Rancho Palos Verdes City Council Agenda 07/05/2005 07/05/2005 Rancho Palos Verdes City Council Agenda 07/05/2005
 

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.

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** CITY COUNCIL AGENDA
** REDEVELOPMENT AGENCY AGENDA
** IMPROVEMENT AUTHORITY AGENDA

JUNE 21, 2005 RANCHO PALOS VERDES CITY COUNCIL AGENDA JUNE 21, 2005 RANCHO PALOS VERDES CITY COUNCIL AGENDA

AGENDA

RANCHO PALOS VERDES CITY COUNCIL

JUNE 21, 2005

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.

6:45 P.M. ADVISORY BOARD CANDIDATE INTERVIEWS

7:00 P.M. REGULAR SESSION

CALL TO ORDER:

ROLL CALL:

NEXT RESOL. NO. 2005-67

FLAG SALUTE: NEXT ORDINANCE NO. 422

MAYOR’S ANNOUNCEMENTS:

RECYCLE DRAWING:

APPROVAL OF AGENDA: (Given the length of the agenda, the Mayor and Mayor Pro Tem will propose that the meeting adjourn at 11:00 P.M. and all remaining items be continued to a date certain, possibly to an adjourned meeting on Wednesday, June 22, 2005 at 7:00 P.M. Items proposed for consideration on June 21, 2005 include the Consent Calendar, Public Hearing Item Nos. 13 & 14 and Regular Business Item Nos. 17, 18 & 19, if time permits.)

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

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:

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. (Petru)

Recommendation: Approve the Minutes of March 15, 2005 and April 5, 2005.

3. Repair of the Tarapaca Storm Drain (Dragoo)

Recommendation: Review and reconfirm by a four/fifths (4/5) vote, the Council’s previous action on December 21, 2004 to authorize staff to conduct an informal bid process to repair the Tarapaca Storm Drain.

4. Rescind Award of Three Non-Exclusive Commercial Refuse Collection and Disposal Services Annual Agreements for 2005 (Ramezani)

Recommendation: Rescind approval of non-exclusive commercial refuse collection and disposal services agreements that were awarded for the year 2005 to: Avel Roll Off, Art's Special Waste, Inc. and Ace Roll Off Rubbish Service, Inc.

5. Amendment to the Agreement for Legal Services – Richards, Watson & Gershon (Evans)

Recommendation: Approve the Amendment to Legal Services Agreement with Richards, Watson & Gershon.

6. Amendment to the City Manager’s Employment Agreement (Evans)

Recommendation: Approve the sixth amendment to the City Manager’s employment agreement.

7. Notice of Completion for the City Hall Elevator Project (Dragoo)

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 within 35 days after recordation, and upon the contractor posting an acceptable warranty bond, notice the surety company to exonerate the payment and Performance bonds; and, 3) Authorize the Director of Public Works to release the 10% retention payment, to 2H Construction, Inc., 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.

8. Amendment of Existing Contract for Building and Safety Services (Rojas)

Recommendation: As directed by the City Council in December 2004, approve the amended Services Agreement with Charles Abbott Associates (CAA) that eliminates the services of a City Building Official, includes the issuance of additional permits into the scope of work, and extends the term of the contract an additional 2 years to June 30, 2007.

9. Adoption of California Electrical Code (Rojas)

Recommendation: INTRODUCE ORDINANCE NO. __, "AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE PART 3 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2004 CALIFORNIA ELECTRICAL CODE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE."

10. Purchase of Tax Defaulted Property (Petru)

Recommendation: Authorize the Mayor and City Clerk to sign an Agreement to Purchase Tax-Defaulted Property for a 0.17-acre vacant parcel located at the end of East Crest Road, adjacent to the federal radar dome facility at San Pedro Hill.

11. City Maintenance Contract Extensions (Allison)

Recommendation: Approve a one-year extension for FY 05 – 06 to Bell Building Maintenance for Building Maintenance, Bennett Landscape for Median Maintenance, TruGreen Landcare for Roadside Maintenance, and TruGreen Landcare for Park and Trails Maintenance.

12. Register of Demands. (McLean)

Recommendation: ADOPT RESOL. NO. 2005-__, 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:

13. Citywide Landscaping and Lighting Maintenance District (Huey)

Recommendation: 1) Request staff to modify the Engineer’s Report prepared for the Citywide Landscaping and Lighting Maintenance District for fiscal year 2005-2006 to utilize a portion of the existing fund balance to maintain Citywide traffic signals and safety lighting and thereby reduce the amount of the assessment that is levied against properties in the City for this cost; 2) Conduct a public hearing on the proposed levy and collection of assessments within the Citywide Landscaping and Lighting Maintenance District for fiscal year 2005-2006 and the Engineer’s Report, as modified in accordance with No. 1 above; and, 3) ADOPT RESOLUTION NO. 2005- __, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES MODIFYING THE ENGINEER’S REPORT, MAKING CERTAIN FINDINGS, AND CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 2005-06 FISCAL YEAR IN CONNECTION WITH THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING MAINTENANCE ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE.

14. Proposed Storm Drain User Fee (McLean) (PDF Format)


Exhibit A – April 19, 2005 Staff Report titled “Water Quality and Flood Protection Program – Proposed Storm Drain User Fee”

Exhibit B – Storm Drain User Fee Assistance Application (Draft)

Exhibit C – Storm Drain User Fee Appeal Application

Exhibit D – History of Noticed Public Meetings Leading to the June 21, 2005 Public Hearing – Proposed Storm Drain User Fee

Exhibit E – Emails Received from Residents after the Notice of Public Hearing was mailed (Available for viewing at City Hall)

Exhibit F – Financing Alternative Matrix

Recommendation: 1) ADOPT RESOLUTION NO. __; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING PROCEDURES IN CONNECTION WITH A PROPOSED ANNUAL STORM DRAIN USER FEE; 2) Conduct a public hearing on the Rate Analysis Report, dated April 13, 2005, prepared by Harris & Associates, and protests or objections to the imposition of the proposed Storm Drain User Fee; 3) Tabulate written protests and determine the existence or absence of a majority protest; 4) In the absence of a majority protest, read Ordinance No. 418; AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING AN ANNUAL STORM DRAIN USER FEE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE, by title only, waive further reading and adopt (by 2/3 majority) said Ordinance, subject to approval of the proposed Fee by a majority of ballots returned by the owners of the properties that will be subject to the Fee; 5) In the absence of a majority protest, ADOPT RESOLUTION NO.__; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE USE OF A MAIL BALLOT ELECTION, CALLING A SPECIAL MAIL BALLOT ELECTION FOR AUGUST 30, 2005, FOR SUBMITTAL OF A PROPOSED ANNUAL STORM DRAIN USER FEE TO OWNERS OF REAL PROPERTY SUBJECT TO THE FEE, CONFIRMING A REPORT ON THE PROPOSED FEE, AND ADOPTING PROCEDURES FOR THE CONDUCT OF THE ELECTION; and 6) In the absence of a majority protest, approve the establishment of the User Fee Assistance Program that was conceptually approved by the City Council on April 19, 2005.

15. Appeal of the Planning Commission’s denial of a Height Variation (Case No. ZON2004-00087), for property located at 28129 Ella Road [Appellant: Moss and Associates, on behalf of Jamie Anvaripour] [Applicant: Stan Anderson, for AEG Architects; Property Owner: Jamie Anvaripour] (Continued from April 5, 2005) (Blumenthal)

Recommendation: ADOPT RESOLUTION NO. 2005-__, DENYING THE APPEAL, THEREBY UPHOLDING THE PLANNING COMMISSION’S DENIAL OF A HEIGHT VARIATION (CASE NO. (ZON2004-00087).

16. Appeal of the Pirates of the Caribbean Film Permit Conditions [Applicant: Second Mate Productions] [Appellants: Native Plant Society and Sierra Club] Project Location: Lower Filiorum Property (Park)

Recommendation: Deny the appeal and uphold the conditional film permit subject to all of the conditions that have been imposed by staff, including the revision that "Any brush clearance associated with the film production activity and determined necessary by the County Fire Department must be within the boundaries of the week abatement that was approved by the City Council or the annual brush clearance that is required by the Fire Department and shall comply with the weed abatement conditions as stated in Amendment One to the film permit."

9:30 PAUSE TO CONSIDER REMAINDER OF THE AGENDA

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:

17. Appointment of Emergency Preparedness Committee Members (Petru)

Recommendation: Appoint members to the Emergency Preparedness Committee, each with a two-year term of office until June 2007.

18. Extension of NCCP Lobbyist Contract (Rojas)

Recommendation: 1) Extend the consulting agreement with Conservation Strategy Group (Joseph Caves), a professional lobbyist assisting the City/Conservancy in its efforts to secure state bond monies for funding the Portuguese Bend acquisition transaction, through September 2005; and 2) ADOPT RESOLUTION NO. 2005-__, APPROVING A $15,000 BUDGET APPROPRIATION TO COVER THE COST OF THE EXTENDED CONSULTING AGREEMENT.

19. Award of Contract for Services to Prepare an Environmental Impact Report for the Crestridge Estates Senior Housing/Senior Center Project (Schonborn)

19A. RBF Proposal (PDF Format)

Recommendation: Authorize the Mayor and the City Clerk to sign a professional services agreement in an amount not to exceed $142,730.50, with RBF Consulting, to prepare an Environmental Impact Report (EIR) for the Crestridge Estates Senior Housing/Senior Center project on property located at the northwest corner of Crestridge Road and Crenshaw Boulevard.

20. Mira Vista Speed Hump Project (Dragoo)

Recommendation: 1) Approve the Plans and Specifications for the construction of the Mira Vista Speed Hump Project for the construction of twelve speed humps; 2) ADOPT RESOLUTION NO. 2005-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2005-53, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2005-06, FOR A BUDGET ADJUSTMENT TO THE CITY’S TRAFFIC MANAGEMENT PROGRAM; 3) Award a Construction Contract to Sully-Miller Construction Company in the amount of $45,380, for the Mira Vista Speed Hump Project; award a contract to Charles Abbott and Associates, Inc., for Construction Inspection services in an amount not to exceed $5,000, and authorize staff to spend up to $10,000 for possible extra work; thereby approving a $60,380 construction budget; and 4) Authorize the Mayor and City Clerk to execute a construction contract with Sully-Miller Construction Company and execute a contract for construction inspection services with Charles Abbott Associates.

21. City Council Meetings, Workshops and Events (Evans)

Recommendation: 1) Identify desired Adjourned City Council Meetings, Workshops and City Events for the next four months; 2) Set dates and times for those meetings, workshops, and events; and 3) Provide staff with instructions for special formats, issues and guests for each.

22. Status Report Regarding Construction Issues at 2 Yacht Harbor Drive (Fox)

Recommendation: Receive and file the report on the status of construction issues at 2 Yacht Harbor Drive.

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

CLOSED SESSION REPORT:

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)

Pending Litigation

G.C. 54956.9(a)

Name of Case: City of Monrovia et al. v. Regional Water Quality Control Board - Los Angeles Region et al., LASC Case No: BS 080807.

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

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.