Agenda 07/03/2001 RPV, City, Council, Meeting, 2001, Agenda RPV City Council Meeting Agenda for 07/03/2001
JULY 3, 2001

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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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 6.3 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.

RANCHO PALOS VERDES CITY COUNCIL

AGENDA

JULY 3, 2001

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. 2001-47

NEXT ORD. NO. 363

RECYCLE DRAWING:

APPROVAL OF AGENDA:

APPROVAL OF CONSENT CALENDAR:


1. Motion to waive full reading.

Recommendation: Adopt a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all councilmembers after the reading of the title.


2. Minutes of June 5, June 16, June 19, and June 20, 2001. (Purcell)

Recommendation: Approve the Minutes.


3. Notice of Completion for 2000-2001 Residential Overlay and Slurry Seal Program. (Allison)

Recommendation: (1) Accept the work as complete. (2) Authorize the City Clerk to file a Notice of Completion with the County Recorder; and if no claims are filed 35 days after recordation, notify the surety company to exonerate the Payment and Performance bond. (3) Authorize the Director of Public Works to release the 10% retention payment to Silvia Construction, Inc. 35 days after recordation of the Notice of Completion by the County Recorder contingent on no claims being filed on the project.


4. One-Year Extension of Agreement with Gary Amo for Public Information Services. (Evans)

Recommendation: Approve a third one-year extension of the Agreement with Gary Amo for Public Information Services and authorize the Mayor and the City Clerk to execute the agreement extension.


5. Traffic Signal Installation on Crest Road at Highridge Road. (Allison)

Recommendation: (1) Approve the Plans and Specifications for the traffic signal installation on Crest Road at Highridge Road. (2) Award a construction contract to Dynalectric, Inc. for an amount not to exceed $99,400, and authorize staff to spend an additional $10,600 for possible extra work for a total authorization of $ 110,000. (3) Authorize the Mayor and the City Clerk to execute a contract with Dynalectric, Inc. (4) Authorize the expenditure of up to $110,000 for construction inspection and administration services.


6. Claim Against the City by Michael Tahbaz. (Purcell)

Recommendation: Reject the claim and direct the City Clerk to notify the claimant of Council’s action.


7. November 6, 2001 General Municipal Election. (Purcell)

Recommendation: Adopt the following resolutions: (1) RESOL. NO. 2001- , CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 6, 2001, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; (2) RESOL. NO. 2001- , REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2001; and, (3) RESOL. NO. 2001- , ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE OF AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 6, 2001.


8. City Investment Policy – Fiscal Year 2001-2002. (McLean)

Recommendation: Adopt the Fiscal Year 2001-2002 investment policy for the City of Rancho Palos Verdes.


9. Loan Agreement Between the City and the RDA. (McLean)

Recommendation: Authorize the Mayor and the City Clerk to execute the attached Loan Agreement between the City and the Rancho Palos Verdes Redevelopment Agency.


10. April 2001 Treasurer’s Report. (McLean)

Recommendation: Receive and file.


11. 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.


# # # # # # # # # # # #

REGULAR BUSINESS:


12. Ordinance Prohibiting Hunting on Public Land. (Lynch)

Recommendation: INTRODUCE ORDINANCE NO. __ AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING REGULATIONS PROHIBITING HUNTING ON CITY PROPERTY AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE


13. Animal Control Ordinance. (Lynch)

Recommendation: (1) INTRODUCE ORDINANCE NO. __ AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE TITLE 10, ANIMALS, OF THE LOS ANGELES COUNTY CODE AND AMENDING CHAPTER 6.04 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. (2) Direct the City Clerk to set a public hearing on the adoption of this Ordinance at the City Council meeting on August 3, 2001, and to publish notice according to Government Code Section 50022.3.


RECESS:

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

(This section of the agenda is for audience comments on items NOT on the agenda. Speakers are limited to three minutes.)


14. Filling Vacancy on the City Council. (Lynch)

Recommendation: Since Council Member Byrd has submitted his resignation from the City Council, the Council should determine at the July 3rd City Council meeting whether to appoint an individual to serve the remainder of Council Member Byrd's term, and should the Council wish to do so, the Council should make the appointment at that meeting.


15. City Council Assignments. (Purcell)

Recommendation: Assign Councilmembers to various organizations upon the resignation of Councilman Byrd.


16. Ordinance to Amend Traffic Code – Repeal of "For Sale Sign" Prohibition. (Purcell)

Recommendation: Introduce Ordinance No. __ AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING REGULATIONS RELATING TO PARKING VEHICLES FOR SALE ON PUBLIC STREETS AND AMENDING TITLE 10 OF THE RANCHO PALOS VERDES MUNICIPAL CODE.


17. Pre-Ordering of Drainage Pipe and Issuance of a Notice of Exemption for the San Ramon Drainage and Landslide Stabilization Project. (Petru)

Recommendation: (1) Based on the facts set forth in this report, find that an emergency exists which will not permit a delay resulting from a competitive solicitation for bids, and that the actions taken below are necessary to respond to the emergency. (2) Authorize staff to conduct an informal bid process and pre-order HDPE drainage pipe for an estimated cost of $50,000. (2) Adopt the Notice of Exemption for the San Ramon Drainage and Landslide Stabilization Project and direct staff to post notice of this action as required by law.


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

CLOSED SESSION AGENDA CHECKLIST

Based on Government Code Section 54954.5

(All Statutory References are to California Government

Code Sections)

CONFERENCE WITH LEGAL COUNSEL

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.

Initiation of Litigation:

G.C. 54956.9(c)

one

(Number of Potential Cases)

The City Council is meeting to discuss and determine whether to file a lawsuit against Los Angeles County or whether to enter an agreement to toll said lawsuit concerning the contaminated soil at the Pt. Vicente Interpretative Center property.

Existing Litigation:

G.C. 54956.9(a)

Name of Case: Olson, et al v. City of Rancho Palos Verdes, et al

Names of Parties: Lloyd Olson, William T. Eakin, CEC Cinder, Richard

Tolt, Jr., and Beachfront USA, Inc.

Case No: Los Angeles County Superior Court

Case No. BC245694

Name of Case: City of Rancho Palos Verdes v. Chiles, et al

Names of Parties: Michael Chiles and Jayne Chiles

Case No: Los Angeles County Superior Court

Case No. BC230969


1. Motion to waive full reading.

Recommendation: Adopt a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all councilmembers after the reading of the title.


2. Minutes of June 5, June 16, June 19, and June 20, 2001. (Purcell)

Recommendation: Approve the Minutes.


D R A F T

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

JUNE 5, 2001

The meeting was called to order at 7:01 p.m. by Mayor Lyon at Fred Hesse Community Park, 29301 Hawthorne Boulevard. After the Pledge of Allegiance, roll call was answered as follows:

PRESENT: Byrd, Ferraro, McTaggart, Stern, and Mayor Lyon

ABSENT: None

Also present were City Manager Les Evans, Assistant City Manager Carolynn Petru; City Attorney Carol Lynch; Director of Planning, Building, and Code Enforcement Joel Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean; Deputy Director of Planning Dave Snow; Senior Planner Greg Pfost; Planner Schonborn; Deputy City Clerk Jackie Drasco; and, Recording Secretary Arlene Jaentsch.

CEREMONIAL MATTERS:

RECYCLING DRAWING:

The winner from the last drawing was Camille Jasmine who will receive a check for $250, which represents a year of free refuse service. Another card was drawn.

APPROVAL OF AGENDA:

Councilman Stern moved, seconded by Mayor Pro Tem McTaggart, to approve the agenda. Motion carried.

APPROVAL OF CONSENT CALENDAR:

Councilman Byrd moved, seconded by Councilwoman Ferraro to approve the Consent Calendar as follows:

APPROVAL OF MINUTES (301)

Approved the Minutes of May 15, 2001.

Fiscal Year 2000-2001 Recycling Revenue Grant Awards (1204 x 1301)

Awarded 30 recycling grants totaling $72,134 for Recycling Grant Cycle 12.

Notice of Completion for the Hesse Park Playground Equipment (1204 x 1201)

(1) Accepted the work as complete. (2) Authorized the City Clerk to record a Notice of Completion with the County Recorder; and if no claims are filed 35 days after recordation, and upon the contractor posting an acceptable warranty bond, notify the surety company of the exoneration of the Payment and performance bonds. (3) Authorized the Finance Director to release the 10% retention payment 35 days after recordation of the Notice of Completion by the County Recorder contingent upon no claims being filed on the project and the contractor posting an acceptable warranty bond.

Professional Services Agreement – Community Development Block Grant Program Administration (1204 x 601)

(1) Approved a professional services agreement with Diana Cho and Associates to administer the Community Development Block Grant Program for a not to exceed amount of $25,000 for Fiscal Year 2001-2002 and a not to exceed amount of $25,000 for Fiscal Year 2002-2003. (2) Authorized the Mayor and the City Clerk to execute the proposed agreement with Diana Cho and Associates.

Award Professional Services Agreement for National Pollutant Discharge Elimination System (NPDES) Clean Water Act Implementation Fiscal Year 2001-2002 and Fiscal Year 2002-2003 (1204 x 1402)

(1) Awarded a professional services agreement to John L. Hunter and Associates, Inc. for National Pollutant Discharge Elimination System (NPDES) Clean Water Act Implementation for Fiscal Year 2001-2002 and Fiscal Year 2002-2003 in amounts not to exceed $47,150 and $51,950, respectively. (2) Authorized the Mayor and the City Clerk to execute an agreement with John L. Hunter and Associates, Inc. for NPDES Clean Water Act implementation for Fiscal Year 2001-2002 and Fiscal Year 2002-2003.

Claim Against the City by Cameron Brown (303 x 301)

Rejected the claim and directed the City Clerk to notify the claimant of Council’s action.

Resol. No. 2001-41 -Annual Appropriation Limit for Fiscal Year 2001-2002 (602)

ADOPTED RESOLUTION NO. 2001-41, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING THE CITY’S APPROPRIATION LIMIT FOR FISCAL YEAR 2001-2002.

Resol. No. 2001-42 - Register of Demands (602)

ADOPTED RESOLUTION NO. 2001-42, 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.

Councilman Byrd moved, seconded by Councilwoman Ferraro to approve the Consent Calendar.

The motion to approve the consent calendar carried on the following roll call vote:

AYES: Byrd, Ferraro, McTaggart, Stern, and Mayor Lyon

NOES: None

# # # # # # # # # # # #

PUBLIC HEARINGS:

Resol. Nos. 2001-43 and 44 - Fiscal Year 2001-2002 City Budget and Salary Range Adjustments (1101 x 1202 x 602)

Mayor Lyon opened the public hearing on this request to approve the recommendation to adopt the Fiscal Year 2001-2002 City Budget and Salary Range Adjustments. Deputy City Clerk Drasco announced that notice had been duly published and that there were no written comments received by the City.

Assistant City Manager Petru presented the staff report of June 5, 2001 and the recommendation to adopt the Fiscal Year 2001-2002 City Budget and Salary Range Adjustments.

Lois Larue, 3136 Barkentine Road, drew attention to the difference in part-time wages paid to Rancho Palos Verdes City employees and amounts paid to those in similar occupations employed by the City of Santa Monica. She encouraged the Council to increase starting wages for Rancho Palos Verdes part-time employees to exceed the minimum wage.

City Manager Evans responded to Council inquiry regarding amounts set aside for certain special items in the budget explaining that the money is not spent until the Council approves the expenditure. Council consensus was that they would be alert to amounts in the General Fund and the costs of projects such as the storm drains and other capital improvement items which the public has indicated are of great importance.

Request For Donation For Palos Verdes Peninsula High School Track Replacement Fund (602 x 1401)

Nikolaos Cangemi, 30130 Avenida Tranquila; Brendan Richart, 5016 Rockvalley Road; and Adam Cohu, 6917 Abbottswood Drive, students of Palos Verdes Peninsula High School, asked the City Council to donate funds toward the replacement of the Track. They told the Council of the enhanced benefits for the track team and to the community since the track will be open for the public to use. These contributions will be matched dollar for dollar by an anonymous Peninsula High School parent. Council consensus was to contribute $2,000 and direct the City Manager to determine the funding source account. Councilwoman Ferraro moved, seconded by Councilman Stern to approve the contribution.

The motion carried on the following roll call vote:

AYES: Ferraro, Byrd, McTaggart, Stern, and Mayor Lyon

NOES: None

Councilman Byrd moved, seconded by Councilman Stern to (1) ADOPT RESOLUTION NO. 2001-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A BUDGET APPROPRIATION AND ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2001-2002. (2) ADOPT RESOLUTION NO. 2001-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING SALARY AND HOURLY RANGES FOR COMPETITIVE AND MANAGEMENT EMPLOYEE JOB CLASSIFICATIONS.

The motion carried on the following roll call vote:

AYES: Ferraro, Byrd, McTaggart, Stern and Mayor Lyon.

NOES: None

Resol. No. 2001-45 - Conditional Large Domestic Animal Permit No. 5 (Applicant: Gordon Leon, representing Portuguese Bend Pony Club; Landowner: Patricia M. Brown; address: 2 West Pomegranate Road.) (1203 x 1801)

Planner Schonborn presented the staff report of June 5, 2001 and the recommendation to adopt Conditional Large Domestic Animal Permit No. 5. Deputy City Clerk Drasco announced that notice had been duly published and that written comments received by the City had been distributed to the Council.

Council discussion focused on clarifying that, if this resolution were adopted, the permit would be issued to the Portuguese Bend Pony Club, not to the property owner. Council asked to be kept informed as to any changes in the organization’s leadership.

Robert Maxwell, 7 East Pomegranate Road, summarized a letter to the Council opposing the permit and the premise of grandfathering to allow horse boarding He expressed concerns that the Pony Club might expand to adjoining properties and felt that the Portuguese Bend Riding Club stables would be a better place for such activities. (A copy of Mr. Maxwell’s letter is on file with the City Clerk’s Office.)

Sepp Donahower, 3 West Pomegranate Road, said that he owns two parcels that border the Pony Club site. He informed the Council of grading/work activity conducted at the site on a recent Sunday and described his past experiences with the Pony Club manure bin. He also expressed concern about the zoning of his parcels; the effect of the Pony Club’s proximity to his home and its effect on his property value; and, said that he agreed that Pony Club camp should not be allowed.

Claudia Gutierrez, 3 Clovetree Place, said that she considered all aspects of the permit because she is a Portuguese Bend board member and a Pony Club parent. She asked the Council to grant the request to adopt the resolution.

Kay Bara, 1 Peppertree Drive, said that her property has bordered the Pony Club property for 22 years; that she had no problems with them; and, she urged the Council to adopt the staff recommendation.

Charlene O’Neill, 38 Headland Drive, Chairman of the Equestrian Committee, explained the meeting at which their committee, Pony Club representatives, and the neighbors developed the resolution and urged the Council to adopt the resolution. She described the site topography and the distance between the Donahower house and the Pony Club.

Gordon Leon, 38 Narcissa, Joint District Commissioner of the Portuguese Bend Pony Club, described the Portuguese Bend Pony Club’s activities. Mr. Leon stated that Pony Club had been asked to move from their previous site, which involved a number of meetings with the neighbors in the area. He said that concerns raised in these meetings were the basis of the conditions in the Large Domestic Animal Permit No. 5. He stated that Pony Club participants do their best to be good neighbors to the community and he asked the Council to adopt the resolution.

Haley Stern, 2731 Coral Ridge Road; Ashley Manafee, 29605 Grandpoint Lane, stated that Pony Club was a great way to learn about the care of horses and team work and she said they try to be good neighbors and keep the area clean.

Lauren Tuck, 6 Vanderlip Drive; Courtney Manafee, 29605 Grandpoint Lane; Haley Rexwell, 900 Camino Real, Redondo Beach, said that they had learned team spirit, the value of hard work and responsibility at Pony Club and have tried to be good neighbors.

Sandra James, 1068 Via Cordova, San Pedro; a five-year member of Pony Club, stated that Pony Club helped her conquer major depression and increased the quality of her life. She referred to Olympic Team member Kathleen Raine who was a member of the Portuguese Bend Pony Club.

Christina Smith, 38 Pony Lane, Rolling Hills Estates, a member of Pony Club for three years described its positive impact on her life.

Brittany Umanoff, 2420 Via, emphasized the importance of Pony Club to its members.

Kathryn Peterka, 7208 Hartcrest Drive, explained that Pony Club was a place to escape everyday stress and she said they would continue to be good neighbors.

Shannon Peterka, 7208 Hartcrest Drive, explained that she loved Pony Club because of the opportunity to be outdoors with the other girls, to take care of horses, and to have a place to go after school. She said it was hard work but a good change from the hard work of school.

Rachel Gutierrez, 3 Clove Tree Place, a one-year member, described her positive experience at Pony Club and the friends she has made.

Torie Dye, 7035 Hartcrest, a six-year member, expressed her enjoyment and learning of responsibility.

Meghan Leon, 38 Narcissa, expressed the importance of Pony Club to her and told the Council that she and Torie Dye would be representing the Portuguese Bend Pony Club at the Nationals in Kentucky.

Toni Deeble, Three East Pomegranate, commended the Pony Club members for speaking. She recognized Pony Club’s importance but suggested a few changes to the current permit such as: a two-year review period; a no-camp rule clearly specified; and, written club policies and procedures available for review. She stated that the present leadership of the club is helpful and as leadership changes, the neighbors want to be kept informed.

Ed Sutton, One West Pomegranate, a contiguous neighbor of Pony Club, said leaders Jack Smith and Gordon Leon seemed to be dedicated fathers and qualified managers and that Pony Club members were polite and respectful. He urged Council to approve the permit.

Betty Strauss, 10 West Pomegranate, spoke in support of Pony Club but wanted a prohibition of Pony Club camp.

Jack Smith, District Commissioner, 38 Pony Lane, Rolling Hills Estates, spoke in support of the staff recommendation and suggested that the camp item be removed from the conditions. He explained that the Portuguese Bend Pony Club is part of the United States Pony Club; teaches all the good tenets of this organization, and that the United States Equestrian Team members for the last Olympics were former Pony Club members. He felt that adopting the resolution would (1) give the Pony Club a legal right to continue what they have been doing for the last 25 years and (2) allow them to concentrate all of their activities at the new Pony Club area.

Council discussion focused on the open space hazard zoning and how it applied to Pony Club structures, and on the watering system and the proposed use of a sensor device to turn off water to eliminate the possibility of flooding.

Mayor Lyon closed the public hearing.

RECESS & RECONVENE:

At 8:50 p.m. Mayor Lyon declared a recess. The meeting was reconvened at 9:00 p.m.

Council woman Ferraro moved, seconded by Councilman Byrd to ADOPT RESOLUTION NO. 2001-45, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ACCEPTING THE EQUESTRIAN COMMITTEE’S RECOMMENDATION AND CONDITIONALLY APPROVING CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 5 AS AMENDED, 1) TO REQUIRE A REVIEW EVERY 2 YEARS, 2) ANNUALLY SUBMIT TO THE CITY A WRITTEN MANUAL OF POLICIES AND PROCEDURES CONCURRENT WITH SUBMISSION OF THE PROOF OF REGISTERED NON-PROFIT 501 (C) (3) STATUS 3) INSTALLATION OF AN AUTOMATIC WATER SHUT-OFF SYSTEM SUBJECT TO APPROVAL OF CITY STAFF. 4) NO PONY CLUB CAMP, HORSE SHOWS, OR SPECIAL EVENTS TO BE HELD WITHOUT A SPECIAL PERMIT FROM THE CITY.

Motion carried on the following roll call vote:

AYES: Ferraro, Byrd, McTaggart, and Mayor Lyon.

NOES: None

ABSTAIN: Stern

Councilman Stern abstained because his daughter is a member of Pony Club.

PUBLIC COMMENTS:

Lois Larue, 3136 Barkentine Road, spoke to the Council about a rhinoceros iguana in her neighborhood, which she referred to as a dinosaur.

REGULAR BUSINESS:

Feasibility Study for a Girls’ Softball Complex at Lower Point Vicente Park (1101 x 1201)

City Manager Evans gave the Staff report of June 5, 2001 and the recommendation to (1) Authorize the preparation of a feasibility study for the construction of a Girls’ Softball Complex at Lower Point Vicente Park. (2) Direct staff to include $10,000 in the Capital Improvement budget for Fiscal Year 2001-2002 to fund the study..

Council discussion centered on the funding sources for this study and the possibility of reviewing other areas for this proposed complex if the Lower Point Vicente site is not suitable.

Dave Tamblin, 30105 Avenida Esplendida, thanked the Council for considering this proposal and stated that he felt that there is shortage of recreational fields for the 400 girls in the league, with a threat of the loss of three fields. He reported that Supervisor Knabe has agreed to meet with him to discuss the subject.

Juan Torres, 27600 Warrior Drive, President of Palos Verdes Peninsula Softball League, thanked the Council for considering this proposal and urged their approval of the feasibility study.

Jo Woods, 28721 King Arthur Woods, Los Serrenos Pt. Vicente, thanked the Council for their support of the Point Vicente Interpretive Center and described the many uses of the Center as a whale watching site and other benefits to the community, specifically children. She expressed concern about the proximity of the proposed fields to the Point Vicente Interpretative Center and their potential impact to its proposed expansion.

Todd Anderson, 2 Masongate Drive, Rolling Hills Estates, stressed that the fields could be used for many events. He said that this site was isolated from residential areas, had adequate parking, and had easy access with roads already in place. He felt sure resources to develop the project would be available once a location was approved.

Barbara Gleghorn, 28850 Crestridge Road, felt that this item should be reviewed by the Recreation and Parks Committee. She spoke of the Point Vicente Interpretive Center as a jewel of the Peninsula and that the needs of the Center should be considered along with the importance of children’s playing fields.

Ann Shaw, 30036 Via Borica, stated that she was not opposed to the needs of other groups on the Peninsula. should be considered along with the girls’ softball league needs. She urged the Council not to spend the money for the study and instead authorize the Recreation & Parks Committee to review this project.

Jim Knight, 5 Cinnamon Lane, was concerned about lead contamination as well as the problem of considering the needs of the Point Vicente Interpretive Center. He felt that the Upper Pt. Vicente Park would be a better location for the softball fields.

Richard Ferguson, 26745 Nokomis Road, stated he is not a board member of the softball league, but has coached in the league for six years and he noted the shortage of playing fields for girls’ sports on the Peninsula.

Council discussion centered on the need for more recreational facilities in the community. There was a suggestion that Council should not focus on only one need or one site and that it should consider a plan to meet the needs of the community as a whole.

Councilman Byrd moved, seconded by Councilwoman Ferraro, to (1) Authorize the preparation of a feasibility study for the construction of a Girls’ Softball Complex at Lower Point Vicente Park. (2) Direct staff to include $10,000 in the Capital Improvement budget for Fiscal Year 2001-2002 to fund the study.

Motion carried on the following roll call vote:

AYES: McTaggart, Ferraro, Byrd, and Mayor Lyon.

NOES: Stern

RECESS TO CLOSED SESSION: At 10:15 p.m. Mayor Lyon moved to recess the meeting to a closed session. The meeting reconvened at 10:35 P.M.

City Attorney Lynch stated that no action had been taken on the closed session items.

Purchase of the Portuguese Bend, Agua Armaga Canyon and Upper Filiorum Open Space Properties (1101 x 305 x 1203)

Lois Larue, 3136 Barkentine Road, referred to past owners of the Filiorum property and her concerns about the Long Point project and land stability.

Jim Knight, 5 Cinnamon Lane, commended the Council on the purchase of property for open space and encouraged the Council to pursue purchase of the lower Filiorum property.

Councilman Byrd moved, seconded by Councilwoman Ferraro to (1) Approve the Purchase Agreement between the City and Palos Verdes Portuguese Bend LLC for the purchase of approximately 463 acres of open space land known as the Portuguese Bend property (423.95 acres) and Agua Armaga Canyon (38.94 acres). (2) Approve the Purchase Agreement between the City and York Long Point Associates for the purchase of approximately 163 acres of open space known as the Upper Filiorum property. (3) Authorize staff to spend up to $70,000 during the first 87 days of the Purchase Agreement to survey and complete the City’s "due diligence" examination of the subject properties.

Motion carried on the following roll call vote:

AYES: Stern, Ferraro, Byrd, McTaggart and Mayor Lyon.

NOES: None

Forrestal Management Agreement with the Palos Verdes Peninsula Land Conservancy

City Attorney Lynch presented the staff report.

Mayor Pro Tem McTaggart moved, seconded by Councilwoman Ferraro to review and approve the proposed Draft Forrestal Management Plan Agreement between the City and the Palos Verdes Peninsula Land Conservancy for management activities at the City-owned Forrestal property as amended.

Motion carried on the following roll call vote:

AYES: Ferraro, Byrd, McTaggart, Stern, and Mayor Lyon.

NOES: None

League of California Cities Proposed Bylaws Amendment to Increase Dues to Implement a Grassroots Network

Councilwoman Ferraro moved, seconded by Councilman Stern to approve the League bylaws amendment, which will implement a statewide Grassroots Network to protect local control and reduce the likelihood of city revenues being taken by the State. The City’s share of this effort will mean an increase in League dues paid by the City of $7,382. Mayor Lyon encouraged Council members to apply to all councils in the league

Motion carried on the following roll call vote:

AYES: Ferraro, Byrd, McTaggart, Stern, and Mayor Lyon.

NOES: None

ADJOURNMENT: Mayor Lyon moved to adjourn the meeting at 10:57 p.m.

D R A F T

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

JUNE 16, 2001

The meeting was called to order at 9:00 A.M. by Mayor Lyon at Ladera Linda Community Center, 32201 Forrestal Drive.

After the Pledge of Allegiance, roll call was answered as follows:

PRESENT: Ferraro, McTaggart, Stern, and Mayor Lyon

ABSENT: Byrd

Also present were City Manager Les Evans and City Attorney Carol Lynch.

APPROVAL OF AGENDA:

Councilman Stern moved, seconded by Mayor Pro Tem McTaggart, to approve the agenda, as presented. Motion carried.

APPROVAL OF CONSENT CALENDAR:

Councilman Stern moved, seconded by Mayor Pro Tem McTaggart, to approve the Consent Calendar as follows:

Palos Verdes Drive South Roadway and Drainage Construction Notice of Completion

(1) Accepted the work as complete. (2) Authorized the City Clerk to record a Notice of Completion with the County Recorder; and if no claims are filed 35 days after recordation, notify the Surety Company of to exonerate the Payment and Performance bonds. (3) Authorized the Director of Public Works to release the 10% retention payment to Palp, Inc. DBA Excel Paving Company 35 days after recordation of the Notice of Completion by the County Recorder contingent on no claims being filed on the project.

Award Professional Services Agreements for Source Reduction and Recycling Element (SRRE) and Used Oil Block Grant Implementation, and support services for Fiscal Year 2001-2002 and Fiscal Year 2002-2003

(1) Awarded a professional services agreement to SCS Engineers to provide support services for the City’s implementation of the Source Reduction and Recycling Element (SRRE) and Used Oil Block Grant programs for Fiscal Year 2001-2002 and Fiscal Year 2002-2003 in amounts not to exceed $17,500 and $24,780, respectively. (2) Awarded a professional services agreement to E. Tseng and Associates to provide support services for the preparation of the City’s Year 2000 annual report, possible SB 1066 Time Extension Request and related work for Fiscal Year 2000-2001 and Fiscal Year 2001-2002 in amounts not to exceed $2,200 and $7,500, respectively. (3) Authorized the Mayor and the City Clerk to execute an agreement with SCS Engineers for implementation of the SRRE and Used Oil Block Grant programs for Fiscal Year 2001-2002 and Fiscal Year 2002-2003, with an option to extend the agreement for an additional year (Fiscal Year 2003-2004) at the City's sole discretion. (4) Authorized the Mayor and the City Clerk to execute an agreement with E. Tseng and Associates for the preparation of the City’s year 2000 annual report, possible SB 1066 Time Extension request and related work for Fiscal Year 2000-2001 and Fiscal Year 2001-2002.

Professional Services Agreement – Home Improvement Program

(1) Approved a professional services agreement with MDG Associates to administer the Home Improvement Program for a not-to-exceed amount of $35,000 for Fiscal Year 2001-2002 and a not-to-exceed amount of $35,000 for Fiscal Year 2002-2003. (2) Authorized the Mayor and the City Clerk to execute the proposed Agreement with MDG Associates.

Purchase of Tax-Defaulted Property

Authorized the Mayor and the City Clerk to sign an Agreement to Purchase Tax-Defaulted Property for a 17.44-acre vacant parcel located adjacent to Del Cerro Park.

Resol. No. 2001- 46 - Register of Demands (602)

ADOPTED RESOLUTION NO. 2001-46, 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.

The motion to approve the Consent Calendar carried on the following roll call vote:

AYES: Ferraro, McTaggart, Stern, and Mayor Lyon

NOES: None

ABSENT: Byrd

# # # # # # # # # # # #

REGULAR BUSINESS:

Garden Village Shopping Center Geologic Study

City Manager Evans presented the staff report of June 16, 2001 and the recommendation to authorize a study of geologic and soil conditions adjacent to the Garden Village Shopping Center on Western Avenue.

Council discussion centered on the importance of this investigation.

Don Shults, 2129 Velez Drive, felt that the study would add credibility to what the Homeowners Association has been saying since Association input to the Garden Village Shopping Center project had not been implemented and he mentioned that there may also be geological problems with the senior high-rise that has been approved.

Council suggested that the HOA keep a log of their conversations with developers and agencies.

April Sandell, 28026 Pontevedra Drive, felt that all the geology work performed so far had concentrated on stabilizing the Garden Village project area and ignored the impacts to adjacent properties. She pointed out that the center had settlement problems ever since it was first constructed and asked for assurance that the soils investigation would include the storm drain work done in 1993.

Council discussion centered on the time period of 30 days to oppose a Negative Declaration; the response from the City of Los Angeles regarding this project and the ad hoc committee’s meeting with the new Los Angeles City Councilmember; and, how rights of the City and rights of the residents differed.

Mayor Pro Tem McTaggart moved, seconded by Councilwoman Ferraro, to authorize a study of geologic and soil conditions adjacent to the Garden Village Shopping Center on Western Avenue. Motion carried.

PUBLIC COMMENTS:

April Sandell, 28026 Pontevedra Drive, said that the newspapers have not been reporting the Garden Village Shopping Center matter correctly and they have not been fair.

ORAL CITY COUNCIL REPORTS: Mayor Pro Tem McTaggart reported on his testimony at LAWA hearings on the Airport Expansion EIR.

ADJOURNMENT: Adjourned at 9:45 A.M. on motion of Mayor Lyon.

____________________

MAYOR

ATTEST:

______________________

CITY CLERK

D R A F T

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

JUNE 19, 2001

The meeting was called to order at the Fred Hesse Community Park, 29301 Hawthorne Boulevard at 7:00 P.M. by City Clerk Jo Purcell and was immediately adjourned for lack of a quorum.

_______________________

MAYOR

ATTEST:

______________________

CITY CLERK

D R A F T

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

SPECIAL MEETING

JUNE 20, 2001

The meeting was called to order at 6:30 P.M. by Mayor Lyon at the City Hall Community Room, 30940 Hawthorne Boulevard, notice having been given with affidavit thereto on file. Roll call was answered as follows:

PRESENT: Ferraro, McTaggart, Stern, and Mayor Lyon

ABSENT: Byrd

Also present were Assistant City Manager Carolynn Petru, City Attorney Carol Lynch, and Director of Public Works Dean Allison.

RECESS & RECONVENE:

At 6:30 P.M. City Attorney Lynch announced that the items that would be considered in by the City Council in closed session were those listed on the agenda that had been prepared for the Special City Council meeting. Following that announcement, Mayor Lyon declared a recess to a Closed Session. The meeting reconvened at 6:59 P.M.

CLOSED SESSION REPORT:

City Attorney Lynch reported that Council unanimously (with Councilman Byrd absent) directed staff to (1) pursue the FUDS option with the Corps of Engineers for the clean-up of the Point Vicente Interpretive Center site (2) try to negotiate a PRP option into the agreement with the Army Corps of Engineers, if possible, and, (3) rescind the City's claim against the federal government regarding the clean-up of the site. In addition, the City Council also authorized the City Attorney to negotiate with the County of Los Angeles to obtain a financial contribution towards the expenditures that have been made by the City to conduct testing and clean up of the soil at the site and to request the County to transfer title to that property, along with title to the "Fishing Access" site, to the City.

ADJOURNMENT: Adjourned at 7:00 P.M. on motion of Mayor Lyon.

____________________

MAYOR

ATTEST:

______________________

CITY CLERK


3. Notice of Completion for 2000-2001 Residential Overlay and Slurry Seal Program. (Allison)

Recommendation: (1) Accept the work as complete. (2) Authorize the City Clerk to file a Notice of Completion with the County Recorder; and if no claims are filed 35 days after recordation, notify the surety company to exonerate the Payment and Performance bond. (3) Authorize the Director of Public Works to release the 10% retention payment to Silvia Construction, Inc. 35 days after recordation of the Notice of Completion by the County Recorder contingent on no claims being filed on the project.


TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PUBLIC WORKS

DATE: JULY 3, 2001

SUBJECT: NOTICE OF COMPLETION FOR 2000/01 RESIDENTIAL OVERLAY AND SLURRY SEAL PROGRAM

RECOMMENDATIONS

  1. Accept the work as complete.
  2. Authorize the City Clerk to file a Notice of Completion with the County Recorder; and if no claims are filed 35 days after recordation, notify the surety company to exonerate the Payment and Performance bonds.
  3. Authorize the Director of Public Works to release the 10% retention payment to Silvia Construction, Inc. 35 days after recordation of the Notice of Completion by the County Recorder contingent on no claims being filed on the project.

BACKGROUND AND DISCUSSION

On September 6, 2000, the City Council awarded a contract to Silvia Construction, Inc. for overlaying and slurry sealing various streets as part of the 2000/01 Residential Overlay and Slurry Seal Program. Construction was completed on March 2, 2001.

Final project costs are as follows:

Contract award amount

Authorized contingency

Total authorized amount

Approved Change Orders

Final Contract Amount

$ 1,543,780.00

$ 77,220.00

$ 1,621,000.00

$ (102,194.47)

$ 1,441,585.53

There were three contract change orders on the project. With a net change of $102,194.47 credit.

CONCLUSION

Silvia Construction, Inc. has successfully completed all work in accordance with the plans and specifications. Therefore, the work should be accepted as complete and a Notice of Completion filed.

FISCAL IMPACT

The recommended action will have no fiscal impact. Adequate funds were provided in the adopted FY 2000 - 01 budget for completion of the project and funds were carried forward into the current year.

Respectfully submitted,
Dean E. Allison, rector of Public Works

Reviewed,
Les Evans, City Manager


4. One-Year Extension of Agreement with Gary Amo for Public Information Services. (Evans)

Recommendation: Approve a third one-year extension of the Agreement with Gary Amo for Public Information Services and authorize the Mayor and the City Clerk to execute the agreement extension.


TO: HONORABLE MAYOR AND COUNCILMEMBERS

FROM: CITY MANAGER

DATE: JULY 3, 2001

SUBJECT: ONE-YEAR EXTENSION OF AGREEMENT WITH GARY AMO FOR PUBLIC INFORMATION SERVICES

RECOMMENDATION:

Approve a third one-year extension of the Agreement with Gary Amo for Public Information Services and authorize the Mayor and City Clerk to execute the agreement extension.

BACKGROUND:

During the fiscal year 1998-99 budget process, the City Council first approved the implementation of an enhanced public information program and the hiring of a part-time person to prepare press releases, newsletter articles, informational brochures and other community outreach items to assist the City and Agency in insuring that our citizens have full and timely information about our activities. Council approved an agreement with Gary Amo on July 7, 1998 for Public Information Services for a maximum fee of $20,000. During the 1998-99 fiscal year $1,725 was spent under this contract. In 1999-2000 only $300 was spent. Last fiscal year $900 was spent.

DISCUSSION:

Staff is proposing a third one-year extension of the Agreement for Public Information Services with Mr. Gary Amo. Mr. Amo is well known to the Council and the community as the former editor of the Palos Verdes Peninsula News. He is also a published author of a series of popular fiction books and presently is the managing editor of Beverly Hills (213) magazine.

The original agreement called for an hourly rate of $75.00, with a fixed not to exceed amount for each assignment, for the public information services requested. The agreement amendment proposed will increase the hourly rate to an hourly rate of $125.00 but will not change the other agreement terms. Each assignment under this agreement must be authorized in writing by the City Manager prior to commencement and will include a brief description of the specified work, a time schedule for completion of the work and a not to exceed amount to be paid upon completion of the assignment or at agreed upon milestones not to exceed once per month payments.

Work contemplated under this Agreement includes: Providing expertise in the preparation of scripts for public service announcements and "TV spots," press releases, newsletter articles, informational brochures and other community outreach items describing activities of the City and Agency, as directed by the City Manager and the Executive Director.

Mr. Amo's resume is attached.

FISCAL IMPACT:

The adopted Fiscal Year 2001-02 City Budget includes $15,000 for a community outreach consultant. Award of this contract will obligate $2,500 of this amount to be spent on an undetermined number of tasks that will be assigned on an individual basis.

Respectfully submitted,
Les Evans, City Manager

Attachment: Gary Amo’s Resume


5. Traffic Signal Installation on Crest Road at Highridge Road. (Allison)

Recommendation: (1) Approve the Plans and Specifications for the traffic signal installation on Crest Road at Highridge Road. (2) Award a construction contract to Dynalectric, Inc. for an amount not to exceed $99,400, and authorize staff to spend an additional $10,600 for possible extra work for a total authorization of $ 110,000. (3) Authorize the Mayor and the City Clerk to execute a contract with Dynalectric, Inc. (4) Authorize the expenditure of up to $110,000 for construction inspection and administration services.


TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PUBLIC WORKS

DATE: JULY 3, 2001

SUBJECT: TRAFFIC SIGNAL INSTALLATION ON CREST ROAD AT

HIGHRIDGE ROAD

RECOMMENDATIONS

  1. Approve the Plans and Specifications for the traffic signal installation on Crest Road at Highridge Road
  2. Award a construction contract to Dynalectric, Inc. for an amount not to exceed $99,400, and authorize staff to spend an additional $10,600 for possible extra work for a total authorization of $ 110,000.
  3. Authorize the Mayor and City Clerk to execute a contract with Dynalectric, Inc.
  4. Authorize the expenditure of up to $11,000 for construction inspection and administration services.

BACKGROUND

On October 23,2000, an engineer’s report to the Traffic Committee recommended that a traffic signal be installed on Crest Road at Highridge Road. The Traffic Committee approved the report and forwarded the report to the City Council.

On November 21, 2000, the City Council reviewed the report and authorized staff to proceed with the engineering design and to advertise the project for construction bids.

Plans have been prepared and on June 21, 2001 bids were opened.

DISCUSSION

Six companies requested plans and specifications, and three firms submitted bids to perform the work. Bid results are as follows:

BIDDER

TOTAL BID AMOUNT

Engineers Estimate (Installation)

$ 120,000

Dynalectric

$ 99,400

Steiny and Company, Inc.

$ 103,224

L. A. Signal, Inc

$ 108,500

Background references for Dynalectric have been contacted and have responded with positive feedback. Dynalectric has completed work for City of Los Angeles and Caltrans and has ongoing work with Santa Monica and Culver City. Staff recommendations No. 2 and No. 3 awards a construction contract to Dynalectric

Engineering Services are required for construction inspection and administration. Staff recommendation No. 4 authorizes the expenditure of up to $ 11,000 for these services. Staff intends to utilize a firm already under contract for on-call services for the required services.

CONCLUSIONS

Adopting the staff recommendation will result in the construction of the new traffic signal at the intersection of Crest Road an Highridge Road as approved by the Traffic Committee and the City Council.

The proposed finding plan is as follows:

FISCAL IMPACT

Funding for the project will be provided by a combination of funding sources:

Developer Fees from the Seabreeze Tract

$ 40,000

Developer Fees from the Caymen Tract

$ 40,000

City of Rancho Palos Verdes

$ 30,750

City of Rolling Hills Estates

$ 10,250

Total

$ 121,200

The Gas Tax Fund will be used to fund the portion of funding contributed by the City of Rancho Palos Verdes. This fund is included in the FY 2001 – 02 budget.

Respectfully submitted,
Dean Allison, Director of Public Works

Reviewed
Les Evans, City Manager


6. Claim Against the City by Michael Tahbaz. (Purcell)

Recommendation: Reject the claim and direct the City Clerk to notify the claimant of Council’s action.


TO: HONORABLE MAYOR & CITY COUNCILMEMBERS

FROM: ADMIN. SERVICES DIRECTOR/CITY CLERK

DATE: JULY 3, 2001

SUBJECT: CLAIM AGAINST THE CITY BY MICHAEL TAHBAZ

RECOMMENDATION

Reject the claim and direct the City Clerk to notify the claimant of the City Council’s action.

BACKGROUND

This claim is for damage to Mr. Tahbaz’s vehicle caused when a tree limb fell on it while it was parked in front of his home. This is a City tree and has been maintained according to the City’s Tree Maintenance Policy; it was last inspected in April 1999 and found to be in good condition. Mr. Tahbaz has presented a preliminary estimate of $1162 for the repair of his vehicle.

Carl Warren & Co. has investigated this claim and has advised the City that it should be rejected.

Respectfully submitted,
Jo Purcell

Reviewed:
Les Evans


7. November 6, 2001 General Municipal Election. (Purcell)

Recommendation: Adopt the following resolutions: (1) RESOL. NO. 2001- , CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 6, 2001, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; (2) RESOL. NO. 2001- , REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2001; and, (3) RESOL. NO. 2001- , ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE OF AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 6, 2001.


TO: HONORABLE MAYOR & MEMBERS OF THE CITY COUNCIL

FROM: ADMIN. SERVICES DIRECTOR/CITY CLERK

DATE: JULY 3, 2001

SUBJECT: NOVEMBER 6, 2001 GENERAL MUNICIPAL ELECTION

RECOMMENDATION

Adopt the following resolutions: (1) RESOL. NO. 2001- , CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 6, 2001, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; (2) RESOL. NO. 2001- , REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2001; and, (3) RESOL. NO. 2001- , ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE OF AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 6, 2001.

INTRODUCTION

Adoption of these resolutions begins the preparation necessary for conducting the November 6, 2001 General Municipal Election.

ANALYSIS

On November 6, 2001 two members will be elected to the City Council for a four year term of office. These proposed resolutions set the date and time of the election, request consolidation services from the County of Los Angeles, and outline the Council's policy with regard to candidate statements and reimbursement to the City for the expense of printing those statements. This year that cost is estimated to be $350 per statement.

CONCLUSION

The general municipal election is scheduled for November 6, 2001 and the California Elections Code requires that certain resolutions be adopted preparatory to holding that election.

FISCAL IMPACT

The City Clerk's Office has budgeted $40,000 in the FY 2001-2002 budget to conduct this election.

Respectfully submitted,
Jo Purcell

Reviewed:
Les Evans, City Manager

RESOLUTION NO. 2001-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO PALOS VERDES, CALIFORNIA, CALLING AND GIVING

NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION

TO BE HELD ON TUESDAY, NOVEMBER 6, 2001, FOR THE

ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE

PROVISIONS OF LAWS OF THE STATE OF CALIFORNIA

RELATING TO GENERAL LAW CITIES

WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal election shall be held on November 6, 2001, for the election of Municipal Officers; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Rancho Palos Verdes, California, on Tuesday, November 6, 2001, a General Municipal Election for the purpose of electing two members of the City Council for the full term of four years.

Section 2. That the ballots to be used at the election shall be in form and content as required by law.

Section 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

Section 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until 8:00 o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the elections Code of the State of California.

Section 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Section 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

Section 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED AND ADOPTED ON July 3, 2001

RESOLUTION NO. 2001-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF SAID CITY TO BE HELD ON NOVEMBER 6, 2001, WITH THE SCHOOL DISTRICT ELECTION TO BE HELD ON SAID DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE.

WHEREAS, the City Council of the City of Rancho Palos Verdes called a General Municipal Election in said City to be held on Tuesday, November 6, 2001, for the purpose of electing two members of the City Council of said City; and

WHEREAS, it is desirable that said General Municipal election be consolidated with the School District election to be held on the same date and that within said City the precincts, polling places and election officers of the two elections be the same, and that the Registrar of the County of Los Angeles canvass the returns of the General Municipal election and that said School District Election and General Municipal Election be held in all respects as if there were only one election;

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS;

Section 1: That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the School District election on Tuesday, November 6, 2001, for the purpose of electing two members of the City Council of said City.

Section 2: Said Registrar is hereby authorized to canvass the returns of said General Municipal Election which it is hereby requested to consolidate with said School District election and said election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.

Section 3: Said Board of Supervisors is hereby requested to issue instructions to the Registrar to take any and all steps necessary for the holding of said consolidated election.

Section 4: The City of Rancho Palos Verdes recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs.

Section 5: That the City Clerk of the City of Rancho Palos Verdes is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of the County of Los Angeles.

PASSED, APPROVED AND ADOPTED July 3, 2001.

RESOLUTION NO 2001-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO PALOS VERDES, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE OF AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 6, 2001

WHEREAS, Section 13307 of the elections Code of the State of California Provides that the governing body of any local agency adopt regulations pertaining to materials prepared by a candidate for a municipal election, including costs thereof:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: General Provisions. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Rancho Palos Verdes on November 6 2001, may prepare a candidate's statement on an appropriate form provided by the City Clerk. Such statement may include the name, age and occupation of the candidate and a brief description of no more than two hundred (200) words of the candidate's education and qualifications expressed by the candidate himself or herself. Such statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. Such statement may be withdrawn but not changed, during the period for filing nomination papers and until 5:00 P.M. of the next working day after the close of the nomination period.

Section 2: Foreign Languages

a. Pursuant to state law the City Clerk shall upon request provide Spanish translation and printing of the candidate's statement at the requesting candidate's expense.

b. Pursuant to the Voting Rights Act, the city is required to translate candidate's statements into the following language in addition to English: Chinese.

c. The City Clerk shall have all candidates statements translated and available upon request in the City Clerk's office.

Section 3: Additional Materials. No candidate will be permitted to include additional materials in the sample ballot package.

Section 4: Payment. The candidate shall be required to pay for the cost of translating and printing of the candidate's statements into a foreign language pursuant to State or Federal law. The City Clerk shall estimate the total cost of printing, translating, and mailing the candidate's statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965, as amended, and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the official sample ballot. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

Section 5: That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nomination papers are issued.

Section 6: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it the same in the book of original Resolutions of said City.

PASSED, APPROVED and ADOPTED ON July 3, 2001.


8. City Investment Policy – Fiscal Year 2001-2002. (McLean)

Recommendation: Adopt the Fiscal Year 2001-2002 investment policy for the City of Rancho Palos Verdes.


TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DENNIS McLEAN, FINANCE DIRECTOR

DATE: JULY 3, 2001

SUBJECT: CITY INVESTMENT POLICY – Fiscal Year 2001-02

RECOMMENDATION:

Adopt the Fiscal Year 2001-02 investment policy for the City of Rancho Palos Verdes.

BACKGROUND:

State law requires that public agencies adopt an investment policy annually. No significant changes to California law have occurred during FY 2000-01 that would require modification to the City's investment policy. As a result, the attached policy is essentially identical to the investment policy adopted for FY 2000-01. The policy continues to emphasize the practice of using the State's Local Agency Investment Fund (LAIF) for the City's investments.

As criteria for selection of investments the policy maintains the use of the following factors (listed in order of priority): safety, liquidity, and yield. The policy continues to require the City Treasurer to submit a monthly report to the City Manager and City Council detailing the City's investment activity and policy compliance. Each year, as a part of the City's annual independent audit, there is a review of the City's Investment Policy regarding compliance with the Policy guidelines. These review procedures will be performed in conjunction with the internal control testing applied to City policies. Any discrepancies will be reported directly to the City Council in the auditor's management letter issued upon the completion of their examination.

Respectfully submitted,
Dennis McLean, Finance Director/City Treasurer

Reviewed:
Les Evans, City Manager


9. Loan Agreement Between the City and the RDA. (McLean)

Recommendation: Authorize the Mayor and the City Clerk to execute the attached Loan Agreement between the City and the Rancho Palos Verdes Redevelopment Agency.


TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DENNIS McLEAN, FINANCE DIRECTOR

SUBJECT: LOAN AGREEMENT BETWEEN THE CITY AND RDA

DATE: JULY 3, 2001

RECOMMENDATION:

Authorize the Mayor and City Clerk to execute the attached Loan Agreement between the City and the Rancho Palos Verdes Redevelopment Agency.

BACKGROUND AND ANALYSIS:

Abalone Cove Fund Financing

The Abalone Cove landslide abatement project of the Redevelopment Agency was initially financed by the issuance of $10 million of County Improvement District Bonds (the "Bonds") in 1991. The Bonds were issued as part of the Reimbursement and Settlement (Horan) Agreement entered into between the County, City, Agency and the Horan litigants in 1987. After payment of amounts owed the County and the City, approximately $6.7 million of net bond proceeds were transferred to the Agency's Abalone Cove fund in 1991 to finance landslide abatement projects.

Under the terms of the bond restructuring in 1997, the Bonds were repaid by the Agency's issuance of $5,455,000 of tax allocation bonds (the "1997 RDA Bonds") and a lump sum payment of $4,545,000 to the County. The lump sum payment was funded with $2 million of accumulated tax increment, $1 million of fund reserves from the Abalone Cove fund and a loan to the Abalone Cove fund by the City in the amount of $1,545,000.

The original RDA bond proceeds have financed landslide abatement projects in the Abalone Cove area. It is anticipated that the Abalone Cove fund balance will be approximately $280,000 as of June 30, 2001, with an additional $230,000 expected to be expended during FY 2001-02.

The City and the Agency previously entered into a Loan Agreement when the City advanced $1,545,000 to the Abalone Cove fund as a part of the 1997 bond restructuring. The original loan agreement was dated November 30, 1997 and has been amended annually to consolidate the loan for accrued (unpaid) interest. With accrued interest of $546,956 through June 30, 2001, the total amount owed to the City by the Abalone Cove fund of the Agency is $2,091,956 as of June 30, 2001. If interest rates are consistent with the prior year, total accrued interest will be $745,692 at June 30, 2002, and the total amount owed the City by the Abalone Cove fund will be $2,290,692 at June 30, 2002.

Portuguese Bend Fund Financing Requirements

While the Abalone Cove fund of the Agency has relied on bond proceeds to finance landslide abatement projects, the Portuguese Bend fund of the Agency relies on the City to finance its landslide projects. A sufficient fund balance will exist at June 30, 2001 to pay for all budgeted FY 2001-02 expenditures within the Portuguese Bend project area. The FY 2001-02 budget does not provide for any additional loan principal amounts to the Portuguese Bend fund of the Agency.

The total principal loan owed the City by the Portuguese Bend fund will be $4,320,552 as of June 30, 2001. Including accrued interest of $3,845,152, the total amount owed to the City by the Portuguese Bend fund will be $8,165,704 as of June 30, 2001. If interest rates are consistent with the previous year, the total accrued interest will be $4,620,894 at June 30, 2002, and the total amount owed to the City by the Portuguese Bend fund will be $8,941,446.

CONCLUSION:

The proposed Loan Agreement includes a history of loan advances made by the City to the Abalone Cove fund and Portuguese Bend fund of the Agency. The interest rate charged on the loan is equal to the rate earned by the City on its LAIF deposits plus three percent. For the past year, the interest rate charged on the loans with the Agency was 9.5%. The loan is subordinate to the payment of the 1997 RDA Bonds issued to the County in 1997.

No additional principal loans are anticipated to be made to the Agency in FY 2001-02. The attached Loan Agreement merely provides for a consolidation of all previous years loan activities in both the Abalone Cove and Portuguese Bend funds as required by the terms of the previous Loan Agreement. The proposed Loan Agreement continues to require the maturity of the loan with the close of the fiscal year.

Respectfully submitted,
Dennis McLean, Finance Director

Reviewed:
Les Evans, City Manager


10. April 2001 Treasurer’s Report. (McLean)

Recommendation: Receive and file.


TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: FINANCE DIRECTOR

DATE: JULY 3, 2001

SUBJECT: APRIL 2001 TREASURER’S REPORT

Staff Coordinator: Dennis McLean, Finance Director

RECOMMENDATION:

Receive and file the April 2001 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 April 2001.

ANALYSIS:

The overall cash balances of the City totaled $25,930,536 at April 30, 2001. This represents a $269,832 increase during the month. The 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 – The General fund cash balance increased by nearly $144,000 during the month. The City received approximately $121,000 in earned interest income during April.

1972 Act Fund – The 1972 Act fund cash balance increase of approximately $75,000 resulted from a property tax installment received for this landscape and lighting maintenance district during April.

CDBG Fund – The cash balance in the CDBG fund decreased by almost $52,000 during the month. The majority if the decrease resulted from $15,000 in grants and $30,000 in loans paid through the CDBG Home Improvement Program.

1911 Act Fund – The cash balance in the 1911 Act fund increased by almost $70,000 during April. A $79,000 property tax installment was received for this lighting maintenance district.

Respectfully submitted,
Dennis McLean, Finance Director/Treasurer

Reviewed:
Les Evans, City Manager


11. 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.


# # # # # # # # # # # #

REGULAR BUSINESS:


12. Ordinance Prohibiting Hunting on Public Land. (Lynch)

Recommendation: INTRODUCE ORDINANCE NO. __ AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING REGULATIONS PROHIBITING HUNTING ON CITY PROPERTY AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE


TO: HONORABLE MAYOR LYON AND MEMBERS OF THE CITY COUNCIL

FROM: CAROL W. LYNCH, CITY ATTORNEY

DATE: JULY 3, 2001

SUBJECT: ORDINANCE PROHIBITING HUNTING ON PUBLIC LAND

RECOMMENDATION

INTRODUCE ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING REGULATIONS PROHIBITING HUNTING ON CITY PROPERTY AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.

DISCUSSION

As the Council is aware, the City has established a conservation easement over the majority of land in Shoreline Park. Recently, members of the public have expressed concern that individuals are using slingshots to hunt rabbits, and perhaps other wildlife, in the park. The Rancho Palos Verdes Municipal Code (the "RPV Code") currently contains no provision that prohibits hunting activities in City parks.

Under its general police powers, the City has the authority to impose reasonable time, place and manner restrictions on the public’s access to city-owned land. In order to protect City parks and other property, as well as the public’s health, safety and general welfare, from such unwanted activities, our office recommends that the City amend Chapter 12.16 of the RPV Code to establish regulations prohibiting hunting activities on city property. The Section that is being added to the Municipal Code is similar to provisions of the State Fish and Game Code.

The proposed Ordinance will add new Section 12.16.110 prohibiting hunting by any means except as expressly authorized by the City. The Ordinance will further authorize the Director of Public Works to post appropriate signs as necessary on City property to advise members of the public of this prohibition.

If the City Council concurs with staff’s recommendation, the Council may read the proposed Ordinance by title only, waive further reading and introduce the Ordinance at its meeting on July 3, 2001. The Ordinance may be adopted after second reading at the next Regular or Adjourned meeting of the City Council.

CONCLUSION

Adopting the staff recommendation will enable the City to prohibit hunting activities on City property.

Submitted by,
Carol W. Lynch, City Attorney

Reviewed by,
Les Evans, City Manager

Attachment: Draft Ordinance

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING REGULATIONS PROHIBITING HUNTING ON CITY PROPERTY AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.

THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Title 12 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new Section 12.16.110 to Chapter 12.16 to read as follows:

"12.16.110. Hunting Prohibited. No person shall, by any means, hunt any animal, fowl, fish, amphibian, or reptile on City property unless expressly authorized by the City. For the purposes of this section, ‘hunt’ shall mean stalk, pursue, catch, capture, kill, or attempt to stalk, pursue, catch, capture or kill."

Section 2. Upon the effective date of this Ordinance, the Director of Public Works is hereby directed to place appropriate signs, as deemed necessary by the Director, on City property to advise the public that hunting is prohibited. Said signs shall be in substantially the following form: "Pursuant to the provisions of Section 12.16.110 of the Rancho Palos Verdes Municipal Code, hunting is prohibited on City property."

Section 3. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and publication of this Ordinance, and shall cause this Ordinance and its certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

Section 4. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

PASSED, APPROVED and ADOPTED this _______ day of _______________, 2001.

_____________________________

Mayor

ATTEST:

___________________________

City Clerk

APPROVED AS TO FORM:

___________________________

Carol W. Lynch,

City Attorney


13. Animal Control Ordinance. (Lynch)

Recommendation: (1) INTRODUCE ORDINANCE NO. __ AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE TITLE 10, ANIMALS, OF THE LOS ANGELES COUNTY CODE AND AMENDING CHAPTER 6.04 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. (2) Direct the City Clerk to set a public hearing on the adoption of this Ordinance at the City Council meeting on August 3, 2001, and to publish notice according to Government Code Section 50022.3.


TO: HONORABLE MAYOR LYON AND MEMBERS OF THE CITY COUNCIL

FROM: CAROL W. LYNCH, CITY ATTORNEY

DATE: JULY 3, 2001

SUBJECT: ANIMAL CONTROL ORDINANCE

RECOMMENDATION:

(1) INTRODUCE ORDINANCE NO. __ AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE TITLE 10, ANIMALS, OF THE LOS ANGELES COUNTY CODE AND AMENDING CHAPTER 6.04 OF THE RANCHO PALOS VERDES MUNICIPAL CODE.

(2) Direct the City Clerk to set a public hearing on the adoption of this Ordinance at the City Council meeting on August 3, 2001, and to publish notice according to Government Code Section 50022.3.

BACKGROUND:

The Los Angeles County Board of Supervisors ("Board") recently adopted a number of changes to Los Angeles County Code, Title 10, the code that governs animal care and control activities. Since the County provides animal control services to the City and Title 10 is the enforcement mechanism utilized, the County has requested that the City adopt these same changes as well.

Many of the changes are relatively minor and technical in nature, while others are more significant. In particular, there has been an increase in dog license fees.

Dog License Fees

 

Unaltered Dog

Altered Dog

Senior Citizen

Old Fee Schedule

$30

$10

$5.00

New Fee Schedule

$30

$15

$7.50

These increases are the first since 1990 and reflect inflation and higher costs in doing business for the Department. Other changes to Title 10 include:

1. Animal Sales for Biomedical Purposes. The Department of Animal Control ("Department") has adopted policies forbidding the release of unclaimed animals that are impounded to medical research facilities. The changes the Board adopted to Title 10 repealed the medical research provision. Thus, the Board codified what has been Department policy for 10 years.

2. Elimination of Fees. Fees have been eliminated for small dead animals brought to the shelters for disposal as well as surrender fees for small live animals or single litters of animals brought to a shelter by their owners or custodians.

3. Potentially Dangerous and Vicious Dogs. In 1998, the Department discontinued following the procedures contained in Chapter 10.37 pertaining to dangerous dogs. A Los Angeles Municipal Court ruled that the County’s ordinance was unenforceable because the ordinance did not allow a dog owner to appeal the Director’s decision to a court (Wyche v. County of Los Angeles). Based on that ruling and additional legal review by the County Counsel’s office, the County has adopted an alternative process set forth in state law (California Food and Agriculture Section 31641 et seq.), which was the process that the City followed before it began contracting with the County for animal care and control services. The Board has now codified that process and has adopted a new Chapter 10.37 that conforms to the provisions contained in the Food and Agricultural Code, which will be included, by reference, into the Rancho Palos Verdes Municipal Code, when the attached ordinance becomes effective.

DISCUSSION:

The proposed Ordinance will adopt by reference Title 10, Animals, of the Los Angeles County Code as amended and in effect on June 1, 2001. The Ordinance also maintains amendments to the County Code that were previously adopted by the City Council to implement Council’s previous direction of not requiring residents to obtain cat licenses.

After first reading of the Ordinance, State law requires that the City Council schedule a public hearing on the Ordinance. The public hearing can occur in conjunction with the second reading of the Ordinance. Pursuant to Government

Code 50022.3 and 50022.6, the notice of the public hearing must be published once a week for two successive weeks, with at least five day intervening between the respective publication dates, not counting the publication dates. In addition, the City Clerk is required to keep on file a copy of the code to be adopted by reference for at least 15 days before the public hearing.

Submitted by,
Carol W. Lynch, City Attorney

Reviewed by,
Les Evans, City Manager

Attachment: Draft Ordinance

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE TITLE 10, ANIMALS, OF THE LOS ANGELES COUNTY CODE, AND AMENDING CHAPTER 6.04 OF THE RANCHO PALOS VERDES MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDAINS AS FOLLOWS:

Section 1: Section 6.04.010 of Chapter 6.04 of Title 6 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows:

"6.04.010 County animal control ordinance adoption. Except as hereinafter provided, Title 10, Animals, of the Los Angeles County Code, as amended and in effect on June 1, 2001, is hereby adopted by reference as the Animal Control Ordinance of the City of Rancho Palos Verdes and may be cited as such.

A copy of Title 10, Animals, of the Los Angeles County Code, as amended an in effect on June 1, 2001 has been deposited in the office of the City Clerk of the City of Rancho Palos Verdes and shall at all times be maintained by the City Clerk for use and examination by the public.@

Section 2: Section 6.04.020 of Chapter 6.04 of Title 6 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows:

"6.04.020. Animal control ordinance amended.

A. Notwithstanding the provisions of Section 6.04.010, the Animal Control Ordinance is amended by amending Sections 10.08.230, 10.12.180, 10.12.190, 10.20.010, 10.20.011, 10.20.020, 10.20.030, 10.20.040, 10.20.045, 10.20.050, 10.20.060, 10.20.070, 10.20.110, 10.20.130, 10.20.140, 10.20.150, 10.20.160, 10.20.170, 10.20.180, 10.20.190, 10.20.200 and 10.20.210 to read as follows:

Section 10.08.230. Unlicensed dog. "Unlicensed dog means any dog for which the license for the current year has not been paid, or to which the tag for the current year, provided for in this Division 1, is not attached

Section 10.12.180. Unlicensed dogs or unvaccinated dogs or cats – Right of entry for enforcement. For the purpose of discharging the duties imposed upon him by this Division 1, the director, in order to enforce the provisions hereof to take and impound any unlicensed dog or unvaccinated dog or cat, may enter any real property upon which any dog or cat is kept or harbored or upon which he has reason to believe any dog or cat is kept or harbored and demand the exhibition by the person owning or having charge or control of any such dog or cat, the required rabies vaccination certificate, and/or the license or license tag for such dog for the current year provided for by this Division 1. This section does not permit any person to enter any private dwelling, except where necessary to rescue an animal.

10.12.190. Refusing to show license or certificate unlawful. Any person upon whom any demand is made under authority of this Division 1 for the exhibition of any dog or cat rabies vaccination certificate, or any dog license or tag, who fails to refuse to exhibit the same if he has it in his position, is guilty of a violation of this Division 1, which shall be punishable as herein provided.

10.20.010. License tags - Issuance - Fee. Pursuant to Chapter 3 (commencing with Section 30801) of Division 14 and 14.5 of the Food and Agricultural Code, the director shall issue serially numbered permanent dog license tags marked with the name of the county of Los Angeles.

10.20.011. License - Issuance by veterinarians and other qualified persons in the City of Rancho Palos Verdes - Conditions. The director may authorize the issuance of dog licenses, as required by Section 10.20.010, by persons practicing veterinary medicine in the City of Rancho Palos Verdes, or other persons approved by the director who meet the qualifications established by the department. Said persons shall transmit records and negotiable papers to the department of animal care and control at intervals as established by the director, and shall collect and transmit to the director the fee required by this chapter for the issuance of such licenses. The director may reimburse these businesses for such fees.

10.20.020. Person deemed custodian when. Any person keeping or harboring any dog for 15 consecutive days shall be deemed to be the custodian thereof and subject to licensing provisions within the meaning of this Division 1.

10.20.030. License - Required - Costs. Every person owning of having custody or control of any dog over the age of four months in the City of Rancho Palos Verdes shall obtain a license from the director for each of such dogs and shall pay the fees for such licenses as set forth in Section 10.90.010.

10.20.040. Kennel dogs - Individual license required when. An individual dog license shall be obtained for each dog in addition to a kennel license, when such dog is not kept exclusively in a kennel run or cage. No individual license shall be required for any dog in transit, or when attending a dog show in the care of a kennel representative.

10.20.045. Dog breeding - License required - Fees. Any person, except for a person possessing a valid kennel license, who causes the breeding of a female dog and sells the offspring for pay or other compensation, shall obtain an animal breeding permit in the amount set forth in Section 10.90.010. Each permit shall authorize the whelping of no more than one litter per female dog in any 10-month period and no more than one litter per domestic household in any 12-month period.

10.20.050. Exceptions from licensing requirement.

A. The provisions of this Division 1 do not require either a tag or a license for:

1. Any dog found within the City of Rancho Palos Verdes when the owner thereof resides in any municipality or unincorporated territory within the county, and such dog is wearing or has attached to it a license tag for the current year issued by such municipality or county.

2. Any dog owned by or in the charge of any person who is a nonresident of the City of Rancho Palos Verdes and is traveling through the City or temporarily sojourning therein for a period of not exceeding 30 days;

3. Any dog brought into the City of Rancho Palos Verdes and kept therein for not to exceed 30 days for the exclusive purpose of entering the same in any bench show, or dog exhibition, or field trials or competition;

4. Any dog brought or sent into the City of Rancho Palos Verdes from any point outside thereof for the exclusive purpose of receiving veterinary care in any dog hospital, in the event that such dog is kept at all times strictly confined within such hospital;

5. Any dog wearing having attached to it a license tag for the current year issued by a municipality within the county or by the county when the owner thereof has, within one year last past, moved his principal place of residence from such municipality or unincorporated territory of the county to the City of Rancho Palos Verdes; provided, that such municipality or county similarly exempts from tag and license requirements dogs wearing current City license tags and owned by persons who have moved from the City of Rancho Palos Verdes to such municipality or unincorporated territory of the county.

10.20.060. Unvaccinated dogs - Licensing permitted when. The director may accept the payment of the fee for a license tag and a license for a dog who has not been vaccinated as required by Division 1 on condition that the owner of such dog within five days thereafter, have such dog vaccinated and submit the required veterinarian's certificate to the director. Upon receipt of such certificate, the director shall issue the license tag and license.

10.20.070. Unvaccinated dogs - Time limit for vaccination when dog is disabled. A person who obtains a license without submitting a certificate of vaccination because of the infirmity or disability of the dog shall, within 10 days after the termination of such infirmity or disability, cause such dog to be vaccinated as required by Part 2 of this chapter.

10.20.110. License tag - Fee for spayed or neutered animals. Pursuant to Section 30804.5 of the Food and Agriculture Code, any dog license tag issued pursuant to Section 10.20.030 of this Part 1 shall be issued for one-half or less of the fee required if a certificate is presented from a licensed veterinarian that the dog has been spayed or neutered.

10.20.130. Record keeping and procurement of tags and receipts. The director shall procure the number of license receipts and dog license tags needed each year, and shall keep a register wherein shall be entered the name and address of each person to whom any dog license tag is issued, the number of such tag, the date of issuance thereof and a description of the dog for which issued.

10.20.140. License - Vaccination requirements and conditions. The director shall not issue a dog license unless the applicant exhibits a certificate signed by a veterinarian, licensed either by the state of California or by any other state to practice veterinary medicine, that:

A. The period elapsing from the date of vaccination with approved rabies vaccine to the date of expiration of the license being issued does not exceed the time as established by the state; or

B. Such dog should not be vaccinated with rabies vaccine because such vaccination would jeopardize the health of such dog due to infirmity or other disability, which infirmity or other disability, and the estimated date of termination thereof, is shown on the face of the certificate to the satisfaction of the director.

10.20.150. License - Information to be shown on receipt. When the director issues a dog license, he shall show on the receipt the age of the dog, the date of last vaccination, and, if the license was issued without proof of vaccination, the reason therefor.

10.20.160. License and License tag - Transfer permitted when - Fee. If, during a license period, a dog is sold or title to the dog is otherwise transferred to a new owner, such new owner may apply to the director for a transfer of such dog's tag and license and pay a transfer fee as specified under Chapter 10.90. Upon receipt of such application and fee, the director shall record the name and address of the new owner.

10.20.170. Replacement of lost tags. In case any license tag for an individual dog is lost or destroyed, a duplicate thereof may be procured from the director upon the submission to the director of such proof as he or she may require and upon the payment therefor as specified under Chapter 10.90.

10.20.180. Tag to be worn by dog. A license tag for an individual dog shall be securely affixed to a collar, harness or other device which shall at all times be worn by such dog, except while such dog remains indoors or in any enclosed yard or pen.

10.20.190. Keeping unlicensed dogs prohibited. A person shall not harbor or keep, or cause or permit to be harbored or kept, any unlicensed dog in the City of Rancho Palos Verdes.

10.20.200. Counterfeit or imitation tags prohibited. A person shall not attach to or keep upon any dog, or cause or permit to be attached to or kept upon any dog, any tag provided for in Section 10.20.010 of this chapter except a tag issued for such dog under the provisions of this chapter, or attach or keep upon or cause or permit to be attached to or kept upon any dog, or make or cause or permit to be made or have in possession, any counterfeit or imitation of any tag provided for in this chapter.

10.20.210. Removing tag from collar prohibited. An unauthorized person shall not remove from any dog any collar or harness or other device to which is attached a license tag, or remove such tag or other identification therefrom.

B. Notwithstanding the provisions of Section 6.04.010, the Animal Control Ordinance is further amended by amending the first paragraph of Schedule VI to read as follows:

Every person owning a dog over the age of four months shall obtain an annual license and tag for each such dog; except, there shall be a one-time only fee for registration of discharged military dogs, for guide dogs or Seeing-eye dogs, for signal dogs trained to assist the hearing impaired, for service dogs trained to perform tasks to assist the physically handicapped, upon payment of the following fees:@

Section 3. Section 6.04.030 of Chapter 6.04 of Title 6 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows:

"6.04.030 Violations - Penalty

A. Unless a different penalty is provided for in this Chapter, any person violating any provision of the Animal Control Ordinance is guilty of an infraction that is punishable by:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation;

2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within twelve (12) calendar months; and

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision within twelve (12) calendar months.

B. Any person violating any of the following Sections, or violating any of the Chapters or provisions referenced in the following Sections, is guilty of a misdemeanor that is punishable as provided for in Section 1.08.010 of Chapter 1.08 of this Code:

Section 10.12.190

Section 10.12.200

Section 10.12.210(B)

Section 10.20.280

Section 10.20.310

Section 10.28.060

Section 10.32.020

Section 10.32.040

Section 10.32.070

Section 10.32.080

Section 10.37.030

Section 10.37.040(c)

Section 10.37.050(c)

Section 10.37.050(f)

Section 10.37.060

Section 10.40.010

Section 10.40.040

Section 10.40.065(B)

Section 10.48.060

Section 10.72.040

Section 10.76.050

Section 10.80.020

Section 10.86.020"

Section 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 5. The City Clerk is directed to forward a certified copy of this ordinance to the Director of the Los Angeles County Department of Animal Care and Control.

PASSED, APPROVED and ADOPTED this day of , 2001.

________________________________

MAYOR

ATTEST:

_____________________________

CITY CLERK

RECESS:

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

(This section of the agenda is for audience comments on items NOT on the agenda. Speakers are limited to three minutes.)


14. Filling Vacancy on the City Council. (Lynch)

Recommendation: Since Council Member Byrd has submitted his resignation from the City Council, the Council should determine at the July 3rd City Council meeting whether to appoint an individual to serve the remainder of Council Member Byrd's term, and should the Council wish to do so, the Council should make the appointment at that meeting.


TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: CITY ATTORNEY

DATE: JULY 3, 2001

SUBJECT: FILLING VACANCY ON THE CITY COUNCIL

RECOMMENDATION

Since Council Member Byrd has submitted his resignation from the City Council, the Council should determine at the July 3rd City Council meeting whether to appoint an individual to serve the remainder of Council Member Byrd's term, and should the Council wish to do so, the Council should make the appointment at that meeting.

DISCUSSION

Council Member Byrd has advised the City that he has sold his residence and that he is resigning from the City Council on July 3rd. The process that is to be followed to fill the seat on the City Council that is being vacated by Council Member Byrd is governed by Government Code Section 36522(b), which provides as follows:

    (b) "If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 30 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent."

Pursuant to this section, the Council has thirty days from the commencement of the vacancy either: (1) to appoint a council member, or (2) to call a special election to fill the vacancy. In this case, the timing of the vacancy essentially has eliminated one of the options, the requirement of holding a special election. This is so because if a special election were called in July, the next regularly established election date that is at least 114 days later is the same date as the regular municipal election that will be held to fill that seat for the upcoming term, which is November 6, 2001.

If the City Council decides to appoint a new council member to fill the unexpired portion of the current term, the appointment must occur within thirty days of the date when the seat becomes vacant. However, should the Council decide not to make an appointment, the seat simply will remain vacant through the end of Mr. Byrd's term, because the date when the special election would be held coincides with the end of the current term of that council office.

The next issue that arises is determining the date of the vacancy for purposes of establishing the thirty-day period when an appointment can be made, assuming that the City Council wishes to do so. Government Code Section 36502(a) provides in relevant part that:

"If, during his or her term of office [as a council member], he or she moves his or her place of residence outside of the city limits or ceases to be an elector of the city, his or her office shall immediately become vacant." (See also Government Code Section 1770.)

In California, a person's intent is the primary factor to be considered in determining the location of one's residence, if that intent can be corroborated by documentary evidence, such as voter registration, tax returns, or mailing address. (75 Ops.Atty.Gen. 287.) For example, the mere fact that someone relocates temporarily outside of the territorial limits of a particular governmental entity will not defeat his or her continued residency, if the person intends to return to that location. (Michelman v. Frye, 238 Cal.App.2d 698 (1965).)

In this case, Mr. Byrd sold his home on June 7, 2001. However, both before and after the sale of his property, he had been investigating the possibility of renting within the City of Rancho Palos Verdes throughout the remainder of his term of office. Thus, it was unclear at the time when his home was sold whether Mr. Byrd intended to continue to reside in the City. However, in a letter to the City Clerk dated June 26, 2001, Mr. Byrd has notified the City that he is resigning formally from the City Council as of July 3, 2001.

Under Government Code Section 36502, it would be reasonable to conclude that Mr. Byrd’s office became vacant as soon as he sold his home. On the other hand, his continued investigation of the possibility of renting another property within the City supports an argument that his seat on the City Council will not become vacant until the date when he no longer intends to reside within the City, which is the date of his resignation.

FISCAL IMPACT

Due to the timing of the vacancy, the City will not be required to hold a special election, even if the City Council does not appoint someone to fill the unexpired portion of Council Member Byrd's term of office. Since a special election will not be required, there is no fiscal impact to the City arising from a decision to appoint, or not to appoint, someone to fill the vacant seat.

CONCLUSION

Because of the vacation schedules of the remaining Members of the City Council and the timing of the vacancy, we recommend that the City Council determine at the July 3rd City Council meeting whether anyone should be appointed to fill the remainder of the term and, if so, make the appointment at that time.

Respectfully submitted,
Carol Lynch, City Attorney,

Reviewed,
Les Evans, City Manager


15. City Council Assignments. (Purcell)

Recommendation: Assign Councilmembers to various organizations upon the resignation of Councilman Byrd.


TO: HONORABLE MAYOR & CITY COUNCILMEMBERS

FROM: ADMIN. SERVICES DIRECTOR/CITY CLERK

DATE: JULY 3, 2001

SUBJECT: CITY COUNCIL ASSIGNMENTS

RECOMMENDATION

Assign Councilmembers to various organizations upon the resignation of Councilman Byrd.

BACKGROUND

Councilman Byrd represents the City as either an alternate or delegate to several organizations: California Joint Powers Insurance Authority (CJPIA) (Alternate), Contract Cities (Alternate), Palos Verdes Transit Authority (Delegate), and the West Basin Water District (Alternate).

Following is a brief description of each of those organizations:

California Joint Powers Insurance Authority: The CJPIA Board of Directors, comprised of one council member from each member city, meets once a year in July. The Executive Committee, which is selected by the Board of Directors, meets the fourth Wednesday of every month at the Authority’s headquarters in La Palma. The City is self-insured through an insurance pool administered by the CJPIA for general liability, property, special events, blanket bonding, and workers' compensation.

California Contract Cities Association: This organization meets the third Wednesday of the month at 6:30 PM for a dinner meeting hosted by member cities (location varies). As the name suggests, issues addressed by the organization generally are narrower than the League of California Cities' issues in that they tend to impact only contract cities. In addition to monthly meetings, the Association has an annual Sacramento Legislative Conference in January and a Palm Springs Conference in May.

PV Transit Authority JPA: The cities of Rancho Palos Verdes, Rolling Hills Estates and Palos Verdes Estates are members of this agency. Its charter is to manage both the Dial-A-Ride and the Palos Verdes Transit systems. The meetings are conducted every other month (on odd months) on the third Thursday at 9:15 AM at Rolling Hills Estates City Hall.

West Basin Municipal Water District: This organization is comprised five divisions; Rancho Palos Verdes is in Division 1: there are a total of 17 South Bay Cities in the District. The District’s mission is to obtain and provide a safe and adequate supplemental supply of high-quality water to member agencies, including the communities, businesses and residents of the area in an efficient, effective and economical manner. This committee meets quarterly for dinner at the Alpine Village.

CONCLUSION

Councilman Byrd has indicated that he will be resigning from the City Council. Upon the effective date of that resignation certain Council assignments will have to be made so that the City is adequately represented at various organizations.

Respectfully submitted,
Jo Purcell

Reviewed:
Les Evans


16. Ordinance to Amend Traffic Code – Repeal of "For Sale Sign" Prohibition. (Purcell)

Recommendation: Introduce Ordinance No. __ AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING REGULATIONS RELATING TO PARKING VEHICLES FOR SALE ON PUBLIC STREETS AND AMENDING TITLE 10 OF THE RANCHO PALOS VERDES MUNICIPAL CODE.


TO: HONORABLE MAYOR & CITY COUNCILMEMBERS

FROM: ADMIN. SERVICES DIRECTOR/CITY CLERK

DATE: JULY 3, 2001

SUBJECT: AMENDMENT TO TRAFFIC CODE - REPEAL OF "FOR SALE SIGN" PROHIBITION

RECOMMENDATION

INTRODUCE ORDINANCE NO. _____ - AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING REGULATIONS RELATING TO PARKING VEHICLES FOR SALE ON PUBLIC STREETS AND AMENDING TITLE 10 OF THE RANCHO PALOS VERDES MUNICIPAL CODE.

INTRODUCTION

Adoption of this ordinance will repeal the prohibition on placing "For Sale" signs in vehicles parked along the City’s public rights-of-way.

BACKGROUND

The City adopted by reference County Ordinance No. 6544 (The Traffic Ordinance) which contained a prohibition on having a "For Sale" sign in a car parked along the public right-of-way. That prohibition was challenged and has now been declared unconstitutional. (See attached Order Granting Plaintiff’s Motion).

CONCLUSION

A section of the City’s Traffic Code has been declared unconstitutional and adoption of this ordinance will strike it from the Municipal Code.

Respectfully submitted,
Jo Purcell

Reviewed:
Les Evans

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING REGULATIONS RELATING TO PARKING VEHICLES FOR SALE ON PUBLIC STREETS AND AMENDING TITLE 10 OF THE RANCHO PALOS VERDES MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Title 10 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new Section 10.04.035 to Chapter 10.04 to read as follows:

"10.04.035. Repeal - Parking vehicles for sale or rent. Notwithstanding the provisions of Section 10.04.010, the Traffic Ordinance is amended by repealing Section 3108 thereof."

Section 2. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and publication of this Ordinance, and shall cause this Ordinance and its certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

Section 3. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

PASSED, APPROVED and ADOPTED this day of July , 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, do hereby certify that the whole number of members of the City is five, that the foregoing Ordinance No. passed first reading on July 3, 2001, was duly and regularly adopted by the City Council of said City at a regular meting thereof held on July , 2001 and that the same was passed and adopted by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________

City Clerk


17. Pre-Ordering of Drainage Pipe and Issuance of a Notice of Exemption for the San Ramon Drainage and Landslide Stabilization Project. (Petru)

Recommendation: (1) Based on the facts set forth in this report, find that an emergency exists which will not permit a delay resulting from a competitive solicitation for bids, and that the actions taken below are necessary to respond to the emergency. (2) Authorize staff to conduct an informal bid process and pre-order HDPE drainage pipe for an estimated cost of $50,000. (2) Adopt the Notice of Exemption for the San Ramon Drainage and Landslide Stabilization Project and direct staff to post notice of this action as required by law.


TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: ASSISTANT CITY MANAGER

DATE: JULY 3, 2001

SUBJECT: PRE-ORDERING OF DRAINAGE PIPE AND ISSUANCE OF A NOTICE OF EXEMPTION FOR THE SAN RAMON DRAINAGE AND SLOPE STABILIZATION PROJECT

RECOMMENDATIONS:

1. Based on the facts set forth in this report, find that an emergency exists which will not permit a delay resulting from a competitive solicitation for bids, and that the actions taken below are necessary to respond to the emergency.

2. Authorize staff to conduct an informal bid process and pre-order HDPE drainage pipe for an estimated cost of $50,000.

3. Adopt the Notice of Exemption for the San Ramon Drainage and Slope Stabilization Project and direct staff to post notice of this action as required by law.

BACKGROUND:

The last time the City Council considered the San Ramon Drainage Project was on September 5, 2000. At that time, the Council authorized staff to enter into professional service agreements with AMEC Earth and Environmental (formerly AGRA Earth and Environmental) and DMc Engineering, Inc. in order to complete the geotechnical review and civil engineering for the project. During the interim period, AMEC has completed four borings within the project area and installed an inclinometor in the deepest boring hole (approximate depth of 150 feet). The geologic data that has been recently generated by this investigation has resulted in a significant change to the scope of the project.

Last fall, the project was expected to require approximately 4,000 cubic yards of fill to be placed at the bottom on the canyon to buttress the toe of the landslide and provide a suitable base for the new drainpipe. However, AMEC has determined that in addition to the slide plane that has already been exposed at the bottom of the canyon, there are multiple potential slide planes that progress up the hill on the east side of the canyon. Even if the toe of the landslide is buttressed, there is the possibility of movement on one or more of the upper slide planes, which would continue to threaten the City’s new drainage facility, the access road, utilities and private homes and other improvements that sit above the north and east sides of the canyon. Therefore, the scope of the project has expanded from 4,000 cubic yards of fill to approximately 60,000 cubic yards in order to buttress the entire slope. Moreover, although the City placed erosion control measures on the area of instability during the last rainy season, additional erosion has occurred at the bottom of the canyon. Most significantly, there are indications that landslide mass is begun to move slowly downhill. These conditions have elevated this project to an emergency priority.

The expanded project will be carried out in two phases. Phase I, which is intended to stabilize the landslide prior to the next rainy season, involves placing an approximately 15,000 cubic yard "plug" of imported fill at the base of the slope. Permanent drainage facilities would be constructed within the "plug", including energy dissipation structure, cut-off wall and rip rap at the outlet of the pipe. Phase II involves the placement of approximately 50,000 cubic yards of imported fill in the canyon to provide additional buttress strength for the east slope. The buttress slope would be 2:1 in gradient with a height of approximately 120 feet. A brow ditch and terrace drains would be installed on the graded slope to conduct surface water off of the slope. Phase II also includes upsizing the remaining portion of the existing drainage facilities located between Palos Verdes Drive East and the fill area.

DISCUSSION:

Staff has brought this matter back to the Council at this time so that several actions can be taken now to help move the project forward before the next rainy season begins.

1. Informal Bid and Pre-Order of Drainage Pipe

The civil engineer for the project, DMc Engineering, has recommended that the City use high-density polyethylene or HDPE (PE 3408) pipe for this project. HDPE pipe is ideal for the proposed drainage project because it can be fusion welded on-site to eliminate any joints between pipe sections, thereby providing a continuous drainage pipe that will minimize the chances for leaks to occur in the future. HDPE is more flexible than traditional re-enforced concrete pipe (RCP), and can better adapt to the amount of fill that must be placed over the pipe in order to complete the project.

Because there are very few manufacturers and distributors of HDPE pipe, staff is seeking City Council authorization to conduct an informal bid process. Due to the specialized nature of this product, staff does not feel that a formal bid process would result in a lower cost, but would take valuable time away from getting the project under construction before the rainy season. In addition, due to the urgency associated with this project, staff is also requesting Council authorization to pre-order the pipe to ensure that it will be available at the appropriate time during construction and will not cause a delay in the construction schedule. The pipe can be set aside at the distributor’s yard and be available on demand when the contractor is ready to install it at the site.

The Municipal Section 2.44.140 allows the Council to deviate from the typical purchasing process if it is determined that because of the nature of the services, advertising for bids would not likely result in lower prices. Staff believes that this claim can, and should be made regarding the pipe required for the San Ramon project. In addition, Public Contract Code Section 22050(a)(1) permits a public agency to procure necessary equipment, services and supplies for emergency repairs without competitive bidding. The governing body is required under Public Contract Code Section 22050(a)(2) to make a finding, based on evidence set forth in its minutes, that the emergency will not permit a delay, and that the action is necessary to respond to the emergency.

An "emergency" is defined in Public Contract Code Section 1102 as "a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services." Staff feels the San Ramon project qualifies as an emergency under the Public Contract Code because the commencement of landslide movement was sudden and unexpected, and it poses a clear an imminent danger to the access road, utilities and private homes and other improvements that sit above the north and east sides of the canyon. It also poses an imminent danger to essential public services such as roads, electric power service, gas service, sewer services, and communications services in the vicinity of this area. This situation must be addressed before the onset of the rainy season, so immediate action is required to prevent the loss or impairment of these properties and the potential loss or impairment of life, health, or essential public services.

Approval of both recommended actions requires a four-fifths (4/5) vote of the Council under Public Contract Code Section 22050(a)(1). In addition, Public Contract Code Section 22050(c)(1) requires that when a governing body takes action under Section 22050(a)(1), it must review that action and reaffirm it by a four-fifths vote at each subsequent regularly scheduled meeting until the action is terminated. Accordingly, staff will place this item on each subsequent agenda until the pipe has been purchased.

2. CEQA Notice of Exemption

The drainage and slope stabilization project is subject to review under the requirements of the California Environmental Quality Act (CEQA). Staff and the City’s consultant, Helix Environmental, have determined that the project is exempt from the requirements of CEQA because the project involves emergency repairs to a landslide, which is currently moving and will be exacerbated by the upcoming winter rains. The emergency determination is further warranted because the project demands immediate action to prevent loss or damage to life, health and property. If the necessary repairs are delayed, there is risk of damage to four immediately adjacent homes and essential public services (including a private access road, utilities and storm drain facilities).

The Notice of Exemption and the associated support documentation is attached for the Council’s review and approval. Helix Environmental has analyzed the proposed project and determined that it will cause environmental impacts to air quality, biological resources, cultural and paleontological resources, water quality and noise. Each of these impacts is discussed in the attached Determination of Environmental Exemption, which also includes the appropriate mitigation measures. The City will still be required to obtain the necessary permits from the U.S. Fish and Wildlife Service, California Fish and Game Department and U.S. Army Corps of Engineers.

CONCLUSIONS:

Due to the urgent circumstances associated with this capital improvement project, the City should move as quickly as possible to complete the storm drain and land stabilization project prior to the winter rains. To that end, staff is seeking authorization to conduct an informal bid process and pre-order the drainage pipe so that the construction schedule is not delayed waiting for delivery of this critical material. In addition, staff is seeking City Council approval of the Notice of Exemption prepared for the project in order to satisfy the requirements of the California Environmental Quality Act. Staff is requesting the Notice of Exemption based on the emergency provisions contained in the California Environmental Quality Act.

ALTERNATIVES:

With regards to the pipe, Council could to direct staff to prepare bid documents and advertise for the pipe. This option is not recommended because it is not likely to result in lower prices and would expand the project schedule by three months, a result which could result in the loss or impairment of life, health, property, or essential public services. In addition, Council could direct staff to prepare a Mitigated Negative Declaration for the project, however, this option would also jeopardize the City’s ability to complete the project before the winter rains commence.

FISCAL IMPACT:

The Adopted FY 2001-2002 budget includes adequate funding ($ 2,000,000) for this project.

Respectfully submitted,
Carolynn Petru, Assistant City Manager

Reviewed:
Les Evans, City Manager

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

CLOSED SESSION AGENDA CHECKLIST

Based on Government Code Section 54954.5

(All Statutory References are to California Government

Code Sections)

CONFERENCE WITH LEGAL COUNSEL

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.

Initiation of Litigation:

G.C. 54956.9(c)

one

(Number of Potential Cases)

The City Council is meeting to discuss and determine whether to file a lawsuit against Los Angeles County or whether to enter an agreement to toll said lawsuit concerning the contaminated soil at the Pt. Vicente Interpretative Center property.

Existing Litigation:

G.C. 54956.9(a)

Name of Case: Olson, et al v. City of Rancho Palos Verdes, et al

Names of Parties: Lloyd Olson, William T. Eakin, CEC Cinder, Richard

Tolt, Jr., and Beachfront USA, Inc.

Case No: Los Angeles County Superior Court

Case No. BC245694

Name of Case: City of Rancho Palos Verdes v. Chiles, et al

Names of Parties: Michael Chiles and Jayne Chiles

Case No: Los Angeles County Superior Court

Case No. BC230969


RANCHO PALOS VERDES

REDEVELOPMENT AGENCY

AGENDA

JULY 3, 2001

FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD

CALL TO ORDER NEXT RESOL. NO. RDA 2001-08

APPROVAL OF AGENDA:

APPROVAL OF CONSENT CALENDAR:


A. Minutes of June 5, 2001. (Purcell)

Recommendation: Approve the Minutes.


D R A F T

M I N U T E S

RANCHO PALOS VERDES REDEVELOPMENT AGENCY

REGULAR MEETING

JUNE 5, 2001

The meeting was called to order at 10:58 P.M. by Chair Lyon at Fred Hesse Community Park, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file.

PRESENT: Byrd, Ferraro, McTaggart, Stern, and Chair Lyon

ABSENT: None

Also present were Executive Director Les Evans; Assistant Executive Director Carolynn Petru; Agency Attorney Carol Lynch; Planning, Building & Code Enforcement Director Joel Rojas; Director of Public Works Dean Allison; Agency Secretary Jackie Drasco; and, Recording Secretary Arlene Jaentsch.

APPROVAL OF AGENDA:

Member McTaggart moved, seconded by Member Ferraro to approve the agenda. Motion carried.

APPROVAL OF CONSENT CALENDAR:

Member Ferraro moved, seconded by Member Byrd, to approve the Consent Calendar as follows:

Minutes (301)

Approved the Minutes of May 1, 2001.

Resol. No. RDA 2001-05 - Register of Demands (602 x 1900)

ADOPTED RESOLUTION NO. RDA 2001-06, 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.

The motion carried on the following roll call vote:

AYES: Byrd, Ferraro, McTaggart, Stern, and Chair Lyon

NOES: None

PUBLIC HEARING:

Resol. No. RDA 2001-07 – Budget for Fiscal Year 2001-2002 (Petru) (602 x 1900)

Member Byrd moved, seconded by Member McTaggart to ADOPT RESOLUTION NO. RDA 2001-07, A RESOLUTION OF THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2001-2002, WHICH BEGINS ON JULY 1, 2001.

The motion carried on the following roll call vote:

AYES: McTaggart, Stern, Ferraro, Byrd and Chair Lyon.

NOES: None

PUBLIC COMMENTS:

Lois Larue, 3136 Barkentine Road, reminded the Council of her suggestion that the GPS equipment used by the City be designated as the Lee Byrd GPS upon his retirement from the Council. Additionally, she made reference to Member McTaggart’s travel to Washington D.C. and his airport parking expense.

ADJOURNMENT:

The meeting was adjourned at 10:59 P.M. on the motion of Member Ferraro.

_______________________

Chair

Attest:

________________________

Agency Secretary


B. Redevelopment Agency Investment Policy – Fiscal Year 2001-2002. (McLean)

Recommendation: Adopt the Fiscal Year 2001-2002 investment policy for the Rancho Palos Verdes Redevelopment Agency.


TO: HONORABLE CHAIR AND MEMBERS OF THE AGENCY BOARD

FROM: DENNIS McLEAN, AGENCY TREASURER

DATE: JULY 3, 2001

SUBJECT: REDEVELOPMENT AGENCY INVESTMENT

POLICY–FY 2001-02

Staff Coordinator: Kathryn Downs, CPA, Financial Consultant

RECOMMENDATION:

Adopt the FY 2001-02 investment policy for the Rancho Palos Verdes Redevelopment Agency.

BACKGROUND:

State law requires that public agencies adopt an investment policy annually. No significant changes to state law have occurred during the past year, which would require modification to the Agency's Investment Policy. As a result, the attached policy is essentially identical to the investment policy adopted for FY 2000-01.

The policy continues to emphasize the practice of using the State's Local Agency Investment Fund (LAIF) for the Agency's investments. As criteria for selection of investments, the policy continues the use of the following factors in order of priority: safety, liquidity, and yield. The policy will continue to require the Agency Treasurer to submit a monthly report to the Executive Director and Agency Board detailing the Agency's investment activity and policy compliance.

Respectfully submitted,
Dennis McLean, Agency Treasurer

Reviewed:
Les Evans, Executive Director


C. Loan Agreement Between the City and the RDA. (McLean)

Recommendation: Authorize the Agency Chairman and the Agency Secretary to execute the attached Loan Agreement between the City and the Rancho Palos Verdes Redevelopment Agency.


TO: HONORABLE CHAIRMAN AND MEMBERS OF THE BOARD

FROM: DENNIS McLEAN, FINANCE DIRECTOR

SUBJECT: LOAN AGREEMENT BETWEEN THE CITY AND RDA

DATE: JULY 3, 2001

RECOMMENDATION:

Authorize the Agency Chairman and the Agency Secretary to execute the attached Loan Agreement between the City and the Rancho Palos Verdes Redevelopment Agency.

BACKGROUND AND ANALYSIS:

Abalone Cove Fund Financing

The Abalone Cove landslide abatement project of the Redevelopment Agency was initially financed by the issuance of $10 million of County Improvement District Bonds (the "Bonds") in 1991. The Bonds were issued as part of the Reimbursement and Settlement (Horan) Agreement entered into between the County, City, Agency and the Horan litigants in 1987. After payment of amounts owed the County and the City, approximately $6.7 million of net bond proceeds were transferred to the Agency's Abalone Cove fund in 1991 to finance landslide abatement projects.

Under the terms of the bond restructuring in 1997, the Bonds were repaid by the Agency's issuance of $5,455,000 of tax allocation bonds (the "1997 RDA Bonds") and a lump sum payment of $4,545,000 to the County. The lump sum payment was funded with $2 million of accumulated tax increment, $1 million of fund reserves from the Abalone Cove fund and a loan to the Abalone Cove fund by the City in the amount of $1,545,000.

The original RDA bond proceeds have financed landslide abatement projects in the Abalone Cove area. It is anticipated that the Abalone Cove fund balance will be approximately $280,000 as of June 30, 2001, with an additional $230,000 expected to be expended during FY 2001-02.

The City and the Agency previously entered into a Loan Agreement when the City advanced $1,545,000 to the Abalone Cove fund as a part of the 1997 bond restructuring. The original loan agreement was dated November 30, 1997 and has been amended annually to consolidate the loan for accrued (unpaid) interest. With accrued interest of $546,956 through June 30, 2001, the total amount owed to the City by the Abalone Cove fund of the Agency is $2,091,956 as of June 30, 2001. If interest rates are consistent with the prior year, total accrued interest will be $745,692 at June 30, 2002, and the total amount owed the City by the Abalone Cove fund will be $2,290,692 at June 30, 2002.

Portuguese Bend Fund Financing Requirements

While the Abalone Cove fund of the Agency has relied on bond proceeds to finance landslide abatement projects, the Portuguese Bend fund of the Agency relies on the City to finance its landslide projects. A sufficient fund balance will exist at June 30, 2001 to pay for all budgeted FY 2001-02 expenditures within the Portuguese Bend project area. The FY 2001-02 budget does not provide for any additional loan principal amounts to the Portuguese Bend fund of the Agency.

The total principal loan owed the City by the Portuguese Bend fund will be $4,320,552 as of June 30, 2001. Including accrued interest of $3,845,152, the total amount owed to the City by the Portuguese Bend fund will be $8,165,704 as of June 30, 2001. If interest rates are consistent with the previous year, the total accrued interest will be $4,620,894 at June 30, 2002, and the total amount owed to the City by the Portuguese Bend fund will be $8,941,446.

CONCLUSION:

The proposed Loan Agreement includes a history of loan advances made by the City to the Abalone Cove fund and Portuguese Bend fund of the Agency. The interest rate charged on the loan is equal to the rate earned by the City on its LAIF deposits plus three percent. For the past year, the interest rate charged on the loans with the Agency was 9.5%. The loan is subordinate to the payment of the 1997 RDA Bonds issued to the County in 1997.

No additional principal loans are anticipated to be made to the Agency in FY 2001-02. The attached Loan Agreement merely provides for a consolidation of all previous years loan activities in both the Abalone Cove and Portuguese Bend funds as required by the terms of the previous Loan Agreement. The proposed Loan Agreement continues to require the maturity of the loan with the close of the fiscal year.

Respectfully submitted,
Dennis McLean, Finance Director

Reviewed:
Les Evans, City Manager


D. April 2001 Treasurer’s Report. (McLean)

Recommendation: Receive and File.


TO: HONORABLE CHAIRMAN AND MEMBERS OF THE BOARD

FROM: FINANCE DIRECTOR/AGENCY TREASURER

DATE: JULY 3, 2001

SUBJECT: APRIL 2001 TREASURER’S REPORT

RECOMMENDATION:

Receive and file the April 2001 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 April 2001 for the Redevelopment Agency.

ANALYSIS:

The cash balances of the Redevelopment Agency decreased by approximately $409,000 during the month, ending with an overall balance of $4,590,082 at April 30, 2001. Interest earned for the second fiscal quarter was approximately $87,000. 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


E. 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.


# # # # # # # # # # # #

REGULAR BUSINESS:


F. Authorization of Expenditure for Student Intern for GPS. (Allison)

Recommendation: Authorize the expenditure of up to $4,000 to fund student intern services to work on the Global Positioning System (GPS) data for Portuguese Bend landslide.


TO: HONORABLE CHAIRMAN AND MEMBERS OF THE BOARD

FROM: DEAN ALLISON, DIRECTOR OF PUBLIC WORKS

DATE: JULY 3, 2001

SUBJECT: STUDENT INTERN FOR GPS ANALYSIS

BACKGROUND AND DISCUSSION

Dr. Bob Douglas, professor of Geology at USC and resident of the city, has suggested that the City fund a summer salary ($ 4,000) for the period June to mid-September for an undergraduate student to work on the Global Positioning System (GPS) in the Portuguese Bend Landslide. The student will analyze the existing data by looking at how the rates of surface deformation have changed over space and time. The time series will also be compared to other data thought to impact the rates of sliding, such as the timing and amounts of rainfall.

In addition, the student will investigate the possibility and feasibility of installing of a small continuous monitoring network using recently developed GPS technology for studying landslides. The analysis of the existing data will be useful for identifying the regions of the slide that are most active, or that have the greatest temporal variability. These results can be compared to the geological data (observations) on movement. The student will evaluate the logistics of installing equipment permanently at the most useful sites, since permanent equipment will involve permitting, a continuos power supply and reliable communication. If the City finds that such a continuous monitoring system is desirable, if time and resources allow, the student can also work on installing this equipment and setting up the necessary data processing.

A student for the project has been identified and has already begun. The student will be working under the supervision of Dr. Chris Hill (FC), Dr. Susan Owen (USC) and Dr. Douglas. Dr. Owen is a geophysicist and GPS expert who works on motion in the upper crust. Dr. Hill conducted the groundwater study for us last year.

FISCAL IMPACT

Funding is available in the adopted FY 2001 – 02 for these activities

Respectfully submitted,
Dean E. Allison, Director of Public Works

Reviewed:
Les Evans, Executive Director

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 July 17, 2001.

 


RANCHO PALOS VERDES

IMPROVEMENT AUTHORITY

AGENDA

JULY 3, 2001

FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD

CALL TO ORDER: NEXT RESOL. NO. IA 2001-08

APPROVAL OF AGENDA:

APPROVAL OF CONSENT CALENDAR:


1. Minutes of June 5, 2001. (Purcell)

Recommendation: Approve the Minutes.


D R A F T

M I N U T E S

RANCHO PALOS VERDES IMPROVEMENT AUTHORITY COMMISSION

REGULAR MEETING

JUNE 5, 2001

The meeting was called to order at 10:59 P.M. by Chair Lyon at Fred Hesse Community Park, 29301 Hawthorne Boulevard.

PRESENT: Byrd, Ferraro, McTaggart, Stern, and Chair Lyon

ABSENT: None

Also present were Chief Administrative Officer Les Evans; Assistant Chief Administrative Officer Carolyn Petru, Commission Attorney Carol Lynch; Director of Planning, Building & Code Enforcement Joel Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean, Commission Secretary Jackie Drasco; and, Recording Secretary Arlene Jaentsch.

APPROVAL OF AGENDA

Commissioner McTaggart moved, seconded by Commissioner Ferraro, to approve the Agenda as presented. Motion carried.

APPROVAL OF CONSENT CALENDAR

Commissioner Ferraro moved, seconded by Commissioner McTaggart, to approve the amended consent calendar as follows:

Minutes (301)

Approved the minutes of May 1, 2001.

Resol. No IA 2001-06 - Register of Demands (602 x 2200)

ADOPTED RESOLUTION NO. IA 2001-06, 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.

The motion to approve the Consent Calendar carried on the following roll call vote:

AYES: Stern, Ferraro, Byrd, McTaggart, and Chair Lyon

NOES: None

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PUBLIC HEARING:

Resol. No. IA 2001-07 - Budget for Fiscal Year 2001-2002

Commissioner McTaggart moved, seconded by Commissioner Byrd to ADOPT IA RESOLUTION NO. 2001-07 A RESOLUTION OF THE IMPROVEMENT AUTHORITY COMMISSION OF THE CITY OF RANCHO PALOS VERDES ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2001-2002, WHICH BEGINS ON JULY 1, 2001.

PUBLIC COMMENTS:

ADJOURNMENT:

At 11:02 P.M., the meeting was adjourned on motion of Chair Lyon.

_____________________

Chair

ATTEST:

________________________

Commission Secretary


2. Improvement Authority Investment Policy – Fiscal Year 2001-2002. (McLean)

Recommendation: Adopt the Fiscal Year 2001-2002 investment policy for the Rancho Palos Verdes Improvement Authority.


TO: HONORABLE CHAIR AND MEMBERS OF THE BOARD

FROM: DENNIS McLEAN, AUTHORITY TREASURER

DATE: JULY 3, 2001

SUBJECT: IMPROVEMENT AUTHORITY INVESTMENT POLICY – FY 2001-02


3 April 2001 Treasurer’s Report. (McLean)

Recommendation: Receive and file.


TO: HONORABLE CHAIR AND MEMBERS OF THE COMMISSION

FROM: FINANCE DIRECTOR/AUTHORITY TREASURER

DATE: JULY 3, 2001

SUBJECT: APRIL 2001 TREASURER’S REPORT

Staff Coordinator: Dennis McLean, Finance Director

RECOMMENDATION:

Receive and file the April 2001 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 April 2001 for the Improvement Authority.

ANALYSIS:

The Improvement Authority’s cash decreased by approximately $27,000 during the past month, ending with an overall balance of $1,570,025 at April 30, 2001. Cash activity during April 2001 was limited to the receipt of the $7,917 monthly transfer from the City’s General fund, interest earned of approximately $24,500 and approximately $5,500 of cash outlays for routine dewatering well maintenance activities.

Respectfully submitted,
Dennis McLean, Finance Director/Authority Treasurer

Reviewed:
Les Evans, Chief Administrative Officer


4. 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.


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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.