Loading...
HomeMy WebLinkAboutCC_1984-01-09 Regular Meeting Minutes** ** MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1984 RECREATION HALL - 7:30 P.M. 5:00 P.M. - Adjourned Meeting for Interview and Selection of Refuse Franchise Board Applicants 7:00 P.M. - Closed Session (closed to public) REGULAR MEETING - 7:30 P.M. ROLL CALL PLEDGE OF ALLEGIANCE - Horace Strong INVOCATION - Rev. Tom Dillard, Estero Bay Methodist Church PRESENTATIONS: Presentation of Employee Service Award Pins A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 Appeal by VRM to Planning Commission Decision to Deny Morro Beach Project A-2 Consideration of Approval of Business License for Pedicab Service on Embarcadero A-3 Consideration of Zoning Conditions for T.V. Satellite Dish Antennas A-4 Amendment to Ordinance No. 22 and Section 14.44.040 of the Municipal Building Code Relating to Construction of Street Improvements A-5 Case No. CUP 34-83 (Concept Plan); Michael DeGarimore Consideration of Planning.. Commission Recommendation to approve Conditional Use Permit for Seafood Processing Establishment to be located on Lease Sites 90, 90W A-6 Case No. CUP 11-82 and Tentative Tract Map 1077; R.L. Fisher - Consideration of a Conditional Use Permit and Tentative Tract Map for an 88 unit Residential Project located at NE Corner of Hwy. 41 and Ironwood A-7 Case No. CUP 31-83 (Concept Plan) & CDP 78-83; Charles Hartzell Consideration of Planning Commission Recommendation for Conditional Use Permit (Concept Plan) and Coastal Development Permit for Demolition of Existing Motel and Construction of New 47 Unit Motel located on both sides of Market, so. of Harbor A-7 State of the City Reports AGENDA - JANUARY 9, 1984 PAGE TWO B. UNFINISHED BUSINESS B-1 Correspondence from Lanny McKay regarding payment of water hook-up fees (Continued from 12/12/83) B-2 Sewer Use Fees on Water Meters Serving Condominium and Apartment Landscaping C. NEW BUSINESS C-1 Consideration of Parking Lease Agreement between City and Ralph Gunther C-2 Consideration of Agreement for Removal of Oysters and Sublease of Sites 78 - 81W C-3 Appointment of Alternate (Recreational Boating) to Harbor Commission C-4 Report regarding Fiscal Year 1983-84 Purchased Transportation C-5 Renewal of Dial -A -Ride Transit Services Agreement D. CONSENT CALENDAR D-1 City Council Minutes from Regular Meeting of November 28, 1983 and December 12, 1983 D-2 Chamber of Commerce Monthly Report for November 1983 D-3 Consideration of Scoreboard Donation for Lila H. Keiser Park D-4 WWTP Agreement for Step 3 Office Engineering Services, Amendment #1 to Task Order #3, and Management. Services Amendment #1 to Task Order #3 D-5 .Council Opposition to SB778, Binding Arbitration E INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Administrator E-3 City Attorney MORRO BAY CITY COUNCIL ADJOURNED MEETING - JANULRY 9, 1984 CITY HALL CONFERENCE CENTER - 5 00 p.m. Mayor Shelton called the meeting P RESENT: Eugene R. Shelton Rodger Anderson John Lemons Bruce Risley ABSENT: Bud to order at 5:00 p.m. Mayor Councilmember Councilmember Councilmember Zeuschner (Excused) Councilmember S TAFF: Paul Baxter City Administrator George Rubaloff Administrative Assistant Mayor Shelton announced that this meeting was for the purpose of interviewing applicants for the two vacancies on the Refuse Franchise Board. Ardis Schroeder, the first applicant, indicated that she felt should be more options available for the residential customer need to re-examine the dumpster pick-ups. Ms. Schroeder also t hat arrangements should be made for large item pick-ups. there and a commented Mr. Harry Marks stated that he enjoyed working with problem -solving, and felt there was poor communication between the different parties involved. Mr. Marks felt that the franchise relationship should be re-examined. Mr. Marks stated that he would be available to serve at the current meeting time. Mr. McCarty and Mr. Foote, also applicants, were not present. There was general discussion regarding the applicants and their respective qualifications. Councilmember Risley commented on the fact that the Board meetings are currently held during the daytime, and felt that this prohibits involvement of certain segments of the community. MOTION: Councilmember Anderson moved that Council appoint Ardis Schroeder and Harry Marks to the Refuse Franchise Board. The motion was seconded by Councilmember Lemons and carried unanimously. (4-0-1) MOTION: Mayor Shelton moved that the Council direct the Refuse Franchise Board to reconsider its meeting times to allow more citizens participation. The motion was seconded by Councilmember Risley and carried unanimously. (4-0-1) Councilmember Anderson requested to be excused from the 7 p.m. closed session. MOTION: Councilmember Lemons moved to adjourn to closed session at 7:00 p.m. in City Hall. The motion was seconded by Councilmember Risley and carried unanimously. (4-0-1) The meeting was adjourned at 5:30 p.m. RE FULLY SUBMITTED, PAUL BAXTER, CITY CLERK MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1984 RECREATION HALL - 7:30 P.M. Mayor Shelton called the meeting to order at 7:45 p.m. ROLL CALL P RESENT: S TAFF: P RESENTATIONS: Eugene R. Shelton Rodger Anderson John Lemons Bruce Risley Bud Zeuschner P aul Baxter Michael LeSage Louise Burt Murrel Crump Dave Howell Gary Napper N ick Nichols S teve Wolter Bernie Zerr Mayor City Councilmember City Councilmember City Councilmember City Councilmember City Administrator City Attorney Finance Director Community Development Dir. P olice Chief Asst. to City Administrator P ublic Works Director Recreation Director Fire Chief Mayor Shelton presented Employee Service Award Pins to the following employees: 5--Year Pins: Carol De La Rosa, Tom Freeman, Dwayne Taylor; 10-Year Pins: Bill George, Fred Motlo, (Dick Rodgers, Dale Salyer and George Yanes were not present to ✓ eceive their pins); 15-Year Pins: Cliff Fordyce and John L inhares. Mayor Shelton congratulated the employees and thanked them for their continuing loyalty and service. A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 APPEAL BY VRM TO PLANNING COMMISSION DECISION TO DENY MORRO BEACH PROJECT Mr. Crump reveiwed the staff report and previous Planning Commission action, and stated that the Planning Commission had adopted a Resolution denying the project. The applicants then filed an appeal to the City Council based on this decision. Mr. Crump stated that according to provisions within the Municipal Code, the City Council should set the matter for a P ublic Hearing within 40 days of the City's receipt of the appeal. Ray Gallo, representing the VRM Morro Beach Project, stated ✓ easons for the appeal, and requested that a separate hearing be 1 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1984 P AGE TWO held where this item could be discussed exclusively. Mr. Gallo indicated that economic data would be available for presentation to the Council and suggested that perhaps a study session would be advisable. Councilmember Anderson felt that due to the potential length of discussion and public comment, a separate meeting date would be beneficial. Councilmember Risley objected to holding a special meeting and felt that it was not necessary to hear additional information. Council discussed alternate meeting dates for a special meeting to consider the VRM appeal. MOTION: Councilmember Zeuschner moved that the Council set Monday, January 30, 1984, 7:30 p.m., for a special meeting to consider the appeal by VRM. The motion was seconded by Councilmember Anderson and carried by the following roll call: AYES: Zeuschner, Anderson, Lemons, Shelton NOES: Risley ABSENT: None Councilmember Risley read a statement regarding the growth and d evelopment of Morro Bay. Councilmember Zeuschner felt that a separate meeting would allow more opportunity for public comment and discussion. Mayor Shelton agreed, and felt it was a courtesy that would be extended to any applicant. Mr. Jack McGregor spoke in opposition to the project, and felt that Council should make a decision soon. P eter Diffley stated that the Planning Commission took only 45 minutes in their deliberations and did not feel there was a need for a separate meeting date. Council also discussed potential dates for a study session, and agreed that the Deputy City Clerk would canvass the Council and arrive at a mutually convenient date. 2 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1984 P AGE THREE A-2 CONSIDERATION OF APPROVAL OF BUSINESS LICENSE FOR PEDICAB SERVICE ON EMBARCADERO Mr. Baxter reviewed the applicant's request to operate a pedicab business along the Embarcadero, and noted that in accordance with Municipal Code requirements, the application had been reviewed by t he Police Department and then set for public hearing before the City Council for their review and action. Mr. Baxter noted that t he Police Chief is recommending approval on a trial basis, to ✓ eview for traffic and pedestrian problems prior to final approval. Mr. Baxter noted that the recommended trial period was from March 1, 1984 to June 30, 1984. Mr. Baxter reviewed the conditions and terms that would be ✓ equired of the applicant, including description and number of ✓ ehicles, insurance requirements, rate schedule and other such information. Councilmember Risley felt that a test period of only 4 months was n ot sufficient to analyze the effects of this business, e specially considering the heavy summer traffic would not be e ncountered. Chief Howell stated that he felt uncomfortable with extending the trial period into the summer months, because if problems were e ncountered it would not be possible to correct them until the license was expired. The Council reviewed the application and conditions as stated, and agreed that the trial period should extend only through June 30, 1984. Mayor Shelton then opened the Public Hearing. There were no comments or questions from the audience. MOTION: Councilmember Lemons moved that the Public Hearing be closed. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) MOTION: Councilmember Zeuschner moved that the Council grant approval to this application and approve a temporary business license to extend from March 1, 1984, to June 30, 1984, with conditions as stated by the Police Chief and City Administrator. fhe motion was seconded by. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) 3 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1984 PACE FOUR A-3 CONSIDERATION OF ZONING CONDITIONS FOR T.V. SATELLITE DISH ANTENNAS Gary Napper stated that on December 15, the T.V. Franchise and S ervices Board reviewed the zoning conditions imposed on T.V. Satellite Dish Antennas, and recommended that they be re- e valuated. The Board was of the opinion that the conditions were too restrictive and interfered with the operation of the antennas. Mr. Napper also noted that the Board felt that such conditions did not allow for advances in technology that were expected. Rose Lane, member of the T.V. Board, stated that the Board felt t he regulations were too restrictive and the required location and placement of the antennas may prohibit installation or t ransmission. Mayor Shelton opened the Public Hearing. Dale Auth, 2115 Seaview felt that the conditions should not be t oo prohibitive, as the satellite antennas may eventually be a ✓ ital part of the emergency disaster communication system. Alice Kolb, Planning Commissioner, stated that at the time the ✓ egulations were adopted, the Commission was not aware that the antennas would be adversely affected by certain locations or screening. Mrs. Kolb stated that she was sure the Commission would reconsider given this new information. MOTION: Councilmember Zeuschner moved that the Public Hearing be closed. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) MOTION: Councilmember Zeuschner moved that the T.V. Board reconsider this issue and make recommendations to be forwarded to the Planning Commission for their action. The motion was seconded by Councilrnember Lemons and carried unanimously. (5-0) A-4 AMENDMENT TO ORDINANCE NO. 22 AND SECTION 14.44.040 OF THE MUNICIPAL BUILDING CODE RELATING TO CONSTRUCTION OF STREET IMPROVEMENTS Mr. Nichols reviewed the draft ordinance, and explained the need for a change in the current regulations. Mr. Nichols noted that the draft ordinance would require the construction of new curb and gutter improvements to be at the expense of the developer 4 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1984 P AGE FIVE ✓ ather than the City as currently required. Mr. Nichols also n oted that reconstruction of the street to centerline would be ✓ equired in some instances, also at the developer's expense. Councilmember Lemons asked if it was the intent of this ordinance to have the devioper pave the entire street along the property boundary. Mr. Nichols stated that this was the intent, if it was deemed n ecessary. Mayor Shelton opened the Public Hearing. Dick Fisher, contractor, stated his opposition to this ordinance, and felt that it placed too much expense upon the builder or a single family residence to reconstruct the street. Mr. Fisher stated that the street should be maintained by the City and not the property owner. Mr. Fisher also spoke regarding repair of d amaged street frontage. Mr. Nichols stated that there were two separate issues involved, that of repair of curb, gutter or street that has been damaged by t he construction or construction vehicles, and that of ✓ eplacement of existing sub -standard paving. Mr. Fisher felt that if the paving was not to standard and it was damaged, no repair should have to be made. Councilmember Lemons felt the ordinance was too broadly written. Howard Gaines spoke in favor of the ordinance and felt that the ✓ esponsibility of repair and repaving should be on the property tax payer and not the city. Don West, architect, objected to the modification of the o rdinance as too broadly written to properly estimate the costs involved in building and felt that as written it could require complete replacement of apparently sound streets. Mr. McGregor felt that damage to streets by construction should n ot be paid for by the City. MOTION: Councilmember Risley moved that the Public Hearing be closed. The motion was seconded by Councilmember Zeuschner and carried unanimously. Councilmember Anderson also felt that the ordinance was too all - e ncompassing. 5 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1984 Councilmember Risley felt there was a need for this ordinance or a similar one, as development frequently does extensive damage to the City's streets, and the City cannot afford to continue repairing these damaged streets. Councilmember Zeuschner noted that this ordinance could cause a "patchwork" effect of street improvement or discourage infill development. Council discussed alternatives to this draft ordinance, and made suggestions for revision. Councilmember Risley felt that where there is a development or building the street should never be left in worse condition than when the improvement began and also noted that the developer should be responsible for repairing any damage done during building. MOTION: Councilmember Zeuschner moved that this draft ordinance be returned to staff to further revision as suggested by Council, to address the issue of recovering damages as well as consideration of other funding mechanisms for street improvements. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) A-5 CASE NO. CUP 34-83 (CONCEPT PLAN); MICHAEL DEGARIMORE CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION TO _ TIONAL USE PERMIT FOR SEAFOOD PROCESSING ESTABLISHMENT TO BE LOCATED ON LEASE SITES 90 AND 90W APPROVE CONDI Mr. Crump reveiwed the project and previous Planning Commission action recommending approval for a Conditional Use Permit. Mr. Crump noted that the applicant had made an earlier presentation to Council asking for uses at this lease site, and now has presented a formalized concept plan for approval. Mayor Shelton then opened the Public Hearing. Mr. Gunther spoke regarding his concerns that the projects proposed dock length would interfere with the docking of boats at his adjacent facililty, and felt that in its present form, the DeGarimore dock would prevent larger vessels from entering his dock. Mr. Kim Gunther felt that although they had no objection to the proposal itself, they would like to see some amendment to the location and size of the dock to conform to the 12 1/2 foot setback. 6 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1984 PAGE SEVEN MOTION: Councilmember Risley moved to close the Public Hearing. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) Mayor Shelton asked how the proposed dock was aligned. Mr. Crump stated that previous Council action had been to allow the dock to reach the property line. Councilmember Risley stated that he was in favor of the project however he felt the driveway length and width was akward and should be widened for the first twenty feet or so. Councilmember Risley urged the Planning Commission to consider methods to alleviate this situation. Council discussed possible ways to alleviate the dock problem, and still allow both leasesites adequate room. Cliff Smith, Harbor Commission, stated that the Commission had concurred with the concept of the plan. Councilmember Lemons inquired about the policy of setbacks for these docks. Mr. Baxter stated that it was not a fixed standard or policy, and was not contained in any code regulation. Mr. Nichols added that although there was a required 12' setback for perpendicular slips, there was no such requirement for parallel docks. MOTION: Councilmember Zeuchner moved that the Council adopt the Resolution approving CUP 34-83 with conditions, and t hat a condition be added to provide for a satisfactory ✓ esolution to the issue of non-interference of the dock with adjacent uses. The motion was seconded by Mayor S helton and carried by the following roll call vote: AYES: Zeuschner, Shelton, Lemons, Risley N OES: None ABSENT: None ABSTAIN: Anderson MOTION: Councilmember Zeuschner moved that the Council direct staff to transmit Council's support for this project to the California Coastal Commission. The motion was seconded by Councilmember Risley and carried u nanimously. (5-0) 7 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1984 P AGE EIGHT A-6 CASE NO. CUP 11-82 AND TENTATIVE TRACT MAP 1077; R.L. FISHER CONSIDERATION OF A CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP FOR AN 88 UNIT RESIDENTIAL PROJECT LOCATED AT THE NE CORNER OF HWY 41 AND IRONWOOD Mr. Crump reviewed the staff report and noted that in November of 1982 the City Council had requested that a focused EIR be prepared for this project, and as the report had recently been completed, it was now time for Council to make a determination on t his project and the EIR. Mr. Crump noted that Council should make findings regarding the project and if approved, the EIR would then be certified. Mr. Crump stated that the EIR would be reviewed by the consultant, and introduced Stephanie Strelow. Ms. Strelow made a brief presentation to Council summarizing the major impacts and outlining the mitigation measures proposed for e ach area. Mr. Crump stated that the Council should make findings to deny or approve the project, and then act on the certification of the EIR. Mayor Shelton opened the public Hearing. Mr. Dick Fisher requested that Council certify the EIR and stated that he felt the site design was appropriate for this area and urged Council's approval of the project. Mr. Charles Dills from the San Luis Obispo Archeologicl Society spoke to Council regarding his concern for preservation of Indian sites in the Morro Bay area and urged Council to make provisions for an archeologist to examine the site for signs of artifacts or e vidence of use by the Indians. Alice Kolb read a statement regarding the environmental quality o f Morro Bay and the quality of life in the area, and felt that this quality may be lost if development such as this are allowed. Mrs. Kolb stated that the mitigating measures as suggested in the EIR should be required and suggested other measures which might be used also. Mrs. Kolb spoke regarding public concern and o pinion regarding this project. P eter Diffley felt that the project was not consistent with the L and Use Plan and the infill concept. 8 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1984 P AGE NINE Bob Lane did not feel that this project qualified as infill and u rged Council to deny approval. Howard Gaines stated that there was not enough time in the EIR devoted to the impact of this project on local municipal services such as water, sewer, police, fire, or schools. Dan Lloyd, representative of the Fisher project, stated that the focused EIR covered all the areas that were of concern to Council at the time the EIR was requested. Mr. Lloyd also addressed several of the concerns stated by members of the audience, and n oted that the project was infill, and did conform to the Land U se Plan in both design and density. Councilmember Risley asked if Mr. Lloyd had any objections to any o f the mitigation measures propopsed. Mr. Lloyd stated that he did not object to any of the mitigating measures with the exception of the suggested redesign of the project. Mr.Lloyd felt that no redesign was necessary. Ray Kaltenback questioned the availability of adequate water e quivalencies for this project. Mr. Baxter stated that the development would have to compete in the quarterly lotteries and accumulate equivalencies just as e veryone else does. Jane Von Keohe expressed her concern regarding the increase in t raffic congestion that would be caused by this project and ✓ equested additional information regarding suggested mitigation measures for this impact. Ms. Strelow reviewed the mitigation measures proposed and stated t hat if adopted, the impact of traffic would not be significant. Mr. McGregor objected to the amount of noise the development would produce. MOTION: Councilmember Risley moved that the Public Hearing be closed. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) Councilmember Risley stated that he had received correspondence from Mr. Ray Gallo regarding this project and the VRM project, and questioned Mr. LeSage about any possible legal complication if this project were approved and the VRM project was not. 9 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1984 PAGE TEN Mr. LeSage stated that each project could be taken on its own merit, however he would look into the matter. Mr. Gallo stated that he felt the VRM project had been discriminated against in light of the Planning Commission action on the Fisher project. There was additional discussion regarding the project and the EIR and the question of archeological review. MOTION: Councilmember Zeuschner moved that the Public hearing be continued to February 14, 1984, and that the Planning Commission be directed to review the mitigating measures suggested for this project as well as further define "infill". The motion was seconded by Councilmember Risley and carried unanimously. (5-0) MOTION: Councilmember Risley moved that the Council direct the City Attorney to investigate the issue of disrimination as previous discussed. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) Council recessed briefly at 11:05 p.m. and reconvened at 11:15 p.m. A-7 CASE NO. CUP 31-83 (CONCEPT PLAN) & CDP 78-83; CHARLES HARTZELL- CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION FOR CONDITIONAL USE PERMIT (CONCEPT PLAN) AND COASTAL DEVELOPMENT PERMIT FOR DEMOLITION OF EXISTING MOTEL AND CONSTRUCTION OF NEW 47 UNIT MOTEL LOCATED ON BOTH SIDES OF MARKET, SO. OF HARBOR Mr. Crump reviewed the staff report and the applicants proposal t o demolish the existing Log Cabin motel and construct a new 47 u nit motel on both sides of Market Street. Mr. Crump noted that the Planning Commission had recommended approval of a Conditional U se Permit and Coastal Development Permit for this concept plan. Mr. Don West, architect representing this project, presented color renderings to Council for their review and stated that the applicant had only one objection to the conditions as recommended by the Planning Commission and that was to the requirement for ✓ econstruction of the street. Mayor Shelton opened the Public Hearing. There were no comments o r questions from the audience. 10 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1984 PAGE ELEVEN MOTION: Councilmember Anderson moved that the Public Hearing be closed. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) Councilmember Lemons expressed a concern over the height of the building and questioned whether the parking could be placed below grade. Mr. West stated that this would not be economically feasible. Mr. Nichols suggested that Council delete condition 16 regarding reconstruction of the street paving, as it was not allowed in the municipal code. There was additional discussion regarding the improvements required for this project. MOTION: Councilmember Risley moved that Council adopt the Resolutions approving the Conditional Use Permit and Coastal Development Permit, deleting condition number 16 regarding Market Street reconstruction. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) A-8 STATE OF THE CITY REPORTS This item was continued to the meeting of January 23, 1984. B. UNFINISHED BUSINESS B-1 CORRESPONDENCE FROM LANNY MCKAY REGARDING PAYMENT OF WATER HOOK-UP FEES (Continued from 12/12/83) Mr. Baxter stated that Mr. McKay was unable to attend due to illness and had requested that the matter be continued. MOTION: Councilmember Zeuschner moved that this matter be continued to January 23, 1984. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) 11 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1984 P AGE TWELVE B-2 SEWER USE FEES ON WATER METERS SERVING CONDOMIUM AND APARTMENT LANDSCAPING Nick Nichols stated that at the previous Council meeting, Council h ad requested that staff prepare additional information regarding separate water meters for condominium and apartment landscape and irrigation. Mr. Nichols stated that he had inventoried all parcels that had separate meters, and noted that there are currently a total of 49 such meters, 6 of those being for condomium and apartment useage. Mr. Nichols reviewed the e stimated revenue lost through those meters, and noted that Brown and Caldwell did not feel the revenue loss was significant enough t o warrant a change in fee structure. MOTION: Councilmember Zeuschner moved that the report be received for file. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) Councilmemer Risley stated he had researched the current sewer ✓ ate structure and was not aware that there were separate meters for condominium/apartments. Councilmember Risley felt that all ✓ esidential uses should be required to pay sewer charges. Howard Gaines spoke regarding the unfairness of the current policy allowing these separate meters. Jim Rodgers felt that single-family residences should either have separate meters for irrigation or all residences should pay the sewer fee. N ancy Bast objected to the current rate structure and felt that e ither separate meters should be allowed, or there should be some method for arbitration if a question or problem arises regarding a bill. MOTION: Councilmember Risley moved that all categories of residential use be assessed a sewer charge. The motion died for lack of a second. Councilmember Zeuschner felt that there should be equity in the ✓ ate structure and noted the need to meet the revenue program. Councilmember Lemons noted that there currently exists a process w hereby residences can meter their own useage if a question e xists as to the sewer charge. 12 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1984 P AGE THIRTEEN Councilmember Anderson stated that this option is only available t o commercial uses. Mr. Baxter recommended that the matter be referred back to staff for further recommendations regarding possible alternatives or mechanisms to correct this inequity. There was additional discussion regarding possible amendments to t his current policy. Mayor Shelton, with Council concurrence, referred this matter back to staff. C. NEW BUSINESS C-1 CONSIDERATION OF PARKING LEASE AGREEMENT BETWEEN CITY AND RALPH GUNTHER Mr. Baxter requested that this item be tabled. Council agreed to table this item indefinitely. C-2 CONSIDERATION OF AGREEMENT FOR REMOVAL OF OYSTERS AND SUBLEASE OF SITES 78-81W Mr. Baxter provided a summary of this item to Council, and reviewed the proposal as submitted, to allow removal of oysters from the 100 acres previous leased by Morro Bay Oyster Co., and t o authorize a sublease between Qualman Oyster Company and Gold N ugget Seafoods for onshore facilities. Jack Wallace reviewed the staff report and noted that the Consent to Sublease Agreement was the document previously drafted by the City Attorney and approved by Council. Mr. Wallace stated that t he lease will be for 5 years duration and reviewed the rental amounts and recommended approval. MOTION: Councilmember Zeuschner moved that Council approve the Agreement to Remove Oysters and the Consent to Sublease between Qualman Oyster and Gold Nugget Seafoods. 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 13 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1984 PAGE FOURTEEN C-3 APPOINTMENT OF ALTERNATE (RECREATIONAL BOATING) TO HARBOR COMMISSION Mr. Baxter stated that the City had received notice that Mr. Don Walsh, an alternate to the Harbor Commission, had resigned due to ill health. Council had directed staff to submit those applications previously submitted, for review and possible selection. Mr. Baxter noted that there were three applications remaining from previous interviews, and those were from Mr. Jim Olson, Mr. Greg Bewick, and Mr. George Finneran. MOTION: Councilmember Lemons moved to appoint Jim Olson as alternate to the Harbor Commission. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) C-4 REPORT REGARDING FISCAL YEAR 1983-84 PURCHASED TRANSPORTATION Mr. George Rubaloff informed Council that during review of the 1983-84 budget, it was discovered that certain expenses had been understated by approximately $7,900. Mr. Rubaloff stated that the Ad -Hoc Transportation Committee had reviewed this matter and was recommending that the senior van to San Luis Obispo be discontinued and that savings from this service cut be transferred to the purchased transportation account, as well as adjusting the transit budget upwards by an additional $4,146. MOTION: Councilmember Zeuschner moved that Council adopt the recommendations of the Transportation Ad -Hoc Committee., to discontinue the weekly senior van service and adjust the transit budget upwards by $4,146. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: Zeuschner, Risley, Anderson, Lemons, Shelton NOES: None ABSENT: None C-5 RENEWAL OF DIAL -A -RIDE TRANSIT SERVICES AGREEMENT Mr. Rubaloff reviewed the staff report regarding the recommended contract with Cal Coast Charter for Dial -A -Ride services. Mr. Rubaloff noted that the current contract had expired in June of 1983, and negotiations had been on -going since that date. Mr. 14 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1984 PAGE FIFTEEN Rubaloff reviewed several areas of minor change in the contract and noted that the length of the contract would be for three years. Mr. Baxter stated that the Ad -Hoc Transportation Committee had ✓ ecommended approval of this contract as submitted. Councilmember Lemons requested clarification regarding Exhibit A, the projected wage increases. Mr. Rubaloff reviewed the figures and the projected wage increases. MOTION: Councilmember Zeuschner moved that the Council accept and approve the contract with Cal Coast Charter as submitted. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES FROM REGULAR MEETING OF NOVEMBER 28., 1983, AND DECEMBER 12, 1983 Mr. Baxter recommended approval of the above minutes as submitted. D-2 CHAMBER OF COMMERCE MONTHLY REPORT FOR NOVEMBER 1983 Mr. Baxter recommended that the report for November, 1983, be ✓ eceived for file. D-3 CONSIDERATION OF SCOREBOARD DONATION FOR LILA H. KEISER PARK Mr. Baxter recommended that Council accept the donation of the e lectronic scoreboard from Mr. Bill Davis, and authorize staff to coordinate acceptance and installation. D-4 WWTP AGREEMENT FOR STEP 3 OFFICE ENGINEERING SERVICES, AMENDMENT #1 TO TASK ORDER #4 AND MANAGEMENT SERVICES AMENDMENT—#1 TO TASK ORDER #4 Mr. Baxter recommended that Council approve the proposed amendment to Task Order #4 for construction management services and authorize staff to execute the related documents. 15 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1984 PAGE SIXTEEN D-5 COUNCIL OPPOSITION TO SB778, BINDING ARBITRATION Mr. Baxter recommended that Council authorize staff to transmit Council's opposition to SB778 to the legislature. Councilmember Zeuschner requested that item D-5 be pulled for discussion. MOTION: Councilmember Lemons moved that the Consent Calendar, items D-1 through D-4, be approved a submitted. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: Lemons, Anderson, Risley, Zeuschner, Shelton NOES: None ABSENT: None D-5 SB778 - BINDING ARBITRATION Councilmember Zeuschner requested clarification on this issue, and why the Council should oppose it. Mr. Baxter stated that Binding Arbitration would remove local control and decision making, and that it would affect the City's ability to determine spending. Mr. LeSage stated that it was a local control issue. Gary Napper noted that binding arbitration tends to reduce good faith bargaining as well, and should be opposed. MOTION: Councilmember Lemons moved that Council oppose this legislation, and authorize staff to transmit Council's opposition to SB778 to the legislature. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) E. INDIVIDUAL DETERMINATION AND/OR DETERMINATION E-1 CITY COUNCIL Councilmember Zeuschner requested that staff respond to correspondence from Mr. Ray Foster, and Mrs. Nancy Bast. 16 e, \1 MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1984 PAGE SEVENTEEN • Mayor Shelton stated that he would have a report on police morale for the next meeting. Councilmember Risley requested that a copy of a recent management report from Pismo Beach be provided to Council. Mr. Baxter stated that the City currently did not have a copy of t he report but would request one from Pismo Beach. Council briefly discussed a recent court case between the City of S an Luis Obispo and Ferrini, and it's effect on Measure B. E-2 CITY ADMINISTRATOR Mr. Baxter announced that there will be a luncheon sponsored by t he U.S. Coast Guard to recognize the actions of those involved in the rescue of the San Mateo. Mr. Baxter stated that the luncheon would be held at 11:30 a.m. on January 11, at the Golden Tee. Mr. Baxter stated that he had been informed by the County Clerk t hat any ballot measures for the upcoming election would be needed by June 15, 1984. Mr. Baxter then announced the resignation of Murrel Crump as Community Development Director. Mr. Baxter stated that adjournment tonight should be to January 16 at 7.00 p.m. for a joint meeting with the Cayucos Sanitary District. MOTION: Councilmember Lemons moved that the meeting be adjourned to 1/16/84 at 7:00 p.m. for a joint meeting with the Cayucos Sanitary District. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) The meeting was adjourned at 12:40 a.m. RESPECTFULLY SUBMITTED, GG�43U 3ANAN P E DEPUTY CITY CLERK