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HomeMy WebLinkAboutCC_1983-08-08 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1983 RECREATION HALL - 7:30 P.M. ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 Appeal of Planning Commission decision to grant variance to Bob Haring, 485 Kern B. UNFINISHED BUSINESS B-1 Continuation of Budget Consideration, adoption of Resolu- tion approving the 1983-84 Fiscal Year Budget C. NEW BUSINESS C-1 Request by Legal. Action Watch for Council consideration of Beach Street improvements C-2 Approval of Two -Year Contract with Morro Bay Mid -Management Employees C-3 Approval of salaries and benefits for the Morro Bay Management Employees C-4 Approval of Two -Year Contract with Morro Bay Fire Fighter Employees C-5 Approval of Draft Transportation Development Plan D. CONSENT CALENDAR D-1 City Council minutes of July 25th regular and adjourned meetings D-2 Resolution adopting mooring rental rates D-3 Proposed Amendment No. 1 to Task Order No. 2, Brown and Caldwell-Heery, for construction management D-4 Resolution approving Disability Retirement for Fire Captain Fred Oakes D-5 Award of Community Promotions/Visitor Information services contract to Chamber of Commerce D-6 Award of Bid No. PW 83-214 A, B & C for Water Main replacement fittings D-7 Amendment to Classification Plan 1 MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1983 PAGE TWO E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ATTORNEY E-3 CITY ADMINISTRATOR /pb MORRO BAY CITY COUNCIL REULAR MEETING - AUGUST 8, 1983 RECREATION HALL -- 7:30 P.M. AGENDA N0. ..134 Date Action - Mayor Shelton called the meeting to order at 7:30 porn ROLL CALL PRESENT: STAFF: Euguene R. Shelton Rodger Anderson John Lemons Bruce Risley Bud Zeuschner Paul Baxter Michael Le Sage M u r r e l Crump Dave Howell Gary Napper Nick Nichols Gere Sibbach Steve Wolter Bernie Zerr Peggy Buchanan Mayor Councilmember Councilmember Councilmember Councilmember 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 The Pledge of Allegiance was led by Ray Kaltenbach and the Invocation was provided by Mr. Baxter. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 APPEAL OF PLANNING COMMISSION DECISION TO GRANT VARIANCE TO BOB HARING, 454 KERN Mr. Baxter stated that Mr. Bill Dotson and Mr. Walt Axelson had appealed a Planning Commission decision to grant a variance to Mr. Bob Haring at 454 Kern Avenue. Mr. Baxter informed Council t hat Mr. Haring has since informed the Planning Department that he is withdrawing his request for the variance Mr. Baxter suggested that the Council refer this matter back to t he Planning Commission for revocation of the variance approval. Mayor Shelton opened the Public Hearing. There were no comments or questions. MOTION: Councilmember Lemons moved that the Public Hearing be closed. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) Mr. Crump stated that the Planning Commission would take action t o rec ind the approval of the variance 1 MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1983 PAGE TWO MOTION: Councilmember Zeuschner moved that this matter be referred back to the Planning Commission. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) B. UNFINISHED BUSINESS B-1 CONTINUATION OF BUDGET CONSIDERATION, ADOPTION OF RESOLUTION APPROVING THE 1983-84 FISCAL YEAR BUDGET Mr. Baxter stated that in accordance with Council s previous direction, a final draft of the budget had been prepared which included additional cuts in excess of 4% and reduction in contingencies. Mr. Baxter noted that a final year end accounting would be available in late September or early October. Mr. Baxter stated that $1,500 had been included as aid to other agencies, and requested Council direction on allocation of these funds. Councilmember Lemons stated that he'd been under the impression t hat money had been left in the budget for the Twin Bridges project. Mr. Baxter stated that staff would allocate these funds from contingencies if this was Council's desire. Council concurred that the funds for the Twin Bridges project be allocated from the money cut from contingencies. Councilmember Zeuschner suggested that the two agencies who had appeared before Council requesting funds, be funded in the amount t hey had requested. Mr. Baxter stated that Hotline had requested $500 and Hospice $350. Mayor Shelton suggested that these amounts be reduced to reflect t he overall budget situation. Mary Phillips stated that Hospice should not receive funding because of their Medicare status. Mr. Anderson noted that not all of those needing the services of Hospice would qualify for Medicare aid. 2 MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1983 PAGE THREE MOTION: Councilmember Zeuschner moved that Council allocate $300 to Hospice and $400 to Hotline, and that the remaining monies be placed in a reserve fund for use by other agencies as requested to Council. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) Mayor Shelton stated that after additional consideration, he was concerned about the proposed transfer of the 1 engineering position to the Community Development Department for inspection purposes. Mayor Shelton stated that this would certainly deprive the engineering department of needed services, and wondered if there couldn't be another method worked out where the position would be "shared". Mr. Baxter stated that the consolidation of inspection services was experimental and would be evaluated after several months. Mayor Shelton felt that joint use of the position would be beneficial to both Departments. Mr. Baxter stated that a split in wages could be developed. Councilmember Lemons also had reservations regarding the position change, and was concerned about the loss to the engineering division. Mr. Baxter stated that perhaps the budget process could go forward with this one area unresolved and staff would then look into the needs of the Departments and bring back additional information and alternatives. MOTION: Councilmember Risley moved that Council approve the Resolution adopting the Budget and making appropriations for Fiscal Year 1983-84. The motion was seconded by Councilmember Zeuschner. Mr. John Laniers questioned the results of Council discussion regarding the engineering position. Mr. Baxter stated that additional information would be brought back to Council regarding the status of this position. Howard Gaines questioned several of the additional cuts staff proposed for the budget, and did not feel that these cuts were sufficient. 3 MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1983 PAGE FOUR Mr. Baxter reviewed several areas of budget cuts, and explained what each area of reduction meant in terms of services. Mary Phillips felt that a committee should be developed to raise money by investigating the possibility of using public land for o verflow camping. Mrs. Phillips felt that this would be a good ✓ evenue source. Councilmember Risley spoke in favor of budget adoption and complimented staff for their cooperation in the budget process. Councilmember Risley stated that although the budget cuts could have been larger, but felt that it was a move in the right direction. Councilmember Lemons felt that one additional expenditure the Council should consider would be a device for the hearing impaired for use at Council meetings. Councilmember Risley stated that the Community Roundtable was also investigating the possibility of purchase of this type of equipment. MOTION: Councilmember Lemons moved that Council appropriate necessary funds for purchase of an amplifying device for the hearing impaired. The motion died for lack of a second. Councilmember Lemons questioned the purchase of police vehicles, and why they were requsted. Chief Howell stated that they were scheduled for replacement and w ere at the point where increased repairs would be necessary. Mr. Baxter noted that although the cars had been cut, money had been allocated for additional repairs. Councilmember Lemons stated his concern regarding the water line ✓ eplacement future, and noted that correspondence had been ✓ eceived from the State EPA regarding the City's sewer rates. Mr. Nichols stated that the State Water Resources Control Board had stated that the rates were not in exact conformance to the ✓ ate scheduled previously approved, and they are looking into the City rates. 4 MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1983 P AGE FIVE Mayor Shelton stated that the coming budget year will be d ifficult and public services will most likely have to be sacrified. Mayor Shelton stated that the City should start making its determinations now. Council then voted on the motion to approve the budget: AYES: Risley, Zeuschner, Anderson, Lemons, Shelton NOES: None ABSENT: None C. NEW BUSINESS C-1 REQUEST -BY LEGAL ACTION -WATCH FOR COUNCIL CONSIDERATION OF BEACH STREEP IMPROVEMENTS Mr. Baxter stated that correspondence had been received from Howard Gaines, Chairman of L.A.W. requesting Council action to direct that the sidewalk, curb and gutter improvements be placed o n Beach Street by Mr.. Warren Dorn. Mr. Baxter stated that Mr. Dorn was of the opinion that the City h ad not completed its obligation for placing retaining walls and containing the bank, as well as undergrounding of all utilities. Mr. Dorn had also submitted correspondence which outlined his ✓ iew of the agreement with the City. Mr. Baxter stated that in review of the files pertaining to this agreement, there was no obligation on the City's part to u nderground the utilities. Mr. Dorn stated that he was ready and willing to proceed with the irnprovements, as soon as the City had finished the retaining wall t o be placed at the top of the bank. Mr. Dorn stated that the u nderground of utilities had been a definite possibility at the t ime the agreement was formed, and this underground had been done across the street at no cost to the property owner. Mr. Dorn stated that he did not know whether the City would do this or the utility company, but felt that it was not logical to put in irnprovements and then have to rip them up to underground u tilities. Councilmember Risley felt that the City should order the improvements completed. Councilmember Lemons stated that he felt Councilmember Risley had a conflict as a member of the Legal Action Watch. 5 MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1983 P AGE SIX Mr. LeSage stated that he did not believe there was a conflict. Council discussed the City's obligations, and committment. Council referred to the diagram attached in their packet, and n oted that it did appear that the slope of the bank had been altered. Mr. LeSage stated that if the City had altered the slope of the bank, they would be responsible for placing the additional ✓ etaining structure, or would be liable for any damage or e rosion. Mr. Nichols stated that there was not sufficient money available t o do any of the undergrounding projects previously discused by Council. Howard Gaines stated that the improvements should be completed as ✓ equired and that seven years was too long to be put off. Council discussed with Mr. LeSage the City's obligation to do any futher work at this site. Mr. LeSage stated that it would depend on how the slope was altered as the agreement was not specific on what structures were t o be placed. Mr. Baxter suggested that the staff review the as -built plans for this project to determine exactly what work had been done, and bring this information back to Council. Councilmember Anderson felt this would be prudent, as it was an e ngineering question. Mr. Baxter stated that the matter could be referred back to staff t o determine what work had been completed according to the as - built drawings. Mayor Shelton suggested that the matter be referred back to staff. Council concurred. C-2 APPROVAL OF TWO-YEAR CONTRACT WITH MORRO BAY MID -MANAGEMENT EMPLOYEES Mr. Baxter stated that staff had completed negotiations with the Morro Bay Mid -Management employees, and recommended that Council approve the Resolution which would ratify the two-year contract. 6 MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1983 PAGE SEVEN MOTION: Councilmember Zeuschner moved that the Resolution approving the two-year contract with Morro Bay Mid - Management Employees be adopted. 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 C-3 APPROVAL OF SALARIES AND BENEFITS FOR THE MORRO BAY MANAGEMENT EMPLOYEES Mr. Baxter stated that a Resolution had been prepared which would ratify the salaries and benefits for Morro Bay Management Employees according the guidelines as provided by Council. Mr. Baxter recommended that Council adopt the Resolution as submitted. MOTION: Councilmember Risley moved that the Resolution be adopted as submitted. Motion was seconded by Councilmember Anderson and carried by the following roll call vote: AYES: Risley, Anderson, Lemons, Zeuschner, Shelton NOES: None ABSENT: None C-4 APPROVAL OF TWO YEAR COTRACT WITH MORRO BAY FIRE FIGHTER EMPLOYEES Mr. Baxter stated that staff had completed negotiations with the Morro Bay Fire Fighters Association, and the two-year contract was within the parameters of Council direction. Mr. Baxter recommended that Council approve the Resolution as submitted. MOTION: Councilmember Risley moved that the Council adopt the Resolution approving the two-year contract with the Morro Bay Fire Fighters Association as submitted. The motion was seconded by Councilmember Zeuschner and carried by the following unanimous vote: AYES Risley, Zeuschner, Anderson, Lemons, Shelton NOES. None ABSETN: None 7 MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1983 PAGE EIGHT C-5 APPROVAL OF DRAFT TRANSPORTATION DEVELOPMENT PLAN Mr. George Rubaloff stated that the Transportation Development Plan is UMPTA funded (80%), and will provide the City with a five-year plan. Mr. Rubaloff noted that portions of the plan will be placed in a regional transportation plan. Mr. Rubaloff stated that the consultant, Linda Stonier, would be available to answer any quetions from Council. Mr. Baxter stated that this was strictly to inform Council that a Draft of the TDP is being prepared and will be submitted to Council at their next meeting. MOTION: Councilmember Zeushner moved that the report be received for file. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF JULY 25TH REGULAR AND ADJOURNED MEETINGS Mr. Baxter recommended that Council approve the minutes as submitted. D-2 RESOLUTION ADOPTING MOORING RENTAL RATES Mr. Baxter recommended that Council adopt the Resolution setting the rental rates for moorings with tackle provided at $70.00 month. D-3 PROPOSED AMENDMENT NO. 1 TO TASK ORDER NO. 2, BROWN AND CALDWELL-HEERY, FOR CONSTRUCTION MANAGEMENT Mr. Baxter recommended that Council authorize staff to execute the necessary documents regarding Amendment No. 1 to Task Order no. 2 of the Brown and Caldwell-Heery contract for construction management as submitted. D-4 RESOLUTION APPROVING DISABILITY RETIREMENT FOR FIRE CAPTAIN FRED OAKES Mr. Baxter recommended that Council adopt the Resolution approving a disability retirement for Fred Oakes, effective July 30, 1983. 8 MORRO BAY CITY COUNCIL REGUAR MEETING - AUGUST 8, 1983 PAGE NINE D-5 AWARD OF COMMUNITY PROMOTIONS/VISITOR INFORMATION SERVICES CONTRACT TO CHAMBER OF COMMERCE Mr. Baxter recommended that Council approve the Community Promotions Agreement with the Chamber of Commerce as submitted and authorize the Mayor and Clerk to sign on behalf of the City. D-6 AWARD OF BID NO. PW 83-214 A, B, AND C FOR WATER MAIN REPLACEMENT FITTINGS Mr. Baxter recommended that Council approve the Resolution making award of bid PW 214 A to Familian Pipe Company in the amount of $17,759.23, and PW 83-214 B to P.E. O'Hair for $30,983.80, and reject all "C" bids. D-7 AMENDMENT TO CLASSIFICATION PLAN Mr. Baxter recommended that Council approve the amendment to the classification plan as submitted for Firefighter position. D-8 RESOLUTION REGARDING FINAL EIS FOR LEASE SALE NO. 73 lvlr. Baxter recommended that Council approve the attached Resolution as submitted. Mr. Baxter stated that two additional amendments were recommended for the classification plan, firefighter description: 1. Ability to maintain established standard of physical conditioning. 2. Residency within a 20 mile radius of the City limits. Mr. Baxter also added D-9: D-9 RENTAL RATE FOR CRANE ANCHORED IN HARBOR Mr. Baxter recommended that Council approve the rental rate of $200/month for the anchoring a barge in Morro Bay Harbor. MOTION: Councilmember Lemons moved that the Consent Calendar be approved as submitted. The motion was seconded by Councilmember Risley and carried by the following roll call vote: 9 MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1983 PAGE TEN AYES: Lemons, Risley, Anderson, Zeuschner, Shelton NOES: None ABSENT: None E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL Councilmember Anderson requested that staff look into a letter ✓ eceived from Mr. Aldo Desmond regarding a dust problem in the alleyway behind the Police Department. Councilmember Lemons reported that the Board of Supervisors had ✓ oted 4 to 1 to defeat a motion by Kurt Kupper to prevent the City from acquiring the Morro Bay Golf Course. Mayor Shelton commended Councilmember Lemons for his work in this effort. Mayor Shelton stated that Mr. Ernie Miller had requested the o pportunity to address Council. Mr. Ernie Miller requested that Council approve a 6 month time e xtension for Tract 951, Sea Harbor Villas, to allow additional t ime for last minute details that were unexpected. Mr. Miller explained that the Tract Map expires August 17th, and ✓ equested that Council grant the approval as their was not time t o appear before the Planning Commission. Mr. LeSage stated that although Council could grant permission, t he Planning Commission approval should come first. Mr. LeSage suggested that Council hold a special meeting. Council concurred that a special adjourned meeting would be held Tuesday, August 16, 1983, at 9 30 a.m. for the purpose of considering this time extension. Mr. Baxter stated that he had received a letter from the Refuse Board requesting a joint meeting of the Refuse Board and the City Council. Mayor Shelton stated that prior to a joint meeting, he would like t o see a tenative agenda of items to be discussed. Mr. Baxter stated that staff would request an agenda and alternative meeting dates from the Refuse Board. 10 MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1983 PAGE ELEVEN Mayor Shelton stated that he had attended a meeting in Sacramento with Mr. Gordon Duffy regarding Lease Sale 73, and was encouraged by Mr. Duffy's declaration that he would pursue the local ✓ esponses to the EIS strongly. Mayor Shelton stated that he had also met with Senator Maddy, in ✓ egards to AB1666 and felt that Senator Maddy would follow-up on this legislation. Councilmember Zeuschner reported on his meeting with Assemblyman Eric Seastrand and noted his strong opposition to Lease Sale . 73 0 Mayor Shelton stated that after a meeting with Senator Maddy and o ther SLO County officials, the outlook for future revenues from the State was poor. E- 2 CITY ATTORNEY tiTaml4�bV Mr. LeSage stated that the Tidelands project was approaching time for court judgement Councilmember Risley asked when the Mitchell case is scheduled for court Mr. Baxter stated that depositions are still being taken and it will probably be some time yet. E-3 CITY ADMINISTRATOR Mr. Baxter reminded Council of Wednesday's meeting with Assemblyman Eric Seastrand regarding the State budget Mr. Baxter informed Council that he would be out-of-town from Thursday the llth to Tuesday the 23rd. MOTION: Councilmember Zeuschner moved that the meeting be adjourned to Tuesday, August l6th at 9:30 a.m. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) The meeting was adjourned at 10:10 p.m. RESPECTFULLY SUBMITTED, ateJaM%J PEGGY U3UUANAN DEPUTY CITY CLERK 11