HomeMy WebLinkAboutCC_1983-04-25 Regular Meeting MinutesMORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 25,1983
RECREATION HALL - 7:30 P.M.
ROLL CALL
PLEDGE OF ALLEGIANCE - HORACE STRONG
INVOCATION - TOM DILLARD, ESTERO BAY UNITED METHODIST CHURCH
A. PUBLIC HEARINGS, REPORT & APPEARANCES
A-1 Request by Citizens for an Effective Emergency Plan for a re-evaluation
o f the SLO County Emergency Plan
A-2 Consideration of Case No. CUP 09-83, request to install chess tables at
Giant Chess Board on shuffleboard courts, 800 Embarcadero
A-3 Consideration of Case No. CUP (amendment) James Maul applicant. Request
to amend existing use permit to allow for expansion of existing restaurant
for property located at 571 Embarcadero (Lease Site 65 and 66)
A-4 Consideration of Case No. ZOA 02-83, an amendment to the Zoning Ordinance
concerning regulation of Electronic Amusement & Pinball Arcades
B. UNFINISHED BUSINESS
B-1 Consideration of EIR for CMC Expansion
B-2 Designation of future site for Morro Bay Library
B-3 Award of Bid for WWTP Construction Improvements
B-4 Presentation of Ad -Hoc Golf Course Advisory Board recommendations
B-5 Correspondence from Assemblyman Robinson, regarding legislation AB766
✓ elating to cable television
C. NEW BUSINESS
C-1 Presentation by Supervisor Bill Coy regarding Twin Bridges
C-2 Report regarding Yield Signs on Marina and Driftwood at Shasta
C-3 Authorization to purchase 2 additional xerox terminals
D. CONSENT CALENDAR
D-1 City Council minutes of regular meeting of April 11 and adjourned meeting
o f April 11, 1983
D-2 Proclamation of Neighborhood Watch Month
D-3 Resolution to increase fines and set penalties for violation of the
traffic and vehicle ordinance
D-4 Report and recommendations regarding Award of Bid for Garden Tractor
D-5 Proclamation for Fire Service Day
D-6 Authorization to proceed with Weed Abatement
D-7 Engagement of Underwriters for Grant Anticipation notes
D-8 Resolution appointing Nick Nichols as City Engineer
D-9 Resolution appointing Nick Nichols as Project Manager and Grantee
Reviewer Lor EPA .Clean Water Grant
D-10 Appointment of Nick Nichols as SLO County Water Advisory Board alternate
D-11 Annual Ratification of Joint Powers Agreement for SLO Cities and
Counties Area Council of. Governments
E, INDIUIDUALDETERMINATION AND/OR ACTION
E-1 CITY COUNCIL
E-2 •CITY ATTORNEY
E-3 CITY ADMINISTRATOR
MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 25, 1983
RECREATION HALL - 7:30 P.M.
1211_—__
AGENDANO.
ActionDate.a..
Mayor Shelton called the meeting to order at 7:30 p.m.
ROLL CALL
PRESENT: Eugene Ro Shelton
Rodger J o Anderson
John Lemons
Bruce Risley
Bud Zeuschner
STAFF:
Paul Baxter.
Mike LeSage
Murrel Crump
Dave Howell
Gary Napper
Nick Nichols
Gere Sibbach
S teve Wolter
Bernie Zerr
P eggy Buchanan
Mr. Horace Strong provided
Allegiance
the
Mayor
Co unc i lmembe r
Co unc i lmembe r
Co unc i lmembe r
Counc i ].Inemberer
City Administrator
City Attorney
Community Development Dir.
P olice Chief
Asst. to City Administrator
P ublic Works Director
Finance Director
Recreation Director
Fire Chief
Deputy City Clerk
invocation and Pledge of
Mr. Baxter introduced Mr. Nick Nichols
Director for the City of Morro Bay.
as the new Public forks
A a PUBLIC HEARINGS, REPORTS AND APPEARANCES
A REQUEST BY "CITIZENS FOR AN EFFECTIVE EMERGENCY PLAN" FOR A
RE-EVALUATION OF THE SLO COUNTY EMERGENCY PLAN
Mro Baxter informed Council that a letter had been received from
Pamela Joan Williams requesting that Council hold a public
hearing to re --evaluate the County Emergency Plan. Mr. Baxter
noted that this was a noticed Public Hearing.
Ms. Effie McDermott, representative from the Citizens for an
Effective Emergency Plan, presented information regarding the
Emergency Plan, and stated that it was not a viable, workable
plan, and that she would urge the Council to request that the
County Board of Supervisors recind the plan. Ms. McDermott noted
areas of plan that needed additional revision, including the
evacuation plan, the lack of protection or fallout shelters
addressed, the lack of actual practice or drilling regarding the
plan, and other areas that were not addressed. She urged Council
to go on record as stating that the Emergency Response Plan does
not provide protection to the public.
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MORRO BAY CITY COUNCIL
Regular Meeting - April 25, 1983
P age Two
Debbie Jeter, also a spokesperson for the citizens group, listed
areas of deficiences within the emergency plan, including the
evacuation plan for school children, the length of time it would
t ake to implement an evacuation, the inadequacies of the
t elephone system, and the fact that the plan does not address
areas such as evacuation of the handicapped, elderly, or carless.
S he requested that the Council request the Board of Supervisors
t o recind the County Emergency Response Plan, and noted that
other communities such as Los Osos and Baywood had adopted
Resolutions requesting this same action.
Councilmember Risley asked through what agencies these
Resolutions had been adopted.
Jerry Belair noted that the South Bay Community Council had
adopted a Resolution requesting that the plan be recinded.
Mr. Toby Buffalo, spokesperson for the Citizens for an Effective
Emergency Plan, stated that the County plan was totally
inadequate and should be recinded. He noted that there are only
1/4 the number of buses called for in the plan that would be
available in the event of an evacuation, and felt that many of
t he bus drivers and emergency personnel would not respond in an
emergency of this type, and would be more concerned for their own
families. Mr. Buffalo stated that fallout shelters should be
provided, as a typical residence only provides 10% protection for
a very limited time period. Mr. Buffalo felt that the plan was
drawn up and approved regardless of whether or not it would
actually work.
Mr. Richard Kranzdorff, representing staff at Cal Poly, felt that
t here were many problems inherent in the plan, and compared the
County's plan to the emergency plan recently approved by Cal Poly
as being incomplete, and inadequate. Mr. Kransdorff noted the
n otification problems during the recent full -drill, and the
✓ ecent road blockages during winter storms, and felt that these
w ere two areas not addressed in the County plan.
S teven Cie stated that he objected to the approval by the Board
o f Supervisor of the County plan, and would support an effort to
✓ ecind the plan. Mr. Cie related recent events regarding the
adoption of the Cal Poly emergency plan, and felt that neither
w ere realistic.
Mayor Shelton officially opened the public hearing.
Kent Maul, an employee at Morro Bay High School, stated that the
students had been prevented from staging an evacuation practice,
and felt that the kids were very worried in the event of such a
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MORRO BAY CITY COUNCIL
Regular Meeting - April 25, 1983
t age Three
disaster, because most did not know what to do. He felt that
more thought and regard for the community should be used in the
planning of this emergency response plan.
Carol Tingle, a member of the SLO Coastal Unifed School District
Evacuation Committee, informed Council that this committee had
been meeting to discuss certain faults in the plan regarding the
e vacuation of students, the availability and location of buses,
t he issue of sheltering, and lag -time before notification. Ms.
Tingle stated that a consultant was currently performing an
analysis of the safety of school facilities as shelters, and
t his information would be passed on to the city if interested.
Mr. Richards, employed by P.G. & E. felt that the plan had been
prepared by experts and reviewed by both federal and state
agencies and was a valuable asset and benefit to the citizens.
M'May Diffley stated that although the City was very proud of the
Harbor and Fire personnel during the recent Harbor rescue, there
were inadequacies in the Council Emergency Plan. She noted that
even precluding any other natural disasters, and assuming
e veryone knows what procedures to follow for evacuation, most
people would not have the time to do what the plans instructs
✓ egarding evacuation procedures. She felt that a better plan
must be developed, and urged Council to express this desire to
t he County Board of Supervisors.
Toby Buffalo felt that there were no "experts" in emergency
planning, and that this plan's failure was inevitable. Mr.
Buffalo stated that the community needs to look at the history of
t he Diablo nuclear power plant and to not approve a plan that is
just a framework.
MOTION:
Councilmember Zeuschner moved that the Council close
the Public Hearing. The motion was seconded by
Councilmember Risley and carried unanimously. (5-0)
Mayor Shelton asked staff's position on the plan.
Chief Zerr stated that almost three years had been spent in
development of the emergency plan, and a great deal of effort as
well.
Mayor Shelton noted that the Emergency Response Plan for the
Harbor had functioned very well.
Chief Zerr stated that there had been a full field exercise of
t he County plan in October, and that involved police, fire, Bial-
a -ride, and schools, and this exercise had been critiqued by the
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MORRO BAY CITY COUNCIL
Regular Meeting - April 25, 1983
Page Four
Federal Emergency Management Agency as being an excellent
e xercise.
Councilmember Risley asked if the plan, which was adopted in
1981, had been revised since this time.
Chief Zerr noted that as a "living" document, it was constantly
being revised and an annual revision was mandatory.
Mayor Shelton asked if there would be an impact on Morro Bay's
Standard Operating Procedures if the County Plan were to be
✓ ecinded.
Chief Zerr did not feel that the plan should be recinded in its
e ntirety, as a "back to the drawing board' effort would take
hundreds of hours. The Chief noted that revision and
modification could accomplish the same goal.
There was general discussion regarding the Council plan, and
possible revision methods and areas of weakness.
Councilmember Anderson felt that given the number of people with
grave concerns about this issue, and their dissatisfaction with
the County plan, perhaps the plan should be revised or recinded.
Chief Zerr noted that the plan is constantly being reviewed for
areas to be improved upon.
Councilmember Lemons noted that during previous public hearings
o n this subject, no testimony had been given for or against
modification of the plan.
Councilmember Zeuschner was concerned over several areas of the
plan, including the proposed method for evacuation of school
children, and the reliance on mutual aid. Councilmember
Zeuschner also noted that the plan gives the public a false sense
o f hope and security and felt that revisions should be made to
u pgrade the plan.
MOTION:
Councilmember Risley moved that the Council
respectfully request the County Board of
Supervisors to recind, re-evaluate and revise the
San Luis Obispo County Emergency Response Plan.
The motion was seconded by Councilmember Zeuschner.
Councilmember Risley stated that he had included the word recind
in order to provide strong language to show the County the need
for action on this matter.
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MORRO BAY CITY COUNCIL
Regular Meeting - April 25, 1983
Page Five
Councilmember Zeuschner asked if Councilmember Risley would
consider revising his motion to state " ... rework, revise and if
necessary recind...".
Councilmember Risley agreed to amend his motion as noted above.
MOTION:
Councilmember Risley moved that the Council
✓ espectfully request the County Board of
Supervisors to rework, revise and if necessary,
✓ ecind the San Luis Obispo County Emergency
Response Plan. The amended motion was seconded by
Councilmember Zeuschner and carried by the
following roll call vote:
AYES: Risley, Zeuschner, Anderson, Lemons, Shelton
NOES: None
ABSENT: None
Councilmember Lemons was concerned that the state and federal
agencies had already given their approval to the Plan, and this
approval would supercede County approval.
Mayor Shelton thanked the audience for their testimony and felt
that this action would show Morro Bay's concern for certain basic
elements of the plan and their inadequacies.
Council recessed briefly at 9:07 p.m. and reconvened at 9:20 p.m.
A-2 CONSIDERATION OF CASE NO. CUP 09-83, REQUEST TO INSTALL
CHESS TABLES AT GIANT CHESS BOARD ON SHUFFLEBOARD COURTS,
800 EMBARCADERO
Mr. Baxter reviewed the staff report and informed Council that
t he Morro Bay Chess Club had requested permission to place
several chess tables on the shuffleboard courts and this request
was approved by the Recreation Commission. Mr. Baxter stated
t hat this matter had been reveewed and approved subject to
conditions by the Planning Commission and was now before Council
for their approval.
Mayor Shelton opened the hearing for public comment.
There were no questions or comments from the audience.
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MORRO BAY CITY COUNCIL
Regular Meeting - April 25, 1983
Page Six
MOTION: Councilmember Risley moved that the Public Hearing be
closed. The motion was seconded by Councilmember
Zeuschner and carried unanimously. (5-0)
MOTION: Councilmember Lemons moved that the Council approve
CUP 09-83, to install chess tables at the giant chess
board on the shuffleboard courts, subject to the
conditions of the Planning Commission, and adopt the
Resolution granting approval, as submitted. 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
A-3 CONSIDERATION OF CASE NO. CUP 06-83 (AMENDMENT) JAMES MAUL,
APPLICANT. REQUEST TO AMEND EXISTING USE PERMIT TO ALLOW
FOR EXPANSION OF EXISTING RESTAURANT FOR PROPERTY LOCATED AT
571 EMBARCADERO
Mr. Crump reviewed the staff report regarding this request for
amendment to a use permit. Mr. Crump noted that this amendment
would allow a change in use for a portion of an existing
commercial building from specialty retail to additional
✓ estaurant space. Mr. Crump stated that the Planning Commisison
had recommended approval of the amendment subject to conditions.
Mr. James Maul stated that this additional restaurant space would
be to allow a separate, "coffee -shop" type restaurant operated
o ut of the existing kitchen facilities by the operators of the
Hofbrau. Mr. Maul noted that two conditions of the Planning
Commission had been to secure one (1) parking space, which had
been accomplished, and to provide for additional necessary water
e quivalencies. Mr. Maul stated that he had installed water
saving devices, and as no additional water was being used in this
n ew area, he felt he had complied with this condition also.
Mayor Shelton 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)
Council briefly discussed this proposed project, and the
conditions as explained by the applicant.
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MORRO BAY CITY COUNCIL
Regular Meeting - April 25, 1983
Page Seven
Councilmember Risley questioned the history of rental payments
for this Lease Site.
Mr. Baxter stated that rental payments had been made regularly.
MOTION:
Councilmember Zeuschner moved that the City Council
approve the amendment to CUP 06-83 with conditions
and adopt the Resolution granting approval as
submitted. The motion was seconded Councilmember
Risley and carried by the following roll call vote:
AYES: Zeuschner, Risley, Lemons, Shelton
NOES: None
ABSENT: None
ABSTAIN:Anderson
A-4 CONSIDERATION OF CASE NO. ZOA 02-83, AN AMENDMENT TO THE
ZONING ORDINANCE CONCERNING REGULATION OF ELECTRONIC
AMUSEMENT & PINBALL ARCADES
Mr. Crump stated that at the direction of the Council, the
P lanning Comission had developed a draft Ordinance to amend the
Zoning Ordinance regarding the regulation of amusement arcades.
Mr. Crump noted that the Recreation Commission had considered
t his matter, and provided recommendations to the Planning
Commission for their review. The draft ordinance, as submitted,
attempts to address the concerns of both the Recreation
Commission and the Planning Commission.
Mr. Crump informed Council that the Recreation Commission had
identified a need for locational criteria for arcades, and
suggested that Council provide policy direction in this matter.
Mayor Shelton opened the Public Hearing.
Mr. Ray Kaltenbach spoke in opposition to arcades and noted that
t hey were of no benefit to the City.
Mr. Bob Schinowa felt that the draft ordinance contained too much
governmental control over a private business, and objected to the
requirements regarding supervision, restriction of business
hours, and the space requirements per machine.
Mayor Shelton asked Mr. Schinowa if he had encountered any
particular problems in operating his arcade business in Los Osos.
Mr. Schinowa stated that he was responsible in the operation of
h is business and had no problems with the customers or other
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MORRO BAY CITY COUNCIL
Regular Meeting - April 25, 1983
Page Eight
n eighboring businesses in the area. Mr. Schinowa noted that no
o ther businesses are so restricted as to not allowing school age
children in the business during school hours or after 10:00 p.m.
as proposed.
Councilmember Anderson felt that although arcades had been given
a poor reputation through a few bad experiences, there were still
certain controls and restrictions that should remain in place.
Mr. Don Pierce felt that he would rather have his children in an
arcade, than running all over town to use the machines scattered
in other businesses.
L ila Keiser was in favor of the arcade ordinance, as it would
provide an activity for the children in Morro Bay, and a place to
be with their friends.
Steve Wolter stated that in December of 1982, the Recreation
Commission had held a public hearing at the High School, and the
✓ eaction of many of the students there was in favor of arcades,
as long as they were well supervised and controlled.
Dorotha Deutsch noted Morro Bay's past bad experience with
arcades, and felt that unless an adequate amount of supervisor is
provided, problems would still exist.
Don Pierce, (applicant), felt that some of the locational
✓ estrictions should be removed, as it was difficult to find a
suitable location in Morro Bay. Mr. Pierce also felt that the
Council could regulate arcades by approving all operators and
o wners of the arcades. Mr. Pierce also objected to the space
✓ equirements for each machine.
MOTION: Councilmember Zeuschner moved that the Public Hearing
be closed. The motion was seconded by Councilmember
Lemons and carried unanimously. (5-0)
Mayor Shelton noted that in speaking to businesses surrounding
arcades in other areas, he was given a good recommendation and
d id not feel there were many problems being encountered. Mayor
S helton felt that the City should have some control over the
license approval process.
Councilmember Risley felt that the documents had been prepared
with thoroughness and that he would be willing to approve the
draft with the safeguards as stated. Councilmember Risley felt
t hat the locational information should have been provided by
staff.
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MORRO BAY CITY COUNCIL
Regular Meeting - April 25, 1983
Page Nine
Mr. LeSage stated that he had reviewed the draft ordinance, and
had some minor concerns regarding the standards for permit
issuance, however these minor changes could be made at a later
date.
Councilmember Zeuschner had several questions and amendments
regarding the Exhibits to the draft ordinance and discussed these
with Council and the City Attorney.
MOTION: Councilmember Zeuschner moved that the Council
amend the draft ordinance as follows:
Exhibit A, B.1. amend to read:
1. That in general, no arcade site be located
close to a school facility, a park playground, a
liquor store or bar, and in general located away
from residential use zones or places of religious
worship.
Exhibit A, B.2. delete.
Exhibit C, C.4. amend to read:
4. All supervisors or managers of arcades shall be
at least (21) twenty-one years of age.
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
Gere Sibbach pointed out to Council that Exhibit C calls for an
annual review of business license renewals for arcades, which is
different from other businesses.
MOTION: Councilmember Lemons moved that the Ordinance be read
by title and number only. 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
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MORRO BAY CITY COUNCIL
Regular Meeting - April 25, 1983
Page Ten
Mr. Baxter read the Ordinance by title and number only.
Councilmember Lemons asked if the Ordinance could be adopted for
a first reading, and then amended prior to the second reading.
Mr. LeSage stated that it could not, it would have to be re -
noticed for Public Hearing for the first reading.
MOTION:
Councilmember Lemons moved that Council adopt the
Ordinance to amend the Zoning Ordinance regarding
regulation of amusement arcades, as first reading.
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
B. UNFINISHED BUSINESS
B-1 CONSIDERATION OF EIR FOR CMC EXPANSION
Mr. Baxter informed Council that this matter had been agendized
at the request of Council, and reviewed that correspondence had
been sent regarding the technical deficiencies of the EIR for the
CMC Expansion.
Councilmember Lemons asked what the deadline was for comments
✓ egarding the EIR.
Mr. Crump stated that although he did not have the exact date, it
would probably be too soon to hold a special meeting.
Councilmember Risley felt that the letter from the City was very
comprehensive and suggested that this might be all that would be
n ecessary.
Mayor Shelton suggested that perhaps a Resolution to this effect
would be in order.
Councilmember Zeuschner concurred with this and suggested that
Council direct staff to proceed with a Resolution.
Councilmember Lemons noted that the previous letter from staff
covered only the technical aspects of the EIR, and did not
address the water and sewer problems, the impacts on housing and
e mployment, and the actual release of the prisoners.
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MORRO BAY CITY COUCIL
Regular Meeting - April 25, 1983
Page Eleven
Council concurred that these items should be included.
MOTION:
Councilmember Zeuschner moved that Council direct
staff to take the substance of the previous letter
regarding the EIR for the CMC Expansion, and include
additional concerns as mentioned above regarding
water and sewer problems, impacts on housing and
employment, and release of prisoners, and draft a
Resolution to send to the State. The motion was
seconded by Coucilmember Anderson and carried by a
unanimous vote. (5-0)
B-2 DESIGNATION OF FUTURE SITE FOR MORRO BAY LIBRARY
Mr. Baxter stated that at a Study Session held April 18th,
discussion had been held regarding the possibility of designating
an alternative site for the Morro Bay Library. It was generally
agreed at that time, that the NE corner of Harbor and Shasta
Streets would be a satisfactory designation to all concerned.
Mr. Baxter stated that a legal description would have to be
prepared to define the exact location and boundary, and this
would be developed after the site has been surveyed.
MOTION:
Councilmember Lemons moved that the Council approve
t he designation of the NE corner of Harbor and
S hasta Streets for the site of the Morro Bay
L ibrary, and that at an appropriate time a legal
d escription be brought back to Council for approval.
The motion was seconded by Councilmember Anderson
and carried by the following roll call vote:
AYES: Lemons, Anderson, Risley, Zeuschner, Shelton
N OES: None
ABSENT: None
B-3 AWARD OF BID FOR WWTP CONSTRUCTION IMPROVEMENTS
Mr. Nichols informed Council that although staff had intended to
✓ ecommend the award of bid to Council, a protest had been
✓ eceived from Fraser Construction Company, and the City must
✓ espond to this protest prior to award of bid. Mr. Nichols noted
that the City had received an extension of award time to July 29.
Mr. LeSage stated that the City should hold a protest hearing to
consider the protest from Fraser, and this hearing should be held
as quickly as possible, while still allowing adequate notice to
Fraser.
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MORRO BAY CITY COUNCIL
Regular Meeting - Aprii'25, 1983
Page Twelve
Mr. LeSage stated that the hearing would be to allow Fraser to
present facts to justify the protest to the City Council and the
Cayucos Sanitary Board.
Council concurred that a Special Protest Hearing would be set for
Monday, May 2, 1983, at 6:00 p.m., in the City Hall Conference
Room.
Mr. LeSage stated that notice to Fraser should go out immediately
via telegram.
B-4 PRESENTATION OF AD -HOC GOLF COURSE ADVISORY BOARD
RECOMMENDATIONS
Mr. John Evans, Chairman of the Ad -Hoc Golf Course Advisory
Committee gave a brief presentation to Council regarding the
development of the Golf Course Management Plan, and stated that
broad, general policies had been developed, patterned after the
County's Plan. Mr. Evans noted that one goal that was kept in
mind during this development was that the course should be
available to all golfers.
Mayor Shelton suggested that the members of the committee be
introduced and commended for their fine work.
Mr. Evans then introduced the members present.
Councilmember Risley stated that he had several questions
regarding the question of supervision of the Course, and the
committee s relationship with the Council.
Mr. Evans stated that the Committee would work through the
Recreation Department with Council.
Councilmember Lemons felt it was an excellent job, and incumbent
upon the Council to forward the report to the State, with any
minor changes to be made later.
Councilmember Risley questioned the matter of the
concessionnaire, and whether the current operator would be
continued.
Mr. Evans stated that it was the idea of the Committee that this
would be the case, however, those areas of the Plan would be
detailed later.
MOTION:
Councilmember Zeuschner moved that the City Council
direct staff to forward the Plan as presented to the
State Department of Parks and Recreation; and to
thank the members of the Ad -Hoc Committee for their
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MORRO BAY CITY COUNCIL.
Regular Meeting - Aprii 25, 1983
Page Thirteen
e fforts and request that they remain on call; and
that a report be returned as soon as possible
✓ egarding necessary modifications to the plan. 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 Risley felt that the Plan should also be forwarded
to Carol Hallett.
B-5 CORRESPONDENCE FROM ASSEMBLYMAN ROBINSON, REGARDING
LEGISLATION AB766 RELATING TO CABLE TELEVISION
Mr. Baxter stated that this matter had been continued from the
previous meeting to allow staff the opportunity to further
investigate the provisions of this legislation. Mr. Baxter noted
that the legislation would pose no problem to local authorities
and would standardize the industry in a trend that new cable
systems are establishing; is non -binding mediation; and provides
for an avenue for the cable subscriber to seek relief.
MOTION:
Councilmember Lemons moved that the Council go on
record to support AB766. The motion was seconded by
Councilmember Anderson and carried unanimously.
Councilmember Risley asked if additional information could be
gathered regarding a national television bill, sponsored by
Senator Goldwater.
Mr. Baxter stated that information would be provided at a later
meeting.
C. NEW BUSINESS
C-1 PRESENTATION BY SUPERVISOR BILL COY REGARDING TWIN BRIDGES
Supervisor Bill Coy gave a brief presentation to Council
regarding the need for improvements to the Twin Bridges.
S upervisor Coy noted that the bridges were outdated and traffic
h as been steadily increasing and was approaching the level where
it might be dangerous. Supervisor Coy felt that the solution
would be to widen the two lanes with other reconstruction to the
bridge itself, to allow for a safer passage, with less chance of
flooding. He urged Council to participate in this project, and
noted that if grant funding could be secured, the City's cost
would not be prohibitive.
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MORRO BAY CITY COUNCIL
Regular Meeting - April 25, 1983
Page Fourteen
Council discussed with Supervisor Coy, various aspects of grant
funding for this proposed project and possibility of.inclusion in
this year's budget preparation.
MOTION:
Councilmember Zeuschner moved that Council direct
staff to initiate a grant proposal for consideration
during this year's budget considerations for the
proposed project of reconstruction of the Twin
Bridges. The motion was seconded by Councilmember
Anderson and carried unanimously. (5-0)
C-2 REPORT REGARDING YIELD SIGNS ON MARINA AND DRIFTWOOD AT
SHASTA
Mr. Baxter stated that a staff report had been developed
regarding the request to place yield signs at two intersections
in Morro Bay. Mr. Baxter recommended that Council adopt the
Resolution which would authorize placement of Yield signs at the
intersection of Marina and Shasta, and Driftwood and Shasta.
MOTION: Councilmember Lemons moved that Council adopt the
Resolution authorizing placement of Yield signs at
designated intersections. The motion was seconded by
Councilmember Anderson and carried unanimously. (5-0)
C-3 AUTHORIZATION TO PURCHASE 2 ADDITIONAL XEROX TERMINALS
Mr. Baxter informed Council that staff was requesting
authorization to purchase two additional xerox terminals to
integrate into the Xerox computer network. Mr. Baxter noted that
if purchased within 30 days, a $1,000 per machine savings would
be realized over the normal purchase price.
MOTION:
Councilmember Zeuschner moved that Council authorize
t he purchase of two additional xerox terminals as
requested, and authorize the transfer of $16,000
from account 01-833-310 to 01-972-000. The motion
was seconded by Councilmember Lemons and carried by
t he following roll call vote:
AYES: Zeuschner, Lemons, Anderson, Risley, Shelton
N OES: None
ABSENT: None
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MORRO BAY CITY COUNCIL
Regular Meeting - April 25, 1983
Page Fifteen
D. CONSENT CALENDAR
D-1 CITY COUNCIL MINUTES OF REGULAR MEETING APRIL .11 AND
ADJOURNED MEETING OF APRIL 11, 1983
Mr. Baxter recommended approval of the minutes as prepared by the
Deputy City Clerk.
D-2 PROCLAMATION OF NEIGHBORHOOD WATCII MONTH
Mr. Baxter recommended that Council authorize the Mayor to
proclaim May as Neighborhood Watch Month.
D-3 RESOLUTION TO INCREASE FINES AND SET PENALTIES FOR VIOLATION
OF THE TRAFFIC AND VEHICLE ORDINANCE
Mr. Baxter recommended that Council adopt the Resolution to
increase fines and set penalties for violations of the Traffic
and Vehicle Ordinance.
D-4 REPORT AND RECOMMENDATION REGARDING AWARD OF BID FOR GARDEN
TRACTOR
Mr. Baxter recommended that Council approve the Resolution
awarding the bid for the garden tractor to Cal -Coast Machinery in
the amount of $4,542.69.
D-5 PROCLAMATION FOR FIRE SERVICE DAY
Mr. Baxter recommended that Council authorize the Mayor to
proclaim May 7, 1983, as Fire Service Day.
D-6 AUTHORIZATION TO PROCEED WITH WEED ABATEMENT
Mr. Baxter recommended that Council adopt the Resoslution
authorizing staff to proceed with this year s annual weed
abatement program, and setting a public hearing date for May 23,
1983, pursuant to that program.
D-7 ENGAGEMENT OF UNDERWRITERS FOR GRANT ANTICIPATION NOTES
Mr. Baxter recommended that the Mayor and Clerk be authorized to
sign an agreement with E.F. Hutton for underwriting Grant
Anticipation Notes for the WWTP Construction.
D-8 RESOLUTION APPOINTING NICK NICHOLS AS CITY ENGINEER
Mr. Baxter recommended that the Resolution appointing Nick
Nichols as City Engineer be approved as submitted.
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MORRO BAY CITY COUNCIL'
Regular Meeting - April 25, 1983
Page Sixteen
D-9 RESOLUTION APPOINTING NICK NICHOLS AS PROJECT MANAGER AND
GRANTEE REVIEWER FOR EPA CLEAN WATER GRANT
Mr. Baxter recommended that Council adopt the Resolution
appointing Nick Nichols as Project Manager and Grantee Reviewer
for the Wastewater Treatment Plant EPA Clean Water Grant.
D-10 APPOINTMENT OF NICK NICHOLS AS SLO COUNTY WATER ADVISORY
BOARD ALTERNATE
Mr. Baxter recommended that Council appoint Nick Nichols as the
SLO County Water Advisory Board alternate.
D-11 ANNUAL RATIFICATION OF JOINT POWERS AGREEMENT FOR THE SLO
CITIES AND COUNTIES AREA PLANNING AND COORDINATING COUNCIL
Mr. Baxter recomended that the Council ratify the Joint Powers
Agreement for the SLO Counties and Cities Area Planning and
Coordinating Council.
Councilmember Risley asked that the minutes for the April 11,
1983, regular meeting, be held until the next meeting to allow
futher review.
MOTION:
Councilmember Risley moved that the Council approve
the Consent Calendar as amended. 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
E. INDIVIDUAL DETERMINATION AND/OR ACTION
E-1 CITY COUNCIL
Councilmember Risley asked that staff investigate the federal
legislation proposed regarding television services.
Councilmember Lemons stated that he had received a letter
requesting Council to designate a site for a memorial to be
placed in memory of Skinner Pierce.
Steve Wolter stated that the Recreation Commission can agendize
this matter for consideration at their next meeting.
16
MORRO BAY CITY COUNCIL:
Regular Meeting - April 25, 1983
Page Seventeen
Councilmember Risley suggested that the Council reconsider the
Moltzer decision at the joint meeting of the Harbor Advisory
Board and the City Council on May 12th.
Council briefly discussed this decision with Mr. LeSage.
MOTION:
Councilmember Lemons moved that this matter be set
for the joint meeting of the Harbor Advisory Board
and the City Council on May 12, 1983, at 5:00 p.m.
The motion was seconded by Councilmember Risley and
carried unanimously. (5-0)
E-2 CITY ATTORNEY
Mr. LeSage requested a Closed Session to discuss the Cabrillo
litigation, the Water line bids, and the Graham's Landing
litigation.
MOTION:
Councilmember Lemons moved that the meeting be
adjourned to Closed Session. The motion was
seconded by Councilmember Anderson and carried by a
unanimous vote. (5-0)
The meeting was adjourned to closed session at 12:05 a.m.
The Mayor reconvened the Council in an open session at 12:22 a.m.
MOTION:
Mayor Shelton moved that the meeting be adjourned to
Monday, May 2, 1983, at 6:00 p.m. with the Cayucos
Sanitary District for the purpose of hearing an
appeal to the WWTP bid by Kenneth Fraser Co. The
motion was seconded by Councilmember Lemons, and
carried by a unanimous vote. (5-0)
The meeting was adjourned at 12:24 a.m.
RESPECTFULLY SUBMITTED,
PEGGY XJC$ANAN
DEPUTY CITY CLERK
17