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HomeMy WebLinkAboutCC_1987-07-13 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING - JULY 13,e1987 AGENDA VETERANS MEMORIAL HALL - 6.00 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 hearing items 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 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 BUDGET STUDY SESSION OF JUNE 17, 1987, AND THE REGULAR MEETING OF JUNE 22, 1987 A-2 RESOLUTION AWARDING MANDATED DISABILITY RETIREMENT FOR FORMER POLICE OFFICER DON PIERCE (PULLED) A-3 AWARD OF PURCHASE FOR PUBLIC SAFETY COMMUNICATIONS REPEATER EQUIPMENT A-4 RESOLUTION NO. 79-87 SUPPORTING "DIMES AGAINST CRIMES" STATE INITIA- TIVE ON JUNE 1988 BALLOT (INCREASE EXCISE TAX ON ALCOHOLIC BEVERAGES BY $0.10) A-5 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (HARRIS) A-6 AUTHORIZATION TO PAY LEGAL EXPENSES IN DEFENSE OF HOLDERNESS VS. CITY OF MORRO BAY LAWSUIT A-7 AMENDMENTS TO CITY JOB CLASSIFICATION PLAN (CODE ENFORCEMENT OFFICER; CRIME PREVENTION COORDINATOR) A-8 RESOLUTION NO. 81-87 APPROVING THE REVISED 1987-88 ANIMAL CONTROL AGREEMENT WITH COUNTY OF SAN LUIS OBISPO B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 CONCEPT REDESIGNS FOR SIGNAGE/TRAFFIC REGULATION AT NAPA/HARBOR STREET INTERSECTION (MAIL BOX LOCATION) B-2 REPORT ON ACTIVE ENFORCEMENT OF 2-HOUR PARKING STANDARD IN DOWNTOWN AND EMBARCADERO AREAS (over) B-3 PUBLIC HEARING ON CONCEPT PLAN FOR MIXED -USE PROJECT AT 1110 SCOTT AVENUE (SPINELLI, APPLICANT) C. UNFINISHED BUSINESS C-1 REPORT ON EXISTENCE AND UTILIZATION OF CIVILIAN POLICE COMMISSIONS IN CALIFORNIA AND APPLICATION TO MORRO BAY C-2 PROGRESS REPORT ON INTERIM HOTEL/MOTEL BUILDING MORATORIUM STUDY BY CONSULTANTS C-3 ORDINANCE NO. 305 AMENDING MUNICIPAL CODE SECTION 13.20.080, BUILDING LIMITATION, TO REQUIRE ONLY ONE ANNUAL WATER RETROFIT PROGRAM REPORT - SECOND READING AND ADOPTION D. NEW BUSINESS D-1 ESTABLISHMENT OF COUNCIL POLICY REGARDING PUBLIC NEGOTIATION OF TIDE- LANDS LEASES E. CLOSED SESSION E-1 GOVERNMENT CODE SECTION 54957.6(A) - LABOR RELATIONS E-2 GOVERNMENT CODE SECTION 54956.9(B)(1) - LAYNE WESTERN VS. CITY OF MORRO BAY F. ADJOURNMENT COPIES OF 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. -2- AGENDA Date4L Action MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 13, 1987 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Reddell called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Dale Reddell John Lemons Jim Miller Rose Marie Sheetz ABSENT: Jeff Odell STAFF: Gary Napper Judy Skousen Dave Howell Bill Farrel Nick Nichols Steve Wolter Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Police Chief Comm. Dev. Dir. Public Works Dir. Recreation & Parks Dir. City Clerk Reverend Charles Erickson of St. Peters Episcopal Church called for a moment of silence for individual reflection and prayer, and Horace Strong led the Pledge of Allegiance. PUBLIC COMMENT None DECLARATION OF FUTURE AGENDA ITEMS 1. Councilmember Lemons requested staff prepare a Resolution for the next Council meeting commending the Chamber of Commerce, their Board of Directors, John Baker, and the White Caps Band for the excellent 4th of July celebration. A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES OF THE BUDGET STUDY SESSION OF JUNE 17 1987, AND THE REGULAR MEETING OF JUNE 22, 1987 Mr. Napper recommended Council approve the minutes as submitted. A-2 RESOLUTION NO. AWARDING MANDATED DISABILITY RETI FORMER POLICE OFFICER DON PIERCE (PULLED) Item pulled; no action required. MINUTES - MORRO BAY C COUNCIL REGULAR MEETING - JULY 13, 1987 VETERAN'S MEMORIAL HALL - PAGE 2 A-3 AWARD OF PURCHASE FOR PUBLIC SAFETY COMMUNICATIONS REPEATER EQUIPMENT Mr. Napper recommended Council award the contract to Motorola in the amount of $12,213-52. A-4 RESOLUTION NO. 79-87 SUPPORTING "DIMES AGAINST CRIMES" "STATE INITIATIVE ON JUNE' 1988 BALLOT (INCREASE EXCISE TAX ON ALCOHOLIC BEVERAGES BY $0-10) Mr. Napper recommended council adopt Resolution No. 79-87. A-5 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (HARRIS) Mr. Napper recommended Council deny the claim and authorize the City Clerk to sign and send the rejection notice. A-6 AUTHORIZATION TO PAY LEGAL EXPENSES IN DEFENSE OF HOLDERNESS VS. CITY OF MORRO BAY LAWSUIT Mr. Napper recommended Council approve the expenditure of $15,848.64 for legal defense expenses in the Holderness lawsuit. A-7 AMENDMENTS TO CITY JOB CLASSIFICATION PLAN (CRIME PREVENTION COORDINATOR• CODE ENFORCEMENT OFFICER) Mr. Napper recommended Council approve the job descriptions as submitted and authorize their inclusion in the City's Classification Plan. A-8 RESOLUTION NO. 81-87 APPROVING THE REVISED 1987-88 ANIMAL CONTROL AGREEMENT WITH COUNTY OF SAN LUIS OBISPO Mr. Napper recommended Council adopt Resolution No. 81-87. Councilmember Lemons questioned Resolution No. 79-87, "Dimes Against Crimes", to "conditionally" support an initiative. Mr. Napper explained staff, along with other cities, would prefer the apportionment of funds from this legislation be based on point of sale rather than per capita as written. He noted it is estimated the city would receive $60,000 from this tax which would go directly to the Police Department for law enforcement operations and capital purchases. However, he noted it was too late to alter the language, therefore he was recommending support in concept with a note that a more equitable distribution formula should be enacted. MOTION: Councilmember Lemons moved for approval of the Consent Calendar. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0) Mr. Napper noted Councilmember Odell is on vacation. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 13, 1987 VETERAN'S MEMORIAL HALL - PAGE 3 B. PUBLIC HEARINGS, -REPORTS & APPEARANCES B-1 CONCEPT REDESIGNS FOR SIGNAGE/TRAFFIC REGULATION AT NAP HARBOR STREET INTERSECTION (MAIL BOX LOCATION) Mr. Nichols noted Council requested review of the traffic flow situation at the corner of Harbor and Napa with regard to the mail -drop boxes. In meeting with the Postmaster and the Street Advisory Committee, a proposal has been advanced to clarify the traffic situation by allowing only right turns leaving the post office parking lot and the mail -drop lane, with the remaining north bound Napa Street lane for through or left turn only traffic. The Postmaster has no objection to the proposal; however, he does not believe the Post Office should be required to pay for modifications to implement the proposal. Mr. Nichols stated it will cost approximately $700 to make the changes including materials and labor. Councilmember Miller asked if consideration had been given to remove the mail boxes entirely; Mr. Nichols said Postmaster Randy Fee advises the mail -boxes at that location are heavily used. Mayor Reddell opened the matter to comments from the public. Frank Thompson, 700 Pacific, noted there is often a "race" by north- and south -bound vehicles attempting to enter the Post Office parking lot which creates a dangerous situation. Mayor Reddell closed the hearing to public comments. Council discussed this matter further with several suggestions; it was noted if the proposal by the Street Advisory Committee was unsuccessful in clarifying the traffic confusion, it would be relatively easy to return the intersection to its present or another configuration. MOTION: Councilmember Lemons moved staff be authorized to implement the traffic -safety improvements as suggested by the Street Advisory Committee. The motion was seconded by Councilmember Miller and unanimously carried. (4-0) B-2 REPORT ON ACTIVE ENFORCEMENT OF 2-HOUR PARKING STANDARD IN DOWNTOWN AND EMBARCADERO AREAS Dave Howell reviewed his plan to provide stricter enforcement of downtown parking limits, noting his first step will be to encourage downtown merchants to require their employees to park outside of the business area. He also expressed hope the news media would cooperate by notifying the public of the increased emphasis on enforcement, and a period of warning before actual citations are issued. He reviewed the costs of enlisting senior volunteers for parking enforcement ($500). He requested Council authorize a pilot program only through Labor Day weekend, and MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 13, 1987 VETERAN'S MEMORIAL HALL - PAGE 4 then reevaluate the program and make a determination whether it would be beneficial to continue it seasonally or year-round, and/or to expand the program to the Embarcadero area. Mayor Reddell opened the hearing for public comment; there were no comments. Councilmember Sheetz noted this item had come about at her request to limit parking of RV's in the downtown area. She now wondered at the wisdom of considering the issue at this point; recent business has been so bad in downtown Morro Bay, a vehicle can find a parking place anytime. However, she did favor the suggestions by staff for increased enforcement of the 2-hour parking limitation. MOTION: Councilmember Sheetz moved Council authorize staff to implement a pilot program of downtown parking - limitation enforcement utilizing senior volunteers through September 7th (Labor Day), as outlined by staff, with an evaluation report on the program to be submitted to Council thereafter. The motion was seconded by Councilmember Lemons. Mr. Napper noted Council had also inquired regarding parking enforcement on the Embarcadero; presently, there is no signage or requirement for 2-hour parking in that area. Installation of signs would be a $9,000 project and require Council action to establish 2-hour parking on the Embarcadero. Mr. Napper suggested Council wait for an evaluation of the downtown enforcement program before instituting parking limitations and enforcement in the Embarcadero area. B-3 PUBLIC A Mayor Reddell as he is the over to Mayor table. ARING ON CONCEPT PLAN FOR MI; [SUE (SPINELLI, APPLICANT) stated he has a conflict of contractor for the project; Pro Tem Miller and stepped Mr. Farrel reviewed this application and Coastal Development Permit to Scott Avenue. He noted the project Commission with conditions to m enclosed on -site parking only, commercial usage on the top floo operate an art gallery on the top f only permissible use. Mr. Farrel discussed this project on two occas' intended use of the property appe adjunct to the applicant's other additional lodging. He noted the staff as a permitted use for the advised the Planning Commission, -USE interest on he turned down from AT 1110 this matter the meeting the Council for a Conditional Use Permit allow a mixed -use project on was approved by the Planning odify the ground -floor for and allowing residential/ r. The applicant plans to loor, although that is not the said the Planning Commission ions and expressed concern the ars to be residential or an motel business to provide art gallery was suggested by area, and the applicant had the long-range plan for the MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 13, 1987 VETERAN'S MEMORIAL HALL - PAGE 5 structure is motel units, after the lifted. The Planning commission conditions taking into consideration street exposure, and noting there are the small property. motel/hotel moratorium is approved the project with the limited site area and limited options for use of Councilmember Sheetz asked if the city would be able to enforce a requirement for a business license in order to ensure the applicant conducts a commercial use at the site. Mr. Farrel stated it could be added as a condition to the CUP; Mr. Lemons questioned the legality of placing an operational requirement on a development permit. Mayor Pro Tem Miller was not in favor of deferring the curb, gutter and sidewalk improvements; he and Councilmember Sheetz believed those improvements should be installed now. There was considerable discussion on this matter, with Councilmember Lemons questioning the advisability of installing these improvements without a drainage plan. Mr. Nichols reviewed city procedures in this regard. MOTION: Councilmember Sheetz moved for approval of Resolution No. 80-87 as amended to delete the last sentence in Condition No. 10, thus requiring installation of curb, gutter and sidewalk improvements. The motion was seconded by Mayor Pro Tem Miller and carried on the following roll call vote: AYES: Lemons, Miller, Sheetz NOES: None ABSTAIN: Reddell Mayor Reddell resumed his seat to preside over the meeting. C. UNFINISHED BUSINESS C-1 REPORT ON EXISTENCE AND UTILIZATION OF CIVILIAN POLICE COMMISSIONS IN CALIFORNIA AND APPLICATION TO MORRO BAY Dave Howell reviewed his staff report on this item noting the use of these boards is on the decline and used mostly in cities of over 50,000 Population. He detailed the number of complaints against the Police Department and their disposition, and advised of the complaint procedure available to citizens. He stated the City Police Department does not investigate their own employees accused of violations, but refers those matters to the District Attorney. He said the Department places an emphasis on a crime prevention role rather than investigation, using the Neighborhood Watch program. Councilmember Miller stated while he appreciates current system is more like "the wolf watching He believed a number of people do not make their the report, the the hen house". complaints known MINUTES - MORRO Ba.`CITY COUNCIL REGULAR MEETING - JULY 13, 1987 VETERAN'S MEMORIAL HALL - PAGE 6 because of fear of harassment and retaliation from the Police Department. Councilmember Lemons did not believe establishing a police commission in the community would be productive. He believed this role is the responsibility of the city Council and they should not abdicate their responsibilities. There was further exchange of views on this subject between Councilmembers Lemons and Miller. Mr. Napper suggested Council defer this subject to a future Council/staff workshop to develop mission goals and statements of City policy. At this point, it is unknown what the charge of such a commission would be, and he noted a questionnaire is to be distributed to the community through the city newsletter attempting to solicit a public opinion about the Police Department. MOTION: Councilmember Miller moved Council defer the subject of a police commission to a future Council/staff workshop for development of mission goals and statements; and that staff be directed to contact the cities listed having police commissions, and request written information on how their commissions operate and if they are worthwhile. The motion was seconded by Councilmember Sheetz. There was discussion on the motion, with Councilmember Lemons and Mayor Reddell not in favor if the direction was to contact all cities on the list; they believed only cities of comparable size to Morro Bay should be contacted. Councilmember Miller stated his motion stands; however, he conceded the contacts to the cities could be made by telephone rather than requesting responses in writing. The motion failed on the following roll call vote: AYES: Miller, Sheetz NOES: Lemons, Reddell ABSENT: Odell Councilmember Miller stated those who voted "no" on the motion do not care for the protection of the people in Morro Bay. Councilmember Lemons and Mayor Reddell resented the implication. C-2 PROGRESS REPORT ON INTERIM HOTEL/MOTEL BUILDING MORATORIUM STUDY BY CONSULTANTS Mr. Farrel noted Council had selected Courtney and Associates. The Morro Group to conduct a study to assess the impacts to City services of hotel/motel development. Council is in receipt of a summary of information developed by the consultants to date, and a task outline which the consultant will review with Council. MINUTES - MORRO Bi,._ CITY COUNCIL REGULAR MEETING - JULY 13, 1987 VETERAN'S MEMORIAL HALL - PAGE 7 Mary Reentz of the Morro Group reviewed her role in the data - gathering aspect of the project and noted some significant statistics developed thus far. She stated Morro Bay has the potential to double its current hotel/motel community currently, and to double that figure if zoning changes were requested and made. She noted the difficulty of assessing occupancy rates, since there is not enough information from recent developments to establish statistics yet. Councilmember Lemons commented he hoped the community does not get the impression the city is considering 1600 additional motel rooms in Morro Bay by allowing zone changes to take place. There was discussion regarding occupancy rates and Mr. Farrel advised that information would be forthcoming in an economic study being prepared by Steve Wahlstrom. Ms. Reentz noted Mr. Wahlstrom informed her the occupancy rates are apparently very high. Jay Czarnecki, Courtney and Associates, reviewed the project goals including mitigating hotel/motel development potential impacts upon City services; alterations or visual amenities and the change to community character; generate standards to guide design character and heights of motels based on various neighborhoods; generate conceptual and comprehensive build -out scenarios identifying and prioritizing constraints and opportunities; determine appropriate aesthetic criteria and guidelines for future development; incorporate the design guide into the zoning ordinance and future specific plans; and achieve a positive and constructive community -wide response to the study. Mayor Reddell stated he was looking forward to the final product. Councilmember Lemons asked if one of the recommendations would be to form an Architectural Review committee. Mr. Czarnecki stated that could be a recommendation if data supported that type of process, but he was not pre -disposed to the idea. Councilmember Lemons asked if a criteria had been established in the moratorium ordinance regarding hotel/motel construction that if the occupancy rate reaches a certain percentage, the ordinance would be rescinded? Mr. Napper stated it had been discussed during ordinance adoption, but it is not a part of the ordinance as adopted. No action taken; report only. C-3 ORDINANCE NO. 305 AMENDING MUNICIPAL CODE SECTION 13.20.080, BUILDING LIMITATION, TO REQUIRE ONLY ONE ANNUAL WATER Mr. Napper stated ordinance No. 305 is scheduled for second and final reading this evening; this ordinance will require only one annual water retrofit program report, instead of the current semi-annual requirement. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 13, 1987 VETERAN'S MEMORIAL HALL - PAGE 8 MOTION: Councilmember Miller moved Ordinance No. 305 be read by title and number only. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0) Mr. Napper read Ordinance No. 305 by title and number only. MOTION: Councilmember Sheetz moved for adoption of Ordinance No. 305 as second and final reading. The motion was seconded by Councilmember Lemons and unanimously carried. (4-0) D. NEW BUSINESS D-1 ESTABLISHMENT OF COUNCIL POLICY REGARDING PUBLIC NEGOTIATION OF TIDELANDS LEASES Mr. Napper, referring to recent Council meetings and Council negotiations with Mildred Dennis' attorney for her lease site lasting 4 1/2 hours, stated Councilmembers and staff believed the process could be more efficient. He outlined a proposal to adopt a Council policy leaving lease negotiation at the staff level with the City Administrator to serve as initial appeal level; if issues are not resolved at that level, the tenant may submit a written statement to the city Council stating their position and may provide a brief summary during a public Council meeting. Council will then adjourn to Closed Session to instruct staff in the finalization of lease negotiations with the tenant. He suggested Council adopt this as a formal Council policy in dealing with leaseholders. MOTION: Councilmember Sheetz moved Council approve a policy statement as submitted by the City Administrator. The motion was seconded by Councilmember Lemons. All Councilmembers expressed their support of this policy statement; and Mayor Reddell directed the statement be mailed to all lessees, the Waterfront Leaseholders Association, and Ray Biering. He also suggested establishing a city Council Policy Handbook wherein Council policy statements can be easily referred to. The motion was unanimously carried. (4-0) E. CLOSED SESSION Mayor Reddell stated the meeting is adjourning to Closed Session for discussion of Labor Relations in accordance with Government Code Section 54957.6(a), and potential litigation in the matter of Layne Western vs . city of - Morro Bay in accordance with GovernmentCodeSection 54956.9(b)(1). MINUTES - MORRO BAZ CITY COUNCIL REGULAR MEETING - JULY 13, 1987 VETERAN'S MEMORIAL HALL - PAGE 9 MOTION: Councilmember Lemons moved the meeting adjourn to Closed Session. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0) The meeting adjourned to Closed Session at 8:17 p.m and returned to regular session at 10:28 p.m. MOTION: Councilmember Sheetz moved the meeting be adjourned. The motion was seconded by Councilmember Miller and unanimously carried. (4-0) The meeting adjourned at 10:28 p.m. Recorded by: �� �. , _. ARDITH DAVIS City Clerk