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HomeMy WebLinkAboutCC_1986-02-10 Regular Meeting MinutesMORRO BAY I CITY COUNCIJ_ AGENDA REGULAR MEETING - FEBRUARY 10, 1986 RECREATION HALL - 7:00 P.M. ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION - REVEREND JIM KENNEMUR, FIRST CHRISTIAN CHURCH PRESENTATIONS AMERICAN RED CROSS CERTIFICATES OF RECOGNITION 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 CONSIDERATION OF EXPANDED RESIDENTIAL REFUSE COLLECTION SERVICE A-2 PUBLIC HEARING ON USE OF FEDERAL REVENUE SHARING FUNDS, COMMUNITY CENTER PROJECT A-3 PUBLIC HEARING FOR 1985 WEED ABATEMENT APPEALS A-4 CONSIDERATION OF CITY APPLICATION FOR CALIFORNIA COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (HOUSING REHABILITATION) A-5 CONSENT TO SUBLEASE (ABALONE UNLIMITED, INC.) AND AMENDMENT TO PERMITTED LEASE USES FOR LEASE SITES. NO 90 AND 90W (DE GARIMORE) B. UNFINISHED BUSINESS B-1 NORTH QUINTANA ROAD STREET OVERLAY PROPOSED PROJECT (MORRO BAY BLVD. TO MAIN ST.) B-2 BACK -BAY ECOLOGICAL STUDY PROPOSAL B-3 RE -ALLOCATION OF $25,000 RESERVE FOR ECONOMIC ENHANCEMENT PROJECTS C. NEW BUSINESS NONE AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 10, 1986 PAGE TWO D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JANUARY 27, 1986 D-2 RESOLUTION NO. 14-86 TRANSFERRING DIAL -A -RIDE CONTRACT TO LAIDLAW TRANSIT, INC. D-3 PROCLAMATION DECLARING FEBRUARY 1986 AS RURAL CRIME PREVENTION MONTH D-4 RESOLUTION NO. 15-86 CHANGING PARKING RESTRICTIONS - CITY PARK BUS STOP, HARBOR STREET D-5 SET DATE FOR FIRE MASTER PLAN COMMITTEE JOINT MEETING (FEBRUARY 19, 1986 D-6 SET HEARING DATE FOR APPEAL OF PLANNING COMMISSION DENIAL OF CUP 01-86 (ADDITION TO EMBARCADERO INN) - SET FOR FEBRUARY 24, 1986 E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY CLOSED SESSION GOVERNMENT CODE SECTION 54956.9(b)(1): SIGNIFICANT EXPOSURE TO LITIGATION EXISTS F. ADJOURNMENT ADJOURN TO WEDNESDAY, FEBRUARY 19, 1986, 7 PM, RECREATION HALL FOR JOINT MEETING WITH FIRE MASTER PLAN COMMITTEE MINUTES - MORRO REGULAR MEETING RECREATION HALL BAY CITY COUNCIL - FEBRUARY 10, 1986 - 7:00 P.M. Mayor Zeuschner called the meeting to order at 7:00 p.m. RnT.T. CALL PRESENT: Bud Zeuschner Ray Kaltenbach Jim Miller Bruce Risley Rose Marie Sheetz ABSENT: None STAFF: Forrest Henderson Judy Skousen Louise Burt Dave Howell Mike Multari Nick Nichols Mike Upton Steve Wolter Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember Asst. to the City Admin. City Attorney Finance Director Police Chief Comm. Development Dir. Public Works Director Administrative Asst. Recreation and Parks Dir. Deputy City Clerk Horace Strong led the Pledge of Allegiance and gave the invoca- tion. PRESENTATIONS Mayor Zeuschner decided to make the presentations later in the evening since some of those involved in the activity had not yet arrived. ORAL COMMUNICATIONS 1. Mary Phillips discussed hearing provisions that should be included in the City's animal control ordinance and maintained the City's prior City Attorney, Mike LeSage, had previously made that recommendation. 2. Councilmember Sheetz reported on a meeting of the Fish and Game Commission she had attended in Monterey. The item on the agenda of concern to the City was ghost shrimping and Councilmem- ber Sheetz felt the Commission had conducted a fair hearing. She stated there will be another hearing within 45 days to discuss whether or not to ban ghost shrimping in Morro Bay Harbor. Mayor Zeuschner noted Mr. Napper is not at the meeting and Assis- tant to the City Administrator, Forrest Henderson, would be act- ing in his stead. MINUTES - MORRO BAD ITY COUNCIL REGULAR MEETING - FEBRUARY 10, 1986 PAGE 2 A. PUBLIC HEARINGS,_ REPORTS & APPEARANCES A-1 CONSIDERATION OF EXPANDED RESIDENTIAL REFUSE COLLECTION SER- VICE Mike Upton, Administrative Assistant, reviewed the Refuse Fran- chise Services Board's study and recommendations on this matter contained in his memo to Council of February 10, 1986. He noted the Board had been working on this issue for the last 12 months; their preferred recommendation was for a multi -can rate of $6.50 per month for 1 to 6 can service. Modifications to this could be made for lifeline customers who have only 1 can service. He also discussed billing and collection options which included the City billing and collecting for refuse service. He noted the expanded service benefits as evaluated by the Refuse Board. Bob DeSomer, Chairman of the Refuse Board, reviewed some of the Board's concerns which led to the recommendations before Council. Councilmember Risley asked if the garbage company had requested a rate increase and, if not, why was an increase being suggested by staff. Mr. Upton stated while the rate structure would allow for an increase to the garbage company, the change was in how the service is administered rather than increasing rates. Councilmember Risley asked several other questions to which Mr. Upton responded. PRESENTATIONS Mayor Zeuschner stated he would take this opportunity, before public hearing on the refuse issue, to present award to several surfers who had been involved in lifesaving efforts on May 5, 1985 when a boat capsized in Morro Bay Harbor. Those receiving the American Red Cross Certificate of Recognition for Extraordi- nary Personal Action were Steve Renz, John Paul Jones, and Randy Cohen. Mayor Zeuschner thanked these individuals for their quick and decisive action in saving lives. PUBLIC HEARING - ITEM A-1 Mayor Zeuschner then opened the public hearing on expanded resi- dential refuse collection service. Mary Phillips objected to paying for service that is not ren- dered. She explained her recycling efforts and the result that she had no trash to be collected, but still received bills. The effect of City mandatory collection is to discourage those who personally recycle their refuse. Lily Collier brought Council's attention to an unsightly condi- tion along Hwy. 41 within the City limits. MINUTES - MORRO BA) ITY COUNCIL REGULAR MEETING - FEBRUARY 10, 1986 PAGE 3 Katherine Walling objected to the 6-can expanded service as increasing the fee to those on low incomes who only have one can service. She felt there is nothing wrong with the present sys- tem. Jane Markatello stated she only uses one can per month and would like to have it for $1 per month; she said the proposal looks like a 50% increase for the garbage company. Councilmember Kaltenbach was in favor of allowing those on a limited income a break on the fee. Councilmember Risley stated he had received a number of calls from people resenting a proposal which causes a smaller user to subsidize people who are heavy users. He felt Council should take into consideration the special character of Morro Bay, and he quoted figures from the Housing Element to illustrate this. He also thought Council should have a breakdown as to the effect a rate change would have on the population and on the income of the garbage company. He suggested postponing action on this matter until some questions are answered. Councilmember Sheetz concurred, stating she would like to know the number of people on 1-can service who should be on 2 or more cans. She also wanted to see the rate change compared with the commercial rate structure. She did not necessarily feel a life- line rate should be tied to low water users; just because an individual used a small amount of water did not necessarily mean that he/she was a low generator of garbage. MOTION: Councilmember Sheetz moved this matter be tabled until such time as the Council has additional facts from the garbage company and Refuse Board. The motion was seconded by Councilmember Risley and carried with Coun- cilmember Miller and Mayor Zeuschner voting no. (3-2) Charlie Cantaneo of Mission Country Disposal, objected to the Council's action without specific direction. He responded to Councilmember Risley's comments regarding Morro Bay being a low generator of garbage by stating his dump bill for Morro Bay was $3800 last month, while his combined bill for Baywood, Los Osos and Cayucos was $3300. Councilmember Miller stated he favored unlimited garbage service; he said the illegal dumping in City bins is coming from City residents unwilling to pay the extra charge for another can to be collected. Mayor Zeuschner asked Councilmembers having specific questions regarding the change in rate structure to get with Mr. Upton so this matter can return to Council at an early date. Addition- ally, Council wanted information on how the new rate structure would compare with the commercial rate structure. Councilmember Risley noted a comment by Mr. Upton regarding a rate structure study to be completed in April. MINUTES - MORRO BAI -ITY COUNCIL REGULAR MEETING - FEBRUARY 10, 1986 PAGE 4 A-2 PUBLIC HEARING ON USE OF FEDERAL REVENUE SHARING FUNDS, COMMUNITY CENTER PROJECT Mr. Henderson stated that with grant funding, City funding, and Morro Bay Senior Citizens, Inc. contributions, the Community Center Fund is up to $839,000. By adding Revenue Sharing Funds of $105,789 plus another $100,000 from General Fund, the project funding will total $1,044,789. He recommended Council hold a public hearing and then approve the expenditure of $105,789 Federal Revenue Sharing funds for the Community Center Building. Mayor Zeuschner opened the matter to the public for comments. Mary Phillips questioned whether or not a percentage of Revenue Sharing Funds was to go directly to the seniors. Mrs. Burt, Finance Director, stated she was not aware of any regulation requiring specific funding for individual age groups. MOTION® Councilmember Sheetz moved Council approve the expendi- ture of $105,789 Federal Revenue Sharing Funds for the Community Center Building Fund. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) A-3 PUBLIC HEARING FOR 1985 WEED ABATEMENT APPEALS Mr. Nichols stated the City's Municipal Code requires a hearing for appeals to assessments made when the City mowed lots last summer. He noted 175 lots were mowed and cleared at an average cost of $84.04 per lot. Mayor Zeuschner opened the hearing for comments. Ben Sanders asked if the $84.04 charged per lot included the 12 foot right-of-way owned by the City. Mr. Nichols stated he wasn't sure, but believed it did; the property owner is respon- sible for maintaining the City's right-of-way in front of his property. MOTION: Councilmember Sheetz moved the hearing be closed and the matter be returned to staff for administration and enforcement. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) A-4 CONSIDERATION OF CITY APPLICATION FOR CALIFORNIA COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (HOUSING REHABILITATION) Mr. Multari reviewed program which targets low-income persons. He noted because the City would be unable to develop this grant on its own, the People's Self -Help Housing Corporation has agreed to prepare and administer the grant should the City be a recipi- ent of funds. He recommended Council hold a public hearing to receive comments about the program; a public hearing on the actual application will be held at a later date. MINUTES - MORRO BAI ITY COUNCIL REGULAR MEETING - FEBRUARY 10, 1986 PAGE 5 Mr. Smith of the PSHH was present and stated they were in the process of preparing the application for Council consideration. He stated the process was to advertise for applicants to receive these funds and selection is basically based on low income. He noted some of the projects undertaken with the funds were re- wiring of houses, re -roofing, heating up -grading, etc. Councilmember Kaltenbach asked if the reason the City had not been able to apply for funds last year was because the City did not have a Housing Element and not because of Measure F, as has been stated by some people. Mr. Multari stated there were a num- ber of reasons; but because the City had a growth management ordinance, it could not apply for funds unless it had an approved Housing Element. Mayor Zeuschner opened the matter to the public; there were no comments. Mr. Smith stated he would be circulating a sign-up sheet in the audience so the State can have a roster of who was present at the hearing. MOTION: Councilmember Risley moved staff be directed to make application for the housing rehabilitation program. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) A-5 CONSENT TO SUBLEASE (ABALONE UNLIMITED INC.) AND AMENDMENT TO PERMITTED LEASE USES FOR LEASE SITES NO. 90 AND 90W (DE GARIMORE) Mr. Henderson stated Mr. DeGarimore is requesting temporary per- mission to sublease Lease Site No. 90 and 90W to Abalone Unlimited for the purposes of operating an abalone hatchery. He recommended Council approval conditioned upon both the lessee and sublessee agreeing the violations of the CUP are violations of the Master Lease subject to penalty; the deteriorated floating dock structure be removed or brought into code compliance before operations begin; a Consent to Sublease Agreement is signed by the lessee and sublessee; the City receives a copy of the private agreement between DeGarimore and Abalone Unlimited; and City Attorney approval of all documents. Nelson Sullivan asked if the City would be liable for the water quality of the bay. City Attorney Judy Skousen stated a hold harmless clause would be in the sublease. Mr. DeGarimore objected to the requirement of having to bring up to code or remove the floating dock. He explained the difficulty he had been having selling the lease because of the limitations on use and parking. He noted he had kept the lease payments cur- rent even though he has no business operating at the lease site and had agreed to sublease the property for a fair amount in order to get some use out of the site. He said the sublessee MINUTES - MORRO BAI ITY COUNCIL REGULAR MEETING - FEBRUARY 10, 1986 PAGE 6 would only use the floating dock for their pumps and the public would not be allowed on the site. Mr. Nichols stated rehabilitating the dock would require a build- ing permit which will require compliance with the code. He rec- ommended the dock be required to meet the code or be removed. Council asked Ms. Skousen her opinion and she stated she would like to study the legal ramifications before Council waived any code requirements. MOTION® Councilmember Risley moved Council adopt Resolution No. 13-86 with the amendment of item 2 in Exhibit A to read that prior to start of operation of the facility, the existing floating dock structure will be brought into compliance with all City standards for dock construc- tion and performance, or removed, subject to approval by the City Attorney and Harbor Director. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) Council took a brief recess from 8:48 p.m. to 8:58 p.m. B. UNFINISHED BUSINESS B-1 NORTH QUINTANA ROAD STREET OVERLAY PROPOSED PROJECT (MORRO BAY BLVD. TO MAIN ST.) Mr. Henderson noted this matter had been returned this evening for reconsideration. Staff was requesting policy direction regarding street resurfacing utilizing $60,000 general fund monies. Councilmembers discussed other streets in the City which are in need of resurfacing. Mr. Nichols reviewed streets which had been relaid with pipe by the Gas Company and had received waterline replacement recently. Councilmember Sheetz asked why Hill Street had not been completely resurfaced recently; only a portion was done. Mr. Nichols stated he would check into it. Councilmember Risley stated he doesn't disagree with resurfacing of Quintana; however, he felt there were other streets in the City in worse condition than Quintana. Council deferred action on this matter until staff returns with information on Kern, Ironwood and Bernardo as possibilities for resurfacing. B-2 BACK -BAY ECOLOGICAL STUDY PROPOSAL Mr. Henderson stated that matter was also deferred from the last meeting for further Council consideration. Councilmember Kaltenbach suggested previous studies regarding this area be reviewed before a new study is contracted. MINUTES - MORRO BAI ITY COUNCIL REGULAR MEETING - FEBRUARY 10, 1986 PAGE 7 Councilmember Risley was in favor of the allocation in its expanded version to include more than just the Back Bay. MOTION: Councilmember Risley moved Council approve $10,000 as seed money to begin a comprehensive study of the bay area and invite other organizations to join in the effort. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) B-3 RE -ALLOCATION OF $25,000 RESERVE FOR ECONOMIC ENHANCEMENT PRC).TF:C:TS Mr. Henderson reviewed this matter which had been postponed from the last Council meeting. Councilmember Risley stated he was in favor of the allocation for the housing rehabilitation program and for the code enforcement program; however, he objected to the $10,000 for a Local Economy Assessment study. He felt a study of this nature would be a recap of information the Council already has in the Housing Ele- ment and would not tell them anything they did not already know. He suggested other programs more worthy of this expenditure including a matching grant for art work for the Community Center Building; a co-op cold storage facility for the commercial fish- ermen; a recycle center could be developed; some of the public restrooms in the City could be upgraded. Council decided to act on the allocation separately. MOTION: Councilmember Sheetz moved for approval of $5,000 for the code enforcement program. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) MOTION: Councilmember Kaltenbach moved for approval of the housing rehabilitation grant match of $10,000. The motion was seconded by Councilmember Sheetz and unani- mously carried. (5-0) With regard to the local economy assessment study, Mr. Multari stated the City should have something to help business people decide whether or not to come to Morro Bay. Councilmembers discussed this item with Councilmembers Kaltenbach and Risley not in favor of the allocation; they felt there were other projects more important to fund. Councilmember Sheetz felt it would be valuable to have a City - funded study to depend on rather than studies supplied by devel- opers interested in locating in Morro Bay. MINUTES - MORRO BA1 1ITY COUNCIL REGULAR MEETING - FEBRUARY 10, 1986 PAGE 8 MOTION: Councilmember Sheetz moved for approval of the $10,000 for the local economy assessment analysis. The motion was seconded by Councilmember Miller and carried with Councilmembers Kaltenbach and Risley voting no. (3-2) C. NEW BUSINESS None D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JANUARY 27, 1986 Mr. Henderson recommended Council approve the minutes as sub- mitted. D-2 RESOLUTION NO. 14-86 TRANSFERRING DIAL -,A -RIDE- CONTRACT TO LAIDLAW TRANSIT, INC. Mr. Henderson recommended Council adopt Resolution No. 14-86. D-3 PROCLAMATION DECLARING FEBRUARY 1986 AS RURAL CRIME PREVEN- TION MONTH Mr. Henderson recommended Council authorize the Mayor to sign the proclamation. D-4 RESOLUTION NO. 15-86 CHANGING PARKING RESTRICTIONS CITY PARK BUS STOP, HARBOR STREET Mr. Henderson recommended Council adopt Resolution No. 15-86 removing the "no -parking" zone and substituting a commercial unloading zone with appropriate transit operation signage. D-5 SET DATE FOR FIRE MASTER PLAN COMMITTEE JOINT MEETING Mr. Henderson recommended Council set February 19, 1986 at 7:00 p.m. in the Recreation Hall to meet with the Fire Master Plan Committee. D-6 SET HEARING DATE FOR APPEAL OF PLANNING COMMISSION DENIAL OF CUP 01-86 (ADDITION 'I'O EMBARCADERO INN) - SET FOR FEBRUARY 24, 1986 Mr. Henderson recommended Council set February 24, 1986 as the date to hear this appeal and authorize staff to notice the public hearing. Councilmember Risley requested item D-2 be considered separately. MOTION: Councilmember Sheetz moved for the approval of the Con- sent Calendar with the exception of item D-2. The MINUTES - MORRO BA1 ITY COUNCIL REGULAR MEETING - FEBRUARY 10, 1986 PAGE 9 motion was seconded by Councilmember Miller and unani- mously carried. (5-0) D-2 Resolution No. 14-86 transferring Dial -A -Ride contract to Laidlaw Transit, Inc. Councilmember Risley asked several questions regarding the trans- fer and about Laidlaw. It was noted the current contract expires 6-30-86 and the City will begin preparing to advertise for the contract shortly; Laidlaw has not been assured of the contract for the next fiscal year. MOTION: Councilmember Sheetz moved for the adoption of Resolu- tion No. 14-86. The motion was seconded by Council - member Miller and unanimously carried. (5-0) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL 1. Councilmember Kaltenbach asked for a progress report on the inspections on the waterfront. Mr. Nichols stated since Council approved the allocation at their last meeting, staff has sub- mitted a contract to the individual who agreed to perform these inspections for the City. The contract has not been signed yet, so the matter is still in the negotiation process. 2. Councilmember Miller read a statement regarding the prohibi- tion against any oil -related installations within Morro Bay and the initiative petition currently being circulated in the City on the same subject; the following motion was made: MOTION: Councilmember Miller moved the City Attorney and the Director of Community Development review the existing City prohibitions against oil installations and those as proposed in the initiative petition, and report back to this Council at our next meeting, or at some special meeting called by the Mayor, so that we can determine if we are currently receiving sufficient protection, or if perhaps some of the language of the proposed peti- tion could in any way strengthen what we already have; further, that in the event our current Land Use Plan, as it relates to oil installations, could be strength- ened by the language of such petition, that a new ordi- nance be drafted combining the best language of each and be brought before this Council, for our approval, and submitted to the State Coastal Commission, for their approval. Councilmember Sheetz seconded the motion for purposes of discussion. Councilmember Kaltenbach objected to the motion and stated if an ordinance is passed by Council, it can be changed by any subse- quent Council; a people's initiative cannot. MINUTES - MORRO BAI ITY COUNCIL REGULAR MEETING - FEBRUARY 10, 1986 PAGE 10 Other Councilmembers felt they might be in favor of the motion, but would like time to study before acting on it. MOTION: Councilmember Risley moved the matter be tabled until the next Council meeting. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) 3. Councilmember Risley requested a closed session to discuss the Cabrillo lawsuit and the legal status of the Bandstand lease site. 4. Mayor Zeuschner asked if staff had made a determination when Council could move to the Vet's Hall to hold their regular meet- ings. Mr. Henderson stated he would check on the matter and report back. Mayor Zeuschner indicated Council was ready to make the move. 5. Mayor Zeuschner stated when water equivalencies are awarded, sometimes they are not used for various reasons; he wondered if there were any left from 1983 or 1984. Mr. Multari stated he would research the matter and report back. 6. Mayor Zeuschner stated he and other Councilmembers had received a letter from Mrs. Nagel regarding the height of the Biaggini hotel project on the Embarcadero. She was cautioning the City to be aware of the oversight in this case so it does not happen again. 7. Councilmember Risley asked for a status report on Morro Basin be scheduled for the next Council meeting. 8. Councilmember Miller stated he would not be at the Fire Master Plan Joint meeting as he has a CMC Advisory Board meeting that same evening. EM CITY ADMINISTRATOR Mr. Henderson had nothing to report. E-3 CITY ATTORNEY Ms. Skousen stated she had a report which should be made in closed session. F. ADJOURNMENT MOTION: Councilmember Sheetz moved the meeting adjourn to closed session. The motion was seconded by Council - member Miller and unanimously carried. (5-0) Mayor Zeuschner announced Council would hold a closed session concerning litigation pursuant to Government Code Section 54956.9(a), existing litigation involving City of Morro Bay V. MINUTES - MORRO BAI 2ITY COUNCIL REGULAR MEETING - FEBRUARY 10, 1986 PAGE 11 Theodore S. Brown; and 54956.9(b), significant exposure to liti- gation. The meeting adjourned to closed session at 9:59 p.m. and returned to regular session at 10:58 p.m. MOTION: Councilmember Sheetz moved the meeting be adjourned. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) The meeting adjourned at 10:59 p.m. Recorded by: `QGyG6 ARDITH DAVIS Deputy City Clerk