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HomeMy WebLinkAboutCC_1986-08-25 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 25, 1986 AGENDA RECREATION HALL - 7:00 P.M. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ORAL COMMUNICATIONS - Members of the audience wishing to address the Council on matters other than scheduled hearinitems 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 CITIZENS' PRESENTATION OF PETITION FOR MOBILE HOME PARK RENT CONTROL ORDINANCE A-2 CONSIDERATION OF COUNTY SOLID WASTE MANAGEMENT PLAN, RESOLUTION NO. 88-86 A-3 CONSIDERATION OF CITY COUNCIL RESOLUTION NO. 91-86 OPPOSING PROPOSITION 61 INITIATIVE (GANN) B. UNFINISHED BUSINESS ORDINANCE NO. 289 AMENDING CHAPTER 9.24 OF THE MORRO BAY MUNICIPAL CODE DESIGNATING NO SMOKING AREAS IN CERTAIN PUBLIC AND WORK PLACES - SECOND READING AND ADOPTION B-2 ORDINANCE NO. 290 AMENDING SECTION 13.04.230 OF THE MORRO BAY MUNICIPAL CODE REGARDING SEWAGE FEE COLLECTION PROCESS - SECOND READING AND ADOPTION B-3 STATUS REPORT - EMBARCADERO LEASE SITE CODE INSPECTIONS C. NEW BUSINESS C-1 CONSIDERATION OF STOP SIGN FOR QUINTANA ROAD/MORRO BAY BLVD.; AND PINEYWAY/MORRO BAY BLVD. INTERSECTIONS D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF AUGUST 11, 1986 D-2 RESOLUTION NO. 93-86 APPROVING CUP 24-86 (CONCEPT PLAN) FOR REMODEL AND ADDITION TO EXISTING CONDITIONAL USES AT 901 AND 915 EMBARCADERO (MILDRED DENNIS, APPLICANT) AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 25, 1986 PAGE TWO D-3 RESOLUTION NO. 90-86 AMENDING CONDITION OF APPROVAL - TRACT 1324, NAPA GARDENS (6-UNIT CONDOMINIUM) D-4 AWARD OF BID PW 86-02 - TIDELANDS PARK FENCE (PHASE II) D-5 PROCLAMATION DECLARING SEPTEMBER, OCTOBER, NOVEMBER AND DECEMBER 1986 AS "GOOD NEIGHBOR MONTH" D-6 EXPENDITURE REPORT - JULY 1986 D-7 STATEMENT OF INVESTMENTS - JULY 1986 D-8 REJECTION OF LIABILITY CLAIM (FOSTER) (PULLED) D-9 RESOLUTION NO. 92-86 SUPPORTING PACIFICA'S "PACIFIC COAST FOG FEST WEEKEND" E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY CLOSED SESSION 1. GOVERNMENT CODE SECTION 54956.8 (INSTRUCTIONS TO CITY NEGOTIATOR CONCERNING SCHOOL DISTRICT PROPERTY). F. ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 25, 1986 RECREATION HALL - 7:00 P.M. The meeting was called to order at 7:00 p.m. by Mayor Zeuschner. Rnr.r. r AT.r. PRESENT: Bud Zeuschner Ray Kaltenbach Jim Miller Bruce Risley Rose Marie Sheetz ABSENT: none STAFF: Gary Napper Judy Skousen Forrest Henderson Nick Nichols Mike Upton Steve Wolter Elane Novak Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Asst. to City Adm. Public Works Director Adm. Asst. Parks & Rec. Director Deputy City Clerk The Reverend Charles Erickson of St. Peter's Episcopal Church gave the invocation; Mayor Zeuschner led the Pledge of Allegiance. ORAL COMMUNICATIONS None A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 CITIZENS' PRESENTATION OF PETITION FOR MOBILE HOME PARK RENT ORDINANCE Mr. Napper reviewed the citizens' request for a rent stabiliza- tion ordinance by Ellen Blythe's letter of July 21, 1986 to Mayor Zeuschner. Mayor Zeuschner opened the hearing to the public; the following people spoke on behalf of the item. Ernie Price, Ellen Blythe, Sandy Blake, Jim Rodgers, Craig Amspoker, Imogene Haidet and a gentleman from Silver City Mobile Home Park spoke in favor of a rent control ordinance. All the people who spoke noted large percentage increases in rent, and a reluctance of owners to even speak with them about the matter. As well as rent increases, several indicated that cable TV had been included in their rent fee; now, they had to pay that sepa- rately. It was also pointed out that in original leases signed 10 years or more years ago, the renters were to have use of a MINUTES - MORRO BA' ITY COUNCIL REGULAR MEETING - hv'GUST 25, 1986 PAGE 2 heated pool which has now been closed and no attempt made to bring it back into use (this was in reference to the Silver City Mobile Home Park). It was pointed out that Pismo Beach, Arroyo Grande and San Luis Obispo have rent stabilization ordinances and they have been very successful. The people involved in this public hearing presented the City with copies of sample ordinances and petitions in hopes that the City would use their format to prepare an ordinance for Morro Bay. MOTION: Councilmember Sheetz moved that staff be directed to make the necessary findings to develop an ordinance to bring about rent stabilization for mobile home parks in Morro Bay. The motion was seconded by Councilmember Risley and unanimously passed by roll call vote. (5-0) Council discussed when the best time would be for a public hear- ing, and asked staff to bring back an ordinance to the September 22nd meeting. Mayor Zeuschner also asked Mr. Napper if he would notify people involved of the scheduled meeting. Mr. Napper said that he would notify people representing the group this evening, and also indicated anyone who liked could leave their names and addresses with the Deputy City Clerk tonight. Staff would also advertise the hearing in the newspaper. Council indicated they want a very strongly worded ordinance that would benefit these people and make for good rent stabilization. A-2 CONSIDERATION OF COUNTY SOLID WASTE MANAGEMENT PLAN, RESOLU- TION NO. 88-86 Mr. Napper gave a brief report of the County Plan and indicated the City's Refuse Board had reviewed the plan. He said there are several members from the San Luis County Staff at the meeting who would like to present a brief overview to the City Council. Norma Dengler, County Project Coordinator for the Solid Waste Management Plan, gave a brief review of the Plan. She indicated that John Sholtis from the Environmental Health Department was present and they would be happy to answer questions. She dis- cussed why and how the Plan is being updated; what the issues are facing the County; and how they will be addressed in the future. It was noted only one disposal site is actually owned by the County or a city and that is in Paso Robles; all others are leased from private owners. She discussed future site acquisi- tion needs for disposal. Mayor Zeuschner opened the item to public hearing; there were no comments. MINUTES - MORRO BA CITY COUNCIL REGULAR MEETING - AUGUST 25, 1986 PAGE 3 MOTION: Councilmember Risley moved 88-86; it was seconded by unanimously passed. (5-0) that they adopt Resolution Councilmember Sheetz and A-3 CONSIDERATION OF CITY COUNCIL RESOLUTION NO. 91-86 OPPOSING PROPOSITION 61 INITIATIVE (GANN) - Mr. Napper reviewed Proposition 61 which proposes to regulate state and local government salaries by setting the Governor's salary at $80,000 per year and limiting other public employees to 80% of that figure. Additional provisions would regulate em- ployee vacation and sick leave, and contracts. Mayor Zeuschner opened the hearing to the public. Mr. Gaines stated if Council lobbies this issue, they must use their own funds; he objected to bureaucrats placing these matters on the agenda and spending time on a people's initiative. Councilmember Sheetz and Mayor Zeuschner spoke in opposition to the initiative and noted the amount of money it will cost the taxpayers in paying off vacation and sick leave accrued balances. Councilmember Kaltenbach did not believe the initiative was that bad and that some of the figures on costs to taxpayers could be overstated. MOTION: Councilmember Sheetz moved to adopt Resolution No. 91-86 opposing Proposition 61; it was seconded by Mayor Zeuschner and the motion carried on the following roll call vote: AYES: Miller, Sheetz, Zeuschner NOES: Councilmember Risley ABSTAIN: Councilmember Kaltenbach B. UNFINISHED BUSINESS B-1 ORDINANCE NO. 289 _AME_NDING CHAPTER 9.24 OF THE MORRO BAY MUNICIPAL CODE DESIGNATING NO SMOKING AREAS IN CERTAIN PUB- LIC AND WORK PLACES - SECOND READING AND ADOPTION Mr. Napper reviewed this ordinance and noted it would be pub- lished in its entirety in the newspaper for public information. MOTION: Councilmember Sheetz moved Ordinance No. 289 be read by title and number only; it was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) Mr. Napper read Ordinance No. 289 by title and number only. MINUTES - MORRO BA COUNCIL REGULAR MEETING - AUGUST 25, 1986 PAGE 4 MOTION: Councilmember Sheetz moved for adoption of the second and final reading of Ordinance No. 289; it was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) B-2 ORDINANCE NO. 290 _AMENDING SECTION 13.04.230 OF THE MORRO BAY _MUNICIPAL CODE REGARDING SEWAGE FEE COLLECTION PROCESS - SECOND READING AND ADOPTION Mr. Napper noted this ordinance is presented for second reading and adoption. MOTION: Councilmember Risley moved Ordinance No. 290 be read by title and number only; it was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) Mr. Napper read Ordinance No. 290 by title and number only. MOTION: Councilmember Risley moved for adoption of the second reading of Ordinance No. 290; it was seconded by Coun- cilmember Kaltenbach and unanimously carried. (5-0) B-3 STATUS REPORT - EMBARCADERO LEASE SITE CODE INSPECTIONS Mr. Napper reviewed staff progress in this regard since the last meeting. He said he sent a letter to all Lessees informing them of the preliminary findings of the code violations on their sites, requesting their compliance before enforcement procedures are initiated. Councilmember Kaltenbach said he disagreed with some of the pri- oritized findings by staff. He was also unhappy about the draft copy, and felt it should not be a preliminary report, but the fi- nal report. He wanted a signed statement from someone stating the Galley Restaurant is safe, and felt it should be brought up to code immediately. Mr. Napper explained how staff could proceed and some of the other alternatives open to Council. In the ensuing discussion Council noted many of the lease sites had zero, or one or two minor violations; they felt 95% of the lease site area was in good shape. They praised some of the lease site owners and wanted the ones who were in more serious violation, i.e. dumping sewage in the bay, to be dealt with immediately. Councilmember Miller did not agree as to the deteriorated state of the railroad ties supporting the Galley Restaurant. Coun- cilmember Kaltenbach suggested that anyone interested might like to go down at low tide and they could see for themselves that some ties supporting the Galley were rusted away and not even MINUTES - MORRO BA_ CITY COUNCIL REGULAR MEETING - AUGUST 25, 1986 PAGE 5 sitting on the cement pilings any longer; he also said there was a definite sway in the building due to lack of support from below. A number of suggestions were made as to further inspections. Mr. Nichols, Public Works Director, indicated he did not know if the consulting firm retained a structural engineer; the City does not. It was suggested we use our code inspector or other staff to accomplish the follow-up citations. Mr. Napper noted existing staff workload is already maximized, and additional funding to contract for outside services might be necessary and more expedi- ent. Mayor Zeuschner asked Mr. Napper to identify sources of funding in the next few weeks so a decision could be made. Mr. Napper indicated some sources available at this time. MOTION: Councilmember Risley moved a copy of the lease code in- spection report be given to each Harbor Commissioner, and the Commission be requested to assist in this mat- ter. The motion was seconded by Councilmember Kaltenbach and failed with Councilmembers Miller, Sheetz and Mayor Zeuschner voting no. (2-3) Councilmember Miller stated the report was over 200 pages long; Council had circulated a report and the Harbor Commission could do the same. MOTION: Mayor Zeuschner moved that a copy of staff Code Viola- tion Matrix be sent to the Harbor Commission, and the lease code inspection report be made available to them; it was seconded by Councilmember Sheetz and unanimously carried. (5-0) C. NEW BUSINESS C-1 CONSIDERATION OF STOP STC,N FOR OUINTANA ROAD/MORRO BAY BLVD.; AND PINEY WAY/MORRO BAY BLVD. INTERSECTIONS Mr. Nichols gave the report and a short overhead presentation. He indicated that at the time the signs are installed, sections of the roads in question would also be repaved on Quintana Road to LaLoma. After a brief discussion the following motions were made: MOTION: Councilmember Risley moved for the adoption of Resolu- tion No. 87-86; it was seconded by Councilmember Sheetz and unanimously carried. (5-0) Four citizens provided input in favor of a 4-way stop sign at Piney Way and Morro Bay Boulevard. MINUTES - MORRO BA.�-'_ITY COUNCIL REGULAR MEETING - AUGUST 25, 1986 PAGE 6 MOTION: Councilmember Sheetz moved for the adoption of Resolu- tion No. 89-86; it was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF AUGUST 1 1 , 1986 Mr. Napper recommended that Council approve the minutes as submitted. D-2 RESOLUTION NO. 93-86 APPROVING CUP 24-86 (CONCEPT PLAN) FOR REMODEL AND ADDITION TO EXISTING CONDITIONAL USES AT 901 AND 915 EMBARCADERO (MILDRED DENNIS, APPLICANT) Mr. Napper recommended Council adopt Resolution No. 93-86. D-3 RESOLUTION NO. 90-86 AMENDING CONDITION OF APPROVAL_- TRACT 1324, NAPA GARDENS (6-UNIT CONDOMINIUM) Mr. Napper recommended Council adopt Resolution No. 90-86. D-4 AWARD OF BID PW 86-02 - TIDELANDS PARK FENCE (PHASE II) Mr. Napper recommended Council award Project No. PW 86-02 to Town & Country Fencing in the amount of $5,938. D-5 PROCLAMATION DECLARING SEPTEMBERI OCTOBER, NOVEMBER AND DECEMBER 1986 AS GOOD NEIGHBOR MONTH Mr. Napper recommended Council authorize the Mayor to sign the proclamation. D-6 EXPENDITURE REPORT - JULY 1986 Mr. Napper recommended Council approve the July 1986 Expenditure Report. D-7 STATEMENT OF INVESTMENTS - JULY 1986 Mr. Napper recommended Council receive the report for file. D-8 REJECTION OF LIABILITY CLAIM (FOSTER) (PULLED) D-9 RESOLUTION NO. 92-86 SUPPORTING PACIFICA'S "PACIFIC _ COAST FOG FEST WEEKEND" Mr. Napper recommended Council adopt Resolution No. 92-86. Councilmember Risley asked that D-2 be pulled, and Councilmember Miller asked that D-9 be pulled. MINUTES - MORRO BA CITY COUNCIL REGULAR MEETING - AUGUST 25, 1986 PAGE 7 MOTION: Councilmember Sheetz moved for approval of items D-1 through D-8 with the exception of D-2 and D-9. Coun- cilmember Kaltenbach seconded the motion; it was unani- mously carried. (5-0) D-2 RESOLUTION NO._93-86 APPROVING CUP 24-86 (CONCEPT PLAN) FOR REMODEL AND ADDITION TO EXISTING CONDITIONAL USES AT 901 AND 915 EMBARCADERO (MILDRED DENNIS, APPLICANT) Councilmember Risley said as he remembered, the conditions on this item limited the extra height of 19 feet for the parapet to about 10 feet in length, but this was not listed in either the conditions nor in the minutes. He wanted it in the record as he did not want a situation similar to the Biaggini motel, which is over the height limit. After a brief discussion, the following motion was made. MOTION: Councilmember Sheetz moved condition no. 26 be added that the exemption for the height waiver from 17 feet to 19 feet for the parapet includes limiting the para- pet to 10 feet wide; this was seconded by Councilmember Risley and unanimously carried. (5-0) MOTION: Councilmember Risley made a motion to adopt D-2 as amended; it was seconded by Councilmember Kaltenbach and unanimously passed. (5-0) D-9 RESOLUTION NO. 92-86 SUPPORTING PACIFICA'S "PACIFIC COAST FOG FEST WEEKEND" Councilmember Miller felt Pacifica is too far away to invoke a "good neighbor clause"; also, we might be diverting tourism there during one of our slower periods. After a brief discussion City Council decided they would be will- ing to adopt this resolution, but extend an invitation to the Pacifica residents to support our Harbor Festival in October. MOTION: Mayor Zeuschner made a motion to adopt D-9 with an in- vitation for Pacifica to support our Harbor Festival. It was seconded by Councilmember Miller and unanimously carried. (5-0) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL 1. Councilmember Sheetz referred to a letter she had dis- tributed earlier to the City Council noting the concerns regard- ing increased motel construction in Morro Bay, permits for which were approved 2 to 3 years ago. She felt Council should address this pressing issue by amending the LCP and Water Allocation MINUTES - MORRO BA CITY COUNCIL REGULAR MEETING - AUGUST 25, 1986 PAGE 8 Model-, strengthening the ordinance relative to motel construc- tion, and analyzing the benefits of more motel construction. She suggested a special public hearing to discuss this entire matter. MOTION: Councilmember Sheetz moved a special public hearing re- garding water allocation and future motel construction be scheduled, and staff be instructed to research the legal action which can be taken to mitigate this prob- lem; it was seconded by Councilmember Risley and unani- mously carried. (5-0) Mayor Zeuschner stated he would poll Council for an agreeable date to hold the public hearing. 2. Councilmember Miller stated Brooks Townes, Telegram Tribune Reporter, was attending his last meeting tonight as he was leaving the area. He thanked Mr. Townes for his reporting. Mayor Zeuschner extended his best wishes on behalf of himself and the Council. 3. Councilmember Kaltenbach brought up the Lease Site Code Inspection Report; he wanted action taken immediately. He re- quested staff inspect the structural safety of the Galley Restau- rant and whether it is safe to be occupied by the public. Mr. Nichols noted inspection to determine safety will require a licensed structural engineer; the City does not have one on staff, and John Wallace, who prepared the inspection report, is not a structural engineer. Councilmember Risley asked if the Galley owners had been one of the lease site holders that had contacted Mr. Napper and were willing to go ahead with their code corrections. Mr. Napper in- dicated that was true, and he was to meet with the leaseholder on Tuesday, August 26. Council indicated they would be willing to wait until Wednesday and get the results of this meeting before making any decisions on the lease site. E-2 CITY ADMINISTRATOR 1. Mr. Napper stated he had attended a State Water Re- sources Control Board meeting last week with Mr. Nichols, Direc- tor of Public Works and Dave Norton, Water Engineer. He asked Mr. Nichols to give a report. Mr. Nichols indicated they had traveled to this meeting to obtain extensions on permits that were issued years ago and have since expired; some homeowners in the area of the proposed dam- site have protested. The City presented testimony at the meeting and felt it was well received. He said it would be 4-6 months before MINUTES - MORRO BA_ CITY COUNCIL REGULAR MEETING - AUGUST 25, 1986 PAGE 9 the City received a determination from this Board, which was a little disappointing. He also indicated the project might take 4-6 years to complete once all the permits were obtained. Mayor Zeuschner said he felt staff should go ahead with next step of the project in anticipation of approval of our permits. Councilmember Sheetz stated she had talked with the State Depart- ment of Fish and Game and they have verbally told 3 or 4 people they cannot ghost shrimp in the tidelands, but the paper work has not gone out. She said if anyone saw someone ghost shrimping, they should report it to the Department of Fish and Game. E-3 CITY ATTORNEY City Attorney, Judy Skousen, indicated she had 2 items for closed session. MOTION: Councilmember Sheetz moved Council adjourn to closed session. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) Mayor Zeuschner announced Council will hold a closed session pur- suant to Government Code Section 54957.8 to give instructions to the City's negotiator regarding negotiations with the San Luis Coastal Unified School District concerning the School District property; also, Council will discuss litigation in accordance with Government Code Section 54956.9; Gaines vs. City of Morro Bay, et al. The meeting adjourned to closed session at 9:20 p.m. and returned to regular session at 10:02 p.m. MOTION: Councilmember Sheetz moved the meeting be adjourned. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) The meeting adjourned at 10:03 p.m. Recorded by° ELANE NOVAK Deputy City Clerk