Agenda 07/13/2001 RPV, City, Council, Meeting, 2001, Agenda RPV City Council Meeting Agenda for 07/13/2001 RANCHO PALOS VERDES CITY COUNCIL AGENDA, JULY 17, 2001
JULY 17, 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 17, 2001

FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD

 

7:00 P.M.REGULAR SESSION

CALL TO ORDER:

ROLL CALL:

FLAG SALUTE:

NEXT RESOL. NO. 2001-51

NEXT ORD. NO. 366

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 May 23, 2001. (Purcell)

Recommendation: Approve the Minutes.


3.Informal Bid and Pre-Ordering of Pipe for the San Ramon Drainage and Landslide Stabilization Project. (Petru)

Recommendation: Review and reconfirm by a four-fifths (4/5) vote, the Council’s action on July 3, 2001 to authorize staff to conduct an informal bid process and pre-order drainage pipe for the San Ramon Drainage and Landslide Stabilization Project.


4.Ordinance No. 363 - Repeal of "For Sale Sign" Prohibition. (Purcell)

Recommendation: ADOPT ORDINANCE NO. 363 - 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. (This ordinance was INTRODUCED at the July 3rd meeting.)


5.Ordinance No. 364 – Prohibiting Hunting On Public Land. (Purcell)

Recommendation: ADOPT ORDINANCE NO. 364 - AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING REGULATIONS PROHIBITING HUNTING ON CITY PROPERTY AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. (This ordinance was INTRODUCED at the July 3rd meeting.)


6.Budget Adjustment for the Purchase of Tax Defaulted Property. (Petru)

Recommendation: ADOPT RESOLUTION NO. 2001- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2001-43, THE BUDGET APPROPRIATIONS FOR FISCAL YEAR 2001-2002 FOR A BUDGET ADJUSTMENT TO THE CITY’S GENERAL FUND TO PURCHASE TAX-DEFAULTED PROPERTY FROM THE COUNTY OF LOS ANGELES.


7.April and May 2001 Treasurer’s Reports. (Downs)

Recommendation: Receive and file.


8.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.


PUBLIC HEARINGS


9.Code Amendment No. 49 (City of Rancho Palos Verdes, Citywide). (Fox)

Recommendation: INTRODUCE ORDINANCE NO. ___ TO ADOPT AN AMENDMENT TO CHAPTER 17.46 (EQUESTRIAN OVERLAY (Q) DISTRICT) OF TITLE 17 OF THE CITY’S MUNICIPAL CODE.


10.Abalone Cove Sewer Maintenance Fee. (Allison)

Recommendation: INTRODUCE ORDINANCE NO. ___AMENDING CHAPTER 13.06 OF THE RANCHO PALOS VERDES MUNICIPAL CODE ESTABLISHING SEWER MAINTENANCE FEES FOR THE ABALONE COVE SEWER SYSTEM.


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.)


REGULAR BUSINESS


11.Guidelines for Residential Undergrounding Districts. (Allison)

Recommendation: Adopt the proposed guidelines to establish a Residential Underground Program.


12.Comment Letter on Draft EIR/EIS for the Proposed Master Plan Improvements at Los Angeles International Airport. (Evans)

Recommendation: Approve the South Bay Cities Council of Governments’ Comment Letter on the Draft EIR/EIS for the Proposed Master Plan Improvements at Los Angeles International Airport and the attached cover letter and authorize the Mayor to sign the cover letter on behalf of the City Council.

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.


 

RANCHO PALOS VERDES CITY COUNCIL

AGENDA

JULY 17, 2001

FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD


 

7:00 P.M.REGULAR SESSION

CALL TO ORDER:

ROLL CALL:

FLAG SALUTE:

NEXT RESOL. NO. 2001-51

NEXT ORD. NO. 366

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 May 23, 2001. (Purcell)

Recommendation: Approve the Minutes.

D R A F T

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

SPECIAL MEETING

MAY 23, 2001

The meeting was called to order at 7:00 P.M. by Mayor Lyon at Fred Hesse Community Park, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file.

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; Deputy Director of Planning Dave Snow; Director of Public Works Dean Allison; Director of Finance Dennis McLean; Director of Recreation and Parks Rosenfeld; City Clerk/Administrative Services Director Jo Purcell; Senior Administrative Analyst Judy Huey; Administrative Analyst II Matt Waters; Recreation Program Supervisor II Holly Starr; Accountant Jane Lin; Financial Consultant Kathryn Downs; and, Deputy City Clerk/Recording Secretary Jackie Drasco.


APPROVAL OF AGENDA

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


REGULAR BUSINESS

Presentation of the Draft Two Year City Budget for FY 2001-2001 & FY 2002-2003

Staff recommendation was to review the draft two-year City budget and provide staff with direction.

City Manager Evans summarized the draft budget document and discussed the following topics:

Summaries:

  • Fund Balances
  • Revenue Sources
  • General Fund Revenues

Council direction for the above topics was as follows: (1) Include a comment in the City Manager’s Budget Message that none of these funds are automatically spent. All expenditures must be approved by the City Council. (2) Move LAWA legal expenses to City Attorney Professional Services. (3) Explain total interest income earned in the City Manager’s Budget Message.

New Budgets:

  • Abalone Cove Sewer District
  • Utility Undergrounding Fund
  • Roadway Beautification

New Features:

  • Performance Indicators

Budget Reorganization:

  • Aircraft Monitoring
  • Washington Lobbyist
  • Memberships and Dues for Regional Organizations
  • Information Technology
  • Code Enforcement
  • View Restoration

Council direction for the above topics was as follows: (1) Determine View Restoration and View Preservation expenses. (2) Determine the decrease experienced since adoption of new guidelines. (3) Prepare a Fee Schedule for Code Enforcement relative to View Restoration and View Preservation for submission to the Council for approval by the end of June 2001.

New Programs/Expenses:

  • California Contract Cities Events
  • Document Imaging
  • GIS Software
  • General Plan/Coastal Specific Plan/Trail Plan Update
  • Blufftop Fencing and Signage
  • Crest Road Sidewalk
  • Arterial Overlay

Increased Program Costs:

  • California League of Cities
  • General Liability Insurance
  • Website Maintenance
  • City Council Grants
  • Code Enforcement
  • Public Works Professional/Technical Service
  • Energy Cost
  • Building Maintenance
  • Trail Maintenance
  • Street Maintenance
  • Storm Drain Capital Improvement Plan
  • Employee Salaries/Benefits

City Manager Evans explained that there was a speaker present who wished to request a grant for an organization that had not received a City grant before.

Bob Miller, President and Director of the Chamber Orchestra of the South Bay, commended the Council for supporting fine arts and summarized correspondence to the Council describing their organization and requesting a grant.

Councilman Stern moved, seconded by Councilwoman Ferraro, to provide a City grant of $1500 on the condition that the Orchestra acknowledge the City as a sponsor in their material. Motion carried.

Mr. Miller agreed to the condition.

Council direction for the above topics was as follows: (1) Provide a $1500 grant to the Chamber Orchestra of South Bay and require that they list the City as a supporter. (2) Report to the Council on the number of website hits. (3) Pinpoint areas of City where speeding occurs to determine if we need an additional speedboard. (4) Determine if we need additional lights or only reflectors in City Hall Parking lot.

Decreased Program Costs:

  • Internal Service Funds
  • View Restoration

Presentation of the Draft Two Year Redevelopment Budget for FY 2001-2002 & FY 2002-2003.

Staff recommendation was to review the draft two-year Redevelopment Agency budget and provide staff with direction.

City Manager Evans discussed the following:

RDA:

  • Professional/Technical Services

Presentation of the Draft Two Year Improvement Authority Budget for FY 2001-2002 & FY 2002-2003

Staff recommendation was to review the draft two-year Improvement Authority budget and provide staff with direction.


RECESS & RECONVENE

At 8:30 P.M., Mayor Lyon declared a recess. The meeting reconvened at 8:44 P.M.

Abalone Cove Sanitary Sewer Maintenance Fee

Director Allison presented the staff report of May 23, 2001 and the recommendation to

authorize staff to mail notices to affected property owners.

City Attorney Lynch noted that there was a minor change to the staff report indicating that this is a fee, not an assessment.

Council discussion centered on the fact that not all property owners would be charged the same amount and that there would be monitoring by an alarm system and weekly inspections, which would assure that the system was working correctly.

Sharon Nolan, 6 Clovetree Place, related the history of this project and said that some property owners would be unpleasantly surprised to learn that the fee was not the amount that they expected. She asked if the City subsidy would continue in the future.

Jack Monks, 32200 Schooner Drive, agreed that property owners would be surprised that the fee might be different than they expected.

Council discussion focused on the importance of the presentation to the property owners to explain the difference in expected charge versus the actual charge and whether a sunset on the subsidy would be appropriate or if a grant might be obtained by the City to cover possible future subsidies.

Daphne Clarke, 10 Peppertree Drive, reiterated that it was unfortunate that property owners’ expectations of amounts to be paid were different than the actual amounts and she asked about maintenance costs.

Rob Hildon, said that he was contemplating a purchase in the part of the City and he felt that maintenance costs would be low when the system but new but would increase as time passed.

Council discussion centered on the fact that ACLAD and the Sanitation District had been contacted regarding assistance with the maintenance costs and both groups had declined.

Mayor Lyon moved, seconded by Councilman Byrd, to authorize staff to mail notices of the proposed fees to affected property owners with an explanation of the expected amounts to be paid. Motion carried.

Oral Report on Outstanding Budget Issues

Staff recommendation was to provide staff with direction.

Council discussed joining the Coastal Coalition and it was the consensus to join for one year.

Council discussed increasing the monthly travel allowance received by the Council and it was the consensus to make no change.


RECESS & RECONVENE

At 9:50 P.M., Mayor Lyon declared a recess to a Closed Session. The meeting reconvened at 10:10 P.M.


CLOSED SESSION REPORT

City Attorney Lynch reported that the Council unanimously authorized that the City enter into two agreements to purchase the real property listed on the agenda. One agreement will be to purchase approximately 163 acres from York Long Point Associates for $7,335,000, and the other agreement will be to purchase approximately 500 acres from Palos Verdes Land Holdings, LLC, for approximately $28 million. Both agreements will be fully contingent upon obtaining funding from other sources, such as private donations, and contributions from the state and federal governments.

ADJOURNMENT: Adjourned at 10:10 P.M. on motion of Mayor Lyon.

____________________

MAYOR
ATTEST:

__________________

CITY CLERK

 


3.Informal Bid and Pre-Ordering of Pipe for the San Ramon Drainage and Landslide Stabilization Project. (Petru)

Recommendation: Review and reconfirm by a four-fifths (4/5) vote, the Council’s action on July 3, 2001 to authorize staff to conduct an informal bid process and pre-order drainage pipe for the San Ramon Drainage and Landslide Stabilization Project.

TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM:ASSISTANT CITY MANAGER

DATE:JULY 17, 2001

SUBJECT:INFORMAL BID AND PRE-ORDERING OF PIPE FOR THE SAN RAMON DRAINAGE AND LANDSLIDE STABILIZATION PROJECT

RECOMMENDATION

Review and reconfirm by a four/fifths (4/5) vote, the Council’s previous action on July 3, 2001 to authorize staff to conduct an informal bid process and pre-order drainage pipe for the San Ramon Drainage and Landslide Stabilization Project.

BACKGROUND

On July 3, 2001, the City Council found that an emergency exists concerning the San Ramon Drainage and Landslide Stabilization Project. This emergency situation will not permit a delay resulting from a competitive solicitation for bids or the normal process of ordering the pipe. The Council authorized staff to conduct an informal bid process and to pre-order the drainage pipe that will be required for this capital improvement project.

DISCUSSION

Approval of both the informal bid process and the pre-ordering of the pipe required 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, because the informal bid process has not yet been completed, staff has placed this item on tonight’s agenda. This item will be placed on each subsequent agenda until the pipe has been purchased.

Respectfully submitted:

Carolynn Petru, Assistant City Manager

Reviewed,

Les Evans, City Manager


4.Ordinance No. 363 - Repeal of "For Sale Sign" Prohibition. (Purcell)

Recommendation: ADOPT ORDINANCE NO. 363 - 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. (This ordinance was INTRODUCED at the July 3rd meeting.)

TO:HONORABLE MAYOR & CITY COUNCILMEMBERS

FROM:ADMIN. SERVICES DIRECTOR/CITY CLERK

DATE:JULY 17, 2001

SUBJECT:ORDINANCE NO. 363 – REPEAL OF ‘FOR SALE SIGN’ PROHIBITION

RECOMMENDATION

ADOPT ORDINANCE NO. 363 - 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

This ordinance was introduced at the July 3rd meeting. Upon adoption by the City Council at the July 17th meeting, the ordinance will become effective within 30 days.

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.

CONCLUSION

This ordinance repealing that section of the City’s Traffic Code which has been declared unconstitutional was introduced at the July 3rd meeting. Adoption of this ordinance on July 17th will strike it from the Municipal Code.

Respectfully submitted,

Jo Purcell

Reviewed:

Les Evans

ORDINANCE NO. 363

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 17 day of July , 2001.

_____________________________

Mayor

ATTEST:

___________________________

City Clerk


5.Ordinance No. 364 – Prohibiting Hunting On Public Land. (Purcell)

 

Recommendation: ADOPT ORDINANCE NO. 364 - AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING REGULATIONS PROHIBITING HUNTING ON CITY PROPERTY AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. (This ordinance was INTRODUCED at the July 3rd meeting.)

TO:HONORABLE MAYOR & CITY COUNCIL MEMBERS

FROM:ADMIN. SERVICES DIRECTOR/CITY CLERK

DATE:JULY 17, 2001

SUBJECT:ORDINANCE NO. 364 – PROHIBITING HUNTING ON PUBLIC LAND

RECOMMENDATION

ADOPT ORDINANCE NO. 364 - AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING REGULATIONS PROHIBITING HUNTING ON CITY PROPERTY AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.

INTRODUCTION

Adoption of this ordinance will add new Section 12.16.110 prohibiting hunting by any means except as expressly authorized by the City. This 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.

BACKGROUND

This ordinance was introduced at the July 3rd meeting as the result of public concern that individuals were using slingshorts to hunt rabbits and perhaps other wildlife in the area of Shoreline Park. The City has established a conservation easement over the majority of that park.

This 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.

CONCLUSION

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

Respectfully submitted,

Jo Purcell, City Clerk

Reviewed:

Les Evans, City Manager

 

ORDINANCE NO. 364

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 17th day of July, 2001.

Mayor

ATTEST:

City Clerk


6.Budget Adjustment for the Purchase of Tax Defaulted Property. (Petru)

Recommendation: ADOPT RESOLUTION NO. 2001- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2001-43, THE BUDGET APPROPRIATIONS FOR FISCAL YEAR 2001-2002 FOR A BUDGET ADJUSTMENT TO THE CITY’S GENERAL FUND TO PURCHASE TAX-DEFAULTED PROPERTY FROM THE COUNTY OF LOS ANGELES.

TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM:ASSISTANT CITY MANAGER

DATE:JULY 17, 2001

SUBJECT:BUDGET ADJUSTMENT FOR THE PURCHASE OF TAX-DEFAULTED PROPERTY

RECOMMENDATION

Adopt Resolution No. 2001- , amending Resolution No. 2001-43, the Budget Appropriations for FY 01-02 for a budget adjustment to the City’s General Fund to purchase tax-defaulted property from the County of Los Angeles.

DISCUSSION

On February 1, 2000, the City Council authorized staff to enter into a Purchase Agreement with the Los Angeles County Treasurer and Tax Collector to acquire a tax-defaulted vacant lot located on Cherry Hill Lane. On July 10, 2001, the City received notice from the County that the subsequent Agreement (Chapter 8 Agreement No. 2013) became effective on June 28, 2001. Pursuant to the terms of the Agreement, the City has until July 24, 2001 to submit the necessary funds to the County to retire the property tax debt on the parcel. Once payment has been received, the County will record the Tax Deed to Purchaser of Tax Defaulted Property and provide a certified copy to the City for our records. Because acquisition of the tax defaulted property was uncertain, no funds for the purchase were included in the Budget Appropriations for FY 01-02. Therefore, a budget adjustment is necessary at this time in order to complete the purchase.

FISCAL IMPACT

The total amount required to obtain the property from the County is $2,977.94. The funding source would be the General fund.

Respectfully Submitted:

Carolynn Petru, Assistant City Manager

Reviewed:

Les Evans, City Manager

 

RESOLUTION NO. 2001-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS

VERDES, AMENDING RESOLUTION 2001-43, THE BUDGET APPROPRIATION

FOR FISCAL YEAR 2001-2002, FOR A BUDGET ADJUSTMENT TO THE

CITY'S GENERAL FUND TO PURCHASE TAX-DEFAULTED PROPERTY

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

WHEREAS, on June 5, 2001, the City Council of the City of Rancho Palos Verdes adopted Resolution 2001-43, approving a spending plan and authorizing a budget appropriation for the 2001-2002 fiscal year; and,

WHEREAS, on July 10, 2001, the City received notice from the County of Los Angeles Treasurer and Tax Collector that the Chapter 8 Agreement No. 2013 to purchase tax-defaulted property, previously entered into between the City and County, became effective on June 28, 2001. Based on Council action on February 1, 2000, the City now has the ability to purchase a vacant lot on Cherry Hill Lane (APN # 7572-004-023) from the County.

WHEREAS, the City Council desires that the fiscal year 2001-2002 budget appropriation be increased as follows:

General Fund:

     
City Manager #001-102-89 Land Acquisition $ 2,977.94

 

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

The following increases be made to the fiscal year 2001-2002 General Fund budget:

General Fund:

     
City Manager #001-102-89 Land Acquisition $ 2,977.94

PASSED, APPROVED, AND ADOPTED THE 17TH 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, hereby certify that the above Resolution No. 2001- was duly and regularly passed and adopted by the said City Council at regular meeting thereof held on July 17, 2001.


7.April and May 2001 Treasurer’s Reports. (Downs)

Recommendation: Receive and file.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: FINANCE DIRECTOR

DATE: JULY 17, 2001

SUBJECT: APRIL 2001 TREASURER’S REPORT

Staff Coordinator: Kathryn Downs, Financial Consultant

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

 

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: FINANCE DIRECTOR

DATE: JULY 17, 2001

SUBJECT: MAY 2001 TREASURER’S REPORT

Staff Coordinator: Kathryn Downs, Financial Consultant

RECOMMENDATION:

Receive and file the May 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 May 2001.

ANALYSIS:

The overall cash balances of the City totaled $26,363,504 at May 31, 2001. This represents an approximate $433,000 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.

Recycling Fund – The Recycling Fund cash balance increased by approximately $45,000. Payment was received for quarterly curbside recycling revenue from Waste Management.

CIP Fund – The cash balance in the CIP fund increased by almost $140,000 during the month. In addition to the $291,667 monthly transfer from the General fund, the CIP fund received a $63,000 TDA Bikeways grant. Project expenditures for the month totaled just over $215,000 and related primarily to the PVE/Bronco Storm Drain and FY 2000-2001 Citywide Residential Overlay projects.

 

Subregion Maintenance One Fund – Cash increased by $250,000 in this fund during the month. The Subregion Maintenance One fund received the third and final installment of maintenance fees charged to Capital Pacific Holdings for maintenance of the 71 acres of land dedicated to the City.

Respectfully submitted,

Dennis McLean, Finance Director/Treasurer

Reviewed:

Les Evans, City Manager


8.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.

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


PUBLIC HEARINGS


9.Code Amendment No. 49 (City of Rancho Palos Verdes, Citywide). (Fox)

Recommendation: INTRODUCE ORDINANCE NO. ___ TO ADOPT AN AMENDMENT TO CHAPTER 17.46 (EQUESTRIAN OVERLAY (Q) DISTRICT) OF TITLE 17 OF THE CITY’S MUNICIPAL CODE.

TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM:DIRECTOR OF PLANNING, BUILDING AND CODE

ENFORCEMENT

DATE:JULY 17, 2001

SUBJECT:CODE AMENDMENT NO. 49 (CITYWIDE, CITY OF RANCHO PALOS VERDES)

Staff Coordinator:Kit Fox, aicp, Senior Planner

RECOMMENDATION

Conduct a public hearing and introduce Ordinance No. ___ to adopt an amendment to Chapter 17.46 (Equestrian Overlay (Q) District) of Title 17 of the City’s Municipal Code.

BACKGROUND

On May 15, 2001, the City Council directed Staff to prepare a code amendment to give the City Council the discretion to review large domestic animal nonconformity statements and determine the number of large domestic animals to be "grandfathered" in cases where the number of large domestic animals present on a property on February 1, 1997 is disputed or cannot be determined with certainty. Staff initiated Code Amendment No. 49 on June 8, 2001. On July 10, 2001, the Planning Commission reviewed Code Amendment No. 49 and forwarded it to City Council with minor revisions.

DISCUSSION

Code Amendment No. 49 is comprised of an amendment to Section 17.46.080 of the Rancho Palos Verdes Development Code (RPVDC). The specific amendment is described below. Please note that additional Code language is underlined and deletions are struck out in the attached draft Ordinance.

Subsection (F) is proposed to be added to Section 17.46.080. This new subsection would allow the City Council to determine the number of large domestic animals to be "grandfathered" if the number of large domestic animals that were kept on the property as of February 1, 1997 cannot be determined accurately. In making a final determination, the City Council would be required to find that:

  • The number of animals approved does not exceed the maximum number of large domestic animals that could have been kept lawfully on the property as of February 1, 1997; and,

  • The size and shape of the property is adequate for the keeping of the number of large domestic animals that is approved.

On July 10, 2001 the Planning Commission reviewed the proposed code amendment language. The Planning Commission recommended approval of the language with the following revisions (additions underlined, deletions struck out):

  1. If the owner of the property for which a nonconformity statement was submitted in 1997, or any resident, filed a timely challenge to Staff's determination of the number of large domestic animals that were kept on the property as of February 1, 1997, based on the challenger’s property owner's statement that the number of large domestic animals that were kept on the property fluctuated in 1997 such that the number of large domestic animals that were kept on the property as of that time cannot be determined accurately, the City Council may approve up to the maximum number of large domestic animals that the property owner testifies were kept on the property, provided that:

1.The number that is approved does not exceed the maximum number of large domestic animals that could have been kept lawfully on the property as of February 1, 1997; and,

2.The City Council finds that the size of the property is adequate for the keeping of the number of large domestic animals that is approved.

ADDITIONAL INFORMATION

On June 27, 2001, public notices were mailed to forty-one interested parties, including representatives of the known, active homeowners’ associations located within the City’s four Equestrian Overlay (‘Q’) districts. The subject of this code amendment is potentially applicable citywide and would require direct notification of more than one thousand property owners. Therefore, pursuant to Section 65091(a)(3) of the California Government Code, a one-eighth page public notice of the July 10, 2001 public hearing was published in the Palos Verdes Peninsula News on June 30, 2001.

As of the date this report was completed, Staff had received the attached comments from Robert Maxwell and his attorney, Arnold Graham, and from Sunshine:

  • Messrs. Maxwell and Graham focus on the issue of commercial horse boarding. They object to any action by the City that would "grandfather" a condition or activity that was not legal under the old Development Code standards for horsekeeping.

  • Sunshine suggests that the number of animals to be "grandfathered" should be based upon the capacity of the existing horsekeeping facilities on February 1, 1997, not the number of animals present on that date.

CONCLUSION

Staff and the City Attorney prepared the initial draft of Code Amendment No. 49 to reflect the direction given by the City Council this May. The Planning Commission reviewed Code Amendment No. 49 and forwarded it to the City Council with minor revisions. Therefore, based upon this previous review and the additional information and analysis provided above, Staff recommends that the City Council introduce Ordinance No. ___ to adopt Code Amendment No. 49 for an amendment to Chapter 17.46 (Equestrian Overlay (Q) District) of Title 17 of the City’s Municipal Code.

FISCAL IMPACT

The proposed amendment to Chapter 17.46 (Equestrian Overlay (Q) District) will have no fiscal impact upon the City.

ALTERNATIVES

In addition to Staff’s recommendation, the following alternatives are available for the City Council’s consideration:

  1. Based upon City Council discussion and public testimony, the City Council may direct Staff to revise the draft Ordinance, and re-agendize the revised draft Ordinance for introduction and first reading on a future date certain.
  2. Based upon City Council discussion and public testimony, the City Council may provide additional direction to Staff, and remand the draft Ordinance back to the Staff and/or the Planning Commission for further review and refinement.
  3. The City Council may decide to take no action on the draft Ordinance, thereby disapproving Code Amendment No. 49.

Respectfully submitted:

Joel Rojas, aicp, Director of Planning, Building and Code Enforcement

Reviewed:

Les Evans, City Manager

Attachments:

Draft Ordinance No. ___

Public comments

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING AN AMENDMENT TO CHAPTER 17.46 (EQUESTRIAN OVERLAY (Q) DISTRICT) OF TITLE 17 OF THE CITY’S MUNICIPAL CODE

WHEREAS, on May 1, 2001, the City Council of the City of Rancho Palos Verdes directed Staff to prepare a code amendment to give the City Council the discretion to review large domestic animal nonconformity statements and determine the number of large domestic animals to be "grandfathered" in cases where the number of large domestic animals present on a property on February 1, 1997 is disputed or cannot be determined with certainty; and,

WHEREAS, on June 8, 2001, Staff initiated Code Amendment No. 49 in order to implement the City Council’s direction; and,

WHEREAS, after notice given pursuant to the Rancho Palos Verdes Municipal Code, the Planning Commission held a public hearing on July 10, 2001 to consider Code Amendment No. 49, at which time all interested parties were given an opportunity to be heard and present evidence regarding all said amendments; and,

WHEREAS, the Planning Commission reviewed the language of Code Amendment No. 49, heard public testimony and forwarded Code Amendment No. 49 to the City Council with a recommendation of approval; and,

WHEREAS, after notice given pursuant to the Rancho Palos Verdes Municipal Code, the City Council held a public hearing on July 17, 2001 and ________, 2001 to consider Code Amendment No. 49, at which time all interested parties were given an opportunity to be heard and present evidence regarding all said amendments.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS:

Section 1:The City Council has reviewed and considered the amendment to Chapter 17.46 of Title 17 of the Municipal Code.

Section 2:The City Council finds that the amendment to Title 17 of the Municipal Code is consistent with California Government Code Section 65853, Zoning Amendment Procedures.

Section 3:The City Council finds that the amendment to Title 17 is consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that it upholds, and does not hinder, the goals and policies of those plans, in particular to balance the rights of property owners whose horsekeeping activities and/or facilities were rendered nonconforming by the adoption of revised Development Code standards in 1997 with the potential impacts of these activities and/or facilities upon the owners and residents of adjacent properties and the City as a whole.

Section 4:The City Council finds that the amendment to Title 17 is substantially the same as previous provisions of the Rancho Palos Verdes Municipal Code or any other ordinance repealed, amended or superseded upon the enactment of this Ordinance and that the amendment to Title 17 shall be construed as a restatement and continuation of the previous provisions and not as new enactments.

Section 5:The City Council further finds that there is no substantial evidence that the amendment to Title 17 would result in new significant environmental effects, or a substantial increase in the severity of effects, as previously identified in Environmental Assessment No. 694 and Negative Declaration, adopted through Resolution No. 97-25 in conjunction with Ordinance No. 320 for amendments to Titles 16 and 17 of the Municipal Code, since the number of large domestic animals permitted on a given property will not exceed number that could have been kept legally in 1997 and, in reviewing a given large domestic animal nonconformity statement, the City Council will ensure that the size of the property is adequate to accommodate the number of animals without adverse impacts to surrounding properties. An addendum to the prior Negative Declaration has been prepared and is attached hereto as Exhibit ‘A’. The City Council hereby finds, based on its own independent judgement, that the facts stated in the addendum are true because the minor revisions to the Municipal Code will strengthen the Code and lessen the potential for environmental impacts of future development in the City.

Section 6:The City Council further finds that the amendment to Title 17 is necessary to protect the public health, safety and general welfare in the area.

Section 7:For the foregoing reasons and based upon the information and findings included in the Staff reports and records of the proceedings, Section 17.46.080 of Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended as follows:

17.46.080Nonconformities.

Except as provided in this section, all existing buildings, structures, fences, enclosures and uses of land, including the number of animals allowed by this chapter, which do not conform to the provisions of this chapter, but were existing as legal conforming uses or structures on February 1, 1997, shall be considered legal nonconforming uses and/or structures for purposes of this chapter. The owner of a parcel or use which has been rendered nonconforming by the provisions of this chapter shall file a written nonconformity statement with the director in order to establish a record of the nonconforming use or structure. The written statement shall be filed with the director by October 3, 1997.

A.A written nonconformity statement shall include:

1.The ownership of the lot or parcel;

2.If the nonconformity involves the keeping of more than four large domestic animals on a vacant or developed lot or parcel, or on any combination of contiguous lots or parcels which are owned or under the control of the same individual(s), a statement identifying the owner of each animal kept on the subject property;

    1. The conditions for which the waiver is requested;
    2. Permission from the owner for a city representative to enter upon said lot or parcel to verify the nonconforming condition; and

5.Any additional information, as required by the director.

B.Upon submittal of the written nonconformity statement to the director, the director or his or her representative, shall verify the nonconforming condition through a site visit to the property. Upon verification of the nonconforming condition, the director shall keep on file a record of the nonconforming condition.

C.Except as provided below, the acceptance and verification of a written nonconformity statement by the director shall permit the nonconforming condition to continue in perpetuity:

1.The boarding of five to eight large domestic animals on a lot or parcel or on any combination of contiguous lots or parcels which are owned or under the control of the same individual(s), shall be permitted to continue until the lot(s) or parcel(s) is/are sold or transferred, or until February 1, 2007, whichever time period is longer. For purposes of this section, change of ownership shall not include inter-spousal transfers in cases of divorce, transfers of property to the transferor's children or inheritance by a spouse or child.

2.Nonconforming conditions involving the boarding of more than eight large domestic animals shall be discontinued within twelve months after the effective date of the ordinance codified in this title.

3.The provisions of subparagraphs (1) and (2) of this subsection C shall not apply to any lot or parcel or combination of contiguous lots or parcels which are owned or under the control of the same individual where the boarding of five or more large domestic animals was being conducted lawfully on July 1, 1975. In such cases, the acceptance and verification of the written nonconformity statement by the director shall permit the nonconforming condition to continue in perpetuity.

  1. The director shall cause each nonconformity statement which is issued to be recorded with the county recorder. The recorded document shall clearly describe the uses and/or structures that are allowed to continue on the property.
  2. If no written nonconformity statement has been submitted to the director pursuant to Section 17.46.080 of this chapter, or if the property owner does not allow the director or his/her representative to verify the nonconforming condition, it shall be presumed that the nonconforming condition was illegal at the time of adoption of this chapter.

  1. If the owner of the property for which a written nonconformity statement was submitted in 1997, or any resident, files a timely challenge to the director's determination of the number of large domestic animals that were kept on the property as of February 1, 1997, based on the challenger's statement that the number of large domestic animals that were kept on the property fluctuated in 1997 such that the number of large domestic animals that were kept on the property as of that time cannot be determined accurately, the City Council may approve up to the maximum number of large domestic animals that the property owner testifies were kept on the property, provided that:

    1. The number that is approved does not exceed the maximum number of large domestic animals that could have been kept lawfully on the property as of February 1, 1997; and,
    2. The City Council finds that the size and shape of the property is adequate for the keeping of the number of large domestic animals that is approved.

Section 8:The rights given by any approval granted under the terms of Title 17 of the Rancho Palos Verdes Municipal Code prior to the effective date of this Ordinance shall not be affected by the amendment to Title 17 by this Ordinance and shall continue in effect until they are modified, revoked, expire or are otherwise terminated according to the terms of the approval or the terms of Title 17 as they existing on the day before the effective date of this Ordinance.

Section 9:The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in the manner prescribed by law.

 

PASSED, APPROVED AND ADOPTED this __th day of ________ 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 Council of said City is five; that the foregoing Ordinance No. ___ passed first reading on July 17, 2001, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on __________, 2001, and that the same was passed and adopted by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

 

_________________________

CITY CLERK

 

EXHIBIT ‘A’ TO ORDINANCE NO. ___

ADDENDUM NO. 5 TO ENVIRONMENTAL ASSESSMENT/

NEGATIVE DECLARATION (EA/ND) NO. 694

_________, 2001

On April 1, 1997, the City Council adopted Resolution No. 97-25, thereby adopting a Negative Declaration for Environmental Assessment No. 694 for amendments to Titles 16 and 17 of the City's Municipal Code. Prior to its adoption, the Negative Declaration was circulated for public comment from March 4 through March 24, 1997 and no substantive comments were received from any persons or responsible agencies. In adopting the Negative Declaration, the City Council found: 1) that there would be no significant adverse environmental impacts resulting from the adoption of the amendments; 2) that many of the amendments were clarifications and minor non-substantive revisions; and 3) that the substantive amendments would reduce impacts on the environment since the requirements and regulations governing development in the City would generally be strengthened, thereby further reducing any adverse impacts to adjacent properties, and therefore, upon the environment.

The City Council is currently considering the adoption of an Ordinance that would approve an amendment to Section 17.46.080 (Nonconformities) of the City's Development Code. The proposed amendment would give the City Council the discretion to review large domestic animal nonconformity statements and determine the number of large domestic animals to be "grandfathered" in cases where the number of large domestic animals present on a property on February 1, 1997 is disputed or cannot be determined with certainty. As such, the City Council has determined that the proposed amendment would not result in new significant environmental effects but actually serve to reduce impacts upon the environment. Furthermore, the City Council believes that the amendment is within the scope of EA/ND No. 694 that was prepared and adopted in conjunction with the amendments to Titles 16 and 17 that were adopted on April 19, 1997 by the City Council. As a result, no further environmental review is necessary.

 


10.Abalone Cove Sewer Maintenance Fee. (Allison)

Recommendation: INTRODUCE ORDINANCE NO. ___AMENDING CHAPTER 13.06 OF THE RANCHO PALOS VERDES MUNICIPAL CODE ESTABLISHING SEWER MAINTENANCE FEES FOR THE ABALONE COVE SEWER SYSTEM.

TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM:DIRECTOR OF PUBLIC WORKS

DATE:JULY 17, 2001
SUBJECT:ABALONE COVE SEWER MAINTENANCE FEE

RECOMMENDATION

Introduce for first reading an ordinance amending the Rancho Palos Verdes Municipal Code by adding new Chapter 13.06 establishing sewer maintenance fees for the Abalone Cove Sewer System.

BACKGROUND

Construction funding for the Abalone Cove Sewer System was provided by the Landslide Settlement Agreement. Under the terms of that agreement, however, proceeds may not be used for maintenance purposes. Staff proposes that the maintenance of the Abalone Cove Sewer System be funded by sewer maintenance fees imposed on users of the system.

To establish the proposed sewer fees, the City must hold a public hearing and adopt an ordinance accordance with the provisions of Proposition 218 and sections 5471 et seq. of the Health and Safety Code. After closing the public hearing, if the City Council decides to proceed with establishing the proposed sewer fees, the ordinance will be introduced for a first reading this evening. The second reading of the ordinance is scheduled for August 7, 2001.

An engineer’s report was prepared to determine the fee amounts. That report estimated operating costs and the corresponding fee for each property. That report was presented to the City Council on May 23, 2001. At that meeting, the City Council authorized staff to send out notices of fees to property owners, and notification of this public hearing. On June 20, 2001 and July 11, 2001 workshops were held with property owners to discuss the proposed fees.

DISCUSSION

The California Constitution, as modified by Proposition 218 requires that:

  • The per parcel fee may only be imposed for service that is actually used by or immediately available to the owner of property
  • The amount of fee shall not exceed the proportional cost of the service attributable to the parcel
  • Revenues derived from fees shall not exceed the amount funds required to provide the property-related service
  • Revenues derived from the fee shall not be used for any purpose other than that for which the fee is imposed

The Abalone Cove Sewer System is comprised of three types of subsystems: (i) a gravity subsystem; (ii) a force main subsystem; and (iii) a low-pressure subsystem. Sewer service to each parcel connected to the system is provided through one or more of these subsystems. Each subsystem requires different levels of operation and maintenance and, therefore, has different maintenance costs associated with it. The engineering study determined the annual maintenance cost of each subsystem is as follows:

Maintenance:

Gravity / PV Drive South Pump Station

$ 9,400

Neighborhood Pump Stations

$ 22,700

Low Pressure system, including grinder pumps

$ 2,800

Administration

$ 5,700

Total Annual Budget

$ 40,600

The study also identified several categories of properties, or zones, based upon the sewer system configuration serving those properties:

Zone

Type of lateral

Type of mainline

In Street Pumps

A

Gravity

Gravity

PVDS South Only

 

B

Gravity

Gravity / Force main

PVDS South and a neighborhood in-street pump facility

C

Low Pressure

Gravity / Low Pressure

PVDS South only

 

D

Low Pressure

Gravity / Force main / Low pressure system

PVDS South and a neighborhood in-street pump facility

Based on costs to maintain the pipelines, and pump stations, and grinder pumps, as well as the number of properties in each zone, the annual sewer fees by zone for a residential unit are as follows:

Zone

Annual Fee Per Residential Dwelling Unit

A

$ 121.21

B

$ 487.34

C

$ 165.95

D

$ 532.08

The calculated fees for Zones B and D are significantly greater than the fee amount estimated by staff in discussions with property owners in the design phase of the project. In those discussions, staff estimated that the annual cost for sewer maintenance would be approximately $ 200 per year, comprised of a Sanitation District fee of $75 per year, and a City fee of $125 per year. Those discussions were held at the time that only a grinder pump system was being contemplated and were in-fact accurate for a grinder pump system

In this same timeframe, however, a consensus of property owners requested that the City revise the project design to construct a system, which provided gravity connections to the greatest number of properties. The City agreed to the request and redesigned the system. Given the topography of the Portuguese Bend community, the new design required that in-street pump stations be added. The principal reason for the high costs of maintenance in Zones B and D is the cost to maintain these in-street pump stations, which require weekly inspections. This high cost of inspection and maintenance, together with the limited number of parcels over which cost are spread results in the high per-parcel cost for maintenance.

In an effort to bring more uniformity to the annual maintenance fees, staff proposes that the City subsidize sewer maintenance, and principally for Zones B and D. Staff proposes that the City subsidize maintenance costs a total of $19,125. This reduces the annual fees per residential unit to the following:

Zone

Annual Fee

W/o City Contribution

City Subsidy

Annual Fee

W/ City Contribution

A

$ 121.21

$ 0

$ 121.21

B

$ 487.34

$ 274.60

$ 212.74

C

$ 165.95

$ 33.55

$ 132.40

D

$ 532.08

$ 308.15

$ 223.93

The proposed fees will be in effect for one year and will escalate annually based upon the Consumer Price Index.

The City Subsidy will be reviewed each year when the City’s Budget is adopted and may be discontinued, reduced, or otherwise altered as the City Council deems appropriate.

CONCLUSION

Adopting the staff recommendation will introduce an ordinance establishing sewer fees for users of the Abalone Cove Sewer System.

ALTERNATIVE ACTION

Do not adopt the ordinance and fund the maintenance of the sewer system out of the City’s General Fund.

FISCAL IMPACT

Adopting the staff recommendation will result in the expenditure of $19,125 for FY 2001 – 02 toward the cost to maintain the Abalone Cove Sewer Project. The funding source is the General Fund.

Submitted by,

Dean E. Allison, Director of Public Works

Reviewed by,

Les Evans, City Manager

Attachments:

Engineer’s report by Harris and Associates.

List of property owners notified


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.)


REGULAR BUSINESS

 


11.Guidelines for Residential Undergrounding Districts. (Allison)

Recommendation: Adopt the proposed guidelines to establish a Residential Underground Program.

TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM:DIRECTOR OF PUBLIC WORKS

DATE:JULY 17, 2001

SUBJECT:GUIDELINES FOR RESIDENTIAL UNDERGROUNDING DISTRICTS

RECOMMENDATION

Adopt the attached guidelines, which establishes a Residential Underground Program.

BACKGROUND

On May 15, 2001 staff presented to the City Council a draft residential undergrounding program to assist property owners to underground overhead utility lines in their neighborhood. This report presents the revised program, which now includes those changes requested by the City Council.

DISCUSSIONS

Few improvements enhance the appearance of a residential neighborhood as much as removing overhead wires and utility poles. The General Plan recognizes this when it states that "overhead wires are an unsightly vestige of a necessary infrastructure component, and cause considerable disturbance to views". Current city standards require utility lines to be constructed underground. However many of our older residential neighborhoods still have overhead utility lines. Staff has received a number of requests from residents as to how they can go about undergrounding their utility lines. In response to these requests the City Council directed staff to prepare user-friendly guidelines to assist property owners with the undergrounding process.

Under the proposed guidelines, property owners are responsible for the cost of undergrounding utility lines in residential neighborhoods. The City acts as a facilitator in the process to assure that the property owners and utility companies work together. Under the proposed guidelines the City will provide seed money to fund the engineer costs of the district. In addition the funding mechanism for undergrounding projects is generally an assessment district, and the city acts as the district engineer when the assessment district is formed.

The draft guidelines give much detail on the undergrounding process; however, a simplified version of the process is as follows:

  1. Property owners propose a project that has widespread neighborhood support.
  2. A petition is circulated to determine neighborhood interest.
  3. The City Council decides if seed money will be advanced to allow the design engineering to proceed.
  4. Utility companies design the improvements and prepare cost estimates.
  5. After total project costs are known a second petition is circulated to determine if the project still has widespread community support.
  6. The City Council decides if seed money will be advanced to fund the assessment district engineering.
  7. Assessment District report is prepared to determine the benefit and cost for each property.
  8. Ballots are mailed to all property owners impacted by the district formation.
  9. City Council reviews ballots and decides if an assessment district is formed.
  10. Note: Ballots are weighted by assessment amount. Under California Law if there is a majority of ballots in favor of the project, the City Council may choose to establish the district.

  11. District is formed, liens are established, bonds are issued and the construction takes place.
  12. City is paid back its seed money.
  13. Property owners pay assessments over a 20-year period.

Based on input provided by the City Council at the May 15, 2001 meeting, the guidelines have been revised as follows:

  • The proposed guidelines require that 65% of impacted property owners sign the petition before the City Council will consider if seed money will be advanced to allow the design engineering to proceed.
  • The proposed guidelines require that each property owner signing the petition must submit a check in the amount of $100. These funds will be deposited in a trust deposit and will be used to help fund the design engineering.
  • The proposed guidelines now include additional information on how low income property owners can petition the state to defer payment of assessment.
  • In addition the recently adopted FY 2001 – 02 budget includes $20,000 for the administration of this program. Costs for design engineering and assessment district engineering will be funded on a project-by-project basis at the time the project is brought before the City Council.

CONCLUSIONS

Adopting the staff recommendation will establish a residential undergrounding program. The program will assist property owners who wish to fund the undergrounding of utility lines in their neighborhood.

FISCAL IMPACT

The estimated administrative cost of this program has been included in the adopted FY 2001 – 02 budget. The funding source is the General Fund.

Submitted by,
Dean E. Allison, Director of Public Works

Reviewed by,
Les Evans, City Manager

Attachments:
Proposed Guidelines
Letter from Mr. Julian Foley


12.Comment Letter on Draft EIR/EIS for the Proposed Master Plan Improvements at Los Angeles International Airport. (Evans)

Recommendation: Approve the South Bay Cities Council of Governments’ Comment Letter on the Draft EIR/EIS for the Proposed Master Plan Improvements at Los Angeles International Airport and the attached cover letter and authorize the Mayor to sign the cover letter on behalf of the City Council.

TO:HONORABLE MAYOR AND COUNCILMEMBERS

FROM:CITY MANAGER

DATE:JULY 17, 2001

SUBJECT:COMMENT LETTER ON DRAFT EIR/EIS FOR THE PROPOSED MASTER PLAN IMPROVEMENTS AT LOS

RECOMMENDATION:

Approve the South Bay Cities Council of Governments Comment Letter on the Draft EIR/EIS for the Proposed Master Plan Improvements at Los Angeles International Airport and the attached cover letter and authorize the Mayor to sign the cover letter on behalf of the City Council.

BACKGROUND:

The South Bay Cities Council of Governments (SBCCOG) contracted with Chevalier, Allen & Lichman to prepare a comment letter on the Draft EIR/EIS prepared by the FAA and the City of Los Angeles for the proposed Master Plan Improvements for the Los Angeles International Airport. Chevalier, Allen & Lichman are also under contract to the Cities of Rancho Palos Verdes, Redondo Beach and Hermosa Beach for the purpose of making a factual investigation on the causes for airspace intrusions over the South Bay area and legal research on possible remedies.

Barbara Lichman, the SBCCOG LAX Master Plan EIR consultant, has completed the comment letter for the Council of Governments and a copy of that letter has been provided to all member agencies. The deadline to submit comments on the EIR/EIS is July 25, 2001. Ms. Lichman has pointed out that unless we make comments on the document, we will not have standing to sue in the future under NEPA. She suggests that in order to keep our options open, we send in comments - even if we simply attach a cover letter to the SBCCOG comments stating our concurrence.

DISCUSSION:

The SBCCOG comment letter was reviewed by the COG Steering Committee on July 5, 2001. A few suggestions were made for modifications and additions.

  • It was agreed that a reference to the safety issues surrounding the extension of the Green Line would be added. In 1994 the Los Angeles TIMES reported that airport and Federal Aviation Administration officials had warned that the Green Line's path near runways could distract pilots with its lights, befuddle radar with electromagnetic emissions and stand in the way of low-flying aircraft in emergencies. Another report found that construction of an airport metro station would cause major utility conflicts, disrupt air service during construction and potentially disturb two underground "contamination" areas.
  • Also, the Steering Committee agreed that the first paragraph of the "draft" comment letter should be re-written to respond to the order of the documents and highlight headings.

These changes were to be made immediately by Ms. Lichman and the resulting letter provided to the SBCCOG cities for whatever use they wished to make of it; including rewriting it to tailor it to their needs or submitting the letter in it’s entirety. At the time the City Council agenda material was finalized the revised comment letter from Ms. Lichman had not yet been received. The attached letter is the Draft considered by the SBCCOG on July 5, 2001.

Respectfully submitted,
Les Evans, City Manager

Attachments: SBCCOG Comment Letter
Proposed Cover Letter


July 18, 2001

Mr. Jim Ritchie
City of Los Angeles
Los Angeles World Airports
LAX Master Plan/Room 218
P.O. Box 92216
Los Angeles, California 90009-2216

Dear Mr. Ritchie:

At our regularly scheduled meeting of July 17, 2001 the Rancho Palos Verdes City Council discussed the LAX Master Plan Draft Environmental Impact Statement/Environmental Impact Report (Draft EIS/EIR) and the comment letter prepared for the South Bay Cities Council of Governments by a team of consultants. Our review of these documents led to a recommendation by the City Council that Los Angeles World Airports deem the document inadequate for certification because it fails to comply with the requirements of both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA).

The South Bay Cities Council of Governments’ comments that are attached identify extensive omissions and deficiencies with the Draft EIS/EIR and reflect the feelings of the Rancho Palos Verdes City Council. In addition, we are concerned that the document omits an alternative of a fully regional solution that more effectively utilizes other commercially viable airports in Southern California to address the anticipated growth in regional air passenger and air cargo demand.

We look forward to your response to our comments.

Sincerely,

Marilyn Lyon
Mayor

Attachment

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.


 

REDEVELOPMENT AGENCY
AGENDA
REGULAR ADJOURNED MEETING
JULY 17, 2001
FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD


 

CALL TO ORDERNEXT RESOL. NO. RDA 2001-09

APPROVAL OF AGENDA:

APPROVAL OF CONSENT CALENDAR:

 


A.Minutes of July 3, 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

JULY 3, 2001

The meeting was called to order at 9:12 P.M. by Chair Lyon at Fred Hesse Community Park, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file.

PRESENT:Gardiner, 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 Finance Dennis McLean; Director of Public Works Dean Allison; Agency Secretary Jo Purcell; 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 Stern moved, seconded by Member Ferraro, to approve the Consent Calendar as follows:

Minutes (301)

Approved the Minutes of June 5, 2001.

Redevelopment Agency Investment Policy-Fiscal Year 2001-2002

Adopted the Fiscal Year 2001-2002 investment policy for the Rancho Palos Verdes Redevelopment Agency.

Loan Agreement Between the City and the RDA

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

April 2001 Treasurer’s Report

Removed from Consent Calendar will be brought back at a later date. Attachment was missing.

Resol. No. RDA 2001-07 - Register of Demands (602 x 1900)

ADOPTED RESOLUTION NO. RDA 2001-07, 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:Ferraro, Gardiner, McTaggart, Stern, and Chair Lyon

NOES:None

REGULAR BUSINESS:

Authorization of Expenditure for Student Intern for GPS.

Authorized 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.

PUBLIC COMMENTS:

Lois Larue, 3136 Barkentine Road, made reference to the agenda and the register amounts designated for the RDA from the City.

ADJOURNMENT:

The meeting was adjourned at 9:14 P.M. on the motion of Member Ferraro.

 

_______________________

Chair

Attest:

________________________

Agency Secretary


B.April and May 2001 Treasurer’s Reports. (McLean)

Recommendation: Receive and File.

TO:HONORABLE CHAIRMAN AND MEMBERS OF THE BOARD

FROM:FINANCE DIRECTOR/AGENCY TREASURER

DATE:JULY 17, 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

TO:HONORABLE CHAIRMAN AND MEMBERS OF THE BOARD

FROM:FINANCE DIRECTOR/AGENCY TREASURER

DATE:JULY 17, 2001

SUBJECT:MAY 2001 TREASURER’S REPORT

RECOMMENDATION:

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

ANALYSIS:

The cash balances of the Redevelopment Agency decreased by approximately $400,000 during the month, ending with an overall balance of $4,190,320 at May 31, 2001. 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


 

PUBLIC COMMENTS: This section of the agenda is for audience comments on items NOT on the agenda: each speaker is limited to three minutes.

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