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HomeMy WebLinkAbout02/05/19911 City Council Minutes Tuesday, February 5, 1991 - 7.00 pm. C4 SURPLUS ClW PROPERTY (File No. 165) Page 2 Council considered declaring various obsolete weapons from the Police Department as listed in Exhibits A and B of the staff report as surplus City property. Resolution No. 6929 (5 -0) adopted declaring the items listed in Exhibits A and B as surplus City property as recommended. C -5 BUDGET CALENDAR (File No. 232) Council approved the Budget Calendar for the 1991.1993 Financial Plan and received and filed Council Goals for 1991 -93 as recommended (5 -0). C-0 COMPREHENSIVE ANNUL FINANCIAL REPORT (Fide No. 233) Council received and filed the Comprehensive Annual Financial Report for fiscal year 1989 -90 (5 -0). C -7 PUBLIC WORKS STANDARDS (File No. 502) Council considered changes to the Engineering Standards for Construction of Public Works Projects to reflect current practice and state- of- the-art techniques in the design and construction of public works facilities. Resolution No. 6930 (5 -0) adopted approving Engineering Standards for Construction of Public Works Projects as recommended. PUBLIC HEARINGS 1. TENTATIVE MAP - 2572 AND 2574 LAWTON STREET (Fide No. 411) Council held a public hearing to consider approval of a tentative map to create three lots from two on the eastern side of Lawton Street between Mitchell Drive and Caudill Street (MS 90 -286); subdividers Jerry and Janetveith (continued from 1/15/91). Arnold Jonas. Community Development Director, briefly reviewed the agenda report with the recommendation that Council adopt a resolution to approve the tentative map with an exception to the lot depth requirement subject to findings, conditions, and code requirements as recommended. He also reminded the Council, that in its previous meeting on January 15, 1991, the Council had voted on a 2 -2 tie vote to approve the tentative map. Subdivider and staff had further evaluated some of the issues raised as related to drainage and sewer. Mayor Dunin declared the public hearing open. Bill Dwyer. engineer for the project, spoke in support of the staff's recommendation and urged the Council to approve the project subject to the conditions identified. Mel Santos representing his mother, an adjacent property owner, expressed concern about drainage run-off as a result of this project's approval. Frank Brown representing his mother -in -law, also urged protection of the lot as it related to drainage. Clemens Bach spoke in support of the applicant, felt that echo block would not have any real advantage. Mayor Dunin declared the public hearing closed. Councilwoman Pinard stated she could support the project with an S designation and an added condition to require echo block. 435 436 City Council Minutes Page 3 Tuesday, February 5, 1991 - 7:00 p.m. Moved by Reiss /Ranm to adopt Resolution No. 6931 (4 -1, Councilwoman Pinard voting no) approving the ` tentative map with exception to the lot depth requirement subject to findings, conditions, and code requirements as recommended. Councilman Roalman requested that staff provide options when it brings back the Creek Widening Policy identifying ways of mitigating the loss of wetlands habitat through some type of in lieu fund for restoration of other wetlands in the community. Upon general consensus, Council concurred. 2. TENTATIVE MAP - 3935 POINSETTIA (File No. 410) Council held a public hearing to consider approval of a tentative map for Tract 1358 which would create 12 residential lots at 3935 Poinsettia and a Specific Plan amendment to eliminate portions of two streets intended to extend into the adjacent County area (continued from 1/15/91). Arnold Jonas Community Development Director, briefly reviewed the Agenda Report with the recommendation that Council 1) adopt a resolution amending the Specific Plan and approving the tentative map with findings and conditions as recommended by the Planning Commission; and 2) direct the Planning Commission to evaluate alternative land uses and circulation patterns for the Specific Plan's secondary planning area, as part of its review of the Land Use Element. Mayor Dunin declared the public hearing open. John French. 3360 Sunflower, spoke in support of the project and reminded Council that a portion of this property was located in the County. He opposed Conditions 1, 2, and 3 relative to transportation impact fees, storm drainage fees, and applicable sewer fees which were included by Council after earlier approval. He did not feel it was fair in light of the other fees he had already been required to pay. Alan Lano, 804 Bougainvillea, opposed development of Lot 12 and did not support approval of a two -story residence. Vera Brown, 805 Dahlia, expressed opposition to the additional traffic on Poinsettia that would be created as part of the approval of this project. Mayor Dunin declared the public hearing closed. Councilwoman Rapp expressed concern that the secondary planning area had not been thoroughly reviewed at the time the specific plan was approved. After discussion, moved by Rappa /Roalman to deny the Specific Plan amendment and adopt Resolution No. 6932 (3 -2, Councilmembers Reiss and Mayor Dunin voting no) to deny the tentative map as being inconsistent with the Specific Plan. Councilwoman Pinard expressed concern that the Specific Plan be integrated with the rest of the neighborhood. She was also concerned about the drainage as expressed by some of the speakers. Moved by Rapp@ / Pinard (M) to direct the Planning Commission to evaluate alternative land use and circulation patterns for the Specific .Plan's secondary planning area as recommended. Motion carried unanimously. 3. DEMOLITION AT 1615 FAIRVIEW (File No. 426) Councilman Reiss stepped down due to a possible conflict of interest. Arnold Jonas. Community Development Director, reviewed the Agenda Report with the recommendation that Council adopt a resolution to deny the appeal and uphold the ARC's action denying the proposed house City ,437 City Council Minutes Page 4 Tuesday, February 5,1991- 7:00 p.m. demolition based on findings that included its historical, architectural, and cultural significance which was recommended to be maintained. Bruce Sievertson member of the Cultural Heritage Committee, urged preservation of the site and expressed concern that the property owner had allowed the property to deteriorate. He felt remodeling this structure could be accommodated. Mayor Dunin declared the public hearing open. Gree Rams ey. representing the hospital, was concerned with the deterioration of the building. Upon question, he stated that the property did not have adequate safeguards. Bill Barker, a consultant engineer from Paso Robles, reviewed various health hazards associated with the project including the foundation, dry rot, and termites. He felt it was a fire hazard and was not historically significant. Duane Morris. Chairman of the Architectural Review Commission, concurred with the CHC's recommendation that it was a historical site. Mayor Dunin declared the public hearing closed. After discussion moved by Roalman /Pinard to adopt Resolution No. 6933 (44-1, Councilman Reiss absent) to deny the appeal and uphold the action of the ARC as recommended. Staff was further directed to review the property with recommendation for securing the site. 8:50 pm. Mayor Dunin declared a recess. 9:10 pm. City Council reconvened, all Councilmembers present. 4. BIA THURSDAY NIGHT RULES & REGULATIONS (File No. 472) Council held a public hearing to consider a resolution to amend the Business Improvement Association's Thursday Night Rules and Regulations and a revised fee schedule for Thursday night activities sponsored by the BIA. Ken Hamnian. Assistant City Administrative Officer, explained that stab was requesting that Item SE of the Rules and Regulations under political, religious, and other informational groups, which reads: E. "banners, pictures, posters, tapes, movies, slides, etc., which show explicit or graphic material may not be displayed" be referred back to the BIA and staff for additional report. Deb Hossli. Administrative Analyst, reviewed the Agenda Report with the recommendation that Council adopt two resolutions, one to approve the BIA revised Thursday Night Activity Rules and Regulations minus SE and approve the revised fee schedule. Mayor Dunin declared the public hearing open. Fred Peterson. 743 Higuera Street, was opposed to the BIA being their own appeals board. He felt that the appeal process should be left intact. Monte Lukov explained that there was redundancy in the way that the appeal process was set up and its reasons for recommending amending it. After discussion, moved by gRga- Reiss, to adopt Resolution No. 6934 (5 -0) approving the BIA's Revised Thursday Night Activities Rules and Regulations with Item SE to be referred back to staff and the BIA for further report and adopted Resolution No. 6935 (5 -0) approving the revised fee schedule as recommended. City Council Minutes Page 5 Tuesday, February 5, 1991 - 7.00 p.m. , 5. GENERAL PLAN LUE & REZONING - ORCUTT I (File No. 463) Councilman Reiss stated for the record that he had to step down due to a possible conflict of interest as he was a property owner across the street from the subject property. Council held a public hearing to consider an appeal of the Planning Commission's action to deny a request to amend the Land Use Element map and rezone a 6.5 acre portion of a 73 acre (GP /r 1454) site from service commercial/tight industrial (C-S) to medium high density residential (R -3) for property located at the southeast corner of Broad Street and Orcutt Road; Wood Investments, appellant and applicant (continued from 11/7/90). Arnold Jonas. Community Development Director, reviewed the Agenda Report with the recommendation that Council deny the General Plan and Rezoning Amendment GP /r 1454, also known as Orcutt I. Mayor Dunin declared the public hearing open. Charles Swen. 2840 El Cerrito, spoke in support of the appeal. Roy Hanff, 569 Lawrence Drive, supported the Planning Commission's recommendation and was concerned about the extra traffic that would be generated as a result. Mayor Dunin declared the public hearing closed. Mayor Dunin was concerned about preservation of the creek and allowing affordable units and could, therefore, support the request. Councilwoman Pinard agreed with the Mayor and felt that the issue of multi- families needed to be addressed. This was near schools, parks, transit, bikeways; she felt the project would enhance the creek and could support the project (councilwoman Ranna felt that this should be looked at in the total context of when the LUE is adopted and would recommend this come back at that time. Councilman Roalman agreed. After discussion, moved by Roalman/Rappa to deny the General Plan and Rezoning. Motion tied (2 -2 -1, Councilmember Pinard and Mayor Dunin voting no, Councilmember Reiss absent). Upon question by the appellant, Councilman Reiss stated again that he was not able to participate in the decision making due to a possible conflict of interest Councilwoman Ranna stated that with the condition of an alternate land use designation other than manufacturing, she might support this as a planned development and have it come back as part of the LUE as such. After discussion, moved by Rapna /Roalman to adopt the resolution to deny the General Plan amendment and that the site be considered for rezoning as part of the General Plan update. Motion tied (2 -2 -1, Councilmern Pinard and Mayor Dunin voting no, Councilmember Reiss absent). Upon general consensus, no final action was taken and the staff was directed to bring this issue back on or about August 1, 1991, fora status report Councilman Reiss returned to the dias. 6. LONG -TERM FINANCIAL HEALTH (File No. 1023) Council considered the recommendations of the Citizen's Advisory Committee on the City's long -term financial , health. 439 City Council Minutes Page 6 Tuesday, February 5, 1991 - 7:00 pm Bill Statler. Finance Director, briefly reviewed the Agenda Report with the recommendation that the Council consider the recommendations of the CAC on the City's long term financial health. He reviewed a number of specific actions that Council would have to take in implementing the recommended policy and revenue measures necessary to insure the City's long term financial health. They included the A) downtown parking fees; B) increasing the Transient Occupancy Tax from 690 to M,, C) increasing water and sewer connection fees; D) increasing development review fees relative to planning, building, safety, and engineering; E) a traffic impact fee; F) updating the Business Tax Ordinance; G) looking at other development impact fees; and, H) increasing recreation fees. Bill Pi per. member of the CAC, reviewed the CAC's recommendations and reminded Council of the importance that Cal Poly plays in the City's economic health. He also supported encouraging tourism. He differed slightly with the recommendation in the report, stating that the committee had supported a graduated bed tax increase rather than going from six to nine percent in one action. After brief discussion, no final action was taken on this item except to receive and file the recommendations of the CAC and approve the projected time frames for the action plan. 7. LAGUNA LAKE MANAGEMENT (File No. 883) Due to the length of the agenda and upon general consensus, this item was continued. The issue of the future management of Laguna Lake, particularly options for removal of sedimentation was continued to date certain Tuesday, February 19, 1991. 8. BUSINESS LICENSE TAX REVIEW WORKSCOPE (File No. 296) Council considered the workscope for the review and evaluation of the City's existing Business License Tax Ordinance. Bill Statler, Finance Director, briefly reviewed the report with the recommendation that Council adopt the workscope as recommended. The key areas were A) purpose of the business tax ordinance; B) Business Tax review goals; C) key elements of the review; D) special considerations; E) impacts of the revised ordinance; and, F) action plan and schedule. 9. AWARD OF COPIER CONTRACT (File No. 90-34) Council considered the award of contract for the purchase of six Minolta copiers to the firm of Copytron in the amount of $54,965.25 (continued from 10/16/90 and 11/7/90). Bill Statler, Finance Director, reviewed the report with the recommendation that Council award the contract for the purchase of the six Minoltr copiers to the firm of Copytron and authorize the Mayor to execute the purchase agreement as recommended. Mayor Dunin asked .for public comment Betty Sanders, 1877 Oceanaire Drive, an attorney for More Office Systems, which is the maker of Canon, stated that their bid was 262590 lower than Minolta, that their product was equal or better than Minolta's, and urged that Council award to them. the lower bidder. Ralph Blackshon, with Copytron, stated that they are a local business, having been in business since 1964, and urged support of the recommended action. Mary Kopecky, City employee of the Personnel Department, spoke to the merits of the Minolta copiers. They have had various vendor demonstrations and it was clear to her that Minolta was the preferred piece of equipment. Em City Council Minutes Page 7 Tuesday, February 5, 1991 - 7:00 p.m. Allen Hopkins. Community Development Department, felt that productivity was a significant factor which Minolta provided. Viv Dilts also spoke in support of Minolta. Barbara Ehrbar spoke in support of Minolta. Victor Gazin owner of More Office Systems, felt that there had been an unfair orchestration by the employees. After brief discussion, moved by Roalman /Rama. Contract #A- 65 -90-CA (5 -0) was approved for the purchase of six Minolta copiers and awarded to the Cum of Copytron in the amount of $54,965.25 as recommended. 10. TRANSPORTATION DEVELOPMENT ACT FUND (File No. 1155.1) Council considered the 1990 -91 annual claim for Transportation Development Act funds totaling $819,537.00 (continued from 1/15/91). Moved by Rappa /Pinard. Resolution No. 6936 was adopted approving the annual TDA claim as recommended. Motion carried nnanimoasly. .._.M COUNCIL LIAISON REPORTS C -1 Councilwoman RaDDa provided the 1990 Annual Report for the Citizen's Advisory Committee to the California Men's Colony. C -2 Councilwoman Rappa provided the minutes from the Joint Cities- County School District Advisory Committee. C -3 Councilwoman Rapua informed Council that recent legislation is being discussed relative to booking fees and property tax administration. C4 Staff directed to look into providing portable restrooms for Mardi Gras. 11:25 pm. Mayor Dunin adjourned the meeting to Closed Session to discuss possible litigation at property located at 955 Monterey Street, known as Court Street. 12:05 am. There being no further business to come before the City Council, Mayor Dunin adjourned the meeting to Monday, February 11, 1991, at 7:00 p.m..., APPROVED BY COUNCIL: 7/16/91 PV:cmh F1