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RDA MINS 19880615 ADJ M I N U T E S RANCHO PALOS VERDES REDEVELOPMENT AGENCY ADJOURNED REGULAR MEETING JUNE 15 , 1988 The Agency Chairwoman called the meeting to order at the Ladera Linda Community Center, 32201 Forrestal Drive, notice having been given with affidavit thereto on file. PRESENT: MEMBER HUGHES, McTAGGART AND CHAIRWOMAN BACHARACH ABSENT: MEMBERS HINCHLIFFE AND RYAN Also present were Executive Director Dennis McDuffie, Public Works Director George Wentz , Agency Secretary Jo Purcell , Agency Attorney Steve Dorsey, and Environmental Services Director Robert Benard. Representing the panel of experts were Dr. Perry Ehlig, Dr. John Mann and Dr. James H. Slosson. Also present was the Administrator of the Technical Panel Jon Taylor. Chairwoman Bacharach also introduced the Board members from ACLAD who were in the audience. OVERVIEW OF HORAN Chairwoman Bacharach stated SETTLEMENT ( 1801 )x( 303 ) the reasons for holding this meeting were to explain the Horan settlement, give the community some idea of where the project would now be going, and explain that the community will be kept informed throughout the process. City Attorney Steve Dorsey presented an overview of the Horan settlement agreement and said that an Improvement District will be formed by the County. The District will then issue ten million dollars in bonds and they will be used for the construction of the improvement projects within the District. One million dollars of the bond proceeds will be set aside to provide a permanent source of revenue for maintaining the improvements. He further explained that the Redevelopment Agency will be constructing the improvements and that there will be a contract between the Agency and the County to administer the funds generated from the sale of the bonds. A part of the settlement requires that a panel of experts be formed to review each of the proposed improvement projects. Mr. Dorsey also noted that one of terms terms of the agreement was to give title of the Abalone Cove Beach to the Redevelopment Agency. Representing the County of Los Angeles was Mike Nagao who summarized the County' s part in this agreement and explained how they will form the Assessment District: formation will take approximately twelve months and an Environmental Impact Report will be prepared. The District will require approval of the Board of Supervisors, and before its formation, a public hearing will be held in the City so public testimony can be heard. DISCUSSION OF CURRENT Dr. James Slosson, with the use SITUATION AND RECOMMENDATIONS of an overview graph, BY THE PANEL ( 1801 ) summarized each one of the improvement projects recommended by the panel of experts to improve the drainage conditions of the Landslide area. Those projects were as follows: ( 1 ) Maintaining the existing dewatering system. ( 2 ) Adding 8 wells and monitoring the slope indicators. ( 3 ) Installing a domestic sewer system. ( 4) Improving the system of drainage for individual lots and the area. ( 5) Filling and sealing existing depressions and fissures, and ( 6 ) Building a toe berm. Referring to the repair of the toe berm, the Chairwoman reported that efforts are now being made to receive funding from the ports of Long Beach and Los Angeles for the biological resources that have been destroyed by the landslide in the Portuguese Bend area. She also explained that, since payment on the bonds will commence in ten years, the Agency is making provisions now to set aside funds for the payment of those bonds. The meeting then opened up for questions from the audience. Representing Enrica Stuart, 80 Narcissa Drive, was Sherry Passmore, Temple City, who said she was a land use consultant. Ms. Passmore questioned the Redevelopment Agency' s use of the tax increment, inquired about where the funds were coming to pay for the panel of experts, questioned what the protest procedure would be for the formation of the District, and questioned the kinds of bonds that would be issued by the County. She inquired if gas tax funds could be used to improve the drainage system. Additionally she expressed concern about the building activity and the possible increase that might cause in drainage problems. Alluding to a similar case in Monterey Hills she questioned what would happen if the Agency was not able to pay its bills. It was her opinion that the cost of these repairs should be borne by the entire City and not just by the residents of the area. -2- RDA JUNE 15 , 1988 Responding to these inquiries , the Agency Attorney said that the bonds were being issued under the provisions of the 1911 Assessment Act, with public hearings included as part of that act, that the panel will essentially be a commission, as part of the Agency. Additionally the Agency' s conflict of interest code will be amended to include this technical panel . It was also his opinion that the City would not become libel for payment of these bonds and that the State statute protected the City in such an event. Staff indicated that the gas tax funds were generally used for maintenance projects as opposed to capital improvement projects and that these funds are insufficient to meet maintenance needs . The Agency Attorney stated that the Redevelopment Agency could not condemn property to consolidate and sell off to developers . The next person to speak was Kathy Snell , who questioned the diversion of drainage from the Crest and Crenshaw project, the additional five million dollar lien imposed upon the Portuguese Bend Landslide, questioned what would happen in the event of another landslide and if property owners left the area then who would be responsible for paying the lien. She also questioned whether Kelvin Canyon was going to be paved. Responding to these inquiries it was the consensus that the diversion of the Crest and Crenshaw project was one of the basis for the Plaintiffs ' law suit, that the issue of the five million dollar lien for the Portuguese Bend Land- slide area was not imposed upon the Abalone Cove property and that in the event of nonpayment of the bonds the County could foreclose on the lien and take possession of the property. It was reported that there was no discussion of paving Kelvin Canyon. Richard Heller, 9 Fruit Tree, questioned the provisions that would be made in the event of a power outage. Staff reported that alternative sewer systems are being considered for such an event . Andrew Sargent, 19 Narcissa Dr. , requested clarification of the settlement, and whether the work to be done by the I/ Agency could be contracted with ACLAD. It was the City Attorney' s opinion that under the present agreement the work could not be contracted and that such an arrangement would probably have to be agreed to by all of the fifty Plaintiffs, the County, the Agency, and the Board of ACLAD. Jack Downhill, #20 Vanderlip Dr. , questioned the adoption of the ACLAD assessment formula and inquired about how it could be revised. The City Attorney responded that both the County and the Plaintiffs decided to use the existing formula and -3- RDA JUNE 15 , 1988 consequently that was the one contained in the settlement agreement. He also indicated that there will be public hearings on the formation of the District and that would be the best time to question the assessment formula. Richard Bara, 1 Pepper Tree Dr. , inquired about whether the tax base had a cost of living adjustment and also whether the Redevelopment Agency was considering the experimental sewer system which he had proposed for his home . The staff indicated that such an adjustment was built into the tax formula. With regard to the sewer system, it was felt that his system would be addressed with the other improvements in the area and not treated uniquely. Enrica Stuart, then inquired about the process whereby the residents were notified of this agreement . Betty Fields, 10 Pomegranate Lane, thanked the Agency members for the meeting. ADJOURNMENT AT 9 : 26 the meeting adjourned on motion of Member Hughes and carried. 0 .,' k : Atli ‘ * _., 4. ' CHAIRWOMAN ATTEST: r eilittd-e GENCY SECRETARY II -4- RDA JUNE 15 , 1988 MIN28