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CC AGD 20141118 AGENDA RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING NOVEMBER 18, 2014 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 (30 mins) DETAILS. 6:00 P.M. STUDY SESSION: To commence immediately following the Closed (30 mins) Session. The primary purpose of the Study Session is to provide an opportunity for the Council members to interact freely and informally, ask questions and discuss policy items that are listed on the agenda for that specific Study Session. The City Council will also provide direction to Staff regarding upcoming agenda items and tentative agendas, including prioritization of agenda items that are listed on the agenda for that specific study session. No action shall be taken during any Study Session unless the agenda so provides. CALL TO ORDER: ROLL CALL: PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY SESSION: (Based on Section 6.1(f), the Mayor proposes that Public Comments on items listed on the Study Session portion of the Agenda be consolidated so that each speaker has one one-minute opportunity to comment on all of the items listed on the Agenda for the Study Session.) DISCUSSION TOPICS: SS1. Review of Tentative Agendas & 2014 Goals and Priorities Recommendation: Receive and file the Tentative Agendas & 2014 Goals and Priorities. RECESS: City Council Agenda November 18, 2014 Page 1 of 7 7:00 P.M. REGULAR SESSION CALL TO ORDER: (15 mins) ROLL CALL:NEXT RESOL. NO. 2014-74 NEXT ORDINANCE NO. 562 FLAG SALUTE: MAYOR’S ANNOUNCEMENTS: RECYCLE DRAWING: APPROVAL OF AGENDA: PUBLIC COMMENTS: NOT (This section of the agenda is for audience comments for items on the agenda.) CITY MANAGER REPORT: Recognition of Part-time Employee NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: (15 mins) A. 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. B. Approval of Minutes (Morreale) Recommendation: Approve the Minutes of the November 4, 2014 Regular Meeting; and November 5, 2014 Adjourned Regular Meeting. C. Claim Against the City by Hank Garrett (Morreale) Recommendation: Reject the claim and direct Staff to notify the claimant. D. Register of Demands (McLean) Recommendation: ADOPT RESOLUTION NO. 2014-__, 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. E. Approval of Annual Commercial Haulers Agreements for 2015 (Ramezani) Recommendation: 1) Authorize the Mayor to execute one-year agreements for Non-Exclusive Commercial Collection and Disposal Services for 2015 with eight companies: California Waste Services LLC; CalMet Services, Inc.; Consolidated Disposal Service, LLC dba Republic Services; Easy Roll Off Services; EDCO City Council Agenda November 18, 2014 Page 2 of 7 Disposal Corporation; 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. 2014-__, 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 2015. F. Gifts for Parks (Lozano) Recommendation: Accept the Gifts for Parks donations and direct staff to prepare donor letters of appreciation for the Mayor’s signature. G. Notice of Completion for San Ramon Canyon Storm Drain System Project (Supports 2014 City Council Goal, Public Infrastructure) (Winje) Recommendation: 1)Accept the project as complete; 2) Authorize the City Clerk to file a Notice of Completion for the project with the County Recorder; and if no claims are filed within 35 days after recordation, and upon the contractor posting an acceptable warranty bond, send a notice to the surety company to exonerate the Performance Bond; and, 3) Authorize the Director of Public Works to direct the escrow agent at Torrey Pines Bank to release the construction retention escrow account balance to L.H. Woods & Sons, Inc. and close the escrow account, 35 days after recordation of the Notice of Completion by the County Recorders contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond with the City. H. Consider Approval of Request by the City of Rolling Hills Estates for Placement of Banners on Street Light Poles on Silver Spur Road (Countryman) Recommendation: 1) Approve the request by the City of Rolling Hills Estates for placement of banners on street light poles on Silver Spur Road between Hawthorne Boulevard and Drybank Drive; and, 2) Authorize the Public Works Department to issue a no-fee encroachment permit for these banners, upon the Permittee meeting all other requirements for an encroachment permit. I. Award Engineering Design and Construction Management Contract for Sunnyside (Supports 2014 City Council Goal, City Trail Ridge Trail Improvement Project System Enhancement) (Motahari) Recommendation: Award a Professional Services Agreement for the Sunnyside Ridge Trail Improvement project to KOA Corporation to provide design development services, public outreach; geotechnical, structural, and civil engineering; landscape architecture and design; and construction management and oversight for an amount not to exceed $140,450. J. Award Contracts for Construction, Construction Management, Inspection, and Materials Testing Services, and Project Oversight for the FY2012-13 and FY2013- (Supports 2014 14 Residential Streets Rehabilitation Project – Areas 1, 5B, and 9 City Council Agenda November 18, 2014 Page 3 of 7 City Council Goal - Public Infrastructure – Citywide Street Maintenance) (Countryman) Recommendation: 1) Approve the construction plans and project specifications on file in the Public Works Department for the FY2012-13 and FY2013-14 Residential Streets Rehabilitation Project, Areas 1, 5B, and 9, with a funding plan totaling $3,675,641; 2) Award a construction contract to American Asphalt South, Inc. in the amount of $2,458,715 for the project; 3) Award a professional services agreement to Vali Cooper & Associates, Inc. in the amount of $283,052 for construction management, inspection, and materials testing services; 4) Award a professional services agreement to Sunbeam Solar Technologies, Inc. DBA Sunbeam Consulting in the amount of $42,000 for project inspection oversight; 5) Authorize Staff to utilize an additional 5% ($139,189) for contingency; 6) Approve the encumbrance from the Street Maintenance Fund – Non Pavement in the amount of $164,626 as a partial funding source for the FY2012-13 and FY2013-14 Residential Streets Rehabilitation Project; and, 7) Authorize the Mayor and City Clerk to execute the agreements. K Data Storage Array Purchase (Landon) Recommendation: Authorize the Purchase of a Nimble CS215 Storage Array from Golden Star Technology, Inc. at a cost of $31,786.43 to add needed storage space to the existing City data storage network. L. Parks Master Plan Update Online Community Survey (Waters) Recommendation: Approve the Parks Master Plan Update Online Community Survey. PUBLIC HEARINGS: 1. Review of the Effectiveness and Compliance with the Conditions of Approval that (20 mins) are Applicable to Phase One (1) of the St. John Fisher Master Plan (Location: 5448 Crest Road – Corner of Crest Rd. and Crenshaw Blvd.) (Mikhail) Recommendation: Receive and file a report on the effectiveness of, and compliance with, the Conditions of Approval applicable to Phase One (1) of the St. John Fisher Master Plan determining that the current Conditions of Approval are accomplishing their intended purpose. REGULAR BUSINESS: 2.Adoption of an Urgency Ordinance and Introduction of a Non-Urgency Ordinance to (10 mins) Establish Penalties and Other Permit Restrictions on Construction Projects that have been Ongoing for 4 Years or More and Repealing Ordinance No. 548U and Ordinance No. 549 (Rojas) Recommendation: 1) ADOPT URGENCY ORDINANCE NO. ___U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, REGARDING PROLONGED CONSTRUCTION PROJECTS THAT ARE ADVERSELY AFFECTING NEIGHBORING PROPERTIES; REPEALING ORDINANCE NO. 548U City Council Agenda November 18, 2014 Page 4 of 7 AND ORDINANCE NO. 549; AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE, AND DECLARING THE URGENCY THEREOF; and, 2) INTRODUCE ORDINANCE NO. ___, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, REGARDING PROLONGED CONSTRUCTION PROJECTS THAT ARE ADVERSELY AFFECTING NEIGHBORING PROPERTIES, REPEALING ORDINANCE NO. 548U AND ORDINANCE NO. 549 AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. 3. Proposed Closure of Palos Verdes Recycle Center (Ramezani) (15 mins) Recommendation: Receive and file this report. 4. 2014Peafowl Census Report (Rojas) (30 mins) Recommendation: Review the June and October 2014 Peafowl Census Reports and direct Staff to prepare a Peafowl Trapping Program for Council review in early 2015. 5. Item Removed from the Agenda. 6. Public Benefits of Geographic Information Systems (Landon) (10 mins) Recommendation: Receive and file. 7.Proposed FY 2015-16 Community Development Block Grant (CDBG) Program (10 mins) (Supports 2014 City Council Goal: Public Infrastructure) (Gibson) Recommendation: 1) Approve the proposed CDBG project and budget; 2) Authorize the Director of Public Works to execute an agreement for the CDBG project with the Los Angeles County Community Development Commission (LACDC); and, 3) Authorize the Director of Public Works to adjust the program budget, as necessary, to take into account the final CDBG allocation and any amounts unexpended at the close of the current fiscal year. 8. FY14-15 Budget Adjustments to Offset Telecommunications Utility User Tax (15 mins) Revenue (Downs) Recommendation: ADOPT RESOLUTION NO. 2014-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2014-41, THE BUDGET APPROPRIATION FOR FY14-15, TO ADJUST THE BUDGET IN THE GENERAL FUND AND CAPITAL IMPROVEMENT PROJECTS FUND. FUTURE AGENDA ITEMS: (This section of the agenda is designated for individual Council (5 mins) Members to request that an item be placed on a future City Council meeting agenda.) CITY COUNCIL ORAL REPORTS: (This section of the agenda is designated for oral reports (10 mins) from Council Members, as elected officials of the City, to report action taken at intergovernmental organizations, committee, or association meetings. Council Members are required to provide a brief oral report on their attendance at any meetings where City funds have been expended. Detailed reports should be made in writing and will be posted on the City’s website.) City Council Agenda November 18, 2014 Page 5 of 7 CLOSED SESSION REPORT: ADJOURNMENT: only Adjourn to a time and place certain 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 Existing Litigation: G.C. 54956.9(d)(1) Name of Case: People of the State of California and City of Rancho Palos Verdes v. Davoodian, Los Angeles County Superior Court Case No. YC067985 Potential Litigation against the City: GC 54956.9(d)(2) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency, based on a threat of litigation from Mr. Ed Miller of Glenmont Cal Coast RPV, LLC made to Acting City Manager Carolynn Petru in a letter date stamped September 18, 2014, by the City upon receipt. Also, a copy of an email from City Attorney Lynch memorializing an oral threat of litigation from Cal Coast’s attorney, Lisa Kranitz, on October 13, 2014, is on file in the City Clerk’s office. Number of Potential Cases (1) Personnel Public Employee Employment G.C. 54957 Title: City Manager The City Council will meet in closed session to discuss the candidates for City Manager. Potential Litigation against the City: GC 54956.9(d)(2) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency, based on a letter to the City of Rancho Palos Verdes Planning Commission dated August 6, 2014, from Ellen Berkowitz of Gresham, Savage, Nolan & Tilden. A copy of the letter is on file in the City Clerk’s Office. In addition, the threat of anticipated litigation that would be filed by the Vista Verde City Council Agenda November 18, 2014 Page 6 of 7 Homeowners’ Association (“HOA”) was discussed at the October 28, 2014 Planning Commission meeting by Michael N. Friedman, the attorney who represents the HOA. Potential Initiation of Litigation: GC 54956.9(d)(4) The City Council is meeting to decide whether to initiate litigation. Number of Potential Cases (1) 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. 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. W:\\2014 CITY COUNCIL AGENDAS\\20141118 CC AGENDA.doc City Council Agenda November 18, 2014 Page 7 of 7 Crry OF HO PALOS VERDES RANC STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES) AFFIDAVIT OF AGENDA POSTING I, Carla Morreale, declare as follows: I am the duly appointed City Clerk of the City of Rancho Palos Verdes; I hereby affirm that a copy of the agenda for the Regular Meeting of the City Council for November 18, 2014 was conspicuously posted on the City Hall Bulletin Board, located at 30940 Hawthorne Boulevard, Rancho Palos Verdes California, at the time and date indicated below. Time: 1/3 Dated: Novemb r 13, 2014 City Clerk W:\2014 CITY COUNCIL AGENDAS\Affidavit of Postings-2014\20141118 Affidavit of Posting Reg Agenda.doc 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391/(310)377-0360/Fax(310)544-5291 www.palosverdes.com/rpv