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HomeMy WebLinkAboutCC_1984-07-23 Regular Meeting MinutesMORRO BAY CITYCUNC I L REGULAR MEETING = JULY 23, 1984 N D RECREATION HALL 7:30 p.m. AG ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 CUP 17-84; CONCEPT PLAN FOR LANDSIDE IMPROVEMENTS AT THE SOUTH T-PIER A-2 REQUEST BY BLUE HERON TERRACE TENANTS ASSOCIATION FOR MOBILEHOME PARK RENT STABILIZATION ORDINANCE A-3 FRIENDS OF THE LIBRARY REQUEST FOR SPECIFIC SITE FOR LIBRARY FACILITY B. UNFINISHED BUSINESS B-1 CONSIDERATION OF HARBOR COMMISSION'S ROLE IN LEASE DOCUMENTS B-2 APPEAL OF 'NO -PARKING" ZONE - QUINTANA ROAD AND KINGS AVENUE B-3 PROJECT PRIORITY LIST FOR WATER SYSTEM IMPROVEMENTS C. NEW BUSINESS C-1 DESIGNATION OF VOTING DELEGATE FOR LEAGUE ANNUAL CONFERENCE C-2 STORM DRAINAGE ASSESSMENT DISTRICT, MAIN STREET BETWEEN HWY. 1 & MORRO CREEK C-3 REQUEST BY HARBOR FESTIVAL COMMITTEE FOR ADVANCE PROMOTIONAL FUNDING (PULLED) C-4 REQUEST BY PEOPLE FOR AFFORDABLE HOUSING FOR LETTER SUPPORTING A COUNTY- WIDE HOUSING AUTHORITY C-5 AWARD OF CONTRACT - WATERLINE REPLACEMENT PROJECT PW 84-36-194 C-6 RECOMMENDATION FOR REPLACEMENT OF HARBOR COMMISSIONER AND ALTERNATE D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JULY 9, 1984 D-2 RESOLUTION NO. 85-84 CONFIRMING REPORT OF CITY STAFF CONCERNING WEED ABATEMENT AND WEED ABATEMENT CHARGES D-3 RECOMMENDATION REGARDING REFUSE CONTAINERS ALONG EMBARCADERO D-4 CHAMBER OF COMMERCE MONTHLY REPORT - JUNE 1984 D-5 CITY OF MORRO BAY EXPENDITURE REPORT - JUNE 1984 E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY F. ADJOURNMENT MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 23, 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 J. Anderson John Lemons Bruce Risley Bud Zeuschner Gary Napper Michael LeSage L ouise Burt Forrest Henderson Michael Multari N ick Nichols Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Finance Director Asst. to the City Admin. Comm. Dev. Director Public Works Director Deputy City Clerk The Pledge of Allegiance was led by Mayor Shelton; Lance Poldberg o f the Calvary Lutheran Church gave the invocation. Gary Napper noted that item C-3 on the agenda has been pulled. A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 CUP 17-84, CONCEPT PLAN FOR LANDSIDE IMPROVEMENTS AT THE SOUTH T-PIER Mike Multari reviewed this plan which will include parking lot improvements, sidewalk and handrail, a mini -park and replacement of the public restroom. He stated that the Harbor and Planning Commissions had both reviewed the plan and their comments were included in the draft. He requested Council's adoption of Resolution No. 88-84 which approved the CUP with conditions. Mayor Shelton opened the public hearing for comments; there were n o comments from the public. MOTION: Councilmember Anderson moved that the hearing be closed. The motion was seconded by Councilmember Lemons and unanimously carried. (4-0-1) Councilmember Risley stated that he was impressed with the amount of detail work by the Commissions on this plan. He suggested holding approval over until after the Coastal Conservancy joint meeting to be held on July 25, 1984, as funding was not available n or completion expected until after undergrounding of utilities had taken place. Mr Napper responded that although funding has 1 MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 23, 1984 PAGE TWO not yet been identified, one never knows when monies will be available and therefore requested Council approve the CUP. Councilmembers had several questions to which Mr. Multari responded. MOTION Councilmember Risley moved that Council approve the concept plan with the suggested conditions and adopt Resolution No. 88-84. The motion was seconded by Councilmember Anderson and unanimously carried by roll call vote. (4-0-1) A-2 REQUEST BY BLUE HERON TERRACE TENANTS ASSOCIATION FOR MOBILEHOME PARK RENT STABILIZATION ORDINANCE Mr. Napper reviewed this item for Council. He stated that the t enants of the Blue Heron Terrace Mobilehome Park have requested t hat Council adopt an ordinance for rent stabilization similar to t he one adopted by the County by initiative. An ordinance along those lines has been prepared for Council consideration. Council must determine, before adopting the ordinance, that a shortage of ✓ ental spaces exists, that the vacancy rate is low and that rents h ave escalated rapidly during the past several years. Mayor Shelton opened the matter to public hearing. Sandy Blake, ✓ epresenting the Blue Heron Terrace Mobilehome Park tenants stated that they had been before Council in 1982 with a similar ✓ equest and had returned to try to work out long-term leases with the owner of the park. They had been unsuccessful in their e fforts and the park had changed hands since that tirne. The t enants were afraid that rents would be raised again in January 1985. He requested that Council adopt the rent stabilization o rdinance and felt that this would encourage the owners to n egotiate long-term leases with the tenants. Dave Howard, owner of the El Morro Trailer Park was not in favor o f the rent stabilization ordinance. He felt it would penalize him for not having raised his rents substantially recently. Darrel Wong, owner of the Blue Heron Terrace, was not in favor of a rent stabilization ordinance. He stated that he had been attempting to negotiate a long-term lease with the tenants. He ✓ elated his experience in working with a rent stabilization o rdinance in the City of Carson. Mr. Kidwell, owner of the Morro P alms Mobilehome Park, also was not in favor of the ordinance. He felt that the ordinance would penalize those park owners who d o not over -charge their tenants and that the problem was an isolated one with the Blue Heron tenants. Hugo Hemp also spoke in opposition to the ordinance. 2 MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 23, 1984 PAGE THREE MOTION: Councilmember Risley moved that the public hearing be closed. The motion was seconded by Councilmember. Anderson and unanimously carried. (4-0-1) Councilmember Lemons asked for information regarding the "reasonable rate of return' clause in the ordinance and how the CPI figures were compiled. Staff was unable to provide the information but would research the questions. Councilmember Risley was in favor of the ordinance since the majority of the people in Morro Bay voting on the ordinance voted in favor of it. He felt that the protection provided by the ordinance should be extended to the Morro Bay people as well. He said that the ordinance was not really a control, but an incentive for both sides to get together and live harmoniously. Councilmember Anderson did not agree with adopting the ordinance. Mayor Shelton was concerned with adopting an ordinance when the problem may be an isolated one. There were also questions regarding the County's 5-point system in the proposed long-term leases that needed to be resolved. MOTION: Councilmember Risley moved that the matter be tabled for one month. The motion was seconded by Mayor Shelton and unanimously carried by roll call vote. (4-0-1) Council instructed staff to find out information requested by Council regarding the County's 5-point system and CPI information. There was a brief recess from 9:15 p.m. to 9:23 p.m. A-3 FRIENDS OF THE LIBRARY REQUEST FOR SPECIFIC SITE FOR LIBRARY FACILITY Mr. Napper stated that the revised site and floor plan presented to Council was the result of a meeting between City staff, Councilmember Lemons, the Library and the Seniors. The revised plan does not encroach upon existing uses and is agreeable to both organizations. Mayor Shelton opened the matter to the public; there were no comments. MOTION: Councilmember Anderson moved that the public hearing be closed. The motion was seconded by Councilmember. Lemons and unanimously carried. 3 MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 23, 1984 PAGE FOUR MOTION: Councilmember Risley moved that Council adopt "in concept' the expanded use of City property at Shasta and Harbor Streets for a new library facility and on - site parking with approval of the City Administrator's ✓ ecommendation to withhold a decision on the parking. The motion was seconded by Councilmember Anderson and u nanimously carried by roll call vote. (4-0-1) B. UNFINISHED BUSINESS B-1 CONSIDERATION OF HARBOR COMMISSION'S ROLE IN LEASE DOCUMENTS Mr. Napper reviewed his recommendation that Council authorize Harbor Commission review of harbor. -related subjects prior to Council action. He was, however, opposed to the Harbor Commission becoming involved in the day-to-day administration and management of the leases or harbor operations. MOTION: Councilmember Risley moved that Council adopt the staff ✓ ecommendation to authorize Harbor Commission review of harbor -related subjects prior to the Council action, but that the Harbor Commission continue its existing monthly meeting schedule. The motion was seconded by Councilmember Lemons and carried on the following roll call vote: AYES: Lemons, Risley, Shelton NOES: None ABSENT: Zeuschner ABSTAIN: Anderson B-2 APPEAL OF "NO -PARKING" ZONE - QUINTANA ROAD AND KINGS AVENUE N ick Nichols reviewed a drawing of the area which showed the street alignment and the eliminated parking spaces. Councilmember Anderson asked if it was possible to move the stop sign forward closer to the intersection of Kings and Quintana and Mr. Nichols stated that he would look into that. There was discussion regarding minor improvement of the area across from Truhitte's for parking along Quintana. Mr. Nichols stated that t he street would have to be paved according to City standards. Mr. Mitchell, attorney representing Mr. Truhitte, requested that t he City look into moving the stop bar forward to provide a better sight distance, and consider lowering the adjacent speed limit to reinstitute parking. MOTION: Mayor Shelton moved that staff study moving the stop bar and examine the possibility of conducting a speed 4 MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 23, 1984 P AGE FIVE survey. The motion was seconded by Councilmember Anderson and unanimously carried. B-3 PROJECT PRIORITY LIST FOR WATER SYSTEM IMPROVEMENTS Mr. Napper reviewed this item stating that Council had directed staff to begin preparing an application for a loan from the State's Safe Drinking Water Bond Act. A list of priority items h ad been provided to Council and staff was requesting Council provide policy priority for the continued improvement of the w ater. system. He cautioned Council, however, to refrain from allocating reserves to pay for the projects until after the N ovember election when the fate of Jarvis IV will be known. Howard Gaines did not believe the staff report was factual and discussed the provisions of a Paso Robles loan which he related to the Morro Bay situation. Councilmember Risley stated that he was not convinced that the priorities projected by staff were adequate and that there was not enough information to permit Council to make a priority list. He felt that a filtration plant should be the top priority along w ith replacing four miles of water pipe per year for the next three years. Councilmember Lemons felt that the water line replacement program should be the top priority. He referred to Councilmember Zeuschner's memo regarding replacement of the water lines and felt Council should endorse that concept. Councilmember Anderson agreed. Mayor Shelton stated that the Council should continue with the e xisting water allocation program established by the Coastal Commission even if water line replacement is accelerated. He felt a 25-year funding encumbrance requires a vote of the people. Ray Kaltenbach felt that there were other things that needed to be looked into besides replacing the water lines. Mary Phillips was in favor of a filtering system to purify groundwater. M May Diffley questioned whether Council was convinced to accept a loan after testimony at the Public Hearings. There was considerable discussion on the loan with some Councilmembers of the opinion that the matter should be tabled u ntil a full Council is present to discuss it. MOTION: Councilmember Lemons moved that the matter be tabled to next meeting. The motion was seconded by Council- 5 MORRO BAY CITY COUNC REGULAR MEETING - JULd 23, 1984 PAGE SIX member Anderson and carried on the following roll call vote: AYES: NOES: ABSENT: Anderson, Lemons, Shelton Risley Zeuschner C. NEW BUSINESS C-1 DESIGNATION OF VOTING DELEGATE FOR LEAGUE ANNUAL CONFERENCE Mr. Napper stated that the Annual League of California Cities Conference will be held on September 23-26 in Anaheim this year. Council should designate a voting delegate and alternate for the conference. MOTION: Mayor Shelton moved that Councilmember Lemons be desig- n ated as the voting delegate to the Annual convention. The motion was seconded by Councilmember Anderson and u nanimously carried. (4-0-1) C-2 STORM DRAINAGE ASSESSMENT DISTRICT, MAIN STREET BETWEEN HWY. 1 & MORRO CREEK N ick Nichols reviewed the procedures to establish an assessment district. There was discussion regarding the amount of work to be done and costs incurred before a determination is made as to w hether or not to have an assessment district. Mr. Napper noted t hat there was no way to give property owners concrete data concerning costs until after the preliminary work is done. He stated also that if the district is not favored by the property owners, the money spent at that point by the City will be a liability of the City unless Council decides to overrule the protests by 4/5ths vote and proceed with the district. MOTION: Councilmember Risley moved that staff be authorized to proceed with the district. The motion was seconded by Councilmember Anderson. Councilmember Lemons was reluctant to proceed with the district w ithout a better handle on what the likely protests were going to be. He suggested that the property owner contact his neighbors ✓ egarding the need for an assessment district and that they petition the Council to form the district. That way Council could assess ahead of time the amount of interest in a district. MOTION: Councilmember Lemons offered a substitute motion that staff contact Frank Smith and advise him regarding the procedure to circulate a petition for an assessment district and that the matter be tabled until the 6 MORRO BAY CITY COUNC REGULAR MEETING - JUL. 23, 1984 PAGE SEVEN ✓ esults of his activity are known. The motion was seconded by Mayor Shelton and unanimously carried by ✓ oll call vote. (4-0-1) C-3 REQUEST BY HARBOR FESTIVAL COMMITTEE FOR ADVANCE PROMOTIONAL FUNDING (PULLED) C-4 REQUEST BY PEOPLE FOR AFFORDABLE HOUSING FOR LETTER SUPPORTING A COUNTY -WIDE HOUSING AUTHORITY Mr. Napper explained that the "People for Affordable Housing" were requesting a letter of support from the Council to be forwarded to the County Board of Supervisors. Mr. Napper cautioned Council that if they should approve the forwarding of such a letter, the letter should reserve funding participation until additional information is known as to the City's benefit from a County Housing Authority. Dan Herron (People for Affordable Housing) and Rick Chubon (SLO City Housing Authority) spoke to Council regarding the merits of a Housing Authority and answered questions. MOTION: Councilmember Lemons moved for approval of the staff ✓ ecommendation to send a letter to the County Board of Supervisors expressing support for the concept of "affordable housing" in the County, but reserving funding participation until additional information illustrating actual City -benefit from a County Housing Authority can be determined and evaluated. The motion was seconded by Councilmember Risley and unanimously carried by roll call vote. (4-0-1) C-5 AWARD OF CONTRACT - WATERLINE REPLACEMENT PROJECT PW 84-36- 194 Mr. Napper stated that the low bid on this project was submitted by B & Sons Construction in the amount of $206,801.50. The project calls for installing 10,227 lineal feet of 6" and 8" pipe and replacing 22 sub -standard fire hydrants. Mr. Napper indicated that although City forces were willing to do the installation of this project, they preferred that this bid be awarded because of the steep, difficult and time-consuming project area. Staff agrees with this assessment and is recommending awarding the bid to B & Sons. Councilmember Risley was in favor of letting the City forces do the work considering the $48,890 savings. He said that if the contractor does the work, the City still has to supervise it. Councilmember Lemons was in favor of the staff recommendation. 7 MORRO BAY CITY COUNC REGULAR MEETING - JUG 23, 1984 PAGE EIGHT MOTION: Councilmember_ Lemons moved for the adoption of the staff recommendation to award the bid to B & Sons Construction of Oxnard in the amount of $206,801.50 and t hat staff begin drawing specifications for FY 84-85 w aterline project by City forces in another targeted area. The motion was seconded by Councilmember Anderson and carried on the following roll call vote: AYES: N OES: ABSENT: Anderson, Lemons, Shelton Risley Zeuschner MOTION: Councilmember Risley moved that the Public Works Department be instructed to immediately prepare to have t he City water staff install an additional two miles of w ater lines so that in FY 84-85 the City totals four miles of pipe replacement. The motion was seconded by Councilmember Lemons and unanimously carried. (4-0-1) C-6 RECOMMENDATION FOR REPLACEMENT OF HARBOR COMISSIONER AND ALTERNATE Mr. Napper stated that due to their continuing absence from the Harbor Commission meetings, the Commission is requesting that Council remove the Yeomans from their positions representing fish processing. Resolutions No. 86 and 87-84 commending the Yeomans for their service were presented for Council adoption. MOTION: Councilmember Risley moved that Council adopt staff ✓ ecommendation to vacate the terms of the Yeomans serving on the Harbor Commission and adopt the ✓ esolutions commending the Yeomans for their service. The motion was seconded by Councilmember Anderson and u nanimously carried by roll call vote. (4-0-1) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JULY 9, 1984 Mr. Napper recommended that Council approve the minutes as submitted. D-2 RESOLUTION NO. 85-84 CONFIRMING REPORT OF CITY STAFF CONCERNING WEED ABATEMENT AND WEED ABATEMENT CHARGES Mr. Napper recommended that Council adopt the Resolution approving the charges and ordering property liens for the 1984 Weed Abatement program. Councilmember Risley questioned staff as 8 MORRO BAY CITY COUNC REGULAR MEETING - JULI 23, 1984 P AGE NINE t o whether more or less lots had tobe mowed this year. Mr. N ichols responded that more people mowed their own lots this year. D-3 RECOMMENDATION REGARDING REFUSE CONTAINERS ALONG EMBARCADERO Mayor Shelton requested that this matter be pulled from the Consent Calendar and considered after the approval of the Consent Calendar. D-4 CHAMBER OF COMMERCE MONTHLY REPORT - JUNE 1984 Mr. Napper recommended that Council receive the report for file. D-5 CITY OF MORRO BAY EXPENDITURE REPORT - JUNE 1984 Mr. Napper recommended that Council approve the June 1984 expenditure report. MOTION: Mayor Shelton moved for the approval of the Consent Calendar excluding item D-3. The motion was seconded by Councilmember Risley and unanimously carried by roll call vote. (4-0-1) D-3 RECOMMENDATION REGARDING REFUSE CONTAINERS ALONG EMBARCADERO Mayor Shelton was in favor of rejecting the recommendation of the Refuse Board which was to place additional aggregate receptacles along the Embarcadero to take care of the unsightly trash accumulation. He felt that the City had a problem now and that bins should be placed along the Embarcadero to take care of it. Costs and funding regarding the aggregate receptacles will take time and the problem needs to be resolved now. MOTION: Mayor Shelton moved that staff supply bins along the Embarcadero area to take care of the trash and that the Refuse Board be notified of Council s reasons behind such actions. The motion was seconded by Councilmember Risley and unanimouslycarried. (4-0-1) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL Councilmember Lemons asked if there had been an answer yet to the law firm who wrote questioning the City's actions on force labor. Mayor Shelton stated that he intended to write a very strongly worded response. Mr. Napper indicated the documents requested were being gathered and that a response was forthcoming shortly. 9 MORRO BAY CITY COUNC REGULAR MEETING - 23, 1984 PAGE TEN Councilmember Anderson stated that he would be unable to attend the joint meeting on Wednesday with the Coastal Conservancy. Councilmember Anderson discussed the concept of allowing water equivalency fee credit for sub -standard water main replacement required in development. Staff was directed to look at the ordinance governing water equivalencies for possible amendments. Mayor Shelton stated that he had received a call regarding a possible hazardous situation near the Blue Heron Terrace trailer park. Nick explained that the owner had stopped work on the project because of a disagreement over costs, but it was a non - City project on public right-of-way. Councilmember Risley asked about the status of the RV overflow area on Front Street. Mr. Napper stated that staff was in the process of evaluating the logistics before implementation. Councilmember Risley thanked the City Attorney for getting the yletter about the Cabrillo trial date. Councilmember Risley asked the City Attorney about the depositions to be obtained in the San Mateo matter. Mr. LeSage frstated that he would call the attorney on that matter the next day and call Councilmember Risley also. Mayor.:Shelton requested that the information be provided to the rest of the Council, too. E-2 CITY ATTORNEY Mr. LeSage had nothing to report. E-3 CITY ADMINISTRATOR Mr. Napper stated that a long-term financing package had been signed by the Governor for a return of $144,000 in motor vehicle - in -lieu funds. The Council can either fund the priority list in the budget or put it towards balancing the annual deficit or any other projects that Council wants. However, he recommends that Council hold off allocating the funds until after the November election when the results on Jarvis IV will be known. He will bring the matter back to Council after that time. Mr. Napper requested that Council adjourn the meeting to the joint meeting with the Coastal Conservancy on Wednesday. MOTION: Councilmember Risley moved that the meeting be adjourned to July 25, 1984, at 7:00 p.m. to hold a study session with the Coastal Conservancy and other City Commissioners. The motion was seconded by Councilmember Lemons and unanimously carried. (4-0-1) 10 MORRO BAY CITY COUNC REGULAR MEETING - JU_Ji 23, 1984 PAGE ELEVEN The meeting adjourned at 12:53 p om o Recorded by: add/ Acee Ardith Davis Deputy City Clerk 11