HomeMy WebLinkAbout06/18/74yr,
City Council Regular Meeting, Tuesday,,June 18, 1974 - 7:30 p.m.
Pledge of Allegiance -
Roll Call - Present:.
Absent:
Approval of Minutes -
led by, Councilwoman Tyson
Councilmen Barks, Doerfling, Tyson, Widman, Mayor Post
None
Regular Meeting, June 4, 1974 - Widman, Doerfling.
So ordered.
A. Improvement Awards, May, 1974:
22 = 14th Street; Commercial -
Residential - Mr. Jerry Freese,
Der Wienerschnitzel, 1101 PCH.
1. to grant the appeal from denial of conditional use permit to conduct
cocktail bar business at 22 Pier Avenue as set'forth in Planning
Commission Resolution P.C. 154-969 and refer this matter back. to the
Planning Commission and direct that the Planning Commission take note
of the conditions outlined in Analysis C-74-11 dated May .9,1974
requiring: (1) That the permit is temporary for a period of six
months andsubject to review and renewal or cancellation at the end
of that time; (2) That all noise and music be confined to the
premises; (3) That no live entertainment or dancing be permitted;
(4) That hours of operation be 12:00 Noon to 2:00 a.m. with no
occupancy of the premises after 2:30 a.m.; (5) That exterior and all
signs be subject to review and approval of the Improvement Commission;
(6) That no electronic or mechanical coin-operated games are permitted,
with an additional condition (7) That there be a phasing in of on
premises hot meal service within six months, with a request that the
Planning Commission act, upon this matter at their next meeting to be
held on June 24, 1974 so that this matter can be placed on the agenda
for the next regular meeting of the City Council to be held on '
July 2, 1974, for final disposition. Widman, Post. Carried. 2½11,0,0.
A1
1✓
2., to grant the appeal from granting of a lot split on property located
at the corner of valley Drive and Herondo Street to Sunnyglen
/Construction C3i0, inc . as set forth in Board o ZonthAgsAd� ustment
bohta Resolution B.Z.A. 154-136, and refer this matter back b the Board
of Zoning Adjustment for further consideration, report and recommen-
dation. Doerfling, Post, Carried. All, none, none.
and'
3.(Request fo.r.stemporaryaconditional.huselperm ��t �touic.onduct open air
` bicycle rental business at 125 Hermosa Avenue withdrawn by applicant).
4. Consent Calendar: Post, Widman. Carried. All, none, none.
(a) to refer all suggested bike routes to staff for meetings with
residents of the adjacent areas.
(b) To refer maps setting out proposed traffic circulation patterns
o sfoththe northwest area to the staff to establish a date for
meeting with area residents.
(c) to receive and file a memorandum regarding improved visibility
for stop signs at Second Street and Ardmore Avenue dated June 10,
1974 and request from the Engineering Department a cost estimate
for a flashing light for this location to be considered at the
July 2 meeting of the City Council. (Request from councilman Barks)
7/Y
(d) to deny a.claim for personal injuries and property damage filed
/by Mr. Robert B. Irvin and refer this matter to the City's
insurance carrier.
(e) to accept with regret the resignation of Daniel J. Clinton from
/the improvement Commission and direct the staff to prepare an
(; +appropriate plaque of appreciation for his service to the City
since his appointment on April 20, 1971.
(f) To receive and file communication from Board of Appeals regarding
Towne Hall Committee request for consideration as official
commission.
5. to direct the staff to prepare an appropriate resolution pursuantLto
provisions of Section 2167.1 of the Revenue and Taxation Code electing
to pay the amount the City would have derived from library district
taxes direct to the County of Los Angeles and set the property tax
rate in an amount equal to thatrratefor the fiscal year 1974-75 in
order to benefit from the revenue sharing formula without an actual
increase in the amount of property tax, and direct the staff to place
a front page article in the next City Newsletter explaining this
action to the taxpayers. Barks, Widman. So ordered.
s � n
City Council - 6/18/74 -2-
6. to adopt Resolution• N. S. 3310 entitled: "A RESOLUTION OF
THE CITY COUNCIL OF T -e HERMOSA BEACH, CALIFORNIA, ACCEPTING
THE PHASE III RECOMMENDATIONS FOR "A PUBLIC TRANSPORTATION IMPROVE -
NT PROGRAM" PRESENTED BY THE SOUTHERN CALIFORNIA RAPID TRANSIT
DISTRICT" as modified. Post, Doerfling. Carried. All, none, none.
(Modification was taking out request for future consideration of South
Bay Corridor, since SCRTD put it back in already)
7. to waive further reading. Post, Doerfling. Carried. All,none,none.
and
to adopt Ordinance N. S. 49
entitled: "AN ORDINANCE OF THE
CITY OF HERMOSA BEA7-CA ORNIA, AMENDING CHAPTER 2, SECTION 2-1
OF THE CITY CODE RELATING TO THE TIME OF THE REGULAR MEETINGS OF
THE CITY COUNCIL." Post, Doerfling. Carried. All, none, none.
Schedule for regular meetings of City Council will run
as follows: July 2 - July 16.- August 13. -August 27 - etc.
6/i-7/7 �G
Note:
8. City Council - Miscellaneous:
(a) Councilman Widman pointed.out that the State Superior Court
had upheld the. 1973 Conflict of interests• Act and directed staff
to secure forms necessary to carry out the intent of the act.
(Have been holding these since last March; and they will be
distributed as soon as Attorney General's office verifies that
there will be no change in forms. or procedures)
(b) Councilman Widman requested that the Park and Recreation
Commission investigate alternate possibilities of instituting
/
some kind of child day care programs; availability of funds
both private and public with possibility of using schools in
mind and what our neighboring cities are doing in this regard.
Council concurred with this request. sr -4.1"'P -12 -21—j2 --
(c) Councilman Doerfling reported that Assembly Ways and Means
Committee had approved AB 3611, the "Beach Bill" which would
compensate for costs of use of beach by visitors, and that it
was on its way to the Senate. Mr. Herb Besant wants names and
addresses of committee members who need persuasion.for letter -
writing campaign.
(d) Councilwoman Tyson pointed out'that students would be attending
Valley Vista from new locations in City and requested that new
traffic pattern that would be established be considered by
Engineering. Department and that City'cooperate jwith Schools re
safe crossing of. railroad tracks, etc.
(e) Mayor Post pointed out that county helped City a lot. with getting
approval of "Beach Bill" even though no funds will go to County,
and suggested that we remember'that the best thing we can do is
.to work together with County.
(f) Mayor Post urged that Council take every opportunity to join
with groups opposing off shore oil drilling and leasing of
offshore oil rights.by Federal Government.
(g) Mayor Post called attention to fact that Coastal Zone Commission
would be holding meeting on June 24 at 3 p.m. in Long Beach re
c•aas•coa"stal'Land Environment Element for 1976 Plan being formulated.
Urged that City be represented.
)" Mayor Post said he had letter from Mayor Bradley of Los Angeles
requesting support for L.A. for 1980 Olympic Games. Said he had
no interest but if other Councilmen wished to support he would
transmit letter. No takers.
(i)
Mayor Post asked that staff investigate possibility of putting
formation of Park Assessment District on November ballot and
whether the school district would be interested in joining with
City or initiating such an issue - also City Attorney to look
at legal aspects ahead of time - possibly info to Council on
July 2 agenda.
Mayor Post called for a brief recess at 8:55 p.m. and the meeting was
called back to order at 9 p.m.
City Council - 8/16/74
-3-
9.1 to adopt Resolution No. . S. 3311 entitled: "A RESOLUTION OF THE
ITY COUNCIL.OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING
FINAL MAP)OF TRACT NO. 31559 FOR CONDOMINIUM PURPOSES.-" Post,
Doerfling! Carried. All, none, none.
10. (Out of order due to procedural problems which required pondering
time for ;City Atty)
11. to authorize the refund of $750000variance filing fee to Messrs.
Dennis Sewart and Timothy H. Crawford as requested by memorandum
dated June 3, 1974 from Board of Zoning Adjustment. Post, Widman.
Carried. All, none, none.
12. o authorize the refund of $150.00 lot split fee to Mr. A. G. Isgreen,
as requested in memorandum dated June 10, 1974 from Board of Zoning
Adjustment. Widman, Tyson. Carried. All, none, none.
13. Non -Agenda Items from Audience:
(a) Mr. Herb Besant, 2207 PCH - Apologized for losing his head at
the last Council meeting. "I was off base. I am an old man and
I believe in doing things NOW! I have spent two years picking
up trash on PCH. Channel 7 TV followed me on my pick-up
tonight." Wants Council to turn over.$4,000 to the kids, "and
THEY run it and they clean the City up. You let the kids handle
d2t,ynot,youra'lYou'll make politicians out of them and businessmen
out of them and you'll keep them off the streets." Councilman
Widman asked that the City Manager check with the Recreation
Director re taking advantage of summer work funds. to hire school
kids for summer work projects.
(b) Mr. Marvin May, 960 - 2nd Street, objected vigor3oitsly to fact
fthat one-way barricade on 2nd Street had been set back from PCH.
Action - to direct the Depaftment of Public Works to reloeatee='
.l����v one way street barrier at Second Street and Pacific Coast High-
�l7 way at said intersection unless problems are anticipated by the
1 City Engineer. Post, Doerfling. So ordered.
Mr. Ray Rogriguez, 1306 Corona Street - Presented summary of
Towne Hall meertingeheld on June 12, 1974 regarding July 4th,
problems. Council should appoint 4th of July 1975; Bicentennial
Committee for appropriate observance. Towne Hall also requested
space in Z&tyNewsletter at approach of their second anniversary,
and Council concurred with that request.
(c)
10. to accept the recommendation of the City Attorney and deny approval
of Tentative Tract Map No. 32494 for procedural purposes, referring
this matter back to the Planning Commission pending input from the
Improvement Commission acting as the Design Review Board so that the
Planning Commission can review the total package and transmit to the
City Council their recommendation as to the total package, with waiver
of any additional filing fee and with equal opportunity for the
developer to be heard throughout said procedures. Widman, Post.
Carried. All, none, none. (Townhouse condominium, 331 Manhattan Ave)
14. to adopt Resolutio No. N. S. 3312 entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE. SA BEACH, CALIFORNIA, AMENDING --
RESOLUTION NO. N.$;. 2435, AS AMENDED, BY ESTABLISHING A STOP INTER-
I/SECTION AS HEREIN SET FORTH". (35th Street, entrance to intersection
➢,`with Hermosa Avenue, south bound traffic only) Widman, Doerfling.
,P Carried. All, none, none.
15. to approve an Agreement with the City of Redondo Beach for a period
of twenty-five years permitting this City to connect its sewers from
Lots 18, 19 and 20 of the Hermosa Heights Tract, located at 1255 Fifth
Street, 1261 Fifth Street and 1265 Fifth Street to their sewerage
systems, with payments of $331.25 for each of said residential lots
/ then connected to the city of Redondo Beach sewer to be :peinibhrsed to
�c the city of Hermosa Beach by the property owners. Widman, Post.
Carried. All, none, none.
City Council - 6/18/74 -4-
16. to initiate action to notify officially property owners within
Underground Utilities Assessment District No. 71-1 that they must
comply with the requirement that they convert their overhead service
drops to underground within thirty days or the City will proceed to
1have the work done and the costs assessed against the. property,
subject to staff review and discussion with affected residents.
Widman, Post. Carried. All, none, none.
Note: Councilman Barks requests that the minutes of Council meeting
ordering removal of overhead lines be given to Council - one
property owner says' City promised certain things to property
owners and was going back on promise. Said minutes attached -
promise was requested, but was not made.by Council in any way.
17. to accept the recommendation of the Public Works Director and award
he contract for the purchase of an International Harvester Mddel
2500 A Tractor with Loader and Backhoe for the low bid of $12,700.00
from International Harvester Company, 620 E. Katella, Anaheim,
California. Widman, Post. Carried. All, none, none.
18. to call for a public hearing regarding the Preliminary Budget for
the fiscal year 1974-75 to be held on Wednesday, June 26, 1974 in
the. Council Chamber, City Hall, at 7:30 p.m. Council concurred. 4
19a.zto deny claim for damages filed by Mr. John Wilson and refer this
,�., matter to the City's insurance carrier. Widman, Post. So ordered.
19b. to refer the petition dated June 8, 1974 requesting pertain changes
/to any plans to curtail traffic through City on July 4, 1974 to the
Police Department for consideration. Post, Doerfling. So ordered.
City Manager - Miscellaneous:
1-6
aa': Mr..Diller reported to Council re Workman Compensation Liability
Insurance Management Program - will report fully at budget
session regarding problem of excessive cost and possible'solution.
bb?;`' Action - to authorize removal of trash cans from Strand and
placement on west side of Strand wall; relocation of Strand
benche'1 and painting of white line down entire length of Strand
/1/111/1/"/
to separate bicyclists from pedestrians. f `, for trial period.
Barks, Widman. So ordered. ,
Note: Councilman Barks also:Wanted signs posted at' each end
of Strand; might consult him re this suggestion.
'.) o accept the recommendation of the City Manager and waive ,7
competitive bid requirements on the purchase of security
AW4-4-'hardware for proposed revisions to Police Department structure.
Doerfling, Post. Carried. All, none, none.
20. to receive and file the City Treasurer's Report for the month of
June, 1974. Doerfling, Post. So ordered.
21. to adjourn to a personnel session to discuss Management and Middle
Management Employment Agreements and City Commission and Board
vacancies. Post, Tyson.
Adjourned 10:20 p.m. - Reconvened 11 p.m.
Action to approve a Memorandum of Understanding with the
Hermosa Beach Management and Middle Management Employees' Association
and the proposal of salary benefits for the fiscal year 1e74-75
calling for a 6/ cost of living increase in wages; City contribution
,I1-"( of $13.00 per month toward a dental insurance plan; and City
contribution of $9.00 per month toward income maintenance (disability
insurance). Widman, Post. Unanimous voice vote.
and _
commencing July 1, 1974 to approve a 6% across the board cost ,_
/ living increase in wages for department heads and Civil Service
v Middle;Management, the City Attorney, the City Prosecutor, and said
increase to apply to compensation for additional duties for City
'Clerk and City Treasurer, with- City._to-� provide dental. ':insurance_
-coverage-equivalent- to --that -of Union-members:.—_P_ost, Wildman.
Unanimous voice vote.
City Council - 6/18/74
Planning Commission:
VTo confirm
/for a full
,To appoint
Commission
Board of
v
'to reappoint Mr. Lee Alton for a term
-5-
the appointment of Mr. David Burt to the Planning Commission
term to expire June 30, 1977;
Miss Susan Haller (currently member of BZA) to the Planning
for a full term.to expire June 30, 1978.
Zoning Adjustment:
expiring June 30, 1976;
o appoint Mr. Don Baxter, 534 - 3rd Street
ifrexpiring June 30, 1976;.
22.
(374-4177) to serve a term
that Demand and Warrant No. 13805, dated June 5, 1974, in the amount
of $71,134.09 be approved and that Demands Nos. 13806 through 13867,
inclusive, dated June 18, 1974, be approved and Warrants drawn to
pay same. Post,.:Doerfling. Carried. All, none, none.41_2711
Adjournment - 11 p.m. - Post, lrkonv.. To adjourned regular meeting
to be held on Wednesday, June 26, 1974 in Council Chamber, City Hall,
at 7:30 p.m. for Budget Session re 1974-75 Preliminary Budget and
"whatever else is appropriate".
6/19/74
bf
City of Hermosa Beach, California 90254
AGENDA —CITY COUNCIL MEETING --Tuesday, June 18, 1974 - 7:30 p.
• Council Chamber -'City Hall
PLEDGE OF ALLEGIANCE -'-.}P771
ROLL CALL
APPROVAL OF MINUTES
A.
- Regular Meeting of
IMPROVEMENT AWARDS - MAY, 1974:
Residential: Mr.
Commercial: Der
PUBLIC HEARINGS:
June 4, 1974./
Jerry Freese, 22 - 14th Street;
Wienerschnitzel, 1101 Pacific Coast Highway.
At
1. PUBLIC HEARING - APPEAL FROM DENIAL OF CONDITIONAL USE PERMIT
TO CONDUCT COCKTAIL BAR BUSINESS AT 22 PIER AVENUE - PERNO T.
BRYANT AND LLOYD W. SCOTT, APPLICANTS - Appeal received May 31,
1974; Planning Commission Resolution P.C. 154-969, adopted
May 28, 1974; Memorandum from Downtown Committee dated May 28,
1974; letter of support from downtown businessmen bearing 15
signatures; memorandum from City Planner dated May 9, 1974;
Analysis dated May 9, 1974;:Preliminary Environmental Impact
Report dated May 9, 1974; Police Report dated April 24, 1974;
Application dated April 24, 1974. Letter of opposition received
June 10, 1974 from Jean's Apparel Shops, Inc., 73 Pier Avenue.
Memora dum dated n 1 2, 1974 from J.:B.•Mirassou, City Attorney.
PUBLI HE APPEAL FROM LOT SPLIT ON PROPERTY LOCATED AT
THE CORNER OF VALLEY DRIVE AND HERONDO STREET - SUNNYGLEN
CONSTRUCTION CO., INC., APPLICANT - MISS SUSAN HALLER/MRS. CORALIE
EBEY, APPELLANTS - Appeals dated May 21, 1974, from Miss Haller'
and Mrs. Ebey; Board of zoning Adjustment Resolution B.Z.A. 154-
,,,,,m- 136, adopted May 6, 1974; letter dated April 2, 1974 from Andrew R.
Spencer, Attorney at Law, 100 Oceangate Avenue, Long Beach;
Minutes of meeting of Board of Zoning Adjustment, May 6, 1974;
Analysis; Zoning/Environmental Impact Statement dated April 22,
1974; Request for Lot Split, dated April 12, 1974. Memorandum
dated June 111,E 1974 from Rod Merl, Environmental Control Officer.
PUBLIC HEARING - APPEAL FROM GRANTING OF TEMPORARY CONDITIONAL
USE PERMIT FOR OPEN AIR BICYCLE RENTAL BUSINESS AT 125 HERMOSA
AVENUE - MR. JOSEPH FALZONE, APPLICANT - MR. DENNIS ALLEN SOWERS,
APPELLANT - Continued from regular Dmeeting of June 4, 1974 for
hearing by. full Council. //G �.�[ �,.e',„
CONSENT CALENDAR: All matters listed below will be enacted by
one motion as suggested by staff with the unanimous consent of
the City Council. There will be no separate discussion of these
items unless good cause is shown by a member of the Council prior
to the time the Council votes on the motion to adopt said calendar.
3.
.i,
Suggested Bike Routes - Memorandum dated June 10, 1974 from
Edward T. Putz, Assistant City Engineer. To refer to staff
for meeting with residents of adjacent areas.
Traffic Circulation, Northwest Hermosa Beach - Maps prepared
by Edward T. Putz, Assistant City Engineer. To refer to staff
to establish. date for meeting with area residents.
Stop Signs, 2nd Street/Ardmore Avenue - improved Visibility -
Memorandum dated June 10, 1974 from Edward T. Putz, Assistant
City Engineer. To receive and file.
Claim for Personal Injuries and property Damage - Mr. Robert
B. Irvin, 237 Pacific Coast Highway. Deny and refer to
City's insurance carrier.
City Council Agenda - June 18, 1974
Consent Calendar: (continued)
(e)
Improvement Commission - Letter of Resignation- dated
June 10, 1974 from Daniel J. Clinton, 2475 Silverstrand
Avenue. To accept with regret and direct staff to prepare
an appropriate plaque for service since April 20, 1971.
(f) Towne Hall Committee - Report from Board of Appeals regarding
request to become official City Commission, dated June 5, 1974.
To receive and file.
MISCELLANEOUS ITEMS AND REPORTS -- CITY COUNCIL:
5. LIBRARY TAX -ASSEMBLY BILL 1588 - Memorandum dated June 11, 1974
from Earl Diller, City Manager; memorandum dated June 3, 1974
from Mary R. Stonier, City Treasurer; Sample resolution adopted
by City of Manhattan Beach. Discussion requested by Councilman
Barks.
6. PUBLIC TRANSPORTATION IMPROVEMENT PROGRAM, PHASE III RECOMMENDA-
TIONS FROM SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT - Proposed
resolution. Discussion requested by Mayor Post.
/vo,. /;a, .f. 33Tn
7. CHANGE OF REGULAR MEETING SCHEDULE OF CITY,COUNCILTO.SECOND AND
FOURTH TUESDAY OF EACH MONTH - ORDINANCE ATO. N. S. f192, INTRODUCED.
JUNE 4,; 1974. For waiver of further readilig-and--adbption. •
8. OTHER MATTERS -City Council.
CITY COMMISSIONS, BOARDS AND COMMITTEES:
9.
FINAL MAP, TRACT NO. 31559 - CONDOMINIUM CONVERSION, 64 UNITS,
2411 PROSPECT AVENUE - DONALD HAGGERTY, OWNER - Memorandum dated
May 30, 1974 from planning Commission. 3,37
4.. 100.51:.5..
1Q. TENTATIVE TRACT NO. 32494 - TOWNHOUSE CONDOMINIUM SUBDIVISION,
331 MANHATTAN AVENUE - TERRACO INVESTMENTS, OWNER - Memorandum
dated May 28,:1974 from Planning Commission; Analysis dated
L`: May 9, 1974; Application dated April 18, 1974. EIR dated May 9, 1974.
Application for permit for conditional use, dated April 18, 1974;
Analysis dated May 9, 1974; planning Commission Resolution P.C...
154-964, dated May.13, 1974.
11. VARIANCE FILING FEE - REQUEST FOR REFUND - Memorandum dated June 3,
1974 from Board of Zoning Adjustment; memorandum dated June 19,
1974.from Ralph Grippo, Building Director; minutes of regular .
meeting of Board of zoning Adjustment,.May 20, 1974.
12. LOT SPLIT FILING FEE - REQUEST FOR REFUND - Letter dated June 6;
/;"� 1974 from Mr. A. G. Isgreen, 726 Prospect Avenue; memorandum
" dated June 10, 1974 from Board of Zoning Adjustment.
13. NON -AGENDA ITEMS FROM AUDIENCE - FIFTEEN MINUTE DISCUSSION PERIOD.
(Any person wishing to call the attention of the City Council to
a matter not listed on this agenda or covered by previous
communication is invited to do so at this time.)
MUNICIPAL MATTERS:
14. STOP SIGN, INTERSECTION OF THIRTY-FIFTH STREET AND HERMOSA AVENUE -
Memorandum dated June 10, 1974 from Rod Merl, Environmental. Control
Officer; memorandum dated. June 10, 1974 from Edward T. Putz,
Assistant City Engineer. Proposed resolution for adoption.
15. SEWER CONNECTION AGREEMENT - CITIES OF HERMOSA BEACH/REDONDO
.,7t,c rte` BEACH - Memorandum dated June 4,, 1974 from Gerald P. Taylor,
���7 City Engineer. Proposed agreement for approval and authorization
of Mayor and City Clerk to sign.
16. UNDERGROUND UTILITIES ASSESSMENT DISTRICT NO. 71-1 - Memorandum
dated June 4, 1974, from Gerald Taylor, City Engineer. For
initiation of action to assess underground conversion where
necessary due to lack of compliance by property owners.
City Council Agenda - June 18, 1974
1.7 .
u2� 5
TRACTOR WITH LOADER AND BACKHOE - ANALYSIS OF BIDS AND AWARD OF
CONTRACT - Memorandum dated June 10, 1974 from John -P. Reynolds,
Public Works Director.
18. PRELIMINARY BUDGET, FISCAL YEAR 1974-75 - REQUEST TO SET DATE
FOR PUBLIC HEARING - Memorandum dated June 11, 1974 from Earl
Diller, City Manager.
,
19. MISCELLANEOUS REPORTS - CITY MANAGER.
20. CITY TREASURER'S REPORT - MAY, 1974.
21. PERSONNEL SESSION: (a) Management and Middle Management Employ-
ment Agreement; (b) City Commission and Board Vacancies.
22. DEMANDS AND WARRANTS.
ADJOURNMENT
6/19/74
City Council Meeting - June 18, 1974
Item 2. .Appeal from grant of lot split to Sunnyglen:
City Atty: `(Started "listening" when you said) This lot split
has been the subject of a lot of legal analysis for a substantial
length of time. (Then lots about Sunnyglen in good faith and
initial plan and prior requirements and Bud Trott) (Started listening
again when you said) I had conversations with the attorney for
Sunnyglen and the principals and at one point in time it was my
feeling and recommendation that they were at a crossroads and
could pursue their legal remedy on the theory that they had a
right to develop, or in the alternate they could proceed to have the
Board of zoning Adjustment and the council review this matter but
that in so doing they were submitting themselves to the discretion
of the Council by requesting the. lot split. Why did you request
the'lot split if you had the absolute right to the lot split?
That is why it is my opinion that you have a right to exercise
this discretion if you see fit in granting or denying this appeal.
Applicant was submitting what was in essence a contract zoning
or contract lot split situation. Obviously the Board of Zoning
Adjustment cannot impose upon an applicant for a lot split the
requirement to build a certain number of units if in fact it is a
lot split, or that the side yard setbacks must be of a special
distance or that curbs and gutters and other matters must be accom-
plished as set :forth in B.Z.A. 154-136, but in essence items 1 through
7 and in addition thereto the item 8 which was the waiver of a
disputed claim which was--/Tinterrupted here for some reason)
So in essence I believe that the developers have always acted in
good faith; however, they submitted:themselves to the discretion of.
the, Board of Zoning Adjustment and the Council -- and that you have
given them their hearings and whether you grant or deny I believe
you will have utilized your sound discretion.
Vem
J
6/19/74 .
City Council meeting - June 18, 1974
Item 10. Approval of Tentative Tract Map No..32494
City Atty: (Was alerted to this one, but am not sure what you
want to do with what you came up with. Any suggestions re elegant
wording?) The problem here is where does jurisdiction lie in the
Subdivision Map Act. You would like to see the proposed develop-
ment and would like some input from the Improvement Commission so
..you can get a total package rather than approving piecemeal. HIC
has preliminary drawing of design and then developer comes back with
final design. if what you want to do is approve or deny in total,
I don't think we have any procedure to do that. That leaves us with
.the option to either approve or deny. If the applicant was here
he could waive the 50 day rule.
If you want further input, deny and refer back to the Planning
Commission. Ask them to hold this matter until such time as all
materials can be referred to you at the same time, and so inform
the property owner - that the denial was' for procedural and juris-
dictional processes. Waive any further filing fees. And the
Planning Commission will review this as a package and send it back
to you as a package and your actions tonight are not to be construed
as prejudgment of final action. We are just making up a procedure
here. The developer has his right to be heard at all times and he
will be treated equally. •