The URL can be used to link to this page

Home My WebLink AboutJanuary to DecemberMINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - DECEMBER 15, 1993 CITY HALL CONFERENCE ROOM - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 P.M. City Council were all present. There was no public comment received from any members of the public. The City Council proceeded to interview the following individuals for advisory board appointments: PLANNING COMMISSION Ric Deschler Janice Peters Howard Smith 41 Sid Steinfeld RECREATION & PARKS COMMISSION John Geever Gregory Wilson Karen Bergher James Hartzell Barbara Kolaczyk Richard Schloss Gene Doughty Valerie Seymour Larry Shears L] Wallace McCray WATER ADVISORY BO.,S 1 Ed McCracken MBMC AD HOC COMMITTEE Ric Deschler David Elliott Mark Mathieu William Olsen Allen Peterson Roxanne Kelly I* • Ll The City Council made the following appointments: PLANNING COMMISSION Janice Peters Howard Smith RECREATION AND PARKS COMMISSION Karen Bergher (1995 appointment) John Geever (1997 appointment) Gregory Wilson (1997 appointment) STREET AND TREE COMMITTEE Wallace McCray Roxanne Kelly Barbara Kolaczyk Gene Doughty ADVISORYValerie Seymour WATER BOARD • w t Ric Deschler David Elliott Mark Mathieu Allen Peterson Sid Steinfeld The City Council instructed staff to invite Mr. John Samaha to the City Council meeting of January 10, 1994 at 5:15 p.m. for an interview to be considered for appointment to the Street and Tree Committee. MOTION: Councilmember Luna moved to adjourn the meeting. The motion was seconded by Councilmember Mullen. The motion passed 4-0 (Councilmember Unger was absent). The meeting adjourned at 9:57 p.m. City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION - DECEMBER 13, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE 654956 9(A)PENDING LITIGATION ♦ ELSTER V. LUNA, SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV 70853 E-2 GOVERNMENT CODE 654956 9(B) SIGNIFICANT EXPOSURE TO LITIGATION ♦ SIGNIFICANT EXPOSURE TO LITIGATION EXISTS AS TO POTENTIAL DIFFICULTIES RESULTING FROM INTERPRETATION OF THE WWTP JPA AS TO VOTING ISSUES AND THE FORM OF THE ENTITY E-3 GOVERNMENT CODE 654956 9(C)INITIATION OF LITIGATION ♦ COUNCIL PREVIOUSLY DECIDED TO INITIATE LITIGATION, AND NEEDS TO DECIDE WHETHER TO CONTINUE ON A COURSE TO INITIATE LITIGATION, REGARDING THE HAYASHI FARMS COASTAL ACT VIOLATIONS AND AN UPDATE ON THE CURRENT STATUS OF THE MATTER 4 GOVERNMENT CODE 654956 8 REAL PROPERTY TRANSACTIONS ♦ INSTRUCTING CITY'S REAL PROPERTY NEGOTIATOR REGARDING THE PRICE AND TERMS OF PAYMENT FOR THE PURCHASE, SALE, EXCHANGE, OR LEASE OF REAL PROPERTY REGULAR MEETING - DECEMBER 13, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. V CONSENT CALENDAR Onless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF OCTOBER 25, 1993 A-2 BID AWARD FOR LOCAL COMMUNITY PROMOTIONS SERVICES TO MORRO BAY CHAMBER OF COMMERCE A-3 GRANT OF A PORTION OF KENNEDY WAY TO THE CITY A-4 APPROVAL OF BANKING SERVICES A-5 APPROVAL OF PEOPLES' SELF HELP HOUSING CORPORATION AS SOLE SOURCE PROGRAM ACTIVITY FOR 21-UNIT AFFORDABLE HOUSING PROJECT B. UNFINISHED BUSINESS B-1 CONSIDERATION OF AB640 - MORRO BAY ESTUARY STATUS B-2 SET DATE TO INTERVIEW APPLICANTS FOR ADVISORY BOARDS C. NEW BUSINESS �1 DISCUSSION OF ENCOURAGING SUSTAINABLE PRACTICES USING RECYCLED MATERIALS IN CONSTRUCTION C-2 APPOINTMENT OF VICE MAYOR FOR ONE-YEAR TERM (DECEMBER 1993 - DECEMBER 1994) C-3 BUDGET STATUS REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 1993 D. PUBLIC HEARINGS REPORTS & APPEARANCES D-1 APPEAL OF PLANNING COMMISSION ACTION ON CDP 52-93/VAR 05-93 (APPLICANT: WEST - 411 TAHITI STREET) D-2 REVISION TO MORRO BAY MUNICIPAL CODE SECTION 7.14.040 TO ALLOW FOR PIGMY ANIMALS (ORDINANCE NO. 434/FIRST READING AND INTRODUCTION) D-3 COUNCIL CONSIDERATION AND APPROVAL OF DESTINATION 2000 REPORT D-4 ADOPTION OF A WATER MANAGEMENT PLAN; AMENDMENT AND IMPLEMENTATION OF LOCAL COASTAL PLAN (LCP/GPA 02-93) F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND • AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. 2 • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - DECEMBER 13, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:20 p.m. PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Forrest Henderson City Administrator David Hunt City Attorney CLOSED SESSION MOTION: Councilmember Luna moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. • The meeting adjourned to Closed Session at 5:20 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Luna moved the meeting be adjourned. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None u CJ • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1993 PAGE 2 STAFF: Forrest Henderson David Hunt Jon Crawford Bridgett Davis Don Funk Rudy Hernandez Dave Howell Jeff Jones Andrea Lueker City Administrator City Attorney Public Works Director City Clerk Community Development Director Finance Director Police Chief Fire Chief Int. Rec. & Parks Director Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP City Attorney David Hunt presented the "Lighten Up" for this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates announced Council discussed real property negotiations in regards to Marina Square in Closed Session and granted a 30-day extension for the payment of the next installment of parking in - lieu fees. Mayor Yates announced the dredge barge will be in the harbor by the end of the week. Mayor Yates announced he has spoke with Cmdr. James Hall of the Coast Guard and Congressman Huffington's office regarding the replacement of the Coast Guard Cutter. Mayor Yates acknowledged the Scenic Coast Board of Realtors for their donations to the community. Mayor Yates announced his appointment along with Supervisor Bud Laurent to the Monterey Bay National Marine Sanctuary Advisory Committee. Mayor Yates announced the importance of maintaining the three - minute public comment rule. Councilmember Luna announced that Santa is coming to town on December 18th. Councilmember Mullen announced a little theater is organizing in Morro Bay and encouraged public participation. Councilmember Crotzer requested the meeting end by 11:00 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1993 PAGE 3 • PUBLIC COMMENT Cathy Novak addressed the City Council regarding AB640 and requested language be added to provide for the protection of existing uses. Mary Phillips addressed the City Council regarding her written request for the resignation or firing of the Planning Commission. She discussed the history of the voter's initiative on State Water. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Mullen requested an item be agendized to reconsider the collection of Transient Occupancy Tax on RV parks in the City. Councilmember Mullen requested an item be agendized to adopt a resolution in opposition to the United States Navy proposed shock testing operations seaward of the Channel Islands. Councilmember Unger requested an item be agendized to discuss the tree blocking the sign at the Cypress Trailer Park. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, • the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF OCTOBER 25, 1993 Mr. Henderson recommended Council approve the minutes of October 25, 1993. A-2 BID AWARD FOR LOCAL COMMUNITY PROMOTIONS SERVICES TO MORRO BAY CHAMBER OF COMMERCE Mr. Henderson recommended Council accept the bid award for Local Community Promotions Services to Morro Bay Chamber of Commerce. A-3 GRANT OF A PORTION OF KENNEDY WAY TO THE CITY Mr. Henderson recommended Council accept the grant of a portion of Kennedy Way and authorize recordation of the necessary documents. A-4 APPROVAL OF BANKING SERVICES Mr. Henderson recommended Council approve a Bank Services Agreement with Mid -State Bank and authorize the City Administrator to sign a five-year agreement. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1993 PAGE 4 • A-5 APPROVAL OF PEOPLES' SELF HELP HOUSING CORPORATION AS SOLE SOURCE PROGRAM ACTIVITY FOR 21-UNIT AFFORDABLE HOUSING PROJECT Mr. Henderson recommended Council approve the Peoples' Self Help Housing Corporation as sole source program activity for the 21-unit affordable housing project. Councilmember Luna pulled Item A-4 from the Consent Calendar. MOTION: Councilmember Unger moved to approve the Consent Calendar with the exception of Item A-4. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) A-4 APPROVAL OF BANKING SERVICES Councilmember Luna expressed his appreciation to the City's Finance Department for their efforts in this matter. He stated the City's banking services will be with Mid -State Bank which will offer the City interest -bearing checking accounts which will result in the City taking in an additional $6,237 in revenue annually. MOTION: Councilmember Luna moved to approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) • B. UNFINISHED BUSINESS B-1 CONSIDERATION OF AB640 - MORRO BAY ESTUARY STATUS City Administrator Forrest Henderson reviewed the revisions to AB640 as submitted by the Friends of the Estuary. Mr. Henderson recommended Council receive the submitted revisions and provide direction to Mr. Bill Newman, Legislation Chairman for Friends of the Estuary. Mr. Newman stated suggested amendments have been made to AB640 and he requested Council's support for this bill naming Morro Bay a State Estuary. This legislation will initiate a management plan for the bay and its watershed. Mayor Yates asked how Council's comments were incorporated into the bill? Mr. Newman responded the revisions will be made before the State Legislature addresses the bill in January. Mayor Yates requested the amendment addressed by Cathy Novak regarding the protection of existing uses be incorporated into the bill, and that the Environmental Protection Agency be the Chairman of the Board that implements this bill. Mayor Yates stated he supports the Management Conference choosing its Chairman and implementing agency after the plan is adopted. P MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1993 PAGE 5 • Councilmember Unger stated she also supports Cathy Novak's request for additional language addressing the protection of existing uses. Councilmember Luna asked what is meant by "costs incurred by each agency and interest group voluntarily represented on the task force shall be limited to the cost of its own participation at the meeting"? Mr. Newman responded this means the salaries are paid by the individuals' agencies when attending meetings. Councilmember Luna stated this needs clarification in order to read more clearly. Councilmember Mullen stated she prefers flexibility in the implementing agency. Councilmember Crotzer requested clarification on the requested amendment to the language referring to the protection of existing uses. Mayor Yates responded it refers to protecting the existing uses on the bay so that a management conference cannot restrict those uses. Councilmember Luna referred to Section 28006 and asked if contributions would be tax deductible? Mr. Newman stated it would be tax deductible for private individuals. No action was taken on this item. • B-2 SET DATE TO INTERVIEW APPLICANTS FOR ADVISORY BOARDS City Administrator Forrest Henderson recommended Council schedule December 15, 1993 to interview applicants for the various advisory board vacancies. Council agreed to schedule December 15, 1993 for advisory board interviews. C. NEW BUSINESS C-1 DISCUSSION OF ENCOURAGING SUSTAINABLE PRACTICES USING RECYCLED MATERIALS IN CONSTRUCTION Councilmember Mullen reviewed the potential of creating a pamphlet entitled "Think Before You Build" which encourages sustainable practices in building and the use of recycled materials in building construction in Morro Bay. The consensus of Council was in support of this concept. Councilmember Luna recommended staff be involved in the composition of the proposed pamphlet. P MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1993 PAGE 6 • Mayor Yates stated water uses should be included in this pamphlet. Councilmember Mullen concurred that it would include the conservation of all resources. She said she would return to Council either in February or March with an update. No action was taken on this item. C-2 APPOINTMENT OF VICE MAYOR FOR ONE-YEAR TERM (DECEMBER 1993 - DECEMBER 1994) Councilmember Unger moved to re -appoint Councilmember Mullen as Vice -Mayor for the one year term of December 1993 to December 1994. The nomination was unanimously carried. (5-0) Mayor Yates called for a break at 7:00 p.m.; the meeting resumed at 7:15 p.m. C-3 BUDGET STATUS REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 1993 Finance Director Rudy Hernandez reviewed the budget status report for the quarter ending September 30, 1993. He said the purpose of this report is to compare actual revenues and expenditures with the estimated revenues and expenditures adopted by the City Council. • Councilmember Unger requested quarterly reports. Councilmember Mullen asked for clarification on property taxes. Mr. Hernandez responded property taxes are received in December and May of each year. Councilmember Mullen stated a long-term budget workshop is due to be scheduled. No action was taken on this item. D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 APPEAL OF PLANNING COMMISSION ACTION ON CDP 52-93/VAR 05-93 (APPLICANT: WEST - 411 TAHITI STREET) Community Development Director Don Funk reviewed the appeal of Krystal West from the Planning Commission approval of Variance 05- 93/Coastal Development Permit 52-93 for front setback and setback from the creek for property located at 411 Tahiti Street. Mr. Funk stated the Planning Commission did not concur with the reduction of front setback to 0 feet; and the Local Coastal Plan (LCP) does not provide for any reduction in the ESH setback less than 25 feet. He said staff contacted the State Coastal Commission who concurred based on cases in other communities; no further reductions are feasible unless the LCP is amended. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1993 PAGE 7 • Mr. Funk recommended Council approve a reduction of the front building setback to five feet; a reduction of the garage setback to three feet; and a reduction of the ESH buffer to twenty five feet. Councilmember Mullen asked for clarification on the ESH buffer zone, and the drainage on Tahiti Street? Mr. Funk responded the City will have to request an amendment to the LCP through the Coastal Commission to undesignate the ESH buffer zone. Mr. Crawford responded in order to save the ESH buffer zone, the City will install a split system that carries the majority of the drainage within an enclosed conduit and still allows some water to be within the drainage area. Councilmember Unger stated the adjacent condominium is built over the creek where a pipeline was installed for drainage. She asked if another pipeline could be installed on Tahiti Street in order to allow the affected properties to be able to build. Mr. Crawford responded permits would be required through Fish and Game and Army Corps of Engineers. Councilmember Luna asked how much square footage would be gained if the garage was reduced to a one -car garage? Mr. Funk responded it would gain approximately 200 square feet. Mayor Yates opened the hearing for public comment. • Bob Rogers, contractor for the proposed project, stated presently the lot allows for a 24-foot depth structure; he said they need approximately 35 feet to build a house. He said the creek bank has 20 years of erosion which causes an inability to know where the rear setback lies. Mr. Rogers said the creek presently poses a fire and safety hazard, as well as a dangerous play area for children. He said the property owners are paying property taxes on a 60-foot lot and can use 1/3 of the lot to build on. Bill Cordes, neighbor to the proposed project, stated it took him two years to get his permits approved. He stated the creek rarely has water running through it. John Kim, agent for applicant, stated they can work with a 30-foot depth if the rear property line is used instead of the creek bank. He said since the two neighboring properties have the same problem with their properties, they would like the City to set guidelines for all three properties in order to save time and allow for building. Ken Kimball, neighbor to proposed project, stated the proposed storm drain is not required if the creek is enclosed and can serve as a drain. Mary Phillips stated the selectivity of the Council is evident in • this matter. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1993 PAGE 8 Mayor Yates closed the hearing for public comment. Councilmember Mullen asked how long it would take to process this permit? Mr. Funk responded it could take approximately two years to process. Councilmember Unger stated the best alternative would be to grant the setbacks and then address drainage. Mayor Yates asked for clarification on the approval process. Mr. Funk responded an environmental impact report will probably be requested to establish what measures the City will utilize; it will not be a simple process. Mr. Kim asked if the City can use the drainage problem on Tahiti Street as an over-riding issue to wipe out the ESH designation and call it a master drainage system. Mr. Crawford responded that could be an argument used when obtaining permits. He said one problem is the existing pipe that runs through the condominiums is undersized which is one reason why there is a secondary line to by- pass and pick up the additional drainage that occurs. Mr. Crawford said there will be a problem with up -stream flooding from this site and the City will have to over -size this line to accommodate future drainage. • Councilmember Unger asked the applicant if they would be willing to pay a portion of the costs to install a pipeline for drainage? Mr. Kim responded they would consider an option within reason after talking to the adjoining eight property owners. Councilmember Crotzer addressed concerns with the erosion of the habitat and its protection. MOTION: Councilmember Unger moved to continue this public hearing to the City Council meeting of January 24, 1994; directed staff to meet with the applicant and property owners to come up with a solution regarding the creek bank whereby it is no longer designated an environmentally sensitive habitat; and contact the appropriate agencies for possible resolution. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) D-2 REVISION TO MORRO BAY MUNICIPAL CODE SECTION 7.14.040 TO ALLOW FOR PIGMY ANIMALS (ORDINANCE NO. 434/FIRST READING AND INTRODUCTION) Police Chief Dave Howell introduced Ordinance No. 434 for first reading and introduction. Council discussed the issue of requiring neutering vs. the right to • breed pygmy animals. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1993 PAGE 9 • Mayor Yates opened the hearing for public comment. Leabah Winter stated pig breeding is not encouraged in a residential zone and neutering/spaying is important. Mayor Yates closed the hearing for public comment. Council addressed revisions to Ordinance No. 434, Section 2(A) as follows: A. Pygmy livestock must be neutered when they reach the age of sexual maturity. MOTION: Mayor Yates moved to approve Ordinance No. 434 with amendment to Section 2(A) as follows: Pygmy livestock must be neutered when they reach the age of sexual maturity. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Mayor Yates opened the hearing for public comment. Stewart McElhinney stated it is extremely difficult and expensive to spay a female horse. • Carolyn Neal stated neutering a male animal is less expensive than spaying a female. Mary Phillips stated 4-H members should be allowed to have animals within the City limits. Mayor Yates closed the hearing for public comment. MOTION: Councilmember Unger moved to have Ordinance No. 434 read by title and number only. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) City Administrator Forrest Henderson read Ordinance No. 434 by title and number. MOTION: Councilmember Mullen moved to adopt Ordinance No. 434 for first reading. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Mayor Yates called for a break at 9:00 p.m.; the meeting resumed at 9:15 p.m. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1993 PAGE 10 • D-3 COUNCIL CONSIDERATION AND APPROVAL OF DESTINATION 2000 REPORT City Administrator Forrest Henderson introduced the Destination 2000 report. Mr. Henderson recommended Council review the report and forward any modifications to the Destination 2000 Committee for final compilation. Councilmember Luna asked the City Attorney for clarification on whether the report is considered an advisory document and not binding. City Attorney David Hunt responded this document is a strong statement of policy that will ideally be used for formatting policies and decisions without the binding of any liability or responsibility if they do not follow through with it. Mr. Hunt further clarified Council will be accepting the report by resolution that will create guidelines directing staff to proceed in a manner agreed upon. He said adopting the report would set policy. Councilmember Crotzer stated the report should be accepted as a vision for the future. Councilmember Mullen agreed with Councilmember Crotzer stating the report is a vision and should be accepted as a guideline without the restriction on the individual issues contained in the report. • Mayor Yates opened the hearing for public comment. Ric Deschler stated the report is presently a recommendation from the Destination 2000 Committee. Gene Doughty requested Council consider amending Section C by adding one more mooring in the A-2 area. Ed Smith requested Council accept the proposed recommendations to the report. Bruce Risley stated the street -end improvements should be emphasized in the report. Linda Merrill stated the Committee should examine all public input. Mary Phillips stated a resolution should be drafted requiring all new members on the Council to study all past goal -setting reports. Mayor Yates closed the hearing for public comment. Councilmember Mullen read information submitted by a citizen who stated she is in favor of purchasing Cloisters and undergrounding utilities; she also requested a goal be added to the report that a signal light be installed on Yerba Buena and Highway One and a stop • sign at Yerba Buena and Tide. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1993 PAGE 11 • Councilmember Mullen shared a comment mailed to her requesting the Police Department add bike patrols. City Administrator Forrest Henderson responded the City has implemented Police Bicycle Patrol on the Embarcadero. Councilmember Mullen also requested a two-year budget cycle for the City be added to the report. Councilmember Luna stated the Planning Commission's comments were very focused and clear and requested it be reviewed by the Destination 2000 Committee. MOTION: Mayor Yates moved Council submit the City Council minutes of September 9, 1993, October 21, 1993, and November 3, 1993; the Memorandum of the Planning Commission dated December 7, 1993; and all correspondence received to the Destination 2000 Committee for their final draft of the report. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) D-4 ADOPTION OF A WATER MANAGEMENT PLAN; AMENDMENT AND IMPLEMENTATION OF LOCAL COASTAL PLAN (LCP/GPA 02-93) Public Works Director Jon Crawford reviewed the draft Water Management Plan stating it is a technical report on the ability of • the City of Morro Bay to provide the long-term delivery of water to its customers. He said the primary factors that determine the viability of the options include the City's General Plan and associated growth issues, reliability of the various options, water quality, and economics. Community Development Director Don Funk stated the Planning Commission on December 6, 1993 voted unanimously to recommend to the City Council approval of Option 1B in the Water Management Plan with amendments to the following: 1) determine the availability of State Water; determine the ability to sell the City's rights to State Water; 3) determine the "bottom line" of the cost to the rate payer; and 4) if the new information gathered indicates that State Water is going to cost more than it was said to cost at the time of the original initiative, then the Planning Commission requests the City Council initiate another initiative. Public Works Operations Manager Bill Boucher reviewed water quality in the City. City Attorney David Hunt clarified Measure G does not bind the Council with respect to State Water; however, if Council wishes to proceed to direct staff to pursue Option 1B (desalination alternative) then Measure G can be addressed through a vote of the people which can be accomplished in one of the following ways: 1) the City Council can put a proposition on the ballot to have • Measure G addressed; 2) the voters can circulate a petition on MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1993 PAGE 12 • their own to have another initiative measure placed on the ballot to address the issue; and 3) create a hybrid to try and avoid the uncertainties that result in an initiative and ask staff to prepare a proposed initiative to address the issue of Measure G and allow the citizens to circulate it and place it on the ballot. Mr. Crawford recommended Council adopt Resolution No. 105-93 thereby adopting the Water Management Plan and amending the City's Local Coastal Plan; direct staff to pursue Option 1B of the Water Management Plan; and proceed with forwarding the approved resolution and plan to the Coastal Commission for their review and ultimate approval. Mr. Crawford stated a letter was received from the California Coastal Commission reviewing the Water Management Plan. MOTION: Councilmember Unger moved Council waive the 11:00 p.m. rule. The motion was seconded by Councilmember Luna and carried with Councilmember Crotzer voting no. (4-1) Councilmember Luna asked what kind of legal complications the City would experience with the Central Coast Water Authority if State Water were to be over -turned? Mr. Hunt responded the sale of State Water is the most viable option if the City were to back out of State Water. He said the contracts would remain in affect but the • City would be defraying the costs imposed on the City by the sale of the water allotment. Mayor Yates opened the hearing for public comment. Charles Palmer stated the Water Management Plan is currently incomplete. Frank St. Denis, Chairman for Citizens for All Water Options, stated that a majority of the voters (60%) in the City voted for State Water in both an advisory vote and a binding initiative. He said the present legal opinion is countered by the legal opinion of the past City Attorney, and asked Council to review these opinions. Shirley Shigulos read excerpts from the U.S. Constitution and stated the citizens of Morro Bay voted for State Water which should be upheld. Tom Wuriu stated Morro Bay has been water -poor for its entire existence. He said all water options should be considered. Mary Phillips submitted information in support of State Water to Council. Bruce Risley stated State Water will cost the citizens of Morro Bay • $400,000 more per year than the recommended option. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1993 PAGE 13 • Thomas Walters stated State Water needs to be re-evaluated. He said using desalinated water is the best alternative. Ed Smith asked Council to uphold the vote of the people and consider all water options. Bill Raflowski stated his opposition to State Water and requested an initiative be placed on the ballot for reconsideration. Ernie Miller stated his support for State Water. Shoosh Crotzer stated the citizens of Morro Bay should have an educated and informed vote. She said an initiative should be pursued. Nancy Bast stated the Water Management Plan has the benefit of data the voters did not have two years ago. She said the City has the responsibility of obtaining good water at the cheapest possible rate available. Dale Reddell stated Council should consider all water options including State Water. Ric Deschler stated his opposition to State Water. He asked Council to place an initiative on the June ballot to give the citizens a • second chance to reaffirm or remove Measure G. Rory Livingston, San Luis Coastal Unified School District, stated this is a good time for the school district and the City to coordinate a demonstration project on utilizing existing water which would free up 20% of the current Morro water basin. He also said water rates need to be re-evaluated. Ned Rogoway stated the Water Management Plan does not fulfill the scope of work issued by the City, and the least expensive alternatives for the development of water supply are missing from this report. He said the top priority for the provision of water in this community is the conservation of water which this report does not emphasize. Bill DeCarolis stated the members of Citizens for All Water Options ran a positive and honest campaign in support of State Water and will fight to protect the vote of the people. He urged Council support Option 2-B in the Water Management Plan as mandated by the voting public and get on with life. John Baker stated he also supports the vote of the people for all water options, and based on the overwhelming vote, State Water should not be placed on the ballot again. n LJ MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1993 PAGE 14 • Bill Stafford stated the days of cheap water are over and it is time to get on with making Morro Bay a better place to live. He urged Council vote in favor of Option 2-B in the Water Management Plan so that the City will be ready for State Water when it is available. John Lemons stated the Water Management Plan clearly shows State Water to be the most economical of those alternatives that are in the report. Mark Allen stated the reality the City needs to face is the days of cheap water are almost over. He said the primary goal should be to secure additional future sources of water. Mary Lazere stated this issue should be re-examined with the new facts and latest figures which are still evolving, and have another initiative placed on the ballot for reconsideration. She said the California Coastal Commission stated desalinated water is the most viable option and is the least environmentally destructive. Ray McGelligott stated State Water will cost three times what they were told it would cost when they voted on Measure G. He added with the existing problems in the delta there may not be enough water to meet the present user's demands. Mr. McGelligott stated this issue should be placed on the ballot for reconsideration. • Marilyn Rosa stated Council has the responsibility to re-examine this issue and evaluate the results. She said she would like another initiative placed on the ballot. Mayor Yates closed the hearing for public comment. Mayor Yates called for a break at 11:20 p.m.; the meeting resumed at 11:30 p.m. Councilmember Crotzer stated the Coastal Commission reports recommend Option 1-B in the Water Management Plan as the best alternative, and they would, therefore, issue the permits for use of the Desalination Plant. He said his primary purpose is obtaining a new source of water for the citizens of Morro Bay which can be done in a short term with the use of the Desalination Plant. Councilmember Crotzer stated the most important issue is that of water quality. He said the citizens of Morro Bay should be allowed to vote and make a decision on this issue. Councilmember Unger stated she wants to propose the City get the "biggest bang for the buck"; and to accomplish this is to take re- examine the alternatives in the Water Management Plan and perhaps some that are not in the Water Management Plan. She said in reviewing the State Water Project with engineering consultants throughout the State, they all agreed that State Water is over- committed and more water will be required by the delta because of MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1993 PAGE 15 • salt water intrusion. Councilmember Unger stated the Desalination Plant should be permitted for emergency use only, and its water must be blended initially for taste and secondly to eliminate the possibility of health problems. Councilmember Unger stated she does not support Council placing an initiative on the ballot. She said she supports Measure G. Councilmember Luna stated his opposition to State Water based on its reliability. He said in spite of his personal differences with the State Water Project, he feels obligated to uphold the vote of the people. Mayor Yates stated he is duty bound to support the vote of the people. He also said he supports Option 2-B of the Water Management Plan. Councilmember Mullen stated she will not support Council placing an initiative on the ballot in June. She said she believes in the initiative process and as an elected official is mandated to carry out the will of the people. Councilmember Mullen stated she supports State Water at this time; however, she has questions regarding the Water Management Plan and will not support adopting the Plan this evening. She said she will support a motion to continue this item to a City Council meeting in January; and also supports going to the Coastal Commission and requesting a • continuance on the Desalination Plant permit in order to allow more time to re-examine the report. MOTION: Councilmember Unger moved Council to direct staff to work toward securing a 120-day extension of the Desalination Plan permit thus extending the consideration of the Water Management Plan. The motion was seconded by Councilmember Crotzer. Councilmember Luna stated he cannot support the motion because Council needs to "fish or cut bait" on the State Water issue; he does not want to have this issue brewing for another 120 days. Councilmember Mullen stated amendments are required in the Water Management Plan before adoption takes place. Mr. Hunt stated pursuant to Coastal Commission's requirements, the last day to adopt the Water Management Plan and present it to the Coastal Commission is December 17, 1993. He said there are no guarantees that the Coastal Commission will grant a 120-day extension on the Desalination Plant permit. Councilmember Unger stated she spoke with Steve Guinney of the Coastal Commission who said Council has until January 8, 1994 to request an extension on the Desalination Plant permit. 0 Councilmember Crotzer called the question. 7 • 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1993 PAGE 16 The motion carried with Mayor Yates and Councilmember Luna voting no. (3-2) MOTION: Councilmember Mullen moved Council continue this public hearing to the City Council meeting of January 24, 1994; all requests for additions, editorial comments, request for information for inclusion to the Water Management Plan by Council be given to Boyle Engineering no later than January 5, 1994 by 5:00 p.m. The motion was seconded by Mayor Yates and unanimously carried. (5-0) MOTION: Mayor Yates moved Council affirms Measure G with the intention to direct staff to direct Boyle Engineering that the Water Management Plan should reflect this as the favored option. The motion was seconded by Councilmember Luna. The motion carried with Councilmember Crotzer voting no. (4-1) F. ADJOURNMENT MOTION: Councilmember Luna moved the motion was seconded by unanimously carried. (5-0) The meeting adjourned at 12:35 a.m. Recorded by: Bridgett Davis City Clerk meeting be adjourned. The Councilmember Crotzer and Z O m m 3 m m z City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION — NOVEMBER 22, 1993 CITY HALL CONFERENCE ROOM — 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION ♦ MORRO BAY V. PRICE, SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV 67297 E-2 GOVERNMENT CODE §54956.9(B), SIGNIFICANT EXPOSURE TO LITIGATION ♦ SIGNIFICANT EXPOSURE TO LITIGATION EXISTS AS TO THE MIMOSA ASSESSMENT DISTRICT AND THE THREAT OF LITIGATION BY MR. AND MRS. PAUL PRICE E-3 GOVERNMENT CODE §54956.9(C), INITIATION OF LITIGATION ♦ COUNCIL PREVIOUSLY DECIDED TO INITIATE LITIGATION, AND NEEDS TO DECIDE WHETHER TO CONTINUE ON A COURSE TO INITIATE LITIGATION, REGARDING THE HAYASHI FARMS COASTAL ACT VIOLATIONS AND AN UPDATE ON THE CURRENT STATUS OF THE MATTER �4 GOVERNMENT CODE §54956.8, REAL PROPERTY TRANSACTIONS INSTRUCTING CITY'S REAL PROPERTY NEGOTIATOR REGARDING THE PRICE AND TERMS OF PAYMENT FOR THE PURCHASE, SALE, EXCHANGE, OR LEASE OF REAL PROPERTY REGULAR MEETING — NOVEMBER 22, 1993 VETERANS MEMORIAL HALL — 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE — VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD — Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Clless an item is pulled for separate action by the City Council, the lowing actions are approved without discussion. 1 r1 CITY COUNCIL MINUTES FOR THE SPECIAL DESTINATION 2000 WORKSHOPS OF OCTOBER 21, 1993 AND NOVEMBER 3, 1993; AND THE REGULAR CITY COUNCIL MEETING OF OCTOBER 11, 1993 A-2 WATER SUPPLY STATUS REPORT A-3 STATEMENT OF CASH AND INVESTMENTS - OCTOBER 1993 A-4 EXPENDITURE REPORT - OCTOBER 1993 A-5 AWARD OF CONTRACT FOR PROMOTIONAL SERVICES - SAN LUIS OBISPO VISITOR CONFERENCE BUREAU A-6 APPROVAL OF AGREEMENT FOR LEASE SITE 96-96W (APPLICANT: AL HALL - 945 EMBARCADERO) A-7 PROCLAMATION DECLARING DECEMBER AS NATIONAL DRUNK AND DRUGGED DRIVING PREVENTION MONTH B. UNFINISHED BUSINESS B-1 UPDATE OF MIMOSA STREET REFINANCING POTENTIAL B-2 SIX MONTH REVIEW OF FRANCHISE ADVISORY BOARD *NEW BUSINESS 1 DISCUSSION OF POTENTIAL DOWNTOWN FACADE IMPROVEMENT PROGRAM THROUGH CITY- FINANCED LOW INTEREST LOAN PROGRAM C-2 DISCUSSION OF POSSIBLE AMENDMENT(S) TO MORRO BAY MUNICIPAL CODE SECTIONS 14.44.020 AND 14.44.030 (BUILDING REGULATIONS - IMPROVEMENTS) C-3 SET DATE TO INTERVIEW APPLICANTS FOR ADVISORY BOARDS D. PUBLIC HEARINGS REPORTS & APPEARANCES D-1 APPEAL OF PLANNING COMMISSION ACTION ON CDP 52-93/VAR 05-93 (APPLICANT: WEST - 411 TAHITI STREET) - CONTINUED D-2 APPROVAL OF CONDITIONAL USE PERMIT 22-93 CONCEPT PLAN (APPLICANT: AL HALL - 945 EMBARCADERO) D-3 STATUS REPORT REGARDING IMPLEMENTATION OF FEDERAL CABLE TELEVISION CONSUMER PROTECTION AND COMPETITION ACT OF 1992 AND RELATED LOCAL REGULATORY AUTHORITY; AND A REPORT TO COUNCIL ON STATUS OF PUBLIC ACCESS F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS • AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. 2 • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - NOVEMBER 22, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. • Mayor Yates called the meeting to order at 5:21 p.m. PRESENT: ABSENT: STAFF: CLOSED SESSION Mayor Yates Colby Crotzer Ben Luna Susan Mullen Ahnawake Unger None Forrest Henderson David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Unger moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 5:21 p.m. and returned to regular session at 5:56 p.m. MOTION: Councilmember Luna moved the meeting be adjourned. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) The meeting adjourned at 5:56 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 22, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ff�-- PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None 1 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 22, 1993 PAGE 2 • STAFF: Forrest Henderson David Hunt Rick Algert Jon Crawford Bridgett Davis Don Funk Rudy Hernandez Mike Upton City Administrator City Attorney Harbor Director Public Works Director City Clerk Community Development Director Finance Director Public Works Admin. Assistant Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Bob Fox presented the "Lighten Up" for this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates announced Council added a Personnel item to be heard in Closed Session after tonight's meeting. This is in accordance with Government Code Section 57957 and was enacted by Council's 4/5 vote. Mayor Yates announced the new Harada's Restaurant is now open. Mayor Yates asked if Council would like to participate in • sponsoring the Youth Basketball Program by donating $30 per person? Mayor Yates clarified that even though Council addressed their opinions at the Water Management Plan Workshop on November 17, 1993, the public input process is not over. • PUBLIC COMMENT Linda Merrill expressed dissatisfaction regarding the outcome of the Water Management Plan Workshop on November 17, 1993. She also inquired about the Youth at Risk Program. Councilmember Mullen responded there will be a forum on December 5, 1993 regarding the programs available for youth at risk. Ed McCracken shared an article from the Audobon Magazine called "Paying for Sand" which addresses building by the shore. Jo L. Merriman addressed Council regarding the anniversary of the assassination of John F. Kennedy. Ann Freeman expressed her disappointment that the City Attorney's opinion was not discussed at the Water Management Plan Workshop on November 17, 1993. t) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 22, 1993 PAGE 3 • DECLARATION OF FUTURE AGENDA ITEMS Councilmember Crotzer requested an item be agendized to discuss the City Attorney's opinion regarding the Water Management Plan. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE SPECIAL DESTINATION 2000 WORKSHOPS OF OCTOBER 21 1993 AND NOVEMBER 3, 1993• AND THE REGULAR CITY COUNCIL MEETING OF OCTOBER 11 1993 Mr. Henderson recommended Council approve the minutes of the Special Meetings of October 21, 1993 and November 3, 1993; and the Regular Meeting of October 11, 1993 with amendment to Item C- 2. A-2 WATER SUPPLY STATUS REPORT Mr. Henderson recommended Council accept the report for file. A-3 STATEMENT OF CASH AND INVESTMENTS - OCTOBER 1993 • Mr. Henderson recommended Council accept the report for file. A-4 EXPENDITURE REPORT - OCTOBER 1993 Mr. Henderson recommended Council accept the report for file. VISITORA-5 AWARD CONFERENCE BUREAU- Mr. Henderson recommended Council approve the contract for promotional services to the San Luis Obispo Visitor Conference Bureau. Mr. Henderson recommended Council adopt Resolution No. 103-93 approving the agreement for Lease Site 96-96W. A-7 PROCLAMATION DECLARING DECEMBER AS NATIONAL DRUNK AND DRUGGED DRIVING PREVENTION MONTH Mr. Henderson recommended Council adopt the Proclamation declaring December as "National Drunk and Drugged Driving Prevention Month". • Councilmember Mullen pulled Item A-2 from the Consent Calendar. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 22, 1993 PAGE 4 • MOTION: Councilmember Crotzer moved Council approve the Consent Calendar with the exception of Item A-2. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) lt�_;i�_9 Councilmember Mullen requested update reports on the construction progress of State Water. Public Works Director Jon Crawford responded they could include another section to the status report on State Water. He said he could also arrange to have a State Water representative discuss the current status of State Water at a future meeting. MOTION: Councilmember Mullen moved to approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) B. UNFINISHED BUSINESS Public Works Director Jon Crawford reviewed the status of potential savings to property owners within the Mimosa Street • Assessment District through refinancing and consolidation of the initial and supplemental bond issues into a single issue at current lower rates. Mr. Crawford recommended Council direct staff to hire a bond counsel and underwriter to prepare the necessary documents to refinance the District. MOTION: Councilmember Mullen moved to direct staff to proceed with the refinancing of the Mimosa Street Assessment District. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) • Public Works Administrative Assistant Mike Upton reviewed the status of the newly -appointed Franchise Advisory Board and recommended Council approve the continuation of the Board to oversee the City's Cable TV and Solid Waste Management functions. MOTION: Councilmember Unger moved Council approve the continuation of the Franchise Advisory Board to oversee the City's Cable TV and Solid Waste Management functions. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) 9 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 22, 1993 PAGE 5 C. NEW BUSINESS C-1 DISCUSSION OF POTENTIAL DOWNTOWN FACADE IMPROVEMENT PROGRAM THROUGH CITY -FINANCED LOW INTEREST LOAN PROGRAM City Administrator Forrest Henderson and Councilmember Mullen reviewed the potential Downtown Facade Improvement Program stating this low -interest loan program could be collateralized by the City either from General Fund monies or CDBG funds which would fully guarantee the loans. Councilmember Luna stated he supports the concept; however, is concerned with the motivation of local merchants. He said he would like the program to include a management structure that has incentives for local businesses. Councilmember Mullen responded the program's incentive will provide low -interest loans at 2% for local business improvements. Mayor Yates stated he supports the program because it will give local businesses the incentive to improve their storefronts. He said the process requirements need to be kept at a minimum. Councilmember Crotzer stated this program will not only benefit local businesses but also the general public. • Councilmember Unger asked if the continuity of a theme will be carried through with this program? Councilmember Mullen responded that has not been addressed at this time, but will be addressed when discussing the program with the Chamber of Commerce and Merchants Association. • Chamber Director Suedene Nelson stated this will be a good opportunity to show that the City and business community can work together. MOTION: Councilmember Unger moved Council direct staff to work with Councilmember Mullen to develop the Downtown Facade Improvement Program and bring it back to Council for approval. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) C-2 DISCUSSION OF POSSIBLE AMENDMENT(S) TO MORRO BAY MUNICIPAL CODE SECTIONS 14 44 020 AND 14 44 030 (BUILDING REGULATIONS - IMPROVEMENTS) Mayor Yates reviewed the possible amendment(s) to Morro Bay Municipal Code 14.44 which addresses private parties who do private property improvements and the requirement for the corresponding public improvements. Mayor Yates stated these requirements are causing businesses to leave Morro Bay and he would like the code amended in order to lower these requirements. 9 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 22, 1993 PAGE 6 • Councilmember Mullen stated she supports the concept of public improvements when there is a certain level of private improvement. She asked for clarification on the amendment to the code Mayor Yates is recommending? Mayor Yates responded he would like to place a percentage ceiling on improvements required. Public Works Director Jon Crawford stated improvements required would be facilities that would be necessary to make the area safer and more accessible. Councilmember Crotzer stated the business owner is the primary beneficiary and the improvements made will be to the benefit of the business. Councilmember Unger stated the City's tax base benefits when businesses prosper from these improvements. Councilmember Mullen stated this item should be referred to the Streets and Trees Committee for their comments. MOTION: Councilmember Luna moved Council direct the Streets and Trees Committee to analyze this issue, including the historical data, and return to Council with a proposal. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) • C-3 SET DATE TO INTERVIEW APPLICANTS FOR ADVISORY BOARDS City Administrator Forrest Henderson asked Council to set a date to interview applicants for the various advisory board vacancies. Council asked the City Clerk to schedule a date for Council to interview applicants for the various advisory board vacancies. Mayor Yates called for a break at 7:18 p.m.; the meeting resumed at 7:35 p.m. D. PUBLIC HEARINGS REPORTS & APPEARANCES D-1 APPEAL OF PLANNING COMMISSION ACTION ON CDP 52-93/VAR 05-93 (APPLICANT: WEST - 411 TAHITI STREET) - CONTINUED Mayor Yates opened the hearing for public comment; there was no public comment and the public hearing was closed. No action was taken on this item. D-2 APPROVAL OF CONDITIONAL USE PERMIT 22-93 CONCEPT PLAN (APPLICANT• AL HALL - 945 EMBARCADERO) Community Development Director Don Funk reviewed the request of applicant Al Hall for a Conditional Use Permit and Concept Plan • for a phased master plan for dock improvements, installation of 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 22, 1993 PAGE 7 • vertical and lateral public access improvements, repair or reconstruction of the existing revetment, and permanent use of a 180-square foot interior dining area and separate waiting area for property located at 945 Embarcadero (Lease Site 96/96W). Mr. Funk recommended Council approve the Concept Plan as approved by the Planning Commission at their November 1, 1993 meeting. Mayor Yates opened the hearing for public comment. Al Hall, applicant, stated he is in agreement with the conditions set forth by the Planning Commission. Mayor Yates closed the hearing for public comment. MOTION: Councilmember Mullen moved to approve the Concept Plan including the findings and conditions as approved by the Planning Commission. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) D-3 STATUS REPORT REGARDING IMPLEMENTATION OF FEDERAL CABLE TELEVISION CONSUMER PROTECTION AND COMPETITION ACT OF 1992 AND RELATED LOCAL REGULATORY AUTHORITY• AND A REPORT TO COUNCIL ON STATUS OF PUBLIC ACCESS Public Works Administrative Assistant Mike Upton reviewed the • status report regarding the implementation of the Federal Cable Television Consumer Protection and Competition Act of 1992 and Public, Educational, and Governmental Access Channel. Councilmember Luna asked how the FCC will regulate the local cable operator? Mr. Upton responded it is regulated through complaints received by the cable operator and the City. Councilmember Crotzer asked if the Cable Act can be summarized for implementation by the Franchise Advisory Board? Mr. Upton responded he is working on accumulating some network information for the Board in order to better understand the Cable Act. Councilmember Unger asked how much are the City's annual franchise fees? City Administrator Forrest Henderson responded approximately $16,000 quarterly, which is the maximum the federal law allows at 5%. Councilmember Mullen stated there is a problem with the lack of local public cable access. Mayor Yates opened the hearing for public comment. Bill Olson stated City ordinance requires public access. Charles Reasor encouraged Council to consider taking control over • the local cable franchise. 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 22, 1993 PAGE 8 • Jim Wood stated a local regulatory agency is needed in Morro Bay. Jo L. Merriman stated competition in local cable television is needed in Morro Bay. Mr. Henderson responded the City pursued a wireless system; however, the area was reviewed and found it was not feasible. He said the capital investment in a City -owned utility is more than the City can afford. Councilmember Unger stated Morro Bay should consider pursuing local control. Mayor Yates stated he supports local control and public access. He recommended the Franchise Advisory Board test the local public access by bringing a tape in for viewing. David Hunt recommended Council schedule the results of this test for discussion in Closed Session. Councilmember Mullen stated it is important that a studio is available for producing a tape for public access viewing. She supports local control, however, is concerned with local cost. • Councilmember Luna stated local regulations need to be researched regionally for consideration of networking to pull resources together in order to lessen the impact on the City. No action was taken on this item. F. ADJOURNMENT MOTION: Mayor Yates moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) The meeting adjourned at 8:40 p.m. Recorded by: Bridgett Davis City Clerk • I*] ! r� $ 19g3 City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION - NOVEMBER 8, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION ♦ CDSI V. CITY OF MORRO BAY, CONTRACTUAL ARBITRATION ♦ ADI V. CITY OF MORRO BAY, CONTRACTUAL ARBITRATION E-2 GOVERNMENT CODE §54956.8, REAL PROPERTY TRANSACTIONS ♦ INSTRUCTING CITY'S REAL PROPERTY NEGOTIATOR REGARDING THE PRICE AND TERMS OF PAYMENT FOR THE PURCHASE, SALE, EXCHANGE, OR LEASE OF REAL PROPERTY • REGULAR MEETING - NOVEMBER 8, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF SEPTEMBER 27, 1993 41-2 APPROVAL TO CANCEL THE SECOND REGULARLY SCHEDULED CITY COUNCIL MEETING OF DECEMBER 20, 1993 1 0-3 APPROVAL OF ASSIGNMENT OF LEASE SITE 96-96W; APPLICANT - AL HALL (THIS ITEM HAS BEEN PULLED FROM THE AGENDA) A-4 APPROVAL FOR AUDIT CONTRACT WITH CARLOS J. REYNOSO, CPA TO PERFORM AUDIT SERVICES FOR MORRO BAY-CAYUCOS JPA A-5 RESOLUTION APPROVING THE PUBLIC AREA USE PERMIT (#101-93) FOR THE 1993 LIGHTED BOAT PARADE (DECEMBER 4, 1993) A-6 RESOLUTION APPROVING PUBLIC AREA USE PERMIT (#102-93) FOR CAL POLY CREW CLUB PRACTICES ANNUAL PERMIT RENEWAL AND REGATTA - MARCH 1994 A-7 CLAIM REJECTION - LEN CARPENTER A-8 CLAIM REJECTION - JOHN & THELMA MILLS B. UNFINISHED BUSINESS B-1 STATUS REPORT ON HARBOR ENTRANCE IMPROVEMENT AND DIRECTION ON FINANCING OPTIONS B-2 ORDINANCE NO. 433 - TRANSFERABILITY OF WATER EQUIVALENCY UNITS TO NEW PROPERTY OWNERS (SECOND READING AND ADOPTION) C. NEW BUSINESS q1 CONSIDERATION OF CITY TAKE-OVER PERMIT FOR FUTURE RESEARCH CENTER PROJECT AT 449 EMBARCADERO (LEASE SITE 49W/FORMERLY ENVIRONMENTAL RESEARCH CENTER) D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 CITIZEN REQUEST FOR AGENDA TIME (CHARLES PALMER) D-2 CONSIDERATION OF INCREASE IN TRANSIENT OCCUPANCY TAX D-3 REVIEW OF MUNICIPAL CODE SECTION 13.20.080 REGARDING EXPIRATION OF WATER EQUIVALENCY UNIT CREDITS ON MARCH 11, 1994 F. ADJOURNMENT • COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. VA • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - NOVEMBER 8, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Forrest Henderson City Administrator David Hunt City Attorney E. CLOSED SESSION MOTION: Councilmember Mullen moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Luna and unanimously carried. (5-0). Mayor Yates read the Closed Session statement. • The meeting adjourned to Closed Session at 5:30 p.m. and returned to regular session at 5:57 p.m. F. ADJO MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) The meeting adjourned at 5:57 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 8, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. W PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember 0 Ahnawake Unger Councilmember • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER S, 1993 PAGE 2 ABSENT: None STAFF: Forrest Henderson David Hunt Rick Algert Bridgett Davis Don Funk Rudy Hernandez Dave Howell Jeff Jones Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP City Administrator City Attorney Harbor Director City Clerk Comm. Dev. Dir. Finance Director Police Chief Fire Chief Jon Russikoff presented the "Lighten Up" this evening. Mayor Yates commended the Morro Bay Fire Department firefighters who assisted in the Marre and Los Angeles fires. Mayor Yates asked for clarification on the financial impacts allocated through Proposition 172. City Administrator Forrest • Henderson responded the City of Morro Bay will obtain $54,000 in General Fund monies which is earmarked for public safety through Proposition 172. Councilmember Mullen stated she attended a JPA meeting with the local cities and Board of Supervisors where they discussed the results of the Latino Task Force and the proposed JPA to deal with regional solid waste issues. She said they also discussed establishing joint meetings of the City Councils and Supervisors to meet during the week in the mornings to discuss topics of regional interest. Councilmember Luna stated the Gang Task Force Committee he has been involved in has incorporated as "SLOGO" (San Luis Obispo Gangs Out). He said KSBY will be holding a satellite town hall meeting on Thursday, November llth at 7:00 p.m. at the Cuesta College Interact Theatre. PUBLIC COMMENT Jo L. Merriman announced his father's passing. Charles Palmer stated it is proposed to re-route the creeks onto the Domenghini Flats by using logs and brush which may cause flooding problems at Twin Bridges. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 8, 1993 PAGE 3 • Ed Biaggini asked if Council has been approached by the San Luis Obispo Housing Authority regarding the Mortgage Credit Certificate Program; Council responded they have already approved this program. • • Mayor Yates requested an item be agendized regarding the Brown Act update, and asked staff to prepare a resolution requiring City Council meeting tapes be maintained longer than thirty days. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF SEPTEMBER 27 1993 Mr. Henderson recommended Council approve the minutes of September 27, 1993. A-2 APPROVAL TO CANCEL THE SECOND REGULARLY SCHEDULED CITY COUNCIL MEETING OF DECEMBER 20, 1993 Mr. Henderson recommended Council approve the request to cancel the second regularly scheduled City Council meeting of December 20, 1993. A-3 APPROVAL OF ASSIGNMENT OF LEASE SITE-96-96-W,- APPLIC4NM�� HALL This item was pulled from the agenda. Mr. Henderson recommended Council approve the audit contract with Carlos J. Reynoso, CPA to perform audit services for Morro Bay - Cayucos JPA. A-5 RESOLUTION NO 101-93 APPROVING THE PUBLIC AREA USE PERMIT FOR THE 1993 LIGHTED BOAT PARADE (DECEMBER 4, 1993) Mr. Henderson recommended Council adopt Resolution No. 101-93 approving the Public Area Use Permit for the 1993 Lighted Boat Parade. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 8, 1993 PAGE 4 • A-6 RESOLUTION NO #102-93 APPROVING PUBLIC AREA USE PERMIT FOR CAL POLY CREW CLUB PRACTICES ANNUAL PERMIT RENEWAL AND REGATTA - MARCH 1994 Mr. Henderson recommended Council adopt Resolution No. 102-93 approving the Public Area Use Permit for Cal Poly Crew Club Practices Annual Permit Renewal and Regatta. • 0 A-7 CLAIM REJECTION - LEN CARPENTER Mr. Henderson recommended Council reject the claim of Len Carpenter. A-8 Mr. Henderson recommended Council reject the claim of John and Thelma Mills. MOTION: Councilmember Crotzer moved to approve the Consent Calendar. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) ON HARBOR ENTRANCE I,%R'ROVEMRXuP--,4--VD—DIPEP�T�V Ov FINANCING ' ' OPTIONS Harbor Director Rick Algert reviewed the status report on the Harbor Entrance Improvement Project. Mr. Algert recommended Council direct staff to commence work on the Project Cooperation Agreement (PCA) with the Corps of Engineers with the understanding that the City plans to pay the local agency cost share in total at the time of Council review and approval of the PCA estimated in mid-1994; authorize the Finance Director to transfer the remaining balance in the T-Pier Insurance Settlement Fund to the Harbor Entrance Improvement Project reserve account; and authorize staff to hire E. Del Smith and Company, Inc. under the letter of proposal dated July 13, 1993 with payments charged to the Harbor Entrance Improvement Project reserve account. Councilmember Mullen asked if paying the total local agency costs at the time of signing the PCA is an advantage to the City? Mr. Algert responded paying all costs up front will reduce the debt service in the Harbor Fund and may also be used as a negotiating issue. Councilmember Mullen stated she supports paying the costs up front if it can be used as a negotiating tool, but if not, she would prefer retaining $260,000 of the costs to incur interest. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 8, 1993 PAGE 5 • Councilmember Crotzer stated he supports paying the local agency costs up front because the rate of finance is unpredictable. He said a Washington lobbyist is probably money well spent; however, our local representative should be representing the City in this matter. Mayor Yates stated he supports hiring Mr. Del Smith for his federal representation services. Mayor Yates also supports paying the total local agency cost since it is earmarked for this purpose. MOTION: Councilmember Luna moved to direct staff to commence work on the Project Cooperation Agreement (PCA) with the Corps of Engineers with the understanding that the City plans to pay the local agency cost share in total at the time of Council review and approval of the PCA estimated in mid-1994; authorize the Finance Director to transfer the remaining balance in the T-Pier Insurance Settlement Fund to the Harbor Entrance Improvement Project reserve account; and authorize staff to hire E. Del Smith and Company, inc. under the letter of proposal dated July 13, 1993 with payments charged to the Harbor Entrance Improvement Project reserve account. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) City Administrator Forrest Henderson presented Ordinance No. 433 (transferability of water equivalency units to new property owners) for second reading and adoption. MOTION: Councilmember Mullen moved to have Ordinance No. 433 read by title and number only. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Mr. Henderson read Ordinance No. 433 by title and number. MOTION: Councilmember Mullen moved to adopt Ordinance No. 433. The motion was seconded by Councilmember Luna and carried with Councilmember Crotzer voting no. (4-1) Community Development Director Don Funk reviewed this item and recommended Council consider the proposal from the Morro Bay Environmental Research Center for the City to consider assuming the • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 8, 1993 PAGE 6 • role as interim applicant for the non-profit research facility project located at 449 Embarcadero (Lease Site 49/49W). Councilmember Luna asked if the project design meets the height limitations? Mr. Funk stated currently the proposed project is above the current height limitations; the applicant obtained a special permit to exceed the height limitations. City Attorney David Hunt stated since this is considered a Real Property Negotiations issue, individualized terms of the current lease site agreement should be heard in Closed Session. Councilmember Mullen asked if the project design can be altered if the City takes over as the applicant? Mr. Hunt responded the design can be altered if that is a condition of the negotiated transfer. Mayor Yates stated he agrees that the height of the project should meet the current height limitations. He said he is supportive of assuming the role as interim applicant of this proposed non-profit marine -related facility as long as no strings are attached. Councilmember Crotzer stated he supports the concept of maintaining a non-profit marine research facility at this lease site. He said he would like the height limit to remain as designed to support an • observation deck. Councilmember Luna stated he supports assuming the role as interim applicant for the marine research center with no strings attached. Councilmember Unger stated she supports the concept of maintaining a non-profit marine research facility at this location; however it should meet the height limit requirement. She said she supports taking over the permits as interim applicant as long as there are no strings attached. MOTION: Councilmember Mullen moved to direct staff to negotiate the transfer and take-over permits, and maintain lease site 49/49W as a non-profit marine research/education facility area. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Council discussed modifications to the size and scale of the proposed project. Mr. Gene Doughty, architect for Morro Bay Environmental Research Center, stated he will volunteer his time to work with staff in modifying the size and scale of the project. Mayor Yates called for a break at 7:25 p.m.; the meeting resumed at 7:40 p.m. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 8, 1993 PAGE 7 • D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 CITIZEN REQUEST FOR AGENDA TIME (CHARLES PALMER) City Administrator introduced Mr. Charles Palmer who requested ten minutes of agenda time. Mr. Palmer addressed the following issues: Council's representation of the citizens of Morro Bay; State Water Project; and the Water Management Plan. * Mayor Yates opened the hearing for public comment; there was no public comment and the public hearing was closed. No action was taken on this item. * Mr. Palmer's comments are attached hereto as part of the record. D-2 CONSIDERATION OF INCREASE IN TRANSIENT OCCUPANCY TAX City Administrator Forrest Henderson reviewed the consideration of increasing the Transient Occupancy Tax (TOT) from nine percent to ten percent. Mayor Yates opened the hearing for public comment. The following people opposed the increase in TOT: Ed Biaggini, Suedene Nelson, Charles Palmer, Jean Hartzell, Tom Stewart, Fred Smith, John Woodruff, Marla Mancini, Ann Freeman, Hugo iHampp, Robert Lewelyn, Jim Wood, Jack Curry, and Carla Main. Mayor Yates closed the hearing for public comment. Mayor Yates stated he will not support the proposed increase in TOT at this time. Councilmember Luna stated he could not support increasing a tax that is going to provide City-wide benefits beyond paying for the impact of the tourists that visit Morro Bay. He said the City needs to review innovative ways to generate revenue. Councilmember Crotzer stated he is supportive of the concept of an increase in TOT if the revenues support the additional use and stress on the City's infrastructure. Councilmember Unger stated she will not support the proposed increase in TOT. She said the City needs to promote tourism and find other ways to increase revenues. Councilmember Mullen stated she will not support the proposed increase in TOT. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 8, 1993 PAGE 8 • MOTION: Mayor Yates moved to table this item. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Community Development Director Don Funk reviewed proposed revisions to Ordinance No. 425 regarding the loss of water equivalency unit credits. He said the present provisions of Ordinance No. 425 will have a profound negative impact on some properties by limiting the water equivalency unit credits to the use of the building over the last ten years. Mr. Funk said the present provisions in the ordinance will also be difficult to monitor. Mr. Funk offered two options for Council consideration: Option 1 - leave Section 13.20.080 of the Morro Bay Municipal Code unchanged and direct staff to begin the studies necessary to determine the new lower water equivalency unit credits for each property. Option 2 - request staff to prepare an ordinance which, if adopted, would maintain the credits effective since 1977. • Council discussed the water equivalency unit program and how it is implemented. Mayor Yates opened the hearing for public comment. Ed Biaggini stated the present water equivalency unit program should be abandoned and replaced with a more simplified method. Albert Jorge opposed the ordinance as a whole and asked Council to consider maintaining historic water equivalency units for future development. Mayor Yates closed the hearing for public comment. Mayor Yates stated he supports Option 2. He said it would be unfair that a business lose its historic water equivalency units. Councilmember Unger agreed with Mayor Yates in support of Option 2. Councilmember Luna stated he also supports Option 2. Councilmember Crotzer stated the City should make a policy that encourages water conservation. Councilmember Mullen stated the existing policy encourages highest water usage; she is concerned with changing the policy because it • does not encourage water conservation. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 8, 1993 PAGE 9 • Councilmember Luna stated the water rate structure will maintain water conservation. MOTION: Mayor Yates moved to direct staff to prepare an ordinance which would maintain the water equivalency unit credits effective since 1977; and further direct staff to make findings that the City Council is committed to water conservation in the City of Morro Bay. The motion was seconded by Councilmember Luna. Councilmember Luna stated he would like the Water Advisory Board to review this ordinance and make recommendations to the City Council. Councilmember Luna withdrew his second. Councilmember Unger seconded the motion and called for the question. The motion failed on the following vote: AYES: Mayor Yates and Councilmember Unger NOES: Councilmember Crotzer, Councilmember Luna, and Councilmember Mullen. (2-3) MOTION: Councilmember Luna moved to direct the Water Advisory • Board to analyze Option 2 of the staff report, and brainstorm the various ways the City can maintain water conservation; and also protect the water equivalency unit credits of the City's business owners. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) Councilmember Mullen requested an item be agendized to discuss lowering the Transient Occupancy Tax during certain times of the year. F. ADJOURNMENT MOTION: Councilmember Luna moved the meeting be adjourned. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) The meeting adjourned at 9:30 p.m. Recorded by: BRIDGETT DAVIS City Clerk • AGENDA NO. D. Date, i/Vu Action LIMITING TI IL T1ME'IO TALK • COSTS THE CITY OF MORRO BAY MONEY Mr. Mayor and members of the Council. You have given me 10 minutes to address you about the time allotted for individual members of the public to address you. That is covered by the California Code governing "cities, counties, other agencies", Code number 54954.3 tilled, "Public testimony at regular meetings". This code reads, in part: a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body's consideration of the item. The rest of Subsection (a) does not pertain to the subject under discussion. Subsection b) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and l'or each individual speaker. One of the questions here is, what was the State Legislature's intent when it wrote subdivisions (a) and (b)? Was it that a legislative body could cut every speaker off after three minutes regardless of the seriousness or complexity of the subject and regardless of how much time the stair presentation had taken? I don't think so! Another question for each one of you is, what is your job as a member of this City Council? You • are the Board of Directors of a multimillion dollar corporation. It is your job to establish policy, to oversee projects that you want your staff to pursue, to redirect project that are off course, and to oversee the City's business. It is your job to make the best decisions that you can based on the information that you receive from your staff and from the public. If you don't allow the input of information different from that which you receive from your staff you individually and collectively are not doing your jobs. If you are just rubber stamps for the staff, you don't belong behind that table. If you are not looking out for the people's interests, we might as well not have a council. We put you here to direct the City's business, do it! It is not, Mr. Mayor as you have suggested, for the public to lobby you individually. That is an almost impossible job in a short period of time; and it does not allow members of the general public to be informed at the same time you are, because the public is not there; nor does it allow rebuttal to last minute misinformation your staff may present after the public comment section of the agenda is closed. • We hired you, the staff didn't. We didn't hire you to listen to a lot of nonsense, but we did hire you to listen to us when its important. It is more important to us that you do a good job for us than that you get home from a Council meeting by I1:00 o'clock! We pay the bills! You can and will be replaced if a majority of the voting public thinks you are failing in your job responsibilities. The main one of which is to provide the services that the public wants at the lowest possible cost! You fail in this and .............. well there will be another election next year, if the people are willing to wait that long. November 8, 1993 Let me give you an example or two: • 1) About 10 days ago Councilmember Unger call me and asked if I knew the per acre foot cost of pumping water from the existing wells. I did not. She told me that Jon Crawford, the City Engineer/Public Works Director had estimated it to her as being over $1700 per acre foot. That is impossible! I got out the city budget and found that the total water budget, including overhead, was $425,616. With this number the cost per acre foot would be $318. After taking out the overhead, insurance, etc.. there was about $326,522 or $244 per acre foot which was in accord with the $220 computed by The City's Water Engineer, or the $230 computed by the Last City Engineer/ Public Works Director, Nick Nichols. Mr. Crawford reportedly told Councilmember Unger that they didn't know how to make the calculations or had made a mistake. He also reportedly told her that he had a 2 million dollar budget. During the year just ended in June the City pumped 1340 acre feet of water from the ground. If that is multiplied times the cost per acre foot we can determine how much the production costs were. So 1340 acre feet times 1700 $/acre foot = $2,278,000. That is probably more than the Public Works Department's total budget for water, sewer, streets, and etc. State Water is currently being estimated at over $1,800 per acre foot. Is there something wrong here? There is one other problem. This is the cost of production and delivery, but the delivery system is in place and its cost won't change. There is no way in the current budget that delivery costs can be separated from production costs. There will, however, be no new delivery costs when State Water, Nacimiento Water, or desalinated water is put into Morro Bay's water system. The cost comparisons will not be the same. 2) According to the Public Works Department, wells 3, 4, 14, and 15 just east of Highway 1 and • north of Morro Creek are at an elevation of 15 feet above sea level. This information was given to Cleath and Associates, the geologist, who wrote Appendix B of the Water Management Plan. 0 The day that the Mayor and I went to these wells we also looked at the Creek bottom. The Mayor estimated the creek bottom to be about 15 feet below the pump bases. It just happened to be the time for a high tide of 5.3 feet. Let's stop and think. If the pumps are located 15 feet above "0" sea level and the creek bottom is 15 feet below the pump bases, then the creek bottom must be at "0" sea level and there should have been at least 5.3 feet of sea water in the creek under Highway 1. Can you believe it, the creek bed was dry! Something is wrong somewhere, and to make things worse this data was used to justify the need for more desalinization plants in the new Water Management Plan. It would seem that, the City Engineer/ Public Works Director is either incompetent or a stranger to the truth. In either event he should no longer be employed by this City! And you, the council, are not interested in this kind of information unless we can tell You in three minutes or search you out individually and rub Your noses in it. And there's a Water Managment Plan coming un! The rules need to be liberalized. Mr. Mayor and members of the Coullcil._so _have that ggblic work shoo on this matter that was promised in June when this first came lip! 2 November 8, 1993 � o 0) 1913 MINUTES - SPECIAL MEETING - NOVEMBER 17, 1993 MORRO BAY CITY COUNCIL/PLANNING COMMISSION/WATER ADVISORY BOARD VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. CITY COUNCIL PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember ABSENT: Ahnawake Unger Councilmember PLANNING COMMISSION PRESENT: Charles Reasor Chairman Janice Peters Commissioner Howard Smith Commissioner WATER ADVISORY BOARD MEMBERS PRESENT: Herb Haley Chairman Steve Carnes Board Member Hilary Everett Board Member Ann Freeman Board Member Arby Kitzman Board Member John Lemons Board Member Ed McCracken Board Member STAFF PRESENT: Forrest Henderson City Administrator David Hunt City Attorney Jon Crawford Public Works Dir./ City Engineer Bill Boucher Public Works Assoc. Don Funk Comm. Dev. Director Bridgett Davis City Clerk Jon Crawford, Public Works Director/City Engineer summarized the draft Water Management Plan for those who were unable to attend the workshop on November 3, 1993. He reviewed the City Attorney's opinion on the impact of Measure G stating both the C� MINUTES - SPECIAL MEETING - NOVEMBER 17, 1993 MORRO BAY CITY COUNCIL/PLANNING COMMISSION/WATER ADVISORY BOARD PAGE 2 attorney and staff are of the opinion that any attempt to sell the City's entitlements of State Water would be challenged resulting in costly litigation and a divisiveness that would not be beneficial to the City. Mr. Crawford then introduced Jim Kentosh and Christine Ferrara from Boyle Engineering Corporation who also gave a brief summary of the report. Mr. Crawford stated the desalination facility is recommended to be operated as soon as a Coastal Permit for non -emergency operation of the facilities can be obtained; blending facilities are recommended but are not included in the cost estimates; delivery of State Water to the south end of the City will require the construction of new south/north transfer facilities; and adoption of the desalination option eventually requires the installation of additional beach wells and expansion of the plant. Mr. Crawford stated the one area that does raise concern operationally is the water quality and compatibility of the different characteristics of each "type" of water. Bill Boucher, Operations Manager, reviewed the water quality analysis of the various options. Mr. Crawford reviewed the cost analysis of the various options. • Councilmember Crotzer asked for clarification on the cost of the water disinfection process. Mr. Boucher responded if the City changes its disinfection technique it will be at 100% local cost which would be eligible for financing through the State Water bond. Councilmember Crotzer asked for clarification on the cost if State Water is piped to Morro Bay. Mr. Boucher responded the pro-rata would be based on the contractual allocation percentage. Commissioner Peters asked for clarification on water quality. Mr. Boucher responded through micro -filtration, the entire mineral loading in the water supply would be reduced which would result in softer water. Commissioner Smith asked for clarification on the cost estimates for State Water. Mr. Kentosh responded the City's contract with the County of San Luis Obispo requires the City to make minimum payments whether or not the City receives State Water unless the City chooses to sell its rights to State Water and the obligations are taken on by the buyer. Boardmember Carnes asked if State Water can be sold without the construction of the pipeline? Mr. Crawford responded yes. • MINUTES - SPECIAL MEETING - NOVEMBER 17, 1993 MORRO BAY CITY COUNCIL/PLANNING COMMISSION/WATER ADVISORY BOARD PAGE 3 • Chairman Reasor asked if other agencies have requested to sell their rights to State Water? Mr. Crawford responded the County is currently in negotiations. He said the City has a one to two year window to find the best deal and if that is not available the City can go solely with State Water. Mayor Yates called for a break at 7:10 p.m.; the meeting resumed at 7:27 p.m. Mayor Yates opened the hearing for public comment. Ed Smith asked what happened to the citizen's initiative for State Water? Mayor Yates responded the initiative is still in effect. Jo L. Merriman asked where the City's groundwater wells are located and what are their capacities? Mr. Merriman expressed concern on future water rates. Mr. Crawford stated with State Water, the City will need another reservoir adjacent to the reservoir on Kings Street; other facilities have been identified but locations have not been found to date. He said the capacity of the sewer treatment plant will need to be addressed within five to seven years. Randy Ruff asked if the City would try to recover costs incurred related to facilities of the coastal branch if it chose to sell • its State Water allocations? Mr. Kentosh responded energy will increase at the same rate as inflation. Mr. Crawford stated staff's recommendation is the City continue to participate in the design of the second phase of the Chorro Valley Pipeline, and if the City chooses to sell, it will recover 60-80 cents on the dollar. Frank St. Denis, Chairman of the Committee for All Water Options, stated the citizens of Morro Bay voted for State Water on both the advisory level and on a binding initiative. He said the vote should be honored and encouraged Council to consider Option 2-B of the report. Charles Palmer requested corrections be made to his critique to the Water Management Plan. Mayor Yates submitted the corrections to the City Clerk for the record. Mr. Palmer stated options not included in the plan are: keep State Water and the present growth rate; keep State Water and allow the City to grow faster; or dispose of State Water and keep the present growth rate. He said based on his calculations, the figures and projections in the Water Management Plan are not valid. Ned Rogoway stated in his review of the Water Management Plan, he found there are inaccuracies regarding the scope of work. He said wastewater reclamation should be an option considered as • part of the plan. Mr. Rogoway encouraged Council consider the MINUTES - SPECIAL MEETING - NOVEMBER 17, 1993 MORRO BAY CITY COUNCIL/PLANNING COMMISSION/WATER ADVISORY BOARD PAGE 4 • review of the Local Coastal Plan and its implementation of the Water Management Plan. Mr. Crawford stated the scope of work has been fully met. He said reclamated water is not a potable water source and offers limited water supply to few locations. John Baker stated the citizens of Morro Bay voted for the State Water Project on both an advisory vote and a binding vote. He said the previous City Council voted for the desalination plant as a back-up use. He encouraged Council to choose Option 2-B of the Water Management Plan. Tom Wuriu stated State Water should be used as a primary source with the desalination plant being available as a back-up water source. Bill DeCarolis stated the citizens of Morro Bay voted for State Water. He said if Morro Bay sells its rights to State Water, it will be gone forever. Bill Stafford encouraged Council choose Option 2-B of the Water Management Plan which offers three sources of water. He said State Water will become more cost efficient as time passes, whereas the desalination plant will increase in cost. Dale Reddell encouraged Council maintain all water sources. He expressed concern with the desalination plant being used as a • primary water source which may cause a building moratorium due to the energy factor. Warren Dorn stated the City was committed to using reclamated water when the grant was obtained to re -design the wastewater treatment plant. Galen Ricard stated the City should maintain all water options available for the future. Mayor Yates closed the hearing for public comment and opened discussion between the boards. Boardmember Lemons asked if the proposed options include the potential for revenue generation by the electrical power that will be generated on the local facility? Mr. Kentosh responded they did not consider the potential economic benefit of hydro- power. Councilmember Luna asked for clarification on the long-term availability of an outfall discharge site. Mr. Crawford responded the City currently has permission to utilize the PG&E outfall. He said another location to consider would be discharging off the rip -rap within City property. • • • • MINUTES - SPECIAL MEETING - NOVEMBER 17, 1993 MORRO BAY CITY COUNCIL/PLANNING COMMISSION/WATER ADVISORY BOARD PAGE 5 Councilmember Luna asked if the Chorro Valley pipeline would be constructed with a 10" or 16" pipe? Mr. Crawford responded a larger pipe would provide the ability to sell water to Los Osos/Baywood Park. Councilmember Luna referred to Table 15-9 of the Water Management Plan and asked if the cost of filtration requirements were included? Mr. Kentosh responded it does not include any costs related to filtration of groundwater. Mayor Yates asked if the Water Management Plan refers to the City's 25% water loss? Mr. Crawford responded the report includes a per capita of 10% water usage for fire use and leaks. Mr. Kentosh stated the per capita levels used are based on production records which includes water losses. Commissioner Peters stated the cost factors are questionable and all alternatives should be explored through Option 1-B. Chairman Reasor agreed the cost factor needs to be clarified. Commissioner Smith stated the City has made a contractual obligation with the State Water Project and supports Option 2-B of the Water Management Plan. Chairman Haley stated the Water Advisory Board will be meeting on December 8, 1993 and will provide a recommendation to the City Council at that time. Boardmember Kitzman stated he supports option 2-B of the Water Management Plan. Boardmember Carnes asked for a breakdown of rate increases for both Option 1-B and 2-B to be provided for the Water Advisory Board's December 8, 1993 meeting. Councilmember Crotzer stated the Water Management Plan should be used as an educational tool and should not be looked at as a divisive issue. Councilmember Mullen asked how the City would promote water conservation if it must use all the State Water received? She also asked if this means the City will have to drastically reduce the exponential curve in our current water rate table to a flat line rate? if-vAegnatt—e=-eaer-be-prowi�}ed- iyr-tke-festxre-ifi- -ffat tine -mate- �`=�!s-i-s-eaed? Mr. Crawford responded an inclining rate structure needs to be used to promote conservation; however, a step increase structure could be considered over a direct inclining scale. MINUTES - SPECIAL MEETING - NOVEMBER 17, 1993 MORRO BAY CITY COUNCIL/PLANNING COMMISSION/WATER ADVISORY BOARD PAGE 6 . Councilmember Mullen stated water conservation is the City's cheapest source of water. She stated the figures relating to population growth and water use in the report are too high, and asked they be revised to meet the requirements of Measure F. Councilmember Mullen stated she supports Option 2-B of the Water Management Plan. Councilmember Luna stated he is concerned with the status of the City's groundwater rights. He said both options in the report rely on the use of groundwater. Councilmember Luna stated he supports the idea of having all water options available. Mayor Yates stated he supports option 2-B of the Water Management Plan. The meeting adjourned at 9:05 p.m. Recorded By: Bridgett Davis City Clerk u • • MINUTES - MORRO BAY CITY COUNCIL/PLANNING COMMISSION SPECIAL MEETING (DESTINATION 2000) - NOVEMBER 3, 1993 VETERANS MEMORIAL BUILDING - 8:00 P.M. • Mayor Yates called the meeting to order at 8:00 p.m. CITY COUNCIL PRESENT: William Yates Colby Crotzer Ben Luna Susan Mullen Ahnawake Unger PLANNING COMMISSION PRESENT: Henry Garcia Bernie Melvin Janice Peters Howard Smith STAFF PRESENT: Forrest Henderson David Hunt Jon Crawford Bill Boucher Don Funk Bridgett Davis Mayor Councilmember Councilmember Councilmember Councilmember Planning Commissioner Planning Commissioner Planning Commissioner Planning Commissioner City Administrator City Attorney Public Works Director Public Works Associate Comm. Dev. Director City Clerk Mayor Yates opened the meeting for public input. Bruce Risley stated street -ends overlooking the Embarcadero are assets to the City and need improvements to make them uniformly attractive. He suggested enlisting Cal Poly students in this plan. Ray McKelligott stated the rock area should be left in its natural state with the exception of providing better access from the parking lot to the beach. He said he is supportive of the concept of a haul -out facility but questions where it could be located in Morro Bay. Linda Merrill expressed concern of a business park being located in North Morro Bay; she would like for it to remain a residential area. She said bike lanes are needed in North Morro Bay. Ms. Merrill also addressed the need to provide more events for the middle school aged youth, transportation for youth activities, and the need to expand lifeguard services. Jim Wood stated the following should be made priorities in the goals report: locating a haul -out facility in Morro Bay, the need • for a parking facility near PG&E, investment in underground utilities, and the consideration of opening competition for cable television. • Craig Campbell expressed the need for youth programs that encourage parent -participation. He said he supports a haul -out facility in Morro Bay. Ed McCracken stated there is a need for senior programs as well as a teen center. Jo L. Merriman stated the City should have activities for the disabled. Mayor Yates closed the public hearing. Councilmember Mullen thanked the public for their input on this goals report. Councilmember Luna stated participation from the youth of Morro Bay is needed. Planning Commissioner Bernie Melvin stated copies of the Outreach Program should be delivered to the local schools. The meeting adjourned at 8:30 p.m. • Recorded by: Bridgett Davis City Clerk • 2 • • MINUTES - SPECIAL MEETING - NOVEMBER 3, 1993 MORRO BAY CITY COUNCIL/PLANNING COMMISSION/WATER ADVISORY BOARD VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. CITY COUNCIL PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember PLANNING COMMISSION PRESENT: WATER ADVISORY BOARD MEMBERS PRESENT: STAFF PRESENT: Henry Garcia Bernie Melvin Janice Peters Howard Smith Herb Haley Steve Carnes Hilary Everett Ann Freeman Arby Kitzman John Lemons Ed McCracken Forrest Henderson David Hunt Jon Crawford Bill Boucher Don Funk Bridgett Davis Commissioner Commissioner Commissioner Commissioner Chairman Board Member Board Member Board Member Board Member Board Member Board Member City Administrator City Attorney Public Works Dir./ City Engineer Public Works Assoc. Comm. Dev. Director City Clerk Jon Crawford, Public Works Director/City Engineer reviewed the draft Water Management Plan. He introduced Jim Kentosh and Christine Ferrara from Boyle Engineering Corporation and Tim Cleath from Cleath & Associates who made a presentation on the draft Water Management Plan. 0 11 0 MINUTES - SPECIAL MEETING - NOVEMBER 3, 1993 MORRO BAY CITY COUNCIL/PLANNING COMMISSION/WATER ADVISORY BOARD PAGE 2 Mr. Kentosh and Ms. Ferrara reviewed existing water sources, potential water sources, and reliability sources. They reviewed cost estimates on the various water sources and recommended the following options: Alternative iB - Expanded Desalination Facility: This option proposes to expand the existing facility and source wells to work in conjunction with existing groundwater wells to provide enough water to meet the needs of General Plan Build -out populations. Require sale of all or a portion of the City's current allotment of State Water. Estimated Annual Cost = $1,390,000 - $2,060,000. Alternative 2B - State Water as PrimaKy Source: This option requires continued participation in the Central Coast Water Authority pipeline and construction of a pipeline from this line to the City. Due to concerns over delivery restrictions during drought years, continued operation of the desalination facility in conjunction with groundwater will be required. Estimated Annual Cost = $1,760,000. Councilmember Luna stated the report addresses the replacement of pipelines that leak as an available retrofit measure which seems to be an outdated program. Ms. Ferrara responded it is referenced so the City can take measures to contain or reduce unaccounted water. Councilmember Luna expressed his concern of the City losing electricity and asked if consideration was given to the potential need for a generation unit to propel the desalination plant, or would the City use groundwater in that event? Mr. Kentosh responded the City would use groundwater in that case. He said the groundwater wells have enough capacity to meet the City's demands without desalination as long as the City is not in a drought situation. Councilmember Crotzer asked for clarification on reclaimed water for agricultural uses. Mr. Kentosh responded if reclaimed water is supplied to agricultural users, they will do less groundwater pumping which would benefit the City. Councilmember Crotzer asked if a municipality has an impact over private landowners and their private water rights? Mr. Kentosh responded the City does not have leverage over private landowners whose property is outside the City limits. Councilmember Mullen asked for clarification on Measure G and the proposed option of selling the City's rights to State Water. City Attorney David Hunt responded his preliminary analysis is it may need to go back to the people for a vote to amend Measure G. MINUTES - SPECIAL MEETING - NOVEMBER 3, 1993 MORRO BAY CITY COUNCIL/PLANNING COMMISSION/WATER ADVISORY BOARD PAGE 3 • Commissioner Peters asked why Nacimiento water was not addressed as a recommendation since it was rated equal to State Water? Mr. Kentosh responded State Water is more cost-effective. He also said the combination of State Water, groundwater, and the desalination plant (as an emergency measure) will meet the City's water demands. Commissioner Melvin stated the report should address the analysis of water conservation by using native, drought -tolerant landscaping. Boardmember Haley asked for clarification on the desalination plant permit process? Mr. Crawford responded based on Council's decision at their December 13, 1993 meeting, staff will submit an application to the Coastal Commission in January and anticipates a response from the Coastal Commission by March or April 1994. Boardmember Lemons stated the State Water Project would have a more economic benefit to the City of Morro Bay on a long-term basis. Boardmember Kitzman asked why the sale of State Water was used as an option? Mr. Kentosh stated they were instructed to review all options available to the City. He said the contract between the City of Morro Bay and the County of San Luis Obispo allows for • amendments, and Measure G allows for another election or other measures to modify the contract. Boardmember Freeman asked what is the status on state permits for groundwater? Mr. Crawford responded the Attorney General sent the permits back to the Water Rights Division who is now reviewing the numbers involving groundwater. Mayor Yates opened the hearing for public comment. Charles Palmer stated the proposed growth rate is in excess of what is allowed by Measure F. He said based on 140 gallons per person per day, the city's groundwater will run out by 1997/98. Mr. Palmer said the City should consider a floating per capita consumption keeping conservation in mind. He stated Boyle Engineering will benefit in the use of the desalination plant. Ernie Miller stated there are too many "ifs" involved in the proposed Water Management Plan and requested the Council consider State Water as a long-term plan and maintain the desalination plant for emergency use. Bruce Risley suggested the consultant refer to an article in the latest issue of Scientific American regarding power industries that require lower operating costs; he also suggested they consult with PG&E regarding the long-range potential costs for • operating the desalination plant. MINUTES - SPECIAL MEETING - NOVEMBER 3, 1993 MORRO BAY CITY COUNCIL/PLANNING COMMISSION/WATER ADVISORY BOARD PAGE 4 • The meeting adjourned at 7:50 p.m. and returned at 8:10 p.m. to the Destination 2000 goals report workshop. Recorded by: Bridgett Davis City Clerk • NOT = C E OF S P E C = AL MEET = NG NOTICE IS HEREBY GIVEN that a Special Joint Meeting of the Morro Bay City Council and Planning Commission is hereby called to be held on November 3, 1993 at 6:00 p.m. to discuss the Destination 2000 Plan and the Water Management Plan in the Veterans Memorial Building, 209 Surf Street, Morro Bay, California. A Special Joint Meeting of the Morro Bay City Council and Planning Commission is hereby called to be held on November 17, 1993 at 6:00 p.m. to discuss the Water Management Plan in the Veterans Memorial Building, 209 Surf Street, Morro Bay, California. • DATED: October 29, 1993 WILLIAM YATES, Ma o City of Morro Bay alifornia is 0 n U ��A6 NOT = C E O F S P E C 2 AL MEET = NG NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on November 3, 1993 at 5:15 p.m. to appoint members to the Water Advisory Board in the City Hall Conference Room, 595 Harbor, Morro Bay, CA. • DATED: IVY ' I I `9�) WILLIAM YATES, M or City of Morro BaN California 1f ` City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION - OCTOBER 25, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION ♦ FRANK SMITH PROPERTIES V. CITY OF MORRO BAY REGULAR MEETING - OCTOBER 25, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL OMENT OF SILENCE EDGE OF ALLEGIANCE - VFW POST 11097 IGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF SEPTEMBER 13, 1993 A-2 WATER STATUS REPORT A-3 STATEMENT OF CASH AND INVESTMENTS - SEPTEMBER 1993 A-4 EXPENDITURE REPORT - SEPTEMBER 1993 5 PROCLAMATION DECLARING NOVEMBER 1993 AS "HOSPICE MONTH" A-6 PROCLAMATION DECLARING OCTOBER 23-31, 1993 AS "RED RIBBON WEEK" 1 0-7 CLAIM REJECTION — ROBERT AND, PAUL DOBSON A-8 CONSIDERATION OF APPROVING, DESTRUCTION OF CERTAIN CITY RECORDS: DIAL — A —RIDE TICKET STUBS (RESOLUTION NO. 97-93) zo10131 -0 ' B-1 CONSIDERATION OF CONFIRMING IMPLEMENTATION AND RE —AFFIRMATION OF GENERAL PLAN AND LOCAL COASTAL PLAN POLICIES AND PROGRAMS RELATED TO SUBDIVISION AND RESOURCES (RESOLUTION NO. 94-93) C-1 STATUS REPORT ON CITY ADVISORY BOARDS D. pUBLIC HEARINGS, REPORTS & APPEARANCES D-1 CONSIDERATION OF AUTHORIZING UNDER CERTAIN CONDITIONS NON —CONFORMING MOORING LOCATION OCCUPIED BY SANDAL MAKARA (RESOLUTION NO. 98-93) D-2 CONSIDERATION OF APPROVAL OF AGREEMENT FOR EXPANDED CURBSIDE RECYCLING SERVICES AND RELATED RATE INCREASES AND AMENDMENTS TO EXISTING SOLID • WASTE AND CURBSIDE RECYCLING CONTRACTS (RESOLUTION NO. 88-93) D-3 CONSIDERATION OF TRANSFER OF OWNERSHIP OF PROPERTY RELATED TO THE RESIDENTIAL WAITING LIST AND WATER EQUIVALENCY UNIT CREDITS ON A PROPERTY (RESOLUTION NO. 100-93 AND INTRODUCTION/FIRST READING OF ORDINANCE NO. 433) D-4 STATUS REPORT REGARDING IMPLEMENTATION OF FEDERAL CABLE TELEVISION CONSUMER PROTECTION ACT AND COMPETITION OF 1992 AND RELATED LOCAL REGULATORY AUTHORITY F COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - OCTOBER 25, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:19 p.m. PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Forrest Hender$on City Administrator David Hunt City Attorney E. CLOSED SESSION MOTION: Councilmember Luna moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. • The meeting adjourned to Closed Session at 5:19 p.m. and returned to regular session at 5:32 p.m. F. MOTION: Councilmember Luna moved the meeting be adjourned. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) The meeting adjourned at 5:32 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 25, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. :• PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 25, 1993 PAGE 2 • ABSENT: None STAFF: Forrest Henderson David Hunt Rick Algert Jon Crawford Bridgett Davis Don Funk Jeff Jones Joe Loven Jo L. Merriman led the Pledge of Allegiance. Votey, City Administrator City Attorney Harbor Director Public Works Dir. City Clerk Comm. Dev. Dir. Fire Chief Acting Police Chief Jack Curry delivered the "Lighten Up" for this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates announced he attended the League of California Cities Annual Conference along with City Administrator Forrest Henderson and City Attorney David Hunt. Mayor Yates announced he will be responding to the article written • in the New Times regarding special needs being met at the Community Development Department. Mayor Yates announced the City received a settlement of $243,000 for the Laurel Street lawsuit. Mayor Yates announced there were 43,000 in attendance at the Harbor Festival this year. City Attorney David Hunt reviewed the following cases: ♦ Frank P. Smith Properties Inc. v. City of Morro Bay - arbitrator's decision found the City not at fault; ♦ Elster v. Luna - a Motion for Summary Judgment granted. Councilmember Mullen, as a member of the Economic Opportunity Commission, stated there is an opening on the EOC board and applications are available through EOC. Councilmember Mullen stated October is designated by the California State Legislature as "Breast Cancer Awareness Month" in support of funding for education and research. Councilmember Luna announced Santa Claus will be coming to town December 4, 11, and 18, 1993. • Councilmember Luna announced he is working on coordinating a county -wide gang task force. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 25, 1993 PAGE 3 • Mayor Yates announced City policy does not allow for signs to be displayed during public hearings. PUBLIC COMMENT Jo L. Merriman urged every registered voter to vote on November 2, 1993. Ed Smith announced Lions Club International is celebrating "National Sight Week" November 2-7, 1993. Charles Palmer requested Council allow him agenda time at the November 8, 1993 City Council meeting. Ed McCracken stated the Governor of Nevada issued a proclamation setting aside a "Federal Non -Funded Mandate Day". Roger Ewing asked Council consider the use of natural gas as an alternative fuel rather than electricity to reduce costs and pollutants if desalination is chosen as the City's main source of water. Mr. Ewing also stated an initiative will be required to sell the City's claim to State Water if desalination is chosen as the City's main source of water. • DECLARATION OF FUTURE AGENDA ITEMS - None. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF SEPTEMBER 13. 1993 Mr. Henderson recommended Council approve the minutes of September 13, 1993. A-2 WATER STATUS REPORT Mr. Henderson recommended Council receive the report for information and file. A-3 STATEMENT OF CASH AND INVESTMENTS - SEPTEMBER 1993 Mr. Henderson recommended Council approve the Statement of Cash and Investments as submitted. A-4 EXPENDITURE REPORT - SEPTEMBER 1993 • Mr. Henderson recommended Council approve the Expenditure Report as submitted. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 25, 1993 PAGE 4 • A-5 PROCLAMATION DECLARING NOVEMBER 1993 AS "HOSPICE MONTH" Mr. Henderson recommended Council adopt the Proclamation declaring November 1993 as "Hospice Month". A-6 PROCLAMATION DECLARING OCTOBER 23-31, 1993 AS "RED RIBBON WEEK„ Mr. Henderson recommended Council adopt the Proclamation declaring October 23-31, 1993 as "Red Ribbon Week". A-7 CLAIM REJECTION - ROBERT AND PAUL DOBSON Mr. Henderson recommended Council reject the claim of Robert and Paul Dobson. A-8 CONSIDERATION OF APPROVING DESTRUCTION OF CERTAIN CITY RECORDS: DIAL -A -RIDE TICKET STUBS (RESOLUTION NO. 97-93) Mr. Henderson recommended Council approve Resolution No. 97-93 authorizing the destruction of old Dial -A -Ride tickets. MOTION: Councilmember Unger as submitted. The • Luna and unanimously B. UNFINISHED BUSINESS • moved to approve the Consent Calendar motion was seconded by Councilmember carried. (5-0) Community Development Director Don Funk reviewed Resolution No. 94- 93 which Council modified at their October 11, 1993 meeting. This resolution clearly identifies the Council's interpretation of the General Plan and Local Coastal Plan policies and programs which prohibit subdivision approvals where there are inadequate water resources to meet the needs of that subdivision. Councilmember Unger suggested changes to Finding No. 1 of the resolution. Mayor Yates asked the City Attorney if the revisions to Finding No. 1 are consistent with the General Plan? City Attorney David Hunt responded the revisions seem to be consistent with the General Plan. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 25, 1993 PAGE 5 . Mayor Yates stated he is unable to support the revision which requires Coastal Commission approval of the Water Management Plan. He said he supports the General Plan which states the City should adopt a Water Management Plan and submit it to the Coastal Commission. Councilmember Mullen stated this action is the Council's statement to the other Commissions to reiterate the Council's policy position. MOTION: Councilmember Mullen moved to adopt Resolution No. 94-93 with the amended language to Finding No. 1. The motion was seconded by Councilmember Luna and carried with Mayor Yates voting no. (4-1) C. NEW BUSINESS City Administrator Forrest Henderson reviewed the vacancies on various advisory boards in the City and recommended Council direct staff to advertise to fill all positions currently vacant and those expiring December 31, 1993.. Mayor Yates asked for clarification on the advertising effort. Mr. • Henderson responded as vacancies occur the City has taken out a short ad on those particular vacancies. Mr. Henderson stated he would like to take out a more comprehensive ad this time listing all vacancies in one ad so that residents who read the ad and are interested will have choices they can pursue. Mayor Yates stated the City needs a more creative way to get citizen involvement. Mr. Henderson stated along with the ads, notification could be placed on the utility bills, as well as PSA's on the radio. Councilmember Crotzer stated he would like the alternative of not waiting the two months to advertise the vacant positions; solicit people to participate now and fill the positions during the interim. Mayor Yates stated he supports the idea of two terms; however, if applications are not received to fill the vacancies he will support extending the terms. Councilmember Mullen stated she would like the Water Advisory Board positions filled now and assign them with a four-year term beginning January 1, 1994. She agreed with advertising the rest of the vacancies. Councilmember Mullen suggested having an "Open House Night" with the boards all represented; people could meet . current committee members and each committee could develop a display of what their respective committees and commissions do and u • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 25, 1993 PAGE 6 their commitments. serve longer than involved and recruit She stated she two-year terms new ideas. opposes allowing members to in order to get new people Councilmember Unger stated she would like to see the Water Advisory Board and Planning Commission positions filled now. She asked for clarification on the rules and regulations of contacting people to serve on boards and commissions. Mr. Henderson responded anyone interested in serving on a committee should pick up an application and submit it to the Personnel Department at City Hall. Councilmember Luna said he is opposed to changing Policy #4 extending the term limitations. He said it is important to have an exchange of new people filling the positions. Councilmember Luna said he approves of filling the Water Advisory Board positions now. Mr. Henderson stated the City has received five applications for the seven -member Municipal Code Ad -Hoc Committee; and two applications were received for the five member Mobilehome Rent Review Board. Councilmember Luna stated the selection process of the Destination 2000 Committee was protracted an additional three months because of lack of interest in applicants; however, in the long run, the sub- committee received approximately 25 applications for the ten positions. He said it may take more time to get more people interested in serving on the various committees and boards. Mayor Yates announced the various vacancies on City boards and committees and encouraged public participation. No action was taken on this item. Mayor Yates called for a break at 7:05 p.m.; the meeting resumed at 7:20 p.m. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 CONSIDERATION OF AUTHORIZING UNDER CERTAIN CONDITIONS NON- CONFORMING MOORING LOCATION OCCUPIED BY SANDAL MAKARA (RESOLUTION NO. 98-93) Harbor Director Rick Algert reviewed the report and stated in February 1993, Council approved some changes to the new liveaboard ordinance and reviewed a proposed resolution that would have brought Mr. Makara's mooring into code compliance under certain conditions; Council referred the proposed resolution to the Harbor Advisory Board for review and recommendation. Mr. Algert stated the Harbor Advisory Board felt the proposed authorization of Mr. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 25, 1993 PAGE 7 • Makara's mooring location to be acceptable if Mr. Makara is required to pay fees, comply with the liveaboard regulations, and maintain mooring and tackle as other harbor users are required to do. Mr. Algert stated presently, Mr. Makara's mooring is not in a designated area, he pays no fees for the mooring and the mooring gear and equipment do not meet the specifications of the City and are in violation of Morro Bay Municipal Code 15.28.010. Mr. Algert recommended Council adopt Resolution No. 98-93 designating the non -conforming mooring. Mayor Yates opened the hearing for public comment. The following people spoke in support of Mr. Makara: Ed Smith, Steve Rebuck, Charles Palmer, Bob Dixon, and Mary Lazere. The following people opposed the designation of Mr. Makara's mooring: Neil Mattson and Larry Shears. Ann Calhoun stated most cities have grandfather clauses to allow for exceptions when rules and regulations change. Mayor Yates closed the hearing for public comment. • Mayor Yates stated he supports Sandal Makara based on his efforts on behalf of public safety and welfare of the bay. Councilmembers Luna and Unger stated the Liveaboard Ordinance should apply to everyone. Councilmember Mullen stated she supports Sandal Makara based on his agreement to pay mooring fees, meet the requirements of the Liveaboard Ordinance, and avoid using profanity on the radio. Councilmember Unger asked if Mr. Makara's boat is a houseboat? Mr. Algert responded a houseboat is unable to make way under its own power; Mr. Makara's vessel has power, he chooses not to use it. Councilmember Unger asked how Mr. Makara disposes his waste? Mr. Algert responded he removes it on shore at a public facility. Councilmember Crotzer stated he supports staff recommendations. He said Mr. Makara's willingness to meet the requirements of the ordinance is a compromise to be able to remain in the bay. MOTION: Mayor Yates moved to approve Resolution No. 98-93 with direction to the Harbor Director that Sandal Makara be required to pay mooring fees, meet City standards for mooring tackle and gear, and inspections can be made at • Mr. Makara's vessel. The motion was seconded by Councilmember Crotzer. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 25, 1993 PAGE 8 • City Attorney David Hunt suggested the resolution be amended to reflect the intent of the inspection. MOTION: Mayor Yates amended his motion that Resolution No. 98-93 be approved including the amended language. The motion was seconded by Councilmember Crotzer and carried by roll call vote with Councilmember Luna and Councilmember Unger voting no. (3-2) 1 • � _ 1 :_• _ • � • _ ' 1 • • _ ._4 _ _ •��E:i]ahi]�i�Z�l1S��'�t)_ Public Works Director Jon Crawford reviewed the Curbside Recycling Franchise Agreement with ECOSLO, and related changes to the solid waste collection rates, Solid Waste Franchise Agreement, and Interim Curbside Recycling Franchise Agreement with Morro Bay Garbage. Mr. Crawford recommended Council adopt Resolution No. 88-93 approving a Curbside Recycling Franchise Agreement with ECOSLO and related increases to solid waste collection rates; adopt Resolution No. 89-93 approving an amendment to the Solid Waste Franchise • Agreement with Morro Bay Garbage Service increasing the franchise fee paid to the City; and adopt Resolution No. 90-93 approving an amendment to the non-exclusive Interim Curbside Recycling Franchise Agreement with Morro Bay Garbage Service establishing a new termination date and providing for the collection of Christmas trees in January 1994. Mayor Yates opened the hearing for public comment. John Ewan, Sandy Singreson, and Ron Villareno, representatives from ECOSLO, reviewed the company's liability insurance and services they will be providing. Charlie Cattaneo, President of Morro Bay Garbage Service, stated ECOSLO's proposal costs more for less services than what is offered by Morro Bay Garbage Service. Terry Schubert, attorney representing Morro Bay Garbage Service, stated Council has not been presented with an "apples to apples" contract; he said many of the costs and services to be provided in the Morro Bay Garbage Service contract are not accounted for in the staff report. The following people supported the approval of the Curbside Recycling Franchise Agreement with ECOSLO: Felicia Anderson, Justin Gruenwold, Scott Froittale, Jason Snyder, Amber Ramage, Wes Bennicut, Tom Nepher, Holly Hansen, Ann Freeman, Charlie Peryess, MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 25, 1993 PAGE 9 • Ray McGelligott, Bea Rohan, Sawyer Fuller, Valerie Ascunsion, Barry Dorfmann, Shoosh Crotzer, Roger Ewing, Bill Whipple, Steve Auslandis, Linna Thomas, Ed McCracken, and John Hessler. The following people opposed the approval of the Curbside Recycling Franchise Agreement with ECOSLO: Ernie Miller, Ed Smith, Suedene Nelson, Jack Curry, John Lemons, Chuck Clarke, Arby Kitzman, Frank St. Denis, Bill Stafford, Charles Palmer, Carla Main, Bill DeCarolis, Nancy Smith, and Bob Luellyn. Mayor Yates closed the hearing for public comment. Mayor Yates called for a break at 9:55 p.m.; the meeting resumed at 10:10 p.m. Councilmember Unger addressed student participation. She said she does not support ECOSLO's proposal because it does not make sense financially. Councilmember Unger stated ECOSLO lacks in their approach in management and operations and Morro Bay Garbage Service has more experience. Councilmember Mullen stated'she supports ECOSLO's proposal based on sustainability and providing a program for student participation. Councilmember Crotzer stated he supports ECOSLO's proposal based on • student involvement in the community. Councilmember Luna stated he also supports ECOSLO's proposal based on student involvement in the community. Mayor Yates stated he is a proponent for youth activities; however, he does not support ECOSLO's proposal based on the cost and services proposed. MOTION: Councilmember Luna moved to adopt Resolution No. 88-93 approving a Curbside Recycling Franchise Agreement with ECOSLO and related increases to solid waste collection rates. The motion was seconded by Councilmember Crotzer and carried with Councilmember Unger and Mayor Yates voting no. (3-2) MOTION: Councilmember Luna moved to adopt Resolution No. 89-93 approving an amendment to the Solid Waste Franchise Agreement with Morro Bay Garbage Service increasing the franchise fee paid to the City. The motion was seconded by Councilmember Crotzer and carried with Councilmember Unger and Mayor Yates voting no. (3-2) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 25, 1993 PAGE 10 • MOTION: Councilmember Luna moved to adopt Resolution No. 90-93 approving an amendment to the non-exclusive Interim Curbside Recycling Franchise Agreement with Morro Bay Garbage Service establishing a new termination date and providing for the collection and diversion of Christmas trees in January 1994. The motion was seconded by Councilmember Crotzer and carried with Councilmember Unger and Mayor Yates voting no. (3-2) D-3 CONSIDERATION OF TRANSFER OF OWNERSHIP OF PROPERTY RELATED TO THE RESIDENTIAL WAITING LIST AND WATER EQUIVALENCY UNIT CREDITS ON A PROPERTY (RESOLUTION NO. 100-93 AND INTRODUCTION/FIRST READING OF ORDINANCE NO, 433) Community Development Director Don Funk recommended Council approve Resolution No. 100-93 revising the requirements for the Residential Waiting List to allow transfers of properties on the list to new owners and to allow those new owners to retain the original owners' position on the list. He introduced Ordinance No. 433 for first reading; this ordinance allows the transfer of properties which have received water equivalency unit credits through a retrofit program. Councilmember Unger addressed some errors in the resolution. • Councilmember Mullen asked for clarification on the retroactive date of the ordinance. City Attorney David Hunt clarified the ordinance is capable of establishing retroactivity when it references a previously expressed position of the Council; this was done by Council on September 27, 1993. Mayor Yates opened the hearing for public comment. Ned Rogoway stated he represents property owners who would like the right to transfer their position on the list to their heirs. Charles Palmer stated the City should not charge a fee before water is allocated. Mayor Yates closed the hearing for public comment. Councilmember Mullen stated she supports the $30 transfer fee, and the $25 non-refundable fee to be placed on the list. Mr. Hunt said Section 1 of the resolution needs clarification regarding transfers. Councilmember Crotzer stated the resolution should address the property owner and not the lot on the waiting list. • Mayor Yates stated he supports the $25 fee to be placed on the list. • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 25, 1993 PAGE 11 MOTION: Councilmember Mullen moved to approve Resolution No. 100- 93 with amendments to Section 1 and Section 3. The motion was seconded by Councilmember Luna and carried with Councilmember Crotzer voting no. (4-1) MOTION: Councilmember Mullen moved to have Ordinance No. 433 read by title and number only. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) City Administrator Forrest Henderson read Ordinance No. 433 by title and number. MOTION: Councilmember Mullen moved to accept Ordinance No. 433 for first reading. The motion was seconded by Councilmember Luna and carried with Councilmember Crotzer voting no. (4-1) • ' • ; :_:_� _ � w • _ �Y �2Y�2sV�{�72��I�N_�l�l�?_�ia�it�7alB�!_ MOTION: Councilmember Crotzer moved to continue this item. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Mayor Yates opened the hearing for public comment. Leabah Winter asked how citizens TV? Mike Upton stated there is he can provide to the public. file complaints with Sonic Cable a federal complaint form 329 that Mayor Yates closed the hearing for public comment. F. MOTION: Councilmember Mullen moved the meeting be adjourned. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) The meeting adjourned at 11:07 p.m. Recorded by: BRIDGETT DAVIS City Clerk E N 3 R q3 • NOT = C E OF SPEC = AL MEET = NG NOTICE IS HEREBY GIVEN that a Special Joint Meeting of the Morro Bay City Council and Planning Commission is hereby called to be held on Thursday, October 21, 1993 and Wednesday, November 3, 1993 at 7:00 P.M. in the Veterans Memorial Building, 209 Surf Street, Morro Bay, California to discuss the Destination 2000 Outreach Program. DATED: OCTOBER 18, 1993 . n -n WILLIAM YATES, May r City of Morro Bay, C lifornia sk- • MINUTES - MORRO BAY CITY COUNCIL/PLANNING COMMISSION SPECIAL MEETING - OCTOBER 21, 1993 VETERANS MEMORIAL BUILDING - 7:00 P.M. Mayor Yates called the meeting to order at 7:00 p.m. Jo L. Merriman led the pledge of allegiance. CITY COUNCIL PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember PLANNING COMMISSION PRESENT: Charles Reasor Chairman Janice Peters Planning Commissioner Henry Garcia Planning Commissioner STAFF PRESENT: Forrest Henderson City Administrator Don Funk Community Development Bridgett Davis City Clerk • DESTINATION 2000 COMMITTEE MEMBERS PRESENT: Ric Deschler Committee Member Karen Bergher Committee Member Councilmember Luna reviewed the establishment of the Destination 2000 Committee. Mayor Yates opened the meeting for public input. Jo L. Merriman asked for clarification on Items D and E. Destination 2000 Committee member Ric Deschler responded Item D is suggested to maintain and protect the dune stabilization and vegetation programs; and Item E is suggested to maintain the Rock area in a rustic setting. Beverly Hardy stated the preservation of the Morro Bay Museum of Natural History needs to be added to the goals report. Arby Kitzman stated the report is too broad and needs to be more focused in order to accomplish the proposed goals. He said the negative business climate for new businesses locating in Morro Bay needs to be addressed. Mayor Yates and Councilmember Mullen • responded the City is working on improving City relations with the public. • MINUTES - MORRO BAY CITY COUNCIL/PLANNING COMMISSION SPECIAL MEETING - OCTOBER 21, 1993 PAGE 2 Craig Campbell stated marine -oriented opportunities should be emphasized in the City. He suggested the following improvements: locate a boat launch ramp across from Coleman Park, extend a bridge to connect Highway 41 to the Embarcadero, and place a dock by Tidelands Park. Mayor Yates and Councilmember Mullen clarified the Waterfront Specific Plan addresses these issues and encouraged Mr. Campbell's input at those public workshops. Chairman Reasor stated lease sites should be used for water - related industries. He also added the Rock area should be left in its natural state. II. PROVIDE SEVSIT11"t, HARBOR AND WATERFRONT 0 Al Paul, member of the Waterfront Development Committee, referred to Item G stating the Committee plan included moving the vehicular traffic behind Coleman Park so that users of Coleman Park would have access to the beach without competing with traffic. Ed Smith stated Coleman Park always seems to be deserted and needs improvements to attract people. Chairman Reasor referred to Item E stating North Morro Bay needs businesses that will serve the local neighborhoods. Councilmember Mullen stated North and Central Morro Bay are ideal locations for small industrial businesses. She also said a Redevelopment Agency needs to be addressed. Chairman Reasor stated a Redevelopment Agency needs to be entered into very cautiously in order to keep local government simplified. Councilmember Mullen stated a Redevelopment Agency could provide the City the potential to fund some of the goals the City cannot afford to do now. Mayor Yates called for a break at 8:00 p.m.; the meeting resumed at 8:15 p.m. IV. ATTRACT A SELECT GROUP OF ENVIRONMENTALLY CONSCIOUS FUTURE ORIENTED COMPANIES Councilmember Luna stated establishing a permanent Economic Advisory Committee is an important goal. • Mayor Yates stated a Med Stop is needed in Morro Bay. • MINUTES - MORRO BAY CITY COUNCIL/PLANNING COMMISSION SPECIAL MEETING - OCTOBER 21, 1993 PAGE 3 Councilmember Unger stated incentives are needed for local businesses. Mr. Henderson responded staff would like to encourage businesses to come into the City by streamlining requirements needed for those businesses. Mayor Yates stated he is a proponent of having a Economic Development person funded by the City but not employed by the City to attract businesses to come to Morro Bay. Mr. Henderson stated he was aware of a city that had an Economic Development Director who was placed under the auspices of the Chamber of Commerce. He said it was their specific function to recruit businesses to come in that would be in harmony with the community and also to help the existing businesses to maintain and succeed. Craig Campbell addressed Item B stating the City should be cautious with future -oriented businesses. Councilmember Mullen stated the title of this goal should be clearer regarding the size of future -oriented businesses that would suit Morro Bay's needs. Ed Smith stated the City needs service -oriented businesses that serve the seniors in the community. • Chairman Reasor stated Council needs to take an inventory of businesses in Morro Bay and decide what type of business is needed to serve the community. Commissioner Peters stated the City could use another movie theater in Morro Bay. V. MARKET MORRO BAY Beverly Hardy, citizen, Tom Mayer and Ann Dancero - SLO County Health Department expressed their support in promoting Morro Bay as a non-smoking city. Carol Grant, SLO County Tobacco Control Coalition, read excerpts from reports on smoking hazards. Al Paul stated a person should have the right to smoke. Chairman Reasor stated the decision of creating a non-smoking environment should not be considered as taking a right to smoke away. He said it is a request not to smoke for a short duration for the benefit of those who do not smoke. • MINUTES - MORRO BAY CITY COUNCIL/PLANNING COMMISSION SPECIAL MEETING - OCTOBER 21, 1993 PAGE 4 • VI. MAINTAIN MORRO BAY AS A TOURIST HAVEN Councilmember Luna stated improved accessways in natural areas are needed to accommodate the handicap. Arby Kitzman stated bed tax revenue should be used to attract tourists. VII. ENCOURAGE AND DEVELOP FACILITIES AND SENIORS Councilmember Luna stated a goal to create partnerships between the business community and high school students for job opportunities is needed. Commissioner Peters encouraged live theater in Morro Bay. Councilmember Luna asked for clarification on Items D and G. Ric Deschler responded Item D addresses irregular parking in residential zones; Item G addresses various areas that were zoned thirty years ago which need to be re-evaluated. • Chairman Reasor stated lots that are sub -standard need to be re- evaluated. He said parking in North Morro Bay needs to be addressed. Ed Smith recommended placing zoning lines down the middle of City blocks. Councilmember Crotzer stated the joint use of residential/ business structures could increase density, create better security, and provide affordable housing in Morro Bay. Craig Campbell stated the City needs an industrial park that has ample power available; he said this should not be located in a residential area. - ` • - - -`Our Chairman Reasor addressed Item E and expressed the importance to implement an optional, city-wide emergency assistance fee that enables any resident to pay a minimal annual fee that will entitle them to free paramedic and ambulance service. Councilmember Crotzer addressed Item A stating it should include bikeways. Councilmember Mullen recommended adding the maintenance of the • library mural under the second set of objectives. MINUTES - MORRO BAY CITY COUNCIL/PLANNING COMMISSION SPECIAL MEETING - OCTOBER 21, 1993 PAGE 5 • Craig Campbell stated a product called "defender" which is used to remove graffiti will clean the mural. Councilmember Luna stated this would be an appropriate area to add improvement to public access in natural areas for the disabled. Jo L. Merriman stated the tall buildings along the Embarcadero takes away from the enjoyment of viewing the bay. He also said Morro Bay needs a clothing store. The meeting adjourned at 9:42 p.m. Recorded by: Bridgett Davis City Clerk • • City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION - OCTOBER 11, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION ♦ STATUS REPORT ON ALL PENDING LITIGATION ♦ MORRO BAY V. PRICE, SAN LUIS OBISPO SUPERIOR COURT ♦ ADI V. CITY OF MORRO BAY, AMERICAN ARBITRATION ASSOCIATION E-2 GOVERNMENT CODE §54956.9(C), SIGNIFICANT EXPOSURE TO LITIGATION POTENTIAL LITIGATION REGARDING THE MIMOSA STREET ASSESSMENT DISTRICT AS THREATENED BY MR. AND MRS. PAUL PRICE E-3 GOVERNMENT CODE §54957, PERSONNEL REGULAR MEETING - OCTOBER 11, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & AN PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. 1 0. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF AUGUST 23, 1993; AND SPECIAL MEETING OF SEPTEMBER 15, 1993 A-2 COMPLETION OF PROJECT NO. PW 92-03; NORTH T-PIER FIRE SPRINKLER SYSTEM A-3 RESOLUTION NO. 91-93: DESIGNATION OF 900 BLOCK OF MORRO BAY BOULEVARD AS TWO-HOUR ON -STREET PARKING ZONE A-4 RESOLUTION NO. 87-93: APPROVAL OF ANNUAL CLAIM FOR STATE TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FY 1993/94 A-5 RESOLUTION NO. 92-93: SUPPORTING PASSAGE OF PROPOSITION 172 A-6 APPROVAL OF PLANS AND SPECS AND AUTHORIZATION TO CALL FOR BIDS ON FISHERMEN'S GEAR STORAGE FACILITY A-7 CLAIM REJECTION - JANET BRIGHT A-8 CLAIM REJECTION - IMELDA SIMEK 41 UNFINISHED BUSINESS NONE C. NEW BUSINESS C-1 STATUS REPORT ON REVISION TO TREE ORDINANCE (PUBLIC RIGHT-OF-WAY PORTION) C-2 STATUS REPORT ON TROLLEY PROPOSAL (COUNCILMEMBER LUNA) C-3 RESOLUTION NO. 93-93: REVIEW OF AGREEMENT REGARDING USE OF MORTGAGE CREDIT CERTIFICATES AND ADMINISTRATION OF THE PROGRAM BY THE SAN LUIS OBISPO HOUSING AUTHORITY C-4 REVIEW AND DISCUSSION OF CITY OF MORRO BAY RECYCLING POLICIES C-5 CONSIDERATION OF FUNDING FOR MUNICIPAL HOLIDAY DECORATIONS FOR DOWNTOWN C-6 REQUEST TO ESTABLISH DATES FOR JOINT CITY COUNCIL/PLANNING COMMISSION WORKSHOP ON WATER MANAGEMENT PLAN C-7 CONSIDERATION OF LEAGUE OF CALIFORNIA CITIES' RESOLUTIONS FOR 1993 VOTING DELEGATE 0 2 0. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 CITIZEN REQUEST FOR AGENDA TIME (MARY PHILLIPS) D-2 APPROVAL OF AGREEMENT FOR EXPANDED CURBSIDE RECYCLING SERVICES; APPROVAL OF AMENDMENTS OF EXISTING SOLID WASTE CONTRACT; AND ADOPTION OF RATE INCREASE TO SUPPORT THE PROGRAM (CONTINUED TO OCTOBER 25, 1993 CITY COUNCIL MEETING) D-3 RESOLUTION NO. 94-93: ADOPTION OF PROVISIONS TO ENSURE THAT GENERAL PLAN POLICIES AND LOCAL COASTAL PLAN POLICIES RELATED TO SUBDIVISIONS ARE MET F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT • COST. 3 • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - OCTOBER 11, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:20 p.m. PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Forrest Henderson City Administrator David Hunt City Attorney E. CLOSED SESSION MOTION: Councilmember Crotzer moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. • The meeting adjourned to Closed Session at 5:20 p.m. and returned to regular session at 5:50 p.m. F MOTION: Councilmember Mullen moved the meeting be adjourned. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 11, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember • Ahnawake Unger Councilmember MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 11, 1993 PAGE 2 • ABSENT: None STAFF: Forrest Henderson City Administrator David Hunt City Attorney Jon Crawford Public Works Dir. Bridgett Davis City Clerk Don Funk Comm. Dev. Dir. Dave Howell Police Chief Jeff Jones Fire Chief Andrea Lueker Int. Rec.&Parks Dir. Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Suedene Nelson delivered the "Lighten Up" for this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Councilmember Mullen announced the San Luis Obispo Council of Governments and Solid Waste Task Force will be holding a meeting in November to preview the final joint powers agreement regarding solid waste and recycling for the County. • PUBLIC COMMENT Leabah Winter and Barry Dorfmann addressed Council on the Morro Bay Municipal Code regarding animal regulations and asked Council to consider adopting an ordinance relating to the types of household pets allowed in Morro Bay, more specifically pot -belly pigs. Mary Phillips shared information with Council regarding the American Disability Act. Mary Ann Netto addressed Council regarding the problems her family is having with the sale of their mobilehome located in the Cypress Trailer Park. City Administrator responded he will meet with Ms. Leto to help rectify the problem. Nina Litvinoff addressed Council regarding structures under construction in Morro Bay that do not meet City code. Councilmember Mullen stated the Planning Commission will be holding a public workshop regarding the review of Title 17 of the Morro Bay Municipal Code in November, and encouraged Ms. Litvinoff to attend and voice her concerns. Lily Collier addressed Council with a concern her neighbor is encroaching on her property. Community Development Director Don Funk responded this situation is a civil dispute between the property owners which does not involve the City's Code Enforcement Officer. He •said one way to resolve the problem is for the property owners to have the property surveyed. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 11, 1993 PAGE 3 • DECLARATION OF FUTURE AGENDA ITEMS Councilmember Mullen requested an item be agendized addressing the language amending animal regulations to allow pigmy animals as household pets. Councilmember Mullen requested an item be agendized regarding the status on the City's compliance with the American Disability Act. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF AUGUST 23, 1993; AND SPECIAL MEETING OF SEPTEMBER 15, 1993 Mr. Henderson recommended Council approve the minutes of August 23, 1993 and September 15, 1993. A-2 COMPLETION OF PROJECT NO. PW 92-03; NORTH T-PIER FIRE SPRINKLER SYSTEM •Mr. Henderson recommended Council accept the project as complete on behalf of the public and authorize recordation of a Notice of Completion. A-3 RESOLUTION NO. 91-93: DESIGNATION OF 900 BLOCK OF MORRO BAY BOULEVARD AS TWO-HOUR ON -STREET PARKING ZONE Mr. Henderson recommended Council adopt Resolution No. 91-93 designating the 900 block of Morro Bay Boulevard as a two-hour on - street parking zone. A-4 RESOLUTION NO. 87-93: APPROVAL OF ANNUAL CLAIM FOR STATE TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FY 1993/94 Mr. Henderson recommended Council adopt Resolution No. 87-93 approving the City of Morro Bay's Transportation Development Act claim for Fiscal Year 1993/94 and authorizing the City Administrator to sign the necessary claim documents. A-5 RESOLUTION NO. 92-93: SUPPORTING PASSAGE OF PROPOSITION 172 Mr. Henderson recommended Council adopt Resolution No. 92-93 supporting the passage of Proposition 172 on the November 1993 state ballot. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 11, 1993 PAGE 4 • A-6 APPROVAL OF PLANS AND SPECS AND AUTHORIZATION TO CALL FOR BIDS ON FISHERMEN'S GEAR STORAGE FACILITY Mr. Henderson recommended Council approve the plans and specifications for the Fishermen's Gear Storage Facility and authorize staff to call for bids. A-7 CLAIM REJECTION - JANET BRIGHT Mr. Henderson recommended Council reject the claim of Janet Bright. A-8 CLAIM REJECTION - IMELDA SIMEK Mr. Henderson recommended Council reject the claim of Imelda Simek. Councilmember Crotzer pulled Item A-3 from the Consent Calendar. MOTION: Councilmember Unger moved to approve the Consent Calendar with the exception of Item A-3. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) A-3 RESOLUTION NO. 91-93: DESIGNATION OF 900 BLOCK OF MORRO BAY BOULEVARD AS TWO-HOUR ON -STREET PARKING ZONE Councilmember Crotzer stated the Street and Tree Committee reviewed • this item and did not agree with the proposal because that portion of Morro Bay Boulevard would be a common place to park for those who carpool. He said that entrance to Morro Bay needs to be more attractive. Mayor Yates stated he opposes this proposal because if the location is restricted, people will use another street to park their cars. Police Chief Dave Howell stated the Police Department has received numerous complaints regarding cars being advertised "for sale" at that location; it creates an unattractive entrance to Morro Bay. MOTION: Mayor Yates moved to table Resolution No. 91-93. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) B. NONE C. NEW BUSINESS MOTION: Mayor Yates moved to add Item C-A/l to the New Business Agenda for discussion. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 11, 1993 PAGE 5 • C-A/l ACCEPTANCE OF TRUST UNDER SANDRA PARKS' WILL City Attorney David Hunt reviewed the terms in the Will of Sandra Parks relating to a donation of $5,000 to the City to be used for tennis courts at Del Mar Park. Mr. Hunt recommended Council adopt Resolution No. 95-93 accepting fiduciary obligations under Sandra Parks' Will. MOTION: Councilmember Crotzer moved to adopt Resolution No. 95-93 accepting fiduciary obligations under Sandra Parks' Will and the Probate Matter of Estate of Sandra M. Parks, San Luis Obispo County Superior Court Case No. PR 022846. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) C-1 STATUS REPORT ON REVISION TO TREE ORDINANCE (PUBLIC RIGHT-OF-WAY PORTION) Public Works Director Jon Crawford reviewed the status of the Streets and Trees Committee consideration of revising the City's tree ordinance. Mr. Crawford recommended Council accept the report for information and file. No action was taken on this item. • C-2 STATUS REPORT ON TROLLEY PROPOSAL (COUNCILMEMBER LUNA) Councilmember Luna reviewed the status report on the trolley proposal. He said the purposes of establishing a trolley system in Morro Bay are: to tie in the Embarcadero and downtown business districts; mitigate parking and traffic problems experienced during tourist season; and enable residents and visitors to move around town without getting into their cars. Councilmember Luna said some of the primary factors influencing the operating costs are: travel distance of the route and the amount of time it takes to complete it; number of days and hours of operation; and associated depreciation costs. Councilmember Luna said the two potential options for funding the initial purchase of a trolley are grants and the City's parking in -lieu fee fund. Councilmember Luna had a three -fold recommendation: 1) purchase a used trolley by using a portion of the parking in -lieu fee fund; 2) attach a trolley fee to the cost of the annual business license renewal for those businesses within the affected area; and 3) annually operate the trolley from June through September, 16 days per month. Suedene Nelson, Director of Morro Bay Chamber of Commerce, stated the Economic Development Committee and Chamber Board of Directors support a trolley system. She said such a transportation system would help •alleviate air pollution, improve parking, and serve as an effective people -mover between the downtown business area and the Embarcadero. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 11, 1993 PAGE 6 Councilmember Crotzer asked if this will be a source of revenue for the City? Councilmember Luna said he sees the system as self- supporting before becoming a revenue source. Councilmember Mullen asked about using an electric trolley? Councilmember Luna responded Santa Barbara uses electric trolleys, and the problems they have are maintenance of the trolleys, the cost of training personnel to maintain them, and the extensive up -front costs to purchase a trolley (averaging $200,000). Councilmember Mullen stated she would like to see the City consider using alternative fuel to operate the trolley. Councilmember Mullen asked who will operate the trolley system? Councilmember Luna responded it is possible the City may be able to contract with the Mayflower Company who operates the City's Dial -A - Ride service. Councilmember Unger asked about rest stops. Councilmember Luna stated a cost analysis has not been prepared on rest stops, but it has been considered. Mayor Yates stated he supports Route 6 in the proposal; charging $1.00 •fee to ride the trolley; and running the trolley seven days per week between Memorial Day and Labor Day, and two or three days per week during the winter months. Councilmembers Crotzer, Mullen and Unger stated they support using a portion of the parking in -lieu fee funds as the proposal serves the purpose of supplying parking for people that don't have it on -site. Councilmember Unger asked if grants have been investigated? Councilmember Luna responded there are few grants available; however, they do not cover the full cost of the unit. Councilmember Luna stated he would like the trolley to be on-line by next summer. No action was taken on this item. Mayor Yates called for a break at 7:30 p.m.; the meeting resumed at 7:45 p.m. . I _._S_+ ceRVEI_'�._ D-1 CITIZEN REQUEST FOR AGENDA TIME (MARY PHILLIPS) Mary Phillips addressed Council regarding the following issues: • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 11, 1993 PAGE 7 • ♦ enforcement of building codes back to 1942; ♦ the grandfather clause as documented in law books, etc; ♦ the City of Morro Bay's own municipal code and ordinances; ♦ the discrimination and/or selectivity that is apparent to those who are adversely affected; ♦ the fact the disclosure statement by the agent who sold the Burud's house to the Rocha's was necessary; and ♦ the fact the City Council recognizes 1,000 non -conformities exist. Councilmember Mullen asked Mrs. Phillips if the permits mentioned were issued prior to 1984? Mrs. Phillips responded other than the permits taken out by the Buruds, the other permits were issued after 1984. Mayor Yates opened the hearing for public comment; there was no public comment and the public hearing was closed. Councilmember Unger asked if an illegal use can be grandfathered in? City Attorney David Hunt responded the concept of the grandfather clause is when a legal structure is changed by law, the structure itself will be grandfathered in. Mayor Yates stated past history allowed for non -conforming uses to occur; however, the posture of this City now is to not let that occur. •He said it would be counter -productive for the City to bring the existing non -conforming structures into compliance because it would be cost the City millions of dollars, and these structures make up the bulk of the City's low-income housing. Councilmember Crotzer stated sixty hours of staff time and ten hours of the City Attorney's time this fiscal year has been spent on this one case, which the citizens of Morro Bay are paying for. No action was taken on this item. Mayor Yates called for a break at 8:15 p.m.; the meeting resumed at 8:20 p.m. D-2 APPROVAL OF AGREEMENT FOR EXPANDED CURBSIDE RECYCLING SERVICES; APPROVAL OF AMENDMENTS OF EXISTING SOLID WASTE CONTRACT; AND ADOPTION OF RATE INCREASE TO SUPPORT THE PROGRAM Mayor Yates announced this item is being continued to the October 25, 1993 City Council meeting. He opened the hearing for public comment; there was no public comment and the public hearing was closed. No action was taken on this item. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 11, 1993 PAGE 8 • D-3 RESOLUTION NO. 94-93: ADOPTION OF PROVISIONS TO ENSURE THAT GENERAL PLAN POLICIES AND LOCAL COASTAL PLAN POLICIES RELATED TO SUBDIVISIONS ARE MET Community Development Director Don Funk reviewed the General Plan and Local Coastal Plan policy measures to ensure compliance as directed by Council on September 13, 1993. Mr. Funk recommended Council approve Resolution No. 94-93 establishing mandatory measures implementing and reaffirming the policies and programs related to resources and subdivisions contained in the General Plan and Local Coastal Plan. Councilmember Mullen stated she would like to review these policies after acceptance of the Water Management Plan. Councilmember Unger stated there are too many interpretations of Policy 3.03 and she would like that loop -hole closed. She said Finding #5 of Resolution No. 94-93 needs to be revised to clearly state the need for Coastal Commission approval of the Water Management Plan. Councilmember Luna stated the specific public facilities should be identified in the resolution. •Councilmember Crotzer stated Policy 3.03 is clear in its interpretation. Mayor Yates stated the interpretation of these policies should not be retroactive. Mayor Yates opened the hearing for public comment. Ned Rogoway, 150 Formosa, reviewed a letter sent to him by the City dated January 22, 1993 stating "there can be no development on this property (Cloister property) until the Water Management Plan is certified as an LCP amendment and the City certifies to the Executive Director of the Coastal Commission that water is available to serve the City and this project." He said the applications for the Cloister subdivision and Toro Point subdivision should never have been accepted by City staff for processing because of the policies Council directs staff to administer. Mr. Rogoway said Council should re -open the hearings on these projects. Mayor Yates closed the hearing for public comment. Councilmember Luna agreed with Mayor Yates that the resolution addresses too much, especially where it addresses the issues of fees and public facilities. He supports the issue of abiding by the laws of the General Plan and Land Use Plan. •Councilmember Unger stated the proposed resolution does not completely address the interpretation of these policies. n L I MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 11, 1993 PAGE 9 Councilmember Mullen reviewed her concerns with the resolution and said she could not support it as written. Councilmember Crotzer and Mayor Yates agreed the resolution requires refinement before adoption--and-new-deve+epment-shenld net-have-te-pep fer-t-reberr�&ittg-ef- inftasbruct4ire. Councilmember Crotzer stated City Attorney David Hunt clarified there are no applications for subdivisions presently pending before the Planning Commission. He said action taken by Council at this time cannot be retroactive and cannot affect either the Cloister or Toro Point subdivisions since they have vested rights. He said interpretations made by Council are not necessarily binding upon a court. The consensus of Council was to handle the five-year capital improvement program as a separate item. Council reviewed suggested amendments to the resolution, then directed staff to return the amendments at the next meeting. MOTION: Mayor Yates moved to continue this item to the October 25, 1993 City Council meeting. The motion was seconded by • Councilmember Luna and unanimously carried. (5-0) C-3 RESOLUTION NO. 93-93: REVIEW OF AGREEMENT REGARDING USE OF MORTGAGE CREDIT CERTIFICATES AND ADMINISTRATION OF THE PROGRAM BY THE SAN LUIS OBISPO HOUSING AUTHORITY Community Development Director Don Funk reviewed the agreement regarding the use of Mortgage Credit Certificates and the administration of the program by the San Luis Obispo Housing Authority. He said the program was approved by Congress as part of the Tax Reform Act of 1984 and it provides qualified lower income home buyers with a federal income tax credit. Mr. Funk recommended Council approve Resolution No. 93-93 authorizing execution of an agreement regarding the use of Mortgage Credit Certificates in the City of Morro Bay and the administration of the program by the Housing Authority of the City of San Luis Obispo. Councilmember Luna asked how the financial thresholds are met? George Moylan, Executive Director of the Housing Authority, responded that Mortgage Credit Certificates are designed for moderate -income people whose income level is estimated at $40,700; this is based on the state average. Councilmember Crotzer asked why this program has not been implemented since 1984? Mr. Moylan responded it has been available for the last . nine years, but has not been fully utilized statewide. Revision made by Councilmember Crotzer on November 22, 1993 Council accepted amendment at their regular meeting of November 22, 1993 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 11, 1993 PAGE 10 • MOTION: Mayor Yates moved to approve Resolution No. 93-93 authorizing execution of an agreement regarding the use of Mortgage Credit Certificates in the City of Morro Bay and the administration of the program by the Housing Authority of the City of San Luis Obispo. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) C-4 REVIEW AND DISCUSSION OF CITY OF MORRO BAY RECYCLING POLICIES City Administrator Forrest Henderson recommended Council discuss the potential development of recycling policies for the City of Morro Bay; its purchasing practices as it relates to recycled goods; and, at the conclusion of the discussion, direct staff to develop recycling policies for the City for Council's future consideration. Councilmember Mullen shared information she received at a conference she attended on Developing Markets for Recyclables. She said the City of Morro Bay needs to adopt recycling policies in order to make recycling a convenient and attractive way to recycle. Councilmember Crotzer stated the infrastructure needs to be rearranged to make recycling more economical. Councilmember Unger stated she supports the concept of developing recycling policies for the City of Morro Bay. • Councilmember Luna stated recycling policies are needed city-wide. Councilmember Mullen suggested each department within the City appoint a staff person as a recycling coordinator who will be responsible for recycling in their department. MOTION: Councilmember Mullen moved to direct staff to prepare two policy statements: 1) addressing an in-house recycling program; and 2) a statement on reduce, re -use, and recycle. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) C-5 CONSIDERATION OF FUNDING FOR MUNICIPAL HOLIDAY DECORATIONS FOR DOWNTOWN Mayor Yates reviewed the request for consideration of funding $3,500 for City holiday decorations in the downtown area. City Administrator Forrest Henderson stated there is money in the reserve fund balance for this use. Councilmember Crotzer stated he was encouraged by the voluntary community support of donating decorations. He expressed concern with budgeting $3,500 as an on -going expense of public funds for this use. •Councilmember Mullen stated there may be a balance in the outreach program funds that can be used for decorations. L MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 11, 1993 PAGE 11 Councilmember Luna stated he would like to see a commitment from the downtown merchants on this endeavor. MOTION: Councilmember Luna moved to approve allocating $3,500 from the General Fund Reserves for purchasing 1993 holiday decorations for the downtown area. The motion was seconded by Councilmember Mullen and carried with Councilmember Unger voting no. (4-1) C-6 REQUEST TO ESTABLISH DATES FOR JOINT CITY COUNCIL/PLANNING COMMISSION WORKSHOP ON WATER MANAGEMENT PLAN Public Works Director Jon Crawford requested the City Council set a date for a joint workshop with the Planning Commission and Water Advisory Board in order to discuss the draft Water Management Plan. The consensus of the Council was to hold the joint meetings regarding the draft Water Management Plan on November 3 and 17, 1993 at 6:00 p.m. in the Veterans Memorial Building. C-7 CONSIDERATION OF LEAGUE OF CALIFORNIA CITIES' RESOLUTIONS FOR 1993 VOTING DELEGATE •City Administrator Forrest Henderson introduced the League of California Cities' resolutions to be voted on at the Annual League of California Cities Conference; Mayor Yates is the City's voting delegate at the conference. Mayor Yates pulled Resolution No. 5 for separate action. Councilmember Crotzer pulled Resolution Nos. 15 and 33 for separate action. Councilmember Luna pulled Resolution Nos. 6 and 8 for separate action. MOTION: Mayor Yates moved to approve the California Cities' Resolutions with the exception of Resolution Nos. 5, 6, 8, 15. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) MOTION: Councilmember Mullen moved to reconsider the above motion. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) MOTION: Councilmember Mullen moved to approve the California Cities' Resolutions with the exception of Resolution Nos. 5, 6, 8, 15, and 33. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 11, 1993 PAGE 12 • MOTION: Mayor Yates moved to not support Resolution No. 5. The motion was seconded by Councilmember Unger and failed with Councilmembers Crotzer, Luna, and Mullen voting no. (2-3) MOTION: Councilmember Mullen moved to support Resolution No. 6. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) MOTION: Councilmember Mullen moved to support Resolution No. 8. The motion was seconded by Mayor Yates and carried with Councilmember Luna voting no. (4-1) MOTION: Councilmember Mullen moved to not support Resolution No. 15. The motion was seconded by Councilmember Luna and carried with Mayor Yates voting no. (4-1) MOTION: Councilmember Crotzer moved to not support Resolution No. 33. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) F. MOTION: Councilmember Luna moved the meeting be adjourned. The motion was seconded by Councilmember Mullen and unanimously • carried. (5-0) The meeting adjourned at 10:25 p.m. Recorded by: - • - ' `tee BRIDGhrT DAVIS City Clerk C� U ,27 ►qb City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION - SEPTEMBER 27, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION ♦ STATUS REPORT AS TO ALL PENDING LITIGATION AND FURTHER DISCUSSION OF POSSIBLE LITIGATION POLICY ♦ MORRO BAY V. PRICE, SAN LUIS SUPERIOR COURT CASE NO. 67267 ♦ ADI V. CITY OF MORRO BAY, AMERICAN ARBITRATION ASSOCIATION ARBITRATION E-2 GOVERNMENT CODE §54956.9(B), SIGNIFICANT EXPOSURE TO LITIGATION ♦ MIMOSA STREET ASSESSMENT DISTRICT, DUE TO CONTACTS WITH SHANE KRAMER, ESQ., ATTORNEY FOR MR. AND MRS. PAUL PRICE, AND COMMENTS BY MRS. PRICE THREATENING LITIGATION 0-3 GOVERNMENT CODE §54957, PERSONNEL REGULAR MEETING - SEPTEMBER 27, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. Unless an item is pulled for separate action by the City Council, the 44Jollowing actions are approved without discussion. 1 A-1 City Council Minutes for the Special Meeting of August 30, 1993; and the . Destination 2000 Meeting of September 9, 1993 A-2 Water Supply Status Report A-3 Statement of Cash and Investments - August 1993 A-4 Expenditure Report - August 1993 A-5 Approval of Job Descriptions - Recreation Supervisor, Recreation Specialist, and Planning Technician (Code Enforcement) A-6 Proclamation Declaring October 2 - 9 as "Fire Prevention Week" A-7 Proclamation Declaring October as "Harbor Festival Seafood Month on the Central Coast" A-8 Consideration of Facility Fee Waiver for San Luis Obispo County Symphony A-9 Authorization to Fill Vacancy on Recreation and Parks Commission A-10 Declaration of Surplus Property B. UNFINISHED BUSINESS B-1 Ordinance No. 432 - Deleting Chapter 5.20 of the Morro Bay Municipal • Code -Ambulances (Second Reading and Adoption) C. NEW BUSINESS C-1 Discussion on Outreach Plan for Waterfront Specific Plan C-2 Discussion on Status of Mimosa Street Assessment District D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 Consideration of Allowing Transfers of Residential Waiting List Positions to New Owners D-2 Approval of Curbside Recycling Franchise Agreement with ECOSLO; Related Changes to Solid Waste Collection Rates; and Solid Waste Franchise Agreement and Interim Curbside Agreement with Morro Bay Garbage Service F. ADJOURNMENT C� COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. F • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - SEPTEMBER 27, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Forrest Henderson City Administrator David Hunt City Attorney E. CLOSED SESSION MOTION: Councilmember Luna moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0, Councilmember Mullen not present.) • Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 5:15 p.m. and returned to regular session at 5:50 p.m. F. ADJOURNMENT MOTION: Councilmember Luna moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 27, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember • Susan Mullen Councilmember Ahnawake Unger Councilmember • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 27, 1993 PAGE 2 ABSENT: None STAFF: Forrest Henderson David Hunt Jon Crawford Bridgett Davis Don Funk Rudy Hernandez Dave Howell Jeff Jones Andrea Lueker Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP City Administrator City Attorney Public Works Dir. City Clerk Comm. Dev. Dir. Finance Director Police Chief Fire Chief Int. Rec.&Parks Dir. Cricket Handler of the San Luis Obispo County Symphony presented the "Lighten Up" joke for this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates presented a Certificate of Appreciation to Jo Merriman for serving on the Recreation and Parks Commission; • Mayor Yates also presented Mr. Merriman with a plaque appointing him as the City of Morro Bay's Patriotic Liaison. Mayor Yates clarified that Halferty Inc. is still involved in the proposed Albertson's shopping center. Mayor Yates discussed decorating the City for the holidays. Mayor Yates announced Roger Ewing as the Director of the Mural Society. Mayor Yates announced Mary Phillips' request for Council agenda time which will be scheduled for the October 11, 1993 meeting. He stated Mrs. Phillips will receive ten minutes to make her presentation to Council. Councilmember Crotzer stated he will attend a meeting on library services scheduled for October 21, 1993. He said they will be discussing volunteer involvement and internships with Cuesta College and Cal Poly students. Councilmember Mullen shared information from a Market Development for Recycling Conference she attended. She stated it is estimated that between now and the year 2000, the supply of recyclables is going to grow 26% per year which will require new industries to use recyclables in their manufacturing process. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 27, 1993 PAGE 3 • PUBLIC COMMENT Jo Merriman, 361 Oahu, requested Council consideration to re- create the Rock-O-Rama parade. Mary Phillips stated transmitters can be purchased and hooked up to the sound system for the hearing impaired. Mrs. Phillips also asked for clarification on her requested agenda time. Suedene Nelson, Chamber of Commerce Director, stated plans for the Lighted Boat Parade are underway. Ed McCracken stated Montana de Oro State Park improvements are being made with recyclable materials. Cricket Handler, Executive Director of the San Luis Obispo County Symphony, referred to Item A-8 (Consideration of Facility Fee Waiver for San Luis Obispo County Symphony) and asked Council to consider the partial facility fee waiver ($150) for the use of the Morro Bay Community Center for the symphony's annual music symposium. She stated there is no admission charged to those who attend the recital. Opal Veach from the Morro Bay Art Association presented a check • to the City for proceeds from Art in the Park (1% sales tax) to be used for recreational services. Mary Lou Marshall from the Morro Grange donated a string of lights for the City's Christmas tree. Vernon Ford stated he will consider the City's use of their tree to hang Christmas tree lights. Mr. Ford also donated a string of lights. Mayor Yates responded to Jo Merriman stating his request to bring back the Rock-O-Rama parade is noted in the Destination 2000 Committee meeting minutes. Mayor Yates stated any citizen requesting agenda time may reach Council members individually and Council members may request the citizen's requested agenda time through Declaration of Future Agenda Items. Interim Recreation and Parks Director Andrea Lueker stated she has ordered an ADA handbook which will give the City compliance dates regarding transmitters for the hearing -impaired. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 27, 1993 PAGE 4 • DECLARATION OF FUTURE AGENDA ITEMS Councilmember Mullen requested the following items be agendized: ♦ discussion on raising the Transient Occupancy Tax; ♦ discussion on mandating a City policy on outreach programs; ♦ resolution supporting bicyclists and pedestrians; ♦ discussion on long-term financial planning and improving the budget process; ♦ recycling issues. Councilmember Unger requested an item be agendized to discuss Cable TV Franchise. Mayor Yates requested an item be agendized to discuss municipal holiday decorations. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE SPECIAL MEETING OF AUGUST 30, 1993; AND THE DESTINATION 2000 MEETING OF SEPTEMBER 9. 1993 • Mr. Henderson recommended Council approve the minutes of the Special Meeting of August 30, 1993, and the Destination 2000 Meeting of September 9, 1993. A-2 WATER SUPPLY STATUS REPORT Mr. Henderson recommended Council receive the report for information and file. A-3 STATEMENT OF CASH AND INVESTMENTS - AUGUST 1993 Mr. Henderson recommended Council approve the Statement of Cash and Investments as submitted. A-4 EXPENDITURE REPORT - AUGUST 1993 Mr. Henderson recommended Council approve the Expenditure Report as submitted. A-5 APPROVAL OF JOB DESCRIPTIONS RECREATION SUPERVISOR. RECREATION SPECIALIST. AND PLANNING TECHNICIAN (CODE ENFORCEMENT) Mr. Henderson recommended Council approve the job descriptions for Recreation Supervisor and Recreation Specialist and the • revised job description for the Code Enforcement Officer. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 27, 1993 PAGE 5 • A-6 PROCLAMATION DECLARING OCTOBER 2 - 9 AS "FIRE PREVENTION WEEK" Mr. Henderson recommended Council accept the Proclamation declaring October 2 - 9 as "Fire Prevention Week". A-7 PROCLAMATION DECLARING OCTOBER AS "HARBOR FESTIVAL SEAFOOD MONTH ON THE CENTRAL COAST" Mr. Henderson recommended Council accept the Proclamation declaring October as "Harbor Festival Seafood Month on the Central Coast." A-8 CONSIDERATION OF FACILITY FEE WAIVER FOR SAN LUIS OBISPO COUNTY SYMPHONY Mr. Henderson recommended Council approve Option #3 which disallows a fee waiver for the San Luis Obispo County Symphony for the San Luis Obispo County Symphony for rental of the Morro Bay Community Center. A-9 AUTHORIZATION TO FILL VACANCY ON RECREATION AND PARKS • Mr. Henderson recommended Council accept the resignation from Jo L. Merriman from the Recreation and Parks Commission and authorize staff to advertise for his replacement. A-10 DECLARATION OF SURPLUS PROPERTY Mr. Henderson recommended Council accept the report and declare the property as surplus. Councilmember Mullen pulled Item A-1 from the Consent Calendar. Mayor Yates pulled Item A-8. MOTION: Councilmember Unger moved to approve the Consent Calendar with the exception of Items A-1 and A-8. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-1 CITY COUNCIL MINUTES FOR THE SPECIAL MEETING OF AUGUST 30 1993• AND THE DESTINATION 2000 MEETING OF SEPTEMBER 9 1993 Councilmember Mullen made a correction to the September 9, 1993 minutes as follows: - Page 5, #8, change the word "maintain" to "improve"; - Page 6, 5th paragraph, add the language "maintain a level of tourism which does not over -tax our natural resources and • environment"; and "balance business/tourism needs with those of the residents." • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 27, 1993 PAGE 6 MOTION: Councilmember Mullen moved to approve the minutes of August 30, 1993 and September 9, 1993 as amended. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-8 CONSIDERATION OF FACILITY FEE WAIVER FOR SAN LUIS OBISPO COUNTY SYMPHONY The consensus of the Council was in support of Option 1 - waiving the requested amount of $150 for facility fees. MOTION: Councilmember Unger moved to approve Option 1 - waiving the requested amount of $150 for facility fees. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 ORDINANCE NO 432 - DELETING CHAPTER 5.20 OF THE MORRO BAY MUNICIPAL CODE - AMBULANCES (SECOND READING AND ADOPTION) MOTION: Councilmember Luna moved to approve Ordinance No. 432 for second and final reading. The motion was seconded • by Councilmember Unger and unanimously carried. (5-0) City Administrator Forrest Henderson read Ordinance No. 432 by title and number only. MOTION: Councilmember Luna moved to adopt Ordinance No. 432. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) C. NEW BUSINESS C-1 DISCUSSION_ ON OUT —REACH PLAN FOR WATERFRONT SPECIFIC P MOTION: Councilmember Mullen moved Council add the discussion of the Destination 2000 Outreach Program to this agenda item due to the need to print documents in time for distribution at the Harbor Festival. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Councilmember Mullen reviewed the proposed Outreach Program for the Destination 2000 Plan. She said 8,000 copies of the plan will be hand -delivered by volunteers the week of October 9th. E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 27, 1993 PAGE 7 • Councilmember Mullen stated approximately $3,000 is needed for this Outreach Program; $1,500 for radio advertising and $1,500 for printing the Destination 2000 Plan. She said additional advertising will include PSA's in the newspapers and KSBY calendar of events. Councilmember Mullen reviewed the proposed Outreach Program for the Waterfront Specific Plan. She said 8,000 copies of the plan will be delivered in January. Councilmember Mullen stated workshop meetings on this plan are scheduled on January 11 and February 10, 1994; the Planning Commission will then wrap up their comments at their second regular meeting in February and forward their comments to Council to review sometime in March. Councilmember Mullen stated the Outreach Program Committee would like to set-up a 50 member phone bank volunteer program in order to call everyone in Morro Bay and advise them of the Outreach Program process to allow maximum participation. Councilmember Mullen stated the overall budget for this Outreach Program is approximately $4,600. Councilmember Crotzer stated these Outreach Programs will allow citizens to offer their opinions and will allow Council to make decisions with confidence that they are representing the citizens . of Morro Bay. Councilmember Mullen stated citizen participation in this Outreach Program is the key to successful government. Mayor Yates stated he is supportive of the Outreach Programs as long as they are within the $5,000 budget. Councilmembers Luna and Unger stated they support full funding of the Outreach Programs. Mayor Yates stated he will support full funding due to the consensus of the Council. Councilmember Mullen clarified the workshop meeting dates for the Destination 2000 Outreach Program are scheduled for October 21 and November 3, 1993. MOTION: Councilmember Mullen moved the City Council accept the recommendations of the sub -committee on the Outreach Programs with funding for both the Destination 2000 and Waterfront Specific Plans in the amount of $7,600 which includes the balance of the Destination 2000 budget of approximately $750; and Council agrees to the scheduled dates for the special workshop meeting dates for the Outreach Programs. The motion was seconded by • Councilmember Crotzer and unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 27, 1993 PAGE 8 • Mayor Yates called for a break at 7:16 p.m.; the meeting resumed at 7:32 .p.m. MOTION: Councilmember Unger moved to suspend the rules to go past the 7:30 p.m. public hearing time in order to hear Item C-2. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) C-2 DISCUSSION ON STATUS OF MIMOSA STREET ASSESSMENT DISTRICT Public Works Director Jon Crawford reviewed the history and up- to-date status of the Mimosa Street Assessment District. Mr. Crawford recommended Council consider refinancing the existing bonds which will not only have the potential of saving dollars over the life of the bonds but will stabilize the yearly payments by the consumers. Councilmember Mullen stated there has been poor communication with those in the assessment district. She supports the refinancing of the bonds. Councilmember Mullen stated she is concerned that this item was not scheduled as a public hearing item; there are property owners in the assessment district in the audience who would like to speak on this item. • Mayor Yates granted each property owner three minutes to speak on this issue. Shane Kramer, attorney representing Mr. & Mrs. Paul Price, requested Council consider a more equitable way to assess the district. Mr. Kramer stated over $40,000 in legal fees have been spent on this assessment district. Twyla Breen, property owner, stated assessment taxes went up without notification to the property owners. She expressed her concern with the lack of communication between the City and the property owners of the assessment district and the expense of Mimosa Street. Richard Atchley, property owner, stated the property owners were promised the assessment district would be cheaper than what was quoted. Mr. Atchley also expressed his concern with the lack of communication. Mr. Crawford clarified this type of assessment spread is commonly used and is considered one of the more equitable forms of assessment spread in this type of small district. He said staff's recommendation to refinance the existing bonds will lower the assessment fees. Mr. Crawford stated the rates will increase every year because of the type of sale that occurred on the bonds. He said the City has possession of the property which can . be utilized as a City street but it has not been accepted into the City for maintenance. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 27, 1993 PAGE 9 • Councilmember Crotzer asked if there are options available to obtain lower interest rates? Mr. Crawford said refinance provides for a pre -payment option. Councilmember Luna stated the concern of lack of communication needs to be addressed. Councilmember Mullen stated a letter should be sent to each property owner in the assessment district outlining the status of what is transpiring with the district. Mayor Yates asked if the property owners were informed of the supplemental assessment district meeting of October 1991? Mr. Crawford responded each owner on record were informed. MOTION: Councilmember Mullen moved staff be directed to send a letter to each property owner in the Mimosa Street Assessment District with an update, and notification of the refinancing proposal. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) MOTION: Councilmember Mullen moved to authorize staff to prepare a proposal on refinancing the existing bonds • and return with a status report to Council on November 22, 1993. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) D. PUBLIC HEARINGS. REPORTS & APPEARANCE D-1 CONSIDERATION OF ALLOWING TRANSFERS OF RESIDENTIAL WAITING LIST POSITIONS TO NEW OWNERS Community Development Director Don Funk reviewed existing policies which prohibit transfers of position on the residential waiting list and prohibit the sale of the property with building under construction to a new owner prior to certificate of occupancy. He stated letters have been sent to persons on the residential waiting list identifying the pros and cons of changing the existing policy. Mr. Funk recommended Council receive public testimony, review the current policy regarding transfers of position on the residential waiting list, and request staff to prepare a revised ordinance and resolution as deemed appropriate. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 27, 1993 PAGE 10 • Councilmember Luna requested the City Attorney's opinion regarding the equity of changing the existing policy for those lower on the residential waiting list. City Attorney David Hunt responded changing the policy would not be considered a taking of any person's property providing Council changes the transferability of their position on the list to connect it to the property and not person. Mayor Yates opened the hearing for public comment. The following citizens spoke in favor of changing the existing policy to allow the transferability of positions on the residential waiting list: Bob Thomas, Twyla Breen, Jack Franklin, Mary Phillips, Steve Pascal, and Roger Ewing. The following citizens spoke in opposition to changing the existing policy to allow the transferability of positions on the residential waiting list: Gene Harman and Jim Norton. Mayor Yates closed the hearing for public comment. Mayor Yates expressed his support in changing the existing ordinance to allow the transferability of positions on the residential waiting list. He opposes the recommended fees. • Councilmember Unger supported placing the lot on the residential waiting list instead of the owner. She also supported an administrative fee for transfers. Councilmembers Luna supported changing the existing ordinance as well as administering a fee for transfers based on the overwhelming responses from the public in support of changing the existing ordinance. Councilmember Mullen supported changing the existing ordinance to allow the transferability of positions on the residential waiting list. She said the easiest way to administer this program is to allow the lot to stay on the list. Councilmember Mullen supported a fee structure; however, she does not support deposits. Councilmember Crotzer stated his opposition to change the existing ordinance. He said the original list was not created by the City Council; however, imposed by the Coastal Commission due to Morro Bay not having enough resources to build. Councilmember Crotzer stated he does not support those making profit from this process at government's expense. He stated he would entertain the possibility of transferring to the heirs of property owners the right to build. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 27, 1993 PAGE 11 • Councilmember Mullen stated the existing policies negatively impacts property and housing prices. She said the affordable housing issue in the City will become moot without new construction. MOTION: Councilmember Luna moved staff be directed to prepare and return to Council a resolution and ordinance approving: 1) the change of the existing ordinance to allow the transferability of positions on the Long -Term Residential Waiting List to new property owners; 2) the property remains in place on the list; 3) a fee be established for each person requesting to be placed on the Long -Term Residential Waiting List; and 4) a fee be established for transferability of ownership. The motion was seconded by Councilmember Mullen and carried 4-1 (Councilmember Crotzer voting no). Mayor Yates called for a break at 8:40 p.m.; the meeting resumed at 8:55 p.m. D-2 APPROVAL OF CURBSIDE RECYCLING FRANCHISE AGREEMENT WITH ECOSLO: RELATED CHANGES TO SOLID WASTE COLLECTION RATES; AND SOLID WASTE FRANCHISE AGREEMENT AND INTERIM CURBSIDE AGREEMENT WITH MORRO BAY GARBAGE SERVICE • Public Works Director Jon Crawford reviewed the Curbside Recycling Franchise Agreement with ECOSLO and related changes to the Solid Waste Collection Rates, Solid Waste Franchise Agreement, and Interim Curbside Recycling Franchise Agreement with Morro Bay Garbage. Mr. Crawford recommended Council conduct a public hearing; consider the recommendation of the Franchise Advisory Board; adopt Resolution No. 88-93 approving an exclusive Curbside Recycling Franchise Agreement with ECOSLO; adopt Resolution No. 89-93 approving an amendment to the Solid Waste Franchise Agreement with Morro Bay Garbage Service; and adopt Resolution No. 90-93 approving an amendment to the Non -Exclusive Interim Curbside Recycling Franchise Agreement with Morro Bay Garbage Service. Mr. Crawford stated Morro Bay Garbage Service has requested this hearing be postponed for two weeks in order to review the contract amendments. Mayor Yates advised the audience this proposal represents a 46.5% rate increase on garbage bills. The City Council reviewed the proposed contract with staff. 0 Mayor Yates opened the hearing for public comment. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 27, 1993 PAGE 12 The following representatives from ECOSLO made presentations to Council: Kurt Kupper, ECOSLO, stated they are trying to provide the students involved with as many opportunities as possible. He said the cost of this proposed contract is approximately $33,000 which, if divided by the number of customers in the City, equals two cents per day per customer. Mr. Kupper stated in regards to pick-up service, their intent is to provide as much flexibility as possible to meet the convenience needs of the citizens and meet the needs of the students. Sandy Segridson, Business Manager for ECOSLO, reviewed customer service, effective advertising, and promotional opportunities for the students involved. Ron Delereno, Project Coordinator for Rock Solid Recycling, stated ECOSLO is bringing more academic opportunities to students. The following representatives from Morro Bay Garbage Service made presentations to Council: Tom Martin, Morro Bay Garbage Service, stated the difference • between the two contracts is approximately $36,000. He said the numbers prepared by Morro Bay Garbage Service are accurate. Charlie Cattaneo, President of Morro Bay Garbage Service, stated student involvement of 120 hours per month is inadequate. He said the proposed contract with ECOSLO will cost the citizens of Morro Bay a great amount of money through the franchise fee. Mr. Cattaneo requested Council investigate the proposal before considering the adoption of the contract with ECOSLO. Terry Schubert, Attorney for Morro Bay Garbage Service, requested Council continue this public hearing item due to not receiving the amendments to the staff report until this evening and not having ample time to review the contract. Chuck Meissner expressed his support to approve the Curbside Recycling Franchise Agreement with ECOSLO. The following citizens spoke in opposition to approval of the Curbside Recycling Franchise Agreement with ECOSLO: Jo Merriman, Lee Ott, Mary Phillips, John Lemons, Jack Curry, and Don Doubledee. Mayor Yates closed the hearing for public comment. 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 27, 1993 PAGE 13 • Councilmember Mullen stated she cannot approve the proposed contract tonight. She said clear, concise numbers, graphs and charts are needed for public review. Councilmember Crotzer stated he would like this public hearing item be returned to Council with a report that provides more concise information which clearly states what is being proposed. He said the proposed student involvement is not what he had envisioned. Councilmember Luna stated he is unable to make a decision on the contract this evening. He said the job opportunity can be of great value and reward for the students involved. Councilmember Luna stated a clause should be added to the contract outlining the expansion of youth participation in the program, and another that states Rock Solid Recycling and ECOSLO will go after grants and corporate funding to expand the youth component of this program. Councilmember Unger stated this is an unsatisfactory contract because it does not meet the specifications. She said the citizens of Morro Bay should not pay higher rates for less service. Mayor Yates agreed with Councilmember Unger's statement. He said • increasing the rates by 46.5% when it can be done for less is not right. Mayor Yates stated the contract needs clarification on student involvement and services provided. MOTION: Councilmember Mullen moved this item return at the next regular City Council meeting on October 11, 1993. The motion was seconded by Councilmember Crotzer and carried 3-2 (Mayor Yates and Councilmember Unger voting no.) MOTION: Councilmember Mullen moved to direct staff to address the issues of student participation; provide accurate figures on what the City is charging estimated over one year; statistics on how many people are participating; when the program will switch from six cans to one can and the justification of the rate structure; clear and concise specifications on the educational component; and language including the application for grants to add to the program for the students. The motion was seconded by Councilmember Luna and carried 3-2 (Mayor Yates and Councilmember Unger voting no.) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 27, 1993 PAGE 14 • F. MOTION: Councilmember Luna moved the meeting be adjourned. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) The meeting adjourned at 10:53 p.m. Recorded by: BRIDGETT DAVIS City Clerk 11 • 0 0 NOT = C E O F CANC ELLAT = ON • O F S P EC = AL MEET = NG NOTICE IS HEREBY GIVEN that the Special Meeting of the Morro Bay City Council which was scheduled for Wednesday, September 22, 1993 at 5:30 p.m. in the Morro Bay City Hall Conference Room has been cancelled. DATED: SEPTEMBER 21, 1993 SUSAN MULLEN, V'ce-Mayor City of Morro Bay, California • E NOT I C E O F S P E C= AL MEET = NG • NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Wednesday, September 22, 1993 at 6:00 p.m. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to discuss the Outreach Plans for the Waterfront Specific Plan and Destination 2000 Report. DATED: SEPTEMBER 17, 1993 � CdL44-�' da4�-� WILLI YATES, May r City of Morro Bay, Ca ifornia • • i • • City Of Morro Bay City Council Agenda Mission statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. SPECIAL MEETING - SEPTEMBER 15, 1993 CITY HALL CONFERENCE ROOM - 5:30 P.M. '595 HARBOR ST., MORRO BAY, CA ROLL CALL PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. D. PUBLIC HEARINGS, REPORTS S APPEARANCES D-1 INTERVIEW CANDIDATES FOR APPOINTMENT TO THE PLANNING • COMMISSION F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPEC- TION AND REPORDUCTION AT COST. • • MEMORANDUM TO: Honorable Mayor & City Councilmembers FROM: Personnel Officer DATE: August 25, 1993 SUBJECT: Interviews for Planning Commission Attached are applications of four people who have applied for the vacancy on the Planning Commission: Kathleen Boyd William Campbell Stephen Carnes Henry Garcia Ms. Boyd is currently on vacation and will not return until September 2nd. If Council wishes to interview her at a later date, perhaps at the next Council meeting, please advise. • Charles Meissner originally applied; however, requested his application be withdrawn for personal reasons. The applicants have been requested to arrive at 5:30 p.m. • APPLICATION FOR APPOINTMENT City of Morro Bay • Print Your Full Name: /JO YIJ X/tTN/1'�-�/ (Last) (First) (Middle) Address: ti/ / �if�� S% (Number) (Street) /3Ay G4 YG (CityO (State) (Zip) Phone No.: 772- 17/a 7ej-,58--575— (Home) (Business) I am not a registered voting.resident of the City of Morro Bay. rcle one) I would like to be considered as a possible appointee to the: / Harbor Advisory Board (7 members) Planning Commission (5 members) Recreation & Parks Commission (7 members) Solid Waste Management Board (up to 7 members) TV Franchise & Services Board (up to 5 members) water Advisory Board (7 members) • The following is a short statement of my background and interests, which I believe qualify me for consideration: A A4gll /mot/ ti/D/ PtJ /%ilY Hf/G G/vE7 /J��E F02 j2 yE/fRS. .Z- USA rD O(//✓ /�, CiGl S/✓GSS /t/ 77J / �' 7 LI PQGFG Ss�O Jl1L=� G/�X/hnJ ,q,✓/J /7ij�r/G /��.✓ A G /!52�.2//1�t/ CD2 aa��J. � S��t�J ,q� �Ec,ot�irn<, rD „ F P2�!uos oc Ttf'� G✓.CY1/%2 /t/LOu.ciJ 4.i'J.2cp i2t�/CZ '4^�0 �f/fiTVR-� GG'rvSc7��1�vC�� H/i//E— ,zsf�DN I S�/cems. /f i .� ifflJ20 ZLVI �2, 4-Uj /57,V11' SpyvC�r r q /°2/v��b 7-0 f js/E77Jui J 4L- A IeL,ji/i/i10G co"y/SS/0�/G %. Should my qualifications prove of interest, I will be pleased to meet with City Council for further discussion. I have read the short statement regarding the responsibilities of this commission/board, and should I be appointed, I will be able and willing to devote the necessary time to perform the required duties. Signature Date This application must be returned to the Personnel Office, Morro Bay City Hall. Note: All appointees to the Planning Commission will be required, in • accordance with State Law, to file a "Statement of Economic Interest" which remains available for public inspection. Your presence at the City Council meeting for Council selection is required. APPLICATION FOR APPOINTMENT City of Morro Bay DEC I 0 D Gtt O NEL OF BAY SONNEL PEROFflCE Print Your Full Name: 6A6110EOLL INJLL/1- N- F-- (Last) (First) (Middle) Address: iq''SH-ASTA (Number) (Street) State) Phone No.: ( Y6k) % 7 2 - 4-3 (Home) I Yam not a registered voting resident of the City of Morro Bay. (circle one) I would like to be considered as a possible appointee to the: Community Promotions Committee (up to 7 members) _Harbor Advisory Board (7 members) Planning Commission (5 members) Recreation 6 Parks Commission (7 members) _Solid Waste Management Board (up to 7 members) _Streets and Trees Committee (7 members) • TV Franchise 6 Services Board (up to 5 members) _Water Advisory Board (7 members) The following is a short statement of my background and interests, which I believe qualify me for consideration: PORN 024-1-of%N6,k5cG--6A,. �DUCA�fby; ucLA+USC,,CoL��Gk cFARtiY,Y�sLTUIZE Wor\(C Nilr zl; LAC-SIGNr'Ry' DRA�SNIAM FG/i f4�VE(ZAL kzcu,rccrs- LA A2E/4 pro GU c7,ciN �E<IGNWZ-i ART D%RFcIGJ(- Ji(c'n,N f ,-ruge tr-/ F/LM S7'00fc� 't / - RET,i'-EaA�N"f ,(q l'I W4_ jN7Lr_C-VS En7( A D +GN -/Z )1-r1S7)C- CHauEN� E t")Ar ,YrAl"4& TµE (!�1JA21TX cr- EN✓,RoNMENJy LIFE /N/t'�o� gA/. Should my qualifications prove of interest, I will be pleased to meet with City Council for further discussion. I have read the short statement regarding the responsibilities of this commission/board, and should I be appointed, I will be able and willing to devote the necessary time to perform the required duties. I Signature ( Date This application must be returned to the Personnel Office, Morro Bay • City Hall. Note: All appointees to the Advisory Bodies will be required, in accordance with State Law, to file a "Statement of Economic Interest" which remains available for public inspection. Your presence at the City Council meeting for Council selection is required. APPLICATION FOR APPOINTMENT )I)r P4 City of Morro Bay L� 1 II f 21W , U AV.1IWU1-R,A NOFFICE CITY C. ""^30 8?y • PRINT YOUR FULL NAME. Gy`��CS S jEPrlEni •32JC„y-J�..�. (Last) (First) (Middle) 3'33 ADDRESS: (street) (Number) A-f G/A a-Z PRONE NO.: 1 "7'Z - 11'Z "7'1 Z. (Home) (Business( I am am not a registered voting resident of the City of Morro Bay. circle one) I would like to be considered as a possible appointee to the: community Promotions Committee (5 members) Downtown Sidewalk Sales committee (5 members) Harbor Advisory Board (7 members) Parks S Recreation Commission (5 members) ---'1 Planning Commission (5 members) Refuse Collection Franchise Board (7 members) Street Advisory Committee (5 members) TV Franchise 6 Services Board (5 members) • The following is a short statement of my background and interests, which I believe qualify me for consideration: �IYl.A` c:-%<n .-%c cr'k ti% ._Gr�T2A-L TC(li Ohl_ k3 '-3.hq rJ-:,aw should my qualifications prove of interest, I will be pleased to meet with City Council for further discussion. I have read the short statement regarding the responsibilities of this commission/board, and should I be appointed, I will be able and (willing to devote the necessary time to perform the required duties. Signature _Date This application must be returned to the Personnel Office, Morro Bay City Hall. • NOTE: All appointees to the Planning Commission will be required, in accordance with state Law, to file a "Statement of Economic Interest" which remains available for public inspection. Your presence at the City Council meeting for Council selection is required_ W pV POGO i L-t't,GGBO U P July 16, 1993 Willliam Yates, Mayor and the City Council City of Morro Bay 595 Harbor Morro Bay, California 93442 Dear Mr. Mayor and Council: I understand your Council is currently considering an appointment to the Morro Bay Planning Commission to replace the deceased Commissioner Maltby. Apparently, you have received a number of applications by interested citizens who are willing and wanting to serve. I am writing this letter to speak on behalf of one applicant, who I consider to have superior qualifications for serving the City in this capacity; Steve Carnes. Over the years, I have observed many Planning Commission appointees and I have formed opinions about their effectiveness. I thought I would pass along some of my conclusions about what constitutes an effective Planning Commissioner. Forinstance, I have concluded the best Commissioners turn out to be persons with few civic pro -active commitments, people who have open minds, free of strong philosophical dogma, or who do not 'represent' one organization or another. What the Council wants and needs is fair, thoughtful and studied recommendations, which represents the impartial evaluation of citizens property requests. It is a plus to have Commissioners who have a grasp on property ownership values and who knows the vocabulary and the jargon. It is not always good to have a professional in the planning or real estate field because they sometimes try to outguess staff or nitpick on narrow issues of the development, rather than look at the whole. I find Steve Carnes having fresh thoughts about city planning and I know him to be a good listener. It is of value to appoint a Commissioner who will listen, contemplate, question and make impartial judgments, one who is reserved yet willing to speak opinions. The Commissioner should never be a person who domineers or preaches, because they must learn they are only one of five, who must deliver respect to the public. I have observed these favorable attributes in Steve Carnes and I hope you will give him your appointment. 1012 Pacific, Suite 1A San Luis Obispo, CA 93401 FAX 805.542.9949 805.546.9300 APPLICATION FOR APPOINTMENT City of Morro Bay • Print Your Full Name: l7ctre(a qeor (Last) (First) I (Middle) Address: ( � X--1 ho 0.% Phone No.: 11 � - 0 5 U'I LA SL4- I M, (Home) (Business) I am/am not a registered voting resident of the City of Morro Bay. (circle one) I would like to be considered as a possible appointee to the: / Harbor Advisory Board (7 members) V Planning Commission (5 members) Recreation & Parks Commission (7 members) Solid Waste Management Board (up to 7 members) TV Franchise & Services Board (up to 5 members) water Advisory Board (7 members) • The following is a short statement of my background and interests, which I believe qualify me for consideration: S hG.✓e. 'w or Keel `+or w�c.rc1e �ulol�c, J-\�I,i-y -�,o r' eZ.� yea.v-g 5ervinc, rh vu.rlous Consir�ct on Su�ervrgor anc� tL`,rha5yo \\owed rAe. +\Ne ZX �ei'�enCe.. O� WOrl�i,',q Wt'C it C�e��\J 7C'iS on bc1� 4. 14r-je- 0.v,a 5�Lk $Ctll e J 1, T Lt L+� 1n�e:�}e_c� In '{'��z L'1 e.Je\c, ervt�.�+ Ol Moffo i�)a 45 T h cave- oi' \e :,n,. c)oo\ o_hd bai his hac, o^ -\ow. s 1 have 1%✓P-A in Should my qualifications prove of interest, I will be pleased to meet with City Council for further discussion. I have read the short statement regarding the responsibilities of this commission/board, and should I be appointed, I will be able and willing/ to devote the necessary time to performp the required duties. '�� l L' .IiL N �1 0..lLtA. (J' (�•' `( ' S' nature Date i This application must be returned to the Personnel Office, Morro Bay City Hall. Note: All appointees to the Planning Commission will be required, in • accordance with State Law, to file a "Statement of Economic Interest" which remains available for public inspection. Your presence at the City Council meeting for Council selection is required. • MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - SEPTEMBER 15, 1993 CITY HALL CONFERENCE ROOM - 5:30 p.m. Mayor Yates called the meeting to order at 5:35 p.m. ROLL CALL PRESENT: William Yates Colby Crotzer Ben Luna Susan Mullen Ahnawake Unger STAFF: Forrest Henderson No public comment given at meeting. Planning Commission Interviews Mayor Councilmember Councilmember Councilmember Councilmember City Administrator The City Council held interviews of four candidates for appointment to the Planning Commission. The candidates interviewed were Kathleen Boyd, William Campbell, Stephen Carnes, and Henry Garcia. At the conclusion of the interviews the City Council took a ten minute break. At the conclusion of the break, the City Council reconvened to Open Session and discussed each candidate individually and their qualifications for serving on the Planning Commission. MOTION: Councilmember Luna moved the City Council appoint Henry Garcia to the Planning Commission. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) MOTION: Councilmember Luna moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 6:53 p.m. Recorded by: iFORREST HENDERSON City Administrator 01 0 �p�i�nla�n 13, 1993 City Of Morro Bay City Council Agenda Mission Statement The City of Mono Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION - SEPTEMBER 13, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE §54957, PERSONNEL E-2 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION ♦ LANE V. SHEETZ REGULAR MEETING - SEPTEMBER 13, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE WLEDGE OF ALLEGIANCE - VFW POST 11097 GHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. COUNCIL.DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF AUGUST 8, 1993 A-2 PROCLAMATION DECLARING SEPTEMBER 18 THROUGH OCTOBER 11, 1993 AS "COASTWEEKS" AND OCTOBER 2, 1993 AS ADOPT -A -BEACH COASTAL CLEAN-UP DAY A-3 PROCLAMATION DECLARING OCTOBER 4-8, 1993 AS MORRO BAY DIAL -A -RIDE WEEK A-4 CONSIDERATION OF FILMING FEE WAIVER FOR UNSOLVED MYSTERIES -5 AUTHORIZATION TO ISSUE PUBLIC AREA USE PERMIT #744 FOR 1993 HARBOR FESTIVAL USE 1 -6 RESOLUTION DESIGNATING CITY ADMINISTRATOR AS THE NEW AUTHORIZED AGENT FOR THE CITY OF MORRO BAY TO CLOSE OUT THE DISASTER ASSISTANCE GRANT ON SOUTH T-PIER FIRE A-7 RESOLUTION SUPPORTING PRE -HOSPITAL EMERGENCY MEDICAL CARE AND TRANSPORT SERVICES A-8 SAN LUIS OBISPO COUNTY REGIONAL HAZARDOUS MATERIALS COOPERATIVE AGREEMENT A-9 ACCEPTANCE OF RESIGNATION AND AUTHORIZATION TO FILL POSITION ON CITY'S COMMUNITY PROMOTIONS COMMITTEE B. UNFINISHED BUSINESS B-1 JOINT RESOLUTION BY THE COUNTY OF SAN LUIS OBISPO AND CITIES OF MORRO BAY AND SAN LUIS OBISPO FOR THE PROTECTION OF THE MORROS C. NEW BUSINESS C-1 COUNCILMEMBER REQUEST TO DISCUSS POLICY 3.01 OF THE CITY LOCAL COASTAL PLAN C-2 DISCUSSION ON STATUS OF MIMOSA STREET ASSESSMENT DISTRICT (CONTINUED TO SEPTEMBER 27, 1993) *_3 COUNCIL DISCUSSION OF CITY NEWSLETTER IMPLEMENTATION ., D. PUBLIC HEARINGS REPORTS & APPEARANCES D-1 REVIEW OF SIGN PERMIT EXTENSION (500 EMBARCADERO; APPLICANT-MITCHELL) D-2 ORDINANCE NO.. 432 DELETING CHAPTER 5.20 FROM THE MORRO BAY MUNICIPAL CODE - AMBULANCES (FIRST READING/INTRODUCTION) F. ADJOURNMENT • COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. F • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - SEPTEMBER 13, 1993, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Forrest Henderson City Administrator David Hunt City Attorney E. CLOSED SESSION MOTION: Councilmember Luna moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) • Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 5:15 p.m. and returned to regular session at 5:49 p.m. F. MOTION: Councilmember Luna moved the meeting be adjourned. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) The meeting adjourned at 5:49 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 13, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember • Susan Mullen Councilmember Ahnawake Unger Councilmember • • 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 13, 1993 PAGE 2 ABSENT: None STAFF: Forrest Henderson David Hunt Rick Algert Jon Crawford Bridgett Davis Don Funk Rudy Hernandez Dave Howell Jeff Jones Andrea Lueker Jo L. Merriman led the Pledge of Allegiance. City Administrator City Attorney Harbor Director Public Works Dir. City Clerk Comm. Dev. Dir. Finance Director Police Chief Fire Chief Int. Rec.&Parks Dir. Chuck Clarke told the story of a little girl who took her violin case to her music lesson and found her father's machine gun inside. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates presented the Morro Bay Lifeguards with Certificates of Appreciation. Mayor Yates announced the Half erty project sold to Albertsons Corporation. Mayor Yates shared a letter received from Steve Wolter, previous Recreation and Parks Director. Mayor Yates asked Public Works Director Jon Crawford to present an update on the Water Management Plan. Mr. Crawford stated the report is tentatively scheduled to be received by next week and public drafts should be available by the end of the month. Mayor Yates stated the Community 5, 1993 has been postponed in Planning Commission applicants. Meeting scheduled for September order for Council to interview Mayor Yates stated the Destination 2000 meeting was successful. Mayor Yates addressed Mary Phillips' request for agenda time stating she will receive ten minutes to make a presentation. Mayor Yates stated Charles Palmer will receive the same opportunity to address Council. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 13, 1993 PAGE 3 • Councilmember Mullen asked Public Works Director Jon Crawford when the meeting to discuss State Water Project be scheduled? Mr. Crawford stated he would like the Water Management Plan to be available in order to combine the meeting on both topics. Councilmember Luna announced he is doing an independent study to form a county -wide task force on gangs in cooperation with Cuesta College. Chuck Clarke addressed Item A-5 (Authorization to Issue Public Area Use Permit #744 for 1993 Harbor Festival Use) stating the agreement is acceptable to Harbor Festival Inc. He commended Interim Recreation and Parks Director Andrea Lueker for her help in this endeavor. Charles Palmer requested a signed copy of the letter received from Timothy Cleath and Associates regarding the desalination plant. Mayor Yates responded to Mr. Palmer's request and stated City Attorney David Hunt will provide him with the requested letter. Linda Merrill thanked Chamber Director Suedene Nelson for making • the coffee for this Council meeting, and Ed McCracken will be providing coffee for the next two months. Ed McCracken shared an article on children and tobacco use. Lillian Collier expressed her concern with animal control in the City relating to the number of animals allowed in a household. Mayor Yates referred Ms. Collier to Police Chief Dave Howell. None. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF AUGUST 8, 1993 Mr. Henderson recommended Council approve the minutes of August 8, 1993. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 13, 1993 PAGE 4 • A-2 PROCLAMATION DECLARING SEPTEMBER 18 THROUGH OCTOBER 11, 1993 AS "COASTWEEKS" AND OCTOBER 2, 1993 AS ADOPT -A -BEACH COASTAL CLEAN-UP DAY Mr. Henderson recommended Council approve the Proclamation declaring September 18 through October 11, 1993 as "Coastweeks" and October 2, 1993 as "Adopt -A -Beach Coastal Clean -Up Day." A-3 PROCLAMATION DECLARING OCTOBER 4-8, 1993 AS MORRO BAY DIAL - A -RIDE WEEK Mr. Henderson recommended Council approve the Proclamation declaring October 4-8, 1993 as "Morro Bay Dial -A -Ride Week." A-4 CONSIDERATION OF FILMING FEE WAIVER FOR UNSOLVED MYSTERIES Mr. Henderson recommended Council accept fee waiver option #3 as outlined in the staff report. A-5 RESOLUTION NO. 85-93: AUTHORIZATION TO ISSUE PUBLIC AREA USE PERMIT #744 FOR 1993 HARBOR FESTIVAL USE Mr. Henderson recommended Council approve Resolution No. 85-93 authorizing issuance of Public Area Use Permit No. 744 with • conditions. A-6 RESOLUTION NO. 86-93 DESIGNATING CITY ADMINISTRATOR AS THE NEW AUTHORIZED AGENT FOR THE CITY OF MORRO BAY TO CLOSE OUT THE DISASTER ASSISTANCE GRANT ON SOUTH T-PIER FIRE Mr. Henderson recommended Council approve Resolution No. 86-93 designating the City Administrator as the authorized agent of the City for purposes of closing the Disaster Assistance Grant on the South T-Pier fire. A-7 RESOLUTION NO. 83-93 SUPPORTING PRE -HOSPITAL EMERGENCY MEDICAL CARE AND TRANSPORT SERVICES Mr. Henderson recommended Council approve Resolution No. 83-93 in support of San Luis Obispo county's revision of Chapter 6.60 of the County Code and direct the City Administrator to assist in Chapter 6.60's implementation. A-8 RESOLUTION NO. 82-93: SAN LUIS OBISPO COUNTY REGIONAL HAZARDOUS MATERIALS COOPERATIVE AGREEMENT Mr. Henderson recommended Council approve Resolution No. 82-93 authorizing the Mayor to sign the San Luis Obispo County Regional Hazardous Materials Cooperative Agreement. • • • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 13, 1993 PAGE 5 A-9 ACCEPTANCE OF RESIGNATION AND AUTHORIZATION TO FILL POSITION ON CITY'S COMMUNITY PROMOTIONS COMMITTEE Mr. Henderson recommended Council accept the resignation of Mr. Larry Reeck from the City's Community Promotions Committee, and authorize staff to advertise for his replacement. Mayor Yates pulled Items A-1, A-4, and A-8 from the Consent Calendar; Councilmember Mullen pulled Item A-5. MOTION: Councilmember Unger moved to approve the Consent Calendar with the exception of Items A-1, A-4, A-5, and A-8. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF AUGUST 8, 1993 Minutes were amended as requested by Councilmember Mullen in a memorandum to the City Clerk. MOTION: Councilmember Mullen moved to approve the minutes for the Regular Meeting of August 8, 1993 as amended. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-4 CONSIDERATION OF FILMING FEE WAIVER FOR UNSOLVED MYSTERIES MOTION: Councilmember Luna moved to approve fee waiver option #3. The motion was seconded by Mayor Yates and unanimously carried. (5-0) A-5 RESOLUTION NO. 85-93: AUTHORIZATION TO ISSUE PUBLIC AREA USE PERMIT #744 FOR 1993 HARBOR FESTIVAL USE Councilmember Mullen asked if Chess Live should be included in the Public Area Use Permit? Interim Recreation and Parks Director Andrea Lueker stated Chess Live has been approved under a separate permit. Councilmember Mullen stated containers should be available to recycle styrofoam at the Harbor Festival. MOTION: Councilmember Crotzer moved to approve Resolution No. 85-93 authorizing issuance of Public Area Use Permit No. 744 with conditions. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 13, 1993 PAGE 6 • A-8 RESOLUTION NO. 82-93: SAN LUIS OBISPO COUNTY REGIONAL HAZARDOUS MATERIALS COOPERATIVE AGREEMENT MOTION: Councilmember Unger moved to approve Resolution No. 82- 93 authorizing the Mayor to sign the San Luis Obispo County Regional Hazardous Materials Cooperative Agreement. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) B. B-1 JOINT RESOLUTION BY THE COUNTY OF SAN LUIS OBISPO AND CITIES OF MORRO BAY AND SAN LUIS OBISPO FOR THE PROTECTION OF THE MORROS City Administrator Forrest Henderson recommended Council approve Resolution No. 79-93 jointly endorsed by the County of San Luis Obispo, City of San Luis Obispo, and City of Morro Bay. He stated the resolution promotes the protection and preservation of the Morros, while respecting the rights of the private property owners. MOTION: Councilmember Unger moved to approve Resolution No. 79- 93. The motion was seconded by Councilmember Crotzer • and unanimously carried. (5-0) C. NEW BUSINESS C-1 COUNCILMEMBER REQUEST TO DISCUSS POLICY 3.01 OF THE CITY LOCAL COASTAL PLAN Councilmember Unger reviewed her request to clarify Policies 3.01, 3.03, and 3.04 of the City's Local Coastal Plan. Councilmember Mullen stated she brought Policies 3.01 and 3.03 before the previous Council and asked them to place a moratorium on all subdivisions because it was obvious there was no water. Councilmember Crotzer stated this Council needs to adhere to the Local Coastal Plan in clarifying these policies. City Attorney David Hunt stated Council needs to be clear on what development is under these policies. Mr. Hunt stated the City is subject to litigation if water is not authorized on projects that have received approvals on their precise plans. Councilmember Luna stated it is not necessary to set new policies; however, Council should define the existing policies. Mayor Yates stated Council seems supportive of the existing • policies; however, a statement from Council stating their support is needed. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 13, 1993 PAGE 7 • Mr. Hunt recommended Council direct staff to prepare a resolution in support of the existing policies consistent with the directives and re-agendize for the October 11, 1993 City Council meeting. MOTION: Mayor Yates moved to direct staff to prepare a resolution making findings stating Council's support of the language in the Policies 3.01, 3.03, 3.04 and 3.05 of the City's Local Coastal Plan. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) C-2 DISCUSSION ON STATUS OF MIMOSA STREET ASSESSMENT DISTRICT This item was continued to September 27, 1993 City Council meeting. C-3 COUNCIL DISCUSSION OF CITY NEWSLETTER IMPLEMENTATION Mayor Yates reviewed the staff report prepared by Community Development Intern Gordon Britton. City Attorney David Hunt reviewed the legal analysis of the Fair • Political Practices Commission regarding Council involvement with a City newsletter. City Administrator Forrest Henderson stated it would be appropriate for Council to allow him to direct the newsletter in the most cost-effective means. MOTION: Mayor Yates moved Council direct the City Administrator to pursue a quarterly newsletter within the $3,500 budget. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Mayor Yates called for a break at 7:05 p.m.; the meeting resumed at 7:25 p.m. D-1 REVIEW OF SIGN PERMIT EXTENSION (500 EMBARCADERO; APPLICANT- MITCHELL) Community Development Director Don Funk reviewed the request of Dale Mitchell for a sign permit extension at his business located at 500 Embarcadero. He said on July 25, 1988, Mr. Mitchell received a five year period to maintain his non -conforming pole sign. Mr. Funk stated Council must now decide to require the applicant to lower the pole sign from 22 feet to 15 feet or to • grant a time extension to allow the non -conforming sign to remain. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 13, 1993 PAGE 8 Mayor Yates opened the hearing for public comment. Dale Mitchell, applicant, stated his pole sign was legal when installed. He said this sign is a considerable financial investment and requested a two-year extension to bring it into conformance. Mayor Yates closed the hearing for public comment. The consensus of the Council was the City should be consistent with the direction given to all business owners with non- conforming signs to bring their signs into conformance by January 1, 1994. MOTION: Councilmember Mullen moved to deny the request for a time extension on the non -conforming pole sign located at 500 Embarcadero, and that this non -conforming pole sign be brought into conformance by January 1, 1994. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) D-2 ORDINANCE NO. 432 DELETING CHAPTER 5.20 FROM THE MORRO BAY MUNICIPAL CODE - AMBULANCES (FIRST READING/INTRODUCTION) • City Administrator Forrest Henderson introduced Ordinance No. 432 deleting Chapter 5.20 from the Morro Bay Municipal Code (Ambulances) for first reading and introduction. Mayor Yates opened the hearing for public comment; there was no public comment and the public hearing was closed. Mr. Henderson read Ordinance No. 432 by title and number. MOTION: Councilmember Luna moved to accept Ordinance No. 432 for first reading and introduction. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) F. MOTION: Councilmember Luna moved the meeting'be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 7:45 p.m. Recorded by: BRI�AVI • City Clerk E City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. SPECIAL JOINT MEETING - DESTINATION 2000 COMMITTEE THURSDAY, SEPTEMBER 9, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. 1. MAYOR'S INTRODUCTION OF DESTINATION 2000 SELECTION COMMITTEE 2. SELECTION COMMITTEE MEMBERS' PROCESS OF IDEA FORMULATION AND 3. INTRODUCTION OF DESTINATION 2000 COMMITTEE MEMBERS • 4. DESTINATION 2000 COMMITTEE PRESENTATIONS • 5. DESTINATION 2000 REPORT RESPONSES FACILITATED BY DR. ZEUSCHNER 6. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. 1 • MINUTES - MORRO BAY CITY COUNCIL/DESTINATION 2000 COMMITTEE SPECIAL MEETING - SEPTEMBER 9, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. CITY COUNCIL PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember DESTINATION 2000 COMMITTEE MEMBERS PRESENT: Rodger Anderson Karen Bergher Ric Deschler John Geever Kathryn Limon Carolyn Neal Tony Toomey Dr. Raymond Zeuschner (Facilitator) ALSO PRESENT: Bernie Melvin Planning Commissioner Janice Peters Planning Commissioner Howard Smith Planning Commissioner • Jo Merriman led the Pledge of Allegiance. I. MAYOR'S OPENING REMARKS Mayor Yates introduced the following staff members present: Harbor Director Rick Algert, Public Works Director Jon Crawford, Community Development Director Don Funk, Police Chief Dave Howell, Fire Chief Jeff Jones, and Interim Recreation and Parks Director Andrea Lueker. Mayor Yates stated the Destination 2000 Committee was created from a joint meeting between the City Council and Planning Commission in 1991. II. MAYOR'S INTRODUCTION OF DESTINATION 2000 SELECTION Mayor Yates stated the City Council appointed two members: Ben Luna and John Baker (past City Councilmember); and the Planning Commission appointed two members: Janice Peters and Bernie Melvin, to serve as the Selection Committee who chose the Destination 2000 Committee. • MINUTES - MORRO BAY CITY COUNCIL/DESTINATION 2000 COMMITTEE SPECIAL MEETING - SEPTEMBER 9, 1993 PAGE 2 • III. SELECTION COMMITTEE MEMBERS' BACKGROUND OF IDEA FORMULATION AND PROCESS Mayor Yates introduced the Selection Committee as follows: Councilmember Ben Luna reviewed the concept of the Destination 2000 Committee. He said the Selection Committee worked together for six months to establish a Committee which was non -political and adequately represented the community. Councilmember Luna stated the purpose of establishing this Committee was to prioritize goals based on the City's General Plan. Planning Commissioner Bernie Melvin stated the Selection Committee took a hands -off approach to select an independent Committee. Commissioner Melvin said the goals report paints a big picture for the City and hopes all of the goals are evaluated. Planning Commissioner Janice Peters emphasized the importance of community input on the goals report. IV. INTRODUCTION OF DESTINATION 2000 COMMITTEE MEMBERS Mayor Yates introduced the Destination 2000 Committee Members and presented them with Certificates of Appreciation. V. DESTINATION 2000 COMMITTEE PRESENTATIONS Presentations were made by the following Destination Committee Members: John Geever reviewed the background of the Committee process. Rodger Anderson reviewed the prioritization of the goals report based on goals presented to the Committee by the City's department heads and goals presented in a previous report written in 1973. Ric Deschler reviewed historical information on the goals presented in the report. VI. DESTINATION 2000 REPORT RESPONSES FACILITATED BY DR. ZEUSCHNER Dr. Zeuschner opened the public comment period with the following goals as outlined in the report: • • • • MINUTES - MORRO BAY CITY COUNCIL/DESTINATION 2000 COMMITTEE SPECIAL MEETING - SEPTEMBER 9, 1993 PAGE 3 1. PROTECT NATURAL RESOURCES AND OVERALL ENVIRONMENT Rita Larson addressed Item I asking what is meant by resisting annexations? Ric Deschler responded this goal would control the boundaries within the City. Mayor Yates also responded it will maintain the boundaries of Morro Bay as they exist. Jo Merriman addressed Item A and asked for clarification on the national estuary program? Ellen Peryess, President of Friends of the Estuary, reviewed the national estuary program and its funding process. Roger Ewing addressed Item E stating this item is contradictory in that the Rock is a rustic setting wherein Tidelands Park is not. Ric Deschler responded the goal focuses on maintaining the Rock area in its rustic setting. Roger Ewing addressed Item B recommending the City eliminate the planting of eucalyptus trees. Irene Strutters asked how this goals report fits in with the Waterfront Specific Plan? Councilmember Mullen responded an Outreach Program is underway on the Waterfront Specific Plan and consideration will be made to include these goals in the deliberation of the Waterfront Specific Plan. Councilmember Mullen asked if sustainability was discussed? Kathryn Limon responded the proposed goals were considered for generations in the future. 2. PROVIDE A VIABLE WORKING AND ENVIRONMENTALLY SENSITIVE HARBOR AND WATERFRONT Rick Algert addressed Item H stating the City does not have the ability to dredge the state park marina. Dr. Zeuschner stated the way to approach this goal is to ask the City Council to work with the appropriate people that can accomplish this goal. Cathy Cordero addressed Item B asking what is meant by a "parking lot" effect? Ric Deschler responded the report refers to the rows of boats that create an appearance of a parking lot. Cathy Cordero addressed Item C asking for clarification on limited the number of moorings to aesthetic, safety and functional needs. Ric Deschler responded this is an abstract goal in order to keep these objectives in mind. The Committee did clarify this goal is geared towards limiting pleasure boats. MINUTES - MORRO BAY CITY COUNCIL/DESTINATION 2000 COMMITTEE SPECIAL MEETING - SEPTEMBER 9, 1993 PAGE 4 • Cathy Cordero addressed Item J asking for clarification on the cooperative fish processing plant. Ric Deschler responded this goal was created to keep fish processing in Morro Bay. Cathy Novak addressed Item K stating the City needs a state - of -the- art haul -out facility. Larry Shefnick, co-owner of Inn at Morro Bay, addressed Item L asking for clarification on the development of an Embarcadero boardwalk. Dr. Zeuschner responded the discussion was to locate a boardwalk from the North T-Pier along the Embarcadero to Tidelands Park. 3. NURTURE AND PROTECT EXISTING BUSINESSES AND JOBS Roger Ewing stated businesses should serve the need of residents as well as tourists. Mr. Ewing also expressed his concern for the lack of media coverage on this goals report. Karen Bergher responded the Committee has worked with the various media entities regarding coverage of this goals report. Dr. Zeuschner called for a break. 4. ATTRACT A SELECT GROUP OF ENVIRONMENTALLY CONSCIOUS, • FUTURE ORIENTED COMPANIES Councilmember Luna addressed Item D stating the establishment of an Economic Advisory Commission should become a top priority. Roger Ewing addressed Item A expressed his support in facilitating a medical center in Morro Bay. He recommended the consideration of approaching retired medical experts to facilitate a medical center. 5. MARKET MORRO BAY Item A - Establish and_nromote Morro Bay as a non -smokier Cit The following people expressed support of Item A: Dr. Patrick Vaughan, Roger Ewing, and Carol Grant. The following people expressed opposition to Item A: Carla Main, President of Morro Bay Motel/Restaurant Association, Cathy Cordero, Larry Shefnick, and Cathy Novak. Roger Ewing encouraged the City consider a marathon from Cayucos to Morro Bay. Al Paul recommended the City consider posting an entrance sign • which describes what Morro Bay has to offer. MINUTES - MORRO BAY CITY COUNCIL/DESTINATION 2000 COMMITTEE SPECIAL MEETING - SEPTEMBER 9, 1993 PAGE 5 • 6. MAINTAIN MORRO BAY AS A TOURIST HAVEN Roger Ewing stated community spirit is needed between neighboring communities in the County. Larry Shefnick stated the Inn at Morro Bay would like to offer their facility as a meeting/conference center. 7. ENCOURAGE AND DEVELOP FACILITIES AND PROGRAMS FOR OUR YOUTH AND SENIORS Roger Ewing encouraged the City consider a skateboard park. Mr. Ewing also encouraged the consideration of a mentor program between seniors and high school students in the community. Cathy Cordero stated there is a need for improved transportation between Morro Bay and Los Osos for youth access. 8. MAINTAIN AN ECONOMICALLY BALANCED RESIDENTIAL COMMUNITY Bernie Melvin asked for clarification on Items C and G in order to help facilitate the Planning Commission's review of • the zoning ordinance. Ric Deschler responded the intent of these goals is to improve poorly -zoned areas. Al Paul stated re -zoning is needed to encourage business opportunity in the City. Ed McCracken requested re -zoning that will allow for business dwelling quarters. 9. IMPROVE CITY FACILITIES AND SERVICES Jo Merriman stated parades need to be brought back to Morro Bay. Rick Algert asked for clarification on Item J relating to lifeguard services. Ric Deschler responded this goal is to maintain and improve the existing lifeguard services. Howard Smith addressed Item K stating the replacement of Twin Bridges should be higher on the priority list. Hilda Heifetz addressed the Council and Committee as a representative from the League of Women Voters. Clem Jeffries stated the beach at the Rock needs to be made more attractive for those who patronize the beach. MINUTES - MORRO BAY CITY COUNCIL/DESTINATION 2000 COMMITTEE SPECIAL MEETING - SEPTEMBER 9, 1993 PAGE 6 • Ed McCracken stated a bridge is needed across Morro Creek which will be large enough for emergency vehicles. Tony Toomey responded the Committee discussed a road that will accommodate larger vehicles but limiting it to pedestrians and bicycles. Kathryn Limon stated a secure tax base is needed to promote the goals report. City Council and Planning Commission comments were as follows: Councilmember Luna stated he looks forward to following up on the proposed goals. Councilmember Luna excused himself from the meeting at this time due to another commitment. Councilmember Mullen stated the report is short, concise and readable and thanked the Committee for their efforts. She said more public input is needed on these proposed goals. Councilmember Mullen addressed the following issues: harbor - uniformity of enforcement throughout the jurisdictions is needed; smoking - the City needs to create an Outreach Program to involve public participation in reviewing this issue; tourism - the City needs to make improvements such as connecting Morro Bay Boulevard with the Embarcadero in order • to facilitate the amount of tourism that is promoted; maintain a level of tourism which does not over -tax our natural resources and environment; balance business/tourism needs with those of the residents; sustainability - create a way to become a model community as a sustainable community. Councilmember Mullen also encouraged programs for all age groups and expressed the need for integrating the various races in the community. Councilmember Crotzer expressed his support of the Committee and the goals report produced as a whole. He said Morro Bay is a manageable -sized community which encourages a participatory government. Councilmember Crotzer stated more information and public education is needed on the "smoke -free" City issue. Councilmember Unger expressed her gratitude to the Committee for producing a fine document. She said she particularly appreciated the goals referring to the Cloisters issue and water reclamation. Mayor Yates expressed his support for the following items: he would like public art to become a priority; more slips provided for commercial fishing boats; nurture and protect existing businesses and jobs; Med-Stop needs to be a priority; n U MINUTES - MORRO BAY CITY COUNCIL/DESTINATION 2000 COMMITTEE SPECIAL MEETING - SEPTEMBER 9, 1993 PAGE 7 • a Conference Center is needed in Morro Bay; and the need for youth and senior programs. Mayor Yates expressed his opposition to the non-smoking ban and said it should be a business decision. Planning Commissioner Bernie Melvin stated the Selection Committee indicated to the Destination 2000 Committee that they were going to be holding the City accountable for implementing this plan. Planning Commissioner Janice Peters stated the Selection Committee requested the Destination 2000 Committee to focus on the already existent goals which were prepared in 1973 as a basis for this proposed goals report. Planning Commissioner Howard Smith stated additional growth and tourism is needed for the tax base; however, Morro Bay should be preserved as a City with small-town charm. Mayor Yates stated growth should be kept in balance. Committee comments were as follows: Ric Deschler stated as a diverse Committee, they came up with workable compromises. • Karen Bergher thanked City staff for the education and guidance they provided to the Committee. Rodger Anderson stated the Committee did not prioritize goals based on economics since it was a "wish list" report. He said the Committee would like to receive a progress report on the goals implemented. John Geever stated the youth and senior programs deserve a higher priority. Carolyn Neal stated serving on this Committee was a great learning experience. Kathryn Limon stated the City needs to become self-sufficient. She said the City needs a seven-day bus service. Ms. Limon also stated the term "non-smoking" is a negative statement, and the City should be a can -do town rather than a can't -do town. Tony Toomey stated serving on this Committee was a great learning experience. Mayor Yates addressed Council for direction. • MINUTES - MORRO BAY CITY COUNCIL/DESTINATION 2000 COMMITTEE SPECIAL MEETING - SEPTEMBER 9, 1993 PAGE S • Councilmember Mullen stated funding is needed to advertise further meetings to discuss the proposed goals report. Mayor Yates suggested scheduling discussion on funding for advertising for an Outreach Program at the City Council meeting of October 11, 1993. Mayor Yates stated one more public meeting is needed for public input and another meeting for final adoption. VII. ADJOURNMENT MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Mullen and unanimously carried. (4-0) The meeting adjourned at 9:15 p.m. Recorded by: BRIDGETT DAVIS • City Clerk L] 0 • City Of Morro B ay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. SPECIAL MEETING — AUGUST 31, 1993 � CITY HALL CONFERENCE ROOM — 5:30 P.M. 595 HARBOR ST., MORRO BAY, CA LSi]MNARM PUBLIC COMMENT PERIOD — Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 INTERVIEW CANDIDATES FOR APPOINTMENT TO THE PLANNING COMMISSION F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPEC— TION AND REPORDUCTION AT COST. n • • NOT=CE OF SPECSAL MElorrmwG NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Monday, August 30, 1993 at 5:30 p.m. in the Morro Bay Community Center Studio Room, 1001 Kennedy Way, Morro Bay, California. Council will adjourn to Closed Session to consider the following: GOVERNMENT CODE §54956.8. REAL PROPERTY NEGOTIATIONS ♦ FINANCING DOCUMENTS FOR MORRO BAY MARINA PARTNERSHIP GOVERNMENT CODE 654956.9(A), PENDING LITIGATION ♦ REPLY TO FINAL REPORT OF THE GRAND JURY RE: MORRO BAY WATER GOVERNMENT CODE & 54956.9. POTENTIAL LITIGATION ♦ RESIDENT LITIGATION AGAINST THE CITY OF MORRO BAY • GOVERNMENT CODE G 54957. PERSONNEL Council will open the meeting to consider the following: ♦ PROPOSED LETTER TO RESIDENTIAL WAITING LIST CUSTOMERS REGARDING TRANSFERABILITY ♦ DISCUSSION OF POSSIBILITY OF CITY OF MORRO BAY BORROWING OR RENTING A TROLLEY FROM SAN LUIS OBISPO FOR THE HARBOR FESTIVAL (LUNA) ♦ COUNCIL DECISION ON WHETHER TO PROCEED WITH PLANNING COMMISSION INTERVIEWS (AUGUST 31, 1993) DATED: AUGUST 27, 1993 WILLIAM YATES, I�aybr LJ City of Morro B$y,\California 0 MINUTES - MORRO BAY CITY COUNCIL • CLOSED SESSION - AUGUST 30, 1993 COMMUNITY CENTER CONFERENCE ROOM- 5:30 P.M. Mayor Yates called the meeting to order at 5:30 p.m. PRESENT: William Yates Mayor Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: Colby Crotzer Councilmember STAFF: Forrest Henderson City Administrator David Hunt City Attorney E. CLOSED SESSION MOTION: Councilmember Unger moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) The meeting adjourned to Closed Session at 5:30 p.m. Mayor Yates read the Closed Session statement. • Council discussed the following Closed Session Items: GOVERNMENT CODE G54956.8,_REAL PROPERTY NEGOTIATIONS ♦ FINANCING DOCUMENTS FOR MORRO BAY MARINA PARTNERSHIP GOVERNMENT CODE 654956.9(A). PENDING LITIGATION ♦ REPLY TO FINAL REPORT OF THE GRAND JURY RE: MORRO BAY WATER GOVERNMENT CODE §54956 9 POTENTIAL LITIGATION ♦ RESIDENT LITIGATION AGAINST THE CITY OF MORRO BAY MOTION: Councilmember Unger moved the City Council adjourn to Open Session. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) The meeting returned to Open Session at 5:50 p.m. MOTION: Councilmember Luna moved that a Personnel item be added on the agenda. The motion was seconded by Councilmember Unger and unanimously carried. (4-0) The meeting was then attended by Interim Recreation and Parks • Director Andrea Lueker and Recreation and Parks Commissioner Mary Jane Puett. 1 • The City Council discussed with Ms. Lueker and Ms. Puett their desire to extend to Mr. Merriman a position with the City which would conflict with his membership on the Recreation and Parks Commission. • MOTION: Councilmember Mullen moved that the City Council extend another position to Mr. Merriman, and that the Mayor should contact Mr. Merriman to extend this function to him and also ask him to step down from the Recreation and Parks Commission so as not to conflict with City code requirements of serving on two advisory capacities at the same time. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) MOTION: Councilmember Unger moved the City Council adjourn to Closed Session. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) The meeting returned to Closed Session at 6:25 p.m. The City Council discussed: GOVERNMENT CODE 454957, PERSONNEL MOTION: Councilmember Unger moved the City Council adjourn to Open Session. The motion was seconded by Councilmember Mullen and unanimously carried. (4-0) The meeting returned to Open Session at 7:05 p.m. MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - AUGUST 30, 1993 COMMUNITY CENTER STUDIO ROOM - 7:05 p.m. Mayor Yates called the meeting to order at 7:05 p.m. ROLL CALL PRESENT: William Yates Ben Luna Susan Mullen Ahnawake Unger ABSENT: Colby Crotzer STAFF: Forrest Henderson David Hunt Bridgett Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney City Clerk 2 • DISCUSSION OF POSSIBILITY OF CITY OF MORRO BAY BORROWING OR RENTING A TROLLEY FROM SAN LUIS OBISPO FOR THE HARBOR FESTIVAL Councilmember Luna gave the City Council background information on the possibility of renting a trolley from the City of San Luis Obispo for use during the Harbor Festival. Councilmember Luna expressed the City of San Luis Obispo's concerns regarding this option which included the City of San Luis Obispo's fear that renting the trolley would set a precedent, and also the cost may be $300 per day plus gas which would equate to $2.50 per mile. Councilmember Luna indicated that Harbor Festival Inc. would provide insurance coverage for the trolley. MOTION: Councilmember Luna moved the City Council direct the City Administrator send a letter to the City of San Luis Obispo City Council requesting use of their back- up trolley for the 1993 Harbor Festival to be held October 2 and 3, 1993 with rental arrangements being paid by the City of Morro Bay and reimbursed by Harbor Festival Incorporated. The motion was seconded by Councilmember Unger and unanimously carried. (4-0) GRAND JURY REPORT REGARDING MORRO BAY WATER • MOTION: Councilmember Unger moved that an item be added on the agenda regarding the Grand Jury Report regarding Morro Bay water. The motion was seconded by Councilmember Mullen and unanimously carried. (4-0) City Attorney David Hunt reviewed the Grand Jury report and recommended Council approve the response to the report. Councilmember Mullen requested an amendment to the response to include a paragraph regarding the City of San Luis Obispo's rejection of the Coastal Streams Project. MOTION: Councilmember Mullen moved to approve the amended response to the Grand Jury Report and authorize the Mayor to sign the amended response to the report. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) PROPOSED LETTER TO RESIDENTIAL WAITING LIST CUSTOMERS REGARDING TRANSFERABILITY The City Council reviewed and amended the proposed letter to residential waiting list customers regarding transferability. 3 MOTION: Councilmember Unger moved Council approve the amended • letter to residential waiting list customers regarding transferability. The motion was seconded by Councilmember Mullen and unanimously carried. (4-0) COUNCIL DECISION ON WHETHER TO PROCEED WITH PLANNING COMMISSION INTERVIEWS MOTION: Councilmember Mullen moved to set Wednesday, September 15, 1993 at 5:30 p.m. in the City Hall Conference Room to interview the Planning Commission applicants. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) MOTION: Councilmember Mullen moved the meeting be adjourned. The motion was seconded by Councilmember Unger and unanimously carried. (4-0) The meeting adjourned at 8:10 p.m. Recorded by: BRIDGETT DAVIS City Clerk E .f City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. REGULAR MEETING - AUGUST 23, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE LIGHTEN UP MAYOR'S REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS (CITY COUNCIL) !. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF JULY 26, 1993 A-2 WATER SUPPLY STATUS REPORT A-3 STATEMENT OF CASH AND INVESTMENTS - JULY 1993 A-4 EXPENDITURE REPORT - JULY 1993 A-5 PROPOSED LETTER TO RESIDENTIAL WAITING LIST CUSTOMERS REGARDING TRANSFERABILITY A-6 APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO CALL FOR BIDS - SLIP RECONSTRUCTION/REPLACEMENT PROJECT A-7 AUTHORIZATION TO FILL VACANCY ON WATER ADVISORY BOARD; SET DATE TO INTERVIEW APPLICANTS FOR VACANCY ON PLANNING COMMISSION (AUGUST 31, 1993) A-8 PROCLAMATION DECLARING SEPTEMBER AS "U.S. CONSTITUTION MONTH" 0-9 APPRECIATION OF SERVICE PROCLAMATION FOR FIRE CAPTAIN STAN THOMAS 1 10 IMPLEMENTATION OF FINAL DOCUMENTS ON MUNI-LEASE PROGRAM FOR POLICE DEPARTMENT VEHICLES A-11 APPROVAL OF FRANCHISE ADVISORY BOARD BY-LAWS A-12 APPROVAL REGARDING FINANCING DOCUMENTS FOR MORRO BAY MARINA PARTNERSHIP B. UNFINISHED BUSINESS B-1 JOINT RESOLUTION BY THE COUNTY OF SAN LUIS OBISPO AND CITIES OF MORRO BAY AND SAN LUIS OBISPO FOR THE PROTECTION OF THE MORROS; THIS ITEM WILL BE CONTINUED TO SEPTEMBER 13, 1993 B-2 CLARIFICATION OF IMPLEMENTATION OF NEW BUILDING PERMIT FEE C. NEW BUSINESS C-1 CONSIDERATION OF CHAMBER OF COMMERCE REQUEST FOR LEGAL OPINION REGARDING THE SIGN ORDINANCE C-2 DISCUSSION ON EXISTING REGULATIONS OF "A -FRAME" SIGNS C-3 STATUS OF INVESTIGATION OF UNACCOUNTED WATER LOSS C-4 REVIEW OF LEASE WITH PG&E FOR GEAR STORAGE AREA PROPERTY 0-5 PROPOSED OUTREACH PLAN FOR COMMUNICATION OF CITY WATERFRONT SPECIFIC PLAN D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 RECONSIDERATION OF CITY -SPONSORED AFTERSCHOOL CARE PROGRAM AT CAYUCOS ELEMENTARY SCHOOL D-2 CONSIDERATION OF EXTENSION OF SIGN PERMIT 04-88 FOR PROPERTY LOCATED AT 500 EMBARCADERO (DALE MITCHELL, APPLICANT) - THIS ITEM WILL BE CONTINUED TO SEPTEMBER 13, 1993 F. ADJOURNMENT • COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. E • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 23, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: William Yates Mayor Ben Luna Councilmember Susan Mullen Councilmember ABSENT: Colby Crotzer Councilmember Ahnawake Unger Councilmember STAFF: Dave Howell Acting City Admin. David Hunt City Attorney Jon Crawford Public Works Dir. Bridgett Davis City Clerk Rudy Hernandez Finance Director Jeff Jones Fire Chief • Andrea Lueker Int. Rec.&Parks Dir. Councilmember Luna led the Pledge of Allegiance. LIGHTEN UP Dave Howell told a story of a widow's request for her husband's obituary. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates reported on the work that will be taking place by PG&E starting September 1, 1993. Mayor Yates thanked Don Funk for a job well done on the CDBG Block Grant. Mayor Yates reported that the joint resolution regarding the protection of the Morros is being continued to the September 13, 1993 City Council meeting. Mayor Yates reported that the Computer Survey is not acceptable, and will be returned for clarification. Mayor Yates reported that he hopes to have a proposal on the Youth at Risk Program soon. E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 23, 1993 Page 2 • Mayor Yates reported there will be a special Closed Session meeting scheduled next week to discuss the City Council's response to the Grand Jury Report regarding Morro Bay Water. Mayor Yates commended the Morro Bay Lifeguards on their efforts made this summer. Councilmember Mullen reported on the Executive Committee meeting held on Designing the Future for the County of San Luis Obispo. PUBLIC COMMENT Mary Phillips stated according to a law that was passed in July 1990 in the American Disabilities Act (ADA) transmitters should be placed in public places. Mrs. Phillips also stated based on ADA, larger doors should be placed in every structure that is built to accommodate wheelchair access. Ed McCracken expressed his support for extending a bridge between Coleman Drive and Atascadero Road. Aaron Cantoon addressed Item C-2 (Discussion on Existing Regulations of "A" -Frame Signs) and requested Council consider having the City Attorney re-evaluate the sign ordinance. • Roger Ewing addressed Item C-1 (Consideration of Chamber of Commerce Request for Legal Opinion Regarding the Sign Ordinance) stating there is no reason for another legal opinion since the ordinance has been in affect for 18 years, and should be upheld and implemented as written. Mr. Ewing addressed Item C-5 (Proposed Outreach Plan for Communication of City Waterfront Specific Plan) expressing his support and stated it is an ideal opportunity for the City to reach out to its citizens and communicate what is happening on the waterfront. Mayor Yates responded to Mary Phillips stating the Interim Recreation & Parks Director is researching the implementation of a transmitter for public meetings. Mayor Yates responded to Ed McCracken stating discussion on the bridge will be encouraged at the Waterfront Specific Plan public meetings. DECLARATION OF FUTURE AGENDA ITEMS 1:CTiV7 • • L • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 23, 1993 Page 3 A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF JULY 26, 1993 Mr. Howell recommended Council approve the minutes of the regular meeting of July 26, 1993. A-2 WATER SUPPLY STATUS REPORT Mr. Howell recommended Council receive the report for information and file. A-3 STATEMENT OF CASH AND INVESTMENTS - JULY 1993 Mr. Howell recommended Council approve the Statement of Cash and Investments as submitted. A-4 EXPENDITURE REPORT - JULY 1993 Mr. Howell recommended Council approve the Statement of Expenditures as submitted. A-5 PROPOSED LETTER TO RESIDENTIAL WAITING LIST CUSTOMERS REGARDING TRANSFERABILITY Mr. Howell recommended Council review the proposed letter and approve for distribution to the residential waiting list customers. A-6 APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO CALL FOR BIDS - SLIP RECONSTRUCTION/REPLACEMENT PROJECT Mr. Howell recommended Council approve the plans and specifications for Project No. PW 93-02 - Floating Dock Replacement, and authorize staff to call for bids. A-7 AUTHORIZATION TO FILL VACANCY ON WATER ADVISORY BOARD: SET DATE TO INTERVIEW APPLICANTS FOR VACANCY ON PLANNING COMMISSION (AUGUST 31, 1993) Mr. Howell recommended Council accept the resignation of Bruce Risley from the Water Advisory Board, and authorize staff to advertise the vacancy. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 23, 1993 Page 4 • A-8 PROCLAMATION DECLARING SEPTEMBER AS "U S. CONSTITUTION MONTH" Mr. Howell recommended Council adopt the Proclamation declaring September as "U.S. Constitution Month". A-9 RESOLUTION NO 80-93• APPRECIATION OF SERVICE PROCLAMATION FOR FIRE CAPTAIN STAN THOMAS Mr. Howell recommended Council adopt Resolution No. 80-93 commending Stan Thomas for His 24 years of public service upon retirement from the City of Morro Bay. A-10 IMPLEMENTATION OF FINAL DOCUMENTS ON MUNI-LEASE PROGRAM FOR POLICE DEPARTMENT VEHICLES Mr. Howell recommended Council approve the contract to implement the Ford Muni Lease Program. A-11 RESOLUTION NO 78-93• APPROVAL OF FRANCHISE ADVISORY BOARD BY-LAWS Mr. Howell recommended Council adopt Resolution No. 78-93 approving the Franchise Advisory Board by-laws. • A-12 APPROVAL „REGARDING FINANCING DOCUMENTS FOR MORRO BAY MARINA Mr. Howell recommended Council approve the Consent to Assignment and Estoppel Certificate between the City of Morro Bay and Mid - State Bank. Mr. Howell recommended Council pull Items A-10 and A-12 from the Consent Calendar for City Attorney input. Councilmember Mullen pulled Items A-1 and A-5 from the Consent Calendar. MOTION: Councilmember Luna moved to approve the Consent Calendar with the exception of Items A-1, A-5, A-10, and A-12. The motion was seconded by Councilmember Mullen and unanimously carried. (3-0) A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF JULY 26 1993 Councilmember Mullen requested a correction to page five, paragraph six, stating "Vice -Mayor Mullen suggested the item return for a public hearing with more information on Cayucos paying 100% of the cost." MOTION: Councilmember Mullen moved to approve the minutes of • July 26, 1993 as amended. The motion was seconded by Councilmember Luna and unanimously carried. (3-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 23, 1993 Page 5 • A-5 PROPOSED LETTER TO RESIDENTIAL WAITING LIST CUSTOMERS REGARDING TRANSFERABILITY Councilmember Mullen asked for clarification on the following issues of the proposed letter: Item No. 1 - Cons: Councilmember Mullen stated this item needs more specific language emphasizing the fluidity of the list; and, additional language regarding the inflation of property values and the impact on affordable housing. Item No. 3 - Cons: Community Development Director Don Funk responded to this item; he said the people who obtain a position on the list will be those who will be building. Councilmember Luna stated he has proposed alternative language to help clarify the draft letter. Mayor Yates stated this item will be continued to the special meeting scheduled for August 30, 1993. A-10 IMPLEMENTATION OF FINAL DOCUMENTS ON MUNI-LEASE PROGRAM FOR POLICE DEPARTMENT VEHICLES • City Attorney David Hunt recommended Council approve the Muni - Lease Program for the Police Department vehicles. MOTION: Councilmember Mullen moved to approve the contract to implement the Ford Muni -Lease Program. The motion was seconded by Councilmember Luna and unanimously carried. (3-0) A-12 APPROVAL REGARDING FINANCING DOCUMENTS FOR MORRO BAY MARINA PARTNERSHIP City Attorney David Hunt reviewed the financing documents for Morro Bay Marina and recommended Council approve the Consent to Assignment and Estoppel Certificate between the City and Mid - State Bank. Dale Mitchell, attorney for Morro Bay Marina, stated it is critical to move forward with the approval of the financing documents for Morro Bay Marina. MOTION: Councilmember Luna moved to approve the financing documents for Morro Bay Marina as presented by the City Attorney. The motion was seconded by Councilmember Mullen and unanimously carried. (3-0) u MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 23, 1993 Page 6 • Mayor Yates presented an Appreciation of Service Resolution commending Fire Captain Stan Thomas for his 24 years of public service upon retirement from the City of Morro Bay. EF B-1 JOINT RESOLUTION BY THE COUNTY OF SAN LUIS OBISPO AND CITIES OF MORRO BAY AND SAN LUIS OBISPO FOR THE PROTECTION OF THE MORROS item was continued to the City Council Meeting of September 13, 1993. B-2 CLARIFICATION OF _IMPLEMENTATION OF NEW BUILDING PERM Community Development Director Don Funk reviewed the new building permit fee for affordable housing recently approved by City Council. Mr. Funk reviewed options for charging the fee and recommended Council approve option #2 - fee is applied only to those building permits which application is received after August 9, 1993. Mayor Yates stated he supports Option #3 for the purpose of allowing permits that are already in the "hopper" to proceed • without requiring an additional fee. Councilmember Mullen stated she supports Option #2 because it seems to be the easiest option to administer. Councilmember Mullen also stated commercial development had an impact on local housing and collecting this fee is one way to build affordable housing to be available for minimum wage employees in the area. Councilmember Luna stated he is not in favor of commercial development being inclusive in this fee structure. Public Works Director Jon Crawford clarified an applicant has six months from application before they are required to pull the building permit and a six month extension can be granted. MOTION: Councilmember Luna moved to apply the building permit fee to permits received after January 1, 1994. The motion was seconded by Mayor Yates and unanimously carried. (3-0) D. PUBLIC HEARINGS REPORTS & APPEARANCES D-1 RECONSIDERATION OF CITY -SPONSORED AFTERSCHOOL CARE PROGRAM AT CAYUCOS ELEMENTARY SCHOOL Interim Recreation and Parks Director Andrea Lueker recommended • the City Council not fund the previously requested City -sponsored Afterschool Care Program at Cayucos Elementary School based on MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 23, 1993 Page 7 • the legality and cost recovery issues. Ms. Lueker stated there are other alternatives available to the school. Mayor Yates opened the hearing for public comment. Jan Erickson of the Child Care Resource Connection stated they have chosen to use Camp Fire Girls, Inc. to facilitate an Afterschool Care Program. She thanked staff and Council for their consideration in this matter. Mayor Yates closed the hearing for public comment. No action was taken on this item. D-2 CONSIDERATION OF EXTENSION OF SIGN PERMIT 04-88 FOR PROPERTY LOCATED AT 500 EMBARCADERO (DALE MITCHELL, APPLICANT) This item was continued to the City Council Meeting of September 13, 1993. Mayor Yates opened the hearing for public comment; there were no comments and the public hearing was closed. No action was taken on this item. • C. NEW BUSINESS C-1 CONSIDERATION OF CHAMBER OF COMMERCE REQUEST FOR LEGAL OPINION REGARDING THE SIGN ORDINANCE Acting City Administrator Dave Howell reviewed the request from the Chamber of Commerce Economic Development Committee to obtain a new legal opinion on recommended changes to the City's Sign Ordinance. Mr. Howell stated a previous City Attorney opinion was issued that stated no changes would be permitted to the Sign Ordinance until all signs are brought into compliance; and the current Council direction to staff was to give all non -conforming sign owners until January 1, 1994 to come into compliance. Mr. Howell recommended Council consider the request of the Chamber of Commerce Economic Development Committee, and also send their suggestions to the Planning Commission for their review of Chapter 17 of the Morro Bay Municipal Code. Mayor Yates expressed his concern in supporting this request. He asked Diane Ludin, Chairman of the Economic Development Committee, what is the purpose of the Committee's request? Ms. Ludin responded the purpose of the request is to find out if the ordinance can be amended. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 23, 1993 Page 8 • Councilmember Mullen stated state law implements the ordinance. She said she is not in favor of further attorney research on this matter; however, she supports the Planning Commission reviewing the ordinance as part of their Title 17 review. City Attorney David Hunt encouraged the Committee to respond on their reasons of why the previous attorney opinion is incorrect. MOTION: Mayor Yates moved Council decline to direct the City Attorney for a legal opinion as requested by the Chamber of Commerce Economic Development Committee. The motion was seconded by Councilmember Luna and unanimously carried. (3-0) MOTION: Councilmember Luna moved Council direct the Planning Commission to begin the evaluation of the Sign Ordinance in Title 17 of the Morro Bay Municipal Code without slowing the review of the remainder of Title 17; and, also that the Planning Commission work with the business community for their input in this review. The motion was seconded by Councilmember Mullen and unanimously carried. (3-0) C-2 DISCUSSION ON EXISTING REGULATIONS OF "A -FRAME" SIGNS • Community Development Director Don Funk reviewed Section 17.68.030 (Prohibited Signs) of the Morro Bay Municipal Code, referring to sandwich board or A -frame signs. Mr. Funk stated these provisions are part of the zoning ordinance which is subject to review of the State Coastal Commission. He said one option is to broaden Ordinance No. 360 (Sidewalk Sales) to allow temporary.A-frame signs for more than just weekends. Mr. Funk recommended Council review the existing regulations and direct staff to initiate changes where deemed appropriate. Councilmember Mullen stated A -frame signs in Title 17 of the Morro Bay Municipal Code are permanent and fixed to the structure; Ordinance No. 360 addresses temporary weekend -type signs that accompany sidewalk sales in the downtown area. Mayor Yates stated he would like to amend Ordinance No. 360 regulating the placement and size of the signs. Councilmember Luna recommended bringing Ordinance No. 360 back for further review, and also ask the City Attorney to clarify any legal complications involved in amending this ordinance. City Attorney David Hunt clarified Title 17 of the Zoning Ordinance is a part of the Local Coastal Plan which does not allow revisions without Coastal Commission approval. r� U 67 • 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 23, 1993 Page 9 MOTION: Councilmember Mullen moved to direct staff to return with background information on the initial findings and purpose of Ordinance No. 360 at a future Council meeting. The motion was seconded by Councilmember Luna and unanimously carried. (3-0) C-3 STATUS OF INVESTIGATION OF UNACCOUNTED WATER LOSS Public Works Director Jon Crawford reviewed the staff report stating the 1992 Annual Water Report reflected a 16.3% differential between the metered amount of water produced, and the amount consumed. He said staff is actively engaged in an investigation of a number of factors potentially contributing to this differential which include: pipeline leakage, production meter calibration, large water meter replacement, and consolidation of water usage data. Mr. Crawford stated the purpose of the investigation and mitigations is to reduce this percentage to the lowest amount feasible with the minimum acceptable being the national average. Mayor Yates asked when the leak detection along the Chorro Valley pipeline was going to be looked at? Mr. Crawford responded City crews are presently testing sections of the pipeline. If the City cannot find any leaks, the City may have to hire a detection firm. Councilmember Mullen asked why 10% water loss is acceptable, and where does the water go? Mr. Crawford responded there are often losses on the water user side, and also when meters wear down they are not as accurate. Mr. Crawford clarified a leak of one drip per two seconds can equal up to 1-2 acre feet loss. No action was taken on this item. C-4 REVIEW OF LEASE WITH PG&E FOR GEAR STORAGE AREA PROPERTY Harbor Director Rick Algert reviewed the lease with PG&E for the Fishermen's Gear Storage Area Project. He said 2/3 of the site will be used for net repair/gear storage managed by Morro Bay Commercial Fishermen's Association, and 1/3 will be used by the City for Harbor Department storage/maintenance yard. Mr. Algert recommended Council approve Resolution No. 81-93 authorizing the Mayor to execute the lease with PG&E and approve payment of the first year's rent of $3,000 out of the Harbor Fund contingency reserve. Councilmember Luna expressed concern with depleting the Harbor's contingency fund by $3,000. Mr. Algert responded it should have been addressed during the budget hearings. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 23, 1993 Page 10 • MOTION: Councilmember Mullen moved to adopt Resolution No. 81- 93 authorizing the Mayor to execute a lease agreement with Pacific Gas & Electric for construction of a gear storage area with a grant from the California Coastal Conservancy. The motion was seconded by Councilmember Luna and unanimously carried. (3-0) Mayor Yates called for a break at 8:45 p.m.; the meeting resumed at 8:55 p.m. C-5 PROPOSED OUTREACH PLAN FOR COMMUNICATION OF CITY WATERFRONT SPECIFIC PLAN Councilmember Mullen reviewed the proposed Public Outreach Program to communicate the times, dates and locations of public hearings to be held on the Waterfront Specific Plan. Mayor Yates stated it is important to have copies of the Waterfront Specific Plan available to the public. Councilmember Luna recommended involving the local high school in promoting the Outreach Program through their school newspaper. He also suggested appointing a sub -committee to create a proposal on the Outreach Program. • Councilmember Mullen suggested scheduling the sub -committee review of the budget and proposed hearing dates for the Outreach Program at the September 27, 1993 Council meeting. Councilmember Mullen stated Councilmember Crotzer is very supportive of the Outreach Program. Mayor Yates nominated Councilmember Crotzer and Councilmember Mullen to serve on the Outreach Program sub -committee. No action was taken on this item. F. MOTION: Councilmember Luna moved the meeting be adjourned. The motion was seconded by Councilmember Mullen and unanimously carried. (3-0) The meeting adjourned at 9:10 p.m. Recorded by: BRIDGE DAVIS ' City Clerk a City Of Morro Bay City Council Agenda ' Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION — AUGUST 9, 1993 CITY HALL CONFERENCE ROOM — 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA ,�-2 GOVERNMENT CODE §54956-8, REAL PROPERTY NEGOTIATIONS REGULAR MEETING — AUGUST 9, 1993 VETERANS MEMORIAL HALL — 6:00 P.M. 209 SURF ST., MORRO BAY, CA • ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE LIGHTEN UP MAYOR'S REPORTS & AN PUBLIC COMMENT PERIOD — Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS (CITY COUNCIL) A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF JULY 12, 1993 A-2 DECLARATION OF SURPLUS PROPERTY A-3 RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN MORRO BAY • PEACE OFFICERS ASSOCIATION AND THE CITY OF MORRO BAY 1 4 RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN SEIU LOCAL NO. 817 AND THE CITY OF MORRO BAY A-5 RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN CONFIDENTIAL EMPLOYEES AND THE CITY OF MORRO BAY A-6 RESOLUTION OPPOSING ASSEMBLY BILL 51 A-7 CLAIM REJECTION - RHONDA AND SHOSHONA BROOKS B. UNFINISHED BUSINESS B-1 RESOLUTION ESTABLISHING COMMUNITY DEVELOPMENT AND FIRE DEPARTMENTS RATE SCHEDULES FOR FISCAL YEAR 1993/94 B-2 MORRO BAY HARBOR ENTRANCE IMPROVEMENT PROJECT DETERMINATIONS (PULLED) B-3 SETTING POLICY FOR FUTURE RELATIONSHIP WITH THE HARBOR FESTIVAL, INC. B-4 RESOLUTION ESTABLISHING ORDER OF BUSINESS FOR CITY COUNCIL AGENDA AND DETERMINATION OF SET TIME FOR PUBLIC HEARING ITEMS C. NEW BUSINESS C-1 DISCUSSION ON POLICE DEPARTMENT LONG TERM FLEET REPLACEMENT WITH FORD MOTOR COMPANY MUNI-LEASE PROGRAM •-2 ELECTION OF DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE (OCTOBER 17-19, 1993) D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 REQUEST FOR VACATION OF A PORTION OF HARBOR STREET RIGHT-OF-WAY; EMBARCADERO TO FRONT STREET (APPLICANT - ANDERSON) D-2 PUBLIC HEARING ON TRANSFERS OF WATER EQUIVALENCY CREDITS FROM COMMERCIALLY -OWNED PROPERTY TO ANOTHER COMMERCIAL PROPERTY D-3 PUBLIC HEARING ON RESIDENTIAL LONG-TERM WAITING LIST POLICY F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. • • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - AUGUST 9, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Forrest Henderson City Administrator David Hunt City Attorney E. CLOSED SESSION MOTION: Councilmember Luna moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. • The meeting adjourned to Closed Session at 5:15 p.m. and returned to regular session at 5:55 p.m. F. ADJOURNMENT MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 5:55 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 9, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 9, 1993 PAGE 2 . ABSENT: None STAFF: Forrest Henderson David Hunt Rick Algert Jon Crawford Bridgett Davis Don Funk Rudy Hernandez Dave Howell Jeff Jones Jeff Jones led the Pledge of Allegiance. LIGHTEN UP City Administrator City Attorney Harbor Director Public Works Dir. City Clerk Comm. Dev. Dir. Finance Director Police Chief Fire Chief Gary Ryan told a joke about musicians without girlfriends who are considered homeless. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates introduced his mother and aunt. Mayor Yates thanked Councilmember Mullen for filling in as Vice - Mayor at the City Council meeting of July 26, 1993. • Mayor Yates announced the Neighborhood Watch Committee held a meeting last week and encouraged citizens to participate in the program. Mayor Yates announced the San Luis Obispo Symphony will be performing Saturday, November 6, 1993, at 5:00 p.m. at the Community Center. Mayor Yates announced a community meeting is scheduled for September 15, 1993. Mayor Yates announced "Unsolved Mysteries" will be filming a segment on a homicide that took place in Morro Bay. Mayor Yates announced the CDBG Block Grant has been approved for Peoples Self Help Housing project in the amount of $480,000. Mayor Yates announced Congressman Huffington will be speaking at City Park on Wednesday, August 25, 1993 from 10:30 a.m. Councilmember Mullen announced she attended a San Luis Obispo Council of Government meeting regarding the Governor's strategic plan for growth management. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 9, 1993 PAGE 3 • PUBLIC COMMENT Ed Stiger, 1680 Main Street, requested Council consider a plan to generate funds for additional parking outside of Tratel Trailer Park on Errol Street. He said patrons and employees of Margie's Diner use the trailer park spaces; this situation has been reported to the Police Department. Mayor Yates referred him to Police Chief Dave Howell. Sandi Ford, representative of SEIU, spoke in regards to Item A-4 (Resolution Approving Memorandum of Understanding Between SEIU Local No. 817 and the City of Morro Bay) and thanked the Council for their consideration of the City's employees. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Mullen requested an item be agendized addressing an up -date on the Mimosa Street Assessment District. Mayor Yates requested an item be agendized to re-create a City newsletter. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, • the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF JULY 12, 1993 Mr. Henderson recommended Council approve the minutes of July 12, 1993. A-2 DECLARATION OF SURPLUS PROPERTY Mr. Henderson recommended Council declare as surplus one 1982 Dodge Wide -One transit vehicle, City Equipment No. 1889. A-3 RESOLUTION NO. 70-93 APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN MORRO BAY PEACE OFFICERS ASSOCIATION AND THE CITY OF MORRO BAY Mr. Henderson recommended Council adopt Resolution No. 70-93 approving the Memorandum of Understanding between Morro Bay Peace Officers Association and the City of Morro Bay. A-4 RESOLUTION NO. 69-93 APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN SEIU LOCAL NO. 817 AND THE CITY OF MORRO BAY Mr. Henderson recommended Council adopt Resolution No. 69-93 approving the Memorandum of Understanding between SEIU Local No. 817 and the City of Morro Bay. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 9, 1993 PAGE 4 • A-5 RESOLUTION NO. 71-93 APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN CONFIDENTIAL EMPLOYEES AND THE CITY OF MORRO BAY Mr. Henderson recommended Council adopt Resolution No. 71-93 approving the Memorandum of Understanding between Confidential Employees and the City of Morro Bay. A-6 RESOLUTION NO. 73-93 OPPOSING ASSEMBLY BILL 51 Mr. Henderson recommended Council adopt Resolution No. 73-93 voicing its opposition to Assembly Bill 51. Mr. Henderson said a copy of this resolution will be sent to the League of California Cities. A-7 CLAIM REJECTION - RHONDA AND SHOSHONA BROOKS Mr. Henderson recommended Council reject the claim submitted by Rhonda and Shoshona Brooks. MOTION: Councilmember Luna moved to approve the Consent Calendar. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) B. UNFINISHED BUSINESS • B-1 RESOLUTION NO. 76-93 ESTABLISHING COMMUNITY DEVELOPMENT AND FIRE DEPARTMENTS RATE SCHEDULES FOR FISCAL YEAR 1993/94 Finance Director Rudy Hernandez reviewed the revised rate schedules for the Community Development and Fire Departments for Fiscal Year 1993/94 and recommended Council adopt Resolution No. 76-93. Councilmember Luna asked for clarification on the $75 parking administrative exception fee. Community Development Director Don Funk responded this fee is for an administrative exception permit for parking spaces that do not meet the required standards. Councilmember Luna asked for clarification on the $lot permit inspection fees. Fire Chief Jeff Jones responded that fee is a cap which covers inspections on businesses with multiple permits. Councilmember Mullen stated the .housing in -lieu fee should be doubled if low-income housing is demolished and replaced by a more expensive home. Councilmember Crotzer agreed with Councilmember Mullen that a higher fee should be assessed on those who remove affordable housing. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 9, 1993 PAGE 5 • Councilmember Mullen stated projects that have vested tentative tract maps are based on the ordinances approved at the time of filing. Councilmember Luna stated his opposition to assessing impact fees on commercial development as outlined in the proposal. MOTION: Councilmember Mullen moved to adopt Resolution No. 76- 93 and ask staff to return with the amendment to double the fee regarding affordable housing. The motion was seconded by Councilmember Unger and carried with Councilmember Luna voting no. (4-1) B-2 MORRO BAY HARBOR ENTRANCE IMPROVEMENT PROJECT DETERMINATIONS (PULLED) B-3 RESOLUTION NO. 72-93 SETTING POLICY FOR FUTURE RELATIONSHIP WITH THE HARBOR FESTIVAL, INC. Harbor Director Rick Algert reviewed the policy for future relationship with Harbor Festival, Inc. and recommended Council adopt Resolution No. 72-93 supporting Harbor Festival, Inc. Councilmember Crotzer asked for clarification regarding the $2,000 allocation in the Harbor Fund? Mr. Algert responded that • is a separate line item in the Harbor Department Business Promotion Fund for additional materials and supplies. Councilmember Mullen asked for clarification regarding the non - discretionary funding of Police and Fire Department costs? Mr. Algert responded this has been consistent treatment in this type of special event for over -time costs of City assistance. Councilmember Mullen stated opposition to this requirement. Mayor Yates stated his opposition to the $1,000 Police and Fire Department non -discretionary costs. MOTION: Councilmember Mullen moved to adopt Resolution No. 72- 93 with the deletion of Item No. 4 (Non -discretionary City Personnel Costs). The motion was seconded by Councilmember Luna and unanimously carried. (5-0) B-4 RESOLUTION NO. 77-93 ESTABLISHING ORDER OF BUSINESS FOR CITY COUNCIL AGENDA AND DETERMINATION OF SET TIME FOR PUBLIC HEARING ITEMS City Administrator Forrest Henderson recommended Council adopt Resolution No. 77-93 establishing the revised Order of Business for City Council Agenda and Determination of Set Time for Public Hearing Items from 7:00 p.m. to 7:30 p.m. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 9, 1993 PAGE 6 • Councilmember Crotzer stated Council should maintain the 11:00 p.m. deadline. Mr. Henderson stated an amendment should be made to Item No. 4 (Abstentions/Failure to Vote) adding the words "appearance of conflict of interest" in place of "appearance of interest". MOTION: Councilmember Luna moved to adopt Resolution No. 77-93 with the amendment to Item No. 4 (Abstentions/Failure to Vote). The motion was seconded by Councilmember Unger and unanimously carried. (5-0) MOTION: Mayor Yates moved to direct staff to make Resolution No. 77-93 available to the public at the next three regular City Council meetings. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) Mayor Yates called for a break at 6:50 p.m.; the meeting resumed at 7:05 p.m. D. PUBLIC HEARINGS REPORTS & APPEARANCES D-1 REQUEST FOR VACATION OF A PORTION OF HARBOR STREET RIGHT-OF- WAY; EMBARCADERO TO FRONT STREET (APPLICANT - ANDERSON) • Public Works Director Jon Crawford and Community Development Director Don Funk reviewed the request for vacation of a portion of Harbor Street right-of-way, Embarcadero to Front Street, and offers of dedication of street right-of-way on Embarcadero and Front Street adjacent to Harbor Street. Mr. Crawford recommended Council approve the request for vacation and accept the offers of dedication. Councilmember Crotzer asked for clarification on the encroachments onto the public right-of-way. Mr. Crawford responded the entire area is included within the vacation. He said the street width will not be affected; however, there will be an encroachment into the parkway width. Councilmember Unger asked for clarification on the vacation of the five-foot strip on Harbor. Mr. Crawford responded staff worked with the developer to try to eliminate a poor architectural feature along the back of the building, and decided moving the building away from the rear property line was the best design feature. Mayor Yates opened the hearing for public comment. Mark Allen, representative for applicant, presented Council with a plot map and reviewed the proposal. He stated with the configuration and location of the property, the community will be • better served by some rearrangement of the lot. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 9, 1993 PAGE 7 • Nancy Bast expressed her opposition stating the proposed location is in front of a main view site of the harbor. She said a wider sidewalk is needed because it is a major pedestrian traffic way. Roger Anderson, applicant, reviewed the proposal and said he and Mr. Allen met with staff and worked out a proposal that would be beneficial to the waterfront and business community. Roger Ewing stated he approves of the proposed project. He said the mural on the back wall will be a benefit to the waterfront. Frank St. Denis stated the realignment of the building will benefit the two art galleries that will be occupied in the building. Mayor Yates closed the hearing for public comment. Councilmember Mullen asked if staff had considered a smaller building for the applicant's proposal which would fit within the parameters of the existing lot? Mr. Funk responded complying with all of the setbacks required by code would severely impact the size of the structure. Councilmember Mullen stated this proposed project will block a major view corridor, and she wished the City could buy the property in lieu of blocking the view. • Councilmember Mullen stated she was voting in favor of approving the project because it looks like a "done deal". Councilmember Unger asked where the fire hydrant will go and who will incur the cost? Mr. Crawford responded it will be located close to the corner, and the applicant will pay for it. Councilmember Crotzer asked Mr. Crawford what his recommendation is based on? Mr. Crawford responded the recommendation is based on the right-of-way and circulation surrounding the project. Councilmember Unger asked if the proposed structure meets the height limit? Mr. Funk responded yes, the roof peak is at 28 feet. The consensus of the Council was in support of the project. MOTION: Mayor Yates moved to adopt Resolution No. 74-93 vacating a five-foot wide portion of Harbor Street between Embarcadero Road and Front Street. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 9, 1993 PAGE S • MOTION: Mayor Yates moved to adopt Resolution No. 75-93 accepting offer of dedication of right-of-way on Embarcadero Road and Front Street north of and adjacent to Harbor Street. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) D-2 PUBLIC HEARING ON TRANSFERS OF WATER EQUIVALENCY CREDITS FROM COMMERCIALLY -OWNED PROPERTY TO ANOTHER COMMERCIAL PROPERTY Community Development Director Don Funk reviewed the request of Mr. Harry Rogers to demolish the Pacific Cafe at the Bay Breeze Motel and construct a new restaurant on another property near the existing restaurant. Mr. Funk stated the Water Advisory Board heard Mr. Roger's request and recommended the City Council change its existing regulations which preclude transfers of water equivalency units from one property to another. Councilmember Crotzer asked if the Water Advisory Board discussed the issue of a developer purchasing property to obtain water rights and moving the water to another location? Mr. Funk responded the Water Advisory Board did discuss transferring a commercial use to commercial use as well as specific use to specific use. • Councilmember Mullen asked why the staff report was so short since this item had been discussed many times previously, and the previous unfavorable opinions on this process had not been presented? Councilmember Mullen stated this would set a very dangerous precedent that could potentially eliminate high water users such as laundry mats, fish processing or restaurants as they would be bought for their water and then the use would be eliminated. Councilmember Mullen stated past Council discussions on this issue came to the conclusion that water should not be made into a commodity and could not support this process. Mayor Yates stated he is supportive of reviewing this issue. Councilmember Unger stated public input is needed on this issue. She said both Cayucos and Cambria allow the transfer of commercial water equivalencies. Mayor Yates opened the hearing for public comment. Roger Ewing stated this issue changes water from a necessity into a commodity. He said this citizen request would create a precedence. Nancy Bast stated she dislikes the inconsistency of having an item brought to Council by an advisory board. • Mayor Yates closed the hearing for public comment. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 9, 1993 PAGE 9 • Councilmember Unger asked staff what happens with the transfer of water from one property to another? Mr. Funk responded if water is taken from one property to another, the one property would have zero water equivalencies and would have to retrofit to obtain water. City Attorney David Hunt stated setting precedence is a complex issue and will take some effort to resolve. Councilmember Mullen stated other methods (i.e. retrofit) are available to Mr. Rogers in order to obtain water equivalencies. Councilmembers Mullen and Luna agreed that this item should be tabled. Councilmember Unger asked if there are retrofits left for Mr. Rogers to proceed with his project? Mr. Crawford responded there should be enough retrofits for this project. MOTION: Councilmember Luna moved to table this item and direct staff to advise the Water Advisory Board not to discuss this issue without Council direction. The motion was seconded by Councilmember Crotzer and carried with Councilmember Unger and Mayor Yates voting no. (3-2) • Mayor Yates called for a break at 8:20 p.m.; the meeting resumed at 8:35 p.m. D-3 PUBLIC HEARING ON RESIDENTIAL LONG-TERM WAITING LIST POLICY Community Development Director Don Funk reviewed the current City policy regarding the transfer of positions on the Residential Waiting List from one property owner to a new buyer. Councilmember Luna said his concern with the transferability is based on the property owner who continues to wait while property owners ahead on the list sell their positions on the list. Mayor Yates opened the hearing for public comment. The following people expressed their support of transferability on the Residential Waiting List: Roger Ewing, Steve Pascal, Linda Campeggi, Twyla Breen, Louise Tucker, Brad Gilton, H.A. Northington, Larry Hay, Steve Lorenco, Mary Maloney, and Jack Franklin. Mayor Yates closed the hearing for public comment. Mayor Yates expressed his support in doing away with restrictions of the waiting list. 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 9, 1993 PAGE 10 • Councilmember Mullen expressed her support in changing the format. Councilmember Crotzer stated changing the format will create a commodity and increase property values. City Attorney David Hunt expressed his concern with altering the existing list and diluting property rights. Councilmember Unger recommended maintaining the 77 allocations for this present year and reorganize the remaining list based on longevity of ownership. Councilmember Luna stated he supports the transferability with reservations based on the rights of the individuals remaining on the waiting list; he believes there are legal concerns that require research before taking action. Mayor Yates stated a property owner has the right to sell their lot at a fair market value; if they cannot sell their position on the list, their lot is either not sellable or sellable at a low market value. Councilmember Mullen stated findings are needed regarding the impact to property owners who are lower on the waiting list. • MOTION: Councilmember Luna moved to direct the City Attorney to analyze the legal aspects of transferability on the Residential Waiting List and return with an opinion at the next available meeting. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) MOTION: Councilmember Luna moved staff be directed to draft a letter to be mailed to all applicants on the Residential Waiting List explaining the policies of the waiting list; and schedule the review of the draft letter on the Consent Calendar of the August 23, 1993 City Council meeting. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) �J_: m;it"tJ_*!W C-1 DISCUSSION ON POLICE DEPARTMENT LONG TERM FLEET REPLACEMENT WITH FORD MOTOR COMPANY MUNI-LEASE PROGRAM Police Chief Dave Howell reviewed the Police Department's proposal to begin a long term fleet replacement program which would utilize a three-year lease/purchase agreement with Ford Motor Company. He said the proposal should result in a better maintained, newer fleet with associated savings from having newer vehicles under factory warranty. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 9, 1993 PAGE 11 The consensus of the Council was in support of the lease/purchase i agreement with Ford Motor Company. MOTION: Councilmember Mullen moved Council support the agreement, direct the Finance Director and City Attorney to review and finalize the lease/purchase agreement with Ford Motor Company, and return the agreement as a Consent Calendar Item scheduled for the next available City Council meeting. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) C-2 ELECTION OF DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE (OCTOBER 17-19, 1993) City Administrator Forrest Henderson reviewed the need to appoint a voting delegate from the City to the League of California Cities Annual Conference to be held October 17-19, 1993 in San Francisco. MOTION: Councilmember Unger moved to appoint Mayor Yates as voting delegate at the League of California Cities Annual Conference. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) • E. CLOSED SESSION MOTION: Councilmember Unger moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 10:10 p.m. F. MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) The meeting adjourned at 10:47 p.m. Recorded by: BRIDGEUUTT DAVIS City Clerk ,i m 11 yq� City Of Morro Bay • City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. REGULAR MEETING - JULY 26, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE LIGHTEN UP MAYOR'S REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings itemp under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. _DECLARATION OF FUTURE AGENDA ITEMS (CITY COUNCIL) �. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL AMENDMENT TO MINUTES OF THE REGULAR MEETING OF JUNE 28, 1993 A-2 WATER STATUS SUPPLY REPORT A-3 STATEMENT OF CASH AND INVESTMENTS - JUNE 1993 A-4 EXPENDITURE REPORT - JUNE 1993 A-5 RESOLUTION NO.67-93 ESTABLISHING MORRO BAY MUNICIPAL CODE AD HOC COMMITTEE A-6 RESOLUTION NO. 65-93 RATIFYING SUBMITTAL OF APPLICATION FOR REGIONAL SURFACE TRANSPORTATION PROGRAM FUNDING FOR REPLACEMENT 16-PASSENGER TRANSIT VEHICLE A-7 RESOLUTION NO. 66-67 RATIFYING SUBMITTAL OF APPLICATION FOR REGIONAL SURFACE TRANSPORTATION PROGRAM FUNDING FOR SOUTH BAY BOULEVARD REHABILITATION PROJECT • 1 UNFINISHED BUSINESS 46* NONE C. NEW BUSINESS C-1 DISCUSSION OF NEW CEQA REGULATIONS (PULLED) C-2 CONSIDERATION OF CITY SPONSORED AFTERSCHOOL CARE PROGRAM AT CAYUCOS ELEMENTARY SCHOOL C-3 RESOLUTION NO. 68-93 SUPPORTING OPEN SPACE PROTECTION OF THE MORROS C-4 DISCUSSION ON STARTING PUBLIC HEARINGS AT 7:30 P.M. INSTEAD OF 7:00 P.M. D. PUBLIC HEARINGS REPORTS & APPEARANCES D-1 REQUEST TO COUNTY OF SAN LUIS OBISPO FOR SUPPORT OF MAINTAINING MORRO BAY LIBRARY SERVICES D-2 REVIEW OF CDBG SEAFOOD PROCESSING GRANT, PHASE I DRAFT REPORT D-3 CONSIDERATION OF PROPOSALS FOR RESIDENTIAL AND COMMERCIAL CURBSIDE RECYCLING SERVICES 46• • COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. PA • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 26, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Vice -Mayor Mullen called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Susan Mullen Vice -Mayor Colby Crotzer Councilmember Ben Luna Councilmember Ahnawake Unger Councilmember ABSENT: William Yates Mayor STAFF: Forrest Henderson City Administrator David Hunt City Attorney Rick Algert Harbor Director Jon Crawford Public Works Dir. Bridgett Davis City Clerk Rudy Hernandez Finance Director Jeff Jones Fire Chief Andrea Lueker Int. Rec.& Park Dir. Councilmember Unger led the Pledge of Allegiance. LIGHTEN UP Hirk Edwards told a story of baseball players. MAYOR'S REPORTS & ANNOUNCEMENTS Vice -Mayor Mullen reported on John King's proposed plans for his property on the Embarcadero. Vice -Mayor Mullen stated the Solid Waste Management Board is close to having a joint powers agreement recommendation to implement AB 939 on a County -wide basis. Councilmember Luna introduced his intern, Andy Oswald, and also introduced his mother. Councilmember Unger introduced her two interns, Jennifer and Jim. PUBLIC COMMENT Ned Rogoway, 150 Formosa, addressed the Council on his letter regarding the Cloisters Precise Plan and its violation of policies in approving a development without a Water Management Plan. r-IL MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 26, 1993 PAGE 2 • Jan Erickson, representative from Child Care Resource Connection, requested Council support of Agenda Item C-2 (Consideration of City Sponsored Afterschool Care Program at Cayucos Elementary School). Roger Ewing expressed his support of Item C-4 (discussion on starting Public Hearings at 7:30 p.m. instead of 7:00 p.m.). DECLARATION OF FUTURE AGENDA ITEMS Councilmember Unger requested an item be agendized to discuss the General Plan Subdivision Approval and Council policy relating to policies 3.01 and 3.03. Councilmember Crotzer requested an item be agendized to discuss the Tree Ordinance pertaining to public property. A. CONSENT CALENDAR A-1 CITY COUNCIL AMENDMENT TO MINUTES OF THE REGULAR MEETING OF JUNE 28, 1993 Mr. Henderson recommended Council approve the amendment to the minutes of the regular meeting of June 28, 1993. • A-2 WATER STATUS SUPPLY REPORT Mr. Henderson recommended Council receive the report for information and file. A-3 STATEMENT OF CASH AND INVESTMENTS - JUNE 1993 Mr. Henderson recommended Council approve the Statement of Cash and Investments as submitted. A-4 EXPENDITURE REPORT - JUNE 1993 Mr. Henderson recommended Council approve the Statement of Expenditures as submitted. A-5 RESOLUTION NO.67-93 ESTABLISHING MORRO BAY MUNICIPAL CODE AD HOC COMMITTEE Mr. Henderson recommended Council adopt Resolution No. 67-93 establishing the Morro Bay Municipal Code Ad -Hoc Committee. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 26, 1993 PAGE 3 • A-6 RESOLUTION NO, 65-93 RATIFYING SUBMITTAL OF APPLICATION FOR REGIONAL SURFACE TRANSPORTATION PROGRAM FUNDING FOR REPLACEMENT 16-PASSENGER TRANSIT VEHICLE Mr. Henderson recommended Council adopt Resolution No. 65-93 ratifying the submittal of application for Regional Surface Transportation Program funding for one replacement 16-passenger transit vehicle. A-7 RESOLUTION NO. 66-67 RATIFYING SUBMITTAL OF APPLICATION FOR REGIONAL SURFACE TRANSPORTATION PROGRAM FUNDING FOR SOUTH BAY BOULEVARD REHABILITATION PROJECT Mr. Henderson recommended Council adopt Resolution No. 66-93 ratifying the submittal of an application for Regional Surface Transportation Program funding for the South Bay Boulevard Rehabilitation Project. Councilmember Luna pulled Items A-6 and A-7 from the Consent Calendar. MOTION: Councilmember Luna moved to approve the Consent Calendar with the exception of Items A-6 and A-7. The motion was seconded by Councilmember Unger and unanimously carried. (4-0) • A-6 RESOLUTION NO. 65-93 RATIFYING SUBMITTAL OF APPLICATION FOR REGIONAL SURFACE TRANSPORTATION PROGRAM FUNDING FOR REPLACEMENT 16-PASSENGER TRANSIT VEHICLE A-7 RESOLUTION NO 66-67 RATIFYING SUBMITTAL OF APPLICATION FOR REGIONAL SURFACE TRANSPORTATION PROGRAM FUNDING FOR SOUTH BAY BOULEVARD REHABILITATION PROJECT Councilmember Luna asked if San Luis Obispo Council of Governments made a recommendation on these projects? City Administrator Forrest Henderson stated Item A-6 (submittal of application for Regional Surface Transportation Program funding for replacement 16-Passenger Transit Vehicle) has been given a lower priority and can be pulled from the agenda. He said the City will place that project under another resolution Council previously approved. Public Works Director Jon Crawford responded the application for Regional Surface Transportation Program funding for the South Bay Boulevard Rehabilitation Project was supported by the TTAC Committee for $200,000; the application for the Regional Surface Transportation Program funding for the replacement of the 16-Passenger Transit Vehicle was recommended not to be funded under this program; however, the San Luis Obispo Council of Governments will support other sources of funding for these vehicles. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 26, 1993 PAGE 4 • MOTION: Councilmember Luna moved to table Item A-6 (submittal of application for Regional Surface Transportation Program funding for replacement 16-Passenger Transit Vehicle). The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) MOTION: Councilmember Luna moved to approve Item A-7 (submittal of application for Regional Surface Transportation Program funding for the South Bay Boulevard Rehabilitation Project). The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) B. UNFINISHED BUSINESS NONE C. NEW BUSINESS C-1 DISCUSSION OF NEW CEOA REGULATIONS This item was pulled from the agenda. • ��N.7�i��i):�iSa�iii�i'�_��Y•]�yl�L1�.�Y�T`L•Z•]_�•�:��:1�Z�S7:Iti .: _ • Interim Recreation and Parks Director Andrea Lueker reviewed the request by Child Care Resource Connection, a community service agency, to contract with the Morro Bay Recreation and Parks Department to operate a licensed child care program at the Cayucos Elementary School. Councilmember Unger asked what other agencies have been asked to participate in this program? Ms. Lueker responded Camp Fire Girls and Estero Bay Day School have been approached. Councilmember Unger asked if the additional staff needed to run this program would negatively impact the department? Ms. Lueker responded it would impact the Recreation Cultural Arts and Services Director, Hannah Held. Councilmember Crotzer asked if there is a dollar amount for subsidizing this program at 25% recovery? Ms. Lueker responded approximately $2,500 - $3,500 per year to cover the 25% recovery. Councilmember Luna asked for clarification on the liability problems incurred by Cayucos Elementary in a previous program? Terisa Miller, representative for the Cayucos Elementary PTA, responded the National PTA Organization made the decision of not providing child care due to the cost of insurance. 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 26, 1993 PAGE 5 • Councilmember Luna asked if another non-profit organization can be formed in Cayucos to provide a child care program? Jan Erickson responded the school can provide the space needed for a program but it does not have the resources to provide staff and funding. Councilmember Unger asked staff if the estimated cost includes costs for liability insurance? Ms. Lueker responded it is not included in the cost. Councilmember Crotzer expressed his concern about the expense which may be incurred by the citizens of Morro Bay. Councilmember Luna stated he would like to see additional analysis on other alternatives to this proposed program with City staff assisting Cayucos on how to get started with a child care program. He said additional information is needed relating to subsidizing out -of -City services and the cost of providing liability insurance. Councilmember Unger supported the City becoming involved with Cayucos. Vice -Mayor Mullen suggested the item return for a public hearing with more information on Cayucos paying 100% of the cost. • City Administrator Forrest Henderson suggested the item be scheduled for the August 23, 1993 meeting. No action was taken on this item. C-3 RESOLUTION NO. 68-93 SUPPORTING OPEN SPACE PROTECTION OF THE MORROS County Supervisor Bud Laurent reviewed Resolution No. 68-93 supporting the protection of the Morros and the establishment of regional landmarks. He asked Council not to adopt the resolution at this time so he can approach the City of San Luis Obispo and County Board of Supervisors on this item for maximum public input. This item was continued to a later meeting. No action was taken. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 REQUEST TO COUNTY OF SAN LUIS OBISPO FOR SUPPORT OF MAINTAINING MORRO BAY LIBRARY SERVICES City Administrator Forrest Henderson stated this item is brought before Council based on the County's budgetary constraints and • its impact on the City of Morro Bay Library. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 26, 1993 PAGE 6 • Vice -Mayor Mullen acknowledged the following people to comment on the Morro Bay Library services: Jude Sanner-Long, Morro Bay Librarian, stated County budget cuts have decreased library hours and staff time in Morro Bay. She said Friends of the Library have generated enthusiastic support from the entire community. Ms. Long stated libraries need funding because they create opportunities for young people, they are the future for students, and on -going education for adults. She expressed her fear of the possibility of future cuts which could be disastrous. Myrt Cordon, Interim County Library Director, expressed her concerns with future budgetary cuts county -wide. County Supervisor Bud Laurent stated the 1993/94 County budget may have additional cuts and recommended further discussion wait until the new County Library Director is on staff to review the potential of shifting staff which may re -open the Morro Bay Library on Mondays. Vice -Mayor Mullen opened the hearing for public comment. The following people spoke in support of maintaining Morro Bay Library services: Roger Ewing, Tom Wuriu, Grace Melton, and Jane • Von Koehe. Vice -Mayor Mullen closed the hearing for public comment. Councilmember Luna asked if the County would consider staffing volunteers on Mondays to keep the library opened? Myrt Cordon responded the library cannot be fully run by volunteers due to the privacy of records. Councilmember Luna asked if funds could be transferred from the usage of the County mobile -library to assist in funding local libraries? Ms. Cordon responded the County Bookmobile is not in use at this time due to mechanical problems. Councilmember Unger asked how much money is being recouped by keeping the library closed on Mondays? Ms. Cordon responded approximately $1,000 per week. Councilmember Crotzer expressed his support of maintaining library services on Mondays. Supervisor Laurent stated the South Bay Library has escaped closing their library for a full day by limiting their hours daily by one hour, and recommended the Morro Bay Library consider the same to remain opened on Mondays. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 26, 1993 PAGE 7 • Vice -Mayor Mullen stated she would like the Morro Bay Library to remain open on Mondays and recommended appointing a Council - member to work with the newly -appointed County Library Director in discussing ways to maintain library services. MOTION: Councilmember Luna moved to designate Councilmember Crotzer to serve as representative on a sub -committee to work with Friends of the Library and the County Library Director to maintain Morro Bay Library services. The motion was seconded by Councilmember Unger and unanimously carried. (4-0) Vice -Mayor Mullen called for a break at 7:45 p.m.; the meeting resumed at 8:00 p.m. D-2 REVIEW OF CDBG SEAFOOD PROCESSING GRANT, PHASE I DRAFT REPORT Harbor Director Rick Algert introduced Mike Multari of Crawford, Multari & Starr, who reviewed Phase I of the Seafood Processing Industry Study. Mr. Multari said the goal of this study is to identify issues with current processing sites and to recommend actions that will insure continuance of the processing industry in Morro Bay. He said Phase I identifies the existing processing site directly south of the Harbor Office as the highest ranked • location for potential expansion/upgrading. Mr. Multari said Phase II will be for the consultant to prepare a conceptual design for improvements to the highest ranked site; and Phase III is an economic development plan for the site based on the conceptual design. Vice -Mayor Mullen opened the hearing for public comment; there were no comments and the public hearing was closed. Vice -Mayor Mullen stated since no comments were received on the proposal, Council agrees with the report that the Cordero/Winston site should be designated as the site to be reviewed in the plan. Mr. Multari agreed with Vice -Mayor Mullen's comment. No action was taken on this item. D-3 CONSIDERATION OF PROPOSALS FOR RESIDENTIAL AND COMMERCIAL CURBSIDE RECYCLING SERVICES Public Works Director Jon Crawford reviewed the proposals submitted by ECOSLO/Morro Bay High School Student Coalition and Morro Bay Garbage Service for residential and commercial curbside recycling services. Mr. Crawford recommended Council open the hearing for public comment and then provide staff with direction as appropriate regarding award of a Curbside Recycling Franchise • Agreement. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 26, 1993 PAGE 8 • Vice -Mayor Mullen opened the hearing for public comment. Kurt Kupper, representative of ECOSLO/Morro Bay High School Student Coalition, reviewed the benefits for the students involved in this program as well as the benefits to the community if awarded the Curbside Recycling Franchise Agreement. Mr. Kupper stated their key goal is commitment to the community. Charlie Cattaneo, President of Morro Bay Garbage Service, reviewed their proposal stating they would be able to provide the City with stability if awarded the Curbside Recycling Franchise Agreement. Robert McDougle, 475 Bernardo Avenue, stated he was a past member of the Solid Waste Management Board and helped to evaluate the proposals for the recycling program. Mr. McDougle expressed concerns with the additional cost to the taxpayers if the City awards the contract to ECOSLO/Morro Bay High School Student Coalition, and the number of students involved in the program. The following people spoke in support of the ECOSLO/Morro Bay High School Student Coalition proposal: Lisa Anderson, Amber Ramage, Holly Hansen, Rita Rupp, Justin Gruenwold, Wes Benecutt, Jerry Deitz, Fayla Chapman, Scott Foitale, Bonnie Bracken, Chuck Meisner, Roger Ewing, Jane Von Keohe, Bill Whipple, and Elaine • Janetsy. Don Doubledee, member of the City's Franchise Advisory Board, expressed concerns with both proposals. He said his concerns with the ECOSLO/Morro Bay High School Student Coalition proposal is the support of the school system; the number of students involved in the program; and the hidden cost of the billing and collection by the City. Mr. Doubledee's concern with the Morro Bay Garbage Service proposal does not address the marketing aspects of their program. Jack Curry, 990 Morro Avenue, expressed concerns with the ECOSLO/Morro Bay High School Student Coalition, stating the number of students involved in the program could be a detriment. He said Council needs to consider the best value to the City and its citizens and businesses. John Ryan, Recycling Coordinator for Morro Bay Garbage Service, stated there is a difference between curbside recycling and delivering recyclables to the buy-back centers. Vice -Mayor Mullen closed the hearing for public comment. Councilmember Unger stated she could not support the proposal made by ECOSLO/Morro Bay High School Student Coalition because it • does not fulfill all the required conditions in the Request for Proposal (RFP). MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 26, 1993 PAGE 9 • Councilmember Luna asked for clarification on the school district's support. Mr. Kupper responded the school district is enthusiastic about the program; however, they cannot get involved until a contract is awarded. Councilmember Luna asked for clarification on the billing process proposed by ECOSLO/Morro Bay High School Student Coalition. Mr. Kupper responded the City would add the recycling program bill to the garbage bill. Councilmember Luna asked for clarification on the workman's compensation coverage. Mr. Kupper responded all employees will be covered under ECOSLO's workman's compensation policy. Councilmember Crotzer stated he strongly endorses student involvement. He did express a concern on when the students will be able to collect the recyclables. Mr. Kupper responded due to school hours, early hour collection is necessary. Vice -Mayor Mullen asked staff for further clarification on the billing. Mr. Crawford responded currently there is not a line item for recycling on the garbage bill. He said staff recommendation is to include that cost within the City's franchise fee. Mr. Kupper addressed the bond issue stating the RFP requires two months gross revenue which is approximately $35,000. He said this is significant compared to other cities in the county. Councilmember Luna asked if there is flexibility in the proposal made by ECOSLO/Morro Bay High School Student Coalition to lower the costs; Mr. Kupper responded affirmative. Mr. Crawford stated the costs are just proposals at this time, the final costs in the contract is that which is negotiated. City Attorney David Hunt clarified that this in a Request for Proposal is to accomplish an end, and is not a public contract bid. Councilmember Luna asked about job displacement for employees of Morro Bay Garbage Service if they did not receive the contract? Tom Martin, Controller of Morro Bay Garbage Service, stated there will be no terminations. Councilmember Crotzer stated a risk is worth taking to give the students of ECOSLO/Morro Bay High School Student Coalition a chance to prove their abilities. Councilmember Unger expressed her concern with the fact that • ECOSLO/Morro Bay High School Student Coalition did not fulfill requirements of the Request for Proposal. • • 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 26, 1993 PAGE 10 Vice -Mayor Mullen expressed her support for the ECOSLO/Morro Bay High School Student Coalition stating this is a great opportunity for the youth in our community. Vice -Mayor Mullen said the cost of their proposal needs to be pared down and she does not support a 10% profit overhead and cost of living increase on their contract. Councilmember Luna addressed the stability of Morro Bay Garbage Service; however, ECOSLO/Morro Bay High School Student Coalition should be able to "grow wings and fly" and be successful in this endeavor. Councilmember Luna addressed comments that were made by various people during the public comment period. MOTION: Councilmember Luna moved to direct staff to negotiate its Curbside Recycling Franchise Agreement with ECOSLO/Morro Bay High School Student Coalition with emphasis on paring down costs submitted in their Request for Proposal. The motion was seconded by Councilmember Crotzer and carried with Councilmember Unger voting no. (3-1) Vice -Mayor Mullen called for a break at 10:20 p.m.; the meeting resumed at 10:30 p.m. C-4 DISCUSSION ON STARTING PUBLIC HEARINGS AT 7:30 P.M. INSTEAD OF 7:00 P.M. Vice -Mayor Mullen reviewed the proposal to change the policy of starting public hearings at 7:00 p.m. to 7:30 p.m. Councilmember Luna stated the agenda should maintain a limited number of items under New Business in order for the public hearing to start on time. City Administrator Forrest Henderson reviewed changes to the City Council Policy Statement and said a resolution will be brought back to the next meeting. The Council consensus was in agreement with the policy change. MOTION: Councilmember Luna moved to direct staff to draft a resolution addressing the revisions to the City Council Policy Statement to set the time for Public Hearings at 7:30 p.m. The motion was seconded by Councilmember Unger and unanimously carried. (4-0) 11 E 1] MINUTES - MORRO REGULAR MEETING PAGE 11 F. BAY CITY COUNCIL - JULY 26, 1993 MOTION: Councilmember Unger moved The motion was seconded unanimously carried. (4-0) The meeting adjourned at 10:45 p.m. Recorded By: Bridgett Davis City Clerk the meeting be adjourned. by Councilmember Luna and Q,.1�0 Iz, Igq3 4 City Of Morro B ay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. REGULAR MEETING - JULY 12, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE LIGHTEN UP MAYOR'S REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. S (CITY COUNCIL) Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF JUNE 14, 1993 AND JUNE 28, 1993 A-2 1993 WEED ABATEMENT CHARGES; PW 92-04 A-3 RATIFICATION OF SAN LUIS OBISPO COUNCIL OF GOVERNMENTS JOINT POWERS AGREEMENT FOR FISCAL YEAR 1993/94,.-) 1 A-4 RESOLUTION APPOINTING DAVID R ' HUNT AS CITY ATTORNEY FOR THE CITY OF MORRO BAY A-5 RESOLUTION WAIVING DOCK FEES FOR THE BRIG LADY WASHINGTON A-6 RESOLUTION APPROVING SPECIAL ASSESSMENT TAX ROLLS FOR FISCAL YEAR 1993/94 A-7 RESOLUTION AMENDING PARKS AND RECREATION BUDGET FOR FISCAL YEAR 1993/94 0-8 DECLARATION OF UNCLAIMED/SURPLUS PROPERTY FOR PUBLIC AUCTION •-9 FIRE HYDRANT AND WATERLINE FLUSHING PROGRAM - REQUEST FOR EXEMPTION TO CONSERVATION REQUIREMENTS A-10 RESOLUTION OF INTENTION TO VACATE RIGHT-OF-WAY (HARBOR STREET, BETWEEN FRONT STREET AND EMBARCADERO) A-11 RESOLUTION OF COMMENDATION TO STEPHEN A. WOLTER FOR HIS SERVICES AS MORRO BAY RECREATION AND PARKS DIRECTOR B. UNFINISHED BUSINESS NONE C. NEW BUSINESS C-1 DISCUSSION REGARDING "A -FRAME" TEMPORARY SIGNS C-2 DISCUSSION REGARDING 25% WATER LOSS C-3 AUTHORIZATION TO FILL VACANCY ON PLANNING COMMISSION D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 RESOLUTION ORDERING THE LEVY OF AN ANNUAL ASSESSMENT FOR THE BAYSHORE BLUFFS PARK MAINTENANCE ASSESSMENT DISTRICT O2 RESOLUTION FOR CITY COUNCIL CONSIDERATION OF SUPPORT FOR MEDICAL USE OF MARIJUANA D-3 CONTINUED PUBLIC HEARING REGARDING WAIVER OF CITY FEES FOR PROPOSED AFFORDABLE HOUSING PROJECT (530 MIMOSA STREET; APPLICANT - GLENDA YOUNG) D-4 REQUEST FOR WAIVER OF HOUSING FEE FOR REQUIRED AFFORDABLE HOUSING PER STATE GOVERNMENT CODE §65590 (587 PINEY WAY; APPLICANT - PASCAL) E COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. 2 • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JULY 12, 1993 CITY HALL CONFERENCE ROOM - 4:10 P.M. Mayor Yates called the meeting to order at 4:10 p.m. PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Forrest Henderson City Administrator David Hunt City Attorney E. CLOSED SESSION MOTION: Councilmember Crotzer moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. • The meeting adjourned to Closed Session at 4:10 p.m. and returned to regular session at 5:50 p.m. F. ADJOURNMENT MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 12, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. GT]4i�i7�J�l PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember & Ahnawake Unger Councilmember • E • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 12, 1993 PAGE 2 ABSENT: None STAFF: Forrest Henderson David Hunt Rick Algert Jon Crawford Bridgett Davis Don Funk Rudy Hernandez Jeff Jones Joe Loven Steve Wolter Ed McCracken led the Pledge of Allegiance. City Administrator City Attorney Harbor Director Public Works Dir. City Clerk Comm. Dev. Dir. Finance Director Fire Chief Acting Police Chief Rec. & Parks Dir. Wendy Mills told a story of the Pope driving a limousine. OR'S REPORTS & ANNOUNCEMENTS Mayor Yates announced he met with Dr. Denton and Rory Livingston of the San Luis Coastal Unified School District regarding gang prevention. Mayor Yates announced he is going on vacation and returning August 2, 1993. Mayor Yates deferred to City Attorney David Hunt for the Closed Session report. Mr. Hunt stated the Council met to discuss potential litigation against the State of California regarding an application by the City for a Community Development Block Grant for low-income housing; a project sponsored by People Self Help Housing. He said the State (HCD) is resisting the grant based on the theory of the City's growth limitation ordinance. Mayor Yates announced Council also met regarding labor negotiations. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Mullen requested an agenda item be agendized to discuss changing the public hearing time from 7:00 p.m. to 7:30 p.m. The following people expressed their concerns on the vandalism of mail boxes in their neighborhood: Gordon Thomas, Jim Montgomery, Linda Williams, and Kim Thatch. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 12, 1993 PAGE 3 Mary Phillips asked for a response from the City Attorney regarding her neighbor's encroachment onto her property. Charles Palmer, 485 Estero, expressed his dissatisfaction with the lack of response to requests he has submitted regarding sidewalk street repairs and the public hearing process on one-way streets. Roger Ewing asked the Mayor what will happen in Morro Bay while the Mayor is on vacation. Mayor Yates deferred to the following staff on the above public comments: Joe Loven, Acting Police Chief, reported on the mail box vandalism stating the cases lack an eye witness. He suggested alternatives to the citizens involved; they could file a civil action lawsuit; or also consider having the Postal Service install an area mail box. Councilmember Luna asked if the City has the authority to impose a greater penalty for such an offense? City Attorney David Hunt responded the City can pass an ordinance that would make this violation a misdemeanor. Mr. Loven clarified this violation is already a misdemeanor under the vandalism statute. • City Administrator, Forrest Henderson, reported on Mrs. Phillip's request stating the Community Development Department staff investigated the subject property and found no evidence of any violation of construction and setbacks. Mr. Henderson stated he sent a letter to Mrs. Phillips indicating a report was available and to make an appointment with the Community Development Department to review the report. City Attorney David Hunt stated he is in the process of working with the Public Works Department on the issue of encroachment and determined this is a civil matter. Council directed Mr. Hunt to respond to Mrs. Phillips in writing. Councilmember Unger addressed Mr. Palmer's statements and said she asked staff to provide Mr. Palmer with the information requested. Councilmember Unger followed through by asking Mr. Palmer if he received this written material and he responded he did. Mayor Yates stated he addressed the one-way streets in his column. He clarified an ordinance was passed by Council that allowed the City to create one-way diagonal parking. Mayor Yates stated the request from the business community was clear to not do street work in the summer and Council directed staff to get the work done before Memorial Day. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 12, 1993 PAGE 4 ` Mayor Yates reported on the three -minute rule. He said the community has every right to demand as much time as needed to get the job done which may require more meetings. Mayor Yates said a community meeting is scheduled for September 15, 1993 and this issue will be discussed. A. ��? 4_M'�K�lil � L� f +f wl � � l i� �N,� ��] [i�_�] : i yi:� �l �►a� :i� i�. Mr. Henderson recommended Council approve the minutes of June 14, 1993 and June 28, 1993. A-2 RESOLUTION NO. 58-93 APPROVING THE 1993 WEED ABATEMENT Mr. Henderson recommended Council adopt Resolution No. 58-93 approving charges for the 1993 Weed Abatement Program. A-3 RESOLUTION NO. 56-93 RATIFYING THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS JOINT POWERS AGREEMENT FOR FISCAL YEAR 1993/94 Mr. Henderson recommended Council adopt Resolution No. 56-93 • ratifying the San Luis Obispo Council of Governments Joint Powers Agreement for FY 1993/94. Mr. Henderson recommended Council adopt Resolution No. 62-93 appointing David R. Hunt as City Attorney for the City of Morro Bay. C;��:��Y•7r1+Y�{�7��Y•]��gl��tr�+M4�[�iS•S�:i�i�i�F��:il�4_�iHit�i►;l•]'# Mr. Henderson recommended Council adopt Resolution No. 57-93 authorizing a waiver of fees for the Tall Ship Lady Washington for use of a portion of the North T-Pier from December 1-7, 1993. MWERRIOZ WON Mr. Henderson stated no formal resolution is required to place Mimosa Street Assessments on the tax rolls for Fiscal Year 1993/94. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 12, 1993 PAGE 5 40 A-7 RESOLUTION NO, 60-93 AMENDING PARKS AND RECREATION BUDG FOR FISCAL YEAR 1993/94 1 Mr. Henderson recommended Council adopt Resolution No. 60-93 amending the 1993/94 Fiscal Year Budget for Recreation and Parks. Mr. Henderson recommended Council declare the unclaimed property held by the Police Department as surplus so they may be sold at public auction. A-9 FIRF. HYDRANT AND WATERLINE FLUSHING PROGRAM - REQUEST FOR EXEMPTION TO CONSERVATION REQUIREMENTS Mr. Henderson recommended Council approve the request for exemption to the City's water conservation requirements in the interest of public health and safety and direct staff to implement flushing of the waterlines in a judicious manner. Mr. Henderson recommended Council initiate the process to consider vacation of a portion of Harbor Street by the adoption • of Resolution No. 61-93 and schedule a public hearing on the matter for the regularly scheduled City Council meeting of August 9, 1993. Mr. Henderson recommended Council adopt Resolution No. 64-93 commending Stephen A. Wolter for his services as Morro Bay Recreation and Parks Director. Councilmember Luna pulled items A-1, A-2, A-4, A-6, and A-9. MOTION: Councilmember Unger moved to approve the Consent Calendar with the exception of Items A-1, A-2, A-4, A- 6, and A-9. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) A-1 CITY COUVCIL VIVUTES• : T._�C§i41C�F*i.L�•1SIEli1�l[ 1993 • JUNE 28, 1993 Councilmember Luna asked that the minutes of June 28, 1993 include the opposition to not increase the slip lease fees in Item D-2 (Adoption of the Fiscal Year 1993/94 Master Fee Schedule) and bring these minutes back to the next City Council • meeting of July 28, 1993 for approval. i C, I • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 12, 1993 PAGE 6 MOTION: Councilmember Luna moved to approve the minutes of the June 14, 1993 City Council meeting. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) A-2 RESOLUTION NO, 58-93 APPROVING THE 1993 WEED ABATEMENT Councilmember Luna asked if the 30% administration fee has always been charged. Public Works Director Jon Crawford responded yes; it covers the City's costs and has been charged ever since the program has been implemented. MOTION: Councilmember Luna moved to approve the 1993 Weed Abatement Charges. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) A-4 RESOLUTION NO, 62-93 APPOINTING DAVID R. HUNT AS CITY ATTORNEY FOR THE CITY OF MORRO BAY Councilmember Luna reviewed the following issues in the legal services agreement with the Law Firm of Jencks & Hunt: Page 2 - Attendance at Meetings. Councilmember Luna suggested the following revision: Unless excused by the Meyer-or-e majority of the City Council...... Page 3 - Additional Services. Councilmember Luna stated there should be a majority vote of the Council in order for the City Attorney to provide legal services beyond the agreed fifty hours per month. Page 5 - Computer Equipment. Councilmember Luna stated the agreement does not clearly state that the computer equipment will be lent to the City for use at no cost. MOTION: Councilmember Unger moved to continue past 7:00 p.m. in order to complete the Consent Calendar. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mayor Yates opposed the revision regarding the necessity of a majority vote of the Council in order for the City Attorney to provide legal services beyond the agreed fifty hours per month. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 12, 1993 PAGE 7 iCouncilmember Luna stated his concern is the expense that could be incurred for services performed beyond the fifty hours and having two Council members directing the City Attorney to perform these services. City Attorney David Hunt assured the Council that his law firm will not pursue performing services without the appropriate approval of Council. MOTION: Councilmember Mullen moved to maintain the language in the section of Additional Services in the contract. The motion was seconded by Mayor Yates and unanimously carried. (5-0) Mr. Hunt responded to the issue of Attendance at Meetings stating there are four other members in the law firm that can serve as a substitute in the case of his absence. Mr. Hunt suggested a revision relating to attendance at special meetings. Mr. Hunt responded to the issue of Computer Equipment stating the revision will be made to the contract that there will be no cost to the City. MOTION: Councilmember Crotzer moved to approve the contract as amended. The motion was seconded by Councilmember Luna • and unanimously carried. (5-0) A-6 RESOLUTION APPROVING SPECIAL ASSESSMENT TAX ROLLS FOR FISCAL• YEAR 1993/94 Councilmember Luna asked if the lack of a resolution jeopardizes the City. City Attorney David Hunt responded the City would be in no jeopardy based on the 1915 Bond Act. MOTION: Councilmember Luna moved to approve the special assessment tax rolls for Fiscal Year 1993/94. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Councilmember Luna asked staff how much water is used in the fire hydrant and waterline flushing program? Fire Chief Jeff Jones responded the water use depends on the type of hydrant. MOTION: Councilmember Luna moved to approve the request for exemption to conservation requirements for the fire hydrant and waterline flushing program. The motion was seconded by Councilmember Unger and unanimously • carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 12, 1993 PAGE 8 . Mayor Yates presented Stephen Wolter with a plaque of commendation for his service as Recreation and Parks Director. Steve Wolter thanked the Council, Department Head Team, and his staff for their efforts. He said he is proud to be a part of Morro Bay. Mr. Wolter introduced Andrea Leuker as Interim Recreation Director. Mayor Yates called for a break at 7:30 p.m.; the meeting resumed at 7:40 p.m. NONE Recreation and Parks Director Stephen Wolter reviewed the staff report stating all property owners have been noticed via first class mail of the intention to levy an assessment. Mr. Wolter presented the following two alternatives for Council's review: 1) • hold the public protest hearing, then adopt the resolution and engineer's report; and 2) hold the public protest hearing, then revise the engineer's report and budgeted amounts found in the report, finally adopting the resolution and engineer's report as may be revised. Mayor Yates opened the hearing for public comment. Bill Dermody, Property Manager for Bayshore Village, stated a full assessment on the homeowners is a burden and the City should fund a portion of this assessment. Mary Phillips stated based on Proposition 13, a 2/3 vote of the people is needed to raise taxes. Mayor Yates closed the hearing for public comment. City Attorney David Hunt stated this is a legal assessment district based on the requirements of the Coastal Commission through the Coastal Development Permit process, and requiring the dedication of a public park as a result of the ability to develop in the coastal zone. MOTION: Councilmember Mullen moved to adopt Resolution No. 59- 93 confirming diagram boundaries and levying an assessment for the Bayshore Bluffs Park Maintenance • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 12, 1993 PAGE 9 • Assessment District. The motion was seconded by Councilmember Crotzer. Councilmember Mullen stated this is standard procedure for an assessment district and the City cannot afford to maintain all parks. Councilmember Crotzer reiterated Councilmember Mullen's comments adding the assessment is a way to provide public parks which also enhances property values. Mayor Yates stated he is in support of the assessment and noted it is a condition of purchasing property in the Bayshore Village. The vote carried unanimously. (5-0) Zl i 4. _ _ • 4 � _ - - - City Administrator Forrest Henderson reviewed the draft resolution supporting the medical use of marijuana for the treatment of illnesses such as cancer, glaucoma, or HIV/AIDS. Mayor Yates opened the hearing for public comment. • The following people spoke in favor of the adoption of Resolution No. 63-93 supporting the medical use of marijuana: Christine Peralta, Citizens for Medical Marijuana; Allen McAfee, San Luis Obispo County Green Party; Vickie Landis; Eric Dover, M.D.; Roger Ewing; Robert Judd, E1 Morro Democratic Club; Don Healey; Tom Nepher; Leslie (no last name); Carol Jo Pathic; and Mr. Landis. The following people spoke in opposition of the adoption of Resolution No. 63-93 supporting the medical use of marijuana: Mary Phillips; Ron Martinelli, M.D.; and Erving Shaw, M.D. Mayor Yates closed the hearing for public comment. Councilmember Unger referred to page two, second paragraph of the resolution, and recommended the language "and that using patients as pawns in the ever escalating War on Drugs" be removed. Councilmember Luna agreed with Councilmember Unger's request. Councilmember Crotzer stated the movement to outlaw this request is politically motivated and the people who are used are those in pain. He said the language should remain in the resolution. Mayor Yates stated a unanimous vote of the Council will have a stronger impact. • • u u MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 12, 1993 PAGE 10 Councilmember Unger recommended the following amendment to page two. second oaraaraoh of the resolution: WHEREAS, the City Council of the City of Morro Bay makes findings that by its own admission the federal government continues to deny access to cannabis/marijuana for political rather than medical reasons, and it finds it offensive that the War on Drugs has prevented patients from obtaining marijuana as medicine, current policies place message before medicine, convenience before compassion, and politics before patients. MOTION: Councilmember Unger moved to approve Resolution No. 63- 93 as amended. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mayor Yates called for a break at 8:55 p.m.; the meeting resumed at 9:15 p.m. Community Development Director Don Funk reviewed the staff report and stated the applicant requests a fee waiver based on Section 17.50.040 which allows for fee waivers in lieu of density bonuses or development standard reductions. Staff recommended Council allow either a density bonus or a reduction in development standards and that the unit priority be granted. Mayor Yates opened the hearing for public comment. Jeff Edwards, representative for applicant, reviewed the applicant's request to waive one-half of the water availability fees, and waive the application fee in order to conduct archaeological sub -surface testing at the site. Ann Freeman, 785 Cabrillo Place, asked Council to grant the density bonus without waiving the fees based on the economy. Jim Wood expressed his opposition to the waiver of fees. Mayor Yates closed the hearing for public comment. Councilmember Luna stated he supports the density bonus without waiving the fees. Councilmember Unger asked staff about the reduction of the right- of-way? Public Works Director Jon Crawford responded the 60-foot right-of-way is needed for turn -around of vehicles, parking, and to avoid the problem with encroachment of easements. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 12, 1993 PAGE 11 • Councilmember Crotzer stated it is not prudent to reduce the fees. He said Option 1 which grants a density bonus to allow up to 25% more units is the most attractive option to continue affordable housing. Councilmember Mullen stated $1,000 per month rent seems high for affordable housing. Mayor Yates stated he does not support the waiver of fees or reduction of right-of-way. MOTION: Mayor Yates moved to approve the density bonus to allow up to 25% more units which would contribute significantly to the economic feasibility of lower income housing, and that the project be awarded a priority for affordable housing; Council finds that a reduction of right-of-way would cause a hindrance to the circulation; Council further finds that the reduction of water and sewer fees would not be feasible. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) D-4 REQUEST FOR WAIVER OF HOUSING FEE FOR REQUIRED AFFORDABLE HOUSING PER STATE GOVERNMENT CODE 465590 (587 PINEY WAY: APPLICANT - PASCAL) • Community Development Director Don Funk reviewed the staff report stating a fee waiver is not advisable based on the fact that affordable units are being demolished by the applicant and no affordable units are proposed in the new project. City Attorney David Hunt expressed his concern Council could set a precedent outside the context of the Morro Bay Municipal Code since there is no ordinance that facilitates such a fee waiver. Mayor Yates opened the hearing for public comment. Steve Pascal, applicant, stated he was not made aware of the affordable housing fees prior to going before the Planning Commission. Jim Wood expressed his opposition to the waiver of fees. Mayor Yates closed the hearing for public comment. Councilmember Crotzer empathized with the applicant regarding paying an unknown fee. Councilmember Mullen stated previous ordinances do not provide for affordable housing and reasonable in -lieu fees are needed. She supports a fee based on the Master Fee Schedule. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 12, 1993 PAGE 12 • Mayor Yates stated he supports the waiver of fees since they were not addressed to the applicant up front. Councilmember Unger stated she opposes the waiver of fees. Councilmember Luna asked staff about the process of establishing the fees? Mr. Funk responded staff will bring the fees back as a part of the Master Fee Schedule. Councilmember Luna agreed with Mayor Yates regarding the lack of communication regarding the fees; however, he supports a fee based on the issue of consistency. MOTION: Councilmember Mullen moved to approve Option B of the staff report which rejects the fee waiver request since the project will not provide affordable housing. The motion was seconded by Councilmember Unger. The vote carried with Mayor Yates voting no. (4-1) C. NEW BUSINESS MOTION: Mayor Yates moved to continue Items C-1 and C-2 to the next available City Council meeting. The motion was seconded by Councilmember Unger and unanimously • carried. (5-0) C-1 DISCUSSION REGARDING "A -FRAME" TEMPORARY SIGNS This item was continued to the next available City Council meeting. C-2 DISCUSSION REGARDING 25% WATER LOSS This item was continued to the next available City Council meeting. mil+➢_4 ; U :i 4'. f Ii � {�7 2 i�_K City Administrator Forrest Henderson recommended Council either appoint William Campbell who had previously applied for the position of Planning Commissioner, or direct staff to advertise the position. MOTION: Mayor Yates moved to direct staff to advertise for the position of Planning Commissioner, and to invite William Campbell to re -apply for the position. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) L MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 12, 1993 PAGE 13 F. ADJOURNMENT MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) The meeting adjourned at 9:55 p.m. Recorded by: BRIDGETT DAVIS City Clerk • [I • N�- �,J�,� �a, igqa NOT = C E OF SPEC = AL MEET = NG NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Monday, July 12, 1993 at 4:00 p.m. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California. Council will immediately adjourn to Closed Session to consider the following: GOVERNMENT CODE §54957, PERSONNEL ♦ LABOR RELATIONS GOVERNMENT CODE §54956.9(C), POTENTIAL LITIGATION C, J DATED: JULY 9, 1993 AdD WILLIAM YATES, M or City of Morro Ba , California 0- 6- f- �)6Q 4 „0, I 1943 NOT = C E OF SPEC = AL MEETING NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Wednesday, July 7, 1993 at 6:00 P.M. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California. Council will immediately adjourn to Closed Session to consider the following: GOVERNMENT CODE §54957, PERSONNEL ♦ LABOR RELATIONS DATED: JULY 6, 1993 WILLIAM YATES, May City of Morro Bay, LC alifornia Z m 0- 0- W. E-1 City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION — JUNE 28, 1993 CITY HALL CONFERENCE ROOM — 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA GOVERNMENT CODE 654956 9(A)PENDING LITIGATION: ♦ NORTON V. RAPPER, U.S. DISTRICT COURT CASE NO CV 90-6301 JGD (THIS MATTER MAY BE CONTINUED TO A LATER CLOSED SESSION SINCE THE ATTORNEYS IN THE CASE WORKED OUT AN EXTENSION OF TIME FOR PLAINTIFF TO FILE HIS OPENING 'BRIEF WITH THE COURT OF APPEAL) ♦ CITY OF MORRO BAY V. PRICE SAN LUIS OBISPO SUPERIOR COURT CASE NO 67297 (THREATS OF MRS. PRICE TO SUE THE CITY WITH RESPECT TO THE APPLICATION OF GLENDA YOUNG FOR MODERATE INCOME HOUSING ALLOWANCES AT 530 MIMOSA STREET) CITY ATTORNEY CONTRACT LABOR RELATIONS REGULAR MEETING VETERANS MEMORIAL 209 SURF ST., ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE LIGHTEN UP MAYOR'S REPORTS & ANNOUNCEMENTS • — JUNE 28, 1993 HALL — 6:00 P.M. MORRO BAY, CA it -PUBLICCOMMENT O - Members of the audience wishing to address the ouncil on City business matters (other than Public Hearings items under ection D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS (CITY COUNCIL) A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF MAY 24, 1993 A-2 STATEMENT OF CASH AND INVESTMENTS - MAY 1993 A-3 EXPENDITURE REPORT - MAY 1993 A-4 WATER SUPPLY STATUS REPORT A-5 CLAIM REJECTION - STEPHEN POWERS, JR. A-6 RESOLUTION CONDEMNING GANG VIOLENCE A-7 RESOLUTION RENEWING CITY ADMINISTRATOR CONTRACT W8 COUNCIL APPROVAL OF CITY COMMENT TO THE GRAND JURY REPORT REGARDING THE DESALINATION PLANT LITIGATION A-9 RESOLUTION ESTABLISHING RECREATION COST RECOVERY CATEGORIES FOR FISCAL YEAR 1993-94 A-10 REQUEST FOR 4TH OF JULY FIREWORKS DISPLAY FEE WAIVER A-11 OFFER OF DEDICATION/SUMMARY VACATION OF STREET RIGHT-OF-WAY (TIDE AVENUE AND WHIDBEY STREET) A-12 NOTICE OF FINAL COMPLETION - TIDELANDS PARK PROJECT; RP 91-01 A-13 PROCLAMATION DECLARING JULY AS ^RECREATION AND PARKS MONTH" A-14 RESOLUTION ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 1992-93 A-15 CITY REQUEST TO SAN LUIS OBISPO COUNTY REGARDING CONTINUATION OF CURRENT LEVEL OF LIBRARY SERVICES IN MORRO BAY B. C. - NONE DISCUSSION OF MEDICAL USE OF MARIJUANA CONSIDERATION OF DENSITY BONUS FOR PEOPLES' SELF HELP HOUSING 2 •- PUBLIC HEARINGS REPORTS & APPEARANCES D-1 CONTINUED CONSIDERATION OF PROPOSALS FOR RESIDENTIAL AND COMMERCIAL CURBSIDE RECYCLING SERVICES D-2 RESOLUTION ADOPTING FISCAL YEAR 1993-94 MASTER FEE SCHEDULE D-3 RESOLUTION ESTABLISHING BUSINESS LICENSE RATE SCHEDULE FOR FISCAL YEAR 1993-94 D-4 ADOPTION OF FISCAL YEAR 1993-94 BUDGET F . ADJOURNMENT • • COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. 3 • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JUNE 28, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Forrest Henderson City Administrator David Hunt City Attorney MOTION: Councilmember Luna moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. • The meeting adjourned to Closed Session at 5:19 p.m. and returned to regular session at 5:59 p.m. F. MOTION: Councilmember Luna moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 5:59 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:10 p.m. PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember • Susan Mullen Councilmember Ahnawake Unger Councilmember • E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1993 PAGE 2 ABSENT: None STAFF: Forrest Henderson David Hunt Rick Algert Jon Crawford Bridgett Davis Don Funk Rudy Hernandez Jeff Jones Joe Loven Steve Wolter Roger Ewing led the Pledge of Allegiance. City Administrator City Attorney Harbor Director Public Works Dir. City Clerk Comm. Dev. Dir. Finance Director Fire Chief Acting Police Chief Rec. & Parks Dir. Mayor Yates introduced Gil Peters who told the story of five people from the same apartment building entering the "Pearly Gates" at the same time. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates clarified the rule on the three -minute public comment period. Mayor Yates reviewed the project proposed by John King on the Waterfront. Mayor Yates announced a brainstorming session is tentatively scheduled for September 15, 1993. Mayor Yates announced staff has met with the Coastal Commission regarding the desalination plant; the proposed letter to the Coastal Commission will not be sent as this is a moot issue. Mayor Yates announced discussion on support of the library will be scheduled on the July 12, 1993 City Council agenda. Mayor Yates reviewed the Closed Session items. Mayor Yates deferred to Councilmember Mullen who introduced her mother in the audience. Mayor Yates deferred to Councilmember Crotzer who reiterated Mayor Yates comment on fairness during the public comment period. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1993 PAGE 3 Charles Palmer referred to Government Code Sections 54954.3 (a&b) regarding "reasonable regulations" in a public hearing. He suggested Council hold a public workshop in order to discuss this issue. Geraldine Price, 2045 Ironwood Avenue, expressed her concerns with the Closed Session agenda in reference to her claim against the City. She stated the City needs to be consistent with its rules. Mary Phillips spoke on Proposition 13 regarding the use of an assessment fee vs. a maintenance fee. She agreed with Mr. Palmer that three minutes is not long enough for public comment. Tom Wuriu expressed his support for Morro Bay's library services. Judy Graham commended the City Council on their courage in addressing the issue of medical use of marijuana. Roger Ewing expressed his support of medical use of marijuana stating it shows compassion for those with debilitating illnesses. Dea McAfee, member of Citizens for Medical Marijuana of San Luis Obispo County, thanked the City Council for addressing this issue • and requested Council agendize the matter as a public hearing item for public comment. Charles Palmer again addressed the Council. Mayor Yates stated a policy is needed stating that a person may speak once during the public comment period. City Attorney David Hunt clarified the law allows for the Council to adopt reasonable guidelines which interpret three minutes are allowed for one speaker and can he curtailed to one visit. Mr. Palmer asked Council to agendize the issue regarding the 25% additional water which is produced over what is actually sold. Mayor Yates clarified it will be heard at the next available meeting. Barry Dorfman, physician, stated his support for medical use of marijuana. He also suggested Council consider allowing citizens to organize a presentation when an issue requires more than three minutes of public comment. Allen McAfee, representing the San Luis Obispo County Green Party, encouraged Council to agendize medical use of marijuana as a public hearing. Jim Nance requested Council consider waiving the admission fee for the Fourth of July fireworks for residents of Morro Bay. He also • expressed his support for medical use of marijuana. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1993 PAGE 4 • Stuart Baron expressed his support for medical use of marijuana. Chuck Meisner addressed the issue of continued consideration of proposals for residential curbside recycling services. He said the proposal prepared in a cooperative effort by students of Morro Bay High School and ECOSLO is ready to be reviewed by Council. Vernon Ford supported the City's resolution condemning gang violence and commended the City for its rapid response in removing the graffiti found in the City. Mayor Yates gave credit to the Neighborhood Watch Organization for their efforts in removing the graffiti. Bea Rohan, 2501 Elm Avenue, expressed her support for medical use of marijuana. She said it has been legalized in 37 states in the United States and three counties in California. Ms. Rohan stated the Declaration of Independence and Constitution of the United States were written on paper made of hemp. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Luna requested an item be agendized under New Business to discuss policies establishing the long-term waiting list for residential building allocations. • Councilmember Crotzer requested discussion to set a precedent on how Council can access the City Attorney directly. Specifically, Councilmember Crotzer would like the City Attorney to research the establishment of a preeminent right to access the beach approximately in the middle of the proposed Cloister's project. City Attorney David Hunt clarified the city attorney proposal suggests no significant amount of attorney time be expended without at least two Councilmembers, or the City Administrator as the designated appointee of the Council, making the request. He stated with a request, he can expend an hour or two of attorney time getting an idea of how much time it would take to research an issue, and come back to Council with the proposed time needed for that specific issue. Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF MAY 24, 1993 Mr. Henderson recommended Council approve the minutes for the Regular Meeting of May 24. 1993. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1993 PAGE 5 • A-2 STATEMENT OF CASH AND INVESTMENTS - MAY 1993 Mr. Henderson recommended Council approve the Statement of Cash and Investments as submitted. A-3 EXPENDITURE REPORT - MAY 1993 Mr. Henderson recommended Council approve the Statement of Expenditures as submitted. A-4 WATER SUPPLY STATUS REPORT Mr. Henderson recommended Council receive the report for information and file. A-5 CLAIM REJECTION - STEPHEN POWERS, JR. Mr. Henderson recommended Council reject the claim submitted by Stephen Powers, Jr. A-6 RESOLUTION NO, 48-93 CONDEMNING GANG VIOLENCE Mr. Henderson recommended Council approve Resolution No. 48-93 condemning gang violence. • A-7 RESOLUTION NO, 47-93 RENEWING CITY ADMINISTRATOR CONTRACT Mr. Henderson recommended Council approve Resolution No. 47-93 continuing his contract as City Administrator for the City of Morro Bay. A-8 COUNCIL APPROV Mr. Henderson recommended Council approve the comments as drafted and authorize the Mayor to sign. A-9 RESOLUTION NO, 49-93 ESTABLISHING RECREATION COST RECOVERY CATEGORIES FOR FISCAL YEAR 1993-94 Mr. Henderson recommended Council approve Resolution No. 49-93 establishing the recreation cost recovery categories for Fiscal Year 1993-94. A-10 REQUEST FOR 4TH OF JULY FIREWORKS DISPLAY FEE WAIVER Mr. Henderson recommended Council waive the Fire Department Special Use Permit Fees for the 1993 Fourth of July public fireworks display. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1993 PAGE 6 • A-11 OFFER OF DEDICATION/SUMMAP (RESOLUTION NO. 50-93 - TII 93 - WHIDBEY STREET) Mr. Henderson recommended Council approve Resolution No. 50-93 accepting the Offer of Dedication for Tide Avenue; and approve Resolution No. 51-93 vacating portions of Whidbey Street. A-12 RESOLUTION NO, 46-93 - NOTICE OF FINAL COMPLETION - TIDELANDS PARK PROJECT; RP 91-01 Mr. Henderson recommended Council approve Resolution No. 46-93 declaring Tidelands Park (Recreation Phase) to be complete. A-13 PROCL•AMATION DECLARING JULY AS "RECREATION AND PARKS MONTH" Mr. Henderson recommended Council approve the proclamation declaring July as "Recreation and Parks Month". A-14 RESOLUTION NO, 54-93 - ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 1992-93 Mr. Henderson recommended Council approve Resolution No. 54-93 establishing a new annual spending limit for Fiscal Year 1993-94. • A-15 CITY REQUEST TO SAN LUIS OBISPO COUNTY REGARDING CONTINUATION OF CURRENT LEVEL OF LIBRARY SERVICES IN MORRO BAY Mr. Henderson recommended Council authorize him to send the letter of concern regarding library hours to the County Administrative Officer with a copy to Supervisor Laurent. Mr. Henderson stated item A-13 has a typographical error which reads "area" instead of "acreage"; and item A-14 should read "FY 1993-94" instead of "FY 1992-93". Mr. Henderson suggested Council approve those items with the amendments. Councilmember Luna pulled Item A-6 for separate action; Councilmember Mullen pulled Item A-15; and Councilmember Crotzer pulled Item A-1. MOTION: Councilmember Luna moved to approve the Consent Calendar with the exception of Items A-1, A-6, and A-15. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) A-1 CITY COUNCIL• MINUTES FOR THE REGULAR MEETING OF MAY 24 1993 Councilmember Crotzer made a correction to page 8, paragraph 4 of the minutes stating his participation on the Water Advisory Board. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1993 PAGE 7 • He said he has never been a member of the Water Advisory Board; he was participating as a City Council Member in a joint meeting with the Water Advisory Board. MOTION: Councilmember Crotzer moved to accept Item A-1 as amended. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) A-6 RESOLUTION NO. 48-93 - CONDEMNING GANG VIOLENCE Councilmember Luna reviewed Resolution No. 48-93 condemning gang violence. He asked the citizens to become aware of the problem and work together to prevent this issue from taking a strong -hold in this area. Mayor Yates agreed with Councilmember Luna's comments and asked the citizens to report any gang activity to the City of Morro Bay Police Department. MOTION: Councilmember Luna moved for approval of Resolution No. 48-93 condemning gang violence. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Councilmember Mullen requested staff revise the proposed letter to add how much the City of Morro Bay values its library. This item will be rescheduled on the next available agenda. 1I._�__._• Z_. NONE At this time Council moved to Public Hearing items. • :_%i•:. ._Cr_r. Public Works Director Jon Crawford requested continuance of this item for lack of a staff report. He indicated interested parties were contacted by staff regarding the request for continuation. Mr. Crawford stated a staff report will be available at the next City Council meeting. E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1993 PAGE 8 • Mayor Yates opened the hearing for public comment. Kurt Kupper stated the proposed curbside recycling program will be an opportunity to bring the youth together with the established community. He said they are going forward with their program regardless of the delay of this continued hearing. Amber Ramage stated the student -run ECOSLO program has grown into "rock solid recycling". She said the advantages of this program are numerous for the community as well as for the students. She added student advantages include much needed jobs for students; vocational education and training provided through this program; aid the development of critical thinking skills and provide experience for students; and encourage student involvement in the community promoting trust and friendship between students and seniors. Royce Bennett asked Council to make this program a reality at their next meeting. He stated this program is community -oriented and quoted "it is for the people, of the people, and by the people." Mary Phillips expressed her support for the young people in this endeavor. Barbara Grant expressed her support stating it is a good experience • for young people in teaching them responsibility. Mayor Yates closed the hearing for public comment. Councilmember Luna stated this is a revolutionary program that will change the concept of recycling in the community. Councilmember Unger commended the students for their public speaking ability. Councilmember Crotzer made an observation on the positive efforts of tonight's comments. Mayor Yates stated this proposed program will be scheduled on the July 26, 1993 City Council agenda. No action was taken on this item. ,13 Finance Director Rudy Hernandez reviewed the Master Fee Schedule update for Fiscal Year 1993-94 recommending approval of this Master Fee Schedule by adopting Resolution No. 53-93. Councilmember Mullen stated the .15 per copy fee seems high and • needs to be evaluated. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1993 PAGE 9 • Councilmember Luna stated an alternative is needed for the public to be able to remove a report from City Hall and take it elsewhere to copy. City Administrator Forrest Henderson suggested the fee remain the same and implement a policy where an additional packet will be provided at Hill's Copy Center. Councilmember Unger suggested the City lease a pay copy machine for public use. The City Council addressed the following line items in the Master Fee Schedule and requested staff provide further justification. •yin r_ 1- - ••u-� t-r� .u-i Sign -Exception Permit Sign -Minor Administrative Adjustment Sidewalk Sales (Downtown area) Temporary Outdoor Event (Displays & Sales) Parking Administrative Exception Emergency Permit (Does not include required regular CDP) Tree Removal Permit General Plan/Local Coastal Plan Amendment • Parking Waiver Request Appeals of Non-CDP permits Penalty Fee -Commencing Construction Without Permit Subdivision Review Fee Conditional Use Permit Review Fee Design Review Board Fee Development Impact Mitigation Fees Mayor Yates, Councilmember Unger, and Councilmember Mullen expressed their opposition to the lease slip increase. Mayor Yates stated it will be a message of support to the local fishermen not to increase the slip rates. All other department fees were increased by 3%. Mayor Yates called for a break at 7:45 p.m.; the meeting resumed at • 8:00 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1993 PAGE 10 • Mayor Yates opened the hearing for public comment. Vernon Ford stated his opposition to a 3% increase in services. Mary Phillips concurred with Mr. Ford's comment. Mayor Yates closed the hearing for public comment. The consensus of the Council is that a 3% increase in the fees be consistent throughout the Master Fee Schedule. Mayor Yates, Councilmember Mullen, and Councilmember Unger agreed they do not support new fees. Councilmember Luna stated all fees need to be analyzed by department. MOTION: Mayor Yates moved to approve the Master Fee Schedule with the exception of Community Development Department and Fire Department; and, further, the Harbor slip fees remain at the current level. The motion was seconded by Councilmember Mullen. Councilmember Luna stated he will not support this motion due to the lack of consistency in maintaining current fees in the Harbor Department. He said he supports the local fishing industry; however, he cannot support the inconsistency. • Councilmember Crotzer stated the local fishing industry can be supported with other opportunities such as service breaks and advertising. He said they should he subject to fair increases and not placed in preference by giving them financial breaks. Councilmember Unger called for the question. The vote carried with Councilmember Luna and Councilmember Crotzer voting no. (3-2) MOTION: Mayor Yates moved to bring the Community Development Department and Fire Department Master Fee Schedule proposals back to the next available meeting. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Finance Director Rudy Hernandez reviewed the Business License Rate Schedule recommending Council approve Resolution No. 52-93 adopting the Business License Rate Schedule for Fiscal Year 1993-94. Mayor Yates opened the hearing for public comment; there was no public comment and the public hearing was closed. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1993 PAGE 11 • MOTION: Councilmember Luna moved to approve Resolution No. 52-93 adopting the Business License Rate Schedule for Fiscal Year 1993-94. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) D-4 ADOPTION OF FISCAL YEAR 1993-94 BUDGET City Administrator Forrest Henderson reviewed the Budget for Fiscal Year 1993-94. Mr. Henderson recommended the adoption of the budget and further recommended the deletion of the hiring freeze. Council applauded the Finance Department for their efforts in preparing the budget. Council addressed Aid to Agencies and their benefits to the community. Councilmember Mullen stated the Bayshore Bluffs Assessment District fee was not included in revenues and asked if it would be included in the budget. Finance Director Rudy Hernandez responded it will be added to the budget at the next City Council meeting. Mayor Yates opened the hearing for public comment; there was no public comment and the public hearing was closed. • Councilmember Mullen suggested adding Condition No. 5 to the resolution addressing $800,000 be placed in a Reserve Fund. She also suggested amending Condition No. 3 addressing the requirement for notification of Council of transfer of funds under $10,000. City Administrator Forrest Henderson responded he will notify Council in a memorandum format. Finance Director Rudy Hernandez suggested the quarterly report could provide a listing of any budget adjustments that have been made during that quarter. MOTION: Councilmember Mullen moved to adopt the Budget for Fiscal Year 1993-94 by approving Resolution No. 55-93 as amended. The motion was seconded by Councilmember Unger. Councilmember Luna addressed the concern of the cost of living increases for City employees. Mayor Yates clarified Council is aware of all negotiations that are underway. Councilmember Unger called for the question. The vote was unanimous. (5-0) MOTION: Councilmember Mullen moved to approve the lifting of the hiring freeze. The motion was seconded by Councilmember Luna and carried with Councilmember Unger voting no. (4- 1) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1993 PAGE 12 • Mayor Yates called for a break at 9:30 p.m.; the meeting resumed at 9:45 p.m. City Administrator Forrest Henderson reviewed the proposed draft resolution received from Christine Peralta of the Citizens for Medical Marijuana favoring the medical use of marijuana for the treatment of any disease which would provide relief of pain for the treatment of cancer, glaucoma, or HIV/AIDS; or for any other medical healing purpose defined within the bounds of the patient/doctor relationship. Mr. Henderson recommended Council review the proposed draft resolution and information provided by Citizens for Medical Marijuana and direct staff of the action they wish to take. Mayor Yates deferred to City Attorney David Hunt for his comments. Mr. Hunt referred to the draft resolution which states "...and to direct the elected officials of the City of Morro Bay to take whatever actions may be within their power to support the availability of cannabis/marijuana for medical use." Mr. Hunt stated this could be considered an inappropriate infringement upon first amendment rights of councilmembers in that a dissenting vote • cannot be instructed to take a public position because they have been elected to exercise their own personal discretion. Mr. Hunt also expressed concerns with discretionary enforcement of the law that is addressed by the Police Department. Council discussed amendments to the draft resolution. Mayor Yates said because of the volatile nature of the subject matter, a public hearing is needed; the Council concurred. Lieutenant Joe Loven stated his main concern is the language in the draft resolution is overly broad. He agreed with the amendments proposed by Council, and would recommend language be added addressing "lawfully issued prescription." MOTION: Mayor Yates moved to bring this item back as a public hearing item to the next available City Council meeting; and direct staff to provide a resolution addressing Council's comments. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Community Development Director Don Funk reviewed and recommended approval of the density bonus requested by Peoples' Self Help . Housing for Oceanside Gardens located at 2612 Elm Street. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1993 PAGE 13 • MOTION: Councilmember Mullen moved to approve the density bonus requested by Peoples' Self Help Housing for Oceanside Gardens located at 2612 Elm Street. The motion was seconded by Councilmember Unger. Councilmember Luna asked if there will be adequate parking on -site to accommodate this project? Mr. Funk responded yes, the on -site parking is based on the number of units proposed for the project. The motion carried unanimously. (5-0) E. CLOSED SESSION MOTION: Councilmember Mullen moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 10:20 p.m. and returned to regular session at 11:50 p.m. F. ADJOURNMENT MOTION: Councilmember Crotzer moved the meeting be adjourned. • The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) The meeting adjourned at 11:50 p.m. Recorded by: BRIDGETT DAVIS City Clerk Ll NOTICE O F BUDGET WORKSHOP S E S S= ON NOTICE IS HEREBY GIVEN that the Morro Bay City Council Budget Workshop Sessions for the Fiscal Year 1993-94 preliminary budget is as follows: Monday, June 21st - Follow-up items will be heard from the previous budget meeting discussions. The meeting will be held in the Community Center Multi -Purpose Room, 1001 Kennedy Way, Morro Bay, California, and will begin at 4:30 p.m. DATED: June 18, 1993 WILLIAM YATES, May City of Morro Bay, alifornia • qR3 City Of Morro B ay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION — JUNE 14, 1993 CITY HALL CONFERENCE ROOM — 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA ♦ STATUS REPORT AS TO ALL PENDING AND POTENTIAL LITIGATION E-2 GOVERNMENT CODE .454957 PERSONNEL: ♦ CITY ADMINISTRATOR'S CONTRACT REGULAR MEETING — JUNE 14, 1993 VETERANS MEMORIAL HALL — 6:00 P.M. 209 SURF ST., MORRO BAY, CA �OLL CALL MENT OF SILENCE PLEDGE OF ALLEGIANCE LIGHTEN UP MAYOR'S REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD — Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS (CITY COUNCIL) A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF MAY 10, 1993 A-2 NOTICE OF FINAL COMPLETION FOR TIDELANDS PARK (RECREATION PHASE); RP 91-01 A-3 RESOLUTION ACCEPTING TRANSFER OF ELIGIBLE APPLICANT STATUS FOR TWO NON -URBAN COUNTY PROPOSITION 116 PROJECTS 0-4 APPROVAL OF APPOINTMENTS TO ADVISORY BOARD VACANCIES 1 *5 CLAIM REJECTION - KIM JIMENEZ A-6 DECLARATION OF SURPLUS PROPERTY A-7 REQUEST TO FILL VACANCY TO FILL WASTEWATER TREATMENT PLANT OPERATOR A-8 PROCLAMATION DECLARING JUNE 20, 1993 AS "SPECIAL OLYMPICS/LAW ENFORCEMENT TORCH RUN DAY" A-9 CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FORMULA A-10 REPORT ON MAYOR'S LETTER TO COASTAL FACILITY B. UNFINISHED BUSINESS C. NEW BUSINESS REGARDING DESALINATION C-1 REQUEST FOR POLICY CLARIFICATION ON CITY SUPPORT OF HARBOR FESTIVAL C-2 RESOLUTION APPROVING LEASE HILL AND JOANNE SHIFLETT) (LEASE SITE 90-90W; LESSEE-SOPHIE C-3 RESOLUTION APPROVING LEASE AGREEMENT (LEASE SITE Al-3 MOORING AREA; LESSEE- MORRO BAY YACHT CLUB) S4 CONSIDERATION OF ALTERNATE DISPUTE RESOLUTION C-5 DISCUSSION OF LIBRARY FUNDING SUPPORT D. PUBLIC HEARINGS REPORTS 6 APPEARANCES D-1 RESOLUTION OF INTENT TO LEVY ANNUAL ASSESSMENT FOR BAYSHORE BLUFFS PARK MAINTENANCE D-2 REQUEST TO ESTABLISH "HEALTH CARE -RELATED FACILITY" WATER RATE SCHEDULE D-3 CONTINUED PUBLIC HEARING ON APPEALS FOR CASE NO. PM 04-92 (VESTING)CUP 03-88/CDP 43-92); TRI W ENTERPRISES, APPLICANT. TRI W ENTERPRISES, PETER DIFFLEY, AND CHRISTINE GRANADOS, APPELLANTS. APPEAL OF PLANNING COMMISSION ACTION ON TRI-W'S REQUEST FOR A VESTING TENTATIVE PARCEL MAP ( PORTION OF THE PRECISE PLAN CUP 03-88 ) AND COASTAL DEVELOPMENT PERMIT TO SUBDIVIDE ONE EXISTING 177.23 ACRE PARCEL INTO THREE PARCELS OF 17.50 ACRES; 3.18 ACRES; 7.12 ACRES WITH A REMAINDER PARCEL OF 147.44 ACRES FOR PROPERTY LOCATED AT THE EASTERN TERMINUS OF MORRO BAY BLVD. AT HIGHWAY ONE. THE CITY COUNCIL WILL ALSO DISCUSS A FINDING THAT PARCEL ONE IS CONSIDERED "IN -FILL". THIS SITE IS ALSO LOCATED WITHIN THE APPEAL JURISDICTION OF THE CALIFORNIA COASTAL COMMISSION WHICH IMPOSES AN ADDITIONAL 10 WORKING DAY APPEAL PERIOD FOLLOWING THE CITY'S FINAL ACTION. (CEQA DETERMINATION: PREVIOUS CERTIFIED EIR) r1 L-A 2 4 4 SUB-COMNITTEE REPORT ON MORRO BAY MUNICIPAL CODE AD -HOC COMMITTEE 5 RESOLUTION AUTHORIZING SUBMITTAL OF FEDERAL TRANSIT ADMINISTRATION SECTION 18 GRANT APPLICATION FOR ONE REPLACEMENT 16 - PASSENGER TRANSIT VEHICLE D-6 PUBLIC HEARING TO ADOPT PROPOSED SOURCE REDUCTION AND RECYCLING ELEMENT (TABLED) F . ADJOURNMENT • • COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:10 p.m. PRESENT: William Yates Colby Crotzer Ben Luna Susan Mullen Ahnawake Unger ABSENT: None STAFF: Forrest Henderson David Hunt Rick Algert Jon Crawford Don Funk Dave Howell Jeff Jones Sharon Miller Steve Wolter Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Harbor Director Public Works Director Community Development Dir. Police Chief Fire Chief Deputy City Clerk Recreation & Parks Dir. Mayor Yates asked for a moment of silence to remember Rudy Chavez, a man lost in a boating accident out of Morro Bay this past weekend. Mr. Chavez was the father of six children. O'Diel Van Heuver led the Pledge of Allegiance. LIGHTEN UP Kim Mullen told a story about a man wearing a Hawaiian shirt in a bar that had a dress code. Mayor Yates announced approximately $3.9 million from the Desal program was wired to the City this afternoon and will be in the bank account tomorrow morning. Mayor Yates congratulated the Morro Bay High School mechanics who won the national title this year again in Washington, D.C. Mayor Yates informed the audience that he, Councilmember Luna, Police Chief Howell, Fire Chief Jones and other members of the • Police Department attended a meeting on gangs this morning. The intent is to get a handle on this problem now. Mayor Yates stated this is a rapidly growing problem in San Luis Obispo r� L 11 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1993 PAGE 2 County; there are ten identified gangs and several more emerging in the County. He indicated there will be zero tolerance for gangs in this area. Mayor Yates announced the first mural will be going up this week at the end of the Cordero Winston building; on Friday at 6:00 p.m., there will be a brief dedication. Regarding the budget hearings, Mayor Yates told the audience the City will be dipping into reserves this year; Council will be getting together with Staff within the next 100 days regarding long term financial plans. He indicated that the meetings next year will not be held without long term plans. Mary Phillips, 2645 Ironwood, requested the Franchise Board look into her garbage billing; she does not believe it's fair to be billed a year in advance. Scott Smith, People's Self Help Housing, stated he is in attendance relative to A-9 on the Consent Calendar (Consideration of Community Development Block Grant Formula), and will be happy to answer any Council questions. He stated he supports Staff's recommendation to pursue negotiations with the County. A discussion ensued, and Mayor Yates asked this item be pulled from the Consent Calendar for separate review. Councilmember Luna requested Police Chief Howell prepare a resolution similar to the one from Paso Robles, regarding zero tolerance for gangs. Councilmember Luna requested an item be agendized to discuss the California Environmental Quality Act as an information item regarding what it does and what it means to the City of Morro Bay. Councilmember Crotzer, on behalf of Vickie Landis and her husband (who both have deteriorating vision), was asked to bring forward an issue of legalization of marijuana for medicinal use. Councilmember Crotzer would like to have this item agendized. Mayor Yates requested an agenda item be scheduled to discuss water loss, which is 25% from the pumps to customer. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1993 PAGE 3 • A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF MAY 10, 1993 Mr. Henderson recommended Council approve the minutes of May 10,1993 as submitted. A-2 NOTICE OF FINAL COMPLETION FOR TIDELANDS PARK (RECREATION) PHASE); RP 91-01 Mr. Henderson recommended this item be pulled because it has not been completed as yet. A-3 RESOLUTION NO, 38-93 ACCEPTING TRANSFER OF ELIGIBLE APPLICANT STATUS FOR TWO NON -URBAN COUNTY PROPOSITION 116 PROJECTS Mr. Henderson recommended adoption of Resolution No.38-93 accepting transfer of eligible applicant status from the SLO Council of Governments (SLOCOG) for two non -urban County Proposition 116 projects as follows: 1) Main Street/Highway 41 Bikeway; and 2) South Bay Boulevard Bike lanes. • A-4 Mr. Henderson recommended Council appoint Wallace McCray to the vacancy on the Streets & Trees Committee and Don Doubledee to fill one of the vacancies on the Franchise Advisory Board. He also recommended continued advertising for the Mobile Home Rent Review Board. Mr. Henderson recommended Council reject the claim of Kim Jimenez. There was discussion regarding this claim with Councilmember Crotzer requesting additional information. City Attorney recommended Council deny the claim at this time and Staff will provide the additional information to Council. A-6 DECLARATION OF SURPLUS PROPERTY Mr. Henderson recommended this report be accepted and the Fire Department's 1983 Ford Fairmont Futura be declared surplus property. OPERATOR Mr. Henderson recommended Council authorize Staff to fill the . vacancy of Wastewater Treatment Plant Operator. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1993 PAGE 4 • A-8 PROCLAMATION DECLARING JUNE 20, 1993 AS "SPECIAL OLYMPICS LAW ENFORCEMENT TORCH RUN DAY" Mr. Henderson recommended June 20, 1993 be declared "Special Olympics/Law Enforcement Torch Run Day". A-9 C014SID8ATION OF COMMUNIT7�DEVELOPMENT BLOCK GRANT FORMULA Mr. Henderson recommended that Council review the alternatives and select one of the two options. A-10 REPORT ON MAYOR'S LETTER TO COASTAL_ COMMISSION_ REGARDING DE - Council was requested to authorize Mayor Yates to send proposed letter to the Coastal Commission on behalf of Council. Councilmember Mullen requested Item A-10 be pulled for separate action; Councilmember Luna pulled Item A-9; and Councilmember Crotzer pulled A-4. MOTION: Mayor Yates moved for approval of the Consent Calendar with the exception of Items A-2, A-4, A-9 • and A-10. The motion was seconded by Councilmember Luna and unanimously carried. (5-0). ROMA10=10M. VERVANKRe Item pulled. Complete Development Services, Inc. has not completed items listed on the punch list dated April 16, 1993. Councilmember Crotzer requested applicants be interviewed. Wallace McCray, applicant for the Streets & Trees Committee was present and came forward to be interviewed by Council. Mr. McCray holds a college degree in Landscape Architecture and Ornamental Horticulture and has 31 years experience in the field. Mr. Doubledee, applicant for the Franchise Advisory Board, had previously been interviewed. MOTION: Councilmember Luna moved Wallace McCray be appointed to the Streets and Trees Committee and Don Doubledee be appointed to the Franchise Advisory Board. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1993 PAGE 5 • , ... 7y1�Z�7NE�i y �f f J3i�i�i+17;]�C��3117`z90WO)0TV0)R: Mr. Henderson recommended he be directed to negotiate an agreement with the County for a fixed allocation of approximately $100,000 per year or other larger amount to be agreed upon between the participating Metro -Cities and non -metro cities (option 1); or, that we maintain the status quo and continue to submit separate grant requests through the State (option 2). This is the first time the U.S. Dept. of Housing and Urban Development has offered the cities of San Luis County the option of receiving a known fixed amount of money. The program would last for three years. With funding as it is now, each against each other for grants. the past in this regard due to Self Help Housing. If Morro allocation, they would receive a through the competitive program, get less. community in the state competes Morro Bay has been fortunate in proposals generated by People's Bay decides to take a fixed set amount; if they decide to go they could get more, or possibly • Councilmember Luna asked if the City receives $100,000 and doesn't spend it that particular year, could it be carried over to the next year? Scott Smith stated it was his understanding that each fiscal year the funds have to be allocated to some project within that fiscal year, but they don't necessarily have to be spent. There's approximately a 30 month period in which they have to be spent. Councilmember Crotzer was concerned funds are spent on feasibility studies rather than on homes. Scott Smith stated that was a concern of his also. A discussion prevailed on how monies are spent with Scott Smith explaining how the funds are allocated and also what the State and County regulations are. MOTION: Councilmember Mullen moved to Approve A-9. Mayor Yates seconded the motion. Councilmember Luna said he would not support the motion. Council discussion followed and Councilmember Mullen and Mayor Yates withdrew their motion. Councilmember Mullen then presented a second motion. MOTION: Councilmember Mullen moved to amend item #3 on the Resolution to say participation shall be subject to • the City receiving a minimum of $100,000 per year and this amount may be accumulated towards an approved C, J MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1993 PAGE 6 multi -year project. Mayor Yates seconded the motion and it carried unanimously. (5-0) MOTION: Councilmember Mullen then moved to approve Resolution No. 43-93 as amended. Councilmember Luna seconded the motion and it was unanimously carried. (5-0) Councilmember Mullen asked Council to return this item to Staff for further editing. All agreed. Staff to come back by the end of August with some proposals on how this money can be spent. A-8 PROCLAMATION DECLARING JUNE 20, 1993 AS "SPECIAL OLYMPICS LAW ENFORCEMENT TORCH RUN DAY" Mayor Yates informed everyone that on June 20, 1993, at 3:30 p.m. eight members of the Morro Bay Police Department will be running with the torch for Special Olympics through town, and he asked everyone to come out and cheer. ;��•; •, •; ay -a; • SALINATION FACILITY • B. None MOTION: Councilmember Mullen made a motion to suspend the rules an continue in the regular order of the agenda. Councilmember Luna seconded the motion and it passed unanimously. (5-0) C. NEW BUSINESS C-1 REQUEST FOR POLICY CLARIFICATION ON CITY SUPPORT OF HARBOR FESTIVAL Steve Wolter presented the issue of support for the Harbor Festival. Chuck Clarke, Chairman of the Harbor Festival, expressed support for Alternative #4, which is the City Project alternative. Mr. Clarke is concerned about the termination of City involvement in the Harbor Festival, which he says showcases Morro Bay. He also mentioned the Harbor Festival Corporation has dispersed over $61,000 to community agencies since 1988. Council stated they are supportive of the continued assistance; the Harbor Festival has a very positive impact city-wide. Council agreed to give the Festival $6,232 already budgeted for • this year, but no set amount for the future. They also agreed not to charge the Harbor Festival for Police and Fire services. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1993 PAGE 7 • Council asked Staff to prepare a refined policy implementing alternative #4. MOTION: Mayor Yates moved that we support Alternative #4. Councilmember Mullen seconded the motion and it passed unanimously. (5-0) C-2 RESOLUTION N0.43-93 APPROVING LEASE AGREEMENT (LEASE SITE 90-90W: LEASEE - SOPHIE HILL AND JOANNE SHIFLETTI Rick Algert reviewed the staff report on this item. NOTION: Councilmember Unger moved that Council approve Resolu- tion No. 42-93 authorizing Mayor Yates to execute a new lease agreement with Sophie Hill and Joanne Shiflett for Lease Site 90/90W. Motion was seconded by Council - member Luna and carried unanimously. (5-0) presentedC-3 RESOLUTION NO, 41-93 APPROVING LEASE AGREEMENT fLEASE SIT Al-3 MOORING AREA: LESSEE - MORRO BAY YACHT CLUB) Rick Algert the report • MOTION: Councilmember Luna moved that Council approve Resolu- tion No. 41-93 authorizing the Mayor to execute a lease with the Morro Bay Yacht Club for Mooring Zone Al-3. Councilmember Unger seconded the motion and it passed unanimously. (5-0) Council took up Public Hearing items at this time and placed the remaining New Business items at the end of the agenda. jij_)Aowl101*1ii;&31WT3?aq-1R ZNI Steve Wolter, Recreation & Parks Director, reviewed Resolution No. 45-93 approving the Engineer's report and noticing the City's intention to levy an annual assessment for the Bayshore Bluffs Park Maintenance Assessment District. Mr. Wolter explained the costs involved in maintaining the park compared to other parks in the area. The budget estimates revenues at $28,673 to maintain the park, and expenditures are expected to be $30,667 for 1992-1993 fiscal year. Councilmember Mullen said this is a 3.3 acre park costing $8,000 per acre to maintain, which seems high. • Councilmember Mullen asked if the Homeowner's Association has been apprised of the rising costs. Mr. Wolter stated he felt n LJ MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1993 PAGE 8 communications with the Homeowner's Association had improved this year. Councilmember Crotzer was concerned prospective buyers in the Bayshore development be advised by the sellers and/or the real estate agents of the current assessments and ongoing costs prior to purchasing a unit. Mayor Yates would like the park changed back to a nature/natural park, and Mr. Wolter agreed that would be a good idea. Council asked Staff to have the name Bayshore Bluffs Park placed on the next Recreation & Parks Commission agenda for consideration of a name change to Bayshore Bluffs Nature Area. Mayor Yates also suggested a public hearing be held addressing the name change. Mayor Yates asked for public comment and publicly apologized to Mrs. Brebes and two other people for erroneously sending letters to them noticing them they were in the assessment district. Mary Phillips was concerned this will leave the door open for all of Morro Bay to pay for this and wanted to know if this would interfere in any way with Prop. 13. City Attorney Hunt assured her it would not. • Charles Palmer, 485 Estero, Morro Bay stated in his experiences doing financial calculations for maintenance projects, staff time is not usually included. It's only included in capital projects. If the City is including City Administrator, Finance Director and others' time, that sounds like the City is figuring for capital projects rather than maintenance projects. The protest hearing is scheduled for July 12, 1993. MOTION: Councilmember Unger moved to approve Resolution No. 45-93. The motion was seconded by Councilmember Luna and motion carried unanimously. (5-0) Councilmember Mullen wanted to go on record as saying she hoped these assessments would go down after a while. Mayor Yates called for a break. D-2 RESOLUTION NO, 44-93 ESTABLISHING "HEALTH CARE -RELATED FACILITY" WATER RATE SCHEDULE FOR SEASHELL COMMUNITIES Jon Crawford, Public Works Director, presented background information on this request. The Water Advisory Board recommended that Council adopt Resolution No. 44-93 establishing a special lifeline style rate structure for health care related • facilities, in particular, the existing Seashell Communities. Staff recommended Council reject the request due to the loss of revenue for the water fund. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1993 PAGE 9 Mr. Crawford indicated the water bill at Seashell Communities reflects only .25% of total operating expenses. A compromise rate structure that would initially benefit Seashell yet encourage conservation was negotiated and approved by the WAB. This proposed rate structure caps the first 800 units of water used at the facility at the cost per unit value assigned for 10 units billed ($3.26/unit). All water usage beyond 800 units during the billing period would be billed at the ultimate water use rate. Approval of the lifeline rate structure will reduce revenues to the water fund by approximately $37,536. These revenues will have to be absorbed by the water fund or supplemented by additional revenues. This rate structure is recommended to further conservation within the facility; 915 units per month is current usage. Limiting to 800 at the 10 unit billed rate will hopefully reduce consumption. Councilmember Crotzer stated Seashell pays two times as much as regular households because they are in a group situation. • Councilmember Unger asked if Louise Burt had made any commitment on behalf of the City to Seashell. City Attorney Hunt told Council they should be aware that Louise Burt could not bind the City. John Crawford stated because of Ms. Burt's conversations with Seashell, he felt it necessary to take a portion of those statements to the WAB. Councilmember Unger asked what the total monthly bill is at Seashell? Jon Crawford stated the average bill is $5735/mo. A discussion took place regarding putting different meters on the Seashell premises. Jon Crawford was concerned this would be very costly and would open a Pandora's Box for similar requests. Mr. Cess, Seashell Communities, spoke in favor of reduced rates for Seashell and showed slides. He requested support for special rates for health care facilities and said it costs him 1.25% of his revenue for water. He said Seashell pays over twice for a gallon of water than does a regular resident. Seashell reduced water consumption by 29%, and still the water bill went up dramatically. Mr. Cess asked for fair consideration, and a fair equity in water rates and a "level playing field". Mr. Cess stated Seashell's water consumption for 1993 is estimated to be 11,328 units, compared to 13,452 in 1989; and their annual water charges are estimated to be $75,960 for 1993 • compared to $37,956 in 1990. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1993 PAGE 10 Councilmember Unger asked Mr. Crawford how we would recoup the $37,000? Mr. Crawford stated he anticipates making it up after the first year, and that we would look at baseline rates and a couple of other areas. Charles Palmer stated what is being proposed is illegal; you cannot make a special rate for one individual place. He also stated the City's water rates are biased to low users. Stuart McElhinney said if Council treats Seashell Communities special, they will need to look at schools, too. The whole policy on the water rate structure should be reviewed. Councilmember Mullen feels Seashell Communities and other health care facilities have a "special need". Councilmember Luna stated he is concerned with the potential loss of revenue to the water fund; the City needs to be consistent and reevaluate the whole billing structure. Mayor Yates agreed the City needs a revised rate structure within a reasonable amount of time. A discussion prevailed on different classes of users; City • Attorney Hunt said the classes of users needs to be defined. Councilmember Luna said Council can't just support Seashell, but a class of health care facilities. Councilmember Mullen asked City Attorney Hunt if he would like to have time to develop the language, and he said he would. MOTION: Councilmember Luna moved this item be returned to the WAB and Staff establishing a classification for special water rates for health care facilities in the City of Morro Bay; and, reevaluate our future rate structure or some alternative within 90 days. Motion was seconded by Mayor Yates and failed on the following vote: Ayes: 2 Noes: 3 MOTION: Councilmember Mullen moved this item be returned to Staff and City Attorney to define the Resolution, getting the City Attorney's interpretation of the classifications, and return at the next available meeting. Councilmember Unger seconded the motion and it carried unanimously. (5-0) MOTION: Councilmember Mullen moved Staff begin a major review of the water rates. Councilmember Unger seconded the motion and it carried unanimously. (5-0) • Mayor Yates asked for a break. 9:14 - 9:35 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1993 PAGE 11 • D-3 CONTINUED PUBLIC HEARING ON APPEALS FOR CASE NO PM 04-92 (VESTING) CUP 03-88/CDP 43-92; TRI W ENTERPRISES. APPLICANT. TRI W ENTERPRISES. PETER DIFFLEY. AND CHRISTINE GRANADOS APPELLANTS, APPEAL OF PLANNING COMMISSION ACTION ON TRI-W'S REQUEST FOR A VESTING TENTATIVE PARCEL MAP fPORTION OF THE PRECISE PLAN CUP 03-88) AND COASTAL DEVELOPMENT PERMIT TO SUBDIVIDE ONE EXISTING 177.23 ACRE PARCEL INTO THREE PARCELS OF 17.50 ACRES; 3.18 ACRES: 7.12 ACRES WITH THE REMAINDER PARCEL OF 147.44 ACRES FOR PROPERTY LOCAATED AT THE EASTERN TERMINUS OF MORRO BAY BLVD, AT HIGHWAY ONE, THE CITY COUNCIL WILL ALSO DISCUSS A FINDING THAT PARCEL ONE IS CON- SIDERED "IN -FILL". THIS SITE IS ALSO LOCATED WITHIN THE APPEAL JURISDICTION OF THE CALIFORNIA COASTAL COMMISSION WHICH IMPOSES AN ADDITIONAL 10 WORKING DAY APPEAL PERIOD FOLLOWING THE CITY'S FINAL ACTION. fCEOA DETERMINATION: PREVIOUS CERTIFIED EIR) Community Development Director, Don Funk recommended the appeals be denied except for those regarding the revised four conditions and Council approve the tentative map for one parcel and a remainder parcel. A finding has been added describing parcel 1 as being "in -fill" • pursuant to the General Plan/Local Coastal Program. Properties which do not have city services and do not front on public streets are not considered "in -fill" and therefore cannot be developed pursuant to Measure F which was incorporated into the General Plan/Local Coastal Program. It is clear that the remainder parcel is not "in -fill". Don Funk stated the zoning issue has been resolved by the State Coastal Commission. Mr. Funk reviewed the issue of "in -fill" and advised Council they do not have to make a decision regarding "in -fill" to approve the map. The definition is brought to the Council because Staff would like Council direction on this issue since the Planning Commission is going to be discussing the precise plan shortly. Measure F states development cannot occur unless a piece of property is defined as "in -fill". Staff would be prevented from issuing a building permit if a property were not described as "in -fill". Marshall Ochylski said he expects to see the City approve the map based on the numerous discussions held and the Coastal Commission certification of Measure H. • Councilmember Mullen stated she would rather take in -fill off the map, approve the map this evening and postpone the issue of "infill" or "non in -fill" to a later date. She does not believe MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1993 PAGE 12 • this is the appropriate time or place to make a definition and does not want to see anything on the map that would be considered "appealable". MOTION: Councilmember Mullen moved to eliminate finding #11 from the Resolution. Councilmember Luna seconded the motion and it unanimously passed. (5-0) MOTION: Councilmember Mullen moved that should the applicant bring forward a building permit, Council will then be asked to address the issue of "in -fill". Councilmember Unger seconded the motion. Councilmember Luna suggested this be done before an application is brought forward. MOTION: Councilmember Mullen amended her motion to request Staff return with a proposed definition of "in -fill" concurrent with future water management plan no later than 11/30. Councilmember Unger accepted the amendment. Marshall Ochylski stated he was afraid this would go on • interminably. MOTION: Councilmember Mullen again amended her motion to direct Staff to bring back discussion of "in -fill" and the definition along with the water management plan no later than November 30. Councilmember Unger accepted the amendment, and the motion carried unanimously.(5-0) MOTION: Councilmember Mullen moved to adopt Resolution 40-93 as amended. Mayor Yates seconded the motion and it unanimously passed. (5-0) D-4 SUB -COMMITTEE REPORT ON MORRO BAY MUNICIPAL CODE AD -HOC Council was asked to review and approve the proposed language of the Morro Bay Municipal Code Ad -Hoc Committee. Councilmember Mullen explained this includes proposed by-laws. The Sub- committee made changes Councilmember Crotzer had requested; and, they directed certain sections of the code be reviewed and returned to Council, with other sections returned to the Committees responsible for those sections of the code. Councilmember Mullen stated if Council adopts the by-laws, a resolution will be prepared for adoption at the next meeting. Forrest Henderson stated a Resolution can 'be placed on the • Consent Calendar for approval and Staff can go ahead and advertise for membership on the Ad -Hoc Committee after the resolution is approved. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1993 PAGE 13 MOTION: Councilmember Unger moved that Council approve the pro- posed language of the Morro Bay Municipal Code Ad -Hoc Committee as submitted. Councilmember Luna seconded the motion and it carried unanimously. (5-0) Staff was asked to prepare a resolution. D-5 Jon Crawford requested authority to submit application for a replacement vehicle. MOTION: Councilmember Luna moved that Resolution No. 39-93 be adopted. Councilmember Unger seconded the motion, and it carried unanimously. (5-0) D-6 Councilmember Mullen stated she is concerned about JPA • discussions that are going on. She asked if this implies we are not going to work on the JPA until this comes back in August or September and further delay implementation? Jon Crawford answered the JPA is being worked on as diligently as it can be at this point in time. MOTION: Councilmember Mullen moved to table this item. Council - member Unger seconded the motion and it was passed unanimously. (4-0 Councilmember Luna temporarily absent.) Councilmember Mullen asked the Council to consider establishment of a panel to arbitrate neighbor -to -neighbor disputes in the City. After discussion, all Councilmembers agreed it would be beneficial to pursue the establishment of such a panel, and Councilmember Mullen agreed to obtain additional information pertaining to its formation. Councilmember Crotzer wants to heighten public awareness in support of the library system. He stated many people depend on the library and because of budgetary cutbacks, it's anticipated . that hours will be decreased. Councilmember Crotzer asked that we try to find alternate ways to staff the library. 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1993 PAGE 14 Councilmember Mullen said she believes no fundraising dollars go toward salaries for staff. Council hoped the County would develop a means whereby funds can be donated to help with staffing. Councilmember Crotzer mentioned the possibility of staffing with volunteers. MOTION: Mayor Yates moved this item return at the first available time at the top of the public hearing calendar, and representatives from Friends of the Library, local and County library staff, and Supervisor Laurent be invited to attend. Councilmember Unger seconded the motion and it was unanimously passed.(5-0) F. MOTION: Councilmember Unger moved to adjourn the meeting. Motion seconded by Councilmember Mullen, and was unanimously passed. (5-0) Meeting was adjourned at 10:16 p.m. Recorded by: SHARON MILLER Deputy City Clerk • NOT = C E O v SPEC = AL MEET = NG NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Tuesday, 15 June 1993, at 4:00 P.M. in the Community Center Conference Room, 1001 Kennedy Way, Morro Bay, California. Council will immediately adjourn to Closed Session to consider the following: • �-- :_.Ivy_ .Y • ! _. _ :. • �1� _ _ • ' • REV 2 S ED NOT = C E OF BUDGET WORKSHOP S E S S= ON NOTICE IS HEREBY GIVEN that the Morro Bay City Council Budget Workshop Sessions for the Fiscal Year 1993-94 preliminary budget is • as follows: Tuesday. June 15th - Follow-up items will be heard from the previous budget meeting discussions. The meeting will be held in the Community Center Multi -Purpose Room, 1001 Kennedy Way, Morro Bay, California, and will begin at 4:30 p.m. DATED: June 11, 1993 A AM WILLIAM YATES, May City of Morro Bay, lifornia 0 • u U REV = S E D NOTICE OF BUDGET WORKSHOP SESSION NOTICE IS HEREBY GIVEN that the Morro Bay City Council Budget Workshop Sessions for the Fiscal Year 1993-94 preliminary budget is as follows: Friday. June filth - Follow-up items will be heard from the previous evenings discussions. The meeting will be held in the Community Center Multi -Purpose Room, 1001 Kennedy Way, Morro Bay, California, and will begin at 4:00 p.m. DATED: June 7, 1993 QJWO WILLIAM YATES, May City of Morro Bay, lifornia REV= S ED NOTICE OF BUDGET WORKSHOP SESSIONS NOTICE IS HEREBY GIVEN that the Morro Bay City Council Budget Workshop Sessions for the Fiscal Year 1993-94 preliminary budget is as follows: Tuesday. June 8th - Aid to Agencies, Administration, Finance, Non -Departmental, and Revenue Summary to be presented to the City Council. Wednesday, June 9th - Police, Fire, and Harbor budgets will be heard. Thursday, June loth - Recreation & Parks, Community Development, and Public Works budgets will be heard. Friday. June llth - Follow-up items will be heard from the previous evenings discussions. The meetings will be held in the Community Center Multi -Purpose • Room, 1001 Kennedy Way, Morro Bay, California, and will begin at 6:00 p.m. DATED: June 7, 1993 WILLIAM YATES, Ma r City of Morro Bay California C7 n 0 lqn 2(1 M 3 NOT = C E OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Wednesday, 26 May 1993, at 5:00 p.m. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California. Council will immediately adjourn to Closed Session to consider the following: GOVERNMENT CODE §54957, PERSONNEL DATED: MAY 25, 1993 r WILLIAM YATES, May` City of Morro Bay, ^alifornia • 0 0 r �at a4l M3 • E-4 City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION - MAY 24, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA ♦ DAVID A. NORTON V. GARY A. NAPPER, ET AL, CV 90-6301 JGD (BX), FEDERAL DISTRICT COURT ♦ ISSUES RELATED TO THE LEASE SITE NEGOTIATIONS ON THE WATER FRONT ♦ PERSONNEL SYSTEM ISSUES REQUEST FOR PATERNITY LEAVE ♦ FOR THE PURPOSE OF REVIEWING THE CITY'S POSITION WITH RESPECT TO LABOR NEGOTIATIONS AND INSTRUCTING THE CITY'S DESIGNATED REPRESENTATIVES REGULAR MEETING - MAY 24, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE LIGHTEN UP MAYOR'S REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. 0omments should normally be limited to three minutes. 4W CLARATION OF FUTURE AGENDA ITEMS (CITY COUNCIL) A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF APRIL 26, 1993 A-2 STATEMENT OF CASH AND INVESTMENTS - APRIL 1993 A-3 EXPENDITURE REPORT - APRIL 1993 A-4 CONSENT TO ASSIGNMENT AND APPROVAL OF AMENDMENT TO LEASE AGREEMENT (LEASE SITE 62-62W; APPLICANT - VALENZUELA) A-5 WATER SUPPLY STATUS REPORT A-6 NOTICE OF COMPLETION - TIDELANDS PARK PROJECT (RECREATION PHASE); RP 91-01 A-7 PROCLAMATION DECLARING JUNE 6-12, 1993 AS "NATIONAL SAFE BOATING WEEK" A-8 RESOLUTION TO APPROVE DESALINATION PLANT FINANCE DOCUMENTS AND TO PLEDGE WATER FUND RESERVES 0. UNFINISHED BUSINESS B-1 ORDINANCE NO. 431 - ANGLE PARKING (SECOND READING/ADOPTION) AND IMPLEMENTING RESOLUTIONS) FOR CERTAIN DOWNTOWN STREETS C. NEW BUSINESS C-1 REQUEST FOR POLICY CLARIFICATION ON CITY SUPPORT OF HARBOR FESTIVAL C-2 DISCUSSION OF PROPOSED TREATMENT FACILITY FOR WELLS NO. 8 AND 12 D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 PUBLIC HEARING ON CALIFORNIA ESTUARY PROGRAM AS PROPOSED BY ASSEMBLYWOMAN SEASTRAND D-2 CONSIDERATION OF MODIFYING TWIN BRIDGES FROM A 50-YEAR TO A 25-YEAR BRIDGE STATUS D-3 CONSIDERATION OF A UNIT PRIORITY FOR AFFORDABLE HOUSING PROJECT (MODERATE INCOME) AND A REQUEST BY APPLICANT FOR WAIVERS OF WATER, SEWER AND PERMIT FEES (530 MIMOSA STREET; APPLICANT - GLENDA YOUNG) D-4 APPROVAL OF GRANT APPLICATION TO STATE DEPARTMENT OF BOATING AND WATERWAYS FOR CONSTRUCTION OF A NEW BOAT LAUNCH RAMP IN THE TARGET • ROCK/COLEMAN BEACH AREA 2 5 CONTINUED PUBLIC HEARING ON APPEALS FOR CASE NO. PM 04-92 (VESTING)CUP 03-88/CDP 43-92); TRI W ENTERPRISES, APPLICANT. TRI W ENTERPRISES, PETER DIFFLEY, AND CHRISTINE GRANADOS, APPELLANTS. APPEAL OF PLANNING COMMISSION ACTION ON TRI-W'S REQUEST FOR A VESTING TENTATIVE PARCEL MAP (PORTION OF THE PRECISE PLAN CUP 03-88) AND COASTAL DEVELOPMENT PERMIT TO SUBDIVIDE ONE EXISTING 177.23 ACRE PARCEL INTO THREE PARCELS OF 17.50 ACRES; 3.18 ACRES; 7.12 ACRES WITH A REMAINDER PARCEL OF 147.44 ACRES FOR PROPERTY LOCATED AT THE EASTERN TERMINUS OF MORRO BAY BLVD. AT HIGHWAY ONE. THIS SITE IS ALSO LOCATED WITHIN THE APPEAL JURISDICTION OF THE CALIFORNIA COASTAL COMMISSION WHICH IMPOSES AN ADDITIONAL 10 WORKING DAY APPEAL PERIOD FOLLOWING THE CITY'S FINAL ACTION. (CEQA DETERMINATION: PREVIOUS CERTIFIED EIR) D-6 PUBLIC HEARING FOR DRAFT CITY SOURCE REDUCTION AND RECYCLING ELEMENT (CONTINUED TO JUNE 14, 1993) F. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. • CJ • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - MAY 24, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Forrest Henderson City Administrator David Hunt Int. City Attorney E. CLOSED SESSION MOTION: Councilmember Mullen moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 5:15 p.m. and returned to regular session at 5:56 p.m. F. MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) The meeting adjourned at 5:56 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. P- - PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember 0 Ahnawake Unger Councilmember • • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24, 1993 PAGE 2 ABSENT: None STAFF: Forrest Henderson David Hunt Rick Algert Jon Crawford Bridgett Davis Don Funk Dave Howell Jeff Jones Tom Smith of the Coast Guard Auxiliary Allegiance. City Administrator Int. City Attorney Harbor Director Public Works Dir. City Clerk Comm. Dev. Dir. Police Chief Fire Chief led the Pledge of Mayor Yates introduced Roger Ewing who told a story of an over- weight man who chased a lovely lady enough to lose weight. Mayor Yates honored Bob Fox and Ron Motter with certificates of recognition for their heroic actions in the rescue of Karen Clark on May 20, 1993. Mayor Yates deferred to Councilmember Crotzer who introduced Michael Blank, attorney for California Rural Legal Assistance. Mr. Blank addressed Ceasar Chavez's efforts as a great American labor leader. Mayor Yates introduced Ed Smith who commended Morro Bay's Fire Department and Police Department for their efforts in caring for Father Sweeney of St. Timothy's Catholic Church during Mass. Mayor Yates deferred to Councilmember Mullen who shared information she received at a Green -Tourism Conference. She also shared her experience at Career Day at Del Mar Elementary School. PUBLIC COMMENT Mary Phillips, 2365 Ironwood, referred to Ordinance No. 103 stating the people of Morro Bay have a right to vote on the proposed launch ramp at Coleman Park. Mayor Yates clarified that Ordinance No. 103 was over -turned in Court many years ago. Mrs. Phillips asked Council to pull Item A-8 (resolution to approve desalination plant finance documents) off the Consent Calendar. Mayor Yates clarified the desalination plant has been paid off and tonight's action is entering an agreement for a lease/purchase agreement to pay the General Fund back. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24, 1993 PAGE 3 • Charles Palmer, 485 Estero, referred to Item C-2 (discussion of proposed treatment facility for wells no. 8 and 12) and read excerpts from the City's Land Use Plan regarding water and sewer. Jack Franklin, 1540 Little Morro Creek Road, addressed the Council on A -frame signs and violations to the City's municipal code. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Luna requested an item be agendized to discuss A -frame signs in relation to the City's municipal code. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A=1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF APRIL 26. 1993 Mr. Henderson recommended Council approve the minutes for the Regular Meeting of April 26, 1993. A-2 STATEMENT OF CASH AND INVESTMENTS - APRIL• 1993 • Mr. Henderson recommended Council approve the Statement of Cash and Investments as submitted. A-3 EXPENDITURE REPORT - APRIL 1993 Mr. Henderson recommended Council approve the Statement of Expenditures as submitted. A-4 CONSENT TO ASSIGNMENT AND APPROVAL OF AMENDMENT TO LEASE AGREEMENT (LEASE SITE 62-62W• APPLICANT - VALENZUELA) Mr. Henderson recommended Council approve Resolution No. 33-93 consenting to assignment of Lease Site 62-62W. A-5 WATER SUPPLY STATUS REPORT Mr. Henderson recommended Council receive the report for information and file. A-6 NOTICE OF COMPLETION - TIDELANDS PARK PROJECT (RECREATION PHASE); RP 91-01 Mr. Henderson recommended Council pull this item from the Consent Calendar as Complete Development Services, Inc. has not completed items listed on the punch list dated April 16, 1993. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24, 1993 PAGE 4 • A-7 PROCLAMATION DECLARING JUNE 6-12, 1993 AS "NATIONAL SAFE BOATING WEEK" Mr. Henderson recommended Council adopt the Proclamation declaring June 6-12, 1993 as "National Safe Boating Week". A-8 RESOLUTION NO, 35-93 TO APPROVE DESALINATION PLANT FINANCE DOCUMENTS AND TO PLEDGE WATER FUND RESERVES Mr. Henderson recommended Council adopt Resolution No. 35-93 approving the Desalination Plant financing documents. Councilmember Mullen pulled Item A-1 for separate action; Mayor Yates pulled Item A-7; and Councilmember Unger pulled Item A-8. MOTION: Councilmember Unger moved to approve the Consent Calendar with the exception of Items A-1, A-6, A-7, and A-8. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF APRIL 26, 1993 Councilmember Mullen stated she had addressed corrections to the minutes of April 26, 1993 previously with the City Clerk. • MOTION: Councilmember Mullen moved to approve the minutes of the Regular Meeting of April 26, 1993 as amended. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-7 PROCLAMATION DECLARING JUNE 6-12, 1993 AS "NATIONAL SAFE BOATING WEEK" Mayor Yates discussed the proclamation declaring June 6-12, 1993 as "National Safe Boating Week". MOTION: Councilmember Unger moved Council authorize the Mayor to sign the proclamation declaring June 6-12, 1993 as "National Safe Boating Week". The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-8 RESOLUTION NO, 35-93 TO APPROVE DESALINATION PLANT FINANCE DOCUMENTS AND TO PLEDGE WATER FUND RESERVES Councilmember Unger referred to Item B-4 in the minutes of April 26, 1993 regarding debt service and the improvements to be made to the Desalination Plant. She asked staff what improvements are planned? Public Works Director Jon Crawford clarified there are mitigation items that need to be constructed. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24, 1993 PAGE 5 • Mayor Yates stated the City believes the best way to finance the Desalination Plant is through a lease purchase plan where the City will lease the plant for ten years and, after the ten years, own it free and clear. MOTION: Councilmember Luna moved to adopt Resolution No. 35-93 approving Desalination Plant finance documents and to pledge water fund reserves for payment of the rental obligations of the lease. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) MOTION: Councilmember Mullen moved to suspend the rules requiring the public hearing portion of the meeting begin at 7:00 p.m. in order to continue with the remainder of the agenda. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) B-1 ORDINANCE NO. 431 - ANGLE PARKING (SECOND READING/ADOPTION) AND IMPLEMENTING RESOLUTION NO, 36-93 FOR CERTAIN DOWNTOWN STREETS City Administrator Forrest Henderson stated this is the second reading and adoption of Ordinance No. 431 which refers to angle • parking; he recommended Council adopt the ordinance as well as implement Resolution No. 36-93 which designates a portion of Monterey and Market Avenues for one-way traffic, angle parking and on -street disabled person parking. Councilmember Luna asked if the proposed plan will enable emergency vehicles the turning radius they need? Fire Chief Jeff Jones responded it will require realigning the station's response plan into the new design. Councilmember Luna expressed a concern that angle parking might cause problems with car bumpers leaning into the curb. He asked if the City would be liable for damages? City Attorney David Hunt clarified the law with respect to dangerous conditions of public property stating the City is immune when reasonable care is used. Mayor Yates opened the hearing for public comment. Warren Dorn requested Council continue this item to a later date due to his son (owner of Dorn's Restaurant) being out of the country. Mr. Dorn believes his son needs the opportunity to assess the impact of one-way parking on his restaurant before Council makes a final decision. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24, 1993 PAGE 6 • Paul Donnelly, 979 Pacific Street, asked Council to defer this project and use the funds for street improvements. Councilmember Luna clarified the funds are coming from parking in -lieu fee funds which are budgeted only for parking. Diane Ludin., 2691 Koa, suggested Council approve striping on Monterey Street as an experiment. Bill Hartzell, Owner of Blue Sail Inn, stated this project will create a negative effect on their business. He said delivery trucks will create congestion and will not allow cars to drive through on a one-way street. Jack Franklin, co-owner of Brannigan's Reef, suggested Council table this item for further study. Ed Smith, stated a one-way street could cause a blind spot for some people and could be hazardous. Linda Ratel, manager of Brannigan's Reef, stated the proposed one-way parking on Market Street will create disadvantages for local businesses which include traffic congestion. George Leage, co-owner of Brannigan's Reef, reiterated Mr. Franklin's statement. • Roger Ewing stated stop signs at the intersection of Market Street and Morro Bay Boulevard need to be addressed. Mayor Yates closed the hearing for public comment. Mayor Yates clarified this is the second reading and final adoption of this ordinance, and numerous public hearings have been held addressing this issue. Councilmember Crotzer agreed that public input was needed earlier in the process. Councilmember Mullen stated Diane Ludin's recommendation to approve diagonal parking on Monterey Street as an experiment is a good idea. She said when businesses are being impacted by a proposal such as this, perhaps public notices should be hand - delivered to the businesses that may be affected. Councilmember Luna stated Diane Ludin's suggestion to create diagonal parking on Monterey Street is reasonable. Councilmember Unger agreed public input is needed earlier in the process. Mayor Yates clarified this item was advertised in the newspaper, and during the review of the Parking Management Plan Council directed staff to do the preliminary drawings and cost • estimate for this striping work. • • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24, 1993 PAGE 7 MOTION: Councilmember Luna moved Ordinance No. 431 be read by title and number only. The motion was seconded by Mayor Yates and unanimously carried. (5-0) City Administrator Forrest Henderson read Ordinance No. 431 by title and number. MOTION: Councilmember Luna moved to adopt Ordinance No. 431. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) MOTION: Councilmember Luna moved to approve Resolution No. 36- 93 with the amendment to delete all references to Market Street in the resolution. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) C-1 REQUEST FOR POLICY CLARIFICATION ON CITY SUPPORT OF HARBOR FESTIVAL City Administrator Forrest Henderson requested this item be continued to the June 14, 1993 Council meeting. C-2 DISCUSSION OF PROPOSED TREATMENT FACILITY FOR WELLS NO, 8 AND 12 Public Works Director Jon Crawford reviewed the proposed treatment facility for Well No. 8 and 12. Mr. Crawford offered Council six options: 1) stop using Well No. 8; 2) establish a new well; 3) increase sanitary seal to 50 feet (depth); 4) construct treatment facility; 5) operate as usual; and 6) an alternative source of water. Councilmember Unger stated the depth of Well No. 8 is 70 feet; she asked staff why it can't be drilled 150 to 250 feet to avoid surface water problems? She also asked why new wells cannot be drilled? Mr. Crawford responded currently the difficulty is controlling the nitrate levels in the existing wells which are too high; drilling new wells will not change that. Councilmember Unger asked when State Water is delivered will it be treated through the plant? Mr. Crawford responded no, it will already be treated. Mayor Yates expressed his concern with the financing of the proposed treatment facility. He asked why the Desalination Plant couldn't be used? Mr. Crawford responded the City does not have MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24, 1993 PAGE 8 • permission to operate the Desalination Plant as a primary source of water; and, if the City chooses not to continue towards the construction of this proposed treatment facility, the State will order Well No. 8 to be shut off. Councilmember Mullen stated if she votes affirmative to proceed with the application for this loan, she would like the assurance of having the opportunity to approve or deny acceptance of the loan in the future. Mr. Crawford assured the Council of his commitment to acquire water at the lowest price for the best quality water available. Councilmember Mullen stated the application document states the loan monies cannot be used for equipment. She asked if this means the City will be spending money on top of the loan money? Mr. Crawford responded the issue of equipment means the City cannot buy items that can be used for other City purposes. Councilmember Crotzer referred to action the Water Advisory Board and City Council took in October 1991 approving the treatment of Well No. 8. Councilmember Crotzer elarified-him-part#e#petier-ea tke-�-,�d�ri-sor�-Beard-ifr-eppro�ra�-ef-pnrsa#�+g-the--toaa,--aad stated it was to be a reimbursable loan as well as a reversible process at a minimal charge to the City. • Charles Palmer stated there are three well fields with lots of surface water. He said the City owns property with a well along the boundary on State Park Road. Councilmember Mullen asked that a letter be drafted to the Coastal Commission addressing the conditions on the Desalination Plant and return to the City Council meeting of June 14, 1993 for approval. Mayor Yates asked that it come back to the next available City Council meeting. No action was taken on this item. D. PUBLIC HEARINGS. REPORTS & APPEARANCES Mayor Yates introduced Bill Newman, representative of the Friends of the Estuary. Mr. Newman reviewed the estuary program (AB640) proposed by Assemblywoman Seastrand. He said AB640 will designate Morro Bay as a State Estuary Management Planning Area. Councilmember Mullen asked Mr. Newman to clarify the difference between the State Bill versus the Federal Estuary Program. Mr. Newman responded there is very little difference between the two because they patterned the State Bill after the National Estuary • Program process. He said the effect of the management plan, if MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24, 1993 PAGE 9 • it had been a National Estuary Program, would obligate federal agencies to be involved in carrying out the plan. If the State Estuary Program is adopted it will probably allow Morro Bay to be accepted in the National Estuary Program. Councilmember Mullen stated the bill does not provide for funding of the program. She asked if there is money to provide for costs? Mr. Newman responded they can maintain the program with volunteer work and contributions that agencies are making to the task force. Mayor Yates asked Mr. Newman if they could remove the following language: "This bill would provide that no reimbursement shall be made from the State Mandates Claims Fund for costs mandated by the State pursuant to this act, but would recognize that local agencies and school districts may pursue any available remedies to seek reimbursement for these costs." Mr Newman responded it cannot be removed because there are agencies mandated to participate; he said the only way around it would be to eliminate the mandate. Councilmember Luna stated his concern of the City not being able to pursue reimbursement through State mandates. He said the bill needs language that enables the City to maintain a level of autonomy and protect the City from the State imposing erroneous • mandates and conditions on the management plan. Councilmember Crotzer stated he appreciates the efforts of the Friends of the Estuary in the protection of the bay. Mayor Yates expressed concern there is no protection for existing uses. Mr. Newman responded the management plan is needed to protect the wildlife of the bay. Mayor Yates opened the hearing for public comment. Cathy Novak, 436 Fresno, stated Proposition 132 (Ecological Reserves) did not intend for the ecological reserves to exclude human use. The bill needs specific language that states what the reserves can be used for. Charmaine Gallagher stated she is interested in supporting the bill with the protection of the existing uses of the bay. Cathy Cordero stated the business community will not support this plan unless there is a specific amendment that protects existing uses of the bay. She expressed her concern of Cal EPA overseeing this program. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24, 1993 PAGE 10 • Bud Laurent, District Two Supervisor, stated a valid concern should be what existing or future uses should be protected. Supervisor Laurent agreed the language regarding the economic issue needs to be addressed. Mayor Yates closed the hearing for public comment. Community Development Director Don Funk stated the bill should be consistent with the City's Local Coastal Plan. No action was taken on this item. 11-2 CONSIDERATION OF MODIFYING TWIN BRIDGES FROM A 50-YEAR TO A 25-YEAR BRIDGE STATUS Public Works Director Jon Crawford reviewed the staff report and recommended Council direct staff to contact County staff to re- emphasize the importance of the project and the immediate need to certify the EIS/EIR and move forward with the final design. Mayor Yates opened the hearing for public comment. Bud Laurent, District Two Supervisor, stated he is concerned with the size of a 50-year bridge which would be approximately ten feet above the existing roadway of Twin Bridges. He said Cal • Trans will endorse a 25-year bridge if it will be placed on the designated alignment. Supervisor Laurent recommended the consideration of a 25-year bridge which will require a lower roadway and will be less of a financial responsibility. Mr. Crawford stated Council will be one of the deciding factors on the size of bridge. He said the direction is to go with the 50-year bridge; however, if there is a more cost-effective means to lower the bridge to a 25-year bridge, that issue will return to Council at a later date. Councilmember Crotzer stated the City should assure all agencies involved that the intent is to build a bridge now. Mayor Yates agreed with Councilmember Crotzer and said this project will not be stalled by the City. Bea Rohan, 2501 Elm, asked why the bridge needs to be a 25- or 50-year bridge? Mayor Yates clarified the Council's intent is to build anywhere between a 25 and 50-year bridge. Steve Grinrod asked how far back will the road be raised? Mr. Crawford responded the road will be raised beginning with the curb along the entrance of the mobilehome park. Mr. Grinrod 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24, 1993 PAGE 11 • suggested placing a spillway next to the roadway east of the bridge to allow the water to flow across and under the bridge on the south side to alleviate flooding until another bridge is built. Mary Phillips, 2645 Ironwood, stated she is under the impression the City does not have any more Cal Trans funds allotted because it was used for SB 325 (Dial -A -Ride). Mayor Yates clarified this proposal is being funded by federal highway funds which is passed on to Cal Trans to oversee. Supervisor Laurent addressed the Chorro Flats Project and its relation to the repairs to Chorro Creek. Mayor Yates closed the hearing for public comment. MOTION: Councilmember Mullen moved Council support anywhere between a 25- and 50-year bridge. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Mayor Yates called for a break at 9:10 p.m.; the meeting resumed at 9:20 p.m. Community Development Director Don Funk reviewed the request for a fee waiver and unit priority for 530 Mimosa Street based on Section 17.50.040 which allows for fee waivers in lieu of density bonuses or development standard reductions. Mr. Funk offered Council three options to review and further recommended the project be awarded a priority for affordable housing. Councilmember Crotzer asked if it is possible not to allow a density bonus? Mr. Funk responded if the applicant has provided affordable housing on the project site, Council is obligated by law to provide a density bonus. Councilmember Crotzer stated affordable housing should be based on the need of the current rental market. Councilmember Luna stated the only way he will support this proposed housing project is if a deed restriction is placed on the property to require it be maintained as affordable or low- cost housing. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24, 1993 PAGE 12 • City Attorney David Hunt stated he had a conversation with Attorney Shane Kramer whose clients are concerned with this proposed project in relation to the Mimosa Street Assessment District. Mr. Hunt noted granting this proposal could result in potential litigation by Mr. Kramer's clients. Jeff Edwards, representative for applicant, stated the proposed 11-unit complex has been carefully planned and includes on -site parking. He said the applicant will sign an agreement with the City restricting the property as affordable housing for a term of thirty (30) years. Mr. Edwards stated condominium conversion is not intended at this time; however, if that option becomes available, the tenants will have the opportunity to lease with the option to buy. Mr. Edwards requested the original application fee that has already been paid by the applicant in the amount of $1788.62 be refunded. Mayor Yates opened the hearing for public comment. Christine Granados, 2000 Bayview, stated her house is located across from the proposed project. She said neighboring property owners are uncomfortable with the project and do have concerns with traffic and the density of the proposed project. Ann Freeman, 785 Cabrillo Plac, • Council should make is the dens law. She asked if the units ca without changing the rent before they have to wait until the end responded they could be turned . years but the price would have t level. Ms. Freeman requested remain as a low-income apartment period. r l stated the only concession .ty bonus which is mandated by n be converted to condominiums the end of thirty years or do of thirty years? Mayor Yates nto condominiums within thirty > be within the moderate income Council stipulate the project complex during the thirty year Geraldine Price, 2045 Ironwood, expressed her opposition to this proposed project. She said there is no legal street serving this proposed development. Mrs. Price stated she and her husband are the sole owners of Mimosa Street and have never been paid for it. She said they have rescinded the condemnation offer, and the eminent domain action will be heard in court at a later date. Mrs. Price stated it is their intent to pursue legal action to the fullest extent of the law including action to address the damages they have suffered at the hands of the City in the Mimosa Street matter. She suggested Council put this matter on hold until all legal disputes are resolved. Mrs. Price clarified that her attorney (Shane Kramer) was the attorney who contacted City Attorney David Hunt. Mary Phillips expressed her opposition to the applicant being granted a fee waiver for the proposed project. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24, 1993 PAGE 13 • Supervisor Laurent asked if apartments and condominiums are built to different standards? Mr. Funk responded apartments have minor differences that can easily be changed to meet the condominium standards. Mayor Yates closed the hearing for public comment. City Attorney David Hunt suggested Council defer this item to the next available City Council meeting, it will allow him to take a closer look at the issue. MOTION: Councilmember Mullen moved to continue this item to the next available City Council meeting in order to get the opinion of the Interim City Attorney. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Harbor Director Rick Algert reviewed the grant application to the State Department of Boating and Waterways for construction of a new boat launch ramp in the Target Rock/Coleman Beach area. Mr. Algert recommended Council approve Resolution No. 34-93 • authorizing application for a grant to construct a second boat launch ramp. It was clarified that this project is still being reviewed as a part of the Waterfront/Rock Specific Plan. Councilmember Luna asked what is the deadline for the grant application? Mr. Algert responded there is an annual deadline of June 1st of each year to be allowed consideration for the next fiscal year. Councilmember Luna asked if it would be more favorable to obtain a grant after the Waterfront/Rock Specific Plan was certified by the Council and which endorses a second boat launch facility within it? Mr. Algert responded the City is in a favorable position to be considered at this time. Councilmember Unger asked if there are matching funds with the grant? Mr. Algert responded there is no matching fund requirement for the grant program. Councilmember Unger asked who is responsible for maintaining the launch ramp after it is built? Mr. Algert responded it will be the City's responsibility to maintain the ramp. Councilmember Crotzer asked if the funding mechanism would remove the Council's ability to take public input on how the Waterfront/Rock Specific Plan is developed? Mr. Algert responded there is no commitment for the City to accept the money. 40 Mayor Yates opened the hearing for public comment. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24, 1993 PAGE 14 is Ray McKelligott stated the application for the grant is premature and more public input is needed. Sandy Winston, Vice President of Morro Bay Commercial Fishermen's Association, expressed his support for the project. Leba Winters stated the boat launch ramp is a possible recommendation in the Waterfront/Rock Specific Plan for public input. Ann Freeman, 785 Cabrillo Place, requested Council not approve the grant application this year in order to allow for more public input. Bud Laurent stated a traffic circulation study would show the need for a second launch ramp. He said the ramp should be placed close to the mouth of the bay. Mr. Laurent stated there are environmental concerns to be addressed. Mayor Yates closed the hearing for public comment. Mayor Yates stated without another launch ramp, economic resources for the City will be diverted. Councilmember Mullen stated Council should find a way to work the . Waterfront/Rock Specific Plan in order to make it a win -win solution for the City. She said wants to see this plan successfully dealt with in the community. Councilmember Crotzer stated his focus is on the sensible use and design of the bay. He stated the City needs to find a process that determines if it is or is not a good idea to have a second launch ramp. Councilmember Unger stated she is in favor postponing the grant application for one year in order to obtain more input. Councilmember Luna stated his concern is with the matter of process. He said it would be best to wait until the plan has been certified by the Council. MOTION: Councilmember Mullen moved to postpone the processing of the grant application at this time. The motion was seconded by Councilmember Unger and carried with Mayor Yates and Councilmember Crotzer voting no. (3-2) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24, 1993 PAGE 15 • D-5 CONTINUED PUBLIC HEARING ON APPEALS FOR CASE NO, PM 04-92 (VESTING)CUP 03-88/CDP 43-921: TRI W ENTERPRISES, APPLICANT. TRI W ENTERPRISES, PETER DIFFLEY. AND CHRISTINE GRANADOS, APPELLANTS. APPEAL OF PLANNING COMMISSION ACTION ON TRI-W'S REQUEST FOR A VESTING TENTATIVE PARCEL MAP (PORTION OF THE PRECISE PLAN CUP 03-88) AND COASTAL DEVELOPMENT PERMIT TO SUBDIVIDE ONE EXISTING 177.23 ACRE PARCEL INTO THREE PARCELS OF 17.50 ACRES: 3.18 ACRES: 7.12 ACRES WITH A REMAINDER PARCEL OF 147.44 ACRES FOR PROPERTY LOCATED AT THE EASTERN TERMINUS OF MORRO BAY BLVD AT HIGHWAY ONE THIS SITE IS ALSO LOCATED WITHIN THE APPEAL JURISDICTION OF THE CALIFORNIA COASTAL COMMISSION WHICH IMPOSES AN ADDITIONAL 10 WORKING DAY APPEAL PERIOD FOLLOWING THE CITY'S FINAL ACTION. (CEOA DETERMINATION: PREVIOUS CERTIFIED EIR) Community Development Director Don Funk reviewed the proposed revised conditions regarding open space, restricted access, Circulation System, and timing of the recordation of the Final Map. City Attorney David Hunt stated his interpretation of the Coastal Commission's intent is for the City to prepare and submit a Water Management Plan. Marshall Ochylski, representative for Tri-W, stated they have a • concern with Condition D.5 (Restriction for Access) and the issue of "relinquishing" vs. "restricting" access rights. He said the three acres between the freeway ramp, the proposed Creekside Boulevard, and Willow Camp Creek is totally inaccessible under this restriction and they cannot agree to relinquish all access rights. Mr. Ochylski stated he would like this to be resolved at the City level before going to the Coastal Commission. Public Works Director interpreted the word "restrict"• gives the control of access to the property owner, and "relinquish" provides the access control to the City. He said access can be obtained by the applicant through a vacation process. Councilmember Crotzer asked if there would be access if necessary? Mr. Crawford responded a right-of-way restriction fence will be installed for emergency access. Marshall Ochylski expressed his concern with the access through a pre-existing driveway which will be removed as part of the project. He said they will not be able to build a new culvert over the creek because of the setback requirements which will not allow access to that parcel. Mayor Yates opened the hearing for public comment. There was no public comment and Mayor Yates returned the hearing to Council for discussion. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24, 1993 PAGE 16 • City Attorney David Hunt recommended Council direct staff to continue this issue to the June 14, 1993 City Council meeting so action can be taken after the Coastal Commission acts on Measure H. MOTION: Councilmember Luna moved to accept and approve the conditions as submitted by staff with the exception of Condition D.5 changing "relinquish" to "restrict"; have the applicant and staff meet to develop the definition of what should be restricted; and return to Council on June 14, 1993 with that language. The motion was seconded by Mayor Yates and unanimously carried. (5-0) D-6 PUBLIC HEARING FOR DRAFT CITY SOURCE REDUCTION AND RECYCLING ELEMENT (CONTINUED TO JUNE 14, 1993) This public hearing was continued to the June 14, 1993 City Council meeting. MOTION: Councilmember Unger moved to adjourn to Closed Session to discuss a Personnel matter. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) E. CLOSED SESSION • MOTION: Councilmember Unger moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 11:09 p.m. and returned to regular session at 11:48 p.m. F. ADJOURNMENT MOTION: Councilmember Luna moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 11:48 p.m. Recorded by: BRIDGETT DAVIS City Clerk i NCT=CE OF CAN4=E3r.I...AT2CN CF SPEC = AL MEETING NOTICE IS HEREBY GIVEN that the Special Meeting of the Morro Bay City Council scheduled for Thursday, 20 May 1993 at 5:30 p.m. in the Morro Bay City Hall Conference Room has been cancelled. DATED: May 20, 1993 �►�� bu" Bridgett D is, City Clerk City of Morro Bay, California • . NOT = C E OF SPECIAL MEET = NG NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Thursday, May 20, 1993 at 5:30 p.m. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California. Council will immediately adjourn to Closed Session to consider the following: GOVERNMENT CODE §54957, PERSONNEL DATED: MAY 19, 1993 City of Morro Bay, • • NOT=CE OF SPEC=AL MEET'=WC3 NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Tuesday, May 18, 1993 at 5:30 p.m. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California. Council will immediately adjourn to Closed Session to consider the following: GOVERNMENT CODE § 54957, PERSONNEL DATED: May 17, 1993 WILLIAM YATES, Mayo City of Morro Bay, fali • NOTICE OF CHANGE IN BUDGET WORKSHOP SESSIONS NOTICE IS HEREBY GIVEN that the Morro Bay City Council Budget Workshop Sessions for the Fiscal Year 1993-94 preliminary budget originally scheduled for May 17 - 20, 1993 have been cancelled. The new schedule is as follows: Tuesday, June 8th - Aid to Agencies, Administration, Finance, Non -Departmental, and Revenue Summary to be presented to the City Council. Wednesday. June 9th - Police, Fire, and Community Development budgets will be heard. Thursday. June loth - Recreation & Parks, Harbor, and Public Works budgets will be heard. Friday, June filth - Follow-up items will be heard from the previous evenings discussions. • The meetings will be held in the Community Center Multi -Purpose Room, 1001 Kennedy Way, Morro Bay, California, and will begin at 6:00 p.m. DATED: May 17, 1993 WILLIAM YATES, City of Morro • • NOTICE OF BUDGET WORKSHOP SESSIONS NOTICE IS HEREBY GIVEN that the Morro Bay City Council will hold its budget workshops on Fiscal Year 1993-94 preliminary budget in the Community Center Multi -Purpose Room, 1001 Kennedy Way, Morro Bay, California. The meetings will be held at 6:00 p.m. on the following dates: Monday. May 17th - Aid to Agencies, Administration, Finance, Non -Departmental, and Revenue Summary to be presented to the City Council. Tuesday. May 18th - Police, Fire, and Community Development budgets will be heard. Wednesday. May 19th - Recreation & Parks, Harbor, and Public Works budgets will be heard. Thursday. May 20th - Follow-up items will be heard from the • previous evenings discussions. DATED: May 13, 1993 n 1LL1Ca1-a lra 1 ..:IJ, a-ac+j City of Morro Bay, U 0 0 . NOT = C E OF SPEC = AL MEET = NG NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Thursday, May 13, 1993 at 5:30 p.m., and Sunday, May 16, 1993 at 9:00 a.m. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California. Council will immediately adjourn to Closed Session to consider the following: GOVERNMENT CODE § 54957, PERSONNEL DATED: May 12, 1993 WILLIAM YATES, Ma or • City of Morro Bay, C lifornia r 1 LJ lot M5 City Of Morro B ay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION — MAY 10, 1993 CITY HALL CONFERENCE ROOM — 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE 654956 9(A). PENDING LITIGATION: ♦ DAVID A. NORTON V. GARY A. NAPPER, ET AL, CV 90-6301 JGD (BX), FEDERAL DISTRICT COURT E-2 GOVERNMENT CODE & 54956.9. POTENTIAL LITIGATION: ♦ POSSIBLE INITIATION OF LITIGATION AGAINST THE INSURANCE COMPANY OF THE WEST FOR REFUSAL TO COVER THE COST OF THE DESALINATION PLANT LITIGATION AND FOR INSURANCE BAD FAITH ♦ CONTRACTOR'S FAILURE TO PERFORM CONTRACTUAL OBLIGATIONS AT • TIDELANDS PARK REGULAR MEETING — MAY 10, 1993 VETERANS MEMORIAL HALL — 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE LIGHTEN UP MAYOR'S REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD — Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS (CITY COUNCIL) 0 1 CONSENT CALENDAR Unless less an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF APRIL 12, 1993 A-2 CLAIM REJECTION - NANCY DOHERTY A-3 CLAIM REJECTION - PAMELA CRAIG A-4 RESOLUTION APPOINTING BRIDGETT DAVIS AS CITY CLERK A-5 REPORT ON 1992 PLANNING AND BUILDING ACTIVITY A-6 AGREEMENT WITH SAN LUIS OBISPO COUNTY FOR ANIMAL CONTROL SERVICES A-7 NARCOTICS TASK FORCE AGREEMENT A-8 REQUEST FOR SUMMARY VACATION OF ALLEY ADJACENT TO CERRITO PLACE A-9 DECLARATION OF SURPLUS PROPERTY A-10 NOTICE OF FINAL COMPLETION - TIDELANDS PARK (RECREATIONAL PHASE); RP91-01 (PULLED) OF 11 NOTICE OF BUDGET WORKSHOP SESSIONS B. UNFINISHED BUSINESS B-1 SUB -COMMITTEE REPORT ON AD -HOC COMMITTEE REVIEW OF MORRO BAY MUNICIPAL CODE C. NEW BUSINESS C-1 CONSIDERATION OF FORMING A FRANCHISE ADVISORY BOARD C-2 CONSIDERATION OF RESPONSE TO GRAND JURY REPORT REGARDING THE DESALINATION PLANT LITIGATION D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 PUBLIC HEARING ON APPEALS FOR CASE NO. PM 04-92 (VESTING)CUP 03-88/CDP 43-92); TRI W ENTERPRISES, APPLICANT. TRI W ENTERPRISES, PETER DIFFLEY, AND CHRISTINE GRANADOS, APPELLANTS. APPEAL OF PLANNING COMMISSION ACTION ON TRI-W'S REQUEST FOR A VESTING TENTATIVE PARCEL MAP (PORTION OF THE PRECISE PLAN CUP 03-88) AND COASTAL DEVELOPMENT PERMIT TO SUBDIVIDE ONE EXISTING 177.23 ACRE PARCEL INTO THREE PARCELS OF 17.50 ACRES; 3.18 ACRES; 7.12 ACRES WITH A REMAINDER PARCEL OF 147.44 ACRES FOR PROPERTY LOCATED AT THE EASTERN TERMINUS OF MORRO BAY BLVD. AT HIGHWAY ONE. THIS SITE IS ALSO LOCATED WITHIN THE APPEAL JURISDICTION OF THE CALIFORNIA COASTAL COMMISSION WHICH IMPOSES AN • ADDITIONAL 10 WORKING DAY APPEAL PERIOD FOLLOWING THE CITY'S FINAL ACTION. (CEQA DETERMINATION: PREVIOUS CERTIFIED EIR) 2 4W2 ORDINANCE NO.431-ANGLE (DIAGONAL) PARKING (FIRST READING/INTRODUCTION) D-3 PUBLIC HEARING ON 1993 WEED ABATEMENT APPEAL FROM NOTICE D-4 PUBLIC HEARING ON CASE NO. GPA 02-92; HOUSING ELEMENT UPDATE. CITY INITIATED AMENDMENT TO THE GENERAL PLAN HOUSING ELEMENT TO COMPLY WITH STATE LAW. THE DRAFT ELEMENT INCLUDES A SUMMARY OF PAST HOUSING EFFORTS, EXISTING STOCK, POTENTIAL BARRIERS TO PRODUCTION, ENERGY CONSERVATION OPPORTUNITIES, REHABILITATION AND NEW CONSTRUCTION AS WELL AS SPECIFIC GOALS, OBJECTIVES, POLICIES AND IMPLEMENTATION OF THE °FAIR SHARE ALLOCATION: (CEQA DETERMINATION: NEGATIVE DECLARATION) F. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. 0 0 • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - MAY 10, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:16 p.m. PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Forrest Henderson City Administrator David Hunt Int. City Attorney E. CLOSED SESSION MOTION: Councilmember Luna moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. • The meeting adjourned to Closed Session at 5:16 p.m. and returned to regular session at 5:56 p.m. F. MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) The meeting adjourned at 5:56 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember • Ahnawake Unger Councilmember • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1993 PAGE 2 ABSENT: None STAFF: Forrest Henderson City Administrator David Hunt Int. City Attorney Bill Boucher Public Works Assoc. Jon Crawford Public Works Dir. Bridgett Davis City Clerk Don Funk Comm. Dev. Dir. Dave Howell Police Chief Warren Dorn led the Pledge of Allegiance. Mayor Yates introduced John Watson, D.C., who told a story about Council playing golf and questioning who got the "hole -in -one." MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates introduced Tom Grimes of the Santa Lucia Area Council of the Boy Scouts of America. Mr. Grimes presented the Mayor with the Boy Scouts of America Charter for the City's Law Enforcement Explorer Program. • Mayor Yates presented plaques of appreciation to the following: - Morro Bay Whitecaps for providing the City with music; - Warren Dorn of Morro Bay Beautiful for their community services; - Sandal Makara for his volunteer efforts in the bay and around town; - Suedene Nelson of the Chamber of Commerce for her efforts in the business community. Mayor Yates introduced Kent Butler, Commadore of the Morro Bay Yacht Club. Mr. Butler presented Mayor Yates with a contribution for $200 for the efforts made to improving the harbor entrance. Mayor Yates announced a "Concert in the Park" will be held on Sunday, May 16, 1993 at 1:00 p.m. at City Park; music will be provided by the Cuesta College Jazz Ensemble Big Band. He also announced immediately following will be a concert at St. Timothy's Catholic Church. Mayor Yates announced the Closed Session agenda was amended by a 4/5 vote to include a personnel matter in order to discuss the City Attorney contract. Mayor Yates stated he will draft a letter to the Planning • Commission addressing the Council's intentions regarding the sign ordinance. 11 • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1993 PAGE 3 . • wi'v.�il�V Barbara Moore, Piney Way, asked Council to take action on the speeding traffic along Piney Way. Mayor Yates requested Police Chief Dave Howell address this issue. Mary Phillips, 2645 Ironwood, stated the rate of cancer in San Luis Obispo County is higher than any other county in California, possibly because of the desalting of ocean water and radiation from the PG&E Nuclear Power Plant. She said this area does not need any more desalination plants. Ed Smith, Piney Way, addressed the dangerous traffic situation on Piney Way. Mayor Yates responded the local schools are receiving safety training regarding bicycle/traffic laws. Councilmember Mullen recommended this issue go before the Streets & Trees Committee for their review. Suedene Nelson, Director of Chamber of Commerce, said she needs volunteers to help at the City's booth at the Fresno Mall Show on May 15 and 16, 1993. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Mullen requested an item be agendized to discuss the concept of forming a citizen's committee for alternative dispute resolution. Councilmember Crotzer requested an agenda item to discuss moral support for the City/County library. A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF APRIL 12 1993 Mr. Henderson recommended Council approve the minutes of April 12, 1993 as submitted. A-2 CLAIM REJECTION - NANCY DOHERTY Mr. Henderson recommended Council Doherty. reject the claim of Nancy Mr. Henderson recommended Council reject the claim of Pamela Craig. FTTr,=T-,4T*TUVM9� '• . • •. �J;.. Mr. Henderson recommended Council Resolution No. 32-93 appointing Bridgett Davis as City Clerk. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1993 PAGE 4 • A-5 REPORT ON 1992 PLANNING AND BUILDING ACTIVITY Mr. Henderson recommended Council receive this annual report for information and file. AGREEMENT Ya SAN LUIS • : _• COUNTY FOR ANIMAL CONTROL SERVICES Mr. Henderson recommended Council pull this item for separate action. A-7 NARCOTICS TASK FORCE AGREEMENT Mr. Henderson recommended Council approve the participation in the San Luis Obispo County Narcotics Task Force and authorize the Mayor to sign the agreement. A-8 REOUEST FOR_ SUMMARY -VACATION OF ALLEY ADJACENT TO CERRITO Mr. Henderson recommended Council pull this item from the agenda. A-9 DECLARATION OF SURPLUS PROPERTY • Mr. Henderson recommended Council declare the Public Works copier as surplus property. � �L71�F�:��73liF.i`.fs�_��L•)v`!]�l+F�}f�)��•f�#�;_.I�`'�7='fl;�:j:��_ ,_K: 'we u1j." Mr. Henderson recommended Council pull this item from the agenda. Mr. Henderson recommended Council set May 17-20, 1993 at 6:00 p.m. as budget workshop sessions to review and consider the proposed Fiscal Year 1993-94 Budget. Councilmember Unger requested Item A-4 be pulled for separate action; and Councilmember Crotzer pulled Item A-7. MOTION: Councilmember Unger moved for approval of the Consent Calendar with the exception of Items A-4, A-6, and A-7. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-4 RESOLUTION APPOINTING BRIDGETT DAVIS AS CITY CLERK Councilmember Unger stated it needs to be acknowledged that Bridgett Davis is now the City Clerk. Councilmember Unger said • Bridgett is a good support and she is pleased and honored to vote MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1993 PAGE 5 • for her appointment. Mayor Yates stated that Ms. Ardith Davis also needs to be recognized as the past City Clerk, and is now the City's Personnel Officer. MOTION: Councilmember Unger moved to approve Resolution No. 32-93 appointing Bridgett Davis as City Clerk. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-6 AGREEMENT WITH SAN LUIS OBISPO COUNTY FOR ANIMAL CONTROL SERVICES Chief Howell reviewed the Animal Control Contract recommending Council approve Package `D'. Councilmember Luna asked how the County proposes to save the City $4,500 from last year's contract? Chief Howell responded Option `D' is the best value for the cost as it incorporates all of the collateral expenses that were formally billed separately. Councilmember Mullen stated she is aware there may be poor rapport between Animal Control Officers and Police Officers County -wide. She asked Chief Howell if there has been improvements to this relationship? Chief Howell responded he was not aware of this, but he would look into it. • MOTION: Councilmember Luna moved to accept Package `D' of the Animal Control Contract. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Councilmember Crotzer stated a recently enacted national policy allows, under zero tolerance, the confiscation of properties where drug violations have been found. This type of policy often leads to taking property that is illegally obtained through the sales of narcotics, which should be an appropriate decision of a court of law. Councilmember Mullen asked what the City would do if it did not participate in the Narcotics Task Force program? Chief Howell responded the City does not have adequate staff to perform an effective program on its own and recommended Council support the city's participation in the County program. Chief Howell stated the task force also funds the DARE program. Mayor Yates stated he does not agree with the asset seizure laws as they are drafted today by the federal government. He does support the local participation in the task force. E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1993 PAGE 6 • MOTION: Councilmember Luna moved to approve the City's participation in the San Luis Obispo County Narcotics Task Force and authorize the Mayor to sign the agreement. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) aL1. • � Councilmember Mullen reviewed the Morro Bay Municipal Code Ad -Hoc Committee By -Laws and recommended approval of the By -Laws and direct staff to advertise the openings on the seven member committee. Councilmember Crotzer stated there should be a provision added regarding majority vote. Councilmember Luna recommended an addition be made to the last sentence of the section "Organization" to add "and approved by the City Administrator." Councilmember Crotzer recommended with a majority vote a new Chairperson can be appointed. • Councilmember Luna suggested Council prioritize the chapters to be reviewed. Councilmember Crotzer suggested the Committee review the prioritized chapters, then have the appropriate advisory committees to submit suggestions for consideration of the ad -hoc committee. No action was taken on this item. MOTION: Councilmember Unger moved to suspend the rules requiring the public hearing portion of the meeting begin at 7:00 p.m. in order to continue with the remainder of the agenda. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) City Administrator Forrest Henderson reviewed the proposal to combine the Cable TV Franchise Board and Solid Waste Management Board as one advisory board. He said currently the boards are unable to perform their advisory board functions because of lack of staff resources to support the board in the case of the Cable • Advisory Board and due to the lack of members to establish a quorum to hold a meeting in the case of the Solid Waste Management Board. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1993 PAGE 7 • The combined board would resolve the non -meeting issue which critically needs to be addressed and would provide regular input from an advisory board standpoint in these two important functions. Councilmember Mullen expressed her concern that these two boards are not of mutual interest. She said she would like this combined board to meet on a consistent basis. Mr. Henderson assured Councilmember Mullen's concern that this combined board will meet on a consistent basis in the evening. Councilmember Crotzer recommended opening the number of seats on this combined board. Council agreed that a seven member board would work. MOTION: Councilmember Mullen moved to accept the City Administrator's recommendation combining the Cable TV Franchise Board and the Solid Waste Management Board on a temporary basis; such board to consist of seven members and advertise for two positions; and, the combined board be reviewed at the last meeting in November. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) C-2 CONSIDERATION OF RESPONSE TO GRAND JURY REPORT REGARDING THE DESALINATION PLANT LITIGATION • City Attorney David Hunt reviewed the Grand Jury Report regarding the Desalination Plant litigation and recommended a formal response be presented to the Grand Jury. Councilmember Mullen stated the response to the Grand Jury should include the fact that all of the meetings held between Morro Bay City Council and Cayucos Sanitary District were publicly noticed meetings. MOTION: Councilmember Crotzer moved to direct the City Attorney to prepare a formal response to the Grand Jury Report regarding the Desalination Plant Litigation. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1993 PAGE 8 is OF MORRO BAY BLVD, AT HIGHWAY ONE, THIS SITE IS ALSO LOCATED COMMISSION WHICH IMPOSES DETERMINATION: PREVIOUS CERTIFIED EIRI Community Development Director Don Funk reviewed the appeal Case No. PM 04-92 (Vesting) /CUP 03-88/CDP 43-92. Mr. Funk provided council with two •• Option A: Continue this item to the meeting of June 14, 1993 which is after the Coastal Commission considers the proposed zone change and LCP amendment for the property; or Option B: All three appeals be denied and the Planning Commission decision approving only Parcel 1 and one remainder parcel as conditioned be upheld by the City Council with modifications. Councilmember Mullen stated Christine Granados will withdraw her appeal upon certification of Measure H. Councilmember Mullen asked for clarification on the road issue and the Circulation Element. Mr. Funk clarified the Circulation Element indicates a connection between the road systems and in order for a map to be approved, it has to be consistent with the Circulation Element. • City Attorney David Hunt stated he recommends the continuance of approving the Vesting Map until after the Coastal Commission has reviewed the project to avoid any possible legal problems. Mayor Yates opened the hearing for public comment. Peter Diffley stated the map should be denied based on Measure H. The law is based on an initiative which limits the development to 13 gross acres. Councilmember Mullen clarified the Vesting Map consists of 13 gross acres of commercial development under Measure H and the remainder is open space and agriculture. Peter Diffley withdrew his appeal based on Councilmember Mullen's clarification. Marshall Ochylski, representative for Tri-W, referred to the condition regarding the dedication of open space easement and suggested taking the visual easements off the remainder parcel since they are a part of the Conditional Use Permit and Coastal Development Permit instead of requiring them with the map. Mr. Ochylski said the condition on the blocker strip is unreasonable based on the City charging the applicant for accessing their own property. He recommended placing an access -restriction stating "access to Creekside Boulevard shall be restricted to private use only subject to future modification for public use by the City Council." 0 • n LJ MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1993 PAGE 9 Mr. Ochylski addressed the Circulation Element suggesting language be added that nothing in that condition precludes the approved project from going forward. Councilmember Mullen asked if the applicant would have any objection to add the condition requiring the completion of the Water Management Plan before finalization of the map in order to be in full compliance with Policies 3.01 and 3.03 of the Local Coastal Plan? Mr. Ochylski responded the Planning Commission made the finding that the property has adequate water for a development. He said the applicant could create the parcel by doing a lot -line adjustment which would give the City no ability to condition the map. Roger Ewing stated the road continuation on South Bay Boulevard is not needed and recommended no action be taken until Measure H is certified. Mary Phillips asked what will happen to the Morro Bay Boulevard intersection? Mayor Yates clarified the Circulation Element will address the frontage road. Mayor Yates closed the hearing for public comment. Mr. Funk clarified the site has water services, however there are no sewer services on -site. MOTION: Councilmember Mullen moved to direct staff to work with the applicant in the preparation of a proposed condition to include the completion of the Water Management Plan before the finalization of the Vesting Map. The motion was seconded by Councilmember Unger and carried with Councilmember Luna and Mayor Yates voting no. (3-2) MOTION: Councilmember Mullen moved to direct staff to work with the applicant on the conditions relating to the dedication of open space easement, blocker strip, and the language in the Circulation Element relating to the road, and return to Council at the May 24, 1993 City Council meeting. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) MOTION: Councilmember Unger moved to continue the public hearing on Case No. PM 04-92 (Vesting) /CUP 03-88/CDP 43-92 to the May 24, 1993 City Council meeting. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mayor Yates called for a break at 8:50 p.m.; the meeting resumed at 9:00 p.m. r MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1993 PAGE 10 MOTION: Councilmember Unger moved to have Ordinance No. 431 read by title and number only. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) City Administrator Forrest Henderson read Ordinance No.-431 by title and number only. Mayor Yates opened the hearing for public comment. Mark Allen stated the Chamber of Commerce would like to see an increase in parking to help the downtown area. Mayor Yates closed the hearing for public comment. MOTION: Councilmember Luna moved to adopt Ordinance No. 431 for introduction and first reading. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) D-3 PUBLIC HEARING ON 1993 WEED ABATEMENT APPEAL FROM NOTICE Public Works Associate Bill Boucher reviewed the annual appeal process for the 1993 Weed Abatement Program. • Mayor Yates opened the hearing for public comment. Mary Phillips said state law mandates the notification process. Mayor Yates closed the hearing for public comment. MOTION: Mayor Yates moved to deem the 1993 Weed Abatement Appeal From Notice Period as complete, and no other appeals from the determination that a parcel is subject to weed abatement be heard. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Community Development Director Don Funk stated the State of California has mandated that the City complete an update of the City's existing Housing Element. He said there is considerable • urgency regarding the Housing Element since several grants are MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1993 PAGE 11 . dependent upon its approval. Mr. Funk reviewed the revisions to the Housing Element recommending Council review and approve the revisions as recommended by the Planning Commission. Council made the following corrections to Attachment "A": Page 7 - The current retrofit program, which allows new water equivalency units to be allocated to developers when they reduce water use in existing buildings ...... Page 8 - At the time of this draft, under current Coastal Permits, the City may only use the desalination plant to provide an emergency water supply during drought conditions. Page 14 - "number needed" instead of "numbed need" Page 16 - "housing" instead of "hosing" Council made the following corrections to Attachment "D": The City shall encourage the use of additional innovative energy techniques, new building materials, and designs such as active and passive solar systems, orientation, and project layout in an endeavor to reduce energy, ...... • Council made the following corrections to the revised Housing Element: Page 5 - (A-12) Said fee shall be established annually by the City's Master Fee Schedule. Page 44 - The residential development fees in Morro Bay are not unusually high compared to other cities in the region. The two largest components of residential development fees - water and sewer fees - are based on the cost of providing such services. These two fees were recently reduced by almost $4,000 per unit. Mayor Yates opened the hearing for public comment. Scott Smith, People Self Help Housing, stated the implementation of the Housing Element is important because their grant funds for low- income housing rely on its adoption. Mayor Yates closed the hearing for public comment. MOTION: Councilmember Crotzer moved to adopt Resolution No. 31-93 approving the revisions to the Housing Element with the specified amendments. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1993 PAGE 12 MOTION: Councilmember Mullen moved to adjourn to Closed Session. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) The meeting adjourned at 10:20 p.m. E. CLOSED SESSION MOTION: Councilmember Mullen moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 10:20 p.m. and returned to regular session at 10:58 p.m. F. ADJOURNMENT MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 10:58 p.m. Recorded by: BRIDGETT DAVIS City Clerk a I m xl 61 (03 NOT = C E OF SPEC = AL MEET = NG NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Thursday, May 6, 1993 at 7:30 p.m., in the Morro Bay Community Center Conference Room, 1001 Kennedy Way, Morro Bay, California. Council will immediately adjourn to Closed Session to consider the following: GOVERNMENT CODE § 54957, PERSONNEL DATED: May 4, 1993 WILLIAM YATES, Mayor City of Morro Bay, C lifornia 11 U a v a NOTICE OF SPEC = AL MEETING NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Wednesday, April 28, 1993 at 6:00 p.m., Thursday, April 29, 1993 at 6:00 p.m., Saturday, May 1, 1993 at 10:00 a.m., and Monday, May 3, 1993 at 6:00 p.m. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California. Council will immediately adjourn to Closed Session to consider the following: GOVERNMENT CODE § 54957, PERSONNEL DATED: April 27, 1993 • � N1 ULAJ n ia.uiaua araa aa.�, raaa v City of Morro Ba lifornia City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION - APRIL 26, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA CLAIMS OF AQUA DESIGN AGAINST THE CITY OF MORRO BAY FOR PREVAILING WAGE PAYMENTS AND SALES TAX IN CONNECTION WITH THE DESALINATION PLANT. ISSUES RELATED TO THE LEASE OR SALE OR LEASE OPTION OF THE CITY'S DESALINATION PLANT REGULAR MEETING - APRIL 26, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA • ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE LIGHTEN UP MAYOR'S REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS (CITY COUNCIL) A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE SPECIAL MEETINGS OF MARCH 17, 1993 AND APRIL 7, 1993 AND THE REGULAR MEETINGS OF MARCH B, 1993 AND MARCH 22, 1993 2 CONTRACT AWARD FOR WEED ABATEMENT; PW 92-04 1 I3 MONTH TO MONTH AGREEMENT WITH SYLVESTER'S TUG SERVICE FOR BERTHING TWO TUG BOATS AT THE SOUTH T-PIER A-4 NOTICE OF SUBSTANTIAL COMPLETION - DESALINATION FACILITY A-5 NOTICE OF SUBSTANTIAL COMPLETION - TIDELANDS PARK PROJECT; RP 91-01 A-6 PROCLAMATION DECLARING MAY AS "MORRO BAY VOLUNTEER MONTH" A-7 RESOLUTION APPOINTING RUDY HERNANDEZ AS CITY TREASURER A-8 RESOLUTION AUTHORIZING PARTICIPATION IN A REGIONAL HAZARDOUS MATERIALS RESPONSE TEAM A-9 EXPENDITURE REPORT - MARCH 1993 A-10 STATEMENT OF CASH AND INVESTMENTS - MARCH 1993 A-11 WATER SUPPLY STATUS REPORT A-12 PROCLAMATION DECLARING APRIL 28, 1993 AS "WORKERS MEMORIAL DAY" A-13 SET DATE (MAY 24, 1993) FOR PUBLIC HEARING ON CONSIDERATION OF CALIFORNIA ESTUARY PROGRAM AS PROPOSED BY ASSEMBLYWOMAN SEASTRAND A-14 REPLACEMENT OF WASTEWATER TREATMENT PLANT OPERATOR �. UNFINISHED BUSINESS B-1 REVIEW OF CENTRAL COAST LITTLE LEAGUE TO JOINTLY CONSTRUCT NIGHT LIGHTING ON KEISER PARK WEST B-2 REVIEW OF RECOMMENDATION TO NOT RENT OUT STORAGE AREA IN MORRO BAY COMMUNITY CENTER FROM 1992 EMPLOYEE BUDGET TASK FORCE REPORT B-3 REVIEW OF PROBABLE COSTS FOR DOWNTOWN DIAGONAL ON -STREET PARKING PROPOSAL B-4 TAX-EXEMPT FINANCING OF DESALINATION FACILITY C. NEW BUSINESS C-1 DISCUSSION ON EUCALYPTUS TREES LOCATED ON SAN JACINTO STREET C-2 REQUEST FOR CITY TO TEMPORARILY ACCEPT DEDICATION OF BEACH (LOT 13) FROM DENIS, APPLICANT, FOR REDEDICATION TO STATE DEPARTMENT OF PARKS AND RECREATION (NORTH POINT SUBDIVISION, TRACT 2210) C-3 REVIEW OF STUDY DUPLICATION (PULLED) C-4 CONSIDERATION OF CITY SPONSORING COASTAL GOVERNING BODIES PUBLIC MEETING TO DISCUSS SUSTAINABILITY IN GOVERNMENT DECISIONS 0-5 CONSIDERATION OF ELIMINATING GARAGE SALE PERMIT 2 W6 CONSIDERATION OF ELIMINATING SIDEWALK SALE PERMIT C-7 MAYOR REQUEST FOR DISCUSSION ON METHOD OF WATER ALLOCATIONS WHEN RETROFITS EXPIRE • ._:_. z_••:_ SM RPM D-1 PUBLIC HEARING ON CASE NO. GPA 02-92; HOUSING ELEMENT UPDATE. CITY INITIATED AMENDMENT TO THE GENERAL PLAN HOUSING ELEMENT TO COMPLY WITH STATE LAW. THE DRAFT ELEMENT INCLUDES A SUMMARY OF PAST HOUSING EFFORTS, EXISTING STOCK, POTENTIAL BARRIERS TO PRODUCTION, ENERGY CONSERVATION OPPORTUNITIES, REHABILITATION AND NEW CONSTRUCTION AS WELL AS SPECIFIC GOALS, OBJECTIVES, POLICIES AND IMPLEMENTATION OF THE "FAIR SHARE ALLOCATION.: (CEQA DETERMINATION: NEGATIVE DECLARATION) - CONTINUED TO MAY 10, 1993 D-2 ORDINANCE NO. 426 - PROTECTION OF TREES (SECOND READING/ADOPTION) - CONTINUED AND REFERRED TO THE STREET AND TREE COMMITTEE COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION • RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. • 3 • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - APRIL 26, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:20 p.m. PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Forrest Henderson City Administrator David Hunt Int. City Attorney E. CLOSED SESSION MOTION: Councilmember Luna moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. • The meeting adjourned to Closed Session at 5:20 p.m. and returned to regular session at 5:55 p.m. F. MOTION: Mayor Yates moved the meeting be adjourned. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) The meeting adjourned at 5:56 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember • Susan Mullen Councilmember Ahnawake Unger Councilmember • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 1993 PAGE 2 ABSENT: None STAFF: Forrest Henderson David Hunt Rick Algert Jon Crawford Bridgett Davis Don Funk Rudy Hernandez Jeff Jones Steve Wolter Colby Crotzer led the Pledge of Allegiance. City Administrator Int. City Attorney Harbor Director Public Works Dir. Deputy City Clerk Comm. Dev. Dir. Finance Director Fire Chief Rec. & Parks Dir. Mayor Yates introduced Sandy Winston who told a joke about a string in a bar. v>vnnic nonnoMC L XwMWr•curumc Mayor Yates thanked Linda Merrill, member of Advocates for a Better Community, who provided coffee and cookies at the Council meetings. Mayor Yates acknowledged Ed McCracken for his volunteer work with the Senior Citizens, Inc. Mayor Yates reported on his trip to New Mexico he found that the City of Santa Fe has an eight member City Council of which has a great deal of controversy. Mayor Yates stated he is honored to sit with the City Council of Morro Bay. Ed McCracken, member of Morro Bay Beautiful, suggested a student - painted mural on the west wall of City Hall which may deter the students from painting on the rocks on the hill above Main Street. Rick Roche, Central Coast Little League, stated he was available to answer questions regarding Item B-1 regarding installing field lighting at Lila Keiser Park. None. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 1993 PAGE 3 • A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY CO 7993 AND APRIL 7 1993 AND THE REGULAR MEETINGS OF MARCH 8. 1993 AND MARCH 22, 1993 Mr. Henderson recommended Council approve the minutes for the Special Meetings of March 17 and April 7, 1993 and the Regular Meetings of March 8 and 22, 1993. Mr. Henderson recommended Council adopt Resolution No. 19-93 awarding the weed abatement contract for 1993 to Morro Creek Farms Nursery. A-3 MONTH TO MONTH AGREEMENT WITH SYLVESTER'S TUG SERVICE FOR BERTHING TWO TUG BOATS AT THE SOUTH T-PIER Mr. Henderson recommended Council approve and authorize the Mayor to execute the month to month license agreement with Sylvester's Tug Service. • A-4 NOTICE OF SUBSTANTIAL COMPLETION - DESALINATION FACILITY Mr. Henderson recommended Council adopt Resolution No. 28-93 which determines the Desalination Facility as substantially complete; and authorize recordation of a Notice of Substantial Completion. A-5 NOTICE OF SUBSTANTIAL COMPLETION - TIDELANDS PARK PROJECT: RP 91-01 Mr. Henderson recommended Council authorize the execution of the Notice of Substantial Completion. A-6 PROCLAMATION DECLARING MAY AS "MORRO BAY VOLUNTEER MONTH" Mr. Henderson recommended Council adopt the Proclamation declaring May as "Morro Bay Volunteer Month". A-7 RESOLUTION APPOINTING RUDY HERNANDEZ AS CITY TREASURER Mr. Henderson recommended Council adopt Resolution No. 27-93 appointing Rudy Hernandez as City Treasurer. 0 • • 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 1993 PAGE 4 Y 1141W�WISWUAZJWOW z�! Mr. Henderson recommended Council adopt Resolution No. 25-93 authorizing participation in a Regional Hazardous Materials Response Team. A-9 EXPENDITURE REPORT - MARCH 1993 Mr. Henderson recommended Council approve the Statement of Expenditures as submitted. A-10 STATEMENT OF CASH AND INVESTMENTS - MARCH 1993 Mr. Henderson recommended Council approve the Statement of Cash and Investments as submitted. A-11 WATER SUPPLY STATUS REPORT Mr. Henderson recommended Council receive the report for information and file. A-12 PROCLAMATION DECLARING APRIL 28 1993 AS "WORKERS MEMORIAL DAY" Mr. Henderson recommended Council adopt the Proclamation declaring April 28, 1993 as "Workers Memorial Day". • • :_Y ti . *,Tole) :s_Y Divr-ln 4u9jvs Mr. Henderson recommended Council set May 24, 1993 for public hearing on the consideration of the California Estuary Program as proposed by Assemblywoman Seastrand. Mr. Henderson recommended Council authorize staff to fill the vacancy of Wastewater Treatment Plant Operator. Councilmember Mullen requested Items A-1 and A-3 be pulled for separate action; Councilmember Luna pulled Item A-14; and Mayor Yates pulled Item A-6. MOTION: Councilmember Unger moved to approve the Consent Calendar with the exception of Items A-1, A-3, A-6, and A-14. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) MINUTES - MORRO(RIYACIL PAGE 5 A-1 CITY COUNCIL MINUTES FOR THE SPECIAL MEETINGS OF MARCH 17, 1993 993 AMD THE REGULAR OF MARCH 8. ._1 MARCH _ MEETINGS 1993 i1993 Councilmember Mullen requested the minutes of the joint meeting between City Council and the Water Advisory Board which was held on March 17, 1993 be pulled for corrections. She said she would advise the Public Works Department of those corrections. MOTION: Councilmember Mullen moved to approve the minutes of the Special Meeting of April 7, 1993 and the Regular Meetings of March 8 and 22, 1993. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-3 MONTH TO MONTH AGREEMENT WITH SYLVESTER'S TUG SERVICE FOR BERTHING TWO TUG BOATS AT THE SOUTH T-PIER Councilmember Mullen asked Harbor Director Rick Algert what was the deciding factor to use the South T-Pier for the use of the tugs? Harbor Director Rick Algert responded all parties agreed the South T-Pier is more suitable based on its recent construction and the type of materials used in its construction can handle larger boats; the North T-Pier will be used to berth other vessels. Councilmember Mullen asked if large vessels such • as the Californian will be able to berth at the South T-Pier? Mr. Algert said there will be ample space for this use. MOTION: Councilmember Mullen moved to approve Item A-3. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-6 PROCLAMATION DECLARING MAY AS "MORRO BAY VOLUNTEER MONTH" Mayor Yates expressed his appreciation for all the volunteers of Morro Bay. MOTION: Mayor Yates moved to approve Item A-6. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Councilmember Luna asked if this position could be filled in- house? City Administrator Forrest Henderson responded an employee with a lower certification could transfer, however, there are no employees that are available with this certification at this time. MOTION: Councilmember Luna moved to approve Item A-14. The • motion was seconded by Councilmember Unger and unanimously carried. (5-0) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 1993 PAGE 6 ) _ • F'3 Z _ Recreation and Parks Director Steve Wolter reviewed the proposal for field lighting at Lila Keiser Park in conjunction with Central Coast Little League. Mr. Wolter stated the Recreation and Parks Commission reviewed this proposal and recommended the City Council appropriate $44,000 to this project. Councilmember Crotzer asked if there are any obstacles with PG&E? Mr. Wolter responded PG&E has never objected to any improvements made to the park, and he anticipates no objections in this proposed project. Councilmember Luna asked if volunteer labor was included in the cost estimate? Mr. Wolter responded volunteer labor was considered in the contract. Councilmember Unger asked if the lights will be maintained by the City? Mr. Wolter responded the City charges the users of the park lights a fee to cover the electricity. He said in 1989 Council approved a light -use surcharge of which funds are • deposited in a City trust fund to cover the maintenance of the lights. Councilmember Luna asked what the cost of the lease is with PG&E? Mr. Wolter responded $1.00 per year with a ten year lease. Mayor Yates asked if a plan would come back to Council? Mr. Wolter responded a final agreement will be reviewed by Council. MOTION: Councilmember Crotzer moved to direct staff to draft an agreement with Central Coast Little League; the agreement to include volunteer labor information and the appropriation of $44,000 as recommended by the Recreation and Parks Commission. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) . (0) 9 *'IsMuMMON.4d1.. - ---.Y _"M 4,14). - _ mow. -•--- - 3151 .. Recreation and Parks Director Steve Wolter reviewed the staff report and recommended Council determine the rental of the storage area on the second floor of the Community Center for other office uses not be cost-effective at this time based on the • local rental market, the significant loss of storage space, and • E • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 1993 PAGE 7 the up -front costs to renovate the storage area for office operations. Councilmember Luna asked if this concept was reviewed by the Recreation and Parks Commission? Mr. Wolter responded the Commission proposed the same recommendation as staff. MOTION: Councilmember Unger moved to approve staff recommendations finding the rental of the storage area on the second floor of the Community Center for other office uses not to be cost-effective at this time. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Public Works Director Jon Crawford reviewed the probable costs for the downtown diagonal on -street parking proposal. Councilmember Unger asked if there will be an opportunity for public input on this matter? Mr. Crawford responded he will be scheduling re -striping after the first hearing of the ordinance. He said if there are concerns regarding this proposed project, he can stop construction. Mayor Yates stated he does not support paying in -lieu parking funds to a City department. Councilmember Mullen stated she supports appropriating the proposed funds, less the $500-$800 fee for inspection/ administrative fees. MOTION: Councilmember Luna moved to appropriate $9,500 from the parking in -lieu fees for striping, two handicap ramps and signs. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Mayor Yates called for a break at 6:45 p.m.; the meeting resumed at 6:55 p.m. City Administrator Forrest Henderson reviewed the funding alternatives for tax exempt financing for the Desalination Facility. Councilmember Mullen asked if the $190,000 debt reserve that was budgeted in FY 92/93 could be used to lower the amount of the debt? Public Works Director Jon Crawford stated he would like to use those funds for improvements to the Desalination Facility. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 1993 PAGE 8 • Mayor Yates asked for clarification on legal costs. City Attorney David Hunt stated there are no further legal costs to be incurred to his knowledge. MOTION: Councilmember Mullen moved to adopt Resolution No. 30- 93 establishing the amount of debt issue needed to reimburse the City for funds advanced to construct the Desalination Plant with an amended Exhibit "A" to include the $99,000 for legal fees, subtraction of $159,500 for pipeline replacement, leaving a total of $3,917,368 to be financed over ten years. The motion was seconded by Councilmember Luna. Mayor Yates asked to amend the motion with the following corrections to Resolution No. 30-93: "Now, Therefore, Be It Resolved by the City Council of the City of Morro Bay that staff is hereby directed to cause a debt issue in the amount of $3,917,368 pursuant to the conditions in Exhibit "A" by May 10, 1993 to reimburse the City's General Fund." Councilmember Mullen amended her motion with the corrections to Resolution No. 30-93; and Councilmember Luna accepted the amendment. Vote: (5-0) • C. NEW BUSINESS Mayor Yates introduced this item based on a letter and petition received from residents expressing their concerns about the eucalyptus trees neighboring their properties. Councilmember Unger asked what happened to the $15,000 which was proposed in the FY 88-89 budget for the purpose of tree trimming in the City? Councilmember Mullen responded tree trimming has been over -expended in the past two years. Jack Abderhalden, 240 Terra Street, stated the trees on San Jacinto Street are dangerous and asked that the City resolve the problem. Councilmember Luna stated another concern are the widow -makers (dead branches) in these trees. He asked if the City could rent equipment to trim the trees? Mr. Crawford responded he would not want to place his crew in that situation. He said the City would need to contract a licensed tree trimmer to trim that type of tree. Trudy Spatari, 260 Terra Street, stated she has spent $700 since • 1985 for sewer lateral repairs due to the tree roots. She presented Council with photographs of damage caused by the trees. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 1993 PAGE 9 Lavonne Rodgers, 160 Terra Street, stated two years ago she had made a complaint on one of the trees which neighbors her property. She said Jerry Ramos of the Public Works Department came out and declared it was a hazard, however to this date it is still standing. Councilmember Luna suggested the City consider the California Conservation Corp. as part of this tree -trimming project. The consensus of the Council was to refer this issue to the Street & Tree Committee, and to have a report back to Council within one month. C-2 gEOUEST FOR CITY TO TEMPORARILY ACCEPT_ DEDICATION OF BEACH (IOT 13) FROM DENIS APPLICANT FOR REDEDICATION TO STATE DEPARTMENT OF PARKS AND RECREATION (NORTH POINT SUBDIVISION TRACT 2210) Recreation & Parks Director Steve Wolter reviewed the request from the owner of the North Point Subdivision that the City consider accepting the dedication of the beach and water property (Lot 13) in the North Point Subdivision temporarily until the State of California Parks and Recreation Department can accept the property. He stated the condition of approval for the . tentative map of this subdivision require the owner to dedicate the property to the State Parks and Recreation Department; however, the State Parks and Recreation Department has indicated they will be unable to do so in a timely manner which will delay recording of the final map and the possible selling of lots in this subdivision. Councilmember Luna asked what position will the City be in if the State is unable to accept the property? Mr. Wolter responded if the City does not improve the property there will be no liability. Councilmember Crotzer asked who would be responsible for maintenance of this property? Mr. Wolter responded the City will not be responsible for any maintenance or improvements. MOTION: Councilmember Luna moved that the City accept the dedication of Lot 13 of Tract 2110, North Point Subdivision, at no cost on a temporary basis until such a time that the said property can be re -dedicated to the State Department of Parks and Recreation, not to exceed two years within the time of acceptance. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) . Mayor Yates called for a break at 8:45 p.m.; the meeting resumed at 8:55 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 1993 PAGE 10 C-3 REVIEW OF STUDY DUPLICATION This item was pulled. This item was presented by Council's support in hosting governing bodies from Los sustainability. She said sh than $200 and suggested it budget. Councilmember Mullen who requested an evening public meeting for all Osos to San Simeon to discuss e estimates the event to cost less come out of the Council's travel MOTION: Councilmember Crotzer moved to allocate $200 from the City Council Travel Fund to hold a workshop on a date to be specified at a later time; and that this workshop be held in a City facility at no charge. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Councilmember Mullen presented this item for Council's review. She suggested two ways of approaching this matter: 1) forward this to the Municipal Code Ad Hoc Committee for review; or 2) act on it this evening. Council chose to consider it this evening since the changes are minor. Council discussed eliminating Item "A" and altering Item "D" under that section of the code (zoning). Community Development Director Don Funk explained this portion of the Morro Bay Municipal Code requires amendments be approved by the State Coastal Commission since the code implements our Local Coastal Plan. Since Council could not take direct action, the decision was made to send Council comments to the Planning Commission. MOTION: Councilmember Mullen moved to send Council's comments to the Planning Commission on Section 17.48.260 of the Morro Bay Municipal Code eliminating item "A" and amending Item "D" stating "all merchandise to be sold will be displayed on private property". The motion was seconded by Councilmember Unger and unanimously carried. (5-0) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 1993 PAGE 11 • C-6 CONSIDERATION OF ELIMINATING SIDEWALK SALE PERMIT Councilmember Mullen presented this item for Council's review. She suggested two ways of approaching this matter: 1) forward this to the Municipal Code Ad Hoc Committee for review; or 2) act on it this evening. Council chose to consider it this evening since the changes are minor. Community Development Director Don Funk stated this section of the Morro Bay Municipal Code permitted sidewalk sales in a limited downtown area. He said if this section were removed, there are still more restrictive ordinances in Chapter 17 of the Morro Bay Municipal Code (zoning) that would apply. He further stated there are outside building requirements for each section of the zoning code. Councilmember Mullen stated it appears the Council cannot do anything with this proposal either; however, it is clear from the discussion that Council desires streamlining the permit process and elimination of unnecessary regulations. Mayor Yates asked Mr. Funk to relay Council"s comments to the Planning Commission. No action was taken on this item. C-7 MAYOR REQUEST FOR DISCUSSION ON METHOD OF WATER ALLOCATIONS WHEN RETROFITS EXPIRE Mayor Yates presented this item to Council stating he would like this item to go before the Water Advisory Board for discussion. Councilmember Mullen stated this issue is being reviewed in the Water Management Plan; and this plan should be reviewed prior to going before the Water Advisory Board. No action was taken on this item. • C� 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 1993 PAGE 12 Mayor Yates opened this hearing for public comment; as there was no public comment, Mayor Yates closed the public hearing. MOTION: Councilmember Luna moved to continue the public hearing on Case No. GPA 02-92 (Housing Element Update) to the May 10, 1993 City Council meeting. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) MOTION: Councilmember Luna moved to refer discussion of Ordinance No. 426 to the Street and Tree Committee. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) F. ADJOURNMENT MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) The meeting adjourned at 9:42 p.m. Recorded by: BRIDGETT DAVIS City Clerk • • • (�,.,;,,q �a � i 993 City Of Morro Bay City Council Agenda Mission Statement The City of Mona Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION — APRIL 12, 1993 CITY HALL CONFERENCE ROOM — 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE § 54956.9(A), PENDING LITIGATION ♦ WILLIAMS BROTHERS V. CITY OF MORRO BAY, CASE NO. 69397, SAN LUIS OBISPO SUPERIOR COURT ♦ VOTERS INITIATIVE COMMITTEE SAN LUIS OBISPO SUPERIOR V. CITY OF MORRO BAY, COURT; CASE NO. B067517, CASE NO. 71138, SECOND DISTRICT COURT OF APPEALS, SIXTH DIVISION ♦ WILLIAMS BROTHERS MARKETS, INC V. CALIFORNIA COASTAL COMMISSION, CASE NO. 936619, SUPERIOR COURT IN THE CITY AND COUNTY OF SAN FRANCISCO • TOHNSON V. CITY OF MORRO SUPERIOR COURT BAY, CASE NO. 68991, SAN LUIS OBISPO • ♦ GILLMAN V. CITY OF MORRO SUPERIOR COURT BAY, CASE NO. 69131, SAN LUIS OBISPO ♦ FRETTAS V. CITY OF MORRO SUPERIOR COURT BAY, CASE NO. 71825, SAN LUIS OBISPO ♦ IN RE: THE MATTER OF PACIFIC UNITED STATES BANKRUPTCY DEVELOPMENT, CASE NO.90-15930—A-11F, COURT, EASTERN DISTRICT ♦ SULLIVAN V. CITY OF MORRO SUPERIOR COURT BAY, CASE NO. CV 73264, SAN LUIS OBISPO E-2 GOVERNMENT CODE § 54956.9(B)(1), POTENTIAL LITIGATION E-3 GOVERNMENT CODE § 54956.8, REAL PROPERTY NEGOTIATIONS REGULAR MEETING — APRIL 12, 1993 VETERANS MEMORIAL HALL — 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE LIGHTEN UP •MAYOR'S REPORTS & ANNOUNCEMENTS UBLIC COMMENT E IOD - Members of the audience wishing to address the uncil on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS (CITY COUNCIL) A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF MARCH 8, 1993 A-2 CLAIM REJECTIONS FOR STAFFORD, SIMAS, JENSEN, HADJIYANE A-3 LETTER OF SUPPORT TO CITY OF ALHAMBRA FOR CITIES HOME RULE PRINCIPLE A-4 PROCLAMATION DECLARING APRIL 12-16, 1993 AS MORRO BAY BUILDING SAFETY WEEK A-5 DECLARATION OF SURPLUS PROPERTY A-6 RESOLUTION APPLYING FOR RURAL COMMUNITY FIRE PROTECTION GRANT FUNDS OF 7 PROCLAMATION DECLARING APRIL 30, 1993 AS SPECIAL OLYMPICS DAY A-8 AWARD OF CONTRACT FOR NORTH T-PIER SPRINKLER SYSTEM;PROJECT NO.PW92-03 A-9 AMENDMENT OF CONSTRUCTION SCHEDULE FOR UNDERGROUND DISTRICT #5 A-10 STATUS REPORT ON CITY HALL REMODEL A-11 NOTICE OF SUBSTANTIAL COMPLETION FOR TIDELANDS PARK; PROJECT RP91-01 A-12 REQUEST TO FILL VACANT POLICE DISPATCHER/CLERK POSITION B. UNFINISHED BUSINESS B-1 REVIEW OF CENTRAL COAST LITTLE LEAGUE TO JOINTLY CONSTRUCT NIGHT LIGHTING ON KEISER PARK WEST B-2 ORDINANCE NO. 429 AMENDING TITLE 17 TO ADJUST THE C-1 (PD/S.4) ZONING TO 13.0 ACRES AND TO ZONE THE REMAINING APPROXIMATELY 25 ACRES TO OA-1 PURSUANT TO MEASURE H (SECOND READING/ADOPTION) CEQA DETERMINATION: THE CALIFORNIA COASTAL COMMISSION IS THE LEAD AGENCY FOR LOCAL COASTAL PLAN AMENDMENTS FOR PURPOSES OF CEQA 5-3 SUB -COMMITTEE REPORT ON AD -HOC COMMITTEE REVIEW OF MORRO BAY MUNICIPAL CODE 0-4 DISCUSSION OF PROPOSED WATER TREATMENT FACILITY FOR WELLS NO. 8 AND 12 2 NEW BUSINESS 40-1 PROPOSED PARKING FOR DOWNTOWN DIAGONAL ON -STREET PARKING ON VARIOUS STREETS AND FRONT STREET PARKING LOT C-2 CONSIDERATION OF ELIMINATING GARAGE SALE PERMIT C-3 CONSIDERATION OF ELIMINATING SIDEWALK SALE PERMIT C-4 CONSIDERATION OF CALIFORNIA ESTUARY PROGRAM AS PROPOSED BY ASSEMBLYWOMAN SEASTRAND C-5 MAYOR REQUEST FOR DISCUSSION ON METHOD OF WATER ALLOCATIONS WHEN RETROFITS EXPIRE D. PUBLIC HEARINGS REPORTS & APPEARANCES D-1 PUBLIC HEARING ON CASE NO. SIGN 01-93; APPEAL OF A PLANNING COMMISSION DENIAL OF A ROOF -MOUNTED SIGN AND ADDITIONAL SIGN AREA FOR A BUILDING LOCATED AT 248 MORRO BAY BLVD. (JIM AND NANCY DOHERTY; APPLICANTS/APPELLANTS) CEQA: EXEMPT D-2 ORDINANCE AMENDING MORRO BAY MUNICIPAL CODE SECTION 13.20.080(C) (3A,3B,3C) TO MAKE IT CONSISTENT WITH ORDINANCE NO. 390 - MEASURE I; AND AMENDMENT TO MORRO BAY MUNICIPAL CODE SECTION 13.20 TO ALLOW ON - SITE BANKING OF EARNED WATER EQUIVALENCY UNITS FOR COMMERCIAL AND • INDUSTRIAL PROPERTIES D-3 PUBLIC HEARING ON CASE NO. CUP 31-92/CDP 57-92 TO ALLOW CITY COUNCIL APPROVAL OF CONSTRUCTION AND OPERATION OF DESALINATION FACILITIES AND PUBLIC HEARING TO REVIEW AND CERTIFY ENVIRONMENTAL IMPACT REPORT (CITY OF MORRO BAY; APPLICANT) F. THIS MEETING WILL BE ADJOURNED TO 19 APRIL 1993 AT 6:00 P.M. IN THE MORRO BAY CITY HALL CONFERENCE ROOM, 595 HARBOR STREET, MORRO BAY, CALIFORNIA. COUNCIL WILL IMMEDIATELY ADJOURN TO CLOSED SESSION TO CONSIDER GOVERNMENT CODE §54957, PERSONNEL. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. 973 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - APRIL 12, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:20 p.m. PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember ABSENT: Ahnawake Unger Councilmember STAFF: Forrest Henderson City Administrator David Hunt Int. City Attorney E. CLOSED SESSION MOTION: Councilmember Crotzer moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. • The meeting adjourned to Closed Session at 5:20 p.m. and returned to regular session at 5:54 p.m. F. MOTION: Councilmember Luna moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) The meeting adjourned at 5:54 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: William Yates Mayor Colby Crotzer Councilmember • .Ben Luna Councilmember Susan Mullen Councilmember Ll • 0 MINUTES - MORRO REGULAR MEETING PAGE 2 ABSENT: BAY CITY COUNCIL - APRIL 12, 1993 Ahnawake Unger STAFF: Forrest Henderson David Hunt Jon Crawford Bridgett Davis Don Funk Rudy Hernandez Dave Howell Jeff Jones Steve Wolter Suedene Nelson led the Pledge of Allegiance. LIGHTEN UP Councilmember City Administrator Int. City Attorney Public Works Dir. Deputy City Clerk Comm. Dev. Dir. Finance Director Police Chief Fire Chief Rec. & Parks Dir. Mayor Yates introduced Gary Ryan who told the story of a frog who with one kiss would become a world famous banjo player. Mayor Yates presented Awards of Appreciation to various City committee members. Mayor Yates announced the Brown Act does allow discussion on a subject as long as it is discussed at the appropriate time and there is no action taken. Mayor Yates stated the Waterfront Specific Plan is in draft form and is in the early stages of the public review process. Mayor Yates announced the trip to Washington,D.C. was successful. He stated Congressman Huffington is doing a great job for Morro Bay. Mayor Yates announced plans are underway for a plaza on the corner of Morro Bay Blvd. and Main Street next to the Queen's Closet and the antique store. He said the owners are receptive to the City leasing the property for $1 per year. Mayor Yates stated it is strictly a beautification idea for the corner. Mayor Yates stated Tidelands Park is almost complete and is fabulous. Mayor Yates announced Special Olympics will be held at Morro Bay High School on April 30, 1993. Mayor Yates announced an agreement between the City, Tri-W, and VIC has been made regarding attorneys fees. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1993 PAGE 3 Mayor Yates asked City Attorney David Hunt to explain the Sullivan v. City of Morro Bay lawsuit regarding the violation of Measure I. Mr. Hunt reviewed the lawsuit. Mayor Yates shared the Suggestion Box comments. Mayor Yates discussed the funding issue of the Desalination Facility. He stated a resolution has been drafted in order to sell the tax-free bonds. Mayor Yates said the former City Administrator had full authority to transfer funds without notifying Council; this policy needs to be changed. Howard Smith asked if it would he possible to have the contingency funds converted from a short-term loan to a longer - term loan? Mr. Smith said the interest paid would stay in Morro Bay rather than go to outside bond holders, save underwriting costs, and have the option of a lower rate of interest. Councilmember Mullen responded the monies encumbered by the City for capital projects has been spent on the desalination plant. She said this has left the City in a poor cash position in that there is no reserve to proceed with other capital projects. • Mary Phillips referred to the U.S. Constitution which states a 2/3 vote of the people is required for monies spent over a specified limitation. She expressed her concern of the health aspects caused by the desalination plant. Mayor Yates asked City Attorney of the City's authority to issue Council has stated the City is bonds. David Hunt to address the issue bonds. Mr. Hunt responded Bond fully authorized to issue the Ken Cess, Executive Director of Sea Shell Community Center, asked Council to address water rates and how much authority does staff have to allocate cash? Mayor Yates clarified water rates will not go up based on the desalination financing issue. Mayor Yates stated in the past the City Administrator has had the authority to move money around as long as it did not violate the bottom line. Roger Ewing asked if PG&E desalination plant? City responded the purchase of the PG&E was considering; however, longer interested. The City other options. • is interested in purchasing the Administrator Forrest Henderson desalination plant was an option PG&E has since stated they are no is still negotiating with PG&E on E • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1993 PAGE 4 Vernon Ford asked if there would be an opportunity for local citizens to invest in the municipal bonds? Mr. Henderson replied he assumes anyone would have that opportunity. Cathy Novak presented Council with a donation of $100 from an affiliated user group to go towards the financing of the Washington, D.C. trip. Cathy Novak encouraged the Council to open the estuary issue to public hearing in the future. Jim Miller, Central Coast Little League, invited Council to the Little League opening ceremonies on Saturday, April 17, 1993 at Lila Keiser Park. Al Paul referred to Item B-1 of the agenda regarding the proposed lighting at Lila Keiser Park stating the City should be sure the lighting complies with Ordinance 17.52.080 which addresses glare. Roger Ewing requested the City consider repainting the stop signs in town. Mr. Ewing was asked to request this in writing. Mary Phillips referred to the U.S. Constitution regarding low- income housing. DECLARATION OF FUTURE AGENDA ITEMS MOTION: Mayor Yates moved to approve a 4/5 vote to add Item B-5 to Unfinished Business to discuss the emergency resolution directing staff to issue the tax-free bonds. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) Councilmember Mullen requested the discussion on the eucalyptus trees on San Jacinto Street go before the Street and Trees Committee then return to Council. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF MARCH 8. 1993 Mr. Henderson recommended Council approve the minutes of March 8, 1993 as submitted. Mr. Henderson recommended Council reject the claims of Stafford, Simas, Jensen, and Hadjiyane. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1993 PAGE 5 • A-3 LETTER OF SUPPORT TO CITY OF ALHAMBRA FOR CITIES HOME RULE Mr. Henderson recommended Council approve the letter of support to the City of Alhambra for Cities Home Rule Principle. PROCLAMATION 1 •_;_;• BAY BUILDING SAFETY WEEK Mr. Henderson recommended Council adopt the Proclamation declaring April 12-16, 1993 as Building Safety Week. A-5 DECLARATION OF SURPLUS PROPERTY Mr. Henderson recommended Council accept the report and declare the Fire Department's copier as surplus property. A-6 RESOLUTION APPLYING FOR RURAL COMMUNITY FIRE PROTECTION GRANT FUNDS Mr. Henderson recommended Council approve Resolution No. 24-93 applying for Rural Community Fire Protection Grant Funds. A-7 PROCLAMATION DECLARING APRIL 30, 1993 AS SPECIAL OLYMPICS Du • Mr. Henderson recommended Council adopt the Proclamation declaring April 30, 1993 as Special Olympics Day. A-8 AWARD OF CONTRACT FOR NORTH T-PIER SPRINKLER SYSTEM; PROJECT NO, PW92-03 Mr. Henderson recommended Council reallocate funds as delineated and award the project contract to R. Baker, Inc. A-9 AMENDMENT OF CONSTRUCTION SCHEDULE FOR UNDERGROUND DISTRICT Mr. Henderson recommended Council approve Resolution No. 18-93 amending the construction schedule for Underground Utility District No. 5. Mr. Henderson recommended Council receive the status report for information and file. A-11 NOTICE OF SUBSTANTIAL COMPLETION FOR TIDELANDS PARK: PROJECT RP91-01 • Mr. Henderson recommended Council execute the Notice of Substantial Completion for Tidelands Park. 1] MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1993 PAGE 6 Mr. Henderson recommended Council approve the request to fill the vacant Police Dispatcher/Clerk position. Councilmember Mullen requested Items A-1, A-8, and A-12 be pulled for separate action; and Councilmember Luna pulled Item A-9. MOTION: Councilmember Luna moved for approval of the Consent Calendar with the exception of Items A-1, A-8, A-9, and A-12. The motion was seconded by Councilmember Mullen and unanimously carried. (4-0) • _.�i➢__ •' 4._.:��i1�►:li3J�71�L4�t�•]_aiyt;�:i•J;�? Councilmember Mullen asked that her statement regarding Item D-1 on page 10 be clarified. A-8 AWARD -OF ONNTRACT FOR NORTH T-PIE_R SPRINKLER SYSTEM:PROJECT Councilmember Mullen asked if Council was required to take action to remove the S&M Sprinklers? Public Works Director Jon Crawford • responded the acceptance of the report and the award of the project to R. Baker, Inc. takes care of that. Councilmember Mullen stated the cost of the sprinklers at the South T-Pier was much lower than the North T-Pier, she asked what was the difference? Mr. Crawford responded there has been a change in the NFPA rules based on the dual -head system on the sprinklers. MOTION: Councilmember Mullen moved to accept Item A-8 as submitted. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) Councilmember Luna asked what traffic circulation problems this might cause? Public Works Director Jon Crawford responded during construction there will be lane closures. He said most of the trenching work will be behind the sidewalks. Mr. Crawford said this project will take place in September and they hope to avoid the holidays. Councilmember Luna expressed his concern with circulation problems during the Harbor Festival weekend. Councilmember Crotzer stated public utilities are required to set aside approximately $90,000 per year toward undergrounding of utility lines. He asked if a delay would impact the annual • accumulation of those funds? Mr. Crawford responded that has not happened to date. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1993 PAGE 7 • MOTION: Councilmember Luna moved to accept Item A-9 as submitted. The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) Councilmember Mullen expressed her support of filling the vacant Police Dispatcher/Clerk position. MOTION: Councilmember Mullen moved to fill the vacant position as a Dispatcher/Clerk at the estimated salary costs of $20,625. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) MOTION: Councilmember Mullen moved to suspend the rules in order to start public hearings at 7:15 p.m. in order to hear Item B-1 regarding the Central Coast Little League request to jointly construct night lighting on Lila Keiser Park West Field. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) B. UNFINISHED BUSINESS B-1 REVIEW OF CENTRAL COAST LITTLE LEAGUE TO JOINTLY CONSTRUCT • NIGHT LIGHTING ON KEISER PARK WEST Recreation and Parks Director Steve Wolter reviewed the request of Central Coast Little League to jointly construct night lighting on Lila Keiser Park West Field. Mr. Wolter stated the City's estimated cost is approximately $70,000. The opportunity of working with Central Coast Little League provides the City the ability to obtain a mutually desired goal by the City and Central Coast Little League at potentially less expense. He said currently there is approximately $46,800 in the Quimby Act Fund which would adequately cover the expense of the purchase of the sport light clusters and supplies that Central Coast Little League may not be able to get donated. Mr. Wolter suggested the following three alternatives for council's review: 1) staff develop an agreement with Central Coast Little League to provide for the construction of lighting at Keiser Park West; 2) staff to indicate the City's interest in this project to Central Coast Little League but decline to fund it at this time; and 3) staff inform Central Coast Little League that some combination of City/Little League funding is needed to construct lights at Keiser Park West. Mayor Yates asked if there is a time -frame for this request? Mr. • Wolter responded there is some hope that it can be done before the season's end. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1993 PAGE 8 • Councilmember Crotzer stated this is an appropriate issue for the Recreation and Parks Commission to review. Councilmember Luna stated Council could expedite this request by authorizing staff to work with the Recreation and Parks Commission to form an agreement with Central Coast Little League. Mayor Yates stated to return this request to Recreation & Parks Commission for review and have it returned to Council will take approximately six weeks. Jim Miller, representative for Central Coast Little League, said the League could work with that. MOTION: Councilmember Mullen moved to refer this item back to the Recreation & Parks Commission, and that they meet in a special session between today and the next City Council meeting, and provide their recommendations on this item to Council by the April 26, 1993 Council meeting. The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) B-2 ORDINANCE NO, 429 AMENDING TITLE 17 TO ADJUST THE C-1 (PD/S.41 ZONING TO 13.0 ACRES AND TO ZONE THE REMAINING APPROXIMATELY 25 ACRES TO OA-1 PURSUANT TO MEASURE H (SECOND READING/ADOPTION) CEQA DETERMINATION: THE CALIFORNIA COASTAL COMMISSION IS THE LEAD AGENCY FOR LOCAL COASTAL PLAN AMENDMENTS FOR PURPOSES OF CEOA • •N: Councilmember Mullen moved • have Ordinance No. 429 read by title and number only. The motion was seconded by Councilmember• unanimously carried.1 The City Administrator read Ordinance No. 429 by title and number. MOTION: Councilmember Mullen moved to adopt Ordinance No. 429 as second and final reading. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) B-3 SUB -COMMITTEE REPORT ON AD -HOC COMMITTEE REVIEW OF MORRO BAY MUNICIPAL CODE This item was continued to the May 10, 1993 City Council meeting. B-4 DISCUSSION OF PROPOSED WATER TREATMENT FACILITY FOR WELLS This item was continued to the May 24, 1993 City Council meeting. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1993 PAGE 9 • C. NEW BUSINESS C-1 PROPOSED PARKING FOR DOWNTOWN DIAGONAL ON -STREET PARKING ON VARIOUS STREETS AND FRONT STREET PARKING LOT MOTION: Councilmember Mullen moved to authorize staff to prepare an ordinance that includes diagonal one-way parking on several streets as described by staff by the May 10, 1993 City Council meeting. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) Councilmember Mullen asked staff to provide a cost breakdown on the proposal by the April 26, 1993 City Council meeting. MOTION: Councilmember Mullen moved to direct staff to discuss with Bank of America an agreement to post a sign that parking in their lot is available in the evenings and on weekends. The motion was seconded by Mayor Yates and unanimously carried. (4-0) This item was continued to the April 26, 1993 Council meeting. This item was continued to the April 26, 1993 Council meeting. C-4 CONSIDERATION OF CALIFORNIA ESTUARY PROGRAM AS PROPOSED BY ASSEMBLYWOMAN SEASTRAND This item was continued to the May 24, 1993 Council meeting. C-5 MAYOR REQUEST FOR DISCUSSION ON METHOD OF WATER ALLOCATIONS WHEN RETROFITS EXPIRE This item was continued to the April 26, 1993 Council meeting. D. PUBLIC HEARINGS. REPORTS & APPEARANCES � ; � � • � � �. - - Lam` - -;_,Y • � 1�_ - Community Development Director Don Funk reviewed the appeal of Jim and Nancy Doherty on Planning Commission's actions for a Sign Exception Permit for a business located at 248 Morro Bay Blvd. Mr. Funk recommended Council deny the appeal and uphold the • Planning Commission's action. MINUTES - MORRO BAY CITY COUNCIL REGU`T]AR MEETING - APRIL 12, 1993 PAGE 10\ • Councilmember Crotzer asked if there is any further information regarding the "butchered" tree. Mr. Funk responded the Public Works Department would have had to issue an encroachment permit or a tree trimming permit for work to be done; there is no record of a permit being issued for the work that was done. Councilmember Mullen stated that last year the previous Council directed staff to notify business owners of non -conforming signs, which has not yet been done. She asked when this might happen? Mr. Funk responded the department is in the process of notifying business owners; he anticipates a substantial follow-up to occur. Councilmember Luna asked Mr. Funk to provide some background information on the sign ordinance. Mr. Funk reviewed the ordinance stating state law has provisions to limit the City's ability to change the sign program. Councilmember Luna asked if there was anything pending in the state legislature within the next year that will allow the City more flexibility with the sign ordinance? Mr. Funk responded recent legislation adopted regulations to protect signage for freeway billboard signs. Councilmember Luna asked City Attorney David Hunt if an initiative to change the sign ordinance could supercede state law? Mr. Hunt responded a local initiative cannot go in opposition or in conflict with state law. • Mayor Yates opened the hearing for public comment. Nancy Doherty, applicant/appellant, stated she did not receive notice of the Planning Commission hearing in a timely manner. She said her understanding of the code is that if there is no change in the type of business there is no need for a sign permit. Mrs. Doherty said the issue of the tree should be handled separately. Councilmember Luna stated the Planning Commission is consistent in denying this type of request. Mayor Yates stated he noticed the window signs on this business before he noticed the roof -top sign. Mrs. Doherty said the roof- top sign is seen from a distance which draws in business. Councilmember Crotzer stated the Planning Commission's findings point to the reasons why the sign is not in compliance. He said the issue of the applicant not being noticed in a timely manner should be corrected. 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1993 PAGE 11 • Jim Doherty, applicant/appellant, stated the roof -top sign attracts night-time customers. He said the sign ordinance is unenforceable because there are too many exceptions. Mr. Doherty stated he chopped on the tree and will chop on it again if it encroaches on the sign unless the City makes him take the sign down. Mr. Doherty stated he will not comply until all other non- conforming signs are in compliance. Mayor Yates agreed it is difficult to enforce the sign ordinance when there are other non -conforming signs that remain in place. Suedene Nelson, Chamber of Commerce Manager, said she would like the City to address the sign ordinance. Mayor Yates closed the hearing for public comment. Councilmember Luna disagreed with portions of the staff report findings and stated he is leaning towards supporting the appeal. Councilmember Crotzer asked who will be liable for the sign? City Attorney David Hunt responded the person who erected the sign and failed to maintain it. Councilmember Mullen said the City needs to enforce the sign ordinance. She expressed her concern with the cutting of the • tree. Councilmember Mullen mentioned a lighted sign in the window would be an option. Councilmember Crotzer agreed with Councilmember Mullen. He said the Planning Commission was clear why they felt this sign should come down. Mayor Yates asked how this appeal would stand in court? Mr. Hunt responded the City is within their right to deny the exception; the Planning Commission had reasonable evidence to make its decision. Mayor Yates asked how long it would take to bring the City in compliance with the sign ordinance. Mr. Funk reviewed the notification process. He estimated it could take up to six months to bring signs into conformance or to process exception permits. Councilmember Luna stated previous Councils have upheld similar appeals with a condition to bring the sign into conformance within 18 months. Mayor Yates stated he could support that with the amendment to direct staff to start the notification process. Councilmember Mullen stated it is time to enforce the sign ordinance. • 171 • 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1993 PAGE 12 MOTION: Councilmember Mullen moved to deny the appeal and uphold the Planning Commission's decision. The motion was seconded by Councilmember Crotzer. City Attorney David Hunt gave a legal opinion based on a motion for reconsideration. Councilmember Mullen amended her motion to uphold the Planning Commission's decision with an amendment to apply a deadline to bring non -conforming signs in conformance by January 1, 1994. The amended motion was seconded by Mayor Yates and unanimously carried. (4-0) MOTION: Councilmember Crotzer moved to direct staff to notify all businesses with non -conforming signs by April 30, 1993. The motion was seconded by Councilmember Mullen and unanimously carried. (4-0) Mayor Yates called for a break at 8:15 p.m.; the meeting resumed at 8:30 p.m. VIE • - . •S *•why: Z1 DID 4 Zs 4:- • -` Community Development Director Don Funk reviewed the ordinance amending Section 13.20.080(C) (3A,3B,3C) to make it consistent with Ordinance No. 390 - Measure I; and amendment to Section 13.20 to allow on -site banking of earned water equivalency units for commercial and industrial properties. Mr. Funk stated staff concurs with the Water Advisory Board recommendations regarding the 2-1 rather than 3-1 savings for commercial and industrial uses, and to allow on -site banking of water equivalency units for commercial and industrial uses. Mayor Yates opened the hearing for public comment. Peter Smith, General Manager of the Inn at Morro Bay, stated they would like to take advantage of improving their facility. Mary Phillips inquired about retrofitting and asked if she could add bathrooms to her house and have them retrofitted? Mr. Funk responded no. Mayor Yates closed the hearing for public comment. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1993 PAGE 13 • MOTION: Councilmember Luna moved to amend Section 13.20 of the Morro Bay Municipal Code to allow on -site banking of water equivalency units from 3-1 to 2-1 for commercial and industrial uses; and amend the language to Ordinance No. 430 as follows: 3. This retrofit need not be tied to any specific current projects but may apply to any future non- residential expansions and/or more intensive non- residential use on -site; and 4. In the event of the contemplated sale of the subject property, the retrofit application and replacement work shall be initiated and completed prior to the time of sale; sale defined as last condition precedent to the sale being satisfied. The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) Mayor Yates opened the hearing for public comment. Mark Allen asked if commercial uses could be exempt from the mandatory program? Councilmember Mullen stated Measure I will not allow for that exemption. • Ann Freeman asked if the retrofit could take place before the ordinance is adopted? Councilmember Mullen stated there is no ordinance that allows for banking of water equivalencies. Nelson Sullivan stated the 3-1 water equivalency savings is a valid finding based on it providing a level playing field. Ed Ewing stated the retrofit program is a hassle and the City needs to provide a new option for obtaining water equivalencies. Mayor Yates closed the hearing for public comment. Councilmember Mullen asked City Attorney David Hunt for a legal opinion on an emergency ordinance? Mr. Hunt responded that based on a financial hardship, an emergency ordinance is allowed to amend the existing ordinance. Mayor Yates asked Mr. Smith of the Inn at Morro Bay if this was an emergency situation? Mr. Smith responded it could be based on the approaching tourist season. He said water credits will be lost if the ordinance is not amended. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1993 PAGE 14 • MOTION: Councilmember Mullen moved to further amend Ordinance No. 430 by adding the following finding: 6. A situation exists which constitutes an emergency in that: a) The economy of the City of Morro Bay relies heavily on tourism; and b) The Inn at Morro Bay is a critical visitor/conference center and destination resort within the City; and c) The Transient Occupancy Tax provides over 10% of the City's revenues annually; and d) These are critical economic times and the City of Morro Bay must take every opportunity to protect our local businesses and City revenue; and e) If the City of Morro Bay does not take immediate action, the economic viability of this resort, as well as other commercial and industrial properties, is in immediate and severe jeopardy. Injury to these businesses will have a major adverse impact on City revenues. The motion was seconded by Mayor Yates and unanimously carried. (4-0) • Mayor Yates re -opened the hearing for public comment on the amended ordinance. Nancy Doherty stated Council should be consistent with the enforcement of ordinances. Mayor Yates closed the hearing for public comment. MOTION: Councilmember Mullen moved to read Ordinance No. 430 by title and number only. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) City Administrator Forrest Henderson read Ordinance No. 430 by title and number. MOTION: Mayor Yates moved to adopt Ordinance No. 430 as an emergency ordinance. The motion was seconded by Councilmember Mullen and unanimously carried. (4-0) Councilmember Mullen stated that since this is an emergency ordinance it will take effect immediately. MOTION: Mayor Yates moved to suspend the rules to take the agenda out of order and discuss Item B-5. The motion was seconded by Councilmember Mullen and unanimously . carried. (4-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1993 PAGE 15 B-5 EMERGENCY RESOLUTION DIRECTING STAFF TO PROCEED WITH THE ISSUANCE OF TAX EXEMPT BONDS TO FINANCE THE DESALINATION FACILITY MOTION: Mayor Yates moved to approve Resolution No. 26-93 directing staff to proceed with the issuance of tax exempt bonds to finance the desalination facility. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) Finance Director Rudy Hernandez reviewed the desalination facility funding process. City Attorney David Hunt stated the bond counsel said tax exemption takes place upon completion of the facility. Community Development Director Don Funk and Public Works Director Jon Crawford presented the Environmental Impact Report on the Desalination Facility to Council. • Bill Boucher, Project Manager, reviewed the history of the project. He said the project consists of a request to allow continued operation of the existing facility past October 1993. Mr. Boucher stated the EIR is intended to comply with the California Environmental Quality Act and to support the permit applications to operate the project in the future. He said the EIR evaluates the impacts of operating the desalination facility at various capacities on a continuous as well as intermittent basis. Mr. Boucher recommended Council approve the Final Environmental Impact Report and Conditional Use Permit. Robert Ray of Woodward -Clyde Consultants, and Mark Garza of Ogden Environmental and Energy Services were available to answer questions on the Environmental Impact Report. Mayor Yates opened the hearing for public comment. Mary Phillips stated the City bought a "pig on a poke" and asked what the City will do if the desalination plant cannot be used? Mayor Yates closed the hearing for public comment. a MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1993 PAGE 16 MOTION: Mayor Yates moved to accept the Final Environmental Impact Report with amendments to pages ES-8 and ES-9 and accept the findings addressed in the staff report. The motion was seconded by Councilmember Mullen and unanimously carried. (4-0) MOTION: Mayor Yates moved to Permit and Conditional addressed in the staff by Councilmember Mullen I � � • i1S��l.w1�`�Y,i approve the Coastal Development Use Permit based on the findings report. The motion was seconded and unanimously carried. (4-0) MOTION: Mayor Yates moved the meeting be adjourned to Closed Session on April 19, 1993 to consider personnel matters in accordance with Government Code §54957. The motion was seconded by Councilmember Crotzer and unanimously carried.(4-0) The meeting adjourned at 11:55 p.m. Recorded by: • BRIDGETT DAVIS Deputy City Clerk 0 a z x • IAim"' rfl" az, 19q3 City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION - MARCH 22, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE § 54956.9(A), PENDING LITIGATION: ♦ WILLIAMS BROTHERS V CITY OF MORRO BAY, CASE NO, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT CV 91-496-WMB; OF THE STATE OF CALIFORNIA ♦ WILLIAMS BROTHERS V CITY OF MORRO BAY, CASE NO. OBISPO SUPERIOR COURT; 69397, SAN LUIS ♦ VOTERS INITIATIVE COMMITTEE V. CITY OF MORRO BAY, SAN LUIS OBISPO SUPERIOR COURT; CASE NO. B067517, CASE NO. 71138, SECOND DISTRICT COURT OF APPEALS, SIXTH DIVISION ♦ LANE V. SHEETZ, CASE NO. CV 71562, SAN LUIS OBISPO SUPERIOR COURT; CASE NO. B069381, SECOND DISTRICT COURT OF APPEALS, SIXTH DIVISION ♦ • WILLIAMS BROTHERS MARKETS INC.V CALIFORNIA COASTAL. COMMISSION, CASE NO. 936619, SUPERIOR COURT IN THE CITY AND COUNTY OF SAN FRANCISCO ♦ .TOHNSON V. CITY OF MORRO BAY, CASE NO. 68991, SUPERIOR COURT SAN LUIS OBISPO ♦ GIL MAN V CITY OF MORRO BAY, CASE NO. 69131, SUPERIOR COURT SAN LUIS OBISPO ♦ FRETTAS V. CITY OF MORRO BAY, CASE NO. 71825, SUPERIOR COURT SAN LUIS OBISPO ♦ IN RE: THE MATTER OF PACIFIC DEVELOPMENT; UNITED STATES BANKRUPTCY COURT, EASTERN DISTRICT E-2 GOVERNMENT CODE § 54956.9(B)(1), POTENTIAL LITIGATION REGULAR MEETING - MARCH 22, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE LIGHTEN UP MAYOR'S REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please 0-ome forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. 1 0ECLARATION OF FUTURE AGENDA ITEMS (CITY COUNCIL) A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE SPECIAL MEETING OF FEBRUARY 3, 1993 AND REGULAR MEETING OF FEBRUARY 22, 1993 A-2 STATEMENT OF CASH AND INVESTMENTS - FEBRUARY 1993 A-3 EXPENDITURE REPORT - FEBRUARY 1993 A-4 WATER WELL AND SUPPLY STATUS REPORT A-5 PROCLAMATION DESIGNATING APRIL AS COMMUNITY SERVICES MONTH A-6 PROCLAMATION DESIGNATING APRIL AS MONTH OF THE CHILD A-7 PROCLAMATION DECLARING APRIL 18-25, 1993 TO BE COMMUNITY SPRING CLEAN- UP WEEK IN MORRO BAY A-8 CLAIM REJECTION - R.E. & M. E. MCCONAGHAY •-9 CLAIM REJECTION - CHARLES & JENNIFER LENET A-10 RESOLUTION SUPPORTING THE LEAGUE OF CALIFORNIA CITIES CHANNEL COUNTIES DIVISION'S LEGISLATIVE ACTION PROGRAM FOR 1993 A-11 ENDORSEMENT OF COALITION FOR COOPERATIVE GOVERNMENT LETTER IN RESPONSE TO THE GOVERNOR'S BUDGET PROPOSAL A-12 NOTIFICATION OF EMERGENCY COASTAL DEVELOPMENT PERMITS: CDP 07-93E AND CDP 14-93E (INN AT MORRO BAY); CDP 02-93E (200 KERN STREET); CDP 03- 93E (2961 HEMLOCK AVENUE); AND CDP 64-92E (426 SHASTA AVENUE) A-13 SET HEARING DATE (APRIL 12, 1993) ON APPEAL OF PLANNING COMMISSION DENIAL OF CASE NO. SIGN 01-93; 248 MORRO BAY BLVD. (JIM AND NANCY DOHERTY, APPLICANTS/APPELLANTS) A-14 FINAL REVIEW OF 3-TIER RESIDENTIAL SOLID WASTE COLLECTION SERVICE A-15 ASSIGNMENT OF LEASE SITE 78-81/78W-81W FROM VAN BUERDEN INVESTMENTS TO FLYING DUTCHMAN ENTERPRISES; AND APPROVAL OF LANDLORD ESTOPPEL AGREEMENT A-16 FUNDING AUTHORIZATION FOR EMERGENCY REVETMENT REPAIRS A-17 REQUEST FROM "FRIENDS OF THE ESTUARY" TO EXPEND EXISTING BUDGETED MONIES ON MORRO BAY ESTUARY VIDEO PROJECT • E UNFINISHED BUSINESS None C. NEW BUSINESS C-1 CONSIDERATION OF LITTLE LEAGUE REQUEST TO JOINTLY CONSTRUCT LIGHTS AT LILA KEISER PARK WEST FIELD C-2 CONSIDERATION OF APPOINTING A CITY COUNCIL MEMBER TO REPRESENT MORRO BAY AT THE BOARD OF SUPERVISORS' MARCH 23, 1993 MEETING FOR THE DISCUSSION ON NACIMIENTO PROJECT D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 ORDINANCE NO. 426 AMENDING CHAPTER 12.08 AND ADDING CHAPTER 12.09 TO THE MORRO BAY MUNICIPAL CODE PERTAINING TO TREES (CONTINUE TO APRIL 26, 1993) D-2 APPLICATION FOR 1993 COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE DEVELOPMENT OF A 21-UNIT SENIOR AND HANDICAP LOW INCOME HOUSING PROJECT LOCATED AT 2612 ELM STREET D-3 PUBLIC HEARING ON CASE NO. GPA/LCP/ZOA 01-91 MEASURE H; AMENDMENT TO THE GENERAL PLAN, LOCAL COASTAL LAND USE PLAN TEXT AND MAPS, AND ZONING ORDINANCE MAP TO MODIFY LAND USE DESIGNATIONS ON PORTIONS OF • THE TRI-W ENTERPRISES PROPERTY EAST AND ADJACENT TO THE HIGHWAY ONE/MORRO BAY BOULEVARD INTERSECTION IN ORDER TO COMPLY WITH A VOTER INITIATIVE MEASURE H. THE AMENDMENTS WILL: 1) REDUCE THE ACREAGE AVAILABLE FOR C-1 ("DISTRICT COMMERCIAL") USAGE TO 17.54 ACRES INCLUDING 13 ACRES FOR COMMERCIAL DEVELOPMENT AND 4.5 ACRES OF OPEN SPACE EASEMENTS AND SLOPE AREA; 2) DELETE THE DESIGNATION FOR C-VS ("VISITOR -SERVING") USES; AND 3) ZONE 20.1 ACRES OS-1 (OPEN SPACE). (CEQA DETERMINATION: THE CALIFORNIA COASTAL COMMISSION IS THE LEAD AGENCY FOR LOCAL COASTAL PLAN AMENDMENTS FOR PURPOSES OF CEQA) D-4 PUBLIC HEARING ON CASE NO. GPA/LCP 02-91; REVIEW OF HILLSIDE VISUAL RESOURCES/SCENIC HIGHWAY REGULATIONS RESTRICTING DEVELOPMENT ON HILLSIDES AND RIDGES F. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. n LJ • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - MARCH 22, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:20 p.m. PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Forrest Henderson City Administrator David Hunt Int. City Attorney E. CLOSED SESSION MOTION: Councilmember Mullen moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. • The meeting adjourned to Closed Session at 5:19 p.m. and returned to regular session at 5:45 p.m. F. ADJOURNMENT MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) The meeting adjourned at 5:45 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 22, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 22, 1993 PAGE 2 ABSENT: None STAFF: Forrest Henderson City Administrator David Hunt Int. City Attorney Rick Algert Harbor Director Jon Crawford Public Works Dir. Bridgett Davis Deputy City Clerk Don Funk Comm. Dev. Dir. Rudy Hernandez Finance Director Ray McKelligott led the Pledge of Allegiance. Mayor Yates introduced Mark Allen who shared highlights of past City Council meetings. Mayor Yates announced ABC is providing the coffee for this month. Cathy Novak presented the Council with a donation of $375 from the Morro Bay Commercial Fishermen's Organization and $300 from Virg's Fishing for costs and expenses incurred on the Morro Bay • Harbor Entrance Project. Mayor Yates announced that the legal agreement with Tri-W has been signed to the satisfaction of all parties. • y!ti \4_ Mary Phillips asked Council if she could speak with the City Attorney regarding the survey on her property? Mayor Yates referred Mrs. Phillips to City Attorney David Hunt. Mr. Hunt stated he would be able to meet with Mrs. Phillips after he has had time to review the matter and asked her to provide him with her concerns in writing. Mary Phillips asked if she could help local children get started with a recycling program? Councilmember Mullen responded the high school is currently working on a proposal for a recycling program. Public Works Director Jon Crawford clarified that recycling can be done privately as long as the recyclables are not taken from the orange bins. Warren Dorn, 212 Beach Street, expressed his concern that the proposed liveaboard ordinance deals with a limited portion of the bay and stated all agencies involved should contract with the City to enforce a model ordinance for the entire bay. Mr. Dorn • also submitted a letter for Council review regarding water reclamation. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 22, 1993 PAGE 3 • Ann Freeman, 785 Cabrillo Place, asked if the matter of legal fees between the City, Tri-W and VIC has been resolved? City Attorney David Hunt stated an agreement has been made between Tri-W and the City as to what percentage is to be absorbed, and he is working with Shane Kramer to resolve the matter with VIC. Ron Hillman, 420 Harbor Street, said the City needs to improve the speaker system in the Veterans' Hall for those hard of hearing. Councilmember Luna requested the City Attorney review Section 17.44.020(A)(7) of the Morro Bay Municipal Code and make a determination of whether or not expending a portion of the parking in -lieu fee funds for the purpose of purchasing a trolley is consistent. Mayor Yates requested discussion on the method of water allocations when retrofits expire; and also the consideration of the California Estuary Program as proposed by Assemblywoman Seastrand. A. CONSENT CALENDAR • A-1 CITY COUNCIL MINUTES FOR THE SPECIAL MEETING OF FEBRUARY 3 1993 AND RZOU AR MEETING OF FEBRUARY 22 19933 Mr. Henderson recommended Council approve the minutes of February 3, 1993 and February 22, 1993 as submitted. A-2 STATEMENT OF CASH AND INVESTMENTS - FEBRUARY 1993 Mr. Henderson recommended Council approve the Statement of Cash and Investments as submitted. A-3 EXPENDITURE REPORT - FEBRUARY 199-3 Mr. Henderson recommended Council approve the Statement of Expenditures as submitted. A-4 WATER WELL AND SUPPLY STATUS REPORT Mr. Henderson recommended Council receive the report for information and file. A-5 PROCLAMATION DESIGNATING APRIL AS COMMUNITY SERVICES MONTH Mr. Henderson recommended Council adopt the Proclamation • designating April as Community Services Month. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 22, 1993 PAGE 4 • A-6 PROCLAMATION DESIGNATING APRIL AS MONTH OF THE CHILD Mr. Henderson recommended Council adopt the Proclamation designating April as Month of the Child. A-7 PROCLAMATION DECLARING APRIL 18-25, 1993 TO BE COMMUNITY SPRING CLEAN-UP WEEK IN MORRO BAY Mr. Henderson recommended Council adopt the Proclamation declaring April 18-25, 1993 as Community Spring Clean -Up Week. A-8 CLAIM REJECTION - R.E. & M. E. MCCONAGHAY Mr. Henderson recommended Council reject the claim of R.E. and M.E. McConaghay. A-9 CLAIM REJECTION - CHARLES & JENNIFER LENET Mr. Henderson recommended Council reject the claim of Charles and Jennifer Lenet. A-10 RESOLUTION SUPPORTING THE LEAGUE OF CALIFORNIA CITIES CHANNEL COUNTIES DIVISION'S LEGISLATIVE ACTION PROGRAM FOR 1993 • Mr. Henderson recommended Council adopt Resolution No. 20-93 supporting the League of California Cities Channel Counties Division's Legislative Action Program for 1993. NO • :y \4- • •' • .0Ic=•Z•Z*l +]•S•S+]�1:w�3:G��}�Yw�1�. Mr. Henderson recommended Council endorse the Coalition for Cooperative Government letter in response to the Governor's budget proposal. Mr. Henderson recommended Council approve the Emergency Coastal Development Permit report as submitted. Mr. Henderson recommended Council set the appeal hearing date for April 12, 1993. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 22, 1993 PAGE 5 SERVICE Mr. Henderson recommended Council approve the 3-Tier Solid Waste Collection Service report as submitted. A-15 ASSIGNMENT OF LEASE SITE 78-81/78W-81W FROM VAN BURDEN INVESTMENTS TO FLYING DUTCHMAN ENTERPRISES; AND APPROVAL• OF LANDLORD ESTOPPEL• AGREEMENT Mr. Henderson recommended Council approve the assignment of Lease Site 78-81/78W-81W and landlord estoppel agreement. A-16 FUNDING AUTHORIZATION FOR EMERGENCY REVETMENT REPAIRS Mr. Henderson recommended Council authorize funding for emergency revetment repairs. A-17 REQUEST FROM "FRIENDS OF THE ESTUARY" TO EXPEND EXISTING BUDGETED MONIES ON MORRO BAY ESTUARY VIDEO PROJECT Mr. Henderson recommended Council approve the expenditure of existing budgeted monies on the Morro Bay Estuary Video Project. Councilmember Mullen requested Item A-1 be pulled for separate • action; and Councilmember Crotzer pulled Item A-17. MOTION: Councilmember Mullen moved for approval of the Consent Calendar with the exception of Items A-1 and A-17. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-1 CITY COUNCIL MINUTES FOR THE SPECIAL MEETING OF FEBRUARY 3 1993 AND REGULAR MEETING OF FEBRUARY 22, 1993 Councilmember Mullen asked that Sil Cadenasso's name be corrected in the minutes of February 3, 1993. Mayor Yates asked that Carter Gage's name be corrected in the minutes of February 22, 1993. Councilmember Crotzer asked that his statement regarding bicycle lane funding be clarified in the minutes of February 22, 1993. MOTION: Councilmember Luna moved to approve the minutes of February 3, 1993 and February 22, 1993 as amended. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) A-17 REQUEST FROM "FRIENDS OF THE ESTUARY" TO EXPEND EXISTING BUDGETED MONIES ON MORRO BAY ESTUARY VIDEO PROJECT • Councilmember Crotzer stated Friends of the Estuary have done a great service to the community in taking the lead in creating MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 22, 1993 PAGE 6 • protection to the environment of the estuary. Councilmember Crotzer said the proposed video project could be profitable to the City; however, he is concerned that the depletion of research funds would be difficult to replenish without obtaining a profit. Councilmember Luna expressed his concern that the funds may be needed for an environmental impact report for the Waterfront Specific Plan. Councilmember Mullen asked what this money was earmarked for in the mid-1980's? Bill Newman, President of the Friends of the Estuary, responded the money was for studies of the bay in cooperation with the National Estuary Program. Mr. Newman reviewed the costs of the video project. He said the purpose of the video is for educational purposes and the Friends of the Estuary are not interested in making a profit. MOTION: Councilmember Mullen moved to approve the expenditure of $9,000 from the Harbor Fund for the Estuary Video Project. Councilmember Unger asked if she had a conflict of interest since she is a member of the Friends of the Estuary? City Attorney David Hunt responded there may be a conflict and that she should • abstain. Councilmember Crotzer said that he is also a member of the Friends of the Estuary. Mr. Hunt said there is a rule of necessity that if there is not a quorum, one member can be pulled in to vote. The motion died for lack of a second. B. UNFINISHED BUSINESS None C. NEW BUSINESS :IN _ __:_ City Administrator Forrest Henderson recommended Council discuss this item and further information will be provided to Council at the next City Council meeting. Councilmember Luna stated this has been a capital improvement plan for the past five years. He said having Little League's interest to pursue this will save the City money. Councilmember Crotzer stated this is a worthwhile commitment for • the community. • • 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 22, 1993 PAGE 7 MOTION: Councilmember Crotzer moved to direct staff to work with the Central Coast Little League to develop a mutual agreement for Lila Keiser Park West field lighting. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) •�_ •_: •� • '•_.__ •.1� ley: _• Councilmember Mullen stated the San Luis Obispo County Board of Supervisors will be meeting tomorrow to discuss the Nacimiento Project and the allocations of water. She requested Council appoint a delegate to represent the City of Morro Bay and speak before the Board to encourage them to give the City the full allocation. MOTION: Councilmember Luna moved to appoint Councilmember Mullen to represent Morro Bay at the Board of Supervisors' March 23, 1993 meeting for the discussion on Nacimiento Project. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) D. PUBLIC HEARINGS REPORTS & APPEARANCES This item was continued to the April 26, 1993 City Council meeting. D-2 APPLICATION FOR 1993 COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE DEVELOPMENT OF A 21-UNIT SENIOR AND HANDICAP LOW INCOME HOUSING PROJECT LOCATED AT 2612 ELM STREET Scott Smith of Peoples' Self Help Housing reviewed the application for the 1993 Community Development Block Grant for the development of a 21-unit senior and handicap low income housing project located at 2612 Elm Street. Councilmember Luna stated condition number (2) on the resolution should read: the City will waive water and sewer availability fees for the Oceanside Gardens development. Mayor Yates opened the hearing for public comment. The following people spoke in favor of the proposed development: Ed McCracken, Bruce Risley, Imogene Haidet, and Warren Dorn. • u MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 22, 1993 PAGE 8 Ed Smith asked where this project falls on the long-term waiting list? Community Development Director Don Funk responded low- income housing projects have priority on the long-term waiting list. Mayor Yates closed the hearing for public comment. MOTION: Councilmember Mullen moved for adoption of Resolution No. 21-93 approving an application and contract execution for funding from the general allocation of the State CDBG Program and authorizing the execution of a grant agreement with the State of California for the purposes of this grant with an amendment which addresses water and sewer availability fees. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Community Development Director Don Funk reviewed the revision to the General Plan, Local Coastal Plan, and Land Use Map. Mr Funk recommended Council adopt Resolution No. 23-93 approving amendments to the General Plan and Land Use Plan policies, and Land Use Plan Map in order to comply with Measure H. Mr. Funk also recommended Council adopt Ordinance No. 429 adopting the amendment to Title 17 of the Morro Bay Municipal Code in order to comply with Measure H. Mayor Yates opened the hearing for public comment. Marshall Ochylski, representative for Tri-W, stated they would like to move on with the project. Roger Ewing thanked the Council for bringing this project to a conclusion. Mayor Yates closed the hearing for public comment. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 22, 1993 PAGE 9 • MOTION: Councilmember Mullen moved to adopt Resolution No. 23- 93. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) MOTION: Councilmember Mullen moved to have Ordinance No. 429 read by title and number only. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) City Administrator Forrest Henderson read Ordinance No. 429 by title and number only. MOTION: Councilmember Mullen moved for approval of introduction and first reading of Ordinance No. 429. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Community Development Director Don Funk stated Marshall Ochylski, representative of Tri-W, requested clarification of the City - adopted hillside regulations. Mr. Funk said on June 17, 1992, Council approved amendments to • the General Plan/Local Coastal Plan to prohibit building on slopes over 210-foot elevations or on slopes over 30% or more, which was intended to only apply to the portion of properties visible from either Highway one or Highway 41. Mr. Funk stated if Council concurs with this interpretation, they should authorize the Mayor to send a letter to the State Coastal Commission indicating that the intent of Program VR-4.1 of the Local Coastal Plan is to have the Planning Commission review the development on slopes of 20 to 30 percent and prohibit all building over 30% slope and 210-foot elevation only when the development would be visible from Highway One and Highway 41. Mayor Yates opened the hearing for public comment. Marshall Ochylski, representative for Tri-W, referred Council to a map of the property involved and reviewed the Coastal Commission interpretation of the amendment. Warren Dorn stated the City should abide by the Coastal Act which does not allow the obstruction of the views from Highway One. Mayor Yates closed the hearing for public comment. Councilmember Crotzer stated he concurs with protecting the views • from Highway One and Highway 41. He said he would like input from the Planning Commission. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 22, 1993 PAGE 10 • Councilmember Mullen stated requirements are needed to protect the viewshed of Highway One and Highway 41 since the Local Coastal Plan does not protect the viewshed of the hillsides. She indicated the criteria was intended to protect views from the highways. Councilmember Luna sending a letter tc Hunt responded wii clarification to process to resolve the ordinance. N Hillside Ordinance. asked the City Attorney for clarification on the Coastal Commission. City Attorney David h three alternatives: 1) send a letter of :he Coastal Commission; 2) to through the the issue; or 3) admit to a clerical error in r. Hunt recommended the Council revise the MOTION: Councilmember Luna moved to direct staff and the Planning Commission to amend the Local Coastal Plan with clarification to the language on hillside regulations showing the City's intent to protect views from Highway One and Highway 41. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) E. CLOSED SESSION • MOTION: Councilmember Crotzer moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 8:20 p.m. and returned to regular session at 8:33 p.m. F. ADJOURNMENT MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Mayor Yates and unanimously carried. (5-0) The meeting adjourned at 8:33 p.m. Recorded by: BRIDG T DAVIS Deputy City Clerk • • NOT = C E O F SPEC = AL MEET = NG NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Monday, March 15, 1993 at 5:30 p.m. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California. Council will immediately adjourn to Closed Session to consider the following: GOVERNMENT CODE § 54956.9(A), PENDING LITIGATION ♦ WILLIAMS BROTHERS V. CITY OF MORRO BAY, CASE NO. CV 91- 496-WMB; UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF THE STATE OF CALIFORNIA ♦ WILLIAMS BROTHERS V CITY OF MORRO BAY, CASE NO. 69397, SAN LUIS OBISPO SUPERIOR COURT; ♦ VOTERS INITIATIVE COMMITTEE V CITY OF MORRO BAY, CASE NO. 71138, SAN LUIS OBISPO SUPERIOR COURT; CASE NO. B067517, SECOND DISTRICT COURT OF APPEALS, SIXTH DIVISION ♦ LANE V. SHEETZ, CASE NO. CV 71562, SAN LUIS OBISPO SUPERIOR COURT; CASE NO. B069381, SECOND DISTRICT COURT OF APPEALS, SIXTH DIVISION ♦ WILLIAMS BROTHERS MARKETS, INC. V. CALIFORNIA COASTAL • COMMISSION, CASE NO. 936619, SUPERIOR COURT IN THE CITY AND COUNTY OF SAN FRANCISCO DATED: March 12, 1993 71c uaoi.v. I�I ua3w1 60 SUSAN MULLEN, Vice -Mayor City of Morro Bay, California 0 City Of Morro Bay City Council Agenda Mission Statement The City of Mono Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION - MARCH 8, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE § 54956.9(A), PENDING LITIGATION: ♦ WILLIAMS BROTHERS V. CITY OF MORRO BAY, CASE NO. CV 91-496-WMB; UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF THE STATE OF CALIFORNIA ♦ wTLLTA_MS BROTHERS V.-CITY OF MORRO BAY, CASE NO. 69397, SAN LUIS OBISPO SUPERIOR COURT; ♦ VOTERS INITIATIVE COMMITTEE V. CITY OF MORRO BAY, CASE NO. 71138, SAN LUIS OBISPO SUPERIOR COURT; CASE NO. B067517, SECOND DISTRICT COURT OF APPEALS, SIXTH DIVISION ♦ LANE V. SHEET2, CASE NO. CV 71562, SAN LUIS OBISPO SUPERIOR COURT; CASE NO. B069381, SECOND DISTRICT COURT OF APPEALS, SIXTH DIVISION ♦ WILLIAMS BROTHERS MARKETS INC.V CALIFORNIA COASTAL COMMTSSTON, • CASE NO. 936619, SUPERIOR COURT IN THE CITY AND COUNTY OF SAN FRANCISCO ♦ JOHNSON V CITY OF MORRO BAY, CASE NO. 68991, SAN LUIS OBISPO SUPERIOR COURT ♦ CILLMAN V. CITY OF MORRO BAY, CASE NO. 69131, SAN LUIS OBISPO SUPERIOR COURT ♦ FREITAS V. CITY OF MORRO BAY, CASE NO. 71825, SAN LUIS OBISPO SUPERIOR COURT ♦ IN RE: THE MATTER OF PACIFIC DEVELOPMENT; UNITED STATES BANKRUPTCY COURT, EASTERN DISTRICT E-2 GOVERNMENT CODE §54956.8, REAL PROPERTY REGULAR MEETING VETERANS MEMORIAL 209 SURF ST., ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE LIGHTEN UP MAYOR'S REPORTS & ANNOUNCEMENTS - MARCH 8, 1993 HALL - 6:00 P.M. MORRO BAY, CA PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please 40ome forward to the podium and state your name and address for the record. omments should normally be limited to three minutes. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE SPECIAL MEETINGS OF JANUARY 21, 1993, FEBRUARY 3, 1993, AND REGULAR MEETING OF FEBRUARY 8, 1993 A-2 1993 WEED ABATEMENT PROGRAM: AUTHORIZATION TO PROCEED A-3 COUNCILMEMBER REQUEST FOR PAINTING OF AGGREGATE TRASH CONTAINERS IN DOWNTOWN A-4 APPROVAL OF LEASE ASSIGNMENT (LEASE SITE 78-81/78W-81W; VANBUERDEN) B. UNFINISHED BUSINESS B-1 ORDINANCE NO. 428 AMENDING CHAPTER 5.32 OF THE MORRO BAY MUNICIPAL CODE, MOBILEHOME AND RECREATIONAL VEHICLE PARK RENT STABILIZATION (SECOND READING/ADOPTION) B-2 ORDINANCE NO. 427 - VESSEL HABITATION (SECOND READING/ADOPTION) C. NEW BUSINESS C-1 CITIZEN REQUEST FOR SUPPORT OF WATER RECLAMATION CONSERVATION PROGRAM 2 TRAVEL AUTHORIZATION FOR HARBOR DIRECTOR TO TRAVEL WITH MAYOR TO WASHINGTON D.C. TO SEEK FUNDING FOR HARBOR ENTRANCE IMPROVEMENT PROJECT C-3 CONSIDERATION OF FORMING A MORRO BAY MUNICIPAL CODE AD HOC COMMITTEE C-4 COUNCILMEMBER REQUEST TO DISCUSS RESCHEDULING OF CITY COUNCIL MEETING TIME D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 COLLECTION OF DELINQUENT SOLID WASTE CHARGES THROUGH PROPERTY LIEN PROGRAM D-2 INTRODUCTORY WORKSHOP AND PUBLIC HEARING FOR DRAFT CITY SOURCE REDUCTION AND RECYCLING ELEMENT D-3 DRAFT JOINT POWERS AGREEMENT TO FORM PROPOSED REGIONAL INTEGRATED WASTE MANAGEMENT AGENCY F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. 2 • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - MARCH 8, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:17 p.m. PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Forrest Henderson City Administrator David Hunt Int. City Attorney E. CLOSED SESSION MOTION: Councilmember Luna moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. • The meeting adjourned to Closed Session at 5:17 p.m. and returned to regular session at 5:55 p.m. F. ADJOURNMENT MOTION: Councilmember Luna moved the meeting be adjourned. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) The meeting adjourned at 5:55 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember • Ahnawake Unger Councilmember n U • MINUTES REGULAR PAGE 2 ABSENT: - MORRO BAY CITY COUNCIL MEETING - MARCH S, 1993 None STAFF: Forrest Henderson City Administrator David Hunt Int. City Attorney Rick Algert Harbor Director Jon Crawford Public Works Dir. Bridgett Davis Deputy City Clerk Steve Wolter Rec. & Parks Dir. Mayor Yates asked for all to take a moment of silence. Mr. Van Heuver led the Pledge of Allegiance. LIGHTEN UP Mayor Yates introduced Suedene Nelson who told the story of an actor who prayed for a horse. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates reported Tri-W submitted a Memorandum of Understanding which is not acceptable to the City, but the City Attorney is working on resolving the issue. Mayor Yates reminded the citizens in the audience of the three minute time limit for public comment. PUBLIC COMMENT Charles Palmer spoke on pipe sizing for the State Water Project (a letter was submitted to the City Clerk). Mary Phillips stated she has been corresponding with Assemblywoman Seastrand regarding the lien on her property. Hugo Hampp stated mobilehome park values drop 25% each year based on the Consumer Price Index. Mr. Hampp addressed the appeal process on rent increases. Donna Kirtley stated in order to have a janitorial business in her home she had to apply for a Conditional Use Permit. The Planning Commission placed a condition on the permit requiring a wall be constructed to separate the business from her residence which is not feasible. City Administrator Forrest Henderson said he would speak to the Community Development Department regarding her permit. DECLARATION OF FUTURE AGENDA ITEMS None. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, 1993 PAGE 3 • A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE SPECIAL MEETINGS OF JANUARY 21, 1993 FEBRUARY 3 1993, AND REGULAR MEETING OF FEBRUARY 8 1993 Mr. Henderson recommended Council approve the minutes as submitted. A-2 1993 WEED ABATEMENT PROGRAM: AUTHORIZATION TO PROCEED Mr. Henderson recommended Council adopt Resolution No. 19-93. A-3 COUNCILMEMBER REQUEST FOR PAINTING OF AGGREGATE TRASH CONTAINERS IN DOWNTOWN Mr. Henderson recommended Council approve the report as submitted and direct staff to return the item for further discussion. A-4 APPROVAL OF LEASE ASSIGNMENT (LEASE SITE 78-81/78W-81W• VANBUERDEN) • Mr. Henderson recommended Council pull this item from the agenda. Councilmember Mullen requested item A-1 be pulled for separate action; and Councilmember Luna pulled item A-3. MOTION: Councilmember Unger moved for approval of the Consent Calendar with the exception of Items A-1 and A-3. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-1 CITY COUNCIL MINUTES FOR THE SPECIAL MEETINGS OF JANUARY 21. 1993 FEBRUARY 3 1993 AND REGULAR MEETING OF FEBRUARY 8, 1993 Councilmember Mullen asked that Sil Cadenasso's name be corrected on the minutes of February 3, 1993. Mayor Yates asked for more detail regarding the additional surfacing to the Front Street parking lot in the minutes of February 3, 1993. MOTION: Mayor Yates moved to bring back the corrected minutes of February 3, 1993 to the City Council meeting of March 22, 1993. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, 1993 PAGE 4 • MOTION: Councilmember Mullen moved to approve the minutes of January 21, 1993 and February 8, 1993. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-3 COUNCILMEMBER REQUEST FOR PAINTING OF AGGREGATE TRASH CONTAINERS IN DOWNTOWN Councilmember Luna asked that this item come back to Council for further review. MOTION: Councilmember Luna moved to accept Item A-3 as submitted. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 ORDINANCE NO. 428 AMENDING CHAPTER 5.32 OF THE MORRO BAY MUNICIPAL CODE, MOBILEHOME AND RECREATIONAL VEHICLE PARK RENT STABILIZATION (SECOND READING/ADOPTION) MOTION: Councilmember Mullen moved Ordinance No. 428 be read by title and number only. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) • MOTION: Councilmember Mullen moved for approval of the second reading and adoption of Ordinance No. 428. The motion was seconded by Councilmember Luna. Councilmember Luna addressed Hugo Hampp's concerns and encouraged him to participate with the Mobilehome Rent Control Board. Mayor Yates expressed concern with the 10% rent increase. Mr. Henderson clarified the ordinance provides for the 10% increase over the current existing space rent. If the park owner seeks other than what the ordinance allows, they have the ability to go before the Rent Review Board. Councilmember Crotzer noted the ordinance requires the owner to pay the appeal fee in advance of a hearing before the Board. City Attorney David Hunt stated the Rent Review Board should develop guidelines and make recommendations to Council on how to implement hardship exemptions. Mr. Henderson stated mobilehome rent can only be raised once a year based on 75% of the CPI. He clarified the rent can only be increased on sales after the sale is complete. Councilmember Mullen stated rent control is needed for the benefit of the City. She said the Rent Control Board should consist of two park owners, two residents and a neutral party. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, 1993 PAGE 5 • Councilmember Crotzer questioned charging a $2.00 appeal fee per space in order to address the Rent Review Board. David Hunt responded a park owner who has been required to make extraordinary expenditures or has incurred costs of such amounts that he would be unable to make a just and reasonable return can make an application to the Rent Review Board on a blanket basis for the entire park. The motion was unanimously carried. (5-0) MOTION: Councilmember Mullen moved to bring Morro Bay Municipal Code 5.32.110 back for discussion and amendment. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) B-2 ORDINANCE NO.427-VESSEL HABITATION (SECOND READING/ADOPTION) MOTION: Councilmember Unger moved to have Ordinance No. 427 read by title and number only. The motion was seconded by Mayor Yates. Councilmember Luna asked if this ordinance applies to Sandal Makara's mooring? Harbor Director Rick Algert responded the ordinance does not address his current mooring location which is non -conforming and is being handled as a separate issue by the • Harbor Advisory Board. Mr. Algert said Sandal's current location, if it is made a conforming mooring location, is outside the area of enforcement of this ordinance. Councilmember Luna stated based on this fact, he does not support the ordinance. Mayor Yates clarified Sandal's mooring is a separate issue from this ordinance, and if it is made a legal mooring, the City can place restrictions on it. Councilmember Luna stated this should be dealt with consistently and there are ways to work with Sandal and bring him into conformity. The motion was unanimously carried. (5-0) Mr. Henderson read Ordinance No. 427 by title and number only. MOTION: Councilmember Unger moved for approval of the second reading and adoption of Ordinance No. 427. The motion was seconded by Councilmember Mullen and carried with Councilmember Luna voting no. (4-1) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, 1993 PAGE 6 • C. NEW BUSINESS C-1 CITIZEN REQUEST FOR SUPPORT OF WATER RECLAMATION CONSERVATION PROGRAM Warren Dorn, President of Morro Bay Beautiful, addressed the Council with regard to a proposed State initiative to preserve and protect parkland and coastal areas. Morro Bay Beautiful would like to make the City's water management plan of reclaiming and reusing wastewater a major element of this coastal resources initiative. Neg Rogoway, Vice -President of Morro Bay Beautiful, stated Morro Bay Beautiful, as a non-profit organization, is able to apply for a grant for this program. He said the Cloisters' Project needs a water management plan to proceed. Councilmember Luna asked Mr. Rogoway what City resources are being asked for? Mr. Rogoway responded they would like to place petitions in City facilities. Councilmember Mullen stated the City approved the Conditional Use Permit for the Cloisters' Project; the Coastal Commission has approved the Coastal Development Permit for this project; and the City and Coastal Commission have conditioned the recordation of • the final map on the City's Water Management Plan. She asked why this proposal should stop the project from moving forward? Mr. Rogoway stated the Cloister's Project is an economic waste of time to pursue for this year. Warren Dorn stated the Cloister's Project should not be processed because it is in violation of the Local Coastal Plan. Councilmember Crotzer asked if the Water Reclamation Program is on the current list for funding? Mr. Rogoway stated there are no projects on the list at this time. Mr. Dorn stated there are three projects in this County which are seeking funding: the Morro's, the Elfin Forest, and this Water Reclamation Program. Mayor Yates asked what the paramount goal is this evening? Mr. Rogoway responded Morro Bay Beautiful's goal has always been that a water reclamation program and open space project be implemented on that location. He said the only objection Morro Bay Beautiful has with the Cloister's Project is in regards to height. Councilmember Mullen asked if the Cloister's Project Conditional Use Permit could be amended. City Attorney David Hunt responded the time -frame involved causes a problem. Public Works Director Jon Crawford stated based on the Permit Streamlining Act, the final map of the subdivision has to be . processed within thirty days of submittal based on state law. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, 1993 PAGE 7 . Councilmember Mullen asked how the final map can be approved if it cannot be recorded without a certified water management plan? Mr. Crawford responded the only way to avoid processing the final map is to call a moratorium of subdivisions and pull the map; when the moratorium is lifted the applicant has 120 days to proceed with map approval. Mr. Henderson suggested Council direct staff to obtain language for the bond act and bring it back for further discussion; Council concurred. C-2 TRAVEL AUTHORIZATION FOR HARBOR DIRECTOR TO TRAVEL WITH MAYOR TO WASHINGTON D.C. TO SEEK FUNDING FOR HARBOR ENTRANCE IMPROVEMENT PROJECT Harbor Director Rick Algert reviewed the benefit of City representation in Washington D.C. to seek funding for the Harbor Entrance Improvement Project. Councilmember Mullen stated the City should cover the per diem costs for Mr. Algert. Councilmember Luna agreed with Councilmember Mullen and asked if Mayor Yates' costs could be covered as well? • Councilmember Unger asked if Council has funds for travel expense? Mr. Algert stated there is $35,000 in the Harbor Entrance Improvement Project reserve account. MOTION: Councilmember Mullen moved to approve travel expenses for Harbor Director Rick Algert and Mayor Yates from the Harbor Entrance Improvement Project reserve account. The motion was seconded by Councilmember Unger. Councilmember Crotzer stated this is not a total solution to the problem of the danger to the harbor entrance. He asked if Mr. Algert and Mayor Yates can lobby strongly for this in light of the fact that it might have a marginal effect and it creates a need for perpetual service on the part of the Army Corp of Engineers? Mr. Algert responded the costs have been considered, but there are benefits to be obtained in this endeavor. Councilmember Mullen stated this is a good lobby opportunity based on the City's ongoing harbor dredging and the contacts that can be made. Mayor Yates stated this is a great opportunity to improve the harbor entrance. The motion was unanimously carried. (5-0) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, 1993 PAGE 8 . C-3 CONSIDERATION OF FORMING A MORRO BAY MUNICIPAL CODE AD HOC Mayor Yates reviewed the formation of an ad -hoc committee to review the Morro Bay Municipal Code. Councilmember Mullen stated the by-laws should be basic and suggested two Councilmembers be appointed to review the by-laws. Councilmember Mullen and Councilmember Unger volunteered to serve as Council representatives to review the by-laws of the ad -hoc committee. Mr. Henderson stated as the committee reviews the code and questions come up, the staff member who is most familiar with that section will assist the committee. MOTION: Mayor Yates moved to appoint Councilmember Mullen and Councilmember Unger to serve as a sub -committee to the ad -hoc committee appointed to review the Morro Bay Municipal Code. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) C-4 COUNCILMEMBER REQUEST TO DISCUSS RESCHEDULING OF CITY COUNCIL MEETING TIME • Councilmember Unger reviewed her request to reschedule Council meetings due to her working schedule. Councilmember Crotzer stated he was not in support of changing the adjournment time. Councilmember Mullen suggested holding the Closed Session at the end of Council meetings. Mayor Yates stated Council needs to be clear on the topics in Closed Session so he does not support holding Closed Session at the end of the meeting. Councilmember Luna suggested starting Closed Session at 5:30 p.m. and Council meetings at 6:15 p.m. Councilmember Crotzer stated perhaps Councilmember Unger could be briefed when she arrives at the Closed Session meeting. City Administrator Forrest Henderson suggested holding Closed Session on separate days, perhaps once a month, in order to spend quality time on the items. Councilmember Luna stated his schedule will not permit for an extra meeting. David Hunt stated comprehension would best be served if a meeting is held without time constraints. CJ MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH S, 1993 PAGE 9 • Councilmember Mullen suggested staying with the current agenda and schedule extra meetings as needed. No action was taken on this item. D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 COLLECTION OF DELINQUENT SOLID WASTE CHARGES THROUGH PROPERTY LIEN PROGRAM Public Works Director Jon Crawford reviewed the proposal to collect delinquent solid waste charges through a property lien program. Mr. Crawford recommended Council direct staff to continue monitoring delinquent residential solid waste collection charges owed to Morro Bay Garbage Service, and also to direct staff not to pursue the collection of such delinquent charges through a property lien program. Councilmember Luna stated a legal opinion by former City Attorney Mike LeSage was that the City could not impose property liens for this purpose. Mr. Crawford responded the lien process can be utilized through a collection process. He recommended under the current contract that Morro Bay Garbage utilize every effort to collect on their own. • Councilmember Crotzer asked about consolidating the City utility bill with the garbage bill? Mike Upton responded based on past history, consolidation of these bills would create a lot of confusion. Councilmember Crotzer asked if it is worth staff time to pursue this program? Mr. Crawford responded no. Councilmember Mullen asked Mr. Crawford if the delinquent bills may be people who do not use the service? Mr. Crawford responded he knew of one person who did not use the service. Councilmember Mullen asked David Hunt to clarify the lien process for citizens who do not use the garbage service. Mr. Hunt responded the lien process would do away with mandatory garbage service, as well as cause the potential for discriminatory allegations. Councilmember Unger asked why the City is being involved in this property lien process? Mike Upton responded it came before the Solid Waste Management Board by the previous owner of Morro Bay Garbage. Mayor Yates opened the hearing for public comment. Mary Phillips, 2645 Ironwood Avenue, stated if a person pays for their water and sewer bill, and states they do not use garbage service then it cannot be collected. r] MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, 1993 PAGE 10 • Ann Freeman, 785 Cabrillo Place, stated her objection to the proposed property lien program. She said a level garbage fee for all would be the only equitable way to pursue this. Tom Martin, Controller of Morro Bay Garbage Service, stated the City of San Luis Obispo did not want to deal with garbage billing when the three-tier billing came up. Councilmember Mullen asked how the garbage collectors know who pays their bills? Mr. Martin responded the trucks have rolodex files stating who has or has not paid. Roger Ewing stated his objection to the proposed property lien program because it would be costly to the City. Mayor Yates closed the hearing for public comment. MOTION: Mayor Yates moved to direct staff to continue monitoring delinquent residential solid waste collection charges owed to Morro Bay Garbage Service; and direct staff not to pursue or expend effort or funds towards collection of such delinquent charges through a property lien program. The motion was seconded by Councilmember Luna. Councilmember Mullen stated meadetery-elaibege--ealteetii�xr-ahea}el • be-diseentinued-se-people-will-ehenge-their-habits-and-there-Nil} be_one_itee<}_4rn�_gari�age--ee}}eetien she strongly believes by working with AB939 and reducing garbage overall that within a five to ten year period hopefully the mandatory garbage requirement will go away in totality and people will have changed their habits so significantly that we won't have to worry about garbage collection. Councilmember Unger called for the question. The motion was unanimously carried. (5-0) Mayor Yates called for a break at 7:50 p.m.; the meeting resumed at 8:00 p.m. D-2 INTRODUCTORY WORKSHOP AND PUBLIC HEARING FOR DRAFT CITY SOURCE REDUCTION AND RECYCLING ELEMENT Mike Upton, Administrative Assistant for the Public Works Department, briefly reviewed the Draft City Source Reduction and Recycling Element (SRRE) and recommended Council receive the presentation from Steve DeVencenzi of the San Luis Obispo Council of Governments (SLOCOG), conduct a public hearing, and provide comments as appropriate. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, 1993 PAGE 11 • Mr. DeVencenzi stated the SRRE was prepared pursuant to AB 939 and related regulations promulgated by the California Integrated Waste Management Board. He reviewed the three volumes which consisted of Volume One - Basic waste diversion plan including required components for source reduction, recycling, composting, disposal facility capacity, education and public information, funding, and special waste; Volume Two - Technical and background information supporting Volume One as required by AB 939 and related regulations; and Volume Three - Solid waste generation study. Mr. DeVencenzi stated the next phase of the AB 939 planning process to be completed under the guidance of SLOCOG is to solicit Requests for Proposals to prepare the state -mandated County -wide Siting Element and Non -Disposal Facility Element. This not expected to occur until early 1994. Councilmember Mullen asked Mr. DeVencenzi to describe the functions of the Material Recovery Facility (MRF). Mr. DeVencenzi responded the process begins with the consumer who separates their recyclables into separate bags, the MRF then sorts and distributes the bags. He said they propose to maintain a two- tier system wherein Morro Bay would maintain its franchising authority. . Mr. DeVencenzi reviewed Part Two of the Draft City Source Reduction and Recycling Element which involved the source reduction programs such as Local Government Programs; Technical Assistance, Education, and Promotion; Regulatory Programs; Economic Incentives; and Rate Structure Modifications. Councilmember Crotzer stated a larger agency should be involved in the research of the exploitation of natural resources instead of relying on the local agencies. Mayor Yates asked what will happen to garbage bills? Mr. DeVencenzi responded they will go up, however it will cause people to be more conscious of recycling. Councilmember Luna asked if the costs involved cover overhead management? Mr. DeVencenzi responded affirmative. Councilmember Mullen asked how much money is available from tipping fees for implementation? Mr. DeVencenzi responded by the end of the budget year, approximately $500,000 - $600,000 will be available. Councilmember Mullen stated the term "transformation" instead of "burning" is deceiving for those who do not know what is involved. • Mayor Yates opened the hearing for public comment. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, 1993 PAGE 12 Mary Phillips stated the federal government should provide a recycling center. She said Morro Bay is behind the times in recycling. B. Rohan expressed her concern of people who use public dumpsters for dumping their garbage. She said there are recycling centers in front of Giant Food and Williams Bros. that collect glass, plastic and aluminum. Mayor Yates closed the hearing for public comment. Councilmember Mullen asked what the regional level time -frame is on the composting program? Mr. DeVencenzi responded currently they are researching smaller scale operations that involve chipping and mulching; the state is addressing regulations for composting facilities. No action was taken on this item. D-3 DRAFT JOINT POWERS AGREEMENT TO FORM PROPOSED REGIONAL INTEGRATED WASTE MANAGEMENT AGENCY Mike Upton, Administrative Assistant for the Public Works Department, reviewed the Draft Joint Powers Agreement to form a • proposed regional integrated waste management agency. Mr. Upton recommended Council receive the presentation from Steve DeVencenzi of the San Luis Obispo Council of Governments (SLOCOG), conduct a public hearing, and provide comments as appropriate. Mr. DeVencenzi stated the Draft Source Reduction and Recycling Element prepared pursuant to the California Integrated Solid Waste Management Act of 1989 (AB 939) for the County of San Luis Obispo and its cities includes formation of a Regional Integrated Waste Management Agency (RIWMA). The purpose of the proposed RIWMA is to implement the regional aspects of AB 939 and provide technical assistance to local agencies, thereby maximizing coordination, integration, economies of scale, and cost- effectiveness. Mr. DeVencenzi stated last year, all SLOCOG member agencies conceptually approved the formation of the proposed RIWMA through a Joint Powers Agreement (JPA). He said the Preliminary Draft JPA envisions a SLOCOG-like organizational structure. Councilmember Luna stated a 12-member board might have a problem in voting. Mr DeVencenzi responded SLOCOG and SLORTA currently have a 12-member board comprised of one representative from each city and the five Board of Supervisors. He said when a vote is • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, 1993 PAGE 13 • tied, there is no action, and they have to restructure their motion. Mr. DeVencenzi stated there is a provision within the joint powers agreement that is called the "super vote" which requires eight members to vote in the affirmative. Councilmember Luna expressed concern that the Board of Supervisors may have an advantageous voting block. Councilmember Luna referred to Section 7.6 (Committees) of the JPA agreement. His concern is the authority of the President to appoint ad -hoc committee members. Councilmember Luna referred to Section 8.5 (Quorum and Voting) of the JPA agreement. He said reference should be made to Roberts Rules of Order. Councilmember Luna stated the sentence "However, eight affirmative votes shall be required for taking any action in the event any agency demands such a vote" seems vague. He said there is a need for special voting requirements for issues of great importance. Councilmember Crotzer stated the requirement of eight affirmative votes contradicts a quorum. Councilmember Unger asked if the County Board of Supervisors are the representatives for the unincorporated areas? Mr. DeVencenzi • responded affirmative. Councilmember Luna stated a mechanism is needed for dispute resolution. Mayor Yates opened the hearing for public comment; there was no public comment and Mayor Yates closed the hearing. City Attorney David Hunt asked what is the purpose of the super vote? Mr. DeVencenzi stated that the various cities asked for the super vote provision based on the concern of the Board of Supervisors dominating vote. Councilmember Luna referred to Section 9 (Joint Operating Fund and Contributions) of the JPA Agreement. His concern is it gives no mechanisms that states if the President, the Controller and Manager are authorized to expend revenues up to a certain amount, expenditures above and beyond that amount would require confirmation and consensus by the board. Councilmember Luna also asked that the term "If deemed necessary" be clarified "by whom". Councilmember Mullen stated it is important to implement the JPA Agreement in order to move forward with the Source Reduction and Recycling Element. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH S, 1993 PAGE 14 • Councilmember Luna asked if the eight affirmative votes can be demanded after a vote has been taken or before a motion is made? Mr. DeVencenzi stated he believes it would take place when the question is called. Mr. Luna recommended that language be added to the JPA. F. ADJOURNMENT MOTION: Councilmember Unger moved to adjourn the meeting. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) The meeting adjourned at 10:36 p.m. Recorded by: 4 "6'"' BRIDGETT DAVIS Deputy City Clerk n �J r � U Le IR I3 • NOT 2 C E O F SPEC = AL MEET = NG NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to meet with department heads for a team building retreat on Saturday, March 6, 1993 at 8:30 a.m. to be held at the Inn at Morro Bay, State Park Road, Morro Bay, California. DATED: March 4, 1993 WILLIAM YATES, Ma r City of Morro Bay, California • 0 ��.. 2, 1g93 6 NOT 2 C E OF SPEC = AL MEET = NG NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held Tuesday, March 2, 1993 at 7:00 p.m. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California. Council will immediately adjourn to Closed Session to consider the following: GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION ♦ CITY OF MORRO BAY V. CALIFORNIA COASTAL COMMISSION, CASE NOS. 120512 AND 121637, SANTA CRUZ COUNTY SUPERIOR COURT ♦ CAYUCOS SANITARY DISTRICT V CITY OF MORRO BAY, CASE NO. 2 CIVIL B067184, PENDING IN THE COURT OF APPEAL FOR THE STATE OF CALIFORNIA, SECOND APPELLATE DISTRICT; AND, CAYUCOS SANITARY DISTRICT • V. CALIFORNIA COASTAL COMMISSION, CASE NO. 17030, SAN LUIS OBISPO SUPERIOR COURT Council will adjourn to an open meeting with the Cayucos Sanitary District located at the Cayucos Fire Station, 201 Cayucos Drive, Cayucos, California, to conduct a Morro Bay/Cayucos Sanitary District Joint Powers Authority Meeting. DATED: March 1, 1993 WILLIAM YATES, Z yor City of Morro Bay, California n m W z c a a City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. ADJOURNED REGULAR MEETING - FEBRUARY 24, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE LIGHTEN UP -- -- PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. IV CLARATION OF FUTURE AGENDAE (CITY COUNCIL) A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 PROCLAMATION DECLARING MARCH 20, 1993 AS ARBOR DAY IN MORRO BAY AND INVITING PUBLIC TO ARBOR DAY PLANTING AT BAYSHORE BLUFFS PARK NONE C. NEW BUSINESS C-1 CONSIDERATION OF FORMING A MORRO BAY MUNICIPAL CODE AD HOC COMMITTEE C-2 SET DATE FOR JOINT MEETING WITH WATER ADVISORY BOARD C-3 SET DATE FOR JOINT MEETING WITH RECREATION -1 ORDINANCE AMENDING CHAPTER 5.32 OF THE MORRO BAY MUNICIPAL CODE, MOBILEHOME AND RECREATIONAL VEHICLE PARK RENT STABILIZATION (INTRODUCTION/FIRST READING) Z 0 L l y 1 0-2 REVIEW REVISIONS OF ORDINANCE NO. 427 - VESSEL HABITATION D-3 RESOLUTION OF NON -CONFORMING MOORING OF SANDAL MAKARA D-4 RETROACTIVE IMPLEMENTATION OF RECENT CHANGES IN WATER AND SEWER AVAILABILITY CHARGES F. ADJOURNMENT • COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. ON Cl • • City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION - FEBRUARY 22, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE 54956.9(B)(1), POTENTIAL LITIGATION GOVERNMENT CODE §54957, PERSONNEL E-2 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION ♦ CITY OF MORRO BAY V CALIFORNIA COASTAL COMMISSION, CASE NOS. 120512 AND 121637, SANTA CRUZ COUNTY SUPERIOR COURT ♦ CAYUCOS SANITARY DISTRICT V CITY OF MORRO BAY, CASE NO. 2 CIVIL B067184, PENDING IN THE COURT OF APPEAL FOR THE STATE OF CALIFORNIA, SECOND APPELLATE DISTRICT; AND, CAYUCOS SANITARY DISTRICT V. CALIFORNIA COASTAL COMMISSION, CASE NO. 17030, SAN LUIS OBISPO SUPERIOR COURT E-3 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION • ♦ DAVID A NORTON V GARY A NAPPER ET AL CV 90-6301 JGD (Bx) FEDERAL DISTRICT COURT E-4 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION ♦ WILLIAMS BROS, MARKETS, INC. ET AL. V. CITY OF MORRO BAY ET AL, CASE NO. 69397, SAN LUIS OBISPO SUPERIOR COURT ♦ VOTERS INITIATIVE COMMITTEE V. CITY OF MORRO BAY, CASE NO. 71138, SAN LUIS OBISPO SUPERIOR COURT ♦ ROBERT LANE V. SHEETZ, ETAL, CASE NO. 71562, SAN LUIS OBISPO SUPERIOR COURT E-5 GOVERNMENT CODE 54956.9(B)(1), POTENTIAL LITIGATION REGULAR MEETING - FEBRUARY 22, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE LIGHTEN UP PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Dection D) may do so at this time. When recognized by the Mayor, please ome forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. 4ECLARATION OF FUTURE AGENDA ITEMS (CITY COUNCIL) A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES OF JANUARY 21, 1993 AND JANUARY 25, 1993 A-2 STATEMENT OF CASH AND INVESTMENTS - JANUARY 1993 A-3 STATEMENT OF EXPENDITURES - JANUARY 1993 A-4 WATER STATUS REPORT - JANUARY 1993 A-5 APPROVAL OF ALTA MORRO FINAL MAP; TRACT MAP NO. 2051 B. UNFINISHED BUSINESS B-1 MID -YEAR BUDGET REVIEW B-2 CONSIDERATION OF REVISING AGENDA PROCESS C. NEW BUSINESS •one D. PUBLIC HEARINGS REPORTS & APPEARANCES D-1 CONSIDERATION OF AMENDMENT REPEAL OF ORDINANCE NO. 395, RETROFIT UPON SALE OR TRANSFER OF PROPERTY D-2 REQUEST FOR DIRECTION ON DESIGN CHANGES - CHORRO VALLEY PIPELINE (STATE WATER PROJECT) D-3 APPROVAL OF RESERVATION AGREEMENT WITH SAN LUIS OBISPO COUNTY FLOOD CONTROL DISTRICT - NACIMIENTO PROJECT D-4 REQUEST FOR FUNDING COMMITMENT - SOUTH BAY BOULEVARD IMPROVEMENTS COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. 2 • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - FEBRUARY 22, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:20 p.m. PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Forrest Henderson City Administrator David Hunt Int. City Attorney E. CLOSED SESSION MOTION: Councilmember Luna moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. • The meeting adjourned to Closed Session at 5:21 p.m. and returned to regular session at 5:55 p.m. F. ADJOURNMENT MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) The meeting adjourned at 5:55 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:05 p.m. ROLL CALL PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember • Ahnawake Unger Councilmember • • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1993 Page 2 ABSENT: None STAFF: Forrest Henderson David Hunt Jon Crawford Bridgett Davis Don Funk Rudy Hernandez Mayor Yates made the following announcements: City Administrator Int. City Attorney Public Works Dir. Deputy City Clerk Comm. Dev. Dir. Finance Director 1. The City's settlement with City Attorney Judy Skousen; and 2. There has been no resolution with Tri-W regarding the agreement to drop all legal action. Horace Strong led the Pledge of Allegiance. LIGHTEN UP Mayor Yates introduced Tom Wuriu who told the story of a young attorney trying to succeed in business. PUBLIC COMMENT Ron Hillman stated he would like to have a bowling alley in Morro Bay. Jennie Thawley expressed her concern of the Bay Keeper reckage polluting the bay. Ed McCracken addressed the danger of the Surf and Main Street intersection. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Luna requested the discussion of painting the aggregate trash containers in the downtown area be agendized. Councilmember Unger requested the discussion of City meeting times be agendized. A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES OF JANUARY 21. 1993 AND JANUARY 25. The minutes of January 21, 1993 were pulled for clarification. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1993 Page 3 • MOTION: Councilmember Mullen moved the minutes of January 21, 1993 return to staff for clarification. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-2 STATEMENT OF CASH AND INVESTMENTS - JANUARY 1993 Mr. Henderson recommended the Council approve the Statement of Cash and Investments as submitted. A-3 STATEMENT OF EXPENDITURES - JANUARY 1993 Mr. Henderson recommended the Council approve the Statement of Expenditures as submitted. A-4 WATER STATUS REPORT - JANUARY 1993 Mr. Henderson recommended the Council receive this report for information and file. A-5 APPROVAL OF ALTA MORRO FINAL MAP; TRACT MAP NO 2051 Mr. Henderson recommended the Council approve the final map for Tract No. 2051 and adopt Resolution No. 15-93. . MOTION: Councilmember Mullen moved for approval of the Consent Calendar with the exception of the January 21, 1993 minutes. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) B. U @A:1 City Administrator Forrest Henderson reviewed the mid -year budget report and recommended Council direct staff to utilize the General Fund balance to offset the General Fund expenditures. He also recommended staff be directed to curtail any General Fund capital projects for the remainder of the fiscal year, and curtail budget expenditures to those necessary for City operations. Councilmember Mullen asked if the Planning Commission will have the opportunity to allocate the balance of their budget to be used for travel expense since they only spent 43% of their budget for the first half of the year? Mr. Henderson responded this has not been past practice; however, training and travel expense funds are being recommended to be allocated into the budget for the next fiscal year. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1993 Page 4 • Councilmember Luna suggested prioritizing the type of training employees should attend. Mr. Henderson mentioned that will be in the departmental justification in the upcoming budget. Mayor Yates asked for clarification on the water operating fund, referring specifically to the desalination plant financing. Councilmember Mullen responded the first payment of $535,000 is due by the end of this year which was budgeted through water fees. Mayor Yates asked if the desalination plant is paid with cash from the General Fund. Finance Director Rudy Hernandez responded the money was advanced from the General Fund and the City is seeking a loan to reimburse that money. Councilmember Mullen stated the Council did not authorize this payment from the General Fund. Mr. Hernandez stated he will research the matter. Councilmember Unger asked for clarification on the General Fund process. Mr. Henderson stated revenues are slightly ahead of expenditures; however, capital projects should be postponed to maintain its balance. Councilmember Unger asked if the City is in the process of securing the 3.8 million dollar loan? Mr. Hernandez responded affirmative. Councilmember Unger asked when the money is received, will it be used to pay off the desalination plant or will it be paid in increments of $525,000 per year? Councilmember Mullen responded it will go back into the General Fund. • Mayor Yates asked how water bills will be affected once the City receives the 3.8 million dollar loan? Public Works Director Jon Crawford responded $535,000 will be due as debt service out of the water fund once the loan is obtained; the loan is being held up due to the current Cayucos Sanitary District/Morro Bay lawsuits. Mr. Crawford stated water rate increases of 1-3% have been taken in account in past increases to cover the debt service. Councilmember Unger recommended staff prepare a quarterly budget plan which provides a spread sheet. Mr. Henderson responded the quarterly budget plan is being considered by staff. Councilmember Crotzer asked staff if the proposed quarterly budget plan will be presented as a statement? Mr. Hernandez responded it will be presented as a status report. Councilmember Luna asked staff if the San Bernardo Dam Study has been completed? Mr. Crawford responded the final report has been received and the final invoice needs to be paid. Councilmember Mullen recommended capital projects be divided into short-term and long-term categories. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1993 Page 5 • Mayor Yates asked for clarification on the corporate yard funds? Mr. Crawford responded those funds rely on the outcome of the desalination plant. He said some improvements will come out of the General Fund. Councilmember Luna stated if Council takes the position not to allocate funds for capital projects, staff should return to Council with specific capital project requests if necessary. Mr. Henderson stated he will monitor the monthly budget reports and report back to Council for authorization. Councilmember Mullen stated capital projects currently in progress should be allocated. Councilmember Luna stated an analysis breakdown showing what is in progress would be helpful. Councilmember Unger asked Mr. Crawford for clarification on the Desal II Project. Mr. Crawford responded the Desal II Project is a continuance of expenditures on the desalination plant which will be covered under the full financing costs. Councilmember Crotzer stated the Council budgeted $115,000 for the Water Management Plan which comes out of the Water Reclamation and San Bernardo Dam funds. Councilmember Mullen stated staff needs to re -enforce communication with Council and make them aware of General Fund expenditures. • Councilmember Unger stated she does not want to see cost over- runs. Mr. Henderson stated the quarterly status report will work as a tool of communication between staff and Council; anything that comes up between the reports will be brought to Council. MOTION: Councilmember Luna moved to accept the Mid -Year Budget Report as submitted. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) B-2 CONSIDERATION OF REVISING AGENDA PROCESS Mayor Yates reviewed his request to streamline the preparation of the agenda which includes the deletion of the agenda summary; the authority to restrict the number of items continued "to the next meeting"; and Declaration of Future Agenda Items to include Councilmembers' Discussion and Reports. Councilmember Mullen stated she supports the deletion of the agenda summary. She said Council should have the flexibility to review the agenda items and their placement on the agenda. Councilmember Crotzer stated later meetings may be required to facilitate all of the issues. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1993 Page 6 Mr. Henderson stated a tracking schedule can be prepared for Council's review. Councilmember Mullen stated Councilmembers' Discussion and Reports should be placed after public hearings, and place Mayor's Announcements after the Pledge of Allegiance. Councilmember Luna stated he has a concern with the discussion of an item after public hearings due to the lack of public interest at that time of night. City Attorney David Hunt stated a discussion on an unagendized item can violate the Brown Act. He said he would like to review the Brown Act more closely and make a recommendation at a later date on this issue. Councilmember Unger stated she supports the deletion of the agenda summary, and adding Mayor's Announcements after Lighten Up. MOTION: Councilmember Mullen moved to place Councilmembers' Reports after Public Hearings are heard. The motion was seconded by Councilmember Unger and carried with Councilmember Luna voting no. (4-1) • None Community Development Director Don Funk reviewed two options to Ordinance No. 395 which Council requested at their January 25, 1993 meeting. One option repeals the requirement to retrofit upon sale for all uses; the second option eliminates the requirements for retrofit upon sale for all uses except residential. Councilmember Mullen asked for clarification on the administrative recordkeeping of retrofitted structures. Mr. Funk responded records are currently maintained; it will not require any further administrative burden to continue the records. Councilmember Crotzer asked if these records could be stored on data base? Mr. Funk stated it would streamline the process. Councilmember Unger stated if the City is dedicated to water conservation and reclamation, the retrofit program should remain intact. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1993 Page 7 • Councilmember Luna asked for clarification on the 3-1 ratio; Mr. Funk responded it is an incentive to do residential retrofitting rather than commercial retrofitting. Councilmember Unger asked Mr. Funk if there is a revenue impact with the retrofit program? Mr. Funk responded there is no impact because applicants pay their fees upon submittal of their application. Mayor Yates opened the hearing for public comment. Peter Smith, General Manager of the Inn at Morro Bay, stated the transfer of water equivalency units is an incentive for buyers who anticipate making improvements to a hotel. Charles Palmer stated the City needs to review the water savings through the retrofit program. Ann Freeman, 785 Cabrillo and member of the Water Advisory Board, stated the Water Advisory Board reviewed the issues and recommended: 1) all retrofits take place before escrow is started; and 2) the ordinance be written to maintain water equivalency units on -site. Ms. Freeman asked Council to consider these issues. • Mayor Yates closed the hearing for public comment. MOTION: Councilmember Luna moved staff bring back Ordinance No. 395 with the amendment to allow on -site banking of water through on -site retrofitting. Councilmember Mullen recommended an amendment to the motion to create a new ordinance modifying the code which will allow banking of water on -site. Councilmember Luna amended his motion to direct staff to return with a new ordinance modifying the code to allow banking of water on -site. The motion was seconded by Councilmember Crotzer. Mayor Yates stated he believes water equivalencies should be transferable. Councilmember Mullen responded the ability to transfer water equivalencies from one property to another creates a commodity. Councilmember Crotzer stated the Water Advisory Board should be involved in the review of this issue. Councilmember Luna stated the Water Advisory Board has recommended Council not allow the transfer of water equivalencies between properties. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1993 Page 8 • Councilmember Mullen stated if transferable, a property owner equivalencies from a business to create the loss of business' based water equivalencies become can transfer the water build a residence which will on the loss of water. Councilmember Luna called for the question. The motion passed with Mayor Yates voting no. (4-1) Mayor Yates called for a recess at 7:55 p.m. The meeting resumed at 8:05 p.m. D-2 REQUEST FOR DIRECTION ON DESIGN CHANGES - CHORRO VALLEY PIPELINE (STATE WATER PROJECT) Public Works Director Jon Crawford reviewed the staff report stating a 16-inch pipeline should be retained as it gives the City more flexibility for water delivery. Mr. Crawford recommended Council direct staff to inform the County of San Luis Obispo Flood Control and Water Conservation District of the desired pipeline size for the delivery of state water along the Chorro Valley to the City of Morro Bay. Councilmember Mullen asked for clarification on peaking capacity. Mr. Crawford responded peaking capacity is not fully addressed in • the current agreement but is a long-range plan with potential changes to provide what is necessary through the pipeline. Mr. Crawford stated the higher flow -rate creates more pressure which puts more wear and tear on the line. 11 Mayor Yates asked if staff has considered the possibility of selling water to Cayucos or Los Osos? Mr. Crawford responded he spoke with a person from the Los Osos Chamber of Commerce about purchasing a piece of the line in the future which would decrease the City's initial investment. Mayor Yates stated this would support obtaining a 16" line. Councilmember Unger asked if the to the line from Whale Rock? Councilmember Unger asked who is Crawford responded County Flood project. new pipeline will run parallel Mr. Crawford maintaining the Control is in responded no. easements? Mr. charge of this Councilmember Luna asked if the other agencies in the area have made a determination to go with the 16-inch pipeline? Mr. Crawford responded he has not talked with other agencies yet. Councilmember Luna asked if the cost figures presented to Council represent sole participation for the 16-inch pipeline? Mr. Crawford responded the figures represent sole participation of the City, and it is for the pipeline from the Men's Colony to Morro Bay. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1993 Page 9 Mayor Yates opened the hearing for public comment. Clinton Milne, San Luis Obispo County Engineer, stated the agreement the County Flood Control Water Conservation District has with the State is there will be no peaking in the Coastal Branch of the State Water Project. Mr. Milne stated it would be more feasible to take some of the energy out of the water and sell it to other agencies through a larger pipeline. Charles Palmer reviewed his letter to Council dated February 17, 1993 addressing water and pipeline size issues. Mayor Yates closed the hearing for public comment. Councilmember Mullen stated her support of obtaining a 16-inch pipeline noting the additional $475,000 will hopefully be covered by the contingency already existing for the $11 million bond sale and with the potential for future uses. MOTION: Councilmember Mullen moved to support staff to direct San Luis Obispo County Flood Control and Water Conservation District to design the Chorro Valley Pipeline as a 16" pipeline. The motion was seconded by Councilmember Luna. isCouncilmember Crotzer addressed the City's projected growth and the water needed at that time. He asked what will happen if the City receives more water than it can use? Mr. Crawford responded the City's commitment is to pay for the delivery of 1,313 acre feet; a consideration of excess water would be to market it to other agencies. Councilmember Crotzer asked if the City could lose their well rights? Mr. Crawford responded the City intends to fully utilize the wells to the greatest extent possible because it is the cheapest form of water; however, the usage may be cut back due to some problems with water quality. Councilmember Mullen stated the 16-inch pipeline will give the City the capacity to tap into the Nacimiento Project which will be needed because groundwater will become obsolete in the future. Councilmember Luna stated the 16-inch pipeline is a wise decision in looking towards the future. The motion carried with Councilmember Unger voting no. (4-1) D-3 APPROVAL OF RESERVATION AGREEMENT WITH SAN LUIS OBISPO COUNTY FLOOD CONTROL DISTRICT - NACIMIENTO PROJECT Public Works Director Jon Crawford reviewed the Reservation Agreement for the Nacimiento Project. Mr. Crawford recommended Council receive the recommendation of the Water Advisory Board to MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1993 Page 10 . approve the Reservation Agreement for the Nacimiento Project with a proposed City subscription rate of 1,895 acre-feet per year and authorize the Mayor to sign the agreement. Councilmember Luna asked if the district will have the authority to allocate the amount of water the City receives that will meet the needs called for in the General Plan? Mr. Crawford responded the district has the sole discretion to mitigate how much water is released. Councilmember Luna asked about the payment plan for this project? City Attorney David Hunt responded when the costs are incurred by the district they can ask the City to pay those costs over and above the 25% on a monthly billing cycle. Councilmember Mullen asked how the City will pay for this project? Mr. Crawford responded there is a $30,000 contingency within the water fund which he is considering. Councilmember Mullen and Mayor Yates agreed the funding for this project needs to be clear. Mayor Yates opened the hearing for public comment. Clinton Milne, San Luis Obispo County Engineer, stated Monterey County is the ultimate authority of the Nacimiento Project. Mr. Milne reviewed the various planning phases of the project; and stated the communities involved should use their general plans to • plan for a 25-year planning period. Mr. Milne said if Morro Bay participates in this project, they should send an annual report to the State Water Resource Control Board on how much Nacimiento water will be used in -lieu of pumping ground water which will meet the provision in the Water Code that protects ground water rights. Councilmember Luna referred to page two (#6) of the agreement stating the City has subscribed to 1,313 acre-feet of state water, along with 1,895 acre-feet of Nacimiento water, which will far exceed the necessary amount of water for Morro Bay to implement the provisions of the General Plan. He expressed his concern that this language may limit the amount of water Morro Bay receives from Nacimiento. Mr. Milne responded the Board of Supervisors will ultimately be deciding how to distribute Nacimiento water. Bud Laurent, County Supervisor, suggested instead of subscribing to 100% delivery of state water, Morro Bay should subscribe to an average delivery of state water (50%) and base the rest of the community's water needs around Nacimiento water. Mayor Yates closed the hearing for public comment. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1993 Page 11 • Councilmember Luna asked how much water the City will be needing on an annual basis in 25 years based on the provisions of the General Plan? Mr. Crawford responded approximately 3,000-3,200 acre-feet with summer peaks in mind. Councilmember Mullen stated with the estimated population of 14,500 by the year 2020, and receiving 600-700 acre-feet of state water with no ground water use, the City will need 1,500-1,800 acre-feet of water from another source. MOTION: Councilmember Mullen moved to participate in the Nacimiento Project with a proposed City subscription of 1,895 acre-feet per year based on the potential lack of the use of groundwater and the unreliability of state water; and authorize the Mayor to sign the Reservation Agreement. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Public works Director Jon Crawford reviewed the request for the potential improvements to South Bay Boulevard and Twin Bridges. Mr. Crawford recommended at the conclusion of the public hearing, Council adopt Resolution No. 16-93 and direct staff to forward • communications to San Luis Obispo County, California Department of Transportation, and the U.S. Federal Highway Administration. Mayor Yates asked if grant monies are available for this project? Mr. Crawford responded SB300 funds might be available, and PG&E could be asked to contribute based on South Bay Boulevard being an evacuation route. Mr. Crawford said if Proposition 116 funds are available he would like to move forward as soon as possible. To do this, a final commitment on the location of the Twin Bridges Project and final grade to provide an adequate tie-in is needed. Councilmember Mullen asked if it is possible to move the bridge 100 feet over to get it out of the current alignment? Mr. Crawford responded Cal Trans might not fund a bridge that is not in the existing location. Councilmember Luna asked if the funding approved by the San Luis Obispo Council of Governments is specifically for bicycle lanes? Mr. Crawford responded the funding is for a bicycle lane project; however, within the scope of that project is an overlay in raising the roadway to pull the bicycle lanes out of the flood zone. Councilmember Crotzer stated it is important to inform Cal Trans and the County that Morro Bay is serious about this project and • wants to move forward as soon as possible because it is a route MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1993 Page 12 • used by many people. Councilmember Crotzer said using bicycle lane funds to leverage this project is a good idea as long as it is clear the bal-anee equivalent of that money will be used for bicycle lanes in the future. Councilmember Mullen asked if the $300,000 is not used for South Bay Boulevard improvements, does the excess go back to San Luis Obispo Council of Governments to reallocate the funds? Mr. Crawford responded when the actual project comes back for approval, it will be specific as to where the funds are being utilized and the ability to expand the scope of the existing project. Mayor Yates opened the hearing for public comment. Ron Hillman asked if a pontoon bridge has been proposed? Councilmember Mullen referred Mr. Hillman to the environmental impact report which examines all alternatives for environmental projects such as this. Clinton Milne, County Engineer, stated a vote in favor of this project will allow the County to move forward. Bud Laurent, County Supervisor, stated the history of this project is that this is Morro Bay property; however, several • years ago the County and the City of Morro Bay agreed to do a joint project with the County appointed as the agency. Mr. Laurent said PG&E is interested in assisting the project by off- setting environmental mitigation costs which will also be a part of the total budget. He said the size of the bridge is important for economic and safety purposes. Mr. Laurent addressed concerns with the portion of Resolution No. 16-93 relating to funding sources, stating the resolution limits the City to only two funding sources; he suggested the Council consider committing to the project for a certain amount of money without limiting the funding sources. Carter Sates Gage stated South Bay Boulevard is an evacuation route shared by two communities, as well as a road that provides access for emergency vehicles. Ron Hillman stated emergency vehicles are able to cross Twin Bridges with no problem. Mayor Yates closed the hearing for public comment. MOTION: Councilmember Luna moved to approve Resolution No. 16- 93 with the deletion of the reference to the funding mechanisms. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1993 Page 13 • Councilmember Mullen recommended an amendment to Resolution No. 16-93 to read "NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby place the South Bay Boulevard Overlay and Improvement Project into the City Capital Improvement Program. Sources of potential funding include, but are not limited to, a combination of Proposition 116 funds and existing CIP funding." Councilmember Luna accepted the amendment to the motion. The motion was seconded as amended by Councilmember Unger and unanimously carried. (5-0) Mayor Yates stated he would like to address "no man's land" at this time. Mr. Crawford responded a portion of the proposed funding covers "no man's land" which would allow for discussion to take place. Councilmember Mullen asked if the Board of Supervisors would possibly consider taking back the bridge from the City of Morro Bay and moving the property lines? Bud Laurent responded changing the ownership of the bridge would require monitary considerations. Councilmember Luna stated the discussion of "no man's land" should be agendized. E. CLOSED SESSION • MOTION: Councilmember Crotzer moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 10:25 p.m. and returned to regular session at 10:40 p.m. F. MOTION: Councilmember Crotzer moved The motion was seconded by unanimously carried. (5-0) The meeting adjourned at 10:40 p.m. Recorded by: BRIDGE DAVIS Deputy City Clerk the meeting be adjourned. Councilmember Unger and �� • �,.,,.„„ S, i99 � City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION - FEBRUARY 8, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE 554956.9(A), PENDING LITIGATION: ♦ CITY OF MORRO BAY V. CALIFORNIA COASTAL COMMISSION, CASE NOS. 120512 AND 121637, SANTA CRUZ COUNTY SUPERIOR COURT ♦ CAYUCOS SANITARY DISTRICT V. CITY OF MORRO BAY, CASE NO. 2 CIVIL B067184, PENDING IN THE COURT OF APPEAL FOR THE STATE OF CALIFORNIA, SECOND APPELLATE DISTRICT; AND, CAYUCOS SANITARY DISTRICT V. CALIFORNIA COASTAL COMMISSION, CASE NO. 17030, SAN LUIS OBISPO SUPERIOR COURT ♦ JOHNSON ET AL V. CITY OF MORRO BAY ET AL., CONSOLIDATED CASE NO. 69131 E-2 GOVERNMENT CODE 54956.9(B)(1), POTENTIAL LITIGATION GOVERNMENT CODE §54957, PERSONNEL • REGULAR MEETING - FEBRUARY 8, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE LIGHTEN UP PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. pEC AgA21ON OF FUTURE AGENDA ITEMS (CITY COUNCIL) A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CORRECTIONS TO CITY COUNCIL MINUTES OF DECEMBER 9, 1992, DECEMBER 29, • 1992, AND JANUARY 11, 1993; MINUTES OF JANUARY 14, 1993, AND THE REGULAR MEETING MINUTES OF JANUARY 25, 1993. 0-2 SET DATE FOR JOINT MEETING WITH PLANNING COMMISSION A-3 RESOLUTION SETTING WATER AND SEWER AVAILABILITY CHARGES A-4 DESTINATION 2000 COMMITTEE REPORT (RIC DESCHLER) A-5 CLAIM REJECTION - KERRY O'KEEFE B. UNFINISHED BUSINESS B-1 REQUEST FOR TIME EXTENSION FOR PROPOSAL SUBMITTAL - CURBSIDE RECYCLING SERVICES C. NEW BUSINESS C-1 CONSIDERATION OF REVISING AGENDA PROCESS C-2 REVIEW OF STUDY DUPLICATION C-3 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITE 62-62W FROM QASI, INC. TO BRUCE AND KATHY LEWIS C-4 RESOLUTION APPROVING SUB -LEASE AGREEMENT FOR LEASE SITE 91-92W (ANDERSON, LESSEE/VISIONS GALLERY, SUB -LESSEE) 0-5 MID -YEAR BUDGET REVIEW C-6 RESOLUTION OF THE MORRO BAY CITY COUNCIL OPPOSING THE EXCLUSION OF RECREATIONAL USE IN PIEDRAS BLANCAS AS A POTENTIAL SITE FOR AN ECOLOGICAL RESERVE C-7 RESOLUTION URGING SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO UPHOLD ITS FIDUCIARY RESPONSIBILITY TO COUNTY TAX PAYERS CONCERNING STATE WATER PROJECT CONTRACTS D. PUBLIC HEARINGS REPORTS & APPEARANCES D-1 ORDINANCE NO. 426 AMENDING CHAPTER 12.08 AND ADDING CHAPTER 12.09 TO THE MORRO BAY MUNICIPAL CODE PERTAINING TO TREES (INTRODUCTION/FIRST READING) D-2 APPROVAL OF PUBLIC AREA USE PERMITS FOR SPECIAL EVENT IN HARBOR FOR CAL POLY CREW CLUB PRACTICES (ANNUAL PERMIT RENEWAL) AND REGATTA (MARCH 6, 1993) D-3 RESOLUTION APPROVING A REQUEST OF DAMON YOUNGER, C/O KLEINHAMMER, FOR DENSITY BONUS TO ADD A SECOND AFFORDABLE UNIT ON AN EXISTING UNDERSIZED R-2 ZONED PROPERTY LOCATED AT 1215 MORRO AVENUE D-4 HEARING FOR PROPERTY OWNER APPEALS OF PARCEL CHARGES FROM 1992 CITY • WEED ABATEMENT PROGRAM E -5 CONSIDERATION OF AMENDMENT REPEAL OF ORDINANCE NO. 395, RETROFIT UPON SALE OR TRANSFER OF PROPERTY D-6 REQUEST FOR DIRECTION ON DESIGN CHANGES - CHORRO VALLEY PIPELINE (STATE WATER PROJECT) D-7 CONTINUED PUBLIC HEARING ON APPEALS FOR CASE NO. PM 04-92 (VESTING/CDP 43-92); REQUEST FOR A VESTING TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT PERMIT TO SUBDIVIDE ONE EXISTING 177.23 ACRE PARCEL INTO THREE PARCELS OF 17.50 ACRES; 3.18 ACRES; 7.12 ACRES, WITH A REMAINDER PARCEL OF 147.44 ACRES FOR PROPERTY LOCATED AT THE EASTERN TERMINUS OF MORRO BAY BLVD. AT HIGHWAY ONE (MERRILL WILLIAMS, TRI-W ENTERPRISES, APPLICANT; TRI-W ENTERPRISES/ CHRISTINE J. GRANADOS/PETER DIFFLEY, APPELLANTS) ENVIRONMENTAL DETERMINATION: PREVIOUS EIR PREPARED FOR CONCEPT PLAN [CONTINUE TO MAY 10, 19931 F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST S • • 3 0 • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - FEBRUARY 8, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:20 p.m. PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Forrest Henderson City Administrator David Hunt Int. City Attorney E. CLOSED SESSION MOTION: Councilmember Luna moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) . Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 5:20 p.m. and returned to regular session at 5:50 p.m. F. ADJOURNMENT MOTION: Councilmember Luna moved the meeting be adjourned. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember • Susan Mullen Councilmember Ahnawake Unger Councilmember • MINUTES REGULAR PAGE 2 ABSENT: - MORRO BAY CITY COUNCIL MEETING - FEBRUARY 8, 1993 None STAFF: Forrest Henderson David Hunt Rick Algert Jon Crawford Bridgett Davis Don Funk Steve Wolter City Administrator Int. City Attorney Harbor Director Public Works Dir. Deputy City Clerk Comm. Dev. Dir. Rec. & Parks Dir. Mayor Yates asked for all to take a moment of silence. Horace Strong led the Pledge of Allegiance. LIGHTEN UP Mayor Yates introduced Ed McCracken who told a joke regarding a milkman who drove 80 mph with his lights off. PUBLIC COMMENT Paul Donnelly thanked the Council for appointing him to the Streets and Trees Committee. • Ann Freeman, 785 Cabrillo, asked if Williams Brothers has fulfilled their promise to withdraw all lawsuits and their appeal to Measure H. Mayor Yates responded as of today the City received a draft to which the City will respond. Ms. Freeman asked if she could obtain a copy of the draft for her attorney's review. David Hunt responded her attorney (Mr. Kramer) will be kept informed of the status of the resolution. Imogene Haidet, 2861 Juniper, asked for Council support at the County Board of Supervisor's meeting on February 10, 1993 regarding Measure F - General Hospital. Cathy Novak stated the Morro Bay Commercial Fishermen's Organization opposes the Piedras Blancas Reserve based on the Attorney General's opinion on how the reserve will be used. She said the commercial fishing industry supports marine resource management if it is user friendly for all. Ms. Novak asked the Council to adopt a resolution to oppose the Piedras Blancas Reserve in its entirety. Larry Shears asked Council to agendize for public input the exemption of fees to the non -conforming mooring in the bay. Mayor Yates responded Council will discuss the issue at their February 24, 1993 Council meeting. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1993 PAGE 3 • Vernon Ford addressed Council with a concern that the first ramp C' to the restroom at Tidelands Park is not easily accessible to the 6 handicapped due to where the signs are posted. Ed McCracken, President of Seniors, Inc., presented the seniors' newsletter to Council. Cathy Cordero asked Council to reject Resolution No. 12-93 regarding the Piedras Blancas Reserve and draft a resolution supporting the fishing industry's use of the reserve. Nina Litvinoff asked when Council will discuss the proposed launch ramp in the Coleman Park area? Mayor Yates responded Council discussed this at their last Council meeting and directed staff to begin the grant application process. Councilmember Mullen stated the Waterfront Specific Plan is being reviewed by various City Commissions; discussion of the launch ramp will take place during the various Committee meetings and will be brought back to Council for public hearings. Sandy Winston asked Council to reject Resolution No. 12-93 a regarding the Piedras Blancas Reserve based on its lack of support to the commercial fishing industry. Efthimios Moudrianakis, owner of Captain Maddog, asked for goCouncil consideration of his lease situation. Mayor Yates responded this is a civil matter and the City usually does not involve themselves in these matters. William Crew, 461 Kodiak Street, asked Council about the retroactivity of water and sewer availability fees? Mayor Yates responded Council will discuss this issue at their February 24, 1993 Council meeting. Mayor Yates invited those who were at the meeting to discuss the request for time extension for proposal submittal on the curbside recycling services to speak at this time. Robert McDougle, 475 Bernardo Avenue, stated an extension will delay the on -set of a needed program by one year. Mr. McDougle stated the Council should consider accepting Morro Bay Garbage's proposal on a six-month trial period so the City can get started with a recycling program. Kurt Kupper, Director of the Environmental Center of San Luis Obispo County, stated involving students and the community is important to Morro Bay and asked Council for an extension to the end -of April, 1993. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1993 PAGE 4 • Justin Gruenwold, student at Morro Bay High School, stated a common goal is to meet the community's needs and learn to work -� together as a community. Mr. Gruenwold said it will be a good experience for senior citizens and an exceptional opportunity for students to be involved in this program. Wes Bennett, student at Morro Bay High School, stated this program will educate the community on the importance of recycling, and provide the youth in Morro Bay an opportunity to be more ecologically aware and world conscious. Amber Ramage, student at Morro Bay High School, stated this program will benefit the entire community by promoting environmental awareness. She said the environmental, financial and educational opportunities that this program will provide will benefit the community of Morro Bay. Felicia Anderson, student at Morro Bay High School, reviewed the student participation in this program such as securing funding, set-up and evaluation of the program. Kurt Kupper stated if the program is implemented 1,000 hours of student employment per month is anticipated. • Pat Vesart addressed the Council on Item C-7 regarding the resolution urging the San Luis Obispo County Board of Supervisors o to uphold its fiduciary responsibility to county tax payers concerning state water project contracts stating on this same issue the Cities of Paso Robles and Grover Beach took no action, the Cities of Arroyo Grande and Atascadero adopted a resolution similar to the one before Morro Bay, the Cities of Pismo Beach and San Luis Obispo both opted to send letters to the County Board of Supervisors urging them to hold firm on the January 12th contract language. Mayor Yates called a recess at 6:50 p.m. for viewing of the David Letterman video; the meeting resumed at 6:55 p.m. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Unger requested reconsideration of the status report on interim improvements to City Hall be agendized. Councilmember Crotzer requested Council's consideration supporting General Hospital be agendized. Councilmember Unger asked Item C-2 (Review of Study Duplication) be continued to the next available Council meeting. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1993 PAGE 5 A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CORRECTIONS TO CITY COUNCIL MINUTES OF DECEMBER 9. 1992, 14, 1993, AND THE REGULAR MEETING MINUTES • JANUARY 1993 Mr. Henderson recommended the Council approve the minutes as submitted. A-2 SET DATE FOR JOINT MEETING WITH PLANNING COMMISSION Mr. Henderson recommended Council set one of the three suggested dates as the first joint Planning Commission/City Council meeting for the year 1993. A-3 RESOLUTION SETTING WATER AND SEWER AVAILABILITY CHARGES Mr. Henderson recommended the Council adopt Resolution No. 08-93 setting the rates for water and sewer availability charges. • A-4 DESTINATION 2000 COMMITTEE REPORT (RIC DESCHLER) Mr. Henderson recommended the Council receive the Destination 2000 Committee report for information. A-5 CLAIM REJECTION - KERRY O'KEEFE Mr. Henderson requested that item A-5 be pulled from the Consent Calendar for further review by the City Attorney. Councilmember Mullen requested items A-1 and A-2 be pulled for separate action; and Councilmember Unger pulled item A-3. MOTION: Councilmember Mullen moved for approval of the Consent Calendar with the exception of items A-1, A-2, A-3 and A-5. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-1 Councilmember Mullen asked that the minutes of January 25, 1993 be continued to the next meeting. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1993 PAGE 6 • MOTION: Councilmember Crotzer moved for approval of the minutes of December 9, 1992, December 29, 1992, January 11, 1993, and January 14, 1993. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) City Attorney David Hunt stated the minutes of January 14, 1993 should be approved at a joint powers meeting with the Cayucos Sanitary District. Councilmember Mullen clarified the minutes of January 14, 1993 were approved at the last Council meeting. Councilmember Crotzer amended his motion to approve the minutes of December 9, 1992, December 29, 1992, and January 11, 1993. Councilmember Unger accepted the amendment and the motion was unanimously carried. (5-0) A-2 SET DATE FOR JOINT MEETING WITH PLANNING COMMISSION Councilmember Luna recommended Council arrange a date with staff at a later date. MOTION: Councilmember Mullen moved to arrange a date with the City Clerk to meet with the Planning Commission. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) • A-3 RESOLUTION SETTING WATER AND SEWER AVAILABILITY CHARGES Councilmember Unger requested this item be pulled until the duplication of studies issue is reviewed by Council. MOTION: Councilmember Mullen moved to adopt Resolution No. 08- 93. The motion was seconded by Councilmember Luna and carried with Councilmember Unger voting no. (4-1) A-5 CLAIM REJECTION - KERRY O'KEEFE City Attorney David Hunt stated it would be appropriate to deny this claim for failure in specificity; instruct the clerk to deny the claim based upon its not fulfilling the claim statute's requirements, and return to the claimant for correction. MOTION: Councilmember Mullen moved to deny the claim of Kerry O'Keefe based upon its failure in specificity. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) • • C, I 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1993 PAGE 7 B. UNFINISHED BUSINESS B-1 REQUEST FOR TIME EXTENSION FOR PROPOSAL SUBMITTAL - CURBSIDE RECYCLING SERVICES Mr. Henderson recommended this item be moved to the end of the agenda based on the 7:00 p.m. rule to go into public hearings. MOTION: Councilmember Unger moved to suspend the rules. The motion was seconded by Councilmember Mullen and carried with Mayor Yates abstaining. (4-0-1) Public Works Director Jon Crawford reviewed the request for an extension to April 30, 1993 by ECOSLO/Morro Bay High School Student Coalition to submit a proposal for curbside recycling. MOTION: Councilmember Crotzer moved to support staff's recommendation to grant an extension to April 30, 1993 for submittal of a proposal for curbside recycling by ECOSLO/Morro Bay High School Student Coalition. The motion was seconded by Councilmember Luna. Councilmember Unger stated she agreed Council should consider a 90-day trial contract with a local recycling agent in a specific area in town. Councilmember Mullen stated the students involved in the submittal of this program are currently applying for a grant as well as appearing at a recycling conference in Los Angeles. She said they have support from local businesses and the residential community in Morro Bay. Councilmember Mullen stated the City should require a bid of the whole City and not a portion of the City. Councilmember Unger stated the met and a program is needed to empty the landfill at this time. community's needs are not being get rid of the City's trash and Councilmember Crotzer stated a pilot program would deny the student's program a chance for a valid program. Public Works Director Jon Crawford stated a pilot project can be started within thirty days. Councilmember Mullen called for the question. The motion carried with Councilmember Unger voting no. (4-1) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1993 PAGE 8 • C. NEW BUSINESS C-1 CONSIDERATION OF REVISING AGENDA PROCESS This item was continued to February 22, 1993. C-2 REVIEW OF STUDY DUPLICATION This item was pulled from the agenda. C-5 MID -YEAR BUDGET REVIEW This item was continued to February 22, 1993. D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 ORDINANCE NO, 426 AMENDING CHAPTER 12.08 AND ADDING CHAPTER 12.09 TO THE MORRO BAY MUNICIPAL CODE PERTAINING TO TREES (INTRODUCTION/FIRST READING) Public Works Director Jon Crawford stated recent storms have accelerated the review of Ordinance No. 426 by the City's Street and Trees Committee. Mr. Crawford reviewed the revisions which include the implementation of fines and penalties to those who • remove trees without a permit and transfers the primary responsibility for the Tree Ordinance from the Public Works Department to the Community Development Department. Councilmember Mullen stated the present ordinance is difficult to understand and asked if it could be restructured. She asked Community Development Director Don Funk for the status of the blanket permits for the school district and state parks for the removal of trees. Mr. Funk responded the Planning Commission approved a blanket permit for the State of California Parks and Recreation Department, the San Luis Obispo Coastal Unified School District, and the City's Recreation and Parks Department, under the standard Local Coastal Plan requirements, for the purpose of removing the responsibility from staff and the Planning Commission for individual requests for tree removals. Mr. Funk stated the only department without a blanket permit is the Public Works Department which can easily be provided through Coastal Development Permit procedures. Mayor Yates opened the hearing for public comment. Albert Jorge presented a slide show of trees around town. Mr. Jorge is opposed to the proposed ordinance and stated private property owners should have control of trees on their property. Charles Palmer, 485 Estero, stated his opposition to the proposed • ordinance. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1993 PAGE 9 • Al Paul, 2520 Laurel stated his opposition to the proposed ordinance based on the control placed on property owners. Nancy Bast, member of Street and Trees Committee, stated the premise of the Street and Trees Committee is to sustain the advantage of an urban forest. Ms. Bast also stated the proposed ordinance provides a mechanism to replace trees with appropriate types of trees. Mayor Yates closed the hearing for public comment. Councilmember Mullen asked staff for clarification of the process of removing trees. Jon Crawford reviewed the process of the removal of trees in the public right-of-way, and Don Funk reviewed the process of tree removals on private property. Councilmember Mullen asked staff about the replacement of trees; Jon Crawford responded when a tree is removed it is required to be replaced. Councilmember Luna asked about the liability to the City when a tree is removed? City Attorney David Hunt responded if the City maintains a dangerous condition on public property it could cause a liability to the City. He added the City is immune from granting or failing to grant a permit which causes no liability • to the City. Councilmember Luna asked if a diseased tree is removed, is it required to be replaced? Jon Crawford responded affirmative. Councilmember Luna asked who monitors the tree for maintenance after it is replaced? Jon Crawford responded the Public Works Department will monitor those trees. Councilmember Unger asked if City staff does a follow-up on complaints of unsafe trees on City property, is the City at risk? David Hunt responded affirmative. Jon Crawford clarified his staff has been monitoring the complaints that were received since the recent storms. Councilmember Unger asked Mr. Crawford about public trees that damage private property? Mr. Crawford responded damage to private property is the responsibility of the property owner. David Hunt addressed his concern the fines and penalties stated in the proposed ordinance may be inconsistent with those allowable under state law. Mr. Hunt also stated there are some procedural errors in the appeal process which need to be addressed. Mayor Yates stated his opposition to the proposed ordinance stating a property owner should have the right to do what they want with their property. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1993 PAGE 10 • Councilmember Crotzer stated his support to the proposed ordinance in that proper planning of the environment is important. Councilmember Crotzer said the penalties may need to be modified; however, are necessary to maintain responsibility. Councilmember Luna stated his opposition to the proposed ordinance and his support to maintenance of the current ordinance which adequately deals with this issue. Councilmember Mullen stated penalties through fines are needed to save trees. Councilmember Mullen supported the proposed ordinance with amendments to the language. Mayor Yates stated property owners should be allowed to remove trees on their property. MOTION: Councilmember Mullen moved to have Ordinance No. 426 read by title and number only. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) City Administrator Forrest Henderson read Ordinance No. 426 by title and number only. MOTION: Councilmember Mullen moved for approval of introduction • and first reading of Ordinance No. 426. The motion was seconded by Councilmember Crotzer and failed with Councilmembers Luna, Unger, and Mayor Yates voting no. (2-3) MOTION: Councilmember Crotzer moved to direct staff to modify Ordinance No. 426 based on the amount of fines; and return to the next available City Council meeting for further public input. The motion was seconded by Councilmember Luna. Mayor Yates stated the public has had ample time through public notification for input on this ordinance. Councilmember Luna stated his support of the motion is based on staff recommendation to continue review of the ordinance and the proposed revisions. Councilmember Mullen asked to amend the motion to include the consideration to the proposed fines, and the comments made by the Street and Trees Committee including the issue of diseased trees. Councilmember Crotzer amended his motion to include Council review of the proposed fines and comments made by the Streets and Trees Committee relative to diseased trees. Councilmember Luna accepted the amendment. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1993 PAGE 11 • Councilmember Unger called for the question. The motion carried with Councilmember Unger and Mayor Yates voting no. (3-2) Mayor Yates called for a recess at 8:30 p.m. The meeting resumed at 8:40 p.m. Recreation and Parks Director Steve Wolter reviewed the request of the Cal Poly Crew Club to hold an intercollegiate rowing regatta on March 6, 1993 in the Morro Bay harbor. The Club also requests a renewal to their permit for daily use of the harbor for practice. Mr. Wolter reviewed issues including insurance liability, the noise level, the interference with harbor traffic, speed limit, trash generation, dockage, and water use. Mr. Wolter recommended Council hold the public hearing and either approve or deny Resolution No. 11-93 allowing the authorization of Public Area Use Permit Nos. 648 and 649. Mayor Yates stated the hours of operation are not included in the • conditions. Mr. Wolter stated the conditions will be modified to include the hours of operation. Councilmember Luna asked Trevor Carone, President of the Crew Club, to address the shouting by the Club during practice. Mr. Carone explained the Club uses coxboxes which limits the noise to the bottom of the boat. Councilmember Unger asked about complaints made to the Police Department. Harbor Director Rick Algert responded the Club has been responsive to complaints. Councilmember Unger asked if the permit could be revised to include revocation of the permit if the conditions are not met. Mr. Wolter responded that is already in effect. Councilmember Mullen asked the applicant about the speed limit and the implementation of a drogue. Mr. Carone responded dragging a drogue would create more waves and cause damage to the boats. Mayor Yates opened the hearing for public comment. Trevor Carone, President of the Crew Club, stated his appreciation of the use of the bay. He said family participation brings money to Morro Bay. Mr. Carone stated an individual in the bay sexually assaulted sixteen women rowers with profane and • vulgar language three weeks ago. Mr. Carone referred to Morro Bay Municipal Code 2.24.190 - Harassment of Others Prohibited. He MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1993 PAGE 12 • said the Club decided not to pursue charges against this individual but he continues to cause difficulties to the team. Paul Lorenzen stated he believes he is the individual Mr. Carone is referring to and totally denies all charges. He alleges the rowers almost ran him over in the dark while he was in his boat. He admits he did use bad language because they scared him but he did not molest anyone. He reported this incident to the Police and Harbor Departments. Mr. Lorenzen reviewed several incidences where the rowers have not conformed to the Morro Bay Municipal Code. Walt Rolsma, head rower coach, stated Morro Bay provides a unique opportunity for the Crew Club members to participate in a sport which will strengthening them not only physically but mentally to prepare them for the challenges ahead of them. Mr. Rolsma stated the Crew Club's contributions to Morro Bay include support to the economic stability of Morro Bay, as well as providing a positive presence on the bay. Pam Shears read a letter written by Vicky Sherman regarding her opposition to the Cal Poly Crew Club based on the nuisance caused to the liveaboards. • Larry Shears stated his boat was damaged by the rowers. He said the marine wildlife is in danger because of the rowers. Mr. Shears believes the rowers need a different location to practice. George Knecht, faculty advisor to the Crew Club, reviewed the determination of several experts in marine wildlife that there is less danger caused to the marine wildlife in the bay by the rowers than caused by motored boats. Nancy Bast stated the Crew Club's shells present danger to the wildlife in the bay. She said she supports the annual regatta but not the daily practice sessions. Doris Mace stated she supports the active interest these rowers show in their sport. She said the bay is an active sea port which the rowers should be a part of. Ms. Mace stated the laws need to be met by all. Chuck Clarke, President of the Harbor Festival, stated the rower shells are beautiful to watch. He said the physical ability of this sport is a benefit for young people. Mr. Clarke added all should strive for cooperation. Rick Johnson, Recreation Director at Cal Poly, stated the Crew Club obtained a $50,000 loan to build the storage shed by PG&E to store their shells. He said the Crew Club is willing to • cooperate with the City in order to come to a resolution. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1993 PAGE 13 • Ken Butler, advisor of the Cal Poly Sailing Team, stated he spoke with business owners on the Embarcadero and found they are in support of the Crew Club. Mr. Butler mentioned noises are made not only by the rowers, but also by other boaters. Bill Pierce, Vice President of the Morro Bay Merchants Association, expressed the Association's support to the Crew Club's annual regatta, and stated the harbor is unique as it gives Morro Bay the opportunity to sponsor events such as the annual regatta. Michelle Fryer, member of the Crew Club, stated this is an organization whose members are committed to their sport, and asked for Council's support in allowing them to maintain their annual practice permit. Shannon Turner, member of the Crew Club, stated their practice does not present a negative impact on the marine life in the bay. Lisa Germscheid, member of the Crew Club, explained the Club's code of silence and stated disturbance to those in the bay is not their purpose. William Lang, member of the Crew Club, stated safety is an • important factor met by the Club. Roger Conway, Executive Director of Associated Students Inc. at Cal Poly, stated he was involved in locating the Crew Club to Morro Bay. He said the Club develops good citizenship and its members are committed to their goals. Mr. Conway also stated they are willing to work with the City in order to come to a resolution on complaints made against the Crew Club. Gary Gillman, local businessman, stated he maintains the Crew club's equipment. He said their activity in the bay helps the local economy. Ed Biaggini, owner of the Embarcadero Inn, stated he has never received complaints from his guests about the Crew Club. Mr. Biaggini expressed his support to maintain the Crew Club's activities. Roger Anderson, local businessman, stated his support of the Crew Club and noted it is a constructive activity for the college students. Mr. Anderson said the Crew Club has shown improvement in response to noise complaints. Gary Ryan, Captain of the Tigers Folly, stated he has never had a problem with the Crew Club impeding his way in the bay. He supports the Crew Club and said it is a good activity for those • involved. CJ • E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1993 PAGE 14 Mike DeNeve, A.S.I. Project Coordinator, stated he helped build the Crew Club's storage building and it met all permits required. Charles Palmer stated the lack of communication between the City and Cal Poly staff needs to be addressed. Mark Graham stated the issue of when the daily practice sessions begin needs to be addressed. Jim Hartzell, 356 Shasta Ave., expressed his support for the Crew Club; he said it is beautiful to watch them row in the bay. Mary Jane Puett, local business person, expressed her support for the Crew Club's activities in the bay. Mayor Yates closed the hearing for public comment. Mayor Yates expressed his surprise with those opposing this use of the bay and stated the bay is a mix of all forms of recreational use. Councilmember Crotzer stated the Crew Club needs to uphold the rules. He said it is a great use of the bay. Councilmember Unger stated this participation by the Cal Poly students is refreshing and she supports their use of the bay. Councilmember Mullen stated the City made a major commitment to the Cal Poly Crew Club when they granted the permit for their storage building. She expressed concern with the line of communication and said someone needs to be appointed the responsible party for the communication of complaints. Councilmember Mullen said the speed limit should be addressed; otherwise, she supports the Crew Club's use of the bay. MOTION: Councilmember Mullen moved to adopt Resolution No. 11- 93 with amendments to Attachment "A" to include Condition Number 9 addressing the speed limit. The motion was seconded by Councilmember Unger. Mayor Yates requested the motion be amended to include hours of operation. Councilmember Mullen amended the motion to include the hours of operation begin no earlier than 6:00 a.m. The amendment was accepted by Councilmember Unger and unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1993 PAGE 15 • MOTION: Councilmember Mullen moved staff be directed to establish lines of communication and responsibility in order to work for the entire community. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Mayor Yates called for a recess at 10:05 p.m. The meeting resumed at 10:15 p.m. Mayor Yates stated Council will not be able to get through the entire agenda this evening, and the agenda for the next regular Council meeting is already full. Therefore, an extra Council meeting will be held on February 24, 1993. MOTION: Councilmember Mullen moved Council continue the meeting past 11:00 p.m. The motion was seconded by Councilmember Crotzer and failed with Councilmembers Luna, Unger, and Mayor Yates voting no. (2-3) MOTION: Councilmember Mullen moved to suspend the rules to take the agenda out of order and discuss Item C-7. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) • C-7 RESOLUTION URGING SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO UPHOLD ITS FIDUCIARY RESPONSIBILITY TO COUNTY TAX PAYERS CONCERNING STATE WATER PROJECT CONTRACTS Councilmember Mullen reviewed Resolution No. 13-93 which urges the San Luis Obispo County Board of Supervisors to uphold its responsibility to County tax payers concerning State Water project contracts. Ms. Mullen stated she would like to present this resolution to the Board of Supervisors at their meeting scheduled for February 9, 1993. Councilmember Crotzer stated it is a caution worth taking. MOTION: Councilmember Mullen moved Council adopt Resolution No. 13-93. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) MOTION: Councilmember Mullen moved Council authorize her to present Resolution No. 13-93 to the San Luis Obispo County Board of Supervisors. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) MOTION: Councilmember Mullen moved to suspend the rules to take the agenda out of order and discuss Items C-3 and C-4. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1993 PAGE 16 • C-3 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITE 62-62W FROM OASI. INC. TO BRUCE AND KATHY LEWIS Harbor Director Rick Algert reviewed the assignment of Lease Site 62-62W from QASI, Inc. to Bruce and Kathy Lewis and recommended Council adopt Resolution No. 09-93 approving this assignment. MOTION: Councilmember Luna moved to approve Resolution No. 09- 93. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) C-4 RESOLUTION APPROVING SUB -LEASE AGREEMENT FOR LEASE SITE 91- 92W (ANDERSON. LESSEE/VISIONS GALLERY, SUB -LESSEE) Harbor Director Rick Algert reviewed the request for a sublease on Lease Site 91-92/91W-92W and recommended Council adopt Resolution No. 10-93 consenting to the sublease of a portion of Lease Site 91-92/91W-92W to Frank St. Denis and William DeCarolis, dba Visions. MOTION: Councilmember Unger moved to adopt Resolution No. 10- 93. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) • MOTION: Councilmember Mullen moved to suspend the rules to take the agenda out of order and discuss Item D-7. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Mayor Yates opened the hearing for public comment. There was no public comment and Mayor Yates returned the hearing to Council for discussion. MOTION: Councilmember Mullen moved to continue Item D-7 to the Council meeting of May 10, 1993. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1993 PAGE 17 KLEINHAMMER, FOR DENSITY BONUS TO ADD A SECOND AFFORDABLE UNIT ON AN EXISTING UNDERSIZED R-2 ZONED PROPERTY LOCATED AT 1215 • �• AVENUE Community Development Director Don Funk reviewed the density bonus requested by Richard Kleinhammer to allow construction of a second unit at 1215 Morro Avenue. Mr. Funk recommended Council adopt Resolution No. 14-93 approving the density bonus. Mayor Yates opened the hearing for public comment. There was no public comment and Mayor Yates returned the hearing to Council for discussion. MOTION: Councilmember Luna moved to adopt Resolution No. 14-93. The motion was seconded by Councilmember Mullen. Councilmember Crotzer asked for clarification regarding the precedence of these permits and those on the waiting list. Don Funk responded under the State housing regulations the City cannot use a housing restriction to slow down low -incoming housing. Councilmember Crotzer called for the question. • The motion was unanimously carried. (5-0) D-4 HEARING FOR PROPERTY OWNER APPEALS OF PARCEL CHARGES FROM 1992 CITY WEED ABATEMENT PROGRAM Public Works Director Jon Crawford reviewed the appeals received on the Weed Abatement Program. Mr. Crawford also asked for Council approval to send a statement to the property owners whose parcels were abated late in the season by the City's contractor. Councilmember Crotzer asked Mr. Crawford how the fees are calculated? Mr. Crawford responded the fee is based on the cubic yards of material abated. Councilmember Mullen asked Mr. Crawford for clarification on the abatement notice sent to Israel and Rosalyn Shulman whose lot was abated but found not to be complete. Mr. Crawford responded the contractor inspected the site and found the abatement not to be complete. Mr. Crawford said because the Public Works Department did not receive notice the abatement was complete, the City's contractor proceeded to clean-up the property. Councilmember Mullen asked if the property owner had returned the notice of completion to the City, would the City have notified the property owner that the property's abatement was found to be incomplete. Mr. Crawford responded affirmative. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1993 PAGE 18 Mayor Yates opened the hearing for public comment. Walter Telchalsky, agent for Mr. and Mrs. Shulman, stated the Shulman's property bears no trees; the report states there was a pile of branches. Mr. Telchalsky described what was left on the site after he abated the property, including a white fence which was removed, and said the fee charged was over the amount of garbage removed from the property. Councilmember Mullen asked if the City is abating compost piles? Mr. Crawford referred to the ordinance which addresses public nuisance. Mayor Yates noted a letter written by Fire Marshall Jim Bickford. Mr. Crawford said the letter does not directly address a compost pile. He said if a compost pile is well maintained, there is no fire hazard. Councilmember Crotzer stated there is a possibility the branches were placed on the lot after it was abated by Mr. Telchalsky. Councilmember Unger asked for clarification of the 30% administration fee. Mr. Crawford responded that is the cost for administering the contract and submit the charges for the annual • tax roll. Mayor Yates asked Mr. Telchalsky what are his intentions? Mr. Telchalsky stated Mr. and Mrs. Shulman found the charges to be unjust since the lot was abated, and Mr. Shulman wanted to know why the fence on his property was removed? Mr. Telchalsky also stated he was not notified that the abatement was found to be incomplete. MOTION: Councilmember Luna moved to direct staff to waive the $221 abatement fee for Assessor's Parcel Map No. 068- 214-012; Israel M. and Rosalyn Shulman. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) MOTION: Councilmember Mullen moved to direct staff to move forward on the liens and release the retention on the remaining properties (APN Nos. 066-101-023; 068-192- 010; and 068-226-101). The motion was seconded by Councilmember Unger and unanimously carried. (5-0) MOTION: Councilmember Mullen moved to suspend the rules to take the agenda out of order and discuss Item C-6. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) 0 • • C , J MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1993 PAGE 19 • • • _ S V.•�• • l •U 00_l _ _f_ Councilmember Crotzer reviewed Resolution No. 12-93 opposing the exclusion of recreational use in Piedras Blancas as a potential site for an ecological reserve. Councilmember Mullen stated she does not support an ecological reserve at this site. Mayor Yates stated he would support a resolution excluding Piedras Blancas from the ecological reserve program entirely. Councilmember Unger asked why fishermen would be excluded from the area? Councilmember Crotzer responded based on the principle only uses that do not disturb the site and retain it as an ecological reserve will be allowed. MOTION: Councilmember Unger moved to direct staff to draft a resolution opposing the inclusion of Piedras Blancas from the ecological reserve program. The motion was seconded by Councilmember Luna. Councilmember Crotzer requested Council discuss the marine mammal and their choice of this location to procreate. Mayor Yates stated his belief in the balance of man and nature. Councilmember Mullen stated Piedras Blancas is a beautiful beach that should be available for public enjoyment. The motion was unanimously carried. (5-0) D-5 CONSIDERATION OF AMENDMENT REPEAL OF ORDINANCE NO 395 RETROFIT UPON SALE OR TRANSFER OF PROPERTY This item was continued to February 22, 1993. D-6 REQUEST FOR DIRECTION ON DESIGN CHANGES - CHORRO VALLEY PIPELINE (STATE WATER PROJECT) This item was continued to February 22, 1993. • 0 MINUTES - MORRO REGULAR MEETING PAGE 20 F. BAY CITY COUNCIL - FEBRUARY 8, 1993 MOTION: Councilmember Unger moved to adjourn the meeting to the next regular City Council meeting of February 22, 1993 to discuss Items C-1, C-5, D-5 and D-6. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) The meeting adjourned at 11:10 p.m. Recorded �by: BRIDGETT DAVIS Deputy City Clerk .MINUTES-MORRO BAY CITY COUNCIL SPECIAL MEETING - FEBRUARY 3, 1993 PARKING MANAGEMENT PLAN VETERANS MEMORIAL BUILDING - 6:00 P.M. Mayor Yates called the meeting to order at 6:05 p.m. PRESENT: William Yates Susan Mullen Ben Luna Ahnawake Unger Colby Crotzer STAFF: Donald Funk Rick Algert Forrest Henderson Mayor Councilmember Councilmember Councilmember Councilmember Community Development Director Harbor Director City Administrator The City Council held a Public Hearing this date to introduce the Parking Management Plan to the public and to receive input into the plan from various interested persons. This meeting was attended by various members of the Chamber of Commerce, interested business owners, interested contractors, etc. Mayor Yates opened the meeting and introduced Mr. Funk the Community •Development Department Director explained the purpose of this Plan and gave a description of the various ideas presented along with visual aids, statistics of parking discrepancies in various areas of the City and proposed solutions to these problems. Councilmember Unger asked what the expenditures would be to implement this program and where these monies would come from? Mr. Funk explained that the City has a in -lieu parking fund derived from fees paid by businesses who need additional parking spaces as part of their development requirements. The fee now collected for each parking space is $4000; however, that fee is low and actual costs could be much higher. Cadenasso A member of the Chamber of Commerce Economic Committee (Sil Cadenaese) stated that this committee had reviewed the plan and agreed with the concept stating that parking is the biggest need in the City. Remarked there were certain property owners in the City who were willing to trade or sell properties to the City in the downtown area which would be ideal for parking lots. Mr. Funk displayed a diagram showing the stripping of Monterey St. and how it would alleviate some of the problems and add additional parking. This could also be a possibility on Market and Napa Streets. Mr. Funk also discussed the modification of the Front St. parking lot which would provide additional parking spaces and improvement of the layout of the • existing parking lot. It was unanimously agreed that the most important area for immediate relief would be the Embarcadero including the Front Street parking lot. aCouncilmember Mullen asked staff to investigate the use of private parking lots such as Bank of America which could be used for excess parking on weekends, holidays, etc. when not used for business. MOTION: Mayor Yates motioned to direct staff to prepare preliminary drawings and cost estimates to diagonally stripe Market, Monterey and Napa Streets for parking, street parking area near PG&E, reconfiguration of the Front St. parking lot and look into the prospect of using private land for public parking. Seconded by Councilmember Luna Vote: 5 - 0 Recorded By: AiL.'e Zia, Delores Dahlin • 0 a z c a a E 291 I M aNOT=CE OF SPECIAL MEE1I'2N4Z3 NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held Friday, January 29, 1993 at 5:15 p.m. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California. Council will immediately adjourn to Closed Session to consider the following: ♦ GOVERNMENT CODE §54957, PERSONNEL DATED: January 28, 1993 • WILLIAM YATES, Ma City of Morro Bay, alifornia C7 w • �C' � aS j iq j 3 City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION - JANUARY 25, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION: ♦ CITY OF MORRO BAY V. CALIFORNIA COASTAL COMMISSION, CASE NOS. 120512 AND 121637, SANTA CRUZ COUNTY SUPERIOR COURT ♦ _CAYUCOS SANITARY DISTRICT V. CITY OF MORRO BAY, CASE NO. 2 CIVIL B067184, PENDING IN THE COURT OF APPEAL FOR THE STATE OF CALIFORNIA, SECOND APPELLATE DISTRICT; AND, CAYUCOS SANITARY DISTRICT V. CALIFORNIA COASTAL COMMISSION, CASE NO. 17030, SAN LUIS OBISPO SUPERIOR COURT ♦ DAVID A NORTON V. GARY A NAPPER ET AL CV 90-6301 JGD (Bx) FEDERAL DISTRICT COURT E-2 GOVERNMENT CODE 54956.9(B)(1), POTENTIAL LITIGATION -2 GOVERNMENT CODE §54957, PERSONNEL REGULAR MEETING - JANUARY 25, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE LIGHTEN UP PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS (CITY COUNCIL) A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. •1-1 CITY COUNCIL MINUTES OF DECEMBER 9, 1992, DECEMBER 29, 1992, JANUARY 14, 1993 AND THE REGULAR MEETING OF JANUARY 11, 1993 0 -2 WATER WELL AND SUPPLY STATUS REPORT A-3 APPROVAL OF PLANNING COMMISSIONER REQUEST FOR OUTSIDE LEGAL OPINION REGARDING MEASURE I A-4 RESOLUTION EXTENDING ICMA RETIREMENT CORPORATION DEFERRED COMPENSATION BENEFIT PLAN TO ALL REGULAR EMPLOYEES A-5 SET DATE FOR WORKSHOP AND PUBLIC HEARING FOR DRAFT CITY SOURCE REDUCTION AND RECYCLING ELEMENT (SRRE) A-6 STATEMENT OF CASH AND INVESTMENTS - DECEMBER 31, 1992 A-7 EXPENDITURE REPORT - DECEMBER 1992 B. UNFINISHED BUSINESS B-1 APPOINTMENT OF ALTERNATE DELEGATE TO THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS B-2 REQUEST TO EXTEND DEADLINE FOR PROPOSAL SUBMITTAL ON CURBSIDE RECYCLING C. NEW BUSINESS 1 STATUS REPORT ON INTERIM IMPROVEMENTS TO CITY HALL/GOVERNMENT BUILDINGS AND AUTHORIZATION TO DEVELOP MASTER PLAN FOR CITY OFFICES C-2 REVIEW OF EMPLOYEE BUDGET TASK FORCE SUGGESTION TO CHARGE RENT/UTILITY FEE TO SENIOR CITIZENS, INC. FOR THEIR USE OF THE COMMUNITY CENTER C-3 REVIEW OF APPLICATION PROCESS FOR NEW BOAT LAUNCH AREA GRANT D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 REQUEST OF SAN LUIS OBISPO COUNCIL OF GOVERNMENTS FOR DETERMINATION OF CITY SUPPORT FOR A CALL BOX PROGRAM IN SAN LUIS OBISPO COUNTY D-2 APPEARANCE OF KING VENTURES TO DISCUSS WATER RETROFIT ORDINANCE AND ITS APPLICATION TO THE SALE/PURCHASE OF THE INN AT MORRO BAY D-3 REVIEW OF LIVEABOARD PERMIT PROGRAM AND ORDINANCE AMENDING LIVEABOARD ORDINANCE (FIRST READING/INTRODUCTION) D-4 APPEAL OF CASE NO. CUP 26-92; FLOYD AND JEAN HUSTEAD, APPLICANTS, AND APPELLANTS. SITE LOCATION: 926 ANCHOR, R-1 DISTRICT. APPEAL OF PLANNING COMMISSION CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT TO ALLOW A 1157 SQ.FT. CONFORMING ADDITION, INCLUDING A SECOND STORY TO AN EXISTING 1009 SQ.FT. NON -CONFORMING RESIDENCE. THE EXISTING NON-CONFORMANCE INCLUDES A GARAGE THAT DOES NOT MEET THE 201x20" STANDARD OR THE BUILDING SEPARATION STANDARD. (CEQA • DETERMINATION: CLASS 1 CATEGORICAL EXEMPTION) 2 -5 CONSIDERATION OF INCREASING SIZE OF CHORRO VALLEY PIPELINE (STATE WATER) TO PROVIDE CAPACITY FOR PEAK FLOW RATES D-6 APPEAL OF CASE NO. CUP 12-92/CDP 27-92/TM 02-92, NEGATIVE DECLARATION; APPELLANTS: THE HALFERTY CO., THE VONS CO., DALE REDDELL OF DJM ENTERPRISES, CENTRAL COAST PET SUPPLY, DOLLY DONUTS (TINA TUING), EMIL ZALESNY, DONNA AND HAROLD VANNAY, TICOR TITLE INSURANCE CO., NASH KURKEYERIAN, WILLIAM KEIL, TERRANCE COOK, AND MICHAEL HUMERIAN. APPLICANT: THE HALFERTY CO. APPEAL OF PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT, COASTAL DEVELOPMENT PERMIT, TENTATIVE MAP AND NEGATIVE DECLARATION TO ALLOW THE PHASED DEMOLITION OF AN EXISTING COMMERCIAL SHOPPING CENTER AND CONSTRUCTION OF A 104,000 SQ.FT. COMMERCIAL SHOPPING CENTER WITH A FAST-FOOD RESTAURANT LOCATED ON PROPERTY BOUNDED BY QUINTANA ROAD, KENNEDY WAY AND PINEY WAY. THIS SITE IS LOCATED WITHIN THE CALIFORNIA COASTAL COMMISSION'S APPEAL JURISDICTION F COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND • AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. s 3 MMINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JANUARY 25, 1993 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:20 p.m. PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Forrest Henderson City Administrator Judy Skousen City Attorney E. CLOSED SESSION MOTION: Councilmember Unger moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) • Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 5:21 p.m. and returned to regular session at 5:56 p.m. F. ADJOURNMENT MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 5:56 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:10 p.m. ROLL CALL PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember • Ahnawake Unger Councilmember MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 2 • ABSENT: None STAFF: Forrest Henderson Judy Skousen David Hunt Rick Algert Jon Crawford Bridgett Davis Don Funk Dave Howell Steve Wolter City Administrator City Attorney Int. City Attorney Harbor Director Public Works Dir. Deputy City Clerk Comm. Dev. Dir. Police Chief Rec. & Parks Dir. Mayor Yates made an announcement that there was an increase in Bed Tax of 6.4% in the last six months of 1992. Councilmember Mullen asked for volunteers to make coffee for future City Council meetings. Horace Strong gave the invocation, and led the Pledge of Allegiance. LIGHTEN UP isMayor Yates introduced Ed Biaggini who told a joke regarding the Pope driving a limousine. PUBLIC COMMENT Keith Gaffney, 978 Las Tunas, asked Council for consideration to allow an expansion to his home before tandem parking is adopted in the municipal code. Council advised Mr. Gaffney to make a written request to the City Administrator to have the concept of tandem parking agendized by the City Council. Ed McCracken, 2431 Nutmeg, spoke regarding item C-2 stating Senior Citizens, Inc. paid $328,000 to the City of Morro Bay for the construction of the Community Center. The terms of the agreement gave the Seniors free utilities and rent for 20 years of the date of the first occupancy of the building (which would be through the year 2010). Mr. McCracken stated the Seniors have spent many hours of volunteer time to assist the City of Morro Bay. He also stated a fee should not be considered until the terms of the agreement have expired. Mayor Yates asked for a show of hands of those in the audience who support Mr. McCracken's statement. Approximately 30 hands were raised. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 3 • Mary Phillips, 2645 Ironwood, stated the cities of San Luis Obispo and Paso Robles do not charge a fee for programs offered to the seniors of their communities. Mrs. Phillips asked Mayor Yates to mention what the seniors do for the community in his weekly newspaper article. Carol Lutz, 846 Marina, representing the Friends of the Pool, presented the Council with a donation of $450 for the City's Recreation Department use (hopefully for the Friends of the Pool program). Mayor Yates presented the check to Recreation and Parks Director Steve Wolter. Mr. Wolter expressed his thanks to Friends of the Pool. Paul Lorenzen addressed the Council regarding the Cal Poly Rowers who are disruptive to the residents and natural habitat of the bay. Mr. Lorenzen stated the Morro Bay Police Department has been informed of the problem. Paula Safarjan, 350 Arcadia, stated she obtained a Conditional Use Permit for a small addition to her home which includes parking requirements for two vehicles. She stated she does not have money to provide for a parking structure or a bond required by the City Use Permit. Mayor Yates stated staff would assist her in resolving this situation. • Roger Ewing, spoke regarding item C-3, asking if the boat launch ramp location has already been chosen? Mayor Yates responded it is a recommendation in the Waterfront Specific Plan. Judy Skousen introduced David Hunt of the Law Firm Jencks & Hunt as the City's Interim City Attorney. Mayor Yates asked for a round of applause to Ms. Skousen for serving the City of Morro Bay for eight years. Councilmember Crotzer requested a resolution be agendized for Council consideration at the next meeting regarding the exclusion of the Piedres Blancas Ecological Reserve from all human use. Councilmember Mullen requested a resolution be agendized to discuss protecting the tax payers in Morro Bay from the liability of the cost of state water for the new private subscribers. Councilmember Mullen also requested Council pull item B-2 from tonight's agenda so the applicants may make a verbal presentation on Curbside Recycling. MOTION: Councilmember Mullen moved item B-2 be continued to the next regular meeting of February 8, 1993. The motion was seconded by Councilmember Luna and unanimously • carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 4 • Councilmember Luna asked that staff agendize an update of potential funding sources for a City trolley. Councilmember Luna also requested Council pull item D-5 from the agenda due to a lack of information on the item. MOTION: Councilmember Luna moved item D-5 be continued to the next regular meeting of February 8, 1993; and staff be directed to provide information on the pipeline sizes, the volume of water each pipeline carries, and peak flows. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Councilmember Unger asked that a discussion of duplication of studies be agendized for the next meeting. Mayor Yates asked Councilmember Unger to draft a memo for this item. Mayor Yates asked for the formation of an ad -hoc committee to review the Morro Bay Municipal Code. Mayor Yates also requested the removal of Agenda Summaries from the agenda packet be agendized. Mr. Henderson announced a telephone recording of upcoming public meetings has been installed for the public's convenience. The phone number to receive information is 772-6219. • A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES OF DECEMBER 9. 1992. DECEMBER 29. 1992, JANUARY 14, 1993 AND THE REGULAR MEETING OF JANUARY 11. 1993 Mr. Henderson recommended the Council pull the minutes for corrections. A-2 WATER WELL AND SUPPLY STATUS REPORT Mr. Henderson recommended Council receive this report for information and file. A-3 APPROVAL OF PLANNING COMMISSIONER REQUEST FOR OUTSIDE LEGAL OPINION REGARDING MEASURE I Mayor Yates recommended Council approve Mr. Maltby's request for outside legal opinion regarding Measure I. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 5 • A-4 RESOLUTION EXTENDING ICMA RETIREMENT CORPORATION DEFERRED COMPENSATION BENEFIT PLAN TO ALL REGULAR EMPLOYEES Mr. Henderson recommended Council adopt Resolution No. 05-93 extending the ICMA Retirement Corporation Deferred Compensation Plan to all permanent employees of the City. A-5 SET DATE FOR WORKSHOP AND PUBLIC HEARING FOR DRAFT CITY SOURCE REDUCTION AND RECYCLING ELEMENT (SRRE) Mr. Henderson recommended Council schedule an introductory workshop for the draft City Source Reduction and Recycling Element to be held in March 1993 and advertised thirty days in advance as a public hearing, and further recommended the City Council schedule one or two additional public hearings beginning two to six weeks after the introductory workshop. A-6 STATEMENT OF CASH AND INVESTMENTS - DECEMBER 31, 1992 Mr. Henderson recommended Council approve the Statement of Cash and Investments as submitted. A-7 EXPENDITURE _REPORT - DECEMB . Mr. Henderson recommended Council approve the expenditure report. MOTION: Councilmember Crotzer moved for approval of the Consent Calendar with the exception of Item A-1. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) B. UNFINISHED BUSINE B-1 APPOINTMENT OF ALTERNATE DELEGATE TO THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS MOTION: Councilmember Unger moved Councilmember Mullen be appointed the City's alternate delegate for the San Luis Obispo Council of Governments. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) B-2 REQUEST TO EXTEND DEADLINE FOR PROPOSAL SUBMITTAL ON CURBSIDE RECYCLING This item was previously continued to the next regular meeting of February 8, 1993. 40 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 6 • C. NEW BUSINESS C-1 STATUS REPORT ON INTERIM IMPROVEMENTS TO CITY HALL/GOVERNMENT BUILDINGS AND AUTHORIZATION TO DEVELOP MASTER PLAN FOR CITY OFFICES Recreation and Parks Director Steve Wolter reviewed the needs of the various City buildings and suggested the formation of a Community Advisory Committee to Master Plan future City facilities. He recommended Council authorize staff to relocate the City's record storage to 945 Shasta Ave.; relocate the Community Development Department to 535 Harbor St.; utilize City Hall remodeling monies to re -roof the Fire Station; and form a Community Advisory Committee to Master Plan future City facilities. Councilmember Luna asked how much money will be taken from City Hall monies to re -roof the Fire Station and how much money will be left over? Mr. Wolter responded the estimate to re -roof the Fire Station is $3,000-$4,000; it will cost approximately $3,000- $4,000 to relocate the Community Development Department; and left over money will go towards asbestos abatement in City facilities. A conservative total estimate is $8,000-$10,000 which leaves a cushion to recarpet portions of City Hall. A balance of • approximately $20,000 will be left in the fund after the recommended improvements which will go back into the General Fund. Councilmember Luna asked how much staff time will be involved in the proposed Community Advisory Committee? Steve Wolter responded it would require approximately 6-10 three-hour meetings; and another six hours for every three hour meeting to develop the report. Councilmember Luna asked Mr. Wolter when the ADA report will be completed? Mr. Wolter responded it could be 6-8 months to receive a draft of the report. Councilmember Luna stated he believes the formation of a committee is premature. He would like more information on the ADA; what it will cost the City to comply with the requirements; and what direction the Council may want to go in regard to construction of new City facilities. Mr. Wolter explained the City may want to be prepared with a Master Plan to take advantage of the opportunity for grant funds. Councilmember Unger asked Mr. Henderson for clarification of overting employee lay-offs with City Hall remodel monies. Mr. Henderson responded the Council withheld $30,000 of these funds C, J MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 7 • for improvements. Councilmember Mullen clarified there were $235,000 in City Hall remodel funds; Council took $200,000 and put it towards the 92-93 budget which left $35,000 to go towards capital improvements for the existing City Hall. Councilmember Mullen agreed the formation of another committee is premature; however, she supported the concept of being prepared for grant funding. Councilmember Mullen stated the streets in Morro Bay need to be paved before construction of a new City Hall. Councilmember Crotzer stated City facilities are in a state of travesty, and improvements should take place now. Planning for City facilities is a prudent idea. Councilmember Luna disagreed with the formation of a committee at this time. Mr. Luna stated the City is in a tough budget situation, and to use staff time on this is not appropriate at this time. MOTION: Councilmember Mullen moved to approve staff recommendations to 1) relocate the City's record storage to 945 Shasta Street; 2) relocate the Community Development Department to 535 Harbor Street; 3) utilize . the City Hall remodeling monies to re -roof the Fire Station; and 4) form a Community Advisory Committee to master plan future City facilities. The motion was seconded by Councilmember Crotzer and carried with Councilmember Luna and Councilmember Unger voting no. (3-2) C-2 REVIEW OF EMPLOYEE BUDGET TASK FORCE SUGGESTION TO CHARGE RENT/UTILITY FEE TO SENIOR CITIZENS. INC. FOR THEIR USE OF THE COMMUNITY CENTER Mr. Henderson reviewed the Employee Budget Task Force recommendation to charge facility coordination and support service fees to Senior Citizens, Inc. Mr. Henderson stated staff recommendation is to decline charging a fee to Senior Citizens, Inc. MOTION: Councilmember Luna moved to decline charging a fee to Senior Citizens, Inc. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Mayor Yates asked for Council support to direct staff to investigate the availability of grant funds with the Department of Boating & Waterways for construction of a new launch ramp in • Morro Bay. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 8 • Councilmember Mullen stated she supports the concept, but is concerned with the Target Rock location. Harbor Director Rick Algert stated the application to the Department of Boating & Waterways should include a preliminary environmental work -up, a resolution from the City Council approving the application, and a concept of where the launch ramp will be sited. Councilmember Mullen asked if a general location could be submitted with the application outlining the environmental concerns of a specific area? Mayor Yates clarified the "Target Rock area" consists of Coleman Beach to Target Rock and into the Rock parking lot. Councilmember Crotzer supports locating a launch ramp in the "Target Rock area" instead of specifically Target Rock and supports the recommendation of the Waterfront Rock Specific Plan. MOTION: Councilmember Mullen moved to support the recommendation to pursue grant monies for a boat launch ramp in the Target Rock area. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) • D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 REQUEST OF SAN LUIS OBISPO COUNCIL OF GOVERNMENTS FOR DETERMINATION OF CITY SUPPORT FOR A CALL BOX PROGRAM IN SAN LUIS OBISPO COUNTY Mr. Henderson introduced Peter Rodgers of the San Luis Obispo Council of Governments (SLOCOG) who reviewed the applicability of a Call Box Program. SLOCOG considered conducting a feasibility study regarding this program and decided to seek input from each city to ascertain the level of support for such a program. The cities in support of the program are San Luis Obispo, Grover Beach and Pismo Beach. The cities opposed to the program are Arroyo Grande, Paso Robles and Atascadero. Mr. Rodgers stated the revenue source to fund the program is a $1 increase in vehicle registration fees. Mr. Rodgers asked for Council direction as to whether or not the City of Morro Bay supports or opposes further research to develop a Call Box Program in San Luis Obispo County. Councilmember Crotzer asked if the program benefits the State Highway System, why the State of California does not contribute to it? Mr. Rodgers responded the State is taking the opportunity to allow local agencies to contribute to the program. Mayor Yates stated the cities who have turned the program down • object to the $1 user fee increase. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 9 • Councilmember Luna asked what other fee sources were pursued? Mr. Rodgers responded no other fees were pursued for this program. Councilmember Luna asked what is the current demand in San Luis Obispo County? Mr. Rodgers responded he understands the local agencies have received complaints; California Highway Patrol could answer the question more directly. Councilmember Crotzer asked if the call boxes are controlled by solar panels? Mr. Rodgers responded affirmative. Mayor Yates asked if the feasibility study would designate where the call boxes will be located? Mr. Rodgers responded affirmative. Mayor Yates opened the hearing for public comment. Ann Freeman, 785 Cabrillo Place, expressed her support for the Call Box Program stating this is a community of drivers, and this need is worth a $1 increase in fees. Suedene Nelson spoke in favor of the Call Box Program. Jim Nance opposed the program since there are enough fees provided by vehicle registration. Mr. Nance also stated • vandalism is a problem. Ed McCracken stated Los Osos Valley Road has public telephones; it is a good idea to have these placed along the highway. Janice Peters stated her support for the Call Box Program. Mayor Yates closed the public hearing. Mayor Yates asked Mr. Rodgers to address the vandalism issue. Mr. Rodgers responded the boxes have automatic sensors which are linked to the CHP. He also stated pay phones are not reliable as a safety measure. Councilmember Luna expressed his opposition to this program based on two reasons: 1) the funding source - other funding sources should be pursued involving private enterprises; 2) an additional $1 charge towards registration fees could go to other programs such as rapid transportation. Mayor Yates agreed with Councilmember Luna comments. Councilmember Crotzer stated he supports the program based on the safety issue. Councilmember Unger stated she supports the concept of the • program; however questions the funding. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 10 • Councilmember Mullen stated with the only way to obtain money is investigation of the feasibility funding sources is needed. the passage of Proposition 13, to increase fees. She said of the program with alternate MOTION: Councilmember Mullen moved to support a feasibility study with the inclusion of review of alternative funding sources for the Call Box Program. The motion was seconded by Councilmember Crotzer. Mr Rodgers stated the motion allows SLOCOG to conduct a study and return to Council with more information on appropriate funding sources. Mayor Yates asked if this motion is approved, is Council implying support in the program? Mr. Rodgers responded the other Councils did not take formal action in a public hearing format; however, the motion will allow SLOCOG to go forward with an analysis of the program. Councilmember Unger asked what source of funding would allow SLOCOG to move forward? Mr. Rodgers responded he would go back to SLOCOG and relay the Council's input. • Councilmember Luna asked for an amendment to the motion stating the Council's support of the program analysis, however, Council does not support the $1 registration fee. Councilmember Mullen stated she would like to see the feasibility study to include a range of funding alternatives and then make a decision. The motion was unanimously carried. (5-0) Mayor Yates called for a break at 7:37 p.m., and resumed at 7:52 p.m. D-2 APPEARANCE OF KING VENTURES TO DISCUSS WATER RETROFIT ORDINANCE AND ITS APPLICATION TO THE SALEZPURCHASE OF THE INN AT MORRO BAY John King, applicant, addressed the Council with his request for an exception to Ordinance No. 395 regarding retrofit upon the transfer or sale of property. Mr. King stated he would like to receive direction from Council before he submits a development plan to the Planning Commission. He reviewed several issues which need to be considered. Councilmember Mullen asked Mr. King if he is willing to place a bond on the project in order for the sale to be completed? Mr. • King responded affirmative. Mr. King stated in order to meet the intent of the ordinance he is willing to retrofit all of the MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 11 • water closets. He added the seller wants to sell as soon as possible and in order for the project to move forward, they need to submit a plan to the Planning Commission quickly. Councilmember Mullen stated in order to allow bonding, Council will have to amend the ordinance which could take up to 60 days. Mayor Yates asked if Council could waive the retrofit requirement for 90-days after the posting of a bond? Mr. Funk stated based on Ordinance No. 395, a plan needs to be submitted and retrofit complete before the transfer can occur. He said there is an exception which allows for a delay in the process when the buildings are demolished and a bond is posted. Mr Funk stated if the sale can be put on hold until the permit process is underway and retrofit is complete, they can still obtain credit. Mr. Funk also mentioned an amendment to Ordinance No. 395 to allow more flexibility would be helpful. Mr. King asked if he submitted plans for Planning Commission approval and retrofitted would that meet the needs of Ordinance No. 395? Mr. Funk responded he would need an approved project which could take more than 60 days to process. Councilmember Mullen asked what the impact of waiting 60 days • would be? Mr. King responded the sellers want to sell as soon as possible. Councilmember Mullen asked City Attorney David Hunt if in the case of multi -stage escrows, when does the transfer take place? Mr. Hunt responded the transfer of real property is what needs to take place. Mr. Funk suggested Council direct staff to come back with an ordinance to amend or repeal this section of the code. Councilmember Mullen stated this ordinance was adopted at a time when water allocations were not being issued and retrofitting was not in progress; Council saw the need to continue the retrofit program. Councilmember Mullen suggested Council consider the repeal of Ordinance No. 395 to conform with Measure I requirements. Mayor Yates opened the hearing for public comment. Jim Nance stated Council should repeal the ordinance for all applicants. Charles Palmer, 485 Estero, stated a water management plan is needed to allocate water. Warren Dorn, 212 Beach, stated Measure I was enacted to prohibit new construction. He suggested since this request is visitor - serving, which is the main priority for this coastal area, perhaps there is an exception to the ordinance. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 12 Ann Freeman, 785 Cabrillo Place, stated Council should repeal the ordinance or enforce it for all applicants. Ed McCracken suggested rescinding Ordinance No. 395 to allow the progress of sales to move on. Mayor Yates closed the public hearing. MOTION: Councilmember Mullen moved staff be directed to draft an ordinance repealing Ordinance No. 395 for the next regular City Council meeting. The motion was seconded by Councilmember Unger. Councilmember Luna stated the ordinance was passed to allow for long-term water management. Measure I does not allow for a previously retrofitted toilet to be retrofitted again. Mayor Yates asked Mr. Funk what is the percentage of unretrofitted structures? Mr. Funk did not have the number but stated the City was close to the end of the program. Mr. Funk suggested two options: 1) consideration of repealing Ordinance No. 395; and 2) allow maintenance of the retrofit program to protect projects such as Mr. King's. • Councilmember Mullen asked Mr. Funk if he could draft an ordinance mandating the retrofit of homes not previously retrofitted based on Measure I? Mr. Funk stated he would need direction on what would be feasible for Measure I. The motion was amended as follows: MOTION: Councilmember Mullen amended her motion to allow for the discussion of a repeal to Ordinance No 395 in totality; and for the discussion of amending Ordinance No. 395 to preserve the retrofit of the homes that are unable to be retrofitted currently. The amendment was accepted by Councilmember Unger and unanimously carried. (5-0) D-3 REVIEW OF LIVEABOARD PERMIT PROGRAM AND ORDINANCE AMENDING LIVEABOARD ORDINANCE (FIRST READING/INTRODUCTION) Harbor Director Rick Algert stated the City Council adopted a new vessel habitation ordinance on January 13, 1992 and directed staff to bring the ordinance back for review in one year. Mr. Algert stated a simplified ordinance is proposed based on the past year's experience in the permit program. Mr. Algert recommended Council move to have Ordinance No. 427 read by title and number only, then approve Ordinance No. 427 for introduction • and first reading. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 13 • Mayor Yates opened the hearing for public comment. Kathryn Williams, asked the Council to keep the cap as is; more people in the bay could risk Morro Bay's clean bay. Paul Lorenzen stated he does not understand the need to revise the existing ordinance. Mr. Lorenzen stated the Water Quality Control Board has no proof of the bay being unclean and a 10% increase to the number of allowed liveaboards is needed. Lifting the cap could result in an enforcement problem with more pollution. Mr. Lorenzen mentioned the fact that the State Park Marina is exempt from the ordinance even though they are inside the bay. Roger Ewing voiced his support of the liveaboards who take care of the bay. Mr. Ewing urged the Council to establish a line of communication. He said staff needs to be more user friendly. Nelson Sullivan stated if the cap is raised, people may take advantage of it; if the cap is lowered, seniority should have precedence. Kathryn Williams voiced her opposition to the exemption of liveaboards in the marina to the ordinance; they should be • required to abide by the same rules. Carolyn Carr stated she was involved in a committee effort which worked on this ordinance. She said the marina would like to be included; however, it has not worked out. Mayor Yates closed the public comment period reserving the right for it to be re -opened. Mayor Yates asked Mr. Algert why the marina was exempt and also asked for the Harbor Advisory Board's comments regarding the cap? Mr. Algert responded the marina is a state park under State jurisdiction. Mr. Algert also commented the cap of 30 vessels with the allowance of a 10% expansion to berthing is based on two complexities: 1) the cap creates a scarcity; and 2) the cap creates an enforcement level. Mr. Algert stated there are 28 liveaboard permits with five permits pending at this time. Councilmember Crotzer asked Mr. Algert if there is State input in the liveaboard ordinance? Mr. Algert responded if the cap goes above 40 or 50 liveaboards then the State will be included in the review. Mayor Yates expressed his support to staff recommendations. MOTION: Councilmember Crotzer moved to have Ordinance No. 427 • read by title and number only. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 14 Forrest Henderson read Ordinance No. 427 by title and number only. Councilmember Luna stated he was not in support of lifting the cap. Councilmember Mullen stated she was not in support of lifting the cap based on setting an artificial limit; however, she would support increasing the cap now. Councilmember Crotzer stated the argument regarding pollution requires more discussion. Mayor Yates stated he believes vessel habitation does not pollute the bay. MOTION: Councilmember Mullen moved Ordinance No. 427 be amended to maintain the cap at 50. The motion was seconded Councilmember Unger and carried with Councilmember Crotzer voting no. (4-1) Councilmember Luna asked how the Regional water Quality Control Board will respond to this cap? Mr. Algert responded what is • critical is how many permits the City actually has. Mayor Yates opened the hearing for public comment regarding Ordinance No. 427 as amended. Paul Lorenzen stated the adopted ordinance satisfied the State Lands Commission and Water Quality Control Board who required the City to take action on this issue. The cap of 30 is 10% of the 300 permits already issued. The cap of 50 will include liveaboards in the back bay. Mr. Lorenzen stated if there is a problem with too many permits, the City can return to the 10% increase. Mayor Yates closed the public comment period. MOTION: Councilmember Mullen moved to read Ordinance No. 427 by title and number only. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Forrest Henderson read Ordinance No. 427 by title and number only. MOTION: Councilmember Mullen moved to approve Ordinance No. 427 as amended for introduction and first reading. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) • C1 • 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 15 Mayor Yates asked Harbor Director Rick Algert to review the vessel mooring held by Sandal Makara. Mr. Algert stated Sandal Makara has lived in the bay at his current mooring location since the late 19701s. Mr. Makara does not pay fees and has not applied for a liveaboard permit. Mr. Algert stated there is great community support towards Mr. Makara due to his community efforts. Mr. Algert asked for Council direction regarding the enforcement of this issue. Mayor Yates stated his support of Sandal Makara and suggested Council designate his mooring for his use only with no fees and only during his lifetime. Mayor Yates stated that an agreement would need to be created including protection of the City from liability, the City not endorsing Sandal's activities as Baykeeper, and Sandal's promise to no longer use profanity on the radio and with staff. Mayor Yates opened the hearing for public comment. Nancy Bast stated she was uncomfortable talking about this issue without Mr. Makara's presence. Kit Wahling stated Sandal Makara has been a good citizen, helped with the environment of Morro Bay, and earned his keep. John Sands stated Sandal helped in a rescue effort of his family and agrees Sandal has earned his keep. Roger Ewing stated Sandal is a Morro Bay institution and this is a simple way of recognizing his efforts through the years. Mary Lazere, 868 Napa, spoke with Sandal and he is aware this item is agendized for this meeting. Ms. Lazere stated Sandal preferred not to be at the meeting and had trust in his friends' support. Warren Dorn, President of Morro Bay Beautiful, expressed the organization's support for Sandal and stated he has done more in keeping the bay clean than anyone. Mr. Dorn also stated Morro Bay Beautiful would lend financial support to Sandal's endeavor as Baykeeper. Ed McCracken stated Sandal is an asset to Morro Bay. Mayor Yates closed the public comment period. Councilmember Luna stated in view of the public's support, he supports Mayor Yates suggestion to draft an agreement with Sandal to maintain his mooring as stated. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 16 • City Attorney David Hunt stated Ordinance No. 427 should include the amendment of excluding Sandal's mooring. Councilmember Mullen suggested directing staff to return to the next available City Council meeting to take action in resolution form. MOTION: Councilmember Luna moved to direct staff to return to the next available City Council meeting with findings appropriate to maintain Sandal Makara's position in the bay. The motion was seconded by Councilmember Unger. Councilmember Mullen expressed her concern about how the exemption of Sandal's mooring will be addressed in the liveaboard ordinance. Rick Algert responded he and the City Attorney will create a resolution with the appropriate findings which would be re-agendized for a future meeting for Council consideration. Councilmember Luna called for the question. The motion was unanimously carried. (5-0) Community Development Director Don Funk reviewed the Planning Commission's action with regard to the expansion at 926 Anchor Street. Mr. Funk stated the appealed condition is to the parking standard which states a home must allow for two off-street parking spaces (one enclosed, one covered). Councilmember Crotzer questioned the logic of having a covered parking space. Mr. Funk responded the ordinance calls for a covered parking space for uniformity. Mayor Yates asked if Council can waive a condition without changing the ordinance? Mr. Funk responded the requirement under the use permit allows Council the flexibility to waive a condition; however, the ordinance is specific in that if the applicant constructs an addition over 400 sq.ft. or 25%, they shall provide for two parking spaces. Councilmember Unger stated if a two -car garage is required, the • yard will be reduced by half and the applicant will have to remove a mature tree. • • u MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 17 Mayor Yates opened the hearing for public comment. Floyd and Jean Hustead, applicants/appellants, addressed the Council stating that in researching the affordability of obtaining a bond, the financial obligations will have to be met now at 100% collateral, which is unaffordable for them. The applicants also stated in reviewing other similar cases in the City, exceptions have been allowed. Mary Phillips stated a non -conforming residence must stay within the setbacks and within compliance. Roger Ewing, neighbor of the applicants, expressed his support of the proposed addition. He stated if the applicants are required to place a garage in their backyard, it will create a soil erosion problem affecting the neighbors surrounding the rear fence. Charles Palmer, 485 Estero, stated every bedroom added to a house is assigning more water use to the house, which creates a more restrictive drought in the future. Leslie Sands spoke in support of the proposed addition. She said adequate space for family needs is important to keep children off the streets. John Sands stated he approves of the proposed plans; the present detached double -car garage serves the lot well. Eleanor Walt stated she supports the proposed plan as it is in keeping with the neighborhood. Mrs. Walt asked if the applicants comply with building a two -car garage, where in the ordinance does it say they would have to park their cars in the garage? Mayor Yates closed the public hearing comment. Councilmember Mullen stated the parking ordinance needs to be re- examined. She said although the roll of the Planning Commission is to enforce the code, Council has the flexibility to change the ordinance. Councilmember Mullen said a two -car garage at this location would deprive the property owner of the use of the property. Mayor Yates agreed with Councilmember Mullen's comments. Councilmember Luna stated most people do not use garages. He stated his support for the appeal. • • 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 18 Councilmember Crotzer stated there is no need for covered parking spaces; however, there is a need for off-street parking. He stated garages are usually used for storage. Councilmember Crotzer stated the ordinance needs to be amended. MOTION: Councilmember Mullen moved to uphold the Planning Commission's action requiring two parking spaces, and directed staff to issue an exception permit pursuant to MBMC 17.44.050 to allow uncovered tandem parking in front of the existing garage. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Mayor Yates called for a break at 10:00 p.m., the meeting resumed at 10:10 p.m. This item was previously continued to the next regular meeting of February 8, 1993. MOTION: Councilmember Luna moved Council proceed with the agenda past the 11:00 p.m. time limit. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) • • _ • __ _ •_• 4r �_ on Community Development Director Don Funk reviewed the background of the Cypress Shopping Center. He said in November 1988, voters passed Measure D which amended the General Plan and Zoning Ordinance to add approximately five acres of Central Business Commercial District to the rear of the existing Payless Shopping Center. On October 5, 1992 the Planning Commission voted to approve the Negative Declaration and the project. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 19 • Mr. Funk reviewed the applicant's request to amend condition D- 3.b allowing the extension of Piney Way to Kennedy Way be determined to be 20% of the cost to the applicant; and Vons' Companies request that the project be denied based on traffic, water, "optional" project, and growth issues. Mr. Funk concluded staff's recommendations to deny the appeals and uphold the Planning Commission's decision, as well as add condition D.9 - Turn Lanes. Mr. Funk stated turn lanes on Quintana Road will help traffic flow and make it easier to enter the proposed shopping center. Mayor Yates opened the hearing for public comment. Jim Halferty, applicant/appellant, stated tonight's meeting is the culmination of the process. Mr. Halferty stated their appeal is based on conditions which need clarification. Steve Sylvester, North Coast Engineering and representing the applicant, reviewed the circulation plans involved with the proposed project using overhead site plans. Mr. Sylvester stated based on the proposed circulation plan, a traffic study has been completed by Mr. William Heath. Mr. Sylvester also stated the applicant is willing to pay his fair share for impacts on the • intersections affected by the project. He stated the conditions the applicant is appealing are items D-3 (a and b) which are worded in such a way that they will not know the impact to the development until after the project is approved. Councilmember Luna asked Mr. Sylvester if the applicant agrees to pay 20-25% in reimbursement fees for the impacts on Quintana Road/Morro Bay Blvd intersection? Mr. Sylvester responded no, that it is far in excess of what the report indicates the impact is, however it would be appropriate if Piney Way was not extended. Bruce Risley commended staff on the accuracy of their report. Mr. Risley stated the rezoning to allow the development carried a 60% voter approval. Morro Bay needs more competitive shopping. Roger Ewing stated his support to the project and agreed Morro Bay needs more competitive shopping. He also supported the proposed turn lanes. Mr. Ewing also suggested a mural be painted on the west -side of the building; and a temporary signal be installed at the intersection of Quintana/Morro Bay Blvd. as a trial to see what impact a signal may or may not cause. Geraldine Price stated senior citizens need a more competitive shopping center. • Ann Freeman asked the Council to deny the appeals as this is an ideal location for a shopping center. • 11 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 20 Steven Amerikaner, attorney representing Vons Company, addressed the Council regarding the appeal filed by Vons. Mr. Amerikaner stated the principle problem is the proposed project is not well planned with traffic impacts. Mr. Amerikaner stated a traffic study by Penfield & Smith (which Council had previously received) outlines the traffic impacts this project will create. He said this project should have the same standards as those imposed on other projects that have been before the. Council in the past. Mr. Amerikaner showed a comparison of standards on the overhead of this project as well as McDonalds and Tri-W projects (analysis submitted to City Clerk for record). Mayor Yates indicated this comparison held no relevance with what is being proposed. Mr. Amerikaner stated the deficiencies in the analysis of this project are not typical of the way the City of Morro Bay has operated in the past. Mr. Amerikaner stated there are conflicts as to the environmental impacts which needs to be addressed. He said there is a fast- food restaurant proposed for the shopping center which will not have adequate water to operate. Mr. Amerikaner stated there will also be an impact on neighboring businesses. He stated Vons does not want the project to be denied, but requests the impacts of this project be analyzed properly as the law requires. Mayor Yates expressed his concern with Vons interest in this project. Mayor Yates also noted Vons' error in remodeling without obtaining City permits. Councilmember Unger notified Mr. Amerikaner that Vons' sign is non -conforming at this time. Mr. Amerikaner stated he will review the needed permits; but asked Council to stay with the appeal. Councilmember Luna stated Grover Beach approved a Smith Food King with no appeals from Vons. Councilmember Crotzer noted issues presented by Mr. Amerikaner's office regarding the project held little credence. City Attorney David Hunt asked questions of Mr. Amerikaner regarding the notification process based on CEQA and the Brown Act. Councilmember Mullen stated her concern with Mr. Amerikaner's comparison of this project with the Tri-W proposal. She said this is a superior site for this proposed project. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 21 • Dale Reddell, appellant, stated his appeal is based on traffic issues such as signalization at the intersection of Quintana/Morro Bay Blvd., and the elimination of parking spaces along Quintana Road. Mr. Reddell said the Piney Way extension at Harbor Street will cause an unrestricted flow of traffic which could be a detriment to the Fire Department in an emergency situation. Mr. Reddell also stated unplanned circulation will cause loss of business for neighboring businesses. Mr. Reddell said street improvements including curbs and sidewalks should be required at this time. Councilmember Unger asked Mr. Reddell what he would propose as a solution to what he thought was a circulation problem? Mr. Reddell said a signal at the Quintana/Morro Bay Blvd. intersection and turning lanes on Quintana Road are needed. Mr. Reddell stated improvements at the Albertson's Shopping Center in Paso Robles were done correctly; why not in Morro Bay? Councilmember Luna stated the Paso Robles Shopping Center made improvements based on mitigations for future commercial development. Donna and Harold VanNoy, owners of Bun & Crust Bakery/appellants, expressed their concerns with the proposed shopping center and the impact it will cause their business which is located on the • property. Mrs. VanNoy stated if they maintain their business in the proposed shopping center, their rent will more than double, and it will cost them in excess of $20,000 to move into the new shopping center. Mrs. VanNoy commented the True Value store will retain its original lease which states they will be appraised at fair market value; they would like the same consideration. Mr. and Mrs. VanNoy stated the proposed shopping center will harm the small businesses in Morro Bay and will create more empty buildings. John and Emil Zalesny, owners of Medicine Shoppe/appellants, stated they are in favor of the proposed shopping center; however, they have concerns with the circulation on Quintana Road. Mr. Zalesny stated his business, as well as Burger King, benefit from on -street parking along Quintana Road. He also stated Quintana Road needs widening and turning lanes installed. Mike Humerian, owner of Burger King/appellant, stated 25% of his business is from out-of-town buses which park along Quintana Road. He said another fast-food restaurant will cut into the existing restaurants' business. Mayor Yates closed the public hearing. Public Works Director Jon Crawford introduced William Heath who prepared the traffic study report for the City. Mr. Heath • reviewed his conclusion that the Piney Way entrance will be the preferred entrance; and the Quintana/Morro Bay Blvd. intersection MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 22 • is operating at an unacceptably low level of service and the most cost effective mitigation measure is to provide a complete traffic actuated signal. Councilmember Mullen asked Mr. Heath about turn lanes on Quintana Road? Mr. Heath responded turn lanes on Quintana Road are desirable but not essential. Councilmember Luna asked what the account balance is for the signal located at the Quintana/Morro Bay Blvd. intersection? Jon Crawford stated he believes the balance is approximately $30,000. Councilmember Luna asked if Quintana Road could be striped to add turn lanes without widening? Jon Crawford responded it would be tight, but it would fit. Mayor Yates asked if bike lanes will remain along Quintana Road? Jon Crawford responded it would be tight, but a bike lane would fit in areas of more than 40 feet in width without on -street parking. Councilmember Mullen asked Jon Crawford for an explanation on the widening of Quintana Road. Mr. Crawford responded to widen Quintana Road, the drive-thru at Burger King would possibly need to be closed and a portion of the front corner of the Medicine • Shoppe would be lost. Mr. Crawford stated the way the project is proposed at this time it would be wise to leave the driveway access as it is. Mr. Crawford clarified that Vons' appeal states Mr. Crawford's opinion is there is a major impact at the Quintana/Morro Bay Blvd. intersection; actually he believes the impact on the intersection is mitigatable. Also, he does not anticipate any major reconstruction of the consolidation of the two intersections; the only other additional road work is the extension of the right -turn pocket onto Morro Bay Blvd. Councilmember Mullen asked for clarification on the number of intersections involved. Mr. Heath stated the major intersections would include the Piney Way extension onto Kennedy Way, Kennedy Way onto Quintana Road, and Quintana Road onto Morro Bay Blvd. Councilmember Luna asked Mr. Heath aside from these intersections, would there be impacts on any other intersections in the City? Mr. Heath responded no, he believes there would be no impacts on other intersections in the City. Jon Crawford concurred with Mr. Heath. Mr. Halferty stated he would make every effort to assign the present tenants with a new lease; however, the rents will be high based on the cost of building the new shopping center. Mr. Halferty clarified their fair share on the Piney Way extension • would be between 20-59% and they will stipulate to the 59% as well as install the extension with all improvements, with the • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 23 possibility of reimbursement from future development that will contribute to the traffic onto Piney Way. Mr. Halferty stated they will also replace the shed at the Fire Station with a new unit at a cost of $45,000. Mr. Halferty has arranged with the St. Timothy's Catholic Church to deed a portion of property to them at the cost of $1.00. Mr. Halferty agreed to restripe the left-hand turn lane on Quintana Road. Mr. Halferty stated they do not have the ability to pay for the extension of Piney Way and pay for a significant portion to redo the entire intersection. He said the law states they are responsible to mitigate any damage they cause. Mr. Halferty stated in the spirit of cooperation they will stipulate to the City Engineer's recommendation of $35,000 or 20-25% of the cost for the intersection improvements. Steve Sylvester, North Coast Engineering, reviewed assessments for developments already in existence on Quintana Road and asked the City to use the same method with this proposed shopping center. MOTION: Councilmember Luna moved to deny the appeals except the applicant's appeal; set the applicant's cost of the easement at $1.00; set the mitigation cost of the Quintana/Morro Bay Blvd. intersection at the recommended $35,000; add condition D-9 to include striping for turn lanes which locations will be determined by the City Engineer; and direct staff to prepare a reimbursement agreement for future development to pay 41%. The motion was seconded by Mayor Yates. Councilmember Unger asked for clarification of the reimbursement agreement. Mayor Yates responded Mr. Halferty will pay 100% of the Piney Way extension but only be responsible for 59%, the other 41% of the cost will be reimbursed by future development to Mr. Halferty. City Attorney David Hunt stated the Council needs to certify the Negative Declaration. Councilmember Luna withdrew his motion and Mayor Yates withdrew his second. MOTION: Councilmember Luna moved to certify the Negative Declaration. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 24 • MOTION: Councilmember Luna moved to deny the appeals except the applicant's appeal; set the applicant's cost of the easement at $1.00; set the mitigation cost of the Quintana/Morro Bay Blvd. intersection at $35,000; add condition D-9 to include striping for turn lanes which locations will be determined by the City Engineer; and direct staff to prepare a reimbursement agreement for future development to pay an impact fee of 41% to the applicant. The motion was seconded by Mayor Yates. Councilmember Mullen asked the motion be amended to state the $35,000 will go directly to the construction of the traffic light. Councilmember Luna amended his motion to include $35,000 will go directly to the construction of the traffic light. The amendment was accepted by Mayor Yates. Councilmember Mullen asked for clarification on the $1.00 easement cost. Mr. Crawford responded he will come up with appropriate findings to make the $1.00 work. Councilmember Unger requested the motion be amended to make the • reimbursement agreement a separate issue. Councilmember Mullen clarified the reimbursement agreement with Tri-W is a separate issue based on the City's obligation. Councilmember Luna called for the question. The motion carried with Councilmember Unger voting no. (4-1) City Attorney David Hunt stated based on Mr. Heath's report, there is no substantial evidence presented in the record to give any indication that there may be significant impacts in areas other than what has been mitigated by the Negative Declaration. The City needs to adopt the following findings to certify the Negative Declaration: 1. Analysis and report of traffic engineer Heath, as analyzed and confirmed by the City Engineer, is the credible expert testimony on the issue of traffic impacts as a result of the development and, therefore, Council chooses to rely upon the Heath report; and 2. There is no substantial evidence offered by any appellant which shows there may be significant impacts as a result of the development which have not been mitigated through the negative declaration process. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1993 PAGE 25 MOTION: Councilmember Luna moved to adopt the findings made by City Attorney David Hunt. The motion was seconded by Councilmember Crotzer and unanimously carried.(5-0) F. MOTION: Councilmember Luna moved the meeting be adjourned. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) The meeting adjourned at 1:15 a.m. Recorded by: BRIDGETT DAVIS Deputy City Clerk • • Cl 1 0 0 NOT = C E O F S P EC = AL MEET = NG NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held Thursday, January 21, 1993 at 5:15 p.m. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California. Council will immediately adjourn to Closed Session to consider the following: ♦ GOVERNMENT CODE §54957, PERSONNEL DATED: January 19, 1993 • 0 WILLIAM YATES, May City of Morro Bay, Ilifornia No I. ROLL CALL AGENDA SPECIAL CITY COUNCIL WORKSHOP JANUARY 21, 1993 REGARDING THE ISSUES SURROUNDING THE PROPOSED CREEKSIDE SHOPPING CENTER AKA TRI-W SHOPPING CENTER PROJECT II. OPENING REMARKS BY MAYOR AND COUNCIL III. PUBLIC COMMENT PERIOD IV. PUBLIC HEARINGS A. PUBLIC HEARING ON APPEALS FOR CASE NO. PM 04-92 (VESTING/CDP 43- 92); REQUEST FOR A VESTING TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT PERMIT TO SUBDIVIDE ONE EXISTING 177.23 ACRE PARCEL INTO THREE PARCELS OF 17.50 ACRES; 3.18 ACRES; 7.12 ACRES, WITH A REMAINDER PARCEL OF 147.44 ACRES FOR PROPERTY LOCATED AT THE EASTERN TERMINUS OF MORRO BAY BLVD. AT HIGHWAY ONE (MERRILL WILLIAMS, TRI-W ENTERPRISES, APPLICANT; TRI-W ENTERPRISES/ CHRISTINE J. GRANADOS/PETER DIFFLEY, APPELLANTS) ENVIRONMENTAL DETERMINATION: PREVIOUS EIR PREPARED FOR CONCEPT PLAN B. CASE NO. GPA LCP/ZOA 01-91 MEASURE H; AMENDMENT TO THE GENERAL PLAN, LOCAL COASTAL LAND USE PLAN TEXT AND MAPS, AND ZONING ORDINANCE MAP TO MODIFY LAND USE DESIGNATIONS ON PORTIONS OF THE TRI-W ENTERPRISES PROPERTY EAST AND ADJACENT TO THE HIGHWAY ONE/MORRO BAY BOULEVARD INTERSECTION IN ORDER TO COMPLY WITH A VOTER INITIATIVE MEASURE H. THE AMENDMENTS WILL: 1) REDUCE THE ACREAGE AVAILABLE FOR C-1 ("DISTRICT COMMERCIAL") USAGE TO 17.54 ACRES INCLUDING 13 ACRES FOR COMMERCIAL DEVELOPMENT AND 4.5 ACRES OF OPEN SPACE EASEMENTS AND SLOPE AREA; 2) DELETE THE DESIGNATION FOR C-VS ("VISITOR -SERVING") USES; AND 3) ZONE 20.1 ACRES OS-1 (OPEN SPACE). THE PLANNING COMMISSION WILL REVIEW THE AMENDMENT AND MAKE RECOMMENDATIONS TO THE CITY COUNCIL. (CEQA DETERMINATION: THE CALIFORNIA COASTAL COMMISSION IS THE LEAD AGENCY FOR LOCAL COASTAL PLAN AMENDMENTS FOR PURPOSES OF CEQA). V. COUNCIL DISCUSSION OF OTHER ISSUES: A. WATER B. REIMBURSEMENT AGREEMENT VI. ADJOURNMENT • MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - JANUARY 21, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Forrest Henderson City Administrator Judy Skousen City Attorney Jon Crawford Public Works Dir. Bridgett Davis Deputy City Clerk Don Funk Comm. Dev. Dir. Harold Koppenhafer led the Pledge of Allegiance. Mayor Yates announced tonight's meeting is a problem -solving workshop for the proposed Creekside Shopping Center, and is geared to serve the best of the community. Mayor Yates stated he met with Marshall Ochylski and David Williams on five separate occasions, all of which are documented and on file for public review. Marshall Ochylski, representating Tri-W, presented two memos to the City Clerk for file: 1) request for continuance of public hearing scheduled for tonight's meeting on the appeal of the Vesting Map; and 2) incorporation of all previous comments made by Tri-W into the record. Mr. Ochylski reviewed the history of the zoning of the land and phase one of the proposed shopping center. He stated the applicant is willing to withdraw their objection of the rezoning on the 9.5 acres to help expedite the process. Mr. Ochylski said the issue at this point is to define "gross" land use. Mr. Ochylski described the project using a diagram outlining the creek and buffer zones to protect the agricultural land. Mr. Ochylski stated the Coastal Commission and City approved 13 acres of commercial area and the Coastal Commission found the project • complies with Measure H. MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - JANUARY 21, 1993 PAGE 2 • Christine Granados asked Mr. Ochylski what the complete acreage of the proposed shopping center consisted of? Mr. Ochylski responded 17.5 acres which does not include streets. Mr. Ochylski explained the county's definition of "gross" excludes open space and exterior streets and includes interior streets. He said when Measure H originally went to the Coastal Commission, the entire area (17.5 acres) was zoned District Commercial. The developable area is 13 acres and the remaining 4.5 acres are buffers. The Coastal Commission deemed agricultural buffers should be treated as open space easements; and the City's calculations excludes rights -of -way. Councilmember Mullen stated it appears Tri-W has fought Measure H. Mr. Ochylski stated Tri-W does not want to compromise the project, and their appeal of Measure H will be dropped with the approval of the project. David Williams stated Tri-W wants to develop the shopping center without the need to file a lawsuit. Ann Freeman asked if Tri-W is willing to write a statement withdrawing their appeal? City Attorney Judy Skousen responded legally, Tri-W can withdraw their appeal and the court will not have to resolve it; however, the appeal will be before the court in three weeks and time is of the essence. Councilmember Luna asked if the City could request a continuance? Ms. Skousen • responded the judge stated no additional continuances will be allowed; however, there will be no problem if the City goes to court stating the matter has been resolved before a decision has been made by the court. Councilmember Mullen stated the road issue and open space easement are the only concerns at this time. Ann Freeman asked Community Development Director Don Funk for a definition of net acreage. Mr. Funk responded the City defines the buildable area as net acreage. Ann Freeman asked if the City's definition of net acreage includes streets? Mr. Funk responded the City includes interior streets and excludes the arterial street in the net acreage. Mayor Yates closed the hearing to public comment and asked Council for a motion to continue discussion on the Vesting Map issue. MOTION: Councilmember Mullen moved to continue discussion on the Vesting Tentative Parcel Map to the next City Council meeting scheduled on February 8, 1993. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Councilmember Mullen clarified Tri-W has agreed to continue all • the vesting map issues until Measure H has been certified by the Coastal Commission. • MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - JANUARY 21, 1993 PAGE 3 Mayor Yates re -opened the hearing for public comment. Councilmember Mullen said there are two definitions of "gross": 1) it includes everything; and 2) the county definition that it includes everything but the open space easements. Councilmember Mullen stated the creek should be included in the open space easement. She said using the county definition of gross means the project will be 13 gross acres including the creek and buffers. Mr. Ochylski stated based on the Circulation Element, Creekside Boulevard is an arterial street which is generally excluded from gross calculations. Councilmember Unger asked if the arterial road is going to be dedicated to the City? Mr. Ochylski responded yes, it is a requirement of the City. Robert Lane stated the definition of gross was interpreted by the people who wrote Measure H, which states gross includes the total amount of acreage. Mr. Lane also stated he would like to see this project move forward in accordance with Measure H. He said all issues should be resolved including the Vesting Map. • Nancy Bast stated the arterial road should be included in the 13- gross acres since it will only serve this project. Councilmember Unger commented the City will be responsible for the arterial road. Don Funk responded the road system was approved by the Planning Commission, City Council and Coastal Commission as a part of the design of the shopping center. Mayor Yates stated the arterial road is a part of a potential frontage road. Nancy Bast said that was not the intent of Measure H. Councilmember Mullen stated the frontage road is a portion of the road that will serve the shopping center. Marshall Ochylski responded the road was designed to arterial standards as a requirement of City standards. Councilmember Mullen asked what would happen if the road was eliminated? Public Works Director Jon Crawford responded it is needed for emergency vehicle use. Peter Diffley read the County's definition of gross to Council. He said the intent of Measure H allows the project 13 gross acres, and if Measure H is not followed, the City is open to further litigation. David Williams stated if all differences were resolved, Tri-W will drop their appeals. Mr. Williams addressed concerns of delays and the economic viability of the project. MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - JANUARY 21, 1993 PAGE 4 • Attorney Skousen stated if the City adopts the County's definition of gross, there are more than two acres in dispute since the County's definition includes the buffer areas which is another 2.5 acres. Marshall Ochylski responded there is no dispute if the 4.5 acres is considered an open space easement. Marshall Ochylski stated the primary problems are the economic viability of the project and the reimbursement agreement. Mr. Ochylski stated Tri-W will not support the City at the Coastal Commission hearing if the two acres are removed. Roger Ewing stated Measure H is the issue at hand. He said there is no need for a four -lane road, and all that is needed is a egress/ingress emergency road which should be excluded from the interpretation of gross. Marshall Ochylski agreed to a two-lane road. Jon Crawford stated an intersection needs to be addressed with a two-lane road; the Circulation Element of the General Plan calls for a four -lane road. He stated a cul-de-sac would be the best plan for a turn -around for emergency vehicles. Mayor Yates called for a break at 7:40 p.m. The meeting resumed at 7:50 p.m. Bruce Risley stated the Tri-W lawyers have created a lot of the • problems involved in this project. Mr. Risley asked what is the status of the lawsuits filed against Councilmember Luna and Councilmember Mullen? Councilmember Mullen responded the lawsuits against herself and Councilmember Luna have been dismissed. Mr. Risley stated the lawsuit against Councilmember Luna has not been resolved. Councilmember Luna responded that lawsuit is irrelevant to this issue. Mr. Risley stated what happened in that case was a legal threat against the people of Morro Bay as well as Councilmember Luna. Marshall Ochylski responded all lawsuits are on a pending status and Tri-W's intention is to dismiss all lawsuits. Mr. Ochylski also stated the lawsuit against Councilmember Luna does not involve Tri-W. Mayor Yates clarified that the lawsuit against Councilmember Luna does not involve the matter at hand. Rosalie Valvo Diffley stated it is important to define what "gross" acreage includes before coming to any resolution. Christine Granados stated Measure H was intended to down -scale the proposed project to 13 developable acres which should include the arterial road. Mayor Yates closed the public hearing for public comment.. Mayor Yates stated he believes the arterial road is outside the proposed shopping center and should be excluded from the 13- • acres. He said the open space in the middle of the project enhances the center. Councilmember Unger agreed with Mayor Yates. • L • MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - JANUARY 21, 1993 PAGE 5 Councilmember Mullen recommended polling other cities and counties for their definition of "gross". She said the legal definition of gross should meet the requirements of Measure H. Councilmember Crotzer stated the net and gross acreage should include interior roads and the undevelopable topography. He said the project needs to meet the requirements of Measure H. Councilmember Luna stated a reasonable compromise regarding the arterial road is needed. He said it is time to come to a resolution of this project to free up time for other issues. Councilmember Crotzer stated the intent of the voters and the developers needs to be clear, and the citizens of Morro Bay need to understand Tri-W's intent is not to create a huge development. Mayor Yates opened the hearing for public comment. Roger Ewing stated if the two-lane arterial road is dedicated to the City with a cul-de-sac, then it should not be a part of the project. Mr. Ewing asked if Tri-W would be willing to pay 100% of the development of that road with bike paths. Mayor Yates clarified that has already be resolved. Mr. Ewing also stated he would like the road to be called Creekside Drive. Jerry Mullen said the map presented to the Coastal Commission will not include roads and buffers. Mr. Mullen also stated the county definition of "gross" includes roads within the project. He said Measure H does not include improvements. Marshall Ochylski stated Measure H rezoned 38.5 acres; 13 acres are zoned District Commercial, and the remaining 25.5 acres are zoned OA-1. Janice Peters stated the definition of gross needs more public input and should be made a part of City documents. Jim Montgomery asked who will be liable if the creek overflows onto the center section of the proposed project? Marshall Ochylski responded the City will not be responsible for private property. David Williams stated Tri-W's intent is to build the shopping center as proposed with no future plans for further development. Attorney Skousen stated Council should direct staff to include the definition of gross in the Measure H Ordinance and the General Plan. Ms. Skousen also recommended Council direct staff to obtain a written agreement from Tri-W stating their intent to drop all lawsuits. MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - JANUARY 21, 1993 PAGE 6 • Don Funk stated the Planning Commission took a straw vote on the definition of gross to include the arterial road and ag-buffer; the vote was 3-2. The Planning Commission directed staff to prepare a revised map that redefines the boundaries of the project. Janice Peters clarified the Planning Commission's definition of gross acreage was based on the requirements of Measure H. Councilmember Mullen stated the definition of gross acreage should include everything. Mayor Yates and Councilmember Unger agreed that the arterial road which is dedicated to the City should not be included in the 13- acre shopping center. Councilmember Luna agreed the 13-acres should not include the arterial road. MOTION: Councilmember Unger moved to direct staff to draft a definition of gross acres that excludes the arterial road which will be dedicated to the City, and exclude open space. The motion was seconded by Councilmember Crotzer. • Councilmember Mullen suggested the motion is premature since the Planning Commission is working on their definition of gross. Don Funk responded the Planning Commission would be interested in the City Council's definition. He recommended the motion be amended by including "perimeter" road as well as "arterial" road because if the road is reduced in size it will no longer be an arterial road. Attorney Skousen recommended the amendment include the wording "accepted for dedication to the City". Councilmember Unger amended her motion to the definition of "gross" excludes the arterial and perimeter road which is accepted for dedication to the City, excludes open space, and includes interior roads. The amendment was accepted by Councilmember Crotzer. The motion carried with Councilmember Mullen voting no. (4-1) Attorney Skousen stated staff needs direction to prepare and advertise the map. MOTION: Councilmember Unger moved to direct staff to advertise the Option B - Proposed Rezoning Measure H Compliance Map. The motion was seconded by Councilmember Crotzer. • Councilmember Mullen expressed concern that this motion was premature based on the need for Planning Commission approval. MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - JANUARY 21, 1993 PAGE 7 • Don Funk responded public hearings are allowed during the 60-day approval process. Councilmember Crotzer called for the question. The motion was unanimously carried. (5-0) Mayor Yates asked Tri-W to provide the City with a written statement agreeing to drop all lawsuits. Marshall Ochylski agreed to provide the City with a written statement within ten days (by January 31, 1993 by 5:00 p.m.). MOTION: Councilmember Crotzer moved to adjourn the meeting. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) The meeting adjourned at 9:15 p.m. Recorded by: BRI�AVIS Deputy City Clerk • • • NOT I C E O F S P E C= AL MEET 31NG NOTICE IS HEREBY GIVEN that the Special Meeting scheduled for 05 January 1993 regarding the Tri-W Workshop has been rescheduled for Thursday, January 21, 1993 at 6:00 p.m., in the Morro Bay Veteran's Memorial Building, 209 Surf Street, Morro Bay, CA. DATED: January 4, 1993 A WILLIAM YATES,/ MAyor City of Morro(Bay` California 11 0 E • NOTICE O F S P E C= AL ME ET S NG NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held Wednesday, January 20, 1993 at 6:00 p.m. in the Veterans Memorial Hall, 209 Surf Street, Morro Bay, California. Said Special Meeting shall be for the purpose of conducting a Brainstorming Workshop between Council, staff, and the community. DATED: January 15, 1993 • • WILLIAM YATES, Mayor City of Morro Bay, Cal ornia ooM,a,w 1'i� Ig93 U a • NOTICE O F S P E C= AL MEET 31NG NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held Thursday, 14 January 1993 at 5:15 p.m. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California. Council will immediately adjourn to Closed Session to consider the following: GOVERNMENT CODE § 54956.9(A), PENDING LITIGATION: CITY OF MORRO BAY V. CALIFORNIA COASTAL COMMISSION, CASE NOS. 120512 AND 121637, SANTA CRUZ COUNTY SUPERIOR COURT CAYUCOS SANITARY DISTRICT V. CITY OF MORRO BAY, CASE NO. 2 CIVIL BO67184, PENDING IN THE COURT OF APPEAL FOR THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT; AND, CAYUCOS SANITARY DISTRICT V. CALIFORNIA COASTAL COMMISSION, CASE NO. 17030, SAN LUIS OBISPO SUPERIOR COURT DATED: January 4, 1993 • 0 ulaL""" Wfl , —'s. WILLIAM YATES, Mayor 11 City of Morro Bay, Ca ifornia • NOT I C E O F S P E C= AL MEET = NG NOTICE IS HEREBY GIVEN that a Special Joint Meeting of the Morro Bay/Cayucos Sanitary District Joint Powers Authority will be held Thursday, 14 January 1993 at 7:30 p.m. in the Community Center Studio Room, 1001 Kennedy Way, Morro Bay, California, for the purpose of discussing working relationship under JPA and potential avenues of conflict resolution. DATED: January 4, 1993 • WILLIAM YATES, Mayo City of Morro Bay, Chlifornia 11 0 City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION - JANUARY 11, 199 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE § 54956.9(A), PENDING LITIGATION: ♦ WILLIAMS BROTHERS V. VOTERS INITIATIVE COMMITTEE AND CITY OF MORRO BAY, APPELLATE NO. BO 67517 PENDING IN THE COURT OF APPEAL, SECOND APPELLATE DISTRICT, DIVISION 6 ♦ WILLIAMS BROS. MARKETS INC ET AL V. CITY OF MORRO BAY ET AL, CASE NO. 69397, SAN LUIS OBISPO SUPERIOR COURT ♦ VOTERS INITIATIVE COMMITTEE V. CITY OF MORRO BAY, CASE NO. 71138, SAN LUIS OBISPO SUPERIOR COURT ♦ BRUCE ELSTER V. BEN LUNA, CASE NO. 70853, SAN LUIS OBISPO SUPERIOR COURT ♦ CITY OF MORRO BAY V. DEANNA DAVIS DBA PARKHURST GALLERY (LEASE SITE NO. 68-68W), CASE NO. MC 44439, SAN LUIS OBISPO COUNTY MUNICIPAL COURT O-2 GOVERNMENT CODE §54956.9(B)(1), SIGNIFICANT EXPOSURE TO LITIGATION EXISTS REGULAR MEETING - VETERANS MEMORIAL 209 SURF ST., ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE LIGHTEN UP JANUARY 11, 199S HALL - 6:00 P.M. MORRO BAY, CA PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS (CITY COUNCIL) Ll �. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FROM THE REGULAR MEETING OF DECEMBER 14, 1992, AND THE ADJOURNED REGULAR MEETING OF DECEMBER 18, 1992 A-2 IMPLEMENTATION OF RENEWED DISCHARGE PERMIT FOR WASTEWATER TREATMENT PLANT A-3 STAFF UPDATE ON PROGRESS ON PERMIT STREAMLINING A-4 SET DATE FOR SEMI-ANNUAL JOINT PLANNING COMMISSION/CITY COUNCIL MEETING A-5 RESOLUTION NO. 01-93 COMMENDING THE PHILADELPHIA SUN FOR RESCUE AT SEA A-6 AUTHORIZATION TO FILL FULL-TIME POSITIONS (PERSONNEL SECRETARY AND RECREATION DEPARTMENT OFFICE ASSISTANT II) A-7 AMENDMENTS TO FY 1992-93 BUDGET A-8 THREE-MONTH REPORT ON IMPLEMENTATION OF NEW THREE-TIER RESIDENTIAL SOLID WASTE COLLECTION SERVICE INCORPORATING ORANGE BAG OPTION • 9 SET HEARING DATE (FEBRUARY 8, 1993) ON APPEAL OF PLANNING COMMISSION APPROVAL OF CASE NO. CUP 12-92/CDP 27-92/TM 03-92 TO ALLOW DEMOLITION OF AN EXISTING 35,000 SQ.FT. SHOPPING CENTER AND PHASED CONSTRUCTION OF A NEW 104,000 SQ.FT. CENTER; 700 QUINTANA ROAD (HALFERTY CO., APPLICANT/HALFERTY CO.; ET AL, APPELLANTS) A-10 SET HEARING DATE (FEBRUARY 8, 1993) ON APPEAL OF PLANNING COMMISSION CONDITIONS ON CASE NO. CUP 26-92 TO ALLOW A 1,157 SQ.FT. CONFORMING ADDITION, INCLUDING A SECOND STORY, TO AN EXISTING 1,009 SQ.FT. NON- CONFORMING RESIDENCE (CEQA DETERMINATION: CLASS 1 CATEGORICAL EXEMPTION); 926 ANCHOR STREET (FLOYD AND JEAN HUSTEAD, APPLICANTS/APPELLANTS) A-11 EMERGENCY TREE REMOVAL NOTIFICATION, CDP 64-92E (426 SHASTA AVENUE) B. UNFINISHED BUSINESS B-1 APPROVAL OF MAINTENANCE IMPACT STATEMENT FOR TIDELANDS PARK B-2 CONSIDERATION OF CHANGING THE NAME OF "ANCHOR MEMORIAL PARK" TO "ANDY ZATKO MEMORIAL PARK", AND REQUEST FOR CONSIDERATION OF ADDITIONAL MEMORIAM C. NEW BUSINESS 0 NONE. E PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 DISCUSSION OF WATER AND SEWER AVAILABILITY CHARGES D-2 PUBLIC HEARING ON APPEALS FOR CASE NO. PM 04-92 (VESTING/CDP 43-92); REQUEST FOR A VESTING TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT PERMIT TO SUBDIVIDE ONE EXISTING 177.23 ACRE PARCEL INTO THREE PARCELS OF 17.50 ACRES; 3.18 ACRES; 7.12 ACRES, WITH A REMAINDER PARCEL OF 147.44 ACRES FOR PROPERTY LOCATED AT THE EASTERN TERMINUS OF MORRO BAY BLVD. AT HIGHWAY ONE (MERRILL WILLIAMS, TRI-W ENTERPRISES, APPLICANT; TRI-W ENTERPRI SES/CHRI STINE J. GRANADOS/PETER DIFFLEY, APPELLANTS) ENVIRONMENTAL DETERMINATION: PREVIOUS EIR PREPARED FOR CONCEPT PLAN D-3 RESOLUTION NO. 02-93 APPROVING THE ANNUAL WATER REPORT AND 1993 RECOMMENDATIONS (CEQA DETERMINATION: EXEMPT) D-4 RESOLUTION NO. 04-93 APPROVING REQUEST FOR DENSITY BONUS TO ADD A SECOND AFFORDABLE UNIT ON AN EXISTING UNDERSIZED R-2 ZONED PROPERTY LOCATED AT 2061 SUNSET STREET D-5 PRELIMINARY PRESENTATION OF THE DRAFT PARKING MANAGEMENT PLAN AND DISCUSSION OF DESIGN ASSISTANCE FROM THE CALIFORNIA STATE COASTAL CONSERVANCY (CONTINUE TO FEBRUARY 3, 1993 WORKSHOP MEETING) F. ADJOURNMENT • COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. 3 • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JANUARY 11, 1993 CITY HALL CONFERENCE ROOM - 5t15 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: William Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Forrest Henderson City Administrator Judy Skousen City Attorney E. CLOSED SESSION E-1 GOVERNMENT CODE § 54956.9(A), PENDING LITIGATION: ♦ WILLIAMS BROTHERS V VOTERS INITIATIVE COMMITTEE AND CITY OF MORRO BAY, APPELLATE NO. BO 67517 PENDING IN THE COURT OF APPEAL, SECOND APPELLATE DISTRICT, • DIVISION 6 ♦ WILLIAMS BROS MARKETS INC ET AL. V. CITY OF MORRO BAY ET AL, CASE NO. 69397, SAN LUIS OBISPO SUPERIOR COURT ♦ VOTERS INITIATIVE COMMITTEE V. CITY OF MORRO BAY, CASE NO. 71138, SAN LUIS OBISPO SUPERIOR COURT ♦ BRUCE ELSTER V. BEN LUNA, CASE NO. 70853, SAN LUIS OBISPO SUPERIOR COURT ♦ CITY OF MORRO BAY V DEANNA DAVIS DBA PARKHURST GALLERY (LEASE SITE NO. 68-68W), CASE NO. MC 44439, SAN LUIS OBISPO COUNTY MUNICIPAL COURT E-2 GOVERNMENT CODE §54956.9(B)(1), SIGNIFICANT EXPOSURE TO LITIGATION EXISTS MOTION: Councilmember Luna moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 5:15 p.m. and returned to regular session at 5:52 p.m. 0 16 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1993 PAGE 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1993 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates announced in the first six months of the fiscal year sales tax revenues received by the City have increased 9+%; he stated the City is currently conducting an analysis of the bed tax to see how it compares to the sales tax increase. Mayor Yates also announced before the next City Council meeting, a phone machine will be installed in City Hall to announce meeting schedules. Mayor Yates called the meeting to order at 6:10 p.m. PRESENT: William Yates Colby Crotzer Ben Luna Susan Mullen Ahnawake Unger ABSENT: None STAFF: Forrest Henderson Judy Skousen Rick Algert Jon Crawford Bridgett Davis Don Funk Robert Hargrave Dave Howell Jeff Jones Steve Wolter Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Harbor Director Public Works Dir. Deputy City Clerk Comm. Dev. Dir. Interim Finance Dir. Police Chief Fire Chief Rec. 6 Parks Dir. Donald Carey of the Morro Bay Presbyterian Church gave the invocation, and Horace Strong led the Pledge of Allegiance. Mayor Yates introduced former mayor Bud Zeuschner who shared a story of a past City Hall experience. P-01raNceaq-ON I Marcia Laurent, employee of the City of Morro Bay, addressed the Council regarding Consent Calendar Item A6 asking Council to consider filling the Personnel Secretary position in its full- time capacity. Ms. Laurent stated this position is vital to the efficient and effective functioning of the Personnel Department. MINUTES = MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1993 PAGE 3 • She stated the ramifications to the City if this position is not fully staffed could result in legal problems if personnel issues are not addressed in 'a timely manner. Ms. Laurent also stated this position serves as a back-up support to the City Clerk. Cathy Novak addressed the Council regarding a packet received (� from the California Department of Fish and Game concerning the establishment of tour ecological reserves in the ocean waters of California. Ms. Novak expressed her concern for the establishment of a reserve at Piedres Blancas. She stated if this area is selected it could be a detriment to the area. Ms. Novak asked Council to agendize this item so she may give a more detailed explanation on this issue. Roger Ewing commended the Council for placing the Closed Session items on the agenda which was a benefit to the public. Mr. Ewing also stated the new communication system at City Hall will be helpful in communicating with the public. Mr. Ewing addressed Unfinished Business Item B-2 stating the City's Ordinance states you cannot change the name of a park until two years after a person dies. He made mention that Andy Zatko would want that to remain in effect. Mr. Ewing addressed Consent Calendar A-6 stating that the City is currently under a hiring freeze due to budgetary constraints and recommended opening the Personnel • Secretary position as a part-time position. Sandi Ford, President of SEIU, asked Council to consider the budget before the Personnel Secretary and Office Assistant II positions are filled. Jamie Boucher, employee of the City of Morro Bay, asked Council to consider the budget before filling any position. She also stated that if Council decides to fill these positions on a permanent basis to be sure they remain positions after the budget review. Susan Parks, employee of the City of Morro Bay, stated her support in filling the Personnel Secretary and Office Assistant II positions. She stated there are three new employees in Administration who need the support of the Personnel Secretary position. Mayor Yates introduced Richard Palmer who is the new editor of the Sun -Bulletin. •1 3N ffA'?4'y 0 (OWWO :. • : �lv. 1. Councilmember Luna asked for an update on the retrofit research and its compliance with Measure I. . 2. Councilmember Unger asked for the status on the Mobilehome Ordinance. Forrest Henderson responded the code provides MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1993 PAGE 4 • for an annual update every February and this item will be before the Council at the second meeting of February. 3. Mayor Yates asked staff to begin the process for funding a new launch ramp on the bay. Mayor Yates requested the hiring freeze be agendized for discussion. Mr. Henderson recommended Council approve the minutes as submitted. A-Z IMPLEMENTATION OF RENEWED DISCHARGE PERMIT FOR WASTEWATER TREATMENT PLANT Mr. Henderson recommended Council approve Amendment No. 8 to the Brown and Caldwell Consultant Agreement for offshore monitoring services. It was also recommended that this item be scheduled on the next agenda for the Morro Bay/Cayucos Sanitary District meeting. Mr. Henderson recommended Council receive this update of the streamlining process for information and file. A-4 SET COUNCIL MEETING - - Mr. Henderson recommended Council set Tuesday, 16 February 1993 at 6:00 p.m. as the date for the semi-annual joint Planning Commission/City Council meeting. A-5 Mr. Henderson recommended Council adopt Resolution No. 01-93. A-6 Mr. Henderson recommended Council authorize staff to fill the vacated positions of Personnel Secretary and Recreation and Parks Office Assistant II. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1993 PAGE 5 • A-7 AMENDMENTS TO FY 1992-93 BUDGET Mr. Henderson recommended Council accept and approve the budget amendments as submitted by staff. A-8 THREE-MONTH REPORT ON IMPLEMENTATION OF NEW THREE-TIER RESIDENTIAL SOLID WASTE COLLECTION SERVICE INCORPORATING ORANGE BAG OPTION Mr. Henderson recommended Council receive this report for information and file. W. Co.;COMMISSION APPROVAL OF CASE NO. CUP TO ALLOW DEMOLITION OF AN EXISTING 35,000 SO,FT. SHOPPING CENTER AND PHASED CONSTRUCTION OF A NEW 104.000 SO -FT. Mr. Henderson recommended Council set the appeal hearing on this matter for 8 February 1993. A-10 Mr. Henderson recommended Council set the appeal hearing on this matter for 8 February 1993. A-11 EMERGENCY TREE REMOVAL NOTIFICATION CDP 64-92E (426 SH_ASTA AVENUE) Mr. Henderson recommended Council receive this report for information and file. Councilmember Mullen requested items A-6 and A-7 be pulled for separate action; Councilmember Luna pulled items A-2 and A-4; and Mayor Yates pulled item A-1. Mr. Henderson noted a correction to items A-9 and A-10 to set the hearing dates on 25 January 1993. MOTION: Councilmember Unger moved for approval of the Consent Calendar with the exception of Items A-1, A-2, A-4, A-6 and A-7. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) 9 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1993 PAGE 6 • A-1 CITY COUNCIL MINUTES FROM Ti 14, 1992, AND THE ADJOURNED ] 1992 Mayor Yates asked for correction to the December 18, 1992 minutes, page three, regarding Mr. Trapp stating he paid 11$600,000" in fees instead of 11$400,000". Councilmember Luna asked if the City would be responsible for the payment of $12,864 for the amendment to the Brown and Caldwell contract if Cayucos Sanitary District refuses to pay. Director of Public Works, Jon Crawford, responded the City would bear the cost if the joint board did not approve the amendment; however, it would benefit the City to fund this work. Councilmember Mullen stated Cayucos Sanitary District Board expressed interest in rebidding the contract. Ms. Mullen stated the City made a commitment to open bids for a new contract at the budget hearing. Mr. Crawford stated the current contract was approved for this fiscal year. Councilmember Mullen asked if there would be a problem if Council did not approve this permit • tonight and waited to schedule a meeting with the Cayucos Sanitary District Board to discuss the contract? Mr. Crawford responded the City could lose six months of reduced monitoring costs if the January monitoring is not performed. Councilmember Mullen asked if Council does not agree to the increased amount could they go ahead with the monitoring while Council considers the contract? Mr. Crawford responded this was not possible. Mr. Crawford also stated that he spoke with Robert Enns of the Cayucos Sanitary District Board regarding this contract. Councilmember Mullen stated the City is in a Catch 22 with the Coastal Commission, EPA, and Regional Water Quality Control Board. If the City waits for these approvals it would make for a better relation with Cayucos Sanitary District. Councilmember Unger asked if the monitoring is mandated by law? Mr. Crawford stated a monitoring program is mandated by law, but the City would like to add a few additional tests as required under the new permit. Councilmember Unger asked what account the $12,800 is coming from? Mr. Crawford responded from the Wastewater Treatment budget. Councilmember Unger asked if it could wait until Council met with the Cayucos Sanitary District Board. Mr. Crawford responded there would be no regulatory harm, however, if the monitoring is not performed this month, needed information will be missing in the annual report of the monitoring program. Mr. Crawford stated this amendment would be • worth $17,000 in savings for the fiscal year. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1993 PAGE 7 • Councilmember Luna expressed his concern in approving this amendment without discussing it with the Cayucos Sanitary District Board. Councilmember Mullen stated she will not support this amendment. She said it may save the City money, however, the litigation with Cayucos Sanitary District may cost the City. Councilmember Crotzer commended Mr. Crawford for the tendency to be proactive. Councilmember Mullen stated if the City receives a positive response from Cayucos Sanitary District, the City could meet the January monitoring. Ms. Mullen asked Robert Enns if this item was on their January agenda. Mr. Enns responded it will be on their January agenda. MOTION: Councilmember Mullen moved Council continue this item possibly to the January 14, 1993 meeting with Cayucos Sanitary District or the next regular meeting. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-4 • Councilmember Luna expressed his concern with the time constraints to meet with the Planning Commission. Community Development Director, Don Funk stated the meeting could be rescheduled for another date. Councilmember Unger asked if the meeting could be scheduled earlier? Mr. Funk responded they could meet at 5:15 p.m. on February 16, 1992. Councilmember Crotzer stated that could make for a long meeting for the Commission and perhaps they should be consulted. MOTION: Councilmember Mullen moved the Council set either Tuesday, February 16, 1993 at 5:15 p.m. or Wednesday, February 17, 1993 to meet with the Planning Commission; the Planning Commission will select which date. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-6 AUTHORIZATION TO FILL FULL-TIME POSITIONS (PERSONNEL• Councilmember Mullen stated the Golden Handshake process was to save the City money. If the two positions requested are filled after paying -off the Golden Handshake recipients, it will cost the City money. Ms. Mullen asked Forrest Henderson if he calculated what it would cost to hire a Personnel Secretary at • 3/4 time. Mr. Henderson responded a 3/4 time position would save $6,700 annually. Ms. Mullen expressed her concern if these MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1993 PAGE 8 • positions are filled, other departments will want their vacancies filled. She stated the time to fill these positions is during budget hearings. Councilmember Mullen stated she would rather fill these vacancies on a temporary basis at a minimum time. Councilmember Unger stated the hiring freeze matter needs to be agendized for further discussion. She said each job should be considered individually. Councilmember Unger reviewed the responsibilities of the Personnel Secretary who handles the employees retirement, insurance, sick leave; this position should not be hired on a temporary basis due to the confidential factor. Councilmember Unger also recommended filling the Recreation and Parks Office Assistant II position. Councilmember Crot2er stated his concern with the possibility of lay-offs and his commitment to the current employees for the City. He would like to review all vacant positions at one time. Councilmember Luna stated the positions are important, but should be filled on a temporary part-time basis until the budget is reviewed. Mayor Yates stated it was never mentioned in the review of the Golden Handshake positions would not be filled. The Personnel • Secretary position is an extremely busy job and there would be an apparent degradation in City Hall if this position is not filled. Forrest Henderson stated his commitment as City Administrator to the employees that he would evaluate each position as it became vacant and rightsizing the organization. Mr. Henderson stated the Personnel Office is a two -person office and when he became City Administrator he eliminated his position in the Personnel Office and replaced it with the Personnel Officer position. The Personnel Secretary takes minutes of the Safety Committee meetings which are required by SB198. There are legal requirements which are addressed by the Personnel office, as well as review of evaluations, review of Personnel Rules and Regulations, meet and confer negotiation minutes, and personnel recordkeeping. Councilmember Mullen asked Mr. Henderson if each department was going to have equal time tonight to review their open vacancies? Councilmember Unger stated if a man was hired as Personnel officer, there would be no question of filling the secretarial position. Mayor Yates stated the workload in other vacancies has been eliminated, however, in the case of the Personnel Secretary the workload remains the same. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1993 PAGE 9 • Councilmember Mullen stated the new Council was not privy to the original Golden Handshake discussions which stated the positions would not be filled. Ms. Mullen stated the position should be filled on a temporary basis until the budget is reviewed. Recreation and Parks Director, Steve Wolter stated to fill the Office Assistant II position part-time will cause services to be reduced; and the position will take the department six to seven months to train which makes a temporary appointment inadvisable. MOTION: Councilmember Mullen moved Council fill the positions of Personnel Secretary and Recreation and Parks Department Office Assistant II on a temporary, full- time basis and not fill the positions on a permanent basis until the budget review. The motion was seconded by Councilmember Luna. Councilmember Unger asked Mr. Henderson what the savings would be to hire on a temporary basis? Mr. Henderson responded the position would start at Step One pay with no benefits. Councilmember Unger stated it costs an employer to train an employee and on a temporary basis that will cost the City. Interim Finance Director Robert Hargrave addressed the Council • stating temporary employees are exempt from PERS which is an additional 14% savings per salary. Councilmember Unger called for the question. Councilmember Mullen amended her motion as follows: MOTION: Councilmember Mullen moved Council fill the positions of Personnel Secretary and Recreation and Parks Department Office Assistant II on a temporary, full- time basis and pay an hourly wage; and defer filling the positions on a permanent basis until the budget review. The motion was seconded by Councilmember Luna and carried with Mayor Yates and Councilmember Unger voting no. (3-2) Mayor Yates announced that Council would discuss items A-7, B-1, and B-2 at the end of Public Hearings. Mr. Henderson addressed Council regarding Public Hearing Item D-2 stating staff recommendation is to continue this item to the January 21, 1993 Workshop. Councilmember Mullen stated she would 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1993 PAGE 10 support this continuation with the opportunity to allow people who are unable to attend the workshop to address the Council tonight. With the consensus of the Council, Mayor Yates reversed the order of the Public Hearing. D-2 17379041 OOZ Mayor Yates opened the hearing to the public for comments. Christine Granados, appellant, concurred with Council to continue this item to the January 21, 1993 workshop. Lee Lucas, 165 Azure St., stated he addressed his concerns to the Planning Commission and referred those remarks to Council. Mr. Lucas went on to discuss his concerns with the size of this • project. Mayor Yates stated this item was an appeal to the vesting map. Mayor Yates called for a 60-second recess. Public Works Director, Jon Crawford reviewed the staff report noting the potential for attracting new businesses with the reduction of water and sewer availability fees. Mr. Crawford defined an availability charge as a charge to a new consumer, or a consumer with an increased need, to pay back the existing consumer(s) for having planned ahead. Mr. Crawford recommended Council review and discuss the water and sewer availability charges and direct staff to prepare the necessary ordinance revisions and resolutions to reflect that policy direction. Councilmember Luna stated this is a positive step in economic development. Mr. Luna asked Council to consider deleting the 30% increase on water equivalency units for the purpose of economic development. He stated it will be an easier program to manage through the Public Works Department rather than adjusting and figuring out whether or not someone would need water in excess of L� • C� MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1993 PAGE 11 30%. Mr. Crawford stated the Public Works Department could manage it, however the elimination of the 30% increase will create a decrease in the income of fees. Councilmember Luna stated if a business wants to expand their use with no change in meter size they will not be charged an availability fee. Mr. Crawford responded that a use for use would not be charged a fee. Councilmember Mullen asked Community Development Director, Don Funk if the City already has a 30% expansion on site as condition to pay a fee. Mr. Funk responded the language regarding the 30% expansion was modified and the new criteria allows for expansions to receive a waiver of .15 weu (which fees are waived) per 1,000 square feet with the placement of low -flow appliances. Councilmember Mullen asked what is the difference between the size of a meter and the rate charged? Jon Crawford responded the larger the size of a meter, the greater potential for water use of that sized meter. Councilmember Crotzer asked Mr. Crawford if the infrastructure is based on the projected build -out of 12,000. Mr. Crawford responded when installing a water line, a minimum standard of a 6 or 8-inch line is used. An 8-12 inch line will be placed where zoning allows for building. Councilmember Crotzer asked if the City has a bank account to serve the need to repair the existing sewer and water systems? Mr. Crawford responded he will be addressing these issues during budget reviews. He stated the recommended availability charges will off -set the increase of sewer and water rates over the capital program period. Councilmember Crotzer asked how these charges compare to other cities of Morro Bay's size. Jon Crawford stated he has not made this comparison since Morro Bay is unique; however, Morro Bay's rates are in the middle to upper scale. Councilmember Crotzer stated his main objective is to be prepared for the future. Councilmember Luna stated he surveyed every city in San Luis Obispo County and found they do not charge availability fees to new businesses or business expansions which do not require a meter change. Councilmember Unger asked how the availability fees impacts the small builder and are they still required to retrofit? Jon Crawford responded this does not address retrofitting, and the availability fees will be $4,870 (savings will be approximately $1,500). Don Funk stated if an expansion does not require extra water equivalencies, there are no fees charged except for building permit fees. Mayor Yates opened the hearing for public comment. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1993 PAGE 12 • Mark Haidet, builder, asked Council to consider the financial impact to the builder and homeowner. Mr. Haidet also asked Council to consider refunding fees to those who have been in the process and have already paid the fees. Dale Reddell, 680 Sequoia Court, stated previous Council discussion stated there would be a savings of $6,000. The proposed savings of $1,500 will not stimulate growth. Mr. Reddell also stated the Coastal Commission did not recommend retrofitting and they have said it was illegal. Roger Ewing asked if the proposed fees are a unilateral savings for both commercial and residential? Mr. Ewing asked if there was some way to off -set the cost of residential development by increasing the cost to a commercial use, since a commercial use has a way of reengerating recouping their costs? Mayor Yates closed the public hearing. Mayor Yates stated the fee structure should be equitable to new businesses since business is the primary money generator for the City. Councilmember Mullen supported reducing the fees based on the is stated water availability fee schedule. Councilmember Mullen stated the water and sewer availability fees should have been placed in a depreciation account to go towards improvements to the water and sewer systems. She would like more information on the water meter issue and other cities' policies regarding charges for availability fees. Councilmember Luna stated the City of San Luis Obispo does charge an availability fee to businesses who have the need for more water and change their meter size. Councilmember Mullen asked how much water a 5/8" meter can handle? Jerry Ramos responded it depends on the use, a commercial use with a sloan-valve toilet usually has a 1-1/2" line. Mayor Yates stated with all fees required, the availability fees should be lowered to stimulate business. Councilmember Crotzer stated the 30% decrease is a substantial drop in fees and is in the right direction. School impact fees were voted by the people and are important to support our schools. Councilmember Mullen was concerned with lowering the sewer availability fee since the collection system needs upgrading. • However, the water availability fees can be lowered since the water lines have been repaired. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1993 PAGE 13 Councilmember Luna stated the water obtained for construction of new houses and commercial development is collected through the retrofit program, which is a large expense to the property owner. The retrofit program is not creating a greater demand on the system; however, developers are forced to pay for the retrofitting which is based on a 2:1 ratio. MOTION: Councilmember Mullen moved to approve staff's methodology; create findings to reduce the water availability fees based on the 1977 water fee schedule; reduce the sewer availability fees to $2,200; and initiate an application fee in the case of a new building or enlargement of water meter or sewer lateral respectively and expansion of existing use greater than 30%. The motion was seconded by Councilmember Luna. Councilmember Luna asked about his recommendation to eliminate water equivalency units for expansion of businesses. Councilmember Unger asked Jon Crawford what the recourse would be if there is evidence of these lowered fees stimulating building? Jon Crawford responded there is a potential for an increase in water rates in the new fiscal year. Councilmember Mullen clarified the operating fees are based on how much it costs to operate the system for a year and is spread across the user base; the commercial base is paying approximately 52-53% and the residential base is approximately 45-46% of the cost to,operate the system. Councilmember Unger stated her concern for the residents who are living on a fixed income and cannot afford an increase in water rates. Councilmember Mullen responded this availability fee structure would not impact these people. Mayor Yates stated Council previously allocated 50 permits last year of which four permits have been issued; perhaps more permits will be issued with the lower allocation rates. Councilmember Crotzer called for the question. MOTION: Councilmember Mullen moved to approve staff's methodology; create findings to reduce the water availability fees based on the 1977 water fee schedule; reduce the sewer availability fees to $2,200; and initiate an application fee in the case of a new building or enlargement of water meter or sewer lateral respectively enel-expenaian-ef-existing-ase-gresber-tlsan 3e%. The motion was seconded by Councilmember Luna. • The motion carried with Councilmember Unger voting no. (4-1) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1993 PAGE 14 • Mayor Yates addressed Mr. Haidet's question on refunding fees that have been paid by applicants. Council asked for a report to come back regarding the fiscal impact of retroacting fees. Mayor Yates called for a break at 8:33 p.m. The meeting resumed at 8:43 p.m. D-3 1992 ANNUAL WATER REPORT AND 1993 RECOMMENDATIONS (CEOA DETERMINATION: EXEMPT) Community Development Director Don Funk reviewed the 1992 Annual Water Report to determine whether or not to allocate units and allow new construction in 1993. Councilmember Unger asked if the applicants who received allocations last year but have not obtained their permits, will lose their place on the list? Mr. Funk responded they will not. Councilmember Crotzer stated he supports allocating the seventy seven building permits based on Measure F. Don Funk stated based on what Council approves, it will be an impact on commercial development since Measure F allows for . commercial development to receive 130% of residential construction. Councilmember Luna asked how many people are on the voluntary list to retrofit their homes? Don Funk responded not many. Councilmember Luna asked what the average cost of retrofit was to residential applicants? Don Funk responded it is approximately $5,000-$7,000 for the cost of each retrofit for each 1.0 water equivalencies. Mayor Yates opened the hearing for public comment. Bryant Forrester, applicant on the long term waiting list, stated it costs approximately $8,000 to retrofit with a lot of headaches. Mr. Forrester stated less than 20 applicants on the waiting list have received their coastal development permits. He also stated he would like the City to expedite the process. Dale Reddell, 680 Sequoia Court, stated it costs approximately $250-$500 per bathroom to retrofit and on his last allocation he had to retrofit 22 homes. Mr. Reddell also stated there are few homes left to retrofit. Mayor Yates closed the public hearing. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1993 PAGE 15 • Councilmember Mullen asked Public Works Director Jon Crawford how the water is accounted for? Jon Crawford responded the total water production is decreasing and the amount of unaccounted water loss is moderately increasing. The unaccounted water loss comes from water breakages on the City -side of meters, hydrants that are knocked -off for an unknown period of time, and leaking water lines. Councilmember Mullen asked if it is possible to secretly hook up to the water system? Mr. Crawford responded it would be difficult to do. Councilmember Mullen asked if the amount of water e1+etted-per-hea9eh6+d-een*d allocated per person in the General Plan should be lowered? Mr. Crawford responded until the nationwide standard changes it would be prudent for the City to keep planning on that level. The water usage based on Level 3 of the Water Rationing Program is lower than what was used under Level 5. MOTION: Councilmember Unger moved to approve Resolution No. 02- 93. Councilmember Mullen seconded the motion and unanimously carried. (5-0) u • •' � -' _ _ - - = • �l _ • : • ! a • � • :7�oC•I:7}7dF]��i�1:M4.1L)i -�-Oju-]Dv z - - • Community Development Director, Don Funk reviewed the request of applicant John Heimel for a density bonus to construct a second unit at 2061 Sunset. With the agreement to provide an affordable unit, the applicant is also requesting a waiver of the water and sewer availability fees. Councilmember Unger asked what the requested fee reduction would be? Mr. Funk responded the savings would be $1,400. Councilmember Luna asked City Attorney Judy Skousen how the City could establish a deed restriction that would ensure the addition as affordable housing? Ms. Skousen responded it is not feasible for City staff to monitor the restriction; perhaps an agency such as People Self Help Housing could handle the rental. Councilmember Luna asked how the restriction would remain intact in case of change of ownership? Ms. Skousen responded the deed restriction could require the city's review prior to change of ownership. Councilmember Crotzer stated his support in providing for low- cost housing. Councilmember Mullen asked what the cost difference is between low-income and moderate -income? Mr. Funk responded 42.9 is the high for San Luis Obispo County and the low is 28.6 which would calculate to approximately $800/month. Is Mayor Yates opened the hearing for public comment. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1993 PAGE 16 John Heimel, applicant, stated with the cost of building in Morro Bay, it would be difficult to make a profit on low-income rental property. Mayor Yates closed the public hearing. Councilmember Mullen commented the proposed rent does not appear to be low-income. Mayor Yates concurred with the applicant that with construction costs, permit costs, and financing costs it is difficult to make a return on low-income housing. MOTION: Councilmember Mullen moved to approve Resolution No. 04-92. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) MOTION: Councilmember Unger moved to continue this item to the • February 3, 1993 Parking Management Plan Workshop. Councilmember Mullen seconded the motion and unanimously carried. (5-0) A-7 Councilmember Mullen stated her objection to decreasing the unreserved fund balance. Interim Finance Director, Robert Hargrave stated if this was included in the 1992-93 budget document the fund balance would have been used to cover this appropriation. The creation of an appropriation is to pay costs that were incurred. Mr. Hargrave stated there are encumbrances not included in the budget, however they were adopted by Council. Councilmember Mullen stated that she believed the money received the T-Pier Fire funds went into the General Fund. Mr. Hargrave explained the insurance monies went into the Harbor Fund and are not available to transfer into the General Fund. Councilmember Mullen stated Council reduced encumbrances in the amount of $230,000 last year from the City Hall Remodel fund. Mr. Hargrave stated the list of encumbrances from 1992 are . committed through a purchase acquisition or an accrual to cover expenses at June 30, 1993. • 171 MINUTES - MORRO BAY CITY COUNCIL . REGULAR MEETING - JANUARY 11, 1993 PAGE 17 City Administrator, Forrest Henderson stated there could be future expenditures in the Norton v. City of Morro Bay case. Councilmember Mullen stated the Fire Department should request their computer software through a bid process and have the balance go into the General Fund. Mr. Hargrave responded that the implementation cost of the software is approximately $20250 which will come from monies received from the Fire Department's support at the Los Angeles riot. Councilmember Mullen stated the $45,000 charge for attorney's fees should come back in the 1993-94 budget. City Attorney Judy Skousen noted part of the bill owed to Mayer and Reeves is 90 days past due. The Norton v. City of Morro Bay lawsuit has exceeded insurance coverage limits. Forrest Henderson stated this bill needs to be paid so penalties do not accrue. Councilmember Luna asked if Council approves amendments as received, will the City be running that amount of money? Mr. Hargrave responded however, when reviewing the appropriation list surplus funds are found, those encumbrances will t transferred back to the fund balance. the budget a deficit for affirmative; and available ie removed and Councilmember Luna asked that the Council review the encumbrance list at their next meeting. Forrest Henderson clarified paying this bill will not be deficit spending; it is being paid from the unreserved fund balance. Councilmember Unger asked about the $50,000 deductible on the city's insurance. Mr. Henderson responded that deductible has already been satisfied. The insurance company is saying because of the nature of the lawsuit, it is excluded under the policy. Staff clarified the lack of budget information is based on staffing deficiencies. MOTION: Councilmember Mullen moved to accept the budget amendment for payment with a mid -year budget review on February 8, 1993. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1993 PAGE 18 • B. UNFINISHED BUSINESS Recreation and Parks Director, Steve Wolter reviewed the Maintenance impact Statement which outlines a maintenance service level for Tidelands Park. MOTION: Councilmember Mullen moved to adopt the Maintenance Impact Statement for Tidelands Park. The motion was seconded by Councilmember Unger. Councilmember Luna asked with Public Works improvements to the park, why is this coming out of Recreation and Parks maintenance funds? Mr. Wolter responded the road is not a dedicated right- of-way and serves as a long driveway for the launch ramp; also, the streets division has inadequate funds to maintain parking lots. Councilmember Luna referred to the staff report stating "as an alternative the City should consider reduced service levels at Del Mar Park as it is a low use/low visibility park." Mr. Luna asked what the savings on this would be? Mr. Wolter responded the savings would be mostly in man-hours. Councilmember Luna • asked if the City would be agreeable to volunteer help in cleaning City restrooms? Mr. Wolter responded affirmative. Councilmember Unger called for the question. MOTION: Councilmember Mullen moved to adopt the Maintenance Impact Statement for Tidelands Park. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) 31410517 a\r45!V8f Recreation and Parks Director, Steve Wolter stated staff's recommendation Council authorize the installation of a plaque on the Fishermens Anchor Memorial dedicating the memorial to Andrew Zatko, authorize City staff to illuminate the Anchor Memorial using park fee funds appropriated for the completion of the park irrigation retrofit, and direct the City Attorney to obtain Anchor Memorial Funds held in trust at a local bank. MOTION: Councilmember Unger moved to approve staff recommendations. The motion was seconded by Councilmember Crotzer. • Mayor Yates stated his -support he suppoorted the two-year time limit on changing the name of the park. • • CJ MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1993 PAGE 19 Councilmember Luna noted Mary Phillips' request to paint the Anchor Memorial gold, which Andy Zatko had also requested. Councilmember Unger stated, in talking with Mary Phillips, it was mentioned there was a petition circulated by Andy Zatko to paint the anchor. Steve Wolter stated in researching the documents on file, it was noted in the minutes that Mr. Zatko had'petitions, but the petitions were not presented to the Commission. Councilmember Crotzer, while on the Recreation and Parks Commission, spoke with Andy Zatko regarding painting the anchor gold not being appropriate. An alternative to painting the anchor was to leave it black and highlight it with lights. Councilmember Luna asked to amend the motion to include on the plaque a gold anchor. Councilmember Unger called for the question. MOTION: Councilmember Unger moved to approve staff recommendations with the addition that a gold anchor be added to the plaque. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) rp-i q wDylatI NONE. MOTION: Councilmember Crotzer moved the meeting be adjourned to the Closed Session meeting on January 12, 1993 at 5:15 p.m. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) The meeting adjourned at 10:17 p.m. Recorded by: BRIDGETY DAVIS Deputy City Clerk rI n a NOT I C E O F S P E C= AL MEETING NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held Thursday, 07 January 1993 at 5:15 p.m. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California. Council will immediately adjourn to Closed Session to consider the following: Government Code § 54956.9(a), pending litigation, Williams Brothers v. Voters Initiative Committee and City of Morro Bay, Appellate No. BO 67517 pending in the Court of Appeal, Second Appellate District, Division 6 DATED: January 4, 1993 • WILLIAM YATES, Mayo City of Morro Bay, C lifornia C-1 0 NOTICE O F S P E C= AL MEETING NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held Thursday, 07 January 1993 at 6:00 p.m. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California for the purpose of determining City Attorney recruitment procedures. DATED: January 4, 1993 WILLIAM YATES, M City of Morro Ba , • a w 5 1q�3 —1�IV0�'ice.