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HomeMy WebLinkAboutCC_1985-04-08 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING -APRIL 8, 1985 RECREATION HALL -7:00 P.M. AGENDA ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION -REVEREND TOM GESHAY, CALVARY BAPTIST CHURCH Members of the public .wishing to address the Council are requested to limit their comments to a 5 minute time period. 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 REVIEW OF BUSINESS ENHANCEMENT CITY-LOAN PROGRAM B. UNFINISHED BUSINESS B-1 FEE SCHEDULE IMPACT ANALYSIS, WATER-CONSERVATION RETROFIT PROGRAM B-2 CITY RV SEASONAL OVERFLOW REPORT C. NEW BUSINESS C-1 CONSIDERATION OF HARBOR COMMISSION REQUESTS FOR STAFF RESEARCH C-2 FUND REQUEST FOR COMPLETION OF KEISER, DEL MAR AND COLEMAN PARK PROJECTS D. CONSENT CALENDAR 0-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF MARCH 25, 1985 D-2 APPEALS OF SLIP LEASE QUALIFICATION HUNT JOHN DORMAN AND DALEE. D-3 BID NO. PW-85-094, 1-TON PATCH TRUCK WITH DUMP FUNCTION AND EMULSION SPRAYER UNIT D-4 COMPLETION OF HARBOR STREET-END DEVELOPMENT PROJECT PW-84-37-220A D-5 REJECTION OF LIABILITY CLAIMS AGAINST THE CITY (DOMENGHINI; CATRON) AGENDA -MORRO BAY CITY COUNCIL APRIL 8, 1985 -PAGE TWO D-6 SILVA WELL (#8) LEASE RENEWAL (PULLED) D-7 PROCLAMATION DECLARING APRIL 21 THROUGH APRIL 27, 1985 TO BE "COMMUNITY CLEAN-UP WEEK IN MORRO BAY" D-8 PROCLAMATION DECLARING THE WEEK OF APRIL 14 THROUGH 21, 1985 TO BE "MORRO BAY BUILDING SAFETY WEEK" D-9 RESOLUTION NO. 23-85 COMMENDING CHISTOPHER G. MONEY ON HIS SERVICES TO THE COUNTY OF SAN LUIS OBISPO AS DISTRICT ATTORNEY D-10 PROCLAMATION DECLARING THE WEEK OF APRIL 14 THROUGH 21, 1985 TO BE "GENERAL FEDERATION OF WOMEN'S CLUBS WEEK" 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 -APRIL 8, 1985 RECREATION HALL - 7 :00 P .M. The meeting was called to order at 7:00 p .m. by Mayor Zeuschner . ROLL CALL PRESENT : ABSENT : STAFF : Bud Zeuschner Ray Kaltenbach Jim Miller Bruce Risley Rose Marie Sheetz None Gary Napper Michael Lesage Louise Burt Forrest Henderson Dave Howell Mike Multari Mike Upton Steve Wolter Mayor Counc i lmember Councilmember Councilmember Councilmember City Administrator City Attorney Finance Director Asst . to the City Admin . Police Chief Comm . Development Dir . Admin . Asst . Recreati o n Director The Pledge of Allegiance and invocation was led by Horace Strong . ORAL COMMUNICATIONS 1 . Steffie Evans asked Councilmember Kaltenbach why he voted to have Mr . LeSage dismissed as City Attorney . Mayor Zeuschner stated that the oral communications period was not for a question/answer period for Council but for Council to receive information about items not on the agenda . Barbara Sanders stated that Mr . Lesage had been City Attorney for 14 years and the public wants to know why the Council decided to have him replaced . Mayor Zeuschner stated that he would , with Council concurrence , prepare a statement which would detail Council reasons for deciding to seek a new City Attorney . 2 . Ed Ewing discussed a letter written Commission by Nelson Sullivan which he facts . A. PUBLIC HEARINGS, REPORTS & APPEARANCES to the State Lands felt misrepresented the Mr . Napper noted that item D-6 had been pulled from the agenda to be considered at a later date . He also introduced Michael Upton , new Administrative Assistant to the Public Works Director . MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -APRIL 8, 1985 PAGE TWO A-1 REVIEW OF BUSINESS ENHANCEMENT CITY-LOAN PROGRAM Mr. Napper stated that Council has previously set aside $25,000 to be made available to businesses, by loan, to upgrade their store-fronts. He stated that Council would have to pass an ordinance to establish the district boundary. Mr. Napper recommended that Council receive public input and direct staff regarding the parameters of the program for an appropriate ordinance to be drafted. Mayor Zeuschner opened the matter to the public. Mike Winters, Chairman of the Merchants' Association, stated that the Merchants were in favor of the program. Patti Babcock, Chamber Manager, stated that the Chamber of Commerce Board of Directors support the program and thanked the Council for providing the opportunity to the business community. MOTION: Councilmember Kaltenbach moved that the hearing be closed to the public. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) MOTION: Councilmember Risley moved that Council adopt the parameters of the program as outlined by staff and direct staff to develop the necessary ordinance. The motion was seconded by Councilmember Sheetz and unanimously carried by roll call vote. (5-0) B. UNFINISHED BUSINESS B-1 FEE SCHEDULE IMPACT ANALYSIS, WATER-CONSERVATION RETROFIT PROGRAM Louise Burt explained that the program would allow developers to earn extra water equivalencies through off-site retrofitting of existing fixtures. She has determined that the financial impact would be a net benefit to the City and reviewed her analysis for Council. MOTION: Councilmember Sheetz moved that Council approve the fee structure for the retrofit program as outlined by staff for the first year. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) B-2 CITY RV SEASONAL OVERFLOW REPORT Steve Wolter reviewed the program implemented last summer for the overflow RV vehicles in the City. He stated that the City had netted approximately $2040 during the eight week program and MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -APRIL 8, 1985 PAGE THREE reviewed the concerns voiced by private RV park owners including inadequate referral system, need for increased fees because of location, etc. He stated that Morro Dunes should have an additional 44 units available July 1, 1985 and this should be adequate to accommodate the maximum overflow units experienced last year. Staff is recommending that Council determine the additional private park RV overflow space is sufficient and encourage staff to work with the private park owners to assist in their implementation. MOTION: Councilmember Kaltenbach moved that Council approve the staff recommendation. The motion was seconded by Councilmember Sheetz. Councilmember Miller felt that Council should consider imple- menting an overflow program for the incremental period up to July 1st when the additional overflow is scheduled to be available; or, at least consider a moratorium on citations during that period since the City is advertising for additional tourism but then not providing enough lodging. The motion was carried on the following roll call vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: Miller C. NEW BUSINESS C-1 CONSIDERATION RESEARCH OF HARBOR COMMISSION REQUESTS FOR STAFF Mr. Napper reviewed 4 requests from the Harbor Commission re- quiring staff research. He stated that while the requests were substantive, staff does not have the resources to respond within the time schedules set by the Harbor Commission. He said that he has had staff try to encourage commissions to form sub-com- mittees to do the research needed for their requests, but they did not choose to use this method on these subjects. He noted that the default notices on Hittle's Landing had previously been sent out. Mr. Napper suggested that Council direct the Harbor Commission to prepare a priority work list and submit it to the City Administrator for a prioritization report to Council. Mayor Zeuschner felt that the suggestion was a good one and the Commission should be encouraged to form sub-committees to do some of the leg work for the City. Nancy Bast stated that other City commissions scope of responsibilities of the Harbor did not have the Commission. She MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -APRIL 8, 1985 PAGE FOUR suggested that the Commission be expanded to 7 members, thereby making sub-committees more effective, and perhaps have a depart- ment head for the harbor. Councilmember Risley felt that the Harbor Commission should be elevated to the status of the Planning Commission. Mr. Lesage stated that with regard to one of the requests of the Harbor Commission to upgrade the insurance requirements in the lease, the City cannot tell the Tenant to raise their insurance limits any more than is stated in the lease. He also stated that it would be a mistake to have a person within the City structure take on the additional duty of managing the harbor area. The City should hire a full-time harbor administrator. Mayor Zeuschner stated that comments regarding the priority list suggestion would be welcome from the Harbor Commission. MOTION: Councilmember Sheetz moved that Council approve the staff recommendation that the Harbor Commission be requested to prepare a priority work list and submit it to the City Administrator for a prioritization report to the Council. The motion was seconded by Council- member Kaltenbach and carried with Councilmember Miller voting no. (4 -1) C-2 FUND REQUEST FOR COMPLETION OF KEISER, DEL MAR AND COLEMAN PARK PROJECT Mr. Napper stated that funds were earmarked in the budget from the sale of the Hemlock mini-park to make improvements to Coleman Park. However, because a master plan for that area has yet to be developed, the Recreation Director was requesting that those funds be reappropriated to make minor improvements in Coleman Park now, and direct the remaining funds to complete Keiser and Del Mar parks. Councilmember Risley asked if the maintenance of the parks was in the Public Works or Recreation Department areas. Mr. Napper stated that it is currently in the Public Works Department, however, he was recommending in the FY85-86 budget that it be transferred to the Recreation Department. Councilmember Risley suggested that any improvements to parks include installing water meters to find out how much water the parks are using for sprinklers and restrooms. MOTION: Councilmember Kaltenbach moved that Council reappro- priate $18,500 from account 0100-911 to a park capital improvement program as outlined by staff. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -APRIL 8, 1985 PAGE FIVE D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF MARCH 25, 1985 Mr . Napper recommended that Council approve the minutes as submitted. D-2 APPEALS OF SLIP LEASE QUALIFICATION -JOHN DORMAN AND DALE E . HUNT Mr . Napper recommended that Council approve the waivers and request the Harbor Commission to recommend policy on the number of waivers allowed any individual. D-3 BID NO . PW-85-094, 1-TON PATCH TRUCK WITH DUMP FUNCTION AND EMULSION SPRAYER UNIT Mr . Napper recommended that Council adopt Res o lution No. 24-85 awarding the bid to Airport Auto Center of Santa Maria in the amount of $20,053.85; and authorize the transfer of $53 .85 to cover the amount bid over the budgeted amount. D-4 COMPLETION OF HARBOR STREET-END PW -84-37-220A DEVELOPMENT PROJECT Mr . Napper recommended that Council accept the project as complete, authorize the City Administrator to record the Notice of Completion , and send a letter of appreciation to the Conservancy for the project funding . D-5 REJECTION OF LIABILITY CLAIMS AGAINST THE CITY (DOMENGHINI; CATRON) Mr. Napper recommended that authorize the City Clerk to accordingly. Council deny the claims and send the rejection notices D-6 SILVA WELL (#8) LEASE RENEWAL (PULLED) D-7 PROCLAMATION DECLARING APRIL 21 THROUGH 27, 1985 TO BE "COMMUNITY CLEAN-UP WEEK IN MORRO BAY" Mr . Napper recommended that Council authorize the Mayor to pro- claim April 21-27 as Community Clean-Up Week, and approve the planned activities. D-8 PROCLAMATION DECLARING APRIL 14 THROUGH 21, 1985 TO BE "MORRO BAY BUILDING AND SAFETY WEEK" Mr. Napper recommended that Council authorize the Mayor to proclaim Building Safety Week for April 14-21, 1985 . MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -APRIL 8, 1985 PAGE SIX D-9 RESOLUTION SERVICES TO ATTORNEY NO. 23-85 COMMENDING THE COUNTY OF SAN CHRISTOPHER LUIS OBISPO MONEY ON HIS AS DISTRICT Mr. Napper recommended that Council adopt Resolution No. 23-85. D-10 PROCLAMATION DECLARING APRIL 21-27, 1985 TO BE "GENERAL FEDERATION OF WOMEN'S CLUBS WEEK 11 Mr. Napper recommended that Council authorize the Mayor to sign the proclamation. Councilmembers requested that Items D-1 and D-2 be withdrawn from the Consent Calendar and considered separately. MOTION: Councilmember Risley moved for the approval of the Consent Calendar with the exception of items D-1 and D-2. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) D-1 MINUTES Councilmember Sheetz stated that minutes needed to be corrected on page five, top of the page. The motion should include the local Commercial Fishermen's Organization as a Harbor Festival sponsor. MOTION: Councilmember Risley moved that the minutes be approved as amended. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) D-2 APPEALS OF SLIP LEASE QUALIFICATION Councilmember Miller felt that the Harbor Commission was creating a double standard in that they allowed waivers for the fishermen to pay dock fees and held fast on other restrictions when it came to lease holders. Mr. Napper explained that the waiver was not for payment of dock fees, but the requirement the City has that those holding dock spaces provide the City with proof that they commercially fished during the previous year. These individuals are requesting waiver from this requirement because of being unable to fish during the previous year for various reasons. Priority use of slips is to be given to active commercial fishermen. MOTION: Councilmember Sheetz moved for the approval of item D-2. The motion was seconded by Councilmember Kaltenbach and carried with Councilmember Miller voting no. ( 4-1 ) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -APRIL 8, 1985 PAGE SEVEN E . INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL A. Councilmember Sheetz requested that Council approve an expenditure of $920 .47 to advertise Morro Bay in the California Magazine State Travel Guide . She stated that this publication is subscribed to by 256 ,000 people and is kept as a reference by people who travel . MOTION: Councilmember Sheetz moved that Council approve the expenditure of $920 .47 to advertise Morro Bay in the California Magazine . The motion was seconded by Councilmember Risley . Councilmember people to Morro them to stay . Miller was not in favor of advertising to draw Bay when the City is not providing a place for The motion carried with Councilmember Miller voting no . ( 4-1 ) B . Councilmember Risley stated that Council was in receipt of a letter of resignation from Fred Schenk from the TV Franchise Services Board . Mr . Napper asked Council if they wished to have the position advertised . MOTION : Co uncilmember Risley moved that Council accept Mr . Schenk 's resignation with thanks and that the City advertise for his replacement . The motion was seconded by Councilmember Sheetz and unanimously carried . (5-0) C. Councilmember Miller requested a closed session to discuss a personnel matter . D. Councilmember Risley stated that Council was in receipt of a communication from the League of California Cities about a Legislative Conference to be held in May . He suggested that someone from the City attend this Conference . Councilmember Kaltenbach stated that he and Councilmember Sheetz plan to attend. Councilmember Risley nominated Sheetz to attend the Conference . accepted. Councilmembers Kaltenbach and The nomination was unanimously E. Mayor Zeuschner stated that he had received a request from the Duplicate Bridge Club for the City to waive the facility fee for a charity benefit to the mosaic mural they have planned . Mr . Wolter stated that they could handle this matter administra- tively . MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -APRIL 8, 1985 PAGE EIGHT F. Mayor Zeuschner asked Council to authorize him to write a statement on the development of the City's legal services. MOTION: Councilmember Risley moved that the Mayor be authorized to prepare a statement. The motion was seconded by Councilmember Sheetz. Councilmember Miller stated that he felt the City should keep Mr. Lesage as City Attorney; there is no reason to terminate his services. The motion was unanimously carried. (5-0) E-2 CITY ADMINISTRATOR A. Mr. Napper discussed SB290 which is legislation authorizing increased state gas taxes and would provide the City with addi- tional transportation/road revenues. MOTION: Risley moved that Council endorse SB290 transportation revenues and authorize the a letter indicating the City's support. was seconded by Councilmember Sheetz and carried. (5-0) Councilmember for increased Mayor to sign The motion unanimously E-3 CITY ATTORNEY Mr. Lesage briefly discussed Program and stated that the benefit of the program. F. ADJOURNMENT the Business legal red tape Enhancement Loan may exceed the MOTION: Councilmember Sheetz moved that the meeting be adjourned to closed session to discuss a personnel matter. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) The meeting adjourned to closed session at 8:43 p.m. and returned to regular session at 8:56 p.m. MOTION: Councilmember Sheetz moved that the adjourned to a joint session with the Recreation Commission on April 1 7, 1 985, at in the City Hall Conference Room. seconded by Councilmember carried. (5-0) The meeting adjourned at 8:57 p.m. Recorded by: ARDITH DAVIS Deputy City Clerk Kaltenbach The and meeting be Parks and 7:00 p.m. motion was unanimously