DISCLAIMER

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

...end of disclaimer...

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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 6.3 The 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.

1. Minutes of March 20, 2001. (Purcell)

Recommendation: Adopt the Minutes.

2. Arterial Rehabilitation Program. (Vaish)

Recommendation: (1) Award a professional service contract to Willdan and Associates for services related to the City’s Arterial Rehabilitation Program. (2) Authorize the Mayor and the City Clerk to execute a contract with Willdan and Associates for a not to exceed amount of $ 50,000, and authorize the expenditure of up to an additional $3,000, for a total authorization of $ 53,000. (3) ADOPT RESOLUTION 2001-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2000-33, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2000-01, FOR A BUDGET ADJUSTMENT TO THE CITY’S CAPITAL PROJECTS FUND.

3. February 2001 Treasurer’s Report. (Burton)

Recommendation: Receive and file.

4. Register of Demands. (McLean.)

Recommendation: ADOPT RESOLUTION NO. 2001-__, 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.

5. Engineering Services for Drainage Improvements along Palos Verdes Drive East. (Massetti)

Recommendation: (1) Award a professional service contract to RBF Consulting for engineering services for drainage improvements along Palos Verdes Drive East in an amount not to exceed $179,800, and authorize the expenditure of up to an additional $15,200 for possible extra services for a total authorization of $195,000. (2) Authorize the Mayor and the City Clerk to execute an agreement with RBF Consulting. (3) Authorize the expenditure of up to $10,000 under the ‘on-call’ contract with Zeiser Kling Consultants Inc, for engineering services for Palos Verdes Drive East drainage improvements.

PUBLIC COMMENTS: (at approximately 8:40 P.M.)

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

6. Appointment of View Restoration Commission and Equestrian Committee Members. (Purcell)

Recommendation: Appoint one member to the Equestrian Committee and one regular and one alternate member to the View Restoration Commission for a term of office until April 2002.

7. Telecommunications Facilities within the Public Right of Way. (Allison)

Recommendation: (1) ADOPT RESOLUTION 2001-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING REGULATIONS REGARDING THE INSTALLATION OF TELECOMMUNICATION FACILITIES WITHIN THE PUBLIC RIGHT OF WAY. (2) Request that staff prepare an ordinance making certain amendments to Chapter 17.76.020 of the Municipal Code to ensure consistency between that chapter and these regulations.

8. Memorandum from Councilmember Douglas Stern recommending that the Recreation and Parks Committee Obtain Public Input and Review the Options for Public Use of City Hall Property and Upper Point Vicente Park.

ORAL CITY COUNCIL REPORTS: (This section designated to oral reports from councilmembers who wish/need to report on Council assignments.)

ADJOURNMENT: Adjourn to Saturday, April 7 at 9:00 A.M. for the Community Leaders’ Breakfast at Hesse Park.

CLOSED SESSION AGENDA CHECKLIST
Based on Government Code Section 54954.5

(All Statutory References are to California Government Code Sections)

G.C. 54956.8

Potential purchase of open space.

Property: Filiorum 7572-012-024, 7572-012-028, 7572-012-029, 7573-003-016, 7581-023-031, 7581-023-029, 7572-002-022

City Negotiators: City Manager; City Attorney; and, Director of Planning, Building and Code Enforcement

Negotiating Parties: York Long Point Associates

Under Negotiation: Price and Terms of Payment

The City Council/Agency finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation.

Existing Litigation:
G.C. 54956.9(a)

Name of Case: Jon Echevarrieta v. the City of Rancho Palos Verdes
(LASC No. YS006446,
Appellate Case No. B138366)

Public Employee Performance Evaluation
G.C. 54957
Title: City Manager

Recommendation: Adopt the Minutes.

2. Arterial Rehabilitation Program. (Vaish)

Recommendation: (1) Award a professional service contract to Willdan and Associates for services related to the City’s Arterial Rehabilitation Program. (2) Authorize the Mayor and the City Clerk to execute a contract with Willdan and Associates for a not to exceed amount of $ 50,000, and authorize the expenditure of up to an additional $3,000, for a total authorization of $ 53,000. (3) ADOPT RESOLUTION 2001-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2000-33, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2000-01, FOR A BUDGET ADJUSTMENT TO THE CITY’S CAPITAL PROJECTS FUND.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

1. Award a professional service contract to Willdan and Associates for services related to the City’s Arterial Rehabilitation Program.
2. Authorize the Mayor and City Clerk to execute a contract with Willdan and Associates for a not to exceed amount of $ 50,000, and authorize the expenditure of up to an additional $3,000, for a total authorization of $ 53,000.
3. Adopt Resolution 2001-__, A resolution of the City Council of the City of Rancho Palos Verdes, amending Resolution 2000-33, the budget appropriation for fiscal year 2000-01, for a budget adjustment to the City’s Capital Project’s Fund.

Beginning in Fiscal Year 2001 – 02, the Capital Improvement Program includes annual funding for an Arterial Rehabilitation Program. This multi-year program will improve the City’s arterial roadways in accordance with the pavement management program.

On March 6, 2001 an engineering contract was awarded for pavement testing and that work is underway. Engineering services are also needed to design the final plans. This staff report awards a contract for these design services.

It is important to note that a significant portion of the funding for this item, as well as the entire FY 2001 – 02 Arterial Rehabilitation Program, was provided by the County of Los Angeles through the office of Supervisor Donald Knabe.

To obtain the needed services, a request for proposal was submitted to three engineering firms capable of providing the needed services.

The following proposal were received:

Because the services required are routine in nature, and because all three firms are capable of providing quality services, price was the deciding factor in selecting Willdan Associates. In addition the Public Works Department has positive experience working with Willdan Associates on similar projects. Despite the wide variation in fees, staff is confident that the proposal submitted by Willdan provides the required services.

Adopting the staff recommendations will award an engineering contract to Willdan Associates for services related to the Arterial Rehabilitation Program.

FISCAL IMPACT

No funds are allocated in the adopted FY 2000 – 01 budget for these services. The attached budget resolution increases funding in the Capital Improvement Program for this work.

The funding sources for this project are as follows:

Respectfully Submitted
Dean E. Allison, Director of Public Works
Reviewed
Les Evans, City Manager

Attachments:
Resolution 2001 -
Proposal from Willdan Associates

RESOLUTION NO. 2001

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, AMENDING RESOLUTION 2000-33, THE BUDGET APPROPRIATION
FOR FISCAL YEAR 2000-01, FOR A BUDGET ADJUSTMENT TO THE CITY’S CAPITAL PROJECTS FUND

WHEREAS, Section 3.32 of the Rancho Palos Verdes Municipal Code provides that all expenditures in excess of budgeted allocations must be by supplemental appropriation of the City Council: and

WHEREAS, on June 6, 2000, the City Council of the City of Rancho Palos Verdes adopted Resolution 2000-33, approving a spending plan and authorizing a budget appropriation for the 2000-01 fiscal year: and

WHEREAS, it is necessary for the City to allocate additional funds to provide funding for a capital improvement project; and

WHEREAS, a budget increase in the Capital Improvement Projects Fund is necessary to authorize the expenditure of additional funds for the project.

BE IT, THEREFORE, RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES:

The following adjustments be made to the following fund budgets:

Proposition C Fund

PASSED, APPROVED, AND ADOPTED THE 3^rd DAY OF APRIL, 2001.

___________________________

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. 2001- was duly and regularly passed and adopted by the said City Council at regular meeting thereof held on April 3, 2001.

_____________________________

CITY CLERK

3. February 2001 Treasurer’s Report. (Burton)

Recommendation: Receive and file.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: FINANCE DIRECTOR

DATE: APRIL 3, 2001

Receive and file the February 2001 Treasurer's Report for the City of Rancho Palos Verdes.

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 February 2001.

The overall cash balances of the City totaled $25,189,369 at February 28, 2001. This represents a $24,000 increase during the month. The modest overall increase is a result of various factors in several individual funds of the City. These factors are discussed in detail below for each fund experiencing a significant fluctuation.

General Fund – General fund cash increased by approximately $294,000 during the month. The net increase was primarily the result of receiving approximately $180,000 of property tax revenue from the County and collecting an additional $60,000 for 2001 business license renewals. Additionally, expenditures for the month were slightly less than average due to the timing of some large payments. Staff anticipates General fund expenditures will increase above normal in March 2001 due to this timing issue.

Gas Tax Fund – The Gas Tax fund’s cash balance decreased by nearly $460,000 during the month. The large decrease is a result of two factors. First, due to the short month the State did not remit a monthly installment of Gas Tax monies to the City.

However, the City is scheduled to receive two payments from the State during March. Additionally, the Gas Tax fund disbursed $455,000 to the firm who performed the FY 2000-01 Slurry Seal maintenance program.

Habitat Restoration Fund – In accordance with an agreement regarding Shoreline Park, the City received $41,263 from Ocean Trails for habitat restoration. The cash balance in the Habitat Restoration fund at February 28, 2001 increased to slightly over $225,000.

CIP Fund – The cash balance in the CIP fund increased by $210,000 during the month. In addition to the $291,667 monthly transfer from the General fund, the CIP fund received $217,305 in Federal reimbursement for costs incurred on the PVDS Scenic Turnout project. Project expenditures for the month totaled just under $300,000 and related primarily to the FY 2000-01 Citywide Residential Overlay and the PVDS Reconstruction and Drainage Improvement project.

Special Trusts Fund – The cash balance in the Special Trusts fund decreased by over $173,000 during February. As discussed 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 the past month, the City made several large dollar payments on behalf of the Long Point project which accounted for the overall cash decrease.

Respectfully submitted,
Dennis McLean, Finance Director/Treasurer
Reviewed:
Les Evans, City Manager

4. Register of Demands. (McLean.)

Recommendation: ADOPT RESOLUTION NO. 2001-__, 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.

5. Engineering Services for Drainage Improvements along Palos Verdes Drive East. (Massetti)

Recommendation: (1) Award a professional service contract to RBF Consulting for engineering services for drainage improvements along Palos Verdes Drive East in an amount not to exceed $179,800, and authorize the expenditure of up to an additional $15,200 for possible extra services for a total authorization of $195,000. (2) Authorize the Mayor and the City Clerk to execute an agreement with RBF Consulting. (3) Authorize the expenditure of up to $10,000 under the ‘on-call’ contract with Zeiser Kling Consultants Inc, for engineering services for Palos Verdes Drive East drainage improvements.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PUBLIC WORKS

DATE: APRIL 3, 2001

Staff Coordinator: Steve Massetti

1. Award a professional service contract to RBF Consulting for engineering services for drainage improvements along Palos Verdes Drive East in an amount not to exceed $179,800, and authorize the expenditure of up to an additional $15,200 for possible extra services for a total authorization of $195,000.
2. Authorize the Mayor and City Clerk to execute an agreement with RBF Consulting.
3. Authorize the expenditure of up to $10,000 under the ‘on-call’ contract with Zeiser Kling Consultants Inc, for engineering services for Palos Verdes Drive East drainage improvements.

In 1998 a Citywide Master Plan of Drainage was prepared. This report prepared an inventory of drainage facilities, conducted a visual inspection of each facility, and performed preliminary calculations to determine if each system had sufficient hydraulic capacity. The report identified the drainage facilities along Palos Verdes East as the most deficient in the city. A conservative estimate of costs to address these drainage systems along Palos Verdes Drive East is $10 million.

Since completion of the report, the city has constructed two major drainage projects in the area, and a third is scheduled for this summer. These projects have been reactive in nature, in response to flooding events. Given the high cost of the needed repairs, and the fact that there are 26 different drainage facilities along Palos Verdes Drive East, a multi-year program of improvement needs to be established. Such a program would allow the City to act more strategically in selecting and completing projects in a manner similar to how roadway improvements have been accomplished.

An important benefit of investigating the drainage improvements along Palos Verdes Drive East collectively is that the Public Works Department will be able to deliver completed project more promptly. This is because the report will develop preliminary plans for all 26 drainage facilities along Palos Verdes Drive East. These preliminary plans will be used to identify environmental impacts, needed rights of way, and potential utility conflicts. Projects can be completed more efficiently when these issues are identified early in the design process.

This staff report awards a contract to perform the required engineering to prepare the study, as well as engineering services to prepare final improvement plans found to be the most deficient. In addition this staff report authorizes the expenditure of $10,000 for geologic services.

This study will examine 26 drainage facilities along Palos Verdes Drive East. A list of these facilities is attached as Exhibit "A", and map of the facilities is included as Exhibit "B".

The specific deliverables for this study are:

1. Video inspection of storm drain facilities.
2. Neighborhood meetings to better understand local drainage conditions.
3. Hydrologic and hydraulic study of each facility.
4. Preliminary engineering plans for each system.
5. Preliminary cost estimate.
6. Scour analysis of downstream canyons.
7. Analysis of priorities.
8. Final engineering plans and bid documents for the two systems found to be the most deficient.

The estimated schedule for deliverables is as follows:

Once engineering plans are completed, the environmental processing can begin to allow for construction of the first two projects will take place in the Summer of 2002.

To obtain the needed services, a Request for Proposal (RFP) for Professional Engineering Services was issued and proposals were received from five (5) firms. The proposals received were evaluated based on Council-approved criteria as follows:

The proposal ratings for the firms are as follows:

The RFP requested each firm to propose the professional services needed to complete the requested tasks, including engineering, administrative, and clerical services. RBF Consulting was selected as the most qualified firm to provide the requested services. The proposed contract for professional engineering services is a not-to-exceed contract for a defined scope of work.

A breakdown of the fee is as follows:

A single proposal for the geotechnical services was requested from Zeiser Kling Consulting Inc. This firm was singled out due to their familiarity with the existing geologic conditions and their experience in working with similar projects. The proposed contract for geotechnical service is a time and material contract for a not to exceed amount.

Based upon the City’s criteria for evaluating the qualifications of professional service firms, RBF is the most qualified firm. RBF’s proposal is attached as Exhibit "C". The proposed staff assigned to the project exhibit considerable experience on similar projects and have experience working on similar projects for the City of Rancho Palos Verdes in the past.

An alternative is to award an agreement to a different consultant. However, in staff’s opinion, there is no overriding reason to choose any of the other proposing consultants over RBF Consulting.

The recommended action will encumber up to $195,000 for engineering design services and $10,000 for related geotechnical services. The funding source for the drainage facilities assessment and 5-year improvement plan for the Drainage facilities on Palos Verdes Drive East is the Capital Improvement Program Fund. There is adequate funding in the adopted FY 00/01 budget.

Respectfully Submitted,
Dean E. Allison, Director of Public Works
Reviewed by,
Les Evans, City Manager

Attachments:

Exhibit "A": List of Drainage Facilities along PVDE
Exhibit "B": Location Map
Exhibit "C" Proposal for Professional Services

PUBLIC COMMENTS: (at approximately 8:40 P.M.)

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

6. Appointment of View Restoration Commission and Equestrian Committee Members. (Purcell)

Recommendation: Appoint one member to the Equestrian Committee and one regular and one alternate member to the View Restoration Commission for a term of office until April 2002.

TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS

Appoint one member to the Equestrian Committee and one regular and one alternate member to the View Restoration Commission for a term of office until April 2002.

Appointment of these members to the Equestrian Committee and the View Restoration Commission will bring these advisory boards up to their full complement of membership: Equestrian Committee – nine members; and, View Restoration Commission – seven regular members and three alternates.

The City Clerk’s Office is in receipt of nine applications from residents who are interested in serving on either the Equestrian Committee or the View Restoration Commission. Under separate cover the City Council received the resumes of these candidates and interview of the candidates was scheduled to occur just prior to the April 3^rd City Council meeting.

Notice of these vacancies were posted in accordance with the Maddy Local Appointive Act and ballots have been prepared to enable the City Council to make these appointments at this meeting.

Vacancies exist on two of the City’s advisory boards and nine applicants have indicated their willingness to serve. The recruitment process has been completed in accordance with the Maddy Local Appointive Act and Council can now make appointments to fill these vacancies.

Respectfully submitted,
Jo Purcell
Reviewed:
Les Evans, City Manager

Att: Special Notice of Vacancy
Ballots

7. Telecommunications Facilities within the Public Right of Way. (Allison)

Recommendation: (1) ADOPT RESOLUTION 2001-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING REGULATIONS REGARDING THE INSTALLATION OF TELECOMMUNICATION FACILITIES WITHIN THE PUBLIC RIGHT OF WAY. (2) Request that staff prepare an ordinance making certain amendments to Chapter 17.76.020 of the Municipal Code to ensure consistency between that chapter and these regulations.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

1. Adopt Resolution 2001 - , A Resolution of the City Council of the City of Rancho Palos Verdes establishing regulations regarding the installation of telecommunication facilities within the public right of way.

2. Request staff to prepare an ordinance making certain amendments to Chapter 17.76.020 of the City’s Municipal Code to ensure consistency between that Chapter and these regulations.

With the proliferation of cellular communication, cities throughout the State of California are receiving an ever-increasing number of requests to install new telecommunication facilities on private property as well as within the street right of way. In the City of Rancho Palos Verdes, an application to place cellular sites on private property is regulated by Section 17.76.020 of the City’s Municipal Code, see attached. There is, however, no policy regarding the installation of facilities within the public rights of way.

The Public Works Department has approved the installation of 17 cell sites within the public right of way from four different wireless providers. For each installation staff spent considerable time and effort reviewing the application, to assure that the facility was placed at a location that achieved the desired coverage for the wireless provider, without creating an unreasonable visual impact. Staff has received only minor complaints regarding the existing cellular sites.

Within the past several months the Public Works Department received requests to install 28 cellular facilities from a single wireless provider. In addition other companies have indicated that they plan to soon submit applications for new facilities. Other factors such as technology changes, and new firms entering the market suggest that the City will likely see an acceleration in the requests for new facilities. Given the increasing number of applications, the potential these facilities have to impact property owners, and the lack of any policy expressly tailored to address the placement of these facilities within the street rights of way, staff believes that this is an appropriate time to ask the City Council for direction on how the City should address future requests.

A cell site, consists of three elements:

The appearance of a cell site varies with the company. Shown below are three types of cell sites that have been installed within the City’s right of way:

In 1997 Sprint / Cox installed seven facilities as illustrated at the left. These facilities consist of a large above ground cabinet housing the controller, and an above ground cabinet housing the electric meter. The antenna is located on an existing pole, just outside of the photograph.

In 1998 Pacific Bell Mobile installed seven cell sites as shown at the right à These facilities consist of a small above ground cabinet housing the controller and an above ground cabinet housing the electric meter. The antenna is located on a nearby power pole.

In 2000 LA Cellular installed two facilities as shown on the left These facilities consist of a controller which is installed underground, and an above ground cabinet housing the electric meter. The antenna for this facility was placed on an existing street light pole nearby.

	The antennas that are a part of each cell site vary with company. Each antenna impacts the appearance of a street, and has the potential to impact someone’s view. Shown here are the types of antennas that were installed as part of the 17 cell sites that are in place.

To prepare regulations to be applied to future applications for cell sites, staff spent considerable time working with the various wireless providers and with the cities of Rolling Hills Estates, and Palos Verdes Estates. The following are the factors that went into formulating the regulations proposed by staff:

1. Additional cellular sites are needed on the peninsula – without exception each wireless provider has gaps in their service area. Many residents will benefit if additional cellular sites are installed.
2. The City cannot adopt regulations that have the effect of prohibiting the ability of any entity to provide interstate or intrastate telecommunication service. The city can, however, manage the public right of way use.
3. The City has the ability to regulate the installation of telecommunication devices to protect the public against adverse impacts on the city’s aesthetic resources and the public welfare.
4. Rancho Palos Verdes will be more impacted by cellular facilities than most cities due its land use. Many cellular companies place facilities on multi-storied buildings in commercial property. A single such installation has a very large coverage area. Given our lack of commercial land more cellular sites are required per acre in Rancho Palos Verdes than most cities.
5. The City of Rancho Palos Verdes will be more impacted by cellular facilities than most cities due its environment. Cellular communication is a line of site technology and given the curvilinear nature of our roadways and the steep topography throughout the city, more cellular sites are required per acre in Rancho Palos Verdes than in a city such as Torrance.
6. Rancho Palos Verdes is more impacted than most cities by cellular facilities due to our lack of utility poles along the City’s arterial roadways. Most utility poles are within residential neighborhoods. This means that most cellular sites will also be within residential neighborhoods.
7. The cities on the peninsula should have a uniform policy regulating the installation of new cell sites. Staff has worked closely with representatives from the cities of Rolling Hills Estates, and Palos Verdes Estates. These two cities have also received several requests to install cell sites. The City of Rolling Hills Estates, has indicated that they already have regulations in place that require facilities to be installed underground. The City of Palos Verdes Estates has not yet established a policy, however, it is likely that they will be adopting an ordinance which will require undergrounding of facilities.
8. Rancho Palos Verdes is a very attractive market for wireless providers. Because of the City’s demographics and high average household income, a large percentage of our residents are likely users of wireless communications. Thus costs associated with undergrounding the communication facilities will likely not be a barrier for providers.
9. Most property owners will object to the indiscriminate placement of cellular facilities.
10. Most property owners do not want a cellular site in front of their home, particularly if it includes above ground cabinets.
11. Both residential roadways and arterial roadways need to be protected from the indiscriminate placement of cellular sites.
12. Most residents enjoy the appearance of our residential and arterial roadways.
13. New landscaping alone will not provide adequate screening to hide an above ground facility.
14. As more companies enter the cellular market, and as technology changes, there will be a greater demand for cellular sites throughout the City.
15. Most residents prefer not having new utility poles installed in their neighborhood.
16. Installing an antenna may impact views.
17. When the city is considering installing a cellular site in a neighborhood the property owners in the neighborhood should be notified.

After considering these factors staff proposes that the City Council adopt Resolution 2001 - , which establishes the following regulations regarding the installation of telecommunication facilities in the right of way:

1. Antennas required for telecommunication facilities shall be installed only on existing utility poles.
2. Electrical meters required for telecommunication facilities shall be installed on existing power poles, unless that installation poses a danger for utility workers. A letter from the owner of the pole, explaining the danger, shall accompany any request for exemption from this requirement.
3. Telecommunication hardware shall be placed in an underground vault or shall be hidden, by existing vegetation, from the view of users of the roadway and from adjacent property owners.
4. Applications for telecommunication facilities within the public rights of way shall comply with the following procedures:

   Applications for encroachment permits shall be submitted to the Public Works Department and shall include the following information:

1. Name and address of the wireless provider that will operate the proposed facility.
2. Proof that the wireless provider is exempt from obtaining a City franchise.
3. A computer simulation of the proposed improvements.
4. An exhibit Map showing the proposed site, with the intended coverage area clearly shown.
5. Two copies of the engineering plans for the proposed construction.
6. An Assessor Parcel Radius Map, and five sets of mailing labels for properties within 300 feet.
7. Payment of a fee to reimburse the City’s for its costs to review the application.

5. Property owners within 300 foot of the proposed installation shall be notified of the application. The notification shall include a computer simulation of the proposed installation. The notification shall be made only after the applicant has installed a mock-up of the antenna.
6. If the City receives no objections within 30 days from the date of the mailing, the applicant will be eligible to submit a request for an encroachment permit for final construction of the facility.
7. If objections are received, the Director of Public Works may condition the approval of the encroachment permit in response to the concerns that have been raised.
8. Any interested party who is dissatisfied with the Director’s decision may appeal the decision to the City Council within fifteen (15) days of the date of issuance of the Director’s decision.
9. Any application that does not comply with these regulations will be reviewed by the City Council.

If for some reason a company is unable to meet these regulations, and staff concurs with the reasoning, the item will be brought to the City Council for final approval. An example of this would be the inability to construct a facility underground due to soil conditions. If, however, staff does not concur with the applicant’s reasoning on why the regulations cannot be met, the applicant can appeal staff’s decision to the City Council, or the applicant can make an application to construct the facility on private property in accordance with Section 17.76 of the Municipal Code.

Adopting the staff recommendation will establish regulations for the installation of telecommunication facilities within the public right of way.

Staff could identify no fiscal impacts to the recommended action. Each application for permit will be fiscally neutral since applicants will be responsible for costs associated with the application review.

Respectfully Submitted
Dean E. Allison, Director of Public Works
Reviewed
Les Evans, City Manager

Attachments:
Resolution 2001 -

RESOLUTION NO. 2001 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING GUIDELINES REGARDING THE INSTALLATION OF TELECOMMUNICATION FACILITIES WITHIN THE STREET RIGHT OF WAY

WHEREAS, Section 12.04 of the Rancho Palos Verdes Municipal Code allows the Director of Public Works to regulate and control the construction of improvements within the public rights of way along any City street, and

WHEREAS, from time to time the City receives applications from various wireless telecommunication companies to install telecommunication facilities within the public right of way, and

WHEREAS, the City of Rancho Palos Verdes due to its varying topography, curvilinear roadways, and lack of commercial and industrial property, will likely receive requests to install many more telecommunication facilities within its right of way than most cities, and

WHEREAS, the indiscriminate installation of telecommunication facilities within the public rights of way will negatively impact the aesthetics of both the residential and non-residential street scene within the City.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES THAT THE FOLLOWING GUIDELINES SHALL APPLY TO THE INSTALLATION OF TELECOMMUNICATION FACILITIES WITHIN THE PUBLIC RIGHT OF WAY.

2. Antennas required for telecommunication facilities shall be installed only on existing utility poles.

10. Electrical meters required for telecommunication facilities shall be installed on existing power poles, unless that installation poses a danger for utility workers. A letter from the owner of the pole, explaining the danger, shall accompany any request for exemption from this requirement.

11. Telecommunication hardware shall be placed in an underground vault or shall be hidden, by existing vegetation, from the view of users of the roadway and from adjacent property owners.

12. Applications for telecommunication facilities within the public rights of way shall comply with the following procedures:

Applications shall be submitted to the Public Works Department with the following information:

8. Name and address of the wireless provider that will operate the proposed facility.
9. Proof that the wireless provider is exempt from obtaining a city franchise.
10. A computer simulation of the proposed improvements.
11. Exhibit Map showing the proposed site, with the intended coverage area clearly shown.
12. Two copies of the engineering plans for construction.
13. Assessor Parcel Radius Map, and five sets of mailing labels for properties within 300 feet.
14. Payment of funds for the City’s cost to review the application.

13. Property owners with 300 foot of the proposed installation shall be notified of the application. The notification shall include a computer simulation of the proposed installation. The notification shall be made only after the applicant has installed a mock-up of the antenna.

14. If the City receives no objections within 30 days from the date of the mailing, the applicant will be eligible to submit a request for an encroachment permit for final construction of the facility.

PASSED, APPROVED, AND ADOPTED THIS 2^nd DAY OF APRIL, 2001

___________________________

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 April 2, 2001.

_____________________________

CITY CLERK

8. Memorandum from Councilmember Douglas Stern recommending that the Recreation and Parks Committee Obtain Public Input and Review the Options for Public Use of City Hall Property and Upper Point Vicente Park.

To: Mayor Lyon and City Council
From: Douglas W. Stern
Date: March 21, 2001
Subject: Recreation and Parks Committee Obtain Public Input and Review the Options for Public Use of City Hall Property and Upper Point Vicente Park

RECOMMENDATION:

Direct staff and the Recreation and Parks Committee to:

• Obtain substantial public input from the public at large, including various youth organizations, athletic organizations, social organizations, environmental groups, community groups (such as SOC II), and all other interested parties, including all interested residents, and
• Conduct a number of public meetings at various locations throughout the city, in order to both present various competing ideas on uses of the public property and obtain substantial public input regarding potential and desirable public uses for the city hall and Upper Point Vicente Park property. (Such public meetings should, where possible, be held at different locations throughout the city, such as schools and libraries.)
• Once such public input and public presentations have been obtained, the Commission shall prepare a written report and recommendation to the City Council based upon its findings.

REPORT

There is significant public interest in the ultimate use of the City Hall and Upper Point Vicente Park property. At the present time, and for the past few years, use of that site has been addressed by York Long Point Associates (or Destination Resorts), and much more recently by Save Our Coastline II (SOC II). However, SOC II as well as the League of Women Voters have both urged the city to obtain significant public input regarding the use of this property. I believe that this should be done.

At the present time the only process by which public input is obtained regarding the use of these public lands is as part of the processing of the private development plan submitted for the Long Point Resort. There is presently no mechanism in place for the city and the residents to address the use of the city owned lands except it comes up as part of the suggested inclusion of that land in the Long Point Resort private development proposal.

Mayor Lyon has, on a number of occasions, mentioned that she had received comments from the community that it wishes to see additional active recreational facilities in our community. I agree with her on this issue. I believe that particularly with the increase in younger families that our community has seen in the past few years, this should be a high priority. One obvious location for such use is the city hall and Upper Point Vicente properties. It has flat portions. It is very accessible to the community. It is situated so that increased utilization will likely have minimal negative impact upon neighbors. It is already owned. In short, there is significant opportunity to include active recreational uses on that property. Other sites in the city do not necessarily lend themselves to such active recreational use nearly as easily.

It is preferable that any decision to be made on the use of this city owned property be the result of the maximum public input possible. Focus upon the public use of this public property is preferable to the focus of its use as part of a development project. Yet the procedures in place to address this project are not designed to seek out this important input. Instead, the Planning Commission procedures and the role of the Financial Advisory Committee and the Traffic Committee are all designed to address the proposed Long Point Resort development project. They consider the general public interest in the publicly owned lands as an adjunct to their roles in evaluating the Long Point Resort project. (Indeed, if the Long Point Resort proposal were to be withdrawn, none of these commissions or committees would have a role to play with regard to the evaluation of the uses of the city owned property.)

In light of the significant public interest, it is in the best interest of the city council and the residents to direct the action outlined above in the Recommendation section.

Respectfully Submitted,
Douglas Stern

ORAL CITY COUNCIL REPORTS: (This section designated to oral reports from councilmembers who wish/need to report on Council assignments.)

ADJOURNMENT: Adjourn to Saturday, April 7 at 9:00 A.M. for the Community Leaders’ Breakfast at Hesse Park.

CLOSED SESSION AGENDA CHECKLIST

Based on Government Code Section 54954.5
(All Statutory References are to California Government
Code Sections)

G.C. 54956.8

Potential purchase of open space.

Property: Filiorum 7572-012-024, 7572-012-028, 7572-012-029, 7573-003-016, 7581-023-031, 7581-023-029, 7572-002-022

City Negotiators: City Manager; City Attorney; and, Director of Planning, Building and Code Enforcement

Negotiating Parties: York Long Point Associates

Under Negotiation: Price and Terms of Payment

The City Council/Agency finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation.

Existing Litigation:
G.C. 54956.9(a)

Name of Case: Jon Echevarrieta v. the City of Rancho Palos Verdes
(LASC No. YS006446,
Appellate Case No. B138366)

Public Employee Performance Evaluation
G.C. 54957
Title: City Manager

REDEVELOPMENT AGENCY

AGENDA

APRIL 3, 2001

A. Minutes of March 6, 2001. (Purcell)

Recommendation: Approve the Minutes.

B. February 2001 Treasurer’s Report. (Burton)

Recommendation: Receive and file.

TO: HONORABLE CHAIRMAN AND MEMBERS OF THE BOARD

FROM: FINANCE DIRECTOR/AGENCY TREASURER

DATE: APRIL 3, 2001

Staff Coordinator: Matt Burton, Accounting Manager

Receive and file the February 2001 Treasurer's Report for the Rancho Palos Verdes Redevelopment Agency.

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 February 2001 for the Redevelopment Agency.

The cash balances of the Redevelopment Agency decreased by approximately $259,500 during the month, ending with an overall balance of $5,336,010 at February 28, 2001. While the Agency’s Housing Set-Aside fund received $20,400 of tax increment revenue from the County during February 2001, project expenditures far exceeded total receipts. The majority of the month’s expenditures were related to ongoing progress payments for the construction of the Abalone Cove Sanitary Sewer Project. It is expected that the Agency will continue to experience large monthly decreases in cash until the completion of the Abalone Cove Sanitary Sewer Project.

Respectfully submitted,
Dennis McLean, Finance Director/Agency Treasurer
Reviewed:
Les Evans, Executive Director

C. Register of Demands. (McLean)

Recommendation: ADOPT RESOLUTION NO. RDA 2001-__, A RESOLUTION OF THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.

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 meeting.

IMPROVEMENT AUTHORITY

AGENDA

APRIL 3, 2001

1. Minutes of March 6, 2001. (Purcell)

Recommendation: Approve the Minutes.

2. February 2001 Treasurer’s Report. (Burton)

Recommendation: Receive and file.

TO: HONORABLE CHAIR AND MEMBERS OF THE COMMISSION

FROM: FINANCE DIRECTOR/AUTHORITY TREASURER

DATE: APRIL 3, 2001

Staff Coordinator: Matt Burton, Accounting Manager

Receive and file the February 2001 Treasurer's Report for the Rancho Palos Verdes Improvement Authority.

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 February 2001 for the Improvement Authority.

The Improvement Authority’s cash increased by nearly $6,900 during the past month, ending with an overall balance of $1,548,253 at February 28, 2001. Cash activity during February 2001 was limited to the receipt of the $7,917 monthly transfer from the City’s General fund and approximately $1,050 of cash outlays for routine dewatering well maintenance activities.

Respectfully submitted,
Dennis McLean, Finance Director/Authority Treasurer
Reviewed:
Les Evans, Chief Administrative Officer

3. Register of Demands. (McLean)

Recommendation: ADOPT RESOLUTION NO. IA 2001-__, A RESOLUTION OF THE RANCHO PALOS VERDES IMPROVEMENT AUTHORITY ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.

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.