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HomeMy WebLinkAboutCC_1987-08-24 Regular Meeting MinutesCITY COUNCIL ITeT�►fT1 REGULAR MEETING - AUGUST 24, 1987 VETERANS MEMORIAL HALL - 6:00 P.M. ' ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE PRESENTATIONS - CERTIFICATES OF APPRECIATION TO 1986-87 NEIGHBORHOOD WATCH MEMBERS 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 A-1 CITY COUNCIL MINUTES FROM THE REGULAR MEETING OF AUGUST 10, 1987 AND THE ADJOURNED REGULAR MEETING OF AUGUST 12, 1987 A-2 PROCLAMATION DECLARING THE MONTH OF SEPTEMBER 1987 AS "U.S. CONSTITU- TION BICENTENNIAL MONTH" A-3 PROCLAMATION DECLARING SEPTEMBER 8, 1987 AS "WORLD LITERACY DAY" A-4 PROCLAMATION DECLARING THE MONTHS OF SEPTEMBER THROUGH DECEMBER, 1987 AS "GOOD NEIGHBOR MONTHS" A-5 RESOLUTION NO. 98-87 GRANTING APPEAL WITH CONDITIONS ON CUP 17-87; GUEST HOUSE AT 115 EASTER STREET (IVAN PIERCE, APPLICANT) A-6 RESOLUTION NO. 99-87 AWARDING BID NO. PW87-223, PORTABLE GENERATOR FOR SEWER COLLECTION SYSTEM A-7 STATEMENT OF INVESTMENTS - JULY 1987 A-8 EXPENDITURE REPORT - JULY 1987 A-9 RESOLUTION NO. 100-87 APPROVING AGREEMENT WITH SAN LUIS OBISPO AREA COORDINATING COUNCIL FOR GRANT FUNDS TO UPDATE CITY'S SHORT-RANGE TRANSPORTATION DEVELOPMENT PLAN (1988-93) A-10 RESOLUTION NO. 102-87 APPROVING ANNUAL JOINT POWERS AGREEMENT WITH SAN LUIS OBISPO AREA COORDINATING COUNCIL 1 APPEAL ISSION VAL A-11 73-87E MIMOSA STREETRASSESSMENTNDIST ICTG(PAOULMPRICE, APPELLANT) F CDP LANT) 73 , A-12 ACCEPTANCE OF RESIGNATION FROM CABLE TV BOARD (SHERIDAN) AND AUTHORITY TO ADVERTISE TO FILL VACANCY A-13 REJECTION OF LIABILITY CLAIM (PASKE) B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PUBLIC RESIDENTIALING ON CDP 77-8SUBDIVISION ON IR FOR TENTATIVE 13-LOT RONWOOD AV ENMAP (LOPERENA, APPLICANT) B-2 CONSIDERATION OF RESOLUTION NO. 103-87 APPROVING TIME EXTENSION FOR CUP 35-85 ON EMBARCADERO LEASE SITE 50/52W (REG WHIBLEY, APPLICANT) B-3 CITIZENS ADVISORY COMMITTEE RECOMMENDATION FOR CITY ENTRANCE SIGNAGE B-4 RESOLUTION NO. 101-87 APPROVING APPLICATION FOR 1987 UMTA SECTION 18 CAPITAL PROJECT GRANT FUNDS (DIAL -A -RIDE SYSTEM IMPROVEMENTS) B-5 CONTINUED PUBLIC HEARING ON CHAPTER D (VEHICLE TRANSPORTATION COMPO- NENT) AND CHAPTER E (PARKING COMPONENT) OF THE DRAFT CIRCULATION ELE- MENT (GPA 03-86), 1-HOUR TIME LIMIT C. UNFINISHED BUSINESS C-1 DETERMINATION OF FILLING COUNCILMEMBER VACANCY, AND POTENTIAL INSTAL- LATION OF NEWLY -APPOINTED COUNCILMEMBER C-2 SELECTION OF MAYOR PRO TEM, AND APPOINTMENTS TO INTERGOVERNMENTAL BOARDS C-3 ORDINANCE NO. 306 UPDATING FLOODPLAIN MANAGEMENT ORDINANCE - SECOND READING AND ADOPTION C-4 RESOLUTIONS NO. 96-87 AND 97-87 CLARIFYING FINDINGS AND INTENTIONS OF INTERIM ORDINANCES NO. 301 AND 304 (AKA VRM AND ADJACENT PROPERTIES) D. NEW BUSINESS D-1 REPORT ON 1987 HOUSEHOLD HAZARDOUS MATERIALS CLEAN-UP DAY AND SUGGES- TIONS FOR ANNUAL PROGRAMMING AND FUNDING D-2 HARBOR ADVISORY BOARD RECOMMENDATION ON PUBLIC BOAT LAUNCHING AND PARKING FEES (TIDELANDS PARK) D-3 HARBOR ADVISORY BOARD RECOMMENDATION FOR HARBOR PRECISE PLAN COMMENCEMENT D-4 1987 HARBOR FESTIVAL PERMITS AND COMMITTEE RECOMMENDATION FOR USE OF ELECTRICAL IMPROVEMENT CAPITAL FUNDS Fi D-5 DESIGNATION OF VOTING DELEGATE AND ALTERNATE TO LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE E. CLOSED SESSION E-1 GOVERNMENT CODE SECTION 54956.9(A) - PENDING LITIGATION A. CABRILLO ENTERPRISES VS. CITY OF MORRO BAY B. KEYOTA-MORRO BAY, _INC. AND MORRO BAY-NATALIE INC. 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. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 24, 1987 VETERANS MEMORIAL HALL Mayor Reddell called the meeting to order at 6:05 p.m. Rnr.r, CALL PRESENT: Dale Reddell John Lemons Jeff Odell Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Judy Skousen Alan Davis Bill Farrel Nick Nichols Steve Wolter Bernie Zerr Ardith Davis Mayor Councilmember Councilmember Councilmember City Administrator City Attorney Harbor Director Comm. Development Dir. Public Works Director. Recreation and Parks Dir. Fire Chief City Clerk Reverend Lance Poldberg of the Calvary Lutheran Church gave the invocation, and Horace Strong led the Pledge of Allegiance. PRESENTATIONS Mayor Reddell stated Neighborhood Watch is a crime prevention program consisting of citizens cooperating with law enforcement to reduce crime. He noted some of the past Board of Directors for the 1986-87 term were present to receive Certificates of Ap- preciation for their participation during the last year. On hand to receive their certificates were Mary Jane Puett, Mary Schlitz, and James Mulgrew. Also receiving Certificates, but not present were Karl Hansen, Virginia Schleinze, and Pat Elliot (deceased). Mayor Reddell thanked the Board members for their service. PUBLIC COMMENT 1. Fred Hertz of the Law Offices of Timothy A. Tosta and representing Keyoto-Natalie in the VRM property lawsuit, stated he wished to speak on item C-4 either at this time or when Coun- cil comes to that item on the Agenda. Mayor Reddell stated Mr. Hertz would be given an opportunity to speak when the item comes up before Council. 2. Bruce Risley addressed the Council vacancy which is on the agenda and encouraged Council to follow the precedent set by the previous Council when faced with the same situation; they se- lected the person who received the next highest number of votes MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING _ AUGUST 24, 1987 PAGE 2 in the most recent election (Ray Kaltenbach). He also believed Councilmember Odell's view should carry additional weight since he received the largest number of votes in the last election. 3. Nancy Bast stated Council selection of a Councilmember should be no less than the interview/selection process of advi- sory board members, and should be conducted in public. She also reviewed questions she believed appropriate to ask a Council candidate. 4. Peter Diffley advised Council to set aside personal differences in selecting a Councilmember, noting the person should not be an active supporter of any local political action group, or have close ties to present Councilmembers. 5. Frank Thompson critiqued a paid advertisement in the Sun -Bulletin by the Peace Officers Association, and criticized the Police Department's response to an accident near his home. DECLARATION OF FUTURE AGENDA ITEMS 1. Councilmember Sheetz requested staff prepare a resolu- tion for Council consideration in support of AB 639, AB 1749, and SB 4, so long as particular emphasis on Coastal Conservancy fund- ing is part of merging those bills. A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES FROM THE REGULAR MEETING OF AUGUST 10, 1987 AND THE ADJOURNED REGULAR MEETING OF AUGUST 12, 1987 Mr. Napper recommend Council approve the minutes as submitted. A-2 PROCLAMATION DECLARING THE MONTH OF SEPTEMBER _1987 AS "U.S. CONSTITUTION BICENTENNIAL 14_TH" _ Mr. Napper recommended Council authorize the Mayor to sign the Proclamation. A-3 PROCLAMATION_ DECLARING SEPTEMBER 8, 1987 AS "WORLD LITERACY _DAY" Mr. Napper recommended Council authorize the Mayor to sign the Proclamation. A-4 PROCLAMATION DECLARING THE MONTHS _OF_ SEPTEMBER THROUGH DECEMBER,-1987_AS "GOOD NEIGHBOR MONTHS" Mr. Napper recommended Council authorize the Mayor to sign the Proclamation. MINUTES - MORRO BAx CITY COUNCIL REGULAR MEETING - AUGUST 24, 1987 PAGE 3 A-5 RESOLUTION NO. 17-87; GUEST APPLICANT) 98-87 GRANTING APPEAL WITH CONDITIONS ON CUP HOUSE AT 115 EASTER STREET (IVAN PIERCE, Mr. Napper recommended Council adopt Resolution No. 98-87. A-6 RESOLUTION NO.9_9-87 AWARDING BID NO. PW87_223► PORTABLE GENERATOR FOR SEWER COLLECTION SYSTEM Mr. Napper recommended Council adopt Resolution No. 99-87 award- ing contract to Holcomb & Son. A-7 STATEMENT OF INVESTMENTS - JULY 1987 Mr. Napper recommended Council accept the report for file. A-8 EXPENDITURE REPORT - JULY 1987 Mr. Napper recommended Council approve the report as submitted. A-9 RESOLUTION NO. 100-87 APPROVING AGREEMENT WITH SAN LUIS OBISPO AREA COORDINATING COUNCIL FOR GRANT FUNDS TO UPDATE CITY'S SHORT-RANGE TRANSPORTATION DEVELOPMENT PLAN (1988-93) Mr. Napper recommended Council adopt Resolution No. 100-87. A-10 RESOLUT_ION NO. 102-87 APPROVING ANNUAL JOINT POWERS AGREE- MENT WITH SAN LUIS OBISPO AREA COORDINATING COUNCIL Mr. Napper recommended Council adopt Resolution No. 102-87. A-11 SET HEARING DATE FOR _APPEAL _O_N PLANNING_ COMMISSION APPROVAL OF ',DP 73-87, MIMOSA STREET ASSESSMENT DISTRICT (PAUL PRICE, APPELLANT) Mr. Napper recommended Council set September 14, 1987 as the hearing date, and authorize staff to notice the hearing and pre- pare the reports. A-12 ACCEPTANCE OF RESIGNATION FROM CABLE TV BOARD (SHERIDAN) AND AUTHORITY TO ADVERTISE TOFILLVACANCY Mr. Napper recommended Council accept the resignation of Mr. Sheridan, and authorize staff to advertise the vacancy. A-13 REJECTION OF LIABILITY CLAIM (PASKE) Mr. Napper recommended Council deny the claim, and authorize the City Clerk to send the appropriate rejection letter. MOTION: Councilmember Lemons moved for approval of the Consent Calendar. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 24, 1987 PAGE 4 B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PUBLIC HEARING ON CDP 77-84R FOR TENTATIVE ING 13-LOTRESIDENTIAL SUBDIVISION ON (LOPERENA L APPLICANT) MAP 01-85 REGARD- �IRONWOOD AVENUE Mr. Farrel reviewed the application for a 13-lot subdivision on a 3-acre site on the west side of Ironwood between Mimosa and Avalon. He said the above -ground storm drainage system will be privately owned and maintained with future maintenance provided through private CC&R's. The underground drainage facilities will be City owned and maintained, but a property owners assessment district will be formed to reimburse the City for the cost of City maintenance. He also reviewed the history of this site and previous requests; denial of the subdivision in September 1985 resulted in a lawsuit by the property owner. The current Coun- cil, in an attempt to reach a settlement with the property owner, directed the Subdivision Review Board and Planning Commission to reconsider the matter. The Commission was unable to make a deci- sion on the application, believing an amendment to the General Plan, LCP and zoning for the area appropriate before considera- tion of the application. They have requested guidance from the Council; the Council opted to consider the application directly. Staff recommended Council grant conditional approval of the Ten- tative Tract Map and CDP; a resolution will be provided at the next meeting formally confirming Council action. Mayor Reddell opened the hearing to the public for comments. Ray Biering, attorney representing Jack Loperena, the applicant, stated it is inappropriate to discuss legal issues, but said he is available to answer questions. He noted the engineer of the project, Bruce Elster, is also present to answer questions. Paul Price, 2045 Ironwood, spoke in opposition to granting the application. He cited the CC&R's which prohibit less than 1/2 acre parcels in this tract and urged Council to uphold the CC&R's, and to respond to the people who had elected them by denying the application. Mayor Reddell asked questions regarding the City's obligation to uphold the CC&R's. Ms. Skousen explained CC&R's are Covenants, Conditions and Restrictions a private property owner can place on his property prior to selling the property. In this instance, the original Dirk Subdivision contained CC&R's providing for 1/2 acre lots and 1-story homes. CC&R's are private agreements be- tween property owners; if one property owner breaches the covenants, the other property owners can sue that property owner to enforce them. These particular CC&R's are not part of the City's zoning or City ordinances, and it is inappropriate for the City to enforce private deed restrictions. She noted in some cases private deed restrictions have been incorporated into City ordinances, but not in this particular case. The City would be MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 24, 1987 PAGE 6 tions on property when they can't enforce the existing CC&R's. Ms. Skousen explained the difference between private deed re- strictions between property owners, and the City placing condi- tions on development. Mayor Reddell closed the hearing to the public. Councilmember Sheetz stated she had experience with drainage problems in that area as she used to live there; she believed the drainage needs to be addressed further, and Mr. Elster is mini- mizing the problem. She said she could not vote for approval of the subdivision. Councilmember Lemons asked Mr. Nichols if he had checked Mr. Elster's calculations; Mr. Nichols indicated he had. Councilmem- ber Lemons asked Mr. Elster technical design questions on the drainage plans to which Mr. Elster responded. Councilmember Sheetz asked if the drainage system would eliminate the problems on Ironwood. Mr. Elster responded by outlining the improvements to the drainage inlet in the area. Mayor Reddell asked about the pending lawsuit against the City in this matter. Ms. Skousen stated if the City approves this subdi- vision, the risk to the City will be much less, and the cost to the City much less. She noted the suit has been pending since 1985 and the City has spent considerable time and money on it to date. She also stated two previous Morro Bay City Attorneys have advised Council they faced risk if they failed to approve the subdivision, and she also agreed with those opinions. The pro- ject as submitted meets and conforms with criteria in City ordinances. Mayor Reddell questioned property owners rights who opposed the subdivision; Ms. Skousen stated they have the option of filing civil suit against Mr. Loperena to force him to comply with the private CC&R's. Councilmember Odell advised property owners opposed to the subdi- vision the Council legally cannot disapprove the proposal; the burden is on the local property owners to petition the Planning Commission, and then the City Council, for a change in zoning in this area if they wished to preserve the 1/2 acre minimum lot size. He sympathized with the local residents, but did not be- lieve Council had a choice in this instance. MOTION: Councilmember Lemons moved Council grant conditional approval of Tentative Tract Map 01-85 and Coastal De- velopment Permit 77-84R, and instruct staff to prepare the appropriate Resolution with findings and conditions for formal adoption at the next meeting; a condition also be added to require all drainage entrance facili- ties be designed for 100-year storms. The motion was MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 24, 1987 PAGE 5 violating its own zoning ordinance not to approve this application. Mr. Price stated the City upheld CC&R's in the Atascadero Beach Tract, and not doing the same in this instance is discrimination. Mr. Skousen responded the zoning in the Beach Tract was changed 2 years ago to comply with some of the provisions of the CC&R's. A portion of the CC&R's became City ordinances, so the City is en- forcing a City ordinance, not private deed restrictions. She also noted the zoning cannot be changed once an application is before the City. Dona Deack, 2184 Bayview, objected to 2-story homes as invasion of her privacy in overlooking her backyard. Illa Osborn, 2191 Ironwood, also objected to her privacy being taken away by a 2- story home and was concerned about the drainage facilities. Mayor Reddell asked Mr. Nichols to review the specifications for storm drainage; Mr. Nichols complied. Peggy Woods, 2195 Ironwood, spoke in favor of the subdivision noting people are unreasonable not to expect building on vacant lands. The proposed lots are not that small, and will create a lovely place of still low -density. She also indicated the re- strictions have not been upheld already in the area; her property is 2-story now. Geraldine Price opposed the subdivision noting 465 people signed an earlier petition against the application, and suggested the possibility the site may be Indian burial grounds. Claudine Collinhauf was concerned about privacy and drainage impacts. Bruce Elster, Engineer for the subdivision, addressed some of the concerns expressed regarding the drainage. He said the property owners will see less water than they did before the development as a result of the drainage planned for the site. He also stated there are a number of property developments from the original Dirk Subdivision which have violated the CC&R's (18 of 25 lots). He said Mr. Loperena is only asking for half of the entitlement allowed by City ordinance (maximum 21 lots), and is not request- ing houses in this application. Mayor Reddell asked if conditions placed on the subdivision would be passed on to individual property owners. Ms. Skousen stated the conditions will be placed on any development and a property owner will have to comply with the conditions in order to obtain a building permit. Charles Palmer, engineer, stated it is important to make sure the open drainage system is maintained. Nancy Bast noted the City approved a similar drainage problem in the Stocking property con- dominium project, and it has caused embankment erosion. Joe Clark questioned the City placing and enforcing new deed restric- MINUTES - MORRO BAI CITY COUNCIL REGULAR MEETING - AUGUST 24, 1987 PAGE 7 seconded by Councilmember Odell and carried on the fol- lowing roll call vote: AYES: Lemons, Odell, Reddell NOES: Sheetz B-2 CONSIDERATION OF RESOLUTION_NO. 103-87 APPROVING TIME EXTEN- SION FOR CUP 35-85 ON EMBARCADERO LEASE SITE 50 52W (REG WHIBLEY, APPLICANT) Mr. Farrel explained the requestfor Concept one-year for time improvements on a Conditional Use Permit on a pt Lease Sites No. 50-52W. He stated the prolonged renegotiation of a Master Lease with the City has caused the applicant to be un- able to begin work on the proposed dock for this site. Staff recommends approval include precise plan changes to public access. Mayor Reddell opened the hearing to the public for comments. Nancy Bast asked if the reason for the time extension is due to negotiation of the waterfront lease; Mr. Farrel stated yes. Mayor Reddell asked if it is an unusual request; Mr. Farrel said it is not an unusual request and there are no new issues involved. Mayor Reddell closed the hearing to the public. MOTION: Councilmember Sheetz moved for adoption of Resolution No. 103-87. The motion was seconded by Councilmember Lemons and unanimously carried. (4-0) B-3 CITIZENS ADVISORY COMMITTEE RECOMMENDATION FOR CITY ENTRANCE SIGNAGE Mr. Napper introduced Johannah Varland, Special Projects Planner for the City, and explained she has been instrumental in bringing plans for City entrance signs to fruition. Ms. Varland explained the committee process used to review design submittals by Cal Poly students. The final recommendation is a redwood signboard, pilons, natural rock masonry, and painted let- tering. Ms. Varland displayed a rendering of the sign for public view. The Committee recommends placing the sign in three loca- tions: the median park at Quintana Road and Morro Bay Boulevard; Yerba Buena and Toro Lane; and Highway 41 between Sunset and Ironwood. They also recommend CalTrans be requested to replace the City -limit signs at City cost to include a City slogan. The slogan will be determined by a City-wide contest. And finally, they recommended improved landscaping around existing service club signs at Main and Quintana. Mayor Reddell opened the hearing to the public for comments. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 24, 1987 PAGE 8 Imogene Haidet commended the committee for their work, and stated they had done a beautiful job. Mary Phillips suggested using California Conservation Corps to do some of the work involved to save money. The hearing was closed to the public. MOTION: Councilmember Lemons moved Council approve the City en- try sign design and 4-point sign program as recommended by the Citizens Advisory Committee; and appropriate $1,000 from FY 87-88 General Fund Contingencies to sup- port all 3 sign installations. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0) B-4 RESOLUTION NO. 101-87 APPROVING APPLICATION FOR 1987 UMTA SECTION 18 CAPITAL _PROJECT GRANT FUNDS (DIAL -A -RIDE SYSTEM IMPROVEMENTS) Mike Upton reviewed the grant application for Urban Mass Trans- portation Act (UMTA) funds which includes a transit vehicle, per- sonal computer and accessories, and bus stop shelter at City Park. The total estimated cost of these projects is $83,000; grant. funds would provide $66,400. The NCT and SLOCAT may pro- vide $5,000 match for the bus stop which would make the City's share estimated at $11,600. He noted these same applications were submitted last year, but no projects in San Luis Obispo County were awarded funds. Mayor Reddell opened the hearing to the public for comments; there were no comments and the hearing was closed. Councilmember Odell asked why the existing restroom at City park will be demolished and moved upon construction of the bus shel- ter. Mr. Wolter stated the restroom is scheduled for replacement and, during meetings on the approved Master Plan for City Park, Council concurred a new location between the children's play- ground and the shuffleboard courts is a better location for park users. Councilmember Odell asked about in -kind contributions from commu- nity groups in constructing the bus shelter and if these services would qualify for local match. Mr. Upton was not certain, but indicated the City had to look at the liability risk, and make sure they did not violate the Public Contracts Code. Mayor Reddell asked when a new restroom would be reconstructed if the present one is demolished when the bus shelter is con- structed. Mr. Napper believed the timing of when the City actu- ally receives any grant will coincide with the next budget cycle when Council may appropriate monies to construct the restroom, or decline this portion of the grant award. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 24, 1987 PAGE 9 MOTION: Councilmember Lemons moved for adoption of Resolution No. 101-87. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0) Council recessed from 8:30 p.m. to 8:45 p.m. B-5 CONTINUED PUBLIC HEARING ON CHAPTER D (VEHICLE TRANSPORTA- TION COMPONENT) -AND CHAPTER E (PARKING COMPONENT) OF THE DRAFT CIRCULATION ELEMENT (GPA 03-86), 1-HOUR TIME LIMIT Don Funk, consultant, reviewed the parking component of the Cir- culation Element. He displayed drawings indicating possible ar- eas for off-street parking in downtown Morro Bay, and stated sim- ilar areas are available in the Embarcadero area. He also re- viewed suggestions to change City parking requirements for new developments and overlapping commercial uses. Mr. Funk also dis- played a drawing sampling diagonal parking on Monterey from Morro Bay Blvd. He said the City could increase parking by 50% in this manner which would include making Monterey a one-way street. Mayor Reddell opened the hearing to the public for comments. Sil Candenasso stated the Board of Directors of the Chamber of Commerce are in favor of improving the parking in the downtown area. They believe this can be accomplished by enforcing the 2- hour parking limitation, using diagonal parking on some streets, and perhaps public parking lots in the downtown area. They also think the the 2-hour parking limitation should be expanded to in- clude an additional block of Morro Bay Boulevard, and Harbor Street. He commented the Embarcadero business people do not want parking meters or assessment parking provided. Imogene Haidet pointed out a sight -distance problem on San Joaquin. There was discussion on ways to prevent large vehicles from parking near intersections; Mayor Reddell suggested marking these parking spaces for compact vehicles only. Mary Phillips believed lack of parking will discourage people from shopping downtown. There was discussion regarding Embarcadero parking, with Mr. Funk suggesting the City look at alternate ways to transport people on the Embarcadero, such as a water taxi or shuttle service. Councilmember Lemons questioned the process if the adopted Circu- lation Element does not conform to current City zoning ordi- nances. Mr. Farrel stated the zoning ordinances should then be amended to reflect the policies adopted in the Circulation Element. Councilmember Lemons commented one of the drawbacks to improving downtown businesses is the fact owners cannot change the uses of their buildings because there is no place to put on -site parking. Also in -lieu fees are often prohibitive and not something the lo- MINUTES - MORRO BAY 'CITY COUNCIL REGULAR MEETING - AUGUST 24, 1987 PAGE 10 cal businesses can handle. He was also concerned the City might collect in -lieu fees for parking lots they may never construct. Ned Rogoway, private planning consultant, referred to an Embar- cadero project he has been working on for 4 years and cannot com- plete because the City has no concrete solution to the parking problem on the Embarcadero. Current regulations require too much use of valuable Embarcadero space for parking. He does not be- lieve the proposed Circulation Element solves any of the problems because it is too general and does not implement a parking program. Mayor Reddell closed the hearing to the public. Councilmember Lemons encouraged Mr. Rogoway to forward his sug- gestions for public parking to City staff in writing. MOTION: Councilmember Sheetz moved the hearing be continued to the next meeting regarding circulation and parking. The motion was seconded by Councilmember Lemons and unanimously carried. (4-0) C. UNFINISHED BUSINESS C-1 DETERMINATION OF FILLING COUNCILMEMBER VACANCY, AND POTEN- TIAL INSTALLATION OF NEWLY -APPOINTED COUNCILMEMBER Mr. Napper reminded Council they have until August 31st to either select a replacement for Mr. Miller's vacant term, or the matter will automatically go to election in April 1988. He noted staff is prepared to administer an Oath of Office this evening if Coun- cil makes a selection; the individual's voters registration must then be validated afterwards. Councilmember Odell stated he had 2 names to suggest and the in- dividuals are present this evening to field Council questions. He presented Paul Donnelly and Cheryll McCarty. He said Mr. Don- nelly is currently on the Street Advisory Committee, and Coun- cilmember Odell was impressed with his responses to questions when he talked to Mr. Donnelly. Ms. McCarty has lived in Morro Bay her entire life, and has a long record in public service. Mayor Reddell presented Jack Harper for consideration stating he presently is a Planning Commissioner and owns a business in Morro Bay. Councilmember Sheetz suggested former Mayor Bud Zeuschner for consideration as someone who is experienced and known to the community. MOTION: Councilmember Odell moved Paul Donnelly be appointed to the vacancy on the Morro Bay City Council. The motion was seconded by Councilmember Lemons. Mayor Reddell suggested further discussion on Jack Harper; Coun- cilmember Sheetz stated she could support Mr. Donnelly. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 24, 1987 PAGE 11 The motion was unanimously carried by roll call vote. (4-0) Mr. Donnelly was not present at the meeting; upon telephoning him, he was unable to return to the meeting to take the Oath of Office. Council set Wednesday, August 26th at 7:00 P.M. in the Veterans Memorial Hall to seat the new Councilmember. C-2 SELECTION OF MAYOR PRO TEM, AND APPOINTMENTS TO_INTERGOVERN- MENTAL BOARDS Council deferred this matter to August 26th. C-3 ORDINANCE NO. 306 UPDATING FLOODPLAIN MANAGEMENT ORDINANCE— SECOND READING AND ADOPTION Mr. Napper stated the proposed ordinance changes the City's floodplain regulations as required by the Federal Emergency Man- agement Agency (FEMA). If adopted this evening, the Ordinance will be effective September 23rd. MOTION: Councilmember Lemons moved Ordinance No. 306 be read by title and number only. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0) Mr. Napper read Ordinance No. 306 by title and number only. MOTION: Councilmember Odell moved for adoption of Ordinance No. 306 as second and final reading. The motion was sec- onded by Councilmember Lemons and unanimously carried. (4-0) C-4 RESOLUTIONS NO. 96-87 AND 97-87 CLARIFYING FINDINGS AND IN- TENTIONS_O_F INTERIM _ORDINANCES NO. 301 AND 304 (AKA VRM AND ADJACENT PROPERTIES) Judy Skousen stated Council adopted urgency Ordinances No. 301 and 304 to temporarily prohibit development on these properties to provide the City with time to study the properties for possi- ble zoning changes. The two Resolutions presented this evening were prepared to clarify the meaning of the ordinances and to ex- plain the findings. Resolution No. 96-87 clarifies the meaning and intent of the ordinances, and Resolution No. 97-87 expands the findings originally set forth in the ordinances. The Resolu- tions make clear Council's intent was to study and have studies conducted to determine the best use for the properties. Ms. Skousen noted nothing in the ordinance prohibits applications from being submitted, and nothing prohibits staff from processing those applications. Councilmember Odell asked about the impact on the City's infras- tructure by a large residential development. Mr. Farrel stated MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 24, 1987 PAGE 12 there have been studies where it has been shown the impact of a residential development is greater than its return to a city. Fred Hertz, Law Offices of Timothy A. Tosta and representing the "VRM" (Keyoto-Natalie) property interests, reviewed a proposal sent to Council last week to possibly resolve Council concerns and prevent lengthy litigation. He noted his law firm filed 2 suits against the City in response to their adoption of the mora- torium ordinances. They propose Council rescind the oratorium and allow his client to proceed with the application maintains the City will still be allowed -Co do what it wants to do, which is study the property for possible zone changes. The City's Plan of Study goals can be met through the application process, and an Environmental Impact Statement will accomplish the same thing. Their plan is to hold public hearings and re- ceive citizen input; if the consensus of input is different than the LCP consensus arrived at several years ago reflecting a pref- erence for residential development, they are prepared to modify their application. If the City rescinds the ordinances, Mr. Hertz said they will put the lawsuits "on hold" and evaluate the "good faith" efforts ev- ery 3 months to see if progress is being made in good faith. if progress is being made, they will again postpone their lawsuits. Mr. Hertz said the Resolutions presented to Council this evening appeared to be attempt to cure some of the defects in the morato- riums. He is pleased the Resolutions state the moratorium is in- terpreted to mean they can process their application. He was concerned, however, they would proceed with the application, hir- ing architects and land planners, contracting for an Environmen- tal Impact Report, only to find the application ready for a vote and the moratorium is still in effect. If the City is maintain- ing the moratorium will not hurt them because it will take so long to process their applications, then why the moratorium? He said his client has no vested rights until they have an approval; and, if the City chooses to change its zoning, it can do that re- gardless of whether there is an application on file. Mr. Hertz believed the City is attempting to cure a defective or- dinance by adding the additional findings in the Resolution. Councilmember Odell stated he met with Mr. Brewer, representative for the "VRM" property, along with Mr. Farrel in January or February of this year. At that meeting he named virtually all of the findings in the Resolutions to Mr. Brewer. He objected to Mr. Hertz accusations the Resolution is concocted after -the -fact. Mr. Hertz stated he still questions whether those are reasons for a moratorium, or whether those are issues that should be raised during the environmental review process. Councilmember Odell asked why lift the moratorium if the appli- cant is allowed to continue through the process? Mr. Hertz MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 24, 1987 PAGE 13 stated the moratorium affects his client's ability to get financ- ing and to have appraisals done. He has serious doubts they would be able to meaningfully proceed with their application un- der the moratorium; they believe they could move more quickly without it, though no less thoroughly. Councilmember Odell asked what his proposal is? Mr. Hertz stated they have no set proposal; there is currently a proposal that would require amendment of the City's LCP which calls for partial housing, partial open space and partial abalone farm. Councilmember Odell asked Mr. Hertz if he understood the City's water allocation program, and the possibility exists he may have to wait a number of years to gain the water equivalencies to de- velop 70 or 80 homes? Mr. Hertz stated there are several alter- natives to handling that; one is find a solution to the water problem, and the other is simply get approval for the lots and let the individual buyers apply for houses and building permits. Individual owners would face the one -by -one task of getting water equivalencies. Mayor Reddell asked what the process is if they submit an appli- cation? Ms. Skousen stated they have never been prohibited from submitting an application, but have submitted bits and pieces of an application and been notified as to what it would take to make the application complete. When they submitted the parts, they specifically said they did not want to submit a complete applica- tion until after there were some public hearings. Councilmember Lemons asked if the applicant submitted an applica- tion which complies with current zoning and land use requirements and was determined complete by the Community Development Depart- ment, what leverage does the City have if City studies or commu- nity input indicated zoning should be different from the current R1 PD on the property? Ms. Skousen responded the City would have no leverage without the interim urgency zoning ordinance. The ordinance gives the property owners advance knowledge the City is in the process of possibly changing the zoning, and is entitled to continue that study and to eventually change the zoning. Mr. Hertz indicated a settlement of the litigation could contain a development agreement which would be enforceable by court. That would enable his client to begin the application process and, if they have to shift in terms of use mid -stream because the consensus has changed, that will not harm them. Ms. Skousen advised Council this discussion was beyond what was agendized. The item for discussion is the 2 Resolutions, and she did not believe it appropriate to conduct a settlement negotia- tion in an open meeting. Councilmember Lemons asked if adoption of the Resolutions precluded settlement negotiations; Ms. Skousen stated absolutely not. MINUTES - MORRO BA1 CITY COUNCIL REGULAR MEETING - AUGUST 24, 1987 PAGE 14 Councilmember Lemons suggested amending Resolution No. 96-87, #2, to eliminate the word "the" in the second to the last line of that paragraph. Also, #5, the word "many" should be deleted and "and workshops" added after the words "public hearings" in the second sentence. MOTION: Councilmember Lemons moved for the adoption of Resolu- tions No. 96-87, Resolution Clarifying Meaning and In- tent of Interim Urgency Ordinances No. 301 and 304, as amended; and Resolution No. 97-87, Resolution Express- ing, Explaining and Annotating the Basis for Findings of Interim Urgency Ordinances No. 301 and 304. The mo- tion was seconded by Councilmember Sheetz and unani- mously carried. (4-0) D. NEW BUSINESS D-1 _REPORT ON 1987 HOUSEHOLD HAZARDOUS MATERIALS CLEAN-UP DAY AND SUGGESTIONS FOR ANNUAL PROGRAMMING AND FUNDING Chief Zerr reviewed the City's (and the County's) first Hazardous Materials Clean -Up Day, and reviewed suggestions for future pro- grams. He requested Council guidance on whether or not they fa- vored another Hazardous Materials Clean -Up Day in 1988; asked if Council preferred to restrict participation to homeowners, or would like to include commercial establishments; and, if Council preferred to fund the program out of the General Fund, or favored development of an ordinance to attach an additional fee to prop- erty owners monthly garbage bills? Councilmember Lemons suggested postponing a decision on this mat- ter because the County Solid Waste Committee is currently consid- ering a County -wide program. It may be the City can coordinate with the County's plan and thereby save funds. Mr. Napper con- curred with Councilmember Lemons, but suggested also referring it to the Refuse Board for their concurrent input while waiting for a definite program to be developed by the County. MOTION: Councilmember Lemons moved Council hold this item for 90 days, but refer it to the Refuse Board for their in- put during the interim. The motion was seconded by Councilmember Odell and unanimously carried. (4-0) D-2 HARBOR ADVISORY BOARD RECOMMENDATION ON PUBLIC BOAT LAUNCH- ING AND PARKING FEES (TIDELANDS PARK) Alan Davis stated Council had discussed the idea of charging for the use of the boat launch ramp and parking areas during budget workshops, then referred the matter to the Harbor Advisory Board. He stated the State grant which funded the majority of the boat launch ramp renovations from the Department of Boating and Water- ways prohibits charging fees for that facility. It is possible to charge fees for parking as long as the fee is imposed upon all users of the parking area. Mr. Davis reviewed annual costs to MINUTES - MORRO BAY "CITY COUNCIL REGULAR MEETING - AUGUST 24, 1987 PAGE 15 maintain the parking lot and restrooms, and stated the Harbor Ad- visory Board recommends against charging fees for either parking or boat launching at Tidelands Park. MOTION: Councilmember Lemons moved this item be tabled indefi- nitely. The motion was seconded by Councilmember Odell and unanimously carried. (4-0) Mr. Napper noted the action does not preclude re-examining the idea when funding for Tidelands Park materializes or during the Morro Rock specific plan. D-3 HARBOR ADVISORY BOARD —RECOMMENDATION FOR HARBOR PRECISE PLAN COMMENCEMENT -� Mr. Davis reviewed the Harbor Advisory Board's desire to initiate the Coleman Drive -Morro Rock Precise Development Plan. He noted $59,588 for development of this plan has been budgeted by Coun- cil. Mr. Davis stated he has discussed this matter with both the Community Development Director and the Recreation and Parks Di- rector who indicate they are unable to pursue this project due to current work loads. Mr. Napper indicated it would be advisable to adopt a Circulation Element before beginning on this program, since much of the material discusses the waterfront area. MOTION: Councilmember Lemons moved this item be deferred until 30 days after the adoption of the Circulation Element, and the Harbor Advisory Board be notified of the rea- sons for deferring this item. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0) iR 1987 HARBOR FESTIVAL PERMITS AND COMMITTEE RECOMMENDATION FOR USE OF ELECTRICAL IMPROVEMENT CAPITAL, r uiNli� Steve Wolter reviewed the progress thus far in planning for the 1987 Harbor Festival. The request before Council is approval of Resolution No. 104-87 authorizing permits for special use of the harbor, and closing the 1600 and 1700 block of Embarcadero Road on October 3rd. These street closures and permits are for the sprint triathlon and the long board paddle race. There is also a request for adoption of Resolution No. 105-87 authorizing closure of a portion of Front Street for the Harbor Festival itself. Ad- ditionally, the Harbor Festival Steering Committee is requesting Council authorize $1,000 for electrical supply materials out of the Morro Rock electrical improvement funds. Councilmember Lemons was concerned about the City's liability in conducting a triathlon in view of recent bicycle accidents in the County. Mr. Wolter reviewed the City's hold -harmless waiver all participants must sign, and measures the City is using to miti- gate any risks, including conducting the race in the morning, us- ing roads that have adequate bike lanes, and enlisting the coop- eration of the Police Department at Atascadero Road and San Jacinto. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 24, 1987 PAGE 16 Councilmember Lemons suggested private industry take over con- ducting the triathlon rather than exposing the City to the lia- bility. Mr. Wolter stated that could be looked into. Mr. Napper noted private sponsorship shifts liability, but does not reduce it. MOTION: Councilmember Lemons moved for adoption of Resolutions No. 104-87 and 105-87, and approval of allocating $1,000 from the Morro Rock electrical improvement ac- count to upgrade electrical service at the 1987 Harbor Festival site. The motion was seconded by Councilmem- ber Sheetz and unanimously carried. (4-0) Mayor Reddell noted a letter to Councilmember Sheetz from the Harbor Festival Steering Committee requesting information on past participants in the Harbor Festival so they may contact them to see if they are interested in participating this year. Coun- cilmember Sheetz has not responded to the Committee. Councilmem- ber Sheetz stated the letter is dated June 23rd, but she did not receive it until after July 17th She said she does not have the applications; the Finance Department has a record of those par- ticipating in past events. Mr. Wolter indicated the records are of monies received; some re- ceipts specify individuals and some state the money received from Councilmember Sheetz. Mayor Reddell asked Councilmember Sheetz if she had any records, and Councilmember Sheetz stated she doesn't have the applications, but she may have receipt books. Mayor Reddell stated he was informed she had destroyed the records; Councilmember Sheetz stated she does periodically throw away records, and noted Mayor Reddell had previously stated he did not want any input from her in this year's event. Mayor Reddell stated the Harbor Festival Committee should get the help it needs; he believed their hands were being tied in con- ducting a successful event without the records. Councilmember Lemons suggested the matter be agendized for the next meeting. Mr. Napper stated would help to have additional information from the Committee regarding specific records they are looking for. D-5 DESIGNATION OF _VOTING DELEGATE AND ALTERNATE TO LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE - Mr. Napper explained each year Council is requested to designate a voting delegate and alternate to vote on issues impacting local government at the League of California Cities Annual Convention in October. He noted Mayor Reddell, Councilmember Lemons and Councilmember Sheetz will be attending this year. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 24, 1987 PAGE 17 MOTION: Councilmember Lemons moved Mayor Reddell be selected as the voting delegate. The motion was seconded by Coun- cilmember Sheetz and unanimously carried. (4-0) MOTION: Mayor Reddell moved Councilmember Lemons be selected as the voting alternate. The motion was seconded by Coun- cilmember Odell and unanimously carried. (4-0) E. CLOSED SESSION Ms. Skousen stated Council could postpone discussionc item and discuss Session items except the Keyoto-Morro y, the others at the adjourned meeting scheduled for Wednesday, August 26th. Mayor Reddell announced Council is adjourning to Closed Session to discuss litigation in accordance with Government Code Section 54956.9(a), Keyoto-Morro Bay, Inc and Natalie -Morro Bay, - Inc-. vs City of Morro Bay. MOTION: Councilmember Odell moved the meeting adjourn to Closed Session. The motion was seconded by Councilmember Lemons and unanimously carried. (4-0) The meeting adjourned to Closed Session at 11:24 p.m. and re- turned to regular session at 11:59 p.m. MOTION: Councilmember Sheetz moved the meeting adjourn to Wednesday, August 26, 1987 at 7:00 p.m. in the Veterans Memorial Hall. The motion was seconded by Councilmem- ber Lemons and unanimously carried. (4-0). The meeting adjourned at 11:59 p.m. Recorded by: 4e zz �1 6 -0, e� ARDITH DAVIS City Clerk