HomeMy WebLinkAboutCC_1987-02-09 Regular Meeting MinutesMORRO BAY
CITY COUNCIJ
REGULAR MEETING - FEBRUARY 9, 1987 AGENDA
RECREATION HALL - 7:00 P.M.
ROLL CALL
INVOCATION - REVEREND JIM KENNEMUR, FIRST CHRISTIAN CHURCH
PLEDGE OF ALLEGIANCE
PRESENTATIONS
PUBLIC COMMENT PERIOD 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 normelly 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 REGULAR MEETING OF JANUARY 26, 1987 AND
THE ADJOURNED REGULAR MEETING OF JANUARY 28, 1987
A-2 AWARD OF BID NO. PW 87-028, WATERLINE MATERIALS AND FIRE HYDRANTS
A-3 SET DATE TO INTERVIEW/SELECT STREET ADVISORY COMMITTEE
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 COMMITTEE REPORT ON ORDINANCE NO. 299 ENACTING MOBILEHOME AND
RECREATIONAL VEHICLE PARK RENT STABILIZATION RESIDENCY REQUIREMENTS
AND AMENDMENTS TO PURPOSE AND INTENT (INTRODUCTION/FIRST READING)
B-2 HEARING FOR APPEAL OF 1986 WEED ABATEMENT CHARGES
B-3 REPORT ON CALTRANS PLANS TO INCREASE HIGHWAY 1 SPEED LIMIT TO 55 MPH
NEAR SAN JACINTO AND YERBA BUENA (PULLED)
B-4 HEARING AND RESOLUTION NO. 13-87 AUTHORIZING CITY APPLICATION FOR LAND
AND WATER CONSERVATION GRANT FUNDS (DEL MAR PARK)
B-5 PROPOSED 1986-87 CAPITAL IMPROVEMENT BUDGET
B-6 DISCUSSION BY MARY PHILLIPS REGARDING COMMUNITY CENTER
C. UNFINISHED BUSINESS
C-.1 ORDINANCE NO. 298 ESTABLISHING A 7 MEMBER HARBOR ADVISORY BOARD
(SECOND READING/FINAL ADOPTION)
C-2 CONSIDERATION OF BALLOT MEASURE TEXT FOR SPECIAL ELECTION TO CLARIFY
MEASURE "D" (COMMERCIAL FISHING ZONE)
C-3 RESOLUTION NO. 16-87 APPROVING AND MODIFYING CUP NO. 47-86 (PESTICIDE
BUSINESS/SECURITY QUARTERS AT 995 ALLESANDRO)
C-4 COUNCIL SUB -COMMITTEE REPORT ON RENEWAL OF CITY ATTORNEY CONTRACT
C-5 REVIEW OF PROPOSED CITY MASTER LASE DOCUMENT
D. NEW BUSINESS
D-1 MEASURE "B" (WILLIAMS PROPERTY REZONING) LAND USE PLAN AMENDMENT
SUBMITTAL TO COASTAL COMMISSION
D-2 ASSIGNMENT OF LEASE SITE 129W-133W (DBA PACIFIC SHELLFISH) TO GUGGIA
ENTERPRISES (PULLED)
D-3 STATUS REPORT ON CITY/COUNTY TWIN BRIDGES PROJECT
D-4 CONSIDERATION OF RESOLUTION NO. 14-87 APPROVING ENCUMBRANCE TO LEASE
AND RESOLUTION NO. 15-87 APPROVING A NEW FIFTEEN YEAR LEASE (LEASE
SITE 96/96W DBA WHALE'S TAIL RESTAURANT)
D-5 CONSIDERATION OF CITY PARTICIPATION IN BICENTENNIAL CELEBRATION OF
U.S. CONSTITUTION
D-6 COUNCIL DISCUSSION OF "VRM" PROPERTY, ZONING, AND PROSPECTS OF STATE
ACQUISITION
E. CLOSED SESSION
NONE
F. ADJOURNMENT
TO WEDNESDAY, 11 FEBRUARY 1987, 5:30 PM, CITY HALL CONFERENCE ROOM TO
INTERVIEW STREET ADVISORY COMMITTEE APPLICANTS
MINUTES - MORRO
REGULAR MEETING
RECREATION HALL
BAY CITY COUNCIL
- FEBRUARY 9, 1987
- 7:00 P.M.
Mayor Reddell called the meeting to order at 7:00 p.m.
ROLL CALL
PRESENT:
Dale Reddell
Mayor
John Lemons
Councilmember
Jim Miller
Councilmember
Jeff Odell
Councilmember
Rose Marie Sheetz
Councilmember
ABSENT:
None
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
Steve Wolter
Recreation and Parks Dir.
Bernie Zerr
Fire Chief
Ardith Davis
Deputy City Clerk
Horace Strong
gave the invocation
and led the Pledge of
Allegiance.
PRESENTATIONS
Mayor Reddell made presentations to Commissioners whose terms had
expired or been resigned during 1986, and expressed his apprecia-
tion for their service to the community. Those present were
Cable TV Franchise Board member Jim Murphy, Planning Commissioner
Alice Kolb, Recreation and Parks Commissioners Joan Silva and Tim
Barkas, Refuse Franchise Board member Robert Desomer, and Harbor
Commissioners Fred Deschler, Jody Giannini, Joe Nungaray, Jeff
Odell, and Lawrence Read.
Those not present but also receiving certificates were Cable TV
Franchise Board member Robert Bonds, Planning Commissioner Ernest
Maltby, Water Advisory Board members Grace Melton and Charles
Palmer, and Harbor Commissioners Nancy Bast, Peter Diffley, and
Mike Radon.
PUBLIC COMMENT PERIOD
1. Joseph Giannini, Sr. commented on the unsightly condi-
tion of the drapes in the Recreation Hall.
MINUTES - MORRO BA. 2ITY COUNCIL
REGULAR MEETING - FEBRUARY 9, 1987
PAGE 2
2. Marshall King wished to discuss his application under
item C-3 of the agenda; Mayor Reddell said he could speak when
the item came up.
DECLARATION OF FUTURE AGENDA ITEMS
1. Councilmember Lemons distributed a written memo and re-
quested an item be scheduled in the future to consider possible
changes to the ordinance regulating Council meetings, i.e.,
starting meetings at 6:00 p.m., adjourn by 11:00 p.m., etc.
A. CONSENT CALENDAR
A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JANUARY 26,
1987 AND THE ADJOURNED REGULAR MEETING OF JANUARY 28, 1987
Mr. Napper recommended Council approve the minutes as submitted.
A-2 AWARD OF BID NO. PW 87-028. WATERLINE MATERIALS AND FIRE
HYDRANTS
Mr. Napper recommended Council adopt Resolution No. 11-87 award-
ing a $72,283.59 contract to P.E. O'Hair and Co. for waterline
materials.
A-3 SET DATE TO INTERVIEW/SELECT STREET ADVISORY COMMITTEE
Mr. Napper recommended Council set 11 February 1987 at 5:30 p.m.
in the City Hall Conference Room to interview applicants for the
Street Advisory Committee.
MOTION: Councilmember Sheetz moved for approval of the Consent
Calendar. The motion was seconded by Councilmember
Lemons and unanimously carried. (5-0)
D-f MEASURE "B" (WILLIAMS PROPERTY REZONING LAND USE PLAN AMEND-
MENT SUBMITTAL TO COASTAL COMMISSION
MOTION: Councilmember Lemons moved consideration of item D-1,
Measure "B" (Williams Property Rezoning) Land Use Plan
Amendment Submittal to Coastal Commission, be postponed
to February 23rd. The motion was seconded by Coun-
cilmember Odell.
Councilmember Lemons stated he needed more time to review the
complex staff report on this item.
The motion was unanimously carried. (5-0)
MOTION: Councilmember Lemons moved any items on tonight's
agenda which have not been considered prior to 11:00
p.m. be continued to the adjourned meeting to be held
Wednesday, February 11, 1987.
MINUTES - MORRO BA. vITY COUNCIL
REGULAR MEETING - FEBRUARY 9, 1987
PAGE 3
The motion died for lack of a second.
Councilmember Odell thought Council would be able to get through
all items this evening.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 COMMITTEE REPORT ON ORDINANCE NO. 299 ENACTING_M_OBILEH_O_ME
AND RECREATIONAL VEHICLE PARK RENT STABILIZATION RESI_D_ENCY
REQUIREMENTS AND AMENDMENTS TO PURPOSE AND INTENT
(INTRODUCTION/FIRST READING)
Mr. Henderson reviewed the Ad -Hoc Committee meeting regarding
this amendment. The Committee voted 2-1 to recommend rejection
of the amendment. He noted the amendment excluded RV's from pro-
tection under the ordinance unless the RV was a domicile, or per-
manent place of residence.
Mayor Reddell opened the matter to the public for comment.
Those speaking in favor of the
Hugo Hampp of Cypress Trailer
Trailer Park, and Jack Curry of
Those speaking in opposition to
Wendy Ward, Justine Clark, and
Silver City Trailer Park.
amendment to the ordinance were
Park, Larry Smith of Bay Pines
Morro Dunes Travel Trailer Park.
adoption of the amendment were
Bonnie Kelly, all residents of
Mayor Reddell closed the hearing to the public.
Councilmembers discussed the amendment; Councilmember Odell asked
if the ordinance was discriminatory. Ms. Skousen stated the pur-
pose of the ordinance is to protect affordable housing for those
people of low income; one of the determinates of this is whether
their home is their only home or their second home. She did not
believe the ordinance would be considered discriminatory by the
courts.
MOTION: Councilmember Lemons moved Ordinance No. 299 be read by
title and number only. The motion was seconded by
Councilmember Miller and unanimously carried by roll
call vote. (5-0)
Mr. Napper read Ordinance No. 299 by title and number.
MOTION: Councilmember Miller moved this constitute the first
reading of Ordinance No. 299. The motion was seconded
by Councilmember Lemons and carried on the following
roll call vote:
AYES: Lemons, Miller, Odell, Reddell
NOES: Sheetz
MINUTES - MORRO BA. CITY COUNCIL
REGULAR MEETING - FEBRUARY 9, 1987
PAGE 4
B-2 HEARING FOR APPEAL OF 1986 WEED ABATEMENT CHARGES
Mr. Napper reviewed the annual weed abatement program noting 222
parcels were cleared in the City at an average cost of $80.37 per
parcel. He said no written or verbal appeals to the 1986 Program
had been received to date.
Mayor Reddell opened the matter to the public; there were no com-
ments or appeals and the hearing was closed.
MOTION: Councilmember Sheetz moved Council move on to the next
agenda item. The motion was seconded by Councilmember
Lemons and unanimously carried. (5-0)
B-3 REPORT ON C_ALTRANS PLANS TO INCREASE HIGHWAY 1 SPEED LIMIT
TO 55 MPH NEAR SAN JACINTO AND YERBA BUENA (PULLED)
Mr. Napper stated CalTrans staff were unable to attend this meet-
ing and requested postponement to the February 23rd meeting.
B-4 HEARING AND RESOLUTION NO. 13-87 AUTHORIZING CITY APPLICA-
TTON FOR LAND AND WATER CONSERVATION GRANT FUNDS (DEL_ MAR
PARK)
Mr. Wolter reviewed plans for development of Del Mar Park and the
application for Land and Water Conservation Funds in the amount
of $97,000 towards completing that development.
Mayor Reddell opened the hearing to the public; there were no
comments and the hearing was closed.
Councilmember Miller was concerned about the proposal replacing
the existing BMX track; Mr. Wolter explained the track is not as
popular as it once was and is not used for any program the City
operates.
MOTION: Councilmember Sheetz moved for adoption of Resolution
No. 13-87. The motion was seconded by Councilmember
Lemons and unanimously carried by roll call vote.
(5-0)
B-5 PROPOSED 1986-87 CAPITAL IMPROVEMENT BUDGET
Mr. Napper stated Council had continued this item to this meeting
and noted the proposed projects recommended for capital improve-
ments. He stated Council has full discretion to substitute pro-
jects as desired.
Council asked various questions regarding staff recommendations.
Councilmember Miller was concerned the Police Department would no
longer be receiving direct notice of security alarms from busi-
nesses in town. Mr. Napper stated Chief Howell's survey indi-
cated most businesses use private firms for reporting security
MINUTES - MORRO BA'. "ITY COUNCIL
REGULAR MEETING - FEBRUARY 9, 1987
PAGE 5
alarms activated; however, he would re-examine the policy with
the Chief.
Council also discussed the $77,000 recommended allocation for the
Beach Street Specific Plan, Phase 1, Public Improvements, and the
$33,459 of State monies earmarked for Market Street. Councilmem-
ber Lemons suggested a study prioritizing the streets in need of
repair. Mayor Reddell agreed stating Beach and Market Streets
might not be the best places to allocate these funds.
Mr. Napper noted the Traffic Circulation Plan should be to Coun-
cil within 3 or 4 months. Councilmember Sheetz stated Council
could reconsider those allocations during the annual budget
sessions.
Councilmember Miller suggested starting a "seed" fund to purchase
a ladder truck for the Fire Department.
Mayor Reddell opened the hearing to the public; there were no
comments and the hearing was closed.
Council discussed the street maintenance projects and a ladder
truck for the Fire Department. Mr. Napper said the Fire Financ-
ing Steering Committee is reviewing finance options for the Fire
Master Plan.
MOTION: Councilmember Sheetz moved Council adopt the proposed
1986-87 Capital Improvement Budget. The motion was
seconded by Councilmember Odell.
Councilmember Lemons offered a substitute motion:
R.M.
Councilmember Lemons moved Council approve the 1986-87
Capital Improvement Budget with the exception of item
B.5, Phase 1 - Beach Street Specific Plan in the amount
of $77,000, and item B.8, SB 300 Street Project, Market
Street in the amount of $33,459. The motion seconded
by Councilmember Miller and the substitute motion was
unanimously carried. (5-0)
DISCUSSION BY MARY PHILLIPS REGARDING COMMUNITY CENTER
Mr. Napper stated Mrs. Phillips had requested her item be post-
poned to the February 23rd meeting.
C.
UNFINISHED BUSINESS
C-1 ORDINANCE NO. 298 ESTABLISHING_ A 7 MEMBER HARBOR ADVISORY
BOARD -(SECOND READING FINAL ADOPTION)
Mr. Napper reviewed the ordinance and stated it will take effect
March 11th; during this time staff will advertise the new
positions.
MINUTES - MORRO BA_ CITY COUNCIL
REGULAR MEETING - FEBRUARY 9, 1987
PAGE 6
MOTION: Councilmember Odell moved. Ordinance No. 298 be read by
title and number only. The motion was seconded by
Councilmember Sheetz and unanimously carried. (5 - 0)
Mr. Napper read Ordinance No. 298 by title and number only.
MOTION: Councilmember Sheetz moved for final reading and adop-
tion of Ordinance No. 298. The motion was seconded by
Councilmember Odell and unanimously carried. (5-0)
C-2 CONSIDERATION OF BALLOT MEASURE TEXT FOR SPECIAL ELECTION TO
CLARIFY MEASURE "D" (COMMERCIAL FISHING ZONE)
Ms. Skousen reviewed the 4 proposed ballot texts to clarify the
language of Measure D. A fifth option would be to place the is-
sue before the Court for declaratory relief. In this way those
arguing for the strictest interpretation of the Measure, and
those in favor of allowing expansion on the two lease sites in-
volved could argue their cases before a judge. This cost might
be considerably less than a special election.
Councilmember Miller stated Measure D was to protect the commer-
cial fishing industry and he does not see how the proposed expan-
sions on Crill's Salt Water Taffy and the Fish Shanty sites hurt
the commercial fishing industry.
Councilmember Sheetz was in favor of Council making a decision on
interpreting the ordinance.
MOTION: Councilmember Miller moved Council re -open the public
hearing on expansion of the 2 businesses and Council
make a decision. The motion was seconded by Coun-
cilmember Sheetz and unanimously carried. (5-0)
There was considerable discussion regarding the two lease sites
and the types of expansions.
Mayor Reddell opened the hearing to the public.
Savannah Williams, Crill's Salt Water Taffy, explained the im-
provements she wished to make on the lease site which included
enclosing the breeze -way between the Fish Shanty and her build-
ing. She was very concerned about the liability of this area.
Ray Biering, attorney, stated the issue is whether or not the
proposed projects are consistent with the LCP and said Council
could refer the matter back to the Coastal Commission in the form
of an LCP amendment and let them straighten it out.
Nelson Sullivan stated the LCP says in clear language it does not
diminish the City's right to enforce stricter recommendations
than the LCP and questioned incorporation of Measure D into the
zoning ordinance.
Mayor Reddell closed the hearing to the public.
MINUTES - MORRO BA'. ,rCITY COUNCIL
REGULAR MEETING - FEBRUARY 9, 1987
PAGE 7
Councilmember Miller did not believe the two proposals violated
Measure D. Councilmember Odell believed the Fish Shanty applica-
tion is an expansion, but enclosing two walls in the Crill's Salt
Water Taffy proposal is not.
Ms. Skousen stated the proper action would be for Council to make
an interpretation of Measure D and refer the applications back to
the Planning Commission and direct them to process the applica-
tions in accordance with Council's interpretation.
Comments in favor of a strict interpretation of Measure D were
heard from Joseph Giannini.
MOTION: Councilmember Miller moved both projects be approved.
The motion was seconded by Councilmember Lemons.
There was further discussion on the motion and whether or not
Measure D allows expansion of the use of a site. Mr. Farrel
noted the Planning Commission has not acted on the use permits,
but requested an interpretation of Measure D from the Council.
Councilmember Lemons proposed a substitute motion:
Councilmember Lemons moved this matter be referred back
to the Planning Commission and they be advised the Coun-
cil's interpretation of Measure D is that projects
which do not expand the existing use do not violate the
provisions of Measure D or the LUP. The motion was
seconded by Councilmember Miller and the substitute mo-
tion carried, with Councilmember Odell voting no.
( 4-1 )
MOTION: Councilmember Lemons moved Section 17.34.020 of the Mu-
nicipal Code be referred to the Planning Commission for
re -writing to eliminate the double negative in section
B. The motion was seconded by Councilmember Odell and
unanimously carried. (5-0)
Council held a recess from 9:42 p.m. to 9:54 p.m.
C-3 RESOLUTION APPROVING AND MODIFYING CUP NO. 47-86 PESTICIDE
BUSINESS/SECURITY QUARTERS AT 995 ALLESANDRO)
Mr. Farrel reviewed this matter stating a Resolution has been
prepared at Council direction with conditions for approval of Mr.
King's pesticide business including prohibiting storage of chemi-
cals and vehicles on the site. He noted a need for clarification
due to the fact some of the chemicals Mr. King carries are avail-
able over-the-counter and many homes contain them. The resolu-
tion as written would prohibit any. chemicals on the site. He
suggested Council direct staff to research the toxic nature of
the various chemical and report back with revised language.
MINUTES - MORRO BA ITY COUNCIL
REGULAR MEETING - FEBRUARY 9, 1987
PAGE 8
Fire Chief Zerr agreed some of the chemicals may be safe for
storage on -site and he would like to research the matter further
and perhaps invite a person from the County Agriculture Depart-
ment to the next meeting who can answer questions regarding the
various types of chemicals.
Walt Duba objected to the proceedings and wanted to know if he
would be personally notified of future dates on which Council
would consider this matter. Mr. Napper stated staff would be at-
tempting to clarify the matter, and he would be notified of Coun-
cil hearings if he so requested in writing.
MOTION: Councilmember Sheetz moved the matter be returned to
staff for further chemical clarification by the County
Agriculture Commissioner. The motion was seconded by
Councilmember Miller and unanimously carried. (5-0)
C-4 COUNCIL SUB -COMMITTEE REPORT ON RENEWAL OF CITY ATTORNEY
('nNTR AC_T
Mayor Reddell reviewed the negotiations and stated the sub -com-
mittee is recommending: the basic retainer be increased by $500
per month; the contract be increased to two and one-half years
and that it be re -negotiated at the end of each fiscal year for
consideration in the annual budget process; and no extra hours
are guaranteed, however, the attorney is authorized extra hours
to bring current the backlog of legal issues now pending.
MOTION: Councilmember Sheetz moved Council adopt the recommen-
dations of the sub -committee to approve the Agreement
for legal services with Judy Skousen effective 15
February 1987, and authorize the Mayor and City Clerk
to sign on behalf of the City. The motion was seconded
by Councilmember Miller and unanimously carried. (5-0)
C-5 REVIEW OF PROPOSED CITY MASTER LEASE DOCUMENT
Mr. Napper suggested Council defer action on this item until con-
sideration of the Whale's Tail lease; that item (D-4) may provide
Council with guidance on this issue.
MOTION: Mayor Reddell moved Council table item C-5 and bring it
back for consideration after item D-4. The motion was
seconded by Councilmember Odell and unanimously
carried. (5-0)
D.
NEW BUSINESS
D-1 MEASURE "B" (WILLIAMS PROPERTY REZONING) LAND USE PLAN
AMENDMENT SUBMITTAL TO COASTAL COMMISSION
This item had been pulled to be considered at the February 23,
1987 meeting.
MINUTES - MORRO BA :ITY COUNCIL
REGULAR MEETING - FEBRUARY 9, 1987
PAGE 9
D-2 ASSIGNMENT OF LEASE SITE 129W-133W (DBA PACIFIC SHELLFISH TO
GUGGIA ENTERPRISES (PULLED)
Mr. Napper stated there is no written proposal and package from
Guggia Enterprises to consider on this item, and it will be
reagendized when a proposal has been submitted.
D-3 STATUS REPORT ON CITY/COUNTY TWIN_BRIDGES PROJECT
Mr. Napper updated Council on this matter noting it is possible
for construction on this project to begin by May 1988. He stated
the County will contribute $100,000 maximum to the project, and
the City has previously earmarked $146,520 with an additional
$25,000 just authorized in the Capital Improvement Budget.
Council discussed the possibility of the County contributing more
to the project since the Baywood/Los Osos community depends on
the project as much as Morro Bay citizens.
MOTION: Councilmember Odell moved he and Councilmember Lemons
be appointed to work with Supervisor Coy on possible
County additional contributions to this project. The
motion was seconded by Councilmember Sheetz and unani-
mously carried. (5-0)
D-4 CONSENT TO ENCUMBER AND CONSIDERATION OF NEW LEASE (LEASE
SITE 96/96W DBA WHALE'S TAIL RESTAURANT
Ms. Skousen reviewed the proposed Resolution which would allow
the Halls to encumber their lease. She stated the loan would be
used by the Halls to refinance their obligations for purchase of
the lease; also the loan is guaranteed by the Small Business Ad-
ministration and the encumbrance includes an Agreement to Assign
the lessee's interest in the lease to the First Bank of San Luis
Obispo in event of a default.
MOTION: Councilmember Sheetz moved Council adopt Resolution No.
14-87 approving encumbrance to lease with Alvin L. and
Norma Jean Hall for Lease Sites No. 96 and 96W. The
motion was seconded by Councilmember Lemons and unani-
mously carried. (5-0)
Ms. Skousen then reviewed the negotiations on the Master Lease
which is a new 15-year lease with the Hall's with an option to
extend the term based on improvements to the site.
Council discussed the various provisions, and Ms. Skousen recom-
mended Council approve the Hall lease provisions for a Master
City Lease with the exception of the blanks and Article 13.
MOTION: Councilmember Sheetz moved Council adopt Resolution No.
15-87 approving a new fifteen year lease with Alvin L.
and Norma Jean Hall for Lease Sites No. 96 and 96W.
MINUTES - MORRO BA'_ CITY COUNCIL
REGULAR MEETING - FEBRUARY 9, 1987
PAGE 10
The motion was seconded by Councilmember Lemons and
unanimously carried. (5-0)
C-5 REVIEW OF PROPOSED CITY MASTER LEASE DOCUMENT
Mr. Napper stated Council had reviewed most of the problems in
their review of the Hall lease and suggested further discussion
on the encumbrance issue. Ms. Skousen stated if Council deletes
the encumbrance provisions, she recommends the City include
strong language that if a default is not cured within 30 days,
the lease will terminate and the City will take possession of the
premises.
MOTION: Councilmember Sheetz moved for approval of the City
Master Lease to include the changes as noted in the
Whales Tail Lease with the exception of Article 13 and
the blank items. The motion was seconded by Coun-
cilmember Odell.
Councilmember Miller asked if these revisions were acceptable to
the Waterfront Leaseholders Association. Mr. Ray Biering dis-
cussed the items still in disagreement by the Leaseholders. Ms.
Skousen noted each lease is individual and the various items can
be negotiated and included in Article 13.
The motion was carried on the following roll call vote:
AYES: Lemons, Odell, Sheetz, Reddell
NOES: Miller
D-5 CONSIDERATION OF CITY PARTICIPATION IN BICENTENNIAL CELEBRA-
TION OF U.S. CONSTITUTION
Mr. Henderson stated 1987 marks the 200th anniversary of the Con-
stitution of the United States, and he outlined the Bicentennial
Leadership Project organized to promote celebration of this
anniversary.
MOTION: Councilmember Sheetz moved the Assistant to the City
Administrator be instructed to contact the Chamber of
Commerce regarding this and work out some type of pro-
gram with them and report to Council at a future meet-
ing. The motion was seconded by Councilmember Odell
and unanimously carried. (5-0)
D-6 COUNCIL DISCUSSION OF "VRM" PROPERTY, ZONINGS AND PROSPECTS
OF STATE ACQUISITION
Mr. Napper reviewed this matter noting past unsuccessful efforts
to acquire this property for open space. He also discussed pos-
sible rezoning of property, but noted Council should not take ac-
tion without proper notification to those involved.
MINUTES - MORRO BA_ _'ITY COUNCIL
REGULAR MEETING - FEBRUARY 9, 1987
PAGE 11
Councilmember Lemons stated he had an urgency ordinance declaring
a moratorium on this property he wished Council to consider.
There was discussion regarding this, with Mr. Napper suggesting
postponing adoption of such an ordinance to Wednesday, February
11th in order to give time for the other Councilmembers to review
the proposed ordinance.
MOTION: Councilmember Lemons moved this matter be continued to
Wednesday, February 11th. The motion was seconded by
Councilmember Odell.
Councilmember Miller felt the action was premature since the de-
veloper has yet to make a proposal.
The motion was unanimously carried. (5-0)
F. ADJOURNMENT
MOTION: Councilmember Sheetz moved the meeting adjourn to
Wednesday, February 11, 1987 at 5:30 p.m. in the City
Hall Conference Room to interview applicants for the
Street Advisory Committee. The motion was seconded by
Councilmember Odell and unanimously carried. (5-0)
The meeting adjourned at 11:47 p.m.
Recorded by:
ARDITH DAVIS
Deputy City Clerk