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HomeMy WebLinkAboutCC_1987-01-12 Regular Meeting MinutesCITY COUNCIL REGULAR MEETING - JANUARY 12, 1987 AGENDA RECREATION HALL - 7:00 P.M. ROLL CALL INVOCATION - REVEREND TOM GESHAY, CALVARY BAPTIST 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. 300 EXPANDING THE RECREATION AND PARKS COMMISSION TO 7 VOTING MEMBERS - FIRST READING A-2 ORDINANCE NO. 299 ENACTING MOBILEHOME AND RECREATIONAL VEHICLE PARK RENT STABILIZATION RESIDENCY REQUIREMENTS - FIRST READING A-3 ORDINANCE NO. 298 ESTABLISHING A HARBOR ADVISORY BOARD WITH CATEGORICAL REPRESENTATIONS - FIRST READING A-4 CITIZENS REQUEST FOR RECONSIDERATION OF PEOPLE -INITIATED STREET ASSESSMENT DISTRICT FOR MIMOSA STREET A-5 APPLICANT REQUEST FOR REHEARING ON DENIED CUP 47-86 FOR A PESTICIDE BUSINESS OFFICE AND SECURITY QUARTERS AT 995 ALLESANDRO (MARSHALL KING, APPLICANT) A-6 CLARIFICATION OF ORDINANCE NO. 207 (MEASURE D,' INITIATIVE MEASURE ADOPTED JUNE 1981) REGARDING SALT WATER TAFFY (LEASE SITE 137) AND FISH SHANTY (LEASE SITE 134-136) EXPANSION PLANS B. UNFINISHED BUSINESS B-1 RECONSIDERATION OF COMBINING REFUSE FRANCHISE BOARD AND TV FRANCHISE BOARD INTO A UTILITIES FRANCHISE BOARD C. NEW BUSINESS C-1 RESOLUTION NO. 1-07 ESTABLISHING A STREET ADVISORY COMMITTEE AND STAFF REPORT ON AVALON STREET OVERLAY ALTERNATIVES C-2 RENEWAL OF LEGAL SERVICES CONTRACT FOR CITY ATTORNEY AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 12, 1987 PAGE TWO C-3 DISCUSSION OF NEW LAWS REGARDING PUBLIC MEETINGS AND RESOLUTION NO. NO. 3-87 ADOPTING AGENDA NOTIFICATION PROCEDURES AND POSTING SITES C-4 DISCUSSION OF CITY COUNCIL AGENDA FORMAT AND MEETING PROCEDURES D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF DECEMBER 8, 1986 AND THE ADJOURNED REGULAR MEETINGS OF DECEMBER 29 AND 30, 1986 D-2 EXPENDITURE REPORT - NOVEMBER, 1986 D-3 STATEMENT OF INVESTMENTS - NOVEMBER 1986 D-4 RESOLUTION NO. 2-87 CONGRATULATING ROBERT L. BOYD ON HIS RETIREMENT AS A SPECIAL AGENT OF THE FEDERAL BUREAU OF INVESTIGATION E. CLOSED SESSION E-1 GOVERNMENT CODE SECTION 54956.9(B)(1), SIGNIFICANT EXPOSURE TO LITIGATION E-2 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION CITY OF MORRO BAY VS. BROWN, ET AL. CITY OF MORRO BAY VS. STEPHAN YEOMAN, PACIFIC SHELLFISH, ET AL CITY OF MORRO BAY VS. BAYSHORE VILLAS LOPERENA VS. CITY OF MORRO BAY CABRILLO ENTERPRISES VS. CITY OF MORRO BAY GAINES VS. CITY OF MORRO BAY SMITH ET AL. VS. CITY OF MORRO BAY F. ADJOURNMENT MINUTES - MORRO REGULAR MEETING RECREATION HALL BAY CITY COUNCIL - JANUARY 12, 1987 - 7:00 P.M. The meeting was called to order by Mayor Reddell at 7:00 p.m. ROLL CALL PRESENT: Dale Reddell John Lemons Jim Miller Jeff Odell Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Judy Skousen Alan Davis Bill Farrell Forrest Henderson Nick Nichols Steve Wolter Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Harbor Director Comm. Development Dir. Asst. to City Admin. Public Works Director Recreation & Parks Dir. Reverend Tom Geshay of the Calvary Baptist Church gave the invo- cation, and Horace Strong led the Pledge of Allegiance. ORAL COMMUNICATIONS 1. Thomas Cahill, Chairman of the TV Franchise Board, criticized staff's handling of a proposal to combine the TV Fran- chise Board and the Refuse Franchise Board into one board without notifying or consulting the Boards involved; he felt the Boards should have been consulted before Council considered the matter so Council could have the benefit of the Boards' input before making a decision. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 ORDINANCE NO. 300 EXPANDING THE RECREATION AND PARKS COMMIS- SION TO 7 VOTING MEMBERS - FIRST READING Steve Wolter reviewed this matter noting the history of ex-offi- cio positions on the Recreation and Parks Commission. The pro- posed ordinance expands the current 5-member board to a 7-member board to transfer the ex-officio members to voting positions, and provides one member shall represent a youth -serving organization and one member shall represent a senior adult service organization. Mayor Reddell opened the matter to public hearing. Imogene Haidet, President of the Morro Bay Senior Citizens, expressed displeasure that Council did not appoint a member of the Morro MINUTES - MORRO LAY CITY COUNCIL REGULAR MEETING - JANUARY 12, 1987 PAGE 2 Bay Seniors to represent the Seniors on the Commission; she felt Jim Rodgers would have been an excellent choice. Mayor Reddell closed the hearing to the public. MOTION: Councilmember Lemons moved Ordinance No. 300 be read by title and number only. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) Mr. Napper read Ordinance No. 300 by title and number only. MOTION: Councilmember Lemons moved for the adoption of the first reading of Ordinance No. 300. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) A-2 ORDINANCE NO. 299 ENACTING MOBILEHOME AND RECREATIONAL VEHI- CLE PARK RENT STABILIZATION RESIDENCY REQUIREMENTS - FIRST ING Forrest Henderson reviewed the amending ordinance explaining the proposal will exclude from the rent control ordinance those mo- bilehome and recreational vehicle units which are not the actual domiciles of individuals. Mayor Reddell opened the matter to public hearing. Comments opposed to amending the current ordinance were heard from Frank Kiler, Charlene Hall of the Golden State Mobile Home- owners League (GSMHOL), Gloria Berry, B.W. Kelly, Pat Johnson, Ernie Price and Lyle Reel. Ms. Hall stated the City has to abide by the Civil Code and the proposed ordinance is a violation of this Code. Those speaking in favor of the ordinance were Jack Curry, Larry Smith and Hugo Hampp. Mr. Curry requested Council delete RV parks from the ordinance entirely. Frances Packard of the GSMHOL requested adoption of the Ordinance be deferred until he knew the number of RV parks in the City. Mayor Reddell closed the hearing to the public. Judy Skousen provided clarification of the term "domicile". Councilmember Lemons requested the purpose and intent of the original ordinance be read; Mr. Henderson read this section. Councilmember Lemons asked if anyone who lives for 9 months or longer in a mobilehome or RV is covered by the ordinance. Ms. Skousen stated a mobile - home is covered immediately if it is their permanent place of residence; an RV tenant must establish 9 months of residency be- fore coverage by the ordinance. Councilmember Sheetz believed the original ordinance discussion by Council was well -publicized and generated substantial public input. She stated she was not in favor of the amendment; she be- MINUTES - MORRO L,.Y CITY COUNCIL REGULAR MEETING - JANUARY 12, 1987 PAGE 3 lieved part-time residents are a vital part of the community and should be covered by rent control. Councilmember Lemons spoke in favor of the amendment stating it affects very few and does not take protection away from the peo- ple it was originally intended to protect. He did not believe people who can afford to own a second home were hardship cases in need of rent protection. Councilmember Miller indicated this issue is the toughest deci- sion in his 2 years, but believed people were lucky to receive the original protection and he will vote for the amendment. MOTION: Councilmember Miller moved Ordinance No. 299 be read by title and number only. The motion was seconded by Councilmember Lemons and failed on the following roll call vote (motions to read by title and number only need to be unanimously approved): AYES: Lemons, Miller, Reddell NOES: Odell, Sheetz MOTION: Councilmember Miller moved Ordinance No. 299 be read in its entirety. The motion was seconded by Councilmember Lemons and carried on the following roll call vote: AYES: Lemons, Miller, Reddell NOES: Odell, Sheetz Mr. Napper read Ordinance No. 299 in its entirety. MOTION: Councilmember Lemons moved for adoption of Ordinance No. 299 as first reading. The motion was seconded by Councilmember Miller and carried on the following roll call vote: AYES: Lemons, Miller, Reddell NOES: Odell, Sheetz Council held a recess from 8:30 p.m. to 8:39 p.m. A-3 ORDINANCE NO. 298 ESTABLISHING A HARBOR ADVISORY BOARD WITH CATEGORICAL REPRESENTATIONS - FIRST READING Alan Davis reviewed the proposed changes to the Harbor Advisory Board which included a 5 member Board serving in an advisory ca- pacity only, no compensation except for travel expenses as bud- geted, and restoration of categorical representations. He also noted some changes recommended by the City Attorney. Mayor Reddell opened the hearing to the public. Bruce Risley commented upon Councilmember Lemons' desire to structure the Harbor Commission similar to the way it had been MINUTES - MORRO ,.Y CITY COUNCIL REGULAR MEETING - JANUARY 12, 1987 PAGE 4 before the previous Council created a Harbor "Commission". He pointed out violations and mismanagement of the harbor under the old structure. Ray Biering, attorney for Leaseholders Association, suggested adding the "or taxpayer" to the qualifications section of the ordinance. Nancy Bast stated lease sites are a small section of the overall harbor needing broader attention, and believed the proposed cate- gories deny democratic process. Joseph Giannini, Sr. suggested an appointee be made from the Baywood area because of their in- terest and proximity to the Bay. Nelson Sullivan questioned the motivations of changing the ordinance. Mayor Reddell closed the hearing to the public. Councilmember Odell indicated he would like to see 7-members, and add a scientific natural resource representation. Council discussed the proposed Harbor Advisory Board ordinance at length, and returned the matter to staff to incorporate their suggestions into the ordinance. Council was in favor of a 7-mem- ber board, 4 of the members required to be electors of the City, and the District 2 Supervisor to submit nominations for one Coun- cil appointment. Mr. Napper stated he would schedule the ordi- nance for another first reading on January 26th. A-4 CITIZENS REQUEST FOR RECONSIDERATION OF PEOPLE -INITIATED . STREET ASSESSMENT DISTRICT FOR MIMOSA STREET Mr. Napper explained the former City Council took no action on a citizens' request for an assessment district to be formed on Mi- mosa Street. Since that time he has received several requests for Council reconsideration of the issue. The matter is brought before Council this evening only for them to decide whether or not they wish to rehear the matter; he emphasized no action on an assessment district should be taken this evening. Councilmembers discussed this matter and decided rather than hear the pros and cons of whether or not to rehear this matter, they would schedule reconsideration of the item for the next Council meeting and hear all arguments at that time. MOTION: Councilmember Lemons moved Council set this to the Jan- uary 26, 1987 meeting for reconsideration, and at that time a decision can be made whether to initiate assess- ment district procedures. The motion was seconded by Councilmember Miller and unanimously carried by roll call vote. (5-0) MINUTES - MORRt_ BAY CITY COUNCIL REGULAR MEETING - JANUARY 12, 1987 PAGE 5 A-5 APPLICATION REQUEST FOR REHEARING ON DENIED CUP 47-86 FOR A PESTICIDE BUSINESS OFFICE AND SECURITY QUARTERS AT 995 ALLESANDRO (MARSHALL KING, APPLICANT) Mr. Napper stated the previous Council had upheld a citizens' ap- peal to deny a CUP which would allow a commercial pesticide of- fice near a residential neighborhood. Similar to the previous item, the applicant requests Council rehear the matter, citing inability to appear on his behalf and procedural deficiencies. MOTION: Councilmember Sheetz moved this matter be returned for hearing at the next Council meeting. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) A-6 CLARIFICATION OF ORDINANCE NO. 207 (MEASURE D, INITIATIVE MEASURE ADOPTED JUNE 1981) REGARDING SALT WATER TAFFY (LEASE SITE 137) AND FISH SHANTY (LEASE SITE 134-136) EXPANSION PLANS Mr. Napper reviewed this matter and recommended Council discuss the issue in closed session with the City Attorney before taking action. Council discussed various procedural options. Joseph Giannini asked under what authority Council would be discussing the issue in Closed Session. Ms. Skousen stated there is a po- tential for litigation on this issue, and the Brown Act allows Council to discuss potential litigation in Closed Session if they are satisfied with the City Attorney's information outlining the exposure to litigation. Council decided to receive informa- tion from the City Attorney in Closed Session at the end of this meeting, take no testimony at this time, and reschedule the mat- ter for public hearing on January 26th. MOTION: Councilmember Miller moved this matter be tabled until the next Council meeting. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 RECONSIDERATION OF COMBINING REFUSE FRANCHISE BOARD AND TV FRANCHISE BOARD INTO A UTILITIES FRANCHISE BOARD Mr. Napper stated this matter had returned at the request of Council because of the lack of applicants for these two boards. He reviewed a proposed restructuring of the boards for Council information. Councilmembers discussed this matter, noting the comments of Dr. Cahill earlier in the evening opposed to the restructuring. Dr. Cahill stated his objection was not to the concept of combining the boards, but because the boards involved had not been notified or asked their input. MINUTES - MORR�_ BAY CITY COUNCIL REGULAR MEETING - JANUARY 12, 1987 PAGE 6 MOTION: Councilmember Lemons moved the boardmembers involved be polled to ascertain their feelings on combining the two boards with a report back to Council. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) C. NEW BUSINESS C-1 RESOLUTION NO. 1-87 ESTABLISHING A STREET ADVISORY COMMITTEE AND STAFF REPORT ON AVALON STREET OVERLAY ALTERNATIVES Nick Nichols reviewed the staff recommendation on this item to include a 5-member advisory board which will draft by-laws and operational procedures for Council review. The committee is be- ing formed to make recommendations to Council on policy matters relating to street improvements and traffic control. Council discussed formation of this committee as an ad -hoc com- mittee initially. Amendments were made to Resolution No. 1-87 to delete reference to by-laws and substitute "rules" therefor. MOTION: Councilmember Lemons moved for the adoption of Resolu- tion No. 1-87 as amended. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) Mr. Nichols then reviewed the Avalon Street overlay alternatives and costs including a maintenance overlay, widen shoulders and overlay, complete reconstruction, and formation of an assessment district. Council discussed the alternatives and the manner in which costs for street improvements can be spread. Councilmember Lemons sug- gested staff approach the City's legislative representatives in Sacramento to implement a $.1 sales tax increase in Morro Bay for street improvements. Councilmember Lemons suggested agendizing the matter for the first meeting in February to possibly form a Council sub -committee to review street financing options. MOTION: Councilmember Lemons moved Council approve the mainte- nance overlay of Avalon Street with City forces in the amount of $18,500, and refer the remaining Avalon prob- lems to the Ad -Hoc Street Advisory Committee. The mo- tion was seconded by Councilmember Odell and unani- mously carried. (5-0) C-2 RENEWAL OF LEGAL SERVICES CONTRACT FOR CITY ATTORNEY Ms. Skousen stated Council was in receipt of her proposal which would bring her compensation more in line with other City Attor- neys in the area. She agreed with Mr. Napper's recommendation that Council appoint a Council sub -committee to negotiate the terms with her. MINUTES - MORR` BAY CITY COUNCIL REGULAR MEETING - JANUARY 12, 1987 PAGE 7 MOTION: Councilmember Miller moved a sub -committee be appointed to meet with Judy Skousen to re -negotiate her contract. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) MOTION: Mayor Reddell moved Councilmember Lemons and he be ap- pointed to the sub -committee. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) MOTION: Councilmember Sheetz moved Ms. Skousen's current con- tract be extended under the existing terms and condi- tions through February 15, 1987. The motion was sec- onded by Councilmember Odell and unanimously carried. (5-0) Council held a recess from 10:42 p.m. to 10:50 p.m. C-3 DISCUSSION OF NEW LAWS REGARDING PUBLIC MEETINGS AND RESOLU- TION NO. 3-87 ADOPTING AGENDA NOTIFICATION PROCEDURES AND POSTING SITES Forrest Henderson reviewed the new amendments to the Brown Act which include: posting an agenda 72 hours prior to each meeting and 24 hours prior to a special meeting in a place accessible to the public; providing the public with an opportunity to speak on items not on the agenda, and elimination of the Individual Deter- mination and/or Action portion of the agenda. Council will not be allowed to act or discuss any items not specifically listed on the agenda. Items discussed by the public can only be agendized to a subsequent meeting if Council wishes to take action. The Resolution designates specific places where the final Council agenda must be posted; City Hall, the Library and the Police De- partment. Council discussed alternatives sites for posting; it was noted extra postings can be accomplished without specifically citing them in the Resolution. Ms. Skousen noted if there were too many sites designated and one was missed, it could invalidate all Council actions for that meeting. MOTION: Councilmember Lemons moved for the adoption of Resolu- tion No. 3-87. The motion was seconded by Councilmem- ber Odell and unanimously carried. (5-0) Joseph Giannini again questioned the validity of Council's in- tended consideration of Measure D in Closed Session, and wanted a full public report on the reasons why. Ms. Skousen explained the potential litigation is a subject for attorney/client relation- ship and is not subject to discovery; to discuss it in open ses- sion could endanger the attorney/client privilege. Mr. Giannini maintained the people had a right to know who made a threat to sue. MINUTES - MORR,, BAY CITY COUNCIL REGULAR MEETING - JANUARY 12, 1987 PAGE 8 C-4 DISCUSSION OF CITY COUNCIL AGENDA FORMAT AND MEETING PROCEDURES Council spent time discussing rearrangement of the agenda format. Mayor Reddell was in favor of assigning tentative times for spe- cific items so the public has a better idea when the items they are interested in will come up before Council on a given evening. Council was in favor of holding public comment later in the agenda format. Ms. Skousen noted the public comment section of the agenda is also for the purpose of allowing people to speak on items not scheduled for public hearing. As a rule, items under the Consent Calendar, New Business, and Unfinished Business are not afforded public comment; if Council schedules public comment after these items, Council will be acting upon them before the public has a chance to express their views. She suggested Public Hearings be scheduled first since the public is allowed to speak on those items as they come up. MOTION: Councilmember Miller moved Mayor Reddell meet with the City Administrator and present a suggested agenda for- mat at the next Council meeting. The motion was sec- onded by Councilmember Sheetz and carried with Coun- cilmember Lemons voting no. (4-1) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF DECEMBER8, 1986 AND THE ADJOURNED REGULAR MEETINGS OF DECEMBER 29 AND 30, 1986 Mr. Napper recommended Council approve the minutes as submitted. D-2 EXPENDITURE REPORT - NOVEMBER, 1986 Mr. Napper recommended Council approve the Expenditure Report. D-3 STATEMENT OF INVESTMENTS - NOVEMBER 1986 Mr. Napper recommended Council accept the report for file. D-4 RESOLUTION NO. 2-87 CONGRATULATING ROBERT L. BOYD ON HIS RE- TIREMENT AS A SPECIAL AGENT OF THE FEDERAL BUREAU OF INVES- TIGATION Mr. Napper recommended Council adopt Resolution No. 2-87. MOTION: Councilmember Lemons moved for approval of the Consent Calendar. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) Mr. Napper stated if Council had no objections, he did not intend to read individual Consent Calendar items. If Council had ques- MINUTES - MORRt. BAY CITY COUNCIL REGULAR MEETING - JANUARY 12, 1987 PAGE 9 tions on items, he could answer those or the items could be pulled from the Consent Calendar for separate consideration. MOTION: Councilmember Sheetz moved in the future the City Ad- ministrator not be required to read items on the Con- sent Calendar. The motion was seconded by Mayor Reddell and unanimously carried. E. CLOSED SESSION MOTION: Councilmember Miller moved the meeting adjourn to Closed Session. The motion was seconded by Councilmem- ber Sheetz and unanimously carried. (5-0) Mayor Reddell announced Council was adjourning to Closed Session in accordance with Government Code Section 54956.9(b)(1) for dis- cussion on a significant exposure to litigation, and in accor- dance with Government Code Section 54956.9(a), to discuss pending litigation as follows: City of Morro Bay vs. Brown, et al. City of Morro Bay vs. Stephan Yeoman, Pacific Shellfish, et al. City of Morro Bay vs. Bayshore Villas Loperena vs. City of Morro Bay Cabrillo Enterprises vs. City of Morro Bay_ Gaines vs. City of Morro Bay Smith et al. vs. City of Morro Bay The meeting adjourned to closed session at 11:36 p.m. and re- turned to regular session at 1:14 a.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 1:14 a.m. Recorded by: ARDITH DAVIS Deputy City Clerk