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20130716 Late CorrespondenceJANICE HAHN 44TH DISTRICT, CALIFORNIA COMMITTEES: TRANSPORTATION AND INFRASTRUCTURE SMALL BUSINESS PORTS CAUCUS FOUNDER AND Co-Cl·IAIR SOUTHERN CALIFORNIA REGIONAL WHIP GUN VIOLENCE PREVENTION TASK FORCE ctrongrrss of tbe Winitdl ~tates T!)ou%e of l\epresentatibe% wmta~bington, iIDQC: 20515-0544 The Honorable Jared Blumenfeld Regional Administrator U.S. Environmental Protection Agency 75 Hawthorne St. (OPA-3) San Francisco, CA 94105 Dear Administrator Blumenfeld, July 10, 2013 \f\18SH!tlGLQ1':L0£flCE: 404 CANNON HOUSE OFFICE BUILDING WASHINGTON, DC 20515 (202) 225-8220 FAX: (202) 226--7290 Q!SJBJCJ. OfFlcE: 140 W. 6rn SrnEET SAN Prn1w. CA 90731 (310) 831-1799 FAX: (310) 831--1885 HTIP:llHAHN.HOUSE.GOV As you are aware, I am deeply coricemed with the safety of members of my community who live, work, and send their children to school in the shadow of the Rancho LPG Facility in San Pedro. I greatly appreciated your taking the time to come to my district office last year to hear directly from community leaders who expressed t~eir continuing concern about the safety of the site. In March 2013, the EPA issued a "N_otification of Potential Enforcement Action for Violation of Section l 12(r) (7) of the Clean Air Act" to the Rancho Facility and Rancho was given until April 15, 2013 to respond. I was gratified to see the EPA pursuing the safety concerns of my constituents so forthrightly, and I want to thank you again for your vigilance. I understand that the EPA wants to schedule a meeting with Rancho LLP to address their response in ··August. The community is eager to see this matter resolved as quickly as possible, and so I write to request that the meeting be held this month. I continue to believe that the relocation of these tanks is the only permanent solution to the threat posed by the Rancho facility. Until we achieve that, however, I know the community would appreciate a repo1t as soon as possible about the steps EPA is taking to aggressively confront and correct any and all possible violations at the facility. Thank you for attention to this matter. If you have any questions, please call my District Director, Elise Swanson at (310) 831-1799. Sincerely, nice Hahn ember of Congress CC: Councilmember Joe Buscaino, Los Angeles City Council Mayor Susan Brooks, City of Rancho Palos Verdes of 2 Dial-a-Ride is a Public Safety Issue 1 message J.J.t.t.p>.>.t I U.J.U.IJ. .5vv51"' AA..IJ.J.11111U1.J.I UJ VI • UJ.-"'ui...J.n..-U-1V-1U, I .J._ '""-1\.A;.,. J.V "' -pt.vw'i •• I Jarel Wheaton <jwheat2007@gmail com> Jarel Wheaton <jwheat2007@gmail.com> Fri, Jul 12, 2013 at 3:21 PM To: cc@rpv.com Bee: Maryann Rimoin <mrimoin@verizon.net>, Ann Shaw <anndshaw@gmail.com>, Lindley R ddick <elruddick@cox.net>, Betty Wheaton <bwheat2007@gmail.com>, magla@ix.netcom.com, Kat y Edgerton <alnkathye@msn.com> I The cost for Dial-a-Ride was addressed in Mayor Brooks' Newsletter earlier this week and it i on the next City Council agenda (item 4). Thank you for making this item very visible and providi g the transparency while the City seeks solutions for what appears to be a reduction in the sup ort for the needs of our older residents. While the oral report and discussion on Tuesday only ha e a minor impact immediately, the comments in Susan's newsletter sound like an early warning of a potential longer term funding problem that needs to be addressed. My primary purpose is to highlight that Dial-a-Ride is much more than merely a fiscal issue. It is a public safety issue because all residents, both young and old, can become a victim in an auto accident caused by older drivers who may not be giving up their car keys as early as they should. Deputy Knox has talked about the dangers of older drivers not recognizing when they give up driving. An unintended consequence of addressing Dial-a-Ride from a cost perspective can be encouraging older drivers to continue driving longer than they really should. This places all of us at risk. I'll bet all of us know examples of older people who have either caused or nearly caused an accident. I'll also bet that none of us can think of any example where an older resident is eagerly waiting to qualify for the cheap rides made possible by the Dial-a-Ride subsidy. To the contrary. Often it takes many friends, relatives, and all too often a close call to convince an elderly driver to give up the car keys. The geography of the Peninsula and location to hospitals/doctors presents a real challenge to some of our older residents. While some may perceive anyone with a 90274 I 90275 to be "rich," please don't overlook the fact that some seniors may be very long-term residents who are "land-rich" (home equity) but still struggle with routine living expenses and medical costs. Any future consideration of the means testing mentioned in Susan's newsletter should recognize the difference between readily available cash and home equity. There is also an important perception issue to consider with modifications to senior services, especially as we approach another election. Many of our residents may not pay much attention to the funding sources, subsidies, and our tax base that prevents RPV from providing many of the services to seniors that are provided by some other local cities. While RPV has always been very supportive of Peninsula Seniors, some of our senior residents may be puzzled how we can be expanding Parks & Recreation activities for youth, dog park, and increasing senior staff with a full-time Parks & Rec Director while we consider cutting services to our senior residents due to funding. 7/16/13 7:57 Arv )f 2 -........... -... _ ..... _ ................ ._ ............ ->J......__ .. J ............ .__ ,.,. .... t'Ll•I r ,._..,........._,.,, •t::i...,.._,b_....., • ...,.._,AAJ.I AAA ..... J.I U.l VI • "'"'-1.--'--AA .... -U.JV.JtJ. I VAVV~ Y J.V YY -p"'--'1 •• RPV has been taking steps to improve services to our senior residents. Last year Susan helped launch a "PV Cares" series of discussions with the other Peninsula cities to focus on how to cost effectively provide senior services. I applaud that effort because it leverages the limited funding we have available to improve senior services. It would be great to hear an update at a City Council meeting on the status of this on-going effort and when it will be implemented. Key Point: Dial-a-Ride is a public safety issue because it makes the road safer for all residents, not just the elderly. Respectfully submitted, Jarel Wheaton 7/16/13 7:58 AM CrrvoF TO: FROM: DATE: SUBJECT: HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK JULY 16, 2013 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA** Attached ~re revisions/additions and/or amendments to the agenda material presented for tonight's meeting: Item No. D F 1 3 6 Respectfully submitted, Description of Material Email response from Interim Director of Public Works Jones to Mickey Rodich Copy of signed Purchase and Sale Agreement and Escrow Instructions Email exchanges between: Don Reeves and Director of Finance/IT Mclean; Mayor Brooks and Interim Director of Public Works Jones Email from April Sandell Email response from Senior Engineer Dragoo to Mayor Pro Tern Duhovic; Email response from Interim Director of Public Works Jones to Mickey Rodich 0,4~.&K_ Carla Morreale ** PLEASE NOTE: Materials attached after the color page(s) were submitted through Monday, July 15, 2013**. W:\AGENDA\2013 Additions Revisions to agendas\20130716 additions revisions to agenda.doc From: Sent: To: Les Jones Tuesday, July 16, 2013 5:21 PM mickeyrodich@gmail.com Cc: Subject: Anthony Misetich; Brian Campbell; Jim Knight; Jerry Duhovic; Susan Brooks; Carolyn Lehr FW: A) Ladera Linda Gas Line & B) San Ramon Canyon Change Orders Dear Mr. Rodich This is in response to your inquiries related to the repair of the gas line at Ladera Linda School and change orders at San Ramon: 1. Ladera Linda School ... Indeed, you are correct that this invoice was for the temporary repair of the gas line at Ladera Linda. As you probably know, there are some temporary uses at the facility and recreation staff is available at the location. The gas repair was done to provide gas service and thus alleviate the electrical demand whjch, in my opinion, posed a safety threat to the users and the facility. However, the repair only sought to address the known conditions of deterioration to the existing gas line. It did not provide a permanent replacement of the gas line ... an improvement that I would have recommended if this facility was home to a permanent Montessori School that hosted small children on a regular, ongoing basis. In addition, a more intensive use such as a Montessori school would also have required the City to address the inadequate sewer line from the facility and the water service to the facility. I understand that they also suffer the challenges of age and deterioration. Consequently, while this repair is holding at the present, I would recommend that the community consider making longer lasting improvements in this facility if, in fact, you wish to engage it for more intense use. 2. San Ramon Change Orders ... The other two change orders were for roadway striping and the installation of concrete slurry in the canyon due to differing site conditions. (The striping change was a zero dollar change and the value of the concrete slurry within the canyon is $22,868.00). Les Jones Interim Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Telephone: 310-544-5252 Fax: 310-544-5292 Email: lesj@rpv.com From: Mayor Susan Brooks [mailto:subrooks08@gmail.com] Sent: Tuesday, July 16, 2013 12:17 PM To: Mickey Rodich Cc: CC; Les Jones Subject: Re: A) Ladera Linda Gas Line & B) San Ramon canyon Change Orders Mickey, I'm requesting of Les Jones that he reply to your email and cc us .. These are Public Works issues. Thanks, Susan On Tue, Jul 16, 2013 at 12:03 PM, Mickey Rodich <mickeyrodich@gmail.com> wrote: 1 b. A) In the Staff report for tonight's meeting I noticed that included in the Consent Calendar under Item D, Register of Demands, on Page D-4 there is an entry # V 904 from Bob and Marc Plumbing. It describes it as LL, which I think means Ladera Linda. The expenditure is for $10,690 for the repair of gas lines. It was just a few years ago that Ladera Linda had a Montessori School as a tenant and at that time the City Council decided not to renew their lease, because the Staff estimated that it would cost over $100,000 to replace the gas line leading to the school, and that would not be economical. Would this repair job have solved the problem 2 years ago so that the City could have retained the Montessori School as a tenant, while receiving around $60,000 in annual lease payments from them? B) In the July 2nd Council meeting, Change Order #1 for San Ramon Canyon was discussed. Item #6, page 6- 1 in the Regular Business Section of tonight's meeting describes Change Order #4. What happened to Change Order #2 and #3? What were they for? Susan Brooks, Mayor Rancho Palos Verdes, CA 310) 541-2971 home 2 From: Sent: To: Subject: Mickey Radich <mickeyrodich@gmail.com> Tuesday, July 16, 2013 12:03 PM cc A) Ladera Linda Gas Line & B) San Ramon Canyon Change Orders A) In the Staff report for tonight's meeting I noticed that included in the Consent Calendar under Item D, Register of Demands, on Page D-4 there is an entry # V 904 from Bob and Marc Plumbing. It describes it as LL, which I think means Ladera Linda. The expenditure is for $10,690 for the repair of gas lines. It was just a few years ago that Ladera Linda had a Montessori School as a tenant and at that time the City Council decided not to renew their lease, because the Staff estimated that it would cost over $100,000 to replace the gas line leading to the school, and that would not be economical. Would this repair job have solved the problem 2 years ago so that the City could have retained the Montessori School as a tenant, while receiving around $60,000 in annual lease payments from them? B) In the July 2nd Council meeting, Change Order #1 for San Ramon Canyon was discussed. Item #6, page 6- 1 in the Regular Business Section of tonight's meeting describes Change Order #4. What happened to Change Order #2 and #3? What were they for? 1 PURCHASE AND SALE AGR.EEMENT AND ESCROW INSTRUCTIONS This PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (this "Agreement") is dated as of Tifu{5:-!!i , 2013 ("the Effective Date") and is entered into by and between JEFFERY J. RICH Sand SHERIE. RICHARDS, Trustees of the Richards Revocable Family Trust dated January 26, 1989 (collectively, "Seller") and the CITY OF RANCHO PALOS VERDES, a municipal corporation C'Buyer"). RECITAL Seller desires to sell to Buyer and Buyer, desires to purchase from Seller the underdeveloped land situated in the City of Rancho Palos Verdes, County of Los Angeles, State of California, described on Exhibit "A" attached hereto (the "Property"). NOW, THER.EFOR.E, in consideration of the terms and conditions of this Agreement and other valuable consideration, the sufficiency of which is hereby acknowledged, Buyer and Seller agree as follows: 1. Purchase and Sale. Seller agrees to sell Property to Buyer, and Buyer agrees to purchase the Property from Seller subject to and in accordance with the terms and conditions hereinafter set forth. 2. Opening and Closing of Escrow. The parties shall open an escrow ("Escrow") with First American Title Company ("Escrow Holder") at (5 First American Way, Santa Ana, California 92707, Escrow Officer: Brenna Ryan, Jr. (Phone: 714/250-5392; Email: bryan(@.firstam.com)], and shall deliver a copy of this fully executed Agreement to Escrow. The phrase ';Close of Escrow" shall mean the date that a grant deed for Property in favor of Buyer is recorded in the Official Records of the County of Los Angeles. The Close of Escrow sha11 occur on or before August 31, 2013 (the "Outside Closing Date"). 3. Purchase Price. The purchase price for the Property to be paid by Buyer is Eighteen Thousand Seven Hundred and No/100 Dollars ($18,700.00) (the "Purchase Price"). Seller hereby waives and releases, and agrees not to assign or assert, any claims against Buyer that Seller may have that relate directly or indirectly to the Property or the larger property owned by Seller of which the Property is a part, or the acts or omissions of Buyer in connection therewith (excluding express obligations of Buyer under the provisions of this Agreement) including, without limitation, any claims for damages based on inverse condemnation, any claims for relocation rights or benefits, and any claims for additional compensation. In connection with the claims released hereunder, Seller hereby waives and relinquishes all rights and benefits they may have under California Civil Code Section 1542, which provides as follows: R6876-000 I\ I .5757 I 6v3.doc F "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HA VE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR" &Bl? ;j(:l& Seller's Initials 4. Title and Title Insurance. Buyer's fee title to Property shall be insured at the Close of Escrow by an CLTA Standard Coverage Owner's Policy of Title Insurance in the amount of the Purchase Price at Buyer's cost, issued by First American Title Insurance Company ("Title Company") whose address· is 323 Court Street, San Bernardino, California 9240 l, Title Officer: Matt Hooks (Phone: (909) 380-8738; Email: mhooks@firstam.com) (the "Title Policy"). Buyer acknowledges receipt of a title report for the Property issued by Title Company and dated April 29, 2013 and copies of the title exception documents listed therein. Buyer hereby approves such report and title exceptions. Seller shall not encumber the Property from the Effective Date to the earlier of the Close of Escrow or the termination of this Agreement. 5. Due Diligence: Right of Entry. [INTENTIONALLY OMITTED] 6. Deposit of Documents and Fund's in Escrow. (a) Seller and Buyer, as applicable, hereby covenant and agree to deliver to Escrow Holder at least one (I) business day prior to Close of Escrow the following instruments, documents, and funds. (b) Seller shall deliver: (i) A Grant Deed in the form attached hereto as Exhibit "ff' duly executed and acknowledged by Seller; (ii) A Certification of Non-Foreign Status in accordance with Internal Revenue Code Section 1445 duly executed by Seller; and (iii) Such proof of Seller1s authority and authorization to enter into this transaction as the Title Company may reasonably require in order to issue the Title Policy. (c) Buyer shall deliver: (i) The Purchase Price, together with such funds as are required to pay for costs and expenses payable by Buyer hereunder; R6876·0001\I575716v3.doc (ii) A Certificate of Acceptance in the form attached to the form of Grant Deed, duly executed; (iii) A Preliminary Change of Ownership form; and (iv) Such proof of Buyer's authority and authorization to enter into this transaction as the Title Company may reasonably require in order to issue the Title Policy. 7. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and distribute the documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: (a) The Title Company is committed to issue in favor of Buyer the Title Policy, with a liability in the amount of the Purchase Price, showing fee title to the Property vested in Buyer, subject only to the Title Exceptions. (b) Seller and Buyer shall have deposited in Escrow the documents and funds required pursuant to Section 6. 8. Prorations; Charges. The second installment of property taxes and assessments for the 201212013 tax year shall not be prorated; Seller may apply for a refund from the County assessor/tax collector for the period after the Close of Escrow. Buyer shall pay: (i) the cost of the premium for the CL TA Title Policy, (ii) all costs and charges for the recordation of the Grant Deed, (iii) any documentary or other local transfer taxes on the transfer of the Property, (iv) the escrow fees and charges; (v) title endorsementsjfrequested by Buyer. If the Escrow shall fail to close for any reason other than Seller's default, Buyer shall pay any applicable Escrow and title cancellation charges. 9. Condemnation; Damage. If at any time prior to the Close of Escrow, the Property, or any portion thereof, is appropriated through eminent domain or similar proceedings, or is condemned for any public or quasi-public use, Buyer may terminate this Agreement. If Buyer terminates this Agreement, Seller shall be entitled to receive all condemnation proceeds actually paid for that portion of the property taken. If Buyer elects to maintain this Agreement in full force and effect, then upon Close of Escrow, Buyer shall be entitled to receive all condemnation proceeds actually paid for that portion of the Property taken (or, if such proceeds have been paid to Seller, Buyer shall receive a credit against the Purchase Price equal to the amount of proceeds actually paid to Seller). Buyer shall not be entitled to any reduction in the Purchase Price. 10. Default. In the event of a breach or default under this Agreement by either Seller or Buyer that is not cured within five ( 5) business days after written notice to the defaulting party, the non-defaulting party shall have the right to terminate this Agreement and the Escrow for the purchase and sale of the Property by delivering written notice thereof to the defaulting party and to Escrow Holder, and if Buyer is the non-defaulting party, Buyer shall thereupon promptly receive a refund of the Deposit. Such right of termination of the Escrow by the non- defaulting party shall be without prejudice to the non-defaulting party's rights and remedies R6876.()()0J\IS7S716v3.doc against the defaulting party at law or equity, and specifically the right to specific performance of this Agreement. 11. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by recognized national courier service or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery or (b) two (2) business days following deposit in the United States mail, postage prepaid, certified mail, return receipt requested or the following business day if sent by overnight courier. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: Buyer: Seller: Escrow Holder: City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Attn: City Manager Jeffery J. Richards and Sheri E. Richards, Trustees 2717 Colt Road Rancho Palos Verdes, CA 90275 See Section 2. 12. Broker's Commissions. Each party represents to the other that if the representing party did not engage a broker, salesperson or finder ("Broker") in connection with the transaction. Each party shall defend, indemnify and hold the other party harmless from and against any and all claims for any broker's commissions or similar compensation that may be payable to a Broker based on communications between the indemnifying party and any broker, salesperson or finder. The provisions of this Section shall survive the Close of Escrow. 13. Standard Escrow Instructions. Each party agrees to execute Escrow Holder's supplemental standard instructions if required by Escrow Holder in order to consummate the transactions contemplated by this Agreement, however, such instructions must be reasonable and must not materially conflict with this Agreement. 14. Time is of the Essence. The parties hereto agree that time is of the essence with respect to each term, condition and covenant hereof. 15. Successors and Assigns. The provisions of this Agreement are expressly binding upon, and shall inure to the benefit of, the parties hereto and their successors in interest and assigns. 16. Entire Agreement. This Agreement, together with all exhibits hereto, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. In particular, nothing contained herein R6876-0001\1S7S716v3.doc shall be deemed to require or obligate Buyer to grant or approve any application or permit to develop the larger property owned by Seller of which the Property is a part. 17. Severability. Invalidation of any of the terms, conditions, covenants, or other provisions contained herein by judgment or court order shall in no way affect any of the other terms, conditions, covenants, or provisions hereof, and the same shall remain in full force and effect. 18. Attorneys' Fees. In the event that suit is brought for the enforcement of this Agreement or as the result of any alleged breach thereof, the prevailing party or parties in such suit shall be entitled to recover their reasonable attorneys' fees, costs, and expenses from the losing party or parties, and any judgment or decree rendered in such proceedings shall include an award thereof. 19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of Seller and Buyer and no other parties are intended to be direct or incidental beneficiaries of this Agreement. 20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 21. Countemarts. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. For purposes of this Agreement, facsimile signatures shall be deemed to be original signatures, and shall be followed by the immediate overnight delivery of original signature pages. R6876-0001\l S7S716v3.doc IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. BUYER: CITY OF RANCHO PALOS VERDES By:, ____________ _ Attest: Susan Brooks, Mayor Carla Morreale, City Clerk APPROVED AS TO FORM: Carol W. Lynch of Richards, Watson & Gershon, City Attorney R6876-000l \l 575716v3.doc SELLER: -----1-~[/rHA~-+4~~~,L.-++-~r«S~ Je ry c s, rustee ds Revocable Family Trust dated January 26, 1989 dkt&!:Y:fA,s1& Sheri E. Richards, Trustee of the Richards Revocable Family Trust dated January 26, 1989 EXHIBIT "A" LEGAL DESCRIPTION OF THE LAND THAT PORTION OF LOT 8 OF TRACT NO. 20856, IN THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 636, PAGES 67 THROUGH 69, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 8; THENCE NORTH 80°02'41" EAST ALONG THE NORTHERLY LINE OF SAID LOT 8, A DISTANCE OF 35.01 FEET TO A LINE PARALLEL WITH AND 35.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE MOST WESTERLY LINE OF SAID LOT 8; THENCE SOUTH 11°02'12" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 524.26 FEET TO THE EASTERLY LINE OF SAID LOT 8; THENCE SOUTH 26°47'40" WEST ALONG SAID EASTERLY LINE, A DISTANCE OF 57.06 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 8; THENCE NORTH 11°02'12" WEST ALONG THE MOST WESTERLY LINE OF SAID LOT 8, A DISTANCE OF 570.00 FEET TO THE POINT OF BEGINNING. R6876-000l\IS7S716v3.doc R6876-000l\IS75716v3.doc EXIHBIT "B" FORM OF GRANT DEED (Attached.) RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO (AND MAIL TAX STATEMENTS TO): City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 APN: Portion of7561-039-002 [SPACE ABOVE FOR RECORDER'S USE ONLY] This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383 Exempt from Documentary Transfer Tax; conveyance to a public entity. GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JEFFERY J. RICHARDS and SHERIE. RICHARDS, Trustees of the Richards Revocable Family Trust dated January 26, 1989 (the "Orantor") hereby grants to the CITY OF RANCHO PALOS VERDES ("Grantee") the land in the City of Rancho Palos Verdes, County of Los Angeles, State of California, more particularly described on Exhibit A attached hereto and all improvements thereon (the "Property"). IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth below. Dated: JlA.~ / 6~013 R6876-000l\1575716v3.doc heri E. Richards, Trustee of e Richards Revocable Family Trust dated January 26, 1989 State of California County of Los Angeles ) ) On __________ _. before me, _____________ _ (insert name and tide of the officer) Notary Public, personally appeared-------------------' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. \Yfl'NESS my hand and official seal. State of California County of Los Angeles ) ) (Seal) On __________ _. before me,---.----------- (insert name and tide of the officer) Notary Public, personally appeared __________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s ), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature. _____________ _ (Seal) R6876-0001\1S7S716v3.doc EXHIBIT "A" TO GRANT DEED Le&al Description of the Land THAT PORTION OF LOT 8 OF TRACT NO. 20856, IN THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 636, PAGES 67 THROUGH 69, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 8; THENCE NORTH 80°02'41" EAST ALONG THE NORTHERLY LINE OF SAID LOT 8, A DISTANCE OF 35.01 FEET TO A LINE PARALLEL WITH AND 35.00 FEET· EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE MOST WESTERLY LINE OF SAID LOTS; THENCE SOUTH 11°02'12" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 524.26 FEET TO THE EASTERLY LINE OF SAID LOT 8; THENCE SOUTH 26°47'40" WEST ALONG SAID EASTERLY LINE, A DISTANCE OF 57.06 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 8; THENCE NORTH 11°02'12" WEST ALONG THE MOST WESTERLY LINE OF SAID LOT 8, A DISTANCE OF 570.00 FEET TO THE POINT OF BEGINNING. R6876-000l\IS7S716v3.doc: CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed by that certain Grant Deed dated in 2013, from JEFFEREY J. RICHARDS and SHERIE. RICHARDS, Trustees of the Richards Revocable Family Trust dated January 26, 1989, to the City of Rancho Palos Verdes, which is a political corporation, is hereby accepted by the undersigned officer on behalf of the City of Rancho Palos Verdes pursuant to the authority conferred by action of the City Council of the City of Rancho Palos Verdes on July 16, 2013, and the grantee consents to recordation thereof by its duly authorized officer. Dated: , 2013 ---- R6876-0001\1S7S7I6v3.dix: Print Name: Carolyn Lehr Title: City Manager EXHIBfl'MA• LEGAL DSSCRIPTION CITY OF RANCHO PALOS VERDES THAT PORJ'ION OF LOT B OF TRACT NO. 20858, IN THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGaES, STATE OF CALIFORNIA. AJJ SHOWN ON MAP RECORDED IN BOOK 038, PAGES ffl THROUGH 89. INCt.USIVE, OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AJJ FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 8; THENCE NORTtl 80°02'41" EAST ALONG THE NORTHERLY UNE OF SAID LOT 8, A DISTANCE OF SS.01 FEET TO A LINE PARALLEL WITH AND 36.00 FEET EASTERLY. MEASURED AT RIGHT ANGLES, FROM THE MOST WESTERLY LINE OF SAID LOT 8; THENCE SOUTH 11'02'12• EAST ALONG SAID PARALLEL LINE. A DISTANCE OF 624.26 FEET TO THE EASTERLY LINE OF MID LOT B; THENCE SOUTH W4r40" WEST ALONG SAID EASTERLY LINE. A DISTANCE OF 67.oe FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 8; THENCE NORTH 11"02'12" WEST ALONG THE MOST WESTERL V LINE OF SAID LOT 8, A DISTANCE OF 670.00 FEET TO THE POIHT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 18,150 SQUARE FEET (0.439& ACRES), MORE OR LYS. ALL AJJ SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART THEREOF. THIS REAL PROPERTY DESCRIPl"ION HAS BEEN PREPARED BY ME. OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S Ar:r. ~"""' R!lllll• ../~S(P.LS, 7684 DATE THIS DOCUMENT PRELIMINARY UNLESS SIGNED APRIL 18, 2012 PAGE10F1 I 0 so 100 SCALE: l"•IOO' iA-T P.0.8. :•t .. ~ a·~ ,,, ... N Ci ir: :i: !,O :"': 1- ::~ ··'; : ... ~n ~-f't ::: :;: , .. :;~ fl! , .. EXHIBIT "8" PLAT TO ACCOMPANY LEGAL DESCRIPTION mitiQ r:>.o.e. CZJ PAGE l OF I POtliT or BEGINNING AREA Or OEDIC...TION ;J;1e,1so s.r. (0.4396 AC.) ~r:'azl~ o+/1a/12 iiiCHAAOC:iWIER, Pts 756+ (CA) THIS DOCUMENT PREl.JMINAAY UNL£SS SIGNED KCM MEfll~, INC, -22541 ASPAN S'(,, STE. C -LAKE fORtsr, CA. 92630 -PH. (9+9}768-0731 FAX (949) 768-3731 From: Sent: To: Cc: Subject: Don <dreeves895@aol.com> Monday, July 15, 2013 4:54 PM Dennis Mclean cc Re: Storm Drain User Fee In this case I do not believe you corrected anything. 1. My point was that the ability of the CC to repeal Chapter 3.44 was not included in the attachment -very clever of city hall not to mention this which allows the travesty of going back and getting the 2% not approved last year. Most took that statement (highlighted below) at face value w/o looking at Ordinance 418. 2. My 47 vote# is correct and the estimated 11-12% #is dead on. The attempt to repeal it did fail because we had to let the 20% who do not pay it actually vote on it -too bad we could not do another mail-in vote of those who do. You did not mention that the 20% got to vote and the margin was 12% -actually 6% over the 50% point. The CPI is irrelevant for several reasons but especially in what the CC has to do to recapture last year's zero increase. 3. No one said this CC or this City Mgr were there -this group does have a chance to do the right thing but I am not confident that 3 of them really care about their stated fiscal conservatism considering what they continue to fund. Thank you but in this case my "facts" were right on. Don d reeves895@aol.com Subject: RE: Storm Drain User Fee Don Just a short reply email to correct a factual error and offer some context about your email, dated 7/14/2013, below: The 2005 mail notice (attached) and ballot included the following explanation about the user fee methodology (as did other forms of public information): "Commencing with FY 2007-08, the maximum rate per ERU will increase by the amount of the increase of the CPI, but not to exceed two percent (2o/o) each year. However, each year the City Council will hold a public hearing and determine the actual rate per ERU that will be charged. At the Public Hearing, the City Council will set the actual rate for the next year that would be equal to or less than the maximum rate approved by the property owners, which could include setting the rate to $0 per ERU." Yes, the 2005 mail ballot established the user fee by a 47 vote majority. However, the ballot measure to terminate the user fee failed by a 56-44% margin during the municipal election in 2007. Yes, if the Council elects to increase the user fee to $96.27 for FY13-14, it would result in an aggregate increase of the user fee rate of about 11.4% over seven years, while the CPI has increased 14.6% over the same period. The City collects about $1.3 million annually. None of the Council was seated during the 2006 mail ballot that established the user fee, or the 2007 municipal election that established the 10-year sunset and formalized the Oversight Committee. The City had a different City Manager. I thought it might be helpful to offer some historical context with my reply. As always, feel free to call me if you have any questions. Thanks, Dennis McLean Director of Finance and Information Technology 1 /. ~ City of Rancho Palos Verdes Finance and Information Technology 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 www. pa losverdes. com/rpv dennism@rpv.com -(310) 544-5212 p-(310) 544-5291 f ~ Do you really need to print this e-mail? This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation. From: Don [mailto:dreeves895@aol.com] Sent: Sunday, July 14, 2013 6:43 PM To: CC Subject: Storm Drain User Fee Recently, I castigated the Oversight Committee and the CC for the farmer's recommendation to include last year's 2% increase with this ye-ar's for an increase of 4%. I believe this would increase the ERU about $10 or about 11-12% from its inception. This led to an informative dialogue with Dennis McLean who pointed out that Ordinance 418 includes Section 3.44.020 Part G (i) that allows the CC to repeal Chapter 3.44 without a vote of the property owners. Shame on me for not rereading all of Ordinances 417 and 418 and Resolution No. 2005-101 before posting my e-mail. I am also embarrassed that we did not address the former in detail during the initial vote that passed by 47 votes (-0.8%). I must also compliment Long, Stern, Clark and Wolowicz (Dr. Gardiner voted No), the City Mgr. and the City Attorney for crafting this ordinance which was not mentioned in the actual voter ballot -to be fair, I do not recall any material accompanying the ballot that did refer to it -not including all the "educational" material that was sent to the 80% of the people who are paying this fee. There are documentation requirements in Sections 3, 4 and 5 that I assume will be checked by the CC. Section 6 is · interesting in that it gives the CC authority to amend the procedures, rules and regulations to implement the Ordinance. Somehow, I see a strategy to avoid the upcoming Sunset later approved by the voters. In any event, it will be interesting to see who votes to repeal Chapter 3.44 and whether anyone has the courage to zero out an unnecessary increase. Hopefully, I have now correctly read the Ordinance. Thank you for listening, Don Reeves d reeves895@aol.com 2 From: Sent: To: Subject: Carolyn Lehr Tuesday, July 16, 2013 4:00 PM Carla Morreale FW: Storm Drain User Fee Questions Late Correspondence. From: Susan [mailto:subrooks08@gmail.com] Sent: Tuesday, July 16, 2013 3:27 PM To: Les Jones Cc: Carolyn Lehr; Dennis Mclean; Ron Dragoo; Andy Winje Subject: Re: Storm Drain User Fee Questions Thanks for your response, Les. Under the circumstances, I believe that's appropriate. Council has the responsibility to know exactly what is at stake with each expenditure (or lack, thereof) option. Susan Brooks Mayor, Rancho Palos Verdes Sent from my iPhone On Jul 16, 2013, at 12:36 PM, Les Jones <LesJ@rpv.com> wrote: I received your email this morning and met with staff to discuss it. Unfortunately, providing a quality response will require more preparation time than available today. If the item can be continued until August 6, staff would be in position to provide a better result for your consideration. To this end, inquiries were made with Harris and Associates to ascertain if a continuance is possible. Their reply was that this could continue to the August 6 meeting as the deadline for submittal to the County is August 8. Do you think that continuing the item until August 6 is an acceptable course for you and the City Council? Please advise. Les Jones Interim Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Telephone: 310-544-5252 Fax: 310-544-5292 Email: lesj@rpv.com From: Mayor Susan Brooks [mailto:subrooks08@gmail.com] Sent: Monday, July 15, 2013 10:14 PM To: Les Jones Cc: Dennis Mclean Subject: Storm Drain User Fee Questions Hi Les. I'm sorry for the late notice, but I have some questions regarding the proposed fee increase for tomorrow's Public Hearing. With last year's decision to hold off any fee increase, I'd like some specifics regarding exactly which projects would be affected by the following: 1. Is $1.3 million the potential revenue if there is a 4% increase? 2. What projects would be included in that rate? 2. What projects would be affected immediately if we eliminate the fee entirely? 3. What projects would be prioritized with a 2% increase? I believe this is important information for us to know before we address this issue in order to select the appropriate option. Again, I'm sorry for the late notice and I'm hoping you can help. Thanks. Susan Susan Brooks, Mayor Rancho Palos Verdes, CA (310) 541-2971 home l<imageOO 1.jpg>j From: Sent: To: Cc: Subject: Dear Council Members, April Sandell <hvybags@cox.net> Tuesday, July 16, 2013 2:14 PM cc Lacombe Lacombe Agenda item: Western Avenue Vision Plan With all due respect, installing bike lanes on Western would benefit a few bicyclers at the expense of thousands of daily vehicle travelers for years to come. It seems to me 99% of the vision plan amounts to far fetched thinking, at best. So, I must assume the single goal is to install bike lanes and nothing more. I don't think the Vision Plan creators truly believe various commercial property owners on Western Ave. would willingly tear down buildings. and business income in order to rebuild according to the ideas in the proposed plan. I do like the pictures and drawings. Really nicely done. Thanks for your time and consideration. April L. Sandell 1 3 From: Sent: To: Cc: Subject: Attachments: Ron Dragoo Tuesday, July 16, 2013 12:34 PM Jerry Duhovic Qduhovic@hotmail.com) CC; Carolyn Lehr; Les Jones RE: Questions for SR Change #2 Haris acceptance Outlet Structure.pdf Good Morning Mayor Pro-tern Duhovic, Attached is a copy of the acceptance letter from Harris we received Friday for your use. We will include a copy of their letter in the late correspondence this evening. The $292K amount shown on the CC0#4 form, which is attached to the staff report, references the running total of all changes to the contract including the credit of $315,334.40 and a change (due to differing site conditions) totaling $22,868.00. Adding to two the running total equals $292,466.40. Best regards, Ron Dragoo, P .E. Senior Engineer City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 (310) 544-5253 Office (310) 544-5292 FAX From: Les Jones Sent: Monday, July 15, 2013 5:20 PM To: Ron Dragoo; Alan Braatvedt Subject: FW: Questions for SR Change #2 Les Jones Interim Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Telephone: 310-544-5252 Fax: 310-544-5292 Email: lesj@rpv.com From: Jerry Duhovic [mailto:councilmanduhovic@hotmail.com] Sent: Monday, July 15, 2013 4:14 PM To: Carolyn Lehr; Les Jones Subject: Questions for SR Change #2 Hello Carolyn and Les, 6. With respect to the most recent value engineering change to be discussed tomorrow, do we have formal notification document from Harris & Associates that denotes they "approved" of the change as is reflected in the Staff Report. The letter included in the Staff Report from Harris doesn't explicitly say that. Having a document that explicitly states "approved" is imperative. Also, I noticed that the previous savings for Change#! denoted on the Change Order went from $315K to $292K (and change). Please advise as to the reason for the different number. Thank you. Regards, Jerry Jerry V. Duhovic Rancho Palos Verdes Mayor Pro Tem jer[Y.duhovic@rpv.com City Hall:(310}544-5207 Cell: 310 502-8036 Memo To: Alan Braatvedt City of Rancho Palos Verdes Public Works Department 30940 Hawthorne Blvd Rancho Palos Verdes, CA 90275 Date: July 12, 2013 Cc: J:mzabeth Reyes, PE Harris & Associates From: Randall Berry, PE Program Managers -------.,.;;,.,,;,.--Construction Managers Civil Engineers Subject: Alt Outlet structure design calculations for the San Ramon Canyon SD Proiect Ev: Request D For Review _o_P_1e_a_s_e_c_o_m_m_en_t __ o_P_•_e_as_e_-_~=--p-~ly~--o-_o~n-·_g~in_·-a_1-s~A~tta--_-c~h=•~ Comments: We accept the proposed alternative design change for the outlet structure in principle, with the understanding that it is subject to final review and acceptance of the full structural Submittal package. Thank you for the opportunity to review these submittals and, as usual, don't hesitate to call or e-mail if you have any questions or require anything additional. Sincerely, Randall Berry, PE 34 Executive Park, Suite 150 Irvine, California 92614-4705 (949) 655-3900x314 FAX (949) 655-3995 lrvine@harris-assoc.com From: Sent: To: Cc: Subject: Dear Mr. Rodich Les Jones Tuesday, July 16, 2013 5:21 PM mickeyrodich@gmail.com Anthony Misetich; Brian Campbell; Jim Knight; Jerry Duhovic; Susan Brooks; Carolyn Lehr FW: A) Ladera Linda Gas Line & B) San Ramon Canyon Change Orders This is in response to your inquiries related to the repair of the gas line at Ladera Linda School and change orders at San Ramon: 1. Ladera Linda School ... Indeed, you are correct that this invoice was for the temporary repair of the gas line at Ladera Linda. As you probably know, there are some temporary uses at the facility and recreation staff is available at the location. The gas repair was done to provide gas service and thus alleviate the electrical demand which, in my opinion, posed a safety threat to the users and the facility. However, the repair only sought to address the known conditions of deterioration to the existing gas line. It did not provide a permanent replacement of the gas line ... an improvement that I would have recommended if this facility was home to a permanent Montessori School that hosted small children on a regular, ongoing basis. In addition, a more intensive use such as a Montessori school would also have required the City to address the inadequate sewer line from the facility and the water service to the facility. I understand that they also suffer the challenges of age and deterioration. Consequently, while this repair is holding at the present, I would recommend that the community consider making longer lasting improvements in this facility if, in fact, you wish to engage it for more intense use. 2. San Ramon Change Orders ... The other two change orders were for roadway striping and the installation of concrete slurry in the canyon due to differing site conditions. (The striping change was a zero dollar change and the value of the concrete slurry within the canyon is $22,868.00). Les Jones Interim Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Telephone: 310-544-5252 Fax: 310-544-5292 Email: lesj@rpv.com From: Mayor Susan Brooks [mailto:subrooks08@gmail.com] Sent: Tuesday, July 16, 2013 12:17 PM To: Mickey Rodich Cc: CC; Les Jones Subject: Re: A) Ladera Linda Gas Line & B) San Ramon canyon Change Orders Mickey, I'm requesting of Les Jones that he reply to your email and cc us .. These are Public Works issues. Thanks, Susan On Tue, Jul 16, 2013 at 12:03 PM, Mickey Rodich <mickeyrodich@gmail.com> wrote: 1 A) In the Staff report for tonight's meeting I noticed that included in the Consent Calendar under Item D, Register of Demands, on Page D-4 there is an entry # V 904 from Bob and Marc Plumbing. It describes it as LL, which I think means Ladera Linda. The expenditure is for $10,690 for the repair of gas lines. It was just a few years ago that Ladera Linda had a Montessori School as a tenant and at that time the City Council decided not to renew their lease, because the Staff estimated that it would cost over $100,000 to replace the gas line leading to the school, and that would not be economical. Would this repair job have solved the problem 2 years ago so that the City could have retained the Montessori School as a tenant, while receiving around $60,000 in annual lease payments from them? B) In the July 2nd Council meeting, Change Order #1 for San Ramon Canyon was discussed. Item #6, page 6- 1 in the Regular Business Section of tonight's meeting describes Change Order #4. What happened to Change Order #2 and #3? What were they for? Susan Brooks, Mayor Rancho Palos Verdes, CA 310) 541-2971 home 2 From: Sent: To: Subject: Mickey Radich <mickeyrodich@gmail.com> Tuesday, July 16, 2013 12:03 PM cc A) Ladera Linda Gas Line & B) San Ramon Canyon Change Orders A) In the Staff report for tonight's meeting I noticed that included in the Consent Calendar under Item D, Register of Demands, on Page D-4 there is an entry # V 904 from Bob and Marc Plumbing. It describes it as LL, which I think means Ladera Linda. The expenditure is for $10,690 for the repair of gas lines. It was just a few years ago that Ladera Linda had a Montessori School as a tenant and at that time the City Council decided not to renew their lease, because the Staff estimated that it would cost over $100,000 to replace the gas line leading to the school, and that would not be economical. Would this repair job have solved the problem 2 years ago so that the City could have retained the Montessori School as a tenant, while receiving around $60,000 in annual lease payments from them? B) In the July 2nd Council meeting, Change Order #1 for San Ramon Canyon was discussed. Item #6, page 6- 1 in the Regular Business Section of tonight's meeting describes Change Order #4. What happened to Change Order #2 and #3? What were they for? 1 CrTYOF TO: FROM: DATE: SUBJECT: HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK JULY 15, 2013 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached·are revisions/additions and/or amendments to the agenda material received through Monday afternoon for the Tuesday, July 16, 2013 City Council meeting: Item No. Description of Material 1 Email response from Director Mclean to Don Reeves 4 Email response from Mayor Brooks to Ann Shaw 6 Email from Senior Engineer Dragoo Respectfully submitted, ~9&uAJL Carla Morreale W:\AGENDA\2013 Additions Revisions to agendas\20130716 additions revisions to agenda through Monday afternoon.doc From: Sent: To: Cc: Subject: Attachments: Don Dennis Mclean Monday, July 15, 2013 12:27 PM Don; CC Carolyn Lehr; Carla Morreale; Teresa Takaoka; Carol Lynch <clynch@rwglaw.com> RE: Storm Drain User Fee rpv ballot 10jun05 FINAL.pdf; RPVnotice v9_FINAL.pdf Just a short reply email to correct a factual error and offer some context about your email, dated 7 /14/2013, below: The 2005 mail notice (attached) and ballot included the following explanation about the user fee methodology (as did other forms of public information): "Commencing with FY 2007-08, the maximum rate per ERU will increase by the amount of the increase of the CPI, but not to exceed two percent (2%) each year. However, each year the City Council will hold a public hearing and determine the actual rate per ERU that will be charged. At the Public Hearing, the City Council will set the actual rate for the next year that would be equal to or less than the maximum rate approved by the property owners, which could include setting the rate to $0 per ERU." Yes, the 2005 mail ballot established the user fee by a 47 vote majority. However, the ballot measure to terminate the user fee failed by a 56-44% margin during the municipal election in 2007. Yes, if the Council elects to increase the user fee to $96.27 for FY13-14, it would result in an aggregate increase of the user fee rate of about 11.4% over seven years, while the CPI has increased 14.6% over the same period. The City collects about $1.3 million annually. None of the Council was seated during the 2006 mail ballot that established the user fee, or the 2007 municipal election that established the 10-year sunset and formalized the Oversight Committee. The City had a different City Manager. I thought it might be helpful to offer some historical context with my reply. As always, feel free to call me if you have any questions. Thanks, Dennis Mclean Director of Finance and Information Technology ~ City of Rancho Palos Verdes Finance and Information Technology 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 www.palosverdes.com/rpv dennism@rpv.com -(310) 544-5212 p-(310) 544-5291 f r;,,,'; Do you really need to print this e-mail? This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from disclosure. The information is intended only tor use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If you received this email in error, or am not an intended recipient, please notify the sEmder immediately. Thank you for your assistance and cooperation. From: Don [mailto:dreeves895@aol.com] Sent: Sunday, July 14, 2013 6:43 PM I To: CC Subject: Storm Drain User Fee Recently, I castigated the Oversight Committee and the CC for the former's recommendation to include last year's 2% increase with this year's for an increase of 4%. I believe this would increase the ERU about $10 or about 11-12% from its inception. This led to an informative dialogue with Dennis McLean who pointed out that Ordinance 418 includes Section 3.44.020 Part G (i) that allows the CC to repeal Chapter 3.44 without a vote of the property owners. Shame on me for not rereading all of Ordinances 417 and 418 and Resolution No. 2005-101 before posting my e-mail. I am also embarrassed that we did not address the former in detail during the initial vote that passed by 47 votes (-0.8%). I must also compliment Long, Stern, Clark and Wolowicz (Dr. Gardiner voted No), the City Mgr. and the City Attorney for crafting this ordinance which was not mentioned in the actual voter ballot -to be fair, I do not recall any material accompanying the ballot that did refer to it -not including all the "educational" material that was sent to the 80% of the people who are paying this fee. There are documentation requirements in Sections 3, 4 and 5 that I assume will be checked by the CC. Section 6 is interesting in that it gives the CC authority to amend the procedures, rules and regulations to implement the Ordinance. Somehow, I see a strategy to avoid the upcoming Sunset later approved by the voters. In any event, it will be interesting to see who votes to repeal Chapter 3.44 and whether anyone has the courage to zero out an unnecessary increase. Hopefully, I have now correctly read the Ordinance. Thank you for listening, Don Reeves dreeves895@aol.com Rancho Palos Verdes Storm Drain User Fee -Official Property Owner Ballot Assessor's Parcel Number: <APN> [----bar code -<APN>----] Owner Name: <Owner1 > <Owner2> Proposed Maximum FY 06-07 Annual Fee Amount*** (see below): $ <Fee> To provide the City of Rancho Palos Verdes with a dedicated funding source to: • Repair, reconstruct and maintain the storm drain system throughout the City and • Install filtration devices to reduce polluted runoff and protect coastal water quality, shall the City establish a new annual Storm Drain User Fee as part of the City's Water Quality and Flood Protection Program? D YES I support the proposed annual Storm Drain User Fee D NO I oppose the proposed annual Storm Drain User Fee I hereby declare, under penalty of perjury under the laws of the State of California, that I am the owner, or the authorized representative of the owner, of the parcel identified above. Your ballot will not be counted if you do not sign below. Date Printed Name Rancho Palos Verdes needs to spend about $25 million (in 2005 dollars) over approximately 30 years to repair its deteriorating storm drain system. The City recently established a Water Quality and Flood Protection Program, funded with a $2 million contribution from General Fund Reserves. However, the City does not currently have sufficient Reserves or net revenue to fund the cost of the Program. If Reserves were used to fund the Program, they would be nearly depleted in about five years. Property owners are now being asked to vote on an annual Storm Drain User Fee to provide a dedicated funding source for the Program. Signature Assessor's Parcel Number: <APN> Property Address: <Situs> Land Use Designation: <Landuse> Parcel Area (acres): <Acres> Impervious Percentage: <Impervious> ERUs: <ERU> Proposed Max. FY 06-07 Annual Fee Amount***$ <Max_Asmt> The person completing and submitting this Property Owner Ballot must be the owner of the property identified above or the representative of the owner of such property who is legally authorized to complete and submit this ballot for and on behalf of the owner. The "Summary of Property Owner Ballot Procedures" on the back of this ballot sheet has been provided to assist you in filling out the ballot. If there are two or more property owners, only one needs to sign and return the ballot. Only one ballot will be counted per property. *** If approved by a majority of the returned ballots, the proposed maximum annual Storm Drain User Fee rate for FY 2006-07 will be $86.00 per Equivalent Residential Unit (ERU), which equates to $7.17 per ERU per month. Commencing with FY 2007-08, the maximum rate per ERU will increase by the amount of the increase of the CPI, but not to exceed two percent (2%) each year. However, each year the City Council will hold a public hearing and determine the actual rate per ERU that will be charged. At the Public Hearing, the City Council will set the actual rate for the next year that would be equal to or less than the maximum rate approved by the property owners, which could include setting the rate to $0 per ERU. Please mark your ballot in ink. Do not use pencil. Upon completion, fold the ballot, place it in the addressed, return envelope and seal the envelope. Pursuant to the instructions on the back of this ballot sheet, mail the ballot to the address shown on the return envelope, or deliver to City Hall located at 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275. Ballots must be received by 8:00 p.m. Tuesday, August 30, 2005. Please see the "Summary of Property Owner Ballot Procedures" on the back of this sheet. For additional information about the annual Storm Drain User Fee, please see the enclosed legal notice. <Owner1> <Owner2> <Mailing> <MCity> <MZip> --This is not an invoice -- City of Rancho Palos Verdes City Clerk 30940 Hawthorne Blvd Rancho Palos Verdes, CA 90275 SUMMARY OF PROPERTY OWNER BALLOT PROCEDURES If you are the owner, or the authorized representative of the owner, of the property described on the enclosed Property Owner Ballot, you may submit the enclosed Property Owner Ballot to the City to support or oppose the proposed annual Storm Drain User Fee. Complete Property Owner Balloting Procedures are on file at the City Clerk's office. Please follow the instructions below to complete and return your Property Owner Ballot. 1. Mark your vote on the enclosed Property Owner Ballot by placing an "X" in the appropriate box. 2. Mark, sign and date your Property Owner Ballot in ink. Property Owner Ballots received without a signature will not be counted. Do not use pencil. 3. Fold your ballot and place it into the provided pre-addressed return envelope and seal the envelope. 4. Property Owner Ballots may be mailed or hand delivered to the City Clerk's office at 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275. 5. The City MUST receive all Property Owner Ballots by 8:00 p.m. on Tuesday, August 30, 2005. Any Property Owner Ballot received after this time cannot legally be counted. Postmarks will not be accepted and ballots received after the deadline will not be counted. (Property Owner Ballots may be delivered to the City Clerk prior to this date and time during normal business hours.) 6. The tabulation of Property Owner Ballots will be performed in the City Clerk's office, during normal business hours, following the end of the Property Owner Balloting period. The Property Owner Ballots will be tabulated electronically, and each property is entitled to one (1) vote. 7. The City Clerk shall not disclose the contents of any ballot in such a way as to identify how a property owner voted. 8. The City Council may establish the annual Storm Drain User Fee only if a majority of the Property Owner Ballots returned are in favor of the Fee. 9. If more than a majority of the Property Owner Ballots returned are opposed to the Fee, then the annual Storm Drain User Fee will not be imposed. The City of Rancho Palos Verdes complies with the Americans with Disabilities Act. If you are a qualified individual with a disability and need assistance with completing or returning the enclosed ballot, please contact the City Clerk's office at (310) 377-0360. The information in this notice and the accompanying materials were compiled and are distributed at public expense by the City of Rancho Palos Verdes in compliance with Article XlllD of the California Constitution. This information is presented in the public interest. It is not intended to influence or attempt to influence the actions of the voters to vote "yes" or "no" on the enclosed Property Owner Ballot. 8 4 lculating the Storm Drain User Fee A user fee is structured so property owners that use the system most pay the most. All properties that drain into the City's storm drain system use the storm drain system. The amount that each parcel uses the system can be measured by the amount of storm runoff contributed by the property, which is directly proportional to the amount of impervious area on a parcel (such as buildings and concrete). The more impervious area on a property, the more storm runoff the property generates. Vacant, unimproved parcels are still in their natural states and do not contribute any additional runoff to burden the system. Therefore these parcels are not charged a storm drain user fee. The City developed an Impervious Percentage Table (top right) that shows the estimated percent of impervious cover on single-family residential (SFR) properties, based on a 10% data sampling of SFR parcels within the City of Rancho Palos Verdes. The table recognizes that larger residential properties are often proportionally less developed than smaller properties and generate less runoff per square foot. Hence, the impervious percentage rate is lower for larger residential parcels. The median residential par- cel in the City (roughly 1/4 acre) has an impervious area covering 48.5% of the parcel. Because of the variations in properties, all condo- miniums, SFR properties larger than 3 acres, and non-SFR properties, which include multi-family residential, institutional (such as churches and private schools) and government-owned properties, were reviewed individually to determine the actual impervious cover for each parcel. If you believe the impervious area for your parcel is incorrect, please contact Dennis Mclean (contact info on page 3). About 85% of the parcels within the City are desig- nated SFR parcels. When we multiply the size of an SFR parcel by the impervious percentage in the table, the resulting number is the Drainage Unit. The median Drainage Unit for slnqle·famlly residences In Rancho Palos Verdes Is 0.118. That median number repre- sents one Equivalent Residential Unit (ERU). The more ERU's a parcel has, the more storm runoff it generates and the more it uses the storm drain system. FOR MORE INFORMATION lmi)erviOus Percentllqe Tiif>~ Land Use Impervious AcreaQe Sfl!l Sfl!2 SER3 Sfl!4 % iii~ 741)% 51HJ% 43.5%. 4!.0% Mi'-0.16 0.161-0211 02,!)1'028" 01.81'°;!)4 ~~ '"71"~Wl.2 -7,lll3-ll;~ ~1i;t$~ii,~· -!al<l&'~~s&; Sfllli 345% Q~F4~ "".~~~~Ja0;~1ij}. otl!ers •These;~Were~~TIY·.W,dt!J:$m1!J~(t!)t!. actual impervious ~enta,ge"fQr.~~et. , The amount each parcel uses the storm drain system is computed by the following formula: (Your Parcel (Impervious . • • Your Acreage) x Percentage) = Drainage Units ~ 0.118 = ERU The proposed maximum annual Storm Drain User Fee rate for fiscal year/2006-07 is $86.00 per ERU, which equates to $7.17 per ERU per month. For example, if your single family residential property is .23 acre, your Storm Drain User Fee would be calculated using this formula: .23 x 0.485 = 0.112 .;. 0.118 = 0.9492 ERU x $86 = $81.63 Your Storm Drain User Fee The parcel areas for condominiums are calculated by dividing the total area of the condominium complex, which includes the common areas, by the number of condominium units. The total imperviousness of the entire complex is attributed to each individual condo parcel in the complex. This divides the runoff of the entire complex to each of the individual units. (Because the condominium common areas are taken into consideration in this manner, they are exempt from the charge.) Parcels within the City that have runoff flowing out of the City without going through any ""'·t·••n "' Ct\·~ ~~v::i~ n:,,,,. ·:·/st~~=n are not included in this fee. There are also a number of County-maintained pipes within the City. If properties drain exclusively to these pipes they are not included in the fee. Visit www.palosverdes.com/rpv/water_quaflty_flood_protection OFFICE OF THE CITY MANAGER June 22, 2005 Dear Rancho Palos Verdes Property Owner. As you know, this winter our City suffered significant damage from heavy rains. Our storm drain system was unable to handle the amount of storm water runoff that flowed from our hills and canyons to the ocean. The City Council responded by establishing a long-term Water Quality and Flood Protection Program to repair and maintain our storm drain system. As a property owner, this is your opportunity to vote on an annual Storm Drain User Fee. If approved by property owners, the Fee would provide the City of Rancho Palos Verdes with a dedicated funding source for u0 L 30 years, :t not 2<'ded so<:ln''' l'V the' Ctv [(,u,,cl. ''''' ,jt:;c1icJh:ci funr.tng :;oun::e w=:;u~r.i be us*.:=d to: ... Repair. reconstruct and maintain the storm drain system throughout the City and ... Install filtration devices to reduce polluted runoff and protect coastal water quality. This envelope contains your official notice about the proposed Storm Drain User Fee, a separate official ballot and a reply envelope. Please take a moment to review the information and then vote. Please be sure your ballot arrives at City Hall (by mail or in person) by 8 p.m., Tuesday, August 30, 2005. If you have any questions, please contact: Dennis Mclean, Director of Finance and lnf,:rrn:+rn, Technology, City of Rancho Palos Verdes, (310) 544-5377 or stormdrainfee@rpv.com. You will also find much more information on our website: www.palosverdes.com/rpv/water_quality_ flood_protection. Thank you very much for taking the time to consider this important issue for the City of Rancho Palos Verdes. Please vote; your vote counts! Sincerely, ?fL Les Evans City Manager 30940 HAWTHORNE BLVD I RANCHO PALOS VERDES, CA 90275 I (310) 544-53 77 I STORMDRAINFEE@RPV.COM ® 2 STORM vscn r-Er i zoos Notice to Property Owners and Your Property Owner Ballot for the Proposed Storm Drain User Fee in the City of Rancho Palos Verdes This notice informs you, as an owner of property within the City of Rancho Palos Verdes, that on June 21, 2005, the City Council adopted a Resolution authorizing the City Clerk to conduct a Property Owner Mail Ballot vote for a proposed annual Storm Drain User Fee. The Fee would provide a dedicated funding source for up to 30 years for the City's Water Quality and Flood Protection Program (Program). To submit the enclosed Property Owner Ballot. please follow the directions in the "Summary of Property Owner Ballot Procedures" on the back of your yellow ballot sheet.Please mail or personally deliver your ballot to the City Clerk's office at City Hall, located at 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275. Your ballot must arrive by no later than 8:00 p.m. on Tuesday, Auqust 30, 2005. Ballots received after this deadline will not be counted. Information about Storm Drains and the Water Quality and Flood Protection Program Rancho Palos Verdes needs to spend about $25 million (in 2005 dollars) over 30 years to repair its deteriorating storm drain system. The City recently established the Water Quality and Flood Protection Program, funded with a $2 million contribution from General Fund Reserves. However. the City does not currently have sufficient Reserves or net revenue to fund the cost of the Program. If Reserves were used to fund the Program, they would be nearly depleted in about five years. Property owners are now being asked to vote on an annual Storm Drain User Fee to provide a dedicated funding source for the Program, which would end or "sunset" after 3f; y:;i-;j:-~;., ~f pc! !,: rr:·,in;H~·j >:-~~: :c t~v 1 !'\:) C;ty CounciL The City's storm drain system (pipes, inlets, outlets and natural drainage courses) collects and carries storm water runoff directly to the ocean. Maintaining the system in good condition helps keep the ocean clean, minimizes property damage, bluff erosion, mud flows and traffic problems due to floods and sinkholes, and can help avoid potential lawsuits after failures. This winter's storms caused widespread damage to public and private property throughout the City. The City Council recently approved a $3 million accelerated spending plan, funded from General Fund Reserves: $1 million for immediate repairs and $2 million to begin funding the Program. That was in addition to $1.15 million the Council had previously funded for storm drain projects. The City established the Program to: ... Re-line about 150 deteriorated metal pipes. ... Replace about 38 storm drains. .,. Install about 600 catch basin filtration devices in compliance with federal storm water regulatory requirements (and replace as needed). .,. Engineer more efficient, system-wide solutions. .,. Plan ahead to schedule repair and construction projects to minimize inconvenience. .,. Ensure continued maintenance of all storm drains throughout the City, as newer pipes and outlets age. Revenue Dedicated to Storm Drains Only If the Storm Drain User Fee is approved, the City will be required by law to dedicate that revenue to storm drain cor1sfru,.._t::_-i~ projects .3fid rr:,:~i::V:·:~i"ln.U:' only. In response to property owner preferences, the Fee will sunset in 3D years. The City has already established a restricted Enterprise Fund that will be audited by independent certified public accountants in conjunction with the annual audit of the City's financial statements. The money cannot be diverted or used for any purpose other than storm drains. www.palosverdes.com/rpv/water _quallty _ffood_protectlon Information about the Proposed Fee You'll find the proposed Storm Drain User Fee amount for your parcel for fiscal year 2006-07, as well as other information that was used to calculate the Fee, on the front, middle-right hand side of your ballot sheet. The City Council has set a proposed annual Storm Drain User Fee that shares the cost of the storm drain repairs based on the size of the parcel and the estimated amount of impervious area on the parcel (see page 4 for a full explanation of how individual Fees would be determined). If approved, the proposed maximum annual Storm Drain User Fee rate for fiscal year 2006-07 will be $86.00 per Equivalent Dwelling Unit (ERU). For fiscal year 2006-07: ... The majority of residential properties would pay an annual storm drain user fee of less than $86 (about $7 a month). .,. The majority of condominiums and townhouses would pay less than $25 annually. ... Only about 3% of single-family residences would pay more than $200 annually. The City has established a Storm Drain User Fee Assistance Program. The City would reimburse 50% of the annual Storm Drain User Fee to eligible low-income property owners with gross incomes under $35,DOO. , Annual Public Hearing To Set the Storm Drain User Fee Every year, the City Council will hold a public hearing to set the Fee for the following year, until the Fee ends in 30 years. The Council may decide to end the Fee early or reduce the rate (for example, if there is another revenue source available). To enable the Program to keep up with inflation, begin· ning with fiscal year 2007-08, the maximum rate per ERU that may be collected each year will increase by the amount of increase in the Consumer Price Index, limited to a maximum of 2% a year. During the hearing, the Council will deter- mine the actual rate per ERU, which could remain the same, decrease or increase. However, the rate can never be higher than $86 per ERU, the amount approved by property owners, as adjusted by a maximum 2% per year. The Mailback Ballot Process The California Constitution requires that the pro· posed Storm Drain User Fee must go through a two-step process. The first step was the public hearing held on June 21, 20D5 and the second step is this property owner vote, which requires ballots to be returned by 8:00 p.m. on August 30, 2005. There is one vote per parcel. If a majority of Property Owner Ballots returned support the pro- posed Fee, the Fee may be established by the City Council. If a majority of ballots returned oppose the proposed Fee, the Fee will not be imposed. If approved, the Fee will be collected on the annual County Property Tax Bills beginning with fiscal year 2006-07 . Property Owner Ballots may be mailed or hand deliv- ered to the City Clerk's office at 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275. Ballots must be received by no later than 8:00 p.m. on Tuesday, August 30, 2005. More Information If you have any questions or you think that the area or impervious percentage for your parcel is incor- rect, please contact Dennis Mclean, Director of Finance and Technology, City of Rancho Palos Verdes at (310) 544-5377 or at stormdrainfee@rpv.com. You will also find much more information on our website, including information on how to appeal your Fee amount: www.palosverdes.com/rpv/water_quality_ flood_protection. Email: stormdralnfee@rpv.com 3 From: Mayor Susan Brooks [mailto:subrooksOS@gmail.com] Sent: Friday, July 12, 2013 11:48 AM To: Ann Shaw Cc: CC; Carolyn Lehr; Martin Gombert Subject: Re: Dial-a-ride Hi Ann, In response to your query, the item on next Tuesdayn s agenda is minor and for information purposes only. As a PV Transit Authority representative along with Councilman Knight,we, along with the rest of the Board, requested that he make presentations to the three cities about the state of the Transit Authority. That is bis job. This is not only about Dial-A-Ride and it's certainly not in jeopardy. PVPTA plans on.increasing the cost per ride from $5 to $6 on 01-01-14. He'll be making very brief presentations to the three Councils in July-August, before bringing it to a public hearing in September and to the Board for final approval in October. All that for a $1.00 increase in a highly subsidized program. Martin said he saw your email and will make a response ASAP. He also spoke with Mary about the issue. His presentation will be very short. I hope this alleviates some of your concerns. Best, Susan Susan Brooks Mayor, Rancho Palos Verdes (310) 541-2971 (Sent from my iPad) On Jul 11, 2013, at 7:57 PM, Ann Shaw <anndshaw@gmail.com> wrote: I notice that Dial-a-Ride is on the next City Council agenda (item 4). This service is critically important to many seniors on the Peninsula who can no longer drive (or shouldn't be driving for the safety of the community). Seniors can use this service for necessary medical appointments or something as simple as getting to the grocery store. Many of our seniors remain in their homes for a variety ofreasons. However, due to age and infirmity they are isolated. Dial-a-Ride is a lifeline for these individuals. Please do not do anything to curtail this important service. Also, please don't look at the subsidies to Dial-a-Ride as a gift to seniors. They have lived in the community for many years and paid their taxes all that time. Ann Shaw, President, Peninsula Seniors 1 From: Sent: To: Cc: Subject: Attachments: Ron Dragoo Friday, July 12, 2013 4:33 PM cc Les Jones; Carol Lynch <clynch@rwglaw.com> 7-16-2013 Agenda Item #6 Value Engineered Change Order Outlet Structure CC04.pdf Dear Mayor Brooks and Councilmen, Staff is transmitting late correspondence specific to item #6 on the June 16th City Council Agenda. The final negotiations with the Contractor for the redesign of the Outlet Structure have been completed. All costs associated with the change have been taken into account and the final gross savings to the project is $214,684, which will be shared equally between the Contractor and the City. This results in a savings in the amount of $107,342 to the project. The attached file is the revised Contract Change Order which is Attachment A to the Staff Report. Best regards, Ron Dragoo, P.E. Senior Engineer City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 (310) 544-5253 Office (310) 544-5292 FAX 1 Project: San Ramon Canyon Storm Drain System Project C'.AlYOF ~RANCHO F1\i.Ds VERDES 30940 Hawthorne Blvd. Palos Verdes, CA 90275 Rancho Description -----· Delete item #16 "Reinforced Concrete Outlet Structure and Beach Apron Complete -~··~····---····-- Replace Item #16 with CO #4 as described in Submittal #62.1 and supporting documents ........ ············- value engineered design to construct the alternative design outlet structure as proposed by LH Woods and approved by Ninyo & Moore and Harris & Associates. The cost saving is shared at a 50:50 ratio with the contractor. All expenses are included in the net saving. Note: This CO is subject to final approval of the submittals by Harris & Associates and acceptance by the City Council. Original Contract Value Total Value of all Previous Change Orders Total Revised Contract Sum Prior to this Change Order Value of this Change Order New Contract Sum Change in Contract Days Current Contract Completion Date Accepted: LH Woods & Sons By Date: ___________ _ Authorized: Rancho Palos Verdes By Date: __________ _ Change Order# 4 Attention: Mike Ireland L.H. Woods & Sons, Inc. 2115 La Mirada Drive CA92801 Quantity Unit Price I ·--·--- -50% ! 214,684.00 I LS Total Vista, Amount -107,342.00 -107,342.00 15,140,000.00 -292,466.40 14,847,533.60 -107,342.00 14,740,191.60 0 4/7/2014 Construction Manager By Date: ____________ _ )> ~ (") :::::r 3 CD :J r-+ )>