|
DISCLAIMER
BEGINNING
OF CITY COUNCIL AGENDA
This agenda has been prepared to provide for the orderly progression of City business. Detailed staff reports on specific items are posted in the hallway for public viewing. The City Council wants to hear your comments, however, to run the meeting efficiently, please observe the following rules when you participate in the meeting. Please try to submit your REQUEST TO ADDRESS THE CITY COUNCIL form to the City Clerk prior to the start of the meeting. You will be called at the appropriate time to make your remarks. For the sake of efficiency, the City Council agenda is divided into several sections: Consent Calendar: This section consists of routine items which, unless a request has been received from the public, council or staff to remove a particular item for discussion, are enacted by one motion of the City Council. If you wish to speak to any Consent Calendar item(s) you will be limited to three minutes. Public Hearings: This section is devoted to noticed hearings. Although the normal time limit is three minutes for each speaker, the Mayor may grant additional time to a representative speaking for an entire group; however, this should not discourage anyone from addressing the City Council individually. Regular Business: This section contains items of general business and you will be allowed three minutes to speak on any item. Public Comments: This part of the agenda is reserved for making comments on matters which are NOT on the agenda. If you have submitted a request to speak, you will be called by the City Clerk at the appropriate time and you may speak for up to three minutes. Please limit your comments to matters within the jurisdiction of the City Council. Due to State law, no action can be taken on matters brought up under Public Comments. If action by the City Council is necessary, the matter may be placed on a future agenda or referred to staff, as determined by Council. Please make your remarks at the lectern microphone and direct your comments to the City Council and not to the staff or the public. Conduct at the Council Meeting: The City Council has adopted a set of rules for conduct during City Council meetings. The following is an excerpt from those adopted Rules of Procedure: Section 6.3The Mayor shall order removed from the Council Chambers any person(s) who commits the following acts at a regular or special meeting of the City Council: 1.Disorderly, contemptuous or insolent behavior toward the Council or any member thereof, tending to interrupt the due and orderly course of said meeting. 2.A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. 3.Disobedience of any lawful order of the Mayor which shall include an order to be seated or to refrain from addressing the Council. 4.Any other unlawful interference with the due and orderly course of the meeting. RANCHO PALOS VERDES CITY COUNCIL OCTOBER 3, 2000 FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD 6:00 P.M.CLOSED SESSION. PLEASE SEE ATTACHED BROWN ACT CHECKLIST FOR DETAILS. 7:00 P.M.REGULAR SESSION CALL TO ORDER: ROLL CALL: FLAG SALUTE: NEXT RESOL. NO. 2000-63 NEXT ORD. NO. 361 RECYCLE DRAWING: APPROVAL OF AGENDA: APPROVAL OF CONSENT CALENDAR: 1.Motion to waive full reading.
2.Claim Against the City by Brett and Suellen Walker. (Purcell)
3.Acceptance of the Various Bonded Improvements Associated with the Development of Tract 46651 (Seabreeze). (McBride)
4.Height Variation No. 905, Grading Permit No. 2195, Minor Exception Permit No. 567, Site Plan Review No. 8839, Coastal Permit No. 164 and Zone Change No. 29; 42 Seacove Drive (Mr. and Mrs. Richard Carl). (Mihranian)
5.Appeals of Conditional Large Domestic Animal Permit No. 1. (Fox) (Applicants: James York and Natalie York, "Lower Filiorum" property; Appellants: Betty Strauss, et al. and James York).
6.Update to the City’s Conflict of Interest Code – Amendment to Designated Positions and Legislative Changes. (Purcell)
7.August 2000 Treasurer’s Report. (Burton)
8.Register of Demands. (McLean)
############ REGULAR BUSINESS: 9.Fiscal Year 2000-2001 Diversion Program Additions. (Ramezani)
10.Peafowl Population Assessment Service Contract. (Park)
RECESS: PUBLIC COMMENTS: (at approximately 8:40 P.M.) (This section of the agenda is for audience comments on items NOT on the agenda.) 11.FAA Aviation Noise Abatement Policy 2000. (Evans)
12.Proposed Acquisition of the Tidemark Solutions Permit Tracking System. (Snow)
13.Purchase of Software and Support Service to Automate the Maintenance Activities of the Public Works Department. (Allison)
14.Palos Verdes Drive East and Bronco Drive Storm Drain Project. (McBride)
15.Agreement with the City of Palos Verdes Estates for the Construction of Storm Drain Improvements. (Allison)
CLOSED SESSION REPORT: ORAL CITY COUNCIL REPORTS: (This section designated to oral reports from councilmembers who wish/need to report on Council assignments.) ADJOURNMENT: Adjourn to Saturday, October 7, 2000 at 9:00 a.m. for the Community Leaders’ Breakfast. CLOSED SESSION AGENDA CHECKLIST Based on Government Code Section 54954.5 (All Statutory References are to California Government Code Sections) CONFERENCE WITH REAL PROPERTY NEGOTIATOR G.C. 54956.8 Property: 30940 Hawthorne
Boulevard, APN #7573-002-908, 909, 910, 913 Negotiating Parties: York Long Point Associates and Destination Resorts Under Negotiation: Price and Terms of Payment CONFERENCE WITH REAL PROPERTY NEGOTIATOR G.C. 54956.8 Property: Agua Armaga
Parcels 7583-022-008, 7583-022-011; City Negotiators:City Manager; City Attorney; and, Director of Planning, Building and Code Enforcement Negotiating Parties:Palos Verdes Peninsula Land Holdings and York Long Point Associates Under Negotiation: Price and Terms of Payment CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation: (G.C. 54956.9(b) _X_A point has been reached where, in the opinion of the City Council/ Agency on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City Council/Agency based on _X_ A statement made by Ken Zuckerman to Dean Allison on 9/28/00 outside an open meeting of City/Agency regarding The Ocean Trails Project And a record of the statement was made: _X_ byDean Allison, Director of Public Works prior to the meeting and is available for public inspection in the City Clerk’s office. 
1.Motion to waive full reading.
2.Claim Against the City by Brett and Suellen Walker. (Purcell)
TO:HONORABLE
MAYOR & CITY COUNCIL MEMBERS RECOMMENDATION Reject the claim and direct the City Clerk to notify the claimant. BACKGROUND This claim stems from the storm that occurred the weekend of March 3rd and 4th. The subject property is located at the end of the Tarapaca Road cul-de-sac which forms the driveway for three residences. Heavy rains coupled with debris washed down this street and combined to block or inundate the storm drain in this location. Coupled with run-off from nearby hillsides, the end of the claimants’ driveway and slope were damaged. Carl Warren & Co. has inspected this site and has advised the City to reject the claim. Respectfully submitted, Jo Purcell Reviewed: Les Evans, City Manager
3.Acceptance of the Various Bonded Improvements Associated with the Development Of Tract 46651 (Seabreeze). (McBride)
TO:HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL Staff Coordinator:David McBride, Senior Engineer RECOMMENDATION 1.Accept as complete the bonded improvements, as outlined below, in accordance with the subdivision agreement for Tract 46651 with Rancho Palos Verdes, L.L.C. c/o Pacific Heritage Homes, Inc.. 2.Approve the reductions of the various faithful performance bonds, in accordance with subdivision agreement, as outlined below. 3.Authorize the Director of Public Works and the City Clerk to inform the bonding company of the partial reductions of the various faithful performance bonds. 4.Approve a License Agreement and Encroachment Permit with the homeowner’s association known as the Seabreeze Palos Verdes Maintenance Corporation for maintenance of the entry median and roadway paving stones and authorize the Mayor and City Clerk to execute the Agreement. BACKGROUND On September 16, 1997, a subdivision agreement was approved between the City and Rancho Palos Verdes, L.L.C. This agreement required the developer to post faithful performance and payment bonds associated with constructing the improvements stipulated in the conditions of approval for Tract 46651. The developer, Rancho Palos Verdes, L.L.C., has informed us that they have completed and has requested that the City accept the improvements and make the appropriate reductions to the various performance bonds in accordance with the subdivision agreement. DISCUSSION The subdivision agreement required submission of faithful performance and payment bonds covering 100% and 50% of the cost of the respective areas of improvement as shown below. Upon acceptance of the improvements, the subdivision agreement states that the performance bonds be reduced to 10% of the original value and this 10% amount will be retained, as a warranty, for a period of one-year. Staff, after reviewing the developer’s progress, is recommending acceptance of the improvements and reductions in the performance bonds to the retained percentages/amounts shown below.
*It is standard practice to not require payment bonds for grading and survey monumentation because of the nature of the work as defined in the Subdivision Map Act. In accordance with the subdivision agreement there are no recommended reductions in the payment bonds since they must be retained for a period of six-months after acceptance of the improvements after which time they can be released in full provided there are no outstanding liens made against the improvements. A more specific status report on the areas of improvement and the recommended percentage reductions is as follows: Grading:Grading is complete and should be accepted as complete. A portion (10%) of the bond should remain through the subsequent completion of the one-year warranty period. Streets:All streets within the subdivision are complete and should be accepted as complete. Upon acceptance, the streets within this subdivision become public rights-of-way. A portion (10%) of the bond should remain through the subsequent completion of the one-year warranty period. Storm Drains:Staff has received verification of acceptance of the storm drains by the Los Angeles County Flood Control District and therefore the storm drain system should be accepted as complete. A portion (10%) of the bond should remain through the subsequent completion of the one-year warranty period. Sewers:Staff has received verification of acceptance by the Los Angeles County Sewer Maintenance District and therefore the sewerage system should be accepted as complete. A portion (10%) of the bond should remain through the subsequent completion of the one-year warranty period. Detention Basin:The detention basin has been completed per the approved plans and therefore should be accepted as complete. This drainage facility is the responsibility of the homeowner’s association. Traffic Signal:The conditions of approval for Tract 46651 require that the developer maintain this bond for a period of five-years after acceptance of all improvements. The bond may be used to construct a traffic signal at either of two locations on Crest Road adjacent to the development as deemed necessary by the City. Accordingly 100% of the bond amount will be retained until utilized or expiration on October 3, 2005. Street Repair:All streets within the subdivision are complete and therefore the street repair bond can be considered accepted. A portion (10%) of the bond should remain through the subsequent completion of the one-year warranty period. Survey Monumentation:Setting and recordation of final lot corners survey monuments and street centerline ties are complete and should be accepted as complete. A portion (10%) of the bond should remain through the subsequent completion of the one-year warranty period. Common Area Improvements:The common area improvements are complete and therefore should be accepted as complete. A portion (10%) of the bond should remain through the subsequent completion of the one-year warranty period. License Agreement and Encroachment Permit: The entry road to the Seabreeze subdivision (i.e., Sea Terrace Avenue) was constructed with certain improvements that consist of a landscaped and irrigated raised median and two rows of paving stones within roadway surface that the homeowner’s association is required to maintain. Upon acceptance of the streets by the City, these improvements will be within the public right-of-way and therefore a License Agreement and Encroachment Permit was developed that explicitly defines the association’s responsibilities for maintaining these improvements within the public right-of-way. The homeowner’s association, Seabreeze Palos Verdes Maintenance Corporation, has approved the License Agreement and Encroachment Permit, which is attached as Exhibit "A". Staff recommends that the City Council approve the License Agreement and Encroachment Permit with the HOA. CONCLUSIONS Because the developer has completed certain construction items, outlined above, for which faithful performance bonds were posted, it is recommended that the improvements be accepted as complete, the bonds be reduced to 10% of their value, and that 10% amount be retained for a one-year warranty period as stipulated in the subdivision agreement. Upon completion of the one-year warranty period the 10% warranty amount can be released. Because the Seabreeze Palos Verdes Maintenance Corporation (HOA) will maintain various improvements within public rights-of-way, upon the City’s acceptance of the streets, it is warranted that an Agreement between the City and HOA defining maintenance responsibilities be established. ALTERNATIVE The Council may wish not to reduce any of the bonds submitted for this development. However, considering that the improvements are complete, acceptance of the improvements as complete and a reduction in bond amounts would be appropriate. FISCAL IMPACT The recommended actions do not have a fiscal impact. The remaining amounts of the bonds will be held for a one-year warranty period. Respectfully submitted, Dean Allison, Director of Public Works Reviewed Les Evans, City Manager
4.Height Variation No. 905, Grading Permit No. 2195, Minor Exception Permit No. 567, Site Plan Review No. 8839, Coastal Permit No. 164 and Zone Change No. 29; 42 Seacove Drive (Mr. and Mrs. Richard Carl). (Mihranian)
TO:HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL Staff Coordinator: Ara Michael Mihranian, Associate Planner RECOMMENDATION 1) Adopt Ordinance No. 360 amending the City’s Official Zoning Map with the seaward adjustment of the Coastal Setback Line to the top of the bluff; and 2) Adopt Resolution No. __, conditionally approving the demolition of an existing 5,283 square foot single-family residence for the construction and related grading, of a new 9,244 square foot, two-story, single-family residence, on property located at 42 Seacove Drive. DISCUSSION On September 19, 2000 the City Council conducted a duly noticed public hearing to consider public testimony for the subject applications. After considering all relevant information, the City Council introduced Ordinance No. 360, enacting Zone Change No. 29, and directed Staff to bring back a Resolution at tonight’s meeting, conditionally approving the development applications directly related to the Zone Change Ordinance. The adoption of the Ordinance and Resolution at tonight’s meeting will commence the ten (10) day appeal period to the California Coastal Commission. A Notice of Decision will be sent by Staff, via certified mail, to the Coastal Commission and other interested parties regarding the Council’s decision. CONCLUSION Staff recommends that the City Council adopt Ordinance No. 360 enacting Zone Change No. 29 and adopt Resolution No. __, conditionally approving Height Variation No. 905, Grading Permit No. 2195, Minor Exception Permit No. 567, Site Plan Review No. 8839 and Coastal Permit No. 164. Respectfully submitted: Joel Rojas, aicp, Director of Planning, Building and Code Enforcement Reviewed: Les Evans, City Manager ATTACHMENTS: Ordinance No. 360 Exhibit "A" – Legal Description Resolution No. __ Exhibit "A" – Conditions of Approval ORDINANCE NO. 360 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING THE CITY’S ZONING MAP BY A SEAWARD ADJUSTMENT OF THE COASTAL SETBACK LINE FROM ITS CURRENT LOCATION TO THE TOP OF THE BLUFF ON PROPERTY LOCATED AT 42 SEACOVE DRIVE. WHEREAS, on March 16, 2000 Zone Change No. 29 and related development applications were submitted to the Planning Department by the property owners, Mr. and Mrs. Richard Carl, of 42 Seacove Drive, to amend the City’s Official Zoning Map with the seaward adjustment of the Coastal Setback Line to the top of the bluff; and, WHEREAS, on April 13, 2000 Staff conducted an initial review of the applications and the architectural drawings submitted to the Planning Department and deemed them incomplete for processing, identifying concerns with the proposed development as it relates to the size of the structure and its overall mass and bulk; and, WHEREAS, on May 31, 2000 the City’s Geotechnical Engineer reviewed and conditionally approved the applicants’ geotechnical reports and studies; and, WHEREAS, on June 8, 2000 the City Council initiated the applicants’ Zone Change request to consider amending the City’s Zoning map with the seaward adjustment of the existing Coastal Setback Line to the top of the bluff. The City Council referred the applicants’ Zone Change request, along with the related development applications, to the Planning Commission for its review and recommendation; and, WHEREAS, after several meetings attended by Staff and the property owners and their architect, revised plans were submitted and deemed complete for processing on June 26, 2000; and, WHEREAS, on June 27, 2000, the required public notices for the August 8, 2000 Planning Commission meeting were mailed to property owners within a 500 foot radius of the subject property, and a notice was published in the Peninsula News on June 27, 2000; and, WHEREAS, after notice was given pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission conducted a public hearing on August 8, 2000, at which time all interested parties were given an opportunity to be heard and present evidence regarding the subject development applications and said amendment to the City’s Zoning Map as it pertains to the seaward adjustment of the Coastal Setback Line to the top of the bluff; and, WHEREAS, pursuant to the provisions of the California Quality Act, Public Resources Code Section 21000 et.seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et.seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(F) (Hazardous Waste and Substances Statement), the Planning Commission found no evidence that Height Variation No. 905, Grading Permit No. 2195, Minor Exception Permit No. 567, Site Plan Review No. 8839, Coastal Permit No. 164 and Zone Change No. 29, would have a significant effect on the environment and, therefore the proposed project has been found to be categorically exempt (Class 3, Section 15303(a)); and, WHEREAS, at their August 8th meeting, after hearing public testimony the Planning Commission adopted a motion, with a vote of 3-2, Commissioners Paulson and Long dissenting, forwarding a recommendation of approval to the City Council, as it pertains to the applicants’ Zone Change request and related development applications; and, WHEREAS, on August 30, 2000, the required notices were mailed out to property owners within a 500’ radius of the subject property informing them of the proposed project and the scheduled City Council public hearing on September 19, 2000. Furthermore, a notice was published in the Peninsula News on September 2, 2000; and, WHEREAS, after notices issued pursuant to the requirements of Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing on September 19, 2000, at which all interested parties were given the opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND ORDER AS FOLLOWS: Section 1:The City Council has reviewed and considered the applicants’ Zone Change request to adjustment of the Coastal Setback Line to the top of the bluff on property located at 42 Seacove Drive. Section 2:The City Council finds that the amendment to the City’s Official Zoning Map of Title 17 of the Municipal Code is consistent with California Government Code Section 65853, because the zoning amendment procedures referred to therein have been followed. Section 3:The City Council finds that the Zone Change is consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan because it is not changing any land use on the property and instead is simply amending the City’s Official Zoning Map by adjusting the Coastal Setback Line on the subject property, based upon a thorough geotechnical review of the site. Section 4:The City Council has reviewed and considered the applicants’ Zone Change request and hereby amends the City’s Official Zoning Map with the seaward adjustment of the Coastal Setback Line to the top of the bluff, as described in detail in Exhibit "A" Section 5: The Official Zoning Map of the City of Rancho Palos Verdes Municipal Code is hereby amended by having noted thereon the following information: "On October 3, 2000, By Ordinance No. 360 the following change was made on the Official Zoning Map: the Coastal Setback Line is hereby relocated to the top of the bluff on property located at 42 Seacove Drive." Section 6:The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be posted in the manner prescribed by law. PASSED, APPROVED and ADOPTED this 3rd day of October, 2000. Mayor ATTEST: City Clerk State of California) County of Los Angeles) ss City of Rancho Palos Verdes) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Ordinance No. 360 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on October 3, 2000. City Clerk RESOLUTION NO. 2000-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, HEIGHT VARIATION NO. 905, GRADING PERMIT NO. 2195, MINOR EXCEPTION PERMIT NO. 567, SITE PLAN REVIEW NO. 8839, AND COASTAL PERMIT NO. 164 TO ALLOW THE DEMOLITION OF AN EXISTING 5,283 SQUARE FOOT SINGLE-FAMILY RESIDENCE AND SWIMMING POOL/SPA FOR THE CONSTRUCTION OF A NEW, 9,244 SQUARE FOOT (GARAGE INCLUDED), TWO-STORY, SINGLE-FAMILY RESIDENCE AT A HEIGHT OF 24’-9" AS MEASURED FROM THE LOWEST FINISHED GRADE COVERED BY STRUCTURE (196’) TO THE TOP OF THE HIGHEST ROOF RIDGELINE (220.75’), AND 19’-9" IN HEIGHT, AS MEASURED FROM THE HIGHEST NATURAL GRADE COVERED BY STRUCTURE (201’) TO THE TOP OF THE HIGHEST ROOF RIDGELINE (220.75’). ADDITIONALLY, SAID APPROVALS INCLUDE THE CONSTRUCTION OF A NEW SWIMMING POOL/SPA, 12’ HIGH PATIO TRELLIS, 250 CUBIC YARDS OF ASSOCIATED GRADING, AND A NEW 6’ COMBINATION FENCE/WALL ALONG THE FRONT PROPERTY LINE ON PROPERTY LOCATED WITHIN THE CITY’S DESIGNATED APPEALABLE COASTAL DISTRICT, AT 42 SEACOVE DRIVE. WHEREAS, on March 16, 2000 the subject applications, Height Variation No. 905, Grading Permit No. 2195, Minor Exception Permit No. 567, Site Plan Review No. 8839, Coastal Permit No. 164 and Zone Change No. 29, were submitted to the Planning Department by the property owners, Mr. and Mrs. Richard Carl, of 42 Seacove Drive, to allow the demolition of an existing 5,283 square foot single-family residence and swimming pool/spa for the construction of a new two-story, 9,244 square foot, single-family residence with a new pool/spa, 12’ high patio trellis, 250 cubic yards of associated grading, a 6’ high combination fence/wall along the front property line within the City’s designated Appealable Coastal District. Additionally the applicants request include a Zone Change to amend the City’s Zoning Map with the seaward adjustment of the Coastal Setback Line to the top of the bluff; and, WHEREAS, on April 13, 2000 Staff conducted an initial review of the applications and the architectural drawings submitted to the Planning Department and deemed them incomplete for processing, identifying concerns with the proposed development as it relates to the size of the structure and its overall mass and bulk; and, WHEREAS, on May 31, 2000 the City’s Geotechnical Engineer reviewed and conditionally approved the applicants’ geotechnical reports and studies; and, WHEREAS, after several meetings attended by Staff and the property owners and their architect, revised plans were submitted and deemed complete for processing on June 26, 2000; and, WHEREAS, on June 27, 2000, the required public notices for the August 8, 2000 Planning Commission meeting were mailed to property owners within a 500 foot radius of the subject property, and a notice was published in the Peninsula News on June 27, 2000; and, WHEREAS, after notice was given pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission conducted a public hearing on August 8, 2000, at which time all interested parties were given an opportunity to be heard and present evidence regarding the subject development applications and said amendment to the City’s Zoning Map as it pertains to the seaward adjustment of the Coastal Setback Line to the top of the bluff; and, WHEREAS, pursuant to the provisions of the California Quality Act, Public Resources Code Section 21000 et.seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et.seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(F) (Hazardous Waste and Substances Statement), Staff found no evidence that Height Variation No. 905, Grading Permit No. 2195, Minor Exception Permit No. 567, Site Plan Review No. 8839, Coastal Permit No. 164 and Zone Change No. 29, would have a significant effect on the environment and, therefore the proposed project has been found to be categorically exempt (Class 3, Section 15303(a)); and, WHEREAS, at their August 8th meeting, after hearing public testimony the Planning Commission adopted a motion, with a vote of 3-2, Commissioners Paulson and Long dissenting, forwarding a recommendation of approval, pursuant to Staff’s recommendation, to the City Council, as it pertains to the applicants’ Zone Change request and related development applications; and, WHEREAS, on August 30, 2000, the required notices were mailed out to property owners within a 500’ radius of the subject property informing them of the proposed project and the scheduled City Council public hearing on September 19, 2000. Furthermore, a notice was published in the Peninsula News on September 2, 2000; and, WHEREAS, after notices issued pursuant to the requirements of Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing on September 19, 2000, at which all interested parties were given the opportunity to be heard and present evidence; and, WHEREAS, the City Council approved Zone Change No. 29 by introducing Ordinance No. 360 on September 19, 2000, amending the City’s Official Zoning Map for the seaward adjustment of the Coastal Setback Line to the top of the bluff, and directed Staff to bring back a Resolution to the October 3rd Council meeting, conditionally approving the development applications. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The City Council finds the following findings of fact for Height Variation No. 905:
Section 2:The City Council finds the following findings of fact for Grading Permit No. 2195:
Section 3:The City Council finds the following findings of fact for Minor Exception Permit No. 567:
Section 4:The City Council finds that the proposed project complies with the Residential Development Guidelines for the RS-2 zoning district in that the required setbacks for the front, rear and side yards are adhered to and that the proposed lot coverage, at 37%, is 3% less than the Development Code’s 40% maximum requirement. Additionally, the Development Code requires that structures with habitable floor area exceeding 5,000 square feet maintain a minimum of a three (3) car garage, and according to the plans, a four (4) car garage will be constructed. As proposed, the interior dimensions exceed the Development Code’s minimum 9’ x 20’ per stall requirement, because they will be 11’ x 30’. Therefore, based on the residential guidelines set forth in the Development Code for the RS-2 zoning district, the City Council finds that Site Plan Review No. 8839, which allows the construction of a new swimming pool/spa and 12’ high patio trellis, complies with the Development Code. Section 5:The City Council finds the following findings of fact for Coastal Permit No. 164:
Section 6:Any interested party may appeal this decision or any portion of this decision to the California Coastal Commission. Pursuant to Section 17.72.100 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed no later than ten (10) days following the final date of the City Council’s adoption of this resolution. Section 7:For the foregoing reasons, and based on the information and findings included in the Staff Report, Minutes, and other records of proceedings, the City Council of the City of Rancho Palos Verdes hereby approves Height Variation No. 905, Grading permit No. 2195, Minor Exception Permit No. 567, Site Plan Review No. 8839, and Coastal Permit No. 164, thereby approving the demolition of an existing 5,283 square foot single-family residence and pool/spa for the construction of a new 9,244 square foot, two-story, single-family residence with a pool/spa, at a proposed height of 24’-9", as measured from the lowest finished grade covered by structure (196’) to the top of the roof ridgeline (220.75’), and 19’-9" in height, as measured from the highest grade covered by structure (201’) to the top of the highest roof ridgeline (220.75’). Additionally, said approval allows 250 cubic yards of associated grading, a 12’ high patio trellis, and a 6’ combination fence/wall along the front property line, subject to the conditions of approval in Exhibit "A". Section 8:This Resolution shall not be effective until Ordinance No. 360 becomes effective. PASSED, APPROVED and ADOPTED this 3rd day of October, 2000. Mayor ATTEST: City Clerk State of California) County of Los Angeles) ss City of Rancho Palos Verdes) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes hereby certify that the above Resolution No. 2000-___ was duly and regularly passed and adopted by the said City Council at regular meeting thereof held on October 3, 2000. AYES: NOES: ABSENT: ABSTAIN: City Clerk
CONDITIONS OF APPROVAL HEIGHT VARIATION NO. 905, GRADING PERMIT NO. 2195, MINOR EXCEPTION PERMIT NO. 567, SITE PLAN REVIEW NO. 8839, COASTAL PERMIT NO. 164 AND ZONE CHANGE NO. 29 GENERAL
HEIGHT VARIATION
GRADING
MINOR EXCEPTION
SITE PLAN REVIEW
Front Yard: 20'-0" minimum (proposed: 25’) Side Yard: 5’-0" minimum (proposed: 5’) Rear Yard: 15'-0" minimum (proposed: >15’)
COASTAL PERMIT
5.Appeals of Conditional Large Domestic Animal Permit No. 1. (Fox) (Applicants: James York and Natalie York, "Lower Filiorum" property; Appellants: Betty Strauss and James York).
TO:HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL Staff Coordinator:Kit Fox, aicp, Senior Planner/Equestrian Committee Staff Liaison RECOMMENDATION Adopt Resolution No. 2000-__, upholding the Strauss Appeal and denying the York Appeal, and thereby overturning the Equestrian Committee’s decision and denying Conditional Large Domestic Animal Permit No. 1. DISCUSSION At the City Council meeting of September 19, 2000, the City Council conducted a public hearing to consider both appeals of Conditional Large Domestic Animal Permit No. 1. The City Council voted 4-0 (with Mayor Pro Tem Lyon absent) to uphold the appeal by Betty Strauss and deny the appeal by James York. The primary reason cited by the City Council for this action was concern about the goats’ safety and welfare. In response, Staff has prepared the attached draft Resolution for the City Council’s consideration and adoption. Respectfully submitted: Joel Rojas, aicp, Director of Planning, Building and Code Enforcement Reviewed by: Les Evans, City Manager Attachments: Resolution No. 2000-__ RESOLUTION NO. 2000-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, UPHOLDING THE STRAUSS APPEAL AND DENYING THE YORK APPEAL, THEREBY OVERTURNING THE EQUESTRIAN COMMITTEE’S CONDITIONAL APPROVAL OF CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 1 TO PERMIT THE KEEPING OF FOUR (4) GOATS ON AN 84.10-ACRE VACANT, NON-CONTIGUOUS PROPERTY IN THE PORTUGUESE BEND EQUESTRIAN OVERLAY (Q) DISTRICT, LOCATED AT THE WEST END OF NARCISSA DRIVE WHEREAS, on November 19, 1999, the applicants, Natalie York and James York, submitted an application for Conditional Large Domestic Animal Permit No.1 to allow the keeping of four (4) goats on an 84.10-acre property in the Portuguese Bend ‘Q’ District; and, WHEREAS, on January 10, 2000, the application for Conditional Large Domestic Animal Permit No. 1 was deemed complete by Staff; and, WHEREAS, on February 7, 2000, the applicants revised the application for Conditional Large Domestic Animal Permit No. 1 by relocating and enlarging the proposed enclosure for the goats; and, WHEREAS, on February 23, 2000, the revised application for Conditional Large Domestic Animal Permit No. 1 was deemed complete by Staff; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), Staff found no evidence that Conditional Large Domestic Animal Permit No. 1 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15303(e)); and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Equestrian Committee held a duly noticed public hearing on February 10, 2000, March 9, 2000, April 13, 2000, May 11, 2000, June 8, 2000 and July 13, 2000, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on July 13, 2000, the Equestrian Committee adopted E.C. Resolution No. 2000-01, thereby conditionally approving Conditional Large Domestic Animal Permit No. 1 with modifications; and, WHEREAS, on July 27, 2000, and within the 15-day appeal period prescribed by Section 17.76.115(B)(5) of the Rancho Palos Verdes Development Code, the Equestrian Committee’s action was appealed to the City Council by Betty Strauss, the owner of the property at 10 West Pomegranate Road; and, WHEREAS, on July 28, 2000, and within the 15-day appeal period prescribed by Section 17.76.115(B)(5) of the Rancho Palos Verdes Development Code, the Equestrian Committee’s action was also appealed to the City Council by James York, one of the co-applicants for the project; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing on September 19, 2000 and October 3, 2000, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1:The City Council finds that the application for Conditional Large Domestic Animal Permit No. 1 for the keeping of four (4) goats on the subject property is not an appropriate use of the site, as required by Section 17.76.115(B)(3)(d) of the Rancho Palos Verdes Development Code. The City Council finds that a property owner residing at a "remote" location would be less readily able or available to deal with any problems that might arise on the site, such as the animals becoming ill, being attacked or escaping their enclosure. In addition, during an emergency such as a brush fire, a "remote" property owner might be prevented from accessing the site or neighborhood due to the overriding needs of emergency service personnel and equipment to secure the area. Although the applicants have stated that they will maintain the goats in a manner that is safe for the animals and their neighbors, the City Council finds that it will be difficult for them to do so in an emergency situation because they do not reside in the immediate area. Section 2:During the course of the public hearing on these appeals, the City Council was made aware of a recent incident in the Portuguese Bend community on August 18, 2000, where two miniature horses were attacked by dogs. This attack occurred on a developed property when the property owners were at home and were able to respond immediately to the crisis, although one of the horses died of its injuries. This recent incident points out a serious problem with the proposed application. Unlike the incident with the miniature horses, the applicants’ goats would be kept on a non-contiguous, undeveloped property. Furthermore, the applicants do not reside in the Portuguese Bend community or the City of Rancho Palos Verdes. Written and oral testimony was placed in the record and presented at the hearing, demonstrating that goats are generally benign, defenseless creatures that would not be able to fend off such an attack as well as the miniature horses were. Therefore, the City Council finds that the keeping of four (4) goats on the subject property would place them at an unacceptable risk of predation, and would be contrary to the goats’ welfare. Section 3:The time within which the judicial review of the decision reflected in this Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure and other applicable short periods of limitation. Section 4:For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the City Council of the City of Rancho Palos Verdes hereby upholds the Strauss Appeal and denies the York Appeal, thereby overturning the Equestrian Committee’s conditional approval of Conditional Large Domestic Animal Permit No. 1 to permit the keeping of four (4) goats on an 84.10-acre vacant, non-contiguous property in the Portuguese Bend Equestrian Overlay (Q) District, located at the west end of Narcissa Drive. PASSED, APPROVED, AND ADOPTED this 3rd day of October 2000. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF RANCHO PALOS VERDES) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2000-__ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on October 3, 2000. City Clerk City of Rancho Palos Verdes
6.Update to the City’s Conflict of Interest Code – Amendment to Designated Positions. (Purcell)
TO:HONORABLE
MAYOR & CITY COUNCIL MEMBERS RECOMMENDATION ADOPT RESOL. NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING A CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE STANDARD CONFLICT OF INTEREST CODE PREPARED BY THE FAIR POLITICAL PRACTICES COMMISSION AND REPEALING RESOLUTION NO. 97-22. INTRODUCTION Adoption of this resolution will update the City’s Conflict of Interest Code to reflect those changes in staff titles which have occurred since the last update and also to incorporate legislative changes made to the Political Reform Act. BACKGROUND The City Council adopted the current standard Code in April 1997. Since that time certain changes have been made to job titles that need to be reflected in the list of Designated Positions: Deputy Director of Public Works (formerly Assistant Director), Maintenance Superintendent (formerly Maintenance Supervisor). Also, the Equestrian Committee formed in January 1998 needs to be included in the Code. Additional changes are the result of legislative amendments to the Political Reform Act: Prohibition on Receipt of Honoraria (Section 8, Exhibit "A"); Loans to Public Officials (Section 8.2, Exhibit "A"); Loan Terms (Section 8.3, Exhibit "A"); Personal Loans, Section 8.4, Exhibit "A"), and, a gift limit of $300. CONCLUSION Certain changes have occurred in Designated Positions and the Political Reform Act which require that the City’s Conflict of Interest Code be updated. Respectfully submitted, Jo Purcell Reviewed: Les Evans, City Manager RESOLUTION NO. ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING AN AMENDED CONFLICT OF INTEREST CODE CONTAINING REVISED DESIGNATED POSITIONS, DISCLOSURE CATEGORIES AND REPEALING RESOLUTION NO. 97-22 THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. The Political Reform Act, Government Code Section 81000, et seq., requires the City of Rancho Palos Verdes ("City") to adopt a conflict of interest code for each department of the City. Section 2. The Fair Political Practices Commission has adopted a Model Conflict of Interest Code (the "Model Code"). The Model Code, codified at 2 California Code of Regulations Section 18730, can be incorporated by reference by the City as its conflict of interest code. That Model Code will be amended by the Fair Political Practices Commission from time to time to conform to amendments to the Political Reform Act. Section 3. Pursuant to Resolution No. 97-22, the City adopted a Conflict of Interest Code containing designated positions and disclosure categories. By this resolution the City is adopting an updated Conflict of Interest Code, designated positions and disclosure categories. Section 4. The Model Code, attached hereto as Exhibit "A" and any amendments to it duly adopted by the Fair Political Practices Commission, and Appendices A-C are hereby incorporated by reference and shall constitute the Conflict of Interest Code for the City for the following departments: A.Administrative Department; B.Planning, Building and Code Enforcement; C.Public Works Department. Section 5. Persons holding designated positions listed in Appendices shall file Statements of Economic Interest pursuant to Section 5 of the Conflict of Interest Code with the information required for the disclosure category assigned to them. Section 6. The City Council hereby directs the City Clerk and City Attorney to coordinate the preparation of a revised Conflict of Interest Code in succeeding even-numbered years in accordance with the requirements of Government Code Sections 87306 and 87306.5. The revised Code should reflect any changes in department or employee designations. If no revisions to the Code are required, the City Clerk shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required. Section 7. Resolution No. 97-22 of the City is hereby repealed in this entirety. Section 8. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED and ADOPTED this 3rd day of October, 2000. Mayor ATTEST: City Clerk State of California ) County of Los Angeles) SS City of Rancho Palos Verdes) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No.2000 - was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on October 3, 2000. City Clerk EXHIBIT A Conflict of Interest Code Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. Sections 18100, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this Conflict of Interest Code. Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests. Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a Conflict of Interest Code for another agency, if all of the following apply: A.The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; B.The disclosure assigned in the code of the other agency is the same as that required under Article 2 of Chapter 7 of the Political Reform Act, Government Code Section 87200; and C.The filing officer is the same for both agencies./ Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those financial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee’s disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or her office. Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency’s Conflict of Interest Code./ Section 5. Statements of Economic Interests: Time of Filing. A.Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. B.Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. C.Annual Statements. All designated employees shall file statements no later than April 1. D.Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. A.Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: 1.File a written resignation with the appointing power; and 2.File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. Section 6. Contents of and Period Covered by Statements of Economic Interests. A.Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. B.Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. C.Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee’s first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later. D.Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: A.Investment and Real Property Disclosure. When an investment or an interest in real property3/ is required to be reported,4/ the statement shall contain the following: 1.A statement of the nature of the investment or interest: 2.The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3.The address or other precise location of the real property; 4.A statement whether the fair market value of the investment or interest in real property exceeds one thousand dollars ($1,000), exceeds ten thousand dollars ($10,000), or exceeds one hundred thousand dollars ($100,000). B.Personal Income Disclosure. When personal income is required to be reported,5/ the statement shall contain: 1.The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source. 2.A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), or greater than ten thousand dollars ($10,000); 3.A description of the consideration, if any, for which the income was received; 4.In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5.In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. C.Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6/ the statement shall contain: 1.The name, address, and a general description of the business activity of the business entity; 2.The name of every person from whom the business entity received payments if the filer’s pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000). D.Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee’s position with the business entity. E.Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. Section 8. Prohibition on Receipt of Honoraria. A.No member of a state board or commission, and no designated employee of a state of local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This Section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions in this Section. This Section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code Section 89506. Section 8.1. Prohibition on Receipt of Gifts in Excess of $300. A.No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $300 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This Section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (e), (f), and (g) of Government Code Section 89503 shall apply to the prohibitions in this Section. Section 8.2. Loans to Public Officials. A.No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer’s agency has direction and control. B.No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official’s agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. C.No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer’s agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender’s regular course of business on terms available to members of the public without regard to the elected officer’s official status. D.No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer’s agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender’s regular course of business on terms available to members of the public without regard to the elected officer’s official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. E.This section shall not apply to the following: 1.Loans made to the campaign committee of an elected officer or candidate for elective office. 2. Loans made by a public official’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in- law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed two hundred fifty dollars ($250) at any given time. 4.Loans made, or offered in writing, before January 1, 1998. Section 8.3. Loan Terms. A.Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred dollars ($500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. B. This section shall not apply to the following types of loans: 1.Loans made to the campaign committee of the elected officer. 2.Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. C. Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. Section 8.4. Personal Loans. A.Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 1.If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: a.The date the loan was made. b.The date the last payment of one hundred dollars ($100) or more was made on the loan. c.The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty dollars ($250) during the previous 12 months. B.This section shall not apply to the following types of loans: 1.1.A loan made to the campaign committee of an elected officer or a candidate for elective office. 2.A loan that would otherwise not be a gift as defined in this title. 3.A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4.A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5.A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. C.Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. Section 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: A.Any business entity in which the designated employee has a direct or indirect investment worth on thousand dollars ($1,000) or more; B.Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars ($1,000) or more; C.Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; D.Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or E.Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $300 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. Section 9.3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this Section. Section 9.5 Disqualification of State Officers and Employees. In addition to the general disqualification provisions of Section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: A.Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or B.Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollars ($1,000) or more. Section 10. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying interest. In the case of a voting body, this determination and disclosure shall be made part of the agency’s official record; in the case of a designated employee who is the head of an agency, this determination and disclosure shall be made in writing to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee’s supervisor. Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code Section 83114 or from the attorney for his or her agency, provided that nothing in this Section requires the attorney for the agency to issue any formal or informal opinion. Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code Sections 81000-91015. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code Section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code Section 91003. ADMINISTRATIVE DEPARTMENT
Consultant 10 ADMINISTRATIVE DEPARTMENT DISCLOSURE CATEGORIES 1.Disclosure is required on FPPC Form 700 pursuant to Government Code Section 87200. No additional disclosure is required by this Conflict of Interest Code. 2.Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B). 3.Reportable income and business positions. (FPPC Form 700, Schedules C and D). 4.Reportable investments. (FPPC Form 700, Schedules A-1 and A-2). 5.Reportable gifts and travel gifts. (FPPC Form 700, Schedules E and F). 6.Reportable income from persons and business entities, and reportable business positions in business entities, that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, supplies or services to the City under the supervision, direction or control of the Administrative Department. (FPPC Form 700, Schedules C, D, E and F). 7.Reportable investments in business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, supplies or services to the City under the supervision, direction or control of the Administrative Department. (FPPC Form 700, Schedules A-1 and A-2). 8.Reportable income from persons and business entities, and reportable business positions in business entities, that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, supplies or services to the City under the supervision, direction or control of the Director of Recreation and Parks. (FPPC Form 700, Schedules C, D, E and F). 9.Reportable investments in business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, supplies or services to the City under the supervision, direction or control of the Director of Recreation and Parks. (FPPC Form 700, Schedules A-1 and A-2). 10.For consultants who serve in a staff capacity with the City, the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position. For consultants who do not serve in a staff capacity for the City, the following disclosure categories shall be used: Persons required to disclose in this category shall disclose pursuant to categories A, B, C and D below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories A, B, C and D. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. A.Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B.) B.Reportable income and business positions. (FPPC Form 700, Schedules C and D). C.Reportable investments. (FPPC Form 700, Schedules A-1 and A-2.) D.Reportable gifts and travel gifts. (FPPC Form 700, Schedules E and F). DEPARTMENT OF PLANNING, BUILDING AND CODE ENFORCEMENT
Consultant 10 DEPARTMENT OF PLANNING, BUILDING AND CODE ENFORCEMENT DISCLOSURE CATEGORIES 1.Disclosure is required on FPPC Form 700 pursuant to Government Code Section 87200. No additional disclosure is required by this Conflict of Interest Code. 2.Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B). 3.Reportable income and business positions. (FPPC Form 700, Schedules C and D). 4.Reportable investments. (FPPC Form 700, Schedules A-1 and A-2). 5.Reportable gifts and travel gifts. (FPPC Form 700, Schedules E and F). 6.Reportable income from persons and business entities, and reportable business positions in business entities, having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, review or approval of the Department of Planning, Building and Code Enforcement. (FPPC Form 700, Schedules C, D, E and F). 7.Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, approval or review of the Department of Planning, Building and Code Enforcement. (FPPC Form 700, Schedules A-1 and A-2). 8.Reportable income from persons and business entities, and reportable business positions in business entities, having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services to a third party that are subject to the review or approval of the City Engineer, Building Official or Building Inspector. (FPPC Form 700, Schedules C, D, E and F). 9.Reportable investments in any business entities having an interest in real property in the jurisdiction that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services to a third party that are subject to the review or approval of the City Engineer, Building Official or Building Inspector. (FPPC Form 700, Schedules A-1 and A-2). 10.For consultants who serve in a staff capacity with the City, the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position. For consultants who do not serve in a staff capacity with the City, the following disclosure categories shall be used: Persons required to disclose in this category shall disclose pursuant to categories A, B, C and D below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories A, B, C and D. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. A.Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B). B.Reportable income and business positions. (FPPC Form 700, Schedules C and D). C.Reportable investments. (FPPC Form 700, Schedules A-1 and A-2). D.Reportable gifts and travel gifts (FPPC Form 700, Schedules E and F). PUBLIC WORKS DEPARTMENT
Consultant 6 PUBLIC WORKS DEPARTMENT DISCLOSURE CATEGORIES 1.Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B). 2.Reportable income from persons and business entities, and reportable business positions in business entities, having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services or supplies to the City under the direction or control of the Public Works Department. (FPPC Form 700, Schedules C, D, E and F). 3.Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services or supplies to the City under the direction or control of the Public Works Department. (FPPC Form 700, Schedules A-1 and A-2). 4.Reportable income from persons and business entities, and reportable business positions in business entities, that provide, plan to provide, or have provided within two years from the time a statement is required under this conflict of interest code, services to a third party that are subject to the review or approval of the Public Works Department. (FPPC Form 700, Schedules C, D, E and F). 5.Reportable investments from persons and business entities that provide, plan to provide, or have provided within two years from the time a statement is required under this conflict of interest code, services to a third party that are subject to the review or approval of the Public Works Department. (FPPC Form 700, Schedules A-1 and A-2). 6.For consultants who serve in a staff capacity with the Agency, the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position. For consultants who do not serve in a staff capacity, the following disclosure categories shall be used: Persons required to disclose in this category shall disclose pursuant to categories A, B, C and D below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories A, B, C and D. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. A.Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B). B.Reportable income and business positions. (FPPC Form 700, Schedules C and D). C.Reportable investments. (FPPC Form 700, Schedules A-1 and A-2). D.Reportable gifts and travel gifts (FPPC Form 700, Schedules E and F).
7.August 2000 Treasurer’s Report. (Burton)
TO: HONORABLE
MAYOR AND MEMBERS OF THE CITY COUNCIL Staff Coordinator: Matt Burton, Accounting Manager RECOMMENDATION: Receive and file the August 2000 Treasurer's Report for the City of Rancho Palos Verdes. BACKGROUND: Government Code Section 53646 requires the City Treasurer to submit an investment report to the City Council on at least a quarterly basis. The City has elected to submit a treasurer’s report to the Council for review each month. This report summarizes the cash activity associated with all funds of the City. A separate treasurer’s report is prepared monthly for both the Redevelopment Agency and Improvement Authority and is presented under separate cover before their respective governing bodies. The attached treasurer's report includes the cash activities of the City for the month of August 2000. ANALYSIS: The City’s cash balances increased by approximately $227,000 during the month, ending with an overall total of $24,036,266 at August 31, 2000. The increase is a result of several individual funds experiencing significant fluctuations. The cash activities impacting these funds are discussed in detail below. General Fund – The cash balance in the General fund decreased by nearly $210,000 during August. The decrease is a result of several factors, one of which is that August is historically a month with lower than average revenues. Additionally, the General fund is transferring $291,667 per month to the CIP fund to cover costs associated with FY 2000-01 projects. The City also paid two months worth of Sheriff’s costs (totaling over $400,000) during August. Gas Tax Fund – The cash balance in the Gas Tax fund increased by nearly $48,000 during the month as a result of the City receiving both the July and August monthly gas tax apportionments. Recycling Fund – During August 2000, the City received $43,500 of curbside recycling revenue for the 4th quarter of FY 1999-00. The City also received nearly $30,000 in annual grant revenue from the State Department of Conservation. These two factors caused the Recycling fund cash balance to increase by almost $68,000 during August. Proposition C Fund – During the month, the City received both the July and August allocation from the County. This resulted in the Proposition C fund cash balance increasing by over $70,000 during August. CIP Fund – Cash in the CIP fund increased by over $220,000 during August, ending with a balance of close to $6.3 million. The FY 2000-01 monthly transfer from the General fund of $291,667, combined with a less than usual number of disbursements, caused the overall cash decrease. Disbursements during the month were limited to several small dollar payments for various ongoing CIP projects. Special Trusts Fund – The cash balance in the Special Trusts fund decreased by over $46,000 during August. As mentioned in previous months, it is typical for cash in this fund to fluctuate from month to month. These variances are caused by changes in the timing of payments to and from the City. During August, the City made several large payments on behalf of various developers that helped account for the fund’s cash decrease. Respectfully submitted, Dennis McLean Finance Director/Treasurer Reviewed: Les Evans City Manager
8.Register of Demands. (McLean) Recommendation: ADOPT RESOLUTION. NO. 2000-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. ############ REGULAR BUSINESS:
9.Fiscal Year 2000-2001 Diversion Program Additions. (Ramezani)
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL STAFF COORDINATOR: LAUREN RAMEZANI, SR. ADMINISTRATIVE ANALYST RECOMMENDATIONS Implement the following programs to improve residential solid waste diversion:
Implement the following programs to improve non-residential solid waste diversion:
Authorize the Director of Public Works to carry out the approved programs in the fiscal year 2000-01. BACKGROUND The City Council requested staff to investigate the characteristics of the non-residential (NR) waste stream, and opportunities to improve diversion. This report presents several options for the City Council to consider, and makes a recommendation to implement some of those options which best meet our needs. The City’s Disposal Numbers The City’s current disposal numbers as complied by the California Integrated Waste Management Board (CIWMB) are as follows:
In addition the City solid waste consultants, Huls Environmental Management and Eugene Tseng Associates compiled more detailed data based on information obtained by surveying generators, conducting site visits, and reviewing data compiled by the City’s waste haulers, the County, and area recycling and disposal sites. The detailed numbers are attached, however, in summary:
The City’s Diversion Numbers
1999 42% - yet to be approved
Source reduction and C&D debris recycling is the principal reason for the high diversion ratio for NR sources. Source reduction includes grass cycling (at the golf course, cemetery, and schools), using electronic mail (at offices), re-using tree trimmings (chips used in trails, medians, etc), reuse of demolition material (use as road base) and composting (manure from horse stables). Additionally, many businesses recycle their cardboard and many grocery stores send their food waste to composting facilities. An additional factor is that material disposed at Chandlers Inert Landfill works to the City’s advantage because Chandlers is classified as an inert landfill rather than a solid waste landfill. DISCUSSION Based on the characteristics of the City’s waste stream, the City Council should consider the following programs to increase the City’s diversion. I. RESIDENTIAL SECTOR Since June 2000, green waste is picked up and recycled on the second collection day of the week. However, green waste placed at the curb on the non-green waste day is collected but not recycled. To address this several options are proposed: Restrict the collection of green waste to only the second collection day of the week, and not collect green waste on the non-green waste day. As discussed with the City Council, before this action is taken, notices will be sent to residents informing them of this change.
Affix labels on recycling containers which lists the collection days. Waste Management has agreed to affix City provided labels on the containers. See attached letter from Waste Management.
Collect and divert green waste on both collection days. Waste Management provided a cost estimate.
Public Education is a useful tool to increase diversion. The City can enhance public education and provide information on the green waste-recycling program. This would include information on composting and grass and Christmas tree recycling. The City can utilize a new funding made available from the Department of Conservation to promote beverage container recycling.
5. Explore the possibility of placing green waste rolloffs and a chipping machine at the City Yard so RPV residents and their gardeners/landscape companies can leave green waste. The chippings would be made available for use by the City, residents and their gardeners for weed control.
Recommendations Staff recommends that the following options be implemented:
Total additional needed appropriations: $0,000-$11,000 NON – RESIDENTIAL SECTOR Diversion Options The primary issue to be resolved for the non-residential waste stream is to reduce amount of unreported tonnage and to gain a clearer understanding of the waste stream. There are several options for this sector: Transition from a non-exclusive waste collection program to an exclusive program. This would require the City to issue notices of non-extension to all non-residential haulers and the transition period would take five years to complete. The five year transition period is required by state law. It appears that this process began in 1981, however, the documentation is not complete.
Require that all authorized haulers must achieve a 50% diversion rate. Staff does not recommend this option primarily because it would likely result in some of our merchants not being able to obtain competitive rates from haulers.
Assess monetary penalties on non-licensed haulers caught operating in the City. The penalty will be on a sliding scale, i.e. 1st offense $200, 2nd offense $500, etc. Currently these haulers get a letter stating that they should either stop operating in the City or obtain a license and agreement.
Educate contractors as to the availability of the Chandlers Inert Landfill.
Conduct waste audits targeted at the City’s highest waste generating businesses and assist them in establishing a diversion program. The City’s businesses will be audited and have recycling/waste reduction programs implemented. The target would be the city’s 17 food stores and 45 restaurants since this group produces the largest disposal tonnage per establishment, and much of their waste can be relatively easily diverted.
Combine NPDES on-site inspections with recycling inspections and public education. Educate the City inspectors to look for recycling possibilities while performing on-site stormwater related inspection activities. In addition our inspectors would encourage contractors to dispose of certain material at Chandlers rather than a solid waste landfill.
Mandate that any debris from construction and/or demolition work on a property be hauled away by a licensed hauler. Self-hauling of the debris by the contractor would not be permitted.
Increase public education at schools, and require that to be eligible for the City’s beautification grants a school site must have a paper recycling program. When the schools were audited last year it was found that not all schools have a recycling programs.
Audit NR hauler records and receipts. Qualified waste consultants will audit haulers on a contingency basis (free of charge) in return for a percent of the recovered unreported revenues/fees. The City can expect to keep approximately 70% of any unreported revenues and give 30% to the auditor.
RECOMMENDATIONS - Non-Residential: From the options discussed above staff recommends that the following be approved: Those that can be implemented immediately:
Cost: No cost Cost: No cost. Those that require additional analysis by staff:
The cost to implement the staff recommendations is $61,000. ALTERNATIVE The alternative would be to implement some or none of the recommendations of staff. Staff however believes that list of recommendations are required to show its good faith effort in implementing the City’s Source Reduction and Recycling Element (SRRE), as required by AB 939. FISCAL IMPACT The recommended actions are not budgeted, and the costs of any City Council approved action will require a budget adjustment. The funding source for any approved actions will be the Solid Waste Fund. This fund has a current balance of approximately $633,300. Respectfully Submitted: Dean E. Allison, Director of Public Works Reviewed by: Les Evans, City Manager Attachment: Summary spreadsheet Waste Management’s Three-Month Diversion Data Letter from Waste Management Steps Taken during a Waste Audit
10.Peafowl Population Assessment Service Contract. (Park)
TO: HONORABLE
MAYOR AND CITY COUNCILMEMBERS RECOMMENDATION Approve execution of the professional services agreement with the University of California Davis for Dr. Francine Bradley, poultry specialist, to assess the peafowl population, provide information on peafowl behavior to the community, and recommend population control options for the City. BACKGROUND On July 18, 2000 City Council approved hiring a peafowl expert and allocating $5,000 from the Animal Control Service program budget for assistance in assessing the City’s wild peafowl population and developing a population management plan. The City staff had recommended at the time to hire Dennis Fett, one of two peafowl experts identified in the July 18th staff report with experience working with communities and wild peafowl problems. The preparation of a professional service agreement between the City and Mr. Fett was discontinued in August since several contract items could not be negotiated to the satisfaction of both parties. The City then contacted Dr. Francine Bradley, poultry specialist with the University of California Davis, to confirm her interest in assisting the City with its peafowl population concerns. DISCUSSION City Council is requested to consider executing the attached professional service agreement with the University of California Davis. The scope of work will include the following: assessment and estimated count of the peafowl population, identification of territorial boundaries and hot spots, community education on peafowl behavior, citizen engagement through community meetings with impacted residents, and peafowl management plans for each peafowl enclave. Should Council approve execution of the contract, staff anticipates the project to begin within 30 days of contract execution. FISCAL IMPACT The professional service agreement is for services and associated miscellaneous expenses up to $5,000 as previously approved by City Council. RESPECTFULLY SUBMITTED Gina Park Senior Administrative Analyst REVIEWED Les Evans City Manager Attachment: Professional Service Agreement RECESS: PUBLIC COMMENTS: (at approximately 8:40 P.M.) (This section of the agenda is for audience comments on items NOT on the agenda.)
11.FAA Aviation Noise Abatement Policy 2000. (Evans)
TO:HONORABLE MAYOR
AND CITY COUNCIL MEMBERS RECOMMENDATION Consider endorsing a letter of comments on the FAA Aviation Noise Abatement Policy prepared by Chevalier, Allen & Lichman on behalf of the City. BACKGROUND The Federal Aviation Administration is currently accepting comments through October 23, 2000 on its proposed Aviation Noise Abatement Policy (Policy). The proposed updated Policy intended to provide direction for reducing aviation noise over the next 25 years is divided into five sections. Section one is the introduction, section two outlines the FAA’s noise goals and policies, section three describes the legal and regulatory framework governing aviation noise, section four presents the FAA’s methods and standards for measuring and assessing noise impacts and section five provides more detail on aircraft noise reduction, history, research and future prospects. The FAA’s aviation noise abatement goals are the following: Continue to reduce aircraft noise at its source; Use new technologies to mitigate noise impacts; Bring existing land uses into compatibility with levels of significant noise exposure around airports, and prevent the development of new non-compatible uses in these areas; Design prospective air traffic routes and procedures to minimize aviation noise impacts in areas beyond legal jurisdiction of airport proprietors, consistent with local consensus and safe and efficient use of the navigable airspace; Provide special consideration to locations in national parks and other Federally managed areas having unique noise sensitivities; and Ensure strong financial support for noise compatibility planning and for mitigation projects. The seven aviation noise policies the FAA proposes to accomplish the above noise goals are as follows:
Discussion of the Noise Policy Elements can be found within the Noise Abatement Policy document attached to this report. DISCUSSION The law firm, Chevalier, Allen & Lichman, on behalf of the City has prepared a letter of comments on the proposed Aviation Noise Abatement Policy. The key concerns expressed in the letter for consideration by the FAA are as follows:
City Council is requested to endorse the letter of comments. FISCAL IMPACT None associated with this report. RESPECTFULLY SUBMITTED Gina A. Park Senior Administrative Analyst REVIEWED Les Evans City Manager Attachments: 1. Draft Letter of Comments 2. FAA Noise Abatement Policy 2000
12.Proposed Acquisition of the Tidemark Solutions Permit Tracking System. (Snow)
TO:HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL Staff Coordinator: David M. Snow, Deputy Planning Director RECOMMENDATION: Authorize staff to: 1) proceed with the acquisition of the Tidemark Solutions permit tracking system; and 2) postpone historical permit input treating it as a separate, future work effort; 3) implement a $3.00 data processing fee on all permits; and, 4) authorize the Mayor to execute the finalized License and Services agreement. BACKGROUND: The Department of Planning Building and Code Enforcement currently tracks the applications for permits manually, or with the assistance of basic computer spreadsheets. This method of tracking has been adequate since the City’s inception, however the Department’s management staff recommends implementation of a computerized tracking system designed specifically for the activities of the Department. This item was initially scheduled for City Council consideration at the September 5, 2000 meeting, but was continued to this meeting due to time constraints at the September 5th meeting. Purpose of a Permit Tracking System: The main purpose, and a significant motivating factor for purchasing a tracking system, is enhanced activity management and improved response to public inquiries based on the readily available status and progress on specific projects, and on each individual’s work load. These goals are achieved through the following:
Each of these functions can be applied to the following ongoing departmental activities:
For planning applications, critical points in the review process would be identified and tracked including submittal date, date deemed complete and ready for processing, dates of Planning Commission and/or City Council action. For building permits, Inspection dates and expiration dates can be tracked. Additionally, information such as the responsible staff person, applicant and/or representatives, property owners, fees paid or due, description of project, zoning, general plan designations, and property information would be retained. Included in this proposal is a cashiering module for implementation in the Planning, Building and Code Enforcement department to allow for one-stop permit issuance. Currently, the public must first submit an application, go to the cashier at the main reception area in the Administration building, and return to the Planning building to turn in the receipt to verify payment. Finally, a computerized tracking system is a first step in creating an electronic data source for integration with a future Geographical Information System, which is discussed in more detail below. Process Undertaken to Identify the Preferred System: Staff began researching permit tracking systems in 1997, and identified a number of vendors. Proposals were solicited from the three that most closely matched the needs as identified by staff, and as discussed above. Staff also saw demonstrations of two of the systems that had the desired features. These two systems were Sierra Permits and the Tidemark Solutions system. In addition, staff reviewed extensively the tracking system available in conjunction with the H.T.E. finance software package, including several demonstrations. It was the consensus of the staff members that participated in these demonstrations that the Tidemark product was the best for the department’s needs including the Building and Safety contract staff. This conclusion was based on the significantly greater flexibility than was available with the H.T.E. product, and that the Tidemark solution was less expensive than the more comparable Sierra Permit system. The flexibility offered by Tidemark would allow the City to modify the setup, the calculations, and the information captured and tracked to a much greater degree than the very structured setup of the H.T.E. software. This flexibility allows for the broader application of the system to the unique types of applications processed in the City of Rancho Palos Verdes. A matrix summarizing the systems considered, capabilities, and costs is attached for further background on the comparison process. Finally, the Tidemark Solutions system was demonstrated for the City Council at a workshop on July 28, 2000. Implementation Issues: Base Parcel Information Base parcel, address and property owner information is necessary for implementation of the system. This information is available from the Los Angeles County Assessor’s Office. The City is eligible to receive this information quarterly at no cost as part of an information sharing arrangement wherein the County receives the City’s information regarding permits issued, and the City in return gets the assessors information. The information is tabular, and does not contain any shape files or parcel attributes suitable for using as a base for a Geographic Information System. Staff will establish the sharing agreement during implementation of the system. Historical Permits As discussed above the main focus of the permit tracking system is to track the activities associated with active permits and to be able to ascertain the current status of the application for use by Staff and the general public. Once a permit file is closed out, the information will remain in the database so that in the future, staff or the public will be able to access the information to obtain a quick reference to the permit history of the application. The information kept in the database is not intended to replace the current information maintained in the address files, and hard copies of such new permits and records will be retained in the address files. Staff considered the possibility of inputting the historical permit information currently retained in the Department’s paper address file system into the permit tracking systems electronic database. Although the Tidemark Solutions system can accommodate this, the effort would require a significant amount of staff time. The City has approximately 15,000 parcels most of which have some associated permit activity. Staff estimates that the average number of permits on a given property is two. This estimate is based on the fact that a number of the properties have a single permit for the original construction of the residence, and that over time, additional permits are typically issued for maintenance issues (such as re-roofs) or modifications. One implementation strategy for input of this historical data is to enter the historical permits into the electronic system whenever an application is made for an additional permit on that property. Implementation in this manner would not result in a complete history for all properties for a number of years. Based on 15,000 parcels, issuance of permits to approximately 2,160 properties each year, permits for all parcels could be completed in seven years. The actual time would be longer than seven years, as this calculation assumes a different 2,160 properties each year for the seven consecutive years, which would not occur in practice. Staff proposes the acquisition of the Tidemark system with the primary goal of improving active permit tracking and monitoring to assist in the efficient processing of permits and other City activities. The potential for an all inclusive computerized permit history is viewed as an ancillary benefit that should be undertaken as a separate work effort, if such a history is desired. After a period of a year or so of working with the system, staff could come forward with a proposal to take the additional step of inputting the historical records, if desired at that time. Ideally such an effort would occur in conjunction with the implementation of a GIS system. A separate work effort is also advisable due to the need for close monitoring for quality control of the data and the associated verification process required to ensure accuracy. Until such an all inclusive computerized permit history is undertaken, some properties will have permit histories in both the address file and the electronic system. Although the complete history will always reside in the address file, to ensure that staff members do not rely solely on the electronic system, a note will be inserted on the appropriate tracking system screens indicating that the system does not contain permit information from before the date of system implementation. Data Processing Fee: Other agencies have adopted data processing fees to help to offset the costs incurred by implementing a permit tracking system like the Tidemark Solutions system. The estimated annual maintenance costs are approximately $9,400.00. These costs could be offset by the implementation of such a fee. A total of approximately 3,470 permits (Planning and Building) are issued each year. Total annual maintenance costs spread out over the yearly permits would require a fee of approximately $2.70. Including administrative costs of approximately 10% of the fee to cover staff time for system management would result in a fee of $3.00. Staff recommends implementation of this fee. Additionally, if archival information input is desired, the fee could be increased to cover the costs of that separate effort. Nonetheless, staff recommends separate consideration of this work program in the future. Future Integration with Geographical Information Systems (GIS) As referenced earlier in the report, the Tidemark Solutions system is compatible with GIS systems, and particularly the ESRI AcrView GIS system that the Southern California Associations of Government (SCAG) and the local Councils of Government (COG’s) have established as the base for a regional information sharing system. In the future, when the City acquires a parcel database with the shapes and dimensions of all of the lots and streets in the City, all data compiled in the permit tracking system can be related to the GIS parcel base, and therefore viewable within that system. However, full implementation of the GIS system is not proposed within this project. Security Issues: The Tidemark Solutions system includes security levels and controls to ensure that only authorized users can issue permits or approvals. As an example, only Building Division employees would be authorized to issue building permits and only Planning Department staff would be able to issue planning permits and clearances. However, the information could be viewed by all employees. Additionally security levels would be utilized to ensure that such sensitive components of the program like fees are only modified by a system administrator. Building and Safety Division Considerations: The City’s contract Building Division staff support the implementation of the Tidemark System due to the flexibility discussed above. In addition, Charles Abbott Associates (CAA) has committed $25,000 toward the cost of this system, as it will allow their staff to learn the system, thereby gaining experience that may be valuable to their other municipal clients. The $25,000 amount was included in the recent contract for Building Services between the City and CAA. FISCAL IMPACT The fiscal impact of this project would entail incurring the following costs
The following table summarizes the ongoing costs and potential future costs related to the permit tracking system:
The 1998-1999 budget included funds for a permit tracking system in the amount of $60,000 from the Department of Planning, Building and Code Enforcement budget. These allocations have been carried over as continuing appropriations, and remain available. Additionally, Charles Abbott Associates, through the recently negotiated building service contract, has agreed to provide $25,000.00 toward acquisition of this system. The remaining funding sources include the Planning Department training budget and the Internal Services Fund which included funds for maintenance costs. The following table identifies the funds to be allocated to the system, and further demonstrates that the system cost falls within the existing budget. No adjustments to the budget are necessary.
To assist the City in meeting the budgeting constraints, Tidemark Solutions has agreed to cover time and business expenses at a fixed cost of $5,500 although the actual cost will be significantly higher. Additionally, as noted above, Palos Verdes on the Net has generously offered to provide the file server and associated equipment necessary to implement the system at no cost to the City. CONCLUSION Based on the foregoing, staff recommends:
ALTERNATIVES The following alternatives are available for consideration by the City Council:
Respectfully Submitted, Joel Rojas, AICP Director of Planning, Building and Code Enforcement Reviewed by: Les Evans City Manager ATTACHMENTS DRAFT Tidemark Solutions Licensing and Services Agreement Comparison Matrix of the systems considered
13.Purchase of Software and Support Service to Automate the Maintenance Activities of the Public Works Department. (Allison)
TO:HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL RECOMMEDATIONS
BACKGROUND Many of the maintenance activities of the Public Works Department originate as requests from the public. The requests generally come in the form of a telephone call. When requests are received the department’s clerical staff captures pertinent information such as the caller’s name, address, and type of request in written form on a Maintenance Service Record. The Maintenance Service Record is passed on to the Maintenance Superintendent who schedules the work, and passes on the record to the field crews for action. When all work on a particular task is completed the form is filed as a record of activity. This method of work management has been in place for at least ten years. The Public Works Department processes more than 3,000 requests for services each year. Attached is a copy of the Department Maintenance Service Record. In a similar manner, calls to the City Manager’s office are tracked manually. Typically, calls to the City Manager’s office include complaints regarding aircraft noise, animal control issues, and cable television service. Although the volume and complexity of the calls received by the City Manager’s office are much lower than the Public Works Department, the Carte Graph software can be easily adapted to fit the needs of both departments. Therefore, there is an opportunity for these two departments to share the software and pool budget resources. DISCUSSION The adopted budget includes $ 23,600 to automate the tracking of requests from the public. ($18,000 from the Public Works Department and $5,600 from the City Manager’s office). It is anticipated that automating the process will provide the following benefits:
The Public Works Department reviewed a number of software packages and determined that a system that had been exclusively developed to manage service requests by CarteGraph best meets the City’s needs and is within the established budget. Staff recommendation number one provides the authorization to purchase the CarteGraph system for the Public Works Department and the City Manager’s Office. The authorized amount provides for the purchase of the required software and support from CarteGraph. The software package offered by CarteGraph can also assist the Public Works Department with its sign inventory and pavement management, however, the tracking of service requests is the primary reason for the recommended purchase. When the software is installed, the services of PV on the Net will be used to assist training staff and to input certain information particular to the City of Rancho Palos Verdes such as street names, and typical maintenance activities. Recommendation number two provides the authorization and funding for this activity. The annual maintenance costs of the software is $ 2,500. This includes free software updates. CONCLUSIONS Adopting the staff recommendations will result in the purchase of software, support, and technical services to automate activities of the Public Works Department and the City Manager’s Office. ALTERNATIVE ACTION Take no action in which case requests by the public will continue to be managed in their present manner. FISCAL IMPACT The recommended actions will result in the expenditure of up to $ 23,600 and is within the approved budget. Submitted by, Dean E. Allison, Director of Public Works Reviewed by, Les Evans, City Manager Attachments: Current Maintenance Service Record
14.Palos Verdes Drive East and Bronco Drive Storm Drain Project. (McBride)
TO:HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL Staff Coordinator:David McBride, Senior Engineer RECOMMENDATION 1.Authorize staff to move forward with construction of the Palos Verdes Drive East and Bronco Drive Storm Drain project with Excel Paving Company, by force account. 2.Authorize an increase to Excel Paving Company’s contract by $355,000 for a total authorization of $996,000 to be paid by force account procedures. 3.Approve an amendment to Merit Civil Engineering, Inc., professional service agreement for design, contract administration, and construction of the Palos Verdes Drive East and Bronco Drive Storm Drain Project by $20,000 for a total authorization under this agreement of $72,900. 4.Adopt Resolution No. 2000 - __ for a budget adjustment to the City’s Capital Improvement Projects Fund. BACKGROUND As outlined in previous reports to Council, the purpose of this project is to improve drainage in the area near Palos Verdes Drive East and Bronco Drive. The project involves the installation of over 2,600 linear feet of reinforced concrete pipe, 6 catch basin inlets, and 7 access holes. On June 6, 2000, the City Council awarded the construction contract to Excel Paving Company for the amount of $641,000. Excel was issued a notice to proceed on August 1, 2000. On Monday, August 28, 2000, Excel began the primary work of installing the 36-inch reinforced concrete pipe main line within Palos Verdes Drive East. The subgrade soil that was encountered was of such a poor quality that production was significantly slowed and based on an analysis by our soils testing firm, Group Delta, was unsuitable to be used as backfill for the drainage pipe. As a result Excel decided to leave the job at the end of the day on August 28, 2000, and shortly thereafter requested a change order for the extra work involved with poor subgrade conditions. No further work on the project has occurred since that time. Staff has met several times with Excel in efforts to fully understand their issues, explore possible courses of action to resolve these issues, and to ascertain the fiscal impact associated with completing the work. Essentially the cost impact of their claims greatly exceeds the authorized amounts for the project and therefore this report is to request Council’s approval of an increased budget and new method for compensating the contractor for their work going forward. A more detailed description of the conditions encountered, from our engineering firm, is attached to this report as Exhibit "A" DISCUSSION & ANALYSIS The excavated soil encountered to date consists of 80% bedrock chunks. These chunks of bedrock ranged from 6 inches to over 2 feet in diameter. Backfill standards only allow rock deposits (i.e., chunks) to be less than 3 inches in diameter. Accordingly, the soil is unsuitable to be used as backfill. A more detailed description of the excavated soil, from our soil-testing firm, is attached to report as Exhibit "B". The extent to which the poor soil conditions will be encountered over the rest of the job site is unknown. Staff considered taking soil borings over the remaining portions of the job; however borings are costly and offer no guarantee that all or any areas of rock deposits will found. The poor soil conditions impact the project, as follows: A.The excavated soil must be fully removed and transported to a disposal site. B.Suitable backfill must be purchased and imported to the site. C.Increased trench widths/depths due to rock deposits. D.Considerably slower installation process. All of these impacts will increase costs. Based on staff analysis and discussions with our contractor, Excel Paving Company bid the project assuming that the soil encountered would be of fair to moderate quality (i.e., generally encountered soil) and suitable for use as backfill. Further, assuming generally encountered soils, they bid the project on an estimated production rate of approximately 138 linear feet of pipe installation per day, which is significantly different than the 50 linear feet production rate they achieved on August 28, 2000. Considering the significant cost increase to complete work, staff considered the following options: 1.Stop the Project and Rebid at a Later Date:This option would compensate Excel for work they have completed to date, gain more information on the subgrade conditions over the length of the project and rebid the project at a future date. We do not recommend this option because of it would delay the project until next year, and as mentioned earlier taking borings are costly, do not guarantee that identification of all rock deposits can be made, and if rock deposits are found in the borings the future bids on the work will be significantly higher to account for the increased costs as outlined above. 2.Continue the Project:This option would continue the project with Excel Paving by establishing an equitable method of compensating Excel for the poor soil conditions. It should be noted that a redesign (i.e., shallower excavation) or re-routing of the storm drain to lessen cost was explored but determined infeasible. Initial meetings with the Excel focused on establishing a linear foot cost increase to their bid price for installation of reinforced concrete pipe to address the cost impacts delineated above. The linear feet increase would be applied when excavation in poor soil conditions where encountered and the original bid would apply in areas where suitable subgrade soils were found. For the 2,626 linear feet of storm drain involved in the project the average bid price of $159.18 per linear foot was originally submitted by Excel Paving Company. Excel identified an average total increase of $135 per linear foot (+84.8%) of storm drain installed, which consists of $52.50 per linear foot (32.9%) for the impacts A thru C, and $82.50 per linear foot (51.9%) for the impact D outlined above. Assuming a worst case, that all construction is in poor soil, the total cost impact would be $354,510 (i.e., 2,626 linear feet @ $135 per linear foot). While the costs of A thru C are justifiable cots, it is difficult to justify the proposed linear foot increase of $82.50 for lost productivity, which represents a 51.9% percent unit price increase for installation of the pipe. This represents an average productivity loss of 51.9% and does not consider the range of productivity that produces a reasonable margin for overhead and profit (i.e., overly conservative). Because of the difficulties in establishing a reasonable linear foot increase acceptable to staff and the contractor, staff is recommending that the work move forward by force account. Force account procedures are essentially a cost plus method of compensating the contractor. The total cost of the project will be all direct costs associated with project (labor and material) plus a fixed margin of 10% for overhead and profit and 1% of the total project cost for bonds. This method will fix overhead and profit and compensates the contractor for work performed. To ensure direct cost compliance claims by the contractor, all work will be closely monitored and the contractor will be required to supply detailed labor and material records at the beginning and end of each workday at which time any discrepancies will be reconciled. The force account method equitably compensates the contractor for actual work performed and is often used by Public Agencies when the aforementioned problems arise. Staff is recommending force account method of compensation because of the uncertainty associated with the excavation in this area, the complexity of the project and because it provides an equitable method of compensating the contractor for actual work completed versus a negotiated unit cost increase of the bid price as described above. The estimated worst case construction cost increase of $354,510 was established by assuming all storm drain pipe would be installed in poor subgrade soil conditions. Staff recommends increasing the authorized compensation for Excel Paving Company’s existing contract by $355,000 for a total authorization potential of $996,000 under force account compensation procedures. In addition, staff is recommending an increase to Merit Civil Engineering’s existing professional service agreement by $20,000 to account for the anticipated increases in inspection and contract administration. CONCLUSION Due to the poor soil conditions encountered in this project the cost to complete the project has substantially increased. Stopping the project and delaying its completion, to find out more about subsurface conditions, is unlikely to reduce the true cost of the project. Thus, it is recommended to finish the work with Excel Paving Company. Because it is unknown how much of the project will encounter poor soil conditions and the problems associated with equitably compensating the contractor for actual work completed, it is recommended to complete the work by force account methods. Accordingly, it is necessary to increase Excel Paving Company’s total authorization for the project by a worst case increase of $355,000 for a total authorization potential of $996,000, by the force account procedures. In addition, staff is recommending an increase to Merit Civil Engineering’s existing professional service agreement by $20,000 to account for the anticipated increases in inspection and contract administration. ALTERNATIVE A number of other alternatives are considered in previous portions of the report FISCAL IMPACT The recommended actions increase authorized expenditures within the Capital Improvements Program (CIP) budget by $375,000. This will require adoption of budget adjustment resolution, which has been attached as Exhibit "B". The increase in expenditures will be funded with accumulated CIP reserves. Based on a review of the City’s Five Year Model, CIP reserves are sufficient to absorb these additional costs. Respectfully submitted: Dean E. Allison, Director of Public Works Reviewed by: Les Evans, City Manager Attachments: Exhibit "A" – Report from Merit Civil Engineering, Inc. Exhibit "B" – Report from Group Delta Consultants, Inc. Exhibit "C" – Budget Resolution No. 2000-__.
15.Agreement with the City of Palos Verdes Estates for the Construction of Storm Drain Improvements. (Allison)
TO:HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL RECOMMEDATIONS
BACKGROUND A drainage deficiency exists along western boundary of the City in an area seaward of Palos Verdes Drive West, between Margarite Drive in Rancho Palos Verdes and Paseo del Mar in Palos Verdes Estates. This deficiency allows drainage to enter into an unstable area of the coastal bluff where it cascades over the unprotected bluff and exacerbates movement. The area of instability affects property in both cities. To correct this condition a new storm drain system routing drainage away from the unstable area is required. The majority of the storm drain system will be located within the City of Palos Verdes Estates, while the majority of storm water runoff in the storm drain system will be generated from the City or Rancho Palos Verdes. Staff members from both Cities have worked together to solve the drainage deficiency. The attached agreement provides for the design, construction, and inspection of the improvements. DISCUSSIONS Under the proposed agreement the City of Palos Verdes Estates is the lead agency, and will be responsible for entering into contracts for the design, construction and inspection of the improvements. They will also be responsible for the necessary permits and environmental clearances. The cost for engineering and construction will be shared equally between the two Cities. Under the agreement each City will bear its own administrative costs, and each City will be responsible for acquiring the necessary easements within its jurisdiction. The agreement provides assurance that the City of Rancho Palos Verdes has adequate control over the technical aspects of the design, and the control of costs. The maximum costs to be expended per this agreement are:
The anticipated schedule is as follows:
CONCLUSIONS Adopting the staff recommendations will result in the execution of an agreement that provides for a joint drainage improvement project with the City of Palos Verdes Estates. If staff recommendations are approved the contract will move forward and be awarded by the City of Palos Verdes Estates under their standard procedures. No further action by the Rancho Palos Verdes City Council will be required unless the low bid amount exceeds $1.2 million or if total change orders exceed ten percent of the award amount. ALTERNATIVE ACTION The alternative action is to not approve the agreement and direct staff to make certain revisions, or to notify the City of Palos Verdes Estates that we do not wish to participate in the project. FISCAL IMPACT The recommended actions will result in expenditures of up to $ 735,000. This project was not identified in the adopted budget and a budget adjustment is required. The budget adjustment transfers $735,000 from the General Fund to the Capital Improvement Project Fund. Submitted by, Dean E. Allison, Director of Public Works Reviewed by, Les Evans, City Manager Attachments: Location Map Resolution 2000 – Agreement CLOSED SESSION REPORT: ORAL CITY COUNCIL REPORTS: (This section designated to oral reports from councilmembers who wish/need to report on Council assignments.) ADJOURNMENT: Adjourn to Saturday, October 7, 2000 at 9:00 a.m. for the Community Leaders’ Breakfast. CLOSED SESSION AGENDA CHECKLIST Based on Government Code Section 54954.5 (All Statutory References are to California Government Code Sections) CONFERENCE WITH REAL PROPERTY NEGOTIATOR G.C. 54956.8 Property: 30940 Hawthorne Boulevard, APN #7573-002-908, 909, 910, 913 City Negotiators:City Manager; City Attorney; Director of Planning, Building and Code Enforcement; and, PMW Associates Negotiating Parties: York Long Point Associates and Destination Resorts Under Negotiation: Price and Terms of Payment CONFERENCE WITH REAL PROPERTY NEGOTIATOR G.C. 54956.8 Property: Agua Armaga Parcels 7583-022-008, 7583-022-011; Parcel 4 7573-003-017; Filiorum 7581-023-29, 7581-023-30; Portuguese Bend 7572-001-001 through 007. City Negotiators:City Manager; City Attorney; and, Director of Planning, Building and Code Enforcement Negotiating Parties:Palos Verdes Peninsula Land Holdings and York Long Point Associates Under Negotiation: Price and Terms of Payment CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation: (G.C. 54956.9(b) _X_A point has been reached where, in the opinion of the City Council/ Agency on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City Council/Agency based on _X_ A statement made by Ken Zuckerman to Dean Allison on 9/28/00 outside an open meeting of City/Agency regarding The Ocean Trails Project And a record of the statement was made: _X_ byDean Allison, Director of Public Works prior to the meeting and is available for publicinspection in the City Clerk’s office. RANCHO PALOS VERDES REDEVELOPMENT AGENCY AGENDA OCTOBER 3, 2000 FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD CALL TO ORDER APPROVAL OF AGENDA: APPROVAL OF CONSENT CALENDAR:
A.Minutes of September 5, 2000. (Purcell)
B.Update to the Agency’s Conflict of Interest Code – Amendment to Designated Positions. (Purcell)
TO:HONORABLE CHAIR & MEMBERS OF THE BOARD FROM:AGENCY SECRETARY DATE:OCTOBER 3, 2000 SUBJECT:UPDATE OF THE AGENCY’S CONFLICT OF INTEREST CODE – AMENDMENT TO DESIGNATED POSITIONS RECOMMENDATION ADOPT RESOL. NO. RDA 2000- A RESOLUTION OF THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY ADOPTING A CONFLICT OF INTEREST CODE CONTAINING DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES AND REPEALING RESOL. NO. RDA 97-05. INTRODUCTION Adoption of this resolution will update the Agency’s Conflict of Interest Code to include certain designated positions that have been established since the 1997 update and to reflect those positions, which, from time to time, are assigned RDA projects. BACKGROUND The Agency’s Code is identical to the code adopted by the City and differs only in the positions listed on Appendix "A" of the proposed resolutions. Specifically, this list of Designated Positions has been amended to replace the defunct Panel of Experts with the Geological Peer Review Group. CONCLUSION The Agency’s Code is identical to the code adopted by the City and is in need of updating to add certain designated positions that now work on Agency projects. Respectfully submitted, Jo Purcell Reviewed: Les Evans, Executive Director RESOLUTION NO. RDA 2000- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO PALOS VERDES ADOPTING AN AMENDED CONFLICT OF INTEREST CODE CONTAINING REVISED DESIGNATED POSITIONS, DISCLOSURE CATEGORIES AND REPEALING RESOLUTION RDA NO. 97-05 THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. The Political Reform Act, Government Code Section 81000, et seq., requires the Redevelopment Agency of the City of Rancho Palos Verdes ("Agency") to adopt a conflict of interest code for each department of the Agency. Section 2. The Fair Political Practices Commission has adopted a Model Conflict of Interest Code (the "Model Code"). The Model Code, codified at 2 California Code of Regulations Section 18730, can be incorporated by reference by the Agency as its conflict of interest code. That Model Code will be amended by the Fair Political Practices Commission from time to time to conform to amendments to the Political Reform Act. Section 3. Pursuant to Resolution No. 97-05, the Agency adopted a Conflict of Interest Code containing designated positions and disclosure categories. By this resolution the Agency is adopting an updated Conflict of Interest Code, designated positions and disclosure categories. Section 4. The Model Code, attached hereto as Exhibit "A" and any amendments to it duly adopted by the Fair Political Practices Commission, and Appendix A which sets forth the designated positions and the disclosure categories for each position of the Agency are hereby incorporated by reference and shall constitute the Conflict of Interest Code for the Redevelopment Agency of the City of Rancho Palos Verdes. Section 5. Persons holding designated positions listed in Appendix A shall file Statements of Economic Interest pursuant to Section 5 of the Conflict of Interest Code with the information required for the disclosure category assigned to them. Section 6. The Agency hereby directs the Secretary of the Agency and Agency Counsel to coordinate the preparation of a revised Conflict of Interest Code in succeeding even-numbered years in accordance with the requirements of Government Code Sections 87306 and 87306.5. The revised Code should reflect any changes in department or employee designations. If no revisions to the Code are required, the Secretary of the Agency shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required. Section 7. Resolution No. 97-05 of the City, passed and adopted on July 1, 1997 is hereby repealed in its entirety. Section 8. The Secretary of the Agency shall certify to the passage and adoption of this Resolution. PASSED, APPROVED and ADOPTED this 3rd day of October, 2000.
Chairman ATTEST:
Agency Secretary STATE OF CALIFORNIA) COUNTY OF LOS ANGELES)SS CITY OF RANCHO PALOS VERDES) I, JO PURCELL, Agency Secretary of the Rancho Palos Verdes Redevelopment Agency hereby certify that the above Resolution No. RDA 2000- was duly and regularly passed and adopted by the said Redevelopment Agency at a regular meeting thereof held on October 3, 2000. EXHIBIT A Conflict of Interest Code Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. Sections 18100, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this Conflict of Interest Code. Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests. Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a Conflict of Interest Code for another agency, if all of the following apply: A.The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; B.The disclosure assigned in the code of the other agency is the same as that required under Article 2 of Chapter 7 of the Political Reform Act, Government Code Section 87200; and C.the filing officer is the same for both agencies./ Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those financial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee’s disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or her office. Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency’s Conflict of Interest Code./ Section 5. Statements of Economic Interests: Time of Filing. A.Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. B.Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. C.Annual Statements. All designated employees shall file statements no later than April 1. D.Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. A.Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: 1.File a written resignation with the appointing power; and 2.File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. Section 6. Contents of and Period Covered by Statements of Economic Interests. A.Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. B.Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. C.Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee’s first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later. D.Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: A.Investment and Real Property Disclosure. When an investment or an interest in real property3/ is required to be reported,4/ the statement shall contain the following: 1.A statement of the nature of the investment or interest: 2.The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3.The address or other precise location of the real property; 4.A statement whether the fair market value of the investment or interest in real property exceeds one thousand dollars ($1,000), exceeds ten thousand dollars ($10,000), or exceeds one hundred thousand dollars ($100,000). B.Personal Income Disclosure. When personal income is required to be reported,5/ the statement shall contain: 1.The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source. 2.A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), or greater than ten thousand dollars ($10,000); 3.A description of the consideration, if any, for which the income was received; 4.In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5.In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. C.Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6/ the statement shall contain: 1.The name, address, and a general description of the business activity of the business entity; 2.The name of every person from whom the business entity received payments if the filer’s pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000). D.Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee’s position with the business entity. E.Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. Section 8. Prohibition on Receipt of Honoraria. A.No member of a state board or commission, and no designated employee of a state of local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This Section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions in this Section. This Section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code Section 89506. Section 8.1. Prohibition on Receipt of Gifts in Excess of $300. A.No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $300 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This Section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (e), (f), and (g) of Government Code Section 89503 shall apply to the prohibitions in this Section. Section 8.2. Loans to Public Officials. A.No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer’s agency has direction and control. B.No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official’s agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. C.No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer’s agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender’s regular course of business on terms available to members of the public without regard to the elected officer’s official status. D.No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer’s agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender’s regular course of business on terms available to members of the public without regard to the elected officer’s official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. E.This section shall not apply to the following: 1.Loans made to the campaign committee of an elected officer or candidate for elective office. 2. Loans made by a public official’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in- law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person, which, in the aggregate, do not exceed two hundred fifty dollars ($250) at any given time. 4.Loans made, or offered in writing, before January 1, 1998. Section 8.3. Loan Terms. A.Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred dollars ($500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. B. This section shall not apply to the following types of loans: 1.Loans made to the campaign committee of the elected officer. 2.Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. C. Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. Section 8.4. Personal Loans. A.Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 1.If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: a.The date the loan was made. b.The date the last payment of one hundred dollars ($100) or more was made on the loan. c.The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty dollars ($250) during the previous 12 months. B.This section shall not apply to the following types of loans: 1.1.A loan made to the campaign committee of an elected officer or a candidate for elective office. 2.A loan that would otherwise not be a gift as defined in this title. 3.A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4.A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5.A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. C.Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. Section 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: A.Any business entity in which the designated employee has a direct or indirect investment worth on thousand dollars ($1,000) or more; B.Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars ($1,000) or more; C.Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; D.Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or E.Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $300 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. Section 9.3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this Section. Section 9.5 Disqualification of State Officers and Employees. In addition to the general disqualification provisions of Section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: A.Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or B.Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollars ($1,000) or more. Section 10. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying interest. In the case of a voting body, this determination and disclosure shall be made part of the agency’s official record; in the case of a designated employee who is the head of an agency, this determination and disclosure shall be made in writing to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee’s supervisor. Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code Section 83114 or from the attorney for his or her agency, provided that nothing in this Section requires the attorney for the agency to issue any formal or informal opinion. Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code Sections 81000-91015. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code Section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code Section 91003. DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES FOR THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO PALOS VERDES
Disclosure Categories 1.Persons holding designated positions which are assigned a disclosure category of "1" above are not required to report under this Conflict of Interest Code because they hold positions within the City of Rancho Palos Verdes which are required to report pursuant to California Government Code Section 87200. Persons in this category "1" are, however, subject to the disqualification provisions of this Code when acting in their official capacity for the Redevelopment Agency of the City of Rancho Palos Verdes. 2.Reportable interest in real property located within the City of Rancho Palos Verdes or within two miles of the boundaries of the City. (FPPC Form 700, Schedule B). 3.Reportable income from any business entity, and reportable business positions in business entities, that provides, plans to provide, or has provided within two years prior to the time a statement is required under this conflict of interest code, engineering, geological analysis or other services to owners of property in the City of Rancho Palos Verdes or within two miles from the boundaries of the City of Rancho Palos Verdes. (FPPC Form 700, Forms C, D, E and F). 4. Reportable investments in any business entity that provides, plans to provide, or has provided within two years prior to the time a statement is required under this conflict of interest code, engineering, geological analysis or other services to owners of property in the City of Rancho Palos Verdes or within two miles from the boundaries of the City of Rancho Palos Verdes. (FPPC Form 700, Forms A-1 and A-2). 5.Persons holding designated positions which are assigned a disclosure category of "5 above are not required to prepare a separate Statement of Economic Interest (Form 700) for their position with the Agency because they also hold positions which are already required to disclose and report under the Conflict of Interest Code of the City of Rancho Palos Verdes. Persons in this category should list their position with the Agency in Section 1 of Form 700 that they file with the City. Persons in this category "5" are, however, subject to the disqualification provisions of this Code when acting in their official capacity for the Redevelopment Agency of the City of Rancho Palos Verdes. 6For consultants who serve in a staff capacity with the Agency, the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position. For consultants who do not serve in a staff capacity, the following disclosure categories shall be used: Persons required to disclose in this category shall disclose pursuant to categories A, B, C and D below unless the Executive Director determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories A, B, C and D. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Director's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. A.Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B). B.Reportable income and business positions. (FPPC Form 700, Schedules C and D). C.Reportable investments. (FPPC Form 700, Schedules A-1 and A-2). D.Reportable gifts and travel gifts. (FPPC Form 700, Schedules E and F).
C.August 2000 Treasurer’s Report. (Burton)
TO:HONORABLE CHAIRMAN AND MEMBERS OF THE BOARD FROM:FINANCE DIRECTOR/AGENCY TREASURER DATE:OCTOBER 3, 2000 SUBJECT:AUGUST 2000 TREASURER’S REPORT Staff Coordinator: Matt Burton, Accounting Manager RECOMMENDATION: Receive and file the August 2000 Treasurer's Report for the Rancho Palos Verdes Redevelopment Agency. BACKGROUND: Government Code Section 53646 requires all government entities to submit an investment report to the governing board on at least a quarterly basis. Staff has elected to separately prepare a monthly Treasurer’s report for each of the three components (City, Redevelopment Agency, Improvement Authority) of the City. The three reports summarize the monthly cash and investment activities for each of the entities, in addition to documenting individual fund cash balances at month end. The attached treasurer's report covers the month of August 2000 for the Redevelopment Agency. ANALYSIS: The cash balances of the Redevelopment Agency decreased by slightly over $40,000 during the month, ending August 2000 with a balance of $6,467,273. The decrease is the result of receiving only $4,274 of tax increment revenue from the County while Agency expenditures totaled approximately $45,000. Agency cash disbursements related primarily to the acquisition of easements and the payment of invoices to consultants for work on the Abalone Cove Sewer and Storm Drain Project. Respectfully submitted, Dennis McLean, Finance Director/Agency Treasurer Reviewed: Les Evans, Executive Director
D.Register of Demands. (McLean)
############ REGULAR BUSINESS:
E.Groundwater Analysis in Abalone Cove and Portuguese Bend. (Allison)
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE BOARD FROM:DIRECTOR OF PUBLIC WORKS DATE:OCTOBER 3, 2000 SUBJECT:GROUNDWATER ANALYSIS IN ABALONE COVE AND PORTUGUESE BEND RECOMMENDATIONS
BACKGROUND Christi Hill, who recently received her Ph.D. from the University of Southern California, is conducting research into the Abalone Cove and Portuguese Bend landslides. The focus of research is the analysis of groundwater to determine:
The research is being performed with the assistance of Dr. Robert Douglas, a Professor of Earth Sciences at USC, and Chairman of the Abalone Cove Landslide Abatement District. A summary of the research being conducted is attached. The RDA Board has previously contributed $6,5000 towards this research to offset the costs for chemical analyses. DISCUSSION One area of research that is about to be conducted is of particular interest to the Agency. This research will focus on storm flows in Alta Mira Canyon Channel. The research will attempt to determine the amount of canyon storm water that seeps into the ground and identify where along the canyon it occurs. This information will be helpful to the Agency to determine where along Alta Mira Canyon channel improvements would be most helpful. The research will measure storm flows this winter at certain points along the canyon. The funding request is for the labor and material required for measurements. CONCLUSION Adopting the staff recommendation will fund research that will be very helpful to the Agency regarding channel improvements for Alta Mira Canyon. FISCAL IMPACT Funding is available in the Adopted Budget for Abalone Cove in the Engineering function. Respectfully Submitted, Dean E. Allison, Director of Public Works Reviewed, Les Evans , Executive Director Attachment: Abstract of Investigation PUBLIC COMMENTS: This section of the agenda is for audience comments on items NOT on the agenda: each speaker is limited to three minutes. ADJOURNMENT: Adjourn to a time and place certain only if you wish to meet prior to the next regular Redevelopment Agency meeting. RANCHO PALOS VERDES IMPROVEMENT AUTHORITY AGENDA OCTOBER 3, 2000 FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD CALL TO ORDER: APPROVAL OF AGENDA: APPROVAL OF CONSENT CALENDAR:
1.Minutes of September 5, 2000. (Purcell)
2.Adoption of a Conflict of Interest Code for the Improvement Authority. (Purcell)
TO:HONORABLE CHAIR & MEMBERS OF THE AUTHORITY FROM:COMMISSION SECRETARY DATE:OCTOBER 3, 2000 SUBJECT:ADOPTION OF A CONFLICT OF INTEREST CODE FOR THE IMPROVEMENT AUTHORITY RECOMMENDATION ADOPT RESOL NO. IA 2000 – A RESOLUTION OF THE RANCHO PALOS VERDES IMPROVEMENT AUTHORITY ADOPTING A CONFLICT OF INTEREST CODE CONTAINING DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES. INTRODUCTION Adoption of this resolution will establish a Conflict Of Interest Code for the Improvement Authority. BACKGROUND A Conflict of Interest Code has never been adopted by the Improvement Authority. This proposed Code is identical to the one adopted by the City and the Redevelopment Agency. Respectfully submitted, Jo Purcell Reviewed: Les Evans, City Manager RESOLUTION NO. IA 2000 - A RESOLUTION OF THE RANCHO PALOS VERDES IMPROVEMENT AUTHORITY ADOPTING A CONFLICT OF INTEREST CODE CONTAINING DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES THE IMPROVEMENT AUTHORITY OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. The Political Reform Act, Government Code Section 81000, et seq., requires the Improvement Authority of the City of Rancho Palos Verdes ("Authority") to adopt a conflict of interest code for each department of the Authority. Section 2. The Fair Political Practices Commission has adopted a Model Conflict of Interest Code (the "Model Code"). The Model Code, codified at 2 California Code of Regulations Section 18730, can be incorporated by reference by the Authority as its conflict of interest code. That Model Code will be amended by the Fair Political Practices Commission from time to time to conform to amendments to the Political Reform Act. Section 3. The Model Code, attached hereto as Exhibit "A" and any amendments to it duly adopted by the Fair Political Practices Commission, and Appendix A which sets forth the designated positions and the disclosure categories for each position of the Authority are hereby incorporated by reference and shall constitute the Conflict of Interest Code for the Improvement Authority of the City of Rancho Palos Verdes. Section 4. Persons holding designated positions listed in Appendix A shall file Statements of Economic Interest pursuant to Section 5 of the Conflict of Interest Code with the information required for the disclosure category assigned to them. Section 5. The Authority hereby directs the Secretary of the Authority and Authority Counsel to coordinate the preparation of a revised Conflict of Interest Code in succeeding even-numbered years in accordance with the requirements of Government Code Sections 87306 and 87306.5. The revised Code should reflect any changes in department or employee designations. If no revisions to the Code are required, the Secretary of the Authority shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required. Section 6. The Secretary of the Authority shall certify to the passage and adoption of this Resolution. PASSED, APPROVED and ADOPTED this 3rd day of October, 2000. Chairman ATTEST: Secretary of the Authority STATE OF CALIFORNIA) COUNTY OF LOS ANGELES)SS CITY OF RANCHO PALOS VERDES) I, JO PURCELL, Secretary to the Rancho Palos Verdes Improvement Authority hereby certify that the above Resolution No. IA 2000- was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on October 3, 2000. Secretary of the Authority EXHIBIT A Conflict of Interest Code Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. Sections 18100, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this Conflict of Interest Code. Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests. Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a Conflict of Interest Code for another agency, if all of the following apply: A.The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; B.The disclosure assigned in the code of the other agency is the same as that required under Article 2 of Chapter 7 of the Political Reform Act, Government Code Section 87200; and C.The filing officer is the same for both agencies. Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those financial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee’s disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or her office. Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency’s Conflict of Interest Code./ Section 5. Statements of Economic Interests: Time of Filing. A.Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. B.Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. C.Annual Statements. All designated employees shall file statements no later than April 1. D.Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. A.Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: 1.File a written resignation with the appointing power; and 2.File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. Section 6. Contents of and Period Covered by Statements of Economic Interests. A.Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. B.Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. C.Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee’s first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later. D.Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: A.Investment and Real Property Disclosure. When an investment or an interest in real property3/ is required to be reported,4/ the statement shall contain the following: 1.A statement of the nature of the investment or interest: 2.The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3.The address or other precise location of the real property; 4.A statement whether the fair market value of the investment or interest in real property exceeds one thousand dollars ($1,000), exceeds ten thousand dollars ($10,000), or exceeds one hundred thousand dollars ($100,000). B.Personal Income Disclosure. When personal income is required to be reported,5/ the statement shall contain: 1.The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source. 2.A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), or greater than ten thousand dollars ($10,000); 3.A description of the consideration, if any, for which the income was received; 4.In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5.In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. C.Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6/ the statement shall contain: 1.The name, address, and a general description of the business activity of the business entity; 2.The name of every person from whom the business entity received payments if the filer’s pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000). D.Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee’s position with the business entity. E.Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. Section 8. Prohibition on Receipt of Honoraria. A.No member of a state board or commission, and no designated employee of a state of local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This Section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions in this Section. This Section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code Section 89506. Section 8.1. Prohibition on Receipt of Gifts in Excess of $300. A.No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $300 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This Section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (e), (f), and (g) of Government Code Section 89503 shall apply to the prohibitions in this Section. Section 8.2. Loans to Public Officials. A.No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer’s agency has direction and control. B.No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official’s agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. C.No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer’s agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender’s regular course of business on terms available to members of the public without regard to the elected officer’s official status. D.No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer’s agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender’s regular course of business on terms available to members of the public without regard to the elected officer’s official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. E.This section shall not apply to the following: 1.Loans made to the campaign committee of an elected officer or candidate for elective office. 2. Loans made by a public official’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in- law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed two hundred fifty dollars ($250) at any given time. 4.Loans made, or offered in writing, before January 1, 1998. Section 8.3. Loan Terms. A.Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred dollars ($500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. B. This section shall not apply to the following types of loans: 1.Loans made to the campaign committee of the elected officer. 2.Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. C. Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. Section 8.4. Personal Loans. A.Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 1.If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: a.The date the loan was made. b.The date the last payment of one hundred dollars ($100) or more was made on the loan. c.The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty dollars ($250) during the previous 12 months. B.This section shall not apply to the following types of loans: 1.1.A loan made to the campaign committee of an elected officer or a candidate for elective office. 2.A loan that would otherwise not be a gift as defined in this title. 3.A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4.A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5.A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. C.Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. Section 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: A.Any business entity in which the designated employee has a direct or indirect investment worth on thousand dollars ($1,000) or more; B.Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars ($1,000) or more; C.Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; D.Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or E.Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $300 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. Section 9.3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this Section. Section 9.5 Disqualification of State Officers and Employees. In addition to the general disqualification provisions of Section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: A.Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or B.Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollars ($1,000) or more. Section 10. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying interest. In the case of a voting body, this determination and disclosure shall be made part of the agency’s official record; in the case of a designated employee who is the head of an agency, this determination and disclosure shall be made in writing to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee’s supervisor. Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code Section 83114 or from the attorney for his or her agency, provided that nothing in this Section requires the attorney for the agency to issue any formal or informal opinion. Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code Sections 81000-91015. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code Section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code Section 91003. DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES FOR THE IMPROVEMENTAUTHORITY OF THE CITY OF RANCHO PALOS VERDES
Disclosure Categories 1.Persons holding designated positions which are assigned a disclosure category of "1" above are not required to report under this Conflict of Interest Code because they hold positions within the City of Rancho Palos Verdes which are required to report pursuant to California Government Code Section 87200. Persons in this category "1" are, however, subject to the disqualification provisions of this Code when acting in their official capacity for the Improvement Authority of the City of Rancho Palos Verdes. 2.Persons holding designated positions which are assigned a disclosure category of "2" above are not required to prepare a separate Statement of Economic Interest (Form 700) for their position with the Authority because they also hold positions which are already required to disclose and report under the Conflict of Interest Code of the City of Rancho Palos Verdes. Persons in this category should list their position with the Authority in Section 1 of Form 700 that they file with the City. Persons in this category "2" are, however, subject to the disqualification provisions of this Code when acting in their official capacity for the Improvement Authority of the City of Rancho Palos Verdes. 3.For consultants who serve in a staff capacity with the Authority, the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position. For consultants who do not serve in a staff capacity, the following disclosure categories shall be used: Persons required to disclose in this category shall disclose pursuant to categories A, B, C and D below unless the Executive Director determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories A, B, C and D. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Director's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. A.Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B). B.Reportable income and business positions. (FPPC Form 700, Schedules C and D). C.Reportable investments. (FPPC Form 700, Schedules A-1 and A-2). D.Reportable gifts and travel gifts. (FPPC Form 700, Schedules E and F).
3.August 2000 Treasurer’s Report. (Burton)
TO:HONORABLE CHAIR AND MEMBERS OF THE COMMISSION FROM:FINANCE DIRECTOR/AUTHORITY TREASURER DATE:OCTOBER 3, 2000 SUBJECT:AUGUST 2000 TREASURER’S REPORT Staff Coordinator: Matt Burton, Accounting Manager RECOMMENDATION: Receive and file the August 2000 Treasurer's Report for the Rancho Palos Verdes Improvement Authority. BACKGROUND: Government Code Section 53646 requires all government entities to submit an investment report to the governing board on at least a quarterly basis. Staff has elected to separately prepare a monthly Treasurer’s report for each of the three components (City, Redevelopment Agency, Improvement Authority) of the City. The three reports summarize the monthly cash and investment activities for each of the entities, in addition to documenting individual fund cash balances at month end. The attached treasurer's report covers the month of August 2000 for the Improvement Authority. ANALYSIS: The Improvement Authority’s cash balances increased by approximately $3,400 during the month, ending with an overall balance of $1,520,749 at August 31, 2000. The month’s cash activity consisted of the receipt of the $7,917 monthly transfer from the City’s General fund to the Authority’s Portuguese Bend fund and approximately $4,500 of cash disbursements. These disbursements were associated with electric costs and routine dewatering well maintenance activities. Respectfully submitted, Dennis McLean Finance Director/Authority Treasurer Reviewed: Les Evans Chief Administrative Officer
4.Register of Demands. (McLean)
###### PUBLIC COMMENTS: For items NOT on the agenda. Speakers are limited to three minutes. ADJOURNMENT: Adjourn to a time and place certain only if you wish to meet prior to the next regular meeting. |
