CC AGD 20090616k2! 'NHO PALOS VERDES
AGENDA
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JUNE 16, 2009
FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD
REMOTE SITE:
3115 Martingale Drive
Rancho Palos Verdes, California 90275
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
(10 mins) CALL TO ORDER:
ROLL CALL:
FLAG SALUTE:
NEXT RESOL. NO. 2009 -36
NEXT ORDINANCE NO. 491
CEREMONIAL: Retirement Announcement — Maintenance Superintendent Larry Still
MAYOR'S ANNOUNCEMENTS: Mayor's RPV Heroes Program — Aviation Survival
Technician 2nd Class Mitch Latta; Aviation Survival Technician 3rd Class Gabe
Humphrey; and, Avionics Electrical Technician Brad Young; Introduction of Los Angeles
County Sheriff Chief Rhambo
RECYCLE DRAWING:
APPROVAL OF AGENDA:
PUBLIC COMMENTS: (This section of the agenda is for audience comments for items NOT on the
agenda.)
30940 Hawthorne Boulevard / Rancho Palos Verdes, CA 90275 -5391 / (310) 544 -5208 / Fax (310) 544 -5291
www.palosverdes.com/rpv
CITY MANAGER REPORT:
NEW BUSINESS:
(5 mins) APPROVAL OF CONSENT CALENDAR:
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 7, 2009 Regular Meeting.
3. Contract for Citywide Fuel Modification FY08 -09 (Motahari)
Recommendation: Approve amendment to the contract with Ranchito Tivo Boer
Goats to perform brush clearance for fuel modification.
4. Notice of Completion for the FY 2008 -2009 Sidewalk Repair Program (Vaish)
Recommendation: 1) Accept the work as complete; 2) Authorize the City Clerk
to file a Notice of Completion with the County Recorder's Office and, if no claims
are filed 35 days after recordation, notify 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 $32,743.20 to
CJ Construction, Inc. 35 days after recordation of the Notice of Completion by
the County Recorder's Office contingent upon no claims being filed on the
project and the contractor posting an acceptable warranty bond.
5. Amendment to the Community Development Block Grant (CDBG) Program
Pursuant to the American Recovery and Reinvestment Act (ARRA) of 2009
(Huey)
Recommendation: 1) Approve the proposed Community Development Block
Grant - Recovery Act (CDBG -R) project and budget; and, 2) ADOPT
RESOLUTION NO. 2009 -_, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, TO AMEND THE CITY'S COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM PURSUANT TO THE AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009.
6. Memorandum of Understanding with the City of Los Angeles related to the
Justice Assistance Grant (JAG) for Law Enforcement Services (Petru)
Recommendation: Authorize the Mayor and City Clerk to execute the
Memorandum of Understanding with the City of Los Angeles for the Justice
Assistance Grant.
7. Extension to Lease Agreements with Verizon Wireless and New Cingular
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June 16, 2009
Page 2 of 8
Wireless Associated with the Monopole at City Hall (Petru)
Recommendation: 1) Approve the Fourth Amendment to the Lease Agreement
with Verizon Wireless to extend the term of the agreement to June 30, 2014;
and, 2) Approve the Second Amendment to the Lease Agreement with New
Cingular Wireless to extend the term of the agreement to June 30, 2014.
8. Award of Contracts for On -Call Professional Services (Dragoo)
Recommendation: 1) Authorize awarding a three -year contract for on -call
professional services to: Adams Consulting Engineers; AEI Consultants; AMEC
Earth & Environmental, Inc.; BOA Architecture; Bureau Veritas; CBM Consulting,
Inc.; Charles Abbott Associates, Inc.; DMc Engineering; Dudek & Associates;
Group Delta Consultants; Harris & Associates; Helix Environmental, Inc.; Huitt-
Zollars; Hunter Kennedy & Associates; John David Cicchetti; John M. Cruikshank
Consultants, Inc.; John L. Hunter & Associates; KDM Meridian; Kleinfelder
Consultants, Inc., Lenocker & Associates; Merit Municipal Engineering Services;
Nobel Systems; PBS &J; PVPLQ RBF Consulting; SA Associates, The Traffic
Solution; Tran Systems; Willdan; and Zieser Kling; and, 2) Authorize the
expenditure of funds with each of these firms within budget limitations, with a not
to exceed amount of up to $25,000 for any single project.
9. Palos Verdes Drive East Interim Safety Improvements Grant Application Update
(Jules)
Recommendation: Receive and file the 2008 Highway Safety Improvements
Program (HSIP) Grant Application update for the Palos Verdes Drive East
Interim Safety Improvements project.
10. Adoption of Ordinance No. 489, an Ordinance of the City of Rancho Palos
Verdes, Amending Chapter 5.24 (Massage Establishments and Technicians) of
the City's Municipal Code (Gyves)
Recommendation: ADOPT ORDINANCE NO. 489, AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES, AMENDING CHAPTER 5.24 (MASSAGE
ESTABLISHMENTS AND TECHNICIANS) OF THE CITY'S MUNICIPAL CODE.
11. City Investment Policy - FY09 -10 (Singer)
Recommendation: Adopt and file the FY09 -10 Investment Policy for the City of
Rancho Palos Verdes.
12. 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: ADOPT RESOLUTION NO. 2009 -_, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
UPHOLDING THE APPEAL AND OVERTURNING THE PLANNING
COMMISSION'S CONDITIONAL APPROVAL OF CASE NO. ZON2007- 00046,
THEREBY DENYING CASE NO. ZON2007 -00046 FOR A COASTAL PERMIT
City Council Agenda
June 16, 2009
Page 3 of 8
AND VARIANCE.
13. 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.
PUBLIC HEARINGS:
(5 mins) 14. Citywide Landscaping and Lighting Maintenance District (Huey)
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 2009 -10 and the Engineer's Report
prepared in connection therewith; and, 2) ADOPT RESOLUTION NO. 2009 -_,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, MAKING CERTAIN FINDINGS AND CONFIRMING A DIAGRAM AND
ASSESSMENT FOR THE 2009 -10 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.
(30 mins) 15. Zone Text Amendment to the Commercial Limited (CL) Zoning District (Case No.
ZON2009- 00034) [Continued from May 5, 2009] (Schonborn)
Recommendation: Consider the Planning Commission's recommendation to not
make all uses in the CL Zone conditional uses, and instead amend Chapter
17.14 of Title 17 to delete certain conditionally permitted uses listed in Section
17.14.030 of the City's Municipal Code.
(60 mins) 16. Appeal of the Planning Commission's Denial of Case No. ZON2008 -00091 for a
General Plan Amendment and Zone Change for Property Located at 28103
Hawthorne Boulevard (Valero Gas Station Site) [Continued from May 5, 2009]
(Schonborn)
Recommendation: ADOPT RESOLUTION NO. 2009 -_, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, DENYING
THE APPEAL AND AFFIRMING THE PLANNING COMMISSION'S DENIAL OF
CASE NO. ZON2008 -00091 FOR A GENERAL PLAN AMENDMENT AND ZONE
CHANGE FOR PROPERTY LOCATED AT 28103 HAWTHORNE BOULEVARD
(VALERO GAS STATION SITE).
(60 mins) 17. Draft City Budget for Fiscal Year 2009 -2010 [Continued from June 2, 2009]
(Petru)
Recommendation: 1) Provide staff with direction regarding the General Fund
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June 16, 2009
Page 4 of 8
Decision Matrix, with the goal of establishing a "balanced" or "near- balanced"
budget for FY 09 -10; and, 2) Select a date in late July 2009 to conduct a Core
City Services Workshop to enable City Council and staff to re- assess City
programs, projects and services in light of expected reduced revenues.
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
(5 mins) 18. Terranea Resort - Request for Financial Assistance Using Future Transient
Occupancy Tax Revenue — Ordinance No. 490 (McLean)
Recommendation: REINTRODUCE ORDINANCE NO. 490, AN ORDINANCE
OF THE CITY OF RANCHO PALOS VERDES, ESTABLISHING A HOTEL
INCENTIVE PROGRAM AND AMENDING THE RANCHO PALOS VERDES
MUNICIPAL CODE.
(15 mins) 19. Increase of Transient Occupancy Tax Rate (Lynch)
Recommendation: Provide direction to Staff regarding whether the City Council
would like to place an increase of the City's Transient Occupancy Tax on the
November ballot so that the ordinance and appropriate resolutions will be
prepared and presented for adoption at the June 30, 2009 Council meeting.
(10 mins) 20. 2009 Five -Year Financial Model (Downs)
Recommendation: 1) Review the Draft 2009 Five -Year Financial Model (2009
Model), and provide direction regarding the assumptions and content; 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; 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.
(30 min) 21. Five -Year Capital Improvement Plan (Singer)
Recommendation: Adopt and file the 2009 Five -Year Capital Improvement
Plan.
(20 mins) 22. Introduce an Ordinance of the City of Rancho Palos Verdes Creating Chapter
10.36 (On- Street Parking of Oversized Vehicles) of Title 10 of the Rancho Palos
Verdes Municipal Code (Dragoo)
Recommendation: 1) INTRODUCE ORDINANCE NO. , AN ORDINANCE
OF THE CITY OF RANCHO PALOS VERDES, CREATING CHAPTER 10.36
(ON- STREET PARKING OF OVERSIZED VEHICLES) OF TITLE 10 OF THE
RANCHO PALOS VERDES MUNICIPAL CODE, by title only, waive further
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June 16, 2009
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reading, and introduce the ordinance; 2) Authorize the implementation of the
Oversized Vehicle Permit Parking Program during the 2009/10 Fiscal Year; and,
3) Direct Staff to add $82,540 to the draft FY2009 -10 budget.
(15 mins) 23. Neighborhood Permit Parking Educational Outreach (Jules)
Recommendation: 1) Approve the Neighborhood Permit Parking and Overnight
Parking Restriction Outreach Plan as recommended by the Traffic Safety
Commission and authorize $2,278 to be added to the Draft FY09 -10 budget for
program implementation and include an additional $20,000 for public outreach
consulting services if the Oversized Vehicle Program is not approved; and,
2) INTRODUCE ORDINANCE NO. , AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES, MODIFYING THE PARKING PERMIT
PROCEDURES AND AMENDING 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.)
(5 mins) COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
CLOSED SESSION REPORT:
ADJOURNMENT: Adjourn to Tuesday, June 30, 2009 at 7:00 P.M. at Hesse Park for
an Adjourned 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: Filiorum: APN 7572 - 012 -024, 7572 - 012 -028, 7572 - 012 -029, 7573-
003 -016, 7581 - 023 -031, 7581 - 023 -029, 7572 - 002 -022
City Negotiators: City Manager; City Attorney; Councilman Long; Councilman Stern;
Director of Planning, Building and Code Enforcement Rojas
Negotiating Parties: York Long Point Associates
Under Negotiation: Price and Terms of Payment
Existing Litigation:
G.C. 54956.9(a)
City Council Agenda
June 16, 2009
Page 6 of 8
Name of Case: Rancho Palos Verdes Neighbors for Community Compatibility v.
City of Rancho Palos Verdes, et al., Los Angeles Superior Court.
Case No. BS 119893.
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 /Agency 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/Agency-
Based on a threat of litigation received in a letter from Brant H. Dveirin 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.
Based on a threat of litigation received from Mr. Richard Knickerbocker, attorney for Mr.
and Mrs. Trowbridge, in telephone conversations on May 27, 2009 and May 28, 2009
between Mr. Richard Knickerbocker and Veronica S. Gunderson, Associate for
Richards, Watson and Gershon.
(Number of Potential Cases — 2)
Potential Litigation:
G.C. 54956.9(c)
The City Council will be meeting in Closed Session to determine whether to file
a lawsuit against the County pertaining to the County's use of a portion of the Contract
Cites' Liability Trust Fund.
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
City Council Agenda
June 16, 2009
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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.
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