Rancho Palos Verdes City Council Agenda 11/15/05 11/15/05 Rancho Palos Verdes City Council Agenda 11/15/05

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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
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DECEMBER 6, 2005 RANCHO PALOS VERDES CITY COUNCIL AGENDA DECEMBER 6, 2005 RANCHO PALOS VERDES CITY COUNCIL AGENDA DECEMBER 6, 2005 RANCHO PALOS VERDES CITY COUNCIL AGENDA

AGENDA

RANCHO PALOS VERDES CITY COUNCIL

DECEMBER 6, 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.

7:00 P.M. REGULAR SESSION

CALL TO ORDER:

ROLL CALL: NEXT RESOL. NO. 2005-127

NEXT ORDINANCE NO. 429

FLAG SALUTE:

APPROVAL OF AGENDA:

CERTIFICATION OF ELECTION:

1. Certification of Election Results (Petru)

Recommendation: ADOPT RESOLUTION NO. 2005-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 8, 2005, DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS AS PROVIDED BY LAW.

2. Swearing in of newly elected Council members Clark and Gardiner (Petru)

3. Council Reorganization (Petru)

    1. Selection of Mayor.
    2. Action Required: City Clerk will ask for nominations for Mayor.

    3. Selection of Mayor Pro Tem (Mayor)

Action Required: Mayor will ask for nominations for Mayor Pro Tem.

CEREMONIAL MATTER: Remarks by Council members.

Recess:

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MAYOR’S ANNOUNCEMENTS:

RECYCLE DRAWING:

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:

4. 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.

5. Approval of Minutes (Petru)

Recommendation: Adopt the Minutes of June 7, 2005; June 21, 2005, and November 21, 2005.

6. Repair of the Tarapaca Storm Drain (Dragoo)
6A. Attachment

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.

7. Interim Improvements to Barkentine/Seacove and Other Miscellaneous Drainage Improvements (Zaworski)
Exhibit A: 30502 Palos Verdes Drive West
Exhibit B: Nobleview Canyon
Exhibit C: Bronco Drive
Exhibit D: PVDS East of Crestmont
Attachment A: FY05-06 Status of Storm Drain Budget

Recommendation: Review and reconfirm by four/fifths (4/5) vote, the Council’s previous actions on October 18, 2005, November 1 and 15, 2005, to authorize staff to conduct an informal bid process to construct interim improvements to Barkentine/Sea Cove and other miscellaneous drainage improvements.

8. Repair of Four Storm Drains (Dragoo)
8A. Attachment

Recommendation: Review and reconfirm by four/fifths (4/5) vote, the Council’s previous action on November 15, 2005 to authorize staff to conduct an informal bid process to repair storm drains on Palos Verdes Drive South, Silver Arrow, Crest Road, and Pontevedra.

9. Appointment of Board Member to the Klondike Canyon Geologic Hazard Abatement District (Petru)

Recommendation: Appoint Gail Lovrich to a full four-year term of office on the Klondike Canyon Geologic Hazard Abatement District board until September 2009.

10. Appointment of Board Members to the Abalone Cove Landslide Abatement District (Petru)

Recommendation: Appoint Robert Douglas and Mary Sheridan to full four-year terms of office on the Abalone Cove Landslide Abatement District board until September 2009.

11. Appointment of Board Members to the Ridgecrest Ranchos Recreation & Parks District (Petru)

Recommendation: Appoint Tom Carter, Victor Hansen and Joyce Huppert to full four-year terms of office on the Miraleste Recreation & Parks District board until December 2009.

12.Appointment of Board Members to the Miraleste Recreation and Parks District (Petru)

Recommendation: Appoint Dawn Henry and Peter Glusac to full four-year terms of office on the Miraleste Recreation & Parks District board until December 2009.

13. Household Hazardous Waste/Electronics Waste Round-Up Siting And Liability Agreement With Los Angeles County (Ramezani)

Recommendation: Authorize the Mayor and City Clerk to execute the Household Hazardous Waste and Electronics Waste Collection Program Siting and Liability Agreement with the County of Los Angeles and County Sanitation District No. 2 of Los Angeles County.

14. Ordinance No. 428, a Zone Change to the Upper Portion of San Ramon Canyon (30648, 30650, 30652, 30658, 30676, 30678, 30680, 30682 Palos Verdes Drive East; and 2803, 2809, 2817, 2823, 2829, 2837, 2845 San Ramon Drive), from OH to RS-2 (Schonborn)

Recommendation: ADOPT ORDINANCE NO. 428, A ZONE CHANGE FOR THE UPPER SAN RAMON CANYON AREA (THE PORTION OF THE 15 PROPERTIES LOCATED BETWEEN THE HEAD OF THE SAN RAMON CANYON AND PALOS VERDES DRIVE EAST, ADDRESSED AS 30648, 30650, 30652, 30658, 30676, 30678, 30680, 30682 PALOS VERDES DRIVE EAST, AND 2803, 2809, 2817, 2823, 2829, 2837, 2845 SAN RAMON DRIVE, FROM OPEN SPACE HAZARD (OH) TO SINGLE-FAMILY RESIDENTIAL (RS-2).

15. View Restoration Mediator Contract Renewal (Rojas)

Recommendation: Authorize the City Manager to enter into a contract with Mrs. Coleen Berg for professional view restoration mediation services for an additional year.

16. Register of Demands (McLean)

Recommendation: ADOPT RESOLUTION 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.

# # # # # #

PUBLIC HEARINGS:

17. Consideration of Adoption of a Resolution of Necessity for the Acquisition in Eminent Domain of Real Property Interests in APN 7573-004-026, located at 6359 Tarragon Road, in Connection with the Emergency Construction, Repair and Maintenance of Drainage Improvements (Lynch)

Recommendation: 1) Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this Report, take testimony from any person wishing to be heard on this matter; 2) If the City Council finds, based upon the evidence contained in and referred to in this Report, and the testimony and comments received in this hearing, that the evidence supports the necessary findings with respect to the Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, ADOPT THE PROPOSED RESOLUTION NO. 2005-___, A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH AN EMERGENCY DRAINAGE PROJECT, and authorize City staff and the City Attorney’s office to take all necessary steps to file and prosecute an eminent domain proceeding to acquire the fee simple interest in real property commonly known as 6359 Tarragon Road, identified as Assessor’s Parcel Number 7573-004-026 (referred to hereafter as "Subject Property"). The Subject Property is more fully described in the legal description attached as Exhibit "A" and depicted on the diagram attached as Exhibit "B" to the Resolution of Necessity. Exhibits "A" and "B" are incorporated herein by this reference; and 3) Authorize the Mayor and City Manager to execute all necessary documents.

18. Southern California Gas Company Franchise Renewal (Lynch)
18A. Attachment
18B. Attachment

Recommendation: INTRODUCE ORDINANCE NO. __, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES GRANTING A FRANCHISE TO SOUTHERN CALIFORNIA GAS COMPANY, A CORPORATION, THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS, WAYS, AND ALLEYS, AS THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN THE CITY OF RANCHO PALOS VERDES.

19. Proposed 2006-2007 Community Development Block Grant (CDBG) Program (Huey)

Recommendation: 1) Conduct a public hearing to receive citizen input on the proposed 2006-2007 Community Development Block Grant (CDBG) Program; 2) Approve the proposed CDBG projects and budget; and, 3) Authorize the interim Director of Public Works to execute agreements for CDBG projects with the Los Angeles County Community Development Commission.

20. Code Amendment (Case No. ZON2004-00265) to Establish Regulations for the Use of Cargo Containers on Private Property (Blumenthal)

Recommendation: Continue the public hearing to the February 7, 2006 City Council meeting.

21. Trump National Golf Club - Revision "Y" - Request for Temporary Opening of the Golf Course and Driving Range (Continued hearing from November 1, 2005.) (Pfost)

Recommendation: Continue the public hearing to the December 20, 2005 City Council meeting.

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:

22. Border Issues Status Report (Fox)

Recommendation: Review the current status of border issues and provide direction to Staff, as appropriate.

23. Proposed Revisions to the Purchasing Ordinance (Downs)

Recommendation: INTRODUCE ORDINANCE NO.____, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING CHAPTER 2.44 GOVERNING THE PURCHASE OF SERVICES, SUPPLIES AND EQUIPMENT AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.

24. Revised City Investment Strategy (Gyves)

Recommendation: Approve and direct Staff to implement the revised City investment strategy developed by Fieldman, Rolapp Financial Services, LLC.

25. Funding a Lobbyist for Support of the Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Bond of 2006 (SB 153) (Rojas)

Recommendation: Approve a budget adjustment for $18,000 for the services of a state lobbyist (Joseph Caves of Conservation Strategy Group) for one year in support of the proposed Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Bond of 2006.

26. Joint Host for California Contract Cities Association General Meeting (Park)

Recommendation: 1) Approve hosting the June 2006 California Contract Cities Association general dinner meeting with the Cities of Lomita and Rolling Hills Estates; and 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 FY 05-06, TO INCREASE THE COMMUNITY OUTREACH PROGRAM BUDGET IN THE AMOUNT OF $2500.

27. UCTV Antenna Program Application (Evans)

Recommendation: Consider a recommendation from Councilman Gardiner and Cable TV Manager Holt to submit an application for a UCTV satellite dish for Channel 33 "and see what happens."

28. City Council Meeting Dates (Evans)

Recommendation: Consider canceling the Tuesday, January 3, 2006 City Council meeting and setting a date for a tactical planning session.

29. Health Insurance Contributions (Petru)

Recommendation: ADOPT RESOLUTION NO. 2005-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING THE CITY’S MAXIMUM MONTHLY CONTRIBUTION AMOUNTS FOR EMPLOYEE HEALTH INSURANCE PREMIUMS.

30. Pontevedra Storm Drain Emergency Repairs (Evans)

Recommendation: 1) Find that an emergency exists, which will not permit the delay that will result from a competitive solicitation for bids, and that the actions recommended below are necessary to respond to the emergency; 2) ADOPT RESOLUTION 2005-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION 2005-53, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2005-06, FOR A BUDGET ADJUSTMENT TO THE CITY’S WATER QUALITY/FLOOD PROTECTION PROGRAM; AND, 3) Authorize the Director of Public Works to execute a contract with Peterson Chase for the emergency repairs.

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)

CONFERENCE WITH LEGAL COUNSEL

Conference with Real Property Negotiators

G.C. 54956.8

Pursuant to Government Code Section 54956.8, the City Council is meeting with the City negotiators to discuss the price and terms of payment for the acquisition of the parcel of real property owned by Carmiel Cohen and identified as Assessor's Parcel Number 7573-004-026 (6359 Tarragon Road).  The City negotiators are: Steve Wolowicz, Mayor Pro Tem; Peter Gardiner, Councilman; Les Evans, City Manager; Carol Lynch, City Attorney, and Regina Danner, Special Counsel.  The party with whom the City negotiators will be negotiating is the owner of the property, Mr. Carmiel Cohen.

Existing Litigation

G.C. 54956.9(a)

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

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).

Potential Litigation

G.C. 54946.9(b)

The City Council is meeting in closed session pursuant to the provisions of Government Code Section 54946.9(b) to discuss potential litigation against the City regarding two claims that have been filed pursuant to the Tort Claims Act by William and Rachel Viramontes and Shilpa Bodiwala.

The claims are on file in the City Clerk's office.

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 .