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HomeMy WebLinkAboutJanuary to December (5)0 0 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. The City shall be committed to this purpose and will pruuide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - DECEMBER 11, 1995; 6:00 P.M. VETERANS MEMORIAL HALL 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. 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 NOVEMBER 27, 1995 A-2 STATEMENT OF CASH AND INVESTMENTS - NOVEMBER 1995 A-3 EXPENDITURE REPORT - NOVEMBER 1995 A-4 QUARTERLY REPORT FOR SALES TAX RECEIPTS - SECOND QUARTER 1995 A-5 RESOLUTION NO. 132-95 APPROVING AMENDMENT TO DEPARTMENT OF BOATING & WATERWAYS GRANT FOR HARBOR PATROL VESSEL REPOWERING A-6 CITY ATTORNEY REVIEW OF WATER MORATORIUM FINDINGS WITH RESPECT TO CLOISTERS PROJECT A-7 RESOLUTION NO. 130-95 ADOPTING PROPOSITION 116 FUND TRANSFER AGREEMENT FOR TWIN BRIDGES REPLACEMENT PROJECT A-8 RESOLUTION NO. 131-95 AWARDING BID FOR COMPUTER HARDWARE AND INSTALLATION SERVICES 1 9 REJECTION OF CLAIMS AGAINST THE CITY; (PILNICK, MORRO BAY FUEL DOCK) A-10 RESOLUTION NO. 133-95 ADOPTING DRUG & ALCOHOL TESTING POLICY FOR EMPLOYEES WITH COMMERCIAL DRIVER'S LICENSES A-11 CANCELLATION OF DECEMBER 25, 1995 CITY COUNCIL MEETING A-12 PROCLAMATION HONORING THE ECONOMIC OPPORTUNITY COMMISSION'S 30TH YEAR B. UNFINISHED BUSINESS - NONE C. NEW BUSINESS C-1 RESOLUTION NO. 135-95 ADOPTING FISCAL YEAR 1995/96 COST ALLOCATION PLAN C-2 APPOINTMENT OF COUNCILMEMBER TO SERVE AS VICE -MAYOR FOR 1996; (ONE- YEAR TERM) D. PUBLIC HEARINGS REPORTS & APPEARANCES D-1 APPEAL OF MOBILEHOME PARK HARDSHIP; (APPELLANT - GRIGGS) D-2 STATUS REPORT ON URM BUILDINGS 1163 RESOLUTION NO. 134-95 ADOPTING NEW BUSINESS LICENSE CATEGORY AND - ESTABLISHING RATE STRUCTURE 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 AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. E • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 11, 1995 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 Rodger Anderson Councilmember Colby Crotzer Councilmember Cathy Novak Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Dave Howell City Administrator David Hunt City Attorney Rick Algert Harbor Director Bridgett Bauer City Clerk Bill Boucher Public Works Director Jim Koser Finance Director Joe Loven Police Chief Andrea Lueker Recreation and Parks Director Shauna Nauman Senior Planner Elizabeth Szwabowski Building Official Jim Koser led the Pledge of Allegiance. LIGHTEN UP Ed McCracken presented the "Lighten Up" this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates requested Council approve Consent Calendar Item A-12 (Proclamation Honoring the Economic Opportunity Commission's 30th Year) so he may present the proclamation to representatives from the Economic Opportunity Commission. MOTION: Councilmember Crotzer moved the City Council adopt the Proclamation Honoring the Economic Opportunity Commission's 30th Year. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Mayor Yates made the presentation. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 11, 1995 PAGE 2 • Mayor Yates made the following announcements: ♦ Congratulations to the Morro Bay High School Football and Cross Country Teams for their recent successes. He invited the audience to the high school cafeteria for awards presentations at 6:45 p.m. ♦ The Lighted Boat Parade was highly successful, and he thanked boat committee members. ♦ The Are You OK Program is administered through the Fire Department, and he asked audience members to buy raffle tickets supporting the program. ♦ On December 21st the Council will host a luncheon for all City employees from 11:30 a.m. to 1:30 p.m. in the Veterans Hall. ♦ Item C-1 has been pulled from the agenda. PUBLIC COMMENT Brent Johns thanked the Police Department for its assistance with pie baking during the Thanksgiving dinner. • Ed Ewing stated the Cost Allocation Study is a smoke screen for the City to obtain more money from the waterfront in order to fund City Hall. He believes the City receives 40% of its budget from waterfront property taxes and sales taxes. Mr. Ewing said some South T-Pier insurance money was appropriated for the General Fund, when legally it should have stayed in the Enterprise Fund. Tony Clark said he loses $500 per month through theft of his crabs, and the fishermen would be willing to help pay for gates at both new docks. He said a lot of people camp in the area throughout the year and cause continual problems for fishermen. Mayor Yates replied he had never heard about security concerns at the docks before. He offered to look into security gates for the Dunes Street and Tidelands Park docks. Bernie Melvin stated he is an author of the original Waterfront Plan and in reviewing the current document, he found it contains substantive changes. He believes one Councilmember is rewriting the plan, dealing with City staff, and creating a new project. Mayor Yates responded there were no substantive changes in the document to his knowledge, and he invited Mr. Melvin to show Council any changes he has discovered. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 11, 1995 PAGE 3 • Lynda Merrill addressed Council on the City's budget and asked Council to be cautious when making decisions which affect the beauty of the bay and surrounding area. Mayor Yates closed the Public Comment period. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Unger requested an item be agendized to review street -end beautification plans. 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 NOVEMBER 27, 1995 Mr. Howell recommended Council approve the minutes of November 27, 1995 as submitted. A-2 STATEMENT OF CASH AND INVESTMENTS - NOVEMBER 1995 Mr. Howell recommended Council receive the report for • information. A-3 EXPENDITURE REPORT - NOVEMBER 1995 Mr. Howell recommended Council approve the report as submitted. A-4 QUARTERLY REPORT FOR SALES TAX RECEIPTS - SECOND QUARTER 1995 Mr. Howell recommended Council receive the report for information. A-5 RESOLUTION NO. 132-95 APPROVING AMENDMENT TO DEPARTMENT OF BOATING & WATERWAYS GRANT FOR HARBOR PATROL VESSEL Mr. Howell recommended Council adopt Resolution No. 132-95 approving an amendment to Department of Boating & Waterways grant for Harbor Patrol Vessel Repowering. A-6 CITY ATTORNEY REVIEW OF WATER MORATORIUM FINDINGS WITH RESPECT TO CLOISTERS PROJECT Mr. Howell recommended Council receive and approve the City Attorney's review of water moratorium findings with respect to • the Cloister's project. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 11, 1995 PAGE 4 • A-7 RESOLUTION NO. 130-95 ADOPTING PROPOSITION 116 FUND TRANSFER AGREEMENT FOR TWIN BRIDGES REPLACEMENT PROJECT Mr. Howell recommended Council approve Resolution No. 130-95 adopting Proposition 116 Fund Transfer Agreement for Twin Bridges Replacement Project. A-8 RESOLUTION NO. 131-95 AWARDING BID FOR COMPUTER HARDWARE AND INSTALLATION SERVICES Mr. Howell recommended Council approve Resolution No. 131-95 awarding bid for computer hardware and installation services. A-9 REJECTION OF CLAIMS AGAINST THE CITY; (PILNICK, MORRO BAY FUEL DOCK) Mr. Howell recommended Council reject the claims filed against the City. A-10 RESOLUTION NO. 133-95 ADOPTING DRUG & ALCOHOL TESTING POLICY FOR EMPLOYEES WITH COMMERCIAL DRIVER'S LICENSES Mr. Howell recommended Council approve Resolution No. 133-95 adopting the Drug & Alcohol Testing Policy for employees with commercial driver's licenses. • A-11 CANCELLATION OF DECEMBER 25, 1995 CITY COUNCIL MEETING Mr. Howell recommended Council cancel the December 25, 1995 City Council meeting. A-12 PROCLAMATION HONORING THE ECONOMIC OPPORTUNITY COMMISSION'S 30TH YEAR Mr. Howell recommended Council adopt the proclamation honoring the Economic Opportunity Commission's 30th year. Councilmember Novak pulled Item A-1 from the Consent Calendar. MOTION: Councilmember Unger moved the City Council approve the Consent Calendar with the exception of Item A-1. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF NOVEMBER 27, 1995 Councilmember Novak stated she has addressed the City Clerk on a correction to the minutes of November 27, 1995, page 4, stating she made the request for a legislative delegate to the League of • California Cities, not Councilmember Crotzer. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 11, 1995 PAGE 5 • MOTION: Councilmember Novak moved the City Council approve the City Council minutes for the regular meeting of November 27, 1995 as amended. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) B. UNFINISHED BUSINESS - NONE C. NEW BUSINESS C-1 RESOLUTION NO. 135-95 ADOPTING FISCAL YEAR 1995/96 COST ALLOCATION PLAN This item was pulled from the agenda. C-2 APPOINTMENT OF COUNCILMEMBER TO SERVE AS VICE -MAYOR FOR 1996; (ONE-YEAR TERM) MOTION: Mayor Yates moved the City Council nominate Councilmember Novak to serve as Vice -Mayor for 1996. The motion was seconded by Councilmember Anderson. Councilmember Crotzer stated he would volunteer for the position. MOTION: Councilmember Unger moved the City Council nominate Councilmember Crotzer to serve as Vice -Mayor for 1996. • The motion was seconded by Councilmember Crotzer. City Attorney David Hunt stated nominations were closed and Council is to vote for either Councilmember Crotzer or Councilmember Novak. Councilmember Novak was elected to serve as Vice -Mayor for 1996 with votes from Mayor Yates, Councilmember Anderson and herself. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 APPEAL OF MOBILEHOME PARK HARDSHIP; (APPELLANT - GRIGGS) City Administrator Dave Howell reviewed the appeal of hardship filed by Daryl Griggs, owner of Buoy and Gull Trailer Park. Daryl Griggs, owner of Buoy and Gull Trailer Terrace, addressed Council stating his ability to raise rents is limited, and he would like to install water meters for his nine tenants. He stated water is the most expensive utility and rates increased 33% last year and 37% this year. Mr. Howell stated Mr. Griggs has the ability to install water meters; however, the issue is whether he can charge his tenants. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 11, 1995 PAGE 6 • City Attorney David Hunt stated Council can consider whether or not there are circumstances sufficient to grant Mr. Griggs a hardship allowance. He said the rising cost of water can be considered evidence of sufficient circumstances to grant a larger rent increase. Mr. Hunt stated the water meters can be installed and operate for 12 months, at which time Mr. Griggs can cost out the water to the tenants while he reduces base rent. He said water is part of utilities provided pursuant to the rental agreement as it stands. Mr. Hunt noted Council does not have the power to deal with State law; but Council does have the power to grant Mr. Griggs the right to a hardship rent increase, if he has established sufficient circumstances to show he is entitled to a hardship allowance. Mr. Hunt said, according to Mr. Griggs, the water rate increase has prevented him from obtaining a fair return. Mr. Hunt stated Mr. Griggs would have to tell Council how much he wants to raise the rents. Mr. Griggs stated he understands the law to say it would be an increase in rent to install meters; he wants to charge tenants for their water use. Mayor Yates stated Mr. Griggs can install meters and keep track of water usage over a one-year period. He believes Mr. Griggs should be asking for a rent increase over the amount legally • allowable in the City of Morro Bay due to his hardship claim. Mr. Howell clarified law allows rent to be increased 75% of the Los Angeles/Long Beach Consumer Price Index which is based from September to August each year. Councilmember Unger asked if Mr. Griggs intended to charge the tenants for installation of the water meters. Mr. Griggs responded he only wants to charge tenants for actual water costs. Mr. Hunt stated the City does not have jurisdiction over State civil code; however, Mr. Griggs can install the meters and monitor water usage over 12 months. He said Mr. Griggs can then take the average water cost away from the rent of each space and pass on direct costs to each tenant. Mr. Hunt noted Mr. Griggs has the power to ask Council to raise rents based on recent circumstances regarding higher water rates. Mayor Yates called for a break at 6:45 p.m.; the meeting resumed at 7:08 p.m. Mr. Howell stated Mr. Griggs has to prove extraordinary expenses, which prohibit a reasonable and just return on his property. r1 • P • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 11, 1995 PAGE 7 Councilmember Crotzer stated Mr. Griggs would have to provide data projecting costs to justify a hardship petition. He said there may be others who present similar petitions in the future because of higher water rates. Councilmember Anderson stated the $8 rent increase last year was above the CPI allowance and was accomplished with tenants' permission, which he believes the tenants thought was a tradeoff. Mr. Griggs stated the added rent helped with some of the water and garbage rate increases. He said he just wants to recoup on the latest 37% water rate increase. Mayor Yates stated the one-year process would have to be undertaken, rent would have to be reduced by the amount of the water bill, and Mr. Griggs would end up with the same amount. Councilmember Unger asked Public Works Director Bill Boucher if there was any differentiation between business hardships and residential hardships? Mr. Boucher responded the relief Mr. Griggs is asking for does not refer to payment of increased water bills. He said Mr. Griggs is asking to place a portion of increased costs onto his tenants, but not for hardship business relief. Mayor Yates stated Mr. Griggs will have to provide the data for Council to make a decision after the meters are installed for one year. Mr. Griggs stated the residents that live in the park are the users of the water. He said some people only visit once a month or less, and he does not want to charge them as much as the people who live there all the time. Mr. Griggs stated he feels he is gouging the tourists and running them out. Councilmember Unger asked if the permanent residents will be able to apply for hardships when they pay for their own water. Mr. Howell stated they could; however, Mr. Griggs cannot charge the tenants for 12 months. Councilmember Crotzer stated the permanent tenants can ask for a 20% hardship deduction when the time comes. He asked if the tenants are now subject to the 1-3 minimum unit charge? Mr. Howell stated the Public Works Advisory Board is looking at this issue, and it will come back to Council with recommendations. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 11, 1995 PAGE 8 • Mayor Yates opened the hearing for public comment. Tony Clark stated his opposition to the request for appeal. Mayor Yates closed the hearing for public comment. No further action was taken on this item. D-2 STATUS REPORT ON URM BUILDINGS Building Official Elizabeth Szwabowski reviewed state standards for potentially hazardous buildings. She offered several options for Council's review. Mayor Yates opened the hearing for public comment. Linna Thomas, owner of Coalesce Bookstore, requested Council support of a notification -only program; she submitted a petition with 650 signatures supporting this request. Roger Ewing stated Morro Bay is relatively safe from a geologic point of view, and all the structures listed under the ordinance are only one-story tall. He requested Council consider the notification -only program. • David Tope, owner of Happy Jacks Saloon, stated former State Assembly Speaker Willy Brown passed AB 1001 in 1991, which allowed for bonding of retrofitted buildings. He said the bill has been in effect for some time and the City should find out if money is available. Mr. Tope stated remodeling is necessary when retrofitting has been accomplished and provisions of this bill may allow such construction. Suedene Nelson, Director of Morro Bay Chamber of Commerce, requested Council consider the notification -only program. She noted local businesses cannot afford the required improvements. Bob Finley, owner of Sunshine Health Food Store, stated he has gone through the URM process required by the City and found the required improvements of his building are not feasible. Roz Rogoff stated this is a serious economic situation for local merchants and requested Council seek other alternatives which might be more feasible. Lance Gorman, co-owner of Coalesce Bookstore, stated he has heard re -mapping is underway by the Seismic Safety Commission and re- zoning will result by the year 2000. He has heard Morro Bay will drop to a Zone 3 classification. He said the notification -only program would be reasonable. 0 Mayor Yates closed the hearing for public comment. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 11, 1995 PAGE 9 0 Councilmember Crotzer stated the City is not liable; it seems the City is intruding beyond what government should be doing; and, there is no history of one-story buildings harming anyone. He believes the property owner has been informed by State mandate, and therefore he takes the risk and liability if anyone is harmed. Councilmember Crotzer said the ordinance should be rescinded or modified to allow Notification -Only. Councilmember Novak stated she supports the notification -only program. She said some of the suggestions in Option 1 are very good, but anchoring parapets and structural analysis should be accomplished with CDBG or some other grants. Councilmember Novak stated staff should be directed to study grant programs to see if some way can be found to help businesses perform the work. She said the project scope could be broadened to include anchoring parapets as well as some type of beautification. Councilmember Unger stated staff from State Senator Jack O'Connell's office told her the Seismic Safety Commission has unofficially stated the contour map taking Morro Bay from Zone 4 to Zone 3 will be under discussion soon. She said Council will have to amend Municipal Code Section 14.18 and make it voluntary only and further state the City believes it is in compliance with the State mandate. Councilmember Anderson stated Morro Bay is fairly well removed from the San Andreas fault, and there has been little earthquake activity in the past. He said residential areas are probably in more danger, but the law only addresses business properties; he favors the notification -only program. MOTION: Councilmember Unger moved the City Council direct staff to return with an ordinance amending Morro Bay Municipal Code 14.18 to make it voluntary, and specify that Council has complied with the State mandate. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mayor Yates stated he would suggest eliminating Morro Bay Municipal Code 14.18 and bring a resolution forward which states the City supports a notification -only program. Mr. Hunt stated it traditionally takes an ordinance to repeal an ordinance, and he was not sure how to proceed. He said there is no liability, so Council could take action as it chooses. He stated it takes a lot more to change an ordinance than a resolution, so if this ordinance is rescinded now, Council might want to make it more difficult to enact another at a later time. n LJ MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 11, 1995 PAGE 10 . Mayor Yates called for a break at 8:00 p.m.; the meeting resumed at 8:15 p.m. D-3 RESOLUTION NO. 134-95 ADOPTING NEW BUSINESS LICENSE CATEGORY AND ESTABLISHING RATE STRUCTURE Finance Director Jim Koser reviewed the consideration of adopting a new business license category establishing the Special Event Transient Vendor and setting the tax rate for that category. He recommended Council approve Resolution No. 134-95 adopting a new business license category and establishing a rate structure. Councilmember Unger asked if the money collected from the vendor fees could be used for something besides the improvement district? Mr. Hunt responded the money could not be designated for anything in particular except to the General Fund for allocation in the general budgeting process, or it would be a special tax. He said if the purpose is to create a funding mechanism for a specific purpose, then the business improvement district is necessary. Mr. Hunt noted Council could allocate funds equal to the vendor fees to some purpose every year; however, no future Council can be bound to the general tax. • Mayor Yates opened the hearing for public comment. Roz Rogoff suggested offering a one-time and multiple -use fee for outside vendors in order to not discourage these vendors from attending more than one event. Suedene Nelson addressed the proposed fee and recommended they be reduced to $5.00. She requested Council appoint a committee to review how to use the collected fees, i.e. downtown improvements. She also suggested an outreach program to involve the business community. Ralph Gunther stated these special events reduce business for existing businesses and suggested raising the outside vendor fees. Mayor Yates closed the hearing for public comment. Mayor Yates stated this -lee the required collection of this fee and the encumbent paperwork is an unfunded mandate on the Harbor Festival and Art in the Park. Councilmember Crotzer said the transient vendor business license fee seems fair and equitable, and he sympathized with Mr. Gunther's position. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 11, 1995 PAGE 11 • Councilmember Novak used the Salmon Celebration as an example, stating vendors are charged $25 per day for this joint fund raiser between the Commercial Fishermen's Association and the Chamber of Commerce. She said more special events are planned to bring people to the City, and she feels a $5 fee is more appropriate. Councilmember Unger stated she agrees with Mr. Gunther about three-day holidays hurting local businesses. She feels transient vendors should pay a fee, but she believes more input is necessary from businesses regarding a Business Improvement District. Councilmember Anderson agreed with Mr. Gunther about business losses during festival weekends, but he supports the events because of hopes visitors will return another time. He believes a better clientele has been attracted to the Harbor Festival because of increased admission fees, and marginal vendors will be weeded out with increased fees as well. Councilmember Anderson stated a voter initiative would be desirable in order to tax outside vendors and keep the money from getting lost in the system. Mr. Hunt stated the purpose of Proposition 62 is to prevent the imposition of further taxes without a vote of the people, and • reserving the right to raise the tax would be questionable. He said a graduated scale, such as increases according to the CPI, would be permissible as it is a calculable sum. Mr. Howell suggested Council adopt the resolution as presented tonight as a general tax, and the money can be earmarked later for special use through the voters or through establishment of a Business Improvement District. Mayor Yates concurred, and stated the funds can be designated during the June budget hearings, and an initiative placed on the ballot in November 1996. Mayor Yates asked for consensus for a 5% handling fee for the collecting organization. MOTION: Mayor Yates moved the City Council adopt Resolution No. 134-95 as amended and under "Be It Further Resolved" add the words "less a 5% handling fee" after the word "designee". The fee schedule will read, 11$15 per event for a one -day event, $20 per event for a two-day event, and $25 per event for a three-day event". The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) • • • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 11, 1995 PAGE 12 MOTION: Councilmember Novak moved the City Council authorize staff to pursue a Business Improvement District. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) MOTION: Councilmember Anderson moved the City Council to instruct staff to bring back a proposal for a ballot measure in time for the November 1996 elections. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) F. ADJOURNMENT The meeting adjourned at 9:09 p.m. Recorded by: Bridgett Bauer City Clerk L 6 NOT = C E OF C = TY COUNC = L WORK SHOP NOTICE IS HEREBY GIVEN that a Workshop of the Morro Bay City Council is hereby called to be held on Thursday, November 30, 1995 at 6:00 p.m. in the Morro Bay Veterans Memorial Building, 209 Surf Street, Morro Bay, California to discuss the City's Parking Management Plan. DATED: November 27, 1995 • Dc.u.Q�/ BRIDGET BAUER, City Clerk City of Morro Bay, California • MINUTES - MORRO BAY CITY COUNCIL PARKING MANAGEMENT PLAN WORKSHOP - NOVEMBER 30, 1995 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 Rodger Anderson Councilmember Colby Crotzer Councilmember Cathy Novak Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Dave Howell City Administrator Rick Algert Harbor Director Bridgett Bauer City Clerk Joe Loven Police Chief Shauna Nauman Senior Planner • Council reviewed the proposed recommendations of the Parking Management Plan made by the Planning Commission. Council discussed and acquired consensus on the following: • 1. Maximize On -Street Parking. As a high priority, diagonal on -street parking should be developed. Emphasis should be on Morro and Market Streets. Besides the low relative cost, this measure also has the advantage of slowing traffic down. Diagonal parking on other streets such as Morro Bay Boulevard and Harbor Street should be considered if safety issues are resolved. Implement "Traffic Calming Techniques. Street designs should include curb configuration and alignments which encourages the reduction of traffic speeds. Such techniques include curb "bulbs" at intersection. 2. Provide Municipal Parking_ with Shuttle Service. Parking lots should be developed on existing City -owned properties. In addition, the City should work with property owners to develop parking lots in the center of existing commercial blocks. Emphasis should be on development of surface parking lots located between the bluff and Main Street to serve both the Downtown and the Embarcadero. 1 3. Reduction of a Portion of the Parking Requirements. The City should reduce the parking requirements as long as the reduction in the required number of off-street parking spaces is tied to a stipulation that the parking provided is for general public use and is signed as "public parking". Public parking has a greater overlap of users than does private parking. This measure may serve as an incentive for persons to park and get out of their car rather than to drive from one private parking lot to another. A waiver of or other benefit could be approved by the Planning Commission if the parking being provided by a developer is dedicated and signed for the general public use. 4. Supporting Bike Lanes. The City should encourage measures which help to get the tourists out of their cars. Such measures include development of transit facilities, bicycle lanes and paths, and pedestrian ways. Council did not approve of the following recommendations and requested their removal from the proposed plan: 1. Implement Measures to Reduce Air Pollution and Energy Use. The City should incorporate regulations which implement the County Clean Air Plan. Said measures shall include a comprehensive transit system, provision of bike paths and bike lanes. • 2. Implementing Metered On -Street Parkina. Should time restrictions not be effective, the City should consider metered parking in specific locations within the Embarcadero. 3. Require Wider Parking Spaces. Standard parking spaces should be a minimum of 9 feet wide to improve accessibility. 4. Reassess the Parking In -Lieu Fee. The parking in -lieu fee is too low to cover the costs of purchasing land and developing parking lots. The City should include an inflation factor in setting the in -lieu fees. Council requested the following recommendations be returned to Council for further review at a future regularly -scheduled City Council meeting: Implement Time Restrictions for On -Street Parkins on the Embarcadero. In order to obtain better usage of on -street parking spaces, certain areas of the Embarcadero should have 4 hour parking time limitations. 1F3me-Test-r4etAetr -9hou d be-the-same-as-the-dewntewn-fueld-Townn}-area- n U • 2. Restricting Parking at Tidelands Park Boat Launch Parking Lot. Parking at the launch ramp should be restricted for boat -trailer parking only and the City should require permits for boat trailer parking. Provision should be made to allow the launching of small hand carried boats without a fee. (Council requested this return with alternatives.) The meeting adjourned at 8:43 p.m. Recorded by: Bridgett Bauer 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - NOVEMBER 27, 1995; 5:00 P.M. CLOSED SESSION - NOVEMBER 27, 1995 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(B), CONFERENCE WITH LEGAL COUNSEL DUE TO SIGNIFICANT EXPOSURE TO LITIGATION Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to two (2) matters. PUBLIC SESSION - NOVEMBER 27, 1995 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MPMENT OF SILENCE EDGE 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 MEETINGS OF SEPTEMBER 25, 1995 AND NOVEMBER 13, 1995; AND THE SPECIAL MEETINGS OF OCTOBER 12, 1995, AND OCTOBER 26, 1995 A-2 STATEMENT OF CASH AND INVESTMENTS - OCTOBER 1995 A-3 EXPENDITURE REPORT - OCTOBER 1995 44 FIRST QUARTER 1995/96 FINANCIAL STATUS REPORT 11 -5 STORM DRAIN MAINTENANCE DISTRICT NO. 1: ESTABLISHMENT OF YEARLY ASSESSMENT FOR TRACT 1231 - THIS ITEM HAS BEEN REAGENDIZED AS ITEM C-2 A-6 RESOLUTION NO. 126-95 APPROVING SUBLEASE AGREEMENT FOR LEASE SITE 91- 92/91W-92W A-7 MEMORANDUM OF UNDERSTANDING FOR PARTICIPATION IN THE SAN LUIS OBISPO COUNTY OPERATIONAL AREA A-8 PROCLAMATION DECLARING NOVEMBER 26-DECEMBER 2, 1995 AS "HOME CARE WEEK" B. UNFINISHED BUSINESS B-1 CONSIDERATION OF ROCK SOLID RECYCLING CONTRACT PERFORMANCE B-2 REVIEW OF COMPUTER PROJECT STATUS REPORT B-3 REVIEW OF CLARK PROPERTY PROGRESS REPORT C. NEW BUSINESS C-1 REPORT ON LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE C-2 RESOLUTION NO. 127-95 ESTABLISHING YEARLY ASSESSMENT FOR TRACT 1231: STORM DRAIN MAINTENANCE DISTRICT NO. 1 �. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 RESOLUTION NO. 128-95 ADOPTING WATER MORATORIUM FINDINGS - TO THE DECEMBER 11. 1995 CITY COUNCIL MEETING F. ADJOURNMENT n U 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 AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. E MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - NOVEMBER 27, 1995 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m. PRESENT: William Yates Mayor Rodger Anderson Councilmember Colby Crotzer Councilmember Cathy Novak Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Dave Howell City Administrator David Hunt City Attorney CLOSED SESSION . E-1 GOVERNMENT CODE SECTION 54956.9(B), CONFERENCE WITH LEGAL COUNSEL DUE TO SIGNIFICANT EXPOSURE TO LITIGATION Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to two (2) matters. 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 5:00 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. • 6 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 27, 1995 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger ABSENT: None STAFF: Dave Howell David Hunt Rick Algert Bridgett Bauer Bill Boucher Janeen Burlingame Jeff Jones Jim Koser Joe Loven Andrea Lueker Shauna Nauman Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Harbor Director City Clerk Public Works Director Administrative Assistant Fire Chief Finance Director Police Chief Recreation and Parks Director Senior Planner Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP There was no Lighten Up this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Councilmember Novak, representing the Commercial Fishermen's Organization, presented Fire Chief Jeff Jones with a check for $100 toward the Children's Fire Safety House. Councilmember Novak also, on behalf of the Commercial Fishermen's Organization, presented Police Chief Joe Loven with a check for $100 toward a new McGruff suit. Police Chief Joe Loven presented Mayor Yates with a Certificate of Appreciation for his support of the Police Department and public safety. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 27, 1995 PAGE 3 Mayor Yates made the following announcements: ♦ California Mens Colony work crews have returned to work one day per week in Morro Bay; ♦ Morro Bay Beautiful members pick up trash around the City on a continuing basis, which is noticed and appreciated; ♦ Zanzibar Street has deteriorated and a quick fix is underway; hopefully, it will be fixed once and for all next year. Councilmember Unger asked for Council's support to add the approval of a resolution requesting the County Board of Supervisors include Morro Bay in the selection of the method for utilizing environmental services on the Chorro Valley Pipeline to tonight's agenda. MOTION: Councilmember Unger moved the City Council add Resolution No. 129-95 requesting the County Board of Supervisors include Morro Bay in the selection of the method for utilizing environmental services on the Chorro Valley Pipeline (Item A-9) to tonight's agenda. The motion was seconded by Councilmember Novak and • carried with Councilmember Crotzer voting no. (4-1) PUBLIC COMMENT Roger Ewing stated signage directing tourists to Old Town was requested last April and still has not been posted. He also addressed the unpermitted work at Silver City Trailer Park and the realigning of Little Morro Creek stating this was done without regard for natural resources, environmentally sensitive habitat, or the safety and health of neighbors. Mr. Ewing said Silver City and Madonna Construction should be held accountable for this travesty and held liable for future damage along the creekbed. Tom Wuriu stated Morro Bay's library was funded by citizens ten years ago and invited everyone to an anniversary celebration on December 1st. Jo Merriman asked about traffic signals at Yerba Buena and Highway 1 and at Elena and Greenwood. He also asked for a progress report on Twin Bridges. Mr. Merriman applauded the installation of the flag pole at the Veterans Hall. Mayor Yates responded pedestrian crossing signs have been installed at Yerba Buena and negotiations are underway with CalTrans regarding a signal; he has never heard of a proposed • light at Elena and Greenwood. Mayor Yates stated the EIR process is still under review for Twin Bridges. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 27, 1995 PAGE 4 Ed Ewing presented Council with a time clock to help with the cost allocation study. He addressed the South T-Pier stating there has never been a list for pier space. Mr. Ewing said the Fishermen's Association wanted the tugboats off the South T-Pier. Ric Deschler addressed Council on the Destination 2000 goals and objectives. Jeri Clark presented Council with petitions holding 75 signatures from citizens upset with the unpermitted work being done at Silver City Trailer Park and creekbed construction. John Barta thanked Chuck Clarke for his service as Chairman of the Planning Commission. Mayor Yates closed the hearing to public comment. DECLARATION OF FUTURE AGENDA ITEMS Mayor Yates asked to revisit the issue of signage for Old Town; and the status of the Destination 2000 report after January 1, 1996. . Councilmember erateer Novak stated the League of California Cities requested the appointment of a legislative delegate and asked for agenda time to discuss such an appointment. 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 MEETINGS OF SEPTEMBER 25, 1995 AND NOVEMBER 13, 1995; AND THE SPECIAL MEETINGS OF OCTOBER 12, 1995, AND OCTOBER 26, 1995 Mr. Howell recommended Council approve the minutes as submitted. A-2 STATEMENT OF CASH AND INVESTMENTS - OCTOBER 1995 Mr. Howell recommended Council receive the report for information. A-3 EXPENDITURE REPORT - OCTOBER 1995 Mr. Howell recommended Council approve the report. A-4 FIRST QUARTER 1995/96 FINANCIAL STATUS REPORT • Mr. Howell recommended Council receive the report for information. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 27, 1995 PAGE 5 • A-5 STORM DRAIN MAINTENANCE DISTRICT NO. 1: ESTABLISHMENT OF YEARLY ASSESSMENT FOR TRACT 1231 This item was reagendized as Item C-2. A-6 RESOLUTION NO. 126-95 APPROVING SUBLEASE AGREEMENT FOR LEASE SITE 91-92/91W-92W Mr. Howell recommended Council approve Resolution No. 126-95 consenting to a sublease of a portion of Lease Site 91-92/91W-92W to Ken Estrada for operation of a retail gift and decorative art gallery. A-7 MEMORANDUM OF UNDERSTANDING FOR PARTICIPATION IN THE SAN LUIS OBISPO COUNTY OPERATIONAL AREA Mr. Howell recommended Council authorize the Mayor to sign a Memorandum of Understanding with the County of San Luis Obispo for the City of Morro Bay to participate in the San Luis Obispo Operational Area. A-8 PROCLAMATION DECLARING NOVEMBER 26-DECEMBER 2, 1995 AS "HOME CARE WEEK" • Mr. Howell recommended Council adopt the Proclamation declaring November 26 - December 2, 1995 as "Home Care Week". A-9 RESOLUTION NO. 129-95 REQUESTING THE COUNTY BOARD OF SUPERVISORS INCLUDE MORRO BAY IN THE SELECTION OF THE METHOD FOR UTILIZING ENVIRONMENTAL SERVICES ON THE CHORRO VALLEY PIPELINE Mr. Howell recommended Council approve Resolution No. 129-95 requesting the County Board of Supervisors include Morro Bay in the selection of the method for utilizing environmental services on the Chorro Valley Pipeline. Councilmember Crotzer pulled A-1 and A-4 from the Consent Calendar; Mayor Yates pulled Item A-6; and Councilmember Anderson pulled A-9. MOTION: Councilmember Crotzer moved the City Council approve the Consent Calendar with the exception of Items A-1, A-4, A-6, and A-9. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 27, 1995 PAGE 6 • A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF SEPTEMBER 25, 1995 AND NOVEMBER 13, 1995; AND THE SPECIAL MEETINGS OF OCTOBER 12, 1995, AND OCTOBER 26, 1995 Councilmember Crotzer addressed the September 25th minutes asking what amendment was made. City Clerk Bridgett Bauer responded at the previous City Council meeting, Councilmember Unger requested a paragraph be added on Page 9 stating her reasoning for not supporting the Del Mar Roller Hockey/Basketball Court Project at this time. MOTION: Councilmember Crotzer moved the City Council approve Item A-1. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) A-4 FIRST QUARTER 1995/96 FINANCIAL STATUS REPORT Councilmember Crotzer stated he did not see any mention of the cost savings on the lighting retrofit program. Finance Director Jim Koser responded budget adjustments were not made in this report. He said an adjustment could be made at mid- year and the funds will be redirected. • MOTION: Councilmember Crotzer moved the City Council approve Item A-4. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) A-6 RESOLUTION NO. 126-95 APPROVING SUBLEASE AGREEMENT FOR LEASE SITE 91-92/91W-92W Councilmember Anderson stepped down due to a conflict of interest in this matter. MOTION: Councilmember Novak moved the City Council approve Resolution No. 126-95 approving Sublease Agreement for Lease Site 91-92/91W-92W. The motion was seconded by Councilmember Unger and carried with Councilmember Anderson abstaining. (4-0-1) Councilmember Anderson returned to his seat on the Council. A-9 RESOLUTION NO. 129-95 REQUESTING THE COUNTY BOARD OF SUPERVISORS INCLUDE MORRO BAY IN THE SELECTION OF THE METHOD FOR UTILIZING ENVIRONMENTAL SERVICES ON THE CHORRO VALLEY PIPELINE Councilmember Anderson stated he questions if good intentions will complicate matters regarding legal or public works issues. • LJ MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 27, 1995 PAGE 7 Public Works Director Bill Boucher responded his only concern is in regard to intimations of breach of contract in Segment I, as stated in the resolution; otherwise, he feels the overall content is fine. City Attorney David Hunt stated there appears to be no legal problems with the resolution; however, the City does not have any power to enforce it. Councilmember Unger stated the County Board of Supervisors has hired BioSystems Analysis at a cost of $700,000 for Segment I of the Chorro Valley Pipeline; her intent with this resolution is to avoid such a large expenditure on Segment II of the project. Councilmember Crotzer asked who was responsible for selecting a consultant to mitigate environmental concerns? Mr. Boucher responded the City has a contract which allows the County to select someone on the City's behalf. He said this Council has not taken any action to take over management of environmental mitigation. Councilmember Crotzer stated he was certainly in favor of saving money on the cost of State Water; however, there is an issue of who should select the credible agency for environmental mitigation. MOTION: Councilmember Unger moved the City Council approve Resolution No. 129-95 requesting the County Board of Supervisors include Morro Bay in the selection of the method for utilizing environmental services on the Chorro Valley Pipeline. The motion was seconded by Councilmember Anderson and carried with Councilmember Crotzer voting no. (4-1) Mayor Yates called for a break at 7:05 p.m.; the meeting resumed at 7:20 p.m. B. UNFINISHED BUSINESS B-1 CONSIDERATION OF ROCK SOLID RECYCLING CONTRACT PERFORMANCE Public Works Director Bill Boucher evaluated the proposal from RALCCO/ECOSLO. He reviewed several options for Council's review and requested direction from Council. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 27, 1995 PAGE 8 • MOTION: Mayor Yates moved the City Council approve the assignment of the Rock Solid contract to RALCCO for the remainder of the ECOSLO contract, in acknowledgement that there are temporal constraints and certain modifications to the contract necessary to effect this action; and to authorize and direct the City Administrator to execute documents appropriate to reflect this action. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) MOTION: Mayor Yates further moved the City Council direct staff to pass on the $100,000 savings in the assignment of this contract to the Morro Bay rate payers. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) B-2 REVIEW OF COMPUTER PROJECT STATUS REPORT Finance Director Jim Koser reviewed the status of the computer project. Mayor Yates commented his vision includes reception of letters scanned electronically for Councilmembers. • Mr. Koser responded scanning correspondence is not part of the original plan, but would be easy and inexpensive to implement in the near future. He stated it will be possible to scan official correspondence onto CDs for both file storage and immediate availability. Mayor Yates stated there is.much interest in facilitating public access to City records, and possibly a terminal could be set up in City Hall or the library for people to conduct research. He said there was Council consensus to work toward a City bulletin board for public access to public documents. Mr. Koser responded he will prepare a report outlining some of the issues and alternatives regarding the Internet or SLONET. He stated his biggest concern is maintenance of useful information. Mr. Koser said he had logged onto SLONET and found much outdated information, but providing current updates is a labor-intensive process and a significant task. Mayor Yates stated each department receives money, and it would make sense to merge all the transactions at the end of each day into Finance Department software. He said the idea is to eliminate steps, such as hand posting to the computer. Mayor Yates also stated his vision is to have each street address in one file, so different departments can check the same address without any breakdown in communication. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 27, 1995 PAGE 9 • Mr. Koser said there are online systems designed specifically for such a purpose: To track permits, issue permits, maintain permit history, and review of permits by all departments. He said some documents, like plans, must be handled physically, but many others can be tracked by computers. MOTION: Councilmember Unger moved the City Council accept the staff report as submitted. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) B-3 REVIEW OF CLARK PROPERTY PROGRESS REPORT City Administrator Dave Howell reviewed the status Clark property application, and recommended Council review the information as to the impacts of processing a de minimis amendment and direct staff accordingly. Senior Planner Shauna Nauman reviewed the impacts of processing a de minimis amendment. City Attorney David Hunt stated spot zoning refers to downzoning a spot which adversely impacts an individual's lot and is a basic land discrimination. He noted this case refers to construction of density requirements and makes the zoning ordinance more • consistent with the General Plan and Local Coastal Plan. Councilmember Crotzer stated there is already a mechanism for someone with acreage to build multiple homes, which is called subdividing. He said in this case, there is a specific need which can be expanded to include everything up to one-half acre. Councilmember Crotzer expressed he is already mildly troubled because the Planning Commission is left out of this process; however, he understands the urgency of allowing the Clarks to rebuild quickly. Mr. Howell stated the de minimis amendment will bring the entire property into conformance, as Mr. Clark has more than three structures on an R-1 lot. Councilmember Novak said she would prefer starting with the de minimis amendment, as protections are already in place concerning slopes, water equivalencies, and more. Councilmember Crotzer expressed his concern of people with larger parcels being able to build a whole bunch of houses. He said he agrees with Councilmember Novak; however, he would rather vote on something which clearly allows people in this situation to be able to rebuild. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 27, 1995 PAGE 10 MOTION: Councilmember Unger moved the City Council direct staff to proceed with the de minimis amendment. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) C. NEW BUSINESS C-1 REPORT ON LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE Councilmember Novak reported on the League of California Cities Annual Conference. Council accepted the report; no further action was taken. C-2 RESOLUTION NO. 127-95 ESTABLISHING YEARLY ASSESSMENT FOR TRACT 1231: STORM DRAIN MAINTENANCE DISTRICT NO. 1 Public Works Director Bill Boucher reviewed the establishment of yearly assessment for Tract 1231 for Storm Drain Maintenance District No. 1. He recommended Council adopt Resolution No. 127- 95 establishing a yearly tax levy of $217.89 per parcel to Tract 1231 for the functioning and administration of Storm Drain Maintenance District No. 1. • MOTION: Councilmember Novak moved the City Council approve Resolution No. 127-95 establishing a yearly tax levy of $217.89 per parcel to Tract 1231 for the functioning and administration of Storm Drain Maintenance District No. 1. The motion was seconded by Councilmember Anderson and carried with Mayor Yates and Councilmember Unger voting no. (3-2) D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 RESOLUTION NO. 128-95 ADOPTING WATER MORATORIUM FINDINGS This item was continued to the December 11, 1995 City Council meeting. F. ADJOURNMENT MOTION: Councilmember Unger moved Council adjourn to Closed Session. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) The meeting adjourned at 8:45 p.m. Recorded by: ridge auer City C rk P NO'a'=CE OF CLOSED SESS=ON MEET = NG NOTICE IS HEREBY GIVEN that the Morro Bay City Council will adjourn from its regularly scheduled meeting on Monday, November 13, 1995 in the Morro Bay Veterans Memorial Building, 209 Surf Street, Morro Bay, California to consider the following: GOVERNMENT CODE SECTION 54956.9(B), CONFERENCE WITH LEGAL COUNSEL DUE TO SIGNIFICANT EXPOSURE TO LITIGATION - significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one matter. • DATED: November 9, 1995 Bridgett auer, City Clerk City of Morro Bay, California of 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. PUBLIC SESSION — NOVEMBER 13, 1995 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. SRUNCIL 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 25, 1995, OCTOBER 9, 1995, AND OCTOBER 23, 1995; AND THE SPECIAL MEETINGS OF SEPTEMBER 27, 1995, AND OCTOBER 19, 1995 A-2 FIRST QUARTER 1995/96 FINANCIAL STATUS REPORT - THIS ITEM HAS BEEN PULLED FROM THE AGENDA A-3 RESOLUTION NO. 125-95 TO SET HARBOR FUND DEBT SERVICE AND FUND INTERIOR MAINTENANCE DREDGING A-4 REJECTION OF CLAIMS AGAINST THE CITY; (ROBERT CAMPBELL) B. UNFINISHED BUSINESS B-1 STATUS REPORT ON URM BUILDINGS — THIS ITEM HAS BEEN PULLED FROM THE AGENDA B-2 REPORT FROM REDEVELOPMENT TASK FORCE CHAIRPERSON • F� ol NEW BUSINESS C-1 CITIZEN REQUEST TO CONSIDER INCREASED PUBLIC ACCESS (SULLIVAN) C-2 CONSIDERATION OF REVISION TO ZONING ORDINANCE C-3 CONCEPTUAL PRESENTATION OF BUSINESS DISTRICT FUND C-4 CONSIDERATION OF APPOINTMENT TO WATER RESOURCES ADVISORY COMMITTEE D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 ORDINANCE NO. 446 ADOPTING TRIP REDUCTION AND TRAVEL DEMAND; (SECOND READING/ADOPTION) D-2 ORDINANCE NO. 447 ADOPTING CENTRAL TRAFFIC DISTRICT BOUNDARY MODIFICATION; (SECOND READING/ADOPTION) D-3 CONTINUED PUBLIC HEARING ON GPA/LCP/ZOA 01-93; DRAFT WATERFRONT PLAN - (CONTINUED TO THE CITY COUNCIL MEETING OF FEBRUARY 13. 1996) 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 AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 1995 VETERANS MEMORIAL HALL - 6:00 P.M. Vice -Mayor Unger called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Rodger Anderson Councilmember Colby Crotzer Councilmember Cathy Novak Councilmember Ahnawake Unger Councilmember ABSENT: William Yates Mayor STAFF: Dave Howell City Administrator David Hunt City Attorney Rick Algert Harbor Director Bridgett Bauer City Clerk Bill Boucher Public Works Director Jim Koser Finance Director Joe Loven Police Chief • Ray MCKelligott led the Pledge of Allegiance. LIGHTEN UP City Attorney David Hunt presented the Lighten Up this evening. COUNCIL REPORTS & ANNOUNCEMENTS Vice -Mayor Unger made the following announcements: ♦ The lighting retrofit of City buildings is almost complete and will result in energy savings of $27,000, amounting to $9,000 this year followed by a $13,500 rebate, which will pay for the project in one year. ♦ The Veterans Hall refurbishment will be complete by the end of December. ♦ The roller hockey rink should be finished in approximately 30 days. ♦ Zanzibar Street has deteriorated even more, so Public Works is performing a quick fix for $15,000. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 1995 PAGE 2 • ♦ Police volunteers are offering free transportation for seniors to the annual Thanksgiving dinner at the Veterans Hall. ♦ Interior harbor dredging will be accomplished this year. ♦ A personal kudo is offered to Finance Director Jim Koser and staff for implementation of a minimum cash balance program to maximize interest savings, which will add $20,000 to $30,000 to City funds. ♦ The Finance Department software contract has been negotiated and the RFP is being prepared for the next agenda. ♦ Chuck Clarke resigned as Chairman of the Planning Commission due to health reasons. ♦ The Salvation Army needs volunteers; Del Mar School is asking for volunteer chess teachers. ♦ A special meeting of the Public Works Advisory Board will be held November 15th to discuss the Chorro Valley Pipeline with the County. Councilmember Novak announced a bulletin board will be installed • at Young's Giant Food very soon for public announcements. Councilmember Anderson announced he rode along with Police Officer Sue Murphy on Friday, November loth, and recommended the experience to everyone. PUBLIC COMMENT Roger Ewing stated he is in favor of Item C-1 (Citizen Request to Consider Increased Public Access) because an enlightened and informed public is a smart, voting electorate; he urged Council to agendize this item for a public hearing. Mr. Ewing also addressed Item C-2 (Consideration of Revision to Zoning Ordinance) stating the Clark situation is reprehensible, and an insult has been added to injury by the Planning Department. Lynda Merrill expressed appreciation for the bulletin board at Young's Giant Food and offered her assistance in keeping documents up to date. She expressed support for Item C-1, stating there are many interested citizens who are not able to attend meetings. Ray McKelligott agreed with Ms. Merrill about the benefits of televising City Council and Planning Commission meetings, as well as other City functions; he asked for this item to be agendized 40 as a public hearing. • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 1995 PAGE 3 Ann Freeman also spoke in favor of Item C-1, stating the City of San Luis Obispo broadcasts meetings on radio. She said newspapers do not offer a clear picture of Morro Bay activities and hopes Council will facilitate the proposal. Barbara Playan addressed the proposed signal at Yerba Buena and Highway 1 and asked how citizens can help to move the process along. Vice -Mayor Unger closed the hearing to public comment. COUNCIL —DECLARATION OF FUTURE AGENDA ITEMS Councilmember Novak requested an item be agendized to report on the League of California Cities Annual Conference. Councilmember Crotzer asked about the status of a public hearing on water rates, particularly the price for one to three units. Public Works Director Bill Boucher stated there will be a hearing at the Public Works Advisory Board on Wednesday, December 13, 1995, at the Community Center. Councilmember Crotzer stated it appears the subject will not come before Council until early 1996. Vice -Mayor Unger asked if a agenda date has been set regarding parking for commercial fishermen at the launch ramp; she also asked for an agenda date for the one -stop shop concept. City Administrator Dave Howell responded a meeting on the launch ramp parking lot will be held on November 16th with Councilmember Novak, Police Chief Joe Loven, Harbor Director Rick Algert, and several fishermen. He also stated the Community Development Department Management Audit needs to be completed before there can be further discussion on the one -stop shop concept, and the item should come to Council the first or second meeting in January 1996. 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 25, 1995, OCTOBER 9, 1995, AND OCTOBER 23, 1995; AND THE SPECIAL MEETINGS OF SEPTEMBER 27, 1995, AND OCTOBER 19, 1995 Mr. Howell recommended Council approve the minutes as submitted. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 1995 PAGE 4 • A-2 FIRST QUARTER 1995/96 FINANCIAL STATUS REPORT This item was pulled from the agenda. A-3 RESOLUTION NO. 125-95 TO SET HARBOR FUND DEBT SERVICE AND FUND INTERIOR MAINTENANCE DREDGING Mr. Howell recommended Council approve Resolution No. 125-95 to set Harbor Fund Debt Service and fund interior maintenance dredging. A-4 REJECTION OF CLAIMS AGAINST THE CITY; (ROBERT CAMPBELL) Mr. Howell recommended Council reject the claims filed against the City by Robert Campbell. Councilmember Novak requested Item A-1 be pulled from the Consent Calendar. MOTION: Councilmember Crotzer moved the City Council approve the Consent Calendar with the exception of Items A-1 and A-2. The motion was seconded by Councilmember Anderson and unanimously carried. (4-0) A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF SEPTEMBER • 25, 1995, OCTOBER 9, 1995, AND OCTOBER 23, 1995; AND THE SPECIAL MEETINGS OF SEPTEMBER 27, 1995, AND OCTOBER 19, 1995 Councilmember Novak addressed corrections made to the minutes of October 9th (Item C-1/page 17) and October 23rd (Item B-1/page 6- typo); amendments are in Council packets for review. Vice -Mayor Unger stated she also made corrections to the minutes of September 25, 1995 regarding her opposition to the funding for the proposed roller hockey rink, and asked the City Clerk to include her reasons for voting against the rink. The City Clerk was asked to make these corrections and return the minutes of September 25, 1995 for Council approval on November 27, 1995. MOTION: Councilmember Novak moved the City Council approve the minutes of October 9, 1995 and October 23, 1995 as amended; and also approve the minutes of September 27, 1995 and October 19, 1995. The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 1995 PAGE 5 • B. UNFINISHED BUSINESS B-1 STATUS REPORT ON URM BUILDINGS This item was pulled from the agenda. B-2 REPORT FROM REDEVELOPMENT TASK FORCE CHAIRPERSON Redevelopment Task Force Chairman Nick Mendoza presented the Task Force update report to Council. The Task Force was created by the City Council to investigate and evaluate the feasibility of formation of a Redevelopment Agency. It is recommended by the Task Force the City Council not pursue formation of a Redevelopment Agency at this time, Council dissolve the Redevelopment Task Force, and focus its efforts and resources on local economic vitality issues and projects. Consensus of the Council was to accept the Task Force recommendations and take no further action. C. NEW BUSINESS C-1 CITIZEN REQUEST TO CONSIDER INCREASED PUBLIC ACCESS (SULLIVAN) • A report was given by citizen Nelson Sullivan regarding Cable TV broadcasting of City public meetings. He said he believes televised City meetings will reduce community divisiveness on various issues. Mr. Sullivan stated part of the franchise fee should be used to pay start-up costs of $5 per person and asked Council to direct staff to negotiate for a better price from Sonic and then bring the issue back for public discussion. Jeff Smith, General Manager of Sonic Cable TV, addressed Council on public access stating it could result in less public participation in City government. Mr. Smith presented the City with franchise fees from Sonic Cable TV. He said a dedicated line would cost somewhere between $35,000 and $50,000, and there would be additional costs for production gear and cameras operated by volunteers. Vice -Mayor Unger stated this is a good idea, and suggested staff review the issue and return with a cost analysis at the mid -year budget review. Councilmember Anderson stated he would like consideration given to radio as well, because some people have microwave dishes and others do not subscribe to cable at all. He believes the cost would be less by utilizing radio instead of television. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 1995 PAGE 6 • Councilmember Novak expressed concern with the costs of live broadcasting. She said recorded broadcasts and/or radio would be feasible, less expensive alternatives. Councilmember Novak concurred with Vice -Mayor Unger in directing staff to pursue the subject. Councilmember Crotzer stated the money is paid by consumers, if Mr. Sullivan's figures are correct. He said the City manages the $15 per person paid for cable, and the money should be used for franchise service benefits for citizens. Councilmember Crotzer stated he believes the benefit of more people listening to Council would override the potential loss of a live audience. He said the $17,000 check should be passed through the City government to community access, and he agreed taped broadcasts would be suitable. MOTION: Councilmember Crotzer moved the City Council direct staff to contact the cable franchise supplier and obtain specific costs for broadcasting public meetings; if that money is found to be a necessary franchise fee on the part of subscribers, then this use should take priority. Staff is further directed to bring back a report to Council at a date certain. The motion was seconded by Vice -Mayor Unger. • Councilmember Novak stated franchise fees are used by the General Fund for many different services, which could cause a problem if this money was directed specifically for public broadcasting. Vice -Mayor Unger stated Council is directing staff to investigate the subject only, with no commitment towards funding. Mr. Hunt clarified determining priority is a first step toward spending money. He said there is a difference between directing staff to investigate and directing staff to prioritize utilization of franchise funds. Finance Director Jim Koser stated the cable franchise fee is not the only one the City receives, and he is concerned with prioritizing this fee, and thus setting precedent with the other sources. Mr. Hunt stated this motion expresses Council policy and directs staff to analyze the subject with policy in mind. Councilmember Anderson asked if Councilmember Crotzer would remove the priority portion of the motion. He said the research should be conducted, but the priority should not be set. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 1995 PAGE 7 • Councilmember Crotzer stated he is willing to remove the priority section; however, he believes there is legitimate debate on this point. He said the franchise fee from the cable subscriber is a different issue, because the Federal Government intended through the legislation to fund items like public access television. Councilmember Crotzer amended his motion withdrawing the prioritization of the use of franchise fee money. Vice -Mayor Unger accepted the amendment to her second. The motion was unanimously carried. (4-0) Council agreed public radio is a good compromise and should also be pursued. MOTION: Councilmember Crotzer moved the City Council direct staff to pursue broadcasting of City meetings via public radio, including the financial aspect. The motion was seconded by Vice -Mayor Unger and unanimously carried. (4-0) Vice -Mayor Unger called for a break at 7:15 p.m.; the meeting resumed at 7:30 p.m. D. PUBLIC HEARINGS. REPORTS & APPEARANCES is D-1 ORDINANCE NO. 446 ADOPTING TRIP REDUCTION AND TRAVEL DEMAND; (SECOND READING/ADOPTION) Public Works Director Bill Boucher recommended Council conduct a public hearing, and approve Ordinance No. 446 for second reading and adoption. Vice -Mayor Unger opened the hearing for public comment; there was no comment, and the public hearing was closed. MOTION: Councilmember Crotzer moved the City Council adopt Ordinance No. 446. The motion was seconded by Vice Mayor Unger and unanimously carried. (4-0) D-2 ORDINANCE NO. 447 ADOPTING CENTRAL TRAFFIC DISTRICT BOUNDARY MODIFICATION; (SECOND READING/ADOPTION) Public Works Director Bill Boucher recommended Council conduct a public hearing, and approve Ordinance No. 447 for second reading and adoption. Vice -Mayor Unger opened the hearing for public comment; there was no comment, and the public hearing was closed. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 1995 PAGE 8 • MOTION: Councilmember Crotzer moved the City Council adopt Ordinance No. 447. The motion was seconded by Councilmember Novak and unanimously carried. (4-0) D-3 CONTINUED PUBLIC HEARING ON GPA/LCP/ZOA 01-93; DRAFT WATERFRONT PLAN MOTION: Councilmember Novak moved the City Council continue the public hearing on GPA/LCP/ZOA 01-93; Draft Waterfront Plan, to the City Council Meeting of February 13, 1996. The motion was seconded by Councilmember Anderson and unanimously carried. (4-0) C-2 CONSIDERATION OF REVISION TO ZONING ORDINANCE City Administrator Dave Howell presented the history of the Clark property which was affected by the 1995 floods. He requested Council receive this information and direct staff accordingly. Vice Mayor Unger suggested Council consider allowing the Clark's to expand the single family residence with an attached granny unit. City Attorney David Hunt suggested the City Council reagendize further review of this issue to the November 27, 1995 City is Council meeting; Council concurred. No further action was taken on this item. C-3 CONCEPTUAL PRESENTATION OF BUSINESS DISTRICT FUND Councilmember Novak presented the concept of a Business District Fund by charging a $5.00/vendor/event fee, with the exception given to those who have a current City business license. Council consensus was to approve the concept of the proposed fee to outside vendors. C-4 CONSIDERATION OF APPOINTMENT TO WATER RESOURCES ADVISORY COMMITTEE City Administrator Dave Howell requested Council nominate a member and alternate to serve on the Water Resources Advisory Committee to represent the City's interests. MOTION: Councilmember Crotzer moved the City Council re -appoint Councilmember Anderson to serve as the City's representative on the Water Resources Advisory Committee, with Public Works Director Bill Boucher acting as the alternate representative. The motion was • seconded by Councilmember Novak and unanimously carried. (4-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 1995 PAGE 9 MOTION: Councilmember Novak moved the City Council adjourn to Closed Session. The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) F. ADJOURNMENT The meeting adjourned at 8:02 p.m. Recorded by: (Z�& Bridgett Bauer City Clerk • • n • u 0 Da4 A--dol4;;:4 City of Morro Bay Special Joint Meeting Action Minutes PLANNING R. BUILDING DEPARTMENT 595 HARBOR STREET • MORRO BAY, CA 93442 805-772-6210 CITY COUNCIL & PLANNING COMMISSION SPECIAL JOINT MEETING Multi -Purpose Room Community Center Special Joint Meeting 1001 Kennedy Way, Morro Bay Thursday, October 26, 1995 6:00 p.m. Council Members: William Yates, Mayor Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger Planning Commission Members: Charles Clarke, Chairman Janice Peters Dave Elliott John Barta Steve Mathieu I. CALL TO ORDER 1. PLEDGE OF ALLEGIANCE III. ROLL CALL - Meeting began at 6:00 p.m. with Mayor Yates, Councilmembers Anderson, Crotzer, Novak, and Unger; Commissioners Peters, Elliott, Barta, and Chairman Clarke present; Staff present: Dave Howell, Dave Hunt, Philip Sinco, Shauna Nauman and Bonnie Applegate. Commissioner Mathieu arrived at 6:15 p.m. IV. ACCEPTANCE OF AGENDA - Accepted as presented V. ORAL COMMUNICATIONS - There were no members of the public who wished to speak. VI. TOPICS FOR JOINT SESSION Dave Hunt, City Attorney, and Philip Sinco, Assistant City Attorney, gave an overview based upon their memo submitted to the City Council and Planning Commission regarding Conditional Use Permits, Variances and Nonconforming Uses. Due process requirements and the role of the Planning Commission as the permitting body, and the City Council as the appellate body are clarified. The City Attorney emphasized that the procedural roles needed to be watched and governed by fairness and equity. City Council and Planning Commission Special Joint Meeting October 26, 1995 Councilmember Unger stated that she did not have enough time to review and comment regarding the Current and Long-term Projects List because the staff report had only become available the same day as the meeting. She stated that she would not be providing input regarding the list of priorities. The projects listed below were prioritized by Mayor Yates and a consensus of the Council. The City Council members and the Planning Commissioners discussed the following priorities: I. Parking Management Plan: Consensus that this'is a high priority and confirmation that options will be discussed at the public workshop scheduled before the City Council on November 30, 1995. 2. Waterfront Master Plan. Consensus that this is a high priority and verification that there will be a public hearing before the City Council on February 13, 1996 to review the recommendations of the Harbor Advisory Board. 3. Zoning Ordinance and GP/LCP Amendments: This priority project is scheduled for submittal to the State on or before November 3, 1995 after final edits in progress are completed. 4. Harbor Front Parking Lots: Consensus to direct staff to resume processing the Precise Plan for this project so that it can move forward at a later date at the direction of the Council. • 5. Hillside Regulations: The Council voted 4 - 1 (Councilmember Cromer dissenting) to pull this General Plan (Visual Resources Element)/LCP amendment which is at the State Coastal Commission for certification pending additional review by the Planning Commission and City Council. 6. Streamlining: Consensus that this was a dynamic, high -priority goal. Update Waterfront Zone: Consensus that this is still being reviewed and was a medium level priority. 8. Revise Muni Code Section 14.44: Consensus that this is a high priority and that the bonding requirements for public improvements needed to be revised if not already done.. There was a perception among the Council that bonding was still an issue for applicants and needed to be more flexible. Dave Howell clarified that a handout had been developed by the Planning and Building Department outlining alternatives for applicants and that staff would photocopy it and route the information regarding the status of the bonding process to the City Council and the Planning Commission. 9. Definition of Infill: Staff noted that a new definition had been included in the Zoning Amendment package to be reviewed by the Coastal Commission, and that there may still need to be an LCP Amendment. Staff will review and update as needed.. 0 City Council and Planning Commission Special Joint Meeting October 26, 1995 • 10. Update of Muni Code Sec. 13.20: Consensus that work needs to continue on the update of this high priority issue. 11. Sign Ordinance Update Consensus that this is a low priority since most signs have been brought into compliance with current sign regulations and complaints regarding illegal signs are at a minimum. 12. Subdivision/Lot Merger Ordinance Update: Consensus that this is a high priority and that work of the consulting City Engineer regarding preparation of a draft Ordinance should proceed. 13. Grade, Geology and Erosion Control Ordinance: Consensus that this is not a high priority but that if the proposed subdivision ordinance sufficiently addresses the criteria outlining grading and erosion controls, staff should pursue placing in the next zoning ordinance update. 14. General Plan Update: Consensus that this is a high priority; direction to staff to bring forward a cost estimate to have a consultant perform the work of reviewing and updating the 1988 document and to consolidate into the General Plan/Local Coastal Plan the amendments which now exist in errata format. 15. Seismic Safety Element Update: Consensus that staff should investigate an alternative method rather than commit funds to the Joint Cities/County Seismic Safety Element Update. It was felt that perhaps there is a way to glean pertinent information from the document upon its completion. is 16. Quintana/Morro Bay Blvd. Intersection Review: Consensus to put this issue on hold until a project is submitted for the Tri-W Property. 17. New Zoning and General Plan/LCP Amendments: Consensus that there was not enough time to submit new amendments for the current year but that when those were submitted they might include: Potential rezoning of the Caratan Property area; looking at R-2 zoning districts to determine if certain areas of the City should be rezoned to a higher density; the potential for providing more opportunities for light industrial projects; as well as any others that the Planning Commission. may recommend. Councilmember Unger, reading from past Planning Department Project Schedules, questioned the light agendas and requested the status of various individual projects. Shauna Nauman clarified the projects in question and noted that often projects were held up by the applicant's need to submit more information or more complete plans and not because of lack of attention by staff. It was noted by both the City Administrator and Ms. Nauman that many administrative actions are being taken that had been bumped to a Planning Commission determination by the previous Director. In efforts to streamline, staff works with the applicants to modify their projects so a Conditional Use Permit is not needed (i.e., reduce permit to an administrative action). Therefore, there are less discretionary permits heard before the Planning Commission. 0 City Council and Planning Commission Special Joint Meeting October 26, 1995 • C. OPEN DISCUSSION: The City Council and the Planning Commission discussed various mutual concerns. There was no action taken. VII. ADJOURNMENT - Meeting adjourned at 9:30 p.m. The City Council, City Administrator and City Attorney proceeded into a closed session meeting. • 0 01 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. The City shall be committed to this purpose and will provide level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - OCTOBER 23, 1995 PUBLIC SESSION - 6:00 P.M. VETERANS MEMORIAL HALL 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. *COUNCIL 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 STATEMENT OF CASH AND INVESTMENTS - SEPTEMBER 1995 A-2 EXPENDITURE REPORT - SEPTEMBER 1995 A-3 RESOLUTION NO. 122-95 AUTHORIZING CITY ADMINISTRATOR TO EXECUTE PROPOSITION 116 FUND TRANSFER AGREEMENT; SOUTH BAY BOULEVARD BIKE LANES A-4 RESOLUTION NO. 123-95 AUTHORIZING APPLICATION FOR STATE HIGHWAY ACCOUNT FUNDING FOR SOUTH BAY BOULEVARD RAISING/WIDENING A-5 RESOLUTION NO. 124-95 APPROVING ADDICTION MEDICINE CONSULTANTS, INC. SERVICE AGREEMENT (ALCOHOL & DRUG TESTING) A-6 PROCLAMATION DECLARING NOVEMBER AS "HOSPICE MONTH" A-7 PROCLAMATION IN RECOGNITION OF THE VETERANS OF FOREIGN WARS • 1 &B. UNFINISHED BUSINESS B-1 REVIEW OF MUNICIPAL CODE AD -HOC COMMITTEE WRAP-UP C. NEW BUSINESS - NONE D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 ORDINANCE NO. 446 ADOPTING TRIP REDUCTION AND TRAVEL DEMAND; (FIRST READING/INTRODUCTION) D-2 ORDINANCE NO. 447 ADOPTING CENTRAL TRAFFIC DISTRICT BOUNDARY MODIFICATION; (FIRST READING/INTRODUCTION) D-3 CONSIDERATION OF HIGHWAY ONE/YERBA BUENA TRAFFIC SIGNALIZATION PROPOSAL 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. • IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. OA • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 23, 1995 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 Rodger Anderson Councilmember Colby Crotzer Councilmember Ahnawake Unger Councilmember ABSENT: Cathy Novak Councilmember STAFF: Bill Boucher Acting City Administrator/' Public Works Director Jamie Boucher Deputy City Clerk Dave Fleishman Assistant City Attorney Janeen Burlingame Administrative Assistant Jeff Jones Fire Chief Jim Koser Finance Director Joe Loven Police Chief Andrea Lueker Recreation and Parks Director Shauna Nauman Senior Planner •\ Mayor Yates led the Pledge of Allegiance. LIGHTEN UP Fire Chief Jeff Jones presented the Lighten Up this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates made the following announcements: ♦ The City is represented at the League of California Cities Conference by City Administrator Dave Howell, Councilmember Novak, City Attorney David Hunt, and City Clerk Bridgett Bauer. ♦ He will be on vacation during the next Council meeting. ♦ Welcome to McDonald's, which opened Friday, October 20th. ♦ The dredge, Northerly Island, is at the dock for repairs. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 23, 1995 PAGE 2 is PUBLIC COMMENT Charles Palmer referred to Public Works Director Bill Boucher's statement in a newspaper article, which said increased costs would be incurred for Twin Bridges because of silt deposits at Chorro Flats. Mr. Palmer stated more silt will be collected close to the bridges over time, because only half the land is to be used for silt entrapment. Jeri Clark stated her family is still suffering from the winter floods, due to the City Planning Department not allowing her to build a flood wall. She said she lost her home and income, and is now in danger of losing financial aid because of a stop work order. Ms. Clark accused the City of negligence regarding zoning restrictions. Councilmember Unger stated she has written two or three memorandums about Ms. Clark's situation without results. She asked why something could not be done administratively instead of bringing it up before Council? Councilmember Crotzer stated administratively there are laws that take time, and the Clark's needs are immediate in nature which require direction from Council. • Councilmember Anderson stated he would like either the Planning Department or City Attorney's office review the issue in order not to create a larger problem. Councilmember Unger agreed she would like the Planning Department and the City Attorney to assess the situation before it comes back to Council. She does not want to make a decision which can be reversed under any circumstances. Council requested further review of this matter be agendized for the November 13, 1995 City Council meeting. Ed Ewing addressed Municipal Code 15.32 which sets forth policies and procedures for obtaining City dockage, and does not apply to the tug boats as there is no waiting list for the T-Piers. John Kleinhammer stated he requested assistance during the last Council meeting, and has not received any word on whether parking tickets will be rescinded in the future. He said he is precluded from parking at the launch ramp, which is costing him a tremendous amount of money. Mr. Kleinhammer stated Police Chief Joe Loven is personally responsible for preventing his use of the parking area. Lynda Merrill expressed concern with the way the voting majority • of Council is making financial choices, especially in the case of Del Mar school improvements at $60,000. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 23, 1995 PAGE 3 Roger Ewing addressed traffic problems created by the new McDonald's, and pointed out people are ignoring the new signage on Quintana Road. He said the City should provide police enforcement to avoid accidents. Councilmember Crotzer responded to Mr. Ewing stating Public Works has been asked to collect further data on Quintana Road. He said education and warnings are preferable to immediate enforcement and issuance of citations. Councilmember Crotzer stated the area will be included in the downtown business district and the speed limit will be lowered by 10 mph. 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 STATEMENT OF CASH AND INVESTMENTS - SEPTEMBER 1995 Acting City Administrator Bill Boucher recommended the City Council receive the report for information and file. • A-2 EXPENDITURE REPORT - SEPTEMBER 1995 Acting City Administrator Bill Boucher recommended the City Council receive the report for information and file. A-3 RESOLUTION NO. 122-95 AUTHORIZING CITY ADMINISTRATOR TO EXECUTE PROPOSITION 116 FUND TRANSFER AGREEMENT; SOUTH BAY BOULEVARD BIKE LANES Acting City Administrator Bill Boucher recommended the City Council adopt Resolution No. 122-95 authorizing the City Administrator to execute Proposition 116 Fund Transfer Agreement for the South Bay Boulevard bike lanes. A-4 RESOLUTION NO. 123-95 AUTHORIZING APPLICATION FOR STATE HIGHWAY ACCOUNT FUNDING FOR SOUTH BAY BOULEVARD RAISING/WIDENING Acting City Administrator Bill Boucher recommended the City Council adopt Resolution No. 123-95 authorizing application for State Highway Account Funding for South Bay Boulevard raising/widening. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 23, 1995 PAGE 4 • A-5 RESOLUTION NO. 124-95 APPROVING ADDICTION MEDICINE CONSULTANTS, INC. SERVICE AGREEMENT (ALCOHOL & DRUG TESTING) Acting City Administrator Bill Boucher recommended the City Council adopt Resolution No. 124-95 approving Addiction Medicine Consultants, Inc. service agreement for alcohol and drug testing. A-6 PROCLAMATION DECLARING NOVEMBER AS "HOSPICE MONTH" Acting City Administrator Bill Boucher recommended the City Council adopt the proclamation declaring November 1995 as "Hospice Month". A-7 PROCLAMATION IN RECOGNITION OF THE VETERANS OF FOREIGN WARS Acting City Administrator Bill Boucher recommended the City Council adopt the proclamation in recognition of the Veterans of Foreign Wars. Councilmember Unger pulled Item A-5 from the Consent Calendar. MOTION: Councilmember Anderson moved the City Council approve the Consent Calendar with the exception of Items A-5. The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) • A-5 RESOLUTION NO. 124-95 APPROVING ADDICTION MEDICINE CONSULTANTS, INC. SERVICE AGREEMENT (ALCOHOL & DRUG TESTING) Councilmember Unger questioned page 2 of the staff report which states costs are unknown at this time. She has found the City will have to pay for drug and alcohol testing for Dial -A -Ride drivers and asked how funding will be arranged. Finance Director Jim Koser responded costs will be absorbed for the first fiscal year, otherwise funding will be included in the mid -year budget review. Councilmember Unger stated she would like to see the numbers and would rather have this item brought back with accurate costs. Acting City Administrator Bill Boucher stated the resolution before Council tonight is only to contract with Addiction Medicine Consultants, Inc. for implementation of the drug and alcohol testing policy; the actual costs and procedure will be brought back at a future City Council meeting. MOTION: Councilmember Unger moved the City Council adopt Resolution No. 124-95 approving Addiction Medicine Consultants, Inc. Service Agreement for alcohol & drug • testing). The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 23, 1995 PAGE 5 B. UNFINISHED BUSINESS B-1 REVIEW OF MUNICIPAL CODE AD -HOC COMMITTEE WRAP-UP Morro Bay Municipal Code Ad -Hoc Committee Chairman Ric Deschler reviewed the recommendations of the Committee, as well as areas which need work in the future. He said it was impossible to provide a finished document, and the report is limited to highlighting problem areas which department heads, advisory boards, and commissions can resolve over time. Mayor Yates thanked the Committee members for meeting every week for two years, stating their efforts were incredible. Councilmember Crotzer concurred, stating it was an arduous task. He thanked the Committee for finding weak areas, offering a practical beginning place for consolidation of definitions, and easy access to the code book. Councilmember Unger thanked the Committee for their two-year effort resulting in this voluminous and important document. She asked about consultation of each department head while revising the ordinances, and also if the Committee had access to the City Attorney? • Mr. Deschler responded all department heads were contacted, and the Committee either agreed or disagreed with the results. He said the City Attorney was not consulted because of expense; however, department heads and the City Administrator were able to answer questions. Councilmember Anderson added his thanks for the Committee's work. Mr. Deschler noted the third section contains recommendations and should be sent to specific department heads for incorporation whenever a related code issue is addressed. Mayor Yates stated his inclination would be to give the report to staff for implementation within two years, if endorsed by Council. He said the glossary could not be inserted until other work is done, due to text changes. Mr. Deschler suggested a first step would be to hire an intern to check the document for legality and accuracy, and any word changes in the definitions should be studied by the City Attorney. He said a committee member would help with such a study, and then the report should be reviewed by all boards and commissions due to the changed definitions in each chapter. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 23, 1995 PAGE 6 • MOTION: Mayor Yates moved the City Council refer the recommendations to staff for implementation of recommendations with the matter to be returned to the City Council at the January 22, 1996 City Council meeting; and further moved the Alternative Dispute Resolution be a priority. The motion was seconded by Councilmember Unger and unanimously carried. (4-0) Mayor Yates called for a break at 7:10 p.m.; the meeting resumed at 7:20 p.m. C. NEW BUSINESS - NONE D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 ORDINANCE NO. 446 ADOPTING TRIP REDUCTION AND TRAVEL DEMAND; (FIRST READING/INTRODUCTION) Administrative Assistant Janeen Burlingame recommended the City Council conduct a public hearing and introduce and approve Ordinance No. 446 for first reading by number and title only. Mayor Yates opened the hearing to public comment; there was none, and the public hearing was closed. • MOTION: Councilmember Unger moved the City Council approve Ordinance No. 466 for first reading and introduction by number and title only. The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) Mr. Boucher read the ordinance by number and title only. D-2 ORDINANCE NO. 447 ADOPTING CENTRAL TRAFFIC DISTRICT BOUNDARY MODIFICATION; (FIRST READING/INTRODUCTION) Public Works Director Bill Boucher recommended the City Council conduct a public hearing and introduce and approve Ordinance No. 447 for first reading by number and title only. Councilmember Unger asked why the speed limit would be 35 mph between Kennedy Way and Main Street on Quintana Road? Mr. Boucher responded there was no conflict when the road straightens out after Burger King in a northwesterly direction; he stated Council could change the speed limit to 25 mph. Councilmember Unger asked for clarification on the location. Mr. Boucher responded the subject area is between Morro Bay • Boulevard and Kennedy Way on Quintana Road which will have a speed limit of 25 mph. LJ MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 23, 1995 PAGE 7 Mayor Yates said the assumption drivers will slow down to 25 mph at Kennedy Way may not be accurate. Councilmember Anderson stated drivers must slow down as they come into town from the north end of Main Street, so he does not see a problem with the 35 mph speed limit slowing to 25 mph. Councilmember Crotzer said this is a prime example of staff understanding Council's mood and acting in a responsive and expeditious manner; he concurred with staff recommendations. Mayor Yates opened the hearing to public comment; there was none, and the public hearing was closed. MOTION: Councilmember Crotzer moved Council approve Ordinance No. 447 for first reading by number and title only. The motion was seconded by Councilmember Unger and unanimously carried. (4-0) Mr. Boucher read the ordinance by number and title only. D-3 CONSIDERATION OF HIGHWAY ONE/YERBA BUENA TRAFFIC SIGNALIZATION PROPOSAL • Public Works Director Bill Boucher reviewed the staff report and recommended the City Council conduct a public hearing, determine whether a signal is responsive to the City's request to improve pedestrian safety, determine the priority category for implementation of the project and direct staff accordingly. Mayor Yates opened the hearing to public comment. Harry Rogers stated it is unfortunate the town is divided in many ways, including the highway. He stated a signal will not guarantee there will be no more accidents, and the CalTrans study indicates it is not desirable. Mr. Rogers stated he believes major arteries are designed to carry traffic swiftly and expeditiously. Lynda Merrill stated the intersection is both repelling and terrorizing for pedestrians and even drivers. She said she would like Morro Bay to become more pedestrian -oriented, and a signal will open up the beach for North Morro Bay residents. Ms. Merrill stated she cares a lot about the financial condition of the City and feels this project is reasonably priced. Pam White said her children are instructed to cross only at San Jacinto because of the danger at the Yerba Buena intersection. She said she has heard vacationers renting houses in the area • complaining about the danger. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 23, 1995 PAGE 8 • Jack White stated his children's friends are not allowed to go to the beach because of the danger of this intersection. Mayor Yates closed the hearing to public comment. Councilmember Anderson stated he lives nearby and uses the intersection frequently as both pedestrian and driver, and it takes a bit of dancing to cross this intersection; he suspects elderly people are unable to cross because of the necessity for some haste. Councilmember Anderson stated a number of dangerous intersections between San Luis Obispo and San Simeon have been taken care of at CalTrans expense. He believes safety is a CalTrans responsibility and the City is being blackmailed into participating in the cost due to citizens' emotional response. Councilmember Anderson said he resents CalTrans' insistence the City share the costs. Mayor Yates asked Mr. Boucher if CalTrans could be pressured into paying for the entire project. He believes the need for a signal at this intersection is there and CalTrans has paid fully for all the other dangerous areas along Highway 1. Mr. Boucher responded traffic counters indicate increased traffic in July 1994. He said Council could emphasize the City's position to CalTrans about safety concerns and responsibility. • Councilmember Unger stated she serves on the San Luis Obispo Regional Transit Authority and knows CalTrans is approximately $5 billion in the hole for 1995/96; she feels this is one reason why CalTrans is seeking City participation in the installment of a traffic signal at Yerba Buena Street. Mayor Yates stated he believes the study is possibly slanted and the statement about only one fatality is erroneous. He asked if Councilmember Unger would try to obtain regional funding. Mr. Boucher stated there is $240,000 in regional funding allocated to unspecified projects, in addition to the $200,000 being utilized for South Bay Boulevard. Councilmember Crotzer stated the building of Main Street bike lanes will encourage walking and bicycling to the beach, instead of driving. He said arterial roads are designed to move traffic expeditiously, which is environmentally important. Councilmember Crotzer stated he is intrigued by the idea of a pedestrian overpass, except for the prohibitive cost and blockage of views. He does not believe a traffic signal is warranted, even though the intersection is a hazard for surfers and elderly alike. Mayor Yates stated he feels a tunnel would be much preferable to • an overpass, in spite of safety concerns. 11 • C, J MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 23, 1995 PAGE 9 Mr. Boucher stated a tunnel would be as expensive as an overpass; however, it could be built all the way to the beach. Councilmember Crotzer expressed concern about drainage and safety at Yerba Buena, although the tunnel would be a drain for water and pathway for pedestrians. Councilmember Unger stated there is a blind curve on Highway 1, and traffic is coming through the area at a great rate of speed which would require warnings and flashing lights to slow southbound traffic. She said she would like to push CalTrans for signs. MOTION: Mayor Yates moved the City Council direct staff write a letter to CalTrans to "push" for warning sign installation by CalTrans; express support for signal to CalTrans; request updated traffic signal study to be prepared in the summer by CalTrans; and lobby CalTrans to fund 100% of signalization akin to previous installations at CMC, Cuesta College, San Jacinto, and Cambria. The motion was seconded by Councilmember Unger and carried with Councilmember Crotzer voting no. (3-1) F. ADJOURNMENT The meeting adjourned at 8:06 p.m. Recorded by: Jamie Boucher Deputy City Clerk a NOT 2 C E O F S P E C= AL MEET 2 NG NOTICE IS HEREBY GIVEN that the Morro Bay City Council will meet on Thursday, October 19, 1995 at 6:00 p.m. in the Morro Bay Community Center Multi -Purpose Room, 1001 Kennedy Way, Morro Bay, California to consider Hoppe's lease site approval; (portion of Lease Site 93-95/93W-95W), and review the agenda materials relating to the meeting with Cayucos Sanitary District. Council will adjourn to the Joint Morro Bay/Cayucos • Sanitary District meeting to be held at 7:00 p.m. at 10 Cayucos Drive, Cayucos, CA. DATED: October 16, 1995 Bridgett B Muer, City Clerk City of Mot -to Bay, California 0 0 • • MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - OCTOBER 19, 1995; 6:00 P.M. COMMUNITY CENTER MULTI PURPOSE ROOM Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: ABSENT: STAFF: PUBLIC COMMENT William Yates Colby Crotzer Cathy Novak Ahnawake Unger Rodger Anderson Dave Howell Mayor Councilmember Councilmember Councilmember Councilmember City Administrator Mayor Yates opened the public comment period; there were no comments and the public hearing was closed. CONSIDERATION OF LEASE SITE APPROVAL FOR PORTION OF LEASE SITE 93-95/93W-95W; (HOPPE) City Administrator Dave Howell outlined the provisions of the lease agreement. Council discussed the conditions of the lease. MOTION: Councilmember Unger moved the City Council approve the lease agreement for a portion of Lease Site 93-95/93W- 95W. The motion was seconded by Councilmember Novak and unanimously carried. (4-0) ADJOURNMENT The meeting adjourned at 6:15 p.m. Recorded by: 1 Dave Howell City Administrator 11 4• 11 AGENDA Wa4®iRYe stio CITY OF MORRO BAY JOINT MEETING CITY COUNCIL/HARBOR ADVISORY BOARD MINUTES A joint meeting of the City Council and Harbor Advisory Board was held Thursday, October 12, 1995 at 6:00 P.M. in the Library Community Room, 625 Harbor Street, Morro Bay, California. L ROLL CALL Boardembers Present: Don Lockwood Chairman Paul Cueni Boardmember Dean Tyler Boardmember Gene Doughty Boardmember Frank Davenport Boardmember Valerie Seymour Boardmember Jody Giannini Boardmember Staff Present: Rick Algert Harbor Director Susan Lichtenbaum Office Coordinator Councilmembers Present: William Yates Mayor Cathy Novak Councilmember Ahnawake Unger Councilmember Colby Crotzer Councilmember Rodger Anderson Councilmember City Staff Present: Dave Howell City Administrator Jim Koser Finance Director Mayor Yates called the meeting to order at 6:05 p.m. H. ORAL COMMUNICATIONS John Kleinhammer reiterated his complaints to City Council regarding parking problems and police citations at Tidelands Park launch ramp parking lot. He would like to see a specific ordinance addressing long-term parking for commercial fishermen in that area. Mayor Yates responded that he had spoken to the Police Chief about the problem and a memorandum will be forthcoming. Mayor Yates said some things need to be ironed out and a trailer storage yard at the ramp is to be avoided. Mr. Meinhammer said there was storage in the harbor which had gone on for years. He said trailered boats have different rules than boats in the water. Dan Milligan of Coastal Boatworks spoke against a proposed industrial capacity haul -out facility. He said a facility of this capacity is impractical, unsafe, and unnecessary, as well as too expensive and environmentally undesirable. He said the pollutants generated from such a facility would be detrimental to the health of area children. City Council/Harbor Advisory Board Joint Meeting - October 12, 1995 Page 3 • Mayor Yates asked about interior harbor dredging occurring during this cycle. Mr. Algert responded staff was working on obtaining the permits. Permits submitted include the Army Corps of Engineers, Coastal Development, and CEQA. There is still a lot more to do, although some major hurdles have been overcome. He hopes the permits can be obtained before the hydraulic dredge leaves. The next question concerns the cost, which will be up to the dredge company. The pipe line dredge Ross Island will arrive in November and leave in February. There is potentially �$200,000 left in the entrance improvement project reserve account. Informally, Council has agreed to spend that money on dredging the mooring area if permits are obtained. He has not asked for formal approval as he is not positive he can get the permits. Mayor Yates asked how much of the mooring area could be done for $200,000. Mr. Algert replied the north and south ends would not be dredged because of eel grass beds. The center section could be restored all the way to the westerly bank. It is the most important and contains about 300,000 yards with cost estimated at $1.50 per yard. There is not enough money to do the whole project. Boardmember Doughty asked if an EIR would be required. Mr. Algert said a Negative Declaration has been completed. Councilmember Cromer asked how the cost was calculated. Mr. Algert said the Corps is paying between $3 and $4 per yard, counting mobilization and everything else. Because mobilization already been paid for and the dredge is already here, the cost per yard would be less. The dredge will be here from November to February, and he hopes the work can be done in February at the end of this cycle at a cost of between $1 and $2 per yard. Councilmember Crotzer asked if it was possible to obtain permits in the time allowed. Mr. Algert said he was • actively pursuing the permits. Mayor Yates asked if Mr. Algert needed a commitment from Council at this time for the $200,000. Mr. Algert said he had been told informally during budget hearings that funding would be in place. Councilmember Anderson expressed concern about cost overruns at the harbor entrance. Council should not be committed to this project if the money is not left over. Boardmember Doughty asked if the mooring area would become a normal maintenance part of the dredging cycle. Mr. Algert said it would not, but it might become part of regular maintenance for the City. He has applied for a five-year permit from the Corps, which would allow dredging to the project depth at any time during the five years. It is hoped the permit can be renewed every five years, in order not to repeat the current situation. Councilmember Unger asked about the boat repair yard. Mr. Algert said the project was first discussed during the Waterfront Specific Plan hearings. Council was supportive of the concept being included in the plan. It would be located near the PG&E pump house. A $2,000 grant has been obtained from the Coastal Conservancy to perform some site planning. At that time, it was determined that both the repair yard and the launch ramp would not fit in that location. The project is conceptual and included for future staff consideration. Chairman Lockwood said Boardmembers recognize it is somewhat foolish to prioritize some items like the •launch ramp, which will be constructed only by grant money. Priorities are not based on money availability, but on importance. City ConncillHarbor AdvisoryBoard Joint Meeting - October 12, 1995 Page 5 Mayor Yates asked that the discussion move along, and focus on setting priorities rather than discussing the . details relating to each proposal. He stated there seemed to be a consensus to keep the Seafood Processing Plant as #2 on the priority list. Councilmember Anderson said he would place the Harbor Office as 93. Councilmember Unger suggested moving new commercial fishing slips higher on the list. Councilmember Novak agreed. Councilmember Crotzer stated his priorities would be 1. interior dredging, 2. seafood processing plant, 3. harbor office, 4. commercial fishing slips. Mayor Yates agreed with Councilmembers Unger & Novak that commercial slips should be moved up. Chairman Lockwood stated he has always been supportive of the commercial fishing industry and has no problems with moving the commercial slips to #3. Mayor Yates stated that the priorities 1-4 would be set as follows: 1. Interior Harbor Dredging 2. Seafood Processing Plant 3. Commercial Fishing Slips • 4. Harbor Office There was consensus on this list with Councilmember Unger objecting to the Harbor Office placement. Mayor Yates suggesting continuing with the prioritization process. Revetment repair was discussed and approved for the 5th priority. The boat repair facility as a potential for #6. Councilmember Crotzer suggested that the boat repair project is too large in scope and scale, if successful it would change the entire character of the waterfront. He would place the Harbor Front Parking lot as 96. Councilmember Novak stated they should keep the boat repair yard as 46. The yard would be built to current strict environmental guidelines and would not be in competition with existing smaller boat repair yards. She noted the yard would not be in competition with Port San Luis either, as it would be aiming at the larger boats. Boardmember Cueni agreed with Councilmember Novak. The boat yard should be kept as #6, especially if new commercial slips are built, there will need to be repair facilities for these larger vessels. He disagreed that the noise level would be too high, he stated noise levels would not be noticeable due to the proximity of the site to the PG&E plant. Mayor Yates agreed that the boar repair yard should stay as #6, any potential environmental concerns can be mitigated. Councilmember Unger agreed. Councilmember Anderson said he was concerned that there would not be a viable market for such a large boat repair facility. Many of the larger vessels plan their haul outs for a trip to •Mexico where the cost is so much cheaper; he noted he was concerned that the City would wind up subsidizing a private business and stated he was not convinced of the need for that size yard. Boardmember Davenport agreed, he would like to see a business plan first to make sure the project is economically viable. City Council/Harbor Advisory Board Joint Meeting -October I Z I995 Page 7 document should go through new public input. He stressed that he appreciates all the hard work that went into • the revision, but felt it needs adequate public review. Councilmember Novak noted that the revised plan covers all the changes, there was no attempt to hide or stop public review. Only changes recommended by Council were made and these changes are clear, there are no hidden changes. Mayor Yates stressed that tonight's meeting was not the time to examine specifics of the Plan. Chairman Lockwood noted that if there have been changes the Harbor Advisory Board should review the Plan again to provide City Council comments and recommendations. Councilmembers Anderson and Unger both agreed with Chairman Lockwood that the Harbor Advisory Board should review the Plan again. Mayor Yates suggested that Councilmember Crotzer could bring up his concerns at the City Council meeting in November. City Administrator Howell said that item is scheduled as a public hearing. Councilmember Unger said the Harbor Advisory Board should review the Plan first, then have a City Council public hearing and Planning Commission review. Mayor Yates stated the item is already scheduled for Council review. It can also be reviewed by the Harbor Advisory Board and come back to Council for final review. City Administrator Howell noted that Council can approve the Plan in concept then have the Harbor Advisory Board and Planning Commission have their reviews prior to adoption of the Plan. Boardmember Davenport wanted to know why Area 5 was separated. Councilmember Novak stated there was not much on Area 5 before. To be able to incorporate all the other things needed for the Harbor Development Plan, Area 5 was expanded. Boardmember Davenport said this issue was what started the whole thing and why it is on the agenda. The Harbor Advisory Board felt it would behoove Council to have Boardmembers look at the changes before the blue book is fully issued and submitted to Council. The Harbor Advisory Board has volunteered to do that. He was shocked to hear the plan is being revised by City staff based on the latest Council direction. What was the direction? The Harbor Advisory Board would like to be in the loop in order to assist Council. Councilmember Novak said she could understand the Harbor Advisory Board going through the document, after the Harbor Development portion is removed. She is willing to help staff take out that portion. The bottom fine is that Area 5 will be removed, because it concerns the Harbor Development Plan. Councilmember Unger stated that type of recommendation should come from the Harbor Advisory Board, not from Councilmember Novak and staff. She agreed with Councilmember Crotzer. To do otherwise would result in a plan written by staff and one Councilmember. Councilmember Crotzer said Councilmember Unger articulated exactly his concern about the process. There is nothing wrong with a Councilmember being creative and putting forward an idea; that is wonderful. The process used to develop this plan has been community -based in the past. Mr. Howell said the 1971 plan has never been rescinded and a lot of folks wonder where the 1,500 new boat slips. It needs to be rescinded and a new plan adopted. The Harbor Advisory Board can look at the plan, revise it, and send it to Council. 0 City CouncillHarbor Advisory Board Joint Meeting -October 1 Z 1995 Page 9 • Mayor Yates asked Councilmember Novak act as a presenter and an information provider, but the debate will stay with the Harbor Advisory Board. Councilmember Unger suggested the staff report from August 14 be included. Councilmember Anderson asked Councilmember Novak to explain to Boardmember Doughty why it is necessary to separate the documents. Mayor Yates said he did not believe Councilmember Novak should participate in arty debate among Harbor Advisory Board members. She should present the facts, make her case, and answer questions. Councilmember Crotzer said staff should explain why the harbor needs to be separated. It need not be Councilmember Novak's responsibility. He would have preferred to have more input into the report or prepared one of his own. The idea is not to lobby advisory boards, but Councilmember Novak will be shaping the debate of the Harbor Advisory Board. Councilmember Novak said she was just trying to avoid confusion and aid in understanding the plan Boardmember Seymour said she was confused by what was expected from Harbor Advisory Board members. She said some members are relatively new and not familiar with the gray book. Is Council asking for both books to be reviewed as a unit, or just the blue book as changes. apply to the gray book? Mayor Yates said they would need both. The Harbor Advisory Board could recommend throwing away the • blue book and keeping the gray. Boardmembers could suggest keeping part of Councilmember Novak's recommendations or all of them. In order to address Councilmember Crotzer's concerns, Councilmember Novak would come to the meeting, make the presentation, answer questions, and then leave. Councilmember Cromer said staff should be given some clear, formal direction regarding time. There was no direction to staff to spend any time creating the blue book during the August 14 meeting. Mayor Yates and Councilmember Novak agreed the decision was made in February. Councilmember Crotzer said there was a simple statement in February to Councilmember Novak to find a way to incorporate the unrescinded harbor plan into the current plan. There was permission granted to one Councilmember to work on it. There is staff work involved in this plan, not just Councilmember Novak's time. Boardmember Jody Giannini said he would like to take more time on this important document, and he would like to have both Councilmember Novak and staff attend the meeting. Boardmember Doughty stated the intent of the Waterfront Master Plan was to rescind the 1971 LCP Water/Harbor Plan and to create a new document as a replacement. There was no intention to separate the documents. Chairman Lockwood said the Harbor Advisory Board can take information from Boardmember Doughty and •put all the facts together and then send it back to Council. The Harbor Advisory Board would like to be involved in this matter as Boardmembers have a lot of background information. City CounciYHarbor Advisory Board Joint Meeting - October 12, 1995 Page 11 have increased substantially (35%). It is a matter of concern for many waterfront people. Questions have been • raised regarding fairness, backup documentation, as well as where it will end. He has been placed in a difficult position, as he has no way to explain the numbers. There is a cost allocation study underway, which should indicate what charges are legitimate and appropriate. Mayor Yates agreed the Harbor Department needs to know the financial situation well in advance. He asked Finance Director Tim Koser about the cost allocation study. Mr. Koser responded an initial draft has been prepared for his review, but it is not ready for public dissemination. Most of the field work by the consultant has been completed. The document is being studied for glaring errors, reasonableness, and misunderstandings. After review, it will be forwarded to department heads for comment. A third version will be presented to Council by the second meeting in December. Mayor Yates said overhead allocations to the General Fund should be based on actual cost allocations from this study. There will probably be increases, but not 35 percent. He would support the recommendation of paying back the General Fund debt at $60,000 per year until it is paid in full. Chairman Lockwood said he would like Council to make a resolution supporting the concept of a fixed payment of $60,000 per year until the Harbor Fund debt to the General Fund is satisfied. He asked Council for a formal resolution. Councilmember Crotzer stated the future is unknown. There is argument about whether or not the debt is genuine. If the City's General Fund falls into a needy situation from some catastrophe, a loan should be called. That is an argument against the proposed repayment schedule. A simple binding resolution should contain an escape clause, even if it is not needed in the future. However, he would tend to go along with Mayor Yates on both counts. For planning purposes and equity, the schedule makes sense to him. Councilmember Novak also supported repayment of $60,000, $60,000 and $54,300 over three years. She did not like the idea of an escape clause; the Harbor Fund has a specific purpose and should not be raided. Mayor Yates said a resolution should be included on the next Council Consent Calendar. Chairman Lockwood thanked Council for its support. He said Boardmember Davenport is the Harbor Advisory Board resident expert on cost allocation, and he has indicated a willingness to participate in discussions. Boardmember Davenport said the Harbor Advisory Board felt the Harbor Department was getting ever so slightly raped by the City. He reviewed several years of data, and it appears there has been no plan. The Harbor Fund has been used to provide whatever funds needed by the City. Will the cost allocation study be Morro Bay specific, or will it bear some resemblance of reason to other cities with other kinds of needs? Will it be just a straight percentage basis by head count, by payroll, by category, by what? He said he did not need an answer tonight. He is offering to work with the City to see if the study is reasonable. Mr. Koser said the cost allocation plan is designed to break down functions into percentages by departments. There is a different rationale for each aspect of cost. The information will be available and will be able to be audited. The plan will provide a level of detail and sophistication not utilized previously. Councilmember Unger asked if the allocation information will be available to the Recreation and Parks •Commission and the Public Works Advisory Board. Mr. Koser said the plan works by showing the breakdown of specific areas of service and demonstrates the basis of cost allocation. Councilmember Unger said the various boards needed to know how cost allocations were derived. City CounciLlHarbor Advisory Board JointMeedng -October 12. 1995 Page 13 •Mayor Yates said the City street sweeper could be utilized. Councilmember Unger asked about the City Recreation and Parks Department. Boardmember Doughty commented the Estero Surf Club picks up the beach for the City. Mayor Yates said he was grateful for their help, and he does receive comments on the cleanliness of the Rock beach versus Cayucos beach. Mr. Algert said Recreation and Parks is under the same temporary salary constraints as everyone else. Department staffs anticipated CMC would be there when the budgets were set. The service is gone and now everyone is trying to cover the situation. Mayor Yates thanked Boardmembers for their efforts. He stated he understood they felt Councilmembers did not listen to them, but that is not the case. Councilmembers know the Boardmembers work hard on behalf of the City and their efforts are appreciated. V. ADJOURNMENT This meeting was adjourned at 8:30 p.m. Submitted by: Susan Lichtenbaum/Mary Leizear n 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - OCTOBER 9, 1995; 5:00 P.M. CLOSED SESSION - OCTOBER 9, 1995 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(A), CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION ♦ Status Report on All Pending Litigation - this is a report on status and no action may be taken on any matter not specifically listed. Council may request a specific matter be agendized in the future for action. ♦ Matter of George Bankruptcy - pending before U. S. Bankruptcy Court, including City of Morro Bay v. Santa Lucia National Bank, pending before the San Luis Obispo Superior Court, and City of Morro Bay v. George, pending before the San Luis Obispo Superior Court. ♦ Matter of Water Rights Applications in Chorro and Morro Valleys - • pending before State Water Resources Control Board. E-2 GOVERNMENT CODE SECTION 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 as to one parcel. PUBLIC SESSION - OCTOBER 9, 1995 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. 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 11, 1995 A-2 RESOLUTION NO. 117-95 SUPPORTING THE LEAGUE OF CALIFORNIA CITIES' RESOLUTION ON SALES TAX REDISTRIBUTION TO INCREASE THE AMOUNT RECEIVED BY CITIES TO 2% A-3 RESOLUTION NO. 115-95 AUTHORIZING MASTER LEASE AGREEMENT AND NOTICE TO BE REIMBURSED A-4 RESOLUTION NO. 114-95 OF SUPPORT FOR ESTABLISHMENT OF REGIONAL NETWORK CONSORTIUM A-5 RESOLUTION NO. 121-95 ACCEPTING APPLICANT STATUS FOR TWIN BRIDGES PROPOSITION 116 GRANT A-6 RESOLUTION NO. 113-95 APPROVING GRANT CONTRACT FOR VESSEL PUMPOUT A-7 RESOLUTION NO. 118-95 IN CELEBRATION OF THE 40TH ANNIVERSARY OF THE MORRO BAY POWER PLANT A-8 APPROVAL OF LOCATION FOR THE FILIPINO NATIONAL HISTORICAL SOCIETY • MONUMENT A-9 APPOINTMENT TO THE PUBLIC WORKS ADVISORY BOARD; (APPLICANT - BATES) A-10 PROCLAMATION DECLARING OCTOBER 1995 AS "MORRO BAY ESTUARY MONTH" A-11 PROCLAMATION DECLARING THE WEEK OF OCTOBER 15-22, 1995 AS "RED RIBBON WEEK" B. UNFINISHED BUSINESS B-1 CONSIDERATION OF QUINTANA ROAD MID -BLOCK CROSSWALK B-2 RESOLUTION NO. 116-95 AMENDING THE OPERATING BUDGET AND MAKING ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR 1994/95 B-3 REVIEW OF MUNICIPAL CODE AD -HOC COMMITTEE WRAP-UP C. NEW BUSINESS C-1 CITIZEN REQUEST FOR COUNCIL TIME TO REVIEW MORRO BAY'S POLICY TOWARD COMMERCIAL FACILITIES; (EWING) C-2 REQUEST FOR FEE WAIVER FOR THE USE OF THE COMMUNITY CENTER; (APPLICANT- SAN LUIS OBISPO COUNTY SYMPHONY) • E ofD. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 RESOLUTION NO. 119-95 IDENTIFYING AND PRIORITIZING TRANSPORTATION - RELATED CAPITAL IMPROVEMENT PROJECTS D-2 APPEAL OF PLANNING COMMISSION APPROVAL OF COASTAL DEVELOPMENT PERMIT 28-95/CONDITIONAL USE PERMIT 11-95 TO ALLOW RE-ESTABLISHMENT OF AN ABANDONED SERVICE STATION AND CONVERSION OF SERVICE BAY AREA TO A MINI -MARKET USE AS A PHASED IMPROVEMENT PROJECT D-3 RESOLUTION NO. 120-95 APPROVING STATE OF CALIFORNIA DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATIONS F. ADJOURNMENT 9 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. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 3 u • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - OCTOBER 9, 1995 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m. PRESENT: ABSENT: STAFF: CLOSED SESSION William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger None Dave Howell David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Crotzer moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. E-1 GOVERNMENT CODE SECTION 54956.9(A), CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION ♦ Status Report on All Pending Litigation - this is a report on status and no action may be taken on any matter not specifically listed. Council may request a specific matter be agendized in the future for action. ♦ Matter of George Bankruptcy - pending before U. S. Bankruptcy Court, including City of Morro Bay v. Santa Lucia National Bank, pending before the San Luis Obispo Superior Court, and City of Morro Bay v. George, pending before the San Luis Obispo Superior Court. ♦ Matter of Water Rights Applications in Chorro and Morro Valleys —pending before State Water Resources Control Board. E-2 GOVERNMENT CODE SECTION 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 as to one parcel. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:45 p.m. 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. Pi • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 9, 1995 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger ABSENT: None STAFF: Dave Howell David Hunt Rick Algert Bridgett Bauer Bill Boucher Jeff Jones Jim Koser Joe Loven Andrea Lueker Shauna Nauman Steve Sylvester Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Harbor Director City Clerk Public Works Director Fire Chief Finance Director Police Chief Recreation and Parks Director Senior Planner City Engineer Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP John Woodruff presented the "Lighten Up". MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates made the following announcements: In Closed Session, the City Attorney announced settlement between the City and Santa Lucia National Bank. A copy of the agreement is available from the City Clerk upon request. The Harbor Festival was a great success; the executive director, board of directors, and 1,100 volunteers are to be commended for their hard work. Kudos to the Lions Club for the installation of American flags along Morro Bay Boulevard. • C, J • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 9, 1995 PAGE 3 The dredging of the harbor continues 24 hours a day, and citizens are urged to wave to dredge operators. Compliments and congratulations to Recreation & Parks Director, Andrea Lueker and staff as they are finalists in the prestigious Helen Putnam Award for Excellence in the AFTA and Teen Advisor Programs at the middle school. Congratulations to Dave Howell for his third place finish in the Triathlon at the Harbor Festival; as well as Mr. Howell, Councilmember Novak, and Ms. Lueker for their first -place finish in the team triathlon. Happy 40th birthday to PG&E; Mayor Yates stated the plant has been a good neighbor for many years. Councilmember Anderson added his congratulations to Ms. Lueker for running a business -like department during these difficult financial times. PUBLIC COMMENT John Kleinhammer addressed Council regarding an ongoing problem he has had with the Police Department citing him for parking violations at the boat launch ramp at Tidelands Park. Mayor Yates requested Police Chief Joe Loven to look into this issue. Police Chief Loven stated an ordinance has been passed by the City which limits parking to 72 hours; he said people want to camp out in their RVs in the launch ramp area, as well as store vehicles for long periods of time. Mayor Yates suggested Council revisit the idea of special permits for commercial fishermen. Ed Ewing said it is difficult to research past City Council resolutions and minutes; he suggested the City put all public records on microfiche or computer disk in the public library. Mr. Ewing agreed something should be done about launch ramp parking. Mary Phillips criticized Mayor Yates in regard to correspondence with the ACLU. She concurred with Mr. Ewing stating she has a lot of trouble obtaining public information. Lynda Merrill addressed Item B-2 (Resolution Amending the Operating Budget and Making Additional Appropriations for Fiscal Year 94/95) stating the staff report is not easy to understand. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 9, 1995 PAGE 4 • Jo L. Merriman said he was glad the Harbor Festival is over, as it is a despicable event. He asked about the status of the State Water pipeline, Twin Bridges, and a signal at Yerba Buena. Charles Palmer said he has been studying the Chorro Flats projects, including the storage of silt and the experimental playground for governmental agencies. He has filed a six -page document with authorities regarding malfeasance and misappropriation of money which may affect the Twin Bridges project. Pat Mackie of Paso Robles addressed the Title 9 Animal Regulation Ordinance stating the City would remain in charge with as much or as little service as desired. He asked Council to send a letter to the County Board of Supervisors expressing support for the task force version of Title 9 and to withhold final agreement until costs are determined. Roger Ewing addressed Item C-1 (Citizen Request for Council Time to Review Morro Bay's Policy Toward Commercial Facilities) and requested a public hearing be agendized, as it will impact the Waterfront Management Plan. He also addressed Item B-1 (Consideration of Quintana Road Mid -Block Crosswalk) stating it should also be agendized as a public hearing. • Ralph Gunther also addressed Item C-1 referring to Measure D. He opposes the use of Harbor funds to settle Tideland Park lawsuits, build new docks, and to support the General Fund. Mr. Gunther complained about the way City staff juggles funds and borrows money. John Woodruff stated the employees of the Inn at Morro Bay have sent him to congratulate the City Council and Chamber of Commerce for the best summer the Inn has ever had. He said employees feel there is an impressive cohesiveness and sense of community in the City. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Unger asked if there is sufficient time remaining to agendize Title 9. She also asked if seismic retrofit of buildings is on a future agenda. City Administrator Dave Howell responded Title 9 can be agendized for the October 23rd Council meeting; however, the Board of Supervisors will hear the item on October 17th. He said seismic retrofit is agendized for the November 13th Council meeting. Councilmember Unger requested a report on the potential cost to the City for Title 9. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 9, 1995 PAGE 5 • Police Chief Loven stated a lot of speculation is involved in cost estimates, and he will provide Councilmember Unger with copies of his documents. Mayor Yates requested the following items be agendized: parking for commercial fishermen at the launch ramp; progress of computer system upgrade; and one -stop shop concept.. 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 11, 1995 Mr. Howell recommended Council approve the minutes as submitted. A-2 RESOLUTION NO. 117-95 SUPPORTING THE LEAGUE OF CALIFORNIA CITIES' RESOLUTION ON SALES TAX REDISTRIBUTION TO INCREASE THE AMOUNT RECEIVED BY CITIES TO 2% Mr. Howell recommended Council approve Resolution No. 117-95 supporting the League of California Cities' Resolution on Sales Tax Redistribution to Increase the Amount Received by Cities to • 2%. A-3 RESOLUTION NO. 115-95 AUTHORIZING MASTER LEASE AGREEMENT AND NOTICE TO BE REIMBURSED Mr. Howell recommended Council approve Resolution No. 115-95 authorizing the Master Lease Agreement and Notice to be reimbursed. A-4 RESOLUTION NO. 114-95 OF SUPPORT FOR ESTABLISHMENT OF REGIONAL NETWORK CONSORTIUM Mr. Howell recommended Council approve Resolution No. 114-95 supporting the establishment of Regional Network Consortium. A-5 RESOLUTION NO. 121-95 ACCEPTING APPLICANT STATUS FOR TWIN BRIDGES PROPOSITION 116 GRANT Mr. Howell recommended Council approve Resolution No. 121-95 accepting applicant status for Twin Bridges Proposition 116 grant. A-6 RESOLUTION NO. 113-95 APPROVING GRANT CONTRACT FOR VESSEL PUMPOUT Mr. Howell recommended Council approve Resolution No. 113-95 approving grant contract for vessel pumpout. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 9, 1995 PAGE 6 A-7 RESOLUTION NO. 118-95 IN CELEBRATION OF THE 40TH ANNIVERSARY OF THE MORRO BAY POWER PLANT Mr. Howell recommended Council approve Resolution No. 118-95 in celebration of the 40th anniversary of the Morro Bay Power Plant. A-8 APPROVAL OF LOCATION FOR THE FILIPINO NATIONAL HISTORICAL SOCIETY MONUMENT Mr. Howell recommended Council approve the placement of a historical monument at Coleman Park. A-9 APPOINTMENT TO THE PUBLIC WORKS ADVISORY BOARD; (APPLICANT - BATES) Mr. Howell recommended Council appoint Meredith Bates to the Public Works Advisory Board. A-10 PROCLAMATION DECLARING OCTOBER 1995 AS "MORRO BAY ESTUARY MONTH" Mr. Howell recommended Council adopt the proclamation declaring October 1995 as "Morro Bay Estuary Month". • A-11 PROCLAMATION DECLARING THE WEEK OF OCTOBER 15-22, 1995 AS "RED RIBBON WEEK" Mr. Howell recommended Council adopt the proclamation declaring the week of October 15-22, 1995 as "Red Ribbon Week". Mayor Yates pulled Item A-1 from the Consent Calendar; Councilmember Crotzer pulled Item A-5; and Councilmember Anderson pulled Item A-6. MOTION: Councilmember Unger moved the City Council approve the Consent Calendar with the exception of Items A-1, A-5, and A-6. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF SEPTEMBER 11, 1995 Mayor Yates made a correction to page 11 as follows: "Mayor Yates said he feels very strongly in favor of vertical access and believes lateral access should be discretionary." MOTION: Mayor Yates moved Council approve Item A-1 as amended. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 9, 1995 PAGE 7 • A-5 RESOLUTION NO. 121-95 ACCEPTING APPLICANT STATUS FOR TWIN BRIDGES PROPOSITION 116 GRANT Councilmember Crotzer stated he is looking for assurance that Proposition 116 bicycle lane money will not be degraded by the substantially greater expense in raising the roadway. City Engineer Steve Sylvester responded Proposition 116 monies in the amounts of $450,000 for Twin Bridges and $300,000 for South Bay Boulevard are controlled by CalTrans, so there is assurance the lanes will be built to required standards. MOTION: Councilmember Crotzer moved the City Council approve Item A-5. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) A-6 RESOLUTION NO. 113-95 APPROVING GRANT CONTRACT FOR VESSEL PUMPOUT Councilmember Anderson asked if grant money is available for the pump -out station? Recreation and Parks Director Andrea Lueker responded the City has been approved for an $8,000 grant if Council approves the resolution. • Councilmember Anderson asked how the station will be supported long term; does the City have to pay for disposal? Ms. Lueker responded there is little maintenance cost and users will not be asked to pay a fee; she added the Department of Boating and Waterways limits user fees and disposal is accomplished through the City sewer system. Councilmember Unger asked if the grant required matching funds from the City? Ms. Lueker responded the grant is for 75% with the City paying 25%; however, Boating and Waterways funded the 25% as well. MOTION: Councilmember Anderson moved the City Council approve Item A-6. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 CONSIDERATION OF QUINTANA ROAD MID -BLOCK CROSSWALK Public Works Director Bill Boucher reviewed the Public Works Advisory Board recommendation not to install such a crosswalk • based upon engineering studies finding there is a lower accident rate at unmarked crosswalks vs. marked crosswalks. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 9, 1995 PAGE 8 Council discussed various traffic safety measures and requested staff return with further information on traffic impact within sixty days after the opening of McDonald's; and further requested staff bring back an ordinance lowering the speed limit on Quintana Road to 25 mph. B-2 RESOLUTION NO. 116-95 AMENDING THE OPERATING BUDGET AND MAKING ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR 1994/95 Finance Director Jim Koser stated the purpose of this report is to provide Council with preliminary financial results of operations for the Fiscal Year ending June 30, 1995. He reviewed expenditures made in Fiscal Year 1994/95 and recommended Council approve Resolution No. 116-95 amending the Fiscal Year 1994/95 budget. MOTION: Councilmember Unger moved the City Council approve Resolution No. 116-95 amending the Operating Budget and making additional appropriations for Fiscal Year 1994/95. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) B-3 REVIEW OF MUNICIPAL CODE AD -HOC COMMITTEE WRAP-UP • This item was continued to the October 23, 1995 City Council meeting. Mayor Yates called for a break at 7:27 p.m.; the meeting resumed at 7:44 p.m. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 RESOLUTION NO. 119-95 IDENTIFYING AND PRIORITIZING TRANSPORTATION -RELATED CAPITAL IMPROVEMENT PROJECTS Public Works Director Bill Boucher reviewed projects recommended for prioritization. He recommended Council designate those projects having the highest priority for the City by adoption of Resolution No. 119-95 identifying and prioritizing transportation related capital improvement projects; direct staff to seek complete funding for projects within Categories 1 through 3 in order of category; and further direct staff to return for individual project scope and funding authorization. Councilmember Unger asked if sources of funding are for regional or local projects, or both? Mr. Boucher responded certain projects like South Bay Boulevard have regional significance. He said the Quintana Road and Main • Street projects as alternatives to Highway 1 could also have regional significance. C, J MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 9, 1995 PAGE 9 Mayor Yates stated he categorized Surf Alley as number two after the fuel dock road washout; Mr. Boucher concurred. Councilmember Crotzer stated his highest personal concern is for non -motorized traffic traveling between Los Osos and Cayucos to Morro Bay's downtown and schools, taking into account bicyclists prefer proximity to the shoreline. He addressed the low-cost items, such as Morro Bay Boulevard design features, do not belong on a long list of expensive road improvements but instead in a different category. Mayor Yates said he could see the connection with transportation, but agreed they could be in a separate category. He asked if the Harbor Front Parking Lot has funding? Mr. Boucher responded the project is ready to go to bid. He recommended funding new spaces with parking in -lieu fees. Mr. Boucher asked for direction to seek total funding and then return to Council for authorization to advertise. Mayor Yates stated there was support at the last Council meeting for locating the maritime museum in the Harbor Front area; he is reluctant to move ahead with the existing design of the parking lot until plans for the museum are developed. • Councilmember Unger asked about shortfalls on Category 1 items. Mr. Boucher responded there is no way to know about Twin Bridges until January when the Federal Highway Administration makes a final determination on its funding share. He said Proposition 116 monies are in place and local matches have been previously identified. Mr. Boucher said the largest potential shortfall is on the South Bay Boulevard raising and widening portion; he said the original estimate was $750,000, however, changes occurred during the winter which will result in revised cost estimates. Mayor Yates opened the hearing to public comment. Jo Merriman expressed concern with poor street conditions in North Morro Bay, and he would like to see wider streets with more lighting. Roger Ewing said the bridge across Morro Creek is a low priority item financially, and signalization of Morro Bay Boulevard and Quintana Road is equally contentious. He said both items require more public input and were not listed in the Sun Bulletin notice. Mary Phillips asked how much the City was going to pay for confiscating property on Radcliffe? • Mayor Yates closed the hearing to public comment. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 9, 1995 PAGE 10 Mayor Yates responded to Ms. Phillips by stating the property on Radcliffe would be acquired not confiscated. He said Zanzibar Street is a high priority for him as it is the worst street in the City. Mayor Yates stated the problems on Surf Alley could result in litigation if they are not resolved. He said the two projects add up to $350,000, which the City does not have. Mayor Yates stated he would like to agendize discussion on Yerba Buena Street as a separate item and requested input from Council. Councilmember Unger said her top priorities are Twin Bridges, South Bay Boulevard, and the Main Street bike path. She agrees with the Mayor regarding Zanzibar Street and Surf Alley. Councilmember Unger requested a separate public hearing to discuss signalization and widening of Morro Bay Boulevard, as well as a Morro Creek bridge. Mayor Yates stated none of these projects could happen without extensive public hearings, and this is an opportunity for prioritization. He said the bridge would have to go through the normal public hearing process if and when Council decides to pursue it. Mayor Yates stated his number one priority is Twin Bridges, including South Bay Boulevard improvements. He said there is funding for the Main Street bike path and it should be done. Mayor Yates stated he does not see the Harbor Front • parking lot as a Category 1 priority. Councilmember Novak stated there is a lot of potential funding for the Harbor Front parking lot, but she does not want staff to spend a lot of time on this item if the maritime museum is placed in this location. Councilmember Anderson said pursuing the Harbor Front parking lot funding should not affect other projects, and he would leave it where it is on the list. Councilmember Crotzer concurred with almost everything which has been said; he believes emergencies and catastrophes have to be dealt with as they come up. Councilmember Crotzer stated the Category 3 items are regionally significant and should be kept in a high priority. Mayor Yates suggested the Harbor Front parking lot move to Category 3 as there is agreement on the importance of Twin Bridges, South Bay Boulevard, Main Street, Zanzibar, and Surf Alley. Mayor Yates asked for and received consensus to move the Harbor Front parking lot to Category 3; delete Category 4; and suggested holding a separate public hearing on the Yerba Buena traffic • signal. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 9, 1995 PAGE 11 • Councilmember Unger suggested moving Yerba Buena to Category 4; she would prefer it not to be thought of as long term. Mayor Yates pointed out a signal at Yerba Buena has not been endorsed by Council, and there is conflicting information from CalTrans. He is reluctant to include it on the list at all until Council decides whether or not it is desired. Mr. Boucher stated the adopted resolution encouraged CalTrans to improve pedestrian facilities. He said the resolution before Council tonight includes language listing highest priority projects and does not include Category 4. MOTION: Mayor Yates moved the City Council approve Resolution No. 119-95 identifying and prioritizing transportation - related capital improvement projects with the following amendments to the category list: Harbor Front parking lot is moved to Category 3 and the Yerba Buena traffic signal is removed from the list. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) City Engineer Steve Sylvester stated all the federal agencies reporting to the Federal Highway Administration have concurred with the Environmental Impact Statement, and the document has • been sent to the FHA for final approval. Mayor Yates asked if the project is still on track for bridge construction on May 1, 1996? Mr. Sylvester responded the good news is the agencies approved the document and the bad news is they took two or three extra weeks to do it. Councilmember Crotzer asked Mr. Boucher about the steepness of Radcliffe? Mr. Boucher responded the steepness of Radcliffe is about 25%, the third steepest street in town. Mayor Yates called for a break at 8:58 p.m.; the meeting resumed at 9:15 p.m. D-2 APPEAL OF PLANNING COMMISSION APPROVAL OF COASTAL DEVELOPMENT PERMIT 28-95/CONDITIONAL USE PERMIT 11-95 TO ALLOW RE-ESTABLISHMENT OF AN ABANDONED SERVICE STATION AND CONVERSION OF SERVICE BAY AREA TO A MINI -MARKET USE AS A PHASED IMPROVEMENT PROJECT Senior Planner Shauna Nauman reviewed the project approved by the Planning Commission on September 5, 1995. On September 14, 1995, Gary Gillman filed an appeal based on unclear environmental • issues, ingress and egress on Morro Bay Boulevard and Kern • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 9, 1995 PAGE 12 Street, the diesel pump, and the parking barrier to the rear portion of the station. Ms. Nauman recommended Council adopt the amended Negative Declaration including additional mitigation measures listed in italics in the report, deny the appeal, and uphold the Planning Commission action affirming approval of CUP 11-95 and CDP 28-95 based on amended findings and amended Conditions of Approval. Councilmember Crotzer referred to the Negative Declaration, page 4, and asked how the noise level would not be increased? Ms. Nauman responded the type of use and surrounding neighborhood indicated the noise impact would be insignificant. Councilmember Crotzer addressed the above -ground diesel storage tank, and asked if there was more potential for odor leakage above ground? Ms. Nauman responded she did not know about odors, but uniform fire code requirements dictate separation from buildings and County Health has requirements for vapor recovery systems. • Councilmember Crotzer asked about the aesthetics of an above- ground tank at the entrance to Morro Bay. Ms. Nauman responded additional mitigation was not required as the islands are in front of the tank; however, Council may consider additional measures. Councilmember Novak asked if there was only one tank, as listed on the data report. Ms. Nauman responded there are two underground tanks and one additional diesel tank is proposed above ground. Mayor Yates said there was an inspection report for one tank and the tanks have been a bone of contention for a long time. Ms. Nauman responded it is her understanding there are two tanks and a tightness test will be required prior to use. Councilmember Unger stated the tightness test on tank number 1 is one year old and is due to be repeated. She said all stations will be required to install lined tanks by 1998, and all large service stations already have them. Councilmember Unger suggested requiring lined tanks for this project and stated she would like • to see more data on both tanks. Councilmember Anderson asked if lined tanks are required now? • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 9, 1995 PAGE 13 Ms. Nauman responded lined tanks or something equivalent is required by 1998, either by replacing existing tanks with double - walled tanks or adding a lining to existing tanks in the ground. She said the applicant would have to do one or the other by that date. Councilmember Anderson asked if this is the only facility in town which does not meet the requirement? Ms. Nauman responded other stations will have to comply by 1998 if they do not already meet the requirements, as County Health tests each station annually. Mayor Yates invited Mr. Gillman and Mr. Wilcox to make their presentations. Gary Gillman, appellant, stated there are some gray areas and his conversations with the County reflect dissatisfaction with this site. He reiterated points made in his appeal, and summed up by saying this applicant has had problems with compliance issues in the past. • Bob Wilcox, project applicant, stated the tanks have been tested and everyone wants this project to go forward. He said he will get the new tanks by 1998 and the new leaseholder has agreed to pay $30,000 toward them. Mr. Wilcox stated he has paid $50,000 in taxes to the City and wants to get on with the project. He said he spends $10,000 each year to fill one tank, which is tested and emptied and then the other tank is filled and tested. Motay Moore, representing American Gas, stated the main issue is tank testing and American Gas will be glad to do that and take any action necessary. Jo Merriman asked if the station could withstand an earthquake? Mayor Yates closed the hearing to public comment. Councilmember Anderson asked Mr. Wilcox if the diesel tank could be placed underground. Are there any above -ground tanks in the City? Ms. Nauman responded there is a propane tank at the U-Haul station. Councilmember Unger stated Mr. Wilcox has not had a good reputation with the City for the past seven or eight years, concerning signs and a truck which was towed away. She stated Mr. Wilcox had a problem with the County regarding tires at his San • Luis Obispo station, which was finally cleaned up and now there is another problem with tires. Councilmember Unger recommended Council insist the new tanks be installed before the station is allowed to open. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 9, 1995 PAGE 14 Councilmember Crotzer stated the site needs to be improved and there are assurances from the County that code requirements will be met. He said the leaseholder will operate under the standards of the American Gas Company. Councilmember Crotzer does not believe old issues of code enforcement are pertinent now, as there are no outstanding liens. He expressed support for denial of the appeal and certification of the Planning Commission's permit approval. Councilmember Novak expressed concern about the tanks and would prefer liners or a bladder be installed first. Councilmember Unger said the applicant has a seven- or eight -year history of code violations, and she would prefer to have assurance the tanks would be double -lined in either phase one or phase two. She said there was no mention of compliance with the 1998 law in the documentation. Councilmember Anderson stated improvement of the property would benefit the community across the board. He said he would like a written guarantee showing the tanks will be in compliance with the 1998 law. Councilmember Anderson stated he understood Mr. • Wilcox needed to generate income in order to meet future tank standards. He asked if Mr. Wilcox would be willing to test the tanks every six months, and he received an affirmative answer. Mayor Yates said the history of code enforcement with the property has been very frustrating, and it would certainly be preferable to improve the station. His concern is there is a lack of trust and Council is nervous about compliance with more assurance needed. Mayor Yates asked for assurances from Mr. Wilcox. Mr. Wilcox promised there would be no further violations. Ms. Nauman recommended an additional condition (#26) to the Conditional Use Permit if no leakage is found: "The applicant shall install double -lined tanks by 1998 or sooner and in accordance with all State and Federal regulations." City Attorney David Hunt stated language can be drafted to state "as currently applicable". He said a condition can be drafted which will hold Mr. Wilcox to the current permit requirements. Ms. Nauman said all URM buildings are on the list, and the status report will come to Council in November. She said this site is on the list, and by 1997 plans will be required to indicate how • remediation will be accomplished. Ms. Nauman said Council could require applicant to provide structural plans before 1997; however, he has the potential to prove his property does not belong on the list. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 9, 1995 PAGE 15 Councilmember Anderson said he would like the diesel tank placed underground. Mayor Yates said there was a general lack of documentation, but the project needs to get off the ground. He asked Ms. Nauman if the mitigation measures in the Negative Declaration were part of the Conditions of Approval. Ms. Nauman stated they were. MOTION: Mayor Yates moved the City Council deny the appeal and uphold the Planning Commission's approval of CUP 11- 95/CDP 28-95, as amended with the addition of Condition No. 26 which will read as follows: "Applicant shall bring the two underground storage tanks into conformance with standards currently required to be enforced under State and Federal law by the end of 1998. This time frame shall not be extended whether or not State and Federal law allows for extension of this responsibility. If State or Federal law requires it sooner, it shall be accomplished by that date." Mayor Yates further moved the diesel tank be placed underground and the italicized additions to the conditions be affirmed and approved by this Council, • including the required mitigation measures. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) D-3 RESOLUTION NO. 120-95 APPROVING STATE OF CALIFORNIA DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATIONS Public Works Director Bill Boucher recommended Council adopt Resolution No. 120-95 approving State of California Department of Housing & Community Development Block Grant applications. Mayor Yates opened the hearing to public comment; there was no comment, and the hearing was closed. MOTION: Councilmember Anderson moved Council approve Resolution No. 120-95 approving State of California Department of Housing & Community Development Block Grant applications. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) C. NEW BUSINESS C-1 CITIZEN REQUEST FOR COUNCIL TIME TO REVIEW MORRO BAY'S POLICY TOWARD COMMERCIAL FACILITIES; (EWING) • Ed Ewing addressed the City Council on Morro Bay's policy toward commercial fishing facilities and the City's compliance of Measure D, and the California Coastal Act. He stated there is a conflict between the use of the Department of Boating and • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 9, 1995 PAGE 16 Waterways money, City ordinances, and the Coastal Act. Mr. Ewing disagreed with Sylvesters' tug boats tying up to the South T-Pier and would like them to move to the North T-Pier. He said according to the LCP, commercial fishing areas may not be taken away unless no longer needed. Mr. Keith Kelsey of Sylvesters' Tug Service responded the company has been a good neighbor to the City since 1950 and is a member of the Commercial Fishermen's Association. He said the company is opposed to moving to the North T-Pier because of public safety concerns in a narrow part of the channel, and also because the South T-Pier is better able to handle heavy equipment. Mr. Kelsey stated the company is a certified first responder in case of an oil spill and has an agreement with the Fire Department for water use in case of fire. He pointed out the tugs are a major reason for funding of harbor dredging and other projects. Councilmember Unger requested clarification on Ordinance No. 207, which Mr. Ewing had referred to. City Attorney David Hunt responded Ordinance No. 207 was found to be unconstitutional; however, has been replaced by Ordinance No. • 263. He said there is a very strong argument that the use of Sylvesters' tugs is clearly incidental to commercial fishing and it is highly likely the Superior Court would concur. Councilmember Unger asked how the tugs aid fishermen? Mr. Hunt replied the tugs would be available to tow a commercial vessel as well as to place booms in case of an oil spill. He said there will be conflicting testimony, but Council does not have the evidence to debate the issue. Councilmember Unger stated the number one priority of the City is towards commercial fishing. She said there should be some way tugs and fishing boats can work out the problems, but she wants to protect commercial fishermen. Councilmember Unger stated there is no room for a fleet of 300 fishing boats with the tugs taking up 85' of South T-Pier. Harbor Director Rick Algert stated he has never seen that many boats enter the harbor. He said fishing boats do have to raft up against each other occasionally. Mayor Yates asked if a fishing boat has ever been turned away in Mr. Algert's five years as Harbor Director? Mr. Algert responded there has always been a solution to that dilemma. SMayor Yates stated all boats have always been accommodated. He said it was acceptable to Mr. Ewing to have the tugs at the North T-Pier, but not on the South T-Pier. Mayor Yates stated he is supportive of both the fishermen and Sylvesters Tug Service. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 9, 1995 PAGE 17 MOTION: Mayor Yates moved the City Council continue past 11 p.m. to complete the agenda. The motion was seconded by Councilmember Novak and carried with Councilmember Crotzer voting no. (4-1) Councilmember Novak stated she had taken a poll over the weekend and found not one of the 12 fishermen polled had a problem with the tugs at the South T-Pier. She said she attended the Harbor Advisory Board meeting when the Coast Guard addressed concerns with moving to the inside of the North T-Pier and a report will be forthcoming in May addressing the type of Coast Guard vessel to be docked in Morro Bay in the future. Councilmember Novak pointed out a 44'-47' foot boat may be utilized and it will may have to be docked inside the North T-Pier, forcing the cutter to stay outside. She said she would not want to take a chance of losing the new boat as the Coast Guard is very important to the fishing industry. Councilmember Novak stated it is very expensive to use a commercial towing service, if or the Coast Guard is not available to rescue a fishing boat, while Sylvesters' Tug Service would most likely help if called for such a service She said it looks like dredging funding in the future would come from the Department of Boating and Waterways, which gets its funding from gas taxes. • Councilmember Anderson stated he spoke with Mr. Ewing and other commercial fishermen and he does not sense the same opposition from the others. He said the tugs contribute to the commercial tonnage in the harbor. Councilmember Anderson stated he understands Measure D to address commercial boats as opposed to pleasure boats, or working boats as opposed to yachts. He said they all work together to protect the environment and the fishing industry, and perhaps there could be some compromise in the future. Councilmember Unger suggested the following amendment to Section 30234 of the Public Resources Code: "Facilities serving the commercial fishing and recreational boating industries shall be protected and where feasible upgraded. Existing commercial fishing and recreational boat harbor space shall not be reduced unless the demand for these facilities no longer exists or adequate substitute space has been provided ... not to interfere with the needs of a commercial fishing industry." Councilmember Novak noted these issues will be addressed in the Harbor Development Plan, where areas will be identified for new commercial slips in order to help the commercial fishermen. Mayor Yates stated a solution must be found, even though the rest 40 of the fishing community is not complaining. He said it seems rafting works well, whether the tugs are there or not. • • 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 9, 1995 PAGE 18 MOTION: Mayor Yates moved the City Council table this item, continue support for the commercial fishing industry, and also continue support for Sylvester's Tug Service at the South T-Pier. The motion was seconded by Councilmember Crotzer and carried with Councilmember Unger voting no. (4-1) C-2 REQUEST FOR FEE WAIVER FOR THE USE OF THE COMMUNITY CENTER; (APPLICANT- SAN LUIS OBISPO COUNTY SYMPHONY) Recreation and Parks Director Andrea Lueker reviewed the staff report and recommended Council choose one of four options regarding a fee waiver. Mayor Yates favored Option 1, after witnessing how much the symphony provided to Morro Bay citizens last year. MOTION: Mayor Yates moved the City Council approve Option 1 - waiving the requested amount of $300 resulting in a charge of $288. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) F. The meeting adjourned at 11:15 p.m. Recorded by: Bridgett Bauer City Clerk • n u AGENDA SAN LU = S O B I S PO COUNT Y 4-=rw COUNCSLS SPECIAL JOINT CITY COUNCIL MEETING WEDNESDAY, SEPTEMBER 27, 1995; 7:00 P.M. MORRO BAY COMMUNITY CENTER 1001 KENNEDY WAY, MORRO BAY, CA MOMENT OF SILENCE PLEDGE OF ALLEGIANCE WELCOME AND OPENING REMARKS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Joint City Councils may do so at this time. When recognized by Mayor Yates, please come forward to the podium and state your name and address for the record. Comments are limited to three minutes; the Public Comment Period will be limited to thirty minutes. •WRITTEN STATEMENT A-1 STATEMENT OF PURPOSE (No action required) NEW BUSINESS B-1 DISCUSSION OF PROPERTY TAX SPLIT BETWEEN CITIES AND THE COUNTY B-2 DISCUSSION OF SAN LUIS OBISPO COUNTY POLICIES REGARDING PROPERTY TAX AND SALES TAX IMPACTS ON CITY ANNEXATIONS B-3 DISCUSSION OF NEED FOR JOINT PLANNING AGREEMENT BETWEEN CITIES AND THE COUNTY FOR AREAS SURROUNDING CITIES (GREENBELT, NON -URBAN SPACE SEPARATIONS) B-4 JPA AND CITY/COUNTY MEMBERSHIP B-5 PRESENTATION ON WASTE MANAGEMENT SYSTEMS AND JPA B-6 ANNUAL MEETINGS ADJOURNMENT 1 • MINUTES - JOINT CITY COUNCIL SPECIAL MEETING - SEPTEMBER 27, 1995 MORRO BAY COMMUNITY CENTER - 7:00 P.M. Morro Bay Mayor William Yates called the meeting to order at 7:00 p.m. Mayor Yates led the Pledge of Allegiance. ROLL CALL Morro Bay City Council Present: William Yates Mayor Rodger Anderson Councilmember Colby Crotzer Councilmember Cathy Novak Councilmember Ahnawake Unger Councilmember Arroyo Grande City Council Present: A.K. Dougall Mayor Drew Brandy Councilmember Michael Fuller Councilmember James Souza Councilmember • Atascadero City Council • Present: George Highland Mayor R. David Bewley Councilmember George Luna Councilmember Grover Beach City Council Present: Henry Gates Mayor Ronald Arnoldsen Councilmember Marcia Hamilton Councilmember Paso Robles City Council Present: Walter Macklin Mayor James Heggarty Councilmember Steven Martin Councilmember Pismo Beach City Council Present: Paul Bailey Mayor John Brown Councilmember Hal Halldin Councilmember Marian Mellow Councilmember Karl Stahl Councilmember 1 San Luis Obispo City Council • Present: Allen Settle Mayor Dave Romero Councilmember Bill Roalman Councilmember Kathy Smith Councilmember Dodie Williams Councilmember Welcome and Opening Statements were delivered by Morro Bay Mayor William Yates. A motion was approved by the City Councils to appoint Bridgett Bauer as the Recording Secretary of this Joint City Council Meeting in the following order: Morro Bay - Mayor Yates/Councilmember Novak (5-0) Pismo Beach - Mayor Bailey/Councilmember Stahl (5-0) Grover Beach - Mayor Gates/Councilmember Arnoldsen (3-0) Paso Robles - Mayor Macklin/Councilmember Heggarty (3-0) Atascadero - Mayor Highland/Councilmember Bewley (3-0) Arroyo Grande - Mayor Dougall/Councilmember Souza ((4-0) San Luis Obispo - Mayor Settle/Councilmember Romero (5-0) PUBLIC COMMENT Elaine Anthony, Chairwoman of Title 9 Task Force, addressed the • City Councils on the issue of County Animal Control Regulations. Michael Kovacs addressed the City Councils on population/growth in the County of San Luis Obispo which is over -regulated and over -taxing. Gordon Held addressed the City Councils on the economic development proposal for the County of San Luis Obispo. Mary Phillips addressed the City Councils on recycling incentives in the County. Fred Strong addressed the City Councils on LAFCO and how it causes annexation problems for cities. Ruck Kolemaine addressed the City Councils on the purpose of joint city council meetings stating there is no need for further bureaucracy. Pat Mackey addressed the City Councils on County Animal Control Regulations. Joe Kelly addressed the City Councils on property tax splits between the cities and the County. Carolyn Moffatt addressed the City Councils on the Special • Districts in San Luis Obispo County. F E • Craig Anderson addressed the City Councils on a workshop that will be held on October 20th regarding "Changing of Maps" - the purpose is to guide communities to facilitate urban planning issues. WRITTEN STATEMENT A-1 STATEMENT OF PURPOSE No action was taken on this item. NEW BUSINESS B-1 DISCUSSION OF PROPERTY TAX SPLIT BETWEEN CITIES AND THE COUNTY Morro Bay Finance Director Jim Koser reviewed the report on the equity of the current method of property tax distribution. He recommended each City consider adopting Joint Resolution No. 01- 95 seeking the support of elected officials in the California Assembly and Senate, the League of California Cities, and all other California cities to create a more equitable system for the distribution of property taxes. After discussion Joint Resolution following order: between the City Councils, a motion to approve No. 01-95 was made by the City Councils in the Morro Bay - Mayor Yates/Councilmember Unger (5-0) Arroyo Grande - Mayor Dougall/Councilmember Fuller ((4-0) Atascadero - Mayor Highland/Councilmember Luna (3-0) Grover Beach - Mayor Gates/Councilmember Hamilton (3-0) Paso Robles - Mayor Macklin/Councilmember Heggarty (3-0) Pismo Beach - Mayor Bailey/Councilmember Stahl (5-0) San Luis Obispo - Mayor Settle/Councilmember Roalman (5-0) Consensus of the City Councils was to address this issue at the League of California Cities Annual Conference. B-2 DISCUSSION OF SAN LUIS OBISPO COUNTY POLICIES REGARDING PROPERTY TAX AND SALES TAX IMPACTS ON CITY ANNEXATIONS San Luis Obispo Assistant City Administrative Officer Ken Hampian reviewed the property tax exchange policies and annexation. Mr. Hampian recommended the City Councils direct the city managers to continue negotiations with County staff to establish a consistent, predictable, and equitable county -wide property tax exchange policy; he further recommended the City Councils adopt Joint Resolution No. 03-95 regarding property tax exchange policies and annexation. • After discussion between the City Councils, a motion to approve Joint Resolution No. 03-95 was made by the City Councils in the following order: Morro Bay - Councilmember Unger/Councilmember Novak (5-0) Arroyo Grande - Mayor Dougall/Councilmember Brandy (4-0) Atascadero - Mayor Highland/Councilmember Bewley (3-0) Grover Beach - Mayor Gates/Councilmember Arnoldsen (3-0) Pismo Beach - Mayor Bailey/Councilmember Brown (5-0) Paso Robles - Councilmember Heggarty/Councilmember Martin (3-0) San Luis Obispo - Councilmember Smith/Councilmember Romero (5-0) B-3 DISCUSSION OF NEED FOR JOINT PLANNING AGREEMENT BETWEEN CITIES AND THE COUNTY FOR AREAS SURROUNDING CITIES (GREENBELT, NON -URBAN SPACE SEPARATIONS) Arroyo Grande City Manager Robert Hunt introduced Bob Braitman of Braitman & Associates who reviewed Ventura's guidelines for orderly development which affirmation is that urban -type development should take place within city boundaries. He stated the guidelines strengthen a city's ability to control or review problems within its sphere of influence as well as establish a partnership relationship amongst the cities and County. It was recommended to the City Councils to form a subcommittee comprised of three city managers to initiate discussions with • County staff regarding the establishment of a consistent, equitable county -wide policy on urban development. After discussion between the City Councils, a motion to approve Joint Resolution No. 02-95 indicating the Cities' interest in establishing with the County guidelines for orderly development was made by the City Councils in the following order: Morro Bay - Councilmember Unger/Councilmember Novak (5-0) Arroyo Grande - Mayor Dougall/Councilmember Souza (4-0) Atascadero - Mayor Highland/Councilmember Luna (3-0) Grover Beach - Mayor Gates/Councilmember Hamilton (3-0) Paso Robles - Councilmember Martin/Councilmember Heggarty (3-0) Pismo Beach - Mayor Bailey/Councilmember Mellow (5-0) San Luis Obispo - Mayor Settle/Councilmember Williams (5-0) Mayor Yates called for a break at 9:10 p.m.; the meeting resumed at 9:30 p.m. B-4 JPA AND CITY/COUNTY MEMBERSHIP Grover Beach Mayor Gene Gates addressed the proposed membership between the cities and County in a Joint Powers Agreement; he recommended the cities oppose the proposed JPA. Consensus of the City Councils was to agendize this issue for the • next joint meeting; no further action was taken on this item. 4 • B-5 PRESENTATION ON WASTE MANAGEMENT SYSTEMS AND JPA Paso Robles City Manager Rich Ramirez gave an oral report on this issue. The City Councils received the report for information; no further action was taken on this item. B-6 ANNUAL MEETINGS Morro Bay Mayor William Yates addressed scheduling future Joint City Council meetings on an annual basis. He stated these meetings will cause a unification of the cities that will provide strength to attaining common goals. Mayor Yates announced San Luis Obispo Mayor Allen Settle has offered to host the 1996 meeting. After discussion between the City Councils; consensus was to hold bi-annual meetings to be scheduled on the third Thursday of March and September of each year. No further action was taken on this item. The meeting adjourned at 9:50 p.m. • Recorded by: \ Bridgett Bauer Recording Secretary/City Clerk • 5 • City of Morro Bay ity Council Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - SEPTEMBER 25, 1995; 5:00 P.M. CLOSED SESSION - SEPTEMBER 25, 1995 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(A), CONFERENCE WITH LEGAL REGARDING PENDING LITIGATION ♦ Matter of George Bankruptcy - pending before U. S. Bankruptcy including City of Morro Bay v. Santa Lucia National Bank, before the San Luis Obispo Superior Court, and City of Morro George, pending before the San Luis Obispo Superior Court. COUNSEL Court, pending Bay v. E-2 GOVERNMENT CODE SECTION 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 as to one parcel. PUBLIC SESSION - SEPTEMBER 25, 1995 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 AUGUST 28, 1995 A-2 STATEMENT OF CASH AND INVESTMENTS - AUGUST 1995 4-3 EXPENDITURE REPORT - AUGUST 1995 4 RESOLUTION NO. 110-95 APPROVING OF GRANT CONTRACT TO REPOWER HARBOR PATROL VESSEL A-5 RESOLUTION NO. 108-95 ESTABLISHING OF 20-MINUTE ON -STREET PARKING LIMITATION ADJACENT TO 710 MORRO BAY BOULEVARD A-6 RESOLUTION NO. 111-95 APPROVING THE PUBLIC AREA USE PERMIT FOR CAL POLY CREW PRACTICE AND REGATTA A-7 APPROVAL OF CONTRACT AWARD FOR CITY LIGHT RETROFIT PROJECT; RP96-03 A-8 RESOLUTION NO. 109-95 OPPOSING THE RENTAL ASSISTANCE PROPOSITION THAT WILL PRE-EMPT LOCAL MOBILEHOME RENT CONTROL A-9 PROCLAMATION DECLARING THE MONTH OF SEPTEMBER 1995 AS "U.S. CONSTITUTION OBSERVANCE MONTH" A-10 PROCLAMATION DECLARING THE MONTH OF OCTOBER 1995 AS "CRIME PREVENTION MONTH" A-11 PROCLAMATION DECLARING THE WEEK OF OCTOBER 9-13, 1995 AS "MORRO BAY DIAL -A -RIDE WEEK" B. UNFINISHED BUSINESS B-1 CONSIDERATION OF ROCK SOLID RECYCLING CONTRACT PERFORMANCE 6-2 CONSIDERATION OF MORRO BAY GARBAGE SERVICE 1994 AUDIT B-3 SECOND READING/ADOPTION OF ORDINANCE NO. 445 - ZONING TEXT AND MAP AMENDMENTS; ZOA 05-91/LCP-GPA 03-93 C. NEW BUSINESS C-1 CONSIDERATION OF COUNCIL TERM LIMITS C-2 CONSIDERATION OF JOINT PROJECT WITH CENTRAL COAST MARITIME MUSEUM ASSOCIATION C-3 REVIEW OF DEL MAR ROLLER HOCKEY/BASKETBALL COURT PROJECT STATUS C-4 CONSIDERATION OF ADULT MATERIAL EMERGENCY ORDINANCE D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 CONTINUED PUBLIC HEARING ON PARKING MANAGEMENT PLAN (GPA/LCP 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. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, EASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. L 0 CLOSED SESSION - SEPTEMBER 25, 1995 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m. PRESENT: ABSENT: STAFF: CLOSED SESSION William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger None Dave Howell David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Novak 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 5:00 p.m. and returned to regular session at 5:45 p.m. E-1 GOVERNMENT CODE SECTION 54956.9(A), CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION ♦ Matter of George Bankruptcy - pending before U. S. Bankruptcy Court, including City of Morro Bay v. Santa Lucia National Bank, pending before the San Luis Obispo Superior Court, and City of Morro Bay v. George, pending before the San Luis Obispo Superior Court. E-2 GOVERNMENT CODE SECTION 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 as to one parcel. MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) The meeting adjourned at 5:45 p.m. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 25, 1995 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 Rodger Anderson Councilmember Colby Crotzer Councilmember Cathy Novak Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Dave Howell City Administrator David Hunt City Attorney Rick Algert Harbor Director Bridgett Bauer City Clerk Bill Boucher Public Works Director Jeff Jones Fire Chief Jim Koser Finance Director Andrea Lueker Recreation and Parks Director Shauna Nauman Senior Planner • Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Lighten Up was presented by Nancy Algert. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates made the following announcements: ♦ the harbor dredge is underway; ♦ the issue of locating a traffic signal at Hwy One/Yerba Buena will be on the October 9th agenda; ♦ the Police Department Open House on October 21st will include "Operation Safe Kids" where they will provide services such as bicycle registration and identification services; ♦ there are two special meeting dates to schedule: 1) City Council/Cayucos Sanitary District - October 19th; and 2) City Council/Planning Commission - October 26th. PUBLIC COMMENT Grace Melton addressed the celebration of "Constitution Week". • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 25, 1995 PAGE 3 • Mary Phillips addressed the Council with information received from Senator Jack O'Connell's office regarding AB318 - franchise fees being charged to cities. She also addressed her right to be able to speak to public employees. Eric McCloud expressed support for Item C-3 (Del Mar Roller Hockey/Basketball Court Project Status). Linda Donnelly addressed Item C-4 (Consideration of Adult Material Emergency Ordinance) stating the City should be protected from this sort of business. John Barta also addressed Item C-1 (Consideration of Council Term Limits) stating term limits are not necessary. Harriet Philpott also addressed Item C-4 expressing her support for Council's decision on this issue. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Crotzer requested discussion on water rates for 0-3 units of water used be agendized; City Administrator Dave Howell clarified the Public Works Advisory Board is presently reviewing this issue. • Councilmember Novak requested discussion on the Business District Improvement Fund be agendized. Mayor Yates requested the issue regarding one -stop shop/permit streamlining process be reagendized. 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 28, 1995 Mr. Howell recommended Council approve the minutes as submitted. A-2 STATEMENT OF CASH AND INVESTMENTS - AUGUST 1995 Mr. Howell recommended Council accept the report for information. A-3 EXPENDITURE REPORT - AUGUST 1995 Mr. Howell recommended Council accept the report for information. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 25, 1995 PAGE 4 • A-4 RESOLUTION NO. 110-95 APPROVING OF GRANT CONTRACT TO REPOWER HARBOR PATROL VESSEL Mr. Howell recommended Council approve Resolution No. 110-95 authorizing the Mayor to execute the contract with the Department of Boating and Waterways. A-5 RESOLUTION NO. 108-95 ESTABLISHING OF 20-MINUTE ON -STREET PARKING LIMITATION ADJACENT TO 710 MORRO BAY BOULEVARD Mr. Howell recommended Council approve Resolution No. 108-95 establishing a 20-minute parking limitation space on Morro Bay Boulevard adjacent to 710 Morro Bay Boulevard, and authorizing removal of two existing 20-minute parking spaces on the north side of Morro Bay Boulevard adjacent to Morro Bay City Park. A-6 RESOLUTION NO. 111-95 APPROVING THE PUBLIC AREA USE PERMIT FOR CAL POLY CREW PRACTICE AND REGATTA Mr. Howell recommended Council approve Resolution No. 111-95 authorizing the issuance of Public Area Use Permit Nos. 802/804, with conditions. A-7 APPROVAL OF CONTRACT AWARD FOR CITY LIGHT RETROFIT PROJECT; RP96-03 • Mr. Howell recommended Council award the City-wide Lighting Retrofit contract to Rossi & Carr Electrical, Inc. A-8 RESOLUTION NO. 109-95 OPPOSING THE RENTAL ASSISTANCE PROPOSITION THAT WILL PRE-EMPT LOCAL MOBILEHOME RENT CONTROL Mr. Howell recommended Council approve Resolution No. 109-95 opposing the Rental Assistance Proposition. A-9 PROCLAMATION DECLARING THE MONTH OF SEPTEMBER 1995 AS "U.S. CONSTITUTION OBSERVANCE MONTH" Mr. Howell recommended Council adopt the proclamation declaring the month of September 1995 as "U.S. Constitution Observance Month". A-10 PROCLAMATION DECLARING THE MONTH OF OCTOBER 1995 AS "CRIME PREVENTION MONTH" Mr. Howell recommended Council adopt the proclamation declaring the month of October 1995 as "Crime Prevention Month". MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 25, 1995 PAGE 5 • A-11 PROCLAMATION DECLARING THE WEEK OF OCTOBER 9-13, 1995 AS "MORRO BAY DIAL -A -RIDE WEEK" Mr. Howell recommended Council declare the week of October 9-13, 1995 as "Morro Bay Dial -A -Ride Week". MOTION: Councilmember Crotzer moved the City Council approve the Consent Calendar. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 CONSIDERATION OF ROCK SOLID RECYCLING CONTRACT PERFORMANCE Public Works Director Bill Boucher reviewed the Rock Solid Recycling contract which included issues such as goals for tonnage, reporting, and safety. He recommended Council follow the Public Works Advisory Board recommendation to continue monitoring progress of Rock Solid Recycling until more information is provided with regard to July and August monthly reports. Councilmember Crotzer stated the City should allow Rock Solid Recycling to do their jobs; he does not see the need for further monitoring. • Mayor Yates, Councilmember Unger and Councilmember Anderson agree this service needs further monitoring based on past non- compliance. Councilmember Novak stated Rock Solid Recycling is moving in the right direction and would like to see staff time reduced in the monitoring process. MOTION: Councilmember Unger moved City Council follow Public Works Advisory Board recommendation to continue monitoring progress of Rock Solid Recycling until more information is provided with regard to July and August monthly reports; and directed staff reagendize for further review by Council at their November 27, 1995 meeting. The motion was seconded by Councilmember Novak and carried with Councilmember Crotzer voting no. (4-1) B-2 CONSIDERATION OF MORRO BAY GARBAGE SERVICE 1994 AUDIT Public Works Director Bill Boucher reviewed the 1994 audit of Morro Bay Garbage Service. He stated based on this audit, staff feels Morro Bay Garbage Service is in compliance with the agreement. Mr. Boucher recommended Council accept the Morro Bay Garbage Service 1994 audit. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 25, 1995 PAGE 6 Councilmember Crotzer referred Council to the previous item discussed, and expressed concern with the issue at hand. He referred to the problem of Morro Bay Garbage Service delivering tons of recyclable materials to the landfill. Councilmember Novak stated comparing the two services are not comparing apples to apples; they are two separate issues. MOTION: Councilmember Unger moved the City Council accept the 1994 audit of Morro Bay Garbage Service, and direct staff to monitor the franchise fees and recyclables being delivered to the landfill. The motion was seconded by Councilmember Anderson and carried with Councilmember Crotzer voting no. (4-1) Mayor Yates called for a break at 7:20 p.m.; the meeting resumed at 7:30 p.m. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 CONTINUED PUBLIC HEARING ON PARKING MANAGEMENT PLAN (GPA/LCP 02-93) • Senior Planner Shauna Nauman reviewed the Draft Parking Management Plan and recommendations of the Planning Commission; she requested comment and direction from Council. Mayor Yates opened the hearing to public comment. Roger Ewing stated the problem of employee parking is not adequately addressed and suggested paving the Front Street Parking Lot and using it as a shuttle facility for Embarcadero employees. He advocated four-hour parking downtown as well as on the Embarcadero, in spite of the business survey. Mary Phillips asked about marking handicapped spaces or having time limits of 15 minutes in some spaces where handicapped people could stay longer. She advocated two-hour parking as opposed to four-hour parking to enhance sales revenue. Lynda Merrill said each important issue of the plan should be voted on separately. She said the plan provides a blank check for paving the east side of the Embarcadero to suit west -side businesses. Ms. Merrill stated all -encompassing plans should be advisory in nature and not set in concrete. She believed each lot under consideration for paving should be decided individually. 0 Mayor Yates closed the hearing to public comment. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 25, 1995 PAGE 7 Councilmember Anderson stated existing parking areas could be utilized more efficiently. He agreed there is a perception of a double standard with a four-hour limit on the Embarcadero and two hours downtown. Councilmember Anderson said employee parking in prime locations is the biggest problem in both areas. Councilmember Unger stated Council should consider appointing a committee to review all areas relating to parking improvements. Mayor Yates stated review of the Parking Management Plan should mitigate and identify parking improvements; he recommended holding a special meeting to review and prioritize the plan. Councilmember Novak agreed with Councilmember Unger that a committee would be beneficial in the review of parking improvements. Councilmember Crotzer stated he would like to move forward with the projects recommended by staff; if substantive changes are required, then appoint a committee to review. Councilmember Anderson agreed with Mayor Yates to hold a special • meeting to review and prioritize the Parking Management Plan. MOTION: Mayor Yates moved Council schedule a workshop for November 30, 1995 to review and prioritize the Parking Management Plan. The motion was seconded by Councilmember Novak and carried with Councilmember Unger voting no. (4-1) Mayor Yates called for a break at 8:50 p.m.; the meeting resumed at 9:00 p.m. B-3 SECOND READING/ADOPTION OF ORDINANCE NO. 445 - ZONING TEXT AND MAP AMENDMENTS; ZOA 05-91/LCP-GPA 03-93 Senior Planner Shauna Nauman recommended Council conduct the public hearing; and adopt Ordinance No. 445 announcing findings and adopting amendments to Title 17 of the Morro Bay Municipal Code including the Zoning Ordinance Text and Map, North Main Street and Beach Street Specific Plans. Mayor Yates opened the hearing for public comment; there were no comments and the public hearing was closed. MOTION: Councilmember Unger moved the City Council have Ordinance No. 445 read by title and number only. The motion was seconded by Councilmember Crotzer and • unanimously carried. (5-0) City Administrator Dave Howell read Ordinance No. 445 by title and number only. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 25, 1995 PAGE 8 MOTION: Councilmember Unger moved the City Council adopt Ordinance No. 445 adopting amendments to Title 17 of the Morro Bay Municipal Code including the Zoning Ordinance Text and Map, North Main Street and Beach Street Specific Plans. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) C. NEW BUSINESS C-1 CONSIDERATION OF COUNCIL TERM LIMITS Councilmember Novak reviewed Senate Bill 2 recently signed by the Governor that specifically authorizes the governing bodies of local agencies, including cities, to adopt term limits on city council members. She recommended the City Council adopt a two term limit for City Council, and a three term limit for Mayor. Council consensus was not in favor of setting term limits. No action was taken on this item. • C-2 CONSIDERATION OF JOINT PROJECT WITH CENTRAL COAST MARITIME MUSEUM ASSOCIATION Jack Hunter, President of the Central Coast Maritime Museum Association, reviewed the plan for a maritime museum in Morro Bay. City Administrator Dave Howell added the benefits of jointly creating this museum in Morro Bay. He stated a site has been pinpointed on Front Street. Mayor Yates expressed support for this project. Councilmember Anderson addressed budgetary problems and asked if this would be funded through grants? Mr. Hunter responded he would hope to qualify for federal funding; he also stated the Association is not immediately looking towards the City for funding. Councilmember Unger expressed support for this project. She asked how long before the project would be completed? Mr. Hunter responded he is working on a three year plan. Councilmember Novak expressed support for the project and its proposed location. • Councilmember Crotzer agreed and stated this museum would be a benefit to the City. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 25, 1995 PAGE 9 • MOTION: Mayor Yates moved the City Council direct the City Administrator to appoint a staff person to work with the Central Coast Maritime Museum Association to look into locating a museum on Front Street, or a feasible site for the location of a museum. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) C-3 REVIEW OF DEL MAR ROLLER HOCKEY/BASKETBALL COURT PROJECT STATUS Recreation and Parks Director Andrea Lueker reviewed the Del Mar Park Roller Hockey/Basketball Court Project status, including options for Council review. She recommended Council approve Resolution No. 112-95 authorizing the Recreation and Parks Director to prepare an application for the Land and Water Conservation Fund Grant -In -Aid program for a possible funding source. Finance Director Jim Koser reviewed financing of Option 3 which involves submitting this project with a number of other projects that are being collected as capital projects. Staff will then investigate the possibility of funding these projects through financing. • Mayor Yates stated his supports funding $40,000 to fund this project. He asked if the City can go ahead with the project and then apply for the grant? Ms. Lueker responded affirmative. Councilmember Crotzer suggested deferring the basketball court, place a roller hockey rink with standards, go for grant funding, and expand the basketball courts at City Park. Councilmember Anderson stated he supports the project as proposed. Councilmember Unger asked for clarification on the grant source. Ms. Lueker responded with the grant, additional monies will not be necessary. Councilmember Unger stated she cannot support spending money on a project such as this, based on the City's current financial climate. She said she would like to revisit this project during the mid -year budget review. Councilmember Novak stated the City should move forward with the application for a grant; she does not support doing the project in stages. Councilmember Novak stated kids need a place for such activities and supports funding the whole project. • r\ U • C, J MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 25, 1995 PAGE 10 MOTION: Mayor Yates moved the City Council proceed with the Del Mar Park Roller Hockey/Basketball Court Project, awarding the bid to Garcia & Sons, and approve Resolution No. 112-95 approving the application for Land and Water Conservation Funds for the Del Mar Hardcourt Project. The motion was seconded by Councilmember Anderson and carried with Councilmember Unger voting no. (4-1) C-4 CONSIDERATION OF ADULT MATERIAL EMERGENCY ORDINANCE Councilmember Novak reviewed the need for an Interim Urgency Ordinance prohibiting the establishment of adult entertainment businesses for 45 days in order to develop zoning regulations for the placement of such a business. Council consensus was not in favor of such an Interim Urgency Ordinance; Councilmember Novak withdrew her request. No action was taken on this item. F. ADJOURNMENT The meeting adjourned at 10:00 p.m. Recorded by: Bridgett Bauer 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - SEPTEMBER 11, 1995; 5:00 P.M. CLOSED SESSION - SEPTEMBER 11, 1995 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(A), CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION ♦ Matter of George Bankruptcy - pending before U. S. Bankruptcy Court, including City of Morro Bay v. Santa Lucia National Bank, pending before the San Luis Obispo Superior Court, and City of Morro Bay v. George, pending before the San Luis Obispo Superior Court. E-2 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES ♦ Discussion regarding personnel issues including three public employees regarding discipline/release/evaluation. • PUBLIC SESSION - SEPTEMBER 11, 1995 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 SPECIAL MEETING OF JUNE 29, 1995 A-2 RESOLUTION NO. 107-95 ENDORSING THE APPLICATION TO THE CALIFORNIA DEPARTMENT OF AGING FOR DESIGNATION OF SAN LUIS OBISPO COUNTY AS A • PLANNING AND SERVICE AREA 1 W3 ACKNOWLEDGEMENT OF RECEIPT OF COASTAL COMMISSION RESOLUTIONS FOR LCP AMENDMENT #2-95 (DOMENGHINI SITE AND CHILD CARE FACILITIES) A-4 STATUS REPORT ON COMPLIANCE OF UNREINFORCED MASONRY PROPERTIES A-5 REPORT ON SALES TAX RECEIPTS FOR FIRST QUARTER - 1996 A-6 RESOLUTION NO. 106-95 AUTHORIZING CONTRACT FOR FINANCIAL SOFTWARE A-7 APPROVAL OF VETERANS MEMORIAL BUILDING RENOVATION BID AWARD; RP 96-02 A-8 STATUS REPORT ON STREET LIGHTING REDUCTIONS - THIS ITEM HAS BEEN PULLED FROM THE AGENDA A-9 SET DATE FOR JOINT CITY COUNCIL/HARBOR ADVISORY BOARD MEETING(OCTOBER 1995) A-10 PROCLAMATION DECLARING SEPTEMBER 18-24, 1995 AS "POLLUTION PREVENTION WEEK" A-11 PROCLAMATION DECLARING SEPTEMBER 16 THROUGH OCTOBER 9, 1995 AS "COASTWEEKS" AND SEPTEMBER 23, 1995 AS "ADOPT -A -BEACH COASTAL CLEAN UP DAY" A-12 PROCLAMATION DECLARING OCTOBER 15-22, 1995 AS "RED RIBBON WEEK" - THIS ITEM HAS BEEN PULLED FROM THE AGENDA W13 PROCLAMATION DECLARING OCTOBER 8-14, 1995 AS "FIRE PREVENTION WEEK" B. UNFINISHED BUSINESS B-1 RESOLUTION NO. 105-95 ESTABLISHING A COUNCIL CORRESPONDENCE POLICY C. NEW BUSINESS C-1 DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE C-2 CONSIDERATION OF PARTICIPATION IN EXPANSION OF DEL MAR SCHOOL MULTI- PURPOSE ROOM D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 CONTINUED PUBLIC HEARING ON ZONING TEXT AND MAP AMENDMENTS - ZOA 05- 91/LCP-GPA 03-93 (FIRST READING/INTRODUCTION - ORDINANCE NO. 445) 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. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, &EASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE ADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 2 • 0 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - SEPTEMBER 11, 1995 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m. PRESENT: ABSENT: STAFF: CLOSED SESSION William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger hCTiia Dave Howell David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Novak moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. E-1 GOVERNMENT CODE SECTION 54956.9(A)0 CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION ♦ Matter of George Bankruptcy - pending before U. S. Bankruptcy Court, including City of Morro Bay v. Santa Lucia National Bank, pending before the San Luis Obispo Superior Court, and City of Morro Bay v. George, pending before the San Luis Obispo Superior Court. E-2 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES ♦ Discussion regarding personnel issues including three public employees regarding discipline/release/evaluation. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:45 p.m. MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 5:45 p.m. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11, 1995 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 Rodger Anderson Councilmember Colby Crotzer Councilmember Cathy Novak Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Dave Howell City Administrator David Hunt City Attorney Rick Algert Harbor Director Bridgett Bauer City Clerk Jeff Jones Fire Chief Jim Koser Finance Director Joe Loven Police Chief Andrea Lueker Recreation and Parks Director Shauna Nauman Senior Planner • Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Rick Algert presented the "Lighten Up". MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates made the following announcements: The Orchid Show held at the Community Center last weekend was a great success, as was the Kawasaki commercial. Thirty-two out-of-town teams played in a baseball tournament Labor Day Weekend in Morro Bay. The dredge contract has been awarded and work should begin soon; a fixed -pipe dredge will work on the inner harbor; a hopper dredge will work on the Harbor Entrance Improvement Project. Councilmember Novak announced the Integrated Waste Management Authority is sponsoring a free household hazardous waste collection on Saturday, September 30th. E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11, 1995 PAGE 3 • Councilmember Crotzer announced Morro Bay High School seniors, along with San Luis High seniors, dominated the state in recent Scholastic Achievement Tests. PUBLIC COMMENT Mayor Yates opened the hearing to public comment. Lynda Merrill expressed her support to the expansion of the Del Mar School multi -purpose building, and addressed the need for tennis courts. Harry Rogers stated he disagrees with the need of signalization at Yerba Buena and Highway 1 based on the fatality that occurred on the 4th of July. Grace Melton addressed Council regarding the presentation of a proclamation for "Constitution Week" at the September 25th Council meeting. She said symbolic liberty trees will be planted in recognition of this celebration and a list of individuals and businesses contributing to the City's tree fund will be available. Jo L. Merriman said both the intersections at Highway 41 and Main Street and Yerba Buena and Highway 1 are dangerous. He also asked • for an update on the State Water pipeline; Mayor Yates responded there is no update available at this time. Mayor Yates closed the hearing to public comment. C�Iilll�L�]f�■li�T�lfcfilnM�i]�ti]�aliy�il;i�i:�H�t�1�7�4Y�11 Councilmember Novak requested discussion of possible zoning regulations regarding adult book stores be agendized. She also requested the discussion of term limits for Councilmembers be agendized, as Governor Wilson signed SB 2 authorizing and encouraging local agencies to adopt term limits. 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 JUNE 29, 1995 Mr. Howell recommended Council approve the minutes as submitted. 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11, 1995 PAGE 4 A-2 RESOLUTION NO. 107-95 ENDORSING THE APPLICATION TO THE CALIFORNIA DEPARTMENT OF AGING FOR DESIGNATION OF SAN LUIS OBISPO COUNTY AS A PLANNING AND SERVICE AREA Mr. Howell recommended Council approve Resolution No. 107-95. A-3 ACKNOWLEDGEMENT OF RECEIPT OF COASTAL COMMISSION RESOLUTIONS FOR LCP AMENDMENT #2-95 (DOMENGHINI SITE AND CHILD CARE FACILITIES) Mr. Howell recommended Council acknowledge receipt of the Coastal Commission's Resolutions of Certification for approval of Amendment #2-95 to the City of Morro Bay Local Coastal Plan as submitted. A-4 STATUS REPORT ON COMPLIANCE OF UNREINFORCED MASONRY PROPERTIES Mr. Howell recommended Council receive the status report for information. A-5 REPORT ON SALES TAX RECEIPTS FOR FIRST QUARTER - 1996 Mr. Howell recommended Council receive the report for information. • A-6 RESOLUTION NO. 106-95 AUTHORIZING CONTRACT FOR FINANCIAL SOFTWARE Mr. Howell recommended Council approve Resolution No. 106-95 authorizing him to negotiate and execute a contract with Eden Systems, Inc. for a contract cost not to exceed $80,000 for the purchase of financial software. A-7 APPROVAL OF VETERANS MEMORIAL BUILDING RENOVATION BID AWARD; RP 96-02 Mr. Howell recommended Council award the Veterans' Memorial Building contract to Mark Wheeler Construction. A-8 STATUS REPORT ON STREET LIGHTING REDUCTIONS This item was pulled from the agenda. A-9 SET DATE FOR JOINT CITY COUNCIL/HARBOR ADVISORY BOARD MEETING (OCTOBER 1995) Mr. Howell recommended Council set a joint meeting with the Harbor Advisory Board for October 5, 1995. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11, 1995 PAGE 5 • A-10 PROCLAMATION DECLARING SEPTEMBER 18-24, 1995 AS "POLLUTION PREVENTION WEEK" Mr. Howell recommended Council adopt the proclamation. A-11 PROCLAMATION DECLARING SEPTEMBER 16 THROUGH OCTOBER 9, 1995 AS "COASTWEEKS" AND SEPTEMBER 23, 1995 AS "ADOPT -A -BEACH COASTAL CLEAN UP DAY" Mr. Howell recommended Council adopt the proclamation. A-12 PROCLAMATION DECLARING OCTOBER 15-22, 1995 AS "RED RIBBON WEEK" This item was pulled from the agenda. A-13 PROCLAMATION DECLARING OCTOBER 8-14, 1995 AS "FIRE PREVENTION WEEK" Mr. Howell recommended Council adopt the proclamation. Mayor Yates stated Items A-8 and A-12 have been pulled from the agenda; Councilmember Crotzer pulled Item A-4 from the agenda; and Councilmember Novak pulled Item A-9. • MOTION: Councilmember Unger moved the City Council approve the Consent Calendar with the exception of Items A-4, A-8, A-9, and A-12. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) A-4 STATUS REPORT ON COMPLIANCE OF UNREINFORCED MASONRY PROPERTIES Councilmember Crotzer commented on how many buildings have been removed from the unreinforced concrete masonry list, and expressed surprise one owner elected to tear down his building. Councilmember Unger stated regulations are needed on the compliance of these unreinforced masonry buildings, and suggested this issue be returned for further review. Mayor Yates concurred, and stated Council should revisit the URM policies and regulations. A-9 SET DATE FOR JOINT CITY COUNCIL/HARBOR ADVISORY BOARD MEETING (OCTOBER 1995) Councilmember Novak asked Harbor Director Rick Algert if the Harbor Advisory Board has scheduled another date as October 5th is too close to the Harbor Festival. E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11, 1995 PAGE 6 • Mr. Algert responded Harbor Advisory Board members have suggested October 12, 1995 as an alternate meeting date. Council concurred to meet with the Harbor Advisory Board on October 12th at 6:00 p.m., location to be determined. B. UNFINISHED BUSINESS B-1 RESOLUTION NO. 105-95 ESTABLISHING A COUNCIL CORRESPONDENCE POLICY City Administrator Dave Howell reviewed the draft Council Correspondence policy and recommended Council approve Resolution No. 105-95 establishing specific Council policy incorporating all policies from past councils. Councilmember Unger suggested this become a part of the handbook prepared for incoming Council members. MOTION: Councilmember Anderson moved the City Council approve Resolution No. 105-95 establishing a Council Correspondence Policy. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) C. NEW BUSINESS • C-1 DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE City Administrator Dave Howell requested Council choose a voting delegate and an alternate delegate. Mayor Yates asked for Council support selecting him to be the voting delegate and Councilmember Novak be chosen as alternate delegate. MOTION: Councilmember Unger moved the City Council appoint Mayor Yates as the City's voting representative at the League of California Cities Annual Conference, and appoint Councilmember Novak as alternate voting delegate. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) C-2 CONSIDERATION OF PARTICIPATION IN EXPANSION OF DEL MAR SCHOOL MULTI -PURPOSE ROOM City Administrator Dave Howell reviewed the City's participation in expanding Del Mar School's Multi -Purpose Room as requested by the San Luis Coastal Unified School District. He noted the Finance Director is presently identifying capital. projects that • could be included in a joint agency financing package to enable the City to afford necessary projects, including this project. MINUTES - MORRO BAY CITY COUNCIL REGULAR.MEETING - SEPTEMBER 11, 1995 PAGE 7 • Mr. Howell recommended Council agree to participate in this proposed project if funding can be identified and a facility use agreement is reached. Councilmember Crotzer stepped down due to a conflict of interest. Councilmember Novak stated she will support the project if funding and an agreement for facility use is found. Mayor Yates stated the funding of this project concerns him as there are many priority projects unfunded. Councilmember Unger stated the project is worthy; however, funding is a concern. Mr. Howell clarified Council is requested to approve the project if appropriate funding is found, and if a use agreement can be reached. He requested authorization to negotiate with the school district to facilitate this proposed project. Councilmember Anderson expressed his support of this project stating the money will be well spent to obtain an additional recreational facility. Mayor Yates said it was a matter of priority and many important . issues such as public safety and streets have gone unfunded. MOTION: Councilmember Novak moved the City Council direct the City Administrator negotiate with the San Luis Coastal Unified School District regarding funding and facility use of the Del Mar School Multi -Purpose Room Expansion Project. The motion was seconded by Councilmember Anderson. Councilmember Unger expressed concern with the impact to staff time this might take. Mayor Yates stated he will not support financing another $600,000 for this project. The motion failed with Mayor Yates and Councilmember Unger voting no. (2-2) MOTION: Councilmember Anderson moved the City Council direct staff to notify the San Luis Coastal Unified School District of the City's interest in the proposed expansion project; however, at this time, the City is reviewing financing and ask to be kept informed as to cost share. The motion was seconded by Councilmember Novak and carried with Councilmember Crotzer abstaining. (4-1) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11, 1995 PAGE 8 • Councilmember Crotzer resumed his seat on the Council. Mayor Yates called for a break at 6:52 p.m.; the meeting resumed at 7:10 p.m. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 CONTINUED PUBLIC HEARING ON ZONING TEXT AND MAP AMENDMENTS - ZOA 05-91/LCP-GPA 03-93 (FIRST READING/INTRODUCTION - ORDINANCE NO. 445) Senior Planner Shauna Nauman reviewed the final recommendations of the Zoning Text and Map Amendments and recommended Council approve Ordinance No. 445 for first reading with amendment to lateral/vertical access which is not presently consistent with the City's Local Coastal Plan. City Attorney David Hunt clarified Council could direct staff to re-agendize the issue of lateral/vertical access for discussion when reviewing the Waterfront Master Plan. Councilmember Crotzer asked if there is any distinction regarding land in public trust, which is land -owned by the people in common. He expressed concern with the llth hour review of these amendments. • Ms. Nauman responded the City of Morro Bay is managing the public trust in the best interests of the people. She said a beachfront owner has property rights, but when the tidelands are addressed, the owner is the people. Mayor Yates opened the hearing to public comment. Bernie Melvin expressed concern with the manner these amendments are being handled due to conflicts on the Council. John Barta stated he is speaking on behalf of himself and not for any other Planning Commissioner. He said other portions of the zoning ordinance are not going to the Coastal Commission at this time, notably the hillside ordinance. Mr. Barta said there is an option to leave unaddressed subjects the way they are and return them to the Commission for consideration of consistency with LCP amendments. Harry Rogers requested the City Council act on this tonight. Ralph Gunther stated vertical and lateral access needs to be reviewed. Steve Mathieu referred to Page 7 - Section 17.24.110, and recommended Council remove the word "none" and replace it with • "minor use permit". • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11, 1995 PAGE 9 Mayor Yates closed the hearing to public comment. Councilmember Crotzer stated the hearing process has been changed after five years. He said people who did not want boxes and intrusive second stories wanted longer setbacks, and people who wanted shorter setbacks were in favor of building larger homes on small lots. Councilmember Unger stated the Planning Commission deleted the requirement that the setback be greater than the first story, and then the Council intervened by saying the Commission could not consider it. She said there is no llth hour decision being made at this time. Councilmember Anderson said people buy small houses on small lots because they are affordable, not because they have small families. He said homeowners should not be deprived of enough space to live comfortably. Councilmember Crotzer asked why it is a good idea to remove the condition and requirement for lateral access on the Embarcadero properties, which are remodeled with expanded use. He said both the Coastal Act and State Constitution require access to the shoreline. Councilmember Crotzer believes increased population • results in more demand for increased accessibility. He said development by definition results in reduction to the shore, and discretionary waiver of vertical access to 600 feet from 300 feet is not desirable. Mayor Yates stated the discussion revolves around consistency with the Local Coastal Plan and no one wants to do anything less than the Coastal Act, which allows reasonableness. He said the particular case referred to does not make sense, as there is a street end one lot over and vertical access two lots over. Mayor Yates stated he supports as much lateral and vertical access as possible. Councilmember Crotzer asked Ms. Nauman if 300 feet of vertical access on one side would result in a discretionary waiver. Ms. Nauman responded 300 feet was the figure mentioned in the policy of the Local Coastal Plan and provides guidance. Councilmember Crotzer stated there are not very many areas with that much space on the Embarcadero and, therefore, the requirement to provide vertical access is eliminated. He said cronyism charges could result from discretionary decisions. Mayor Yates stated a view corridor and lateral access are two • different things. He said vertical access means public access into it, and seeing through it is something else. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11, 1995 PAGE 10 Councilmember Anderson said he understands vertical access to be pedestrian access; it does not mean he can launch his boat through it, but he can walk through it. Councilmember Crotzer said the Coastal Commission decision on Otter Rock was that viewing the bay is acceptable. Ms. Nauman said the development of Otter Rock was conditioned to implement both vertical and lateral physical access, with the idea of the ability to link the entire Embarcadero for pedestrian use. She noted the specific language in the text is: "One every 300 feet and/or every stub." Ms. Nauman said the language provides guidance and discretionary review authority permits flexible lengths when necessary. She said both the Commission and Council can decide on a case -by -case basis. Councilmember Crotzer said the geography of the Embarcadero does not have any sites where there is 600 feet available in both directions, and Council is doing away with any vertical access requirements. Councilmember Unger asked if she was correct in saying the State Coastal Act does not require lateral or vertical access for each and everything built along the coast. • Ms. Nauman responded the State Coastal Act requires lateral and vertical access for all new developments, which are deemed a burden to coastal access with waiver provisions. She said the City's Local Coastal Plan uses the provisions for vertical access but was more restrictive for lateral access and deemed there would be no waivers. Councilmember Novak said there are four different kinds of access in the City's Local Coastal Plan: lateral, vertical, blufftop, and visual. She said Council is taking language consistent with the City's Local Coastal Plan and placing it into Chapter 17 to prevent inconsistency. Mr. Hunt stated the concept of findings are pertinent to this discussion. He said waiving conditions and avoiding charges of cronyism are central to the purpose of findings. Mr. Hunt said a waiver would not be granted unless findings were made regarding its consistency with the City's Local Coastal Plan, Zoning Ordinance, and General Plan. He said discretion can be used in making findings, but there has to be substantial evidence in the record to support them. Councilmember Unger said the Embarcadero is pretty well developed and it is unreasonable to expect every single new development to • provide coastal access. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11, 1995 PAGE 11 . Councilmember Crotzer said there is hope the Embarcadero will be improved over time and new development will increase views, reduce footprints, and further continuous lateral access along the bay. He said future development should be superior along the Embarcadero. Councilmember Crotzer referred to Government Code Article 3.5, paragraph 66478.2 and 66478.3 through .11 regarding population growth and increased public access, and paragraphs 61000 through 61499, and 66478.11, which lists general reasons why public access to waterways shall not be restricted. He is afraid Council is headed in the opposite direction and the Coastal Commission will have an opportunity to review the propriety of this as this ordinance goes through. Mayor Yates believes strongly in favor of vertical access and said lateral access should be discretionary. He asked if Councilmember Crotzer would rather have access through or a boardwalk along the whole Embarcadero. MOTION: Councilmember Novak moved the City Council accept staff's recommendations for Item C- Exceptions, dealing with lateral and vertical access. The motion was seconded by Councilmember Anderson and carried with Councilmember Crotzer voting no. (4-1) Mr. Howell suggested Councilmembers take a break while Ms. Nauman • researched the language suggested by Mr. Mathieu. Mayor Yates called for a break at 8:26 p.m.; the hearing resumed at 8:52 p.m. Ms. Nauman said the language in the errata is accurate and Mr. Mathieu was confusing corrections made to the M-1 district in Section 17.24.140. She said action taken by the Planning Commission change to a flat Minor Use Permit as noted in the correction on Page 7, which used to say: "None except within 100 feet of residential uses"; and it was changed to: "Require a Minor Use Permit in all cases," which is what Council previously adopted. MOTION: Councilmember Novak moved the City Council approve Ordinance No. 445 for first reading and introduction. The motion was seconded by Councilmember Anderson. MOTION: Councilmember Unger moved the City Council amend the motion on the floor to remove the issue of lateral/vertical access from Ordinance No. 445 and reagendize it for discussion when reviewing the Waterfront Master Plan. The motion was seconded by Councilmember Novak and carried with Councilmember Crotzer voting no. (4-1) • VOTE ON MOTION AS AMENDED: (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11, 1995 PAGE 12 • F. ADJOURNMENT MOTION: Councilmember Unger moved Council adjourn to Closed Session. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) The meeting adjourned at 9:00 p.m. Recorded by: Bridget Bauer City Clerk • fe City of Morro Bay S City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - AUGUST 28, 1995; 5:00 P.M. CLOSED SESSION - AUGUST 28, 1995 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(A), CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION ♦ Matter of Water Rights Applications in Chorro and Morro Valleys - pending before State Water Resources Control Board. - Aendinq before State Water Resources Control ♦ Matter of George Bankruptcy - pending before U. S. Bankruptcy Court, including City of Morro Bay v. Santa Lucia National Bank, pending before the San Luis Obispo Superior Court. PUBLIC SESSION - AUGUST 28, 1995 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 ollowing actions are approved without discussion. -1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF AUGUST 14, 1995 1 *-2 EXPENDITURE REPORT/STATEMENT OF CASH & INVESTMENTS - JULY 1995 A-3 CITY COUNCIL CORRESPONDENCE POLICY - THIS ITEM HAS BEEN PULLED FROM THE AGENDA A-4 AGREEMENT WITH PACIFIC GAS & ELECTRIC COMPANY REGARDING DESALINATION DISCHARGE A-5 PROCLAMATION DECLARING SEPTEMBER 1995 AS "BUSINESS RECYCLING MONTH" A-6 ACCEPTING PUBLIC IMPROVEMENTS - CYPRESS PLAZA SHOPPING CENTER A-7 APPROVAL OF AGREEMENT FOR MANDATED COST CLAIMING SERVICES B. UNFINISHED BUSINESS - NONE C. NEW BUSINESS C-1 CONSIDERATION OF ECONOMIC HARDSHIP WATER RATE ADJUSTMENT CRITERIA AND PROGRAM C-2 CONSIDERATION OF "OLD TOWN" DESIGNATION D. PUBLIC HEARINGS, REPORTS & APPEARANCES .-1 REVIEW OF FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED TWIN BRIDGES REPLACEMENT PROJECT D-2 AMENDMENTS TO ZONING ORDINANCE TEXT AND MAP AND GENERAL PLAN/COASTAL LAND USE PLAN MAPS F n LJ 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. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. E r�L • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - AUGUST 28, 1995 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m. PRESENT: ABSENT: STAFF CLOSED SESSION William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger None Dave Howell David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Novak 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 5:00 p.m. and returned to regular session at 5:45 p.m. E-1 GOVERNMENT CODE SECTION 54956.9(A), CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION ♦ Matter of Water Rights Applications in Chorro and Morro Valleys - pending before State Water Resources Control Board. ♦ Matter of California Men's Colony Application for Amendment of Treated Water Discharge Permit - pending before State Water Resources Control Board. ♦ Matter of George Bankruptcy - pending before U. S. Bankruptcy Court, including City of Morro Bay v. Santa Lucia National Bank, pending before the San Luis Obispo Superior Court. MOTION: Councilmember Unger moved the meeting..be adjourned. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) T17,g meeting adjourned at 5:45 p.m. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 28, 1995 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 Cathy Novak Councilmember Ahnawake Unger Councilmember ABSENT: Rodger Anderson Councilmember STAFF: Dave Howell City Administrator David Hunt City Attorney Rick Algert Harbor Director Bridgett Bauer City Clerk Bill Boucher Public Works Director Jim Koser Finance Director Joe Loven Police Chief Andrea Lueker Recreation and Parks Director Shauna Nauman Senior Planner Steve Sylvester City Engineer Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP The "Lighten Up" was presented by Roger Ewing. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates made the following announcements: ♦ In Closed Session, City Attorney David Hunt had been directed to appeal the State Water Resources Control Board decision regarding the Chorro Valley water permits if the petition for reconsideration is not successful. City Attorney David Hunt reported the vote in Closed Session regarding the water issue was 4-1 with Councilmember Crotzer dissenting. ♦ Harbor Director Rick Algert reported the dredging bid for the harbor entrance will be awarded in the next seven days and dredging should start within 45 days. ♦ Councilmember Anderson is absent because he is ill; however, he was in attendance at Closed Session. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 28, 1995 PAGE 3 • PUBLIC COMMENT Jo Merriman explained the importance of the Pledge of Allegiance; he also addressed Item C-2 stating the term "Old Town" is divisive. Harry Rogers complimented the local fishermen for their patience with sightseers. Mary Phillips stated she wondered if the total dissolved solids count is from Morro or Chorro pipeline and asked about the broken connecting pipeline. She also addressed AB 318 stating Morro Bay is not allowed to make a profit as a general law city because only charter cities can have franchise fees. Public Works Director Bill Boucher stated the primary pipeline which connects south and north Morro Bay broke during the March floods and has not been repaired as yet; the reported TDS count is from Morro, and the count from Chorro has always been lower. Suedene Nelson stated the new sign on Highway 1 is something to be proud of. She also addressed Item C-2 stating the Old Town designation will consolidate the community and highlight the City's heritage. • Roger Ewing also complimented the new sign on Highway 1 and congratulated Nancy Barta for its creation. He stated there should be a donation jar for coffee drinkers at Council meetings. Mr. Ewing expressed appreciation for the Old Town designation and hoped proper signage will follow soon. He addressed the proposed voluntary tree replacement program stating it should be actively pursued by all interests in order to make it work. Charles Palmer stated in the next 20 years a major sewer modification will be necessary and there will be major water expenses which have not been addressed. He said the City should start thinking about raising revenue which will be necessary in the future, and recommended money be placed into a capital reserve fund to be specified in the budget. Mayor Yates closed the public comment period. City Administrator/former Police Chief Dave Howell was presented with a plaque in honor of his service on the police force. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Unger asked if a crosswalk on Quintana Road is being considered. If not, she would like it agendized; Councilmember Crotzer concurred. 40 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 28, 1995 PAGE 4 • Mayor Yates responded a report from the Public Works Advisory Board has been received, and the matter will be agendized. 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 14, 1995 Mr. Howell recommended Council approve the minutes as submitted. A-2 EXPENDITURE REPORT/STATEMENT OF CASH & INVESTMENTS - JULY 1995 Mr. Howell recommended Council accept the reports for information. A-3 CITY COUNCIL CORRESPONDENCE POLICY This item was pulled from the agenda. A-4 RESOLUTION NO. 102-95 APPROVING AGREEMENT WITH PACIFIC GAS & ELECTRIC COMPANY REGARDING DESALINATION DISCHARGE • Mr. Howell recommended Council adopt Resolution No. 102-95 approving an agreement between the City of Morro Bay and Pacific Gas and Electric Company regarding desalination facility discharge. A-5 PROCLAMATION DECLARING SEPTEMBER 1995 AS "BUSINESS RECYCLING MONTH" Mr. Howell recommended Council adopt the proclamation. A-6 RESOLUTION NO. 98-95 ACCEPTING PUBLIC IMPROVEMENTS - CYPRESS PLAZA SHOPPING CENTER Mr. Howell recommended Council approve Resolution No. 98-95 accepting an Offer of Easement Dedication from the Cypress Plaza Shopping Center for waterline purposes; and approve Resolution No. 99-95 accepting the off- and on -site public improvements to the Cypress Plaza Shopping Center consisting of Parcels 1,2,3,4,5,6 of Parcel Map 92-073 filed August 18, 1993 in Book 50 of Parcel Maps at Page 35. A-7 APPROVAL OF AGREEMENT FOR MANDATED COST CLAIMING SERVICES Mr. Howell recommended Council approve the agreement with David • M. Griffith & Associates for mandated cost claiming services and he be authorized to execute the agreement. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 28, 1995 PAGE 5 MOTION: Councilmember Novak moved Council approve the Consent Calendar with the exception of Item A-3. The motion was seconded by Councilmember Unger and unanimously carried. (4-0) B. UNFINISHED BUSINESS - NONE C. NEW BUSINESS C-1 CONSIDERATION OF RESOLUTION NO. 103-95 ESTABLISHING ECONOMIC HARDSHIP WATER RATE ADJUSTMENT CRITERIA AND PROGRAM Public Works Director Bill Boucher addressed the potential impact of reduction in water rate revenues and proposed a program which provides 20% reduction in monthly water rates for applicants meeting economic criteria. He recommended Council consider the proposed criteria and program, and approve the hardship rate by adopting Resolution No. 103-95. Councilmember Unger asked if commercial users are also being considered? Mr. Boucher responded the Public Works Advisory Board concentrated on residential users. He said staff decided to ' consider an ordinance for certain types of commercial uses as opposed to individual users. Councilmember Unger asked about the $10 cap. Mr. Boucher responded there had to be a cap somewhere which favored conservation and did not damage revenue too much; the Public Works Advisory Board did not want water revenue lessened by more than $60,000. Councilmember Crotzer stated he supports this proposal; however, Council should be careful when creating special categories because when a discount is established, it is subsidized by the residents and business people. MOTION: Councilmember Crotzer moved Council adopt Resolution No. 103-95 establishing economic hardship criteria and a program for water rate adjustments with a 20% reduction and a $10 maximum. The motion was seconded by Councilmember Novak and unanimously carried. (4-0) Councilmember Novak addressed the water problem for commercial fish processors, who are in need of assistance because of federal regulations. She believes processors should be considered a special use. Pi MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 28, 1995 PAGE 6 • Council requested the Public Works Advisory Board review other agency programs for reduction due to hardships, and return this information to Council. C-2 CONSIDERATION OF RESOLUTION NO. 104-95 DESIGNATING A PORTION OF THE DOWNTOWN AREA OF MORRO BAY AS "OLD TOWN" Senior Planner Shauna Nauman reviewed the proposed plan designating a portion of the downtown area of Morro Bay as "Old Town" for the purpose of advertising and promotional opportunities. Chamber of Commerce Director Suedene Nelson reviewed the proposed designated areas. Councilmember Unger stated she would like to revise the defined area map; and, also requested an amendment to Resolution No. 104- 95 by removing the words in the first paragraph "as more fully defined on the attached map". Mayor Yates stated there is nothing to preclude Council from adding more areas later. Councilmember Crotzer stated the guidelines met with broad support when introduced. He said implementation would depend on funding availability. • Mayor Yates said the Economic Vitality Committee should discuss the guidelines first, and then the item can be agendized for discussion. MOTION: Councilmember Unger moved Council approve Resolution No. 104-95 as amended by removing the words in the first paragraph "as more fully defined on the attached map", and designating a portion of the downtown area of Morro Bay as "Old Town". The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) Mayor Yates called for a break at 7:05 p.m.; the meeting resumed at 7:23 p.m. D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 REVIEW OF RESOLUTION NO. 100-95 CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED TWIN BRIDGES REPLACEMENT PROJECT County Environmental Coordinator Mark Hutchinson reviewed the final Environmental Impact Report for the Twin Bridges Replacement Project. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 28, 1995 PAGE 7 40, City Engineer Steve Sylvester discussed the project schedule stating construction should begin around May 1, 1996, barring unforeseen complications. He recommended Council approve Resolution No. 100-95 certifying the final EIR. Councilmember Crotzer asked about sedimentation mitigation on page 7 of the CEQA findings; he said it would not be desirable to re-create pre -construction conditions as they are damaging to the environment. Mr. Hutchinson responded numerous sedimentation studies have been conducted and it was discovered the road and bridges have not acted as a dike for sedimentation; studies indicate the plume and level of sedimentation would exist with or without the road and bridges. He said it will not be possible to undo the damage done by previous sedimentation, although there is intent to establish a gradient for both the over -bank areas and the streambeds and not result in excess release of sediment into the bay. Mr. Hutchinson stated the built-up sediment behind the roadway will be removed; however, the 7 feet previously deposited will not be removed. Councilmember Unger asked if the new bridge will eventually have the same problems with flooding? • Mr. Hutchinson responded the road deck is 10 feet higher than the existing bridges, which includes 2 feet of freeboard above a 50- year storm, along with an extra 18 inches for future sedimentation. He said the sedimentation plume is steeper on the front edge and flatter toward the rear. Mr. Hutchinson stated studies indicate the lifespan of the bridge should exceed 50 years, although watershed and other treatment projects will slow the rate. Mayor Yates opened the hearing to public comment. District 2 Supervisor Bud Laurent stated the County will work with the City to get the 80% Federal funding. He said he is looking forward to the bridge dedication next year. Charles Palmer stated 2,000-3,000 acre feet of sediment was deposited in the bay this year due to the fire and floods. He said there is a clay layer in Chorro Creek which prevents seawater from flowing into the creek and thus flowing into the well water. Mary Phillips asked if engineering could devise a way to dig trenches for freshwater outlets to prevent siltation. She said she feels the soil could be removed and deposited where it is needed. • Mayor Yates closed the hearing to public comment. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 28, 1995 PAGE 8 City Administrator Dave Howell pointed out a typographic error in the resolution. MOTION: Councilmember Unger moved Council approve Resolution No. 100-95 certifying the final Environmental Impact Report for the Twin Bridges Replacement Project as amended. The motion was seconded by Councilmember Novak and unanimously carried. (4-0) D-2 RESOLUTION 101-95 AND ORDINANCE NO. 445 (FIRST READING/INTRODUCTION) AMENDING ZONING ORDINANCE TEXT AND MAP AND GENERAL PLAN/COASTAL LAND USE PLAN MAPS Senior Planner Shauna Nauman reviewed the final recommendations from the Planning Commission on the amendments to the zoning text and Local Coastal Plan/General Plan Land Use Map. She recommended Council approve the amendments to the Land Use Map by approving Resolution No. 101-95, and approve the amendments to the zoning text by adoption of Ordinance No. 445 for first reading/ introduction. Ms. Nauman addressed Area Map 11 stating the Planning Commission recommended the original proposal from C-VS to C-VS/R-2 to allow the widest range of viable opportunities for the property owner is while maintaining compatibility with surrounding uses. Mayor Yates concurred with the Planning Commission recommendation for Area Map 11. Councilmember Crotzer stated the proposed zoning for Area Map 11 would degrade the residential nature of the neighborhood. He added the proposed zoning would allow such things as RV parking, hotels, and bars. Councilmember Crotzer stated more intensive uses of the area are permitted, but only residential use evolved; the neighborhood should not be encouraged to degrade to more intensive visitor -serving commercial uses. Mayor Yates asked if the Caratans have been advised of this proposed change and asked for their comments. Ms. Nauman responded Mr. Caratan had not been advised personally and has not participated in any of the meetings. Mayor Yates stated he felt it is inappropriate to make major zoning changes without consulting the Caratans about this piece of property. Planning Commission Chairman Chuck Clarke expressed the Planning Commission's feeling that Area 11 would continue to develop and Mr. Caratan should be given more options for his property. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 28, 1995 PAGE 9 • Councilmember Crotzer stated the reason for zoning is so there is similar and compatible uses. He believes visitor -serving uses are totally incompatible with this neighborhood. Councilmember Crotzer stated he would favor down -zoning the area around Morro Avenue. Councilmember Novak stated Council had previously expressed concern about R-2 and R-3 zoning; and felt the discussion had revolved around including bed and breakfasts but not hotels. She said Council listened to testimony from neighbors and decided R-2 or R-3 zoning would be appropriate for this area. Councilmember Unger stated west of Morro Avenue is CVS and east of Morro Avenue is CVS/R-2. She asked John Barta to explain the Planning Commission's reasoning on this. Planning Commissioner John Barta responded only the shaded part of the map was advertised, and the Commission feels all the parcels down to the Embarcadero need to be examined. Mayor Yates concurred with Commissioner Barta. He believes the blufftop parcel could be very important to the City for a park or overflow parking some day; this is a big piece of property under one owner and the Caratans should be consulted. He recommended pulling Area Map 11 in order to reagendize it before the Planning • Commission for further review and advertising. City Attorney David Hunt stated such a decision could result in a new'General Plan and LCP amendment process. Mayor Yates stated people affected by zoning changes should be notified. He said the policy on noticing should be changed; people deserve to state their case. Ms. Nauman noted the Planning Commission recommendation was taken from the original recommendation resulting from conversations with the property owner. She said Mr. Caratan wanted the R-2 added to the CVS. Councilmember Crotzer asked for clarification of the legal notification process. Ms. Nauman responded the package was advertised and circulated as an LCP amendment and map changes for these specific areas. The map would need to be amended, recirculated to all state agencies involved in the review, and circulated for six weeks. She said the whole package will have to wait for resolution of this map before zoning application can be accomplished through the state. Mayor Yates opened the hearing to public comment on Area Map 11. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 28, 1995 PAGE 10 . Mary Phillips stated she would want to be noticed when zoning is changed in her neighborhood because it affects her property. Shoosh Crotzer stated lack of communication on issues wastes time and money for everyone. John Barta supported staff in their efforts in this zoning amendment process. Mayor Yates closed the hearing for public comment on Area Map 11. Mayor Yates asked for Council consensus for approval of Area Map 12; Council concurred. Ms. Nauman noted all other maps have been previously approved, except those discussed tonight. Mayor Yates re -opened the hearing to public comment on the maps; there was no comment and the public hearing was closed. Ms. Nauman reviewed the text amendments stating the only major issue raised by the Planning Commission was in reference to major vegetation. She said the final edits made to this issue provided a better defined version to major vegetation; however, she recommends separating this from the zoning ordinance and creating • a private tree ordinance. Mayor Yates called for a break at 8:53 p.m.; the meeting resumed at 9:15 p.m. Planning Commission Chairman Chuck Clarke addressed Council on the Planning Commission's review of the zoning text amendments, and said the consensus of the Commission is to support the changes listed in their memorandum to Council. Councilmember Unger summarized the changes listed in her memorandum to Council dated August 27, 1995. In addition to her memo, she suggested the focus of major vegetation be pulled out of the ordinance completely and address it as a private tree ordinance. Mayor Yates opened the hearing to public comment. Roz Rogoff stated Council should consider the Planning Commission's recommendations. Harry Rogers stated zoning should be designed so that the people will support the business organizations and the businesses should support the people. • • E • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 28, 1995 PAGE 11 Planning Commissioner Steve Mathieu addressed the zoning amendment requested by Mr. Domenghini stating the owner of Hinson's Tire was not notified. Mayor Yates closed the hearing to public comment. MOTION: Councilmember Unger moved Council approve Resolution No. 101-95 approving amendments to the Land Use Map of the General Plan, and Local Coastal Plan. The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) City Attorney David Hunt made legal clarification regarding the adoption of Local Coastal Plan amendments. Ms. Nauman reviewed density requirements for various zones. Councilmember Unger amended her motion to remove the R-2 section of her memorandum. Councilmember Crotzer stated a constituent threatened a lawsuit against the City if changes are made to the zoning amendments at the llth hour. Mayor Yates expressed concern that Council does not have findings to adopt the Local Coastal Plan amendments. Mr. Hunt stated findings could be found within two weeks, especially with threatened litigation. Mr. Hunt recommended Council adjourn to Closed Session. MOTION: Mayor Yates moved Council adjourn to Closed Session. The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) Council adjourned to Closed Session at 10:03 p.m.; and resumed to regular session at 10:15 p.m. Councilmember Unger clarified that she would like the tree ordinance and major vegetation ordinance removed from the LCP amendments with the exception of the North Main Street Specific Plan. She would also like to remove Section 17.48.280 relating to vertical and lateral access exceptions from her memo, and requested staff be directed to research to see if this section is consistent with the LCP and return their determination to Council. Council concurred and requested the public hearing approving the first reading and introduction of Ordinance No. 445 be continued to the City Council meeting of September 11, 1995. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 28, 1995 PAGE 12 F. ADJOURNMENT The meeting adjourned at 10:19 p.m. Recorded by: M Bridgett Bauer City Clerk • 9 J TO: Mayor Yates • City Council FROM: Ahnawake Ung r DATE: August 27, 1995 SUBJ: Changes Affecting Zoning Ordinance After going through the numerous minutes of the meetings which the Planning Commission held regarding the whole zoning ordinance, I would like to bring forward several points I think Council should consider for change before approving the final zoning ordinance. The following items were approved for change by a consensus of the Planning Commission with input from the public during many public hearings. Later these items were deleted because they were not in underlined italic or l underlined italic bold print when sent to the Commission from the Council. consider these extremely important because they were the result of direct input from the public, they directly affect certain businesses and/or constituents in this city, and they were already approved by the Commission before the Council interfered and they were reversed. 17.24.1000 TABLE: Since C1 doesn't allow tire shops unless it's part of a • five -acre plot, this would affect Hinson's Tire Shop directly. In the table under "Plant nurseries, home improvement centers, and tire shopstauto repair subject to a CUP ..." delete the words "and when part of a planned development shopping center of five acres or greater (Ord 324 Exh B S1, 1988)" (Passed 5-0 by Planning Commission.) — 17.24.050 TABLE Duplex Residential (R2) District. Currently R2 lots require a density of 2900 square feet per unit. Thus, even though a lot is zoned for duplexes, it must be at least 5800 square feet to annually be allowed to have two units. Many neighborhoods are zoned R2. Under the column for "Minimum Lot Area Per Unit" replace the words "2900 sq. ft." with "Two units or 2900 sq. ft." In essence this would produce a strong incentive for owners of non -conforming R2 lots to bring them up to code because they would then become legal units. Second, for those lots with older single family homes, there would be an additional incentive to tear down the old structures and build new, fully conforming duplexes. 0 Page 2 • Third, by allowing duplexes to be built on R2 lots, the city would get its street improvements handled and utilities put underground (electric and cable) as they must be put underground for multi -family development (this is not required with granny units) 17.48.050. (Passed 4-0 by Planning Commission.) 17.24.030 TABLE: Suburban Residential (RA) District. On lots less than an acre, people tend to have horses, cows, goats, etc., which is a nuisance to their neighbors. In the table containing "Crop and tree,farming; viticulture; farming and grazing" add the words "on property of one (12) acre or more" before the words " of not more than two (2) cattle or horses per acre, or not more than four (4) goats or sheep per acre." This would eliminate the problem. (Passed 5-0 by Planning Commission.) 17.40.050 S.1 & 17.40.050 C S.2 Overlay Zone Standards. S.2 zones affect north Morro Bay only. Normally, the load -bearing wall of a structure is on the back wall. As this section is written, the load -bearing wall would have to be relocated, plumbing vents would have to be moved, and the issues of flat roofs leaking water during storms comes into play. • At number 5, delete the words "first floor, ten (10) feet for second floor," which would prevent a "wedding -cake" type of building which I think esthetically is not pleasing. (Passed 3-2 by Planning Commission.) 17.48.280 C Vertical & Lateral Access Exceptions. For your information, the Public Access section of the Coastal Act has been attached. I pinpoint Section 30214 (b) which states " ... it is the intent of the legislature that the public access policies of this article be carried out in a reasonable manner that considers the equities and balances the rights of the individual property owner with the public's constitutional right ..." To correct this we should add subsection "d" to subsection 2 stating: "d. Where adequate access exists nearby." This would make it clear that vertical AND lateral access requirements are only necessary when there is no adequate access nearby, and would make this section more in line with what the Coastal Commission has directed. (There is conversation in the minutes about this, but the Planning Commission -- thinking that this is already covered [and from past experience we know it is not] -- did not act upon it So I bring it forward as my contribution.) ��,�Q��,wo en. '-�,0�6� � 9-�/Y„lit-t,A.�vl.lt✓J RUC Q • Page 3 ATTACHMENT 1 This speaks directly to 17.48.280 C Vertical & Lateral Access Exceptions. § 30212. Access from public roadway (a) Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where (1) it is inconsistent with public safety, military security needs, or the protection of fragile coastal resources, (2) adequate access or nearby, or (3) agriculture would be adversely affected. Dedicated accessway shall not be required to be opened to public use until a public agency or private association agrees to accept responsi- bility for maintenance and liability of the accessway. § 301713 PUBLIC. RESOURCES .CODE 4 3o2r4. Impieemmttttlma d ptthlk seem policies (a) The public sows policies of this article shall be implemented in a manner that takes into account the need to regulate the time, place. and tmmner of public access depending on the facts and circumstances in each case including, but not limited m, the following: (2).Developmenrof aminurpredw «test Bit= Vista LAgoon.-,. .. - . .• . • (3) Provision of access to public.beaches in the City of Carlsbad.. ... .; . . (4) Any other project or activity' benefiting accrual-reaoorce in the eoesW zone in the City of Carlsbad that is provided for in the loot consW program of the City of Carlsbad. .. . -.. .. (c) Not less than, 50 percent of collated and bondedmitigation fecs-shall be expanded for. the purpose - specified -in perograph•(llof subdivlston.(b).. . . _::n.r : - .. • .:. (d) other than to mitigate the agricultural wnveraiAm impacts for which they ace collated, none of the mitigation.fess collated pussuant m.this section shall be used for elements of a project which cause that project to be in compliaoee.with this division or to mitigate a project which would otherwise be inecanstmc with this division. When reviewiag a potential project- for consistency with this subdivision, the State Coastal Conservancy shall consult with the commission. .. Amended state 1.957 ch 490 q c Dave Howell David Hunt Shauna Nauman Planning Commission n i� 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - AUGUST 14, 1995; 5:00 P.M. CLOSED SESSION - AUGUST 14, 1995 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(A), CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION ♦ In the Matter of the George Bankruptcy - U.S. Bankruptcy Court; ♦ City of Morro Bay v. Santa Lucia National Bank - San Luis Obispo Superior Court; ♦ City of Morro Bay v. George - San Luis Obispo Superior Court; • ♦ In the Matter of the Water Rights Applications in the Chorro and Morro Valleys - State Water Resources Control Board; ♦ In the Matter of CMC's Petition for Amendmentto WasteWater Discharge Permit - State Water Resources Control Board; PUBLIC SESSION - AUGUST 14, 1995 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 E 1 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 MEETINGS OF JULY 10, 1995, AND JULY 24, 1995 A-2 RESOLUTION NO. 94-95 APPROVING INTER -FUND TRANSFER FOR ENERGY RETROFIT FINANCING A-3 RESOLUTION NO. 89-95 AUTHORIZING FUNDING FOR EXTERIOR DESIGN SCHEME OF TWO NEW DIAL -A -RIDE VANS A-4 RESOLUTION NO. 95-95 RECOGNIZING THE CALIFORNIA GOLD DISCOVERY TO STATEHOOD SESQUICENTENNIAL A-5 RESOLUTION NO. 97-95 AUTHORIZING SUBMITTAL OF TAX CERTIFICATION FOR PROPOSITION 116; SOUTH BAY BLVD. BIKE LANE GRANT A-6 REJECTION OF CLAIM AGAINST THE CITY; YAKE A-7 REJECTION OF CLAIM AGAINST THE CITY; SAMSON A-8 RESOLUTION NO. 96-95 APPROVING MEMORANDUM OF UNDERSTANDING WITH MORRO BAY FIREFIGHTERS •. UNFINISHED BUSINESS B-1 STATUS REPORT ON ROCK SOLID RECYCLING (AB939) B-2 DISCUSSION ON WATER RESOURCE STATUS C. NEW BUSINESS C-1 PRESENTATION OF FISCAL YEAR 1993/94 FINANCIAL AUDIT D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 GRANTEE PERFORMANCE REPORT ON ECONOMIC DEVELOPMENT/TECHNICAL ASSISTANCE PROJECT (94-EDBG-305) D-2 CONTINUED PUBLIC HEARING ON GPA/LCP/ZOA 01-93; DRAFT WATERFRONT PLAN 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. A PUBLIC PACKET IS ALSO AVAILABLE AT HILL'S COPY CENTER. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE • MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 2 .MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 14, 1995 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL ABSENT William Yates Rodger Anderson Cathy Novak Ahnawake Unger Colby Crotzer Mayor Councilmember Councilmember Councilmember Councilmember STAFF: Jeff Jones Fire Chief Bill Boucher Public Works Director Jim Koser Finance Director Andrea Lueker Recreation and Parks Director Shauna Nauman Senior Planner Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Gary Ryan presented the Lighten Up this evening. MAYOR'S REPORTS & ANNOUNCEMENTS • Mayor Yates made the following announcements: Councilmembers Unger and Crotzer are on vacation. During Closed Session Councilmembers considered the State Water Resources Control Board's recent action, and the City Attorney has been directed to file a motion of reconsideration. Fireman Jim Warner will represent Morro Bay in the World Kayak Races in Costa Rica next month. There is no coffee for City Council meetings due to budget cuts. The cost is $500 per year and he will donate the first $100. Councilmember Anderson donated the second $100. He stated movies will be shown Friday night at the Community Center as part of a crime prevention program for seventh through twelfth grade youths. Councilmember Anderson complimented the Fire Department for quick response for a heart patient in distress at his restaurant. i :liil��id� ' i7 v _v � 41► Y� Jo Merriman asked for a progress report on Twin Bridges. He expressed • concern about potholes and lack of street lights. 1 • Mayor Yates responded the Twin Bridges project should start in April 1996 and be completed by Fall 1996. Stated the street lights cost $60,000 per year and due to budget cuts, mid -block lights will probably be dimmed soon and the road repairs slowed as street crews have been cut. Mary Phillips stated an enforcement officer, registered with the Federal government and the ADA, should be added to City staff and recommended David Hunt for the job. She also asked the reason for disinfecting the Kings Street water tanks. Public Works Director, Bill Boucher, responded that this is necessary due to two improvement projects budgeted for implementation prior to State water delivery. One is the addition of a storage tank on Kings Street and the second is modification of disinfection facilities for City water supply. Mayor Yates stated Recreation and Parks Director, Andrea Lueker, is responsible for ADA requirements and will look into Federal requirements as well. Melody Kremis, recently hired coordinator of the Morro Bay State and National Estuary Programs, introduced herself. She stated that the administrative body for watershed plan development is the Morro Bay State Estuary Watershed Council, which consists of five community •members: Norm Pillsbury, Walt Bremer, Steve Soderstrom, Steve Rebuck, and Les Bowker. Several work groups are developing the plan and the public is invited to participate. Roger Ewing said the garbage company stated 90 more tons of trash had been removed from Morro Bay this year than last year. He believed the increased tonnage was the result of the winter floods. Mayor Yates closed the hearing to public comment. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Novak requested an agenda item on the unreinforced masonry building ordinance status. A. CONSENT CALENDAR Councilmember Novak pulled Item A-1. Mayor Yates pulled A-2. MOTION: Councilmember Novak moved Council approve Consent Calendar Items A-3 through A-8. The motion was seconded by Councilmember Anderson and unanimously carried. (3-0) u •Councilmember Anderson said Police Chief Joe Loven was not present when litigation was under consideration in Item A-7. City Attorney David Hunt responded the attorney for Mr. Samson has written to the City stating the claim will not be pursued. It is appropriate, however, for the City to continue to deny the claim. Councilmember Novak corrected the minutes of July 14, 1995, substituting dissolved in place of resolved in paragraphs 5 and 6 of Page 4. On Page 6, the minutes did not state who made the motion for adoption of Resolution No. 88-95. MOTION: Councilmember Anderson moved Council approve the Item A-1 as amended. The motion was seconded by Councilmember Novak and unanimously carried. (3-0) Mayor Yates asked Finance Director Jim Koser for clarification on the $27,634 transfer in Item A-2. Mr. Koser responded the purpose was to fund the energy savings retrofit program. This is reversing a transfer of General Fund money to avoid an additional appropriation in the current year._ Mayor Yates asked how much money will go to Dial -A -Ride from the General Fund this year? •Mr. Koser responded zero. The savings were generated by a vacant position along with more aggressive claims from TDA for expenses. • Mayor Yates inquired if Dial -A -Ride was being financed completely from TDA funds? Mr. Koser responded it depended on availability of TDA funds. Mr. Boucher stated the TDA claim was filed in May for the full amount. The claim has not been acted upon as yet. Councilmember Anderson asked if the loan for the retrofit program was still required. Ms. Lueker stateda loan had been sought but after discussion with Mr. Koser, it made more sense to fund the project. MOTION: Councilmember Anderson moved Council approve Item A-2. The motion was seconded by Councilmember Novak and unanimously carried. (3-0) 3 • B. UNFINISHED BUSINESS B-1 STATUS REPORT ON ROCK SOLID RECYCLING (AB 939) Mr. Boucher recommended City Council accept the staff report and hear a presentation from ECOSLO staff regarding Rock Solid Recycling. He introduced Public Works Department Administrative Assistant, Janeen Burlingame, who is responsible for franchise contract administration. Mr. Boucher presented the staff report and stated AB 939 requires a 25% reduction in landfill tonnage in 1995 and 50% by the year 2000. The first official reporting year is 1995 and there are anomalies as Mr. Ewing stated. Morro Bay City Councils have stated mere conformance of minimum requirements of AB 939 is not good enough. In the early stages of the program, certain inefficiencies and problems can be expected and, hopefully, can be ironed out. Operations management has been a particularly thorny issue, and Chuck Meissner was invited to work as a liaison between Public Works and Rock Solid. Ms. Burlingame, Mr. Land, and Mr. Rebuck have all been working very hard to make the program succeed. John Ewan, Board Chairman of ECOSLO, introduced Mr. Land and Mr. Rebuck and stated Rock Solid is committed to working with the City to reduce the solid waste stream. •Rock Solid Executive Director, Geoffrey Land, said recycling enjoys significant community support in Morro Bay and progress is being made toward contract goals. Participation rate continues to rise as does diversion tonnage for all materials. Focus must be placed on the business sector and green waste to achieve the 50% goal. Well over half of the solid waste stream is related to businesses. He asked September be designated as Business Recycling Month and presented resolution language. Participation in residential areas as grown steadily from 47% in December 1994 to 51% in May 1995. According to the contract, there is a clause to reevaluate performance standards, and perhaps realistic goals can now be established. Rock Solid Program Coordinator, Steve Rebuck, stated he started his job on July 4, but he has spent more than three years as an ECOSLO trustee. Remarked that students have received promotions and will be working in the offices and in the community. These students will also work with businesses on recycling as the City generates 55% of its waste stream from businesses. Businesses could save 50% of dumpster service cost if materials were sorted and recycled. Cooperation and participation are required by the City, business community, and residents to achieve stated goals. Morro Bay High School teacher, Fayla Chapman, stated a student education program was attempted in February 1995; however, no one came to the meeting. Something new will be attempted in September. 9 •Councilmember Anderson asked Mr. Boucher how the City disposes of green waste. Mr. Boucher replied that contractors are hired and they dispose of the trimmings from trees. Recreation and Parks Director, Andrea Lueker, replied that most grass clippings are left on lawns. The City pays for garbage disposal on a regular basis when the dumpster in the yard fills up. Councilmember Anderson thanked the audience for the demeanor of this meeting. It may be the goals were unrealistic and the garbage company would not have met them either. There is a need for better separation between Rock Solid and ECOSLO in the area of bookkeeping. A coopera- ive effort is now underway, but Rock Solid must understand the frustrations generated by past decisions regarding the awarding of this contract. To some people, the only benefit to the City was the employment of high school students but the question remains whether or not the City is getting its money's worth with Rock Solid. Councilmember Anderson stated the Public Works Advisory Board should look at the contract to see if goals were unrealistic. It is quite possible neither the garbage company nor Rock Solid could have met the goals. Mr. Boucher stated the contractor did not meet the numerical goals. In retrospect, the question is asked if the goals were realistic, however, it is difficult to renegotiate a contract. • Councilmember Anderson asked where the starting figures came from and - Mr. Boucher stated he has not found documentation on original tonnage numbers. • Councilmember Novak was not in favor of renegotiating the contract and since Mr. Rebuck has just started he should be allowed time for new programs to go into effect. Mayor Yates remarked that it has been an issue of contract compliance. From Council's point of view, Rock Solid has been out of compliance in a number of areas. Operations must be handled in a business -like manner and his impression is Rock Solid has not done that. Rock Solid has requested 60 days to review their operations and Council will provide the time. The goal is to make it work and live within the contract and he would like to hear Mr. Land and Mr. Rebuck say they will adhere to that goal. Mr. Rebuck said they all had the same goals. He stated Mr. Upton allowed for billing adjustments, but current staff will not permit adjustments, which causes additional delay. Rock Solid staff is attempting to be responsible and comply with City staff's request. Until another solution is reached, a 1/12 payment monthly is requested to streamline the process. Regular communication is now ongoing and has helped. 5 •Mayor Yates commented they were 30 days into the 60 days requested by Rock Solid. City Council will bring the issue back in September for further review. The focus will be on contract compliance. The suggested resolution will be agendized for the next meeting. B-2 DISCUSSION ON WATER RESOURCE STATUS Public Works Director Bill Boucher summarized the staff report and recommended Council consider updated information and provide direction to staff. There is a point in the City's foreseeable future where water resources will not be adequate without the Chorro Valley water. The City Attorney has been authorized to file a petition for reconsideration of the Chorro Valley groundwater permits. Mayor Yates asked Mr. Boucher what he needed from Council tonight. Mr. Boucher responded he wanted the issue brought out into the open as the situation is serious and very important to the community. City Attorney David Hunt also supported airing the subject before the public. There should be a decision by the State Water Regional Control Board within three months on the reconsideration petition. If no major permit change is granted for the Ashurst wells, the City can file a court action to challenge the SWRCB and a decision could take as long as five to six years to resolve. Other legal issues are involved as well with respect to the California Men's' Colony and supplemental State water. He has informed the County extra contract • costs cannot be passed to the City. Mayor Yates said loss of the Chorro Wells could not be taken lying down. Besides the motion of reconsideration, Council's options are open to follow through with litigation all the way to the State Supreme Court. • C. NEW BUSINESS C-1 PRESENTATION OF FISCAL YEAR 1993/94 FINANCIAL AUDIT Finance Director Jim Koser summarized the staff report and recommended Council accept the Fiscal Year 1993-94 Financial Audit Report. He thanked the auditing firm Butcher and Chambers and introduced Mike Butcher, who offered to answer questions and concerns. Mayor Yates stated this was the best and clearest audit he has seen since becoming mayor. He commended Joyce Bunting for her work. Councilmember Novak agreed the audit was clear and was pleased to see the recommendations and responses from staff. Councilmember Anderson found the findings and recommendations helpful. Setting up a procedural system is important, so Council will never have to enter budget hearings again with so many problems. C •Mr. Butcher said he did not believe in whirlwind audits. The purpose is to provide guidance so the City can navigate as efficiently as possible. He is looking forward to 1994-95 and moving on from there. MOTION: Councilmember Novak moved Council accept the FY 1993-94 Financial Audit Report. The motion was seconded by Councilmember Anderson and unanimously carried. (3-0) D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 GRANTEE PERFORMANCE REPORT ON ECONOMIC DEVELOPMENT/TECHNICAL ASSISTANCE PROJECT (94-EDBG-305) Senior Planner Shauna Nauman recommended City Council hold the public hearing, accept the Annual Grantee Performance Report and authorize its submission to the State Department of Housing and Community Development. Mr. Doug Sevensen of Applied Development Economics was introduced and he stated there were two purposes for this public hearing. The first is to review the progress of the 1994 grant and the second is to discuss the overall availability of grants and funds for 1995. The current study will focus on ways the City can utilize these funds. An additional public hearing will be held to discuss specific applica- tions. The first item is retention of existing light industrial •businesses and the second is an updated analysis of retail market opportunities in the downtown area and strategies to improve performance. The third is the feasibility of a small-scale conference center to help existing motels and hotels attract business trade. The draft report will be completed by October. He summarized the Presentation Agenda for Community Development Block Grants. Mayor Yates opened the hearing to public comment. Roger Ewing asked for consideration of a state-of-the-art haul -out facility for boats 100 tons or less. There is no decent haul -out facility between Monterey and Ventura for large boats. Grant money could possibly be used to fund such a project. Ed Ewing said loans have restrictions and have to be paid back. A 200-ton facility would be much more desirable than a 100-ton facility, but the cost would be great. Charles Palmer said minus tides illustrate the bay's rapid filling in. Between 2,000 and 3,000 acre feet of sediment was deposited in the bay this year. Mary Phillips asked if residential refurbishment projects could be considered for grant applications. r1 L_J • Mr. Sevensen said residential projects could be and have been funded in the past. Mayor Yates closed the hearing to public comment. Councilmember Anderson asked for clarification regarding projects. Mr. Sevensen said waterfront projects were not specifically included in the 1994 grant proposal except for studying industrial business opportunities. A haul -out facility could be a possibility. MOTION: Councilmember Anderson moved Council forward the report to the State Department of Housing and Community Development. The motion was seconded by Councilmember Novak and unanimously carried. (3-0) D-2 CONTINUED PUBLIC HEARING ON GPA/LCP/ZOA 01-93; DRAFT WATERFRONT PLAN Ms. Nauman summarized the staff report, recommended opening a public hearing, and providing additional direction for staff. Mayor Yates asked how much more time was necessary for further review. •Ms. Nauman said the second meeting in September would provide enough time. Some direction on priority between the Parking Management Plan and the Waterfront Specific Plan is necessary. • Mayor Yates said he would prefer to bring the Waterfront Plan back the first meeting in October and postpone the Parking Plan to the first meeting in November. Councilmember Anderson asked where the overlap would be and where he should address his concerns regarding Waterfront parking. Ms. Nauman said he could bring it up now as well as later. Council voted not to consider parking structures in the Waterfront Plan, but would address structures at alternative locations in the Parking Plan. Mayor Yates said there are parking issues on the waterfront as part of both plans. What is her recommendation? Ms. Nauman said parking issues can be addressed in both plans. Policies and programs in the Waterfront Plan which will be implemented in the Parking Plan. The General Plan is a hierarchy of documents. Mayor Yates ashed how will parking be handled? Should the Parking Plan stop at the bluff or will it encompass the waterfront? 8 .Councilmember Novak stated parking should be included in the Parking Plan as land availability is listed in that plan. Mayor Yates opened the hearing to public comment. Suedene Nelson asked if the waterfront document required a parking element. Ms. Nauman said an element is not necessary, but the plan must look at implications for infrastructure and services provided by the City. Traffic, circulation, parking, water, and sewer have to all be factored in and assessed. More research must be done to find where the documents interrelate or overlap. Ms. Nelson encouraged Council to push for a Parking Management Plan. It is an integral part of the Economic Vitality Committee as all surveys indicate parking is an important issue. Ed Ewing commented selective parking enforcement takes place on the waterfront. The Parking Plan should consider issuing local fishermen, a sticker to avoid tickets. Roger Ewing said waterfront parking should be included in the Parking Plan, which should take precedence over the Waterfront Plan. Mary Phillips said local fishermen should be given a break and not • ticketed. • Mayor Yates closed the hearing to public comment. He stated Ms. Nelson reminded him about the importance of the Parking Plan and suggested Council prioritize the Parking Plan. Councilmember Novak said she would continue to work with Ms. Nauman as time permits to bring back a new draft Waterfront Specific Plan. After that, they could work on the creation of a Harbor Development Plan. Mayor Yates said Councilmember Novak wants to work on the Waterfront Plan and Ms. Nauman can only handle so much work. Consensus is sought for top priority regarding the Parking Management Plan, which will be tentatively scheduled for September 24. Ms. Nauman said the State application for zoning is underway. She will prioritize parking for September and waterfront for late October or early November. Mayor Yates said Councilmembers will work on parking in September and it may or may not go on to the Planning Commission. Another six months or longer must not be allowed to go by without some action. N After the second meeting on the plan, it can probably go to the Planning Commission. Once the Parking Plan moves on, then Council can consider the Waterfront Plan. Ms. Nauman asked if the Waterfront Plan would go to the Planning Commission or the Council first. The circulation time will be longer if it is brought before Council first. Mayor Yates responded it would have to come to Council first, regardless of the time. Area 5 will be removed and the plan will be reformatted again. Ms. Nauman said this meeting date certain can be continued to the first meeting in November, in order to save advertising fees. MOTION: Mayor Yates moved Council continue the Waterfront Specific Plan to November 13, 1995. The motion was seconded by Councilmember Novak and unanimously carried. (3-0) MOTION: Mayor Yates moved Council remove from the Waterfront Specific Plan Area 5 and any parts relating specifically to water uses as opposed to land uses. The motion was seconded by Councilmember Novak and unanimously carried (3-0) Councilmember Novak said Area 5 has been renamed Harbor and Navigable Water Area. The plan is to be divided so the Waterfront Master Plan will be just the land area. Moorings, slips, and associated water areas will be contained in a separate plan titled the Harbor Development Plan. This must be done because of policies in the Land Use Plan. Councilmember Anderson asked if the situation was now more complicated for Councilmember Novak. Councilmember Novak responded the new design made it easy to remove Area 5 and associated factors. F. ADJOURNMENT The meeting adjourned at 9:30 p.m. Recorded by: 4 1 (�' z-' y / Dolores Dahlin Deputy City Clerk • 10 r City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is delisted to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - JULY 24, 1995; 5:00 P.M. CLOSED SESSION - JULY 24, 1995 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(A), CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION ♦ Status Report on Pending Litigation. This is a report on status and no action may be taken on any matter not specifically listed. Council may request a specific matter be agendized in the future for action. ♦ Matter of Water Rights Applications in Chorro and Morro Valleys - pending before State Water Resources Control Board. • ♦ Matter of California Men's Colony Application for Amendment of Treated Water Discharge Permit pending before State Water Resources Control Board. ♦ Matters of Valenzuela and San Simeon Landing Bankruptcies - pending before the U.S. Bankruptcy Court. ♦ Matter of George Bankruptcy - pending before U. S. Bankruptcy Court, including City of Morro Bay v. Santa Lucia National Bank, pending before the San Luis Obispo Superior Court. PUBLIC SESSION - JULY 24, 1995 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 ome forward to the podium and state your name and address for the record. Comments should be limited to three minutes. 1 *OUNCIL 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 JUNE 26, 1995 A-2 STATEMENT OF CASH AND INVESTMENTS - JUNE 1995 A-3 EXPENDITURE REPORT - JUNE 1995 A-4 RESOLUTION NO. 91-95 SUPPORTING THE "WEATHER 3" PROJECT A-5 RESOLUTION NO. 90-95 ESTABLISHING THE RECREATION COST RECOVERY CATEGORIES FOR FY 1995/96 A-6 RESOLUTION NO. 92-95 LEASE AGREEMENT FOR LEASE SITE NO. 62-62W A-7 REJECTION OF CLAIM AGAINST THE CITY - TODD A-8 RESOLUTION NO. 93-95 PETITIONING CALTRANS FOR HIGHWAY 1 PEDESTRIAN CROSSING UNFINISHED BUSINESS - NONE C. NEW BUSINESS - NONE D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 CONSIDERATION OF CITY -PROPOSED TREE/MAJOR VEGETATION REMOVAL GUIDELINES FOR PRIVATE PROPERTY D-2 REQUEST TO AMEND MORRO BAY MUNICIPAL CODE CHAPTER 13.20; CHANGE TO WATER TRANSFER REGULATIONS D-3 PEOPLE'S SELF HELP HOUSING ANNUAL GRANTEE PERFORMANCE REPORT D-4 ECONOMIC DEVELOPMENT REPORT - CHAMBER OF COMMERCE D-5 CONTINUED PUBLIC HEARING ON GPA/LCP/ZOA 01-93; DRAFT WATERFRONT PLAN - CONTINUE TO AUGUST 14, 1995 CITY COUNCIL 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. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE 40"DE TO PROVIDE ACCESSIBILITY TO THE MEETING. `a • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JULY 24, 1995 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m. PRESENT: William Yates Mayor Rodger Anderson Councilmember Colby Crotzer Councilmember Cathy Novak Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Dave Howell City Administrator David Hunt City Attorney CLOSED SESSION E-1 GOVERNMENT CODE SECTION 54956.9(A), CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION ♦ Status Report on Pending Litigation. This is a report on status and no action may be taken on any matter not specifically listed. Council may request a specific • matter be agendized in the future for action. ♦ Matter of Water Rights Applications in Chorro and Morro Valleys - pending before State Water Resources Control Board. ♦ Matter of California Men's Colony Application for Amendment of Treated Water Discharge Permit - pending before State Water Resources Control Board. ♦ Matters of Valenzuela and San Simeon Landing Bankruptcies - pending before the U.S. Bankruptcy Court. ♦ Matter of George Bankruptcy - pending before U. S. Bankruptcy Court, including City of Morro Bay v. Santa Lucia National Bank, pending before the San Luis Obispo Superior Court. MOTION: Councilmember Novak moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. • The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:45 p.m. C� • 11 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 - JULY 24, 1995 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger ABSENT: None STAFF: Dave Howell David Hunt Rick Algert Bridgett Bauer Jim Koser Andrea Lueker Shauna Nauman Mike Pond Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Harbor Director City Clerk Finance Director Recreation and Parks Director Senior Planner Acting Fire Chief Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Janice Peters presented the "Lighten Up". MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates read the Closed Session statement. Mayor Yates made the following announcements: ♦ Grace Melton has provided a cake in honor of the City's 31st birthday; ♦ Mills Stationery is providing copies of the City Council agenda and staff reports for public convenience; MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 24, 1995 PAGE 3 • ♦ The tallship California will sail into Morro Bay on August 4th, and will be docked for a few days; • u ♦ Item D-4 has been pulled from the agenda as the Economic Vitality Committee Report is not yet ready; however, Item B- 1 will be added to the agenda as an update of the report; ♦ The display case will be added at Young's Giant Food Market soon. He noted Councilmember Novak has donated $200 of unspent campaign funds to this effort. Mayor Yates complimented the Recreation and Parks Department (Kurt Carmichael) on the Rock to Pier Run, which had over 450 participants. Councilmember Crotzer announced Teen Scene is looking for acceptable activities for local community youths. He said volunteers are being sought and should contact the Recreation and Parks Department if interested. PUBLIC COMMENT Jo Merriman stated he supports the placement of a traffic signal at Yerba Buena and Highway 1. Mr. Merriman also addressed Council regarding State Water. Mayor Yates stated State Water is due by the end of 1996. Councilmember Unger stated a special Public Works Advisory Board meeting is scheduled for July 31st to discuss State Water and encouraged public participation. Mary Phillips said she wrote to the ACLU regarding City Administrator Dave Howell's orders regarding her contact with City staff stating it is a violation of her constitutional rights not to be able to speak to staff. Nevin Sams, CalTrans Traffic Safety Engineer, addressed public concern regarding the intersection at Yerba Buena and Highway 1. He said Caltrans is reviewing the situation and will complete a report in approximately one month. Councilmember Crotzer asked if CalTrans would provide a pedestrian overpass in lieu of a crosswalk or signal? Mr. Sams responded overpasses are extremely expensive (over $1 million); CalTrans does not have money to provide such a structure. Councilmember Novak asked about reducing the speed limit on Highway 1? Mr. Sams responded speed limits are governed by the California Vehicle Code and cannot be artificially lowered. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 24, 1995 PAGE 4 • Councilmember Anderson asked if signage and flashing lights could be added to slow traffic? Mr. Sams responded CalTrans is looking positively at advance warning devices. Councilmember Unger asked if Mr. Sams is aware there is a proposed housing development by the curve on Highway 1 which will require improved circulation? Mr. Sams responded CalTrans is proposing to widen left turn lanes around Yerba Buena within the next three years. Mayor Yates said a petition has garnered over 1,000 signatures and City Council will present a resolution to CalTrans on this issue. He asked Mr. Sams how CalTrans responds to public outreach? Mr. Sams responded petitions are a good way to present information. He noted the State has liability for the roads and provides expertise in searching for solutions; it is not majority public opinion which decides issues for CalTrans. Barbara Playan expressed concern of the dangerous conditions at this intersection and stated a signal is needed for the safety of pedestrians and oncoming traffic. Jane Masterson stated citizens have been begging for a signal since 1985. • Mark Tognazzini stated enforcement of the speed limit on Avalon Street is needed; he has filed complaints with the Morro Bay Police Department regarding this issue. Roz Rogoff stated politicians in Morro Bay seem to recycle the same issues. Jack Hansen thanked Council for a job well done. Roger Ewing complimented Chamber Director Suedene Nelson for expediting signage for "Old Town". He also suggested the City look into obtaining a volume discount from PG&E for the operation of the desal plant. Mr. Ewing addressed Council on parking limits being extended from downtown to the Embarcadero. Mayor Yates responded the Parking Management Plan will be presented to the City Council on September 24th to discuss parking limits. He said staff has obtained the best possible rate from PG&E. Jan Norris presented Council with petitions containing over 1,000 signatures requesting a traffic signal at the corner of Yerba Buena and Highway 1. She noted funds are being raised to challenge the State Parks, the City, and Caltrans to provide a safe pedestrian crossing. • Mayor Yates closed the hearing to public comment. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 24, 1995 PAGE 5 • DECLARATION OF FUTURE AGENDA ITEMS Councilmember Crotzer asked for a response on AB 939, regarding garbage compliance guidelines. 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 JUNE 26, 1995 Mr. Howell recommended Council approve the minutes as submitted. A-2 STATEMENT OF CASH AND INVESTMENTS - JUNE 1995 Mr. Howell recommended Council receive the report for information and file. A-3 EXPENDITURE REPORT - JUNE 1995 Mr. Howell recommended Council approve the report. • A-4 RESOLUTION NO. 91-95 SUPPORTING THE "WEATHER 3" PROJECT Mr. Howell recommended Council adopt the resolution supporting the "Weather 3" Project. A-5 RESOLUTION NO. 90-95 ESTABLISHING THE RECREATION COST RECOVERY CATEGORIES FOR FY 1995/96 Mr. Howell recommended Council adopt the resolution establishing the recreation cost recovery categories for FY 1995/96. A-6 RESOLUTION NO. 92-95 LEASE AGREEMENT FOR LEASE SITE NO. 62- 62W Mr. Howell recommended Council adopt the resolution approving the lease agreement for Lease Site No. 62-62W. A-7 REJECTION OF CLAIM AGAINST THE CITY - TODD Mr. Howell recommended Council reject the claim filed by Linda Todd. A-8 RESOLUTION NO. 93-95 PETITIONING CALTRANS FOR HIGHWAY 1 PEDESTRIAN CROSSING • Mr. Howell recommended Council adopt the resolution petitioning CalTzans for a pedestrian crossing at Yerba Buena and Highway 1. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 24, 1995 PAGE 6 Mayor Yates and Councilmember Crotzer pulled Item A-1 from the Consent Calendar. MOTION: Councilmember Unger moved Council approve the Consent Calendar with the exception of Item A-1. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) Mayor Yates made corrections to the minutes of June 26, 1995, Item C-1, page 7, paragraph 4 and 5 addressing the censure of Councilmember Crotzer. He requested the minutes reflect Councilmember Crotzer's apology, as well as Mayor Yates' statement withdrawing the censure. Councilmember Crotzer stated his concern was substantially reported in the minutes. He said he did not mind the corrections proposed by Mayor Yates. Councilmember Crotzer requested a future agenda item to discuss explicit rules on communication for present and future Councils. Councilmember Crotzer referred to Page 9 of the June 26, 1995 • minutes and corrected the motion stating the vote should read 4-0 since Councilmember Anderson stepped down. MOTION: Councilmember Crotzer moved Council approve the minutes of June 26, 1995 as amended. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 UPDATE ON ECONOMIC DEVELOPMENT REPORT - CHAMBER OF COMMERCE Chamber Director Suedene Nelson supplied Council with an update of the Economic Vitality Committee Report, along with outlining goals of the committee. No action was taken on this item. Mayor Yates called for a break at 7:00 p.m.; the meeting resumed at 7:15 p.m. C. NEW BUSINESS - None. D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 CONSIDERATION OF CITY -PROPOSED TREE/MAJOR VEGETATION REMOVAL • GUIDELINES FOR PRIVATE PROPERTY Senior Planner Shauna Nauman reviewed the report on the Major Vegetation Removal, Replacement and Protection Guidelines. She said final action will not be taken; however, any changes made by • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 24, 1995 PAGE 7 Council will be referred to the Planning Commission as this document is a part of the Zoning Ordinance. Mayor Yates opened the hearing to public comment. Teri Brown was granted ten minutes to make a presentation regarding the guidelines. She referred to the Visual Resources and Scenic Highway Element of the General Plan and presented slides showing areas with and without trees to point out visual impacts. Ms. Brown stated the proposed policy depends on voluntary tree planting and provides no way of tracking loss of trees; lack of permits results in trees being taken out and not replaced. Albert George was also granted ten minutes and presented slides showing Morro Bay from around the turn of the century to the present. He said the slides show the number of trees cut down are only a fraction of the number being planted. He said property owners should have the right to remove problem trees and decide on desirable landscaping on private property. Cayucos resident Mark Schecter, founder of Trees for Cayucos, • stated the planet is going downhill and tree planting is a counter -balance to widespread clear cutting. He suggested Council listen to the trees and require replanting for two trees removed instead of four. Wilbur Sowell stated many trees are reaching the age where they are dying and need to be removed, and property owners should have the right to decide when trees should be removed from their property. Mary Phillips said property owners should have the right to plant or remove trees. She said City parks could use many more trees. Harriet Philpot expressed support for Planning Commission recommendations, which fairly balance the rights of tree owners with the desire to enhance the community with a voluntary tree program. Ric Deschler referred to Morro Bay's status as a bird sanctuary. He said these proposed guidelines are in conflict with the protection of this sanctuary. Roger Ewing stated the issue of the debate has been how to balance the urban forest with respect to private property owners. He said a program is needed which recognizes the rights of • property owners to cut down trees and replace them on City property or someone else's property who cannot afford trees. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 24, 1995 PAGE 8 Roz Rogoff stated the proposed ordinance incorporates protection for endangered species of trees and habitats. She said the voluntary program to donate trees is a good solution. Jo Merriman stated trees are good ecologically, and also increase property values. He said property owners use good common sense when trees are planted or removed. Mr. Merriman stated planting trees in the center of streets would be desirable. Marilyn Rosa stated along with property rights, the community needs to be considered. Al DeSimone said there are too many underlying assumptions about people who want to remove trees. He said the removal of four trees or less is a rational policy. John Lemons stated the removal of trees is an expensive process and carefully considered. He understands the Planning Department is to be notified five days in advance if a tree is to be removed in order to keep tabs on tree cutting. Mr. Lemons noted there are no restrictions on where to plant trees, even if they block neighbors' views. • Harry Rogers stated he has always supported private property rights. He said there has never been a tree problem in Morro Bay, and there is not one now. Mr. Rogers suggested defining major vegetation as 8 inches in diameter instead of 6 inches. Leabah Winter stated each individual cutting down a tree could contribute a little bit to the cost of planting more trees without causing undue hardship. Al Paul stated he does not believe tree regulations are necessary; people who want more trees should form an organization to donate money to plant trees and leave property owners alone. Ernie Miller stated there are situations when trees need to be removed in order to have enough room to build on a lot. He said community organizations can help with City tree programs. Bill Olson supported the proposed Planning Commission recommendations stating the original tree removal policy is not effective due to the length of time it took to get permission to take down a tree with the contagious pine pitch canker. Geraldine Price stated property owners should have the right to do as they please on their land. 0 Mayor Yates closed the hearing to public comment. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 24, 1995 PAGE 9 • Councilmember Crotzer stated trees do allow for a better quality neighborhood. He said the main culprits to be regulated are the large developers who wish to clear the land for ease in marketing. Councilmember Crotzer stated during the ongoing discussions about tree ordinances, he has learned a lot about how private property should be developed in a coastal zone. He noted the Coastal Commission said common sense should dictate the definition of major vegetation. He added people should be able to cut down trees on private property unless there is a landmark tree. Councilmember Crotzer stated if a tree of major proportions is cut down, it should be replaced at a ratio of two to one. He said major vegetation can be defined as 10 or 12 inches and protection can be afforded to the oak tree and the Morro manzanita. Councilmember Novak stated she supports trees, and the tree replacement program. She said she does not support taxation of property owners by having a permit fee. Councilmember Novak stated trees are protected by these proposed guidelines which allow the removal of up to four trees without paying a fee, and should be adopted. Mayor Yates stated this issue is about more than property rights; it is about being reasonable toward one another, and it is about the City government being reasonable to citizens. He said the • four -tree policy appears to be working. Mayor Yates stated a large tree was cut down in his neighborhood, and a replacement tree was planted in Del Mar Park, which did not help his quality of life. He added replacement trees should be planted close to where they were removed. Mayor Yates stated the California Native Plant Society has offered free native trees by request. He noted Councilmember Anderson's tree fund is growing and some of the money should be spent for public trees soon Councilmember Unger stated this is not a matter of property rights, but a matter of fairness, common sense, and reasonableness. She said she will support those people who need to remove a tree that is damaging their property. Councilmember Unger stated she will support the Planning Commission's recommendations and also thanked them for their ongoing efforts. Councilmember Anderson stated he is comfortable with this policy, as Morro Bay wants to have regulations which are a compromise and will increase trees. He planted his trees and, if he chooses to cut them down, he wants to be able to do so. Mayor Yates said he sees no problem with the definition of major vegetation. He will*not support the removal notification. • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 24, 1995 PAGE 10 Councilmember Unger suggested leaving in the last sentence of Item B: "The City will provide property owners with permit information on the City -sponsored volunteer tree program upon request." She took exception to Item G-1. She would like to change the wording to "proposed architectural plans" instead of "all proposed construction plans." Mayor Yates asked why Item G was included at all? Senior Planner Shauna Nauman responded the idea was for major vegetation to be defined; as part of the project review, the Planning Department will know such vegetation is present. Mayor Yates stated the item infers all trees must be listed, whether or not they are major vegetation. Ms. Nauman responded the Planning Commission recommended major vegetation be included in the phrasing for clarity. Councilmember Crotzer stated major vegetation is four trees or more, not pampas grass or bushes. He said landmark trees can be included in the definition, but there are none except the eucalyptus at Morro Bay Boulevard and Kern. Councilmember Novak asked for clarification on Item A-4 referring • to significant habitat. Ms. Nauman responded there are different areas of the Coastal Act which define significant habitat. Generally they relate to environmentally sensitive habitat overlay zones such as a known wetland or riparian habitat. If the habitat became significant because of utilization by a species such as monarch butterflies, then public site notification would result in biological study and environmental review. Projects deemed sensitive would result in referral to an agency such as Fish and Game for analysis. Councilmember Novak suggested the following amendment to Item A- 6(a): "Crop trees and ornamental edible fruit trees are not considered major vegetation; and Item A-6(b): "Diseased, damaged, or aged trees which pose an imminent danger to persons and/or property shall not require a Coastal Development Permit." She said these suggested changes incorporate both the Planning Commission and Coastal Commissions recommendations. Council - member Novak also suggested rewording the item to state: "Exceptions" instead of "exceptions which are not considered major vegetation." She referred to Item C and suggested following the Coastal Commission's recommendation to delete the item as the taking of property is prevented by the Constitution. Mayor Yates called for a break at 9:15 p.m.; the meeting resumed at 9:30 p.m. • Ms. Nauman clarified Council is not reviewing an ordinance; it is a policy guideline to be referenced through the zoning package under the definition of major vegetation, which comes from Coastal Act language on defining development which says removal • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 24, 1995 PAGE 11 of major vegetation requires a Coastal Development Permit. She added state law is clear regarding major vegetation with regard to stream habitat, riparian habitat, and wetlands. Ms. Nauman stated the last word given by the State on paper was to be reasonable; Council can adopt whatever policies it chooses. Councilmember Novak asked City Attorney David Hunt about the language in Item C-3. Mr. Hunt responded he did not agree with Mr. Ginney's characterization of Item C-3 not being necessary. When he states the takings law deals with the issue of denying someone the ability to develop their property, he is right; however, if the standard is different from what is reflected in Item C-3, there is a taking of real property if all reasonable use is denied. Mr. Hunt added he does not believe the fact that the takings law provides for an aspect of protection makes this useless; if Council wishes to include this language, he would not see it as useless. Councilmember Novak referred to the last line in Item D-1, "for a reasonable period", and asked what is a reasonable period? Mr. Hunt responded this type of guideline generally means maintenance until the plant life is viable or established; maintenance time must be interpreted as some period so it does not go on forever. Councilmember Crotzer stated objections were originally made because reasonable time was interpreted to mean in perpetuity; maybe established would be better than reasonable time. Mayor Yates suggested replacing "for a reasonable period" with "established". Councilmember Crotzer stated there is no provision for a threshold which requires any permit anywhere or anytime. He said if no permit is required for scrutiny by the Planning Commission or some other agency, then there will be abuse. Councilmember Crotzer stated he would like to see major vegetation defined as a large tree or several trees; rather than four trees of indeterminate size, he would rather see a guideline of 8 inches if not 12 inches in diameter. He added oak trees and Morro manzanita are both indigenous and threatened in the City and should receive special recognition and protection. Councilmember Crotzer stated there should be an active policy for finding and identifying landmark trees and cutting them should be regulated. He said people should be encouraged to replace trees and to do so on a two -to -one ratio. Councilmember Anderson stated it is obvious these guidelines • require a permit process if more than four trees are to be removed. He said this discussion has to do with trees on private property only; people will not be allowed to use public money to plant on private property and then decide to cut the tree down six months later. • • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 24, 1995 PAGE 12 Councilmember Crotzer asked if protection was afforded to four trees or less of any size? Ms. Nauman responded anything under five would not be considered under these guidelines unless they fell under some other criteria. Councilmember Crotzer stated size should be a criteria. He asked if species was a determining factor regarding permitting? Ms. Nauman responded a threatened species would come under the definition of major vegetation; however, she does not know if there are any threatened species in the City. MOTION: Mayor Yates moved Council approve the Major Vegetation Removal, Replacement and Protection Guidelines as submitted with the following changes: A-5 be changed to read "City -designated or voluntarily identified landmark trees"; A-6(a) to read "Crop trees and ornamental edible fruit trees are not considered major vegetation"; A-6(b) to read "Diseased, damaged or aged trees which pose an imminent danger to persons and/or property shall not require a Coastal Development Permit"; Item B to be removed in its entirety; Item D will have the last sentence read "And are willing to commit to maintain the planted trees until established; the City will provide the property owner with printed information on the City -sponsored voluntary tree program"; and Item G-1 will have the word "major" inserted between existing vegetation. The motion was seconded by Councilmember Unger. Councilmember Novak asked if the new Planning Commission recommendations for language in Items A-1, A-2, A-3, and C-l(b) were included in the motion; Mayor Yates responded no. Councilmember Novak stated if Item B is to be deleted, then Item F-1 (a) and (b) should also be deleted, because those items have to do with notification penalties; if there is no notification, then there will be no penalties. Mayor Yates amended his motion to remove Item F-1 in its entirety. Councilmember Unger accepted the amendment. Ms. Nauman stated the Planning Commission recommends the language changes because it is felt those areas are covered by Coastal commission jurisdiction relative to the Local Coastal Plan. She added the Planning Commission recommended the changes for consistency with the LCP. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 24, 1995 PAGE 13 • Mayor Yates further amended his motion to include the Planning Commission recommendations on Items A-1, A-2, and A-3. The amendment was accepted by Councilmember Unger and the motion carried with Councilmember Crotzer voting no. (4-1) D-2 REQUEST TO AMEND MORRO BAY MUNICIPAL CODE CHAPTER 13.20; CHANGE TO WATER TRANSFER REGULATIONS Senior Planner Shauna Nauman reviewed the citizen request of Harry Rogers to allow the transfer of water equivalencies from one property to another and requested Council direct staff as to whether or not to proceed with an in-depth analysis of possible ramifications. Mr. Rogers addressed Council with his recommendation allowing property owners to be able to move water equivalencies from one property to another with consideration being given to zoning. He said supply and demand determines where businesses should be located. Mr. Rogers stated Measure F would not be impacted as water is already allocated and is just being relocated. Mayor Yates opened the hearing to public comment. Roger Ewing disagreed with Mr. Rogers' request. He said this • proposal would create a situation where water would become a commodity. He said State Water will make any adjustment to water equivalency transfers unnecessary and the point will be moot, and businesses which have water taken away will no longer be viable and not provide a tax base. Mayor Yates closed the hearing to public comment. Council discussed the transfer of water equivalencies and the effects of different businesses. Councilmember Crotzer agreed with Mr. Ewing that water should not become a commodity allowing people with money to be able to obtain water and move it around which will create financial clout to determine demographics. He said Council should protect all citizens and not give special interest to those with financial wherewithal. Councilmember Unger stated water is already a commodity; the rich can afford to buy anything they want, whether legislation is in place or not. Councilmember Crotzer stated water can be used on existing property; however, new water must be created by conservation, which is the mechanism of retrofitting. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 24, 1995 PAGE 14 Mayor Yates stated people are paid for their water equivalencies all the time, making water a commodity. He said not allowing water transfer from a laundromat will not guarantee that the laundromat will remain in business. Councilmember Anderson stated he does not share the concern with laundromats disappearing altogether; if such a situation occurred, someone would turn a restaurant into a laundromat to meet demand. Councilmember Novak stated a certain number of water equivalen- cies could remain on property. She said if someone used the water from a property to start a viable business, then the City is promoting improvement to the City. Councilmember Novak noted if fish processing plants were expanded, water equivalencies would be needed. Councilmember Crotzer stated consolidation of water would occur in areas of expansion, such as the Embarcadero, and the downtown and North Morro Bay areas would not benefit. He said it would be preferable for water equivalencies to be relatively dispersed throughout the community. City Administrator Dave Howell recommended Council refer the concept over to the Public Works Advisory Board to discuss • details such as single ownership of property and the amount of water a particular site should retain. MOTION: Councilmember Anderson moved Council direct the Public Works Advisory Board and Planning Commission to review Mr. Rogers' proposal, and return to City Council within 90 days with a recommendation. The motion was seconded by Councilmember Novak. Councilmember Novak requested the motion include lease sites and residential property. Mr. Howell stated limitations would not have to be imposed; Council could say transfer of water equivalencies between parties, which is all encompassing. The motion carried with Councilmember Crotzer voting no. (4-1) MOTION: Councilmember Unger moved Council continue the meeting past the 11:00 p.m. adjournment rule. The motion was seconded by Councilmember Anderson and carried with Councilmember Crotzer voting no. (4-1) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 24, 1995 PAGE 15 D-3 PEOPLE'S SELF-HELP HOUSING ANNUAL GRANTEE PERFORMANCE REPORT Mark Wilson, Programs Manager of People's Self -Help Housing, presented the Annual Grantee Performance Report and requested Council solicit ideas from staff and the public for the 1996 grant request. He said there are two primary needs: 1) increased home ownership for families earning $25,000 to $35,000 per year; and 2) increased multi -unit rental units. Mayor Yates opened the hearing to public comment. Ed McCracken, People's Self -Help Housing boardmember, stated there is a great need for rental housing for low-income families. Mayor Yates closed the hearing to public comment. Mayor Yates stated Council holds People's Self -Help Housing in high regard and will continue to support their efforts. No action was taken on this item. D-4 ECONOMIC DEVELOPMENT REPORT - CHAMBER OF COMMERCE • This item was pulled from the agenda. An update report was given under Agenda Item B-1. D-5 CONTINUED PUBLIC HEARING ON GPA/LCP/ZOA 01-93; DRAFT WATERFRONT PLAN This item was continued to the August 14, 1995 City Council meeting. F. ADJOURNMENT The meeting adjourned at 11:12 p.m. Recorded by: Bridget City Clerk Cl City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedirma to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and wdI provide a lend of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - JULY 10, 1995; 5:00 P.M. CLOSED SESSION - JULY 10, 1995 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.8, REAL ESTATE TRANSACTIONS INSTRUCTING CITY S REAL PROPERTY NEGOTIATOR REGARDING THE PRICE AND TERMS OF PAYMENT FOR THE PURCHASE, SALE, EXCHANGE OR LEASE OF REAL PROPERTY AS TO ONE PARCEL. PUBLIC SESSION - JULY 10, 1995 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 COUNCILMEM 3ERS 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 Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A CONSENT CALENDAR A-1 Amendment to Department of Boating & Waterways South T-Pier Loan Agreement A-2 Approval of Memoranda of Understanding with Employee Units A-3 Approval of Memoranda of Understanding with PG&E Regarding Desalination • Discharge A-4 Resolution to Adopt Weed Abatement Charges 0 • B. UNFINISHED BUSINESS B-1 Progress Report on Rock Solid Recycling - This item has been pulled, recommended reschedule for July 24 meeting. C. NEW BUSINESS None D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 Resolution to Levy the Annual Assessment for the Maintenance of Bayshore Bluffs Park D-2 Consideration of Garbage Rate Increase Request D-3 Consideration of City -Proposed Tree/Major Vegetation Removal Guidelines for Private Property D-4 Ordinance No. 444 Adopting Cost Recovery Ordinance (Second Reading/Adoption) 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. A COPY OF THESE STAFF REPORTS HAS BEEN MADE AVAILABLE AT MILLS STATIONERY FOR REPRODUCTION. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 10, 1995 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger ABSENT: None STAFF: Dave Howell David Hunt Rick Algert Bill Boucher Dolores Dahlin Jeff Jones Jim Koser • Joe Loven Andrea Lueker Shauna Nauman Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Harbor Director Public Works Director Deputy City Clerk Fire Chief Finance Director Police Chief Recreation and Parks Director Senior Planner Mayor Yates led the Pledge of Allegiance LIGHTEN UP Dave Elliott presented the Lighten Up this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates made the following reports: On behalf of the City expressed sympathy to the family of the young man, Jason Guaschino, who was fatally injured on July 4th at Highway 1 and Yerba Buena. Stated a City Council meeting is scheduled for September 27th, 1995 in Morro Bay with the City Councils from the seven cities in the County. This meeting will be held at the Community Center and everyone is invited to attend. Ed Biaginni informed the City that the Motel Restaurant Association will be providing the remaining sponsorship money to keep the trolley running through the end of the summer. WThe Mayor also expressed his sympathy to the family of Peter Diffley who died recently. PUBLIC COMMENT Leabah Winter asked if Chevron has discussed with the City their proposed water and air pollution control methods. C. Palmer addressed Council regarding the water consumption for the 12 month period ending in June. He also stated that the City would have to raise water rates again in the near future. M. Phillips commented on the desalination process and stated that the City lied to the citizens about the quality of water from the desal plant. R. Ewing extended praise to Fire Chief Jones and his staff for the prompt action taken when a citizen collapsed in front of the Post Office. He also commented on the signing to the Embarcadero and the parking limits of 2 hours on Morro Bay Blvd. but not on the Embarcadero. Also asked the Council to introduce a resolution renaming the downtown area "old town"; stated billboards will be going up shortly along the highway donated by the business community. • PRESENTATION OF CERTIFICATES AND DONATIONS: Mr. Bill Fritch, Chairperson of the Youth Activities Program group in Los Osos donated $6000 to the Recreation and Parks Department to specifically help fund the AFTER & TEEN ADVISORY COMMITTEE activities this summer for the Middle School students. A Certificate of Appreciation and pin were presented to Jerry Ramos on his 30th anniversary with the City. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Unger requested crosswalk on Quintana and overpass over Highway 1. Mayor Yates requested a resolution asking CAL TRANS for signal lights on Yerba Buena and Highway One. An item revising Saturday parking restrictions on Morro Bay Blvd. Councilmember Crotzer an item regarding the business community request for the "old town" designation. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, • the following actions are approved without discussion. P4 • A-1 AMENDMENT TO DEPARTMENT OF BOATING 7 WATERWAYS SOUTH T-PIER LOAN AGREEMENT Mr. Howell the Council approve Resolution #81-95 authorizing the Mayor to execute the amendment to the Department of boating and Waterways (DBW) South T-Pier loan agreement. A-2 APPROVAL OF MEMORANDA OF UNDERSTANDING WITH EMPLOYEE UNITS Mr. Howell recommended Council adopt Resolutions NO. 82, 83, 84 and 85-95 approving the Memoranda of Understanding for the miscellaneous, confidential, police and management employees. A-3 APPROVAL OF MEMORANDUM OF UNDERSTANDING G WITH PG&E REGARDING DESALINATION DISCHARGE Mr. Howell recommended the Council approve the Memorandum of Understanding and adopt Resolution No. 87-05. A-4 RESOLUTION TO ADOPT WEED ABATEMENT CHARGES Mr. Howell recommended the adoption of Resolution No. 78-95 approving charges for the 1995 Weed Abatement Program. A. CONSENT CALENDAR • Item A-3 had been pulled from the agenda prior to the meeting. MOTION: Councilmember Novak moved Council approve the Consent calendar with the exception of Item A-3. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) B. UNFINISHED BUSINESS - None C. NEW BUSINESS - None D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 RESOLUTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF BAYSHORE BLUFFS PARK Recreation & Parks Director, Andrea Lueker, gave a summary of this action and based upon previous staff reports and previous public hearings recommend Council determine the annual assessment for F.Y.1995-96. At a protest hearing on June 10, 1995 the Council adopted a resolution which rescinded Resolution No. 54-95, Intent to Levy. The item was brought back for further discussion as only three members of the Council were present at that meeting. 3 Mayor Yates opened the hearing to public comment. Twenty five people, most residents of Bayshore Village spoke against this assessment citing that this was an unfair tax focusing on a specific group; some felt they were being punished because of the location of the project and the angry homeowners who had lost views; some claimed they were not informed of this assessment when the property was purchased. Five residents of Morro Bay spoke in favor of retaining this assessment citing the loss of revenue and extra tax burden; along with the budget problems the City was encountering. Mayor Yates closed the hearing for public comment. Councilmember Unger commented that this was an ill placed park and agreed with the residents regarding the assessment. Suggested the assessment be cut in half this year and desolved next year. Councilmember Novak agreed with the comments made by Councilmember Unger -- Cut the assessment in half this year and desolve next year. Councilmember Anderson stated the assessment district should • be continued based on the current budget process. Commented that the State Coastal Commission required a park to be dedicated as mitigation for the development of the project. The developer agreed to this condition along with maintaining the park. Councilmember Crotzer stated his position is constant -- Bayshore Bluff assessment of home owners should be continued. When living units are purchased in a development such as this, it is the duty of the real estate agents to inform prospective buyers of these obligations. Stated he felt if this assessment is dissolved it threatens the future of Morro Bay parks as other developments have been approved with conditions for providing and maintaining parks within the development. Mayor Yates commented that the residents were treated unfairly and saw no reason to change his position. MOTION: Mayor Yates moved to approve Resolution 86-95 reducing the assessment to $7,168 for fiscal year 19995-96 and to dissolve completely after the 1995-96 fiscal year. The motion was seconded by Councilmember Unger and carried. (3-2) Councilmembers Crotzer and Anderson dissenting. . D-2 CONSIDERATION OF GARBAGE RATE INCREASE REQUEST . Public Works Director, Bill Boucher, presented the history of this request and stated rate increases have been deferred one year. Three options were presented for consideration and all options suggested a decrease in Franchise Fees. Option I entails an increase of 12% in 1995 and another in 1996; Option II is a single increase of 19.35% in 1995; Option III provides for a 4.5% single increase. All options include decreases to the Franchise Fee to continue current revenue levels. Mayor Yates opened the hearing to public comment. Bill Olson commented that the orange bag service is a subsidy provided by those who put cans on the curb. The fee for the cans does not pay the expense of having these bags picked up. Mr. Cutting commented that the orange bag service is good if you weren't here all the time. Mary Phillips wanted to know who got the aluminum and green waste recycling money? Roger Ewing commented he was very much in favor of the orange bag service and stated his garbage output decreased • substantially. Stated if Council is determined to raise rates, would prefer Option 1. Shoosh Crotzer thought the idea of a raise was ludicrous without an updated audit. Stated Rock Solid had to have a current audit. Nancy Bast stated there were many questions which needed answering before this increase could be put through. Agreed with Ms. Crotzer's comments. Charles Palmer supported Bill Olson's orange bag comments and suggested the recycling rules be changed. Mayor Yates asked Mr. Boucher if he could answer some of the questions raised regarding the audit. Mr. Boucher said there were numerous factors, including lack of auditing firms due to tax time, prevented it from happening. At this point, there was a discussion among the Council about the kind of audit that should be done why it wasn't done. They wondered why the garbage company hadn't received an audit and Rock Solid Recycling did when they were both required by the council to get one. R . Mr. Cattaneo, owner of Morro Bay Garbage stated he was not afraid of an audit. Mr. Cattaneo was frustrated with the Council for balking at the rate increase and claimed the audit was another delay. He asked if an interim increase could be made while the audit was being performed. Mayor Yates closed the hearing for public comment. Mayor Yates stated the garbage company does a good job and felt the City had mistreated them, making them jump through hoops. He stated he was in favor of Option 1. Councilmember Novak concurs with Mayor Yates' comments and felt the orange bag issue should be discussed again and probably revamp the system. Councilmember Unger would not agree to a rate increase without an audit. Councilmember Crotzer concurred that he would not agree to a rate increase without an audit. Suggested the volume being taken to the dump has decreased because of the recycling. Councilmember Anderson stated that an increase in rates was appropriate but felt an audit should be conducted as soon as possible. • MOTION: Mayor Yates moved to adopt Option 1, motion seconded by councilmember Anderson and carried (3-2). Councilmembers Unger and Crotzer dissenting. At this point, the Council took a break and returned at 10:28 p.m. It was noted by the Mayor that another motion was in order to adopt Resolution 88-95. MOTION: Councilmember Novak moved to adopt Resolution 88- 95 granting a rate increase in the amount of 12% to the Morro Bay Garbage Service effective September 1, 1995 and the resolution ameneded deleting the second year increase. Also, the Resolution to be amended to revise the Franchise Fee to 26.6%. Motion was seconded by Councilmember Anderson and carried (3-2). Councilmembers Unger and Crotzer dissenting. D-4 ORDINANCE NO. 444 ADOPTING COST RECOVERY ORDINANCE (SECOND READING) City Administrator, D. Howell, reviewed this item. • MOTION: Councilmember Crotzer moved Council introduce Ordinance No. 444 for second reading by title and number 3 only. The Motion was seconded by Councilmenber Anderson and unanimously carried (5-0). MOTION: Councilmember Unger moved to approve and adopt Ordinance No. 444 as presented. Motion seconded by Councilmember Anderson and unanimously carried (5-0). � _\�]\f6111"ISMlYY The meeting adjourned at 11:00 p.m. Recorded by: Dolores Dahlin Deputy City Clerk • o 7 0 CITY OF MORRO BAY CITY COUNCIL Special Meeting DATE: Thursday, June 29, 1995, 6:00 p.m. PLACE: Multi -Purpose Room Community Center 1001 Kennedy Way Morro Bay CA 93442 CALL TO ORDER AND ROLL CALL Council Present: Bill Yates, Mayor Ahnawake Unger, Vice Mayor Cathy Novak Council Absent: Colby Crotzer Rodger Anderson Staff Present: William T. Boucher, Public Works Director James Kozer, Finance Director MOTION: Unger (Novak, 2nd) That the Council go to closed session. Vote: 3-0. MOTION: Unger (Novak, 2nd) Add the Pacific Gas & Electric Company matter to the agenda. Vote:3-0. The PG&E matter of desal discharge was discussed by the Council. MOTION: Unger (Novak, 2nd) That Council go to open session. Vote: 3-0. Council held a discussion of the PG&E issue. Motion: Novak (Unger, 2nd) That Council approve Resolution 79-95, Agreement with PG &E -- Desal Discharge. Vote: 3-0. PUBLIC COMMENT PERIOD - None A. CONSENT CALENDAR - Not discussed. . B. UNFINISHED BUSINESS - None SPECIAL COUNCIL MEETING JUNE 29, 1995 PAGE 2 C. NEW BUSINESS - Not discussed D. INFORMATION ITEMS - Not discussed. E. ADJOURNMENT: 6:55 p.m. Respectfully submitted, Donna Ramos, Office Coordinator Public Works Department dr:jpa:specccmt 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - JUNE 26, 1995; 5:00 P.M. CLOSED SESSION - JUNE 26, 1995 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(A), CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION ♦ In re the Bankruptcies of San Simeon Sports Boats, Inc., U.S. Bankruptcy Court Case Number 94-13396 RR; and George and Valerie Valenzuela, U. S. Bankruptcy Court Case Number 94-13397 RR; ♦ Matter of the City's Applications for Appropriative Water Rights Before the State Water Resources Control Board, Application Numbers 24239, 24245, 24246, 27386, and 27477. • PUBLIC SESSION - JUNE 26, 1995 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. �1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF JUNE 12, 1995; AND BUDGET MEETINGS OF MAY 31, 1995 AND JUNE 7, 1995 1 W2 STATEMENT OF CASH AND INVESTMENTS - MAY 1995 A-3 EXPENDITURE REPORT - MAY 1995 A-4 RESOLUTION NO. 75-95 TO SET PARKING REGULATIONS FOR PARKING LOT SOUTH OF THE SHELL SHOP ON THE EMBARCADERO AND ANCHOR PARK PUBLIC PARKING AREA A-5 RESOLUTION NO. 76-95 ADOPTING POLICIES FOR FISHERMEN'S MEMORIAL AT ANCHOR PARK A-6 BID AWARD FOR VETERANS' MEMORIAL BUILDING RENOVATION PROJECT; (94-05) A-7 RESOLUTION NO. 71-95 APPROVING RENEWAL OF PROPERTY LEASE TO DAN WIXOM (DBA WIXOM CONCRETE) A-8 RESOLUTION NO. 72-95 DESIGNATING INTEGRATED WASTE MANAGEMENT AUTHORITY AS LOCAL TASK FORCE A-9 RESOLUTION NO. 69-95 AUTHORIZING NOTICE OF COMPLETION FOR TIDELANDS PARK PARKING LOT IMPROVEMENTS; (PW 94-09) A-10 RESOLUTION NO. 70-95 APPROVING TWIN BRIDGES PROGRAM SUPPLEMENT A-11 APPROVAL OF MEMORANDA OF UNDERSTANDING WITH EMPLOYEE UNITS - THIS ITEM . HAS BEEN PULLED FROM THE AGENDA A-12 REJECTION OF CLAIM AGAINST THE CITY; (HAYS) A-13 PROCLAMATION DECLARING JULY 1996 AS "RECREATION AND PARKS MONTH" B. UNFINISHED BUSINESS - NONE C. NEW BUSINESS C-1 RESOLUTION NO. 77-95 CENSURING COUNCILMEMBER COLBY CROTZER C-2 APPROVAL OF TRANSIT DEVELOPMENT PLAN C-3 REQUEST OF THE ECONOMIC VITALITY CORPORATION OF SAN LUIS OBISPO COUNTY TO SELECT THREE NOMINEES TO SERVE ON THE BOARD OF DIRECTORS D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 APPEAL OF PLANNING COMMISSION APPROVAL OF MAJOR MODIFICATION TO CONDITIONAL USE PERMIT 16-93; 875 EMBARCADERO (OTTER ROCK) D-2 RESOLUTION NO. 74-95 ADOPTING FISCAL YEAR 1995/96 OPERATING AND CAPITAL IMPROVEMENT PROJECTS BUDGETS D 3 RESOLUTION NO. 63-95 ADOPTING THE FISCAL YEAR 1995/96 MASTER FEE SCHEDULE V jiffir4 ORDINANCE NO. 444 ADOPTING COST RECOVERY ORDINANCE (FIRST READING/ INTRODUCTION) D-5 CONSIDERATION OF CITY -PROPOSED TREE/MAJOR VEGETATION REMOVAL GUIDELINES FOR PRIVATE PROPERTY - CONTINUED TO JULY 10, 1995 CITY COUNCIL MEETING F. ADJOURNMENT Cl 0 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. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 91 E .0 u MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JUNE 26, 1995 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m. PRESENT: ABSENT: STAFF: CLOSED SESSION William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger None Dave Howell Philip Sinco Mayor Councilmember Councilmember Councilmember Councilmember City Administrator Assistant City Attorney MOTION: Councilmember Unger moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. E-1 GOVERNMENT CODE SECTION 54956.9(A), CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION ♦ In re the Bankruptcies of San Simeon Sports Boats, Inc., U.S. Bankruptcy Court Case Number 94-13396 RR; and George and Valerie Valenzuela, U. S. Bankruptcy Court Case Number 94-13397 RR; ♦ Matter of the City's Applications for Appropriative Water Rights Before the State Water Resources Control Board, Application Numbers 24239, 24245, 24246, 27386, and 27477. The meeting adjourned to Closed Session at 5:05 p.m. and returned to regular session at 5:45 p.m. MOTION: Councilmember Novak moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 5:45 p.m. • 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 1995 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger ABSENT: None STAFF: Dave Howell Philip Sinco Rick Algert Bridgett Bauer Bill Boucher Jeff Jones Jim Koser Joe Loven Andrea Lueker Shauna Nauman Mayor Councilmember Councilmember Councilmember Councilmember City Administrator Assistant City Attorney Harbor Director City Clerk Public Works Director Fire Chief Finance Director Police Chief Recreation and Parks Director Senior Planner Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Councilmember Novak presented the "Lighten Up" this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates presented Certificates of Appreciation to supporters of the City's DARE Program. Mayor Yates stated the annual Fourth of July celebration will be held at Morro Bay High School. Mayor Yates requested Council approval for the addition of New Business Item C-4 to allow a 30-day extension on the Zoning ordinance which was requested by the City Attorney. MOTION: Councilmember Unger moved Council add New Business Item C-4 to the agenda to allow a 30-day extension on the Zoning Ordinance. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 1995 PAGE 3 • PUBLIC COMMENT Roz Rogoff addressed the censure of Councilmember Crotzer stating it is an attempt to stifle Councilmember Crotzer's right to free speech. Roger Ewing stated the censure of Councilmember Crotzer is out of line; there are many important issues in the City and this one makes Council look foolish. Hillary Everett stated the censure issue is divisive and counter- productive; she urged Council not to approve Resolution No. 77- 95. Mary Phillips addressed the 12-foot parking area on her property stating the court said she could park her camper there with handicapped plates; however, the City says she can not. She said she is being harassed by the City and refuses to move her vehicle, and threatened to sue the City. Bill Raflowski asked for clarification of City tree policy and suggested Morro Bay be renamed Firewood City. Leabah Winter said she is saddened and angered by the proposal to censure Councilmember Crotzer. • Christine Granados spoke against the proposal to censure Councilmember Crotzer, stating it is politics at its worst. Nancy Bast stated to censure Councilmember Crotzer is stifling a member of Council in what he believes is right. She said Councilmember Crotzer speaks for many citizens. Howard Smith said the proposal to censure Councilmember Crotzer is disproportionate to the trivial lack of judgment exercised by Councilmember Crotzer. He said a solution would be to have a policy that all communications to County or State organizations be approved by the Mayor before mailing. Barry Dorfman stated the censure of Councilmember Crotzer shows a lack of leadership. He said communications should be improved. Harry Rogers complimented the undergrounding of utilities on Morro Bay Boulevard at the entrance to the City. He also addressed tourism dollars and the competition involved. Cathy Cordero read City Council minutes from the July 27, 1993 Council meeting regarding correspondence received by Mayor Sheetz and not shared with Councilmembers wherein a motion was approved to share information in a Read File. She said it is important • this censure teach ethical standards in the process. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 1995 PAGE 4 • Jack Hansen addressed the censure proposal stating those who say it is trivial are those who are still talking about issues that should be over. Dale Reddell expressed support for the Planning Commission to review the Zoning Ordinance for 30 more days. He said the Commission's hands are tied because members can only look at items Council or staff have asked them to review. Mr. Reddell stated more advertising should be done in order to receive more public comment. He added on the censure issue, only people who have not served as Councilmembers are critical of the proposal; he supports the censure. Mayor Yates closed the public comment period. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Anderson requested an agenda item to receive an update regarding compliance with the Rock Solid Recycling contract. 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 JUNE 12, 1995; AND BUDGET MEETINGS OF MAY 31, 1995 AND JUNE 7, 1995 Mr. Howell recommended Council approve the minutes as submitted. A-2 STATEMENT OF CASH AND INVESTMENTS - MAY 1995 Mr. Howell recommended Council receive the report for information and file. A-3 EXPENDITURE REPORT - MAY 1995 Mr. Howell recommended Council approve the report. A-4 RESOLUTION NO. 75-95 TO SET PARKING REGULATIONS FOR PARKING LOT SOUTH OF THE SHELL SHOP ON THE EMBARCADERO AND ANCHOR PARK PUBLIC PARKING AREA Mr. Howell recommended Council approve Resolution No. 75-95 to set parking regulations for the parking lot south of the Shell Shop on the Embarcadero and Anchor Park public parking area. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 1995 PAGE 5 • A-5 RESOLUTION NO. 76-95 ADOPTING POLICIES FOR FISHERMEN'S MEMORIAL AT ANCHOR PARK Mr. Howell recommended Council approve Resolution No. 76-95 adopting a policy for maintenance of the Fishermen's Memorial at Anchor Park. A-6 BID AWARD FOR VETERANS' MEMORIAL BUILDING RENOVATION PROJECT; (94-05) Mr. Howell recommended Council reject all bids and direct staff to review and amend the scope of work and readvertise the project. A-7 RESOLUTION NO. 71-95 APPROVING RENEWAL OF PROPERTY LEASE TO DAN WIXOM (DBA WIXOM CONCRETE) Mr. Howell recommended Council adopt Resolution No. 71-95 approving the renewal of property lease to Dan Wixom, and schedule final execution of the document at the June 29, 1995 Morro Bay/Cayucos JPA meeting. A-8 RESOLUTION NO. 72-95 DESIGNATING INTEGRATED WASTE MANAGEMENT AUTHORITY AS LOCAL TASK FORCE • Mr. Howell recommended Council approve. Resolution No. 72-95 designating the Integrated Waste Management Authority as the Local Task Force. A-9 RESOLUTION NO. 69-95 AUTHORIZING NOTICE OF COMPLETION FOR TIDELANDS PARK PARKING LOT IMPROVEMENTS; (PW 94-09) Mr. Howell recommended Council approve Resolution No. 69-95 authorizing the Notice of Completion for the Tidelands Park parking lot improvements. A-10 RESOLUTION NO. 70-95 APPROVING TWIN BRIDGES PROGRAM SUPPLEMENT Mr. Howell recommended Council approve Resolution No. 70-95 approving the Twin Bridges Program Supplement. A-11 APPROVAL OF MEMORANDA OF UNDERSTANDING WITH EMPLOYEE UNITS This item was pulled from the agenda. A-12 REJECTION OF CLAIM AGAINST THE CITY; (HAYS) Mr. Howell recommended Council reject the claim filed against the City, and authorize the City Clerk to send the appropriate • rejection letter. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 1995 PAGE 6 • A-13 PROCLAMATION DECLARING JULY AS "RECREATION AND PARKS MONTH" Mr. Howell recommended Council adopt the Proclamation declaring July as "Recreation and Parks" month. MOTION: Councilmember Unger moved Council approve the Consent Calendar with the exception of Item A-11 which has been pulled. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) B. UNFINISHED BUSINESS - NONE. C. NEW BUSINESS C-1 RESOLUTION NO. 77-95 CENSURING COUNCILMEMBER COLBY CROTZER Mayor Yates stated the letter sent to the Coastal Commission by Councilmember Crotzer was not in the best interest of the City. He said he has supported Council majority on issues even when he disagreed. Mayor Yates expressed the importance of equal access to information; every Councilmember needs to know what the others are doing; otherwise, Councilmembers are working in five different directions. He said the issue at hand is that Councilmember Crotzer wrote a letter to the Coastal Commission and intentionally failed to copy other Councilmembers; and this • embarrassing issue must be conducted in public, according to the Brown Act. Councilmember Crotzer thanked his supporters and said his decisions are based on the common good for everyone. He said the Brown Act requires any discussion of a business item can only occur with one other Councilmember, which results in a loss of communication. Councilmember Crotzer stated during Mayor Yates' second term, he has disagreed with him on several issues and there has been an accumulation of frustration and friction between himself and the Mayor. He said the City Attorney, as of last week, knew of no written policy requiring all correspondence to be contained in a Read File. Councilmember Crotzer stated he was unaware of such a policy and would have abided by it if he had known. He said there is no intent to be secretive or hide what he says. Councilmember Crotzer stated he announced during a Council meeting that he would write to the Coastal Commission regarding the tree issue and his concern of whether or not the law was being violated in regard to tree cutting. Councilmember Crotzer stated he would like to agendize an item to discuss Council policy on communications. He said all prior policies should be included in the packet of information compiled for new Councilmembers. Councilmember Crotzer stated if this censure is an attempt to temper or drown his remarks, the result • will be to steel his resolve and he will not be silenced. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 1995 PAGE 7 • Mayor Yates said he did not believe, after two and one-half years, Councilmember Crotzer did not know Councilmembers were supposed to copy correspondence to each other. He asked if Councilmember Crotzer agrees this will not happen again? Councilmember Crotzer responded he is asking that the policy be agreed to and recognized. Mayor Yates said it has always been that way, from the day they were elected. Councilmember Crotzer said he had never seen the document before and did not know he had to make copies to other Councilmembers. He stated if he did do anything wrong, he apologized. Mayor Yates stated he would withdraw the censure based on Councilmember Crotzer's apology and knowledge of the policy to copy correspondence to Council. He said it was humiliating and embarrassing to go through this process in public. Councilmember Crotzer stated he is on the majority on most votes; this issue is based only on politics and he has no personal animosity. Councilmember Anderson stated policy is in place that any City • business written about or received by Councilmembers will be copied to each member. He said the issue here is a matter of procedure and letters written or received should be copied to each member. Councilmember Crotzer stated when asked if he wanted his mail opened for him, he responded no. He asked if it is a requirement that mail is opened by the City Clerk? Assistant City Attorney Philip Sinco responded it is his understanding that letters addressed to Councilmembers at City Hall are public documents. City Administrator Dave Howell suggested a policy be drafted for review and brought back before Council. Councilmember Unger stated when she was a minority member of the Council, she did not appeal to County or State agencies for a different decision. She said she was not asked if she wanted her mail opened, instead she assumed it was policy as almost all correspondence is public record. Mayor Yates asked Councilmembers if they had been asked about having their mail opened; the response was negative. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 1995 PAGE 8 • Councilmember Novak stated she was angered by the tone of Councilmember Crotzer's letter to the Coastal Commission, and the inference that adequate public hearings are not held in Morro Bay is not true. She said when she wanted to write to Congresswoman Andrea Seastrand, she researched City policy and decided she could not write the letter on City letterhead. Councilmember Crotzer asked the City Attorney if there was a City policy prohibiting such letters on City letterhead? Mr. Sinco responded it was up to the Council to determine policy. No further action was taken on this issue. Mayor Yates called for a break at 7:28 p.m.; the meeting resumed at 7:54 p.m. D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 APPEAL OF PLANNING COMMISSION APPROVAL OF MAJOR MODIFICATION TO CONDITIONAL USE PERMIT 16-93; 875 EMBARCADERO (OTTER ROCK) Councilmember Anderson stepped down due to conflict of interest. • Senior Planner Shauna Nauman reviewed the background on this continued public hearing. She stated since the public hearing of May 22, 1995, new issues have been discovered that were not previously addressed. Ms. Nauman stated both staff and the applicant have concurred the project as previously proposed is not appropriate at this time. She said the applicant will submit a new application within 45 days to be re -reviewed by the Planning Commission. Ms. Nauman recommended the following to Council: 1) accept the applicants request to withdraw and resubmit the modification request and deem the appeal moot or uphold the appeal and deny the permit request; and 2) direct staff as to whether or not the appeal fee of $253.50 should be refunded as requested by the appellant. Mayor Yates opened the hearing for public comment. Roger Ewing, appellant, stated with the application being withdrawn, he finds the issue to be moot. He said on the issue of the appeal fee, he finds it to be exorbitant and requested Council reduce or refund his fee. Mary Phillips stated paying a fee to see justice is incorrect and unconstitutional. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 1995 PAGE 9 • Leabah Winter requested the appellant's fee be refunded due to the issue being withdrawn. Dale Reddell stated the appeal fee should be a fixed fee instead of on a sliding scale as it is presently. Mayor Yates closed the hearing for public comment. MOTION: Mayor Yates moved Council approve refunding the appellant's filing fee of $253.50. The motion was seconded by Councilmember Unger and unanimously carried. (4-0) Councilmember Anderson returned to his seat. D-2 RESOLUTION NO. 74-95 ADOPTING FISCAL YEAR 1995/96 OPERATING AND CAPITAL IMPROVEMENT PROJECT BUDGETS Finance Director Jim Koser reviewed .the Fiscal Year 1995/96 Operating and Capital Improvement Project Budgets and recommended Council approve Resolution No. 74-95 adopting the budgets. Councilmember Crotzer referred to Item 3 in Resolution No. 74-95 and asked what was the intent of this statement? • Mr. Koser responded within the City structure, a department may be made up of several divisions, and each division has its own budget. He said generally, the statement is intended to say budgetary control is intended to be at the division level; however, the City Administrator is authorized to make transfers between departments. Mr. Koser added money being transferred between funds is a different matter which requires Council approval. Mayor Yates opened the hearing to public comment. Charles Palmer stated Council should consider overhauling the Wastewater Treatment Plant fund so that 70% of sewer upgrade will not be paid in interest during the next few years. Public Works Director Bill Boucher responded there is an existing line item for plant replacement and a depreciation schedule analysis is ongoing between the City and the Cayucos Sanitary District. Mary Phillips stated water and sewer fees should be separate; the reserve sewer fund should be used to pay for water. She said the City should sell the desalination plant to the Central Valley farmers; the atmosphere is robbed of oxygen by the operation of this plant. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 1995 PAGE 10 40 Leabah Winter addressed Lynda Merrill's letter to the editor regarding budgeting of Target Rock. Mayor Yates responded the Target Rock launch ramp is unfunded as is the street overlay and the harbor office building; the letter is misinformation. Councilmember Unger asked Mr. Koser to address Ms. Merrill's contention that hundreds of thousands of dollars are listed as non -departmental. Mr. Koser responded he prepared a list of line items making up the services category; included are legal services and professional services, communications, advertising, printing and copying, transportation and travel, dues and subscriptions, professional development, liability and fire insurance, fidelity bonds, utilities, repair and maintenance services, rents and leases, uniform supply and cleaning services, vehicle insurance, and mandatory state licenses and certificates. He said non - departmental items include such things as garbage services for trash bins in the City, street lighting, postage and mailing, utilities and water for median strips and City buildings. Mr. Koser stated when Ms. Merrill asked for line item detail, which would take several hours of staff time to compile, there would be a charge to provide the information. • Councilmember Novak expressed appreciation to staff for all the work accomplished on this budget. She said she is sorry for the employees who will be lost. Councilmember Novak stated as caretakers of the City, Council must approve a balanced budget. Councilmember Crotzer stated budget time is onerous and Council got through it in three days. He appreciated staff's comment there is still room for improvement in terms of fulfilling Council's need for information. Councilmember Anderson stated the budget process has been painful for everyone. He said when it came to light there had been several years of deficit spending, Council faced a bigger task in correcting a bad course of spending. Councilmember Anderson stated it is unfortunate that not only programs but positions were lost. Mayor Yates thanked Mr. Koser and all the department heads for getting through this difficult process. He expressed sadness for those employees who lost their positions. Councilmember Unger stated Council is very aware of their responsibility to the City. She said she wrestled with the decision regarding layoffs and extended her deepest sympathy to • those who have been layed off. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 1995 PAGE 11 • MOTION: Councilmember Unger moved Council approve Resolution No. 74-95 adopting Fiscal Year 1995/96 Operating and Capital Improvement Project Budgets. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) D-3 RESOLUTION NO. 63-95 ADOPTING THE FISCAL YEAR 1995/96 MASTER FEE SCHEDULE Finance Director Jim Koser stated Morro Bay Municipal Code Section 3.34.020 provides for the annual review and revision of the Master Fee Schedule by Council. He said the majority of the fee increases proposed for Fiscal Year 1995/96 are based upon the change in the Consumer Price Index over the last year. Mr. Koser recommended Council approve Resolution No. 63-95 adopting the Fiscal Year 1995/96 Master Fee Schedule. Mayor Yates opened the hearing to public comment. Mary Phillips addressed the proposed $25 per hour research charge and photocopy fees. She recommended a copy machine be placed in the lobby at City Hall for public use. Councilmember Unger stated each division use to charge a different amount for copies; now, the same amount will be charged • throughout the City. Charles Palmer stated he regularly purchases information from the City. He said if research has to be done, that is one thing; but if a piece of paper just has to be copied, 75 cents is too much. Nancy Bast stated she thought 15 cents a copy was bad. She said the public needs and deserves staff reports, and to pay 75 cents for the first page and 15 cents for each additional page will stifle information going out to the public. Cathy Cordero stated she appreciates the public's concern about such a high photocopy charge, and recommended providing more copies of staff reports around town to provide greater access. Leabah Winter stated there was previous discussion to place staff reports at Mills Stationery to allow people to run off copies. Mayor Yates closed the hearing to public comment. Mayor Yates stated he agrees with Ms. Winter and asked if a public packet could be kept at Mills for those wishing to make copies? Mr. Howell stated the increase in copy charges is to cover staff • time. He said a public packet will be placed at Mill's Stationery for public access. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 1995 PAGE 12 Councilmember Anderson stated it costs a great deal more than 75 cents for staff time when an item has to be researched which goes back a few years; it is certainly less costly to copy current items than to research old reports. Councilmember Anderson addressed appeal fees stating fees are necessary so people will file legitimate appeals. He said questions regarding the sliding scale are valid and asked if it costs more in staff time when the original application is more expensive? Senior Planner Shauna Nauman responded the more complicated a project is the more it generates complicated appeal issues. Mayor Yates said he supports the sliding scale; the bigger the project the more the fee. He said if the appeal prevails the money should be refunded; if the appeal fails the fee pays for staff time. Councilmember Unger stated the return check charge is too low; she would like the fee to be $15 which is what banks charge. Mayor Yates asked Mr. Howell to reiterate the law on how much the City can increase fees. • Mr. Howell responded it depends on whether it is a fee or a penalty; if it is a penalty such as the water posting, then it does not have to be based on actual cost of service. Mr. Koser stated the return check charge can be raised to $15; the City could also exercise its rights in Small Claims Court and ask for damages on bounced checks. Councilmember Unger addressed fees for satellite dishes and asked if 18-inch satellite dishes are the same as antennas? Mr. Howell stated his understanding is the Planning Department has two categories of satellite dishes, under and over 30 inches; the recommendation will be dishes under 30 inches will have no fees. Councilmember Unger referred to the home occupation processing fee stating a small business person is double -charged with this fee as well as a business license fee. Mr. Howell responded the Business License charge is a tax not a fee; and the Home Occupation Permit is a use permit to operate a business in a residential zone. He noted the permit fee has been reduced to $10 this year. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 1995 PAGE 13 • Mr. Koser stated there are two categories in Home Occupation: Exception License and Basic License. He said Section 5.08.130 provides for people who operate out of their homes ancillary to their primary occupation; such people would pay $33.50 instead of $84. Councilmember Unger inquired about Fire Department suppression fees. Fire Chief Jeff Jones responded the fee is charged to the ambulance provider, not the patient. He said the fee was established because the City is assisting ambulance personnel. Councilmember Novak addressed major vegetation fees and asked how the schedule is computed since Council has not completed a tree policy? Ms. Nauman responded the fees were based on last year's schedule. Councilmember Novak asked why the concealed weapon permit is being increased by such a high amount? Police Chief Joe Loven responded the amount reflects the cost of a complete background check for an applicant. • Councilmember Novak stated mooring area impound fees should be increased in the harbor. She said if slip holders and T-Pier holders are to be charged a higher fee, then the increase should be equally applied. Councilmember Novak suggested 45 cents instead of 40 cents for impound fees and 10 cents instead of 8 cents for the Al-5 mooring area. Councilmember Anderson suggested the mooring fee for the floating dock be raised to 12 cents from 10 cents. Mr. Algert stated the floating dock is an improved facility and should have a higher fee than the mooring area. Councilmember Anderson stated the floating dock fee should be revised upward if the mooring area fee is raised. He said it is certainly easier to off load onto a floating dock than onto a boat. Councilmember Unger asked for clarification on the fees for tree removal. Ms. Nauman responded a Coastal Permit is required only if five or more trees are to be cut down; if less than five trees are to be cut, then no permit or fee is required. • Councilmember Unger asked how Council can vote on fees on major vegetation when it has not yet been defined? • 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 1995 PAGE 14 Mayor Yates stated an interim policy is in place and the Planning Department needs to have a schedule of fees. Councilmember Unger asked if Council will have the opportunity to revise these fees later in the year once new definitions are in place? Mayor Yates stated fees are not determined by ordinance but are set by resolution which allow Council to revise fees if necessary. MOTION: Mayor Yates moved Council approve Resolution No. 63-95 with the following changes: Page 3, returned check charge increased from $10.25 to $15; Page 31, 10 cents per foot for the floating dock increased to 12 cents; 8 cents per foot after day 6 in the mooring area increased to 10 cents; 40 cents per foot for impounded vessels increased to 45 cents per foot. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mayor Yates called for a break at 9:20 p.m.; the meeting resumed at 9:40 p.m. D-4 ORDINANCE NO. 444 ADOPTING COST RECOVERY ORDINANCE (FIRST READING/ INTRODUCTION) Police Chief Joe Loven reviewed the proposed Ordinance No. 444 adopting a Cost Recovery Ordinance stating this new ordinance establishes Chapter 3.40 to Title 3 of the Morro Bay Municipal Code under Revenue and Finance, which authorizes a program for cost recovery of emergency response costs incurred by the City as a result of negligent or intentionally wrongful acts, including the driving or operating of a motor vehicle, vessel, or aircraft while under the influence of alcohol and/or drugs. Chief Loven recommended Council approve Ordinance No. 444 for first reading and introduction. Mayor Yates opened the hearing to public comment; there was no comment and the public hearing was closed. MOTION: Councilmember Unger moved Council introduce Ordinance No. 444 for first reading by title and number only. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) City Administrator Dave Howell read the ordinance by title and number only. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 1995 PAGE 15 • MOTION: Councilmember Novak moved Council approve Ordinance No. 444 for first reading and introduction. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) D-5 CONSIDERATION OF CITY -PROPOSED TREE/MAJOR VEGETATION REMOVAL GUIDELINES FOR PRIVATE PROPERTY This item was continued to the July 10, 1995 City Council meeting. C-2 APPROVAL OF TRANSIT DEVELOPMENT PLAN Public Works Director Bill Boucher reviewed the Transit Development Plan prepared by Nelson/Nygaard Consulting Associates. He stated the City currently does not have an approved Transit Development Plan for Morro Bay Dial -A -Ride, and without the plan, the City is at risk of losing TDA funds. Mr. Boucher recommended Council approve Resolution No. 67-95 approving the plan. Councilmember Unger asked how much of the system costs are covered by the City? Mr. Koser responded there is no General Fund subsidy in 1995-96. • MOTION: Councilmember Novak moved Council approve Resolution No. 67-95 approving the Transit Development Plan. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) C-3 REQUEST OF THE ECONOMIC VITALITY CORPORATION OF SAN LUIS OBISPO COUNTY TO SELECT THREE NOMINEES TO SERVE ON THE BOARD OF DIRECTORS City Administrator Dave Howell reviewed the request of the Economic Vitality Corporation of San Luis Obispo County for Council to submit three nominees for selection consideration to serve on the 25 member Board of Directors of the Economic Vitality Corporation. Mayor Yates nominated Diana Vavrek to be considered to serve on the Economic Vitality Corporation Board; Councilmember Unger nominated Nick Mendoza; and Councilmember Novak nominated John Zaver. MOTION: Mayor Yates moved Council submit the nomination of Diana Vavrek, Nick Mendoza, and John Zaver to the Economic Vitality Corporation for their consideration for the Corporation's Board of Directors. The motion • was seconded by Councilmember Unger and unanimously carried. (5-0) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 1995 PAGE 16 C-4 EXTENSION OF ZONING ORDINANCE TIME FOR THE CITY ATTORNEY Mayor Yates stated the City Attorney has requested an additional 30 days to review the Zoning Ordinance. Councilmember Crotzer stated there are concerns the process is taking a long time and more issues are being considered than originally intended. He said the Planning Commission is only authorized to deal with proposed changes determined by Council. Senior Planner Shauna Nauman stated Council direction was for the Planning Commission to review changes proposed by Council and staff; however, according to the City Attorney, the Commission is not precluded from looking at other portions of the document, even though specific direction was not given by Council. Assistant City Attorney Philip Sinco said the issue is whether or not to accommodate the City Attorney's request for an extension of time for review. He said no formal action is required, although it is perfectly reasonable to do so. Mayor Yates stated the Commission should be allowed to review the whole working document. • Councilmember Crotzer said direction from Council was for Commissioners to review Council changes. He said this process has been going on for a long time, and it will be extended further if Planning Commissioners look at new issues. Mayor Yates asked if changes made by Council when the document returns from the Planning Commission will require the ordinance to go back to the Commission again. Ms. Nauman responded if changes are substantive and not previously considered there will be the risk of the document going back to the Commission; if changes are not substantive, Council could take action. Councilmember Anderson stated he would not be opposed to another delay if there was only one opportunity to submit the ordinance. Ms. Nauman stated the package is a rewrite of the entire Zoning Ordinance and needs to be certified so there is a working document to amend. She said the package needs to be finished and a list can be examined at a later date. Ms. Nauman stated the 30-day extension will allow the Planning Commission to bring the ordinance before Council the first meeting in August. Mayor Yates stated the 30-day extension is firm and the process. • should not go beyond that date. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 1995 PAGE 17 Council concensus was to grant the 30-day extension. No further action was taken on this item. F. The meeting adjourned at 10:03 p.m. Recorded by: Bridgett Bauer City Clerk • 0 City of Morro Bay S City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. PUBLIC SESSION — JUNE 12, 1995 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. 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 22, 1995; AND THE SPECIAL MEETINGS OF MAY 24, 1995 AND MAY 25, 1995 A-2 BID AWARD FOR VETERANS' MEMORIAL BUILDING RENOVATION — THIS ITEM HAS BEEN PULLED FROM THE AGENDA A-3 RESOLUTION NO. 65-95 IN SUPPORT OF ESTABLISHING A MARITIME MUSEUM IN MORRO BAY A-4 PROCLAMATION DECLARING JUNE 19, 1995 AS "SPECIAL OLYMPICS/LAW ENFORCEMENT TORCH RUN DAY" B. UNFINISHED BUSINESS — NONE C. NEW BUSINESS C-1 DISCUSSION OF GENERAL FUND RESERVE POLICY • C 1 PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 RESOLUTION NO. 68-95 ADOPTING FISCAL YEAR 1995/96 APPROPRIATION LIMITS D-2 ORDINANCE NO. 444 ADOPTING COST RECOVERY ORDINANCE (FIRST READING/ INTRODUCTION) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA D-3 RESOLUTION NO. 66-95 ORDERING THE LEVY OF AN ANNUAL ASSESSMENT FOR THE BAYSHORE BLUFFS PARK MAINTENANCE ASSESSMENT DISTRICT 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. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 12, 1995 VETERANS MEMORIAL HALL - 6:00 P.M. Vice Mayor Unger called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Ahnawake Unger Vice Mayor Rodger Anderson Councilmember Colby Crotzer Councilmember ABSENT: William Yates Mayor Cathy Novak Councilmember STAFF: Dave Howell City Administrator David Hunt City Attorney Bridgett Bauer City Clerk Jim Koser Finance Director Joe Loven Police Chief Andrea Lueker Recreation and Parks Director • Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Ed McCracken presented the "Lighten Up" MAYOR'S REPORTS & ANNOUNCEMENTS - None. PUBLIC COMMENT Lorraine Yake addressed Council on the increased water rates stating permanent residents should not receive the same rates as weekenders and tourists. Geraldine Price expressed her concern with the increased water rates stating the City should target the large water users with the increase. Mary Phillips addressed Council regarding letters received from City Administrator Dave Howell regarding her contact with City staff; and also regarding the placement of a handicap parking • space in front of her house. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 12, 1995 PAGE 2 • Grace Melton stated June 14th is National Flag Day. Charles Palmer addressed Council on the proposed water rates and the financial situation of the City. Roger Ewing addressed Council regarding parking restrictions being placed downtown and not on the Embarcadero which is unfair. He said instead of a citation, the City should issue a courtesy slip as a warning. 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 MAY 22, 1995; AND THE SPECIAL MEETINGS OF MAY 24, 1995 AND MAY 25, 1995 Mr. Howell recommended Council approve the minutes as submitted. • A-2 BID AWARD FOR VETERANS' MEMORIAL BUILDING RENOVATION This item was pulled from the agenda. A-3 RESOLUTION NO. 65-95 IN SUPPORT OF ESTABLISHING A MARITIME MUSEUM IN MORRO BAY Mr. Howell recommended Council approve Resolution No. 65-95 in support of establishing a Maritime Museum in Morro Bay. A-4 PROCLAMATION DECLARING JUNE 19, 1995 AS "SPECIAL OLYMPICS/LAW ENFORCEMENT TORCH RUN DAY" Mr. Howell recommended Council adopt the Proclamation declaring June 19, 1995 as "Special Olympics/Law Enforcement Torch Run Day". MOTION: Councilmember Crotzer moved Council approve the Consent Calendar with the exception of Item A-2. The motion was seconded by Councilmember Anderson and unanimously carried. (3-0) B. UNFINISHED BUSINESS - NONE 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 12, 1995 PAGE 3 • C. NEW BUSINESS C-1 DISCUSSION OF GENERAL FUND RESERVE POLICY Finance Director Jim Koser reviewed the proposed policy for General Fund Reserves. He said acceptance of this policy will be important in preserving the financial well-being of the City, and could improve the City's credit -worthiness ratings resulting in lower financing costs. Mr. Koser recommended Council accept the policy for the maintenance of Prudent Financial Reserves in the General Fund; and further recommended Council declare the proposed policy shall be in effect for the Fiscal Year 1996/97 budget cycle and all succeeding fiscal years. MOTION: Vice Mayor Unger moved Council accept the recommended policy statement for Fiscal Year 1996/97. The motion was seconded by Councilmember Anderson and unanimously carried. (3-0) D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 RESOLUTION NO. 68-95 ADOPTING FISCAL YEAR 1995/96 • APPROPRIATION LIMITS Finance Director Jim Koser reviewed the Appropriations Limit for Fiscal Year 1995/96 and recommended Council approve Resolution No. 68-95 adopting the limitation on appropriations of funds by the City. Councilmember Crotzer stated laws such as this create most tangible inequities where long-time residents are paying less property taxes than a more recent resident. Vice Mayor Unger opened the hearing for public comment. Charles Palmer stated after the 1990 consensus., population was found to be less and taxes were cut. He said it is now starting to come back up. Vice Mayor Unger closed the hearing for public comment. MOTION: Councilmember Anderson moved Council approve Resolution No. 68-95 establishing Appropriations Limit for Fiscal Year 1995/96 for the City of Morro Bay. The motion was seconded by Councilmember Crotzer and unanimously carried. (3-0) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 12, 1995 PAGE 4 • D-2 ORDINANCE NO. 444 ADOPTING COST RECOVERY ORDINANCE (FIRST READING/ INTRODUCTION) This item was pulled from the agenda. D-3 RESOLUTION NO. 66-95 ORDERING THE LEVY OF AN ANNUAL ASSESSMENT FOR THE BAYSHORE BLUFFS PARK MAINTENANCE ASSESSMENT DISTRICT Recreation & Parks Director Andrea Lueker recommended Council approve Resolution No. 66-95 levying an annual assessment for the maintenance of Bayshore Bluffs Park in Fiscal Year 1995/96. She stated by this adoption, the City's General Fund will contribute approximately $17,397 for the maintenance of this park. Councilmember Crotzer stated the primary purpose is for those who are being assessed within the district, which would be Bayshore Bluffs Condominium Project, to come forward and say that they don't think that it is fair. He said there use to be a view from the hilltop area looking down over ag-land, an estuary, and the bay. The Coastal Commission, when the developers proposed to pave that ag-land over and build condos said they needed to provide a public benefit because according to the people of California's 1972 Coastal Act the preferred use of shore bluff top area wouldn't be condos but would be preferred to be ag and • other uses that they prefer as well. The idea is the shoreline in California was perceived as having common interest as well as private property interest. One of the benefits to businesses is that real estate values in the general coastal vicinity sky- rocketed, and people depending on tourism for trade saw that their product of the coast was benefitted. This Council has heard from some of the owners of this particular condominium project disclaiming they even knew about the assessment, which is blatantly illegal, the realtors who sold the condominiums are bound by law to disclose that when you purchase this condominium, the City of Morro Bay made arrangements for the ongoing maintenance of this park. At the time the development was being negotiated, whether there would or would not be condominiums on that bluff top, the developer made a deal with the City that said they understand the City's concern of turning this ag-land to condominiums and the need to provide a park for some public benefit to appease the Coastal Commission. If projects are going to go forward (i.e. Cloisters, Point Motel) into the future and this is precedent setting, then if the people accept that there will be a park as a part of the deal with the State of California to develop an area, which is a relatively pristine natural area, into residential lots and homes, and if the City receives that offer of dedication of the park land, then we are also obligating all residents of Morro Bay to pay for the • maintenance. This would not be the case if the City accepts what is applied all over California, that when an assessment district MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 12, 1995 PAGE 5 • is set up for those people who come in, and they are fully informed when they purchase their home site in a blufftop area such as this, they buy into the fact that the upkeep and maintenance of this natural area park is their obligation and not an obligation of the general taxpayer of the City of Morro Bay. That's why I voted against this issue. It is a breach of the original contract, which is a legal land real estate contract. The condominiums were purchased with open eyes and full information that when a condominium was purchased, they also bought into the assessment district. After receiving numerous letters from homeowners, it now appears they received a gift. The assessment has already been dropped to under $200, and now there is a motion to drop it below $100, and a year from now there will be no money collected. Instead of abiding by the contract, the maintenance of the park will be on the backs of the taxpayers of Morro Bay and will come out of the General Fund. Councilmember Anderson stated when Council heard this previously, he brought up the same points as Councilmember Crotzer. He is in full agreement that the residents did sign the contract when they bought the property. He said CC&R's exist in many developments and neighborhoods creating obligations other than property tax and common grounds. Councilmember Anderson stated unless tonight's Council has a change in their decision on this issue, • he will uphold the wishes of the Council at the previous meeting. Vice Mayor Unger reviewed previous discussions regarding this assessment district. She said she has a problem with a park in a residential area being the responsibility of those residents. Vice Mayor Unger stated she will uphold her previous decision to cut the assessment this fiscal year and dissolve it next year. Vice Mayor Unger opened the hearing for public comment. Mary Jane Puett, representative of the Recreation & Parks Commission, stated the Commission unanimously agreed the assessment district should be maintained by Bayshore Bluffs Homeowners. Councilmember Crotzer questioned the Commission's discussion of this item. Ms. Lueker responded under the "B" section of their agenda, the Commission address updates of projects which includes Bayshore Bluffs Park. Councilmember Crotzer asked if there will be an impact on staff to maintain this park? • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 12, 1995 PAGE 6 • Ms. Lueker responded at this point the City will not be able to accept more park land and maintain it at current standards with the cut in staff. Lorraine Yake stated the Bayshore Village project was not permitted unless the acreage was dedicated to the City as a park. Charles Palmer stated this park is not used by the residents of Bayshore Village and they should not have to pay for it. Geraldine Price stated this assessment was part of the homeowners agreement and it should be maintained. Leabah Winter, member of the Recreation & Parks Commission, stated the Commission reviewed the history of the Bayshore Village Project and felt the residents are responsible for upholding their contracts. She said when she bought her house she went over the stipulations of what was owed, what districts she belonged to, and what taxes would be owed, and signed the agreement with full knowledge. Ms. Winter was informed there have been times when people picnic in the park and have been chased out by residents stating it is their park and they don't want anyone in there. She said it is not fair to the residents of Morro Bay to pick up someone else's responsibility; it sets a bad precedent. Ms. Winter requested the Council hold the • residents accountable for their contractual obligations. Bernie Melvin stated he does not agree with the elimination of this assessment district. He said this park was in part a mitigating measure because of the loss of views and an impact to the neighborhood. Mr. Melvin stated the assessment was a condition of approval of the City and Coastal Commission which was disclosed to all buyers by contract. He said this sets a bad precedent, especially in these tough economic times, and in light of the fact there are two parks coming on line (Cloisters and North Point). Mr. Melvin stated this a blatant self interest on the part of the homeowners; where is their sense of fair play and commitment to the community? He said under Proposition 20 (State Coastal Act) this project cut off visual and pedestrian access to the bay; the requirement for this park and the maintenance is a response to that. Roger Ewing asked based on the City's budgetary situation, how many more employees will be layed off to subsidize the General Fund that will subsidize the maintenance of this park? He said it is not fair to the rest of the citizens of Morro Bay to give a few residents a gift of this size when the City is in a bad financial situation. Mr. Ewing stated these residents signed a contract and knew when purchasing their property what they were getting and what they had to pay for. • Vice Mayor Unger closed the hearing for public comment. I* u 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 12, 1995 PAGE 7 Council had consensus to continue this item in order for the full Council to be present. City Attorney David Hunt advised Council on the legality of these proceedings regarding noticing requirements. Councilmember Crotzer stated the general public needs to be informed of this assessment district. Councilmember Anderson stated he would like to re -hear the assessment in light of the budget hearings. MOTION: Councilmember Crotzer moved Council direct staff to re - notice the public hearing to levy an assessment to Bayshore Bluffs Park Assessment District in the full amount of the engineer's report for $27,471; the public hearing to be continued to the July 10, 1995 City Council meeting. The motion was seconded by Councilmember Anderson and carried with vice Mayor Unger voting no. (2-1) F. ADJOURNMENT The meeting adjourned at 7:42 p.m. Recorded by: Bridgett Bauer City Clerk �- City of Morro Bay le ADMINISTRATION 595 HARBOR STREET, MORRO BAY, CALIFORNIA 93442 805-772-6200 MORRO BAY CITY COUNCIL AGENDA SPECIAL BUDGET MEETING WEDNESDAY, JUNE 79 1995 - 6:00 P.M. COMMUNITY CENTER MULTI -PURPOSE ROOM ROLL CALL PUBLIC COMMENT • BUDGET REVIEW 0 A. AID TO AGENCIES B. COMMUNITY PROMOTIONS / VISITORS & CONFERENCE BUREAU C. CAPITAL IMPROVEMENT PROJECTS D. WRAP UP ADJOURNMENT 0 The City of Morro Bay is dedicated to the preservation and enhancement of our quality of life, and strives to provide a level of municipal service and safety consistent with and responsive to the needs of the public. • MORRO BAY CITY COUNCIL - JUNE 7, 1995 - 6:00 P.M SPECIAL BUDGET MEETING COMMUNITY CENTER MULTI -PURPOSE ROOM ROLL CALL PRESENT: William Yates Mayor Rodger Anderson Councilmember Colby Crotzer Councilmember Ahnawake Unger Councilmember Cathy Novak Councilmember STAFF: Dave Howell City Administrator Rick Algert Harbor Director Bridgett Bauer City Clerk Bill Boucher Public Works Director Jeff Jones Fire Chief Jim Koser Finance Director Joe Loven Police Chief Andrea Lueker Recreation and Parks Director Shauna Nauman City Planner PUBLIC COMMENT • Richard Beckmeyer, representative for EOC Senior Health, requested Council's support for their screening program, which has provided health and nutrition information to many people. The Chanteyman, David Baumgarten, asked Council for $1,000 to help sponsor the tallship Californian in celebration of Goldrush Days. Sandi Ford, representative of SEIU, stated on June llth employees will be voting on rescinding wages in order to help save the City money. Mayor Yates closed the hearing to public comment. A. AID TO OTHER AGENCIES Jeannie Nix, Executive Director of the San Luis Obispo County American Red Cross, stated a variety of services are provided to the City, including classes, aid to military families, and assistance to over 65 families during the floods. Bill Jodry, Big Brothers -Big Sisters, stated their doors opened in January, and two Big Brother matches have already occurred in Morro Bay. He said the organization is available to help kids in single- family households. 0 MORRO BAY CITY COUNCIL - JUNE 7, 1995 - 6:00 P.M SPECIAL BUDGET MEETING PAGE 2 • Linda Crawford, Director of Caring Callers, a friendly visiting service for isolated seniors, stated 17 to 20 Morro Bay clients have been cared for in the past year. Janice Wolf, Program Director for EOC Family Planning, stated the 40 Wonderful Project provides health services for women 40 and over, focusing on breast and cervical cancer screening, menopausal issues, and general health. Susan Howe, EOC Homeless Shelter, stated they provide shelter for approximately 60 Morro Bay homeless people per year. Brad Rudd, Director of Family Services, stated they provide counseling services to those people countywide who would not be able to receive them otherwise; the service is pay -as -you -are -able and is made of up of 60 professional volunteers. Mr. Rudd stated almost 2,000 people were served last year, with 64 of those coming from Morro Bay. The yearly budget is $78,000. Rick Cowan, Executive Director of Hotline of San Luis Obispo County, said the City has been supportive since 1982, providing $500 each year. He said the calls provided to City residents has grown from 216 in 1982 to 1,068 in 1994. Their annual budget is between $180,000 and $190,000. • Carol Conway, Retired Senior Volunteer Program, stated last year, volunteers put in over 195,000 hours countywide at 175 sites; in Morro Bay, 165 volunteers serve at the Chamber of Commerce, museum, and other places. Bob DeSomer, Salvation Army Service Extension, requested the same amount of money as last year. He said their annual budget is $30,000 for Morro Bay, Cayucos, and Los Osos, and $17,000 was received at Christmas through the kettles. Martha Nichols, Senior Nutrition Program, stated 40 dining room meals are provided daily at the Community Center; Meals on Wheels and light lunches are also delivered through this program. She said over 150 Morro Bay seniors are served each year. Their annual budget for the county is $800,000. Marianne Kennedy, Director of the Women's Shelter Program, stated services are offered to any victim of domestic violence, including affected family members. She said last year, 2,748 nights of shelter and 8,244 meals were provided; two other programs focus on prevention and intervention. Their annual budget is $450,000. Mayor Yates said the Aid -to -Agencies portion of the hearing is completed. • City Administrator Dave Howell recommended funding half the requested amount, or $7,500. • MORRO BAY CITY COUNCIL - JUNE 7, 1995 - 6:00 P.M SPECIAL BUDGET MEETING PAGE 3 Mayor Yates called for a break at 6:50 p.m.; the hearing resumed at 7:00 p.m. B. COMMUNITY PROMOTIONSNISITORS & CONFERENCE BUREAU Councilmember Unger reviewed information regarding the decrease in tourism, as well as comparative figures of the City's TOT statistics, sales tax, and business license fees collected in the past. She stated tourism is down throughout the State. Councilmember Unger stated her conclusion is the City does not get the most bang for the buck from the Visitor's Conference Bureau (VCB) or any other single promotional source, and advertising dollars are better spent locally than countywide. She said the money saved by not contributing to the VCB could be put back into the General Fund to save one position. Mayor Yates stated the VCB promotes the County as a whole and therefore benefits each area. He said all promotional entities are linked together, including Community Promotions, Chamber of Commerce, and VCB. Councilmember Crotzer stated priorities need to be carefully considered. He said he does not feel advertising dollars pay off regardless of where the money goes. • Mayor Yates stated the General Fund is split into thirds: Real estate taxes, TOT, and sales tax. He said there has never been a definitive figure on what percentage of sales tax is tourist -oriented. Mayor Yates stated tourism is the City's main industry and needs to be supported for jobs and City services. Councilmember Crotzer stated Morro Bay should be kept a special place people want to come to because they know about it and come back to it; it should not be cheapened by over -use. He said the Morro Bay experience should be enhanced and services should be improved. Councilmember Anderson stated the City lives and dies from tourist dollars. He said the efforts of Community Promotions are focused on increasing tourism in off-season months. Councilmember Novak stated advertising is important to any business, including the City. She said keeping the VCB and the Visitor's Center in place is important. Councilmember Unger stated most response is generated from local promotional efforts. • MORRO BAY CITY COUNCIL - JUNE 7, 1995 - 6:00 P.M SPECIAL BUDGET MEETING PAGE 4 • Jonni Biaggini of the VCB stated most advertising starts in September, with the bulk produced in January. She disagreed with Councilmember Unger's statistics stating there has been increased tourism in Paso Robles and the unincorporated areas of the County, in spite of lower numbers statewide. She urged Council to look at the big picture, consider the competition, and continue to support the VCB. MOTION: Mayor Yates moved Council continue the recommended funding for VCB, Chamber of Commerce, and Community Promotions. The motion was seconded by Councilmember Novak. Mayor Yates stated there will always be more visitors from the Central Valley; however, it is extremely important to encourage foreign tourists as well. Hopefully, VCB efforts will continue to garner more of those people. Councilmember Crotzer stated he understands the value of advertising; however, perhaps more effort should be put into local promotions. Councilmember Unger called for the question. The motion carried with Councilmembers Crotzer and Unger voting no. (3-2) Mayor Yates called for a break at 7:50 p.m.; the hearing resumed at • 8:00 P.M. C. CAPITAL IMPROVEMENT PROJECTS Finance Director Jim Koser reviewed the Capital Improvement Projects Fund. He suggested part of the $112,000 TETER Plan windfall be allocated to essential financial software; other critical projects include harbor entrance dredging and Tidelands Park Phase III. Councilmember Crotzer said the Harbor Office has been identified as a high priority item and is now going through the planning stages. He asked how much money will be needed for planning, and if construction will not go forward, should the money continue to be spent? Harbor Director Rick Algert responded $40,000 was budgeted for design and development, and $5,000 has been spent; another $10,000 has been committed to the architect. He said Phase I is for design and development in order to prepare a detailed cost estimate and conceptual permit application for conditional use, and the remainder is for development of building plans. Councilmember Crotzer suggested funds could be set -aside from the Harbor Fund annually until enough money is accrued to go forward with the project. • Mayor Yates stated the Harbor Office remains a priority to him, but should it be continued at this time is the question. • • L MORRO BAY CITY COUNCIL - JUNE 7, 1995 - 6:00 P.M SPECIAL BUDGET MEETING PAGE 5 Mr. Algert stated completed work will have to be paid for, but the contract could be terminated. Mayor Yates said he will support withdrawing from the project at this time, and have it return to Council in January 1996 when the mid -year budget is reviewed. Councilmember Novak concurred. Councilmember Unger stated there is $25,000 in the Harbor Fund that can be rolled over, and $47,750 surplus in the General Fund. She said if the $25,000 was combined with $10,000, this project could be saved. Councilmember Anderson stated $5,000 has been spent on the project, and plans that are in the works call for additional payment. He said nothing will be received for the 60% except half -finished concept plans. Councilmember Anderson stated the building is an important addition to harbor safety and the visibility provided is an immeasurable safety factor; potential problems can be anticipated and dangerous situations can be avoided. He said it would be preferable to complete the concept plans and obtain a product, rather than paying for work to date and having nothing to show for it. Councilmember Crotzer asked if the project's value would be lost without the expenditure of another $10,000? Mr. Algert responded $6,000 has been spent on engineering survey work, the concept plan by Jim Maul, and a soils survey by Earth Systems. He said an RFP was completed for an architect and Randy Dettmer was hired. Mr. Algert stated perhaps $1,000 or less has been spent on design and development where a complete design plan and detailed cost estimate is obtained. He said if the project is terminated at this point, he would guess the cost would be $4,000 to $6,000. Mayor Yates stated there is consensus to put the Harbor Office on the back burner and bring it back for review in January 1996. He said any funds left from the entrance improvement fund will go toward harbor dredging. Councilmember Unger asked about Phase III of Tidelands Park? Recreation and Parks Director Andrea Lueker responded the first part is parking lot paving, and the second part will be to replace the boarding floats on the launch ramp and to add a 250-foot side -tie dock, which requires permits from the Army Corps of Engineers. She said the first stage has been completed with an eel grass survey and mitigation procedure, all with grant funding. Councilmember Unger asked Mr. Algert about revetments? MORRO BAY CITY COUNCIL - JUNE 7, 1995 - 6:00 P.M SPECIAL BUDGET MEETING PAGE 6 • Mr. Algert responded the inner harbor revetment was constructed by the Army Corps of Engineers during World War II. He said their policy now is not to repair any revetment with improvements constructed over it. Mr. Algert stated there are certain areas of concern and it is a long- term project; however, potentially there may be other funding sources. The Army Corps of Engineers is being asked to do a preliminary survey, and they may commit to some repairs. Mayor Yates asked Mr. Koser what he needed from Council? Mr. Koser responded no action is required. He said there may be some desire to change priorities; however, the proposed package is the best use of available funds. Mayor Yates asked Council if they had any questions? Councilmember Crotzer stated Council had been warned of the City's financial status if substantial changes were not made. He said the new fire engine cost almost $250,000 in cash instead of a lease arrangement. Councilmember Crotzer stated he took issue with the City Administrator when he said keeping public employees through the General Fund caused the budget problem. He would agree, however, that employees should be funded through revenues, not dipping into the Capital Fund. • Councilmember Unger stated this year Council has an understandable budget for the first time and cuts have to be made. She said residents will have to accept there will be less services as there are fewer people. Councilmember Unger stated she understands revenues must be more than expenses. Mr. Howell stated when the audit and the cost allocation studies are complete, there will be a clearer picture of actual fund balances. He said the drastic action has been done to present Council with a balanced budget, and the only way to accomplish this balance was to lay off employees. Mr. Howell stated staff has been conservative with regard to revenue estimates. Mr. Koser presented background information on how he developed revenue estimates. He used a variety of sources, including property tax estimates from the County Auditor Controller's Office which he is reasonably confident in these projections. In addition, approval of the TETER Plan allowed him to remove allowances made for non-payment of taxes. He said the total revenue in the initial projections was about $5.2 million and is now about $5.45 million. Councilmember Anderson stated this whole ordeal has been very frustrating. He said for the last two years, more money has gone out than has come in; reserves have been prudent, but there has been an increase in number of employees without any great population growth. . Councilmember Anderson stated as much service should be provided as the City can afford and still balance the budget. 0 MORRO BAY CITY COUNCIL - JUNE 7, 1995 - 6:00 P.M SPECIAL BUDGET MEETING PAGE 7 Mayor Yates stated Council must support this budget and focus on increasing revenues during the next six months. He said hopefully by January some of the public safety positions can be restored and Beach Street storm drain construction will be possible. D. WRAP UP Mr. Howell suggested visiting Aid -to -Agencies. He asked if $1,000 should be taken out for the Maritime Heritage for Californians and find some other way to fund it. He said Council has recommended $300 for San Luis Resource Conservation District a number of months ago; a line item needs to be added for that. Mayor Yates suggested using last year's budget as a benchmark and reduce all the agencies equally until $7,576 is reached. Mr. Howell reiterated last year's budget would be used to calculate the percentage of reduction to reach $7,576. Mr. Koser said funding would be 63% of last year. Councilmember Crotzer stated that percentage for certain agencies did not satisfy him. Councilmember Anderson suggested the issue be revisited during the Is mid -year budget review; if the economy is better the other 37% can be restored to the agencies. MOTION: Mayor Yates moved Council fund listed agencies, other than the Nautical Heritage Society, at approximately 63% of last year's funding; Council will review further funding in January 1996 at the mid -year budget review. The motion was seconded by Councilmember Novak and carried with Councilmembers Crotzer and Unger voting no. (3-2) ADJOURNMENT The meeting adjourned at 9:30 p.m. Recorded by: LAIA V `__- Bridgett Bauer City Clerk W 0 0 0 • 0 MINUTES - MORRO BAY CITY COUNCIL SPECIAL BUDGET MEETING - MAY 31, 1995 COMMUNITY CENTER MULTI -PURPOSE ROOM Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger ABSENT: None STAFF: Dave Howell Bridgett Bauer Rick Algert Bill Boucher Jeff Jones Jim Koser Joe Loven Andrea Lueker Shauna Nauman MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Clerk Harbor Director Public Works Director Fire Chief Finance Director Police Chief Recreation and Parks Director City Planner Mayor Yates made the following announcements: City Council will be meeting in Closed Session on Wednesday, June 7, 1995 at 5:15 p.m. prior to the scheduled budget meeting which will begin at 6:00 p.m.; The trolley is in operation; He and Councilmember Novak will not be at the next regular City Council meeting; Mayor Yates requested Vice Mayor Unger chair that meeting. PUBLIC COMMENT Erlene Cuehlo expressed concern with the lay-off of Harbor Patrol Officer John Alexiou. She compared last year's adopted appropriations to this year's Harbor Fund appropriations stating the Harbor Fund has been assessed $10,000 more this year for City Administration and personnel services. Ms. Cuehlo asked how the waterfront will benefit in services with the loss of a harbor safety officer and also asked how the City can justify laying off a full-time officer when his salary is not paid from the General Fund? She noted there may be a legal question in the California MINUTES - MORRO BAY CITY COUNCIL SPECIAL BUDGET MEETING - MAY 31, 1995 PAGE 2 • Tidelands agreement that funds generated by the harbor must stay in the harbor. Ms. Cuehlo stated public safety will be impacted by the loss of a full-time safety officer; hours of operation will have to be cut back; overtime will be incurred; and dockage will not be performed both morning and night, resulting in loss of revenue. Sandi Ford expressed concern with the City's financial status, and the fact that jobs were given to high school students with the recent approval of the Rock Solid contract, and yet jobs are being taken away from City employees. Ralph Gunther expressed concern with the following uses of Harbor Funds: financial services when all harbor billings are performed by the Harbor Office; the Recreation and Parks Department receives 25% of its budget from the Harbor Fund because one of their employees cleans five restrooms on the waterfront, and $15,000 for computer services the department does not use. Mr. Gunther stated the Morro Bay Harbor Patrol is acknowledged to be one of the best on the West Coast, and this service is being reduced to three patrolman and one supervisor which is not adequate. Ed Ewing expressed concern with the way City money is being spent, and the proposed increase of fees. He said the Harbor • Patrol needs two men per boat to insure safety. Mr. Ewing added the biggest priorities on the waterfront are dredging and keeping Harbor Patrolmen. Donna Ramos, President of SEIU 187, stated as a representative of the City's Miscellaneous Employee Unit, she encourages Council to maintain open minds while considering this budget. Mayor Yates closed the hearing to public comment. FISCAL YEAR 1995/96 BUDGET REVIEW City Administrator Dave Howell introduced the budget and explained the process in preparing it for Council's review. Finance Director Jim Koser reviewed the budget history for each department, and provided a brief overview of the process. Mr. Howell reviewed the City Council, Administration, and Personnel budgets. He stated City Council budget is $1,500 less than last year; and Administration budget is increased $44,000 for legal service fees. Mr. Koser reviewed the Finance Department budget stating the department is losing a part-time position; however, he is • requesting a full-time accountant position. He reviewed the department's database program and proposed electronic mail. 11 MINUTES - MORRO BAY CITY COUNCIL SPECIAL BUDGET MEETING - MAY 31, 1995 PAGE 3 Mayor Yates asked about the money that was budgeted two years ago to link the computer programs throughout the City; and requested staff return with a response at the next meeting. Councilmember Anderson asked if there will be better tracking of funds once the department is caught up? Mr. Koser responded yes; tracking of funds should be improved with updated automation. Councilmember Crotzer asked if there will be an oral summary of all old and new programs which will be cut? Mr. Howell responded he has asked staff to prepare reports regarding reduction in services which will be forwarded to Council. Recreation and Parks Director Andrea Lueker reviewed the budget for the Recreation & Parks Department. She stated she concentrated on revenue -producing programs; as a result, staff cuts were made in the facilities division and in parks maintenance which will not directly affect revenue production. Ms. Lueker noted the cut in staff will affect park maintenance, responsiveness, facility upkeep, and preventive maintenance. She noted creative scheduling is being utilized to cover all the shifts, and current duties are being reviewed to more effectively operate the department. Ms. Lueker stated some wish list items will not be funded this year, including high school basketball, • high school open gym, licensed pre-school and child care, and indoor soccer league; some services will not be enhanced, including the Lighted Boat Parade, the tree lighting, youth T- ball, and coach pitch. She said last year the department garnered 68%, and this year it will garner 72% in cost recovery. Councilmember Unger stated there are certain things the City needs in order to operate: water, sewer, police, fire, and harbor services; everything above that is fluff. She said when the City is laying off employees and cutting capital improvements, it is frivolous to fund programs for recreation. City Planner Shauna Nauman reviewed the Planning and Building Department's budget. She said they are concentrating on streamlining, consolidating procedures and providing friendly and efficient public service. Ms. Nauman stated the costs of the department are 75% offset by fees received through building permits and planning fees; the 25% difference reflects public services provided for long-range planning and public information. She noted the professional services category includes contracting out plan checking, which will not be done as much this year. Ms. Nauman stated money is in the budget for completion of the zoning ordinance, much of which will go toward advertising, staff work, and getting the document ready for the Coastal Commission. She said money is also allotted for completion of the Waterfront • Plan, the Parking Management Plan, and the Safety Element which is part of the Seismic Update which the City is required to pay • r1L 0 MINUTES - MORRO BAY CITY COUNCIL SPECIAL BUDGET MEETING - MAY 31, 1995 PAGE 4 its share countywide. Ms. Nauman stated loss of service will impact the advance planning programs; there may be some downtime in the processing of permits, and some loss in turn -around time on land use permits. She said the new zoning ordinance will help to speed things up considerably, and within six months to a year the streamlining process should be completed. Ms. Nauman noted occasionally there may have to be some outside help, and staff will rely heavily on Cal Poly internships provided at no cost. Police Chief Joe Loven reviewed the Police Department's mission statement: "Preserve the peace, prevent crime, protect life and property." He reviewed the department's budget stating it provides for 19 sworn positions, and 6-1/2 civilian positions including five dispatchers. Chief Loven stated the philosophy adopted in 1994 aims at involving the public to become part of crime prevention, and to expand into community -oriented policing. He said more emphasis is being put into getting more officers on the street than in administrative positions; internally, the lieutenant's position has been eliminated and replaced with a street officer. Chief Loven noted the department is taking over narcotics investigations on July 1st, having settled the contract with the County; code enforcement has been assigned to the Police Department from Community Development; and response has been increased to handle animal complaints by signing a lesser contract with Animal Regulations. He added a youth service officer has been created to work with local schools and City children which has been funded with federal grants. Chief Loven stated Neighborhood Watch has been expanded and more volunteers are being used in administrative duties not requiring sworn officers. He said the net gain of all of these changes in the department is about $150,000 for this year, which will be rolled into next year's budget, and efforts have been taken to increase revenues through more grants. Chief Loven stated at an upcoming meeting, Council will be reviewing a new ordinance to expand cost recovery efforts for drunk drivers, secondary and other emergency responses, and booking fees. He said a City impound lot is being created by the car wash for 30-day mandatory vehicle storage which will go into effect when Council approves the Master Fee Schedule. Chief Loven stated based on increased revenue attempts, the Police Department is looking at doubling revenues from $67,000 to $117,000. Councilmember Crotzer asked how Chief Loven could continue to fund the part-time dispatchers and pay the matching funds for the grant? Chief Loven responded he would have civilian staff funded through the grant. MINUTES - MORRO BAY CITY COUNCIL SPECIAL BUDGET MEETING - MAY 31, 1995 PAGE 5 • Councilmember Unger asked if County booking fees have gone up? Chief Loven responded they were currently $90.80 each and he has not seen a proposal for an increase. He said booking fees cost the City $30,000 per year; however, part of the cost -recovery ordinance will enable the department to recover the City's share. Councilmember Anderson asked if the youth officer will be fully funded through the grant? Chief Loven replied it is a three-year grant, with lessening amounts each year. The grant will pay 75% the first year, 50% the second year, and 25% the third year, up to a maximum of $75,000. Councilmember Anderson asked if the youth officer will be a regular uniformed officer available for other duties? Chief Loven responded the officer will be used at the high school for the DARE program, and will review all juvenile arrests. Councilmember Unger asked if the department provided an officer as a liaison for Gangs Out? Chief Loven responded JoAnne Reddell attends GO meetings. Fire Chief Jeff Jones reviewed the Fire Department's budget stating this department is typically personnel heavy at 87%. He said as a public safety provider, most money is allocated toward life saving. Chief Jones stated there are nine sworn and one • civilian employee, and twenty reserve firefighters are recommended. He said this proposal reflects a loss of two sworn positions. In the past there have been 15 reserves and seven student firefighters; the student firefighter program has since been eliminated and reserves have been increased. Chief Jones stated the department conducted 840 business inspections last year; there were quite a few incidents involving the Department of Emergency Services, including the Highway 41 fire and the recent floods. He said the department responded to 1,140 emergency incidents, 860 of which were medical emergencies; they provide 24-hour-a-day, seven -day -a -week paramedic coverage; and is a part of the countywide hazardous materials team. Chief Jones stated this year's budget includes the RUOK program, which provides daily checks on senior shut-ins; plan checks; and business plans. He said one of the positions lost was the Fire Prevention Specialist which will result in reduction of fire prevention programs. Chief Jones stated last year's revenue was $9,350; this year's revenue is projected to be $43,500. Councilmember Novak asked about the significant increase in revenue? Chief Jones responded there was shifting of revenue sources from Public Works to the Fire Department for the Weed Abatement Program; in addition, there have been negotiations with PG&E for contract services. 11 MINUTES - MORRO BAY CITY COUNCIL SPECIAL BUDGET MEETING - MAY 31, 1995 PAGE 6 • Public Works Director Bill Boucher stated the Public Works Department is more complex and broad -ranging with seven separate divisions. He said the department is responsible for in excess of 50% of the entire City budget, which translates into 20% of the General Fund budget. Mr. Boucher stated engineering and administration provides support services for building plan checks and franchise administration. He noted the Engineering Technician 1 position has been proposed for termination. This position's primary point of contact is for residential planning review, preparation and distribution of water and sewer records and reports, and other less complex duties. He said in order to mitigate the effect of the loss of this position, there will be an impact on the duties of the other engineering technicians. Mr. Boucher noted the proposal to fill the existing administrative assistant position is to down -grade from a mid -management position to the Engineering Technician level. Mr. Howell stated some cross training with the Planning Department is being considered. He said it will not be business as usual, but the goal is to accomplish the processing of permits in a more rapid amount of time. • Mr. Boucher referred to the Street Maintenance Division having the responsibility to maintain 49 miles of City streets, the storm drain system, and much of the City's property. He said the current level of funding is approximately $400,000, with half in personnel costs and half in supplies and services. Mr. Boucher stated with the loss of two employees, there will be a substantial impact with the loss of 40% of the work force. He noted recent rains have caused accelerated deterioration of paving surfaces and underlying supporting foundation materials; by the middle of May, the Streets Division had responded to more than 430 work orders in addition to regular duties. Mr. Boucher reviewed the budgets for vehicle maintenance and wastewater treatment. Councilmember Crotzer addressed CMC's tertiary water treatment system stating he heard the system could handle the effluent from Morro Bay and Cayucos' joint sewer, as well as from Los Osos/Baywood Park. He said a trench is being dug through Chorro Valley for the State Water pipeline; while that trench is open, another pipe carrying effluent in the other direction could be a local solution of huge proportions. Mr. Boucher responded there is excess capacity as currently configured at CMC. He said from a regional standpoint, there is a lot of positive reaction to the potential; however, with any • good ideas, there are bureaucratic realities. Mr. Boucher stated to place a sewer line in the same trench with a water line might MINUTES - MORRO BAY CITY COUNCIL SPECIAL BUDGET MEETING - MAY 31, 1995 PAGE 7 • not be realistic. He said he has been contemplating the regulatory process and the financial ramifications of building a satellite treatment facility at San Bernardo Creek; rather than transporting waste all the way to the Men's Colony, it could be taken a mile out of City limits instead. Harbor Director Rick Algert reflected on the following accomplishments the Harbor Department has achieved over the past five years: the Harbor Patrol slips were reconstructed, a third Harbor Patrol Officer was added for two -person coverage on weekends, the South T-Pier has been reconstructed, the North T- Pier has been rehabilitated, the gear storage project was constructed, as well as the department being a major contributor to Tidelands Park construction. He noted over the last year a fourth Harbor Patrol Officer was added. Mr. Algert stated the Harbor Department's budget is $200,000 for supplies and services; of that, $90,000 goes to fire and liability insurance, $32,000 goes to public utilities, $40,000 goes for general maintenance and repair; and $25,000 goes toward contractual obligations. He noted there are no capital projects recommended for new funding next year. Councilmember Anderson referred to the debt service owed to the Department of Boating & Waterways, and asked how long it will • take to pay the debt service? Mr. Algert responded it will take 28 more years at $105,000 per year, which is a conservative estimate. He added the total has not been calculated yet because money is still being spent on the dock reconstruction project, which is part of the loan. Councilmember Crotzer stated service objectives for 1995/96 could be maintained with re -powering one boat and the dredging project and going ahead with the Harbor Office. He asked how the funding for the boat haul -out facility be would impacted? Mr. Algert responded they hope for a 100% grant from DBW to re - power the large boat. Some monies have been funded for both dredging and the Harbor Office for design and preliminary permitting. There is no construction funding for the Harbor Office, and that issue will have to brought back in July to see what Council wishes to do. Mr. Algert noted he and Councilmember Novak have talked about having an intern to do research on the haul -out facility; he said he would like to continue with that project at very minimal costs to the City. Councilmember Novak added the Coastal Conservancy wants to help with this project. Mayor Yates asked Mr. Algert if his projected revenues were based • on increases in fees at the T-Pier? Mr. Algert responded the increased revenues in the budget do reflect T-Pier fees. r 1 U MINUTES - MORRO BAY CITY COUNCIL SPECIAL BUDGET MEETING - MAY 31, 1995 PAGE 8 Mayor Yates called for a break at 9:40 p.m.; the hearing resumed at 10:00 p.m Peter Smith, Chairman of the Marketing Committee for the County's Visitor's and Conference Bureau, addressed Council on their proposed budget to enhance the tourist community. John Woodruff, Inn at Morro Bay, stated nearly 10% of the Inn's gross income is allocated for promoting tourism. He said the Visitor's and Conference Bureau is important to the City in promoting its tourism. Bill Peirce, Chairman of the Community Promotions Committee, stated the Committee's funds come from TOT funds and this year's budget is $49,284. He said marketing is very important to gathering in tourists and the competition is fierce. Ed Biaggini, member of the Community Promotions Committee, stated this fiscal year, Pismo Beach allocated $258,000 toward promotion, and Morro Bay spent about $105,000. He noted advertising is an investment, not a donation. Nick Mendoza, Treasurer of the Morro Bay Chamber of Commerce, requested full funding for the VCB, adding tourism is the number • one source of tax revenue for the City. Suedene Nelson, Director of the Morro Bay Chamber of Commerce, pointed out coverage on Morro Bay in both the RV Magazine and Sunset Magazine. Ms. Nelson noted while Pismo Beach has eight paid positions, Morro Bay Chamber of Commerce has two paid and one part-time position. Mr. Howell stated the VCB received $33,500 last year and is requesting $33,750 plus $3,000 this year; Community Promotions budget is combined with the VCB at $81,784. He said last year it was funded at $49,284 and this year funding is recommended at $48,284. Mr. Howell stated as a member of the Community Promotions Committee, he can attest to the care taken to allocating advertising dollars. He said the Chamber was funded last year at $48,950 and the same amount is recommended this year; an additional $2,000 is not reflected in that amount. Mr. Koser stated the idea of the Capital Improvement Budget is to provide information on the entire inventory of projects staff believes should be considered by Council in making funding decisions. He said with the adoption of the TETER plan, $112,000 was dedicated to the Capital Improvement Fund from the General Fund; a description of the Twin Bridges Replacement Project has been added. Mr. Koser suggested this project be funded from the General Fund in the amount of $500,000. He said the adoption of a Capital Improvement Budget will eliminate confusion. MINUTES - MORRO BAY CITY COUNCIL SPECIAL BUDGET MEETING - MAY 31, 1995 PAGE 9 • The meeting adjourned at 10:40 p.m. Recorded by: Bridgett Bauer City Clerk 11 • C� • 0 MINUTES - MORRO BAY CITY COUNCIL ADJOURNED PUBLIC HEARING - NAY 25, 1995 COMMUNITY CENTER MULTI -PURPOSE ROOM - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: ABSENT: STAFF: PUBLIC COMMENT William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger None Dave Howell Bridgett Bauer Bill Boucher There was no public comment. PUBLIC HEARING Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Clerk Public Works Director RESOLUTION NO. 57-95 APPROVING WATER RATE INCREASE Public Works Director Bill Boucher reviewed the current water rate schedule and revenue needs for fiscal year 1995/96. He said on April 19, 1995, the Public Works Advisory Board voted to recommend a uniform increase based upon the existing rate structure to meet revenue needs. Mr. Boucher recommended Council consider alternatives for water rate structures and adopt one of the Resolution No. 57-95 options. Councilmember Novak stated she prefers Option D because the financing is spread into the future. She said the fish processing industry is her greatest concern. Councilmember Crotzer. stated he has a fundamental problem with paying so much interest to banks and said he favors Option A. Councilmember Anderson stated he agrees users should pay their fair share and businesses should not be overburdened; however, businesses do have some chance of recouping expenses. He said he prefers Option A. MINUTES - MORRO BAY CITY COUNCIL ADJOURNED PUBLIC HEARING - MAY 25, 1995 PAGE 2 • Mayor Yates stated he also favors Option A; although, he is concerned with Seashell Communities, the fishing industry, the school district, and getting caught in the spiral of more conservation and more rate increases. Councilmember Unger stated there should be two different rates, one for business and one for residential users. She said some sort of subsidy program should be set up for small businesses and a means test should be conducted for low -end users. Councilmember Unger stated once rates are raised, further conservation will take place resulting in further reduction of revenue. Mr. Boucher stated there are legitimate low-income, low -volume or mid -volume users, and there are special. users such as the school district, health care facilities, seafood processors, and City parks; the concern is where to draw the line. He said Council must be very careful when looking at special rate structures. Mr. Boucher stated the special use rate for SeaShell Communities resulted in a 1% increase for everyone else to make up the revenue loss. City Administrator Dave Howell pointed out that John Lemons has proposed Option E which combines Option A with Option D financing package which provides flexibility. He said the rate increase • can be adopted with special consideration for businesses such as laundryman and fish processors. Mr. Howell stated the users could present impact analyses to Council, rather than Council making such decisions tonight. Councilmember Unger stated if the rates are raised 18% this year, it will result in rates being raised 18% next year. Councilmember Crotzer reiterated his stand against financing. He said historically, the cheapest water is water which is conserved; yet, propositions are offered now to increase water sales in order to increase revenue. He said he would consider Option C with the caveat not to transfer one use to another. Mayor Yates expressed concern that raising rates will result in fewer customers, which is what happens when the TOT increases. If laundromats raise their rates by one quarter, then customers will go to Cayucos to wash clothes. Mr. Howell stated some increase needs to go into effect by July 1, or the cost of financing will increase. Mr. Boucher stated Council will be put into a quandary if a rate structure is adopted which includes an avenue for special rates and special findings resulting in revenue reduction; rates will • have to be raised higher than warranted in order to end up where necessary. • MINUTES - MORRO BAY CITY COUNCIL ADJOURNED PUBLIC HEARING - MAY 25, 1995 PAGE 3 Mr. Howell suggested Option E would give Option A's rate increase and Option D's financing scheme. Mayor Yates stated he agrees with Councilmember Crotzer that Option A would be preferable, because the financing will not carry over to their children. Councilmember Anderson stated he does not believe people will drive elsewhere to conduct business due to water rate increases. Councilmember Anderson stated an unavailability of water and forcing curtailment of operation is the most unhealthy situation for a business. He said voters were given opportunities to change their minds on state water, and opportunities have been presented in the past to solve the water issue and yet nothing was done. Councilmember Anderson stated the most responsible action is to raise the rates across the board. Councilmember Unger asked to incorporate part of Option C into Option A. She said there should be a minimum, standard flat rate for 0-3 billing units users of $12 per month. Mr. Boucher said a minimum rate had been imposed in the past and could be established again. He said the unknown is how many of • those zero users are vacant storefronts. Mayor Yates opened the hearing for public comment. Charles Palmer shared the following concepts: 1) consider there is a drought next year; 2 ) consider how much revenue is coming in; 3) flexuate the rates to rainfall - raise the bottom rate and drop the top which will be more flexible. He said Council should consider building a reserve and dropping the interest. John Lemons stated the previous proposal is complicated. He said if the forecast is correct with an 18% increase and with the proposed capital expenses, the City will not have to raise rates until Fiscal Year 1997/98. Mr. Lemons stated if Council votes for Option A with no financing, the City will have $1.6 million in reserve contingencies. He said businesses are able to deduct water rate increases from their taxes; residences do not have that privilege. Mr. Lemons suggested the City review PG&E's mean test called the "Care Program". Tom Hogan, manager of the residential section of Seashell Communities, stated the MediCal rates will be cut by $8 per patient, or a loss of $20,000 per month. He thanked Council for looking at health care in a special way; however, the nursing home is now faced with a decline in revenue. 0 Mayor Yates closed the hearing for public comment. MINUTES - MORRO BAY CITY COUNCIL ADJOURNED PUBLIC HEARING - MAY 25, 1995 PAGE 4 • Mayor Yates called for a break at 7:40 p.m.; the meeting resumed at 7:55 p.m. MOTION: Councilmember Anderson moved Council adopt Option A. The motion died for lack of a second. Councilmember Unger asked Councilmember Anderson if Council would have to seek mitigating circumstances for low-income people. Councilmember Anderson stated the true low -end users would only see an increase of $1 or $2 per month which is not a huge amount. He said he would support an amendment to his motion to have a flat bottom rate of two or three units. Councilmember Unger stated three units could be the flat rate, with a mitigating means test for low-income people. Mr. Boucher stated under Option A, the proposal would be zero to three units at $16.43, which could be readily accomplished. Councilmember Unger asked if the means test for low-income people could be accomplished? Mr. Boucher responded both staff and the Public Works Advisory Board could tackle this issue in a short time to develop • criteria. MOTION: Councilmember Anderson amended his motion to approve Resolution No. 57-95 adopting Option A with a three unit minimum rate; and directed staff and the Public Works Advisory Board to develop criteria for hardship cases. The motion was seconded by Mayor Yates. Mayor Yates stated fish processors and laundries should still be considered. He said the fish processing industry has the highest priority under both the General Plan and Local Coastal Plan and is on the edge financially. Councilmember Novak stated fish processors compete in worldwide markets and can price themselves out of business. She said option D will allow a gradual increase for people to be able to budget for the increase. Councilmember Crotzer stated he will not support providing special rates for fish processors and laundries. Councilmember Unger stated the means test could include businesses as well as residential customers. Mayor Yates stated any member of the public can appear before the • Public Works Advisory Board and state their case for special rates, which would be recommended to Council. MINUTES - MORRO BAY CITY COUNCIL ADJOURNED PUBLIC HEARING - MAY 25, 1995 PAGE 5 Councilmember Unger called for the question. The motion carried with Councilmembers Crotzer and Novak voting no. (3-2) ADJOURNMENT The meeting adjourned at 8:20 p.m. Recorded by: ( AAA- Bridgett Bauer City Clerk � J 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the nerds of the public. ADJOURNED MEETING MAY 24, 1995 - 6:00 P.M. MORRO BAY COMMUNITY CENTER, MULTI -PURPOSE ROOM 1001 KENNEDY WAY, MORRO BAY, CA ROLL CALL MAYOR AND COUNCILMEMBERS COMMENTS 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. •NEW BUSINESS RESOLUTION NO. 59-95 APPROVING SLORTA FUNDING FORMULA FOR FISCAL YEAR 1995/96 DISCUSSION OF COUNCILMEMBER REQUEST TO SEND A LETTER OF REQUEST TO SAN LUIS OBISPO COUNTY TO WAIVE PERMIT FEES FOR FLOOD VICTIMS BUDGET ORIENTATION FOR FISCAL YEAR 1995/96 PUBLIC HEARINGS. REPORTS & APPEARANCES D-5 RESOLUTION NO. 57-95 APPROVING WATER RATE INCREASE 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. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMgNTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 1 • MINUTES - MORRO BAY CITY COUNCIL ADJOURNED MEETING - MAY 24, 1995 VETERANS MEMORIAL HALL - 6:00 P.M. • Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger ABSENT: None STAFF: Dave Howell Bridgett Bauer Bill Boucher Jim Koser PUBLIC COMMENT There was no public comment. NEW BUSINESS Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Clerk Public Works Director Finance Director RESOLUTION NO. 59-95 APPROVING SLORTA FUNDING FORMULA FOR FISCAL YEAR 1995/96 Public Works Director Bill Boucher stated every year each of the seven incorporated cities and the County share costs of the San Luis Obispo Regional Transit Authority (SLORTA) budget; Morro Bay's share being $53,784 for Fiscal Year 1995/96 Transportation Division Budget. Mr. Boucher stated staff and the Public Works Advisory Board recommend Council approve the Proposed Formula 49/18 by adoption of Resolution No. 59-95. MOTION: Councilmember Unger moved Council approve Resolution No. 59-95 approving SLORTA Funding Formula for Fiscal Year 1995/96. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) DISCUSSION OF COUNCILMEMBER REQUEST TO SEND A LETTER OF REQUEST TO SAN LUIS OBISPO COUNTY TO WAIVE PERMIT FEES FOR FLOOD VICTIMS Councilmember Unger has requested the Council forward a letter to the San Luis Obispo Board of Supervisors requesting they waive building and planning fees for victims of the recent floods. 1 • City Council Minutes - May 24, 1995 Page Two Council consensus was that the City will not send a letter requesting the County to waive fees; however, if so desired, individual Councilmembers could send their personal request to the County. No further action was taken on this item. BUDGET ORIENTATION FOR FISCAL YEAR 1995/96 City Administrator Dave Howell introduced the Fiscal Year 1995/96 budget providing past history and present process on how the City arrived at the figures submitted in the budget. Finance Director Jim Koser reviewed the budget document which included General Fund appropriations, Water Revenue Fund, Sewer Revenue Fund, Harbor Fund, Waste Water Treatment Plan Fund, and Transit Fund. He provided overhead charts for Council and public's review. Mr. Koser stated the City is presently not in a financial crisis, and with proper management, the Council will be able to approve a • balanced budget. Council discussed the budget including its support to Aid -to - Agencies. No action was taken. Mayor Yates continued this meeting to Thursday, May 25, 1995 at 6:00 P.M. in the Community Center Multi -Purpose Room to discuss water rates. ADJOURNMENT The meeting adjourned at 8:40 p.m. Recorded by: Bridgett Bauer City Clerk L� 2 • CITY OF MORRO BAY NOTICE OF CONTINUED PUBLIC HEARING NOTICE IS HEREBY GIVEN that at the meeting of May 22, 1995, the Morro Bay City Council adjourned its meeting to Wednesday, May 24, 1995 to discuss the following issues: * Budget Orientation for Fiscal Year 1995/96 * Continued Public Hearing on Water Rate Increase * Continued Discussion of SLORTA Funding Formula for Fiscal Year 1995/96 * Continued Discussion of Councilmember Request to Send a Letter of Request to San Luis Obispo County to Waive Permit Fees for Flood Victims This meeting 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 23, 1995 W WILLIAM YATES, City of Morro Bay 0 • CITY OF MORRO BAY NOTICE OF BUDGET WORKSHOPS NOTICE IS HEREBY GIVEN that the Morro Bay City Council has scheduled the following Budget Workshop Sessions to discuss the Fiscal Year 1995/96 Preliminary Budget: Wednesday, May 24, 1995 - Budget Orientation Wednesday, May 31, 1995 - Departmental Presentations Wednesday, June 7, 1995 Budget Hearing (Wrap -Up and Non -Profits) These workshops 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 23, 1995 0 WILLIAM YATES, City of Morro Bay 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - MAY 22, 1995; 5:15 P.M. CLOSED SESSION - MAY 22, 1995 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES ♦ DISCUSSIONS REGARDING PERSONNEL ISSUES REGARDING DISCIPLINE/ RELEASE/EVALUATION E-2 GOVERNMENT CODE SECTION 54957.6, CONFERENCE WITH LABOR NEGOTIATOR ♦ CONFERENCE WITH CITY ADMINISTRATOR, THE CITY'S DESIGNATED REPRESENTATIVE IN LABOR NEGOTIATIONS, FOR THE PURPOSE OF REVIEWING THE CITY'S POSITION REGARDING SALARIES, SALARY SCHEDULES, OR COMPENSATION PAID IN THE FORM OF FRINGE BENEFITS, AND GIVING INSTRUCTIONS TO THE DESIGNATED REPRESENTATIVE PUBLIC SESSION - MAY 22, 1995 • 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 PRESENTATION OF CERTIFICATES OF COMMENDATION 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 MEETINGS OF APRIL 24, 1995 AND MAY 8, 1995; AND THE SPECIAL MEETING OF MAY 2, 1995 A-2 STATEMENT OF CASH AND INVESTMENTS - APRIL 1995 4t-3 EXPENDITURE REPORT - APRIL 1995 0-4 QUARTERLY REPORT ON SALES TAXES A-5 SCHEDULE PUBLIC HEARING DATE FOR REVENUE LIMIT A-6 RESOLUTION AUTHORIZING RURAL COMMUNITY FIRE PROTECTION GRANT A-7 APPROVAL OF 1995/96 ANIMAL REGULATION CONTRACT A-8 RESOLUTION NO. 58-95 APPROVING TROLLEY PROGRAM A-9 REJECTION OF CLAIM AGAINST THE CITY; (ROTO ROOTER) A-10 REJECTION OF CLAIM AGAINST THE CITY; (GROVES) B. UNFINISHED BUSINESS - NONE C. NEW BUSINESS C-1 RESOLUTION NO. 60-95 ADOPTING ALTERNATIVE PROPERTY TAX COLLECTION METHOD C-2 REVIEW OF MUNICIPAL CODE AD -HOC COMMITTEE REQUIREMENTS C-3 CONSIDERATION OF SLOCOG VOTING ALTERNATIVES C-4 RESOLUTION NO. 59-95 APPROVING SLORTA FUNDING FORMULA FOR FISCAL YEAR 1995/96 0-5 DISCUSSION OF COUNCILMEMBER REQUEST TO SEND A LETTER OF REQUEST TO SAN LUIS OBISPO COUNTY TO WAIVE PERMIT FEES FOR FLOOD VICTIMS D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 CONTINUED PUBLIC HEARING ON GPA/LCP/ZOA 01-93; DRAFT WATERFRONT PLAN - RECOMMENDED TO BE CONTINUED TO JULY 24, 1995 COUNCIL MEETING D-2 CONTINUED PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION APPROVAL OF MAJOR MODIFICATION TO CASE NO. CUP 16-93; 875 EMBARCADERO (OTTER ROCK) - RECOMMENDED TO BE CONTINUED TO JUNE 26, 1995 COUNCIL MEETING D-3 APPEAL OF PLANNING COMMISSION ACTION ON CASE NO. CUP 18-94/CDP 31-94; 475 SOUTH BAY BOULEVARD (BLUE HERON MOBILEHOME PARK) D-4 REVIEW OF ZOA 05-91/LCP/GPA 03-93-CHAPTER 17.46 (NEW); HILLSIDE DEVELOPMENT STANDARDS D-5 RESOLUTION NO. 57-95 APPROVING WATER RATE INCREASE 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. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A TY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. • E MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - MAY 22, 1995 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: ABSENT: STAFF: CLOSED SESSION William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger None Dave Howell David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Novak moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. E-1 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES ♦ DISCUSSIONS REGARDING PERSONNEL ISSUES REGARDING DISCIPLINE/ RELEASE/EVALUATION E-2 GOVERNMENT CODE SECTION 54957.6, CONFERENCE WITH LABOR NEGOTIATOR ♦ CONFERENCE WITH CITY ADMINISTRATOR, THE CITY'S DESIGNATED REPRESENTATIVE IN LABOR NEGOTIATIONS, FOR THE PURPOSE OF REVIEWING THE CITY'S POSITION REGARDING SALARIES, .SALARY SCHEDULES, OR COMPENSATION PAID IN THE FORM OF FRINGE BENEFITS, AND GIVING INSTRUCTIONS TO THE DESIGNATED REPRESENTATIVE The meeting adjourned to Closed Session at 5:15 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 22, 1995 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger ABSENT: None STAFF: Dave Howell David Hunt Bridgett Bauer Bill Boucher Jeff Jones Jim Koser Joe Loven Andrea Lueker Shauna Nauman Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney City Clerk Public Works Director Fire Chief Finance Director Police Chief Recreation and Parks Director City Planner Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Geraldine Price presented the Lighten Up this evening. PRESENTATION OF CERTIFICATES OF COMMENDATION Mayor Yates presented Certificates of Commendation to those who assisted with the storm of March 10, 1995. MAYORS REPORTS & ANNOUNCEMENTS Mayor Yates made the following announcements. Mayor Yates announced City Administrator Dave Howell, in Closed Session, reported his intent to lay off 8-1/2 employees and discipline one. Council authorized Mr. Howell to enter into labor negotiations. Mayor Yates thanked Brian Blanchard of the Police Department and Rick Fant, City mechanic, for the new City DARE vehicle. • • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 22, 1995 PAGE 3 Mayor Yates noted a new mural in progress on the waterfront and thanked the owners at the Adventure Inn, formerly the Bay Breeze Motel. Mayor Yates asked Council for a four -fifths vote to add Resolution No. 62-95 in support of Assembly Constitutional Amendment 7 to the Consent Calendar as Item A-11. MOTION: Councilmember Unger moved Council add Item A-11 (Resolution in support of Assembly Constitutional Amendment 7) to tonight's agenda. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) PUBLIC COMMENT Mary Green expressed support for the proposed County Title 9 - Pet Ordinance, and requested Council publicly endorse the citizen's task force proposal. Tom Martin, Controller for Morro Bay Garbage, stated the garbage company agreed to a two -month delay during December negotiations regarding a rate increase, and Council implied the City would pay $15,000 for each two -month cycle that passed. He said six months have passed and nothing has been done. Mr. Martin stated Morro Bay Garbage has had to borrow $65,000 to pay workman's compensation and other insurance. He requested Council agendize the discussion of garbage rates during the first meeting in June. Mayor Yates responded Council will agendize his request in June, but probably not at the first meeting. Jo Merriman thanked the people who contributed to the VFW relief fund. He expressed discomfort about Council meetings not starting on time. Mayor Yates responded Closed Session meetings will start at 5:00 p.m. instead of 5:15 p.m. in order to start Council meetings promptly. Bill Raflowski expressed concern with Council's action in allowing 65 trees to be removed; the firing of the Planning Commission; and the dismissal of the Planning Director. Charles Palmer stated information will be received regarding water this evening which is incorrect. He presented a graph showing actual water consumption. Mr. Palmer volunteered to help the City produce accurate figures on water sales and consumption. Roger Ewing stated he understood Don Funk had been dismissed, and asked if there is a Planning Director to take his place. He complimented Don Funk on his honesty and integrity; and stated MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 22, 1995 PAGE 4 • the elimination of the Planning Director will result in more work for staff and, consequently, shoddy workmanship. Mr. Ewing added the appeal process could be eliminated if staff had more time to properly investigate upcoming projects. Mayor Yates stated he would let Mr. Ewing's statement go unchallenged and refused to confirm or deny what he said. Mayor Yates closed the hearing to public comment. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Unger requested an item be agendized to discuss the placement of a crosswalk on Quintana Road at Burger King. Mr. Howell responded the Public Works Advisory Board should consider the issue of a crosswalk; however, crosswalks are generally not acceptable in the middle of blocks. He said some sort of traffic calming device could be considered. Councilmember Crotzer asked about the status of a proposal before the Planning Commission to relocate McDonald's. City Planner Shauna Nauman stated the relocation of McDonald's is approved; however, an appeal was filed by Payless; the project • will come before Council on appeal within 40 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 MEETINGS OF APRIL 24, 1995 AND MAY 8, 1995; AND THE SPECIAL MEETING OF MAY 2, 1995 Mr. Howell recommended Council approve the minutes as submitted. A-2 STATEMENT OF CASH AND INVESTMENTS - APRIL 1995 Mr. Howell recommended Council receive the report for information and file. A-3 EXPENDITURE REPORT - APRIL 1995 Mr. Howell recommended Council receive the report for information and file. A-4 QUARTERLY REPORT ON SALES TAXES Mr. Howell recommended Council receive the report for information • and file. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 22, 1995 PAGE 5 • A-5 SCHEDULE PUBLIC HEARING DATE FOR REVENUE LIMIT Mr. Howell recommended Council set June 12, 1995 as the date for a public hearing on the 1995/96 appropriation limits for the proceeds of taxes, and direct the City Clerk to advertise same. A-6 RESOLUTION NO. 61-95 AUTHORIZING RURAL COMMUNITY FIRE PROTECTION GRANT Mr. Howell recommended Council approve Resolution No. 61-95 authorizing the Mayor to execute the Agreement for Distribution of Funds on behalf of the City of Morro Bay Fire Department between the City of Morro Bay and the State of California Department of Forestry and Fire Protection in the amount of $5,000 provided under the Cooperative Forestry Assistance Act of 1978. A-7 APPROVAL OF 1995/96 ANIMAL REGULATION CONTRACT Mr. Howell recommended Council enter into agreement with San Luis Obispo County Department of Animal Regulation under City Contract Package "C" for the 1995/96 fiscal year. A-8 RESOLUTION NO. 58-95 APPROVING TROLLEY PROGRAM • Mr. Howell recommended Council adopt Resolution No. 58-95 allowing the initiation of the 1995 Trolley Program, and providing for reconsideration by Council on July 11, 1995 should adequate funding not be obtained to last through the end of the program. A-9 REJECTION OF CLAIM AGAINST THE CITY; (ROTO ROOTER) Mr. Howell recommended Council reject this claim and authorize the City Clerk to send the appropriate rejection letter. A-10 REJECTION OF CLAIM AGAINST THE CITY; (GROVES) Mr. Howell recommended Council reject this claim and authorize the City Clerk to send the appropriate rejection letter. A-11 RESOLUTION NO. 62-95 IN SUPPORT OF ASSEMBLY CONSTITUTIONAL AMENDMENT 7 Mr. Howell recommended Council approve Resolution No. 62-95 in support of Assembly Constitutional Amendment 7 which applies to any new program, higher level of service, or increased cost placed on a local government by the state legislature or any state agency. Ll • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 22, 1995 PAGE 6 A. CONSENT CALENDAR Councilmember Crotzer pulled Item A-7 from the Consent Calendar. MOTION: Councilmember Novak moved Council approve the Consent Calendar with the exception of Item A-7. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) A-7 APPROVAL OF 1995/96 ANIMAL REGULATION CONTRACT Councilmember Crotzer referred to the conclusion on page 2 of the Animal Regulation Contract. In terms of recommending Option C, he expressed concern that there is no provision for enforcement if complaints are handled by the Morro Bay Police Department. Police Chief Joe Loven responded the Police Department is already handling most complaints and this option merely formalizes current practice. He noted nuisance abatement is resolved by the Police Department in conjunction with City Attorney David Hunt's office. Councilmember Crotzer asked if nuisance abatement was more successful with local police involvement as opposed to County involvement? Chief Loven responded abatement problems would be handled more quickly and with better resolution when accomplished by City police. MOTION: Councilmember Crotzer moved Council adopt Item A-7. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) B. UNFINISHED BUSINESS - NONE. C. NEW BUSINESS C-1 RESOLUTION NO. 60-95 ADOPTING ALTERNATIVE PROPERTY TAX COLLECTION METHOD Finance Director Jim Koser reviewed the alternative property tax collection method, the "Teeter Plan", stating it will result in a one-time revenue windfall to the City in an approximate amount of $120,000; approximately $112,000 of this amount will accrue to the General Fund, with the remainder going to assessment districts and weed abatement. He said this plan will also provide protection to the City in years when property tax delinquencies rise, will make revenue prediction more reliable, and insure cash flows equal to property tax levies. • F_I L 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 22, 1995 PAGE 7 Mr. Koser recommended Council adopt this alternative property tax collection method by approving Resolution No. 60-95, and also recommended Council direct any revenue windfalls resulting from adoption of this method be used only to fund capital projects and, specifically not be used to balance the City's 1995/96 Operating Budget. Councilmember Crotzer asked if there is a strategic point when this plan would not be advantageous because of high delinquency rates? Would it be better for the City if the plan is in effect during a period of high delinquency? Mr. Koser responded under the Teeter Plan, money is received when it is billed and can be invested, and there is a break-even point. He said the primary reason for converting to the plan at this time is because of pressing City cash flow problems. MOTION: Councilmember Unger moved Council approve Resolution No. 60-95 adopting Alternative Property Tax Collection Method; and further moved that any windfall resulting from adoption be used to fund capital projects only. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) C-2 REVIEW OF MUNICIPAL CODE AD -HOC COMMITTEE REQUIREMENTS City Administrator Dave Howell reviewed the present policy and guidelines for selection of members to serve on an advisory board. He stated the Municipal Code Ad -Hoc Committee has diminished due to a number of reasons; the City has advertised the vacant positions with no response; and the recent Council - appointed member was not able to serve because she is not a resident of Morro Bay, which is a requirement in the present policy. Mr. Howell reviewed alternatives to modify the existing policy and requested Council discuss and select alternatives regarding selection of additional members to serve on this Committee. Councilmember Crotzer stated the review of the Municipal Code is a substantial job, and it would be best if present members could complete it. Councilmember Novak stated the Committee needs some help, and the policy prohibiting non-residents to serve is possibly a detriment. She said some City business owners would like to serve on the Committee; however, where they reside prohibits their ability to serve. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 22, 1995 PAGE 8 • Councilmember Unger stated the Committee has already gone through the entire Municipal Code once, and will now go back through the code to consider highlighted areas. She spoke with two members of the Committee who feel additional help is needed. Councilmember Unger stated excluding non-residents should be waived since this is not a permanent Committee. Councilmember Crotzer asked if just one person is needed, or would there have to be three to bring the Committee up to full membership. Mr. Howell responded there has been no response to advertising; one person applied and was accepted, but then had to be rejected because she is not a City resident. He said he would not recommend more advertising, but instead prefers to solicit people to join. Mayor Yates asked Ad -Hoc Committee Member Dave Elliott about his views on the Committee. Mr. Elliott responded Committee members have looked through the code and identified problems in certain areas with majority consensus. He said it would be desirable to have five Committee members in order to get the job completed. • Mayor Yates asked Cathy Cordero if she is still interested in serving on the Committee? She answered affirmatively. MOTION: Mayor Yates moved Council waive the residency requirement for the Municipal Code Ad -Hoc Committee; and further moved Cathy Cordero be re -appointed to the Committee. The motion was seconded by Councilmember Novak. The motion unanimously carried. (5-0) C-3 CONSIDERATION OF SLOCOG VOTING ALTERNATIVES City Administrator Dave Howell stated the "Supervote" issue came into some controversy at the recent San Luis Obispo Council of Governments meeting which has resulted in "no action to be taken" for items that have received majority votes. He recommended Council review and discuss the supervote provision of the San Luis Obispo Council of Governments Joint Powers Agreement and make recommendation as to desired option(s). Ronald DeCarli, Executive Director of SLOCOG, explained presently eight affirmative votes are needed for approval; there are normally 12 members on SLOCOG. He said the Supervote is provided to protect cities from the County and has been used primarily during the past year on highly controversial issues. Mr. DeCarli stated two other city councils have taken action to retain the Supervote; two city councils have taken action to eliminate it or • reduce it to seven; and another has requested a two-thirds • u • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 22, 1995 PAGE 9 majority. He said it is important to note any modification in the Joint Powers Agreement requires unanimous approval of all eight jurisdictions. Mr. DeCarli stated there are three options which remain: 1) retain the vote as is; 2) modify it to seven; or 3) shift it to a two-thirds majority of those present. Mayor Yates stated although he is no longer a member of SLOCOG, his experience in the past regarding the Supervote was negative. He said it seems counterproductive for a two-thirds majority to lose a vote on an important issue. Councilmember Crotzer said the Supervote was created to protect the cities from dominance by the County. He said he prefers Option #5, the deadlock alternative. Councilmember Novak agreed with Mayor Yates that the Supervote should be eliminated. Councilmember Anderson stated he supports Option #4 which modifies the Supervote to a majority of attendees. Councilmember Unger stated she has seen the Supervote used politically and has been on the minority side. She said she feels there must be some protection for the minority on such an important board, and tends to favor seven affirmative votes. Councilmember Crotzer asked if there was consistency on the part of cities to send a unified message to SLOCOG? Mr. DeCarli responded attendance at meetings often depends on whether or not money is being allocated or projects are being approved. MOTION: Mayor Yates moved Council advise its delegate to SLOCOG that this Council is in support of doing away with the Supervote. The motion was seconded by Councilmember Novak. Councilmember Anderson asked if doing away with the Supervote would be a vote in support of Option #4? Mayor Yates responded affirmatively. Councilmember Crotzer stated there will still be a concern regarding county versus city. The motion failed with Councilmembers Crotzer, Unger, and Anderson voting no. (2-3) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 22, 1995 PAGE 10 • MOTION: Councilmember Crotzer moved Council approve Option #5 - Deadlock Alternate, where in the event an issue is deadlocked because of a failed Supervote on each side of the issue, an alternate 2/3 vote of attending members may be called by any member. The motion was seconded by Councilmember Unger and carried with Councilmember Anderson voting no. (4-1) Mayor Yates called for a break at 7:35 p.m.; the meeting resumed at 8:00 p.m. C-4 RESOLUTION NO. 59-95 APPROVING SLORTA FUNDING FORMULA FOR FISCAL YEAR 1995/96 This item was continued to the May 24, 1995 Council meeting. C-5 DISCUSSION OF COUNCILMEMBER REQUEST TO SEND A LETTER OF REQUEST TO SAN LUIS OBISPO COUNTY TO WAIVE PERMIT FEES FOR FLOOD VICTIMS This item was continued to the May 24, 1995 Council meeting. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 CONTINUED PUBLIC HEARING ON GPA/LCP/ZOA 01-93; DRAFT • WATERFRONT PLAN This item was continued to the July 24, 1995 City Council meeting. D-2 CONTINUED PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION APPROVAL OF MAJOR MODIFICATION TO CASE NO. CUP 16-93; 875 EMBARCADERO (OTTER ROCK) This item was continued to the June 26, 1995 City Council meeting. D-3 APPEAL OF PLANNING COMMISSION ACTION ON CASE NO. CUP 18- 94/CDP 31-94; 475 SOUTH BAY BOULEVARD (BLUE HERON MOBILEHOME PARK) Planning Assistant Shauna Nauman reviewed CUP 18-94/CDP 31-94 approved by the Planning Commission to increase the number of mobilehome spaces at the Blue Heron Mobilehome Park located at 475 South Bay Boulevard; this approval was appealed by Irving M. Schor. Ms. Nauman recommended Council deny the appeal and uphold the Planning Commission action, affirming approval of CUP 18-94/CDP 31-94 based on findings and conditions of approval. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 22, 1995 PAGE 11 • Jan Marx, attorney representing Dr. Schor, stated he is being evicted, not asked to move to another space. She reviewed mobilehome codes relating to the issue. Ms. Marx stated it is within the power of Council to direct the Planning Commission to require an adverse impact report from Mr. Wong, the park owner; if such a report shows an adverse impact on Dr. Schor, then Mr. Wong should pay for relocation. Dr. Schor stated he has been paying rent for three years and cannot sell his mobilehome. He said his choices are giving the mobilehome to Mr. Wong or taking him to court. Mayor Yates opened the hearing to public comment. Darryl Wong, owner of Blue Heron Mobilehome Park, clarified some misunderstandings with the appellant: 1) Dr. Schor has not been evicted or received an eviction notice, and has not been asked to remove his trailer from the park; 2) There is no lease, just a month -to -month rental agreement. Dr. Schor has never asked for a lease, which can range from zero to ten years; and 3) Dr. Schor's value in the vacant mobilehome is not affected by the elimination of the space. Any value over blue book is attributable to location. Mr Wong stated the issue may be moot anyway, because an additional four spaces and driveway alignment may not be worth the cost of $75,000. • Roger Ewing stated Mr. Wong has never communicated with the tenants of the park. He said he supports the appellant and his appeal. Mary Green stated she submitted petitions opposing the expansion of the park at the March 20th Planning Commission meeting. She requested Council protect homeowners in the park. Mayor Yates closed the hearing for public comment. City Attorney David Hunt stated this is a civil matter between Dr. Schor and Mr. Wong; however, the City is obligated to assure Mr. Wong give notice to residents six months before a change of use. He said Council should be aware that an impact report could be required; and if Council requires such a report, then Mr. Wong could be forced to mitigate damages to Dr. Schor. Councilmember Anderson stated there are state laws that differentiate mobilehome parks from other types of rentals. He said the state courts have to make decisions regarding mobilehome parks, not the City. E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 22, 1995 PAGE 12 • Mr. Hunt stated this is also a matter of the local entity requiring an impact report from a proposed developer before a permit is granted. He said assuming the appeal is denied and the permit is issued, Dr. Schor could then sue Mr. Wong in civil court and potentially the City of Morro Bay on a writ of mandate action to reverse the decision. Councilmember Anderson stated safety has always been a concern because of the entrance from the park to South Bay Boulevard. He suggested Mr. Wong utilize the old roadway without having to purchase more property. Public Works Director Bill Boucher stated it appears the driveway could be fit into the old right-of-way and Mr. Wong's property. Mayor Yates asked if a mobilehome owner with a month -to -month lease can be evicted with reasonable notice; Mr. Hunt answered no. Mayor Yates asked if mobilehome parks are governed by state law? Mr. Hunt responded eviction can be carried out under very specific reasons delineated by civil code. He said residents are protected by mobilehome residency law and may not be evicted at will. • Councilmember Novak stated Council is being asked to interpret state law and she does not feel Council should be expected to do that. Mayor Yates asked if Council upheld the permit, could Dr. Schor sue Mr. Wong and the City? Mr. Hunt responded he would not spend City funds to defend the permit, because the City has no interest in it; the downside risk is insignificant to the City. Councilmember Unger asked Ms. Nauman if she was satisfied with the deliberation of the Planning Commission, and were all issues explored? Ms. Nauman responded the conditions of approval will mitigate issues raised through the process of the project. She noted the four additional units do not preclude Mr. Wong from working something out with Dr. Schor; there is space available in the park to relocate. Ms. Nauman added if there is a violation of state law and Dr. Schor pursues a civil remedy, then Mr. Hunt's scenario plays itself out at no significant risk to the City. She said upholding the Planning Commission action does not preclude Dr. Schor from remaining in the park. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 22, 1995 PAGE 13 • MOTION: Councilmember Unger moved Council deny the appeal and uphold the Planning Commission's action affirming approval of CUP 18-94/CDP 31-94. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) D-4 REVIEW OF ZOA 05-91/LCP/GPA 03-93-CHAPTER 17.46 (NEW); HILLSIDE DEVELOPMENT STANDARDS City Planner Shauna Nauman reviewed the 1994 Council -adopted hillside development criteria as part of the Visual Resources and Scenic Highway amendments. She stated Council requested staff bring back the Hillside Protection Measures for additional review of the 20 percent slope limitation. Ms. Nauman recommended Council review the previously adopted 30 percent slope criteria; and consider a 25 percent slope limitation if it is desired to amend the existing standard. Councilmember Unger asked if the percentage of slope restriction is reduced to 20% due to safety issues? Ms. Nauman responded 20% maximum is under the seismic element of the General Plan and based upon safety issues relative to geology. She stated grading on a steep slope results in scarring • and greater visual impact on the City. Mayor Yates opened the hearing to public comment. Dale Reddell stated other area cities have at least 30% slopes with the approval of engineers or geologists, and no other city has a visual ordinance. He noted most lots on the north end of town are built on slopes greater than 20%; his house is built on a slope of at least 27%. Mr. Reddell stated the criteria should be safety and proper foundation. Marshall Ochylski, Tri-W Enterprises, stated the ordinance said all development under 110 feet contour would not be restricted and only development over 30% would be restricted. He said it is illogical to state anything above 210 feet, which is flat and visible from the highway, cannot be developed. Nancy Bast stated perhaps the citizens of Morro Bay do not want the City to look like Pismo Beach or Arroyo Grande. Bob Armet stated there are engineering standards in County jurisdictions which permit development in areas even greater than 30%. He said if proper care and studies are done, the visual impacts can be softened and lessened. • • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 22, 1995 PAGE 14 John Lemons stated he has engineered many structures on 25% and 30% slopes in Morro Bay and Southern California. He said as far as safety is concerned, geologists and safety engineers can determine that factor instead of an ordinance. Nancy Barta asked if an existing house on a slope of more than 20% could be rebuilt if it burned down? Ms. Nauman responded it might be rebuilt if it was on a lot of less than half an acre and met other requirements. Councilmember Crotzer stated there is a clause for rebuilding under paragraph B-5 on Page 46-3 of the Hillside Development Standards. He said there is no intent to deny someone replacement of their house if a natural disaster strikes. Roger Ewing stated the ordinance originated from viewshed concerns. He said as far as safety is concerned, there should be a clause protecting the City from responsibility if there was a major slide. Judy Horner said she moved to Morro Bay from Daly City and believes visual impacts are very important and should be protected. Mayor Yates closed the hearing to public comment. Councilmember Crotzer asked if a ordinance to protect the City David Hunt responded California granting or denial of permits. clause could be written into the from litigation? City Attorney law provides immunity from the Councilmember Crotzer stated the people of Morro Bay do not want houses built in the viewscape of the ridgetop. Councilmember Unger asked how the County handles these issues in places like Cayucos? Ms. Nauman responded a variance is required in the Coastal Zone to go over a 20% slope. She said there is also a discretionary review authority between 20% and 30%. Mayor Yates stated rooftops have to be 50 feet below the ridgeline. Councilmember Crotzer stated there is constant pressure to do away with protection guidelines by development interests; the concern is not safety but viewshed protection. He said he would like to see three-dimensional proof that viewsheds will be protected. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 22, 1995 PAGE 15 Mr. Ochylski stated if a time extension is requested, the Tri-W project will not meet new criteria because the project is under 210 feet but portions are over 20% slope; if the slope requirement is deleted under 210 feet, then the project will conform. He said the project was previously approved by the City and the Coastal Commission to be entirely contained under the 210 foot contour. Mr. Ochylski added if the project is 0-20% slope and visible from the freeway, it should be subject to discretionary review, rather than prohibited. He said the project has been on the drawing board for 18 years. Mr. Ochylski stated if the project is delayed until the permit lapses in 1997, Tri-W will have to ask for an extension. He said if these standards are adopted, the project will not conform to the General Plan, and the project will be killed. Councilmember Crotzer stated he does not like the idea of building on a plateau higher than 210 feet just because it is flat; the visual impact would be just as great. He said the contention is being down 50 feet from the ridge is sufficient to protect the ridgeline view. Councilmember Anderson requested a tour of the Tri-W site for new Council and Planning Commissioners. Councilmember Crotzer asked for some way to accurately visualize • the buildings. Mr. Ochylski responded he will set up a tour similar to the last one. He said stakes can be used to delineate the building areas and balloons utilized to demonstrate heights. Councilmember Unger stated she will not vote for this ordinance because it regulates how the hillsides look from Highways 1 and 41. Mayor Yates stated Tri-W has been working for 18 years to develop this project and it should be allowed to proceed. Councilmember Crotzer stated Tri-W has been delayed due to water. Councilmember Anderson stated this ordinance will prevent the project from being completed. MOTION: Mayor Yates moved Council direct the Planning Department to re -advertise the General Plan Amendment and return it to the Planning Commission for reconsideration. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) Ms. Nauman asked for more direction on percentage of slope. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 22, 1995 PAGE 16 • Councilmember Anderson stated he would like a tour of the Tri-W site before making any recommendations. Councilmember Unger stated she will support no percentages. Mayor Yates stated he will support either 25% or 30%; Councilmember Novak concurred. Councilmember Crotzer stated he will support 20%. Ms. Nauman asked when the tour should be held, before or after the Planning Commission met. Mayor Yates stated the tour should be a joint meeting between Council and the Planning Commission. Ms. Nauman said she would work with Mr. Ochylski to get balloons and organize the tour. Mayor Yates called for a break at 9:50 p.m.; the meeting resumed at 10:15 p.m. D-5 RESOLUTION NO. 57-95 APPROVING WATER RATE INCREASE Mr. Boucher recommended Council consider alternatives for revised water rate structures and adopt one of the options of Resolution No. 57-95. He presented a summation of revenue needs for the • next three years based on two scenarios, one presented graphically. Essentially there are seven components, one more than last year. Item 5 is the State Water Project excess allocation, which was not contemplated last year and includes operations as a commingled annual cost. Capital projects are split into categories. The most pressing are those which concern delivery of state water. The Public Works Advisory Board recommended Option A. Mayor Yates opened the hearing to public comment. Roger Ewing stated although he prefers Option D, that will not benefit the City, so he supports Option A. He said consideration should be made for laundromats and Seashell Communities. Nancy Bast, laundromat owner, stated 4,700 people are trying to pay the cost right now for future water users, which is unfair. She said those who use laundromats are generally not high -income people. Ms. Bast stated subsidies have been granted for other types of businesses, why not hers? Charles Palmer stated the burden of revenue is being shifted more and more to the business community. He suggested the City consider different types of rates, so as not to over -burden businesses. Mr. Palmer stated the present rate structure is not • flexible and only applies to 4-1/2% of customers. He offered to structure the rates for the City. I] MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 22, 1995 PAGE 17 Dale Reddell stated the desalination plant should be producing water and that water should be sold. John Lemons recommended adoption of Option A for financing; however, the budget should be patterned after Option D, which is advantageous for the contingency account. He said if Council is concerned about low-income people, some concession on rates should be made. Mr. Lemons added businesses can offset water usage by virtue of the tax structure, which is not a benefit for residential property owners. He noted Council should not abandon its philosophy of water conservation. Cathy Cordero expressed concern stating it is not possible for her business to pass on increased costs to customers. She said new regulations prohibit the use of salt water for fish - processing. Ms. Cordero stated she has approached the Regional Water Quality Control Board and Cal Poly to find alternative ways to save water. Mayor Yates closed the hearing to public comment and suggested a workshop to pursue this matter. MOTION: Councilmember Unger moved Council continue the public hearing on water rate increases to May 25, 1995. The • motion was seconded by Councilmember Anderson and unanimously carried. (5-0) MOTION: Mayor Yates moved Council continue Items C-4 to May 25, 1995. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) F. ADJOURNMENT The meeting adjourned at 11:00 p.m. Recorded by: Bri�auer 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. The City shalt be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - MAY 8, 1995; 6:00 P.M. VETERANS MEMORIAL HALL 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. epUNCIL 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 APRIL 10, 1995, AND THE JOINT CITY COUNCIL/PLANNING COMMISSION MEETING OF APRIL 19, 1995 A-2 APPROVAL OF CITY ATTORNEY CONTRACT A-3 RESOLUTION NO. 55-95 URGING INTEGRATED WASTE MANAGEMENT AUTHORITY TO JOIN THE CITY IN PURSUIT OF THE TOTAL RECYCLING CONCEPT A-4 CONTRACT AWARD FOR WEED ABATEMENT; PW 94-04 A-5 REJECTION OF CLAIM AGAINST THE CITY (LEAGE) A-6 PROCLAMATION/PRESENTATION OF MEDALS OF VALOR A-7 PROCLAMATION DECLARING MAY AS "MORRO BAY VOLUNTEER MONTH" A-8 PROCLAMATION IN RECOGNITION OF THE VETERANS OF FOREIGN WARS 9 PROCLAMATION DECLARING "POLICE MEMORIAL WEEK" A-10 PROCLAMATION DECLARING MAY 10, 1995 AS "NATIONAL TOURISM DAY" 1 0 UNFINISHED BUSINESS B-1 RESOLUTION NO. 53-95 APPROVING 1995 TROLLEY PILOT PROGRAM OPTIONS C. NEW BUSINESS - NONE D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 CONTINUED PUBLIC HEARING ON PARKING MANAGEMENT PLAN (GPA/LCP 02-93) - CONTINUED TO SEPTEMBER 25, 1995 D-2 RESOLUTION NO. 54-95 AUTHORIZING INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF BAYSHORE BLUFFS PARK D-3 1995 WEED ABATEMENT APPEAL FROM NOTICE 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. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. E U rIL • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 8, 1995 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger ABSENT: None STAFF: Dave Howell David Hunt Rick Algert Bridgett Bauer Bill Boucher Jeff Jones Jim Koser Joe Loven Andrea Lueker Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Harbor Director City Clerk Public Works Director Fire Chief Finance Director Police Chief Recreation and Parks Director Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Gary Ryan presented the "Lighten Up" this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates requested a motion to approve Consent Calendar Items A-6 and A-8 in order to make the appropriate presentations. MOTION: Councilmember Unger moved Council approve Items A-6 and A-8 of the Consent Calendar. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) A-6 PROCLAMATION/PRESENTATION OF MEDALS OF VALOR Mayor Yates introduced local dignitaries present to witness the presentation of Medals of Valor. Fire Chief Jeff Jones described the storm of March 10, 1995 which presented dangerous situations. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 8, 1995 PAGE 2 Mayor Yates presented Jeffrey Simpson, Morro Bay Lifeguard, and Fire Captain William Fisher of the California Department of Forestry Fire Department with medals of valor for their heroic rescue efforts in the storm of March 10, 1995. (A medal of valor was also later presented to Morro Bay Lifeguard David Eger, who was not present at the meeting). A-8 PROCLAMATION IN RECOGNITION OF THE VETERANS OF FOREIGN WARS Mayor Yates read the Proclamation in recognition of the Veterans of Foreign Wars at the request of Jo L. Merriman, patriotic liaison for the City of Morro Bay. Mayor Yates announced negotiations with the landlord at 800 Quintana Road have been terminated and the City Hall relocation is now a moot issue. Mayor Yates announced he attended the Harbor Advisory Board meeting on May 4th. He said boardmembers would like more interaction with Council and he will make an effort to attend their meetings each quarter. Councilmember Novak shared an article regarding the City of Culver's "Hall of Fame" where employees are recognized for their special efforts; she thought this would benefit the City of Morro • Bay. Councilmember Anderson stated he and Police Chief Joe Loven attended a meeting on substance abuse problems in the area. The next meeting will be Monday, May 15th to discuss forming a Morro Bay Task Force to deal with substance issues. PUBLIC COMMENT Charles Palmer addressed "Yard Clean -Up Month" and stated the City should request Rock Solid Recycling schedule more pick-ups in order to be more effective. Councilmember Unger asked staff to clarify Rock Solid's weed abatement pick-ups; Public Works Director Bill Boucher responded Rock Solid would like to start bi-weekly pick-ups in order to accommodate the City. Councilmember Crotzer asked when Rock Solid made the offer to pick up every two weeks? Mr. Boucher responded he heard about it at the last Council meeting; at further meetings with Rock Solid, the plan was presented in more detail. Councilmember Crotzer asked why it was not started immediately? Mr. Boucher responded the discussion centered on getting the • information out to customers as quickly as possible. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 8, 1995 PAGE 3 • Jo L. Merriman stated he is honored to receive the proclamation in recognition of the Veterans of Foreign Wars. Harry Rogers condemned the "Angler's Dream" article in the April 28th Sun Bulletin and expressed his support to Council. Roger Ewing addressed the issue of public safety regarding McDonalds and its drive-thru. He said the Planning Commission has agreed to move the location directly across the street from Burger King. Mr. Ewing feels it would be prudent to put a crosswalk in the immediate area; Quintana Road is becoming an arterial route to the freeway and speed limits are often not observed. Mayor Yates closed the hearing for public comment. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Crotzer requested an item be agendized to discuss the fee structure on public appeals. Mayor Yates stated due to the impact of future agendas, this will be agendized within the next two or three agendas. Councilmember Novak requested an item be agendized to discuss criteria for appointments to the Municipal Code Ad -Hoc Committee • in order to encourage greater public participation. Councilmember Unger requested two items be agendized: 1) to discuss reports of advisory boards; and 2) to discuss recycling construction debris. A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF APRIL 10, 1995, AND THE JOINT CITY COUNCIL/PLANNING COMMISSION MEETING OF APRIL 19, 1995 Mr. Howell recommended Council approve the minutes as submitted. A-2 APPROVAL OF CITY ATTORNEY CONTRACT Mr. Howell recommended Council approve the terms for renewal of the City Attorney contract. A-3 RESOLUTION NO. 55-95 URGING INTEGRATED WASTE MANAGEMENT AUTHORITY TO JOIN THE CITY IN PURSUIT OF THE TOTAL RECYCLING CONCEPT Mr. Howell recommended Council approve Resolution No. 55-95. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 8, 1995 PAGE 4 • A-4 RESOLUTION NO. 49-95 AWARDING CONTRACT FOR WEED ABATEMENT; PW 94-04 Mr. Howell recommended Council approve Resolution No. 49-95. A-5 REJECTION OF CLAIM AGAINST THE CITY (LEAGE) Mr. Howell recommended Council reject the claim submitted by Lisa Leage. A-6 PROCLAMATION/PRESENTATION OF MEDALS OF VALOR Council adopted the proclamation recognizing Lifeguards David Eger and Jeffrey Simpson, and Fire Captain William Fisher for heroic action and unselfish commitment that resulted in the preservation of human life. A-7 PROCLAMATION DECLARING MAY AS "MORRO BAY VOLUNTEER MONTH" Mr. Howell recommended Council adopt the proclamation declaring May as "Morro Bay Volunteer Month". A-8 PROCLAMATION IN RECOGNITION OF THE VETERANS OF FOREIGN WARS Council adopted the proclamation in recognition of the Veterans • of Foreign Wars. A-9 PROCLAMATION DECLARING "POLICE MEMORIAL WEEK" Mr. Howell recommended Council adopt the proclamation declaring May 14-18, 1995 as "Police Memorial Week", and May 15, 1995 as "Police Memorial Day". A-10 PROCLAMATION DECLARING MAY 10, 1995 AS "NATIONAL TOURISM DAY" Mr. Howell recommended Council adopt the proclamation declaring May 10, 1995 as "National Tourism Day". MOTION: Councilmember Unger moved Council approve the Consent Calendar with the exception of Items A-6 and A-8 which have been previously approved. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 8, 1995 PAGE 5 • B. UNFINISHED BUSINESS B-1 RESOLUTION NO. 53-95 APPROVING 1995 TROLLEY PILOT PROGRAM OPTIONS Public Works Director Bill Boucher reviewed the 1995 Trolley Pilot Program Options and recommended Council approve Resolution No. 53-95 modifying and implementing Option A for 1995 Trolley Trial Program. John Zaver, representing the Chamber of Commerce, requested Council continue this item in order to obtain further sponsors. He asked the trolley run seven days a week until then. Mr. Zaver said if adequate sponsorship is not found, then weekend -only service can be instituted. He said all the outside advertisement panels on the trolley have been sold on a seven-day basis. Mayor Yates said he supports Mr. Zaver's request. More sponsors are being solicited and will probably sign up. Councilmember Anderson stated he would rather see seven-day service during the latter part of the summer, if there is a choice. Mayor Yates stated the issue is to get two more sponsors between • now and July; there is great pressure on the Chamber to obtain the sponsors and it will be better to take the risk. Councilmember Unger asked if the fare could be raised to 50 cents and four sponsors obtained. Mayor Yates responded the fare should stay at 25 cents. Councilmember Novak stated she would rather take the risk and pursue seven-day service. She said the Chamber has been working hard to obtain sponsors and is very close to success. Councilmember Crotzer also supports providing seven day service. MOTION: Mayor Yates moved Council direct staff to return to Council at the May 22, 1995 Council meeting with a resolution approving seven day per week trolley operation; and, if sponsors are not obtained by July 1995, Council will cut -back on operations. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) C. NEW BUSINESS - NONE MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 8, 1995 PAGE 6 • D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 CONTINUED PUBLIC HEARING ON PARKING MANAGEMENT PLAN (GPA/LCP 02-93) This item was continued to the September 25, 1995 City Council meeting. D-2 RESOLUTION NO. 54-95 AUTHORIZING INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF BAYSHORE BLUFFS PARK Recreation and Parks Director Andrea Lueker summarized the assessment district, including costs incurred, and process for levy of an annual assessment to maintain the park. She reviewed options and recommended Council review the Engineers Report and approve Resolution No. 54-95 declaring the intent to levy the annual assessment for maintenance of the Bayshore Bluffs Park Maintenance Assessment District. Mayor Yates opened the hearing for public comment. The following Bayshore Village residents spoke in opposition to the assessment district: Robert Wiese, Don Farris, Kelly Helmburg, Fred Smith, Shirley Brock, Peter Nashit, Marjorie Kesser, Betty Reed, Susan Willow, John Morehead, Bob Robertson, • and Ayle Texgrove. Charles Palmer shared a proposal that the City do away with the park, and turn the property back to the homeowners in order to build more units. Mayor Yates called for a break at 7:33 p.m.; the meeting resumed at 7:55 p.m. Mayor Yates asked City Attorney David Hunt for his opinion on the legality of the assessment district. Mr. Hunt responded people might disagree on whether it is fair or ethical, but it is legal. He said this assessment district was achieved through the 1972 Landscaping and Maintenance Act, and is perfectly valid and has been upheld as constitutional by the California Supreme Court. Mr. Hunt stated the issue before Council is whether or not the proposed assessment by staff is supported by the evidence, and whether or not the costs are sufficient to maintain the district. He said Council is free to take any action it deems appropriate. E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 8, 1995 PAGE 7 • Mayor Yates said these assessment districts are unfair; however, he also believes a deal is a deal. He said at this time he will support Alternative F which seems like a fair compromise. Mayor Yates stated supporting the full assessment would be going backwards. Councilmember Anderson stated he was on the Council when the project was finally approved for building, and it was approved only because the water equivalencies were in the pipe before a building moratorium was imposed. He said perhaps the homeowners have a legitimate claim, but it would be against the sellers of the property, not the City. Councilmember Anderson stated the shared compromise last year was very generous; and either Alternative A or Alternative C would be acceptable. Councilmember Anderson stated another concern is the North Point Project, which will also have a similar type of park assessment. He said those homeowners will bring the same type of argument to Council in the future. Ms. Lueker responded the North Point project includes ten lots with an assessment district. She said the price has not been negotiated for the 1.2-acre park with irrigation and a stairway to the beach. Ms. Lueker added the Cloisters Project is under review for inclusion of an assessment district with a 4-acre park • or a 30.9-acre open space area. She said negotiations are ongoing. Councilmember Unger stated homeowners are paying for other people's use of the park. She would propose Alternative G and totally eliminate the park, allowing it to revert to open space. Councilmember Unger stated everything the City maintains should be removed. Mr. Hunt stated the Coastal Commission imposed the park and its improvements as conditions of the Coastal Development Permit. He said the Commission required Bayshore Bluffs to make an irrevocable offer to dedicate the park for the public interest. Mr. Hunt stated the City had the opportunity to pick that offer up and perform the maintenance; however, in order to get rid of it, the City will have to go through surplus property procedures, declare the property a surplus and sell it. He said if the City's name stays on the park, then the City must make sure it is properly maintained. Mr. Hunt noted •if the park was declared surplus property, Bayshore Bluffs homeowners would have to maintain and operate the park, including carrying liability insurance and maintaining public access. Councilmember Unger stated she does not approve of the proposed options and recommended dissolving the assessment district . entirely. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 8, 1995 PAGE 8 • Councilmember Novak asked if the restrooms can be removed and leave the other improvements? Mr. Hunt responded his experience with Coastal Commissioners has been they will not give up anything they already have. He said one of the primary purposes of the Coastal Act is to maintain public access, which in this case is walkways, parking lot, and stairs; restrooms have nothing to do with that. Councilmember Novak stated she is leaning toward Alternative F. Boaters could be encouraged to use Tidelands Park with its new side -tie docks and restrooms. She said if there is a way to save money by closing the restroom it should be pursued. Councilmember Crotzer stated he sympathizes with Bayshore Bluffs homeowners; however, these same homeowners voted for the Coastal Act in 1972 when the people decided the shoreline should not be exclusive private property by denying access to the general public. He said the assessment district was formed when the property was purchased and before the project was permitted. Councilmember Crotzer stated full disclosure is required under the law and, for those homeowners who were uninformed, there may be legal recourse against the sellers. He stated he prefers Alternative A over Alternative C. • MOTION: Mayor Yates moved Council approve dissolving the Bayshore Bluffs Assessment District as follows: Bayshore Homeowner's Association will pay half of the projected expenses for the upcoming 95/96 fiscal year; the second year the City will reduce that amount by 25%; the third year the City will reduce that amount by 50%; the fourth year the City will reduce that amount by 75%; and the fifth year the assessment district will be dissolved. The motion died for lack of a second. MOTION: Councilmember Crotzer moved Council adopt Alternative A where the current maintenance agreement is continued, having both the City of Morro Bay and Achievement House work collaboratively. This alternative will require either an increase in the current assessment of $14,336, or a partial General Fund debit to cover costs. A portion of the actual cost to be used to maintain the park, assuming that trees will eventually need to be trimmed. The motion was seconded by Councilmember Anderson. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 8, 1995 PAGE 9 • Mayor Yates stated the long-term problems will not be solved by this motion. Next month, homeowners will be back at the protest hearing. He said it really comes down to philosophy and fairness regarding assessment districts; people who live near other City parks do not pay extra. Councilmember Crotzer stated he would support the City accepting maintenance responsibility for all parks, and dissolve the maintenance district at that point. Councilmember Unger asked if there was any provision for termination of the assessment; Mr. Hunt responded there was none. Mayor Yates called for the question, stating the motion is to assess the homeowners half what it will cost next year and a fraction of the engineer's report of the true cost of maintenance. The motion failed with Councilmember Novak, Councilmember Unger, and Mayor Yates voting no. (2-3) Councilmember Novak stated the assessment this year is $14,336. She said if it were reduced next year by $4,000, it would be $10,336; the next year it could be reduced by another $4,000, making it $6,336; the fourth year it would be $2,336, and the • fifth year it would become zero. She would propose reduction by $4,000 each year. Mayor Yates stated he proposed a reduction of $3,500, which is about the same. Councilmember Unger stated the present homeowners did not know about the assessment district when they purchased their condominiums. Mr. Hunt stated a couple of suggested plans have been formulated which may be approved by Council regarding progressive reduction culminating in ultimate dissolution of the assessment district. He said Council must be aware it cannot decide the number of years and bind future Councils. Mayor Yates noted a future Council can make another decision in three years; however, if the assessment district is dissolved, then it will be dead. Mayor Yates said Council should consider cutting the amount in half this year and dissolving the assessment district next year. MOTION: Councilmember Unger moved Council cut the $14,336 in half for 1995 and the Bayshore Bluffs Assessment District will be entirely dissolved in 1996 with a resolution brought forward at that time. The motion was seconded by Councilmember Novak • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 8, 1995 PAGE 10 • Councilmember Crotzer asked to look at Alternative B as a mechanism for broadening and including all assessment districts on some plan to put them on a general tax base. Mayor Yates stated Councilmember Unger is proposing to dissolve the assessment district now; homeowners will pay $7,336 this year and next year the district will be dissolved. Mr. Hunt stated a resolution should be brought back next year dissolving the assessment district. Mayor Yates called the question. The motion carried with Councilmembers Crotzer and Anderson voting no. (3-2) D-3 1995 WEED ABATEMENT APPEAL FROM NOTICE Mayor Yates opened the hearing for public comment; there was no comment and the public hearing was closed. No action was taken on this item. F. ADJOURNMENT • The meeting adjourned at 8:45 p.m. Recorded by: Bridgett Bauer City Clerk City of Morro Bay PLANNING & BUILDING DEPARTMENT • 595 HARBOR STREET, MORRO BAY, CALIFORNIA 93442 • 805-772-6210 CITY OF MORRO BAY CITY COUNCIL SPECIAL MEETING AGENDA COMMUNITY CENTER MULTI -PURPOSE ROOM 1001 KENNEDY WAY TUESDAY, MAY 2, 1995 SPECIAL MEETING 6:00 P.M. Mayor William Yates Vice -Mayor Ahnawake Unger Councilmember Colby Crotzer Councilmember Rodger Anderson Councilmember Cathy Novak I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE •III. ROLL CALL IV. ACCEPTANCE OF AGENDA V. PUBLIC HEARINGS Q THE ZONING ORDINANCE TEXT AMENDMENTS ARE THE TOPIC OF THIS SPECIAL MEETING: Coastal Commission is the lead agency for Local Coastal Land Use Plan Amendments). All members of the public are invited to attend this special meeting. Copies of the proposed Zoning Ordinance and General Plan are available at the Library, 625 Harbor Street, and at the Planning and Building Department, 535 Harbor Street. Staff Recommendation: Open Public Hearing; Review Teat and Take Action Approving Proposed Amendments or Continue to a Specific Date. VI. Adjournment The City of Morro Bay is dedicated to the preservation and enhancement of our quality of life, and strives to provide a level of municipal service and safety consistent with and responsive to the needs of the public. aNOT = C E O F SPEC = AL MEET = NG NOTICE IS HEREBY GIVEN that a continued public hearing of the Morro Bay City Council is hereby called to be held on Tuesday, May 2, 1995 at 6:00 p.m. in the Morro Bay Community Center Multi - Purpose Room, 1001 Kennedy Way, Morro Bay, California. Council will be considering the following: CASE NO. ZOA 05-91 AND GPA/LCP 03-93; City -initiated amendments to the Zoning Ordinance (ZOA 05-91), Section 17 of the Morro Bay Municipal Code, General Plan and Local Coastal Plan. The amendments include: 1) streamline and clarify existing regulations; 2) reorganize existing text sections; 3) add definitions; 4) modify development criteria intended to bring the Ordinance into conformity with the General Plan; and amendments to the General Plan Local Plan Land Use Map and Zoning Map to modify general plan/zoning designations on certain parcels within the City. The amendments also modify • portions of the North Main Street and Beach Street Specific Plan. The modifications apply to various zones and apply city-wide. (CEQA Determination: LCP Amendment, California Coastal Commission is the lead agency for CEQA ) DATED: April 14, 1995 r WILLIAM YATES, a r`V City of Morro $ay,lcalifornia 4k 0 City Council, Special Meeting 05/02/95 CITY OF MORRO BAY CITY COUNCIL MINUTES Community Center Multi -Purpose Room 1001 Kennedy Way Tuesday, May 2, 1995 Special Meeting 6:00 P.M. Mayor William Yates Councilmembcr Rodger Anderson Councilmember Colby Crotzer Councilmember Cathy Novak Councilmember Ahnawake Unger Donald J. Funk, Secretary CALL TO ORDER Il. PLEDGE OF ALLEGIANCE III. ROLL CALL: Meeting began at 6:00 p.m. with Councilmembers Anderson, Crotzer, Novak, and Mayor Yates present. Absent, Ahnawake Unger. Staff present: Donald Funk, Sandra Shaw, and • Gorden Britton • IV. ACCEPTANCE OF AGENDA - Accepted as presented VII. ORAL COMMUNICATIONS - None. THE ZONING ORDINANCE TEXT AMENDMENTS ARE THE TOPIC OF THIS SPECIAL MEETING. certain parcels within the City. (CEQA Determination: The California Coastal Commission is the lead agency for Local Coastal Land Use Plan Amendments). Mayor Yates opened the Public Hearing. Dale Reddel, 680 Sequoia, Morro Bay, was concerned with the recent city council approval of the Hillside Development amendment. He feels the restrictions of the amendment, being within a quarter mile of Highway 1 and above 210 ft. elevation, makes his property useless. He would like the council to bring the amendment back, relook at it and have a public hearing. Donald Funk responded to Mr. Reddel's comment by explaining to the Council that Chapter 46 of the zoning ordinance, they were about to review, would deal with this subject. Mr. Reddel's property appears to be further than one quarter mile from Highway 1. Therefore, the 2I0 foot elevation provision would not be applicable. Janet Whitlock, of Coldwell Realtor in Morro Bay, represents the property owners of 5 triplexes on Barlow Lane. She supports the change made to section 17.56.20B, Exceptions. She was not able to get a City Council, Special Meeting 05/02/95 • loan on the property because the triplex would not be able to be built back , if destroyed. The change in this section rectifies this problem. She will have the other effected property owners write letters to the council, if necessary, stating their support for this change. Donald Funk, handed out a replacement page, 56-8 and a replacement section, 17.60.160, Revocation of Permits, for the Councils Zoning Ordinance Draft. He discussed the process of approval that will be needed to ultimately reach the Coastal Commission. Mayor Yates, recommended the council not go item by item through the document, the Council will only discuss areas of concern. Donald Funk, reviewed specific items he felt he should point out. Steve Mathieu, stood and expressed a concern regarding the use of terms within the document. MOTION: Mayor Yates moved the Council remove Chapter 46, Hillside Development Standards, from tonight's discussion and place it on a City Council regular meeting agenda for public hearing. Seconded by Councilmember Crotzer. VOTE: (4-0) Motion carries. MOTION: Mayor Yates moved that the Community Development Director fax a letter immediately to the Coastal Commission asking for a continuance of the Hillside Development Standards from the May 11, 1995 meeting. Seconded by Councilmember Novak. VOTE: (4-0) Motion carries. Cathy Novak recommend, along with staff, to integrate Section 17.40.110E, Performance Standards into Chapter 17.52, Performance Standards. They also recommended Chapter 17.47, Offshore Oil Development Support Facilities within Morro Bay, be integrated into Chapter 17.30, Special Uses, as its own section. and to move Chapter 17.43, Child Day Care Facilities, into Chapter 17.30 as a subsection. • Consensus was made by all Councilmembers and the mayor to move all the above Chapters and sections. • MOTION: Mayor Yates moved to relocate Tattoo Parlors and Video Arcades for Central Business (C-1) District, 17.24.090, from needing a Conditional Use Permit to only needing a Minor Conditional Use Permit if the use is within 100' of or across the street from a residential zone. Seconded by Councilmember Crotzer VOTE: (4-0) Motion carries. MOTION: Mayor Yates moved to add the words `and craft' to the Central Business (C-1) District, 17.24.090 Table, in the sentence, `Personal service establishments within a building including the following: barber and beauty shop; photographic, art and craft studio...'. Seconded by Councihnember Anderson. VOTE: (4-0) Motion carries. MOTION: Mayor Yates moved to accept the Zoning Ordinance Amendment document as amended with the correction and changes, and any additional minor corrections from the Council or staff before the Planning Commission review, that do not effect the substance. Council referred the amendments to the Planning Commission with direction to review the changes made by Council and staff and make recommendations back to the Council within 60 days. Seconded by Councilmember Novak. VOTE: (4-0) Motion carries. XI. NEW BUSINESS - Mayoral Announcement; June 15, 1995 will be a presentation by the Harbor Advisory Board. The Mayor will suggest put a meeting with the Harbor Advisory Board on a future agenda. -2- • City Council, Special Meeting 05/02/95 XII. ADJOURNMENT - Adjourned at 8:50 p.m. to Regular Meeting, ATTEST N D J. FUNK, Director Planning and Building Department -3- ss b:1sd2\5-2zoncc.min 0 NOT = C E O F BROWNf ACT WORKSHOP NOTICE IS HEREBY GIVEN that a Brown Act Workshop is hereby called to be held on Wednesday, April 26, 1995 at 6:00 p.m. in the Morro Bay Community Center Multi -Purpose Room, 1001 Kennedy Way, Morro Bay, California. This workshop will be held to update the Morro Bay City Council and Advisory Board Members of amendments to the Brown Act. DATED: April 17, 1995 • WILLIAM YATES, Ma o City of Morro Bay, lifornia .10 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - APRIL 24, 1995; 5:15 P.M. CLOSED SESSION - APRIL 24, 1995; 5:15 P.M. CITY HALL CONFERENCE ROOM, 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(A), CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION ♦ IN RE THE JAMES AND MARJORIE GEORGE BANKRUPTCY, U.S. BANKRUPTCY COURT CASE NO. 94-12409 RR' ♦ GEORGE V. CITY OF MORRO BAY, SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV 077201 E-2 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES ♦ DISCUSSIONS REGARDING PERSONNEL ISSUES INCLUDING ONE PUBLIC EMPLOYEE REGARDING DISCIPLINE/RIiLEASE/EVALUATION E-3 GOVERNMENT CODE SECTION 54956.8, REAL PROPERTY TRANSACTIONS ♦ INSTRUCTING CITY'S REAL PROPERTY NEGOTIATOR REGARDING THE PRICE It AND TERMS OF PAYMENT FOR THE PURCHASE, SALE, EXCHANGE, OR LEASE OF REAL PROPERTY AS TO THREE PARCELS PUBLIC SESSION - APRIL 24, 1995 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 ITEM: A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. 161 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF MARCH 27, 1995, THE - SPECIAL MEETING OF APRIL 5, 1995 A-2 STATEMENT OF CASH AND INVESTMENTS - MARCH 1995 0-3 EXPENDITURE REPORT - MARCH 1995 A-4 THIRD QUARTER FINANCIAL STATUS REPORT A-5 RESOLUTION NO. 49-95 AWARDING CONTRACT FOR WEED ABATEMENT; PW 94-04 A-6 RESOLUTION NO. 50-95 IN SUPPORT OF THE CENTRAL COAST REGIONAL TECHNOLOGY ALLIANCE A-7 REVIEW OF PARKING RESTRICTIONS ON MONTEREY AVENUE - THIS ITEM HAS BEEN PULLED FROM THE AGENDA A-8 COUNCIL APPOINTMENT TO SAN LUIS OBISPO COUNCIL OF GOVERNMENTS A-9 PROCLAMATION DECLARING THE MONTH OF MAY AS "HEAD START MONTH" B. UNFINISHED BUSINESS - NONE C. NEW BUSINESS C-1 PRESENTATION ON TOTAL RECYCLE CONCEPT C-2 RESOLUTION NO. 48-95 APPROVING CABLE TV CONSORTIUM PUBLIC HEARINGS, REPORTS & APPEARANCES �1-1 APPEAL OF PLANNING COMMISSION APPROVAL OF MAJOR MODIFICATION TO CONDITIONAL USE PERMIT 16-93; 875 EMBARCADERO (OTTER ROCK) D-2 CONSIDERATION OF ROCK SOLID RECYCLING CONTRACT (1994) PERFORMANCE D-3 ORDINANCE NO. 443 RESCINDING ORDINANCE NO. 421, AND APPROVING AMENDMENTS 1) TO THE ZONING ORDINANCE MAP FOR CERTAIN PROPERTIES LOCATED AT THE NORTHEAST CORNER OF MORRO BAY BLVD. AND QUINTANA ROAD FROM C-2(S.4) SERVICE COMMERCIAL TO C-1(S.4) DISTRICT COMMERCIAL; AND 2) APPROVING AMENDMENTS TO THE ZONING ORDINANCE TEXT ESTABLISHING CITY POLICIES AND PROCEDURES CONCERNING CHILD CARE SERVICES IN MORRO BAY; (SECOND READING AND ADOPTION) D-4 RESOLUTION NO. 51-95 APPROVING PARKING RESTRICTIONS ON MONTEREY AVENUE D-5 RESOLUTION NO. 52-95 DIRECTING THE PREPARATION OF AN ENGINEERS REPORT FOR THE LEVY OF THE ANNUAL ASSESSMENT FOR BAYSHORE BLUFFS MAINTENANCE ASSESSMENT DISTRICT 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. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - APRIL 24, 1995 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: William Yates Mayor Rodger Anderson Councilmember Colby Crotzer Councilmember Cathy Novak Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Dave Howell City Administrator David Hunt City Attorney CLOSED SESSION MOTION: Councilmember Novak 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. • E-1 GOVERNMENT CODE SECTION 54956.9(A), CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION ♦ IN RE THE JAMES AND MARJORIE GEORGE BANKRUPTCY, U.S. BANKRUPTCY COURT CASE NO. 94-12409 RR ♦ GEORGE V. CITY OF MORRO BAY, SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV 077201 E-2 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES ♦ DISCUSSIONS REGARDING PERSONNEL ISSUES INCLUDING ONE PUBLIC EMPLOYEE REGARDING DISCIPLINE/RELEASE/EVALUATION E-3 GOVERNMENT CODE SECTION 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 AS TO THREE PARCELS The meeting adjourned to Closed Session at 5:15 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. • • 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 1995 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger ]01�0 ��r:m STAFF: Dave Howell David Hunt Rick Algert Bridgett Bauer Bill Boucher Don Funk Jeff Jones Jim Koser Joe Loven Andrea Lueker Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Harbor Director City Clerk Public Works Director Community Development Director Fire Chief Finance Director Police Chief Recreation and Parks Director Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Greg Murray presented the "Lighten Up" this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates made the following announcements: ♦ The proposal for a temporary City Hall on Quintana Road does not appear to be working out; if it gets back on track there will be a public hearing before a lease is signed. ♦ There are two main topics tonight and public comment will be limited so the agenda can be completed by 11 p.m. ♦ Council discussed the lawsuit of George vs. City of Morro Bay in Closed Session this evening. ♦ Council, in Closed Session, approved the City Attorney's contract for two years. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 1995 PAGE 3 W\ Councilmember Novak announced the Coastal Conservancy is in favor of the haul -out facility and boat yard; money has been granted for a local architect to start conceptual designs. PUBLIC COMMENT Scott Gregory, Director of Governmental Affairs for the San Luis Obispo Chamber of Commerce and member of the organizing board of the Central Coast Regional Technology Alliance, urged Council to support and approve Item A-6 (Resolution No. 50-95 in support of the Central Coast Regional Technology Alliance). Mary Phillips stated more trees should be planted in public parks and around schools, and reclaimed water should be used to water them. Margie George read a statement into the record: "The lease site is controlled by the Tidelands Trust Act and page 19 of the brief filed by the City and U.S. District Court last week in our case quotes `these lease sites must be operated for the benefit of the public.' The Tidelands Trust Statute provides that they shall forever be held in trust by the County and its assessors in trust for the uses and purposes and upon the express conditions following. C: That in the management, conduct, or operation of said harbor or of any of the utility structures, appliances, or • facilities mentioned in paragraph A, no discrimination in rates, tolls, or charges, or in facilities for any uses or service in connection therewith shall ever be made, authorized or permitted by said County or its assessors. California Constitution Article 1, Section 7B provides: A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens." DECLARATION OF FUTURE AGENDA ITEMS Councilmember Unger stated she would like to agendize the discussion of requesting the Board of Supervisors consider waiving fees for County flood victims. She said Council approved a resolution waiving such fees for its flood victims. Councilmember Unger also requested discussion of a City project to alleviate flooding problems suffered by Tratel Trailer Park be agendized. 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 27, 1995, THE SPECIAL MEETING OF APRIL 5, 1995 • Mr. Howell recommended Council approve the minutes as presented. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 1995 PAGE 4 • A-2 STATEMENT OF CASH AND INVESTMENTS - MARCH 1995 Mr. Howell recommended Council receive the report for information and file. A-3 EXPENDITURE REPORT - MARCH 1995 Mr. Howell recommended Council receive the report for information and file. A-4 THIRD QUARTER FINANCIAL STATUS REPORT Mr. Howell recommended Council receive the report for information and file. A-5 RESOLUTION NO. 49-95 AWARDING CONTRACT FOR WEED ABATEMENT; PW 94-04 Mr. Howell recommended Council pull this item from the agenda. A-6 RESOLUTION NO. 50-95 IN SUPPORT OF THE CENTRAL COAST REGIONAL TECHNOLOGY ALLIANCE Mr. Howell recommended Council approve Resolution No. 50-95 in • support of the Central Coast Regional Technology Alliance. A-7 RESOLUTION NO. 51-95 APPROVING PARKING RESTRICTIONS ON MONTEREY AVENUE Mr. Howell recommended Council pull this item from the agenda. A-8 COUNCIL APPOINTMENT TO SAN LUIS OBISPO COUNCIL OF GOVERNMENTS Mr. Howell recommended Council appoint Councilmember Unger as representative on the San Luis Obispo Council of Governments and San Luis Obispo Regional Transit Authority; and appoint Councilmember Novak as alternate. A-9 PROCLAMATION DECLARING .THE MONTH OF MAY AS "HEAD START MONTH" Mr. Howell recommended Council adopt the Proclamation declaring the Month of May as "Head Start Month." Councilmember Crotzer pulled Item A-5 from the Consent Calendar for discussion. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 1995 PAGE 5 • MOTION: Councilmember Crotzer moved Council approve Items A-1, A-2, A-3, A-4, A-6, A-8, and A-9. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) A-5 RESOLUTION NO. 49-95 AWARDING CONTRACT FOR WEED ABATEMENT; PW 94-04 Councilmember Crotzer stated the weed abatement contract should be awarded to the Morro Bay firm. Public Works Director Bill Boucher addressed the differences in the contract bids stating there has been a bid irregularity. He said Item A-5 has been pulled because of a potential failure to perform on the part of the low bidder. Councilmember Crotzer stated green waste should be mulched, and staff should take that into account. Mr. Boucher responded the apparent low bidder uses cut materials to feed sheep, and the second low bidder uses it as mulch for gardening purposes. No action was taken on this item. • B. UNFINISHED BUSINESS - NONE C. NEW BUSINESS C-1 PRESENTATION ON TOTAL RECYCLE CONCEPT Public Works Director Bill Boucher stated representatives from the California Mens Colony and the Prison Industry Authority will address the total recycling concept at the invitation of Councilmember Novak. Larry Harrison, Assistant General Manager of the Waste Management Division of the Prison Industry Authority, presented a slide presentation of a program currently in use at Folsom Prison, which is a correctional resource recovery facility designed to extend landfill life in California. He said inmate labor is used and the program is self-sufficient and profitable to the Authority; the program does not negatively impact private industry or existing labor forces. Mr. Harrison explained how inmates profitably recycle trash provided by the citizens of Folsom: paper is baled and sold to the highest bidder, anaerobic methods are used to compost food and yard waste to produce methane to generate power and provide humus, plastics are recycled to replace wood lumber, and wood waste is converted to Presto logs or furniture components. E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 1995 PAGE 6 • Councilmember Anderson asked about contraband materials falling into the hands of inmates. Mr. Harrison responded the facility is isolated from the rest of the prison. He noted inmates put on work clothing before they go in and are strip -searched and showered before dressing in their regular clothes. Mr. Harrison stated for security purposes, all sort lines have catwalks with officers and television cameras observing inmates. Councilmember Unger asked how long the program takes from conception to reality. Mr. Harrison responded the Folsom project began in 1987 and started in 1994. Councilmember Unger asked how long it would take Morro Bay to start the program. Mr. Harrison responded it would take between three and five years because of environmental documentation and permitting requirements. He said another time factor is community opposition. Councilmember Unger asked if this facility is more or less • expensive than the use of a garbage company. Mr. Harrison responded the cost is $74 per ton for Folsom, but $40 is recovered through the sale of recycled materials. Councilmember Novak asked about capital funding. Mr. Harrison said the Prison Industry Authority finances the entire waste facility; the community is not required to provide capital investment. Councilmember Crotzer asked about recycling participation. Mr. Harrison responded waste characterization studies show the level of recycling participation is 35% in the best programs; this program captures the other 65% as well. Mayor Yates asked about Material Recovery Facilities (MRF), which involve non -sorting and would garner 100% participation. Mr. Harrison responded MRF is associated with curbside recycling. He said the correctional resource recovery facility takes collected waste, removes contaminants, and ships recyclables to appropriate markets; it is referred to as a mixed waste processing facility in private industry. E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 1995 PAGE 7 • Councilmember Novak stated a resolution is necessary to direct the Public Works Director to work with the Prison Industry Authority to develop the program and pursue the feasibility. Councilmember Anderson stated he would like to pursue the feasibility of this program based on the present low rate of participation on the part of citizens. Councilmember Unger stated she would support a resolution; Councilmember Novak concurred. Councilmember Crotzer stated Morro Bay citizens are learning to pre-sort waste and are taking responsibility in reducing the landfill stream. He said this program takes advantage of prison labor as opposed to using local labor, such as students, and he does not support pursuing this program. Mayor Yates stated he would like to see the most diverse recycling program at the lowest cost to the rate payer. He said a resolution will be brought back to direct the Public Works Director to continue discussions with the Prison Industry Authority. C-2 RESOLUTION NO. 48-95 APPROVING CABLE TV CONSORTIUM • Public Works Director Bill Boucher recommended Council adopt Resolution No. 48-95 approving the City's membership in the Consortium for Community Media; and, appoint Bill Olson as the City's representative, and Don Doubledee as alternate. MOTION: Councilmember Unger moved Council approve Resolution No. 48-95. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) MOTION: Councilmember Unger moved Council appoint Bill Olson as representative to the consortium and Don Doubledee as alternate. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mayor Yates called for a break at 7:10 p.m.; the meeting resumed at 7:30 p.m. D. PUBLIC HEARINGS. REPORTS & APPEARANCES Mayor Yates allowed the following testimony from students regarding Item D-2 (Consideration of Rock Solid Recycling Contract Performance): Amber Whaley presented documentation for a student environmental educational project including an Adopt -A -Beach project which • began in January 1995. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 1995 PAGE 8 • Amber Ramage stated students need jobs and asked Council not to give those jobs to prisoners. Kelly Moore listed various students involved in Rock Solid Recycling and their job duties. D-1 APPEAL OF PLANNING COMMISSION APPROVAL OF MAJOR MODIFICATION TO CONDITIONAL USE PERMIT 16-93; 875 EMBARCADERO (OTTER ROCK) Planning and Building Planning Assistant, Shauna Nauman reviewed the Planning Commission action affirming approval of the 1994 Major Modification to Conditional Use Permit 16-93 allowing the applicants to convert area previously approved for use as public observation decks to use as additional restaurant seating. She said the approval included expansion of the deck area available for public observation use which was approved by the Planning Commission on March 6, 1995. Ms. Nauman stated Roger Ewing appealed the following conditions on March 16, 1995: 1) the original use permit conditions have not been satisfied; 2) the water equivalency units required and parking in -lieu fees were calculated incorrectly; and • 3) the change in scope of the use warrants the need for a new Conditional Use Permit application. Ms. Nauman stated the appellant is also requesting the appeal fee be waived. Councilmember Crotzer asked if staff found the parking in -lieu fees and water equivalency unit calculations to be incorrect as stated in the appeal; Ms. Nauman answered affirmatively. Councilmember Unger referred to Planning Commissioner Peters' objections to coastal access footage which has not been calculated in the total square footage of the restaurant. She asked Ms. Nauman to address this issue. Ms. Nauman responded Ms. Peters was referring to the decision to go from seating to square footage, which is not precluded under the present ordinance. Ms. Nauman stated staff is proposing to eliminate the seating count in the upcoming ordinance amendment, because it is not a manageable situation. She said since the tables are not fixed to the ground, the square footage is being used. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 1995 PAGE 9 • Councilmember Anderson stated there are grandfathered uses of water and parking with the former lease site, and the new calculations for Otter Rock increased water equivalencies and parking spaces. He said the present proposal takes into consideration the necessary equivalencies and the applicant will be held accountable for those. Mayor Yates opened the hearing for public comment, giving the appellant and applicant ten minutes each for their comments. Roger Ewing asked that his comments, already submitted to Council, be made part of the public record (attached). Robert Armet, representing applicants Joanne Shiflett and Sophie Hill, stated Otter Rock owners have converted a previously - occupied lease which was a dilapidated machine shop, into a successful restaurant which appeals to tourists. He said revenue was not generated by the previous business and public access was not required. Mr. Armet noted changes were made to more clearly define public access as well as to provide an additional separate observation deck, and Planning Commission unanimously agreed on March 6, 1995 on an appropriate way to satisfy public access. Barry Dorfman stated this property is in the coastal zone which requires an accurate report to be reviewed by the California • Coastal Commission. He said in order to get to the coastal access a person is subjected to walking through a smoking gauntlet, and the view corridor is interrupted by the seating arrangement. Nancy Bast stated the Planning Commission approved this against the rule of the law. She urged Council to support the law and follow the appeal. Ms. Bast also asked Council to waive the appeal fee since the appeal is in accordance with the law. Bernie Melvin stated the previous Planning Commission approved a 24-seat take-out restaurant, and parking was based on this original application. He said two basic issues should be considered: 1) whether or not the City will consistently and fairly administer the requirements of the Municipal Code; and 2) whether or not the City will grant special favors and substantial reduction in fees to one applicant. Mr. Melvin stated in -lieu parking fees were reduced because Otter Rock was supposed to be a take-out facility; instead, an 80-seat sit-down restaurant has been developed. He added rules have not been followed and the parking problem is exacerbated, which should require 20 plus parking spaces, not seven. Ed Sylvester stated the applicant invites tourists to bring food and drinks from other establishments in order to enjoy the view. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 1995 PAGE 10 • Dale Reddell stated the restaurant is an asset to the City and urged Council to uphold the Planning Commission's action. John Lemons stated it is ludicrous to insist on public access through this building when a street -end is 50 or 60 feet away; and to require 24-hour-a-day public access is almost a criminal act. He said the ambiance allows people to look at the harbor for hours at a time. Mr. Lemons requested Council deny this appeal. Ed Applegate stated the applicant has been in violation of the permit for over a year by the applicant ignoring agreed -upon conditions. He said the fee formulas should be the same for everyone. Laurie Carruthers, Otter Rock employee, stated the changes are necessitated by customer requests for more service. She added the restaurant stayed open under difficult conditions during the storms for everyone's benefit. Ms. Carruthers stated because of the 24-hour open access, it is scary for the person opening the restaurant early in the morning not knowing who may be around the corner. Ed Smith stated flexibility is the word for success for businesses in Morro Bay. He said a little business that is doing • well should be cause for a second look at rigid rules. Mr. Smith asked Council to uphold the Planning Commission's action. Steve Mathieu stated the precise plan stated the retail store would be responsible for four spaces and the restaurant would be responsible for three, two of which were grandfathered. He said the bottom line is 90 seats will be filled at peak times, with a minimum of 45 parking spaces required. John Barta stated both lateral and vertical access are being provided by this establishment. He said City codes provide that access can be waived if there is another close by; however, an agreement was reached that the applicant, at great cost, would provide additional lateral access, and exceptional future access will be given to the public at no cost to the City. Mayor Yates closed the hearing to public comment. Councilmember Anderson stated he has lived and worked next door to the Otter Rock Cafe and observed the situation at close range. E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 1995 PAGE 11 • He said properties on both sides of the Galley were vacant for long periods on two occasions, which proved to be detrimental to his restaurant. Councilmember Anderson supports the square footage formula over number of chairs because it is easier to calculate. He said the new proposal encompassing the outside deck with otter prints inviting the public to enjoy the access is a wonderful idea. Councilmember Anderson stated he supports this project. City Attorney David Hunt stated there are overlying issues involving code enforcement which Council is subject to discuss. He said there is clear testimony that some of the conditions of the original Conditional Use Permit have been violated, and there is some testimony regarding attempts to modify the permit. Mr. Hunt stated the question is when action has to be taken to enforce the code; the rule of law is critical to the City. He asked for an opportunity to work with staff regarding an investigation with regard to the code enforcement issues and come back to Council with a further report and findings. Mr. Hunt requested Council continue this item for one or two agendas to allow the City Attorney's office time to further investigate the issues and how findings may or may not be justified with respect to permit modification. MOTION: Mayor Yates moved Council continue Item D-1 to the • second meeting in May allowing the City Attorney time to work with staff to advise City Council appropriately. The motion was seconded by Councilmember Unger. Councilmember Crotzer stated he would like this issue to be addressed by the business community on the Embarcadero. He said allegiance seems to be more important than addressing the issue and being consistent with the law. Councilmember Crotzer stated Otter Rock is a nice place, but it is illegal. Mayor Yates called for the question. The motion carried with Councilmember Crotzer voting no. (4-1) Mayor Yates called for a break at 9:15 p.m.; the meeting resumed at 9:30 p.m. D-2 CONSIDERATION OF ROCK SOLID RECYCLING CONTRACT (1994) PERFORMANCE Public Works Director Bill Boucher reviewed the recycling contract between Rock Solid Recycling and the City stating in the first year Rock Solid failed to meet the following goals: 1) • the community failed to divert the tonnage committed to during 1994; 2) student hours were less than they were supposed to be; MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 1995 PAGE 12 • 3) Rock Solid did not submit monthly reports as required after September 1994; and 4) personnel changes have resulted in delay and confusion. Mr. Boucher noted complaints have been received from citizens regarding Rock Solid operations and differ from logged complaints from the contractor. He said the Public Works Advisory Board considered the performance in 1994 and voted unanimously to find Rock Solid in breach of contract and recommended termination of the agreement. Councilmember Crotzer stated the program is greatly successful for people who choose to recycle. Mayor Yates opened the hearing to public comment. Frank Seiple, secretary of ECOSLO Board of Trustees, stated trustees are responsible for overseeing all activities of the organization, including Rock Solid Recycling. He said ECOSLO is present this evening to answer any questions Council may have. Fayla Chapman, Morro Bay High School Teacher of the Year and Rock Solid Student Coordinator, stated her involvement with Rock Solid started in 1992 at the beginning of the concept. She is the distribution point for student schedules, paychecks, and meetings. Ms. Chapman stated many students are involved in the environmental club and are committed to recycling; other students • see recycling as a business opportunity, while some are looking for suitable jobs. She said over 40 students have been involved in this program, ranging in age from 14 to 18. Ms. Chapman noted several students are in the top 1% academically in the United States. She added this program has benefitted each student involved and should continue. William Cutting, Rock Solid Recycling Manager, stated much support has been received in the community. He said many students and about 30 other employees provide a service to the community while reducing recycling costs for everybody. Mr. Cutting stated this program is important to maintain for the goal of reducing recycling costs as well as providing local jobs. March King, Morro Bay High School student, stated she has done various jobs for Rock Solid since October 1994, and believes this program to have a great future. Bonnie teVelde, ECOSLO Director of Operations and Rock Solid Program Coordinator, addressed the audit and the lack of communication to ECOSLO regarding the audit. She reviewed the staff report and stated the previous year's data was incorrect. Ms. teVelde requested to work with Council to clarify and resolve all disputed issues. She presented Council with petitions supporting ECOSLO. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 1995 PAGE 13 • Sawyer Fuller, Morro Bay High School student, said he collected 90 signatures from citizens who did not want Rock Solid to be cut by the City. He said while working with ECOSLO he has learned business sense, how city politics work, a lot about recycling, and work ethics. Mr. Fuller stated it is not reasonable to expect flawless performance from an organization starting from scratch. He said he hopes the City does not deny future students the learning experience he had. John Ewan, ECOSLO Board Chairperson, stated formal notification of any breach of contract has not been received by ECOSLO from the Public Works Department, as outlined in the contract. He said the City of Morro Bay owes ECOSLO $60,000 at this time; Public Works' lack of cooperation in recognizing a billing procedure set up by their own staff has delayed monthly billing and reporting. Mr. Ewan added it was the hope of ECOSLO the billing procedures would be validated during the audit. He said the contract requires fulfillment of obligations on both sides, and Council should direct staff to exercise good faith in dealings with ECOSLO staff. Roger Ewing stated he has been happy with Rock Solid's service, and believes 90% of his neighbors have recycling bins out every week. He said his garbage bill has decreased, and garbage to the landfill, as mandated by AB 939, has been decreased. Mr. Ewing • stated the kids involved in this program deserve the City's support. Randy Ruff expressed support to Rock Solid Recycling and the service they perform, and stated the City should provide some management expertise for Rock Solid by designing a billing and reporting system that works for both entities. Nancy Bast stated having the ability to put out yard waste once a month is wonderful. She said there will be glitches in the program, but penalizing Rock Solid or the citizens is not the answer. Ann Freeman stated it is a revelation that the City came together with a student program to recycle. She has been pleased with the service provided by Rock Solid and would like the program to remain in Morro Bay. Patrice Engel, parent of Rock Solid employee, stated she has seen a tremendous change in him and his awareness of the environment. She'said it would be foolish to throw this opportunity away when it is starting to work well. B. Rohan stated she has been impressed with how efficient, effective, and conscientious the workers are. She has also been • impressed by the increasing awareness of most of her neighbors in recycling. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 1995 PAGE 14 Imogene Haidet stated she was proud of the students and hopes Council will continue the program. She said if there is an error, it is citizens who do not recycle. Vincent Cicero expressed his support for Rock Solid. He used to put out two cans of garbage a week and is now down to one orange bag per month because of the recycling program. Mr. Cicero stated the environmental education program is valuable to teach kids about natural resources and beach cleanup, and projects like this should be expanded. Charles Dickinson, Rock Solid employee, stated he was encouraged during the petition drive because people are excited about Rock Solid Recycling. He said he hopes the program will continue in Morro Bay. Susan Mullen stated this program works well, and is the most extensive and ambitious program in the County while being inexpensive. The auditor's report is very unusual and not really an audit. She said the audit report was paid for with public funds and access to it cannot and should not be restricted. Ms. Mullen stated the insignificant charges against Rock Solid are nothing more than minor infractions. She said Council should work with the school board and high school principal to install • this as a regular class. Ms. Mullen noted the City went from 200 to 1100 tons of recyclables. Richard Haskett stated the cost of trash collection will triple or quadruple in Morro Bay if recycling is taken away, and Council should keep the Rock Solid program. John Lemons stated citizens are paying $50,000 more for the same program they could have gotten from someone else. He would rather give 25 students $2,000 in scholarships each year. Mr. Lemons stated the kids are great, but this is a business decision. Marilyn Rosa stated the treatment received by students and staff of Rock Solid is shameful. She said the program has been successful, and the pocketbooks and lives of citizens have benefitted. She said scholarships for students are not as beneficial as learning the work ethic. Chuck Meissner stated he offered Bill Boucher and Bonnie teVelde his volunteer assistance in working out the administrative difficulties existing in the contract. He feels the deficiencies can be corrected and the program can be continued. Mary Phillips stated the young people need all the encouragement they can receive. She said Council committed to a three-year • contract and should stick with it. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 1995 PAGE 15 • Mayor Yates closed the hearing for public comment. Mayor Yates stated he is shocked at how Council has been prejudged on this issue. He said he has been behind the contract with Rock Solid from the beginning. Mayor Yates stated he has not lobbied the Public Works Advisory Board regarding their position on this issue, and he has given Ms. teVelde as much time as she has asked for and tried to help as much as he could. Councilmember Anderson stated he has not been supportive of this program because of the high cost. He said a program of recycling which involves young people is wonderful; however, this program costs an additional $35,000 over another comparable service with very little student employment. Councilmember Anderson stated perhaps there is some way to justifiably keep this program going without so much additional cost. Councilmember Unger addressed the original contract and all of the concessions made in order to give Rock Solid the opportunity to provide the City with a recycling program.• Councilmember Unger stated another bad contract should not be given to the citizens. She suggested perhaps students interested in recycling can get jobs through ECOSLO directly. Councilmember Unger stated the contract has been violated and the dilemma is whether or not to make another concession to Rock Solid. • Councilmember Novak stated her support of recycling; however, Council has been asked to look at this issue on principle, and decisions must be made on facts. She said staff has provided documentation regarding violations and breach of contract on the part of Rock Solid; this is a difficult issue and more discussion is necessary. Councilmember Crotzer stated the contract is for three years and the company is performing well at this time. He said the petition confirms wide support in the community. Councilmember Crotzer stated it is not true that the contract costs a great deal more money, because cardboard and green waste are being picked up. He said the logic of using kids is to create a whole new generation interested in the business of recycling. Councilmember Novak stated she is concerned with kids riding on the back of trailers along with other issues. Mr. Boucher stated student hours have not been met for several months and there are problems with the monthly reports. He said parts of the contract were not met and that is breach of contract. Councilmember Crotzer stated more than the minimum number of . hours have been met overall. He said it should not be difficult to do the right thing in allowing the contract to be completed. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 1995 PAGE 16 MOTION: Councilmember Crotzer moved Council set aside the issue of compliance with the 1994 contract, and direct staff to correct the minor clerical errors in the contract. Council should get behind this nationally recognized program and allow it to play out its last two years. The motion died for lack of a second. MOTION: Mayor Yates moved Council continue the meeting past 11:00 p.m. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) City Attorney David Hunt stated although there have been no threats regarding possible lawsuits, his experience as a lawyer tells him there is a potential for litigation based on certain facts and evidence presented tonight. He advised it would be appropriate for Council to seek legal advice in closed session before any decision is made on this issue. MOTION: Councilmember Unger moved Council address this issue in Closed Session as recommended by Mr. Hunt. The motion was seconded by Mayor Yates and unanimously carried. (5-0) • Council adjourned to Closed session at 11:15 p.m.; the meeting resumed at 11:35 p.m. Mayor Yates stated Council does not support terminating the contract, and agreed staff should work with ECOSLO in order to resolve the issues. He said Council wants the contract to be adhered to and that is not an unfair request. MOTION: Mayor Yates moved Council direct staff to work with Rock Solid staff to come up with a plan to remedy the issues of the contract; and to abide by the contract, including goals for tonnage, reporting, safety, and all other issues in the contract. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Rock Solid representative John Ewan stated the goal and intention is to have cooperation both from ECOSLO and City staff. He said Rock Solid has been working diligently to make the contract work and the desire is to have the roadblocks cleared up and move forward. Councilmember Unger stated the confusion regarding recordkeeping should be clarified; the report should reconcile with the general ledger. She said the failure to submit reports in a timely manner and complaints must also be addressed. Councilmember Unger . stated she would like to see a diversion plan in order for this contract to work. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 1995 PAGE 17 Councilmember Anderson stated this is an emotional issue, especially regarding youth employment. He said there have been serious concerns and, hopefully, both staffs will work toward solutions to these concerns. Councilmember Novak supports the motion on the floor and would like everyone to work together and produce a good program. Councilmember Crotzer stated the goals are reasonable and attainable and more people can be expected to recycle with less trash going into landfills. He said the contract is ambitious and will require support and neighbors talking to neighbors to get everybody to fill recycle bins. Councilmember Crotzer stated there should be some way to keep chipping or mulching in the City. He said youth participation should continue to be encouraged. ' Mayor Yates stated more communication with the City is necessary and more effort needs to be put into the educational contract. He said there has been a partial failure to educate the community and that is Rock Solid's responsibility. Councilmember Novak called for the question. • VOTE: The motion unanimously carried. (5-0) D-3 ORDINANCE NO. 443 RESCINDING ORDINANCE NO. 421, AND APPROVING AMENDMENTS 1) TO THE ZONING ORDINANCE MAP FOR CERTAIN PROPERTIES LOCATED AT THE NORTHEAST CORNER OF MORRO BAY BLVD. AND QUINTANA ROAD FROM C-2(S.4) SERVICE COMMERCIAL TO C-l(S.4) DISTRICT COMMERCIAL; AND 2) APPROVING AMENDMENTS TO THE ZONING ORDINANCE TEXT ESTABLISHING CITY POLICIES AND PROCEDURES CONCERNING CHILD CARE SERVICES IN MORRO BAY; (SECOND READING AND ADOPTION) City Administrator Dave Howell recommended Council move to have Ordinance No. 443 read by title and number only. MOTION: Councilmember Crotzer moved Council read Ordinance No. 443 by title and number only. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Mr. Howell read Ordinance No. 443 by title and number only. Mayor Yates opened the hearing to public comment; there was none, and the hearing was closed to public comment. MOTION: Councilmember Unger moved Council adopt Ordinance No. 443. The motion was seconded by Councilmember Anderson • and unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 1995 PAGE 18 • D-4 CONSIDERATION OF PARKING LIMITS ON MONTEREY STREET Public Works Director Bill Boucher stated staff recommends the two-hour parking restriction on Monterey Avenue between Morro Bay Boulevard and Harbor street be retained; staff also recommends Council adopt Resolution No. 51-95 removing the two-hour parking restriction on Monterey Avenue between Morro Bay Boulevard and Pacific Street and parking in that block not be subject to hourly restrictions. Mayor Yates opened the hearing to public comment; there was none, and the hearing was closed to public comment. MOTION: Councilmember Unger moved Council approve Resolution No. 51-95. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) D-5 RESOLUTION NO. 52-95 DIRECTING THE PREPARATION OF AN ENGINEERS REPORT FOR THE LEVY OF THE ANNUAL ASSESSMENT FOR BAYSHORE BLUFFS MAINTENANCE ASSESSMENT DISTRICT Recreation and Parks Director Andrea Lueker reviewed the staff report and recommended Council approve Resolution No. 52-95 directing the preparation of an engineers report for the levy of the annual assessment for Bayshore Bluffs Maintenance Assessment • District. She said the report will detail projected expenses for maintenance for the 1995-96 assessment year and will be presented to Council on May 8, 1995. Ms. Lueker stated notices will be sent to the homeowners regarding the intent to levy the annual assessment; and they will also be informed of a meeting in June in order to protest the assessment. Mayor Yates opened the hearing to public comment; there was none, and the hearing was closed to public comment. MOTION: Councilmember Unger moved Council approve Resolution No. 52-95 directing the preparation of an engineers report for the levy of the annual assessment for Bayshore Bluffs Maintenance Assessment District. The motion was seconded by Councilmember Novak and carried with Councilmember Crotzer voting no. (4-1) F. ADJOURNMENT The meeting adjourned at 12:00 p.m. Recorded by: • Bridgett Bauer City Clerk • COMMENTS OF ROGER EWING TO MORRO BAY CITY COUNCIL REGARDING APPEAL OF OTTER ROCK CONDITIONAL USE PERMIT (CUP 16-93) CITY COUNCIL MEETING-APRIL 24, 1995 For the sake of perspective, it is important to first of all focus and clarify my justification for filing an appeal regarding the recent action of the planning commission. I am not against the operation or location of the Otter Rock Cafe. In fact, I, as a member of the public, and to my recollection the entire previous planning commission, enthusiastically supported the original project. This is not a personal vendetta against those who developed or operate the Otter Rock Cafe, nor an and -business attitude on my part. So, why this appeal? Because I believe in a government that follows and enforces its own laws in a fair and evenhanded fashion. The more detailed analysis which follows these introductory remarks is an attempt to bring to light the fact that the applicant failed to comply with original conditions of the approved permit, consistently misrepresented the nature, size and character of the project, and that the newly -seated Planning Commission erred egregiously in approving the requested modifications. • The issues germane to this appeal affect us all -entrepreneur and consumer alike, now and into the future. Failure to enforce use permit conditions, an endorsement of de facto deviations from conditions of the original permit (e.g., locked glass doors, decreased public access, sit-down dining, closure of take-out window while open for business) create a precedent for others to pursue unapproved uses and seek approval retroactively. Decreased reliability of the process of compliance with use permit conditions destabilizes the area for other businesses. For example, a book shop opens next to what is permitted as a take-out coffee shop with a few tables and after a year or two finds itself next to a disco. Values of real property and rentals and existing or planned businesses are affected depending on which way the political wind blows. Decreased reliability of the permit and approval process also demeans and, in fact, negates the role of citizen participation. The Planning Commission's arbitrary and capricious approval of the requested modifications significantly violated the City's Municipal Code thereby forcing us to face critical question involving the nature of our community: Is this city going to be respectful of the law and consistently and fairly administer the Municipal Code, or will it defy its own laws and grant special favors and a substantial reduction in water equivalencies and parking • fees to one applicant? That is what this appeal is about! OTTER ROCK CUP 16-93 APPEAL GROUNDS FOR APPEAL 2. LACK OF •. REDUCED • INCORRECT CALCUL•► OF EQUIVALENCY UN• _ • : GIFT OF : _ FUNDS The failure on the part of the applicant to disclose the true intensity and characteristic of the project resulted in reduced start up costs. In effect, by avoiding fees the developer received a gift of public funds. The original project approval calculated water equivalency and parking requirement based on the square footage of the retail space (gift shop) and a seating count of 24 for a take- out restaurant. Because the original project was characterized as take-out, a much less intensive use than a sit-down restaurant, parking and water equivalency units were calculated incorrectly. The result has been an approval that violates Section 17.60.030 of the City's Municipal Code because it "... is detrimental to the general welfare of persons residing or working in the neighborhood, detrimental to property and improvements in the neighborhood, and the general welfare of the City..." Resolution 116-88 (Oct., 1988) created Phase I of the City's Parking Management Plan —a strategy for anticipating future parking demand. The • Parking Plan establishes a system for supplying parking to meet existing and future needs downtown and on the Embarcadero. Without contributing their "fair -share" to the City's in -lieu parking fund, the City will have substantially less money to provide necessary parking facilities to meet an identified, serious, existing need, let alone future needs. The Planning Commission failed to properly condition this project as required by the Municipal Code. As approved, the project will exacerbate the parking problem on the Embarcadero. Section 17.44.020 (4)b of the Municipal Code requires one space for four permanently located seats or one space per 60 square feet, whichever is greater. On March 5th of this year, I counted 74 seats at 20 tables, plus 14 stools at the counters. Eighty seats would require 20 parking spaces, not the 4 originally required for the restaurant. The current ordinance does not differentiate between indoor and outdoor seating. The proposed, but as yet unadopted revisions to the Municipal code allow a 1/2 ratio for outdoor seating. (Please refer to letter from Commissioner Peters attached to your staff report.) Staff seems to consider this a take-out only because seats are not permanently fixed to the floor, rather than considering the intensity of the use. This approach does not make much sense since so many full service restaurants in Morro Bay do not have permanently fixed seats. ROGER EWING COMMENTS -3- April 24, 1995 OTTER ROCK CUP 16-93 APPEAL GROUNDS FOR APPEAL 0 The changes in the project were misrepresented to the city and the Coastal Commission. Applicant did not satisfy original conditions of approval. The approval is null and void (Standard Condition #5). The Morro Bay Municipal Code is clear on this point. Section 17.60.120 states that a conditional use permit not in force until permitee accepts conditions. Section 17.60.150 states that permits are to be revoked if conditions or terms of the permit are violated. Sections 17.61.010 through 17.61.080 describe procedures for enforcement, establishes penalties for violation, and identify the process for revoking entitlement. Section 17.20.020 B and Public Resources Code Section 30106 define development as ". . .change in density or intensity of use of land ... change in the intensity of use of water, or of access there to; construction, reconstruction ... or alteration of size of any structure ..." The project under appeal is a new project with new characteristics, intensities and impacts. Section 17.20.030 requires that a new Coastal Development Permit be obtained under this • circumstance. The project is located in the Coastal Commission's permit appeal jurisdiction and a new coastal development permit should have been processed because of a substantial increase in intensity of use. Prior to processing the modification, Section 17.020.080 requires staff to forward an accurate project description to the Executive Director of the Coastal Commission for a written determination. For any development between the sea and the first public road, Section 17.20.060 requires the City to make a finding that the development is in conformity with public access and public recreation policies of Chapter 3 of the California Coastal Act. This was not done. No such finding has been made. No such finding is reasonably possible for the Otter Rock proposal. The change in intensity of use significantly reduces the degree of public access from that originally approved. The decrease in viewing area down to 280 square feet is a 30% reduction! In addition, public access has not been continually open (all hours) as required. The applicant has made clear their preference for locked access. In fact, in clear defiance of the ROGER EWING COMMENTS -5- April 24, 1995 M City of Morro Bay 777 �. _ ,� --�� _ r.. 4- . _ _ •��_ _.._.a=•r--.,. '.... Y :^.'R" : star♦-� 4 _ PLANNING &BUILDING DEPARTMENT • 595 HQgBCREi MORRO BAY, CALIFORNIA 93442 • 805-772-6210 JOINT MEETING OF CITY COUNCIL & PLANNING COMMISSION • Morro Bay Community Center - Multi -Purpose Room Special Joint Meeting 6:00 p.m. Council Members Bill Yates, Mayor Colbv Crotzer, Councilmember Cathy Novak, Councilmember Roger Anderson, Councihnember Ahnawake Unger, Councihnember [. CALL TO ORDER: II. PLEDGE OF ALLEGIANCE: III. ROLL CALL: 1001 Kennedy Way, Morro Bay Wednesday, April 19, 1995 Planning Commission Members: Chairman Chuck Clarke Commissioner John Barta Commissioner Dave Elliott Commissioner Janice Peters Commissioner Steve Mathieu IV. ACCEPTANCE OF AGENDA V. ORAL COMMUNICATIONS: - Members of the audience wishing to address the City Council or Planning Commission on matters other than scheduled hearing items may do so when recognized by the Mayor, by standing and stating their name and address. Comments should be limited to three minutes. VI. TOPICS FOR JOINT SESSION A. Discussion of City Council, Planning Commission, and Staff Relationship B. Discussion of Responsibilities as they relate to the General Plan, Local Coastal Plan and Zoning Ordinance. C. Economic Development Ideas 1. CDBG Grants 2. Zoning Ordinance Amendments 3. Redevelopment Agency 4. Economic Development Commission The City of Morro Bay is dedicated to the preservation and enhancement of our quality of life, and strives to provide a level of municipal service and safety consistent with and responsive to the needs of the public. • City Council/Planning Commission Meeting April 19, 1995; 6:00 p.m. Community Center Multi -Purpose Room Jo L. Merriman led the Pledge of Allegiance. Roll Call: City Council Present: William Yates Mayor Rodger Anderson Councilmember Cathy Novak Councilmember Ahnawake Unger Councilmember Absent: Colby Crotzer Councilmember Planning Commission Present: Chuck Clarke Chairman John Barta Commissioner Dave Elliott Commissioner Steve Mathieu Commissioner Janice Peters Commissioner Staff: Dave Howell City Administrator David Hunt City Attorney Bridgett Bauer City Clerk Don Funk Planning and Building Director Shauna Nauman Planning Assistant PUBLIC COMMENT Jo L. Merriman stated at the VFW meeting last night he was nominated the Post Commander for the fourth consecutive time. Roger Ewing addressed Council and Commission on streamlining the permitting process. Lynda Merrill addressed Council and Commission on tourism promotion ideas. City Council/Planning Commission Meeting April 19, 1995 Page Two TOPICS FOR JOINT SESSION A. DISCUSSION ON CITY COUNCIL, PLANNING COMMISSION, STAFF RELATIONSHIP Chairman Clarke stated City Council and Planning Commission meetings should have the same meeting format. Mayor Yates requested staff copy the Planning Commission on City Council policies. He stated the City Council and Planning Commission should make staff aware of information they may request at the meeting prior to the meeting. Commissioner Barta addressed a Nuts & Bolts brochure on how meetings are run for public review (Mayor Yates offered to prepare this document). Councilmember Anderson stated he found the flow charts on process to be helpful. . Commissioner Peters stated complaints made to Council regarding the Planning Commission should be forwarded to the Commission for their information; perhaps through a liaison process (Mayor/Chairman). Councilmember Unger stated it is intimidating for a citizen to go before the Planning Commission because of the conditions placed on applicants; the process needs to be streamlined. Council and Commission discussed sitting on the stage vs. sitting at the same level as the audience. City Administrator Dave Howell stated in a new Civic Center, the audience will sit higher than the boards. No action was taken on this item. B. DISCUSSION OF RESPONSIBILITIES AS THEY RELATE TO THE GENERAL PLAN, LOCAL COASTAL PLAN AND ZONING ORDINANCE City Attorney David Hunt addressed the City Council and Planning Commission on basics of compliance to the General Plan, Local Coastal Plan and Zoning Ordinance. Commissioner Peters asked about the condition of bonding; is there another way of securing the • condition? • City Council/Planning Commission Meeting April 19, 1995 Page Three Mr. Hunt responded there are different ways to secure a condition (i.e. placing a lien on property, or obtaining a deed on the property.) Commissioner Barta addressed bonds, and how impractical they are; options should be offered to applicants. No action was taken on this item. C. ECONOMIC DEVELOPMENT IDEAS Mayor Yates stated this will be topic for discussion on May 2, 1995. Don Funk reviewed CDBG update, zoning ordinance amendments, RDA and EDC updates. Mayor Yates called a break at 7:25 p.m.; the meeting resumed at 7:40 p.m. D. CURRENT MAJOR PROJECTS UPDATE Don reviewed the following projects: 1. Amendment package; zoning ordinance & map; General Plan/Local Coastal Plan text and map; 2. Hillside standards; 3. Waterfront and Harbor Development Plan and zoning categories for waterfront, harbor, and commercial fishing; 4. Parking Management Plan; 5. Housing Element; 6. Vegetation Removal and Protection Guidelines; 7. Sign Ordinance; 8. Subdivision Ordinance, including Lot Merger Ordinance; 9. Grading and Erosion Control Ordinance; 10. Measure to implement agreed upon portions of Destination 2000 study; 11. Prepare a master facilities plan for all public buildings and facilities; 12. Public improvement requirements tied to building permits. Mayor Yates reiterated the Twin Bridges Replacement Project is the number one priority project at this time; and fees need to be addressed for low-income housing. Commissioner Peters asked for an update on the Tri-W project. Mr. Funk reported on the soil update; however, he is not aware of the project status. 0 • City Council/Planning Commission Meeting April 19, 1995 Page Four E. ENHANCING CITIZEN PARTICIPATION IN PLANNING PROCESS Mayor Yates stated citizen participation needs to be addressed; public outreach did not pan out. Mr. Howell announced the City Newsletter is being edited at this time. Commissioner Peters suggested part of Sonic Cable's agreement with the City is public access, which may draw people in the process. Commissioner Barta addressed money being granted for County -wide public access. Mayor Yates requested the Planning Commission address this issue and return their recommendations to Council. Mr. Howell stated the Community Promotions Committee has reviewed Internet for community involvement. • Councilmember Anderson stated citizens do not enjoy sitting at a Council meeting from 6:00 p.m. to 11:00 p.m. not knowing when the topic of interest will be heard; public access may help in that situation. Staff was requested to place meeting packets of all meetings in public locations, such as City Hall, the library and individual departments. Mayor Yates suggested obtaining sponsors to advertise meetings. No action was taken on this item. BALANCING GOALS Don addressed balancing competing goals and asked for direction. Mayor Yates stated once the zoning amendments have been completed, the remaining issues will take place. Staff was directed to carry on and report any situations that may occur. ADJOURNMENT - 8:43 p.m. 9 Recorded By: Bridgett Bauer, 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - APRIL 10, 1995; 5:15 P.M. CLOSED SESSION - APRIL 10, 1995 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(a), CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION ♦ STATUS REPORT ON PENDING LITIGATION E-2 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES ♦ DISCUSSIONS REGARDING PERSONNEL ISSUES INCLUDING ONE PUBLIC EMPLOYEE REGARDING DISCIPLINE/RELEASE/EVALUATION E-3 GOVERNMENT CODE SECTION 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 AS TO THREE PARCELS PUBLIC SESSION - APRIL 10, 1995 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 1 • 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 13, 1995, AND THE SPECIAL MEETING OF FEBRUARY 1, 1995 A-2 RESOLUTION NO. 47-95 AWARDING BID FOR TIDELANDS PARK/THOMAS PARKING LOT PAVING A-3 RESOLUTION APPROVING DESIGNATION OF APPLICANT'S AGENT FOR FLOOD EMERGENCY COST REIMBURSEMENT A-4 APPROVAL OF CORPORATION YARD LEASE AGREEMENT WITH CAYUCOS SANITARY DISTRICT - THIS ITEM HAS BEEN PULLED FROM THE AGENDA A-5 APPOINTMENT OF REPRESENTATIVE TO STATE WATER CONTRACTOR'S ADVISORY COMMITTEE A-6 SETTING PENALTIES ON MUNICIPAL CODE PARKING VIOLATIONS A-7 RESOLUTION NO. 46-95 ADOPTING CATASTROPHIC LEAVE POLICY A-8 APPROVAL OF CONTRACT FOR COST ALLOCATION STUDY 0-9 THIRD QUARTER 1994 SALES TAX REPORT B. UNFINISHED BUSINESS B-1 REVIEW OF INTERIM TREE REMOVAL POLICY B-2 RESOLUTION NO. 42-95 APPROVING 1995 TROLLEY TRIAL PROGRAM C. NEW BUSINESS C-1 PRESENTATION ON TOTAL RECYCLE CONCEPT C-2 PRESENTATION ON ECONOMIC DEVELOPMENT IN MORRO BAY D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 CONSIDERATION OF 1) CASE NO ZOA 01-95(A-2)/GPA/LCP 02-93(A); AND 2) CASE NO. LCP/ZOA 05-91(A);ORDINANCE NO.443(FIRST READING/INTRODUCTION) 1) CASE NO. ZOA 01-95(A-2)/GPA/LCP 02-93(A); SITE LOCATION: NE CORNER OF MORRO BAY BOULEVARD AND QUINTANA ROAD. CURRENT ADDRESS OF THE SITE: 899, 861, 853, 843, AND 839 QUINTANA ROAD. APPLICANT: DOMENGHINI BROTHERS AND THE CITY OF MORRO BAY. REQUEST FOR AN AMENDMENT TO THE LOCAL COASTAL AND GENERAL PLAN LAND USE MAP AND ZONING ORDINANCE MAP TO CHANGE THE CURRENT ZONING FROM C-2 (S.4) [GENERAL COMMERCIAL] TO C-1 (S.4) [CENTRAL • BUSINESS]. (CEQA DETERMINATION: THE CALIFORNIA COASTAL COMMISSION IS THE LEAD AGENCY FOR LOCAL COASTAL PLAN AMENDMENTS.) E • 2) CASE NO LCP/ZOA 05-91(A); CITY -INITIATED AMENDMENTS TO THE ZONING ORDINANCE, SECTION 17 OF THE MORRO BAY MUNICIPAL CODE, IMPLEMENTING DOCUMENT OF THE LOCAL COASTAL PLAN. THE AMENDMENTS SIMPLIFY AND FACILITATE THE PROCESS FOR CITY APPROVAL OF CHILD CARE HOMES AND FACILITIES. (CEQA DETERMINATION: THE CALIFORNIA COASTAL COMMISSION IS THE LEAD AGENCY FOR LOCAL COASTAL PLAN AMENDMENTS.) D-2 CONTINUED PUBLIC HEARING ON WATERFRONT SPECIFIC PLAN - RECOMMENDED TO BE CONTINUED TO MAY 22, 1995 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. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT • REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. • 11 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - APRIL 10, 1995 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: ABSENT: STAFF: CLOSED SESSION William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger None Dave Howell David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Novak moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. E-1 GOVERNMENT CODE SECTION 54956.9(a), CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION ♦ STATUS REPORT ON PENDING LITIGATION E-2 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES ♦ DISCUSSIONS REGARDING PERSONNEL ISSUES INCLUDING ONE PUBLIC EMPLOYEE REGARDING DISCIPLINE/RELEASE/EVALUATION E-3 GOVERNMENT CODE SECTION 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 AS TO THREE PARCELS The meeting adjourned to Closed Session at 5:15 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 1995 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger ABSENT: None STAFF: Dave Howell David Hunt Rick Algert Bridgett Bauer Bill Boucher Don Funk Jeff Jones Jim Koser Joe Loven Andrea Lueker Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Harbor Director City Clerk Public Works Director Community Development Director Fire Chief Finance Director Police Chief Recreation and Parks Director Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Roger Ewing presented the "Lighten Up" this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates presented Certificates of Appreciation to former Planning Commissioners Bernie Melvin and Howard Smith. Mayor Yates made the following announcements: ♦ the San Luis Obispo County Grand Jury is seeking appointments to the Grand Jury; ♦ the Morro Bay Police Department received a glowing report from the Grand Jury; ♦ the Morro Bay Police Department has installed a Community Services Line for Spanish speaking residents; MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 1995 PAGE 3 • ♦ Congresswoman Andrea Seastrand will be meeting with citizens at the Dessert Show on Monday, April 17, 1995 from 2:00 p.m. - 3:30 p.m. Councilmember Novak shared her experience in Washington, D.C. Councilmember Novak also stated April 27th is "Take Your Daughter to Work Day." PUBLIC COMMENT Mary Phillips addressed Council on desalinated water and the fact that it is not a perfected method. Ann Freeman expressed concern with relocating City Hall based on the following issues: parking, pedestrian access, circulation, and fire safety. Jo L. Merriman expressed concern with the City Hall relocation, and the Twin Bridges Replacement Project. He asked when an American flag would be placed at the Veterans Hall? City Administrator Dave Howell addressed the concerns on City Hall relocation stating negotiations are still underway with the property owner. He said the building has a sprinkler system, and traffic does not appear to be a problem; however, parking is an issue. Mr. Howell stated the City will facilitate the payment of utility bills by using other locations. He noted leasing of existing buildings has not been actively pursued. Mayor Yates stated work is ongoing regarding Twin Bridges; it is a complex issue. Recreation and Parks Director Andrea Lueker stated the flag pole at the Veterans Memorial Building has been fixed; however, there is no illumination. She said the bid documents will soon go out for rehabilitation of the building and work should start in June. Charles Palmer asked if the north bridge of Twin Bridges is completely clogged with debris as no water is flowing under it. Public Works Director Bill Boucher responded there are two areas on the downstream side of the north bridge where silt and cobbles are above the soffit of the bridge; water appears to go under a portion of the bridge and then double back and go down the side channel. • • • 171 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 1995 PAGE 4 Dennis Johnston stated the shower by the Harbor Office provides hot water only for the first person using it. He said the shower needs a flow restrictor, and he is willing to buy one if necessary to get his quarter's worth of hot water. Mr. Johnston also said the interior incandescent light bulbs are often out and he offered to sell the City light bulbs at cost. John Barta suggested the City sponsor a bicycle criterion which would bring bicycling enthusiasts from around the country to participate. Terry Brown stated the City can play an important role in protecting the environment and wildlife with a tree ordinance to protect all trees. Lynda Merrill stated trees are important in the Coastal Act. She said there are some who feel the laws are too restrictive; however, the bottom line -is the City lives under the protective umbrella of coastal protection policy. Roger Ewing stated the relocation of City Hall should be agendized for a public hearing. He echoed Mr. Barta's enthusiasm regarding the City -sponsored criterion stating it would help put Morro Bay on the map and bring more tourists. Mr. Ewing recommended Mayor Yates use his column to address issues in advance of each Council meeting. He said trees are not a property rights issue, but one of stewardship; the preservation of trees is an important issue and Council should do something to stop random destruction of trees. Leabah Winter stated the public does not understand the status of the interim tree policy and Council should make it clear. She said during Arbor Day celebrations, trees were being cut down at Surf and Main Streets, and trees are cut down on weekends. John Nowell stated the issue with the interim tree policy is lack of enforcement. He said the City is accountable for six trees that were cut down at Surf and Main Streets. Community Development Director Don Funk responded the site was inspected after the trees and stumps were gone and staff was unable to conclude if more than four trees were cut down. Ed Smith stated he felt the emotional feelings about trees has overcome reality and balance is needed for the use of personal property. David Brown read an excerpt from a bulletin from Tree City USA, which lists four requirements for a tree city, including a tree ordinance. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 1995 PAGE 5 Harry Rogers stated intrusion into property rights is not acceptable; property rights should be protected and kept private. He said civil disobedience and bureaucratic intrusion are results of a tree ordinance. Mayor Yates closed the hearing to public comment. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Unger inquired if an audit has been performed on Morro Bay Garbage Company and Rock Solid Recycling. City Administrator Dave Howell responded Council will receive the audit information as soon as staff receives it. Councilmember Crotzer requested a public hearing be agendized on the relocation of City Hall. 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 13, 1995, AND THE SPECIAL MEETING OF FEBRUARY 1, 1995 • Mr. Howell recommended Council approve the minutes of March 13, 1995 and February 1, 1995 as submitted. A-2 RESOLUTION NO. 47-95 AWARDING BID FOR TIDELANDS PARK/THOMAS PARKING LOT PAVING Mr. Howell recommended Council award the construction contract for Project No. PW 94-09 by approval of Resolution No. 47-95. A-3 RESOLUTION APPROVING DESIGNATION OF APPLICANT'S AGENT FOR FLOOD EMERGENCY COST REIMBURSEMENT Mr. Howell recommended Council.consider this report and authorize the Mayor and City Clerk to sign the Designation of Applicant's Agent Resolution. A-4 APPROVAL OF CORPORATION YARD LEASE AGREEMENT WITH CAYUCOS SANITARY DISTRICT This item was pulled from the agenda. A-5 APPOINTMENT OF REPRESENTATIVE TO STATE WATER CONTRACTOR'S ADVISORY COMMITTEE Mr. Howell recommended Council appoint the Mayor as the voting • member and the Public Works Director as alternate member to the State Water Contractor's Advisory Committee. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 1995 PAGE 6 A-6 SETTING PENALTIES ON MUNICIPAL CODE PARKING VIOLATIONS Mr. Howell recommended Council adopt a schedule of penalties for specific Municipal Code parking violations in accordance with Assembly Bill 408. A-7 RESOLUTION NO. 46-95 ADOPTING CATASTROPHIC LEAVE POLICY Mr. Howell recommended Council adopt Resolution No. 46-95 establishing a catastrophic leave policy for Morro Bay City employees. A-8 APPROVAL OF CONTRACT FOR COST ALLOCATION STUDY Mr. Howell recommended Council authorize him as City Administrator to execute a one-year contract with David M. Griffith and Associates for the preparation of a full cost allocation plan, including preparation of the OMB A-87 indirect cost plan at a cost of $12,500. A-9 THIRD QUARTER 1994 SALES TAX REPORT Mr. Howell recommended Council receive this report for information. • Councilmember Crotzer pulled Item A-1 (Minutes of March 13, 1995) from the Consent Calendar; Mayor Yates pulled Item A-2; and Councilmember Unger pulled Items A-6, A-8, and A-9. MOTION: Councilmember Crotzer moved Council approve the Consent Calendar with the exception of Items A-1 (Minutes of March 13, 1995), A-2, A-6, A-8, and A-9. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF MARCH 13, 1995 Councilmember Crotzer made a correction to the minutes of March 13, 1995, page 15, stating his amended motion should include commercial fishing, not fish -related industries. Councilmember Novak also made a correction to the minutes of March 13, 1995, page 12, stating the idea of a raised Embarcadero with parking underneath is an interesting concept; and maintaining historical points in the plan and protection of commercial and sportfishing industries is important. She also made a correction to page 17 stating her concerns with not allowing the smaller scale projects to build by not rescinding • Resolution No. 94-93. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 1995 PAGE 7 • MOTION: Councilmember Crotzer moved Council approve the minutes of March 13, 1995 as amended. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) A-2 RESOLUTION NO. 47-95 AWARDING BID FOR TIDELANDS PARK/THOMAS PARKING LOT PAVING Mayor Yates asked for clarification to the bid awarded for Tidelands Park/Thomas Parking Lot Paving. Mr. Boucher responded bids were opened and reviewed; and it is recommended the bid be awarded to G.F. Garcia and Sons for a total construction amount of $64,794.55. Council asked about the increase in cost over the engineer's estimate. Mr. Boucher responded the engineer's estimate was prepared before finalizing of the Thomas lease, and the owner's modifications resulted in the increased price. MOTION: Councilmember Unger moved Council approve Item A-2. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) A-6 SETTING PENALTIES ON MUNICIPAL CODE PARKING VIOLATIONS • Councilmember Unger stated she has been deluged with complaints from downtown merchants regarding ticketing of cars; complaints range from conspiracy to uneven treatment. She noted citations are not issued on the Embarcadero. Police Chief Joe Loven responded Council has adopted parking restrictions in the downtown area, but has not adopted restrictions for the Embarcadero. He stated a survey has been conducted of all downtown businesses, which showed overwhelming support for continued restrictions. Mayor Yates stated the cost of parking tickets will be reduced from $25 to $10 if this resolution is approved. Councilmember Anderson asked why handicapped spaces are not addressed in the resolution? Chief Loven responded that fee has been set at $275 by the California Vehicle Code. Councilmember Crotzer stated if $25 is more in keeping with County standards then what prompted the fine to be lowered to $10? Chief Loven responded the lower fine is more in keeping with City residents' income. MOTION: Councilmember Crotzer moved Council approve Item A-6. The motion was seconded by Councilmember Unger and • unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 1995 PAGE 8 A-8 APPROVAL OF CONTRACT FOR COST ALLOCATION STUDY Councilmember Unger asked Finance Director Jim Koser if Council will receive a report in time for budget decisions this year? Mr. Koser responded a report will be ready for next year's budget. Councilmember Unger agreed a study is necessary but asked how long it would be relevant? Mr. Koser responded the study will be good for some time; periodic re-examination is necessary as people and functions change over time. MOTION: Mayor Yates moved Council approve Item A-8. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) A-9 THIRD QUARTER 1994 SALES TAX REPORT Councilmember Unger asked for clarification on the 1994 Sales Tax Report. Mr. Koser responded the revenue and taxation code restricts access to this information. He said technically, it is the governor who is responsible for control of information collected by the State Board of Equalization; the City Council, under Revenue and Taxation Code Section 7056, must identify any individuals to whom this information can be released by resolution. MOTION: Councilmember Unger moved Council approve Resolution No. 45-95 authorizing access to sales and use tax records pursuant to Revenue and Taxation Code Section 7056. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 REVIEW OF INTERIM TREE REMOVAL POLICY Councilmember Crotzer reviewed the intent of the interim tree removal policy and the intent of the California Coastal Commission. Mayor Yates stated the interim tree removal policy is a compromise between various positions. He said a policy in support of a four -tree rule does not make some people happy, but it is a livable compromise. Mayor Yates stated hopefully, the compromise will depoliticize this issue. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 1995 PAGE 9 • Councilmember Crotzer stated he requested this issue be agendized because something of an emergency nature had transpired with the cutting of trees. He said it appears citizens are receiving information from staff that no permit is required for tree removal. Councilmember Crotzer stated the interim policy agreed upon is a compromise position and seems to have no enforcement. He said a clear definition of what constitutes significant vegetation should be proposed and added to the LCP. Councilmember Crotzer stated the City Attorney was very explicit in saying the Coastal Commission does not direct what the City does in issuing permits; however, this issue is in their purview and they will be watching what the City does. He said if there is carte blanche permission and misinformation that a coastal development permit is not required for the cutting of major vegetation, the City will find itself in violation of the spirit and letter of the law of the State of California. Councilmember Crotzer stated his intent will be characterized as a threat if Council does not go back to having a tree policy. He added he will write a letter to the Coastal Commission, explaining to the best of his ability, that he disowns such a stance. Councilmember Unger asked if Councilmember Crotzer was advocating . a coastal development permit for any tree cutting? Councilmember Crotzer responded he felt David Loomis of the Coastal Commission was referring to the removal of larger trees (6 inch dbh), or a large number of trees. He said the Planning Commission should offer specific tree types for protection, and Council should peruse and edit those recommendations. Councilmember Crotzer noted in the interim, a policy that is inappropriate and clearly against the Coastal Commission perspective should not be used. Mayor Yates stated the City has no present written law; what has been enforced is an administrative decision. He said Council must define "major vegetation" so it will not be subject to the Planning and Building Director's purview on what constitutes significant vegetation. Councilmember Unger asked Planning and Building Director Don Funk if Council had returned to the old policy? Mr. Funk responded direction of Council was to follow the old, unwritten policy, but put a limit of up to four trees. He said the 6 inches dbh or 4 feet above ground is the standard, and up to four trees would not be considered major vegetation in the interim. 00 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 1995 PAGE 10 • Councilmember Crotzer stated more than four trees are being removed, and the interim policy does not address 6 inch dbh. Mr. Funk stated there had been consensus regarding 6 inch dbh and 4 feet off the ground. Councilmember Crotzer stated he would like to see 6 inch dbh changed to 8 inch dbh, in order to avoid confusion between overgrown bushes and trees. He said some kind of ordinance is required so oak trees are not cut down for firewood in California's coastal zone, and there should be some kind of penalty or consequence. Councilmember Anderson asked -about penalties for violations under the old ordinance. Mr. Funk responded it is a misdemeanor violation with a $500 fine. Councilmember Anderson asked if a possible $1,000 fine can be applied if more than four trees are cut down on private property? Councilmember Novak supported the interim policy and wants to look at the recommendations of the Planning Commission. Councilmember Unger agreed and stated the tree cutting was misrepresented to the Coastal Commission. • Mayor Yates stated it is very confusing to the Coastal Commission when an action is sent with one lone Council member writing letters in opposition, which has happened in the past. Councilmember Crotzer stated he is a member of the Council majority with the vote in this instance. He said he received a letter from the State governing body that the direction taken was incorrect and further action taken by Council should follow the previous ordinance. Mayor Yates called for a break at 7:40 p.m.; the meeting resumed at 7:55 p.m. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 CONSIDERATION OF 1) CASE NO. ZOA 01-95(A-2)/GPA/LCP 02- 93 A ; AND 2) CASE NO. LCP/ZOA 05-91(A);ORDINANCE NO.443(FIRST READING/INTRODUCTION) 1) CASE NO. ZOA 01-95(A-2)/GPA/LCP 02-93(A); SITE LOCATION: NE CORNER OF MORRO BAY BOULEVARD AND QUINTANA ROAD. CURRENT ADDRESS OF THE SITE: 899, 861, 853, 843, AND 839 QUINTANA ROAD. APPLICANT: DOMENGHINI BROTHERS AND THE CITY OF MORRO BAY. REQUEST FOR AN AMENDMENT TO • THE LOCAL COASTAL AND GENERAL PLAN LAND USE MAP AND ZONING ORDINANCE MAP TO CHANGE THE CURRENT ZONING FROM MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 1995 PAGE 11 • C-2 (S.4) [GENERAL COMMERCIAL] TO C-1 (S.4) [CENTRAL BUSINESS]. (CEQA DETERMINATION: THE CALIFORNIA COASTAL COMMISSION IS THE LEAD AGENCY FOR LOCAL COASTAL PLAN AMENDMENTS.) 2) CASE NO. LCP/ZOA 05-91(A); CITY -INITIATED AMENDMENTS TO THE ZONING ORDINANCE, SECTION 17 OF THE MORRO BAY MUNICIPAL CODE, IMPLEMENTING DOCUMENT OF THE LOCAL COASTAL PLAN. THE AMENDMENTS SIMPLIFY AND FACILITATE THE PROCESS FOR CITY APPROVAL OF CHILD CARE HOMES AND FACILITIES. (CEQA DETERMINATION: THE CALIFORNIA COASTAL COMMISSION IS THE LEAD AGENCY FOR LOCAL COASTAL PLAN AMENDMENTS.) Planning and Building Director Don Funk reviewed the proposed zone changes recommending approval of Resolution No. 44-95 amending the General Plan and Local Coastal Plan designations of 839, 843, 853, 861, and 899 Quintanta Road from Service Commercial to District Commercial. He said there has been no opposition to zoning change for the Domenghini property on Quintana Road. Mr. Funk also recommended Council approve the first reading of Ordinance No. 443 amending the zoning ordinance. Mr. Funk stated the other half of the zone change has to do with child care regulations, and staff recommends approval of • Ordinance No. 443 for first reading. Mayor Yates opened the hearing to public comment. Randy Pottl, representative for Domenghini, offered to answer any questions from Council. Mary Phillips stated more needs to be done about traffic in the area of Morro Bay Boulevard and Quintana Road. Mayor Yates closed the hearing for public comment. Councilmember Anderson asked if Hinson's Tire would be affected by this zone change? Mr. Pottl responded the property had been purchased a year or so ago from the Domenghini's. He said the tire store would be allowed to continue to operate. Councilmember Anderson stated he wanted assurance the tire store would not become a non -conforming use under the zoning change. Mr. Funk explained the zoning change will make the tire store legal non -conforming; and could become legalized if it was incorporated into the development. He added if the tire store • changed use, it would lose its non -conforming status. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 1995 PAGE 12 • Councilmember Unger asked if there would be any cost incurred to Hinson's owners if they chose to become part of the project. Mr. Pottl responded Hinson's owners would be responsible for landscaping coordination costs on their property. MOTION: Councilmember Unger moved Council approve Resolution No. 44-95 amending the General Plan and Local Coastal Plan designations of 839, 843, 853, 861, and 899 Quintanta Road from Service Commercial to District Commercial. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) MOTION: Councilmember Unger moved Ordinance No. 443 to be read by title and number only. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) City Administrator Dave Howell read Ordinance No. 443 by title and number. MOTION: Councilmember Novak moved Council approve Ordinance No. 443 for first reading and introduction. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) • D-2 CONTINUED PUBLIC HEARING ON WATERFRONT SPECIFIC PLAN - RECOMMENDED TO BE CONTINUED TO MAY 22, 1995 City Administrator Dave Howell recommended this item be continued to the May 22, 1995 City Council meeting. Mayor Yates opened the hearing to public comment; there was no comment from the public. There was no action taken on this item. B-2 RESOLUTION NO. 42-95 APPROVING 1995 TROLLEY TRIAL PROGRAM Public Works Director Bill Boucher stated the purpose of the 1995 Trolley trial season is to provide fixed route public transportation linking downtown and the waterfront. He recommended Council approve Option B and adopt Resolution No. 42- 95. Councilmember Unger asked if signs could be provided this year? Mr. Boucher responded the sign company is ready to make the signs. Councilmember Anderson asked for reassurance that parking will be restored in front of the Galley Restaurant when the trolley is • not operating. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 1995 PAGE 13 • Councilmember Crotzer asked about business owner comments on the Embarcadero. John Zaver, representative for Downtown Merchants, responded the only concern was from the Queen's Closet and that has been resolved. Councilmember Unger asked Mr. Zaver if sponsorships will sell? Mr. Zaver responded the Chamber of Commerce will be taking the lead and prospects are favorable; one sponsor has already firmly committed. Councilmember Novak asked for clarification from Mr. Zaver on the commission for advertising. Mr. Zaver the fee is 15% of whatever is sold on the trolley; if advertising was completely sold out, the fee would be $990. He said the Chamber will sell strictly on commission. Councilmember Crotzer stated it is obvious the route clearly serves the downtown and Embarcadero business community. He said the $25 fee seemed appropriate and he lamented the fact that it was eliminated. • MOTION: Councilmember Crotzer moved Council approve Option B by adoption of Resolution No. 42-95 approving the 1995 Trolley trial program. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) C. NEW BUSINESS C-1 PRESENTATION ON TOTAL RECYCLE CONCEPT This item was pulled from the agenda. C-2 PRESENTATION ON ECONOMIC DEVELOPMENT IN MORRO BAY Chamber of Commerce Board Member Ernie Miller stated he has worked for the past year on an economic project with the help of Chamber of Commerce Executive Director Suedene Nelson. A package of information was provided to Council along with recommendations from the RDA Ad -Hoc Committee. Councilmember Unger stated her belief is every city must have an economic base, such as clean and small industries where tax dollars are garnered, and there -must be an organized way to attract businesses. She added there must be water, reasonably priced land, and incentives. Councilmember Unger stated she will 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 1995 PAGE 14 • be meeting with Ms. Nelson in regards to incentives to economic development, and will report to Council of the outcome of this meeting. She said the Chamber of Commerce should take the lead on this issue. Mayor Yates asked Ms. Nelson when a report could be expected from the Chamber of Commerce. Ms. Nelson responded the issue has always been whether or not the City is serious about economic development. She said the momentum continues to build to make the City stronger economically. Ms. Nelson stated some definitive proposals will be forthcoming within the next two or three months. Mayor Yates received Council consensus for economic development focus this year. Mayor Yates welcomed input from all citizens on this issue. F. ADJOURNMENT The meeting adjourned at 9:00 p.m. Recorded by: 6" k Bridgett Bauer City Clerk is NOT I C E O F SPECIAL MEET 2 NG NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay Wednesday, 1995 at 6:00 p.m. in the Community Center Multi -Purpose Room, Kennedy Way, Morro Bay, California the following: considering CASE NO. ZOA 05-91 AND GPA/LCP 03-93; City -initiated amendments to the Zoning Ordinance (ZOA 05-91), Section 17 of the Morro Bay Municipal Code, General Plan and Local Coastal Plan. The amendments include: 1) streamline and clarify existing regulations; 2) reorganize existing text sections; 3) add definitions; 4) modify development criteria intended to bring the Ordinance into conformity with the General Plan; and amendments to the General Plan Local Plan Land Use Map and Zoning Map to modify general plan/zoning designations on certain parcels within the City. The amendments also modify portions of the North Main Street and Beach Street Specific Plan. The modifications apply to various zones and apply city-wide. (CEQA Determination: LCP Amendment, California Coastal Commission is the lead agency for CEQA ) March 29, WILLIAM YATES, Mayo City of Morro Bay, dalifornia 0 0 MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - APRIL 5, 1995; 6:00 P.M. COMMUNITY CENTER MULTI PURPOSE ROOM Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger ABSENT: None STAFF: Dave Howell Bridgett Bauer Don Funk Shauna Nauman PUBLIC COMMENT Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Clerk Community Development Director Planning Assistant Roger Ewing addressed Council with the concern that this meeting was not properly noticed and the Council may be in violation of the Brown Act. City Administrator Dave Howell reviewed the noticing of this special meeting stating it was published in the paper on March 22, 1995, and posted in three different locations. Mayor Yates responded to Mr. Ewing there is no violation of the Brown Act based on Mr. Howell's explanation on how this meeting was noticed. Consensus of the Council was to go forward with the meeting. CASE NO. ZOA 05-91 AND GPA/LCP 03-93; City -initiated amendments to the Zoning Ordinance (ZOA 05-91), Section 17 of the Morro Bay Municipal Code, General Plan and Local Coastal Plan. Planning and Building Director Don Funk reviewed the amendments to the zoning ordinance which include: 1) streamline and clarify existing regulations; 2) reorganize existing text sections; 3) add definitions; 4) modify development criteria intended to bring the ordinance into conformity with the General Plan; and amendments to the General Plan Local Plan Land Use Map and Zoning Map to modify general plan/zoning designations on certain parcels within the City. • Mr. Funk stated the amendments also Main Street and Beach Street Specific to various zones and apply city-wide. Mayor Yates recommended removing the modify portions of the North Plan. The modifications apply strike -outs in the amendment. 0 MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - APRIL 5, 1995 PAGE 2 Councilmember Crotzer stated the strike -outs help to show what amendments were made without reading the whole document. Councilmember Novak stated she would like a clean copy without the strike -outs, with a separate copy that shows the current changes; Councilmember Crotzer concurred. Council directed staff to bring the document back without the language that has been struck out. Mr. Funk reviewed the maps (attached for the record) with their specific amendments. Area 5 Steve Mathieu addressed Council on proposed zoning for Preston Lane. Council requested the Planning Commission review Mr. Mathieu's request and consider the MCR zone. Council approved proposed Option 3(a) for the area along Hwy 41 - [C-1/C-2 (SP)]. Mayor Yates called for a break at 7:35 p.m.; the meeting resumed at 7:55 p.m. Area 8 Council approved the proposed zoning of C-1/C-2 for Area 8. Area 10 Council did not make any changes for proposed Area 10 as recommended by Planning Commission. Area 11 John Barta addressed Council regarding the Caratan area which sits above the Embarcadero. He stated this area could perhaps provide parking for Tidelands Park. Council approved the proposed zoning of R-2 with direction to allow for bed & breakfast establishments as an added use to be reconsidered by the Planning Commission. The meeting adjourned at 8:45 p.m. Recorded by: b8OAkqA, • Bridgett Bauer City Clerk 1] 0 W51 Current GP&LCP : High Density Proposed GP&LCP: Low Density Current Zoning: RA (PD) Proposed Zoning: R-A IRON%�'OOD S Current Zoning: ESH Proposed Zoning: M-1 (PD, Current Zoning 7 RA (PD) Zoning: ESH ning: C-VS (ESH) it Current Zoning: ESH Proposed Zoning: C-VS (SI 06. >1 71 Current Zoning: ESH - Proposed Zoning: M-1 (PD/I/ESH) re un .n. t Zoning :ESH I Zoning : R-1 (ESH) .A� I CENTER LINE I OF MRRO CREEK ;t Zoning : ESH Zoning CENTER LINE I OF ?A TOE "ORRO CREEK OPTION I -b Current Zoning 7 R-1 Proposed Zoning: M-1 (FsD/l/SF, Options 2 a&b • Proposed chances are and Current Zoning : R-4 (PD) Proposed Zoning _NO CHANGE • OPTION 2-b Current Zoning : R-1 Proposed Zoning: M-1 (PD/I/SP) Chuck's Towing Only • Options 3 a&b • Pro Options chanaes are un Curren Proposed 0 Current Zoning : R-1 Proposed Zoning: MCR/R-1 16 0 U. R E Q h EN U a U N x c aZ, ? o c a N c a U N uc� 1 �S C 7 H CL V U a y 0 ac, o a u ° a 7-. Q W Q o n A_ -0 c I 2 n� a 11O rr r = D N = P1 `?O �j O let, 4e . n " LA v � � gU-TIE AVE a n C ^1 C M � a Q' ` m C1 r c N r 2 i �. o to n � a tO _a •o w v 3 e n p = a C) eb M ` . N n C ' U3 fD Z U2 .. M = H n rxo m 0 c CL C) N N c a N C) a n 3 v Dm ti fi°,� is un O7 o n fxD InD � I A Ty 7 N a n Z G �° o A C o C) P P O Op a > n 4 LA LOMA AVE 7' V m o T W- .t � AREA 11 + z ANCHOR ST. a F>: SOUTH ST. rn pn C cr > cr W. sM' • '1, W O v f. O O t• C g � �O �• S OLIVE Sr. �P p Current Zoning : C-VS (S.3/S.4) Proposed Zoning: R-3 (S.4) jurM.M.• •M _ a 11 • • 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - MARCH 27, 1995; 5:15 P.M. CLOSED SESSION - MARCH 27, 1995 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(a), CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION ♦ in the Matter of the Bankruptcy of Jim and Margie George, United States Bankruptcy Court in the Central District of California, Case No. 94-12409 RR; ♦ In the Matter of the Bankruptcies of San Simeon Sport Boats, Inc., United States Bankruptcy Court in the Central District of California, Case No. 94-13396 RR; and George and Valerie Valenzuela, United States Bankruptcy Court in the Central District of California, Case No. 94-13397 RR. 2 GOVERNMENT CODE SECTION 54956.9(b)(1), CONFERENCE WITH LEGAL COUNSEL DUE IF TO SIGNIFICANT EXPOSURE TO LITIGATION Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one matter. PUBLIC SESSION - MARCH 27, 1995 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 FEBRUARY 27, 1995, THE SPECIAL MEETING OF FEBRUARY 22, 1995, AND THE EMERGENCY MEETING OF MARCH 10, 1995 42 STATEMENT OF CASH AND INVESTMENTS - FEBRUARY 1995 A-3 EXPENDITURE REPORT - FEBRUARY 1995 A-4 REVIEW OF FISCAL YEAR 1995/96 BUDGET CALENDAR AND RECOMMENDED POLICY ON RESERVES A-5 RESOLUTION NO. 36-95 ADOPTING PUBLIC WORKS ADVISORY BOARD BY-LAWS A-6 RESOLUTION NO. 40-95 APPROVING HARBOR ENTRANCE IMPROVEMENT PROJECT COOPERATION AGREEMENT A-7 APPROVAL OF ARCHITECT CONTRACT FOR NEW HARBOR OFFICE A-8 APPROVAL OF CONTRACT FOR SERVICES WITH APPLIED DEVELOPMENT ECONOMICS, INC. FOR ADMINISTRATION OF 1994 COMMUNITY DEVELOPMENT BLOCK GRANT A-9 RESOLUTION NO. 37-95 APPROVING PURCHASE OF SECOND PARATRANSIT VEHICLE A-10 CLAIM REJECTION AGAINST THE CITY (HORTON) A-11 PROCLAMATION DECLARING APRIL 1995 AS "MONTH OF THE CHILD" B. UNFINISHED BUSINESS 1 CONSIDERATION OF ADVISORY BOARD APPOINTMENTS B-2 REVIEW OF POLICY FOR COMMISSION/ADVISORY BOARD/STAFF ASSIGNMENTS B-3 RESOLUTION NO. 38-95 APPROVING COUNCIL POLICY ON TROLLEY SPONSORS C. NEW BUSINESS C-1 SET DATE FOR BROWN ACT SEMINAR D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 CONSIDERATION OF ANGLE PARKING: MARKET AVENUE BETWEEN PACIFIC STREET AND HARBOR STREET; AND EXISTING MONTEREY AVENUE ALIGNMENT BETWEEN PACIFIC STREET AND HARBOR STREET D-2 CONTINUED PUBLIC HEARING ON PARKING MANAGEMENT PLAN D-3 RESOLUTION NO. 29-95 ADOPTING AMENDMENT AND ADOPTION OF THE HOUSING ELEMENT OF THE GENERAL PLAN 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. . IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. ►�J 0 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - MARCH 27, 1995 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: ABSENT STAFF: CLOSED SESSION William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger Dave Howell David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Crotzer moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Anderson and unanimously carried. (3-0) Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 5:15 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Anderson moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (3-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 27, 1995 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 Rodger Anderson Councilmember Colby Crotzer Councilmember ABSENT: Cathy Novak Councilmember Ahnawake Unger Councilmember • • 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 27, 1995 PAGE 2 STAFF: Dave Howell David Hunt Rick Algert Bridgett Bauer Bill Boucher Don Funk Jim Koser Joe Loven Andrea Lueker City Administrator City Attorney Harbor Director City Clerk Public Works Director Community Development Director Finance Director Police Chief Recreation and Parks Director Ray McKelligott led the Pledge of Allegiance. LIGHTEN UP Suedene Nelson presented the "Lighten Up". MAYOR'S REPORTS & ANNOUNCEMENTS MOTION: Councilmember Crotzer moved Council approve Consent Calendar Item A-11 (Proclamation declaring April 8, 1995 as "Day of the Child" and April 1995 as "Month of the Child".) The motion was seconded by Councilmember Anderson and unanimously carried. (3-0) Mayor Yates read and presented the proclamation to the City's Recreation Specialist, Kim Walker. Mayor Yates presented Certificates of Appreciation to trolley tour guides and advisory board members. Mayor Yates announced Councilmember Novak is absent because she is representing the City in Washington, D.C. regarding waterfront and harbor entrance improvement issues; and Councilmember Unger is absent for personal matters. Mayor Yates announced Arbor Day celebrations were held on March 25th. Mayor Yates announced two bankruptcies on the waterfront were discussed in Closed Session: 1) the Bankruptcy of Jim and Margie George - a right of possession has been filed and ignored; the City will evict in the next 30 to 45 days with federal marshalls. 2) the Bankruptcy of George and Valerie Valenzuela - the City Council authorized the City Attorney to file declaratory relief action to clarify ownership of the Valenzuela lease, which is across from the Morro Bay Yacht Club; that property is also in bankruptcy and in legal limbo at the moment. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 27, 1995 PAGE 3 PUBLIC COMMENT Harry Rogers recognized City staff for their actions during recent storms. Mayor Yates stated recognition is in the works for all workers and citizens involved in various efforts during the storms. Lynda Merrill expressed concerns with the relocation of City Hall stating the upstairs offices may be a problem for senior citizens, the proposed location does not have ample parking, and removing City Hall from downtown might impact local businesses. She stated she would like to see construction of a teen center if money is available; and also proposed an indoor -outdoor pool. Mayor Yates responded two Councilmembers have proposed a swimming pool; as far as City Hall is concerned, there is an elevator and ample parking. He noted proposed plans are to build the new City Hall where the present one is now located. Chuck Meissner stated Kurt Kupper resigned from ECOSLO and Rock Solid, and introduced Bonnie Teveldte, director of operations and program coordinator. He stated the City should meet with Rock Solid representatives regarding their services. • Bonnie Teveldte stated future Rock Solid operations will be enhanced, and outlined goals and objectives for 1995 and 1996. William Cutting, ECOSLO and Rock Solid manager of operations, stated he has been running the City's day-to-day curbside operations for five months. He said many enhancements to the program are underway and cost savings have resulted from in-house processing. Morro Bay High School student Amber Whaley stated she has worked for Rock Solid on collection trailers and in the yard processing materials and painting trailers. She enjoys going from business to business and house to house to teach people how to recycle. Miss Whaley stated, on behalf of all students in the Rock Solid program, she thanks the City for providing jobs. Mary Phillips asked if trees will be planted on property lines where they will grow onto another person's property? Mayor Yates responded the idea is to have neighborly cooperation. Ms. Phillips stated an ordinance is needed to specify number of feet from property lines for tree planting. Art Scott spoke in behalf of Tratel Trailer Park, which has had a lot of flooding from recent storms. He said the Main Street bridge is causing an obstruction and allowing water to rise and • asked if it is possible to build a retaining wall or install rip rap to divert water from the park. Mr. Scott noted the creek MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 27, 1995 PAGE 4 • near Coral Street is constructed of concrete, which eliminates flooding and erosion problems. He asked for a place to dump the dirt that is being collected in the park. Public Works Director Bill Boucher stated the City is having the same problem with finding locations to dump excess dirt. Mayor Yates stated it probably will be up to the owner of Tratel to get emergency funds to build a retaining wall. Community Development Director Don Funk stated emergency work can be accomplished through permits; however, permanent solutions will require a City project. Mr. Scott said the creek floor has been raised 6 to 8 feet in the last 45 days and asked if it could be dredged? Mayor Yates instructed Mr. Boucher to assess conditions at the creek. Jim George played a portion of the March 8, 1995 hearing in bankruptcy court in order to clarify Judge Robin Riblet's ruling on the deemed rejection of the George's lease. Margie George stated on November 14, 1994 she attempted to advise Council to delay any decision on transferring the lease of their • property to the Hoppes. She said she has not been served with a writ of possession, and she has been informed by the Sheriff's Civil Enforcement Division it will not be served without a state court decision. Mrs. George stated any further effort on the City's part to take her property without due process is a violation of her constitutional rights. She said no one from the City has ever attempted to contact her regarding this issue. John Nowell addressed Council about interim procedures regarding the tree ordinance and asked why this issue is not on the agenda tonight? He said in addition to the four -tree limitation, he asked that trees on vacant property not be cut unless there is a permit. Mr. Nowell stated Coastal Commission directives and signed petitions should not be ignored while the new ordinance is going through the process. He noted while Councilmembers were planting four trees at Tidelands Park at the Arbor Day celebration, four more trees were cut down on vacant property at Main and Surf streets. Mayor Yates responded the tree issue has been scheduled for the April loth Council meeting. He stated the Coastal Commission letter is not seen as a directive to the City; and more than four trees were probably planted over the weekend. Mayor Yates noted Council is committed to planting trees in the City. Paul Gambella, resident of Tratel, stated his insurance company • will not tolerate much more flooding into his home, and expressed something needs to be done to control the flooding into the park. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 27, 1995 PAGE 5 Mayor Yates responded there have been two floods this year of unusual enormity; the trailer park is built on a flood plain and there is no way to alleviate the problem 100%. He said the City Administrator has been directed to discuss the concerns of Tratel and to draft a letter to the property owner outlining what can and cannot be done to help the situation as far as the City is concerned. Marguerite Magini stated the new trolley schedule will eliminate a stop at the Rock and the parking area at Tidelands Park which is not a benefit to tourists. Mayor Yates closed the hearing to public comment. Councilmember Crotzer stated he had requested the interim tree policy be agendized at the previous Council meeting. Mayor Yates noted Future Agenda Items are scheduled as soon as the schedule allows; in this case, April loth is the earliest date available to hear this issue. DECLARATION OF FUTURE AGENDA ITEMS - None. A. CONSENT CALENDAR it 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 FEBRUARY 27, 1995, THE SPECIAL MEETING OF FEBRUARY 22, 1995, AND THE EMERGENCY MEETING OF MARCH 10, 1995 Mr. Howell recommended Council approve the minutes as submitted. A-2 STATEMENT OF CASH AND INVESTMENTS - FEBRUARY 1995 Mr. Howell recommended Council receive the report for information. A-3 EXPENDITURE REPORT - FEBRUARY 1995 Mr. Howell recommended Council receive the report for information. A-4 REVIEW OF FISCAL YEAR 1995/96 BUDGET CALENDAR AND RECOMMENDED POLICY ON RESERVES Mr. Howell recommended Council accept the Fiscal Year 1995/96 Budget Calendar; and further recommended Council direct himself, or his designee, to develop a proposed policy regarding isestablishment and maintenance of prudent General Fund reserves. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 27, 1995 PAGE 6 • A-5 RESOLUTION NO. 36-95 ADOPTING PUBLIC WORKS ADVISORY BOARD BY-LAWS Mr. Howell recommended Council approve Resolution No. 36-95 adopting Public Works Advisory Board by-laws. A-6 RESOLUTION NO. 40-95 APPROVING HARBOR ENTRANCE IMPROVEMENT PROJECT COOPERATION AGREEMENT Mr. Howell recommended Council adopt Resolution No. 40-95 approving the Project Cooperation Agreement with the Army Corps of Engineers for construction of the Harbor Entrance Improvement Project; and authorize the Mayor to execute the agreement. A-7 APPROVAL OF ARCHITECT CONTRACT FOR NEW HARBOR OFFICE Mr. Howell recommended Council approve the selection of Randy Dettmer AIA to complete design and development on the new Harbor Office; and authorize the City Administrator to execute a professional services agreement with Mr. Dettmer. A-8 APPROVAL OF CONTRACT FOR SERVICES WITH APPLIED DEVELOPMENT ECONOMICS, INC. FOR ADMINISTRATION OF 1994 COMMUNITY DEVELOPMENT BLOCK GRANT • Mr. Howell recommended Council adopt Resolution No. 41-95 approving the contract for services with Applied Development Economics. A-9 RESOLUTION NO. 37-95 APPROVING PURCHASE OF SECOND PARATRANSIT VEHICLE Mr. Howell recommended Council. adopt Resolution No. 37-95 approving the purchase of a second paratransit vehicle. A-10 CLAIM REJECTION AGAINST THE CITY (HORTON) Mr. Howell recommended Council reject the claim filed by Teri Horton. A-11 PROCLAMATION DECLARING APRIL 1995 AS "MONTH OF THE CHILD" Mr. Howell recommended Council adopt the proclamation declaring April 1995 as "Month of the Child". Mayor Yates pulled Item A-4 from the Consent Calendar; Councilmember Crotzer pulled Item A-5, and Councilmember Anderson pulled Item A-6. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 27, 1995 PAGE 7 • MOTION: Councilmember Crotzer moved Council approve the Consent Calendar with the exception of Items A-4, A-5, and A-6. The motion was seconded by Councilmember Anderson and unanimously carried. (3-0) A-4 REVIEW OF FISCAL YEAR 1995/96 BUDGET CALENDAR AND RECOMMENDED POLICY ON RESERVES Mayor Yates asked for clarification on this item. Finance Director Jim Koser responded the first purpose of the report is to advise Council of the calendar for the 1995/96 budget, and to schedule work sessions with Council from May 24 to June 7. He said the second issue has received a lot of attention because of recent disasters. Mr. Koser stated Council is asked to consider developing a formal policy for set -aside funds for emergencies of different kinds. He asked Council to direct the City Administrator or his designee to prepare a proposal for Council consideration regarding alternative targets to achieve such reserves. Mr. Koser noted Council passed Resolution No. 55-93 which established an emergency reserve in the amount of S800,000. said as the budget increases, this • smaller percentage of the budget. Mr worthwhile to increase the reserve maintain operations for two to three will grow as the budget grows without consider a specific dollar amount each r1 U amount will represent Koser stated it would requirements in order He a be to months. He added reserves a requirement that Council time the budget changes. MOTION: Mayor Yates moved Council approve Item A-4. The motion was seconded by Councilmember Crotzer and unanimously carried. (3-0) A-5 RESOLUTION NO. 36-95 ADOPTING PUBLIC WORKS ADVISORY BOARD BY-LAWS Councilmember Crotzer addressed the by-laws, page 2, regarding meetings. He said the statement the Chair may close meetings to public comment could be misconstrued. Public Works Director Bill Boucher stated the board adopted the by-laws, and Council may change the wording for clarification. He said the sentence can be amended to read: "After receiving a maximum of three minutes of comment from each member of the public wishing to provide testimony on any public hearing item, the Chair may close meetings to the public"; similar language can be included within the revision for Resolution No. 36-95, adding a whereas clause stating: "Whereas, it is appropriate to clarify n LJ • E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 27, 1995 PAGE 8 procedures to allow public comment subject to reasonable regulations; said procedures allowing a maximum of three minutes of testimony from members of the public on each public hearing item". MOTION: Councilmember Crotzer moved Council approve Resolution No. 36-95 adopting Public Works Advisory Board by-laws as amended by the Public Works Director. The motion was seconded by Councilmember Anderson and unanimously carried. (3-0) A-6 RESOLUTION NO. 40-95 APPROVING HARBOR ENTRANCE IMPROVEMENT PROJECT COOPERATION AGREEMENT Councilmember Anderson asked where the tailings would go during dredging? Mayor Yates responded it will depend on whether a hopper or pipe dredge is used. Harbor Director Rick Algert stated if the contract is awarded to a company with a pipeline dredge, the tailings will be discharged on the beach north of the Rock. Councilmember Anderson said in the past, the harbor mouth refilled more rapidly when the sand was dumped on the beach. Mr. Algert stated this issue has been studied carefully over the years and is not definitive; both methods are environmentally sound and have gone through thorough environmental review and permitting. Councilmember Crotzer stated boaters and surfers will also agree that migration of the tailings results in new combing peaks of sand south toward the Rock. He asked if engineering dictates the elimination of southerly sandspit deposit for dredge tailings or is it a policy decision? Mr. Algert responded the Army Corps of Engineers has determined the two sites that work fairly well are the north beach area and in -shore area about one mile south of the entrance; north to south currents bring more sand from the north back to the entrance, and there are studies that show sand coming south to north as well. He said the dune areas were built up and protected quite nicely after the last dredging. Councilmember Crotzer asked about the total City share of funding, and does the 20% local share mean a maximum cap of $1 million or can it go up? • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 27, 1995 PAGE 9 Mr. Algert responded the total project cost cannot exceed $2.66 million; the estimated cost is $2.6 million. He said by law, the city's share is 20%, approximately $520,000 and cannot exceed $526,000. MOTION: Councilmember Anderson moved Council approve Item A-6. The motion was seconded by Councilmember Crotzer and unanimously carried. (3-0) B. UNFINISHED BUSINESS B-1 CONSIDERATION OF ADVISORY BOARD APPOINTMENTS City Administrator Dave Howell reviewed the advisory board vacancies. Council discussed the Recreation and Parks Commission vacancy. MOTION: Councilmember Anderson moved Council appoint Linda Donnelly to the Recreation and Parks Commission. The motion was seconded by Mayor Yates and carried with Councilmember Crotzer voting no. (2-1) Mr. Howell stated there was an oversight when the Community Promotions Board was reconstituted. He said in the interest of fairness, Frank St. Denis should receive the longer term since he was interviewed by Council and Ms. Kelly receive the shorter term. Mayor Yates asked if there were other applicants. Mr. Howell responded there were none; however, advertisements could be placed if Council so desired. Councilmember Anderson's position must be filled and Ms. Kelly has been serving on the board, although she was not interviewed. She has expressed an interest in continuing to serve. The question is whether or not to advertise the opening or to re -appoint Ms. Kelly. MOTION: Mayor Yates moved Council appoint Roxanne Kelly to the Community Promotions Committee as the Merchants representative with a term ending January 1, 1997, and Frank St. Denis be re -designated as the Embarcadero business representative with a term ending January 1, 1999. The motion was seconded by Councilmember Anderson and carried with Councilmember Crotzer voting no. (2-1) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 27, 1995 PAGE 10 • Mr. Howell stated there is an error in the roster on the Municipal Code Ad -Hoc Committee with both Dave Elliott and Steve Mathieu still being members of the committee. He said there can be seven members, although there are four at the present time with the resignation of Allen Peterson. Mr. Howell noted Cathy Cordero has expressed an interest in serving, and there are no other applicants. MOTION: Mayor Yates moved Council appoint Cathy Cordero to the Municipal Code Ad -Hoc Committee, and directed staff to advertise for the remaining openings. The motion was seconded by Councilmember Anderson and carried with Councilmember Crotzer voting no. (2-1) Mr. Howell said a Council representative is still needed on the RDA Ad -Hoc Committee. Planning and Building Director Don Funk stated the committee has not met as they are waiting for appointees from the Planning Commission and Council. He noted the committee usually meets at 9:00 a.m. on Tuesdays or Thursdays. MOTION: Mayor Yates moved Council nominate Councilmember Anderson as representative on the RDA Ad -Hoc Committee • with Councilmember Novak as an alternate. Councilmember Crotzer refused to second the motion. Mayor Yates said Council would have to wait until the next meeting on the motion as there was a refusal for a second. MOTION: Councilmember Anderson moved Council nominate Council - member Novak as representative on the RDA Ad -Hoc Committee. The motion was seconded by Mayor Yates and carried with Councilmember Crotzer voting no. (2-1) Mayor Yates stated he appointed Steve Mathieu as the Planning Commission representative to the RDA Ad -Hoc Committee on Monday, March 20, 1995. He noted Councilmember Anderson will be Councilmember Novak's alternate on this committee. B-2 REVIEW OF POLICY FOR COMMISSION/ADVISORY BOARD STAFF ASSIGNMENTS City Administrator Dave Howell discussed issues and assignments between members of Council, Commissions, Advisory Boards and staff. He said it is his understanding that no one member has the authority to direct staff, and a majority of any commission must concur on direction. Mr. Howell presented a City Council policy statement regarding communications between staff, department heads, and Council which can be expanded to include 0 advisory board members. • • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 27, 1995 PAGE 11 Mayor Yates stated he would also like to see a policy whereby advisory boards are instructed to at least have a consensus in order to direct staff; no one member should be able to direct staff. Council requested staff expand the policy statement, make it more comprehensive, and bring it back as a future agenda item. Mayor Yates called for a break at 7:40 p.m.; the meeting resumed at 7:55 p.m. D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 CONSIDERATION OF ANGLE PARKING: MARKET AVENUE BETWEEN PACIFIC STREET AND HARBOR STREET; AND EXISTING MONTEREY AVENUE ALIGNMENT BETWEEN PACIFIC STREET AND HARBOR STREET Public Works Director Bill Boucher reviewed the plan for diagonal parking on Market Avenue between Pacific and Harbor Streets. He recommended Council consider and provide staff direction regarding the Market Avenue proposal. If Monterey Avenue remains a one-way street, he requested Council adopt Resolution No. 34-95 establishing a loading zone on the north side of Morro Bay Boulevard at Monterey Avenue; and, adopt Resolution No. 35-95 establishing 20-minute parking limitation space on the south side of Morro Bay Boulevard and Monterey Avenue. Mr. Boucher also addressed the petition circulated suggesting 4-hour parking limits downtown and on the Embarcadero. Mayor Yates stated he fails to see the wisdom in creating angled parking on Market Avenue if only one parking space would be gained. Mr. Boucher agreed, stating many potential problems could arise with minimal gain. His recommendation is against angled parking on Market Avenue. Mayor Yates asked why Bank of America is requesting a special parking zone when there is a large parking lot in back? Mr. Boucher responded the bank asked for a special parking zone to accommodate customers using the ATM machine in front of the .bank. Councilmember Crotzer stated off-street parking is a convenience for a business such as a bank. He said he agrees with a loading zone which has limited days/hours; otherwise, it can be used for general parking. Councilmember Crotzer also stated he supports the four-hour parking limit. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 27, 1995 PAGE 12 • Councilmember Anderson stated special parking zones to provide quick stops along Morro Bay Boulevard seem to be a good idea. He said the concept of four-hour parking has merit, especially after listening to business owners in the area; however, two hours is not long enough. Mayor Yates stated he is convinced by complaints he has received from citizens that more signage at the bank exit on Monterey Avenue is needed. He said he will not support a four-hour parking limit on the Embarcadero until the other parking problems are solved. Mayor Yates also stated employers should have a policy to prevent employees from taking up customer parking. Mayor Yates opened the hearing to public comment. Suedene Nelson, Director of Chamber of Commerce, stated four-hour parking limits downtown will be helpful, and more signage is desirable. Robert Gray stated he has watched the Embarcadero parking worsen each year for 12 years; the only solution is enforcement of restricted parking. Harry Rogers stated circulation is important to traffic flow, and • accumulation of new property is essential to create more parking. Ralph Gunther expressed concern with the proposed Market Street parking plan since it only creates one parking space. Steve Mathieu recommended the use of zonal permit stickers for residents and employees. Mary Phillips addressed handicapped parking. Chief Loven responded handicap parking is exempt from parking limitations. Marguerite Magini expressed concern with large vehicles taking up more than one space. Jim Manorick, owner of Morro Bay Appliances, stated four hours is too long for local businesses. Mayor Yates closed the hearing to public comment. MOTION: Councilmember Anderson moved Council approve Resolution No. 34-95 authorizing and directing designation of a loading zone on Morro Bay Boulevard east of Monterey Avenue. The motion was seconded by Mayor Yates and unanimously carried. (3-0) n U MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 27, 1995 PAGE 13 • MOTION: Councilmember Crotzer moved Council adopt Resolution No. 35-95 authorizing and directing designation of a 20-minute on -street parking limitation on Morro Bay Boulevard west of Monterey Avenue adjacent to the Bank of America. The motion was seconded by Councilmember Anderson and unanimously carried. (3-0) D-2 CONTINUED PUBLIC HEARING ON PARKING MANAGEMENT PLAN Mr. Howell recommended this item be continued to the May 8, 1995 City Council meeting. Mayor Yates opened the hearing for public comment. Lynda Merrill expressed concern with so much paving being contemplated for the east side of the Embarcadero; although she has no solutions for the parking problem, she asked for sensitive treatment to the area with the use of landscaping. She added creative attention should be paid to pedestrian traffic. Mayor Yates closed the hearing for public comment. MOTION: Mayor Yates moved Council continue the public hearing on Parking Management Plan to the May 8, 1995 City Council meeting. The motion was seconded by 41 Councilmember Crotzer and unanimously carried. (3-0) D-3 RESOLUTION NO. 29-95 ADOPTING AMENDMENT AND ADOPTION OF THE HOUSING ELEMENT OF THE GENERAL PLAN Planning and Building Director Don Funk reviewed the Housing Element amendments which will provide for CDBG funding. He recommended Council review and approve the General Plan amendments to amendments to the Housing Element by adoption of 29-95 as recommended by the Planning Commission. Mayor Yates opened the hearing to public comment; there was none, and the hearing was closed to public comment. Councilmember Crotzer asked about the importance or impact of the City having a redevelopment agency. Mr. Funk responded redevelopment agencies are useful in providing public housing, helping communities meet fair share allocations, as well as providing funding. MOTION: Councilmember Anderson moved Council approve Resolution No. 29-95 approving amendments to the Housing Element of the General Plan. The motion was seconded by Mayor Yates and unanimously approved. (3-0) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 27, 1995 PAGE 14 B-3 RESOLUTION NO. 38-95 APPROVING COUNCIL POLICY ON TROLLEY SPONSORS Public Works Director Bill Boucher reviewed and recommended Council approve the Trolley Ad -Hoc Committee's recommendation to seek corporate sponsorship for the 1995 Morro Bay Trolley Pilot Program by adoption of Resolution No. 38-95. Councilmember Anderson asked whether the issue of daily or weekend scheduling has been decided? Mr. Boucher responded the committee would like to provide daily service; however, that would depend on funding levels. Councilmember Crotzer asked if more space for signage has been provided on the trolley? Mr. Boucher responded sponsors would have a choice of exterior or interior signage and no modification is contemplated. Mayor Yates voiced his support of the trolley and he offered to be block captain for Marina Square. MOTION: Mayor Yates moved Council approve Resolution No. 38-95 approving the seeking of sponsorships for the 1995 Trolley trial season. The motion was seconded by Councilmember Anderson and unanimously carried. (3-0) C. NEW BUSINESS C-1 SET DATE FOR BROWN ACT WORKSHOP City Administrator Dave Howell addressed the Brown Act Workshop performed by the City Attorney's office and requested Council schedule a date. Council scheduled the Brown Act Workshop for Wednesday, April 26, 1995 at 6:00 p.m. F. ADJOURNMENT The meeting adjourned at 11:47 p.m. Recorded by: Bridgett Bauer City Clerk 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - MARCH 13, 1995 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. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 14, 1995; AND THE SPECIAL CITY COUNCIL MEETING OF FEBRUARY 22, 1995 A-2 STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES RESOLUTION APPROVING APPLICANTS' AGENT FOR FLOOD EMERGENCY COST REIMBURSEMENT A-3 LEASE AGREEMENT TO ESTABLISH INTERIM PUBLIC PARKING LOT AT 560 EMBARCADERO A-4 RESOLUTION NO. 28-95 APPROVING SUBLEASE AGREEMENT ON LEASE SITE 68/68W A-5 RESOLUTION NO. 30-95 IN SUPPORT OF SENATE BILL 1X A-6 RESOLUTION NO. 31-95 IN SUPPORT OF ASSEMBLY BILL 7X A-7 STATUS REPORT ON COMPUTER SYSTEM 8 RESOLUTION NO. 25-95 APPROVING 1995 WEED ABATEMENT PROGRAM A-9 PROCLAMATION DECLARING MARCH 13-19, 1995 AS "CAMP FIRE BIRTHDAY WEEK" 1 •. UNFINISHED BUSINESS B-1 RESOLUTION NO. 27-95 ADOPTING TREE FUND POLICY B-2 CONSIDERATION OF TWIN BRIDGES AGREEMENT WITH SAN LUIS OBISPO COUNTY B-3 CONSIDERATION OF ADVISORY BOARD APPOINTMENTS C. NEW BUSINESS C-1 REVIEW OF POLICY FOR COUNCIL/COMMISSION/ADVISORY BOARD/STAFF RELATIONS C-2 RESOLUTION NO. 26-95 ADOPTING ALTERNATIVE RETIREMENT SYSTEM FOR CERTAIN CITY EMPLOYEES C-3 REVIEW OF COUNCIL POLICY ON TROLLEY SPONSORS C-4 CONSIDERATION OF CITY HALL RELOCATION D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 CONTINUED PUBLIC HEARING ON WATERFRONT SPECIFIC PLAN D-2 REVIEW OF PROPOSED CHANGES TO SUBDIVISION RESTRICTIONS 0. 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. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. rj • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 13, 1995 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger ABSENT: None STAFF: Dave Howell David Hunt Rick Algert Bridgett Bauer Bill Boucher Don Funk Jeff Jones Jim Koser Joe Loven Andrea Lueker Steve Sylvester Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Harbor Director City Clerk Public Works Director Community Development Director Fire Chief Finance Director Police Chief Recreation and Parks Director City Engineer Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP City Administrator Dave Howell presented the "Lighten Up" this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates requested Council consensus to vote on and approve Item A-9, Proclamation declaring March 13-19, 1995 as "Camp Fire Birthday Week." MOTION: Councilmember Unger moved Council approve Item A-9, Proclamation declaring March 13-19, 1995 as "Camp Fire Birthday Week." The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mayor Yates read the proclamation and presented it to the local Camp Fire group. Mayor Yates made the following announcements: ♦ The new City fire truck is available this evening for everyone to take a look at. He noted the truck was funded by Proposition 172 funds. 6 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 13, 1995 PAGE 2 ♦ Mayor Yates introduced Randy Livingston, who is the new PG&E plant manager, and welcomed him to the City. ♦ President Clinton has signed emergency legislation which will allow FEMA and other federal agencies to provide funds for flood victims; more than 200 residences and 60 businesses suffered damage in recent storms. ♦ Mayor Yates thanked all City staff for working around the clock to deal with the problems that arose from the storm; in addition to staff, he thanked the following people who also provided assistance: National Guard, Coast Guard, Department of Forestry, California Mens Colony, Cayucos and South Bay Fire Departments, ham radio operators, the Salvation Army, the Red Cross, Morro Bay High School, Morro Bay Commercial Fishermen's Association, Associated Pacific and Reg Whibley, Cordero-Winston, PG&E, Albertson's, Burger King, Randy Livingston, Bob Fraser of Morro Bay RV, Harold Davis,, Doug Clausen, and Jack Hansen. ♦ Mayor Yates commended the three heroic swimmers: Jeff Simpson and David Eger, lifeguards with the Harbor Department, and Bill Fisher with the Department of Forestry, who also teaches • surf rescue at Cuesta College. These men risked their own lives to rescue the three people who were stranded in the middle of Morro Creek during the storm. He said one rescuer swam through raging waters filled with debris to assist two of the men who were at great risk. ♦ Mayor Yates said Public Works employees are to be thanked for their tremendous effort; the Fire Department was busy pumping out flood waters, evacuating people, providing advanced life support, putting out electrical and vehicle fires, and helping stop landslides; one major problem was the -flooding of the PG&E substation which involved two fire companies to pump it out (two more feet of water would have resulted in the loss of operations at the station, and power would have been lost in much of the state); Bob Conn, second in command at the Wastewater Treatment Plant, handled the peak demand of the plant around the clock; most of the motels gave discounted or free rooms for displaced citizens; restaurants offered food; there were also major catastrophes with landslides at the diesel tanks and the golf course. A round of applause was given to City crews, volunteers and various agencies. ♦ Mayor Yates stated an emergency meeting was held last Friday afternoon to declare an emergency. The freeway was closed and Councilmember Unger waded through the water to appear at the meeting. He said she is to be commended for her efforts to • attend this meeting. ♦ Mayor Yates announced Twin Bridges opened at 4:00 p.m. today. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 13, 1995 PAGE 3 • ♦ Mayor Yates stated the men who chopped down the trees at Quintana Road and Main Street feel badly about the event; and said they are selling the wood for $100 per cord and will donate $25 per cord to the City, specifically earmarked for replacement of trees. ♦ Mayor Yates announced it is time to go to Washington, D.C., again. He stated Councilmember Novak has taken the baton on waterfront issues that he has carried for the last two years and asked for Council consensus to send Councilmember Novak as the City representative to the CMANC convention. Mayor Yates stated it is necessary to go to protect the City's money and to continue lobbying for harbor issues. ♦ Mayor Yates stated the Planning Commission has requested a Councilmember act as liaison between Council and the Commission, and asked for a volunteer. Councilmember Crotzer asked if the Councilmember would be a participant at Planning Commission meetings? Mayor Yates responded the purpose is to provide better communication between the two entities. Councilmember Crotzer asked if issues would be discussed between liaisons at a different time other than the meetings? Mayor Yates responded the liaisons could talk right after the meetings. Mayor Yates stated he would be the City Council liaison. • Councilmember Novak also thanked all those who lent a hand during the storm for their efforts. PUBLIC COMMENT Leabah Winter expressed concern with a past "Lighten Up" storyies that was have -been offensive to her. Jo L. Merriman stated the local newspaper should write an article detailing what each City department did during the recent storms. He also stated City Council meetings should be telecast on the community channel. Jim Wood commended everyone for their actions during the storm, City workers gave an all-out effort. He said a couple of houses on Island Street could have been saved from flooding if sandbags had been available. He recommended in the future, perhaps sandbags could be placed at each end of town for accessibility. Suedene Nelson received a call from Morro Bay High School students and teachers asking if they could help after school and on Saturday with whatever needs to be done to recover from the storms. She provided the City Administrator with a contact phone number. • Mayor Yates stated a discussion regarding sandbags was underway when the latest storm hit; and sandbags will be provided at different locations throughout the City. He referred to Mr. Merriman's comments stating three newspapers are represented at MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 13, 1995 PAGE 4 • tonight's meeting and heard what Mr. Merriman had to say; and also Council coverage on television would have to be paid for by the taxpayers. Mayor Yates referred to Ms. Winter's concern regarding "Lighten Up" stating jokes are not screened beforehand, however, people are asked to be tasteful. Lynda Merrill mentioned the Salvation Army assistance during the flood, and stated Norm Bula and Bob DeSomers of Salvation Army helped at the Community Center. Bill Raflowski stated he recently read that $350,000 was to be spent on a parking lot renovation. He recommended having volunteers provide labor in order to save money; he said he would be willing to paint white stripes and move potted plants. Roger Ewing stated people who have completed volunteer terms for City boards have been honored with certificates of recognition in the past; he would like to see that tradition continued. He also noted there are signs pointing to the Embarcadero, the Rock, and the Chamber of Commerce at the entrances to the City, but none toward downtown, which are needed. Mayor Yates responded to Mr. Raflowski's statement stating the discussion on parking lot renovations has been put on the back • burner until budget time, and noted the cost of the parking lot will be studied further at that time. In response to Mr. Ewing, Mayor Yates stated certificates will be issued at the next Council meeting. Mayor Yates also stated staff will look into signs directing people to downtown. John Nowell addressed the letter sent to Planning and Building Director, Don Funk, by Coastal Commissioner Dave Loomis regarding the removal of major vegetation which states the Coastal Commission is clear on the definition of major vegetation. Linda Donnelly stated the proposed bridge from the Embarcadero to Atascadero Road was desperately needed during the storm. She said it is important that this issue be revisited. Jane Bailey asked if PG&E has granted the City exit privileges through their property in case of emergency? Mayor Yates asked Randy Livingston of PG&E if emergency access would be possible? Mr. Livingston responded in the affirmative. Mayor Yates addressed Mr. Nowell's comments stating the number of trees is still an issue and the Planning Commission has the matter under advisement. He noted the removal of four trees is the current number requiring review, which is what the Nowells' requested. • Mayor Yates closed the hearing to public comment. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 13, 1995 PAGE 5 • Councilmember Crotzer stated he would like to agendize the discussion of the Coastal Commission letter dated March 2, 1995 regarding the definition of major vegetation and the removal of trees to tonight's agenda with a four -fifths majority. MOTION: Councilmember Crotzer requested Council add the consideration of the definition of major vegetation and the removal of trees to tonight's agenda by 4/5 vote. The motion died for lack of a second. City Attorney David Hunt stated the issue regarding a 4/5 majority is required if an issue comes up after the posting of the agenda and must be addressed before the next available meeting. The Coastal Commission letter was dated March 2, 1995 and this meeting is taking place on March 13, 1995; the agenda would have been published on March 8, 1995. Technically, this does not fit the 4/5 majority requirements under the Brown Act. Councilmember Crotzer stated he understood Council had given direction to staff to prepare changes to the ordinance and bring it back to Council for approval. He said people have been told by the Planning Department that permits are presently not required to cut trees. • Mr. Funk responded the Coastal Commission letter states a discretion or argument as to whether one to five trees could be constituted as major vegetation, and suggested what should be used in the interim. Mayor Yates asked Mr. Funk if four trees or less could be cut down without a permit? Mr. Funk responded that was the direction staff had been given at the Council meeting in January, and explained there was nothing official in writing and staff would use Council's position until otherwise directed. Mayor Yates asked if the City was acting appropriately with regard to the Coastal Commission, as long as the City is making a good faith effort with the Planning Commission to draft a new ordinance? Mr. Hunt stated while the Coastal Commission has direct jurisdiction over some aspects and appeals over the City, it does not have the power to dictate the City's Local Coastal Plan. In his opinion, directions of Council are consistent with the LCP. Mr. Hunt stated the City should heed Mr. Loomis' warning and consider major vegetation very carefully; go through it with a fine tooth comb to assure accuracy. He said no action is legally required now. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 13, 1995 PAGE 6 • DECLARATION OF FUTURE AGENDA ITEMS Councilmember Crotzer requested the tree issue be agendized as a future agenda item. Mayor Yates requested discussion on the newsletter be agendized; funds need to be found for it during budget time. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 14, 1995; AND THE SPECIAL CITY COUNCIL MEETING OF FEBRUARY 22, 1995 Mr. Howell recommended Council approve the minutes as submitted. A-2 STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES RESOLUTION APPROVING APPLICANTS' AGENT FOR FLOOD EMERGENCY COST REIMBURSEMENT • Mr. Howell recommended Council consider the report and direct the Mayor and City Clerk to sign the Designation of Applicant's Agent Resolution. A-3 RESOLUTION NO. 19-95 APPROVING A LEASE AGREEMENT TO ESTABLISH INTERIM PUBLIC PARKING LOT AT 560 EMBARCADERO Mr. Howell recommended Council approve Resolution No. 19-95 authorizing a lease agreement and construction of an interim public parking lot at 590 Embarcadero with parking in -lieu fees. A-4 RESOLUTION NO. 28-95 APPROVING SUBLEASE AGREEMENT ON LEASE SITE 68/68W Mr. Howell recommended Council approve Resolution No. 28-95 authorizing a sublease agreement between the Held Family Trust and Deborah and Roy Jensen for operation of a retail gift shop. A-5 RESOLUTION NO. 30-95 IN SUPPORT OF SENATE BILL 1X Mr. Howell recommended Council approve Resolution No. 30-95 in support of SB 1X which waives the local government's match requirement for securing federal disaster relief funds. A-6 RESOLUTION NO. 31-95 IN SUPPORT OF ASSEMBLY BILL 7X • Mr. Howell recommended Council approve Resolution No. 31-95 in support of AB 7X submitted as part of the Emergency Session of the State Assembly in order to replace the Twin Bridges between Morro Bay and Los Osos. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 13, 1995 PAGE 7 • A-7 STATUS REPORT ON COMPUTER SYSTEM Mr. Howell recommended Council receive this report for information. A-8 RESOLUTION NO. 25-95 APPROVING 1995 WEED ABATEMENT PROGRAM Mr. Howell recommended Council approve Resolution No. 25-95 approving the 1995 Weed Abatement Program. A-9 PROCLAMATION DECLARING MARCH 13-19, 1995 AS "CAMP FIRE BIRTHDAY WEEK" Mr. Howell recommended Council adopt the proclamation declaring March 13-19, 1995 as Camp Fire Birthday Week. Councilmember Crotzer pulled Item A-1 (Minutes of the February 22, 1995 City Council meeting) from the Consent Calendar. MOTION: Councilmember Crotzer moved Council approve the Consent Calendar with the exception of Item A-1. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) • A-1 MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 14, 1995; AND THE SPECIAL CITY COUNCIL MEETING OF FEBRUARY 22, 1995 Councilmember Crotzer made a correction to the minutes of February 22, 1995; page four, regarding his statement of the third vertical access at the Cloister's property. MOTION: Councilmember Crotzer moved Council approve Item A-1 of the Consent Calendar, (minutes for the regular meeting of February 14, 1995; and the special meeting of February 22, 1995) as amended. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 RESOLUTION NO. 27-95 ADOPTING TREE FUND POLICY Public Works Director Bill Boucher reviewed the intent of the Tree Fund Policy stating it is to establish a means through which private donations are collected and used for the purpose of planting trees in the community. He recommended Council establish a policy limiting the use of Tree Fund monies by adoption of Resolution No. 27-95. MOTION: Councilmember Anderson moved Council adopt Resolution No. • 27-95 establishing a Tree Fund and policy for implementation. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 13, 1995 PAGE 8 • B-2 CONSIDERATION OF TWIN BRIDGES AGREEMENT WITH SAN LUIS OBISPO COUNTY City Engineer Steve Sylvester reviewed the meeting process with the County and the project schedule regarding the Twin Bridges Replacement Project. He reported more progress has been made in the past thirty days than has been made in the last seven years on this project. Mr. Sylvester stated in spite of the fact that there is still no approved joint powers agreement with the County, their staff is acting in a manner consistent with an agreement. He said the City has somewhat free rein of the project in organizing it and moving it forward. Mr. Sylvester stated a NEPA 404 integration meeting was recently held and a project schedule has been developed after canvassing agencies involved in the approval process. He said the purpose of the meeting was to gather all affected agencies and come to a concurrence on alternative selected sites, which has been undergoing scrutiny since 1988. Mr. Sylvester stated consensus was reached that appropriate alternatives have been reviewed and the draft EIR will be pursued. Mayor Yates asked if the road level would be raised higher than previously planned? Mr. Sylvester responded the road level would be raised significantly. Mr. Funk stated Council has committed to raising the roadway to resist a 50-year flood event; this latest flood was in the 100- year-plus magnitude. He said new flood elevations were found near the Quintana Road intersection, considerably above anything recorded in the past, and noted the design is intended to resist the 50-year flood intensity. Mr. Sylvester concurred with Mr. Funk's assessment of the storm, and stated other projects are underway, including siltation of the Chorro Flats area and the related enhancement project. He said all of these things must be factored into the design of the bridge and South Bay Boulevard. Councilmember Anderson asked if larger and wider spans would have prevented backup on the east side of the bridges and roadway? He said water levels would not have reached the height they did if the roadway level had been higher. Mr. Sylvester responded higher spans would result in less sedimentation and potentially less water. He noted sedimentation studies will be included in the EIR. Mr. Anderson asked where the roadbed will be located in comparison to where the water level was during the last storm? 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 13, 1995 PAGE 9 • Mr. Sylvester responded the roadbed will be four to five feet higher than the existing deck of the bridges; preliminary calculations show elevations of South Bay Boulevard to be one to four feet for a 50-year storm. Councilmember Unger stated Supervisor Laurent presented a list of the reviewing agencies over the past 10 years. She asked if the same agencies will have to review the project again? Mr. Sylvester responded affirmatively; these agencies have completed review of the 1987/1988 EIR, and the addendum to that EIR will have to be reviewed. Councilmember Unger asked if the EIR will make a recommendation on location of the bridge? Mr. Sylvester responded the EIR will probably have a preliminary recommendation; it is quite possible that will be the existing alignment alternative with upstream re -location. Councilmember Crotzer asked if there are current plans to deepen the existing channel? He said in the wetlands, stream flow dispersion is being looked at to increase sedimentation in Domenghini Flats. He asked if the damming effect of the bridges would be remedied? • Mr. Sylvester responded the environmental documentation does not identify removal of existing siltation at the present bridge location. He said it is identified that the area will have 100% impact because of the removal of the existing bridges when final bridge and hydraulics design is determined. Mr. Sylvester noted it is necessary to understand that changes are limited to the area of construction, and downstream gradients must be maintained, which will dictate elevation of flow at the bridge. Councilmember Crotzer stated there will be direct impact to the City financially if the road height is increased. He said building the new bridges at the site of the present bridges would present the least ecological impact, but there will be more impact on traffic. Councilmember Unger stated according to the EIR/EIS, less environmental impact would result if the bridges were built upstream from their current location. Mr. Hunt reviewed the most recent communications between Hunt & Associates and County Counsel. He noted there are two new areas in the agreement, which are based on County changes; one change is the City will own the rights of way, and the other has to do with percentages of funding. Mr. Hunt stated FHWA funds will not fund bridge approaches of more than 200 feet on each side; instead of • 80%, the new percentages are 66% to 76%, which refer to the entire project. He said anything outside of FHWA is funded entirely by local share. �J MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 13, 1995 PAGE 10 Mr. Hunt stated the most controversial topic of the agreement is the concept of co -lead agency. He said the County has taken the position that it must be a lead agency because it is a proponent; the City has taken the position the County is not. Mr. Hunt stated the disagreement could go on forever, but the City desires a signed agreement and wants to build the bridge. He recommended co -lead agency status be considered and requested direction from Council. Mr. Hunt stated the total cost went up, but this agreement includes parts that are not funded by FHWA; and the project as a whole contains an increment which will not be funded by FHWA. He noted the parties have agreed to share everything that is not funded by FHWA equally. Mr. Hunt added as the project size is expanded, the local share amount increases. Mayor Yates stated the federal County and City would pay 20% Project. He said the South Bay been added to the bridge project, cost of the improvement project; changed. government will pay 80% and the of the Twin Bridges Replacement Boulevard Improvement Project has and local agencies pay the entire therefore, the percentages have Mr. Sylvester clarified the percentages stating if the project • consists of a bridge of some span and approaches that were exactly 200 feet long, the local share would be 20% and FHWA would pay 80%; however, the approaches are longer than 200 feet, and that is paid by local share. He said as the bridge length increases, the approaches decrease and thus the percentages change to reflect the lesser cost. Councilmember Crotzer assumed the South Bay Boulevard improvements on the Morro Bay side were solely the City's responsibility. He thought Council made that direction unilaterally without County participation, and committed Proposition 116 funds. He asked if the County is sharing 50% of this project as well? Mr. Hunt responded the County stated it would share equally in the entire project, and that is why the second draft of the agreement was written the way it is, including a description of all the approaches. Mr. Hunt requested Council's conceptual approval of the revised agreement dated March 8, 1995, and also asked if co -lead agency would be acceptable to Council. He said essentially, that would be accepting the County's revisions, along with an added project description. MOTION: Councilmember Unger moved Council conceptually accept the agreement dated March 8, 1995; directed staff to transmit • this information to the County; and, if there are no substantive changes, authorize the Mayor to sign the agreement. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 13, 1995 PAGE 11 B-3 CONSIDERATION OF ADVISORY BOARD APPOINTMENTS This item was continued to the March 27, 1995 City Council meeting. Mayor Yates called for a break at 8:00 p.m.; the meeting resumed at 8:15 p.m. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 CONTINUED PUBLIC HEARING ON WATERFRONT SPECIFIC PLAN City Administrator Dave Howell introduced the Draft Waterfront Plan, including height and view issues and the addition of the haul -out facility. Mayor Yates stated the conflict surrounds the issue of 17 feet versus 25 feet; a canyon effect could result from 17-foot buildings built from lot line to lot line, and view corridors would be increased if the height limit was increased to 25 feet. Councilmember Anderson stepped down on the discussion of height limitations due to conflict of interest. • Mr. Funk presented graphics and stated buildings should not be boxes and view corridors should be encouraged. He said two-story buildings should require bigger view corridors. Mr. Funk stated economically, owners want to use as much space as possible, which allows 8-foot view corridors. He said the idea of 25-foot buildings is to allow two stories, and even that height is minimal; he noted most of the older two-story buildings exceed 25 feet. Mr. Funk stated if buildings are kept far enough apart, bluff top owners will have better views of fishing boats and waterfront activities. Councilmember Novak stated Council needs to reach a compromise where everybody wins. She said bluff -top property owners need to have their views;,and waterfront property owners need to be able to build economically viable buildings. Councilmember Novak stated she leans toward accepting recommendations from the Planning Commission to protect views and allow 25-foot development. She noted elevators are involved in two-story buildings, which would require variances and could be included in Section 17 of the zoning ordinance. Councilmember Novak stated second -floor setbacks of 15 feet are too much; 10 feet would be more reasonable. She said an area north of the PG&E lot and Great American Fish Company would be the site of the rebuilding of the fish processing facility, which would require an exception to a 30-foot height limit; and she noted docks will always be open as view corridors. Councilmember Unger asked if revised height limits would encompass • existing businesses, which then could add second stories? MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 13, 1995 PAGE 12 • Mr. Funk responded affirmatively; and noted it would also affect buildings over the height limit, as they would become non- conforming structures. Councilmember Unger asked if the fish processing plant and the new Harbor Office would have to comply as well? Mr. Funk responded there is special zoning criteria north and west of the PG&E intake area; the area south of Beach Street is a waterfront zone, allowing restaurants, commercial fishing and tourist -related businesses. He said a special height limitation could be applied to the fish processing plant, and the City could justify a taller height limit for the Harbor Office in the interests of safety. Councilmember Crotzer stated the fish processing plant should have a stipulation allowing it to exceed height limitations; like the Coast Guard building and Harbor Office. Mr. Funk stated the proposed haul -out facility will depend on cooperation with PG&E regarding land the plant does not use; the S- curve on Coleman Drive will need to be straightened in order to provide space. He said the facility will be able to service 100- foot boats, which cannot be done now. • Councilmember Crotzer asked if the work area would be on the west or east side? Mr. Funk responded the area would be on the east side because larger boats will require more space than is available on the bay side and there will be toxic materials and visibility concerns. Mr. Funk stated the Coastal Commission requires an update of the Harbor Development Plan referred to in the Local Coastal Plan; it has not been updated since 1971. He said discussions should continue on the Waterfront Plan with incorporation of the Harbor Development Plan, and it should be called the Waterfront and Harbor Development Plan. Councilmember Novak stated the plan calls for elimination of the north end of the sandspit and moving the channel to accommodate a 400-slip marina. She said the idea of a raised Embarcadero with parking underneath is an interesting concept. Maintaining historical points in the clan and maintaining protection #s--a eeAeern-te-the-oee3an of commercial and sportfishing industries is important. Mayor Yates opened the hearing to public comment. Jo L. Merriman expressed disgust for most of the Waterfront Plan, especially taller building heights; he favors a bridge across Morro . Creek and straightening Coleman Drive. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 13, 1995 PAGE 13 • Ann Freeman stated she is excited about the haul -out facility; the City has needed one for a long time and it will have a positive economic impact. She said Council should consider placing the proposed second boat launch in the same area as the haul -out facility. Jim Wood expressed excitement about the haul -out facility stating it will provide jobs for people with special talents and bring boat owners to the area to have repairs made. Dan Dorn requested Council maintain the 17-foot height limit on the east side and expanded to the west side of the Embarcadero in the area south of Beach Street to the existing launch ramp. Mr. Dorn submitted a petition with 1,000 signatures requesting the 17-foot height limit be maintained. Bill Raflowski expressed opposition to the re-routing of Coleman Drive and the Target Rock launch ramp which will create environmental degradation. He said the haul -out facility is a good idea. Bob Luellen, president of the Motel -Restaurant Association, expressed opposition to raising the 17-foot height limit. He said the City cannot support itself without tourist dollars and the • resulting sales taxes which will decrease if views are lost. Mr. Luellen stated bluff -top property owners have paid a lot of money for their views. Jean Hartzell, Blue Sail Inn, stated tourists do not like the new look of the Embarcadero and feel it is getting more like a big city. Jane Bailey stated the haul -out facility is a good idea, but opposes second launch ramp and Morro Creek bridge. She said the area north of PG&E should be left in its natural state. Nina Litvinoff expressed opposition to proposed increased height limits; a second launch ramp to accommodate tourists is not necessary. Jack Hansen, commercial fisherman, stated people want to retain the fishing village image of Morro Bay and fishermen are part of that image. He said people who speak in opposition to the Target Rock launch ramp are not considering the local commercial fishermen. Mr. Hansen added re -alignment of Coleman Drive will be a great benefit. Ralph Gunther stated he has no problem with increased height limits for leaseholders on the west side of the Embarcadero; however, east side property owners are the best judge of what is • economically feasible for them. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 13, 1995 PAGE 14 • Dick Sylvester spoke in favor of the haul -out facility. He noted when the Harbor Development Plans were drawn up in 1971, Morro Bay had a booming fishing business; there were no facilities, just moorings, and areas to tie-up were much desired. Nancy Severson opposed the Target Rock launch ramp; the issue is whether Morro Bay will be a nature resort or a commercial resort, and the solution should be a compromise. Ric Deschler stated there is a canyon effect now and if the height limit is increased there will be a cliff effect with a ragged edge; if the footprint is reduced, encroachment will result. He urged Council to think about the exceptions that will occur if height is increased. Nelson Sullivan stated this issue is one of aesthetics versus economic interests, and the decision should be left to the citizens of Morro Bay. Harry Rogers stated people like to watch events that are happening on the waterfront; another boat launch ramp would be another entertaining thing for people to watch. He said it is time to be bold and progressive instead of looking for reasons not to do things. Mr. Rogers added straightening Coleman Drive and changing • traffic circulation is a good idea. Mayor Yates closed the hearing to public comment. Mayor Yates asked Mark Allen, member of the Waterfront Master Plan Committee, if the height recommendations included in the plan are the same as those recommended by the Planning Commission? Mr. Allen responded based on view analyses that were conducted, and after several public hearings, the committee came to the conclusion the 17-foot height limit does not work because corner lots would have to guarantee the viewshed. He said 30-foot buildings with setbacks would assure views. Mr. Funk stated there were at least 15 public hearings on the Waterfront Master Plan before the plan was presented to Council. Councilmember Unger asked Mr. Funk about the requirement for an elevator at the 25-foot height limit. Mr. Funk responded new requirements state elevators are necessary in any two-story building. He said additional height is needed to contain the motors and pulleys. Mr. Funk noted stipulations will have to be contained in the zoning ordinance that limit the size and therefore the type of elevator. • Councilmember Unger stated she is concerned with allowing heights to reach 25 or 30 feet; and would like to maintain the 17-foot height limit. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 13, 1995 PAGE 15 • Councilmember Novak stated maintaining the 17-foot height limit forces people to build lot line to lot line and encourages the canyon effect; to avoid that effect, it is suggested there be variances so buildings can be taller and coastal access and view corridors may be enhanced. She added the Planning Commission has addressed these issues with a formula for opening up areas and providing spaces like sidewalks and setbacks. Councilmember Crotzer stated the canyon effect along the Embarcadero must be avoided, and noted reduced footprints and 45- degree angled rooftops will provide view access. He added waterfront businesses realize the value of protecting the views. Councilmember Crotzer stated a great number of public meetings have resulted in the evolution of the idea that viable economic development can occur with less height and more public access. Mayor Yates expressed concern with the loss of view for the businesses along the bluff as well as those from below. He said the concepts provided by the previous Planning Commission are a fair compromise. Mayor Yates noted changes on the waterfront have resulted in 98% positive responses from visitors and residents alike. Councilmember Unger stated this plan prohibits any requirement for • the same height, the same architecture and the same type of facade. She said every two-story building will be required to make an exception to accommodate an elevator. Councilmember Unger stated the result will be an automated waterfront full of elevators. MOTION: Councilmember Crotzer moved Council adopt the design handbook guidelines as proposed including the 25-foot height limit. The motion was seconded by Mayor Yates. Councilmember Novak asked if consideration of an exception for the fish processing facility area and the PG&E line to go up to 30 feet was possible at this time? Councilmember Crotzer expressed concern that would open the area up for more than the fishing industry and the harbor. He agrees with Councilmember Novak in the idea of allowing the fishing industry to go to 30 feet, but not to be geographically specific because some other use may find a way to take advantage of this exception. Councilmember Novak requested the language state "commercial fishing" and not "fish processing." Councilmember Crotzer amended his motion to include #+sh- re}eked--§tfelnst�es--commercial fishing will have the exception of going to a maximum of 30 feet. Mayor Yates accepted the amendment to his second. The motion carried • with Councilmember Anderson abstaining and Councilmember Unger voting no. (3-1) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 13, 1995 PAGE 16 • MOTION: Mayor Yates moved Council include the schematic for the haul -out facility within the Harbor Development Plan. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) MOTION: Mayor Yates moved Council continue this item to the City Council meeting of April 10, 1995. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Mayor Yates called for a break at 10:10 p.m.; the meeting resumed at 10:20 p.m. D-2 REVIEW OF PROPOSED CHANGES TO SUBDIVISION RESTRICTIONS Mr. Funk stated adopting the Water Management Plan established implementation measures to provide sustainable water sources which require policy changes related to the approval of new subdivisions and other water allocation policies. He requested Council direction regarding restrictions on new subdivisions and on water allocation policies, and also asked for direction in order to bring back a resolution to rescind 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 Crotzer asked if there is a contrast between smaller projects which can get water through retrofit, and projects which do not have the characteristics of infill, and have utilities supplied to the property line? Mr. Funk responded Resolution No. 94-93 does not apply to a subdivision such as Cloisters, which has a stipulation requiring them to prove there is adequate water in the City. He said a subdivision can not simply use retrofit water and go to the Coastal Commission stating there is adequate water in the City. Mr. Funk noted condominium projects are on the same scale as apartment buildings and can use retrofit water; the distinction is that they are subdivided and sold, unlike apartments. Councilmember Unger stated Resolution No. 94-93 denies new subdivisions which have inadequate existing water equivalencies, yet Cloisters and•the North Point subdivisions were both approved. She said this report mentions new sources of water and assurances of future water sources, but there are no assurances. Councilmember Unger noted reclamation is mentioned in the report; however, the City has never done anything about that. Councilmember Unger asked what alternatives are there to obtain required equivalency units? MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 13, 1995 PAGE 17 • Mr. Funk responded at the present time, the customer retrofits and pays fees to the City; and at some point, the customer will pay for state water and desalinated water in a package deal instead of going through the retrofit program. Mayor Yates opened the hearing to public comment. Steve Pascal stated the ordinance is not fair with regard to apartment versus condominium. Harry Rogers stated the retrofit program is blackmail and should be eliminated. He said a simple solution should be found to give all citizens a fair shake. John Barta stated the City is caught in a knot of rules and regulations which was caused by difficult water times in the past. He said the simple reality is the desal plant will be operational and state water is coming. Mr. Barta added the fair share of water costs should be determined by the water rate structure; everyone will benefit from these water sources and every rate payer should share the burden equally. Dale Reddell agreed this issue should be handled fairly. He said existing lot owners did not cause today's problems regarding lack of water. He stated lot owners should not be penalized for future • homes and commercial buildings. Nelson Sullivan stated those on a limited budget will soon be paying $100 instead of $20 per month for water; they should not have to support the developers. Mayor Yates closed the hearing to public comment. Councilmember Crotzer stated he supports the small condominium projects. He said logic states people who already live here should pay for water for new development, which is abhorrent to him. Councilmember Crotzer stated it is premature to bring this issue up now; new water must be in place before new subdivisions are built. Councilmember Novak stated she has concerns with not allowing the smaller scale projects to build by not rescinding Resolution No. 94-93. Councilmember Unger stated she has always despised the retrofit program because it was never equal for all people. Councilmember Anderson stated the City has a history of water shortage. He said the drought and rain cycles continue and this problem needs to be resolved. Councilmember Anderson added the difference between condominiums and apartments is not clear; the • rules should be the same if the water usage is the same. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 13, 1995 PAGE 18 • Councilmember Crotzer stated the issue is the importation of new water sources to facilitate future growth. He agrees water solutions such as small stream diversions, Nacimiento, and Whale Rock all make sense. Councilmember Crotzer added growth of Morro Bay is predetermined, and people who own lots certainly have the right to build on them. He noted infill should be encouraged. Mr. Hunt addressed Councilmember Anderson's question regarding the difference between a condominium and an apartment, stating the legal distinction is that a condominium project is a subdivision, which is the crux of the problem. He said the Local Coastal Plan deals with land not 'previously subdivided, which shall not receive water. Mr. Hunt stated an apartment is not a subdivision because it is under the same ownership; a condominium project is a subdivision and falls into the legal realities of definition for subdivision. Mr. Hunt reviewed proposed Resolution No. 33-95 which rescinds City Council Resolution No. 94-93 regarding subdivisions due to changed circumstances. MOTION: Mayor Yates moved Council approve Resolution No. 33-95 rescinding City Council Resolution No. 94-93 as read by the City Attorney. • Public Works Director Bill Boucher requested a minor correction stating the desalination plant has a notice of intent to issue the permit, and an agreement will have to be reached with PG&E before the permit can be issued which is an administrative task, not a regulatory task. Mr. Hunt suggested an amendment to Resolution No. 33-95 to state the desalination plant is now conditionally permitted, subject to the City obtaining an agreement with PG&E for providing a source of routine water. Mayor Yates accepted the amendment to his motion. The motion was seconded by Councilmember Anderson. Councilmember Crotzer stated this is a much more extreme position than just helping people complete their small projects. He said Council is jumping forward in an extreme fashion that is not good for the people who now live in Morro Bay. The motion to adopt Resolution No. 33-95 as amended carried with Councilmember Crotzer voting no. (4-1) MOTION: Mayor Yates moved Council instruct staff to begin amendments of Coastal Permit No. 4-81-309 to allow alternatives to obtaining required water equivalency • units other than the retrofit program. The motion was seconded by Councilmember Novak and carried with Councilmembers Crotzer and Unger voting no. (3-2) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 13, 1995 PAGE 19 • MOTION: Mayor Yates moved Council authorize' staff to begin revisions of the General Plan and Local Coastal Plan for making amendments to carry out the two previous motions. The motion was seconded by Councilmember Anderson and carried with Councilmembers Crotzer and Unger voting no. (3-2) MOTION: Mayor Yates moved Council continue past the appointed adjournment hour to review Items C-2 and C-4. The motion was seconded by Councilmember Unger and carried with Councilmember Crotzer voting no. (4-1) C. NEW BUSINESS C-1 REVIEW OF POLICY FOR COUNCIL/COMMISSION/ADVISORY BOARD/STAFF RELATIONS This item was continued to the March 27, 1995 City Council meeting. C-2 RESOLUTION NO. 26-95 ADOPTING ALTERNATIVE RETIREMENT SYSTEM FOR CERTAIN CITY EMPLOYEES Finance Director Jim Koser reviewed the qualifying retirement system and stated the City will save an estimated $13,000 per year and employees will benefit as well. He recommended Council approve • Resolution No. 26-95 adopting a qualifying retirement system for certain employees. Councilmember Crotzer asked if full-time City employees have a retirement fund? Mr. Koser responded full-time employees are members of the California Public Employees Retirement System. Councilmember Crotzer stated this resolution appears to take away a large percentage of retirement benefits for part-time employees, and accumulation of retirement funds will not accrue to part-time employees. Mr. Koser responded this is true if part-time employees were enrolled in the PERS program; however, the 6.2% contribution that both the City and employees make is to the Social Security system. Councilmember Crotzer stated full-time employees' retirement funds is augmented by an approximately equal amount of money from the City. He said this resolution will prevent part-time employees from receiving matching funds from the City. Mr. Koser stated the City's contribution would be 1-1/2% instead of 6.2% under Social Security. Councilmember Crotzer stated this proposal is grossly unfair to the • people with the least ability to contribute to their own security. He said people with full-time, good -paying jobs are matched dollar for dollar toward their retirement. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 13, 1995 PAGE 20 Mr. Koser stated the full-time public employees retirement system requires both City and employee contribution; the employee contribution is 7% and will increase to 11% on July 1, the City's contribution is about 5-1/2%. Councilmember Unger asked Mr. Koser if the 1.5% can be increased in the resolution? Mr. Koser responded it could be raised; law requires the minimum combined contribution be 7-1/2% Councilmember Unger stated the City's share could be increased to 2-1/2%, and the employee's contribution could be reduced. She said part-time employees are vested, which means they get every single penny the City puts into the fund. Mayor Yates stated a part-time employee who pays into Social Security never sees that money again; whereas, a vested part-time employee with the City will receive the money back and will not affect Social Security down the line. City Administrator Dave Howell stated after five years, a vested employee can collect his contribution, not the City's and the City's contribution stays in the system. Mr. Koser stated the employee will get everything he contributes through payroll deduction along with interest or investment • earnings that accrued. He said in order to qualify for Social Security under current legislation, people have to earn 40 credits, equivalent to 10 years employment; it is referred to as a defined benefit plan, rather than a defined contribution. MOTION: Mayor Yates moved Council adopt Resolution No. 26-95. The motion was seconded by Councilmember Anderson. Councilmember Anderson stated part-time employees will not benefit as greatly with Social Security as they will if they receive a refund from the contribution of the proposed plan. Councilmember Crotzer stated he would feel more comfortable if he knew part-time employees were advocates for this plan. The motion carried with Councilmember Crotzer voting no. (4- 1) C-3 REVIEW OF COUNCIL POLICY ON TROLLEY SPONSORS This item was continued to the March 27, 1995 City Council meeting. C-4 CONSIDERATION OF CITY HALL RELOCATION City Administrator Dave Howell reviewed the temporary relocation of City Hall which will create one -stop shop until a civic center can be built to house all City departments. He noted a commercial building is available that will house the entire City Hall, combined with Public Works and the Planning Department, thus MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 13, 1995 PAGE 21 facilitating one -stop shopping and streamlining. Mr. Howell stated preliminary discussion with Post Office management indicates a desire to rent the current property, but more importantly they would like to become a partner in the future civic center. He said economically, the idea makes a lot of sense; the downside is that City Hall will be slightly removed from the downtown area for a short period of time. Mr. Howell requested Council approve a five- year lease with the property manager of the commercial building, noting lease rates have been reduced substantially. Councilmember Unger asked about parking. Mr. Howell responded parking is marginally adequate with 58 spaces. The City owns property around the corner which could be utilized for employee parking if necessary. Mr. Howell stated perhaps drop boxes could be provided in one or two locations in the City for people to pay their bills. MOTION: Councilmember Unger moved Council authorize the City Administrator to negotiate favorable terms to relocate City offices for an interim period. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) F. ADJOURNMENT • The meeting adjourned at 11:47 p.m. Recorded by: Bridgett Bauer City Clerk • a • MINUTES - MORRO BAY CITY COUNCIL SPECIAL EMERGENCY MEETING - MARCH 10, 1995 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m. ROLL CALL PRESENT: William Yates Rodger Anderson Cathy Novak Ahnawake Unger ABSENT: Colby Crotzer Mayor Councilmember (via telephone) Councilmember Councilmember Councilmember STAFF: Dave Howell City Administrator Don Funk Planning & Building Director Jim Koser Finance Director City Administrator Dave Howell updated Council on the damage to the City caused by flooding from today's storm. Planning and Building Director Don Funk read Resolution No. 32-95 declaring the existence of a second local emergency in 1995. MOTION: Councilmember Novak moved Council approve Resolution No. 32-95. The motion was seconded by Councilmember Anderson and unanimously carried. (4-0) Mr. Funk distributed "Declaration of Local Emergency" to Council. ADJOURNMENT The meeting adjourned at 7:15 p.m. Recorded by: Dav�.owe City Administrator 1 r, u City of Morro Bay 'r City Council Agenda Mission Statement The City of Mono Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - FEBRUARY 27, 1995; 5:15 P.M. CLOSED SESSION - FEBRUARY 27, 1995 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(a), CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION ♦ In the matter of the Jim and Margie George Bankruptcy, United States Bankruptcy Court in the Central District of California, Case No. 94- 12409 RR E-2 GOVERNMENT CODE SECTION 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 as to three parcels. PUBLIC SESSION - FEBRUARY 27, 1995 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. *1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF JANUARY 23, 1995 AND THE SPECIAL MEETING OF JANUARY 18, 1995 1 0-2 STATEMENT OF CASH AND INVESTMENTS - JANUARY 1995 A-3 EXPENDITURE REPORT - JANUARY 1995 A-4 RESOLUTION NO. 22-95 APPROVING PURCHASE OF ONE PARA-TRANSIT VEHICLE A-5 STATUS REPORT ON BUILDING ACTIVITY IN 1994 A-6 RESIGNATION OF RECREATION & PARKS COMMISSIONER (ROBERT); AND APPOINTMENT OF REPLACEMENT B. UNFINISHED BUSINESS B-1 CONSIDERATION OF ALTERNATIVE FINANCING SOURCES FOR WATERFRONT PARKING LOT IMPROVEMENTS B-2 DISCUSSION ON SETTING CITY PRIORITIES BASED ON TOWN HALL REPORT C. NEW BUSINESS C-1 PRESENTATION ON COUNTY -WIDE COMMUNITY ACCESS PLANNING CONSORTIUM C-2 RESOLUTION NO. 24-95 IN SUPPORT OF GANGS -OUT ORGANIZATION 3 CONSIDERATION OF TWIN BRIDGES AGREEMENT RATIFICATION PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 REVIEW OF PROPOSED CHANGES TO SUBDIVISION RESTRICTIONS - PULLED FROM THE AGENDA D-2 RESOLUTION NO. 23-95 APPROVING THE DEFINITION OF "INFILL" D-3 CONSIDERATION OF PARKING MANAGEMENT PLAN (RECOMMENDED TO BE CONTINUED TO MARCH 27, 1995) 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. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. • • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - FEBRUARY 27, 1995 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: ABSENT: STAFF: CLOSED SESSION William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger None Dave Howell Phillip Sinco Mayor Councilmember Councilmember Councilmember Councilmember City Administrator Assistant City Attorney MOTION: Councilmember Novak 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 5:50 p.m. MOTION: Councilmember Anderson 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 - FEBRUARY 27, 1995 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 Rodger Anderson Councilmember Colby Crotzer Councilmember Cathy Novak Councilmember Ahnawake Unger Councilmember ABSENT: None 1 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 27, 1995 PAGE 2 • STAFF: Dave Howell Phillip Sinco Bridgett Bauer Don Funk Jeff Jones Jim Koser Joe Loven Andrea Lueker City Administrator Assistant City Attorney City Clerk Community Development Director Fire Chief Finance Director Police Chief Recreation and Parks Director Richard Haskett led the Pledge of Allegiance. LIGHTEN UP Dan Reddell presented the "Lighten Up" this evening MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates announced Suedene Nelson's benefit was a great success. Mayor Yates also announced the passing of past Fire Chief Fred Oakes. PUBLIC COMMENT • Lynda Merrill stated an informational talk on Windy Cove was presented by Bruce Elliott of the Department of Fish and Game on Friday night. She also addressed the need for recreational activities for youth in the area. Mary Phillips submitted a letter from the Department of Public Health to Council regarding water quality. Ed McCracken read a newspaper article on the destruction of the Reservoir Canyon bridge and how quickly it was replaced. He reminded Council that all bridges damaged by earthquakes in the past year have been repaired or replaced. Ed Smith stated there is a gooey, four -inch blob coming out of Albertson's, which almost caused him to fall. He followed the mess to a service machine behind the building and found food coming out through the cracks in the wall which goes down the ramp and into a storm drain. Leabah Winter requested the issue of alternative funding for the waterfront parking lot improvements be heard as a public hearing to allow public input. Ron Hillman stated signage is necessary near the parking lot at the Morro Bay Golf Course to prevent possible accidents to pedestrians. Mayor Yates requested a letter be sent by the Police Chief to State Parks expressing citizen concern. OA MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 27, 1995 PAGE 3 • Councilmember Crotzer suggested to Police Chief Loven that the new radar machine be used on the golf course road for enforcement of speed laws and that an offer to do that could be included in the letter to State Parks. Roger Ewing addressed Council on Item B-1 (Consideration of Alternative Financing Sources for Waterfront Parking Lot Improvements) stating this project will increase parking by 60 to 65 spaces, which will benefit tourists and tourist -related businesses on the Embarcadero; he does not feel it is prudent to put other funding accounts in jeopardy for the sake of accommodating Embarcadero businesses. He said the citizens should not subsidize parking related to the Embarcadero. Ralph Gunther opposed the use of in -lieu parking fees to lease the Shell Shop parking lot and the Front Street parking lot. He said Morro Bay Municipal Code 17.44 specifically states funds shall be used for parking that runs with the land and such parking shall be within a reasonable distance from the contributing project. Mr. Gunther stated these properties do not fall under either purview; the Shell Shop lot will provide 11 parking spaces for six years and does not run with the land, and the waterfront parking lot will cost $350,000 to restripe and provide a concrete pad for a few fishing boats. • James Woods stated two members of the Council may be in violation of the California Fair Political Practices Code by not stepping down regarding the waterfront parking lot due to conflict of interest. Harry Rogers stated parking spaces are extremely expensive, and the $200,000 in the in -lieu fund is not enough for property acquisition and development. He said the fund should be used where it is possible to clean up eyesores and make the town better, which includes more parking. Suedene Nelson thanked everyone for the benefit held in her honor last Saturday night; she said the best part was seeing all those people get together and having a great time. Councilmember Crotzer asked if Mayor Yates would address Ms. Winter's request for a public hearing for alternative funding for the waterfront parking lot. Mayor Yates stated he would be reluctant to have the same people address the same issue again. It seems everyone except Ms. Winter has spoken tonight; however, he would open the hearing to public comment when the issue comes up on the agenda. Mayor Yates closed the hearing to public comment. • DECLARATION OF FUTURE AGENDA ITEMS - None. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 27, 1995 PAGE 4 11 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 JANUARY 23, 1995 AND THE SPECIAL MEETING OF JANUARY 18, 1995 Mr. Howell recommended Council approve the minutes as submitted. A-2 STATEMENT OF CASH AND INVESTMENTS - JANUARY 1995 Mr. Howell recommended Council accept the report for file. A-3 EXPENDITURE REPORT - JANUARY 1995 Mr. Howell recommended Council accept the report for file. A-4 RESOLUTION NO. 22-95 APPROVING PURCHASE OF ONE PARA-TRANSIT VEHICLE Mr. Howell recommended Council approve the purchase of one new paratransit van for Morro Bay Dial -a -Ride and authorize the Mayor • to sign Resolution No. 22-95. A-5 STATUS REPORT ON BUILDING ACTIVITY IN 1994 Mr. Howell recommended Council accept the report for file. A-6 RESIGNATION OF RECREATION & PARKS COMMISSIONER (ROBERT); AND APPOINTMENT OF REPLACEMENT Mr. Howell recommended Council accept the resignation of Karen Robert; and appoint a replacement Commissioner with the term ending January 31, 1996; or direct staff to advertise the position. Councilmember Crotzer pulled Item A-1 from the Consent Calendar; Councilmember Unger pulled item A-6. MOTION: Councilmember Unger moved Council approve the Consent Calendar with the exception of Items A-1 and A-6. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0). A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF JANUARY 23, 1995 AND THE SPECIAL MEETING OF JANUARY 18, 1995 Councilmember Crotzer made an amendment to the minutes of January • 23, 1995, page 16 - paragraph 3, regarding parking in -lieu fees, and changed the word "could" to "should". He also corrected the 4 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 27, 1995 PAGE 5 • last sentence and stated "he said he was under the impression this project was moving forward with the assumption that it would provide parking for those businesses further south on the Embarcadero. MOTION: Councilmember Crotzer moved Council approve the minutes of January 23, 1995 as amended. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) A-6 RESIGNATION OF RECREATION & PARKS COMMISSIONER (ROBERT); AND APPOINTMENT OF REPLACEMENT Councilmember Unger inquired how the replacement would be selected. She said she would like an opportunity to meet Dixon Hafley before making a selection. Staff was advised to reagendize this item as a New Business item on March 13, 1995. Mayor Yates requested Council take the agenda out of order and hear New Business items at this time - Council concurred. C. NEW BUSINESS • C-1 PRESENTATION ON COUNTY -WIDE COMMUNITY ACCESS PLANNING CONSORTIUM Ellen Sturtz, County Franchise Administrator, reviewed the proposed county -wide community access planning consortium. She said the primary focus is on access to Cable TV, including other technologies such as the internet and video-conferencing to satisfy shared communication needs. Ms. Sturtz requested Council instruct staff to help finalize the draft MOU, to make a financial commitment, and to involve a spokesperson from the City in future discussions. Councilmember Unger asked about the estimated time for implementation. Ms. Sturtz responded her goal is to have Falcon Cable give the County three channels one year from now. She said San Luis Obispo has not finalized arrangements with Sonic Cable, but there should be one channel available in the near future. Ms. Sturtz stated pilot projects will be sought within the next 24 months. Councilmember Novak asked if requested funds are one-time only? Ms. Sturtz responded this contribution is for the first six- to eight -month planning session; she cannot guarantee that more funding will not be requested later and hopes matching grants will make that request unnecessary. Ms. Sturtz stated there is • an escape clause included; however, she is positive there will be benefit and value to the community. P L MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 27, 1995 PAGE 6 Councilmember Novak asked about future funding. Ms. Sturtz responded the access channel, which will be provided by Falcon Cable, can be sold commercially and that money can be used to fund PEG access. She said SLOCOG has been very enthusiastic and also informed her about Caltrans funding. Councilmember Crotzer asked if Sonic Cable subscribers will have access to the Falcon channel? Ms. Sturtz responded some juggling will be ongoing as communities renewed contracts and asked for channel capability. She said there is channel space sitting empty on Sonic at this time, and the cable operators realize interconnection is desired by the consortium. Councilmember Novak asked if efforts would be scaled back if support was not received from all entities on the list? Ms. Sturtz responded she believes all communities will contribute; she does not anticipate a major problem, and she will find the money. Mayor Yates asked if Council's support tonight will include support for funding? Ms. Sturtz responded support will mean Council likes the concept, accepts the draft MOU, and instructs staff to work with her to finalize an agreement and bring it back • in the next two to four weeks. Mayor Yates asked when the funding would be necessary? Ms. Sturtz responded that was negotiable, but probably within the first two to four weeks. She said her interest is in commitment to move forward; participation is the key to effort. Councilmember Unger stated she supports the program; however, she does not like to commit to open-ended funding, and staff should be directed to find a ceiling. , Mayor Yates stated the funding of this program will have to go through the budget process. He said that by approving the MOU in concept, Council has approved the monetary figures. MOTION: Mayor Yates moved Council voice support for the project, direct staff to finalize the MOU, and during negotiations, place a ceiling on the City's funding obligation. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) • 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 27, 1995 PAGE 7 • C-2 RESOLUTION NO. 24-95 IN SUPPORT OF GANGS -OUT ORGANIZATION Former Councilmember Ben Luna, one of the original founding board members of Gangs -Out, addressed Council on the organization stating the goal is to eradicate gang activity from San Luis Obispo County through education, support for law enforcement, development of acceptable alternative activities and the establishment of a community -based support group. Linda Donnelly, Morro Bay Chapter Chairperson, stated the Morro Bay Chapter began six months ago. She said an assessment of the group will take place to find the needs of the community. Police Chief Loven expressed support of the Police Department; as well as Recreation and Parks Director Andrea Lueker expressing support from their department. MOTION: Mayor Yates moved Council approve Resolution No. 24-95 endorsing the goals and efforts of Gangs Out. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Mr. Luna invited Council to join the committee in a forum to help educate the public on gang activities. He requested Council read • Resolution No. 24-95 for public awareness; Mayor Yates read the resolution. Mayor Yates called for a break at 7:35 p.m.; the meeting resumed at 7:50 p.m. D. PUBLIC HEARINGS REPORTS & APPEARANCES D-1 REVIEW OF PROPOSED CHANGES TO SUBDIVISION RESTRICTIONS This item was pulled from the agenda. D-2 RESOLUTION NO. 23-95 APPROVING THE DEFINITION OF "INFILL" Planning and Building Director Don Funk reviewed the existing definition of infill and possible options. He recommended Council modify and simplify the definition of infill and approve Resolution No. 23-95 adopting a revision to the definition. Councilmember Crotzer asked if it is possible to impose impact fees on new development if the resource is not there? Mr. Funk responded if a fee is charged, the City is obligated to provide the resource. He said there are parts of the General Plan that require development to pay its share of new costs. Councilmember Unger asked for clarification on "close proximity." • Mr. Funk responded he would define it as within one -quarter mile; the intent is a community should not leap frog outward. 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 27, 1995 PAGE 8 Mayor Yates stated that anything from the boundary line to the ocean is infill and anything outside that line is not. Councilmember Anderson questioned the boundary line drawn outside of the PG&E power lines near Little Morro Creek Road, and said some of the areas within the boundary are not practical for development. Mr. Funk agreed, and said there are regulations on hillsides and hilltops that prevent development in vacant areas. Councilmember Crotzer asked if this resolution facilitates the building of Tri-W, and does it allow Tri-W to step forward and take the limited water resources available and go ahead of other people who have a project? Mr. Funk responded there are water equivalencies allotted for commercial development and for residential development. He said if one project used all the available water for commercial projects in a given year, than other commercial development would be precluded; however, there are priorities as far as which project will be built. He said a shopping center does not have priority as high as a visitor - serving motel; a fish processing plant has higher priority than either of those two because it is dependent on proximity to the ocean. . Mayor Yates asked if Tri-W qualified as infill? Mr. Funk responded the Coastal Commission determined at one time Tri-W was not infill, but approved the project anyway. He said the City has not made a specific, formal determination. Mayor Yates opened the hearing to public comment. Nelson Sullivan stated Council was inappropriately premature on this issue. He said Measure F states the definition of infill can be reconsidered upon the adoption and implementation of the Water Management Plan, which has not yet been implemented. Mr. Sullivan stated Council is violating Measure F by reconsidering the definition of infill. Roger Ewing stated this issue is to accommodate Tri-W because it is the only project that would be immediately affected. He said the Coastal Commission denied Tri-W the right to infill. Mary Phillips stated property that has water and sewer pipes in place is infill. She said Measure F has protected the City from lawsuits by people who have been paying property taxes and unable to build. Marshall Ochylski, this discussion interpretation of • water service for parcel, and there Tri-W representative, stated the purpose of is to eliminate the confusion about the existing ordinance. He said Tri-W has had 30 years, there is gas and electric to the is a sewer main on the adjacent road. He said [3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 27, 1995 PAGE 9 • the amount of development would not be unlimited, but would be restricted by the amount of water allocated by the City Council. Mr. Ochylski noted Measure F refers to residential development; Tri-W property is not proposed for residential development. John Barta stated by virtue of the adoption of the Water Management Plan, the Coastal Commission has granted permission to use the desalination plant, which will provide 500 to 550 acre- feet of water to the City; when blended with well water, the percentage will be increased even more. Mayor Yates closed the hearing to public comment. Councilmember Anderson stated the proposed definition of infill is clear, and he supports the adoption of the resolution. Councilmember Unger stated her concerns center more around residential than commercial, and said she continues to have a problem with the only open space left in the area. Councilmember Unger stated saying everything in the City limits is infill is ludicrous, and she will not support the resolution. Mayor Yates stated the proposed resolution simplifies the issue for him. He said Tri-W has been trying to get their project • underway for 12 years; the City has voted on it, approved it, and downsized it. He said the property owners now have $2 million into the project and it should proceed. • Councilmember Novak concurred with Mayor Yates. She said simplifying the definition of infill is going in the direction of streamlining. Councilmember Crotzer stated he will not support this resolution as it is inappropriate right now. He said this is being done under the banner of streamlining; and to him, streamlining is taking out obstacles which are simply obstructions. Councilmember Crotzer stated Measure F is a law that states there must be approval and implementation of a water plan first. Assistant City Attorney Philip Sinco stated Measure F applies to both residential and commercial developments; and said the City Attorney's office sees no problem with Measure F and the City Council's approval of boundary lines. Councilmember Unger asked Mr. Funk if the Water Management Plan has been implemented? Mr. Funk responded the City needs to obtain the permits for the desalination plant. He said there is not a source until there is desalinated or state water. W MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 27, 1995 PAGE 10 • Councilmember Unger stated the interpretation of proximity is too subjective. She said the problem is if Cloisters is developed, and all the lots are sold, every one of those 120 lots will get on the list, and nothing but Cloisters could go up in the next two years. She said there should be some cap on building that cannot take place under this new definition of infill. MOTION: Mayor Yates moved Council approve Resolution No. 23-95. The motion was seconded by Councilmember Anderson. Councilmember Crotzer asked if there has been a definitive answer on impact fees? Mr. Funk responded impact fees are paid at the time building permits are obtained. Mr. Sinco stated this resolution only defines infill and has nothing to do with impact fees. Mr. Funk stated retrofit is the only legal method to obtain new water equivalencies. He said when the desalination plant is on line and the State Water pipeline is running, the City will still have to obtain a modification permit from the Coastal Commission. VOTE: The motion carried with Councilmembers Crotzer and Unger voting no. (3-2) • D-3 CONSIDERATION OF PARKING MANAGEMENT PLAN This item was continued to the City Council meeting of March 27, 1995. • B. UNFINISHED BUSINESS B-1 CONSIDERATION OF ALTERNATIVE FINANCING SOURCES FOR WATERFRONT PARKING LOT IMPROVEMENTS Finance Director Jim Koser reviewed funding options for the waterfront parking lot improvements, and recommended Council proceed with the project, in conjunction with smaller Embarcadero parking lot projects, based upon the approximate $10,000 cost savings from combining all three. Mayor Yates stated he sought counsel from the Fair Political Practices Commission on what he can and cannot do with regard to this issue and other waterfront matters, and he feels secure with the determination of what he can and cannot discuss. Councilmember Unger asked who would be assessed to obtain the PG&E property? Mr. Koser responded the businesses or properties adjacent to or in the area of the parking lot which would benefit. 10 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 27, 1995 PAGE 11 • Councilmember Unger stated she would not like to establish an assessment district on top of in -lieu fees. A letter was received from Mr. Stan Trapp to the City Administrator which she read into the record: "Dear Mr. Howell: I would like to state my opposition to the use of any of the in -lieu parking fees paid by Morro Bay Marina, Marina Square for parking development in any locations remote to our project. Because of the anticipated increased demands for parking created by the Marina Square, a substantial number of parking spaces were required of us by the City of Morro Bay. Because Morro Bay Marina was unable to provide the required number of parking stalls on or within 600 feet of our property, a significant amount of money was pledged to the City as part of the In -Lieu Parking Fee Program to mitigate any parking problem. The benefit of any funds contributed by Morro Bay Marina on behalf of Marina Square and its tenants will be lost if the funds are spent in areas other than within the immediate vicinity of Marina Square. Please convey my objections as stated above to the City Council for their consideration. Thank you, Stan Trapp." \ Councilmember Anderson stated he also has no problem in discussing this issue, unless advised otherwise by the City • Attorney. He said the project is not affordable as proposed at this time. He said there are other priorities, such as the Harbor Office building, that take precedence. Mayor Yates read Morro Bay Municipal Code Section 17.44 dealing with this issue: "Fees accepted under this provision will be used by the City to provide the additional required parking at another location in lieu of the applicant providing the required off-street parking at his site. Such parking shall be provided within a reasonable distance from the contributing project." To him, that is certainly a clear statement that those fees cannot be used for this project. Councilmember Crotzer stated the whole concept of in -lieu fees is that the site cannot provide parking on -site. He said the trolley service on the Embarcadero and having a place where people can park is a reasonable accommodation. Mayor Yates asked if wise urban planning is having one parking lot at the end of a business district? Councilmember Crotzer said parking should be satellited, so all parking does not happen for a specific use but to get people out of their cars and enticed into stores; there is also a health benefit to walking. 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 27, 1995 PAGE 12 • Councilmember Unger said the key word is "reasonable" distance, which again is subjective. She said there is nothing that is not within walking distance on the Embarcadero. Mayor Yates opened the hearing to public comment. Lynda Merrill stated it seems legal counsel should clear up which issues Embarcadero business owners can and cannot vote upon. She said she would like to see the Harbor Front parking lot improved by using in -lieu parking fees. Mary Phillips stated the City should provide a shuttle service from the parking lot to stores. She said handicapped people need to be considered. Suedene Nelson stated the Front Street parking lot is under- utilized because of lack of signage. She said tourists do not know the lot is available for parking. Linda Donnelly stated the focus should be to benefit all businesses on the Embarcadero, and all avenues on the south end should be explored for parking. Mayor Yates closed the hearing to public comment. • Councilmember Crotzer stated half of the expense for the parking lot should be from the parking in -lieu fund because it is the only fund that has the money in it to accomplish the project, and it is a fund dedicated to parking. He noted parking in -lieu fees are not only appropriate here but are directed by the Circulation Element. Mayor Yates stated he believes parking in -lieu fees should be used for developing new parking. Councilmember Crotzer stated the question is whether or not it is reasonable to spend parking in -lieu fees for anything other than new additional spaces, which is approximately half of this parking lot. Councilmember Novak stated she will support the use of parking in -lieu fees for new construction. She expressed concern with the time line of construction, and does not feel construction can be done right now. Mayor Yates agreed with Councilmember Novak and said the project could be brought back next fall. He said the Shell Shop and Tidelands Park parking lots need to be done by Memorial Day. U 12 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 27, 1995 PAGE 13 • Councilmember Crotzer stated the prudent way to garner the money would be to put money into a Capital Improvement Fund; then the money will be there when needed and financing costs will not be expended. Councilmember Unger stated she did not realize how expensive this project would be, and recommended going ahead with the small projects, and work on a Capital Improvement Fund. Councilmember Anderson stated parking in -lieu money is to be spent on new projects, not fancy upgrades of existing lots. He feels very strongly in his support for a new Harbor Office. Councilmember Anderson stated if there is a way for the Harbor Fund to satisfy the debt service on the remainder of the upgrade of the lot, then he will support both projects. Councilmember Crotzer asked the Assistant City Attorney if, based on the Fair Political Practices Act, Council will be at risk if all five act on this issue. Mr. Sinco responded he could speak individually with Councilmember Crotzer on that issue or prepare a memorandum on the issues; there is not a single answer to that question. Mayor Yates said if there is a conflict, he will be the target, • not Council. Mr. Sinco said Mayor Yates is correct; it is up to the Councilmember to decide if there is a conflict, and the burden is on that Councilmember. • City Administrator Dave Howell asked if the Harbor Front project should be included in the budget document? Mayor Yates answered in the affirmative; the consensus is to put the project off and focus on the Harbor building. He said further discussion must be held on the funding of the Front Street parking lot. Mayor Yates stated Council does want to proceed with the Shell Shop and Tidelands Park improvements, which are already funded. MOTION: Mayor Yates moved Council delay the Harbor Front Parking Lot improvements and discuss funding during budget hearings; direct staff to proceed with the Shell Shop and Tidelands Park projects which have already been funded, with the goal of having those two projects completed before Memorial Day. The motion was seconded by Councilmember Unger and carried with Councilmember Crotzer voting no. (4-1) 13 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 27, 1995 PAGE 14 • B-2 DISCUSSION ON SETTING CITY PRIORITIES BASED ON TOWN HALL REPORT City Administrator Dave Howell recommended Council review comments from the recent town hall meeting, obtain consensus, and direct staff accordingly. He said a staff retreat is planned where a budget will be prepared for Council review based on priorities. Mayor Yates stated, in addition to the Harbor Office, more friendly City government remains his highest priority. He said streamlining the permit process and one -stop shop is also a high priority. Mayor Yates noted parking as a high priority, not just on the Embarcadero, but downtown has specific parking needs as well, and the Redevelopment Agency should have a berth. Councilmember Anderson agreed the Harbor Office building, as well as parking are high priorities. He said the Tree Fund for trees on both private and public property will not take a lot of staff time or money; matching contributions have been received by a number of Councilmembers and Staff members plus a citizen's check, and recommended a separate fund be set up. Councilmember Anderson stated being more user-friendly is a goal of the City; it is frustrating for people to go through the permit process. • Councilmember Unger also agreed that the Harbor Office building and parking are high priorities, as well as streamlining City government. She said a medical clinic in the City should be considered. Councilmember Unger stated emergency telephones along the road are a good idea. She said she likes Janice Peters' idea about an annual swap meet for local citizens. Councilmember Novak stated the haul -out facility is a priority, as well as total recycling, and said she is pursuing the idea of a community compost area. She said she has spoken to Ms. Lueker about a lap and therapy pool, and more ideas will be forthcoming on that project. Councilmember Crotzer stated street -end upgrades is a good idea. He said a boatyard along the lines of Port Townsend, with a theme so tourists and locals alike would be interested may be a benefit. Councilmember Crotzer stated he has inquired about bike racks around town; the Bay Theatre seems like a common sense place, and maybe more racks by restaurants. He said interconnected bike paths for races and tours is another positive idea. Councilmember Crotzer also stated safe play areas, programs, and skate board parks should be expanded and encouraged. He said lights at the tennis courts in Del Mar Park should be pursued. Councilmember Crotzer noted the concept of sustainability is important; build it so it will last. He said • Morro Bay's downtown area should be a place where tourists and residents alike want to go. 14 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 27, 1995 PAGE 15 Staff made note of Council's priorities which will be discussed during budget hearings. . No action was taken on this item. C-3 CONSIDERATION OF TWIN BRIDGES AGREEMENT RATIFICATION City Administrator Dave Howell reviewed the current status of the Twin Bridges Project contract with San Luis Obispo County and stated there will be some language changes to the document regarding the County's role in certifying and proceeding with the environmental aspect of the document. He said Council could consider the agreement tonight and endorse it, but recommended adoption wait until potential changes are made. Mayor Yates stated the County is presently lead agency which makes Morro Bay ineffective in moving things along. Mr. Howell stated Caltrans wants to get the project going. He said this agreement will allow the City Engineer to be the facilitator of the project. Mr. Howell stated the County is funding half of the project. • Councilmember Unger asked for clarification on the additional rights -of -way comprised in Article II. Mr. Funk responded rights - of -way referred to the fact that the new bridges will not be built on the same location as they are now, but will be within the State Park area. Councilmember Unger asked about the County's cost accounting system and if the City is giving the County a blank check? Mr. Howell responded costs will have to be justified and there is a ceiling on the amount. Mr. Howell stated he would communicate Council's consensus to the County regarding the contract. No action was taken on this item. F. ADJOURNMENT The meeting adjourned at 10:30 p.m. Recorded by: Bridgett Bauer • City Clerk 15 City of Morro Bay 0 City Council Agenda Mission statement The City of Morro Bay is dedicated to the preseroation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. SPECIAL MEETING - FEBRUARY 22, 1995; 5:00 P.M. CLOSED SESSION - FEBRUARY 22, 1995 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA GOVERNMENT CODE SECTION 54956.9(a): PENDING LITIGATION ♦ Administrative Agency Contested Hearing regarding the City of Morro Bay's water Rights Applications for the Morro and Chorro Underflows before the State Water Resources Control Board. Application Numbers: 24239, 24245, 24246, 27386, and 27477. GOVERNMENT CODE SECTION 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 as to one parcel. PUBLIC SESSION - FEBRUARY 22, 1995 VETERANS MEMORIAL HALL - 7:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL PLEDGE OF ALLEGIANCE - VFW POST 11097 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. PUBLIC HEARING CASE NO ZOA 05-91 AND GPA/LCP 03-93; City initiated amendments to the Zoning Ordinance (ZOA 05-91), Section 17 of the Morro Bay Municipal Code, General Plan and Local Coastal Plan. The amendments include: 1) streamline and clarify existing regulations; 2) reorganize existing text sections; 3) ldd definitions; 4) modify development criteria intended to bring the ydinance into conformity with the General Plan; and amendments to the 1 neral Plan Local Plan Land Use Map and Zoning Map to modify general an/zoning designations on certain parcels within the City. The amendments also modify portions of the North Main Street and Beach Street Specific Plan. The modifications apply to various zones and apply city- wide. (CEQA determination: LCP Amendment, California Coastal Commission is the lead agency for CEQA). 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. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE • ACCESSIBILITY TO THE MEETING. E • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - FEBRUARY 22, 1995 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m. PRESENT: William Yates Mayor Rodger Anderson Councilmember Colby Crotzer Councilmember Cathy Novak Councilmember ABSENT: Ahnawake Unger Councilmember STAFF: Dave Howell City Administrator David Hunt City Attorney CLOSED SESSION MOTION: Councilmember Crotzer moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Novak and unanimously carried. (4-0) Mayor Yates read the Closed Session statement. • The meeting adjourned to Closed Session at 5:15 p.m. and returned to regular session at 6:50 p.m. MOTION: Councilmember Novak moved the meeting be adjourned. The motion was seconded by Councilmember Anderson and unanimously carried. (4-0) The meeting adjourned at 6:50 p.m. MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - FEBRUARY 22, 1995 VETERANS MEMORIAL HALL - 7:00 P.M. Mayor Yates called the meeting to order at 7:00 p.m. ROLL CALL PRESENT: William Yates Mayor Rodger Anderson Councilmember Colby Crotzer Councilmember Cathy Novak Councilmember ABSENT: Ahnawake Unger Councilmember MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - FEBRUARY 22, 1995 PAGE 2 • STAFF: Dave Howell City Administrator Bridgett Bauer City Clerk Don Funk Community Development Director Shauna Nauman Planning Assistant Mayor Yates led the Pledge of Allegiance. PUBLIC COMMENT There was no public comment. PUBLIC HEARING CASE NO. ZOA 05-91 AND GPA/LCP 03-93; City -initiated amendments to the Zoning Ordinance (ZOA 05-91), Section 17 of the Morro Bay Municipal Code, General Plan and Local Coastal Plan. The amendments include: 1) streamline and clarify existing regulations; 2) reorganize existing text sections; 3) add definitions; 4) modify development criteria intended to bring the Ordinance into conformity with the General Plan; and amendments to the General Plan Local Plan Land Use Map and Zoning Map to modify general plan/zoning designations on certain parcels within the City. The amendments also modify portions of the North Main Street and Beach Street Specific Plan. The modifications apply to various zones and apply city-wide. (CEQA determination: LCP • Amendment, California Coastal Commission is the lead agency for CEQA). Planning and Building Director Don Funk reviewed the requested Zone Change and Local Coastal Plan, Land Use Plan/General Plan Amendment to change the properties located at 843, 853, 861 and 899 Quintana Road from General Commercial (C-2) to Central Business (C-1); these amendments have been requested by Mr. Dario Domenghini. He noted the existing, C-2 zone is usually reserved for areas appropriate for service and small manufacturing uses; the C-1 zone includes most of the retail commercial and restaurant uses which are generally desired for the downtown and entrances to the City. Mr. Funk stated the uses allowed in the C-2 zone are much more intensive and less appropriate for the entryway to the City while the C-1 uses are more suitable for the corner of Morro Bay Boulevard and Quintana Road. Mr. Funk stated the Planning Commission has held several hearings to discuss the proposed change of this property with no public opposition to the proposed change. He said the Planning Commission voted to support the proposed change as a part of their overall recommendations on the proposed land use amendments. Mr. Funk recommended Council approve the proposed zone change. • MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - FEBRUARY 22, 1995 PAGE 3 • Mayor Yates opened the hearing to public comment; there was no comment and the hearing was closed to public comment. MOTION: Mayor Yates moved Council support the rezoning for properties located at 843, 853, 861 and 899 Quintana Road from General Commercial (C-2) to Central Business (C-1). The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) Mr. Funk continued with the review of the City -initiated amendments to the Zoning Ordinance (ZOA 05-91), Section 17 of the Morro Bay Municipal Code, General Plan and Local Coastal Plan. He noted the amendments include: 1) streamline and clarify existing regulations; 2) reorganize existing text sections; 3) add definitions; 4) modify development criteria intended to bring the Ordinance into conformity with the General Plan; and amendments to the General Plan Local Plan Land Use Map and Zoning Map to modify general plan/zoning designations on certain parcels within the City. The amendments also modify portions of the North Main Street and Beach Street Specific Plan. Mr. Funk reviewed the proposed amendments as shown on the attached area maps. • Mayor Yates opened the hearing for public comment. Steve Mathieu addressed the naval tanks in North Morro Bay and asked if they are jet fuel or water tanks? Mr. Funk responded that issue is presently being reviewed. Roy Spana addressed the Environmentally Sensitive Habitat (ESH) zone and the required setbacks along that zone. Mr. Funk responded there will be a review in the reduction of buffers along the ESH zone. Mike Doherty requested that the Quintana/Allesandro/Las Tunas area (Area Map 10) be zoned strictly residential. Jeri Hendricks stated she opposes the garage and/or any expansion to this use in this area. Mayor Yates called for a break at 8:25 p.m.; the meeting resumed at 8:45 p.m. Steve Mathieu addressed his property along Preston Lane (Area Map 5) and suggested this area be zoned Mixed Commercial/Residential (MCR). John Barta addressed Area Map 11 recommending the placement of a ramp from Morro Avenue to the Embarcadero. • Mayor Yates closed the hearing for public comment. • MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - FEBRUARY 22, 1995 PAGE 4 Councilmember Crotzer addressed the Cloister's property (Area Map 4) stating the third vertical access would create a better vertical access to the shore from the new public park in the middle of the property een}el-l9e-#rt�rnsve-fie-the-netnra�-habsta�. Councilmember Anderson addressed Area Map 10 recommending maintaining the residential area and storage units in this area and excluding garages. City Administrator Dave Howell stated there is neighborhood frustration with the garage in this area and they would like this use to become non -conforming in this zone. Councilmember Crotzer addressed multi -family uses in Area Map No. 5. Mayor Yates recommended rezoning Area No. 5 MCR with the exception of Frank Smith's property. Mayor Yates addressed the Von's Shopping Center (Area Map 8) and mentioned future businesses in that location which may require re -zoning to perhaps light industrial (C-2/M.1). Council concurred with Mayor Yates' suggestion. • Council discussed zoning off Highway 41 to the north (Area Map 5), and directed staff to further review this area. Council discussed the Caratan property (Area Map 11) and requested this map return for further review. MOTION: Mayor Yates moved Council approve Area Maps 1, 2, 3, 4, 6, 7, 9, 12, 13, 14, and 15; and request Area Maps 5, 8, 10, and it return for further review. The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) The meeting adjourned at 10:02 p.m. Recorded by: Bridgett Bauer City Clerk • E 01 Q9 0 q !RR, I I rj- E s AREA 1 y Current Zoning : ESH Proposed Zoning: M-2 (PD/ESH) TorTo Creek n� ■ Current Zoning : ESH Proposed Zoning : OA-1 (PD/ESH) • I 1 Planning Commission Recommendation 5/16/94 •N _ _.` / " woo • .. ♦ ♦ W C� m ♦ �, lCL tA ip ♦ _ O C 7 ` iLy,L w C `+ N V G CJo CC .Y 3 0 N • ►••• O 61 V y c E .• " •. V 1JtS V U C e • s �f j • L •..:;.:; R S O . v, V C = s ►s I- CL v CL r- �J d� �Otiss c_'cn v 0 N a o • N C , C v1 t 7 j ^ U N • N a i o O •• � c rn • � o. a a c c o V ° o c / a` uj CL u v, vi c v y V oo ��♦ • m� N 7 O • C .. V c a = o vi ® a N 0 W W N c 1 • � .+ C C O � / Q Q s• = c v N `G�� d v w v f U o 1. •�� p¢ a z z m .0 p o rn a c a /N Ol Y C c cu o N O N v O t N U • '-' 'O 7 'O v W a n N V N O Q ��c ore U p C O` C. pay C C i 0 0 AREA -51 Current GPkLCP : High Density Proposed GP&LCP: Low Density Current Zoning : RA (PD) Proposed Zoning : R-A IRON" 001) S Current Zoning : ESH Proposed Zoning : M-1 (PD/l/ESH) as Cu I nent Zoning : ESH Proposed Zoning: C-VS (ESH) —u c ent Zoning. ESH Proposed Zoning: C-VS (SI zi e Current Zoning : ESH ,osed Zoning : R-1 (ES Curren�toning: R. _,Proposed Zoning : M-1 (P Current Zoning : ESH I \1 Proposed Zoning: M-1 (PD/i/ESH) I Ir CENTER LINE OF Mom CREEK rt Zoning : ESH Zoning: AG (ESH) CENTER LINE Of LITTLE MORRO �4CREEK ♦ Planning Commission Recommendation 5/16/9 C-I • 0 AREA 7 Current Zoning : ESH-R Proposed Zoning : OA-1 (ESH-R) Qv I / Clt4 Current Zoning :None posed Zoning: H (ESH) Current Zoning : ESH Proposed Zoning: OA-1 (ESH) \ '...... . .. Current Zoning : ESH posed Zoning: H (ESH) Planning Commission Recommendation 5/16/94 r1 91 SURF ST a��� 65 �■ll m f�= fil6� ® Current Zoning : C-VS (PD/SP) Proposed Zoning : C-2 (PD/SP) Planning Commission Recommendation 5/16/94 0 • E • _ LL 3AV VWOI V7 y a Q � O V EO a ' FL y v U Z „ a V N N L Q f u J £ r. LZ a aCi E � u °c. O= •Ni N F% «+ N V O 1 y u x v m c z 5 0 ` N� c.c F '� V a a .0 o •, U u N N g a+ H v U c N a a,En U = rn c J J N N 'fl a aa-i c N a v U u c a c �- v o ® a V m and 311R9 v � N U V N v u i V �JA aZ,p me tIj gO� a V O N W �. O� J a a v GC aC U aCi N C r U C i a r-I u Planning Commission Recommendation 5/16/94 Plannine Commission Recommendation 5/16194 • AREA 13 7 N 0 � P 'y P P O O � P 9 Current Zoning : ESH Proposed Zoning : H (ESH) Current Zoning : ESH Proposed Zoning: H (ESH) • % STATE PARK RD. Planning Commission Recommendation 5/16/94 LJ Planning Commission Recommendation 5/16/94 9 a AREA 1 DUNES ST. 1 HARBOR ST. MORRO Current GP&LCP : M.U.E Proposed GP&LCP : Commercial District Current Zoning : G-O (S.4) Proposed Zoning : C-1 (S.4) Planning Commission Recommendation 5/16/94 .14 6-0- 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - FEBRUARY 14, 1995; 5:15 P.M. CLOSED SESSION - FEBRUARY 14, 1995 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(b)(1), CONFERENCE WITH LEGAL COUNSEL DUE TO SIGNIFICANT EXPOSURE TO LITIGATION Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one matter. E-2 GOVERNMENT CODE SECTION 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 as to two parcels. • PUBLIC SESSION - FEBRUARY 14, 1995 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 JANUARY 9, 1995; SPECIAL MEETINGS OF JANUARY 18, 1995, JANUARY 24, 1995, AND JANUARY 10 30, 1995; AND PLANNING COMMISSION MEETING OF JANUARY 17, 1995 1 0-2 RESOLUTION NO. 16-95 APPOINTING W. JAMES KOSER AS CITY TREASURER A-3 RESOLUTION NO. 19-95 APPROVING LEASE FOR PUBLIC PARKING LOT LOCATED AT SHELL SHOP - THIS ITEM HAS BEEN PULLED FROM THE AGENDA A-4 RESOLUTION NO. 18-95 APPROVING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITE 68-68W A-5 RESOLUTION NO. 21-95 APPROVING WAIVER OF FEES FOR EMERGENCY PERMITS RELATED TO RECENT FLOODING A-6 RESOLUTION NO. 17-95 ESTABLISHING TERMS OF OFFICE FOR PLANNING A-7 PROCLAMATION DECLARING MARCH 11, 1995 AS "ARBOR DAY" A-8 REJECTION OF CLAIM AGAINST THE CITY; (NORDIN/TRAVERS) A-9 PROCLAMATION DECLARING THE WEEK OF FEBRUARY 18-25, 1995 AS "NATIONAL FUTURE FARMERS OF AMERICA" WEEK B. UNFINISHED BUSINESS B-1 CONSIDERATION OF ALTERNATIVE FINANCING SOURCES FOR WATERFRONT PARKING LOT IMPROVEMENTS 0-2 UPDATE DISCUSSION ON RESTRICTIONS AND POSSIBLE CLOSURE OF TWIN BRIDGES C. NEW BUSINESS C-1 REPORT ON MID -YEAR BUDGET REVIEW C-2 REVIEW OF PROPOSED CHANGES TO SUBDIVISION RESTRICTIONS AND DIRECTION TO STAFF REGARDING DEFINITION OF INFILL C-3 CONSIDERATION OF PUBLIC TREE REPLACEMENT POLICY C-4 DISCUSSION ON SETTING CITY PRIORITIES BASED ON TOWN HALL REPORT D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 CONSIDERATION OF FINAL ADOPTION OF WATER MANAGEMENT PLAN D-2 RESOLUTION NO. 20-95 APPROVING THE MAJOR VEGETATION REMOVAL, REPLACEMENT AND PROTECTION GUIDELINES D-3 ORDINANCE NO. 442 AMENDING CHAPTER 2.24 (RECREATION & PARKS COMMISSION); CHAPTER 2.28 (PLANNING COMMISSION); AND CHAPTER 15.48 (HARBOR ADVISORY BOARD) OF THE MORRO BAY MUNICIPAL CODE - SECOND READING AND ADOPTION *4 1994 WEED ABATEMENT APPEALS 2 0 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. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 3 9 ri 0 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - FEBRUARY 14, 1995 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: ABSENT: STAFF: CLOSED SESSION William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger None Dave Howell 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 Anderson 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 5:50 p.m. MOTION: Councilmember Crotzer moved the' meeting be adjourned. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1995 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 Rodger Anderson Councilmember Colby Crotzer Councilmember Cathy Novak Councilmember Ahnawake Unger Councilmember ABSENT: None 11 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1995 PAGE 2 STAFF: Dave Howell David Hunt Rick Algert Bridgett Bauer Bill Boucher Don Funk Jeff Jones Jim Koser Joe Loven Andrea Lueker City Administrator City Attorney Harbor Director City Clerk Public Works Director Community Development Director Fire Chief Finance Director Police Chief Recreation and Parks Director Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Jack Hansen presented the "Lighten Up" this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates announced that CalTrans Deputy Director Dick Weaver, several politicians, City staff and County staff toured Twin Bridges today. He said there is now a commitment to get the bridges done and everyone seems headed in the same direction. Mayor Yates stated the recommendation is to have a project manager in charge of the project which the City will appoint; the draft EIR is expected in a couple of weeks, and the final EIR in a month. He said the goal is to get the project started this year; and concurrent with the bridges, the South Bay Boulevard improvements will be completed by the end of the year. Mayor Yates announced the fund raiser for Chamber of Commerce Director Suedene Nelson will be held February 25, 1995 and invited everyone to attend. Mayor Yates said that the Police Department has received a $75,000 grant from the federal crime bill which will fund another police officer for the next three years. Mayor Yates reported that $2.6 million is in the President's budget for the Harbor Improvement Project for the coning year. He said Council support will be requested in order for the Mayor to return to Washington, D.C. at the end of March to make sure the funding stays in place. Mayor Yates announced Chevron has donated $3,000 for the operation of the trolley and thanked Chamber Director Suedene Nelson and Chevron for that donation. Councilmember Novak announced the Morro Bay commercial Fishermen's flagpole and weather flag advisement system is moving forward and will be installed February 23, 1995 in a public ceremony. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1995 PAGE 3 Councilmember Anderson stated the new police officer which Mayor Yates had previously mentioned will primarily address youth services. Mayor Yates addressed the tree issue at Main and Quintana Road by summarizing the votes of City Council on the deregulation. He noted no public right-of-way trees have been cut and stated the audience may address the tree cutting during public comment. PUBLIC COMMENT Barry Dorfman addressed the tree removal process stating the intention of City Council to change a law was not the same as changing the law. He said with this active Council making decisions rapidly, the process is fraught with the vulnerability of misunderstanding. Mr. Dorfman stated in the future, people should be reminded they should not act until the process is completed. Planning and Building Director Don Funk explained there is nothing in writing that explains what major vegetation is; the Local Coastal Plan does not provide a definition, nor does the Coastal Commission. He noted the Council has not changed the law, but is re -interpreting the definition. Mr. Funk stated this particular property had not been identified as a significant or sensitive habitat. Councilmember Crotzer asked if protection for a site required it be an endangered species habitat? Mr. Funk responded it must be a habitat for diverse or endangered species; the question then revolves around what diverse means. Mary Ellen Nowell stated the City Council is required to protect the common good; their intent is to protect property owners' rights and, in doing so, ignored local citizens' rights. She said the system is presently more abuser -friendly. Claudia Hayner expressed her dissatisfaction with the removal of the trees on Main and Quintana and noted violation of Morro Bay Municipal Code Chapters 17.20.020B and 17.20.050A. She said one of the oldest groves of trees in the City was cut with the consent of City government. Eileen Doran stated the property has no easement and is a monarch butterf ly grove. She said the new pro -business, user-friendly City Council believe in the right to do whatever is wanted on private property and City law has been superseded which is tyranny. Ms. Doran stated out-of-town speculators have been handed a chance for quick profit. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1995 PAGE 4 John Nowell stated the first responsibility of a city official is to the public, and the citizens are holding everyone involved in this travesty accountable. John Halton expressed his dissatisfaction with the removal of the trees stating his apartment was designed so that the trees would shade them. Alvin DeSimone stated he resents people speaking for him as a citizen. He said common sense needs to be restored; he does not believe in the term pro -business. Mr. DeSimone stated he has lived here a long time and would like to build a house with his father and does not want to be thrown in the same basket as these developers when he needs to cut down two or three trees. Jo L. Merriman stated he would like to see the American flag lit up more; he would like to have one long bridge instead of two little bridges at Twin Bridges; and he opposes the proposed launch ramp at Target Rock because it lessens shore -line fishing. Ben Luna stated he feels the tree ordinance was too restrictive and extreme, and during his term on the City Council he voted to send it back to the Street and Trees Committee for a reasonable and balanced ordinance. Mr. Luna encouraged Council to continue reviewing the ordinance to eliminate and clarify ambiguities so these problems do not occur in the future. He said Morro Bay is a Tree City USA and should strive to create a more comprehensive tree ordinance that is going to give balance to the issue because trees add beauty to a city and people feel passionate about this issue. Hal Tune stated the citizens of this town cannot choose which laws they want to obey, neither can the City Council choose which laws they want to enforce. Tim Crowley expressed concern with the Councils interpretation of what the citizens of Morro Bay want. Bonnie Bracken asked for accountability for the children of Morro Bay; perhaps Arbor Day projects for children should be started. She said she wanted to plant her living Christmas tree at a City park, but it was very complicated. Harry Rogers stated eucalyptus trees continue to grow and develop until the property is enveloped. He understands the feelings of those opposed to the removal of the trees, but neighbors have to get along and property rights must be respected. 0 MINUTES - MORRO BAY CITY COUNCIL - REGULAR MEETING - FEBRUARY 14, 1995 PAGE 5 Suedene Nelson expressed concern for the business community. She reminded the audience that the majority of businesses in this community are owned by neighbors and friends who live here and raise their children here, and they are not out to axe this community. Lionel Johnston stated he is involved with a county group that is promoting the replanting of native trees including oaks, sycamores, alders, and cottonwoods in appropriate places. He said this group gives trees to county and state agencies; he offered the property owner free native trees. Nancy Severson said the problem with the tree cutting is City's rules and regulations are not being enforced. Marlin Harms stated as an American, he believes in individual rights and the rights of the community and the neighborhood. He said there needs to be some sort of permit process for removal of major vegetation; if 65 trees do not qualify as major vegetation, then he is not sure what does. John Barta stated people who say a property owner is taking from the community at the community's expense is ignoring the fact that the owner has been paying property taxes and thus funding City government. He said instead of railing against this property owner, we could take our energy in a more positive direction and come up with a plan to plant and grow more trees. Mr. Barta stated it would be better to turn this frustration and feeling of loss into something positive that will benefit the community. Jim Ross stated two sites in his trailer park near Morro Creek have been condemned by an engineer after the recent flooding, and expressed concern with what will happen if flooding occurs again. He asked if there is a window of opportunity to do something about Morro Creek. Public Works Director Bill Boucher responded the Department of Fish and Game has Jurisdiction along creek banks and is the primary permitting agency. He said Public Works will try to coordinate planning and design of repairs with Fish and Game concerns, and will also help the owners with walking through the process. I Sharon Gennell stated she has checked all mobile home and trailer parks in Morro Bay and there are none that can accommodate her 36-foot trailer. She said she has only 30 days to move from her current space and asked for the City's assistance. 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1995 PAGE 6 Mary Phillips stated the City is going to the wrong sources for information on the safety of water from the desal plant. She said water quality control is only concerned with ground water, not what people drink. Lynda Merrill addressed the special meeting on the Waterfront Master Plan, stating the meeting was advertised as a workshop, and should have been noticed more clearly. As a former Recreation and Parks Commissioner, she felt there was incomplete evidence to support the proposed launch ramp, and she still has questions about the ramp concerning safety, the parking lot, the availability of a restroom, the necessity of a fence, the impact on eel grass, arctic loons, and other wildlife. Ms. Merrill expressed similar concerns about the proposed bridge across the creek. Roger Ewing addressed Item B-1 (Alternative Financing Sources for Waterfront Parking Lot Improvements) stating the City has been collecting in -lieu parking fees for the past few years, and there is no reason to look for other alternatives. He said if the fees are there, they should be used for the parking lot. Mr. Ewing also addressed Item C-2 (Restrictions and Direction to Staff Regarding Definition of Infill) stating infill will have a major impact on future development in Morro Bay, and urged Council to reagendize this item as a public hearing. He added part of the problem with the tree removal issue is lack of communication; communication prevents divisiveness and creates harmony. B. Rohan noted an article regarding a bridge that is being replaced in Malibu stating the city has been able to go around all the rules and regulations. She noted Malibu is richer than Morro Bay, but there are more citizens in Morro Bay, and maybe if we all start to yell, maybe we will get our bridges built sooner. Mayor Yates closed the hearing to public comment. Council concurred to complete the Consent Calendar, then hear Item D-2. 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 JANUARY 9, 1995; SPECIAL MEETINGS OF JANUARY 18, 1995, JANUARY 24, 1995, AND JANUARY 30, 1995; AND PLANNING COMMISSION MEETING OF JANUARY 17, 1995 Mr. Howell recommended Council approve the minutes as submitted. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1995 PAGE 7 A-2 RESOLUTION NO. 16-95 APPOINTING W. JAMES KOSER AS CITY TREASURER Mr. Howell recommended Council approve Resolution No. 16-95 appointing W. James Koser as City Treasurer. A-3 RESOLUTION NO. 19-95 APPROVING LEASE FOR PUBLIC PARKING LOT LOCATED AT SHELL SHOP This item was pulled from the agenda. A-4 RESOLUTION NO. 18-95 APPROVING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITE 68-68W Mr. Howell recommended Council approve Resolution No. 18-95 allowing assumption of the lease agreement for Lease Site 68/68W by the Held Family Trust and authorize the Mayor to sign the assumption agreement contingent upon City Attorney review and approval. A-5 RESOLUTION NO. 21-95 APPROVING WAIVER OF FEES FOR EMERGENCY PERMITS RELATED TO RECENT FLOODING Mr. Howell recommended Council approve Resolution No. 21-95 waiving permit fees for recent flood victims. A-6 RESOLUTION NO. 17-95 ESTABLISHING TERMS OF OFFICE FOR PLANNING COMMISSION Mr. Howell recommended Council approve Resolution No. 17-95 establishing terms of office for the Planning Commission. A-7 PROCLAMATION DECLARING MARCH 11, 1995 AS "ARBOR DAY" Mr. Howell recommended Council adopt the Proclamation declaring March 11, 1995 as "Arbor Day". A-8 REJECTION OF CLAIM AGAINST THE CITY; (NORDIN/TRAVERS) Mr. Howell recommended Council reject the claim and authorize the City Clerk to send the appropriate rejection letter. A-9 PROCLAMATION DECLARING THE WEEK OF FEBRUARY 18-25, 1995 AS "NATIONAL FUTURE FARMERS OF AMERICA" WEEK Mr. Howell recommended Council adopt the Proclamation declaring the week of February 18-25, 1995 as "National Future Farmers of America" Week. MOTION: Councilmember Unger moved Council approve the Consent Calendar. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) 3 0 0 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1995 PAGE 8 Mayor Yates presented the Proclamation declaring the week of February 18-25, 1995 as "National Future Farmers of America" Week to Morro Bay High FFA representatives. Mayor Yates called for a break at 7:30 p.m.; the meeting resumed at 7:55 p.m. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-2 RESOLUTION NO. 20-95 APPROVING THE MAJOR VEGETATION REMOVAL, REPLACEMENT AND PROTECTION GUIDELINES Planning and Building Director Don Funk reviewed the major vegetation removal, replacement and protection guidelines and advised Council that Section V (New Vegetation for Proposed Construction) has been added for Council's consideration. He said the goal is to get people to plant new trees when new development is proposed. Mr. Funk recommended Council approve Resolution No. 20-95 adopting the final guidelines. Councilmember Novak expressed concern with the in -lieu fee proposed in Section V. Councilmember Unger asked if the builder could be asked to plant a tree somewhere in the City, instead of paying an in -lieu fee. Councilmember Anderson stated perhaps an either/or proposal would be a better solution. The builder could plant a tree or pay $100; the choices should be more clearly stated. Mayor Yates opened the hearing to public comment. Leabah Winter stated Council could consider a public notice ahead of time when a tree removal is proposed, so the present situation would be avoided in the future. Jo Merriman stated he believes in personal rights and freedoms and people should be able to do what they want with their own property. Harry Rogers stated planting trees should not be tied into the building permit process. Dale Reddell stated consensus at the last Council meeting was deregulation of trees; he still supports that concept. He said property owners should be able to remove major vegetation on their own property. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1995 PAGE 9 Lynda Merrill expressed concern regarding wildlife in the area where the eucalyptus trees were removed. She said there is a lack of communication between the property owners and the neighbors, and Council should recognize there is a communication problem and work on that. Mary Ellen Nowell presented an unofficial petition with some recommendations to avoid the situation in the future. Recommendations included: a) If there are more than four trees in a parcel, then there should be some sort of review process, possibly including a free permit; and b) On undeveloped lots, tree cutting ought to be part of the building process. Until the permit is obtained, there is no need to cut the trees. Councilmember Unger asked how an environmental habitat is determined? Mr. Funk responded that a section in the General Plan addresses habitat areas, and as part of the Local Coastal Plan, the City determines environmentally sensitive areas. He said the survey was done in 1983; however, the survey did not include the trees at Quintana and Main. John Barta opposed Section V of the guidelines because it dictates what lot owners should do with trees on private property. He said it is in direct conflict with the proposition that citizens should be able to make their own decisions with their own trees; where a tree cannot be planted, the citizen is put in the position of paying yet another in -lieu fee to the City. Mary Phillips noted there is a City ordinance stating when a fence is built, anything can be done behind it. She said if the City can determine the height of a house, then it can determine the height of a tree. Richard Haskett stated he has a cypress tree that has gotten too big in front of his house, which is on City property. He asked if the City would cut that down for him so he could plant a smaller tree? Mayor Yates told him that he could accomplish that through the City, although there will probably be someone who will complain if the tree is cut down. John Nowell stated in the past, major vegetation is anything six inches or more in diameter and more than four feet high. He said this practice has been discontinued and now there are other guidelines which the public is unaware of. Mr. Nowell stated public notices should be delivered when trees are removed. Mr. Funk explained the only ordinance states that a Coastal Development Permit is required to remove major vegetation; if the City makes a different determination on what major vegetation is, then obviously that will or will not require a permit or a notice. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1995 PAGE 10 Barry Dorfman stated the point is that a lot of things are changing and emotions are high and the result is miscommunication. He said the lesson is that changing practices require extra effort to provide more information. Nancy Barta pointed out an absurdity in the tree ordinance stating she could cut down a tree, plant another, and six months later cut it down without violating the ordinance. Steve Mathieu stated the tree removal on should have required a review process. currently in a lawless state and will comes back from the Coastal Commission. placing a moratorium on tree cutting complete. Main and Quintana Road He said the City is be until the ordinance Mr. Mathieu recommended until the process is Councilmember Crotzer stated the issue has now become polarized between differing philosophies and the Coastal commission requirements. He said there should be a moratorium until more research is done. Councilmember Novak stated the public has asked that tree permits not be necessary on private property. She said some way should be found to encourage people to plant trees without strict ordinances. Councilmember Unger stated the subject property owner's original intent when he purchased the property on Main and Quintana Road was to build low-cost housing; he no longer can afford to keep the property and is trying to sell it. She said the owner was told the property would be more marketable if the trees were cut down, and would have done things differently if he had known what the reaction from the public would be. She expressed concern with the proposed in -lieu fees and would like more discussion on that. Councilmember Anderson stated regulations make people fearful and may discourage tree planting. He said he would be willing to write a check for $100 per year for the next three years if ten other people would provide matching funds to fund native tree planting. He said he opposes legislating trees on private property. Mayor Yates stated it has been suggested that trees should not be taken down unless there is a reason, and is marketability a reason. He said most public comment received during public hearings has been in favor of deregulating trees on private property. Mayor Yates stated it seems more trees are coming down lately which is a concern. He said the ordinance should go back to staff for further review. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1995 PAGE 11 Councilmember Crotzer stated the California Coastal Act of 1974 must be examined carefully to make sure the Coastal Commission would not reverse any new ordinance regarding trees. Mr. Funk stated there are two areas that might be of concern: 1) oak trees must be protected under Coastal Commission rules; and 2) groves of trees. Councilmember Unger stated habitat areas have been defined by the City, and butterflies were included in that definition. Mr. Funk responded the butterflies did not arrive this year, so how would anyone know they were in the grove. He said someone would have to do a study about where butterflies usually go. Mayor Yates said the study which had been done twelve years ago did not, include the Quintana and Main parcel as a butterfly habitat. Mr. Funk responded the study had been a broad -brush one and only identified especially obvious habitats. Councilmember Crotzer stated consideration could be different for groves of trees as opposed to individual trees. He said as far as habitat is concerned, butterflies and herons find different habitat when the old habit is destroyed. He said the ordinance should be massaged and brought back for further consideration. Mayor Yates suggested the ordinance go back to the Planning Commission for public hearings and further review. Councilmember Unger recommended using the old guidelines until a new ordinance is in place. Councilmember Crotzer recommended eliminating the fee while Council reviews the new ordinance. Mayor Yates suggested staff be directed to consider five or more trees as a grove, while the Planning Commission works on the proposed ordinance. MOTION: Mayor Yates moved Council send the Major vegetation Guidelines to the Planning commission for further review and public input; and in the interim, until a new policy is in place, the Planning and Building Director allow four or fewer trees be removed without regulation on any private property in Morro Bay; and five or more trees would be required to go through the old review process. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mayor Yates called for a break at 9:15 p.m.; the meeting resumed at 9:30 p.m. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1995 PAGE 12 D-1 CONSIDERATION OF FINAL ADOPTION OF WATER MANAGEMENT PLAN Public Works Director Bill Boucher stated on January 11, 1995, the California Coastal Commission adopted and certified the Water Management Plan, and on February 6, 1995, the plan was approved by the Planning Commission. Mr. Boucher recommended Council approve Resolution No. 08-95 adopting a Water Management Plan as amended by the Coastal Commission. Mayor Yates opened the hearing to public comment. Chuck Meissner paraphrased a letter from Warren Dorn requesting the plan be continued until further review by the new Public Works Advisory Board and the City Attorney. Mr. Dorn was primarily concerned with tertiary treatment of waste water and recharging of ground water. Lynda Merrill stated she felt Mr. Boucher's statement that 40% delivery of State Water could be expected in some years should be included in the plan. She said the Boyle Report addresses the problem of storage due to shallow aquifers. Ms. Merrill stated she has always opposed State Water because of the impact on fish in the San Francisco Delta. Harry Rogers stated the plan is long overdue; it is time to step forward and pass the plan. Mary Phillips stated a stand should be taken by Council and the City Attorney to stop the destruction of Morro and Chorro creeks by other users, such as CMC and Cuesta College. She added there is no room for tertiary treatment in Morro Bay. Mayor Yates closed the hearing to public comment. Councilmember Crotzer stated Council should follow the lead of the people who voted for State Water and Nacimiento Water. He said the Boyle Report is the definitive document and recommended desalination. Councilmember Crotzer stated people should learn to live within their own environment. He agreed that some way to recycle and reclaim water should be found. Councilmember Novak agreed with the plan and noted there is a provision to look at the plan again in five years. Mayor Yates expressed his support and stated the plan is the result of a lot of work. Councilmember Unger asked if the forward and Attachment A would become part of the plan? Mr. Boucher responded Attachment A is the plan and the forward is the preface. Councilmember Unger stated this is a glorif ied laundry list of all viable alternatives and she will not support it. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1995 PAGE 13 Councilmember Anderson stated the city is not in a position to negotiate with the Coastal Commission's recommendations. MOTION: Councilmember Anderson moved Council approve Resolution No. 08-95 adopting a Water Management Plan as amended by the California Coastal Commission. The motion was seconded by Councilmember Novak and carried with Councilmember Unger and Councilmember Crotzer voting no. (3-2) D-3 ORDINANCE NO. 442 AMENDING CHAPTER 2.24 (RECREATION & PARKS COMMISSION); CHAPTER 2.28 (PLANNING COMMISSION); AND CHAPTER 15.48 (HARBOR ADVISORY BOARD) OF THE MORRO BAY MUNICIPAL CODE - SECOND READING AND ADOPTION City Administrator Dave Howell recommended Council read Ordinance No. 442 by title and number, and adopt the ordinance for second and final reading. Mayor Yates opened the hearing to public comment; there was no comment and the hearing was closed to public comment. MOTION: Councilmember Unger moved Council read Ordinance No. 442 by title and number only. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mr. Howell read Ordinance No. 442 by title and number only. MOTION: Councilmember Unger moved Council adopt Ordinance No. 442 amending Chapter 2.24 (Recreation & Parks Commission); Chapter 2.28 (Planning commission); and Chapter 15.48 (Harbor Advisory Board) of the Morro Bay municipal Code. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) D-4 1994 WEED ABATEMENT APPEALS Public Works Director Bill Boucher reviewed the 1994 Weed Abatement Appeal process and stated no appeals had been filed to date. He recommended Council approve the release of the City Contractor's 10% retention fund, less any distribution of amounts of any new appeals presented and approved by Council. Mayor Yates opened the hearing to public comment; there were no comments and the hearing was closed to public comment. MOTION: Councilmember Unger moved Council approve the release of the City Contractor's 10% retention fund, less any distribution of amounts of any new appeals presented and approved by Council. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1995 PAGE 14 0 B. UNFINISHED BUSINESS B-1 CONSIDERATION OF ALTERNATIVE FINANCING SOURCES FOR WATERFRONT PARKING LOT IMPROVEMENTS This item was continued to the February 27, 1995 City Council meeting. B-2 UPDATE DISCUSSION ON RESTRICTIONS AND POSSIBLE CLOSURE OF TWIN BRIDGES This item was tabled. C. NEW BUSINESS C-1 REPORT ON MID -YEAR BUDGET REVIEW Finance Director Jim Koser reviewed the Mid -Year Budget stating no action by Council is required. He stated there is a level of comfort as there is no indication of any major problems, operational or otherwise, within the financial health of the City. Mayor Yates asked Mr. Koser how the department was when he started his job and how it is now. Mr. Koser responded two factors contribute to the current status: 1) the accountant position was eliminated a couple of years ago, which created a void and thus an accumulation of uncompleted work; and 2) the Finance Director position was vacant for several months; the City Administrator brought in some assistants during that period to move things along, but there was not the continuity necessary that permanent staff brings to a department. Mayor Yates asked if another accountant will be necessary, or if the computer system will handle the work. Mr. Koser responded he will recommend restoration of at least part of another position. City Administrator Dave Howell asked how Council liked the budget format? Mayor Yates stated he likes it; however, he would like more comparisons to last year. Mr. Howell stated he would provide a monthly report of taxes collected with a cumulative total. Councilmember Unger stated this budget was a 190% improvement over the last budget. She would like to see year-to-date totals, especially on revenues. Councilmember Unger asked what unsecured taxes are? Mr. Koser responded they are taxes on real property that cannot be moved, property that is mobile to some extent. Councilmember Unger asked what a bad debt write off is? Mr. Koser responded checks are sometimes bad, just like in any other business, and those checks are eventually turned over to a collection agency. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1995 PAGE 15 Councilmember Novak stated she particularly likes the bold print and would stop by the finance office to ask more questions; Councilmember Crotzer concurred. Mayor Yates asked when there would be an audit for the past fiscal year? Mr. Koser responded that would be accomplished in May of this year; he would like to have the 1995 audit accomplished before the end of this calendar year. Mayor Yates asked about the status of the computer program? Mr. Koser responded the computer consultant is working on it and hopes to have it in place by July 1, 1995. No action was taken on this item. C-3 CONSIDERATION OF PUBLIC TREE REPLACEMENT POLICY Public Works Director Bill Boucher reviewed Morro Bay municipal Code 12.08.070 (Tree Removal Cause) which provides for replacement of all trees removed from public streets. He said the Public Works policy conforms with the California State Parks' policy. Mr. Boucher requested Council provide staff with direction on this matter. Mayor Yates expressed concern With the pine pitch canker disease stating a lot of public trees will be lost. Mr. Boucher stated Public Works is concentrating on planting trees in areas where they are desirable; the rate of replacement has increased substantially in the last 16 to 18 months. Mayor Yates stated trees should be replaced within the same block, not a mile away. Mr. Boucher recommended an adopt -a -tree program to encourage property owners to plant trees. Mayor Yates requested consensus from Council that when a tree is removed, a new tree should be planted as close as possible to the tree that came down. Councilmember Unger stated this is the time of year when complaints come in about the flowering eucalyptus which makes quite a mess in front of businesses. She said she hopes those trees are eliminated from the approved list. Mr. Boucher responded the flowering eucalyptus are not approved for the business district, but are for other areas. He said diversity of tree types is encouraged under present policy. Councilmember Crotzer stated natural habitat selection is more desirable than either uniformity or diversity; trees that prefer salty climate are more suitable. He said Council needs to turn its perception around by actively husbanding and valuing trees. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1995 PAGE 16 Councilmember Crotzer added appropriate trees that can be properly pruned and cared for should be planted. Council requested staff draft a policy to encourage people to consult with their neighbors and request trees from the City. C-2 REVIEW OF PROPOSED CHANGES TO SUBDIVISION RESTRICTIONS AND DIRECTION TO STAFF REGARDING DEFINITION OF INFILL This item was continued to the February 27, 1995 City Council meeting. C-4 DISCUSSION ON SETTING CITY PRIORITIES BASED ON TOWN HALL REPORT This item was continued to the February 27, 1995 City Council meeting. F. ADJOURNMENT The meeting adjourned at 11:11 p.m. Recorded by: Bridgett Bauer City Clerk 0 6 M(::>rrx4=1E C:)1F _431p3E4=XALr� M3E1Errx1qC7' NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Public Hearing on Wednesday, February 1, 1995 at 6:00 p.m. in the Community Center Multi -Purpose Room, 1001 Kennedy Way, Morro Bay, California, to discuss the Waterfront Specific Plan. DATED: January 26, 1995 WILLIAM YATES, Mayorl City of Morro Bay,lChlifornia 0 U MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - FEBRUARY 1, 1995 COMMUNITY CENTER MULTI -PURPOSE ROOM Vice Mayor Unger called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Rodger Anderson Councilmember Colby Crotzer Councilmember Cathy Novak Councilmember Ahnawake Unger Vice Mayor ABSENT: William Yates Mayor STAFF: Dave Howell City Administrator David Hunt City Attorney Rick Algert Harbor Director Bridgett Bauer City Clerk Bill Boucher Public Works Director Don Fu nk Community Development Director ' Jim Koser Finance Director Andrea Lueker Recreation and Parks Director Shauna Nauman Planning Assistant PLEDGE OF ALLEGIANCE - Vice Mayor Unger led the Pledge of Allegiance. LIGHTEN UP Donna Ramos presented the Lighten Up. CASE NO. GPA/LCP/ZOA 01-93; WATERFRONT SPECIFIC PLAN Planning and Building Director Don Funk reviewed the City -initiated amendment to the General Plan Land Use Element, Local Coastal Program Land Use Plan text and map creating a Specific Plan Overlay along the Waterfront (Embarcadero) of the City of Morro Bay. He noted the specific plan is to provide guidelines, standards, and direction so the Embarcadero will move into the future with flexibility to adapt to changing conditions while retaining the views, ambiance and traditions that have made it a community value. Mr. Funk stated the Planning Commission, Recreation and Parks Commission and Harbor Advisory Board have reviewed the plan and made recommendations to the City Council. Mr. Funk presented the following findings of the Planning commission: Morro Rock Parking Area The Planning Commission recommended very generalized and minimal improvements, with neither asphalt nor striping. They also recommend walking trails landscaped with flowers, but not trees. MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - FEBRUARY 1, 1995 PAGE 2 0 Launch Ramp at Target Rock The Planning Commission does not agree with this proposed launch ramp. He said the Commission agrees with the plan to place the road behind Coleman Park. The park should enable people to go directly into the water without crossing the road; and the park should also be enlarged. Harbor Director Rick Algert stated the Harbor Advisory Board does not object to another launch ramp; however, not located at Target Rock. Morro Creek Bridge The Planning Commission recommends the bridge be used for emergency vehicles, bicycles, and pedestrians only. Recreation and Parks Director Andrea Lueker stated the Recreation and Parks Commission agrees with the realignment of Coleman Drive. She said the Commission concurred with the Planning Commission's recommendation on the Morro Creek Bridge. Mr. Funk stated the plan called for a multi -story parking garage at the Harbor Front lot; the Planning commission reviewed the plan as well as a study of cost and feasibility by the California Coastal �onservancy and recommended a structure not' be built, but surface improvements undertaken instead. Mr. Algert stated the Harbor Advisory Board also opposed the garage. Mr. Funk stated the Planning commission recommended diagonal parking in the area from Dunes Street to Centennial Park, along with one-way traffic. Mr. Funk stated another area of controversy is the south Embarcadero access. He said the plan calls for access to go up the hill beyond Marina Street; the Planning Commission does not feel that is feasible as it is a steep hill and a lot of people live along there. Mr. Funk stated the Planning Commission agrees that two-story buildings with a height limit of 25 feet should be allowed on both sides of the Embarcadero, with view corridors and open space. Councilmember Unger asked why there is opposition to the proposed two-story parking structure located on the east side of the Embarcadero? Mr. Funk responded the Planning Commission is opposed to the size of the structure not the height. Mr. Funk and Mr. Algert stated the Planning commission and Harbor Advisory Board agree the existing marina facilities should be enhanced and improved, but not expanded. Mr. Funk noted the plan does not allow for future marinas. MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - FEBRUARY 1, 1995 PAGE 3 is Vice Mayor Unger opened the hearing to public comment. Cathy Duncan expressed opposition to the launch ramp at Target Rock stating it will change the aesthetics of the bay. She also opposed the proposed parking structure. Nancy Bast stated the steep access streets should be improved with stairways or in other ways to help people navigate them. Mary Jane Puett expressed her support of the plan stating a lot of work has gone into the plan. She said some of the changes offered have to do with the fact that Morro Bay is not a natural bay. Ray McKelligott stated the recommendations of the Planning commission, Recreation and Parks Commission, and Harbor Advisory Board should be followed. Lynda Merrill expressed concern about adopting the plan as a legal document and then not being able to change anything in it; once adopted, it will become part of the General Plan. She also stated the Target Rock launch ramp is not realistic. Vice Mayor Unger asked City Attorney David Hunt to address the issue of the Waterfront Specific Plan being set in cement if adopted. City Attorney David Hunt responded findings would have to be made in order for projects to be consistent with the Local Coastal Plan and the General Plan. He said the City would not be able to go forward with a project if it is found not to be consistent; planning documents are enforced through the findings and analysis of the Planning Commission and Council. Mr. Hunt stated ultimately, Coastal Commission approval will have to be sought as an LCP amendment. Roxanne Kelly recommended placing a gate across the proposed Morro Creek bridge to prevent all vehicle traffic except emergency vehicles from using it. Mr. Funk responded the Planning Commission recommended reducing the width of the bridge to 14 feet and placing barricades across it to be removed for emergency vehicles only. Ray McKelligott requested clarification on view corridors. Councilmember Novak responded Marina Square is a good example on how to open up areas of buildings to provide view corridors. Cathy Duncan asked how Council can assume that creative architects will be used? Councilmember Novak responded guidelines will be provided to ensure the existence of view corridors; however, height limits should not be too restrictive. MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - FEBRUARY 1, 1995 PAGE 4 Dave Tope asked how leaseholders can be expected to sacrifice a portion of a 50-foot lot to preserve a view corridor; would each lot have to give up some footage for such a corridor? Mr. Funk responded the plan allows for an extension of height in order to provide a view corridor. Sue Melvin recommended building Morro Creek Bridge as a one -lane road. She also addressed guidelines for two-story buildings on the waterfront. Ed Sylvester requested Council keep an open mind to allow for future needs. Darby Neil stated costs today vs. costs tomorrow is an issue. He added access to the waterfront should be convenient. Mayor Yates arrived at 8:00 p.m.; a break was called, and the meeting resumed at 8:20 p.m. Charles Palmer stated the Morro Rock parking lot needs more permanent improvements. He added an additional launch ramp is needed, and parking should be addressed. Warren Dorn stated the 17-foot height limit should be maintained on the Embarcadero. Dan Dorn stated the 17-foot height limit protects views of businesses above the bluff. He also recommended using the Target Rock launch ramp for ocean use; and use the Tidelands Park launch ramp for bay use. Cathy Cordero stated the plan should protect the views from the bluff. Ed Sylvester stated the height limit should be flexible in certain locations along the waterfront. Charles Palmer stated the harbor is dredged continuously and the plan should consider future disposal of sand. COUNCIL COMMENTS Councilmember Crotzer made the following statements: A launch ramp in the Target Rock area is a great idea; the currents are not extreme, the submarine environment is important, but that can be mitigated, and boaters will not have to motor all the way through the bay with the resulting diesel or gas leaks. He said there are no other places where a launch ramp can be established. 0 MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - FEBRUARY 1, 1995 PAGE 5 more circulation along the Embarcadero is desirable; opening either end would seem to increase traffic, but the idea is to increase access. He said an exit near Tidelands Park near the launch ramp is desirable for boaters. Councilmember Novak made the following statements: 4 Maintaining the Morro Rock parking lot with gravel and keeping it in a natural state is a great idea. A launch ramp in the vicinity of Target Rock is desirable because of the need for an additional ramp between the months of March and October. 4 Views must be protected in the Coleman Park area, thus the land should be purchased. The Morro Creek Bridge is important for pedestrians and bicyclists as well as emergency vehicles. A larger bridge may be needed in the future, so it would be best to build it that way now. The Harbor Front Parking Lot is a good idea, but leave the parking structure in the plan for future consideration. Another access is desirable at the south end of town, especially during heavy traffic events like the Lighted Boat Parade. Do not limit docks to a certain number; there are commercial fishermen on the waiting list now, and it may be necessary to add dock space. Height limits on the Embarcadero are a matter of concern. Lease sites are expensive and businesses need to be able to pay rent. One-story buildings might limit the amount of space needed to make a business profitable. Some buildings could provide view space on top. Local architects will be able to provide creative ways to enhance and protect scenic views. There is widespread community support for a haul -out facility and it should be in the plan. The facility could be located on City property next to the PG&E pump house which is already designated for commercial fishing upgrades. Councilmember Anderson made the following statements: 4 Morro Rock parking lot with low visual impact is a good idea. Target Rock launch ramp needs more consideration in order to reach a compromise in design and location. Haul -out facility by PG&E is a good idea. MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - FEBRUARY 1, 1995 PAGE 6 Morro Creek Bridge is needed for emergency vehicle access. Diagonal parking loop is a good idea to obtain additional parking, and would provide greater pedestrian access. Councilmember Unger made the following statements: Target Rock appears to be the only viable location for a launch ramp. Morro Rock parking lot needs visual improvements, along with a road around the rock. 0 Morro Creek bridge should be considered for future needs. 4 Height limit should be allowed above 17-feet for fishing industry. Mayor Yates made the following statements: Morro Rock parking lot should be organized and include a walkway. 0 Target Rock launch ramp is needed with visual improvements. 0 + Placing the road behind Coleman Park is a good idea. Morro Creek Bridge should be built with two lanes for emergency vehicle access; however, open during Harbor Festival and the Lighted Boat Parade for all vehicles. He does not see the need for a parking structure. 4 Height limits should provide for view corridors; being sensitive to property owners on the bluff. Mayor Yates called for a break at 9:35 p.m.; the meeting resumed at 9:55 p.m. Council came to the following consensus: Morro Rock Parking Lot Council agreed with Planning Commission's recommendation. Target Rock Launch Ramp Council agreed this issue needs further consideration on design. Coleman Park Council agreed with Planning Commission's recommendation. Morro Creek Bridge Majority of council agreed with building a two-lane bridge for emergency vehicle access; with the exception of special events. MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - FEBRUARY 1, 1995 PAGE 7 Parking S ructure Council oppose a parking structure on Front Street. Council discussed a parking structure on the Embarcadero with Mayor Yates and Councilmember Anderson stepping down due to conflict of interest. The remaining Council decided to pull discussion of parking structures from the Waterfront Master Plan and place it for discussion in the Parking Management Plan. Diagonal Parking Loop Council approved of this concept. South Embarcadero/South Street Access Council supports original Tidelands Park Plan concept. Height Limits Council asked that this item return for further discussion. Additional Commercial Slips Council asked that this item return for further discussion. council unanimously approved by minute motion that further discussion return to the City Council meeting of March 13. 1995. The meeting adjourned at 10:43 p.m. Recorded by: Bridge�t Bauer city clerk 10 0 E to MC>!rxCZ1E C:)v 01PIEC7MA.31. MIEIE'rxwc�. NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Monday, January 30, 1995 at 6:00 p.m. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California, in order to interview applicants for City advisory boards. DATED: January 26, 1995 WILLIAM YATES, Mayo City of Morro :Bay . Ua ifornia .0 MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - JANUARY 30, 1995 CITY HALL CONFERENCE ROOM Mayor Yates called the meeting to order at 5:50 p.m. ROLL CAL PRESENT: William Yates Rodger Anderson Colby Novak Ahnawake Unger ABSENT: Colby Crotzer STAFF: Dave Howell Mayor Councilmember Councilmember Councilmember Councilmember City Administrator PUBLIC COMMENT - There was no public comment. Mayor Yates requested Council add an item to the agenda to approve Resolution No. 15-95 authorizing the City Administrator, Public Works Director, and City Attorney to renegotiate the contract with the County of San Luis Obispo regarding the replacement of Twin Bridges. MOTION: Councilmember Unger moved Council add an item to the agenda to approve Resolution No. 15-95. The motion was seconded by Councilmember Novak and unanimously carried. (4-0) MOTION: Councilmember Unger moved Council approve Resolution No. 15-95 authorizing the City Administrator, Public Works Director, and City Attorney to renegotiate the contract with the County of San Luis Obispo regarding the replacement of Twin Bridges. The motion was seconded by Councilmember Novak and unanimously carried. (4-0) Mayor Yates distributed copies of Assembly Bill 7X received from Congressman Bordonaro's office. Councilmember Crotzer arrived at Council meeting at 6:00 p.m. Council conducted interviews and made appointments to City advisory boards (attached is referernce to appointments). ADJOU10MENT - The meeting adjourned at 11:20 p.m. Recorded by; `7-� Dave Howell City Administrator 1 I'l,k,NNIN(; CO3%0JISSIQN 5 VACAINGI EIS 2 IYEARTERMS E'NDIN(�; 1-31-99 C ,hurles Clarke Janice Peters 2 2 YEAR TERMS ENDING 1-31-97 John Berta Dave Elbott I I YEAR TERM ENDING 1-31-96 Mark (Steve) Mathieu RECREATION & PARKS COMMISSION 2 VACA.NCIES 1 2 YEAR TERM REPRESENTING YOUTH - SERVING ORGANIZATION ENDING 1-31-97 Paul Scherer 1 2 YEAR TERM REPRESENTING SENIOR ADULT SERVICE ORGAN IZATION EN D INC, 1-31-97 Ed McCracken HARBOR ADVISORY BOARD 3 VACANCIES I 4-YEAR TERM REPRESENTING RECREATIONAL BOATING ENDING 1-31-99 Don L�ckwood I 4-YEAR TERM REPRESENTING MARINE ORIENTED BUSINESS ENDING 1-31-99 Jodi Giannini I- 2-YEAR TERM, MEMBER -AT -LARGE, ENDING 1-31-97 Frank Davenport PUBLIC WORKS ADVISORY BOARD 7 VACANCIFS ,I 2-YEAR TERMS ENDING 1-31-97 Don Doubledeo Wallace McCray Bill Olson Paul Donxudly 3 I-YEARTERIM ENDING 1-31-96 John Lemons Steve Carnes Ken Mahoney COMIMUNITY PROMOTIONS CO,%I,'0lTTEE 3 VACANCIES I -1-YEART ERM REPRESENTING MOTELIRE STAURANT CATEGORY ENDING Ed Biaggini I 4-YEARTERM, MEMBER -AT -LARGE. ENDING Nancy Barta I 4-YEAX TERM REPRESENTING MERCHANTS ENDING Frank St. Denis 40 1-31-99 1 -3 1 �99 1-31-99 MINUTES - MORRO BAY CITY COUNCIL EMERGENCY MEETING - JANUARY 24, 1995 CITY HALL CONFERENCE ROOM Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: William Yates Mayor Rodger Anderson Councilmember Colby Crotzer Councilmember Cathy Novak Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Dave Howell City Administrator Bill Boucher Public Works Director Don Funk Community Development Director Jeff Jones Fire Chief Jim Koser Finance Director Joe Loven Police Chief PUBLIC COMMENT - There was no public comment. The City Council heard discussion from staff and the City's Civil Defense Coordinator regarding the present status and concerns regarding the storm and damaged caused by the storm. MOTION: Mayor Yates moved Council declare an emergency in Morro Bay. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Community Development Director Don Funk discussed the Declaration of Emergency based on CEQA findings. Staff prepared Resolution No. 14-95 based on staff recommendation. MOTION: Councilmember Unger moved Council approve Resolution No. 14-95 declaring the existence of a local emergency. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) ADJOURNMENT - The meeting adjourned at 5:55 p.m. Recorded -11y-�- Dave Howell City Administrator I City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the qualify of life. 77te City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - JANUARY 23, 1995; 5:15 P.M. CLOSED SESSION - JANUARY 23, 1995 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(b)(1), CONFERENCE WITH LEGAL COUNSEL DUE TO SIGNIFICANT EXPOSURE TO LITIGATION Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one matter. E-2 GOVERNMENT CODE SECTION 54957, PERSONNEL Discussions regarding personnel issues including one public employee regarding discipline/release/evaluation. PUBLIC SESSION - JANUARY 23, 1995 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 DECEMBER 12, 1994 4 -2 STATEMENT OF CASH AND INVESTMENTS - DECEMBER 1994 -3 EXPENDITURE REPORT - DECEMBER 1994 A 1 40-4 WATER SUPPLY STATUS REPORT A-5 RESOLUTION NO. 09-95 REMPHASIZING SUPPORT TO ASSEMBLY BILL 2444 TO PROTECT CALIFORNIA'S COASTLINE FROM INCREASED OFF -SHORE OIL AND GAS DEVELOPMENT A-6 RESOLUTION NO. 05-95 AMENDING DEPARTMENT OF BOATING & WATERWAYS CONTRACT #83-33-116-23 (TEN YEAR EXTENSION) A-7 RESOLUTION NO. 04-95 AUTHORIZING THE ISSUANCE OF PUBLIC AREA USE PERMIT #867 FOR THE CAL POLY REGATTA (MARCH 4, 1995) A-8 REJECTION OF BIDS FOR COMPUTER SYSTEM PROCUREMENT B. UNFINISHED BUSINESS B-1 RESOLUTION NO. 07-95 CREATING THE PUBLIC WORKS ADVISORY BOARD AND RESCINDING RESOLUTIONS IN CONFLICT B-2 RESOLUTION NO. 06-95 ADOPTING GUIDELINES FOR SELECTION OF ADVISORY BOARD MEMBERS AND SETTING DATE FOR INTERVIEWS (JANUARY 30, 1995) B-3 CONSIDERATION OF WEATHER WARNING FLAGS AND POLICY B-4 CONSIDERATION OF REPLACEMENT OF HARBOR OFFICE BUILDING q_5 DISCUSSION ON TOTAL RECYCLING CONCEPT - THIS ITEM HAS BEEN PULLED FROM THE AGENDA B-6 DISCUSSION ON SOUTH BAY BOULEVARD IMPROVEMENTS B-7 RESOLUTION NO. 08-95: CONSIDERATION OF FINAL ADOPTION OF WATER MANAGEMENT PLAN B-8 DISCUSSION ON ACQUISITION OF EXCESS ENTITLEMENT TO STATE WATER PROJECT C. NEW BUSINESS - NONE D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 ORDINANCE NO. 441: AMENDMENT TO GARBAGE SERVICE PICK-UP TIMES IN CERTAIN VISITOR -SERVING AREAS OF THE CITY (SECOND READING/ADOPTION) D-2 REVIEW OF 1994/95 ANNUAL WATER STATUS REPORT AND RECOMMENDATIONS FOR THE 1995/96 FISCAL BUILDING ALLOCATIONS D-3 CONSIDERATION OF WATERFRONT PARKING LOT IMPROVEMENTS - CDP 48-94/CUP 30-94 (CONCEPT PLAN) D-4 ORDINANCE NO. 442 AMENDING CHAPTER 2.24 (RECREATION & PARKS COMMISSION); CHAPTER 2.28 (PLANNING COMMISSION); AND CHAPTER 15.48 (HARBOR ADVISORY BOARD) OF THE MORRO BAY MUNICIPAL CODE - FIRST READING AND INTRODUCTION 2 5 CONSIDERATION OF THE WATERFRONT SPECIFIC PLAN - RECOMMED TO BE CONTINUED TO THE SPECIAL MEETING OF FEBRUARY 1. 1995 D-6 CONSIDERATION OF PARKING MAN, TO A SPECIAL COUNCIL MEETI 0 rj-w�' � �@ITRPIK-lmmw- 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. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. r I L MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JANUARY 23, 1995 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: ABSENT: STAFF: CLOSED SESSION William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger None Dave Howell David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Anderson moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Novak 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 5:50 p.m. MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1995 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 Rodger Anderson Councilmember Colby Crotzer Councilmember Cathy Novak Councilmenber Ahnawake Unger Councilnember ABSENT: None (6 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1995 PAGE 2 STAFF: Dave Howell David Hunt Rick Algert Bridgett Bauer Bill Boucher Don Funk Jeff Jones Jim Koser Joe Loven Andrea Lueker City Administrator City Attorney Harbor Director City Clerk Public Works Director Community Development Director Fire chief Finance Director Police Chief Recreation and Parks Director Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Jack Hansen presented the Lighten Up this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates presented a Certificate of Appreciation to Doug Riddell for his leadership in Morro Bay's Neighborhood Watch Program. Mr. Riddell also served for eight years on the Harbor Advisory Board. Mayor Yates stated he needed a four -fifths vote to add two items to tonight's agenda: #1 Approval of Resolution No. 12-95 accepting the Grant Deed from Paul D. and Geraldine L. Price for a fifty -foot wide strip of land for street utility, public utility and drainage purposes on Mimosa Street. MOTION: Councilmember Crotzer moved Council add the approval of Resolution No. 12-95 to the agenda. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) MOTION: Councilmember Crotzer moved Council approve Resolution No. 12-95 accepting the Grant Deed from Paul D. and Geraldine L. Price for a fifty -foot wide strip of land for street utility, public utility and drainage purposes on Mimosa Street. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) #2 To take the agenda out of order and hear Item B-6 (Discussion on South Bay Boulevard Improvements) prior to hearing Item B-1 (Resolution Creating the Public Works Advisory Board and Rescinding Resolutions in Conf lict) . MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1995 PAGE 3 MOTION: Councilmember Unger moved Council take the agenda out of order and hear Item B-6 prior to hearing Item B-1. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) Mayor Yates pulled Item B-7 (consideration of Final Adoption of the Water Management Plan) since it was noticed incorrectly. He noted it must be publicly noticed for 10 days by the Planning Commission and then moved to City Council. Mayor Yates thanked the public for their attendance and participation at the public workshop held Wednesday, January 18, 1995. Councilmembers learned a lot and appreciated the interaction with citizens. Mayor Yates invited the public to stop by the fire station to see the new, red fire truck received on January 2.2, 1995. Mayor Yates commended Police Chief Loven for providing the safest community in San Luis Obispo County. He commented that Neighborhood Watch was an integral part of community protection. Mayor Yates stated the deadline for advisory board applications' is Wednesday, January 25, 1995. Interviews will take place on January 30, 1995. Mayor Yates commented the Navy SEALS had an accident in the harbor entrance -today where four men were injured and three went to a local hospital. He complimented the Harbor Department and the Coast Guard for their rescue efforts. Mayor Yates announced that Councilmembers approved a two-year contract for City Administrator Dave Howell in Closed Session; this contract will be available for public review on January 24, 1995. PUBLIC COMMENT Jo L. Merriman requested at least two street lights on the 2800 block of Ironwood Avenue. He asked if there will ever be a new bridge across South Bay Boulevard. Tom Martin, Controller for Morro Bay Garbage, stated compost taken to the landfill is burned not buried as he had stated at a previous meeting. Bernie Melvin wished to rebut on the following comments made by Council at their January 9, 1995 meeting: 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1995 PAGE 4 Mr. Melvin referred to Councilmember Anderson's comments regarding the Planning Commission process with Visions Gallery. He said there were two Planning Commission meetings in regards to this project and the only change was removal of the light on top because it was too tall. Mr. Melvin stated Councilmember Anderson may have had problems with staff, but that was not the Planning commission's purview. Mr. Melvin referred to Planning Commission's review of the hockey rink at Flippo's and stated the Commission did not have a complete staff report at their first meeting, and the project was approved at the second meeting. He said one commissioner asked if the color was appropriate; however, the Commission did not discuss that or act on it. Mr. Melvin addressed the firing of the Planning Commission. He said the only time in the eight years he served on the Planning Commission that he felt the Commission was a roadblock was when three members of the previous Commission refused to implement Measure H because of political reasons; they were fired and rightly so. Mr. Melvin addressed Councilmember Unger's concern regarding citizen complaints. He said the Planning Commission follows rules adopted by City Council; the Planning Commission does not make up rules as it goes along. Mr. Melvin stated people who do not wish to follow rules appeal to individual Councilmembers for relief. Charlie Palmer addressed Items B-7 (Resolution No. 08-95: Consideration of Final Adoption of Water Management Plan) and B-8 (Discussion on Acquisition of Excess Entitlement to State Water Project) stating the document presented as the Water Management Plan is very reasonable. He made recommendations on conserving water. Eric Parks, coxswain of the Cal Poly Rowing Crew, addressed Item A-7 (Resolution No. 04-95 authorizing the issuance of Public Area Use Permit #867 for the Cal Poly Regatta) and thanked the City for the use of the bay. He encouraged business support and invited everyone to come to the annual regatta on March 4, 1995. Roger Ewing addressed Item B-8 (Discussion on Acquisition of Excess Entitlement to State Water Project) stating before the City is committed to more expenditures, a public hearing should be held regarding the use of the desal plant. He also asked Council discuss the study of new locations for a boat haulout launch ramp; he would like to voice support for that study. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1995 PAGE 5 Lynda Merrill asked council consider changing the time for the Public Comment period. She said 6:00 p.m. is too early for working people; perhaps another comment period could take place around 7:00 p.m. or later. Doug Riddell thanked Chief Loven and former Chief Howell for being his inspirat ' ion regarding the Neighborhood Watch Program. He also thanked his right-hand person, Joanne Reddell; secretary - treasurer Chuck Clarke; vice-president Tom Wuriu and directors Van Heuver and Merle Plumb. He congratulated Dave Elliott, the 1995 president of Neighborhood Watch. Harry Rogers supported Council's action regarding the Planning Commission, and stated commissioners must learn that they act as administrators not policy makers. Mayor Yates closed the hearing to public comment. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Unger requested the concerns and questions in her memo of January 21, 1995 be addressed in the staff report regarding the Water Management Plan when it comes before council; Mayor Yates concurred. Mayor Yates requested the discussion of consolidating the Public Works Department and Planning/Building Department to create one - stop shopping in the permit process. Councilmember Novak requested the discussion of a new boat haulout facility in order to see if it is a viable project. Councilmember Crotzer stated there should be public recognition for the many years of service of Bernie Melvin; Mayor Yates said that would be accomplished. 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 DECEMBER 12, 1994 Mr. Howell recommended Council approve the minutes of December 12, 1994. A-2 STATEMENT OF CASH AND INVESTMENTS - DECEMBER 1994 Mr. Howell recommended Council accept the report for file. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1995 PAGE 6 A-3 EXPENDITURE REPORT - DECEMBER 1994 Mr. Howell recommended Council accept the report for file. A-4 WATER SUPPLY STATUS REPORT Mr. Howell recommended Council accept the report for file. A-5 RESOLUTION NO. 09-95 REMPHASIZING SUPPORT TO ASSEMBLY BILL 2444 TO PROTECT CALIFORNIA'S COASTLINE FROM INCREASED OFF- SHORE OIL AND GAS DEVELOPMENT Mr. Howell recommended Council approve Resolution No. 09-95 in response to the Minerals Management Service's proposed five-year Offshore Oil and Gas Leasing Program for 1997-2002. A-6 RESOLUTION NO. 05-95 AMENDING DEPARTMENT OF BOATING & WATERWAYS CONTRACT #83-33-116-23 (TEN YEAR EXTENSION) Mr. Howell recommended Council approve Resolution No. 05-95 authorizing the Mayor to execute the amendment to the Department of Boating & Waterways Contract #83-33-116-23 for a grant to purchase a 271 Radon Patrol Boat. A-7 RESOLUTION NO. 04-95 AUTHORIZING THE ISSUANCE OF PUBLIC AREA USE PERMIT #867 FOR THE CAL POLY REGATTA (MARCH 4, 1995) Mr. Howell recommended Council approve Resolution No. 04-95 authorizing issuance of Public Area Use Permit No. 867 with conditions. A-8 REJECTION OF BIDS FOR COMPUTER SYSTEM PROCUREMENT Mr. Howe 11 recommended Council reject all bids for the procurement of computer hardware and software and direct the Finance Director to develop and issue a revised Request for Proposal. Councilmember Unger pulled Item A-1 from the agenda; Councilmember Novak pulled Item A-5. MOTION: Councilmember Crotzer moved Council approve the Consent Calendar with the exception of Items A-1 and A-5. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF DECEMBER 12, 1994 Councilmember Unger requested a correction be made to Resolution No. 120-94 on page 7 #A-5, changing the word "to" to "in". 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1995 PAGE 7 MOTION: Councilmember Unger moved Council approve the minutes of December 12, 1994 as amended. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) A-5 RESOLUTION RE-EMPHASIZING SUPPORT TO ASSEMBLY BILL 2444 TO PROTECT CALIFORNIA'S COASTLINE FROM INCREASED OFF -SHORE OIL AND GAS DEVELOPMENT Councilmember Novak supported the resolution but expressed the concern that fishermen have a problem with the inclusion of the word "sanctuary". She said fishermen support the resolution to ban offshore oil drilling, but do not want this area made a marine sanctuary because it limits the area to scientific research in a sanctuary. Councilmember Crotzer concurred and said the California definition of sanctuary precludes human use of an area, which was a problem that arose with the proposed Piedras Blancas sanctuary. Beach strollers, swimmers, kayakers, and canoeists would be prohibited under the interpretation of the State Attorney General. Councilmember Novak stated the definition of sanctuary is "a refuge of wildlife where predators are controlled and hunting is illegal." Councilmember Unger suggested rewording the clause to read: "Whereas the City of Morro Bay supports and recognizes the national significance of the economic, ecological sensitivity of existing coastal assets." There would be no mention of sanctuaries and boundaries. Council concurred to Councilmember Unger's suggested amendment. MOTION: Councilmember Novak moved Council adopt Resolution 09- 95 as amended. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-6 DISCUSSION ON SOUTH BAY BOULEVARD IMPROVEMENTS Public Works Director Bill Boucher reviewed the two improvement projects along South Bay Boulevard: 1) the Twin Bridges Replacement Project; and, 2) a City project to raise and widen the remainder of the roadway. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1995 PAGE 8 Mr. Boucher referred to the raising and widening of South Bay Boulevard, and stated he and Planning and Building Director, Don Funk went to the site on January 23, 1995, and feel confident that the designers can provide a design with zero environmental impact by not going into the wetlands or hillside. He said the preliminary engineering will determine that the project is eligible for categorical exclusion and estimated completion of this project by December 1995. Mr. Boucher addressed Twin Bridges stating the two bridges crossing Chorro Creek have accumulated much siltation. He said the silt deposits have reduced the flood -water -carrying capacity of the bridges. Mr. Boucher stated many studies have been done since 1983 by various agencies, and Caltrans has asked that additional analyses be performed on alternative alignments. He said the alternatives under consideration consist of an upstream alignment which have less upstream impacts, resulting in a bridge of approximately 460 feet in length; the other primary alternative would be a replacement bridge of approximately 250 feet in length along the existing alignment. Mr. Boucher noted the shorter span is preferred by state agencies. Mr. Boucher stated since 1988 there has been considerable parry and thrust in an attempt to provide resolution to the technical issues; as far as the public is concerned, this has resulted in no tangible progress. He said as far as staff is concerned, there has been little tangible progress and conditions continue to worsen with considerable additional siltation with the recent rains. Mr. Boucher stated the center span of the north bridge has less than a foot and a half of clearance from the silt line to the bottom of the bridges. Mr. Boucher stated at 'a meeting last week with six Caltrans representatives, three county representatives, and three City representatives, the optimistic schedule was for construction completion in three and one-half years under perfect conditions; that time frame is not reasonable. He said as a result of the erosion caused by the Highway 41 fire, the Resource Conservation District embarked upon an emergency project to tear down part of the dike along Chorro Creek which resulted in substantive changes in conditions. The most recent flooding on January 10 and 11 caused the waters to inundate the area of Quintana Road and South Bay Boulevard. Mr. Boucher stated staff believes that emergency conditions exist and all due speed must be used to construct the new bridges by the onset of next winter, and recommended Council approve Resolution No. 10-95 declaring emergency conditions at Twin Bridges; and also approve Resolution No. 11-95 declaring priority status for the Twin Bridges Replacement Project. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1995 PAGE 9 Mayor Yates stated a contract had been signed with the County in 1985 giving the County lead status on this project. He said if the City takes lead agency status, then the County will be owed money for engineering studies. Mayor Yates asked Mr. Boucher for clarification on the financial matters. Mr. Boucher responded he has spoken with Deputy County Engineer Glen Priddy who stated he had reviewed County documents and Morro Bay was up-to-date on all payments. Mayor Yates asked Mr. Boucher if the City should seek lead agency status? Mr. Boucher responded it is a City street and will be the City's responsibility. He said as far as lead agency is concerned, there are some subtleties in the environmental document that would need to be sorted out; however, he is not aware of any stumbling blocks from an administrative standpoint. Mayor Yates stated the City has been working with Assemblyman Tom Bordanaro on emergency legislation from the State. He said San Luis Obispo County has been declared a disaster area by the State which, from the State angle, the timing is perfect for emergency legislation. Mayor Yates stated he has also spoken with Congresswoman Andrea Seastrand, who is awaiting a resolution to move the federal highway department. County Supervisor Bud Laurent congratulated the City on its initiative and staff's ability to move quickly on this issue. He said this is certainly a City project and he feels no ownership except that there is a mutual benefit between Los Osos and Morro Bay; as well as the bridges are an evacuation route in case of emergency. Mr. Laurent stated the City and County have a 10% share in funding from the federal bridge replacement fund, and both have put money aside in a trust account for ongoing expenses. He said the question is whether a change would alter the financial assumptions, and noted if the Highway 41 fire results in an emergency declaration, that would be beneficial. Mr. Laurent stated this is the most sensitive environment on the Central Coast area. He asked if an emergency ordinance adopted by all agencies is possible, then will the City and County be protected from an environmental lawsuit by any party? Councilmember Unger asked Mr. Laurent how many more agencies need to see the draft EIR? Mr. Laurent responded the document was not fully approved because of the disagreement in preferred alignment; at that time, the longer bridge was preferred. He said the final phase of the new draft EIR still needs to be certified within the next four to six months. After that, the final design process can begin. Mr. Laurent stated his optimistic time line is late 1997, with the environmental work to be done by mid-1995, 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1995 PAGE 10 design work by the end of 1995, and construction to begin in 1996. He said he would like to see the bridges moved somewhat to the east, in order to build the bridge as a piece. Mr. Laurent stated Caltrans argues that the bridge needs to have minimal environmental impact; therefore, building the bridge half by half would be preferable. Councilmember Crotzer asked Mr. Laurent if it would do any good to send a representative to the safety review board of Diablo Canyon to request additional monetary contributions? Mr. Laurent responded that verbally PG&E is willing to contribute financially to environmental mitigations that might be required; however, they have not committed anything on paper because they do not want the evacuation can of worms opened. Councilmember Anderson stated any true concern for preservation of the environment would be to not let this process keep repeating itself; nothing could be more unnatural than the dam effect that is now occurring. Mr. Laurent responded it would be an improvement for the environment to have a new bridge. Mayor Yates asked staff to respond to Mr. Laurent's environmental concerns. City Engineer Steve Sylvester responded he has heard negative declarations may lead to litigation; however, he does not agree with that statement. Mr. Sylvester noted there is always a potential for a lawsuit. He said it is the intention of staff, through the design process, to provide complete mitigation for any impacts that may occur in the construction process. Mr. Boucher remarked that the City has always been in the Coastal Zone and staff has experience in approaching projects within that zone. Mayor Yates asked Mr. Laurent if he will support the City in obtaining the lead agency status to get this project underway quickly? Mr. Laurent responded "absolutely"; he also would like to have the bridges replaced as soon as possible. Mr. Laurent stated he questions whether monies for bike lanes and pedestrians will be available within the next year, and whether environmental concerns can be waived and post -project mitigation can be accomplished. He said he did not mean to imply that an EIR or EIS grant immunity from lawsuits, what they do is demonstrate to the court that the documents are available for scrutiny and any legal challenge is considerably shortened. Mayor Yates asked for Mr. Laurent's assurance the City and County Board of Supervisors can get together quickly and agree to give Morro Bay lead agency status. He said the City has been unable to meet with the board for five months. Mr. Laurent responded it is the City's project and he was uncertain that anything else was necessary given the Memorandum of Understanding (MOU) already in place. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1995 PAGE 11 0 Mayor Yates stated the splitting of financial concerns is not in the MOU. He said the City cannot afford to build the bridges without federal funding. Mr. Laurent agreed and said neither entity could afford more money and neither could afford to have the project blow up on them. Mr. Boucher stated the environmental document should be certified within four to six months. He said Caltrans is no longer an obstruction but an advisory body and is now helping to facilitate the project. Mr. Boucher stated the project is crucial to the safety of both communities and the City is committed to doing what is right. Councilmember Crotzer asked for clarification on Proposition 116 funding for this project. Mr. Boucher responded within the resolution, there is a request for the California Transportation Commission to release the Proposition 116 money for construction. MOTION: Councilmember Crotzer moved Council approve Resolution No. 10-95 declaring emergency conditions at Twin Bridges. The motion was seconded by Mayor Yates and unanimously carried. (5-0) Mayor Yates asked Mr. Laurent to take the City resolutions passed tonight and place them on the County Board of Supervisors Consent Agenda so the project will be endorsed by the Board; Mr. Laurent concurred. MOTION: Mayor Yates moved Council approve Resolution No. 11-95 declaring priority status f or the Twin Bridges Replacement Project. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) MOTION: Mayor Yates moved Council request lead agency status for the Twin Bridges Replacement Project from the County of San Luis Obispo Board of Supervisors. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Councilmember Crotzer asked that a representative be sent to the safety meeting on evacuation routes in case of nuclear disaster at Diablo Canyon. Council concurred that a representative would be chosen to speak at the meeting. Mr. Boucher stated staff may have to come back with a structural analysis when bridge damage is assessed. Mayor Yates called for a break at 7:45 p.m.; the meeting resumed at 8:05 p.m. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1995 PAGE 12 is MOTION: Mayor Yates moved Council amend Resolution No. 10-95, first paragraph, from 40 year -old bridges to 48 year - old bridges. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 ORDINANCE NO. 441: AMENDMENT TO GARBAGE SERVICE PICK-UP TIMES IN CERTAIN VISITOR -SERVING AREAS OF THE CITY (SECOND READING/ADOPTION) City Administrator Dave Howell recommended Council conduct a public hearing and approve the second reading and adoption of Ordinance No. 441. MOTION: Councilmember Unger moved Council have Ordinance No. 441 read by number and title. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) Mr. Howell read Ordinance No. 441 by number and title. Mayor Yates opened the hearing to public comment; there was no public testimony and the hearing was brought back to Council. MOTION: Councilmember Unger moved Council adopt Ordinance No. 441. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) D-2 REVIEW OF 1994/95 ANNUAL WATER STATUS REPORT AND RECOMMENDATIONS FOR THE 1995/96 FISCAL BUILDING ALLOCATIONS Community Development Director Don Funk reviewed the annual water status report for fiscal year 1994-95 and recommended Council approve Resolution No. 13-95 approving the 1994-95 annual water progress report and adopting a water allocation program for fiscal year 1995-96. Councilmember Unger stated the Water Management Plan has been approved by the Coastal Commission and it behooves the City to adhere to that plan. She asked if it is possible to justify more than 70 units in 1995? Mr. Hunt responded the City must comply with Measure F, which allows 70 units plus 10% to catch up on past units not covered because of drought years. He said the staff report is consistent with Measure F, and, therefore, consistent with the Water Management Plan. Mr. Funk stated the City will continue to allocate water based on Council's decision last fiscal year, which was 38 single family and 39 multi -family units. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1995 PAGE 13 Councilmember Crotzer �stated he made the motion to approve 77 units last year, and the City is bound by Measure I, which allows the discretionary 10%; he said only a fraction of the 77 permits have been issued. Mayor Yates opened the hearing to public comment. Charles Palmer stated he provided Council with a letter explaining the difference between water production and consumption. He said an ongoing replacement project is needed for accuracy. Mayor Yates closed the hearing to public comment. MOTION: Councilmember Novak moved Council approve Resolution No. 13-95 approving the 1994-95 Annual Water Progress Report and adopting a Water Allocation Program for Fiscal Year 1995-96. The motion was seconded by Councilmember Anderson and carried with Councilmember Unger voting no. (4-1) D-3 CONSIDERATION OF WATERFRONT PARKING LOT IMPROVEMENTS - CDP 48-94/CUP 30-94 (CONCEPT PLAN) Planning and Building Director Don Funk summarized the staff report and presented graphics, and recommended Council approve the Concept Plan and direct staff to apply to the Coastal Commission for a Coastal Development Permit. He said if all goes well, the project should be completed by Summer of 1995. Public Works Director Bill Boucher stated Steve Sylvester of North Coast Engineering is beginning the design of the parking lot and was available for questions; Mr. Funk said that Mauricio Argente, the graphics artist, was also available for questions. Mayor Yates stated $348,000 seems like a lot of money for this project. Mr. Funk responded the estimate is $328,00 from the City Engineer which includes some contingencies; total construction cost is estimated at $378,000. He said the cost is increased because it is an area that is already developed and it is a sensitive area requiring special treatment. Councilmember Anderson stated he made a large contribution to the in -lieu parking fund; he would rather see his money go toward new parking and not re -striping an existing parking lot. Councilmember Unger stated she would like to pursue grants and fund the balance out of in -lieu parking fees. Mayor Yates opposed using in -lieu fees stating those fees should provide parking close to the project that paid the fees. 0 Councilmember Novak concurred with Mayor Yates. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1995 PAGE 14 0 Councilmember Crotzer stated the lot was not so far away from the businesses that it presented a problem in using in -lieu fees. Mayor Yates opened the hearing to public comment. Lynda Merrill stated the plan was terrific. She agreed with Mr. Funk that this area provided a great view and complimented the designer of the plan stating she would like to see it completed soon. Harry Rogers stated a more efficient parking lot is a gain of parking in any location. He said the existing parking lot is an eyesore and a disgrace to the City. Mr. Rogers stated the project needs to be done now, and not in the summer. John Barta expressed concern with the height of the trees; and said he was assured that trees would not go above the blufftop. Charles Palmer stated parking should be placed closer to where it is needed. Dean Tyler stated he owns the property adjacent to Beach Street, and expressed concern with drainage problems and removing access to the parking area. He said in -lieu fees should be used to generate parking closer to shops. Valerie Seymour asked about a public restroom in the proposed parking area? Mayor Yates responded a bathroom is to be included in the visitor -serving building, which is not part of Phase I. Ms. Seymour requested that buses and RVs not be allowed to park in the area, especially overnight. She said parking in -lieu fees should be used because additional parking is being provided. Mayor Yates closed the hearing to public comment. Mayor Yates stated he likes the concept; however, he is concerned with funding. He asked Harbor Director Rick'Algert if in -lieu fees could be used only for where new parking spaces were installed, and could the Harbor Fund be used for construction? Mr. Algert responded the fund balance would not be available until last fiscal year is closed out. He advised Council that this parking lot is a legitimate Tidelands Trust expense because the area falls in harbor fee lands subject to the Tidelands Trust by the City/County State Agreement of the 1960s. Mr. Algert said the parking in -lieu fee fund could be used as a capital project account and book a loan f rom that f und to the Harbor Fund, similar to the trolley project. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1995 PAGE 15 Councilmember Anderson asked if a loan from the in -lieu account can be obtained to build the parking lot and the new Harbor building and could repayment be pursued later? Mr. Algert responded priorities need to be made for next year's Harbor budget; there is not a lot of money available. He said debt service will start on the South T-Pier loan, and the Harbor Department is paying the City for a previous loan, which last year that amount was $105,000. Mr. Algert stated the Harbor Department has not completed the budget for next year as yet. Mayor Yates inquired on the balance of the DBW South T-Pier project loan, subtracting the Tidelands Park dock project. Mr. Algert responded Tidelands Park is $450,000; and there may be an additional $40,000 to $50,000 for engineering; when the project is completed, it will total about $1.8 million. He said there will be another $200,000 available to borrow from DBW, and they have indicated approval to amend the loan one more time. Mayor Yates asked about the dredge fund? Mr. Algert responded $700,000 has been set aside for the Harbor Entrance Improvement Project Reserve Account, and it appears the local agency cost share will be $500,000. Mayor Yates asked if $200,000 could be drawn from the DBW loan; and $200,00 from the harbor entrance improvement fund? Mr. Algert responded he is uneasy with using funds from the harbor entrance project, and would prefer that account remain intact until paperwork is received from the Army Corps of Engineers. Councilmember Unger expressed skepticism with spending money with the new finance director just on board, and would rather wait to see the financial status before making any decisions on the financing of this parking lot. Councilmember Novak stated this perhaps a combination of funding the project started now. is a much -needed project, and sources could be utilized to get Mayor Yates stated his priority is the construction of a new Harbor office building. He said there is existing parking now, and it is becoming clear that both cannot be accomplished. Councilmember Novak asked Mr. Algert if he planned to use the DBW money for the Harbor office building? Mr. Algert responded it is an option; however, it is doubtful that DBW will allow use of loan money for a parking lot because that money is to be used for boating uses. Mayor Yates stated he will not support the use of parking in -lieu fees for this parking lot. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1995 PAGE 16 Councilmember Crotzer stated both staff and Council assumed the parking in -lieu fees would be used for this project. Councilmember Novak said she would support the use of parking in - lieu fees for the "new" parking spaces in the lot. Councilmember Crotzer agreed with Councilmember Novak that parking in -lieu fees eould should be used for new parking spaces and other monies should come from some other source. He-wota-d He businesses further south on the Embarcadero. Councilmember Anderson stated if funding is available for this lot without giving up the new Harbor Office building, he would like to pursue it. He asked Mr. Algert if it was necessary to choose between the two? Mr. Algert responded the parking lot had been streamlined and pushed ahead in order to have it completed by this summer, and the only way to keep that schedule is to commit the parking in -lieu fees to fund the project. Mr. Howell asked Council if the project could be approved tonight in order for staff to begin the permit process, and then staff could come back with several options for funding. Mr. Funk stated the General Plan Circulation Element called for possible use of in -lieu fees for priority parking sites in the Parking Management Plan; that would provide the nexus from the Circulation Element. Mayor Yates stated it is clear that a business paying thousands of dollars in fees should have a parking area closer to that business. Councilmember Unger stated eventually there will be a situation where there is no parking close to a business paying in -lieu f ees. She said there is nothing on the Embarcadero that cannot be walked to. Mr. Howell suggested Council take no action tonight and let staff address these issues and come back to Council in two weeks with more information. Mayor Yates asked how many hours would be necessary to go through the permitting process in the next two weeks? Mr. Funk stated he has already worked with the Coastal Commission to get this item perceived as a priority. He would like to get the Concept Plan approved in order to take it to the Coastal Commission. Mr. Funk noted very little cost would be involved as the work is basically done. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1995 PAGE 17 Mr. Sylvester stated there are other costs involved in getting the project ready to bid in three to four weeks. He said approximately $15,000 to $20,000 would be needed to maintain a construction schedule. Councilmember Unger asked if they approved the Concept Plan and directed staff to apply to the Coastal Commission for the permit, would that be where the $20,000 was expended? Mr. Funk responded getting everything done and ready for bid would cost $20,000. Councilmember Unger stated the project has been pushed forward at Council's direction. She would not object to approving the Concept Plan and directing staff to apply for a Coastal Development Permit, and to incorporate that into Mr. Howell's suggestion to send staff back to the drawing board for financing options. Mayor Yates stated it is clear that the $20,000 would be spent to keep the project on a Memorial Day time schedule; and construction was unacceptable after Memorial Day. Councilmember Unger asked where the $20,000 was coming from? Mr. Algert responded that money has been approved from the parking in -lieu fee fund. Mayor Yates stated that was not acceptable; could the money come from the Harbor fund? Mr. Algert responded it was his ,understanding that project costs would be charged to parking in - lieu fees. He said Council could direct staff to transfer funds from the Harbor Fund to the parking in -lieu fund. Mayor Yates asked to bring this matter back to Council in two weeks to discuss financing of this project. MOTION: Councilmember Unger moved Council approve the Harbor Front Parking Lot Concept Plan; direct staff to apply to the Coastal Commission for a Coastal Development Permit; and return in two weeks with alternate financing options. The motion was seconded by Councilmember Novak. Councilmember Novak stated she would like to move the information building to the marine recycling area. Mr. Funk suggested a plan be brought back with alternate locations for the information building; however, that is not a part of tonight's decision. Councilmember Crotzer asked for clarification on the rationale regarding placement of the information building? Mr. Funk responded it had been intended as a multi -purpose facility, including covered seating and a public restroom. He said it is is MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1995 PAGE 18 intended to catch the eye of tourists so they will stop for information on restaurants and shops, and its location will soften and somewhat hide PG&E; however, staff can make provisions for possible building -site repositioning. Councilmember Unger called for the question. The motion unanimously carried. (5-0) Mayor Yates called for a break at 9:45 p.m.; the meeting resumed at 10:00 p.m. D-4 ORDINANCE NO. 442 AMENDING CHAPTER 2.24 (RECREATION & PARKS COMMISSION); CHAPTER 2.28 (PLANNING COMMISSION); AND CHAPTER 15.48 (HARBOR ADVISORY BOARD) OF THE MORRO BAY 14UNICIPAL CODE - FIRST READING AND INTRODUCTION City Administrator Dave Howell reviewed Ordinance No. 442 and recommended Council introduce and read Ordinance No. 442 by title and number and approve the ordinance for first reading. Mayor Yates opened the hearing to public comment; there was none and the hearing was closed to public comment. MOTION: councilmember Unger moved Council have ordinance No. 442 read by title and number. The motion was seconded 0 by Mayor Yates and carried unanimously. (5-0) Mr. Howell read Ordinance No. 442 by title and number. MOTION: Councilmember Unger moved Council approve Ordinance Mo. 442 for first reading. The motion was seconded by Councilmember Novak and carried unanimously. (5-0) D-5 CONSIDERATION OF THE WATERFRONT SPECIFIC PLAN This item was continued to the Special Council Meeting of February 1, 1995. D-6 CONSIDERATION OF PARKING MANAGEMENT PLAN This item was continued to a future Special Council Meeting. B-1 RESOLUTION NO. 07-95 CREATING THE PUBLIC WORKS ADVISORY BOARD AND RESCINDING RESOLUTIONS IN CONFLICT City Administrator Dave Howell reviewed the formation of the Public Works Advisory Board and recommended Council adopt Resolution No. 07-95 establishing the Public Works Advisory Board, and rescinding resolutions in conflict. is MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1995 PAGE 19 Councilmember Anderson suggested modifying the term expiration to January 31st; with a turnover of four members being replaced in 1997 and three members in 1996; he said this way the changeover would not take place within two weeks after new Councilmembers are seated and would allow new Councilmembers to have input in filling the vacancies. Councilmember Crotzer stated the original idea was to have terms expire in the summer, so new members would not have to be sought during the holidays. Mayor Yates stated January 31st provides breathing room and also allows Council to make the choices; he suggested a compromise of January 31, 1997 and 1998. Councilmember Crotzer stated he is inclined to support this resolution to be written in a way not to totally pack the commissions. He said he will not support the change because it makes it more of a political football. MOTION: Mayor Yates moved Council approve Resolution No. 07-95 with revision to Finding No. 4 as follows: The initial terms of four members shall expire January 31, 1998, and, the terms of three members shall expire January 31, 1997.11 The motion was seconded by Councilmember Novak and carried with Councilmember Crotzer voting no. (4-1) B-2 RESOLUTION NO. 06-95 ADOPTING GUIDELINES FOR SELECTION OF ADVISORY BOARD MEMBERS AND SETTING DATE FOR INTERVIEWS (JANUARY 30, 1995) City Administrator Dave Howell reviewed the guidelines for selection of advisory board members and recommended Council approve Resolution No. 06-95 adopting guidelines for selection of advisory board members. He noted the expiration given in Item No. 6 of the guidelines is June 30th, and Council may want to revise that to January 31st. MOTION: Councilmember Unger moved Council approve Resolution No. 06-95 with the change in No. 6 of the policy statement changing the expiration date to January 31st. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) B-3 CONSIDERATION OF WEATHER WARNING FLAGS AND POLICY Harbor Director Rick Algert stated he has received an offer from the Morro Bay Commercial Fishermen's Association to donate and install a weather warning flag pole and flags on the North T- Pier. He requested direction from Council in order to work with the association and finish the project within 45 days. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1995 PAGE 20 0 Councilmember Novak stated recreational as well as commercial fishermen will benefit from these flags. Mayor Yates concurred. Councilmember Anderson asked about potential litigation referring to the boating accident several years ago involving school children; it was suggested that Harbor Masters be given authority to close harbors. He asked what if the harbor is not closed and something happens? City Attorney David Hunt responded the City could be sued for assuming a duty that it does not have; however, if it is done right, the City will not be sued. He noted this is just a warning system based on information provided by the weather service, and there is no way to mitigate the risk as it provides a service to the community and boating public. Mr. Hunt stated the way to solve the problem is to get the legislature to adopt an immunity stating that cities cannot be sued if it does not do it right; he would urge the City take action in that direction. He said reality is the City should be immune. Mayor Yates concurred and recommended the City should pursue that course. Councilmember Novak stated the warning flags should be installed, and then legislation can be pursued. Mayor Yates pointed out that many port cities provide this service. MOTION: Councilmember Novak moved Council work with the Morro Bay Commercial Fishermen's Association to install a weather warning flagpole and flags at the North T-Pier. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) MOTION: Mayor Yates moved Council direct the Harbor Department to post notices regarding the weather warning flags be placed at the launch ramp, fuel docks, T-Pier bulletin boards, and any new bulletin boards where mariners may gather. The motion was seconded by Councilmember Novak and carried unanimously. (5-0) MOTION: Mayor Yates moved Council direct staff to install a new phone line and answering machine in the Harbor office to provide a recorded daily weather surf message to be operational the day the warning flags are installed. The motion was seconded by Councilmember Novak and carried unanimously. (5-0) E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1995 PAGE 21 B-4 CONSIDERATION OF REPLACEMENT OF HARBOR OFFICE BUILDING Harbor Director Rick Algert reviewed site plans and preliminary elevations provided by architect Jim Maul stating ADA regulations require two stairways and an elevator. He noted the height will be approximately 40 feet which will enable the department to have a good view of conditions in the bay and harbor. Councilmember Crotzer asked why the elevator is located in the center of the building? Mayor Yates asked why there had to be an elevator when the Coast Guard building does not have one? Councilmember Unger commented the elevator opens away from the receptionist and asked if the elevator can be placed on the outside instead of the center of the building? Mr. Algert responded it is unfortunate the elevator opens that way; however, according to ADA regulations, work space must be made available to handicapped people. Mayor Yates asked Mr. Algert about the second floor offices. Mr. Algert responded that second -floor visibility was great for everybody. Mayor Yates said that $40,000 was appropriated last budget cycle for architectural site plan and engineering and recommended Council direct staff to get the RFP's and the project rolling. He said this project could be completed by the end of 1996. Mr. Algert stated he will create a Request for Proposals and send it out to all architects who have shown interest. He said usually a selection committee is appointed to review the proposals and an architect is hired. MOTION: Mayor Yates moved Council direct staff to proceed with design work for construction of a new Harbor Department Office building, and issue a Request for Proposals for architectural services, and state the goal is to build the building within the next 24 months. The motion was seconded by Councilmember Novak and unanimously carried. (5-0) B-5 DISCUSSION ON TOTAL RECYCLING CONCEPT This item was pulled from the agenda. B-7 RESOLUTION NO. 08-95: CONSIDERATION OF FINAL ADOPTION OF WATER MANAGEMENT PLAN This item was pulled from the agenda. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1995 PAGE 22 B-8 DISCUSSION ON ACQUISITION OF EXCESS ENTITLEMENT TO STATE WATER PROJECT Public Works Director Bill Boucher stated acquisition of portions of San Luis Obispo County's excess entitlement to the State Water Project promises to provide for higher delivery reliability to the community and further reduce dependence upon groundwater resources in the Morro and Chorro Valleys. He recommended Council direct acquisition of excess entitlement from the County under the most favorable and equitable terms possible and return to Council for ratification and execution of an agreement. Councilmember Crotzer expressed concern with requesting additional State Water from the County by appearing before the County Board of Supervisors. Mayor Yates recommended Council direct staff to negotiate the best deal they could for Morro Bay and bring it back to Council for approval. He said there is a considerable amount of money involved; the County wants cash and the City wants long-term payments, and a negotiation process must be done. Councilmember Unger stated she will support obtaining excess entitlement, but it will have to be for the right price and at the right terms. Councilmember Crotzer stated the pipeline will not permit additional water to be pumped. He asked if the City could obtain a bargain, would there be money left over for reclamation, an enhanced desalination plant, or incorporating flash distillation? Mr. Boucher responded the cost is approximately $40,000 per year, but it does not seriously impact the ability to do other things, and it will not curtail the construction of other capital facilities. MOTION: Mayor Yates moved Council direct the City Administrator negotiate with the County of San Luis Obispo for acquisition of excess entitlement under the most favorable and equitable terms possible and return to City Council for ratification and execution of an agreement. The motion was seconded by Councilmember Anderson and carried with Councilmember Crotzer voting no. (4-1) B-9 RESOLUTION NO. 12-95 ACCEPTING DEDICATION OF A GRANT DEED FROM PAUL AND GERALDINE PRICE AS TRUSTEES OF THE PAUL AND GERALDINE PRICE 1990 TRUST ON THE MIMOSA STREET ASSESSMENT DISTRICT Public Works Director Bill Boucher read the resolution. 0 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 23, 1995 PAGE 23 MOTION: Councilmember Unger moved Council approve Resolution No. 12-95 accepting dedication of a Grant Deed from Paul and Geraldine Price as trustees of the Paul and Geraldine Price 1990 Trust on the Mimosa Street Assessment District. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) C. NEW BUSINESS - NONE. F. ADJOURNMENT MOTION: Councilmember Crotzer moved The motion was seconded by unanimously carried. (5-0) The meeting adjourned at 10:50 p.m. Recorded by: Bridgett Bauer City Clerk the meeting be adjourned. Councilmember Novak and 0 mc3rrx(�—]E C)IF M1EE:rrxMC=- NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Thursday, January 19, 1995 at 6:00 p.m. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California. Council will be reviewing the agenda of the Morro Bay/Cayucos Sanitary District Joint Powers Authority which will follow this meeting at 7:00 p.m. at 201 Cayucos Drive, Cayucos, California. DATED: January 18, 1995 WILLIAM YATES, Maor City of Morro Bayu California 0 0 MC)9PXC:!1E C>V .431P]E(�—XA,3L. MIElErrXMC7. NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Wednesday, January 18, 1995 in the Morro Bay Veteran's Memorial Building, 209 Surf Street, Morro Bay, California, to discuss topics in open forum (Town Hall Meeting). DATED: January 13, 1995 114 WILLIAM YATES, ayo�al M ��fornia City of Morro Bay, 11 0 MINUTES TOWN HALL MEETING JANUARY 18,1995 VETERANS HALL Mayor Yates called the meeting to order at 6: 10 p.m. Present: Mayor Yates Councilmember Anderson Councilmember Crotzer Councilmember Novak Councilmember Unger Mayor Yates opened meeting by thanking the audience for attending this meeting. Before opening the meeting for public comment, the staff was introduced by the. Mayor. Mayor Yates stated his personal agenda priorities as follows: 1. Striving for more friendly city government. 2. Streamline permit process (one stop shopping). 3. Parking as a high priority. 4. Committing to a redevelopment agency, The Mayor then reviewed last year's meeting and the progress and programs which have developed because of that meeting. The meeting was then opened for public comment. Roger Ewing stated he would like to see the following items implemented during the next year. 1. An emergency medical rlini established in Morro Bay. 2. A working, state -of -the art, boat yard with haul out facility. 3. Bull horns for Harbor Patrol. 4. Emergency telephones along Highway 1 between San Luis Obispo and Morro Bay. 5. Asked for support from local citizens for the theater group recently formed in the City. 6. Would like to see the City become more user friendly. landscaping. Also requested a notice board be placed at Young's market in north Morro Bay - Bill Roflowski stated he would like to suggest: 1. Cats licensed and spayed or neutered. 2. No rerouting of Coleman Dr. 3. Development of a haul out facility 4. No parking garage on Atascadero Road 5. Have trolley available year-round. 6. Abolish the Consent Agenda at the City Council Meetings to give public more input. 7. More ad hoc committees. 8. Stated City staff salaries should be same as teachers. Terry Halsebus commented on problems he has had with Public Work and Planning Department regarding obtaining water and sewer to vacant lot he owns. Jane VonKogh commented on the number of abandoned cats in Morro Bay; would like to see cars prohibited on Embarcadero and lighted tennis courts at Del Mar park. Gary Holdstock suggested a walk bridge over Highway I from Main St. to coastal area. Also suggested a launch area at Target Rock; multi -use area of Bay. Questioned the Cloisters project allowing 2 story house and was unaware of the actions which have taken place regarding this project. Also, would like to have a junior government program in the City. Mayor Yates asked Community Development to place site plans of various large projects in the lobby of the Veterans Bldg. for public review. Jim Woods supports the suggestion of a boat yard; stated City should purchase the King property and suggested the old oil tanks be used for water storage. Ernie Miller stated he is in the concept stage of forming an economic group in the area. Would like to see this coordinated with Destination 2000 findings and have Community join in to work on the project. Linda Donnelly suggested that one-way streets be abolished; suggested a public telephone be installed near the theater; and also asked that a bike rack be placed near the theater. Bill Meyer stated he would encourage the haul out facility and felt it was needed to encourage people to use Bay. Irvine Shore expressed his feelings regarding the recent action taken by the Council regarding Planning Commission. Mayor Yates replied to Mr. Shore's comments and explained why the action was taken. Frank St. Denis also commented on Mr. Shore's statements and then stated that he would encourage staggering the terms of the various boards to allow over -lapping of personnel on these bodies. Councilmember Unger commented on newspaper article regarding reorganization of Advisory Boards. Stated this was a way to down -size, re- organize and utilize staff time more effectively. Janice Peters former Planning Commi sioner commented on the reorganization of the Planning Commi sion. She also presented the following ideas for future planning. 1. Annual swap -meet for local citizens. 2. Park for dogs to run free. 3. Second movie theater The Mayor asked the Director of Recreation and Parks to follow up on the first two items. Ann Freeman complimented the out -going Planning Commission for their participation in approving projects in the City. She also stated the City needed: 1. More parking atndelands Park 2. Need to develop more boat launches. 3. Need for additional parking. Ros Rogoff stated there were no phone jacks at Veterans Hall and this prevents meetings from being broadcasted from this facility. Also commented that she was in favor of a boat yard and wants to see Twin Bridges repaired or replaced. Lynda Merrill presented a plan for improvement of the street end of Driftwood St. This plan calls for a simple overlook with stairway and Jack Hansen remarked about traffic on Embarcadero and stated it was in conflict with fishermen. Also stated he felt the bicycle and surrey traffic along the Embarcader were dangerous. Asked if a miniature golf course could be developed along Quintana? Imogene Hadet requested that Dial -A -Ride be available on weekends. Stated this was the only transportation for many of the seniors who live in the City. Dave Tope also commented on the Dial -A -Ride and stated he felt it should be available everyday. Council closed the meeting with the following comments: Councilmember Colby commented on the lighted tennis courts and skateboard park at Del Mar Park stating these were a results of last years meeting. Remarked that there still is a need for bike lane stripping. Suggested mandating recycling and use of orange bags and using golf -carts on City streets as mini-taids. Remarked on a new Western City policy of passing attorney fees to developers. Councilmember Novak stated she was in favor of total recycling and would like to see a community compost center established. Also in favor of the haul out facility and enlarging the boat storage facility. Also stated weather warning flags was high on her agenda. Remarked she would like to see a Community pool built in Morro Bay, Councilmember Unger stated her personal agenda was the formation of an Economic Development Commission; also streamling the Planning process; need an understandable budget with quarterly reports available to the public. Remarked the city should have a "can do" attitude. The meeting adjourned at 8:45 p.m. Recorded by: z�g, J-/� e Dolores Dablin Deputy 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - JANUARY 9, 1995; 5:15 P.M. CLOSED SESSION - JANUARY 9, 1995 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 and specifically: In the Matter of Jim and Margie George Bankruptcy, Central District of California Bankruptcy Court, Northern Division; In the Matters of Valenzuela and San Simeon Landing Bankruptcies, Central District of California Bankruptcy Court, Northern Division. E-2 GOVERNMENT CODE SECTION 54957, PERSONNEL Discussions regarding personnel issues including one public employee regarding discipline/release/evaluation. E-3 GOVERNMENT CODE SECTION 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 as to one parcel. PUBLIC SESSION - JANUARY 9, 1995 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 6 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 wi,thout discussion. 401 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF NOVEMBER 28, 1994 AND - DECEMBER 12, 1994, AND SPECIAL MEETING OF DECEMBER 6, 1994 1 * 2 RESOLUTION NO. 01-95 AWARDING BID FOR SMOG CHECK PROGRAM; (PW 1-94) A-3 RESOLUTION NO. 03-95 ESTABLISHING PROHIBITION OF ON -STREET PARKING; PORTION OF ELENA STREET A-4 RESOLUTION NO. 02-95: TRANSPORTATION DEVELOPMENT ACT CLAIM FOR FISCAL YEAR 1994/95 A-5 PROCLAMATION COMMENDING RETIREMENT OF PAUL RANKIN A-6 CITY CONTRACT WITH SAN LUIS OBISPO COUNTY NARCOTICS TASK FORCE A-7 REJECTION OF CLAIM AGAINST THE CITY; (NORDIN/TRAVERS) B. UNFINISHED BUSINESS - NONE C. NEW BUSINESS C-1 CONSIDERATION OF COUNCIL DISCRETIONARY APPOINTMENTS C-2 CONSIDERATION OF MEMBERSHIP MAKE UP (CURRENT AND FUTURE); TERMS OF OFFICE; CONSOLIDATION OF COMMISSIONS AND ADVISORY BOARDS; ADVERTISE COMMISSION AND ADVISORY BOARD VACANCIES; AND SET DATE FOR INTERVIEWS C-3 DISCUSSION ON SOUTH BAY BOULEVARD IMPROVEMENTS W4 CONSIDERATION OF WEATHER WARNING FLAGS AND POLICY C-5 CONSIDERATION OF PG&E AGREEMENT WITH CITY FOR FIRE SERVICES C-6 DISCUSSION ON TOTAL RECYCLING CONCEPT D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 ORDINANCE NO. 441: AMENDMENT TO GARBAGE SERVICE PICK-UP TIMES IN CERTAIN VISITOR -SERVING AREAS OF THE CITY (FIRST READING/INTRODUCTION) D-2 RESOLUTION APPROVING THE MAJOR VEGETATION REMOVAL, REPLACEMENT AND PROTECTION GUIDELINES D-3 CONSIDERATION OF THE WATERFRONT SPECIFIC PLAN 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. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LUST 24 HOURS PRIOR TO THE MEETING TO INSURE MAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 2 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JANUARY 9, 1995 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: William Yates Mayor Rodger Anderson Councilmember Colby Crotzer Councilmember Cathy Novak Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Dave Howell City Administrator David Hunt City Attorney CLOSED SESSION MOTION: Councilmember Crotzer moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Novak 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 5:50 p.m. MOTION: Councilmember Anderson 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 - JANUARY 9, 1995 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. PRESENT: William Yates Mayor Rodger Anderson Councilmember Colby Crotzer Councilmember Cathy Novak Councilmember Ahnawake Unger Councilmember ABSENT: None ri 11 F- IL MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1995 PAGE 2 STAFF: Dave Howell David Hunt Rick Algert Bridgett Bauer Bill Boucher Don Funk Jeff Jones Jim Koser Joe Loven Andrea Lueker City Administrator City Attorney Harbor Director City Clerk Public Works Director Community Development Director Fire Chief Finance Director Police Chief Recreation and Parks Director Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP City Attorney David Hunt presented the Lighten Up this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates welcomed new Finance Director Jim Koser who started work on January 3, 1995. Mayor Yates announced the bid on the Veteran's Memorial Building rehabilitation will begin soon, and the project will continue for six months. Mayor Yates reported that students at Del Mar School have been lobbying for a telephone booth in Del Mar Park; he and Ms. Lueker have worked for some time with the telephone company and a public telephone will be installed soon for security purposes. Mayor Yates stated the City will receive a $7,500 grant from Unocal to put steps down to the water at Tidelands Park; presently, children climb over the rocks to the water's edge. Mayor Yates invited the public to the Town Hall meeting on January 18, 1995 at 6:00 p.m. in the Veteran's Memorial Building. Mayor Yates also invited the public to view the new Harbor Patrol boat. F" —I-y"exa—Tol; 17Y ton Roger Ewing addressed Item C-2 (Consideration of Membership Make Up (Current and Future); Terms of Office; Consolidation of Commissions and Advisory Boards; Advertise commission and Advisory Board Vacancies; and Set Date for Interviews) and urged this item be agendized as a Public Hearing in order to receive public input. He also stated participants on any advisory board should be a resident of the City of Morro Bay. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1995 PAGE 3 Lynda Merrill asked if testimony on the Waterfront Master Plan would be limited to the Rock and bridge section as was indicated in the staff report; Mayor Yates responded it would be preferable to focus on the boat ramp at this meeting. Ms. Merrill also stated Councilmember Anderson was incorrect in his statement that the library had been built with grant monies; she clarified it was funded with donations. J0 L. Merriman stated his opposition to the proposed boat ramp in the northern part of the harbor. John Barta addressed the State Water Agreement with the County stating he hopes Council will keep the pressure on with regard to the delivery of a buffer which is very cost effective. He said it appears that deliveries will be more stable than in the past, and there will be the option of buying water. B. Rohan stated she has represented Morro Bay on the County Transportation Commission for nine years and recommended Bill Reynolds be appointed as the City's representative and she will serve as alternate. Mayor Yates closed the hearing to public comment. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Crotzer stated Council passed Resolution No. 24-94 in March 1994 supporting Assembly Bill 2444 which protects California's coastline from increased offshore oil and gas development. He said there has been an extension until February 1, 1995 to inform the federal government if anyone is interested in having the federal moratorium extended or lifted. Councilmember Crotzer requested this matter be agendized for January 23, 1995 in order to revise Resolution No. 24-94 regarding the three-mile protection zone. Mayor Yates requested an item be agendized to discuss the issue of funding replacement trees on public property. He said when a public tree comes down during a storm, there is no present policy to replace it. Councilmember Crotzer requested, along with Mayor Yates' request, to add that State Parks employees dispose of infected trees by the golf course in order to halt the further spread of disease. unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. N MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1995 PAGE 4 A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF NOVEMBER 28, 1994 AND DECEMBER 12, 1994, AND SPECIAL MEETING OF DECEMBER 6, 1994 Mr. Howell recommended Council approve the minutes for the Regular Meetings of November 28, 1994 and December 12, 1994, and the Special Meeting of December 6, 1994 as submitted. A-2 RESOLUTION NO. 01-95 AWARDING BID FOR SMOG CHECK PROGRAM; (PW 1-94) Mr. Howell recommended Council award the vehicle smog check program bid to the apparent lowest bidder, Morro Bay Shell, and authorize the Mayor to sign Resolution No. 01-95. A-3 RESOLUTION NO. 03-95 ESTABLISHING PROHIBITION OF ON -STREET PARKING; PORTION OF ELENA STREET Mr. Howell recommended Council adopt Resolution No. 03-95 authorizing the installation of red curb markings adjacent to 456 Elena Street. A-4 RESOLUTION NO. 02-95: TRANSPORTATION DEVELOPMENT ACT CLAIM FOR FISCAL YEAR 1994/95 Mr. Howell recommended Council approve the City's fiscal year 1994/95 claims for Local Transportation Fund monies in the amounts of $206,490 (local), $57,965 (regional), and $3,847 (local bike/pedestrian projects). Mr. Howell further recommended Council approve the City's fiscal year 1994/95 claim for State Transportation Authority monies in the amount of $18,107 and authorize the Mayor to sign Resolution No. 02-95. A-5 PROCLAMATION COMMENDING RETIREMENT OF PAUL RANKIN Mr. Howell recommended Council adopt the proclamation commending retirement of Officer Paul Rankin. A-6 CITY CONTRACT WITH SAN LUIS OBISPO COUNTY NARCOTICS TASK FORCE Mr. Howell recommended Council give notice to the Narcotics Task Force that it will withdraw from the task force effective July 1, 1995. A-7 REJECTION OF CLAIM AGAINST THE CITY; (NORDIN/TRAVERS) This item was pulled from the agenda. Mayor Yates pulled Item A-1 (Minutes of December 12, 1994 City Council meeting) from the Consent Calendar; Councilmember Unger pulled Item A-4. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1995 PAGE 5 0 MOTION: Councilmember Unger moved Council approve the Consent Calendar with the exception of Items A-1, A-4, and A-7. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF NOVEMBER 28, 1994 AND DECEMBER 12, 1994, AND SPECIAL MEETING OF DECEMBER 6, 1994 Mayor Yates and Councilmember Crotzer made revisions to the following pages of the minutes for the regular City Council meeting of December 12, 1994: page 9 (second paragraph); and page 10 (response to Linda Donnelly's question); page 14 (first paragraph). Mayor Yates requested the revised minutes be returned to Council for approval on January 23, 1995. MOTION: Councilmember Crotzer moved Council approve the minutes of November 28, 1994 and December 6, 1994. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) A-4 RESOLUTION NO. 02-95: TRANSPORTATION DEVELOPMENT ACT CLAIM FOR FISCAL YEAR 1994/95 Councilmember Unger requested clarification to the statement ... the amount claimed is the maximum amount justified by this year's City budget and may not be the amount ultimately approved by the funding agency". Public Works Director Bill Boucher responded San Luis Obispo Council of Governments based the funding amount on the historic funding level. Mr. Boucher is requesting the maximum amount justified by the City's current budget which may or may not be approved. MOTION: Councilmember Unger moved Council approve Resolution No. 02-95 approving claims for Transportation Development Act funding for Fiscal Year 1994/95. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) B. UNFINISHED BUSINESS - NONE C. NEW BUSINESS C-1 CONSIDERATION OF COUNCIL DISCRETIONARY APPOINTMENTS City Administrator Dave Howell reviewed the list of Council discretionary appointments and requested Council fill the necessary vacancies. 9 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1995 PAGE 6 Council made the following appointments: CITY TRANSIT AD -HOC COMMITTEE - Mayor Yates COUNCIL SUBCOMMITTEE ON EMPLOYEE GRIEVANCES - Councilmember Unger and Councilmember Crotzer COUNTY CITIZENS' TRANSPORTATION ADVISORY COMMITTEE Reynolds (member); B. Rohan (alternate) COUNTY SOLID WASTE TASK FORCE - Councilmember Novak Bill Boucher (alternate) COUNTY WATER ADVISORY BOARD - Councilmember Anderson Bill Boucher (alternate) SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY - (delegate); Councilmember Unger (alternate) SAN LUIS OBISPO AREA COORDINATING COUNCIL - (delegate); Councilmember Unger (alternate) TECHNICAL TRANSPORTATION ADVISORY COMMITTEE - Bill CMC CITIZENS' ADVISORY COMMITTEE - David Elliott JOINT CITIES/COUNTY/SCHOOL DISTRICT ADVISORY Councilmember Crotzer and Dave Howell COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY Novak (member); Bill Boucher (alternate) - Bill (member); (member); Mayor Yates Mayor Yates Boucher COMMITTEE - councilmember ECONOMIC OPPORTUNITY COMMISSION - Councilmember Crotzer C-2 CONSIDERATION OF MEMBERSHIP MAKE UP (CURRENT AND FUTURE); TERMS OF OFFICE; CONSOLIDATION OF COMMISSIONS AND ADVISORY BOARDS; ADVERTISE COMMISSION AND ADVISORY BOARD VACANCIES; AND SET DATE FOR INTERVIEWS City Administrator Dave Howell reviewed various options for Council's consideration regarding the make up of the various City Boards and Commissions. He asked Council to review these options, direct staff to advertise the vacancies if so desired, and set dates to interview for the vacant positions. Mayor Yates stated he is in support of staff's recommendation to combine boards in order to save staff time and streamline membership. He said an inordinate amount of staff time is spent preparing staff reports, only to have the meetings continually cancelled. Mayor Yates added combining these boards will be more effective and a benefit to the community. Councilmember Crotzer stated those who have been participating on the boards need to be informed that their contributions are welcome. He said participatory government has been a hallmark of the Council and it is important to maintain. Councilmember Anderson stated if the Public Works advisory boards are combined, a variety of different issues would come under the same umbrella and more people would be interested in attending the meetings. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1995 PAGE 7 Councilmember Novak would be supportive in combining the Public Works advisory boards. She agreed with Councilmember Anderson that consolidation would encourage citizen participation. Councilmember Unger asked what boards were required by law; Mr. Howell responded the City Council and Planning Commission. Councilmember Unger stated support for consolidation of the Public Works advisory boards. Mayor Yates recommended dissolving the Water Advisory Board, Streets and Trees Committee, Franchise Advisory Board, and Transportation Advisory Board, and appointing seven members to a master advisory board. He stated the City should invite current members to apply for the master advisory board. Councilmember Crotzer felt that would turn the issue into a political football, and he would like to find a happy medium. He stated he would prefer forming two boards. Councilmember Unger stated she has found that any committee with more than seven members is not able to reach decisions. MOTION: Councilmember Anderson moved Council appoint a Master Advisory Board combining the four Public works advisory boards and have it consist of seven members. The motion was seconded by Councilmember Unger and carried with Councilmember Crotzer voting no. (4-1). Councilmember Crotzer requested a discussion regarding how members of this master advisory board would be selected. He stated he would like people who think differently chosen to serve on the board. Councilmember Unger predicted there would be many instances when subcommittees of the Master Advisory Board would be necessary, and does not see limiting participation as an issue. Councilmember Anderson encouraged citizens to apply to the board who are knowledgeable in these matters. He said he has personally been on committees in the past that were dissolved when there was a new regime; he re -applied and was re -appointed. Mayor Yates requested staff draft letters immediately to all committee members to let them know what is going on and to thank them for their service, and invite them to apply for the Master Advisory Board. Mr. Howell stated it would be appropriate for staff to bring back a resolution to create this board at the next meeting. 11 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1995 PAGE 8 Mayor Yates responded he would give greater weight to those people currently serving; however, Council should have the freedom to choose without restriction. Council concurred that the two -term limit should be removed, and the board should be comprised of residents of the City of Morro Bay. MOTION: Councilmember Unger moved Council abolish the term limits for all advisory boards. The motion was seconded by Councilmember Novak and passed unanimously. (5-o) Mr. Howell suggested staggering the advisory board terms to one, two, and three year terms. Mayor Yates agreed that staggered terms makes sense and in a year that can be changed to one and two years, which will cause the board to turn over every year; council concurred. Mayor Yates asked for a discussion on the Harbor Advisory Board, Recreation and Parks Commission, Community Promotions Committee, and Planning Commission. Councilmember Anderson stated there has been little problem in the community regarding the Harbor Advisory Board, Community Promotions Committee, and Recreation and Parks commission. Councilmember Anderson stated the perception of the Planning Commission is a stumbling block for many people who feel they are going through an architectural review board rather than a Planning Commission. Councilmember Anderson recommended terminating the existing Planning Commission. Mayor Yates and Councilmember Novak agreed with Councilmember Anderson, adding the Planning Commission should be moving in the same direction as the City Council. Councilmember Crotzer stated have been well noted. He perceived as an obstacle, it Councilmember Crotzer stated Commission to be independent community -at -large. the Planning Commission's efforts said if the Planning Commission is is not the fault of the Commission. it was the duty of the Planning and to take its direction from the Mayor Yates stated the intent is to go by the book, which consists of zoning laws and building codes; however, the existing Planning commission goes beyond that. He said he would support a Planning commission that is progressive and wants to move forward and operate by the book. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1995 PAGE 9 Councilmember Anderson stated the Planning Commission should be a review board with their votes reflecting compliance with the law and not whether members like a project or not. Councilmember Unger stated she has received numerous complaints in regards to the process of the Planning commission and the Planning Department. She said there are archaic rules in the zoning ordinance, and if the Planning Department is to become user-friendly and people -friendly, the big picture needs to be looked at including the zoning section of the Municipal Code and every other element. Councilmember Unger stated this particular Planning Commission does not reflect the policy making of this new Council and she would be inclined to follow Council's decision. MOTION: Councilmember Anderson moved council declare the existing Planning Commission seats vacant and advertise for applications to appoint a new Planning Commission. The motion was seconded by Councilmember Novak. Councilmember Crotzer asked for a legal opinion regarding taking an item from the New Business portion of the agenda and hearing it as a Public Hearing item to allow for public input before Council votes on it. Mr. Hunt responded that motion must be considered before any other action is taken. In order to hear this matter as a Public Hearing item, Council would need to suspend the rules, which would require a super majority of the board or a motion could be made to continue or table the motion under consideration. if it is continued, then a subsequent motion could be made to suspend the rules and open the issue for public comment which would require a four -fifths majority. MOTION: Councilmember Crotzer moved Council postpone this issue in order to obtain a four -fifths vote to open this matter as a Public Hearing item. The motion failed for lack of a second. Councilmember Anderson called for the question. The motion carried with Councilmember Crotzer voting no. (4-1) Mr. Hunt asked if the City Council will sit as the Planning Commission until a new commission is appointed. Mayor Yates responded that Council will sit as the Planning Commission at the next regular meeting of January 17, 1995. Mayor Yates called for a break at 7:50 p.m.; the meeting resumed at 8:15 p.m.. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1995 PAGE 10 C-3 DISCUSSION ON SOUTH BAY BOULEVARD IMPROVEMENTS This item was continued to the January 23, 1995 City Council meeting. C-4 CONSIDERATION OF WEATHER WARNING FLAGS AND POLICY This item was continued to the January 23, 1995 City Council meeting. C-5 CONSIDERATION OF PG&E AGREEMENT WITH CITY FOR FIRE SERVICES This item was pulled from the agenda. C-6 DISCUSSION ON TOTAL RECYCLING CONCEPT This item was continued to the January 23, 1995 City Council meeting. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 ORDINANCE NO. 441: AMENDMENT TO GARBAGE SERVICE PICK-UP TIMES IN CERTAIN VISITOR -SERVING AREAS OF THE CITY (FIRST READING/INTRODUCTION) Public Works Director Bill Boucher reviewed the amended ordinance No. 441 to permit garbage pickup from 7:00 a.m. through 7:00 p.m., Monday through Sunday, throughout the City. He recommended Council conduct a public hearing and approve the first reading of Ordinance No. 441 by number and title. Mayor Yates opened the hearing to public input. Charles Palmer suggested weekend trash pickup begin at 8:30 a.m. to give motel visitors a chance to sleep in. Roger Ewing agreed that 7:00 a.m. is too early to be rudely awakened by a garbage truck; he also suggested scheduling a later pickup time on the weekends. Mayor Yates closed the hearing for public comment. MOTION: councilmember Unger moved Council have ordinance No. 441 read by number and title. The motion was seconded by Councilmember Anderson and unanimously carried. (5- 0) 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1995 PAGE 11 City Administrator Dave Howell read Ordinance No. 441 by number and title. MOTION: Councilmember Unger moved Council approve Ordinance No. 441 for first reading and introduction. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) D-2 RESOLUTION APPROVING THE MAJOR VEGETATION REMOVAL, REPLACEMENT AND PROTECTION GUIDELINES Community Development Director Don Funk reviewed the revised Draft Major Vegetation Removal, Replacement and Protection Guidelines. Councilmember Crotzer stated Council voted to delete oak trees four inches in diameter; however, if a citizen removes an oak tree, he is subject to penalties by the State of California. Mr. Funk stated the proposed definition in the Draft Major Vegetation guidelines no longer includes trees larger than six inches in diameter and four feet above the ground; this will eliminate the need for property owners to secure a tree removal permit prior to removing most trees. He said there are differing regulations throughout the state; noting, if the state disagrees with the City's definition, it could find the City is not in compliance with its Local Coastal Plan. Mr. Funk stated items such as sensitive habitat should be left in the guidelines. He also noted findings which state habitat areas should not be significantly impacted. Councilmember Crotzer stated the coastal oaks in Morro Bay are an endangered species; a five -to -one replacement from the same gene pool would be desirable to re-create the habitat. Mr. Funk said the Morro manzanita is an endangered species, and the snowy plover habitat on the fringes of the dunes is in the same category; those would be protected or replaced. Councilmember Crotzer stated what is desired is to actively husband the land and replace trees with tree -planting programs. He said people should be encouraged to be actively involved in adding more trees where they are desirable, and they should be replaced at more than a one-to-one ratio. Mr. Funk stated a replacement program with no permit requirements would create a quagmire of enforcement problems for the City because there will be no way to follow up on when a tree is removed and the replacement process. Mayor Yates stated there are many ways to encourage people to plant trees through education and other means. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1995 PAGE 12 Councilmember Unger referred to Page 5 of the guidelines stating she thought Council did not want to pursue permits for the removal of trees on public property, with the exception of major vegetation; if that is the case, Item B-2 should include the words "in the case of major vegetation." Mr. Funk asked for Council input on Section II, Vegetation Replacement Policy on Page 5. He suggested the elimination of Item A, and B would be retained. Mr. Funk continued to Item C, where he felt the wording should be changed. Mayor Yates agreed. Councilmember Unger stated she has a problem with Item C and all it includes. She said she considers the individual homeowner when discussing tree removal and property such as Cloisters is a different matter Mayor Yates agreed stating the mitigation requirements for Tri-W and Cloisters are included in their overall packages. Mr. Funk suggested wording changes for Item C as follows: "All said vegetation and habitat shall be maintained as necessary to and through maturity." Mr. Funk continued to Section III, Vegetation Replacement Policy 40 for Unpermitted Removal, stating if there are no fines, the entire section could be removed. Councilmember Anderson asked if he would know if his yard contained an environmentally sensitive habitat? Mr. Funk responded it could happen that the homeowner would not know and could possibly create some damage. If a permit was involved, then the necessary expertise would be in place. Mayor Yates and Mr. Funk proposed taking out Section III; Council concurred. Mr. Funk continued to Section IV, Vegetation Protection Plan for Proposed Construction stating this refers to any project where the Planning Commission has determined the vegetation is significant. councilmember Novak asked if this section referred to private as well as public property and does it mean that a property owner building a house would have to be concerned about putting a fence in because there was a tree in the backyard? Mr. Funk responded that would be true theoretically only if a stream was involved which is defined in the major vegetation section. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1995 PAGE 13 Councilmember Unger asked what constituted a protection plan? Mr. Funk responded a protection plan would include what would be done to protect existing vegetation. He said the Planning Commission would make that determination because these areas are contained within an appeals jurisdiction. Councilmember Crotzer stated the foundation of the idea is a developer would have to be coerced to provide protection for habitat; the philosophical argument here is that private property rights should not be impacted. Councilmember Novak stated that Item C does not address significant impact, thus anyone could be required to file a protection plan. Mr. Funk agreed that significant impact should be added to Item C. Mayor Yates asked why No. V, the Sunset Clause, was included. Mr. Funk responded with a consensus it can be removed. Mayor Yates opened the hearing to public comment. Roger Ewing stated for two or three years, dedicated people put a lot of time into this ordinance. He advocates private property rights as well as the good of the whole community. Mr. Ewing asked how there can be an ordinance without enforcement or fines 40 or replacement of trees. John Barta stated with these guidelines, fear is being eliminated in the community by eliminating over -burdensome regulation and permit requirements. He said the simple truth is that people like trees and now people will not be afraid to plant and grow trees because they will not have to go through some bureaucratic process. Mr. Barta stated historically, there are more trees than ever before in Morro Bay. He said some provision does need to be made for enforcing restrictions in environmentally sensitive habitats. Frank St. Denis stated he felt these guidelines are most reasonable and hardly narrow. He said as a property owner, he wants to reserve the right to remove trees as he sees fit. Barry Dorfman stated if there is no enforcement mechanism, then it would be better not to have the requirement. He said legislation without enforcement provisions encourages disrespect for government. Charles Palmer stated as a 34-year resident, he feels there are three times as many trees as when he first moved to the City. He has 20 to 25 trees on his property, and has cut trees down and thinned them out as he felt necessary and is happy to be able to 0 do that without permits. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1995 PAGE 14 Ed Sylvester stated he has been a county resident f or 52 years and commended the Council for removing government strangulation from its citizens. He said the taxpayers have paid a great deal to repair sidewalk tree damage and those trees should be removed. Nancy Bast expressed her discontent with the proposed guidelines stating many people have been upset because so many trees have been cut down. She said all the public trees in South Morro Bay are very old and will need to be replaced with six-foot trees. Bob Duncan stated the environment in the heights is changing with trees being cut down every week. He said the permit process has at least slowed down the cutting of trees. Mr. Duncan stated the proposed guidelines will create a free-for-all in ridding the area of trees. Mayor Yates closed the hearing to public comment. MOTION: Councilmember Novak moved Council bring back the Draft Major Vegetation Removal, Replacement and Protection Guidelines on February 14, 1995 as amended by Council. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Mayor Yates called for a break at 9:30 p.m.; the meeting resumed at 9:45 p.m. MOTION: Mayor Yates moved the City Council sit as the Planning Commission in the interim until a new Planning Commission is seated. The motion was seconded by Councilmember Unger and carried with Councilmember Crotzer voting no. (4-1) D-3 CONSIDERATION OF THE WATERFRONT SPECIFIC PLAN Community Development Director Don Funk reviewed the Draft Waterfront Plan specifically relating to the launch ramp, bridge and Morro Rock parking lot. Mayor Yates opened the hearing to public comment. Charles Palmer asked about PG&E tunnels in the area of the proposed ramp and whether or not there was private property involved. He expressed concern about fast-moving tides. Mayor Yates responded that public property was involved and the outfall area was not close by. Mark Allen stated he was a volunteer on the Waterfront Committee. He said the process began with public workshops, followed by questionnaires to many groups. Mr. Allen stated the City owns the property, but acts as caretaker for statewide interests of many kinds. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1995 PAGE 15 Mayor Yates asked Mr. Allen what the overwhelming feeling was regarding the launch ramp from the public input the committee received. Mr. Allen responded there was only one group that adamantly opposed the ramp and that was the Civic Action League. Bernie Melvin, member of the Planning Commission, stated the Planning commission recommended unanimously that the launch ramp be removed from the plan. He added the launch ramp was also opposed by the Waterfront Committee. Roger Ewing spoke in opposition to the launch ramp for safety and environmental reasons. He said the crux of the problem is the necessity for more parking and not for another ramp. Mr. Ewing added no one will want to launch a boat in the fast-moving tides in that area; and kelp beds, scuba divers, and wind surfers will be negatively impacted. Mr. Ewing noted the Rock area should not be changed. Mary Leizear expressed support for the launch ramp in the interests of public safety. She said the area is out of the current and boaters will be able to see the conditions of the harbor mouth. Ms. Leizear stated the Harbor Patrol will be able to monitor boating activity more closely at this proposed location. Kathy Duncan stated she has lived in Morro Bay for 13 years and is frightened by the proposed Waterfront Specific Plan. She said the City is being turned into a mini -Redondo Beach or Laguna Beach and a lot of people moved to Morro Bay to escape that environment. Darby Neil stated he grew up playing in the bay and would like to see the boat ramp in this location. He said there is an eddy that forms there, keeping it calm. Mr. Neil stated the current launch ramp is in an area of fast-moving currents. Ed Sylvester expressed support for the proposed launch ramp. He said it will give sailors an uncrowded area to launch in, and it gives fishermen closer access to the breakwater without fighting for the same ramp. Mr. Sylvester added traffic at Tidelands Park will be reduced, resulting in more safety for children to play in the park. He noted parking could be provided across the street by the Rock. Jack Hansen expressed support for the proposed ramp. He said solutions that would help take traffic off the Embarcadero and provide more parking would be assets. Mr. Hansen read a letter from Cathy Cordero expressing support as well. She stated she would have expanded and improved the existing launch ramp if possible; however, parking is a major concern. Her business has suffered serious financial losses from the lack of parking at MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1995 PAGE 16 Tidelands Park. Ms. Cordero stated the fishing industry scarcely recovers from one injustice before it succumbs to another. She added fishermen are among the few unsubsidized food producers in the country and deserve consideration. Bob Duncan stated it would be a crime to put in blacktop and concrete pavement at the Rock area. Nancy Bast stated parking is the problem, not launching boats. She said there are five reasons not to put the launch ramp at that location, including danger to navigation, safety and liability to the City. Ms. Bast stated the Corps of Engineers use that area for staging during operations, and asked if the Corps, the Coast Guard, and the Harbor Patrol had been consulted regarding this issue? She said environmental consideration must be given to the kelp beds, sea animals, and birds. Ms. Bast stated the most important thing is consideration of who will benefit for the greater good, and it is better for people to view the water than view boat trailers. John Barta expressed concern with safety if a new launch ramp is built as proposed. He recommended extending Morro Avenue down the slope at Tidelands Park which will double the amount of parking in that area; as well as bring traffic down Morro Avenue and help the Embarcadero traffic problems. Janice Peters stated everyone was opposed to the ramp in all the meetings held by the Planning Commission, and recommended finding another location to place it. She said this is the only view of the harbor from close to the water. Ms. Peters added the other solution would be to solve the parking problem. Linda Donnelly said she favors the launch ramp stating it would benefit boaters. Ric Deschler stated the Rock needs to be protected in its present state. He also noted the parking problem at Tidelands Park should be fixed. Ed McCracken recommended a gantry would be a solution instead of another ramp. Jack Curry expressed his support for the launch ramp. He is a boater and stated parking at Tidelands Park is getting smaller and drivers have to park far away, thus taking longer to get away from the existing ramp. He said the tide moves very quickly at the present ramp. Mr. Curry said he is surprised to see environmentalists opposed to a new ramp because of the 20-minute distance from Tidelands Park to the harbor, and stated boat engines use a mixture of fuel and oil. He said at high speeds that mixture burns rapidly; at low speeds the oil does not burn properly and thus pollutes the harbor all the way to the mouth. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 9, 1995 PAGE 17 Mr. Curry stated he would rather not move Coleman Drive behind Coleman Park. Lynda Merrill expressed opposition to the launch ramp. She said the fact a grant has been applied for should be brought to the public's attention. Don Puett spoke in favor of the launch ramp. Tidelands Park is a nice park and the launch ramp is fine, but all people must be served and the new ramp would accomplish that. Mayor Yates closed the hearing to public comment. Mayor Yates stated he remains supportive of the launch ramp, and said it will be of benefit to the maritime community. He noted the parking configuration should be changed and suggested trailers could park in the main Rock parking lot. Mayor Yates stated there are 50 to 60 days per year when parking is inadequate at Tidelands Park. He said commercial salmon boats no longer come to Morro Bay because it is presently not a user- friendly port. Mayor Yates stated the economics of commercial fishing are important to Morro Bay. He noted the Rock parking lot will not be paved, only organized with native plants and railroad ties. 41 Councilmember Novak referred to Measure D, which encourages the serving or facilitating of licensed commercial and non-commercial fishing activities, and the intent is to help the fishing industry from Beach Street to Target Rock. She said the proposed launch ramp may be viewed as important to both commercial and recreational boaters. Councilmember Novak stated the loss of commercial fishing revenues are important to Morro Bay, and anything that can help the fishermen should be accomplished. She said the safety issue is a concern regardless of where a ramp is. Councilmember Novak agreed parking should be kept on the Rock side. She noted the environmental concern with the mixture of oil and gas into the bay. Councilmember Novak added it would be better to take the pressure off the existing ramp because of the necessity to hurry and get out of the way. Councilmember Crotzer stated the whole process is distressing. He said people have spent years dealing with this issue and the result was that it should not be built. Councilmember Unger agreed not to locate parking on the bay side. Councilmember Anderson stated the Rock used to be an island and when the area was filled there were no improvements made. He expressed concern with boaters who say they have cruised for 20 minutes to get to the harbor mouth and then go out in spite of conditions because they have gone that far; that attitude has caused a lot of the deaths among small boaters. MINUTES - MORRO BAY CITY COUNCIL of REGULAR MEETING - JANUARY 9, 1995 PAGE 18 Mayor Yates stated the opinions relating to the launch ramp seems to be evenly split. He said the issue of how to configure the road needs to be examined further. MOTION: Mayor Yates moved Council continue discussion on the Waterfront Specific Plan to the City Council meeting of January 23, 1995. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) F. ADJOURNMENT MOTION: Councilmember Unger moved The motion was seconded by unanimously carried. (5-0) The meeting adjourned at 11:05 p.m. Recorded by: Bridgett Bauer City Clerk the meeting be adjourned. Councilmember Anderson and