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HomeMy WebLinkAboutCC_1986-10-27 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 27, 1986 AGENDA RECREATION HALL - 7:00 P.M. ROLL CALL INVOCATION - REVEREND CHARLES ERICKSON, ST. PETER'S EPISCOPAL CHURCH 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 PRESENTATION BY RODDE MC NELLIS REGARDING PRELIMINARY PROPOSAL FOR MORRO PALMS SHOPPING CENTER (SAFEWAY AREA) A-2 ORDINANCE NO. 292 ESTABLISHING MOBILEHOME PARK RENT STABILIZATION - FIRST READING A-3 PUBLIC HEARING ON ORDINANCE NO. 293 ENACTING AN INTERIM BUILDING MORATORIUM ON HOTEL/MOTEL CONSTRUCTION - FIRST READING A-4 CONSIDERATION OF AGREEMENT WITH SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT REGARDING REAL PROPERTY FOR COMMUNITY CENTER A-5 TIME EXTENSION TO SUBLEASE AGREEMENT - LEASE SITE NO. 90-90W (ABALONE UNLIMITED, SUBLESSEE) B. UNFINISHED BUSINESS B-1 STATUS REPORT - LEASE SITE CODE INSPECTIONS C. NEW BUSINESS C-1 RECOMMENDATION FROM COMMUNITY PROMOTIONS COMMITTEE REGARDING EXPENDITURE FOR OUTSIDE PROMOTIONAL ADVERTISING (BROCHURES) C-2 AUTHORIZATION OF EMPLOYEE HEALTH INSURANCE CONTRACT RENEWALS (PULLED) C-3 RESIGNATION OF DR. READ FROM HARBOR COMMISSION AND CONSIDERATION OF VACANCY APPOINTMENT D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES FROM THE REGULAR MEETING OF OCTOBER 13, 1986 D-2 NOTICE OF COMPLETION - STREET STRIPING PROJECT AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 27, 1986 PAGE TWO D-3 NOTICE OF COMPLETION - TIDELANDS PARK FENCE PROJECT D-4 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (MC DONALD, ET AL.) D-5 RESOLUTION NO. 105-86 SUPPORTING SCHOOL DISTRICT AND POLICE DEPARTMENT IN FIGHT AGAINST DRUG ABUSE ON SCHOOL CAMPUSES D-6 EXPENDITURE REPORT - SEPTEMBER 1986 D-7 STATEMENT OF INVESTMENTS - SEPTEMBER 1986 E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY CLOSED SESSION 1. GOVERNMENT CODE SECTION 54957.8, REAL ESTATE NEGOTIATION CODE CITATION F. ADJOURNMENT TO TUESDAY, OCTOBER 28, 1986, 7:00 P.M. IN THE CITY HALL CONFERENCE ROOM FOR A JOINT MEETING WITH THE CAYUCOS SANITARY DISTRICT MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 27, 1986 RECREATION HALL - 7:00 P.M. The meeting was called to order at 7:00 p.m. by Mayor Zeuschner. nnT.T. 021T.T. PRESENT: Bud Zeuschner Ray Kaltenbach Jim Miller Bruce Risley Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Judy Skousen Dave Bugher Alan Davis Forrest Henderson Nick Nichols Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Interim Comm. Dev. Dir. Harbor Director Asst. to City Admin. Public Works Director Reverend Charles Erickson from St. Peters Episcopal Church gave the invocation, and Mayor Zeuschner led the Pledge of Allegiance. Mayor Zeuschner announced the U. S. Department of Housing and Ur- ban Development has awarded a $2.29 million loan to Peoples' Self -Help Housing Corporation for 40 units of senior rental hous- ing in Morro Bay. It is estimated construction could begin in 18 to 24 months. Mayor Zeuschner stated he had a presentation to make to the Coast Guard, but would postpone that until someone from the Coast Guard was present. ORAL COMMUNICATIONS 1. Len Charpentier stated Councilmember Sheetz does not have a business license for her property management business, and Council should investigate it. 2. Ross Hale, Rancho Recreation Vehicle Park,discussed the rent control ordinance and requested the definition between mo- bilehome and recreational vehicle be clearly set forth in the ordinance. MINUTES - MORRO BA`_ ITY COUNCIL REGULAR MEETING - OCTOBER 27, 1986 PAGE 2 A. PUBLIC HEARINGS_ REPORTS & APPEARANCES A-1 PRESENTATION BY RODDE MC NELLIS REGARDING PRELIMINARY PRO- POSAL FOR MORRO PALMS SHOPPING CENTER (SAFEWAY AREA) Mayor Zeuschner stated this item is not on the agenda for City action this evening; it is a request by a member of the public to make a presentation to Council regarding possible development and expansion of the Morro Palms Shopping Center. Councilmember Miller objected to this item being on the agenda on several points; he suggested it was placed on the agenda by mem- bers of the Council who wrote ballot arguments against Measure B (Williams Property Initiative) to confuse voters in the upcoming election. He requested Council drop the item from the agenda un- til it has been studied by the Planning Commission and staff, and an actual permit application filed. Mayor Zeuschner stated a request from the potential developer was treated the same as any other individual, and was placed on the agenda in the same manner as others have been in the past. Coun- cil discussed whether or not to hear the presentation. MOTION: Councilmember Sheetz moved Council hear the report. The motion was seconded by Councilmember Risley. Councilmember Miller stated the expanded property acquisition had initially been planned for low cost senior housing. Councilmem- ber Risley called for a point of order and stated Councilmember Miller was out of order. The motion carried with Councilmember Miller voting no. ( 4-1 ) Bob Rodde, of Rodde McNellis, stated his firm develops and recon- structs shopping centers, and they have a plan to renovate and expand the Safeway Shopping Center. He reviewed a plot plan de- picting where various stores might be located. They planned to have a major grocery and drug store, with numerous satellite shops. He said they have signed an agreement to purchase the va- cant Piney Way parcel, and are awaiting a decision by the Safeway corporation to see if they will be disposing of their Southern California stores, of which the Morro Bay store is one. This de- cision should arrive sometime in November 1986. Mr. Rodde stated his purpose this evening is to garner Council and public opinion on the proposal so Rodde McNellis can be made aware of how this project might be received in the community be- fore investing and risking capital monies and time. Council asked questions regarding the proposal to which Mr. Rodde responded. MINUTES - MORRO BA1 2ITY COUNCIL REGULAR MEETING - OCTOBER 27, 1986 PAGE 3 Comments were heard from Warren Dorn and Ned Rogoway criticizing the project and Council's scheduling of this matter before an election on an initiative regarding another shopping center. Ed Smith and John Lemons were concerned about the traffic circula- tion impacts and the amount of time for an EIR and permit process before construction can begin on a project of this magnitude. Dan Leftault spoke in favor of the renovation of Morro Palms Shopping Center. Jim Rodgers spoke for the need to keep the Piney Way parcel for senior housing. Council discussed the matter at length, noting the application procedure the developer must go through for project approval in- cludes the Coastal Commission and General Plan amendment. MOTION: Councilmember Kaltenbach moved the applicant go through the next process and take his proposal to the Planning Commission. Councilmember Miller stated Council should not take action on this matter; Mr. Napper stated it was unnecessary to take action as the applicant has to go through normal channels for project approval. The motion died for lack of a second. Mayor Zeuschner thanked Mr. Rodde for his presentation, and sum- marized the major concerns expressed about the project relating to traffic impact and the "senior housing" issue. A-2 _ORDINANCE NO. 292 ESTABLISHING MOBILEHOME PARK RENT STABILIZATION Forrest Henderson reviewed the changes made to the ordinance by the Ad -hoc Committee. He noted staff did not agree with the ex- clusion of the vacancy decontrol clause in the ordinance; also, if Council concurred a sunset clause should be excluded, staff recommends a provision for an annual report to the Council on the effects and costs of the ordinance. As written, the ordinance requires the City to defend the decision of the Rent Review Board; staff believes any appeal of a Rent Review Board decision should be a civil judicial matter between the disagreeing parties. Judy Skousen noted the ordinance as written could apply to cer- tain RV parks; some people live in their RV's and Council needs to decide if the ordinance applies to them. Mr. Napper reviewed the items requiring a policy decision by Council and requested they give guidance and send the ordinance back to committee to develop specific language amendments. Councilmember Risley, a member of the Ad -hoc Committee, reviewed how the committee came to a consensus on some of the items. Re- MINUTES - MORRO BAD 'ITY COUNCIL REGULAR MEETING - OCTOBER 27, 1986 PAGE 4 Councilmember Risley, a member of the Ad -hoc Committee, reviewed how the committee came to a consensus on some of the items. Re- ferring to the legal costs for appealing decisions of the Rent Review Board, he felt it was appropriate for such a large section of the population to make a demand on the City to appropriate monies to absorb this expense. He noted some of the larger parks might be able to afford an appeal expense, but the smaller ones would not. Comments in favor of the Ordinance were heard from Ms. Brant, Charlene Hall, Ernie Price, Shirley Riggs, Ellen Blythe, Don Howard, Bob Reese, Sandy Blake, and Justine Clark. Comments from park owners identifying problem areas in the ordi- nance were heard from Elston Kidwell, Hugo Hemp, and Jack Jennings. Reverend Charles Erickson asked questions. After considering public input and staff recommendations, Council determined the following policy guidelines prior to referring the ordinance back to the Committee: 1. Council was not in favor of a sunset clause in the or- dinance, but requested the ordinance have an annual report clause. 2. An appeal of the Rent Review Board decision is a civil matter to be contested judicially by the parties, and not involv- ing the City. 3. Vacancy decontrol be placed back in the ordinance with some sort of cap on the amount a park owner can raise the rent on a space when it changes hands. 4. The Committee is to consider language in the ordinance to exempt those park owners charging $150 or less per space per month. 5. If an RV has been in a park for more than 9 months, it should be protected by the ordinance. 6. The percentage of tenants necessary to allow the in- crease of rents proposed by a park owner was lowered from 70% to 66% of the tenants. 7. Lease exemption provisions are already included in the ordinance by reference to State law premptions. 8. Council concurred with the $2.00 per space appeal fee. 9. Tenant voting on rent increases should be restricted to one vote per space. MINUTES - MORRO BAI 2ITY COUNCIL REGULAR MEETING - OCTOBER 27, 1986 PAGE 5 MOTION: Councilmember Sheetz moved this item be returned to the Committee along with Council policy guidelines as dis- cussed. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) Council recessed from 9:42 p.m. to 9:52 p.m. A-3 PUBLIC HEARING ON ORDINANCE NO. 293 ENACTING AN INTERIM BUILDING MORATORIUM ON HOTEL MOTEL CONSTRUCTION Dave Bugher reviewed his staff report, noting the ordinance was prepared at Council request after a special study session. He said the ordinance is only a temporary measure, and during this period staff will receive public input on modifying existing de- velopment standards for motel construction. Councilmember Miller asked about the proposed motel project for the corner of Main and Beach Streets. Mr. Bugher stated the pro- ject currently has use permits and Coastal permits applied to it; according to the ordinance as presently written, it qualifies as "in process" and will be allowed to be constructed. There was discussion regarding stopping the construction of this motel; Ms. Skousen stated she will have to review the project to see if it has vested rights. If it does not, Council can stop the construction in accordance with the ordinance. Mayor Zeuschner opened this matter to the public for comment. Mr. Miller presented Council with a letter from Harvey Rogers op- posing the motel moratorium; Council noted it had already re- ceived the letter. Mr. Miller also spoke in opposition to the moratorium. Council discussed this matter with a consensus on the definition of "in process" to mean those projects demonstrating vested rights. MOTION: Councilmember Risley moved Council amend Ordinance No. 293 to define "in process" as any project which demon- strates vested interest rights. The motion was sec- onded by Councilmember Kaltenbach and unanimously car- ried. (5-0) Mayor Zeuschner opened the hearing for public comments on the in- terim urgency ordinance as amended; there were none. MOTION: Councilmember Risley moved Ordinance No. 293 be read by title and number only. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) Mr. Napper read Ordinance No. 293 by title and number only. MINUTES - MORRO BAD 'ITY COUNCIL REGULAR MEETING - OCTOBER 27, 1986 PAGE 6 MOTION: Councilmember Risley moved for the adoption of Ordi- nance No. 293 as amended as an urgency measure. The motion was seconded by Councilmember Kaltenbach and unanimously carried by roll call vote. MOTION: Mayor Zeuschner moved Council instruct staff to prepare a plan of action to study and analyze the variables as- sociated with hotel/motel development in Morro Bay for approval and funding by Council. The motion was sec- onded by Councilmember Sheetz and unanimously carried. (5-0) A-4 CONSIDERATION OF AGREEMENT WITH SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT REGARDING REAL PROPERTY FOR COMMUNITY CENTER Mr. Napper reported this matter has been deferred to closed session. A-5 TIME EXTENSION TO SUBLEASE AGREEMENT - LEASE SITE NO. 90-90W (ABALONE UNLIMITED, SUBLESSEE) Alan Davis reviewed this matter and stated the recommendation is for approval of a time extension of the sublease for mariculture purposes to 15 December 1987 with conditions: 1) a sign be posted advertising public tours of the lease site and its operations; 2) the terms and conditions of the original Consent to Sublease are extended for the same period; and 3)-the parties will provide and/or execute any documents required by the City Attorney in connection with the agreement. The Harbor Commission reviewed and supported this extension. Mayor Zeuschner opened the matter for public hearing; no comments were received. Council expressed their pleasure at having this mariculture ac- tivity on the Embarcadero, and encouraged the sublessee's perma- nent stay in Morro Bay. MOTION: Councilmember Sheetz moved for the adoption of Resolu- tion No. 108-86. The motion was seconded by Coun- cilmember Kaltenbach and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 STATUS REPORT - LEASE SITE CODE INSPECTIONS Mr. Nichols gave his report to Council, noting that of a total of 44 leases, approximately 26 leases have been inspected and re- ceived official notification of requirements for correction. All lessees are being cooperative in complying with code require- ments. MINUTES - MORRO BA' 21TY COUNCIL REGULAR MEETING - OCTOBER 27, 1986 PAGE 7 Councilmember Risley asked numerous specific questions about nine leases which were noted as having problems with bay pollution in the original inspection report. Mr. Nichols responded to the questions. C. NEW BUSINESS C-1 RECOMMENDATION FROM COMMUNITY PROMOTIONS COMMITTEE REGARDING EXPENDITURE FOR OUTSIDEPROMOTIONAL ADVERTISING (BROCHURES) Mr. Napper reviewed this matter and the recommendation of the Community Promotions Committee to allocate $7,800 to print and distribute brochures; the Hotel Association will supplement this expenditure in the amount of $4,792 for the joint promotional program. Chris Thompson, Executive Director of the Chamber of Commerce, spoke briefly about the Visitors Conference Bureau steering com- mittee. MOTION: Councilmember Sheetz moved for the approval of FY86-87 Morro Bay Brochure printing and distribution program in an amount not to exceed $7,800 of City funds. The mo- tion was seconded by Councilmember Kaltenbach and unan- imously carried. (5-0) C-2 AUTHORIZATION OF EMPLOYEE HEALTH INSURANCE CONTRACT RENEWALS (PULLED) C-3 RESIGNATION OF DR. READ FROM HARBOR COMMISSION AND CONSIDER- ATION OF VACANCY APPOINTMENT MOTION: Councilmember Risley moved Council accept Dr. Read's resignation with regret. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) Council discussed filling the vacancy and decided to advertise it along with the other Commission terms expiring 31 December 1986. Mayor Zeuschner suggested Council think about altering the terms of Commissioners so that a majority of a board's terms expire concurrently with Council elections; and, terms be for a two year period only. D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES FROM THE REGULAR MEETING OF OCTOBER 13, 1986 Mr. Napper recommended Council approve the minutes as submitted. D-2 NOTICE OF COMPLETION - STREET STRIPING PROJECT Mr. Napper recommended Council accept Project PW 86-01 as com- plete, authorize the City Clerk to sign and file the Notice of MINUTES - MORRO BA', :;ITY COUNCIL REGULAR MEETING - OCTOBER 27, 1986 PAGE 8 Completion, and authorize the project cost overrun of $2,839 to be funded from the Street Division Budget. D-3 NOTICE OF COMPLETION - TIDELANDS PARK FENCE PROJECT Mr. Napper recommended Council accept Project PW 86-02 as com- plete, authorize the City Clerk to sign and file the Notice of Completion, and appropriate $361.61 from FY 86-87 Harbor Contin- gency Funds for project cost expenditures. D-4 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (MC DONALD, ET AL.) Mr. Napper recommended Council deny, jointly and severally, the liability claims of McDonald, J. Wiles, B. Wiles, Romero, Costell, and Garcia; and instruct the City Clerk to send the re- jection notices. D-5 RESOLUTION NO. 105-86 SUPPORTING SCHOOL DISTRICT AND POLICE DEPARTMENT IN FIGHT AGAINST DRUG ABUSE ON SCHOOL CAMPUSES Mr. Napper recommended Council adopt Resolution No. 105-86. D-6 EXPENDITURE REPORT - SEPTEMBER 1986 Mr. Napper recommended Council approve the Report as submitted. D-7 STATEMENT OF INVESTMENTS - SEPTEMBER 1986 Mr. Napper recommended Council accept the report for file. MOTION: Councilmember Sheetz moved Council adopt the Consent Calendar as presented. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL a. Mayor Zeuschner stated Council had previously voted to write a letter to the Board of Supervisors supporting the alloca- tion of SB 959 funds to the Morro Bay Environmental Research Cen- ter. He presented a letter for the entire Council's signature; all Councilmembers signed. b. Mayor Zeuschner stated he had received a request from Councilmember Griffin of San Luis Obispo requesting the Morro Bay City Council go on record in support of County Measure A on the November ballot regarding prohibition of onshore oil facilities. MOTION: Councilmember Sheetz moved Council go on record ex- pressing support of County Measure A. The motion was seconded by Councilmember Risley and unanimously car- ried. (5-0) MINUTES - MORRO BAD _�'ITY COUNCIL REGULAR MEETING - OCTOBER 27, 1986 PAGE 9 C. Councilmember Miller suggested Council contact the edi- tor of the Telegram Tribune requesting they pay their reporter past 10:00 p.m. so she can report what happens at Council meet- ings after that time. d. Councilmember Miller stated he had been notified by As- semblyman Seastrand that he had been selected to continue to serve on the California Mens Colony Advisory Board. e. Councilmember Miller stated he had received several complaints regarding numerous dogs running loose at the Rock area and nearby beaches. Staff will look into additional enforcement of the leash law and signage needs if required. E-2 CITY ADMINISTRATOR Mr. Napper had nothing to report. E-3 CITY ATTORNEY a. Ms. Skousen stated the Gaines garbage lawsuit will be heard on Wednesday, October 29th at 9:00 a.m. Councilmember Sheetz noted the accusations made this evening by Len Charpentier and felt they were libelous. She stated she is the owner and operator of Sugar 'n Spice and is in the property management business; the business license for the property man- agement is held in the name of the property owner. She explained the law regarding property management which had changed last year and stated she had filed a limited power of attorney with the County Recorder to comply with the law. She said her Western Union business is under the Sugar 'n Spice business license. Councilmember Miller stated while he believes Councilmember Sheetz' explanation, he wondered if Council should take action in view of the fact Council had been requested to conduct an inves- tigation. Ms. Skousen said Council could accept the information given by Councilmember Sheetz in response to the accusations. There was further discussion regarding Council's responsibility in this matter. Mr. Napper finally suggested Council refer the matter to him to be looked into by the Finance Director on the question whether or not Councilmember Sheetz is in compliance with the business license laws of the City; that aspect is the only question over which the City has jurisdiction. MOTION° Councilmember Kaltenbach moved Council accept Coun- cilmember Sheetz' response to the attack on her ability and her propriety in terms of conducting business; and, secondly, that Council authorize the City Administrator to conduct an investigation and issue a report to an- swer the question whether or not Ms. Sheetz is in com- MINUTES - MORRO BA �'ITY COUNCIL REGULAR MEETING - OCTOBER 27, 1986 PAGE 10 pliance with the business laws of the City of Morro Bay. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) F. ADJOURNMENT MOTION: Councilmember Sheetz moved the meeting adjourn to closed session. The motion was seconded by Councilmem- ber Miller and unanimously carried. (5-0) Mayor Zeuschner announced Council is adjourning to closed session to discuss real estate negotiations in accordance with Government Code Section 54957.8. Council adjourned to closed session at 11:28 p.m. and returned to regular session at 11:47 p.m. MOTION: Councilmember Sheetz moved the meeting adjourned to Tuesday, 28 October 1986 at 7:00 p.m. in the City Hall Conference Room for a joint meeting with the Cayucos Sanitary District. The motion was seconded by Coun- cilmember Miller and unanimously carried. (5-0) The meeting adjourned at 11:47 p.m. Recorded by: ARDITH DAVIS Deputy City Clerk