Rancho Palos Verdes City Council
   

TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS

FROM: SENIOR ADMINISTRATIVE ANALYST

DATE: AUGUST 6, 2002

SUBJECT: ADDITIONAL FUNDS FOR AIRCRAFT NOISE LEGAL FEES

 

RECOMMENDATION

Consider allocating $24,000 from the General Fund Reserve to the City Attorney budget for legal services associated with the tri-city lawsuit determination against the Federal Aviation Administration.

BACKGROUND

On July 5, 2000, the City Council unanimously authorized the expenditure of funds for Richards, Watson and Gershon and Chevalier, Allen & Lichman to perform an investigation of relevant documents to determine whether there is a viable claim against the FAA on behalf of Rancho Palos Verdes, Redondo Beach and Hermosa Beach. In addition the Council approved the purchase of radar equipment to monitor the flight of aircraft over the beach cities and the Peninsula (Resolution 2000-62). The Council directed staff to develop agreements that would distribute the cost of legal services and equipment purchase equally among the three agencies.

On November 7, 2001 the City Council authorized $22,000 for continuing legal fees.

DISCUSSION

To-date the City has spent over $65,000 in legal fees to determine whether a viable claim exists against the FAA for negative impacts due to aircraft arrivals and departures from Los Angeles International Airport. Due to the variable nature and complexity of the investigation, the legal firms have not yet completed its investigative work and cannot for certain estimate the extent of future legal research.

Should all three cities agree to continue the investigative work, staff estimates Rancho Palos Verdes’ share of the legal cost to be approximately $24,000 during fiscal year 2002-2003.

FISCAL IMPACT

Staff is proposing an appropriation of $24,000 to be transferred from the General Fund Reserve to the City Attorney’s Budget. The General Fund Reserve Balance is estimated to be $6,777,303 after the $24,000 deduction.

RESPECTFULLY SUBMITTED

Gina Park
Sr. Administrative Analyst

REVIEWED BY

Les Evans
City Manager

Attachment: Resolution


RESOLUTION NO. 2002-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF RANCHO PALOS VERDES APPROPRIATING $24,000 FROM THE

GENERAL FUND RESERVE FOR A JOINT-LAWSUIT AGAINST

THE FEDERAL AVIATION ADMINISTRATION

 

WHEREAS, the citizens of the City of Rancho Palos Verdes are concerned that apparent recent changes in air traffic departures from the Los Angeles International Airport have had and are having adverse effects upon the community;

WHEREAS, on July 5, 2000, the City Council unanimously authorized the expenditure of funds for comprehensive factual and legal investigation to determine the merits of potential litigation against the Federal Aviation Administration;

WHEREAS, the City Councils of the City of Hermosa Beach and the City of Redondo Beach have given their approval of jointly sharing the legal costs with the City;

WHEREAS, on November 7, 2001 the City Council authorized $22,000 for continued factual and legal investigation;

WHEREAS, the variable nature and complexity of the investigation necessitates further research before a legal recommendation is made;

WHEREAS, the City of Rancho Palos Verdes has determined that the above-described items are in furtherance of the interests of City of Rancho Palos Verdes.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Rancho Palos Verdes hereby authorizes the appropriation of $24,000 from the General Fund Reserve.

PASSED, APPROVED AND ADOPTED this 6th day of August 2002.

 

__________________________
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 above Resolution No. 2002- was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on August 6, 2002.