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HomeMy WebLinkAboutCC_1984-12-10 Regular Meeting MinutesMORR BAY CITY COUNC L REGULAR MEETING - DECEMBER 10, 1984 AGENDA RECREATION HALL - 7:30 P.M. ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION - JAMES KENNEMUR, FIRST CHRISTIAN CHURCH PRESENTATION: RESOLUTION TO MORRO BAY HIGH SCHOOL ACADEMIC DECATHLON TEAM A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PUBLIC HEARING ON ORDINANCE NO. 265 AMENDING CHAPTER 13.20 OF THE MORRO BAY MUNICIPAL CODE - BUILDING LIMITATION ORDINANCE; STAFF REPORT ON MEASURE F AND SUMMARY OF DATA TO BE SUBMITTED TO COASTAL COMMISSION REGARDING 1982-84 WATER ALLOCATION PROGRAM A-2 REVIEW OF PRELIMINARY COMMUNITY RECREATION CENTER CONCEPT DESIGN A-3 APPEARANCE OF MARY PHILLIPS REGARDING REFUSE BOARD MEETING AND LACK OF COMMUNICATION WITH PUBLIC B. UNFINISHED BUSINESS B-1 REGULATIONS FOR DOCKS AT EMBARCADERO STREET -ENDS C. NEW BUSINESS C-1 REQUEST OF FRIENDS OF THE LIBRARY FOR CITY FUNDING OF SIDEWALK C-2 APPOINTMENTS OF COUNCIL TO CERTAIN INTERAGENCY POSITIONS D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE MEETINGS OF NOVEMBER 26 AND 30, 1984 D-2 CANCELLATION OF DECEMBER 24, 1984 MEETING D-3 REVISION TO ADMINISTRATIVE ANALYST JOB CLASSIFICATION AND PERSONNEL SALARY RANGE D 4 REAPPORTIONMENT OF ALLOCATED CAPITAL IMPROVEMENT FUNDS D 5 RIGHT-OF-WAY ENCROACHMENT PERMIT; 328 MAIN STREET D- 6 RESOLUTION COMMENDING MORRO BAY HIGH SCHOOL ACADEMIC DECATHLON TEAM D-7 ABANDONMENT OF EXISTING SEWER EASEMENT AND ACCEPTANCE OF NEW SEWER EASEMENT - LOTS 3 & 4, BLOCK 6, TRACT 81 (PULLED) D-8 ABANDONMENT OF EASEMENT IN LOT 6, TRACT #353 (PULLED) D-9 AUTHORIZATION OF INDUSTRIAL DISABILITY RETIREMENT - JAMES MILLER D-10 RESOLUTION ADOPTING HARDSHIP REFUSE VARIANCE POLICY D- 11 RESOLUTION ADOPTING BY-LAWS OF REFUSE COLLECTION FRANCHISE BOARD D-12 REQUEST FOR SPECIAL USE PERMIT BY CHAMBER OF COMMERCE FOR LIGHTED BOAT PARADE MORRO BAY CITY COUNCIL AGENDA December 10, 1984 Meeting Page Two D. CONSENT CALENDAR (cont.) D-13 PROCLAMATION DECLARING PEACE THROUGH UNIVERSAL NUCLEAR ARMS BAN D-14 NOTICE OF COMPLETION - BLACK MOUNTAIN WATER TANKS E. INDIVIDUAL DETERMINATION ANDJOR ACTION. E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E 3 CITY ATTORNEY F. ADJOURNMENT: TO DECEMBER 11, 1984 AT 7:00 P.M. IN THE CITY HALL CONFERENCE ROOM - CAYUCOS SANITARY DISTRICT JOINT MEETING MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 10, 1984 RECREATION HALL - 7:30 P.M. Mayor Zeuschner called the meeting to order at 7:30 p.m. ROLL CALL P RESENT: ABSENT: S TAFF: Bud Zeuschner Ray Kaltenbach Jim Miller Bruce Risley Rose Marie Sheetz None Gary Napper Michael LeSage Forrest Henderson Michael Multari N ick Nichols S teve Wolter Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Asst. to the City Admin. Comm. Development Dir. Public Works Director Recreation Director Deputy City Clerk The Pledge of Allegiance was led by Horace Strong; Reverend James Kennemur of the First Christian Church gave the invocation Mayor Zeuschner presented a Resolution to Dave Martin, Principal o f Morro Bay High School, commending the Academic Decathlon team f or placing first in the County Academic Decathlon. Mr. Martin introduced Marilyn Baty, coach of the team and Ms. Baty intro- d uced the team members; Dawn Bergman, Norman Carey, Robyn Ellis, W illiam Irons, Todd Richmond and James Taylor. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PUBLIC HEARING ON ORDINANCE NO. 265 AMENDING CHAPTER 13.20 OF THE MORRO BAY MUNICIPAL CODE - BUILDING LIMITATION ORDINANCE; STAFF REPORT ON MEASURE F AND SUMMARY OF DATA TO BE SUBMITTED TO COASTAL COMMISSION REGARDING 1982-84 WATER ALLOCATION PROGRAM Mike Multari reviewed this item and stated that the comments suggested by Council at their last meeting had been incorporated into the package. He re -stated that the major change was the provision to allow installation of water conservation measures in o ff -site developments in return for water equivalency credit. He ✓ ecommended that Council adopt the Ordinance as a first reading He also were no o n some reviewed the effects of Measure F and stated that there immediate effects to the current program; he is working new administrative regulations to implement the Measure initiative. 1 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 10, 1984 PAGE TWO Mayor Zeuschner opened the matter to the public. Robert Lane qustioned whether the water saved through retrofitting would be regulated within the limitations of Measure F. Mayor Zeuschner stated that the water allocations will be guided by Measure F. Mayor Zeuschner stated that he was in receipt of a letter from J H. Edwards Co. supporting the retrofitting concept and supporting Council's adoption of Ordinance No. 265. Pat Sparrow spoke in favor of the proposal as well. MOTION: Councilmember Risley moved that the hearing be closed to the public. The motion was seconded by Council - member Kaltenbach and unanimously carried. (5-0) Councilmember Risley suggested that although the report is excel- lent, it could be strengthened somewhat by emphasizing the life- line water rate Council adopted two years ago to promote conser- vation. Councilmember Miller stated that he feels Measure F is illegal and has some questions he wants answered by the City Attorney. He asked five specific questions; Mr. LeSage stated that he would like to have time to respond to the questions in writing, and he would have answers by the time Council next meets. Howard Gaines stated that Council cannot question Measure F;. they have no standing to do it. It has to be someone that is affected by it. MOTION: Councilmember Sheetz moved that Council adopt the ✓ eport for submission to the Coastal Commission. The motion was seconded by Councilmember Kaltenbach and u nanimously carried. (5-0) MOTION: Councilmember Risley moved that Ordinance No. 265 be ✓ ead by title and number only. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) Mr. Napper read Ordinance No. 265 by title and number only. MOTION: Councilmember Risley moved for the adoption of Ordinance No. 265 as a first reading. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 10, 1984 P AGE THREE A-2 REVIEW OF PRELIMINARY COMMUNITY RECREATION CENTER CONCEPT DESIGN S teve Wolter reviewed the history on this project and stated that t he plan before Council was concept only to enhance our grant applications; staff would return with a more precise plan later. He also noted that the Senior Citizens have agreed to fiscally participate in the project. Mary Phillips asked questions regarding the Senior Citizen Bond Act funding of the project and Jim Rodgers, President of the S eniors, stated that he had been in contact with Alice Gonzales of the Area Agency on Aging and that the grant funds would be handled through that office. Robert Lane asked if the Recreation Department would be located in the Center and Mayor Zeuschner stated that that was part of the plan. MOTION: Councilmember Sheetz moved that the hearing be closed to the public. The motion was seconded by Council - member Kaltenbach and unanimously carried. (5-0) Councilmember Miller stated that he was in favor of the project and commended the Seniors for their hard work in raising the funds to participate in the Center. MOTION: Councilmember Risley moved that Council approve the concept plan with the conditions as listed. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) A-3 APPEARANCE OF MARY PHILLIPS REGARDING REFUSE BOARD MEETING AND LACK OF COMMUNICATION WITH PUBLIC Mrs. Phillips stated that she wished to discuss the lack of communication between the Franchise Board, Council, Garbage Co., and the former Analyst in the Public Works Department She stated that the Brown Act had been violated by moving meeting t imes and cancelling meetings. She felt the garbage contract should be amended to allow for those people who do not require g arbage pickup. She felt that the garbage invoices were mislead- ing in that they stated service would be discontinued for non- payment. She has a current bill of $102 and nothing has been picked up from her residence. She also felt that the bills were misleading in that they stated that a lien would be placed against property for non-payment of service. Mr. LeSage stated that the City can put a lien against property for non-payment of water/sewer services, but not for this method 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 10, 1984 PAGE FOUR o f refuse collection. The contractor does, however, have the o ption of taking an individual to small claims court for non- payment of service. Jane Von Koehe did not feel that individuals should have to pay f or service if they are out of town and have no garbage to be picked up. Councilmember Kaltenbach felt that the contract with the Garbage Co. was a bad one to start with and that the City should contract for a set amount for the whole year and place the fee on the property tax bill. Councilmember Miller stated that while he is n ot in favor of mandatory garbage service, it is the law in Morro Bay and should be complied with MOTION: Councilmember Sheetz moved that the new staff liaiton with the Refuse Board be instructed to investigate the various problems brought up this evening and report back. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 REGULATIONS FOR DOCKS AT EMBARCADERO STREET ENDS Mr. Napper stated that this matter had been continued from the last meeting to give the City Attorney an opportunity to review t he Tidelands Act with regard to prohibiting fishing from the proposed Street End piers Mr. LeSage had concluded that the proposed regulations were in conformance with the Coastal Commis- sion grant and the Tidelands Act laws. Mr. Napper recommended that Council adopt Resolution No. 125-84. Councilmember Sheetz asked how the regulations regarding three hour limits would be imposed Mr. Nichols stated that the Harbor Division would enforce this section on their routine patrols MOTION: Councilmember Risley moved for the adoption of Resolu- tion No. 125-84. the motion was seconded by Council - member Miller and unanimously carried by roll call vote. (5-0) C. NEW BUSINESS C-1 REQUEST OF FRIENDS OF THE LIBRARY FOR CITY FUNDING OF SIDEWALK Mr Napper explained that the Friends of the Library have ✓ equested that the City provide $10,000 funding to construct the S hasta Avenue sidewalk improvements. The improvements must be 4 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 10, 1984 PAGE FIVE constructed before the building is allowed to be occupied. He outlined the amount of City contributions already allocated to the Friends of the Library for the library and requested that Council determine from the Friends the extent of any future allocations to be requested. Mrs. Bailey indicated that this would be the last request of the Friends and is only made at this time because they had only requested from the community the amount needed to build the Library; the site improvements were not covered by the funds collected. MOTION: Councimember Kaltenbach moved that Council authorize the project and that staff prepare specifications and obtain bids up to $10,000. The motion was seconded by Councilmember Sheetz. There was considerable discussion and it was determined that the $10,000 figure would not be enough to cover a contractor's design and construction of the public project. MOTION: Councilmember Kaltenbach amended his motion to set the limit of the appropriation at $20,000 from General Fund contingencies. The amendment was accepted by Council - member Sheetz and the motion carried unanimously by roll call vote. (5-0) C-2 APPOINTMENTS OF COUNCIL TO CERTAIN INTERAGENCY POSITIONS Mayor Zeuschner reviewed the committee appointments available and collectively Council made the following appointments: 1. SLO Area Coordinating Council: voting delegate - Mayor Zeuschner 2. SLO Area Coordinating Council: alternate delegate Mayor Pro Tem Risley 3. SLO County Water Advisory Board: voting delegate Councilmember Risley VENOM idim 4. North Coastal Transit Board: voting delegate - Council - member Kaltenbach 5. City Community Promotions Committee: chairman - Councilmember Sheetz 6. City Transportation Ad -hoc Committee: chairman - Coun- cilmember Kaltenbach 5 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 10, 1984 PAGE SIX 7. City Fire Master Plan Committee: Council liaison - Councilmember Miller * Council nominated 44y'"-4dae also appointed Councilmember Miller to be the City's 13-a3 r- o the California Men's Colony and stated that he would defer on the ex-officio positions for the Parks and Recrea- tion Commission until the new Commissioners are selected D. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 CITY COUNCIL MINUTES OF THE MEETING OF NOVEMBER 26 AND 30, 1984 Mr. Napper recommended that Council approve the minutes as submitted. D-2 CANCELLATION OF DECEMBER 24, 1984 MEETING Mr. Napper recommended that Council cancel the December 24, 1984 Council meeting. D-3 REVISION TO ADMINISTRATIVE ANALYST JOB CLASSIFICATION AND PERSONNEL SALARY RANGE Mr. Napper recommended Council approve the amendment and adopt the modified salary range. D-4 REAPPORTIONMENT OF ALLOCATED CAPITAL IMPROVEMENT FUNDS Mr. Napper recommended Council approve the re -allocation and expenditures of funds as outlined. D-5 RIGHT-OF-WAY ENCROACHMENT PERMIT; 328 MAIN STREET Mr. Napper recommended that Council adopt Resolution No. 140-84 approving the variance and authorize execution of a Special Encroachment Permit. D-6 RESOLUTION COMMENDING THE MORRO BAY HIGH SCHOOL ACADEMIC DECATHLON TEAM Mr. Napper recommended that Council adopt Resolution No. 141-84. D-7 ABANDONMENT OF EXISTING SEWER EASEMENT AND ACCEPTANCE OF NEW SEWER EASEMENT - LOTS 3 & 4, BLOCK 6, TRACT 81 (PULLED) No action required; this item will be scheduled on the next meeting agenda. *corrected at the meeting of 1-14-85 6 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 10, 1984 PAGE SEVEN D-8 ABANDONMENT OF EASEMENT IN LOT 6, TRACT #353 (PULLED) No action required; this item will be scheduled on the next meeting agenda. D-9 AUTHORIZATION OF INDUSTRIAL DISABILITY RETIREMENT - JAMES MILLER Mr. Napper recommended that Council adopt Resolution No. 138-84. D-10 RESOLUTION ADOPTING HARDSHIP REFUSE VARIANCE POLICY Mr. Napper recommended Council adopt Resolution No. 122-84. D-11 RESOLUTION ADOPTING BY-LAWS OF REFUSE COLLECTION FRANCHISE BOARD Mr. Napper recommended the Council adopt Resolution No. 121-84. D-12 REQUEST FOR SPECIAL USE PERMIT BY CHAMBER OF COMMERCE FOR LIGHTED BOAT PARADE Mr. Napper recommended that Council adopt Resolution No. 139-84. D-13 PROCLAMATION DECLARING PEACE THROUGH UNIVERSAL NUCLEAR ARMS BAN Mr. Napper recommended that Council authorize the Mayor to sign the proclamation. D-14 NOTICE OF COMPLETION - BLACK MOUNTAIN WATER TANKS Mr. Napper recommended that Council approve the recordation of the Notice of Completion and authorize the City Clerx to sign on behalf of the City. Items D-4, D-5, D-9 and D-13 were pulled for separate discussion. MOTION: Councilmember Risley moved for the adoption of the Consent Calendar with the exception of items D-4, D-5, D-9, and D-13. The motion was seconded by Councilmem- ber Sheetz and unanimously carried. (5-0) D-4 REAPPORTIONMENT OF ALLOCATED CAPITAL IMPROVEMENT FUNDS Councilmember Sheetz requested that with regard to the expendi- tures for the Vet's Hall, staff look at the need for outside lighting. She felt that considerable improvement was needed in this area Staff indicated that it would investigate the problem for possible funding in the improvements 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 10, 1984 PAGE EIGHT MOTION: Councilmember Risley moved for the approval of Item D-4 The motion was seconded by Councilmember Kalten- bach and unanimously carried. (5-0) D-5 RIGHT-OF-WAY ENCROACHMENT PERMIT; 328 MAIN STREET Councilmember Risley noted that in 1981 the City took Mr. Crider to court for violation of the city zoning ordinance and the court ruled in the City's favor. He asked if this was the same property. Mr. Nichols stated that it was not the same property. Councilmember Risley asked Mr. Nichols to explain the problem on Main Street; Mr. Nichols explained the traffic circulation problem and the possible need to widen Main Street in the future at which time Mr. Crider will have to eliminate his encroachment. Councilmember Risley asked if there were any problems with allowing this encroachment. Mr Nichols said that there were no problems as long as Mr. Crider agrees to the conditions. MOTION: Councilmember Risley moved that Council approve item D-5 (adoption of Resolution No. 140-84). The motion was seconded by Councilmember Miller and unanimously carried. (5-0) D-9 AUTHORIZATION OF INDUSTRIAL DISABIILTY RETIREMENT - JAMES MILLER Councilmember Kaltenbach objected to this disability retirement. Mr. Napper explained that our public safety employees do go through a psychological exam prior to hiring by the City. This action was initiated in 1980. MOTION: Councilmember Sheetz moved for the approval of Resolu- tion No 138-84. The motion was seconded by Council - member Risley and carried with Councilmember Kaltenbach voting no and Councilmember Miller abstaining. (3-1-1) D-13 PROCLAMATION DECLARING PEACE THROUGH UNIVERSAL NUCLEAR ARMS BAN Mr. Risley asked Mr. Gordon Mills what motivated him to get involved in this endeavor. Mr Mills stated that he had witnessed a nuclear explosion. MOTION: Councilmember Sheetz moved for the approval of item D-13. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) 8 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 10, 1984 P AGE NINE Mayor Zeuschner thanked the members of the public for their cooperation in helping to move things along by focusing their comments and input E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL A. Councilmember Sheetz asked about the progress on the S tate's acquisition of the VRM property. Mr. Napper stated that our legislators had been responsive to the City's requests on this matter and that the State Director of Parks and Recreation would be releasing a proposed list for funding of the State Facilities Bond Act B. Councilmember Risley asked Nick Nichols about a water leak coming from the Kings Avenue water tanks. Mr. Nichols explained the problems which had to do with re -sealing the tanks. C. Councilmember Miller requested that the City Adminis- t rator be authorized to review the applications of the various commissions and boards and arrange them in order of expertise for Council's interviews on January 3rd. Mr. Napper stated that a candidate's expertise comes out during the interview process; he felt that Council should make these determinations directly since the Boards and Commissions do not report to the City Administra- t or but directly to the Council. The rest of the Council agreed. D-2 CITY ADMINISTRATOR A. Mr. Napper requested a closed session to discuss a personnel matter. B. Mr. Napper requested that Council adjourn to the following evening December llth, at 7:00 p.m. in the City Hall Conference Room for a joint meeting with the Cayucos Sanitary District Board. D-3 CITY ATTORNEY Mr. LeSage had nothing to report. F. ADJOURNMENT MOTION: Councilmember Risley moved that the meeting adjourn to closed session to discuss a personnel matter. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) 9 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 10, 1984 PAGE TEN The meeting adjourned to closed session at 9:30 p.m. and returned to regular session at 9:56 p.m. MOTION: Mayor Zeuschner moved that Council utilize unallocated City reserve funds to implement a 5% across-the-board salary increase for all City employees, effective pay - period beginning December 29, 1984. The motion was seconded by Councilmember Sheetz and unanimously carried by roll call vote (5-0) MOTION: Councilmember Risley moved that the meeting adjourn to December 11, 1984 at 7:00 p.m. in the City Hall Confer- ence Room for a joint meeting with the Cayucos Sanitary District. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) Recorded by, Ardith Davis Deputy City Clerk 10