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HomeMy WebLinkAboutCC_1985-04-22 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING -APRIL 22, 1985 RECREATION HALL -7:00 P.M. AGENDA ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION -LAN~E POLDBERG, CALVARY LUTHERAN CHURCH Members of the public wishing to address the Council are requested to limit their comments to a 5 minute time period. ORAL COMMUNICATIONS -Members of the audience wishing to address the Council on matters other than scheduled hearing items may do so when recognized by the Mayor, by standing and stating their name and address. Comments should normally be limited to three minutes. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PRELIMINARY CONSIDERATION OF GAZEBO CONSTRUCTION AT CITY PARK A-2 REQUEST FOR ASSIGNMENT OF LEASE SITES NO. 129W-133W BY PACIFIC SHELLFISH TO SANTA MARIA SEAFOODS A-3 CONSIDERATION OF CITY DRAFT HOUSING ELEMENT B. UNFINISHED BUSINESS NONE C. NEW BUSINESS C-1 QUARTERLY WATER SYSTEM ACTIVITIES REPORT C-2 AUTHORIZATION FOR COMMUNITY PROMOTIONS EXPENDITURES (PULLED) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF APRIL 8, 1985 AND ADJOURNED REGULAR MEETING OF APRIL 17, 1985 D-2 SILVA WELL (#8) LEASE RENEWAL (PULLED) D-3 APPROVAL OF FINAL MAP TRACT NO. 1174 (R. L. FISHER ET AL.) (PULLED) D-4 PROCLAMATION DECLARING MAY 1985 AS "HEAD START MONTH" D-5 RESOLUTION NO. 25-85 AWARDING BID NO. PW-85-100, TRAILER-MOUNTED SECTIONAL SEWER RODDER FOR A AGENDA -MORRO BAY CITY COUNCIL APRIL 22, 1985 -PAGE TWO 0-6 RESOLUTION NO. 26-85 AWARDING BID PW-85-106; WATER-LINE MATERIALS AND FIRE HYDRANTS D-7 1985 WEED ABATEMENT PROGRAM, RESOLUTION NO. 28-85 DECLARING WEEDS A NUISANCE AND FIRE HAZARD AND AUTHORIZING THE PUBLIC WORKS DEPARTMENT T(jPROCEED WITH ABATEMENT D-8 QUARTERLY CITY FINANCIAL STATEMENT 0-9 MONTHLY EXPENDITURE REPORT -MARCH 1985 0-10 STATEMENT OF INVESTMENTS D-11 CHAMBER OF COMMERCE MONTHLY REPORT -MARCH 1985 D-12 PROCLAMATION DECLARING MAY 1985 "BETTER HEARING AND SPEECH MONTH" D-13 REJECTION OF LIABILITY CLAIM AGAINST CITY (RANCHO COLINA MOBILE HOME COMMUNITY) D-14 RESOLUTION NO. 29-85 SUPPORTING SB885 D-15 TASK ORDER NO. 6 FOR CONSTRUCTION MANAGEMENT SERVICES AT WASTE- WATER TREATMENT PLANT E. E-1 E-2 E-3 F. INDIVIDUAL DETERMINATION AND/OR ACTION CITY COUNCIL CITY ADMINISTRATOR CITY ATTORNEY ADJOURNMENT MINUTES -MORRO BAY CI TY COUNCIL REGULAR MEETING -APRIL 22, 1985 RECREATION HALL -7:00 P.M. The meeting was called to order at 7:00 p.m. by Mayor Zeuschner. 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 Mike Multari Nick Nichols Dave Norton Mike Upton Steve Wolter Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Finance Director Asst. to City Admin. Comm. Development Dir. Public Works Director Water Engineer Administrative Asst. Recreation Director The Pledge of Allegiance was led by Horace Strong. Lance Poldberg of the Calvary Luthern Church gave the invocation. ORAL COMMUNICATIONS 1. Several people spoke regarding the Bandstand project on Lease Site No. 93-95W. They were concerned with the length of time involved in completing the construction and wanted the matter agendized. Those speaking were Thomas Quintana, Darlene (Pat) Rodgers, David Peoples, Saeed Keshtgar, Nellie Martin, Patrick Biancardi, Jerry Kennedy and Larry Hutchison. Mr. Kennedy said that if Mr. Brown were out of the picture, he had an investor who was willing to take over the lease site and complete the project. Council took no action on this matter at this time. 2. Howard Gaines spoke briefly about D-14 on the Consent Calendar, Resolution No. 29-85 suppering SB885 which would exempt public agencies and their employees from liability when assisting in a rescue. The San Mateo incident was cited as the City has paid out a large sum of money for participating in that rescue. He also brought up the matter of the Cabrillo lawsuit and asked how much it has cost the City to date; he wondered whether the City should bring in another attorney to handle the lawsuit. 3. Robert Lane spoke about AB2021 (Connelly), Safe Drink- ing Water Bill, which is legislation prohibiting use of certain MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -APRIL 22, 1985 PAGE TWO pesticides which enter ground water and are harmful. He re- quested that Council pass a resolution supporting this measure and forward it to Congressman Seastrand. A. PUBLIC HEARINGS, REPORTS & APPEARANCES Mr. Napper noted that Items C-2, D-2 and D-3 had been pulled from the agenda and would be rescheduled for a later meeting. A-1 PRELIMINARY CONSIDERATION OF GAZEBO CONSTRUCTION AT CITY PARK Mr. Wolter reviewed this matter for Council stating that Morro Bay Beautiful would like to make a gift to the City of a gazebo to be placed in City Park along with a 20 foot tree. He stated that the value of the gazebo is estimated at $9,000 to $12,000 and is 20-22 feet diameter. He reviewed the Park and Recreation Commission recommendations on where the gazebo should be placed. A short discussion followed as to maintenance of the gazebo and other organizations that had given something to the City and agreed to its upkeep; for example, the Merchant's Association signs. Mayor Zeuschner opened the matter to the public. The following people spoke in favor of the gazebo and the site location as City Park: Warren Dorn, Ed Smith, Bob Ward, Imogene Haidet, John Lemons. They felt that the gazebo would enhance the beauty of the entrance into Morro Bay. Mr. Dorn stated that if the tree presently in the park was removed to make room for the gazebo, another tree could be placed in the park elsewhere, and they had a tree and donor already lined up for this purpose. Speaking against the gazebo placement in City park were Joan Silva, Louis Okasaki, Howard Gaines, Dean Howell, Jane Van Koehe, Scotty Campbell and Jim Hartzell. While they felt that the gazebo was a nice gift, they felt that the City Park was too small for it; also, some did not want to lose the tree that was there. Comments were also heard from Jim Warner and Robert Lane. MOTION: Councilmember Risley moved that the public hearing be closed. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) Mayor Zeuschner noted that the Council had met with and Recreation Commission and discussed this matter. member Kaltenbach felt that it was commendable that Beautiful wished to give this gift to the City, but he like to see it in the City Park; rather Del Mar Park. the Parks Council- Morro Bay would not MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -APRIL 22, 1985 PAGE THREE Councilmember Risley was in favor of the second alternative presented by staff which was to reject the gazebo for City Park only but express interest in locating it in another park (Del Mar); also, he feels the City should accept responsibility for maintenance of the gazebo. He suggested a committee to work with Morro Bay Beautiful to find a place for the gazebo. Councilmember Sheetz stated that she visualized a small gazebo and was in favor of the third alternative presented which was to accept the gazebo in a smaller scale for City park. She was also in favor of the City maintaining the gazebo. Ed Smith stated that the Morro Bay Whitecaps Band could do with or without the gazebo; but noted that it could be used for other things, e.g. weddings. Councilmember Miller stated that he did not want to see the tree or the basketball courts replaced by the gazebo. He commended Morro Bay Beautiful for the offer . He stated that while the City Park is small, having the gazebo would be no worse as far as parking and crowding than when Art-in-the-Park is happening. He was in favor of accepting the gazebo from Morro Bay Beautiful and sees no problem with them taking care of the upkeep. Mayor Zeuschner suggested that the tree be trimmed back and the gazebo placed partially under it. He felt the City should accept the gazebo, with a committee of Council and Morro Bay Beautiful members appointed to work out the details; Del Mar Park should be considered as a possible site. t entativ ely * MOTION : Councilmember Sheetz moved that Council/ accept the gazebo, but not the tree ; that a feasibility committee made up of members from the City Council and Morro Bay Beautiful be formed to work out specific design and location. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) Councilmember Miller requested to be appointed to the committee. Councilmember Sheetz nominated Councilmembers Miller and Risley to work on the committee fro m the Council. Morro Bay Beautiful nominated Ed Smith and John Lemons. A-2 REQUEST FOR ASSIGNMENT OF LEASE SITES NO. 129W-133W BY PACIFIC SHELLFISH TO SANTA MARIA SEAFOODS Mr . Napper reviewed this item stating that Pacific Shellfish has corrected the violations cited by the Public Works Department, except for the revetment repair . They have agreed to post a 100% cash bond for the estimated cost of repair to the revet- ment. The City recommends the new lessee be required to accept full responsibility for future revetment repair. Corre c ted a t the meeting o f 5-13 -85 MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -APRIL 22, 1985 PAGE FOUR Mayor Zeuschner opened the matter to the public. Kathy Stocking, representing current lessees Steve and Virginia Yeoman, questioned the entire burden for revetment repair being placed on the lessees. Upon being questioned as to whether the condition regarding the bond was acceptable to the Yeomans, Ms. Stocking replied in the affirmative. Howard Gaines was concerned that the revetment repair might not be completed, and cited other areas where a performance bond had not been wholly satisfactory. He recommended a bond be posted in the amount of 300%-400% of the repair costs. Milt Guggia, owner of Santa Maria Seafoods, proposed assignee, was concerned about being responsible for the revetment 5 to 10 years down the road. He stated that they were also interested in negotiating a new lease for a longer period of time than the 11 years left on the current lease; they felt that the time and money they were investing in this lease warranted the exten- sion. Similar comments were also heard from Jim Morton, General Manager of Santa Maria Seafoods. Ed Ewing and Nancy Bast spoke in favor of the lease transfer MOTION: Councilmember Sheetz moved that the public hearing be closed. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) Mayor Zeuschner was in favor of negotiating a new lease with Santa Maria Seafoods and establishing a time limit on repair of the revetment once permits were obtained. Councilmember Miller felt that the staff recommendations unreasonable. He said that there is not a revetment there never has been and, since it is on City property, the should pay at least half the cost to repair it. were now, City Councilmembers Kaltenbach and Sheetz were in favor of the lease transfer. Councilmember Risley asked about the difference between the Harbor Commission recommendations regarding this lease transfer and staff's recommendations. Mr. Napper stated that the proposal for posting of a 100% cash deposit on the amount of the cost estimates for revetment repair was presented by a broker involved after the Harbor Commission had considered the matter. He stated that staff intended the revetment repair to be by a time certain rather than open-ended; there is a disagreement with regard to the City's requirement that the new lessees be responsible for future revetment repair and their contention that they should not be. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -APRIL 22, 1985 PAGE FIVE Mr. LeSage suggested that the Council approve the transfer to get escrow closed and then negotiate the terms for an extension. He noted that cash as opposed to a performance bond is prefer- able because the City can draw on the cash rather than file a lawsuit on the bonding company to cause them to perform. Councilmember Sheetz felt that the City should ask for more than 100% cash deposit on the estimated repairs since it is likely the project will end up costing more with inflation. MOTION: Councilmember Risley moved that Council accept the staff recommendation to approve assignment (Resolution No. 27-85) conditioned upon acceptance of revetment repair by both the City Engineer and City Administra- tor, subject to permit-authorization approval; the posting of a 100% cash deposit to the City in the amount of construction estimates to guarantee revetment repairs; that the new lessee accepts full responsibil- ity for future revetment repair pursuant to City in- spection (lease amendment); and that staff be authorized to negotiate a new lease or lease modifica- tion. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) A-3 CONSIDERATION OF CITY DRAFT HOUSING ELEMENT Mr. Multari stated that the Council cannot adopt the Housing Element until it has been submitted to the Department of Housing and Community Development for comment. Council can then adopt the Plan after considering their input. John Ashbaugh, planning consultant who prepared the Plan, reviewed the proposed Housing Element for Council. Councilmember Risley referred to a booklet published by the State Department of Water Resources in 1976 recommending that cities adopt a lifeline concept for the rate structure for water, which Morro Bay has done. He felt it should be mentioned in the Housing Element since it is a very important conservation method that needs publicity. He also noted the need to have some wells drilled and relocate others away from the ocean. Mayor Zeuschner opened the matter to the public. Nelson Sullivan expressed concern about the amount of building going on in the City and whether or not there is enough water to support it. He also questioned whether the pipes in the City were really leaking as maintained by staff and suggested that the City test this by shutting off the water in a section of town and then put water in the pipes under pressure to see if they leak. M'May Diffley agreed with Mr. Sullivan's concerns. Dana Lilley of People's Self-Help Housing stated that his agency is willing to provide housing rehabilitation loans administration if the City receives grant funding. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -APRIL 22, 1985 PAGE SIX Jane Von Keough encouraged the City to adopt a granny housing ordinance this year to include a requirement for water equiva- lencies. Howard Gaines stated that Measure F dovetails with the Housing Element. Mr. Napper explained that because of the combination of having Measure F and a Housing Element not being adopted, the City is ineligible at this time to receive Community Development Block Grant funds. After the adoption of the Housing Element, how- ever, it is possible for the City to be eligible to compete for these funds. MOTION: Council member Sheetz moved to accept the Housing Element in draft form and return to the May 13th meeting for a second hearing. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) D-12 PROCLAMATION DECLARING MAY 1985 "BETTER HEARING AND SPEECH MONTH Mayor Zeuschner took this item out of order and read the proclamation. He presented a copy to the Quota Club. B. UNFINISHED BUSINESS None C. NEW BUSINESS C-1 QUARTERLY WATER SYSTEM ACTIVITIES REPORT Mr. Nichols summarized the report for Council. Councilmember Miller asked about building earth dams while the water is low even though they would wash out when the water is high. Mr. Nichols discussed the permit process. Councilmember Risley asked if the City still has easements to Wells No. 6 and 7 which were closed some time ago. Mr. Norton, Water Engineer, stated that he would check into it. MOTION: Councilmember Kaltenbach moved to accept the report. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF APRIL 8, 1985 AND ADJOURNED REGULAR MEETING OF APRIL 17, 1985 Mr. Napper recommended that Council approve the minutes as submitted. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -APRIL 22, 1985 PAGE SEVEN D-2 SILVA WELL (#8) LEASE RENEWAL (PULLED) No action was necessary as the item had been pulled. D-3 APPROVAL OF FINAL MAP TRACT NO. 1174 (R. L. FISHER ET AL.) (PULLED) No action required as this item had been pulled. D-4 PROCLAMATION DECLARING MAY 1985 AS "HEAD START MONTH" Mr. Napper recommended that Council authorize the Mayor to sign the proclamation. D-5 RESOLUTION NO. 25-85 AWARDING BID NO. PW-85-100, FOR A TRAILER-MOUNTED SECTIONAL SEWER RODDER Mr. Napper recommended that Council adopt Resolution No.25-85 awarding the bid to Dew-Par Sales and Service in the amount of $15,312.76. D-6 RESOLUTION NO. 26-85 AWARDING BID NO. PW-85-106; WATER-LINE MATERIALS AND FIRE HYDRANTS Mr. Napper recommended that Council adopt Resolution No. 26-85 awarding and authorizing the purchase of waterline materials and fire hydrants in the amount of $32,252.40. D-7 1985 WEED ABATEMENT PROGRAM, RESOLUTION NO. 28-85 DECLARING WEEDS A NUISANCE AND FIRE HAZARD AND AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO PROCEED WITH ABATEMENT Mr. Napper recommended that Council adopt Resolution No. 28-85 and set the public hearing for weed abatement for May 13, 1985. D-8 QUARTERLY CITY FINANCIAL STATEMENT Mr. Napper recommended that Council accept the submitted. D-9 MONTHLY EXPENDITURE REPORT -MARCH 1985 report as that Council approve the Expenditure authorize the Deputy City Clerk to Mr. Napper recommended Report as submitted and certify Council's approval. D-10 STATEMENT OF INVESTMENTS Mr. Napper recommended that Council accept the submitted. report as MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -APRIL 22, 1985 PAGE EIGHT D-11 CHAMBER OF COMMERCE MONTHLY REPORT -MARCH 1985 Mr. Napper recommended that Council receive the report for file. D-12 PROCLAMATION DECLARING MAY 1985 "BETTER HEARING AND SPEECH MONTH Mr. Napper recommended that Council authorize the Mayor to sign the proclamation. D-13 REJECTION OF LIABILITY CLAIM AGAINST CITY (RANCHO COLINA MOBILE HOME COMMUNITY) Mr. Napper recommended that Council deny the claim and authorize the City Clerk to send a rejection letter. D-14 RESOLUTION NO. 29-85 SUPPORTING SB885 Mr. Napper recommended that Council adopt Resolution No. 29-85 and direct the City Clerk to send the Resolution to legislators and lobbying organizations. D-15 TASK ORDER NO. 6 FOR CONSTRUCTION MANAGEMENT SERVICES AT WASTEWATER TREATMENT PLANT Mr. Napper recommended that Council approve Task Order No. 6 and authorize transmission of the documents to the State Water Resources Control Board for grant-eligible approval. Councilmember Risley requested that Item D-1 be pulled from Consent Calendar approval. MOTION: Councilmember Risley moved on the Consent Calendar be seconded by Councilmember carried. (5-0) D-1 MINUTES that items D-4 through D-15 approved. The motion was Kaltenbach and unanimously Councilmember Risley requested a correction to the adjourned regular meeting minutes of April 17, 1985, page 2. The Art Association had contributed $500 rather than $400 as stated in the minutes. MOTION: Councilmember Risley moved for ·approval of the minutes as amended. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -APRIL 22, 1985 PAGE NINE E. INDIVIDUAL DETERMINATION AND/OR ACTION A. Councilmember Kaltenbach stated mission should be restructured as they are as Planning Commission is to the City. that the Harbor Com- important as the MOTION: Councilmember Kaltenbach moved that the Harbor Commis- sion be restructured in accordance with the Planning Commission; 7 members with no alternates; meeting twice per month and paid like the Planning Commission; re- quest all existing Harbor Commissioners submit their resignations and advertise for applications. The motion was seconded by Councilmember Sheetz and unani- mously carried. (5-0) Mayor Zeuschner suggested that staff draft an ordinance to be submitted to the Harbor Commission. Councilmember Miller asked what the cost would be for this type of commission and Mr. Napper stated that Planning Commissioners make $20 per meeting, which, with 7 members on the Harbor Commission, would mean $280 per month. Councilmember Kaltenbach felt that the 7-member Commission was necessary due to the number of things happening on the Embarcadero and to establish working subcommittees. Councilmember Risley felt that the category designations could be eliminated in the Harbor Commission. B. Councilmember Risley stated that he had received a letter from Chess Life magazine stating that they would be using the story he had submitted along with the photographs sent in a future publication. C. Mayor Zeuschner stated that he had been requested to see if the Council would be interested in developing a sister-city relationship with a foreign country, specifically Japan. He stated that if there were no objections, he would pursue the matter. No objections were voiced. E. Mayor Zeuschner read a letter of resignation from Rose Lane who had been serving on the TV Franchise Board. Council agreed to extend the time period for applying for this position along with the one advertised when Mr. Schenk had resigned. MOTION: Councilmember Risley moved to accept Mrs. Lane's resig- nation. The motion was seconded by Councilmember Kaltenbach and carried with Councilmember Sheetz abstaining. (4-0-1) F. Mayor Zeuschner requested a closed session to discuss potential litigation involving the Brown lease site 93-95W; Mr. Napper stated that the City was preparing to file a default notice on this lease. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -APRIL 22, 1985 PAGE TEN G. Councilmember Risley referred to the comments by Mr. Sullivan regarding checking to see if the City's pipes are leaking by isolating an area in the City, shutting off the water, then putting water through the pipes with pressure to see if they leak. MOTION: Councilmember Risley moved suggested by Mr. Sullivan for consideration. Councilmember Kaltenbach (5-0) that Council refer the plan to the Water Advisory Board The motion was seconded by and unanimously carried. H. Councilmember Sheetz asked about the proposed resolu- tion regarding the Outer Continental Shelf leasing program for 1986-1991. Mr. Napper stated that he had received the resolu- tion after the agenda package had been distributed and indicated that Council needed to act tonight in order to have input at an April 24th meeting on this subject. MOTION: Councilmember Sheetz moved for adoption of Resolution No. 30-85 in response to the draft proposed 5-year OCS leasing program for 1986-1991. The motion was seconced by Councilmember Risley and unanimously carried. (5-0) I. Mayor Zeuschner noted some concerns he had about Morro Bay becoming a toxic waste storage area. He said that he will be meeting with some people on this subject this week and will pass on any additional information he gets. J. Councilmember Miller stated that he had received tele- calls regarding the Brown lease and wondered why the concerned about the lease were unable to get on the Mayor Zeuschner stated that this matter would be in closed session. phone people agenda. discussed K. Councilmember Miller stated that after reading the letter from the Department of Housing and Community Development regarding the CDBG funds, he feels Measure Fis stopping the City from getting grants in this area for housing rehabilita- tion. MOTION: Councilmember Miller moved that the City Clerk be instructed to prepare a proposition under Election Code 4017 to submit to the voters to have a special election to repeal Measure F. The motion died for lack of a second. Councilmember Miller then stated that people should be ready to sign a petition for this action as it is going to happen; and, he will sign it. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -APRIL 22, 1985 PAGE ELEVEN L. Councilmember Miller stated that he had seen two letters, one to the American Ambassador to Japan and the other to the Prime Minister of Japan, both on City stationery with the City Seal, signed by the Mayor and 3 Councilmembers. He wondered why all Councilmembers were not given a chance to sign the letters. He also asked if the individual that was the subject of the letters had been checked through the Department of Justice before preparing a letter. Mayor Zeuschner stated that the letter of introduction was for a former local resident; also the four people who signed the letter had met the person, Councilmember Miller could have signed the letter if he wanted to. E-2 CITY ADMINISTRATOR Mr. Napper requested a closed session to discuss the meet and confer sessions. E-3 CITY ATTORNEY Mr. Lesage had nothing to report. F. ADJOURNMENT MOTION: Councilmember Risley moved that the meeting adjourn to closed session to discuss pending litigation and personnel matters. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) The meeting adjourned to closed session at 10:45 p.m. and returned to regular session at 11:46 p.m. MOTION: Councilmember Sheetz moved that the adjourned. The motion was seconded by Kaltenbach and unanimously carried. (5-0) The meeting adjourned at 11:47 p.m. L by: Elane Novak Deputy City Clerk meeting be Councilmember