CC AGD 20090721k2! 'NHO PALOS VERDES
AMENDED* AGENDA
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JULY 21, 2009
FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD
*Amended Agenda: One additional item was added to the Closed Session under
Existing Litigation.
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. JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY:
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 -48
NEXT ORDINANCE NO. 495
MAYOR'S ANNOUNCEMENTS: The Mayor's RPV Heroes Program — Mel Hughes
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:
NEW BUSINESS:
(5 mins) APPROVAL OF CONSENT CALENDAR:
30940 Hawthorne Boulevard / Rancho Palos Verdes, CA 90275 -5391 / (310) 544 -5208 / Fax (310) 544 -5291
www.palosverdes.com/rpv
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 June 5, 2009 Special Meeting.
3. Request for Waiver of the Application Fee for a Special Use Permit on Property
located at 6001 Palos Verdes Drive South — Point View Property (Case No.
ZON2009- 00260) (Schonborn)
Recommendation: Grant the requested fee waiver.
4. Used Oil Recycling Block Grant for FY 2009 -10 (Ramezani)
Recommendation: 1) Authorize the application of the FY 2009 -10 (15th Cycle)
used oil block grant to continue the used oil and filter recycling program for City
of Rancho Palos Verdes (City) residents; and, 2) ADOPT RESOLUTION NO.
2009- _, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS TO EXECUTE ANY AGREEMENTS, CONTRACTS, AND REQUESTS
FOR PAYMENT AS NECESSARY TO IMPLEMENT THE PROGRAM.
5. Contract Addendum No. 5 for the Marymount College Facilities Expansion
Project Environmental Impact Report (Mihranian)
Recommendation: 1) Approve Contract Addendum No. 5 to the Agreement for
Consulting Services between the City of Rancho Palos Verdes and Robert Bein,
William Frost & Associates (RBF) for the preparation of an Environmental Impact
Report for the Marymount College Facilities Expansion Project, in the amount of
$23,146.
6. Adopt the Sewer System Management Plan (SSMP) in Compliance with the
State Water Resources Control Board (Dragoo)
Recommendation: ADOPT RESOLUTION NO. 2009 -_, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING
THE SEWER SYSTEM MANAGEMENT PLAN.
7. 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: Continue the item to the August 4, 2009 City Council meeting.
8. Amendment to the South Bay Cities Council of Governments' Joint Powers
Authority (JPA) Agreement (Gyves)
Recommendation: Approve the amendment to the South Bay Cities Council of
Governments' (SBCCOG) Joint Powers Authority (JPA) Agreement.
City Council Agenda (Amended)
July 21, 2009
Page 2 of 6
9. Annenberg Project at Lower Point Vicente — Service Agreements with Rincon
and Linscott, Law and Greenspan (Mihranian)
Recommendation: 1) Authorize the Mayor and City Clerk to sign a professional
services agreement in an amount not to exceed $38,553 with Rincon
Consultants, Inc. to prepare a Mitigated Negative Declaration (MND) for site
improvements at Lower Point Vicente in connection to the 1998 improvements to
the Point Vicente Interpretive Center; and, 2) Authorize the Mayor and City Clerk
to sign a professional service agreement in an amount not to exceed $16,500
with Linscott, Law, and Greenspan Engineers for the preparation of a traffic
engineering design study for the entry driveway to Lower Point Vicente in
connection to the 1998 improvements to the Point Vicente Interpretive Center.
10. FY 09 -10 Los Angeles County Sheriff's Contract (Petru)
Recommendation: 1) Authorize the Mayor to sign the FY 09 -10 Services for the
Peninsula Region (Rancho Palos Verdes, Rolling Hills, and Rolling Hills Estates);
and, 2) Authorize the City Manager to sign the FY 09 -10 Rancho Palos Verdes
Deployment Survey with the Los Angeles County Sheriff's Department.
11. Update on Status of Recycling Revenues and Budget Appropriation for SCS
Engineers (Ramezani)
Recommendation: 1) Receive and file this update report; and, 2) ADOPT
RESOLUTION NO. 2009 -_, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2009 -40,
THE BUDGET APPROPRIATION FOR FISCAL YEAR 2009 -10, FOR A
BUDGET ADJUSTMENT TO THE CITY'S WASTE REDUCTION FUND;
3) Amend the professional services contract with SCS Engineers to extend the
scope of services for work performed regarding the reduction of the City's
California Refund Value revenues, and increase their existing FY09 -10 contract
in the amount not to exceed $28,000 by a maximum additional amount of
$7,800, for a total contract not to exceed $35,800; and, 4) Authorize the Mayor
and City Clerk to sign amendment No. 2 to the professional services contract
with SCS Engineers.
12. Pavement Management System Update (Jules)
Recommendation: Receive and file the Pavement Management System
Update.
13. Approval of License Agreements between the City and the Owners of Six Private
Properties to Allow City Contractors and Employees to Cross their Properties to
Access City -Owned Properties for the Purposes of Performing Weed Abatement
and Authorize the Mayor to Sign the License Agreements on Behalf of the City
(Bell)
Recommendation: 1) Approve the form of the attached License Agreement, so
that the City and its contractors and employees can cross six privately owned
properties and gain access to City -owned properties to perform weed abatement
City Council Agenda (Amended)
July 21, 2009
Page 3 of 6
work; and, 2) Authorize the Mayor to sign the agreements on behalf of the City.
14. 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) 15. Abalone Cove Sewer Maintenance Fee (Dragoo)
Recommendation: 1) Conduct the public hearing on the proposed levy of the
annual sewer service charge for the Abalone Cove Sewer System for Fiscal Year
2009/10; and, 2) ADOPT RESOLUTION NO. 2009 -_, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING A
REPORT IN CONNECTION WITH THE SEWER SERVICE CHARGE
ESTABLISHED PURSUANT TO CHAPTER 13.06 OF THE RANCHO PALOS
VERDES MUNICIPAL CODE, DETERMINING THE AMOUNT OF SUCH
CHARGE FOR FISCAL YEAR 2009/10, AND ORDERING THAT SUCH
CHARGE BE COLLECTED ON THE TAX ROLL.
(10 mins) 16. Conformance with the 2009 Los Angeles County Congestion Management
Program (CMP) (Kim)
Recommendation: ADOPT RESOLUTION NO. 2009 -_, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY
ADOPTING THE CITY'S 2009 LOCAL DEVELOPMENT REPORT (LDR) AND
SELF - CERTIFYING THE CITY'S CONFORMANCE WITH THE 2004
CONGESTION MANAGEMENT PROGRAM (CMP) FOR LOS ANGELES
COUNTY.
(5 mins) 17. Code Amendment to Chapter 17.11 "Affordable Housing" and Chapter 17.96
"Definitions" (Case No. ZON2009- 00125) (Schonborn)
Recommendation: Adopt the Planning Commission's recommendation to:
1) ADOPT RESOLUTION NO. 2009 -_, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CERTIFYING A
NEGATIVE DECLARATION; and, 2) INTRODUCE ORDINANCE NO. , AN
ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING
CHAPTER 17.11 (AFFORDABLE HOUSING) AND CHAPTER 17.96
(DEFINITIONS) OF THE CITY'S MUNICIPAL CODE TO CONFORM TO STATE
DENSITY BONUS LAW.
(5 mins) 18. Revision "SS" to the Trump National Golf Course Project (Pfost)
Recommendation: Approve a two -month extension of the Development
Agreement and use of the Temporary Driving Range to September 16, 2009, via
Minute Order, and continue the review of Revision "SS" to the September 15,
City Council Agenda (Amended)
July 21, 2009
Page 4 of 6
2009 City Council Meeting.
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
(10 mins) 19. Form of Staff Recommendations to the City Council on Planning Commission
Appeals and Recommendations (Councilman Long)
Recommendation: Adopt a policy requiring that, in preparing staff reports, staff
will clearly present its independent and professional recommendation to the
Council under the customary "Recommendation" section, in addition to
presenting the Planning Commission's decision or recommendation on the
matter in question.
(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)
Public Employee Performance Evaluation
G.C. 54957
Personnel
Title: City Manager
Specify Position /Title of Employee Being Reviewed
Existing Litigation:
G.C. 54956.9(a)
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.
City Council Agenda (Amended)
July 21, 2009
Page 5 of 6
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.
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 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 (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.
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City Council Agenda (Amended)
July 21, 2009
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