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CC MINS 19911203M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 3, 1991 The meeting was called to order at 6:00 P.M. by Mayor Hinchliffe, at the Hesse Park Community Center,, 29301 Hawthorne Boulevard. Notice having been given with affidavit thereto on file. PRESENT: BACHARACH, HUGHES, McTAGGART, RYAN, AND MAYOR HINCHLIFFE Also present were City Manager Paul Bussey, Deputy City Manager Mark Rohloff, Director of Environmental Services Robert Benard, Public Works Director Catherine Reed, Recreation and Parks Director Mary Thomas, City Attorney Carol Lynch and City Clerk Jo Purcell, CEREMONIAL MATTER: Mayor Hinchliffe presented a ceremonial proclamation to Ann Wittles in recognition of her retirement from the Palos Verdes Library District Board and expressed gratitude for her service to the community. He also presented proclamations to outgoing Palos Verdes Peninsula Unified School District Board members Jack Bagdasar and Joseph Sanford in recognition of their service to the community also. CERTIFICATION OF ELECTION - RESOLUTION NO. 91 -87 (501 City Clerk Purcell presented the County Registrar's certification of the November 5th election, declaring the results and stating the election to a four-year term of office of Susan M. Brooks, Steven T. Kuykendall, and John McTaggart. Staff recommended adoption of the resolution. RESOLUTION NO. 91 -87 RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 5, 1991 DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS AS PROVIDED BY LAW was presented by title and adopted on motion of Councilman Hughes, seconded by Mayor Hinchliffe. The motion carried unanimously. SWEARING IN OF ELECTED COUNCILMEMBERS (501) City Clerk Purcell then administer the oath of office to newly elected Councilmembers Brooks, Kuykendall and reelected Councilmember John McTaggart. COUNCIL REORGANIZATION (306) Councilwoman Brooks moved, seconded by Councilman Ryan to appoint Councilman John McTaggart as Mayor. The motion carried unanimously. At this point Mayor McTaggart then presente office to outgoing council members Hughes thanked them for their service to the City of SELECTION OF MAYOR PRO TEM (306) Councilman Ryan moved, seconded by Mayor Councilwoman Brooks as Mayor Pro Tem. unanimously. RECESS AND RECONVENE d mementoes of their and H inch l i f f e and Rancho Palos Verdes. McTaggart to elect The motion carried The meeting then recessed to a closed session. At 7:30 P.M. the meeting reconvened. The City Attorney announced that a closed session had been held pursuant to Government Code Sec. 54956.9(a) and that the City Council discussed the following cases Vincent Yen, et al. v. the City of Rancho Palos Verdes, et al., Case No. YS 000915; Charles & Enrica Stuart, et al. v. Agency of the City of Rancho Palos Verdes, et al, Case No.. BC 018326; Henriksen v. the City of Rancho Palos Verdes, et al. Case No. SWC 113091; City of Los Angeles v. Spencer Chadwick, et al., Case No, C520461. APPROVAL OF AGENDA Councilman Ryan moved, seconded by Councilwoman Bacharach to approve the agenda as presented. The motion carried unanimously. APPROVAL OF CONSENT CALENDAR The item pertaining to CDBG funds was removed from the City Council agenda to be considered as part of the RDA agenda. Councilwoman Brooks moved, seconded by Councilman Ryan to approve the consent calendar as amended. The motion carried unanimously. 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. ORDINANCE NO. 2 7 5 (12 0 6) Adopted ORDINANCE NO.. 275 RELATING TO GRAFFITI REMOVAL AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. MUNICIPAL CODE REVISIONS TO CHAPTER 15.20 - RESOLUTION NO. 91 -88 (1103 X 1203 X 1801) Adopted RESOLUTION NO, 91 -88 CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL ASSESSMENT NO, 629 FOR AN AMENDMENT TO CHAPTER 15.20 OF THE MUNICIPAL CODE. 2 RESOLUTION NO. 91 -89 - REGISTER OF DEMANDS Adopted RESOLUTION NO. 91 -89 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. AMERICANS WITH DISABILITIES ACT (ADA) RESOLUTION NO. 91 -90 (1505) Adopted RESOLUTION NO. 91 -90 CERTIFYING THE CITY'S INTENTION TO PARTICIPATE IN THE LOS ANGELES COUNTY COORDINATED PARATRANSIT NETWORK. DEL CERRO STREET RECONSTRUCTION PROJECT (602 X 1204 X 1404) (1) Approved and accepted the work as completed. (2) Directed the City Clerk to file a Notice of Completion and record same and to notify the surety and principal to release the bonds. (3) Directed the Finance Officer to release the retention if no claims have been filed against the contractor. RECYCLING GRANT AWARD (1301) Awarded a $3,000 recycling grant to the Ridgegate East Homeowners Assoc. contingent upon final approval of the landscape and irrigation plan by the Environmental Services and Building and Safety Departments. The motion to approve the consent calendar carried on the following roll call vote: AYES: BROOKS, RYAN, KUYKENDALL, BACHARACH, AND MAYOR McTAGGART. PUBLIC HEARINGS: TRACT NO. 40640 (LUNADA POINTE) (1411) Mayor McTaggart opened up the public hearing on this application to amend Tract No. 40640 to remove the restricted use area designation from lot #12. The City Clerk announced that notice of this public hearing was duly published and no written protests were received by the City. Director Benard presented the staff memorandum of December 3rd and the recommendation to approve the tract amendment thereby allowing the "restricted use area" designation on lot 12 to be removed from the recorded map. Speaking on behalf of the property owner was Tim Burrell, 57 Marguerite Drive, who referenced his November 13, 1991 letter requesting this removal of the restricted area shown on lot 12 of DECEMBER 3, 1991 3 Tract 40640 as per. the map recorded in Book 1061 pages 15 -17 with the L.A. County Recorder. Mr. Burrell urged the Council to allow for removal of this designation. There being no response to the Mayor's request for additional public testimony he declared the hearing closed. Councilwoman Brooks moved, seconded by Councilman Ryan to approve the staff recommendation. The motion carried unanimously. TRACT NO. 37885 ( FORRESTAL) ( 1411) Mayor McTaggart opened the public hearing on this appeal to the Planning Commission's approval of 810,000 cubic yards of grading (cut and fill) for development of previously approved Tract No. 37885 and 1,500,0000 cubic yards of remedial grading (cut and fill) to correct specific geologic hazards on the site. The City Clerk reported that notice of this public hearing had been duly published and that all written protest letters had been forwarded to the City Council. Associate Planner Joel Rojas presented the staff memorandum which contained an overview of the background on this tract starting with the tract's approval in June of 1980 continuing through the most recent hearing before the Planning Commission on September 24, 1991 when the Commission certified the SEIR No. 16 and approved the Grading Permit No. 1390 with conditions. Mr. Rojas reported that the Planning Commission decision was appealed by the Seaview Homeowners Association on October 21, 1991. Continuing with the staff report, Mr. Rojas summarized the site and project description as a 42 lot residential planned development located at the southwestern portion of an irregularly shaped 163 acre site near the terminus of Forrestal Drive. Addressing the issue of remedial grading, staff reported that such grading was required to alleviate existing safety hazards associated with previous mining operations on the site. Continuing with the staff report Mr. Rojas described the three alternatives provided by the applicant which were presented to the Council on February 6, 1990 and reported that alternative a, which would trim 525,000 cubic yards of material from the upper slope of the steep quarry face along Forrestal Drive, was the alternative selected by the City Council based upon the City Geologist's comments regarding slope stability. Mr. Rojas concluded his report by stating that staff had carefully examined the key issue of geologic stability raised by the appeal DECEMBER 3, 1991 4 and determined that the cumulative grading is consistent with the conditions of approval for Tentative Tract No. 37885 and Conditional Use Permit No. 79, as well as with the City Council goals for slope stabilization on the site. Council discussion then focused on clarification of the formal comments from the Fish and Game Department relating to the mitigating monitoring program and if it complied with the Fish and Wildlife Act; if it was the City's intent to have a Mitigating Monitoring Program Committee; the make -up of that committee; and, how the costs of such a program were tracked. Representing the property owner J.M. Peters Co., was Paul Lukes, who gave a brief summary of the mining activity that took place in the project area and reported that the Company has done three quarters of a million dollars worth of geologic study on the property within the past three years. Al Esser, 71 Crest Road, speaking in favor of the project presented a prepared statement listing the conditions under which he felt this project should be approved, (Mr. Esser' s statement is on file with the City Clerk's Office.) The appellant in this matter, Sharon Solari, President of the Seaview Homeowners Assoc., 4145 Palos Verdes Dr. South, presented a prepared statement containing the issues that the Seaview residents requested be completely addressed prior to the approval of*the project. (Ms. Solari's statement is on file with the City Clerk's Office.) Lois Larue, 3136 Barkentine Rd., questioned the grading of the slope as reported in the staff report especially the area adjacent to the Klondike Canyon area. Angelika Brinkmann -Busi, President of the South Coast Chapter of the California Native Plant Society, 1354 Stonewood Court, San Pedro, presented a prepared statement containing that organization's concern about the final EIR for the remedial grading of the Forrestal Tract and the removal of the existing Crossosoma Californicum plants. (Ms. Brinkmann- Busi's statement in on file with the City Clerk's Office.) Jess Morton, 787 West 4th Street, San Pedro, presented a prepared statement expressing concerns about the proposed development of the Forrestal Tract because it was in an ecologically valuable land. (Mr. Morton's letter and publication "Hummin ", from the Palos Verdes /So. Bay Audubon Society is on file with the City Clerk's Office*) Representing the Seaview Homeowners Association was Uday K. Patil DECEMBER 3, 1991 5 who presented a prepared statement which contained his review of the available documents related to geotechnical engineering for the proposed project'. These comments focused on the data presented in the EIR, the migration of water, the issue of seepage, the adequacy of the monitoring plan, evaluation of potential weak layers in the strata, stability evaluations, estimated differential settlements, and the setback from the boundary of the Flying Triangle Landslide. (Mr. Patil's statement is on file with the City Clerk's Office,) J.J.D.McLaren, 3923 Palos Verdes Dr. South, questioned whether the grading would weaken the buttress of the Flying Triangle Landslide. Roger Mills, 3603 Vigilance Dr., also expressed concerns about this project. Council then focused their comments on the effects that the grading would have on the stability of the quarry area; whether the City Geologist could tell the amount of danger that really existed with this quarry area; how this grading corresponded with the General Plan insofar as it was alternating the land form in the area; what the range of alternatives were for the Council to consider; if the quarry could be left in its natural state; and , what the real geotechnical hazard was in Alternate A. Councilwoman Bacharach moved, seconded by Councilwoman Brooks and carried to continue this hearing to December 17th. RECESS AND RECONVENE At 8:50 P . M . the Mayor declared a recess. At 9 : 0 0 P . M . the meeting was reconvened. VACATION OF PALOS VERDES DR. EAST AT CORSINI PLACE (1408 X 1204) The Mayor opened the public hearing on this request to vacate a portion of unimproved property along the Palos Verdes Dr. East right -of -way adjacent to the property owned by Mr. & Mrs. Kennedy at 6400 Corsini Place. Assistant Director of Public Works Kevin Smith, presented the staff memorandum of December 3rd and the following recommendations. (1) Approve the conditions of vacation for vacating a portion of Palos Verdes Dr. East upon satisfaction of those conditions by the applicant. (2) Direct staff to return the resolution of vacation with the legal description on the January 7, 1992 agenda. Representing the applicant was their engineer Gary Wynn, 1852 Lomita Blvd., who told the Council that Mr . & Mrs. Kennedy accepted the conditions of approval. DECEMBER 3, 1991 C*l There being no further response to the Mayor's call for public testimony Councilwoman Bacharach moved, seconded by Councilman Ryan and carried to close the public hearing. Councilwoman Bacharach moved, seconded by Councilman Kuykendall to approve this vacation in concept and that the conditions and the description of the property be presented on the December 17th City Council agenda. ADOPTION OF THE CITY'S SOURCE REDUCTION AND RECYCLING ELEMENT (1301) Mayor McTaggart opened the public hearing on this State of California mandated adoption of a formal plan to reduce the amounts of solid waste being disposed at landfills. The City Clerk reported that notice had been duly published and no written protests had been received by the City. The staff report of December 3rd was presented by Public Works Director Catherine Reed who recommended that after receiving the public testimony the City Council close the hearing and adopt the proposed resolution related to the final SRRE for the City. Representing Resource Integration Systems Limited was Project Manager Jay Michael Huls, who responded to Council's inquiries regarding the amount of waste diverted to composting and the amount of composting that had actually taken place in the City. Council requested that Mr. Huls verify where and the amount of composting that was actually being done in the City. Council also requested clarification of Summary Table II and the footnote indicating a $1.75 per household per month increase in rate and requested that staff prepare an update on the Green Waste Project. It was the consensus that staff would present alternatives to the subcommittee for the conduct of this Green Waste Project. Council requested that the consultant use approximate number instead of exact numbers in the text of this report. Councilwoman Bacharach moved, seconded by Councilman Ryan and carried to continue this hearing to January 7, 1992. ADOPTION OF THE CITY'S HOUSEHOLD HAZARDOUS WASTE ELEMENT (HHWE) (1301) The Mayor opened up the public hearing on this State of California mandated adoption of a formal Household Hazardous Waste Element (HHWE) to identify and establish a plan for handling related waste from local jurisdictions. The City Clerk reported that notice had DECEMBER 3, 1991 7 been duly given. The staff report was presented by Public Works Director Catherine Reed, who recommended that the Council receive public testimony regarding this matter and continue this item to December 17, 199140 There being no response to the Mayor's call for public testimony, Councilwoman Bacharach moved, seconded by Councilman Kuykendall to continue the matter to January 7, 19929 It was the consensus that staff should issue a press release announcing that these documents are available for public inspection. A concern expressed by Council was whether the cost of this program would be covered by the fees charged. It was the consensus that staff should review and verify these fees to see if amendments are necessary because of the change guideline and the resulting increase in cost. AUDIENCE QUESTIONS Lawrence Baker Jr., 10 Paseo De Pino, referred to his letter of December 2, 1991 which summarized the problems encountered at the entrance to Tract No. 33206 because a gate was not permitted to be installed. He said that people are simply driving through the entrance without stopping at the guardhouse. He requested that Council reconsider the conditions of the Conditional Use Permit No. 31, Revision "A ". Mr. Baker was instructed to file an application to amend the conditions of the CUP. This application would then be presented to the Planning Commission and to the City Council. Chris Manning, 14 Crest Rd., West Rolling Hills, and owning property at 29438 Quailwood Drive, suggested that the Council consider the use of volunteers to study the interdisciplinary features of the moratorium area. He presented the Council with an excerpt from a textbook entitled "Geological Hazards" by Bolt, Horn, McDonald and Scott and named some citizens in the community who would be willing to make their services available to the City to help solve some of the cost problems. Richard Bara, #1 Peppertree Drive, inquired about the schedule for establishing a moratorium on the Coastal Ridge and Highland area. He recommended a zoning of RSA - 5 and suggested that a citizens committee be formed to do some of the preliminary study of this rezoning. Staff was requested to agendize this item for a City Council meeting Lois Larue, 3136 Barkentine Rd., inquired when the tape of the November 23rd Geology Workshop would be aired again on Cable DECEMBER 3, 1991 8 Television. MUNICIPAL CODE REVISIONS TO CHAPTER 15.20 (MORATORIUM OF LAND USE PERMIT) - ORDINANCE NO. 276 (1103 X 1203 X 1801) The staff report was presented by Project Planner Nancy Hutar, , who recommended that Council adopt the proposed Ordinance amending Chapter 15.20 of the Municipal Code. ORDINANCE NO. 276 ADOPTING AN AMENDMENT TO CHAPTER 15.20 OF THE MUNICIPAL CODE was presented by title an introduced on motion of Councilwoman Bacharach, seconded by Councilman Ryan. The motion carried unanimously. MUNICIPAL CODE REVISIONS (TITLE 17) (1103 X 1203 X 1801) Project Planner Nancy .Hutar, presented the December 3rd staff memorandum and the recommendation to provide direction to staff regarding the proposed revisions to Title 17 of the Municipal Code. Summarizing the background on the action taken to date on this matter, Ms. Hutar said that at the November 6th City Council meeting Council adopted Resolution No. 91 -80 Certifying the Negative Declaration and introduced for first reading Ordinance No. 272, implementing certain provisions of the Subdivision Map Act; Ordinance No. 273, moving the dumping provisions from title 17 to Title 8; and, Ordinance No. 274, regarding the revisions and addition of certain definitions in titles 1,2, and 6. The Council then decided to continue discussion of the proposed revisions to title 17. Council discussed the suggestions made by the Rolling Hills Board of Realtors in their November 11, 1991 letter regarding the installation of only one directional or lead -in sign per direction; that the time for posting such signs be changed to 12 Noon; and, that the color of the signs be brown and gold. Additionally Council went on to discuss the possibility of reviewing the side yard and front yard setbacks relating to RPD' s, and grandfathering in some tracts and neighborhoods. Concern was expressed that the issue of percentage of lot coverage be also reviewed. Councilwoman Bacharach moved, seconded by Councilman Ryan and carried to adopt the Title 17 of the Municipal Code except for the following sections: 17.02, 17.04, 17.769020, 17.32, 17.60, 17.74, and to include the changes recommended by the Rolling Hills Board of Realtors pertaining to color, number of sign and time of placement. Ed Kennedy, 2713 Vista Mesa Drive, representing the E1 Prado Homeowners Assoc., requested that the Council consider re- instating DECEMBER 3, 1991 the prohibition of certain uses in Open Space Hazard zones as outlined in Section 17.60.020 and suggested that these areas be left undeveloped. He suggested that the Council see if they wanted to change open space hazard zones throughout the City and not just in the moratorium area. Michael Mohler, 25200 La Paz, Laguna Hills, representing Palos Verdes Properties, said that he hoped to have an RPD project before the Council next year and requested that he be allowed to participate with staff in discussion of this matter., It was the consensus that this item be continued to January 7, 1992. PROJECTED REVENUE SHORTFALL - FIVE YEAR PROJECTIONS (602) City Manager Bussey presented the staff memorandum dated November 27, 1991 and the following recommendations: (1) Direct staff to bring back proposed budget cuts for the remainder of the 1991 -92 fiscal year. (2) Direct staff to begin preparing the necessary schedule and documents for an April 1992 tax election. (3) direct staff to place an item on the next Council Agenda to discuss the type and amount of tax to be placed on the ballot. (4) Adopt a Council Policy that any new or expanded City program have an identified funding source or equivalent reduction in the existing City Budget. (5) Consider appointing a citizens' committee to assist City Council and staff in analyzing the long term needs of the City. Council then inquired when the fee study would be presented to the Council; whether there were any startling revelations in the preparation of the fee study; why the revenue assumptions indicated no growth in revenues anticipated from Building and Safety yet a 12% increase was anticipated in engineering services; the cost for holding a special election versus a consolidated election in June; the status of a law suit on Senate Bill No. 76; the fact that the Council would want to take a proactive part in a suit filed on this Senate Bill; the date of the adoption for a resolution in calling the election; and, whether all of the information necessary was available to make a decision on the kind of question to be placed on the ballot for the special election. Council briefly discussed the possibility of holding a retreat to discuss some of the budget matters and the reason for holding an election in June versus April. J.J.D. McLaren, 3923 Palos Verdes Dr. South, recommended formation of a Citizens Committee to develop new ideas and new techniques for solving problems. Councilwoman Bacharach moved, seconded by Councilman Kuykendall to DECEMBER 3, 1991 10 adopt staff recommendations 1 through 4 and that the Citizens Committee be considered in January or whenever it was appropriate. The motion carried unanimously. It was the consensus that item No. 1 would be brought back at the December 17th Council meeting. COMMISSION AND COMMITTEE APPLICANTS - SCHEDULE OF INTERVIEWS AND EMERGENCY APPOINTMENT TO THE PLANNING COMMISSION (106 X 1203) The City Clerk presented the December 3rd memorandum and the recommendation that in light of the City's receipt of approximately 50 applications from residents interested in serving on the City's various committees and commission that the City Council set a date to interview the candidates for the Planning Commission and a date and time to interview the remainder of the candidates. Council discussed the pros and cons of a two year versus four year term of office on the Planning Commission and on other committees; whether the resignations of specific members of the Planning Commission should be accepted at the meeting; and, the effects this would have on the Planning Commission meeting scheduled for December 10, 19910 Councilwoman Brooks moved, seconded by Councilman Ryan to accept the immediate resignation of Planning Commissioners McNulty, Von Hagen and Hotchkiss. Bill Gilmore, representing HMDI Inc., inquired about the effects that this would have on his application which was scheduled to come before the Planning Commission on December 10th. The motion carried on the following roll call vote: AYES: BROOKS, RYAN, KUYKENDALL, AND MAYOR McTAGGART NOES: BACHARACH It was the consensus to hold a meeting on December 10th at 6:00 P.M. at Hesse Park to interview the Planning Commission candidates and to discuss the composition of the Planning Commission. Councilwoman Bacharach moved, seconded by Councilman Kuykendall that staff prepare an estimate on the cost of a Planning Commissioner. Motion carried. CONCOURSE D'ELEGANCE - (1201) Director Mary Thomas presented the staff memorandum of December 3rd and the recommendation that the City Council support the Consours DECEMBER 3, 1991 11 D'Elegance and authorize the use of the Portuguese Bend Fields April 3 -6, 1992. Councilwoman Bacharach moved, seconded by Councilwoman Brooks to adopt the staff recommendation. The motion carried unanimously. APPOINTMENT OF COUNCIL DELEGATES TO OUTSIDE ORGANIZATIONS WITH (306) With Council concurrence, Mayor McTaggart appointed himself and Mayor Pro Tem Brooks to be the delegate and alternate respectively to the City Selection Committee, the League of California Cities, and the Sanitation District. CITY COUNCIL MEETING - SCHEDULING (307) Mayor McTaggart presented his memorandum which recommended that the Council consider starting their meetings at 7:00 P.M. instead of 7:30 P.M. and that closed sessions be started at 6:00 P.M. Additionally, he suggested that if items come on the agenda after 11:00 P.M. that they be addressed at a meeting scheduled for the following Monday. Council then deliberated upon a policy whereby people wishing to speak during public hearings would have to present their request to speak prior to the completion of remarks by the first speaker on the item. Conclusively, it was the consensus that a policy to start the meetings at 7:00 P.M. be implemented; that no action be taken relative to continuing the meetings to the following Mondays; that the agenda instructions be modified to require early submittal of request to speak forms; and, that it be announced at the next several City Council meetings so people would be aware of it. MCBRIDE TRAIL (701) Councilwoman Bacharach reported that Mr. John McBride, who had been maintaining this trail, was moving from the City. She requested that staff prepare a press release requesting that somebody "adopt a trail" . It was the consensus that a proclamation be prepared for presentation to Mr. McBride at an upcoming City Council meeting. PUBLIC WORKS STAFFING (1204) The City Manager presented the November 27, 1991 staff memorandum and the recommendation to authorize him to recruit and initially hire a full time City Public Works Director, Secretary and Administrative Assistant. Speaking to this item was George Wentz, Sr. Vice President of Charles Abbott Associates, 6866 Verde Ridge Road, who told the DECEMBER 3, 1991 12 Council that he has spent a lot of time evaluating the cost of services for this City compared with ten other cities that have in- house or contract for County services. He found that Rancho Palos Verdes provides service at the lowest price per capita of these cities and said that it was important to look at the overall cost of the program and not just an isolated portion of it. He said that the Abbott employees attend a lot of meetings and do not bill the City for their attendance. That they provide 24 hour per day response, that Abbott employees attend professional conferences and that if a particular individual in the firm does not have a specific skill then it can be that can be provided by another person in the firm who does have the skill. He cited these as being the benefits in contracting with his firm. Council then briefly discussed the salary range for a City employee Public Works Director. Councilwoman Brooks moved, seconded by Councilman Ryan to adopt the staff recommendation. The motion carried unanimously. RATE INCREASE /CONTRACT AMENDMENT - CHARLES ABBOTT ASSOCIATES (1204) The City Manager presented the December 3rd staff memorandum and recommendation that staff be authorized to prepare and that the Mayor and City Clerk authorize to execute amendments to contracts with Charles Abbott Associates ( for Public Works Management and engineering Services, and for Building and Safety Services, to: (a) Provide for revised billing rates as shown on the schedule; (b) For the Building and Safety contract, to provide for a maximum thirty six month carry over of fees collected for purposes of calculating the "cap" on charges as a percentage of fees collected; and (c) Amend contract language to clarify that City may pursue providing any of the public works services with City employees. Council then inquired whether this rate increase was within budget; the number of hours billed by the principal for the last fiscal year; if this was consistent with what was expected for the present year; and, the billing to the trust deposits for Charles Abbott. Representing Charles Abbott Associates, was George Wentz, who said that this rate increase was part of the budget. Councilman Kuykendall moved, seconded by Councilman Ryan to (1) Authorize staff to negotiate an amendment to the contract with Charles Abbott Assoc. for Public Works Management and Engineering Services, and for Building and Safety. (2) Approve a change to the Building and Safety Contracts to provide for a maximum thirty - six month carry -over of fees collected for purposes of calculating the "cap" on charges as a percentage of fees collected; (3) Amend the contract language to clarify that the City may pursue providing DECEMBER 3, 1991 13 any of the Public Works services with the City employees; and, (4) rejected the rate increase. The motion carried on the following roll call vote: AYES: BROOKS, RYAN, KUYKENDALL, AND MAYOR McTAGGART NOES: BACHARACH ADJOURNMENT: At 12:30 A.M. the meeting adjourned to 6:00 P.M. on December 10th for a Council meeting to interview the Planning Commission applicants. Said meeting to be held at Hesse Park. EST: CITY;CLERK 12391,MIN 14 DECEMBER 3, 1991