Loading...
HomeMy WebLinkAboutCC_1985-06-10 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 10, 1985 RECREATION HALL -7:00 P.M. AGENDA ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION -JIM KENNEMUR, FIRST CHRISTIAN CHURCH Members of the public wishing to address the Council are requested to limit their comments to a 5 minute time period. ORAL COMMUNICATIONS -Members of the audience wishing to address the Council on matters other than scheduled hearing items may do so when recognized by the Mayor, by standing and stating their name and address. Comments should normally be limited to three minutes. A. A-1 A-2 A-3 A-4 B. B-1 c. C-1 C-2 PUBLIC HEARINGS, REPORTS & APPEARANCES PUBLIC HEARING ON PLANNING COMMISSION CONDITIONS OF APPROVAL OF CUP 17-85/CDP 10-85R (9-UNIT CONDO PROJECT AT YERBA BUENA AND MAIN ST.) PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION CONDITIONS OF APPROVAL FOR CUP 18-85/CDP 11-85R, TENTATIVE PARCEL. MAP ( 3-UNIT RESIDENTIAL CONDOMINIUM AT ANCHOR AND MAIN) (PULLED AT APPLICANT'S REQUEST) ORDINANCE NO. 271 REORGANIZING THE HARBOR COMMISSION READING FIRST ORDINANCE AMENDING ORDINANCE NO. 217 AUTHORIZING COLLECTION OF DELINQUENT CITY-UTILITY BILLS (PULLED) UNFINISHED BUSINESS SUBCOMMITTEE'S REPORT ON GAZEBO DONATION BY MORRO BAY BEAUTIFUL NEW BUSINESS KEISER PARK BALLFIELD SIGNS -EARMARK REVENUE TO PARK FEE FUND AMERICAN LEGION DONATION OF CANNON FOR PLACEMENT AT VET'S HALL C-3 RESOLUTION NO. 55-85 TO DRILL AND OPERATE SEVEN WELLS AS REQUIRED BY THE STATE OF CALIFORNIA DEPARTMENT OF HEALTH AGENDA -MORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 10, 1985 PAGE TWO D. D-1 D-2 CONSENT CALENDAR CITY COUNCIL MINUTES OF THE REGULAR MEETING OF MAY 28, 1985 PURCHASE OF CITY EVENT BANNER D-3 AWARD OF 1985-86 VISITOR SERVING/INFORMATION SERVICES CONTRACT (CHAMBER OF COMMERCE) D-4 DENIAL OF CLAIM AGAINST CITY -QUALMAN OYSTER CO. D-5 ACCEPTANCE OF GRANT EASEMENT FOR STORM DRAIN ACROSS PARCEL 3 AS DESCRIBED ON PARCEL MAP 78-49, D. MC ELMOYL (PULLED) D-6 AMENDMENT NO. 1 TO MASTER AGREEMENT FOR STEP 3 OFFICE ENGINEERING SERVICES, MORRO BAY-CAYUCOS WASTEWATER TREATEMENT FACILITY, DESIGN OF SCREENINGS HANDLING SYSTEM D-7 APPROVAL OF FINAL MAP -TRACT 1045, PINEY WAY VILLAGE E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY F. ADJOURNMENT MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 10, 1985 RECREATION HALL -7:00 P.M. The meeting was called to order at 7:00 p.m. by Mayor Zeuschner. ROLL CALL PRESENT: ABSENT: STAFF: Bud Zeuschner Ray Kaltenbach Jim Miller Bruce Risley Rose Marie Sheetz None Gary Napper Wendy Stockton Forrest Henderson Mike Multari Nick Nichols Steve Wolter Elane Novak Mayor Councilmenber Councilmember Councilmember Councilmember City Administrator Acting City Attorney Asst. to the City Admin. Comm. Development Dir. Public Works Director Recreation Director Deputy City Clerk The Pledge of Allegiance was led by Horace Strong; Reverend Jim Kennemur of the First Christian Church gave the invocation. Mayor Zeuschner announced that items A-2 and A-4 had been pulled and that one of the items would come back to Council after review by the City Attorney. ORAL COMMUNICATIONS 1. Nancy Bast expressed concerns regarding Tidelands Park project. She said that the Harbor Commission did not have enough information about what is happening with Tidelands Park, and said that the Harbor Commission had asked that the plans for Tidelands Park be put on the Harbor Commission agenda for review again and this has not been done. She spoke about Lease Site 4~ bid adjacent to Tidelands Park and feels that a few interests are controlling the waterfront. She also discussed the avail- ability of borrowing "cheap" conservancy money for study of the bay. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A. PUBLIC HEARING ON PLANNING COMMISSION CONDITIONS OF APPROVAL OF CUP 17-85/CDP 10-85R (9-UNIT CONDO PROJECT AT YERBA BUENA AND MAIN ST. Mike Multari gave a brief report in which he described the condominium project and parking situation. He went over zoning ordinance conditions, curbs and gutters along Main and Yerba Buena Streets and described the pedestrian bridge over City right-of-way. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 10, 1985 PAGE TWO Councilmember Risley asked Mr. Multari about the change in zoning in the area described above. Mr. Multari said the City had complied with the Coastal Plan and he reviewed the legal and public hearing proceedings which had been followed by the City. Individual notification was sent to property owners before the C-1 zoning was changed to R-4. Councilmember Risley stated that he was at the Planning Commis- sion meeting when the plan for the 9-unit condo was adopted but the plan did not include putting in a stop sign at this time. Mr. Multari said that the traffic control will be another issue and that a draft of our traffic circulation study will be available at the end of the summer. Councilmember Kaltenbach also expressed some concerns about the Highway 1 and Yerba Buena crossing. Nick Nichols said CalTrans has futuristic plans to upgrade Highway 1 with an overpass and do not want to put in another stop light. Jane Masterson, Secretary for Concerned Citizens Homeowners Committee, asked for a continuance of the hearing as Mr. Volpa is away. She did express concerns against the project as there is a traffic and parking problem now and feels the new project would make it worse. Mr. Roy Oliver was also against the project and expressed many of the same concerns of Mrs. Masterson. He also expressed concern about the setback of buildings particularly on Main Street. Mr. and Mrs. Lefcourt spoke against the project indicating that many people buy condos in the area for investment purposes which creates all types of problems. Mr. Steve Sylvester spoke in favor of the project; he did not feel that the project would create any more traffic than 6 residential units, which the developer would be allowed to build if the condos do not get approval. Grace Melton spoke in favor of the project indicating the re- zoning issue had several public hearings. Joe Machock, owner of the property, explained that nine people have gone together and each unit will be owner-occupied as secondary housing; they anticipate putting up a quality project. Mr. Napper handle it continue. asked if Council wanted to continue the matter tonight in light of the appellant's request or to MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 10, 1985 PAGE THREE Councilmember Risley stated that he was in favor of the continu- ance since the residents in the area had requested it. He asked that staff bring back additional information about the traffic situation and whether the traffic report scheduled for the end of the summer could by ready by June 24th. Mr. Napper stated that staff would bring back some traffic statistics and any material they had on file to the meeting of June 24th. Council- member Sheetz requested that someone from CalTrans attend the next meeting also and Councilmember Risley suggested instead that someone from the Council and residents in the area meet with a CalTrans representative to present the problems and the solutions the City would like to see. MOTION: Councilmember Kaltenbach moved that this item be con- tinued to the meeting of June 24, 1985. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) A-2 PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION CONDITIONS OF APPROVAL FOR CUP 18-85/CDP 11-85R, TENTATIVE PARCEL MAP (3-UNIT RESIDENTIAL CONDOMINIUM AT ANCHOR AND MAIN) (PULLED AT APPLICANT'S REQUEST) A-3 ORDINANCE NO. 271 REORGANIZING THE HARBOR COMMISSION -FIRST READING Mr. Napper reported on Ordinance No. 271 including the recom- mendations from the Harbor Commission. He asked for direction from Council regarding these recommendations and after they make their corrections, that the amended ordinance be read by title and number only for a first reading. Jim Maul stated that he did not want to see an overlap of authority caused by the restructure and he did not want to see added bureaucracy; he preferred representatives from different categories. Howard Gaines felt City Council always has the final say and the Commission just serves in an advisory capacity. Mr. Ewing was initially in favor of the change, but has changed his mind and feels the Harbor Commission should be left as it is with the exception of the alternates, who should be dropped. Jody Giannini expressed the desire to have a least 2 voting members from out-of-town and suggested deleting the ex-officio membership as unworkable. Ed Sylvester questioned the value of having ex-officio members since they had no vote. Mayor Zeuschner stated that although ex-officio members could influ- ence the voting members, he would rather see all voting members and agreed with doing away with ex-officio members. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 10, 1985 PAGE FOUR Steve Sweetwood spoke in favor of the restructuring plan for sub-committee purposes. Mr. Diffley felt the Council was trying to make the Harbor Commission even better; he was concerned about the overlap of duties or channels the public might have to go through, and suggested "some authority" be vested with the Commission to overcome this concern. Bob Ward felt the Commission should stay as it is; Mr. Sullivan was not in favor of the category structure. Mr. Napper provided clarification regarding the funding of Harbor activities and recording of associated revenues. MOTION: Councilmember Sheetz moved that the public hearing be closed. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) Mayor Zeuschner discussed drafts A and B On attachment B, he felt there should be would have equal representation; at least should be commercial fishermen or from the from the staff report. 7 members all of whom two of these members marine supply area. Councilmember Sheetz stated that she would like to see the President of Commercial Fishermen's Organization or his designee be a permanent member of the Harbor Commission; the other could be a commercial fisherman or marine supply individual. Council- member Kaltenbach agreed, however, he did not feel it was neces- sary to have the president of the Organization on the Commis- sion. He also thought the Commissioners should be paid the same as the Planning Commission. Councilmember Risley agreed that the two representatives should be from the commercial fishing area and one of them should be the President; he also felt they should be paid to help with their miscellaneous travel and telephone expenses. Mr. Napper suggested that the President of the Fishermen's Organization term not be a specified expiring term, but would remain in perpetuity and serve at the pleasure of the Council. It was the concensus of the Council to modify the Ordinance specifying a 7-member Commission, of which 5 must be electors of the City. Two of the members must be from the commercial fishing industry, of which one shall always be the President of the local Commercial Fishermen's Association, or his designee. The remaining membership is "at-large" composition, and Commis- sioners shall serve without compensation. Mayor Zeuschner opened the amended ordinance for public comments. Ed Sylvester asked members could be from any category; and Council members would be "at large." to public hearing if the other five noted that the 5 MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 10, 1985 PAGE FIVE Jody Giannini expressed they could live with the ordinance as amended. MOTION: Councilmember Riley moved that the closed. The motion was seconded Sheetz and unanimously carried. (5-0) public hearing be by Councilmember MOTION: Councilmember Risley moved that Ordinance No. 271 be read by title and number only. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) Mr. Napper read Ordinance No. 271 by title and number only. MOTION: Councilmember Kaltenbach moved that Ordinance No. 271 be accepted as first reading. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 SUBCOMMITTEE'S REPORT BEAUTIFUL ON GAZEBO DONATION BY MORRO BAY Mr. Wolter reviewed drawings of the park and gazebo and said the subcommittee suggests the gazebo be placed in a position which is closest to the big tree in City Park. Mr. Smith, a member of Morro Bay Beautiful, asked the Council to delay making a deci- sion until Morro Bay Beautiful resumes meeting after the summer months. and Scotty Campbell spoke Lila Keiser, Katherine Walling, against the placement of the gazebo Keogh felt that the gazebo should be strings attached. Scotty Campbell small for the gazebo. in City Park. Jane Von given to the City with no indicated the park was too Mayor Zeuschner asked the Council if it was ready to handle the matter tonight in view of Morro Beautiful's request to defer the matter. The Council consensus was to discuss and decide on the issue tonight. Councilmember Risley felt that the City Park is too small for the gazebo; and although the offer of the gift is nice, it must meet the needs of the community. He felt that Del Mar Park would be a much better place for it. He suggested accepting the gazebo for Del Mar Park and express thanks to Morro Bay Beautiful. MOTION: Councilmember Risley moved that Council accept the gazebo for some location other than City Park. The motion was seconded by Councilmember Sheetz and carried with Councilmember Miller voting no. (4-1) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 10, 1985 PAGE SIX C. NEW BUSINESS Mayor Zeuschner announced that following the closed interview session held on Friday, June 7, 1985, Jeff Jorgensen of San Luis Obispo was selected as the new City Attorney and will begin his duties on July 1. C-1 KEISER PARK BALLFIELD SIGNS -EARMARK REVENUE TO PARK FEE FUND Steve Wolter reported on the sign program, and recommended Council earmark revenues from this program to the City's Park Fee Fund. Local merchants indicated they would be more willing to purchase space on the billboards if it went to specific projects in the City's Park fund. Councilmember Risley asked who had sold the five spaces now being used and Mr. Wolter indicated some had been sold by the City and some by an adver- tising agency; the advertising agency is no longer representing the City. Councilmember Risley asked why the people approached to buy space indicated they wouldn't do so again unless the money went to the park fund. Mr. Wolter said he thought they liked to see their name and monies linked with this area; he gave an example of a merchant who has his name on the back of Little League uniforms. MOTION: Councilmember Sheetz moved that Council accept the staff recommendation to earmark revenues from this program to the City's Park Fee Fund. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) C-2 AMERICAN LEGION DONATION OF CANNON FOR PLACEMENT AT VET'S HALL Steve Wolter gave this report and recommended that Council accept the cannon donation for placement at the Vet's Hall, approve construction of the cannon's mount, waive permit fees and express appreciation to Mr . Zatko and the American Legion for their generosity. A brief discussion followed concerning placement of the cannon and filling the cannon barrel so it could not be fired and thereby eliminate a possible City liability. MOTION: Councilmember Kaltenbach moved to accept the staff recommendation as amended to include that the cannon must be capped so it cannot be fired. The motion was seconded by Councilmember Sheetz and carried with Councilmember Miller voting no. (4-1) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 10, 1985 PAGE SEVEN Councilmember Miller commented liability to the City similar to the gazebo for City Park. he the viewed the cannon as a concerns expressed about C-3 RESOLUTION NO. 55-85 TO DRILL AND OPERATE SEVEN WELLS AS REQUIRED BY THE STATE OF CALIFORNIA DEPARTMENT OF HEALTH Mr. Napper gave the report and asked that Council adopt Resolu- tion No. 55-85 authorizing the filing of a permit application to drill, test, and hopefully operate seven new wells. Councilmember Risley asked Nick Nichols how soon test wells can be made. Mr. Nichols said that he is currently negotiating with property owners, but has no answer at this time. Councilmember Kaltenbach indicated he believed we should begin drilling when the majority of sites have been approved. MOTION: Councilmember Sheetz moved that Council adopt Resolu- tion No. 55-85. The motion was seconded by Council- member Risley and unanimously carried. (5-0) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF MAY 28, 1985 Mr. Napper recommended that the submitted. D-2 PURCHASE OF CITY EVENT BANNER minutes be approved as Mr. Napper recommended that Council authorize the purchase of a reusable City "banner system." D-3 AWARD OF 1985-86 VISITOR-SERVING/INFORMATION SERVICES CONTRACT (CHAMBER OF COMMERCE) Mr. Napper recommended that Council award the FY85-86 Visitor- Serving/Informational Services contract to the Morro Bay Chamber of Commerce and authorize the Mayor to sign the agreement. D-4 DENIAL OF CLAIM AGAINST CITY -QUALMAN OYSTER CO. Mr. Napper recommended that Council reject the liability claim submitted by Qualman Oyster Co., and direct the City Clerk to send the denial letter. / D-5 ACCEPTANCE OF GRANT EASEMENT FOR STORM DRAIN ACROSS PARCEL 3 AS DESCRIBED ON PARCEL MAP 78-49, D. MC ELMOYL (PULLED) This item was pulled. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 10, 1985 PAGE EIGHT D-6 AMENDMENT NO. 1 TO MASTER AGREEMENT FOR STEP 3 OFFICE ENGINEERING SERVICES, MORRO BAY-CAYUCOS WASTEWATER TREATMENT FACILITY DESIGN OF SCREENING HANDLING SYSTEM Mr. Napper recommended that Council approve authorize submittal of the documents to Resources Control Board for grant approval. Amendment No. 1 and the State Water D-7 APPROVAL OF FINAL MAP -TRACT 1045, PINEY WAY VILLAGE Mr. Napper recommended that Council adopt Resolution No. 56-85 with conditions. Councilmember Sheetz pulled item D-3 for separate discussion. MOTION: Councilmember Risley moved for the approval of the Consent Calendar with the exception of item D-3. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) D-3 VISITOR-SERVING AGREEMENT Councilmember Sheetz suggested that the agreement be changed to reflect that the Chamber office does not have to be open on Sunday. Mr. Napper commented that he had changed the contract to read 48 hours of operation per week so they could use the hours as needed. Dick Weiss of the Chamber reviewed some statistics to support the closure of the Chamber office on Sundays and noted that the Chamber is looking for another office to rent. Mayor Zeuschner introduced the new Chamber Thompson. Manager, Chris MOTION: Councilmember Sheetz moved for approval of The motion was seconded by Councilmember unanimously carried. (5-0) item D-3. Risley and E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL A. Councilmember Sheetz asked staff to investigate revok- ing the ordinance which allows apartments to be converted into condominiums. She felt it would be in the interest of better housing and for people who cannot afford to purchase a home. MOTION: Councilmember Sheetz moved that staff be directed to bring a report on this matter back to Council. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 10, 1985 PAGE NINE B. Councilmember Sheetz suggested that parking on Morro Bay Blvd. be changed from 2 hours to 1/2 hour during the summer months only to facilitate the increased tourist traffic. MOTION: Councilmember Sheetz moved that staff investigate the impacts of limiting street parking on Morro Bay Blvd. during the summer season. The motion was seconded by Councilmember Risley and carried with Councilmember Miller voting no. (4-1) C. Mayor Zeuschner asked for a closed session to discuss a personnel matter. E-3 CITY ADMINISTRATOR Mr. Napper requested a closed session to discuss a employee negotiations. E-4 CITY ATTORNEY Mr. Lesage had nothing to report. F. ADJOURNMENT MOTION: Councilmember Sheetz moved that Council adjourn to closed session. The motion was seconded by Council- member Risley and unanimously carried. (5-0) The meeting adjourned to closed session at 10:20 p.m. and returned to regular session at 11:05 p.m. MOTION: Councilmember Risley moved that Resolution No. 57-85 reprimanding Councilmember Miller for his involvement in the Ashman hit-and-run post investigation be adopted. The motion was seconded by Councilmember Kaltenbach and carried on the following roll call vote by the City Clerk: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: Miller MOTION: Councilmember Risley moved that the District Attorney's investigation report (Section II) be made public and adopted as findings for Resolution No. 57-85. The motion was seconded by Councilmember Kaltenbach and carried with Councilmember Miller voting no. (4-1) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 10, 1985 PAGE TEN MOTION: Councilmember Risley moved that the meeting be adjourned. The motion was seconded by Mayor Zeuschner and unanimously carried with Councilmember Miller absent. ( 4-0-1) The meeting adjourned at 11:08 p.m. Recorded by: ~ ELANE NOVAK Deputy City Clerk