CC AGD 20020806
RPV
ANCHOALOS ERDES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
AUGUST 6, 2002
FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD
_____________________________________________________________________
6:30 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. 2002-62
NEXT ORD. NO. 378
CEREMONIAL MATTER: RECOGNITION OF THE CITY’S RECEIPT OF THE
“RESOURCES FOR THE FUTURE” AWARD FROM THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD.
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.
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2. Minutes of June 18 and July 2 Regular Adjourned Meeting. (Purcell)
Recommendation:
Approve the minutes.
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3. Palos Verdes Drive South/25 Street Rehabilitation Project – Award Of
Construction Contract And Inspection Services. (Jules)
Recommendations:
(1)Award the contract for the Palos Verdes Drive
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South/25 Street rehabilitation project to Colich & Sons, Inc. for an amount not to
exceed $335,540, plus authorize staff to spend an additional $32,360 for
possible extra work, for a total authorization of $367,900. (2) Award a
professional service contract to Harris & Associates for an amount not to exceed
$24,000 for construction management and inspection services for the Palos
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Verdes Drive South/25 Street Rehabilitation Project.
4. Renewal of Agreement with Tom Hollingsworth for Design Services. (Purcell)
Recommendation:
Approve renewal of the agreement with Tom Hollingsworth
for design services to ensure graphic continuity in the use of the City’s logo and
custom typeface at a cost of $200.00 per month.
5. Appointment of Susan Anderson to the Ridgecrest Rancho Recreation & Parks
District. (Purcell)
Recommendation:
Confirm the appointment of Susan Anderson to serve on
the Ridgecrest Rancho Recreation & Parks District for a term of office until
December 2, 2005.
6. June 2002 Treasurer’s Report. (Downs)
Recommendation:
Receive and file the June 2002 Treasurer’s Report for the
City of Rancho Palos Verdes.
7Register of Demands. (McLean)
.
Recommendation:
ADOPT RESOLUTION NO. 2002-__, 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:
8. Long Point Resort Project (Conditional Use Permit No. 215, et. al).
(Mihranian)
Recommendation:
Review and discuss the draft Conditions of Approval, and if
deemed acceptable by the Council, direct Staff to prepare the appropriate
Resolutions for consideration at the August 28, 2002 meeting.
9. Abalone Cove Sewer Maintenance Fee. (Huey)
Recommendation
: (1)Conduct a public hearing on the proposed levy and
collection of the annual sewer maintenance fees for the Abalone Cove Sewer
System for fiscal year 2002-03 and adopt the Engineer’s Report prepared in
connection therewith; (2) Authorize a $19,125 City subsidy of the annual
City Council Agenda
August 6, 2002
Page 2
Abalone Cove sewer maintenance fees; and, (3) ADOPTRESOLUTION NO.
2002- _____, 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 2002-03, AND
ORDERING THAT SUCH CHARGE BE COLLECTED ON THE TAX ROLL.
PUBLIC COMMENTS:
(at approximately 8:40 P.M.)
(This section of the agenda is for audience comments on items NOT on the agenda.)
REGULAR BUSINESS:
10. Proposed Long Point Resort Project: Status Report to City Council. (McLean)
Recommendation:
Receive and file the proposed Long Point Resort Project
Status Report and recommendations from the Finance Advisory Committee.
11. Appointment of Chair for the Open Space, Planning and Parks & Recreation
Task Force. (Purcell)
Recommendation:
Appoint one of the candidates interviewed for the position of
Chair of this task force.
12. Additional Funding For Weed Abatement (Allison)
Recommendation:
(1) ADOPT RESOLUTION 2002-___, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
AMENDING RESOLUTION 2002-45, THE BUDGET APPROPRIATION FOR
FISCAL YEAR 2002-03, FOR A BUDGET ADJUSTMENT TO THE CITY’S
GENERAL FUND. (2) Authorize the Director of Public Works to expend an
additional $21,500 for maintenance services for weed abatement in accordance
with County Fire Codes.
13. NPDES REGULATIONS. (Allison)
Recommendation:
(1) ADOPT ORDINANCE ___, AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES REGARDING STORM WATER AND
URBAN RUNOFF POLLUTION CONTROL, AMENDING CHAPTER 13.10 OF
TITLE 13 OF THE RANCHO PALOS VERDES MUNICIPAL CODE, AND
DECLARING THE URGENCY THEREOF. (2) INTRODUCE ORDINANCE ___,
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING
STORM WATER AND URBAN RUNOFF POLLUTION CONTROL AND
AMENDING CHAPTER 13.10 OF TITLE 13 OF THE RANCHO PALOS VERDES
MUNICIPAL CODE.
14. Border Issues Status Report. (Fox)
Recommendation:
Review the current status of border issues, and provide
direction to the City Council Committee and Staff.
City Council Agenda
August 6, 2002
Page 3
15. Purchase Of City Hall Phone And Voice Messaging System. (McLean)
Recommendation:
Approve the proposed purchase and support agreements
between the City of Rancho Palos Verdes and Expanets regarding the
replacement of the City Hall telephone and voice messaging system and
authorize the Mayor and the City Clerk to execute same.
16. Additional Funds For Aircraft Noise Legal Fees. (Park)
Recommendation:
(1) Consider allocating $24,000 from the General Fund
Reserve to the City Attorney budget for legal services associated with the tri-city
lawsuit determination against the Federal Aviation Administration. (2) ADOPT
RESOL. NO. 2002___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES APPROPRIATING $24,000 FROM THE
GENERAL FUND RESERVE FOR A JOINT LAWSUIT AGAINST THE
FEDERAL AVIATION ADMINISTRATION.
17. Purchasing ordinance revision: informal bid and sale of obsolete personal
property procedures. (McLean)
Recommendation:
INTRODUCE ORDINANCE NO.___, AN ORDINANCE OF
THE CITY OF RANCHO PALOS VERDES REGARDING THE PURCHASING
AND DISPOSITION OF CERTAIN SUPPLIES AND EQUIPMENT AND
AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.
18. Resolution in support of the continued presence of Harbor-UCLA medical center
as a full service tertiary hospital able to operate as a level 1 trauma center and to
sustain its role as a teaching hospital and research hub. (McTaggart)
Recommendation:
Consider adopting a Resolution in support of retaining
Harbor-UCLA Medical Center as a full service tertiary hospital with Level I
Trauma and Emergency care.
19. HR4720 (Israel): Amateur Radio Emergency Communications Consistency Act.
(Mayor Pro Tem Stern)
Recommendation:
Direct the City Attorney to prepare a letter to
Congresswoman Jane Harman voicing the City’s opposition to HR 4720 and
detailing the manner in which the current regulation is being evaded and
misused.
20. Policy Supporting Participation By Residents In Government Against Intimidation
Caused By Lawsuits Naming Individuals. (Mayor Pro Tem Stern)
Recommendation:
Adopt a City Policy substantially as follows that makes it
clear to residents and those who have disputes with the City and its agencies
that: The City of Rancho Palos Verdes depends on its residents to volunteer to
provide the leadership roles that govern our City. The City regards the inclusion
as defendants in lawsuits against the City of individual city council members,
commission members, committee members, and similar resident volunteers who
participate in the City’s decision making processes as a tactic that is designed to
City Council Agenda
August 6, 2002
Page 4
intimidate and chill the participation of the City’s residents in the democratic
process, which is an infringement of rights that are protected by the constitutions
of the United States and the State of California. As such, when determined by
the City Council, on a case-by-case basis, to be consistent with existing law, the
City will defend and indemnify city council members, commission members and
committee members, and will vigorously use all legal tools, including Code of
Civil Procedure § 425.16 (the “Anti-SLAPP” statute) to assert the rights of such
individuals to participate in government without fear of intimidation from lawsuits
filed as a result of decisions that they make on behalf of the City. The City shall
seek to obtain the full relief afforded to it and the individuals, including the right to
attorney’s fees under C.C.P. § 425.16(c).
Upon receipt by the City Clerk of any lawsuit naming an individual city council
member, commissioner or committee member as a defendant, the City Clerk
shall mail to the attorney for plaintiff (or to plaintiff if not represented by counsel)
a copy of this policy, alerting such person to the policy of the City.
21. South Bay Communities and Affiliates Energy Efficiency Program. (Evans)
Recommendation:
Consider authorizing a letter of participation in the South
Bay Communities and Affiliates Energy Efficiency Program.
22. Approval of assistance to the School District and appointment of a City Council
Liaison Committee. (Evans)
Recommendation:
Appoint two councilmembers to work with the Palos Verdes
Peninsula Unified School District in support of their efforts to receive
reimbursement from the State for costs associated with the impacts of Eastview
students attending Peninsula schools.
23. Puente Hills Landfill Re-permitting process. (Mayor McTaggart)
Recommendation:
Authorize the Mayor to direct a letter be sent to the
Regional Planning Commission supporting the continued operation of the Puente
Hills Landfill.
24. Naming Of Forrestal Nature Preserve. (Mayor McTaggart)
Recommendation:
Consider Mayor McTaggart’s proposal to name the
Forrestal Nature Preserve in honor of Jennette Mucha.
CITY ATTORNEY CLOSED SESSION REPORT:
CITY COUNCIL ORAL REPORTS:
(This section designated to oral reports from
councilmembers to report on Council assignments.)
ADJOURNMENT:
Adjourn to a time and place certain only if the City Council wishes to
meet prior to the next regular meeting.
City Council Agenda
August 6, 2002
Page 5
CLOSED SESSION AGENDA CHECKLIST
Based on Government Code Section 54954.5
(All Statutory References are to California Government Code Sections)
CONFERENCE WITH LEGAL COUNSEL
Existing Litigation
:
G.C. 54956.9(a)
Name of Case: People of the State; City of Rancho Palos Verdes v. Mark J. Abrams
Case No: California Court of Appeal Case No. B151086
Name of Case: Mark J. Abrams v. City of Rancho Palos Verdes
Case No: United States District Court Case No. 00-09071 SVW (RNBx)
Anticipated 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 existing facts and
circumstances, there is a significant exposure to litigation against the City
Council/Agency.
1___
(Number of Potential Cases)
Claim against the City by Chandler’s Palos Verdes Sand and Gravel Inc.
Initiation of Litigation
:
G.C. 54956.9(c)
2
(Number of Potential Cases
The Council is meeting to decide whether to initiate
two lawsuits to remove foliage from properties in
order to comply with decisions that have been issued
by the City pursuant to the View
Restoration/Preservation Ordinance.
(State Underlying Facts and Circumstances)
View the agenda at or
www.palosverdes.com/RPV
A full copy of the agenda package is at the counter at Hesse Park.
W:\2002 City Council Agendas\08062002 cc agenda.doc
City Council Agenda
August 6, 2002
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