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CC MINS 20130702 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 2, 2013 The meeting was called to order at 6:00 P.M. by Mayor Brooks at Fred Hesse Community Park, 29301 Hawthorne Boulevard. Tania Haddad and Yohan Haddad provided comments for the Closed Session item regarding the encroachment on their property by the adjacent property owners (Davoodian). RECESS TO CLOSED SESSION At 6:11 P.M. the meeting was recessed into Closed Session, with all Council Members present. RECONVENE TO REGULAR SESSION The meeting reconvened at 7:09 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; Les Jones, Interim Director of Public Works; Sean Robinson, Human Resources Manager; Ron Dragoo, Senior Engineer; Andy Winje, Associate Engineer; Becky Martin, Permit Clerk; and, Teresa Takaoka, Deputy City Clerk. Also present were the following: consultant Alan Braatvedt, KOA; contractor Mike Ireland, LH Woods; consultant Dave Ferguson, Kennedy Jenks; supplier's representative Michael De Mascio, Northwest Pipe; and, consultants Ehab Gergis and Randy Berry, Harris & Associates. FLAG SALUTE: The Flag Salute was led by Deputy City Clerk Takaoka. MAYOR'S ANNOUNCEMENTS: City Council Minutes July 2, 2013 Page 1 of 7 Mayor Brooks reported on the upcoming 4th of July event to be held at Pt. Vicente Park/Civic Center; and gave a brief comprehensive update on Assembly Bill 66 (Muratsuchi) regarding electrical outages and utility reliability. Mayor Brooks encouraged residents to express their support of the bill and provided contact information. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Brooks announced Recyclers of the Month from the June 18, 2013 City Council meeting: Art Smith and Norma H. Knowles. 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 Knight, to approve the agenda, as presented. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks NOES: None ABSENT: None PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) Deputy City Clerk Takaoka reported that there were four requests to speak regarding this item. Robert (Bob) West, Rancho Palos Verdes, discussed his concerns regarding the safety of the Rancho LPG Tanks and urged the City Council to pursue the issue with local legislators. Linda West, Rancho Palos Verdes, shared her concerns regarding the Rancho LPG tanks and echoed her husband, Bob West's, thoughts on the subject. Janet Gunter, discussed Professor Bob Bee's findings regarding the safety of the facility and urged the City Council to pursue legislation to remove the Rancho LPG tanks as they are currently in violation with the EPA and not in compliance. Noel Weiss, Marina del Rey, raised concerns regarding the safety of the Rancho LPG Tanks. He requested that the City pass a "Risk Management/Access Statute" City Council Minutes July 2, 2013 Page 2 of 7 ordinance and submitted a copy of a resolution recently adopted by the City of Los Angeles. CITY MANAGER REPORT: None. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: Councilman Misetich moved, seconded by Mayor Pro Tem Duhovic, to approve the Consent Calendar as presented. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks NOES: None ABSENT: None Approval of Minutes Approved the Minutes of the June 1, 2013 Adjourned Regular Council Meeting and the June 4, 2013 Regular City Council Meeting. Register of Demands ADOPTED RESOLUTION NO. 2013-45, 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: 40th Anniversary Gala Wrap-Up Deputy City Manager/ Interim Director of Recreation and Parks Petru provided a brief report and PowerPoint presentation regarding this item. Councilman Knight moved, seconded by Councilman Misetich to: 1) Receive and file the accounting summary of the 40th Anniversary Gala held at Terranea Resort on May 5, 2013; and, 2) Authorized staff to make a $2,500 donation to both the Palos Verdes Peninsula Land Conservancy and Los Serenos de Pointe Vicente, for a total amount of $5,000, from the proceeds of the event. The motion passed on the following roll call vote: City Council Minutes July 2, 2013 Page 3 of 7 AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks NOES: None Updated Responses to Sharon Yarber's Comments Regarding the City's Administration of the San Ramon Project Deputy City Clerk Takaoka reported that late correspondence was distributed prior to the meeting and there were ten requests to speak regarding this item. Mayor Brooks noted that in an effort to ensure that all public concerns were addressed this evening speakers would be given 5 minutes to address the City Council and then additional time would be offered for individual Q&A sessions with Council, staff and consultants. City Manager Lehr provided a brief overview of the project, expressing the need for a detailed response to the comments and concerns raised by Ms.Yarber. Senior Engineer Dragoo and Consultant Alan Braatvedt provided a comprehensive Powerpoint presentation along with a staff report. Mayor Brooks called a brief recess from 8:43 P.M. to 8:55 P.M. Ken Dyda, Rancho Palos Verdes, discussed what he considers the "non-issue" of the time stamp regarding the Bubalo bid; the possibility of allowing contractors to include an alternative separate sealed bid which details that contractor's specialty to be divulged later which would allow a savings to the City; and, constructive direction for change orders. Mr. Dyda also suggested including additional language regarding material labor releases to bid documents; and, a contract administrator to City staff. Paulette Modiano, Rancho Palos Verdes, President of PV Shores Homeowner's Association, is very appreciative of the storm drain project that is going forward as their community would be the most adversely impacted if there were to be flooding from the canyon. Ms. Modiano expressed that the consultants and City staff have always been very receptive to the needs of the homeowner's and responses to inquiries have always been very timely and thorough. Ms. Modiano also read a letter from Ms. Gail Lovrich into the record which supported the project and staff actions concerning the project including refuting the lateness of the Bubalo bid and the alleged bribe from a supplier. Vanessa Dean, Rancho Palos Verdes, stated that she is very familiar with change orders as she deals with them in her industry; was satisfied with staff's explanation of the storm drain project and felt that the presentation was very clear and answered any lingering questions. City Council Minutes July 2, 2013 Page 4 of 7 Allan Colman, Rancho Palos Verdes, spoke to the laws that have been in place for several years that were adhered to by staff; the need for this Council to lead this City's very qualified staff and set the agenda; to not succumb to the handful of residents that consistently challenge and pick apart the staff; and, to remind Council that they work for all of the residents, not just a handful. Mickey Rodich, Rancho Palos Verdes, stated he has experienced a pattern of deception and lies ever since the San Ramon Project began. He recalled a series of private meetings held with staff; Mayor Brooks; Councilman Knight; and some residents. He felt as though suggestions made at those meetings were rebuffed and not taken in to consideration. Mr. Rodich suggested that staff was not straightforward and did not keep minutes of those meetings. He will ask his other questions later on in the meeting. David Bentley, a construction management specialist, felt compelled to write a letter to the Editor of PV News after reading an article about the San Ramon Project. He stated that negative change orders are a project management best practice; the late bid concern is a non-starter as the law exists for good reasons; the scope of this project is complicated enough and does not warrant or deserve constant scrutiny over the bid process. He felt the focus should be on scope, cost, schedule and quality goals of the project. Mr. Bentley stated that he also concurs with comments by Interim Public Works Director Les Jones in the PV News article. Tom Long, Rancho Palos Verdes, congratulated the Council on getting the San Ramon Project started; urged Council to either conclude that no further investigation is necessary or if they feel further investigation is warranted then have a public, not private inquiry, and it should be prompt and objective. He felt that this project had become a politicized process of something that should not be political. Mr. Long felt that this process was wasting time and should come to an end. Minas Yerelian, Rancho Palos Verdes, discussed the pipe transportation issue that occurred during the contruction of the McCarrell Canyon Storm Drain Project; felt the contractor was aware that pipe could be shipped without damage; and, inquired of staff which pipe would have been selected if there were no cost difference. Mr. Yerelian felt that the Permalok pipe would have been selected and that it is still the better pipe since the welded pipes have a better chance of corroding versus the Permalok pipe which would use silicon gel. He felt that the cost savings was the reason staff decided against Permalok pipes; but was concerned ongoing maintenance will be more costly. Sharon Yarber, Rancho Palos Verdes, for the record wished to clarify that she felt her integrity was being impugned by staffs characterization of the issues her memorandum g Y raised. Her contention was the process in which the Bubalo bid was deemed late. She believes that using a cell phone for the correct time would be best. Ms.Yarber questioned why a different pipe was selected when the initial process had vetted out other selections; why the City would use a pipe in area that needs jacking when it's not appropriate for jacking; and why would the City Council be in charge of approving City Council Minutes July 2, 2013 Page 5 of 7 change orders if it is not familiar with construction. Ms. Yarber will ask her additional questions later on in the meeting. Ken DeLong, Rancho Palos Verdes, reiterated Ms. Yarber's concerns about the pipe that needs to be jacked; perhaps its best to spend a little more and use the Permalock pipe since it seems superior. Bob Brubaker, a resident of Palos Verdes Shores, shared a Powerpoint presentation detailing the large boulders that came on to his property during flooding in 2010. Mr. Brubaker's photos depicted numerous scenes of water and boulders large enough to necessitate a skip loader to remove them. Mr. Brubaker's home is directly adjacent to the storm drain project. He is very impressed with the quality of the workmanship, the speed, and knowledge of the workers from the engineers to the laborers. He feels as though this project is well run and urges the Council to put an end to this discussion and move forward with the project. Discussion ensued among Council members, staff, Mr. Braatvedt, and the residents. Mayor Brooks called a brief recess from 10:30 P.M. to 10:42 P.M. Discussion continued between the Council members, staff, consultants, the contractors and members of the public. Mr. Braatvedt further clarified how the cost savings was derived and his role in assisting City staff. Councilman Campbell left the dais at 11:23 P.M. and returned at 11:26 P.M. Discussion continued among the Council members, the City Attorney, staff, consultants, the contractor and members of the public. Councilman Knight moved, seconded by Mayor Brooks to approve the staff recommendation that staff acted appropriately in its administration of the contracts in the San Ramon Project with no further City Council action required, other than the receipt and filing of the staff report. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks NOES: None FUTURE AGENDA ITEMS: This item was continued. City Council Minutes July 2, 2013 Page 6 of 7 CITY COUNCIL ORAL REPORTS: This item was continued. CLOSED SESSION REPORT: City Attorney Lynch provided a report on the following Closed Session item: With respect to the existing litigation in the case of People of the State of California and City of Rancho Palos Verdes v. Davoodian, a report was provided and direction given to the City Attorney by the City Council on how to proceed in the City's case versus the Davoodians, the direction was 4-1, with Councilman Campbell voting no. ADJOURNMENT: At 12:04 A.M., Mayor Brooks adjourned the meeting. Mayor Attest: City Clerk W:\City Council Minutes\2013\20130702 CC MINS.doc City Council Minutes July 2, 2013 Page 7 of 7