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HomeMy WebLinkAboutCC_1983-12-12 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1983 RECREATION HALL - 7 30 P.M. Mayor Shelton called the meeting to order at 7:30 p.m. ROLL CALL PRESENT: ABSENT: STAFF: Eugene R. Shelton Bruce Risley Bud Zeuschner Rodger Anderson John Lemons P aul Baxter Michael LeSage L ouise Burt Murrel Crump Mike Multari N ick Nichols Steve Wolter Bernie Zerr P eggy Buchanan Mayor Councilmember Councilmember Councilmember Councilmember (excused) (excused) City Administrator City Attorney Finance Director Community Development Dir. Associate Planner Public Works Director Recreation Director Fire Chief Deputy City Clerk The Pledge of Allegiance was led by Horace Strong and the Invocation was offered by Reverend Charles Erickson of St. Peter's Episcopal Church. A. PUBLIC HEARING, REPORTS AND APPEARANCES A-1 CONSIDERATION OF AN ORDINANCE TO AMEND THE MORRO BAY MUNICIPAL CODE REGARDING IMPOSITION OF SALES AND USE TAX AS REQUESTED BY THE STATE BOARD OF EQUALIZATION Mr. Baxter reviewed the request from the State Board of Equalization and noted that it is necessary to amend the City's e xisting ordinance regarding sales and use tax due to a recent change in legislation. The amendment will exempt water borne ✓ essels from sales and use taxes. Mr. Baxter noted that this Ordinance should be adopted as an urgency measure to be effective immediately. 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 Risley and carried unanimously. (3-0-2) 1 MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1983 PAGE TWO MOTION: Councilmember Risley moved that Council adopt the Ordinance amending the City's sales and use tax ordinance and that this ordinance be adopted as an urgency ordinance to be effective immediately. The motion was seconded by Councilmember Zeuschner and carried by the following roll call vote: AYES: Risley, Zeuschner, Shelton NOES: None ABSENT: Anderson, Lemons A-2 CONSIDERATION OF "PHASE III" THE ZONING AND OTHER IMPLEMENTING MEASURES OF THE LCP (CONTINUED) Mr. Crump provided an overview of the staff report and previous Council discussion regarding Phase III of the LCP. Mr. Crump provided Council with detail regarding staff revisions based upon suggestions by the Council and the public. Mr. Crump noted that by state law, cities must submit their Phase III work by January 1, 1984. Mayor Shelton opened the hearing for public comment. James Maul, representing Virg's Landing, spoke in favor of the height revisions by staff along the north end of the Embarcadero and noted that this revision would allow his clients to favorably develop their lease site. Mr. Maul also noted the restrictions placed on sport fishing uses north of Beach Street, and felt that Council should consider a change in this policy. Mayor Shelton noted that these restrictions had been imposed by an initiative and were beyond the scope of Council authority. Clifford Smith, PG&E representative, offered his thanks for the work staff had done in their efforts to meet suggestions offered by PG&E regarding special use permit requirements. MOTION: Councilmember Risley moved that the Public Hearing be closed. The motion was seconded by Councilmember Zeuschner and carried unanimously. (3-0-2) Councilmember Risley asked if the revised height limitations along the north end of the Embarcadero were within the heights allowed in other zones. Mr. Crump stated that the height limits are within that allowed by other zones, such as 30' for commercial. 2 MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1983 PAGE THREE Councilmember Risley noted that the Water Management Plan provides for a population limit of 12,200 by the year 2000, and questioned whether the zoning as proposed would provide for this limit. Mr. Crump stated that future population growth would be reduced by approximately 2,000-3,000 but would realistically meet the population limits set by Brown and Caldwell in their study. Councilmember Risley asked what the next step in the LCP process was. Mr. Crump stated that the objective is a Local Coastal Plan certified in total. Mr. Crump described the amendment procedures and stated that the Coastal Commission has already certified some amendments to the LCP submitted by staff earlier. Mayor Shelton thanked the staff for all their hard work in this process. MOTION: Councilmember Zeuschner moved that Council adopt the Resolution as submitted, authorizing the submittal of Phase III materials to the California Coastal Commission for certification. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: NOES: ABSENT: Zeuschner, Risley, Shelton None Anderson, Lemons B. UNFINISHED BUSINESS B-1 DISCUSSION OF OPEN WATER METERS IN MORRO BAY AND CORRESPONDENCE FROM LANNY MCKAY REGARDING WATER USAGE (CONT.) Mr. Baxter reviewed Council's previous discussion on this matter, and briefly stated Mr. McKay's previous noted that this matter had been continued meeting to allow staff the opportunity concerning water meters on vacant lots. Mr. Baxter stated that Mr. McKay had notified him of his inability to attend the meeting and had requested that the matter be continued to another meeting to allow him the opportuity to make additional comment. request. Mr. Baxter from Council's previous to review information 3 MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1983 PAGE FOUR Louise Burt provided Council with the n oted that the meter had been removed had burned down, and was reconnected u sage to date. history of 2880 Cedar, and in 1960 after the structure in 1979 and showed no water Mr. Baxter stated that based on this information, and on Council policy established in 1977, Mr. McKay's plans to build would be considered a new construction and would be subject to all hook-up fees. Mr. Baxter noted that there were quite a few water meters in e xistance on vacant lots, and Council's decisison concerning Mr. McKays request could be setting a precedent for other lots. Councilmember Risley requested a definition of "abandoned use" by the City Attorney. Mr. LeSage noted that not only time but intent played a part in defining abandoned, and stated that he would not feel unconfortable at all in terming this an abandonment of water use, since the period of time elapsed since last use was a matter of years. However, Mr. LeSage noted that this was basically a matter for Council to determine. Councilmember Risley questioned the amount of money involved if Council were to ask that all money collected for the installment of water meters on vacant lots be refunded. Mrs. Burt stated that she would not be able to provide an estimate without additional research. Councilmember Zeuschner noted that the public should not feel that the meter itself is a water equivalency or guarantee of w ater. Councilmember Risley felt that the City should notify meter o wners that the presence of a meter on a lot does not guarantee o r even qualify that lot for a water equivalency. Councilmember Zeuschner felt that staff should be directed to n otify property owners with meters on vacant lots that the presence of a meter is not a vested right to water, and give the o wner the option of having the meter removed or continuing payment of minimum service charge. Mayor Shelton agreed, but felt that a decision regarding Mr. McKay's request should be postponed until Mr. McKay could be present. 4 MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1983 PAGE FIVE There was MOTION: additional Council discussion regarding this matter. Councilmember Zeuschner moved that Council refer this matter back to staff and request additional information regarding alternatives to this problem at the January 9, 1984. The motion was seconded by Councilmember Risley and carried by a unanimous vote. (3-0-2) B-2 REPORT REGARDING REGULATION OF T.V. SATELLITE DISHES Mr. Baxter noted that at an earlier meeting, Council had received correspondence requesting that the City regulate the installation of T.V. Satellite Dishes. Council had referred the matter to the P lanning Commission and T.V. Franchise Board. Mr. Baxter stated t hat the T.V. Board had recommended that no action be taken to ✓ egulate or restrict this type of technological advancements, however the Planning Commission did have some regulations, including screening and placement of the dishes in rear fenced yards. Mr. Baxter recommended that Council receive this information for file. P eter Diffley, member of the T.V. Franchise Board, stated that the Board was not in favor of inhibiting new technology in any w ay. Mr. Crump stated that the Planning Commission had addressed its ✓ egulations to currently available equipment, and if other types and sizes of these satellite dishes become available, the P lanning Commission may want to revise their regulations. Mr. Diffley felt that no more restrictions should be placed on t hese types of antennas than are currently imposed upon other types of radio and television antennas. MOTION: Councilmember Zeuschner moved that Council receive this information for file and direct staff to transmit this action to the previous correspondents. The motion was seconded by Councilmember Risley and carried unanimously. (3-0-2) B-3 REQUEST BY HAROLD BIAGGINI FOR TEMPORARY USE OF A PORTION OF TIDELANDS PARK AS A CONSTRUCTION AREA Mr. Baxter noted that earlier in the year, Mr. Biaggini had requested permission to use a portion of Tidelands Park for a storage/construction yard while construction is in progress on his motel adjacent to Tidelands Park. The matter had been heard 5 MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1983 P AGE SIX by the Harbor Commission, the Planning Commission and the Parks and Recreation Commission and their findings were summarized in t he staff report as presented to Council. Mr. Baxter reviewed t he report and the conditions recommended and noted that the only conditions he had amended were regarding length of term and use o f revenues. Mr. Baxter noted that he felt a longer term was n ecessary for Mr. Biaggini's use and that revenues should be used for future development of Tidelands Park. Councilmember Risley requested clarification regarding the location of the property in question. Mr. Baxter stated that it was a rectangular piece located at the n ortheast end of Tidelands Park. Mr. Gaines stated that he felt the $150 per month rent was too low and suggested that Council consider the value of the property and amount of square footage. Mr. Gaines felt that $400 per month would be more in line with the true value of the property. Mr. Baxter stated that the rental amount had been discussed with Mr. Wallace, the City's property consultant, and based on the fact that this was a temporary use and the property was totally u nimproved, this figure was arrived at as being a fair rental price. Councilmember Zeuschner asked if there was any current use taking place in this area. Mr. Baxter stated that there was no current use of the area o utside of occasional public/pedestrian use. Nancy Bast felt that this was a valuable piece of land with many mature trees, and agreed that $150 was too low for a monthly ✓ ental. Mayor Shelton noted that this matter had been before three of the City's commissions and all recommendations were in favor of this t emporary use. Councilmember Risley noted that the rental rate was set by the P roperty Consultant, and also noted that one of the conditions ✓ ecommended would require the developer to protect the existing t rees. Councilmember Zeuschner asked if there was any development proposed for this area during the suggested rental term. 6 MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1983 P AGE SEVEN Mr. Wolter stated that this would be developed in the of the Tidelands Park development and he did not see d evelopment of this area would be for several years. Mr. Baxter suggested that two additional conditions be first to provide for a 30-day cancellation clause, and t o state that the document should not be signed Tidelands escrow has closed. last phase that any added, the the second until the MOTION: Councilmember Zeuschner moved that Council adopt the staff report as amended, including the two additional conditions as stated by the City Administrator. The motion was seconded by Councilmember Risley and carried unanimously. (3-0-2) B-4 AMENDMENT TO MORRO BAY MUNICIPAL CODE CHAPTER 13.20 CONCERNING WATER EQUIVALENCY PROGRAM (2ND READING) Mr. Baxter stated that this was a second reading of the Ordinance t o set a Water Equivalency Program for 1984. MOTION: Councilmember Zeuschner moved that the Ordinance be read by title and number only. The motion was seconded by Councilmember Risley and carried unanimously. (3-0- Mr. 2) Baxter read the Ordinance by title and number only. MOTION: Councilmember Zeuschner moved that the Ordinance be adopted as a final reading. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: NOES: ABSENT: Zeuschner, Risley, Shelton None Anderson, Lemons C. NEW BUSINESS C-1 RECOMMENDATION FROM COMMUNITY PROMOTIONS REGARDING ADDITIONAL ALLOCATION OF FUNDS Mr. Baxter reviewed the staff report from the Community Promotions committee, and stated that this was their final budget recommendation for 1983-84 expenditures for promotions. The Committee's recommendations included expenditures for advertising 7 MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1983 PAGE EIGHT in various publications and additional expenditures to reimburse t he Motel Association for their booth at the Fresno fair, and to reimburse the Chamber of Commerce for administration of the Community Promotions program. Mr. Baxter stated that the total amount would be $25,059, with reserves in the amount of $4,491, for a total of $30,000. Mayor Shelton asked what criteria had been used to select the method of advertising. Mr. Baxter stated that a survey was done on circulation of papers in certain areas where the City has had a history of tourism, for example the San Joaquin Valley, San Jose and the Los Angeles. area. Newspapers with good circulation in these areas were selected, as well as publications such as Westways and Sunset, which appeal to travelers. Mr. Baxter noted that the Committee h ad rejected other means of advertising such as radio and t elevision for now, and would perhaps consider these methods later. MOTION: Councilmember Zeuschner moved that the Council approve t he final budget as submitted for the Community P romotions Committee. The motion was seconded by Councilmember Risley and carried unanimously. (3-0-2) C-2 REQUEST FOR APPROPRIATION FROM AD -HOC COMMUNITY CONFERENCE COMMITTEE FOR FUNDS Mr. Wolter stated that the Community Conference Center Committee h ad voted to request $1,350 in funding from the City Council, to continue its planning efforts. Mr. Wolter reveiwed the report from the Committee, which detailed the proposed expenditures for such items as printing, professional services and a field trip. Councilmember Risley asked who the members of this committee were. Mr. Wolter stated that the Chairperson is Geoff Moreland, and members include Russ Cree, Nancy Castle, Tom McGonagill, Carolyn Rodriguez, Jane VonKeohe and Ernie Miller. MOTION: Councilmember Risley moved that the Council approve the request for funding from the Community Conference Center Committee, and allocate $1,350 from the community promotions fund for expenditures as submitted. The motion was seconded by Councilmember Zeuschner. 8 MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1983 PAGE NINE Bob Lane felt that a convention center would be out of character with Morro Bay, and would bring the wrong type of tourist to the City. Mayor Shelton stated that in previous discussions, Council had agreed that a community conference center could stimulate winter business and provide for a balanced flow of tourists. Councilmember Zeuschner emphasized that the committee is considering a conference center and not a convention center, and would be something for the community to use also. Peter Diffley questioned where the requested funds would come from. Mr. Baxter stated that the money would be allocated from the interal community promotion fund. Council then voted on the motion to funds as requested: approve the allocation of AYES: Zeuschner, Risley, Shelton NOES: None ABSENT: Anderson, Lemons C-3 REQUEST FOR POLICY DETERMINATION REGARDING PROVIDING ADDITIONAL WATER METERS FOR RESIDENTIAL IRRIGATION Mr. Nichols reviewed the staff report, and stated that current policy allows separate irrigation meters for condominium and apartment development, but does not allow for second meters on single family residential lots. Mr. Nichols stated that the City has received several requests recently to have a second meter installed, for the purpose of irrigation. Mr. Nichols outlined several of the potential problems with allowing these additional the sewer fund, an increased maintain and read the connections to avoid meters, such as a loss of revenue to burden on the water department to additional meters, and possible sewer charges. install, "bootleg" Mr. Nichols recommended that Council set a policy to not allow separate water meters for single family residences. Councilmember Risley spoke regarding the sewer rate structure and stated that he was not aware that city policy had allowed separate meters for condominiums and apartments, and felt that this was not equitable. 9 MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1983 PAGE TEN Mr. Nichols stated that this had been the policy for some time, although he was not aware of how the policy started. Council discussed the differences between condominium and single family residences, and the possible inequities in the rate structure. Mayor Shelton felt that the Council should establish a policy regarding second meters on single family residences, and then further examine the issue of multiple family dwellings. Councilmember Risley then discussed the sewer rate structure and how it was arrived at, and noted that the Council should re- examine the rates. Howard Gaines felt that the rates were inequitable and that if condominiums and apartments can have separate meters single family residences should also be allowed. MOTION: Mayor Shelton moved that the City Council adopt the staff recommendation to not allow single family residences to have separate meters for irrigation and to direct staff to investigate and bring back additional information at their meeting of January 23, 1984, regarding alternatives for the sewer rate structure. The motion was seconded by Councilmember Zeuschner and carried unanimously. (3-0-2) C-4 RESOLUTION TO SLO BOARD OF SUPERVISORS REQUESTING CHANGE IN CONSOLIDATED ELECTION DATE TO NOVEMBER 6, 1984 Mr. Baxter stated that this Resolution is requesting the Board of Supervisors to change the date of the City's consolidated election to November of 1984. MOTION: Councilmember Zeuschner moved to adopt the Resolution as submitted. The motion was seconded by Councilmember Risley and carried unanimously. (3-0-2) C-5 CONSIDERATION OF FUNDING REQUEST BY SCHOOL DISTRICT FOR A STUDY OF TRAFFIC CONDITIONS AT MORRO ELEMENTARY SCHOOL Mr. Baxter informed Council that the City had received a request from the San Luis Obispo Coastal Unified School District to perform a traffic study for Morro Elementary School regarding a 10 MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1983 PAGE ELEVEN safe -route for pedestrian traffic. Mr. Baxter stated that the full cost of such a study would be $1,000 to $2,000 and recommended that Council inform the District that the City will perform the study if the District will fund the project. MOTION: Councilmember Risley moved that Council authorize staff to notify the district that the City will perform the study if the district chooses to fund the project. The motion was seconded by Councilmember Zeuschner and carried unanimously. (3-0-2) C-6 DISCUSSION TO CANCEL DECEMBER 27, 1983 MEETING Mr. Baxter reviewed the schedule for the following meeting and noted that it falls immediately after Christmas and it may be appropriate for Council to cancel this meeting and carry-over any items for the first meeting in January. MOTION: Mayor Shelton moved to cancel the December 27th meeting. The motion was seconded by Councilmember Risley and carried unanimously. (3- 0-2) C-7 CONCEPTUAL APPROVAL OF LEASE AGREEMENT BEFORE RALPH GUNTHER AND CITY OF MORRO BAY FOR REAL PROPERTY ALONG THE EMBARCADERO Mr. Baxter stated that this item has been pulled and will be rescheduled for the January 9, 1984 meeting. D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES FROM NOVEMBER 28, 1983 (PULLED) Mr. Baxter stated that the minutes of November 28, 1983 will be rescheduled for January 9, 1984. D-2 APPROVAL OF CITY ATTORNEY AGREEMENT Mr. Baxter recommended Council approve the agreement and authorize the Mayor and Clerk to sign on behalf of the City. 11 MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1983 PAGE TWELVE D-3 CITY OF MORRO BAY EXPENDITURE REPORT FOR NOVEMBER 1983 Mr. Baxter recommended Council approve the report as submitted. D-4 RESOLUTION AMENDING RESOLUTION NO. 83-83 REGARDING WATER AND SEWER RATE STRUCTURE Mr. Baxter recommended Council approve the Resolution as submitted. D-5 EASEMENT FOR STORM DRAIN LINE Mr. Baxter recommended that Council approve the Resolution approve the easement as submitted. Mr. Baxter noted the following added items for the Consent Calendar: D-6 SURPLUS PROPERTY - RECREATION DEPARTMENT Mr. Baxter recommended that Council declare certain property as listed as surplus and authorize staff to dispose of such property. D-7 REQUEST TO ACQUIRE BUILDING - FIRE DEPARTMENT Mr. Baxter recommended that Council approve the Fire Department request to acquire and move a building to provide for common meeting and training room, and authorize the expenditure of not to exceed $10,000 from contingencies. D-8 COUNCIL SUPPORT OF AB 2099 Mr. Baxter recommended that Council authorize staff to transmit a letter of support for AB 2099 regarding funding for the Coastal Conservancy. D-9 AMENDMENT TO AGREEMENT WITH CONSULTANT (LINDORF) REGARDING BROWN AND CALDWELL CONTRACT Mr. Baxter recommended that Council approve the amendment to the agreement with consultants for renegotiation of the Brown and Caldwell contract, and authorize an additional $2,000 over previous agreement amount. 12 MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1983 PAGE THIRTEEN MOTION: Councilmember Risley moved that Council approve the Consent Calendar items D-1 through D-9 as submitted. The motion was seconded by Councilmember Zeuschner and carried by the following roll call vote: AYES: Risley, Zeuschner, Shelton NOES: None ABSENT: Anderson, Lemons E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL Councilmember Zeuschner requested a follow-up report regarding the disposal of the city's hydro -truck. Mr. Baxter stated that he had communicated with the Cayucos Sanitary District regarding the value of the truck, and felt that $5,000 was a reasonable price for this equipment. Council discussed the sale of the hydro -truck to Cayucos, and the fair market price. Mr. Baxter suggested that the City hold a joint meeting with Cayucos to discuss this business as well as the annual reconciliation of flow, and other items as requested by Cayucos. Council set the date for the joint meeting as Monday, January 16, 1984, at 7:00 p.m. Councilmember Risley noted the resignation of Don Walsh as alternate on the Harbor Commission. Mr. Baxter stated that this matter will be scheduled for Council's consideration at a later meeting. Councilmember Risley felt that the vacancy should be readvertised. Mayor Shelton requested additional information regarding the RV bed tax issue. Mr. LeSage stated that he had corresponded with the League of California Cities and was awaiting a response. 13 MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1983 PAGE FOURTEEN E-2 CITY ADMINISTRATOR Mr. Baxter requested a closed session regarding the Cabrillo litigation and the Lindquist/Hutchison litigation. E-3 CITY ATTORNEY Mr. LeSage requested that Council approve a Certificate of Acceptance as requested by the title company regarding the Tidelands quitclaim deeds. MOTION: Councilmember Zeuschner moved to authorize the Mayor's signature for the Certificate of Acceptance as submitted by the City Attorney. The motion was seconded by Mayor Shelton and carried unanimously. (3-0-2) Mr. Fred Smith spoke to Council regarding signs recently installed by Cal Trans regarding a detour to Monterey. Mr. Smith felt that these signs were taking business away from the city and urged Council to request Cal Trans change the wording or remove the signs. Mayor Shelton stated that staff would look into the problem. MOTION: Mayor Shelton moved to adjourn to closed session. The motion was seconded by Councilmember Risley and carried unanimously. (3-0-2) The meeting adjourned to closed session at 10:12 p.m. and reconvened to open session at 10:27 p.m. MOTION: Councilmember Zeuschner moved to adjourn to January 9, 1984, at 5:00 p.m. for Refuse Board interviews, and then to 7:00 p.m. for a closed session and 7:30 for the regular meeting. The motion was seconded by Mayor Shelton and carried unanimously. (3-0-2) The meeting was adjourned at 10:28 p.m. REECTFULLY SUBMITTED, PEGGY DEPUT ANAN Y CLERK 14