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CC MINS 19940503M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MAY 3, 1994 The meeting was called to order at 6:30 P.M. by Mayor Steven T. Kuykendall at the Fred Hesse Park Community Center, 29301 Hawthorne Boulevard and was immediately recessed to a closed session. The City Attorney announced that said session would be held to discuss the matter of Gantz vs. the City. At 7:00 P.M. Mayor Kuykendall reconvened the meeting. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BYRD, McTAGGART, LYON, AND MAYOR KUYKENDALL ABSENT: NONE LATE ARRIVAL: BROOKS @ 9:03 P.M. Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, Planning Director Bret Bernard, Planning Administrator Carolynn Petru, Associate Planner Fabio deFreitas, Assistant Planner Donna Jerex, Public Works Director Trent Pulliam, Finance Director Brent Mattingly, City Clerk Jo Purcell, and City Attorney Carol Lynch. CEREMONIAL EVENT: Mayor Steven T. Kuykendall presented to Finance Director Brent Mattingly the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada (CAFR). This achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by the City's government and management. The CAFR had been judged by an impartial panel of finance -professionals and the City met the high standards of the GFOA program. This award is an acknowledgement that the City's financial systems are in order, and as a result of these accounting and financial systems, it is unlikely that major mistakes or loss of financial control will occur. This award recognizes not only Brent' s dedication to the City and his profession, but the many hours worked by Mr. Mattingly and the finance staff: Linda Peterson, Jon Neumann, Judy Huey, Becky Martin, Gayle VanOverbeck and Olga Zacharias. The following persons received a City plaque for their service on to the City on the committees and commission: Planning Commission - Robert Katherman who served as chairman for two years during his four years on the commission from January 1990 through January 1994. Planning Commi s s ion - Mayor Pro Tem Byrd who served on the commission from December 1992 through November 1993. Recreation & Parks Committee -r Councilwoman Marilyn Lyon who served both as chairman and committee member from January 1992 through November 1993. Traffic Committee - James Sarner who served on the committee from August 1989 through March 1994. View Restoration Committee - Edward Murphy for his service from January 1990 through January 1993. Long Range Finance Committee - Alan Carlan for his service on the committee from July 1992 through March 1994, Long Range Finance Committee - Steve Geraghty for his service on the committee from July 1992 through March 1994. Transit Advisory Committee - Marion Smith for her service on the committee from January 1988 through March 1994. Transit Advisory Committee - De Witt Kirk for his service on the committee from July 1992 through March 1994. APPROVAL OF AGENDA The agenda was amended to move discussion of Sign Permit No. 666 to the end of Regular Business; the 1993 Congestion Management Plan was moved to the Public Hearing section of the agenda; and, the Daladier Underground District item was moved to the end of Regular Business pending the arrival of Councilwoman Brooks. Councilman Byrd moved, seconded by Councilman McTaggart to approve the agenda as amended. Motion carried. APPROVAL OF CONSENT CALENDAR Lois Larue, 3136 Barkentine Road, spoke to several items on the register of demands. Council advised Ms, Larue that these questions should be asked of staff prior to the meeting. WAIVER OF FULL READING Waived 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. CLAIM AGAINST THE CITY BY DAVID LEYTON (303 x 301) Rejected the claim and directed the City Clerk to notify the claimant of the City Council's action. CLAIM AGAINST THE CITY BY ALLSTATE INSURANCE COMPANY (PLANTAMURA) (303 X 301) Rejected the claim and direct the City Clerk to notify the claimant of the City Council's action. SILVER SPUR ROAD RECONSTRUCTION (1404 X 1204) (1) Awarded the Silver Spur Road construction Contract to Excel Paving Co. for $574,208.70; and authorized staff to spend an additional $28,000 for contingencies for a total authorization not to exceed $602,208.70. ( 2 ) Authorized the Mayor and City Clerk to execute said contract. NOTICE OF COMPLETION FY 93 -94 CITY COUNCIL MINUTES MAY 31 1993 PAGE 2 STREET TRIMMING PROJECT (GOLDEN BEAR ARBORIST) (1204 X 1407) (1) Accepted the work as complete. ( 2 ) Authorized the City Clerk to file a notice of completion and notify the surety company to exonerate the labor and materials bond if no claims are filed during the 35 day legal notice period. (3) Authorized the Finance Director to release the retention 35 days after the notice of completion has been recorded by the County Recorder. PURCHASE OF MAINTENANCE VEHICLE (1204 X 602) Rejected all bids which were submitted April 26, 1994 for the purchase of a replacement pick -up truck and authorized staff to solicit new bids. ORDINANCE NO. 298 - VIEW RESTORATION APPEAL AMENDMENT (1806 X 1203) ADOPTED ORDINANCE NO, 298 OF THE CITY OF RANCHO PALOS VERDES THEREBY ESTABLISHING AN APPEAL PROCEDURE FROM DECISIONS OF THE VIEW RESTORATION COMMITTEE AND AMENDING SECTION 17.02.040 (C2) OF THE RANCHO PALOS VERDES MUNICIPAL CODE. MARYMOUNT COLLEGE SHUTTLE SERVICE UPDATE (1804 X 1204) Decided not to fund the one -month extension of shuttle service. RESOLUTION NO. 94 -29 - REGISTER OF DEMANDS (602) ADOPTED RESOL. NO, 94 -29 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES 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, AND MAYOR KUYKENDALL NOES: NONE ABSENT: BROOKS RECYCLE DRAWING: Mayor Kuykendall announced that Mary Breslau was the winner for the month of April and that Rafael Solis was the winner for the month of May. Each of their families would win a year's worth of free refuse service. PUBLIC HEARINGS: RESOL. NO. 94 -30 - 1993 CONGESTION MANAGEMENT PROGRAM (CMP) (1203 X 1505) Senior Planner Joel Rojas presented the staff memorandum of May 3 and the recommendation to adopt the proposed resolution finding the City of Rancho Palos Verdes to be in conformance with the 1993 Congestion Management Program of Los Angeles County and adopting the City's CMP Local Implementation Report. City Clerk Purcell reported that notice of this public hearing had been duly published and that no written protests had been received by the City. CITY COUNCIL MINUTES MAY 3, 1993 PAGE 3 There being no response to the Mayor's call for public testimony, Councilman McTaggart moved, seconded by Councilwoman Lyon to close the public hearing. Motion carried. Councilman McTaggart moved, seconded by Councilman Byrd to approve the staff recommendation to ADOPT RESOLUTION NUMBER 94 -30 FINDING THE CITY OF RANCHO PALOS VERDES TO BE IN CONFORMANCE WITH THE 1993 CONGESTION MANAGEMENT PROGRAM OF LOS ANGELES COUNTY AND ADOPTING THE CITY'S CMP LOCAL IMPLEMENTATION REPORT. Motion carried. Council requested that staff prepare a letter for the Mayor's signature to the MTA requesting that the bus service in the City not be reduced so the City can indeed reduce traffic congestion. RESOL. NOS. 94 -31 AND 94 -32 - C.U.P. NO. 178 FOR 28732 HIGHRIDGE RD. (701 X 1203) City Clerk Purcell announced that notice of this public hearing had been duly published and that all protest letters had been made part of the agenda package; letters received after preparation of the agenda had also been distributed to the Council. Mayor Kuykendall then declared the public hearing open. Assistant Planner Jerex summarized the staff memorandum of May 3 as follows: this project involved the construction of a six -bay automotive repair facility at the vacant lot located at 28732 Highridge Road; the item was continued from the March 1, 1994 City Council hearing to allow a 21 -day re- circulation period for the draft mitigated negative declaration and for staff to address issues identified by the Council: change in the location of the pay phone, modification of uses, review of the level of noise allowed outside the repair building, analysis of the decibel standard, reduction of the building size, and re- orientation of the building. With respect to the re- circulated declaration, staff did not receive any comments from public agencies which had not alreay been previously addressed through the initial circulation. One comment letter was received from the County Sanitation District after the current staff report was prepared, a copy of which was distributed to Council prior to the meeting. Those comments, as well as all other public agency concerns, were addressed in the mitigation measures proposed for the project. Staff also received a letter from Jack Harper, which was distributed to Council. The majority of his concerns centered on noise issues which staff believed were adequately addressed through mitigation measures and conditions of approval including an assessment of the 65 decibel noise limitation and the building orientation. His letter also pointed out an error in the staff report which referred to comment letters on another unrelated project; these letters were inadvertently included with the staff report and are not a part of this project. Continuing with her report, Ms. Jerex said that staff had incorporated the Council's directives into the proposed resolutions by amending the conditions of approval to allow a pay phone inside the facility and to restrict noise - creating activities from occurring outside the automotive repair building. The noise decibel standard was also more fully analyzed in accordance with Council's direction. As for the reduction in size and /or re- orientation of the building, staff provided a history of discussions held with the applicant as well as testimony provided at the Planning Commission level for the Council's consideration. Lastly, Ms. Jerex said that staff recommendation was to adopt CITY COUNCIL MINUTES MAY 3, 1993 PAGE 4 the proposed resolution denying the appeal and upholding the adoption of a mitigated negative declaration associated with environmental assessment No. 658; and, adopt the proposed resolution denying the appeal and upholding the approval of conditional use permit no. 178 for an automotive repair facility at 28732 Highridge Road. Speaking in opposition to this project were the following persons: Jack Harper, 22 Aspen Way, Rolling Hills Estates, who referred to his May 1, 1994 letter and summarized remarks in that letter which refuted several of the statements made in the staff report. (This letter is on file with the City Clerk's office*) Bob Whitman, 10 Hillcrest Meadows, President of the Hillcrest Meadows Homeowners Association, said his association was opposed to the project because they felt it was inappropriate for the neighborhood, was not aesthetically acceptable, the noise level would be too high, questioned the closure of the gas station over the 180 day limit, and that he was disappointed that the applicant did not accept the suggestions made by Council in March. With regard to those suggestions, he said his association would be willing to accept reversing the building so that it faced the adjacent church's parking lot, and also favored lowering the building and reducing its size. Mike McCarthy, 14 Aspen Way, RHE, said his home is within 65 ft. of this project. He was concerned about the lack of a pragmatic and objective evaluation of the noise level generated by pneumatic tools and felt this project was not in the best interest of those who lived nearby. The applicant in this appeal, Mr. Ken Landau, 2 Hillcrest Meadows, said they were disappointed that no changes had been made to the project as directed at the last meeting, that he felt the negative declaration did not fulfill all of the requirements of CEQA, that he would be willing to drop the appeal if some of the changes suggested by the other speakers were made: lowering the project height, re- orienting the building, reducing the number of bays, redesign of the structure to be aesthetically compatible with the neighborhood, and restricting the noise level. Because of the absence of Councilwoman Brooks, he requested that the item be continued until a full Council was present. Speaking in favor of the project were the following speakers: The operator of the site, Steve Saporito, 28004 Ridgebluf, f , used an artist's rendering of the site to explain how a planter would be extended from the northern property line to the corner of Highridge Road and how this extension had eliminated a second driveway. Additionally, a second planter extends out onto Crestridge Rd. As far as noise was concerned, he said that the building was now turned with its back to the neighboring church, and is approximately the same height but perhaps a little higher than the previously existing building and canopies. Also, with regard to the pneumatic tools, he said that the tools used would be small hand tools and not construction tools that generate considerably more noise. He said that for a long time he has tried to take all concerns into consideration but fears that he cannot please everybody. He requested that the Council uphold the Planning Commission's decision. Bob Barker, 27604 Longhill Drive, said he was a 28 -year resident of the City, that this is his third public hearing on this matter, that this was a public use problem and that people had to be considered. He first appeared at the September 21, 1993 hearing where he and a number of people were in support of this project, and he hoped that the City Council would not discourage Steve Saporito from re- establishing this business. CITY COUNCIL MINUTES MAY 3, 1993 PAGE 5 Edward Hall, 48 Cottonwood Circle, said that the Terraces are the closest set of structures to this facility, that he was a member of the board of directors of that complex for eleven years and was also president of the board for a number of years. During that time the board did not receive any complaints about the business despite the fact that the building was a metal building. He said that the proposed project fits the community much better than the original building. With regard to the suggestion that the site be used to extend the parking facility of the church, he said that they did have a series of complaints about the activity taking place in the parking lot as it presently exists; they have worked with the church officials to minimize those problems. Councilman Byrd moved, seconded by Councilman McTaggart to close the public hearing. Motion carried. Council discussion centered on re- orienting the building so that all of the bay doors would face the east resulting in the structure looking more like a home; also, moving the structure closer to Highridge Rd., and using planters to soften the appearance of the walls. The suggestion was made that a recess be taken to see if these suggestions were amenable to the parties. City Attorney Lynch opined that either staff should review the document to make these changes or that the matter be continued to the next meeting. Recess: At 8:05 P.M., Mayor Kuykendall called a brief recess. Reconvene: The meeting reconvened at 8:15 P.M. Director Bernard reported that a meeting had been held with the interested parties to discuss reorienting the building, planters and the driveway; no agreement was reached. A brief discussion ensued relative to whether it was preferable to have the bays facing the parking lot, however, that idea was rejected for fear that it would result in the building being too close to the street. To allow the Planning Commission Chair to speak to the issue, Councilman Byrd moved, seconded by Councilwoman Lyon to reopened the public hearing. Motion carried. Gilbert Alberio, Chairman of the Planning Commission summarized his memorandum of May 3 which listed issues presented during the Planning Commission's hearings on this matter: the necessity for preparing an Environmental Impact Report, if demolition of the previous Unocal service station and bio- remediation of the site constituted termination or abandonment of the site use, if the appellant's conditions and the concerns of the neighbors as incorporated into the commission's resolution could be construed as a compromise and approval of the project, and if Mr. Saporito was induced by the City into proceeding with the project. Mr. Alberio then described the effects that re- orienting the building would have on the noise level and on the ingress and egress from the site. James Koehler, 95 Aspen Way, also a resident of the Terraces, spoke in favor of the project and stated he felt there would be no impact on the Terraces; that as far as Hillcrest Meadows was concerned, that hedges were growing up around that development and that this site would not be visible to those residents. Councilman McTaggart moved, seconded by Councilman Byrd, to re -close the public hearing. Motion carried. Ensuing discussion centered on the fact that perhaps the proposed configuration CITY COUNCIL MINUTES MAY 3, 1993 PAGE 6 was the best solution; however, concern was expressed that six bays was too big and that the design should look more like a' residential structure. It was feared, however, that reducing the number of bays might result in more cars being worked on outside of the building. One suggestion was to angle the pitch of the roof to make it look like a residential structure. Re- orientation of the building was felt might result in too imposing a structure on Highridge Rd. Apropos the noise from the use of tools, continued discussion clarified the difference in the noise level generated by automotive repair hand tools versus construction equipment. Councilman Byrd moved to adopt the proposed resolutions: RESOL. NO. 94 -31 THEREBY DENYING THE APPEAL AND UPHOLDING THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION ASSOCIATED WITH ENVIRONMENTAL ASSESSMENT NO. 658; AND RESOLUTION NO. 94 -32, THEREBY DENYING THE APPEAL, AND UPHOLDING THE APPROVAL OF CONDITIONAL USE PERMIT NO. 178, FOR AN AUTOMOTIVE REPAIR FACILITY AT 28732 HIGHRIDGE ROAD. with the amendment that staff and the property develop a roof line that would be more compatible with the neighborhood. Upon summary of the changes to the proposed resolutions by the City Attorney, the motion to adopt these resolutions as amended carried on the following roll call vote: AYES: BYRD AND McTAGGART NOES: KUYKENDALL ABSTAIN: LYON ABSENT: BROOKS Councilwoman Lyon stated that she abstained because she did not want the matter to go back to the Planning Commission decision. Recess: At 8:44 P.M. Mayor Kuykendall declared a recess. The meeting reconvened at 8:50 P.M. Audience Comments: Responding to the Mayor's call for comments on items not on the agenda were the following persons: Sunshine, 6 Limetree, who submitted an article from Coastwalk which explained that organization's desire to develop a trail along the entire length of the California coastline. She inquired about the process for getting permission for members of that organization to have an overnight camp -out on September 10 at the Ladera Linda Community Center. This matter was directed to staff. Lois Larue, 3136 Barkentine Road, submitted a copy of a letter dated October 7, 1993 which appeared in the L. A. Times entitled "reinventing City Hall in Redondo Beach." STREET VACATION OF P. V. DR, EAST ACROSS FROM CORSINI PLACE (1408 x 1204) Mayor Kuykendall opened the public hearing on this proposed vacation of a portion of City right -of -way along Palos Verdes Drive East adjacent to a property located at 4301 Via Frascati and across from Corsini Place. The City Clerk reported that notice of the public hearing had been duly published and that no written protest had been received. The staff recommendation was to take any public testimony, then continue the public hearing until July 19, 1994. Councilman Byrd moved, seconded by Councilman McTaggart to dispense with staff report. Motion carried. CITY COUNCIL MINUTES MAY 3, 1993 PAGE 7 The applicant for this vacation John Cigliano, 4301 Via Frascati, thanked the City Council and staff for the work done on this matter. Councilman McTaggart moved, seconded by Councilman Byrd to adopt the staff recommendation and continue this matter to July 19, 1994. Motion carried. A brief Council discussion ensued relative to the vacated right -of -way at the Kennedy residence located adjacent to this property and how this request for vacation might be affected by the previous vacation to the Kennedy property. Staff was directed to research this matter and report back at the July 19, 1994 Council meeting. CONTROL OF VIDEO GAMES (1101 X 305) City Manager Bussey presented the memorandum of May 3 and the recommendation that if Council desired to change the City code that the matter be referred to the Planning Commission to hold the appropriate public hearings. A brief Council discussion clarified that the City cannot the regulate the content of these videos but only the number of machines, the hours of operation and their location. (Councilwoman Brooks arrived at 9:03 P.M.) It was the consensus that the matter of hours of operation, number of videos and location should be referred to the Planning Commission to review as part of their regular review process for the City's Code. (In response to an inquiry, the Mayor reported that at the request of Councilwoman Brooks that the Daladier Undergrounding was delayed until her arrival.) SITE PLAN REVIEW NO. 7360 - RECONSIDERATION (10 PEPPERTREE DR.) (1203 X 1801) Associate Planner deFreitas presented the staff memorandum of May 3 and the recommendation to provide staff and the applicant with clarification of Council's previous action on Site Plan Review No. 7360. It was the general consensus that the Council had approved one building and that the applicant was to improve its appearance so it did not look like a box. Staff reported, however, that because the shed was beyond the 125 ft. allowed by the Code and because this was in a n Open Hazard Zone, a Conditional Use Permit would be necessary. The applicant in this matter Mr. Stanley Clarke, said that his initial reaction was to apply a complete exterior coating of wood and build a fake roof on the structure however he was concerned about the additional costs in applying for a C.U.P. Councilman McTaggart moved, seconded by Councilwoman Brooks to waive the C.U.P. application fees since it was never the intent of the Council to impose them, that the applicant proceed with the C.U.P. process for the structure, proceed with the job of improving the structure's appearance; and, that this item be put on an early Planning Commission agenda. The motion carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL CITY COUNCIL MINUTES MAY 3, 1993 PAGE 8 NOES: NONE ABSENT: NONE REFUSE DISPOSAL BILLING PROCEDURE AMENDMENT (1301 X 1204 X 602) Public Works Director Pulliam presented the staff memorandum of May 3 and the recommendation to direct staff to proceed with implementing a change in the procedures for refuse disposal service billing. Two issues not discussed in the staff report were the limitation on complying with AB939 and the requirement to notify all residents via lst. class mail in the event the billing for refuse was placed on the property tax rolls. It was the consensus of Council that they indeed did want to retain the flexibility to meet the requirements of this legislation inasmuch as it was possible that future charges for refuse collection would be based on weight. A brief discussion then centered on the number of delinquent bills that we had last fiscal year, and the process that would be followed in the event people do not pay their bills. Councilwoman Brooks moved, seconded by Councilwoman Lyon to adopt the staff recommendation to direct staff to implement a change in the procedure for refuse disposal service billing and revise the franchise agreement and City Code to (1) allow refuse haulers to stop service for nonpayment of accounts, and ( 2 ) specify that refuse haulers are solely responsible for the collection of delinquent amounts. Motion carried. POSSIBLE TENNIS COURT ACQUISITION (1101 X 1201) City Manager Bussey presented the memorandum of May 3 and the recommendation that if Council is interested in possible acquisition of the Peninsula Racket Club facilities located on the Salvation Amy site that they should consider appointment of a two- member City Council committee to assist the staff in discussions with the appropriate parties. Council discussion included clarification that the club only wants a clubhouse and parking lot on the City Hall site; the tennis courts will remain in their present location and that the Club has an agreement with the Salvation Army that extends until the year 2000. Because there are only six years left in that agreement, however, this is inhibiting the sale of memberships in the club and that now is the time to start consideration of this idea. Mayor Kuykendall appointed an ad hoc committee of himself and Councilwoman Lyon and recommended that if consideration of this matter continues beyond his tenure as mayor that the succeeding mayor also serve on this committee. He then moved, seconded by Councilwoman Brooks to refer this matter to the Recreation & Parks Committee for their study. Motion carried. DALADIER IMPROVEMENT DISTRICT NO. 5A - CONSTRUCTION BID DOCUMENTS (901 X 1204) Kathy Rosen, Project Engineer for Charles Abbott Associates summarized the staff memorandum of May 3 and the recommendation to authorize staff to solicit bids for construction of utility underground improvements in the Daladier Improvement District No. 5A. Ms. Rosen's report gave the background on this underground ing district, presented an analysis of the easements required and the cost thereof, CITY COUNCIL MINUTES MAY 3, 1993 PAGE 9 the approximate cost per parcel, an estimate of the costs for formation of the district, and how those costs would be dispersed amongst the. parcels in the district. City Manager Bussey explained how the savings to the district for Times Mirror Cable work had decreased from $50,000 to $7,000 inasmuch as that company went ahead and installed the overhead lines for connection of their cable system. Council then inquired if there was additional cost for preparation of the bids on this district and the amount of staff time involved in that procedure. Director of Public Works Pulliam responded that the documents were ready to bid and only a minor amount of staff time would be required to go to bid. Speaking against this district were-the following persons: Jere Morgan, 29 Avenida Corona, explained how this will not improve his view in the event a house is built on a lot directly across the street from him, that every house improvement has been two stories, and that his view of the harbor has been obstructed, however he may be assessed $12,000. He felt the cost was too high and that the district should be abandoned. W. D. Mathisen, 2404 Daladier Drive, said that each time there is a hearing on this the majority of people do not want it. Lee McGee, 34 Avenida Corona, summarized the background on this district and the various attempts to get it approved in 1979, 1982, 1985, and 1986. He felt that the assessments would go up 50% not including the expense of running the main line to home. Julian Foley, 2025 Suana Drive, said there have been four attempts to start this district, that the majority of people do not want it, that there are now five streets and 92 homes included and that they were not aware that the petition was being circulated prior to submittal to the city. He also summarized the background on this project. He said there should be a geology report prepared since there is slippage on his property. Lois Larue, 3136 Barkentine, voiced concern about the cost of the district. Speaking in favor of the district were the following persons: Don Swartz, 2038 Daladier Drive, said that more than a small group are interested in this district, that 21 of 92 residents have money on deposit with the City since 1989, and that they are trying to enhance and invest in the City. Their concerns are about safety, and the beauty of the area; there are power outages which happen regularly because they are on the border with the City of Los Angeles. He felt that some of the financing costs were overstated. Al Nakazawa, 2320 Daladier Drive, said he has lived in the area for 24 years. That he was in favor of the district and was elated when discussion of this undergrounding started 14 years ago. He said this will enhance the property, that they did have some fire problems and that all modern communities have utilities undergrounder. Council discussion clarified that this district would be a benefit assessment as opposed to simply a division of the cost amongst the property owners and that this assessment will be based on such things as view enhancement, aesthetics, and safety. Council explained that the reason for past Council overriding the majority protest was to follow the guidelines of the General Plan which calls for enhancing and beautifying the overall City. CITY COUNCIL MINUTES MAY 3, 1993 PAGE 10 Councilwoman Brooks moved, seconded by Councilman Byrd to adopt the staff recommendation to authorize staff to solicit bids for construction of utility underground improvements in the Daladier Improvement District No. 5A. The motion carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE ABSENT: NONE SIGN PERMIT NO. 666 - DISCOVERY WORLD INFANT CENTER & PRESCHOOL (1203) Planning Administrator Petru presented the staff memorandum of May 3, 1994 and the recommendation to approve the request subject to staff recommended conditions of approval. After clarification that the present policy allowed for waiver of the sign fee for non - profit institutions and that this request was from a commercial establishment, Councilman McTaggart moved, seconded by Councilman Byrd to deny the request. Motion carried. CITY COUNCIL REPORTS: Mayor Kuykendall requested that two items be placed on the next agenda under City Council Reports: Taper Avenue Housing and Transportation Items. CITY MANAGER REPORTS: Status of directives. No changes were made to the report as presented. CLOSED SESSION REPORT: City Attorney Lynch reported that the Council met in closed session and rejected an offer made by a property owner to resolve an ongoing dispute concerning a property addition. The Council voted 4 0 ( Councilwoman Brooks being absent from the session.) ADJOURNMENT: At 10:20 P.M. Council adjourned to Saturday, May 14 at 8:00 A.M. for a Community Leader Breakfast at Hesse Park. Lp4p"w2mmn' r� CITY COUNCIL MINUTES MAY 3, 1993 PAGE 11