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


DECEMBER 20, 2005 RANCHO PALOS VERDES CITY COUNCIL AGENDA DECEMBER 20, 2005 RANCHO PALOS VERDES CITY COUNCIL AGENDA DECEMBER 20, 2005 RANCHO PALOS VERDES CITY COUNCIL AGENDA

AGENDA

RANCHO PALOS VERDES CITY COUNCIL

DECEMBER 20, 2005

FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD

REMOTE SITE:

HYATT REGENCY PHOENIX

112 NORTH SECOND STREET

PHOENIX, ARIZONA

_________________________________

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. 2005-133

NEXT ORDINANCE NO. 432

FLAG SALUTE:

APPROVAL OF AGENDA:

CEREMONIAL MATTER:

Salute to Service

MAYOR’S ANNOUNCEMENTS:

RECYCLE DRAWING:

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

CITY MANAGER REPORT:

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:

A. EMERGENCY STORM DRAIN PROJECTS

1. Repair of the Tarapaca Storm Drain (Holland)

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.

2. Interim Improvements to Barkentine/Seacove and Other Miscellaneous Drainage Improvements (Dragoo)

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

3. Repair of Four Storm Drains (Holland)

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.

4. Pontevedra Storm Drain Emergency Repairs (Holland)

Recommendation: Review and reconfirm by a four/fifths (4/5) vote, the Council’s previous action on December 6, 2005 to authorize staff to conduct an informal bid process to repair the Pontevedra storm drain line.

B. OTHER CONSENT CALENDAR ITEMS

5. 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.

6. Southern California Gas Company Franchise Renewal (Lynch)

Recommendation: ADOPT ORDINANCE NO. 429, 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.

7. Revisions to the Purchasing Ordinance (Downs)

Recommendation: ADOPT ORDINANCE NO. 431, 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.

8.This Item Has Been Pulled From the Agenda.

9. Point of Sale Software (Downs)

Recommendation: 1) Authorize Staff to purchase point of sale software and hardware from Cougar Mountain at a cost not to exceed $8,039; and, 2) Authorize the Director of Finance and Information Technology to execute the attached Software Assurance Agreement between the City and Cougar Mountain for warranty of software and support.

10.Amendments to the Competitive Service and Management Personnel Rules – Medical Examination Procedures (Park)

Recommendation: 1) ADOPT RESOLUTION NO. 2005 -___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2002-05 AND ADOPTING REVISIONS TO THE COMPETITIVE SERVICE EMPLOYEE PERSONNEL RULES; 2) ADOPT RESOLUTION NO. 2005 -___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2002-06 AND ADOPTING REVISIONS TO THE MANAGEMENT EMPLOYEE PERSONNEL RULES; and, 3) Authorize Mayor to execute professional service agreements with Western Medical Group to conduct pre-employment medical examinations and medical review of positive drug test results.

11. Annual Agreement Renewal for Non-Exclusive Commercial Refuse Collection and Disposal Services – 2006 (Ramezani)

Recommendation: 1) Authorize the Mayor and the City Clerk to execute one-year non-exclusive commercial refuse collection and disposal services agreements with: Advanced Waste Systems, Inc., BFI Waste Systems of North America, Inc., California Waste Services, CalMet Services, Inc., Consolidated Disposal Service, LLC, Easy Roll Off Services, EDCO Disposal Corporation, JJK Roll-Offs, Inc., Pizzo Masonry dba DP Rolloff Service, S & H Disposal Company, United Pacific Waste & Recycling Services, Universal Waste Systems, Inc., and USA Waste of California dba Waste Management, and West Coast Waste & Roll Off Service; 2) ADOPT RESOLUTION NO. 2005-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES LIMITING THE NUMBER OF HAULERS AUTHORIZED TO PROVIDE SOLID WASTE COLLECTION AND RECYCLING SERVICES FROM COMMERCIAL PREMISES, AND ROLL OFF SERVICES TO RESIDENTIAL PREMISES IN THE CITY OF RANCHO PALOS VERDES IN CALENDAR YEAR 2006.

12. Extension of the Temporary 60-day Moratorium Established on the Landslide Moratorium Area Outlined in Blue (a portion of the Seaview Tract) (Rojas)

Recommendation: ADOPT ORDINANCE NO. ___U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES EXTENDING URGENCY ORDINANCE NO. 427U ESTABLISHING A MORATORIUM ON THE ISSUANCE OF CERTAIN PERMITS AND THE PROCESSING OF PLANNING APPROVALS AND SUSPENDING CERTAIN PREVIOUSLY ISSUED BUILDING PERMITS AND APPROVALS, IN THE PORTION OF THE LANDSLIDE MORATORIUM AREA OUTLINED IN BLUE ON THE LANDSLIDE MORATORIUM MAP ON FILE IN THE CITY’S PLANNING, BUILDING AND CODE ENFORCEMENT DEPARTMENT, WHICH INCLUDES PORTIONS OF DAUNTLESS DRIVE, EXULTANT DRIVE, ADMIRABLE DRIVE AND PALOS VERDES DRIVE SOUTH, AND DECLARING THE URGENCY THEREOF.

13. Resolution Authorizing the Acceptance of the Portuguese Bend and Agua Amarga Canyon Properties in Connection with Creation of a 1200-acre Nature Preserve Under Natural Communities Conservation Plan (NCCP) Subarea Plan (Lynch)

Recommendation: ADOPT RESOLUTION NO. 2005-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE ACCEPTANCE OF THE PORTUGUESE BEND AND AGUA AMARGA CANYON PROPERTIES IN CONNECTION WITH CREATION OF A 1200-ACRE NATURE PRESERVE IN ACCORDANCE WITH THE NATURAL COMMUNITIES CONSERVATION PLAN (NCCP) SUBAREA PLAN.

14. Contract for Professional Services (Dragoo)

Recommendation: 1) ADOPT RESOLUTION NO. 2005-___, RESOLUTION NO. 2005-___, AND RESOLUTION NO. 2005-___, RESOLUTIONS 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 BUDGET ADJUSTMENTS TO THE CITY’S GENERAL FUND AND STREET MAINTENANCE-PAVEMENT AND PROP C FUNDS; 2) Award a contract for Professional Services to Charles Abbott and Associates to include $45,000 for City Engineering Services, $14,000 for Portuguese Bend Roadway Maintenance Inspection Services and $47,400 for GPS Monitoring Services; 3) Authorize the Mayor and City Clerk to execute the above contract for Professional Services with Charles Abbott Associates, Inc.; 4) Authorize staff to negotiate one, or more, contract(s) for additional Professional Services with one, or more, of the following firms: Charles Abbott Associates, Inc.; Harris and Associates; Willdan; or CBM Consulting for an amount not to exceed $90,000 in total; and 5) Authorize the Mayor and City Clerk to execute one, or more, contract(s) for Professional Services with one, or more, of the following firms: Charles Abbott Associates, Inc.; Harris and Associates; Willdan; or CBM Consulting for an amount not to exceed $90,000 in total.

15. Approve Design/Professional Services Contract for Arterial Rehabilitation Program (Overlay Hawthorne Boulevard from Silver Spur Road to City Limit, Southbound Palos Verdes Drive West from City Limit to Hawthorne Boulevard, and a short segment of northbound Palos Verdes Drive West from 400 feet south of Golden Cove Shopping Center to Hawthorne Boulevard. Slurry Seal Palos Verdes Drive South Westbound from Schooner Drive to 1,340 feet West of Schooner Drive (West End of Median) and Palos Verdes Drive South Westbound from 100 Feet East of Narcissa Drive to 400 Feet South of Golden Cove Shopping Center) (Holland)

Recommendation: 1) Award a professional service contract to Willdan, for services related to the City’s Arterial Rehabilitation Program; and, 2) Authorize the Mayor and City Clerk to execute a professional services agreement contract with Willdan for a not to exceed amount of $63,700 and authorize the expenditure of up to an additional $6,370, for a total authorization of $70,070.

16. Claim Against the City by John Garcia (Park)

Recommendation: Reject the claim and direct staff to notify the claimant.

17. 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.

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PUBLIC HEARINGS:

18. 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 [Continued from December 6, 2005] (Lynch)

Recommendation: 1) 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.

19. Trump National Golf Club - Revision "Y" - Request for Temporary Opening of the Golf Course and Driving Range [Continued from December 6, 2005] (Pfost)
19A. Supplemental Report

Recommendation: ADOPT RESOLUTION NO. 2005-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING ADDENDUM NO. 19 TO ENVIRONMENTAL IMPACT REPORT NO. 36 FOR REVISION "Y"; 2) ADOPT RESOLUTION NO. 2005-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING GRADING PERMIT NO. 1541 FOR REVISION "Y"; 3) ADOPT RESOLUTION NO. 2005-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING VESTING TENTATIVE TRACT MAP NO. 50666 FOR REVISION "Y", TO PERMIT A TEMPORARY 3-MONTH PUBLIC OPENING OF THE GOLF COURSE AND DRIVING RANGE; 4) Authorize the Mayor and City Clerk to execute the Indemnity Agreement and Easement Deed between the City and V.H. Property Corporation pertaining to the City’s acceptance of "Public Trail Easements;" and, 5) ADOPT RESOLUTION NO. 2005-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ACCEPTING SAID PUBLIC TRAIL EASEMENTS WITHIN THE TRUMP NATIONAL GOLF CLUB PROJECT.

 

20. Forrestal Nature Preserve – Trails Repair Project (Mihranian)

Recommendation: 1) ADOPT RESOLUTION NO. 2005-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING THE PROPOSED TRAIL REPAIR PROJECT INVOLVING TEN TRAILS WITHIN THE FORRESTAL NATURE PRESERVE; and 2) Authorize the Mayor and the City Clerk to execute a service agreement in an amount not to exceed $7,700 to repair the Pirate and Flying Mane Trails at the Forrestal Nature Preserve that were damaged by the winter storms and thus covered by FEMA funding.

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:

21. Application to the Annenberg Foundation for Planning Grant Funds (Rojas)

Recommendation: Authorize Staff to coordinate with the Palos Verdes Peninsula Land Conservancy (PVPLC) and prepare a joint RPV/PVPLC application for future City Council review and approval, to the Annenberg Foundation for funding of a public use planning study that would cover the NCCP Preserve and the coastal open space areas.

22. Amended Management Agreement between the City and the Palos Verdes Peninsula Land Conservancy (PVPLC) (Rojas)

Recommendation: Approve an amendment to the existing Forrestal Management Agreement between the City and the Palos Verdes Peninsula Land Conservancy (PVPLC) that authorizes the PVPLC to begin habitat management on January 1, 2006 of the City properties that are awaiting formal dedication to the NCCP Preserve.

23. Ordinance Regulating Peddling and Massage Establishments in the City (Lynch)

Recommendation: INTRODUCE ORDINANCE NO. __, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGULATING PEDDLING AND MASSAGE ESTABLISHMENTS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE; and 2) INTRODUCE ORDINANCE NO. __U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGULATING PEDDLING, AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF.

24. Letter to the Developer of the Ponte Vista Project regarding the Role and Function of the Advisory Board (Fox)

Recommendation: Review the draft letter to be sent to the Ponte Vista developer, and provide direction to Staff as appropriate.

25. Potential Disaster Preparedness Action Items (Park)

Recommendation: Direct the Emergency Preparedness Committee to review all the potential action items and select high priority items for staff to investigate further and prepare cost estimates for City Council consideration during the next budget policy workshop.

26. Mayor’s Appointment of City Council Members to Intergovernmental Organizations and Associations. (Petru)

Recommendation: Appoint the members of Council to the various intergovernmental organizations and associations.

27. Membership on the Finance Advisory Committee and Planning Commission. (Petru)

Recommendation: 1) Direct staff to conduct a recruitment for the Finance Advisory Committee and the Planning Commission in January 2006; and 2) Consider conducting interviews during the 6:00 P.M. to 7:00 P.M. timeframe before the February 7, 21 and March 7, 2006 City Council meetings.

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

CLOSED SESSION REPORT:

ADJOURNMENT:

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. Section 54956.9 (a)

The case of Dr. Paul L. Ho and Matthew Ho, et al. v. The City of Rancho Palos Verdes, et al. (Los Angeles Superior Court Case No. YC046031).

Conference with Real Property Negotiators

G.C. 54956.8

Potential purchase of open space

Property: Filiorum: APN 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, Bill Ailor, 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 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.