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
** REDEVELOPMENT AGENCY AGENDA
** IMPROVEMENT AUTHORITY AGENDA

AGENDA
RANCHO PALOS VERDES CITY COUNCIL
ADJOURNED REGULAR MEETING
NOVEMBER 3, 2004
FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD

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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. 2004-93
(2 min) FLAG SALUTE: NEXT ORDINANCE NO. 414

(5 min) MAYOR’S ANNOUNCEMENTS:

RECYCLE DRAWING:

(2 min) APPROVAL OF AGENDA:

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

(2 min) CITY MANAGER REPORTS:

OLD BUSINESS:
(For items previously discussed and continued to a future meeting go to the City’s website at www.palosverdes.com/rpv)

NEW BUSINESS:

(5 min) APPROVAL OF CONSENT CALENDAR:

1. Motion to waive full reading.

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 Council Members after the reading of the title.

2. Approval of the minutes.

Recommendation: Approve the minutes of the September 7 Regular Meeting, September 21 Regular Meeting, October 16 Adjourned Regular Meeting, and October 19 Adjourned Regular Meeting.

3. Professional engineering services for the FY 04-05, 05-06 overlay and slurry seal programs. (Allison)

Recommendation: (1) Award a Professional Services Agreement to Willdan Associates, Inc. in an amount of $ 50,776 and authorize staff to spend an additional $ 5,078 for a total authorization of $55,854 for the design services for the FY 04-05 and 05-06 Overlay and Slurry Seal Programs; and, (2) Authorize the Mayor and City Clerk to execute a Professional Services Agreement with Willdan Associates, Inc.

4. Border Issues status report. (Fox)
Recommendation: Receive the status of border issues report and, if necessary, provide direction to the City Council Committee and staff.

5. Treasurer’s Report. (McLean)
Recommendation: Receive and file the Treasurer’s Report for the month of September 2004.

6. Sidewalk Maintenance Contract. (Allison)
Recommendations: (1) Award a three-year contract for sidewalk maintenance services to Central Coast Surface Grinding Inc., and authorize the Mayor and City Clerk to execute a contract; and, (2) Authorize the award of the contract even though it is likely to exceed the $10,000 limit of the informal bid process.

7. Register of Demands. (McLean)

Recommendation: ADOPT RESOL. NO. 2004- , 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.

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PUBLIC HEARINGS:

(5mins) 8. Appeal of a Grading Permit (Case No. ZON2003-00088), for property located at 49¼ Rockinghorse Road. (Continued hearing from August 17th Meeting.) (Blumenthal)
Recommendation: Table the appeal.

(10mins) 9. ZON2004-00331 (NEIGHBORHOOD COMPATIBILITY CODE AMENDMENT) (Continued from October 19.) (Mihranian)

Recommendation: (1) INTRODUCE ORDINANCE NO. ___, A CITY INITIATED PROPOSAL TO AMEND TITLE 17 OF THE CITY’S MUNICIPAL CODE CLARIFYING THE NEIGHBORHOOD COMPATIBILITY TRIGGERS AND ESTABLISHING SPECIFIC EXEMPTIONS TO THE NEIGHBORHOOD COMPATIBILITY REQUIREMENT; (2) ADOPT RESOLUTION NO. 2004-__, AMENDING THE NEIGHBORHOOD COMPATIBILITY HANDBOOK TO MAKE THE LANGUAGE CONSISTENT WITH THE PROPOSED CODE AMENDMENTS.

9:30 PAUSE TO CONSIDER REMAINDER OF THE AGENDA

(15 min) CITY COUNCIL ORAL REPORTS: (This section of the agenda is designated for oral reports from Council Members to report action taken at outside committee and association meetings.)

REGULAR NEW BUSINESS:

(10mins) 10. Appointment of member to the Traffic Committee. (Purcell)
Recommendation: (1) Appoint a candidate to serve on the Traffic Committee with a term of office until January 2008; or, (2) Delay the appointment until staff presents a revised Traffic Committee charter to the City Council.

(10mins) 11. Approval of agreement with view restoration mediator. (Rojas)

Recommendation: (1) Authorize the City Manager to execute an agreement with Ms. Coleen Berg for professional mediation services not to exceed $14,000 annually for the View Restoration Pre-application process; and, (2) Discontinue the use of the existing volunteer mediators (former View Restoration Commissioners).

(10mins) 12. Forrestal Management Plan. (Mihranian)

Recommendation: Select a date to conduct a public hearing to review and approve the proposed amendments to the Forrestal Management Plan.

(10mins) 13. Grant application for girls’ softball fields at Upper Hesse Park. (Petru)

Recommendation: ADOPT RESOLUTION NO. 2004-; APPROVING THE APPLICATION FOR FUNDS FROM THE CALIFORNIA STATE URBAN PARKS AND HEALTH COMMUNITIES GRANT PROGRAM ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR THE DEVELOPMENT OF TWO GIRLS’ SOFTBALL FIELDS AT UPPER HESSE PARK.

(30mins) 14. Approval of Hon Purchase Agreement. (Lynch)

Recommendation: (1) Approve the agreement to purchase approximately 39 acres of land in Agua Amarga Canyon and approximately 424 acres of land within the Portuguese Bend Area of the City from Palos Verdes Portuguese Bend, LLC. (2) ADOPT RESOL. NO. 2004-, AMENDING RESOLUTION NO. 2004-45THE BUDGET APPROPRIATION FOR FY04-05, TO INCREASE THE ENVIRONMENTAL EXCISE TAX (EET) BUDGET.

(30mins) 15. Consider the scheduling of future agenda items. (Evans)

Recommendation: Approve a list of future City Council agenda items and establish a priority for hearing them.

(30mins) 16. Agenda format and procedures issues. (Evans)

Recommendation: Consider amendments to the City Council Rules of Procedure.

COUNCIL DISCUSSION OF FUTURE AGENDA ITEMS & SUGGESTION OF FUTURE AGENDA ITEMS:

CLOSED SESSION REPORT:

ADJOURNMENT: Adjourn to a 10 a.m. Saturday, November 13 for a site visit at 28531 Palos Verdes Drive East and 1 Bronco Drive re the matter of view restoration.

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)

CONFERENCE WITH REAL PROPERTY NEGOTIATOR
G.C. 54956.8

Property: Portuguese Bend: 7572-001-001, 002, 003, 004, 006, 007; 7564-005-001 and 7581-023-011.

Agua Amarga Canyon: 7588-001-002, 7588-001-003, 7583-024-019, 7583-024-005, and 7583-022-011.

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

Negotiating Parties: Barry Hon, Chris Downey, Michael Walker and Kenneth Wolfson.

Under Negotiation: Price and terms of payment.

CONFERENCE WITH LEGAL COUNSEL

The City Council 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)

The City Attorney will be presenting to the City Council a status report on existing litigation:

1. Abrams v. City of Rancho Palos Verdes, Ninth Circuit Case Nos. 02-55680 and 02-55681.
2. Kay v. City of Rancho Palos Verdes, U. S. District Court Case No. 02-3922-MMM.
3. Indian Ridge Crest Gardens, L.P. v. City of Rancho Palos Verdes, Rancho Palos Verdes Redevelopment Agency, Peter Gardiner, Douglas Stern, Carol Lynch, et al (Los Angeles Superior Court Case No. BC272155).
4. Monks. V. City of Rancho Palos Verdes. Los Angeles County Superior Court Case No. YS 010425.
5. Monks v. City of Rancho Palos Verdes: U. S. District Court Case No. 02-5424-RSWL.

Potential Litigation
G.C. 54956.9(b)

The City Council will also be meeting in closed session to discuss two potential matters that may lead to litigation which are based on claims that were filed against the City on September 3, 2004 by Indian Ridgecrest Gardens, LP and Charles Brumbaugh.