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CC MINS 19940906M I N U T E S REGULAR MEETING RANCHO PALOS VERDES CITY COUNCIL SEPTEMBER 61 1994 . The meeting was called to order at 6:30 P.M. at the Hesse Park Community Center, 29301 Hawthorne Boulevard, by Mayor Kuykendall and immediately recessed to a Closed session per the closed session agenda checklist. The meeting was reconvened at 7:00 P.M. by the Mayor and following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL ABSENT: NONE Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, Planning Administrator Carolynn Petru, Public Works Director Trent Pulliam, Associate Planner Donna Jerex, Senior Planner Joel Rojas, City Clerk Jo Purcell and City Attorney Carol Lynch. CEREMONIAL EVENT: (304 x 1101) Mayor Kuykendall presented a proclamation to Jeannette Mucha in recognition of her many achievements and contributions to the Palos Verdes Peninsula. APPROVAL OF AGENDA: City Clerk Purcell announced that the Starline Drive item had been removed from the agenda at the request of staff and would be placed on a later agenda. Councilwoman Brooks moved, seconded by Councilman McTaggart, to approve the agenda as amended. Motion carried. APPROVAL OF CONSENT CALENDAR: Councilman Byrd moved, seconded by Councilwoman Brooks, to approve the Consent Calendar as follows: WAIVER OF FULL READING: Adopted a motion waiving reading in full of all ordinances and resolutions adopted at this meeting with consent to the waiver of reading deemed to be given by all councilmembers after the reading of the title. MINUTES ( 301) APPROVED THE MINUTES OF AUGUST 16, 1994. CALIFORNIA CONTRACT CITIES ASSOCIATION - BY -LAWS CHANGE (301 x "306 x 1101) (1) APPROVED THE BY -LAWS COMMITTEE RECOMMENDATION THAT ALL ELECTED OFFICERS AND COMMITTEE CHAIRPERSONS INCLUDING THE IMMEDIATE PAST PRESIDENT BE ELECTED OFFICIALS. (2) AUTHORIZED THE CITY'S REPRESENTATIVES TO THE ASSOCIATION (COUNCILMEMBERS McTAGGART AND BROOKS) TO VOTE IN FAVOR OF THIS AMENDMENT AT THE SEPTEMBER 21 MEETING, LEASE AGREEMENT WITH SO. CALIF. EDISON (605 x 1203) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE THE BUILDING LEASE AGREEMENT WITH THE SOUTHERN CALIFORNIA EDISON COMPANY. NOTICE OF COMPLETION - STREET RESURFACING - SULLY - MILLER CONTRACTING (STARLINE, PARKHURST & NEWRIDGE DR.) 1204 X 1404 REMOVED FROM THE AGENDA. CITY COUNCIL POLICY MANUAL (306 X 1101) ADOPTED POLICY NO. 26 REGARDING THE SUBMITTAL OF ORIGINAL DOCUMENTS FOR CONSIDERATION BY THE CITY COUNCIL AND COMMITTEES AND COMMISSIONS. COMMISSION ATTENDANCE AT CONFERENCE (1203) ADOPTED RESOL, NO, 94 -68 APPROVING AN APPROPRIATION INCREASE OF $250 TO PROVIDE FOR THE PLANNING COMMISSION CHAIRMAN'S ATTENDANCE AT THE LEAGUE OF CALIFORNIA CITIES CONFERENCE IN OCTOBER. PROPOSITION NO. 188: SMOKING REGULATION BALLOT MEASURE (306 X 1101) AUTHORIZED THE MAYOR TO WRITE A LETTER TO THE AMERICAN CANCER SOCIETY EXPRESSING THE CITY'S OPPOSITION TO STATEWIDE BALLOT INITIATIVE STATUTE PROPOSITION NO. 188 (DIAMOND, MARET- FAHRENHOLZ). OPPOSITION TO THE FEDERAL IMPLEMENTATION PLAN ( 310 X 1101) AUTHORIZED THE MAYOR TO WRITE A LETTER TO THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY EXPRESSING THE CITY'S OPPOSITION TO THE DRAFT FEDERAL IMPLEMENTATION PLAN AS RELEASED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. CONTRACT AWARD - NATIONAL POLLUTION DISCHARGE ELIMINATION PROGRAM (1204 X 1402) (1) AWARDED A CONTRACT WITH AN OPTION TO EXPAND OR EXTEND THE SERVICES TO BSI CONSULTANTS, INC. FOR THE NATIONAL POLLUTION DISCHARGE IMPLEMENTATION PROGRAM MANAGEMENT AND TECHNICAL ASSISTANCE SERVICES. (2) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BSI TO PROVIDE CONSULTANT SERVICES AT A NOT - TO- EXCEED FIXED FEE OF $21,456, PLUS AUTHORIZED STAFF TO SPEND UP TO $6,544 CONTINGENCY FOR A TOTAL OF $28,000; AND INCLUDE PROVISIONS FOR EXTENDING THE CONTRACT FOR ADDITIONAL WORK. (3) ADOPTED RESOL. NO, 94 -69 AMENDING RESOLUTION NO. 94 -47, THE APPROPRIATION BUDGET FOR FISCAL YEAR 1994 -95, FOR A BUDGET ADJUSTMENT TO THE GENERAL FUND. RESOL. N09 94 -70 - REGISTER OF DEMANDS (602) ADOPTED RESOL, NO, 94 -700 The motion to approve the Consent Calendar carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE ABSENT: NONE ABSTAIN: LYON (ONLY ON THE MINUTES OF AUGUST 16, 1994) City Council Minutes September 6, 1994 Page 2 REVISIONS TO THE OCEAN TRAILS TENTATIVE TRACT MAP NOS. 50666 & 50667, ET AL. (701 X 1203) Mayor Kuykendall opened the public hearing on*this application to make several modifications to the approved project. The City Clerk reported that notice of the public hearing had been duly published and that all protest letters had been included in the agenda package; letters received after delivery of the agenda to the Council were distributed just prior to the meeting. (Mayor Pro Tem Byrd recused himself from discussion of this matter.) With the use of a map entitled "Final Tract Site Plan" Planning Administrator Petru summarized the approval process for this project which was approved by the City Council in December 1992 and subsequently by the Coastal Commission in April 1993. Then, to include the provisions for affordable housing, the project was revised by the Council in October 1993. This proposed revision constituted the third revision to the project and encompassed the following: additional geologic studies which resulted in relocation of the clubhouse, the loss of five single family lots, location of the maintenance facility and affordable housing complex and relocation of several public trails. Continuing with her report, Ms. Petru stated that conditions required by the Coastal Commission resulted in addition of the following: Portuguese Bend Fire Break, a 25 foot Wildlife Bluff Top Corridor, four trails down the bluff face and handicapped access down to the shoreline via the San Pedro Trail. Ms. Petru then described the reasons why an Addendum EIR was prepared rather than a Supplemental EIR: there was no change in traffic impacts since the clubhouse was at the corner of P.V.Dr. So. and Forrestal Drive in Draft EIR No. 36; and, no changes were found in the biological impacts with the re- discovery of the P.V. blue butterfly because the foodplant is protected in Supplemental EIR No. 36. Continuing with her report, she stated that a Coastal Permit Revision was not required since the Coastal Permit was now vested with the Coastal Commission. With regard to controversial issues discussed by the Planning Commission, Ms. Petru described them as follows: Location of the clubhouse and the visual connection between Paseo Del Mar and Half Way Point Park. The potential view impairment caused by the increase in the height of the clubhouse, 30 to 60 feet below the ridgelines of the approved homes parallel to P.V.D.S. The latter concern being resolved by instituting a prohibition against amendments to the C.U.P. to increase ridge heights and the requirement for covenants to fix the ridge heights and graded pad elevations. The substitution of the pedestrian trail at Mariposa Lily Point with a loop trail around Half Way Point Park. The substitution for the handicapped access requirement down the San Pedro Trail with a handicapped trail east of the Park (the developer has requested that it go west). Orientation of the golf course maintenance building. Relocation of the public parking area at the end of La Rotonda Drive and the addition of a public restroom. City Council Minutes September 6, 1994 Page 3 Representing the property owner was Michael Mohler, 25200 La Paz, Suite 210, Laguna Hills, who expressed agreement with most of the points covered in the staff report and focused on the following: the number of units had been reduced from 83 to 75, the more than adequate public parking spaces provided for the project, the fact that the view covenants settled the issue of view impairment, and specifically, that it was their intent to establish the facilities adjacent to the Halfway Point Park to serve as a community asset rather than just a golf club house. Continuing with his presentation, Mr. Mohler stated that they would like to see the Mariposa trail deleted, however, that would be subject to approval by the Coastal Commission. Further, he stated that the trails would be accessible to the handicapped except for those between holes 10 and 12. Additionally, he cited the protected area for food source for the blue butterfly. Lastly, he requested that the City issue its Notice of Determination as quickly as possible and to forward the public record to the Coastal Commission promptly. With regard to the turnout on the landward side of Palos Verdes Drive South, it was his opinion that this was a safety problem because of the potential for people jaywalking across the Drive to the views and trails on the seaward side. Speaking in favor of this project was Robert Agli, President of the Ocean Terrace Condominium, 3200 La Rotonda Drive, who read from his September 5, 1994 letter which stated that organization's agreement with the project except for the proposed location of the parking area in front of their building. (Mr. Agli's letter is on file with the City Clerk's Office.) Mrs. Dorothy Karf s, 3200 La Rotonda Drive, stated that the parking structure is closer than they would prefer, however they felt that the project would improve the area in many ways. To prevent people from using the grass area around their building, she suggested installation of fence. She said this project would eliminate the traffic problems they have long experienced along Paseo Del Mar. Representing the Sierra Club, the Native Plant Society, SOC and Mr. Andrew Sargeant, was their attorney Frank Angel, who stated that they still stood by their objections as listed in the August 9, 1994 letter presented the Planning Commission wherein they recommended that a supplemental EIR be prepared for the project instead of an Addendum EIR. Additionally, that they stood on all the positions taken on December 7, 1992 and referred to the additional documents previously submitted to the City. He questioned the adequacy of removing three of the houses, and said that they wanted a significantly different use and different concept of the architecture considered central to the project. He questioned removal of certain access trails and why no coastal permit revision was required, especially for the club house. He felt that the changes such as the addition of the golf course maintenance facility should be examined through the EIR process. Kay Bara, 1 Peppertree, speaking for the Coastal Conservation Coalition said that the plan calls for 100 feet of bluff top corridor but that they would like to see 300 ft. instead. She questioned why the trails had not appeared on the tract maps. With regard to the location of the bluff edge, she suggested that it be surveyed and marked and that the Coastal Commission be present when that occurs. Lois Larue, 3136 Barkentine, spoke in opposition to the project. Chris Stavros, 28612 Stokowski, cited the Pelican Bay Golf Course in Orange County that has been contaminated with toxins from golf course runoff and was concerned that the same would happen as a result of this project. City Council Minutes September 6, 1994 Page 4 Richard Bara, 1 Peppertree, urged the Council to vote no on the project because he felt it was incomplete because the adjacent school property would affect the final design of the project if and when the property is added to the project. He felt that the 25 ft. blufftop corridor between the West Bluff Preserve and Half Way Point Park should be increased to 50 ft. RECESS & RECONVENE: At 8:25 P.M. Mayor Kuykendall declared a recess. The meeting reconvened at 8:40 P.M. Speaking in rebuttal was Mike Mohler who said he appreciated the comments from the residents of Ocean Terraces and that, with regard to Mr. Angel's comments, the Supplemental EIR #36 did refer to the location of the clubhouse in its approximate location and that the traffic and other impacts from the club house at this location were previously considered by the City Council. Additionally, it was judged by the trial court to be sufficient as an information documents. With regard to the handicapped trail, that the only change is in the gradient of that trail. Concerning the bluff top, it is the 100 ft. minimum established by the Coastal Commission and that the hiking and biking trails will be on the final tract maps when approved by the Commission. With regard to the Pelican Bay Golf Course referenced by Mr. Stavros, he said that area had been tainted for 20 to 25 years by runoff from backyards and an old dump site located upslope from the property. He then proceeded to explain how toxins will be distilled out of the runoff from the proposed golf course. With regard to the inquiry about pad heights, staff commented that pad heights and elevations would be recorded into the title reports for each parcel through the required covenants mentioned earlier. Councilwoman Brooks moved, seconded by Councilwoman Lyon to approve the staff recommendation with the addition of the alternative handicapped accessible trail as suggested by the landowner and taking the parking out of the rest stop located on the landward side of Paseo del Mar. Council then proceeded to act on the following resolutions which had been amended by the City Attorney and staff to amplify the City's findings regarding the Addendum EIR and clarify several conditions of approval. Mayor Kuykendall moved, seconded by Councilwoman Brooks to adopt as amended RESOL. NO. 94 -71 ADOPTING ADDENDUM NO. 3 FOR ENVIRONMENTAL IMPACT REPORT NO. 36. Motion carried. Councilman McTaggart moved, seconded by Council woman Brooks to adopt as amended RESOL. NO. 94 -72 APPROVING REVISIONS TO VESTING TENTATIVE TRACT MAP NO. 50666. Motion carried. Mayor Kuykendall moved, seconded by Councilman McTaggart to adopt as amended RESOL. NO, 94 -73 APPROVING REVISIONS TO VESTING TENTATIVE TRACT MAP NO. 50667. Motion carried. Councilman McTaggart moved, seconded by Councilwoman Brooks to adopt as amended RESOL. NO. 94 -74 UPHOLDING THE APPEAL, THEREBY APPROVING REVISIONS TO CONDITIONAL USE PERMIT NO. 162 (RESIDENTIAL PLANNED DEVELOPMENT). Motion carried. Councilman McTaggart moved, seconded by Councilwoman Lyon to adopt as amended RESOL. NO. 94 -75 REVISIONS TO CONDITIONAL USE PERMIT NO. 163 (GOLF COURSE). Motion carried. Councilwoman Brooks moved, seconded by Councilman McTaggart to adopt as amended RESOL. NO, 94 -76 UPHOLDING THE APPEAL, THEREBY APPROVING REVISIONS TO GRADING PERMIT NO, 1541. Motion carried. City Council Minutes September 6, 1994 Page 5 Mayor Kuykendall moved, seconded by Councilman McTaggart, to adopt as amended RESOL. NO, 94 -77 UPHOLDING THE APPEAL, THEREBY APPROVING VARIANCE NO. 380. Motion carried. (With the conclusion of discussion on Ocean Trails, Mayor Pro Tem Byrd returned to the meeting.) VARIANCE NO. 367 APPEAL & GRADING PERMIT NO. 1714 APPEAL (1203 X 1804) Mayor Kuykendall opened the public hearing on this matter and the City Clerk reported that notice had been duly published and that all written protests had been distributed to Council. The Mayor then explained that because the changes to this project were significant that the staff recommendation was to remand the project to the Planning Commission and that under the circumstances it was not appropriate for the Council to hold a public hearing on the revised project until after consideration by the Planning Commission. Representing the applicant was their architect Guillermo Groisman, Newhall, who stated that indeed the project had been revised since presented to the Planning Commission. City Attorney Lynch opined that the matter could be sent back to the Commission for further review and that the Council had the option to not hold a public hearing at this time; or, the Council could listen to Mr. Groisman's presentation about the revised project, take public testimony and take action on this new project. Lastly, the Council had the option to deny the appeal and direct the applicant to start the application process all over again. Councilwoman Brooks moved, seconded by Councilwoman Lyon to remand the matter to the Planning Commission and not hold a public hearing. Motion carried. It was the consensus that staff would meet with the applicant to clarify the process. Additionally, it was agreed to hold the public hearing when one of the neighbors, Mr. Steward Widoff, was in town. Councilman McTaggart moved, seconded by Councilwoman Lyon to close the public hearing. Motion carried. CODE AMENDMENT CHAPTER 15.20 MORATORIUM ON LAND USE PERMITS (1243 X 1801) Mayor Kuykendall opened the public hearing clarifying the requirement for septic tanks. City Clerk Purcell reported that notice had been duly published with no written protests received by the City. Associate Planner Donna Jerex presented a summary of the September 6 staff report stating that this hearing was a result of direction received from the Council in May 1994 at which time staff apprised the Council of certain inconsistencies discovered while working with applicants who sought to improve their homes within the Landslide Moratorium Area. In response to the Draft Negative Declaration which was circulated for 21 days in August for these Code revisions, staff received comments from concerned parties who indicated that the proposed language was still unclear. Since the intent of the revisions was to clarify the language, Staff was recommending that further revisions be made and the document be re- circulated. This would resolve any confusion within the language and also allow Staff to expand its City Council Minutes September 6, 1994 Page 6 environmental analysis to clearly demonstrate that the proposed changes will not result in the weakening of any significant environmental mitigation measures. Continuing with her report, Ms. Jerex said that this public hearing presented Staff with the opportunity to further discuss the issue of requiring that septic systems be replaced with holding tanks at the time additions are made within the moratorium area. In response to Council's direction last May, she reported that staff met with the City's geotechnical expert Dr. Perry Ehlig, as well as Charles Abbott of Charles Abbott Associates to discuss options. Mr. Abbott felt that holding tanks should be required for all properties located within the moratorium area. This is consistent with the current language of the Code, which states that holding tanks are required as a condition of building permit issuance. Since a building permit is required for something as minor as a new garbage disposal or sink, Staff felt that a better definition of "building permit" was needed. One suggestion was to require holding tanks for improvements which include the addition of living space or square footage. In order to more fairly impose the holding tank requirement, Staff was seeking specific direction from the Council to define the level of building permit which should trigger the holding tank requirement. Ms. Jerex reported that Dr. Ehlig had stated he felt certain areas identified by him as "Zone 2" within the upper Abalone Cove slide area would be well served by current and proposed dewatering wells as well as proposed sewers. Therefore, he did not feel that holding tanks should be required in this area. She requested Council's reaction to Dr. Ehlig's recommendation so this option could be analyzed. Based on these concerns, staff recommended that the Code language be revised both for clarif ication purposes and to implement the Council' s direction regarding the holding tank requirement. Ms. Jerex concluded her report by stating that it was anticipated that the re- circulation of the Draft Negative Declaration and analysis could occur in time for the November 1, 1994 Council hearing. Kathy Snell, 8 Vanderlip Lane, stated her objection to requiring holding tanks especially since a sewer system was planned for the area. Al Edgerton, 59 Oceanaire Drive, also questioned the requirement for holding tanks and suggested that Council consider such a requirement only when there is a material increase in water usage. Dennis Jaconi, 133 Sea Urchin Lane, explained that he got a building permit in November and has met all of the conditions of the permit and was told just recently that he would have to install a holding tank. He stated his opposition to such a requirement. Staff clarified that the requirement for a holding tank was not new: confusion arose when an exception was made by the Council several years ago because some people had not been informed of this existing requirement. Council discussion then clarified that upon the adoption of the proposed staff recommendation this matter would be returned to Council with options for modifying what would trigger the requirement for a holding tank. In the meantime, however, the existing code would remain in force. Councilwoman Lyon moved, seconded by Mayor Kuykendall to adopt the staff recommendation. Motion carried. PV DR. EAST ADJACENT TO VIA FRASCATI - REQUEST FOR VACATION OF EXCESS RIGHT -OF -WAY (1204 X 1408) City Council Minutes September 6, 1994 Page 7 Mayor Kuykendall opened the public hearing on this proposed vacation of a portion of excess City right -of -way along Palos Verdes Drive East adjacent to a property located at 4301 Via Frascati and across from Corsini Place. City Clerk Purcell reported that notice of the public hearing had been duly published and that no written protests had been received by the City. Staff recommendation on this matter was to open and conduct a public hearing and adopt the proposed resolution vacating the City's interest in an excess right -of- way located on the northeast side of Palos Verdes Drive East at Corsini Place. Councilwoman Brooks moved, seconded by Councilman McTaggart to waive reading of the staff report. Motion carried. There being no response to the Mayor's call for public testimony, he ordered that the public hearing be closed. Councilwoman Brooks moved, seconded by Councilman McTaggart to adopt RESOL. NO. 94 -78 VACATING THE CITY'S INTEREST IN AN EXCESS RIGHT -OF -WAY LOCATED ON THE NORTHEAST SIDE OF PALOS VERDES DRIVE EAST AT CORSINI PLACE. Motion carried. ORDINANCE NO. 301 - PROHIBITING NUDITY IN PUBLIC PLACES (1201 X 1101 X 1103 X 1206) City Manager Bussey presented the staff report of September 6 and the recommendation to INTRODUCED ORDINANCE NO. 301 PROHIBITING NUDITY IN PUBLIC PLACES AND AMENDING THE RANCHO PALOS VERDES MUN I C I PAL CODE. ( 2 ) DIRECT THE RE C . & PARK COMMITTEE TO STUDY THE ACCESSIBILITY AND CONDITION OF BOTH ABALONE COVE AND SACRED COVE BEACHES. Speaking in favor of adopting the ordinance were the following individuals: Dave Ruth, 40 Cinnamon Lane; Bill Ruth, 4 Thyme Place; Helen Coffey, 6828 Vallon Drive; Mary Jane Bloomingdale, 16 Martingale Drive; Sue Kersey, 32315 Forrestal Drive; Alwien M. Dierl, 28689 Roan Road; Earl Casler, 3324 Narino Drive; Bob Lusian, 32735 Seagate Drive; June Fawell, 17 Bronco Drive; Katie Pilot, 8 Vanderlip Drive; and, Kathy Snell, 8 Vanderlip Drive. The concerns of these speakers focused on the lewd behavior occurring at and around the Abalone Cove beach area and how that in essence prevented the use of the beach by them and other families. Speaking against adoption of the ordinance were the following individuals: Dennis Roper, 1573 W. 216th Street; Raymond Green, 3200 La Rotonda Drive; Harris Wainbuch; and, Lois Larue, 3136 Barkentine. These speakers defended the continuation of nude sunbathing and emphasized that the lewd activity was a separate law enforcement issue. Councilman McTaggart moved, seconded by Councilwoman Brooks to INTRODUCE ORDINANCE NO. 301 PROHIBITING NUDITY IN PUBLIC PLACES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. The motion carried on the following roll call vote. AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE ABSTAIN: NONE Continuing with discussion of the beach, Council emphasized the necessity of protecting the rights of all those who want to use the beach and not just one segment of the population. Also, it was felt that even though nudity has been allowed at the beach for some time, it was obvious that the atmosphere had changed, thus necessitating the adoption of this ordinance. City Council Minutes September 6, 1994 Page 8 Councilman Byrd moved, seconded by Councilwoman Brooks to direct the Recreation & Parks Committee to study improving accessibility and acceptability of both beaches in the Abalone Cove area. Motion carried. RECESS & RECONVENE At 11:00 P.M. Mayor Kuykendall declared a recess. The meeting reconvened at 11:05 P.M. BEACH CURFEW (1201 X 1101) . Lacking certain information from the Sheriff it was the consensus of Council to continue this matter until that information becomes available. DEVELOPMENT CODE REVISION ISSUES (1801 X 1203) Senior Planner Joel Rojas presented the staff report of September 6, 1994 and the recommendation to review the outstanding Development Code Revisions issued that have been identified by the Planning Commission and provide the direction. The issues identified were as follows: 1) Whether all Height Variations, or just Height Variations involving additions over a pre- determined square footage, should be automatically reviewed by the Commission (i.e., abrogating Staff level decisions). 2) Whether all development applications involving over 200 square feet of additional area, or any other pre - determined square footage limit, should be automatically reviewed by the Commission. 3) Whether residential developments which have had a previous building envelope approved by either the Planning Commission or City Council should be prohibited from qualifying for any future Staff level Minor Exception Permits,, 4) Whether there should be stricter restrictions on the number of horses or large domestic animals that may be kept per parcel in Equestrian Overlay Zones. Speaking to the issue of the restrictions on the number of horses per parcel were the following individuals: Kathy Snell, 8 Vanderlip Drive; Kay and Richard Bara, 1 Peppertree Drive; Pamela Turner, 5700 Ravenspur, Roy Rawlings, 29614 Grandpoint; and, Hirsch Marantz, 2 Pony Lane. These speakers generally spoke in opposition to the proposal to limit the number of horses on lots and questioned if the intent was really to reduce the horse population. Additionally, they felt such a proposal would legislate out of existence the reason why people chose to live in this semi -rural area and was discriminatory to owners of multiple abutting lots. Councilman McTaggart moved, seconded by Councilwoman Brooks to leave unchanged No. 1, the existing code language involving Height Variations. Motion carried. Councilman McTaggart moved, seconded by Councilwoman Lyon to leave unchanged No. 2, the code language involving development code applications dealing with 200 sq. ft. of additional area. Motion carried. Councilman McTaggart moved, seconded by Councilman Byrd that with No. 3, residential developments which have had a previous building envelope, that instead of requiring a variance that it should require Planning Commission review. Motion carried. With regard to No. 4, stricter restrictions on the number of horses or large City Council Minutes September 6, 1994 Page 9 domestic animals, it was the consensus to leave that section of the Code unchanged. The suggestion was made to give identical definitions to the term "view restoration" for both the View Restoration Commission and the Planning Commission. PV DR. SO. (CONQUEROR TO THE EASTERLY CITY LIMITS) OVERLAY PAVING (1404 X 1204) Director Pulliam presented the staff report of September 6, 1994 and the recommendation to (1) AUTHORIZED STAFF TO PROCEED WITH THE PREPARATION OF PLANS AND SPECIFICATIONS FOR OVERLAY PAVING OF PALOS VERDES DRIVE SOUTH BETWEEN CONQUEROR DRIVE AND THE EASTERLY CITY LIMITS, AND INCLUDE THE WORK IN THE FISCAL YEAR 1994 -95 CITYWIDE OVERLAY PROGRAM; AND (2) ADOPTED THE PROPOSED RESOLUTION RESOL. NO, 94 -79 AMENDING RESOL. NO. 94 -47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1994 -95, FOR PREPARATION OF PLANS AND SPECIFICATIONS, ADMINISTRATION, INSPECTION, AND CONSTRUCTION COSTS FOR PALOS VERDES DRIVE SOUTH PAVEMENT OVERLAY IMPROVEMENTS BETWEEN CONQUEROR DRIVE AND THE EASTERLY CITY LIMIT. Councilwoman Brooks moved, seconded by Councilwoman Lyon to adopt the staff recommendation. The motion carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE Council suggested that it be clarified for the public that this repair is of a temporary nature for two to five years. AUDIENCE COMMENTS FOR ITEMS NOT ON THE AGENDA Kathy Snell, 8 Vanderlip Drive, said she was concerned about the direction that the City is taking, that resources should be spent on stopping crime. Also, that the City should not allow open fires on the beach and that the Sheriff should enforce the single file law for bike riders. Additionally, that community redevelopment should be stopped. Lois Larue, 3136 Barkentine, said the rules of procedure were violated because she was not allowed to read an excerpt from the Coastal Plan. REPORT ON CLOSED SESSION City Attorney Lynch reported that the Council had met in closed session and had discussed the case of Baer vs. J. R. Development Co., et al and that no action was taken. ADJOURNMENT: At 12 :05 A.M. the meeting adjourned on motion of Councilwoman Brooks. City Council Minutes September 6, 1994 Page 10