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HomeMy WebLinkAboutCC_1987-01-28 Adjourned Meeting MinutesMORRO BAY CITY COUNCIJ ADJOURNED REGULAR MEETING - JANUARY 28, 1987 AGENDA RECREATION HALL - 6:30 P.M. ROLL CALL PUBLIC COMMENT PERIOD Members of the audience wishing to address the Council on any matter other than scheduled hearing items (Section B) may do so at this time by stand- ing, awaiting recognition by the Mayor, and then stating your name and address. Comments should be limited to three minutes. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council to discuss under New Business, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES OF THE JANUARY 12, 1987 REGULAR MEETING A-2 LABOR RELATIONS SERVICES CONTRACT WITH BECKER & BELL, INC. A-3 DECLARATION OF PROPERTY SURPLUS TO CITY NEEDS A-4 EXPENDITURE REPORT, DECEMBER 1986 A-5 STATEMENT OF INVESTMENTS, DECEMBER 1986 A-6 RESOLUTION NO. 4-87 AMENDING BOUNDARIES OF UNDERGROUND UTILITY DISTRICT NO. 3 A-7 REJECTION OF LIABILITY CLAIM - MAINO CONSTRUCTION A-8 APPROVAL OF FINAL TRACT MAP 1262 (SURF STREET CONDOMINIUMS) B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 DISCUSSION OF ORDINANCE NO. 207 (MEASURE D, INITIATIVE MEASURE ADOPTED JUNE 1981) RELATIVE TO EXPANSION PROPOSALS BY FISH SHANTY (LEASE SITE 134-136) AND SALT WATER TAFFY (LEASE SITE 137) B-2 ORDINANCE NO. 299 ENACTING MOBILEHOME AND RECREATIONAL VEHICLE PARK RENT STABILIZATION RESIDENCY REQUIREMENTS AND AMENDMENTS TO PURPOSE AND INTENT (FIRST READING) B-3 CITIZENS' PETITION FOR THE FORMATION OF A STREET ASSESSMENT DISTRICT FOR PUBLIC ACQUISITION AND IMPROVEMENTS TO MIMOSA STREET B-4 REHEARING ON DENIED CUP 47-86 FOR A PESTICIDE BUSINESS OFFICE AND SECURITY QUARTERS AT 995 ALLESANDRO (MARSHALL KING, APPLICANT) B-5 ORDINANCE NO. 298 ESTABLISHING A 7 MEMBER HARBOR ADVISORY BOARD (FIRST READING) B-6 ANNUAL REPORT CONCERNING THE WATER PIPELINE REPLACEMENT PROGRAM AND THE WATER RETROFIT PROGRAM C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 300 EXPANDING THE RECREATION AND PARKS COMMISSION TO 7 VOTING MEMBERS (FINAL READING AND ADOPTION) C-2 CITIZENS ADVISORY COMMITTEE REPORT ON ELEVATOR AND AUDITORIUM SIZE FOR COMMUNITY CENTER D. NEW BUSINESS D-1 REQUESTS FOR WAIVER OF DEED RESTRICTION (GOOSEV; KALINOWSKI) D-2 ASSIGNMENT OF TITLE OF LEASE SITE 86/86W (YOCUM DBA FISH BOWL/SOUTHERN PORT TRADERS) - PULLED D-3 ADMINISTRATOR RECOMMENDED BUDGET FOR FY 86-87 CAPITAL IMPROVEMENT PROJECTS D-4 AWARD OF PUBLIC SAFETY COMMUNICATIONS EQUIPMENT BID D-5 RESOLUTION NO. 10-87 REJECTING BIDS AND STATING FINDINGS OF FACT FOR THE USE OF DAY LABOR; WATERLINE REPLACEMENT PROJECT NO. PW 86-04 D-6 REVIEW OF PROPOSED CITY MASTER LEASE DOCUMENT E. CLOSED SESSION NONE F. ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL ADJOURNED REGULAR MEETING - JANUARY 28, 1987 RECREATION HALL - 6:30 P.M. Mayor Reddell called the meeting to order at 6:30 p.m. ROLL CALL PRESENT: Dale Reddell John Lemons Jim Miller Jeff Odell Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Judy Skousen Louise Burt Alan Davis Bill Farrel Forrest Henderson Dave Howell Nick Nichols Bernie Zerr Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Finance Director Harbor Director Comm. Development Dir. Asst. to City Admin. Police Chief Public Works Director Fire Chief B-6 ANNUAL REPORT CONCERNING THE WATER PIPELINE REPLACEMENT PROGRAM AND THE WATER RETROFIT PROGRAM Mr. Napper stated Council was in receipt of the analysis and evaluation of the water pipeline replacement and retrofit pro- grams. Pursuant to the Municipal Code, staff recommends Council receive the report and refer it to the Planning Commission and Water Advisory Board for their input before Council enacts poli- cies deriving from the report. MOTION: Councilmember Lemons moved the report be referred to the Water Advisory Board and the Planning Commission and they be requested to report back with their com- ments and recommendations so that a hearing on this item may be scheduled before Council no later than the first Wednesday in March. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) Councilmember Lemons stated he wished to make a motion at this time relative to Item D-6 on the agenda, consideration of the Master City Lease Document. Because the document is so lengthy, he would like more time to study it, and suggested Council let the people know who are waiting for this item that Council does not intend to make a determination on the Lease this evening. He also wanted to make a motion regarding the Whale's Tail lease site (Lease Site No. 96,96W); Mr. Hall is attempting to arrange financing on the site and cannot do so unless he has a lease of MINUTES - MORRO BA. CITY COUNCIL ADJOURNED REGULAR MEETING - JANUARY 28, 1987 PAGE 2 at least 7 years. He is currently awaiting adoption of the Mas- ter Lease in order to enter into a lease with the City. Coun- cilmember Lemons suggested an interim lease be executed with Mr. Hall for 7 years, and that he be required to convert to a Master Lease when it has been adopted in its final form by Council. MOTION: Councilmember Lemons moved that action on the City Master Lease document be tabled; and, in view of the fact Al Hall, Lease Site No. 96,96W, has a severe fi- nancial problem and he needs some type of lease to get financing, that a 7-year lease be written with a provi- sion that at the time a new Master Lease is approved, he must then convert to it. The motion was seconded by Councilmember Sheetz and unanimously carried by roll call vote. (5-0) It was clarified Council would later this meeting discuss the various issues on the Master Lease raised by the City Attorney, but would not make any decisions. C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 300 EXPANDING THE RECREATION AND PARKS COMMIS- SION TO 7 VOTING MEMBERS (FINAL READING AND ADOPTION) Mr. Napper reviewed this matter stating the ordinance deletes the ex-officio status of 2 commissioners and expands the 5-member Commission to 7-voting members. MOTION: Councilmember Sheetz moved Ordinance No. 300 be read by title and number only. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) Mr. Napper read Ordinance No. 300 by title and number only. MOTION: Councilmember Sheetz moved for approval of the second reading and final adoption of Ordinance No. 300. The motion was seconded by Councilmember Lemons and unani- mously carried. (5-0) C-2 CITIZENS ADVISORY _C_O R_MMITTEE REPORT ON ELEVATOR AND AUDITO- RIUM SIZE FOR COMMUNITY CENTER Steve Wolter reviewed this matter as considered by the Citizens Advisory Committee. They had recommended keeping the original auditorium size and not installing an elevator. Since the Com- mittee's consideration, however, staff received additional infor- mation on the elevator from the architect which was not available to the Committee. By incorporating an elevator into the design, the long handicap ramp can be eliminated with less excavation and grading required. The change also reduces public liability and provides greater mobility between the two floors, but it does in- crease the annual operating and maintenance of the Community Cen- MINUTES - MORRO BAL CITY COUNCIL ADJOURNED REGULAR MEETING - JANUARY 28, 1987 PAGE 3 ter. Staff is recommending Council approve installation of an elevator into the Design Development Report. Councilmember Miller asked some of the committee members present if they agreed with staff's recommendation; they said yes. MOTION: Councilmember Sheetz moved Council adopt staff's recom- mendation to accept the original auditorium size and incorporate an elevator into the Design Development Re- port for the Community Center. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) D. NEW BUSINESS D-1 REQUESTS FOR WAVIER OF DEED RESTRICTION (GOOSEV; KALINOWSKI) Mr. Farrel reviewed the recent amendment to the building limita- tion ordinance which allows for waivers for transferring re- stricted water equivalencies under certain hardships. He ex- plained the two requests before Council this evening. Mayor Reddell commented that he believes the deed restriction is a lousy ordinance, and should not be in the Code. Because of this belief, anyone who wants a waiver should be granted one. MOTION: Councilmember Lemons moved Council approve the waiver of the deed restriction in the case of Mr. Goosev. The motion was seconded by Mayor Reddell and carried on the following roll call vote: AYES: Lemons, Odell, Reddell NOES: Miller, Sheetz Councilmember Lemons agreed with Mayor Reddell regarding the deed restriction; he did not believe someone had to actually be bankrupt before Council would grant relief to the requirement. Councilmember Miller commented that we are making the law worse by letting lousy requests be granted. MOTION: Councilmember Lemons moved a waiver of the deed re- striction requirement be granted to Mr. Kalinowski. The motion was seconded by Mayor Reddell. It was noted Mr. Kalinowski's request for relief was what prompted the ordinance amendment. The motion carried on the following roll call vote: AYES: Lemons, Odell, Sheetz, Reddell NOES: Miller D-2 ASSIGNMENT_ OF TITLE OF LEASE SITE 86/86W (YOCUM DBA FISH BOWL/SOUTHERN PORT TRADERS) - PULLED MINUTES - MORRO BA_ CITY COUNCIL ADJOURNED REGULAR MEETING - JANUARY 28, 1987 PAGE 4 D-3 ADMINISTRATOR RECOMMENDED BUDGET FOR FY86-87 CAPITAL IM- PROVEMENT PROJECTS Mr. Napper stated this is the third year Council has reviewed a capital improvement budget at mid -year. Louise Burt reviewed the Fund Balance Summary; Mr. Napper analyzed the Fund Balance status and reviewed the recommended capital projects for funding. He suggested Council defer action on the items until the next meet- ing, except for an appropriation of $44,000 to gap -fund the Pub- lic Safety Communications equipment bid which will be discussed in the next agenda item. There was discussion regarding the need to establish reserves for future infrastructure replacements. MOTION: Councilmember Lemons moved to approve the staff recom- mendation that the Capital Improvement Budget be de- ferred to the next meeting, but allocate $44,000 from General Fund Balance to gap -fund the Public Safety Com- munications Equipment Bid. The motion was seconded by Mayor Reddell and unanimously carried. (5-0) D-4 AWARD OF PUBLIC SAFETY COMMUNICATIONS EQUIPMENT BID Chief Howell reviewed the bids received for purchase of a new communications console, two base stations, and radio repeater lo- cation. He recommended Council approve the low bid of Motorola in the amount of $110,093. Council asked various questions about the equipment to which Sgt. Dean Hileman replied. MOTION: Councilmember Lemons moved the contract for a new pub- lic safety communications equipment console base pack- age be awarded to Motorola in the amount of $110,093. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) D-5 RESOLUTION NO. 10-87 REJECTION BIDS AND STAT_I_NG FINDINGS_OF FACT FOR THE USE OF DAY LABOR; WATERLINE REPLACEMENT PROJECT NO. PW 86-04 Mr. Nichols reviewed the bids received on Phase II of the water- line replacement project and the findings for rejecting the bids and using day labor instead. He also went over the benefits of performing the work in-house. Councilmember Miller asked why the City advertises for bids if we intend to do the work in-house. Mr. Nichols said State law re- quires advertising. Mayor Reddell questioned the savings in- volved if the City did not have to pay the day labor. He also asked about the backlog in completing this and other system main- tenance projects. Ms. Burt stated while initial progress was MINUTES - MORRO BA', ITY COUNCIL ADJOURNED REGULAR MEETING - JANUARY 28, 1987 PAGE 5 slow, recent audits show City crews are now keeping up with orig- inal pipeline replacement schedule. MOTION: Councilmember Sheetz moved for the adoption of Resolu- tion No. 10-87. The motion was seconded by Councilmem- ber Miller. MOTION: Councilmember Lemons moved the motion be amended to in- clude that Council wants this to be a continuous pro- gram and staff not wait for the beginning of the fiscal year to plan or finance the program. The amendment to the original motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) MOTION: The original motion to adopt Resolution No. 10-87 with the amendment was unanimously carried. (5-0) Mr. Nichols explained staff's recommendation that Council inform the State the City no longer intends to use the $1.50 million dollar water loan requested for waterline replacement. He ex- plained the City is investing our funds at the same or better rate than it would by borrowing, plus staff time to file claims and reports with the State if accepting the loan. The pipeline replacement program is currently being financed by the interest from a $806,000 City fund set aside for repayment of the State Loan. Ms. Burt stated the City would save $48,000 by not borrow- ing the money, and enhance the City's credit worthiness for future borrowing. MOTION: Councilmember Lemons moved the City Administrator be instructed to inform the State Department of Water Re- sources that Morro Bay will not be participating as in- tended in their State Water Loan program, but to keep Morro Bay on their list of potential participants. The motion was seconded by Councilmember Sheetz and unani- mously carried. (5-0) Council held a recess from 8:37 p.m. to 8:52 p.m. D-6 REVIEW OF PROPOSED CITY MASTER LEASE DOCUMENT Judy Skousen stated she had been working on this document with Alan Davis for some time. Their objective had been to make the lease easier to enforce, and to preserve the rights of the City and the public since the Council has a duty to preserve the prop- erty and maximize the benefit of the property to the public. She stated they have also worked with the Waterfront Leaseholders Association attorney and already made several compromises. The items listed in her memo to Council are still unresolved and she requested Council guidance on them. She went over the items in- dividually and answered questions from Council. Council was not in favor of the locked cash register provision in the lease, or the requirement that all records and books regarding sales be MINUTES - MORRO BAD LITY COUNCIL ADJOURNED REGULAR MEETING - JANUARY 28, 1987 PAGE 6 kept on the premises. Mayor Reddell said keeping records within the boundaries of San Luis Obispo County would be sufficient. Council believed the Competition clause also to be unfair. Ms. Skousen pointed out the Master Lease can be amended any time before a lease is actually executed. Once Council signs a lease with a leaseholder for a 20 or 30 year period, it cannot be changed unilaterally. She also stated most of the provisions in the proposed document are standard in the industry; the City of Ventura uses many of these clauses in their master lease for their harbor. Ray Biering, representing the Waterfront tion, reviewed the Association's position discussed by Council. Mayor Reddell asked the lease if he was the landowner, and P does depend what side of the fence you are jected to the proposed lease stating the leaseholders, and should not try to see hoi of them. ADJOURNMENT MOTION: Councilmember Miller moved The motion was seconded by unanimously carried. (5-0) The meeting adjourned at 11:02 p.m. Recorded by: a ARDITH DAVIS Deputy City Clerk Leaseholders Associa- on the various items what he would think of r. Biering replied it on. Dale Mitchell ob- City is gouging the much they can get out the meeting be adjourned. Councilmember Odell and