RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING

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. 2008-73
                                                                                                NEXT ORDINANCE NO. 477
FLAG SALUTE:                                                      

MAYOR’S ANNOUNCEMENTS:  Recognition of Volunteers - Forrestal Fence Removal

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: Cool Cities Program; Announcement of Mobile Source Air Pollution Reduction Grant Award

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 July 1, 2008 Adjourned Regular Meeting and July 15, 2008 Special Meeting. 

3.         Claim Against the City by Dorian B. Dunlavey (Gyves)
Recommendation:  Reject the claim and direct staff to notify the claimant.

4.         Claim Against the City by Carl Muchnick (Gyves)
Recommendation:  Reject the claim and direct staff to notify the claimant.

5.         Award of Professional Services Agreement to Update the City’s Sewer System Master Plan (Dragoo)
Recommendation: 1) Authorize the award of a Professional Services Contract to Dudek and Associates, Inc. to update the Sanitary Sewer Master Plan in the not to exceed amount of $122,000; and, 2) Authorize the Mayor and City Clerk to execute the Professional Services Agreement with Dudek and Associates, Inc.

6.         Adoption of Ordinance No. 476 Prohibiting Reckless Use of Trails within the Palos Verdes Nature Preserve (Mihranian)
            Recommendation: ADOPT ORDINANCE NO. 476,  AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, PROHIBITING RECKLESS USE OF TRAILS WITHIN THE PALOS VERDES NATURE PRESERVE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.

7.         Traffic Safety Commission Mission Statement, Size of Membership, and Frequency of Meetings (Motahari/Bell)
Recommendation: ADOPT RESOLUTION NO. 2008-__, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
ESTABLISHING THE TRAFFIC SAFETY COMMISSION MISSION
STATEMENT, SIZE OF MEMBERSHIP, AND FREQUENCY OF MEETINGS.

8.         Item removed from the Agenda.

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.       Appeals of View Restoration Permit No. 2006-00007 [Foliage Owners/ Appellants: Mr. & Mrs. Liehr, 3067 Crest Road; Dr. & Mrs. Wyman, 3069 Crest Road; Mr. & Mrs. O’Melveny, 3071 Crest Road] (Alvarez) [Continued from July 15, 2008]
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 MODIFIED, TO APPROVE VIEW RESTORATION PERMIT NO. 2006-00007 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. 

11.       Appeal of a Height Variation, Site Plan Review and Grading Permit (Case No. ZON2008-00040) at 5335 Rolling Ridge Road (Kim)
Recommendation: ADOPT RESOLUTION NO. 2008-__, 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 AN APPLICATION TO CONSTRUCT A NEW  7,067.46ft² TWO-STORY RESIDENCE WITH A 1,229.59ft² ATTACHED GARAGE.

PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:

REGULAR NEW BUSINESS:

12.       2008 Organizational Assessment Final Report - Recommendations Matrix
     
Recommendation: Review the matrix of recommendations from the February 2008 Organizational Assessment Final Report and provide staff with further direction.

13.       Overnight Parking Restrictions of All Vehicles Including Oversized Vehicles (Dragoo)
Recommendation: 1) Consider Analysis Alternatives 1, 2 and 3 as outlined in the Analysis section and provide staff with direction as to which alternative to proceed with; and, 2) Provide other direction as may be appropriate.

14.       Proposed Temporary Program for Penalty Fee Waiver (Peterson)
Recommendation: Provide staff with direction as to the implementation of a temporary program for waiving penalty fees.

15.       City Council Rules of Procedure (Petru)
Recommendation: ADOPT RESOLUTION NO. 2008-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING THE CITY COUNCIL RULES OF PROCEDURE REGARDING THE PLACEMENT OF ITEMS ON A FUTURE CITY COUNCIL 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.)

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. 

Based on Government Code Section 54954.5

(All Statutory References are to California Government Code Sections)

Conference with Legal Counsel

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:

Based on the letter dated May 8, 2008 that was presented to the City Council on behalf of the Portuguese Bend Club Homeowners Association at the May 10, 2008 City Council Meeting/Budget Workshop and a telephone conversation on August 5, 2008, between the City Attorney and the Portuguese Bend Club legal counsel, Timi Hallem.  A copy of the letter and the City Attorney’s memorandum are on file in the City Clerk’s Office.

(Number of Potential Cases – 1)

Potential Litigation:
            G.C. 54956.9(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:

Based on a threat of litigation received from Andrea Joannou on January 9, 2008 regarding 40 Cherry Hill in a meeting with City Manager Lehr, City Attorney Lynch and Director of Planning, Building and Code Enforcement Rojas.  A copy of the memorandum from the City Attorney documenting the threat of litigation that was made is on file in the City Clerk’s Office.

(Number of Potential Cases – 1)

Existing Litigation:
G.C. 54956.9(a)

The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation:

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

Existing Litigation:
G.C. 54956.9(a)

The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation:
           
Name of Case:   People of the State of California, et al. v. James T. Spiropoulos, et al., Los Angeles County Superior Court.  Case No. YC056412.

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.  

Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter of the lobby of the City Hall Administration Building at 30940 Hawthorne Boulevard, Rancho Palos Verdes during normal business hours.

You can also view the agenda and staff reports at the City’s website www.palosverdes.com/RPV.