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HomeMy WebLinkAboutCC_1985-12-09 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING -DECEMBER 9, 1985 RECREATION HALL -7:00 P.M. ROLL CALL PLEDGE OF ALLEGIANCE AGENDA INVOCATION -REVEREND DON CAREY, UNITED PRESBYTERIAN CHURCH 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 ANNUAL WATER ALLOCATION REPORT AND RESOLUTION NO. 121-85 ESTABLISHING WATER ALLOCATION PROGRAM FOR 1986 A-2 ORDINANCE NO. 275 ADOPTING FIRE, BUILDING AND RELATED CODE AMENDMENTS (FIRST READING) B. UNFINISHED BUSINESS B-1 HARBOR COMMISSION REPORT, TIDELANDS PARK CONCEPT PLAN B-2 HARBOR COMMISSION REPORT, LEASE SITE 49-49W PRIVATIZATION C. NEW BUSINESS C-1 SET DATE TO INTERVIEW ADVISORY BOARD CANDIDATES C-2 HARBOR COMMISSION REPORT, HANDICAP PARKING ON EMBARCADERO C-3 CITY-FUNDED LOCAL ARTS GRANT COMPETITION C-4 RESOLUTION NO. 120-85 AUTHORIZING FILING OF AN APPROPRIATIVE WATER RIGHTS PERMIT, TORO CREEK BASIN C-5 FY 83-84 AUDIT MANAGEMENT LETTER C-6 REQUEST TO TRANSFER WATER EUUIVALENCY, 280 BRADLEY SFD PROJECT D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF NOVEMBER 25, 1 985 D-2 RESOLUTION NO. 119-85 APPOINTING CITY ATTORNEY ,, AGENDA -MORRO BAY CITY COUNCIL REG~LAR MEETING -DECEMBER 9, 1985 PAGE TWO ' D. CONSENT CALENDAR (cont.) 0-3 PROCLAMATION DECLARING DECEMBER 15 THROUGH 21, 1985 DRUNK AND DRUGGED DRIVING AWARENESS WEEK D-4 CANCELLATION OF SECOND COUNCIL MEETING IN DECEMBER (DECEMBER 23RD) D-5 AUTHORIZATION FOR OUTSIDE COMMUNITY PROMOTIONS EXPENDITURE D-6 RESOLUTION NO. 118-85 AUTHORIZING CITY EMPLOYEE APPLICATION FOR STATE DISABILITY INSURANCE D-7 ACTION REGARDING PUBLIC IMPROVEMENTS ON TRACT 729 FINAL MAP (BAYSHORE VILLAGE) D-8 D-9 E. E-1 E-2 E-3 F. APPROVAL CONTRACT OF WASTEWATER TREATMENT PLANT MONITORING PROGRAM APPROVAL OF LOCAL TRANSIT FUND CLAIM AMENDMENT INDIVIDUAL DETERMINATION AND/OR ACTION CITY COUNCIL CITY ADMINISTRATOR CITY ATTORNEY ADJOURNMENT TO WEDNESDAY, DECEMBER 11, 1985 AT 7 PM IN THE CITY HALL CONFERENCE ROOM FOR A JOINT MEETING WITH THE PARKS AND RECREATION COMMISSION. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -DECEMBER 9, 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 Anne Russell Louise Burt Alan Davis Forrest Henderson Mike Multari Nick Nichols Steve Wolter Mayor Councilmember Councilmember Councilmember Councilmember City Administrator Acting City Attorney Finance Director Harbor Director Asst. to the City Admin. Comm. Development Dir. Public Works Director Recreation Director Mayor Zeuschner led the Pledge of Allegiance and Reverend Don Carey from the United Presbyterian Church gave the invocation. ORAL COMMUNICATIONS • 1. Warren Dorn suggested Council write a letter of commen- dation to Joe Petrillo for his assistance to Morro Bay upon his leaving office as Director of the Coastal Conservancy. 2. Warren Dorn suggested the Mayor and staff communicate with South County the City's experiences in their efforts to save the dunes. He outlined the problems they were having with the same issue. 3. Ed Smith representing Morro Bay Beautiful, read a resolution by Morro Bay Beautiful commending their efforts over the past year, and requested the City adopt said resolution. A. PUBLIC HEARINGS, APPEARANCES AND REPORTS A-1 ANNUAL WATER ALLOCATION REPORT AND RESOLUTION NO. 121-85 ESTABLISHING WATER ALLOCATION PROGRAM FOR 1986 Mr. Multari stated each December staff prepares a report of the past year's water allocations and makes recommendations for the following year. He noted 91 of the 97 equivalencies allowed for 1985 have been issued, stated the retrofit program was too new to evaluate its effectiveness at this time, and the City has MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -DECEMBER 9, 1985 PAGE TWO only 47 water equivalencies available to be awarded in 1986. He said water use remains lower than it was during the moratorium period in 1981; maximum withdrawal at that time was 1723 acre feet and this year's estimated use will probably be between 1600 and 1700 acre feet. He reviewed several alternatives for Council consideration to establish water equivalency award for the 1986 calendar year and also reviewed recommendations made by the Planning Commission and Water Advisory Board. Councilmember Kaltenbach found out retrofit does structures built under element of risk. asked what would happen if the City not work. Mr. Multari stated the the program would stand; there is an Ben Bradley, a contractor, asked who would assume the liability of a contractor going into an individual's home to install retrofit devices. Mr. Multari stated the contractor should hire a plumber with a license to work for him. Peter Diffley stated the staff report misses the point of Mea- sure F which is to space out the population growth in the City between 1985 and the year 2000 so it does not grow in spikes. He said the mix between commercial and residential allocation needs to be adjusted in favor of residential development. Bob Ward requested an update as to the status of the water line replacement program, and why more leaky pipes had not been replaced. Shirley Fisher objected to the extra weight given to commercial vs residential users. Pat Sparrow, representing a small group of developers, relayed his frustration with the system and the way the standards kept changing. He noted his project was one of the first that made application for the retrofit program, and it is a multi-family residential project. Robert Lane also spoke to the historical mix of residential vs commercial and felt it should be changed to 80% residential vs 20% commercial. MOTION: Councilmember Kaltenbach moved the closed. The motion was seconded Miller and unanimously carried. (5-0) public hearing be by Councilmember It was noted Mr. Sparrow's project was at the top of the retrofit program list. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -DECEMBER 9, 1985 PAGE THREE Councilmember Risley asked about the pipeline replacement pro- gram status and Mr. Napper stated staff was 5 to 6 months behind schedule due to several factors. One was lack of man-power; the City needs an opinion from the City Attorney as to whether it can hire crews on a contract basis as opposed to people on full- time payroll. The primary factor was the 2 to 3 month delay in formal approval of the Safe Drinking Water loan by the State, and the State's acceptance of force account labor to do the con- struction. Additional delay time was incurred in the design and bidding phases of the project. Councilmember Kaltenbach said the City could hire day labor on any big project; he said he is against retrofit and does not feel the City is losing that much water through leaky pipes. Councilmember Miller was not in favor of changing the allocation process again; he said retrofit has been passed, Measure Fis law, and the City should proceed on that basis. MOTION: Councilmember Miller moved Council adopt Option A in the Staff report to allocate existing 47 equivalencies under the usual four-quarter awards. The motion was seconded by Mayor Zeuschner. Mayor Zeuschner was also in favor of reviewing the mix between residential and commercial allocations. Councilmember Risley reviewed a chart he had prepared which reflected the amount of water Morro Bay would need to the year 2000 based on 1985 water use. He calculated the City would need 2200 acre feet of water per year by 2000 based on using 1700 acre feet in 1985. He noted replacing leaky pipes and a retro- fit program is not going to bring in that 500 additional acre feet necessary to support a 12 ,200 population by 2000. He emphasized the necessity to find a supplemental source of water and encouraged everyone to attend a special Council meeting on January 9th to discuss this subject. He stated he would refrain from voting on this issue because it does not solve the water problem. Councilmember Sheetz stated she favored Option D which allows a usual first quarter award with 23 equivalencies and postpones further awards until a larger reserve of equivalencies is earned. In this way, those individuals currently waiting could receive their equivalencies and the program could be reevaluated in July for further awards. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -DECEMBER 9, 1985 PAGE FOUR The motion failed on the following roll call vote: AYES: Miller, Zeuschner NOES: Kaltenbach, Sheetz ABSTAIN: Risley MOTION: Councilmember Sheetz moved for approval of Option D to hold a first quarter award with 23 equivalencies; then, postpone further awards until a larger reserve of equivalencies is earned, with reviews in April and July. The motion was seconded by Councilmember Kaltenbach and carried on the following roll call vote: AYES: Kaltenbach, Miller, Sheetz, Zeuschner NOES: None ABSTAIN: Risley MOTION: Councilmember Sheetz moved for ·adoption of Resolution No. 121-85 citing Option D. The motion was accepted by Councilmember Kaltenbach and carried with Councilmember Risley abstaining. (4-0-1) There was discussion regarding staff suggestion to evaluate water hook-up fees and waivers and staff was directed to bring this review back for consideration at a subsequent meeting. MOTION: Councilmember Sheetz moved Council accept the 1985 Water Allocation Report. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) A-2 ORDINANCE NO. 275 ADOPTING FIRE, BUILDING AND RELATED CODE AMENDENTS (FIRST READING) Mr. Multari stated this ordinance adopts the most recent editions of the various building and related codes for enforce- ment of those activities. He recommended Council conduct a public hearing and adopt Ordinance No. 275 as first reading. Mayor Zeuschner opened the hearing to the public; as there were no comments, the hearing was closed. MOTION: Councilmember Risley moved Ordinance No. 275 be read by title and number only. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -DECEMBER 9, 1985 PAGE FIVE Mr. Napper read Ordinance no. 275 by title and number only. He stated there is a minor change in the title of the ordinance; "Uniform Electrical Code" should be changed to read "the 1984 edition of the National Electrical Code," and "geographic" in Section 3 should be changed to "geologic." MOTION: Councilmember Risley moved No. 275 as a first reading as seconded by Councilmember carried. ( 5-0) for adoption of Ordinance amended. The motion was Sheetz and unanimously Mr. Napper stated the Government Code requires a second reading on this ordinance be at a noticed public hearing. MOTION: Councilmember Sheetz moved staff be advertise the ordinance for a public next Council meeting on January 13th. seconded by Councilmember Miller carried. ( 5-0) B. UNFINISHED BUSINESS authorized to hearing at the The motion was and unanimously B-1 HARBOR COMMISSION REPORT, TIDELANDS PARK CONCEPT PLAN Alan Davis, Harbor Director, reviewed the Harbor Commission's concerns with regard to the Tidelands Park concept plan. They included lack of information on environmental impact to the bay, navigational safety, proximity of structures to channel and dredging problems. The Commission recommended deletion of Phase II due to these problems; they also recommended postponing Phase III. Ric Deschler, Chairman of the Harbor Commission, stated the information in Council's packet is not accurate; the Coastal Conservancy is interested in side-ties, not slips. He said this concept plan was rushed through the various commission's and there was not enough public input into the plan. A policy needs to be established on who will be allowed to rent the sltps, recreation or commercial vessels. He noted the Morro Ave. extension is not included in the concept plan and the Coastal Conservancy is not satisfied with the plan the way it is. Mayor Zeuschner noted staff's recommendation was to uphold Council's earlier action to support the concept plan. Councilmember Sheetz was in favor of staff recommendation; she stated the concept plan is not a final plan and she agrees with the Harbor Commission on some of its concerns. She had met with Peter Grenell of the Coastal Conservancy and he stated grant MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -DECEMBER 9, 1985 PAGE SIX monies are available to help finance this project, but not forever. She was in favor of approving the concept plan and instructing staff to proceed with applying for grant funds. She also suggested a study session to discuss a more precise plan. MOTION: Councilmember Sheetz moved Council accept the concept plan and instruct staff to go forward with the grant application and instruct the City Administrator to set up a work session with the Harbor Commission, Peter Grenell and the Council. The motion was seconded by Councilmember Risley. Councilmember Risley stated he seconded the understanding this is not the final plan but make sure application is made for funding. motion with the approval just to Mr. Napper asked for clarification as to whether Council favored side-ties over slips; Mayor Zeuschner favored the side-ties, with Council concurrence. Councilmember Miller stated he disagreed with the Harbor Commis- sion 100% on their recommendation. Warren Dorn stated Council should review the lawsuit involving this area because Morro Avenue is not to be connected with the Embarcadero. Comments were also heard from M'May and Peter Diffley. Mr. Diffley said he asked Mr. Grenell if there were any time constraints on funding and Mr. Grenell had said no. Mr. Hartzell suggested the Parks and Recreation Commission be included in the study session since the area is proposed as a park. Councilmember Sheetz amended her motion to include the Parks and Recreation Commission in the study session. The amendment was accepted by Councilmember Risley and the motion was unanimously carried. (5-0) B-2 HARBOR COMMISSION REPORT, LEASE SITE 49-49W PRIVATIZATION Mr. Napper recommended Council withhold discussion on this matter in view of their action on the Tidelands Park issue. He will bring the matter back for discussion when there is a final plan for the Tidelands Park area. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -DECEMBER 9, 1985 PAGE SEVEN MOTION: Councilmember Risley moved after the joint meeting on The motion was seconded by unanimously car~ied. (5-0) C. NEW BUSINESS this item be tabled until the Tidelands Park matter. Councilmember Sheetz and C-1 SET DATE TO INTERVIEW ADVISORY BOARD CANDIDATES MOTION: Councilmember Risley moved Council set Monday, December 16, 1985 at 5:45 p.m. in the City Hall Conference Room to interview applicants for the advisory boards. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) C-2 HARBOR COMMISSION REPORT, HANDICAP PARKING ON EMBARCADERO Mr. Napper stated as of today there is one handicapped parking space at the Great American Fish Co. restaurant and one at the Harbor Hut. Alan Davis reported on the Harbor Commission's recommendation to establish one handicapped space per block between Beach and Anchor Streets, and two per lot in each of the public parking lots north of Beach Street; this was recommended on an interim basis before the Traffic Circulation Plan is completed. MOTION: Councilmember Miller moved for approval of the staff recommendation to defer this matter to the Traffic Circulation study and review. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) C-3 CITY-FUNDED LOCAL ARTS GRANT COMPETITION Steve Wolter reviewed the arts grant competition concept and the recommendation from the Community Promotions Committee for the Parks and Recreation Commission to review the program and recom- mend criteria for implementation. Mr. Wolter reviewed the criteria recommended by the Commission and their expressed concern the grant is a one-time grant and the City should try to continue the program. The recommendation included a review committee be established to judge the applications and the committee consist of 2 Parks and Recreation Commissionsers, one member of the staff at San Luis Obispo County Arts Council, one member of the Morro Bay Art Association and a member of the Community Promotions Committee. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -DECEMBER 9, 1985 PAGE EIGHT MOTION: Councilmember Risley moved for approval of the staff recommendation to endorse a 2-year program, authorize staff to advertise and solicit proposals, and request the Mayor to nominate members to a Local Arts Committee for Council ratification. The motion was seconded by Councilmember Kaltenbach. Councilmember Miller stated he had been allocation when it was first approved by not feel it was an appropriate expenditure. against the $4,000 Council and still did The motion carried on the following roll call vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: Miller Councilmember Risley asked if the composition of the committee would be as noted in the staff report; Mayor Zeuschner stated it would and he would bring those names for Council consideration at the next meeting. C-4 RESOLTUION NO. 120-85 AUTHORIZING FILING OF AN APPROPRIATIVE WATER RIGHTS PERMIT, TORO CREEK BASIN Mr. Nichols explained the process to file appropriative water rights permits and noted superiority of permits is based on the date of filing an application, so early filing is imperative. He recommended Council adopt Resolution No. 120-85 and direct staff to begin negotiations to develop this water for City purposes. MOTION: Councilmember Kaltenbach Resolution No. 120-85 negotiations in order The motion was seconded moved for the adoption of and authorize staff to begin to develop this water source. by Councilmember Risley. Councilmember Risley stated the Public Works Director should be commended for his agressive action in this matter and also commended the Water Engineer, Dave Norton, for his expertise in directing the drilling operations. The motion was unanimously carried. (5-0) C-5 FY 83-84 AUDIT MANAGEMENT LETTER Louise Burt, Finance Director, reviewed the letter from City's auditors with suggested areas of improvement in City's accounting practices. She stated the key phrase the the "no MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -DECEMBER 9, 1985 PAGE NINE material weaknesses" indicates an acceptable accounting control program. She reviewed the suggestions made by the auditors for improvement and how her department would implement the sugges- tions. MOTION: Councilmember Sheetz moved Council Audit Management Letter for file. seconded by Councilmember Miller carried. (5-0) receive The and the FY83-84 motion was unanimously C-6 REQUEST TO TRANSFER WATER EQUIVALENCY, 280 BRADLEY SFD PROJECT Mr. Multari explained Mr. Garvin had agreed, as a part of the "owner-occupant" category for water equivalencies, not to sell or rent his new house for at least one year after it was com- pleted. Since that time, Mr. Garvin's wife has passed away and he is now requesting Council waive the one-year requirement due to special circumstances and allow him to sell the house and therefore transfer the water equivalency. Staff recommended approval of the request. MOTION: Councilmember Sheetz moved Council authorize the transfer of the water equivalency due to the special circumstances of the case. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF NOVEMBER 25, 1985 Mr. Napper recommended Council approve the minutes as submitted. Councilmember Risley requested a correction on page minutes, second paragraph. He did not believe Mr. the word "minimal" in relation to the erosion Village. eight of the Multari used at Bayshore D-2 RESOLUTION NO. 119-85 APPOINTING CITY ATTORNEY Mr. Napper recommended Council adopt the resolution by the Acting City Attorney to eliminate the authorizing the Mayor to sign the contract with Attorney; this should be approved when Council has document before them. as revised paragraph the City the actual MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -DECEMBER 9, 1985 PAGE TEN D-3 PROCLAMATION DECLARING DECEMBER 15 THROUGH 21, 1985 DRUNK AND DRUGGED DRIVING AWARENESS WEEK Mr. Napper recommended Council authorize the Mayor to proclaim the week of December 15th through 21st as Drunk and Drugged Driving Awareness Week. D-4 CANCELLATION OF SECOND COUNCIL MEETING IN DECEMBER (DECEMBER 23RD) Mr. Napper recommended Council cancel the December 23rd regular Council meeting D-5 AUTHORIZATION FOR OUTSIDE COMMUNITY PROMOTIONS EXPENDITURE Mr. Napper recommended Council authorize the expenditure of $3,652.55 from the Outside Community Promotions Fund for magazine advertising of the City. D-6 RESOLUTION NO. 118-85 AUTHORIZING CITY EMPLOYEE APPLICATION FOR STATE DISABILITY INSURANCE Mr. Napper recommended Council adopt Resolution No. 118-85 as revised by the Acting City Attorney. D-7 ACTION REGARDING PUBLIC IMPROVEMENTS ON TRACT 729 FINAL MAP (BAYSHORE VILLAGE) Mr. Napper reviewed the supplemental report from the Director of Public Works and recommended Council accept the public improve- ments subject to completion of a punch list items by May 1, 1986; he also recommended Council authorize partial release of the Developer's construction bonds and authorize the City Administrator to cause a Notice of Completion to be recorded. D-8 APPROVAL OF WASTEWATER TREATMENT PLANT MONITORING PROGRAM CONTRACT Mr. Napper recommended Council approve the services contract with Brown & Caldwell in the maximum amount of $95,000 and authorize the City Administrator to execute the contract. D-9 APPROVAL OF LOCAL TRANSIT FUND CLAIM AMENDMENT Mr. Napper recommended Council authorize the FY84-85 transfer of $38,000 transit fund monies to the Gas Tax Fund, and $38,000 of General Fund-subsidized Gas Tax revenue to the Transit Fund, and the amended LTF claim to be filed. MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -DECEMBER 9, 1985 PAGE ELEVEN MOTION: Councilmember Kaltenbach moved for Council approval of the Consent Calendar with the correction to the minutes and the revisions to the resolutions. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL A. Councilmember Sheetz suggested Council dissolve the Golf Course Advisory Committee due to the fact the City has discontinued its efforts to obtain the Morro Bay Golf Course. MOTION: Councilmember Sheetz moved the Golf Course Advisory Committee be dissolved and their service be appro- priately recognized. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) B. Mayor Zeuschner stated he and Councilmember Risley had been preparing a letter for Council signature promoting the special Council meeting on water to be held January 9th. MOTION: Councilmember Sheetz moved Mayor Zeuschner and Council- member Risley be appointed as a subcommittee to draft the letter and circulate to Councilmembers for signa- ture. The motion was seconded by Councilmember Miller and carried with Mayor Zeuschner abstaining and Councilmember Kaltenbach out of the room at the time of the vote. C. Councilmember Miller asked if Council would recognize the resolution by Morro Bay Beautiful on their activities. Mayor Zeuschner stated he planned to make appropriate recogni- tion during official activities for community clean-up month in April. E-2 CITY ADMINISTRATOR A. Mr. Napper stated it was time to have a quarterly meeting with the Cayucos Sanitary District, however, he suggested Council postpone the meeting until January. At that time, an agenda item could be scheduled to consider having semi-annual meetings as opposed to quarterly meetings. MOTION: Councilmember Sheetz moved Council authorize the City Administrator to suggest a January meeting with the Cayucos Sanitary District Board. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) MINUTES -MORRO BAY CITY COUNCIL REGULAR MEETING -DECEMBER 9, 1985 PAGE TWELVE E-3 CITY ATTORNEY A. Anne Russell expressed her pleasure in having been of assistance to the City of Morro Bay during this interim period. F. ADJOURNMENT MOTION: Councilmember Risley moved Council adjourn to Wednes- day, December 11, 1985 at 7:00 p.m. in the City Hall Conference Room for a joint meeting with the Parks and Recreation Commission. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) The meeting adjourned at 9:50 p.m. Recorded by: Ardith Davis Deputy City Clerk