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HomeMy WebLinkAboutCC_1987-06-08 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 8, 1987 AGENDA VETERANS MEMORIAL HALL 7:00 P.M. ROLL CALL INVOCATION - REVEREND WOODY SHOEMAKER, COAST CHRISTIAN FELLOWSHIP PLEDGE OF ALLEGIANCE PRESENTATION: RESOLUTION COMMENDING MORRO BAY HIGH SCHOOL AUTOMOTIVE TROUBLE -SHOOTING TEAMS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on matters other than scheduled hearing items may do so when recog- nized by the Mayor, by standing and stating their name and address. Com- ments should normally be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS 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 ADJOURNED REGULAR AND REGULAR MEETINGS OF MAY 26, 1987 A-2 ADOPTION OF RESOLUTION NO. 68-87 COMMENDING MORRO BAY HIGH SCHOOL AUTOMOTIVE TROUBLE SHOOTING TEAMS A-3 RESOLUTION NO. 66-87 APPROVING FY 87-88 LOCAL TRANSPORTATION FUND (LTF) CLAIM AND STATE TRANSIT ASSISTANCE (STA) FUND CLAIM A-4 PROCLAMATION DECLARING THE MONTHS OF JULY THROUGH OCTOBER 1987 AS WATER AWARENESS MONTHS B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PRESENTATION BY PEACE OFFICERS STANDARDS AND TRAINING (POST) CONSUL- TANT CONCERNING MANAGEMENT AND ORGANIZATIONAL REVIEW OF MORRO BAY POLICE DEPARTMENT OPERATIONS, AND DISCUSSION OF COMMENTS AND COM- PLAINTS ABOUT POLICE DEPARTMENT B-2 CONCEPT CONSIDERATION OF ESTABLISHING A CITIZENS POLICE COMMISSION B-3 PUBLIC HEARING ON PROPOSED FY 87-88 CITY BUDGET B-4 PUBLIC HEARING AND RESOLUTION NO. 67-87 ADOPTING FY 87-88 CITY MASTER FEE SCHEDULE (over) C. UNFINISHED BUSINESS C-1 CONSIDERATION OF INITIATIVE PETITION TO ENACT AN ORDINANCE TO AMEND THE MORRO BAY LAND USE PLAN (LUP) AND APPLICABLE ZONING ORDINANCE IN ORDER TO ESTABLISH AND PROMOTE AFFORDABLE HOUSING FOR MORRO BAY'S SENIOR CITIZENS D. NEW BUSINESS D-1 DISCUSSION OF CITY POSITION TO THE STATE ATTORNEY GENERAL IN PREPARA- TION OF HIS OPINION CONCERNING LAND USE INITIATIVES AND THEIR AUTHORI- TIES VERSUS CALIFORNIA COASTAL COMMISSION AUTHORITIES D-2 REQUEST BY TENANT FOR WAIVER OF LEASE CONDITIONS ON LEASE SITE 93-95W (MILDRED DENNIS) E. CLOSED SESSION 1. GOVERNMENT CODE SECTION 54947 - PERSONNEL F. ADJOURNMENT TO A JOINT MEETING WITH THE CAYUCOS SANITARY DISTRICT TUESDAY, JUNE 9, 1987 AT 7 P.M. IN THE CAYUCOS SANITARY DISTRICT OFFICE, 201 CAYUCOS DRIVE, CAYUCOS, CA (FIRE STATION). COPIES OF STAFF REPORTS OR OTHER WRITTEN DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. NOTICE OF ADJOURNMENT The regular City Council meeting scheduled for tonight was called to order by the Deputy City Clerk pursuant to Government Code Section 36811. Because all Councilmembers were absent, the meeting adjourned to the Veteran's Memorial Hall immediately. The regular adjourned meeting will be held at 7:00 p.m. tonight, June 8, 1987 at the Veteran's Memorial Hall, 209 Surf Street, Morro Bay, CA. The agenda for said adjourned regular meeting is attached. DATED: June 8, 1987 ELANE NOVAK, Deputy City Clerk City of Morro Bay, California MINUTES - MORRO BAY CITY COUNCIL ADJOURNED REGULAR MEETING - JUNE 8, 1987 VETERAN'S MEMORIAL HALL - 7:00 P.M. Elane Novak, Deputy City Clerk, called the meeting to order at 7:00 p.m. in the Morro Bay Recreation Hall. Since all Coun- cilmembers were absent, she adjourned the meeting to the Veteran's Memorial Hall to commence the business of the regular meeting. Mayor Reddell called the meeting to order at 7:08 p.m. ROT.T. 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 Steve Wolter Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Finance Director Harbor Director Community Dev. Dir. Asst. to City Admin. Police Chief Recreation & Parks Dir. Deputy City Clerk Forrest Henderson gave the invocation, and Mayor Reddell led the Pledge of Allegiance. PRESENTATION Mayor Reddell presented Resolutions of commendation to Morro Bay High School Seniors and their Coaches for the achievements in the American Automobile Association -Plymouth Trouble Shooting Con- test. Coaches Ruppert and Herrera thanked the City and commended the students for their outstanding performance. PUBLIC COMMENTS 1. Mark Allen, 560 Shasta, discussed current landscaping/ sidewalk renovation around City Hall, and noted he participated, as a high school student, in proposing landscaping for the east wall of City Hall. He expressed disappointment some of this landscaping is being eliminated after 20 years of service. MINUTES - MORRO BA.'CITY COUNCIL REGULAR MEETING - JUNE 8, 1987 PAGE 2 DECLARATION OF FUTURE AGENDA ITEMS 1. Councilmember Sheetz requested a joint meeting between the Planning Commission and City Council to review proposed plans prepared by Cal Poly students for the revitalization of downtown Morro Bay. 2. Councilmember Odell requested agenda items be scheduled to discuss ways to devise and implement community workshops to address long-term needs for sewer, water and streets, and also workshops for long-range land use planning. 3. Councilmember Odell requested a business representative work with the Water Board to design a readable, thought -provoking water conservation message for motel rooms and restaurants. A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETINGS OF MAY 26, 1987 Mr. Napper recommended Council approve the minutes as submitted. A-2 ADOPTION OF RESOLUTION NO. 68-87 COMMENDING MORRO BAY HIG,H SCHOOL AUTOMOTIVE TROUBLE SHOOTING TEAMS�� _ Mr. Napper recommended Council adopt Resolution No. 68-87. A-3 RES_OLUTION NO. 66-87 _APPROVING FY 87-88 LOCAL_ TRANSPORTATION _FUND_ (LTF) CLAIM AND STATE TRANSIT ASSISTANCE (STA) FUND CLAIM�� Mr. Napper recommended Council adopt Resolution No. 66-87. A-4 PROCLAMATION DECLARING THE MONTHS OF JULY THROUGH _OCTOBER 1987 AS WATER AWARENESS MONTHS Mr. Napper recommended Council authorize the Mayor to sign the Proclamation. MOTION: Councilmember Lemons moved for the approval of the Con- sent Calendar. The motion was seconded by Councilmem- ber Odell and unanimously carried. (5-0) Mr. Napper announced the next City Council meeting on June 22, 1987 will begin at 6:00 p.m., as will all Council meetings there- after. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 8, 1987 PAGE 3 B. PUBLIC HEARINGS,. REPORTS & APPEARANCES B-1 PRESENTATION BY PEACE OFFICERS STANDARDS AND TRAINING (POST) - NSULTANT CONCERNING MANj�_GERE_NT�_AND ORGANIZATIONAL REVIEW bF MORRO B��-Y—POLICE --DEPARTMENT —OPERATIONS, AND DISCUSSION OF COMMENTS AND COMPLAINTS -ABOUT POLICE DEPARTMENT Michael DiMiceli, Chief of the Management Counseling Services Bureau of the Commission on Peace officer Standards and Training (P.O.S.T.) stated he was present to review their study of the Morro Bay Police Department with Councilmembers and to answer any questions Council might have on the study. He reviewed the P.O.S.T. organization and stated they provide services to local law enforcement agencies to improve their operations and proce- dures at no cost to the local agency. Mr. DiMiceli emphasized their report was a critique, not an in- vestigation and is phrased in a supportive and positive manner. Their recommendations are advisory in nature and the City is not mandated to implement the recommendations. While it was not their intent to laud the Department, it should not be mistaken they found nothing good to report. He explained the procedures followed to prepare the study and make recommendations; this included on -site view of operations, review of local newspaper 9 months prior and during study, inter- views of personnel and business people, and ride-alongs with po- lice officers. Mr. DiMiceli reviewed the major recommendations for improvements in the Police Department operation: 1) reclassify the lieutenant position to a sergeant position; 2) extend the span of control of the Police Chief to supervise five sergeants and support services manager; 3) institute a full- time walking beat in the Embarcadero area; 4) community survey for public reaction to Department; and 5) enhance performance ap- praisal processes. Mr. DiMiceli stated his agency is currently working in about 18 agencies, and has the same number waiting. He observed often times that requests for their services are based on a crisis in the community; compared to other situations they have encoun- tered, this P.O.S.T. study is a very mild report and list of sug- gested changes in the current system. He commented no changes suggested will solve titanic problems, because they did not find any. Councilmember Sheetz asked about the comment in the report con- cerning the fear of officers to write reports in their vehicles at night. Mr. DiMiceli stated this is a common fear probably ac- quired during academy and statewide training of officer safety; he suggested this attribute needs readjustment to local environ- ment upon post -training. Councilmember Odell asked Mr. DiMiceli to comment on the P.O.S.T report and recommendation of 1976 which recommended deleting the MINUTES - MORRO BAi'CITY COUNCIL REGULAR MEETING - JUNE 8, 1987 PAGE 4 Captain's position, and the parallel in the current report to eliminate the lieutenant's position. Mr. DiMiceli stated he was not aware of the reasons behind the 1976 recommendation, but the current recommendation is primarily based on the size of the or- ganization. Councilmember Odell discussed the upward mobility concept for promotions within the department; Mr. DiMiceli re- sponded the one position of lieutenant with a relatively young Chief of Police does not allow much hope for internal advancement at any rate. Mayor Reddell asked if P.O.S.T. performs a followup on whether or not agencies incorporate their suggestions; Mr. DiMiceli stated they often send a questionnaire 12 to 18 months after their study to the agencies to determine what recommendations were followed and the results of their implementation. Councilmember Miller asked if they found officers dissatisfied with the organization during their study. Mr. Dimiceli stated they did hear individual expressions of dissatisfaction, but that he has been in this business since 1962 and such complaints are relatively common. Councilmember Miller suggested the complaints were then "white -washed"" Mr. Dimiceli indicated they did not find complaints to "white -wash". Mr. Napper reviewed the recommendations made by P.O.S.T. which have already been implemented by the Chief and the Council, and indicated the City should avail themselves of the suggested P.O.S.T. follow-up. Mayor Reddell opened the hearing to the public. John Baker, San Jacinto St., spoke in support of the Police De- partment and the need for a second in command. Ross Blakley, Sunset Street, stated the report suggests it is the fault of the community if there are problems in the Police Department. Mr. Blakley believed the Chief is responsible to provide direction, and it is the community's role to suggest policy to be imple- mented by the Chief. Mr. Blakley offered the solution to this disquieting problem is a Police Commission. Bruce Risley, 540 Piney Way, urged Council to implement the solid suggestions of the P.O.S.T. study. Frank Thompson, 700 Pacific, criticized various activities of the Police Department. Richard Newsham, Los Osos, indicated he had a lengthy story to tell involving a felony committed on his person by a City police officer and he would be glad to give them the information. Mayor Reddell requested he write a letter addressed to the Mayor outlining the situation. Al Angele, 7510 Security Ave., Burbank, stated he represents the Morro Bay Police officers' Association. He spoke in opposition to reclassifying the lieutenant's position and urged the lieu- tenant be given back the responsibilities of chain -of -command he MINUTES - MORRO BAi CITY COUNCIL REGULAR MEETING - JUNE 8, 1987 PAGE 6 There was discussion as to how a Commission would be organized and Councilmember Miller stated he is interested in hearing from the public as to whether or not they believe there should be a Commission; the item was scheduled to discuss the concept of a Commission at this point. Mayor Reddell opened the hearing to the -public. Ross Blakley stated he envisioned the Commission would shape pol- icy direction for the Police Department, they would de -politicize the Department and find solutions to problems, and they would find a consensus of the community of the type of Police Depart- ment the community wants. He believed the Harbor Department and Fire Department should also be included under the Commission. Hal Tune, Las Tunas Avenue, spoke in favor of establishing a Po- lice Commission; humans can be vindictive, and people do worry about retaliation. Charles Palmer, 485 Estero, asked what au- thority the Police Commission would have, and if their only au- thority is to make recommendations to Council, it is just another layer of government. Access to confidential information could be solved by paying them and making them quasi -public employees. Frank Thompson believed a Police Commission is a good idea, but suggested not appointing any police officer to it. Richard Newsham and Mary Phillips made comments that justice is not being served in the courts. Gregg Beuer, Sergeant with the Morro Bay Police Department, stated he has no problem with a Police Commission; however, he believed the Commission would have to have some authority, other- wise there would be rumors and innuendos. If the Commission re- ceives a complaint they would have to have the authority to in- vestigate it. He said the Police Department has had enough of accusations of wrong -doing, and they welcome legitimate com- plaints that can be followed -up. Councilmember Sheetz suggested staff obtain information and cri- teria on Police Commission from other cities. MOTION: Councilmember Sheetz moved staff be instructed to ob- tain data from cities of comparable size on the forma- tion of a Police commission for future Council consid- eration. The motion was seconded by Councilmember Odell. Councilmember Lemons expressed reservations about establishing a Police Commission in Morro Bay; he said in a town this size it could be used by a majority of the Council as a witch-hunting tool. He said Council should not abdicate their responsibilities or reduce the city administrator's role. MINUTES - MORRO BAD "CITY COUNCIL REGULAR MEETING - JUNE 8, 1987 PAGE 5 previously held. He also believed Council should provide direc- tion in the form of a written document if there is something they wish the Police Department to do. Mary Phillips, Ironwood Avenue, complained about selective police harassment against her as the result of a neighbor complaint. Jim Rodgers spoke in support of the Police Department, as did "B" Rohan. MOTION: Councilmember Lemons moved the public hearing be closed. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) Councilmember Odell asked if the lieutenant's duties had been changed; and Mr. Napper stated the Lieutenant is still removed from the direct chain of command in the police department, and he now functions as the chief of the investigative division. MOTION: Councilmember Lemons moved Council receive the report and during the upcoming budget hearings discuss the personnel aspects of the report. The motion was sec- onded by Councilmember Sheetz and unanimously carried by roll call vote. (5-0) Councilmember Lemons expressed concern a television station had recently decided to do a report on the Police Department which led to statements being made the Police Department condones the arrest of little old ladies for going 2 miles over the speed limit. He believed remarks of this nature reflect on the Police Department and the City Council, and suggested in the future the Council should adopt a position of support for the Police Department. B-2 CONCEPT CONSIDERATION OF ESTABLISHING A CITIZENS POLICE COMMISSION Councilmember Miller stated he requested this item be agendized at the request of Ross Blakley who had appeared before Council several times suggesting the establishment of a civilian Police Commission. The idea is for the Commission to review citizen complaints and serve as a buffer zone to Council, they would be an advisory body to the City Council and City Administrator. He stated he has names of 50 people who have complaints about the Police Department and are afraid of releasing their names because of possible harassment by the Police Department. Mayor Reddell stated he has heard this comment before about the number of people who have complaints but are afraid to have their names released; he questioned if they would be any more willing to release their names to a Police Commission. Councilmember Miller stated some people are paranoid, and vindictiveness on the part of police officers has been known to happen. MINUTES - MORRO BAx'CITY COUNCIL REGULAR MEETING - JUNE 81 1987 PAGE 7 Councilmember Odell was in favor of looking into the matter fur- ther; however, he was not convinced one should be established in Morro Bay nor comfortable with the timing of the idea. Councilmember Lemons suggested Council could conduct town -hall type meetings for the purpose of hearing what citizens complaints and problems are; then, the Council could resolve them instead of having a Commission do it. Councilmember Miller asked why all commissions and committees were not disbanded and handled the way suggested? He was in favor of the motion to study the concept further. The motion was unanimously carried by roll call vote. (5-0) Council recessed from 9:29 p.m. to 9:49 p.m. B-3 PUBLIC HEARING ON PROPOSED FY 87-88 CITY BUDGET Mr. Napper stated Council is in the process of holding budget study sessions to review the 1987-88 fiscal year budget. It is appro- priate for Council to hold a public hearing to receive comments on the budget and either act on the comments this evening or de- fer them to study sessions. Mr. Napper also reviewed the major aspects of the proposed budget and rate increases. Mayor Reddell opened the hearing to the public. Frank Thompson commented on the amount of building in Morro Bay and stated the City is going to run out of water; he also com- plained about the high amount of his water bill. Mayor Reddell closed the hearing to the public; no action was taken. B-4 PUBLIC HEARING HEARING AND RESOLUTION NO. 67-87 ADOPTING FY 87-88 CITY MASTER FEE SCHEDULE��� Louise Burt reviewed the 4.9% increase in the Master Fee Schedule based on the CPI. There were also several new charges. She noted the fees are based on actual costs of services provided, and are not taxes. Councilmember Miller questioned whether the vehicle removal cost was sufficient to cover expenses; Mr. Napper stated he would check with the Chief of Police. Mayor Reddell opened the hearing for comments from the public; there were no comments. MOTION: Councilmember Sheetz moved for the adoption of Resolu- tion No. 67-87 adopting the 87/88 Master Fee Schedule. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) MINUTES - MORRO BAi CITY COUNCIL REGULAR MEETING - JUNE 8, 1987 PAGE 8 C. UNFINISHED BUSINESS C-1 CONSIDERATION OF INITIATIVE PETITION TO ENACT AN ORDINANCE TO_ AMEND THE MORRO BAY LAND USE PLAN (LUP) AND APPLiCABLB ZONING ORDINANCE IN ORDER TO ESTABLISH AND PROMOTE AFFORD - LE HOUSING FOR MORRO BAY'S _SENIOR CITIZENS Mr. Napper stated this item is scheduled for Council determina- tion to either adopt the ordinance without changes, or submit it to the November 1988 election. He said while Council does not have to act tonight, the Code does provide they must act in a diligent fashion if they wish to adopt the initiative. Mr. Napper noted the effects of the ordinance, and its provision for incentives for affordable senior housing. Councilmember Lemons was in favor of enacting the ordinance. MOTION: Councilmember Lemons moved staff be directed to sched- ule the necessary public hearings in a timely manner with the Planning Commission and City Council so the ordinance can be enacted. The motion was seconded by Mayor Reddell. Councilmember Lemons stated he has no objection to statements that provisions also be made for affordable housing in general, as opposed to senior housing only. He suggested a similar ordi- nance be drafted with that provision as long as no attempt is made to restrict the initiative. Councilmember Odell offered suggestions for incorporating mixed commercial uses into the residential areas; Ms. Skousen believed that would be restricting the ordinance. Mayor Reddell stated if People's Self -Help Housing wishes to incorporate some commercial uses in their senior housing project, this ordinance will pro- hibit that without a vote of the people. Councilmember Odell stated he agreed with the spirit of the ordi- nance, but was concerned the affordable housing offered incen- tives for seniors only; it is prejudiced against other age groups who could also benefit from low-cost housing. There was considerable discussion on the issue with Councilmember Lemons in favor of adopting the initiative and preparing a re- vised ordinance for the November 1988 ballot, and Councilmember Odell in favor of adopting a revised ordinance and putting both on the ballot in 1988 with Council supporting the revised ordi- nance. Ms. Skousen stated Council could do as Councilmember Odell suggested since the revised ordinance would be placed on the ballot with an amendment to allow revision only by a vote of the people, thus complying with Election Code requirements that measures can be placed before the people to amend, repeal, or en- act law. MINUTES - MORRO BAy CITY COUNCIL REGULAR MEETING - JUNE 8, 1987 PAGE 9 Bruce Risley, Piney Way, stated this initiative was used as a po- litical devise to promote passage of the Williams Brothers mea- sure in the 1986 election. He stated the ordinance proposed by the initiative is not a solution to housing needs; rezoning will not solve the housing problem. He advised Council to place it on the ballot for public debate. Jeanette Duncan, Peoples Self -Help Housing, expressed some of her concerns as to how this ordinance would affect their senior hous- ing project in north Morro Bay. If the zoning is uncertain and would have to go to a vote of the people in order for them to in- clude some commercial uses in the project, she believes she will have difficulty obtaining financing and a fiscally viable project. After further discussion, the following substitute motion was adopted. SUBSTITUTE Councilmember Odell moved a sub -committee consist - MOTION: ing of Councilmembers Lemons and Odell be directed to draft an ordinance that accomplishes the goals of the initiative, but broader to include other affordable community housing projects, and less restrictive zoning, and bring it back at the next Council meeting. The motion was seconded by Coun- cilmember Miller and unanimously carried. (5-0) D. NEW BUSINESS D-1 DISCUSSION OF CITY POSITION TO THE STATE ATTORNEY GENERAL IN P_REPARATION OF HIS OPINION -C-O—NCE—RNING —LAND USE INITIATIVES AND THEIR AUTHORITIES VERSUS CALIFORNIA COASTAL COMMISSION AUTHORITIES Judy Skousen stated the Attorney General is requesting input from interested parties before preparing an opinion on the conflict between the authority of the State Coastal Commission and local governments through the initiative process. She stated arguments can be made on both sides of the issue, and requested Council guidance before responding. She noted although the Coastal Com- mission has yet to make a decision on the Williams Brothers pro- ject, a denial would mean the Commission is rejecting the City's initiative ordinance. Councilmember Miller believed the City should respond strongly in support of the local initiative process; the Coastal Commission should not be interfering with local initiatives. Councilmember Lemons stated it is his experience projects not ap- proved by the Coastal Commission are those items in conflict with the provisions of the Coastal Act. Councilmember Odell commented it is possible the Commission can find the Williams Brothers is- sue in conflict with the Act. MINUTES - MORRO BA_'CITY COUNCIL REGULAR MEETING - JUNE 81 1987 PAGE 10 MOTION: Councilmember Odell moved Council adopt the City Attor- ney's suggested position ". . . a people's initiative, because the right is preserved in the State Constitu- tion, takes priority over the procedures of the Coastal Act and therefore a local initiative could not be dis- approved by the Coastal Commission if it was consistent with the basic goals of the Coastal Act". The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) D-2 REQUEST BY TENANT FOR WAIVER OF LEASE CONDITIONS ON LEASE SITE 93-95W (MILDRED DENNIS) Judy Skousen stated she has submitted a memo to Council summariz- iny the history of this lease site since Ted Brown's abandonment. She suggested a realistic, but tight, time schedule be estab- lished with the lease automatically terminating if deadlines are not met. She believes a deadline of September 30, 1987 to begin construction a realistic time schedule. Prior City conditions and timelines have not been met. Ms. Dennis' attorney, Diane Moroski, is present to address Council on this matter. Ms. Moroski assured Council of Ms. Dennis' intention of moving diligently ahead with cleaning -up the eyesore on this lease site. She objected to the tight schedule suggested by the City Attorney and the requirement to give up rights to the lease if deadlines are not met. If the City insists on the deadline, she requested a written agreement not be required, but Council adopt a resolu- tion setting forth their requirements. She stated the lease has been listed for sale, and an offer made and accepted. Ms. Dennis will be requesting assignment of the lease in the near future. Mayor Reddell asked about the plans for the site, and Ms. Moroski reviewed some of the improvements including opening the restau- rant. Mayor Reddell questioned these plans in view of the fact the property was listed for sale. Ms. Moroski responded Ms. Dennis will move forward with the plans whether or not the site is actually sold. Councilmember Miller stated the City had spent enough time ex- tending deadlines on this site; he was in favor of the September, 1987 deadline. Ms. Skousen stated Ms. Dennis had been given until June 30, 1987 to open the restaurant and commence construction. There is a problem, however, that the revetment may be in a dangerous condi- tion. If this is the case, it will be impossible for the June 30th deadline to be met; the City is still waiting for the report from the engineer who inspected the revetment. Mayor Reddell suggested if Ms. Dennis could remove the unfinished construction in the front of the site and open the restaurant by September 30, 1987, she could have additional time to complete MINUTES - MORRO BA.,. CITY COUNCIL REGULAR MEETING - JUNE 8, 1987 PAGE 11 the rest of the requirements. that offer. Ms. Moroski stated they accept Ron Pierce, contractor, and Chris Addington, architect, retained by Sophia Hill, prospective buyer of Ms. Dennis lease, objected to demolition of the partial structure. They intended to use this in their reconstruction of the site. There was considerable discussion regarding Ms. Hill's intentions if she purchases the site. Ms. Skousen pointed out these gentlemen are working for Ms. Hill who does not at this point have an interest in this site; the property isn't even in escrow. Council discussed a facade placed around the construction area to mitigate the eyesore to the general public. After additional discussion Council agreed Ms. Dennis would have until June 30, 1987 to begin tearing down those portions of the buildings which are unsalvageable and erecting the facade; within 30 days, or July 30, 1987, the demolition and the facade must be complete; she has 60 days, or until August 30, 1987 to open the restaurant; and construction on the project must commence by October 30, 1987. Ms. Skousen recommended these provisions be included in a new City Master Lease; they need to be in a document which Ms. Dennis signs and agrees to forfeit her rights if the terms are not met. If they are merely adopted by Council resolution, there is no en- forcement or penalty power. They also need to be part of the lease so if the lease is assigned to a buyer, the buyer accepts responsibility for the conditions by accepting the lease. Ms. Skousen discussed various other provisions of the lease, and Council directed a lease be returned at their next meeting for consideration. E. ADJOURNMENT Mr. Napper stated the Closed Session item scheduled is not urgent and, in view of the hour, recommended consideration be postponed to the next meeting. MOTION: Councilmember Lemons moved the meeting adjourn to Tues- day, June 9, 1987 at 7:00 p.m. at the Cayucos Fire De- partment for a joint meeting with the Cayucos Sanitary District Board of Directors. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) Recorded by: �"� � A: 2, � ARDITH DAVIS Deputy City Clerk