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HomeMy WebLinkAboutCC_1984-10-08 Regular Meeting MinutesREGULAR MEETING - OCTOBER 8, 1984 RECREATION HALL - 7:30 P.M. cE ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION - LANCE POLDBERG, CALVARY LUTHERAN CHURCH A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 NOTICE OF VIOLATION - IRONWOOD CONDOMINIUM IMPROVEMENT AGREEMENT B. UNFINISHED BUSINESS B+ TIE -VOTE RESOLUTION B-2 RECOMMENDED SITE FOR COMMUNITY RECREATION CENTER PROPOSAL C. NEW BUSINESS C-1 C-2 D. D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8 D-9 D-10 PROCLAMATION DECLARING CHILDREN'S WEEK P OLLUTION OF CHORRO CREEK BY CMC WASTEWATER EFFLUENT REQUEST FOR HARBOR SPECIAL USE PERMIT BY KKUS FM RADIO CONSENT CALENDAR CITY COUNCIL MINUTES FROM REGULAR MEETING OF SEPTEMBER 24, 1984 MUTUAL AID FIRE AGREEMENT REJECT BIDS FOR REPOWERING FIRE ENGINE 2502 S ET DATE TO INTERVIEW HARBOR COMMISSION APPLICANTS (10-22-84) FINANCIAL IMPACT REPORT OF PROPOSITION 36 AND RELATED FISCAL MATTERS RESOLUTION NO. 110-84 IN SUPPORT OF PROPOSITION 30, SENIOR CENTER BOND ACT P ROCLAMATION DECLARING OCTOBER 7-13, 1984 AS DISABLED ARTISTS WEEK P ROCLAMATION DECLARING OCTOBER 11, 1984 AS ELEANOR ROOSEVELT CENTENNIAL DAY P ROCLAMATION DECLARING THE WEEK OF OCTOBER 14-20, 1984 AS TRAFFIC S AFETY WEEK THE WEEK OF OCTOBER 21-27, 1984 AS CRIPPLED E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 E-2 E-3 CITY COUNCIL CITY ADMINISTRATOR CITY ATTORNEY F. ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 8, 1984 RECREATION HALL - 7:30 P.M. Mayor Shelton called the meeting to order at 7:30 p.m. ROLL CALL PRESENT: ABSENT: STAFF: Eugene R. Shelton Rodger Anderson Bruce Risley Bud Zeuschner John Lemons Gary Napper. Matt Hogsett L ouise Burt Forrest Henderson Mike Multari S teve Wolter The Pledge of Allegiance L ance Poldber.g of the invocation. was led Calvary Mayor. Councilmember Councilmember Councilmember. Councilmember. City Administrator Acting City Attorney Finance Director Asst. to the City Admin. Comm. Dev. Director Recreation Director by Ray Kaltenbach; Reverend Lutheran Church gave the Mr. Napper introduced Matt Hogsett who was sitting in for Mike L eSage this evening as City Attorney. A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 NOTICE OF VIOLATION - IRONWOOD CONDOMINIUM IMPROVEMENT AGREEMENT N ick Nichols reviewed his staff report which included the history o f this project. Mrs. Bailey, attorney representing the appli- cant, contends that she had an arrangement with a former City e mployee to the effect that the developer did not have to con- struct the improvements until notified to do so by the City. There is, however, no documentation to that effect and the Agree- ment states that the improvements be constructed by January 31, 1981. As it stands now, the parcel map has been recorded and the units are listed in the County Recorder s Office as being avail- able for sale as condominiums. In order to preclude the sale of the units until the improvements are completed, the City issued t he intent to record a Notice of Violation. Barbara Bailey reviewed her understanding with George Chrissakis, former City Engineer, in which the improvements would not be con- structed until. the City notified the developer that it was ready for them to be installed. She also presented the bond agreement which states that the City will, give the developer 60 days notice t o begin construction. Mrs. Bailey stated that none of the units have been offered for sale and it was not the intention of the MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 8, 1984 PAGE TWO developer to sell any of the units before the improvements were completed. MOTION: Councilmember Zeuschner moved that the hearing be closed to the public. The motion was seconded by Coun- ci.imember. Anderson and unanimously carried. (4-0-1) There was discussion regarding this matter with questions to the City Attorney. The options available to the Council were to ratify the conditions imposed at the time the project was origin- ally approved and extend the date for completion; renegotiate a new contract with new conditions requiring new bonds; or Council. could vacate the parcel map by filing of the Notice of Violation w ith the County Recorder's Office which would in effect cancel the project. Councilmember, Zeuschner suggested that Council postpone the matter for 30 days to allow staff and the developer to work out an equitable agreement. Councilmember Risley agreed. He was concerned that Councilhad not been provided with a copy of the bond which states that the City must give the developer 60 days n otice to begin construction and also that the project was sup- posed to have been completed in January of 1981 and it was only being presented to Council at this time. He suggested that some sort of method be developed by staff to ensure that these dead- line matters are not neglected. MOTION: Councilmember Zeuschner moved that this matter be referred to staff and that they report back in 30 days with their recommendation. The motion was seconded by Councilmember Anderson and unanimously carried by roll call. vote. (4-0-1) Councilmember Risley also requested that staff bring in a report about a general check-up method that will avoid future instances o f this kind. S teve Sweetwood suggested a tickler file and Howard Gaines stated that Public Works should be responsible for making sure these t hings did not become delinquent. Mr. Napper stated that City Halldoes have a systematic method whereby items of this nature are brought forward when they come due, however, there has been changes in staff in recent years and some of these items that came due many years ago have not been incorporated into the system. As they come to the attention of staff, they are brought to Council for determination. 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 8, 1984 PAGE THREE B. UNFINISHED BUSINESS B-1 TIE -VOTE RESOLUTION Mr. Napper reviewed this matter stating that if there was a tie - vote in the upcoming election and Council wished to have the vote ✓ esolved by a run-off election, they must decide that before the e lection. Otherwise, the tie would be determined by lot. MOTION: Mayor. Shelton moved that in event of a tie -vote, it be resolved by a flip of a coin. The motion was seconded by Councilmember Anderson and unanimously carried. (4-0-1) B-2 RECOMMENDED SITE FOR COMMUNITY RECREATION CENTER PROPOSAL Mr. Napper stated that the Ad Hoc Community Recreation Center Committee had met and recommended that the existing Recreation Hall site be designated as the site for a Community Recreation Center. Additionally they had recommended that the City initiate n egotiations with the School. District regarding a property e xchange to accommodate a more effective structure. He ✓ ecommended that Councilapprove the recommendation and direct staff to begin negotiations with the School. District for the property exchange. MOTION: Councilmember Risley moved that Council approve the recommendation of the Ad Hoc Committee and direct staff to begin discussion with the San Luis Coastal. Unified School District for a possible property exchange. The motion was seconded by Councilmember Anderson and unanimously carried by roll call vote. (4-0-1) There was discussion regarding whether or not to abandon the committee and it was decided that the committee should remain as constituted and consulted if any matters came up that could be ✓ eferred to them. C. NEW BUSINESS C-1 POLLUTION OF CHORRO CREEK BY CMC WASTEWATER EFFLUENT Mr. Nichols stated that on September 12, 1984 the Water Advisory Committee passed a motion recommending that the City Council. demand information about the pollution of the water in Chorro Creek by the California Men's Colony sewer plant effluent and perhaps use this information in a lawsuit against CMC for degra- dation of the City's water supply. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 8, 1984 PAGE FOUR Robert Lane, a member of the Water. Advisory Board, stated that a meeting of the Water Quality Control Board would be held Friday morning regarding this matter and suggested that Council attend the meeting and demand a Cease and Desist Order be placed on the CMC and seek a Show Cause order in court. He also suggested that Councilseek to force the Whale Rock Commission to open their water lines to supply the City with water until the CMC plant is safe. He read a letter from John Mann, Jr.., geologist, to John Carollo Engineers dated June 10, 1977, discussing the percolation into the Chorro Creek from CMC. Peter Diffley also discussed the seriousness of the situation and reviewed the specific violations to be discussed at the Friday meeting from the Regional. Water Quality Control Board Staff. Ray Kaltenbach, a member of the Water Advisory Board, stated that he would be attending the meeting as well.. Councilmember Risley requested from staff information the quality of water in the City wells. Mr. Nichols samples have been taken before chlorination because situation and there is no current degradation of water. Tests are being made weekly. regarding stated that of the CMC the ground Counci].member Risley felt that it was premature to talk about legalaction at this time, first, the City should attend the hearing and if no action is forthcoming, then a delegation from the City should try to see the Governor. Council.mem ber Anderson suggested that Staff draft a resolution and the Mayor present it at the Friday meeting stating the City's concerns. MOTION: Council.member Zeuschner moved that the Mayor, or his representative or any of the Council who can get there, promote these items before the hearing Board on Friday: (1) Encourage them to put a Cease and Desist o rder on the CMC unti]such time as the CMC sewer plant meets allassurances as to its safe capacity and o peration or that the population be reduced; (2) take immediate steps to assure the safety of Morro Bay through the proper operation of the CMC sewer plant e specially and including the holding capacity in case o f emergency break -down that they be able to hold at least a couple of days worth until the City can have time to make some sort of emergency response; (3) that the City also go on record favoring a negotiation with the Whale Rock Commission to open up their water lines toward Morro Bay's availability for, at least 1,000 acre feet of water untilsuch time as the CMC sewer plant 4 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 8, 1984 PAGE FIVE meets al] these other assurances; and (4) that this be placed in the form of a resolution and a letter be drafted to the appropriate agencies and officials. The motion was seconded by Councilmember Risley and unani- mously carried by roll call vote. (4-0-1) Nick Nichols assured the Council that currently the City's water is safe to drink. C-2 REQUEST FOR HARBOR SPECIAL USE PERMIT BY KKUS FM RADIO Mr. Napper stated that KKUS Radio has requested a Use Permit to conduct a long board paddle race during the Harbor Festival. He recommended that Council. adopt Resolution No. 111-84 issuing a special use permit. MOTION: Councilmember Risley moved for the adoption of Resolution No. 111-84. The motion was seconded by Councilmember Zeuschner and unanimously carried by roll. call. vote. (4-0-1) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES FROM REGULAR MEETING OF SEPTEMBER 24, 1984 Mr. Napper recommended that Council approve the minutes as submitted. D-2 MUTUAL AID FIRE AGREEMENT Mr. Napper recommended that Councilapprove participation and authorize the Mayor to sign. D-3 REJECT BIDS FOR REPOWERING FIRE ENGINE 2502 Mr. Napper recommended Council reject the bids and authorize staff to revise and readver.tise the bid specifications. D-4 SET DATE TO INTERVIEW HARBOR COMMISSION APPLICANTS Mr. Napper recommended that Council set 7 p.m. on October. 22, 1984 to interview applicants and extend the filing deadline to October 19, 1984. D-5 FINANCIAL IMPACT REPORT OF PROPOSITION 36 AND RELATED FISCAL MATTERS Mr. Napper discussed the possible effect of Proposition 36 (Jarvis Initiative) on the City and the amount of money that 5 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 8, 1984 PAGE SIX actually comes to the City from property taxes (15.86%). He also discussed the City s surplus that had been receiving so much publicity of late and noted that the General. Fund surplus equates to $1.7 million. He recommended that Councildelay action on encumbering the surplus until after the November 6th election. D-6 RESOLUTION NO. 110-84 IN SUPPORT OF PROPOSITION 30, SENIOR CENTER BOND ACT Mr. Napper recommended that Council adopt Resolution No. 110-84 in hopes that Morro Bay may be a grant r2ecipient of the funds. D-7 PROCLAMATION DECLARING OCTOBER 7-13, 1984 AS DISABLED ARTISTS WEEK D-8 PROCLAMATION DECLARING OCTOBER 11, 1984 AS ELEANOR ROOSEVELT CENTENNIAL DAY D-9 PROCLAMATION DECLARING THE WEEK OF OCTOBER 14-20, 1984 AS TRAFFIC SAFETY WEEK D-10 PROCLAMATION DECLARING THE WEEK OF OCTOBER 21-27, 1984 AS CRIPPLED CHILDREN'S WEEK Mr. Napper recommended that Councilauthorize the Mayor to sign these proclamations. Councilmember Risley asked that items D-4, D-5, and D-6 be pulled from the Consent Calendar for separate discussion. MOTION: Councilmember Zeuschner moved for approval of the Consent Calendar with the exception of items D-4, D-5, and D-6. The motion was seconded by Councilmember Risley and unanimously carried by roll cal] vote. (4-0-1) D-4 SET DATE TO INTERVIEW HARBOR COMMISSION APPLICANTS Councilmember Risley stated that some people who would possibly apply for these vacancies were still out fishing. He requested that the deadline be extended for applications. MOTION: Councilmember Zeuschner moved that the Harbor Commission alternate member applicants be interviewed at the second Council meeting in November and that the application deadline be extended until the Friday pre- ceding the meeting. The motion was seconded by Council - member Risley. 6 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 8, 1984 PAGE SEVEN There was further discussion regarding waiting to interview applicants until after the newly elected Councilis seated. Councilmember Zeuschner amended his motion to state that the applicants be interviewed the first meeting after the new Council is seated. The amendment was accepted by Councilmember Risley and the motion carried unanimously by roll call. vote. (4-0-1) D-5 FINANCIAL IMPACT REPORT OF PROPOSITION 36 AND RELATED FISCAL MATTERS Councilmember Risley stated that the reports by staff regarding Proposition 36 and the City's surplus were excellent and he would like to see the information widely circulated throughout the City. He discussed Proposition 36 at length and need for, its defeat on November 6th. Mayor Shelton suggested that this matter, be scheduled for a public hearing so that citizens can speak for or against the issue. Mr. Gaines requested time to rebut Councilmember Risley's statements, however, the Mayor postponed the request stating that Mr. Gaines could be heard at the public hearing on this matter. MOTION: Mayor Shelton moved that this matter be scheduled for public hearing on October 22, 1984 and that Council accept item D-5. The motion was seconded by Council - member. Risley and unanimously carried by rollcall. vote. (4-0-1) D-6 RESOLUTION NO. 110-84 IN SUPPORT OF PROPOSITION 30, SENIOR CENTER BOND ACT Councilmember Risley stated that this bond has the potential of having a very positive effect on Morro Bay and should be strongly endorsed by the Council. MOTION: Mayor Shelton moved for the adoption of Resolution No. 110-84 and that Councilstrongly support Proposition 30. The motion was seconded by Councilmember Risley unanimously carried by roll call vote. (4-0-1) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL A. Councilmember Anderson reported that during a weekend there was a woman in front of Graham's Landing playing her accordion with the accordion case open soliciting money. He asked what sort of action could be taken to prevent this sort of activity on 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 8, 1984 P AGE EIGHT t he Embarcadero. Mr. Napper indicated that peddling is dis- couraged along the Embarcadero and suggested that he call City Hall or, if it happens on a weekend, call the Police Department for enforcement. Be Mayor Shel ton congratulated Councilmember. Zeuschner on the publication of his book, "Building Clear Communications." C. Mayor Shelton stated that he hoped the public hearing scheduled for the next meeting regarding the City's $3 million surplus would clear up some misconceptions that had been circu- lated recently. E-2 CITY ADMINISTRATOR A. Mr. Napper stated that he had received an appealfrom the P lanning Commission's denialof a Variance application for Gladys Wal. ton's windmill and requested that Council set a hearing date. MOTION: Council.member. Zeuschner moved that November 13, 1984, be set as the hearing date to consider Mrs. Wal.ton's appeal. The motion was seconded by Councilmember Risley and unanimously carried. (4-0-1) B. Mr. Napper requested that Council approve a transfer of monies from one capitalbudget account to another to enable staff to take advantage of a savings of approximately $3,000. The ✓ equest was to take $5,000 from the budget for a rodder and put t o towards a service truck. MOTION: Councilmember Risley moved that Council approve the ✓ ecommendation. The motion was seconded by Council - member Zeuschner and unanimously carried by roll call ✓ ote. (4-0-1) Councilmember Risley commended staff on this and other types of ✓ earrangements of funds for the most cost-effectiveness avail- able. C. Mr. Napper requested that Counciladjourn to a closed session to consider the Cabrillo lawsuit litigation. Howard Gaines asked about the Mitchellcase and if the funds gathered from the lease rentals were included in the surplus. Jack Wallace stated that the amount was approximately $57,000 and Louise. Burtstated that it was not included in the surplus; it was being held in trust by the Court. MOTION: Councilmember Zeuschner moved that the meeting adjourn to closed session to consider the Cabrillo lawsuit 8 litigation. The motion was seconded by Counciimember Risley and unanimously carried. (4-0-1) The meeting adjourned to closed session at 9:33 p.m. and returned to regular session at 10:00 p.m. MOTION: Mayor Shelton moved that the meeting be adjourned. The motion was seconded by Councilmember Zeuschner and unanimously carried. The meeting adjourned at 10:00 p.m. Recorded by: Ardith Davis Deputy City Clerk 9