AGENDA RANCHO PALOS VERDES CITY COUNCIL - AGENDA RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING June 17, 2008 FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD AGENDA RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING June 17, 2008 FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD AGENDA RANCHO PALOS VERDES CITY COUNCIL - AGENDA RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING June 17, 2008 FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD

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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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AGENDA RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING June 17, 2008 FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD AGENDA RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING June 17, 2008 FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD AGENDA RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING June 17, 2008 FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD
AGENDA

RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING

JUNE 17, 2008
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. 2008-45
                                                                                                NEXT ORDINANCE NO. 474
FLAG SALUTE:                                                      

CEREMONIAL:  Frank Zerunyen – President of Contract Cities

MAYOR’S ANNOUNCEMENTS: 

RECYCLE DRAWING:

APPROVAL OF AGENDA:

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

CITY MANAGER REPORT:  

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 (Morreale)
            Recommendation: Approve the Minutes of the February 23, 2008 Adjourned Regular Meeting Public Use Master Plan Workshop.

3.         Appeal of a Height Variation, Grading Permit, Site Plan Review and Extreme Slope Permit (Case No. ZON2007-00179) (5329 Bayridge Road) (Kim)
Recommendation: ADOPT RESOLUTION NO. 2008-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY APPROVING THE APPLICANT’S APPEAL BY OVERTURNING THE PLANNING COMMISSION’S DECISION AND APPROVING A HEIGHT VARIATION, GRADING PERMIT, SITE PLAN REVIEW AND EXTREME SLOPE PERMIT (CASE NO. ZON2007-00179).      

4.         Administrative Code Enforcement Penalty Ordinance (Pitts)
Recommendation: ADOPT ORDINANCE NO. 473, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING PROCEDURES AND ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF THE RANCHO PALOS VERDES MUNICIPAL CODE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.  

 5.       Five Year Extension to the Use of the Affordable Housing In-Lieu Funds Submitted by the Seabreeze Residential Development Project (Pfost)
Recommendation: ADOPT RESOLUTION NO. 2008-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, EXTENDING THE USE OF THE AFFORDABLE HOUSING IN-LIEU FUNDS FOR THE SEABREEZE RESIDENTIAL DEVELOPMENT PROJECT FOR AN ADDITIONAL 5-YEAR PERIOD.

6.         Award Storm Drain Video Inspection and Cleaning Services (Dragoo)
Recommendation: 1) Award a three-year contract for Storm Drain Video Inspection and Cleaning services to Performance Pipeline Technologies, in an amount not to exceed $152,400; 2) Authorize the Mayor and City Clerk to execute a contract with Performance Pipeline Technologies; and, 3) Authorize the expenditure of up to $152,400 for Fiscal Year 2008-2009.

7.         Independent Audit Services – Professional Services Agreement (McLean)
Recommendation: Approve the attached Professional Services Agreement for Independent Auditing Services with Diehl, Evans & Company, LLP to provide independent audit services for fiscal years ended June 30, 2008 through June 30, 2010, with an option to provide independent audit services for each of the two subsequent fiscal years.

8.         FY 07-08 Budget Adjustments (McLean)
Recommendation: ADOPT RESOLUTION NO. 2008-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2007-70, THE BUDGET APPROPRIATION FOR FY07-08, TO DECREASE BUDGETED EXPENDITURES IN THE GENERAL FUND.

9.         Register of Demands (McLean)
Recommendation: ADOPT RESOLUTION NO. 2008-___, 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:

10.       Adoption of the City Budget and Employee Salary Ranges for Fiscal Year 2008-2009 (Petru)
Recommendation: 1) ADOPT RESOLUTION NO. 2008-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING A BUDGET APPROPRIATION AND ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2008-2009; 2) ADOPT RESOLUTION NO. 2008-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ESTABLISHING INTERIM SALARY AND HOURLY RANGES FOR ALL COMPETITIVE AND MANAGEMENT EMPLOYEE JOB CLASSIFICATIONS BY APPLYING A CONSUMER PRICE INDEX (CPI) ADJUSTMENT OF 3.28% TO ALL RANGES; AND, 3) ESTABLISH THE ANNUAL EMPLOYEE MERIT COMPENSATION POOL AT 6.5%, CONSISTING OF A 3.28% COST OF LIVING ADJUSTMENT (COLA) AND A 3.22% ALLOWANCE FOR MERIT INCREASES; AND MAINTAIN A 1.5% EMPLOYEE BONUS POOL FOR EXCEPTIONAL PERFORMANCE.

11.       Water Quality and Flood Protection Program Annual User Fee Rate FY 08-09 (McLean)
Recommendation: 1) Receive, review and file the independent Water Quality and Flood Protection Program Annual Report, dated June 4, 2008, prepared by the Oversight Committee for the storm drain program; 2) Conduct a public hearing pursuant to Health and Safety Code Section 5473.2 and Section 3.44.40 of the Rancho Palos Verdes Municipal Code on June 17, 2008 on the Annual Report prepared by Harris & Associates, the Annual Report prepared by the Oversight Committee and information provided by Staff, and determine whether to collect the Storm Drain User Fee (the “Fee”) for Fiscal Year 2008-09, and if so, the rate per Equivalent Residential Unit (“ERU”) for Fiscal Year 2008-09; 3) At the conclusion of the Public Hearing determine the existence or absence of a majority protest; 4) In the absence of a majority protest, Staff recommends that the Council determine that the rate per ERU for Fiscal Year 2008-09 shall be the maximum rate of $89.47 as set forth in the Annual Report, ADOPT RESOLUTION NO. 2008-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, FINALLY ADOPTING A REPORT, AS FILED, IN CONNECTION WITH THE STORM DRAIN USER FEE ESTABLISHED PURSUANT TO CHAPTER 3.44 OF THE RANCHO PALOS VERDES MUNICIPAL CODE; DETERMINING THE AMOUNT OF SUCH FEE FOR FISCAL YEAR 2008-09; AND ORDERING THAT SUCH FEE BE COLLECTED ON THE COUNTY OF LOS ANGELES TAX ROLL FOR FISCAL YEAR 2008-09; and, 5) In the event of a majority protest, direct Staff to present to Council at a subsequent Council meeting a resolution determining the amount of the Storm Drain User Fee for Fiscal Year 2008-09 and providing for an alternative method of collecting the Storm Drain User Fee for Fiscal Year 2008-09.

12.       Abalone Cove Sewer Maintenance Fee (Dragoo)
Recommendation: 1) Conduct the public hearing on the proposed levy of the annual sewer service charge for the Abalone Cove Sewer System for Fiscal Year 2008-09; and, 2) ADOPT RESOLUTION NO. 2008-__,  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING A REPORT IN CONNECTION WITH THE SEWER SERVICE CHARGE ESTABLISHED PURSUANT TO CHAPTER 13.06 OF THE RANCHO PALOS VERDES MUNICIPAL CODE, DETERMINING THE AMOUNT OF SUCH CHARGE FOR FISCAL YEAR 2008-2009, AND ORDERING THAT SUCH CHARGE BE COLLECTED ON THE TAX ROLL.

13.       Citywide Landscaping and Lighting Maintenance District (Bell)
Recommendation:  1) Conduct a public hearing on the proposed levy and collection of assessments within the Citywide Landscaping and Lighting Maintenance District for fiscal year 2008-09 and the Engineer’s Report prepared in connection therewith; 2) ADOPT RESOLUTION NO. 2008- _____, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES MAKING CERTAIN FINDINGS AND CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 2008-09 FISCAL YEAR IN CONNECTION WITH THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE.

14.       Appeal of View Restoration Permit No. 2007-00019 [Appellants: Dr. and Mrs. Ralph Allman – 5335 Rolling Ridge Road & Mr. and Mrs. Doug Trowbridge – 5333 Rolling Ridge Road] (Alvarez)
Recommendation:  ADOPT RESOLUTION NO. 2008-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, DENYING THE APPEALS AND AFFIRMING THE PLANNING COMMISSION’S DECISION, AS AMENDED TO INCLUDE TREE NO. 13, TO APPROVE VIEW RESTORATION PERMIT NO. 2007-00019 UPON FINDING THAT ALL APPLICABLE FINDINGS HAVE BEEN CORRECTLY MADE AND ALL PROVISIONS OF SECTION 17.02.040(C)(2) OF THE MUNICIPAL CODE HAVE BEEN COMPLIED WITH. 

15.       Review of the Proposed General Plan Housing Element Amendment (Schonborn)
Recommendation:  1) ADOPT RESOLUTION NO. 2008-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CERTIFYING A NEGATIVE DECLARATION FOR THE PROJECT; 2) ADOPT RESOLUTION NO. 2008-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING CASE NO. ZON2008-00149 A GENERAL PLAN AMENDMENT FOR THE CITY’S FINAL HOUSING ELEMENT; and 3) Direct staff to forward the City Council approved Final updated Housing Element to the California Department of Housing and Community Development for certification.

16.       Code Amendment to Municipal Code Chapter 17.11, “Affordable Housing,” Chapter 17.96, “Definitions,” and Chapter 15.20, “Moratorium on Land Use Permits” (Pfost)
Recommendation: 1) ADOPT RESOLUTION NO. 2008-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CERTIFYING A NEGATIVE DECLARATION FOR THE PROJECT; and 2) INTRODUCE ORDINANCE NO.__, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, FOR A CODE AMENDMENT THAT REVISES MUNICIPAL CODE CHAPTER 17.11, "AFFORDABLE HOUSING," CHAPTER 17.96, “DEFINITIONS,” AND CHAPTER 15.20, “MORATORIUM ON LAND USE PERMITS.”

PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:

REGULAR NEW BUSINESS:

17.       2008 Five-Year Financial Model (Downs)
Recommendation: 1) Receive and file the 2008 Five-Year Financial Model;
2) Based on the needs of the City and the analysis of revenues derived from the Utility Users Tax required by Municipal Code Section 3.30.190 annually, determine that the current Utility Users Tax rate of 3% continues to be a necessary General fund revenue source and the current rate of 3% should be maintained; and,
3) Based on the needs of the City and the analysis of revenues derived from the Golf Tax required by Municipal Code Section 3.40.140 every four years, determine that the current Golf Tax rate of 10% continues to be a necessary General fund revenue source and the current rate of 10% should be maintained.

18.       Los Angeles County Sheriff’s Contract (Petru)
Recommendation: 1) Authorize the Mayor to sign the FY 08-09 Services for the Peninsula Region (Rancho Palos Verdes, Rolling Hills, and Rolling Hills Estates); and, 2) Authorize the City Manager to sign the FY 08-09 Rancho Palos Verdes Deployment Survey with the Los Angeles County Sheriff’s Department.

19.       Establish an Ad Hoc Subcommittee (Audit Committee) and Mayor’s Appointment for 2008 (McLean)
Recommendation: 1) Establish an Ad-Hoc Subcommittee of the City Council to serve as an Audit Committee for 2008; 2) Mayor to appoint two City Council Members to serve on the Audit Committee for 2008; and 3) Provide direction to staff about whether to prepare an Audit Committee Scope and Purpose resolution to be considered by the City Council.

20.       Special Meeting for Joint City Council – Traffic Safety Commission Workshop (Lehr)
Recommendation: Schedule a Joint Workshop with the Traffic Safety Commission for Tuesday, July 29, 2008 (fifth Tuesday) to discuss Neighborhood Traffic Calming proposals, processes and funding.

21.       Appointment of Council Ad Hoc Subcommittee for Franchise Waste Hauling Contract (Lehr)
Recommendation:  Establish the Franchise Waste Hauling Contract Council Subcommittee and appoint two members of the City Council to serve on this ad hoc body.

22.       Groundbreaking Ceremony for McCarrell Canyon Storm Drain Project (Bell)
            Recommendation: Select a date for the groundbreaking ceremony. 

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.)

COUNCIL DISCUSSION & 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)

Potential Litigation:
            G.C. 54956.9(b)(1)(B)

A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below-described facts and circumstances, there is a significant exposure to litigation against the City Council:

Relating to the requests for public records by Mr. Brian Hildreth, including letters from Mr. Hildreth dated April 17, 2008 and May 19, 2008, copies of which 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.

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