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HomeMy WebLinkAbout05/25/1993City Council Minutes Tuesday, May 25,1993 - 7:00 p.m. City Staff Page 2 Present John Dunn, City Administrative Officer; Ken Hampian, Assistant City Administrative Officer, Jeff Jorgensen, City Attorney; Kim Condon, Assistant City Clerk; Arnold Jonas, Community Development Director, Ron Whisenand, Development Review Manager, John Moss, Acting Utilities Director; Mike McCluskey, Public Works Director, Deb Hossli, Administrative Analyst PUBLIC COMMENT PERIOD PC1. Leola Rubottom, 3960 South Higuera, Space 21 (Creekside Mobile Home Park), asked that the City provide a representative to help interpret mobile home laws. PC2. Christine Peralta, 1334 Diablo Drive, asked the Council to agendize the issue of medical marijuana. PC3. Davin Galiaaher, 1105 George Street, requested that the Council consider amending the Zoning Regulations regarding non- conforming lots. PC4. Randy Davis. 1534 Osos Street, expressed concern about traffic speed on Osos Street and requested a stop sign on Osos and Leff Streets. CONSENT AGENDA Moved by Romero/Roalman to approve the Consent Calendar as recommended by the City Administrative Officer, motion carried 4-0-1, Council Member Rappa absent C-1 COUNCIL MINUTES Council considered minutes of Tuesday, April 20, 1993 at 7:00 P.M. Moved by Romero /Roalman to waive oral reading and approve as amended; (motion carried 4-0-1, Council Member Rappa absent). C-2 SEWER FUND RATE REVIEW (File No. 525) Council considered the Sewer Fund Rate. Moved by Romero /Roalman to receive and file report; motion carried (4 -0-1, Council Member Rappa absent). PUBLIC HEARINGS 1. REZONING & SUBDIVISION - LAUREL LANE (File No. 463) Council held a public hearing to consider subdivision and planned development rezoning to create 46 residential lots, private streets and recreation area, on a 7-acre parcel on the southwest comer of Laurel Lane and Southwood Drive (1190 Laurel Lane - PD B-93 & TR 13 -93); Stanley and Elizabeth Bell, applicants (continued from 5/16/93). 1 City Council Minutes Page 3 Tuesday, May 25, 1993 - 7:00 p.m. t Arnold Jonas Community Development Director, summarized the staff report. Ron Whisenand, Development Review Manager, responded to Council's concerns about the sound wall running along Laurel Lane and Southwood Drive and explained that it would be bermed. Mayor Pinard opened the public hearing. Mike Multari, 641 Higuera Street, representing applicants Stan and Elizabeth Bell, outlined the innovative features of the project and said that It would provide family housing at a reasonable price. Brett Cross. 1217 Mariner's Cove, was opposed to the sound wall on Laurel Lane and urged Council not to allow iL Mayor Pinard closed the public hearing. Council discussed the affordable housing condition and George Moylan, Executive Director of the City Housing Authority, was asked for input on the matter. George Movian said that those in the City who really need affordable housing are low and very low income people who could not afford to purchase in this. development. Moved by Settle/Roalman to introduce to print Ordinance No. 1239 approving the planned development overlay zoning and preliminary development plan; and adopt Resolution No. 8173 approving map with conditions as amended to exclude maintenance of sewer mains as a responsibility of the homeowner's association, subdivider to dedicate both water and sewer system easement in Condition 14, sound wall conditions to be amended to state that the wall on Southwood Drive be at the lowest acceptable height to meet noise mitigation, and deletion of affordable housing condition. The developer is to pay for underground conduit on Laurel Lane; motion carried (3 -1 -1, Mayor Pinard voting no, Council Member Rappa absent). Moved by Pinard /Settle to refer to staff a new City-wide policy that in order to meet City noise standards, every citizen be entitled to the same noise protection and entitled to construct a sound attenuation wall within the constraints of their existing properties acknowledging the maximum use of their property; motion failed (2 -2 -1; Council Members Roalman and Romero voting no, Council Member Rappa absent). 9:20 p.m., Mayor Pinard declared a recess. 9:40 p.m., Mayor Pinard reconvened the meeting; Council Member Rappa absent. 2. CABLE TELEVISION ORDINANCE (File No. 143) Council held a public hearing to consider an ordinance establishing a Cable Television ordinance governing all cable television operators in the City and a thirty day extension of the Sonic Cable franchise in order to conclude negotiations. Deb Hossli, Administrative Analyst, reviewed the staff report. Mayor Pinard opened the public hearing. There was no comment. City Council Minutes Tuesday, May 25, 1993 - 7:00 p.m. Mayor Pinard closed the public hearing. Page 4 After brief discussion, moved by Settle /Romero to introduce to print Ordinance No. 1235 and authorize CAO to execute a thirty day extension to the Sonic Cable franchise; motion carried (440 -1, Council Member Rappa absent). BUSINESS ITEMS 3. PRADO ROAD PROJECT STRUCTURES (File No. 463) Council considered which action takes precedence in a case where the Architectural Review Commission's action to require structures, including an unoccupied existing older home and out buildings, be retained in a project at 40 Prado Road conflicts with the preliminary development plan approved by the City Council (GP /R 1516, .PD 1517). Arnold Jonas. Community Development Director, informed the Council that the Chief Building Official had inspected the residence and found substantial dry rot and other structural damage of concern. The Cultural Heritage Committee had proposed that the house be relocated to another site. Mr. Jonas asked the Council not only for a determination on this specific matter, but also to consider policy and procedure in similar cases that may or may not occur in the future. Council discussed the Building Official's authority over demolitions and policies regarding historical structures and asked staff to clarify the process for them in a memorandum. Mayor Pinard opened the floor to public comment. Todd Miller, 606 Hopkins Lane, said he was interested in saving the house and was actively looking for a new site for the structure. Dennis Moresco, 641 Higuers Street, one of the property owners, expressed his desire to resolve the matter of the house so that the development could proceed. He said that he and the other property owners were trying to assist Mr. Miller in obtaining financing. Moved by Roalman /Settle that City Council action should take precedence over Architectural Review Commission action and main house on property to be relocated to another site within 180 days, or demolished, and other structures to be demolished under the terms and conditions outlined by staff, motion carried (3 -1 -1, Mayor Pinard voting no, Council Member Rappa absent). COMMUNICATIONS Comm. 1. Council Member Settle said he would be interested in pursuing talks on an informal basis with Alex Madonna regarding plans for the Froom Ranch property. 10:30 P.M. Mayor Pinard declared a recess to closed session to discuss personnel negotiations. (Mayor Pinard did not attend closed session.) 11:01 P.M. there being no further business to come before the City adjourned the meeting. nJ n 1A APPROVED BY COUNCIL: 6/15/93 ' Kim,tonddp ,Assistant City Clerk KC