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HomeMy WebLinkAboutCC_1983-02-28 Regular Meeting MinutesA-6 B. B-1 B-2 B-3 C. C-1 C-2 D. D-1 D-2 D-3 MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 1983 RECREATION HALL - 7:30 P.M. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE - Horace Strong INVOCATION - Father O'Connor, St. Joseph's Catholic Church A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 CONSIDERATION OF INTENT TO SUBMIT A COMMUNITY DEVELOPMENT BLOCK GRANT TO THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR P ROPOSED SENIOR CENTER CONSTRUCTION PROJECT A-2 CONSIDERATION OF FRANCHISE AGREEMENT AND ORDINANCE FOR SONIC CABLE TELEVISION A-3 CONSIDERATION OF CASE NO. GPA 02-83, AN AMENDMENT TO THE GENERAL PLAN L AND USE ELEMENT CHANGING THE LAND USE DESIGNATIONS FOR VARIOUS P ROPERTIES TO CONFORM WITH THE DESIGNATIONS IN THE COASTAL LAND USE P LAN A-4 CONSIDERATION OF CASE NO. CUP 01-83 REQUEST BY RONALD MYERS FOR APPROVAL OF A CONDITIONAL USE PERMIT FOR ALTERATIONS TO THE EXISTING S TRUCTURE AND FACILITIES LOCATED ON LEASE SITE 18 AND 18W (78, 78W) AT 701 EMBARCADERO A-5 CONSIDERATION OF CASE NO. GPA 01-83, ADOPTION OF A SCENIC HIGHWAYS ELEMENT TO THE GENERAL PLAN, AND DELETION OF CERTAIN OUTDATED DISCRETIONARY ELEMENTS DESCRIBED AS THE CIVIC CENTER ELEMENT, THE P UBLIC SERVICES AND FACILITIES ELEMENT AND THE TRANSPORTATION ELEMENT, INCLUDING THE HARBOR PLAN (A PORTION OF THE TRANSPORTATION ELEMENT) DISCUSSION OF POTENTIAL USE OF MORRO BAY ELEMENTARY SCHOOL BY CITY OF MORRO BAY UNFINISHED BUSINESS P lanning Commission Response to Amusement Arcade Consideration Approval of Morro Bay Tidelands Settlement (cont. from 2/14/83) Approval of Ordinance amending Ordinance No. 237, in order to allow additional exceptions to the requirements of a Conditional Use Permit in the "CZ" Special Coastal Zone District (2nd reading) N EW BUSINESS Adoption of City Travel Policy Adoption of Personnel Rules and Regulations CONSENT CALENDAR Morro Bay City Council minutes from regular and adjourned meetings of Fe February 16, 1983 City of Morro Bay Expenditure Report for regular meeting of January 24th, bruary 14, and special meeting of month of January, 1983 Approval of labor relations management consultant contract D-4 Council concurrance with County of Mendocino's letter of opposition to Nuclear Waste Disposal in the Pacific Ocean D-5 Approval of Resolution in opposition to the licensing, loading and operation of Diablo Canyon Nuclear Power Plant D-6 Proclamation of Saturday, June 4, 1983, as National "Life. Be in it." Day D-7 Award of Bid for Project No. PW 83-55 - Storm Drain Project for Fiscal Year 1983-84 D-8 Resolution to obtain Federal financial assistance under the Disaster Relief Act D-9 Proclamation of March 13 - 19 as Camp Fire Birthday Week D-10 Proclamation of March, 1983, as American Red Cross Month E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ATTORNEY E-3 CITY ADMINISTRATOR MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 1983 RECREATION HALL - 7:30 P.M. Mayor Shelton called the meeting to order at 7:35 p.m. ROLL CALL PRESENT: STAFF: Eugene R. Shelton Rodger J. Anderson John Lemons Bruce Risley Bud Zeuschner P aul Baxter Michael LeSage Andy Anderson Murrel Crump Dave Howell Gary Napper Gere Sibbach S teve Wolter Bernie Zerr P eggy Buchanan Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney P ublic Works Director Comm. Dev. Director P olice Chief Assist. to City Admin. Finance Director Recreation Director Fire Chief Deputy City Clerk Horace Strong led the Pledge of Allegiance, and the invocation was offered by Father O'Connor, St. Joesph's Catholic Church in Cayucos. Mr. Crump noted that item A-3 pertained only to properties which fronted on Main Street, although notices had been sent to all properties within 300 feet surrounding the proposed lots. A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 CONSIDERATION OF INTENT TO SUBMIT A COMMUNITY DEVELOPMENT BLOCK GRANT TO THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR PROPOSED SENIOR CENTER CONSTRUCTION PROJECT Mr. Baxter reviewed this matter, and noted that Council had previously authorized staff to make application to the Federal Government for a Community Development Block Grant to construct a senior citizens center. However since this time, the State of California has assumed responsibility for release of funds. Staff is now seeking authorization to submit an additional application to the State to enhance the City's ability to receive funds. Mayor Shelton opened the Public Hearing. MORRO BAY CITY COUNCIL Regular Meeting - February 28, 1983 Page Two There were no public comments. Councilmember Zeuschner stated that the lack of public testimony should not be interpreted negatively, as the Council had heard previous positive comments on several prior occasions regarding this project. MOTION: Councilmember Anderson moved that the Public Hearing be closed. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None MOTION: Councilmember Anderson moved that Council adopt the Resolution authorizing staff to submit an application for Community Development Block Grant funds to the State of California. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: Anderson, Risley, Lemons, Zeuschner, Shelton NOES: None ABSENT: None Councilmember Risley requested that representatives from the Morro Bay Fisherman's Association be allowed to speak regarding the recent boating accident and Coast Guard inquiry. Mr. Gene Koblick stated that the Association had been asked to give testimony at the Coast Guard inquiry, and he read a statement he had prepared for that purpose. Mr. Joe Giannini spoke regarding the boating accident and the heroism of the Harbor Patrol officers, the Coast Guard, and many others who were involved in the rescue efforts. Mr. Giannini noted that some sort of recognition and commendation should be given to these people, and suggested gold and silver medals, along with plaques, and letters of commendation to all individuals and agencies who participated in the rescue effort. He estimated the cost of the medals suggested to be approximately $1,500. Mr. Giannini also suggested that a public meeting be held to recognize both the children and the rescuers for their bravery. Mr. Giannini suggested that this would also be an opportunity for input from the Fisherman's Association regarding Harbor Safety. Mayor Shelton stated that this item would be discused further under Individual Determination. MORRO BAY CITY COUNCIL Regular Meeting - February 28, 1983 Page Three A-2 CONSIDERATION OF FRANCHISE AGREEMENT AND ORDINANCE FOR SONIC CABLE TELEVIS ION Mr. Baxter reviewed the history of this matter, and noted that at previous Council meetings public testimony had been received and Council had directed that a redraft of the Franchise Agreement and Ordinance be prepared. Mr. Baxter noted that there were several areas of change in the new document, and described these areas in detail. Mr. Baxter also stated that some areas previously discussed had not been included, and explained the reasons for this decision. Mr. Bill Hargan, representative of Sonic, stated that Sonic had attempted to compromise on a number of areas, and noted that without this agreement, Sonic would be entitled to raise its rates to $9.00 under the State provision, however the rates would be $8.50 under the agreement. Mayor Shelton opened the Public Hearing. Jean Cartwright spoke regarding the poor reception from Sonic, and objected to the company's previous rate increases and their change from KQED to KCET. Mr. Charles Reasor objected to Sonic's use of amateur bands and stated that radiation leakage from Sonic's transmission lines interferred with ham radio operators transmission. Mr. Reasor also stated that Sonic had been cited by the FCC for leakage. Mr. Reasor suggested that the franchise be put out to bid. Bob Lane objected to the lack of adequate public access facilities and felt the contract took control away from both the City and the citizens. Mr. Lane reviewed areas of the contract he disagreed with, and suggested formation of a advisory committee to make recommendations to staff. Howard Gaines commented on the busines aspects of the cable television company, and felt that the City should not lock itself into a fifteen year agreement, as technology will continue to advance and might offer something better in the next few years. Hugo Hemp, Cypress Trailer Park, objected to the increase in the commercial rates for Mobilehome Parks. Mr. Hemp noted that he owns all his own equipment, and felt that there should be a discount in the rates for mobilehome parks. Jim Funk spoke regarding the poor reception and unresponsive service. Ray Kaltenbach agreed with Mr. Lane and also felt that this MORRO BAY CITY COUNCIL Regular Meeting - February 28, 1983 Page Four franchise should be put out to bid. Mr. Kaltenbach also complained about the poor reception. Peter Diffley stated that he felt the service was terrible, and the City should not commit to a 15 year franchise. Mr. Diffley n oted on -going litigation between Sonic and several local cities. Mr. Diffley also felt that the community should have more input ✓ egarding the operation of the cable system. Jan von Keogh opposed the draft Ordinance and Agreement and stated that the City should go to bid for this franchise. Judy Smith stated that while her reception and service were just fine and she had no complaints, she did feel that fifteen years w as too long of time for this franchise. Mr. Brazil related to Council his problems regarding his e quipment and Sonic's service. MOTION: Councilmember Zeuschner moved that the Public Hearing be closed. The motion was seconded by Councilmember Anderson and carried by the following roll call vote: AYES: Zeuschner, Anderson, Lemons, Risley, Shelton NOES: None ABSENT: None Councilmember Risley invited Mr. Hargan to respond to any of the testimony given by the public. Mr. Hargan stated that there was misinformation given, however he recognized that there were a number of complaints. Mr. Hargan stated that at previous meetings when Sonic had attempted to ✓ esolve problems brought forward during public testimony, they had not been allowed to have access to property, or were not given the opportunity to correct the problem. Mr. Hargan ✓ equested that any person who felt they were having a problem with their reception or service, give him their name and address and he would personnally investigate the problem. Mr. Hargan n oted that Sonic was constantly attempting to improve the system, and had purchased new microwave equipment just recently. Mr. Hargan also noted that under the new Agreement, Sonic would be willing to expend "at least' $85,000, rather than "up to" $85,000. Mayor Shelton discussed several items with Mr. Hargan, such as t he recent reception problems, the consequences of replacement of t aps and drops, and comments regarding service. MORRO BAY CITY COUNCIL Regular Meeting - February 28, 1983 P age Five Mr. Hargan noted that much of the recent reception problems had been caused by the weather, and that intense rain will disturb t he transmission of signals. He also felt that there would be an improvement in reception with the replacement of the taps and drops. Councilmember Risley asked Mr. Hargan to respond to the comments regarding ham radio operators. Mr. Hargan stated that Sonic had a legal right to use the t ransmission lines it was currently using, and that unless the FCC ordered them to change, they would continue to use these lines. Mr. Hargan also stated that if there was any leakage in t he lines, it was under the permissable limit, and that Sonic has attempted to resolve any conflict with the ham operators. Councilmember Risley asked for a response to the allegation that S onic's public access system was inadequate. Mr. Steve Burrell, from Sonic, stated that Sonic has equipment for access to Channel 6, and an agreement with Cuesta College for u se of their taping equipment. Mr. Burrell stated that their are n o restritions on what is allowed, as long as it is not obscene o r slanderous. Mr. Burrel stated that the material is not censored,nor does it have to meet any particular standards. Council discussed the public access facilities with Mr. Burrell and their availability. Mr. Burrel also noted that the agreement w ith Cuesta College is for use of not only the equipment but the technicians to run the equipment. Councilmember Lemons discussed the effect upon subscribers if the FCC ordered Sonic to discontinue use of the amateur band transmission line. Mr. Hargan noted that the effect would be an interruption of service to subscribers, and possibly a rate change. Mr. Hargan n oted that in his estimate, there were approximately 200 ham ✓ adio operators in the County, with approximately 18,000 Sonic subscribers. Mr. Lemons discussed the background of the draft Ordinance and Agreement presented. Mr. Baxter stated that in doing additional "digging" an Ordinance from the City of Santa Barbara had been referred to as well as information received from the City of Pismo Beach, and the City o f San Luis Obispo. MORRO BAY CITY COUNCIL Regular Meeting - February 28, 1983 Page Six Mr. Bob Lane stated that in rebuttal to Mr. Burrell's comments ✓ egarding the public access channel, he did not feel the equipment and facilities were adequate,nor were they easily accessible. Mr. Lane related a previous experience with Sonic ✓ egarding the public access channel, and stated that their transmission of the program he had taped was so poor it was barely viewable. Mr. Baxter reviewed the complaint procedure under the proposed Agreement, which would consisted of a written complaint to the City Administrator, and the requirement that Sonic respond within 24 hours to any complaint. Councilmember Risley noted that although some progress had been made, he was not satisfied with the document as presented, and felt that several areas were badly written. Councilmember Risley agreed with the suggestion that an advisory committee be established. Councilmember Zeuschner felt that other agencies should be contacted and also agreed that the City should pursue public bid. Mayor Shelton asked Sonic their reaction to public bidding. Mr. Hargan noted that they would compete for the bid, however he n oted that the City could ask for bids, or competing services any time under the non-exclusive franchise, and Sonic would have no o bjections. Mr. Hargan also noted that while there were many services available in cable television, these extra channels and services would cost quite a bit more for the subscriber. Mr. LeSage informed Council that due to a heavy workload and increased litigation, he had not had the opportunity to t horoughly review this document and would request additional time t o do so. MOTION: Councilmember Risley moved the the Public Hearing be closed. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) MOTION: Councilmember Risley moved that the Council advertise to establish a Cable Television Advisory Committee. Mayor Shelton seconded the motion. Councilmember Zeuschner asked the intent of the committee. Councilmember Risley stated that its charge would be to advise staff, to assist and investigate all options regarding cable TV MORRO BAY CITY COUNCIL Regular Meeting - February 28, 1983 Page Seven and to advise with technical expertise. Councilmember Zeuschner stated that he would be in favor of the committee, however, he noted that the advertisement for the committee could take place even with the contract in force. Councilmember Anderson noted that he would not object to the committee if it could also act as a 'hearing board" in a similar fashion to the Refuse Franchise Board. There was a brief discussion regarding the need for a committee. Councilmember Lemons offered a substitute motion: MOTION: Councilmember Lemons moved that the matter be continued until the next Council meeting to allow the City Attorney to review the documents. The motion was seconded by Councilmember Anderson and carried by the following roll call vote: AYES: Lemons, Anderson, Zeuschner, Shelton NOES: Risley ABSENT: None Councilmember Risley noted that if the Committee were needed, it would be a loss of time to not authorize it at this meeting. Councilmember Anderson felt that the committee should not be set up until a concrete idea of what its functions would be is developed. Councilmember Zeuschner asked if staff could develop a list of specific functions for the charge of the committee. Mayor Shelton directed staff to prepare a proposed framework for such a committee and its charge of duties. Council recessed briefly at 9:55 p.m. and reconvened at 10:05 p.m. A-3 CONSIDERATION OF CASE NO. GPA 01-83, AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT CHANGING THE LAND USE DESIGNATIONS FOR VARIOUS PROPERTIES TO CONFORM WITH THE IN THE COASTAL LAND USE PLAN DESIGNATIONS Murrel Crump noted that A-3 works in conjunction with item A-5, as they are both parts of one General Plan Amendment. Mr. Crump reviewed the staff report and noted that this would be a change in the Land Use Element of the General Plan, to bring it MORRO BAY CITY COUNCIL Regular Meeting - February 28, 1983 Page Eight in to consistency with the Coastal Land Use Plan. Mr. Crump reviewed the proposed areas for change, and explained the proposed uses for each area. Mr. Crump noted that staff is recommending approval of these changes as they make significant progress towards achieving General Plan -Coastal Plan consistency. Mr. Crump noted that the areas involved are all accessed from Main Street, and include Tourist Commercial, Light Industrial, Community Commercial, Service Commercial and Medium Density Residential designations. Mayor Shelton opened the public hearing. There were no coments from the audience. MOTION: Councilmember Risley moved that the Public Hearing be closed. 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 Councilmember Lemons questioned the City Attorney regarding a possible conflict of interest, in that he owns a parcel several blocks from one of the areas to be redesignated. Mr. LeSage stated that if there is no financial impact to Councilmember Lemons, different from that of other citizens, he would not have a conflict of interest. Mr. Lee Brazil stated that his property on Monterey Street had been downzoned earlier by the Planning Commission and he wanted t o object to any further downzoning. Mayor Shelton suggested that he get in contact with Mr. Crump regarding the procedures to follow Mr. Crump noted again that the areas proposed for redesignation t onight were all lots with access on Main Street. Councilmember Risley stated that he was impressed with the work of the Planning Commission and staff, but felt that there might be circulation problems in the areas to be designated medium d ensity residential. He suggested the Council should let the P lanning Commission and staff handle any problems of this type. MOTION: Councilmember Zeuschner moved that Council adopt the Resolution as submitted, approving the amendment to Q MORRO BAY CITY COUNCIL Regular Meeting - February 28, 1983 Page Nine the General Plan Land Use Element as submitted. 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 A-4 CONSIDERATION OF CASE NO. CUP 01-83, REQUEST BY RONALD MYERS FOR APPROVAL OF A CONDITIONAL USE PERMIT FOR ALTERATIONS TO THE EXISTING STRUCTURE AND FACILITIES LOCATED ON LEASE SITES 18, 18W (78, 78W) AT 701 EMBARCADERO Mr. Crump reviewed the staff report and stated that Council approval is required for this request, and that Council will also need to act as landlord for approval of the lease site improvements. Mayor Shelton opened the Public Hearing. Mr. Myers stated that he was basically requested approval to bring the building up to standards, so that a sublease could be arranged. Mr. Myers noted that he would be bringing a sublease agreement back to Council within the next month or two. Councilmember Risley stated he was impressed by the number of improvements to be made. MOTION: Councilmember Lemons moved that the Public Hearing be closed. The motion was. seconded by Councilmember Zeuschner and was carried unanimously. (5-0) Councilmember Risley inquired if the Leaseholder was current on his rent. Mr. Baxter stated that Mr. Myers was current with his rent, and has been consistently. MOTION: Councilmember Lemons moved that the Council approve the Conditional Use Permit Case No. 01-83 as conditioned and adopt the Resolution as submitted. The motion was seconded by Coucilmember Anderson and carried by the following roll call vote: AYES: Lemons, Anderson, Risley, Zeuschner, Shelton NOES: None ABSENT:None A MORRO BAY CITY COUNCIL Regular Meeting - February 28, 1983 Page Ten A-5 CONSIDERATION OF CASE NO. GPA 01-83, ADOPTION OF A SCENIC HIGHWAYS ELEMENT TO THE GENERAL PLAN, AND DELETION OF CERTAIN OUTDATED DISCRETIONARY ELEMENTS DESCRIBED AS THE CIVIC CE MENT, THE PUBLIC SERVICES AND - --- ELEMENT AND THE TRANSPORTATION ELEMENT INCLUDING PLAN (A PORTION RTATION ELEMENT) NTER ELE OF THE TRANSPO THE HARBOR Mr. Crump noted that this item is the second half of the General Plan Amendment approved in item A-3. Mr. Crump reveiwed the staff report for Council and noted that the draft of the Scenic Highways Element addresses local roads which have particularly scenic qualities, as well as that portion of Highway 1 in Morro Bay. Mr. Crump explained that the elements recommended for deletion are significantly outdated, and not consistent with the rest of the General Plan. Mayor Shelton opened the Public Hearing. There was no public testimony. MOTION: Councilmember Risley moved that the Public Hearing be closed. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) Councilmember Lemons commented that the road through the State Park was not within the City's maintenance boundary. Mr. Crump stated that this was an inventory of all scenic roads, regardless of their ownership. There was a discussion regarding bicycle routes through the City, and Councilmember Zeuschner stated that it was his feeling that a bike path should be designated through the Tidelands Park area, and along the Embarcadero. MOTION: Councilmember Zeuschner moved to amend the draft Scenic Highways Element by the addition of a locally proposed bicycle route to extend from the South portion of the Embarcadero to the Tidelands Park area. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) MOTION: Councilmember Zeuschner moved that Council accept and adopt the Resolution amending the General Plan by addition of the Scenic Highways Element as amended, by the previous motion and deletion of certain outdated, discretionary elements. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) 1 n1 MORRO BAY CITY COUNCIL Regular Meeting - February 28, 1983 Page Eleven A-6 DISCUSSION OF POTENTIAL USE OF MORRO BAY ELEMENTARY SCHOOL BY CITY OF MORRO BAY Mr. Baxter noted that this matter had been placed on the agenda at the request of Councilmember Zeuschner. Councilmember Zeuschner stated that he was seeking direction from the rest of the Council regarding the possibile use of the Morro Bay Elementary School, or the remodel of the existing City Hall. Mayor Shelton asked if there was a recommendation from the Committee. Councilmember Zeuschner stated that they did not have a recommendation, but had studied the feasibility of both projects and were now in need of further direction from Council. Mayor Shelton opened the Public Hearing. There were no comments from the audience. MOTI.ON: Councilmember Risley moved that the Public Hearing be closed. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) Councilmembers Anderson and Risley noted that they had not yet seen the report from Mr. Maul. Councilmember Zeuschner briefly reviewed the report and noted that the estimated cost of remodeling the Morro Bay Elementary was $425,0001 while the cost of expansion and remodeling of the existing City Hall would run about $1.26 million. Council discussed options for funding and the pros and cons of utilizing the elementary school vs. the existing City Hall. Councilmember Zeuschner noted that it was the committee's feeling that the School District would not want to sell the elementary school, but might consider a long term lease. There was additional conversation regarding the advantages of this type of move. MOTION: Councilmember Lemons moved that this matter be tabled for the present time. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) Councilmember Zeuschner noted that he would like to see a move towards creating a conference/meeting center in Morro Bay. 11 MORRO BAY CITY COUNCIL Regular Meeting - February 28, 1983 Page Twelve MOTION: Councilmember Zeuschner moved that the Mayor appoint a committee to investigate the possibility of creation of a conference/committee meeting facility. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) Councilmember Lemons noted that this committee should not require much staff time, as this was budget preparation time. Mayor Shelton stated that he would appoint Councilmember Zeuschner to head this committee and select 5 members to serve. Mr. Baxter asked if Council would consider a scaled down remodel of City Hall, to allow for additional working space, provided funding was available. Council stated they would be willing to listen to any proposal for such a project. B. UNFINISHED BUSINESS B-1 PLANNING COMMISSION RESPONSE TO AMUSEMENT ARCADE CONSIDERTAION Mr. Baxter informed Council that the Planning Commission had responded to the request for recommendations regarding the development of an amusement arcade ordinance by stating that they did not have sufficient time at the current moment to consider such an ordinance, and basically took no stand on the issue. Mr. Baxter felt that it would most likely be April before the Planning Commission's schedule was such that it would be able to work on such an ordinance. MOTION: Councilmember Zeuschner moved to table this matter. The motion died for lack of a second. Mayor Shelton stated that he was not satisfied with the Planning Commisison's response to this matter, and felt that this should be staffed and brought to Council for consideration, as it had been continued for several months now. Councilmember Lemons agreed, and felt that it was not a satisfactory solution to just continue the matter. MOTION: Mayor Shelton moved that Council direct staff to prepare a draft ordinance to be heard by the Planning Commission and then forwarded to Council. The motion was seconded by Councilmember Lemons and carried by the following roll call vote: MORRO BAY CITY COUNCIL Regular Meeting - February 28, 1983 Page Thirteen AYES: Shelton, Lemons, Anderson, Risley NOES: Zeuschner ABSENT: None B-2 APPROVAL OF MORRO BAY TIDELANDS SETTLEMENT Mr. LeSage stated that this matter had been continued from the previous meeting to allow Council the opportunity to review the Resolution approving the settlement. Mr. LeSge noted that Mr. Ogle had submitted a written approval recognizing the potential changes in the documents. MOTION: Councilmember Lemons moved that Council adopt the Resolution approving the Morro Bay Tidelands Settlement as submitted. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) B-3 APPROVAL OF ORDINANCE AMENDING ORDINANCE NO. 237, IN ORDER TO ALLOW ADDITIONAL EXCEPTIONS TO THE REQUIREMENTS OF A CONDITIONAL USE PERMIT IN THE "CZ" SPECIAL COASTAL ZONE DISTRICT (2ND READING) Mr. Baxter stated that this was the second reading of an ordinance which would allow additional exemptions to the requirements of a Conditional Ues Permit in the CZ zones. MOTION: Councilmember Lemons moved that this Ordinance be read by title and number only. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) Paul Baxter read the Ordinance by title and number only. MOTION: Councilmember Zeuschner moved that Council adopt this Ordinance as a final reading. 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 C. NEW BUSINESS C-1 ADOPTION OF A CITY TRAVEL POLICY Gary Napper reviewed the staff report with Council, and noted that the travel policy had last been revised in 1975. Mr. Napper stated that the revised policy would address concerns regarding insurance, travel authorization, family member accompaniment, and 11 MORRO BAY CITY COUNCIL Regular Meeting - February 28, 1983 Page Fourteen ✓ easonable travel expenses, as well as streamlining the process o f travel claims and vouchers. Mr. Napper noted that the maximum per diem allowed would be $29.00 per 24 hour day, although if unexpected or extraordinary e xpenses were incurred, these could be approved with substantiating documentation. Councilmember Zeuschner asked how this policy could be revised in the future. Mr. Napper stated that the per diem rates had been included in a Resolution separate from the Resolution establishing the policy, and thus could be easily revised by Resolution. Mr. Howard Gaines suggested that the City utilize the schedule of motel rates that the County of San Luis Obispo currently uses, and provided the City Administrator with a copy of these rates. Councilmember Risley questioned if this rate schedule had been considered in the formulation of the travel policy. Mr. Napper stated that he had reviewed the plan. Mr. Gene Koblick noted that the proposed per diem rates seemed accurate in comparison to those used by the State of California. Councilmember Lemons asked if there were provisions in the plan to cover extra expenses incurred. Mr. Baxter noted that there were, and this plan was to cover routine expenses. MOTION: Councilmember Zeuschner moved to adopt the Resolution e stablishing a travel policy for the City of Morro Bay as submitted. The motion was seconded by Councilmember Anderson and carried by the following ✓ oll call vote: MOTION: MOTION: AYES: Zeuschner, Anderson, Lemons, Risley, Shelton NOES: None ABSENT: None Councilmember Zeuschner moved that the Resolution setting per diem rates for the City be amended to include a Section B. to state that these rates be reviewed annually at budget preparation time. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) Councilmember Zeuschner moved that the Council adopt the Resolution setting per diem rates as amended. The motion was seconded by Councilmember Risley and carried by the following roll call vote: MORRO BAY CITY COUNCIL Regular Meeting - February 2.8, 1983 Page Fifteen AYES: Zeuschner, Risley, Anderson, Lemons, Shelton NOES: None ABSENT: None C-2 ADOPTION OF PERSONNEL RULES AND REGULATIONS This item was pulled from the agenda and will be rescheduled for the meeting of March 14, 1983. D. CONSENT CALENDAR D-1 MORRO BAY CITY COUNCIL MINUTES FROM REGULAR MEETING OF JANUARY 24TH, REGULAR AND 1 , SPECIAL MEETING OF FE 6, 1983 4 AND BRU ARY 1 Mr. Baxter recommended that the above minutes be approved as submitted. D-2 CITY OF MORRO BAY EXPENDITURE REPORT FOR MONTH OF JANUARY, 1983 Mr. Baxter recommended that Council approve the Expenditure Report for the month of January, 1983, as submitted by the Finance Director. D-3 APPROVAL OF LABOR RELATIONS MANAGEMENT CONSULTANT CONTRACT Mr. Baxter recommended that Council approve the agreement between the City and Becker and Bell and authorize the Mayor to sign on behalf of the City of Morro Bay. D-4 COUNCIL CONCURRANCE WITH COUNTY OF MENDOCINO'S LETTER OF OPPOSITION TO NUCLEAR WASTE DISPOSAL IN THE PACIFIC OCEAN Mr. Baxter recommended that Council concur with the County of Mendocino regarding dumping of nuclear waste and direct staff to convey Council's opinion to our Federal legislators. D-5 APPROVAL OF RESOLUTION IN OPPOSITION TO LICENSING, LOADING, AND OPERATION OF DIABLO CANYON NUCLEAR POWER PLANT Mr. Baxter recommended that Council urge the NRC to verify all safety features of the Diablo Canyon Nuclear Power Plant prior to licensing and fuel loading operations. D-6 PROCLAMATION OF SATURDAY, JUNE 4, 1983, AS NATIONAL "LIFE. BE IN IT" DA) MORRO BAY CITY COUNCIL Regular Meeting - February 28, 1983 Page Sixteen Mr. Baxter recommended that Council authorize the Mayor to proclaim Saturday, June 4, 1983, as National "Life. Be in it." Day. D-7 AWARD OF BID FOR PROJECT NO. PW 83-55 - STORM DRAIN PROJECT FOR FISCAL YEAR 1983-84 Mr. Baxter recommended that Council award the bid to C. Beecham Co. in the amount of $118,296.27, and that $6,296.27 be appropriated from account number 32-4948-000 to cover the amount not budgeted. D-8 RESOLUTION TO OBTAIN FEDERAL FINANCIAL ASSISTANCE UNDER THE DISASTER RELIEF ACT Mr. Baxter recommended that Council approve the Resolution as submitted. D-9 PROCLAMATION OF MARCH 13-19 AS CAMP FIRE BIRTHDAY WEEK Mr. Baxter recommended that Council authorize the Mayor to proclaim March 13-19 as Camp Fire Birthday Week. D-10 PROCLAMATION OF MARCH AS AMERICAN RED CROSS MONTH Mr. Baxter recommended that Council authorize the Mayor to proclaim March as American Red Cross Month. Councilmember Zeuschner noted one correction for the minutes of February 14, 1983, to change Red Cross to Salvation Army under the Individual Determination item. Councilmember Lemons requested that items D-4, D-5, and D-8 be pulled from the Consent Calendar for discussion. MOTION: Councilmember Risley moved that the Consent Calendar (Items D-1, D-2, D-3, D-6, D-7, D-9, and D-10) be approved, with item D-1 as amended. The motion was seconded by Councilmember Anderson and carried by the following roll call vote: AYES: Risley, Anderson, Lemons, Zeuschner, Shelton NOES: None ABSENT: None D-8 Resolution to obtain Federal financial assistance under the Disaster Relief Act Councilmember Lemons questioned the purpose of this Resolution 1G MORRO BAY CITY COUNCIL Regular Meeting - February 28, 1983 Page Seventeen and asked what damages the City had incurred to warrant Federal assistance. Mr. Napper stated that the Federal Disaster Assistance program had informed the City that in order for any private citizen to be available for assistance under the Disaster Relief Act, the City had to grant its approval. MOTION: Councilmember Zeuschner moved that item D-8 be approved as submitted, and that Council adopt the Resolution as written. 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 D-4 Council concurrance with County of Mendocino's letter of opposition to Nuclear Waste Disposal in the Pacific Ocean Councilmember Lemons stated that he had thought the Environmental Protection Agency was handling this matter, and did not believe it had been approved by anyone as of yet. Mr. Baxter stated that the matter came about after a proposal from the Navy to dump nuclear waste off the coast of Mendocino County had been recommended to the NRC. Mr. Koblick noted that the Pacific Fisheries Management Council, as well as many other agencies were in opposition to this proposal because of the unknown hazards. There was a short discussion regarding this item. MOTION: Councilmember Risley moved that item D-4 be approved and that Coucil authorize the City to transmit Council action to our Federal legislators. 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 D-5 Approval of Resolution in opposition to the licensing, loading, and operation of Diablo Canyon Nuclear Power Plant Councilmember Lemons stated that he objected to the second and third paragraphs of this Resolution, as he felt the information MORRO BAY CITY COUNCIL Regular Meeting - February 28, 1983 Page Eighteen was erroneous. Councilmember Lemons noted that he did not oject to the concluding paragraph of the Resolution, although he felt that this was being accomplished by PG&E currently. MOTION: Councilmember Risley moved that the second and third paragraphs be deleted from the Resolution, and that Council adopt it as so amended. The motion was seconded by Councilmember Anderson and carried by the following roll call vote: AYES: Risley, Anderson, Lemons, Zeuschner, Shelton NOES: None ABSENT: None E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL Councilmember Zeuschner noted that there would be a meeting of the California Downtown Association held in San Luis Obispo on March 24, 25, and 26, and recommended that Council authorize the attendance of a group of persons from Morro Bay. MOTION: Councilmember Zeuschner moved that Council authorize the attendance of a group of persons including 1 member of staff, a member of the Council, a representative of the Chamber of Commerce and the Merchants Committee. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) Councilmember Risley felt that a public hearing should be held to discuss the Harbor Safety issue, and noted that perhaps a special meeting date should be set. Mayor Shelton noted that the Harbor Advisory Board would be considering this matter. Mr. Baxter suggested that a concurrent meeting of the City Council and the Harbor Advisory Board be held. Council agreed with this suggestion and requested that a date be set for a joint meeting with the Harbor Advisory board, with the issue of Harbor Safety to be discussed. Mr. Giannini urged Council to take immediate action in commending the persons involved in the boat accident, and suggested that the children from Paso Robles be invited to this meeting. MOTION: Councilmember Risley moved that Council hold a Public Meeting with the Harbor Advisory Board and that MORRO BAY CITY COUNCIL Regular Meeting - Feburary 28, 1983 Page Nineteen notices be posted, and sent to all interested parties. The motion was seconded by Coucilmember Zeuschner and carried unanimously. (5-0) There was Council discussion regarding the commendation of the Harbor Patrol officers, and other agencies and individuals involved in the boating rescue. Councilmember Lemons suggested that the Carnegie Foundation be contacted for possible award for certain individuals. Mayor Shelton also noted that the Governor's office often issues citations and awards for valor. MOTION: Councilmember Zeuschner moved that the Council approve the recommendation of those persons listed in a Memorandum from the Fire Chief, for commendation for actions above and beyond the call o f duty, and that the Mayor authorize the e stablishment of a committee to identify these and o ther persons involved and bring this information back to Council. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) Mayor Shelton indicated he wanted Councilmembers Risley and Zeuschner to serve on this committee. Councilmember Zeuschner asked that Mr. Giannini be requested to join this committee to submit his ideas to Council, to which the Mayor concurred. Council discussed the possibility of holding a special meeting to award commendations to these persons. Mr. Baxter suggested that an earlier meeting prior to the regular meeting of March 14, could be used for that purpose. Council concurred that a meeting beginning at 7:00 p.m. the evening of March 14, 1983, should be held if possible. E-2 CITY ADMINISTRATOR Mr. Baxter noted that he had three items for Council consideration: 1) Mr. Baxter recommended that Council approve the expenditure of $250 towards the City's contribution to the OCS lawsuit. He explained that the matter had been appealed to the Supreme Court and the funds would come from General Fund contigencies. MOTION: Councilmember Lemons moved that Council approve the expenditure of funds as outlined above. The motion was seconded by Councilmember Anderson and carried 19 MORRO BAY CITY COUNCIL Regular Meeting - February 28, 1983 P age Twenty by a unanimous vote of Council. (5-0) 2) Mr. Baxter informed Council that correspondence had been received from Alien Grimes regarding settlement of the Peter's ✓ s. Morro Bay litigation, and recommended that Council authorize the transfer of funds from General Fund contingencies in the amount of $2,644. MOTION: Councilmember Risley moved that the Council authorize the expenditure of funds as stated above, in the matter of the Peter's vs. Morro Bay litigation. The motion was seconded by Councilmember Zeuschner and carried by the following roll call vote: AYES: Risley, Zeuschner, Shelton NOES: Anderson, Lemons ABSENT: None Councilmember Lemons noted that Mr. Peter's had been advised not t o participate in this matter because of possible conflict of interest, however he had persisted. Then, when the City elected t o settle the litigation, Mr. Peter's chose not to go along with the settlement, and incurred additional legal expenses of his own ✓ olition. Councilmember Lemons objected. to the settlement of this litigation. Mayor Shelton noted the potential cost to the City if the litigation were to continue. 3) Mr. Baxter noted for Council's information that no applications had been received for the Refuse Franchise Board ✓ acancy, however the City would continue to accept applications u p to the last moment. E-3 CITY ATTORNEY Mr. LeSage noted that Gerald Mason would be handling the Cabrillo litigation, as Mr. LeSage had been a previous law partner with Mr. Mitchell, a party in the case, and did not want any suspiscion of confict of interest brought up. There was a brief discussion regarding the Coast Guard hearing, and Mr. LeSage stated that Mr. David vonTerStegge, who had ✓ epresented the City employees, had provided good legal protection. MOTION: Councilmember Lemons moved that the meeting be adjourned. The motion was seconded by Mayor Shelton and carried unanimously. (5-0) 20 MORRO BAY CITY COUNCIL Regular Meeting - February 28, 1983 Page Twenty One The meeting was adjourned at 12:35 a.m. RESPECTFULLY SUBMITTED, /3 PEGHANAN DEPUTY CITY CLERK 21