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HomeMy WebLinkAboutCC_1987-04-27 Regular Meeting MinutesBAY MORRo CITY COUNCIL REGULAR MEETING - APRIL 27, 1987 AGENDA RECREATION HALL - 7:00 P.M. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on matters other than scheduled hearingitems may do so when recog- nized by the Mayor, by standing and stating their name and address. Com- ments should normally be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS ANNOUNCEMENT OF ACTION TAKEN IN CLOSED_ SESSION REGARDING PERSONNEL MATTERS (Government Code Section 54957.1) -� 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 APRIL 13, 1987 A-2 NOTICE OF COMPLETION - VETERAN'S HALL RENOVATION PROJECT A-3 APPROVAL OF MAP FOR TRACT MAP 1367, "VISTA DEL SOL" CONDO SUBDIVISION (SEQUOIA AND MAIN STREET) (PULLED) A-4 GRANT OF STORM DRAIN EASEMENT AS CONDITION OF APPROVAL FOR TRACT 1367 (SEQUOIA AND MAIN STREET) (PULLED) A-5 SEE ITEM C-5 A-6 AWARD OF PURCHASE OF CITY HALL COPIER MACHINE A-7 PROCLAMATION DECLARING MAY 1987 "BETTER HEARING AND SPEECH MONTH" A-8 PROCLAMATION DECLARING APRIL 27 - MAY 3, 1987 AS "CLEAN AIR WEEK" A-9 PROCLAMATION DECLARING MAY 3-9, 1987 AS "BE KIND TO ANIMALS WEEK" A-10 EXPENDITURE REPORT - MARCH 1987 A-11 STATEMENT OF INVESTMENTS - MARCH 1987 A-12 JOINT POWERS AGREEMENT - CALIFORNIA LAW ENFORCEMENT TELECOMMUNICA- TIONS/MESSAGE SWITCHING SYSTEM A-13 COMMUNITY DEVELOPMENT REPORT FOR 1986 B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 RESOLUTION NO. 51-87 APPROVING 1987 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION TO ASSIST PEOPLE'S SELF-HELP HOUSING CORPORATION'S 40-UNIT SENIOR HOUSING PROJECT B-2 RESOLUTION NO. 48-87 APPROVING THE COMMUNITY CENTER SENIOR CITIZEN USE AGREEMENT B-3 PUBLIC HEARING ON CUP 03-87 (CONCEPT PLAN)/CDP 10-87R FOR A 2-PHASED RESIDENTIAL PROJECT AT 1103 WEST AVENUE (DEAN/BERTHA TYLER, APPLICANTS) B-4 RESOLUTION NO. 49-87 AMENDING CITY APPLICATION FOR SENIOR CENTER BOND ACT FUNDS AND AUTHORIZING APPLICATION FOR ADDITIONAL FUNDS B-5 REQUEST FOR WAIVER FROM WATER EQUIVALENCY - TRANSFER DEED RESTRICTION (265 BALI STREET; REAMER) C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 303 ALTERING LOCATION, DAY, AND TIME OF CITY COUNCIL REGULAR MEETINGS - SECOND READING AND ADOPTION C-2 STATUS REPORT ON FINANCING OF MORRO BAY COMMUNITY CENTER C-3 STATUS REPORT ON COASTAL STREAM DIVERSION PROJECT C-4 RECREATION AND PARKS COMMISSION REPORT ON HARBOR FESTIVAL ORGANIZATION C-5 SET DATE TO INTERVIEW APPLICANTS OR SELECT APPLICANTS FOR CABLE TV FRANCHISE BOARD AND REFUSE COLLECTION FRANCHISE BOARD D. NEW BUSINESS D-1 STREET ADVISORY COMMITTEE RECOMMENDATIONS FOR STREET IMPROVEMENTS ON MARKET STREET AND EMBARCADERO PARKING LOTS (PULLED) E. CLOSED SESSION NONE F. ADJOURNMENT NOTE: Copies of the staff reports or other written documentation relating to each item of business referred to on this agenda are on file in the office of the City Clerk and available for public inspection and reproduction at cost. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 27, 1987 RECREATION HALL - 7:00 P.M. The meeting was called to order by Mayor Reddell at 7:00 p.m. RC)T.T. rAT,T. PRESENT: Dale Reddell John Lemons Jeff Odell Rose Marie Sheetz ABSENT: Jim Miller STAFF: Gary Napper Judy Skousen Louise Burt Bill Farrel Forrest Henderson Steve Wolter Ardith Davis Horace Strong gave the invocation, Allegiance. PUBLIC COMMENTS Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Finance Director Comm. Development Dir. Asst. to City Admin. Recreation & Parks Dir. Deputy City Clerk and led the Pledge of 1. Tim Hixon, Clarabelle, expressed opposition to any pro- posed idea to use Bolton Drive as a main access street to any de- velopment. He noted a report in the Sun -Bulletin which refer- ences City documents in which this plan is contained. Mayor Reddell stated the City Council has not looked at the sub- ject plan as of this date, and suggested Mr. Hixon return when it is the subject of a public hearing before Council. Mr. Farrel stated there has been some confusion among the public because the draft Traffic Circulation Plan has a proposal in it to use Bolton Drive as an access road; however, it is not something that has been adopted yet. The Plan will probably be presented to Council the latter part of June as it is currently going through the Planning Commission and Street Advisory Committee. Comments were made by Sylvia Katz on this subject. DECLARATION OF FUTURE AGENDA ITEMS None MINUTES - MORRO BA ,CITY COUNCIL REGULAR MEETING - APRIL 27, 1987 PAGE 2 _ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION REGARDING PERSON- NEL MATTERS (Government Code Section 54957.1) Mr. Napper announced Council actions in closed session April 23, 1987 to uphold the previous decision of the City Council and the Hearing Officer to terminate the public employment of John S. Nist from City service. A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF APRIL 13, 1987 � � �- Mr. Napper recommended Council approve the minutes as submitted. A-2 NOTICE OF COMPLETION - VETERAN'S HALL RENOVATION PROJECT Mr. Napper recommended Council accept completion of the painting and decorating, and electrical contract in the Veteran's Hall renovation project, and authorize the City Clerk to sign and record the Notices of Completion. A-3 APPROVAL OF MAP FOR TRACT MAP 1367, "VISTA DEL SOLI" CONDO SUBDIVISION (SEQUOIA AND MAIN STREET) (PULLED) A-4 GRANT OF STORM DRAIN EASEMENT AS COND_I_T_ION OF APPROVAL FOR TRACT 1367 (SEQUOIA AND MAIN STREET) (PULLED) A-5 (SEE ITEM C-5) A-6 AWARD OF PURCHASE OF CITY HALL COPIER MACHINE Mr. Napper recommended Council award the contract for Bid No. FI- 87-111 to Chaparral Business Machines in the amount of $11,458.60 A-7 PROCLAMATION DECLARING MAY 1987 "BETTER HEARING AND SPEECH MONTH" A-8 _PROCLAMATION DECLARING APRIL 27-MAY 3, 1987 AS "CLEAN AIR A-9 PROCLAMATION DECLARING MAY 3-9_�-1987 AS "BE KIND TO ANIMALS WEEK' _ Mr. Napper recommended Council authorize the Mayor to sign the Proclamations. A-10 EXPENDITURE REPORT - MARCH 1987 Mr. Napper recommended Council approve the March 1987 Expenditure Report as submitted. MINUTES - MORRO BA CITY COUNCIL REGULAR MEETING - APRIL 27, 1987 PAGE 3 A-11 STATEMENT OF INVESTMENTS - MARCH 1987 Mr. Napper recommended Council receive the report for file. A-12 JOINT POWERS AGREEMENT - CALIFORNIA LAW ENFORCEMENT TELECOM- MUNICATIONS/MESSAGE SWITCHING SYSTEM Mr. Napper recommended Council approve participation in the JPA for C.L.E.T.S./M.S.S. System Replacement, and authorize the City Administrator to sign and implement. A-13 COMMUNITY DEVELOPMENT REPORT FOR 1986 Mr. Napper recommended Council receive the report for file. Councilmember Odell commented on the Proclamation for "Clean Air Week", and suggested people observe it by walking or riding a bike if they are able instead of driving a vehicle. MOTION: Councilmember Sheetz moved for the adoption of the Con- sent Calendar. The motion was seconded by Councilmem- ber Lemons and unanimously carried. (4-0) B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 RESOLUTION NO. 51-87 APPROVING 1987 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION TO ASSIST PEOPLE'S SELF-HELP HOUSING CORPORATION'S 40-UNIT SENIOR HOUSING PROJECT Bill Farrel advised Council held a public hearing at their last meeting to receive suggestions for applications the CDBG funds. The only response was from People's Self Help Housing Corporation proposing the City apply for funds to assist the senior project housing development planned for North Morro Bay. At that meet- ing, Council authorized staff to prepare a grant application in accordance with the proposal by PSHHC. The application prepared requests $545,000 in funding; $347,000 for land acquisition, and $155,000 for off -site improvements, and $43,000 for general administrative purposes. Mayor Reddell opened the matter to the public for comments. Jeanette Duncan of PSHHC, spoke in favor of the proposed applica- tion and stated a number of community groups volunteered contri- butions to support the senior housing program including the Morro Bay Senior Citizens, Calvary Lutheran Church, Rotary Club, Kiwanis, Salvation Army, and Morro Bay Presbyterian Church. This helps the application by showing a broad base support. MOTION: Councilmember Sheetz moved for the adoption of Resolu- tion No. 51-87. The motion was seconded by Councilmem- ber Lemons and unanimously carried. (4-0) MINUTES - MORRO Bk =CITY COUNCIL REGULAR MEETING - APRIL 27, 1987 PAGE 4 B-2 RESOLUTION NO. 48-87 APPROVING THE COMMUNITY CENTER SENIOR CITIZEN USE AGREEMENT �- Steve Wolter reviewed the agreement prepared in anticipation of the Seniors' occupation of the Community Center. He noted the dual responsibilities to be shared by the City and the Seniors and stated the Agreement had been considered and approved by the general membership of the Senior Citizens on April 24th. Mayor Reddell opened the matter to the public. Mary Phillips, 2645 Ironwood, encouraged the Council not to ap- prove the agreement. She stated there was not a quorum of the general membership at the meeting where the agreement was consid- ered, and therefore the Seniors' approval of the agreement is not legal. Mr. Wolter stated the Board had previously supported the agreement at a Board meeting; their bylaws do not require them to present it at a general membership meeting. Mary Phillips also objected to the 800 hours of volunteer time required of the Seniors to the Recreation and Parks Department noting the hours of volunteer time spent on Senior activities do not count toward this figure. Bill Reynolds, Vice -President of the Seniors Citizens, Inc. stated there was only one dissenting vote at the general member- ship meeting out of approximately 30 to 40 people. He stated au- thority is vested in the Board of Directors to approve an agree- ment of this nature, and saw no reason for the Council not to act on it. Mr. Napper stated Council can still approve the agreement tonight even if the Seniors decide a vote has to be taken before another general membership meeting with a quorum of the members present; there is no requirement for one agency to approve the agreement before another. Mary Phillips made further comments about the Morro Bay Senior Citizens, Inc. representation of the seniors of Morro Bay, and stated the contract for operation of the Senior group should be advertised. Mayor Reddell closed the hearing to the public. MOTION: Councilmember Lemons moved for the adoption of Resolu- tion No. 48-87. The motion was seconded by Councilmem- ber Sheetz and unanimously carried. (4-0) B-3 PUBLIC HEARING ON CUP 03-87 (CONCEPT PLAN)/CDP 10-87R FOR A 2-PHASED RESIDENTIAL PROJECT AT 1103 WEST AVENUE (DEAN/BERTHA TYLER, APPLICANTS) Mr. Farrel reviewed the application for a 2-phased residential development at 1103 West Avenue; the first phase would be to de- MINUTES - MORRO BA CITY COUNCIL REGULAR MEETING - APRIL 27, 1987 PAGE 5 molish the existing single family unit and replace it with a 3- bedroom single family residence; and phase 2, to begin around 1991, would be to demolish the existing duplex and commercial unit, and replace it with a two story duplex structure. The applicants have requested an exception to City standards to allow the chimney to exceed the height limitation by 18 inches, and to allow a temporary carport and open space parking as op- posed to a 2-car garage; the Planning Commission allowed the parking request, but denied the chimney exception. The applicant also requested an exception to City requirements in the second phase of the project to reduce the Beach Street side -yard setback by 3 feet, which the Planning Commission approved. Mr. Farrel stated staff is recommending Council allow the chimney exception as well; there is an additional chimney which would re- quire this exception, but it is merely a facade to enclose vents. Mayor Reddell opened the hearing to the public. James Maul, 571 Embarcadero and architect representing the appli- cants, asked Council to approve a 2 foot height limitation excep- tion, and reviewed the contradictions between City ordinance and the Uniform Building Code requirements . He also encouraged Council to amend the ordinance to correct the discrepancy. Mayor Reddell closed the hearing to the public. Councilmember Lemons believed an additional condition should be added to require the second phase of the project to begin no later than June 1, 1991. Mayor Reddell agreed the ordinance needs to be changed to allow for the requirements in the UBC. MOTION: Councilmember Odell moved Council adopt Resolution No. 50-87 including amendment to Condition No. 15 to allow chimney height to exceed the limit by 24 inches, and adding an additional condition that Phase 2 of the pro- ject must commence no later than June 1, 1991. The mo- tion was seconded by Councilmember Lemons and unani- mously carried. (4-0) B-4 RESOLUTION NO. 49-87 AMENDING CITY APPLICATION FOR SENIOR CENTER BOND ACT FUNDS AND AUTHORIZING APPLICATION FOR ADDI- TIONAL FUNDS Mr. Wolter stated the Grover City Senior Citizens Club has an- nounced it is unable to use the $105,745 in grant funds awarded to them by the Area Agency on Aging. This allows other agencies in the Central Coast area to compete for these funds. The City has prepared an augmentation grant application in the amount of $52,000 for the Community Center. He noted costs for the Center MINUTES - MORRO BI_ CITY COUNCIL REGULAR MEETING - APRIL 27, 1987 PAGE 6 have increased due to land acquisition (school property) and en- hancement of the Community Center design to include an elevator. Councilmember Lemons asked why the application was for only $52,000. Mr. Wolter explained there will be a lot of competition for these funds and, since the City has already received $228,060 from the Area Agency on Aging for the Community Center, staff be- lieves the Agency will look more favorably on an application for this amount rather than one for the entire amount. Mayor Reddell opened the hearing for comments by the public; there were no comments and the hearing was closed. MOTION: Councilmember Sheetz moved for the adoption of Resolu- tion No. 49-87. The motion was seconded by Councilmem- ber Lemons and unanimously carried. (4-0) B-5 REQUEST FOR WAIVER FROM WATER _EQUIVALENCY_- TRANSFER DEED RESTRICTION (265 BALI STREET; REAMER) Mr. Farrel stated the applicant discovered the deed restriction in the process of selling her home after a divorce; she is unable to afford the financial liability of the home alone. Because this is a personal and unforeseen financial hardship, staff and the Planning Commission recommend waiver of the deed restriction. Mayor Reddell opened the hearing to the public for comments; there were no comments. MOTION: Councilmember Odell moved Council approve the request for waiver of deed restriction with the findings of personal and unforeseen financial hardship in accor- dance with Municipal Code Section 13.20.090 C and D. The motion was seconded by Councilmember Lemons and unanimously carried. (4-0) Council held a brief recess from 8:13 p.m. to 8:17 p.m. C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 303 ALTERING LOCATIONj_DAY AND TIME OF CITY COUNCIL REGULAR MEETINGS- SECOND READING AND ADOPTION Mr. Napper stated this ordinance is before Council this evening for second reading and adoption. He noted if the ordinance is changed for other than typographical reasons, Council will have to hold another public hearing on the amendments, and adopt the ordinance again this evening as first reading. Councilmember Odell indicated he has changed his mind regarding holding Council meetings on Tuesday evenings, and decided to stay with tradition and vote in favor of Monday -night meetings. He is convinced he can work with staff and other Councilmembers to make MINUTES - MORRO Bk CITY COUNCIL REGULAR MEETING - APRIL 27, 1987 PAGE 7 the process more efficient in other ways rather than changing the meeting night. MOTION: Councilmember Odell moved Ordinance No. 303 be amended to delete reference to Tuesday night in section 2.08.010, and retain Monday night. The motion was sec- onded by Councilmember Lemons. Mayor Reddell stated Councilmember Miller had informed him he planned to change his vote also to retain Monday night Council meetings. The motion was unanimously carried. (4-0) MOTION: Councilmember Lemons moved the amended Ordinance be opened to the public for comments. The motion was sec- onded by Councilmember Odell and unanimously carried. (4-0) Tome Wuriu commended Council for their decision. Mary Phillips objected to the short amount of time the agenda packet is avail- able to the public. MOTION: Councilmember Sheetz moved the public hearing be closed. The motion was seconded by Councilmember Lemons and unanimously carried. (4-0) MOTION: Councilmember Lemons moved Ordinance No. 303 as amended be read by title and number only. The motion was sec- onded by Councilmember Odell and unanimously carried. (4-0) Mr. Napper read Ordinance No. 303 by title and number only. MOTION: Councilmember Lemons moved Ordinance No. 303 as amended be adopted for first reading. The motion was seconded by Councilmember Odell and unanimously carried. (4-0) C-2 STATUS REPORT ON FINANCING OF MORRO BAY COMMUNITY CENTER Louise Burt reported on a recent meeting of the California Cities Financing Corporation regarding Certificates of Participation. Council has previously adopted this method of financing to gap - fund the Community Center. She noted staff is planning to ini- tially use grant funds for financing because there is no cost to the City; then City funds because the City loses only opportuni- ties for interest; and finally Certificates of Participation be- cause they have both issuance and interest costs. No action required by Council; information item only. MINUTES - MORRO BA CITY COUNCIL REGULAR MEETING - APRIL 27, 1987 PAGE 8 C-3 STATUS REPORT ON COASTAL STREAM DIVERSION PROJECT Mr. Nichols brought Council up to date on this project noting Council had allocated $25,000 towards a feasibility report in June 1986, and the Whale Rock Commission had matched that to com- plete the study. Phase I of the study is complete and has been submitted to the Whale Rock Commission for their review and ac- tion. They will be meeting on April 30th to discuss and possibly act on the study. Whale Rock Commission staff is expected to recommend Phase II of the study be authorized as there is enough potential contained in the Phase I study to warrant further in- vestigation. Council is encouraged to attend the meeting on April 30th. No action required; information only. C-4 RECREATION AND PARKS COMMISSION REPORT ON HARBOR FESTIVAL ORGANIZATION Steve Wolter reviewed the Recreation and Parks Commission recom- mendations for reorganization of the Harbor Festival. These in- cluded participants receiving proportionate reimbursement of time devoted to putting on the event; appointment of a 7-member steer- ing committee to be appointed by the Commission, the committee to eventually become the Executive Committee of the Harbor Festival non-profit organization; City to be responsible for staffing the Festival in 1987 and reduce financial commitment to Festival by 1/4 each year, and the funds allocated under the community promo- tion fund be used to pay for this expenditure; the non-profit or- ganization must be incorporated by the third year, and by the 5th year, the City's involvement and expenses should be eliminated or totally reimbursed; and, the funds currently in the Morro Rock Improvement Fund be used during the 5 year period for operating expenses and revenue, with the funds to return to the Morro Rock Improvement Fund at the end of the 5-year period. Staff recommends Council reduce the 5-year timetable to 3 years, and that the non-profit incorporation be established by the sec- ond year. Staff also recommends the Morro Rock Improvement Funds only be used during the first year, and the hiring of a part-time City employee to coordinate Harbor Festival 1987 only. Mayor Reddell asked if the changes recommended by staff had been reviewed the Recreation and Parks Commission, and Mr. Wolter stated they had not. There was considerable discussion regarding whether or not the Commission should review staff's recommenda- tions before Council takes action, with Councilmember Lemons be- lieving Council should not alter the Commission's suggestions un- less they have reviewed staff's recommendations. Mr. Napper stated the 5-year timeperiod seemed rather long, and the commissioners or committee members involved in the process might no longer be around at that time; the 3-year period seemed MINUTES - MORRO Bk =CITY COUNCIL REGULAR MEETING - APRIL 27, 1987 PAGE 9 more reasonable and can always be extended at a later date if it proves insufficient to make the transition. MOTION: Councilmember Lemons moved Council accept the 7-member steering committee to be appointed by the Recreation and arks Commission; authorize the hiring of a part- time City employee in July; and request a response from the Commission about the proposed 3-year timetable, and proposed 1-year for funding the event. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0) C-5 SET DATE TO INTERV_I_EW APPLICANTS OR SELECTION OF APPLICANTS _FOR CABLE_ TV FRANCHISE BOARD AND REFUSE COLLECTION FRANCHISE BOARD s� Mr. Napper stated staff has advertised these position and re- ceived exactly the same number of applications as there are va- cancies. Council can either interview the applicants, or appoint those who have applied. The final filing date for applications has closed. MOTION: Councilmember Odell moved Council appointed Willis Mann and Jack Randall to the Refuse Board, and Kim Baez and Mary Wooten to the Cable TV Board. The motion was sec- onded by Councilmember Lemons and unanimously carried. (4-0) D. NEW BUSINESS D-1 STREET ADVISORY COMMITTEERECOMMENDATIONS FOR STREET IM- PROVEMENTS ON MARKET STREET AND EMBARCADERO PARKING LOTS (PULLED) No action. E. ADJOURNMENT MOTION: Councilmember Odell moved the meeting be adjourned. The motion was seconded by Councilmember Lemons and unanimously carried. (4-0) The meeting adjourned at 9:06 p.m. Recorded by: a,�''7 lCea- ARDITH DAVIS Deputy City Clerk