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HomeMy WebLinkAboutCC_1987-02-23 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 23, 1987 AGENDA RECREATION HALL - 7:00 P.M. ROLL CALL INVOCATION - REVEREND DONALD CAREY, PRESBYTERIAN CHURCH PLEDGE OF ALLEGIANCE 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 normally 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 FEBRUARY 9, 1987 AND THE ADJOURNED REGULAR MEETINGS OF FEBRUARY 11, 1987 A-2 SET DATE AND AGENDA FOR JOINT MEETING WITH RECREATION AND PARKS COMMISSION A-3 INTRODUCTION OF SEWER COLLECTION SYSTEM MASTER PLAN; SET PUBLIC HEARING FOR MARCH 9, 1987 A-4 SET DATE FOR RENT REVIEW BOARD HEARING ON CYPRESS TRAILER PARK APPLICATION FOR EXTRAORDINARY EXPENSES RENT INCREASE (PULLED) A-5 SET SPECIAL MEETING FOR CONSIDERATION OF CITY ANNUAL WATER REPORT (MARCH 4, 1987) A-6 ARBOR DAY PROCLAMATION HONORING CALIFORNIA CONSERVATION CORPS A-7 EXPENDITURE REPORT - JANUARY 1987 A-8 STATEMENT OF INVESTMENTS - JANUARY 1987 B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PRESENTATION ON CALTRANS PLANS TO INCREASE HIGHWAY 1 SPEED LIMIT TO 55 MPH NEAR SAN JACINTO AND YERBA BUENA B-2 CHAMBER OF COMMERCE PROPOSAL FOR A JULY 4TH FIREWORKS SHOW AT THE MORRO BAY HIGH SCHOOL STADIUM B-3 DISCUSSION BY MARY PHILLIPS REGARDING COMMUNITY CENTER C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 299 AMENDING THE MOBILEHOME AND RECREATIONAL VEHICLE PARK RENT STABILIZATION ORDINANCE (SECOND READING AND ADOPTION) C-2 AWARD OF CONSULTANT CONTRACT FOR PREPARATION OF HOTEL/MOTEL DESIGN STANDARDS C-3 DISCUSSION AND PREPARATION OF MEASURE "B" (WILLIAMS PROPERTY REZONING) LAND USE PLAN AMENDMENT SUBMITTAL TO COASTAL COMMISSION D. NEW BUSINESS D-1 AWARD OF CONTRACTS FOR VETERAN'S HALL RENOVATION PROJECTS D-2 REPORT ON CYPRESS HEDGE/LACK OF PUBLIC IMPROVEMENTS ON HARBOR STREET RIGHT -OF' -WAY WEST OF MONTEREY AVENUE D-3 CONSIDERATION OF FORMING A CITIZENS ADVISORY COMMITTEE FOR HARBOR MASTER PLAN E. CLOSED SESSION NONE F. ADJOURNMENT TO WEDNESDAY, MARCH 4, 1987, 7:00 PM, RECREATION HALL FOR CONSIDERA- TION OF CITY ANNUAL WATER REPORT MINUTES - MORRO REGULAR MEETING RECREATION HALL BAY CITY COUNCIL - FEBRUARY 23, 1987 - 7:00 P.M. Mayor Reddell called the meeting to order at 7:00 p.m. PnT.T, CAM, PRESENT: Dale Reddell John Lemons Jim Miller Jeff Odell Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Judy Skousen Bill Farrel Forrest Henderson Dave Howell Nick Nichols Steve Wolter Bernie Zerr Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Comm. Development Dir. Assist. to City Admin. Chief of Police Public Works Director Recreation Director Fire Chief Reverend Donald Carey from the Presbyterian Church gave the invo- cation, and Horace Strong led the Pledge of Allegiance. PUBLIC COMMENT PERIOD 1. Warren Dorn reported on a meeting held last week with the Coastal Conservancy board members and City officials. He also suggested VRM property should be set aside as a passive park. -PUBLIC--COMMEN-T—P-ER-IOD 1. Councilmember Miller requested a closed session on March 9th for: 1) finding out about general law cities and how it pertains to the difference between a City Administrator and City Manager; 2) complaints from Department Heads and performance of varied Department Heads regarding City business; 3) relation- ship between Department Heads and City Council; 4) report on POST investigation which is nearly 10 months old; and 5) complaint of harassment of a citizen by a member of the Police Department. He noted he has contacted the Attorney General's office to determine who is holding up the POST report. 2. Councilmember Sheetz requested an agenda item be sched- uled opposing adoption of the February 7, 1987 proposed OCS leas- ing program by the Department of the Interior. MINUTES - MORRO BA CITY COUNCIL REGULAR MEETING - FEBRUARY 23, 1987 PAGE 2 3. Councilmember Sheetz requested an agenda item be sched- uled and a report be submitted regarding the possibility of City pledging water allocations to the Peoples' Self -Help Housing pro- ject in Morro Bay. 4. Councilmember Odell requested Item D-3, Consideration of Forming a Citizens Advisory Committee for Harbor Master Plan, be pulled from the agenda; he believed it premature to discuss this before appointment of a Harbor Advisory Board. 5. Councilmember Odell requested an agenda item for the new Harbor Advisory Board be scheduled to discuss the lack of ability of the Coast Guard and Harbor Patrol to turn boats away from the harbor entrance. A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF FEBRUARY 9, 1987 AND THE ADJOURNED REGULAR MEETINGS OF FEBRUARY 11, 1987 Mr. Napper recommended the minutes be approved as submitted. A-2 SET DATE AND AGENDA FOR JOINT MEETING WITH RECREATION AND PARKS COMMISSION _ Mr. Napper recommended Council set Tuesday, 24 March 1987 at 7:00 p.m. in the City Hall Conference Room to meet with the Recreation and Parks Commission. Additionally, Mr. Napper suggested Council add to the agenda discussion of the Bi-Centennial Celebration, and Harbor Festival - 1987. A-3 INTRODUCTION OF SEWER _COLLECTION SYSTEM MASTER PLAN; SET PUBLIC HEARING FOR MARCH 9, 1987 Mr. Napper recommended Council set March 9th as the public hear- ing date for the Sewer Collection System Master Plan. A-4 SET DATE FOR RENT REVIEW BOARD _HEARING _O_N_CYPRESS TRAILER PARK APPLICATION FOR EXTRAORDINARY EXPENSES__RENT INCREASE (PULLED) A-5 SET SPECIAL MEETING FOR CONSIDERATION OF CITY ANNUAL WATER REPORT (MARCH 4, 1987) Mr. Napper recommended Council adjourn from tonight's meeting to Wednesday, March 4th at 7:00 p.m. in the Recreation Hall to con- sider the Annual Water Report. A-6 ARBOR DAY PROCLAMATION HONORING CALIFORNIA CONSERVATION CORPS Mr. Napper recommended Council authorize the Mayor to sign the proclamation. MINUTES - MORRO BA. �ITY COUNCIL REGULAR MEETING - FEBRUARY 23, 1987 PAGE 3 A-7 EXPENDITURE REPORT - JANUARY 1987 Mr. Napper recommended Council approve the Expenditure Report. A-8 STATEMENT OF INVESTMENTS - JANUARY 1987 Mr. Napper recommended Council accept the report for file. MOTION: Councilmember Lemons moved for the approval of the Con- sent Calendar. The motion was seconded by Councilmem- ber Miller and unanimously carried. (5-0) B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PRESENTATION ON CALTRAN_S PLANS TO INCREASE HIGHWAY 1 SPEED LIMIT TO 55 MPH NEAR SAN JACINTO AND YERBA BUENA Tom Pollock, District Engineer and Bill Heath, Traffic Engineer from CalTrans were present to review their statistics for imple- menting a 55 MPH speed limit in place of the current 45 MPH on Highway 1 from San Jacinto to Yerba Buena. They noted 97% to 98% of the people using this road violate the 45 MPH speed limit; the average speed is 54 MPH. They also stated statistics do not show increasing the speed limit increases the average speed people ac- tually travel, however, CalTrans indicated they would conduct a survey after the speed change to find out if people were actually travelling faster than the new 55 MPH limit. Councilmembers asked various questions to which the CalTrans staff responded. Mayor Reddell opened the hearing to the public for comments. Shirley Fisher stated she was on the City Traffic Safety Commit- tee in the 1970's which was instrumental in having the signal in- stalled at San Jacinto and Highway 1, and she discussed the com- mittee's recommendation for the 45 MPH speed zone. She was not in favor of the additional speed limit and cited the increased danger to children in school buses crossing at Yerba Buena. Com- ments were also heard from Torn Wuriu and Mary Phillips opposing the speed limit increase and complaining of the short left -turn pocket onto Highway 1 from San Jacinto/Main Street. Mayor Reddell closed the hearing to the public. Councilmember Miller agreed with of the people are violating the limit constitutes a speed trap. that location. the CalTrans people that if 98 % speed limit, the current speed He saw no problem with 55 MPH at Mr. Napper advised Council they have no legal jurisdiction in this matter; CalTrans staff was attending the meeting at his re- quest to receive public and Council comments on the proposal. MINUTES - MORRO BA_ CITY COUNCIL REGULAR MEETING - FEBRUARY 23, 1987 PAGE 4 Mayor Reddell was against the increase; remaining Councilmembers requested results of the survey after the 55 MPH speed limit was in effect. B-2 CHAMBER OF COMMERCE PROPOSAL FOR JULY 4TH FIREWORKS SHOW AT THE MORRO BAY HIGH SCHOOL STADIUM Mr. Napper stated the Chamber has submitted a request to hold a fireworks display on July 4th on the Morro Bay High School sta- dium grounds. Staff has not had the opportunity to analyze City costs in this matter. John Baker, representing the Chamber of Commerce, discussed the plans for July 4th. He stated they were considering a ground display rather than an aerial show because of the fog in Morro Bay during this time of the year. He noted the School District has given tentative approval for use of their grounds, and it is anticipated the Chamber will charge an entrance fee to the event. Councilmembers asked various questions to which Mr. Baker re- sponded. Mayor Reddell opened the hearing to the public for comments. Phil Persons, representing the Morro Coast Audubon Society, spoke in opposition to the fireworks display at this location. He noted the sand dunes west of the High School are the nesting habitat of the Snowy Plover. This is a bird on the list of Species of Special Concern by the California Fish and Game, and is a candidate for listing as Threatened or Endangered under the Federal Endangered Species Act. He requested an EIR be required for this activity. Comments were also heard from Mary Phillips. Jack Curry noted there is already illegal fireworks and campfire activity on the beach and sand dunes on July 4th even without a Morro Bay fire- works display. Mayor Reddell closed the hearing to the public. There was discussion regarding what City permits are necessary; Councilmembers Lemons, Miller and Mayor Reddell indicated favor of this event. MOTION: Councilmember Lemons moved this matter be referred to the Recreation and Parks Commission for their review and recommendations, and returned to Council no later than March 23rd. The motion was seconded by Coun- cilmember Sheetz and unanimously carried. (5-0) B-3 DISCUSSION BY MARY PHILLIPS REGARDING COMMUNITY CENTER Mrs. Phillips read the agreement between the City and the Morro Union School District dated March 15, 1965 which conveyed the Recreation Hall and property to the City on certain conditions. MINUTES - MORRO BA. ;ITY COUNCIL REGULAR MEETING - FEBRUARY 23, 1987 PAGE 5 She maintained if the City put Recreation Department offices in the Community Center, it would be violating the terms of this agreement. July Skousen stated she has reviewed the agreement and finds the City complies with regard to the Community Center. Mrs. Phillips made further comments regarding the seniors' use of the Center and her desire room be made for them on the top floor. Mayor Reddell indicated that Council had received and read the deed Agreement, and he thanked Mrs. Phillips for her comments. No action was taken by Council. Council recessed from 9:33 p.m. to 9:41 p.m. C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 299 AMENDING_ THE MOBILEHOME AND RECREATIONAL VEHICLE PARK RENT STABILIZATION _ORDINANCE j!SECOND READING AND ADOPTION) Mr. Napper stated this is the final reading of Ordinance No. 299; upon adoption it will go into effect on March 25, 1987. MOTION: Councilmember Lemons moved Ordinance No. 299 be read by title and number only. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) Mr. Napper read Ordinance No. 299 by title and number only. MOTION: Councilmember Miller moved this constitute the second and final reading of Ordinance No. 299, and that it be adopted. The motion was seconded by Councilmember Lemons and carried, with Councilmember Sheetz voting no. ( 4-1 ) C-2 AWARD OF CONSULTANT CONTRACT FOR PREPARATION OF HOTEL/MOTEL SIGNSTANDARDS Bill Farrel reviewed the bids received for this program; he said all bids were good, and recommended Courtney Associates as being the most responsive to the City's request. Councilmember Miller felt the City should award the project to the local firm, Maul-Rogoway Association, if all were on equal footing. There was discussion regarding the purpose of the study, and the local economic study already being conducted by Steve Wahlstrom and Associates. Since the Plan of Study for the hotel/motel moratorium was unclear as to benefits received, Mr. Napper sug- gested Council hold off approving this item until staff can pre- pare a more comprehensive packet on this subject so Council can make an informed decision. Councilmember Lemons stated he wanted to make sure any study included review of the hotel occupancy MINUTES - MORRO BA. CITY COUNCIL REGULAR MEETING - FEBRUARY 23, 1987 PAGE 6 rate in the City so the Council can determine if hotel/motels are being overbuilt. MOTION: Councilmember Miller moved this item be tabled until staff can prepare a detailed scope of study outlining what is being purchased. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) C-3 DISC_USS_ION AND PREPARATION OF MEASURE "B" (WILLIAMS PROPERTY REZONING) LAND USE PLAN- AMENDMENT SUBMITTAL TO COASTAL COMMISSION -� Mr. Farrel reviewed the processes to submit this initiative to the Coastal Commission. He noted the Coastal Commission is not compelled to accept the LUP amendment as proposed by the initia- tive, and will process the ordinance as any other amendment. He also reviewed questions Council needs to resolve: 1) Whether or not the City has any discretion to amend or add language to the LUP other than the language in Measure B; 2) if Council decides it has discretion to amend, how much discretion does Council wish to exercise in amending the zoning ordinance; and 3) whether or not the City should submit the Measure to the Planning Commission for review. He recommended Council establish the 6-week review period before submitting the Measure to the Coastal Commission. Mr. Napper noted Mr. Biering, attorney representing the propo- nents of Measure B, had provided Council with copies of a Resolu- tion for establishing the 6-week review period along with a sug- gested packet of information for public review. He suggested Council adopt Mr. Bierings proposed Resolution if Council de- clined to exercise discretion in this matter. Councilmember Miller stated the voters had resolved the issue of Measure B during the last election; he felt the Measure should be submitted to the Coastal Commission immediately; however, he was willing to approve the 6-week review period. MOTION: Councilmember Miller moved Council determine there is no, or minimal, discretion to amend the LCP documents; staff be directed to make only those minimal changes to the LUP text necessary to incorporate Measure B as part of the text, and rely on the City's normal project re- view process to work out planning concerns, once the applicant has submitted an application; and Measure B not be referred to the Planning Commission prior to submittal to the Coastal Commission. The motion was seconded by Councilmember Lemons and unanimously car- ried by roll call vote. (5-0) MOTION: Councilmember Miller moved Council establish the 6-week review period as of February 24, 1987, and after the MINUTES - MORRO BA -:'ITY COUNCIL REGULAR MEETING - FEBRUARY 23, 1987 PAGE 7 review period, the matter be brought back to Council ready to submit to the Coastal Commission. Councilmember Lemons offered an amendment to the motion to adoption of Resolution No. 21-87, a Resolution an- nouncing a six week public review period for the Mea- sure B LUP Ordinance prior to submittal of Measure B to the California Coastal Commission as an amendment to the City's Certified LCP. The motion was seconded by Councilmember Sheetz and the amended motion was unani- mously carried by roll call vote. (5-0) D. NEW BUSINESS D-1 AWARD OF CONTRACTS FOR VETERAN'S HALL RENOVATION PROJECTS Steve Wolter reviewed the bids received for this project. He re- quested Council grant relief to Scott T. Murray Plumbing who has requested his bid be withdrawn, and authorize staff to seek in- formal quotes from vendors to complete the plumbing project and the flooring contract, for which no bids were received. He also recommended Council adopt the resolutions awarding the bids. The following resolutions were proposed: Resolution No. 18-87 awarding Bid No. RP86-01 Veteran's Memorial Hall Renovation Project - Electrical Work in the amount of $7,157 to Harbor Electric Resolution No. 19-87 awarding Bid No. RP86-02 Veteran's Memorial Hall Renovation Project - General Construction in the amount of $24,120 to Wally LaFreniere Construction Company Resolution No. 20-87 awarding Bid No. RP86-05 Veteran's Memorial Hall Renovation Project - Painting/Decorating Work in the amount of $8,189.80 to Calvin Waddle. MOTION: Councilmember Sheetz moved approval of granting relief to Scott T. Murray Plumbing, and staff be authorized to seek informal quotes on the plumbing and flooring pro- ject; and adoption of Resolutions 18-87, 19-87, and 20- 87. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) D-2 REPORT ON CYPRESS HEDGE/LACK OF PUBLIC IMPROVEMENTS ON HAR- BOR STREET RIGHT -OF -WAY -WEST OF MONTEREY AVENUE Nick Nichols reviewed the problem of the encroaching hedge at this location and its impediment to pedestrian traffic. He re- viewed several alternatives and noted Morro Bay Beautiful has of- fered to donate labor and materials to construct a masonry wall along the property line if the hedge is removed. Removal of the hedge and construction of a 10 foot sidewalk will cost approxi- mately $9,300. MINUTES - MORRO BA. �ITY COUNCIL REGULAR MEETING - FEBRUARY 23, 1987 PAGE 8 Warren Dorn explained Morro Bay Beautiful has set aside $500 to- wards this project and one of their members is attempting to co- ordinate community labor to construct the wall. There was discussion regarding whether the masonry wall could be constructed on City property. Councilmember Sheetz was in favor of taking care of the problem as soon as possible. MOTION: Councilmember Sheetz moved the matter be referred back to staff to ascertain whether or not a masonry wall can be built on City property, and enlist the cooperation of Morro Bay Beautiful in doing so; and the $9,300 to remove the hedge and construct the sidewalk be taken from the January 1987 mid -year allocation of $20,000 for sidewalk/street tree repair. The motion was sec- onded by Councilmember Odell and unanimously carried. (5-0) Councilmember Lemons asked if discussion regarding City liability for sidewalk repairs could be made in open or closed session; he wondered if responsibility is with the City or adjacent property owner. Mr. Napper stated the City Attorney could research the matter and advise Council in writing. MOTION: Councilmember Sheetz moved the meeting adjourn to Wednesday, March 4, 1987 at 7:00 p.m. in the Recreation Hall for a public hearing on the City's Annual Water Report. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) The meeting adjourned at 11:15 p.m. Recorded by: ARDITH DAVIS Deputy City Clerk