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HomeMy WebLinkAboutCC_1985-06-24 Regular Meeting MinutesMORRO BAY CITY C OUNC IL REGULAR MEETING -JUNE 24, 1985 RECREATION HALL -7:00 P.M. AGEN DA ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION -REVEREND THOMAS DILLARD, ESTERO BAY UNITED METHODIST 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. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 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.) -CONTINUED A-2 QUINTANA-MORRO BAY BLVD. INTERSECTION REALIGNMENT PROPOSALS B. UNFINISHED BUSINESS B-1 CERTIFICATE OF COMPLIANCE FOR EXISTING LOTS AND WITHDRAWAL OF REQUEST FOR PARCEL MAP -SHASTA AND OLIVE (INFORMATION ITEM) B-2 B-3 C. C-1 C-2 ORDINANCE NO. 271 REORGANIZING THE HARBOR COMMISSION READING AND ADOPTION RESOLUTION NO. 61-85 ADOPTING FY 85-86 CITY BUDGET NEW BUSINESS SECOND REFUSE COLLECTION FRANCHISE BOARD REQUEST FOR COUNCIL CONCEPT APPROVAL ON AMENDMENTS TO REFUSE ORDINANCE FY85-86 MASTER FEE SCHEDULE C-3 CONSIDERATION OF RECYCAL GRANT PROPOSAL FOR BEACH LITTER PATROL SUMMER PROGRAM C-4 CONSIDERATION OF LIONS CLUB DONATION OF CONCESSION STAND AT KEISER PARK AGENDA -MORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 24, 1985 PAGE TWO D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JUNE 10, 1985, AND THE REGULAR ADJOURNED MEETINGS OF JUNE 3, JUNE 5, JUNE 6, AND JUNE 7, 1985 D-2 RESOLUTION NO. 59-85 UPDATING CITY CONFLICT OF INTEREST CODE D-3 ANNUAL RATIFICATION OF AREA COUNCIL JOINT POWERS AGREEMENT D-4 ANIMAL CONTROL AGREEMENT WITH COUNTY FOR FY85-86 D-5 AWARD OF BID NO. RP-85-169: CUSTODIAL PAPER MAINTENANCE SUPPLIES D-6 PROCLAMATION DECLARING WATER AWARENESS MONTHS FOR JULY AND AUGUST 1985 D-7 RESOLUTION NO. 58-85 APPOINTING A NEW CITY ATTORNEY D-8 MONTHLY EXPENDITURE REPORT -MAY 1985 D-9 MONTHLY STATEMENT OF INVESTMENTS -MAY 1985 D-10 MONTHLY CHAMBER OF COMMERCE REPORT -MAY 1985 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 24, 1985 MORRO BAY RECREATION HALL -7:00 P.M. The meeting was called to order at 7:00 by Mayor Zeuschner. ROLL CALL PRESENT: ABSENT: STAFF: Bud Zeuschner Ray Kaltenbach Jim Miller Bruce Risley Rose Marie Sheetz None Gary Napper Michael Lesage Louise Burt Forrest Henderson Mike Multari Nick Nichols Mike Upton Ardith Davis Mayor Council member Councilmember Councilmember Councilmember City Administrator City Attorney Finance Director Asst. to the City Admin. Comm. Development Dir. Public Works Director Administrative Asst. Deputy City Clerk The Pledge of Allegiance was led by Horace Strong, Reverend Thomas Dillard of the Estero Bay United Methodist Church gave the invocation. ORAL COMMUNICATION 1. Dorothy Cutter commented on the proposed hotel on Olive and Main Streets and stated that it was out of scale with the neighborhood. She noted a Supreme Court decision that communi- ties will direct their development even though the property is zoned for what is proposed and hoped Council would consider this decision in their deliberations of the hotel. It was noted that this item would be a matter for public hearing at the Council meeting on July 8, 1985. 2. Jim Maul commented on the lack of toilet facilities on the south end of the Embarcadero and stated that the facilities in his lease site were being overused by the public; not neces- sarily by customers to the businesses in his building. He asked Council to consider installing additional restrooms in the South Embarcadero area or helping him financially with the maintenance and supplies in his restrooms. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 24, 1985 PAGE TWO A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PUBLIC APPEAL HEARING ON PLANNING COMMISSION CONDITIONS OF APPROVAL OF CUP 17-85/CDP 10-85R (9-UNIT CONDO PROJECT AT YERBA BUENA AND MAIN ST.) -CONTINUED Mike Multari reviewed Council and Planning Commission previous hearings on this project and stated that Council had requested further studies on the impact of the added traffic with regard to the general area. Staff's updated analysis confirms their earlier opinion that no additional traffic controls are needed as a result of the impact of this project. He reported on a meeting he attended with Councilmembers Risley and Sheetz and representatives of CalTrans regarding the Yerba Buena-Highway 1 intersection and the possibility of installing a signal there. He recommended that Council consider public presentations, Planning Commission reports and uphold or deny the appeal; if Council denies the appeal, they need to find that the project does not conform to the Coastal or General Plans or that the project is detrimental to the neighborhood. Mayor Zeuschner opened the matter to the public for comments. Frank Volpa, President of the Concerned Citizens Homeowners Committee, spoke in opposition to the project and stated that this project was an overuse of the land and that the Planning Commission had rezoned the area without notifying local property owners. Grace Melton spoke in favor of the project and stated that the rezoning of the area had been properly notified. Neil Hosely, Steve Mortimer, Steve McGee, Steve Sylvester, Jim Schneider, and Joe Machock, all involved in the project either as contractors or owners, spoke in favor of the project. They noted that the owners planned to live in the condominiums and were as concerned about a quality neighborhood as the people who live there; they urged Council to approve the staff report. Jane Masterson, 3350 Main, was opposed to the project and felt that it was an overuse of the land; she also discussed various environmental concerns of the creek area. Steve Sweetwood discussed traffic circulation problems and Karen Hines Mulchock, representing her parents spoke in favor of the project. MOTION: Councilmember Sheetz moved that the hearing be closed to the public. The motion was seconded by Council- member Risley and unanimously carried. (5-0) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 24, 1985 PAGE THREE Mayor Zeuschner asked when rezoned. Mr. Multari stated there had been some rezoning did not include the property the subject property had been that it had been rezoned in 1967; of adjacent areas in 1982, but it where this project is located. Councilmember Risley asked if the property was in a flood zone area and Mr. Multari stated that the actual private property is outside of the 100 year flood plain, although very close to it. Councilmember Sheetz was concerned about abandoning a portion of Whidbey Way to accommodate the parking for the project. Mr. Multari stated that the area could not be used for street pur- poses because it is environmentally sensitive; it is proposed for a pedestrian path and small parking lot of about 4 spaces. Councilmember Risley felt that the project should be adjusted to meet the priorities of the people who already live in the area; existing residences have priority over those wanting in. He also did not feel he could vote for the abandonment of Whidbey Way. MOTION: Councilmember Kaltenbach moved that Planning Commission's recommendation appeal. The motion was seconded Risley. Council deny the and uphold the by Councilmember Council discussed referring this back to the developers so that they might revise the plan. Mr. Molchock stated that elimin- ating the parking on Whidbey Way and the pedestrian bridge would be no problem; he said that was a condition placed by staff to make the project more attractive to the City. MOTION: Councilmember Risely moved that this matter be tabled. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) Mr. Multari noted that Council has 40 days after the close of the public hearing to make a decision. A-2 QUINTANA-MORRO BAY BLVD. INTERSECTION REALIGNMENT PROPOSALS Mr. Napper noted that Council had set aside $25,000 for the realignment of the intersection of Quintana and Morro Bay Blvd. He said that three plans were available for Council considera- tion and that any one of them would cost an additional $10,000 to fund. He suggested Council set a public hearing on the alternatives for July 8th for public input and allocate an additional $10,000 from FY84-85 Gas Tax Contingency Fund. Nick Nichols reviewed the drawings of the alternatives. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 24, 1985 PAGE FOUR Mayor Zeuschner suggested that property owners in the area be notified of the Council's consideration and the public also be encouraged to come up with alternatives. Council indicated that they would also like to have the opportunity to make sugges- tions. MOTION: Councilmember Sheetz moved set for July 8, 1985. Councilmember Kaltenbach (5-0) that the public hearing be The motion was seconded by and unanimously carried. MOTION: Councilmember Risley moved that Council appropriate $10,000 from the FY84-85 Gas Tax Contingency Fund for this project. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 CERTIFICATE OF COMPLIANCE FOR EXISTING LOTS AND WITHDRAWAL OF REQUEST FOR PARCEL MAP -SHASTA AND OLIVE (INFORMATION ITEM) Mr. Multari informed Council that on January 21, 1985, the Planning Commission had denied a request for a parcel map which would have allowed a lot line adjustment. The applicant filed an appeal to the City Council and then withdrew the request if the City would grant a Certificate of Compliance which states that the existing lots are legal. Although this is strictly an administrative function, there was some confusion and the matter was referred to the City Attorney for a determination. The Attorney states that a Certificate not only can, but must be issued. Mr. Lesage stated that the lots in Morro Bay were recognized as existing when the City incorporated in 1964. Since Morro Bay never adopted a merger ordinance, the lots remain as established when the City incorporated. Councilmember Kaltenbach was not satisfied with the City Attor- ney's opinion and requested review by the new City Attorney. MOTION: Councilmember Kaltenbach moved that this matter be referred to the new City Attorney for an interpreta- tion. The motion was seconded by Councilmember Risley. Mayor Zeuschner stated that he was satisfied with the current opinion and saw no need to seek another. The motion was carried Mayor Zeuschner voting no. with Councilmember Miller and (3-2) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 24, 1985 PAGE FIVE B-2 ORDINANCE NO. 271 REORGANIZING THE HARBOR COMMISSION SECOND READING AND ADOPTION Mr. Napper stated that the ordinance will go into effect 30 days after adoption. He noted that Council should re-affirm their request for existing Commissioners to resign their positions and re-apply for the new Commission; their first meeting would be on August 7th. 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 Sheetz moved that this constitute the second reading of Ordinance No. 271 and that it be adopted. The motion was seconded by Councilmember Risley and carried with Councilmember Miller voting no. ( 4-1 ) Councilmember Risley did not think it was necessary to ask the present Commissioners to resign; he suggested Council declare the positions vacant effective 7-24-85 and request the present Commissioners and Alternates to apply for the new positions. MOTION: Councilmember Risley moved that Council declare the present terms of Harbor Commissioners and Alternates to end effective July 24, 1985 and that they be requested, by letter to submit applications for the new Commission if they so desire; also that staff be authorized to advertise the vacancies. The motion was seconded by Councilmember Sheetz. Councilmember allowed to firing them. Miller resign; felt that the declaring the Commissioners positions vacant should be was like AYES: NOES: The motion carried on the following roll call vote: Kaltenbach, Risley, Sheetz Zeuschner Miller B-3 RESOLUTION NO. 61-85 ADOPTING FY85-86 CITY BUDGET Mr. Napper reviewed the Budget Summary which included the amend- ments made to the proposed budget by Council. He noted that Council was adopting a $6.4 million budget with an annual sur- plus of $15,440; this does not include wage increases as nego- tiations are still going on. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 24, 1985 PAGE SIX MOTION: Councilmember Risley moved for the adoption of Resolu- tion No. 61-85. The motion was seconded by Council- member Sheetz. Councilmember Risley stated that the fact Council adopted a budget 99.9% as presented by the City Administrator was a vote of confidence in the City Administrator and City employees. He said that it reflects a favorable trend of City income which may not continue. He hopes that a timely trend analysis can be pro- duced by the new computer which will allow the City to follow these trends and react to them. The motion was unanimously carried by roll call vote. (5-0) Mayor Zeuschner presented a Certificate of Appreciation to Michael Lesage for 14 years as City Attorney for Morro Bay. C. NEW BUSINESS C-1 REFUSE COLLECTION FRANCHISE BOARD REQUEST FOR COUNCIL CONCEPT APPROVAL ON AMENDMENTS TO REFUSE ORDINANCE Nick Nichols reviewed the recommendations of the Refuse Board which included: 1) Expand the standard services level to one cubic yard or equivalent; 2) Accept the concept that refuse col- lection is a city public service; and 3) City should bill for residential refuse collection service on the City utility bill. Council asked questions regarding the costs of expanded service and any increase requested by the Garbage Service; Mike Upton stated that costs had not been evaluated, since these were con- cept only items for Council consideration. Bob DeSomer, Chairman of the Refuse Board, discussed the Board's recommendations and the rationale behind them. Councilmember Risley stated that he was very impressed with the work the Board had done on the proposal and was in general agreement with the recommendation except that he did not feel the City should collect the bills for a private company. Also he feels that the Garbage Service should have to prove they are entitled to a rate increase before the City grants one and consideration should be given to the demographics in Morro Bay and, therefore, the level of service required by the citizens. There was discussion regarding the Garbage Company's requirement for mandatory service and little collection remedy except the courts available to them if an account does not pay; if the City was collecting, they would be able to put a lien against the property for non-payment of bills. This option is not available MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 24, 1985 PAGE SEVEN to the Garbage Company. Mayor Zeuschner suggested putting the garbage bill on the tax bill and thereby relieve staff from the burden of having to collect water, sewer, and garbage bills. Councilmember Miller stated that he would like to see unlimited service for about $8.00 per month. Comments were also heard from Charles Palmer and Refuse Board Member Vernon Richardson who were of the opinion that the increased pick-up would alleviate the dumping in vacant lots and City dumpsters. Council generally agreed with the concepts submitted by the Franchise Board and sent the matter back to them for refinement in consideration of the comments made by Council. Council took a brief recess from 9:30 p.m. and reconvened at 9:38 p.m. C-2 FY85-86 MASTER FEE SCHEDULE Louise Burt stated that the Master Fee Schedule had been adjusted in accordance with changes in the Consumer Price Index. MOTION: Councilmember Kaltenbach moved that Master Fee Schedule as presented. seconded by Councilmember Sheetz carried. (5-0) Council adopt the The motion was and unanimously C-3 CONSIDERATION OF RECYCAL GRANT PROPOSAL FOR BEACH LITTER PATROL SUMMER PROGRAM Mr. Napper reviewed the program for Council noting that it is a seasonal grant program for litter control along the City's beaches and waterfront. The City's costs include supervision and liability/workers compensation along with additional equip- ment. He recommended that Council approve the grant and authorize staff to implement the program. MOTION: Councilmember Risley moved that Council approve the program. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) C-4 CONSIDERATION OF LIONS CLUB DONATION OF CONCESSION STAND AT KEISER PARK Mr. Napper explained that the Lions Club wishes to donate a concession stand for Keiser Park in return for first right to operate privileges during City park softball games, etc. This would be a week-end only activity. The Lions Club has requested MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 24, 1985 PAGE EIGHT that they receive a user-fee for other organizations wishing to use the stand. Staff is recommending against that request and that Council accept their donation allowing them first opportun- ity to use the stand, and that a plaque be installed to recog- nize this and prior Lions Club's contributions. Council discussed the proposals, including concerns for water and electrical charges, and decided that the Lions Club would be allowed a 30-day right of refusal to use the facility after which it would be open to other organizations. MOTION: Councilmember Kaltenbach moved for approval of the staff recommendation including the 30-day right of refusal provision for the Lions Club. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JUNE 10, 1985, AND THE REGULAR ADJOURNED MEETINGS OF JUNE 3, JUNE 5, JUNE 6, AND JUNE 7, 1985 Mr. Napper recommended that Council approved the minutes as submitted. D-2 RESOLUTION NO. 59-85 UPDATING THE CITY CONFLICT OF INTEREST CODE FOR DESIGNATED EMPLOYEES Mr. Napper recommended that Council adopt Resolution No. 59-85. D-3 ANNUAL RATIFICATION OF AREA COUNCIL JOINT POWERS AGREEMENT Mr. Napper recommended that Council adopt the Agreement for FY85-86. D-4 ANIMAL CONTROL AGREEMENT WITH COUNTY FOR FY85-86 Mr. Napper recommended that the Council adopt the Agreement and authorize the Mayor to sign. D-5 AWARD OF BID NO. RP-85-169: CUSTODIAL PAPER MAINTENANCE SUPPLIES Mr. Napper recommended that Council award the bid to National Sanitation Supply Company in the amount of $3,258.20. D-6 PROCLAMATION DECLARING WATER AWARENESS MONTHS FOR JULY AND AUGUST 1985 Mr. Napper recommended that Council authorize the Mayor to sign the proclamation. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 24, 1985 PAGE NINE D-7 RESOLUTION NO. 58-85 APPOINTING NEW CITY ATTORNEY Mr. Napper recommended that Council adopt Resolution No. 58-85 and authorize the Mayor to execute the contract with the Jeff Jorgensen. D-8 MONTHLY EXPENDITURE REPORT -MAY 1985 Mr. Napper recommended that Council approve the Expenditure Report as submitted. D-9 MONTHLY STATEMENT OF INVESTMENTS -MAY 1985 Mr. Napper submitted. recommended that Council accept the report as D-10 MONTHLY CHAMBER OF COMMERCE REPORT -MAY 1985 Mr. Napper recommended that Council receive the report for file. Councilmember Miller requested that item D-7 be pulled for separate discussion. MOTION: Councilmember Kaltenbach moved for the approval of Consent Calendar as recommended except for item The motion was seconded by Councilmember Sheetz unanimously carried. (5-0) D-7 Resolution re: new City Attorney the D-7. and Councilmember Miller stated that he pulled this item because he wanted to vote against it. He did not feel that the City has benefitted from the change in City Attorney and would be paying more money than for the previous City Attorney. MOTION: Councilmember Sheetz moved for the approval of item D-7. The motion was seconded by Councilmember Kaltenbach and carried with Councilmember Miller voting no. ( 4-1 ) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL A. Councilmember Risley noted the problem Jim Maul had discussed regarding the restrooms on his lease site. Mr. Napper suggested that Council refer the matter to the Harbor Commission for a recommendation to Council. He stated that he has been in discussion with the owner of property near the giant chess board regarding a property trade; if these discussions are successful, MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 24, 1985 PAGE TEN it is possible that a restroom can be located there. agreed that the matter should be referred to the Commission. Council Harbor B. Councilmember Risley noted that Council had received a letter from George Carpenter requesting an apology from Council- member Miller regarding the allegations recently investigated by the DA's office. He asked if Councilmember Miller was going to respond. Councilmember Miller said no, that it wasn't necessary and Mr. Carpenter could contact his attorney if he wasn't satisfied. c. Councilmember Miller stated that in reviewing the City's ordinances, he believes Ordinance No. 197 which was an initiative measure adopted by the voters in 1980 prohibiting annexations without a vote of the people, is illegal. He asked Mr. Lesage to respond to this. Mr. Lesage stated that a similar measure adopted by the voters in San Luis Obispo had been chal- lenged in Court and was declared invalid because LAFCO, not the City, has the final authority with regard to annexations. One of the limitations on initiatives is that they cannot do what the City Council cannot do by law. Councilmember Miller asked what the City should do to eliminate the ordinance from the City Code and Mr. Lesage suggested that they check with the new City Attorney; it is not a valid law. Councilmember Risley stated that the ordinance in San Luis Obispo was declared invalid after being challenged by a developer in court; the courts act on the law when it is chal- lenged. Mr. Lesage suggested, however, that if the ordinance is invalid and illegal, the Council should not continence it; they could, however, follow the spirit of the law of the law as Council does in the limitation on spending to the Chamber of Commerce, which was also an initiative declared invalid by the Courts. E-2 CITY ADMINISTRATOR Mr. Napper requested a closed session to discuss employee nego- tiations. E-3 CITY ATTORNEY A. Mr. Lesage stated that the City was successful in settling the Kingsway suit regarding the lease site property at The Inn At Morro Bay. He requested that Council formally approve the settlement in the amount of $4,684.30. MOTION: Sheetz moved that Council the Kingsway litigation in The motion was seconded by Councilmember settlement of $4,684.30. Kaltenbach and unanimously carried. (5-0) authorize the the amount of Councilmember MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 24, 1985 PAGE ELEVEN Mr. Napper asked Council if they would like staff to advertise the property for bid, or authorize staff to negotiate with The Inn At Morro Bay. He noted that access to the property can only be obtained through The Inn. The results of the negotiation would be forwarded to the Harbor Commission and then to Council. MOTION: Councilmember Sheetz moved that staff be instructed to negotiate the lease with The Inn At Morro Bay for Lease Site No. 27W. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) F. ADJOURNMENT MOTION: Councilmember Sheetz moved that the meeting adjourn closed session to discuss employee negotiations. motion was seconded by Councilmember Kaltenbach unanimously carried. (5-0) to The and The meeting adjourned to closed session at 10:19 p.m. and returned to open session at 11:00 p.m. MOTION: Councilmember Sheetz moved that Council adjourn to Tuesday, June 25, 1985 at 7:00 p.m. in the City Hall Conference Room for a joint meeting with the Cayucos Sanitary District. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) The meeting adjourned at 11:01 p.m. Recorded by: Ardith Davis Deputy City Clerk