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HomeMy WebLinkAboutCC_1984-04-09 Regular Meeting MinutesAPRIL 9, 1984 RECREATION HALL - 7:30 P.M. ROLL CALL PLEDGE OF ALLEGIANCE - Horace Strong INVOCATION - Rev. Tom Dillard, Estero Bay United Methodist A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 PUBLIC USE HEARING,GENERAL REVENUE SHARING, FISCAL YEAR 1984-85 A-2 PUBLIC HEARING FOR PROPERTY OWNERS WHO ARE LIABLE FOR ASSESSMENT FOR CONSTRUCTION OF CURB AND GUTTER AT ASSESSOR'S PARCEL NO. 68-211-05 A-3 CONSIDERATION OF CASE NO. CUP 04-84; THEODORE BROWN, APPLICANT. REQUEST FOR CONDITIONAL USE PERMIT (CONCEPT PLAN) FOR REMODEL AND EXPANSION OF COMMERCIAL BUILDINGS AT 901 AND 915 EMBARCADERO A-4 REPORT FROM PUBLIC WORKS DIRECTOR REGARDING SHALLOW -DRAFT BOAT B. UNFINISHED BUSINESS B-1 WATER RATE HISTORY REPORT FROM FINANCE DIRECTOR B-2 RENEWAL OF SENIOR CITIZEN BUILDING AGREEMENT WITH MORRO BAY SENIORS C. NEW BUSINESS C-1 PRESENTATION OF 1984-85 PROPOSED CITY BUDGET C-2 TIME EXTENSION FOR TENTATIVE TRACT MAP NO. 1028 D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES FROM REGULAR MEETING OF MARCH 26, 1984 D-2 CITY OF MORRO BAY EXPENDITURE REPORT FOR MARCH, 1984 (PULLED) D-3 RESOLUTION COMMENDING PAUL BAXTER FOR HIS SERVICES TO THE CITY OF MORRO BAY AS CITY ADMINISTRATOR D-4 ADOPTION OF RESOLUTION SETTING DATE FOR PUBLIC HEARING IN REGARD TO FORMATION OF UNDERGROUND UTILITY DISTRICT D-5 PROCLAMATION OF APRIL 22-28 AS COMMUNITY CLEAN-UP WEEK AND AUTHORIZATION FOR CLEAN-UP ACTIVITIES AS RECOMMENDED BY REFUSE BOARD D-6 SUPPORT FOR AB 2641, CAPITAL PUBLIC IMPROVEMENTS ACT D-7 AUTHORIZATION TO HIRE CONTRACT PLANNER FOR TEMPORARY PART-TIME POSITION D-8 RESOLUTION APPROVING COASTAL CONSERVANCY GRANT FOR STREET -END PROJECT D-9 AMENDMENTS TO AGREEMENTS FOR STEP 1 ENGINEERING SERVICES D-10 PROCLAMATION OF VICTIM S RIGHTS WEEK, APRIL 15 THROUGH 21 D-11 AUTHORIZATION TO PURCHASE POLICE PATROL VEHICLE E. INDIVIDUAL DETERMINATION AND/OR ACTION MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 9, 1984 RECREAPION HALL - 7:30 P.M. Mayor. Shelton called the meeting to order at 7:35 p.m. ROLL CALL P RESENT: Eugene R. Shelton Rodger J. Anderson John Lemons Bruce Risley Bud Zeuschner S TAFF: Gary Napper Michael LeSage L ouise Burt N ick Nichols Mike Multari S teve Wolter P eggy Buchanan Mayor Councilmember Councilmember Councilmember. Councilmember Acting City Administrator City Attorney Finance Director Public Works Director Community Development Dir. Recreation Director Deputy City Clerk Mr. Horace Strong provided the Invocation and Pledge of Allegiance. A. PUBLIC HEARING, REPORTS AND APPEARANCES A-1 PUBLIC USE HEARING, GENERAL REVENUE SHARING, FISCAL YEAR 1984-85 Gary Napper stated that this was the first of two required Public Hearings for the City's use of Federal Revenue Sharing Funds, and stated that the City will have available, approximately $180,000 for the 1984-85 fiscal year. Mayor Shelton opened the public hearing for comments from the audience. Martha Lewis, representing the Morro Bay Women's Club stated that t he Club supported the Recreation Department's request for funds t o remodel the Morro Bay Veteran's Hall. Cindy Absee, representing Hospice, requested $300 for fiscal year 1984-85 and provided a review of Hospice services in Morro Bay. There were no additional comments or requests. MOTION: Councilmember. Lemons moved that the public hearing be closed. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) 1 MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 9, 1984 PAGE TWO Mr. Napper stated that staff would take the input from this public hearing and submit it to Council along with other staff suggestions for use of Revenue Sharing funds during the budget sessions. Mayor Shelton noted that a final public hearing will be held on April 23, 1984, although Council would be open to additional suggestions from the public at any time during the budget considerations. A-2 PUBLIC HEARING FOR PROPERTY OWNERS WHO ARE LIABLE FOR ASSESSMENT FOR CONSTRUCTION OF CURB AND GUTTER AT ASSESSOR'S PARCEL NO. 68-211-05 Mr. Napper stated that Council had formed an assessment district at 2840 Alder at their meeting in November of 1983, and construction of the improvements have now been completed by the Public Works Department. Mr. Napper noted that this construction now requires a lien to be placed against the property to recapture the installation costs of $1,200. This is a public hearing to allow protests to the placement of this lien by the property owners. Mayor Shelton opened the Public Hearing. Howard Gaines questioned whether the property owners had been properly notified. Mr. Nichols stated that the property owners had been notified by mail and by posting of the property. MOTION: Councilmember Risley moved that the Public Hearing be closed. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) MOTION: Councilmember Risley moved that the Resolution establishing a property lien on 2840 Alder Street for a five year period with interest at 6% for $1,200 be adopted as submitted. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) A-3 CONSIDERATION OF CASE N0. CUP 04-84; THEODORE BROWN, APPLICANT. REQUEST FOR A CONDITIONAL USE PERMIT (CONCEPT PLAN) FOR A REMODEL AND EXPANSION OF COMMERCIAL BUILDINGS 901 AND 915 EMBARCADERO 2 MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 9, 1984 P AGE THREE Mr. Multari reviewed the Planning Commission's approval of Case No. CUP 04-84, a request for a remodel and expansion of commercial buildings by Ted Brown. Mr. Multari described the concept plan and noted that the proposal would eliminate a portion of the existing restaurant space and provide for additional storage and commercial space in its place. Mr. Multari stated that both vertical and horizontal access have been provided for in the plans. Mr. Multari then reviewed the conditions of approval which include correction of code ✓ iolations and approval of lease assignment. Jack Wallace reviewed the history of the lease site and stated t hat there are several court cases involved as well as code ✓ iolations and other long-term problems with the current lessee. Mr. Wallace stated that these include maintenance violations, d elinquent rents and delinquent insurance. Mr. Wallace stated t hat a new City lease would be prepared as well as Consent to S ublease agreements. Mr. Ted Brown stated that in the development planning for this site, the various problems mentioned by staff had been addressed and it was his hope that the site would become a productive and successful business. Mayor Shelton opened the Public Hearing. There were no comments from the audience. MOTION: Councilmember Zeuschner moved that the Public Hearing be closed. The motion was seconded by Councilmember Lemons and carried unanimously (5-0) Councilmember Lemons questioned whether building could begin prior to the approval of the new City Lease. Mr. Wallace stated that no construction could commence prior to t he approval of the new lease, however he noted that code ✓ iolations could be corrected. Council discussed the repair and correction of code violations, as well as the immediacy of the dock repair. Mayor Shelton questioned whether the proposal had been reviewed by the Harbor Commission. Mr. Nichols noted that it was scheduled for their next agenda. 3 MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 9, 1984 PAGE FOUR Mr. Multari reviewed the proposed changes in use, including an increase in the retail designations, and noted that the commercial fishing use would still have the highest priority. Councilmember Risley questioned the City's approval of any future subleases. Mr. Wallace stated that the City would retain the right of approval of any sublease. MOTION: Councilmember Zeuschner moved that the Resolution and conditions of approval as amended (add to condition 14 that public access shall be precluded from the unsafe areas of the lease site until code violations are completed) be adopted. The motion was seconded by Councilmember Lemons and carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Zeuschner, Lemons, Risley, Shelton None None Anderson A-4 REPORT FROM PUBLIC WORKS DIRECTOR REGARDING SHALLOW -DRAFT BOAT Mr. Nichols reviewed the staff report and informed Council that after additional review of the effects of the proposed shallow - draft boat, staff was now recommending that an inflatable type boat be used instead, due to the lack of stability of the shallow -draft type boat, as well as the noise problem. Mr. Nichols also noted that discussions regarding a proposed Joint Powers Agreement between the County and Morro Bay were continuing and that additional information would be brought back when available. Mayor Shelton opened the hearing to the pubic. Jean Cartwright felt that the City would be increasing their liability by patrolling the back -bay. Nancy Bast questioned the need for a boat for the back -bay and felt that the access was too difficult and it would not be appropriate to have a boat in that area. Mr Nichols stated city staff had just entered into negotiations with the county staff to discuss the need for a joint powers 4 MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 9, 1984 P AGE FIVE agreement and once this need is established, the information would be brought back to Council. N ancy Bast felt that before Council considers the purchase of a boat, a definite need should be established. Howard Gaines felt that this type of an agreement would mainly benefit the City and felt that the County should be making the proposal. Jean Cartwright felt that the State Park employees should be used for emergency services. Wanda Mason stated that she did not believe there was a sufficient need for this type of service. P atrick McGiney felt that another public hearing should be held when there was more information available. N elson Sullivan felt that the need should be detailed before Council discusses the JPA or purchase of a boat. MOTION: Councilmember Lemons moved that the Public Hearing be closed. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) Council discussed the available grant, the identifiable areas of need, and potential environmental problems. Councilmember Zeuschner suggested that the item be tabled until staff could supply additional information regarding the need for t his type of boat. Councilmember Lemons felt that Council should authorize staff to continue discussion and negotiations with the County. Mayor Shelton agreed and noted that staff should analyze the benefits to the City from such an agreement. MOTION: Councilmember Lemons moved that Council direct staff to continue the investigation into the need for a back -bay JPA, and bring a report back to Council regarding the benefit to the City from such an agreement. The motion was seconded by Councilmember. Zeuschner and carried unanimously. (5-0) B. UNFINISHED BUSINESS 5 MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 9, 1984 P AGE SIX B-1 WATER RATE HISTORY REPORT FROM FINANCE DIRECTOR Gary Napper stated that this was an informational item and that Council had requested a review of the water rate history regarding second meters on residential units, and also added that t he City had received a request from a local church to have a second water meter. also. Councilmember Risley felt that all residential units should be charged a sewer use fee regardless of whether it was a common meter or not. Councilmember Risley stated that condominiums should be charged a sewer use fee. MOTION: Councilmember. Risley moved that the applicable sewer use fees be charged to all residential meters. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) Councilmember Lemons felt that it would be more appropriate to consider this issue during budget sessions. Council discussed the other information presented in the report, and agreed that the second meters should not be allowed. Jim Rodgers felt that the Council should either allow all residential customers to have second meters or not allow any second meters at all. MOTION: Councilmember. Risley moved that Council deny the request of the Mormon Church for a second water meter. The motion was seconded by Mayor Shelton and carried by t he following roll call vote: AYES: Risley, Shelton, Anderson, Zeuschner N OES: Lemons ABSENT: None B-2 RENEWAL OF SENIOR CITIZEN BUILDING AGREEMENT WITH MORRO BAY SENIORS Mr. Napper stated that this item had been brought back before Council for direction regarding the issue of liability insurance coverage. Mr. Napper noted that in the past the City's liability coverage had been extended to cover the Senior Citizens, however t he matter was before Council for policy direction. 6 MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 9, 1984 P AGE SEVEN Jim Rodgers stated that the Seniors were dependent upon the City extending coverage for the Center. Mr. LeSage noted that the JPA includes a suggestion that when leases are entered (or use permits) the lessee should provide liability coverage. Mr. LeSage explained that this is to protect t he City, as the City is self -insured. Councilmember Lemons suggested that the Seniors provide their own insurance and if funds are not available to pay the premium, that the City provide the funds. Mr. LeSage stated that in that case, the City might just as well let the existing policy continue coverage. MOTION: Councilmember Lemons moved that the Council authorize the City to extend liability coverage to the Senior Citizens, and approve the agreement with this stipulation. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) C. NEW BUSINESS C-1 PRESENTATION OF 1984-85 PROPOSED CITY BUDGET Mr. Napper presented the proposed 1984-85 City budget for Council consideration and reviewed the budget message. Mr. Napper noted that the first budget session would be held on April 18, 1984, at 8.30 a.m., and recommended that further action be held until that time. Council received the proposed budget and postponed further, action t o April 18th at 8:30 a.m. C-2 TIME EXTENSION FOR TENTATIVE TRACT MAP NO. 1028 Mr. Multari stated that a request for a 1 year time extension for Tentative Tract Map No. 1028 had been received and although the request had been timely, there was not sufficient time to allow for Planning Commission review prior to the expiration date of the Tentative Tract Map. Mr. Multari recommended that Council g rant an extension of the Tentative Tract Map to April 23rd, to allow for Planning Commission review and recommendation. 7 MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 9, 1984 PAGE EIGHT MOTION: Councilmember Risley moved that the Council adopt the Resolution as submitted, approving an extension of Tentative Tract Map. No. 1028 until April 23, 1984. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) AYES: Risley, Zeuschner, Anderson, Lemons, Shelton NOES: None ABSENT: None D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES FROM MARCH 26 REGULAR MEETING Mr. Napper recommended that the Council minutes from the regular meeting of March 26th be approved as submitted. D-2 CITY OF MORRO BAY EXPENDITURE REPORT FOR MARCH 1984 Mr. Napper recommended that this item be continued to the meeting of April 23, 1984. D-3 RESOLUTION COMMENDING PAUL BAXTER FOR HIS SERVICES TO THE CITY OF MORRO BAY AS CITY ADMINISTRATOR Mr. Napper recommended that Council adopt the Resolution and authorize the Mayor to sign on behalf of the City. D-4 ADOPTION OF RESOLUTION SETTING DATE FOR PUBLIC HEARING IN REGARD TO FORMATION OF UNDERGROUND UTILITY DISTRICT Mr. Napper recommended that Council adopt the Resolution setting May 14, 1984, as the public hearing date to form the underground utility district, and authorize the City Clerk to notify affected persons by mail. D-5 PROCLAMATION OF APRIL 22-28 AS COMMUNITY CLEAN-UP WEEK AND AUTHORIZATION FOR CLEAN-UP ACTIVITIES AS RECOMMENDED BY THE REFUSE FRANCHISE BOARD Mr. Napper recommended that Council adopt the Resolution and 3 Refuse Board activities declaring Community Clean-up Week in Morro Bay. D-6 SUPPORT FOR AB 2641, CAPITAL PUBLIC IMPROVEMENTS ACT 8 MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 9, 1984 P AGE NINE Mr. Napper recommended that Council support the passage of AB 2641 and direct staff to notify our legislators accordingly. D-7 AUTHORIZATION TO HIRE CONTRACT PLANNER FOR TEMPORARY PART- TIME POSITION Mr. Napper recommended that Council authorize the engagement of a contract part-time planner in the Community Development Department until the position is permanently filled. D-8 RESOLUTION APPROVING COASTAL CONSERVANCY GRANT FOR STREET - END PROJECTS Mr. Napper recommended that Council adopt the Resolution approving the Coastal Conservancy Grant and authorize the City Administrator to sign on behalf of the City. D-9 AMENDMENTS TO AGREEMENTS FOR STEP 1 ENGINEERING SERVICES Mr. Napper recommended that Council approve the amendments as submitted and executed by Carollo Engineers, and authorize staff t o sign and submit the documents for grant reimbursable consideration. D-10 PROCLAMATION OF VICTIM'S RIGHTS WEEK, APRIL 15-21, 1984, AND APRIL, 1984 AS CHILD ABUSE PREVENTION MONTH Mr. Napper recommended that Council proclaim the above dates as ✓ ictim s Rights Week and Child Abuse Prevention month. 11 AUTHORIZATION TO PURCHASE POLICE PATROL VEHICLE Mr. Napper recommended that Council authorize the order of a police vehicle and expenditure of $11,000 of funds in FY 84-85. Council requested that items D-4, D-6 and D-8 be pulled. MOTION: Councilmember Zeuschner moved that the Consent Calendar be approved except items D-4, D-6 and D-8. The motion was seconded by Councilmember Lemons and carried by the following roll call vote: AYES: Zeuschner, Lemons, Anderson, Risley, Shelton NOES: None ABSENT: None 9 MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 9, 1984 PAGE TEN D-4 Resolution setting Public Hearing date for Underground Utility District Councilmember Lemons requested clarification regarding the location of the district and the legal description. Mr. Nichols stated that the District extended from Beach Street to the Rock along the north end of the Embarcadero. D-6 Support for AB2641, Capital Public Improvements Act Councilmember Risley felt that before Council acted on this matter, there should be a public hearing allowed. Howard Gaines felt that this was a matter that should have public input. Council concurred with the proposed Public Hearing, and stated that it would be scheduled for the next meeting. D-8 Resolution approving Coastal Conservancy Grant for street - end projects Councilmember. Lemons questioned the time frame for construction of this project. Mr. Nichols stated that they were looking at a completion date of S eptember 30th, and would try to minimize the impact on the t ourism. Council discussed the possibility of a time extension from the State to allow for construction in the fall rather than summer. months. Mayor Shelton directed staff to investigate the possibility of t his extension. MOTION: Councilmember Risley moved that items D-4, and D-8 be approved as submitted and that item D-6 be scheduled for a public hearing on April 23. The motion was seconded by Councilmember Zeuschner and carried by the following roll call vote: AYES: Risley, Zeuschner, Anderson, Lemons, Shelton NOES: None ABSENT: None 10 MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 9, 1984 PAGE ELEVEN E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL Councilmember. Lemons stated that the White Caps Band would be attending the Hwy. 1 reopening ceremonies, and requested that the City allocate $500 from the local promotional funds for use by the White Caps for expenses. MOTION: Councilmember Lemons moved that $500 be allocated from the local Community Promotions Fund for use by the White Caps Band for expenses related to the Hwy. 1 reopening ceremonies, upon submittal of appropriate documentation. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) MOTION: Councilmember Lemons moved that Council authorize staff �% to prepare a Request for Proposals for the preparation of an Environmental Impact Report for the Water Management Plan. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) Council discussed the need for a water manager, and the O. possibility of employment of consultants or contract employee. MOTION: Councilmember Lemons moved that Council direct staff to prepare a report analyzing the needs, services and qualifications for a water manager and report back to Council. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) Councilmember Lemons noted that he had received complaints regarding the dust and dirt being created by the construction on the Stocking property. Mr. Nichols stated tha he would look into the problem. Mayor Shelton noted that the hearing regarding the Dorn property and the public improvement agreement would be held over to May 14th to allow for additional public comment. E-2 CITY ADMINISTRATOR Mr. Napper stated that the meeting should be adjourned to the joint meeting with the Cayucos Sanitary District on April 16th at 7:30 p.m. 11 MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 9, 1984 PAGE TWELVE MOTION: Councilmember Zeuschner moved that the meeting be adjourned to April 16, 1984, at 7:30 p.m. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) RESPQCTFULLY SUBMITTED, PEGGY/B'i r.ANAN DEPUTY CITY CLERK 12