RANCHO PALOS VERDES CITY COUNCIL AGENDA , July 20

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RANCHO PALOS VERDES CITY COUNCIL AGENDA , July 20


AGENDA
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING

JULY 20, 2010
FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD

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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                                

15 mins) CALL TO ORDER:         
ROLL CALL:  NEXT RESOL. NO. 2010-60 
  NEXT ORDINANCE NO. 512
                                                   

FLAG SALUTE:                  

MAYOR’S ANNOUNCEMENTS:  Announcement of APA Special Award of Merit for Planning Excellence in Implementation – Small Jurisdiction for Terranea Project

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:  Overview of Enhanced Recreation Programming; Update on San Ramon Canyon Stabilization Project

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 May 22, 2010 Adjourned Regular Meeting/Budget Workshop.

3.         Notice of Completion for the Residential Street Overlay and Slurry Seal (Area 6 and a Portion of Area 8), Median Modification and Median Landscape Improvement Projects (Vaish)
Recommendation: 1) Accept the work as complete; 2) Authorize the City Clerk to file a Notice of Completion with the LA County Registrar-Recorder Office; and if no claims are filed within 35 days after recordation, and upon the contractor posting an acceptable warranty bond, notice the surety company to exonerate the Payment and Performance bonds; and, 3) Authorize the Director of Public Works to release the 10% retention payment, in the amount of $144,793.51 to All American Asphalt, Inc., 35 days after recordation of the Notice of Completion by the County Recorder contingent upon no claims being filed on the project and the contractor posting an acceptable warranty bond.

4.         Notice of Completion for the Arterial Street Resurfacing Project: ESPL-5413(010) (Vaish)
Recommendation: 1) Accept the work as complete; 2) Authorize the City Clerk to file a Notice of Completion with the LA County Registrar-Recorder Office and if no claims are filed within 35 days after recordation, and upon the contractor posting an acceptable warranty bond, notice the surety company to exonerate the Payment and Performance bonds; and, 3) Authorize the Director of Public Works to release the 10% retention payment in the amount of $203,683.95 to All American Asphalt, Inc., 35 days after recordation of the Notice of Completion by the County Recorder contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond.

5.         Notice of Completion for City Hall Campus Generator System Installation Project (Motahari)
Recommendation: 1) Accept the work as complete; 2) Authorize the City Clerk to file a Notice of Completion with the County Recorder; and if no claims are filed within 35 days after recordation, and upon the contractor posting an acceptable warranty bond, notice the surety company to exonerate the Payment and Performance bonds; and, 3) Authorize the Director of Public Works to release the 10% retention payment in the amount of $23,824.80 to Unique Performance Construction Inc. 35 days after recordation of the Notice of Completion by the County Recorder contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond.

6.         City of Rancho Palos Verdes Accessibility Self-Evaluation and Transition Plan (Motahari)
Recommendation: 1) Award contract to BOA Architecture to provide a Citywide Accessibility Self-Evaluation and Transition Plan in the amount not to exceed $73,812 with an allowance of $15,000 for unforeseen items of work which may be added to the scope of work, for a total of $88,812; and, 2) Authorize the Mayor and the City Clerk to execute the contract with BOA Architecture. 

7.         Register of Demands (McLean)
Recommendation:  ADOPT RESOLUTION NO. 2010-__, 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.

7A.      Used Oil Payment Program (Holland)
Recommendation: ADOPT RESOLUTION NO. 2010-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AUTHORIZING THE SUBMITTAL OF A USED OIL PAYMENT PROGRAM APPLICATION TO THE CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ANY AGREEMENTS, CONTRACTS, AND REQUESTS FOR PAYMENT AS NECESSARY TO IMPLEMENT THE PROGRAM, UNTIL RESCINDED.

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PUBLIC HEARINGS:

(30 mins) 8.         Proposed View Restoration and Preservation Guideline Revisions (Alvarez)
Recommendation: ADOPT RESOLUTION NO. 2010-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY APPROVING A NUMBER OF MINOR AMENDMENTS TO CLARIFY THE CITY’S VIEW RESTORATION AND PRESERVATION GUIDELINES AND PROCEDURES. 
           
(5 mins)    9.         Conformance with the 2010 Annual Los Angeles County Congestion Management Program (CMP) (Kim)
Recommendation: ADOPT RESOLUTION NO. 2010-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY ADOPTING THE CITY’S 2010 LOCAL DEVELOPMENT REPORT (LDR) AND SELF-CERTIFYING THE CITY’S CONFORMANCE WITH THE 2004 CONGESTION MANAGEMENT PROGRAM (CMP) FOR LOS ANGELES COUNTY.

PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:

REGULAR NEW BUSINESS:

(30 mins)              10.       Proposed Stadium Lighting at Palos Verdes Peninsula High School (Fox)
Recommendation: Receive this report on a proposal to add lighting to the existing stadium at Palos Verdes Peninsula High School, and provide direction to Staff as deemed appropriate.

(10 mins) 11.       Planning Case No. ZON2010-00223 (Code Amendment Initiation Request): A
Request to Consider Initiating a Clean-Up Code Amendment to Correct the Omission of Specific Plan District VII from Chapter 17.38 (Specific Plan Districts) of the Development Code (Fox)

Recommendation: Receive the request from Staff to initiate a Code Amendment to clean up an omission in Chapter 17.38 (Specific Plan Districts) of the Rancho Palos Verdes Development Code (RPVDC), and provide direction as deemed appropriate.

(20 mins) 12.        Initiation Request to Amend Conditional Use Permit No. 68 (Lunada Point – Tract No. 40640) (ZON2010-00185) (Trester)
Recommendation: Authorize Staff to process an amendment to Conditional Use Permit (CUP) No. 68 that would modify the existing conditions in the CUP regarding foliage height to be consistent with the provisions of the City’s View Restoration process.

(45 mins) 13.        Resolution Opposing Marymount College Initiative (Stern/Misetich)
Recommendation: COUNCILMAN MISETICH AND COUNCILMAN STERN RECOMMEND THE ADOPTION OF RESOLUTION NO. 2010-__, A RESOLUTION OF THE CITY OF RANCHO PALOS VERDES CITY COUNCIL TAKING A POSITION IN OPPOSITION TO THE MARYMOUNT INITIATIVE CERTIFIED FOR THE NOVEMBER 2, 2010 BALLOT.

(10 mins)              14.       Amendments to Administrative Penalty Ordinance and Resolution Establishing the Administrative Penalty Citation Schedule (Odom/Lynch)
Recommendation: 1) INTRODUCE ORDINANCE NO. ___, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING CHAPTER 1.08 (GENERAL PENALTY) AND CHAPTER 1.16 (ADMINISTRATIVE PENALTIES) OF TITLE 1 (GENERAL PROVISIONS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO THE ADMINISTRATIVE CITATION ORDINANCE; and, 2) ADOPT RESOLUTION NO. 2010-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,  ESTABLISHING ADMINISTRATIVE PENALTIES AND AMENDING THE ADMINISTRATIVE CITATION PENALTY SCHEDULE FOR CERTAIN VIOLATIONS OF THE RANCHO PALOS VERDES MUNICIPAL CODE.

(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.)

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:         VH Property Corp. and VHPS LLC v. City of Rancho Palos Verdes, et al., Los Angeles County Superior Court.  Case No. BC404048.

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; and based on a threat of litigation received in a letter from Douglas W. Beck, Esq. dated February 25, 2009.  A copy of the memorandum from the City Attorney documenting the threat of litigation and a copy of the letter from Douglas W. Beck, Esq. 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 in a letter dated January 19, 2010, to City Attorney Carol Lynch from Richard C. Greenberg of Greenberg, Whicombe & Takeuchi, LLP, a copy of which is on file in the City Clerk's office.

Number of Potential Cases (2)

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.