Loading...
HomeMy WebLinkAboutCC_1986-07-28 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING - JULY 28, 1986 AGENDA RECREATION HALL - 7:00 P.M. ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION 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 PRESENTATION BY AMERICAN LUNG ASSOCIATION FOR CITY CONSIDERATION OF PREPARING AN ORDINANCE TO REGULATE SMOKING IN PUBLIC AND PRIVATE WORKSITES A-2 REQUEST FOR WAIVER OF DEED RESTRICTION, 324 MAIN STREET A-3 RESOLUTION NO. 82-86 REGARDING APPLICATION OF RESIDENTIAL REFUSE RATES TO NON-COMMERCIAL MULTIPLE DWELLING UNITS B. UNFINISHED BUSINESS B-1 ORDINANCE NO. 286 AMENDING MORRO BAY MUNICIPAL CODE TO INCREASE MAYOR/COUNCILMEMBERS' COMPENSATION - SECOND READING AND ADOPTION B-2 ORDINANCE NO. 287 AMENDING MORRO BAY MUNICIPAL CODE TO PROVIDE FOR HARBOR COMMISSION COMPENSATION - SECOND READING AND ADOPTION B-3 ORDINANCE NO. 288 AMENDING TITLE 17 OF THE MORRO BAY MUNICIPAL CODE, THE ZONING ORDINANCE TEXT - SECOND READING AND ADOPTION B-4 STATUS OF PUBLIC STAIRWAY CONSTRUCTION, CUP 05-8 (EMBARCADERO INN) C. NEW BUSINESS None D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JULY 14, 1986 D-2 DENIAL OF LIABILITY CLAIM AGAINST CITY (NANCE) D-3 DENIAL OF LIABILITY CLAIM AGAINST CITY (VAN WORMER) AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 28, 1986 PAGE TWO D-4 RESOLUTION NO. 81-86 ACCEPTING OFFSITE PUBLIC IMPROVEMENTS OF TRACT 1028 WITH CONDITIONS (SEQUOIA COURT) D-5 RESOLUTION 85-86 AUTHORIZING PURCHASE OF PROPERTY AT 955 SHASTA AND APPROPRIATION OF MONIES FOR REAL PROPERTY ACQUISITION D-6 RESOLUTION NO. 84-86 CONFIRMING THE REPORT ON WEED ABATEMENT PROCEDURES AND MAKING ASSESSMENTS D-7 EXPENDITURE REPORT - JUNE 1986 D-8 STATEMENT OF INVESTMENTS - JUNE 1986 D-9 CHAMBER OF COMMERCE MONTHLY REPORT - JUNE 1986 (PULLED) D-10 AWARD OF CONTRACT FOR PROJECT NO. PW 85-22; BEACH STREET AND MAIN STREET RESURFACING D-11 PUBLIC REPORT ON ACTION TAKEN AT CLOSED SESSION HELD DURING REGULAR COUNCIL MEETING OF JULY 14, 1986 WHEREBY ON A 4-1 VOTE THE CITY COUNCIL VOTED TO UPHOLD THE HEARING OFFICER'S DETERMINATION THAT THE EMPLOYMENT OF JOHN NIST BE TERMINATED (GOVERNMENT CODE SECTION 54957.1 REQUIRES THIS REPORT) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY CLOSED SESSION 1. GOVERNMENT CODE SECTION 54957: PERSONNEL F. ADJOURNMENT MINUTES - MORRO REGULAR MEETING RECREATION HALL BAY CITY COUNCIL - JULY 28, 1986 - 7:00 P.M. Mayor Zeuschner called the meeting to order at 7:00 p.m. ,PnT,T, C..AT,T. PRESENT: Bud Zeuschner Ray Kaltenbach Jim Miller Bruce Risley Rose Marie Sheetz ABSENT: None STAFF: Forrest Henderson Judy Skousen Dave Bugher Nick Nichols Steve Wolter Ardith Davis ORAL COMMUNICATIONS Mayor Councilmember Councilmember Councilmember Councilmember Asst. to City Admin. City Attorney Acting Comm. Dev. Dir. Public Works Director Recreation & Parks Dir. Deputy City Clerk 1. Al Ashland requested Council establish a memorial plaque to Louis Domenghini; he cited Mr. Domenghini's contribu- tions to the community. Alan Domenghini, Louis Domenghini's son, also encouraged Council to establish the memorial. 2. Charles Palmer noted the number of motels recently be- ing constructed in Morro Bay and stated the City is not receiving revenue for new hook-ups when old motels are demolished and new ones erected and is, therefore, losing a considerable amount of revenue. He also stated the new motels have more rooms than the old ones did. 3. "B" Rohan, speaking on behalf of Imogene Haidit, Pres- ident of the Senior Citizens, encouraged Council to petition the School Board to sell the City property necessary to build the Community Center. Paula Dalliak spoke in favor of this action by the Council. A. PUBLIC HEARINGS,_ REPORTS & APPEARANCES A-1 PRESENTATION BY AMERICAN LUNG ASSOCIATION FOR CITY CONSIDER- ---- ATION OF PREPARING AN ORDINANCE TO REGULATE SMOKING IN PUB- LIC AND PRIVATE WORKSITES Janet Stecher, Program Coordinator for the American Lung Associa- tion, discussed the effects of second-hand smoke on non-smokers and quoted statistics. She proposed Council amend their current ordinance to make it stronger, and cited the one adopted by the MINUTES - MORRO BA' ITY COUNCIL REGULAR MEETING - JULY 28, 1986 PAGE 2 City of San Luis Obispo as a model. Ms. Stecher introduced Dr. Brian Patterson, a pediatrician in San Luis Obispo; and Steve Henderson, Assistant to the City Administrator for the City of San Luis Obispo and the individual charged with enforcing the San Luis Obispo ordinance. Comments were heard from both, with Mr. Henderson noting very little enforcement is necessary, and usu- ally a telephone call will take care of complaints. Mayor Zeuschner opened the hearing to the public. Comments in favor of a stronger ordinance were heard from Charles Palmer, Randall Ruff, Paul Price, and "B" Rohan. MOTION: Councilmember Sheetz moved Council direct staff to pre- pare an ordinance to regulate smoking in public and private worksites. The motion was seconded by Coun- cilmember Risley and unanimously carried. (5-0) A-2 REQUEST FOR WAIVER OF DEED RESTRICTION, 324 MAIN STREET Dave Bugher reviewed the history of this water equivalency appli- cation, and noted the deed restrictions that apply to transfer- ring water equivalencies. The applicant, Mr. Kalinowski, has personal and financial problems which are not applicable under the current waiver requirements. The Planning Commission had recommended the City Attorney prepare special findings to provide for relief from the ordinance; however, the City Attorney states the ordinance is specific in its restrictions, and the Council will have to amend the ordinance if they wish to provide relief to the applicant. Mayor Zeuschner opened the matter to the public. Edward Kalinowski outlined his problems and stated he is not against the ordinance requirements, however, he felt he had special circum- stances which Council should consider. He noted the Planning Commission felt his problems significant enough to recommend findings for waiver. Councilmember Risley noted Council had tried to help the Bayshore Bluffs owners in a similar situation and they went into bankruptcy anyway. However, he would like staff to bring back an amendment for Council to review, but Council should be very cau- tious in proceeding. MOTION: Councilmember Risley moved staff be requested to pre- pare the necessary amending ordinance. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) MOTION: Councilmember Sheetz moved Council table Mr. Kalinowski's request until the such time as an amend- ment is prepared. The motion was seconded by Coun- cilmember Miller and unanimously carried. (5-0) MINUTES - MORRO BA.. :ITY COUNCIL REGULAR MEETING - JULY 28, 1986 PAGE 3 A-3 RESOL_UTION NO. 82-86 REGARDING APPLICATION OF RESIDENTIAL REFUSE RATES TO NON-COMMERCIAL MULTIPLE DWELLING UNITS Mr. Henderson noted Council had previously adopted a resolution amending the refuse rates. The resolution had not included a clarification regarding the application of rates to non-commer- cial multiple dwelling units. The resolution before Council specifies the rates are applicable to each residential household unit. Mayor Zeuschner opened the matter to the public; there were no comments. MOTION: Councilmember Miller moved for the adoption of Resolu- tion No. 82-86. The motion was seconded by Council - member Sheetz and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 ORDINANCE NO. 286 AMENDING MORRO BAY MUNICIPAL CODE TO IN- CREASE MAYOR COUNCILMEMBERS' COMPENSATION - SECOND READING AND ADOPTION Mr. Henderson noted this Ordinance will increase Council compen- sation to $300 per month effective December 31, 1986. MOTION: Councilmember Miller moved Ordinance No. 286 be read by title and number only. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) Mr. Henderson read Ordinance No. 286 by title and number only. MOTION: Councilmember Miller moved for adoption of the second reading of Ordinance No. 286. The motion was seconded by Councilmember Sheetz. Councilmember Risley stated he wished the minutes to clearly state his position that he supports the increase in Council com- pensation, but the method is incorrect. He stated the issue should have been placed on the ballot since the electors are the employers of the Council; this type of procedure contributes to loss of confidence in government. Councilmember Kaltenbach agreed the matter should be placed on the ballot for the people to decide. The motion carried with Councilmember Kaltenbach voting no. ( 4-1 ) MINUTES - MORRO BA' CITY COUNCIL REGULAR MEETING - JULY 28, 1986 PAGE 4 B-2 ORDINANCE NO. 287 AMENDING MORRO BAY MUNICIPAL CODE TO PRO- VIDE FOR HARBOR COMMISSION _COMPENSATION - SECOND READING AND ADOPTION Mr. Henderson noted the ordinance sets compensation for the Har- bor Commission at $20 per meeting up to 2 meetings per month, and clarifies that the two commissioners from the commercial fishing industry do not have to be electors of the City. MOTION: Councilmember Kaltenbach moved Ordinance No. 287 be read by title and number only. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) Mr. Henderson read Ordinance No. 287 by title and number only. MOTION: Councilmember Risley moved for adoption of second read- ing of Ordinance No. 287. The motion was seconded by Councilmember Kaltenbach. Councilmember Miller stated he is against this ordinance; he felt if Council was going to compensate this commission, they should pay all of them. The motion carried with Councilmember Miller voting no. ( 4-1 ) B-3 ORDINANCE NO. 288 AMENDING TITLE 17 OF THE MORRO BAY MUNICI- PAL _CODE, THE ZONING ORDINANCE TEXT - SECOND READING AND ADnPTTnN Mr. Henderson stated this ordinance provides amendments to the Zoning Ordinance and includes adoption of the Beach Street Area Specific Plan. MOTION: Councilmember Risley moved Ordinance No. 288 be read by title and number only. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) Mr. Henderson read Ordinance No. 288 by title and number only. MOTION: Councilmember Risley moved for adoption and second reading of Ordinance No. 288. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) B-4 STATUS OF PUBLIC STAIRWAY CONSTRUCTIONN, CUP 05-8 (EMBARCADERO INN) Mr. Nichols reviewed the developments on construction of the stairway at the Embarcadero Inn. Although the developer has not initiated construction as of this date, the agreement requires completion by August 26, 1986. Mr. Nichols noted the pilings for the stairway were delivered. MINUTES - MORRO BA �`IITY COUNCIL REGULAR MEETING - JULY 28, 1986 PAGE 5 Councilmember Kaltenbach asked why the project was bonded for 100% when the minutes show it was supposed to be bonded for 150%. Ms. Skousen said when the project was bonded, it was bonded for the original estimate of project construction and the bond did reflect 150% of construction costs. However, there were modifi- cations to the specifications subsequent to bonding, which in- creased the construction costs. Councilmember Risley asked why the developer was given 60 days to complete construction when Council had discussed 30 days. Ms. Skousen stated the developer was unable to secure materials in the time frame, therefore, the City Administrator had authorized the 60 day limitation. No action was taken; status report only. C. NEW BUSINESS None D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JULY 14, 1986 Mr. Henderson recommended Council approve the minutes as submitted. D-2 DENIAL OF LIABILITY CLAIM AGAINST CITY (NANCE) Mr. Henderson recommended Council reject the claim and authorize the City Clerk to send the denial notice. D-3 DENIAL OF LIABILITY CLAIM AGAINST CITY (VAN WORMER) Mr. Henderson recommended Council reject the claim and authorize the City Clerk to send the denial notice. D-4 RESOLUTION NO. 81-86 ACCEPTING OFFSITE PUBLIC IMPROVEMENTS OF TRACT 1028 WITH CONDITIONS (SEQUOIA COURT) Mr. Henderson recommended Council adopt Resolution No. 81-86. D-5 RESOLUTION NO. 85-86 AUTHORIZING PURCHASE OF PROPERTY AT 955 SHASTA AND APPROPRIATION OF MONIES FOR REAL PROPERTY ACQUISITION Mr. Henderson recommended Council adopt Resolution No. 85-86 au- thorizing purchase of property at 955 Shasta and appropriating $120,000 from the General Fund Balance for this purchase. D-6 RESOLUTION NO. 84-86 CONFIRMING THE REPORT ON WEED ABATEMENT PROCEDURES AND MAKING ASSESSMENTS Mr. Henderson recommended Council adopt Resolution No. 84-86. MINUTES - MORRO BA CITY COUNCIL REGULAR MEETING - JULY 28, 1986 PAGE 6 D-7 EXPENDITURE REPORT - JUNE 1986 Mr. Henderson recommended Council approve the Expenditure Report as submitted. D-8 STATEMENT OF INVESTMENTS - JUNE 1986 Mr. Henderson recommended Council accept the report for file. D-9 CHAMBER OF COMMERCE MONTHLY REPORT - JUNE 1986 (PULLED) D-10 AWARD OF CONTRACT FOR PROJECT NO. PW 85-22;_BEACH STREET AND MAIN STREET RESURFACING _ Mr. Henderson recommended Council award Project No. PW 85-22 to Madonna Construction Company in the amount of $54,682.50. D-11 PUBLIC REPORT ON ACTION TAKEN AT CLOSED SESSION HELD DURING REGULAR COUNCIL MEETING OF JULY_1_4_, 1986 WHEREBY ON A 4-1 VOTE THE CITY COUNCIL VOTED TO UPHOLD THE HEARING OFFICER'S DETERMINATION THAT THE EMPLOYMENT OF JOHN NIST BE TERMINATED No recommendation; announcement only in accordance with Govern- ment Code Section 54957.1. Councilmember Risley requested items D-4 and D-6 be pulled from the Consent Calendar, and Councilmember Miller requested items D-2 and D-11 be pulled. MOTION: Councilmember Risley moved for the approval of the Con- sent Calendar with the exception of items D-2, D-4, D- 6, and D-11; also item D-9 which had been pulled. The motion was seconded by Councilmember Miller and unani- mously carried. (5-0) D-2 DENIAL OF LIABILITY CLAIM AGAINST CITY (NANCE) Councilmember Miller stated he was reluctant to act on this mat- ter without reading the police report. He said Council was asked to act on liability matters without information to substantiate the recommendation of the claims adjuster. Ms. Skousen stated the report contains evidence of a sensitive nature which cannot be discussed publicly. Councilmembers agreed they would like additional information on this item before acting and Ms. Skousen suggested they table the matter until she is able to provide them with information. MOTION: Councilmember Miller moved Council table this item and ask staff to report back in closed session. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) MINUTES - MORRO BA ITY COUNCIL REGULAR MEETING - JULY 28, 1986 PAGE 7 D-4 RESOLUTION NO. 81-86 ACCEPTING OFFSITE PUBLIC IMPROVEMENTS OF TRACT 1028 WITH CONDITIONS (SEQUOIA COURT) Councilmember Risley asked if it was necessary for Council to ap- prove this resolution when there are still outstanding items to be completed on the project. He noted the problems arising in the Bayshore Bluffs project when Council approved the improve- ments with a punch -list of items still outstanding. Mr. Nichols stated Council is under no obligation to approve the resolution; staff felt the items minor enough to approve with conditions. MOTION: Councilmember Risley moved this item be tabled and re- turned after completion of the items. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) D-6 RESOLUTION NO. 84-86 CONFIRMING THE REPORT ON WEED ABATEMENT PROCEDURES AND MAKING ASSESSMENTS Councilmember Risley asked questions regarding comparing this year's weed abatement program with last year's; Mr. Nichols responded. MOTION: Councilmember Risley moved for the adoption of Resolu- tion No. 84-86. The motion was seconded by Council - member Miller and unanimously carried. (5-0) D-11 PUBLIC REPORT ON ACTION TAKEN AT CLOSED SESSION HELD DURING REGULAR COUNCIL MEETING OF JULY 14, 1986 WHEREBY ON A 4-1 VOTE THE CITY COUNCIL VOTED TO UPHOLD THE HEARING OFFICER'S DETERMINATION THAT THE EMPLOYMENT OF JOHN NIST BE TERMINATED Ms. Skousen reminded Council there is no action required on this item; it is an announcement only in accordance with the Govern- ment Code's requirement to report actions taken in closed session regarding personnel in open session. Councilmember Miller discussed the discrepancies in the Personnel Rules and Regulations regarding "record" and "transcript" and re- quested Council not act on this matter until they read the tran- script. He also stated Mr. Nist has additional witnesses to dis- count some of the charges. Ms. Skousen suggested Council continue discussion of this matter in closed session. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL (a) Councilmember Risley asked for a report on the negotia- tions with the School Board on the City's request to purchase land from them for the Community Center. Mr. Wolter reviewed MINUTES - MORRO BA'. CITY COUNCIL REGULAR MEETING - JULY 28, 1986 PAGE 8 this matter and stated the School Board staff is recommending the Board sell a portion of the property to the City with several conditions. There was considerable discussion on this matter with Council en- couraging citizens to attend the School Board meeting on August 5th when the Board will consider the City's request. (b) Councilmember Sheetz noted Mrs. Phillips had won her suit against the County regarding her dog, Missy, and asked staff to determine if the City needs to amend their animal control or- dinance as a result of the Court's decision. (c) Councilmember Sheetz stated during budget hearings, Council had approved staff's recommendation not to allocate the additional $6,000 requested by the County Narcotics Task Force. Since that time, she has investigated the matter and found Morro Bay is the only City not to approve the additional allocation. She was in favor of approving the item at this time. Councilmember Risley suggested the matter be scheduled on the next agenda and a report from the Chief of Police be heard on the issue. Councilmember Sheetz did not feel Council needed to hear from the Chief again on this matter. Councilmembers Kaltenbach and Miller were in favor of approving the allocation this evening. MOTION: Councilmember Kaltenbach moved Council grant the $6,000 to the County Narcotics Task Force. The motion was seconded by Councilmember Miller. Ms. Skousen cautioned against allocating monies when the item was not scheduled on the agenda for Council consideration. Coun- cilmember Sheetz asked if it was placed on the next agenda, would it have to be placed under Hearings and public input received? Ms. Skousen stated she would check on the matter. The motion failed with Councilmembers Risley, Sheetz and Zeuschner voting no. (2-3) MOTION: Councilmember Sheetz moved Council appropriate $6,000 from the roll-over money in the Police Department for the County Narcotics Task Force, and instruct staff to place the matter on the agenda for Council approval at the next meeting. The motion was seconded by Coun- cilmember Risley and unanimously carried. (5-0) Councilmember Sheetz requested the item be placed on the agenda other than under Hearings; she did not feel further input was needed on this item. (d) Councilmember Miller noted the request earlier in the evening for a memorial plaque for Louis Domenghini. He encouraged Council to approve this item stating Mr. Domenghini had done a MINUTES - MORRO BA ITY COUNCIL REGULAR MEETING - JULY 28, 1986 PAGE 9 lot for the City. Councilmember Risley disagreed with the con- cept of providing a plaque for Mr. Domenghini, stating he had been on the receiving end of a vicious threatening verbal attack from Mr. Domenghini, and was not in favor of approving a memorial plaque for someone who is capable of acting in that manner. He did not think it appropriate for the City to begin a precedent of this nature. Councilmember Miller stated he would contact service clubs to see if they were interested in participating in this memorial. (e) Councilmember Kaltenbach stated the draft of the lease code inspections had been delivered to City staff; he requested a copy to review if Council had no objections. Council directed a copy of the report be placed in the Council's "Read File" for their perusal. (f) Mayor Zeuschner stated he has requested a meeting with the Governor or one of his aides to discuss the City's water situation and possible solutions. E-2 CITY ADMINISTRATOR Mr. Henderson had nothing to report. E-3 CITY ATTORNEY Ms. Skousen had nothing to report. F. ADJOURNMENT MOTION: Councilmember Miller moved the meeting adjourn to closed session. The motion was seconded by Council - member Sheetz and unanimously carried. (5-0) Mayor Zeuschner announced the Council would be meeting in closed session to discuss personnel in accordance with Government Code Section 54957. The meeting adjourned to closed session at 9:04 p.m. and returned to regular session at 10:09 p.m. MOTION: Councilmember Miller moved the meeting be adjourned. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) The meeting adjourned at 10:10 p.m. Recorded By: Ardith Davis Deputy City Clerk