DISCLAIMER

The following City Council agenda includes text only version of the staff reports associated with the business matters to be brought before for the City Council at its Regular Meeting of this date. Changes to the staff reports may be necessary prior to the actual City Council meeting. The City Council may elect to delete or continue business matters at the beginning of the City Council Meeting. Additionally, staff reports attachments, including but not limited to, pictures, plans, drawings, spreadsheet presentations, financial statements and correspondences are not included. The attachments are available for review with the official agenda package at the Reception area at City Hall as well as the Malaga Cove Public Library.

...end of disclaimer...

**CLICK HERE FOR CITY COUNCIL AGENDA
**CLICK HERE FOR CITY COUNCIL AGENDA & STAFF REPORTS

December 13, 2005
7:30 P.M.

City Hall
Council Chambers


AGENDA

OF A REGULAR MEETING

OF THE CITY COUNCIL OF THE CITY OF

PALOS VERDES ESTATES, CALIFORNIA

Copies of the staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the office of the City Clerk and are available for public inspection. Any person having any question concerning any agenda item may call the City Clerk to make inquiry concerning the item. Upon request, the agenda and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk at 378-0383, at least 48 hours prior to the meeting to request a disability-related modification or accommodation.

The City Council welcomes and encourages public participation at the Council meetings; however, to allow for the orderly progression of business, each person wishing to comment or make a presentation shall be limited to three (3) minutes. Anyone wishing to address the City Council must fill out a green speaker’s card available at the end of each row in the Chambers. The card permits the City to identify persons for purposes of City Council minute preparation. Please see specific agenda sections below for any other requirements related to meeting participation. The City Council, at the direction of the Mayor with concurrence of the Council, may modify the order of items shown on the agenda.

NEXT RESOLUTION NO. R05-38

NEXT ORDINANCE NO. 05-665

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

MAYOR’S REPORT – Matters of Community Interest

CONSENT AGENDA

All items under this heading are considered to be routine and will be enacted by one motion, unless a Councilmember, staff, or member of the public requests that an item be removed for separate discussion, with the exception of Planning Commission Actions – Item #12a-i. An applicant or interested citizen who wishes to appeal any Planning Commission decision may file an appeal with the City Clerk’s office within 15 days after the date of the Planning Commission’s decision.

Any item removed from the Consent Agenda will be considered immediately following the motion to approve the Consent Agenda.

  1. Minutes of City Council Meeting of November 8, 2005
  2. Recommendation: Review and File.

  3. Treasurer’s Report - October, 2005
  4. Recommendation: Receive and File.

  5. Treasurer’s Statement of Investment Policy Annual Review

Recommendation: It is recommended that the City Council approve the annual review of the Policy by the Treasurer by minute resolution and continue the Statement of Investment Policy dated December 13, 2005.

4. a. Monthly Financial Report – October, 2005

b. Monthly Financial Report – November, 2005

Recommendation: Receive and File.

5.Resolution R05-35; Adjusting the FY 2005-06 Budget, Accounting for Adopted MOU Provisions and Year-End Estimated Costs

    Recommendation: It is recommended that the City Council adopt Resolution R05-35, adjusting the FY 2005-06 budget in the amount of $182,685, to account for budgetary impacts of approved MOUs with the City’s employee units and anticipated year-end wage and benefit costs based on known personnel configurations.

6. Approval for Payment of Construction for Emergency Sewer Repairs Without Competitive Bidding and Adoption of Resolution R05-36, Adjusting the FY 2005-06 Budget

    Recommendation: It is recommended that the City Council approve for payment the construction of emergency sewer repairs without competitive bidding, and adopt Resolution R05-36, adjusting the FY 2005-06 budget.

7.PW-497-05; Award of Construction Contract for City Hall Garage Fan Replacement Project and Adoption of Resolution R05-37, Adjusting the FY 2005-06 Budget

    Recommendation: It is recommended that the City Council award the construction contract in the amount of $55,000 to Industrial Air Innovations for the construction of the City Hall Garage Fan Replacement Project, and adopt Resolution R05-37, adjusting the FY 2005-06 budget.

8.PW-501-05; Award of Contract for Construction of the Fall 2005 Citywide Curb and Gutter Replacement Project

    Recommendation: It is recommended that the City Council award a construction contract in the amount of $71,254.50 to John Simich Construction, Inc. for the construction of the Fall 2005 Curb and Gutter Project.

9.PW-494-05; Completion of Contract for the Construction of the FY 2004-05 Overlay Project

    Recommendation: It is recommended that the City Council accept as complete the construction contract PW-494-05; FY 04-05 Overlay Project in the amount of $249,802.13; and direct the City Clerk to file the Notice of Completion, and release the 10% retention 30 days after the County Recorder’s office records the Notice of Completion, if no stop notices are filed.

10.PW-502-05; Completion of Contract for the Construction of the Malaga Cove Beach Access Area Retaining Wall

    Recommendation: It is recommended that the City Council accept as complete the construction contract PW-502-05; construction of the Malaga Cove Beach Access Road Area Retaining Wall; and direct the City Clerk to the file the Notice of Completion, and release the 10% retention 30 days after the County Recorder’s office records the Notice of completion, if no stop notice are filed.

11.Parklands Committee Meeting Items of November 14, 2005

Recommendation: Review and Approve.

    1. PC-235-05; Application to remove one Ficus tree and top a section of Myporums in the parkland adjacent to 533 Via Del Monte for view enhancement.
    2. Applicant: Marianne Allemann

      525 Via Del Monte

      Palos Verdes Estates, CA 90274

      Action: Approved (4-0, Evans absent). The Weeping Fig tree may be topped and maintained at 15 feet in height with an over-the-counter permit on an ongoing schedule. Additionally, the Myporums adjacent to the fence and Weeping Fig are included in the approval to be topped.

    3. PC-240-05; Application to remove one Stone pine tree in the right-of-way located in the parkway adjacent to 959 Paseo La Cresta for view enhancement.
    4. Applicant: Morris J. Asch

      949 Paseo La Cresta

      Palos Verdes Estates, CA 90274

      Action: Approved (4-0, Evans absent). The applicant is responsible for all costs of the tree work, including stump removal. The applicant is responsible to plant and maintain one 24-inch box Pink Flowering Melaleuca tree in a location approved by the City Forester. The applicant is responsible to maintain the tree by proper watering and shall replace the tree if it dies or is in decline due to a lack of maintenance by the applicant.

    5. PC-244-05; Application to landscape parkland adjacent to 1701 Lower Paseo La Cresta into a passive park.

Applicant: Mr. and Mrs. Raju Chhabria

1701 Lower Paseo La Cresta

Palos Verdes Estates, CA 90274

and

Mr. and Mrs. Faasha Mahjoor

1661 Paseo La Cresta

Palos Verdes Estates, CA 90274

Action: Approved (4-0, Evans absent). The applicants are required to submit a landscaping plan to the City Forester for review that is compatible with the conditions of approval. The applicants are responsible for all aspects of the installation and maintenance of the areas of parkland that are landscaped between 1703 and 1701 Lower Paseo La Cresta.

      12.Planning Commission Actions of November 15, 2005

      • A complete set of all materials related to these action items may be viewed by City Council members in the City Clerk’s Office
      • Recommendation: Receive and File.

          1. NC-1206/GA-1375-05; Consideration of a Neighborhood Compatibility Application for a new single family residence located at 3601 Via La Selva. Lot 9, Block 6103, Tract 6887.
          2. Applicant: Russ Barto

            3 Malaga Cove #202

            Palos Verdes Estates, CA 90274

            Owner: Mr. and Mrs. Sean Richardson

            Action: Approved (4-0) with standard conditions and the following additional conditions: 1) All non-standard encroachments shall be removed; 2) Trash yard shall be moved adjacent to garage; 3) Five trees, 24 - inch box size, shall be planted with approval of City Forester; and 4) Air conditioning unit shall be moved out of side yard setback.

          3. NC-1197-05;Consideration of a Neighborhood Compatibility Application for additions to the single family residence located at 1208 Via Zumaya. Lot 3, Block 2415, Tract 6890.
          4. Applicant: Corwin Eberting, AIAE

            819 N. Harbor Drive, Suite 360

            Redondo Beach, CA 90277

            Owner: Mr. and Mrs. Tong Lee

            Action: Approved (4-0) with standard conditions and the following additional condition: 1) Remove all pine trees on property.

          5. NC-1198/GA-1364-05;Consideration of Neighborhood Compatibility and Grading Applications for a new single family residence located at 4100 Via Largavista. Lot 1, Block 6314, Tract 7143.
          6. Applicant: Powell, Dudley, Frith

            200 Brooks Street

            Laguna Beach, CA 92651

            Owner: Mr. and Mrs. Conway

            Action: Approved (3-1, Hoffman dissenting) with standard conditions and the following additional conditions: 1) A licensed survey of the floor area shall be completed and submitted to the City to verify compliance with the approved floor area for the subject lot; 2) Apparent floor area shall not exceed the maximum allowable; and 3) Fireplace and BBQ shall be moved out of the sideyard setback.

          7. NC-1211/GA-1370-05;Consideration of Neighborhood Compatibility and Grading Applications for a new multi-family dwelling located at 2508, 2510 & 2512 Via Campesina. Lots 13 & 14, Block 1621, Tract 6885.
          8. Applicant: Cindy Cooper

            P.O. Box 1086

            Palos Verdes Estates, CA 90274

            Owner: La Campesina, LLC

            P.O. Box 1086

            Palos Verdes Estates, CA 90274

            Action: Approved (3-0, Rea absent) with standard conditions and the following additional condition: 1) City standard curb and gutter shall be installed per construction plans prepared by a registered Civil Engineer and approved by the City Engineer.

          9. NC-1213/GA-1371-05;Consideration of Neighborhood Compatibility and Grading Applications for a new single family residence located at 209 Via Colorin. Portions of Lots 10 & 11, Block 6311, Tract 7143.
          10. Applicant: Douglas J. Leach

            119 W. Torrance Blvd., Suite 24

            Redondo Beach, CA 90277

            Owner: Nick and Monica Westley

            Action: Approved (3-1, Hoffman dissenting) with standard conditions and the following additional condition: 1) All structures in the setbacks adjacent to a public street shall be limited to 42 inches in height.

          11. NC-1215/GA-1372-05;Consideration of Neighborhood Compatibility and Grading Applications for additions to the single family residence located at 1501 Via Lopez. Lot 3, Block 2, Tract 7334.
          12. Applicant: Ashai Design

            3035 Kashiwa St., Suite 102

            Torrance, CA 90505

            Owner: Stanley and Grace Cheung

            Action: Approved (4-0) with standard conditions and the following additional conditions:1)A licensed survey of the floor area shall be completed and submitted to the City to verify compliance with the approved floor area for the subject lot; 2) Apparent floor area shall not exceed the maximum allowed; and 3) Height of tower shall be reduced 4 feet.

          13. NC-1216-05;Consideration of a Neighborhood Compatibility Application for a new single family residence located at 409 Avenida Mirola. Lot 4, Block 1, Tract 7086.
          14. Applicant: Houston/Tyner

            13444 Bali Way

            Marina Del Rey, CA 90292

            Owner: Mr. and Mrs. Gary Houston

            Action: Approved (4-0) with standard conditions and the following additional conditions: 1)A licensed survey of the floor area shall be completed and submitted to the City to verify compliance with the approved floor area for the subject lot; 2) Apparent floor area shall not exceed the maximum allowed; and 3) All ridge heights shall be reduced 1 foot.

          15. M-583-05; Consideration of a Miscellaneous Application for structures exceeding the maximum allowed height within the setback adjacent to the street at the single family residence located at 1737 Via Coronel. Lot 6, Block 6, Tract 8043.
          16. Applicant/Owner: Raymond Zhong

            Action: Approved (3-1, Coffey dissenting) with standard conditions and the following additional conditions: 1) Gate height restricted to 6’ maximum as proposed; and 2) Gate replacement shall be done in kind, including pilasters.

          17. M-598-05; Consideration of a Miscellaneous Application for structures exceeding the maximum allowed height within the side-yard setback and setback adjacent to the street at the single family residence located at 2816 Via Anacapa. Lot 5, Block 2232, Tract 7144.

        Applicant: Martin Design

        23639 Hawthorne Blvd., #205

        Torrance, CA 90505

        Owner: Don and Dianne Ecker

        Action: Approved (4-0) with standard conditions and the following additional conditions: 1) Driveway gate shall not exceed 42" in height; and 2) No structures within the front yard setback at southwest corner of lot shall exceed 42" in height.

        COMMUNICATIONS FROM THE PUBLIC

        This portion of the agenda is reserved for comments from the public on items which are NOT on the agenda. Due to state law, no action can be taken by the Council this evening on matters presented under this section. If the Council determines action is warranted, the item may be referred to staff or placed on a future Council agenda.

        PUBLIC HEARINGS – 7:30 P.M.

        Appellants and/or applicants shall be provided five (5) minutes for presentation and rebuttal. All other persons addressing the City Council during public hearings shall be limited to three (3) minutes for comment.

        13.Request to Appeal Planning Commission Approval of NC-1207/GA-1376-05; Neighborhood Compatibility and Grading Applications for a New Single Family Residence Located at 3605 Via La Selva. Lot 10, Block 6103, Tract 6887

          Appellant: William T. Um

          3604 Navajo Place

          Palos Verdes Estates

          Applicant: Russ Barto

          3 Malaga Cove Plaza, #202

          Palos Verdes Estates

          Owner:Mr. and Mrs. Sean Richardson

          Recommendation: It is recommended that the City Council open the public hearing, receive public input, close the public hearing, and make a decision on the application.

        14. Adoption of Ordinance 05-664; Implementation of California Electrical Code, 2004 Edition, in Compliance with State Requirements

          Recommendation: It is recommended that City Council open the public hearing, receive public input, close the public hearing, and adopt Ordinance 05-664; adopting the 2004 California Electrical Code regulating construction activities.

          NEW BUSINESS

        15.Palos Verdes Golf Club 2006 Annual Budget

          Recommendation: It is recommended that the City Council approve the 2006 Operating Budget and Capital Improvement Budget proposed by the Palos Verdes Golf Club Board of Directors and endorsed by the Council Liaison Committee; and approve the dues and green fees increases to take effect January 1, 2006.

        16. Adoption of the Sewer System Condition Assessment and Updated Capital Improvement Program

          Recommendation: It is recommended that the City Council adopt the revised Sewer System Condition Assessment and Updated Capital Improvement Program.

        17.Award of Professional Services Agreement for the Design of the Phase 3 Sewer Rehabilitation Project

        Recommendation: It is recommended that City Council award a Professional Services Agreement to Psomas in the amount of $102,225.00 for the design of the Phase 3 Sewer Rehabilitation Project.

        18. City Manager’s Report

        DEMANDS

        19. a. Authorize Payment of Motion #1a – Payroll Warrant of November 18, 2005

        b. Authorize Payment of Motion #1b – Payroll Warrant of December 2, 2005

        c. Authorize Payment of Motion #2a – Warrant Register of November 22, 2005

        d. Authorize Payment of Motion #2b – Warrant Register of December 13, 2005

        Recommendation: Authorize Payment of Motions #1a, #1b, #2a and #2b.

        MAYOR & CITY COUNCILMEMBERS’ REPORTS

        • This City Council meeting can be viewed on Cox Cable, Channel 35, Wednesday,
        • December 14, 2005 at 7:30 p.m., and Wednesday, December 21, 2005, at 7:30 p.m.

          Agenda Item:4A
          Meeting Date: 12-13-05

          TO:JAMES B. HENDRICKSON, CITY MANAGER

          FROM: JUDY SMITH, ASSISTANT CITY MANAGER

          SUBJECT: MONTHLY FINANCIAL REPORT – OCTOBER 2005

          Status Report

          Total revenues are running 6% below projected with general fund revenues running at expected level (0% deviation). Development fees are 18% ahead of expected, but this is not as large a gap as past years, and it is expected these fees will level out as we approach the seasonal dip in building activity that accompanies the winter months. Concession fees are 20% ahead of expected as we continue to see strong performance from the Golf Club (33% to budget based on three months revenue). We will monitor this source closely to see if an increase in the revenue budget is warranted at year-end. Staff budgeted a 20% drop in revenue for FY 05-06 in anticipation of impacts from the Clubhouse renovation project.

          Total operating expenditures are running 5% less than projected for the year to date and each major department is currently less than expected. Operating budgets with major personnel costs (Police and General Government) will more closely track expected with December results when we will experience three pay periods. Public Works operating expenditures are currently 12% below expected, mainly due to the billing status of major contract services (CAA, tree trimming and street sweeping). Again, this department will track more closely as the year progresses and the current status does not reflect expected savings compared to the adopted budget.

          Spot Report

          None.



          Agenda Item:4B
          Meeting Date: Dec. 13, 2005



          TO:JAMES B. HENDRICKSON, CITY MANAGER

          FROM: JUDY SMITH, ASSISTANT CITY MANAGER

          SUBJECT: MONTHLY FINANCIAL REPORT – NOVEMBER 2005

          The Issue

          What is the status of the FY 2005-06 budget after five months?

          Analysis of Graphs

          Total revenues are running 20% below expected while the general fund is running 5% below expected. These figures will show improvement in December due to receipt of the first allocation of property tax money, as well as the fire parcel tax, which is also paid as part of the property tax bills. Property transfer tax, development fees and transit funds currently exceed expected amounts by varying degrees (1% to 7%). Revenue from the State is showing slight deviation from budget, which we expect will correct during December and January with receipt of semi-annual sales tax swap allocation and the second year of the adjusted VLF fees.

          Expenditures for all departments are at or below expected amounts.

          Spot Reports

          None

          Recommendation

          It is recommended that the City Council receive and file the monthly financial report for November 2005.


          Agenda Item:5
          Meeting Date: Dec. 13, 2005

          TO:JAMES B. HENDRICKSON, CITY MANAGER

          FROM: JUDY SMITH, ASSISTANT CITY MANAGER

          SUBJECT: RESOLUTION R05-35; ADJUSTING THE FY 2005-06

          BUDGET; ACCOUNTING FOR ADOPTED MOU PROVISIONS

          AND YEAR-END ESTIMATED COSTS

          The Issue

          Shall the City Council adopt Resolution R05-35, which provides for budgetary impacts of the recently approved MOUs with the City’s employee units and anticipated year-end wage and benefit costs based on known personnel configurations?

          Analysis and Findings

          The City Council recently approved agreements with the City’s employee units including Management, Public Service and Police personnel. As part of the FY 2005-06 budget process, Council and staff made certain budget assumptions about the cost of the wage agreements and established a reserve to cover the anticipated cost. The actual cost of the agreements, $194,285, was within the reserve established.

          In addition to the cost of the wage agreements, Finance staff has projected year-end salary and benefit costs based on current personnel configurations, which have changed since the budget adoption. Most changes have occurred in the Police Department as a result of a known retirement, and anticipated promotional opportunities. As a result of the changes, staff anticipates an overall savings compared to the cost of the MOU package. The resolution before you requests an adjustment totaling $182,685. The majority of the adjustment impacts the general fund ($169,655), but three special funds are also involved: Gas Tax ($400), Drug Intervention ($9,655) and COPS ($2,975).

          Alternatives Available to the City Council

          1. Adopt Resolution R05-35, implementing MOU provisions and estimated year-end budget requirements based on current personnel configuration.
          2. Decline to adopt the resolution, in which case expenditures for these line-items and at the fund level will exceed the legally adopted appropriations, resulting in a negative audit comments.

          Recommendation

          It is recommended that the City Council adopt Resolution R05-35, adjusting the FY 2005-06 budget in the amount of $182,685, to account for budgetary impacts of approved MOUs with the City’s employee units and anticipated year-end wage and benefit costs based on known personnel configurations.

          Agenda Item:6
          Meeting Date: 12/13/05

          TO:JAMES B. HENDRICKSON, CITY MANAGER

          FROM: ALLAN RIGG, PUBLIC WORKS DIRECTOR

          SUBJECT: APPROVAL FOR PAYMENT OF CONSTRUCTION FOR EMERGENCY SEWER REPAIRS WITHOUT COMPETITIVE BIDDING AND ADOPTION OF RESOLUTION R05-36, ADJUSTING THE FISCAL YEAR 2005-06 BUDGET

          DATE: DECEMBER 13, 2005

          Introduction

          Should the City Council approve for payment the construction of emergency sewer repairs without competitive bidding, and adopt Resolution R05-36, adjusting the Fiscal Year 2005-06 Budget?

          Background and Analysis

          In June of this year a sinkhole was identified at the Via Chico/Via Campesina intersection. SRD Engineering, Inc., and Atlas Underground, Inc., who were both constructing City projects at the time and were thus already mobilized, and John Simich Construction, Inc., were asked to inspect the sinkhole to see if they would be able to repair it and any City substructures causing it. SRD Engineering responded immediately. Atlas Underground declined due to scheduling concerns, and Simich Construction would have been unable to attend to the repairs in a timely manner. SRD began and completed the repairs on the same day. The sinkhole was caused by voids or air pockets under the street surface. SRD backfilled the voids with additional soil and compacted the soil before repaving with asphalt. No excavation, pipe repair, or trench work occurred. SRD was paid $2,214.33 from account # 7500-30-80100, on Purchase Order No. 16723.

          During the second week of August, City staff noticed another sinkhole rapidly forming in the alley known as Malaga Lane, specifically in the portion between Via Chico and Via Corta, just west of Via Chico. The depth of the City sewer line in that location is considerable, approximately eight feet below the street surface, and any investigation into the causes of the sinkhole required specific equipment and immediate mobilization of work crews. City staff asked SRD Engineering, Inc. and Simich Construction to inspect the location to see if they would be willing to repair the sinkhole. Atlas Underground had completed the sewer replacement project and was no longer in the City. Simich Construction orally declined to do the work. City staff then asked SRD to investigate the sinkhole, primarily because of their willingness to do the project, their existing presence in the city, and their quick response to the earlier sinkhole.

          Because the extent of the repairs and the underground conditions were not known before SRD began the work, no estimate for the repairs could be obtained. SRD excavated the sinkhole area on August 16 and found that a 14-foot section of sewer pipe was completely broken underneath the alley, resulting in gray-water ponding around the broken pipe and the undermining of the soil directly above it. The repairs were completed over several days, complicated by the instability of the soil which caused the sides of the trench to cave in continuously, the standing gray water at the bottom of the trench which had to be pumped out, the removal of contaminated soil, and the narrow work area surrounded by residences and businesses.

          Repairs to the 14-foot section of pipe were completed on August 18. SRD’s crews returned to work on the Valmonte Storm Drain. City staff had the reach of sewer pipe within the alley videotaped to ensure that all sewer problems had been completely addressed. The sewer trench was left open but covered, in order to take advantage of it if further repairs were needed, especially since the area was so difficult to excavate. The videotape results showed a second section of pipe, about 40 feet long and downstream of the newly-repaired section, to be offset and warped, impeding sewer flow.

          On August 19, City staff contacted Atlas Underground, Inc., to solicit a cost estimate from them for repair of the second section of pipe, in order to allow SRD to continue construction on the Valmonte Storm Drain. Atlas did not respond until August 25 and when they did, no cost estimate was given, only an affirmation that they were capable of doing the job.

          On August 24, the decision was made to allow SRD to finish the work begun in the alley. Only one contractor would then be responsible for completion of the entire job, should there be problems after the repairs were made. Time was also a factor in the decision—the longer the pipe remained offset, the more gray water would leak onto the surrounding soil. It was also imperative to continue the repairs in order to be able to finally fill the trench with new soil and compact it. The sides of the trench were still subject to collapse, and would take more of the alley surface with it. Residents in homes adjacent to the alley had also expressed concerns over when the work would be finished, because the sound the plates made when cars drove over them were disruptive. There was also the daily cost of the plates covering the trench to consider.

          On August 25, work began to remove and replace the 40-foot section of offset sewer line. Replacement was completed August 29. City staff arranged for cleaning and then videotaping of the alley sewer line again to make sure that the entire pipe was in good condition. SRD then backfilled the trench with new soil, compacted the soil in order to pave, then repaved the alley. The asphalt was replaced but not the concrete alley gutter that was removed during demolition. The alley gutter will be replaced with the Fall 2005 Curb and Gutter concrete work. After paving, SRD’s remaining activities consisted of alley cleanup and removal of any construction materials from its staging areas during the repairs.

          The alley later had to be repaved by a subcontractor hired by SRD, since the paving was not acceptable to City standards. SRD, being a storm drain contractor and not a paving contractor, did not have the paving experience necessary to adequately complete the paving portion of the work themselves. Repaving activities were completed in October at no additional cost to the City.

          Staff has checked the contractor’s invoices. The payment rates charged for labor and equipment are reasonable, and may even be less than those normally charged for the type of work done. There have been no further problems with sinkholes in the alley since the repairs were completed.

          Section 2.08.065 of the City’s Municipal Code allows for the repair of public facilities in the event of an emergency without the typical competitive bidding procedures. One requirement is that the actions be reported to and approved by the City Council, which is the reason for this report. An additional requirement is that the total cost of the project is under $50,000. The total cost of this project is $37,200.

          Alternatives Available to Council

          The following alternatives are available to Council:

          1. Approve for payment the construction of emergency sewer repairs without competitive bidding, and adopt Resolution R05-36, adjusting the Fiscal Year 2005-06 Budget.

          2. Reject payment request.

          3. Decline to Act.

          Conclusions and Recommendations

          Staff recommends that the City Council approve for payment the construction of emergency sewer repairs without competitive bidding, and adopt Resolution R05-36, adjusting the Fiscal Year 2005-06 Budget.

          Fiscal Impact

          Minor purchase order requests, which would normally be used in this situation, are allotted a maximum $15,000 amount. The extent and cost of the emergency sewer system repairs on Malaga Lane exceeded this amount. The complexity of the project was unforeseen, and invoices for the work were not available until the repairs were entirely completed. In order to pay for the total cost of the project, $37,200 must be transferred to a special account created for emergency repairs at this location.

          Budget Resolution R05-36 has been prepared and is attached. The resolution transfers $37,200 from the Unobligated Sewer Fund Balance to this project’s budget.

          Staff report prepared by:

          Floriza Rivera

          Public Works Department

          Agenda Item:7
          Meeting Date: 12/13/05

          TO:JAMES B. HENDRICKSON, CITY MANAGER

          FROM: ALLAN RIGG, PUBLIC WORKS DIRECTOR

          SUBJECT: PW-497-05; AWARD a construction contract in the amount of $55,000 to Industrial Air Innovations for the construction CITY HALL GARAGE FAN REPLACEMENT PROJECT, AND ADOPTION OF RESOLUTION R05-37, ADJUSTING THE FISCAL YEAR 2005-06 BUDGET

          DATE: DECEMBER 13, 2005

          Introduction

          Should the City Council award a construction contract in the amount of $55,000 to Industrial Air Innovations for the construction of the City Hall Garage Fan Replacement Project, and adopt Resolution R05-37, adjusting the Fiscal Year 2005-06 Budget?

          Background and Analysis

          The existing garage exhaust fan was installed in 1975 when the City Hall garage, housing the Public Works Maintenance yard and underground parking, was originally built. The combined push-pull fan system removes exhaust fumes generated by the many vehicles using the garage, including Police Department and Public Works Department vehicles. The larger fan of the system has failed at least twice and needs to be replaced. The remaining fan operates on a continuously, since there is no method in the existing system to monitor carbon monoxide levels that build up in the garage, in order to determine times when the fan does not have to be used. The existing system no longer meets existing Building Code standards.

          Staff retained GRT and Associates, Inc. to review the current garage ventilation system and provide designs for its upgrade. They proposed a new system that will be equipped with monitors to measure carbon monoxide levels and operate the fans on an as-needed basis, saving wear and tear on the fans and electricity costs for the City. Designs were completed and put out to bid. GRT and Associates provided a construction cost estimate of $30,000.

          Staff advertised in F.W. Dodge, Bid America, and Daily Construction Services. Construction bids were opened August 29, 2005, at 10:30 a.m. The results are as follows:

          Contractor

          Bid

          Industrial Air Innovations

          $55,000

          Three Pac Construction

          $59,600

          South Bay Heating and Air Conditioning

          $90,270

          The bids were significantly over the $30,000 cost estimate provided by the designer. GRT and Associates has reviewed the costs for this project and determined that labor and material prices have risen significantly, and that the bid proposals received reasonably reflect those increases.

          Staff investigated the bid proposal and work history for Industrial Air Innovations, a division of Inland Acoustics, Inc., and found them to be the lowest responsive and responsible bidder. Their work history indicates that they have completed projects of similar size and scope for other agencies, and are well equipped to construct this project. They have also agreed to extend their bid price and the terms of the bid proposal until January 31, 2006, in order to award the bid and complete all required contract documents.

          The following construction schedule is anticipated:

          • December 13 Contract awarded.

          • January 13 Contract documents completed.

          • January 30Work expected to begin.

          • March 3Work expected to be complete.

          Alternatives Available to Council

          The following alternatives are available to Council:

          1. Award a construction contract in the amount of $55,000 to Industrial Air Innovations for the construction of the City Hall Garage Fan Replacement Project, and adoption of Resolution R05-37, adjusting the Fiscal Year 2005-06 Budget.
          2. 2. Decline to Act.

            Conclusions and Recommendations

            Staff recommends that the City Council award a construction contract in the amount of $55,000 to Industrial Air Innovations for the construction of the City Hall Garage Fan Replacement Project, and adopt Resolution R05-37, adjusting the Fiscal Year 2005-06 Budget.

            Fiscal Impact

            Staff estimates the following costs for the project:

            Construction Costs

            $55,000

            Inspection/Administration

            $7,000

            Total

            $62,000

            The 2005-06 budget contains $25,093 for this project. In order to cover the total construction cost shown above, $36,907 is needed to increase the project budget to $62,000.

            Budget Resolution R05-37 has been prepared and is attached. The resolution transfers $37,000 from the Unobligated Capital Fund Balance to this project’s budget.

            Staff report prepared by:

            Floriza Rivera

            Public Works Department

          Agenda Item:8
          Meeting Date: 12/13/05

            TO:JAMES B. HENDRICKSON, CITY MANAGER

            FROM: ALLAN RIGG, PUBLIC WORKS DIRECTOR

            SUBJECT: PW-501-05; award a construction contract in the amount of $71,254.50 to John Simich Construction, Inc. for the construction of the Fall 2005 Curb and Gutter Project

            DATE: DECEMBER 13, 2005

            Introduction

            Should the City Council award a construction contract in the amount of $71,254.50 to John Simich Construction, Inc. for the construction of the Fall 2005 Curb and Gutter Project?

            Background and Analysis

            As part of the annual Capital Improvement Program, curb and gutter is replaced in order to promote safety or eliminate drainage concerns. This current project will take place in various locations throughout the City where complaints have been received, as well as in areas selected by staff. Please see the attached list of project locations.

            Staff advertised in F.W. Dodge, Bid America, and Daily Construction Services. Construction bids were opened November 14, 2005 at 10:30 a.m. The results are as follows:

            Contractor

            Bid

            John Simich Construction, Inc.

            $71,254.50

            Y&M Construction

            $78,834.00

            Simich Construction submitted the low bid for the project. In the past they have successfully completed various types of contract work for the City of Palos Verdes Estates. The work descriptions include, but are not limited to street work, sidewalks, curb and gutter, access ramps, manhole repair, and storm drain pipe replacement. Their work history indicates that they have completed many projects of similar size and scope in other cities, and are well equipped to construct this project.

            The following construction schedule is anticipated:

            • December 13 Contract awarded.

            • January 13 Contract documents completed.

            • January 30Work expected to begin.

            • March 3Work expected to be complete.

            Alternatives Available to Council

            The following alternatives are available to Council:

          1. Award a construction contract in the amount of $71,254.50 to John Simich Construction, Inc. for the construction of the Fall 2005 Curb and Gutter Project.

          2. Decline to Act.

          Conclusions and Recommendations

          Staff recommends that the City Council award a construction contract in the amount of $71,254.50 to John Simich Construction, Inc. for the construction of the Fall 2005 Curb and Gutter Project.

          Fiscal Impact

          The 2005-06 budget contains $147,705 for curb and gutter improvements. Staff estimates the following costs for the project:

          Construction Costs

          $71,254.50

          Inspection/Administration

          $7,000

          Total

          $78,254.50

          Therefore, sufficient funds are available for the project.

          Staff report prepared by:

          Floriza Rivera

          Public Works Department

          Agenda Item:9
          Meeting Date: 12/13/05

          TO:JAMES B. HENDRICKSON, CITY MANAGER

          FROM: ALLAN RIGG, PUBLIC WORKS DIRECTOR

          SUBJECT: PW-494-05; COMPLETION OF CONTRACT FOR THE FY 04/05 CITYWIDE OVERLAY PROJECT

          DATE: DECEMBER 13, 2005

          The Issue

          Should the City Council:

          1) Accept as complete the construction contract PW-494-05; FY 04/05 Citywide Overlay Project in the amount of $249,802.13; and

          2) Direct the City Clerk to file the Notice of Completion, and release the 10% retention 30 days after the County Recorder's office records the Notice of Completion, if no stop notices are filed?

          Background and Analysis

          On April 26, 2005, the City Council awarded a Contract in the amount of $241,499.90 to Hardy & Harper, Inc. for the completion of the FY 04/05 Citywide Overlay Project. This project consisted of removing and replacing deteriorated asphalt, edge grinding, and overlaying the surface with new asphalt. The following streets were overlaid:

          STREET NAME

          FROM

          TO

          Palos Verdes Drive West (PVDW)

          Paseo Lunado (north barrel)

          City Boundary

          WEST of PVDW

             

          Paseo del Mar

          Via Alvarado

          Via Segovia (s intersection)

          Paseo Lunado (south barrel)

          Via Anacapa

          Via Alvarado

          Via Anacapa

          Paseo Lunado (north barrel)

          Paseo Lunado (south barrel)

          Via Sola

          Via Alvarado

          Via Anacapa

          EAST of PVDW

             

          Via Rivera

          Paseo Lunado (north barrel)

          Via Victoria

          This project has now been satisfactorily completed in the amount of $249,802.13. A significant amount of cold milling was not needed and was deleted from the project scope. However, additional grinding and overlay work was required on a small portion of La Costa Place, to correct a drainage issue. The additional work increased the total project cost by 3.4%.

          Alternatives Available to Council

          The following alternatives are available to the City Council:

          1. Accept as complete the construction contract PW-494-05; FY 04/05 Citywide Overlay Project in the amount of $249,802.13, direct the City Clerk to file the Notice of Completion, and release the 10% retention 30 days after the County Recorder's office records the Notice of Completion, if no stop notices are filed.
          2. Decline to accept the project as complete.
          3. Recommendation from Staff

            Staff recommends that the Council:

            1) Accept as complete the construction contract PW-494-05; FY 04/05 Citywide Overlay Project in the amount of $249,802.13; and

            2) Direct the City Clerk to file the Notice of Completion, and release the 10% retention 30 days after the County Recorder's office records the Notice of Completion, if no stop notices are filed.

            Fiscal Impact

            The 2004-05 budget contains $271,405 for the overlay of City streets. Of that amount, $10,950 was used to complete the FY 2004-05 slurry seal project, leaving $260,455 for overlay activities. These are the costs for the overlay project:

            Construction Costs

            $249,802.13

            Inspection/Administration

            $9,300.00

            Total

            $259,102.13

            Therefore, the project budget is sufficient to cover the contract costs.

            Staff report prepared by:

            Floriza Rivera

            Public Works Department

            Agenda Item:10
            Meeting Date: 12/13/05

            TO:JAMES B. HENDRICKSON, CITY MANAGER

            FROM: ALLAN RIGG, PUBLIC WORKS DIRECTOR

            SUBJECT: PW-502-05; COMPLETION OF CONTRACT FOR THE MALAGA COVE BEACH ACCESS ROAD RETAINING WALL

            DATE: DECEMBER 13, 2005

            The Issue

            Should the City Council:

            1) Accept as complete the construction contract PW-502-05; Malaga Cove Beach Access Road Retaining Wall, in the amount of $73,000; and

            2) Direct the City Clerk to file the Notice of Completion, and release the 10% retention 30 days after the County Recorder's office records the Notice of Completion, if no stop notices are filed?

            Background and Analysis

            On September 13, 2005, the City Council awarded a Contract in the amount of $68,000 to Garcia Juarez Construction, Inc. for the completion of the Malaga Cove Beach Access Road Retaining Wall. This project consisted of installing a retaining wall to support the roadway on the east side of an existing culvert, near the rear entrance to the Beach and Athletic Club.

            This project has now been satisfactorily completed in the amount of $73,000. In order to complete the project to the standards of the City, a smaller retaining wall was constructed on the west side of the culvert. The contractor also removed debris from the culvert area and from the beach, graded the access road to the beach, hydro-seeded the hillside, placed riprap below the Beach Club, repaired a guard rail in the area, and constructed two drainage diversion humps. The additional work increased the total project cost by $5000 (7.4%).

            An observation report for construction of the wall was submitted by structural engineer and designer Mel Green after he reviewed 28-day concrete test results. The retaining wall concrete has met the design requirements, and he recommends acceptance of the project. Structural observation and testing costs were $813.67 for this project.

            Alternatives Available to Council

            The following alternatives are available to the City Council:

          4. Accept as complete the construction contract PW-502-05; Malaga Cove Beach Access Road Retaining Wall in the amount of $73,000, direct the City Clerk to file the Notice of Completion, and release the 10% retention 30 days after the County Recorder's office records the Notice of Completion, if no stop notices are filed.
          5. Decline to accept the project as complete.

          Recommendation from Staff

          Staff recommends that the Council:

          1) Accept as complete the construction contract PW-502-05; Malaga Cove Beach Access Road Retaining Wall in the amount of $73,000; and

          2) Direct the City Clerk to file the Notice of Completion, and release the 10% retention 30 days after the County Recorder's office records the Notice of Completion, if no stop notices are filed.

          Fiscal Impact

          The Budget for Fiscal Year 2005-06 contains $89,000 for this project. These are the project costs:

          Construction Cost

          $73,000

          Observation/Testing Costs

          $813.67

          Inspection/Administration

          $7,000

          Total

          $80,814.67

          Therefore, the project budget is sufficient to cover the contract costs. Funding for this project will be reimbursed by the Federal Emergency Management Agency. The City has already received a reimbursement of $38,797.

          Staff report prepared by:

          Floriza Rivera

          Public Works Department

          Agenda Item:13
          Meeting Date: 12/13/05

          TO:JAMES B. HENDRICKSON, CITY MANAGER

          FROM: ALLAN RIGG, PLANNING DIRECTOR

          SUBJECT: REQUEST TO APPEAL PLANNING COMMISSION APPROVAL OF NC-1207/GA-1376-05; NEIGHBORHOOD COMPATIBILITY AND GRADING APPLICATIONS FOR A NEW SINGLE FAMILY RESIDENCE LOCATED AT 3605 VIA LA SELVA. LOT 10, BLOCK 6103, TRACT 6887.

          APPLICANT: RUSS BARTO, AIA

          3 MALAGA COVE PLAZA #202

          PALOS VERDES ESTATES, CA 90274

          OWNER:MR. AND MRS. SEAN RICHARDSON

          3601 VIA LA SELVA

          PALOS VERDES ESTATES, CA 90274

          APPELLANT: MR. WILLIAM UM 3604 NAVAJO PLACE

          PALOS VERDES ESTATES, CA 90274

          DATE: DECEMBER 13, 2005

          The Issue

          Should the City Council confirm the Planning Commission’s decision to approve NC-1207/GA-1376-05; Neighborhood Compatibility and Grading applications for a new single-family residence located at 3605 Via La Selva, as conditioned?

          Background and Analysis

          This project consists of Neighborhood Compatibility and Grading applications for a new single family residence located at 3605 Via La Selva. The application proposes a 1,505 sq. ft. first floor, a 1,224 sq. ft. second floor and a 420 sq. ft. garage. Total proposed floor area is 3,149 sq. ft. Maximum allowed floor area is 3,421 sq. ft. on this 6,842 sq. ft. lot. Proposed grading is 600 cu. yds. with a maximum cut depth of 3.5 ft. Building coverage and lot coverage proposed are 28% (30% maximum allowed) and 52% (65% maximum allowed), respectively. Maximum building height proposed is 24 ft., which is within the maximum allowed height of 30 ft.

          History

          This project was originally reviewed by the Planning Commission on September 21, 2005. Various concerns were raised including the size and massiveness of the project, thus the application was continued. Revised plans were submitted and the project was again reviewed by the Planning Commission on November 15, 2005. The project was approved (4-0, Commissioner Perkowitz absent) with standard conditions and the following additional conditions:

          1) Trash yard shall be moved adjacent to garage;

          2) Five trees, 24 - inch box size, shall be planted with approval of City Forrester.

          Appeal

          The approval has now been appealed by William Um, resident of 3604 Navajo Place. The appeal purports that the proposed project does not comply with the Single Family Residential Guidelines. The appeal continues to state that the Planning Commission failed to hold a proper public hearing on this application by hearing the 3601 and 3605 Via La Selva applications concurrently.

          In the appeal, the appellant asserts that the proposed project is incompatible with the Single Family Residential Guidelines due to the impact on the neighborhood landscape resulting from the removal of trees on the subject lot. The appellant also claims the project is incompatible with the neighborhood based on the proposed floor area and floor area ratio, while expressing his concerns pertaining to privacy issues. The appellant concludes by describing his meeting with the applicant and architect, which he alleges did not address the concerns of the neighbors.

          The appeal includes the two public notices sent to property owners within 300 feet of the project, a photograph taken of the project site, Resolution No. 01-48 pertaining to the denial of a nearby project (201 Via Navajo), a summary of the 201 Via Navajo project, as well as, a presentation given on the 201 Via Navajo project. The appeal also includes the application documents, transcripts of the September 21, and November 15, 2005 Planning Commission meeting, along with copies of correspondence from neighbors and the architect.

          Correspondence Received

          At the November 15, 2005 Planning Commission meeting, two letters and one photograph were received opposing the project.

          Prior to the November 15, 2005 Planning Commission meeting, three letters were received opposing the project.

          At the September 21, 2005 Planning Commission meeting one letter and six photos were received opposing the project.

          Before the September 21, 2005 Planning Commission meeting, fourteen letters were received opposing the project.

          1. Findings Required to Approve

          PVEMC Section 18.36.045 states that in order to approve a Neighborhood Compatibility application, the following findings must be made by the City Council:

          1. That the proposed development is designed and will be developed to preserve the greatest extent practicable the natural features of the land, including the existing topography and landscaping:
          2. That the proposed development is designed and will be developed in a manner which will be reasonably compatible with the existing neighborhood character in terms of scale of development in relation to surrounding residences and other structures;
          3. That the proposed development is designed and will be developed in a manner which will preserve to the greatest extent practicable the privacy of persons residing on adjacent properties; and
          4. That the proposed development is designed and will be developed in a manner to the extent reasonably practicable so that it does not unreasonably interfere with neighbor’s existing views.

          PVEMC Section 18.24.065 states that a grading permit application shall not be approved if the Commission or Council finds:

          1.The proposed grading will unreasonably change the natural contours of the land;

          2.The proposed grading will create a hazard to the immediate or adjacent property; or

          The proposed grading will unreasonably interfere with the use and enjoyment of property by other persons in the city.

          CEQA Status

          This project is exempt from the California Environmental Quality Act (CEQA) pursuant to California Administrative Code Title 14, Chapter 3, Section 15303.

          Alternatives Available to Council

          The following alternatives are available to the City Council:

          1. Confirm the Planning Commission’s decision to approve NC-1207/GA-1376-05; Neighborhood Compatibility and Grading applications for a new single-family residence located at 3605 Via La Selva, as conditioned.
          2. Confirm the Planning Commission’s decision to approve NC-1207/GA-1376-05; Neighborhood Compatibility and Grading applications for a new single-family residence located at 3605 Via La Selva, with modifications.

          3. Overturn the Planning Commission’s decision and deny NC-1207/GA-1376-05; Neighborhood Compatibility and Grading applications for a new single-family residence located at 3605 Via La Selva.

          Recommendation from Staff

          Staff recommends that the City Council confirm the Planning Commission’s decision to approve NC-1207/GA-1376-05; Neighborhood Compatibility and Grading applications for a new single-family residence located at 3605 Via La Selva.

          Staff report prepared by:

          Brett Mascaro

          Planning Department

          Agenda Item:14
          Meeting Date: 12/13/05

          TO:JAMES B. HENDRICKSON, CITY MANAGER

          FROM: ALLAN RIGG, PLANNING DIRECTOR

          SUBJECT: ADOPTION OF ORDINANCE 05-664 ADOPTING THE 2004 California ELECTRICAL CodE.

          DATE: DECEMBER 13, 2005

          The Issue

          Should the City Council open the public hearing, receive public input, close the public hearing, and adopt Ordinance 05-664 adopting the 2004 California Electrical Code?

          Background and Analysis

          The City Council introduced proposed Ordinance 05-664 at the meeting of November 8, 2005. Staff proposes that the City Council adopt this Ordinance tonight.

          Every three years the California Building Standards Commission (BSC) updates the Uniform Codes governing construction practices in the State of California. Affected state agencies review these codes, amend them, and the BSC adopts them in the California Administrative Code, Title 24. After the State Code is published, every City and County throughout the state must adopt the Codes, with an opportunity to include more stringent local amendments based on local geological, topographical and/or climatic conditions.

          This proposed Ordinance includes the adoption of the California Electrical Code, 2004 Edition.

          The content of these Codes is nearly identical to the Codes previously adopted by the City, and there are no significant changes to technical issues, construction costs, or inspection needs.

          The City has previously adopted amendments to these Codes, primarily regarding geologic hazards. These amendments are still relevant and do not need to be modified. Staff is still analyzing the need for additional amendments and will approach the Council with these changes once our analysis is complete.

          Alternatives Available to Council

          The following alternatives are available to the City Council:

          1. Open the public hearing, receive public input, close the public hearing, and adopt Ordinance 05-664 adopting the 2004 California Electrical Code.
          2. Open the public hearing, receive public input, close the public hearing, and adopt Ordinance 05-664 adopting the 2004 California Electrical Code with modifications.

          3. Decline to act.

          Recommendation from Staff

          Staff recommends the Council open the public hearing, receive public input, close the public hearing, and adopt Ordinance 05-664 adopting the 2004 California Electrical Code.

          Fiscal Impact

          Building plan check and permit fees are paid to compensate the City for expenditures associated with these activities. As the changes in the Codes are minor, the fees collected will continue to match the expenditures, and there will be no net fiscal impact to the City.

          Item Number:15
          Meeting Date 12-13-05

          TO:HONORABLE MAYOR AND CITY COUNCIL

          FROM: JAMES B. HENDRICKSON, CITY MANGER

          SUBJECT: PALOS VERDES GOLF CLUB 2006 ANNUAL BUDGET

          DATE: NOVEMBER 21, 2005

          The Issue

          Shall the City Council approve the 2006 Annual Operating and Capital Improvement budget along with the specified fee increases, as proposed by the Palos Verdes Golf Club?

          Background

          The Concession Agreement with the Palos Verdes Golf Club stipulates that the Club shall prepare and deliver to the City a comprehensive budget for the next succeeding calendar year, together with a written request for approval by the City. The budget must include the estimated income by source, expenditures by major category of expense, and any and all requests for major capital expenditures or long-deferred maintenance items to be funded from the Club Improvement Fund. In addition, the Club must secure the concurrence of the City Council for any fee increases. The PVGC proposal has been reviewed by the Council Liaison Committee (Mayor Pro-Tem Flood, Councilman Sherwood and City Manager Hendrickson) at a meeting in early November 2005.

          Operating Budget

          A. FY 2005 v. Forecast

          2005 has been a difficult year for the Golf Club. The budget was put together on a "whim and a prayer" in that the Club anticipated that the Clubhouse would be torn down ~ January 1st, resulting in a severe decline in bar and restaurant revenues. The PVGC budgeted a 2/3 drop in banquet revenues (primarily the wedding business) and an overall 12.0% decrease in revenues.

          However, the Clubhouse Expansion Project was delayed. It did not get off the ground until September. As a result, revenue and expenditure forecasts for 2005 differ significantly from the budgeted numbers. Overall, the Club anticipates anet loss of $124,500 in the operating budget, as compared to the break-even budget that was put together a year ago (+ $101).

          Total revenues ($6,259,277) are projected at 5.5% above what was budgeted. This is an increase of $326,800. This is mainly attributable to a significant upswing in Food & Beverage (+ $251,900) and Other Income

          (+ $100,700).

          Total expenditures, on the other hand, are estimated to be 7.6% above what was budgeted (+ $451,400). The most significant overages are..

          • Total Cost of Sales -- $158,500. This is the offsetting factor to the increased revenues in Food & Beverage.
            • Total Payroll -- $169,800.
            • Total Operating Expenses -- $123,000.
            • B. FY 2006 Operating Budget

              Fortunately, the Club has a few months of experience with the operation of the Fairway Grill to make some projections on income and expense for 2006. Overall, the PVGC anticipates ~$2,000 net income under the proposed budget for 2006. This is slightly above break-even; but with an operating budget of ~$6.2 million, it only represents a margin of 0.03%.

              Budgeted revenues are anticipated to be 1.0% less than the 2005 forecast ($60,400 lower). The revenues are inclusive of the proposed dues and green fees increases in 2006.

              The budgeted expenditures are proposed as a 4.5% increase over the 2005 budget (+ $264,500). The largest cost increases are related to everything that is petroleum-based: gasoline, fertilizer, etc. In addition, the Club has factored in the 8.3% rate increase projected by the California Water Service Company. The increases are distributed as follows…..

              • Total Payroll -- $141,500. This amounts to a 4.9% increase over 2005.
                • Operating Expenses -- $117,300. This represents a 5.3% increase.
                • Dues and Green Fees Increases

                  For the upcoming year, the Club is requesting dues increases in the range of 4.7% to 5.3% for all categories of membership (see Attachment 2). This would elevate monthly dues to the following……

                  • Regular family (resident)-- $385
                  • Regular single (resident)-- $301
                  • Senior family (resident) -- $192
                  • Senior single (resident) -- $150
                  • Associate family (resident) -- $122
                  • Associate single ( resident)-- $83
                  • Green fees increases are consistently $5 per round, across-the-board. There is no category of membership that is treated differently.

                    Attachment 3 outlines the increases in dues over the past seven years –

                    2000 – 2006. This is provided for informational purposes only.

                    Capital Improvement Program

                    In 2005, the Club did a good job of staying within the overall budgeted expenditures of $150,000. In that the turnover in memberships was higher than what was budgeted, the Club experienced a windfall of $305,000. Thus, the closing fund balance as of 12-31-05 is projected to be $326,900 more than anticipated ($2,462,073).

                    In 2006, the PVGC has proposed expenditures that are within the 3% annual increase included in the 12 Year Cash Flow Projection for payment of the debt service on the Clubhouse Expansion Project. The "bottom-line" projected for 12-31-06 is quite positive. The Club is estimating a balance of $2,273,036 – which is some $1,225,000 higher than what was anticipated in the Cash Flow Projection.

                    Alternatives Available to City Council

                    1. Approve the 2006 Annual Budget and Dues Increases proposed by the Palos Verdes Golf Club. This would allow the Club to proceed in accordance with the plan approved by the Board of Directors and endorsed by the Council Liaison Committee.
                    2. Do not approve the 2006 Annual Budget and Dues Increases proposed by the Palos Verdes Golf Club. This would require the Board of Directors to reformulate the budget for the upcoming year to address any concerns expressed by the City Council.
                    3. Approve the 2006 Annual Budget and Dues Increases proposed by the Palos Verdes Golf Club subject to specified modifications. These would be as elaborated by the City Council.

                    Conclusions and Recommendations

                    It is recommended the City Council…..

                    1. Approve the 2006 Operating Budget and Capital Improvement Budget proposed by the Palos Verdes Golf Club Board of Directors and endorsed by the Council Liaison Committee (Attachment 1); and
                    2. Approve the Dues and Green Fees increases outlined on Attachment 2, to take effect January 1, 2006.

                    Budget Impact

                    The PVGC is a non-profit entity whose budget exists apart from the City. However, it pays a 10% concession fee to the City – estimated to be $555,803 in 2006.

                    Agenda Item:16
                    Meeting Date: 12/13/05

                    TO: JAMES B. HENDRICKSON, CITY MANAGER

                    FROM:ALLAN RIGG, PUBLIC WORKS DIRECTOR

                    SUBJECT:ADOPTION OF THE SEWER SYSTEM CONDITION ASSESSMENT AND UPDATED CAPITAL IMPROVEMENT PROGRAM

                    DATE:DECEMBER 13, 2005

                    The Issue

                    Should the City Council adopt the revised Sewer System Condition Assessment and Updated Capital Improvement Program by AKM Consulting Engineers?

                    Background and Analysis

                    On February 27, 2001, the City Council awarded a professional services agreement to AKM Consulting Engineers for the preparation of a Sewer Master Plan for all public sewers within the City. The report was completed and accepted by the City Council on June 11, 2002. The Master Plan included a Capital Improvement Program for sewers within the City, but based on a limited video inspection of 25% of the sewers within the City. The limited survey is a standard in the industry as many times the full survey is not needed for the master plan.

                    It was recommended by AKM that the main problem within the City was root intrusion into the pipes, and that the only means to determine the needs for the remainder of the sewer system, the other 75%, was to videotape these pipes. The videotaping was completed and the results forwarded to AKM to update the Sewer Master Plan and to provide an Updated Capital Improvement Program. These were completed recently and are being presented to the City Council for their review and acceptance.

                    The sewer system for the City of Palos Verdes Estates is comprised of a network of local sewer pipes, trunk sewer pipes, and four sewage pump stations. The trunk sewer pipes and two sewage pump stations are owned and maintained by the Los Angeles County Sanitation District. The local sewer pipes and two pump stations are owned by the City, and are maintained by the Los Angeles County Department of Public Works. Most of these pipes and pump stations were installed during the development of Palos Verdes Estates from forty to fifty years ago. These pipes and pumps will continue to age with time, and need to be rehabilitated or replaced before they fail.

                    Rehabilitations, repairs, and replacements performed to the trunk sewers or to the two Sanitation District pump stations are the responsibility of the Los Angeles County Sanitation District, and are funded through sewer fees paid to the District. Rehabilitations and replacements performed to the local sewers and the two City pump stations are the responsibility of the City, and are funded with City funds. Therefore, the City needs to know the condition of the local sewers, and to budget for their systematic rehabilitation and replacement.

                    The attached report contains plan for rehabilitations and replacements to the remaining 75% of the local sewers not addressed in the previous plan that are in very poor or poor condition. The plan is broken down into projects, which are typically the length of sewer between two manholes. Each project has a recommended method, or methods, for the project, with the associated projected costs. For some projects, there is both a cost for replacement using cut and cover and a cost for rehabilitation using an "in pipe" solution. The recommendations in the report will be used by the design engineer as a basis for his design, but the design engineer has the final authority to determine the appropriate method. Our experience with our previous sewer projects is that the recommendations in the Sewer Master Plan are very conservative and in most cases rehabilitation methods can be used, with minor spot repairs.

                    The report makes the following recommendations:

                    Capital Improvement Project Priorities

                    The capital improvement projects were selected primarily with consideration of safety and health of the public and protection of the environment by minimizing the possibility of overflows. The project priorities for improvements to the sewer collection system were based upon the following:

                    1. Structural condition based on CCTV reports – Very Poor and Poor Condition

                    The pipes classified as being in ‘Very Poor’ and/or ‘Poor’ condition were given the highest priority. These portions of the system have significant structural damage that may lead to sanitary sewer overflows. Some pipes classified as being in ‘Fair’ condition were included in the high priority projects if close in vicinity. The total length of high priority projects is estimated at 22,101 feet or about 5.5 percent of the entire collection system.

                    2. Pump Stations and Forcemains

                    The pump station facilities do not meet many current criteria, and are approaching the end of their useful lives. Failure of the pump stations will result in overflows unless maintenance crews can respond to emergencies rapidly. They should be replaced as soon as funding can be developed, following the improvements to the portions of the gravity system rated to be ‘Very Poor’ and ‘Poor’ condition.

                    3. Structural condition based on CCTV reports – Fair Condition. The pipes classified as being in ‘Fair’ condition were also included for rehabilitation in the Capital Improvement Program. These portions of the system have structural deficiencies to a lesser degree than the ‘Very Poor’ and ‘Poor’ categories, but should still be taken care of when possible. The total length of pipe in this category is estimated at 22,242 feet or about 5.5 percent of the entire collection system.

                    Capital Improvement Projects

                    The recommended Capital Improvement Program projects are detailed in Table 2 and illustrated on Figure 7. Table 2 includes estimated present (2005) cost of implementing each project. These estimates are based upon recent information for similar projects in the Los Angeles area, and include contingencies for this planning level study. Cost estimates are as follows:

                    Pipe Replacement = $25 per diameter inch / foot plus a 35% contingency

                    Pipe Relining = $75 per foot (contingency included)

                    Spot Repairs = $20,000 per location (contingency included)

                    Table 2 includes two costs: one for pipe replacement and one for pipe relining and spot repairs, if appropriate. If all pipes are replaced, the total CIP cost is estimated at about $17.0 Million. If some of the pipes are relined or spot repaired, the total CIP cost is estimated at about $13.6 Million.

                    The City Council adopted a program for funding repairs and upgrades to the sewer system in the amount of $1,500,000 per year over a ten-year period, for a total of $15,000,000. Out of this amount, $7,452,000 was slated for reconstruction/rehabilitation to existing pipes in very poor condition, and $1,000,000 for pipes in poor condition. The program would not address an additional $14,400,000 of sewers in poor condition.

                    To date, we have encumbered approximately $2,400,000 for reconstruction/rehabilitation of the 25% of the sewers identified to be in very poor and poor condition. We have been able to almost exclusively use rehabilitation methods which are significantly less expensive than reconstruction methods. The previously adopted master plan identified a cost of $5,900,000 for this work.

                    After spending the $2,400,000, there will be $6,060,000 remaining for the reconstruction/rehabilitation of sewers. The City Council will be considering a proposal for the design of the remaining 49,028 feet of pipes in poor and very poor condition this evening (the amount is rounded up to 50,000 to accommodate additional problematic pipes and the rehabilitation of pipes in between pipes identified by the report listed under priorities #1 and #3 above). Based on our previous successes using rehabilitation methods, we are hopeful to address all the remaining poor and very poor pipes with the remaining budget. If so, we would be significantly ahead of schedule and below budget for addressing the sewer problems in the City.

                    The next step in the sewer program after completing the pipe rehabilitation will be to procure an engineer for the design of the two pump station replacement projects.

                    Alternatives Available to Council

                    The following alternatives are available to the City Council:

                    1. Adopt the revised Sewer System Condition Assessment and Updated Capital Improvement Program.
                    2. Decline to Act.

                    Recommendation from Staff

                    Staff recommends that the Council adopt the revised Sewer System Condition Assessment and Updated Capital Improvement Program.

                    Staff report prepared by

                    Allan Rigg

                    Public Works Department



                    Agenda Item:17
                    Meeting Date12/13/05

                    TO:JAMES B. HENDRICKSON, CITY MANAGER

                    FROM: ALLAN RIGG, PUBLIC WORKS DIRECTOR

                    SUBJECT: AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF THE PHASE 3 SEWER REHABILITATION PROJECT

                    DATE: DECEMBER 13, 2005

                    The Issue

                    Should the City Council award a Professional Services Agreement to Psomas in the amount of $102,225 for the design of the Phase 3 Sewer Rehabilitation Project?

                    Background and Analysis

                    The sewer system for the City of Palos Verdes Estates is comprised of a network of local sewer pipes, trunk sewer pipes, and four sewage pump stations. Trunk sewer pipes and two pump stations are owned and maintained by the Los Angeles County Sanitation District. The local sewer pipes and two pump stations are owned by the City, and are maintained by the Los Angeles County Department of Public Works. Most of these pipes and pump stations were installed during the development of Palos Verdes Estates from forty to fifty years ago. They will continue to age with time, and will need to be rehabilitated or replaced before they fail.

                    In June, 2002, the City Council approved the Sewer Master Plan for all City-owned sewers and pump stations. The report contained a ten-year plan for rehabilitation and replacements to the local sewers, as well as the replacement of two sewage pump stations. A Sewer User Fee was subsequently adopted by the City Council to fund these projects with a revenue of approximately $1,500,000 per year. The City successfully completed the lining portion of the first-year sewer projects in FY 2004-2005, at a cost much less than conventional cut-and-cover costs. Given the savings this construction method provides, Psomas prepared construction plans for lining another 23,293 linear feet of 8-inch, 10-inch, and 12-inch sewer pipe in various City locations. These lines were considered in Poor or Very Poor condition in the Sewer Master Plan, and with traditional cut-and-cover construction methods they would have been rehabilitated for a much higher cost.

                    In November, 2004, City Council awarded a Professional Services Agreement to AKM Consulting Engineers in the amount of $54,900 to complete the condition assessment of the sewer system and update the Sewer Master Plan Capital Improvement Program. Their assessment is completed and staff has recommended its adoption at the December 13 Council Meeting. Psomas has submitted a proposal to design construction plans for next year’s projects based on the recommendations in the new Sewer Master Plan. The projects will include 50,000 linear feet of sewer pipes that are ranked in the worst condition in the City.

                    Psomas provided the City with a reasonable schedule and fee, and their knowledge of the City’s infrastructure makes them a strong consultant for this project. Staff has reviewed the proposal and recommends that Psomas be selected to complete the design.

                    A Request For Proposal (RFP) was not sent out for this project. Psomas was asked to provide a proposal for Phase 3 of the Sewer Rehabilitation Project, after successfully designing Phases 1 and 2. If staff were to use the same RFP selection process to solicit proposals for this project as was used for the design of the Phase 1 Sewer Rehabilitation Project, Psomas’ extensive experience with sewer design and inspection activities, and its experience in evaluating both traditional cut-and-cover and trenchless rehabilitation methods, would again be highly ranked and result in their selection. Their familiarity with the City infrastructure, from their work on previous contracts, is another of their company’s strengths. Staff believes that Psomas will do an excellent job in preparing construction plans for the third year of the sewer program, and they have proven this through the contracts the City has had with them up to this point.

                    Construction Item 7 on Psomas’ fee schedule, Assistance to the City during Construction, is an optional item which the City will exclude from this contract. The fee for Psomas’ services on this contract will be $102,225, listed as the "Not-to-Exceed Fee (Without Option)."

                    Alternatives Available to Council

                    The following alternatives are available to the City Council:

                    1. Award a Professional Services Agreement to Psomas in the amount of $102,225 for the design of the Phase 3 Sewer Rehabilitation Project.

                    2. Decline to Act.

                    Recommendation from Staff

                    Staff recommends that the Council award a Professional Services Agreement to Psomas in the amount of $102,225 for the design of the Phase 3 Sewer Rehabilitation Project.

                    Fiscal Impact

                    The Budget for Fiscal Year 2005-06 contains $2,000,000 for capital improvement work on the sewer system. Staff estimates the design would require 7% of the capital improvement budget or $140,000. The proposal of $102,225 is well within that amount.

                    Staff report prepared by

                    Floriza Rivera

                    Public Works Department