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RANCHO PALOS VERDES CITY COUNCIL AGENDA, TUESDAY, AUGUST 6, 2013

AGENDA
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
AUGUST 6, 2013
FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD

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7:00 P.M. REGULAR SESSION                                

(30 mins) CALL TO ORDER:

ROLL CALL: NEXT RESOL. NO. 2013-49
  NEXT ORDINANCE NO. 547

FLAG SALUTE:

MAYOR’S ANNOUNCEMENTS: Happy Birthday to RPV’s Longest Living Resident, Bonita Zigrang; New Batch of Recycler of the Month Cards

RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:

APPROVAL OF AGENDA:

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

CITY MANAGER REPORT:  FEMA National Emergency Training - Earthquake Preparedness; California Joint Powers Insurance Authority (JPIA) Letter & Loss Control Action Plan; Cancellation of the August 20, 2013 Regular Council Meeting pending candidate filings

NEW BUSINESS: 

(15 mins) APPROVAL OF CONSENT CALENDAR:        

A. 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. 

B. Approval of Minutes (Morreale)
Recommendation: Approve the Minutes of the June 18, 2013 Regular Council Meeting; July 2, 2013 Regular Council Meeting; and July 16, 2013 Regular Council Meeting.

C. June 2013 Monthly Report of Cash Balances (McLean)
Recommendation:  Receive and file the June 2013 Monthly Report of Cash Balances for the City of Rancho Palos Verdes.

D. Payment of Parkland Dedication Fee Vesting Final Parcel Map No. 69928 (Schonborn)
Recommendation:  Accept, via Minute Order, the parkland dedication (Quimby) fee for Final Vesting Parcel Map No. 69929, pursuant to the City’s parkland dedication fee formula in the amount of $57,276.18.

E. Request for a Fee Waiver from Planning Application Fees for Two Projects Proposed by the Los Angeles County Sanitation Districts (Pfost)
Recommendation:  Find that the Los Angeles County Sanitation Districts’ proposed projects to install an emergency generator at its Abalone Cove Sewer Pumping Plant and address an exposed main trunk sewer line at the Trump National Golf Club site “provide a substantial benefit to the public” and, therefore, waive the planning application fees associated with each project.

F. Authorize Memoranda of Understanding with Peninsula Agencies for Development of the Enhanced Watershed Management Program in Compliance with the MS4 Permit (Supports 2013 City Council Goal 4, Public Infrastructure) (Winje)
Recommendation:  1) Approve a Memorandum of Understanding between the Peninsula Enhanced Watershed Management Program (EWMP) Agencies in order to begin collaborative work on the EWMP for the new stormwater quality MS4 permit requirements; 2) Approve a Memorandum of Understanding between the Peninsula Coordinated Integrated Monitoring Program (CIMP) Agencies in order to begin collaborative work on the CIMP for the new stormwater quality MS4 permit requirements; and, 3) Authorize the Mayor and City Clerk to execute the MOUs on behalf of the City.

G. Adopt a Resolution Setting Forth the City Council’s Approval of the Transfer of a 5.76 Acre Portion of Deane Dana Friendship Park from the County of Los Angeles to the City of Rancho Palos Verdes (Supports 2013 City Council Goal No. 2: San Ramon Canyon Project) (Dragoo)
Recommendation:  ADOPT RESOLUTION NO. 2013-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, MEMORIALIZING THE CITY COUNCIL’S APPROVAL OF THE TRANSFER OF A SMALL PORTION OF THE DEANE DANA FRIENDSHIP PARK FROM THE COUNTY OF LOS ANGELES TO THE CITY OF RANCHO PALOS VERDES, WHICH WAS AUTHORIZED PREVIOUSLY BY THE CITY COUNCIL ON JULY 16, 2013.

H. Register of Demands (McLean)
Recommendation:  ADOPT RESOLUTION NO. 2013-__, 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.

I. Palos Verdes Nature Preserve – Landowner Agreement for the Coastal Program Grant Application for Abalone Cove Reserve (Supports 2013 City Council Goal – Trail System Enhancement) [Note: Also on the Successor Agency agenda] (Mihranian)
Recommendation:  1) Authorize the Mayor to execute a Coastal Program Landowner Agreement between the City of Rancho Palos Verde (“CITY”), the Successor Agency to the Rancho Palos Verdes Redevelopment Agency (“SA”), the Palos Verdes Peninsula Land Conservancy (“PVPLC”), and the U.S. Fish and Wildlife Service (“Service”) for grant funds that support habitat restoration and trail enhancement at Abalone Cove Reserve, a subarea of the Palos Verdes Nature Preserve; and, 2) Authorize the City to contribute up to $1,000 if Staff work as in-kind services in support of this grant agreement.

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PUBLIC HEARINGS:

 (5 mins) 1. Adoption of Annual Conformance Resolution Certifying Compliance with the Los Angeles County Congestion Management Program (CMP) (Kim)
Recommendation:  ADOPT RESOLUTION NO. 2013-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY ADOPTING THE CITY’S 2013 LOCAL DEVELOPMENT REPORT (LDR) AND SELF-CERTIFYING THE CITY’S CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) FOR LOS ANGELES COUNTY.

(30 mins)  2. Adoption of Addendum No. 6 to a Negative Declaration for Ordinance No. 510 and Introduction of an Ordinance to amend Rancho Palos Verdes Municipal Code (RPVMC) Chapter 17.76.030(F) – Arterial Walls and Fences (Case No. ZON2012-00355) (Rojas/Harwell)
Recommendation:  1) ADOPT RESOLUTION NO. 2013-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING ADDENDUM NO. 6 TO THE NEGATIVE DECLARATION FOR ORDINANCE NO. 510, FOR A CODE AMENDMENT TO RPVMC SECTION 17.76.030(F) OF THE CITY’S DEVELOPMENT CODE; 2) INTRODUCE ORDINANCE NO. ___, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING RPVMC  SECTION 17.76.030(F), THEREBY REQUIRING PRIVATELY OWNED REAR AND STREET SIDE YARD WALLS OR FENCES THAT NEED TO BE REPAIRED AND/OR REPLACED BY THE PROPERTY OWNER MATCH THE PRE-EXISTING AND ADJOINING WALL OR FENCE THAT ABUTS THE ADJACENT STREET, WITH THE EXCEPTION OF CHAIN LIKE FENCING WHICH MUST BE REPLACED WITH A CITY APPROVED MATERIAL OR NEW UNIFORM TRACT FENCING/WALLS PROPOSED BY A HOMEOWNERS ASSOCIATION OR NEIGHBORHOOD, AND ADD WESTERN AVENUE TO THE LIST OF ARTERIAL STREETS UNDER SECTION 17.76.030(F)(5) (CASE NO. ZON2012-00355); and, 3) Direct Staff to bring back for discussion at a future City Council meeting the Planning Commission’s recommendation that the Council facilitate the installation of irrigation and landscaping within the City’s public right-of-ways to help screen the patchwork of existing walls and fences along the City’s arterials.

(30 mins) 3. Water Quality and Flood Protection Program – Annual User Fee Rate – FY13-14 (Supports 2013 City Council Goal for Public Infrastructure) [Continued from July 16, 2013] (Jones/McLean)
Recommendation:  1) Receive a staff presentation regarding the Water Quality and Flood Protection Program, including Staff’s answers to questions raised by the City Council at its meeting on July 16, 2013; 2) Receive, review and file the independent 2013 Annual Report on the Water Quality and Flood Protection Program prepared by the Oversight Committee for the storm drain program, dated May 29, 2013; 3) 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 August 6, 2013 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 FY13-14, and if so, the rate per Equivalent Residential Unit (“ERU”) for FY13-14; 4) At the conclusion of the Public Hearing determine the existence or absence of a majority protest; 5) In the absence of a majority protest, Staff recommends that the Council determine that the rate per ERU for FY13-14 shall be $96.27 as set forth in the Annual Report, ADOPT RESOLUTION NO. 2013 -__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, FlNALLY 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 FY13-14; AND ORDERING THAT SUCH FEE BE COLLECTED ON THE COUNTY OF LOS ANGELES TAX ROLL FOR FY13-14; and, 6) In the event of a majority protest, direct Staff to present to City Council at a subsequent meeting a resolution determining the amount of the Storm Drain User Fee for FY13-14 and providing for an alternative method of collecting the Storm Drain User Fee for
FY13-14.

REGULAR BUSINESS:

(5 mins) 4. Finance Advisory Committee Proposed 2013-14 Work Plan (Downs)
Recommendation:  Approve the proposed 2013-14 Work Plan for the Finance Advisory Committee.

(30 mins)  5. Border Issues Status Report (Fox)
Recommendation: 1) Receive and file the current report on the status of Border Issues; and, 2) ADOPT RESOLUTION NO. 2013-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, EXPRESSING AN OFFICIAL CITY COUNCIL POSITION OPPOSING THE CURRENT PONTE VISTA PROPOSAL.

ATTACHMENTS:
Draft Resolution No. 2013-_
Revised notice for Ponte Vista hearing (received 7/8/13)

• Excerpts from FEIR for Ponte Vista project

o Introduction (Section I)
o Response to Comments - Topical Responses (Section Ill.A)
o Response to Comments - Rancho Palos Verdes (Section 111.B)
o Corrections and Additions to Draft EIR (Section IV)
o Mitigation Monitoring and Reporting Program (Section V)

NWSPNC Planning & Land Use Committee agenda (dated 7/1/13)

• Comments on Ponte Vista project and FEIR:

o Rancho Palos Verdes
o NWSPNC
o R Neighborhoods R1
o E-mail from Barbara Velez

Daily Breeze article regarding Ponte Vista project (published 7/29/13)
Public hearing agenda for Ponte Vista project (dated 7/30/13)
Revised NOP for Los Angeles County General Plan Update (received 6/27/13)
City comments on NOP for Los Angeles County General Plan Update (dated 7/26/13)
Letters to Councilman Buscaino, Congresswoman Hahn and CongressmanWaxman regarding Rancho LPG facility (dated 6/18/13)
Letter from Congresswoman Hahn to EPA regarding Rancho LPG facility (dated 7/10/13)
Letter from Congressman Waxman to OHS regarding Rancho LPG facility (dated 7/31/13)
E-mails regarding Rancho LPG facility (miscellaneous dates)
Notice of FPEIR for Port Master Plan Update (received 7/26/13)

• Excerpts from FPEIR and Port Master Plan Update:

o Introduction
o Response to City comments on FPEIR
o Response to City comments on Port Master Plan Update

(30 mins)  6. Ordinance No. 546 to Amend Rancho Palos Verdes Municipal Code Chapter 17.76.030 – the Processing of Fence, Wall and Hedge Permits) (Case No. ZON2012-00346) (Rojas/Harwell)
Recommendation:  Review Staff’s proposal to add a streamlining component to the Fence, Wall and Hedge Permit process that would reduce fees for some applicants and if acceptable, remand Ordinance No. 546 back to the Planning Commission to obtain the Commission’s feedback on the additional code language.

(10 mins) 7. Purchase of Tax-Defaulted Properties in the Cherry Hill Lane Area (Fox)
Recommendation:  Authorize the Mayor and City Clerk to sign an Agreement to Purchase Tax-Defaulted Property with the Los Angeles County Treasurer and Tax Collector for two (2) vacant parcels located in the vicinity of Cherry Hill Lane in the Portuguese Bend Landslide area.

(10 mins)  8. Senate Bill No. 556 - Corbett (Brooks)
Recommendation: Take a formal City Council position opposing Senate Bill No. 556 (Corbett).

(5 mins)   FUTURE AGENDA ITEMS: (This section of the agenda is designated for individual Council Members to request that an item be placed on a future City Council meeting agenda.) 

(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)

Conference with Real Property Negotiators
       G.C. 54956.8

Potential purchase of open space:

Property: 16.25 acres of open space comprised of APN 7578-003-004 and APN 7578-003-007 in Malaga Canyon

City Negotiators:  Community Development Director Rojas and City Attorney Lynch

Negotiating Parties:  Ya Yi May and Julie Pun

Under Negotiation:  Price and Terms of Payment

Conference with Legal Counsel

Existing Litigation:
G.C. 54956.9(a)

Name of Case: Andrea Joannou, Trustee of the Andrea Joannou Trust of 2004;
25 Oak, LLC, a California limited liability company v. Orphan Homes at 40 and 41 Cherryhill Lane, Rancho Palos Verdes, et al., Los Angeles County Superior Court.  Case No. BC445457.

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.