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HomeMy WebLinkAboutCC_1984-11-26 Regular Meeting MinutesREGULAR MEETING - NOVEMBER 26, 1984 RECREATION HALL - 7:30 P.M. GE ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION - REVEREND WOODY SHOEMAKER, CAYUCOS CHRISTIAN FELLOWSHIP * THE COUNTY OF SAN LUIS OBISPO WILL PROBABLY CERTIFY THE ELECTION RESULTS ON NOVEMBER 27, 1984, CONSEQUENTLY, SEATING OF THE NEW CITY COUNCIL AT THIS MEETING CANNOT TAKE PLACE. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PUBLIC HEARING ON CONDITIONAL USE PERMIT (CONCEPT PLAN) FOR A SMALL FISH MARKET, STORAGE FACILITY AND DOCK FOR OFF-LOADING FISHING BOATS; 875 EMBARCADERO; CASE NO CUP 34-84; MICHAEL.DE GARIMORE, APPLICANT A-2 PUBLIC HEARING ON WATER EQUIVALENCY PROGRAM FOR 1985 AND BUILDING LIMITATION ORDINANCE AMENDMENT; ORDINANCE NO 265 AMENDING CHAPTER 13.20 OF THE MORRO BAY MUNICIPAL CODE, BUILDING LIMITATION ORDINANCE AND ADMINISTRATIVE OPERATING PROCEDURES A-3 CONTINUED APPEAL OF PLANNING COMMISSION DENIAL OF VARIANCE FROM HEIGHT LIMIT FOR A WINDMILL FOR PROPERTY LOCATED AT 225 MAIN ST., CASE NO VAR 12-84 (GLADYS WALTON) B. UNFINISHED BUSINESS B-1 REPORT ON CITY -OPERATED RV OVERFLOW PROGRAM B-2 1984 HARBOR FESTIVAL REPORT C. NEW BUSINESS C-1 CONSIDERATION OF CITY LEASE REPLACING SUBLEASE UPON DIVISION OF LEASE SITE 78 THROUGH 81W (ZEKE'S RESTAURANT) C-2 REGULATIONS FOR DOCKS AT EMBARCADERO STREET -ENDS C-3 ENGINEERING DEPARTMENT REORGANIZATION C-4 CONSIDERATION OF ONE -WEEK DONATION OF FOOD CANS IN LIEU OF FARES (DIAL -A -RIDE) C-5 CONSIDERATION OF PARTICIPATION IN A QUALITY ASSURANCE HEARING ON DIABLO CANYON NUCLEAR POWER PLANT C. EXPENDITURE OF INCREASED MOTOR VEHICLE IN LIEU FUNDS D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF NOVEMBER 13, 1984 D-2 AUTHORIZATION TO ADVERTISE VARIOUS COMMISSION/BOARD VACANCIES MORRO BAY CITY COUNCIL AGENDA MEETING OF NOVEMBER 26,,1984 PAGE TWO D. D-3 D-4 D-5 D-6 D-7 D-8 D-9 D-10 CONSENT CALENDAR (cont.) CHAMBER OF COMMERCE MONTHLY REPORT - OCTOBER 1984 EXPENDITURE REPORT - OCTOBER 1984 MONTHLY STATEMENT OF INVESTMENTS BID NO. PW 84-303 — TRANSIT VEHICLE RESOLUTION NO. 131-84 COMMENDING GEORGE RUBALOFF FOR HIS SERVICES UPON LEAVE OF CITY EMPLOYMENT PROCLAMATION DECLARING DECEMBER 3-10, 1984 AS STOP TORTURE WEEK WORKERS COMPENSATION SETTLEMENT AUTHORIZATION - DAVID A. PETERSON COMMUNITY PROMOTION BROCHURE DISTRIBUTION PROGRAM EXPENDITURE E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 E-2 E-3 CITY COUNCIL CITY ADMINISTRATOR CITY ATTORNEY F. ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 26, 1984 RECREATION HALL - 7:30 P.M. Mayor Shelton called the meeting to order. at 7:30 p.m. ROLL CALL P RESENT: ABSENT: S TAFF: Eugene R. Shelton Rodger Anderson John Lemons Bruce Risley Bud Zeuschner N one Gary Napper Michael LeSage Louis Burt Forrest Henderson Michael Multari N ick Nichols S teve Wolter. Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Finance Director Asst. to the City Admin. Comm. Development Dir. Public Works Director. Recreation Director Deputy City Clerk The Pledge of Allegiance was led by Horace Strong; Reverend Woody Shoemaker from the Cayucos Christian Fellowship gave the invocation. Mayor Shelton announced that the seating of the new Council members would not take place this evening as the Board of S upervisors had not certified the election results. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PUBLIC HEARING ON CONDITIONAL USE PERMIT (CONCEPT PLAN) FOR A SMALL FISH MARKET, STORAGE FACILITY AND DOCK FOR OFF-LOAD- ING FISHING BOATS; 870 EMBARCADERO; CASE NO. CUP 34-84; MICHAEL DE GARIMORE, APPLICANT Mike Multari gave the staff report on this item explaining that t he application was for a Conditional Use Permit for a small fish market, storage facility and dock. He recommended that Council approve Resolution No. 130-84 which includes conditions suggested by both the Planning and Harbor. Commissions. Mayor Shelton opened the matter to the public for comments; there were no comments. MOTION: Councilmember Lemons moved that the hearing be closed. The motion was seconded by Councilmember Zeuschner and unanimously carried, (5-0) 1 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 26, 1984 PAGE TWO There were questions from Council regarding the water equivalen- cies for this project. Mr. Multari stated that even if the use changed or the project is relocated, the water equivalencies run with the property, not the project. Mr. DeGarimore stated that his project was basically an unloading facility and small sea food sales operation, and he can live with the conditions being placed on the project. MOTION: Councilmember. Zeuschner moved for the adoption of Reso- lution No. 130-84. The motion was seconded by Council - member. Risley and unanimously carried by roll call vote. (5-01) A-2 PUBLIC HEARING ON WATER EQUIVALENCY PROGRAM FOR 1985 AND BUILDING LIMITATION ORDINANCE AMENDMENT; ORDINANCE NO.265 AMENDING CHAPTER13.20 OF THE MORRO BAY MUNICIPAL CODE, BUILDING LIMITATION ORDINANCE AND ADMINISTRATIVE OPERATING PROCEDURES Mr. Multari explained that included in this item is the review of the 1984 Water Equivalency Program along with the 1985 program, the update of the building limitation ordinance, administrative and operating procedures and fee resolution. He reviewed all items for Council. He said that the City has 97 equivalencies available for 1985 and that he planned to have an analysis of MeasureF at the next Council_ meeting; however, he did not anticipate any major change in the allocation system as a result o f the Measure. Mayor Shelton opended the matter for public hearing. Peter. Diffley asked if the City has been able to estimate how much water has been saved since 1982. Mr. Multari explained the complexities of being able to accurately estimate this. Mr. Diffley pointed out that the City still has a partial moratorium and the Coastal Commission will be wanting to know if the program is working. He felt that the Council should consider the impacts o f Measure F along with the Building Limitation Ordinance; also there should be more publicity about it so that the people know w hat's going on. The concept of offsite water retrofitting is n ew and needs more public reveiw. MOTION: Councilmember. Zeuschner moved that the public hearing be closed. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) Councilmember. Risley asked if the Piney Way Village development w ould have their equivalencies cancelled if they sold the o peration. Mr. Multari said yes. There was discussion regarding 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 26, 1984 P AGE THREE the meaning of infill and Mr. Lemons did not see why water e quivalency transfer cannot take place if all permits and re- q uirements are met. Mayor Shelton stated that when the program was originally developed, there was a concern that there might be speculation on water. equivalencies. Councilmember Zeuschner, commended staff on this report and stated t hat it should be difficult to transfer water equivalencies, but n ot impossible. He suggested another week or two with minor changes before Council considers the ordinance for first reading. MOTION: Councilmember Zeuschner moved that Resolution No. 129- 84 adopting a water equivalency program for 1985 be ap- proved. The motion was seconded by Councilmember Risley and unanimously carried by roll_ call vote. (5-0) Councilmember. Risley felt that the program was clearly putting t he City on the path of developing on an infill basis. He felt the big problem would be whether or not the City would be able to secure enough water to carry out the water management plan to the year 2000. MOTION: Councilmember. Zeuschner moved for the adoption of Reso- lution No. 128-84 setting water and sewer availability rates. The motion was seconded by Councilmember Risley and unanimously carried by roll call vote. (5-0) MOTION: Councilmember Zeuschner moved that Council continue the public hearing on the building limitation ordinance to the December 10th meeting. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) There was a brief recess from 8:45 p.rn. to 8:53 p.m. A-3 CONTINUED APPEAL OF PLANNING COMISSION DENIAL OF VARIANCE FROM HEIGHT LIMIT FOR A WINDMILL FOR PROPERTY LOCATED AT 225 MAIN ST., CASE NO. VAR 12-84 (GLADYS WALTON) Councilmember Lemons asked to be excused from this item because o f a conflict of interest. Mr. Multari reviewed this item for Council stating that the applicant was contending that a deed restriction for a parking lot voids the zoning; however, staff does not feel that the deed ✓ estriction alters the zoning. If Mrs. Walton opts to accept Alternative D in the staff report, she does not need a variance, but staff was recommending that any appendage to the light -house be non-moving. Mayor. Shelton opened the matter to public hearing. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 26, 1984 PAGE FOUR Mrs. Walton reviewed the history of her structure and stated that she had decided to drop the appeal and accept Alternate D in the staff report. Margaret Haislip, Mrs. Neal, Dorothy Cutter and Mr. Lavel spoke against Mrs. Walton's variance. Deborah Young spoke in favor of it. MOTION: Councilmember Zeuschner moved that the public hearing be closed. The motion was seconded by Councilmember Risley and carried with Councilmember. Lemons abstaining. (4-0-1) Councilmember Anderson requested that Council consider denying the appeal and Alternate D on the basis that the windmill is not a functional architectual feature under the definition, which is "awnings, eaves and porches.' Councilmember Zeuschner felt that the Council should enforce the letter of the law as it reads and as Council understands it; under the law, the windmill would be allowed as long as it does not exceed the height limitation. Judgment on aesthetics is not the issue here. Councilmember Risley also felt that it should not be approved if it exceeded the height limit; however, he agreed with the staff that it was an architectual feature. MOTION: Councilmember Zeuschner moved that the variance appeal be denied. The motion was seconded by Councilmember Risley and carried with Councilmember Lemons abstaining. (4-0-1) Mayor. Shelton noted that Mrs. Walton has done a lot for the community and he appreciates her civic contributions. MOTION: Councilmember Anderson moved that Council make a finding that the windmill is not an architectual fea- ture. The motion died for lack of a second. MOTION: Mayor Shelton moved that Mrs. Walton be allowed to con- struct the windmill as outlined in Alternate D as long as the building plans are amended so that the windmill cannot turn. The motion was seconded by Councilmember Risley and carried on the following roll call vote: AYES: Risley, Zeuschner, Shelton NOES: Anderson ABSTAIN: Lemons 4 MINUTES - MORRO BAY CIPY COUNCIL REGULAR MEETING - NOVEMBER 26, 1984 P AGE FIVE B. UNFINISHED BUSINESS B-1 REPORT ON CITY -OPERATED RV OVERFLOW PROGRAM Mr. Napper reviewed this program detailing its success and the associated problems. He noted that the Harbor Commission dis- liked the site because the fishermen traditionally use this area t o repair their fishing nets. Also, the RV park operators dis- liked the competition. Mr. Napper recommended that the revenue generated by this activity be earmarked for parking improvements o n the Embarcadero. Mayor Shelton asked if there were any comments from the public. S teve MacElvaine, owner of the Rancho Colina Mobile Home Com- munity on Atascadero Road, stated that some of the RV park owners in Morro Bay had requested that he speak on their behalf. He cited several problems with the program chief among which was the failure of communication between the City and the park owners as t o when the parks were full, thereby allowing the City to accept o verflow units. Several park owners had lost money because the City had accepted "overflow" units before their parks were full. Comments were also heard from Mr. Hemp and Jack Curry, RV park o perators, not in favor of a City -operated overflow program. Mr. Curry stated that he is in the process of applying for a permit to operate an overflow area in his park. Mr. Napper stated that Frank Smith will be installing a seasonal RV park area on his property on Main Street which will also help the situation and perhaps eliminate the need for the City to operate an overflow area. MOTION: Councilmember Zeuschner moved that Council accept the City Adminstrator's recommendation to place the revenue in an improvement fund for the Embarcadero area and hold off plans on City overflow until March to deter- mine the extent of private operators' overflow facili- ties. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) There was discussion as to whether or not the Front Street area u sed for the overflow parking was Tidelands property. Staff was directed to research the matter.. Councilmember Risley suggested t hat staff look into placing the overflow area near Morro Rock if it becomes necessary to implement the program again. B-2 1984 HARBOR FESTIVAL REPORT Mr. Wolter reviewed the report and the success of the Harbor. Festival. He made some suggestions with regard to the amount of City involvement in the activity and the need for more volunteers 5 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 26, 1984 PAGE SIX in the future. Bob Burke, who chaired the activity, stated that the event needed more organizations involved with planning and implementation. Rose Marie Sheetz advised Council that the Chamber of Commerce did not make any money on the Festival, and clarified some of the financial figures included in the report. MOTION: Councilmember Zeuschner moved that Council accept the report with thanks and commendations to all. The motion was seconded by Councilmember Risley and unani- mously carried by rollcall vote. (5-0) C. NEW BUSINESS C-1 CONSIDERATION OF CITY LEASE REPLACING SUBLEASE UPON DIVISION OF LEASE SITE 78 THROUGH 81W (ZEKE'S RESTAURANT) Mr. Napper stated that Mr. Myers wished to divide his lease to separate the fishing uses from the tourism uses. He would like to transfer the fishing portion of the lease site to Martin Tomich who is currently subleasing from him. The Harbor Commis- sion has reviewed this matter and recommended approval. MOTION: Councilmember Zeuschner moved that Council authorize the separation of Lease Site 78-79W (Myers) and 80-81W (Tomich), and approve a direct City lease agreement with the current sublessee (Tomich) for Lease Site 80- 81W, with conditions as listed.The motion was seconded by Councilmember. Lemons and unanimously carried by roll call vote. (5-0) C-2 REGULATIONS FOR DOCKS AT EMBARCADERO STREET -ENDS Mr. Nichols reviewed his staff report which recommends that Council adopt a resolution establishing special_ regulations for the prohibition of fishing and the use of the floating docks at the ends of Harbor Street, Morro Bay Boulevard, and Anchor Street. The Harbor Commission has reviewed and recommends ap- proval of the regulations. Councilmember Lemons asked if the City wasn't required to allow fishing from all piers in accordance with the Tidelands Act and State Law. Mr. LeSage stated that he would have to reseach the matter and report back to Council. MOTION: Mayor Shelton moved that the City be given the oppor- tunity to research this and return the matter at the next meeting. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) 6 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 26, 1984 P AGE SEVEN C-3 ENGINEERING DEPARTMENT REORGANIZATION Mr. Napper stated that staff had recently re-examined the organization of the Engineering Division because of the changes in personnel and determined that the Department's needs would be better served by deleting the Civil Engineering Assistant position and adding a second Engineering Technician position at a lower compensation level. Councilmember. Lemons was concerned that the reorganization would not provide an upward opportunity for anyone in the department to qualify should there be a vacancy. There was discussion on this matter with Mayor Shelton pointing out that the current Associate Civil Engineer has risen through the Engineering De- partment from an entry level. MOTION: Councilmember Zeuschner moved that Council approve the personnel reorganization of the Engineering Division. The motion was seconded by Councilmember Risley and unanimously carried by roll call vote. (5-0) C-4 CONSIDERATION OF ONE -WEEK DONATION OF FOOD CANS IN LIEU OF FARES (DIAL -A -RIDE) Mr. Napper stated that City is being requested to participate in t his holiday promotional with the North Coastal Transit and the S an Luis Obispo Regional Ridesharing staff. During the week of December 17th through December 21st, Dial -A -Ride will accept canned goods in lieu of fares. The Salvation Army will then d istribute the goods to needy families in Morro Bay. MOTION: Councilmember. Risley moved that Council authorize par- ticipation in this one week program. The motion was seconded by Councilmember. Anderson and unanimously carried by roll call vote. (5-0) C-5 CONSIDERATION OF PARTICIPATION IN A QUALITY ASSURANCE HEAR- ING ON DIABLO CANYON NUCLEAR POWER PLANT Mr. Napper explained that Councilmember Zeuschner had requested that this matter be ageridized and P.G.&E. had called and re- q uested that they be allowed to comment. Councilmember Zeuschner stated that this had been brought up at the County -wide Mayor's meeting and the request was from Con- sumers Organized iri Defense of Environmental Safety (C.O.D.E.S.) and Concerned Cal. Poly Faculty arid Staff (C.C.F.S.F.) that cities sponsor local hearings on Diablo Canyon. 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 26, 1984 PAGE EIGHT Tim O'Neil, a representative of C.O.D.E.S., stated that his organization would like to see an independent group review the q uality assurance problems at Diablo Canyon. Mr. Richmond, P.G.&E., said that P.G.&E. has satified all regula- t ions and gone a step beyond; he saw no need for further hearings. It was noted that the hearings would not result in any status in law. Councilmember Lemons felt they would be a waste of time. Councilmember Anderson felt that the City should continue with their past policy of acting as individuals with regard to Diablo and not as a Council as a whole. Councilmember Risley felt that the City could not ignore something as life threatening as Diablo; he was in favor of the h earings being held locally. MOTION: Councilmember Lemons moved that trie City not co-sponsor the hearings. The motion was seconded by Councilmember Anderson aria failed with Councilmember Risley, Zeuschner and Mayor Shelton voting no. (2-3) MOTION: Councilmember. Zeuschner moved that Council support any future hearings on Diablo Canyon being held locally and encourage all parties to participate. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) C-6 EXPENDITURE OF INCREASED MOTOR VEHICLE IN LIEU FUNDS Mr. Napper reviewed the priority list established for $141,058 funding provided by motor vehicle in -lieu funds. Councilmember Risley suggested that staff check with the American Legion regarding the expenditure for the Vets Hall as he understood they would be spending some money there. MOTION: Councilmember Zeuschner moved that Council authorize the expenditure of FY 84-85 motor vehicle in -lieu funds ($141.058) as recommended. The motion was seconded by Councilmember. Risley and unanimously carried by roll call vote. (5-0) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF NOVEMBER 13, 1984 Mr. Napper recommended that Council approve the minutes as 8 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 26, 1984 PAGE NINE submitted. D-2 AUTHORIZATION TO ADVERTISE VARIOUS COMMISSION/BOARD VACANCIES Mr. Napper recommended that Councilauthorize staff to advertise the 10 appointments to the various boards. Councilmember Risley suggested that the ad not specify 10 vacancies as he knew of some resignations that woul;l be received shortly. D-3 CHAMBER OF COMMERCE MONTHLY REPORT - OCTOBER 1984 Mr. Napper recommended that Council accept and receive the report for file. D-4 EXPENDITURE REPORT - OCTOBER 1984 Mr. Napper recommended that Council approve the expenditure re- port as submitted. D-5 MONTHLY STATEMENT OF INVESTMENTS Mr. Napper recommended that Council receive the report for file. D-6 BID NO. PW 84-303 - TRANSIT VEHICLE Mr. Napper recommended that Council reject all bids and direct staff to refine specs and seek additional grant funds. D-7 RESOLUTION COMMENDING GEORGE RUBALOFF FOR HIS SERVICES UPON LEAVE OF CITY EMPLOYMENT Mr. Napper recommended that Council adopt Resolution No. 131-84. D-8 PROCLAMATION DECLARING DECEMBER 3-10, 1984 AS STOP TORTURE WEEK Mr. Napper recommended that Council request the Mayor to sign the proclamation. D-9 WORKERS COMPENSATION SETTLEMENT AUTHORIZATION - DAVID A PETERSON Mr. Napper recommended that Council authorize the workers' compensation settlement in the amount of $10,500 as recommended. D-10 COMMUNITY PROMOTION BROCHURE DISTRIBUTION PROGRAM EXPENDI- TURES Mr. Napper recommended that Council authorize the expenditure of 9 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEABER 26, 1984 PAGE TEN $11,686.52 plus shipping charges for the promotional activity. MOTION: Councilmember Zeuschner moved for the adoption of the Consent Calendar as recommended. The motion was seconded by Councilmember Lemons and unanimously carried by roll call vote. (5-0) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL A. Councilmember Lemons noted that the City received funds for vehicle registration through the County and there were several people in town who were driving around with out of state license plates. Staff was asked to forward this concern to our police patrol enforcement. B. Councilmember Anderson asked about the "for sale" sign on the Blue Heron restaurant. Mr. Napper stated that staff would check it out. C. Councilmember. Risley stated that the National Chess Magazine had accepted his article for publishing and the article should come out in 1985. E-2 CITY ADMINISTRATOR A. Mr. Napper stated that the County would certify the election results the following day, November 27th, and asked Council when they would like to seat the new Council. Council set Friday, November 30, 1984 at 7:00 p.m. in the Recreation Hall to seat the new Councilmembers. E-3 CITY ATTORNEY Mr. LeSage had nothing to report. F. ADJOURNMENT MOTION: Councilmember Zeuschner moved that the meeting adourn to Friday, November. 30th, at 7:00 p.m. in the Recrea- tion Hall. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) The meeting adjourned at 11:48 p.m. Recorded by: Gdth� Ardith Davis Deputy City Clerk 10