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CC MINS 20130604 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JUNE 4, 2013 The meeting was called to order at 6:00 P.M. by Mayor Brooks at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into Closed Session. The meeting reconvened at 7:07 P.M. City Council roll call was answered as follows: PRESENT: Campbell, Duhovic, Knight, Misetich and Mayor Brooks ABSENT: None Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager/ Interim Director of Recreation and Parks; Carol Lynch, City Attorney; Dennis McLean, Director of Finance/Information Technology; Joel Rojas, Community Development Director; Les Jones, Interim Director of Public Works; Sean Robinson, Human Resources Manager; Ron Dragoo, Senior Engineer; Siamak Motahari, Senior Engineer; Lauren Ramezani, Senior Administrative Analyst; and, Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by Former Mayor and Councilwoman Marilyn Lyon. MAYOR'S ANNOUNCEMENTS: None. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Brooks announced Recyclers of the Month from the May 21, 2013 City Council meeting: Mike Vanic and Lynn Morton. She indicated that all winners receive a check for $250 representing a year of free refuse service and urged everyone to participate in the City's Recycling Program. She noted that in addition to winning the Recycler Drawing, the two individuals had also won a Personal Emergency Preparedness Kit from the City at a value of$60.00. APPROVAL OF THE AGENDA: Councilman Misetich moved, seconded by Mayor Pro Tem Duhovic, to approve the agenda, as presented. The motion passed on the following roll call vote: City Council Minutes June 4, 2013 Page 1 of 10 AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks NOES: None ABSENT: None PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) City Clerk Morreale reported that there were two requests to speak regarding this item. Mayor Brooks noted that Ms. Yarber had requested additional speaking time prior to the meeting. Mayor Brooks stated she would allow Ms. Yarber 4 minutes to speak. Councilman Campbell moved, seconded by Mayor Pro Tem Duhovic, to allow Mrs. Yarber six minutes to speak. The motion passed on the following roll call vote: AYES: Campbell, Duhovic and Misetich NOES: Knight and Mayor Brooks ABSENT: None Sharon Yarber, Rancho Palos Verdes, stated that she had concerns regarding the item titled Award Value Engineering Contract Change Order for San Ramon Project from the May 21, 2013 Council Agenda and many of the details in the staff report which she opined were misleading. She noted concerns with the following: the process by which the matter was brought to the Council; qualifications of Harris and Associates; problems with wear of the lining of the Permalock pipe in McCarrell Canyon; specifications for the lining; qualifications of staff; shipping process of the pipe; and, hiring of the firm Kennedy Jenks to review the specifications of the steel pipe specified in the change order. Discussion ensued among Council Members, staff and City Attorney Lynch. Councilman Misetich moved, seconded by Councilman Knight, to direct staff to return at the June 18, 2013 Council Meeting with a Regular Business item after reviewing and addressing the issues and allegations raised by Ms. Yarber regarding the San Ramon Change Order. The motion passed on the following roll call vote: AYES: Knight, Misetich and Mayor Brooks NOES: Campbell and Duhovic ABSENT: None CITY MANAGER REPORT: City Council Minutes June 4, 2013 Page 2 of 10 City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. City Manager Lehr introduced Human Resources Manager Robinson to provide a presentation as a follow-up to inquiries received by Council regarding the issue of the City's ability to hire City employees versus contract employees. She noted that former Interim Human Resources Manager Larson was present to assist as needed. Human Resources Manager Robinson presented a follow-up report and PowerPoint presentation to provide clarification from the May 7, 2013 Council Meeting regarding the analysis of options for hiring common law or City employees as compared to independent Contract Employees. Discussion ensued among Council Members and staff. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item C (Border Issues Status Report) and there was one request to speak on Item C; and there was one request to speak regarding Item M (Award Professional Services Contract for the Hawthorne Blvd. Traffic Signal Synchronization Project). Councilman Misetich moved, seconded by Councilman Knight, to approve the Consent Calendar with Item C (Border Issues Status Report) and Item M (Award Professional Services Contract for the Hawthorne Blvd. Traffic Signal Synchronization Project) removed from the Consent Calendar and to be heard immediately after the Consent Calendar. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks NOES: None ABSENT: None Motion to Waive Full Reading Adopted 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. Approval of Minutes City Council Minutes June 4, 2013 Page 3 of 10 Approved the Minutes of the May 7, 2013 Regular Council Meeting. Border Issues Status Report This item was removed from the Consent Calendar for separate consideration. Extension of Contracts for As-Needed Building and Safety Consultant Services 1) Authorized the Mayor and City Clerk to execute an extension of the current professional service agreement with Charles Abbott Associates Inc. (CAA) to continue to provide building inspection and plan check services to the City on an as-needed basis through June 30, 2015; and, 2) Authorized the Mayor and City Clerk to execute an extension of the current professional service agreement with Scott Fazekas Associates Inc. (SFA) to continue to provide building inspection and plan check services to the City on an as-needed basis through June 30, 2015. City Council Meeting Schedule Cancelled the July 2, 2013 City Council Meeting. Contact Renewal for View Restoration Mediator Professional Services Authorized the Mayor and City Clerk to execute a two-year extension of the existing professional service agreement with the City's View Restoration Mediator, Ms. Coleen Berg, to continue to provide mediation services on an as-needed basis to the City until June 30, 2015. Approval of Memorandum of Agreement for Machado Lake Trash Screen Project (Supports 2013 City Council Goal 4— Public Infrastructure) 1) Approved a Memorandum of Agreement (MOA) between the cities of Rancho Palos Verdes, Palos Verdes Estates, Lomita, Rolling Hills Estates, Torrance and Carson approving the City of Torrance as the lead agency for the Machado Lake Trash Screen Project and the cost sharing formula for the project; and, 2) Authorized the Mayor and City Clerk to execute a Memorandum of Agreement between the Cities of Rancho Palos Verdes, Palos Verdes Estates, Lomita, Rolling Hills Estates, Torrance and Carson for the Machado Lake Trash Screen Project. Renewal of Contract for On-Call Biological and Arboricultural Consulting Services with URS (Supports 2013 City Council Goal to Review Existing Contracts/Consultants) Authorized the Mayor and City Clerk to renew a professional service agreement with URS Corporation Americas to provide on-call biological and arboricultural consulting City Council Minutes June 4, 2013 Page 4 of 10 services on an as-needed basis to the City for an additional 2 years, through June 30, 2015. Register of Demands ADOPTED RESOLUTION NO. 2013-32, 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. Award Professional Services Contract for Stormwater Quality Consultant (Supports 2013 City Council Goal 4- Public Infrastructure) 1) Awarded a three-year professional services contract with two (2) one-year options to renew by mutual agreement, to John L. Hunter and Associates, Inc. (JLHA) for Stormwater Quality Consulting services, including National Pollutant Discharge Elimination System (NPDES) requirements, beginning with FY 2013-14, for a not to exceed amount of$68,175 for FY 2013-14, with the following years subject to an annual increase not exceeding the annual CPI published in April of the preceding fiscal year; and, 2) Authorized the Mayor and City Clerk to execute an a three-year professional services contract with two (2) one-year options to renew by mutual agreement with John L. Hunter and Associates, Inc. for FY 2013-14, FY 2014-15 and FY 2015-16. Award a Two-Year Professional Services Agreement for Source Reduction and Recycling Element (SRRE), Solid Waste Support Services and Used Oil Payment Program for FY 13-14 and FY 14-15 1) Awarded a two-year professional services agreement to Stearns, Conrad and Schmidt, Consulting Engineers, Inc. (SCS Engineers), in the amount not to exceed $29,980 for FY 13-14, and $29,980 for FY 14-15 for the implementation of the City's Source Reduction and Recycling Element (SRRE), Solid Waste Support Services and Used Oil Payment Program; and, 2) Authorized the Mayor and City Clerk to execute a two-year agreement with Stearns, Conrad and Schmidt, Consulting Engineers, Inc. (SCS Engineers), in the amount not to exceed $29,980 for FY 13-14, and $29,980 for FY 14-15, for the implementation of the City's Source Reduction and Recycling Element (SRRE), Solid Waste Support Services and Used Oil Payment Program. Renewal of On-Call Plan Check Services for Water Efficient Landscape Plans Authorized the Mayor and City Clerk to extend a professional service agreement with Wildan Engineering to provide on-call professional plan check services to review Landscape Document packages as required by the State of California and the City's Water Efficient Landscape Ordinance (Chapter 15.34 of the RPVMC) on an as-needed basis to the City for an additional 2 years, through June 30, 2015. City Council Minutes June 4, 2013 Page 5 of 10 Award Professional Services Contract for the Hawthorne Blvd. Traffic Signal Synchronization Project This item was removed from the Consent Calendar for separate consideration. April 2013 Monthly Report of Cash Received and filed the April 2013 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. # # # # # # ITEM(S) REMOVED FROM THE CONSENT CALENDAR: Border Issues Status Report City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there was one request to speak regarding this item. Noel Weiss, Marina del Rey, raised concerns regarding the safety of the Rancho LPG Tanks. He requested that the City Attorney issue a legal opinion regarding the City's liability as a result of the Port of Los Angeles utilizing the right-of-way to access the Rancho LPG Tank property. Discussion ensued among Council Members, staff, and City Attorney Lynch regarding the possibility of reaching out to City of Los Angeles' Councilman Buscaino's office to request a presentation at a future Council meeting regarding the status of the Rancho LPG Tanks. The Council agreed that staff and Mayor Brooks should coordinate contact with Councilman Buscaino, Congresswoman Hahn and Congressman Waxman. Councilman Misetich moved, seconded by Councilman Knight, to receive and file the current report on the status of Border Issues. Without objection, Mayor Brooks so ordered. Award Professional Services Contract for the Hawthorne Blvd. Traffic Signal Synchronization Project City Clerk Morreale reported that there was one request to speak regarding this item. Minas Yerelian, Rancho Palos Verdes, stated that the medians along Hawthorne Blvd. need landscaping and opined that traffic synchronization was not necessary since there was not a problem with the flow of traffic along Hawthorne Blvd. Discussion ensued among Council Members and staff. City Council Minutes June 4, 2013 Page 6 of 10 Mayor Brooks moved, seconded by Councilman Misetich, to continue this item to the June 18, 2013 Council meeting, with staff directed to present a staff report regarding this item. Without objection, Mayor Brooks so ordered. RECESS AND RECONVENE: Mayor Brooks called a brief recess from 8:21 P.M. to 8:33 P.M. PUBLIC HEARINGS: Residential Solid Waste and Recycling Rate Adjustment for EDCO Disposal Corporation for FY 13-14 (Supports 2013 City Council Goal of Government Efficiency, Fiscal Control and Transparency) City Clerk Morreale reported that notice of the public hearing was duly published, no written protests received and there were 2 requests to speak regarding this item. Mayor Brooks declared the public hearing open. Senior Administrative Analyst Ramezani provided a brief report and PowerPoint presentation regarding this item. Discussion ensued among Council Members. Mickey Rodich, Ladera Linda Homeowners Association (HOA), Rancho Palos Verdes, stated that his HOA relied on the funding that was provided through the City's previous neighborhood beautification grant program. Minas Yerelian, Rancho Palos Verdes, stated that EDCO is a private corporation and inquired why the City would be responsible for the increase in costs associated with labor, equipment and fuel. He suggested that EDCO should waive the rate increase for this year and the next year, and a new contract should be negotiated with EDCO. Mayor Brooks declared the public hearing closed. Councilman Misetich moved, seconded by Councilman Campbell, to approve the cap on permissible rates that EDCO Disposal Corporation can charge single-family and multi-family residential customers in FY 13-14. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks City Council Minutes June 4, 2013 Page 7 of 10 NOES: None ABSENT: None Residential Solid Waste and Recycling Rate Adjustment for Universal Waste Systems, Inc. for FY 13-14 (Supports 2013 City Council Goal of Government Efficiency, Fiscal Control and Transparency) City Clerk Morreale reported that notice of the public hearing was duly published, written protests included in late correspondence, and there were no requests to speak regarding this item. Mayor Brooks declared the public hearing open. Senior Administrative Analyst Ramezani provided a brief report and PowerPoint presentation regarding this item. Mayor Brooks declared the public hearing closed. Mayor Pro Tem Duhovic moved, seconded by Councilman Knight, to approve the cap on permissible rates that Universal Waste Systems, Inc. (UWS) can charge single- family and multi-family residential customers in FY 13-14. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks NOES: None ABSENT: None REGULAR BUSINESS: Participation in the Institute for Local Government's Beacon Award Recognition Program Community Development Director Rojas provided a brief staff report regarding this item. Marilyn Lyon, South Bay Cities Council of Governments/South Bay Environmental Services Center, Rancho Palos Verdes, congratulated the City on its efforts to reduce its energy use and energy costs. She noted that the City would be recognized as a Beacon Award participant both locally and throughout the state as a leader in efforts to reduce its energy use. Councilman Knight moved, seconded by Councilman Misetich, to approve the staff recommendation to: ADOPT RESOLUTION NO. 2013-33, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, SUPPORTING THE City Council Minutes June 4, 2013 Page 8 of 10 CITY OF RANCHO PALOS VERDES' PARTICIPATION IN THE BEACON AWARD RECOGNITION PROGRAM. Discussion ensued among Council Members and staff. Mayor Brooks moved an amendment to direct staff to present the program information to the Planning Commission for their review as a component of the General Plan Update. Councilman Knight, as the maker of the motion, and Councilman Misetich, as the seconder of the motion, accepted the amendment to the motion. The motion, as amended, passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks NOES: None ABSENT: None City of Rancho Palos Verdes Accessibility Self-Evaluation and Transition Plan City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Senior Engineer Motahari introduced Glenn Dea, Licensed Architect and Certified Access Specialist, who prepared the City of Rancho Palos Verdes Accessibility Self- Evaluation and Transition Plan. Mr. Dea provided a summary report and PowerPoint presentation regarding the City of Rancho Palos Verdes Accessibility Self-Evaluation and Transition Plan, including the Federal and California regulations regarding Americans with Disabilities Act (ADA) accessibility and the progress the City of Rancho Palos Verdes has made with respect to the Federal and State laws. Mayor Pro Tem Duhovic moved, seconded by Councilman Knight, to approve the staff recommendation to: 1) ADOPT RESOLUTION NO. 2013-34, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING THE CITY OF RANCHO PALOS VERDES ACCESSIBILITY SELF-EVALUATION AND TRANSITION PLAN; and, 2) Direct staff to initiate measures to construct the recommended ADA Improvements consistent with the attached implementation plan (Transition Plan). FUTURE AGENDA ITEMS: The following items were raised by Council Members as future agenda items: City Council Minutes June 4, 2013 Page 9 of 10 Mayor Pro Tern Duhovic suggested utilizing an independent third party, such as Kosmont Companies, to review and address the issues raised regarding the San Ramon Project Change Order, noting he would prepare an item for the next Study Session. Councilman Campbell proposed bringing back clean-up language regarding the City Council Rules of Procedure. CITY COUNCIL ORAL REPORTS: Each Council Member reported on his/her attendance at various organization and association meetings since the last City Council Oral Reports were provided on April 16, 2013. Councilman Campbell left the dais at 10:03 P.M. and returned at 10:06 P.M. CLOSED SESSION REPORT: City Attorney Lynch provided a report on behalf of Labor Attorney Brown. She reported that with respect to the Conference with Labor Negotiators, direction was given to the City's Negotiators, Labor Attorney Brown and Steve Larson, and no formal action was taken. ADJOURNMENT: At 10:08 P.M., Mayor Brooks adjourned the meeting. &LA&iA+ Attest: City Clerk W:\City Council Minutes\2013\20130604 CC MINS.doc City Council Minutes June 4, 2013 Page 10 of 10