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HomeMy WebLinkAboutCC_1983-02-14 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1983 RECREATION HALL - 7:30 P.M. (Adjourned Meeting - 5:00 p.m.) ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS: Presentation of Resolutions of Commendation to Bruce Elster, June Cunningham, Ron Myers, Ardis Schroeder A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 Consideration of possible Coastal Land Use Plan Amendment, changing the designation of approximately 130 acres, generally located east of Highway 1 near Morro Bay Blvd., currently designated for agricultural use, to medium density residential and district commercial. A-2 Consideration of Notice of Disapproval to Unauthorized Sublease from Graham's Landing to Grey Heron Restaurant A-3 Amendment to Ordinance No. 237, to allow administrative approval of certain types of minor projects in the "CZ" special coastal zone district A-4 Acceptance of final Water Management Plan A-5 Appeal. to Weed Abatement Program for calendar year 1982 B. UNFINISHED BUSINESS B-1 Approval of Morro Bay Tidelands Settlement B-2 Consideration of Bids on Water Pipeline Bid PW 83-5 (cont. from 1/24) C. NEW BUSINESS C-1 Consideration of Sublease from Ron Myers (Lease Sites 80, 81) to Gold Nugget Seafoods Inc.. C-2 Correspondence from Roland G. Jacobus concerning encroachment permit for Fay Luzader C-3 Consideration of San Luis Ambulance Rate Increase Request C-4 Appointments to Golf Course Ad -hoc committee C-5 Appointment of alternate to the San Luis Obispo Water Advisory Board D. CONSENT CALENDAR D-1 City Council minutes from regular meeting of January 10, 1983, and special and adjourned meetings of January 11, 1983 D-2 Morro Bay Expenditure Report for December, 1982 D-3 Resolution Adopting a Yearly Rental Agreement for the rental of mooring spaces. within the Harbor of the City of Morro Bay D-4 Correspondence from K.L. Parker regarding Fish and Game ad hoc committee D-5 Adoption of Revised Deferred Compensation plan D-6 Chamber of Commerce Expenditure Report for January 1983 D-7 Report requesting City Council to authorize City Administrator to sign agreement with Area Council of Governments for City to receive funds for preparing a 5-year Transportation Development Plan D-8 Authorization to advertise to fill vacancy on Refuse Franchise Board D-9 Request for approval of one-year time extension on Tract 951 (Sea Harbor Villas) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1983 RECREATION HALL - 7:30 P.M. !A NO. Action Mayor Shelton called the meeing to order at 7:30 p.m. ROLL CALL PRESENT: STAFF: Eugene R. Shelton Rodger J. Anderson John Lemons Bruce Risley Bud Zeuschner Paul Baxter Michael T. LeSage Andy Anderson Murrel Crump Dave Howell GaryNapper Gere Sibbach S teve Wolter Bernie Zerr P eggy Buchanan Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney P ublic Works Director Community Dev. Director P olice Chief Asst. to City Admin. Finance Director Recreation Director Fire Chief Deputy City Clerk Mr. Horace Strong led the Pledge of Allegiance and the invocation was offered by Reverand Dillard of the United Methodist Church in Morro Bay. PRESENTATIONS Mayor Shelton presented Resolutions of Commendation to Bruce Elster for his service on the Planning Commission, and Ron Meyers for his service on the Refuse Franchise Board. Mayor Shelton also read Resolutions to June Cunningham and Ardis Schroeder, who were not present to receive the Resolutions for their service on the Planning Commission and Refuse Franchise Board. A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 CONSIDERATION OF POSSIBLE COASTAL LAND USE PLAN AMENDMENT, CHANGING THE DESIGNATION OF APPROXIMATELY 130 ACRES, GENERALLY LOCATED EAST OF HIGHWAY 1 NEAR MORRO BAY BLVD., CURRENTLY DESIGNATED FOR AGRICULTURAL USE, TO MEDIUM DENSITY RESIDENTIAL AND DISTRICT COMMERCIAL Murrel Crump reviewed the Planning Commission recommendation to amend the Coastal Land Use Plan, and reviewed the staff report and documents provided for Council's information. Mayor Shelton opened the hearing to the public. 6 MORRO BAY CITY COUNCIL Regular Meeting - February 14, 1983 Page Two Councilmember Risley requested that the Planning Commission recommendation be more thoroughly explained. Mr. Crump read the recommendation, and stated that the Planning Commission had held a Public Hearing and received testimony on t his item, and had recommended that it be approved and forwarded t o the City Council. Mr. Crump noted that staff's recommendation h ad been that this was not a 'timely' item, and recommended that t he LUP not be amended at this time. Mr. Ray Biering, representative of Mr. Merrill Williams, gave a brief presentation to Council and the public, and stated that the item at issue here was the appropriateness of the Agricultural designation. Mr. Biering stated that there were no development plans being submitted at this time, but that the applicant felt that for long range planning and future development, this area w as not appropriately designated. Mr. Biering noted that Mr. Williams was concerned about the community and felt that this area was the most logical for growth, and would have the fewest e nvironmental impacts, the best access, and the most benefit to t he community. Mr. Biering stated that Mr. Williams was anxious t o receive public input regarding this proposal, and would be interested in holding a town -hall meeting or other gathering to allow both Mr. Williams and the community to exchange information. Mrs. Grace Melton spoke in favor of the change from agricultural designation, and noted that possible development of a convention center or other community facility would be beneficial to the City. Louis Craig Tucker stated that she was interested in seeing Morro Bay improve, and was in favor of the rezoning to residential and commercial. Bud Moffett stated that the center built by Mr. Williams in Los O sos had been very beneficial to the area, and was in favor of t he redesignation of this area for future development. Barbara Sanders felt that Morro Bay needs proper long range planning and urged Council to approve the Land Use amendment. Al Switzer also urged approval of the Planning Commission recomendation as the logical area for expansion and future development. Marylou Marshall stated that the Grange was in opposition to any change of existing agricultural land, and felt it would destroy the natural water shed. 7 MORRO BAY CITY COUNCIL Regular Meeting - February 14, 1983 Page Three Bob Lane felt that amendment of the Land Use Plan would not be beneficial to the community and said he could foresee development of motels, markets, gas stations and other retail facilities, and felt this would be detrimental to the existing downtown. M'May Diffley, representing the Citizen's Action League, stated that there was not sufficient water for any development of.this area, and recommended that Council deny the Planning Commission's recommendation. Herminia Ward stated that the issue was not any development of this area at this time, just amendment of the Land Use Plan to refect an appropriate designation. Austin Brumley felt that development of a shopping center would cause an increase in crime and smog, and noted that there was not adequate access in this area. Ray Kaltenbach felt that the land is properly designated as agricultural. Charles Murdy spoke in favor of the Planning Commission recommendation and felt that future development of the area would increase the tax base and bring more business to town. Ben Sanders also spoke in favor of the LUP amendment, and felt that there was no real shopping area in Morro Bay now and it would mean additional revenue and jobs for the City. Howard Gaines objected to the amendment of the LUP and did not feel that the area was suitable for residential use. Dorotha Deutsch felt the issue was not the development of this land but the redesignation to an appropriate land use, and urged Council to consider the youth of the community who often are forced to leave the area for lack of work. P eter Diffley spoke in opposition to the Planning Commission ✓ ecommendation, and noted that there were 650 unbuilt lots in the City, and stated that no additional residential housing was n eeded. Katherine Walling urged Council to deny the Planning Commission ✓ ecommendation. S cotty Campbell felt that the issue should be brought to the people at an election. Jan VonKeogh also support a ballot measure to make this decision. 8 MORRO BAY CITY COUNCIL Regular Meeting - February 14, 1983 Page Four MOTION: Councilmember Zeuschner moved that the Public Hearing be closed. 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 Councilmember Zeuschner stated that several of the considerations for Council to decide included the appropriateness of the agricultural designation, long-term planning, the timeliness of the amendment, as well as the economic impact on the community. Councilmember Zeuschner felt that the project should have the confidence of the citizens of Morro Bay, and felt that perhaps an election would be the best way to measure this confidence. Councilmember Risley noted that although the Planning Commission had recommended approval of this amendment, the staff had ✓ ecommended against it. Councilmember Risley concurred with the staff's recommendation, and felt that it would place constraints o n municipal services and that with the potential for increased ✓ esidential units, there would not be sufficient water for other areas of town. Councilmember Risley supported the idea of a feasibility study but felt the Council should reject the amendment at this time. Councilmember Anderson stated that the Council was not here to consider the "project" or development of this area, but strictly the redesignation of the area from agricultural. Counci]m em ber Anderson noted that he would not consider this prime agricultural land, and that the Council would have ample opportunity to consider an development proposed for this area. Councilmember Lemons asked for a definition of agricultural land. Mr. Crump stated that there are several grades of agricultural land, and noted that the Coastal Commission had not considered this as prime agricultural land. Councilmember Lemons stated that he did not feel the potential for development of this land was as great as previously indicated, and noted that a feasibility study was a requirement of this amendment already. Councilmember Lemons did not feel it w ould be a disservice to the applicant to postpone discussion u ntil responses can be made to the concerns given during public testimony. 9 MORRO BAY CITY COUNIL Regular Meeting - February 14, 1983 Page Five Mayor Shelton agreed that since desire to receive public feedback, public forum, or even possibly confidence of the public. MOTION: Mr. Williams had expressed a he would suggest some sort of an election, to measure the Councilmember Lemons moved that the Council continue this matter pending further response and information from the applicant to concerns raised at this Public Hearing. The motion was seconded by Councilmember Anderson and carried by the following roll call vote: AYES: NOES: ABSENT: Lemons, Anderson, Zeuschner Risley, Shelton None Councilmember Risley stated that he was not against an advisory vote, however he felt that instigation of an election should be by the applicant and not the City. Councilmember Zeuschner stated that he hoped the matter would not drag on and would be brought back to Council promptly. Council recessed briefly at 9:15 p.m and reconvened at 9:24 p.m. A-2 CONSIDERATION OF NOTICE OF DISAPPROVAL TO UNAUTHORIZED SUBLEASE FROM GRAHAM'S LANDING TO GREY HERON RESTAURANT (Councilmember Anderson abstained from discussion or vote.) Mr. Baxter stated that this matter had been continued from the Council meeting of January loth, and Council's consideration was whether a sublease agreement exists between the lessee and the operator of the Blue Heron Restaurant. Mr. Baxter informed Council that both the City Attorney and Mr. Wallace felt that the agreement presented to Council at a previous meeting was in fact a sublease. Mr. Edward S. Orchan, representing Graham's Landing reviewed the agreement and stated that as there was no interest in the Lease Site conveyed by the agreement, it did not constitute a sublease. Mr. Orchan stated his clients felt this was harrassment by the City and there was no documentation of the alleged sublease. Councilmember Risley questioned whether there was a use permit for the Restaurant. Mr. Orchan stated that this was a permitted use under the Lease. 10 MORRO BAY CITY COUNCIL Regular Meeting - February 14, 1983 P age Six Councilmember Risley questioned the number of restaurants on this L ease Site, and their location. Mr. Orchan stated that there were two, the Blue Heron and Graham's Landing cafe. Mayor Shelton opened the Hearing for public testimony. Howard Gaines questioned whether this was a County Lease, and whether the City had made inspections of the leasesite to check t he improvements. Mr. Gaines also asked whether the payments due from this site were in jeopardy. Mr. Baxter stated that during reconstruction and remodeling of t he leasesite, an inspection had been made. Mr. Gene Koblick objected to the fact that the Harbor Advisory Board had not been allowed to review this matter. Mayor Shelton stated that he was not sure this was within the Harbor Advisory Board's charge of duty. Dorotha Deutsch asked if the previous operator of the Blue Herson had operated under a sublease. Mr. Baxter stated that it had. 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, Zeuschner, Shelton NOES: None ABSENT: None ABSTAIN: Anderson Councilmember Risley asked for the City Attorney's opinion regarding this matter. Mr. LeSage stated that although both he and Jack Wallace had concurred that this was in fact a sublease agreement, he had requested Mr. Gerald Mason, attorney, to analyze the document and he too had agreed that it was definitely a sublease. The d ocument contained the same type of wording as a sublease, and t he same provisions regarding payment. 11 MORRO BAY CITY COUNCIL Regular Meeting - February 14, 1983 Page Seven MOTION: Councilmember Risley moved that Council authorize a Notice of Disapproval to Unauthorized Sublease to be sent to Graham s Landing (Hutchison and Lindquist). The motion was seconded by Councilmember Lemons and carried by the following roll call vote: AYES: Risley, Lemons, Zeuschner, Shelton NOES: None ABSENT: None ABSTAIN: Anderson Council then discussed the permitted uses on this site. Mr. LeSage stated that the court will have to resolve the issue of use. Mr. LeSage stated that the Lessee's would have to go before Council for approval of their sublease document or be in violation of their Lease conditions. A-3 AMENDMENT TO ORDINANCE NO. 237, TO ALLOW ADMINISTRATIVE APPROVAL OF CERTAIN TYPES OF MINOR PROJECTS IN THE 'CZ' SPECIAL COASTAL ZONE DISTRICT Mr. Baxter reviewed the staff report regarding this Ordinance, and noted that if amended, additional exemptions to the Use Permit process would be allowed for minor projects. Murrel Crump provided additional background for Council's information, and noted that in addition to single family dwellings, duplexes would now be exempted from the use permit process also, along with other minor exemptions. Mayor Shelton opened the Public Hearing. Howard Gaines questioned the exemption of duplexes and asked for clarification regarding business "duplexes". Mr. Baxter stated this would be residential duplexes only. MOTION: Councilmember Risley moved that the Public Hearing be closed. The motion was seconded by Councilmember Zeuschner and carried by the following roll call vote: AYES: Risey, Zeuschner, Anderson, Lemons, Shelton NOES: None ABSENT: None 12 MORRO BAY CITY COUNCIL Regular Meeting - February 14, 1983 Page Eight Mayor Shelton asked if there was a process whereby citizens could have a public hearing. Mr. Crump stated that as an administrative decision, it could be appealed to the Planning Commission and then the City Council. 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: AYES: Zeuschner, Risley, Anderson, Lemons, Shelton NOES: None ABSENT: None Mr. Baxter read the Ordinance by title and number only. MOTION: Councilmember Zeuschner moved that the Ordinance be adopted for 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 A-4 ACCEPTANCE OF FINAL WATER MANAGEMENT PLAN Mr. Baxter reviewed past Council action on the Draft Water Management Plan, and noted that it had been approved by the State with no changes. Mr. Baxter informed the Council that the Water Advisory Board had taken four separate actions regarding this plan: 1) to accept the plan as submitted; 2) to forward the plan to the San Luis Obispo County Water Advisory Board; 3) to strongly urge implementation of the plan; and 4) to recommend to the City Council that the Water Advisory Committee be continued. Mayor Shelton opened the Public Hearing. Peter Diffley spoke in favor of the plan, however, he offered several suggestions for amendment to the Resolution approving the plan. Mr. Diffley reviewed portions of the LCP and felt that the language in the Resolution should be 'tightened" to more clearly state its intent. Mr. Diffley suggested language to indicate that the process of implementation of this plan is a step by step process and each step should be validated prior to any approvals of new subdivisions. 13 MORRO BAY CITY COUNCIL Regular Meeting - February 14, 1983 Page Nine Mr. Baxter noted that the Resolution is merely an administrative vehicle, and only records Council's action and the language Mr. Diffley referred to is already contained within the LCP and related documents. Council discussed the Water Management Plan, and any necessary amendments or additions to the Resolution. Herminia Ward recommended that the Plan be adopted. MOTION: Councilmember Zeuschner moved that the Public Hearing be closed. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) MOTION: Councilmember Lemons moved that the Council approve the Resolution as submitted by staff, adopting the Final Water Management Plan. The motion was seconded by Councilmember Anderson and carried by the following roll call vote: AYES: Lemons, Anderson, Risley, Zeuschner, Shelton NOES: None ABSENT: None There was additional discussion regarding the wording contained in the Resolution and Water Management Plan. Councilmember Risley noted that this was an historic moment, and that adoption of the Plan and support of the Plan by the community was an important occasion for the city. MOTION: Councilmember Lemons moved that Council direct staff to check the appropriate documents for adequate language as suggested above. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) MOTION: Councilmember Lemons moved that Council policy action number 3) of the Water Advisory Committee, strongly urge implementation of the plan and that Council instruct staff to bring back a study of measures for implementation and cost schedules. The motion was seconded by Councilmember Anderson, and was carried by a unanimous vote of Council. (5-0) MOTION: Councilmember Lemons moved that Council continue the existance of the Water Advisory Committee with the same makeup of representatives as presently 14 MORRO BAY CITY COUNCIL Regular Meeting - February 14, 1983 Page Ten MOTION: serve from all classes of use. The motion was seconded by Councilmember Anderson and carried by a unanimous vote of Council. (5-0) Councilmember Zeuschner moved that the City Council recognize and express appreciation to the Water Advisory Committee for the development of the Water Management Plan and that a letter of such appreciation be sent to each member from the Mayor. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) A-5 APPEAL TO WEED ABATEMENT PROGRAM FOR CALENDAR YEAR 1982 Mr. Baxter stated that this was the annual Public Hearing for grievances to the weed abatement program. Mayor Shelton opened the Public Hearing. Ray Kaltenback asked if the weed abatement could take place earlier this coming year than last year, as the grass was at very high level and several fires occurred before the abatement had been completed. Mr. Baxter explained that a late, heavy rainy season like last year and this year caused excessive growth and crews could not begin abatement until the rain had stopped. MOTION: Councilmember Lemons moved that the Public Hearing be closed. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) B. UNFINISHED BUSINESS B-1 APPROVAL OF MORRO BAY TIDELANDS SETTLEMENT Mr. Baxter asked Mr. LeSage to provide a report for Council. Mr. LeSage stated that there were several changes to be made to the Resolution and suggested that this item be continued in order for Council to review the changes prior to the meeting. MOTION: B-2 Councilmember Risley moved postponed until the meeting of was seconded by Councilmember unanimously. (5-0) CONSIDERATION OF BIDS ON WATER PIPELINE BID PW 83-5 FROM 1/24) that this item be 2/28/83. The motion Anderson and carried (CONT. 15 MORRO BAY CITY COUNCIL Regular Meeting - February 14, 1983 Page Eleven Mr. Baxter noted that this matter had been continued from a previous meeting for Council's direction regarding acceptance or denial of Bid 83-5. Mr. Baxter noted that if the City proceeds with the bidding to continue the pipe replacement, and if the pipe is purchased, there would not be sufficient funds in the Water Budget to lay the pipe. Mr. Baxter suggested that since the City currently has approximately 4,000 feet of pipe on hand, that the bids be rejected. MOTION: Councilmember Lemons moved that the City Council accept the staff's recommendation and reject the bid for water pipe, PW 83-5. The motion was seconded by Couoncilmember Anderson and failed by t he following roll call vote: AYES: Lemons, Anderson N OES: Risley, Zeuschner, Shelton ABSENT: None Bob Lane stated that there would be no means of continuing the program anyway, and felt that a report on where the City stands with the water line replacement project should be made public. Mr. Baxter stated that the staff was preparing specifications for bidding on the water line replacement program and these would be ✓ eady within 30 days. Mr. Baxter recommended that the bids be ✓ ejected and those funds used to continue the program in 83-84. Mayor Shelton asked how much pipe was currently available. Mr. Baxter stated that approximately 4,000 ft. was on hand, and n oted that so far this year 2.6 miles of pipe had been laid. Councilmember Risley requested that more information be made availble on the pipeline project. Mr. Anderson stated that a report could be prepared for Council. Mr. Sibbach explained purchases of pipe took done mostly in the summer. Mr. Baxter stated that if the bids were accepted, money could be taken from contingencies for the cost of the labor to install the pipe. MOTION: that in the past, most of the major place in the spring, and the work was Councilmember Risley moved that Council award the bid to Certainteed as stated in the staff report. The motion was seconded by Councilmember Lemons and 16 MORRO BAY CITY COUNCIL Regular Meeting - February 14, 1983 Page Twelve carried by the following roll call vote: AYES: Risley, Lemons, Anderson, Zeuschner, Shelton NOES: None ABSENT: None C. NEW BUSINESS C-1 CONSIDERATION OF SUBLEASE FROM RON MYERS (LEASE SITES 80, 81), TO GOLD NUGGET SEAFOODS, INC. Mr. Baxter stated that staff was recommending that this matter be received for file, as it would be more appropriate to consider when the sublease document has been prepared and submitted. Councilmember Zeuschner asked if the Harbor Advisory Board should be involved in this sublease. Mr. Baxter stated that the Harbor Advisory Board will be submitting a recommendation regarding the scope of their duties and until then it might be best to continue as presently doing. Mayor Shelton stated that as the Ordinance doesn't stipulate that the Harbor Advisory Board should review any of the lease sites, however, it would be something to consider. Mr. Koblick stated that the Harbor Advisory Board would like to review all matters pertaining to the waterfront. Councilmember Anderson noted that much of the review and decision making is of a legal nature, and the Harbor Advisory Board does n ot have the resources or staff to determine the legality of the u ses, etc. Councilmember Anderson also noted that the H.A.B. should not be a policy making board, but that their reveiw and ✓ ecommendation would be helpful in some cases. There was additional discussion regarding the charge of the Harbor Advisory Board and the scope of their duties. C-2 ENCROACHMENT FOR FAY LUZADER. PER Mr. Baxter noted for Council's information that correspondence had been received from Mr. Roland G. Jacobus, in protest to a Council decision to grant an encroachment permit to Mr. Fay L uzader. Letters had also been received from Mr. Herman Sale, and Mrs. Gladys Schwass, in protest of the Council decision, h owever a second letter from Gladys Schwass withdrawing her 17 MORRO BAY CITY COUNCIL Regular Meeting - February 14, 1983 P age Thirteen protest had also been received by staff. Mr. Baxter stated that a report from the Public Works Department detailed the history of t his matter. Mr. Jacobus spoke in opposition to the encroachment permit and t he fence at 301 Fairview, and cited several sections of the Municipal Code which he felt prohibited such structures. Mr. Jacobus stated that the fence restricted his view and was an eyesore to look at. Mr. Jacobus also stated that in his opinion, no protection was needed from the golf course, as argued by Mr. Luzader. Mr. Luzader stated that he did need protection from stray golf balls, and requested that his encroachment permit be upheld. Councilmember Anderson stated that the report from the Public Works Department had shown that Mr. Luzader was aware of the need for a special permit and proceeded with his fence anyway. Councilmember Anderson reviewed letters from Mr. John Bressan regarding the need for a variance and encroachment permit. Mr. Luzader stated that he had been given permission to go ahead with the fence by a member of the Public Works Department staff. Mayor Shelton noted that if he had been aware of the history of this matter previously, and if he had seen the structure, he w ould not have approved the encroachment permit. Mayor Shelton n oted that the structure was indeed a fence and not merely a screen. There was discussion regarding the guidelines of the City Ordinances concerning a fence on public right-of-way. Councilmember Risley felt that Council had been remiss in their previous action, and should revoke the encroachment permit. Councilmember Risley stated that if this fence is allowed to remain, others might show up everywhere, and noted that the screening provided by the Council should be adequate. Mayor Shelton agreed that perhaps Mr. Luzader should have gone through the permit process, and concurred with Councilmember Risley that the Council should revoke the encroachment permit. Councilmember Lemons noted that Mr. Jacobus did not protest or comment at the last meeting, even though he had the opportunity t o do so. Councilmember Lemons noted that the County had allocated money to repair the fence and plant additional trees in t heir next fiscal year's budget, and perhaps the entire matter would be solved at that point. 18 MORRO BAY CITY COUNCIL Regular Meeting - February 14, 1983 Page Fourteen MOTION: Councilmember Zeuschner moved that Council recind their action of January 24, 1983, and revoke the encroachment permit granted to Mr. Fay Luzader at 301 Fairview, and that on or before July 15, 1983, the Building Inspector be directed to inspect the premises for removal of the fence structure. 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 Council recessed briefly at 11:35 p.m. and reconvened at 11:45 p.m. C-3 CONSIDERATION OF SAN LUIS AMBULANCE RATE INCREASE REQUEST Mr. Baxter informed Council that San Luis Ambulance had applied for a rate increase, and this increase had been approved by the Board of Supervisors. For this increase to be enacted within the City of Morro Bay, it must be ratified by the Council. Mr. Baxter noted that staff had reviewed the information submitted, and did not feel there was sufficient data to base a rate increase on at this time, and was recommending that Council defer action until April, when additional information will be submitted. However, it was staff's recommendation, that the rates for the EMT II services be approved, as these services are available at this time. Mayor Shelton suggested that a public hearing be held prior to any rate increase in April. There was a brief discussion by Council of the proposed rate increase for EMTII services. MOTION: Councilmember Zeuschner moved that Council accept the staff recommendation and approve the establishment of EMT II service rates as proposed, but defer adoption of other requested rate increases until further financial analysis is available. 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 19 MORRO BAY CITY COUNCIL Regular Meeting - February 14, 1983 Page Fifteen C-4 APPOINTMENTS TO THE GOLF COURSE AD -HOC COMMITTEE Mr. Baxter informed Council that at their request, applications had been solicited and received by City staff for the ad -hoc Golf Course Committee. Mr. Baxter reported that eleven applications had been received. Mayor Shelton then recommended the ad -hoc Golf Course Advisory Board: following be appointed to the Victor Armstrong Robert Blanchard Jacquelyn Bode Austin Brumley John Evans Leon Osteyee Charles Vrooman Councilmember Anderson suggested that Steve MacElvaine be contacted and asked to sit as a non -voting, of ex-officio member on the Board, to share his knowledge and experience with the group. There was a short discussion on the goals and objectives of the committee, and Council concurred that the main goal would be to expedite acquisition of the golf course and refine a management plan for operation of the course. Councilmember Risley inquired as to the financial status of the course. Councilmember Lemons noted that all financial information is available upon request from the County. MOTION: Councilmember Zeuschner moved that Council confirm t he appointment of the seven members named by the Mayor to the ad -hoc Golf Advisory Board, that Council direct staff to contact Steve MacElvaine and request h e sit as an ex-officio member on the Board, and t hat the remaining applicants not selected be asked t o sit as alternate members to the board. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) C-5 APPOINTMENT OF ALTERNATE TO THE SAN LUIS OBISPO WATER ADVISORY BOARD Mr. Baxter stated that past alternate to the board had been John Bressan, and recommended that until a permanent Public Works Director is selected, that Mike Wolski be named interim alternate 20 MORRO BAY CITY COUNCIL Regular Meeting - February 14, 1983 Page Sixteen to the San Luis Obispo Water Advisory Board. MOTION: Councilmember Zeuschner moved that Council appoint Mike Wolski as interim alternate to the San Luis Obispo Water Advisory Board. The motion was seconded by Mayor Shelton and carried unanimously. (5-0) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF REGULAR MEETING OF JANUARY 10, 1983, AND SPECIAL AND ADJOURNED MEETINGS OF JANUARY 11, 1983 Mr. Baxter recomended that Council approve the above minutes as submitted. D-2 MORRO BAY EXPENDITURE REPORT FOR DECEMBER, 1982 Mr. Baxter recommended that Council approve the Expenditure Report as submitted by the Finance Director. D-3 RESOLUTION ADOPTING A YEARLY RENTAL AGREEMENT FOR THE RENTAL OF MOORING SPACES WITHIN THE HARBOR OF THE CITY OF MORRO BAY Mr. Baxter recommended that Council approve the Resolution providing for Rental Agreements for mooring spaces in the Harbor of Morro Bay as submitted. D-4 CORRESPONDENCE FROM K.L. PARKER REGARDING FISH AND GAME AD - HOC COMMITTEE Mr. Baxter recommended that Council receive this correspondence for file. D-5 ADOPTION OF REVISED DEFERRED COMPENSATION PLAN Mr. Baxter recommended that Council adopt the revised Deferred Compensation Plan as submitted and authorize the City Administrator to sign on behalf of the City. D-6 CHAMBER OF COMMERCE EXPENDITURE REPORT FOR JANUARY 1983 Mr. Baxter recommended that Council approve the Chamber of Commerce Expenditure Report for January, 1983, in the amount of $1,056.43. 21 MORRO BAY CITY COUNCIL Regular Meeting Page Seventeen D-7 REPORT REQUESTING CITY COUNCIL TO AUTHORIZE CITY ADMINISTRATOR TO SIGN AGREEMENT WITH AREA COUNCIL OF GOVERNMENTS FOR CITY TO RECEIVE FUNDS FOR PREPARING A 5- YEAR TRANSPORTATION DEVELOPMENT PLAN Mr. Baxter recommended that Council approve the Resolution submitted authorizing the City Administrator's regarding preparation of the TDP documents. D-8 AUTHORIZATION TO FRANCHISE BOARD Mr. Baxter recommended that to fill the vacancy created the City of Morro Bay. D-9 REQUEST FOR APPROVAL OF (SEA HARBOR VILLAS) recommended that Council refer this correspondence to as signature ADVERTISE TO FILL VACANCY ON REFUSE Mr. Baxter staff. Council authorize the advertisement by the departure of Mrs. Lipe from ONE-YEAR TIME EXTENSION ON TRACT 951 Mr. Baxter noted that for item D-3, a signature block should be included in the agreement, as well as a few other minor clerical changes. Councilmember Lemons requested that item D-9 be pulled from the Consent Calendar. Councilmember Lemons inquired as to the final expiration date of this final map as well as the legal requirements for approval. Mr. Crump stated that the map would Council meeting, and there would not before the Planning Commission. There was additional discussion on this Councilmember Lemons asked for regarding the City's mooring policy. Mr. Jim Funk responded by stating that the agreement would protect the City and alert the new buyer of exactly where he stands. Council requested that item D-8 be pulled from the Consent Calendar. Mayor Shelton asked if the matter should be readvertised or if there were applications on file to refer to. expire before the next be time to schedule it item. clarification of item D-3, 22 MORRO BAY CITY COUNCIL Regular Meeting - February 14, 1983 Page Eighteen MOTION: Councilmember Risley moved that items D-1 through D-7 on the Consent Calendar be approved as submitted. The motion was seconded by Councilmember Lemons and carried by the following roll call vote: AYES: Risley, Lemons, Anderson, Zeuschner, Shelton NOES: None ABSENT:None MOTION: Councilmember Lemons moved that Council direct staff t o ask Mr. Ron Myers to finish out the term of Mrs. L ipe, and if he declines to authorize staff to advertise for the vacancy. The motion was seconded by Councilmember Anderson and carried by the following roll call vote: AYES: Lemons, Anderson, Zeuschner, Shelton N OES: Risley ABSENT: None MOTION: Councilmember Zeuschner moved that item D-9, Request for approval of a one-year time extension for Tract 951, be pulled from the agenda and brought back to a Special Meeting if necessary to meet the filing deadline, or to the regular meeting of Februry 28th. The motion was seconded by Mayor Shelton and carried unanimously. (5-0) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL Mayor Shelton stated that he had received correspondence from Supervisor Bill Coy asking the City's cooperation in working to resolve the problem of Twin Bridges and Mayor Shelton asked for Council concurrance in directing staff to pursue this matter. Council concurred on this item, and directed staff to contact Supervisor Coy. Mayor Shelton also noted that an alternate to the San Luis Obispo County City Area Council of Governments needed to be appointed. Mayor Shelton suggested that Councilmember Lemons be appointed to serve as alternate. Council concurred on this appointment. Mayor Shelton stated that he had arranged a meeting with Mr. Richard Carter regarding offshore Lease Sale No. 73, and suggested that if other Councilmembers wished to attend, that 23 MORRO BAY CITY COUJNCIL Regular Meeting - February 14, 1983 Page Nineteen this evenings meeting be adjourned to that meeting, to be held Friday, February 25, 1983, at 2:30 p.m. Council agreed that adjournment should be to that time and place. Councilmember Risley informed Council that he had received a letter from the Economic Opportunity Commission asking for nominations for Volunteer of 1983, and Service Organization of 1983. MOTION: Councilmember Risley moved that Council nominate Mr. Bob DeSomer as Volunteer of 1983, and Salvation Army as Service Organization of 1983. The motion was seconded by Mayor Shelton and carried unanimously. (5-0) Councilmember Risley requested that a report of the attendance record for all Council appointed Boards and Commissions be prepared and brought back to Council. E-2 CITY ATTORNEY Mr. LeSage stated that he would request a Closed Session to discuss litigation matters regarding Graham's Landing, the Mitchell/Cabrillo lawsuit, and the Molter lawsuit. E-3 CITY ADMINISTRATOR Mr. Baxter stated that he would request Council select two members from among themselves to serve on the Council appointed appeal committee for the appeal of Officer John Nist. Councilmembers Anderson and Zeuschner this committee. Councilmember Lemons moved that the meeting be adjourned to Closed Session, and from their adjourned to February 25, 1983, at 2:30 p.m. in the City Hall Conference Room. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) The meeting was adjourned to Closed Session at 12:35 a.m. The meeting was reconvened to open session at 12:49 a.m. No action was taken during the Closed Session. MOTION: MOTION: were selected to serve on Mayor Shelton moved that the meeting be adjourned to Friday, February 25, at 2:30 p.m. in the City Hall Conference Room. The motion was seconded by 24 MORRO BAY CITY COUNCIL Regular Meeting - February 14, 1983 Page Twenty Councilmember Zeuschner and carried unanimously. (5-0) The meeting was adjourned at 12:50 a em o RESPECTFULLY SUBMITTED, PEGGHANAN DEPUTY CITY CLERK