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CC AGD 20060404 RPV ANCHOALOS ERDES AGENDA RANCHO PALOS VERDES CITY COUNCIL APRIL 4, 2006 FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD _________________________________ 6:00 P.M. CLOSED SESSION: SEE ATTACHED BROWN ACT CHECK LIST FOR DETAILS. 6:45 P.M. INTERVIEW CANDIDATES FOR TRAFFIC SAFETY COMMISSION 7:00 P.MREGULAR SESSION . CALL TO ORDER: ROLL CALL:NEXT RESOL. NO. 2006-18 NEXT ORDINANCE NO. 439 FLAG SALUTE: APPROVAL OF AGENDA: CEREMONIAL: 1) Salute to Service – Col. Curtis M. Hellenbrand, Jr. 2) Presentation of City Tiles to Outgoing Advisory Board Members MAYOR’S ANNOUNCEMENTS: RECYCLE DRAWING: PUBLIC COMMENTS: NOT (This section of the agenda is for audience comments for items on the .) agenda 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.) CITY MANAGER REPORT: OLD BUSINESS: (For items previously discussed and continued to a future meeting go to the City’s website at www.palosverdes.com/rpv) 30940 Hawthorne Boulevard / Rancho Palos Verdes, CA 90275-5391 / (310) 544-5208 / Fax (310) 544-5291 www.palosverdes.com/rpv NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: A. EMERGENCY STORM DRAIN PROJECTS 1. Repair of the Tarapaca Storm Drain (Dragoo) Recommendation: Review and reconfirm by a four/fifths (4/5) vote, the Council’s previous action on December 21, 2004 to authorize staff to conduct an informal bid process to repair the Tarapaca Storm Drain. 2. Interim Improvements to Barkentine/Seacove and Other Miscellaneous Drainage Improvements (Dragoo) Recommendation: Review and reconfirm by four/fifths (4/5) vote, the Council’s previous action on October 18, 2005, to authorize staff to conduct an informal bid process to construct interim improvements to Barkentine/Sea Cove and other miscellaneous drainage improvements. 3. Pontevedra Emergency Storm Drain Repairs (Dragoo) Recommendation: Review and reconfirm by a four/fifths (4/5) vote, the Council’s previous action on December 6, 2005 to authorize staff to conduct an informal bid process to repair the Pontevedra storm drain line. B. OTHER CONSENT CALENDAR ITEMS 4. 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. 5. Approval of the Minutes (Petru) Recommendation: Approve the minutes of January 31, 2006. 6. Border Issues Status Report (Fox) Recommendation: Review the current status of border issues and provide direction to Staff, as appropriate. 7. Budget Adjustment for Phase 1 Study of Property at 6359 Tarragon Road (Evans) Recommendation: ADOPT RESOLUTION NO. 2006- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2005-53, THE BUDGET APPROPRIATION FOR FY 05-06, TO ADJUST APPROPRIATIONS IN THE GENERAL FUND WATER QUALITY FLOOD PROTECTION FUND. City Council Agenda April 4, 2006 Page 2 of 7 8. Authorization for Council to Award a Contract for Roofing Replacement Project at City Hall Channel 33, Cable Studio, to Best Contracting Services, Inc. (Vaish) Recommendation: 1) Award a contract for the replacement of roof at City Hall Channel 33, Cable Studio to Best Contracting Services Inc. for an amount not to exceed $ 33,200 and authorize staff to spend an additional $ 3,000 for potential change orders which may result from unforeseen conditions for a total authorization of $36,200; and 2) Authorize the Mayor and City Clerk to execute a contract with Best Contracting Services Inc. 9. Authorization for Council to Award a Contract for Civic Center Parking Lot Resurfacing to Hardy and Harper, Inc. (Vaish) Recommendation: 1) Authorize staff to proceed with resurfacing of Civic Center Parking Lot; 2) Award a $42,483.50 Construction Contract to Hardy and Harper, Inc. Contracting Company, for the resurfacing of Civic Center Parking Lot, and authorize staff to spend an additional $4,250 for contingency; thereby approving a $46,733.50 construction budget; 3) Authorize the Mayor and City Clerk to execute a construction contract with Hardy and Harper, Inc. Contracting Company; and 4) ADOPT RESOLUTION NO. 2006- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2005-53, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2005-2006, FOR A BUDGET ADJUSTMENT TO THE CITY’S GENERAL FUND. 10. Authorization for Council to Award a Construction Contract for the Relocation of the Storm Drain at 7460 Alida Place to GCI Construction, Inc., and Construction Management and Inspection Services to DMc Engineering (Vaish) Recommendation: 1) Award a contract for the relocation of the storm drain at 7460 Alida Place to GCI Construction, Inc. for an amount not to exceed $80,808 and authorize staff to spend an additional $8,080 for potential change orders which may result from unforeseen conditions for a total authorization of $88,888; 2) Authorize the Mayor and City Clerk to execute contract with GCI Construction, Inc.; 3) Authorize the expenditure of up to $9,600 for inspection services with DMc Engineering under their on-call services contract; and 4) ADOPT RESOLUTION NO. 2006- , A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2005-53, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2005-2006, FOR A BUDGET ADJUSTMENT TO THE CITY’S STORM DRAIN MAINTENANCE PROGRAM FUND. 11. Emergency Relief Program of the Federal Highway Administration (Park) Recommendation: ADOPT RESOLUTION NO. 2006- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE CITY MANAGER TO SIGN AGREEMENTS ON BEHALF OF THE CITY OF RANCHO PALOS VERDES ON ALL MATTERS ASSOCIATED WITH THE ADMINISTRATION AND IMPLEMENTATION OF City Council Agenda April 4, 2006 Page 3 of 7 FEDERAL AID SYSTEM PROJECTS UNDER THE FEDERAL HIGHWAY ADMINISTRATION EMERGENCY RELIEF PROGRAM. 12. Crossing Guard Services for 2006-2007 School Year: Amendment No. 14 to All City Management Services Contract (Petru) Recommendation: Authorize the Mayor and the City Clerk to execute Amendment No. 14 to the agreement with All City Management Services, Inc., for an amount not to exceed $16,863.00 to provide crossing guard services at Miraleste Intermediate School and Silver Spur Elementary School for the 2006- 2007 School Year. 13. Claim Against the City by George Carabet (Park) Recommendation: Reject the claim and direct staff to notify the claimant. 14. Notice of Completion for Improvements to the Point Vicente Interpretive Center Expansion Project (Holland) Recommendation: 1) Accept the work done by MTM Construction Inc. on the construction of the Point Vicente Interpretive Center Expansion Project, as completed; 2) Authorize the City Clerk to accept the amount of $10,000 to be held for a period of 90 days after the filing of the Notice of Completion as a performance surety for the trouble free operation of the window shutters for that period; 3) Authorize the City Clerk to file the attached Notice of Completion with the Los Angeles County Recorder; and if no claims are filed within 35 days of recordation of the Notice, City Clerk shall notify MTM Construction, Inc. to exonerate both the Payment and Performance Bonds; 4) Authorize the City Clerk to accept the attached Maintenance Bond in the amount of $4,013,420, issued by CNA / Western Surety Company of Woodland Hills, CA 91367 which will remain in force for a period of one (1) year after the date of Notice of Completion and acceptance; and 5) Authorize the Director of Public Works to release the 10% retention payment to MTM Construction, Inc. less $10,000 noted in item #2 above, 35 days after recordation of the Notice of Completion by the City Clerk at the Los Angeles County Recorder’s office, contingent on no claims being filed against the project. 15. Recordation of a Covenant Against the Property Where the Point Vicente Interpretive Center is Located (Lynch) Recommendation: Approve the covenant so that it can be recorded against the property where the Point Vicente Interpretive Center is located. 16. February 2006 Treasurer’s Report (McLean) Recommendation: Receive and file the February 2006 Treasurer’s Report for the City of Rancho Palos Verdes. 17. Register of Demands (McLean) Recommendation: ADOPT RESOLUTION NO. 2006- , A RESOLUTION OF City Council Agenda April 4, 2006 Page 4 of 7 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: 18. Appeal of the Planning Commission's Decision Denying Case No. ZON2006-00085 (Variance and Coastal Permit) [Continued from March 21, 2006] (Pfost) Recommendation: ADOPT RESOLUTION NO. 2006- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL AND THEREBY UPHOLDING THE PLANNING COMMISSION’S DECISION TO DENY THE APPLICANT’S REQUEST FOR A VARIANCE AND COASTAL PERMIT TO CONSTRUCT A SWIMMING POOL AND SPA WITHIN THE COASTAL STRUCTURE SETBACK ZONE. 9:30 PAUSE TO CONSIDER REMAINDER OF THE AGENDA REGULAR NEW BUSINESS: 19. Report on Land Movement Within the Landslide Moratorium Area Outlined in Blue (a Portion of the Seaview Tract) (Lynch/Rojas) Recommendation: 1) Review the City Geologist’s report on recent movement in the Klondike Canyon landslide area and the additional information provided with the Staff Report, 2) ADOPT URGENCY ORDINANCE NO. U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES PRECLUDING THE ISSUANCE OF, AND REVOKING, CERTAIN PERMITS AND THE PROCESSING OF PLANNING APPROVALS IN THE PORTION OF THE LANDSLIDE MORATORIUM AREA, AS OUTLINED IN BLUE ON THE LANDSLIDE MORATORIUM MAP ON FILE IN THE CITY’S PLANNING, BUILDING AND CODE ENFORCEMENT DEPARTMENT, WHICH INCLUDES PORTIONS OF DAUNTLESS DRIVE, EXULTANT DRIVE, ADMIRABLE DRIVE AND PALOS VERDES DRIVE SOUTH, AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF; and 3) INTRODUCE ORDINANCE NO , AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES PRECLUDING THE ISSUANCE OF, AND REVOKING, CERTAIN PERMITS AND THE PROCESSING OF PLANNING APPROVALS IN THE PORTION OF THE LANDSLIDE MORATORIUM AREA, AS OUTLINED IN BLUE ON THE LANDSLIDE MORATORIUM MAP ON FILE IN THE CITY’S PLANNING, BUILDING AND CODE ENFORCEMENT DEPARTMENT, WHICH INCLUDES PORTIONS OF DAUNTLESS DRIVE, EXULTANT DRIVE, ADMIRABLE DRIVE AND PALOS VERDES DRIVE SOUTH, AND City Council Agenda April 4, 2006 Page 5 of 7 AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. 20. Facility Rental at Founders Park [Continued from March 21, 2006] (Waters) Recommendation: Provide direction to staff on options for managing rentals at Founders Park. 21. Request to Rename Ocean Trails Drive [Continued from March 21, 2006] (Evans) Recommendation: Consider the request from the Trump Organization to rename Ocean Trails Drive, Trump National Drive. 22. Appointment to the Traffic Safety Commission (Petru) Recommendation: Make an appointment to the Traffic Safety Commission to fill the vacancy left by the appointment of Jeffrey Lewis to the Planning Commission; said term of office until February 2007. 23. City Manager Succession Plan [Continued from March 21, 2006] (Evans) Recommendation: Develop a strategy for the recruitment and selection of a City Manager. 24. Traffic Signal Priority List [Continued from March 21, 2006] (Dragoo) Recommendation: 1) Consider whether or not to remove this matter from the table, and; 2) If removed from the table set a date for consideration. COUNCIL DISCUSSION OF FUTURE AGENDA ITEMS & SUGGESTION OF FUTURE AGENDA ITEMS: CLOSED SESSION REPORT: ADJOURNMENT: Adjourn to 6:45 P.M. on April 18, 2006 in the Fireside Room at Hesse Park to interview candidates for Chair of the Traffic Safety Commission. CLOSED SESSION AGENDA CHECKLIST Based on Government Code Section 54954.5 (All Statutory References are to California Government Code Sections) The City Council/Agency finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation. Conference with Legal Counsel The City Council/Agency finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation. City Council Agenda April 4, 2006 Page 6 of 7 Existing Litigation : G.C. 54956.9(a) Name of Cases: Monks v. City of Rancho Palos Verdes: U. S. District Court. Case No. 02-5424-RSWL James A. Kay, Jr., et al. v. City of Rancho Palos Verdes, et al., U.S. District Court Case No. CV 05-2535-DSF Anticipated Litigation: G. C. 54956.9(b) Based on the following existing facts and circumstances, the City Council is meeting to discuss potential litigation due to the threat of litigation made byMauricio Arregoces at an open and public meeting of the City Council held on March 21, 2006 threatening litigation regarding the City Council’s decision concerning the elimination of Section 15.20.040(k) of the Rancho Palos Verdes Municipal Code. Public Employee Performance Evaluation G.C. 54957 Personnel Title: City Manager Specify Position/Title of Employee Being Reviewed 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. You can also view the agenda and staff reports at the City’s website www.palosverdes.com/RPV . 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