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HomeMy WebLinkAboutCC_1983-04-11 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING - ARRIL 11, 1983 RECREATION HALL - 7:30 P M. (5:00 P.M. SPECIAL PUBLIC HEARING REGARDING OCS LEASE SALE 73) CALL TO ORDER PLEDGE OF ALLEGIANCE - Horace Strong INVOCATION - Bob Whaley, Calvary Baptist Church A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 REVENUE SHARING PROPOSED USE HEARING B. UNFINISHED BUSINESS B-1 APPROVAL OF AN ORDINANCE TO ADD CHAPTER 5 28 TO THE MORRO BAY MUNICIPAL CODE TO ESTABLISH A TV FRANCHISE AND SERVICES BOARD (2nd Reading) B-2 APPROVAL OF AN ORDINANCE TO EXTEND THE SIGN ORDINANCE AMORTIZATION S CHEDULE FOR ONE YEAR (2nd Reading) B-3 PRESENTATION OF LATEST REVISION OF CONSTITUTION AND BY-LAWS FOR FORMATION OF HARBOR COMMISSION C. NEW BUSINESS C-1 FRIENDS OF THE LIBRARY REQUEST FOR SITE DESIGNATION C-2 HARBOR ADVISORY BOARD RECOMMENDATION TO COUNCIL THAT HARBOR PATROL P ERSONNEL HAVE COMPARABLE SALARIES TO POLICE AND FIRE PERSONNEL D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF ADJOURNED AND REGULAR MEETINGS OF MARCH 28, AND ADJOURNED MEETING OF APRIL 6, 1983 D-2 CITY OF MORRO BAY EXPENDITURE REPORT FOR MARCH 1983 D-3 CHAMBER OF COMMERCE EXPENDITURE REPORT FOR MARCH 1983 D-4 PROCLAMATION OF APRIL 17-23, 1983, AS VICITM'S RIGHTS WEEK D-5 CORRESPONDENCE REGARDING AB 766, REGARDING CABLE TELEVISION D-6 APPROVAL OF RESOLUTION APPROVING A COOPERATIVE PROCESS FOR DETERMINING P ROJECT PRIORITIES FOR FEDERAL AID URBAN FUNDING D-7 RESOLUTION REQUESTING STATE DEPARTMENT OF TRANSPORTATION AND FEDERAL HIGHWAY ADMINISTRATION TO APPROVE FEDERAL AID URBAN PROJECT D-8 MODIFICATION OF MAINTENANCE AGREEMENT WITH STATE HIGHWAY DEPARTMENT FOR MAINTENANCE OF STATE HIGHWAYS IN CITY OF MORRO BAY D-9 APPROVAL OF FINAL TRACT MAP 729 E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ATTORNEY E-3 CITY ADMINISTRATOR MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 11, 1983 RECREATION HALL - 7 : 30 P . M DateLff\ Mayor Shelton called the meeting to order at 7 : 35 p.m. ROLL CALL PRESENT: STAFF: Eugene R. Shelton Rodger Jo Anderson John Lemons Bruce Risley Bud Zeuschner Paul Baxter Michael To LeSage Andy Anderson Dave Howell Gary Napper Gere Sibbach Bernie Zerr Peggy Buchanan Mayor Councilmember Councilmember Councilmember Councilmember ikction City Administrator City Attorney Public Works Director Police Chief Asst. to City Admin. Finance Director Fire Chief Deputy City Clerk • Mayor Shelton announced that the public hearing regarding OCS Lease Sale 73 would be continued after item A-10 Aa PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 REVENUE SHARING PROPOSED USE HEARING Mr. Baxter stated that this was the Public Hearing as required by the Federal Revenue Sharing Act, to accept public comments and suggestions regarding the City's use of Revenue Sharing monies for FY 83-84. Mro Baxter noted that if the Revenue Sharing is renewed for Fiscal Year 1983-84, the City would potentially have available approximately $2.38,0000 If the Revenue Sharing should not be renewed, the amount available would be approximately $50,000 Mayor Shelton opened the Public Hearing. Herminia Ward suggested that the Revenue Sharing monies be used for a continuation of the water pipeline replacement program. Councilmember Zeuschner moved that the Public Hearing be closed, as there were no further comments. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) MOTION: AYES: Zeuschner, Lemons, Anderson, Risley, Shelton NOES: None ABSENT: None 1 MORRO BAY CITY COUNCIL Regular Meeting - April 11, 1983 P age Two Councilmember Zeuschner felt that the top priority should be the implementation of the Water Management Plan, as well as replacement of water lines. Councilmember Lemons agreed, however he felt that the Revenue S haring monies should be used "in addition to" the normal budgeted amount. Councilmember Risley noted that there might be more leeway this year regarding allocation of the Revenue Sharing monies, and suggested that priorities not be set until Budget review time. Mayor Shelton felt that staff should be allowed the flexibility t o assure that any human needs that might arise, be funded, with emphasis placed on the water line replacement and water management program. CONTINUED PUBLIC HEARING REGARDING OCS LEASE SALE 73 Mayor Shelton stated that he was scheduled to make a presentation at 8:00 p.m. Wednesday evening, on behalf of the City of Morro Bay and requested authorization from the Council to use the prepared comments from the Planning Department as findings of the Morro Bay City Council. MOTION: Councilmember Zeuschner moved that the Council adopt subject to review by the Planning Director, findings as submitted by the Planning Department regarding the Draft Environmental Impact Statement for Lease Sale No. 73, as well as testimony received from the public with emphasis placed on Morro Bay's special water problems, as well as comments from Council. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: Zeuschner, Risley, Anderson, Lemons, Shelton NOES: None ABSENT: None Councilmember Zeuschner stated that the public should realize that this is just one step among many to come in combating this project, however it would serve well to make the officials aware of local feeling regarding this issue of offshore drilling in the Central Coast. Mayor Shelton again urged that the public submit written comments to the Mineral Mangement Service prior to April 25, 1983. 2 MORRO BAY CITY COUNCIL Regular Meeting - April 11, 1983 Page Three B. UNFINISHED BUSINESS B-1 APPROVAL OF AN ORDINANCE TO ADD CHAPTER 5.28 TO THE MORRO BAY MUNICIPAL CODE TO ESTABLISH A TV FRANCHISE AND SERVICES BOARD Mr. Baxter stated that this was the second reading of an Ordinance which would authorize Council to establish a TV Franchise and Services Board. Mr. Baxter recommended that Council move to read by title and number only and then to approve as a final reading. MOTION: Councilmember Zeuschner moved that Council authorize the City Clerk to read the Ordinance by title and number only. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) Mr. Baxter read the Ordinance by title and number only. MOTION: Councilmember Zeuschner moved that the Council adopt this ordinance as a final reading. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: Zeuschner, Risley, Shelton NOES: Anderson, Lemons ABSENT: None B-2 APPROVAL OF AN ORDINANCE TO EXTEND THE SIGN ORDINANCE AMORTIZATION SCHEDULE FOR ONE YEAR Mr. Baxter stated that this was the second reading of an Ordinance which would extend the amortization schedule for sign o rdiance compliance for one additional year. Mr. Baxter ✓ ecommended that Council approve the Ordinance for a second ✓ eading. MOTION: Mr. Baxter MOTION: Councilmember Lemons moved that Council authorize the City Clerk to read the Ordinance by title and number only. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) read the Ordinance by title and number only. Councilmember Lemons moved that the Ordinance be approved as a second reading. The motion was seconded by Councilmember Zeuschner and carried by the following roll call vote: 3 MORRO BAY CITY COUNCIL Regular Meeting - April 11, 1983 Page Four AYES: Lemons, Zeuschner, Anderson, Risley, Shelton NOES: None ABSENT:None B 3 PRESENTATION OF LATEST REVISION OF CONSTITUTION AND BY-LAWS FOR FORMATION OF HARBOR COMMISSION Mr. Baxter reviewed the staff report and recommendation regarding this matter, and explained that there were several areas of major policy change proposed in the new by-laws and proposed ordinance, and briefly reviewed these areas with Council. Mr. Baxter stated that he did not feel it would be appropriate to make a decision on this proposal until the new Public Works Director had a chance to review the documents. Mr. Cliff Smith, of the Harbor Advisory Board, stated that the document as drafted did not propose to change policy as Mr. Baxter stated, and suggested that perhaps it had been misinterpreted by staff during formation of the document. Mr. Smith stated that he had not seem a completed final draft. Mr. LeSage noted that one way for Council to maintain control over the actions of the proposed Commission would be to approve the minutes of their meetings, to oversee final action on any item. Mr. Ron Lipshay stated that it was not the intent of the By -Laws to take authority away from Council, and that establishment of fees would be made in conjunction with the Council and staff. Fred Deschler noted that one purpose of the proposed ordinance and by-laws, was to reduce the duplication of hearings and the amount of time required between the Harbor Advisory Board meetings and the Council. Mr. Jirn Olson suggested a joint meeting of the Council and the Harbor Advisory Board. Mrs. Herminia Ward felt that a Harbor Commission would be a good idea if structured similar to the Planning Commission Councilmember Anderson agreed that the amount of time and frustration between the Harbor Advisory Board meetings and the City Council meetings needed to be alleviated, but felt that the document as submitted needed clarification, and agreed that the new Public Works Director should participate in the decision making process. 4 MORRO BAY CITY COUNCIL Regular Meeting - April 11, 1983 P age Five Councilmember Risley noted that previous meetings proposed with t he Harbor Advisory Board had not been scheduled, and suggested t hat the meeting be combined with a discussion of general harbor safety as earlier requested. Council discussed possible meeting dates, and concurred that a 5:00 p.m. meeting on Mary 12th would be convenient. Councilmember Lemons noted several areas in the Ordinance and By - Laws that should be reviewed and noted that changes in policy would have to be considered. Mayor Shelton agreed and noted that there were staffing as well as economic implications proposed by these documents. Mr. Cliff Smith stated that he did not recognize the documents being discussed, and was not aware of the language contained in areas of the document. MOTION: Councilmember Lemons moved to refer the proposed O rdinance and By -Laws back to staff for further study and review by the Public Works Director and to prepare for a special meeting of the City Council and t he Harbor Advisory Board regarding this matter as well as a discussion of Harbor safety, and that the City Attorney be directed to review copies of the above mentioned documents. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) C. NEW BUSINESS C-1 FRIENDS OF THE LIBRARY REQUEST FOR SITE DESIGNATION Mr. Baxter reported that the Friends of the Library wished to have a permanent site designated by the Council, and had requested that Council meet in a study session to discuss various proposals for a site. Friends of the Library made a presentation to Council regarding their request for a designated site, the status of their fund drive; the County's proposed contribution to the project; as well as the benefits to the community that will be derived from this construction project. Mayor Shelton stated that he would like to hear staff's reasoning for preferring the Kennedy Way site. 5 MORRO BAY CITY COUNCIL Regular Meeting - April 11, 1983 P age Six Mr. Baxter noted that Council had previously designated this site in front of the Recreation Hall, and had also turned down the Senior Citizens request for the Harbor Street property. Mr. Baxter explained that the realignment of Kennedy Way would allow t he sites proposed for the Senior Citizens and the Library to be adjacent. It would also reserve the Harbor Street property for potential future development for City uses. Mr. John Kim stated that the Master Plan has not been reviewed by t he Council or staff and requested that a study session be held. Council discussed the pros and cons of the designation of the Harbor Street property for library purposes. Council concurred that a Study Session would be held on Monday, April 18, 1983, at 7:30 p.m. to discuss the various proposals for designation. C-2 HARBOR ADVISORY BOARD RECOMMENDATION TO COUNCIL THAT HARBOR P ATROL PERSONNEL HAVE COMPARABLE SALARIES TO POLICE AND FIRE P ERSONNEL Mr. Baxter stated that the Harbor Advisory Board had indicated their position regarding salaries for the Harbor Patrol Offiers and recommended that this information be received for file, as it was appropriate that such salary determination be made via the meet and confer process. Ron Lipshay, Harbor Advisory Board member, noted that the Harbor P atrol officers were dedicated employees, who often risked their lives in the course of duty, and noted that the Board felt that t hey should receive comparable educational incentives and pay. Mr. Baxter noted that the salaries of the Harbor Patrol Officers were comparable to that of fire fighters. MOTION: Councilmember Lemons moved that this matter to referred back to staff for the meet and confer process. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF _ MARCH 28, 1983, AND ADJOU ING OF APRIL 6, 1983 RNED MEET Mr. Baxter recommended that Council approve the above minutes as submitted. 6 MORRO BAY CITY COUNCIL Regular Meeting - April 11, 1983 Page Seven D-2 CITY OF MORRO BAY EXPENDITURE REPORT FOR MARCH 1983 Mr. Baxter recommended that Council approve the Expenditure Report for the month of March 1983 as submitted. D-3 CHAMBER OF COMMERCE EXPENDITURE REPORT FOR MARCH 1983 Mr. Baxter recommended that Council approve the Expenditure Report for the Chamber of Commerce in the amount of $1,413,22. D-4 PROCLAMATION OF APRIL 17-23 AS VICTIM'S RIGHTS WEEK Mr. Baxter recommended that Council authorize the Mayor to proclaim April 17 - 23, 1983, as Victim's Rights Week. D-5 CORRESPONDENCE REGARDING AB 766 REGARDING CABLE TELEVISION Mr. Baxter recommended that Council go on record to support AB 766 and authorize staff to notify legislators of this position. D-6 APPROVAL OF RESOLUTION APPROVING A COOPERATIVE PROCESS FOR DETERMINING PROJECT PRIORITIES FOR FEDERAL AID URBAN FUNDING Mr. Baxter recommended that Council approve the Resolution as submitted, approving a cooperative process for determining project priorities for Federal Aid Urban funding. D-7 RESOLUTION REQUESTING STATE DEPARTMENT OF TRANSPORTATION AND FEDERAL HIGHWAY ADMINISTRATION TO APPROVE FEDERAL AID URBAN FUNDING Mr. Baxter recommended Council approve the Resolution designating North Main Street from the Highway 1 underpass to Highway 41 as the City's FAU project, as submitted. D-8 MODIFICATION OF MAINTENANCE AGREEMENT WITH STATE HIGHWAY FOR MAINTENANCE OF STATE HIGHWAYS IN CITY OF DEPARTMENT MORRO BAY Mr. Baxter recommended that Council approve amendment no. 1 to the Department of Transportation Maintenance Agreement and authorize the Mayor and Clerk to sign on behalf of the City. D-9 APPROVAL OF FINAL TRACT MAP 729 Mr. Baxter stated that this was being pulled from the Consent agenda at the request of the City Attorney. 7 MORRO BAY CITY COUNCIL Regular Meeting - April 11, 1983 Page Eight Mr. Baxter stated that he had several items to add to the Consent Calendar as follows: D-10 CITY COUNCIL MINUTES OF APRIL 6, 1983 ADJOURNED MEETING Mr. Baxter recommended approval of the above minutes as submitted. D-11 COUNCIL OPPOSITION TO AB 1599 Mr. Baxter recommended that Council go on record to oppose AB 1599, relating to each City's share of regional housing needs and the potential for loss of gas tax revenue funds. Councilmember Lemons questioned item D-5, and felt that more information should be available regarding the effect of the legislation (AB 766) upon Council authority over the cable companies. Mayor Shelton requested that this item be returned to staff for further review. Council concurred. MOTION: Councilmember Risley moved that the Consent Calendar be approved excepting items D-5 and D-9, with the inclusion of the two added items, D-10 and D-11. The motion was seconded by Councilmember Zeuschner and carried by the following roll call vote: AYES: Risley, Zeuschner, Anderson, Lemons, Shelton NOES: None ABSENT: None Council then discussed item D-9, Final Tract Map 729. There were presentations from representatives for this development and comments from Mr. LeSage regarding a possible amendment to the language contained in the use permit conditions. MOTION: Councilmember Lemons moved that the Final Tract Map 729 be approvoed as submitted, with a request for a recommendation from the Planning Director regarding the proposed amendment to conditions. The motion was seconded by Councilmember Zeuschner and carried by the following roll call vote: AYES: Lemons, Zeuschner, Anderson, Shelton NOES: None ABSENT:. None ABSTAIN:R.isley 8 MORRO BAY CITY COUNCIL Regular Meeting - April 1, 1983 Page Nine E. INDIVIDUAL DETERMINATION AND/OR ACTION D-1 CITY COUNCIL Councilmember Zeuschner suggested that to reduce copying costs, a reading file should be set up for Council's information, rather than individual copies for each Councilmember. Councilmember Lemons requested that staff invesigate the possiblity of placing Yield signs at the intersections of Shasta and Marina, and Shasca and Driftwood, due to the large increase in accidents along those streets. Mr. Baxter stated that the Public Works and Police Department would report on this matter at the following meeting. Councilmember Lemons felt that the Council should place the matter of the Environmental Impact Statement for the proposed expansion of the Men's Colony on the Council agenda for the next meeting as it might have a tremendous impact on housing. Councilmember Zeuschner also requested that the County Evacuation P lan be considered at the following meeting. Councilmember Zeuschner requested the City Attorney to investigate the legality of the notice that Sonic Cable Television had recently sent to its subscribers, inferring that t he City was responsible for the deregulation and subsequent rate inequalities. Councilmember Risley suggested an executive session to discuss t he litigation between the Mitchells and the City. E-2 CITY ATTORNEY Mr. LeSage requested an executive session to discuss the Ashurst property and the negotiations with Mr. Thomas. E-3 CITY ADMINISTRATOR Mr. Baxter had no additional items. MOTION: Councilmember Zeuschner moved that the meeting be adjourned to closed session. Tne motion was seconded by Councilmember Lemons and carried unanimously. (5-00) The meeting was adjourned to closed session at 10:25 p.m. 9 MORRO BAY CITY COUNCIL Regular Meeting - April 11, 1983 Page Ten MOTION: MOTION: Mayor Shelton moved that the meeting be returned to Open Session at 10:44 p.m. The motion was seconded by Councilmernber Zeuschner and carried unanimously. (5-0) Councilmernber Lemons moved that the meeting be adjourned to April 18, 1983, at 7:30 p.m. in the City Hall Conference Room for a study session. RESPECTFULLY SUBMITTED, PEGGY BUCHANAN DEPUTY CITY CLERK 10