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HomeMy WebLinkAboutCC_1983-03-28 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 28, 1983 RECREATION HALL 7:30 P.M._ * 6:30 P.M. - Interview of Refuse Franchise Board Applicants - City Hall Conference Room CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Lance Poldberg, Calvary Lutheran Church PRESENTATIONS: Dr. Steven Blout, regarding Correct Posture Month A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 CONSIDERATION OF ORDINANCE TO ESTABLISH A TV FRANCHISE AND SERVICES BOARD A-2 CONSIDERATION OF A ONE YEAR TIME EXTENSION TO THE SIGN ORDINANCE AMORTIZATION SCHEDULE (SECTION 14.64.540 OF THE MUNICIPAL CODE) B. UNFINISHED BUSINESS B-1 INFORMATION REGARDING. PUBLIC SAFETY COMPLEX SUBMITTED BY MR. ROBERT PILCHER B-2 CONSIDERATION OF SUBLEASE FROM GRAHAM'S LANDING TO GREY HERON RESTAURANT B-3 REPORT AND RECOMMENDATION FROM PLANNING COMMISSION REGARDING LEASE SITE 49, 49W C. NEW BUSINESS C-1 REQUEST FROM COMMUNITY ROUNDTABLE REGARDING DATE FOR 1983 HARBOR FESTIVAL C-2 AGREEMENT WITH BROWN AND CALDWELL FOR SPECIAL SERVICES - ASSISTANCE WITH BID PROTESTS D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES FROM REGULAR MEETING OF 3/13/83 D-2 RESOLUTION COMMENDING STEVE MACELVAINE FOR HIS SERVICE TO CITY OF MORRO BAY AS A MEMBER OF WATER ADVISORY BOARD D-3 CONTRACT WITH BROWN AND CALDWELL FOR PROJECT CONTROL AND ACCOUNTING SYSTEM D-4 AWARD OF CONTRACT FOR PW83-76 FOR KERN STREET SEWER LINE D-5 AWARD OF CONTRACT FOR ENGINEERING SERVICES FOR WATER TANK DESIGN D-6 STATE TRANSIT ASSISTANCE FUND CLAIM FOR FISCAL YEAR 1982-83 D-7 PROCLAMATION OF "CORRECT POSTURE MONTH" FOR MAY, 1983 D-8 ADDITION TO CLASSIFICATION PLAN - SENIOR MECHANIC E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ATTORNEY E-3 CITY ADMINISTRATOR MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 28, 1983 RECREATION HALL - 7:30 P.M. Mayor Shelton called the meeting to order at 7 30 p.m. Horace Strong led the Pledge of Allegiance, and Mr. Paul Baxter offered the invocation as prepared by Rev. Lance Poldberg. ROLL CALL PRESENT: Eugene R. Shelton Rodger J. Anderson John Lemons Bruce Risley Bud Zeuschner STAFF: Paul Baxter Michael T. LeSage Andy Anderson Louise Burt Dave Howell Mike Multari Gary Napper Steve Wolter Bernie Zerr Peggy Buchanan Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Interim Public Works Dir. Accountant Police Chief Asst. Planner Assist. to City Administrator Recreation Director Fire Chief Deputy City Clerk Mayor Shelton introduced Dr. Stephen Blout, who gave a brief presentation requesting that the City proclaim May as "Correct Posture Month". A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 CONSIDERATION OF ORDINANCE TO ESTABLISH A TV FRANCHISE AND SERVICES BOARD Mr. Baxter stated that this draft Ordinance had been prepared as directed by Council at their meeting of March 14, and would regulate TV franchises and services. Mr. Baxter reviewed the Ordinance and the functions of the board, and recommended that after any public testimony, that the Council approve the Ordinance for a first reading. Mayor Shelton opened the Public Hearing. There were no comments or questions from the audience. Councilmember Anderson moved that the Public Hearing be closed. The motion was seconded by Councilmember Zeushner and carried by the following roll call vote: MOTION: 1 MORRO BAY CITY COUNCIL Regular Meeting - March 28, 1983 Page Two AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None Councilmember Anderson felt thatthe Council should postpone enacting this Ordinance until there was a need for the services of such a board. Councilmember Anderson stated his feeling that this board would demand staff time and noted that until the City has a group that is interested in a franchise, the effort might be wasted. Councilmember Zeuschner responded that he felt it was an effort to plan ahead and prepare for such a time as an ordinance or franchise would be needed, rather than always having to react when the need arises. Councilmember Zeuschner stated that he felt the board would not utilize staff time, perhaps until the fall, when the orientation and review of materials had been completed. Councilmember Risley concurred with Councilmember Zeuschner and felt that the board could protect the citizens of Morro Bay. Councilmember Risley felt that it would be timely to enact the ordinance. Council discussed the deregulation of Sonic Cable TV, and questioned what authority the City currently has over the cable company if they deregulate, and what authority they will have when the current contract expires. Mr. LeSage stated that the contract does still exist, however Sonic fees that the portion pertaining to rates does not apply. Mr. Baxter further noted that when the current contract expires, the cable company will have to negotiate an agreement with the City for use of the public right of ways. MOTION: Councilmember Risley moved to read the Ordinance by title and number only, and the motion was seconded by Councilmember Zeuschner. Councilmember Lemons offered a substitute motion: SUBSTITUTE MOTION: Councilmember Lemons moved that the Ordinance be amended to add the words "...and who have a specific expertise in this field." after the words registered voters. The substitute motion was seconded by Councilmember Anderson. 2 MORRO BAY CITY COUNCIL Regular Meetig - March 28, 1983 Page Three Councilmember Risley stated that he opposed addition of such language into the Ordinance and noted that it was not contained in other similar ordinanes. Councilmember Lemons stated that it was an attempt to assure that the committee will have the expertise to draft an ordinance that would be effective. Council briefly discussed the purpose of this committee and the subject of citizen's committees in general. Council then voted on the Substitute Motion: AYES: Lemons NOES: Anderson, Risley, Zeuschner, Shelton ABSENT: None The motion died on a 1-4 vote. A roll call vote was taken on the original motion to read by title and number only: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None Mr. Baxter read "An Ordinance of the City Council of the City of Morro Bay adding Chapter 5.28 to the Municipal Code of the City of Morro Bay to establish a TV Franchise and Services Board." MOTION: Councilmember Zeuschner moved the Council approve this Ordinance as a first reading. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: Zeuschner, Risley, Shelton NOES: Anderson, Lemons ABSENT: None A-2 CONSIDERATION OF A ONE YEAR TIME EXTENSION TO THE SIGN AMORTIZATION SCHEDULE (SECTION 14.64..540 OF THE MUNI. CODE) Mike Multari reviewed the staff report and stated that this Ordinance would extend the amortization schedule for 1 year, to allow for changes in the sign ordinance currently in progress to become in effect. 3 MORRO BAY CITY COUNCIL Regular Meeting - March 28, 1983 Page Four Councilmember Risley asked the number of signs that would be affected by this extension. Mr. Multari stated that approximately 60 signs would be affected. Mayor There Shelton opened the Public Hearing. were no comments or questions from the audience. MOTION: Councilmember Lemons moved that the Public Hearing be closed. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: Lemons, Risley, Anderson, Zeuschner, Shelton NOES: None ABSENT: None Councilmember Lemons questioned whether this Ordinance would affect the 15 year schedule as well. Mr. Multari stated that it would not, in effect by that time. MOTION: Councilmember Zeuschner moved that the Ordinance be read by title and number only. The motion was seconded by Councilmember Risley and carried by the following roll call vote: Zeuschner, Risley, Anderson, Lemons, Shelton None None Mr. Baxter MOTION: AYES: NOES: ABSENT: as the new changes would be read the Ordinance by title and number only. Councilmember Zeuschner moved that the Council approve this Ordinance as a first reading. 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 B. UNFINISHED BUSINESS B-1 INFORMATION REGARDING PUBLIC SAFETY COMPLEX SUBMITTED BY MR. ROBERT PILCHER Mr. Bob Pilcher spoke to Council regarding his proposal to build 4 MORRO BAY CITY COUNCIL Regular Meeting - March 28, 1983 Page Five a public safety complex for the City, and reviewed the advantages, cost figures, square footage requirements, and other aspects of the project. Mr. Pilcher then discussed with Council various financial arrangements available to the City. At Councilmember Risley's request, Mr. Pilcher further defined the property in question. Mayor Shelton thanked Mr. Pilcher and stated that perhaps further study of this proposal should be done by staff, to see if it would be at all feasible. Mr. Baxter clarified that there are currently no funds available for a project of this magnitude without an outside soure of income. Mayor Shelton stated that Council would like further time to study the proposal. B-2 CONSIDERATION OF SUBLEASE FROM GRAHAM'S LANDING TO GREY HERON RESTAURANT (Councilmember Anderson abstained from discussion.) Mr. Baxter stated that this item had been continued pending a report from Gerald Mason, the City's attorney in the litigation case with Graham's Landing. Mr. Baxter briefly reviewed Mr. Mason's recommendation, which was to defer action on this matter pending a judgement by the court in the current litigation. Mr. Hutchison, Leaseholder of Graham's Landing, stated that their w ish was to continue to operate the restaurant, with the Flying Dutchman providing the management services. Mr. Hutchison asked that the Council provide him with direction so that this wish w ould be fulfilled. Mayor Shelton stated that the Council or staff would have to discuss this with Mr. Mason. Mayor Shelton questioned Mr. LeSage ✓ egarding continued operation of the restaurant. Mr. LeSage stated that until the court matter has been resolved, Council should not take action on this matter, but noted that the ✓ estaurant could continue status quo operation until that time. Mr. Hutchison requeted that the Violation of Lease notice which the City had recently sent be rescinded. Mr. Baxter informed Council that the violation notice had been sent because of non-payment of rent, and that recently this rent 5 MORRO BAY CITY COUNCIL Regular Meeting - March 28, 1983 P age Six h ad been paid by Mildred Dennis, former leaseholder, who holds a n ote of trust on the leasesite. Council discussed the notice of violation, and the dispute over e xisting uses and rights. MOTION: Councilmember Zeuschner moved that the Council table t his matter pending outcome of the Graham's Landing litigation. The motion was seconded by Councilmember L emons, and carried by the following roll call vote: AYES: Zeuschner, Lemons, Anderson, Risley, Shelton N OES: None ABSENT: None B-3 REPORT AND RECOMMENDATION FROM PLANNING COMMISSION REGARDING LEASE SITE 49 and 49W Mr. Baxter stated that the Planning Commission had submitted a report and recommendation regarding proposed uses for Lease Site 49 and 49W. Mr. Baxter stated tht the report indicates that the Planning Commission is in agreement with the Recreation Department regarding types of uses suitble for this site. Mr. Baxter stated that if Council concurred with the recommendation, a formal proposal would be submitted to the Coastal Commission for review and if approved, requests for proposals would be solicited. Councilmember Lemons sugested that the language submitted to the Coastal Commission be fairly broad in nature, so that if no proposals are received for 'new" uses on the site, that other water related uses be considered. Council discussed the proposal further, and instructed staff to include in the language, the idea that new uses would be especially encouraged. Council concurred with the proposed uses for Lease Site 49 and 49W. C. NEW BUSINESS C-1 REQUEST FROM COMMUNITY ROUNDTABLE REGARDING DATE FOR 1983 HARBOR FESTIVAL M'May Diffley, representing the Community Roundtable, requested that Council designate the dates of October 15 and 16, 1983, for the second annual Harbor Festival. 6 MORRO BAY CITY COUNCIL Regular Meeting - March 28, 1983 Page Seven Councilmember Anderson asked where the Festival wil be held. Mrs. Diffley stated that it will be held at the same location as last year, which was the parking lot at Morro Rock. Councilmember Lemons asked if the dates had been cleared with other agencies. Steve Wolter stated that the Chamber of Commerce had cleared those dates. MOTION: Councilmember Zeuschner moved that the City Council designate October 15 and 16, 1983, as the dates for the annual Harbor Festival. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) Councilmember Lemons asked who would provide the insurance for this event. Mr. Baxter stated that the Chamber of Commerce would provide the necessary insurance. C-2 AGREEMENT WITH BROWN AND CALDWELL FOR SPECIAL SERVICES - ASSISTANCE WITH BID PROTESTS Mr. Baxter stated that in an attempt to address the potential for a protest and litigation which may ensue as a result of the bid award for the Wastewater Treatment Plant, staff is recommending that Council approve an agreement with Brown and Caldwell for assistance with bid protests. Mr. Baxter stated that in the event no protests are received, no funds would be expended, and noted that a.price ceiling of $19,581 was quoted, with this amount being grant refundable. Councilmember Lemons asked when the bids would be awarded. Mr. Baxter stated that in discussion with the Cayucos Sanitary District, it was suggested that a joint meeting between the District and the Council be held to review the bid analysis and to allow Mr. LeSage time to review the bids and give legal advise. After this meeting, the State would have to give pre - approval to the City's bid choice, and then the bid could be awarded. Councilmember Lemons asked if the City had secured the 30 day time extension. Mr. Baxter stated that the City had received notice of the approval of the extension, however even so, there would not be an 7 MORRO BAY CITY COUNCIL Regular Meeting - March 28, 1983 Page Eight over -abundance of time. MOTION: Councilmember Lemons moved that the Council authorize the approval for assistance with bid protests with Brown and Caldwell for an estimated price ceiling not to exceed $19,581.00 and that the City Administrator be authorized to sign on behalf of the City. The motion was seconded by Councilmember Zeuschner and carried by the following roll call vote: AYES: Lemons, Zeuschner, Anderson, Risley, Shelton NOES: None ABSENT: None Councilmember Risley stated that he felt that Brown and Caldwell were "ripping -off" the taxpayers, and objected to the high cost of their services. D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES FROM REGULAR MEETING OF 3/14/83 Mr. Baxter recommended that Council approve the minutes of the above meeting as submitted by the Deputy City Clerk. D-2 RESOLUTION COMMENDING STEVE MACELVAINE FOR HIS SERVICE TO THE CITY OF MORRO BAY AS A MEMBER OF THE WATER ADVISORY BOARD Mr. Baxter recommended that Council approve the Resolution as submitted, commending Steve MacElvaine for his service as a member of the Water Advisory Board. D-3 CONTRACT WITH BROWN AND CALDWELL FOR PROJECT CONTROL AND ACCOUNTING SYSTEM Mr. Baxter recommended that Council approve the contract with Brown and Caldwell for project control and accounting systems. D-4 AWARD OF CONTRACT FOR KERN AVE. SEWER PROJECT Mr. Baxter recommended that Council approve the Resolution awarding the contract for the construction of the Kern Ave. Sewer project to L.M. Kizer in the amount of $22,648.00. D-5 AWARD OF CONTRACT FOR ENGINEERING SERVICES FOR WATER TANK DESIGN Mr. Baxter recommended that Council approve the Resolution awarding a contract for the design and inspection of welded steel 8 MORRO BAY CITY COUNCIL Regular Meeting - March 28, 1983 P age Nine water tank to Tartaglia-Hughes, in the amount of $10,300.00 and t hat the Mayor be authorized to sign all necessary agreements. D-6 STATE TRANSIT ASSISTANCE FUND CLAIM FOR FISCAL YEAR 1982-83 Mr. Baxter recommended that Council approve the Resolution as the City's State Transit Assistance Claim for Fiscal Year 1982-83. D-7 PROCLAMATION OF "CORRECT POSTURE MONTH" Mr. Baxter recommended that Council authorize the Mayor to proclaim May as Correct Posture Month for 1983. D-8 ADDITION TO CLASSIFICATION PLAN - SENIOR MECHANIC Mr. Baxter recommended that Council aprove the amendment to the classification plan to include Senior Mechanic. Council had several questions regarding items on the Consent Calendar. Councilmember Risley made a correction to the Council minutes of March 14, page one, to state that "4 categories of awards" had been chosen, rather than 5 as stated. Councilmember Anderson questioned where the sewer line project on Kern would be. Mr. Anderson responded that the construction would be on Kern and Pacific to Morro Bay Blvd. Councilmember Risley asked the location of the new tank. Mr. Anderson stated that it would be at the end of Ridgeway. Councilmember Risley asked when the work on the tank would be completed and what the life expectancy of the tank would be. Mr. Anderson stated that the construction would begin before the end of the fiscal year, and the life expectancy of the tank would be 30 to 40 years. Councilmember Lemons questioned certain wording contained in the P roclamation for Correct Posture month, and felt it was advocating a specific descipline. The Council agreed to amend t he Proclamation to strike certain wording that pertained to chiropractors. 9 MORRO BAY CITY COUNCIL Regular Meeting - March 28, 1983 Page Ten MOTION: Councilmember Zeuschner moved that the Consent Calendar be approved as amended and explained. 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 E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL MOTION: Councilmember Zeuschner moved that Council offer a Resolution to City staff, Mr. Joe Giannini and other members of the comunity who participated in the awards ceremony. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) Risley also offered special thanks to the City and Deputy City Clerk for their efforts in this Councilmember Administrator matter. Councilmember Risley stated that he had received a memo from the City Administrator regarding correspondence received from the Carnegie Hero Fund, and requested Council authorization to proceed with the application for Jim Funk and Jerry Mendez. MOTION: Councilmember Risley moved that Council endorse nominations for Jim Funk and Jerry Mendez. motion was seconded by Councilmember Lemons carried unanimously. (5-0) Councilmember Risley reported on his recent trip to Sacramento to meet with Mr. Gordon Duffy, regarding the OCS Lease Sale No. 73. Councilmember Risley stated that the trip was successful and that Mr. Duffy was sympathetic with the concerns of the communities. Councilmember Risley noted that although Mr. Duffy had requested that a hearing be held locally, he had been turned down and was now appealing that decision. Councilmember Risley stated that Ron DeCarli and Richard Charter would be representing the interests of local communities in this matter. E-2 CITY ATTORNEY The City Attorney had no comments. the The and 10 MORRO BAY CITY COUNCIL Regular Meeting - March 28, 1983 Page Eleven E-3 CITY ADMINISTRATOR Mr. Baxter suggested that Council adjourn to April 6, at 7:30 p.m. for a joint meeting with the Cayucos Sanitary District, and then to April 11, at 5:00 p.m. for a Special Public Hearing on OCS Lease Sale 73. Mr. Baxter requesting that Council authorize the transfer of $2,500.00 to the City Administrator's Miscellaneous Account for the cost of the awards presented to the participants of the San Mateo Boating rescue MOTION: Councilmember Lemons moved that the Council authorize the transfer of $2,500 to the City Administor's Miscellaneous Account from General Fund contingencies and the motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0 ) MOTION: Councilmember Zeuschner moved that the meeting be adjourned to 7:30 p.m. on April 6, 1983, and then to 5:00 p.m. on April 11, 1983. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0 ) The RESP meeting was adjourned at 9:45 p.m. CTFULLY SUBMITTED, ki:1:14da4C4Mt PEGG BflHANAN DEPUTY CITY CLERK 11