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HomeMy WebLinkAboutCC_1983-05-12 Joint CC and HAB Meeting MinutesMORRO BAY CITY COUNCIL JOINT MEETING WITH HARBOR ADVISORY BOARD MAY 12, 1983 - 5.00 P.M. RECREATION HALL Mayor Shelton called the meeting of the City Council and the Advisory Board to order with the following members present: CITY COUNCIL : HARBOR ADVISORY: S TAFF: Eugene R. Shelton Rodger J. Anderson John Lemons Bruce Risley Bud Zeuschner Fred Deschler Gene Koblick Ron Lipshay Jim Olson Doug Riddell Jim Stacy S teve Yeoman P aul Baxter Nick Nichols P eggy Buchanan Mayor Councilmember Councilmember Councilmember Councilmember Board Board Board Board Board Board Board Member Member Member Member Member Member Member Harbor City Administrator Public Works Director Deputy City Clerk Mayor Shelton stated that this was an ;adjourned meeting of the City Council in joint session with the Harbor Advisory Board, for the purpose of consideration of three items. Mayor Shelton noted that t his meeting would be conducted like a study session, and encouraged public comments. A. CITY COUNCIL DECISION REGARDING MOLTZER LITIGATION Mr. Baxter reviewed the two memorandums as submitted, and stated that both the City Attorney, and attorney Gerald Mason had provided information and background regarding the City Attorney decision on the settlement of t he Moltzer litigation. Mr. Baxter noted that the settlement provide a number of advantages to the City, and added that Mr LeSage could not be present.. this evening to answer questions. Mr. Koblick stated that although there were some complaints regarding t he decision, he personally felt it had not provided a precedent and h ad been the best possible settlement. Howard Gaines felt that the City should settle the constitutional q uestions regarding this ordinance and if necessary go to cnu.rt, Councilmember Risley was concerned that Council had erred in their d ecision to permit this settlement, and felt that the City should not t olerate any profiteering on public property. Mayor Shelton reviewed the history of the Moltzer case and reasons for t he decision. MORRO BAY CITY COUNCIL ?OINT MEETING- MAY 12,.1983 PAGE TWO There was additional discussion among the Council and Harbor Advisory Board. Daisy Schott asked how many fishermen were not considered for this slip, and if any type, of proof was_ required from the new owner. regarding his status as, a commercial fisherman. Jim Funk noted that there are currently 14 people on the waiting list for a slip, and he was not aware of any proof being givenregarding the commercial fishing status. Mr. Baxter stated that a condition of the settlement was that that the buyer provide proof of his commercial fishing status. Mayor Shelton stated that one area of the problem was the fact that information from a Closed session is not available to the public and must often be kept confidential due to the legal nature of the material, B PROPOSAL TO CHANGE HARBOR ADVISORY BOARD TO COMMISSION STATUS AND PROPOSED BY-LAWS FOR HARBOR ADVISORY BOARD Ron Lipshay reviewed changes that had been made to the document and noted that_ the composition of the board would remain at 7 members.., h owever it was proposed to eliminate the alternate members. Mr. Lipshay also noted that statements within the document relating to decision making, had been reworded to state that a recommendation would be made. Mayor Shelton asked if there were any particular advantages to the chancre to Commission status for the City. Mr. Lipshay noted that a more detailed planning effort would be available and that there would be a stronger representation to Council. Mr. Koblick noted that as ma desenting member of the group, he felt t hat only 5 members should be approved., and that 2 members should be from the public at large. Jody Giannini felt that the alternate membersshould besupported, as t his_ was often times the only way a commercial fisherman can have ✓ epresentat There was a discussion regarding the question of whether alternate members should be allowed. Councilmember Risley agreed that a stronger role was needed for this board, and felt that the Harbor Advisory Board should be structured much on the line of the Planning Commission. Councilmember Risley. recommended strengthening of. the Board. Councilmember Risley also noted that the general public should be allowed to become more involved, so that the Commission wouldn. t be dominated by a special interest group. MORRO BAY CITY COUNCIL JOINT MEETING WITH HARBOR ADVISORY BOARD PAGEITHREE Mr Lipshay stated that the group currently has a very cooperative d ecision making process that does not favor any one particular group. P eter Diffley stated that the material regarding the proposed change should be made widely available to the public prior to any decision by Council. Bob Lane did not feel that increased or expanded authority would be beneficial. There was additional discussion regarding the proposed make-up of the board. Jack Wallace stated that the major area that seemed to need improvement was the communication between the Council and the Board, as well as communication between members of the public and the Board. There was discussion regarding involvement of the Harbor Advisory Board with Embarcadero Lease management. Jim Funk noted that there was very little interest and low attendance at most Harbor Advisory Board meetings, and encouraged those present t o attend. Fred Deschler felt that if the Board had Commission status, this might e ncourage higher participation and attendance. Mr. Baxter recommended that the Board clarify their proposed role in ✓ elationship to the Council, the Planning Commission and the Recreation Commission, and felt that the documents should be circulated and perhaps even published, to allow for public comment and suggestion. Councilmember Zeuschner felt that the Harbor Advisory Board should be allowed additional authority, however these areas of additional d ecision making needed to be clarified. Councilmember Anderson felt that the City Attorney should be consulted ✓ egarding areas that could not be considered by the Harbor Board such as the Tidelands. Mr. Baxter suggestedthat perhaps a meeting could be set up between h imself, Mr. Crump, Mr. Nichols and other interested persons to redraft the d ocument that would meet the needs of both the City and the Harbor Board, and present this material back to the Harbor Board for their ✓ eview. After a brief discussion it was agreed that a future meeting date in June would be set for c'a.nsideration of such a document. C. HARBOR SAFETY ISSUES Mr. Baxter stated that due to claims filed against the City relating to t he San Mateo Boat accident, the City Attorney had advised against MORRO BAY CITY COUNCIL JOINT MEETING WITH HARBOR ADVISORY BOARD PAGE FOUR any discussion of Harbor safety that might involve the San Mateo incident. Mr. Koblick felt that the the primary responsibility of the U.S. Coast Guard should be emphasized by the City in some way,. perhaps through a policy statement. There was a brief discussion regarding this matter. MOTION: Mayor Shelton moved that the meeting be adjourned. The motion was seconded by Councilmember Risley and carried unanimously. (5 0) The meeting was adjourned at 7:18 pLm RESPECTFULLY SUBMITTED, PEGG/ ( p. CHANAN DEPUTY CITY CLERK