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HomeMy WebLinkAboutCC_1986-09-22 Regular Meeting Minutespi Die v - In D M�l L L DA1111 CITY COUNCIL REGULAR MEETING - SEPTEMBER 22, 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 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 PUBLIC HEARING ON MOBILEHOME RENT CONTROL ORDINANCE A-2 REVIEW OF MORRO BAY "CITY" PARK IMPROVEMENTS PLAN A-3 AUTHORIZATION TO APPLY FOR 1984 RECREATION FACILITIES ACT GRANT FUNDS FOR IMPROVEMENTS AT DEL MAR PARK, RESOLUTION NO. 103-86 B. UNFINISHED BUSINESS B-1 ORDINANCE NO. 291 AMENDING SECTION 13.20.090 OF THE MORRO BAY MUNICI- PAL CODE TO ALLOW TRANSFER OF PROJECT WATER EQUIVALENCIES FOR HARDSHIP CASES (SECOND READING AND ADOPTION) C. NEW BUSINESS C-1 ENCUMBRANCE OF CAPITAL PROJECT MONIES FROM FY 85-86, AND UNAUDITED FINANCIAL STATEMENTS FOR FY 85-86 C-2 RESOLUTION NO. 100-86 AUTHORIZING INSTALLATION OF STOP SIGNS - NUTMEG SOUTHBOUND AT CASITAS; AND NUTMEG SOUTHBOUND AT CUESTA C-3 RESOLUTION NO. 102-86 APPROVING EXTENSION OF DAYTIME BUS STOP ZONE AT CITY PARK C-4 REPORT ON PENDING AVALON STREET OVERLAY PROJECT, AND POLICY CLARIFICA- TION REGARDING STREET OVERLAY PROGRAM D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF SEPTEMBER 8, 1986 D-2 AWARD OF BID PW 85-07; QUINTANA ROAD-MORRO BAY BLVD. IMPROVEMENTS D-3 RESOLUTION NO. 101-86 AWARDING BID PW 86-255; WATERLINE MATERIALS AND FIRE HYDRANTS AGENDA - MORRO BAY CITY COUNCIL SEPTEMBER 22, 1986 PAGE TWO D-4 REJECTION OF BID PW 86-03; WASTEWATER TREATMENT PLANT IMPROVEMENTS D-5 COMPLETION OF PROJECT NO. PW 85-22; BEACH ST., AND MAIN ST. RESURFAC- ING PROJECT D-6 ANNUAL UPDATE AND APPROVAL OF CITY INVESTMENT POLICY D-7 APPROVAL OF TRACT MAP FOR TRACT 1424 (CONDOMINIUM PROJECT AT 520 MORRO AVE.; OWNER C. C. & J. HORACE) D-8 PROCLAMATION DECLARING OCTOBER 6-10, 1986 AS "MORRO BAY DIAL -A -RIDE WEEK" D-9 PROCLAMATION SUPPORTING "AMERICAN RED CROSS CAPITAL FUND CAMPAIGN" D-10 EXPENDITURE REPORT - AUGUST 1986 D-11 STATEMENT OF INVESTMENTS - AUGUST 1986 E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY CLOSED SESSION 1. GOVERNMENT CODE 54956.9(B)(1), SIGNIFICANT EXPOSURE TO LITIGATION, AND GOVERNMENT CODE 54957, PERSONNEL ADJOURNMENT - TO MONDAY, SEPTEMBER 29, 1986 AT 7:00 P.M. IN THE RECREATION HALL FOR DISCUSSION ON MOTEL/HOTEL CONSTRUCTION MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 22, 1986 RECREATION HALL - 7:00 P.M. The meeting was called to order at 7:00 p.m. by Mayor Zeuschner. POLL CALL PRESENT: Bud Zeuschner Ray Kaltenbach Jim Miller Bruce Risley Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Judy Skousen Louise Burt Forrest Henderson Dave Howell Nick Nichols Steve Wolter Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Finance Director Asst. to City Admin. Police Chief Public Works Director Recreation & Parks Dir. Reverend Woody Shoemaker of the Coast Christian Fellowship gave the invocation; and Mayor Zeuschner led the Pledge of Allegiance. ORAL COMMUNICATIONS 1. Larry Read, representing the Morro Bay Environmental Research Center, stated the Center has received approval from the Secretary of State to incorporate as a non-profit public benefit corporation. The purpose of the Center is the research and anal- ysis of the Morro Bay Estuary. He requested Council agenda time to make a formal presentation for use of City Lease Site No. 49- 49W, and City funding. 2. Jean Cartwright, member of the Water Advisory Board, invited Council and the public to the Morro Bay Water Expo to be held October 8, 1986 at the Community Room in the Library, from 4:00 p.m. to 8:30 p.m. 3. Warren Dorn, representing Morro Bay Beautiful, re- quested Council take action to abate the nuisance near Monterey and Harbor Street; the cypress trees need to be trimmed away from the right-of-way, and a sidewalk installed. 4. Ray Biering, attorney representing the Waterfront Leaseholders Association, discussed the organization's formation and their intention to work with the City in matters concerning the harbor. They are not opposed to the proposed new Master Lease, but want to have input into the final document. He re- quested Council given serious consideration to expanding the Har- MINUTES - MORRO BA,2ITY COUNCIL REGULAR MEETING - SEPTEMBER 22, 1986 PAGE 2 bor Commission to include one or two members of their organiza- tion; there needs to be representation on the Commission that speaks for the businesses on the Embarcadero. 5. Michael DeGarimore commented on his $3,600 water bill which is double his previous bill; he did not feel sufficient no- tification was given the public regarding the increase in water and sewer rates, and outlined some of the conservation measures he has instituted. 6. Ross Blakely provided commentary regarding the unan- nounced presentation of Mothers Against Drunk Drivers (MADD) at the last Council meeting, and suggested Council establish a Civilian Review Board to oversee the Police Department and give the public a forum to air their concerns. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PUBLIC HEARING ON MOBILEHOME RENT CONTROL ORDINANCE Mr. Napper reviewed this matter, noting Council is not compelled to take action to adopt the proposed ordinance this evening, and encouraged them to establish a committee to study the matter if they felt substantial changes to the ordinance were necessary. Judy Skousen reviewed the text of the ordinance and noted spe- cific policy questions Council would have to decide. Councilmem- ber Risley stated a rent control ordinance was introduced to Council in 1984; at that time Council tabled the matter to allow the tenants and the park owner at the Blue Heron to negotiate their problems. He asked if that could be considered a roll -back date for rent control. Ms. Skousen stated the minutes do not re- flect the ordinance was formally introduced for a first reading at that time; she also felt it would be illegal for Council to attempt to make the ordinance retroactive. Mayor Zeuschner opened the hearing to the public for comments. The public provided lengthy commentary as follows: Those speaking in favor of a rent control ordinance were Jim Rodgers, Ernie Price, Shirley Riggs, Craig Amspoker, John Osinga, Sandy Blake, Bob Reese, Mr. Knight, and Eva Jakehart. Most of the complaints concerned the Silver City Mobile Home Park and the Blue Heron Terrace; tenants cited an unwillingness of their park owners to negotiate with them. Comments in opposition to the rent control ordinance were heard from David Evans representing the Western Mobile Home Associa- tion, Mary Phillips, Guy Wilson of the Tratel Park, Don Howard of the El Morro Park, Mr. Hemp of the Cypress Park, Elston Kidwell of the Morro Palms Park, and Jack Jennings of Silver City Park. Most the park owners stated there were problems in only 2 parks in the City and it is unfair to penalize those parks who charge reasonable rents to their tenants. MINUTES - MORRO BAI 111ITY COUNCIL REGULAR MEETING - SEPTEMBER 22, 1986 PAGE 3 Councilmember Risley stated there are 20 mobile home parks in Morro Bay and 18 of them are attempting to be fair to their ten- ants. He recognized the reasonableness of park owners' requests not to penalize those that are fair, however, the people cur- rently in authority in the parks will not be there forever; the citizens in these parks need to be protected. He noted some of the changes he would like to see in the ordinance presented, and stated he was in favor of appointing a committee to study this matter comprised of 2 Councilmembers and representatives from the park owners and tenants, as well as staff. MOTION: Councilmember Sheetz moved Council appoint a special committee to work with the tenants, park owners, staff and Council to bring about an ordinance which would be fair to everyone. The motion was seconded by Coun- cilmember Risley. Mayor Zeuschner agreed with the committee concept and provided several policies he wished to have included in the ordinance. Council instructed this matter return to them at their second meeting in October. Mayor Zeuschner asked those wishing to serve on the committee to contact him. The motion was unanimously carried. (5-0) Council held a brief recess from 9:07 p.m. to 9:15 p.m. A-2 REVIEW OF MORRO BAY "CITY" PARK IMPROVEMENTS PLAN Mr. Wolter stated the City received a $10,000 grant to improve the Morro Bay Park, and a Master Plan has been prepared for imme- diate as well as long-range improvements. He reviewed the three phases of the park modifications and their costs, and noted the Recreation and Parks Commission, the Morro Bay Art Association and Morro Bay Beautiful had approved the Plan. "B" Rohan suggested leaving the restroom closer to the bus stop to serve the needs of those using the transit services. Mr. Wolter stated this had been taken into consideration, but it was determined the restroom should be primarily a convenience for those using the park, rather than those using the bus service. Joan Silva, Chairman of the Recreation and Parks Commission, urged Council to approve the plan as it is. Jeff Odell asked about the restroom scheduled for reconstruction on the Embar- cadero. Mr. Wolter noted there are three public restrooms needed in the City and they will be constructed as funding allows. MOTION: Councilmember Sheetz moved Council approve the Master Plan for the Morro Bay "City" Park as amended by the Recreation and Parks Commission regarding certain side- walks. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) MINUTES - MORRO BA_ %ITY COUNCIL REGULAR MEETING - SEPTEMBER 22, 1986 PAGE 4 A-3 AUTHORIZATION TO APPLY FOR 1984 RECREATION FACILITIES ACT GRANT FUNDS FOR IMPROVEMENTS AT DEL MAR PARKS RESOLUTION NO. 103-86 Mr. Wolter stated Council previously authorized staff to apply for grant funds for improvements at Del Mar Park, and the pro- posed resolution approves that application. He noted the im- provements included tennis courts, pathway construction, land- scaping, picnic shelter and group picnic area. No public com- ments were given. MOTION: Councilmember Kaltenbach moved for the adoption of Res- olution No. 103-86. The motion was seconded by Coun- cilmember Sheetz and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 ORDINANCE NO. 291 _AMENDING SECTION 13.20.090 OF THE MORRO BAY MUNICIPAL CODE TO ALLOW TRANSFER OF PROJECT WATER EQUIV- ALENCIES FOR HARDSHIP CASE (SECOND READING AND ADOPTION) Mr. Napper stated this ordinance allows for specific relief from the deed restrictions for sale of residences due to personal hardship cases. MOTION: Councilmember Kaltenbach moved Ordinance No. 291 be read by title and number only. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) Mr. Napper read Ordinance No. 291 by title and number only. MOTION: Councilmember Kaltenbach moved for the adoption of the second and final reading of Ordinance No. 291. The mo- tion was seconded by Councilmember Risley and unani- mously carried. (5-0) C. NEW BUSINESS C-1 ENCUMBRANCE OF CA_PIT_AL _PROJECT MONIES FROM FY 85-86, AND UNAUDITED FINANCIAL STATEMENTSFORFY 85-86 Mr. Napper reviewed the projects not completed in FY85-86 and en- cumbered to the new fiscal year. The amount of the project list this year is $2,282,716. He also noted operational savings of $125,000 which, according to new City policy, departments receive one-half of the savings for capital purposes in FY 86-87. The Unaudited Financial Statement shows revenues exceeded bud- getary estimates by $908,704; Council will consider these funds for capital expenditures during the mid -year capital budget review. MINUTES - MORRO BA'. "ITY COUNCIL REGULAR MEETING - SEPTEMBER 22, 1986 PAGE 5 Councilmember Miller was concerned about business people, such as Mr. DeGarimore's complaint about his high water bill, when the City has this amount of money. He felt all should pay the same rate for water, rather than higher rates for higher water users. Councilmember Risley disagreed; Mr. DeGarimore failed to mention the fact he had increased his water use by 47%. One of the pur- poses of the progressive water rate schedule is to get people to focus on use of water. MOTION® Councilmember Kaltenbach moved Council approve the en- cumbrance lists from FY 85-86, and accept the FY 85-86 unaudited financial statement. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) C-2 RESOLUTION NO. 100-86 AUTHORIZING INSTALLATION OF STOP SIGNS - NUTMEG SOUTHBOUND AT CASITAS; AND NUTMEG SOUTHBOUND AT CUESTA Mr. Nichols stated staff had reviewed the necessity for placing stop signs at this location in response to a citizen request. After analyzing the situation and in consideration of sight dis- tance problems, staff is recommending Council approval of estab- lishing stop signs at these locations. MOTION: Councilmember Sheetz moved for the adoption of Resolu- tion No. 100-86. The motion was seconded by Coun- cilmember Kaltenbach and unanimously carried. (5-0) C-3 RESOLUTION NO. 102-86 APPROVING EXTENSION OF DAYTIME BUS STOP ZONE AT CITY PARK Mr. Nichols stated three transit systems have requested the bus stop zone located at the City Park be extended by 44 feet to pro- vide a safer entrance and exit from the bus stop zone. This will eliminate the two daytime parking spaces next to the driveway of the IOOF Hall during the hours of 7:00 a.m. to 6:00 p.m. Up until Friday, staff had been unable to contact members of the IOOF. Since that time, however, this organization has informed staff of its objection to eliminating the parking spaces. Mr. Nichols suggested Council table the matter until this can be dis- cussed with them. MOTION: Councilmember Kaltenbach moved this matter be tabled. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) C-4 REPORT ON PENDING AVALON STREET OVERLAY PROJECT, AND POLICY CLARIFICATION REGARDING STREET OVERLAY PROGRAM Mr. Napper reviewed this matter stating staff had been questioned regarding the legality of having City crews construct the overlay project on Avalon. According to the Public Contracting Code, im- MINUTES - MORRO BA'_ :ITY COUNCIL REGULAR MEETING - SEPTEMBER 22, 1986 PAGE 6 provement elements of streets costing over $5,000 requires a pub- lic bid; maintenance can be accomplished by City crews. Since the City planned to increase the street width to 36 feet from 24 feet, the City Administrator determined the project did consti- tute an improvement, and directed City crews to withdraw from this site and begin maintenance overlaying on Shasta and Kings. He noted the increased costs in complying with the Public Con- tracting Code to pay prevailing wage rates and profits to con- tractors, thus reducing the number of streets that can be over- layed each year within funding limitations. Councilmember Sheetz asked who had lodged the complaint, and Mr. Napper stated Dale Reddell. Mr. Reddell stated Avalon is a main artery street in Morro Bay which deserves to be constructed in a proper and legal manner; much the way Piney Way was constructed. There was further discussion on this matter with Mr. Nichols pro- viding costs for construction options of Avalon. Councilmember Sheetz was in favor of overlaying Shasta and Kings, and requested staff inform the Avalon Street residents of the problems encoun- tered and the delay in re -constructing their street. Council concurred. D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF SEPTEMBER 8 1986 Mr. Napper recommended Council approve the minutes as submitted. D-2 AWARD OF BID PW 85-07; QUINTANA ROAD-MOR_RO BAY BLVD. IMPROVEMENTS Mr. Napper recommended Council award the bid to R. Burke Corpora- tion in the amount of $74,376.60. D-3 RESOLUTION NO. 101-86 AWARDING BID PW 86-255; WATERLINE MA- TERIALS AND FIRE HYDRANTS Mr. Napper recommended Council adopt Resolution No. 101-86 autho- rizing the purchase of waterline materials from 2 vendorsin an amount not to exceed $31,336.06. D-4 REJECTION OF BID PW 86-03; WASTEWATER TREATMENT PLANT IMPROVEMENTS Mr. Napper recommended Council reject all bids and authorize staff to re -advertise improvements by Request for Proposal. MINUTES - MORRO BA_ :ITY COUNCIL REGULAR MEETING - SEPTEMBER 22, 1986 PAGE 7 D-5 COMPLETION OF PROJECT NO. PW 85-22; BEACH ST. AND MAIN ST. RESURFACING PROJECT Mr. Napper recommended Council accept the Beach St., Main St. resurfacing project as complete, and authorize the City Adminis- trator to record the Notice of Completion. M ANNUAL UPDATE AND APPROVAL OF CITY INVESTMENT POLICY Mr. Napper recommended Council approve the Statement as proposed. D-7 APPROVAL OF TRACT MAP FOR TRACT 1424 (CONDOMINIUM PROJECT AT 520 MORRO AVE.; OWNER C. C. & J. HORACE) Mr. Napper recommended Council approve the final map, and autho- rize the City Clerk to execute the appropriate documents. D-8 PROCLAMATION DECLARING OCTOBER 6-10, 1986 AS "MORRO BAY DIAL -A -RIDE WEEK Mr. Napper recommended Council authorize the Mayor to proclaim October 6th-10th as Dial -a -Ride Week in Morro Bay. D-9 PROCLAMATION SUPPORTING "AMERICAN RED CROSS CAPITAL FUND CAMPAIGN" Mr. Napper recommended Council authorize the Mayor to sign the proclamation, and appropriate $500 from FY 86-87 General Fund Contingencies to support the Campaign. D-10 EXPENDITURE REPORT - AUGUST 1986 Mr. Napper recommended Council approve the Report as submitted. D-11 STATEMENT OF INVESTMENTS - AUGUST 1986 Mr. Napper recommended Council accept the report for file. Councilmember Sheetz requested item D-8 be pulled for separate discussion. MOTION: Councilmember Risley moved Council adopt the Consent Calendar, items D-1 through D-11, with the exception of item D-8. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) D-8 PROCLAMATION DECLARING OCTOBER 6-10_j_1986 AS "MORRO BAY DIAL -A -RIDE WEEK"���� Councilmember Sheetz asked for a clarification regarding the use of Dial -a -Ride buses for the Harbor Festival, in view of the pro- posed marketing plan and $1,000 budget. Mr. Nichols stated there are enough funds budgeted for both programs. MINUTES - MORRO BA`:. 'ITY COUNCIL REGULAR MEETING - SEPTEMBER 22, 1986 PAGE 8 MOTION: Councilmember Sheetz moved for the approval of item D-8. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL a. Councilmember Sheetz stated she had received a response from Senator Cranston regarding his support of Federalization of Big Sur, and advising he would be taking no action to implement this legislation. b. Councilmember Miller discussed the accusations he made at the last Council meeting regarding the Police Department. He said he does have documentation to support the accusations, and will let anyone who wants to see it. He has, however, decided to withdraw his accusations until after the election and the new Council is seated, and until the report from POST has been re- ceived and he has a chance to study it. After that time he will determine if he will continue with the allegations. C. Mayor Zeuschner discussed the proposal by Dr. Read at the beginning of the Council meeting. Council was in favor of placing this matter on the next agenda for a presentation by Dr. Read. d. Mayor Zeuschner noted the invitation from Jean Cartwright regarding the Water Expo; Councilmember Sheetz stated the Water Advisory Board will have a booth at the Harbor Festival. e. Mayor Zeuschner asked staff about Warren Dorn's request for abatement of the tree nuisance near the corner of Monterey and Harbor Street. Mr. Napper stated he would have a letter sent to the property owner, and determine if the trees encroach into City right-of-way. f. Mayor Zeuschner discussed Ray Biering's request to re- organize the Harbor Commission in order to include one or two business people from the Embarcadero. Councilmember Sheetz stated when Council last advertised for applicants to the Commis- sion, only Mr. Marciel and Mr. Tyler applied; Mr. Tyler walked out of the interviews before he was considered, and Council ap- pointed Mr. Marciel who later resigned for personal reasons. Mayor Zeuschner suggested he write a letter to Mr. Tyler, presi- dent of the Leaseholders Association, and inform him Council will not be reorganizing the Harbor Commission, but inviting their members to apply during the next recruitment for applicants. He personally considered it good policy to attempt to appoint a rep- resentative from the Embarcadero business people. MINUTES - MORRO BA'. �IITY COUNCIL REGULAR MEETING - SEPTEMBER 22, 1986 PAGE 9 Council discussed the lease code inspections, and Mr. Napper stated the lessees have been very cooperative with staff. g. Mayor Zeuschner asked Council if they wished to take action on Ross Blakely's suggestion to form a Police Review Board. Councilmember Miller stated it could be a good idea if used properly, but suggested it be tabled for a later time. Councilmember Kaltenbach felt it would hamper the Police Depart- ment to have a civilian Review Board. E-2 CITY ADMINISTRATOR a. Mr. Napper gave a status report on the Community Devel- opment Director recruitment. He stated he is in the process of interviewing and conducting background checks on the top three candidates. b. Mr. Napper stated the Governor signed a Bill which will go into effect January 1987 eliminating such unagendized matters as "Individual Determination" on the Council agenda. Council will be prohibited from acting on items not placed on the agenda or noticed 72 hours before the meeting. Councilmember Miller asked about items brought up by the public during Oral Communica- tion, and Mr. Napper said Council will probably have to schedule them as an agenda item at their next meeting in order to take action. E-3 CITY ATTORNEY a. Ms. Skousen stated she intended to file a response in the Gaines matter tomorrow. F. ADJOURNMENT MOTION: Councilmember Kaltenbach moved Council adjourn to closed session. The motion was seconded by Councilmem- ber Risley and unanimously carried. (5-0) Mayor Zeuschner stated Council will adjourn to closed session in accordance with Government Code Section 54956.9(b)(1), signifi- cant exposure to litigation; and Government Code Section 54957, personnel. The meeting will then adjourn to Monday, September 29, 1986 at 7:00 p.m. in the Recreation Hall for discussion on motel/hotel construction. The meeting adjourned to closed session at 11:12 p.m. and re- turned to regular session at 11:46 p.m. MOTION: Councilmember Kaltenbach moved the meeting adjourn to Monday, September 29, 1986 at 7:00 p.m. in the Recre- ation Hall. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) MINUTES - MORRO BA'- ��'ITY COUNCIL REGULAR MEETING - SEPTEMBER 22, 1986 PAGE 10 The meeting adjourned at 11:46 p.m. Recorded by: ARDITH DAVIS Deputy City Clerk