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CC MINS 19911106M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING NOVEMBER 61 1991 The meeting was called to order 7:30 P.M. by Mayor Hinchliffe at the Hesse Park Community Center, 29301 Hawthorne Boulevard. 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 Bussey, Deputy City Manager Mark Rohloff, Environmental Services Director Robert Benard, Public Works Director Catherine Reed, Recreation and Parks Director Mary Thomas, City Attorney Carol Lynch and City Clerk Jo Purcell. APPROVAL OF AGENDA Councilwoman Bacharach moved, seconded by Councilman McTaggart to approve the agenda as presented. The motion carried unanimously. CEREMONIAL MATTER The Mayor presented a ceremonial proclamation to Victor Bennett, for his public service and leadership activities on the Palos Verdes Peninsula. CONSENT CALENDAR Regarding the item relating to the Palos Verdes Drive East Realignment, Lois Larue, 3136 Barkentine Rd. , stated her objection to the contractor on this job not complying with the Federal Disadvantaged Business Enterprise requirements. Permit Parking adjacent to Peninsula High School was removed from the consent calendar to be discussed at the end of the meeting. The consent calendar was then approved as follows on motion of Councilwoman Bacharach, seconded by Councilman McTaggart. 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 1 Adopted the minutes of September 14 and October 1,'1991. MIRALESTE & RIDGECREST RECREATION & PARR DISTRICTS - APPOINTMENT OF BOARD MEMBERS ( 3 01 x 12 01) (1) Approved the appointment of Endsley H. Collette, Jr. and E. Wayne Fager to serve on the Ridgecrest Recreation & Park District Board until December 1995. (2) Approved the appointment of Winifred Brtis to serve until December 1993, and Robert L. Hansen, Kenneth Holt, M.D. and Thomas G. Stolpman to serve until December 1995 on the Miraleste Recreation & Park District Board. CLAIM AGAINST THE CITY BY BRADLEY YOUNGGREN (303) Rejected the claim and directed the City Clerk to notify the claimant of the Council's action. CLAIM AGAINST THE CITY BY CAMERON V. CAMERON (303) Rejected the claim and directed the City Clerk to notify the claimant of the Council's action. PALOS VERDES ESTATES FIXED ROUTE TRANSIT SERVICES (1505) Approved the concept of a peak hour fixed service which would run between Lunada Bay in Palos Verdes Estates and Peninsula Center and would be operated by PV Transit with the understanding that the City of Palos Verdes Estates would fully fund the service for the first twelve months of operation. ACCEPTANCE OF PALOS VERDES DRIVE EAST REALIGNMENT PROJECT (1204 x 1404) (1) Accepted as complete the Palos Verdes Drive East Realignment Project for an amount of $317,695.88 less a $12,467 Disadvantaged Business Enterprise (DBE) penalty for a total of $305,228,88, (2) Directed the City Clerk to file a Notice of Completion and to notify the surety to exonerate the contract bonds. (3) Directed the Finance Officer to release the retention, less $12,467 for a DBE penalty, if no other claims are filed against the contractor in the allowable time period. PENINSULA REGIONAL LAW ENFORCEMENT SERVICES AGREEMENT (1206) Authorized the Mayor to sign the letter which formally requests the level of law enforcement services for the Peninsula Region in FY 1991-920 LEGISLATIVE ACTIVITIES - LEAGUE OF CALIFORNIA CITIES (306) Joined the League of California Cities in supporting the "Cable Consumer Competitiveness Act of 1991" (H.R. 3560)0 2 NOVEMBER 6, 1991 WAIVER OF APPLICATION AND PENALTY FEES FOR A NON - CONFORMING WALL AT 5349 MANI TOWAC (12 0 3) Waived the penalty fees related to permits for an existing non - conforming wall in the front setback at 5349 Manitowac, RESOLUTION NO. 91 -76 REGISTER OF DEMANDS Adopted RESOLUTION NO, NO. 91 -76 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. AWARD OF CONTRACT FOR ROOF REPAIR - LADERA LINDA COMMUNITY CENTER (1201 x 1204) Awarded the roof repair contract to Coast Roof at a cost of $11,888 plus provide a 10% contingency of $1,188 for a total authorized expenditure of $13,076. The motion to approve the consent calendar carried on the following roll call vote: AYES BACHARACH, HUGHES, McTAGGART, RYAN, AND MAYOR HINCHLIFFE NOES: NONE ABSTAIN: NONE PUBLIC HEARING: VIA COLINITA - DRAFT EIR (1502) Mayor Hinchliffe opened the public hearing on this matter and stated that only the draft Environmental Impact Report would be discussed and not the closure of Via Colinita and that the audience should limit their comments to the draft EIR. The City Clerk reported that the public hearing had been duly published and that protest letters had been forwarded to the City Council. Director Benard presented the staff memorandum of November 6th which contained a detailed background on the study of the vehicular traffic between Miraleste Drive and Enrose Avenue. This study started back in 1989 with the request from several residents in the Eastview area to the Traffic Committee to consider a complete closure of Via Colinita as a means of elimininating the high number of vehicles using Eastview residential streets as a shortcut to access Western Ave. from Miraleste Drive. Continuing with the staff report, Mr. Benard stated that on February 20, 1990 the City Council heard an appeal by Eastview residents objecting to the Traffic Committee's denial of their request to make Via Colinita one -way and sustained the appeal and directed the staff to proceed with the preparation of an 3 NOVEMBER 6, 1991 Environmental Assessment of the proposed one -way restriction. Staff completed the Environmental Assessment for the project in June 1990 and concluded that although it appeared that the proposed street restriction would generate no significant impacts the preparation of a focused EIR would be necessary because of significant public concern and controversy. Staff presented its findings to the City Council on July 17, 1990 at which time the Council directed the staff to prepare a request for proposal for the preparation of such a focussed EIR. Upon the completion of the focussed EIR the draft began the circulation for public review and comment on October 101 19919 Mr. Benard proceeded to explain that the purpose of this hearing was to provide an opportunity to the public to submit oral comments on the environmental issues raised in the draft EIR. Comments on the merits of the proposed vehicular restriction would have to be reserved for future public hearings when actual implementation of the proposed project was to be considered. Such a public hearing could not take place until after the final EIR is completed, possibly sometime in January 1992. Speaking in opposition to the consideration for restriction of traffic on Via Colinita were the following: Keith Reynolds, representing E1 Prado Estates Homeowners Assoc., 30745 Tarapaca Rd . ; Ed Kennedy, 2 713 Vista Mesa Dr.; Charles Dohogne , 29615 Enrose Ave.; John Beringer, representing the Palos Verdes Council of Homeowners Association, 3412 Seaglen Dr.; Sebastian Tortarolo, 4224 Miraleste Dr.; Ivan Halaj, 6341 Via Colinita; Jane Jones, 2747 Vista Mesa; Barbara Kennard, 3402 Deluna Dr.; Edward Murphy, 6304 Via Ciego. Carol McKiness, 3274 Crownview; and, Paul Garmus, 3324 Seaclaire, representing the Mediterriana Homeowners Assoc. Mr. Reynolds referenced his organization's October 27, 1991 letter to the City which commented on what they felt to be weaknesses and understatements in the EIR; other speakers expressed concerns that the EIR underestimated the impact that this restriction would have on the traffic on 9th and First Street in San Pedro; cited the design of Via Colinita as one of the problems that should be addressed; requested that enforcement be directed toward speed limitation; and that speed bumps be installed; questioned if the closure of Miraleste High School had been considered in the preparation of the EIR; requested that the Council consider more access roads to the Peninsula so the traffic could be more evenly distributed; cited the fact that the use of 9th Street additionally would have a detrimental effect on the commercial area along Western Ave.; and, presented a copy of a petition containing 500 signatures which were collected in early 1990 and which had been presented earlier to the Council. One speaker expressed concern for the impact this closure would have on her family's ability to get certain medical services. Speaking in favor of vehicular restriction on Via Colinita were the 4 NOVEMBER 6, 1991 following people: Marta Houske, 2062 Trudie Dr.; Dermot McGettigen, 2072 Trudie Drive; Stan Heifetz, 2043 General St.; Carol Donahue, 29679 Enrose Ave.; and, Salim Patel, 2056 General St. These speakers expressed support for the draft EIR and stated that this reflected the traffic patterns after the closure of Miraleste High School; stated that the traffic on Via Col inita has been a problem since 1960; that the affects of the traffic on First and, 9th St. could be reversible; and, stated there were as many as 10 -15 vehicles per minute traveling at a rate of 30 to 40 miles per hour on the street. The Mayor reported that this -was the end of the period for presentation of oral remarks on the EIR however, written comments could be presented until November 25, 19910 Council then commented on the fact that the lowest acceptable level of service should be reflected as a "C" category; and, inquired about the possibility of installing landscaped median circles in certain intersections to slow the traffic. Mayor Hinchliffe moved, seconded by Councilman McTaggart to close the public hearing. Motion carried. RECESS AND RECONVENE At 8:45 P . M . the Mayor declared a recess. At 8:55 P . M . the meeting reconvened. CONDITIONAL USE PERMIT NO. 147 EXTENSION - PAN ASIAN (1804) Mayor Hinchliffe declared the public hearing open and the City Clerk reported that notice of this public hearing had been duly published and that letters of opposition were enclosed in the City Council Agenda packet. Council inquired about the procedure for reconsidering this item inasmuch as it was denied on August 6, 1991 and a resolution of denial had been adopted by the City Council. The City Attorney clarified the process whereby this was discussed at a closed session and a motion was made to reconsider this item and present it at the next meeting. She continued, however, that the first action of the City Council should not be reconsideration of the matter but instead should be the rescinding of Resolution No. 91 -54 which had been adopted by the City Council on August 6th and which had denied the request for extension. Director Benard presented the November 6th staff memorandum which summarized the City Council's action at the July 2, 1991 meeting where the appeal of the Planning Commission's approval for a one year extension was sustained thereby expiring the project approval, Subsequently the City Council adopted Resolution 91 -54 at the August 6th meeting confirming the July 2nd action. 5 NOVEMBER 6, 1991 Councilman Ryan moved, seconded by Councilman McTaggart to continue this item. The motion failed on the following roll call vote: AYES: RYAN, McTAGGART NOES: BACHARACH, HUGHES AND MAYOR HINCHLIFFE Sonja Pedersen Hayes, 64 Via Capri, told the Council that she was stunned that this matter was being reconsidered. She cited her previous objection to this project when it was before the Planning Commission and referred to her previous letter of June 1991 to the City Council. She requested that the City Council deny this request.for reconsideration. James Hayes, 64 Via Capri, an attorney representing certain homeowners in Villa Capri, presented his letter of November 5, 1991 which listed the reasons why this request for reconsideration of the City Council's final action sustaining the appeal and denying the request to extend the permits should be denied: certain alleged statements attributed to staff; the fact that nobody spoke on behalf of the applicant at either the Planning Commission or City Council public hearings on the matter; and, that no unusual hardship was shown. (This letter is on file with the City Clerk's Office.) Additionally, Mr. Hayes said that the applicant had not presented any new grounds demonstrating a hardship. Dianne L. Douglass, 62 Via Capri, presented a letter dated November, 1991 which rebutted the charge that Mr. Chen had been deprived of his civil rights and that he had been denied an opportunity to testify. ( Ms. Douglass letter is on file with the City Clerk's office.) Representing the applicant was attorney Lauren K. Saunders, who said that the City Council does have a right to reconsider their action on this matter since this was the first extension requested by the applicant. She said that it had been alleged that the City's practice had been to automatically grant these extensions, and that in denying Mr. Chen this extension he was being treated differently. She told the Council that in the year since the permits were granted that the applicant had been trying to get a geology report and an easement from the Southern California Edison Co. She went on to say that the applicant had been told by SCE it would take six to eight weeks to get the easement but instead it had taken seven months. This delay she said was not of the applicant's making. She requested that the City Council extend the application to November of 1992 or, if they saw fit, to April 1992 . Director Benard stated that it is his practice to advise applicants that each of these applications are individual and decided upon their own merits and that prior to submittal before the Planning Commission or the City Council he is unaware of the decision to be 6 NOVEMBER 6, 1991 made by those bodies on the applications. He said that Mr. Chen and Mr. Zell were advised of the hearings of both July and August of 1991. He referred to Mr. Zell's original letter of application for extension and cited that no reason was stated in the letter for the extension. Mr. Benard reported that Mr. Zell stated in a subsequent letter that the reason for the request was the general economic downturn, and no mention was made of the Southern California Edison Co. easement. Councilman McTaggart moved, seconded by Councilwoman Bacharach to close the public hearing. The motion carried. Councilwoman Bacharach moved, seconded by Mayor Hinchliffe to rescind Resolution No. 91 -54. The motion failed on the following roll call vote: AYES. BACHARACH, MAYOR HINCHLIFFE NOES: HUGHES, McTAGGART AND RYAN ZONE CHANGE NO* 19 - WINDPORT - PARCEL MAP NO . 18947 ( 1410 X 18 0 4 ) The Mayor opened the public hearing on this application for the Zone change and Tentative Parcel Map Appeal. The City Clerk reported that notice of the hearing had been duly published and that the letters of protest had been included in the City Council agenda packet. Director Benard presented the staff memorandum of November 6th and the recommendation to certify the Environmental Impact Report No. 31, approve Zone Change No. 19 and uphold the appeal, thereby approving Tentative Parcel Map No. 18947 and Grading No, 1460. Representing the applicant was their attorney Tim Burrell, 57 Marguerite Drive, who told the Council that there were two alternatives on how to proceed on this project and that they had tried to minimize the grading that would be necessary. With the use of drawings mounted for audience viewing Mr. Burrell explained the alternative which would allow removal of the earth under the bulb area and allow for recompaction. He said this would eliminate settling of the property and alert potential future residents that it is certified fill that they would be living on. He said that the change from the current proposal removes 40,000 cubic yards and recompacts it; the alternative removes 98,000 cubic yards; subterranean drains will be installed to eliminate subsurface settlement of water; and, a retaining wall will be installed on all of the adjacent properties. In both alternatives they would remove the existing drainage system and replace it with one that would prevent erosion; that they would designate one -third of the property as a scenic easement and grant it to the Palos Verdes Land Conservancy. On both of these designs there would be grading to the same depth but there would be less excavation with one of the alternatives and that it would take less than two months to do the 7 NOVEMBER 6, 1991 excavation. He said this project would need to have further discussion of the EIR and suggested a procedure that is recommended in the State EIR Guidelines. He suggested that a document be prepared that discusses this project and that it be allowed to have local review. He stated his agreement with the staff report but, however, did not agree that a zone change from the open hazard zoning to the RS -2 Zoning was necessary. He said that his clients did not have any further need for a time extension, and that he would support the project as reviewed by the Planning Commission and the Environmental Services Dept. Council then inquired about the size of the area that was designated RS -5 and RS -4; requested clarification of the past zoning of this property; inquired about the length of time it would take to do the grading; what would be the disposition of the dirt during the compaction operation; how the walls would be built; clarification of the terms of this hearing and whether the appeal could be denied or if the whole project could be denied at this stage. Representing the.Palos Verdes Land Conservancy was Mike Kilroy, 1505 Palos Verdes Dr. West, who confirmed that the applicant had initiated an agreement with the Conservancy for conveyance of an easement over a large portion of the property. He said that this easement would provide the Conservancy with the eastern portion of the property along with an access both around the property and would include restoration of the area known to be a natural habitat. Representing the homeowners on Windport Dr., Locklenna Lane, and the Seagate and Concord Villas was Philip Freeland, of Pacific Development Consultants, 3205 Manhattan Ave., Hermosa Beach. Mr. Freeland read a prepared statement which in detail stated the reasons why the homeowners were opposing this development: the project area was a natural canyon that had been partially filled with un- compacted debris over the years and is not a developable site as proposed by the applicants; the environmental issues raised by the proposed alternatives; whether the rezoning of a portion of this 8.8 acre project site was consistent with the General Plan; that the appellant should have applied for a General Plan amendment; the inconsistencies with the visual aspect section and the transportation system policies of the General Plan that the project presented; and, with regard to the technical issues of geology, there was no precedent for this type of project in a canyon area on uncompacted fill, He said there were no indications that the engineers had established any proper mitigation- measures related to the soils issues; questioned the enforcement of the limitation on water usage for landscaping; questioned who would be responsible for maintaining utilities in the case of failure due to soil settlement; and inquired about the effects of the drainage to Mr. Vannorsdoll's property to the northwest. With regard to the issue of indemnification against potential ground failure by the 8 NOVEMBER 6, 1991 developer he said that indemnification against damage to adjacent properties should be a mitigation measure required on this project. Mr. Freeland concluded by saying that these were some of the inadequacies of the project. to copy of Mr. Freeland 's statement is on file with the City Clerk's Office.) In rebutting Mr. Freeland's remarks, Mr. Burrell said they are trying to make the zoning on that property consistent with the other property in the area and that he would like to have an opportunity to fully present the alternative designs that would satisfy their concerns. He said that left in its present state the canyon is in danger of eroding and that it needs to be corrected. Representing the applicant was their geologist Keith Tucker, who explained that they have thickness of fields in the building pad area of up to 60 feet in depth; described the alternatives of minimizing the settlement of the homes; and, stated that the estimates for the grading were based on records used in the building of dams. Sunshine, 6 Limetree , stated that this was not the only uncompacted fill in the area. Councilwoman Bacharach, moved seconded by Councilman Hughes and carried to close the public hearing. Council then discussed the uncompacted fill in the area, and the fact that this was a canyon and that building was not permitted in canyon areas. Council inquired whether there was some early warning to the applicants regarding the feasibility of building such a project; and, expressed concern about the significant problem with the water course. Councilwoman Bacharach moved, seconded by Councilman McTaggart to deny the zone change and the project. The motion carried unanimously. Apropos of the zoning change, staff inquired whether this would be an appropriate time to consider a General Plan Amendment Initiation to deal with the rezoning of this area when the amendments are considered next year. Councilman Ryan moved, seconded by Councilwoman Bacharach that staff correct and refine the zoning lines in the western area of this site to reflect the true geography of the area. The motion carried unanimously. Relative to the issue of erosion of the canyon area it was the consensus that staff should prepare a report making recommendations for the abatement of these conditions. In response to Council's inquiry, the City attorney stated that 9 NOVEMBER 6, 1991 since the two newly elected Councilmembers, Brooks and Kuykendall were in attendance at this meeting that they would be able to vote on this issue on a future agenda. Councilman Hughes moved, seconded by Councilman Ryan and carried to direct to staff to consult with the City Geologist and prepare measures that would correct and remedy the conditions in this area . RECESS AND RECONVENE At- 11:00 P.M. the Mayor declared a recess. At 11:07 P.M. the meeting reconvened. RECYCLING DRAWING A member of the press drew two postcards from the recycling bin. AUDIENCE QUESTIONS: Richard Bara, 1 Peppertree, inquired about the status of the coastal ridge rezoning study. He summarized for the Council his recollection of the action taken on this subject. It was the consensus that this matter should be discussed at the tentatively scheduled November 23rd Geology Workshop. It was also clarified that the area to be considered in this matter was the open space that exists on the seaward side, from Palos Verdes Drive up to the top of the slope. Lawrence Burke, 3437 Palo Vista Drive, citing the case of an unfinished structure in his neighborhood, inquired about restrictions on the length of time that construction can be left unattended. It was the consensus that staff should investigate this matter and report back to the Council in the weekly administrative report. ENVIRONMENTAL ASSESSMENT NO. 630 - INCORPORATION OF THE TRAIL AND BIKEWAY DEVELOPMENT POLICY INTO THE GENERAL PLAN (701 x 1203 x 1201) The Mayor declared the public hearing open and the City Clerk reported that notice of the public hearing had been duly published. Director Benard presented the staff memorandum of November 6th and the recommendation that the City Council adopt the Negative Declaration prepared in association with Environmental Assessment No. 630 and amend the City's General Plan to incorporate the Trail and Bikeway Development Policy into the Urban Environment Element of the General Plan, Lawrence Burke, 3437 Palo Vista Drive, told the Council that he felt the Trails Plan still needed more work and that he had 10 NOVEMBER 6, 1991 concerns about trails that are on steep slopes and suggested that the adoption of the Trails Plan be postponed until more study can be done relative to those steep areas. Councilwoman Bacharach moved, seconded by Councilman Hughes to close the public hearing. The motion carried unanimously. Resolution No, 91 -77 OF THE CITY OF RANCHO PALOS VERDES ADOPTING A NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO, 630 AND AMENDING THE CITY'S GENERAL PLAN TO INCORPORATE THE TRAIL AND BIKEWAY DEVELOPMENT POLICY AND INCLUDE THE TRAILS CATEGORY DEFINITIONS IN THE GENERAL PLAN was read by title and adopted on motion of Councilwoman Bacharach, seconded by Councilman Hughes. The motion carried on the following roll call vote: AYES: BACHARACH, McTAGGART, HUGHES AND MAYOR HINCHLIFFE NOES: RYAN MULTIPLE FAMILY RESIDENTIAL REFUSE - RESOLUTION NO. 91 -78 (1101 x 1301) The Mayor opened the public hearing on this matter of the franchise agreement with Waste Management of California for multiple family residential recycling and refuse collection services. The City Clerk reported that notice of this public hearing had been duly published and no written protests were received by the City. There being no response to the Mayor's call for public testimony Councilwoman Bacharach moved, seconded by Councilman Ryan and carried to close the public hearing. Council discussion then focussed on the fact that the fees at the transfer station had increased and consequently this had increased the hauler's rates; that the formula used in determining the rate should be reviewed in light of the fact that with more recycling by residents there would be less of a tipping fee paid by the hauler at the transfer station. The discussion concluded with the consensus that the formula would be reviewed in the coming year. RESOLUTION NO. 91 -78 OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING THE MULTI- FAMILY RESIDENTIAL REFUSE. COLLECTION RATES IN THE CITY was presented by title and adopted on motion of Councilwoman Bacharach, seconded by Councilman Hughes and carried unanimously. Since concern was expressed that the homeowner organizations may not be aware of this increase it was the consensus that staff would send them a letter advising. COMMERCIAL REFUSE AND RECYCLING 1301) RESOLUTION NO. 91 -79 (1101 x 11 NOVEMBER 6, 1991 The Mayor opened the public hearing on this matter to authorize a nonexclusive commercial refuse agreement for the collection and disposal of commercial refuse in the City for a period of one year commencing on January 1, 1992. The City Clerk announced that notice of this public hearing had been duly published. The staff report was presented by Assistant to the City Manager Pamela Antil with the recommendation to 1) Authorize execution of the proposed nonexclusive commercial refuse agreement for the collection and disposal of commercial refuse in the City for a period of one year commencing on January 1, 1992. 2) Adopt a resolution establishing a 5% franchise fee and a 5% AB 939 fee as outlined in the attached agreement. Council inquired about the mechanism for determining whether the trucks used by the franchisee were indeed being inspected by the California Highway Patrol; how the trucks used in the City could be identified; and, if the business license decals could be used as a means of identifying those trucks. Speaking in opposition to this increase. was Barbara Kennard, 3402 Deluna Drive, who questioned the imposition of this 5% AB 939 tax and the 5% franchise tax in light of the downturn in business being experienced by the merchants in the Western Ave. area. I She requested that the City Council consider not passing the 5% franchise fee for another year or two. Representing BFI Waste Systems was Chip Scholz, 14905 South San Pedro Street, Gardena,, who told the Council that AB 939 has created a lot of challenges for both the haulers and the cities, and that his company has nonexclusive franchises in other areas and it seemed to be working out okay. Executive Director of the San Pedro Chamber of Commerce Leron Gubler, , 3901 West 7th Street, thanked the Council for working with the merchants and said that this was an acceptable arrangement to the merchants. Lois Larue, 3136 Barkentine Road, inquired whether she can have an exclusive franchise for hauling her own refuse. She suggested that the AB 939 fee be postponed and that the 5% franchise fee be reduced. Councilwoman Bacharach moved, seconded by Councilman Hughes to close the public hearing. The motion carried unanimously. Council then discussed the proposed agreement and it was the consensus that the agreement be amended to indicate that the franchise and AB 939 fee amount be included on the bill to customers. Additional Council discussion then centered on whether the City had 12 NOVEMBER 6, 1991 any idea of the gross revenues generated by the hauler's in this area; and, if the revenue could be reviewed after the first quarter to determine the cost of administering AB 939 to see if it is excessive. Councilwoman Bacharach moved, seconded by Councilman Ryan to authorize execution of the nonexclusive commercial refuse agreement as amended for a period - of one. year commencing on January 1, 1992 with the understanding that the issue would be reviewed at the end of the second billing period. Motion carried unanimously. RESOLUTION NO. 91 -79 OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING COMMERCIAL REFUSE FRANCHISE AND AB 939 FEES IN THE CITY was presented by title and adopted on motion of Councilwoman Bacharach, seconded by Councilman Ryan. The motion carried unanimously. MUNICIPAL CODE REVISIONS - ORDINANCE NOS. 272, 273, 274, AND RESOLUTION NO. 91 -80 (201 x 1203 x 1801) Director Benard presented the staff memorandum of November 6th and the recommendation to adopt the resolution certifying the Negative Declaration and introduce ordinances approving revisions to Titles 1,2, 6, 8, 16 and 17 of the Municipal Code. A brief Council discussion ensued regarding the amount of change that could be made upon the second reading of these proposed ordinances; the appropriateness of continuing this item; and, the fact that there was one project under consideration which was dependent upon the passage of one of the proposed ordinances. RESOLUTION NO. 91-80 OF THE CITY OF RANCHO PALOS VERDES ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL ASSESSMENT NO., 628 FOR AMENDMENTS TO CERTAIN SECTIONS OF THE MUNICIPAL CODE was presented by title and adopted on motion of Councilman Hughes, seconded by Mayor Hinchliffe. The motion carried unanimously. ORDINANCE NO. 272 OF THE CITY OF RANCHO PALOS VERDES ADOPTING AN AMENDMENT TO TITLE 16 OF THE MUNICIPAL CODE, REGARDING COMPLIANCE WITH THE SUBDIVISION MAP ACT was introduced on motion of Councilwoman Bacharach, seconded by Councilman Hughes. The motion carried unanimously. ORDINANCE NO. 273 OF THE CITY OF RANCHO PALOS VERDES ADOPTING AN AMENDMENT TO TITLE 8 OF THE MUNICIPAL CODE, REGARDING THE ADDITION OF DUMPING PROVISIONS was read by title and introduced on motion of Councilwoman Bacharach, seconded by Councilman Hughes. The motion carried unanimously. ORDINANCE NO. 274 OF THE CITY OF RANCHO PALOS VERDES ADOPTING AMENDMENTS TO TITLE 1, TITLE 2 AND TITLE 6, REGARDING THE REVISION AND ADDITION OF CERTAIN DEFINITIONS was presented by title and 13 NOVEMBER 6, 1991 introduced on motion of Councilwoman Bacharach, seconded by Mayor Hinchliffe. The motion unanimously. Section 6.04.095 was amended to include un- neutered male goats. Councilman Ryan moved, seconded by Councilman McTaggart to continue Title No. 17. The motion carried. CONCEPTUAL TRAILS PLAN - REVISION - RESOLUTION NO. 91 -81 (701 x 1201) The Director of Recreation and Parks Mary Thomas presented the staff memorandum of November 6th and the recommendation that the Council adopt the proposed resolution amending the Conceptual Trails Plan to reflect the decisions of the City Council taken at the October 29, 1991 workshop. RESOLUTION NO. 91 -81 OF THE CITY OF RANCHO PALOS VERDES AMENDING THE RANCHO PALOS VERDES CONCEPTUAL TRAILS PLAN was presented by title and adopted on motion of Councilwoman Bacharach, seconded by Coucilman McTaggart and carried. GREY WATER IRRIGATION SYSTEMS (12 04 x 2 01) Director Benard presented the staff memorandum of November 6th and the staff recommendation to provide staff with direction to prepare Municipal Code amendments incorporating provisions for grey water irrigation systems into the Plumbing Code, Councilman Ryan moved, seconded by Councilman Hughes to adopt the staff recommendation. The motion carried. CHARLES ABBOTT CONTRACT - AMENDMENTS (1101 x 1204) The City Manager presented the staff memorandum of November 1, 1991 and the recommendation to authorize the mayor to sign amendments to Charles Abbott Associates, Inc. contracts for Public Works Management and Engineering Services and for Building and Safety Services, including billing rates and providing for language changes to memorialize existing building and Safety billing procedures. Council then discussed the effect this would have on the adopted budget; the distribution of the charges; whether the City could afford this increase; and, if it would be appropriate to postpone this matter until another meeting. Councilman Hughes moved, seconded by Councilman Ryan to continue this item to another meeting. The motion carried on a 4 -1 vote with Mayor Hinchliffe voting in opposition. ITEM REMOVED FROM THE CONSENT CALENDAR 14 NOVEMBER 6, 1991 RESOLUTION NO. 91 -82 - PARKING RESTRICTIONS AT PENINSULA HIGH SCHOOL (12 0 4 x 1401 x 15 02 ) The City Manager presented the staff memorandum of November 6th and clarified the 'administrative charges in the case that the City would administer the permit stickers for this restricted parking area. It was the consensus that the staff should determine if somebody in that area would be willing to administer the distribution of the stickers; otherwise, if the City had to administer then a fee would have to be included. RESOLUTION NO. 91 -82 OF THE CITY OF RANCHO PALOS VERDES AMENDING EXHIBIT "A' TO RESOLUTION NO. 91 -65 REGARDING THE STREETS WHICH ARE SUBJECT TO CERTAIN PARKING RESTRICTIONS was presented by title and adopted on motion of Councilman Hughes, seconded by Councilman McTaggart and carried. ADJOURNMENT At 12:50 A.M. the meeting adjourned to 6:00 P.M. on Tuesday, November 19, 1991 upon motion of Councilman Hughes, seconded by Councilman McTaggart. ATTEST CITY CLERK 116/91. min � 15 NOVEMBER 6, 1991