Rancho Palos Verdes City Council
   

TO:

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PUBLIC WORKS

DATE: OCTOBER 21, 2003

SUBJECT: ESTABLISHING A FEE TO APPEAL A DECISION OF DIRECTOR OF PUBLIC WORKS DECISION A PERMIT FOR AN ABOVE GROUND FACILITY WITHIN THE PUBLIC RIGHT OF WAY PERMIT

RECOMMENDATION

Adopt Resolution of the City of Rancho Palos Verdes establishing a fee for the appeal of a decision by the Director of Public Works regarding a permit for an above ground facility within the public rights of way permit.

BACKGROUND

Earlier this evening the City Council adopted an ordinance that established procedures for the installation of aboveground utilities within the public right of way. The procedure includes a process by which an appeal can be made a decision by the Director of Public Works to issue or deny an application. The attached ordinance establishes a fee for that appeal process.

DISCUSSION

This Public Hearing is scheduled to set a fee for the city to recover its cost for activities related to an appeal.

Staff services and costs for an appeal:

Action

By whom:

Hours

Rate

Costs

Review application, prepare staff report

Senior Engineer,

6

$ 50

$ 300

Review application and approved staff report

Director of Public Works

3

$ 70

$ 210

Review application and staff report

City Attorney

2

$ 150

$ 300

Total

$810

The attached ordinance proposes a fee of $800. The cost of the appeal would be returned to the appellant if the City Council reverses the director’s decision. The adopted regulations allow for an appeal by a member of the City Council in which case there would be no fee.

CONCLUSION

Adopting the staff recommendations will adopt an ordinance to set a fee for the appeal of a decision of the Director of Public Works with respect to applications for above ground facilities within the public right of way. The amount set for the fee will simply allow the City to recover its expenses for the appeal process.

FISCAL IMPACT

Staff could identify no fiscal impacts.

Submitted by,

Dean E. Allison

Director of Public Works

Reviewed by,

Les Evans, City Manager

Attachments:

Resolution

RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING APPEAL FEES FOR DECISIONS OF THE DIRECTOR OF PUBLIC WORKS DENYING OR GRANTING APPLICATIONS FOR RIGHT-OF-WAY USE PERMITS

 

THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES RESOLVE AS FOLLOWS:

    1. Pursuant to Chapter 12.06 of Title 12 of the Rancho Palos Verdes Municipal Code and Ordinance No. ___, adopted concurrently herewith, the City established a comprehensive regulatory scheme to govern the installation of aboveground facilities in the public rights-of-way (the "Regulations").
    2. The Regulations establish procedures for the installation of aboveground utilities within the public-rights-of way and vest the Director of Public Works ("Director") with the authority to issue or deny an application for a right-of-way use permit to allow an aboveground facility within the public right-of-way. In addition, the Regulations establish a process by which the decision of the Director can be appealed to the City Council. Pursuant to its police powers, the City desires to establish and implement a fee to offset its costs to process such an appeal.
    3. The estimated staff services and costs to process an appeal of a decision by the Director are as follows:

    Action

    By whom:

    Hours

    Rate

    Costs

    Review application, prepare staff report

    Senior Engineer,

    6

    $ 50

    $ 300

    Review application and approved staff report

    Director of Public Works

    3

    $ 70

    $ 210

    Review application and staff report

    City Attorney

    2

    $ 150

    $ 300

    Total

    $810

  1. The establishment of appeal fees to be charged to appellants will offset the City’s costs to process the appeals and will not generate additional revenue to the City.
  2. The City Clerk caused notice of the public hearing on the adoption of the proposed new fees to be duly published in the Palos Verdes Peninsula News on October XX, 2003 and October XX, 2003.
  3. The City Council held a public hearing on the adoption of the proposed new fees on October 21, 2003. At the public hearing, the City Council heard and considered all testimony that was presented regarding the new proposed fees.

Section 1: Based on the foregoing, the City Council hereby establishes the fee to appeal decisions of the Director of Public Works rendered pursuant to Chapter 12.06 of the Rancho Palos Verdes Municipal at $800 per appeal. The City Council hereby directs the City Clerk to add this new fee to the table that sets forth the other fees that have been approved by the City Council.

Section 2: The City Clerk shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and her certification to be entered in the Book of Resolutions of the City Council of the City.

PASSED, APPROVED and ADOPTED this ____ day of October 2003.

 

 

_____________________________

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. 2003- XX was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on October 21, 2003.

______________________________

City Clerk