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CC MINS 19910702M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 21 1991 The meeting was called to order at 6:00 P.M. by Mayor Hinchliffe at the Hesse Park Community Center, 29301 Hawthorne Boulevard and was immediately recessed to a closed session. The regular meeting convened at 7:30 P . M. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BACHARACH, HUGHES, McTAGGART, RYAN AND MAYOR HINCHLIFFE Also present were City Manager Paul D. Bussey, Environmental Services Director Robert Benard, Public Works Director George Wentz, City Attorney Carol Lynch, Assistant to the City Manager Pamela Antil, Recreation and Parks Director Mary Thomas and City Clerk Jo Purcell. The City Attorney announced that a closed session had been held pursuant to Government Code 54956 (b) to discuss pending litigation. APPROVAL OF AGENDA Councilwoman Bacharach moved, seconded by Councilman Hughes to approve the agenda as presented. The motion carried unanimously. CONSENT CALENDAR The item on City grants to outside agencies was removed and discussed later.in the meeting. The Consent Calendar was approved as follows on motion of Councilwoman Bacharach, seconded by Councilman Hughes. Adopted a motion to waive full reading of all ordinances and resolutions adopted at the meeting with consent to the waiver of reading deemed to be given by all councilmembers after the reading of the title. MINUTES Approved the minutes of May 21 and June 18, 19910 CONTRACT BETWEEN THE CITY AND THE S.P.C.A. (104) (1) Authorized an extension of the City's contract with the Southern California Humane Society to provide animal control 1 services within the City for FY 1991 -92 in an amount not to exceed $106,520. (2) Increased the Animal Control Budget (001- 220 -25) by $8.,520 to fund the increased animal control costs in FY 1991 -92 with an anticipated corresponding increase in Animal License Revenues, LEGISLATIVE ACTIVITIES - LEAGUE OF CALIFORNIA CITIES (306) Supported: SB750 - Proposition 111 Maintenance of Efforts (MOE) Reforms; AB84 - Congestion Management Plan; and, mandatory Social Security. Opposed: VLF Shift - New formula developed to reduce Cities' VLF share in proportion to off setting sales tax revenue gain. AWARD OF CONTRACT FOR FEE STUDY - (602) Authorized the Mayor and the City Clerk to sign an agreement with Management Services Institute, Inc. for the purpose of conducting a comprehensive analysis of all fees charged by the City of Rancho Palos Verdes. The cost for the study would be $38,500, plus $1,500 for report printing and follow -up presentations, if requested, for a total cost not to exceed $40,000. ACCEPTANCE OF ROCKINGHORSE ROAD SEWER PROJECT - WESTMARK CONSTRUCTION (901) (1) Accepted as completed the Rockinghorse Road Sewer Project for the amount of $101,201.72. (2) Directed the City Clerk to file a Notice of Completion and notify the Surety to exonerate the bonds, (3) Directed the Finance Director to release the retention to American Motorists Insurance Company if proof of payment for claims filed had been received. If no proof of payment was received, directed release of the retention less the amount of any valid claim. TRACT NO. 37818 - ACCEPTANCE OF LANDSCAPING & IRRIGATION SYSTEM (1411) (1) Accepted the landscaping and irrigation system as completed by Palos Verdes Properties Homes, Inc. and released the Faithful Performance Bonds. (2) Directed the City Clerk to file a Notice of Completion and record the same, (3) Exonerated Bond No. 5261-74-31 for $113,500. RESOLUTION NO. 91 -39 - ADOPTING REGULATIONS FOR ELECTIONS (501) Adopted RESOLUTION NO, 91 -39 ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 5, 1991, PURCHASE OF VEHICLE - CITY MANAGER (602 X 1101) 2 CITY COUNCIL — JULY 21 1991 Authorized the purchase of a vehicle from Manhattan Ford for the bid price of $13,391 plus tax and license fees and authorize a continuing budget appropriation for the purchase amount. RESOLUTION NO. 91 -40 - REGISTER OF DEMANDS Adopted RESOLUTION NO. 91 -40 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: BACHARACH, HUGHES, McTAGGART, RYAN AND MAYOR HINCHLIFFE NOES: NONE ITEM REMOVED FROM THE CONSENT CALENDAR CITY.GRANTS TO OUTSIDE AGENCIES FOR FY 1991 -92 (305 X 602) Speaking on behalf of the South Bay Free Clinic was Clifton Merck, 1802 Manhattan Beach Boulevard, Manhattan Beach, who requested that the City Council consider funding the Free Clinic at the $2,000 level. He summarized the services provided by the Clinic and cited the cuts that were being made in their budget because of reduced contributions. Speaking for the Community Helpline was Gertrude Barab, 2116 Via Alamitos, Palos Verdes Estates, who thanked the Council for their support in the past and requested that the City fund the Helpline at the same level as the 1990 -91 FY. She cited the substantial cuts that have also been made by other contributors to their agency. Council then spoke to the worthiness of these organizations: the services they provide to the community; whether the amount donated to the Juvenile Diversion should be increased by transferring money out of the Peninsula Senior donation and whether the Community Helpline donation should be increased to $2,000. Council discussion next centered on the population of other cities that use the So. Bay Juvenile Diversion and the percentage that their donations represented in the overall budget of that organization. Councilwoman Bacharach moved, seconded by Councilman McTaggart to fund the South Bay Juvenile Diversion Project, the South Bay Free Clinic, The Peninsula Seniors and the Community Helpline at the 1990 -91 level. 3 CITY COUNCIL - JULY 21 1991 The motion failed on the following roll call vote: AYES: BACHARACH, McTAGGART NOES: HUGHES, RYAN AND MAYOR HINCHLIFFE Councilman Ryan moved, seconded by Councilwoman Bacharach to adopt the staff recommendation that the City Council award grants totalling $15,450 to the following agencies for FY 91 -92: South Bay Juvenile Diversion Project ($9,,450) South Bay Free Clinic ($1,500) ; Peninsula Seniors ($2,625) ; and Community Helpline ($1,875)40 The motion carried on the following roll call vote: AYES: BACHARACH, HUGHES, McTAGGART, RYAN AND MAYOR HINCHLIFFE RECYCLE LOTTERY DRAWING: The Mayor announced that the winner of the recycling lottery drawing for the month of July 1991 was A. Saf, ianoff , 5515 Shoreview Drive and the fact that the Saf ianof f family will now get a year's free trash pick -up service. A card was then drawn for the winner to be announced in August. RESOLUTION NO. 91 -41 - LANDSCAPE AND OPEN SPACE MAINTENANCE DISTRICT NO. 1 - (901) The Mayor declared the public hearing open and the City Clerk announced that notice of the public hearing had been duly published. Director Wentz presented the staff recommendation to adopt a resolution confirming the diagram and assessment in connection with Landscaping and Open Space Maintenance District No. 1 for fiscal year 1991-92, Responding to the Council's inquiry about the work being done on the landscaping in this district was Park Superintendent Walter Warriner, who advised the Council that the District is inspected twice monthly and all of the work that the City is getting billed for is being performed. Responding to the Mayor's call for public testimony was Lee Gintz, 6769 Alta Vista Drive, who stated he was representing the Alta Vista Homeowners Association. Mr. Gintz presented a petition signed by residents of that area expressing their opposition to the increase in the assessment. He stated that the residents felt the groundcover should be replaced and that they desire the option of forming their own district. Brian Leamy, 6751 Alta Vista Drive, also representing the Alta Vista Homeowners Assoc., said that the majority of the homeowners in the area want to pursue the dissolution of this maintenance district. They feel that the homeowners can provide better 4 CITY COUNCIL - JULY 21 1991 maintenance of the area. Council discussion then centered on the cost for dissolving this district; the timeframe for its dissolution; whether the petition presented represented an adequate number of the protesting homeowners; if the Assessment District would pay for its own dissolution; and, as a means of defraying the increase in assessment and reducing it to the previous year's amount ($78) if the Homeowners Association should apply for recycling grant. The Council briefly discussed whether recycling funds could be used to off - set the increase in this Maintenance District. Councilwoman Bacharach moved, seconded by Councilman Ryan to close the public hearing. There being no opposition the Mayor so ordered. Councilwoman Bacharach moved, seconded by Councilman Ryan to maintain the assessment at $78 and to grant a $ recycling fund grant to the Alta Vista Homeowners Association for replacement landscaping; that any money left over could be used to help pay for the dissolution of the district. RESOLUTION NO. 91 -41 CONFIRMING THE DIAGRAM AND ASSESSMENT IN CONNECTION WITH LANDSCAPING AND OPEN SPACE MAINTENANCE DISTRICT NO. 1 was presented by title and adopted as amended on motion of Councilman Ryan, seconded by Mayor Hinchliffe and carried. Councilwoman Bacharach moved, seconded by Councilman McTaggart to grant $3,000 from the recycling fund to this Maintenance District. The motion carried on the following roll call vote: AYES: BACHARACH, HUGHES, McTAGGART, RYAN AND MAYOR HINCHLIFFE RESOLUTION NO. 91 -42 AND RESOLUTION NO. 91 -43 - C.U.P. NO. 136 LONG POINT ( 18 0 4 ) The City Clerk gave notice of the written communications received since the June 18th hearing on this matter. Director Benard presented the staff report of July 2nd and the recommendation to deny the appeal thereby upholding the Planning Commission's approval of a 450 room development and ancillary uses at Long Point. The Director's report summarized the public hearing that had taken place on June 18th and, in particular, responded to the June 12, 1991 letter from the Law firm of Shute, Mihaly and Weinberger. The two key issues raised in that letter were as follows: (1) The allegation that the City's General Plan, together with its Coastal Specific Plan, was inadequate in that (a) it was out of date and lacked current information for the project site; (b) it was internally inconsistent; and (c) the Land Use element was inadequate because it lacked any standards for building 5 CITY COUNCIL - JULY 21 1991 intensity for the project site and throughout the entire City for non - residential buildings and did not correlated to, and was inconsistent with, the circulation element. (2) The Planning Commission's EIR process was allegedly flawed because the Commission failed to (a) make adequate findings that the marine research facility, was infeasible; and (b) the Planning Commission failed to provide evidence in support of the findings that the alternative would not equally fulfill planning goals. Responding to the land use issue of the Weinberger and Watt letter Director Benard stated that the staff believed that many of the statements in that letter concerning the alleged inadequacy of the General Plan and the Coastal Specific Plan indicate that Messrs. Weinberger and Watt were not aware of several changes in the City's land use regulations affecting the Long Point site. Mr. "Renard further stated that the proposed project is consistent with the General Plan and the Coastal Specific Plan and that the Weinberger, Watt interpretation of certain text contained in the Coastal Specific Plan was incorrect. With regard to the adoption of certain guidelines for the future development of Long Point, Mr. Benard said that adoption of these guidelines did not require amending the General Plan and the Coastal Specific Plan. The adoption of these guidelines, however, made it clear what uses in the commercial- recreational zone would be consistent with the General Plan and the Coastal Specific Plan. With regard to the issue of circulation, Mr. Benard stated: that the General Plan and the Coastal Specific Plan as adopted and as currently in effect adequately addressed the impact of traffic and circulation that future development would have throughout the City including Coastal Subregion 2; and, contained provisions and procedures which ensured that future commercial development in the City would be consistent with the applicable policies of the General Plan and the Coastal Specific Plan. Responding to the charge of inadequacy of the EIR, Mr. Benard stated that a marine research facility was one alternative to the proposed project described in the FEIR. The Planning Commission, however, rejected that as infeasible because it would not fulfill the General Plan and the Coastal Specific Plan goals of providing visitor serving uses and public access to the coastline. He stated that staff concurred with the Commission's conclusions and noted further that a research facility would provide substantially less revenue for the City than would be provided by the proposed hotel development. Staff went on to summarize Council's requests at the June 18th meeting: clarification of the term "coastal dependent" and "coastal related "; the rationale behind the E.I.R. report of the Saturday peak hour; the projected amount of revenue to the City from the proposed project; information regarding possible changes to the AQMD Air Omissions Standard related to helicopters; and, 6 CITY COUNCIL - JULY 21 1991 investigation of the need for the possible additional fire station. Director Benard referred to the staff memorandum of July 2, 1991 which contained the draft language to supplement the mitigation monitoring program and the Conditional Use Permit conditions of approval, particularly with regard to water usage. In concluding, Mr. Benard reported that staff had carefully examined the key issues raised in the appeal letter and compared them against the City's land use documents, the information and conclusions contained in the FEIR and the conditions of approval and mitigation measures contained in the Planning Commission resolutions. Staff had concluded that the claims of Weinberger and Watt on behalf of S.O.C., that the General Plan and the Coastal Specific Plan are inadequate and that the Commission's E.I.R. findings are flawed, were both without merit. Staff further felt that these findings were supported by substantial evidence. The City Attorney referred to a letter received from the applicant's attorney's, Latham & Watkins, indicating that the applicant would indemnify the City for the cost of any litigation resulting from the approval of this conditional use permit. Council discussion then began and their concerns and comments centered on the following issues: if the City Council could require more of the developer than what was required by the Planning Commission in their conditions of approval; if the recommendation for a fire station took into account the new station at Miraleste; if the development could be assessed for this increase in required fire service; if a dedication of property should be required in the event an additional fire station is necessary; or, in the alternative, if dedication of capital funds could be required. Council then inquired about the possibility of a marine research facility and the reality in trying to get such an operation for that location; whether a concomitant Disney facility with that proposed for Long Beach would be allowed under our present code; and, the types of inquires that the City has received for the use of the site. Additional inquires centered on whether staff had analyzed or evaluated the size of other hotels in the area and the acreage on which they were built. Council next discussed the conditions of the resolution dealing with the environmental impact report and in particular the requirement for public parking, especially the free parking spaces. Council made several changes to the conditions of the resolution which clarified and ameliorated certain features of the project: water usage /saving measures; the requirement that the use of the heliport permit be reviewed on an annual basis; that "off site" mitigation measures for water conservation be implemented by the applicant; that there be included language pertaining to the fire station and requiring the developer to pay for the proportionate increase in fire 7 CITY COUNCIL - JULY 21 1991 protection or the capital expenditure for that protection; and, the requirement that the developer pay for any potential litigation arising from the approval of this development. RECESS AND RECONVENE At 9:45 P.M. the Mayor declared a recess. At 10:05 P.M. the meeting reconvened. Council resumed its clarification and discussion of some of the requirements to be included in the environmental findings and in the Conditional Use Permit: The requirement that language be contained to implement the purposes of Proposition 111 (E.G,, Trip Reduction and Congestion Management Plan). RESOLUTION NO. 91 -42 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL REGARDING ENVIRONMENTAL IMPACT REPORT NO. 29 AND MAKING CERTAIN ENVIRONMENTAL FINDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 136, COASTAL PERMIT NO. 52, GRADING PERMIT NO. 1246 AND LOT LINE ADJUSTMENT NO. 38 FOR A HOTEL AND CONFERENCE FACILITY LOCATED AT 6610 PALOS VERDES DRIVE SOUTH was presented by title adopted as amended on motion of Councilman Hughes, seconded by Councilman McTaggart. The motion carried on the following roll call vote: AYES: BACHARACH, HUGHES, McTAGGART, RYAN, AND MAYOR HINCHLIFFE RESOLUTION NO. 91 -43 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL OF CONDITIONAL USE PERMIT NO. 136, COASTAL PERMIT NO, 52, GRADING PERMIT NO. 1246, LOT LINE ADJUSTMENT NO, 38 AND ENVIRONMENTAL IMPACT REPORT NO. 29, THEREBY SUSTAINING THE PLANNING COMMISSION'S APPROVAL OF A HOTEL AND CONFERENCE FACILITY AT 6610 PALOS VERDES DRIVE SOUTH was presented by title. Discussion then ensued about additional conditions for this resolution: the requirement for reverse osmosis or other similar techniques when dealing with the water mitigation measures; the addition of the conditions as listed in the July 2, 1991 memorandum dealing specifically with the storage of reclaimed water in the artificial lake; the control of fugitive dust; the design of the irrigation systems; a developer agreement requiring the funding of an alternative water source study in an amount not to exceed $50,000; and, language addressing Los Angeles County fire services for the site. RESOLUTION NO. 91-43 was adopted as amended on motion of Councilman Hughes, seconded by Councilman Ryan and carried on the following roll call vote: AYES: BACHARACH, HUGHES, McTAGGART, RYAN, AND MAYOR HINCHLIFFE 8 CITY COUNCIL - JULY 21 1991 AUDIENCE QUESTIONS: Responding to the Mayor's call for audience questions for items not on the agenda was Roy Fulwider, 28219 Hazelridge, who talked about a number of items: the hazardous effects of using waste water for irrigation; the widening of Palos Verdes Dr. North; and, establishment of a fee on horses. CONDITIONAL USE PERMIT NO. 147 EXTENSION APPEAL (PAN ASIAN DEVELOPMENT) (1804) The Mayor opened the public hearing on this request to grant a one year extension to April 17, 1992 on C.U.P. No, 147, Variance No. 236 and Grading Permit No. 1274 to allow a 28,000 square foot! two story commercial office building with a two -level subterranean parking garage. The City Clerk reported that notice of the hearing had been published. Director Senard presented the staff memorandum of July 2nd and the recommendation to deny the appeal, thereby sustaining the Planning Commission's action to approve a one year extension of the proposed project. Mr. James Hayes, 64 Via Capri, Attorney for the Villa Capri Homeowners Association, requested that not only the timeliness of the application be considered but that the Council also consider the situation as it exists today and not as it did a year ago. He requested that the Council review the CEQA guidelines with regard to this project before extending the application and stated that what might have been considered a negative impact a year ago may not be negative today because of the other projects under consideration. He said that these were not taken into consideration at the time of the preparation of the Environmental Impact Report for this project and that now there are 14 other major projects in the City and that because of these projects , this application needed review. He requested that this application not be given perfunctory approval because of these changed circumstances. (At 11:06 P.M. Councilman Ryan left the Council dais.) Sonja Pedersen Hayes, the applicant in this matter, explained the circumstances of this appeal before the Planning Commission. She cited the rezoning of the Golden Cove area to residential and how it affected the set -back for the Pan Asian building. Ms. Hayes summarized the correspondence between herself and the City on this matter and said that geology was being performed to determine the stability of the area. She requested that the Council not accept the negative declaration and stated her concern about the seismic effect of the excavation that would be taking place, especially in light of the type of soil that existed in the location of this proposed excavation. Also speaking against the extension of this application was Russell 9 CITY COUNCIL - JULY 2, 1991 A. Tracey, 5 Via Veneta, President of the Villa Capri Homeowners Association, who stated the association's objection to this extension. (At 11:15 P.M. Councilman Ryan returned to the Council dais.) John Douglass, 62 Via Capri, reminded Council of his earlier testimony on this matter requesting an Environmental Impact Report and overturning the negative declaration. He cited the excavation required for this project, the dust control that would be necessary and the fact that during the past year their homeowners association had commissioned Schafer Dixon Associates to perform an independent assessment of the geology for this project area. Council then inquired about the status of the geology performed by the homeowners association, and the current status of the City's geological analysis. Councilwoman Bacharach moved, seconded by Councilman Hughes to close the public hearing. The motion carried unanimously. Council discussion continued and centered on the reason for the request for extension; the number of extensions that can be granted for this Conditional Use Permit; and, whether there was a right to such an extension. Councilman Hughes moved, seconded by Councilwoman Bacharach to deny the appeal thereby sustaining the Planning Commission's action to approve a one year extension of the proposed project. The motion failed on the following roll call vote: AYES: BACHARACH AND HUGHES NOES: McTAGGART, RYAN AND MAYOR HINCHLIFFE RESOLUTION NO. 91 -44 - HEIGHT VARIATION NO. 697 APPEAL (1804) The Mayor opened the public hearing on this appeal of a administrative approval of Height Variation No. 697 for an 874 sq. foot second story addition to a home located at 28105 Golden Meadow Dr. This addition would measure 21 feet 3 inches above the existing adjacent grade. The City Clerk reported that notice of the public hearing had been duly published. Director Benard presented the staff recommendation to deny the appeal thereby upholding the Planning Commission's decision to approve the project. The Mayor announced that, for the record, all members of the Council had visited the site on Sunday afternoon, that they did not engage in any conversation with the people at the site and that they were there simply to view the property. He stated that testimony should be limited to the issue of the height variation for the second story and should not pertain to the first story 10 CITY COUNCIL - JULY 2, 1991 aspect of this project. Speaking against the project were the following residents: appellant Richard Van Der Weyde, 28111 So. Golden Meadow Dr.; Ron & Milla Buss, 1472 Via Coronel, Palos Verdes Est,; Sheila & Charles Hoff, 28205 Ambergate Dr.; and Carol J. Ozark, 1468 Via Coronel, Palos Verdes Est. The concerns of these residents focused on the incompatibility of this project with the homes already existing in the neighborhood; objection to the fact that the sundeck is in the rear of the house and does not conform with the architecture in the neighborhood; the fact that approval of this second story will encourage other second story additions to be built; the loss of privacy to other homes adjacent to this second story; disagreement with the staff opinion that there was no view impairment caused by the second story; the mass appearance of the proposed project; and, some cited the blockage of ocean view by the proposed project. Speaking in favor of the project were the following residents : Dr. Gary S. Rinzler, the property owner; Daniel Gehman, architect for the project, 3643 S. Bear St., Santa Ana; Robert Reamer, Attorney for Dr. Rinzler, 23505 Crenshaw, Torrance; Howard Dielmann, 28220 Golden Meadow Dr.; Jawahar Shah, 27901 Golden Meadow Dr.; Ming -Ho Liu, 6918 Maycroft Dr. These speakers focused on the types of homes that already exist in the area and in, particular, the 24 two -story homes in the neighborhood; cited the fact that the applicant and his architect have worked with the neighbors to alleviate their concerns and have worked within the building code of the City; the fact that the compatibility requirement does not mean that additions have to be identical with other structures in the neighborhood; and, the fact that this improvement would be an asset to the neighborhood. Speaking in rebuttal was Ron Buss who reiterated his concern about the privacy issue inasmuch as the project would be built on what he felt was a ridge and requested that the homeowner stay within the one story limitation. William Cleary, 6935 Brookford, expressed his opposition to the project and said that this addition would impair the view from the front of his house. The property owner, Dr. Rinzler, presented pictures taken from the front of Mr. Cleary's house which he said showed that the impact would be minimal. Rebutting the appellant's testimony was the applicant's attorney Robert J. Reamer, who said that privacy was not one of the issues to be considered in this type of application and that there was not any significant view impairment presented by the project. Council then discussed the original application which had been presented for a first story addition and how that addition went out over the slope; whether the sun deck was part of the first addition or the second -story addition; if the view impairment covenant 11 CITY COUNCIL - JULY 2, 1991 applied to all of the trees on Dr, Rinz ler' s property; if there was some way to eliminate the extension of the deck over the jacuzzi; how the privacy standard applied to this matter; the fact most of the ocean view was blocked by City owned trees; and whether the overhang of the project should be taken off and the deck moved to the rear of the property. Councilman McTaggart moved, seconded by Councilwoman Bacharach to close the public hearing. The motion carried. Councilwoman Bacharach moved, seconded by Councilman Ryan to deny the appeal with the condition that the upstairs deck be made contiguous with the wall of the house. The motion failed on the following roll call vote: AYES: BACHARACH AND RYAN NOES: McTAGGART, HUGHES AND MAYOR HINCHLIFFE The motion failed. Councilman McTaggart moved, seconded by Councilman Hughes to deny the appeal and add a condition that no deck be built above the extension behind the existing house. The motion carried on the following roll call vote: AYES: BACHARACH. HUGHES, McTAGGART, RYAN AND MAYOR HINCHLIFFE RESOLUTION NO. 91 -44 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL OF HEIGHT VARIATION NO, 697, THEREBY APPROVING THE APPLICANT'S REQUEST FOR A SECOND STORY ADDITION AT 28105 GOLDEN MEADOW DRIVE was presented by title and adopted as amended on motion of Councilman Hughes, seconded by Councilman McTaggart and carried unanimously. RECESS AND RECONVENE At 1:05 A.M. the Mayor declared a brief recess. At 1:10 A.M. the meeting reconvened. RESOLUTION NO. 91 -45 AND RESOLUTION NO. 91 -46 REFUSE AND RECYCLING FEE INCREASE - (1301) The Mayor opened the public hearing on this rate increase to be effective July 1, 1991 for the residential refuse and recycling collection services within the City. The City Clerk reported that notice of this public hearing had been duly published. Assistant to the City Manager Pamela Antil presented the staff memorandum of July 2nd and the recommendation to: (1) Conduct a public hearing. (2) Adopt a resolution establishing the residential refuse collection rates for Areas I, II and II (Waste Management). (3) Adopt a resolution establishing the residential refuse collection rates for Area IV (Ivy Rubbish Disposal) . 12 CITY COUNCIL - JULY 21 1991 There being no response to the Mayor's call for public testimony he ordered the public hearing closed. Council discussed if the current policy of the City was forcing the residents to have higher rates because of backyard service and whether this was an issue that should be regulated by the homeowners association rather than the City. Another issue raised was the increase in the tipping fees by BKK and if the County had a strategy such as building their own transfer station as a means of keeping down the cost of the tipping fees. Council also discussed when this billing would be put on the tax rolls and, since the haulers wouldn't be doing the billing, if that would reduce costs to the residents. RESOLUTION NO. 91 -45 OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING THE RESIDENTIAL REFUSE COLLECTION RATES IN AREA I, II AND III was presented by title and adopted on motion of Councilwoman Bacharach, seconded by Councilman Ryan and carried. RESOLUTION NO. 91 -46 OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING THE RESIDENTIAL REFUSE COLLECTION RATES IN AREA IV was presented by title and adopted on motion of Councilwoman Bacharach, seconded by Councilman Ryan and carried. RESOLUTION NO. 91 -47 AND RESOLUTION NO. 91 -48 - EMPLOYEE & MANAGEMENT EMPLOYEE PERSONNEL RULES (1202) Assistant to the City Manager Antil presented the staff memorandum of July 2nd and the recommendation to adopt the two proposed resolutions. A brief Council discussion ensued about the continuation of insurance premiums and who would be responsible for paying those premiums both during medical leave and maternity leave. Councilwoman Bacharach moved, seconded by Councilman Hughes that insurance benefits be paid by the City during any medical leave. The motion carried with Councilman Ryan abstaining. RESOLUTION NO. 91 -47 OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING COMPETITIVE SERVICE EMPLOYEE PERSONNEL RULES was presented by title and adopted on motion of Councilwoman Bacharach, seconded by Councilman McTaggart and carried with Councilman Ryan abstaining. RESOLUTION NO. 91 -48 OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING MANAGEMENT EMPLOYEE PERSONNEL RULES was presented by title and adopted on motion of Councilwoman Bacharach, seconded by Councilman McTaggart and carried with Councilman Ryan abstaining. Staff was requested to review the policy regarding mileage payment and reimbursement and make sure the handbook policy was consistent 13 CITY COUNCIL - JULY 21 1991 with adopted Council policy. SILVER SPUR WIDENING (1404 x 1401) Director Wentz presented the staff memorandum of June 24th and the recommendation that as a result of paving the shoulder on Silver Spur Road on the west side 90 to 100 parking spaces would be gained at a cost of approximately $32,000. Council discussed if or not this project could be added to the Hawthorne Overlay Project; made contingent upon the School District consolidating it with one of their projects; and, the length of time that it will take to accomplish this widening. Councilman Ryan moved, seconded by Councilwoman Bacharach to authorize the paved shoulder alternative conditioned upon the School District paying for it and having it included in another project. The motion carried. ORDINANCE NO. 267 - MANNED FLIGHT FROM CITY PARR LANDS (1201) Director Thomas presented the staff memorandum of July 2nd and the recommendation that City Council introduce this ordinance amending the Municipal Code by adding Section 12.16.045 thereby prohibiting manned flight from City parklands except where express permission has been granted. Councilwoman Bacharach moved, seconded by Mayor Hinchliffe to introduce ORDINANCE NO. 267 OF RANCHO PALOS VERDES REGULATING PARK USAGE AND AMENDING THE MUNICIPAL CODE BY ADDING SECTION 12.16.045 THEREBY PROHIBITING MANNED FLIGHT FROM CITY PARK LANDS the motion carried unanimously. SOUTH BAY TRANSPORTATION STUDY (1505) Director Wentz presented the July 2nd staff memorandum and the recommendation that the City Council endorse the project priorities for transportation improvements in the South Bay as identified by staff. Council briefly discussed the priorities as listed in the staff memorandum and it was the consensus that Park and Ride Lots should become a high priority item and be numbered three. Councilwoman Bacharach moved, seconded by Councilman Ryan to adopt the staff recommendation. The motion carried. MATCHING FUNDING FROM R.U.L.E. (105 x 1401) The City Manager presented the staff memorandum of June 27th and the recommendation that the City Council determine if they wished to authorize payment to R.U.L.E. of up to $5,000 on a matching 14 CITY COUNCIL - JULY 21 1991 basis for committee members' expenses in connection with travel to Sacramento as well as for legal and lobbyist costs relating to appeals from the decision of the Los Angeles County Committee on School District Organization, Councilwoman Bacharach moved, seconded by Councilman Hughes to adopt the staff recommendation. The motion carried on the following roll call vote: AYES: BACHARACH, HUGHES, McTAGGART, RYAN AND MAYOR HINCHLIFFE SALE OF FIRE WORKS IN THE SOUTH BAY (603) Councilman Hughes reported that the City of Lawndale is the only city in the South Bay that continues to sell fireworks. He requested that Council support sending a letter to the City of Lawndale asking them to install a complete ban on the sale of fireworks and he so moved. The motion was seconded by Councilwoman Bacharach and carried. ADJOURNMENT: At 2:00 A.M. the Council adjourned the meeting on m tion of Councilwoman Bacharach, seconded by Councilman Hughes an carried. A TEST: CITY CLERK )IN 7 2 9 1 15 CITY COUNCIL - JULY 21 1991