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HomeMy WebLinkAboutCC_1985-03-25 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING -MARCH 25, 1985 RECREATION HALL -7:00 P.M. ROLL CALL PLEDGE OF ALLEGIANCE AGENDA INVOCATION -THOMAS DILLARD, ESTERO BAY UNITED METHODIST CHURCH Members of the public wishing to address the Council are requested to limit their comments to a 5 minute time period. PRESENTATION -Contributions to Library Mosaic Mural Fund ORAL COMMUNICATIONS -Members of the audience wishing to address the Council on matters other than scheduled hearing items may do so when recognized by the Mayor, by standing and stating their name and address. Comments should normally be limited to three minutes. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PUBLIC HEARING ON COUNCIL DENIAL OF APPEAL TO CUP 38-84 TRAVELODGE MOTEL (JERRY HEMPENIUS) B. UNFINISHED BUSINESS B-1 RESOLUTIONS NO. 10-85 AND 11-85 DENYING LEASE ASSIGNMENT, BREBES C. NEW BUSINESS C-1 BUDGET AUGMENTATION FOR PARKS AND RECREATION REVENUE-PRODUCING PROGRAMS C-2 RE0UEST FOR FEASIBILITY STUDY OF DIAL-A-RIDE USE IN RECREATION TRIPS C-3 PROMOTIONAL COMMITTEE RECOMMENDATION ON HARBOR FESTIVAL 1985 C-4 CITY/COUNTY COOPERATIVE AGREEMENT, TWIN BRIDGES REPLACEMENT D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF MARCH 11, 1985 AND ADJOURNED REGULAR MEETING OF MARCH 12, 1985 D-2 COMPLETION OF EMBARCADERO LAUNCH RAMP PROJECT -PW 84-37-250 D-3 RESOLUTION NO. 16-85 ADOPTING AN ICMA DEFERRED COMPENSATION PLAN AGENDA -MORRO BAY CITY COUNCIL MEETING OF MARCH 25 , 1985 PAGE TWO D-4 DECLARATION OF SURPLUS PROPERTY D-5 PROCLAMATION DECLARING "EARTHQUAKE PREPAREDNESS WEEK" 0-6 PROCLAMATION DECLARING APRIL 1985 AS "CALIFORNIA CHILD ABUSE PREVENTION MONTH" D-7 EXPENDITURE REPORT -FEBRUARY 1985 D-8 MONTHLY STATEMENT OF INVESTMENTS D-9 CHAMBER OF COMMERCE MONTHLY REPORT -FEBRUARY 1985 D-10 RATIFICATION OF WATER ADVISORY COMMITTEE BY-LAWS D-11 RESULTS OF RFP FOR COMPUTER SERVICES D-12 APPROVAL OF FINAL MAP FOR TRACT 1028 E . INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY F . ADJOURNMENT MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MARCH 25, 1985 RECREATION HALL -7:00 P.M. Mayor Zeuschner called the meeting to order at 7:00 p.m. ROLL CALL PRESENT: ABSENT: STAFF: Bud Zeuschner Ray Kaltenbach Jim Miller Bruce Risley Rose Marie Sheetz None Forrest Henderson Michael Lesage Louise Burt Mike Multari Steve Wolter Mayor Councilmember Councilmember Councilmember Councilmember Assistant to the City Admin. City Attorney Finance Director Community Development Dir. Recreation Director The Pledge of Allegiance was led by Horace Strong, and Reverend Thomas Dillard of the Estero Bay United Methodist Church gave the invocation. PRESENTATION: Mayor Zeuschner presented Andy Zatko Award from the Functional Living contributions to their museum. with a Community Service Center honoring him for his Mayor Zeuschner introduced Myron Graham and Toby Buffalo from the South Bay Community Council. Mr. Buffalo spoke briefly encouraging an exchange of ideas between the two communities. Mayor Zeuschner announced the kick-off of the Library Mosaic Mural fund raising. He asked Councilmember Sheetz to pass the hat to Councilmembers for their contributions and explained that the next meeting of the committee will be held March 26th at 7:30 p.m. in the City Hall Conference Room. Councilmember Sheetz stated that she was accepting theme ideas from the public for consideration by the committee. If anyone wished to donate to the project, they should make their checks out to Friends of the Library and note on the check that it is for the Mosaic Mural project. ORAL COMMUNICATIONS: Mayor Zeuschner stated that this was a new section added to the agenda to allow people who wished to address the Council, on items other than those on the agenda, to do so. If people wished to speak on agenda items, they would be given the oppor- tunity when those items came up. He asked people to limit MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MARCH 25, 1985 PAGE TWO their comments to a three minute time period and stated that he would attempt to limit the time spent on Oral Communications to a half-hour at each Council meeting. There were no public comments at this time. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PUBLIC HEARING ON COUNCIL DENIAL OF APPEAL TO CUP 38-84 - TRAVELODGE MOTEL (JERRY HEMPENIUS) Mike Multari, Community Development Director, reviewed this item for Council. He stated that this item had initially been before Council on February 25th at which time Council had denied the appeal; the applicant was not present at that meeting because he was out of town. On March 11th, the applicant 's representative had requested that Council reconsider their denial and stated that the applicant was now willing to accept all conditions of approval except the requirement that the second pole sign be removed within 5 years. Council continued the matter to this meeting for a public hearing on that item. He reviewed the Planning Commission's determination on this matter and stated that the applicant was contending that removal of the second pole sign within a five year period would seriously impair the exposure, identification and economics of the business. Don West, architect the removal of the the revenue of the would make his project. for the applicant, reiterated the fact that sign within 5 years would seriously impair property. He said that lowering of the sign applicant uninclined to continue with the Councilmember Sheetz stated that initially the applicant had stated that he wished 16 years to amortize the cost of the sign and the Planning Commission felt that was too long and gave him five years. MOTION: Councilmember Risley moved that the public hearing be closed. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) Councilmember Miller was in favor of allowing the appeal; he felt that signs were needed for businesses. He also disagreed with the condition regarding replacing the driveway. Councilmember Sheetz felt that the 5 year limit for eliminating the second pole sign was sufficient; Councilmember Kaltenbach agreed. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MARCH 25, 1985 PAGE THREE MOTION: Councilmember Risley moved that Council deny the appeal and uphold the Planning Commission's decision; also that Resolution No. 13-85 be rescinded. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) MOTION: Councilmember Sheetz moved for adoption of No. 22-85 denying the appeal with findings. was seconded by Councilmember Risley and carried. (5-0) B. UNFINISHED BUSINESS Resolution The motion unanimously B-1 RESOLUTIONS NO. 10-85 AND 11-85 DENYING LEASE ASSIGNMENT, BREBES Mr. Henderson stated that Council, at their last meeting, had directed that staff prepare resolutions denying the transfer of Brebes' lease sites to Gunther with findings. These were presented for Council's consideration and/or adoption. MOTION: Councilmember Risley moved for the adoption of Resolu- tions No. 10-85 and 11-85. The motion was seconded by Councilmember Kaltenbach. Councilmember Miller stated that he was not in favor of the resolutions; he also stated that he felt there was power given to people who used it wrongfully and it would eventually cost the City a lot of money. The motion carried with Councilmember Miller and Mayor Zeuschner voting no. (3-2) C. NEW BUSINESS C-1 BUDGET AUGMENTATION FOR PARKS AND RECREATION REVENUE- PRODUCING PROGRAMS Mr. Henderson explained that the Recreation Department offers programs that are paid for by user fees that offset the cost of providing the programs. There has been increased participation this year and the estimate budgeted for FY 84-85 is not suffi- cient to continue the programs. He recommended augmenting the budget in the amount of $8,500. Mr. Wolter noted that the augmentation will be paid back to the City General Fund by user fees. Councilmember Risley asked the Finance Director if this was the proper accounting practice to take care of this matter. Ms. Burt assured him that this is the normal procedure. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MARCH 25 , 1985 PAGE FOUR MOTION: Councilmember Sheetz moved revenue producing programs that Council augment the budget in the amount of seconded by Councilmember carried . (5-0) $8,500 . The motion was Kaltenbach and unanimously C-2 REQUEST FOR FEA S IB ILITY STUDY OF DIAL-A-RIDE USE IN RECREA- TION TRIPS Mr . Henderson explained that, until recently, the City 's Recreation Department had been offering excursion trips through Angela Lavine on a contract basis . Because of insurance costs, Ms . LaVine no longer is able to provide this service, however, interest in the program still exists in the community. Staff is proposing that the Council authorize a feasibility study into using Dial-A-Ride buses to perform this service before determining if another contract individual is interested in providing the service . Councilmember Sheetz asked about the insurance aspects and Mr . Henderson stated that the City was covered through the coverage provided by the Dial-A-Ride contractor . Councilmember Risley stated that he had discussed this matter with Ms. Lavine and he felt that a feasibility study was in order , however, was not in favor of spending extra money for that purpose. Mayor Zeuschner stated that the feasibility study should include the Council 's priority of providing Dial-A-Ride transportation services over the recreation programs. Steve Wolter stated that the Parks and Recreation Commission had recommended that a feasibility study be done. He did not anti- cipate any costs other than those related to staff time . Mayor Zeuschner noted that the preparation of the FY 85-86 budget is a priority over getting the feasibility study done. MOTION : Councilmember Kaltenbach moved that staff be authorized to conduct a feasibility study on this matter and return the results to Council . The motion was seconded by Councilmember Sheetz and unanimously carried . (5-0) C-3 PROMOTIONAL COMMITTEE RECOMMENDATION ON HARBOR FESTIVAL 1985 Councilmember Sheetz stated that the Community Promotions Com- mittee was recommending that the City handle the Harbor Festival this year through the Recreation Department, that Council approve the dates of October 5 and 6, 1985 for holding the Fes- tival , designate Morro Rock as the Festival site and use the proceeds from the event for master planning and/or improvement of the Morro Rock area . The Committee has determined that there were no other County-wide activities being held on the dates selected for the Festival . MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MARCH 25, 1985 PAGE FIVE MOTION: Councilmember Sheetz moved that Council adopt the recommendation of the Community Promotions Committee that the Harbor Festival be under the direction of the City on October 5th and 6th with the Chamber of Com- merce*co-sponsoring the event. The motion was seconded by Councilmember Kaltenbach. Councilmember Risley stated that other organizations needed to be encouraged to get involved in sponsoring the event. The motion was unanimously carried. (5-0) C-4 CITY COUNTY COOPERATIVE AGREEMENT, TWIN BRIDGES REPLACEMENT Mr. Henderson advised Council that the County has agreed to participate in this project up to $100,000; total project to cost in the area of $1.23 million. The local agency match requirement is 20% leaving the City responsible for approxi- mately $146,200; to date the City has set aside $112,273 for this project. Mr. Henderson recommended that Council adopt Resolution No. 21-85 approving the agreement between the City of Morro Bay and the County of San Luis Obispo. He noted that there was also another grant the City can apply for in the amount of $144,000 for this project. MOTION: Councilmember Risley moved for approval of the agree- ment between the City and the County, adopt Resolution No. 21-85, and authorize staff to apply for the addi- tional grant. The motion was seconded by Councilmember Kaltenbach. Mayor Zeuschner noted that the County has agreed to do much of the administrative work on this project and that thanks should be given to Supervisor Coy for his efforts on the City's behalf. The motion was unanimously carried. (5-0) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF MARCH 11, AND ADJOURNED REGULAR MEETING OF MARCH 12, 1985 Mr. Henderson recommended that the minutes be approved as submitted. D-2 COMPLETION OF EMBARCADERO LAUNCH RAMP PROJECT -PW 84-37-250 Mr. Henderson authorize the Completion. recommended that Council accept the project and City Administrator to record the Notice of *and Commercial Fishermen's Organization (minutes corrected 4-8-85) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MARCH 25, 1985 PAGE SIX D-3 RESOLUTION ADOPTING AN ICMA DEFERRED COMPENSATION PLAN Mr. Henderson recommended that Council adopt 16-85 authorizing the participation in the Compensation Plan for the City's Department Head Mayor and City Councilmembers. D-4 DECLARATION OF SURPLUS PROPERTY Resolution No. ICMA Deferred employees and Mr. Henderson recommended that Council declare the items listed as surplus property and direct staff to deliver the items for auction on Saturday, April 6, 1985. D-5 PROCLAMATION DECLARING "EARTHQUAKE PREPAREDNESS WEEK" Mr. Henderson recommended that Council authorize the Mayor to sign the proclamation declaring the week of April 15-20, 1985 as "Earthquake Preparedness Week." D-6 PROCLAMATION DECLARING APRIL 1985 AS "CALIFORNIA CHILD ABUSE PREVENTION MONTH" Mr. Henderson recommended that Council authorize the Mayor to sign the proclamation declaring the month of April, 1985 as "California Child Abuse Prevention Month." D-7 EXPENDITURE REPORT -FEBRUARY 1985 Mr. Henderson recommended that Council approve the Expenditure Report for February, 1985. D-8 MONTHLY STATEMENT OF INVESTMENTS Mr. Henderson recommended that Council approve the Monthly Statement of Investments. D-9 CHAMBER OF COMMERCE MONTHLY REPORT -FEBRUARY 1985 Mr. Henderson recommended that Council accept the Chamber of Commerce report for February 1985. D-10 RATIFICATION OF WATER ADVISORY COMMITTEE BY-LAWS Mr. Henderson recommended that Council adopt Resolution No. 19-85 ratifying the Water Advisory Committee By-Laws. D-11 RESULTS OF RFP FOR COMPUTER SERVICES Mr. Henderson recommended that Council accept the proposal by IBM/DLH. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MARCH 25, 1985 PAGE SEVEN D-12 APPROVAL OF FINAL SUBDIVISION MAP TRACT 1028 AND ACCEP- TANCE OF DEDICATIONS Mr. Henderson recommended that Council adopt Resolution No. 20-85 conditioned upon approval of improvement plans by the City Engineer and receipt of bonds. Items D-1, D-7, D-10 and D-12 were pulled from the Consent Calendar for separate discussion. MOTION: Councilmember Sheetz moved for the approval of the Consent Calendar with the exception of items D-1, D-7, D-10 and D-12. The motion was seconded by Council- member Risley and unanimously carried. (5-0) D-1 MINUTES Councilmember Risley stated that the minutes of the meeting of March 11, 1985 should be corrected to include the statement by Councilmember Miller that he would testify against the City in the Brebes/Gunther lease site transfer matter if the City was sued and the matter came to court. He stated that the minutes should reflect that Councilmember Miller made that statement. Councilmember Miller admitted that he had made that statement at the last Council meeting and stated that he also wished to have included in the minutes his statement with regard to Council violations of the Brown Act by 3 Councilmembers. MOTION: Councilmember Risley moved that the minutes be approved as amended. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) D-7 EXPENDITURE REPORT Councilmember Risley suggested that a summary format of the Expenditure Report be developed that would be more meaningful to Council than the present 30-page report. He would like to see it compare last years' totals with current year's expenditures on similar types of items. Ms. Burt stated that that type of information is currently given to the Council on a quarterly basis. She mentioned that with the new computer system, she should be able to implement a system similar to the one men- tioned by Councilmember Risley. Council authorized the Finance Director to work on a report system that summarizes expenditures and revenues. MOTION: Councilmember Risley moved for the approval of the Expenditure Report for February 1985. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MARCH 25, 1985 PAGE EIGHT D-10 WATER ADVISORY COMMITTEE BY-LAWS committee He also to take select Councilmember Miller could not understand why the terms were changed from one year to three years. objected to the City having to pay for a secretary minutes at the committee meetings. The committee should their own secretaries to take minutes. Mayor Zeuschner stated that almost all commissions and com- mittees have four year terms. He also felt that a professional secretary was necessary at the committee meetings in order to have accurate minutes. MOTION: Councilmember Sheetz Resolution No. 19-85. Councilmember Kaltenbach Miller voting no. (4-1) moved for the adoption of The motion was seconded by and carried with Councilmember D-12 FINAL SUBDIVISION MAP TRACT 1028 Councilmember Kaltenbach asked questions the property and Mr. Multari explained be installed as a condition of approval. to the property would be on Ironwood. about the drainage on that the drainage would He noted that access MOTION: Councilmember Sheetz moved for the approval of Resolu- tion No. 20-85. The motion was seconded by Council- member Kaltenbach and unanimously carried. (5-0) E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. Councilmember Sheetz requested the Land Use Plan be considered for Commission during their next review of with eliminating the policy of creating a MOTION: that section 701 (a) of deletion by the Planning the LUP. This had to do port authority. staff be directed to to include in their next Councilmember Sheetz moved that ask the Planning Commission LUP amendment deletion of this seconded by Councilmember carried. ( 5-0) policy. The motion was Risley and unanimously 2. Councilmember Miller stated that he had received com- plaints from citizens about the lack of enforcement of garage sale signs. Garage sale permits specifically stated that no posting of garage sale signs is allowed. He requested that the Chief of Police be directed to look into this matter. ,. Councilmember Miller stated that he felt that there was a conflict of interest on the Harbor Commission in that members forward their collective recommendation to Council and then also MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -MARCH 25, 1985 PAGE NINE appear before Council as "individuals" to express their view- points. He felt it was a waste of Council time. Also two of the Commissioners are co-habitating and one of them should step down. He did not feel that two people who are living together should be on the same commission, or any other commission, any more than married couples should be on the same commission. E-2 CITY ADMINISTRATOR 1. Mr. Henderson stated that he had received a request from the Parks and Recreation Commission for a joint meeting with the Council; they had suggested April 16th. Councilmembers were unable to make that date and directed staff to poll Coun- cilmembers to find an acceptable date. E-3 CITY ATTORNEY Mr. Lesage had nothing to report. ADJOURNMENT Councilmember Kaltenbach asked for a status report on the pollu- tion in the Bay. Mr. Henderson stated that he would look into the matter and report back to Council. Councilmember Miller stated that he was elected Vice the CMC Commission and named to the committee prisoners. MOTION: Councilmember Sheetz moved that adjourned. The motion was seconded Risley and unanimously carried. (5-0) The meeting adjourned at 8:30 p.m. Recorded by: Ardith Davis Deputy City Clerk the by Chairman of on escaped meeting be Councilmember