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HomeMy WebLinkAboutCC_1986-10-13 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 13, 1986 AGENDA RECREATION HALL - 7:00 P.M. ROLL CALL INVOCATION - REVEREND DONALD CAREY, UNITED PRESBYTERIAN CHURCH PLEDGE OF ALLEGIANCE PRESENTATIONS: PRESENTATION OF PROCLAMATION AND $500 CHECK TO AMERICAN RED CROSS CAPITAL FUND CAMPAIGN 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, bystanding and stating their name and address. Comments should normally be limited to three minutes. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PRESENTATION ON MORRO BAY ENVIRONMENTAL RESEARCH CENTER (DR. READ) A-2 COMMITTEE REPORT AND COMMISSION RECOMMENDATIONS ON TIDELANDS PARK SITE DEVELOPMENT PLAN A-3 RESOLUTION NO. 104-86 APPROVING ASSIGNMENT OF LEASE FOR USE OF CITY PROPERTY TO DAI HYUNG/SUN TOK (ADJACENT TO BT & THE DUCK) A-4 RESOLUTION NO. 106-86 SUPPORTING APPLICATION FOR ADDITIONAL WATER RIGHTS ON SAN BERNARDO CREEK (PULLED) A-5 PUBLIC AREA USE PERMITS; STREET FAIRE AND LIGHTED BOAT PARADE (DECEMBER 13) B. UNFINISHED BUSINESS NONE C. NEW BUSINESS C-1 PLANNING COMMISSION RECOMMENDATION FOR FUNDING AUGMENTATION TO CODE ENFORCEMENT PROGRAM D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF SEPTEMBER 22, 1986, AND THE ADJOURNED REGULAR MEETING OF SEPTEMBER 29, 1986 D-2 AWARD OF BID NO. FD 86-285 FOR FIRE SQUAD TRUCK AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 13, 1986 PAGE TWO D-3 4-H CLUB AUTHORIZATION TO PAINT ADDRESS NUMBERS ON CITY CURBS D-4 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (OLSEN) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY CLOSED SESSION 1. GOVERNMENT CODE 54957.9(A) - LITIGATION (QUALMAN OYSTER CO. VS. CITY OF MORRO BAY) 2. GOVERNMENT CODE 54957.8 - REAL PROPERTY NEGOTIATIONS WITH SCHOOL DISTRICT F. ADJOURNMENT MINUTES - MORRO REGULAR MEETING RECREATION HALL BAY CITY COUNCIL - OCTOBER 13, 1986 - 7:00 P.M. The meeting was called to order at 7:00 p.m. by Mayor Zeuschner. ROLL CALL PRESENT: Bud Zeuschner Ray Kaltenbach Bruce Risley Rose Marie Sheetz ABSENT: Jim Miller STAFF: Gary Napper Judy Skousen Alan Davis Steve Wolter Bernie Zerr Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Harbor Director Recreation & Parks Dir. Fire Chief Deputy City Clerk The invocation was given by Donald Carey of the First Presbyterian Church; and Mayor Zeuschner led the Pledge of Allegiance. Mayor Zeuschner noted Horace Strong, who usually leads the Pledge of Allegiance, has been in Alaska undergoing surgery to his knee. He thought others might want to wish him a speedy recovery. PRESENTATIONS Councilmember Sheetz, Co -Chairman of the American Red Cross Capital Fund Campaign for Morro Bay, presented Jean Knox, Board Secretary of the American Red Cross, a proclamation declaring City support of their Capital Fund Campaign and a $500 check to help their building campaign. Ms. Knox thanked the City for its support. Mayor Zeuschner stated he had a presentation to make to the Coast Guard, but would wait until a representative was present to make that award. Councilmember Sheetz presented Certificates of Appreciations to Bank of America; Lynn Budden of Century Federal; Laurie Brallier of Home Federal; Gary Gillman of Main Street Chevron; Len Shockey of Kites Galore; the Eagles; Jeff Russinski and Diana Koepp of KATY Radio; Chris Thompson of the Chamber of Commerce; Bob Burke of P. G. & E.; Cheryl Halterman of the Recreation and Parks Com- mission; Tom Wuriu of the Water Advisory Board; Dan Reddell and Keric Rowlee of Rotary. Councilmember Sheetz thanked these indi- viduals and organizations for their volunteer work and donations during a very successful Harbor Festival. MINUTES - MORRO BA1 ;ITY COUNCIL REGULAR MEETING - OCTOBER 13, 1986 PAGE 2 ORAL COMMUNICATIONS 1. Warren Dorn discussed the VRM property north of the High School and suggested staff be instructed to contact Peter Grenell of the Coastal Conservancy and Bill Briner of the State Department of Parks and Recreation as to possibilities of acquir- ing this property. He has information the property is in bankruptcy and it is a very opportune time for the City to have the State acquire it for a passive park. A. A-1 PUBLIC HEARINGS, REPORTS & APPEARANCES PRESENTATION ON MORRO BAY ENVIRONMENTAL RESEARCH CENTER (DR. READ) Dr. Larry Read discussed the newly incorporated Morro Bay Envi- ronmental Research Center, and reviewed to pollution -related problems in wetlands areas, and attributed some of the local problems to governmental bureaucracy. Dr. Tom Richards stated he will be the environmental educator at the Center and explained how students can get involved in gather- ing data for the research, and become informed about marine envi- ronments. Randy Ruff reviewed the Center's organization, tentative first year schedule of events, potential funding and income sources, and the research activities in progress. Dr. Read stated they look forward at a future date to entering into negotiations with the City for Lease Site 49-49W. Mr. Napper stated he had provided Council with excerpts from the Government Code and the Public Contract Code regarding some legal questions concerning the City's role with the Center. He sug- gested Council write a letter of support to the County Board of Supervisors regarding the Center's request to that agency for funding ($300,000) from oil and gas lease revenues to be adminis- tered by the County. Jeff Odell spoke in favor of the Research Center in Morro Bay. Councilmembers were in favor of the Center and made the following motions: MOTION: Mayor Zeuschner moved Council authorize the Mayor to draft a letter to the County Board of Supervisors in support of the $300,000 funding request to support the Center. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0) MOTION: Mayor Zeuschner moved staff relay the same request to the Harbor Commission to send a letter of support. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (4-0) MINUTES - MORRO BA1 :ITY COUNCIL REGULAR MEETING - OCTOBER 13, 1986 PAGE 3 MOTION: Mayor Zeuschner directed staff to further explore any way possible for the City to support an environmental research center. The motion was seconded by Coun- cilmember Risley and unanimously carried. (4-0) A-2 COMMITTEE REPORT AND COMMISSION RECOMMENDATIONS ON TIDELANDS PARK SITE DEVELOPMENT PLAN�� Steve Wolter reviewed the process of developing the master plan. He said a Citizens Advisory Committee composed of two Harbor Com- missioners, two Recreation and Parks Commissioners, one bluff -top property owner, and two citizens at large had met eight times to discuss the Tidelands Park Site Development Plan. Also, the Plan, as recommended by the Citizens Advisory Committee, has been reviewed by the Planning, Harbor, and Recreation and Parks Commission. Mr. Wolter reviewed the significant revisions recommended by the Planning and Harbor Commissions to the Plan adopted by the Citi- zens Advisory Committee. These were deletion of the small boat landing, elimination of the planters in the south parking lot, and deletion of the word "grass" for the word "ground cover" throughout the open area. Mr. Wolter reviewed the rationale for the Citizens Advisory Committee recommendations and stated their approval was arrived at through compromise and consensus. He recommended Council adopt Resolution No. 107-86 subject to the refinements, but not the revisions of the Planning and Harbor Commissions. Nancy Bast, a member of the Harbor Commission, spoke in favor of the Harbor Commission recommendations on the Plan, and praised the process used. Bill Grennel, upland property owner, reviewed some of the agree- ments made in the Tidelands property litigation settlement. Councilmember Kaltenbach asked how the property owners felt about the Plan as recommended by the Citizens Advisory Committee, and Mr. Grennel stated it was generally acceptable. Warren Dorn stated the Plan received unanimous support of Morro Bay Beautiful. Jeff Odell reviewed the process of arriving at the Plan and the effectiveness of the Committee process. Bernie Melvin, a Citizens Advisory Committee member, thanked the Council for appointing him to the committee and stated it was a very positive experience. Nelson Sullivan spoke to 2 deficien- cies in the Plan (need fresh water engine flush -out facilities, and move the fish -cleaning rack). MINUTES - MORRO BA1 CITY COUNCIL REGULAR MEETING - OCTOBER 13, 1986 PAGE 4 Councilmember Kaltenbach stated the Committee should be commended on working together and compromising. MOTION: Councilmember Kaltenbach moved for the adoption of Res- olution No. 107-86 as submitted by the Citizens Advi- sory Committee regarding Tidelands Park Site Develop- ment Plan. The motion was seconded by Councilmember Risley. Councilmembers were very pleased with the results of the Citizens Advisory Committee, and the justification by Mr. Wolter in sup- port of the Committee decisions. They believed if some individu- als were not totally pleased, at least most could live with the Plan. The motion was unanimously carried. (4-0) MOTION: Mayor Zeuschner moved Council establish a policy deter- mination that the Tidelands Park Site Development Re- port include designation of Lease Site 49-49W as an ap- propriate site for a marine research center. The mo- tion was seconded by Councilmember Sheetz and unani- mously carried. (4-0) Council recessed from 9:04 p.m. to 9:10 p.m. Councilmember Sheetz left during this period. A-3 _RESOLUTION NO. 104-86 APPROVING ASSIGNMENT OF LEASE FOR USE OF CITY PROPERTY TO DAI HYUNG SUN TOK (ADJACENT TO BT & THE DUCK) -� Mr. Napper stated the property involves a small portion of the parking lot at the BT & The Duck restaurant/drive-in. There are new owners of the restaurant and they would like to continue us- ing the City's property for parking. The rent has been increased to $328 per year, they are required to maintain the adjacent landscaping, and provide a certificate of insurance indemnifying the City. Mayor Zeuschner opened the matter to the public for comments; there were no comments on this subject. Councilmember Risley felt the rent was low for 6,500 sq.ft., and Mr. Napper explained if the rent was too high, the lessee might choose not to lease the property from the City. People would then still use the area for parking, unless the City constructed a fence around it. Mr. Napper stated the preferrable option for the City is to sell our property and return it to the property taxrolls; however, the adjacent land owner is not interested at this time. MOTION: Councilmember Kaltenbach moved for the adoption of Res- olution No. 104-86. The motion was seconded by Coun- cilmember Risley and unanimously carried. (3-0) MINUTES - MORRO BA1:�ITY COUNCIL REGULAR MEETING - OCTOBER 13, 1986 PAGE 5 A-4 RESOLU_TION NO. 106-86 S_UPPORTING _APPLICATION FOR ADDITIONAL WATER RIGHTS ON SAN BERNARDO CREEK (PULLED) A-5 PUBLIC AREA USE PERMITS; STREET FAIRE AND LIGHTED BOAT PARADE (DECEMBER 13) Mr. Wolter reviewed the request by the Merchant's Association and Chamber of Commerce for closing Morro Bay Blvd. from the City Park to Main Street to hold a Street Faire on December 13th. He noted complaints from merchants in the area from City Park to Shasta Street opposed to having the street closed in front of their businesses, and reviewed several alternatives to the origi- nal request. In conjunction with this, the City was planning to hold the an- nual lighted boat parade on the same day after lighting of the Christmas Tree at City Park. However, a comment has been re- ceived that the boat parade on a Saturday night tends to hurt restaurant business on the Embarcadero, while Sunday is a slow night for business and therefore better for the parade. Staff has no objections to holding the parade on Sunday evening, December 14th. Mayor Zeuschner asked if the public had any comments on this is- sue. Chris Thompson, Chamber Manager, said the Committee is willing to work with a modified street closure plan to include closing Morro Bay Blvd. from Shasta to Main Street, and the first block of Napa on either side of Morro Bay Blvd. They did not feel there would be a problem with holding the boat parade on Sunday evening. Lynn Budden, Century Federal, said the Committee needed the extra space because of the number of applications be- ing received; she also requested the street closed earlier be- cause the Faire starts earlier this year and merchants need time to set up their displays. MOTION: Councilmember Risley moved Council approve the permit application for the Street Faire on Morro Bay Blvd. from Shasta to Main St. including Napa as needed, on December 13th from 7:30 a.m. to 4:30 p.m.; and, the boat parade on December 14th. The motion was seconded by Councilmember Kaltenbach. Mayor Zeuschner made a suggestion for using Morro Bay Blvd. west of Main Street to Centennial Stairway for future Street Faires. The motion was unanimously carried. (3-0) B. UNFINISHED BUSINESS None MINUTES - MORRO BA! :ITY COUNCIL REGULAR MEETING - OCTOBER 13, 1986 PAGE 6 C. NEW BUSINESS C-1 PLANNING COMMISSION RECOMMENDATION FOR FUNDING AUGMENTATION TO CODE ENFORCEMENT PROGRAM Mr. Napper reviewed this matter stating the Planning Commission has forwarded a recommendation to Council to increase the City's Code Enforcement Program from 20 hours per week to a full-time 40 hours per week. He noted the mid -year budget review will be com- ing up in January 1987, and suggested Council defer this matter to that time to consider the appropriation in light of other City needs and a new Community Development Director's recommendation. MOTION: Mayor Zeuschner moved this matter be deferred to Jan- uary 1987 mid -year budget review session with a favor- able recommendation. The motion was seconded by Coun- cilmember Kaltenbach and unanimously carried. D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF SEPTEMBER 22, 1986, AND THE ADJOURNED REGULAR MEETING OF SEPTEMBER 29, 1986 Mr. Napper recommended Council approve the minutes as submitted. D-2 AWARD OF BID NO. FD 86-285 FOR FIRE SQUAD TRUCK Mr. Napper recommended Council award the bid to Marion Corpora- tion in an amount not to exceed $80,000. �3 4-H CLUB AUTHORIZATION TO PAINT ADDRESS NUMBERS ON CITY CURBS Mr. Napper recommended Council authorize the painting of address numbers on curbs by the 4-H Club. D-4 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (OLSEN Mr. Napper recommended Council deny the liability claim of Thomas Olsen and authorize the City Clerk to send the rejection notice. MOTION: Councilmember Risley moved for the approval of the Con- sent Calendar, items D-1 through D-4. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (3-0) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL a. Mr. Risley discussed a complaint he had received re- garding a home built in the area of Whidbey and Tide which had gone up for sale even before it was through construction. He MINUTES - MORRO BAi CITY COUNCIL REGULAR MEETING - OCTOBER 13, 1986 PAGE 7 discovered it was built through the retrofit program which does not have the same restriction on it as the City's water equiva- lency program; that is, the restriction that the house cannot be sold for one year after it is completed. He felt the matter should be referred to the Planning Commission for a recommenda- tion to revise the retrofit program to comply with this restriction. MOTION: Councilmember Risley moved Council refer the issue of water allocations under the retrofit or potential retrofit program to the Planning Commission and Plan- ning Department for amendment with the intention that the deed restriction be applied to the retrofit pro- gram. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (3-0) b. Councilmember Kaltenbach requested a progress report on the lease code inspection program; Mr. Napper stated he would schedule a status report for the next Council meeting. C. Mayor Zeuschner discussed Mr. Dorn's comments under Oral Communications regarding the VRM property. Mr. Napper stated he would contact those involved to determine the status of the property. E-2 CITY ADMINISTRATOR Mr. Napper had nothing to report. E-3 CITY ATTORNEY Ms. Skousen had nothing to report. ADJOURNMENT MOTION: Councilmember Risley moved the meeting adjourn to closed session. The motion was seconded by Councilmem- ber Kaltenbach and unanimously carried. (3-0) Mayor Zeuschner announced Council is adjourning to closed session in accordance with Government Code Section 54957.9(a) to discuss litigation in the matter to Qualman Oyster Co. vs. City of Morro Bay; and Government Code 54957.8, real property negotiations with the School District. The meeting adjourned to closed session at 9:55 p.m. and returned to regular session at 10:07 p.m. MOTION: Councilmember Risley moved the meeting be adjourned. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (3-0) MINUTES - MORRO BAi -''ITY COUNCIL REGULAR MEETING - OCTOBER 13, 1986 PAGE 8 The meeting adjourned at 10:07 p.m. Recorded by: a:o�AC45;-� ARDITH DAVIS Deputy City Clerk