TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
DATE: AUGUST 6, 2002
SUBJECT: ADDITIONAL FUNDS FOR AIRCRAFT NOISE
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.
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
On November 7, 2001 the City Council authorized $22,000
for continuing legal fees.
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.
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.
Sr. Administrative Analyst
RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COUNCIL OF THE
OF RANCHO PALOS VERDES APPROPRIATING $24,000
GENERAL FUND RESERVE FOR A JOINT-LAWSUIT
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.
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.