Loading...
HomeMy WebLinkAboutCC_1987-01-26 Regular Meeting MinutesMORRO BAY CITY COUNCId REGULAR MEETING _ JANUARY 26, 1987 AGENDA RECREATION HALL 7:00 P.M. ROLL CALL INVOCATION - REVEREND CHARLES ERICKSON, ST. PETER'S EPISCOPAL CHURCH PLEDGE OF ALLEGIANCE PRESENTATIONS PUBLIC COMMENT PERIOD Members of the audience wishing to address the Council on any matter other than scheduled hearingitems ( Section B ) may do so at this time by stand- ing, awaiting recognition by the Mayor, and then stating your name and address. Comments should be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council to discuss under New Business, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES OF THE JANUARY 12, 1987 REGULAR MEETING A-2 LABOR RELATIONS SERVICES CONTRACT WITH BECKER & BELL, INC. A-3 DECLARATION OF PROPERTY SURPLUS TO CITY NEEDS A-4 EXPENDITURE REPORT, DECEMBER 1986 A-5 STATEMENT OF INVESTMENTS, DECEMBER 1986 A-6 RESOLUTION NO. 4-87 AMENDING BOUNDARIES OF UNDERGROUND UTILITY DISTRICT NO. 3 A-7 REJECTION OF LIABILITY CLAIM - MAINO CONSTRUCTION A-8 APPROVAL OF FINAL TRACT MAP 1262 (SURF STREET CONDOMINIUMS) B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 DISCUSSION OF ORDINANCE NO. 207 (MEASURE D, INITIATIVE MEASURE ADOPTED JUNE 1981) RELATIVE TO EXPANSION PROPOSALS BY FISH SHANTY (LEASE SITE 134-136) AND SALT WATER TAFFY (LEASE SITE 137) ORD BILEHOME B-2 TNSTABILIZAT ON ENACTING OREQUIREMENT AND AND RECREATIONAL AMENDMENTSVEHICLE RENPURPOSE REN AND INTENT (FIRST READING) B-3 CITIZENS' PETITION FOR THE FORMATION OF A STREET ASSESSMENT DISTRICT FOR PUBLIC ACQUISITION AND IMPROVEMENTS TO MIMOSA STREET B-4 REHEARING ON DENIED CUP 47-86 FOR A PESTICIDE BUSINESS OFFICE AND SECURITY QUARTERS AT 995 ALLESANDRO (MARSHALL KING, APPLICANT) B-5 ORDINANCE NO. 298 ESTABLISHING A 7 MEMBER HARBOR ADVISORY BOARD (FIRST READING) B-6 ANNUAL REPORT CONCERNING THE WATER PIPELINE REPLACEMENT PROGRAM AND THE WATER RETROFIT PROGRAM C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 300 EXPANDING THE RECREATION AND PARKS COMMISSION TO 7 VOTING MEMBERS (FINAL READING AND ADOPTION) C-2 CITIZENS ADVISORY COMMITTEE REPORT ON ELEVATOR AND AUDITORIUM SIZE FOR COMMUNITY CENTER 19 NEW BUSINESS D-1 REQUESTS FOR WAIVER OF DEED RESTRICTION (GOOSEV; KALINOWSKI) D-2 ASSIGNMENT OF TITLE OF LEASE SITE 86/86W (YOCUM DBA FISH BOWL/SOUTHERN PORT TRADERS) - PULLED D-3 ADMINISTRATOR RECOMMENDED BUDGET FOR FY 86-87 CAPITAL IMPROVEMENT PROJECTS D-4 AWARD OF PUBLIC SAFETY COMMUNICATIONS EQUIPMENT BID D-5 RESOLUTION NO. 10-87 REJECTING BIDS AND STATING FINDINGS OF FACT FOR THE USE OF DAY LABOR; WATERLINE REPLACEMENT PROJECT NO. PW 86-04 D-6 REVIEW OF PROPOSED CITY MASTER LEASE DOCUMENT E. CLOSED SESSION NONE F. ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 26, 1987 RECREATION HALL - 7:00 P.M. Mayor Reddell called the meeting to order at 7:00 P.M. I?M.T. r'AT.T. PRESENT: Dale Reddell Mayor John Lemons Councilmember Jeff Odell Councilmember Rose Marie Sheetz Councilmember ABSENT: Jim Miller Councilmember STAFF• Gary Napper City Administrator Judy Skousen City Attorney Louise Burt Finance Director Alan Davis Harbor Director Bill Farrel Comm. Development Dir. Forrest Henderson Asst. to City Admin. Dave Howell Police Chief Nick Nichols Public Works Director Bernie Zerr Fire Chief Horace Strong gave the invocation and led the Pledge of Allegiance. PRESENTATIONS Mayor Reddell presented Certificates of Appreciation as follows: Sarah Mattie, Amanda Mueller, and Kim Evans for assistance in a boating incident on December 27, 1986; Jim Hayes, Mason Hayes, Sherrilyn Cox, and Patrick McCleary for assistance in a garage fire on December 11, 1986; and to Steve Schoenfeld for his stu- dent intern work in the Harbor Department on Tidelands Lease files. Mayor Reddell commended all individuals for their assistance to the City. He also commended Fire Chief Zerr for his coordination of rescue operations during the December 27th boating accident. Mayor Reddell observed the rescue operations first-hand and stated he was impressed by Chief Zerr's command of the situation. PUBLIC COMMENT 1. Joseph Giannini Sr. objected to Council holding secret closed sessions to discuss threatened litigation on Measure D; he reviewed the legal findings to hold closed sessions. MINUTES - MORRO BA1 CITY COUNCIL REGULAR MEETING - JANUARY 26, 1987 PAGE 2 2. Mary Phillips requested agenda time before City Council regarding the Community Center; she wished to be placed on the agenda before a February 13th meeting she will be attending. Councilmember Sheetz asked if Council should respond to Mr. Giannini's allegations of illegality. Mr. Napper stated it was his belief the City was in compliance, but the City Attorney should respond in writing as she makes the determinations as to the legality of Council holding closed sessions. Councilmember Lemons noted the length of tonight's agenda and suggested Council establish an adjournment time and schedule an- other evening to finish the items on the agenda. MOTION: Councilmember Lemons moved this meeting be adjourned upon completion of whatever item Council is discussing near 11:00 p.m., and adjourn to Wednesday, January 28, 1987 at 6:30 p.m. in the Recreation Hall. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0) DECLARATION OF FUTURE AGENDA ITEMS 1. Councilmember Odell requested an item be schedule for discussion regarding the appointment of an ad -hoc citizens com- mittee to work in conjunction with the Harbor Advisory Board on the Harbor Master Plan; the committee should include 3 to 5 peo- ple with a representative from the Harbor Advisory Board. 2. Councilmember Sheetz requested an item be scheduled on the agenda to discuss the status of the area behind Happy Jack's including the cypress trees and the trailer park; she said there are people living and sleeping under the trees. A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES OF THE JANUARY 12, 1987 REGULAR MEETING Mr. Napper recommended the minutes be approved as submitted. A-2 LABOR RELATIONS SERVICES CONTRACT WITH BECKER & BELL, INC. Mr. Napper recommended Council approve an 18-month agreement through July 1988 in the base amount of $17,500. M DECLARATION OF PROPERTY SURPLUS TO CITY NEEDS Mr. Napper recommended Council declare the property/equipment list surplus to the City's needs, and authorize staff to dispose of it at public auction. A-4 EXPENDITURE REPORT, DECEMBER 1986 Mr. Napper recommended Council approve the report as submitted. MINUTES - MORRO BAD CITY COUNCIL REGULAR MEETING - JANUARY 26, 1987 PAGE 3 A-5 STATEMENT OF INVESTMENTS, DECEMBER 1986 Mr. Napper recommended Council receive the report for file. A-6 RESOLUTION NO. 4-87 AMENDING BOUNDARIES OF UNDERGROUND UTILITY DISTRICT NO. 3 Mr. Napper recommended Council adopt Resolution No. 4-87. A-7 REJECTION OF LIABILITY CLAIM ^-_MAINO CONSTRUCTION Mr. Napper recommended Council deny the claim and instruct the City Clerk to send the rejection notice. A-8 APPROVAL OF FINAL TRACT MAP 1263_(SURF �STREET CONDOMINIUMS) Mr. Napper recommended Council approve the Final Map and instruct the City Clerk to sign and record the document. MOTION: Councilmember Lemons moved for the approval of the Con- sent Calendar. The motion was seconded by Councilmem- ber Sheetz and unanimously carried. (4-0) B. PUBLIC HEARINGS, REPORTS & APPEARANCES us DISCUSSION OF ORDINANCE NO. 20_7_ (MEASURE D, INITIATIVE MEASURE ADOPTED DUNE 1981) RELATIVE TO EXPANSION PROPOSALS BY FISH SHANTY (LEASE SITE 134-136) AND SALT WATER TAFFY LEASE SITE 137 Bill Farrel outlined the proposed expansions on City lease sites and the ambiguities in the Code relative to Measure D, a people's initiative prohibiting development or expansion in the area from Beach Street to Target Rock. Staff is requesting clarification from Council as to whether or not non -conforming uses are allowed to expand in this area. Mayor Reddell opened the hearing to the public for comments. Stuart Baron, attorney representing Savannah Williams of Crill's Salt Water Taffy, reviewed the expansion which consists of en- closing a breeze -way area between the Salt Water Taffy area and the Fish Shanty Restaurant. He believed the intent of the ini- tiative was to prevent massive development of the area rather than the minor expansion proposed. Joseph Giannini, one of the authors of Measure, read from a legal brief he intended to file, if necessary, in support of Measure D; he said Measure D specifically prohibits the expansion or en- largement of any non -conforming use in the area encompassed by Measure D. MINUTES - MORRO BA', C-ITY COUNCIL REGULAR MEETING - JANUARY 26, 1987 PAGE 4 Ed Ewing stated he signed the original petition on Measure D and believed at the time the initiative was to prohibit additional development in the area, not to prevent existing leaseholders from expanding within their lease boundaries. Mike DeGarimore, leaseholder to the north of the Fish Shanty, spoke in favor of allowing the expansions as proposed. Ray Biering, representing the Waterfront Leaseholders Associa- tion, spoke in favor of the expansion noting the proposals do not conflict with the fishing industry which is what Measure D was designed to protect. Nelson Sullivan, President of the Citizens Action League, stated their Board of Directors voted unanimously to urge the City Coun- cil to uphold Measure D to the strict interpretation of the Ordinance. Mr. Giannini was allowed additional opportunity to continue to read from his legal brief in support of upholding Measure D to not allow expansions. Council discussed this matter at length with questions to the City Attorney. Ms. Skousen advised Council has a duty to inter- pret the law; if someone disagrees with the interpretation, they can take the matter to court and a judge will decide if the City Council was wrong or right in its interpretation. Councilmember Sheetz stated whatever decision the Council makes, someone will sue the City; either the leaseholders who wish to expand, or the authors of Measure D who wish the law held to its strictest interpretation. MOTION: Councilmember Sheetz moved Council uphold the Planning Commission and Harbor Commission's recommendation to not allow expansion of these lease sites. The motion died for lack of a second. Councilmember Reddell was in favor of allowing the expansion within the lease boundaries. Ms. Skousen stated there is a dif- ference between the two applications; the Fish Shanty's applica- tion does not increase its use, while the Salt Water Taffy pro- posal will increase the retail sales area and increase its use. Council may wish to approve the proposal that does not increase the use of the lease. Council discussed placing the matter on the ballot for clarifica- tion of Measure D by the voters, and it was noted a special elec- tion may cost less than as a law suit. Mr. Napper suggested a special election may cost the City $3,000 to $4,000. MOTION: Mayor Reddell moved Council approve the Fish Shanty ex- pansion and table the Salt Water Taffy proposal until the requirement for one additional parking space can be MINUTES - MORRO BA. CITY COUNCIL REGULAR MEETING - JANUARY 26, 1987 PAGE 5 resolved, at which time it should be brought back for Council consideration. The motion died for lack of a second. MOTION: Councilmember Sheetz moved Council order a special election to determine whether or not Measure D should continue on the books as a City ordinance. The motion was seconded by Councilmember Lemons. Mr. Napper suggested Council not call a special election at this time, but request staff to return with proposed ballot wording and information regarding a special election. MOTION: Councilmember Sheetz amended her motion to instruct staff to return with a proposed ballot measure that would clarify Measure D for circumstances such as those being brought up this evening. The amendment was ac- cepted by Councilmember Lemons and the motion was unan- imously carried. (4-0) MOTION: Councilmember Sheetz moved the 2 items considered this evening be tabled until such time as a decision is made whether or not to call a special election to interpret Measure D. The motion was seconded by Mayor Reddell and unanimously carried. (4-0) B-2 ORDINANCE NO. 299 ENACTING_ MOBIL_EHOME AND RECREATIONAL VEHI- CLE PARK RENT STABILIZATION_ RESIDENCY REQUIREMENTS AND AMENDMENTS TO PURPOSE AND INTENT -(FIRST READING) Forrest Henderson reviewed the changes in the ordinance which ex- cludes recreational vehicles and mobilehomes from the ordinance which are not actual domiciles of individuals. It.also sets fur- ther findings for establishing the ordinance. Mayor Reddell opened the matter to public hearing. Mr. Sloan stated the ordinance is discriminating against people who have second homes in Morro Bay. Councilmember Sheetz stated she opposed the amendment; the people who have second homes in Morro Bay contribute to the City's econ- omy and are entitled to protection under the ordinance. Coun- cilmember Odell stated the amendment would create two classes of tenants; he was not in favor of the amendment. MOTION: Councilmember Lemons moved this matter be tabled until the next meeting. The motion was seconded by Mayor Reddell and failed on the following roll call vote: AYES: Lemons, Reddell NOES: Odell, Sheetz ABSENT: Miller MINUTES - MORRO BA. CITY COUNCIL REGULAR MEETING - JANUARY 26, 1987 PAGE 6 Councilmembers continued to discuss this matter. MOTION: Councilmember Sheetz moved this matter be referred back to the original citizen committee reviewing this sub- ject, with Councilmember Miller serving as the Council representative on the committee. The motion was sec- onded by Councilmember Odell. Councilmember Lemons stated this suggestion should have been made at the last meeting; he would not support the motion at this time because it will not expedite the process. The motion carried on the following roll call vote: AYES: Odell, Sheetz, Reddell NOES: Lemons ABSENT: Miller MOTION: Councilmember Lemons moved the committee be directed to return with a report at the first meeting in February. The motion was seconded by Councilmember Odell and unanimously carried. (4-0) B-3 CITIZENS' PETITION _FOR _THE FORMATION OF A STREET ASSESSMENT DISTRICT FOR PUBLIC_ ACQUISITION AND IMPROVEMENTS TO MIMOSA STREET Mr. Napper reviewed the previous Council's consideration and no action on this matter, and property owners' requests for recon- sideration. He noted the attorney for the owners of Mimosa Street has requested continuance of this matter until he able to be present. Mr. Napper recommended, however, Council adopt the Resolutions proposed this evening which do not obligate the City or the property owners to incur any costs. The Resolutions will enable the parties to determine actual costs of the district and provide everyone with information on which to make an informed decision. He noted there is no requirement for a public hearing at this point in the procedure. MOTION: Councilmember Lemons moved Council adopt Resolutions No. 5-87,6-87, 7-87, and 8-87 and direct staff to nego- tiate the appropriate contracts with the engineer and bond -counsel at no cost to the City with the project scope to be street, drainage, curb, gutter and driveway improvements. The motion was seconded by Councilmember Sheetz and carried, with Councilmember Odell voting no. ( 3-1 ) For the record, the title of the Resolutions adopted are as follows: Resolution No. 5-87, approving proposed boundaries of assessment District MINUTES - MORRO BA CITY COUNCIL REGULAR MEETING - JANUARY 26, 1987 PAGE 7 Resolution No. 6-87, of intention to acquire and construct im- provements Resolution No. 7-87, determining to undertake proceedings pur- suant to special assessment and assessment bond acts for the acquisition and construction of improvements without pro- ceedings under Division 4 of the Streets and Highways Code Resolution No. 8-87, appointing Engineer and Attorney. Council took a recess from 9:05 p.m. to 9:21 p.m. B-4 REHEARING ON DENIED CUP47-86 FOR A _P_ESTI_C_IDE BUSINESS OFFICE AND SECURITYQUARTERS�995 ALLESANDRO (MARSHALL KING, APPLICANT) _ Bill Farrel reviewed past Council actions to uphold an appeal to deny a pesticide business office and security quarters. Mr. Mar- shall requested a rehearing based on his assertion Council was not in receipt of all information on the subject, and he was un- able to attend the first hearing due to health reasons. Mr. Farrel noted Mr. Marshall was previously granted a home occupa- tion permit in September, 1986, and that permit is not a subject of this hearing. Mayor Reddell opened the hearing to the public. Those speaking in favor of the appeal and Council denial of the pesticide business were Horace Strong, Katherine Kelly Grant, William Manley, Gerald Hannula, Randy Ruff, Walt Duba, and Jerry Noble. They were concerned about the dangers of the pesticide cylinders being carried on the trucks, the presence of hazardous chemicals on -site, and the traffic congestion caused by the trucks and employees of the business. Comments in favor of the pesticide business at that location were heard from Sandy and Marshall King. Mr. King emphasized the mea- sures taken to ensure safety of the chemicals being handled. Council asked numerous questions of Mr. Marshall and the neigh- bors, and questioned the Fire Chief about the hazards of the chemicals. Chief Zerr noted the possible hazards in having the chemicals stored on the trucks at that location; he preferred they not be allowed to be parked overnight in this residential neighborhood. MOTION: Councilmember Lemons moved Council uphold the Planning Commissions's approval of the Use Permit application conditioned there shall be no chemical storage on the property. The motion was seconded by Councilmember Sheetz. Council noted vehicles would be allowed to park near or on the property during the business day, but not overnight. MINUTES - MORRO BA. CITY COUNCIL REGULAR MEETING - JANUARY 26, 1987 PAGE 8 The motion was unanimously carried by roll call vote. (5-0) Mr. Napper stated staff would return with a resolution confirming Council action at the next meeting. B-5 ORDINANCE NO. 298 ESTABLISHING A 7 MEMBER HARBOR ADVISORY BOARD (FIRST READING) ­ _ Mr. Napper stated Council had considered this matter at their last meeting and made several refinements to the Ordinance. The ordinance is presented this evening for first reading. Mayor Reddell opened the hearing to the public; there were no comments. Councilmember Odell suggested amending the Ordinance in Section 15.48.030(E) to read "A list of at least two (2) or more individ- uals who reside in the Los Osos/Baywood area nominated by the San Luis Obispo County Supervisor representing the City of Morro Bay;" Council agreed with the amendment. Mayor Reddell opened the hearing to the public for comment on the Ordinance and amendment; there were no comments. MOTION: Councilmember Sheetz moved Ordinance No. 298 be read by title and number only. The motion was seconded by Councilmember Odell and unanimously carried. (4-0) Mr. Napper read Ordinance No. 298 by title and number only. MOTION: Councilmember Sheetz moved for adoption of the first reading of Ordinance No. 298. The motion was seconded by Councilmember Lemons and unanimously carried. (4-0) ADJOURNMENT MOTION: Councilmember Sheetz moved the meeting adjourn to Wednesday, January 28, 1987 at 6:30 p.m. in the Recre- ation Hall for continuation of this meeting. The mo- tion was seconded by Councilmember Lemons and unani- mously carried. (4-0) The meeting adjourned at 10:57 p.m. Recorded by: 4i� ARDITH DAVIS Deputy City Clerk