HomeMy WebLinkAbout2011ORDINANCES
2011
NO. TITLE ADOPTED
571 ORDINANCE TO AMEND THE CITY'S MUNICIPAL
CODE TITLE 3 - REVENUE AND FINANCE, CHAPTER 3.30.
UNCLAIMED MONEY AND PROPERTY, SECTION 3.30.080
PROCEEDS TO BE DEPOSITED IN GENERAL FUND TO
READ DISPOSITION OF PROCEEDS 09 -27 -11
572 ORDINANCE REPEALING CHAPTER 2.28 OF THE
MUNICIPAL CODE RELATED TO THE PLANNING
COMMISSION AND IMPLEMENTING INSTEAD THE
PLANNING COMMISSION BY -LAWS 09 -27 -11
573 ORDINANCE AMENDING SECTION 2.06 OF THE MUNICIPAL
CODE CHANGING "COUNCILMEN" TO "COUNCILMEMBERS"
AND ADDING SECTION 2.06.040 REGARDING APPOINTMENT
OF BOARDS AND COMMISSIONS 10 -11 -11
574 ORDINANCE AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEENT THE CITY AND THE BOARD OF
ADMINISTRATION OF CALPERS (GOVERNMENT CODE
SECTION 20475 - DIFFERENT LEVEL OF BENEFITS),
SECTION 21353 (2% AT 60 FORMULA), AND SECTION 20037
(3 -YEAR FINAL COMPENSATION) FOR LOCAL
MISCELLANEOUS MEMBERS ONLY 11 -08 -11
575 ORDINANCE AMENDING MORRO BAY MUNICIPAL
CODE SECTION 5.04.330 REGARDING THE PROCEDURE
FOR SUBMITTING CERTAIN BUSINESS LICENSE
APPLICATIONS TO THE CHIEF OF POLICE AND
CITY COUNCIL 12 -13 -11
ORDINANCES
2011
NO. TITLE ADOPTED
565 ORDINANCE AMENDING SECTION 2.08.010 OF
THE MBMC (CITY COUNCIL MEETING TIMES) 02 -08 -11
566 ORDINANCE AUTHORIZING AN AMENDMENT
BETWEEN THE CITY AND THE BOARD ADMINISTRATION
OF THE CALIFORNIA PUBLIC EMPLOYEE RETIREMENT
SYSTEM (DIFFERENT LEVEL BENEFITS FOR LOCAL
FIRE MEMBERS ONLY - 3% @ 55 FORMULA) 02 -08 -11
567 ORDINANCE REPEALING, AMENDING AND
REENACTING CHAPTER 14.48 OF THE MBMC
ENTITLED ILLICIT DISCHARGE AND STORMWATER
MANAGEMENT CONTROL 05 -24 -11
568 ORDINANCE ESTABLISHING INTERIM RULES
REGULATING THE APPROVAL PROCESS AND
CONSTRUCTION OF PROJECTING SIGNS PENDING
COMPLETION OF STUDIES AND THE PREPARATION
OF AN UPDATE TO THE CITY'S ZONING CODE 05 -24 -11
569 ORDINANCE AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL AND THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
(GOVERNMENT CODE SECTION 20475 - DIFFERENT
LEVEL OF BENEFITS, SECTION 21363.1 - 3% @ 55
FORMULA, AND SECTION 20037 - THREE YEAR FINAL
COMPENSATION FOR LOCAL POLICE MEMBERS
ONLY) 08 -09 -11
570 ORDINANCE TO AMEND THE CITY'S MUNICIPAL
CODE TITLE 13 - PUBLIC UTITLITIES, CHAPTER 13.04
WATER SERVICE AND RATES, SECTION 13.04.070
APPLICATION FOR REGULAR SERVICE - TO REQUIRE
IDENTIFICATION 09 -27 -11
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ORDINANCE NO. 575
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY AMENDING MORRO BAY MUNICIPAL CODE
SECTION 5.04.330 REGARDING THE PROCEDURE FOR SUBMITTING
CERTAIN BUSINESS LICENSE APPLICATIONS TO THE
CHIEF OF POLICE AND CITY COUNCIL
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Section 5.04.330 of the Morro Bay Municipal Code regulates and
requires a separate City Council public hearing prior to the issuance of a business license
for the following businesses: arcade, carnival, circus, money lending, pawnbroker,
massage parlor, tent show and private patrol service; and,
WHEREAS, Section 5.04.330 of the Morro Bay Municipal Code also requires
these businesses to annually undergo a public hearing before the City Council to obtain
renewal of their business license; and,
WHEREAS, the City Council desires to amend Section 5.04.330 of the Morro
Bay Municipal Code to eliminate the annual public hearing before the City Council for
these businesses; and,
WHEREAS, the City of Morro Bay needs to amend Section 5.04.330 of the
Morro Bay Municipal Code in order to make this change.
NOW, THEREFORE, following the Public Hearing, and upon consideration of
the testimony of all persons, the City Council of the City of Morro Bay does ordain
Section 5.04.330 of the Morro Bay Municipal Code "Submitting application to chief of
police and city council" be amended as follows:
5.04.330 Submitting application to chief of police
A. The application for a business license must be presented to
the chief of police in relation to the following businesses as a prerequisite
to the issuance of such a license:
Carnival;
Circus or menagerie;
Money lending or pawnbroker;
Massage parlor;
Tent show;
Amusement parlor, penny arcade, or playland;
Private patrol service.
B. No license shall be issued to carry on any business at any
location where such would be in violation of Title 17, zoning.
INTRODUCED at a regular meeting the of the City Council of Morro Bay, he] r-1
on the 8th day of November, 2011 by motion of Councilmember Johnson, seconded
Councilmember Borchard. I
vote:
AYES: Borchard, Johnson, Leage, Smukler, Yates
• { M
ROBERT SCHULTk,_Oty Attorney
[off one do� ringly;=Wn n MITm
SECTION 1. That an amendment to the contract between the City Council of the City of Morro
lVay and the Board of Administration, California Public Employees' Retirement System is hereN�
authorized, a copy of said amendment being attached hereto, marked "Exhibit", and such reference
made a part hereof as though herein set out in full.
SECTION 2. The Mayor of the City Council is hereby authorized, empowered, and directed to
execute said amendment for and on behalf of said Agency.
SECTION 3. This Ordinance shall take effect and be in force thirty (30) days from the date of its
passage, and before the expiration of fifteen (15) days after its passage, it, or a summary of it, shall
be published once, with the names of the City Council members voting for and against the same, in
a newspaper of general circulation published in the City of Morro Bay.
INTRODUCED at the regular meeting of the City Council held on the I Ith day of October
2011, by motion of Councilmember Johnson and seconded by Councilmember Borchard.
Said Ordinance was passed and adopted on the 8th day of November 2011, on the
following vote:
AYES: Borchard, Leage, Smukler, Johnson, Yates
NOES: None
ORDINANCE NO. 573
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY TO AMEND SECTION 2.06 OF THE
MORRO BAY MUNICIPAL CODE FROM COUNCILMEN TO
COUNCILMEMBERS AND ADDING SECTION 2.06.040
REGARDING APPOINTMENT OF BOARDS AND COMMISSIONS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Section 2.06 of the Morro Bay Municipal Code is entitled Mayor and
Councilmen and reference is made in the chapter to Councilmen; and
WHEREAS, the City desires to amend the Chapter from Councilmen to Councilmember
to include both genders; and
WHEREAS, the City of Morro Bay needs to add 2.06.040 relating to the appointment of
Boards and Commissions in order to comply with state law.
NOW, THEREFORE, following the Public Hearing, and upon consideration of the
testimony of all persons, the City Council of the City of Morro Bay does ordain Section 2.06 be
amended as follows:
Chapter 2.06 - MAYOR AND COUNCILMEMBERS
Sections:
2.06.010 - Positions to be elective.
2.06.020 - Mayor —Term.
2.06.030 - Council vacancy reform.
2.06.010 - Positions to be elective.
The electors shall elect a mayor and four councilmembers.
2.06.020 - Mayor —Term.
The term of office of the mayor shall be for two years.
2.06.030 - Council vacancy reform.
A. Policy of Full Term Service. Election to public office in the city of Morro Bay
creates a covenant to serve to the best of one's ability the full term of that office
before seeking alternate public office. Without the enactment of the ordinance
codified in this section when a councilmember in the middle of their term moves
to an alternate office it also denies the citizens of Morro Bay the right to vote for
ORDINANCE NO. 573
the person who will fill the vacancy created by that move. If a councilmember
wishes to run for alternate office before his or her term has expired he or she
should resign from their seat so that the voters may elect their replacement in an
orderly manner.
B. How Vacancies Filled. The city council shall immediately call a special
election to fill any vacant seat on the council, including the mayor's seat. The
special election shall be held on the next established election date, as specified in
California Elections Code, which is not less than one hundred fourteen days from
the call of the special election. The city council may appoint an elector who is a
registered voter in the city of Morro Bay to fill such vacancy prior to the special
election. The appointee shall hold office only until the date of said special
election.
1. Mailed Ballots. Notwithstanding the provisions of subsection B, if the date of
the special election otherwise required under subsection B would not be a
consolidated election, the city council may designate the special election to be
held by mailed ballot under the provisions of California Elections Code Section
4004 at the next available mailed ballot election date which is not less than one
hundred fourteen days from the call of the special election.
C. Limitation of Councilmember Who Runs for Mayor Before Completing
Regular Term. A sitting councilmember is disqualified from nomination for
election to the office of mayor in the next election if the remainder of their
council term after the next election cannot be filled by a vote of the electors on or
prior to that election date.
D. Cost Reimbursement.
1. If the special election to fill a council vacancy occurs prior to the next general
municipal election and the former councilmember whose seat was vacated
causing that special election accepts nomination to run for the office of council or
mayor in the next general municipal election, that former councilmember shall
reimburse the city for city costs incurred as a result of said special election if the
term of service for the seat previously vacated would have otherwise overlapped
the term being sought.
2. Any mayor whose election to that office also created the premature vacancy of
their council seat shall reimburse the city for city costs incurred in any future
special election which must later be called to fill their prematurely vacated seat.
As used in this subsection the term "future special election" means a special
election that does not occur at the same time or prior to their election to the office
of mayor.
E. Severability. If one or more of the provisions of this section should be held
invalid the remaining provision or provisions shall remain in full force and effect.
Page 2 of 3
2.06.040 — Appointment of Boards and Commissions .
INTRODUCED at a regular meeting of the City Council of the City of Morro Bay, held
sn the 27th day of September 2011 by motion of Councilmember Johnson and seconded by
Councilmember Lea•e.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro
Ft.ay, on the I 1'�'day of October, 2011 by the following vote to wit:
AYES: Borchard, Johnson, Leage, Smukler, Yates
NOES: None
ABSENT: None
ABSTAIN: None
6 W"Ww�
APPROVED AS TO FORM:
R"OERTSCHULT ity Attorney
C
Page 3 of 3
ORDINANCE NO. 572
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY REPEALING CHAPTER 2.28 OF THE
MORRO BAY MUNICIPAL CODE RELATED TO THE
PLANNING COMMISSION AND IMPLEMENTING INSTEAD
THE PLANNING COMMISSION BY -LAWS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Chapter 2.28 of the Morro Bay Municipal Code sets forth the
establishment, duties and responsibilities of the Planning Commission; and
WHEREAS, on August 23, 2011 the City Council of the City of Morro Bay adopted
Resolution 62 -11 thereby amending and updating the Advisory Boards Handbook and creating
By -Laws for the Planning Commission; and
WHEREAS, the adoption of Resolution 62 -11 and creation of By -Laws for the Planning
Commission has resulted in Chapter 2.28 being unnecessary, superfluous, obsolete and
redundant; and
WHEREAS, it is in the best interest of the City to consolidate and streamline provisions
in the City's Municipal Code that are unnecessary, superfluous, obsolete and redundant; and
WHEREAS, the repeal of Morro Bay Municipal Code Chapter 2.28 will repeal all
language related to the Planning Commission that is unnecessary, superfluous, obsolete and
redundant; and
WHEREAS, a public hearing was scheduled for September 13, 2011, for consideration
of this Ordinance and appropriate public notices were given.
NOW, THEREFORE, the City Council of the City of Morro Bay does ordain as
follows:
Chapter 2.28 of the Morro Bay Municipal Code is hereby repealed.
This Ordinance shall take effect and be in force thirty (30) days from the date of its
passage, and before the expiration of fifteen (15) days after its passage, it, or a summary of it,
shall be published once, with the names of the City Council members voting for and against the
same, in a newspaper of general circulation published in the City of Morro Bay.
INTRODUCED at a regular meeting of the City Council of the City of Morro Bay held
*n the 13th day of September 2011, by motion of Mayor Yates and seconded by Councilmember
Johnson.
PASSED AND ADOPTED • the City Council • the City of Morro Bay • the 27th day
• September, 2011 • the following vote:
AYES:
Borchard, Johnson, Leage, Smukler, Yates
NOES:
None
ABSENT:
None
BM[DGE-6KE"SS1jNG,
(_1
APPROVED AS TO FORM:
ROBERT SCHUL' �Z, Attorney
PAGE 2 of 2
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The City Council of the City ofMoffo Bay does ordain Title 3 Revenue andFinance, Chapter 3.30
Unclaimed Money and Property, Section 3.3 0.080 Proceeds to be deposited in general fund of the
Municipal Code be amended as follows:
I WHEREAS, Title 3 • the Morro Bay Municipal Code sets forth policies and procedures for
unclaimed money and property; and
WHEREAS, the City desires to clarify the process described in Section 3.30.080 Proceeds to ber
deposited in generalfund to exempt Enterprise Funds' auction proceeds; and
WHEREAS, the City of Morro Bay needs to amend Section 3.30.080 in order to make this
change,-and
WHEREAS, following the Public Hearing, and upon consideration of the testimony of all persons,
the City Council of the City of Morro Bay does ordain Section 3.30.080 be amended as follows:
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activities shall remain with the applicable Enterprise Fund.
INTRODUCED at the regular meeting of the City Council held on the 13t" day of September
2011, • motion • Councilmember Borchard and seconded by Councilmember Smukler.
September, 2011 by the following vote:
AYES: Borchard, Johnson, Leage, Smukler, Yates
NOES: None
ABSENT: None
BRIDGE# r6ES)LING, C6 Clerk
WILLIAMYATES, yj
ORDINANCE NO. 570
ORDINANCE OF THE CITY COUNCIL OF THE CITY MORRO BAY TO AMEND THE
CITY OF MORRO BAY'S MUNICIPAL CODE TITLE 13 PUBLIC UTILITIES,
CHAPTER 13.04 WATER SERVICE AND RATES, SECTION 13.04.070 APPLICATION
FOR REGULAR SERVICE — TO REQUIRE IDENTIFICATION
THE CITY COUNCH.
City of Morro Bay, California
The City Council of the City ofMorro Bay does ordain Title 13 Public Utilities, Chapter 13.04
Water Service and Rates, Section 13.04.070 Application for regular service of the Municipal Code be
amended as follows:
WHEREAS, Title 13 of the Morro Bay Municipal Code sets forth policies and procedures for
public utilities; and
WHEREAS, the City desires to clarify the process described in Section 13.04.070 Application
for regular service to specify the required presentation of defined, valid photo identification, and
update the accepted methods for applying for water utility service; and
WHEREAS, the City of Morro Bay needs to amend Section 13.04.070 in order to make this
change; and
WHEREAS, following the Public Hearing, and upon consideration of the testimony of all
persons, the City Council of the City of Morro Bay does ordain Section 13.04.070 be amended as
follows:
13.04.070. Application for regular service. Each applicant for water service shall be required to
sign an application form provided by the water department, showing the date of application,
location of premises to be served, mailing address, date applicant desires service, and such other
information as may be required. A valid state - issued driver's license, state - issued identification
card, military identification card or passport must be presented by the applicant before service
will be activated If the applicant does not possess any of the above forms of identification,
alternative valid photo identification (e.g., current school id) may be accepted.
Applications, transmitted via methods other than personal appearance when applying for
water service (e.g., facsimile, e- mail), will be honored to furnish service as requested, and must
be accompanied by a copy of the applicant's state - issued driver's license, state - issued
identification card, military identification card or passport. If the applicant does notpossess any
of the above forms of identification, alternative validphoto identification (e.g., current school id)
may be accepted.
For first time utility customers, an application fee shall accompany each application, or the
applicant may request that the application fee be included in the first water utility bill.
Ordinance No. 57*
F,"'age
INTRODUCED at the regular meeting of the City Council held on the 13 day • September
2011, by motion • Councilmember Smukler and seconded by Councilmember Borchard.
PASSED AND ADOPTED by the City Council of the City of Morro Bay, on the 27th day of
September, 2011 by the following vote:
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The City of Council of the City of Morro Bay does ordain as follows:
SECTION 1. That an amendment to the contract between the City Council of the City of Morro
Bay and the Board of Administration, California Public Employees' Retirement System is hereby
authorized, a copy of said amendment being attached hereto, marked "Exhibit", and such reference made
a part hereof as though herein set out in full.
SECTION 2. The Mayor of the City Council is hereby authorized, empowered, and directed to
execute said amendment for and on behalf of said Agency.
SECTION 3. This Ordinance shall take effect and be in force thirty (30) days from the date of its
passage, and before the expiration of fifteen (15) days after its passage, it, or a summary of it, shall be
published once, with the names of the City Council members voting for and against the same, in a
newspaper of general circulation published in the City of Morro Bay.
INTRODUCED at the regular meeting of the City Council held on the 12th day of July 2011, by
motion of Councilmember Borchard and seconded by Councilmember Smukler.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Morro Bay, on the
9th day of August, 2011 by the following vote to wit:
AYES: Borchard, Johnson, Leage, Smukler, Yat�"
NOES: None I
BRIDGE ]q KkS SLI ` G, City erk
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cu.
ORDINANCE NO. 568
AN INTERIM URGENCY ORDINANCE
OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, CALIFORNIA
ESTABLISHING INTERIM RULES REGULATING
THE APPROVAL PROCESS AND CONSTRUCTION
OF PROJECTING SIGNS PENDING COMPLETION OF STUDIES
AND THE PREPARATION OF AN UPDATE TO THE
CITY'S ZONING CODE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the. City of Morro Bay ( "City ") has adopted a Local Coastal Plan, Land Use
Element and the Housing Element of the General Plan; and
WHEREAS, one of the primary goals in the City's Local Coastal Plan is to maintain "an
aesthetically pleasing community that maintains the `small town fishing village' image with new
development that compliments existing development and does not detract from the natural
environment; and
WHEREAS, the City's Sign Regulations are intended to protect and enhance the character
of the community and its various neighborhoods and districts against visual blight: and
WHEREAS, on April 26, 2011, the City Council determined that a proliferation of A-
frame signs in the City of Morro Bay have seriously detracted from the pleasure of observing the
natural scenic beauty of Morro Bay and the human environment, and directed City Staff to
enforce the sign regulations prohibiting A -frame signs, and temporary flags and banners; and
WHEREAS, the City Council finds and determines that the enforcement of the sign
regulations prohibiting A -frame signs and temporary signs and banners may result in a hardship
to businesses. In order to help businesses in tough times and allow businesses some relief during
these hard economic times, the City Council finds and determines that it is necessary to
implement interim regulations for projecting signs; and
WHEREAS, the City Council finds and determines that it is necessary to regulate the
size, type and location of projecting signs to encourage the effective use of projecting signs as a
means of communication and to provide equality and equity among sign owners and those who
wish to use projecting signs; and
WHEREAS, in an effort to develop comprehensive, consistent and appropriate revisions
to the City's zoning ordinance relating to signs, the City Council has already directed Staff to
proceed with a comprehensive study (1) of the City's current zoning ordinance, and (2) as
necessary, to prepare new standards and review process for signs; and
WHEREAS, pursuant to section 65858 of the California Government Code, the City
Council may, in order to protect the public safety, health and welfare, adopt as an urgency
measure an interim ordinance for contemplated modified development standards that the City
Staff is studying. Therefore, it is necessary to establish on an interim basis the following:
NOW THEREFORE, the City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. The purpose of this ordinance is to allow for the issuance of sign permits for
projecting signs. A projecting sign is a double -sided sign that projects perpendicular to the
building facade and hangs from a mounted wall brace or from the ceiling of a balcony, arcade, or
colonnade. They may also hang from a pole located in the front of the business. Projecting signs
are primarily oriented towards pedestrians. The following standards shall apply to projecting
signs:
1. The maximum area of a single projecting sign shall not exceed 4 square feet.
Projecting sign(s) with more than four square feet shall require approval by the
Public Services Director.
2. Projecting signs must maintain a minimum clearance of 8 feet above the public
right -of -way or private sidewalk area.
3. Only one projecting sign is allowed per tenant space pursuant to the property
owner's consent. Projecting sign(s) exceeding more than one per tenant shall
require approval by the Public Services Director.
4. Multiple projecting signs shall not be installed within 10 feet of each other and
shall be separated from projecting signs on adjacent properties by 10 feet to insure
proper visibility. Double stacked Projecting Signs shall require the approval of the
Public Services Director.
5. The minimum horizontal clearance between a sign and the curb line shall be 2 feet.
6. Projecting sign(s) shall not extend above the roofline or parapet of the building or
structure to which it is attached.
7. Projecting sign(s) shall be located as close as practical to the storefront entrance.
8. Projecting sign(s) shall not be mounted in such a manner as to obstruct vehicular
traffic in any passageway, alleyway or designated loading/unloading area.
9. All Projecting sign(s) signs shall be maintained in good condition.
10. Projecting sign(s) shall be designed as to be compatible with the business or the
architectural facade where they are placed. The design, including materials and
color, should contribute to the legibility of the sign.
Page 2 of 4
11. The bracket of the Projecting sign shall be made of a durable material and
attached directly to the building wall to meet building code requirements.
Decorative frames and brackets are encouraged.
12. Prior to the placement of a Projecting sign(s), a Sign Permit shall be issued by the
Public Services Department.
SECTION 2. Notwithstanding any provision of the Morro Bay Municipal Code to the contrary,
limits on the amount of signage each building and /or business can permanently affix to a building
shall not apply to projection signs.
SECTION 3. Notwithstanding any provision of the Morro Bay Municipal Code to the contrary,
no projecting sign shall be installed or constructed until a sign permit is obtained and issued by
the City of Morro Bay.
SECTION 4. This Interim Urgency Ordinance is enacted pursuant to the authority conferred
upon the City Council of the City of Morro Bay by Government Code Sections 65858, 36934 and
36937, and shall be in full force and effect immediately upon its adoption by a four -fifths (4/5)
vote of the City Council as if and to the same extent that such Ordinance had been adopted
pursuant to each of the individual sections set forth herein.
SECTION 5. In adopting this Interim Urgency Ordinance, the City Council finds and determines
that each of the recitals contained in this Ordinance are true and correct, and that the adoption of
this Interim Urgency Ordinance is necessary to protect the public safety, health and welfare, as
those terms are defined in Government Code Section 65858(a).
SECTION 6. This ordinance shall be of no further force and effect forty-five (45) days from the
date of its adoption, unless prior to that date, after a public hearing, the City Council by 4/5
majority vote extends this interim ordinance.
SECTION 7. Any provision of the Morro Bay Municipal Code or appendices thereto inconsistent
with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is
hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance.
SECTION 8. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have passed this Ordinance and each and every section,
subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to
whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Page 3 of 4
INTRODUCED at the regular meeting of the City Council held on the 24th day of Mai
2011 by motion of Mayor Yates and seconded by Councilmember Borchard.
PASSED, APPROVED AND ADOPTED by the City Council • the City of Morro Bay
on the 24th day of May, 2011 by the following vote to wit:
AYES: Borchard, Johnson, Leage, Smukler, Yat12
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hMDGEf�kESSLI�G, City ClIk
ROBERT SCHULTZ, qr! ttorney
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ORDINANCE NO. 567
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY;
REPEALING, AMENDING, AND REENACTING
CHAPTER 14.48 OF THE MORRO BAY MUNICIPAL CODE
(STORM WATER CONTROL)
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City is obligated under the federal Clean Water Act and the State
Porter - Cologne Act to protect and enhance the water quality of watercourses and water bodies; and
WHEREAS, the City is part of a group of agencies identified by the Clean Water Act required to
implement a Storm Water Management Plan; and
WHEREAS, the City has prepared a Storm Water Management Plan for approval which includes
a commitment to prepare a storm water ordinance to regulate stormwater discharge, animal waste,
construction related erosion and sediment control, and post construction devices; and
WHEREAS, the Regional Water Quality Control Board has required implementation of Low
Impact Development principals and features as part of the Joint Effort Program; and
WHEREAS, the Storm Water Quality Ordinance is statutorily exempt from CEQA under
Discharge Requirements, Section 15263 of the CEQA Regulations; and
NOW, THEREFORE, the City Council of the City of Morro Bay does ordain as follows:
SECTION 1: Chapter 14.48 of the City's Municipal Code entitled Stormwater Management is hereby
repealed in its entirety.
SECTION 2: A new Chapter 14.48, entitled Illicit Discharge and Stormwater Management Control
hereby added to the Morro Bay Municipal Code to read as follows:
1
Chapter 14.48
BUILDING DISCHARGE h STORMWATER MANAGEMENT
CONTROL
Sections:
14.48.010 Purpose and intent
14.48.020 Definitions
14.48.030 Applicability
14.48.040 Responsibility for administration
14.48.050 Regulatory Consistency
14.48.060 Severability
14.48.070 Ultimate responsibility of discharger
14.48.080 Prohibition of illegal discharges
14.48.090 Exceptions to discharge
14.48.100 Prohibition of illicit connections
14.48.110 Notification
14.48.120 Requirement to eliminate illegal discharges and remediate
14.48.130 Animals
14.48.140 Requirement to prevent, control and reduce stormwater and pollutants
14.48.150 Maintenance
14.48.160 Requirement to monitor and analyze
14.48.170 Remediating discharges
14.48.180 Notice of violation
14.48.190 Appeal
14.48.200 Urgency abatement
14.48.210 Charging cost of abatement/liens
14.48.220 Acts potentially resulting in a violation of the Clean Water Act and /or the Porter -
Cologne Act
14.48.010 Purpose and intent
The purpose of this ordinance is to ensure the health, safety and general welfare of citizens, and
to protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and
consistent with the Federal Clean Water Act (33 U.S.C. § 1251 et seq.) by reducing pollutants in
stormwater discharges to the maximum extent practicable and by prohibiting non - stormwater discharges
to the stormwater conveyance system.
14.48.020 Definitions
The terms used in this chapter shall have the following meanings:
A. Animal Waste - Includes domestic animal fecal material from any property, residence,
yard, kennel, pen, park, animal show, or any activity involving an animal, including keeping, riding,
exercising, showing, recreating, walking, or transporting. Does not include waste from non - domestic
"wild" animals.
B. Authorized representative - that person designated in writing to the director by the
property owner to act on behalf of the property owner.
C. Automotive Repair Shop - Automotive Repair Shop means a facility that is categorized
in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532 -7534,
or 7536 -7539.
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D. Best Management Practices (BMPs) - Activities, practices, and procedures to prevent
or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters
of the United States. Best Management Practices include but are not limited to: treatment facilities to
remove pollutants from stormwater; operating and maintenance procedures; facility management
practices to control runoff, spillage or leaks of non - stormwater, waste disposal, and drainage from
materials storage; erosion and sediment control practices; and the prohibition of specific activities,
practices and procedures and other such provisions as the City determines appropriate for the control of
pollutants.
E. City - the City of Morro Bay in the County of San Luis Obispo, State of California.
F. Clean Water Act (Act) - The Federal Water Pollution Control Act (33 U.S.C. § 1251 et
seq.), and any subsequent amendments thereto.
G. Commercial activity — any public or private activity not defined as an industrial activity
in 40 CFR 122.25 (b) (14) involving in the storage, transportation, distribution, exchange or sale of goods
providing professional or non - professional services.
H. Construction activity - any of the following activities: including but not limited to
clearing and grubbing, grading, excavating, demolition and construction.
I. Director - The Public Services Director and his or her designees.
J. Discharge —any release, spill, leak, pump, flow, escape, dumping, or disposal of any
liquid semi -solid or solid substance.
K. Illegal discharge - any direct or indirect non - stormwater discharge to the storm drain
system, except as exempted by this chapter.
L. Illicit connection - any of the following:
1. Any conveyance system, whether on the surface or subsurface, which allows an illegal
discharge to enter the storm drain system.
2. Any connections to the storm drain system from indoor drains and sinks not currently
exempted or permitted, regardless of whether the drain or connection has been previously allowed,
permitted, or approved by a government agency.
3. Any drain or conveyance connected from any land use to the storm drain system which
has not been documented and approved by the City.
4. Any unpermitted connection of a stormwater system to the publicly owned treatment
works as defined in this chapter.
M. Industrial activity- any activity subject to a NPDES industrial permit as defined in 40
CFR Section 122.26(b)(14).
N. Maximum Extent Practicable (MEP) — a standard for implementation of stormwater
management programs to reduce pollutants in stormwater; while taking into account equitable
consideration and competing facts, including but not limited to; the seriousness of the problem, public
health risk, environmental benefits, pollutant removal effectiveness, regulatory compliance, ability to
implement, cost and technical feasibility. MEP allows for maximum flexibility on the part of MS4
operators as they develop and implement their programs to reduce the discharge of pollutants to the
maximum extent practicable, including management practices, control techniques and system, design and
engineering methods, and such other provisions as the Administrator or the State determines appropriate
for the control of pollutants.
O. Municipal Storm Sewer System (MS4) - a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man -made
channels, or storm drains):
1. designed or used for collecting or conveying stormwater;
2. which is not a combined sewer; and
3. which is not part of a Publicly Owned Treatment Works (POTW). [See Title 40, Code of
Federal Regulations (40 CFR) § 122.26(b)(8).]
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P. National Pollutant Discharge Elimination System ( NPDES) Permit - NPDES Permit
shall mean a permit issued by either the Regional Water Quality Control Board or the State Water
Resources Control Board pursuant to Chapter 5.5 (commencing with § 13370) of Division 7 of the Water
Code to control discharges from point sources to waters of the United States.
Q. Development - Development means land disturbing activities; structural development,
including construction or installation of a building or structure, creation of impervious surfaces; and land
subdivision. Development includes redevelopment which means, on an already developed site, the
creation, addition or replacement of impervious area. Redevelopment includes, but is not limited to: the
expansion of a building footprint or addition of a structure; structural development including an increase
in gross floor area and/ or exterior construction or remodeling; land disturbing activities related with
structural or impervious surfaces.
R. Non - stormwater discharge - any discharge to the storm drain system that is not
composed entirely of stormwater.
S. Pollutant - anything which causes or contributes to pollution including, but not limited
to, paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and
accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and
fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and
particulate metals; animal wastes, wastes and residues that result from constructing a building or
structure, including but not limited to soil, sediment, slurry, and concrete residuals; and noxious or
offensive matter of any kind.
T. Pollution — discharge of a pollutant.
U. Porter- Cologne Act - means the Porter - Cologne Water Quality Control Act and as
amended (California Water Code § 13000 et seq.). The Porter Cologne Act is commonly referred to as the
California Water Code.
V. Premises - means any building, lot, parcel of land, or portion of land whether improved
or unimproved including adjacent sidewalks and parking strips.
W. Prohibited Discharge - Any non - stormwater discharge to the City storm drain system or
directly to natural creeks and small streams, which is not otherwise specifically authorized by this
Chapter, the Regional Board, State or federal Law, or an NPDES permit.
X. Publicly Owned Treatment Works (POTW) - as defined at 40 CFR Section 122.2.
Y. Receiving Waters - Surface bodies of water, as defined by the Municipal Stormwater
Permit, including, but not limited to, creeks rivers, and bay which serve as discharge points for the City
storm drain system.
Z. Storm drain system - means any public or private facilities by which stormwater is
collected and /or conveyed, including but not limited to roads, sidewalks, gutters, curbs, inlets, piped
storm drains, pumping facilities, retention and detention basins, natural and human -made or altered
drainage channels and swales, reservoirs, lakes, creeks, waters of the United States and other drainage
structures which are within the City and are not part of a publicly owned treatment works as defined at 40
CFR Section 122.2.
1. Public facilities are those owned, maintained and operated by the City and other public
agencies including the enclosed system of pipelines, catch basins, manholes and junction structures.
2. Private facilities are those on private property or under the control of persons other than
the City or other public agencies.
AA. Stormwater- Surface flow, runoff and drainage consisting entirely of water from any
form of natural precipitation.
BB. Structural BMP - any structural facility designed and constructed to mitigate the adverse
impacts of stormwater and urban runoff pollution (e.g. canopy, structural enclosure). The category may
include both Treatment Control BMPs and Source Control BMPs.
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CC. Stormwater pollution prevention plan or SWPPP - a plan required by the State Water
Board Construction General permit for stormwater discharges associated with construction activities.
DD. Treatment Control BMP - any engineered system designed to remove pollutants by
simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any
other physical, biological, or chemical process.
EE. Waters of the United States - Surface watercourses and water bodies as defined in 40
CFR 122.2, including all natural waterways and definite channels and depressions in the earth that may
carry water, even though such waterways may only carry water during rains and storms and may not carry
stormwater at and during all times and seasons.
14.48.030 Applicability
This chapter shall apply to all discharges entering the storm drain system (MS4) within the City.
14.48.040 Responsibility for administration
The Director shall administer, implement, and enforce the provisions of this chapter.
14.48.050 Regulatory Consistency
This Chapter shall be construed to assure consistency with the requirements of the Clean Water
Act and Porter - Cologne Act and acts amended thereto or supplementary thereto, or any applicable
implementing regulations.
14.48.060 Severability
The provisions of this chapter are hereby declared to be severable. If any provision, clause,
sentence, or paragraph of this chapter or the application thereof to any person, establishment, or
circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of
this chapter.
14.48.070 Ultimate responsibility of discharger
The standards set forth herein and promulgated pursuant to this chapter are minimum standards;
therefore this chapter does not intend nor imply that a person's compliance will ensure that there will be
no contamination, pollution, nor unauthorized discharge of pollutants into waters of the United States.
This chapter shall not create liability on the part of the City, or any of its employees or agents, for any
damages that result from any person's reliance on this chapter or any administrative decision lawfully
made thereunder.
14.48.080 Prohibition of illegal discharges
No person shall discharge or cause to be discharged into the storm drain system any materials,
including but not limited to pollutants or waters containing any pollutants that cause or contribute to a
violation of applicable water quality standards, other than stormwater, to the maximum extent practicable.
An illegal discharge is assumed to have occurred if a pollutant is placed, blown, washed, tracked
or in any way allowed to accumulate in any part of the MS4 so that it can be conveyed by stormwater.
14.48.090 Exceptions to discharge
No person shall commence, conduct, or continue any illegal discharge to the storm drain system
except as follows. Discharges from the following will not be considered a source of pollutants to the
storm drain system and to waters of the United States when properly managed to ensure that no potential
pollutants are present, and therefore they shall not be considered illegal discharges unless determined to
cause a violation of the provisions of the Porter - Cologne Act, Clean Water Act, or this chapter:
A. The following non -storm water discharges or flows: water line flushing; landscape
irrigation; diverted stream flows; rising ground waters; uncontaminated ground water infiltration (as
defined at 40 CFR §35.2005(20) to separate storm sewers; uncontaminated pumped ground water;
discharges from potable water sources; foundation drains; air conditioning condensation; irrigation water;
springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing;
flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; and discharges or
flows from fire fighting activities.
B. Any non - stormwater discharge permitted or approved under a National Pollutant
Discharge Elimination System permit, waiver, or waste discharge order issued to the discharger and
administration by the State of California under the authority of the Environmental Protection Agency,
provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and
other applicable laws and regulations and provided that written approval has been granted by the City for
any discharge to the storm drain system.
C. With written concurrence of the Central Coast Regional Water Quality Control Board,
the City may exempt in writing other non - stormwater dischargers which are not a source of pollutants to
the storm drain system or Water of the U.S.
D. Agricultural discharges regulated by the State Water Resources Control Board and/or
Regional Board pursuant to waiver and/or formal policy, provided compliance with all relevant permit,
waiver or policy conditions established by the State Water Resources Control Board and/or Regional
Board.
14.48.100 Prohibition of illicit connections
The construction, use, maintenance or continued existence of illicit connections to the storm drain
system or to a POTW is prohibited. This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection was permissible under law or practices
applicable or prevailing at the time of connection.
14.48.110 Notification
A. Notification of any confirmed or unconfirmed release of materials, pollutants or waste
which may result in pollutants or non - stormwater discharges entering the City storm drain system shall be
made immediately by any person in charge of a facility or responsible for emergency response for a
facility as follows:
1. The release of a hazardous material or hazardous waste shall be reported to emergency
services immediately by emergency dispatch services (911). A written notification of the release shall
also be made to the Director within five business days of the release. A copy of the written notice shall be
retained for at least three (3) years.
2. The inadvertent release, and clean-up, of a non - hazardous waste shall be reported to the
Director by phone no later than 5:00 P.M. of the same business day. If the release occurs on a weekend or
Holiday, notification shall be made on the next business day. A written notification of the release shall
also be made to the Director within five business days of the release. A copy of the written notice shall be
retained for at least three (3) years.
B. Release of any hazardous substances, sewage, oil, or petroleum to any waters of the state,
or discharged or deposited where it is, or probably will be, discharged in or on any waters of the state,
shall be reported to the State Office of Emergency Services, as required by Sections 13271 and 13272 of
California Water Code.
C. Commercial/Industrial Properties. If the reported discharge emanates from a commercial
or industrial property, the owner or operator of the property shall also retain an on -site written record of
the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least
three years from the date of the occurrence and be available for inspection by the director.
14.48.120 Requirement to eliminate illegal discharges and remediate
Whenever the director determines that a discharge of pollutants is occurring, or has occurred, and
the discharge has caused, or will cause, pollution of stormwater or the storm drain system, or determines
an illegal discharge is occurring or has occurred, the director will require by written notice to the property
owner and/or their authorized representative (A) remediation of the pollution and restoration of the
affected property within a specified time /date, and (B) discontinuance of the discharge and, if necessary,
implementation of measures to eliminate the source of the discharge to prevent the occurrence of future
illegal discharges.
14.48.130 Animals
A. Property Maintenance. Where it is determined by the City or by the Central Coast
Regional Water Quality Control Board that an area used by animals is affecting water quality, the City
will require the property owner or authorized representative to implement measures, which may include
installation of preclusionary devices, to eliminate the pollution and prevent the migration of waste
components to the storm drain system. Installation of devices or measures may require permits from the
City or other regulatory agency. Installation, maintenance and permitting are the responsibility of the
property owner.
B. Feeding Near Water Bodies. No person shall feed feral or wild animals or deposit or
leave any foodstuff of any kind or nature, except in a trash receptacle provided for that purpose, within
one hundred feet of a water body including but not limited to, creek dry or otherwise, ocean and bay.
C. Any owner or keeper who requires the use of a disability assistance animal shall be
exempt from the provisions of this section while such animal is being used for that purpose.
14.48.140 Requirement to prevent, control and reduce stormwater and pollutants
A. All improved areas of new and redevelopment development resulting in the creation,
addition, or replacement of two thousand five hundred (2,500) square feet of impervious surface shall be
governed by the Stormwater Control section of the Engineering Standards.
B. Any person subject to an industrial or construction activity NPDES stormwater discharge
permit shall comply with all provisions of such permit. Proof of compliance, in a form acceptable to the
director, shall be provided:
I . Prior to or as a condition of a subdivision map, site plan, building permit, or development
or improvement plan;
2. Upon inspection of the facility;
3. During any enforcement proceeding or action; or
4. For any other reasonable cause.
14.48.150 Maintenance
General. Property owners are responsible to maintain their premises in such a way as to comply
with this chapter and prevent migration of pollutants into the storm drain system.
A. Construction Stormwater Devices. BMPs installed during construction or as measures for
post - construction stormwater shall be maintained as required to ensure proper operation. Failure to
maintain construction BMPs will result in a stop work order being issued until the site is in conformance
with the requirements of this chapter.
B. Post - construction Stormwater Devices. Property owners of development or
redevelopment projects which require installation of post - construction stormwater devices shall submit a
maintenance plan or manufacturer's maintenance guide for those devices as part of the project submittal.
The plan or guide provided shall be considered the minimum maintenance required, with additional
maintenance performed as needed to comply with this chapter. All property owners with post -
construction stormwater devices on their property shall submit to the director annual
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inspection/maintenance reports to confirm continued compliance with this chapter. Reports shall be
signed and certified by the property owner or the authorized representative.
14.48.160 Requirement to monitor and analyze
The director may require any person engaged in any activity, and/or owning or operating any
facility, which may cause or contribute to stormwater pollution, illegal discharges, and/or non - stormwater
discharges to the storm drain system, to undertake, at the person's expense, a monitoring, analysis, and
reporting program, as approved by the director, to determine compliance with this chapter.
14.48.170 Remediating discharges
Notwithstanding other requirements of law, as soon as any property owner, authorized person, or
any other person responsible for property, a facility or an operation, or the person responsible for
emergency response for a facility or operation, has information of any known or suspected release of
pollutants which may result or have resulted in illegal discharges or pollutants discharging into
stormwater or the storm drain system from the property, facility or operation, the person shall take all
necessary steps to ensure the containment, and remediation of such release.
14.48.180 Notice of violation
A. Violation Conditions. Whenever the director finds that a person has violated this chapter,
the director may issue to the person a notice of violation and order compliance. Such notice may require
without limitation:
1. Monitoring, providing analyses, and reporting;
2. Eliminating illicit connections or discharges;
3. Cease and desist of discharges, practices, or operations;
4. Abating or remediating stormwater pollution or contamination hazards, and restoring the
affected property;
5. Implementing source control or treatment BMPs; and
6. Paying a fine and administrative and remediation costs.
B. Abatement. If abatement of a condition and/or restoration of affected property is required,
the notice shall set forth a deadline within which such abatement or restoration must be completed. The
notice shall further provide that if there is not compliance with the notice within the established deadline,
the City may abate the condition and/or restore the property, and the expenses thereof shall be charged to
the property owner and/or the person responsible for the violation.
14.48.190 Appeal
Except as provided in Section 14.48.200, Urgency abatement, any person receiving a notice of
violation may appeal following the procedures in Chapter 1.03.
14.48.200 Urgency abatement
A. Immediate Abatement. The director may require immediate abatement of any violation of
this chapter that constitutes an immediate and significant threat to the health, safety or well -being of the
public.
B. Failure to Abate. If a violation as described in subsection A of this section is not
immediately abated, the City is authorized to enter the premises and take any and all measures required to
abate the violation. Any expenses incurred by the City related to such abatement shall be charged to the
property owner. These expenses shall be based on the City's fully loaded rates for labor and equipment.
Any relief obtained under this section shall not prevent the City from seeking other and further relief
authorized under this chapter.
C. Construction Sites. The director may give verbal notice and shall issue a stop work order
to persons owning or controlling construction sites with inadequate erosion and sediment controls and
such controls must be put in place immediately, and the City shall not allow any other site work until the
controls are in place.
14.48.220 Acts potentially resulting in a violation of the Clean Water Act and/or the Porter-
Cologne Act
Any person who violates any provision of this chapter or any provision of any requirement issued
pursuant to this chapter may also be in violation of the Clean Water Act and/or the Porter-Cologne Act
and may be subject to the provisions of those acts including civil and criminal penalties. Any enforcement
action authorized under this chapter shall also include written notice to the violator of such potential
liability.
INTRODUCED at a regular meeting the of the City Council of Morro Bay, held on the 10th day
of May, 2011 by motion of Councilmember Johnson, seconded by Councilmember Smukler.
PASSED AND ADOPTED on the 24h day of May, 2011, by the following vote:
AYES: Borchard, Johnson, Leage, Smukler
NOES: Yates
0
Ll , ='IrITMI ;�rl I
M
H
SECTION 1. That an amendment to the contract between the City Council ofthe City of Morro Bay
and the Board of Administration, California Public Employees' Retirement System is hereby
authorized, a copy of said amendment being attached hereto, marked "Exhibit", and such reference
made a part hereof as though herein set out in full.
SECTION 2. The Mayor of the City Council is hereby authorized, empowered, and directed to
execute said amendment for and on behalf of said Agency.
SECTION 3. This Ordinance shall take effect and be in force thirty (30) days from the date of its
passage, and before the expiration of fifteen (15) days after its passage, it, or a summary of it, shall be
published once, with the names of the City Council members voting for and against the same, in a
newspaper of general circulation published in the City of Morro Bay.
INTRODUCED at the regular meeting of the City Council held on the 25hday of January
2011, b-
,� motion of Councilmember Nancy Johnson and seconded by Councilmember Carla Borchard.
PASSED, APPROVED, AND ADOPTED, by the City Council ofthe City ofMorro Bay, on
the 8th day of February, 2011 by the following vote to wit:
No.
[a V,
== �
2.08.0 .0 - Time and date. Regular meetings of the city council shall be
established by City Council Resolution as set forth in the Council Policies
and Procedures Manual.
INTRODUCED at a regular meeting of the City Council of Morro Bay, held on the 11"'
day of January, 2011 by motion of Councilmember Borchard, seconded by Councilmember
Smukler.
Borchard, Johnson, Leage, Smukler, Yates
None
Wo no-
U
APPROVED AS TO FORM:
ROBERT SCHULTZ(C' Attorney