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CC AGD 20030304 RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 4, 2003 FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD _____________________________________________________________________ 6:00 P.M. CLOSED SESSION. PLEASE SEE ATTACHED BROWN ACT CHECKLIST FOR DETAILS 7:00 P.M. REGULAR SESSION CALL TO ORDER: ROLL CALL: FLAG SALUTE: NEXT RESOL. NO. 2003-12 NEXT ORD. NO. 389 MAYOR’S ANNOUNCEMENTS: CEREMONIAL MATTERS: Presentation of proclamation to Cindy Jezak, Los Angeles County Teacher of the Year. RECYCLE DRAWING: APPROVAL OF AGENDA: 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. stth 2. Minutes of January 21 Regular Meeting, February 4 Regular Meeting and th February 8 Adjourned Meeting. (Purcell) Recommendation: Approve the minutes. 3. Claim against the City by David Larson. (Park) Recommendation: Reject the claim and direct staff to notify the claimant. 4. January 2003 Treasurer’s Report. (Lin) Recommendation: Receive and file. 5. Used Oil Recycling Block Grant For FY 2003-04. (Ramezani) Recommendation: (1) Authorize the application of the FY 2003-04 used oil block grant to continue the used oil and filter recycling program for residents of the City of Rancho Palos Verdes; and, (2) ADOPT RESOLUTION NO. 2003-, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ANY AGREEMENTS, CONTRACTS, AND REQUESTS FOR PAYMENT AS NECESSARY TO IMPLEMENT THE PROGRAM. 6. Ryan Park Improvement Project. (Nobel) Recommendations: (1) Accept work as completed; (2) Authorize the City Clerk to record the Notice of Completion with the County Recorder; 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 to Vido Samarzich, Inc. 35 days after recordation of the Notice of Completion by the County Recorder contingent on no claims being filed on the Project. 7. Notice Of Completion – PVIC Storm Drain Project. (Jules) Recommendations: (1) Accept the work as complete; (2) Authorize the City Clerk to record the notice of completion with the County Recorders Office; and if no claims are filed 35 days after recordation notify the surety company to exonerate the Payment and Performance Bond with SRD Engineering, Inc.; and, (3) Authorize the Director of Public Works to release 10% retention payment to SRD Engineering, Inc. 35 days after recordation of the Notice of Completion contingent upon no claims being filed against the contractor. 8. Adoption Of Ordinance No. 388: Amendment To Ocean Trails Development Agreement. (Pfost) Recommendation: ADOPT ORDINANCE NO. 388 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES APPROVING AMENDMENT NO. 2 TO THE OCEAN TRAILS DEVELOPMENT AGREEMENT. This Ordinance was th Introduced at the February 18 meeting. . 9. Resolution Upholding Appeal of the Planning Commission’s Denial of Planning Case No. ZON2002-00282 [Applicant/Appellant: Makallon RPV Associates ]. LLC (Fox) Recommendation : ADOPT RESOLUTION NO. 2003-__, UPHOLDING THE APPEAL AND OVERTURNING THE PLANNING COMMISSION’S DENIAL OF THE REQUESTED CONDITIONAL USE PERMIT REVISION (PLANNING CASE NO. ZON2002-00282). City Council Agenda March 4, 2003 Page 2 10. Register of Demands. (McLean) Recommendation: ADOPT RESOLUTION NO. 2003-__, 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. # # # # # # # # # # # # REGULAR BUSINESS: 11. Financing Alternatives. (McLean) Recommendation: (1) (2) Receive and file this report; Authorize Public Works staff to proceed with the preparation of an update to the 1996 citywide storm plan, including estimates of the cost of drainage improvements and repairs. $100,000 is included in the FY 2002-2003 budget for the cost of the preparation (3) of proposed storm drain plan update; Authorize Finance and Public Works staff to proceed with the preparation of an Engineer’s Report for the possible formation of a storm drain user fee. A sufficient amount is included in the FY (4) 2002-2003 budget for the cost of the preparation of an Engineer’s Report; Authorize staff to proceed with the partial sewer system cleaning and video filming, which will lead to an evaluation of the condition of the citywide sewer system and consideration of adopting a sewer user fee. $350,000 is included in (5) the FY 2002-2003 budget to conduct the sewer study. Direct staff and/or the FAC to take other action regarding financing of infrastructure and open space and park facilities as the City Council deems appropriate. 12. San Ramon Drainage And Landslide Stabilization Project – Request For Additional Funding. (Jules) Recommendation:(1) Amend the professional service contract to Harris & Associates for an amount not to exceed $123,590 for construction management services for the San Ramon Drainage and Landslide Stabilization Project for a (2) total contract amount of $469,595: Amend the construction contract for Colich & Sons for an amount not to exceed $147,644 for additional construction related activities as related to the San Ramon Drainage and Landslide stabilization (3) project for a total contract amount of $2,634,347; and, ADOPT RESOLUTION NO. 2002-, APPROVING A BUDGET ADJUSTMENT OF $491,067 TO THE CAPITAL IMPROVEMENT PROJECT BUDGET FOR THE SAN RAMON DRAINAGE AND LANDSLIDE STABILIZATION PROJECT TO COVER ADDITIONAL PROJECT CONSTRUCTION COSTS OF $271,234 AND A FY 2001-2002 BUDGETARY SHORTFALL OF $219,833. City Council Agenda March 4, 2003 Page 3 13. ORDINANCE RELATING TO THE CONSERVATION AND MANAGEMENT OF COASTAL SAGE SCRUB HABITAT AND ESTABLISHING REGULATIONS AND PROCEDURES RELATING TO REMOVAL OF UNOCCUPIED HABITAT. (Lynch/Rojas) Recommendation: (1) ADOPT URGENCY ORDINANCE NO. ___U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES RELATING TO THE CONSERVATION AND MANAGEMENT OF COASTAL SAGE SCRUB HABITAT, ESTABLISHING REGULATIONS AND PROCEDURES APPLICABLE THERETO, AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE (2) AND DECLARING THE URGENCY THEREOF, and INTRODUCE ORDINANCE NO. ___, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES RELATING TO THE CONSERVATION AND MANAGEMENT OF COASTAL SAGE SCRUB HABITAT, ESTABLISHING REGULATIONS AND PROCEDURES APPLICABLE THERETO, AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE 14. Final Tract Map No. 52666 (Applicant: 3200 PVDW, LLC). (Mihranian) Recommendation: Approve parkland dedication (Quimby) fees for Final Tract Map No. 52666 pursuant to the City’s parkland dedication fee formula in the amount of $116,804.51; direct staff to execute and file a Subdivision Improvement Agreement; consider the applicant’s request to accept an Affordable Housing In-Lieu Fee; and approve Final Tract Map No. 52666. 15. Reduction in the Requirement for what constitutes a quorum of the General Plan Update Steering Committee. (Pfost) Recommendation: Reduce the Quorum for the General Plan Update Steering Committee from eight members to six members. 16. Border Issues Status Report. (Fox) Recommendation : Review the current status of border issues, and provide direction to the City Council Committee and staff. 17. NPDES Program. (Allison) Recommendation: Request staff to work with the County of Los Angeles, other cities in the watershed, and the Regional Water Quality Control Board to explore alternatives to a City program of NPDES compliance. 18. Expenditure Plan For Proposition 12, Proposition 40, And Measure A Bond Funds. (Allison) Recommendation:(1) ADOPT RESOLUTION 2003 - , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING THE APPLICATION OF GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER PROPOSITION 12, THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND City Council Agenda March 4, 2003 Page 4 (2) ACT OF 2000; AND ADOPT RESOLUTION 2003 - , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING THE APPLICATION OF GRANT FUNDS FOR THE ROBERTI- Z’BERG-HARRIS URBAN PROPOSITION 12, OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF (3) 2000; Approve an expenditure plan that programs Proposition 12 Bond Act funds, Proposition 40 Bond Act funds, and remaining Measure A funds to the building expansion project at Point Vicente and the acquisition of open space in (4) the Portuguese Bend area; Re-program Measure A funds currently programmed for the Abalone Cove Beach project to the building expansion (5) project at Point Vicente Interpretive Center; Delete the Abalone Cove Beach Improvement project from the Capital Improvement Program, until an alternative (6) funding source is identified; and Authorize staff to formally withdraw the Abalone Cove Beach Improvement project from review by the California Coastal Commission. 19. Educational Access Channel. (Evans) Recommendation: (1) Authorize the expenditure of $25,000 of Building Replacement Funds for the rehabilitation of the former Cable Television Building; (2) Authorize the expenditure of $10,000 of General Fund reserves for the purchase of television production equipment. (3) Authorize the inclusion of $10,000 in studio operating funds in the FY 2003-04 City budget. th 20. Rescheduling of March 24 Budget Meeting. (Petru) Recommendation : Select another date for the March 24th City Council Budget Policy Issues Workshop. CITY COUNCIL ORAL REPORTS: (This section designated to oral reports from councilmembers to report on Council assignments.) PUBLIC COMMENTS: (at approximately 8:40 P.M.) (This section of the agenda is for audience comments on items NOT on the agenda.) CITY ATTORNEY CLOSED SESSION REPORT: ADJOURNMENT: Adjourn to a time and place certain only if you wish to meet prior to the next regular meeting. 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. Staff reports are available for inspection at City Hall, 30940 Hawthorne Boulevard during NOTE : City Council Agenda March 4, 2003 Page 5 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 . CLOSED SESSION AGENDA CHECKLIST Based on Government Code Section 54954.5 (All Statutory References are to California Government Code Sections) CONFERENCE WITH REAL PROPERTY NEGOTIATOR G.C. 54956.8 The City Council is meeting to determine whether to sell the City property located at 30678 Palos Verdes Drive East, and whether to purchase some small portions of the following properties: 2803 San Ramon Drive 2809 San Ramon Drive 30676 Palos Verdes Drive East. Negotiating: Potential purchase and sale of real property.. Parties: City Manager Les Evans, Assistant City Manager Carolynn Petru, and City Attorney Carol Lynch. Under Negotiation : Price and Terms of Payment Persons with whom they may negotiate: Mr. & Mrs. Smith, Mr. & Mrs. Leimbach, and Dr. & Mrs. Thomas. PERSONNEL PUBLIC EMPLOYEE PERFORMANCE EVALUATION G.C. 54957 Title: City Manager W:\2003 City Council Agendas\03042003 CC AGENDA.doc City Council Agenda March 4, 2003 Page 6