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HomeMy WebLinkAboutCC_1985-02-11 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING -FEBRUARY 11, 1985 RECREATION HALL -7:30 P.M . ROLL CALL PLEDGE OF ALLEGIANCE AGENDA INVOCATION -TOM DILLARD, ESTERO BAY UNITED METHODIST CHURCH Memb er s of the public wishing to address the Council are requested to limi t thei r comments to a 5 minute time period. PRESENTATIONS: EMPLOYEE SERVICE AWARD PINS A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 OARS PRESENTATION/FUNDING REQUEST (AID TO AGENCIES) A-2 WEED ABATEMENT APPEAL -1984 A-3 EXPENDITURE PROGRAM, FY 84-85 UNALLOCATED RESERVE FUNDS B. UNFINISHED BUSINESS B-1 CONSENT TO SUB-LEASE LEASE SITES NO. 93-95W (GREY HERON/GRAHAM'S LANDING) B-2 ORDINANCE NO. 269 AMENDING CERTAIN SECTIONS OF THE MUNICIPAL CODE, CHAPTER 2.04, 2.08, 2 .16 AND 2.20, RELATIVE TO ADMINIS- TRATION OF THE CITY -SECOND READING C. NEW BUSINESS C-1 REQUESTED ABANDONMENT OF CITY-OWNED PROPERTY ADJACENT TO PINEY LANE C-2 QUARTERLY REPORT -ANIMAL CONTROL ACTIVITIES (PULLED) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JANUARY 28, 1985 D-2 AMENDMENTS TO JOB CLASSIFICATION PLAN D-3 ALLOCATION OF FUNDS FOR SANDSPIT STABILIZATION D-4 RESOLUTION NO . 6-85 COMMENDING SAN LUIS OBISPO CITY POLICE CHIEF ROGER L. NEUMAN UPON RETIREMENT D-5 SET DATE TO HEAR APPEAL ON PLANNING COMMISSION APPROVAL OF CUP 38-84 -TRAVEL LODGE MOTEL -JERRY HEMPENIUS, APPLICANT MORRO BAY CITY COUNCIL AGENDA FEBRUARY 11, 1985 -PAGE TWO D. CONSENT CALENDAR (cont.) D-6 SET DATE TO HEAR APPEAL ON PLANNING COMMISSION DENIAL OF TENTA- TIVE PARCEL MAP MB 83-232 -JAMES CHAMBERS, APPLICANT D-7 AWARD OF BID FOR PURCHASE OF 2 1/2 TON DUMP TRUCK -PW 85-035 E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY F. ADJOURNMENT MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -FEBRUARY 11, 1985 RECREATION HALL -7:30 P.M. Mayor Zeuschner called the meeting to order at 7:30 p.m. ROLL CALL PRESENT: ABSENT: STAFF: Bud Zeuschner Ray Kaltenbach Jim Miller Bruce Risley Rose Marie Sheetz None Gary Napper Michael Lesage Louise Burt Forrest Henderson Dave Howell Michael Multari Nick Nichols Roger Pelletier Steve Wolter Bernie Zerr Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Finance Director Asst. to City Admin. Police Chief Comm. Development Dir. Public Works Director Engineering Recreation Director Fire Chief Deputy City Clerk The Pledge of Allegiance and invocation was led by Horace Strong. PRESENTATIONS Mayor Zeuschner presented service award pins to the following employees: 5-Year Pins Paul Deis, Fire Fighter Judy Mendonca, Dispatch Clerk Manuel Silva, Police Officer 10-Year Pin Frederick Harpster, Fire Engineer 20-Year Pin Manuel Vanancio A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 OARS PRESENTATION/FUNDING REQUEST (AID TO AGENCIES) Mr. Napper reviewed this matter and noted that there was $250.00 remaining in the budget in the Aid to Other Agencies account. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -FEBRUARY 11, 1985 PAGE TWO Mayor Zeuschner opened the matter to the public for comment. Terri Rebenstorf, coordinator for the Ongoing Access to Recrea- tion and Sports (OARS), explained to Council that the OARS pro- gram was to provide a recreation program for the disabled. About 10 people from Morro Bay are currently in the program and she is requesting funding from the cities to keep the program since the federal grant initially received was only for one year. Cal Poly is currently providing assistance in the form of an office location for the program; the original grant of ' $48,000 purchased equipment and some staff time. MOTION: Councilmember Risley moved that this matter be closed to the public. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) MOTION: Councilmember Miller moved that $250.00 be allocated to the OARS program. The motion was seconded by Council- member Sheetz and unanimously carried. (5-0) Mr. Napper noted that Item C-2, Animal Control Report, had been pulled from the agenda and would be scheduled at a later date. A-2 WEED ABATEMENT APPEAL -1984 Mr. Nichols reviewed the annual weed abatement program. He stated that this hearing was for the purpose of allowing prop- erty owners who had had their lots cleared to protest charges which had appeared on their property tax bill. To date, the City had received only one protest from a property owner who maintains that he never received notification. Problems of this nature arise when property changes hands and the previous prop- erty owner receives the notification. The County has advised the City that this is a common problem in weed abatement programs. Mayor Zeuschner opened the matter to the public for comments. Mark Morrison stated that he had allowed his lot to be mowed by the City this year because he was under the impression, from reading an article in the Sun-Bulletin, that the weed abatement program would help provide jobs for young people. However, when he had received his tax bill, the charge was twice what he usually pays if he contracts for the mowing himself. He felt that he had been misled. Mr. Nichols stated that the City had gone to bid on this project and awarded the contract to the low bidder. The low bidder, however, had performed the contract by hand labor rather than MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -FEBRUARY 11, 1985 PAGE THREE machinery. Additionally, the City had decided that property owners would also be charged for the debris removal on the lots; and the fee recovers City staff time required to administer the program. MOTION: Councilmember Sheetz moved that the hearing to the public. The motion was seconded member Kaltenbach and unanimously carried. be closed by Council- (5-0) Councilmember Risley asked about the number of lots cleared this year as opposed to last year. Mr. Pelletier of the Engineering Department stated that they had cleared less lots this year than last year; more people were clearing their own lots. Mr. Morrison was thanked for his comments which would help the City to better administer the program next year. MOTION: Councilmember Sheetz moved that Council deny the appeal of Freeman and Mihay. The motion was -seconded by Councilmember Risley and unanimously carried. (5-0) A-3 EXPENDITURE PROGRAM, FY 84-85 UNALLOCATED RESERVE FUNDS Mr. Napper reviewed the charts provided to Council and recom- mended that Council approve a concept as outlined by Chart C which includes the repayment of the $806,000 for the water loan and keeps 10% of the annual budget in reserve. Other charts included the priority ranking of Council's desires for the various projects suggested. Mr. Napper also stated that the Quintana Road realignment would only take $25,000 to complete the first phase of the project and he suggested putting the $70,000 left over from that project into a special account for groundwater research and development. Mayor Zeuschner opened the matter to the public. M'May Diffley stated that funds should be allocated for traffic improvements now in Morro Bay. She referred to a 1976 study which gave various suggestions for improving circulation and she stated that the major problems were the dangerous intersections at major and collector streets, downtown parking and Embarcadero circulation and parking. Rather than funding a new study, monies should go to implementing the needs now. John Lemons encouraged the Council not to lower water rates if they are able to pay back the water loan, those funds for improving the City's water system. Palmer stated that he understood the Council was going the funds as opposed to lowering water and sewer rates. and sewer but to use Charles to invest MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -FEBRUARY 11, 1985 PAGE FOUR Bob Ward supported the suggestion of investing the $806,000 to pay back the water loan. MOTION: Councilmember Sheetz moved that the hearing be closed to the public. The motion was seconded by Council- member Kaltenbach and unanimously carried. (5-0) Mayor Zeuschner stated that he had provided Council with a priority list based on the ranking of various projects by Councilmembers. First on the list was the water-sand separator, second the water loan repayment, third the water filtration, fourth street overlay, fifth the computer main frame and so on. Councilmembers generally agreed with the proposed Chart C as recommended by Staff. Councilmembers Kaltenbach and Miller were concerned about the filtration expenditure for the water wells 5 and 13. They had heard that those wells were dry and unable to produce. Mr. Nichols stated that they do draw down upon the same cone of depression and must be alternated for productivity. Councilmember Risley stated that the priority list was disturb- ing because it did not look like Council was giving water their top priority. He discussed the geologist's recent report and felt that funds should be budgeted to carry out the suggestions in that report for drilling test wells in specific locations. Mr. Napper noted that there would be a water fund balance at the end of FY 84-85 which could be used for further water explora- tion as well as the $70,000 recommended from the Quintana Road realignment proposal. MOTION: Councilmember Sheetz moved that Council adopt Chart C as amended to include the $70,000 allocated to ground- water research and development and instruct staff to implement the program accordingly. The motion was seconded by Councilmember Kaltenbach and unanimously carried by roll call vote. (5-0) B. UNFINISHED BUSINESS B-1 CONSENT TO SUB-LEASE LEASE SITES NO. 93-95W (GREY HERON/ GRAHAMS LANDING Mr. Napper reviewed this matter stating that the City has a lease for the subject lease site with Mr. Ted Brown. Recently Mr. Hutchison, prior leaseholder, has been attempting to sub- lease a portion of this site to the Ren Ni family. The problem is that the City cannot deal with Mr. Hutchison in this matter, but only with the leaseholder, Mr. Brown and to date, Mr. Brown has not requested a sub-lease to Ren Ni. However, because a MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -FEBRUARY 11, 1985 PAGE FIVE sublease to Ren Ni would remove Mr. Hutchison from the lease entirely, Council should consider encouraging Mr. Brown to enter into a sublease with Ren Ni. Mr. Napper suggested that Council approve the sublease, in concept with the 10 conditions listed by Mr. Wallace in his memo to Council and direct all parties involved to expedite achievement of this objective before the City has to enact measures for non-performance of the lease. The recommendation also includes a subordinate encumbrance for escrow fees due to Jerry Kennedy. Mayor Zeuschner stated that since this was a request for approv- al in concept only, perhaps Council could go ahead and approve the concept of removing Mr. Hutchison from the sublease and encourage Mr. Brown to enter into a lease agreement with Ren Ni. It was noted that legal documents to effectuate a sublease would come back for Council approval. Council was in favor of getting on with performance of the lease. MOTION: Councilmember Sheetz moved that Council approve in concept a sublease on Lease Sites No. 93-95W to Ren Ni by Ted Brown with the conditions listed and direct all parties involved to expedite the achievement of this objective. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) Joe Dennigan presented the City with a document Brown regarding instructions to pay commission; by a deed of trust on the lease site may be interest in lieu of cash payment. signed by Ted a note secured executed with B-2 ORDINANCE NO. 269 AMENDING CERTAIN SECTIONS OF THE MUNICIPAL CODE, CHAPTER 2.04, 2.08, 2.16 AND 2.20, RELATIVE TO ADMIN- ISTRATION OF THE CITY -SECOND READING Mr. Napper stated that this constitute the second reading of Ordinance No. 269 which includes a change in Council meeting times to 7:00 p.m. and provides for a public comment section on the agenda. MOTION: Councilmember Kaltenbach moved that Ordinance No. 269 be read by number and title only. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) Mr. Napper read Ordinance No. 269 by number and title. MOTION: Councilmember Risley moved for the adoption of Ordi- nance No. 269 and that this constitute the second and final reading of the ordinance. The motion was seconded by Councilmember Kaltenbach and unanimously carried by roll call vote. (5-0) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -FEBRUARY 11, 1985 PAGE SIX C. NEW BUSINESS C-1 REQUESTED ABANDONMENT OF CITY-OWNED PROPERTY ADJACENT TO PINEY LANE Mr. Nichols reviewed this request from Anita Sands and Otis Grubbs for the City to relinquish ownership of small portions of property fronting their lots. He noted the complexities in- volved and requested direction from Council as to whether they wished to put the property up for sale or authorize a quitclaim deed to the adjacent property owners. Mr. Lesage suggested that Council defer this matter until he has time to determine whether in fact the City does own the prop- erty. A title search will have to be done and the adjacent property owners should be charged for this and other adminis- trative expenses if the City agrees to quitclaim the property to them. Mr. Grubbs stated that he and Mrs. Sands would stand any legitimate expenses for quitclaiming this property to them. MOTION: Councilmember Miller moved that this matter be tabled until further information is known. The motion was seconded by Mayor Zeuschner and unanimously carried. (5-0) C-2 QUARTERLY REPORT -ANIMAL CONTROL ACTIVITIES (PULLED) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JANUARY 28, 1985 Mr. Napper recommended that the minutes be approved as sub- mitted. D-2 AMENDMENTS TO JOB CLASSIFICATION PLAN Mr. Napper recommended that Council approve the revisions as proposed. D-3 ALLOCATION OF FUNDS FOR SANDSPIT STABILIZATION Mr. Napper recommended that Council allocate $9,702.50 from the Harbor Emergency Reserve Fund for this project. D-4 RESOLUTION NO. 6-85 COMMENDING SAN LUIS OBISPO CITY POLICE CHIEF ROGER L. NEUMAN UPON RETIREMENT Mr. Napper recommended that Council adopt Resolution No. 6-85. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -FEBRUARY 11, 1985 PAGE SEVEN D-5 SET DATE TO HEAR APPEAL ON PLANNING COMMISSION APPROVAL OF CUP 38-84 -TRAVELODGE MOTEL -JERRY HEMPENIUS, APPLICANT Mr. Napper recommended that Council set the hearing date for February 25, 1985. D-6 SET DATE TO HEAR APPEAL ON PLANNING COMMISSION DENIAL OF TENTATIVE PARCEL MAP MB 83-232 -JAMES CHAMBERS, APPLICANT Mr. Napper recommended that Council set the hearing date for February 25, 1985. D-7 AWARD OF BID FOR PURCHASE OF 2 1/2 TON DUMP TRUCK 83-035 PW Mr. Napper recommended that Council award the bid to Palla Equipment, Inc. in the amount of $26,634.74. D-8 DEED OF CONVEYANCE TO PACIFIC GAS & ELECTRIC co.; TIDELANDS PARK (ADDED) Mr. Napper recommended Council approve the Deed of Conveyance and authorize the City Administrator to sign. MOTION: Councilmember Risley moved for the approval of the Consent Calendar, items D-1 through D-8. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL A. Mayor Zeuschner stated that he had conversations with members of the Friends of the Library with regard to putting a tile mosaic on the blank wall of the new library fronting on Shasta. Councilmembers felt that this was an excellent idea. MOTION: Councilmember Sheetz moved that the Mayor be authorized to contact organizations in the City to work on this project. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) B. Councilmember Miller stated that he did not get ap- pointed to the Men's Colony Advisory Committee through the sub- mission of his name by Senator Maddy's office; however, Assem- blyman Seastrand was submitting Councilmember Miller's name as one of his nominations to the Committee. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -FEBRUARY 11, 1985 PAGE EIGHT E-2 CITY ADMINISTRATOR A. Mr. Napper be in Monterey from California Cities Burt will be Acting stated that he and Forrest Henderson would February 13th through 15th for a League of City Manager's Department meeting. Louise City Administrator during this time. E-3 CITY ATTORNEY Mr. Lesage had nothing to report. F. ADJOURNMENT MOTION: Councilmember Risely moved that adjourned. The motion was seconded Sheetz and unanimously carried. (5-0) The meeting adjourned at 9:25 p.m. Recorded by, tllc:!dL ~iv Ardith Davis Deputy City Clerk the by meeting be Councilmember