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HomeMy WebLinkAboutCC_1983-10-10 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1983 RECREATION HALL - 7:30 P.M (5:00 P.M. Closed Session, City Hall Conference Room - Nist Appeal) ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS: Presentation of Resolutions of Welcome to AFS Students Presentation of Commendation to Gere Sibbach A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 CONSIDERATION OF ORDINANCE TO ADOPT THE 1982 UNIFORM BUILDING CODE A-2 REPORT AND PUBLIC HEARING REGARDING ADDITION TO TITLE XII OF MUNICIPAL CODE REQUIRING SEWER BACKFLOW VALVES B. UNFINISHED BUSINESS B-1 RESOLUTION REJECTING OFFER OF DEDICATION ON PARCEL MAP MB 79-278 (cont. from 9/26) B-2 ORDINANCE AMENDING SECTION 2.09 OF THE MORRO BAY MUNICIPAL CODE CHANGING THE DATE OF THE MUNICIPAL ELECTION (2nd reading) B-3 ORDINANCE AMENDING THE CONTRACT BETWEEN THE CITY AND THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (2nd reading) B-4 ORDINANCE REVISING THE PARKLAND DEDICATION ORDINANCE (2nd reading) B-5 FOLLOW-UP REPORT ON GRAHAM'S LANDING C. NEW BUSINESS C-1 NUISANCE ABATEMENT FOR DOCK AND APPURTENANCE AT 601 EMBARCADERO (LEASE SITES 71, 72, 71W AND 72W, DALE AND KATHERINE MITCHELL, LESSEES) C-2 CONSIDERATION OF PARK AND RECREATION COMMISSION RECOMMENDATION TO RENAME DUNE ST PARK C-3 CONSIDERATION OF APPROVAL OF SUBLEASE TO GOLD NUGGET SEAFOODS (MYERS , SITE 78-81W) D. CONSENT CALENDAR D-1 City Council minutes of regular meeting of 9/26, adjourned meetings of 9/26 and 9/29 D-2 Budget Amendment for Purchase of Ashurst Well Property D-3 Proclamation of November as "Veterans Unity Month - A Salute to Women Veterans" D-4 Time Limit on Free Anchorage Areas in Morro Bay D-5 Proclamation declaring October 9 - 15 as Fire Prevention Week in Morro Bay D-6 Appointment of City Treasurer D-7 Request for authorization to purchase scarifier for Lila Keiser Park D-8 Resolution Accepting Certain Property from Cayucos Sanitary District D-9 Proclamation of October 16 through 23 as Crippled Children's Week D-10 Proclamation of October 18 through 24 as National Business Women's Week E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ATTORNEY E-3 CITY ADMINISTRATOR MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1983 RECREATION HALL - 7:30 P.M. AG N ID) NO. , Ot--- 1 oate(%9Action Mayor Shelton called the meeting to order at 7:30 ROLL CALL P RESENT: ABSENT: S TAFF: Bud Zeuschner Rodger Anderson John Lemons Eugene R. Shelton Bruce Risley Paul Baxter Michael LeSage Murrell Crump Nick Nichols Gere Sibbach Peggy Buchanan Mayor Pro Tem Councilmember Co unc i lmelnbe r Mayor Co unc i lrnembe r m. City Administrator City Attorney Community Development Director Public Works Director Finance Director Deputy City Clerk Horace Strong led the Pledge of Allegiance, and Mayor Pro Zeuschner suggested a moment of silence for the Invocation. P RESENTATIONS Mayor Pro Tem Zeuschner presented two Resolutions of Welcome AFS students currently attending Morro Bay High School T e Ill to A Resolution of Commendation was also presented to Gere Sibbach, Finance Director, for his services to the City. A, PUBLIC HEARINGS, REPORTS & APPEARANCES 1 _..r= - __-� �+R- - ��-a-.ir _-•�_�__v_-�e_a- _ ae -+v .=a�-- A-1 CONSIDERATION pF ORDINANCE TO ADOPT THE 1982 UNIFORM.=-n---se_-v±- -' BUILDING CODE Mr. Baxter stated that this Ordinance would revise the Morro Bay Municipal Code to include the 1982 Uniform Building Code standards for Plumbing, Mechanical, Building and Housing. These codes are updated and revised every three years. Mr. Baxter noted that this was a Public Hearing Mayor Pro Tem Zeuschner opened the Public Hearing. There were no questions or comments regarding this Ordinance MOTION: Counc i lmember Anderson moved that the Public Hearing be closed. The motion was seconded by Counc i lmembe r Lemons and carried unanimously. (3-0 2) MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1983 PAGE TWO MOTION: Councilmember Anderson moved to read the Ordinance by title and number only. The motion was seconded by Councilmember Lemons and carried unanimously. (3-0-2) Mr. Baxter read the Ordinance by title and number only. MOTION: Councilmember Lemons moved that the Ordinance be adopted as a first reading. The motion was seconded by Councilmember Anderson and carried by the following roll call vote: AYES: Lemons, Anderson, Zeuschner NOES: None ABSENT: Risley, Shelton A-2 REPORT AND PUBLIC HEARING REGARDING ADDITION TO TITLE XII OF MUNICIPAL CODE REQUIRING SEWER BACKFLOW VALVES �a Nick Nichols reported to Council that claims from citizens submitted for damage from sewer backups and blockages had reached $15,000 since 1978-79. Mr. Nichols stated that this situation had prompted staff to draft the attached Ordinance which would ✓ equire that backflow valves be installed at those properties identified as "hot spots" and also require new development to install such devices. • Mr. Nichols reported that the probable cost to the homeowner w ould be $400-500 including installation. Mayor Pro Tem Zeuschner opened the Public Hearing. Ray Kaltenbach felt the Ordinance should be approved. MOTION: Councilmember Lemons moved that the Public Hearing be closed. The motion was seconded by Councilmember Anderson and carried unanimously. (3-0-2) Councilmember Lemons questioned whether the valves were really n ecessary at all the locations specified in the Ordinance, and felt that the Ordinance had the potential for requiring unneeded ✓ alves in probably hundreds of areas. Council discussed the frequency of sewage backups and the number o f claims reported. Councilmember Anderson also felt that the Ordinance was too e xtreme and should only affect those areas with histories of problems. 2 MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1983 P AGE THREE Mr. Baxter suggested that only areas with prior claims be required to have the devices installed. MOTION: Councilmember Lemons moved to continue the Public Hearing to October 24th, pending a revision of the Ordinance by staff. The motion was seconded by Councilmember Anderson and carried unanimously. (3- 0-2) B. UNFINISHED BUSINESS B-1 RESOLUTION REJECTING OFFER OF DEDICATION ON PARCEL MAP MB 79-278 .v._._.. Mr. Nichols explained that this matter had been continued to allow staff to further clarify the location of the parcel and the q uestion about irrevokable dedication. Mr. Nichols presented a map to Council to illustrate the location of the parcel, and noted that the offer of dedication was irrevokable. Mr. LeSage stated that there were documents to be submitted for t he offer of dedication. MOTION: Councilmember Lemons moved that the Resolution approving Parcel Map MB 79-278 but rejection the o ffer of dedication at this time, be approved as amended. The motion was seconded by Councilmember Anderson and carried by the following roll call ✓ ote: AYES: Lemons, Anderson, Zeuschner NOES: None ABSENT: Risley, Shelton B-2 ORDINANCE AMENDING SECTION 2.09 OF THE MORRO BAY MUNCIPAL CODE CHANGING THE DATE OF THE MUNICIPAL ELECTION (2ND READING) B-3 ORDINANCE AMENDING THE CONTRACT BETWEEN THE CITY AND THE CALIFORNIA PUBLIC EMPLOYEE'S RETIREMENT SYSTEM (2ND READING) B-4 ORDINANCE REVISING THE PARKLAND DEDICATION ORDINANCE (2ND READING) Mr. Baxter recommended that items B-2, B-3 and B-4 be approved for a final reading. Mr. Baxter stated that the Ordinances were to change the date for the municipal election; to amend the 3 MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1983 P AGE FOUR contract between the City and the P.E.R.S.; and to revise the P arkland Dedication Ordinance. MOTION: Councilmember Lemons moved that the Ordinances be ✓ ead by title and number only. The motion was seconded by Councilmember Anderson and carried u nanimously. (3-0-2) Mr. Baxter read the three ordinances by title and number MOTION: only. Councilmember Anderson moved that the Ordinances be approved as final readings. The motion was seconded by Councilmember Zeuschner and carried unanimously. (3-0-2) B-5 FOLLOW-UP REPORT ON GRAHAM'S LANDING Mr. Baxter stated that at Council's previous meeting, staff had been directed to bring back a report outlining the safety vs. code compliance improvements for Graham's Landing. Mr. Baxter noted that two areas had been found to be related to code compliance rather than safety: dock illumination and railings. Councilmember Lemons did not feel that the gangway railings should be termed as merely a code compliance measure, and felt t hat there was a real safety hazard present. Mr. LeSage stated that if it is known that a safety hazard exists and it is not corrected, then the city would face additional liability. Mayor Pro Tem Zeuschner suggested that the report be received for file. Council amended t hem as discussed the report further, and noted that it should be to delete the handrailing from this report, and include a safety problem to be corrected. MOTION: Councilmember Lemons moved that the report as amended be accepted (deleting the handrailing from this report, and adding them as a safety hazard to be corrected). The motion was seconded by Councilmember Zeuschner and carried by the following roll call: AYES: NOES: ABSENT: ABSTAIN: Lemons, None Risley, Shelton Anderson Zeuschner 4 MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1983 P AGE FIVE C. NEW BUSINESS C-1 NUISANCE ABATEMENT FOR DOCK AND APPURTENANCE AT 601 EMBARCADERO (LEASE SITES 71, 71W, 72, 72W - DALE AND KATHERINE MITCHELL) Mr. Crump stated that pursuant to the findings of the City Building Official, this matter has been set for a hearing before t he Council for determination of whether or not abatement of the structure at Lease Site 71, 71W, 72, and 72W should proceed. Mr. Crump provided Council with the background on this matter, and noted that the leaseholder had been notified in July of 1983 t hat the dock required repair. Mr. Crump stated that the dock w as posted as unsafe in September, and no permit had been issued t o date for repair of this dock. Mr. Crump informed Council that this hearing was to allow the leasee to present information as to why this abatement should not proceed. Mr. Rod Levine, architect representing the Mitchell's, presented some preliminary sketches to Council, regarding the Mitchell's plans for the dock area. Mr. Levine noted that there had been o ngoing attempts to contract the work out, and obtain bids. Councilmember Lemons asked how soon this work would begin. Mr. Levine noted that the plans were ready to be submitted to he City but Coastal approval would also be necessary. Mr. Crump agreed, and stated that a City use permit might also be n ecessary if a full replacement was done. Mr. Dale Mitchell stated that he had not been ignoring the problem, and had been reporting his progress to the building o fficial, but felt that 30 days was not sufficient time. Mayor Pro Tem Zeuschner felt that if certain immediate liability problems were corrected, such as the electrical wiring, then perhaps additional time could be granted. Mr. LeSage stated that the City should examine the amount of insurance the lessee has on this site. Mayor Pro Tem Zeuschner felt that the City should be consistent in their enforcement, and suggested that perhaps the health and safety aspects should be separated from the code compliance measures, as was done with Graham's Landing. 5 MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1983 P AGE SIX Howard Gaines felt that there was no quorum to vote on matter, and felt that the Ordinances should be enforced. Mr. Baxter cited Goverment Code sections which stated majority of a quorum can vote on non -fiscal matters. Jim Funk spoke regarding the condition of the docks t hat they were not safe. Dale Mitchell stated that this abatement ordinance e nforced equally, and not just with the leaseholders. Council discussed e tc. Mr. Crump process. MOTION: this that the and noted should be the time requirements for various permits, outlined Council's options regarding the abatement Councilmember Lemons moved that Council continue the abatement hearing to the first meeting in November, and direct staff to work with the leaseholder to resolve the liability questions, and report back. The motion was seconded by Mayor Pro Tem Zeuschner and carried by the following roll call vote: AYES: Lemons, Zeuschner NOES: None ABSENT: Risley, Shelton ABSTAIN: Anderson C-2 CONSIDERATION OF PARK AND RECREATION COMMISSION RECOMMENDATION TO RENAME DUNE STREET PARK Mr. Baxter requested that this matter be referred back to the P ark and Recreation Commission for additional study. MOTION: Councilmember Lemons moved to refer this matter back to the Park and Recreation Commission for further study. The motion was seconded by Councilmember Anderson and carried unanimously. (3-0-2) 6 MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1983 PAGE SEVEN C-3 Mr. at a CONSIDERATION OF APPROVAL OF SUBLEASE TO GOLD NUGGET SEAFOODS (RON MYERS, SITE 78-81W) Baxter requested that this item be pulled, and brought back later date. Council concurred that this matter should be rescheduled. D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF REGULAR MEETING OF 9/26 ADJOURNED MEETINGS OF 9/26 AND 9/29 Mr. Baxter recommended that the above noted minutes be approved as submitted. D-2 BUDGET AMENDMENT FOR PURCHASE OF ASHURST WELL PROPERTY Mr. Baxter recommended that Council amend the 1983-84 budget for the water fund, reducing the unappropriated water fund balance by $72,000 and increasing the fund 31-0100-750320 appropriation by $72,000 to be used for payment of the Robert Ashurst well purchase. D-3 PROCLAMATION OF NOVEMBER AS "VETERANS UNITY MONTH - A SALUTE TO WOMEN VETERANS" Mr. Baxter recommended that Council authorize the issuance of said Proclamation as submitted. D-4 TIME LIMIT ON FREE ANCHORAGE AREAS IN MORRO BAY Mr. Baxter recommended that Council approve the Resolution establishing a time limit for the use of free anchorage areas as recommended by the Harbor Commission. D-5 PROCLAMATION DECLARING OCTOBER 9-15 AS FIRE PREVENTION WEEK IN MORRO BAY Mr. Baxter recommended that Council ratify the proclamation as submitted. D-6 APPOINTMENT OF INTERIM CITY TREASURER Mr. Baxter recommended that Council appoint Shirley Summers as Interim City Treasurer. 7 MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1983 PAGE EIGHT D-7 REQUEST FOR AUTHORIZATION TO PURCHASE SCARIFIER FOR LILA KEISER PARK Mr. Baxter recommended that Council authorize the purchase of a scarifier by the Recreation Department and authorize the transfer of $300 from General Fund Contingencies to the Recreation Department account. D-8 RESOLUTION ACCEPTING CERTAIN PROPERTY FROM CAYUCOS SANITARY DISTRICT Mr. Baxter recommended that Council adopt the Resolution accepting certain property from the Cayucos Sanitary District as submitted. D-9 PROCLAMATION OF OCTOBER 16 THROUGH 23 AS CRIPPLED CHILDREN'S WEEK Mr. Baxter recommended that Council authorize the proclamation as submitted. D-10 PROCLAMATION OF OCTOBER 18 THROUGH 24 AS NATIONAL BUSINESS WOMEN'S WEEK Mr. Baxter recommended that Council authorize the proclamation as submitted. MOTION: Councilmember Lemons moved that the Consent Calendar be approved as submitted. The motion was seconded by Councilmember Anderson and carried by the following roll call vote: AYES: Lemons, Anderson, Zeuschner NOES: None ABSENT: Risley, Zeuschner E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL Councilmember Lemons commented on an article published in the CAL newsletter regarding water equivalencies, and felt that the article was erroneous. 8 MORRO BAY CITY COUNCIL..• REGULAR MEETING - OCTOBER 10, 1983 P AGE NINE E-2 CITY ATTORNEY Mr. LeSage stated that the Tidelands Stipulation and Judgement h ad been signed, and noted that the CMC suit had been dismissed d ue to recent legislation preempting environmental review for t his type of project. Councilmember Lemons asked Mr. LeSage for a review of the recent legislation regarding harbor safety. Mr. LeSage noted that the bill had been improved and should cover all concerns voiced by Morro Bay to the earlier draft. E-3 CITY ADMINISTRATOR Mr. Baxter stated that the Council should adjourn to October 18th at 6:30 p.m. in the Cayucos Office for a joint meeting. Mr. Baxter also suggested that the meeting be adjourned in memory of Mr. Parker, Councilmember Risley's brother-in-law. MOTION: Councilmember Lemons moved that the meeting be adjourned to October 18, 1983, 6:30 p.m., at the Cayucos Sanitary District Office, in memory of Mr. Parker. The motion was seconded by Councilmember Anderson and carried unanimously. (3-0-2) The meeting was adjourned at 9:20 p.m. RESPECTFULLY SUBMITTED, P EGGY `thJtHANAN DEPUTY CITY CLERK 9