20180619 Late CorrespondenceFrom: Lenee Bilski [mailto:leneebilski@hotmail.com]
Sent: Tuesday, June 19, 2018 4:39 PM
To: So Kim <SoK@rpvca.gov>; CC <CC@rpvca.gov>
Cc: Uday Patil <globus@pacbell.net>
Subject: Re: Trump Revision FFF
Thanks, So. I received a large copy of the Trails Legend at City Hall on Friday.
See my comment below in green
From: So Kim <SoK@rpvca.gov>
Sent: Monday, June 18, 2018 5:16 PM
To: Lenee Bilski
Subject: RE: Trump Revision FFF
Hi Lenee,
Please take a look at the TRAILS LEGEND, nos. 8 and 9. The 1997 plan shows these paths to also allow golf carts, which appears
to be removed on the 2018 version. The 1997 was approved by both the City Council and Coastal. There are several conditions
of approval which conditions and where do they apply? by the golf course perhaps? that do allow for pedestrian trails
and bike paths to be combined with golf cart paths. There's no prohibition.
If there's no prohibition of motorized carts on pedestrian/bicycle paths around the Driving Range, that is a safety issue/
problem - an accident waiting to happen. I have seen a near miss between a cyclist and a maintenance cart going around
the D. R.
Over the many years of being active in City matters, I have learned that if something isn't a written Condition of Approval
or on approved drawn plans is then it is not part of the entitlements.
Sincerely,
So Kim, AICP
Deputy Director/Planning Manager
Community Development Department
City of Rancho Palos Verdes
www.rpvca.gov
(310) 544-5222
Rancho Palos Verdes, CA - Official Website
Official Website
www.rpvca.gov
Listed trails are closed for assessment and/or repair, please obey
all posted trail closures Read on...
1
Ei
From: Lenee Bilski fmailto:leneebilski(@hotmail.com
Sent: Monday, June 18, 2018 12:33 PM
To: So Kim <SoK@rpvca.gov>
Subject: Trump Revision FFF
Hi So,
Since there is no green line on the Public Amenities Map, would you please send me what's written
(condition/resolution) pertaining to using motorized carts in Tract 50666 that you told me about over the phone
and the removal of same from the 1997 plan?
Where is that written that motorized carts not be allowed on the pedestrian trails and the bikeways ?
Thank you.
Lenee Bilski
WE
00.
n
CITY OF RANCHO PALOS VERDES
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: CITY CLERK
DATE: JUNE 19, 2018
SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA
Attached are revisions/additions and/or amendments to the agenda material presented
for tonight's meeting.
Item No. Description of Material
4 Amendment to Resolution; Email exchanges between Community
Development Deputy Director Kim and: Lenee Bilski; Robert
Geraci; Email exchange between Community Development Deputy
Director Kim, Zach Rehm (CA Coastal Commission), and
SUNSHINE; Email from Ali Derek (Seaview Residents Association)
** PLEASE NOTE: Materials attached after the color page(s) were submitted
through Monday, June 18, 2018**.
Respectfully submitted,
Emily Colborn
WA01 City Clerk\LATE CORRESPONDENCE\2018 Cover Sheets\20180619 additions revisions to agenda.doc
From: So Kim
Sent: Tuesday, June 19, 2018 10:48 AM
To: CityClerk
Subject: FW: Late Correspondence - Amendments to Trump Conditions of Approval
Attachments: Proposed Resolution.docx; City Council 1998 Memo.pdf
Please include this email and attachments as late correspondence.
Sincerely,
So Kim, AICD
Deputy Director/Planning Manager
Community Development Department
City of Rancho Palos Verdes
vvWw.rpVCa.g v
(310) 544-5222
From: So Kim
Sent: Tuesday, June 19, 2018 10:48 AM
To: CC <CC@rpvca.gov>
Cc: Ara Mihranian <AraM@rpvca.gov>
Subject: FW: Late Correspondence - Amendments to Trump Conditions of Approval
Dear Mayor Brooks and Members of the Council,
The consolidated conditions of approval attached to the June 19th Staff Report were prepared based on
four Council -adopted resolutions, and inadvertently did not include the conditions associated with a memo
approved by the Council in 1998 regarding wall and fences in the area adjacent to the Portuguese Bend
Club (see PDF attachment).
Attached for your consideration this evening is the resolution with revised conditions of approval that now
include these conditions which are shown as new Conditions L3(1), L3(2), and L3(3) and highlighted in
yellow on page 44 (see WORD attachment). As stated in the Staff Recommendation, Condition No. 2 of
the 1998 Council Memo is not proposed to be included in the revised consolidated Conditions of Approval
based on the Applicant's request to eliminate the requirement to construct a new wall adjacent to the
Portuguese Bend Club properties.
A hard copy of the revised conditions of approval will be provided to you tonight as late correspondence.
Sincerely,
So Kim, AICD
Deputy Director/Planning Manager
Community Development Department
City of Rancho Palos Verdes
www.r vca. ov
(310) 544-5222
conflicts between pedestrian/bicyclist and golf carts. Measures that may be
required by the Director of Public Works may include, but are not limited to the
addition of lane striping. If safety problems arise once the pedestrian trails,
bicycle paths and golf cart paths are operational, the Planning Commission
may impose additional requirements, including requiring that the pedestrian
trails and/or bicycle paths not be combined with golf cart paths.
(Resolution No. 2005-143: L-24)
L. FENCING
1. A complete project fencing plan for each tract (including public trails, habitat
areas, warning signage, and proposed fence and wall details) shall be
reviewed and approved by the Director of Community Development and/or the
Design Review Committee ("DRC"} or similar body if established, PRIOR TO
ISSUANCE OF GRADING PERMITS OR RECORDATION OF THE FINAL
MAP, whichever occurs first. It shall be the responsibility of the developer to
install this fencing prior to sale of any lot within each workable phase. Said
fencing plans shall incorporate the following:
(Resolution No. 2016-08: L-1)
a. A 42 inch high pipe rail fence or similar fencing of suitable design shall be
placed along the length of the bluff top on the seaward side of the bluff top
pedestrian trail, subject to the review and approval of the Director of
Community Development. It shall be the responsibility of the developer to
install this fencing and warning signage to coincide with the construction of
the bluff top pedestrian and bicycle trail.
(Resolution No. 2016-08: L-1, 2008-085: F-1)
b. A protective fence around the California gnatcatcher habitat areas and
around all wildlife corridors adjacent to residential development, or as
otherwise required by the Director of Community Development shall be
installed. Fencing of all enhancement areas shall also be required, subject
to the review and approval of the Director of Community Development. Said
fencing shall satisfy all requirements of the project biologist, incorporate a
method to prevent domesticated animals from entering the habitat areas,
include appropriate warning signage, and shall be black or dark green in
color. Temporary fencing shall be installed around the existing wildlife corridors
and habitat areas prior to the issuance of grading permits and the permanent
fencing shall be installed prior to the sale of any lot within adjacent workable
phases.
(Resolution No. 2016-08: L-1, 2008-085: F-1)
c. Protective fencing along all trails and open space areas where there is a
potential conflict between golf course uses and public access uses. In no case
shall permanent netting and netting support poles be installed for the driving
range. However, temporary netting and support poles may be allowed for
temporary professional tournaments provided a Special Use Permit is
obtained as required through Mitigation Measure No. H-3 of Resolution No.
2005-62 for the Driving Range (Revision "W') Mitigated Negative Declaration.
In association with such temporary poles and netting, permanent below grade
support pole sleeves that would accommodate temporary netting support
poles are allowed to be installed as part of the driving range construction.
Such below grade sleeves shall be safely covered when not in use as
determined by the Director of Community Development.
(Resolution No. 2016-08: L-1)
2. No gates or other devices shall be permitted which limit direct access to the site.
No freestanding fences, walls, or hedges shall be allowed, unless part of the
fencing plan reviewed and approved by the Director of Community Development
as required by Condition No. L.1.
(Resolution No. 2016-08: H-6)
3. A complete project fencing plan for each tract included in this approval (including
public trails, habitat areas, warning signage, and proposed fence and wall details)
shall be reviewed and approved by the Director of Community Development
PRIOR TO ISSUANCE OF GRADING PERMITS OR RECORDATION OF THE
FINAL MAP WHICHEVER OCCURS FIRST. With the exception of the decorative
fence for all private residential lots as noted in sub -section c and d below, it shall be
the responsibility of the developer to install this fencing prior to sale of any lot within
each workable phase. In regards to the decorative fence for all private residential
lots as noted in sub -section c and d below, the developer shall install said fencing
prior to the issuance of a certificate of use and occupancy for each specific lot. Said
fencing shall incorporate the following:
a. Vesting Tentative Tract Map No. 50666
A decorative fence, minimum height 5' and maximum height 6', which
allows a minimum of 90% light and air to pass through shall be required
along all street side setbacks and within all rear setback areas (along
the rear and side property lines) of all private residential lots. If not
specifically addressed above, said fencing shall be required along all
property lines directly abutting common open space lots. Said fencing
shall meet the minimum standard design requirements of pool fencing.
Fencing located between the residential lots and the driving range shall
be a maximum 6' high decorative wire mesh link with links small enough
to ensure that golf balls from the driving range will not penetrate said
fence. Any change to these criteria must be approved by the Director of
Community Development.
(Resolution No. 2008-085: F-1)
1) This approval is for the re -alignment of the bicycle and pedestrian
trial along the western project boundary, as shown in the plans
approved by the City Council on November 4, 1998, including a 42"
high wood post and cable type fence to be constructed along the
western side of the pedestrian trail.
(City Council -Approved on November 17, 1998)
2) The development shall construct a 30" high slumpstone wall along
the northwestern corner of the entrance from Palos Verdes Drive
South onto Street "C". The exact location to be determined by the
Director of Community Development.
(City Council -Approved on November 17, 1998)
3) Prior to approval of the Landscape Plan for Lot "D", the developer
shall coordinate with the City and representatives of the Community
Association of Tract 16540 to ensure that the proposed landscape
plans address the concerns of the Community Association, subject to
review and approval by the Director of Community Development.
(City Council -Approved on November 17, 1998)
b. Vesting Tentative Tract Map No. 50667
Except for Lot Nos. 20 through 23, a decorative, minimum height 5',
maximum height 6' fence which allows a minimum of 90% light and air
to pass through shall be required along all street side setbacks and
within all rear setback areas (along the rear and side property lines).
Said fencing shall also be required along the western side property line
of Lot Nos. 34 and 35. If not specifically addressed above, said fencing
shall be required for all property lines directly abutting common open
space lots or the golf course. Said fencing shall meet the minimum
standard design requirements of pool fencing. Any change to these
criteria must be approved by the Director of Community Development.
A decorative, uniform wall or fence shall be required along the rear
property lines of Lot Nos. 20 through 23.
(Resolution No. 2008-085: F-1)
4. Chain link or other wire fencing is prohibited on any portion of any lot within the
project, except as otherwise required by the project biologist for habitat
protection or as required through Condition L -3.a).
(Resolution No. 2008-085: F-2)
5. Within the front and street side setback areas, fences, walls, or hedges up to
a maximum of 24" in height shall be permitted.
(Resolution No. 2008-085: F-3)
6. Areas of the site that are not to be disturbed during grading or construction, or that
are to be protected in accordance with the mitigation monitoring program
established in Environmental Impact Report No. 36, Supplements thereto, and
project certified Mitigated Negative Declarations, shall be temporary fenced during
construction, subject to the review and approval of the Director of Community
Development.
(Reso. No. 2016-038: D-3)
M. FLAG POLE
1. The conditions found under Section V. of Conditional Use Permit No. 163 pertain
to the approval of Revision BB to the project, as approved by the City Council on
March 20, 2007, and amended on July 17, 2007 and February 16, 2016,
approves the erection of a 70' tall flagpole near the back tee of Golf Hole #1 for
the purpose of flying the flag of the United States of America. No other flag, object
or display shall be flown form such flagpole without the approval of the City
Council. The Applicant shall be responsible for abiding by all laws related to the
flag of the United States as found in United States Code, Title 4, Chapter 1.
2. Prior to 60 days after final action by the City Council on February 16, 2016, the
Applicant shall dedicate 25ft2 (5' x 5') of property around the existing flag pole
base to the City. Upon recordation, the City will henceforth be the owner of
said property and the amenities located thereon. The Applicant shall be
responsible for paying all necessary fees for the preparation of Grant Deed
documents, including the legal description of said property and review by the
City Engineer and City Attorney.
3. Prior to 60 days after final action by the City Council on February 16, 2016 and
prior to recordation of the Grant Deed that dedicates the 25ft2 property beneath
the flag pole to the City, the Applicant shall obtain a building permit and a final
on said permit for the flag pole. The Applicant shall be responsible for paying all
necessary after -the -fact penalty fees for such building permit.
4. The Applicant shall be responsible for raising and lowering the flag on a daily
basis in compliance with all laws related to the United States Flag found in
West End Bicycle Trail, Pedestrian Trail and Wall
Along Western Boundary of the Protect Site
Conditions of Approval
As Approved by the City Council on November 17, 1998
This approval is for the re-alignm6nt of the bicycle and pedestrian trail along the
western project boundary, as shown in the plans approved by the City Council
on November 4, 1998, including a 42" high wood post and cable type fence to be
constructed along the western side of the pedestrian trail.
2. The developer shall construct a new wall between the Upper Portuguese Bend
Tract No. 16540 and the western end of the Ocean Trails site. The wail type,
height and location along the western boundary line shall be consistent with the
following table:
Tract No.
16540,
Lot #:
Wall Type:
10
6' high slumpstone block wall to be located 3' from existing zero setback
garage
22
6' high slumpstone block wall along existing property line
23
New Wall to tie into existing block wall located along Lot 23
24
6' high slumpstone block wall along existing property line
26
6' high slumpstone block wall from Lot 24 southward along property line
up to elevation 209', where it will step down to 5' in height
27
5' high slumpstone block wall from Lot 26 to tie into existing 5' high block
wall fence
28 1
5' high slumpstone block wall from Lot 27 to tie into face of garage
in order to construct the wall as shown for Lot 10, a Lot Line Adjustment must be
approved. A lockable, self -latching, self-closing gate may be installed within the
wall of Lot 26.
3. The developer shall construct a 30" high slumpstone wall along the northwestern
corner of the entrance from Palos Verdes Drive South onto Street "C". The
exact location to be determined by the Director of Planning, Building and Code
Enforcement.
West End Bicycle Trail, Pedestrian Trail and Wall
Along Western Boundary of the Project Site
Conditions of Approval - November 17, 1998
Page Two
4. Prior to approval of the Landscape Plan for Lot "D", the developer shall
coordinate with the City and representatives of the Community Association of
Tract 16540 to ensure that the proposed landscape plans address the concerns
of the Community Association, subject to review and approval by the Director of
Planning, Building and Code Enforcement.
A:1120398KZ
From: Teresa Takaoka
Sent: Tuesday, June 19, 2018 9:28 AM
To: Nathan Zweizig
Subject: FW: Trump Revision FFF on June 19th RPV City Council mtg.
From: So Kim
Sent: Tuesday, June 19, 2018 9:28 AM
To: Lenee Bilski <leneebilski@hotmail.com>
Cc: CC <CC@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov>; Doug Willmore <DWillmore@rpvca.gov>
Subject: RE: Trump Revision FFF on June 19th RPV City Council mtg.
Dear Lenee,
Please see my responses in red below.
Sincerely,
So Kim, AiCP
Deputy Director/Planning Manager
Community Development Department
City of Rancho Palos Verdes
www.rpvca.gov
(310) 544-5222
From: Lenee Bilski <leneebilskighotmail.com>
Date: June 18, 2018 at 7:53:57 PM PDT
To: "CC(ae,rpvca.gov" <CCkKpvca.g_ov>
Cc: So Kim <SoKgrpvca.gov>, Ara M. <aramgrpvca.gov>
Subject: Trump Revision FFF on June 19th RPV City Council mtg.
June 18, 2018
Trump Revision FFF
Dear RPV Mayor Brooks and City Council Members,
I respectfully request a continuance of this item. There are many questions, some errors, and missing
information which prevent making a fair decision on this item on June 19th.
The WALL
The purpose of a wall along the west perimeter (or fencing of some kind) is to "Buffer" the public
trails in this area from the adjacent residences in the Portuguese Bend Community (PBC). That area
is Lot D which is to be 32 ft. wide native habitat and Fire Buffer zone. It needs to be protected. Lot D
is required to be at minimum 1.0 acres in size and the bicycle path must be at least 32' away from the
Portuguese Bend Club, not that Lot D is required to be 32' wide. Please refer to Condition No. K7 of
the proposed conditions.
Did you see that there are five (5) gates from the private PBC residences onto Lot D of the Trump
property?
Now there is no problem because currently there is only dirt and weeds in Lot D area along the 1�y
I
Portuguese Bend Community. Once landscaped, what will prevent residents and even the public
from walking across the habitat area forming unpermitted trails?
What will serve as the "buffer"? Something to think about.
Missing:
There is no Habitat Conservation Plan submitted with this Revision Request addressing the issue of
these gates opening onto Lot D (if the perimeter wall or some type of fencing is not built.) There is
an approved Habitat Conservation Plan for the Trump project. Please let me know if you would like a
copy. The HCP is not related to Revision FFF.
Since people are not allowed to walk through native habitat, using those gates in the future to walk
across the 32 ft. of habitat would be a misdemeanor. Have you considered that? Enforcement ?
Currently Lot D is owned by the Trump organization. People using their private gates and walking
onto the golf course is no different than someone walking across their neighbor's property. That is a
private matter and the City will not be involved. Having said that, Lot D will be dedicated to the City in
the future. The City will figure out a way to address the matter at that time. This matter is not related
to Revision FFF.
Questions:
Also, there are property line irregularities for Lots 10, 22 and 28 which need to be resolved and
which have a direct bearing on whether or not the buffer wall is built.
The Staff Report indicates that lot line adjustments may or may not be made depending on whether a
wall is built. Do you understand that? Did you walk the area? Did you see how Lot 10's structure
has no setback? How is an owner supposed to do maintenance on the building? - ask the developer
each time for permission to step onto the Trump ground? This is ludicrous.
And also there seems to be a survey discrepancy as to the property line for Lots 28 and 22 as well as
lot 10 which should be resolved before consideration of a wall or fence. The proposed request is to
eliminate the construction of the west perimeter wall. As part of that requirement, the Trump
organization is required to process a Lot Line Adjustment with Lot 10 (first property at the west
perimeter near PVDS) so that they can build a wall at least 3' away from the garage wall. The reason
behind this is because there was an assumption that the property line aligns with the garage wall,
meaning that Lot 10 has no additional yard space beyond that. However, if the wall requirement is
removed, as requested by both the Applicant and all of the adjacent property owners except Lot 10,
the requirement for the Lot Line Adjustment also goes away.
Similar to Lot 10, most of the structures in the Portuguese Bend Club have non -conforming setbacks
and lot coverages. This type of non -conformity is not uncommon on other properties throughout the
City. Just because some properties have non -conforming setbacks doesn't mean that the abutting
neighbor is required to transfer some of their property to them. I was informed that there are 1 or 2
additional property owners in the Portuguese Bend Club who would like to process a lot line
adjustment with the Trump organization to expand their yard space. This is a private matter between
the parties and should they come to an agreement, they may choose to submit a Lot Line Adjustment
to the City for processing. As of now, there are no applications submitted to the City.
Please do not make a decision on the wall at this time. The Lot Line Adjustment is a private matter is
unrelated to Revision FFF.
CONSOLIDATION OF CONDITIONS OF APPROVAL
Revision FFF is very long and complex. I have read and reviewed the first 60 pages, the Map and
correspondence. Much more to review regarding the consolidation of Conditions of Approval. Not a
good idea. I would prefer that they NOT be consolidated. It's so easy to make mistakes or
omissions. I would prefer to see Conditions of Approval K.4 - K. 19 (these are the new condition
numbers and are grouped together, these are old ones) grouped together instead of being noted
here and there in Exhibit A.
PUBLIC AMENITIES MAP
Missing:
18. "The driving range and all practice putting greens shall be available for use by the
general public at all times that the golf course is open to the general public"
(Resolution No. 2016-08: G-13) page A-56
The Pubic Amenities Map does not show the practice/putting green on the west side of the Driving
Range. Was that ever approved? It is not in Revision W which was approved to build the Driving
Range. There are practice/putting greens on the west side of the Driving Range, which is shown on
the Public Amenities Plan.
Also a very important item for this delicate terrain is drainage on the west boundary of the Trump
property. This is missing though mentioned in the Staff Report. The PBC could be adversely
impacted. The Drainage Plans should provided along with the Amenities Map. Drainage is not related
to Revision FFF or the Public Amenities Plan. There are a number of drainage related conditions
required as part of the project, many that have already been met. The Trump organization is working
with the Public Works Dept and the County to meet all of the required conditions at this time.
Missing:
7. "The final design/grading plan of the driving range shall identify the layout
of the driving range and other improvements, including drainage structures, utility
easements, golf cart paths, and public trails. Wherever possible, the final design
of the driving range shall minimize any conflict between the use of the golf holes
and the public trails." (Resolution No. 2016-08: F-7) page A-28 No. 7 This is not related to Revision
FFF.
The Public Amenities Map legend indicate ar� een line for the motorized cart path,
but there are no green lines on the west side of Tr. 50666 (in the vicinity of the Driving Range). Where
will the golf carts and maintenance carts go ??? You will find that the Public Amenities Map only
identifies the locations ofup blic paths/trails. This map does not identify any existing or proposed cart
paths, as they are separated from the public paths/trails. While the previous 1997 version did have
some sections to be shared with golf carts, the new map eliminates this. This basically means that
golf carts may not use the public bicycle paths and pedestrian trails. The golf carts will simply need to
drive over portions of the driving range, similar to when they need to do so to pick up the golf balls.
When I phoned the City and inquired about the lack of the green lines, So Kim said they were
removed from the current Map and therefore would not be allowed on the pedestrian paths and
bikeways. When I wrote asking Ms. Kim for something in writing (condition/resolution) pertaining to
using motorized carts in Tract 50666 and the change from 1997 to the current plan she replied:
Hi Lenee,
Please take a look at the TRAILS LEGEND, nos. 8 and 9. The 1997 plan shows these paths to also allow
golf carts, which appears to be removed on the 2018 version. The 1997 was approved by both the City
Council and Coastal. There are several conditions of approval that do allow for pedestrian trails and
bike paths to be combined with golf cart paths. There's no prohibition.
Sincerely,
So Kim, AICP
Deputy Director/Planning Manager
WHO removed them from the Approved Plan? Why? How frustrating and confusing. If it's not in
writing or on the drawn plans there's no possibility of enforcement. Trump organization removed it.
3
Isn't this a better? Most trail/path users prefer that motorized vehicles lanes be separated from
bicycle paths and pedestrian trails. There would be nothing to enforce if they are proposing not to
use it for motorized vehicles.
Error:
Y.
PUBLIC AMENITIES PLAN
20. "PRIOR TO ISSUANCE OF ANY GRADING PERMIT, OR PRIOR TO
RECORDATION OF ANY FINAL MAP, WHICHEVER OCCURS FIRST, the
developer shall submit a detailed Public Amenities Plan, including signage,
specific design standards and placement for all trails, vista points and parking
facilities, and other amenities "
(Resolution No. 2008-085: G-1) page A-59
The West End Bicycle Path is supposed to begin at the northwest corner of Tract 50666 at Palos
Verdes Dr. South. This Public Amenities Map does not show it beginning at PV Dr. South but next
to lot 23 in Tr. 50666 ! It's in the text of the Staff Report but not on the Map. Please continue this
item. The Class II bicycle path continues from PVDS onto the new street (Costa de la Islas) then
connects to a Class I bicycle path adjacent to Lot 23.
(Resolution No. 2005-143: L-7) pages A36, A-37
Missing:
There is one crucial difference with assigning a trail TYPE in that it requires that foliage be kept
trimmed back at least 12/14 feet above and at least 2 feet wider than the trail tread.
A type 7 path is okay with a 2ft. wide trail tread, but we need designated authorization to keep the
prism (4ft. for type 7) trimmed of the foliage That must be written into the Trump COA's.
Conditions, if not written in same language as 2012 Criteria in Trails Network Plan update,
then future maintenance of these trails is in jeopardy What about trimming of the habitat foliage
alongside the West Bluff Trail which is designated for pedestrian and bicycle use? The trail runs
between the cliff and the habitat area and is very narrow. It needs a designated authorization
spelled out - nothing left to individual "interpretation" of COA's. Specifying the "prism" criteria is
the ideal way to keep the habitat from taking over the trail corridors. What you are requesting is to
revise all of the conditions related to the bicycle paths and pedestrian trails. Staff is not proposing to
amend any conditions, except for the removal of a single condition related to the construction of the
west perimeter wall. Staff does not recommend revising any conditions of approval, especially related
to trails/paths, as most of these have already been improved except for the portion around the
driving range.
I will attempt to finish reading the remainder of the Consolidation of Conditions before the CC
meeting.
I appreciate your time and efforts for RPV. Again I ask for a continuance of this item.
Ever vigilant,
Lenee Bilski
resident since 1962
From: So Kim
Sent: Tuesday, June 19, 2018 10:08 AM
To: CityClerk
Subject: FW: R J Geraci, 4105 Maritime rd RPV CA 90275 - PBC Tract 16540 - Retention of Trees
Attachments: 20081031vs and Portuguese Bend LLA.pdf
Please include this as late correspondence.
Sincerely,
So Kim, AICP
Deputy Director/Planning Manager
Community Development Department
City of Rancho Palos Verdes
www.rpV—C-19ov
(310) 544-5222
From: So Kim
Sent: Tuesday, June 19, 2018 10:08 AM
To: 'robert geraci' <elkrut@hotmail.com>
Cc: CC <CC@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov>
Subject: RE: R J Geraci, 4105 Maritime rd RPV CA 90275 - PBC Tract 16540 - Retention of Trees
Good Morning,
I don't know why the decision was made to build the wall only to your garage. All I know is that, based on records found, it
appears that the Trump organization and City Staff met with each of the homeowners who owned property along the shared
property line to discuss the type of wall desired. The location, height, and type of wall was based on this cooperative
agreement, which was ultimately approved by the City Council. Attached is a memo from City Staff to the Trump organization,
along with the Conditions of Approval as a reference.
Sincerely,
So Kim, AICP
Deputy Director/Planning Manager
Community Development Department
City of Rancho Palos Verdes
www.r vca. ov
(310) 544-5222
From: robert geraci [mailto:eikrut"@hotmail.com
Sent: Monday, June 18, 2018 8:59 PM
To: So Kim <SoK@rpvcagov>
Subject: Re: R J Geraci, 4105 Maritime rd RPV CA 90275 - PBC Tract 16540 - Retention of Trees
Thank you So
I need to know, why the decision was made to build the wall only to my garage? Whose recommendation was it to
stay clear of my S/E lot line? And why. I will need an answer to this tomorrow night. I suspect I know why the
decision was made but I'd like to see the written development plan reasons, even if they go back 15 or 20 years
Thanks for your help
Robert
q�
Sent from my iPhone
On Jun 18, 2018, at 3:55 PM, So Kim <SoK6; i),r vca. 7ov> wrote:
Hello Mr. Geraci,
Thank you for meeting with City Staff and the Applicant (Trump organization) last week to discuss your
concerns. As you are aware, all of these concerns, other than the west perimeter wall, are not subject to
tomorrow night's meeting.
Tomorrow night's meeting is regarding the following:
1) Eliminate the re uirement to construct the west perimeter wall — Based on your previous and current
email, I understand that you are opposed to the construction of the wall in the location approved by
the City Council in 1998. Your previous email was attached to the Staff Report that was distributed to
the City Council and this email will be considered late correspondence.
2) Consolidate all of the conditions of approval tied to the..Tru.mp National Golf Club ro ert
3) Update the Public Amenities Plan
Your email below regarding all other concerns will be attached and addressed in the future staff report that
will be prepared for the City Council re: the Final Tract Map 50666 in August 2018.
Sincerely,
So Kim, AICP
Deputy Director/Planning Manager
Community Development Department
City of Rancho Palos Verdes
www. rpvca.gov
(310) 544-5222
From: robert geraci [mailto:elkrut@hotmail.com]
Sent: Monday, June 18, 2018 3:18 PM
To: CC <CC@rpvca.gov>
Subject: R J Geraci, 4105 Maritime rd RPV CA 90275 - PBC Tract 16540 - Retention of Trees
Dear City Council
I am a resident at 4105 Maritime Road, Rancho Palos Verdes CA, 90275, Portuguese Bend Club, Tract
16540, adjoining the Ocean Trails, fire buffer lot (Lot D).
I have an issue with the proposed wall as presented, in that it is planned to run from the S/E corner of
Lot 27, (above me) to br=e attached to my garage. This would eliminate approx 5 feet of my property,
and per my surveyors records, that is not the developers' land. There seems to be much confusion
here.
I reference my June 6, 2018 letter / email to the Community Development dept and the Trump
Organization, where I cited issues with the soil retention on the southeast side of my property, and the
trees protecting that portion.
The drainage plan and landscaping plans relative to this development are critical to my soil risk
avoidance. I have not seen these plans, but I have heard that the non-native plants proposed would
preclude the trees that are protecting my lot, and the fill that was installed there in 1958. These trees,
due to the positioning of a fence line at the time, were planted by previous owners of my residence on
property that they thought was theirs to control, but in reality are on Trump land. Without them, the
fill soil, which was added to Trump property and my property, would accelerate its deterioration. As
the trump fill (closer to the Trump ravine) continues to erode/creep, it continues to drag my fill down
also. My. lot has already experienced a 13 inch drop in my hardscape installed on the east side of the
property. This sunk portion is a total loss. The proposed development /landscaping plan and the
elimination of these trees, would further put my property in jeopardy.
Further, I have not seen the drainage plan. This plan would provide me with the information with
which to assess my risk tolerance of surface water runoff in the ravine next to my property on Trump
land.
I am attaching a copy of a study done 5 years ago by Coast Geotechnical ( soils engineering) related to
a property in Rolling Hills which has similar issues with the soil runoff/erosion, tree root
concentration, and that required to retain the soil in a stable condition.
It is clear from the report, that these trees on Trump property are critical to soil retention for me. This
is the same finding that was concluded in the Converse Engineering study of my lot in 1958, (study
provided to all on June 6).
I would appreciate the City Council looking into this matter, and in order to give it the proper effort, I
am requesting a continuance of this issue to a future City Council meeting.
Thank You for your consideration
Robert Geraci
4105 Maritime Road
RPV, CA 90275
Phone. 714 206 6203
CITY OF lLiRANCHO PA
PLANNING, BUILDING, & CODE ENFORCEMENT
October 31, 2008
Mr. Vincent Stellio
V.H. Property Corp.
Trump National Golf Club
One Ocean Trails Drive
Rancho Palos Verdes, CA 90275
Subject: Re -location of Wood Fence
Dear Mr. Stellio:
The City is aware that on October 23, 2008, the Trump Organization re -located a
portion of an existing wood fence located between property owned by V.H. Property
Corp. (the Trump Organization) and property owned by Ms. Leeds at 4048 Palos
Verdes Drive South. It is Staff's understanding that the wood fence was moved to a
location on or near what the Trump Organization believes to be the property line
between the two subject properties. Staff also understands that there may be a dispute
between the Trump Organization and Ms. Leeds as to the exact location of the property
line and ownership of certain property.
While the City does not involve itself in property line disputes between private parties,
Staff felt it appropriate to remind you of specific conditions of approval that require the
Trump Organization to construct a new wall along the property line between the Trump
Organization's property and the private residential property owners within the
Portuguese Bend Club, which includes Ms. Leeds' property. As you may know, CUP
No. 162, Condition No. F.1.c., requires the following:
® "In addition, a solid wall, minimum height five (5) feet and maximum height six (6) feet, shall be
required along the west side property line to buffer the public trails in this area from the adjacent
residences in the Portuguese Bend Club. The final location, length and configuration of this solid
wall shall be reviewed and approved by the City Council prior to the commencement of grading
within the phase of the project adjacent to the Portuguese Bend Club. "
In compliance with this condition, in 1998, the prior property owner, Ocean Trails L.P.,
obtained approval from the City Council on the type of wall to be constructed along this
property line. It should be noted that prior to obtaining Council approval, the prior
property owner and City Staff met with each of the homeowners who owned property
adjacent to the proposed wall to discuss the type of wall desired along this property line.
Through this very cooperative approach, an agreement on the type of wall was reached
30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275-5391
PLANNING/CODE ENFORCEMENT (310) 544-5228 / BUILDING (310) 265-7800 / DEPT. FAX (310) 544-5293 / E-MAIL PLANNING@RPV.COM
Mr. Vincent Stellio
October 31, 2008
Page 2 of 2
between Ocean Trails L.P. and the adjacent property owners prior to the Council
reviewing and approving the wall.
Attached is a copy of the Council adopted conditions of approval that describe the
location, height and type of wall to be constructed along the western property line. As
noted in Condition No. 2, the portion of the wall adjacent to Lot #10, which is now
owned by Ms. Leeds, was to be a six foot high slumpstone block wall located 3' from
what was believed to be an existing zero -setback garage. Additionally, Condition No. 2
required that a Lot Line Adjustment be approved to accommodate a 3' distance
between the garage and the new wall. The purpose of moving the property line was to
provide adequate space for the owner of Lot #10 to maintain his/her structure. At that
time, all parties were in agreement with these conditions. As such, prior to constructing
the wall, you will need to comply with the attached conditions of approval.
As you know, since the wall was approved in 1998 there have been changes in
ownership and as a result some of the new property owners may desire a different type
of wall than that originally approved by Council. As such, Staff requests that you work
cooperatively with each of the property owners to confirm if it is still their desire for the
type of wall that was approved in 1998. As any changes would require Council
approval, Staff would like to attend any meetings between you and the property owners
to discuss the wall. If you would like me to set up a meeting with all of the property
owners, City Staff and yourself, please let me know. Otherwise, so as to keep
interested parties aware of your intentions, can you please respond to this letter with a
written acknowledgment noting that you understand that the Trump Organization must
comply with the attached conditions and identify what your future plans are for
constructing the wall?
If you have any questions, please contact me at (310) 544-5228 or via email at
qre. p _rpv.com. I look forward to receiving your reply.
Si cerely,
--a
Gregory Pfost, AICP
Deputy Planning Director
Attachment
cc: David Conforti, Trump National Golf Course
Jessica Leeds, 4048 Palos Verdes Drive South, RPV
Carolyn Lehr, City Manager
Joel Rojas, Director
Carol Lynch, City Attorney
Project File
XA1est end Bicycle Trail, Pedestrian Trail and Wall
Along Western Boundary of the Project Site
Conditions of Approval
As Approved by the City Council on November 17, 1998
This approval is for the re -alignment of the bicycle and pedestrian trail along the
western project boundary, as shown in the plans approved by the City Council
on November 4, 1998, including a 42" high wood post and cable type fence to be
constructed along the western side of the pedestrian trail.
2. The developer shall construct a new wall between the Upper Portuguese Bend
Tract No. 16540 and the western end of the Ocean Trails site. The wall type,
height and location along the western boundary line shall be consistent with the
following table:
Tract No.
16540,
Lot M
Wall Type:
10
6' high slumpstone block wall to be located 3' from existing zero setback
garage
22
6' high slumpstone block wall along existing property line
23
New Wall to tie into existing block wall located along Lot 23
24
6' high slumpstone block wall along existing property line
26
6' high slumpstone block wall from Lot 24 southward along property line
up to elevation 209', where it will step down to 5' in height
27
5' high slumpstone block wall from Lot 26 to tie into existing 5' high block
wall fence
28 1
5' high slumpstone block wall from Lot 27 to tie into face of ara e
In order to construct the wall as shown for Lot 10, a Lot Line Adjustment must be
approved. A lockable. self -latching, self-closing gate may be installed within the
wall of Lot 26.
3. The developer shall construct a 30" high slumpstone wall along the northwestern
corner of the entrance from Palos Verdes Drive South onto Street "C". The
exact location to be determined by the Director of Planning, Building and Code
Enforcement.
West End Bicycle Trail, Pedestrian Trail and Wail
Along Western Boundary of the Project Site
Conditions of Approval - November 17, 1998
Page Two
4. Prior to approval of the Landscape Plan for Lot "D", the developer shall
coordinate with the City and representatives of the Community Association of
Tract 16540 to ensure that the proposed landscape plans address the concerns
of the Community Association, subject to review and approval by the Director of
Planning, Building and Code Enforcement.
AM 20398KZ
From: So Kim
Sent: Tuesday, June 19, 2018 3:40 PM
To: CityClerk
Subject: FW: Criteria concerns. California Coastal Trail across Tracts 50666 and 50667
Late correspondence.
Sincerely,
So Kim, AicP
Deputy Director/Planning Manager
Community Development Department
City of Rancho Palos Verdes
www.rpvca.gov
(310) 544-5222
From: SUNSHINE [mailto:sunshinerpv@aol.com]
Sent: Tuesday, June 19, 2018 3:33 PM
To: Zach.Rehm@coastal.ca.gov
Cc: So Kim <SoK@rpvca.gov>; leneebilski@hotmail.com; CC <CC@rpvca.gov>
Subject: Re: Criteria concerns. California Coastal Trail across Tracts 50666 and 50667
Hi Zach,
Thank you for the photos and conditions report. This one, following, is a beautiful example of what the
"prism" portion of the CRITERIA is all about. In Tract 50666, all of the trail treads are supposed to be at
least 4' wide. By designating this one as a TYPE 5, the wall and the fence would need to be 6' apart
(reduces user conflicts when passing) and the encroaching foliage should never be allowed over the trail
tread. If this one was designated as a TYPE 7, the 4' prism width would be acceptable however, a 2' wide
trail tread would not accommodate the projected volume of users. These are both planning and
maintenance issues. Get it done right, now, and there will be fewer problems in the future.
In this case there also seems not to be any conditions to mitigate potential erosion on the trail tread. The
wall and fence are in place and there is evidence of enough erosion to be a safety concern. There have
been problems in the past when drainage is not addressed until the entitlements have been
approved. Best practices for water flow control should be engineered before they might need to be
compromised by habitat damage mitigation.
What is the official position about designating the CCT as the most seaward trail as opposed to the moor
direct and user-friendly user-friendly off-road route? The West Portal Trail 5b and the West Bluff Trail 14
create a continuity issue from a user's point of view. A similar situation exists in a couple of places at
Terranea.
Thank you for watching over our CCT. ...Sunshine 377-8761
In a message dated 6/19/2018 11:28:48 AM Pacific Standard Time, Zach.Rehmgcoastal.ca.gov writes:
Thank you Sunshine and So. Just a few notes for the City Council, staff, and members of the public to consider:
While the Trump organization has submitted a revised Public Amenities Plan to Coastal Commission staff, it has not
been formally authorized by the Executive Director as required by CDP A -5 -RPV -93-005 (the most recent permit
amendment has not yet been issued because the special conditions have not all been satisfied).
Sunshine is correct that Coastal Trail insignias are required on Signs 3 [Beach Access Trail], Signs 24 [Preserve Rules],
as well as at the pedestrian corner of the new PV Drive/Cosa De Las Islas intersection. Those are not called out on the
Trails and Amenities Plan but are required as part of compliance with the approved permit. See attached photos from
a recent site visit for a sample of signs that need to be updated or replaced.
I have no comment on the trail maintenance criteria issue.
Thanks again for your comments.
Zach Rehm
Senior Transportation Program Analyst
California Coastal Commission
200 Oceangate, 10th Floor
Long Beach, CA 90802
(562) 590-5071
From: So Kim [mailto:SoK@rpvca.gov]
Sent: Tuesday, June 19, 2018 11:09 AM
To: SUNSHINE; CC
Cc: Rehm, Zach@Coastal
Subject: RE: Request for continuance for California Coastal Trail across Tracts 50666 and 50667
Hi SUNSHINE,
As previously discussed, the purpose of Revision FFF is to update the Public Amenities Plan (more accurate alignment
of the paths/trails) and consolidate all of the existing Conditions of Approval. Staff is not proposing to revise any
conditions of approval, especially those related to bicycle paths or pedestrian trails as most of them have already
been improved except for the portions around the driving range. Additionally, the Trump organization has already
submitted the final version of the Public Amenities Plan to the Coastal Commission for their consideration.
Sincerely,
So Kim, AICP
Deputy Director/Planning Manager
Community Development Department
City of Rancho Palos Verdes
..•1�1�'dl�l'Lf.�.{�1'I
(310) 544-5222
From: SUNSHINE [mailto:sunshinerpv@aol.com]
Sent: Tuesday, June 19, 2018 10:52 AM
To: CC <CC@rpvca.gov>
Cc: So Kim <SoK@rpvca.gov>; zach.rehm@coastal.ca.gov
Subject: Request for continuance for California Coastal Trail across Tracts 50666 and 50667
June 19, 2018
MEMO from SUNSHINE
TO: RPV City Council, Staff and interested parties
RE: Request for continuance for California Coastal Trail across Tracts 50666 and 50667
I have been working with Staff in relation to the California Coastal Trail (CCT) and the Trails
Network Plan (TNP) Updates literally, for decades. On these tracts in particular, they still do not
have both the development objectives and the maintenance criteria adequately
documented. Please give them a little more time to get it right. Plus, locations of the CCT Insignias
must be proposed for approval by the Coastal Commission. ...S
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Palos Verdes Drive (not Trump)
From: Teresa Takaoka
Sent: Tuesday, June 19, 2018 4:02 PM
To: Nathan Zweizig
Subject: FW: CONTINUATION OF TONIGHT'S AGENDA ITEM #4
From: Ali Derek [mailto:aliderek@gmail.com]
Sent: Tuesday, June 19, 2018 3:58 PM
To: CC <CC@rpvca.gov>
Subject: CONTINUATION OF TONIGHT'S AGENDA ITEM #4
Dear Esteemed Council Members,
My name is Ali Derek, I am the President of the Seaview Residents Association (representing 270 households). I am
writing to request an extension for agenda item #4, Revision FFF, regarding Trump National Tracts #50666 and
#50667.
We were scheduled to have our annual residents meeting last Wednesday night, June 13th at 6:30pm at Ladera Linda
Community Center to discuss the above mentioned matter among other important community issues; however an hour
before our meeting, we received word from Ladera Linda Staff that our meeting was being cancelled and the entirety
of the property was on lock down due to police activity trying to locate a reported gunman in the area.
Due to the exigent nature of our meeting, we were not able to discuss and form a consensus opinion regarding the
requested revision FFF; and therefore would be disadvantaged in our ability to bring the community's concerns to the
Council's attention.
I respectfully ask on behalf of Seaview that discussion on Agenda item #4 be continued to a later date to allow for a
thorough community discussion.
Thank you in advance for your time and consideration.
Sincerely,
Ali Derek, President-Seaview Residents Association
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I ,
fPsi�
�f
CITYOF RANCHO PALOS VERDES
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: CITY CLERK
DATE: JUNE 18, 2018
SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA
Attached are revisions/additions and/or amendments to the agenda material received
through Monday afternoon for the Tuesday, June 19, 2018 City Council meeting:
Item No. Description of Material
Public Comments Email from Thomas Bastasch
E Update to Attachment A (Blais & Associates, Inc. Agreement)
Email from SUNSHINE
4 Email from SUNSHINE; Email exchange between Community
Development Deputy Director Kim and Robert Geraci
5 Email exchange between City Manager Willmore and Sharon
Yarber; Emails from: Sharon Yarber; Lowell Wedemeyer; Ken
DeLong; Chip Zelt
Respectfully submitted,
A�—
Emily Co -Corn
WA01 City Clerk\LATE CORRESPONDENCE\2018 Cover Sheets\20180619 additions revisions to agenda thru Monday.doc
From: Emily Colborn
Sent: Friday, June 15, 2018 11:29 AM
To: Tom Bastasch
Cc: Teresa Takaoka; Nathan Zweizig
Subject: FW: Please Pass a Constitution Compliance Ordinance/Resolution--Disregard/Opt out of SB 54
Attachments: RPV Letter City Council for Constitution Ordinance.docx
Mr. Bastasch,
I forgot to mention that we will include your letter as late correspondence at the June 19 Council meeting.
Please consider the environment before printing this e-mail,
From: Tom Bastasch [mailto:tombastasch@gmail.com]
Sent: Friday, lune 15, 2018 11:10 AM
To: CC <CC@rpvca.gov>
Subject: Please Pass a Constitution Compliance Ordinance/Resolution--Disregard/Opt out of SB 54
Greetings Rancho Palos Verdes City Council,
Attached is a letter expressing an issue I would like to address July 3rd of next month. I will be at the meeting held
June 19th to introduce my concerns.
Thank you for your time,
Thomas Bastasch
Public,
Com wvq�
Emily Colborn, MMC, City Clerk
City of Rancho Palos Verdes
`
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90775
(310) 544-5208
Please consider the environment before printing this e-mail,
From: Tom Bastasch [mailto:tombastasch@gmail.com]
Sent: Friday, lune 15, 2018 11:10 AM
To: CC <CC@rpvca.gov>
Subject: Please Pass a Constitution Compliance Ordinance/Resolution--Disregard/Opt out of SB 54
Greetings Rancho Palos Verdes City Council,
Attached is a letter expressing an issue I would like to address July 3rd of next month. I will be at the meeting held
June 19th to introduce my concerns.
Thank you for your time,
Thomas Bastasch
Public,
Com wvq�
Dear Rancho Palos Verdes City Council and staff:
My name is Thomas Bastasch, a life-long Rancho Palos Verdes resident deeply concerned about
SB 54, the sanctuary state law which is endangering our public safety officers, our businesses,
and our fellow citizens.
I am writing this extended letter to all of you urging the city to pass an ordinance/resolution
rejecting compliance with the unconstitutional California Values Act, i.e. SB 54. The legislation
creates a direct conflict for municipal governments between compliance with state and federal
law.
This crisis must be resolved, especially for private firms who must comply with federal law, yet
face fines and prosecution from the state attorney general for doing so. The same holds true for
police and other public safety and civil servants in the state of California. This schism between
federal and state law is untenable. Not only that, but SB 54 places public safety and peace
officers in considerable, unnecessary, and unfounded danger.
We are a nation of laws, and cities can draft ordinances/resolutions that reflect not just the oaths
of office taken by every elected official, but also the Supremacy Clause of the United States
Constitution (Art. VI, Sec. 2)
The City of Los Alamitos has submitted and approved an ordinance called "Constitution of the
United States Compliance," which resolves the above conflict for their city, civil staff, residents,
and businesses. They have opted to disregard SB 54 and comply with federal law. More cities
and counties must follow this example.
Here is a list (and growing!) of cities and counties which are opposing and opting out of SB 54:
Counties
Cities
25. Los Alamitos
1. Amador County
1. Adelanto
26. Mission Viejo
2. Butte County
2. Aliso Viejo
27. Murrieta
3. Calaveras
3. Anderson
28. Newport Beach
4. Kern County
4. Apple Valley
29. Orange
5. Mariposa County
5. Barstow
30. Ridgecrest
6. Modoc County
6. Beaumont
31. Ripon
7. Orange County
7. California City
32. San Dimas
8. San Diego County
8. Carlsbad
(Councilman filed
9. Shasta County
9. Colusa
separate brief)
10. Siskiyou County
10. Corona
33. San Jacinto
11. Tehama County
11. Costa Mesa
34. San Juan Capistrano
12. Tulare County
12. Dana Point
35. San Marcos (Mayor
13. Tuolumne County
13. Escondido
Filed separate brief)
14. Fountain Valley
36. Santa Clarita
15. Glendora
37. Simi Valley
16. Hanford
38. Tehachapi
17. Hemet
39. Upland
18. Hesperia
40. Villa Park
19. Highland
41. Waterford
20. Huntington Beach
42. Westminster
21. Laguna Niguel
43. Wildomar
22. Lake Elsinore
44. Yorba Linda
23. Lake Forest
45. Yuba City
24. Lincoln
46. Yucaipa
Other California cities are exploring their options. Keep in mind that jurisdictions like Pittsburg,
CA as well as Suffolk County, New York and Miami -Dade and Palm Beach in Florida have
rescinded their sanctuary status, too.
Sheriffs throughout the state are rejecting this lawlessness. El Dorado County Sheriff John
D'Agostini officially asserted that he would comply with federal law, not the contradictory state
law. Sheriffs in Orange County, Contra Costa County, and even liberal Alameda County are now
releasing the information on all inmates and their release times, including illegal aliens, in full
cooperation with federal agencies and in defiance of the unlawful, unconstitutional California,
Sanctuary State legislation. In Los Angeles County, Sheriff Jim McDonnell has taken every step
possible to ensure public safety and cooperate with ICE in spite of repeated pressure from
Sacramento politicians, the left-wing Board of Supervisors, and open -border advocates.
Here are the news articles announcing Los Alamitos' decision to opt out of SB 54:
http://www.foxla.com/news/local-news/los-alamitos-rejects-ca-state-sanctuary law
https://www.nbclosangeles.com/news/local/Los-Alamitos-Wei hg s=Opts-Out-of-So-Called-
S anctuary-Law-4773 49 5 73 . html
https://www.ocregister.com/2018/04/l6/sanctuary-rally-expected-in-advance-of-tonights-los-
alamitos-vote/
Rancho Palos Verdes can and must do the same. The city has the authority and the
responsibility to do so.
I have provided a template attached with the exact same language as the ordinance passed in Los
Alamitos.
Of course, the Rancho Palos Verdes city council should direct legal and civil staff to look over
the language of the ordinance to affirm that everything is in proper order.
For the FDF file of the Los Alamitos Ordinance, see below, pg. 171-173:
http://cityoflosalamitos.or-/g ?wpfb_dl=3092
Rancho Palos Verdes should take on the state legislature's affront to the rule of law imposed
on California's municipalities because of SB 54. The city has taken the lead on many issues. This
is one core matter which the city can and should take a stand on.
There are plenty of means to achieving these goals of opposing, upending, and stopping SB 54:
1. Pass Opt -Out Ordinance from SB 54
2. Pass Resolution Opposing SB 54
3. Issue a Stay of Compliance until the courts issue a final ruling on SB 54
4. File Lawsuit Against State of California
5. Join with Huntington Beach lawsuit against California
6. File Joinder with DOJ/Huntington Beach lawsuit
7. Urge your county sheriff to reject SB 54, comply with federal law, and publish all the
release times and dates for inmates, legal and illegal.
Thank you for your time.
Sincerely,
Thomas Bastasch
Email: tombastasch@gmail.com
From: Kit Fox
Sent: Monday, June 18, 2018 1:43 PM
To: CityClerk
Cc: Gabriella Yap
Subject: FW: 2018-2019 contract on June 19th agenda
Attachments: B&A PSA FY18-19 (revised).docx
Late Correspondence on Item E with amended Attachment A.
Kit Fox, AICD
Cit�j of rancho Palos Verdes
(310) 544-5226
kitf@r}_vca. ov
From: Neil Blais [mailto:nblais@blaisassoc.com]
Sent: Monday, June 11, 2018 1:23 PM
To: Kit Fox <KitF@rpvca.gov>; Destin Blais <dblais@blaisassoc.com>
Cc: Andrea Owen <aowen@blaisassoc.com>
Subject: RE: 2018-2019 contract on June 19th agenda
Kit,
I have just a couple of very minor comments that are not germane to the scope of the agreement, but represents minor
cleanup items.
1) On Page 7, Andrea's title should be just Western Regional Director (remove the Senior Associate).
2) On Exhibit C, I would adjust the hours and Sub -budget for item A and Item D as follows:
a. Item A Time — 200 hours; Budget - $20,000
b. Item D Time — 260 hours; Budget - $26,000
This is a more realistic representation of the cost splits we have seen historically but does not affect the overall
budget. All other line items are OK
3) On Exhibit D, item IV should read July 1, 2018 through June 30, 2019, inclusive.
Otherwise it all seems appropriate. Thank you.
Neil C. Blais
President & CEO
ot,
_171MR.P,
nt
Corporate HQ: (469) 579-5905
California Office: (949) 589-6338
Colorado Office: (855) 711-8886
Cell: (949) 322-3055
www.blaisassoc.com
Blais & Associates, Inc. Proudly Serves Clients Nationwide from Our Offices in:
California 9 Texas • Colorado • Oklahoma
-E,
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
BLAIS & ASSOCIATES, INC.
01203.0001/298339.3
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
BLAIS & ASSOCIATES, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and
entered into this 19th day of June, 2018 by and between the City of Rancho Palos Verdes, a
California municipal corporation ("City") and Blais & Associates, Inc., a Texas corporation
("Consultant"). City and Consultant may be referred to, individually or collectively, as "Party" or
"Parties."
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article I of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article I of this Agreement, was selected by the City
to perform those services.
C. Pursuant to the City of Rancho Palos Verdes' Municipal Code, City has authority
to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scone of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide
those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated
herein by this reference, which may be referred to herein as the "services" or "work" hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and
warrants that it has the qualifications, experience, and facilities necessary to properly perform the
services required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Consultant covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase "highest
01203.0001/298339.3
professional standards" shall mean those standards of practice recognized by one or more first-
class firms performing similar work under similar circumstances.
1.2 Consultant's Proposal.
The Scope of Service shall include the Consultant's scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement
shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 California Labor Law.
If the Scope of Services includes any "public work" or "maintenance work," as those terms
are defined in California Labor Code section 1720 et seq. and California Code of Regulations,
Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall
pay prevailing wages for such work and comply with the requirements in California Labor Code
section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following
requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be
performed under this Agreement is a "public work" as defined in Labor Code Section 1720 and
that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations ("DIR")
implementing such statutes. The work performed under this Agreement is subject to compliance
monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent
required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the
prevailing rate of per diem wages are on file at City Hall and will be made available to any
interested party on request. By initiating any work under this Agreement, Contractor acknowledges
receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing
rate of per diem wages, and Contractor shall post a copy of the same at each job site where work
is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with
and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment
of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The
Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day,
or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for
01203.0001/298339.3 2
the work or craft in which the worker is employed for any public work done pursuant to this
Agreement by Contractor or by any subcontractor.
(d) Payroll Records. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep
accurate payroll records and verify such records in writing under penalty of perjury, as specified
in Section 1776; certify and make such payroll records available for inspection as provided by
Section 1776; and inform the City of the location of the records.
(e) Apprentices. Contractor shall comply with and be bound by the provisions
of Labor Code Sections 1777.5, 1777.6, and 1777.7 and. California Code of Regulations Title 8,
Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor
shall be responsible for compliance with these aforementioned Sections for all apprenticeable
occupations. Prior to commencing work under this Agreement, Contractor shall provide City with
a copy of the information submitted to any applicable apprenticeship program. Within sixty (60)
days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors
shall submit to the City a verified statement of the journeyman and apprentice hours performed
under this Agreement.
(f) Eight -Hour Work Day. Contractor acknowledges that eight (8) hours labor
constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section
1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each
worker employed in the performance of this Agreement by the Contractor or by any subcontractor
for each calendar day during which such worker is required or permitted to work more than eight
(8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the
provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code
section 1815, work performed by employees of Contractor in excess of eight (8) hours per day,
and forty (40) hours during any one week shall be permitted upon public work upon compensation
for all hours worked in excess of 8 hours per day at not less than one and one-half (11/2) times the
basic rate of pay.
(h) Workers' Compensation. California Labor Code Sections 1860 and 3700
provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code Section
1861, Contractor certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract."
Contractor's Authorized Initials
01203.0001/298339.3
(i) Contractor's Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Contractor shall be responsible for such
subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of
the California Labor Code, and shall make such compliance a requirement in any contract with
any subcontractor for work under this Agreement. Contractor shall be required to take all actions
necessary to enforce such contractual provisions and ensure subcontractor's compliance, including
without limitation, conducting a review of the certified payroll records of the subcontractor on a
periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers
the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or
rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Consultant's
performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will materially
affect the performance of the services hereunder, Consultant shall immediately inform the City of
such fact and shall not proceed except at Consultant's risk until written instructions are received
from the Contract Officer.
1.7 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans, studies
and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City's own negligence.
1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
01203.0001/298339.3 4
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work,
and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty
(180) days, may be approved by the Contract Officer. Any greater increases, taken either separately
or cumulatively, must be approved by the City Council. It is expressly understood by Consultant
that the provisions of this Section shall not apply to services specifically set forth in the Scope of
Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided
pursuant to the Scope of Services may be more costly or time consuming than Consultant
anticipates and that Consultant shall not be entitled to additional compensation therefor. City may
in its sole and absolute discretion have similar work done by other contractors. No claims for an
increase in the Contract Sum or time for performance shall be valid unless the procedures
established in this Section are followed.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the "Special Requirements" attached hereto as Exhibit `B" and incorporated herein
by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other
provisions of this Agreement, the provisions of Exhibit `B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed Fifty Thousand Dollars ($50,000) (the "Contract Sum"), unless
additional compensation is approved pursuant to Section 1.9.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant's rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
01203.0001/298339.3
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. if
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and
expenses incurred during the preceding month in a form approved by City's Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance
with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual
expenses by the following categories: labor (by sub -category), travel, materials, equipment,
supplies, and sub -contractor contracts. Sub -contractor charges shall also be detailed by such
categories. Consultant shall not invoice City for any duplicate services performed by more than
one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed
invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event any charges
or expenses are disputed by City, the original invoice shall be returned by City to Consultant for
correction and resubmission. Review and payment by City for any invoice provided by the
Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable
law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
01203,0001/298339.3 6
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in the
"Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Maieure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Consultant shall
within ten (10) days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall
be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled
to recover damages against the City for any delay in the performance of this Agreement, however
caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one (1)
years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
«D»
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
Neil C. Blais
(Name)
Destin Blais
(Name)
Andrea Owen
(Name)
01203.0001/298339.3 7
President & CEO
(Title)
Founder
(Title)
Western Regional Director
(Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant's staff and
subcontractors, if any, assigned to perform the services required under this Agreement. Consultant
shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to
perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or any
of Consultant's officers, employees, or agents are in any manner officials, officers, employees or
agents of City. Neither Consultant, nor any of Consultant's officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City's employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the Deputy City Manager or such person as may be
designated by the City Manager. It shall be the Consultant's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer. The Contract Officer shall have authority, if specified in writing by the City
Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of
this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant's employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
01203,0001/298339.3 8
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with
Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the transfer
to any person or group of persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control of Consultant, taking all transfers into account on a cumulative
basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release the Consultant or any surety of
Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant's indemnification of City, and prior to commencement of any
services under this Agreement, Consultant shall obtain, provide and maintain at its own expense
during the term of this Agreement, policies of insurance of the type and amounts described below
and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that has
not been amended. Any endorsement restricting standard ISO "insured contract" language will not
be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Consultant arising out of or in connection with Services
to be performed under this Agreement, including coverage for any owned, hired, non -owned or
rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
01203.0001/298339.3 9
(d) Workers' compensation insurance. Consultant shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit `B".
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers' compensation. Insurance certificates and endorsements must be
approved by City's Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Services hereunder by
Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City's own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City's rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient
to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance or
that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned
policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the
City's Risk Manager.
01203.0001/298339.3 10
(f) Waiver of subro ation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subconsultants.
(g) Enforcement of contract provisions (non -estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a given issue and
is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or
a waiver of any type. If the Consultant maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for the higher limits maintained by the
Consultant. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
0) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall
be additional insureds under such policies. This provision shall also apply to any excess/umbrella
liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(1) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer's limits of
liability. The policy(ies) shall not contain any cross -liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
01203.0001/298339.3 11
of this section. Consultant agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency's right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant's compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant's performance
under this Agreement, and that involve or may involve coverage under any of the required liability
policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold
and save them and each of them harmless from, any and all actions, either judicial, administrative,
arbitration or regulatory claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or
liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein of
Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors'
reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance
of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys'
fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Consultant
hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
01203,0001/298339.3 12
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys'
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it
fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as
a result of City's sole negligence or willful acts or omissions, but, to the fullest extent permitted
by law, shall apply to claims and liabilities resulting in part from City's negligence, except that
design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of
the negligence, recklessness or willful misconduct of the design professional. The indemnity
obligation shall be binding on successors and assigns of Consultant and shall survive termination
of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts,
invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the "books and records"), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of three (3) years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Consultant's business, custody of the
books and records may be given to City, and access shall be provided by Consultant's successor
in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in
providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of
work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees
that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
01203.0001/298339.3 13
will materially increase or decrease the cost of the work or services contemplated herein or, if
Consultant is providing design services, the cost of the project being designed, Consultant shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the "documents and materials")
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the Contract
Officer or upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or
assignment of such completed documents for other projects and/or use of uncompleted documents
without specific written authorization by the Consultant will be at the City's sole risk and without
liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use,
reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant
shall have the right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Consultant
fails to secure such assignment, Consultant shall indemnify City for all damages resulting
therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as
"works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby
deemed "works made for hire" for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided
Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
01203.0001/298339.3 14
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under. City retains the right, but has no obligation, to represent Consultant or be present at
any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed after
the date of default. Instead, the City may give notice to Consultant of the default and the reasons
for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices
during the period of default. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article. Any failure on the part of the City to give
notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights
or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant's acts or omissions in performing or failing to perform Consultant's
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
01203.0001/298339.3 15
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement
would be extremely difficult or impractical to determine in the event of a breach of this Agreement,
the Contractor and its sureties shall be liable for and shall pay to the City the sum of
($ as liquidated damages for each
working day of delay in the performance of any service required hereunder. The City may withhold
from any monies payable on account of'services performed by the Contractor any accrued
liquidated damages.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
01203.0001/298339.3 16
Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Consultant
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days' written notice to City, except that where termination is due to the fault of the City, the period
of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice
of termination, Consultant shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Except where the Consultant has initiated
termination, the Consultant shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated
termination, the Consultant shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non -terminating party with the opportunity
to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to
the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Consultant for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.10 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such action
or proceeding, in addition to any other relief which may be granted, whether legal or equitable,
shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any
appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable
costs for investigating such action, taking depositions and discovery and all other necessary costs
the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued
on commencement of such action and shall be enforceable whether or not such action is prosecuted
to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non -liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
01203.0001/298339.3 17
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant's performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed, religion,
sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos
Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in the case of the
Consultant, to the person(s) at the address designated on the execution page of this Agreement.
01203.0001/2983393 18
Either party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in seventy-two (72)
hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or
decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder
unless the invalid provision is so material that its invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non -Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this
Agreement, nor shall any official, officer, or employee of City participate in any decision relating
to this Agreement which may affect his/her financial interest or the financial interest of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
"financial interest" shall be consistent with State law and shall not include interests found to be
"remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration, or
01203.0001/298339.3 19
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s),
or other conduct or collusion that would result in the payment of any money, consideration, or
other thing of value to any third party including, but not limited to, any City official, officer, or
employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is
aware of and understands that any such act(s), omission(s) or other conduct resulting in such
payment of money, consideration, or other thing of value will render this Agreement void and of
no force or effect.
Consultant's Authorized Initials
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
01203.0001/298339.3 20
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first -above written.
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Susan Brooks, Mayor
CONSULTANT:
BLAIS & ASSOCIATES, INC., a Texas
corporation
By:
Neil C. Blais
President & CEO
By:
Destin Blais
Founder
Address: Blais & Associates, Inc.
4017 Moonlight Dr.
Little Elm, TX 75068
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
01203.0001/298339.3 21
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate vermes only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2018 before me, , personally appeared , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(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:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑
GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0001/298339.3
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2018 before me, , personally appeared , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(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:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
PARTNER(S) ❑ LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0001/298339.3
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. Provide technical and administrative support for the City's Grant Program as
directed by the City Manager or by the City Manager's designee.
B. Research and assess grants for which the City might be competitive and meet
the goals and objectives of the City.
C. Develop grant applications as approved and directed by the City to help the
City meet its goals and objectives.
D. Create records that will track and document funding sources, types of
projects, and amount of funding as it relates to the Grant Program.
II. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
A. Grant opportunity Fact Sheets, to be provided from time to time to advise City
of potential grant funding opportunities.
B. Quotes for the preparation of grant applications, to be provided from time to
time for funding opportunities that City decides to pursue.
C. Draft and final grant application packets, to be provided from time to time for
funding opportunities that City decides to pursue.
D. Grant reports and documentation, to be provided from time to time for
funding opportunities that the City successfully obtains through Consultant's
services.
E. Debriefing reports, notes or other documentation, to be provided from time to
time for funding opportunities that the City does not successfully obtain
through Consultant's services.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering the
following status reports:
A. Monthly Grant Activity Reports (GARs), summarizing the status of grant
opportunities, pending grant applications and submitted grant applications.
01203.0001/298339.3 A-1
B. Monthly meeting with City Staff (via teleconference or in person) to review the
GAR.
C. Annual meeting with City Staff (via teleconference or in person) to review
City's goals and priorities for grant funding of projects.
IV. All work product is subject to review and acceptance by the City, and must be revised by
the Consultant without additional charge to the City until found satisfactory and accepted
by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Neil C. Blais, President & CEO
B. Destin Blais, Founder
C. Andrea Owen, Senior Associate/Western Regional Director
01203.0001/298339.3 A-2
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
None.
01203.0001/298339.3 B-1
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
RATE TIME SUB -BUDGET
A. Research for grant $100.00 200 hours $20,000.00
opportunities and
monthly preparation of
Grant Activity Reports
(GAR)
B. Monthly meeting with $100.00 12 hours $1,200.00
City Staff to review
GAR
C. Annual meeting with $100.00 3 hours $300.00
City Staff to review
goals and priorities
D. Assist City Staff with $100.00 260 hours $26,000.00
the preparation and
submittal of grant
applications, as needed
E. Direct costs (mileage, At Cost N/A $2,500.00
copies, postage, etc.)
ANNUAL TOTAL $100.00 500 hours $50,000.00
II. A retention of ten percent (10%) shall be held from each payment as a contract
retention to be paid as part of the final payment upon satisfactory completion of
services.
III. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.9.
IV. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
01203.0001/298339.3 C-1
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
VI. The Consultant's billing rates for all personnel are attached as Exhibit C-1.
01203.0001/298339.3 C-2
EXHIBIT "C-1"
SCHEDULE OF FEES AND COSTS
City agrees to compensate Consultant at the rate of one hundred dollars ($100.00) per hour.
In addition, City agrees to payment of the following "Direct Costs":
(i) All out-of-pocket expenses such as copies and reprographics, telephone,
facsimiles, courier service, express mail, and postage are billed at cost; and
(ii) Mileage will be billed at the current allowable federal rate.
Consultant will invoice City for the grant research, active or completed grant proposals, and
direct costs on a monthly basis. Table 1 shows Consultant's current schedule of fees and
costs.
Table 1: Schedule of Fees and Costs
Description
Fee
Staffing/Labor (billed in 15 -minute
increments)
$100/hour
Mileage billed at current IRS rate
$0.545/mile
Travel (tolls, airfare, hotel, cab)
Cost
Copies/Reprographics
Cost
Telephone (long distance only)
Cost
Facsimiles
N/A
Courier Service or Express Mail
Cost
Postage
Cost
01203.0001/298339.3 D- I
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the schedule to be
developed by Consultant and subject to the written approval of the Contract Officer
and the City Attorney's office.
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A. Grant Activity Report (GAR) to be provided to City monthly.
B. Grant meeting or teleconference to review GAR to be conducted monthly, in
coordination with City Staff.
C. Grant meeting or teleconference to review City goals and priorities to be
conducted annually, in coordination with City Staff.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
IV. The Consultant's services shall be provided to City for the period from July 1, 2018,
through June 30, 2019, inclusive.
01203.0001/298339.3 D-2
From: Teresa Takaoka
Sent: Monday, June 18, 2018 8:14 AM
To: Nathan Zweizig
Subject: FW: June 19 Consent Calendar Item I, Public Hearing Item 4 and Re: Martingale Trail Head Park
From: SUNSHINE [mailto:sunshinerpv@aol.com]
Sent: Saturday, June 16, 2018 4:06 PM
To: jeanlongacre@aol.com
Cc: Deborah Cullen <DCullen@rpvca.gov>; CC <CC@rpvca.gov>
Subject: June 19 Consent Calendar Item I, Public Hearing Item 4 and Re: Martingale Trail Head Park
Hi Jean,
Thanks for staying on top of this. The big question is whether or not anyone at City Hall is paying
attention. The biggest problem is that I don't know who should be. It is a border issue (legal), a trails
maintenance issue, a parks maintenance issue, a low budget public amenities opportunity, an
Infrastructure/Capital improvements opportunity, a FY 2018/19 Budget issue and, a mess. That is why I am
copying the Finance Director and the City Council. Nobody in Public Works, Community Development or
Rec & Parks is authorized to deal with the whole situation. Not even Kit Fox in the City Manager's Office.
CalWater has instigated a very similar situation (multi department responsibilities). CalWater is holding an
"Open House" where I can speak as both an RPV and an RHE property owner. I will be sure to point out
that RHE has a Parks and Activities Commission to consider all of the impacts. RPV has a only an "in
house team" between the City Council and the public. It is one more opportunity to suggest that an
Infrastructure and Activities Commission be added to the Charter City Initiative.
Trump's Amendment FFF is also inter -departmentally thoughtless.
I have been advised to show up at every Council Meeting and request to speak on every Item for which the
Agenda Report is a study on obfuscation. That is the only way that Council can get the rest of the whole
picture. Been there done that. Yea to Lois Knight LaRue and now Mickey Rodich. We, The People, are
focused on our own little concerns. That is why a Republic lets us elect representatives. It is a sorry state
of affairs when the people have to step up and defend ourselves from the hired help.
Since we are no longer on any Advisory Committees, Staff can't recommend throwing us off for "rocking
the boat". ...S 310-377-8761
In a message dated 6/16/2018 10:07:27 AM Pacific Standard Time, `eanlong cre cr;a 1. writes:
The house at 21 Martingale has been taken over by the bank and the lady living there has been evicted. She is
in the process of moving this week. The house was up for auction on June 7, 2018 but I do not know if there
was a buyer or if the bank is still holding it.
Jean
From: Teresa Takaoka
Sent: Monday, June 18, 2018 3:56 PM
To: Nathan Zweizig
Subject: FW: R J Geraci, 4105 Maritime rd RPV CA 90275 - PBC Tract 16540 - Retention of Trees
Late carr
From: So Kim
Sent: Monday, June 18, 2018 3:55 PM
To: robert geraci <elkrut@hotmail.com>
Cc: CC <CC@rpvca.gov>
Subject: RE: R J Geraci, 4105 Maritime rd RPV CA 90275 - PBC Tract 16540 - Retention of Trees
Hello Mr. Geraci,
Thank you for meeting with City Staff and the Applicant (Trump organization) last week to discuss your concerns. As you are
aware, all of these concerns, other than the west perimeter wall, are not subject to tomorrow night's meeting.
Tomorrow night's meeting is regarding the following:
1) Eliminate the re uirement to construct the westerimeter wall — Based on your previous and current email, I
understand that you are opposed to the construction of the wall in the location approved by the City Council in 1998.
Your previous email was attached to the Staff Report that was distributed to the City Council and this email will be
considered late correspondence.
2) Consolidate all of the conditions of approval tied to the Trump National Golf Club Property
3) U date the Public Amenities Plan
Your email below regarding all other concerns will be attached and addressed in the future staff report that will be prepared
for the City Council re: the Final Tract Map 50666 in August 2018.
Sincerely,
So Kim, AiCP
Deputy Director/Punning Manager
Community Development Department
City of Rancho Palos Verdes
www.r vca. oy
(310) 544-5222
From: robert geraci [mailto:elkrrat hotmail.com]
Sent: Monday, June 18, 2018 3:18 PM
To: CC <CC@rpvca.gov>
Subject: R 1 Geraci, 4105 Maritime rd RPV CA 90275 - PBC Tract 16540 - Retention of Trees
Dear City Council
I am a resident at 4105 Maritime Road, Rancho Palos Verdes CA, 90275, Portuguese Bend Club, Tract 16540,
adjoining the Ocean Trails, fire buffer lot (Lot D).
I have an issue with the proposed wall as presented, in that it is planned to run from the S/E corner of Lot 27, (above
me) to br=e attached to my garage. This would eliminate approx 5 feet of my property, and per my surveyors records,
that is not the developers' land. There seems to be much confusion here.
I reference my June 6, 2018 letter / email to the Community Development dept and the Trump Organization, where I
cited issues with the soil retention on the southeast side of my property, and the trees protecting that portion.
The drainage plan and landscaping plans relative to this development are critical to my soil risk avoidance. I have not
seen these plans, but I have heard that the non-native plants proposed would preclude the trees that are protecting my
lot, and the fill that was installed there in 1958. These trees, due to the positioning of a fence line at the time,
were planted by previous owners of my residence on property that they thought was theirs to control, but in reality are
on Trump land. Without them, the fill soil, which was added to Trump property and my property, would accelerate
its deterioration. As the trump fill (closer to the Trump ravine) continues to erode/creep, it continues to drag my fill
down also. My. lot has already experienced a 13 inch drop in my hardscape installed on the east side of the
property. This sunk portion is a total loss. The proposed development /landscaping plan and the elimination of these
trees, would further put my property in jeopardy.
Further, I have not seen the drainage plan. This plan would provide me with the information with which to assess my
risk tolerance of surface water runoff in the ravine next to my property on Trump land.
I am attaching a copy of a study done 5 years ago by Coast Geotechnical ( soils engineering) related to a property in
Rolling Hills which has similar issues with the soil runoff/erosion, tree root concentration, and that required to retain
the soil in a stable condition.
It is clear from the report, that these trees on Trump property are critical to soil retention for me. This is the same
finding that was concluded in the Converse Engineering study of my lot in 1958, (study provided to all on June 6).
I would appreciate the City Council looking into this matter, and in order to give it the proper effort, I am requesting a
continuance of this issue to a future City Council meeting.
Thank You for your consideration
Robert Geraci
4105 Maritime Road
RPV, CA 90275
Phone. 714 206 6203
2
C} A S T E O T E C H NI C AIS A/v - Av�eiwo •.
14747 Artesia Blvd., Suite I -D, La Mirada, CA 90638 Ph: (714) 521-0169 or (714) 521-2827 Fax: (714) 521-0179
June 5, 2004 W.O. 255104-01
ft a
Rolling Hills, CA 90274
Subject: Letter of Geologic OpinionSlow
,
Rolling Hills,
California
Subject: Slope stability with respect to tree removal
Mr.440=11%
This letter of geologic opinion has been prepared to address the adverse effect tree removal
has on slope stability.
Tree roots contribute significantly to the stability of slopes. The roots can anchor
the soil mass into bedrock fractures and can interlock zones of weak earth material
with stronger earth material. After tree removal the root system decays and the soil
bedrock root fabric weakens leaving slopes susceptible to erosion and landslide.
Stability of the slope surface is additionally decreased due to loss of the tree
canopy, which absorbs the kinetic energy of raindrops; and minimizes the build up
of pore water pressure in the soil by adsorbing rain water. The increase in raindrop
kinetic energy will increase erosion, which can destabilize a slope and higher
infiltration rates of waters can cause an increase in pore pressure, which is a major
factor in slope instabilities.
■ Appended is a short article on slope stability and root stabilization.
It is the opinion of the undersigned that the slope has a marginal geologic stability due to
steepness and composition and that any changes to the slope matrix, such as tree removal,
would increase the risk for future slope failure.
We appreciate this opportunity to be of service to you.
Respectfully Submitted:
COAST GEOTECHNICAL
Todd D. Houseal
CEG 1914 Exp 4/06
342 ROOT (BOTANY)
Root (botany)
Plant roots can contribute significantly to the sta-
bility of steep slopes, They can anchor through the
soil mass into fractures in bedrock, can cross
zones of weakness to more stable soil, and can
provide interlocking long fibrous binders within a
weak soil mass. In deep soil, anchoring to bedrock
becomes negligible, and lateral reinforcement
predominates. After trees are removed, the root
system begins to decay, and the soil -root fabric
progressively weakens. If a forested slope is mar-
ginally stable, landslides may increase after trees
are removed. As the deforested slope revegetates,
however, the soil mantle becomes progressively
reinforced as new roots occupy the soil.
Soil shear strength. The strength of forest soil
is difficult to measure directly. Evaluating the ef-
fect of roots on soil strength increases that difficul-
ty. In 1968 a shear box was developed to measure
the contribution of small alder (Alnus glutinosa)
roots to the strength of relatively homogeneous
nursery soil in Japan. The weight of roots ex-
plained 53% of the variation in measured soil
strength. The shear box was later modified to study
the contribution to soil strength by roots of a mixed
old-growth forest of Douglas -fir (Pseudotsu-
ga rnenzlesil), western redcedar (Thuja plicata),
and western hemlock (Tsuga heterophylla) grow-
ing on glacial till subsoils in British Columbia,
Canada. The weight of roots in the soil sample
was the most significant of seven variables tested,
accounting for 56% of the variation in measured
soil strength. In both studies, many of the roots
larger than 5 mm in diameter pulled out of the soil
block rather than failed along the test shear plane.
To reduce the number of roots which pull from
the soil block, the shear box was redesigned and
tested in the relatively simple soil -root system of a
mature shore pine (Pinus contorta) forest growing
on coastal sands in northern California. The dry
weight of the live roots less than 17 mm in diame-
ter was the only significant variable contributing to
soil shear strength among 32 -soil and vegetative
variables tested. The shear box tests resulted in
Eq. (1), in which soil strength is in kilopascals and
Soil strength= 3.13 + 3.31 root biomass (1)
root biomass is in kilograms per cubic meter. The
equation explained 79% of the variation in mea-
sured soil strength. The mean biomass of the less
than 17 -mm -diameter live roots was 1.77 kg/m3,
which represented 64% of the total root biomass.
Adding more variables did not significantly im-
prove the regression equation.
Strength of individual roots. Roots become
stronger as they become larger; the logarithm of
root shear strength is closely related to the loga-
rithm of the diameter of the root. The strength of
roots also varies between species. In Canada small
Douglas -fir roots are about 10% stronger than west-
ern redcedar roots. In the Soviet Union poplar
(Populus deltotdes) roots are the strongest, fol-
lowed by birch (Betula pendula), oak (Quercus
robur), linden (Tilia cordata), and spruce (Picea
abies). Poplar roots are about 40% stronger than
spruce roots. Tree roots are estimated to be 1.5-3
times stronger than the roots of grassy plants of the
same diameter. In northern California the roots of
brush, such as Ceanothus velutinus and Sambucus
callicarpa, are about twice as strong as the roots of
conifer trees, such as Abies concolor, Pinus lam-
bertiana, and P. ponderosa.
Roots and soil strength. Roots increase the
strength of soils. The forces involved in the failure
of a section of bank along the Moscow River in the
Soviet Union were evaluated. The size and number
of roots protruding from the wall of the collapsed
soil block were measured. The tensile strength of
linden roots was determined in the laboratory. The
total force required to break the soil mass rein-
forced by linden roots was calculated to be about
137 metric tons, of which 130 tons were required to
break the roots and 7 tons to tear the sandy loam
soil mass from the bank. Breaking the linden roots
took 95% of the total force, although the total
cross-sectional area of all the roots constituted less
than half a percent of the wall area of the collapse.
It has been calculated that the root network
accounted for 71% of the shear strength at satura-
tion of glacial till soils on 35° slopes in British Co-
lumbia. It was observed in Sweden that an im-
posed load may be 70% greater before soil rapture
in soils with a root network than in soils without
roots.
Slope stability problems will likely develop as
the tree root system decays after timber cutting on
steep slopes where the predominant strength is
contributed by the binding action of the roots. As
the root system decays following deforestation, the
relative reinforcement by the roots will decline
(Fig. 1). Within 2 years after deforestation, about
50% of the original root reinforcement is lost and
90% is gone within 9 years.
The rate of strength loss varies according to
species, root size, and the activity of decay organ-
isms. Small roots decay most rapidly, while large
decay -resistant roots may remain in the soil for
decades. For example, intact roots have been
found greater than 15 cm in diameter from western
redcedar trees which had been cut 50 years earlier.
However, redeedar roots 1 cm in diameter had lost
about 50% of their tensile strength within 5 years
of cutting. Douglas -fir roots decay more rapidly
than redcedar roots, and the rate of decay is re-
lated to geographic location. The strength of 1 -cm -
diameter Douglas -fir roots decreased by about 50%
within 3 years after cutting in coastal British
Columbia. It was found that 50% of the Douglas -fir
ROOT (BOTANY) 343
years since defores4aflon
Fig. 1. Conceptual model of changes of relative root reinforcement with time after
deforestation for residual roots from the cut forest and for new roots from the regen-
erated forest. Net reinforcement is the sum of reinforcement by the cut forest and
the regenerated forest.
roots 1 cm in diameter decayed within 1 1/2 years in
the Rocky Mountains, and the same proportion
was gone within 1 year in coastal Oregon. About
90% of the Rocky Mountain roots decayed in 12
years, whereas 90% of the Oregon roots were gone
in less than 5 years.
As vegetation reoccupies the deforested area,
new roots begin to progressively reinforce the soil.
For example, in Fig. 1, about 14 years are required
until the new forest provides 50% of the root rein-
forcement supplied by the original forest before
cutting, and 23 years until the soil in the deforested
area returns to the strength of that in the uncut
forest. The actual rate of soil strength recovery can
vary, and depends on many more environmental
variables than does the rate of strength loss
through decay. In severe sites the recovery of root
reinforcement can be lengthy. In logged mixed
conifer forests in northwestern California, calcu-
lated root reinforcement in areas logged 25 years
earlier was only about 40% of that in adjacent un-
cut areas.
The net reinforcement of the soil by roots is the
sum of the reinforcement by residual decaying
roots of the cut trees and the reinforcement by new
roots of the regenerating forest. In Fig. 1 the net
reinforcement in a promptly regenerated forest
reaches a minimum about 9 years after deforesta-
tion. Net reinforcement then is about 20% of that
in the uncut forest. It becomes greater after 9
years, as the roots of the new forest continue to
develop in the cut areas.
If regeneration is delayed by 5 years, decay of
the residual root system of the cut forest will con-
tinue for 5 years before the new root system begins
to. add strength. The net soil reinforcement will
then reach a minimum which is substantially lower
than in areas where regeneration is prompt. The
minimum net reinforcement with a 5 -year delay in
revegetation occurs 12 years after logging, and is
only about 7% of that in the uncut forest.
344 SALAMANDER
Fig. 2. Conceptual representation of the interaction be- factor. Safety factor is an index of relative stability of
tween seasonal pore water pressure and the loss and slopes and is the ratio of available shear strength to
recovery of root reinforcement and the effect on safety shear stress.
Stability Of Slopes. Roots help stabilize steep
slopes. Engineering stability analyses have been
applied to slopes with and without roots. A safety
factor -defined as the ratio of the available shear
strength to the shear stress -provides an index of
the relative stability of slopes. A slope with a
safety factor of less than 1.0 cannot remain stable
and must fail.
Strength of a soil or resistance to failure can
be described as a modification to Coulomb's
law, Eq. (2).
s=(c+r)+6tan0 (2)
where s =soil shear strength
c = effective soil cohesion
r = apparent cohesion due to roots
6= effective normal stress
0 = effective internal friction angle
On a given slope not subjected to excavation,
the two principal effects of deforestation are modi-
fications to the root strength parameter r and the
effective normal stress a through changes in the
saturated soil water regime or pore water pros=
sures.
Consider a case where all other factors are held
constant and the safety factor equals 1.0 when the
relative root reinforcement is 0.15 (Fig. 1). Then, if
prompt regeneration follows deforestation, the net
reinforcement always remains above 0.20, and the
slope would not fail. However, if regeneration is
delayed 5 years, the net reinforcement would fall
below 0.15 from 8 years until 16 years after defor-
estation, and the slope would fail 8 years after cut-
ting.
All factors, however, do not remain constant.
Pore water pressures change seasonally in re-
sponse to precipitation, and are often the driving
mechanism which ultimately leads to slope failure
(Fig. 2). In this example, the slope would not fail
because of either seasonal pore water pressures or
loss of root strength alone. When both factors are
considered together, the loss of root strength
lowers the safety factor to a level that a moderate
change in pore water pressure would result in
slope failure.
For background information see FOREST SOIL;
ROOT (BOTANY) in the McGraw-Hill Encyclopedia
of Science and Technology. [ROBERT R. ZIEMER]
Bibliography: E. R. Burroughs and B. R. Thom-
as, USDA For. Serv. Res. Pap. INT -190, 1977; C. L.,
O'Loughlin, Can. J. For. Res., 4:107-113, 1974;
T. H. Wu, W. P. McKinnell III, and D. N. Swan-
ston, Can. Geotech. J., 16:19-33, 1979; R. R.,
Ziemer, Int. Ass. Hydrol. Sci. Publ. 132, 1980.
From: Teresa Takaoka
Sent: Monday, June 18, 2018 8:13 AM
To: Nathan Zweizig
Subject: FW: City Charter
From: Doug Willmore
Sent: Sunday, June 17, 2018 1:51 PM
To: sharon yarber <momofyago@gmail.com>
Cc: CC <CC@rpvca.gov>
Subject: Re: City Charter
The City Attorney
Sent from my iPad
On Jun 17, 2018, at 1:40 PM, sharon yarber <momofyagoa@g;mail.com> wrote:
Doug,
While the revision to the preamble and the selection of areas to be covered by the proposed charter
may have been done by Council members and the subcommittee, the subcommittee is recommending
that "staff" draft the revised charter. To whom on staff will the task be referred? Is it just the City
Attorney or other(s)? It is that recommendation to which my comment was addressed. I think it clear
neither the subcommittee nor the Council as a whole intends to wordsmith the revisions. I think the
committee of residents should be involved in that process, though I cannot say that everyone on the
committee wants to be so involved; indeed some specifically do NOT want to be involved. That being
the case, I think it should continue to be the subcommittee with the assistance of the City Attorney and
consultation with the committee because we had some strong opinions about some things that we
really want to see in the charter.
On Sun, Jun 17, 2018, 12:54 PM Doug Willmore <DWillmore(u(a�rnvca. ov> wrote:
Sharon,
FYI - the drafting of the proposed revisions have not been left to staff. Other than a few staff edits in
the preamble (the draft preamble was written and proposed by a Councilmember), all of the ideas
proposed in the scope and revision are from the Council. Nothing is drafted or proposed by staff.
Doug
Sent from my iPhone
> On Jun 17, 2018, at 11:24 AM, sharon yarber <momofyago@ mail.com> wrote:
> Dear Members of the Council,
> I am concerned about the proposed revised "Preamble" to the charter and question what it is
intended to accomplish. Its wording is awkward and ambiguous. I think to merely express an intent to
1 5.
largely be governed by State law as it applies to general law cities is not adequate to assure that State
law will, in fact, apply when that generalized "intent" contradicts the intent expressed in Section 200
to give Council the broadest powers possible under the constitution. The charter should expressly
state, rather than imply, that for matters of grave concern to the public and the committee State law
applicable to general law cities will apply (e.g. elections, council compensation, passage of
ordinances, recall, referendum and initiative, etc.).
> I am also concerned that the drafting of the proposed revised version of the Charter is being
delegated to staff, rather than back to the committee of residents, and that there will only be one
opportunity to view and comment on it (when it is presented at the July 17th Council meeting) before
its adoption on the 31st (assuming [i] it gets adopted, and [ii] no additional comments on July 31st
will be able to be incorporated at that late stage into whatever gets adopted).
> Given the lack of opportunity to thoroughly vet what will be presented on July 17th, I would
strongly encourage the Council to reject the recommendation of the sub -committee and continue this
process with an eye towards a November 2019 election instead of this coming November. There is
simply not adequate time to rush this through. A charter is way too important an undertaking to
accomplish in just a few months and with only a couple of Council meetings.
> I support the idea of the charter, so long as it is a well crafted and thoroughly vetted product. I have
always been concerned that this effort was too ambitious for the time frame being allotted to it. While
the committee tried valiantly to get something acceptable put together in a very short amount of time,
we also came to the realization prior to its submission to Council that we needed to further evaluate
the implications of some of the contents, and we simply ran out of time to make further adjustments if
we were to meet the timetable.
> Following the last Council meeting, several committee members got together to discuss what
changes could be made to (i) shorten the charter, and (ii) eliminate some of the problems that the
current draft posed. We also wanted to take into consideration the comments of the Council and
members of the public who spoke at the last meeting and try to make the shorter version focused on
the key areas that the committee members in attendance at that meeting wanted to be sure were
addressed in the revised version.
> Please note that not all members of the committee participated in the follow up meeting, some either
being too busy to continue to spend more time on it, and some being of the view that our job was
finished and the charter was now appropriately in the hands of the Council.
> At the follow up meeting, it was agreed that I would take a stab at paring down the charter to the
key components and I did that and circulated it to the committee. I will forward it under separate
cover, as I want to send both a redline and a clean version to you today, and I need to do that on my
office rather than personal computer for software reasons. You should consider what I send my work
product, though it does have the support of Chip Zelt and Lois Karp. The others seem to want to let
the Council continue the process.
> I personally was originally in favor of a significantly shorter charter that would hopefully give us
the much desired greater control over land use, put in safeguards against abuses of power that were
woefully absent from the 2011 attempt, and basically adopt the state law that governs general law
cities with respect to the other "municipal affairs" such as method of adopting ordinances,
compensation, elections, recall, initiative and referendum, etc. so that the status quo would largely be
maintained, partly because things work pretty well around here, and partly to assure passage of the
charter. In speaking with our then City Attorney, Dave Aleshire, he cautioned us against a "Charter
Light" advising that a charter that is too short and largely adopts the law applicable to general law
cities, except for a few discreet topics, is indicative of a desire to remain a general law city and puts
the enforceability of the charter in jeopardy should litigation ensue that calls into question whether the
charter is valid and truly the will of the people. Thus we opted to use another City's comprehensive
charter as a template for ours, and we ended up with a charter that is comprehensive. It sounds as
though what the sub -committee now seeks to do with a very abbreviated charter is adopt a "Charter
Light", which is contrary to what we were advised against by Dave, hence, I am concerned that this
proposed charter, whatever it ends up looking like, will be vulnerable to attack and defeat the purpose
for which we embarked on this effort in the first place. I want to hear from our new City Attorney
what he thinks about this approach of a much simpler charter.
> I look forward to continuing to be involved in this process, but do ask you to seriously consider
waiting until 2019. If this charter does go on the 2018 ballot and fails, then I see no opportunity for
revisiting it again in 2019 after two failed attempts. Let's not blow the opportunity to do it right, once
and for all.
> Sincerely,
> Sharon Yarber
From: Teresa Takaoka
Sent: Monday, June 18, 2018 8:13 AM
To: Nathan Zweizig
Subject: FW: RPV Charter with SY mods of June 17.2018.docx
Attachments: RPV Charter with SY mods of June 17.2018.docx
From: sharon yarber [mailto:momofyago@gmail.com]
Sent: Sunday, June 17, 2018 1:46 PM
To: CC <CC@rpvca.gov>; Carolynn Petru <carolynn.petru@gmail.com>; Len Wood <lenwood@aol.com>; Lowell R. Wedemeyer
<lowell@transtalk.com>; Chip Zelt <chipzelt@gmail.com>; Chris Wanlin Huang <cgpharmd@yahoo.com>; Michael Huang
<mikehgalaxy@gmail.com>; Jessica Vlaco <vlaco5@cox.net> <vlaco5@cox.net>; George Zugsmith <zuggielaw@gmail.com>;
Noel Park <noelparkone@gmail.com>; Glenn Cornell <gcorne116@gmail.com>; Lois Karp <jlkarp@cox.net>
Cc: Doug Willmore <DWillmore@rpvca.gov>
Subject: Fwd: RPV Charter with SY mods of June 17.2018.docx
As promised, here is my redline of the draft charter that was submitted to the council on May 21 st. The clean version
will be sent to you next.
5
DRAFT
CITY OF RANCHO PALOS VERDES
CITY CHARTER
AS OF MAY 11, 2018
(Includes Red -Line Changes from May 3, 2018 Version)
The City of Rancho Palos Verdes incorporated as a California general law city on
September 7, 1973. Subsequently, the area known as "Eastview" was annexed to the
City on January 5, 1983. On , with the a Loval of the City's voters
the City of Rancho Palos Verdes became a California chartered city.
Draft RPV City Charter— May 11, 2018 1
TABLE OF CONTENTS
ARTICLE I. INCORPORATION AND SUCCESSION
SECTION 100.
Name and Boundaries.
SECTION 101.
Succession, Rights and Liabilities.
SECTION 102.
Ordinances.
SECTION 101
Continuance of Present Officers and Employees.
SECTION 104.
Continuance of Contracts.
SECTION 105.
Pending Actions and Proceedings.
SECTION 106.
Seal.
SECTION 107.
Severability.
SECTION 108.
Effective Date of Charter.
SECTION 109.
Amendment.
ARTICLE ll. POWERS OF THE CITY
SECTION 200.
Powers.
SECTION 201.
Procedures.
SECTION 202.
Form of Government.
E-CT4- 43 -------
-_._---In vefp T ntar-R .
SECTION 2043.
Establishment of Specialized Agencies or Authorities.
SECTION 2054.
Enterprise Funds.
SECTION 2055.
General Land Use Authority; Goals and Objectives.
SECTION 2076.
Preservation of Public Parkland.
ARTICLE III. CITY COUNCIL
SECTION 300.
SECTION 301.
SECTION 302.
Powers Vested in the City Council.
Elective Officers.
Mayor; Mayor Pro Tempore.
Draft RPV City Charter— May 11, 2018 2
SECTION 303.
Eligibility.
SECTION 304.
Compensation and Expenses.
SECTION 305.
Limitation of Terms.
SECTION 306.
Vacancies.
SECTION 307
-4ntorferenno in Arlminictr7ti�ie Sery Go
� � ��1,-T,,,-i,�S��LTR-o�GT�,�.
SECTION 3087.
Meetings.
SECTION
c -M-ee Rgs
SECT 310. -
Quorum; im• DrnnaodingS7
SECTION —-
; Subpoenas.
Citizen Dnrtinipatinn
SECTION 312
SECTION 34308.
Adoption of Ordinances and Resolutions.
SECTION 34-409.
Ordinances; Publication.
SECTION 34-510.
Codification of Ordinances.
SECTION 34-811.
Ordinances; When Effective.
SECTION 3172.
Ordinances; Violation; Penalty.
SECTION 3183.
Publishing of Legal Notices.
SECTION 3194.
Contracts; Execution.
ARTICLE IV. CITY MANAGER AND CITY ATTORNEY
SECTION 400.
City Manager.
SECTION 401.
Eligibility.
SECTION 402.
Compensation and Bond.
SECTION 403.
City Manager; Powers and Duties.
SECTION 404.
Removal.
SECTION 405.
Acting City Manager.
SECTION 406.
City Attorney.
SECTION 407.
City Attorney; Powers and Duties.
ARTICLE V. EMPLOYEES
SECTION 500.
SECTION 501.
Administrative Departments.
City Clerk; Powers and Duties,
Draft RPV City Charter — May 11, 2018 3
SECTION 502. Director of Finance and Treasurer; Powers and
Duties.
SECTION 503. Department Heads.
SECTION 5043. Compensation.
SECTION Gni indemnification of Employees.
ARTICLE VI. APPOINTIVE ADVISORY BOARDS, COMMITTEES AND
COMMISSIONS
SECTION 600.
In General.
SECTION 601.
Appropriations.
SECTION 602.
Appointments; Terms.
SECTION 603.
Meetings; Chairs.
SECTION 604.
Compensation.
SECTION 605.
SECTIONX06
Removal, Vacancies.
Ind nifiGa' n of Members
SECTION 6076.
Planning Commission; Powers and Duties.
ARTICLE VII. PERSONNEL SYSTEM
SECTION 700. Personnel Rules and Policies.
SECTION 701. Contracts with Employees; State Employees
Retirement System.
SECTION 702. Eligibility for Appointed Office.
SECTION 703. Illegal Contracts; Financial Interest; Incompatible
Employment.
ARTICLE VIII. ELECTIONS
SECTION 800.
SECTION 801.
SECTION 802.
SECTION 803.
General Municipal Elections.
Special Municipal Elections.
Procedure for Holding Elections.
Initiative, Referendum and Recall.
Draft RPV City Charter- May 11, 2018 4
ARTICLE IX. FISCAL ADMINISTRATION
SECTION 900.
Fiscal Year.
SECTION 901.
Annual Budget.
SECTION 902.
Proposed Budget; Submission to City Council.
SECTION 903.
Budget; Public Hearing.
SECTION 904.
Budget; Adoption.
SECTION 905.
Budget; Appropriations.
SECTION 906.
Municipal Finance Authority.
SECTION 907.
Limits n Tax Authority.
SECTION 908.
Tax Procedure.
SECTION 909.
Bonded Debt.
SECTION 910.
€aectkmVoter Approval for Major Capital Projects.
SECTION 911.
Presentation of Demands.
SECTION 912.
Independent Audit.
SECTION 913.
Purchasing Ordinance.
ExeG
SECTION 914
SECTION 9154.
ContraGtS; tier
Outsourcing.
ARTICLE X. FRANCHISES
SECTION 1000.
SECTION 1001.
SECTION 1002.
SECTION 1003.
SECTION 1004.
Granting of Franchises.
Resolution of Intention; Notice and Public Hearing.
Term of Franchise.
Franchise Inapplicable to City.
Eminent Domain.
Draft RPV City Charter — May 11, 2018 5
PREAMBLE
We, the People of the City of Rancho Palos Verdes, State of California, declare our
intent to protect and preserve the values that have guided and sustained our City since
it was formed in 1973. We hold dear the historic doctrine of home rule; the right to
determine land use to maintain the low-density, semi -rural character of our community;
and the protection of coastal resources, fra ile ecos stems,, canyons, open space areas
and views; and seek to protect the City's values from forces which would encroach on
them. We believe that fiscal responsibility and the prudent stewardship of public funds is
essential for confidence in government; that ethics and integrity are the foundation of
public trust; and, that just governance is built upon these values. The express purpose
of this Charter is to secure and exercise for the City of Rancho Palos Verdes the full
scope of control over its municipal affairs that is authorized by law. We do hereby
exercise the express home rule rights granted by the Constitution of the State of
California for the people and we do hereby adopt this Charter for the citizens of the City
of Rancho Palos Verdes.
Draft RPV City Charter— May 11, 2018 6
ARTICLE I - INCORPORATION AND SUCCESSION
SECTION 100. Name and Boundaries.
The City of Rancho Palos Verdes, hereinafter termed the City, shall continue to be a
municipal corporation under its present name of "City of Rancho Palos Verdes." The
boundaries of the City shall be the boundaries established at the time this Charter takes
effect, and as such boundaries may be changed thereafter from time to time in the
manner authorized by law.
SECTION 101. Succession, Rights and Liabilities.
The City shall continue to own, possess and control all rights and property of every kind
and nature owned, possessed or controlled by it at the time this Charter takes effect and
shall continue to be subject to all its debts, obligations, liabilities and contracts.
SECTION 102. Ordinances.
All lawful ordinances, resolutions, rules and regulations, and portions thereof, in force at
the time this Charter takes effect, and not in conflict or inconsistent herewith, are hereby
continued in force until they are repealed, amended, changed or superseded.
SECTION 103. Continuance of Present Officers and Employees.
The present officers and employees of the City shall continue to perform the duties of
their respective offices and employments without interruption and for the same
compensations and under the same conditions until the appointment or election and
qualification of their successors, but subject to removal, amendment, change, or control
as provided by this Charter. Nothing contained in this Charter, unless specifically
otherwise provided herein, shall affect or impair the personnel, pension, or retirement
rights or privileges of officers or employees of the City, or of any office, department, or
agency thereof, existing at the time this Charter takes effect.
SECTION 104. Continuance of Contracts.
All contracts entered into by the City or for its benefit prior to the effective date of this
Charter and then in effect, shall continue in full force and effect according to their terms.
Draft RPV City Charter — May 11, 2018 %
SECTION 105. Pending Actions and Proceedings.
No action or proceeding, civil or criminal, filed and pending at the time this Charter takes
effect, brought by or against the City or any officer, office, department or agency
thereof, shall be affected or abated by the adoption of this Charter or by anything
contained in the Charter, but all such actions or proceedings may be continued.
vers and duties of aRy Off inor��no department or
thereto,
may be assigRed or traRsferred by E)p uRder this Char -ter to
anetho_nomiGe e pi e
deartment or ageRG %pu n that event thesame may be
�
pfoseGuted or defended h� �y the head of the Office, department or ag nenvy v w
fi inntiona poweFs and duties have been assigned or transferred by or uncle
Charter.
SECTION 106. Seal.
The official seal of the City at the time this Charter takes effect shall continue to be the
official seal of the City for its acts and business unless and until changed by ordinance
of the city council.
SECTION 107. Severability.
If any article, sections, sentence, clause or portion of this Charter is for any reason held
to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and severable and such
holding shall not affect the validity of the remaining portions of this Charter.
SECTION 108. Effective Date of Charter.
This Charter shall take effect upon its approval and ratification by the qualified voters of
the City and, if approved, after filing and acceptance by the Secretary of State, in
accordance with State general law.
Draft RPV City Charter— May 11, 2018
SECTION 109. Amendment.
Any proposal for the amendment, revision, or repeal of this Charter or any portion
thereof may be proposed by majority vote of the members of the city council, or by
initiative by the People of the City of Rancho Palos Verdes. No such proposal shall be
effective until approved by a majority vote of the Ci_ ti's voters voting at a statewide
general election for proposals by the city council, or at a statewide general, statewide
primary or regularly scheduled municipal election for proposals by initiative, and filed
with the Secretary of State, in accordance with State general law.
Draft RPV City Charter — May 11, 2018 9
ARTICLE II - POWERS OF THE CITY
SECTION 200. Powers.
The City shall have the power to make and enforce all laws and regulations in respect to
municipal affairs, subject only to such restrictions and limitations as may be provided in
this Charter and in the Constitution of the State of California and to avoid enactments of
the State of California contrary thereto. The City shall also have the power to exercise,
or act pursuant to any and all rights, powers, privileges or procedures, heretofore, or
hereafter established, granted or prescribed by any law of the State, by this Charter, or
by other lawful authority, or which a municipal corporation might or could exercise, or
act pursuant to, under the Constitution of the State of California. The enumeration in
this Charter of any particular power shall not be held to be exclusive of, or any limitation
upon, the generality of the foregoing provisions. This Charter shall be liberally
construed to vest the City with all legal authority and powers necessary to protect the
health, safety, and general welfare of all of the citizens of the City.
SECTION 201. Procedures.
The City shall have the power to and may act pursuant to any procedure established by
any law of the State, unless a different procedure is required by this Charter.
SECTION 202. Form of Government.
The municipal government established by this Charter shall continue to be the form of
government known as the "Council -Manager" form of government. sO that the ni+„
GOunGil shall establish the laws, budget and PEAGies of the City, and the Gity manager
shall implement the laws budget and peliniec
,
SECTION 203. IntergovernmentalRe
The City may exeFGise any of its autherity and may perform any of its powers- jointly, or
--ce sr more otheF Giti I GOunties, states, the United States, er any
.. -
-niW&,Z-ri-7nt4 hit In
� LI , IC1w. I DO NOT SEE THE NECESSITY FOR THIS SECTION
Draft RPV City Charter- May 11, 2018 10
SECTION 14Establishment of •- -• Agencies or Authorities.
The City shall have the same powers to establish specialized agencies or authorities a
general law City. a housing authority, eG0RGn;iG development
extent as may be permitte -by state or federal law, in erdeF tG Garry out the busines
the City er otherwise ad.fanGe the health, safety, OF general welfare Of its Gitizens. All
Charter -operate .their existing I- -
SECTIONauthority and, On addition, any autherity granted hereunder-, unless and until Gity GGUnGi
1.4 Enterprise Funds.
(a) The City may not impose a fee or charge for water or sewer service, hook-ups,
permitting, transfer or any other service that exceeds the cost of providing that
service.
(b) The City may not collect for its own general fund in -lieu taxes, fees or charges from
any enterprise fund for administration or any other purposes except for
administration of the fund.
(c) The City may not borrow funds held in reserve in any enterprise fund for its use or
the use of any other department or program of the City except in the case of a
declared emergency in accordance with state law.
SECTION 2065. General Land Use Authority; Goals and Objectives.
The City of Rancho Palos Verdes is a low-density, semi -rural residential community with
limited commercial development and significant infrastructure challenges that prides
itself in providing exceptional service to the residents and business community it serves.
The City is characterized by its unique topography, coastal areas, natural open spaces
and views. It is the goal of the City to maintain its low-density, semi -rural legacy; to
prernete ermit commercial development that is in harmony with the environment; to
maintain a sound financial base; to ensure pmteGt neighborhood compatibility eharastef;
Draft RPV City Charter- May 11, 2018 11
and, to serve the needs of those who reside, work and recreate in the City. In promoting
balance and livability, it is the goal of the City that residents be able to reside, work,
purchase goods and services, attend school, recreate, and otherwise enjoy the civil
society, natural environment, and other amenities of Rancho Palos Verdes.
Except as otherwise provided by ordinance of the city council, the City shall have the full
power to enact regulatory land use measures: provided, however, that the City's zoning
and all ordinances adoated in connection therewith shall at all times be consistent with
the General Plan. , m:.. .. .
(a) Creation of a general plan for the •z term greMh and orderly- - -
the City Gensistent with the -- zoning -
(b) Creation of a
and provides the Gity's general land use _.
..
regulation .. _
(d) Abate publiGnuisanGes whiGh depreGiate property values.
Make determinations pursuant to the California EnviFenmental Quality
ApproveproteGt the quality of the environment.
appliGations to
developmentassure high
(h)-- Establish prOGedures to approve GonditiGnal
Establish regulations whiGh are sensitive to the unique topography of the Got
and the preteGtiOR of the magRifiGeRt views of pFelper-ties within the Gity.
0) Establish regulations for landslide areas whiGh wall assist in limiting la
property
(k) Establish measures to prc)teGt and preserve epen spaGe and natural areas.
(1) Establish measures to rnifigate foF the impaGtS of development on adjaGent
property and the Gity geneFally thFough land use regulations, requiFements that th
developer pFevide appropriate infra6trUGWre i e -�nts, imposition of imp
Draft RPV City Charter- May 11, 2018 12
— — — —WWAJC . . . �� 11dWFAadE 10—IMI•• . —
.•-A •.
SECTION 2076. Preservation of Public Parkland.
No public park or beach or portion thereof now or hereafter owned or operated by the
City shall be sold, leased, exchanged or otherwise transferred or disposed of unless
authorized by the affirmative votes of at least three members of the city council and by
the affirmative vote of at least a majority of the electors voting on such proposition at a
general municipal election or at whiGh SUGh proposition is submitted or at a special
municipal election called as an urgency matter by at least four members of the city
council.
This section shall not apply to the following:
(a) Any lease, franchise, or contract (including concession agreement) in existence
prior to the adoption of this Charter, but the lease, franchise, or contract shall not
be amended to relocate it on the same or different public park or beach, or
increase the intensity of use or the amount of parkland dedicated to or used by
the holder of the lease, franchise, or contract.
(b) Any utility or public works construction, maintenance and repair which does not
negatively impact long-term recreational opportunities.
(c) Any land deed restricted as a nature or habitat preserve.
(d) Any real property or land the City may acquire from time to time for uses other
than parkland or beach, such as for public facilities, streets or access, or other
public works, or for emergency preparedness, or other public purpose.
(e) Vacation of public streets or rights of way in accordance with state law.
(f) Any temporary contract, lease or concession agreement having a term of less
than five (5) years and entered into for the purpose of maintaining, protecting or
Draft RPV City Charter— May 11, 2018 13
enhancing the parkland or beach, or promoting the public use or enjoyment
thereof.
(g) Any lease, franchise or contract with a term of ten (10) years or less which is
approved by four or more members of the city council.
Draft RPV City Charter— May 11, 2018 14
ARTICLE III - CITY COUNCIL
SECTION 300. Powers Vested in the City Council.
All powers of the City shall be vested in the city council except as otherwise provided in
this Charter.
SECTION 301. Elective Officers.
The elective officers of the City shall consist of a city council of five (5) members, one of
whom shall be the mayor. The members of the city council shall be elected from the
City at large at the time and in the same manner as provided by State laws applicable to
general law cities On this rha.+or Except for the three (3) year terms commencing in
2017 and 2019 which shall be three (3) years, all members of city council shall serve for
a term of four (4) years and until their respective successors are elected and qualified.
SECTION 302. Mayor; Mayor Pro Tempore.
Draft RPV City Charter - May 11, 2018 15
..
41 AT01.0I ._
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_ r r
11,111110
Draft RPV City Charter - May 11, 2018 15
The mayor Shall nerferm sUnh other duties nnnsistent with his nr her nffire as May
be pFeSGFwbed by this FteF,
9F as may be imposed by the Gity G0unG_.I by resoluti-
ordinanGe. The process for selection of Mayor and Mayor Pro Tempore shall be
governed by the City's ordinances as adopted from time to time.
SECTION 303. Eligibility.
No person shall be eligible to hold an elective office unless he or she is, at the time of
issuance of nomination papers for the elective office, a qualified elector of the City, or of
territory legally annexed thereto, and shall have been domiciled in the City for at least
thirty (30) days immediately preceding his or her election.
Any elective officer of the City who shall accept or retain any other elective public office,
or any other public office whose duties are incompatible with the duties of a member of
the city council of the City, except as may be otherwise provided by this Charter, shall
be deemed thereby to have immediately vacated his or her council office in accordance
with the rules of Government Code Section 11256 or any successor provision thereto.
SECTION 304. Compensation and Expenses.
All members of the city council, including the mayor, shall receive as compensation for
their services a monthly salary which is the lesser of either the amount established by
city council ordinance or the amount established in accordance with, and limited by, the
provisions of law applicable to the salaries of city council members in general law cities
as set forth in Section 36516 of the Government Code of the State of California or any
successor provision thereto. The City shall not provide any additional compensation to
members of the city council for attendance at other meetings of City or City -affiliated
commissions, committees, subcommittees, and boards of directors.
All of the members of the city council, including the mayor, shall continue to be entitled
to reimbursement for their actual and necessary expenses incurred in the performance
of their official duties as stated in, and limited by, the provisions of State ,law applicable
to the reimbursement for expenses city council members in general law cities_ as se
Draft RPV City Charter— May 11, 2018 16
air
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SECTION 305. Limitation of Terms.
No person shall serve more than two (2) consecutive terms of office as a member of the
city council.
For the purpose of this section, a "term" shall mean any period of service on the city
council that exceeds two (2) years, and "consecutive" shall mean immediately following,
without an intervening hiatus in service.
Any person who has served two (2) consecutive terms as a member of the city council
shall not be eligible to serve again until the expiration of at least -six four (6) years after
the end of that person's last term of office and this provision shall supersede any
conflicting provisions of Measure C adopted by the voters in 2003.
SECTION 306. Vacancies.
(a) Vacancy. If a member of the city council (i) is absent from all regular meetings of
the city council for a period of sixty (60) days consecutively from and after the last
regular city council meeting attended by such member, unless such absence is by
permission or excused by the city council expressed in its official minutes; (ii) ceases to
be domiciled in the City or ceases to be an elector of the City or of territory legally
annexed thereto; or (iii) is convicted of any felony or criminal offense involving a
violation of his or her official duties, or a crime involving moral turpitude, the office shall
become vacant. The city council by resolution shall declare the existence of any such
vacancy, and the office shall be deemed vacant from the date of such declaration.
Draft RPV City Charter — May 11, 2018 17
(b) Filling Vacancy. A vacancy on the city council, from whatever cause, that occurs
more than ninety (90) days before or after a general municipal election may be filled by
appointment by a majority of the remaining members of the city council, or by the calling
of a special election if no appointment is made within giJ0� tv days of
the commencement of the vacancy. No person shall be eligible to fill a vacancy unless
he or she is, at the time of appointment or issuance of nomination papers for the special
election, a qualified elector of the City or of territory legally annexed thereto, has been
domiciled in the City for at least one (1) year immediately preceding his or her
appointment or election, and has not held elected office in the City for at least six -four
(46) years immediately preceding his or her appointment or election to fill a vacancy.
Any person appointed or elected to fill a vacancy in the city council shall serve the
remaining unexpired term of the office. In the event it shall fail to fill a vacancy by
appointment within sixty 60 five ) days after such office shall become vacant,
the city council shall cause an election to be held forthwith to fill such vacancy.
(c) Filling at Time of Election. If a vacancy on the city council occurs for any reason
after the adoption of a resolution by the city council calling for a general municipal
election to elect members to the city council, but not more than ninety (90) days after
the date of that general municipal election, the person who received the highest number
of votes in said election, but was not elected, shall be appointed by the city council to fill
that vacancy. The person appointed pursuant to this provision shall serve the remaining
unexpired term of the office. Persons eligible for appointment shall meet the criteria of
subsection (b) above.
(d) Interim Appointment. If the city council calls a special election to fill a vacancy,
the city council may make an interim appointment to fill the vacancy until the date of the
special election. No person shall be eligible to fill an interim vacancy unless he or she
is, at the time of appointment, a qualified elector of the City or of territory legally
annexed thereto, has been domiciled in the City for at least one (1) year immediately
preceding his or her appointment, and has not held elected office in the City for at least
-six four (64) years immediately preceding his or her interim appointment to fill the
Draft RPV City Charter—May 11, 2018 18
vacancy. The times and procedures for the calling of any special election to fill a city
council vacancy may be established by ordinance consistent with state law.
._
.. _ . . .
. W0 AN I W., WN W- � I I I
SECTION 3037. Meetings.
(a) Compliance with State Law. Unless n+hcr..,;oo ovr,ressl„ provided OR thus Charter,
aAll meetings of the city council shall be called and conducted in accordance with state
law, as specified in the "Ralph M. Brown Act", California Government. Code Sections
54950, et seq. and with the City's ordinances and resolutions that do not conflict with
State law.
•_ „_
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Gity GGunGil -may adjot or re adjourn
-WIN W�
any regular meeting to a date
and hour Ge
whiGh shall be _, the eFder
.. . .rn
of adjournment and when so
adjournment,
adjourned
Draft RPV City Charter— May 11, 2018 19
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Draft RPV City Charter— May 11, 2018 20
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SECTION 34308. Adoption of Ordinances and Resolutions.
With the sole exception of ordinances which take effect upon adoption, referred to in
this section, all ordinances shall be first introduced by the city council, and shall have a
Draft RPV City Charter— May 11, 2018 21
second reading no sooner than fourteen (14) days after the date of their introduction
and prior to their adoption. All ordinances shall be introduced, deliberated, and passed
upon at a regular or adjourned regular meeting of the city council. At the time of its
introduction, an ordinance shall become a part of the proceedings of such meeting, and
a copy of the introduced ordinance shall be kept in the custody of the city clerk. A
proposed ordinance shall be read by title only unless a council member disagrees that
the ordinance can be read by title only and requests a full reading. In the event that any
ordinance is altered after its introduction, the same shall not be finally adopted except
after a second reading at a regular or adjourned regular meeting held not less than
fourteen (14) days after the date upon which such ordinance was so altered. The
correction of typographical or clerical errors shall not constitute the making of an
alteration within the meaning of the foregoing sentence.
No order for the payment of money shall be adopted or made at any meeting other than
a regular, adjourned regular, or special meeting.
Unless a higher vote is required by other provisions of this Charter, or by the laws of the
State of California which supersede this Chapter, the affirmative votes of at least three
(3) members of the city council shall be required for the enactment of any ordinance, or
the making or approving of any order for the payment of money, or for entering into any
contract where the amount to be paid by the City exceeds twenty five thousand dollars
($25,000), or such other amount as city council may establish by ordinance.
All ordinances and resolutions shall be signed by the mayor or in the mayor's absence,
the mayor pro tempore, and attested by the city clerk.
Any ordinance declared by the city council to be necessary as an emergency measure
for preserving the public peace, health or safety, and containing a statement of the
reasons for its urgency, may be introduced and adopted at one and the same meeting if
passed by at least four (4) affirmative votes. Any ordinance that carries an emergency
clause shall be effective for no more than six (6) months from the date of adoption,
Draft RPV City Charter — May 11, 2018 22
unless reintroduced and passed in the normal manner by the city council at a regular or
adjourned regular meeting.
SECTION 34409. Ordinances; Publication.
The city clerk shall cause each ordinance or a summary of each ordinance to be
published at least once in a newspaper of general circulation in the City, and posted on
the City's official website within fifteen (15) days after its adoption. If there is no
newspaper of general circulation in the City, the city clerk shall cause it to be posted in
the manner provided "n SeGtion 3W by the Government Code or published in a
newspaper of general circulation printed and published in the County and circulated in
the City . The city clerk may also use
additional technological means available to disseminate information to the public.
SECTION 3150. Codification of Ordinances.
Any or all ordinances of the City which have been enacted and published in the manner
required at the time of their adoption, and which have not been repealed, may be
compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance
code, and such code may be adopted by reference, with the same effect as an
ordinance, by the passage of an ordinance for such purpose. Such code need not be
published in the manner required for other ordinances, but not less than three (3) copies
thereof shall be filed for use and examination by the public in the office of the city clerk
prior to the adoption thereof. Amendments to the code shall be enacted in the same
manner as ordinances.
Detailed regulations peptaining to the GonstruGMA
&
11 a -M wiring,
r • .. _
ARgeles,
orgenerally .
• _
Draft RPV City Charter— May 11, 2018 23
SECTION 3161. Ordinances; When Effective.
No ordinance shall become effective until thirty (30) days from and after the date of its
adoption, except the following, which shall take effect immediately upon adoption:
(a) An ordinance calling or otherwise relating to an election.
(b) An assessment district ordinance adopted under some special law or procedural
ordinance relating thereto.
(c) An ordinance declaring the amount of money necessary to be raised by taxation,
or fixing the rate of taxation, or levying a tax upon property.
(d) An emergency ordinance adopted in the manner provided for in this article.
SECTION 3172. Ordinances; Violation; Penalty.
The city council may designate the violation of any ordinance of the City to constitute a
misdemeanor or an infraction or alternatively may provide for civil enforcement
remedies. Unless speGifinally designated as an infraGti
of the City shall GGnstitute a rnisderneaner and may be PFOSeGuted on the narne of the
people of the State of California er may be redressed by Givil aGtiG The maximum fine
or penalty for any violation of a City ordinance, whether a misdemeanor or an infraction,
and the nature and extent of any such civil enforcement remedies shall be as
established by ordinance or resolution of the city council.
SECTION 3183. Publishing of Legal Notices.
The city clerk shall cause all legal notices to be published in accordance with State lawa
newspapeF of general GirGUlatien within the City, pGsted On the Designated LeGatiens-
an�n`a yr the City's nffinic�wiebsFte all as designated on Sectienn 308 The city clerk may
also utilize other technological means available for dissemination of information to the
public. In the event no newspaper of general circulation is published and circulated in
Draft RPV City Charter- May 11, 2018 24
the City, then all legal notices or other matters niayyshall be published by posting copies
thereof in the Designated Locations in accordance with Sestien 308 State law and on
the City's official website.
No defect or irregularity in proceedings taken under this section, or failure to designate
an official newspaper, shall invalidate any publication where the same is otherwise in
conformity with this Charter, or ordinance, or other law.
SECTION•4 •ntracts; Execution.
The City ordinances and/or resolutions shall govern the manner in which contracts are
entered into and executed. shall not be bound by aRy GontraGt, eXGept as hereffinaftef
y f aid
..
-•
Draft RPV City Charter— May 11, 2018 25
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Draft RPV City Charter— May 11, 2018 25
Draft RPV City Charter— May 11, 2018 26
ARTICLE IV - CITY MANAGER AND CITY ATTORNEY
SECTION 400. City Manager.
There shall be a city manager who shall be the chief administrative officer of the
City. The city council shall appoint, by an affirmative vote of at least three (3) of its
members, the person that it believes to be best qualified on the basis of his or her
executive and administrative qualifications, with special reference to experience in, and
knowledge of, accepted practice in respect to the duties of the office. The city manager
shall serve at the pleasure of the city council.
SECTION 401. Eligibility.
No person shall be eligible to receive appointment as city manager while serving as a
member of the city council nor within s#four (64) years after he or she has ceased to be
a member of the city council.
SECTION 402. Compensation and Bond.
The city council shall be authorized to enter into a contract of employment with the city
manager and to determine the compensation and other benefits to be paid to the city
manager. The City manager shall have no vested or nnorlural rights in nnnneGtinn
with his or her employment as pity manager, evnept as may be granter: by Gity nog Ionil
through nt oor_oorrdinanne T e-rity manager shall he paid a salaFy nommensurate
with his or her responsibilities as chief administrative offiner of the pity, which Balani
shall be established by resolution of the Gity GOunGil, OF by GentraGt with the Gity
manager.
The city manager shall furnish a corporate surety bond conditioned upon the faithful
performance of his or her duties in such form and in such amount as may be
determined by the city council. Any premium for such bond shall be a proper charge
against the City.
SECTION 403. City Manager Powers and Duties.
Draft RPV City Charter— May 11, 2018 27
The city manager's powers and duties shall be as established from time to time b
ordinance or resolution adopted by the-adm4iistrative head of the government of the
City under the direGtien and GORtFE)l of the city council. The--G4-rnanager shall be
esponsible for the effiGient administration of Fs of the City whiGh are under
the Gity manager's addition- - - •- - -
FS rl I it ac
head, and Rot as a limitatiOR thereon, the Gity manager shall have the pe -we and Li
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to all depaFtFneRt heads, subgFdiRate OffiGers and employees
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Draft RPV City Charter— May 11, 2018 28
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SECTION 404. Removal.
Unless for cause, the city manager shall not be removed from office by action taken by
the city council during the period of ninety (90) days following any municipal election at
which a member of the city council is elected. At any other time the city manager may
be removed only at a regular meeting of the city council and upon the affirmative votes
of at least three (3) members of the city council. In removing the city manager, the city
council shall have absolute discretion, and its actions shall be final. The city manager is
an at will employee and shall not have any procedural rights entitling him or her to a
hearing or other notice prior to termination, except as may be provided by ordinance or
contract.
SECTION 405. Acting City Manager.
When the city manager will be away from the office for more than one day (temporary
illness, disability, scheduled absence, etc.), the city council shall be so notified and the
deputy city manager or other departmental director, as the city manager may designate
in writing filed with the city clerk, shall be designated and delegated "acting" city
manager authority. If the city manager fails to designate an "acting city manager," the
Draft RPV City Charter— May 11, 2018 29
acting position shall be filled in this order: assistant or deputy city manager, then finance
director, unless the city council designates a qualified city administrative officer to
exercise the powers and perform the duties of city manager during the temporary
absence or disability.
SECTION 406. City Attorney.
There shall be a city attorney, who shall be appointed by and serve at the pleasure of
the city council. An affirmative vote of three (3) members of the city council shall be
required to appoint or remove the city attorney. To become and remain eligible for city
attorney the person appointed shall be an attorney-at-law duly licensed as such under
the laws of the State of California.
council.SECTION 407. City Attorney, Powers and Duties.
The city council is authorized to enter into a contract with the city attorney. The duties
of the city attorney shall be established from time to time by ordinance or resolution of
the city - no vested- - he
Represent.. all Gity G#iGers in all matteFs of la
Representpertaining to their GffiGes.
his employment er by Fea6en of his or her Off iGial GapaG*.
(G) Attend all meetings of the Gity GGunGil and give adV!Ge or el i i
to do so by the GitY GGunG11 or by any of the advisory boafcls-,
..
fax ax acs,
Draft RPV City Charter— May 11, 2018 30
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Draft RPV City Charter — May 11, 2018 31
ARTICLE V - EMPLOYEES
SECTION 500. Administrative Departments.
The city council may provide, by ordinance not inconsistent with this Charter, for the
organization, conduct and operation of the several offices and departments of the City
as this charter, for the creation of additional departments, divisions,
offices and agencies and for their consolidation, alteration or abolition. Each ne P
by the Gita Gni inGil shall be headed by an nffiGer as -department
suspendedhead -the ohm" be appointed and may be he Gity rnanager_.
The city council, by ordinance or resolution, may assign additional functions or duties to
offices, departments or agencies not inconsistent with this Charter. Where the positions
are not incompatible, the city council may combine in one person the powers and duties
of two or more offices created or authorized by this Charter. The city council shall
provide for the number, titles, qualifications, powers, duties and compensation of all
officers and employees.
SECTION1 - Powers •
There shall be a city clerk who shall be appointed by the city manager -,and the Gut
-• - •
Attendresponsibilities of the city clerk shall be as established from time to time by ordinance or
resolution of the city council.. have power and shall be required
e in person or through authorized representative, all meetingsthe nify
books
be devoted tC) SLIGh purpose.
i -. respeGtively-a#erdonanGes, with the
stating the same to be -0
..stating
• -
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Draft RPV City Charter—May 11, 2018 32
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SECTION 502. Director of Finance and Treasurer; Powers and Duties.
There shall be a director of finance who shall also be the city treasurer who shall be
appointed by the city manager, and whose appointment, suspension or removal by the
city manager shall be subject to the advice and consent of the city council. The director
of finance and treasurer shall be qualified by sufficient technical accounting training,
skill, and experience to be proficient in the discharge of the responsibilities of the
office. The duties and responsibilities of the director of finance and treasurer shall be
established from time to time by ordinance or resolution of the city council. have pewer
and shall be req sired to•
(a) Serve as t Fef fisrpl offiner of the City as well as exeroisinn all the fUnotiona
of the offine of treasurer under state law
\hamHave Gharge of the adMiRistFation of the finanGial affairs of the Gity-ander tl e
dkreGthon of the 6ty manager, and to assist and advise
in all matters pertaining to City finannoc
Cr\ Compile annuaA e expensand income estimates for the pity manager.
(d) Maintain a general ���MaGGGunting ��'"`'' stern government and each of its-
offines departments and agennies and perform allfinanGial and aGGGURting duties.
Draft RPV City Charter- May 11, 2018 33
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Draft RPV City Charter- May 11, 2018 34
SECTION 5043. Compensation.
The city council shall determine, by ordinance or resolution, the amount of
compensation to be paid to all City officers, department heads, and employees.
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Draft RPV City Charter- May 11, 2018 35
ARTICLE VI - APPOINTIVE ADVISORY BOARDS, COMMITTEES AND
COMMISSIONS
SECTION 600. In General.
To assist the city council in the governance of the City, there shall be a planning
commission and such other advisory boards, committees or commissions as the city
council may establish by ordinance or resolution. The city council shall set the
purposes and size of such advisory boards, committees and commissions and may
grant to them such powers and duties as it deems appropriate and are consistent with
the provisions of this Charter.
SECTION 601. Appropriations.
The city council shall include in its annual budget such appropriations of funds as in its
opinion shall be sufficient for the efficient and proper functioning of such advisory
boards, committees and commissions. The city council may, by ordinance or resolution,
set reasonable fees and charges for defraying the costs of hearings or other
administrative proceedings of the City's appointive advisory boards, committees and
commissions
SECTION 602. Appointments; Terms.
The members of each City advisory board, committee or commission shall be appointed
by at least three (3) affirmative votes of the city council. Each member shall be a
qualified elector of the City, or of territory legally annexed thereto, shall be domiciled in
the City for at least one (1) year ninety (90) days immediately preceding his or her
appointment and shall continue to reside in the City for the duration of his or her tenure,
unless otherwise provided by ordinance. The city council, for good cause, may waive
the requirement of residency for at least one (1) year prior to
appointment and for the duration of his or her tenure, where a
candidate's unique qualifications and experience justify such waiver. Notice of the
availability of a position for appointment or to fill a vacancy shall be subject to the
provisions of the Maddy Act (Govt. Code Section 54970 - 54974) and posted in the
Draft RPV City Charter— May 11, 2018 36
Designated Locations pursuant to Section 308 and shall also be posted on the City's
official website. The city clerk may also utilize other technological means available to
disseminate information to the public. The city council may, by resolution, adopt
additional procedures to receive and consider applicants for City advisory boards,
committees and commissions. No member of a City advisory board, committee or
commission shall hold any paid office or employment in the City government. The
members thereof shall serve for a term of four (4) years, unless the city council
establishes a different term by ordinance or resolution, and until their respective
successors are appointed and qualified. The respective terms of office of all members of
the advisory boards, committees and commissions in existence at the time this Charter
takes effect shall continue upon the effective date of this Charter.
SECTION603. Meetings;
The manner in which the meetings of such advisory boards, committees and
commissions shall be governed shall be established by ordinance or resolution of the
City Council.
As _. - .. - day of - - - eF SuGh othe
as m -ay be designated by resolution of the • •-ese
member.. .r .. .GomrMitufeee.. ...
. r r . . by • . one or more of it
members seservell - pleasureOf SUGh advisGry
• . • ••Or G —Ualess otherwiseordinanGe er On the
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Draft RPV City Charter — May 11, 2018 37
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SECTION 604. Compensation.
Unless otherwise provided by ord,i,nan-Gr4esol tion of the pity not innil +The members
of advisory boards, committees and commissions shall serve without compensation for
their services as such, but may receive reimbursement for necessary traveling and
other expenses incurred on official duty when such expenditures have received
authorization by the city council.
SECTION 605. Removal; Vacancies.
Any member of an advisory board, committee or commission shall serve at the pleasure
of the city council and may be removed at any time by a vote of a majority of the
membership of the city council.
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Draft RPV City Charter—May 11, 2018 38
Draft RPV City Charter — May 11, 2018 39
SECTION 6076. Planning Commission; Powers and Duties.
There shall be a planning commission consisting of no fewer than five (5) members.
The director of community development or his or her designated representative, shall
attend all planning commission meetings. The planning commission may meet with and
receive advice from the city attorney as it or the city attorney may deem necessary. The
planning commission shall have all ef the following powers and duties, whiGh pE)w
W Aperform all duties set out in the State Planning and Zoning Law for a planning
agency as same now exists and as same may hereafter be amended, and have such
additional powers and duties as may be established from time to time by ordinance or
resolution of the city council.
,
Draft RPV City Charter— May 11, 2018 40
ARTICLE VII - PERSONNEL SYSTEM
SECTION 7040. Personnel Rules and Policies
The city council may by ordinance or resolution establish a system of personnel rules
and policies, governing the terms of employment of any or all employees of the City.
-x• - - - x• x - - x - -
IM �\ I.�l 1�.•!1.lx��..�nli•-..1�\.\xl�e���f••[�J\:I�t\\:t\.��..�I[�l.•-.\.\xI.��It����:(�1\. \xl���l l-. [�.[�1.. \�1�..\ JAI
i ME.MRiiv� ......
..+....ii am u: ��.�i.—..u:..:: \�:.� .�MW�� - : A.w•i • •ii��i.�..-•oFF;Mrta
m�.i \: �.i.�aii..uv i i
��..�.iiv.����i\�uo� i �i\Q..\ni..�u:.\�u �x�.i.���x�i��uux�ic�ax��i.0 •��
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Draft RPV City Charter— May 11, 2018 41
•. . •C .•MIT 11
SECTION 7012. Contracts with Employees; State Employees Retirement System.
(a) Memorandum of Understanding. City may enter into any contracts or collective
bargaining agreements with its employees, and shall meet and confer with the duly
authorized representative of such employees regarding wages, hours and other terms
and conditions of employment to be included in any such agreement. The city council
may by resolution establish conditions for the recognition of employee bargaining
groups, but shall retain management rights and necessary authority to administer the
City organization.
(b) CalPERS contract. Plenary authority under this Charter shall be vested in the
City and the city council, and by delegation of the city council, to its several officers,
agents, and employees, to do all acts and exercise all authority granted, permitted, or
required to enable the City to continue as a contracting city under the Public Employees'
Retirement System, and shall terminate such contract only in accordance with state law.
SECTION 7023. Eligibility for Appointed Office.
No person holding or retaining any elective public office, and no person holding any
appointed office whose duties are incompatible with the duties to be discharged for the
City, shall be eligible for appointment as city manager, city attorney, or a member of any
appointed advisory board, committee or commission. No person shall be eligible for
appointment as city manager, city attorney, or a member of any appointed advisory
board, committee or commission who is a relative by blood or marriage within the third
degree of any one or more members of the city council. The city manager, respective
department heads, and all other persons empowered by this Charter or ordinance to
appoint any person to any appointed position in the City government shall not appoint
any person who is a relative by blood or marriage within the third degree of the person
making the appointment.
Draft RPV City Charter— May 11, 2018 42
SECTION 7034. Illegal Contracts; Financial Interest; Incompatible Employment.
(a) Conflicts of Interest. All officers and employees of the City shall fully comply with
all state laws regarding conflicts of interest and incompatible employment inGluding
that: /i\ Ne member of.ity_Goua6 dep,pff7cn-tho�'r�n+-ha %-r-of the
(evnept a memb_�_�parof_anyar:�iao sy_r�l }ap.aa^d rnmmi++ee OF nnmmicc��n. 7-slly
dl
4a4 he finannia
in+erestedlirently or indlireg+li ",any qn^ (`
high the i+�i �al
party;
d � � of any
J d"'dvi y—beard ryn Ge iocion shall
finnaaRGiiaa�-interested, _lly inttdliren+lei or inrliren+I�i inin any ron+rant_��a or trans�aGthen tt
nrr r
the Gity is and whiGhGOme s afore the adyisery be , GOMMittee yr
nnmmissi in of which sr Gh person-isr ^�the_Tr
whish pertainte the4e-pa#nient, nffine or ag nGy of the City with V., i I GU
beard, GO.-mittee or d. . . is GanneGted. AnY GGRtrraaGt, sale er+ransaGtion in
whfG%- hefe shall he : i rnh an interest as spenifiedl in seGio
+_� shal�llbbeGGmme void
the eleGtion of the Gitv.w4en so deGlared by reselu of the 1 inGil The general
laws
of the State of i'al fGFRia-sd) h he usein determining inch att Constitutes a finarn Gig.
interest fpr the purpose of this senting which general layers may he supplemented or
modified byregulatins of the G' diin�TnainGe.
(b) Forfeit Office. If any member of the city council, department head or other officer
of the City, or member of an advisory board, committee or commission shall be
financially interested as aforesaid, upon conviction thereof he or she shall forfeit his or
her office in addition to any other penalty which may be imposed for such violation of
this Charter.
(c) Incompatible Employment. No city council member, department head, or other
officer or employee of the City shall engage in any employment activity or enterprise
which is inconsistent, incompatible, or in conflict with his or her duties with the City. The
city council may, by ordinance, resolution, or regulation, adopt rules for determining
those outside activities which are inconsistent, incompatible, or in conflict with the
official duties for the City for the various offices or employment.
Draft RPV City Charter — May 11, 2018 43
ARTICLE VIII - ELECTIONS
SECTION 800. General Municipal Elections.
General municipal elections for the election of city council members and for such other
purposes as the city council may prescribe shall be held in the City on the first Tuesday
in November in each even numbered year. This section shall not apply to the general
municipal election scheduled to be held in November 2019.
SECTION 801. Special Municipal Elections.
Atl-oOther municipal elections that may be held in accordance with city ordinances by
authority of this Charter, oF of aRY not inconsistent with State law governing general law
cities, and such elections shall be known as special municipal elections.
SECTION 802. Procedure for Holding Elections.
All elections shall be held in accordance with the provisions of the Elections Code of the
State of California, as the same now exist or hereafter may be amended, for the holding
of municipal elections, so far as the same are not in conflict with this Charter. The city
council may in its discretion determine to conduct mail ballot elections by such
procedure as it may prescribe by ordinance.
SECTION 803. Initiative, Referendum and Recall.
There are hereby reserved to the electors of the City the powers of the initiative and
referendum and of the recall of municipal elective officers. The provisions of the
Elections Code of the State of California, as the same now exist or hereafter may be
amended, governing the initiative and referendum and the recall of municipal officers,
shall apply to the use thereof in the City_
are not in nonflint with the provisions of this Charter.
Draft RPV City Charter— May 11, 2018 44
ARTICLE IX - FISCAL ADMINISTRATION
SECTION 900. Fiscal Year.
The fiscal year of the City government shall be as specified by ordinance of the city
council.
SECTION 901. Annual Budget.
The city council shall establish by ordinance the procedures for the preparation, review,
adoption, distribution and administration the annual budget. The city council may
establish other policies and procedures regarding the annual budget, such as reserve
policies and adoption deadlines, by resolution. The city manager shall be responsible
for the preparation of the budget in accordance with such policies.
SECTION 902. Proposed Budget; Submission to City Council.
At least sixty (60) days prior to the beginning of each fiscal year, the city manager shall
submit to the city council the proposed budget and make copies of same available for
inspection by the public in the office of the city clerk, on the City's official website and
the Designated Locations per Section 308, and may use such other technological
means available to disseminate information to the public as the city clerk may
determine. After reviewing the proposed budget and making such revisions as it may
deem advisable, the city council shall determine the time for the holding of a public
hearing thereon and shall cause to be published a notice thereof not less than ten (10)
days prior to said hearing. Copies of the revised proposed budget shall be available for
inspection by the public in the office of the city clerk at least ten (10) days prior to said
hearing.
SECTION 903. Budget; Public Hearing.
At the time and place specified in the notice, the city council shall hold a public hearing
on the proposed budget, at which interested persons shall be given the opportunity to
be heard and present evidence. The hearing may be continued from time to time by the
city council.
Draft RPV City Charter — May 11, 2018 45
SECTION 904. Budget; Adoption.
On or before the first date of the fiscal year, city council shall adopt such budget as it
deems appropriate for that fiscal year by resolution. If because of an emergency the city
council does not adopt the budget in a timely fashion, one -twelfth of the amount of the
total prior fiscal year's budget may be expended each month until the budget is adopted,
provided that, if the city manager's estimates project a decrease in revenues from the
prior fiscal year, the amount which may be expended in any month shall be reduced by
one -twelfth of the total revenue decrease projected. A copy of the approved budget,
certified by the city clerk, shall be filed with the director of finance and treasurer and a
further copy shall be placed, and shall remain on file, in the office of the city clerk where
it shall be available for public inspection. The budget so certified shall be reproduced
and copies made available for the use of the public and of departments, offices and
agencies of the City, and shall be posted on the City's official website and at the
Designated Locations pursuant to Section 308. The city clerk may also use other
technological means available to disseminate information to the public.
SECTION 905. Budget; Appropriations.
From the effective date of the budget, the several amounts stated therein as proposed
expenditures shall be and become appropriated to the several departments, offices and
agencies for the respective objects and purposes stated. All appropriations shall lapse
at the end of the fiscal year to the extent that they shall not have been expended or
lawfully encumbered.
At any meeting after the adoption of the budget, the city council may by resolution
amend or supplement the budget by motion adopted by the affirmative votes of at least
three (3) members so as to authorize the transfer of unused balances appropriated for
one purpose to another purpose, or to appropriate available funds not included in the
budget, or to cancel any appropriation not expended or encumbered.
Draft RPV City Charter — May 11, 2018 46
SECTION 906. Municipal Finance Authority.
The city council is specifically authorized to regulate municipal finance and adopt
ordinances, resolutions and orders within the municipal affairs of the City to the extent
permitted to charter cities under the State Constitution. The City may in its discretion
comply with state laws regulating municipal finance or avoid enactments of the State of
California contrary to its ordinances.
SECTION 907. Lied on Tax Authority.
The City shall have the full power to enact any taxes, assessments, fees or any other
measures from the purposes of raising revenue which charter cities in the State of
California may enact, subject to applicable provisions of the State Constitution.
apply:Notwithstanding the_preceding paragraph, the City Council is expressly prohibited from.
seeking to impose or obtain voter approval of a documentarV transfer tax. (SY comment
— this is added for discussion purposes since we know this is a hot button issue)
autherity to enaGt taxes as stated above, the following limitations shall (a) General Tax. The Gity GGunGil shall ot impose, extend, or inGFease any general
tax for general government puFpG_ses unless and until that tax is submitted to #
eleGtGrate and approved by a rnajoFity vote. A general tax shall not be -- to have
been *nGFeased of it i mpe6ed at a rate Rot higher than the maximum rate se approved.
tax fGF SPeGifiG purposes unless and unto! that tax is submitted to --- and
deemed to have been
RGreased at a rate not higher than the -ate 6e approved.
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Draft RPV City Charter—May 11, 2018 47
SECTION 908. Tax Procedure.
The procedure for the assessment, levy and collection of taxes upon property, taxable
for municipal purposes, or establishment of property assessments or imposition of fees
may be prescribed by ordinance of the city council, subject to applicable provisions of
the State Constitution.
SECTION 909. Bonded Debt.
The City shall have full power to incur bonded indebtedness for the purpose of raising
revenue to the full extent permissible to charter cities under the State Constitution. No
bonded indebtedness which shall constitute a general obligation of the City may be
created unless authorized by the affirmative votes of two-thirds of those electors voting
on such proposition at any election at which the question is submitted to the electors, in
full compliance with the provisions of the State Constitution and of this Charter provided,
however, that to the extent the State Constitution in the future allows for a lesser
requirement than a two-thirds vote of the electors with respect to water, wastewater,
stormwater or other municipal facilities, the provisions of the State Constitution shall
apply.—This requirement shall not apply to other forms of municipal finance, including
taxation, assessments and fees, which may be enacted in accordance with Section 907.
SECTION 910. €aeEtien Voter Approval for Major Capital Projects.
"Maximum Expenditure" shall mean two (2) times the average of the City's annual
general fund revenues for the immediately preceding four (4) fiscal gears. An
affirmative vote of a m Jority of electors voting, at an election called by the city council
or by initiative, shall be required for any appropriation, expenditure or commitment over
time for a public improvement or facility that exceeds the "Maximum Expenditure." The
"Maximum Expenditure" may be exceeded without a vote of electors upon the
affirmative vote of four members of the city council finding that there is an emergency
which necessitates such appropriation, expenditure or commitment in excess of the
Maximum Expenditure. "Maximum Expenditure" applies onlyto city_general fund
revenues; it does not apply to funding for a public improvement or facility from other
Draft RPV City Charter — May 11, 2018 48
sources, such as grants, gifts or awards from state, federal, private or other non -city
sources.
SECTION 911. Presentation of Demands.
(a) Presentation of Claims for Damages. All claims for damages against the City
shall be governed by the general laws of the State of California, so foras
applicable to general law cities. The city council may prescribe other requirements by
v are h
ordinance or resolution. s c pp'"Galve and eXGept as etheni-v"�NSe provided hereon. dor
all Glaims not othepNise Govered by the geneFal laws of the State of Califernia, all Glaims
for damages against the City must be verified and presented to the nit y nlerk within one
/1 \ ear ninety (90) days after the onr•, it a event or transantion from whish the
1��yccn-r-rn-rcc9-r�ri�7-uay-.rurrcr-sr�L vcc�r�er� �
damages arose, o�T��SUGh shorter m. as is otherwise p— irl-A k- I—,
♦
ad shall setforth •!in` detail the name and address off_thimmaant the tame,
and GOFGUmstanGes of the E)GGUrrenGe and the extent of the injuries or damag
Draft RPV City Charter - May 11, 2018 49
Draft RPV City Charter — May 11, 2018 50
�payment. The -1 d to any suit filer] here
v,ry- tA�V�-f2S�9n ��„��,-s�T�u-R
Gity.
SECTION 912. Independent Audit.
The city council shall employ, at the beginning of each fiscal year, a qualified certified
public accountant who shall, at such time or times as may be specified by the city
council, and at such other times as the accountant shall determine, examine the books,
records, inventories and reports of all officers and employees who receive, handle or
disburse public funds and of all such other officers, employees or departments as the
city council may direct. No later than one hundred and eighty (180) days after the end
of the fiscal year, a final audit and a report shall be submitted by such accountant to the
city council, one copy thereof to be distributed to each member, one to the city
manager, director of finance and treasurer and city attorney, respectively, and sufficient
additional copies of the audit shall be placed on file in the office of the city clerk where
they shall be available for the general public, and a copy of the financial statement as of
the close of the fiscal year shall be available on the City's official website and at
Designated Locations pursuant to Section 308. The city clerk may also use other
technological means available to disseminate information to the public.
In addition to the annual audit report, the auditor shall submit a management letter to
the city manager that identifies suggested improvements in internal controls and other
financial procedures that the auditor identified during the audit. The city manager will
prepare a written response stating actions taken or proposed that will remedy the
problems. The management letter and the city manager's response shall be presented
to the city council with the annual audit report. The auditor shall present and briefly
explain the audit report results at a regular or adjourned regular meeting of the city
council.
SECTION 913. Purchasing Ordinance.
Draft RPV City Charter—May 11, 2018 51
The city council may, by ordinance, establish procedures for the procurement of
supplies, services, construction of public works, and the like. Such ordinance may
provide requirements and procedures for competitive bidding, and award to the lowest
responsive and responsible bidder except that no competitive bidding shall be required
for sole source contracts, contracts for professional services, design build GontraGt&-, or
contracts undertaken in response to emergency situations or other situations authorized
by ordinance of the city council. Formal bids need not be obtained for professional
services, but informal bids shall be obtained from at least three (3) individuals or firms,
and a report shall be prepared documenting the process used and the reasons for
selecting the provider. Such ordinance may also establish standards or qualifications for
the screening of contractors or providers of goods and services by a prequalification
process, so that in specified circumstances factors other than price may be considered,
and a competitive registration process may be utilized based upon demonstrated
competence and qualifications in planning, design, development, finance, construction,
maintenance, improvement, repair and operational characteristics. On call contracts
can also be let where after a bid process is completed, contractors can be on standby to
carry out maintenance, repair work and public improvements as the need occurs.
Appropriate contract controls can be prescribed by the city council in the purchasing
ordinance. The purchasing ordinance shall also establish criteria for insurance,
bonding, liability, transferability, changes, terms, enforcement and other factors.
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Draft RPV City Charter— May 11, 2018 52
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empley of the-G+ty-..
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SECTION 9145. Outsourcing.
The City may enter into a contract for any services which can be performed in a
superior and cost effective manner by such contractor, unless limited by the Constitution
of the State of California. The City shall periodically review its existing operations and
services to consider whether said operations and/or services may be performed as or
more efficiently and effectively by a third party. Any contract entered into, pursuant to
this provision, shall be approved by the city council.
Draft RPV City Charter— May 11, 2018 53
ARTICLE X - FRANCHISES
SECTION 1000. Granting of Franchises.
Any person, firm or corporation furnishing the City or its inhabitants with transportation,
communication, terminal facilities, water, light, heat, electricity, gas, power, television,
refrigeration, storage or any other public utility or service, or using the public streets,
ways, alleys or for the operation of plants works or equipment for the furnishing thereof,
or traversing any portion of the City for the transmitting or conveying of any such service
elsewhere, may be required by ordinance to have a valid and existing franchise
therefor. The city council is empowered to grant such franchise to any person, firm or
corporation, whether operating under an existing franchise or not, and to prescribe the
terms and conditions of any such grant to protect public health and safety, minimize
environmental impacts, mitigate impacts on property, prevent interference with City
operations, and assure cost recovery. It may also provide, by procedural ordinance, the
method of procedure and additional terms and conditions of any such grant or the
making thereof, all subject to the provisions of this Charter.
Nothing in this section, or elsewhere in this article, shall apply to the City, or to any
department thereof, when furnishing any such utility or service.
SECTION 1001. Resolution of Intention; Notice and Public Hearing.
Unless otherwise provided by ordinance of the city council, before granting any
franchise, the city council shall pass a resolution declaring its intention to grant the
same, stating the name of the proposed grantee, the character of the franchise and the
terms and conditions upon which it is proposed to be granted. Such resolution shall fix
and set forth the day, hour and place when and where any persons having any interest
therein or any objection to the granting thereof may appear before the city council and
be heard thereon. It shall direct the city clerk to publish said resolution at least once,
within fifteen (15) days of the passage thereof, in a newspaper of general circulation in
the City, posted on the City's official website and at the Designated Locations pursuant
to Section 308. The city clerk may also use other technological means available to
Draft RPV City Charter— May 11, 2018 54
disseminate information to the public. Said notice shall be published at least ten (10)
days prior to the date of hearing.
At the time set for the hearing the city council shall proceed to hear and pass upon all
protests and its decision thereon shall be final and conclusive. Thereafter it may by
ordinance grant the franchise on the terms and conditions specified in the resolution of
intention to grant the same, subject to the right of referendum of the people, or it may
deny the same. If the city council shall determine that changes should be made in the
terms and conditions upon which the franchise is proposed to be granted, a new
resolution of intention shall be adopted and like proceedings had thereon. In connection
with granting any franchise, city council may set and collect any franchise fee it deems
reasonable, so long as such fee is not arbitrary or confiscatory.
SECTION 1002. Term of Franchise.
Every franchise shall state the term for which it is granted, which shall not exceed ten
(10) years with a maximum of two (2) opportunities to extend the franchise for an
additional five (5) years each. Any extensions shall be subject to the approval of a
majority of the city council. Any franchise agreement entered into by the City and
effective on the effective date of this Charter, whose term extends beyond twenty (20)
years after the effective date of this Charter, shall continue in effect for a period of
fifteen (15) years beyond the effective date of the Charter, and no further, provided that
any franchisee whose franchise is in effect on the effective date of this Chapter may
seek an extension of the franchise from city council beyond the fifteen (15) year limit.
The city council may grant a longer term on a case by case basis if it finds the ten (10)
year limit would impair the franchisee's ability to realize a reasonable return on
investment of funds invested prior to the effective date of this Charter, in reliance on the
franchise. The city council may promulgate rules and regulations for the making and
consideration of applications for such longer term franchises.
Draft RPV City Charter— May 11, 2018 55
SECTION 1003. Franchise Inapplicable to City.
No franchise requirement of the City shall apply to the City, nor any subdivision,
department, or division thereof.
SECTION 1004. Eminent Domain.
No franchise grant shall in any way, or to any extent, impair or affect the right of the City
to acquire the property of the grantee thereof either by purchase or through the exercise
of the right of eminent domain, and nothing therein contained shall be construed to
contract away or to modify or to abridge, either for a term or in perpetuity, the City's right
of eminent domain with respect to any public or private utility. In such a proceeding, no
value shall be assigned to the franchise rights themselves, but only to any fixtures or
equipment, or other interests arising out of the exercise of the franchise rights, as may
be compensable under the general laws of the State of California.
Draft RPV City Charter— May 11, 2018 56
From: Teresa Takaoka
Sent: Monday, June 18, 2018 8:13 AM
To: Nathan Zweizig
Subject: FW: Charter clean SY version June17.2018
Attachments: RPV Charter with SY mods of June 17.2018.docx
From: sharon yarber [mailto:momofyago@gmail.com]
Sent: Sunday, June 17, 2018 1:49 PM
To: CC <CC@rpvca.gov>; Carolynn Petru <carolynn.petru@gmail.com>; Len Wood <lenwood@aol.com>; Lowell R. Wedemeyer
<lowell@transtalk.com>; Chip Zelt <chipzelt@gmail.com>; Chris Wanlin Huang <cgpharmd@yahoo.com>; Michael Huang
<mikehgalaxy@gmail.com>; Glenn Cornell <gcorne116@gmail.com>; Jessica Vlaco <vlaco5@cox.net> <vlaco5@cox.net>; Lois
Karp <jlkarp@cox.net>; George Zugsmith <zuggielaw@gmail.com>; Noel Park <noelparkone@gmail.com>
Cc: Doug Willmore <DWillmore@rpvca.gov>
Subject: Fwd: Charter clean SY version June17.2018
And here is the clean version. If you disregard and cover sheet, preamble and index, as well as the large blank areas
between sections, it's really only about 24 pages long.:)
COM
CITY OF RANCHO PALOS VERDES
CITY CHARTER
AS OF MAY 11, 2018
(Includes Red -Line Changes from May 3, 2018 Version)
The City of Rancho Palos Verdes incorporated as a California general law city on
September 7, 1973. Subsequently, the area known as "Eastview" was annexed to the
City on January 5, 1983. On , with the approval of the City's voters,
the City of Rancho Palos Verdes became a California chartered city.
Draft RPV City Charter — May 11, 2018
TABLE OF CONTENTS
PREAMBLE
ARTICLE I. INCORPORATION AND SUCCESSION
SECTION 100.
Name and Boundaries.
SECTION 101.
Succession, Rights and Liabilities.
SECTION 102.
Ordinances.
SECTION 103.
Continuance of Present Officers and Employees.
SECTION 104.
Continuance of Contracts.
SECTION 105.
Pending Actions and Proceedings.
SECTION 106.
Seal.
SECTION 107.
Severability.
SECTION 108.
Effective Date of Charter.
SECTION 109.
Amendment.
ARTICLE ll. POWERS OF THE CITY
SECTION 200.
Powers.
SECTION 201.
Procedures.
SECTION 202.
Form of Government..
SECTION 203.
Establishment of Specialized Agencies or Authorities.
SECTION 204.
Enterprise Funds.
SECTION 205.
General Land Use Authority; Goals and Objectives.
SECTION 206.
Preservation of Public Parkland.
ARTICLE III. CITY COUNCIL
SECTION 300.
SECTION 301.
SECTION 302.
SECTION 303.
Powers Vested in the City Council.
Elective Officers.
Mayor; Mayor Pro Tempore.
Eligibility.
Draft RPV City Charter- May 11, 2018 2
SECTION 304.
Compensation and Expenses.
SECTION 305.
Limitation of Terms.
SECTION 306.
Vacancies.
SECTION 307.
Meetings.
SECTION 308.
Adoption of Ordinances and Resolutions.
SECTION 309.
Ordinances; Publication.
SECTION 310.
Codification of Ordinances.
SECTION 311.
Ordinances; When Effective.
SECTION 312.
Ordinances; Violation; Penalty.
SECTION 313.
Publishing of Legal Notices.
SECTION 314.
Contracts; Execution.
ARTICLE IV. CITY MANAGER AND CITY ATTORNEY
SECTION 400.
City Manager.
SECTION 401.
Eligibility.
SECTION 402.
Compensation and Bond.
SECTION 403.
City Manager; Powers and Duties.
SECTION 404.
Removal.
SECTION 405.
Acting City Manager.
SECTION 406.
City Attorney.
SECTION 407.
City Attorney; Powers and Duties.
ARTICLE V. EMPLOYEES
SECTION 500.
SECTION 501.
SECTION 502.
SECTION 503
Administrative Departments.
City Clerk, Powers and Duties,
Director of Finance and Treasurer; Powers and
Duties.
Compensation.
Draft RPV City Charter — May 11, 2018 3
ARTICLE VI. APPOINTIVE ADVISORY BOARDS, COMMITTEES AND
COMMISSIONS
SECTION 600.
In General.
SECTION 601.
Appropriations.
SECTION 602.
Appointments; Terms.
SECTION 603.
Meetings; Chairs.
SECTION 604.
Compensation.
SECTION 605.
Removal, Vacancies..
SECTION 606.
Planning Commission, Powers and Duties.
ARTICLE VII. PERSONNEL SYSTEM
SECTION 700. Personnel Rules and Policies.
SECTION 701. Contracts with Employees; State Employees
Retirement System.
SECTION 702. Eligibility for Appointed Office.
SECTION 703. Illegal Contracts; Financial Interest; Incompatible
Employment.
ARTICLE VIII. ELECTIONS
SECTION 800.
SECTION 801.
SECTION 802.
SECTION 803.
General Municipal Elections.
Special Municipal Elections.
Procedure for Holding Elections.
Initiative, Referendum and Recall.
ARTICLE IX. FISCAL ADMINISTRATION
SECTION 900.
Fiscal Year.
SECTION 901.
Annual Budget.
SECTION 902.
Proposed Budget; Submission to City Council.
SECTION 903.
Budget; Public Hearing.
SECTION 904.
Budget; Adoption.
Draft RPV City Charter— May 11, 2018 4
SECTION 905
SECTION 906
SECTION 907
SECTION 908
SECTION 909
SECTION 910
SECTION 911
SECTION 912
SECTION 913
SECTION 914
ARTICLE X. FRANCHISES
SECTION 1000.
SECTION 1001.
SECTION 1002.
SECTION 1003.
SECTION 1004.
Budget; Appropriations.
Municipal Finance Authority.
Tax Authority.
Tax Procedure.
Bonded Debt.
Voter Approval for Major Capital Projects.
Presentation of Demands.
Independent Audit.
Purchasing Ordinance..
Outsourcing.
Granting of Franchises.
Resolution of Intention; Notice and Public Hearing.
Term of Franchise.
Franchise Inapplicable to City.
Eminent Domain.
Draft RPV City Charter— May 11, 2018 5
We, the People of the City of Rancho Palos Verdes, State of California, declare our
intent to protect and preserve the values that have guided and sustained our City since
it was formed in 1973. We hold dear the historic doctrine of home rule; the right to
determine land use to maintain the low-density, semi -rural character of our community;
and the protection of coastal resources, fragile ecosystems, canyons, open space areas
and views; and seek to protect the City's values from forces which would encroach on
them. We believe that fiscal responsibility and the prudent stewardship of public funds is
essential for confidence in government; that ethics and integrity are the foundation of
public trust; and, that just governance is built upon these values. The express purpose
of this Charter is to secure and exercise for the City of Rancho Palos Verdes the full
scope of control over its municipal affairs that is authorized by law. We do hereby
exercise the express home rule rights granted by the Constitution of the State of
California for the people and we do hereby adopt this Charter for the citizens of the City
of Rancho Palos Verdes.
Draft RPV City Charter — May 11, 2018 6
ARTICLE I - INCORPORATION AND SUCCESSION
SECTION 100. Name and Boundaries.
The City of Rancho Palos Verdes, hereinafter termed the City, shall continue to be a
municipal corporation under its present name of "City of Rancho Palos Verdes." The
boundaries of the City shall be the boundaries established at the time this Charter takes
effect, and as such boundaries may be changed thereafter from time to time in the
manner authorized by law.
SECTION 101. Succession, Rights and Liabilities.
The City shall continue to own, possess and control all rights and property of every kind
and nature owned, possessed or controlled by it at the time this Charter takes effect and
shall continue to be subject to all its debts, obligations, liabilities and contracts.
SECTION 102. Ordinances.
All lawful ordinances, resolutions, rules and regulations, and portions thereof, in force at
the time this Charter takes effect, and not in conflict or inconsistent herewith, are hereby
continued in force until they are repealed, amended, changed or superseded.
SECTION 103. Continuance of Present Officers and Employees.
The present officers and employees of the City shall continue to perform the duties of
their respective offices and employments without interruption and for the same
compensations and under the same conditions until the appointment or election and
qualification of their successors, but subject to removal, amendment, change, or control
as provided by this Charter. Nothing contained in this Charter, unless specifically
otherwise provided herein, shall affect or impair the personnel, pension, or retirement
rights or privileges of officers or employees of the City, or of any office, department, or
agency thereof, existing at the time this Charter takes effect.
SECTION 104. Continuance of Contracts.
All contracts entered into by the City or for its benefit prior to the effective date of this
Charter and then in effect, shall continue in full force and effect according to their terms.
Draft RPV City Charter—May 11, 2018
SECTION 105. Pending Actions and Proceedings.
No action or proceeding, civil or criminal, filed and pending at the time this Charter takes
effect, brought by or against the City or any officer, office, department or agency
thereof, shall be affected or abated by the adoption of this Charter or by anything
contained in the Charter, but all such actions or proceedings may be continued.
SECTION 106. Seal.
The official seal of the City at the time this Charter takes effect shall continue to be the
official seal of the City for its acts and business unless and until changed by ordinance
of the city council.
SECTION 107. Severability.
If any article, sections, sentence, clause or portion of this Charter is for any reason held
to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and severable and such
holding shall not affect the validity of the remaining portions of this Charter.
SECTION 108. Effective Date of Charter.
This Charter shall take effect upon its approval and ratification by the qualified voters of
the City and, if approved, after filing and acceptance by the Secretary of State, in
accordance with State general law.
SECTION 109. Amendment.
Any proposal for the amendment, revision, or repeal of this Charter or any portion
thereof may be proposed by majority vote of the members of the city council, or by
initiative by the People of the City of Rancho Palos Verdes. No such proposal shall be
effective until approved by a majority vote of the City's voters voting at a statewide
general election for proposals by the city council, or at a statewide general, statewide
primary or regularly scheduled municipal election for proposals by initiative, and filed
with the Secretary of State, in accordance with State general law.
Draft RPV City Charter— May 11, 2018 8
ARTICLE II - POWERS OF THE CITY
SECTION 200. Powers.
The City shall have the power to make and enforce all laws and regulations in respect to
municipal affairs, subject only to such restrictions and limitations as may be provided in
this Charter and in the Constitution of the State of California and to avoid enactments of
the State of California contrary thereto. The City shall also have the power to exercise,
or act pursuant to any and all rights, powers, privileges or procedures, heretofore, or
hereafter established, granted or prescribed by any law of the State, by this Charter, or
by other lawful authority, or which a municipal corporation might or could exercise, or
act pursuant to, under the Constitution of the State of California. The enumeration in
this Charter of any particular power shall not be held to be exclusive of, or any limitation
upon, the generality of the foregoing provisions. This Charter shall be liberally
construed to vest the City with all legal authority and powers necessary to protect the
health, safety, and general welfare of all of the citizens of the City.
SECTION 201. Procedures.
The City shall have the power to and may act pursuant to any procedure established by
any law of the State, unless a different procedure is required by this Charter.
SECTION 202. Form of Government.
The municipal government established by this Charter shall continue to be the form of
government known as the "Council -Manager" form of government.
- I DO NOT SEE THE NECESSITY FOR THIS SECTION
SECTION 203. Establishment of Specialized Agencies or Authorities.
The City shall have the same powers to establish specialized agencies or authorities as
a general law City.
Draft RPV City Charter— May 11, 2018 9
SECTION 204. Enterprise Funds.
(a) The City may not impose a fee or charge for water or sewer service, hook-ups,
permitting, transfer or any other service that exceeds the cost of providing that
service.
(b) The City may not collect for its own general fund in -lieu taxes, fees or charges from
any enterprise fund for administration or any other purposes except for
administration of the fund.
(c) The City may not borrow funds held in reserve in any enterprise fund for its use or
the use of any other department or program of the City except in the case of a
declared emergency in accordance with state law.
SECTION 205. General Land Use Authority; Goals and Objectives.
The City of Rancho Palos Verdes is a low-density, semi -rural residential community with
limited commercial development and significant infrastructure challenges that prides
itself in providing exceptional service to the residents and business community it serves.
The City is characterized by its unique topography, coastal areas, natural open spaces
and views. It is the goal of the City to maintain its low-density, semi -rural legacy; to
permit commercial development that is in harmony with the environment; to maintain a
sound financial base; to ensure neighborhood compatibility; and, to serve the needs of
those who reside, work and recreate in the City. In promoting balance and livability, it is
the goal of the City that residents be able to reside, work, purchase goods and services,
attend school, recreate, and otherwise enjoy the civil society, natural environment, and
other amenities of Rancho Palos Verdes.
Except as otherwise provided by ordinance of the city council, the City shall have the full
power to enact regulatory land use measures; provided, however, that the City's zoning
and all ordinances adopted in connection therewith shall at all times be consistent with
the General Plan. ,
SECTION 206. Preservation of Public Parkland.
No public park or beach or portion thereof now or hereafter owned or operated by the
City shall be sold, leased, exchanged or otherwise transferred or disposed of unless
Draft RPV City Charter— May 11, 2018 10
authorized by the affirmative votes of at least three members of the city council and by
the affirmative vote of at least a majority of the electors voting on such proposition at a
general municipal election or at a special municipal election called as an urgency matter
by at least four members of the city council.
This section shall not apply to the following:
(a) Any lease, franchise, or contract (including concession agreement) in existence
prior to the adoption of this Charter, but the lease, franchise, or contract shall not
be amended to relocate it on the same or different public park or beach, or
increase the intensity of use or the amount of parkland dedicated to or used by
the holder of the lease, franchise, or contract.
(b) Any utility or public works construction, maintenance and repair which does not
negatively impact long-term recreational opportunities.
(c) Any land deed restricted as a nature or habitat preserve.
(d) Any real property or land the City may acquire from time to time for uses other
than parkland or beach, such as for public facilities, streets or access, or other
public works, or for emergency preparedness, or other public purpose.
(e) Vacation of public streets or rights of way in accordance with state law.
(f) Any temporary contract, lease or concession agreement having a term of less
than five (5) years and entered into for the purpose of maintaining, protecting or
enhancing the parkland or beach, or promoting the public use or enjoyment
thereof.
(g) Any lease, franchise or contract with a term of ten (10) years or less which is
approved by four or more members of the city council.
Draft RPV City Charter— May 11, 2018 11
ARTICLE 111 - CITY COUNCIL
SECTION 300. Powers Vested in the City Council.
All powers of the City shall be vested in the city council except as otherwise provided in
this Charter.
SECTION 301. Elective Officers.
The elective officers of the City shall consist of a city council of five (5) members, one of
whom shall be the mayor. The members of the city council shall be elected from the
City at large at the time and in the same manner as provided by State laws applicable to
general law cities. Except for the three (3) year terms commencing in 2017 and 2019
which shall be three (3) years, all members of city council shall serve for a term of four
(4) years and until their respective successors are elected and qualified.
SECTION 302. Mayor; Mayor Pro Tempore.
The process for selection of Mayor and Mayor Pro Tempore shall be governed by the
City's ordinances as adopted from time to time.
SECTION 303. Eligibility.
No person shall be eligible to hold an elective office unless he or she is, at the time of
issuance of nomination papers for the elective office, a qualified elector of the City, or of
territory legally annexed thereto, and shall have been domiciled in the City for at least
thirty (30) days immediately preceding his or her election.
Any elective officer of the City who shall accept or retain any other elective public office,
or any other public office whose duties are incompatible with the duties of a member of
the city council of the City, except as may be otherwise provided by this Charter, shall
be deemed thereby to have immediately vacated his or her council office in accordance
with the rules of Government Code Section 1125 or any successor provision thereto.
SECTION 304. Compensation and Expenses.
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All members of the city council, including the mayor, shall receive as compensation for
their services a monthly salary which is the lesser of either the amount established by
city council ordinance or the amount established in accordance with, and limited by, the
provisions of law applicable to the salaries of city council members in general law cities
as set forth in Section 36516 of the Government Code of the State of California or any
successor provision thereto. The City shall not provide any additional compensation to
members of the city council for attendance at other meetings of City or City -affiliated
commissions, committees, subcommittees, and boards of directors.
All of the members of the city council, including the mayor, shall continue to be entitled
to reimbursement for their actual and necessary expenses incurred in the performance
of their official duties as stated in, and limited by, the provisions of State law applicable
to the reimbursement for expenses city council members in general law cities..
SECTION 305. Limitation of Terms.
No person shall serve more than two (2) consecutive terms of office as a member of the
city council.
For the purpose of this section, a "term" shall mean any period of service on the city
council that exceeds two (2) years, and "consecutive" shall mean immediately following,
without an intervening hiatus in service.
Any person who has served two (2) consecutive terms as a member of the city council
shall not be eligible to serve again until the expiration of at least four () years after the
end of that person's last term of office and this provision shall supersede any conflicting
provisions of Measure C adopted by the voters in 2003.
SECTION 306. Vacancies.
(a) Vacancy. If a member of the city council (i) is absent from all regular meetings of
the city council for a period of sixty (60) days consecutively from and after the last
regular city council meeting attended by such member, unless such absence is by
Draft RPV City Charter — May 11, 2018 13
permission or excused by the city council expressed in its official minutes; (ii) ceases to
be domiciled in the City or ceases to be an elector of the City or of territory legally
annexed thereto; or (iii) is convicted of any felony or criminal offense involving a
violation of his or her official duties, or a crime involving moral turpitude, the office shall
become vacant. The city council by resolution shall declare the existence of any such
vacancy, and the office shall be deemed vacant from the date of such declaration.
(b) Filling Vacancy. A vacancy on the city council, from whatever cause, that occurs
more than ninety (90) days before or after a general municipal election may be filled by
appointment by a majority of the remaining members of the city council, or by the calling
of a special election if no appointment is made within sixty (60) days of the
commencement of the vacancy. No person shall be eligible to fill a vacancy unless he
or she is, at the time of appointment or issuance of nomination papers for the special
election, a qualified elector of the City or of territory legally annexed thereto, has been
domiciled in the City for at least one (1) year immediately preceding his or her
appointment or election, and has not held elected office in the City for at least four (4)
years immediately preceding his or her appointment or election to fill a vacancy. Any
person appointed or elected to fill a vacancy in the city council shall serve the remaining
unexpired term of the office. In the event it shall fail to fill a vacancy by appointment
within sixty (60) days after such office shall become vacant, the city council shall cause
an election to be held forthwith to fill such vacancy.
(c) Filling at Time of Election. If a vacancy on the city council occurs for any reason
after the adoption of a resolution by the city council calling for a general municipal
election to elect members to the city council, but not more than ninety (90) days after
the date of that general municipal election, the person who received the highest number
of votes in said election, but was not elected, shall be appointed by the city council to fill
that vacancy. The person appointed pursuant to this provision shall serve the remaining
unexpired term of the office. Persons eligible for appointment shall meet the criteria of
subsection (b) above.
Draft RPV City Charter — May 11, 2018 14
(d) Interim Appointment. If the city council calls a special election to fill a vacancy,
the city council may make an interim appointment to fill the vacancy until the date of the
special election. No person shall be eligible to fill an interim vacancy unless he or she
is, at the time of appointment, a qualified elector of the City or of territory legally
annexed thereto, has been domiciled in the City for at least one (1) year immediately
preceding his or her appointment, and has not held elected office in the City for at least
four (4) years immediately preceding his or her interim appointment to fill the vacancy.
The times and procedures for the calling of any special election to fill a city council
vacancy may be established by ordinance consistent with state law.
SECTION 307. Meetings.
Compliance with State Law. All meetings of the city council shall be called and
conducted in accordance with state law, as specified in the "Ralph M. Brown Act",
California Government. Code Sections 54950, et seq. and with the City's ordinances
and resolutions that do not conflict with State law.
SECTION 308. Adoption of Ordinances and Resolutions.
With the sole exception of ordinances which take effect upon adoption, referred to in
this section, all ordinances shall be first introduced by the city council, and shall have a
second reading no sooner than fourteen (14) days after the date of their introduction
and prior to their adoption. All ordinances shall be introduced, deliberated, and passed
upon at a regular or adjourned regular meeting of the city council. At the time of its
introduction, an ordinance shall become a part of the proceedings of such meeting, and
a copy of the introduced ordinance shall be kept in the custody of the city clerk. A
proposed ordinance shall be read by title only unless a council member disagrees that
the ordinance can be read by title only and requests a full reading. In the event that any
ordinance is altered after its introduction, the same shall not be finally adopted except
after a second reading at a regular or adjourned regular meeting held not less than
fourteen (14) days after the date upon which such ordinance was so altered. The
correction of typographical or clerical errors shall not constitute the making of an
alteration within the meaning of the foregoing sentence.
Draft RPV City Charter— May 11, 2018 15
No order for the payment of money shall be adopted or made at any meeting other than
a regular, adjourned regular, or special meeting.
Unless a higher vote is required by other provisions of this Charter, or by the laws of the
State of California which supersede this Chapter, the affirmative votes of at least three
(3) members of the city council shall be required for the enactment of any ordinance, or
the making or approving of any order for the payment of money, or for entering into any
contract where the amount to be paid by the City exceeds twenty five thousand dollars
($25,000), or such other amount as city council may establish by ordinance.
All ordinances and resolutions shall be signed by the mayor or in the mayor's absence,
the mayor pro tempore, and attested by the city clerk.
Any ordinance declared by the city council to be necessary as an emergency measure
for preserving the public peace, health or safety, and containing a statement of the
reasons for its urgency, may be introduced and adopted at one and the same meeting if
passed by at least four (4) affirmative votes. Any ordinance that carries an emergency
clause shall be effective for no more than six (6) months from the date of adoption,
unless reintroduced and passed in the normal manner by the city council at a regular or
adjourned regular meeting.
SECTION 309. Ordinances; Publication.
The city clerk shall cause each ordinance or a summary of each ordinance to be
published at least once in a newspaper of general circulation in the City, and posted on
the City's official website within fifteen (15) days after its adoption. If there is no
newspaper of general circulation in the City, the city clerk shall cause it to be posted in
the manner provided by the Government Code or published in a newspaper of general
circulation printed and published in the County and circulated in the City. The city clerk
may also use additional technological means available to disseminate information to the
public.
Draft RPV City Charter — May 11, 2018 16
SECTION 310. Codification of Ordinances.
Any or all ordinances of the City which have been enacted and published in the manner
required at the time of their adoption, and which have not been repealed, may be
compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance
code, and such code may be adopted by reference, with the same effect as an
ordinance, by the passage of an ordinance for such purpose. Such code need not be
published in the manner required for other ordinances, but not less than three (3) copies
thereof shall be filed for use and examination by the public in the office of the city clerk
prior to the adoption thereof. Amendments to the code shall be enacted in the same
manner as ordinances.
SECTION 311. Ordinances; When Effective.
No ordinance shall become effective until thirty (30) days from and after the date of its
adoption, except the following, which shall take effect immediately upon adoption:
(a) An ordinance calling or otherwise relating to an election.
(b) An assessment district ordinance adopted under some special law or procedural
ordinance relating thereto.
(c) An ordinance declaring the amount of money necessary to be raised by taxation,
or fixing the rate of taxation, or levying a tax upon property.
(d) An emergency ordinance adopted in the manner provided for in this article.
SECTION 312. Ordinances; Violation; Penalty.
The city council may designate the violation of any ordinance of the City to constitute a
misdemeanor or an infraction or alternatively may provide for civil enforcement
remedies. The maximum fine or penalty for any violation of a City ordinance, whether a
misdemeanor or an infraction, and the nature and extent of any such civil enforcement
remedies shall be as established by ordinance or resolution of the city council.
Draft RPV City Charter — May 11, 2018 17
SECTION 313. Publishing of Legal Notices.
The city clerk shall cause all legal notices to be published in accordance with State law.
The city clerk may also utilize other technological means available for dissemination of
information to the public. In the event no newspaper of general circulation is published
and circulated in the City, then all legal notices or other matters shall be published by
posting copies thereof in the Designated Locations in accordance with S State law and
on the City's official website.
No defect or irregularity in proceedings taken under this section, or failure to designate
an official newspaper, shall invalidate any publication where the same is otherwise in
conformity with this Charter, or ordinance, or other law.
SECTION 314. Contracts; Execution.
The City ordinances and/or resolutions shall govern the manner in which contracts are
entered into and executed.
Draft RPV City Charter— May 11, 2018 18
ARTICLE IV - CITY MANAGER AND CITY ATTORNEY
SECTION 400. City Manager.
There shall be a city manager who shall be the chief administrative officer of the
City. The city council shall appoint, by an affirmative vote of at least three (3) of its
members, the person that it believes to be best qualified on the basis of his or her
executive and administrative qualifications, with special reference to experience in, and
knowledge of, accepted practice in respect to the duties of the office. The city manager
shall serve at the pleasure of the city council.
SECTION 401. Eligibility.
No person shall be eligible to receive appointment as city manager while serving as a
member of the city council nor within four (4) years after he or she has ceased to be a
member of the city council.
SECTION 402. Compensation and Bond.
The city council shall be authorized to enter into a contract of employment with the city
manager and to determine the compensation and other benefits to be paid to the city
manager.
The city manager shall furnish a corporate surety bond conditioned upon the faithful
performance of his or her duties in such form and in such amount as may be
determined by the city council. Any premium for such bond shall be a proper charge
against the City.
SECTION 403. City Manager Powers and Duties.
The city manager's powers and duties shall be as established from time to time by
ordinance or resolution adopted by the city council.
SECTION 404. Removal.
Unless for cause, the city manager shall not be removed from office by action taken by
the city council during the period of ninety (90) days following any municipal election at
Draft RPV City Charter — May 11, 2018 19
which a member of the city council is elected. At any other time the city manager may
be removed only at a regular meeting of the city council and upon the affirmative votes
of at least three (3) members of the city council. In removing the city manager, the city
council shall have absolute discretion, and its actions shall be final. The city manager is
an at will employee and shall not have any procedural rights entitling him or her to a
hearing or other notice prior to termination, except as may be provided by ordinance or
contract.
SECTION 405. Acting City Manager.
When the city manager will be away from the office for more than one day (temporary
illness, disability, scheduled absence, etc.), the city council shall be so notified and the
deputy city manager or other departmental director, as the city manager may designate
in writing filed with the city clerk, shall be designated and delegated "acting" city
manager authority. If the city manager fails to designate an "acting city manager," the
acting position shall be filled in this order: assistant or deputy city manager, then finance
director, unless the city council designates a qualified city administrative officer to
exercise the powers and perform the duties of city manager during the temporary
absence or disability.
SECTION 406. City Attorney.
There shall be a city attorney, who shall be appointed by and serve at the pleasure of
the city council. An affirmative vote of three (3) members of the city council shall be
required to appoint or remove the city attorney. To become and remain eligible for city
attorney the person appointed shall be an attorney-at-law duly licensed as such under
the laws of the State of California.
SECTION 407. City Attorney, Powers and Duties.
The city council is authorized to enter into a contract with the city attorney. The duties
of the city attorney shall be established from time to time by ordinance or resolution of
the city council.
Draft RPV City Charter— May 11, 2018 20
ARTICLE V - EMPLOYEES
SECTION 500. Administrative Departments.
The city council may provide, by ordinance not inconsistent with this Charter, for the
organization, conduct and operation of the several offices and departments of the City
for the creation of additional departments, divisions, offices and agencies and for their
consolidation, alteration or abolition.
The city council, by ordinance or resolution, may assign additional functions or duties to
offices, departments or agencies not inconsistent with this Charter. Where the positions
are not incompatible, the city council may combine in one person the powers and duties
of two or more offices created or authorized by this Charter. The city council shall
provide for the number, titles, qualifications, powers, duties and compensation of all
officers and employees.
SECTION 501. City Clerk; Powers and Duties.
There shall be a city clerk who shall be appointed by the city manager The duties and
responsibilities of the city clerk shall be as established from time to time by ordinance or
resolution of the city council..
SECTION 502. Director of Finance and Treasurer; Powers and Duties.
There shall be a director of finance who shall also be the city treasurer who shall be
appointed by the city manager, and whose appointment, suspension or removal by the
city manager shall be subject to the advice and consent of the city council. The director
of finance and treasurer shall be qualified by sufficient technical accounting training,
skill, and experience to be proficient in the discharge of the responsibilities of the
office. The duties and responsibilities of the director of finance and treasurer shall be
established from time to time by ordinance or resolution of the city council.
SECTION 503. Compensation.
The city council shall determine, by ordinance or resolution, the amount of
compensation to be paid to all City officers, department heads, and employees.
Draft RPV City Charter — May 11, 2018 21
ARTICLE VI - APPOINTIVE ADVISORY BOARDS, COMMITTEES AND
COMMISSIONS
SECTION 600. In General.
To assist the city council in the governance of the City, there shall be a planning
commission and such other advisory boards, committees or commissions as the city
council may establish by ordinance or resolution. The city council shall set the
purposes and size of such advisory boards, committees and commissions and may
grant to them such powers and duties as it deems appropriate and are consistent with
the provisions of this Charter.
SECTION 601. Appropriations
The city council shall include in its annual budget such appropriations of funds as in its
opinion shall be sufficient for the efficient and proper functioning of such advisory
boards, committees and commissions. The city council may, by ordinance or resolution,
set reasonable fees and charges for defraying the costs of hearings or other
administrative proceedings of the City's appointive advisory boards, committees and
commissions
SECTION 602. Appointments; Terms.
The members of each City advisory board, committee or commission shall be appointed
by at least three (3) affirmative votes of the city council. Each member shall be a
qualified elector of the City, or of territory legally annexed thereto, shall be domiciled in
the City for at least one (1) year immediately preceding his or her appointment and shall
continue to reside in the City for the duration of his or her tenure, unless otherwise
provided by ordinance. The city council, for good cause, may waive the requirement of
residency for at least one (1) year prior to appointment and for the duration of his or her
tenure, where a candidate's unique qualifications and experience justify such waiver.
Notice of the availability of a position for appointment or to fill a vacancy shall be subject
to the provisions of the Maddy Act (Govt. Code Section 54970 - 54974) and posted in
the Designated Locations pursuant to Section 308 and shall also be posted on the City's
official website. The city clerk may also utilize other technological means available to
Draft RPV City Charter—May 11, 2018 22
disseminate information to the public. The city council may, by resolution, adopt
additional procedures to receive and consider applicants for City advisory boards,
committees and commissions. No member of a City advisory board, committee or
commission shall hold any paid office or employment in the City government. The
members thereof shall serve for a term of four (4) years, unless the city council
establishes a different term by ordinance or resolution, and until their respective
successors are appointed and qualified. The respective terms of office of all members of
the advisory boards, committees and commissions in existence at the time this Charter
takes effect shall continue upon the effective date of this Charter.
SECTION 603. Meetings; Chairs
The manner in which the meetings of such advisory boards, committees and
commissions shall be governed shall be established by ordinance or resolution of the
City Council.
SECTION 604. Compensation.
The members of advisory boards, committees and commissions shall serve without
compensation for their services as such, but may receive reimbursement for necessary
traveling and other expenses incurred on official duty when such expenditures have
received authorization by the city council.
SECTION 605. Removal; Vacancies.
Any member of an advisory board, committee or commission shall serve at the pleasure
of the city council and may be removed at any time by a vote of a majority of the
membership of the city council.
SECTION 606. Planning Commission; Powers and Duties.
There shall be a planning commission consisting of no fewer than five (5) members.
The director of community development or his or her designated representative, shall
attend all planning commission meetings. The planning commission may meet with and
receive advice from the city attorney as it or the city attorney may deem necessary. The
planning commission shall perform all duties set out in the State Planning and Zoning
Draft RPV City Charter — May 11, 2018 23
Law for a planning agency as same now exists and as same may hereafter be
amended, and have such additional powers and duties as may be established from time
to time by ordinance or resolution of the city council.
Draft RPV City Charter — May 11, 2018 24
ARTICLE VII m PERSONNEL SYSTEM
SECTION 700. Personnel Rules and Policies
The city council may by ordinance or resolution establish a system of personnel rules
and policies, governing the terms of employment of any or all employees of the City.
SECTION 701. Contracts with Employees, State Employees Retirement System.
(a) Memorandum of Understanding. City may enter into any contracts or collective
bargaining agreements with its employees, and shall meet and confer with the duly
authorized representative of such employees regarding wages, hours and other terms
and conditions of employment to be included in any such agreement. The city council
may by resolution establish conditions for the recognition of employee bargaining
groups, but shall retain management rights and necessary authority to administer the
City organization.
(b) CalPERS contract. Plenary authority under this Charter shall be vested in the
City and the city council, and by delegation of the city council, to its several officers,
agents, and employees, to do all acts and exercise all authority granted, permitted, or
required to enable the City to continue as a contracting city under the Public Employees'
Retirement System, and shall terminate such contract only in accordance with state law.
SECTION 702. Eligibility for Appointed Office.
No person holding or retaining any elective public office, and no person holding any
appointed office whose duties are incompatible with the duties to be discharged for the
City, shall be eligible for appointment as city manager, city attorney, or a member of any
appointed advisory board, committee or commission. No person shall be eligible for
appointment as city manager, city attorney, or a member of any appointed advisory
board, committee or commission who is a relative by blood or marriage within the third
degree of any one or more members of the city council. The city manager, respective
department heads, and all other persons empowered by this Charter or ordinance to
appoint any person to any appointed position in the City government shall not appoint
any person who is a relative by blood or marriage within the third degree of the person
making the appointment.
Draft RPV City Charter — May 11, 2018 25
SECTION 703. Illegal Contracts; Financial Interest; Incompatible Employment.
(a) Conflicts of Interest. All officers and employees of the City shall fully comply with
all state laws regarding conflicts of interest and incompatible employment
(b) Forfeit Office. If any member of the city council, department head or other officer
of the City, or member of an advisory board, committee or commission shall be
financially interested as aforesaid, upon conviction thereof he or she shall forfeit his or
her office in addition to any other penalty which may be imposed for such violation of
this Charter.
(c) Incompatible Employment. No city council member, department head, or other
officer or employee of the City shall engage in any employment activity or enterprise
which is inconsistent, incompatible, or in conflict with his or her duties with the City. The
city council may, by ordinance, resolution, or regulation, adopt rules for determining
those outside activities which are inconsistent, incompatible, or in conflict with the
official duties for the City for the various offices or employment.
Draft RPV City Charter- May 11, 2018 26
ARTICLE VIII - ELECTIONS
SECTION 800. General Municipal Elections.
General municipal elections for the election of city council members and for such other
purposes as the city council may prescribe shall be held in the City on the first Tuesday
in November in each even numbered year. This section shall not apply to the general
municipal election scheduled to be held in November 2019.
SECTION 801. Special Municipal Elections.
Other municipal elections may be held in accordance with city ordinances not
inconsistent with State law governing general law cities, and such elections shall be
known as special municipal elections.
SECTION 802. Procedure for Holding Elections.
All elections shall be held in accordance with the provisions of the Elections Code of the
State of California, as the same now exist or hereafter may be amended, for the holding
of municipal elections, so far as the same are not in conflict with this Charter. The city
council may in its discretion determine to conduct mail ballot elections by such
procedure as it may prescribe by ordinance.
SECTION 803. Initiative, Referendum and Recall.
There are hereby reserved to the electors of the City the powers of the initiative and
referendum and of the recall of municipal elective officers. The provisions of the
Elections Code of the State of California, as the same now exist or hereafter may be
amended, governing the initiative and referendum and the recall of municipal officers,
shall apply to the use thereof in the City.
Draft RPV City Charter —May 11, 2018 27
ARTICLE IX - FISCAL ADMINISTRATION
SECTION 900. Fiscal Year.
The fiscal year of the City government shall be as specified by ordinance of the city
council.
SECTION 901. Annual Budget.
The city council shall establish by ordinance the procedures for the preparation, review,
adoption, distribution and administration the annual budget. The city council may
establish other policies and procedures regarding the annual budget, such as reserve
policies and adoption deadlines, by resolution. The city manager shall be responsible
for the preparation of the budget in accordance with such policies.
SECTION 902. Proposed Budget; Submission to City Council.
At least sixty (60) days prior to the beginning of each fiscal year, the city manager shall
submit to the city council the proposed budget and make copies of same available for
inspection by the public in the office of the city clerk, on the City's official website and
the Designated Locations per Section 308, and may use such other technological
means available to disseminate information to the public as the city clerk may
determine. After reviewing the proposed budget and making such revisions as it may
deem advisable, the city council shall determine the time for the holding of a public
hearing thereon and shall cause to be published a notice thereof not less than ten (10)
days prior to said hearing. Copies of the revised proposed budget shall be available for
inspection by the public in the office of the city clerk at least ten (10) days prior to said
hearing.
SECTION 903. Budget; Public Hearing.
At the time and place specified in the notice, the city council shall hold a public hearing
on the proposed budget, at which interested persons shall be given the opportunity to
be heard and present evidence. The hearing may be continued from time to time by the
city council.
Draft RPV City Charter — May 11, 2018 28
SECTION 904. Budget; Adoption.
On or before the first date of the fiscal year, city council shall adopt such budget as it
deems appropriate for that fiscal year by resolution. If because of an emergency the city
council does not adopt the budget in a timely fashion, one -twelfth of the amount of the
total prior fiscal year's budget may be expended each month until the budget is adopted,
provided that, if the city manager's estimates project a decrease in revenues from the
prior fiscal year, the amount which may be expended in any month shall be reduced by
one -twelfth of the total revenue decrease projected. A copy of the approved budget,
certified by the city clerk, shall be filed with the director of finance and treasurer and a
further copy shall be placed, and shall remain on file, in the office of the city clerk where
it shall be available for public inspection. The budget so certified shall be reproduced
and copies made available for the use of the public and of departments, offices and
agencies of the City, and shall be posted on the City's official website and at the
Designated Locations pursuant to Section 303. The city clerk may also use other
technological means available to disseminate information to the public.
SECTION 905. Budget; Appropriations.
From the effective date of the budget, the several amounts stated therein as proposed
expenditures shall be and become appropriated to the several departments, offices and
agencies for the respective objects and purposes stated. All appropriations shall lapse
at the end of the fiscal year to the extent that they shall not have been expended or
lawfully encumbered.
At any meeting after the adoption of the budget, the city council may by resolution
amend or supplement the budget by motion adopted by the affirmative votes of at least
three (3) members so as to authorize the transfer of unused balances appropriated for
one purpose to another purpose, or to appropriate available funds not included in the
budget, or to cancel any appropriation not expended or encumbered.
Draft RPV City Charter— May 11, 2018 29
SECTION 906. Municipal Finance Authority.
The city council is specifically authorized to regulate municipal finance and adopt
ordinances, resolutions and orders within the municipal affairs of the City to the extent
permitted to charter cities under the State Constitution. The City may in its discretion
comply with state laws regulating municipal finance or avoid enactments of the State of
California contrary to its ordinances.
SECTION 907. Tax Authority.
The City shall have the full power to enact any taxes, assessments, fees or any other
measures from the purposes of raising revenue which charter cities in the State of
California may enact, subject to applicable provisions of the State Constitution.
Notwithstanding the preceding paragraph, the City Council is expressly prohibited from
seeking to impose or obtain voter approval of a documentary transfer tax. (SY comment
— this is added for discussion purposes since we know this is a hot button issue)
SECTION 908. Tax Procedure.
The procedure for the assessment, levy and collection of taxes upon property, taxable
for municipal purposes, or establishment of property assessments or imposition of fees
may be prescribed by ordinance of the city council, subject to applicable provisions of
the State Constitution.
SECTION 909. Bonded Debt.
The City shall have full power to incur bonded indebtedness for the purpose of raising
revenue to the full extent permissible to charter cities under the State Constitution. No
bonded indebtedness which shall constitute a general obligation of the City may be
created unless authorized by the affirmative votes of two-thirds of those electors voting
on such proposition at any election at which the question is submitted to the electors, in
full compliance with the provisions of the State Constitution and of this Charter provided,
however, that to the extent the State Constitution in the future allows for a lesser
requirement than a two-thirds vote of the electors with respect to water, wastewater,
stormwater or other municipal facilities, the provisions of the State Constitution shall
Draft RPV City Charter— May 11, 2018 30
apply.This requirement shall not apply to other forms of municipal finance, including
taxation, assessments and fees, which may be enacted in accordance with Section 907.
SECTION 910. Voter Approval for Major Capital Projects.
"Maximum Expenditure" shall mean two (2) times the average of the City's annual
general fund revenues for the immediately preceding four (4) fiscal years. An
affirmative vote of a majority of electors voting, at an election called by the city council
or by initiative, shall be required for any appropriation, expenditure or commitment over
time for a public improvement or facility that exceeds the "Maximum Expenditure." The
"Maximum Expenditure" may be exceeded without a vote of electors upon the
affirmative vote of four members of the city council finding that there is an emergency
which necessitates such appropriation, expenditure or commitment in excess of the
Maximum Expenditure. "Maximum Expenditure" applies only to city general fund
revenues; it does not apply to funding for a public improvement or facility from other
sources, such as grants, gifts or awards from state, federal, private or other non -city
sources.
SECTION 911. Presentation of Demands.
(a) Presentation of Claims for Damages. All claims for damages against the City
shall be governed by the laws of the State of California applicable to general law cities.
The city council may prescribe other requirements by ordinance or resolution.
SECTION 912. Independent Audit.
The city council shall employ, at the beginning of each fiscal year, a qualified certified
public accountant who shall, at such time or times as may be specified by the city
council, and at such other times as the accountant shall determine, examine the books,
records, inventories and reports of all officers and employees who receive, handle or
disburse public funds and of all such other officers, employees or departments as the
city council may direct. No later than one hundred and eighty (180) days after the end
of the fiscal year, a final audit and a report shall be submitted by such accountant to the
city council, one copy thereof to be distributed to each member, one to the city
Draft RPV City Charter —May 11, 2018 31
manager, director of finance and treasurer and city attorney, respectively, and sufficient
additional copies of the audit shall be placed on file in the office of the city clerk where
they shall be available for the general public, and a copy of the financial statement as of
the close of the fiscal year shall be available on the City's official website and at
Designated Locations pursuant to Section 308. The city clerk may also use other
technological means available to disseminate information to the public.
In addition to the annual audit report, the auditor shall submit a management letter to
the city manager that identifies suggested improvements in internal controls and other
financial procedures that the auditor identified during the audit. The city manager will
prepare a written response stating actions taken or proposed that will remedy the
problems. The management letter and the city manager's response shall be presented
to the city council with the annual audit report. The auditor shall present and briefly
explain the audit report results at a regular or adjourned regular meeting of the city
council.
SECTION 913. Purchasing Ordinance.
The city council may, by ordinance, establish procedures for the procurement of
supplies, services, construction of public works, and the like. Such ordinance may
provide requirements and procedures for competitive bidding, and award to the lowest
responsive and responsible bidder except that no competitive bidding shall be required
for sole source contracts, contracts for professional services, or contracts undertaken in
response to emergency situations or other situations authorized by ordinance of the city
council. Formal bids need not be obtained for professional services, but informal bids
shall be obtained from at least three (3) individuals or firms, and a report shall be
prepared documenting the process used and the reasons for selecting the provider.
Such ordinance may also establish standards or qualifications for the screening of
contractors or providers of goods and services by a prequalification process, so that in
specified circumstances factors other than price may be considered, and a competitive
registration process may be utilized based upon demonstrated competence and
qualifications in planning, design, development, finance, construction, maintenance,
Draft RPV City Charter— May 11, 2018 32
improvement, repair and operational characteristics. On call contracts can also be let
where after a bid process is completed, contractors can be on standby to carry out
maintenance, repair work and public improvements as the need occurs. Appropriate
contract controls can be prescribed by the city council in the purchasing ordinance. The
purchasing ordinance shall also establish criteria for insurance, bonding, liability,
transferability, changes, terms, enforcement and other factors.
SECTION 914. Outsourcing.
The City may enter into a contract for any services which can be performed in a
superior and cost effective manner by such contractor, unless limited by the Constitution
of the State of California. The City shall periodically review its existing operations and
services to consider whether said operations and/or services may be performed as or
more efficiently and effectively by a third party. Any contract entered into, pursuant to
this provision, shall be approved by the city council.
Draft RPV City Charter— May 11, 2018 33
ARTICLE X - FRANCHISES
SECTION 1000. Granting of Franchises.
Any person, firm or corporation furnishing the City or its inhabitants with transportation,
communication, terminal facilities, water, light, heat, electricity, gas, power, television,
refrigeration, storage or any other public utility or service, or using the public streets,
ways, alleys or for the operation of plants works or equipment for the furnishing thereof,
or traversing any portion of the City for the transmitting or conveying of any such service
elsewhere, may be required by ordinance to have a valid and existing franchise
therefor. The city council is empowered to grant such franchise to any person, firm or
corporation, whether operating under an existing franchise or not, and to prescribe the
terms and conditions of any such grant to protect public health and safety, minimize
environmental impacts, mitigate impacts on property,'prevent interference with City
operations, and assure cost recovery. It may also provide, by procedural ordinance, the
method of procedure and additional terms and conditions of any such grant or the
making thereof, all subject to the provisions of this Charter.
Nothing in this section, or elsewhere in this article, shall apply to the City, or to any
department thereof, when furnishing any such utility or service.
SECTION 1001. Resolution of Intention; Notice and Public Hearing.
Unless otherwise provided by ordinance of the city council, before granting any
franchise, the city council shall pass a resolution declaring its intention to grant the
same, stating the name of the proposed grantee, the character of the franchise and the
terms and conditions upon which it is proposed to be granted. Such resolution shall fix
and set forth the day, hour and place when and where any persons having any interest
therein or any objection to the granting thereof may appear before the city council and
be heard thereon. It shall direct the city clerk to publish said resolution at least once,
within fifteen (15) days of the passage thereof, in a newspaper of general circulation in
the City, posted on the City's official website and at the Designated Locations pursuant
to Section 308. The city clerk may also use other technological means available to
Draft RPV City Charter — May 11, 2018 34
disseminate information to the public. Said notice shall be published at least ten (10)
days prior to the date of hearing.
At the time set for the hearing the city council shall proceed to hear and pass upon all
protests and its decision thereon shall be final and conclusive. Thereafter it may by
ordinance grant the franchise on the terms and conditions specified in the resolution of
intention to grant the same, subject to the right of referendum of the people, or it may
deny the same. If the city council shall determine that changes should be made in the
terms and conditions upon which the franchise is proposed to be granted, a new
resolution of intention shall be adopted and like proceedings had thereon. In connection
with granting any franchise, city council may set and collect any franchise fee it deems
reasonable, so long as such fee is not arbitrary or confiscatory.
SECTION 1002. Term of Franchise.
Every franchise shall state the term for which it is granted, which shall not exceed ten
(10) years with a maximum of two (2) opportunities to extend the franchise for an
additional five (5) years each. Any extensions shall be subject to the approval of a
majority of the city council. Any franchise agreement entered into by the City and
effective on the effective date of this Charter, whose term extends beyond twenty (20)
years after the effective date of this Charter, shall continue in effect for a period of
fifteen (15) years beyond the effective date of the Charter, and no further, provided that
any franchisee whose franchise is in effect on the effective date of this Chapter may
seek an extension of the franchise from city council beyond the fifteen (15) year limit.
The city council may grant a longer term on a case by case basis if it finds the ten (10)
year limit would impair the franchisee's ability to realize a reasonable return on
investment of funds invested prior to the effective date of this Charter, in reliance on the
franchise. The city council may promulgate rules and regulations for the making and
consideration of applications for such longer term franchises.
Draft RPV City Charter — May 11, 2018 35
SECTION 1003. Franchise Inapplicable to City.
No franchise requirement of the City shall apply to the City, nor any subdivision,
department, or division thereof.
SECTION 1004. Eminent Domain.
No franchise grant shall in any way, or to any extent, impair or affect the right of the City
to acquire the property of the grantee thereof either by purchase or through the exercise
of the right of eminent domain, and nothing therein contained shall be construed to
contract away or to modify or to abridge, either for a term or in perpetuity, the City's right
of eminent domain with respect to any public or private utility. In such a proceeding, no
value shall be assigned to the franchise rights themselves, but only to any fixtures or
equipment, or other interests arising out of the exercise of the franchise rights, as may
be compensable under the general laws of the State of California.
Draft RPV City Charter— May 11, 2018 36
From: Teresa Takaoka
Sent: Monday, June 18, 2018 9:54 AM
To: Nathan Zweizig
Subject: FW: Fwd: Charter clean SY version June17.2018
From: sharon yarber [mailto:momofyago@gmail.com]
Sent: Monday, June 18, 2018 9:52 AM
To: Chip Zelt <chipzelt@gmail.com>
Cc: CC <CC@rpvca.gov>; Carolynn Petru <carolynn.petru@gmail.com>; Len Wood <lenwood@aol.com>; Lowell R. Wedemeyer
<lowell@transtalk.com>; Chris Wanlin Huang <cgpharmd@yahoo.com>; Michael Huang <mikehgalaxy@gmail.com>; Glenn
Cornell <gcornell6@gmail.com>; Jessica Vlaco <vlaco5@cox.net> <vlaco5@cox.net>; Lois Karp <jlkarp@cox.net>; George
Zugsmith <zuggielaw@gmail.com>; Noel Park <noelparkone@gmail.com>; Doug Willmore <DWillmore@rpvca.gov>
Subject: Re: Fwd: Charter clean SY version June17.2018
That was deliberate because the committee had not reached agreement yet on whether to include that provision. I had
hoped we would have time to discuss further as we know this was brought up at the workshops and the last council
meeting.
On Mon, Jun 18, 2018, 9:28 AM Chip Zelt <chipzelt(& mail.com> wrote:
Hi Sharon: FYI
Noticed one red line on page 31 that needs to be omitted:.
Notwithstanding the preceding paragraph, the City Council is expressly prohibited from seeking to impose or obtain
voter approval of a documentary transfer tax. (SY comment — this is added for discussion purposes since we know
this is a hot button issue)
Great work. Thanks Chip
On 6/17/2018 1:48 PM, sharon yarber wrote:
And here is the clean version. If you disregard and cover sheet, preamble and index, as well as the
large blank areas between sections, it's really only about 24 pages long.:)
From:
Teresa Takaoka
Sent:
Monday, June 18, 2018 8:09 AM
To:
Nathan Zweizig
Subject:
FW: Charter clean SY version June17.2018
From: Lowell R. Wedemeyer [mailto:lowell@transtalk.com]
Sent: Monday, June 18, 2018 7:29 AM
To: 'sharon yarber' <momofyago@gmail.com>; CC <CC@rpvca.gov>; 'Carolynn Petru' <carolynn.petru@gmail.com>; 'Len
Wood' <lenwood @aol.com>; 'Chip Zelt' <chipzelt@gmail.com>;'Chris Wanlin Huang' <cgpharmd@yahoo.com>;'Michael
Huang' <mikehgalaxy@gmail.com>; 'Glenn Cornell' <gcornell6@gmail.com>; Jessica Vlaco <vlaco5@cox.net>
<vlaco5@cox.net>; 'Lois Karp' <jlkarp@cox.net>; 'George Zugsmith' <zuggielaw@gmail.com>; Noel Park
<noelparkone@gmail.com>
Cc: Doug Willmore <DWillmore@rpvca.gov>
Subject: RE: Charter clean SY version June17.2018
Sharon
Thank you for all of the excellent work.
It is my sense that a community consensus has yet to be achieved but could be if we had sufficient time to
deliberate. The November, 2018 election deadline is forcing hasty decisions that we and our children may
have to live with for decades -- either with or without a charter.
I wish I could focus on this that quickly but it is just not in the cards right now. As is likely for many of you,
personal and family matters take first priority for the moment. I concur with Sharon's suggestion to defer
to November, 2019 and take the time to get a genuine consensus.
Good luck!
Lowell R Wedemeyer
From: sharon yarber [mailto:momofyacio@gmail.com]
Sent: Sunday, June 17, 2018 1:49 PM
To: CC; Carolynn Petru; Len Wood; Lowell R. Wedemeyer; Chip Zelt; Chris Wanlin Huang; Michael Huang; Glenn Cornell; vlaco5
vlaco5; Lois Karp; George Zugsmith; Noel Park
Cc: Doug Willmore
Subject: Fwd: Charter clean SY version June17.2018
And here is the clean version. If you disregard and cover sheet, preamble and index, as well as the large blank areas
between sections, it's really only about 24 pages long.:)
From: Teresa Takaoka
Sent: Monday, June 18, 2018 8:24 AM
To: Nathan Zweizig
Subject: FW: Charter City Proposal
Attachments: Update - June 19, 2018.doc
From: Ken DeLong [mailto:ken.delong@verizon.net]
Sent: Friday, June 15, 2018 1:40 PM
To: CC <CC@rpvca.gov>
Cc: 'Bill Patton' <billpatton2l@icloud.com>
Subject: Charter City Proposal
Mayor Brooks, Mayor Pro Tem Duhovic, Councilmen Alegria, Cruikshank, Dyda
Attached is Commentary concerning the revised Charter City proposal on the June 19 Council Agenda.
Our observation is that the Council is being misguided in attempting to place an incomplete proposal on this year's November
ballot.
Apparently some perceive that there will soon be radical decisions coming from Sacramento within the next two years that
requires immediate action by RPV. We believe that judgment is shortsighted and not recognizing the facts.
The Initiative to repeal the Gas Tax will likely prevail and it is very likely the Assembly will lose its Super Majority. Radical
proposals will be difficult, if not impossible, to enact.
RPV voters will reject a proposal that is not clear to the voters.
Is the Council aware of the "Hospitality" Initiative? There will be "Big Money" on both sides of that effort and will likely
adversely affect the RPV Charter Initiative.
Why not take the time to "Get It Right"?
Ken DeLong
0
Charter City Update / Revision June 19, 2018
1 have read the Charter City Update posted for the June 19, 2018 Council Meeting.
The proposed modification focus is what the proposed revision will NOT do. The focus
should be SPECIFIC as to what the proposed Charter will do. A total rewrite is
necessary.
Any attempt to merely modify the proposed document will be an Exercise in Futility and
opposed at the ballot box.
Ther MUST be specificity
200 - Powers
206 - General Land Use
305 — Limitation of Terms
906 — Municipal Tax Authority
907 — Tax Authority
1002 — Term of Franchise
Issues that need to be addressed
Limit all contracts / financial obligations to a maximum of 10 years w/o voter approval.
Limiting Council candidates to 6 years before being allowed to become a candidate is
unreasonable. Max interval should be one year. The voters should decide whom they
wish to elect.
State clearly that any / all taxes or fees must be approved by voters before enactment.
A preamble that clearly states the intent / purpose of RPV becoming a Charter City.
A clear statement that whatever is not specifically addressed in the Charter is subject to
RPV Municipal Ordinances.
Further discussions will undoubtedly reveal other issues that should also be considered.
From: Teresa Takaoka
Sent: Monday, June 18, 2018 9:29 AM
To: Nathan Zweizig
Subject: FW: Fwd: Charter clean SY version June17.2018
From: Chip Zelt [mailto:chipzelt@gmail.com]
Sent: Monday, June 18, 2018 9:29 AM
To: sharon yarber <momofyago@gmail.com>; CC <CC@rpvca.gov>; Carolynn Petru <carolynn.petru@gmail.com>; Len Wood
<lenwood@aol.com>; Lowell R. Wedemeyer <lowell@transtalk.com>; Chris Wanlin Huang <cgpharmd@yahoo.com>; Michael
Huang <mikehgalaxy@gmail.com>; Glenn Cornell <gcornell6@gmail.com>; Jessica Vlaco <vlaco5@cox.net> <vlaco5@cox.net>;
Lois Karp <jlkarp@cox.net>; George Zugsmith <zuggielaw@gmail.com>; Noel Park <noelparkone@gmail.com>
Cc: Doug Willmore <DWillmore@rpvca.gov>
Subject: Re: Fwd: Charter clean SY version June17.2018
Hi Sharon: FYI
Noticed one red line on page 31 that needs to be omitted:.
Notwithstanding the preceding paragraph, the City Council is expressly prohibited from seeking to impose
or obtain voter approval of a documentary transfer tax. (SY comment — this is added for discussion
Great work. Thanks Chip
On 6/17/2018 1:48 PM, sharon yarber wrote:
And here is the clean version. If you disregard and cover sheet, preamble and index, as well as the
large blank areas between sections, it's really only about 24 pages long.:)