CC MINS 19940215M I N U T E S
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
FEBRUARY 15, 1994
The meeting was called to order at 6:00 P.M. by Mayor Pro -Tem Byrd and recessed
immediately for a voice mail training session for City Council. At approximately
6:30 P.M. the City Attorney announced that a closed session would be held to
discuss Brooks vs. Kelly, the People v. Boots and that the Council would
consider initiating litigation to collect delinquent transient occupancy taxes
owed the City. (Mayor Kuykendall arrived at 6:45 P.M.)
The regular meeting of the City Council was called to order at 7:00 P.M. by Mayor
Kuykendall. Following the Pledge of Allegiance to the flag, roll call was
answered as follows:
PRESENT: BYRD, McTAGGART, LYON, BROOKS AND MAYOR KUYKENDALL
ABSENT: NONE
Mayor Kuykendall offered condolences to the families of Palos Verdes Estates
police officers Captain Michael W. Tracy and Sergeant Michael T. Vanderpool who
were fatally wounded in a Torrance hotel meeting room on February 14, 1994; he
then requested a moment of silence in their honor.
CLOSED SESSION:
City Attorney Carol Lynch announced that a closed session had been held and
Council discussed the aforementioned 1 it igat ion
APPROVAL OF AGENDA:
City Manager Bussey reported that he had received a request from. Ron Beck,
attorney for the Horan litigants, to continue the matter of the Environmental
Assessment for Moratorium Zone 2 until the March 1 meeting. The general
consensus was to grant that request and to continue the item after hearing those
members of the public who came to speak on the matter.
The agenda was approved as amended on motion of Councilwoman Brooks, seconded by
Councilman McTaggart. Motion carried.
APPROVAL OF CONSENT CALENDAR:
Lois Larue, 3136 Barkent ine Road, spoke in opposition to the following: the
City's rejection of the Plantamura claim, the
prohibition on throw -away advertising material on private property
and the 10 -work day limit on filing harassment claims.
Several items were removed from the consent calendar to be heard at the
completion of Regular Business; the remainder of the consent calendar was
approved as follows on motion of Councilman McTaggart, seconded by Councilman
Byrd.
MOTION TO WAIVE FULL READING
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
Adopted the minutes of January 10 with a minor correction to page 10; the minutes
of February 1, 1994 as presented.
RECYCLING GRANT x`32 - ROLLING HILLS RIVIERA HOMEOWNERS ASSOCIATION (1301 X 1204 )
Approved the request from the Rolling Hills Riviera Homeowners Association to
change the scope of their recycling grant project.
RESOL. NOS. 94 -6 AND 94 -7 - HARASSMENT IN THE WORKPLACE (306 X 1202 X 1101)
(1) ADOPTED CITY COUNCIL POLICY NO. 25 REGARDING HARASSMENT IN THE WORKPLACE. ( 2 )
ADOPTED RESOL. NO. 94 -6 AMENDING RESOLUTION NO. 91 -47 ESTABLISHING THE
COMPETITIVE SERVICE EMPLOYEE PERSONNEL RULES. (3) ADOPTED RESOL. NO. 94 -7
AMENDING RESOLUTION NO. 91 -48 ESTABLISHING THE MANAGEMENT EMPLOYEE PERSONNEL
RULES,
MORATORIUM EXEMPTION PERMIT NO, 9 - LOCATION: 102 SPINDRIFT DRIVE. (1801 X 1203 )
Approved Moratorium Exception Permit No. 9, via minute order, thereby allowing
the applicant to proceed with the appropriate applications in order for the City
to review the requested additional 774 square feet of habitable space, 405 square
feet of new garage area, and two new water fixtures for two new sinks,
FOURTH OF JULY - REVIEW BY R &P COMMITTEE (1202)
Requested the Recreation & Parks Committee to review the City's Fourth of July
celebration with the goal of reducing the City's subsidy to the event.
SB 1245 - REDUCING THE BURDEN OF UNFUNDED STATE MANDATES (306 1101)
Joined the League of California Cities in supporting SB1245 (Ayala) which
proposes to reduce the burden of unfunded state mandates.
DOOR -TO -DOOR SOLICITATION HOURS (202 X 602 X 1101)
Directed staff to prepare an amendment to Chapter 5.20 of the municipal code
which would prohibit the hours for door -to -door solicitation between the hours
of 8:00 P.M. and 8 :00 A.M. and provide for the establishment of a reasonable fee
to process applications.
RESOL. NO. 94 -8 - REGISTER OF DEMANDS
ADOPTED RESOL. NO. 94 -8 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS
FROM WHICH THE SAME ARE TO BE PAID.
The motion to approve the Consent Calendar carried on the following roll call
vote:
AYES: BYRD, McTAGGART, LYON, BROOKS AND MAYOR KUYKENDALL
NOES :NONE
ABSTAIN:BROOKS ON THE MINUTES OF FEBRUARY 1, 1994
PUBLIC HEARING:
# #
CITY COUNCIL MINUTES
FEBRUARY 15, 1994
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CDBG PROJECT - PV DRIVE SOUTH (PORTUGUESE BEND LANDSLIDE AREA) (610 X 1801 X
1204)
Mayor Kuykendall opened the Public Hearing on the use of Community Development
Block Grant Funds for Palos Verdes Drive South in the Portuguese Bend Landslide
area. The City Clerk reported that notice had been duly given and that no
written protests had been received by the City. Public Works Director Pulliam
recommended that this matter be continue to March 1, 19940
Mr, Alwien M. H. Dierl, 28689 Roan Road, recommended that the City advertise for
suggestions on ways to handle the landslide problem and suggested that certain
things be considered to stabilize the landslide area: injection of certain
petroleum products in the slide plane and the use of a particular type of mat to
improve the surface of Palos Verdes Drive South.
Councilwoman Brooks moved, seconded by Councilman McTaggart to continue this
public hearing to March 1, 1994. Motion carried.
COMMITTEE APPOINTMENTS (106 x 301 x 602 x 605 x 1201 x 1502 x 1806)
City Clerk Purcell presented the staff memorandum of Feb. 15th and the
recommendation to make appointments to the following committees for a two year
term of office, said members to serve until December 1995: (1) TRAFFIC
COMMITTEE, RECREATION & PARKS COMMITTEE, FINANCE ADVISORY COMMITTEE, VIEW
RESTORATION COMMITTEE, TRANSIT ADVISORY COMMITTEE AND PUBLIC ACCESS CABLE TV
COMMITTEE. (2) APPOINT A CHAIRPERSON FOR EACH COMMITTEE TO SERVE UNTIL DECEMBER
6, 1994,
Councilwoman Brooks moved, seconded,by Councilman McTaggart to reduce the size
of the Recreation & Parks Committee from nine to seven members. This reduction
it was felt would put the size of the committee in line with that of other
committees. It was argued, however, that perhaps having nine members resulted
in more creativity. A consensus was arrived at to discuss appointments to the
Recreation & Parks Committee last and to postpone the motion until that time.
Discussion dealt with concern for whether the ballots reflected the names of all
candidates who applied and whether only some of the appointments should be made
at this meeting with the remainder being delayed until the March 1 meeting.
Councilwoman Lyon moved, seconded by Councilwoman Brooks to increase from three
to five the membership on the Public Access Cable TV Advisory Committee. A brief
discussion ensued relative to the agreement with the other participating cities
vis -a -vis the size of the committee since representation on the Cable TV Advisory
Board was based on city population. It was the consensus that staff should review
this agreement to determine the size of the committee.
Continued discussion of the committee applicants resulted in the consensus that
it would be permissible for applicants to apply for other committees in addition
to those indicated on their original application.
Councilwoman Brooks moved, seconded by Councilwoman Lyon to postpone appointment
to all of these committees until March 1. Motion carried.
Councilwoman Brooks moved, seconded by Councilman McTaggart to add the names of
Larry Clark, Jon Cartwright and Carole Black to the View Restoration Committee
ballot; that Jon Cartwright's name also be added to the Finance Advisory Ballot;
and that all applicants have until February 21 to indicate their interest in
other committees. Motion carried.
CITY COUNCIL MINUTES
FEBRUARY 15, 1994
PAGE 3
CITYWIDE LANDSCAPING & LIGHTING MAINTENANCE DISTRICT (901 x 1204)
Public Works Director Pulliam presented the staff memorandum of Feb. 15th and
the following recommendations to (1) CONTINUE THE CITYWIDE LANDSCAPING AND
LIGHTING DISTRICT FOR FISCAL YEAR 1994 -95 IN ITS CURRENT FORM, OR RE- SPREAD IT
IN A NEW FORM. (2) IF COUNCIL WISHED TO CONTINUE THE DISTRICT IN ITS CURRENT
FORM, AWARD THE CONSULTING SERVICES CONTRACT TO BSI, THE CURRENT CONSULTANT;
OTHERWISE, AWARD THE CONTRACT TO THE LOWEST BIDDER DEPENDING ON THE OPTION CHOSEN
TO RE- SPREAD THE ASSESSMENT; AND, AUTHORIZE STAFF TO SPEND UP TO AN ADDITIONAL
5% FOR CONTINGENCY. (3) AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT WITH THE SUCCESSFUL CONSULTANT TO PERFORM THE WORK.
Warren Sweetnam, 7 Top Rail Lane, representing the Rockinghorse Road Homeowners
Association suggested that the Council take the alternative to re- analyze the
assessment because he felt the rural portion of the City did not benefit as much
from this district as the remainder of the City.
Lois Larue, 3136 Barkentine Rd., stated her disagreement with the previous
speaker and objected to the contract being awarded to Charles Abbott &
Associates.
After clarification of the assessment process for this district and discussion
of the difference this re- spread of the assessment would result in, Councilwoman
Lyon moved, seconded by Councilwoman Brooks to continue the district for six
months and place the question of continuance of the district on the November
ballot.
Discussion of the motion centered on the feasibility of a six -month continuation
in light of the County's role in preparing property tax billing and, lastly, the
resulting reduction in the City's revenue.
The motion failed on the following roll call vote:
AYES: LYON AND BROOKS
NOES: BYRD, McTAGGART & KUYKENDALL
Mayor Kuykendall moved, seconded by Councilman Byrd to continue the citywide
landscaping and lighting district for fiscal year 1994 -95 in its current
configuration. The motion carried on the following roll call vote:
AYES: BYRD, McTAGGART & MAYOR KUYKENDALL
NOES: LYON AND BROOKS
Councilman McTaggart moved, seconded by Councilman Byrd to authorize the Mayor
and the City Clerk to sign the contract with the current consultant, BSI
Consultants, Inc. Motion carried on the following roll call vote:
AYES: BYRD, McTAGGART & MAYOR KUYKENDALL
NOES: LYON AND BROOKS
CEREMONIAL EVENTS:
Mayor Kuykendall presented a certificate of Recognition to Kelvin Yu, the student
of the month for February 1994. In addition to being president of his sophomore
class at Peninsula High School, Kelvin was also honored for his high academic
achievement and involvement in extra- curricular activities.
Melissa Ponce DeLeon was then recognized as student of the month for January 1994
and was honored for her efforts in organizing delivery of food to the elderly in
the community at Thanksgiving and for her volunteer work with kindergarten
students.
CITY COUNCIL MINUTES
FEBRUARY 15, 1994
PAGE 4
NATIONAL POLICY FORUM (306 X 310)
Mayor Kuykendall summarized the background on the National Policy Forum as a
think tank for refining government and its work in providing information on
successful local government programs ' and other "ideas that work." If Council was
agreeable, he requested that staff be directed to prepare a draft report
describing how the City has creatively responded to operating City services with
reduced revenues and staff.
Lois Larue, 3136 Barkentine, spoke in opposition to the City's participation in
what she felt was a partisan program.
Councilwoman Brooks moved, seconded by Councilwoman Lyon to participate in this
program. Motion carried.
RECESS & RECONVENE: At 8:25 P.M. Mayor Kuykendall requested that he be excused
from the remainder of the meeting due to illness, The meeting reconvened at 8:37
P.M. Mayor Pro Tem Byrd then chaired the remainder of the meeting.
LANDSLIDE MORATORIUM AREA - ENVIRONMENTAL ANALYSIS (1801 x 1203)
Associate Planner Rojas presented the staff memorandum of February 15 and the
recommendation to direct staff to incorporate the environmental analysis
necessary for establishing the Zone 2 development standards into the moratorium
area sewer system EIR at the time a decision is made to pursue such EIR by the
Council. This recommendation involved expanding the scope of the environmental
review necessary for the RDA proposed sewer system in the Landslide Moratorium
Area to include an analysis of establishing the Zone 2 Development Overlay. Such
an expanded analysis could then be paid for through either: 1) existing RDA
funding (Horan Settlement funds); or 2) the formation of a Sewer Assessment
District (which Staff will be recommending to pay for at least a portion of the
sewer costs). Although Staff could not predict Council's future action on the
formation of the District, Staff felt this was the only to identify advanced
payment of the EIR costs by the benefiting from implementation of the Zone 2
Development Standards.
Continuing with his report, Mr. Rojas said that the RDA is currently considering
a sewer system design encompassing the entire landslide area (Abalone Cove and
Portuguese Bend) and part of the on -going study will involve an environmental
analysis of the impacts associated with the sewer system construction. In the
case of the Abalone Cove area, the concept of establishing a domestic sewer
system was analyzed in a 1990 EIR (the L.A. County certified "Abalone Cove
Landslide Stabilization Project" EIR). Notwithstanding this previous analysis,
Staff felt that the actual sewer system design for Abalone Cove would have to be
analyzed through a Subsequent EIR, given the probable impacts identified in the
1990 EIR, the Federal listing of the California gnatcatcher in 1993 and the
availability of new project- specific information.
Given the need for a Subsequent EIR to implement, the Abalone Cove portion of the
Landslide area sewer system, Staff felt that the subject EIR should include an
analysis of the proposed Zone 2 Development Overlay, as Zone 2 lies within the
Abalone Cove Landslide and there is a direct link between the two conceptual
projects that needs to be addressed. According to Dr. Ehlig's memo, one of the
conditions for allowing limited development in Zone 2 is predicated on landowners
agreeing to hookup to a future sewer system. Likewise, construction of a sewer
system in Zone 2 may facilitate additional development in the area (only if the
area is determined to be stable) , of which the Zone 2 Development Standards Will
attempt to address. Given this link, Staff felt that from an environmental
review perspective, an analysis of the sewer system and overlay zones as a
combined project scope would be appropriate.
CITY COUNCIL MINUTES
FEBRUARY 151 1994
PAGE 5
If the Council wished to pursue this option, Staff recommended that a Subsequent
EIR (to the County EIR) be prepared which analyzes the impacts of the proposed
sewer system design /Overlay Development Standards for Zone 2, with a cumulative
impact analysis of the sewer system design /Overlay Development Zones for the
entire Landslide Moratorium Area. Although Staff had not yet received any cost
estimates from consultants with respect to such an EIR, Staff estimated the cost
to be comparable to the Expanded EIR estimates listed in the earlier table
($85,000 to $120,000).
City Manager Bussey reiterated the request received from Mr. Beck to continue
this matter to March 1. Additionally, he reported that many of the letters
received by the City indicated that there is misunderstanding about the location
of Zone 2 which is an area that has had no land movement since the City started
analysis. With regard to the use of Horan funds for use of the EIR, staff would
not recommend that Horan funds be used for the Zone 2 EIR.
Council requested staff to report on the availability of the sewer system study
with the idea of making this available for people in the Redevelopment Area. It
was the consensus that staff would verify the availability date in the Friday
Report. March 14 was the suggested date for a Council work shop on the sewer
system.
Additional Council discussion focused on a mechanism for charging the funding for
the EIR for Zone 2 to the benefiting property owners, It was clarified that the
sewer project was being done on recommendation of the Landslide Panel of Experts
and that funds from the Horan settlement bond proceeds would only be used for the
Abalone Cove portion of the sewer system and would not be used for any
improvements to the Portuguese Bend area; only City money loaned to the RDA or
grant money is used in Portuguese Bend. Staff indicated that it would be possible
to add an analysis of the environmental impacts of Zone 2 development to the
sewer system Environmental Impact Report and charge the incremental costs of the
Zone 2 EIR to the benefiting property owners through an assessment district.
Al Edgerton, 59 Oceanaire, representing Peninsula Preservation read from a
prepared statement dated February 15, 1994 which, among other things, stated that
organization's objection to expenditure of City funds for this EIR. (Mr.
Edgerton' s statement is on file with the City Clerk's Office.)
Speaking in favor of performing the EIR were the following speakers: Mark
Guerrero, 3818 Morganfield Avenue and Carl Gutierrez, 3 Clovetree Place. These
speakers stated that their property is stable and agreed that the assessment
should be for those benefiting from the study.
Betsey Kelly, 6611 Vallon Drive, inquired about the City liability in the event
a house slide.
Muriel Titzler, 3 Ginger Root, said that the most important thing done to -date
was installation of the dewatering wells by ACLAD which was paid for by the
residents and not out of the Horan funds, and that most of the of the alleviating
projects should have been completed by 19910
Lois Larue, 3136 Barkentine, stated that water was draining into the Altamira
Canyon and that she disagreed with lining Altamira Canyon.
Councilwoman Brooks moved, seconded by Councilman McTaggart to continue this
matter until after the Council's work shop on the sewer system. Motion carried.
MEASURE "A" PARK FUNDS (602 x 1202)
Recreation and Parks Administrator Rosenfeld presented the February 15 staff
CITY COUNCIL MINUTES
FEBRUARY 15, 1994
PAGE 6
memorandum and the recommendation to review the R &P Committee's recommendation
on prioritization of Measure "A" park funds and direct staff to include $35,000
in the fiscal year 1994 -95 budget for a consultant to prepare an up -dated and
refined site plan which would include the specific facilities.
Edith Mayerson, 28825 Trailriders Drive, representing Peninsula Seniors, stated
her support for the Committee's recommendation.
Paul Sefchek, 38 Mela Lane, said he was one of the circulators for this Measure
"A" bond petition and that one of the original purposes for the use of the funds
was to maintain open space on the Peninsula. He stated support for the expansion
of the Pt. Vicente Interpretive Center as long as it meant acquiring additional
land space as opposed to enlarging the structure. He suggested acquisition of
some of the landslide area to maintain as open space in an undeveloped manner.
Council discussion centered on the lack of funding for staf f ing for a senior
center and the 20 year limitation on using Measure "A*' funding for maintenance
costs at such a center, after which it would have to come from the General Fund.
The suggestion was made that instead of a senior center that perhaps a multi-
purpose community center would be a more practical approach. It was the consensus
that because implementing any changes at Pt. Vicente would require the approval
of both the State and Federal government that staff should develop a timeline on
the contacts with these agencies.
RESIDENTIAL DESIGN REVIEW - NEIGHBORHOOD COMPATIBILITY STANDARDS (1203)
Associate Planner Rojas presented the February 15 staff memorandum and the
recommendation to consider staff recommended procedure and format for re-
initiation of proceedings to establish a residential design review program and /or
neighborhood compatibility standards for the City.
Council discussion centered on the importance of providing homeowners with
guidelines of acceptable designs, how these standards should improve and not
degrade the community,
how additions should appear as though they belonged on the structure, the
importance of having standards that were objective rather than subjective, the
use of the work already completed by the Planning Commission subcommittee on this
issue and, lastly, how a neighborhood could be defined.
It was the consensus to delay making a decision on the matter until after the
Planning Commission has completed its current revision of the relevant
Development Code sections and reports to Council. The suggestion was made that
when the entire process is completed that the guidelines be distributed to
architects that do work in the City.
Lois Larue, 3136 Barkentine, suggested that the pilot program be done in a
neighborhood where a member of Council resides.
SIGN AMORTIZATION - WESTERN AVENUE (1203 x 1801)
Planning Director Bernard presented the staff memorandum of February 15 and the
recommendation to review the Western Avenue sign amortization program and direct
staff accordingly.
Councilwoman Lyon moved, seconded by Councilwoman Brooks to suspend the Western
Avenue sign amortization program until completion of the Development Code
Revisions and the Western Avenue Specific Plan (Option No. 3) . Motion carried.
Staff clarified that the sign code for the City of Los Angeles was quite similar
to that of the City, however Los Angeles does not necessarily enforce its code.
CITY COUNCIL MINUTES
FEBRUARY 15, 1994
PAGE 7
SIDEWALK REPAIR PROGRAM - FY 1994 -95 (1204 x 1405)
Associate Engineer Allison presented the staff memorandum of February 15 and the
recommendation to continue the fiscal year 1993 -94 sidewalk repair program as in
the past.
Councilman McTaggart moved, seconded.by Councilwoman Lyon to continue the program
as in the past with the direction that staff strive for cost containment.
RECESS & RECONVENE: At 10:10 P.M. Mayor Pro Tem Byrd declared a recess. The
meeting reconvened at 10:20 p.m.
Responding to the Mayor's call for public comment for items not on the agenda was
Betsey Kelly, 6611 Vallon Drive, who spoke relative to an art jury.
Lois Larue, 3136 Barkentine, commented on the condition of the storm drain in
Portuguese Bend Canyon and how the water is pouring into the area below Palos
Verdes Drive South.
City Manager Bussey said that area is moving, that because of land movement the
pipe is designed to move and break apart, that it has separated a number of feet
since last repaired and will continue to do so. He said that staff will again
inspect this area.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
TELEWORK CENTER MARKET ASSESSMENT STUDY (1505 X 1204)
Senior Analyst Dolleschel presented the February 15 staff report and the
recommendation to award the contract for the telework center market assessment
study to Frank Wilson & Associates at a not to exceed figure of $30,000;
authorize the Mayor and City Clerk to sign said contract and authorize staff to
execute the required paperwork related to this activity. Additionally, Ms.
Dolleschel reported on staff's visit along with Councilmembers Byrd and Lyon to
the telebusiness center in Ontario.
Representing Aldaron Inc. was Gloria Newby, who briefed the Council on the role
that Aldaron would play in working with staff on the completion of this project
and the part that the market assessment would play in determining whether such
a center was feasible in this area.
Council questioned the necessity of this assessment study based upon information
received at the Ontario site and instead voiced the opinion that starting off
with a smaller center was a better alternative. Concern was expressed about the
hourly costs for the study group, that the Ontario center was empty when it
should have been full considering the earthquake damage, and if this was a
project that should instead be funded by- private enterprise. Additional
discussion clarified how the study would be conducted within the city, that the
information gathered would be used in determining the feasibility of the center,
the fact that some General Fund money would be used, and that a center such as
this could be an aid toward reducing air pollution.
It was the consensus to continue this item to the next meeting when a full
council would be present.
BUILDING & SAFETY CONTRACT REVIEW (201 X 1203)
Director Bernard presented the staff memorandum of February 15 and the
recommendation to prepare a request for proposal (RFP) and solicit new proposals
from interested consulting firms for contract services.
CITY COUNCIL MINUTES
FEBRUARY 15, 1994
PAGE 8
Lois Larue, 3136 Barkentine, spoke in opposition to awarding the contract to
Charles Abbott & Associates and suggested the use of the County for these
services and or put the matter out for bid.
Councilman McTaggart moved, seconded by Councilwoman Brooks to direct staff to
prepare a Request for Proposal and solicit new proposals from interested
consulting firms and the County for contract services. Motion carried.
1994 MAJOR PROJECTS WORK PROGRAM FOR PLANNING, BUILDING AND CODE ENFORCEMENT ( 2 01
X 1203)
Director Bernard presented the staff memorandum of February 15 and the
recommendation to confirmed staff is proposed work program and prioritization of
major projects for 1994.
Lois Larue, 3136 Barkentine Road, stated that she felt that the problems in the
landslide area are so severe that they should be number one.
Councilman McTaggart moved, seconded by Councilwoman Lyon to adopt the staff
recommendation. Motion carried.
RESOL. NO. 94 -9 - AMENDMENT TO COUNCIL RULES OF PROCEDURE (103 X 307)
Mayor Pro Tem Byrd stated that he had requested removal of this item from the
Consent Calendar in the event the public wanted to speak to the issue.
Lois Larue, 3136 Barkentine, Corresponding Secretary of the South Bay Chapter of
the American Civil Liberties Union, reiterated her disagreement with the rules
of procedure.
Councilman McTaggart moved, seconded by Councilwoman Brooks to adopt RESOL. NO.
94 -9 - AMENDING THE COUNCIL RULES OF PROCEDURE. The motion carried on the
following roll call vote:
AYES: BYRD, McTAGGART & BROOKS
NOES: LYON
ABSENT: KUYKENDALL
VIEW RESTORATION COMMITTEE APPEALS (1806 x 1101)
Mayor Pro Tem Byrd presented his memorandum of February 15 and the recommendation
to direct staff to prepare a resolution providing for the ability to appeal
decisions of the View Restoration Committee to the City Council.
Discussion of this recommendation included clarification that the lawsuit filed
against the City for implementation of the view ordinance was ruled on basis of
the statute of limitation in favor of the City and not upon the constitutional
issues, that these appeals could possibly be heard by the Planning Commission,
that if the appeal process is applied that it will not stave off any
constitutional challenges of the ordinance, the appeals could be a de novo
hearing or could require a heightened standard of appeal. It was the consensus
that appeals would be heard if it had been determined that a substantial error
had been found in the application of the ordinance, in which case it would be
sent back to the committee for rehearing.
Councilman McTaggart moved, seconded by Councilwoman Lyon to instruct the City
Attorney to prepare a draft ordinance that would provide for appeal to the City
Council based on error in the application of the ordinance only, and not a de
novo hearing. Motion carried.
CITY COUNCIL MINUTES
FEBRUARY 151 1994
PAGE 9
SCAG REPORT (306 x 1101)
Councilwoman Brooks presented her memorandum of February 15 and a summary on the
activities of SCAG relative to their involvement in the Draft Regional
Comprehensive Plan. She presented.a copy of this report and said that she would
forward a copy to the Council.
VERBAL CITY COUNCIL REPORTS: U.S. Dept. of Interior - Councilman McTaggart
reported on the letter received from the U. S. Department of the Interior
relative to additional endangered species that may inhabit the Peninsula. This
communication will be distributed the Council.
CITY MANAGER REPORTS:
STATUS OF DIRECTIVES: Councilwoman Brooks moved, seconded by Councilman McTaggart
to receive and file this report. Motion carried.
ADJOURNMENT: At 11:20 P.M.
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Councilwoman Brooks moved to adjourn the meeting.
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CITY COUNCIL MINUTES
FEBRUARY 15, 1994
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