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HomeMy WebLinkAboutCC_1984-08-27 Regular Meeting MinutesMORRO BAY CYCUNCIT REGULAR MEETING - AUGUST 27, 1984 AGENDA RECREATION HALL - 7:30 P.M. ROLL CALL PLEDGE OF ALLEGIANCE. INVOCATION - REVEREND CHARLES ERICKSON, ST. PETERS EPISPOCAL CHURCH PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 CONSIDERATION OF REVISION TO WATER/SEWER AVAILABILITY REDUCTIONS FOR INSTALLATION OF NEW LINES A-2 FORMAL ADOPTION OF ZONING ORDINANCE TO COMPLETE LOCAL RESCINDING INTERIM URGENCY ZONING ORDINANCE UNFINISHED BUSINESS B-1 B-2 B-3 B-4 CHARGES TO GRANT FEE COASTAL PROGRAM AND "NO -PARKING" ZONE - QUINTANA ROAD AT KINGS AVENUE STATUS REPORT - MOBILEHOME PARK RENT CONTROL ORDINANCE NO. 263 AMENDING THE "ZONING MAP OF THE CITY OF MORRO BAY" - SECOND READING STATUS REPORT - MORRO BAY GOLF COURSE NEW BUSINESS C-1 HARBOR COMMISSION VACANCIES C-2 RESOLUTION SUPPORTING LOCAL FISHING INDUSTRY CONSENT CALENDAR D-1 D-2 D-3 D-4 D-5 D-6 D-7 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF AUGUST PROCLAMATION DECLARING THE MONTH OF SEPTEMBER 1984 AS OBSERVANCE MONTH 13, 1984 U.S. CONSTITUTION UNAUDITED FINANCIAL STATEMENTS - FY 83-84 (PULLED) REAPPROPRIATION OF ENCUMBRANCES AT JUNE 30, 1984 FOR THE FY 84-85 EXPENDITURE REPORT - JULY 1984 CHAMBER OF COMMERCE MONTHLY REPORT - JULY 1984 RIGHT-OF-WAY ABANDONMENT - SHASTA AVENUE MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 27, 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: The Pledge of Whaley of the Eugene R. Shelton Rodger J. Anderson John Lemons Bruce Risley Bud Zeuschner None Gary Napper Michael LeSage Louise Burt Forrest Henderson Michael Multari Nick Nichols Ardith Davis Allegiance was led by Calvery Baptist Church A. PUBLIC HEARINGS, REPORTS Mayor Councilmember. Councilmember Councilmember Councilmember City Administrator City Attorney Finance Director Asst. to the City Admin. Comm. Dev. Dir. Public Works Director. Deputy City Clerk Ray Kaltenbach; Reverend Bob led the invocation. AND APPEARANCES A-1 CONSIDERATION OF REVISION TO WATER/SEWER AVAILABILITY CHARGES TO GRANT FEE REDUCTIONS FOR INSTALLATION OF NEW LINES Mike Multari reviewed this matter stating that Council had directed staff to examine the possibility of reducing the water and sewer availability project charges where developers are required to replace or upgrade public water or sewer. facilities. He reviewed his report to Council which included various items Council should consider in making a determination. He suggested that if Council was in favor granting relief to the developer, they allow availability charges to be reduced in accordance with the costs of replacing or upgrading existing public water or sewer facilities. The costs would be estimated by the developer's engineer and subject to approval by the City Engineer. A Resolution along these lines was included for Council consideration. Mayor Shelton opened the matter to the public for their comments. N o comments were forthcoming. Councilmember Zeuschner was concerned that the water equivalency charges funded other things besides water hookups; such as admin- istrative costs, etc. Perhaps the relief should be reduced by the percentage of the amount used for these other, items. 1 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 27, 1984 PAGE TWO Councilmember. Risley stated it was unclear as to what benefit this proposal would be to the City; it will reduce revenue to the City. Councilmember. Lemons stated that this matter only becomes an issue when the cost of upgrading the water mains is more than the amount of the water equivalency fee. There was discussion regarding going to bid for the cost of u pgrading the water mains rather than accepting the developer's e stimate. Council was generally in favor of this concept as well as crediting the water/sewer availability charges up to 90%. MOTION: Councilmember Zeuschner moved that this matter be referred to staff to make a revision to the Resolution in the fifth paragraph to include a 90% level of credit and an open bidding process whereby the City would review bids and use the low bid for guidance; also that there be legal review of this process. The The motion was seconded by Councilmember Lemons. Councilmember Risley reiterated his objection to the process because it does not benefit the City and cuts City income. Mayor Shelton stated that the matter will be brought back for a public hearing; Council agreed that it should be scheduled for the second meeting in October. It was noted that a one year sunset clause should also be included in the Resolution. The motion carried on the following roll call vote: AYES: NOES: Anderson, Lemons, Zeuschner, Shelton Risley A-2 FORMAL ADOPTION OF ZONING ORDINANCE TO COMPLETE LOCAL COASTAL PROGRAM AND RESCINDING INTERIM URGENCY ZONING ORDINANCE Mr. Multari stated that this matter was before Council to hold a public hearing on formal adoption of the revised zoning o rdinance, map and text. Adoption of the Ordinance will implement the City's LUP and complete the LCP. At the same time it will rescind the interim urgency zoning ordinance restoring conventional zoning. The Planning Commission unanimously ✓ ecommends adoption of the Ordinance to Council. They eliminated a clause in the regulations which would have allowed garages built in conjunction with single family houses on steeply sloping lots to be constructed to 14 feet above the public road from w hich access is made. This was in response to a citizens petition requesting this change. The citizens had also requested 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 27, 1984 P AGE THREE that a provision be removed which allows garages on steep lots to be located five feet from the property line. The Planning Commission determined that this provision should be left in the Zoning Ordinance. He recommended that Council adopt the Ordinance as a first ✓ eading, adopt Resolution No. 105-84 resubmitting the Zoning O rdinance and Map to the Coastal Commission and Resolution No. 106-84 resubmitting the LUP amendment for the area near Main and P acific approved last spring. Mayor Shelton opened the matter to the public for comments. Dick Haidet spoke on the garage section of the ordinance stating that he did not feel there was anything wrong with the ordinance the way it is now. Ben Sanders was concerned that the Planning Commissioners were not familiar enough with the area on Nutmeg to make a decision on this matter; he felt all houses should be uniform in the area. Dale Reddell complimented staff on the amount and professionalism o f the work involved in the Zoning Ordinance. He stated that although he would have liked to have the 14 foot height limit in- cluded in the Ordinance, he had compromised in order to keep the 5 foot setback in the Ordinance. MOTION: Councilmember Anderson moved that the hearing be closed to the public. The motion was seconded by Councilmem- ber Lemons and unanimously carried. (5-0) Councilmember Lemons was in favor of accepting the staff ✓ ecommendation on the garage issue. He objected, however, to going along with the Coastal Commission's objection to the City's determination to change the portion of Pacific between Morro and Market Street on the bluff top from 'visitor -serving" to 'general" commercial. Mr. Multari advised Council to adopt the O rdinance and Resolutions with the changes as recommended by the Coastal Commission and then come back during the next LCP amendment period and resubmit the "general" commercial designation for this specific area. MOTION: Councilmember. Zeuschner moved for adoption of Resolutions No. 105-84 and 106-84 as presented. The motion was seconded by Councilmember. Risley and unani- mously carried by roll call vote. (5-0) MOTION: Councilmember Zeuschner moved that Ordinance No. 263 be read by title and number only. The motion was seconded by Councilmember. Risley and unanimously carried. (5-0) 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 27, 1984 P AGE FOUR Mr. Napper read Ordinance No. 263 by title and number. MOTION: Councilmember Lemons moved that Ordinance No. 263 be adopted as a first reading. The motion was seconded by Councilmember Risley and unanimously carried by roll call vote. (5-0) MOTION: Councilmember Lemons moved that the Pacific Street zoning matter be referred to staff for inclusion in the first amendment package that goes to the Coastal Com- mission. The motion was seconded by Councilmember Zeuschner and unanimously carried by roll call vote. (5-0) Council took a brief recess from 9:13 p.m. to 9:20 p.m. B. UNFINISHED BUSINESS B-1 "NO -PARKING" ZONE - QUINTANA ROAD AT KINGS AVENUE Mr. Nichols stated that Council had requested that staff investigate the possibility of moving the stop bar forward. Upon investigation of this, staff had determined that the stop bar could be moved to within 4 feet of the nearest edge of Quintana Road, however, no increase in parking spaces would result with the 30 m.p.h. speed zone. Staff had also conducted a speed survey in the area determining that traffic on Quintana Road t raveled from 27 to 48 m.p.h. Staff did not recommended that the speed limit be reduced or the stop bar moved. Mayor Shelton opened the matter to the public. Dale Mitchell, attorney representing Mr. Truhitte, stated that the people parking across the street for the business and crossing in the t raffic were creating a greater hazard than the parking spaces would. He also stated that there had never been an accident at this location related to sight visibility and requested Council to remove the "no -parking" designation in front of Mr. Truhitte's business. W illiam Manley stated that he had initially requested Council's action to review the traffic speed and flow along Quintana. He said that drivers used to have to get out into the middle of the street before they could get on Quintana in order to see any vehicles traveling on Quintana. MOTION: Councilmember. Zeuschner moved that the staff ✓ ecommendation to reaffirm Resolution No. 22-84 be approved and that Mr. Truhitte be encouraged to seek o n- site parking area alternatives. The motion was 4 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 27, 1984 PAGE FIVE seconded by Councilmember Risley and unanimously carried by roll call vote. (5-0) B-2 STATUS REPORT - MOBILEHOME PARK RENT CONTROL Forrest Henderson reviewed information regarding the CPI and the County's Five Points with regard to a Rent Stabilization Ordinance. He stated that he would be attending a meeting between the Blue Heron park owners and tenants this week and ✓ ecommended that Council receive his report for information and postpone any decision to adopt a rent stabilization ordinance e ncouraging the Blue Heron tenants and owners to work out their differences without City intervention. MOTION: Councilmember. Risley moved that the report be received for file. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) B-3 ORDINANCE NO. 262 AMENDING THE "ZONING MAP OF THE CITY OF MORRO BAY" - SECOND READING Mr. Napper stated that Council should have the ordinance read by n umber and title only. This will be the final reading of the Ordinance and it will be submitted to the Coastal Commission for. certification. MOTION: Councilmember Zeuschner moved that Ordinance No. 262 be read by number and title only. The motion was seconded by Councilmember. Anderson and unanimously carried. (5-0) Mr. Napper read Ordinance No. 262 by number and title. MOTION: Councilmember Zeuschner moved for the adoption of Ordinance No. 262 as a final reading. The motion was seconded by Councilmember Risley and unanimously carried by roll call vote. (5-0) B-4 STATUS REPORT - MORRO BAY GOLF COURSE Mr. Napper stated that the City has not received the final draft agreement from the State on the golf course. The Golf Course Advisory Board met and voted to modify the contract to a flat $80,000 rental fee and accept the agreement with the State including the flat fee proposal. Council was also in receipt of a minority report from Board Chairman John Evans outlining his objections to the State agreement. Mr. Napper recommended that this matter be continued to the next meeting. 5 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 27, 1984 PAGE SIX Mayor Shelton opened the matter for public comments. Councilmem- ber Zeuschner asked if it was possible to credit the $80,000 annual rent with improvements to the clubhouse. Mr. Napper stated that staff had discussed that possibility with the State and were informed that the State wants $80,000 cash. MOTION: Councilmember Zeuschner moved that the matter be continued to the next meeting. The motion was seconded by Councilmember. Lemons and unanimously carried. (5-0) C. NEW BUSINESS C-1 HARBOR COMMISSION VACANCIES Mr. Napper stated that Council had received three applications for the vacancies on the Harbor Commission; Nancy Bast, Steve Sweetwood and Dean Tyler. Council guidance was requested on the method of appointment to the Commission. MOTION: Councilmember. Zeuschner moved that the applicants be interviewed at 7:00 p.m., September 11, 1984, in the City Hall. Conference Room. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) C-2 RESOLUTION SUPPORTING LOCAL FISHING INDUSTRY Councilmember. Lemons stated that an 'incidental catch" hearing limiting local fisheries will be held on September llth and ✓ equested that Council adopt the proposed resolution in support o f the local commercial fishing industry. Bob Sanstal spoke of a Coastal Conservancy press release ✓ egarding legislation on this issue. Council requested that staff attempt to secure copies for Council review. MOTION: Councilmember. Lemons moved for adoption of Resolution No. 107-84 and that it be forwarded to the Department of Fish and Game and Department of Fish and Wildlife Service. The motion was seconded by Councilmember Risley and unanimously carried by roll call vote. (5-0) Councilmember Risley also requested that copies be sent to our State Legislators. D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF AUGUST 13, 1984 Mr. Napper, recommended that the minutes be approved as submitted. 6 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 27, 1984 PAGE SEVEN A correction was noted on page 5 deleting Councilmember Lemons as having made the second to the motion at the top of the page. D-2 PROCLAMATION DECLARING THE MONTH OF SEPTEMBER 1984 AS U.S. CONSTITUTION OBSERVANCE MONTH Mr. Napper recommended that Council authorize the Mayor to sign the proclamation. D-3 UNAUDITED FINANCIAL STATEMENTS - FY 83-84 (PULLED) Mr. Napper stated that this matter would be scheduled for the next meeting. D-4 REAPPROPRIATION OF ENCUMBRANCES AT JUNE 30, 1984 FOR THE FY 84-85 Mr. Napper. recommended Council adopt Resolution No. 102-84 reappropriating encumbrances and cancelling the related reserve for encumbrances as of July 1, 1984. D-5 EXPENDITURE REPORT - JULY 1984 Mr.. Napper recommended Council approve the Report as submitted. D-6 CHAMBER OF COMMERCE MONTHLY REPORT - JULY 1984 Mr. Napper recommended that Council receive the report for. file. D-7 RIGHT-OF-WAY ABANDONMENT - SHASTA AVENUE Mr. Napper recommended that Council adopt Resolution No. 103-84 abandoning a portion of Shasta Street right-of-way (5 ft.) for construction of a new public library. Councilmember Lemons asked that item D-7 be pulled. MOTION: Councilmember Anderson moved for the approval of the Consent Calendar with the exception of item D-7. The motion was seconded by Councilmember Zeuschner and unanimously carried by roll call vote. (5-0) D-7 There was discussion on this matter with Councilmember Lemons having some reservations about abandoning the right-of- way. Mr. LeSage suggested that a clause be added to the Resolution stating that when the lease terminates, the right-of- way automatically reverts back to the City. Additionally, the City should not record the abandonment until permits are pulled. 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 27, 1984 PAGE EIGHT MOTION: Councilmember Zeuschner moved for the adoption of Resolution No. 103-84 with the addition that there would be a reversal of the street right-of-way to the City if the lease is ever terminated. 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 Zeuschner stated that he was pleased to see ✓ isitors taking advantage of the RV overflow site and suggested e xtending indefinitely the period of operation. He also suggested that staff come back with an alternative site for the overflow during the Harbor Festival. Councilmember. Lemons was concerned that the City was getting into competition with the other RV parks in the City. There was discussion regarding this and staff was directed to continue to monitor the operation and refine the program. B. Councilmember Anderson presented the Community Promotions Committee outside -area promotion budget in the amount of $7,105 plus. MOTION: Councilmember Risley moved for approval of the Community promotions expenditure report. The motion was seconded by Councilmember. Zeuschner and unanimously carried by roll call vote. (5-0) C. Councilmember. Lemons stated that he had received a report ✓ egarding the removal of sand near the Morro Dunes Trailer Park. Mr. Nichols stated that he would look into the matter and inform Council of the results. D. Mr. Lemons stated that he would like to see the City proceed w ith re -experimenting on the percolation basin which had been declared a failure. This time he would like tracers put into the w ater to determine where the pumped water is going. MOTION: Councilmember Lemons moved that staff re -new the permits to initiate the recharge basin and then put tracer elements in the water and to find where it is going. The motion was seconded by Councilmember Anderson. Councilmember Risley stated that Council did not receive much of a report on what went on out there the first time. He said that 8 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 27, 1984 PAGE NINE the whole question of percolation need to be pursued in a very thorough way. Ray Kaltenbach stated that there was a clay barrier there that eliminated effectiveness. Mr. Nichols stated that he would get a copy of the report recently filed on the last experiment to Council. MOTION: Councilmember. Zeuschner moved that this matter be tabled until the next meeting and asked for a staff ✓ eport at that time. The motion was seconded by Coun- cilmember Risley and carried on the following roll call ✓ ote: AYES: Anderson, Risley, Zeuschner, Shelton NOES: Lemons MOTION: Councilmember Lemons moved that staff be directed to bring back at the next meeting the steps necessary to implement the items outlined in his original motion. The motion was seconded by Councilmember Risley and u nanimously carried. (5-0) E. Mayor, Shelton brought up a matter of a builder in the Atascadero Beach tract area who is building a home that is not in conformance with the others in the area. He requested that the Planning Department look into a process making the CC&R's consistent with the Zoning Ordinance for that section of the City in order to avoid continuation of this kind of problem. F. Mayor Shelton stated that there would be a hearing on the licensing of the Diablo Nuclear Power Plant on August 30 and he requested Council authorization to provide testimony on behalf of the City. MOTION: Councilmember. Zeuschner moved that Mayor Shelton repre- sent the City with Council action developed over the years and convey that information at the hearing. The motion was seconded by Councilmember Risley. Councilmember Lemons felt it would be inappropriate to express an opinion on behalf of the City since the City has not held hearings on this issue yet. Mayor. Shelton stated that he would speak as a elected official and research the minutes of the Council for any past actions. The motion was unanimously carried. (5-0) 9 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 27, 1984 PAGE TEN E-2 CITY ATTORNEY Mr. LeSage had nothing to report E-3 CITY ADMINISTRATOR Mr® Napper stated that the Cabrillo trial has been postponed again; however, there has been a counter. -offer from the Cabrillo people and Mr. Mason will be at the next Council meeting to meet with Council in closed session on this matter. Counc ilmember Anderson requested to be excused from the next Council meeting. MOTION: Councilmember Zeuschner moved that the meeting be adjourned to September llth at 7:00 p.m. in the City Hall Conference Room to interview Harbor Commission applicants. The motion was seconded by Councilmember. Anderson and unanimously carried. (5-0 ) The meeting adjourned at 10:50 p.m. Recorded by: diez,cay, Ard i th Davis Deputy City Clerk 10