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HomeMy WebLinkAboutCC_1983-09-22 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1983 RECREATION HALL - 7:30 P.M. ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION - Jim Kennamur, First Christian Church PRESENTATION: Presentation of Certificate of Appreciation to John Wolski, for volunteer services at Coleman Park A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 Consideration of revisions to Parkland Dedication Ordinance for Subdivisions in Morro Bay A-2 Ordinance Amending the Contract between City and the California Public Employee's Retirement System A-3 Case No. LUP 01-83. Consideration of A Proposed Amendment to LUP to change land use designations in several areas of City B. UNFINISHED BUSINESS B-1 Report from Public Works Director regarding Beach Street improvements B-2 Report regarding Community Promotions Fund guidelines B-3 Consideration of Change of Policy for Computation of Water Rates for Mobile Home Parks C. NEW BUSINESS C-1 Citizens Petition regarding alleged safety hazard adjacent to Estero Methodist Church C-2 Request for Quit Claim from owners of property at 3460 Toro Lane C-3 Resolution requesting Coastal Commission to exempt certain developments from Coastal Permits C-4 Award of Bid for City Custodial Services C-5 Request for advance of funds from Harbor Festival Committee C-6 Appeal request of Larry Hutchison to findings of Building Official regarding unsafe dock at 901 Embarcadero D. CONSENT CALENDAR D-1 City Council minutes from adjourned meeting of August 16th, and regular meeting of August 22, 1983 D-2 Chamber of Commerce monthly report for August, 1983 D-3 Resolution Commending Cuesta College on their 20th Anniversary D-4 Honorarium for Morro Rock Design D-5 Resolution requesting NRC consider testimony re: Diable Canyon Nuclear Power Plant given at October 24, 1983 Hearings in San Luis Obispo D-6 Approval of Contract for Property Management Services D-7 Award of Bid for Maintenance Asphalt Supply D-8 D-9 D-10 D-11 D-12 D-13 I7-14 D-15 E. Approval of Tract Map #951 - Sea Harbor Villas Update of FAU Boundary limits Reappropriation of Encumbrances at June 30, 1983 Proposed Task Order No. 3, Wastewater Treatment Plant Construction Management Purchase of North Coastal vehicles Proposed Task Order No. 3, Wastewater Treatment Plant Office Engineering Services Coastal Conservancy contract amendment extending term of agreement to 1/31/84 City of Morro Bay request to enter Morro Dunes Lease Site INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ATTORNEY E-3 CITY ADMINISTRATOR MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1983 RECREATION HALL - 7:30 P o M f, atNDANO. Date 9/24 Action Mayor Shelton called the meeting to order at 7:30 porno ROLL CALL PRESENT: STAFF: Eugene Ro Shelton Rodger Anderson John Lemons Bruce Risley Bud Zeuschner Paul Baxter Mike L e S a g e Murrel Crump Gary Napper Nick Nichols Gere Sibbach Steve Wolter ABSENT: Dave Howell Bernie Zerr Mayor Co unc i lrnembe r Councilinember Councilinember Councilinember City Administrator City Attorney Community Development Dir. Asst. to City Adinin o Public Works Director Finance Director Recreation Director Police Chief Fire Chief The Pledge of Allegiance was led by Ray Kaltenbach, and the Mayor suggested a minute of silence in place of the Invocation. P RESENTATION: Mayor_ Shelton presented a Certificate of Appreciation to Mr o John Wolski for his volunteer services at Coleman Park. Councilinember Zeuschner presented the Mayor with a bronze medallion from the U.S. Olympic Committee to commemorate L"iorro Bay's participation in the upcoming Golden Gate to Spruce Goose P owerboat race P aul Baxter introducted the City's new accountant, Shirley Sommers A. PUBLIC HEARINGS, REPORTS & APPEARANCES 1 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1983 P AGE TWO A-1 CONSIDERATION OF REVISIONS TO PARKLAND DEDICATION ORDINANCE FOR SUBDIVISIONS IN MORRO BAY Mr. Wolter presented the staff report, and noted that recent amendments to the Quimby Act had been passed by the California State legislature, regarding in -lieu fees charged for parkland dedication. Mr. Wolter noted that there had been no fee change in the Morro Bay Ordinance since 1966. Mr. Wolter stated that a draft Ordinance had been prepared which would reflect changes enacted since that time. Mayor Shelton opened the Public Hearing. There were no questions or comments from the audience. MOTION: Councilmember Anderson moved to close the Public Hearing. Councilmember Risley seconded the motion and it carried unanimously. (5-0) Councilmember Risley stated that he felt this was excellent work and was in support of the Ordinance. Councilmember Lemons discussed with Mr. Wolter various aspects of t he Ordinance, including the amount of acreage set aside in the Recreation Element for park purposes, and the use of in -lieu monies. Mr. Wolter noted that the Ordinance requires 3 acres of parkland per thousand population, but noted that the Council could set that number as high as 5 acres per thousand according to state law. Mr. Wolter also stated that the in -lieu monies were used for park facility improvements and maintenance. Councilmember Lemons questioned what types of development would h ave to pay this in -lieu fee. Mr. Wolter stated that any project that was creating new parcels would fall under the state legislation. There was additional discussion regarding the amount of park area required and the standards for dedication of parkland. S teve Wolter noted that the only change required by legislation is the 2 acres per fifty requirement for dedication. Mr. Crump explained that the legislation actually placed a cap on t he amount of area required for dedication. 2 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1983 PAGE THREE Council discussed potential uses for the in -lieu fees. MOTION: Councilmember Risley moved that the Ordinance be read by title and number only. The motion was seconded by Councilmember Zeuschner. Mr. LeSage stated that he had several changes to the Ordinance and requested that it be continued to allow him the opportunity to review the changes with Mr. Wolter. Councilmember Risley and Councilmember Zeuschner agreed to withdraw their motion. MOTION Councilmember Lemons moved to continue the Public Hearing for this draft Ordinance to the meeting of September 26, 1983. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) A-2 ORDINANCE AMENDING THE CONTRACT BETWEEN THE CITY AND THE CALIFORNIA PUBLIC EMPLOYEE'S REITREMENT SYSTEM Mr. Baxter stated that this Ordinance is to amend the contract between the City and the California Public Employee's Retirement System. Mr. Baxter stated that the contract approved with the Fire employees included 1959 survivor benefits for fire employees and this is the draft ordinance to implement those benefits. Mayor Shelton opened the Public Hearing. There were no questions or comments regarding the item. MOTION: Councilmember Risley moved to close the Public Hearing. The motion was seconded by Councimember Lemons and carried unanimously. (5-0) Councilmember Risley spoke in favor of the item. MOTION: Councilmember Lemons moved that the Ordinance be read by title and number only. The motion was seconded by Councilmember Zeuschner and carried by the following the roll call vote: AYES: Lemons, Zeuschner, Anderson, Risley, Shelton NOES: None ABSENT: None 3 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1983 P AGE FOUR Mr. Baxter MOTION: MOTION: read the Ordinance by title and number only. Councilmember Zeuschner moved that the Ordinance be adopted for its first reading. Councilmember Risley seconded the motion and it was carried by the following roll call vote: AYES: Zeuschner, Risley, Anderson, Lemons, Shelton NOES: None ABSENT: None Councilmember Lemons moved that the Resolution of Intent be adopted as submitted. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) A-3 CASE NO. LUP 01-83 - CONSIDERATION OF A PROPOSED AMENDMENT TO LUP TO CHANGE LAND USE DESIGNATIONS IN SEVERAL AREAS OF CITY Murrel Crump reviewed the staff report as prepared for Council. Mr. Crump noted that staff had discovered several errors and inconsistencies within the certified LUP, and as a means of ✓ esolving these problems, staff is proposing several changes to t he map. Mr. Crump reviewed the ten areas of changes proposed, and provided the reasons for the change or correction. Mr. Crump ✓ ecommended that the Council approve the amendments and direct staff to forward them to the Coastal Commission. Mayor Shelton opened the Public Hearing. Ray Biering, representing Frank and Judi Smith, spoke in t he proposed change for Area 7, and stated that the property was located at 1556 Main Street. Mr. Biering t he Council that by allowing a temporary or 'interim" ✓ isitor serving commercial, the property would be benefit the City and the property owners. favor of Smith's informed use of ing both Ernie Miller stated that the change proposed in Area 10 would be a down -zoning for many residents, and stated that areas such as O live Street should not be included. Mr. Crump stated that Olive Street was not included in this amendment. 4 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1983 PAGE FIVE MOTION: Councilmember Zeuschner moved that the Public Hearing be closed. The motion was seconded by Councilmember L emons and carried unanimously. (5-0) Councilmember Risley questioned the fact that many homes would become non -conforming after this amendment was approved, and felt that the residents should be allowed to rebuild in the case of fire, or other disaster. Mr. Crump stated that the process would be to anticipate the life of the structure at 40 years, and allow rebuilding during that timeframe. There was structures. Council make-up of the well as the contributed to additional discussion regarding non -conforming discussed Area 10 in particular, and the residential n eighborhood. Mr. Crump stated that lot size e xpressed desire of many property owners the Planning Commission recommendation. as had MOTION: Councilmember Risley moved that the Council adopt the Resolution approving the amendments to the Land Use P lan as submitted, and authorize staff to submit the changes to the Coastal Commission. The motion was seconded by Councilmember Zeuschner and carried by t he following roll call vote: AYES: N OES: ABSENT: Risley, Zeuschner, Anderson, Lemons, Shelton None None Council recessed briefly at 8:50 p.m. and reconvened at 9:03 p.m. B. UNFINISHED BUSINESS B-1 REPORT FROM PUBLIC WORKS DIRECTOR REGARDING BEACH STREET IMPROVEMENTS Mr. Baxter stated that the Public Works Director had prepared a ✓ eport indicating that there is no verification that the City is ✓ esponsible for any additional improvements to the Beach Street property. Mr. Baxter stated that correspondence had been ✓ eceived from the Dorn's, requesting that this matter be continued until they returned from out-of-state. Mr. Baxter ✓ ecommended that the matter be continued. 5 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1983 PAGE SIX Councilmember Zeuschner stated that if the City was not required t o take any further action, he did not feel additional hearings were necessary. Howard Gaines stated that there had been no new evidence and the matter should not be delayed any further and the City should direct the Dorn's to complete the project. MOTION: Councilmember Zeuchner moved that the staff report be accepted. The motion was seconded by Councilmember Risley. The motion died by a 2-3 vote. Councilmember Lemons stated that the Council should offer the same courtesy to the Dorn's that they would to any other applicant, and should continue the matter until they can be present. Councilmember Zeuschner stated that this motion would not prevent t he Dorn's from providing any additional testimony at a later d ate. Councilmember Lemons felt that the Council should wait before t aking any action until the Dorn's return. Councilmember Anderson agreed that the item should be continued. MOTION: Mayor Shelton moved that the item be agendized for the meeting of October 24, 1983, as Unfinished Business. The motion was seconded by Councilmember Risley and carried unanimously. Councilmember Zeuschner suggested that a copy of the staff report be mailed to the Dorn's. B-2 REPORT REGARDING COMMUNITY PROMOTIONS FUND GUIDELINES Mr. Baxter stated that staff had prepared a draft of guidelines for the expenditure of the $40,000 allocated by Council earlier for community promotions. Mr. Baxter noted that the report outlines goals and objectives, but requested that Council provide specific direction regarding the expenditure of the funds. Councilmember Anderson stated he was concerned about 'piecemealing" the money out, and felt that the total sum should be used for professional promotions of the City. 6 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1983 P AGE SEVEN Mayor Shelton agreed that professional promotion might be the way t o go, but also noted that the City of Pismo Beach had also had success promoting individual activities and community groups. Councilmember Risley felt that the promotion should be done in a w ay to attract the tourists, but also taking the feelings of the ✓ esidents into consideration. Councilmember Risley suggested t hat the $40,000 be split with 50o to go to a professional Promotion and 50o to individual local activities. Councilmember Zeuschner felt that the bulk of the money should be placed in professional promotions. Councilmember Zeuschner noted that since this year is already under way, perhaps the split could be about 75% to professional promotion, with 25% to individual local requests. Councilmember Zeuschner felt that the guidelines prepared by staff should be adopted as a working document, and at least 60- 750 of the funds used for professional promotions. There was additional discussion regarding the amount to be allocated for professional promotions. MOTION: Councilmember Risley moved that the Council earmark $25,000 for professional promotional activity, and direct staff to solicit proposals from at least three firms. The motion died for lack of a second. There was discussion regarding alternate methods of community promotion and several sugggested amendments to the guidelines w ere presented. MOTION: Councilmember Zeuschner moved that the Council accept t he staff report as a working document for t he promotional fund, with amendments as noted, and t hat a committee be set up to investigate alternate methods of community promotion, with Councilmember Anderson chairing. The motion was seconded by Councilmember Anderson. Council then discussed the role of the committee in developing and refining the goals and objectives. Hugo Hemp felt that the Chamber and Motel Association should do t he promotion and the City should not get involved. 7 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1983 P AGE EIGHT Bob Ward felt that the knowledge in the community should be used t o promote the City. A roll call vote was taken on Councilmember Zeuschner's motion: AYES: Zeuschner, Anderson, Lemons, Risley, Shelton NOES: None ABSENT: None MOTION: Councilmember Zeuschner moved that the Council earmark approximately $30,000 for professional promotional activities. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) Councilmember Anderson suggested that the $10,000 remaining be used for promotion only, and not for operational expenses of any activity or group, and that records and documentation be submitted for all expenditures. Council concurred with these guidelines. B-3 CONSIDERATION OF CHANGE OF POLICY FOR COMPUTATION OF WATER RATES FOR MOBILE HOME PARKS Mr. Sibbach stated that the City had received a letter from Cypress Trailer Park, alleging that the water rates were inequitable, and penalized mobile home parks. Mr. Sibbach stated t hat the staff had examined the water useage and billings for mobile home parks, and found that differences do exist because of the rate structure. Mr. Sibbach stated that staff had prepared several options and methods of recovery of lost revenue. Mr. Baxter stated that a decision would need to be made tonight, so that there would be adequate time for Mr. Sibbach to reprogram t he billing on the computer. Councilmember Risley felt that it was too early to start restructuring the water rates, and we should allow more time to completely analyze the rate structure. Councilmember Lemons felt that an inequity did exist and should be corrected. 8 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1983 P AGE NINE Councilmember Zeuschner did not feel that the rate difference was very great, and noted that the mobilehome residents paid a lower sewer rate. Councilmember Zeuschner felt that no change should be made. Councilmember business and premises. MOTION: Risley also noted that the mobilehome parks are a have such things as commercial laundries on the Councilmember Zeuschner moved that the report be ✓ eceived for file. The motion was seconded by Councilmember Risley and carried by the following ✓ oll call vote: AYES: N OES: N ONE: C. NEW BUSINESS Zeuschner, Risley, Anderson, Shelton Lemons None C-1 CITIZENS PETITION REGARDING ALLEGED SAFETY HAZARD ADJACENT TO ESTERO METHODIST CHURCH Mr. Baxter stated that a petition had been received from a number o f residents in the vicinity of the Hemlock and Sequoia intersection regarding an alleged safety hazard caused by the u npaved parking area belonging to the Estero Methodist Church. Mr. Baxter stated that dirt and gravel has repeatedly washed into t he intersection and the residents claim it is hazardous. Mrs. Collier, representative of the Church, stated that they had n ot seen any petition, nor heard from the City regarding this problem. Mrs. Collier also felt, that since the parking lot was u sed as a street between Hemlock and Sequoia, that the only alternative to the Church would be to barricade the street from t raffic. N ick Nichols noted that the street has been barricaded and is no longer passable. He was not sure this would correct the drainage problem but it should correct the majority of the other problems. There was additional discussion regarding the barricades, and o ther alternatives. 9 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1983 PAGE TEN Mr. LeSage stated that the City's policy is not to accept streets until they are improved to City specifications and requested the matter be returned to staff for their review. Council concurred and asked for a report back only if problems continued. Councilmember Lemons felt that the City should provide the barricades to assure that they are correctly placed and well ✓ isible. Mr. Baxter stated that perhaps the Public Works Department can assist the church in their placement of barricades. C-2 REQUEST FOR QUIT CLAIM FROM OWNERS OF PROPERTY AT 3460 TORO LANE Mr. Baxter stated that a request had been received from property o wners on Toro Lane for a quit claim exchange similar to that the City exchanged with the Kamiens, concerning the east -west portion o f Toro Lane. Mr. Baxter recommended that Council authorize staff to prepare the necessary documents. MOTION: Mayor Shelton moved that Council adopt the staff recommendation. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) C-3 RESOLUTION REQUESTING COASTAL COMMISSION TO EXEMPT CERTAIN DEVELOPMENTS FROM COASTAL PERMITS Mr. Crump presented the staff report requesting the exclusion of single family residences in R-1 zones from Coastal Development permits. Mr. Crump noted that the Coastal Act allows certain exclusions, and explained that this would reduce time for staff and for the applicant in permit processing. MOTION: Councilmember Risley moved that Council adopt Resolution requesting exclusion of certain Coastal Develoment permit. The motion was by Councilmember Zeuschner and carried following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Risley, Zeuschner, Lemons, Shelton N one N one Anderson the areas seconded by the 10 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1983 P AGE ELEVEN (Councilmember Anderson abstained as a property owner in one of t he areas concerned.) C-4 AWARD OF BID FOR CITY CUSTODIAL SERVICES Mr. Baxter stated that bids had been received for City Custodial S ervices, and the low bidder was Coastal Carpet Cleaners (new name - Advanced Cleaning Systems) for $2,150 per month. Mr. Baxter recommended that Council approve the low bid as submitted. MOTION: Councilmember Zeuschner moved that the low bid from Coastal Carpet Cleaners (Advanced Cleaning Systems) be accepted, and the Resolution adopted as submitted. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) Councilmember Risley questioned whether this was a change in service companies. Mr. Wolter stated that it was a change in service companies as well as an expansion of their duties. C-5 REQUEST FOR ADVANCE OF FUNDS FROM THE HARBOR FESTIVAL COMMITTEE Mr. Baxter stated that a request had been received from the Harbor Festival Committee for $1,352 for payment of various advertising media. Mr. Baxter recommended that this request be ✓ eviewed in relation to the criteria established earlier. Councilmember Zeuschner stated that most of the items in the ✓ equest fall within the promotional guidelines. MOTION: Councilmember Zeuschner moved that the Council reduce t he amount to be awarded to $1,305, and direct that t he the Harbor Festival Committee provide verification of expenditure to be approved by the Finance Department before payment is made per the criteria sheet preliminarily adopted.The motion was seconded by Mayor Shelton and carried unanimously. (5-0) Council recessed briefly at 11:20 p.m. and reconvened at 11:35 p.m. 11 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1983 PAGE TWELVE C-6 APPEAL REQUEST OF LARRY HUTCHISON TO FINDINGS OF BUILDING OFFICIALS REGARDING UNSAFE DOCK AT 915 EMBARCADERO Mr. Baxter stated that the City had received an appeal from Mr. L arry Hutchison regarding the findings of the Building Official ✓ elating to his dock at 915 Embarcadero. Mr. Baxter stated that the Building Official had found the dock to be unsafe. Mr. Baxter recommended that Council receive the appeal and set a d ate for a Public Hearing. Mr. LeSage stated that the City would work in the meantime to ✓ esolve safety problems with Mr. Hutchison. Councilmember Risley asked if the rent for this site was current. Mr. Baxter stated that approximately $4,400 was past due. Mr. LeSage explained that the City had sought a temporary ✓ estraining order to prevent use of the dock, and this use should n ot be allowed until safety problems have been corrected. Councilmember Risley felt that the Council should not consider any request from the leaseholder until the past due rent is paid. Mayor Shelton objected and stated that it would be unreasonable t o expect the leaseholder to pay rental when he is being prevented from operating his business. Mayor Shelton stated that he was having serious problems with stopping use of this dock, and noted that he had visited the site and did not feel that the dock was that unsafe. Mr. Baxter stated that this would be the purpose of setting the P ublic Hearing, to allow testimony to be presented on both sides. Mr. Baxter noted that the applicant has had almost a month to correct the problem and has not made any attempt to contact the City for a permit. Mr. Baxter noted that the main concern was the safety aspect of t he dock, and the potential liability on the City's part. Mr. Baxter also informed Council that the applicant did not have current insurance. Mr. Ivan Rosenberg spoke for Mr. Hutchison, and stated that it w as his feeling that poor communication existed between the City and Mr. Hutchison, and that the City had not acted in good faith n or had they kept Mr. Hutchison informed of the action expected o f him. Mr. Rosenberg felt that the City had deceived Mr. 12 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1983 P AGE THIRTEEN Hutchison. Mr. Rosenberg referred to material handed out by Mr. Hutchison and noted that a copy of current insurance had been included. Mr. LeSage stated that the City had many concerns regarding this site, but the one before Council now was the condition of the dock. Mr. LeSage noted that the insurance did not include the City as co-insured, nor does it list both lease sites. Mr. Rosenberg assured Council that these conditions do exist with t he insurance and promised to have a corrected copy forwarded. Mr. LeSage indicated that the problem was basically simple and t hat as soon as the dock is repaired, the applicant can resume u se of it. Mr. Rosenberg felt that the City should provide a detailed e xplanation of what corrections needed to be made. Mr. Baxter suggeted that Mr. Hutchison get in touch with the Building Department and they would provide this information to h im. There was additional discussion between Council and Mr. Rosenberg. Councilmember Lemons felt that staff was acting appropriately and t hat the Building Official was a professional and in his professional opinion, the dock was unsafe. Councilmember Risley concurred, and noted that the injunction should not be lifted until the dock is repaired completely. Mr. Hutchison stated that he had contacted the City previously and had not received cooperation from City Hall. MOTION: Councilmember Zeuschner moved that Council set the date for a Public Hearing for an appeal by Mr. Hutchison to the findings of the Building Official for Monday, September 26, 1983, at 7:30 p.m. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: Zeuschner, Risley, Anderson, Lemons NOES: Shelton ABSENT: None 13 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1983 PAGE FOURTEEN D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES FROM ADJOURNED MEETING OF AUGUST 16TH, AND REGULAR MEETING OF AUGUST 22, 1983 Mr. Baxter recommended that Council approve the minutes of the above meetings as submitted. D-2 CHAMBER OF COMMERCE MONTHLY REPORT FOR AUGUST, 1983 Mr. Baxter recommended that Council accept the Chamber of Commerce Activity Report for August, 1983. D-3 RESOLUTION COMMENDING CUESTA COLLEGE ON THEIR 20TH ANNIVERSARY Mr. Baxter recommended that Council approve the Resolution as submitted. D-4 HONORARIUM FOR MORRO ROCK DESIGN Mr. Baxter recommended that Council authorize staff to send a letter of thanks to submittor in lieu of honorarium. D-5 RESOLUTION REQUESTING NRC CONSIDER TESTIMONY REGARDING DIABLO CANYON NUCLEAR POWER PLANT GIVEN AT OCT. 24, 1983 HEARINGS IN SLO Mr. Baxter recommended that Council approve the Resolution as submitted. D-6 APPROVAL OF CONTRACT FOR PROPERTY MANAGEMENT SERVICES Mr. Baxter recommended that Council approve the contract as submitted. D-7 AWARD OF BID FOR MAINTENANCE ASPHALT SUPPLY Mr. Baxter recommended that Council approve the bid and award to Kaiser Sand and Gravel as submitted. D-8 APPROVAL OF TRACT MAP #951 - SEA HARBOR VILLAS Mr. Baxter recommended that Council approve Tract Map #951 as submitted. 14 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1983 PAGE FIFTEEN D-9 UPDATE OF FAU BOUNDARY LIMITS Mr. Baxter recommended that Council approve the Resolution u pdating FAU Boundary Limits as submitted. D-10 REAPPROPRIATION OF ENCUMBRANCES AT JUNE 30, 1983 Mr. Baxter recommended that Council adopt the Resolution ✓ eappropriating encumbrances and cancelling the related reserve for encumbrances at June 30, 1983 as submitted. D-11 PROPOSED TASK ORDER NO. 3 WASTEWATER TREATMENT PLANT CONSTRUCTION MANAGEMENT Mr. Baxter recommended that this item be pulled. D-12 PURCHASE OF NORTH COASTAL VEHICLES Mr. Baxter recommended that Council authorize the expenditure of u p to $12,200 for purchase of the City's share of JPA vehicles, w ith funds to come from the City's LTF (SB325) allocation for FY 83-84. D-13 PROPOSED TASK ORDER NO. 3, WASTEWATER TREATMENT PLANT OFFICE ENGINEERING SERVICES Mr. Baxter recommended that Council approve the Agreement for Task Order No. 3 as submitted, and authorize staff to execute the n ecessary documents. D-14 COASTAL CONSERVANCY CONTRACT AMENDMENT EXTENDING TERM OF AGREEMENT TO 1/31/84 Mr. Baxter recommended that Council authorize the agreement between the City and the Conservancy as submitted. D-15 CITY OF MORRO BAY REQUEST TO ENTER MORRO DUNES LEASE SITE Mr. Baxter recommended that Council ratify the letter from the City Administrator to Morro Dunes Recreation Park dated September 6, 1983, outining repairs to be made on the lease site pursuant to the WWTP construction. Councilmember Risley requested discussion on items D-6 and D-15. Councilmember Lemons requested that items D-5 and D-15 be pulled for discussion also. 15 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1983 PAGE SIXTEEN MOTION: Councilmember Zeuschner moved that the Consent Calendar be approved except items D-5, D-6 and D- 15. The motion was seconded by Councilmember L emons and carried unanimously by the following roll call vote: AYES: Zeuschner, Lemons, Anderson, Risley, Shelton N OES: None ABSENT: None D-6 Award of Contract for Property Management Services: Councilmember Risley felt that prior to approval of the Contract, Council should have a report on the progress made during this last year, and a review of the current status of the leasesites. Councilmember Risley stated that he was not opposed to renewing t he contract at that time. Mr. t hat Baxter recommended that Council take action at this time, so Mr. Wallace would not have to work without a contract. Mr. LeSage stated that there would be legal questions if Mr. Wallace was not covered by a contract. Councilmember Risley felt that the Council should have a change t o review the report prior to making their decision. Mayor Shelton stated that this matter had been discussed during t he budget meetings, and felt that it should not be put off. Councilmember Zeuschner expressed his appreciation for Mr. Wallace's services this past year. MOTION: Councilmember Zeuschner moved that the contract for property management services (D-6) be approved as submitted, and that a summary report be prepared by the consultant for submittal to Council at their n ext meeting. The motion was seconded by Councilmember Lemons and carried by the following ✓ oll call vote: AYES: NOES: ABSENT: ABSTAIN: Zeuschner, Lemons, Risley, Shelton N one N one Anderson 16 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1983 P AGE SEVENTEEN D-15 City of Morro Bay request to enter Morro Dunes Lease Site: Councilmember Risley asked if grant funds would be used for Morro Dunes work. Mr. Baxter stated that no grant funds would be used directly, but t he contractor would be using these funds in performing the work. Councilmember Lemons asked if pictures were taken to document the work being done. Mr. Nichols stated that photos had been taken of the Morro Dunes site. MOTION: Councilmember Zeuschner moved that item D-15 be approved and the letter from the City Administrator ratified. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) D-5 Resolution requesting NRC to consider testimony re: Diablo Canyon Nuclear Power Plant given at October 24, 1983: John Sumner, representing PG&E, spoke briefly about the proposed hearings on October 24, 1983, to be held in San Luis Obispo. Councilmember Risley felt that the Council should hear from other groups besides PG&E regarding this Resolution. Councilmember Lemons objected to the language in the Resolution. Mayor Shelton stated that he had authored the Resolution and felt t hat it expressed Council's previous feelings regarding the safety issues at Diablo, and the importance of public testimony. Councilmember Lemons suggested certain wording changes. After additional discussion, it was agreed that this Resolution would be redrafted and brought back to Council at their next meeting. MOTION: Councilmember Zeuschner moved that the staff be directed to redraft the Resolution and return it on the next agenda. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) 17 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1983 PAGE EIGHTEEN E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL Councilmember Lemons asked about the status of the staff report concerning 54th Street dumping problems. N ick Nichols stated that an internal staff memo had been circulated for Council's information, and a formal report could be brought back at the next meeting. Council concurred to agendize such a report for the September 26th meting. Councilmember Anderson read a statement for the record regarding comments made by Councilmember Risley at the previous meeting, concerning Embarcadero leaseholders, and stated that he objected t o the remarks. Mayor Shelton requested Council authorization to issue a P roclamation of "Get Library Fever Week'. Council authorized the Mayor to issue such a proclamation for the week of September 25 to October 2, 1983. Mayor Shelton also stated that he had received a request from a group representing the group Save Our Shellfish who want to give a brief presentation to Council. Mr. Baxter reminded Council that interviews for Harbor Commissioners were scheduled for Monday, September 26th at 5:00 p.m. and suggested that if Council wanted, they could set 4:00 p.m. for the presentation by the abalone planters. Council concurred on this date and time. Mayor Shelton stated that Mr. John Wilson, from the South County Human Relations Commission had requested the City contribute $300 t owards their program for sheltering indigents. Councilmember Zeuschner suggested that the money be taken from t he remainder of the fund for aid to other agencies. Council discussed the urgency of this request and concurred that t hey would waive the requirement to appear in person to request assistance. 18 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1983 P AGE NINETEEN MOTION: Councilmember Lemons moved that the Council appropriate $300 for aid to the South County Human Relations Commission, with a report to be requested from them regarding disbursement. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) Councilmember Lemons questioned the Mayor about correspondence he h ad sent to the Coastal Commission regarding the William's property, and suggested that the other members of the Council should have received a copy of the letter. Mayor Shelton indicated that this was true, and the letter should have been circulated. Councilmember Lemons was concerned about the impression the letter gave, that the Council was not considering any LUP amendments for that area. Councilmember Lemons argued that the City was indeed considering changes. Mayor Shelton stated that he had not meant the letter to give t hat impression, but that perhaps he had misstated his point that the City was not actively seeking changes in this area. E-2 CITY ADMINISTRATOR Mr. Baxter informed Council that the Corps of Engineers had allocated $750,000 in their budget for 1983-84 for harbor dredging. Councilmember Lemons felt that much of the credit for this funding should be given to Congressman Panetta, who has worked very hard on behalf of the City. Mr. Baxter suggested that the City plan some sort of thank -you for the CCC for their work for the City at Coleman Park and other recent projects. S teve Wolter stated that many of those who worked at Coleman Park will be finished next week, and something should be done prior to t hen. E-3 CITY ATTORNEY N one. 19 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1983 PAGE TWENTY MOTION: Councilmember Risley moved that the meeting be adjourned to Monday, September 26, at 4:00 p.m. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) The meeting was adjourned at 1:00 a.m. RESPESTFULLY SUBMITTED, PEGGY BUCHANAN DEPUTY CITY CLERK 20 At our meeting of August 22nd, Councilman Risley made the statement, and I will quote from the tape transcript of the meeting no And if the City is going to get the respect of those people on the waterfront, or the people in Morro Bay - not just t he waterfront people, but the citizens out in Morro Bay, by and large they know that - we get reports all the time, somebody t ells you about how they went down with a brown bag and they t ook the money and they took it over to this attorney's office and so forth, and it's never reported. We all hear those kind of things, we all know those. And the people in the community know it....". A statement like this is no more responsible than a statement like - "We all know that the people on Piney Way cheat on their income taxes" - basing the statement on the knowledge that a few cases had been discovered. It is bad enough when people in the audience make this kind of statement at Council meetings. It is inexcusable when an elected official makes this type of statement. It is even more disturbing to me, as a business person here in Morro Bay, whether on the waterfront or uptown, that such an irrational statement would come from a councilman who is the past president and still an active member of CAL, a group which claims to have widespread community support in Morro Bay. This is the same group which purports to be so supportive of our business community. I am still as upset tonight as I was two weeks ago about Mr. Risley's irresponsible statement. I would like to have assumed that each of us sitting here, despite our political and philosophical differences is working toward a better Morro Bay. In the future I will be watching very carefully both Mr. Risley and CAL, whose members so faithfully support Mr. Risley's philosophies. Respectfully submitted, Rodger Anderson Councilmember