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HomeMy WebLinkAboutCC_1986-11-10 Regular Meeting MinutesCITY COUNCIL REGULAR MEETING - NOVEMBER 10, 1986 AGENDA RECREATION HALL - 7:00 P.M. ROLL CALL INVOCATION - REVEREND JIM KENNEMUR, FIRST CHRISTIAN 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 ORDINANCE NO. 294 ESTABLISHING MOBILEHOME AND RECREATIONAL VEHICLE PARK RENT STABILIZATION - FIRST READING A-2 RESOLUTION NO. 113-86 APPROVING AGREEMENT WITH SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT REGARDING REAL PROPERTY ACQUISITION FOR COMMUNITY CENTER A-3 RESOLUTION NO. 109-86 APPROVING TEMPORARY EXTENSION OF LEASE AGREEMENT - MOORING ZONE A1-4 (MORRO BAY MARINA) A-4 RESOLUTION NO. 110-86 APPROVING TEMPORARY EXTENSION OF LEASE AGREEMENT - LEASE SITE 51,51W (ASSOC. PACIFIC CONSTRUCTORS) A-5 RESOLUTION NO. 111-86 APPROVING TEMPORARY EXTENSION OF LEASE AGREEMENT - LEASE SITE 96,96W (ALVIN & NORMA HALL, WHALE'S TAIL) B. UNFINISHED BUSINESS B-1 REPORT ON "IN -PROCESS PROJECTS" UNDER INTERIM HOTEL/MOTEL BUILDING MORATORIUM B-2 RESOLUTION NO. 112-86 APPROVING EXTENSION OF DAYTIME BUS STOP ZONE AT "CITY" PARK C. NEW BUSINESS NONE D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF OCTOBER 27, 1986, AND THE ADJOURNED REGULAR MEETING OF OCTOBER 28, 1986 D-2 APPEAL OF PLANNING COMMISSION APPROVAL OF CUP 47-86 FOR 995 ALLESANDRO (DUBA AND GRANT, APPELLANTS) - SET HEARING DATE FOR 24 NOVEMBER 1986 AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 10, 1986 PAGE TWO D-3 APPROVAL OF FINAL MAP FOR TRACT 1341; 6-UNIT CONDOMINIUM PROJECT AT SE CORNER OF PACIFIC STREET AND NAPA AVENUE D-4 PROCLAMATION DECLARING NOVEMBER 17-22, 1986 AS "WINTER STORM PREPAREDNESS WEEK" D-5 PROCLAMATION DECLARING NOVEMBER 1986 AS "MORRO BAY HOSPICE MONTH" D-6 FIRST QUARTER CITY FINANCIAL STATEMENTS D-7 CITY INVESTMENT POLICY REVISION D-8 DENIAL OF LIABILITY CLAIM AGAINST THE CITY (L. JONES) D-9 DIAL -A -RIDE EXPANDED SATURDAY SERVICE NOVEMBER 29TH THROUGH DECEMBER 20TH FOR LOCAL HOLIDAY SHOPPING E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY F. CLOSED SESSION 1. GOVERNMENT CODE SECTION 54956.9(A) - LITIGATION (GAINES V. CITY OF rrtllnnn DTV\ �_ 2. GOVERNMENT CODE SECTION 54956.9(A) - LITIGATION (ROGERS V. CITY OF MORRO BAY) G. ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 10, 1986 RECREATION HALL - 7:00 P.M. The meeting was called to order at 7:00 p.m. by Mayor Zeuschner. PRESENT: Bud Zeuschner Ray Kaltenbach Bruce Risley Rose Marie Sheetz ABSENT: Jim Miller STAFF: Gary Napper Judy Skousen Louise Burt Alan Davis Bill Farrel Forrest Henderson Steve Wolter Elane Novak Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Finance Director Harbor Director Comm. Dev. Director Asst. to City Adm. Parks & Rec. Director Deputy City Clerk Reverend Jim Kennemur from the First Christian Church gave the invocation, and Horace Strong led the Pledge of Allegiance. Mayor Zeuschner made several announcements: a. There will be a special meeting on December 1st to swear in the new Mayor and City Councilmembers. The meeting will begin at 6:00 p.m. b. The State Fire Marshal Academy is being relocated to Camp San Luis Obispo in June/July 1987. C. Mayor Zeuschner was in receipt of a letter from Con- gressman Leon Panetta advising approximately $300,000 has been allocated in the Federal budget for a new Harbor Office in Morro Bay. ORAL COMMUNICATIONS 1. Nelson Sullivan distributed a letter to Council regard- ing the City's water supply and pipeline replacement program. Mr. Sullivan and Randy Ruff spoke briefly questioning the valid- ity of the program. 2. Horace Strong invited everyone to attend Veteran's Memorial Services scheduled for the next day in Los Osos. 3. Jim Rodgers discussed People's Self -Help housing for Seniors and encouraged everyone to get behind the project. 4. Mr. Napper introduced the new Community Development Director, Bill Farrel. 1 MINUTES - MORRO BA'_ ",ITY COUNCIL REGULAR MEETING - NOVEMBER 10, 1986 PAGE 2 A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 ORDINANCE NO. 294 _ESTABLIS_HI_NG MOBILEHOME AND RECREATIONAL VEHICLE PARK RENT STABILIZATION - FIRST READING Mr. Napper reviewed this item; Mr. Henderson outlined the issues Council asked the Committee to explore, and their recommenda- tions. He also reviewed how the CPI would be applied to annual rent increases. Mayor Zeuschner opened the hearing for public comments. Gloria Berry commended the Committee and Staff members for their fine work and requested Council pass the item tonight. The fol- lowing people also spoke in favor of the ordinance and expressed concern for people on a fixed income: Jim Rodgers, Nancy Mason, Ms. Willow, Ernie Price, and Hugo Hemp. Jack Jennings was not against the rent control ordinance, but said there was no need to be in a hurry to pass it as he felt it needed more work. John Emler of Sacramento, representing the California Trailer Parks Assoc., said the members of his organization were not aware of the meetings and would like a member of their organization on the committee and more time to work on the ordinance and its application to RV park sites. Ross Hale and Larry Smith were against the ordinance at this time. They felt that a person should have been on the committee to represent RV interests; some people live in their RV's, and those who do not and use them as a second home should not bene- fit. Jeff Odell suggested each case be considered not on the space itself, but the tenant occupying it. Sandy Blake and Shirley Riggs felt there was no problem whether it was a mobilehome space or RV space; the individual should pay the same rent whether they were a full time tenant or a non-resi- dent tenant. Mr. Sullivan felt eventually, with this ordinance, there would be no RV spaces. The item returned to Council; after brief discussion, Councilmem- ber Sheetz made the following motion. MOTION° Councilmember Sheetz moved for the adoption of the first reading of Ordinance No. 294. The motion was seconded by Councilmember Risley. There was further discussion on the motion with suggestions for amending the Ordinance. Councilmember Sheetz withdrew her motion. MOTION: Councilmember Sheetz moved to amend the Ordinance No. 294 to include a 100% CPI annual inflator clause on the vacancy decontrol base figure of $10.00 per month, and 6 MINUTES - MORRO BA'_ .'ITY COUNCIL REGULAR MEETING - NOVEMBER 10, 1986 PAGE 3 findings concerning shortage of housing, as cited in the City's Housing Element, for application of the Or- dinance to recreational vehicle spaces. The motion was seconded by Councilmember Risley and unanimously carried. (4-0) The amended ordinance was presented for public hearing. Comments were heard from Sandy Blake, Ross Hale, Hugo Hemp, Don Howard, Jeff Odell, Nelson Sullivan, and Shirley Riggs. * MOTION: Councilmember Risley moved Ordinance No. 294 as amended be read by title and number only. The motion was sec- onded by Councilmember Sheetz and unanimously carried. (4-0) Mr. Napper read Ordinance No. 294 by title and number. MOTION: Councilmember Kaltenbach moved to adopt the Ordinance No. 294 as amended for first reading. The motion was seconded by Councilmember Risley and unanimously carried. (4-0) Council took a brief recess from 8:30 p.m. to 8:37 p.m. A-2 RESOLUTION NO. 113-86 APPROVING AGREEMENT WITH SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT REGARDING REAL PROPERTY ACQUISITION FOR COMMUNITY CENTER Mr. Wolter displayed and discussed a map depicting the adjacent school property involved, and indicated there is approximately 0.67 acres the School District has agreed to sell the City for $100,000. The City is to make all improvements which will bring the total cost for the land to $1 1 6, 000. In addition, the City and the School District will jointly fund (50%-50%) a School Cam- pus Resource Officer for a 3-year pilot program. Mayor Zeuschner opened this matter to the public for comment. There was no public input. MOTION: Mayor Zeuschner moved for the adoption of Resolution No. 113-86. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0) MOTION: Mayor Zeuschner moved the City's real property purchase be referred to the Planning Commission for their review for conformance with the City's General Plan. The mo- tion was seconded by Councilmember Sheetz and unani- mously carried. (4-0) MOTION: Mayor Zeuschner moved Council appropriate $10,000 from FY 86-87 General Fund Contingencies to support the City's share of the Campus Resource Officer from Jan- uary through June 1987. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0) *Mayor Zeuschner amended the minutes on 11-24-86 to include his recommendation that the recreational vehicle inclusion be further analyzed and handled by separate ordinance. MINUTES - MORRO BA'. 2ITY COUNCIL REGULAR MEETING - NOVEMBER 10, 1986 PAGE 4 Mr. Wolter advised that the Citizens Advisory Committee would be meeting on Thursday, November 13th, with the architect to review tentative design plans on the Community Center. Councilmember Kaltenbach and Councilmember Risley gave their thanks for a job well done to Mr. Wolter and Mr. Napper. Mayor Zeuschner and Councilmember Sheetz added their thanks as well. Jim Rodgers thanked City Council and Staff and everyone who par- ticipated on behalf of the Seniors. A-3 RESOLUTION NO. 109-86 APPROVING_ TEMPORARY —EXTENSION OF LEASE AGREEMENT - MOORING ZONE A1-4 (jMORRO BAY MARINA) Alan Davis reviewed this item, noting completion of a Master Lease is still in the process of being finalized. Councilmember Risley asked Mr. Davis if the three extensions requested on the three different sites on the agenda this evening had been in- spected for code violations. Mr. Davis stated they had, and vio- lations were being addressed. Mayor Zeuschner opened the matter for public hearing; there were no public comments. MOTION: Councilmember Sheetz moved for adoption of Resolution No. 109-86. The motion was seconded by Councilmember Risley and unanimously carried. (4-0) A-4 RESOLUTION NO. 110-86 APPROVING TEMPORARY EXTENSION OF LEASE AGREEMENT - LEASE SITE 51,51W (ASSOC. PACIFIC CONSTRUCTORS) Mr. Davis said this lease site had been inspected. Lease site holders are working with the Public Works Department and will complete major reconstruction on all three of their leases during construction of their approved CUP plans. Mayor Zeuschner opened the matter for public hearing; there were no public comments. MOTION: Councilmember Sheetz moved for the adoption of Resolu- tion No. 110-86. The motion was seconded by Coun- cilmember Kaltenbach and unanimously carried. (4-0) A-5 RESOLUTION NO. 111-86 APPROVING TEMPORARY EXTENSION OF LEASE AGREEMENT - LEASE SITE 96196W (ALVIN & NORMA HALL, WHALE'S TAIL) Mr. Davis indicated there were some extensive structural and revetment needed repairs on this lease, but Mr. Hall had re- quested deferment until he had a new long-term lease with the City, due to the investment costs. I1 MINUTES - MORRO BA', "ITY COUNCIL REGULAR MEETING - NOVEMBER 10, 1986 PAGE 5 Councilmember Kaltenbach said it was be made a requirement of the lease. timeframe to complete code violations. imperative that the repairs He felt there should be a Mr. Davis gave an example of the uniform timeframe they have es- tablished on all waterfront violation corrections. The lessees with major construction violations on the revetment must provide evidence they have consulted with a Civil or Construction Engi- neer of their choice who is required to contact the Public Works Director; within 6 months, they must complete plans for process- ing through the City, Coastal Commission and Army Corps of Engi- neers. Construction must begin within 60 days of approval of all the required permits, and within 2 years construction must be complete. This is for major items; minor items must be corrected within 30 days. Mayor Zeuschner opened the matter for public hearing; there were no public comments. MOTION: Councilmember Sheetz moved for the adoption of Resolu- tion No. 111-86. The motion was was seconded by Coun- cilmember Kaltenbach and unanimously approved. (4-0) B. UNFINISHED BUSINESS B-1 REPORT ON "IN -PROCESS BUILDING MORATORIUM PROJECTS" UNDER INTERIM HOTEL/MOTEL Mr. Farrel gave a brief report on projects affected by Ordinance No. 292, the hotel/motel construction temporary moratorium. The two projects most affected by the proposed ordinance were the Cabrillo and Raj Motels. After discussion, Council decided these two projects would be allowed to continue as they had spent a considerable amount of money, time and effort in them to require them to stop their projects at this point. MOTION: Councilmember Risley moved Council declare the eight items listed in the staff report exempt from the in- terim moratorium, as they meet the requirements for vested interest. The motion was seconded by Coun- cilmember Kaltenbach and unanimously carried. (4-0) Mayor Zeuschner asked if Staff could get a report on the results of the retro-fit program to City Council. Mr. Napper said the annual report was currently being prepared and Mr. Farrel will try to bring this report to the Planning Com- mission in January and then to Council. This would also include information on the pipeline replacement program. 5 MINUTES - MORRO BA'.'ITY COUNCIL REGULAR MEETING - NOVEMBER 10, 1986 PAGE 6 B-2 RESOLUTION_ NO. 112-86 APPROVING EXTENSION OF DAYTIME BUS STOP ZONE AT 'CITY" PARK Mr. Napper reviewed this item noting the proposed resolution eliminates 2 street parking spaces next to the IOOF Hall to pro- vide additional area for the bus stop zone; the proposal was made in view of driver -safety needs. He noted the street parking spaces will be available after transit operating hours, which is the timeperiod the IOOF Hall is used most. MOTION: Councilmember Sheetz moved for the adoption of Resolu- tion 112-86. The motion was seconded by Councilmember Risley and unanimously carried. (4-0) C. NEW BUSINESS None D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF OCTOBER 27, 1986, AND THE ADJOURNED REGULAR MEETING OF OCTOBER 28, 1986 Mr. Napper recommended Council approve the minutes as submitted. D-2 APPEAL OF PLANNING COMMISSION APPROVAL OF CUP 47-86 FOR 995 ALLESANDRO (WALTER DUBA, APPELLANT) - SET HEARING DATE FOR 24 NOVEMBER 1986 Mr. Napper recommended Council set November 24th as the date to hear this appeal. D-3 APPROVAL FINAL MAP FOR TRACT 1341; 6-UNIT CONDOMINIUM PRO- JECT AT SE CORNER OF PACIFIC- STREET AND NAPA AVENUE Mr. Napper recommended that Council approve the Final Map for Tract 1341, and authorize the City Clerk to execute and record the documents. D-4 PROCLAMATION DECLARING NOVEMBER 17-22, 1986 AS "WINTER STORM PREPAREDNESS WEEK" Mr. Napper recommended that Council authorize the Mayor to sign the Proclamation. D-5 PROCLAMATION DECLARING NOVEMBER 1986 AS MORRO BAY HOSPICE MONTH Mr. Napper recommended that Council authorize the Mayor to sign the Proclamation. D-6 FIRST QUARTER CITY FINANCIAL STATEMENTS Mr. Napper recommended that Council receive the report for file. I MINUTES - MORRO BA1 ''.'ITY COUNCIL REGULAR MEETING - NOVEMBER 10, 1986 PAGE 7 D-7 CITY INVESTMENT POLICY REVISION Mr. Napper recommended Council approve the amended City Invest- ment Policy to add government security funds to our list of au- thorized investments. D-8 DENIAL OF LIABILITY CLAIM AGAINST THE CITY (L. JONES Mr. Napper recommended that Council deny the liability claim of Linda Jones, and instruct the City Clerk to send the rejection notice. D-9 DIAL -A -RIDE EXPANDED SATURD_AY SERVICE NOVEMBER 29TH THROUGH DECEMBER 20TH FOR LOCAL HOLIDAY SHOPPING Mr. Napper recommended that Council authorize the expanded opera- tion hours of our Dial -a -Ride system as proposed. MOTION: Councilmember Sheetz moved for adoption of the Consent Calendar, items D-1 through D-9. The motion was sec- onded by Councilmember Kaltenbach and unanimously car- ried. (4-0) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL a. Councilmember Risley said an item was brought to his attention last Friday; the Coldwell Banker office building on Morro Bay Blvd., which was renovated by Dale Reddell Construc- tion, has a parking space in the alley behind the building and seized City property to do so. He said this was also the case at the Scenic Coast Realty office building. He requested staff in- vestigate this matter and see if in fact City property has been illegally seized; he also requested a report on who inspected the premises during construction, and why no sidewalk was required on Bernardo Street. 2. Councilmember Kaltenbach referred to the leaky pipe problem discussed by Nelson Sullivan, and asked where the formula on which the program was based had come from. Mayor Zeuschner said that Mr. Napper had referred to the retro- fit and the leaky pipe problem earlier, and the report scheduled for January would address both of the concerns. 3. Councilmember Kaltenbach also referred to a letter re- garding Councilmembers Miller's allegations concerning the Police Dept.; he felt Mr. Miller should be forced to prove them since he had made a public statement about them. 4. Councilmember Risley said he wanted to set the record straight about Senior housing in Morro Bay; he would be leaving a 7 MINUTES - MORRO BA'. :ITY COUNCIL REGULAR MEETING - NOVEMBER 10, 1986 PAGE 8 letter in the Councilmembers boxes as he had not had time to pre- pare and bring it to the meeting. Councilmember Risley reviewed the history of the Piney Way property development noting plans for senior housing had been dropped due to lack of financing. He referred to both Mr. Rogers and Mr. Dorn and said he hoped they would really get behind the People's Self -Help Housing program. E-2 CITY ADMINISTRATOR 1. Mr. Napper stated he had an informational item received earlier today; a Notice to Circulate a Petition reserving the property next to Safeway for senior housing had been received in the City Clerk's Office. The notice was published November 3rd; 21 days after that date, or November 24th, they can begin circu- lating the petition. From the time they start circulating the petition, they have 180 days to gather signatures and file it with the City Clerk. 2. Mr. Napper noted he had been in contact with People's Self -Help Housing representative today and some of the people Mr. Risley referred to, regarding the location of senior housing on either the Piney Way property or the Texaco land. He noted some of the problems PSHH is having with individuals trying to influ- ence this matter and potentially jeopardizing the HUD housing grant. E-3 CITY ATTORNEY 1. Ms. Skousen said she wanted to bring Council up to date on one of the items she has been working on. On October 8 the City served Pacific Shellfish, Lease Site 129W-133W, with a 30-day notice to conform with the lease or quit the premises. The 30 days was up on November 7th and they had not complied. She said one of the things the City has been trying to do for some time is to get their books to perform an audit; the City suspects they are not paying the full amount of rent due on the gross receipts provisions of the lease, but they have not allowed the City to see their books. The lease is actually in the name of the Yeomans who live out of state; but the person who appears to be in charge of the lease site says he just works there. The Yeomans do not respond to letters nor can they be reached on the telephone. *It is not known if the person on the site is an em- ployee or a sub -tenant, or if the lease has been assigned to him. The City is requiring that the Yeomans return and actually take charge of the lease site and perform the repairs necessary to bring the site up to code. Ms. Skousen reported the City has been in contact with the North Coast Production Credit Associa- tion to whom the Yeomans owe $350, 000 as security on the lease. There is the possibility that the North Coast PCA will foreclose on the lease site. Ms. Skousen also informed Council she pre- pared an Unlawful Detainer today to evict the Yeomans from the lease site. 113 MINUTES - MORRO BA'. _ "ITY COUNCIL REGULAR MEETING - NOVEMBER 10, 1986 PAGE 9 Brief discussion followed concerning the fact that there were two gentlemen who were previously interested in the lease site. Mr. Napper said that was correct, Santa Maria Seafoods. He said he had received a phone call from them today and had not yet re- turned that call so did not know to what extent they were interested. F. ADJOURNMENT Mayor Zeuschner announced Council would adjourn to a closed ses- sion to discuss litigation in accordance with Government Code Section 54956.9 (a) ; Gaines v. City _of _Morro Bay; and Rodgers v. City of Morro Bay. MOTION: Councilmember Risley moved the meeting adjourn to closed session. The motion was was seconded by Coun- cilmember Kaltenbach and unanimously carried. (4-0) Council adjourned to closed session at 9:33 p.m. and returned to regular session at 9:46 p.m. Councilmember Sheetz brought up the letter from the Police attor- ney regarding Councilmember Miller's allegations against the Po- lice Department. Ms. Skousen stated there is minimal risk to the City since Councilmember Miller has publicly withdrawn his alle- gations. The City Attorney was requested to respond to the let- ter in writing. MOTION: Councilmember Risley moved the meeting be adjourned. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (4-0) The meeting adjourned at 9:48 p.m. Recorded by: ELANE NOVAK Deputy City Clerk O