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CC AGD 20060620 CORRECTED AGENDA RANCHO PALOS VERDES CITY COUNCIL JUNE 20, 2006 FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD NOTE: THIS CORRECTED AGENDA IS BEING ISSUED DUE TO A CLERICAL ERROR IN NUMBERING ITEM NOS. 17 THROUGH 20 ON THE ORIGINAL AGENDA. NO ITEMS HAVE BEEN ADDED OR DELETED FROM THIS AGENDA 6:00 P.M. CLOSED SESSION: SEE ATTACHED BROWN ACT CHECK LIST FOR DETAILS. 7:00 P.M. REGULAR SESSION CALL TO ORDER: ROLL CALL: NEXT RESOL. NO. 2006-46 NEXT ORDINANCE NO. 440 FLAG SALUTE: APPROVAL OF AGENDA: MAYOR'S ANNOUNCEMENTS: RECYCLE DRAWING: PUBLIC COMMENTS: (This section of the agenda is for audience comments for items NOT 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) NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: CORRECTED City Council Agenda June 20, 2006 Page 2 of 8 A. EMERGENCY STORM DRAIN PROJECTS 1. Notice of Completion of the Pontevedra Storm Drain Repair (Dragoo) 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 FISCAL YEAR 2005-06, FOR A BUDGET ADJUSTMENT TO THE CITY'S WATER QUALITY/FLOOD PROTECTION PROGRAM; 2) Accept the work as complete; 3) Authorize the City Clerk to file a Notice of Completion with the County Recorder; and if no claims are filed within 35 days after recordation; and, 4) Authorize the Director of Public Works to release the 10% retention payment, to Peterson & Chase 35 days after recordation of the Notice of Completion by the County Recorder contingent upon no claims being filed on the project. B. OTHER CONSENT CALENDAR ITEMS 2. 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. 3. Approval of the Minutes (Petru) Recommendation: Approve the minutes of May 16, 2006. 4. Award a One-Year Extension to On-Call Maintenance Services Agreement with Los Angeles Conservation Corps (Ramezani) Recommendation: 1) Award a one-year extension to on-call maintenance services contract, for At-Risk Youth employment, to the Los Angeles Conservation Corps (LACC), in the amount not to exceed $50,000 for FY 06-077 for Measure A grant funded projects; and 2) Authorize the Mayor and City Clerk to execute a one-year extension on-call maintenance services contract, for At- Risk Youth employment, to the Los Angeles Conservation Corps; in the amount not to exceed $50,000 for FY 06-07, for Measure A grant funded projects. 5. Professional Services Agreement for FY 2006-07 and 2007-08; National Pollutant Discharge Elimination System (NPDES)/Total Maximum Daily Load (TMDL) Implementation (Ramezani) Recommendation: 1) Award a professional services contract to John L. Hunter and Associates, Inc. (JLHA) for FY 2006-07 and 2007-08 for National Pollutant Discharge Elimination System (NPDES) for a not to exceed amount of$28,280 for FY 2006-07, and $31,380 for FY 2007-08; and up to $5,000 each fiscal year for unspecific services related to Sanitary Sewer Overflows based upon time and materials; and up to $7,500 annually for services related to Total Maximum Daily Load (TMDL) implementation; 2) Authorize the Mayor and City Clerk to execute CORRECTED City Council Agenda June 20, 2006 Page 3 of 8 an agreement with John L. Hunter and Associates, Inc.; and, 3) Authorize the City Manager and Director of Public Works to award a one-year extension (FY 08-09) upon successful completion of the tasks of the first two years. 6. Award Contract for Custodial Services for City Facilities (Holland) Recommendation: 1) Approve the Plans and Specifications for the Custodial Services for City Facilities; 2) Award a contract to Coastal Building Services, Inc. in the amount of$72,060, for the custodial services for City facilities; and, 3) Authorize the Mayor and City Clerk to execute a custodial contract with Coastal Building Services, Inc. for custodial services for City facilities. 7. This Item Has Been Pulled from the Agenda. 8. Approval of Membership for the Marin County Major Crimes Task Force in California JPIA (Petru) Recommendation: 1) Authorize the City Council delegate to sign the ballot on behalf of the City; and 2) Direct the City Clerk to notify the California Joint Powers Insurance Agency that the City approves the Marin County Major Crimes Task Force as a new member. 9. Claimant Maron's Application for Leave to Present a Late Claim (Park) Recommendation: Reject the claimant's application for leave to present a late claim and direct staff to notify the claimant. 10. Purchase of the Property at 6359 Tarragon Road (Evans) Recommendation: 1) ADOPT RESOLUTION NO. 2006 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2005-53, THE BUDGET APPROPRIATION FOR FY05-06, FOR A BUDGET ADJUSTMENT TO THE CITY'S GENERAL FUND AND WATER QUALITY FLOOD PROTECTION FUND; and, 2) ADOPT RESOLUTION NO. 2006 - , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2006-417 THE BUDGET APPROPRIATION FOR FY06-07, FOR A BUDGET ADJUSTMENT TO THE CITY'S GENERAL FUND AND WATER QUALITY FLOOD PROTECTION FUND. 11. Register of Demands (McLean) Recommendation: ADOPT RESOLUTION NO. 2006- , 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. CORRECTED City Council Agenda June 20, 2006 Page 4 of 8 PUBLIC HEARINGS: 12. 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 2006-07 and the Engineer's Report prepared in connection therewith; and 2) ADOPT RESOLUTION NO. 2006- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES MAKING CERTAIN FINDINGS AND CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 2006-07 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. 13. Abalone Cove Sewer Maintenance Fee (Dragoo) Recommendation: Conduct a public hearing on the proposed levy and continue the public hearing to the next regularly scheduled meeting. 14. Case No. ZON2006-00188 (Special Use Permit and Coastal Permit), Abalone Cove Shoreline Park, 5970 Palos Verdes Drive South [Applicant/Appellant- Peninsula Seniors] (Sohn) Recommendation: Deny the appeal and authorize the Peninsula Seniors to submit a Special Use Permit application if they wish to consider the use of a portion of the City's Upper Point Vicente property for the placement of two temporary trailers for office and classroom use, from July 1, 2006 to December 31, 2008. 9:30 PAUSE TO CONSIDER REMAINDER OF THE AGENDA REGULAR NEW BUSINESS: 15. Appointment to the Finance Advisory Committee (Petru) Recommendation: Appoint Amar Moon to the Finance Advisory Committee to fill the vacancy left by the resignation of William Smith; said term of office until February 2010. 16. Proposed Moratorium on Certain Development Within the Entire Landslide Moratorium Area Outlined in Red and Blue Pending Review of Additional Information and an Upcoming Study Session (Lynch/Rojas) Recommendation: ADOPT ORDINANCE NO. U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES EXTENDING URGENCY ORDINANCE NO. 427U AND URGENCY ORDINANCE NO. 439U ESTABLISHING A MORATORIUM ON THE ISSUANCE OF CERTAIN CORRECTED City Council Agenda June 20, 2006 Page 5 of 8 PERMITS AND THE PROCESSING OF PLANNING APPROVALS AND SUSPENDING CERTAIN PREVIOUSLY ISSUED BUILDING PERMITS AND APPROVALS, IN THE LANDSLIDE MORATORIUM AREA OUTLINED IN RED AND BLUE ON THE LANDSLIDE MORATORIUM MAP ON FILE IN THE CITY'S PLANNING, BUILDING AND CODE ENFORCEMENT DEPARTMENT, EXEMPTING CERTAIN PREVIOUSLY CONSTRUCTED PROJECTS FROM SAID MORATORIUM AND DECLARING THE URGENCY THEREOF; and, 2) Reschedule the Study Session to Saturday, October 7, or Saturday, October 14, 2006. 17. Palos Verdes Art Center Lease Agreement (Evans/Lynch) Recommendation: Continue the consideration of the lease agreement with the Palos Verdes Art Center to the Council meeting of July 5, 2006. 18. Cable Television Studio Lease (Evans) Recommendation: 1) Approve the Lease Agreement between the City of Rancho Palos Verdes and the Southern California Regional Occupational Center for the Cable Television Studio; 2) Approve the Lease Agreement between the City of Rancho Palos and PV on the Net, terminating their present lease of the Cable Studio and entering into a new lease of a site for a modular building; 3) Approve a fourth amendment to the Lease for the Building where the PV on the Net offices are located to extend that agreement through June 20, 2009, which is a thirteen month extension, and to revise the methodology for further extending that lease; and 4) Continue to provide at no charge, one hour of broadcast time on Channel 33, at 4:00 p.m., daily for PV on the Net Presents, which is to air programming produced by PV on the Net. 19. New Telecommunications Service (Clark) Recommendation: Consider sending a letter to ATT/Verizon encouraging their venture into the video service market. 20. "No" on AB 2987 Coalition (Clark) Recommendation: Consider Joining the League of California Cities "No" on AB 2987 Coalition. 21. JPIA Claims Handling Authority (Evans) Recommendation: Consider the alternatives for claims handling by the California Joint Powers Insurance Authority, select the appropriate alternative and direct staff to notify the JPIA of their decision. COUNCIL DISCUSSION OF FUTURE AGENDA ITEMS & SUGGESTION OF FUTURE AGENDA ITEMS: CORRECTED City Council Agenda June 20, 2006 Page 6 of 8 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) 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: Existing Litigation: G.C. 54956.9(a) Name of Case: Monks. V. City of Rancho Palos Verdes, Los Angeles County Superior Court. Case No. YS010425. 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 Council/Agency: Potential Litigation: G.C. 54956.9(b) 1. Concerning the houses located at 40 and 41 Cherry Hill Lane that have moved onto Redevelopment Agency property located seaward of Palos Verdes Drive South. Potential Number of Cases: 2 2. Concerning a late claim filed with the City by Eglantina Maron on April 27, 2006. The claim is on file in the City Clerk's Office. 3. Concerning a threat of litigation made by Jim York to Mayor Wolocizc at a meeting held on June 13, 2006. A copy of the memorandum from the Mayor documenting the threat of litigation is on file in the City Clerk's Office. 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; and, Director of Planning, Building and Code Enforcement, Bill Ailor, Barbara Dye and Bill Swank Negotiating Parties: York Long Point Associates Under Negotiation: Price and Terms of Payment CORRECTED City Council Agenda June 20, 2006 Page 7 of 8 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 . CORRECTED City Council Agenda June 20, 2006 Page 8 of 8 L IR RANCHO PALOS VERDES CORRECTED AGENDA This agenda has been prepared to provide for the orderly progression of City business. Detailed staff reports on specific items are posted in the hallway for public viewing. The City Council wants to hear your comments, however,to run the meeting efficiently, please observe the following rules when you participate in the meeting. Please try to submit your REQUEST TO ADDRESS THE CITY COUNCIL form to the City Clerk prior to the start of the meeting.You will be called at the appropriate time to make your remarks. For the sake of efficiency,the City Council agenda is divided into several sections: Consent Calendar: This section consists of routine items which, unless a request has been received from the public, council or staff to remove a particular item for discussion, are enacted by one motion of the City Council. If you wish to speak to any Consent Calendar item(s)you will be limited to three minutes. Public Hearings: This section is devoted to noticed hearings. Although the normal time limit is three minutes for each speaker,the mayor may grant additional time to a representative speaking for an entire group; however,this should not discourage anyone from addressing the City Council individually. Regular Business: This section contains items of general business and you will be allowed three minutes to speak on any item. City Council Oral Reports: This section is designated for oral reports from council members to report on their Council assignments. Public Comments: This part of the agenda is reserved for making comments on matters which are NOT on the agenda. If you have submitted a request to speak, you will be called by the City Clerk at the appropriate time and you may speak for up to three minutes. Please limit your comments to matters within the jurisdiction of the City Council. Due to State law, no action can be taken on matters brought up under Public Comments. If action by the City Council is necessary,the matter may be placed on a future agenda or referred to staff, as determined by Council. An estimated time for presentation, public input and discussion of each agenda item is shown to the left of the item number. These estimated times are included only to predict the overall length of each City Council meeting and are not intended to preclude public input, full discussion and thoughtful deliberation of each item. Please make your remarks at the lectern microphone and direct your comments to the City Council and not to the staff or the public. Conduct at the Council Meeting: The City Council has adopted a set of rules for conduct during City Council meetings. The following is an excerpt from those adopted Rules of Procedure: Section 6.3: The Mayor shall order removed from the Council Chambers any person(s)who commits the following acts at a regular or special meeting of the City Council. 1. Disorderly, contemptuous or insolent behavior toward the Council or any member thereof,tending to interrupt the due and orderly course of said meeting. 2. A breach of the peace, boisterous conduct or violent disturbance,tending to interrupt the due and orderly course of said meeting. 3. Disobedience of any lawful order of the mayor which shall include an order to be seated or to refrain from addressing the Council. 4. Any other unlawful interference with the due and orderly course of the meeting. 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)544-5208/Fax(310)544-5291 www.palosverdes.com/rpv