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HomeMy WebLinkAboutCC_1984-09-11 Regular Meeting MinutesMORRO BAY CITYCUNC 7:00 P.M. - HARBOR COMMISSION INTERVIEWS AGENDA CONFERENCE ROOM REGULAR MEETING - SEPTEMBER 11, 1984 RECREATION HALL - 7:30 P.M. ROLL CALL PLEDGE OF ALLEGIANCE - INVOCATION - REVEREND CHARLES ERICKSON, ST. PETERS EPISPOCAL CHURCH A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 APPEARANCE OF HOWARD GAINES REGARDING LACK OF ANIMAL CONTROL AND POLICE PATROL A-2 REVISION OF PARK AND RECREATION ELEMENT OF THE GENERAL PLAN INCOR- PORATING FIVE YEAR MASTER PLAN AND ELIMINATING OUTDATED SECTIONS - GPA 05-84 A-3 NOTICE OF INTENT TO RECORD NOTICE OF VIOLATION - GOLDEN TEE VILLAS B. UNFINISHED BUSINESS B-1 REPORT REGARDING 54TH STREET ACCESS/REFUSE MATTER B-2 STATUS REPORT - MORRO BAY GOLF COURSE B-3 ORDINANCE NO. 263 - ZONING ORDINANCE - SECOND READING C. NEW BUSINESS C-1 PUBLIC SAFETY BUILDING DRAWINGS C-2 REPORT ON EXPERIMENTAL RECHARGE BASIN D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES FROM REGULAR MEETING OF AUGUST 27, 1984 D-2 UNAUDITED FINANCIAL STATEMENTS - 1983/84 D-3 FINANCE INVESTMENT POLICY D-4 AWARD OF BID NO. FI 84-255 - COPIER MACHINE D-5 RESOLUTION AWARDING BID FOR PUBLIC WORKS PROJECT NO. PW 84-37-250 - TIDELANDS PARK PHASE I (EMBARCADERO LAUNCH RAMP RECONSTRUCTION) (PULLED) D-6 AGREEMENT FOR ENGINEERING SERVICES - BROWN & CALDWELL - WASTEWATER TREATMENT PLANT - OPERATION AND MAINTENANCE MANUAL D 7 WORKERS' COMPENSATION CLAIM SETTLEMENT E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY F. ADJOURNMENT .a MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11, 1984 RECREATION HALL - 7:30 P.M. AGEND NO. rDi Date 074 Action Mayor F'ro Tem Zeuschner called the meeting to order at 7:30 p.m. ROLL. CALL. PRESENT: ABSENT: STAFF: Bud Zeuschner John Lemons Bruce Risley Eugene R. Shelton Rodger Anderson Gary Nipper Michael LeSage Louise Burt Forrest Henderson Dave Howell Michael Multari Nick Nichols Steve Wolter. Bernie Zerr Ardith Davis Mayor Pro Tem Councilmember Councilmember Mayor Councilmember City Administrator City Attorney Finance Director Asst. to the City Admin. Police Chief Comm. Development Dir. Public Works Director Recreation Director Fire Chief Deputy City Clerk The Pledge of Allegiance was led by Mayor Pro Tem Zeuschner; Reverend Charles Erickson of the St. Peters Epi spocal Church gave the invocation. Councilmember Lemons requested that item D-2 be taken out of o rder and considered after item A-- S . Council concurred. A. PUBLIC C HEARINGS, REPORTS AND APPEARANCES A-• i. APPEARANCE OF HOWARD GAMES REGARDING LACK OF ANIMACON"ROL ..►► . — .... w — w — — r/. Ya_ ►... ►— ►.►. — .a. .►� _, _..- — r1 ►.. — NM ►M ►.- — ►► AND POLICE PATROL Howard Gaines, resident at 441 Orccts Street, related ctn incident to Council wherein he had had a run-in with a neighborhood dog. He was dissatisfied with the response of both the County Animal Control Department as well as with the Mono Bay Police Department. He stated that the City has a responsibility to protect the citizens of Morro E3cty from nuisances of this nature. He cited several cases wherein public agencies were held ✓ esponsible for damages when they failed to respond or negligence was found in their response to citizens requesting aid. He recommended that Council direct the Police Department to patrol the City on a regular basis and attempt to find out the o wners of animals not on a leash. He also felt that citizens of the City should be allowed to sit on the Animal Control Advisory Board; presently, only officials from each agency are allowed to be part of the Board. 1 MINUTES MORRO BAY C 1 TY COUNCIL. REGULAR MEETING - SEPTEMBER 11 1984 PAGE TWO Mr. Kevin Collin also relayed an incident in which he was attacked by dogs while jogging in his neighborhood Subsequent to that incident, he found one of the dogs that attacked him in his back yard. Mr. Howard Orozco, owner of the dog Mr. Gaines was talking about, stated that his dog is generally chained in his yard and had somehow broken from her, leash and left his yard. He stated that what happened that day is an isolated incident; the animal is very good natured To insure this not happening again, he is building a fence to keep the dog in. He felt that the matter was blown out of proportion and that if Mr. Gaines had come to him, they could have resolved the issue as neighbors. Betsy Morrell, resident on Orcas, stated that some people abuse their ✓ ights in calling the police too often. Lily Collier., an Ironwood resident, spoke of the numerous dogs that run free in her area and the need for stricter enforcement. W illiam Manley agreed with Mr. Gaines' statements. Mrs. Real q uestioned who is responsible to enforce regulations prohibiting more than 3 dogs at a residence MOTION: Councilmember Lemons moved that the public hearing be closed. The motion was seconded by Councilmember Risley and unanimously carried. (3-0-2) Dave Howell, Police Chief, stated that he was responsible for animal control and ordinance enforcement. He pointed out the diffict.lties in enforcing the leash law and the fact that when they do catch an animal and find the owner, the owner of the animal is entitled to due process which takes time. He reviewed ✓ ecent department statistics on calls relating to animals, most o f which are barking dogs. Mr. John McEwan, Nuisance Abatement Officer for the County Animal Control Department, reviewed patrolling activities in the Morro Bay area and the process whereby an individual can abate an animal nuisance. Councilmember.s asked various questions relating to animal control and enforcement. Mr. LeSage also discussed the prosecution process against animal owners. It was noted that if a victim of an animal got three signatures of neighbors agreeing that the animal was a nuisance, it automatically entitled ham to a n uisance abatement hearing. Councilmember. Risley felt that there was a need to strengthen the animal control process by strictly enforcing the leash law and helping people who become victims 2 MINUTES -. MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11 i.984 PAGE THREE MOTION: Councilmember Risley moved that staff come back with recommendations for assisting the people of Morro Bay to secure more effective animal control. The motion was seconded by Councilmember Zeuschner Councilmember Lemons stated that the Police Chief had indicated w hat his problems were and if more people weren't hared, there w ould be no results. He felt that the Police Department should devote at least as much time as they are now towards crime prevention and apprehending criminals. Councilmember Risley reiterated Mr. Gaines' suggestion that mem- bers of the public be allowed to sit on the Advisory Board and suggested that perhaps people who purchase dog licenses could be given a copy of the leash law to make them more aware of their ✓ esponsibility. The motion was unanimously carried. (3-0-21 A- 2 REVISION OF PARK AND RECREATION ELEMENT OF THE GENERAL PLAN INCORPORATING FIVE YEAR MASTER PLAN AND ELIMINATING OUTDATED SECT IONS - GPA 05--84 Mr. Multari stated that Council had before it an amendment to the City's General Plan Parks and Recreation Element which ancor- porates the 1985-90 Parks and Recreation Facilities Plan and e liminates outdated facilities standards. Steve Wolter reviewed the five year facilities plan and background on how the Parks and Recreation Commission had arrived at their. recommendations. Mayor. Pro Tem Zeuschner opened the matter to the public for comments. Jim Rodgers, President of the Morro Bay Senior Citizens, stated that the Board of the Directors of the Senior Citizens had voted unanimously in favor of a joint community center with the City. Jim Hartzell, member of the Parks and Recreation Advisory Board stated that the Plan is only that, a plan, and can be changed as circumstances change. He felt it would be useful in applying for grants. MOTION: Councilmember Risley moved that the hearing be closed to the public. The motion was seconded by Councilmem• ber Lemons and unanimously carried. 13-0-2) MOTION: Councilmember Risley moved for the adoption of Resolu- tion No. 108-84 adopting the amendment to the Parks and Recreation Element of the General Plan incorporating a five year parks and recreation facilities plan and removing outdated park facilities standards. The motion was seconded by Councilmember Lemons and unani- mously carried by roll call vote. (3-0--2 1 3 MINUTES - MORRO E3AY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11 1984 PAGE FOUR MOTION: Councilmember Risley moved that Council rectppropriate $19,500 from Coleman Park Rehab project to a Community Recreation Center project fund. The motion was seconded by Councilmember Zeuschner. Councilmember Lemons asked about the Coleman Drive Rehab project and Steve Wolter stated that he was trying to work with the California Conservation Corps to see if they could do some of the work The motion failed with Councilmember Lemons voting no; appropriation items require three affirmative votes. (2-1-2) MOTION: Councilmember Lemons moved that Council appropriate $19,500 from unencumbered balance unless investigation shows that same amount of money can be appropriated from Coleman Park if it is not needed. The motion was seconded by Councilmember Risley and unanimously carried by roll call vote. (3--0-2 ) MOTION: Councilmember Risley moved that the Mayor be authorized to appoint a 9 member Community Center Ad Hoc Committee and that each of the Councilmembers be requested to submit nominations and that the Mayor report at the next meeting. The motion was seconded by Councilmember. Zeuschner. Councilmember. Lemons objected to the Mayor having the authority to select the members of the committee without Council approval He requested that the motion be amended to include committee appointment be by Council action. Councilmember Risley amended his motion to include that the Mayor's selection be by approval of the Council The amendment was accepted by Councilmember. Zeuschner and unanimously carried. (3-0-2) Council held a recess from 9:30 p.m. to 9:38 p.m. A•-3 NOTICE OF INIENT TO RECORD NOTICE OF VIOLATION VILLAS GOLDEN TEE Nick Nichols reviewed this matter for Council giving background information on the improvement agreement between the City and Golden Tee Properties, Inc. to construct offsite :improvements on Tract 729, the bankruptcy of Golden Fee Propexties, Inc., and title to the project subsequently being awarded to Kingsway Revocable Frust consisting of a consortium of investors in Golden Tee Properties, Inc. He stated that clearing and grubbing of the 4 MINUTES -• MORRO BAY CITY COUNCIL. REGULAR MEETING - SEPTEMBER 11 1984 PAGE FIVE site, construction of a retaining wall and approximately 60% of the grading for the project has been completed, but work was halted on May 2, 1984. The City became concerned about erosion o n the site unless the project was continued and, therefore, served both parties with a Notice of Violation. Mr. Nichols the time by ✓ equest for 1984. He ✓ ecommends also reviewed the disagreement with the developers on which the improvements were to be completed and their an extension to complete improvements to October 23, said that if Council agrees to the extension, staff that the developers be bound by all conditions of the o riginal agreement, that they indemnify the City, that the Engineer's Estimate and bonded amounts be increased to account for inflation, that Kingsway indemnify the City against claims against the City by Golden Tee Properties, Inc, that the water e quivalencies are not transferable, and that construction begin within 45 days. Mr. LeSage stated that the permits were pulled by the time indi-' cited on the agreement had expired, so there is a vesting of certain rights. The bonds are very important and the erosion problem is another. concern. Council can find that there is a ✓ iolation and proceed or grant an extension providing there is n ew bonding. Public hearing was opened. Rick Racouillat, attorney representing Kingsway Revocable Trust, spoke in favor of Council granting the extension to complete the o ff -•site improvements. He stated that approximately 200 investors lent Mr. Mervyn Flory over $2 million; the loan was to last approximately six months. Mr. Flory defaulted on the loan and the investors have spent the last three years in bankruptcy and courts. The property was cleared of title in April of this year. He stated that the investors need an opportunity to ✓ ecover on their loan and have agreed to abide by the conditions set by the City. Mr. Robert Peterson, an attorney from Ventura representing Golden Fee Properties, Inc , objected to the condition set by staffwhich did not allow for the transfer of water equivalen- cies He maintained that the City had agreed to an extension of the improvements. Mr. LeSage stated that the agreement states that the improvements were to have been completed by April 23, 1984 and any extension date granted by the Council would be a completion date. 5 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SE:PTEMBER 11 1984 PAGE SIX MOTION: Councilmember Lemons moved that the hearing be closed. The motion was seconded by Councilmember Risley and unanimously carried. (3-0-2) Fhere was considerable discussion about this matter with Mr. LeSage noting the bankruptcy proceedings prevented the developers from doing anything with the property until the title was cleared. there was also discussion regarding the water equivalencies and it was determined that the property had trans- ferred hands, along with the water equivalencies, under an old City ordinance. Councilmember Risley felt that the City had not acted properly with regard to the ordinance in 1980. He said that the Council should facilitate the development so that the people can make their profit and the project can proceed. He would, however, like to make sure that all the safeguards the City needs are included in the agreement. Mr. Merriman, architect for the project, stated that they would begin erosion control within 30 days and complete the basic off - site improvements in three to four months. MOTION: Councilmember Lemons moved that extension to complete the improvements within one year from the date of the extension agreement be granted, provided all the other conditions of the originalpermit agreement or improve- ment agreement apply, that construction begin within 30 days on appropriate erosion control construction to protect the area during the winter, that either ade- quate bonds or other assurances satisfactory to the City Attorney be furnished in the amounts approved by the Director of Public Works and the six recommenda- tions by staff be approved, and that all the above be reduced to an agreement by staff and brought back to Council. The motion was seconded by Councilmember. Risley and unanimously carried by roll call vote. ( 3-0-2 1 D--2 UNAUDITED FINANCIAL. STATEMENTS - 1983/84 Councilmember Lemons was concerned that the City had an unreserved fund balance of $2,940,000 He felt that it was inappropriate to have that amount when the City needs to be working on its water problems and that about 31 million should be encumbered to complete some of those water projects Councilmember Risley stated that those funds were invested at 10%, 11% and 12%, he also felt that it was inappropriate to take action on this matter at this time; it should be agendized 6 MINUTES -• MORRO BAY CITY COUNCIL REGULAR MEE I ING - SEPTEMBER li. 1984 PAGE SEVEN MOTION: Councilmember Lemons moved that this be an agenda item at the October 22, 1984 meeting and at that time the Council will make a decision whether or not to encumber funds to enable completion of major portions of the water system upgrading. The motion was seconded by Councilmember Zeuschner. Councilmember. Zeuschner thought perhaps Council should wait until after the election to consider this item when the results of Proposition 36 are known (Jarvis IV). Councilmember Risley also thought that the matter should wait until after the election; he said it was unethical for an out -going Councilmember to dictate on this type of matter. The motion carried with; Councilmember Risley voting no. ( 2-1-2 ) Councilmember Risley requested that the. Finance Department see if they could come up with some type of improved format for a monthly financial report which would make it easier to read He also thought it would be useful to see some figures comparing, for instance, last year's sales tax with this year's. B. UNFINISHED BUSINESS 8-1 REPORT REGARDING 54TH STREET ACCESS/REFUSE MATTER Nick Nichols stated that although staff had arrived at a tenta- tive agreement with Mr. Gallo on a solution to the 54th Street problem, they were unable to obtain confirmation from the VRM property owners. Staff had, therefore, reinitiated abatement proceedings to remove the trash from the area. To date, no appeals on this action had been received Staff will remove the debris and the cost will go on the property owner's tax bill. Ed Foote reviewed the items which at been dumped at this location and maintained that they were the type of items not picked up by the garbage company. He thinks the Police Department should have a sand vehicle so that they could patrol this area. B--2 STATUS REPORT MORRO BAY GOLF COURSE Mr. Wolter stated that he had been in contact with Les McCargo of the Department of Parks and Recreation and he had stated that the State intends to go ahead with the transfer process. They plan to have.ct joint meeting between the City, County and State in the near future to discuss the transfer. He recommended that Council continue this item. 7 MINUTES -- MORRO BAY CiFY COUNCIL REGULAR MEETING - SEPTEME3ER 11. 1984 F'AGE EIGHT MOTION: Councilmember Lemons moved that the matter be contin- ued until the State indicates it is prepared to termin- ate County lease of the Golf Course. -(he motion was seconded by Councilmember Risley and unanimously carried. (3-0--2 ) B-3 ORDINANCE NO. 263 - ZONING ORDINANCE - SECOND READING MOTION: Councilmember Risley moved that Ordinance No. 263 be read by title and number only The motion was seconded by Councilmember Lemons and unanimoulsy carried. (3--0-2) Mr. Napper. read Ordinance No. 263 by title and number only. MOTION: Councilmember Risley moved that this constitute the final reading of Ordinance No. 263. The motion was seconded by Councilmember Lemons and unanimously carried by roll call vote. (3-0-2) C. NEW BUS 1 NESS C-1 PUBLIC SAFETY BUILDING pRAWINGS Mr. Napper presented the drawings for the Public Safety Building for Council review and stated that Jim Maul had donated the time to work with staff to prepare the sketches. The site is the present Fire Station location on Harbor Street and the proposed facility encompasses 14,700 square feet. He stated that they were preliminary drawings only to give the voters an idea of what the facility will look like. MOTION: Councilmember Lemons moved for acceptance of the draw- ings as the preliminary concept for the proposed Public Safety Facility. The motion was seconded by Council - member Risley and unanimously carried. (3-0-2) C--2 REPORT ON EXPERIMENTAL RECHARGE BASIN Nick Nichols reported on the experimental recharge basin in the Chorro Valley and the fact that the experiment was inconclusive because there was no way to detect if water was being recharged to the. acquifer. He noted that the City has budgeted funds to obtain consulting services for location and design of recharge basins and well relocation projects. He also reported on the investigation of using tracers to determine where the water goes when it percolates into the ground and noted that the City would be unable to place radioative tracers in the water which have the potential of reaching the City's water supply Staff" will, however., continue to explore this and other options. MINUTES - MORRO E3AY CITY COUNCIL REGULAR MEETING - SEPTEMBER 1i 1984 PAGE NINE Councilmember Risley commended the report by Clyde Marley regard- ing the experimental recharge basin. However he felt that the engineers should have examined the cross section of wells in the area and taken soil tests before drilling. Councilmember Zeuschner felt that there needed to be a measurement by which the success or failure of the pioje.ct will be judged, the system needs to be thought through before the City starts on recharge basins. D. CONSENT CALENDAR D•-1 CITY COUNCIL. MINUTES 1984 Mr. Napper recommended that Council approve the minutes as submitted. FOR THE REGULAR MEETING OF AUGUST 27, D-2 UNAUDITED FINANCIAL. STATEMENTS 1983/84 Mr. Napper recommended that Council appropriate $5,183 to various FY 83-84 capital projects and receive the report for. file. D-3 FINANCE INVESTMENT POLICY Mr. Napper recommended that Council accept staff' s report. D-4 AWARD OF B I P NO_ F I 84_ 255 _ COPIER MACHINE Mr. Napper recommended that the bid be awarded to the low bidder meeting bid specification on this project; More Copy Systems in the amount of $9,994.75. D-5 RESOLUTION AWARDING BID FOR PUBLIC WORKS PROJECT NO. PW 84- 3 -250 - TIDELANDS PARK PHASE I (EMBARCADERO LAUNCH RAMP RECONSTRUCTION) (PULLED) This matter will be scheduled at a subsequent meeting. D--6 AGREEMENT FOR ENGINEERING SERVICES - BROWN & CALDWELL WASTEWATER fR_EATMENT PLAN_(' ^ OPERATION AND MAINTENANCE MANUAL Mr. Napper recommended that Council approve the proposal as submitted and authorize the City Administrator to sign the documents. D-7 WORKERS' COMPENSATION CLAIM SETTLEMENT Mr. Napper recommended that Council authorize approval of the 9 MINUTES - MORRO REGULAR MEETING PAGE TEN AY CITY COUNCIL SEP I EME3ER 11. 1984 claim settlement and direct the City Administrator to sign on behalf of the City. MOTION: Councilmember Consent Calenda member Risley vote. (3-0-21 Lemons moved for the approval of the r. The motion was seconded by Council - and unanimously carried by roll call E. INDIVIDUAL DETERMINATION AND/OR ACTION E-i. CITY COUNCIL. a. Councilmember. Risley reviewed a memo he had written to Council and staff suggesting that a quarterly report be prepared ✓ egarding water; he had also included some of the things he w ished to have included in the report. MOTION: Councilmember. Risley moved that staff prepare a first quarterly report on water in October. The motion was seconded by Councilmember Zeuschner. Mr. Napper pointed out that there may be little progress to xeport as early as October. Mr Zeuschner stated that the report could be made on October 22nd when Council will consider e ncumbering funds for water projects. The motion was unanimously carried. (3-0-21 b. Councilmember Zeuschner stated that he had attended a United Way kick-off campaign and was impressed with the o rganization. He suggested that the Council authorize contributing $250.00 towards this non-profit organization. MOTION: Councilmember Zeuschner moved that Council authorize contributing $250 toward the United Way 1984 campaign. The motion was seconded by Councilmember Risley. Councilmember Lemons suggested that the City appoint a City chairman to coordinate employee contributions to United Way as w ell, challenging employees to match the City's contribution. MOTION: Councilmember Zeuschner amended his motion to include that Forrest Henderson be appointed the City liaison with the United Way for their fall campaign The amendment was accepted by Councilmember Risley and unanimously carried. c. Councilmember. Zeuschner stated that Council had inter- viewed applicants for the Harbor Commission vacancies before the ✓ egular meeting. He asked Council how they wished to proceed. 10 M 1 NU f E:S - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11 1984 PAGE ELEVEN Councilmember Lemons nominated Dean Tyler to the regular member vacancy in the Fish Processing category Councilmember. Risley nominated Nancy Bast to the same position. Councilmember discussed the various merits of the two individuals. Voting was as follows: Dean Tyler - Lemons Nancy Bast - Risley, Zeuschner Councilmember Risley nominated Steve Sweetwood as alternate in the Fish Processing category. Steve Sweetwood _ Risley, Zeuschner Councilmember Risley stated that he had received a letter of resignation from Mary Coffeen who was an alternate in the Member - at -Large category on the Harbor Commission Council suggested that this position along with the position vacated by Nancy Bast in the Commercial Fish Processing category, alternate, should be advertised. Councilmember Lemons stated that he did not feel it was proper for people living in the same household to represent two different categories. MOTION: Councilmember. Risley moved that Council accept Mary Coffeen s resignation and authorize staff to advertise the two vacancies The motion was seconded by Council - member Zeuschner and unanimously carried. I3-0-21 CITY ADMINISTRATOR a. Mr. Napper stated that Dave Norton, Associate Civil Engineer for. the City has been appointed to the Water Engineer vacancy after extensive recruitment. b Mr. Napper asked to be excused from the next meeting as he will be attending the League of California Cities Annual Conference. E-3 CITY ATTORNEY Mr. LeSctge had nothing to report 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEP I EMBER 11, 1984 PAGE TWELVE F. ADJOURNMENT MOTION: Councilmember Risley moved that the meeting be adjourned. The motion was seconded by Councilmember Lemons and unanimously carried. (3-0-2 ) The meeting adjourned at 11: 4 0 Recorded by: /tar. d i t h Davis Deputy City Clerk p.m. 12