Rancho Palos Verdes City Council Agenda 08/15/06 Rancho Palos Verdes City Council Agenda 08/15/06

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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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AUGUST 15, 2006 RANCHO PALOS VERDES CITY COUNCIL AGENDA AUGUST 15, 2006 RANCHO PALOS VERDES CITY COUNCIL AGENDA AUGUST 15, 2006 RANCHO PALOS VERDES CITY COUNCIL AGENDA

AGENDA
RANCHO PALOS VERDES CITY COUNCIL
AUGUST 15, 2006
FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD

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5:00 P.M. CLOSED SESSION: THE MAYOR HAS CALLED A SPECIAL MEETING TO BEGIN THE CLOSED SESSION AT 5:00 P.M. AND ANTICIPATES THE POSSIBLE NEED TO TAKE UP THE CLOSED SESSION AFTER THE CONCLUSION OF THE REGULAR MEETING AGENDA. SEE ATTACHED BROWN ACT CHECK LIST FOR DETAILS.

7:00 P.M. REGULAR SESSION

CALL TO ORDER:

ROLL CALL: NEXT RESOL. NO. 2006-60
NEXT ORDINANCE NO. 442
FLAG SALUTE:

APPROVAL OF AGENDA:

MAYOR’S ANNOUNCEMENTS:

RECYCLE DRAWING:

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

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:

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 December 6, 2005 and May 6, 2006.

3. Adoption of Ordinance No. 441 – Adopting Floodplain Regulations and Adding Chapter 15.42 to Title 15 of the Rancho Palos Verdes Municipal Code (Petru)

Recommendation: ADOPT ORDINANCE NO. 441; AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING FLOODPLAIN REGULATIONS AND ADDING CHAPTER 15.42 TO TITLE 15 OF THE RANCHO PALOS VERDES MUNICIPAL CODE.

4. City Manager Recruitment (Petru)

Recommendation: 1) Authorize the Mayor to execute the professional services agreement with Avery Associates; and, 2) ADOPT RESOLUTION NO. 2006- , A RESOLUTION OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2006-41, THE BUDGET APPROPRIATION FOR FISCL YEAR 2006-07, FOR A BUDGET ADJUSTMENT TO THE CITY’S GENERAL FUND.

5. Contract Amendment for Additional Sheriff Traffic Enforcement Services (Petru)
Recommendation: Authorize the City Manager to sign the City’s Service Level Authorization for FY 06-07 to add an additional Los Angeles County Sheriff’s Department regional traffic enforcement deputy during the p.m. and weekends shift.

6. Register of Demands (McLean)

Recommendation: ADOPT RESOLUTION NO. 2006- , 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:

7. Planning Case No. ZON2004-00265: Amendment to Various Sections of Title 17 (Zoning) to Regulate the Use of Cargo Containers on Public and Private Property (Fox)

Recommendation: INTRODUCE ORDINANCE NO. , AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING ADDENDUM NO. 13 TO ENVIRONMENTAL ASSESSMENT/NEGATIVE DECLARATION (EA/ND) NO. 694 AND APPROVING THE CARGO CONTAINER CODE AMENDMENT (CASE NO. ZON2004-00265).

8. Proposed View Restoration Ordinance and Preservation Guideline Revisions [Continued from August 1, 2006] (Alvarez)


Recommendation: 1) Review and approve the recommended revisions to the City’s View Restoration and Preservation Guidelines that have been forwarded from the Planning Commission; and 2) Conduct the public hearing and INTRODUCE ORDINANCE NO. , AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING SECTION 17.02.040(C)(2) OF THE RANCHO PALOS VERDES MUNICIPAL CODE, TO MAKE IT CLEAR THAT THE CITY MAY UTILIZE THE PROCESS SET FORTH IN TITLE 8, CHAPTER 24 OF THE CODE TO RECORD ASSESSMENTS OR LIENS AGAINST PROPERTIES IN ORDER TO COVER UNPAID COSTS TO TRIM OR REMOVE FOLIAGE TO RESTORE AND PRESERVE VIEWS, AS ORDERED BY THE COMMISSION AND/OR THE DIRECTOR OF PLANNING, BUILDING AND CODE ENFOCEMENT.

PAUSE TO CONSIDER REMAINDER OF THE AGENDA

REGULAR NEW BUSINESS:

9. Trails Status Report and Trail Connections at Conestoga Drive and PVIC/Ocean Front Estates (Holland)


Recommendation: 1) Receive and file Trails Status Report dated 8/15/06; 2) Change the classification of the trail section between Conestoga Drive and the hairpin bend on Palos Verdes Drive East 900 feet from the City’s northern city boundary (also known as A-29 in the Conceptual Trails Plan), from “easy” to “challenging;” 3) ADOPT RESOLUTION NO. 2006- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2006-41, THE BUDGET APPRRPIRATION FOR FISCL YEAR 2006-07, FOR A BUDGET ADJUSTMENT OF $8,500 TO THE CITY’S GENERAL FUND AND CIP FUND FOR THE DESIGN AND CONSTRUCTION OF THE CONESTOGA TRAIL; 4) Approve the Plans for the construction of the connection of the trail at PVIC and the trail at Ocean Front Estates; 5) Award a Construction Contract to Montecito Landscape Construction in the amount of $19,000, for the clearing of brush, construction of a culvert over the storm drain and the construction of a DG path to connect the concrete walkway on the east with the DG walkway on the west and authorize staff to spend up to $1,000 for possible extra work; thereby approving a $20,000 construction budget; 6) Authorize the Mayor and City Clerk to execute a construction contract with Montecito Landscape Construction; 6) ADOPT RESOLUTION NO. 2006- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2006-41, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2006-07, FOR A BUDGET ADJUSTMENT OF $20,000 TO THE CITY’S GENERAL FUND AND CIP FUND FOR THE CONSTRUCTION OF THE CONNECTION OF THE TRAIL AT PVIC AND THE TRAIL AT OCEAN FRONT ESTATES; and 7) ADOPT RESOLUTION NO. 2006- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANNCHO PALOS VERDES, AMENDING RESOLUTION NO. 2006-41, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2006-07, FOR A BUDGET ADJUSTMENT OF $2,000 TO THE CITY’S GENERAL FUND FOR TRAILS MAINTENANCE.

10. Request for Waiver of the Application Fee for a Landslide Moratorium Exclusion Request for Sixteen (16) Vacant Lots in the “Zone 2” Area of the Portuguese Bend Community (Planning Case No. ZON2002-00043) (Fox)


Recommendation: Deny the requested fee waiver.

11. Minutes of Closed Sessions (Lynch/Evans/Petru)


Recommendation: Give direction regarding whether the City Council would like the City Attorney to prepare a resolution directing the City Clerk to deputize one or more individuals as deputy City Clerks and designating the individuals as the persons who will attend closed session meetings of the City Council to prepare verbatim minutes of the closed sessions.

12. Proposition 84 - Clean Water, Parks and Coastal Protection Bond (Park)


Recommendation: Consider taking a position on Proposition 84, Clean Water, Parks and Coastal Protection Bond.

13. Assignment to the Finance Advisory Committee – Alternative Sources of Revenue and Funding (McLean)


Recommendation: 1) Provide any additional direction to Staff and the Finance Advisory Committee regarding the City Council assigned task of studying alternative sources of revenue and funding, including the investigation of borrowing and debt financing; and, 2) Task the Infrastructure Financing Team with analyzing the fiscal impact of the potential repeal of the Storm Drain User Fee to coincide with the FY 07-08 User Fee Rate Review to be conducted by the Finance Advisory Committee prior to the Public Hearing that will be conducted before the City Council in June 2007.

14. Consideration of an Ordinance Amending Chapter 3.30 of the Rancho Palos Verdes Municipal Code Relating to the Application of the City’s Telephone User Tax (Lynch)


Recommendation: 1) Read Ordinance No. , “AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 3.30 OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO THE APPLICATION OF THE CITY’S TELEPHONE USER TAX” by title only, waive further reading, and introduce the ordinance; and 2) Read Ordinance No. –U, “AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 3.30 OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO THE APPLICATION OF THE TELEPHONE USER TAX AND DECLARING THE URGENCY THEREOF” by title only, waive further reading, and adopt the ordinance.

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

CLOSED SESSION REPORT:

ADJOURNMENT: Adjourn to Tuesday, August 29, 2006 at 7:00 P.M. at Fred Hesse Community Park, 29301 Hawthorne Boulevard, for a joint workshop with the Emergency Preparedness Committee.

CLOSED SESSION AGENDA CHECKLIST
Based on Government Code Section 54954.5

(All Statutory References are to California Government Code Sections)

Potential Litigation:
G.C. 54956.9(b)

Concerning the house located at 40 Cherry Hill Lane that have moved onto Redevelopment Agency property located seaward of Palos Verdes Drive South. Potential Number of Cases: 1

Conference with Real Property Negotiator
G.C. 54956.8

Property: APN #7572-004-030 (vacant lot on Cherry Hill Lane)
City Negotiators: City Manager, Assistant City Manager and City Attorney
Negotiating Parties: Ms. Terry Turner
Under Negotiation: To give directions to negotiators regarding price and terms of payment

Conference with Legal Counsel

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:

Existing Litigation:
G.C. 54956.9(a)

Name of Case: Protus Taniform V. City of Rancho Palos Verdes and Transnation Title Insurance Company, Los Angeles County Superior Court. Case No. BC356116.

Name of Case: Monks V. City of Rancho Palos Verdes, Los Angeles County Superior Court. Case No. YS010425.

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.