Rancho Palos Verdes City Council Agenda 08/29/06 Rancho Palos Verdes City Council Agenda 08/29/06

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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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SEPTEMBER 5, 2006 RANCHO PALOS VERDES CITY COUNCIL AGENDA SEPTEMBER 5, 2006 RANCHO PALOS VERDES CITY COUNCIL AGENDA SEPTEMBER 5, 2006 RANCHO PALOS VERDES CITY COUNCIL AGENDA

AGENDA
RANCHO PALOS VERDES CITY COUNCIL
SEPTEMBER 5, 2006
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. 2006-65
NEXT ORDINANCE NO. 445
FLAG SALUTE:

APPROVAL OF AGENDA:

CEREMONIAL: Presentation of Certificates to the members of the Residential Development Standards Steering Committee and the Open Space Planning and Recreation & Parks Task Force

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 20, 2005 and June 20, 2006.

3. Border Issues Status Report (Fox)
Recommendation: Review the current status of border issues.

4. Adoption of Ordinance No. 442 – Amending Section 17.02.040 (C)(2) of the Rancho Palos Verdes Municipal Code Relating to View Restoration (Petru)
Recommendation: ADOPT ORDINANCE NO. 442; 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 ENFORCEMENT.

5. Adoption of Ordinance No. 443 - Amending Chapter 3.30 of the Rancho Palos Verdes Municipal Code Relating to the Application of the City’s Telephone User Tax (Petru)
Recommendation: ADOPT ORDINANCE NO. 443, 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.

6. Revised License Agreement with T-Mobile (Petru)
Recommendation: 1) Approve a Revised License Agreement with T-Mobile for the installation and maintenance of a telecommunications facility at Robert E. Ryan Park; and, 2) Authorize the Mayor and City Clerk to execute said agreement.

7. Cable Franchise Fee Review (Downs)
Recommendation: 1) Approve the attached professional services agreement with Communications Support Group, Inc. for an amount not to exceed $25,000 to conduct a review of franchise fee calculations and remittances from Cox Communications, Inc.; 2) Authorize the Mayor and the City Clerk to execute the professional services agreement with Communications Support Group, Inc.; and, 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 APPROPRIATION FOR FY06-07, TO INCREASE BUDGETED APPROPRIATIONS IN THE GENERAL FUND.

8. Award Construction Contract for McCarroll Canyon Channel Improvements (Dragoo)
Recommendation: 1) Approve the Plans and Specifications for the construction of the McCarroll Canyon Channel Improvements; 2) Award a Construction Contract to S.P. Pazargad Engineering Construction, Inc., in the amount of $98,475, for the construction of the McCarroll Canyon Channel Improvements and authorize the expenditure of up to $15,000 for possible extra work; 3) Award a contract for professional services to Charles Abbott Associates in the not to exceed amount of $5,000 for Construction Inspection services; and, 4) Authorize the Mayor and City Clerk to execute the contracts with S.P. Pazargad Engineering Construction, Inc., and Charles Abbott Associates.

9. Phase II Storm Drain Lining Project (Dragoo)
Recommendation: 1) Approve the Plans and Specifications for the construction of the Phase II Storm Drain Lining Project (Monero Drive Storm Drain Rehabilitation); 2) Award a Construction Contract to SANCON Technologies, Inc., in the amount of $179,920.60, for the construction of the Phase II Lining Project and authorize the expenditure of up to $27,000.00 for possible extra work; 3) Award a contract for professional services to Charles Abbott Associates in the not to exceed amount of $20,000, for Construction Inspection services; and, 4) Authorize the Mayor and City Clerk to execute the contracts with SANCON Technologies, Inc., and Charles Abbott Associates.

10. Arterial Rehabilitation Program Additional Engineering Services (Vaish)
Recommendation: Approve an Addendum to an existing contract for Professional Engineering Services provided by Willdan, for a not-to-exceed fee of $8,500 for services related to the City’s Arterial Rehabilitation Program.

11. 2006 Annual Report on the Implementation of the Rancho Palos Verdes General Plan (Mikhail) - PDF


Recommendation: Direct Staff to forward the City’s Annual Report on the Implementation of the Rancho Palos Verdes General Plan for the 2005-2006 fiscal year to the State Governor’s Office of Planning and Research, and to the Department of Housing and Community Development

12. Palos Verdes on the Net Modular Building Utilities and Maintenance Program (Park)


Recommendation: 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 FY 06-07, TO INCREASE THE PUBLIC WORKS BUILDING MAINTENANCE BUDGET IN THE AMOUNT OF $41,950.

13. June 2006 Treasurer’s Report (McLean)
Recommendation: Receive and file the June 2006 Treasurer’s Report for the City of Rancho Palos Verdes.

14. FY05-06 Continuing Appropriations (Downs)
Attachment: PDF

Recommendation: 1) 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 FY06-07, TO CONTINUE CERTAIN EXPENDITURE APPROPRIATIONS FROM FY05-06; and, 2) ADOPT RESOLUTION NO. 2006- , AMENDING RESOLUTION NO. 2005-53, THE BUDGET APPROPRIATION FOR FY05-06, TO REDUCE THE BUDGET FOR CONTINUING APPROPRIATIONS THAT WILL BE RE-BUDGETED AND INCLUDED IN THE FY06-07 BUDGET.

15. 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:

16. An Appeal of the Planning Commission's Decision Denying Case No. ZON2006-00328 (Revision BB to Conditional Use Permit No. 163/Variance), Which is a Request to Permit an "After-the-Fact" 70' Tall Flag Pole Located at the Back Tee of Hole #1 of the Trump National Golf Course (Pfost)

Recommendation: Hear any public testimony, not discuss the merits of the request and continue the public hearing to the September 19, 2006 City Council meeting.

17. Appeal of Planning Commission Approval of Case No. ZON2005-00656 (Sohn)

Recommendation: ADOPT RESOLUTIN NO. 2006- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION’S DECISION TO APPROVE THE SITE PLAN REVIEW APPLICATION CASE NO. CASE NO. ZON2005-00656.

PAUSE TO CONSIDER REMAINDER OF THE AGENDA

REGULAR NEW BUSINESS:

18. Petition to Repeal the Storm Drain User Fee (Petru)


Recommendation: 1) Receive and file the City Clerk’s Certification that the Petition to Repeal the Storm Drain user Fee has Qualified for Ballot on the November 2007 General Election; 2) Either adopt the ordinance, as proposed, or place the ordinance on the ballot at the City’s next regular municipal election, which in this case would be held on November 6, 2007; and 3) Before adopting the ordinance or calling an election, decide whether to refer the ordinance to staff in order that a report be prepared analyzing the fiscal impact of the proposed ordinance repealing the fee within thirty days.

19. Review Results of Second Westside Pilot Area Survey (Ramezani)

Recommendation: Review the results of the second Westside pilot area survey proposing trash and recycling day changes, and direct staff to take needed action.

20. Eastview School District Boundary (Evans)

Recommendation: Receive and file.

21. Fall Community Leaders’ Breakfast and Annual Holiday Reception (Petru)


Recommendation: Select Saturday, October 21, 2006 as the date for the Fall Community Leaders’ Breakfast at Hesse Park and select Monday, December 4, 2006 as the date for the Annual Holiday Reception at the Point Vicente Interpretive Center.

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

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

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 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.