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HomeMy WebLinkAboutCC_1986-02-24 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 24, 1986 AGENDA RECREATION HALL - 7:00 P.M. ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION - REVEREND TOM DILLARD, ESTERO BAY UNITED METHODIST 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. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PUBLIC HEARING ON ZOA 01-86, INTERIM URGENCY ORDINANCE FOR NORTH MAIN STREET, ORDINANCE NO. 280 A-2 APPEAL OF PLANNING COMMISSION'S DENIAL OF CUP 01-86 (ADDITION TO NEW MOTEL AT 450 EMBARCADERO) A-3 TRANSIT REPORT BY CITY DELEGATE TO SAN LUIS OBISPO CITIZENS TRANSPORTATION ADVISORY COMMITTEE A-4 GRANT APPLICATION FOR CDBG FUNDS FOR HOUSING REHAB PROGRAM (PULLED) A-5 RESOLUTION NO. 16-86 APPROVING A TIME EXTENSION FOR TENTATIVE TRACT MAP NO. 1077, 88-UNIT CONDOMINIUM PROJECT AT IRONWOOD AND HIGHWAY 41 B. UNFINISHED BUSINESS B-1 DISCUSSION OF OFF-SHORE/ON-SHORE OIL FACILITIES PROHIBITION B-2 SELECTION OF STREET(S) FOR CONTRACT STREET OVERLAY PROJECT C. NEW BUSINESS C-1 PUBLIC WORKS DEPARTMENT ANNUAL REPORT C-2 WATER BASIN RECOVERY AND WELL LEVEL REPORT D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF FEBRUARY 10, 1986 D-2 STATEMENT OF INVESTMENTS - JANUARY 1986 AGENDA — MORRO BAY CITY COUNCIL REGULAR MEETING — FEBRUARY 24, 1986 PAGE TWO D-3 EXPENDITURE REPORT — JANUARY 1986 D-4 CHAMBER OF COMMERCE MONTHLY REPORT — JANUARY 1986 D-5 SET DATE FOR JOINT STUDY SESSION ON TIDELANDS PARK CONCEPT PLAN AND HARBOR COMMISSION PRIORITY LIST (2-26-86) D-6 AWARD OF PINEY WAY STREET OVERLAY PROJECT CONTRACT D-7 RESOLUTION NO. 17-86 SUPPORTING MOVEMENT OF STATE FIRE TRAINING SITE TO CAMP SAN LUIS OBISPO E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY CLOSED SESSION 1. GOVERNMENT CODE SECTION 54956.9(a)o RODGERS VS. CITY OF MORRO BAY 2. GOVERNMENT CODE SECTION 54956.8: REAL ESTATE (DOMENGHINI) F. ADJOURNMENT ADJOURN TO WEDNESDAY, FEBRUARY 26, 1986, 7 PM, RECREATION HALL FOR JOINT STUDY SESSION WITH PARKS AND RECREATION COMMISSION AND HARBOR COMMISSION MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 24, 1986 RECREATION HALL - 7:00 P.M. Mayor Zeuschner called the meeting to order at 7:00 p.m. ROLL CALL PRESENT: Bud Zeuschner Ray Kaltenbach Jim Miller Bruce Risley Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Judy Skousen Forrest Henderson Mike Multari Nick Nichols Dave Norton Mike Upton Elane Novak Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Asst. to the City Admin. Comm. Development Dir. Public Works Director Water Engineer Administrative Assistant Deputy City Clerk Horace Strong led the Pledge of Allegiance, the invocation was given by Tom Dillard of the Estero Bay United Methodist Church. ORAL COMMUNICATIONS None A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PUBLIC HEARING ON ZOA 01-86, INTERIM URGENCY ORDINANCE FOR NORTH MAIN STREET, ORDINANCE NO. 280 Mr. Multari noted this is a City -initiated proposal involving North Main Street to temporarily require new development not to conflict with a specific plan currently be prepared for this area. He reviewed the background of the issue and recommended Council hold a public hearing and adopt Ordinance No. 280. Mayor Zeuschner opened the matter to the public for comments; there were no comments. MOTION: Councilmember Risley moved Ordinance No. 280 be read by title and number only. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) Mr. Napper read Ordinance No. 280 by title and number only. MINUTES - MORRO BAI JTY COUNCIL REGULAR MEETING - FEBRUARY 24, 1986 PAGE 2 Councilmember Miller asked if the City would be stopping anyone from building by passing this ordinance. Mr. Multari said not at this time; but, even if some are being contemplated they could still apply, it would only be subject to a conditional use permit process by this ordinance. MOTION: Councilmember Risley moved for the adoption of Ordi- nance No. 280 with findings as submitted and staff be authorized to re -advertise the interim ordinance. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) A-2 APPEAL OF PLANNING COMMISSION'S DENIAL OF CUP 01-86 (ADDITION TO NEW MOTEL AT 450 EMBARCADERO) Mr. Multari stated the applicant, Mr. Biaggini, had appealed the Planning Commission's denial of his request for a Conditional Use Permit to add an addition to his motel to house two spas. Mr. Multari reviewed this case and stated the Planning Commission had denied the request with the finding that no new public benefits have been incorporated into the project to justify a waiver from the usual rear yard setback. The applicant maintains the public amenities currently in the project justify the setback reduction. It was noted the Harbor Commission had approved the request. Councilmember Risley asked if the drainage ditch on the east side of the property was on the owners property or City property. It was determined the drainage ditch was on the owner's property. Councilmembers asked if there were other motels in the area who had made additions for spas and how it would affect the water situation. Mr. Multari noted two additions in the City involving spas and said this sort of use was averaged in when the water determination allowance was made, so no additional water equiva- lency was given or necessary. Mayor Zeuschner opened the hearing to the public. Nancy Bast spoke against the appeal; she stated the project has been misrepresented from the beginning in that the roof height was to have been 27 feet and instead is 29 feet, the motel was not to have obstructed a view of the bay from the bluff, there are stacks of building material which have been stored on City property for several weeks, sand was stored on City property until the applicant was threatened with litigation, and the applicant already built the floor to house the spas. Also speak- ing against the appeal were Nelson Sullivan and Katherine Walling; they were concerned about spas from a public health standpoint. Mr. Sullivan indicated this use of a precious resource like water for tourists is ridiculous. Speaking in favor of the appeal were the appellant, Mr. Biaggini, and architect for the project, Don West. They stated they had complied with City regulations. MINUTES - MORRO BAD ;ITY COUNCIL REGULAR MEETING - FhBRUARY 24, 1986 PAGE 3 MOTION: Councilmember Risley moved Council deny the application and uphold the Planning Commission recommendation. The motion was seconded by Councilmember Kaltenbach and failed on the following roll call vote: AYES: Kaltenbach, Risley NOES: Miller, Sheetz, Zeuschner Councilmembers discussed the appeal; Councilmember Sheetz asked Mr. Biaggini if he would be willing to provide some parking by the stairway and a viewing point, since Pacific St. was a dead- end street, as a way of providing additional public amenities to compensate for allowing the reduction in setback. Mr. Biaggini indicated he would be willing to help provide public parking along with the required viewing platform and landscaping. MOTION: Councilmember Sheetz moved the Harbor Commission action be upheld and staff be directed to work with the appli- cant to incorporate the parking idea for Anchor Street and determine the applicant's compensation/contribution to be made, and return the matter at the next Council meeting. The motion was seconded by Councilmember Miller and carried with Councilmember Kaltenbach voting no. ( 4-1 ) A-3 TRANSIT REPORT BY CITY DELEGATE TO SAN LUIS OBISPO CITIZENS TRANSPORTATION ADVISORY COMMITTEE (CTAC)� Bea Rohan, the City Delegate to the CTAC, gave a report on her activities since appointed to this position. She reviewed the various problems currently being experienced by the City's Dial - A -Ride system due to employee turn -over. She said the 15 minute waiting time previously enjoyed by Morro Bay citizens can now turn into a 45 minute to one hour wait. Ms. Rohan stated the Dial -A -Ride contractor is not being very nice to their clients by allowing the service to degrade. However, their wage scale is comparable, and part-time work is the transit industry standard. Vicki Bowling and Jane Von Koehe also discussed problems with the Dial -A -Ride system, indicating the "new" service level is poor and inadequate. After further discussion by Council and staff, it was decided to reactivate an Ad Hoc Committee on transportation which had been functioning some years ago. Staff was directed to contact Ms. Bowling as she agreed to serve on the committee. The members who served previously on this committee will be contacted to see if they wish to continue in this capacity. The new committee should try to meet beginning April 1986. A-4 GRANT APPLICATION FOR CDBG FUNDS FOR HOUSING REHAB PROGRAM (PULLED) MINUTES - MORRO BA1 CITY COUNCIL REGULAR MEETING - FEBRUARY 24, 1986 PAGE 4 A-5 RESOLUTION NO. 16-86 APPROVING A_ TIME EXTENSION FOR TENTA- TIVE TRACT MAP NO.� 1077E 88-UNIT CONDOMINIUM PROJECT AT IRONWOOD AND HIGHWAY 41 Mr. Napper stated the applicant has applied for a 12 month time extension for an 88-unit residential condominium project which was approved in February 1984. The Planning Commission had rec- ommended approval of the time extension since the project has not been revised and meets all original requirements. There was discussion regarding the possibility the property is up for sale; Mr. Multari stated no water equivalencies have been granted for this project, and tentative tract map entitlements can be sold but the buyer is only receiving a CUP and a tentative tract map. Louise Boxley, a nearby resident to the project, spoke in opposi- tion to allowing the time extension; she felt the City did not need anymore of these types of projects. MOTION: Councilmember Sheetz moved staff be directed to prepare the proper findings for Council to deny the time exten- sion. The motion was seconded by Councilmember Kaltenbach and carried with Councilmember Miller and Mayor Zeuschner voting no. (3-2) B. UNFINISHED BUSINESS B-1 DISCUSSION OF OFF-SHORE/ON-SHORE OIL FACILITIES PROHIBITION Mr. Napper discussed the matter of this item being tabled to this meeting, and the staff report which included information regard- ing the City's current policies and ordinances regarding oil facilities. MOTION: Councilmember Kaltenbach moved to table the matter. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) B-2 SELECTION OF STREET(S) FOR CONTRACT STREET OVERLAY PROJECT Mr. Nichols reported on the streets Council had requested infor- mation on for possible overlay; Bernardo, Ironwood, Kern. He noted there is still work involving waterlines and/or gas lines on all these streets which needs to be accomplished before resur- facing. Mr. Reasor asked why Avalon Street has not been repaired. He said $135,000 had been appropriated in 1978 and $140,000 in 1979 for Avalon and Avalon was never resurfaced. MOTION: Councilmember Risley moved to accept the staff report and overlay Quintana Road from Main Street to Morro Bay MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - P-3RUARY 24, 1986 PAGE 5 Boulevard. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) The Council took a break from 9:06 p.m. to 9:19 p.m. C. C-1 NEW BUSINESS PUBLIC WORKS DEPARTMENT ANNUAL REPORT Mr. Nichols reviewed his report for Council which included the Engineering, Administration, Water, Wastewater and Maintenance Divisions. Councilmember Risley felt that the Department's moving from pro- ject to project hampers continuity; Mr. Nichols responded that Council has several priorities which makes it difficult to com- plete one task before going on to another. Councilmember Risley asked about the waterline replacement per- sonnel hiring. Mr. Nichols stated the weather has taken priority responding to storm damage; the deadline on receiving applica- tions recently closed, so the process now would be to interview applicants. Mayor Zeuschner suggested information on these City projects and progress could be included in the City Newsletter so people will known what is going on in the City. C-2 WATER BASIN RECOVERY AND WELL LEVEL REPORT Mr. Nichols reviewed the recent well levels, and stated the City has received approximately 4 inches more rain this year (11.14) than last year (7.5). He reported on the well levels in each water basin and associated quality problems. He also indicated any problems related to Total Dissolved Solids (TDS)��namely bad taste and odor, are not health problems; one cannot treat TDS problems. Devin Thor of the Chamber of Commerce encouraged the City to pur- sue getting water from Toro Basin and using emergency water on the Domenghini property. Mayor Zeuschner suggested he obtain a copy of the Water Management report. D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF FEBRUARY 10L 1986 Mr. Napper recommended Council approve the minutes as submitted. D-2 STATEMENT OF INVESTMENTS Mr. Napper recommended Council receive the report for file. MINUTES - MORRO BA` JTY COUNCIL REGULAR MEETING - FEBRUARY 24, 1986 PAGE 6 D-3 EXPENDITURE REPORT - JANUARY 1986 Mr. Napper recommended Council approve the Expenditure Report as submitted. D-4 CHAMBER OF COMMERCE MONTH REPORT - JANUARY 1986 Mr. Napper recommended Council receive the report for file. D-5 SET DATE OF JOINT STUDY SESSION ON TIDELANDS PARK CONCEPT OR C MMISSION PRIORITY LIST (2-26-86) Mr. Napper recommended Council set 26 February 1986 at 7:00 p.m. in the Recreation Hall for the joint study session. r AWARD OF PINEY WAY STREET OVERLAY PROJECT CONTRACT Mr. Napper recommended Council award Bid No. PW 85-17 to Madonna Construction Co. in the amount of $62,342. D-7 RESOLUTION NO. 17-86 SUPPORTING MOVEMENT OF STATE FIRE TRAINING SITE TO CAMP SAN LUIS OBISPO Mr. Napper recommended Council adopt Resolution No. 17-86 and direct the City Clerk to send copies to appropriate entities for their support. Councilmember Miller asked that D-5 be pulled for discussion. MOTION: Councilmember Risley moved for the approval of the Con- sent Calendar with the exception of item D-5. The motion was seconded by Councilmember Sheetz and unani- mously carried. (5-0) D-5 TIDELANDS PARK JOINT STUDY SESSION There was discussion regarding the subjects to be covered; it was suggested a time be set to finish discussion regarding Tidelands Park so as to reserve time for consideration of the Harbor prior- ity lists. Mr. Napper indicated he would work with the Mayor to incorporate this suggestion into the planned agenda. MOTION: Councilmember Miller moved for approval of the joint study session. The motion was seconded by Council - member Risley and unanimously carried. (5-0) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL A. Councilmember Miller stated the California Men's Colony has invited Councilmembers and staff to visit the CMC facility. MINUTES - MORRO BAI, JTY COUNCIL REGULAR MEETING - FEBRUARY 24, 1986 PAGE 7 B. Councilmember Risley stated he had received calls com- plaining about the height of the Biaggini motel, and noted the present Council had not approved that project. Councilmember Sheetz also stated she had been getting calls regarding the High- way Beautification project and its untimely use of water which a previous Council had approved. She suggested the Mayor prepare a letter to the editor explaining the present Council is not responsible for the approval of these projects. Councilmember Risley preferred receiving a report initially on the facts of the Biaggini project. MOTION: Councilmember Risley moved the Planning Department be directed to report on the height limit changes on the Biaggini motel. The motion was seconded by Council - member Kaltenbach and carried with Councilmember Miller voting no. ( 4-1 ) C. Mayor Zeuschner requested Council submit their recom- mendations to him for individuals to serve on the Fire Master Plan Funding Committee by the next meeting. E-3 CITY ADMINISTRATOR A. Mr. Napper requested a closed session to discuss liti- gation and real property negotiations. B. Mr. Napper advised Council Mr. Agee had resigned from the TV Franchise and Services Board. Council discussed this matter and decided staff should contact the one other individual who had also applied during the last recruitment and ask if he was still interested in serving. If not, the seat is to be left vacant. ADJOURNMENT MOTION: Councilmember Kaltenbach moved the meeting adjourn to closed session. The motion was seconded by Council - member Miller and unanimously carried. (5-0) Mayor Zeuschner read the Closed Session Announcement; the exist- ing litigation to be discussed involved Rodgers vs. City of Morro B_fL2 and City of Morro Bay vs. Theodore S. Brown; the real prop- erty negotiations involved Domenghini property. The meeting adjourned to closed session at 10:30 p.m. and returned to regular session at 11:14 p.m. MOTION: Councilmember Sheetz moved the meeting be adjourned to Wednesday, February 26, 1986 at the Recreation Hall at 7:00 P.M. for a joint meeting with the Harbor Commis- sion and the Recreation and Parks Commission regarding Tidelands Park. The motion was seconded by Council - member Miller and unanimously carried. (5-0) MINUTES - MORRO BAY 'ITY COUNCIL REGULAR MEETING - P-dRUARY 24, 1986 PAGE 8 The meeting adjourned at 11:15 p.m. Recorded by: ELANE NOVAK Deputy City Clerk