CC AGD 20091117�J
RANCHO A
AGENDA
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
NOVEMBER 17, 2009
FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD
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. CLOSED SESSION: SEE ATTACHED BROWN ACT CHECK LIST FOR
DETAILS.
7:00 P.M. REGULAR SESSION
(20 mins) CALL TO ORDER:
ROLL CALL:
FLAG SALUTE:
NEXT RESOL. NO. 2009 -81
NEXT ORDINANCE NO. 501
MAYOR'S ANNOUNCEMENTS: Remembrance of Mayor John C. McTaggart; and
Recognition of Judy Mitchell, 2009 President of the League of California Cities
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 October 6, 2009 Regular
Meeting.
3. City Hall Campus Generator System Installation Project (Motahari)
Recommendation: 1) Approve Plans and specifications for the subject project;
2) Award a construction contract for City Hall Campus Power Generator System
Installation to Unique Performance Construction, Inc. in the amount not to
exceed $209,500 for the base bid, plus $8,500 for Add Alternate 1 and authorize
staff to spend an additional 10% ($21,800) for potential change orders which
may result from unforeseen conditions for a total authorization of $239,800;
3) Authorize the Mayor and City Clerk to execute the construction contract with
Unique Performance Construction, Inc.; and, 4) ADOPT RESOLUTION NO.
2009- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, AMENDING RESOLUTION 2009 -40, THE CITY'S
BUDGET APPROPRIATION FOR FISCAL YEAR 2009 -10, FOR A BUDGET
ADJUSTMENT TO THE CITY'S BUILDING REPLACEMENT/IMPROVEMENTS
FUND IN THE AMOUNT OF $26,900.
4. Approval of Annual Commercial Hauler Agreements for 2010 (Ramezani)
Recommendation: 1) Authorize the Mayor and the City Clerk to execute one
year non - exclusive commercial refuse collection and disposal services
agreements for 2010 with eleven haulers: Arakelian Enterprises, Inc., dba
Athens Services; California Waste Services, LLC; CalMet Services, Inc.;
Consolidated Disposal Service, LLC; Easy Roll Off Services; EDCO Disposal
Corporation; JJK Roll -Offs, Inc.; S & H Disposal Company & Recycling Services;
Universal Waste Systems, Inc.; USA Waste of California, Inc., dba Waste
Management of Los Angeles; and, West Coast Waste & Roll Off Service; and,
2) ADOPT RESOLUTION NO. 2009- , A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES, LIMITING THE
NUMBER OF HAULERS AUTHORIZED TO PROVIDE SOLID WASTE
COLLECTION AND RECYCLING SERVICES FROM COMMERCIAL
PREMISES, AND ROLL OFF SERVICES TO RESIDENTIAL AND
COMMERCIAL PREMISES IN THE CITY OF RANCHO PALOS VERDES IN
CALENDAR YEAR 2010.
5. Grant Agreement with the California State Coastal Conservancy (SCC) for Funds
Related to the Purchase of Real Property (Upper Filiorum) (Rojas)
Recommendation: ADOPT RESOLUTION NO. 2009 -_, A RESOLUTION OF
City Council Agenda
November 17, 2009
Page 2 of 7
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
AUTHORIZING THE EXECUTION OF THE GRANT AGREEMENT BETWEEN
THE CITY AND THE CALIFORNIA STATE COASTAL CONSERVANCY (SCC)
AND AGREEING TO ALL OF THE AGREEMENT'S TERMS AND CONDITIONS
RELATED TO THE SCC'S $5.5 MILLION GRANT FOR THE ACQUISITION OF
160.5 ACRES OF REAL PROPERTY KNOWN AS UPPER FILIORUM.
6. Award Construction Contract for Catch Basin Improvements (Dragoo)
Recommendation: 1) Approve the Plans and Specifications for the construction
of the Palos Verdes Drive East (PVDE) Storm Drain Catch Basin Improvements;
2) Award a Construction Contract to S.P. Pazargad Engineering Construction,
Inc., in the amount of $68,475, for the construction of the PVDE Storm Drain
Catch Basin Improvements, and authorize the expenditure of up to $10,000 for
possible extra work; 3) Award a contract for professional services to KOA
Corporation /CBM Consulting in the not to exceed amount of $17,000 for
Construction Management and Inspection services; and, 4) Authorize the Mayor
and City Clerk to execute the contracts with S.P. Pazargad Engineering
Construction, Inc. and KOA Corporation /CBM Consulting.
7. Notice of Completion — McCarrell Canyon Storm Drain Project (Holland)
Recommendation: 1) Accept the work as complete; 2) 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, notice the surety company to exonerate the
Payment and Performance bonds; and; 3) Authorize the Director of Public Works
to release the remaining 5% retention payment, to Cedro Construction, Inc. 35
days after recordation of the Notice of Completion by the County Recorder
contingent upon no claims being filed on the project bond.
8. Sewer System Report (Dragoo)
Recommendation: 1) Receive and file the Sewer Master Plan Update;
2) ADOPT RESOLUTION NO. 2009 -_, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING
RESOLUTION 2009 -40, THE BUDGET APPROPRIATION FOR FISCAL YEAR
2009 -10, FOR A BUDGET ADJUSTMENT IN THE AMOUNT OF $55,000 TO
THE CITY'S SEWER MAINTENANCE — PROFESSIONAL TECHNICAL
SERVICES PROGRAM (ACCOUNT NUMBER 101 - 3026- 431- 32 -00); and,
3) Authorize the Mayor and City Clerk to execute a contract with Harris and
Associates (Attachment D) for the purpose of developing funding options for
citywide sewer maintenance and sewer capital improvements.
8A. Claim Against the City by Phil Friedl (Gyves)
Recommendation: Reject the claim and direct staff to notify the claimant.
9. Register of Demands (McLean)
Recommendation: ADOPT RESOLUTION NO. 2009 -_, A RESOLUTION OF
City Council Agenda
November 17, 2009
Page 3 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:
(15 mins) 10. Approve the Maximum Residential Solid Waste Rates for Service Area 1,
Approve the Solid Waste Agreement and Authorize the Mayor and City Clerk to
Execute the Residential Solid Waste Agreement Approved by the City Council
(Ramezani)
Recommendation: 1) Approve the maximum rates that EDCO Disposal
Corporation can charge single - family customers in FY 10 -11, for Service Area 1,
as set forth in Exhibit 4; 2) Approve the maximum rates that EDCO Disposal
Corporation can charge multi - family customers in FY 10 -11, for Service Area 1,
as set forth in Exhibit 4; and, 3) In accordance with prior City Council direction,
authorize the Mayor and City Clerk to execute the exclusive residential solid
waste agreement with EDCO Disposal Corporation, for Service Area 1, with
services effective July 1, 2010.
(10 mins) 11. Approval of Amendment and Residential Solid Waste Rates for Service Area 2
(Ramezani)
Recommendation: 1) Approve First Amendment to Universal Waste Systems,
Inc.'s negotiated agreement; 2) Approve the maximum rates that Universal
Waste Systems, Inc. can charge single - family curbside and single - family
backyard customers in FY 10 -11, for Service Area 2, as set forth in Exhibit 4;
and, 3) Approve the maximum rates that Universal Waste Systems, Inc. can
charge multi - family customers in FY 10 -11, for Service Area 2, as set forth in
Exhibit 4.
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
(45 mins) 12. Conceptual Recreation Designs for Grandview and Lower Hesse Parks
(Waters /Mihranian)
Recommendation: 1) Approve conceptual improvement plans for Grandview
Park and Lower Hesse Park and direct staff to prepare design plans for Lower
Hesse and Grandview Park; and, 2) ADOPT RESOLUTION NO. 2009 -_, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, AUTHORIZING STAFF TO EXPEND AN AMOUNT NOT TO EXCEED
$50,000, TO FUND COMPLETION OF THE CONCEPTUAL DESIGN.
(15 mins) 13. Location for a Dog Park on the Peninsula (Clark)
City Council Agenda
November 17, 2009
Page 4 of 7
Recommendation: Continue to pursue the concept of dog park(s) on the
Peninsula as proposed by Mayor Clark.
(30 mins) 14. Civic Center Master Plan (Petru)
Recommendation: Initiate a formal Master Plan of the Civic Center site by taking
the following actions: 1) Authorize staff to retain the services of LPA to prepare
space program and parking needs analysis for City Hall; 2) Authorize staff to retain
the services of Melendrez to advise the City on site planning issues; 3) Authorize
staff to return with a professional services agreement with Magis Advisors, the
City's financial advisor, to assist the City in the development of funding alternatives
for the Civic Center Project, including the replacement of City Hall; and, 4)
Establish a dedicated Civic Center Reserve within the Capital Improvement Projects
(CIP) Fund to enable partial funding of the Civic Center Project and direct staff to
return to Council at the Midyear Budget Review with a recommendation of an
amount to transfer from General Fund Reserves to initially fund the dedicated Civic
Center Reserve, as well as the criteria for on -going contributions to the Reserve.
(20 mins) 15. Health Insurance Contributions (Mausser)
Recommendation: ADOPT RESOLUTION NO. 2009- A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
AMENDING THE CITY'S MAXIMUM MONTHLY CONTRIBUTION AMOUNTS
FOR EMPLOYEE HEALTH INSURANCE PREMIUMS.
(20 mins) 16. Retirement Health Savings Plan (Singer)
Recommendation: Authorize the Mayor to sign plan documents substantially
similar to the attached Basic Plan Document, the Basic Plan Document Adoption
Agreement, the MG Trust Company, LLC Public Employer VEBA Trust Agreement,
the OptumHealth Financial Services Master Service Agreement and the Schedule of
VEBA and Health Reimbursement Arrangement (VEBA/HRA) and Recordkeeping
Administrative Services upon final review and approval by the City's special
counsel; 2) Approve Resolution No. _, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOSVERDES, AMENDING RESOLUTION 2009-
40, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2009 -10, FOR A
BUDGET ADJUSTMENT TO THE CITY'S GENERAL FUND AND EMPLOYEE
BENEFITS FUND; 3) Approve Resolution No. , A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING A
RETIREMENT HEALTH SAVINGS PLAN.
(20 mins) 17. Updated NCCP Preserve Management Agreement between the City and the Palos
Verdes Peninsula Land Conservancy (PVPLC) (Rojas)
Recommendation: Authorize the Mayor to sign an updated Management
Agreement between the City and PVPLC which clarifies the current on -going
management responsibilities of each party.
(20 mins) 18. TOT Ballot Measure Process (Clark)
City Council Agenda
November 17, 2009
Page 5 of 7
Recommendation: Consider follow up with County Clerk's Office regarding the
TOT Ballot Measure process.
(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)
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.
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 an email from Raymond Green, attorney for Mr. and Mrs. Kuljis, dated
November 12, 2009. A copy of the email from Raymond Green documenting the
potential claim is on file in the City Clerk's Office.
Potential Initiation of Litigation
G.C. 54956.9(c)
The City Council is meeting to decide whether to initiate litigation against the County of
Los Angeles and the Los Angeles County Registrar- Recorder /County Clerk regarding
the County's possible failure to provide the sample ballot materials to certain voters
prior to or along with the absentee ballots.
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.
City Council Agenda
November 17, 2009
Page 6 of 7
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
November 17, 2009
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