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HomeMy WebLinkAboutCC_1986-01-13 Regular Meeting MinutesMORRO BAY .. CITY COUNCIL AGENDA REGULAR MEETING - JANUARY 13, 1986 RECREATION HALL - 7:00 P.M. ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS WINNERS OF CITY PARK NAMING CONTEST 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 COMMUNITY DEVELOPMENT ANNUAL ACTIVITY REPORT A-2 ORDINANCE NO. 277 ADOPTING A CABLE TELEVISION ORDINANCE - FIRST READING A-3 ORDINANCE NO. 276 AMENDING PARKS AND RECREATION ORDINANCE - FIRST READING A-4 ORDINANCE NO. 275 ADOPTING FIRE, BUILDING, AND RELATED CODE AMENDMENTS - SECOND READING A-5 ORDINANCE NO. 278 EXTENDING INTERIM URGENCY ZONING ORDINANCE - BEACH TRACT AREA - URGENCY ORDINANCE A-6 CONSIDERATION OF AMENDMENT TO WATER ALLOCATION MODEL; MODIFIED MIX OF RESIDENTIAL (60%) TO COMMERCIAL/INDUSTRIAL (40%) B. UNFINISHED BUSINESS B-1 APPOINTMENTS TO CITY LOCAL ARTS GRANT REVIEW COMMITTEE C. NEW BUSINESS C-1 RESOLUTION NO. 3-86 EXTENDING INTERIM FRANCHISE AGREEMENT WITH SONIC CABLE TELEVISION (60 DAYS) C-2 CONSIDERATION OF VEHICLE GRANT ACQUISITION AND ASSIGNMENT TO MORRO BAY SENIOR CITIZENS, INC. FOR OPERATIONAL USE AND MAINTENANCE AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 1986 PAGE TWO Do CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF DECEMBER 9, 1985 AND THE ADJOURNED REGULAR MEETINGS OF DECEMBER 11 AND 16, 1985 D-2 DECLARATION OF SURPLUS PROPERTY D-3 LIABILITY CLAIMS REJECTIONS (FRECKER; SHORT) D-4 RESOLUTION NO. 4-86 SETTING RENTAL RATES FOR LIBRARY COMMUNITY ROOM D-5 APPROVAL OF CITY ATTORNEY SERVICE AGREEMENT D-6 RESOLUTION NO. 1-86 APPLYING TO THE STATE DEPARTMENT OF HEALTH SERVICES FOR DOMENGHINI WELL CONNECTION D-7 STATEMENT OF INVESTMENTS - NOVEMBER 1985 D-8 EXPENDITURE REPORT - NOVEMBER, 1985 D-9 CHAMBER OF COMMERCE MONTHLY REPORT - NOVEMBER, 1985 D-10 RESOLUTION NO. 2-86 SUPPORTING AB 2020, THE "BOTTLE BILL" D-11 RESOLUTION NO. 5-86 ACCEPTING TRANSFER OF PROPERTY KNOWN AS THE "VETERANS MEMORIAL BUILDING" FROM THE COUNTY OF SAN LUIS OBISPO E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY F. ADJOURNMENT: To Cayucos/Morro Bay JPA meeting Wednesday, 15 January 1986, City Hall Conference Room 7 P.M. MINUTES - MORRO REGULAR MEETING RECREATION HALL BAY CITY COUNCIL - JANAURY 13, 1986 - 7:00 P.M. The meeting was called to order at 7:00 p.m. by Mayor Zeuschner. ROLL CALL PRESENT: Bud Zeuschner Ray Kaltenbach Jim Miller Bruce Risley ABSENT: Rose Marie Sheetz STAFF: Gary Napper Judy Skousen Forrest Henderson Dave Howell Mike Multari Nick Nichols Steve Wolter Horace Strong led the Pledge invocation. PRESENTATIONS Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Asst. to the City Admin. Police Chief Comm. Development Dir. Public Works Director Recreation Director of Allegiance and gave •the r Mayor Zeuschner and Joan Silva, Parks and Recreation Commission Chairman, presented prizes and Certificates of Appreciation to the winners of the City Park Naming Contest for the park at Bayshore Villas. The winning name is Bayshore Bluffs which was submitted by Mr. Harry E. Carter. Second Place went to Duane and Joanne Ransom and third place to Nancy Bast. ORAL COMMUNICATIONS 1. Devin Thor offered a New Years greeting to all from the Morro Bay Chamber of Commerce, and that he is the Chair of the Chamber's Legislature Committee wanting to work with the City on agreeable issues. 2. Mayor Zeuschner offered a New Years greeting to all from the City Council. He reviewed the highlights of 1985 stating last year's business licenses had increased by 200, a lot of progress had been made on the City's water problems, and indicated pleasure at the opening of the new Library. He hoped attention could be centered on working on the Community Center funding. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 1986 PAGE 2 A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 COMMUNITY DEVELOPMENT ANNUAL ACTIVITY REPORT Mr. Multari stated the report Commission to the City Council. items contained in the report consistent with the General Plan rewriting the Zoning Ordinance. is actually from the Planning He discussed some of the main indicating zoning had to be so they were in the process of He noted the Subdivision Ordinance is out of date and will be rewritten in 1986 with particular attention being given to the North Main Street strip. He reviewed the number of building permits issued in 1985 as compared to 1983-84 and covered some of the concerns about water and what sector should receive water equivalencies. The Zoning Code Inspector had been hired half-time and has already handled over 200 complaints. Mr. Multari gave a slide presentation showing some of the new construction in the City which fits in with the character of Morro Bay; he also showed some which could have had better planning. Councilmember Risley stated he with the amount of work done Department and hoped the news considerable coverage. He also of low-cost apartment housing to has been impressed in the past by the Community Development media would give the report expressed concern over the loss condominium conversions. Councilmember Kaltenbach felt the report was well written and hoped to see some improvement on the waterfront. A-2 ORDINANCE NO. 277 ADOPTING A CABLE TELEVISION ORDINANCE - FIRST READING Mr. Napper reviewed the efforts of the TV Franchise and Services Board and Mr. Henderson in developing this ordinance. Mr. Henderson reviewed the specifics of the proposed ordinance. Councilmember Risley asked about a provision in the ordinance which is already existing law. City Attorney Judy Skousen stated there is a similar State law, but keeping it in the ordinance will make people more aware that tapping into cable services is illegal. Mayor Zeuschner opened the matter to the public for discussion. Dennis Sheridan, a member of the TV Board, indicated the Board's pleasure in getting this ordinance to Council; one item he was particularly pleased about getting in the ordinance was the provision that allows an individual to have an amount deducted from their bill if they write to Sonic about losing cable services as a result of a Sonic Cable TV problem. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 1986 PAGE 3 Councilmember Kaltenbach thanked all who had worked on this project. He said since the new satellite had been launched, it would make it possible to use as small as a 24" dish to pick up tv channels, making hardwire cable service obsolete. Councilmember Risley asked if the ordinance will strengthen the position of the people of Morro Bay and reviewed some recent program changes made by Sonic which caused people to be dissatisfied. Mr. Henderson said no; cable companies control programming and the City does not have authority in this area. Mr. Napper said the survey to be taken twice during a 5-year period would be a good tool to measure the reactions of the people in the City concerning tv programming. Jim Murphy, recently appointed to the TV Board, stated he was working on reinstating the San Francisco KQED channel taken off the air by Sonic some time ago. MOTION: Councilmember Kaltenbach moved Ordinance No. 277 be read by title and number only. The motion was seconded by Councilmember Risley and unanimously carried. (4-0) Mr. Napper read Ordinance No. 277 by title and number. MOTION: Councilmember Kaltenbach moved for adoption of first reading of Ordinance No. 277. The motion was seconded by Councilmember Miller and unanimously carried. (4-0) A-3 ORDINANCE NO. 276 AMENDING PARKS AND RECREATION ORDINANCE - FIRST READING Steve Wolter reviewed the housekeeping changes to include the Parks Department as part of the Recreation Department. One of the major changes is to close parks during certain hours to curtail vandalism and another to establish penalties for violations. Councilmember Miller asked when the parks would be closed and Mr. Wolter said that would be determined by the Recreation and Parks Commission based on the use at each park. Mayor Zeuschner opened the matter to the public; there were no comments. MOTION: Councilmember Risley moved Ordinance No. 276 be read by title and number only. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (4-0) Mr. Napper read Ordinance No. 276 by title and number only. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 1986 PAGE 4 MOTION: Councilmember Risley moved Council adopt Ordinance No. 276 as first reading. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (4-0) A-4 ORDINANCE NO. 275 ADOPTING FIRE, BUILDING_,_AND RELATED CODE AMENDMENTS - SECOND READING Mayor Zeuschner opened the matter to the public; there were no comments. MOTION: Councilmember Risley moved Ordinance No. 275 be read by title and number only. The motion was seconded by Councilmember Miller and unanimously carried. (4-0) Mr. Napper read Ordinance No. 275 by title and number only. MOTION: Councilmember Miller moved for the adoption of Ordinance No. 275 and this constitute the second and final reading of the ordinance. The motion was seconded by Councilmember Risley and unanimously carried. (4-0) A-5 ORDINANCE NO. 278 EXTENDING INTERIM URGENCY ZONING ORDINANCE - BEACH TRACT AREA - SECOND READING Mr. Multari explained the current Ordinance expired January 9th and it is necessary for Council to extend this ordinance until approval of the LCP amendments by the Coastal Commission, at which time the City Council can incorporate the zoning amendments into City Code. Mayor Zeuschner opened the matter to the public; there were no comments. MOTION: Councilmember Miller moved Ordinance No. 278 be read by title and number only. The motion was seconded by Councilmember Risley and unanimously carried. (4-0) Mr. Napper read Ordinance No. 278 by title and number only. MOTION: Councilmember Miller moved Ordinance No. 278 be adopted as an urgency measure. The motion was seconded by Councilmember Risley and unanimously carried by roll call vote. (4-0) A-6 _CONSIDERATION OF AMENDMENT TO WATER ALLOCATION MODEL; MODIFIED MIX OF RESIDENTIAL (60%)_TO COMMERCIAL/INDUSTRIAL Mr. Napper referred to the special water meeting held last week and indicated this item was continued to this meeting. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 1986 PAGE 5 Mr. Multari noted the present apportionment of water equivalencies was distributed to commercial 48.6%, industrial 8.5% and residential 42.8%. Council had indicated at a previous meeting they might like to see the allocations redistributed to be more in favor of residential. He had contacted the Coastal Commission to see if they would react favorably towards this change and said their initial reaction was not in favor but they would reserve judgment until they have the opportunity to analyze staff materials. Their concern was that enough water be available for "higher priority uses" under the Coastal Act such as commercial fishing and visitor -serving commercial. He stated the current model allows for various adjustments to take into account actual demand and although only 43% is allocated for residential, 54% of the water has actually gone to residential uses. Councilmember Kaltenbach asked when a water equivalency is issued and the property subsequently sold before it is built, does the water equivalency automatically revert back to the City? Mr. Multari said yes, unless Council gives approval to go with the new owner. Mayor Zeuschner opened the matter to the public. Robert Lane was in favor of reallocating the equivalencies in favor of new small single family residences; perhaps 80%-200. Councilmember Miller felt the ordinance should be left as it is, and that it was a waste of time and money to go back to the Coastal Commission. Councilmember Risley said the City has been overbuilt with motels the past couple of years; he discussed the seasonal use of water and felt it had not been taken into account when the water allocation model was approved. Councilmember Kaltenbach was in favor of a 80-20 allocation, and state that the Coastal Commission should not dictate to the City. Mayor Zeuschner stated he was on the Council when they requested the Coastal Commission to change the allocation and was disappointed when they did not do so. He felt it was worth asking for again, however, and suggested staff look at the issue also. He was also interested in higher priority for multiple family units and making lower income housing available in Morro Bay. Councilmember Risley agreed with Mayor Zeuschner's observations but felt there were other factors to be taken into consideration such as looking at what has actually happened. MOTION: Councilmember Risley moved the matter be referred to staff and Planning Commission for further study. The MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 1986 PAGE 6 motion was seconded by Councilmember Kaltenbach and carried with Councilmember Miller voting no. (3-1) B. UNFINISHED BUSINESS B-1 APPOINTMENTS TO CITY LOCAL ARTS GRANT REVIEW COMMITTEE Mayor Zeuschner requested this item be postponed to the next meeting since Councilmember Sheetz is absent and she is chairman of the Community Promotions Committee associated with this program. MOTION: Councilmember Risley moved this item be continued to the next meeting. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (4-0) C. NEW BUSINESS C-1 RESOLUTION NO. 3-86 EXTENDING INTERIM FRANCHISE AGREEMENT WITH SONIC CABLE TELEVISION (60 DAYS) Mr. Henderson stated the interim franchise the City is currently operating under expires January 13th and a new ordinance will not be adopted in time. The extension is proposed to allow time to continue negotiations with Sonic and finalize any agreement. MOTION: Councilmember Risley moved Council adopt Resolution No. 3-86. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (4-0) C-2 CONSIDERATION OF VEHICLE GRANT ACQUISITION AND ASSIGNMENT TO MORRO BAY SENIOR CITIZENS1 INC. FOR OPERATIONAL USE AND MAINTENANCE Mr. Wolter discussed the offer made by the Area Agency on Aging to make a 1980 Dodge Van available for serving seniors. He reviewed the operating costs of the vehicle and stated staff had met with the Senior Board of Directors to discuss their need for the van. The City had proposed to cover insurance costs for the van if the Seniors would agree to operate and maintain the van at their cost. The Board had determined existing senior needs are not strong enough to incur the operating costs of a senior van. Staff recommended no action be taken. MOTION: Councilmember Miller moved Council accept the report. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (4-0) Mayor Zeuschner suggested a thank -you note be written to the Area Agency on Aging thanking them for their offer. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 1986 PAGE 7 D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES_ OF THE REGULAR MEETING_ OF DECEMBER 9, 1985 AND THE ADJOURNED REGULAR MEETINGS OF DECEMBER 11 AND Mr. Napper recommended the minutes be adopted as submitted. D-2 DECLARATION OF SURPLUS_ PROPERTY Mr. Napper recommended Council declare the 1975 Ford Maverick as surplus City property and authorize it to be sold at public auction. D-3 LIABILITY CLAIMS REJECTIONS (FRECKER; SHORT Mr. Napper recommended Council deny the claims and direct the City Clerk to send the rejection letters. D-4 RESOLUTION NO. 4-86 SETTING RENTAL RATES FOR LIBRARY COMMUNITY ROOM. _ Mr. Napper recommended Council adopt Resolution No. 4-86 establishing rental fees for the Library Community Room. D-5 APPROVAL OF CITY ATTORNEY CONTRACT Mr. Napper recommended Council approve the Legal Services Agreement with Judy Skousen and authorize the Mayor and City Clerk to execute the agreement. D-6 STATE DEPARTMENT OF HEALTH SERVICES APPLICATION - DOMENGHINI WELL TEMPORARY USE Mr. Napper recommended Council adopt Resolution No. 1-86 authorizing the filing of a permit application with the State Department of Health Services as a contingency plan for use of Domenghini family water in the event of an emergency water supply shortage, and authorize the City Administrator to execute the permit application. D-7 STATEMENT OF INVESTMENTS - NOVEMBER, 1985 Mr. Napper recommended Council accept the report for file. D-8 EXPENDITURE REPORT - NOVEMBER 1985 Mr. Napper recommended Council approve the Expenditure Report as submitted. Am CHAMBER OF COMMERCE MONTHLY REPORT - NOVEMBER 1985 Mr. Napper recommended Council receive the report for file. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 1986 PAGE 8 D-10 RESOLUTION NO. 2-86 SUPPORTING THE _"BOTTLE �BILL" - AB2020 Mr. Napper recommended Council adopt Resolution No. 2-86 supporting AB2020 and direct the City Clerk to distribute copies of the Resolution to legislators and interested organizations. D-11 RESOLUTION NO. 5-86 ACCEPTING TRANSFER OF PROPERTY KNOWN AS THE "VETERANS MEMORIAL BUILDING" FROM THE COUNTY OF�SAN LUIS OBISPO Mr. Napper recommended Council adopt Resolution No. 5-86. Councilmember Kaltenbach requested items D-6 and D-10 be pulled from the Consent Calendar and considered separately. MOTION: Councilmember Kaltenbach moved for approval of the Consent Calendar with the exception of items D-6 and D- 10. The motion was seconded by Councilmember Risley and unanimously carried. (4-0) D-6 DOMENGHINI WELL Councilmember Kaltenbach didn't know why the City would accept the Domenghini water; he felt the contract should just be left to run out and do nothing more with it. Councilmember Miller disagreed, stating it does not cost anything to file the permits and we could go ahead and access the water in the event of an emergency. Mayor Zeuschner also did not feel there was any harm in following through on this contractural matter. MOTION: Councilmember Miller moved for adoption of Resolution No. 1-86. The motion was seconded by Councilmember Risley and carried on the following roll call vote: AYES: Miller, Risley, Zeuschner NOES: Kaltenbach ABSENT: Sheetz D-10 RESOLUTION NO. 2-86- BOTTLE BILL Councilmember Kaltenbach felt this legislation if enacted would be a problem for stores as far as storing the returns; he did not support AB2020. Councilmember Miller noted Oregon has similar legislation and it has an effect on the amount of trash on the highways. Councilmember Risley also indicated he would like to see this legislation enacted. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 1986 PAGE 10 MOTION: Councilmember Risley moved Council appoint the City Administrator or his/her designee as the City's Hearing Officer in disciplinary proceedings. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (4-0) B. Mr. Napper stated two committee members of the Community Center Committee are unable to serve on that committee, Ernie Miller and Roger Pankratz. Two recommended replacements are Devin Thor and Geoff Moreland who had indicated they are willing to serve on the committee. The City Council approved the new appointments and requested letters of thanks be sent to those unable to serve. E-3 CITY ATTORNEY Judy Skousen stated she had nothing to report at this time. F. ADJOURNMENT MOTION: Councilmember Katenbach moved Council adjourn to closed session to discuss the Cabrillo lawsuit as allowed under Government Code Section 54956.9. The motion was seconded by Councilmember Risley and unanimously carried. (4-0) Council adjourned to closed session at 10:10 p.m. and returned to regular session at 10:36 p.m. MOTION: Councilmember Risley moved the meeting adjourned to Wednesday, January 15, 1986 at 7:00 p.m. in the City Hall Conference Room for a joint meeting with the Cayucos Sanitary District. The motion was seconded by Mayor Zeuschner and unanimously carried. (4-0) The meeting adjourned at 10:37 p.m. Rec rded by: ELANE NOVAK Deputy City Clerk MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 1986 PAGE 9 MOTION: Councilmember Risley moved for the adoption of Resolution No. 2-86. The motion was seconded by Councilmember Miller and carried on the following roll call vote: AYES: Miller, Risley, Zeuschner NOES: Kaltenbach ABSENT: Sheetz E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL A. Councilmember Kaltenbach expressed concern about the delay in inspection of violations on the waterfront. He would like to see the most obvious offenders taken care of first. It was agreed he would contact the Harbor Director and point this out to him. B. Councilmember Miller stated he received complaints from business people in the area of North Main Street because of the Cayucos sewage line construction taking place; he did not like the idea of detours and felt the contractor should have someone directing traffic so it could go through. Mr. Napper stated staff was monitoring this situation and he would report to Council at the JPA meeting with the Cayucos Sanitary Board on Wednesday night. C. Councilmember Risley asked the City Attorney if she would give an opinion on the City Council supporting the "deep pocket initiative" which will be on the June ballot. Ms. Skousen stated Council needs to be very careful about what is said and done with public funds with regard to initiatives; it would be best to lobby through the League of California Cities. Mayor Zeuschner asked if adopting a resolution on the subject would be acceptable and MS. Skousen stated it would, but Council should refrain from trying to sway citizens in anyway. Councilmember Risley asked if he could take out an ad in the newspaper supporting the issue and pay for it with his own funds. Ms. Skousen advised against using his position as a Councilmember in support of the initiative. D. Councilmember Risley requested a closed session at the conclusion of the meeting to discuss the Cabrillo lawsuit. E-2 CITY ADMINISTRATOR A. Mr. Napper requested Council appoint the City Administrator or his/her designee to be the City's Hearing Officer in disciplinary proceedings.