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HomeMy WebLinkAboutCC_1985-11-25 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 25, 1985 RECREATION HALL -7:00 P.M. AGENDA ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION -REVEREND CHARLES ERICKSON, ST. PETERS EPISCOPAL CHURCH 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 PUBLIC HEARINGS, REPORTS & APPEARANCES RECONSIDERATION OF ORDINANCE NO. 274 ADOPTING AN INTERIM URGENCY ORDINANCE TO TEMPORARILY SUSPEND CERTAIN NEW CONSTRUCTION FOR PROTECTION OF MUNICIPAL WATER SUPPLY A-2 RESOLUTION NO. 113-85 APPROVING SOUTH T PIER CONCEPT PLAN RE-DESIGN AND GRANT APPLICATION AUTHORIZATION A-3 PUBLIC HEARING REGARDING CLOSURE OF MORRO BAY BOULEVARD FOR STREET FAIRE (NOVEMBER 30TH) A-4 RESOLUTION NO. 115-85 APPROVING THE ASSIGNMENT OF THE REFUSE COLLECTION FRANCHISE TO MISSION COUNTRY DISPOSAL B. B-1 B-2 UNFINISHED BUSINESS RESOLUTION NO. 116-85 DENYING PERMIT AND ESTABLISHING FINDINGS ON CONDITIONAL USE PERMIT FOR 180-ROOM HOTEL COMPLEX BETWEEN MAIN STREET AND THE BLUFF ABOVE THE EMBARCADERO MARTIN SMITH & ASSOC., APPLICANTS SUB-COMMITTEE REPORT ON APPEAL OF CUP CONDITIONS APPROVED BY THE PLANNING COMMISSION TO ALLOW THE OPERATION OF A VACUUM-TYPE FISH UNLOADING DEVICE -ORVAL LEAGE, APPLICANT AND APPELLANT - RESOLUTION NO. 117-85 GRANTING APPEAL AND MODIFYING CONDITIONS B-3 DREDGING PROJECTS AT MORRO BAY FUEL DOCK AND LEASE SITE 89W (BOAT HAULOUT FACILITY) (PULLED) C. NEW BUSINESS C-1 HARBOR FESTIVAL 1985 REPORT C-2 SET DATE FOR JOINT MEETING WITH PARKS AND RECREATION COMMISSION AGENDA -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 25, 1985 PAGE TWO D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF NOVEMBER 12, 1985 AND THE ADJOURNED REGULAR MEETING OF NOVEMBER 14, 1985 AND NOVEMBER 19, 1985 D-2 FINAL MAP APPROVAL FOR TRACT 729 (BAYSHORE VILLAGE) (PULLED) D-3 RESOLUTION NO. 114-85 APPROVING COOPERATIVE PROJECT PRIORITIES FOR FAU FUNDING D-4 PARTIAL CLOSURE OF HARBOR STREET FOR LIBRARY DEDICATION CEREMONIES (DECEMBER 21ST) D-5 APPROVAL OF SINGLE SOURCE BID FOR CARDIAC MONITOR FOR FIRE DEPARTMENT D-6 EXPENDITURE REPORT -OCTOBER 1985 D-7 STATEMENT OF INVESTMENTS -OCTOBER 1985 D-8 CHAMBER OF COMMERCE MONTHLY REPORT -OCTOBER 1985 D-9 APPROVAL OF DIAL-A-RIDE EXTRA SATURDAY SERVICES FOR HOLIDAY SHOPPING E. E-1 E-2 E-3 F. INDIVIDUAL DETERMINATION AND/OR ACTION CITY COUNCIL CITY ADMINISTRATOR CITY ATTORNEY ADJOURNMENT MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 25, 1985 RECREATION HALL -7:00 P.M. Mayor Zeuschner called the meeting to order at 7:00 p.m. ROLL CALL PRESENT: ABSENT: STAFF: Bud Zeuschner Ray Kaltenbach Jim Miller Bruce Risley Rose Marie Sheetz None Gary Napper Anne Russell Forrest Henderson Mike Multari Nick Nichols Mike Upton Steve Wolter Ardith Davis Mayor Councilmember Council member Councilmember Councilmember City Administrator Acting City Attorney Asst. to the City Admin. Comm. Development Dir. Public Works Director Administrative Asst. Recreation & Parks Dir. Deputy City Clerk Horace Strong led the Pledge of Allegiance and gave the invo- cation. Mayor Zeuschner announced Senator Cranston's office will have an aide in the City Hall Conference Room on December 4th from 10:00 a.m. to 12:00 p.m. to talk to individuals about their problems. Mayor Zeuschner said the City had received communication from Congressman Panetta regarding possible funding for a new Harbor Office. He encouraged the community to write their legislators in support of his bill. ORAL COMMUNCATIONS 1. Nancy Bast asked Council what the status was on inviting members of the Coastal Commission to visit Morro Bay and view the damage to the mudflats by hydraulic pumping of ghost shrimp. 2. Nancy Bast was concerned about erosion in the area of the bluff at the Bayshore Village development and asked Council to investigate. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 RECONSIDERATION OF ORDINANCE NO. 274 ADOPTING AN INTERIM URGENCY ORDINANCE TO TEMPORARILY SUSPEND CERTAIN NEW CONSTRUCTION FOR PROTECTION OF MUNICIPAL WATER SUPPLY MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 25, 1985 PAGE TWO Mr. Napper stated this matter was before Council at their request Ordinance No. 274 be returned in 30 days for reconsider- ation. Staff has prepared an Ordinance rescinding Ordinance No. 274; however, Mr. Napper stated Ordinance No. 274 will expire before a new ordinance would go into effect given the two- reading, 30-day before adoption requirement for all ordinances unless they are urgency ordinances required for the public's health, safety and welfare. He noted the current ordinance only affects one developer and that individual has not expressed concern with having to wait until after the first of the year to obtain his permit. He recommended Council take no action. Mayor Zeuschner opened the matter to the public for comments; as there were no comments from the public, Mayor Zeuschner closed the hearing. No action was taken by Council. A-2 RESOLUTION NO. 113-85 APPROVING SOUTH T PIER CONCEPT PLAN RE-DESIGN AND GRANT APPLICATION AUTHORIZATION Nick Nichols reviewed the history of this project and the details of the most recent plan submitted by the Harbor Commis- sion. The Planning Commission has reviewed the revised plan and approved it with several conditions. The implementation of the plan is estimated to cost approximately $350,000; however, construction will probably not begin for two years which will bring the cost up to $400,000 with inflation. The Coastal Conservancy has indicated an interest in funding the project. Mayor Zeuschner opened the matter to the public for comments; there were no comments and the matter was returned to Council for action. MOTION: Councilmember Sheetz moved for adoption of Resolution No. 113-85. The motion was seconded by Councilmember Risley and unanimously carried by roll call vote. (5-0) A-3 PUBLIC HEARING REGARDING CLOSURE OF MORRO BAY BOULEVARD FOR STREET FAIRE (NOVEMBER 30TH) Mr. Napper stated Council had approved a use permit for this activity at their last Council meeting. Since that time, several merchants who would be affected by the street closure have expressed concern about the adverse affect it would have on their business. Staff is recommending a revised plan to close Morro Bay Blvd. from Shasta to Main St. thereby eliminating most of the problem. Mayor Zeuschner opened the matter to the public for comments. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 25, 1985 PAGE THREE Lynn Budden, manager at Century Federal Savings, encouraged Council to approve the modified plan. It would eliminate a problem for Reid's Chevron who would be the most affected by a street closure. Baker Jim's is also affected because of their need to allow space for delivery trucks; Ms. Budden stated she has offered them the use of her Century Federal parking lot next to their business for unloading of trucks. She noted she has applications for 95 booths at this time. Jackie Bode, owner of Baker Jim's, objected to the closure because of the need for delivery trucks to have access to her business. She stated it is the busiest weekend of the year for them; she also noted she had not received advance notification of the activity so she could make other arrangements. Comments in favor of the modified use permit were also heard from Norma Dargitz, owner of the Fondu Pot and president of the Merchant's Association, Debbie Linker of the Cotton Ball, and Chris Thompson, manager of the Chamber of Commerce. Councilmember Sheetz stated she would abstain from discussion and voting on this matter since she has a business in the area under consideration. Councilmember Kaltenbach do their unloading on staff to investigate if established on the east Blvd. suggested Baker Jim's delivery trucks Main Street, and Mayor Zeuschner asked a temporary unloading zone could be side of Main Street, south of Morro Bay MOTION: Mayor Zeuschner moved for approval of the staff recom- mendation regarding the modified use permit; and directed staff to investigate the possibility of estab- lishing a temporary unloading zone on Main Street to accommodate Baker Jim's. The motion was seconded by Councilmember Risley. Councilmember Risley noted Council would be sponsoring a booth in the Christmas Faire and would be selling Harbor Festival posters for $5 each. The motion carried with Councilmember Sheetz abstaining. (4-0-1) A-4 RESOLUTION NO. 115-85 APPROVING THE ASSIGNMENT OF CITY'S REFUSE COLLECTION FRANCHISE FROM MORRO BAY GARBAGE SERVICE TO MISSION COUNTRY DISPOSAL MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 25, 1985 PAGE FOUR Mr. Napper stated Morro Bay Garbage Service was requesting transfer of their franchise to Mission Country Disposal; they have sold their business to this company who also services Cayucos and Baywood/Los Osos. Mike Upton stated the Refuse Franchise Board held a special meeting to consider the request and unanimously recommended Council approve the transfer. The Finance Director has reviewed Mission Country Disposal's financial statement and determined they are financially able to perform the conditions of the franchise. The Refuse Board had discussed a multi-can rate, however, they decided to continue discussion to their December meeting. Mayor Zeuschner opened the matter to the public for comments; as there were no comments, the matter was returned to Council. MOTION: Councilmember Risley moved for The motion the was adoption seconded of by Resolution No. 115-85. Councilmember Kaltenbach. Councilmember Risley expressed the hope the new owners would recognize the unique nature of Morro Bay's population and not compare it to other areas. In reviewing the rate structure they should keep in mind the large number of older, low income people in Morro Bay as well as the the number of vacation homes which have to pay the mandatory garbage fee whether or not they gener- ate garbage. He mentioned the City's life-line progressive water rate structure and suggested they take it into considera- tion in adjusting the rate structure. Councilmember Kaltenbach was in favor of a flat rate paid by the City which the City would in turn attach to an individual's property tax bill. B. B-1 The motion was unanimously carried. (5-0) UNFINISHED BUSINESS RESOLUTION NO. 116-85 DENYING PERMIT AND ESTABLISHING FINDINGS ON CUP AND CDP FOR 180-ROOM HOTEL COMPLEX BETWEEN MAIN STREET CUP 43-84/CDP AND THE BLUFF ABOVE THE EMBARCADERO; CASE NOS. 62-84/LCP 05-85A MARTIN SMITH & ASSOC., APPLICANTS Mr. Napper stated the resolution had been prepared at Council direction from the last meeting; subsequent to its preparation, the Acting City Attorney had made several changes and Council was in receipt of a revised Resolution No. 116-85. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 25, 1985 PAGE FIVE MOTION: Councilmember Sheetz moved for the adoption of revised Resolution No. 116-85. The motion was seconded by Councilmember Kaltenbach and carried with Councilmember Miller voting no. (4-1) B-2 SUB-COMMITTEE REPORT ON APPEAL OF CUP CONDITIONS APPROVED BY THE PLANNING COMMISSION TO ALLOW THE OPERATION OF A VACUUM- TYPE FISH UNLOADING DEVICE; CASE NO. CUP 30-85 ORVAL LEAGE, APPLICANT AND APPELLANT Mr. Multari reviewed the recommendations made by the sub-com- mittee and stated Mr. Leage has now agreed to the revised condi- tions. Councilmember Sheetz, a member of the sub-committee, stated Mr. Leage is looking for another machine which will be run by electricity and should be quieter . It was noted Mr. Leage could not operate the machine unless the conditions set forth in the resolution are met. MOTION: Councilmember Sheetz moved Council adopt Resolution No. 117-85. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) B-3 DREDGING PROJECTS AT MORRO BAY FUEL DOCKS AND LEASE SITE 89W (BOAT HAULOUT FACILITY) (PULLED) C. NEW BUSINESS C-1 HARBOR FESTIVAL 1985 REPORT Mr. Wolter reviewed the Harbor Festival activities and stated there is $3,489.50 revenue from the Festival to put toward the Morro Rock Improvement Fund. It cost the City $6,365 to put on the Harbor Festival. Mr. Wolter reviewed some of the problems associated with this year's event, including access and parking, low poster sales, quality of facility, lack of telephone communications and electricity, and advance planning. He also reviewed committee and staff recommendations for next year and stated staff is recommending Council receive the report and direct staff to prepare a pre-1986 Harbor Festival Budget for Council consideration at a later date. Councilmember Risley asked if installing electrical outlets could be accomplished during the undergrounding to take place on the Embarcadero. Mr. Nichols said it could, but the request would have to be submitted to P.G.&E. as soon as possible; contruction for Embarcadero undergrounding is scheduled for 1987 . MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 25, 1985 PAGE SIX Councilmember Sheetz asked about resurfacing the parking lot and Mr. Multari stated it could be done but should be accomplished in conjunction with a Master Plan which would include an LUP amendment. Council discussed proceeding with this project. MOTION: Councilmember Sheetz moved Council accept the staff report on the Harbor Festival and direct staff to take steps necessary to amend the LUP to permit resurfacing of the Morro Rock area. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) C-3 SET DATE FOR JOINT MEETING WITH PARKS AND RECREATION COMMISSION MOTION: Councilmember Risley moved Council set Wednesday, December 11, 1985 at 7:00 p.m. in the City Hall Confer- ence Room to meet with the Parks and Recreation Commis- sion. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF NOVEMBER 12, 1985 AND THE ADJOURNED REGULAR MEETING OF NOVEMBER 14, 1985 AND NOVEMBER 19, 1985 Mr. Napper recommended Council approve the minutes as submitted. D-2 FINAL MAP APPROVAL FOR TRACT 729 (BAYSHORE VILLAGE) (PULLED) D-3 RESOLUTION NO. 114-85 APPROVING COOPERATIVE PROJECT PRIORITIES FOR FAU FUNDING Mr. Napper recommended Council adopt Resolution No. 114-85. D-4 PARTIAL CLOSURE OF HARBOR STREET FOR LIBRARY DEDICATION CEREMONIES (DECEMBER 21ST) Mr. Napper recommended Council grant a Special Use Permit to the Friends of the Library and waive the rental cost of barricades and chairs, provided the Friends of the Library transport and set-up the chairs and barricades. D-5 APPROVAL OF SINGLE SOURCE BID FOR CARDIAC MONITOR FOR FIRE DEPARTMENT Mr. Napper recommended Council authorize the purchase from Physio Control Corporation in the amount of $7,195.50. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETNG -NOVEMBER 25, 1985 PAGE SEVEN D-6 EXPENDITURE REPORT -OCTOBER 1985 Mr. Napper recommended Council approve the Expenditure Report as submitted. D-7 STATEMENT OF INVESTMENTS -OCTOBER 1985 Mr. Napper recommended Council approve the Statement of Invest- ments as submitted. D-8 CHAMBER OF COMMERCE MONTHLY REPORT -OCTOBER 1985 Mr. Napper recommended Council approve the Chamber of Commerce's report as submitted. D-9 APPROVAL OF DIAL-A-RIDE EXTRA SATURDAY SERVICE FOR HOLIDAY SHOPPING Mr. Napper recommended Council approve the extended Saturday service from November 30th through December 21st. MOTION: Councilmember Risley moved for the approval of the Con- sent Calendar, items D-1 through D-9 with the exception of item D-2 which had been pulled. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL A. Councilmember Risley noted Council will be holding a meeting on January 9th to discuss water, said it will be a good opportunity for the Council to bear down on the water issue, and he wanted to encourage a large public attendance at the meeting. B. Councilmember Risley stated Council information from Nancy Bast on AB 1377 and he should go on record in support of the bill. had felt received Council MOTION: Councilmember Risley moved Council endorse AB 1377 and instruct staff to notify legislators accordingly. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) C. Councilmember Risley noted the items brought up under Oral Communication by Nancy Bast regarding ghost shrimping and erosion at the Bayshore Village project. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 25, 1985 PAGE EIGHT Councilmember Sheetz reported on her Game on this matter, said there will February 5th and 6th, and said damage to the mudflats needs to be Nancy Bast said the Fish and Game hearing in Santa Barbara on January will be submitted at that time. contacts with the Fish and be a hearing in Monterey on documentation regarding the submitted to the Commission. Commission will be holding a 3rd and a biologist's report Mr. Multari stated with regard to erosion at Village site, it is ffi¼Riffia±*due to recent rains landscaping has not yet been planted. He said the misuse of water had to do with the malfunctioning that has been corrected. the Bayshore and because complaint on of a valve D. Councilmember Sheetz asked about interviewing appli- cants for the advisory board; Mr. Napper stated an item would be on the next agenda for Council to set a date. It was noted Council had received resignations from George Finneran from the TV Franchise Board and Vernon Richardson from the Refuse Fran- chise Board. MOTION: Mayor Zeuschner moved Council direct staff to advertise for replacement on the TV Franchise Board so that interviews can be held at the same time as other advisory board interviews; also Mr. Finneran's resigna- tion be accepted with regret. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) Mayor Zeuschner suggested Council hold-off on accepting Mr. Richardson's resignation since he had resigned because of his pending application to the Planning Commission . If he is selected for that commission, Council can advertise his vacancy at that time. E . Mayor Zeuschner stated he had some information to relay to Councilmembers regarding the Ted Brown/Bandstand matter and asked the Acting City Attorney if it would be appropriate to do that in open session. Ms. Russell stated it would be an appro- priate subject for closed session. F. Councilmember Sheetz asked about possible handicapped parking in front of the Great American Fish Co . Mr. Nichols stated it had been researched, and temporary spots would be stripped as soon as possible at both the Harbor Hut and GAFCo. E-2 CITY ADMINISTRATOR A. Mr. Napper stated he is in receipt of a letter request- ing a representative from the City Council to serve on a Tri- *corre cted at meeting of Dec e mb er 9, 1985 MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 25, 1985 PAGE NINE Counties Socio-Economic Monitoring and Mitigation Committee. The committee will monitor the impacts of gas projects related to offshore development. He asked if they wished to nominate one of their members to serve. Program oil and Council Councilmember Sheetz nominated Councilmember Risley to serve on this committee. The nomination was unani- mously carried and Councilmember Risley was selected. (5-0) B. Mr. Napper stated the Merchants' Association had requested the Community Promotion's Committee approve an expen- diture to underwrite the advertising for the Christmas Faire. He said the Committee had taken a strong line with the Mer- chants' Association to live within their budget and had made some recommendations for cutting their advertising. However, they also recommended Council reserve $300 to underwrite the advertising costs if necessary. MOTION: Councilmember Sheetz moved Council support the recom- mendation of the Community Promotion's Committee to reserve $300 for purposes of underwriting some of the advertising costs. The motion was seconded by Council- member Risley and unanimously carried. (5-0) C. Mr. Napper advised Council Mr. Mason had telephoned him today with information that judgment in the Cabrillo lawsuit had been awarded in favor of the City. He reviewed the information from Mr. Mason and stated he would pass on the official corres- pondence on the matter when it is received. Councilmember Risley asked the Acting City Attorney what the City's chances were for recovering attorney's fees and Ms. Russell stated it would depend on the facts of the case. She also explained the appeal process. E-3 CITY ATTORNEY Ms. Russell had nothing to report. F. ADJOURNMENT Mayor Zeuschner requested a closed session to discuss pending litigation; Rodgers vs. City of Morro Bay, et al. pursuant to Government Code Section 54956.9(a). MOTION: Councilmember Sheetz moved the meeting adjourn to closed session. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -NOVEMBER 25, 1985 PAGE TEN The meeting adjourned to closed session at 9:00 p.m. and returned to regular session at 9:24 p.m. MOTION: Councilmember Sheetz moved the meeting be The motion was seconded by Councilmember unanimously carried. (5-0) The meeting adjourned at 9:25 p.m. Recorded by: ARDITH DAVIS Deputy City Clerk adjourned. Risley and