AGENDA RANCHO PALOS VERDES CITY COUNCIL, NOVEMBER 17, 2009

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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.

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AGENDA RANCHO PALOS VERDES CITY COUNCIL, NOVEMBER 17, 2009

AGENDA
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
NOVEMBER 17, 2009
FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD 
                                                    
__________________________________________   

Time Estimates:  The time noted next to an agenda item is only an estimate of the amount of time that will be spent during the meeting on that particular item.  Accordingly, these estimates should not be relied on in determining when a matter will be heard, especially since agenda items are often re-ordered during a meeting and may be discussed at any time.

6:00 P.M.       CLOSED SESSION: SEE ATTACHED BROWN ACT CHECK LIST FOR DETAILS.

7:00 P.M.       REGULAR SESSION                                

  (20 mins) CALL TO ORDER:                                                            

ROLL CALL:
                                                                                                NEXT RESOL. NO. 2009-81
                                                                                                NEXT ORDINANCE NO. 501
FLAG SALUTE:                  

MAYOR’S ANNOUNCEMENTS:  Remembrance of Mayor John C. McTaggart; and Recognition of Judy Mitchell, 2009 President of the League of California Cities

RECYCLE DRAWING:

APPROVAL OF AGENDA:

PUBLIC COMMENTS:  (This section of the agenda is for audience comments for items NOT on the agenda.)         

CITY MANAGER REPORT:  

NEW BUSINESS: 

   (5 mins) APPROVAL OF CONSENT CALENDAR:        

1.         Motion to Waive Full Reading
Recommendation: Adopt a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all Council Members after the reading of the title. 
                                        
2.         Approval of the Minutes (Morreale)
Recommendation: Approve the Minutes of the October 6, 2009 Regular Meeting.  

3.         City Hall Campus Generator System Installation Project (Motahari)
Recommendation: 1) Approve Plans and specifications for the subject project; 2) Award a construction contract for City Hall Campus Power Generator System Installation to Unique Performance Construction, Inc. in the amount not to exceed $209,500 for the base bid, plus $8,500 for Add Alternate 1 and authorize staff to spend an additional 10% ($21,800) for potential change orders which may result from unforeseen conditions for a total authorization of $239,800;
3) Authorize the Mayor and City Clerk to execute the construction contract with Unique Performance Construction, Inc.; and, 4) ADOPT RESOLUTION NO. 2009-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2009-40, THE CITY’S BUDGET APPROPRIATION FOR FISCAL YEAR 2009-10, FOR A BUDGET ADJUSTMENT TO THE CITY’S BUILDING REPLACEMENT/IMPROVEMENTS FUND IN THE AMOUNT OF $26,900.

4.         Approval of Annual Commercial Hauler Agreements for 2010 (Ramezani)
Recommendation: 1) Authorize the Mayor and the City Clerk to execute one year non-exclusive commercial refuse collection and disposal services agreements for 2010 with eleven haulers: Arakelian Enterprises, Inc., dba Athens Services; California Waste Services, LLC; CalMet Services, Inc.; Consolidated Disposal Service, LLC; Easy Roll Off Services; EDCO Disposal Corporation; JJK Roll-Offs, Inc.; S & H Disposal Company & Recycling Services; Universal Waste Systems, Inc.; USA Waste of California, Inc., dba Waste Management of Los Angeles; and, West Coast Waste & Roll Off Service; and,
2) ADOPT RESOLUTION NO. 2009-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, LIMITING THE NUMBER OF HAULERS AUTHORIZED TO PROVIDE SOLID WASTE COLLECTION AND RECYCLING SERVICES FROM COMMERCIAL PREMISES, AND ROLL OFF SERVICES TO RESIDENTIAL AND COMMERCIAL PREMISES IN THE CITY OF RANCHO PALOS VERDES IN CALENDAR YEAR 2010.

5.         Grant Agreement with the California State Coastal Conservancy (SCC) for Funds Related to the Purchase of Real Property (Upper Filiorum) (Rojas)
Recommendation: ADOPT RESOLUTION NO. 2009-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AUTHORIZING THE EXECUTION OF THE GRANT AGREEMENT BETWEEN THE CITY AND THE CALIFORNIA STATE COASTAL CONSERVANCY (SCC) AND AGREEING TO ALL OF THE AGREEMENT’S TERMS AND CONDITIONS RELATED TO THE SCC’S $5.5 MILLION GRANT FOR THE ACQUISITION OF 160.5 ACRES OF REAL PROPERTY KNOWN AS UPPER FILIORUM.

6.         Award Construction Contract for Catch Basin Improvements (Dragoo)
Recommendation:  1) Approve the Plans and Specifications for the construction of the Palos Verdes Drive East (PVDE) Storm Drain Catch Basin Improvements;
2) Award a Construction Contract to S.P. Pazargad Engineering Construction, Inc., in the amount of $68,475, for the construction of the PVDE Storm Drain Catch Basin Improvements, and authorize the expenditure of up to $10,000 for possible extra work; 3) Award a contract for professional services to KOA Corporation/CBM Consulting in the not to exceed amount of $17,000 for Construction Management and Inspection services; and, 4) Authorize the Mayor and City Clerk to execute the contracts with S.P. Pazargad Engineering Construction, Inc. and KOA Corporation/CBM Consulting.

7.         Notice of Completion – McCarrell Canyon Storm Drain Project (Holland)
Recommendation: 1) Accept the work as complete; 2) Authorize the City Clerk to file a Notice of Completion with the County Recorder; and if no claims are filed within 35 days after recordation, notice the surety company to exonerate the Payment and Performance bonds; and; 3) Authorize the Director of Public Works to release the remaining 5% retention payment, to Cedro Construction, Inc. 35 days after recordation of the Notice of Completion by the County Recorder contingent upon no claims being filed on the project bond.

8.         Sewer System Report (Dragoo)
Recommendation: 1) Receive and file the Sewer Master Plan Update;
2) ADOPT RESOLUTION NO. 2009-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2009-40, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2009-10, FOR A BUDGET ADJUSTMENT IN THE AMOUNT OF $55,000 TO THE CITY’S SEWER MAINTENANCE – PROFESSIONAL TECHNICAL SERVICES PROGRAM (ACCOUNT NUMBER 101-3026-431-32-00); and,
3) Authorize the Mayor and City Clerk to execute a contract with Harris and Associates (Attachment D) for the purpose of developing funding options for citywide sewer maintenance and sewer capital improvements.

8A.      Claim Against the City by Phil Friedl (Gyves)
Recommendation: Reject the claim and direct staff to notify the claimant.

9.         Register of Demands (McLean)
Recommendation:  ADOPT RESOLUTION NO. 2009-__, A RESOLUTION OF 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.

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PUBLIC HEARINGS:

(15 mins)  10.       Approve the Maximum Residential Solid Waste Rates for Service Area 1, Approve the Solid Waste Agreement and Authorize the Mayor and City Clerk to Execute the Residential Solid Waste Agreement Approved by the City Council (Ramezani)
Recommendation: 1) Approve the maximum rates that EDCO Disposal Corporation can charge single-family customers in FY 10-11, for Service Area 1, as set forth in Exhibit 4; 2) Approve the maximum rates that EDCO Disposal Corporation can charge multi-family customers in FY 10-11, for Service Area 1, as set forth in Exhibit 4; and, 3) In accordance with prior City Council direction, authorize the Mayor and City Clerk to execute the exclusive residential solid waste agreement with EDCO Disposal Corporation, for Service Area 1, with services effective July 1, 2010.
 
(10 mins)  11.       Approval of Amendment and Residential Solid Waste Rates for Service Area 2 (Ramezani)
Recommendation: 1) Approve First Amendment to Universal Waste Systems, Inc.’s negotiated agreement; 2) Approve the maximum rates that Universal Waste Systems, Inc. can charge single-family curbside and single-family backyard customers in FY 10-11, for Service Area 2, as set forth in Exhibit 4; and, 3) Approve the maximum rates that Universal Waste Systems, Inc. can charge multi-family customers in FY 10-11, for Service Area 2, as set forth in Exhibit 4.

PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:

REGULAR NEW BUSINESS:

(45 mins)  12.       Conceptual Recreation Designs for Grandview and Lower Hesse Parks
(Waters/Mihranian)

Recommendation: 1) Approve conceptual improvement plans for Grandview Park and Lower Hesse Park and direct staff to prepare design plans for Lower Hesse and Grandview Park; and, 2) ADOPT RESOLUTION NO. 2009-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AUTHORIZING STAFF TO EXPEND AN AMOUNT NOT TO EXCEED $50,000, TO FUND COMPLETION OF THE CONCEPTUAL DESIGN.

(15 mins)  13.       Location for a Dog Park on the Peninsula (Clark)
Recommendation: Continue to pursue the concept of dog park(s) on the Peninsula as proposed by Mayor Clark.

(30 mins)  14.       Civic Center Master Plan (Petru)
Recommendation: Initiate a formal Master Plan of the Civic Center site by taking the following actions: 1) Authorize staff to retain the services of LPA to prepare space program and parking needs analysis for City Hall;  2) Authorize staff to retain the services of Melendrez to advise the City on site planning issues; 3) Authorize staff to return with a professional services agreement with Magis Advisors, the  City’s financial advisor, to assist the City in the development of funding alternatives for   the Civic Center Project, including the replacement of City Hall; and, 4) Establish a dedicated Civic Center Reserve within the Capital Improvement Projects (CIP) Fund to enable  partial funding of the Civic Center Project  and direct staff to return to Council at the Midyear Budget Review with a recommendation of an amount to transfer from General Fund Reserves to  initially fund the dedicated Civic Center Reserve, as well as the criteria for on-going contributions to the Reserve.

(20 mins)  15.       Health Insurance Contributions (Mausser)
Recommendation: ADOPT RESOLUTION NO. 2009-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING THE CITY’S MAXIMUM MONTHLY CONTRIBUTION AMOUNTS FOR EMPLOYEE HEALTH INSURANCE PREMIUMS.

(20 mins)  16.       Retirement Health Savings Plan (Singer)
Recommendation:  Authorize the Mayor to sign plan documents substantially similar to the attached Basic Plan Document , the Basic Plan Document Adoption Agreement, the  MG Trust Company, LLC Public Employer VEBA Trust Agreement, the OptumHealth Financial Services Master Service Agreement and the Schedule of VEBA and Health Reimbursement Arrangement (VEBA/HRA) and Recordkeeping Administrative Services upon final review and approval by the City’s special counsel; 2) Approve Resolution No. __, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOSVERDES, AMENDING RESOLUTION 2009- 40, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2009-10, FOR A BUDGET ADJUSTMENT TO THE CITY’S GENERAL FUND AND EMPLOYEE BENEFITS FUND; 3) Approve Resolution No. ___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING A RETIREMENT HEALTH SAVINGS PLAN.

(20 mins)              17.       Updated NCCP Preserve Management Agreement between the City and the Palos Verdes Peninsula Land Conservancy (PVPLC) (Rojas)   
Recommendation: Authorize the Mayor to sign an updated Management Agreement between the City and PVPLC which clarifies the current on-going management responsibilities of each party.

 (20 mins)             18.       TOT Ballot Measure Process (Clark)
Recommendation:  Consider follow up with County Clerk’s Office regarding the TOT Ballot Measure process.

(10 mins)     CITY COUNCIL ORAL REPORTS: (This section of the agenda is designated for oral
reports from Council Members to report action taken at outside committee and
association meetings.)

(5 mins)    COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:

CLOSED SESSION REPORT:

ADJOURNMENT:  Adjourn to a time and place certain only if you wish to meet prior to the next regular meeting. 

CLOSED SESSION AGENDA CHECKLIST
Based on Government Code Section 54954.5

(All Statutory References are to California Government Code Sections)

Existing Litigation:
G.C. 54956.9(a)

Name of Case:   Monks v. City of Rancho Palos Verdes, Los Angeles County Superior Court.  Case No. YS010425.

Potential Litigation:
            G.C. 54956.9(b)

A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below-described facts and circumstances, there is a significant exposure to litigation against the City:

Based on an email from Raymond Green, attorney for Mr. and Mrs. Kuljis, dated November 12, 2009.  A copy of the email from Raymond Green documenting the potential claim is on file in the City Clerk’s Office.   

Potential Initiation of Litigation

                                    G.C. 54956.9(c)

The City Council is meeting to decide whether to initiate litigation against the County of Los Angeles and the Los Angeles County Registrar-Recorder/County Clerk regarding the County’s possible failure to provide the sample ballot materials to certain voters prior to or along with the absentee ballots. 

American with Disabilities Act: In compliance with the Americans with Disabilities Act of 1990, if you require a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk’s Office at 310 544-5208 at least 48 hours prior to the meeting. 

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.