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HomeMy WebLinkAboutCC_1983-06-27 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEEPING - JUNE 27, 1983 RECREATION HALL - 7:30 P.M. Mayor Shelton called the meeting to order at 7:00 p.m. ROLL CALL PRESENT: Eugene R. Shelton Rodger Anderson John Lemons Bruce Risley Bud Zeuscline r STAFF: P aul Baxter Michael LeSage George Carpenter Murrel Crump Gary Napper N ick Nichols Gere Sibbach S teve Wolter Bernie Zerr P eggy Buchanan Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney P olice Lt. Community Development Director Assistant to City Administrator P ublic Works Director Finance Director Recreation Director Fire Chief Deputy City Clerk Mr. Bob DeSomer gave a brief presentation to Council regarding ideas for alternative collection of refuse. Mr. DeSomer stated that it was his opinion that the system should be flexible as far as the amount of garbage allowed to be picked up, but the billing should remain static. Mr. DeSomer stated that regular pick-up, curbside service, should allow any amount of garbage for the one base price. He stated that billing should be done by the City, and suggested that it could be placed on the tax rolls or tied into the water billings. Council discussed Mr. DeSomer's ideas concerning refuse pick-up. Councilmember Lemons asked if these were suggestions of the Refuse Board. Mr. DeSomer stated that they were his own personal suggestions, however the Refuse Board had indicated that if Council concurred o r wished further study of these ideas, they would develop a ✓ eport and recommendations. Council agreed that if the Refuse Board wished to study this issue further, it was agreeable to Council. Horace Strong provided the Pledge of Allegiance for Council and the invocation was offered by Reverend Jim Kennamur. 1 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 27, 1983 P AGE TWO P RESENTATIONS Judy Smith, representing Morro Bay Beautiful, presented a $1,000 check to the Mayor, to purchase additional aggregate refuse containers and signs. Mrs. Smith requested that Morro Bay Beautiful be allowed to place their emblem on all City refuse containers. MOTION: Councilmember Lemons moved that Council authorize Morro Bay Beautiful to place their seal on all City refuse containers. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 APPEAL TO PLANNING COMMISSION DECISION REGARDING TENTATIVE TRACT MAP NO. 1124, BY TEXACO Mr. Crump reviewed the staff report, and the Planning Commission decision regarding this Tentative Tract Map. Mr. Crump noted t hat the original request from Texaco was for 9 buildble lots, and the Planning Commission had approved only 7 buildable lots. Mr. Crump stated that the Planning Commission had determinted t hat seven lots would more closely comply to the Land Use Plan and Zoning Ordinance. Mr. Tom Hollander, real estate agent for Texaco, stated that the appeal was based on Texaco's belief that the intially requested 9 lots was more in conformance with the existing neighborhood, and reducing the number of lots to seven does not accomplish anything. Mr. Hollander noted that Texaco has 3 lots in the process of being sold, and this reduction would affect these people and the price of their lots. Council discussed the conformation of the existing neighborhood and the requirements of the Zoning Ordinance. Mr. Alan Campbell, Twin Cities Engineer, stated that the 9 lot configuration was in conformance with existing neighborhoods, and noted that there are other 3 lot configurations in the area. Mr. Hollander stated that he had been informed the lots were legal. Mr. Crump stated that a legal lot and a buildable lot were not, in this case, the same. Council discussed the area of this subdivision, and the surrounding lot sizes. 2 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 27, 1983 PAGE THREE Mayor Shelton opened the Public Hearing. Alice Kolb, Planning Commissioner, provided Council with explanation regarding the Planning Commission's decision, and noted that they had seriously considered allowing 8 lots, with the lots between Sandalwood and Coral being a configuration of 4 instead of 3, however the Commission had felt that 2 lots was more appropriate to allow for larger corner setbacks. Mr. Campbell stated that he felt that this block would accomodate 4 lots, and it would agree with the number of lots in the adjacent blocks. Mrs. Louise Tucker stated that she was the real estate agent who was involved in one of the lot sales, and felt that Texaco's ✓ equest should be approved, as it was consistent with neighboring lots. MOTION: Councilmember Zeuschner moved that the Public Hearing be closed. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) MOTION: Councilmember Risley moved that the Council adopt the Resolution supporting the Planning Commission's decision and denying the appeal by Texaco. The motion was seconded by Councilmember Zeuschner. Councilmember Lemons stated that it would seem that 4 lots would be more appropriate on the one block between Sandalwood and Coral. Mayor Shelton felt that the Commission's decision should be upheld. Councilmember Risley agreed that the recommendation from the Planning Commission more correctly lived up to the subdivision o rdinance. Councilmember Anderson stated that he agreed with the Planning Commission decision except for the lots on Sandalwood, and felt that it would be the only block with 3 lots, rather than 4. Council then voted on the motion by Councilmember Risley to u phold the Planning Commission decision: AYES: Risley, Zeuschner, Shelton NOES: Anderson, Lemons ABSENT: None 3 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 27, 1983 P AGE FOUR A-2 CONSIDERATION FOR PROPOSED BALLOT MEASURES FOR NOVEMBER 8, 1983 ELECTION Mr. Baxter stated that Resolutions had provided identifying three d ifferent ballot measures which could be submitted to the e lectorate at the November 8, 1983, ballot. These ballot measures would be the establishment of a 5% utility users tax, a transportation assessment district for Dial -A -Ride, and a street maintenance assessment district. Mr. Baxter stated that there h ad been additional discussion regarding placing the garbage billing on the tax role, but suggested that Council wait on this item for a recommendation from the Refuse Board. Mr. Baxter informed Council that all formal approval on the above items would need to take place on or before July 11, 1983, in o rder to qualify for the November ballot. The last possible date for submittal to the County Clerk would be July 18th. Mayor Shelton opened the Public Hearing. Howard Gaines stated that the Resolution was not clear, and o bjected to the proposed ballot wording as being misleading as it does not say how the money is to be raised or what it will go for. Mr. Gaines felt that most people would not fully understand what an assessment district was. Mr. Baxter stated that a more formal argument would be prepared which would explain the Ordinance in more detail. Mr. LeSage stated that the ballot language must adequately clarify the matter. Lou Okasaki felt that the 5% utility tax would be an unfair tax o n the residents and would place a burden on those least able to afford additional taxes. She also felt that the ballot measure ✓ egarding Dial -A -Ride or transportation would not pass. Dorotha Deutsch stated that additional revenues are needed and suggested that those opposed to additional taxes or fee increases provide other suggestions for increasing revenues or cuts in services. MOTION: Councilmember Zeuschner moved that the Public Hearing be closed. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) Councilmember Risley felt that the Dial -A -Ride measure should not be submitted on the ballot. 4 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 27, 1983 P AGE FIVE Mayor Shelton stated that the ballot measures would be an effort t o let the citizenry make decisions regarding those services they wish to support, and an opportunity to aid in the budget process. Councilmember Lemons stated that contrary to some opinion, if the ballot measures did not pass, it would not signal an end to the program, but rather, it would mean that Council would then have t o weigh the importance of one project against another in deciding what services would be cut back. Councilmember Zeuschner stated that he would be in favor of placing these items on the ballot if Council would concur to 'lobby" for their passage. Council discussed the issues relating to a ballot measure, and t he alternatives to submitting the issues to the voters. Mr. LeSage stated that the vote could be used as an advisory vote also. Mr. Gaines questioned the City's authority to impose a utility u sers tax, and objected to any type of assessment district. Mr. Baxter stated that the Farrell decision stated that General L aw cities shall have the same powers as Charter citites ✓ egarding this type of tax. Councilmember Zeuschner felt that a general purpose measure would attract the most voters. There was discussion regarding the possibility of a sales tax or gas tax, and Council was informed that these were not possible u nder the existing legislation. Councilmember Risley asked how much the 5% utility tax would ✓ aise if passed? Mr. Baxter stated that a 5% tax would raise approximately $340,000 to the General Fund, a 3% tax would be about $204,000 and a 1% tax approximately $68,000. Councilmember Risley asked how much would be necessary to balance t he General Fund? Mr. Sibbach stated that approximately $300,000 would be necessary t o balance the General Fund. Councilmember Zeuschner questioned the possibility of a bed tax increase, perhaps as an urgency measure. MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 27, 1983 P AGE SIX Mr. LeSage stated that he did not believe there was sufficient cause for an urgency measure. Council had additional discussion regarding the measures as propopsed. Mr. Baxter stated that if these measures were placed on the ballot, it would cost an estimated $5,000. Councilmember Zeuschner suggested that Council continue d iscussion of this matter after the regular agenda. Council concurred, and the item was continued. A-3 APPEAL BY L. KUDER TO THE CITY BUILDING PERMIT FEES Mr. Crump reviewed the staff report which explained that Mr. Kuder had originally applied for a building permit in 1977, and h ad just recently come in to have the permit issued, and was appealing the additional fees that were now due. Mr. Crump stated that many of the fees had changed since 1977 and it was Department Policy to charge existing fees. Mr. Crump noted that t he applicant had the option to act in 1977 but did not. Mr. Crump recommended that Council deny the appeal. Mr. Kuder stated that at the time the permit was first applied for it had been his understanding that no additional fees would be due. Mr. Kuder explained that due to several reasons he had not been able to build until now, but that he was under the impression that his permit was issued and paid for. Mr. Crump stated that the permit had not been issued, and that other applicants in a similar situation had been charged current fees. Mr. Kuder stated that he had paid the additional fees, although h e objected to them, so that he could begin building. Mayor Shelton opened the Public Hearing. There were no questions or comments from the audience. MOTION: Councilmember Lemons moved that the Public Hearing be closed. The motion was seconded by Councilmember Anderson and carried unanimously.(5-0) Councilmember Anderson asked how the money Mr. Kuder paid in 1977 had been treated. 6 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 27, 1983 PAGE SEVEN Mr. Sibbach stated that normally, fees for services are deposited in the appropriate accounts, while deposits such as water deposits, are held in a special account. Mr. Sibbach stated that it would be hard to calculate the amount of interest, if any, that Mr. Kuder would have gained from this money. Councilmember Anderson felt that a refund should be given. Councilmember Zeuschner felt that perhaps a $500 credit should be given, for interest that Mr. Kuder might have earned on this money. Council discussed the idea of a $500 refund with staff. MOTION: Councilmember Zeuschner moved that Council authorize staff to process a $500 refund to Mr. Kuder for interest earned. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) A-4 CONTINUATION OF PROPOSED 1983-84 BUDGET CONSIDERATION Councilmember Lemons suggested that this matter be held until the e nd of the regular agenda. Council concurred with the suggestion. B. UNFINISHED BUSINESS B-1 REPORT FROM PLANNING DIRECTOR REGARDING "BOOTLEG" HOUSING Mr. Crump reviewed the staff report and explained that the scale o f the problem of "bootleg' housing was really unknown, and that u nless someone complains, there is no way of detecting violations. Mr. Crump stated that there were several methods of attempting to control or discourage this type of illegal rental, but it might be difficult to enforce and might involve legal procedures. Mayor Shelton discussed different enforcement alternatives with Mr. Crump, and possible inspection methods to detect illegal housing rentals in R-1 zones. MOTION: Councilmember Zeuschner moved that Council direct the P lanning Department staff to prepare amendments to t he Zoning Ordinance to incorporate measures listed in the staff report and also provide additional direction and guidance regarding enforcement policy and practices. The motion was seconded by Councilmember Risley and carried unanimously. 7 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 27, 1983 P AGE EIGHT Councilmember Lemons questioned what effect "granny housing" might have on this problem, and noted that it would be hard to control who was renting the units once they were allowed. Dorotha Deutsch asked about homes where this was already built in, such as extra kitchens or add on units. Mr. Crump stated that whenever there was more than 1 kitchen, t his was considered to be a possible rental unit. M'May Diffley urged Council to make some decision, as after July lst, the 'granny housing" law will be in effect. C. NEW BUSINESS C-1 CONSIDERATION OF SAN LUIS AMBULANCE RATE INCREASE Gary Napper provided the staff report for Council, and explained t hat the Board of Supervisors had granted an increase request by the San Luis Ambulance company for the Central Coast area, however this increase needed City Council approval before it could be implemented. Mr. Napper stated that this increase will only allow the company to break even, and he would recommend adoption. Mr. Napper also noted that the County Auditor had reviewed the financial information of the ambulance company and was recommending the increase. Dorotha Deutsch asked what the increase would be. Mr. Napper said the rate for the average trip would go from $270 t o $315. Mayor Shelton noted that without Council approval of this rate increase, the ambulance company might not provide the service. Mr. Napper stated that although the ambulance company would most likely continue to provide service, other areas of the County would be subsidizing the Morro Bay area. MOTION: Councilmember Lemons moved that the Council adopt the Resolution approving the rate increase as requested by San Luis Ambulance. The motion was seconded by Councilmember Zeuschner and carried by the following roll call vote: 8 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 27, 1983 PAGE NINE AYES: Lemons, NOES: None ABSENT: None Zeuschner, Anderson, Risley, Shelton C-2 RESIGNATION OF REG WHIBLEY AND ORVIS STACEY FROM HARBOR ADVISORY BOARD Mr. Baxter stated that the City had received the resignations of Reg Whibley and Orvis Stacey from the Harbor Advisory Board. Mr. Baxter recommended that Council delay any action to fill these vacancies pending submittal of a final draft by the Harbor Advisory Board of their By -Laws. MOTION: Councilmember Zeuschner moved that Council accept the resignations of Reg Whibley and Orvis Stacey with regret. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) C-3 REQUEST BY JOHN J. KIRTH (LEASE SITE NO. 74) FOR EXTENSION OF CURRENT USE TO JULY 1, 1984 Mr. Baxter stated that as a condition of the lease for Site No. 74, the boatel use was to terminate on July 1, 1983. Mr. Baxter informed Council that a request had been received from Mr. Kirth, Lessee, to extend this boatel use to July 1, 1984, pending the results of a feasibility report being prepared. Ms. Grace Hedges, representing Mr. Kirth, stated that she would be happy to answer any questions. Council discuss the plans being proposed, and the need for the extension. Mr. Wallace stated that he was sure the plans would be an improvement. MOTION: Councilmember Zeuschner moved that Council grant the extension of boatel use to May 1, 1984, and approve the addendum to lease as submitted. The motion was seconded by Councilmember Lemons and carried by the following roll call vote: AYES: Zeuschner, Lemons, Anderson, Risley, Shelton NOES: None ABSENT: None 9 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 27, 1983 PAGE TEN Councilmember Risley asked if the rent on this site was current, and if it was subleased. Mr. Wallace stated that the rental was current and the delicatessan was subleased. C-4 SELECTION OF MAYOR PRO-TEM FOR 1983-84 Mr. Baxter stated that Council should select their Mayor Pro-Tem for the coming year. MOTION: Councilmember Risley moved to nominate Bud Zeuschner as Mayor Pro-Tem. The motion was seconded by Councilmember Anderson and carried unanimously to elect Bud Zeuschner as Mayor Pro-Tem. D. CONSENT CALENDAR Mr. Baxter reviewed the following items on the Consent Calendar. D-1 CITY COUNCIL MINUTES OF MAY 9 REGULAR MEETING AND JUNE 13 REGULAR AND ADJOURNED MEETINGS Mr. Baxter recommended that Council approve the minutes as submitted. D-2 RESOLUTION IN OPPOSITION TO TAKEOVER OF PG&E HYDRO -POWER PLANTS Mr. Baxter recommended that Council adopt the Resolution opposing the take-over of PG&E Hydro -Power Plants, as submitted. D-3 REQUEST FOR REFUSE HARDSHIP VARIANCE FROM EUGENIE L. ANSPERRY AND GWEN KINNEY Mr. Baxter recommended that Council approve the refuse variances as submitted. D-4 UNDERGROUND SERVICE ALERT AGREEMENT Mr. Baxter recommended that Council approve the agreement for Underground Service Alert system. D-5 REQUEST TO EXTEND CITY DIAL -A -RIDE CONTRACT WITH CAL COAST CHARTER Mr. Baxter recommended that Council aprove the extension of the Cal Coast Charter contract on a month -to -month basis and authorize the Mayor and Clerk to sign on behalf of the City. 10 MORRO BAY CITY COUNCIL REGULAR MEETING -JUNE 27, 1983 PAGE ELEVEN D-6 RESOLUTION REQUESTING LEAGUE OF CALIFORNIA CITIES SUPPORT TO AMEND STATE FORCE ACCOUNT LEGISLATION Mr. Baxter recommended that Council approve the Resolution as submitted. D-7 ADDITION TO CLASSIFICATION PLAN - FACILITY MAINTENANCE WORKER Mr. Baxter recommended that Council approve the addition to the Classification Plan as submitted. Councilmember Risley requested that items D-2 and D-6 be pulled for additional discussion. MOTION: Councilmember Risley moved that Council approve the Consent Calendar except for items D-2 and D-6, as submitted. The motion was seconded by Councilmember Zeuschner and carried by the following roll call vote: AYES: Risley, Zeuschner, Anderson, Lemons, Shelton NOES: None ABSENT: None Councilmember Risley stated that he was opposed to approving the Resolution regarding the takeover of PG&E hydro -power plants, because the Council had only heard one side of the issue, from PG&E. Councilmember Lemons stated that he saw no problem, as it would definitely have an adverse effect on the citizens of Morro Bay and was in favor of the Resolution. MOTION: Councilmember Lemons moved that Council adopt the Resolution opposing the take-over hydro -power plants from PG&E, as submitted. The motion was seconded by Mayor Shelton and carried by the following roll call vote: AYES: Lemons, Shelton, Anderson, Zeuschner NOES: None ABSENT: None 11 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 27, 1983 P AGE TNELVE Councilmember Risley stated that he was in favor of adopting item D-6, and would like to encourage the Council to actively circulate and campaign for the Resolution with the League and local legislators. Mr. Baxter noted that the Resolution will be submitted to the L eague of California Cities at their quarterly meeting on July 15 in Lompoc. MOTION: Councilmember Zeuschner moved adoption of item D-6, the Resolution requesting the change in the State Force Account legislation. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL Councilmember Risley requested a Closed Session to discuss the Cabrillo litigation. Mayor Shelton stated that he would be representing the City in S an Francisco at a hearing regarding offshore oil leasing. MOTION: Councilmember Zeuschner moved that Council authorize the Mayor's attendance at a hearing in San Francisco ✓ egarding OCS offshore oil drilling. The motion was seconded by Councilmember Risley and carried u nanimously. (5-0) E-2 CITY ATTORNEY Mr. LeSage stated that he would like to request a Closed Session t o discuss Meet and Confer, Sonic Cable TV, the Thomas Quonset Hut property, and the Ashurst Agreement. E-3 CITY ADMINISTRATOR N one. MOTION: Councilmember Lemons moved that Council adopt the Resolution approving an Interim Budget for 1983-84. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) 12 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 27, 1983 PAGE THIRTEEN Council concurred that the budget meeting/public hearing would be continued to 3:00 p.m. on July llth. Mr. Baxter asked for direction regarding the proposed ballot measures. MOTION: Councilmember Zeuschner moved that Council direct staff to prepare an Ordinance to establish a utility users tax of 3% and an Ordin- ance increasing the bed tax to 8% and that the hearing on these matters be continued to July 11, 1983. The motion was seconded by Councilmember Lemons and carried unanimously. (5. 0) Mr. Baxter reminded Council that interviews for the TV Advisory Board were scheduled for 5:00 p.m. on July llth. MOTION: Councilmember Lemons moved that the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) Council adjourned to Closed Session at 11:25 p.m., and reconvened to open session at 12:10 a.m. MOTION: MOTION: Councilmember Lemons moved that Council approve the agreement with Robert Ashurst for purchase of certain property (Well Site 10-A), and authorize the Mayor and Clerk to sign on behalf of the City. The motion was seconded by Councilmember Leuschner and carried unanimously. (5-0) Councilmember Lemons moved that the meeting be adjourned to 3 00 p.m. on July 11, 1983. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) The meeting was adjourned at 12:17 a.m. RESPECTFULLY SUBMITTED, PEGG // B (� ANAN DEPUTY CITY CLERK