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HomeMy WebLinkAboutCC_1984-01-23 Regular Meeting Minutes• • • • • JANUARY 23, 1984 REGULAR MEETING RECREATION HALL - 7: 3 0 P.M. ROLL CALL PLEDGE OF ALLEGIANCE -- Horace Strong INVOCATION - Lance'. Po ldberg , Calvary Lutr • • COUNTER COPY - DO NOT REMOVE PRESENTATIONS: State of the City Reports Resolution Commending Murrel Crump A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 RICHARD WEISS PRESENTATION ON C . H . I . P . COMMITTEE RECOMMENDATION A-2 CONSIDERATION OF LOCATION FOR UNDERGROUND UTILITY DISTRICTS A- 3 CONSIDERATION OF OPERATING AGREEMENT FOR SENIOR CENTER AND ESTABLISHMENT OF FACILITY RENTAL FEES A-4 CASE NOS. LUP 02, 03, 04, CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION TO AMEND COASTAL LAND USE PLAN BY CHANGING THE LAND" .USE DESIGNATION FOR VARIOUS AREAS IN THE CITY A-5 REVISION TO PROPOSED AMENDMENT TO ORDINANCE NO. 22 AND MORRO BAY MUNICIPAL CODE SECTION 14 . 44 . 04 0 - CONSTRUCTION OF STREET IMPROVEMENTS A--6 REPORT OF PUBLIC HEARING REGARDING SECTION 18 APPLICATION FOR REPLACEMENT OF TRANSIT VEHICLE B. UNFINISHED BUSINESS B--1 Recrue st by Lanny McKay for Water Hook Up Fee Waiver B 2 Sewer Use Fees on Condominium and Apartment Irrigation Systems C. NEW BUSINESS • C- 1 Mid -Year Finance Report C--2 Consideration of Sale of Hemlock Street Mini -Park D. CONSENT CALENDAR D-1 City Council Minutes of 1/9 adjourned and regular meetings D-2 Chamber of Commerce Monthly Report for December 1983 D- 3 City of Morro Bay Expenditure Report for December 1983 D-4 Resolution of Commendation for Murrel Crump D-5 Proposed Painting of Red Curbs - Vicinity of Bay Pines Trailer Park, Quintana Road I,. t; -t � i . ; ; ; �.,.JI . MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 RECREATION HALL - 7:30 P m M D Action ,.._ Mayor Shelton called the meeting to order at 7:30 p em ROLL CALL PRESENT: STAFF: Eugene R. Shelton Rodger Anderson John Lemons Bruce Risley Bud Zeuschner P aul Baxter Mike LeSage Louise Burt Murrel Crump Dave Howell Gary Napper N ick Nichols Steve Wolter. Bernie Zerr N ellie Cecil Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Finance Director Community Development Dire P olice Chief Asst e to City Administrator P ublic Works Director Recreation Director Fire Chief Secretary The Pledge of Allegiance was led by the Boy Scouts, Troop 345, and Mr. Kent Wentzell, and the Invocation was provided by Rev. L ance Poldberg of the Calvary Lutheran Church P RESENTATIONS: State of the City Reports: Mayor Shelton announced that this time had been set aside to allow Council and Department Heads the opportunity to review the past years accomplishments and the goals for the future e Councilmember Zeuschner noted that January was a good time to look back at events of the past year such as the lifting of the building moratorium and beginning of construction activity, the new sewer plant as well as community projects such as the library and also to look forward to progress in such areas as the water management plan, home construction and a continuance in community cooperation and spirit° Councilmember. Risley presented a summary of his review of City operations during the past year. Councilmember Risley noted the lifting of the building moratorium, the construction of the sewer plant, and the San Mateo rescue and commended the services provided by the City employees. Councilmember Risley also pointed out the increase in community involvement on committee's and boards and the City's support and contribution toward 1 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 PAGE TWO community efforts such as the library and senior group. Councilmember Risley also noted the litigation currently pending against the City, and criticized the City's progress in adjusting w aterfront lease rentals, and the implementation of the water management plan. Councilmember Risley also reviewed other accomplishments and goals for the future. Councilmember Anderson commended the city staff for their fine w ork, and noted his participation on the North Coast Transit Board and his successful efforts to decrease the amount of financial participation from Morro Bay for transportation. Councilmember Anderson also noted his participation on the Community Promotions Committee and the City's efforts in this area. Councilmember Lemons stated that he felt the City had not allocated sufficient funds during 1983 for an adequate water line replacement program, and noted the lack of progress with the w ater management plan, and his dissatisfaction with the water ✓ ate structure. Councilmember Lemons noted the lack of progress also on the last phase of the T-Pier project and the street end project. Councilmember Lemons felt that the Chamber of Commerce should be commended for their efforts and contributions to the community, and also noted the City's progress towards take-over o f the Golf Course in 1985. Councilmember Lemons also stated that there had been progress in solving the problem of Twin Bridges and the City should look toward solving parking problems in the downtown. Mayor Shelton stated that he felt the City was in fine shape, and the principal reason is the dedication from the Council and staff to meet the needs of the public, and noted that he was proud to be a part of an organization of dedicated professionals. Mayor Shelton also noted the spirit of cooperation in the community. Mr. Baxter stated that each of the Department Heads would provide a brief summary of department activities. Mr. Murrel Crump, Community Development Director stated the final implementing phase of the Coastal Plan will be heard by the Coastal Commission in March, with the end result of clearer zoning and land use regulations. Mr. Crump noted that the City is in its second year of water allocations, with the greatest percentage of water allocations being granted to single family ✓ esidences. Mr. Crump stated that on the horizon are motel expansions, single family dwellings and some commercial e nterprises, to expand the base industry of tourism. Mr. Crump 2 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 P AGE THREE stated that the department's main goal will be to facilitate the policies and priorities of the Council. Mr. Nichols, Public Works Director, felt that despite changes in key personnel and budget cutbacks, the Department has been able t o continue to provide the public with on -going and uninterrupted services in the areas of water supply and distribution, w astewater collection and treatment, refuse collection, public t ransit, harbor operations and maintenance, street maintenance, storm drainage, park maintenance, property and equipment maintenance and civil engineering. Mr. Nichols noted the Department currently staffs four on -going citizen advisory committees and has been involved in several large projects including the Wastewater Treatment Plant expansion which is about 25% complete with a final completion goal of April 1985. Mr. N ichols stated that looking forward, several projects are planned t o assist in the collection system process. Mr. Nichols noted t hat in the Harbor Department, the San Mateo rescue stands out as t he greatest accomplishment and demonstrated admirably the capabilities of the Harbor Patrol. Mr. Nichols also noted other Harbor projects, such as a proposed agreement with the County for e mergency services in the Back -Bay, the completion of the breakwater project by the Corp of Engineers and maintenance d redging of the entrance channel. Mr. Nichols reviewed other programs including water line replacement, street maintenance construction of the Black Mountain Water Tank, ground water ✓ echarge program, transit programs and the completion and implementation of the new Transportation Development Plan, and w ell as future plans for other Public Works projects. Mr. Gary Napper, Assistant to City Administrator, stated that his d epartment covers personnel, risk management, safety and the Embarcadero leases. Mr. Napper stated that during 1983, the City saw a reduction in the permanent work force of 2.5%, with 21 ✓ ecruitments handled during the last 12 month period. Mr. Napper n oted three new management team members and said that while Morro Bay is on the lower rung of salary compared to other comunities in this area, the City employees are dedicated and proud of the w ork they do. Mr. Napper noted that the Personnel Rules and Regulations had been updated for the first time since 1965, and a t wo year labor contract was negotiated with all three bargaining u nits. Mr. Napper stated that in the area of risk management, t he largest event was the San Mateo. Mr. Napper noted that an active management plan as approved by Council last year is just n ow beginning to show results with a doubling of income from Embarcadero leases last year. Mr. Napper also noted the maintenance program and the auditing of gross receipts for the lease sites. 3 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 PAGE FOUR L ouise Burt, Finance Director, stated that this year's budget is o f particular note, as for the first time since Proposition 13, t he City's day to day operations have been funded with no deficit spending. Mrs. Burt also noted that Federal Revenue Sharing has been extended to 1987, which will allow the City to continue funding of many of its capital projects. Mrs. Burt noted that t he total cost of the WWTP project will be ten million, with ✓ oughly $8 million grant funded, and the remainder locally funded by Morro Bay and Cayucos, and stated that the grant anticipation n ote had been secured at 7% interest. Mrs. Burt stated that this money had in turn been invested at nearly 11% interest, which w ill allow the City to make a small profit on the transaction, w hich will help pay the City's portion of the project. Dave Howell, Police Chief, noted that 1983 was a year of transition for the Department, with a new chief, two sergeants, and a new lieutenant as well as several extended recruiting processes to bring the department up to full strength. Team building, as well as organizational and operational changes were made during the year, with implementation of existing policies such as rotatation of personnel. Chief Howell reviewed the year's statistics regarding calls for service and citations and arrests. Chief Howell noted that juvenile arrests have gone down 61%, mainly due to issuing citations for minor offenses, and serious crime dropped 39%. Chief Howell credited the success of the n eighborhood watch programs for this dramatic drop. Bernie Zerr, Fire Chief, noted that 1983 was the first year the Department had been involved with advanced life support and stated that in terms of fire protection, fire loss for dwellings during 1983 was $3,300, and reported that training was on -going in handling of hazardous materials. S teve Wolter, Recreation Director, stated that the Recreation Department participated in many community events including the Fireman's Muster, the Harbor Festival and many parades, and in addition participation increased over 25% in Recreation programs. Mr. Wolter noted that his Department provided staff for the Golf Course Advisory Board and the Community Conference Center Committee. Mr. Wolter noted that a $20,000 grant was recieved for renovation of Coleman Park, and a Proposition Grant I for 1980 of $33,000 to restructure Lila Keiser Park. Mr. Wolter noted t hat development of a five year master plan was begun in 1983 to determine what facilities in the city should be implemented and improved. Goals for 1984 include Phase I of Tidelands Park, improvements at the Morro Rock area, and street ends project. 4 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 PAGE FIVE Mayor Shelton thanked the staff for their reports and noted that a great deal of appreciation should also go to those members of the public who serve voluntarily on city -appointed committees and boards. Resolution of Commendation to Murrel Crump RCS 7-se4 Mayor Shelton presented a Resolution of Commendation to Murrel Crump for his service as Community Development Director and e xpressed the Council's appreciation for his efforts on the city's behalf. A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 RICHARD WEISS PRESENTATION ON C.H.I.P. COMMITTEE RECOMMENDATIONS Mr. Richard Weiss, Chairman of the Comprehensive Homeowner Insurance Program Committee, reported on the Committee's meetings and provided Council with the Committee's recommendation. Mr. Weiss reported that the due to several factors, such as the ✓ elatively recent implementation of the program and lack of adequate evidence of success, the Committee was not recommending t his program for the City of Morro Bay at this time. Mr. Weiss ✓ eported that the Committee did not feel that significant revenue would be gained by the City, nor would the savings to residents be substantial. Mr. Weiss stated that the Committee recommended that the City pursue the inspection portion of the program within the manpower of the police and fire departments. Mayor Shelton thanked the Committee for their excellent report. MOTION: Councilmember Risley moved that the Council accept the report and discharge the Committee with a thank -you by letter from the City. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) A-2 CONSIDERATION OF LOCATION FOR UNDERGROUND UTILITY DISTRICTS Mr. Nichols reviewed his staff report, and noted that in accordance with Council direction, additional information and proposed alternatives for formation and construction of underground utility districts has been prepared for Council's consideration. Mr. Nichols stated that according to P.G.&E. t here is at least $169,400 available for underground projects. The City may also use three year's future allocations for a total o f $299,600, with a possibility of use of two additional year's future allocations. 5 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 PAGE SIX Mr. Nichols noted that Pacific Bell and Sonic Cable TV do their u ndergrounding work in conjunction with PG&E, at their own cost. The customers would be required at their own expense, to pay for the switch from overhead to underground service and providing conduit up to their property lines. Mr. Nichols reviewed the options presented. Alternative 1, on the Embarcadero from 100' north of Beach Street up to about Virg's Landing would be approximately $125,000 to $150,000. Alternative 2, on the Embarcadero from Virg's up to approximately 150' north of steam plant entrance, estimated at $125,000 to $150,000. Alternative 3, from the PG&E plant out to the Rock, $125,000 to $150,000. Alternative 4, on the Embarcadero from South Street south to the launch ramp area, would cost approximately $100,000. Alternative 5, from the intersection of Beach and the Embarcadero, up Beach Street to Scott Street, was e stimated at $25,000. Mr. Nichols noted that PG&E has suggested an option to combine Alternatives 5, 1 and 2 into a project estimated to cost $250,000. By combining Alternative 3 into that project, the cost would be on the order of $375,000. Mr. Nichols reviewed the procedure to be followed in forming a district, noting that the staff would develop a proposed boundary map with design alternatives for street light fixtures to be submitted to the Planning Commission for approval or amendment. A hearing would be held with all affected property owners n otified and district formation would proceed with a public hearing, protests, testimony and filing procedure. Mayor Shelton opened the Hearing to the Public. Mr. Baxter noted that Area No. 4 is within Tidelands Park, and the staff would not be very supportive of an undergrounding project at this location, since this work might be incorporated in Phase II or III development. Mr. Baxter also noted that there has been discussion that the Coastal Conservancy may have funds available for Phase III of the T-Pier Project, which might include undergrounding of utilities, reconstruction of a ✓ estroom, and paving of a parking lot. Mr. Nichols noted that Mr. Bob Burke, representative of PG&E, would be available to answer any questions. Dorothy Kilfoil, member of the Audobon Society, supported u ndergrounding of utilities from the Embarcadero out to the Rock as a measure for bird preservation. Howard Gaines felt that Mr. Dorn should be required to comply w ith his performance bond, and the City should notify him to 6 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 PAGE SEVEN commence construction of the improvements along his property as previously agreed. Mr. Gaines felt that the potential delay due to consideration of underground utilities could be as long as 9 months. Al Jorge spoke in favor of undergrounding along Morro Bay Blvd. Dorotha Deutsch questioned the origin of the alternatives as presented by staff. Mr. Baxter stated that these alternatives reflected Council's previous direction and noted that the cost of undergrounding along Morro Bay Blvd. was much greater as there were more u tilities in that area. Mrs. Deutsch spoke in favor of undergrounding along Morro Bay Blvd, and felt that this option should be considered by Council. Mayor Shelton stated that Morro Bay Blvd. was considered, however it was determined that undergrounding was also needed along the Embarcadero. MOTION: Councilmember Lemons moved that the Public Hearing be closed. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) Councilmember Anderson questioned the total cost of the combined alternatives 1, 2, 3 and 5. Mr. Nichols noted that this project would run over the amount available, however it was suggested as good fundable project to complete the undergrounding out to the Rock. Councilmember Anderson felt the City should avoid a "checker- board" effect, and noted that if the dollar amounts has changed and could effect the amount of Morro Bay Blvd. that could be done he would be in favor of reviewing this area again. Mr. Nichols noted that in 1982, PG&E had indicated the cost for u ndergrounding Morro Bay Blvd. from Main Street to Hwy. 1 would be about $360,000. Councilmember Anderson expressed interest in reviewing this o ption, however he felt that wherever the district is decided to be, it should tie into an existing undergrounded area. Councilmember Risley stated that he felt the cost as stated by Mr. Nichols for undergrounding Morro Bay Blvd. were much lower than previously stated by PG&E. 7 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 PAGE EIGHT Councilmember Risley did not feel that city money should be appropriated for this purpose, and the cost of the undergrounding district should not exceed the funds available from PG&E. Councilmember Risley suggested a policy that no city funds will be spent and recommended that the district start at the Rock and proceed along the Embarcadero southward, and suggested that all potential funding sources be explored. Councilmember Lemons asked if the money to be borrowed from future years was included in the estimated total available. Mr. Nichols stated that the $299,600 would include borrowing ahead for three years allocation. Mr. Baxter suggested that this item be held over for one meeting, to allow time to check with the Coastal Conservancy regarding the possibility of funding of Phase III of the T-Pier and allow for additional time to determine the potential of borrowing an additional two years allocation from PG&E. Mr. Lemons felt that the underground district should begin at the south end of the Embarcadero and continue northward. Councilmember Zeuschner felt that the possibility of borrowing an additional two years allocation from PG&E was intriguing as well as the potential of funding from the Coastal Conservancy. Councilmember Zeuschner agreed that all sources should be considered. Councilmember Zeuschner felt that if the entire area was done at once, the cost might be less, and asked if staff could investigate the potential of funding from the Coastal Conservancy. MOTION: Councilmember Zeuschner moved to continue this hearing to the next meeting with direction to staff to investigate the potential of funding from the Coastal Conservancy for Phase III of the T-Pier project, as well as the possibility of borrowing an additional two years allocation from PG&E. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) Councilmember Anderson asked if staff could also inquire into the Morro Bay Blvd. option. Councilmember Risley also requested more accurate cost information. Mr. Nichols agreed that these are preliminary estimates only, and once the boundaries of the district are established, final estimates will be prepared. 8 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 PAGE NINE Councilmember Zeuschner also felt staff should investigate how this undergrounding consideration might affect the homeowner at Beach and Embarcadero and his responsibility to complete his improvements. Mr. Baxter indicated that Mr. Dorn had been notified to hold off o n constructing his improvements until the City had determined where the undergrounding district boundaries would be designated. Mayor Shelton felt staff should direct itself towards the north e nd of the Embarcadero and maximize this project. Councilmember Lemons felt that if the figures were accurate, and if additional allocations can be borrowed, alternative 1, 2, 3 and 5 could all be completed. Mayor Shelton did not feel that area 5 was significant in the attempt to underground the Embarcadero. There was additional discussion regarding alternatives for u ndergrounding. A-3 CONSIDERATION OF OPERATING AGREEMENT FOR SENIOR CENTER AND ESTABLISHMENT OF FACILITY RENTAL FEES 6„, 1.0 Mr. Wolter reviewed the staff report with Council, and noted that as a result of some problems the Senior Center has had regarding possessory interest tax, the operating agreement between the Morro Bay Senior Citizens and the city has come under review. Mr. Wolter noted that upon review of the agreement it was determined that the original agreement was not being used as the basis for scheduling the senior center. The Senior Citizens began scheduling the center in 1982, and there was never a change in the original agreement. Mr. Wolter stated that Mr. Rodgers, President of the Senior Citizens, has requested that the original o perating agreement be used to define the responsibilities of the staff and the Senior Citizens. Mr. Wolter noted that the scheduling of the Senior Citizens would not impact the Recreation Department extensively. Mr. Wolter also noted that currently no ✓ ental fees are charged for other users of the center, and fees w ould be implemented if the Recreation Department took over scheduling. Mr. Jim Rodgers, President of the Senior Citizens, thanked the staff for their cooperation in this matter, and noted that the Senior Citizens were in agreement with the staff recommendation and the implementation of a fee schedule for other users. 9 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 PAGE TEN Mayor Shelton opened the hearing to the public. There was no comment. MOTION: Councilmember Lemons moved that the Public Hearing be closed. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) MOTION: Councilmember Zeuschner moved to adopt the Resolution establishing fees for the use of the Senior Citizens facility and authorize staff to commence scheduling of the center, and approve the agreement as submitted. The motion was seconded by Councilmember Risley and carried by a unanimous roll call vote: AYES: Zeuschner, Risley, Anderson, Lemons, Shelton NOES: None ABSENT:None • A-4 CASE NOS. LUP 02, 03, 04 - CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION TO AMEND COASTAL LAND USE PLAN BY CHANGING THE LAND USE DESIGNATION FOR VARIOUS AREAS IN THE CITY Mr. Multari, Associate Planner, reviewed the staff report ✓ egarding the Land Use Plan amendments. Mr. Multari noted that public hearings regarding these proposed amendments had been held by the Planning Commission, and changes to nine areas of the city are now being recommended. Mr. Multari briefly described each area. Mr. Multari summarized Area 1, located on the northeast corner of Pico and Main Street, and stated that it is currently designated for neighborhood commercial and the proposed change is to mixed u ses, which would allow motels, with the implementing zoning being recommended as Visitor Serving Commercial with R-4. Mr. Multari stated that the Planning Commission was recommending this change to allow the existing motels to be conforming. Area 2, described as east of Ironwood and north of Ponderosa, is currently designated as low -medium density and the proposed change is to low density with RA implementing zoning. Mr. Multari noted that the existing uses are single family residences o n large lots. Mr. Multari stated that Area 3, located west of Little Morro Creek Road is designated currently for light industrial with a proposed change to low -medium density residential. 10 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 P AGE ELEVEN Mr. Multari noted that this area is the site of a small ✓ esidential neighborhood which is non -conforming under the current designation. Mr. Multari stated that Area 4 is west of Main Street and north o f Surf, and is presently medium density residential with the proposed change to mixed uses, primarily offices, with a GO implementing zoning with a PD overlay. Mr. Multari noted that this land is under one ownership. Area 5, located on both sides of Dunes Street to Monterey, is presently designated for low -medium residential with a proposed change to high density residential R-4. Mr. Multari noted that t his is the site of many existing multi -family developments. Mr. Multari described Area 6 as an L-shaped parcel on Main Street near Morro Bay Blvd. going towards Driftwood and along P acific Street west to Market and noted that it is presently d esignated as mixed use however the only allowable uses are Visitor -Serving Comercial with a proposed change to allow a wider ✓ ange of commercial uses and to allow residential and offices. Area 7 is divided into two parts, the north side of Pacific from Main to Kern Street, and both sides of Main Street from Driftwood to Olive. Mr. Multari noted that these areas are designed as mixed use, which allows Visitor -Serving Commercial and no offices o r residential, and the proposed change would be to allow mixed uses, specifically offices and residential. Mr. Multari stated that Area 8 is the east side of Piney, currently designated as low -medium density with a proposed change to medium density residential, with an R-2 implementing zoning. L astly, Mr. Multari described Area 9, which is the east side of Kings, between Carmel and Balboa, but excluding lots fronting on those two streets. Mr. Multari noted that this area is characterized by large lots, and is currently designated high density with a proposed change to medium density. Mr. Multari added that while there are some existing multi -family units, most o f the development is single family. Mr. Multari stated that staff is recommending the above changes and has prepared a draft Resolution should Council desire to approve the land use plan amendments. Mr. Multari noted that any land use plan changes adopted by Council will be forwarded to the Coastal Commission and will not take effect until certified. Mayor Shelton then opened the Public Hearing for testimony. 11 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 PAGE TWELVE Councilmember Zeuschner suggested that the Areas be discussed separately and all comments be received for each area individually. Mayor Shelton agreed, and asked for comments on Area 1. There were no comments on Area 1. Mayor Shelton asked for comments on Area 2. There were no comments on this Area. Mayor Shelton opened the hearing for comments on Area 3. N o comments were recieved for Area 3. Mayor Shelton asked for comments on Area 4. Mr. Stu Baron stated that he was the buyer of the property in q uestion, and had made the request for a change in land use d esignations. Mr. Baron spoke regarding the traffic problems at t his location, and the uses appropriate for this parcel. Mr. Baron stated that his request was for an intermediate type zoning t o allow a mixed use of residential and perhaps office/commercial. Councilmember Risley asked if Mr. Baron was aware of the topography and traffic problems with this area. Mr. Baron stated that he recognized the problems associated with this site. Councilmember Anderson stated that the City would be quite amenable to the suggestion of a traffic signal at this location. Councilmember Zeuschner asked if the mixed use designation proposed would allow the type of uses suggested by Mr. Baron. Mr. Multari stated that this designation would not allow other uses besides office and noted that the Planning Commission was concerned about the traffic problem at this intersection with commercial development. Mr. Multari stated that the LUP could be amended at this point or concurrently with the project proposal. Councilmember Risley questioned the designation or ownership of the five lots adjacent to the parcel. 12 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 PAGE THIRTEEN Mr. Multari stated that the lots were owned by PG&E and designated for light industry. Mr. Baxter suggested that action be held off on Area 4 and referred back to the Planning Commission to consider the development proposal first. Mr. Multari stated that the property has not actually changed hands from the owner who made the first request. There was additional discussion regarding surrounding land use designations and the uses to be permitted on this site. Councilmember Lemons asked why uses would be limited to offices if there is a PD overlay on this area and felt that the Planning Commission and City Council would have final approval of any proposal. Mr. Multari stated that there is no flexibility in terms of use, and stated that a special zoning designation would have to be determined. MOTION: Councilmember Lemons moved that the zoning designation for Area 4 be such as to permit those uses mentioned, to include office and medium density residential. The motion was seconded by Councilmember Zeuschner and carried by a unanimous roll call vote. (5-0) Mayor Shelton then asked for comments regarding Area 5. There were no comments regarding Area 5. Mayor Shelton stated that comments would be received regarding Area 6 and Area 7. Mr. Doubledee stated that he was satisfied with the proposed amendment. Mr. Albert Jorge spoke regarding Area 6, and supported the proposed land use change. Dorotha Deutsch was concerned about the residential area towards Kern, and felt that the area was not suitable for commercial as proposed. Councilmember Anderson stated that this area was not commercial but residential. 13 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1934 PAGE FOURTEEN Mr. Multari stated that this area was proposed for R-4, high density residential which will allow offices and motels, with a u se permit. Mrs. Deutsch stated that she objected to any office or motel use, as the street could not handle the added traffic, and felt that t he area was more suited for medium density residential. Allen Estes spoke regarding Area 7, and requested clarification o n mixed uses, and whether it could include such uses as fast food restaurants. Mr. Multari stated that theorectically it could, it would however require a use permit and public review and noted that he was doubtful that such uses would be found compatible. Mr. Estes felt those services are currently provided in the downtown area and along the Embarcadero, and felt that it should ✓ emain as currently designated. Bob Blake, requested clarification regarding the mixed use, and if it would allow office use. Mr. Multari stated that office useage would be allowed in the Mixed Use designation. Mr. Blake then spoke in favor of the staff recommendation. Councilmember Zeuschner asked if the R-4 zoning would encourage more residential development. Mr. Multari agreed that with the R-4 zoning, the most likely d evelopment would be offices and residences. L inda Estes requested clarification regarding the proposed change. Mr. Multari stated that the existing designation would allow Visitor Serving Commercial, including restaurants, and if changed t o the R-4 designation as proposed, it would allow primarily ✓ esidences but also offices and motels. Mrs. Estes felt that the area from Marina south of Olive should be restricted to residential only. Councilmember Anderson questioned the need for a use permit in t his area. 14 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 PAGE FIFTEEN Mr. Multari explained the process for granting a use permit, and stated that before any office, condominium or motel use could be approved, it would require review and evaluation of the project for compatibility with the area. Mr. Multari reviewed the findings and processes that the Planning Commission must comply w ith. Malcolm Deutsch spoke regarding use permits, and felt that they w ere not enforced. Mr. Deutsch also spoke in opposition to the proposed designation of Area 7 and felt it was not a homogeneous area and should not be taken as one area. Mr. Multari stated that different alternatives could be taken in this area, such as a block by block analysis, or possibly a PD o verlay which would require a use permit and Planning Commission ✓ eview of most all uses. Councilmember Lemons felt that motels in this area would not be u nlikely in future years. There was additional discussion about present uses in this area. MOTION: Councilmember Zeuschner moved that the Planning Commission explore the possibility of a transitional R- 3 zoning for the area of Anchor Street south on Main Street and the area of Bernardo east on Pacific Street as designated on the map for their comment, review and recommendation. The motion was seconded by Councilmember Risley. Mayor Shelton felt that this area should be referred back to the P lanning Commission for additional review. Councilmember Risley supported the need for additional review by t he Planning Commission. Councilmember Anderson asked if the other areas could be approved, excepting those mentioned above in the motion. The Council then voted on the above motion by Councilmember Zeuschner: AYES: Zeuschner, Risley, Lemons, Anderson, Shelton NOES: None ABSENT:None 15 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 PAGE SIXTEEN Councilmember Lemons questioned the zoning along Anchor and the apartment complexes in that area. Mr. Multari noted that the apartment complexes in that area would be non -conforming. MOTION: Councilmember Lemons moved that the Planning Commission review the zoning along the south side of Anchor Street from Shastato Main St. to bring the non -conforming existing structures into conformance. The motion was seconded by Coucilmember Risley and carried unanimously. (5-0) Mayor Shelton stated that comments would be taken regarding Area 8. Mr. Mel Malloy objected to the proposed designation, and felt that it would encourage multi -story residences because of the ✓ equired lot size. Frank Thompson objected to the increase in density. Mr. Multari defined the number of units allowed in the proposed density. Mr. Malloy stated that most of the people in the neighborhood did n ot understand the proposed designation. Mr. Doubledee objected to any two story dwellings being allowed in the neighborhood. Councilmember Anderson asked what the height limitation was in an R-1 zone. Mr. Multari stated that the height limit does not change from zone to zone, however if a property owner is trying to get an e xtra unit on a lot, he may go to a two story unit for extra space. Councilmember Anderson asked the average lot size in this area. Councilmember Risley stated that most are 50' x 115' and one lot is 40' wide. Jane Von Keohe felt that an ordinance should be enacted to protect the individual's view. Mayor Shelton asked for comments on Area 9. 16 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 PAGE SEVENTEEN There were MOTION: no comments. Councilmember Zeuschner moved that the Public Hearing be closed. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) Councilmember Zeuschner commended the report and recommendations from the Planning Department. Councilmember Risley asked several general questions regarding land use designations in the areas under consideration, the change in overall density within the City, the noticing ✓ equirements for residents in these areas, and the public hearings previously held by the Planning Commission. Mr. Multari provided information and clarification for Councilmember Risley on the above items. There was additional general discussion regarding the areas under consideration. MOTION: Councilmember Lemons moved that Council approve the Resolution as amended for Areas 1, 2, 3, 5, 8 and 9 and for Areas 4, 6 and 7 as amended by previous Council motion. Seconded by Councilmember Anderson, 'roll 'call vote: AYES: Lemons, Anderson, Risley (except Area 8 - abstain), Zeuschner NOES: Shelton ABSTAIN: Risley (Area 8 only) Council recessed at 10:45 p.m. and reconvened at 10:50 p.m. Council agreed to consider item A-6 before A-5. A-6 REPORT OF PUBLIC HEARING REGARDING SECTION 18 APPLICATION FOR REPLACEMENT OF TRANSIT VEHICLE Mr. George Rubaloff provided the staff report to Council, and e xplained the procedures involved with the Section 18 of the Urban Mass Transportation Act, and informed Council that the City is currently in the official application period. Mr. Rubaloff n oted that the proposed vehicle for replacement is a 1977 Argosy, currently used as an auxillary bus, which has a history of high maintenance. Mr. Rubaloff stated that staff is proposing to place the newer bus in daily use, with the 1980 Wide One Bus into auxillary status. 17 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 PAGE EIGHTEEN Mr. Rubaloff noted that if staff is authorized to submit the application, grant award notification would probably occur sometime in May, at which time formal bid documents could be prepared, with a delivery date of November 1984. Mr. Rubaloff stated that staff has prepared an application to ✓ equest the Section 18 funds in the amount of $22,668 which is 80% of the total anticipated cost. Mr. Rubaloff stated that the City is also required to identify the local match funds on the application, in the amount of $5,667. Staff has identified TDA, STDA or General Funds as the source of this matching fund. Mr. Rubaloff stated that a public hearing had been scheduled for this meeting to receive public comment. Mayor Shelton opened the Public Hearing. Mr. Howard Gaines stated that he had not seen a staff report ✓ egarding this item. Mr. Baxter noted that a public copy of the report had been available at the front counter of City Hall. There were no other comments from the public. MOTION: Councilmember Lemons moved that the Public Hearing be closed. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) Mayor Shelton questioned the deadline for determining the availability of the matching funds. Mr. Rubaloff stated the City should determine the availability of matching funds by June, to coincide with the bid process for the ✓ ehicle. Councilmember Anderson noted the fact that the transportation n eeds for the next year might not take as much General Fund monies as in the past. Mr. Rubaloff stated that currently the Council of Governments staff is addressing this question to Cal Trans attorneys, and the City will be receiving budget figures at the next North Coastal Meeting and will be able to make some projections as to the City's share costs. Councilmember Anderson stated that the City is not in a position to increase its monetary contribution, and noted that he would ✓ eiterate this fact at the North Coastal District meeting. 18 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 PAGE NINETEEN MOTION: Councilmember Zeuschner moved that the Council accept the staff recommendation and adopt the Resolution authorizing an applicaton for transportation funds for a replacement vehicle, and authorize the City Administrator to sign all related documents. 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 A-5 REVISION TO PROPOSED AMENDMENT TO ORDINANCE NO. 22 AND MORRO BAY MUNICIPAL CODE SECTION 14.44.040 - CONSTRUCTION OF STREET IMPROVEMENTS Mr. Nichols stated in accordance with Council's earlier request, a revised draft of the proposed ordinance has been prepared. Mr. t ichols noted that the existing ordinance requires the City to provide and construct additional street paving when new curb and gutter is constructed. Mr. Nichols noted that in light of budgetary constraints, the City is no longer able to continue this level of service, and the proposed ordinance would place t his burden on the developer. Mr. Nichols informed Council that t he ordinance had been revised to remove the requirement that the developer to reconstruct existing paving however language has been added to require that if the edge of the new gutter is higher than to or lower than 4% crown from the edge of the e xisting paving, than reconstruction of the existing pavement would be required to provide proper crown. Mr. Nichols noted t hat this requirement would not apply to builders of single family residences who are not required to construct curb and gutter where none now exists. Mayor Shelton opened the Public Hearing regarding this item. Mayor Shelton reviewed the previous ordinance and the revisions t hat had been made. Councilmember Risley questioned whether new residences are ✓ equired to construct curb and gutter now. Mr. Nichols stated that builders of single family residences are n ot required to construct the curb and gutter. 19 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 PAGE TWENTY MOTION: Councilmember Lemons moved to close the Public Hearing. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) Mayor Shelton felt that the original draft of the Ordinance was perhaps too severe, however he did feel that some of the cost of street maintenance and repair should be borne by the builder and was in favor of this ordinance. Councilmember Lemons questioned certain language in the revised o rdinance and suggested alternative language. Mr. Nichols stated that the only time reconstruction of the street would be required by this ordinance, would be when it is n ecessary to provide proper crown to the street for drainage purposes. There was additional discussion regarding the ordinance and possible changes or alterations. MOTION: Councilmember Risley moved to read the Ordinance by title and number only, deleting all but the first paragraph. The motion was seconded by Councilmember Lemons and carried by a unanimous vote. (5-0) Mr. Baxter read the Ordinance as amended by title and number o nly. po.a5'7 MOTION: Councilmember Lemons moved to read the Ordinance for a first reading. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: NOES: ABSENT: L emons, Risley, Anderson, Zeuschner, Shelton N one N one Councilmember Zeuschner suggested a small change from "developer" to "developers". Council concurred with this change. B. UNFINISHED BUSINESS B-1 REQUEST BY LANNY MCKAY FOR WATER HOOK-UP FEE WAIVER Mr. Baxter noted that his item was continued from two previous meeting at the request of Mr. McKay and questioned whether 20 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 PAGE TWENTY-ONE Council wished to continue the matter further. Mr. Baxter ✓ ecommended that Council uphold the findings of Resolution 74-77 and indicate that a fee charge would be necessary for any hook- u p to the system. MOTION: Councilmember Risley moved that Council concur with the findings in Resolution 74-77. The motion was seconded by Councilmember Zeuschner and carried by the following roll call vote: Councilmember Lemons wondered if Mr. McKay had been notified or consulted with regarding this continuance. Mr. Baxter stated that Mr. McKay was notified after the last meeting that his appeal would be rescheduled to the 23rd of January, and he was also sent an agenda. Mr. Baxter also noted t hat the larger policy question should be answered regardless of Mr. McKay's attendance. AYES: NOES: ABSENT: ABSTAIN: Risley, Zeuschner, Anderson, Shelton N one None L emons B-2 SEWER USE FEES ON CONDOMINIUM AND APARTMENT IRRIGATION SYSTEMS Mr. Nichols stated that as directed by Council, staff has revised t he recommendation regarding alternatives for Council consideration. Mr. Nichols described several options for Council including maintaining the status quo and continuing in the policy o f not charging sewer use fees for certain yard meters; charging t he sewer use fee or increasing the water rate for certain uses. Mr. Nichols also noted that other types of user not being charged sewer use fees might also be considered such as the recent ✓ equest from the Mormon Church. Howard Gaines stated that the apartment and condominium uses should be charged the same sewer use fee as all residential customers. Councilmember Risley felt that the City cannot continue the e xisting policy of not charging sewer use fees for some users. Councilmember Risley felt the easiest way would be to simply charge the sewer use fee for all users. 21 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 PAGE TWENTY-TWO Councilmember Risley stated that he was intrigued by the idea of increasing the water rates for those users who are exempted from the sewer use fee. Mr. Baxter noted that the question of developing a more sophisticated rate structure may be beyond the capabilities of t he City's human and mechanical resources. Mr. Baxter requested t hat Council keep any direction compatible with the current system. Coucilmember Lemons questioned the amount of the domestic water u se that is discounted for sewer fees. Councilmember Zeuschner felt that there should be a discouraging factor placed on the water rates. Mayor Shelton suggested that perhaps a review of the entire rate structure might be in order. Council discussed alternatives for resolving this situation. Council directed that staff review the history of the water and sewer rates and return with additional information for the meeting of March 26. C. NEW BUSINESS C-1 MID -YEAR FINANCIAL REPORT Mrs. Louise Burt presented the mid -year financial report for Council's consideration, and detailed the revenue and e xpenditures to date. Mrs. Burt noted that expenditures are on line and revenues have exceeded those expected. Mrs. Burt also ✓ eviewed the status of the WWTP grant anticipation loan and expected expenses related to this project. Mayor Shelton stated that he would like to delve into the report in more depth but felt that the hour was too late. Councilmember Risley also noted that he had questions, and stated t hat he appreciated the improved format although he felt it could be simplified and that staff should provide a synopsis and summary for Council. MOTION: Councilmember Zeuschner moved that Council accept the ✓ eport as submitted and that any questions concerning t he report be raised at a later time. The motion was 22 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 P AGE TWENTY-THREE seconded by Councilmember Risley and carried unanimously. (5-0) C-2 CONSIDERATION OF SALE OF HEMLOCK STREET MINI -PARK Mr. Wolter stated that the Parks and Recreation Commission was unanimously recommending the sale of the Hemlock Street mini - park, and noted that they had received no public comment during their consideration. Mr. Wolter stated that the Commission had also strongly recommended that the proceeds from the sale of the park be used to renovate Coleman Park. Mr. Wolter reviewed the legal requirements for the sale of the park, and noted that a Resolution must be adopted and posted properly, announcing a P ublic Hearing in 30 days. S cotty Campbell stated that his property adjoins the mini -park and objected to the sale of the park. Mr. Campbell stated that park is used by pedestrians and cars as a right-of-way. Jane Von Keohe also objected to the sale of this park. MOTION: Councilmember Lemons moved to adopt the Resolution as submitted and set a Public Hearing for this item for February 27, 1984, 7:30 p.m. The motion was seconded by Councilmember Anderson and carried unanimously. (5- 0) . D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF 1/9 AJOURNED AND REGULAR MEETINGS Mr. Baxter recommended that the minutes of January 9, regular and adjourned meetings be approved as submitted. D-2 CHAMBER OF COMMERCE MONTHLY REPORT FOR DECEMBER 1983 Mr. Baxter recommended that the report be received for file. D-3 CITY OF MORRO BAY EXPENDITURE REPORT FOR DECEMBER 1983 Mr. Baxter recommended that the Expenditure Report be approved as submitted. D-4 RESOLUTIONAOF COMMENDATION FOR MURREL CRUMP Mr. Baxter recommended that Council adopt the Resolution as submitted. 23 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 P AGE TWENTY-FOUR D-5 PROPOSED PAINTING OF RED CURBS - VICINITY OF BAY PINES TRAILER PARK Mr. Baxter recommended that Council adopt the Resolution providing for parking prohibition on Quintana Road east of Bay P ines Trailer Park. D-6 CPI ADJUSTMENTS FOR HARBOR MOORING AND DOCKAGE FEES Mr. Baxter recommended that Council confirm and adopt the adjusted Harbor Fee Scedule as submitted. D-7 PROCLAMATION REGARDING THE CELEBRATION OF PUBLIC EDUCATION Mr. Baxter recommended that Council authorize the Mayor to proclaim Celebration of Public Education Day as requested. D-8 PROCLAMATION TO DECLARE FEBRUARY 5 THROUGH 11 AS SCOUTING WEEK Mr. Baxter recommended that Council authorize the Mayor to P roclaim Scouting Week as requested. D-9 RESOLUTION REQUESTING COUNCIL OPPOSITION TO HR4103 RE: CABLE LEGISLATION Mr. Baxter recommended that Council adopt the Resolution as submitted. Councilmember Lemons requested that D-5 be pulled. MOTION: Councilmember Risley moved that Council adopt the Consent Calendar with the exception of item D-5. 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 Howard Baldwin, manager of the Bay Pines Trailer Park, stated t hat there exists a dangerous situation at the entrance and exit to the Park, and requested that the parking be prohibited. 24 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 P AGE TWENTY-FIVE Councilmember Lemons requested that the language be changed in t he Resolution to strike the words "a hazardous condition does exist" and substitute "a need for parking restrictions exists". Councilmember Risley felt that the park should have a stop sign at the exit to the Park. Mr. Baldwin stated that there was no place to locate a sign, and people have to stop anyway to exit the park because of traffic. MOTION: Councilmember Zeuschner moved that item D-5 be adopted as recommended, with the above amendment as stated by Councilmember Lemons. 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 E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL Councilmember Zeuschner inquired about a potential grant available from the Coastal Commission to assist with the implementation of the Water Management plan, and questioned whether the staff is actively pursuing this grant. Mr. Nichols stated that staff is actively working on a grant application. Councilmember Risley asked if the City had received a copy of the Management Report from Pismo Beach. Mr. Baxter stated that the City had not received a copy yet, as P ismo Beach did not have a final copy to send. Mayor Shelton noted that this July 15 will be the City's twentieth anniversary, and wondered if there were any ideas for observance of this date. Councilmember Lemons suggested a cooperative effort with the Chamber of Commerce in conjunction with the annual Fourth of July celebration. 25 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1984 PAGE TWENTY-SIX E-2 CITY ATTORNEY None. E-3 CITY ADMINISTRATOR Mr. Baxter recommended that Council adjourn to January 24 at 7:00 p.rn. for a Study Session regarding VRM. MOTION: Councilmember Risley moved to adjourn to January 24, 1984 at 7:00 p.m. for a Study Session. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) The meeting was adjourned at 12:37 p.m. RESPECTFULLY SUBMITTED, —4e_ e_4 NLLIE CECIL COMMUNITY DEVELOPMENT SECRETARY 26