DISCLAIMER

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.

...end of disclaimer...
How City Council Meetings Are Conducted

RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING

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Time Estimates:  The time noted next to an agenda item is only an estimate of the amount of time that will be spent during the meeting on that particular item.  Accordingly, these estimates should not be relied on in determining when a matter will be heard, especially since agenda items are often re-ordered during a meeting and may be discussed at any time.
                                   
6:00 P.M.       CLOSED SESSION: SEE ATTACHED BROWN ACT CHECK LIST FOR DETAILS.

7:00 P.M.       REGULAR SESSION                                

(20 mins) CALL TO ORDER:

ROLL CALL:

                                                                                                         NEXT RESOL. NO. 2009-76

                                                                                                         NEXT ORDINANCE NO. 501
FLAG SALUTE:                 

CEREMONIAL:  Presentation of City tiles to former PUMP Committee Members

MAYOR’S ANNOUNCEMENTS:  Mayor’s RPV Heroes Program:  Anne Kienberger; George and Barbara Gleghorn
 
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:  Status Report Regarding Power Outages in the Berryhill/Via Victoria Neighborhood

NEW BUSINESS: 

(5 mins) 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 August 29, 2009 Special Meeting; September 12, 2009 Adjourned Regular Meeting; September 15, 2009 Adjourned Regular Meeting (Interviews); and, the September 15, 2009 Regular Meeting.
                                        
3.         Update of the Finance Advisory Committee Work Plan (Singer)
Recommendation:  Approve the revised 2009-2010 Finance Advisory Committee Work Plan to include the review of the General Plan Fiscal Element.         

4.         Appeal of Planning Case Nos. ZON2008-00326 and SUB2008-00004 (Coastal Permit and Lot Line Adjustment): Request to Overturn the Planning Commission’s Denial of an Appeal of the Hearings Officer’s Approval of a Coastal Permit and Lot Line Adjustment Involving Properties Located at 3 Yacht Harbor Drive and 4194 Maritime Road (Fox)
Recommendation:  ADOPT RESOLUTION NO. 2009-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY UPHOLDING THE APPEAL AND OVERTURNING THE PLANNING COMMISSION’S ACTION UPHOLDING THE HEARINGS OFFICER’S CONDITIONAL APPROVAL OF THE REQUESTED LOT LINE ADJUSTMENT AND COASTAL PERMIT (PLANNING CASE NOS. ZON2008-00326 & SUB2008-00004).

5.         Adoption of Ordinance No. 500 - City Council Salary In Lieu of the Current Monthly Expense Reimbursement (Lynch)
Recommendation: ADOPT ORDINANCE NO. 500, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CODIFYING THE COMPENSATION POLICY FOR REIMBURSEMENT OF CITY COUNCIL MEMBERS’ EXPENSES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.

6.        Appointment of Board Members to the Ridgecrest Ranchos Recreation and Park District Board (Morreale)
Recommendation: Appoint John Polen, Tom Carter, and Joyce Huppert to the Ridgecrest Ranchos Recreation and Park District Board until December 2013.

7.        Appointment of Board Members to the Klondike Canyon Geologic Hazard Abatement District Board (Morreale)
Recommendation: Appoint Dennis Jaconi, Gail Lovrich, and Senior Engineer Ron Dragoo each to a full four-year term of office on the Klondike Canyon Geologic Hazard Abatement District Board until September 2013.

8.       Transfer Agreement with the County of Los Angeles for a Remainder Parcel at Robert E. Ryan Park (Petru)
Recommendation: Authorize the Mayor and City Clerk to execute the Transfer Agreement with the County of Los Angeles to transfer a remainder parcel associated with Robert E. Ryan Park to the City of Rancho Palos Verdes.

9.         Register of Demands (McLean)
Recommendation:  ADOPT RESOLUTION NO. 2009-__, 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:

(1 hour)    10.       Appeal of the Planning Commission’s Approval of Case No. ZON2007-00253, a Revised Interpretation Regarding the Coastal Setback Line on Properties in the City’s Coastal Zone (Schonborn)

Attachment: Conroy Submissions

Recommendation: 1) ADOPT RESOLUTION NO. 2009-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION’S REVISED INTERPRETATION THAT DUE TO THE VARIATION IN THE LOCATION OF THE COASTAL SETBACK LINE ON DIFFERENT CITY MAPS, UNTIL THE ISSUE CAN BE FURTHER CLARIFIED, THE LOCATION OF THE COASTAL SETBACK LINE ON INDIVIDUAL PROPERTIES IN THE COASTAL ZONE SHALL BE BASED ON A SITE-SPECIFIC GEOLOGY STUDY AND THE COASTAL SPECIFIC PLAN LAND USE MAP; 2) Initiate a Code Amendment to clarify that the City’s ESA Maps are the maps that are to be used in determining the location of the Coastal Setback Line on individual properties; and, 3) ADOPT URGENCY ORDINANCE NO. ___, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, ESTABLISHING A MORATORIUM ON THE ACCEPTANCE, PROCESSING AND APPROVAL OF NEW OR PENDING APPLICATIONS FOR COASTAL PERMITS, AND DECLARING THE URGENCY THEREOF.

PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:

REGULAR NEW BUSINESS:

(30 mins)  11.       Appeal of the Planning Commission’s Approval of Case No. ZON2007-00046, (Variance and Coastal Permit) for property located at 24 Sea Cove Drive (Schonborn)
Recommendation: The outcome of the Interpretation hearing regarding Case No. ZON2007-00253 will determine adoption of one of the following recommendations:
A) If the recent Interpretation is approved, and the Variance is no longer required for the pool, spa and outdoor fireplace, and only the Coastal Permit is necessary, then the City Council can approve the Coastal Permit for these after-the-fact improvements provided that the public hearing for this item is re-noticed to a subsequent City Council meeting for consideration by the Council.
B) If the Director's June 21, 2007 Interpretation, which is based on the ESA Maps, is approved, then the Variance and Coastal Permit continue to be required for the pool, spa and outdoor fireplace, and if the Council wishes to re-consider the merits of the Variance and Coastal Permit then continue this item to a date to be determined and re-notice the public hearing.
C) If the Variance and Coastal Permit continue to be required for the pool, spa and outdoor fireplace, and the Council wishes to memorialize its June 2, 2009 decision denying those applications, then adopt the attached Resolution which memorializes the City Council's June 2, 2009 decision to deny the Variance.

(10 mins)  12.       Proposition 1A Securitization Program (Singer)
Recommendation: ADOPT RESOLUTION NO. 2009-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER’S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; and, 2) Approve Purchase and Sale Agreement.

(15 mins) 13.       Pavement Management System Update Report (Jules)
Recommendation: Receive and file the FY08-09 Pavement Management System update report.

(15 mins)  14.       August 27, 2009 Portuguese Bend Fire - Lessons Learned (Gyves)
Recommendation: Receive and file.

(10 mins)  15.       Planning Case No. ZON2009-00314 (Code Amendment Initiation Request): A Request to Consider Initiating a Code Amendment to Revise the City’s Exotic Animal Keeping Regulations (Fox)
Recommendation: Unless otherwise directed by the City Council, receive and file the Staff report and take no action to initiate a Code Amendment to revise the City’s Exotic Animal Permit regulations.

16.       Item Removed from the Agenda

(15 mins)  17.       Palos Verdes Nature Preserve – Palos Verdes Peninsula Land Conservancy Annual Management Report (Mihranian) 
Recommendation: Receive and file the Palos Verdes Peninsula Land Conservancy’s 2007-2008 Annual Report on managing the City’s Palos Verdes Nature Preserve.

(20 mins)  18.       Explore an Improved Control of Portuguese Bend Landslide (Dyda)
Recommendation: 1) Direct the City staff to determine the merits of the following: a) An approach to intercept the water before it gets into the slide; and, b) An approach to reduce the surf zone impact on the toe of the slide; and,
2) Add to the Capital Improvement Program a long-term process to do the engineering necessary to implement the above should it be determined to have sufficient merit. 

(15 mins)  19.       Future Agenda Items – Status Update and Request for Direction (Lehr)
Recommendation: Provide further direction to staff as may be consistent with staff recommendations.

(10 mins)     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.)

(5 mins)    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)

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.

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 in a letter from Brant H. Dveirin, attorney for Mr. and Mrs. Conroy, dated June 10, 2009.  A copy of the letter from Brant H. Dveirin documenting the threat of litigation is 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.  

Written materials, including emails, submitted to the City are public records and may be posted on the City’s website.  In addition, City meetings may be televised and may be accessed through the City's website.  Accordingly, you may wish to omit personal information from your oral presentation or written materials as it may become part of the public record regarding an agendized item.

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.