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HomeMy WebLinkAboutJanuary to June (2)MORRO BAY CITY COUNCIL 6 6 Regular Meeting - June 28, 1982 Recreation Hall - 7:30 p.m. ROLL CALL PLEDGE OF ALLEGIANCE INNVOCATION - Jim Kennamur, First Christian Church RESOLUTION CERTIFYING ELECTION RESULTS AND INSTA.LLA.TION OF NEW MAYOR. AND COUNCIL MEMBERS A. PUBLIC HEARINGS, REPORTS & APPEARA14CES A-1 Case No. CZ 01-82, Consideration of a Planninn Commission recommendation for a change of zone from R-1, S-2, M, to R-4 - for properties located in Block 15, Ocean Heiahts Tract No. 1 (Continued from 6/14) A-2 Resolution Revising Piaster Fee Schedule and Building Permit Fee Schedule Undate (Continued from 6/14) A-3 Consideration of Ordinance to Amend Chapters 8.24, 9.28, 10.52, 10.48 and 10.16 of the Morro Bay Municipal Code regarding Violations and Penalties (Continued from 6/14) A-4 Amendment of Ordinance No. 183 regardinn Animals (Continued from 6/14) A-5 Report Relating to Police Incident File on Morro Bay Garbage (Continued from 6/14) A-6 Amendment of Municipal Code Chapter 10.48/Abandoned Vehicle Abatement Ordinance A-7 Establishment of Rules, Regulations and Fees for use of Public Hoist on So. City T-Pier A-8 Consideration of the Amendment to Conditions Required in the aoproval of a hotel in the PD zone, located at 450 to 496 Embarcadero, Morro Bay B. UNFINISHED BUSINESS B-1 Request by Mary Phillips for Exemption from Mandatory Refuse Service (Continued from 6/14) B-2 Approval of bids for Used Dump Truck B-3 Resolution Ratifying the JPA establishing SLO County Area Council of Governments and Ratifying the Annual Transportation Overall Work Program (Continued from 6/14) B-4 Presentation by Morro Bay Motel Owners Association regarding booth at Fresno County Fair (Continued from 6/14) B-5 Correspondence from Senior Citizens Inc., regarding selection of site and possible funding methods for new Senior Center C. NEW BUSINESS C-1 Determination of dates for Further Budget Hearings C-2 Resolution Providing for Adoption of Interim Budget for FY 1982-83 C-3 Consideration of November 2, 1982 Ballet Proposal to Increase Bed Tax from 6 to 9 C-4 Review of Water Rights Questions AGENDA - JUNE 20, 1982 9 0 C-5 Appointment to Parks and Recreation Commission and plater Advisory Board C-6 Request by Joesph Alldredge for Council Consideration of New Harbor Lease Site adjacent to Golden Tee and Old Stocking, Property D. CONSENT CALENDAR D-1 Notice of Vacancv on the Economic Opportunity Commission Board of Directors D-2 City Council minutes from June 14, 1982, regular meeting D-3 Industrial Disability Retirement for Stephania. Evans, Police Officer D-4 Industrial Disability Retirement for James Eidson, Fire Ennineer D-5 Extension of time for DWR to complete Water Management Plan at no extra cost to the City of Morro Bay (Extension until September 30, 1982) D-6 Approval of Three -Year Traffic Survey D-7 Amendment No. 6 to Brown and Caldwell Step 2, Design and Survev for Assistance during bidding D-8 Expenditure Report for City of Morro Bay, Month of May, 1982 E. INDIVIDUAL DETERMINATION AND/OP. ACTION E-1 City Council E-2 City .Attorney E-3 City Administrator MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1982 RECREATION HALL - 7:30 P.M. 1havor Warren M. Dorn called the meeting to order at Allegiance was led by Police Chief Al Olson and the Reverend Jim Kennamur of the First Christian Church. ROLL CALL PRESENT: Warren M. Dorn Rodner Anderson Dorotha Deutsch John Lemons Herminia Ward STAFF: Paul Baxter Michael T. LeSage John Bressan Murrel Crump Gary Napper Al Olson Mary Sanders Gere Sibbach Stan Thomas Peggy Buchanan ABSENT: Bernard Zerr ACEENDA NO. � Cate W-8 Action 7:32 p.m. The Pledge of innvocation was given by Mayo r Councilman Councilwoman Councilman Councilwoman City Administrator City Attorney Public Works Director Community Development Director Administrative Assistant Police Chief Recreation Director Finance Director Fire Captain Deputy City Clerk Fire Chief RESOLUTION CERTIFYING ELECTION RESULTS AND INSTALLATION OF NEW MAYOR AND COUNCIL MEMBERS Paul Baxter stated that the San Luis Obispo County Clerks office had completed the canvass of the June 8, 1982, ballots and the County Board of Supervisors had certified this canvass of the ballots for the June Consolidated Municipal Election. This canvass certified that Eugene R. Shelton had received the majority of votes for Mayor, and Bud Zeuschner and Bruce Risley the majority of votes for the offices of Councilmembers. MOTION: Councilman Anderson moved that the City Council of the City of Morro Bay adopt the attached Resolution No. 62-82, Reciting the Fact of the General Municipal Election Held in the City of Morro Bay on the 8th Day of June, 1982, and Declaring the Result thereof and Such Other Matters as are provided by Law. This motion was seconded by Councilman Lemons and carried by the following roll call vote: u MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1982 PAGE TWO AYES: Anderson, Lemons, Deutsch, Ward, Dorn NOES: None ABSENT: None ABSTAIN: None MOTION: Councilwoman Ward moved to adjourn the special meeting at 7:40 p.m. The motion was seconded by Councilman Lemons and passed unanimously. INSTALLATION OF NEW MAYOR AND COUNCIL (5-0) Paul Baxter administered the Oath of Office to Eugene R. Shelton, Mayor; Raymond "Bud" Zeuschner, City Council Member; and Bruce Risley, City Council Member, and presented them with Certificates of Election. Mayor Gene Shelton briefly stated his goals for the City of Morro Bay, and pledged his energies to work for a better community. Councilmember Zeuschner thanked the public for their show of support and praised the American democratic system for providing the freedom to hold open public meetings which allow the public to decide their own policies. Councilmember Risley stated his thanks to the community and pledged his committment to work towards solving Morro Bay's problems. Rodger Anderson, Councilmember added that he was looking forward to working with the new members of the Council and hoped that their common ground of dedication to Morro Bay would help overcome any differences in opinion. At this time the regularly scheduled meeting was convened by Mayor Shelton. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 CASE NO. CA 01-82, CONSIDERATION OF A PLANNING COMMISSION R Paul Baxter stated that this item was a continued Public Hearing from June 14th, and MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 02 PAGE THREE • was a recommendation from the Planning Commission for a chance of zone from R-1, S-2, M, to R-4, for properties located in Block 15 of Ocean Heights Tract Number 1. Mr. Baxter explained that this item has been before the Planning Commission twice and they have reaffirmed their recommendation to Council. Paul Baxter explained that the current zoning provides for single family residences, with the motels presently as a non -conforming use. The Proposed zone would bring the motles into conformance, however, the single family homes would then be a non- conforming use. Mayor Shelton opened the Public Hearing for comment. Howard Gaines objected to the proposed zoning, and stated that the buffer zone between the residential and commercial (motels) was too small. He felt the neighbors should object to this rezoning. Gary Gormley explained that this request for rezone had been brought about partly as a result of his request for a variance for a sign at his motel. Staff had felt that rather than the variance process, a rezone would be the appropriate method in this case. Mr. Gormley stated that this paricular area had been historically used as commercial, and that many years ago, was an "extension" of the Main Street commercial zoning. Mr. Gormley urged Council to approve the zone change. Councilmember Zeuschner inquired as to the effect of this chance of zone on the property taxes for those single family residences. Both Mr. LeSage and Mr. Crump felt no change in property taxes would occur. Mayor Shelton felt that Mr. Gormley had been done a disservice by the City by suggesting this rezoning procedure rather than the variance process, and suggested that the Council recommend to Mr. Gormley to reurn to the original variance process. Grace Melton asked for clarification on the area in question. Mr. Crump provided Nrs. Melton with a description of thearea and the properties involved. MOTION: Mayor Shelton moved that the Public Hearing be closed. The motion was seconded by Councilmember Zeuschner and carried by the following roll call vote: AYES: Shelton, Zeuschner, Anderson, Lemons, Risley NOES: None ABSENT: None Councilmember Zeuschner asked whether other residences involved in this rezoning had been notified. Mr. Crump stated that notices of the Public Hearing had been sent to all property owners within 300 feet of the area. Mr. Crump also added that he had received no response from these letters. Councilmember Risley inquired as to what the status of the single family residences in the area would be under R-4 zoning. Mr. Crump stated that they would be considered non -conforming uses, and could be continued but.not structurally altered. MORRO BAY CITY COUNCIL • REGULAR MEETING - JUNE 28,•1982 PAGE FOUR There was additional discussion among the Council regarding the historical use of this area, the current land use designation, and other comments regarding this proposed zoning. Councilmember Anderson stated that as a lifelong member of this community, he could remember when this area was primarily a commercial highway frontage and suggested that Council follow the Planning Commission recommendation. MOTION: Councilmember Lemons moved that the Ordinance be read by title and number only. The motion was seconded by Councilmember Zeuschner and carried by the following roll call vote: AYES: Lemons, Zeuschner, Anderson, Risley, Shelton NOES: None ABSENT: None Paul Baxter read "An Ordinance Amending Section 5103.2 of Ordinance 65 Pursuant to the Provisions of Chapter 17.64 of the Morro Bay Municipal Code, Case No. CZ 01-82." Mayor Shelton again urged Mr. Gormley to seek the variance procedure and suggested that Council deny the Planning Commission recommendation. Councilmember Lemons stated that this zoning would be in effect with the enaction of the LCP and that the rezoning evidently would not harm any property owner, and no property owners had appeared to protest this rezoning and suggested that the Council approve the Planning Commission recommendation for a change of zone. There was a brief discussion among the Council regarding the effect of a change of zone in this area. MOTION: Councilmember Lemons moved that the Council adont.the above mentioned Ordinance as a first reading. The motion was seconded by Councilmember Zeuschner and carried by the following roll call vote: AYES: Lemons, Zeuschner, Anderson NOES: Risley, Shelton ABSENT: None A-2 RESOLUTION REVISING MASTER FEE SCHEDULE AND BUILDING PERMIT FEE SCHEDULE UPDATE Paul Baxter reviewed the staff report, and stated that this item had been continued from the Council meeting of June 14th. Mr. Baxter summarized the history of this item, and explained that the fees recommended reflect the realistic cost of providing the service and were to be user fees only. Mr. Baxter stated that staff would be available to answer questions on this item. Mayor Shelton asked for more detail on the actual process by which these fees were calculated. Mr. Sibbach explained that Accounting Professors from Cal Poly had been hired to do a study to review the costs the City incurs to perform various aetivities.versus.the current fees charged and this information was then submitted to staff to come up with the "realistic" fees that could be charged. Mr. Sibbach also informed Council MORRO BAY CITY COUNCIL • REGULAR MEETING - JUNE 28, 082 PAGE FIVE that according to State Proposition 4, no City may charge fees that are more than the reasonable cost of the service provided. Both Mr. Baxter and Mr. Sibbach stated that what they need is further direction from Council, and a policy decision as to how these fees will be set. Mayor Shelton opened the Public Hearing for comment. Fred Schenk spoke regarding the fees proposed for the appeals process, and stated it was his opinion that by charging any fee at all, the City could be denying a citizen substantial justice. Mr. Schenk objected to this charge and asked the Council to consider having no fee for appeals. Ross Boyd, 265 Kern, voiced his objection to the increase in fees proposed by the Master Fee Schedule Revision. He informed Council that he had done his own survey and found that the average fees for several cities in the state were much lower than those proposed and citied several examples. Mr. Boyd suggested that this matter be returned to staff for further study. Ernie Miller, 350 Arbutas, felt that this study had not been done in a practical manner and the fees reflected were not "practical" solutions. He also urged further study. Charles Palmer, 485 Estero was concerned that if fees (building and planning particularly) were to high this would lead to neglect and poor maintenance of property in the community. There were no additional comments MOTION: Councilmember Zeuschner moved that the Public Hearing be closed. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: Zeuschner, Risley, Anderson, Lemons, Shelton NOES: None ABSENT: None Councilmember Zeuschner stated that although some of the ideas in the revision of the Master Fee Schedule were good, he felt that several of the fees were to high, and was in agreement with Mr. Schenk that public appeals should have no charge. Councilmember Risley concurred, and suggested that rather than a fee for appeals, perhaps staff could look at the possibility of requiring some sort of evidence, or petition showing substantial interest. There was additional discussion regarding the Master Fee Schedule, concerning the method the fees were arrived at, the possible areas that needed change, and suggestions for staff study. Mike LeSage said that City fees should approximate the actual cost of providing the serve or be less than that cost, but should not exceed this reasonable cost area. Mr. LeSage also agreed that the appeals process should not have a fee attached to it. Councilmember Zeuschner suggested that staff use this revision as a working document and take these suggestions from Council and the public to further study the fee question. MORRO BAY CITY COUNCIL • • REGULAR MEETING - JUNE 28, 1982 PAGE SIX Mayor Shelton asked if Council was in basic agreement with the "user pay" theory and Council concurred that this was an acceptable means of arriving at fees, however staff should note those areas which are exceptions to this, such as appeals. Councilmember Anderson stated that many cities are currently in the process of updating their fees, and a survey might not prove conclusive in this matter. This matter was continued until the meeting of July 12, 1982, for further staff study. A-3 CONSIDERATI TO AMEND CHAPTERS 8.24. 9.28 4 Paul Baxter explained to Council that this Ordinance Amendment was a continued Public Hearing for the purpose of making various changes in the Municipal Code to provide for penalties in cases where none had been stated and in some cases to change from a misdameanor to infractions certain violations for better enforcement by the Police Department. Mr. Baxter reviewed each Section to be amended, 8.24.030 to add penalties for illegal camping, 9.28.060 to add penalties for obstruction of justice or interference with an obligation of a public official to perform his/her duties, 10.48.120 to change from a misdameanor to infraction the Ordinance relating to fines and abatement of abandoned vehicles and 10.52.030 to provide for penalties to enforce the bicycle Ordinance. Mayor Shelton opened the Public Hearing. There were no comments or questions from the audience or Council. MOTION: Councilmember Zeuschner moved that the Public Hearing be closed. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: Zeuschner, Risley, Anderson, Lemons, Shelton NOES: None ABSENT: None MOTION: Councilmember Risley moved that the Ordinance be read by title and number only. The motion was seconded by Councilmember Anderson and carried by the following roll call vote: AYES: Risley, Anderson, Lemons, Zeuschner, Shelton NOES: None ABSENT: None Paul Baxter read "An Ordinance to Amend Chapters 8.24, 9.28, 10.52, 10.48 and 10.16 of the Morro Bay Municipal Code Regarding Violations and Penalties." MOTION: Councilmember Lemons moved that this Ordinance be adopted for its first reading. Councilmember Rislev seconded the motion and it was carried by the following roll call vote: AYES: Lemons, Risley, Anderson, Zeuschner, Shelton NOES: None ABSENT: None MORRO BAY CITY COUNCIL i REGULAR MEETING - JUNE 28, 1982 PAGE SEVEN A-4 AMENDPIENT OF ORDINANCE NO. 185 REGARDING ANIMALS (Continued from 6/14) Paul Baxter stated that this item was a continued Public Hearing from June 14th, for the purpose of amending Ordinance No. 185, relating to Animal Regulations. Mr. Baxter explained that the amendments were basically "housekeeping and clean-up" amendments and the Ordinance has been reviewed by the City Attorney. Chief Olson stated that there were no significant changes in the Ordinance, and that it was reviewed by the County Animal Regulation Department. Playor Shelton opened the Public Hearing. There were no comments or questions. MOTION: Councilmember Anderson moved to close the Public Hearino. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: Anderson, Risley, Lemons, Zeuschner, Shelton NOES: None ABSENT: None MOTION: Councilmember Zeuschner moved that all gender references within this ordinance be removed. Councilmember Risley seconded the motion and it was carried unanimously. (5-0) MOTION: Councilmember Zeuschner moved that the Ordinance be read by title and number only. The motion was seconded by Councimember Risley and carried by the following roll call vote: AYES: Zeuschner, Risley, Anderson, Lemons, Shelton NOES: None ABSENT: None Paul Baxter read "An Ordinance Amending Title VII to the Morro Bay Municipal Code." MOTION: Councilmember Risley moved that the Ordinance be adopted as a first reading. Councilmember Lemons seconded the motion and it was carried by the following roll call vote: AYES: Risley, Lemons, Anderson, Zeuschner, Shelton NOES: None ABSENT: None A-5 REPORT - RELATING TO POLICE INCIDENT FILE ON MORRO BAY GARBAGE (Cont. from 6/14) Paul Baxter explained that this item was a Public Hearing to consider disciplinary procedures against Morro Bay Garbage for an incident occuring April 24, 1982, involvinn damage to a privately owned vehicle. The Refuse Board has recommended that a fine of $250.00 be levied against the Garbage Company and that they be ordered to provide restitution to the owner (which they have since done.) Councilmember Lemons remarked that it was his understanding that charges have been filed with the District Attorney and suggested that Council continue this matter MORRO BAY CITY COUNCIL • REGULAR MEETING - JUNE 28,082 PAGE EIGHT until the"charges have been ruled upon by the Court. Mr. LeSace agreed that his would be a good idea, as the possibility exists for a Council ruling to have an adverse impact on the case. MOTION: Councilmember Lemons moved that this matter be held until a Court disposition is rendered. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) Councilmember Zeuschner also voiced his appreciation to the Refuse Board for their recommendation. Councilmember Risley also supported the Refuse Board's recommendation 100%. A-6 AMENDMENT OF MUNICIPAL CODE CHAPTER 10.48/ABANDONED VEHICLE ABATEMENT ORDINANCE Mr. Baxter stated that this was an advertised Public Hearing, and asked Chief Olson to provide the staff report. Chief Olson stated that certain modifications to the Ordinance were to comply with the changes recently made by the State legislature in the Vehicle Code. The Chief stated that there were no significant changes, and that it had been reviewed and approved by the City ,Attorney. Mayor Shelton opened the Public Hearing. Mary Phillips asked what constituted an abandoned vehicle. Chief Olson stated that if the vehicle is inoperative, under certain conditions in the Ordinance it would be considered abandoned, regardless of whether it was licensed or not, which was Mrs. Phillips second question. There were no other questions regarding the Ordinance. MOTION: Councilmember Anderson moved that the Public Hearing be closed. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: Anderson, Risley, Lemons, Zeuschner, Shelton NOES: None ABSENT: None MOTION: Councilmember Zeuschner moved that the Ordinance be read by title and number only. Councilmember Anderson seconded the motion and it was carried by the following roll call vote: AYES: Zeuschner, Anderson, Lemons, Risley, Shelton NOES: None ABSENT: None Paul Baxter read "An Ordinance to Amend Chapter 10.48 of the Morro Bay Municipal Code." Councilmember Risley stated that he.had an objection ,to the language used in Section 10.48.070 of the Ordinance, which stated that the Chief of Police or his representative MORRO BAY CITY COUNCIL • • REGULAR MEETING - JUNE 28, 1982 PAGE NINE may enter upon private or public property to examine a vehicle, etc. Councilmember Risley suggested that this wording be changed or removed as he felt it was in violation of the constitution. Mike LeSage stated that the right to enter upon private or public property would exist only after consent was received or a court order secured, but agreed that perhaps the wording was not clear in this area. MOTION: Mayor Shelton moved that Council delete the second sentence of Section 10.48.070, which reads "In the enforcement of this chapter...." The motion was seconded by Councilmember Risley and passed by the following_. roll call vote: AYES: Shelton, Risley, ,Anderson, Lemons, Zeuschner NOES: None ABSENT: None MOTION: Councilmember Zeuschner moved that this Ordinance be adopted for a first reading. Seconded by Councilr�ember Anderson, and carried by the following roll call vote: AYES: Zeuschner, Anderson, Lemons, Risley, Shelton NOES: None ABSENT: None A-7 ESTABLISHMENT OF RULES, REGULATIONS AND FEES FOR USE OF PUBLIC HOIST ON SOUTH CITY T-PIER Mr. Bressan provided the staff report, and explained that upon completion of the newly renovated T-Pier, certain guidelines and regulations needed to be established. The Harbor Advisory Board recently concluded considerations for regulations and fees for the use of the public hoist and these guidelines are in conformance with the grant and loan received by the City from the Coastal Conservancy and will insure that the hoist will not interfer with fish loading and unloading that takes place on other City leases for commercial purposes. Staff recommends that the Harbor Advisory Board recommendations be adopted. Mayor Shelton opened the Hearing to the public. Mr. Cal Cutler of Cayucos stated that he will be using the hoist and objected to $60.00 per hour fee, as being to high. He asked Council to consider lowering the fee to around $20.00. Cliff Smith, Chairman of the Harbor Advisory Board explained that when the issue had first arisen there were no other fish processors available to unload and load fish however there are two current businesses to provide this service and the hoist is for use only when these are not available. POTION: Councilmember Anderson moved to close the Public Hearing. The motion was seconded by Councilmember Lemons and carried by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None MORRO BAY CITY COUNCIL • • REGULAR MEETING - JUNE 28, 1982 PAGE TEN There was additional discussion regarding various policies recommended by the Harbor Advisory Board, as well as the $60.00 per hour fee. John Bressan explained how they had arrived at this amount, by information furnished by a private enterprise. Mr. Bressan stated that this was basically the same price charged by the business in town. Councilmember Zeuschner felt that the City should not charge the same rate as the private businesses in town, as they also offered scales and other equipment. He suggested a $30.00/hour fee. MOTION: Councilmember Zeuschner moved to amend the Report to set the fee for the Public Hoist at $30.00 and to instruct staff to review this fee in three months. Motion was seconded by Councilmember Risley and was carried with Councilmember Lemons voting no. There was other brief discussion regarding the use of the hoist. MOTION: Councilmember Risley moved that Council adopt the recommendation and guidelines of the Harbor Advisory Board concerning the public hoist on the South City T-Pier, as amended above. The motion was seconded by Councilmember Zeuschner and carried by the following roll call vote: AYES: Risley, Zeuschner, Anderson, Lemons, Shelton NOES: None ABSENT: None A-8 CONSIDERATION OF OF A P•iurrel Crump, Community Development Director, provided Council with the staff report. Mr. Crump stated that this project had been approved earlier this year with a condition stating that the applicant (Harold Biaginni) must provide a pedestrian access through the site from Anchor Street to the Embarcadero. At this time, the applicant is requesting that this condition be removed from the approval of this project. Staff is recommending three alternatives to Council, 1) deny the request, 2) approve the request, and 3) refer the matter back to the Planning Commission for study and recommendation. Mayor Shelton opened the Hearing to the Public. Mr. Roy Fast, stated that Anchor Street should be kept open to vehicles. Mr. Harold Biaginni explained why the access was being objected to, as a cause of vandalism, lack of parking space, and confusion with the title. Peggy Lipe spoke in favor of the pedestrian access MOTION: Councilmember Zeuschner moved that the Public Hearing be closed. The motion was seconded by Councilmember Lemons and carried by the following roll call vote: AYES: Zeuschner, Lemons, Anderson, Risley, Shelton NOES: None ABSENT: None MORRO BAY CITY COUNCIL � • REGULAR MEETING - JUNE 28, 1982 PAGE ELEVEN Councilmember Zeuschner commented that the public accessway would seem to be consistent with the Coastal Act. Mr. Crump concurred. Councilmember Zeuschner also questioned the idea of liability if someone were to be injured on the stairway or public accessway. Mr. LeSage stated that the project's liability insurance would cover this. Councilmember Risley asked why this project was allowed to go forward without an Environmental Impact Report. Mr. Crump stated that it was given a negative declaration, which is a finding of no substantial environmental impact. Councilmember Zeuschner asked if it would be appropriate to discuss any other area of this project besides the public access. Mr. Baxter suggested that prior to discussion regarding any other phase of this project, that it be readvertised for Public Hearing. There was discussion regarding the Council's right to further discuss the projects other conditions. Mr. Baxter recommended .that the City Attorney be allowed to study this questions prior to any further discussion of other areas of this project. MOTION: Councilmember Lemons moved that this matter be continued until the next regular meeting of July 12, 1982, to allow the City Attorney time to research this questions. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) Mayor Shelton stated that he felt the entire project need thorough re-examination. Mr. Biaginni stated that he had requested that one condition be removed from the project's condition and felt that Council was obligated to vote on this one issue. Mayor Shelton recessed the meeting at 9:45 p.m. and it reconvened at 9:55 p.m. B. UNFINISHED BUSINESS F-1 REQUEST BY MARY PHILLIPS FOR EXEMPTION FROM MANDATORY REFUSE SERVICE. Paul Baxter stated that this item had been continued from the June 14th meeting, and that Mrs. Phillips has submitted a letter to Council requesting exemption from Mandatory Garbage Service. Mr. Baxter informed Council that he had transmitted a copy of Mrs. Phillips' letter to the Refuse Franchise Board for their recommendation. Since the Refuse Board will not meet again until July 7th, Mr. Baxter suggested that Council receive testimony from Mrs. Phillips now, and make any final determination regarding her request when the recommendation from the Refuse Board is received. Mayor Shelton asked Mrs. Phillips to present her information to Council. MORRO BAY CITY COUNCIL • 41 REGULAR MEETING - JUNE 28, 1982 PAGE TWELVE Mrs. Phillips read to Council the letter dated June 2, 1982, that she had submitted outlining her reason for requesting the exemption from Refuse Service. She cited poor service, harrassment from the garbage company, and her own efforts at conservation and recycling as reasons for this exemption. Mrs. Phillips also stated that she would not allow the Garbage Company or the Refuse Franchise Board to enter her property. The Council had no questions for Mrs. Phillips. MOTION: Councilmember Risley moved that a full transcript of this item be transmitted to the Refuse Board for their information and action. The motion was seconded by Mayor Shelton and carried by the following roll call vote: AYES: Risley, Shelton, Anderson, Lemons, Zeuschner NOES: None ABSENT: None Councilmember Zeuschner asked if it would be appropriate to discuss other matters regarding mandatory garbage. Mr. Baxter stated that staff could receive information and place items on future agendas. MOTION: Councilmember Zeuschner moved that Council direct staff to prepare a Resolution to take the billing process out of City hands and back to the Garbage Company. Councilmember Risley seconded by motion and it was carried by the following roll call vote: Councilmember Lemons asked if the billing procedures were included in the Agreement with the Garbage Company. Councilmember Zeuschner stated that the Ordinance read "the City may bill...". Councilmember Risley stated that the Agreement with the Garbage Company reads "the City may elect..." Mr. LeSage stated that if this were the wording, the City could return billing to the Garbage Company. Mr. Baxter stated that staff would look at the agreement and the ordinance and'. bring back something appropriate for Council's review. AYES: Zeuschner, Risley, Anderson, Lemons, Shelton NOES: None ABSENT: None MOTION: Councilmember Zeuschner moved that Council direct staff to prepare material regarding the possibility of reducing the Garbage rates by 3% to coincide with the 30% reduction for City billing. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: Zeuschner, Risley, Anderson, Lemons, Shelton NOES: None ABSENT: None MORRO BAY CITY COUNCIL • • REGULAR MEETING - JUNE 28, 1982 PAGE THIRTEEN MOTION: Councilmember Risley moved that Council direct staff to prepare an amendment to the Mandatory Garbage Ordinance which would prohibit the Garbage Company from using their office for political practices. Councilman Zeuschner seconded the motion. Councilmember Risley explained that it was his hope that this motion would aid the garbage company in their public relations. Councilmember Lemons stated that he had a substitute motion: SUBSTITUTE MOTION: Councilmember Lemons moved that Council prohibit Political newsletter which are not subscribed to from being left on doorknobs when the resident is not at home. The motion was seconded by Councilman Anderson. Councilmember Risley voiced his opinion that this was not a proper substitute` motion, and this was supported by City Attorney Mike LeSage. Councilmember Lemons then withdrew the motion, and Councilmember Anderson withdrew his second. Mike LeSage questioned whether the City has the right to instruct anyone as to the uses they can have in their own building. Mayor Shelton stated that this information should be included in any material to be returned to Council (regarding the first motion). Councilmember Risley's motion was carried by the following roll call vote: AYES: Risley, Zeuschner, Anderson, Shelton NOES: Lemons ABSENT: None Mr. Baxter asked Council if since these motions all concern the Refuse Ordinance, if staff material and recommendations should be forwarded to the Refuse Board for their review and recommendation. Mayor Shelton and the Council agreed that these items should be transmitted to the Refuse Board for their recommendations. MOTION: Councilmember Lemons moved that Council direct staff to prepare an Ordinance that would prohibit unwanted literature from being left on doorknobs or doorsteps when the resident is not at home. The motion was seconded by Councilmember Anderson. Councilman Lemons explained that many residents had expressed concern regarding the practice of leaving literature at unoccupied homes, as it is a sure signal that the residents are away, and it invites burglaries. MORRO BAY CITY COUNCIL • REGULAR MEETING - JUNE 28, f82 PAGE FOURTEEN Chief Al Olson stated that due to limited manpower there might be an enforcement problem with this type of Ordinance, however, he did agree that it was an invitation to burglars. Roll call vote on Councilmember Lemons' motion as follows: AYES: Lemons, Anderson NOES: Risley, Zeuschner, Shelton ABSENT: None The motion was defeated by a 2-3 vote. B-2 APPROVAL OF BIDS FOR USED DUMP TRUCK Paul Baxter stated that this item was for approval of bids for the purchase of a used dump truck. Mr. Baxter stated that earlier this year Council had approved staff's request to go to bid and placed a limit of $7,500 on the amount that could be paid. However, low bid has come in at $8,678.25. Staff is recommending that Council authorize this amount, as the truck would most adequately meet the City's needs and have a life span of at least 5 years. The additional funds have been located in the Water Division's capital improvement budget. MOTION: Councilmember Lemons moved that Council approve the bid submitted by Home Motors in the amount of $8.678.25, and authorize a transfer of funds within the plater Division Budget to make the necessary purchase, and adopt the attached Resolution. The motion was seconded by Councilmember Zeuschner and carried by the following roll call vote: AYES: Lemons, Zeuschner, Anderson, Risley, Shelton NOES: None ABSENT: None B-3 RESOLUTION RATIFY ING SLO COUNTY AREA COUNCIL OF GOVE Paul Baxter stated that this matter had been continued from June 14, and is a Resolution to ratify the JPA which establishes the SLO County Area Council of Governments (SLOCOG) as well as the Annual Transportation Plan. Staff has submitted two separate resolutions to Council, one which would keep the name SLOCOG, and the other which would change this name to "San Luis Obispo County and Cities Area Coordinating Council." Mayor Shelton asked what the recommendation of the Mayor's Committe was. Mr. Baxter stated that they are recommending that the name be changed to San Luis Obispo County and Cities Area Coordinating Council. MOTION: Councilmember Zeuschner moved that the Council adopt the attached Resolution which ratifys the JPA. establishing the San Luis Obispo County and Cities Area Coordinating Council. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: Zeuschner, Risley, Anderson, Lemons, Shelton NOES: None ABSENT: None MORRO BAY CITY COUNCIL • • REGULAR MEETING -JUNE 28, 1982 PAGE FIFTEEN MOTION: Councilmember Lemons moved that because of personal business he would no longer be able to act as representative to the Area Coordinating Council and moved that Council designate the Mayor_ to act as representative to the Coordinating Council. The motion was seconded by Councilmember Risley and passed by the following roll call vote: AYES: Lemons, Risley, Anderson, Zeuschner, Shelton NOES: None ABSENT: None B-4 PRESENTATION BY MORRO BAY MOTEL OWNERS ASSOCIATION REGARDING BOOTH AT FRESNO COUNTY FATR Mr. Baxter explained that this was a continued item from the June 14th meeting and that there is a representative present to discuss possible funding with Council. Tony Rodriguez, representative of the Morro Bay Motel Owners Association, explained that as an attempt to get the most advertising and tourist promotion as possible for next year, the Motel Owners Association was setting up a booth at the Fresno County Fair, to display local advertising, business and tourist information. Mr. Rodriguez stated that the theme of the booth will be the City of Morro Bay, and it was the Motel Owners Association's hope that it would be beneficial to the entire city. Mr. Rodriguez requested that the City donate money towards the rental of the booth, and the purchase of a banner with the City of Morro Bay's name (which would later become City property). Councilmember Risley asked Mr. Rodriguez whether he was aware of the limitations placed on the City by Measure A. Mr. Rodriguez indicated that he was not fully aware of these restrictions. Councilmember Risley explained that under Measure A, the City could not designate more than 5% of its bed tax revenues toward community promotional activities, and that the current contract with the Chamber of Commerce included this 5%. Mike LeSage agreed that this was a community promotional activity and would prevent the City from contribution under Measure A, if the entire 5% was already expended. Mr. Sibbach, Finance Director, stated that there is currently approximately $1,400, which is available under Measure A. This amount is an excess which was not known at the time the contract with the Chamber of Commerce was signed and is available for use in community promotions. Mr. Sibbach stated that if Council wished to donate any amount under $500, it would have to be done during this fiscal year however. (A donation under $500 does not have to be noticed to the public.) There was brief discussion regarding the limits of Measure A. Mr. Howard Gaines stated that although the City would not have to advertise a Public Hearing, the expenses would not take place in this fiscal year, and he was doubtful as to the lecality of such a donation. MORRO BAY CITY COUNCIL • REGULAR MEETING - JUNE 28, 1982 PAGE SIXTEEN 0 Mr. Bob Ward, also of the Motel Owners Association, stated that if Council were to donate money for this purpose, the expenditures could be made now for the banner. MOTION: Councilmember Zeuschner moved that Council appropriate the sum of $495.00 to be donated to the Motel Owners Association for1981-82 promotional activites connected with the Fresno County Fair and purchase of a banner to become the property of the City of Morro Bay, on the condition that this donation complies with Measure A. Seconded by Councilmember Anderson and carried by the following roll call vote: AYES: Zeuschner, Anderson, Lemons, Risley, Shelton NOES: None ABSENT: None B-5 CORRESPONDENCE FROM SENIOR CITIZENS, INC., REGARDING SELECTION OF SITE AND POSSIBLE FUNDTNG MFTHnnS F1R NFW CFNTNP fFNTFR Mr. Baxter stated that correspondence had been received from Marguerite McAulliffe, President of the Morro Bay Senior Citizens, requested that Council specify the site for the new Senior Center and inquiring also whether the City is going to have a bond issue to help fund the project. Mr. Baxter informed the Council, that neither request can be fullfilled at this time, as City land use needs have not yet been determined, and there is no bond issue that will be placed before the voters. Marguerite McAulliffe explained that in order to receive funding for the project, a specific site needs to be chosen. She also asked that the City consider a bond issue to help the project. Councilmember Lemons stated that the Council had indicated their support by the committment of 8,000 square feet to lease to the Seniors on a long term basis and indicated that he shared her concern, and was supportive of a`bond issue, not for the senior center alone but for several projects within the city. Councilmember Lemons urged staff to expedite a recommendation on a specific site. Councilmember Anderson was in agreement and hoped that the project could move forward as quickly as possible. Councilmember Zeuschner said he supported the idea of a "shared use" center and felt a recommendation for a site should be returned by staff. Mayor Shelton asked staff to provide the Council with information regarding bond issues and the rights and responsibilities of the City. Councilmember Risley felt the Senior Center was vital and stated that they desperately need larger quarters. MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1982 PAGE SEVENTEEN MOTION: Councilmember Risley moved that Council reaffirm its earlier committment of 8,000 square feet of land for lease to the Senior Center:. The motion was seconded by Councilmember teuschner and was carried unanimously. (5-0) C. NEW BUSINESS C-1 DETERMINATION OF DATES FOR FURTHER BUDGET HEARINGS (ITEM C-1 AND C-2 WERE DICUSSED JOINTLY) C-2 RESOLUTION TO PROVIDE FOR ADOPTION OF INTERIM BUDGET Paul Baxter reviewed items C-1 and C-2, and stated that Council should direct staff as to date available for further budget hearings to adopt the FY 1982-83 budget, and that a Resolution adopting an Interim Budget should be passed to allow the City to continue to pay bills beginning July 1. MOTION: Councilmember Lemons moved that effective July 1, 1982, the water rates for the City be reduced to those that were in effect July 1, 1981, or 5U per 100 cubic feet. Councilmember Anderson seconded the motion. Councilmember Lemons explained that he made this motion to allow Council to reevaluate what the water rate structure should actually be. SUBSTITUTE MOTION: Councilmember Risley moved that further rate increases for water and sewer as approved by Council on July 13, 1981, be frozen and that staff present Council with a detailed analysis of the rate structure. The motion was seconded by Councilmember Zeuschner. Councilmember Lemons stated that this motion was unnecessary because until the new FY 82-83 budget is adopted, no rate increases can go into effect anyway. Councilmember Zeuschner agreed that more information is necessary before any ratechanges are made. Councilmember Anderson was concerned that possible loan money for the water replacement project would not be available if our rates were lowered, and stated that a letter from Carol Halletts office determined that our rates were not "out -of -line". Mr. Baxter stated that the loan is predicated on the water fund's ability to pay back the loan and if water rates were lowered, this would not be possible. ROLL CALL ON SUBSTITUTE MOTION: AYES: Risley, Zeuschner, Shelton NOES: Lemons, Anderson ABSENT: None MORRO BAY CITY REGULAR MEETING PAGE EIGHTEEN COUNCIL - JUNE 28. 1982 ROLL CALL ON THE MAIN MOTION (Which has now been amended by the Substitute Motion) AYES: Risley, Zeuschner, Shelton NOES: Anderson, Lemons ABSENT: None Council then discussed possible future dates for budget hearings, and set July 10, 1982, at 1:00 p.m. for an Adjourned Meeting/Budget Workshop. MOTION: Councilmember Lemons moved that Council adopt the Resolution which would provide for an Interim Budget for FY 1982-83. The motion was seconded by Mayor Shelton and carried by the following roll call vote: AYES: Lemons, Shelton, Anderson, Risley, Zeuschner NOES: None ABSENT: None C-3 CONSIDERATION OF NOVEMBER 2, 1982, BALLOT PROPOSAL TO INCREASE BED TAX FROM 6% to 9% Paul Baxter explained that at a special meeting of the Mayors of San Luis Obispo Countv, there was consensus that each city should request their Council to place a measure on the November 2nd ballot to increase bed taxes to 9%. Staff is requesting that Council make a policy decision on this matter, and if approved, that Council direct staff to prepare the necessary Resolutions and public notices for a public hearing. MOTION: Councilmember Zeuschner moved that Council direct staff to prepare the necessary public notices to hold a Public Hearing on July 12, 1982, and to prepare the Resolutions for consideration of a ballot measure increases the bed tax from 6% to 9%. The motion was seconded by Councilman Risley and carried by the following roll call vote: AYES: Zeuschner, Risley, Anderson, Lemons, Shelton NOES: None ABSENT: None C-4 REVIEW OF WATER RIGHTS QUESTIONS John Bressan provided the staff report for Council. Mr. Bressan explained that earlier this year the City had filed protests against two applications to divert or impound water from tributaries that feed into the City's water system. Staff is now recommending that these protests be withdrawn, either because of no significant impact on the City's water system or riparian water rights of the applicants.- Also, the City has an application for diversion of water on the San Bernardo Creek which may be irreparably harmed if it is not amended. Staff is recommending that this MORRO BAY CITY COUNCIL • 0 REGULAR MEETING - JUNE 28, 1982 PAGE NINETEEN application be amended for use in non-structural recharge program. Councilmember Risley questioned the term "minimal water use,"and asked for a specific figure. John Bressan stated that in both cases the amount was less than 40 acre feet, and would be captured during storm runoff. Mike LeSage suggested that this be included in the report and guidelines, that the water be caputred only during storm runoff, and stated that the staff should check with the Water Attorney for proper wording. MOTION: Councilmember Lemons moved that Council authorize staff to withdraw the protest filed against the Morro Creek Ranch and John Maino, and that the City not protest the application by George and Ann Negano and that the City be allowed to amend their application for water diversion for use in non-structural recharge program, as advised by Water Attorney. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: Lemons, Risley, Anderson, Zeuschner, Shelton NOES: None NOES: None C-5 APPOINTMENT TO PARKS AND RECREATION COMMISSION AND WATER ADVISORY BOARD Paul Baxter stated that 3 vacancies currently exist on the Parks and Recreation Commission and 1 on the Water Advisory Board. Six applications have been received for the Parks and Recreation vacancy and one for the Water Board. Mayor Shelton suggested that he would like to have a brief interview with each of the Candidates, to assist Council in their decision process. Councilmember Risley agreed, and stated that he would like to have additional time to review the committees and members. Mayor Shelton asked staff to provide Council with a current listing of all committees and their members. MOTION: Mayor Shelton moved that this item be continued until the second meeting in July, to allow for additional applications to be accepted and candidates to be notified. Seconded by Councilmember Zeuschner and carried unanimously. (5-0) C-6 REQUEST BY JOESPH CONSIDERATION OF NEW HARBOR LEASE SITE Mr. Baxter informed Council that Mr. Alldredge has requested that this item be continued. With no objections, Council so ordered. MORRO BAY CITY COUNCIL • REGULAR MEETING - JUNE 28, 1982 PAGE TWENTY D. CONSENT CALENDAR Paul Baxter reviewed the following items on the Consent Calendar: D-1 NOTICE OF VACANCY ON THE ECONOMIC OPPORTUNITY COMMISSION BOARD OF DIRECTORS Mr. Baxter stated that a vacancy exists on the above mentioned board, and that the City Council is entitled to appoint one member to service for a two year term. Mr. Baxter recommended that this be continued to a later meeting for designation of a Council member. D-2 CITY COUNCIL MINUTES FROM JUNE 14, 1982, REGULAR MEETING Mr. Baxter recommended that Council approve the June 14, 1982 City Council minutes as submitted. D-3 INDUSTRIAL DISABILITY RETIREMENT FOR STEPHANIA EVANS, POLICE OFFICER Paul Baxter reviewed the Disability Retirement of Officer Evans, and recommended. that Council approve the Industrial Disability Retirement effective July 17, 1982. D-4 INDUSTRIAL RETIREMENT FOR JAMES EIDSON, FIRE ENGINEER Mr. Baxter explained that due to job -related hypertension, Mr. Eidson has applied for a disability retirement. Staff is recommending that Council approve an Industrial Disability Retirement for James Eison, effective July 4, 1982. D-5 EXTENSION OF TIME FOR DWR TO COMPLETE WATER MANAGEMENT PLAN AT NO EXTRA COST TO THE CITY The Department of Water Resources has requested an extension of their contract until September 30, 1982, to complete the Water Management Plan. Staff recommends that Council approve this extension, at no extra cost to the City. D-6 APPROVAL OF THREE YEAR TRAFFIC SURVEY According to State Vehicle Code, a three year traffic survey has been completed which will change the speed on three areas in the City. Mr. Baxter stated that staff is recommending that Council adopt the Resolution approving the traffic survey and the changes in speed as noted in the staff report. D-7 AMENDMENT NO. 6 TO BROWN AND CALDWELL STEP 2, DESIGN AND SURVEY FOR ASSISTANCE nIIDTNr QTnnTAir, Mr. Baxter explained that this amendment is pursuant to the EPA audit and is an adjustment in the overhead rate to 1.563, which would require an additional payment of $26,762.79 to Brown and Caldwell. Staff recommends that Council approve Amendment No. 6 to the Brown and Caldwell Agreement and authorize the Mayor to sign the Amendment. MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 982 PAGE TWENTY-ONE D-8 EXPENDITURE REPORT FOR THE CITY OF MORRO BAY, MONTH OF MAY, 1982 Mr. Baxter stated that the Finance Director recommends approval of the May, 1982 Expenditure Report for the City of Morro Bay. Howard Gaines objected to item D-8, the City's expenditure report, stating that the legal fees of over $6,000 were too high, and that the City should retain only one attorney for legal advise. MOTION: Councilmember Lemons moved that the Consent Calendar be approved as submitted. Seconded by Councilmember Zeuschner, the motion was carried by the following roll call vote: AYES: Lemons, Zeuschner, Anderson, Risley, Shelton NOES: None ABSENT: None E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL Mayor Shelton asked staff to prepare correspondence to Senator Mello requesting assistance with the construction of 8 new City slips. Mr. Bressan stated that staff had already sent such a letter, and the Mayor asked if a similar letter could be prepared for Council's signature. Mayor Shelton also asked staff to formulate a Resolution to send to Congressman Leon Panetta in support of H.R. 6365, which would ban offshore drilling along the Central and Northern California coastline. E-3 CITY ADMINISTRATOR Mr. Baxter asked Mr. Bressan to give a brief report on the letter received from the Department of Water Resources. Mr. Bressan stated that the letter was verification of a loan offer of approximately 1.5 million dollars for waterline replacement projects. Mr. Baxter explained that this was not a grant, and that it would be predicated upon the City's ability to repay the loan, which at 82% interest for twenty five years, would be approximately $145,200 per year, contingent upon the successful sale of bonds. Mayor Shelton expressed his thanks to Mary Sanders for her support of Miss Morro Bay at the Santa Cruz beauty pageant. MOTION: Councilmember Zeuschner moved that the meeting be adjourned until July loth at 1:00 p.m. The motion was seconded by Councilmember Lemons and carried unanimously. The meeting was adjourned at 11:59 P.M. RESPE1jTRLLLY SUBMI ED, jC PEGGY BUfl9, EPUT� CLERK MORRO BAY CITY COUNCIL 0 REGULAR AGENDA - JUNE 14, 1982 RECREATION HALL - 7:30 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE INNVOCATION - Bob Whaley, Calvary Baptist Church A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 Resolution Revising Master Fee Schedule and Building Permit Fee Schedule Update (Continued from 5-24) A-2 Amendment of Ordinance No. 185 - Regarding Animals (Continued from 5-24) A-3 Case No. CZ 01-82 Consideration of Planning Commission recommendation for change of zone from R-1, S-2, M, to R-4, for properties in Block 15, Ocean Heights Tract No. 1 (Continued from 5-24) A-4 Consideration of Ordinance to Amend Chapters 8.24, 9.28, 10.52, 10.48, and 10.16 of the Morro Bay Municipal Code - Regarding Violations and Penalties A-5 Police Incident File regarding Morro Bay Garbage Company B. UNFINISHED BUSINESS B-1 Request by Mary Phillips for exemption from Mandatory Refuse Service (Cont. from 5/24) B-2 Resolution Ratifying the JPA Establishing the SLO County Area Council of Governments and Ratifying the Annual Transportation Overall Work Program (Cont. from 5/24) B-3 Emergency Medical Services Agency regarding EMT II Program (Cont. from 5/24) C. NEW BUSINESS C-1 Presentation by Representative of the Morro Bay Motel Owners Association concerning the Fresno County Fair D. CONSENT CALENDAR D-1 Resolution Opposing Construction of a New Correctional Institution at Camp Roberts D-2 Resolution withdrawing from Membership in the Central Coast Regional Criminal Justice Planning Board as of June 30, 1982 D-3 Chamber of Commerce Expenditure Report for May, 1982 D-4 City Council minutes from Regular Meetings of April 26, May 10 and May 24, and Adjourned Meeting of May 18, Public Hearing of May 24th, and Special Meeting of June 2. D-5 Year End Transfers from the Contingency Fund to various Departments D-6 Worker's Compensation Compromise and Release Settlement Authorization on Gary Donovan D-7 Ratification of Hardship Variance to be granted to Tessie Sather of 1288 Berwick D-8 Overhead rate adjustment - Brown and Caldwell Agreement for Engineering Services D-9 Request by Chamber of Commerce to hold a parade on July 3rd, 1982 .f • D-10 Request by Chamber of Commerce to hold a mini -carnival in PG&E parking lot on July 3rd, 1982 E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator /pb MORRO BAY CITY COUNCIL • REGULAR MEETING - JUNE 14, 1982 �' RECREATION HALL - 7:30 P.M. Mayor Warren M. Dorn called the meeting to order at 7:30 o.m. The Pledge of Allegiance was led by Chief Bernie Zerr, and the innvocation was given by Rev. Bob Whaley of the Calvary Baptist Church. ROLL CALL PRESENT: Warren M. Dorn Dorotha Deutsch Rodger Anderson John Lemons Herminia Ward STAFF: Paul Baxter Michael T. LeSage John Bressan Murrel Crump Gary Napper Al Olson Mary Sanders Gere Sibbach Bernie Zerr Peggy Buchanan Mayor Councilwoman Councilman Councilman Councilwoman City Administrator City Attorney Public Works Director Community Development Director Administrative Assistant Police Chief Recreation Director Finance Director Fire Chief Deputy City Clerk Mayor Dorn announced that several agenda items would be continued to the regular meeting of June 28th, and asked Paul Baxter to review these items. Paul Baxter stated that items A-1, a Resolution Revising the Master Fee Schedule and Building Permit Fee Schedule; A-3, Case No. CZ 01-82 Consideration of Planning Commission recommendation for change of zone from R-1, S-2, M, to R-4 for properties in Block 15 of Ocean Heights Tract No. 1; A-4, Consideration of an Ordinance to Amend Chapters 8.24, 9.27, 10.52, 10.48 and 10.16 of the Municipal Code regarding Violations and Penalties; and B-1, Request by Mary Phillips for exemption from Mandatory Refuse Service, would be continued until the regular meeting of June 28th. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-2 AMENDMENT OF ORDINANCE NO. 185 - REGARDING, ANIMALS (Cont. from 5/24) Chief Olson stated that he and the Finance Director were still in the process of correcting the minor problems with the Ordinance, and would bring this item back to Council at their June 28th meeting. B. UNFINISHED BUSINESS "VA THE JPA ESTABLI AREA COUNCIL OF GOVERNMENTS Paul Baxter stated that the City has not yet received the final draft of the Resolution and suggested that this item be continued to the meeting of June 28th. It was so ordered. Mayor Dorn announced that Mayor -Elect Gene Shelton and new Councilmembers Bud Zeuschner and Bruce Risley were present in the audience, and welcomed them to the meeting. MORRO BAY CITY COUNCIL • • REGULAR MEETING - JUNE 14, 1982 PAGE TWO B-3 EMERGENCY MEDICAL SERVICES AGENCY REGARDING EMT II PROGRAM (Cont. from 5/24) Paul Baxter stated that this item had been continued from the reaular Council meeting of May 24th, for further input from a representative of the EMS Agency. Dr. Larry Newman, Medical Director of the Emergency Medical Services Agency (EMSA) was present on behalf of the agency and explained that Dr. Bernhart had been unable to attend. Dr. Newman gave a presentation regarding the purpose and function of the EMSA, and explained the EMT II program to Council and the audience. Dr. Newman stated that San Luis Obispo County is one of only 12 counties in the entire state that do not presently have an EMT II program. It has been estimated that this program could save at least 50 lives a year in San Luis Obispo County alone Dr. Newman reported. Dr. Newman explained the financial request of the EMSA, for $3,000 from the City of Morro Bay. Although other Cities in the County are being asked to contribute on a per capita basis, Morro Bay had previously offered the sum of $3,000, and it was hoped by the EMSA that this offer would still be made. Councilwoman Deutsch asked for clarification on this amount, and what the State's response to this program was. Dr. Newman stated that although the amount of money needed this year for the program seemed high, a vast majority of the expenses were for initial training aides and that it was the program's goal to be self -funding eventually, through student tuition and funding from the County for Medical Director's salaries and Nurse Coordinator's salary. Dr. Newman reported that the State was satisfied with the program, as long as the County Health Officer retained final certification powers. Mayor Dorn stated that this Council is very supportive of the program and want to extend the offer of the $3,000, however it would be up to the succeeding Council to make the final decision. Paul Baxter informed Council that although this was indeed a very important_ program, the City might be faced with the loss of State monies totali n �_2_40_,000_,_and that any future allocation of funds should be made with this in mind. C. NEW BUSINESS C-1 PRESENTA OF THE MORRO BAY MOTEL OWNERS AS' Mayor Dorn stated that this item was a request by the Morro Bay Motel Owners Association for funds to set up a booth at the Fresno County Fair, to promote tourism. Mayor Dorn suggested that since this item concerned funds, it be held until the meeting of the 28th of June. It was so ordered. D. CONSENT CALENDAR Paul Baxter reviewed the following items on the Consent Calendar: D-1 RESOLUTION OPPOSING CONSTRUCTION OF A NEW CORRECTIONAL INSTITUTION AT CAMP ROBERTS Paul Baxter recommended that Council agrove the Resolution opposing additional correctional facilities at Camp Roberts or in the ounty. • • MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1982 PAGE THREE D-2 RESOLUTION WITHDRAWING FROM MEMBERSHIP IN THE CENTRAL COAST REGIONAL CRIMINAL JUSTICE PLANNING BOARD AS OF JUNE 30. 1982 Paul Baxter recommended that Council adopt the Resolution withdrawing the City from membership in the Central Coast Regional Criminal Justice Planning Board, which has been dissolved due to the termination of State and Federal funding. D-3 CHAMBER OF COMMERCE EXPENDITURE REPORT Paul Baxter stated that the Finance Director recommends approval of the Chamber of Commerce Expenditure Report for May, 1982, in the amount of $1,289.73. D-4 CITY COUNCIL MINUTES FROM REGULAR MEETINGS OF APRIL 26. MAY 10. AND MAY 24. AN Paul Baxter recommended approval of the above City Council minutes as submitted. D-5 YEAR END TRANSFERS FROM THE CONTINGENCY FUND TO VARIOUS DEPARTMENTS Mr. Baxter stated that the Finance Director has reviewed the transfer from the Contingency Fund to various departments, and recommends that Council authorize the transfer of $32,600 from the General Fund Contingencies to the budget units as noted in the Finance Director's report. TION COMPROMISE F JUNE 2 ON GARY Paul Baxter recommended that Council authorize Fitzpatrick Self -Insurance Administrators to secure a compromise and release on Gary Donovan in an amount not to exceed $7,500. D-7 RATIFICATION OF HARDSHIP VARIANCE TO BE GRANTED TO TESSIE SATHER OF 1288 BERWICK Mr. Baxter recommended that Council approve the Refuse Boards recommendation for a hardship variance to Tessie Sather of 1288 Berwick, by ratification of the Board's action. D-8 OVERHEAD RATE ADJUSTMENT.- BROWN AND CALDWELL AGREEMENT FOR ENGINEERING SERVICES Paul Baxter recommended that Council approve Amendment No. 1 to Agreement for Engineering Services between the City of Morro Bay and Brown and Caldwell for Phase One Water Management Plan, due to an audit by the Environmental Protection Agency, and that Council authorize the Mayor to sign the Amendment and authorize payment of an additional $1,564 to Brown and Caldwell. D-9 REQUEST BY CHAMBER OF COMMERCE TO HOLD A PARADE ON JULY 3RD 1982 Paul Baxter recommended that Council approve the Use Permit for the Chamber of Commerce to hold their annual 4th of July parade on July 3rd, 1982. 11 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1982 PAGE FOUR D-10 UEST TO HOLD A MINI -CARNIVAL IN THE PARKING LOT Mr. Baxter recommended that Council approve the Council request for a carnival on July 3, 1982, in the parking lot area adjacent to PG&E. Howard Gaines protested the Chamber of Commerce requests for a parade and mini - carnival (Items D-9, and D-10), and stated that they were in violation of a City Ordinance and Measure A. Mr. Gaines objected to the expenditure of City funds for this activity. Gere Sibbach stated that these expenditures will take place out of the new 1982-83 contract with the Chamber, and there will be very little City cost involved. Chief Olson stated that Police Explorers will be on duty during both activities, at no charge to the City. Councilman Lemons stated that he could see no reason not to hold the parade and mini -carnival, that it was a celebration of the 4th of July, and not an event to attract tourists. The other Councilmembers agreed. Mike LeSage stated that it was his opinion that as a celebration of this holiday, the events would not violate any ordinance, and would cause very little if any, City expense. MOTION: Councilman Lemons moved that the Consent Calendar be approved as submitted. The motion was seconded by Councilwoman Ward, and carried unanimously. Mary Phillips requested clarification regarding her request for exemption for mandatory refuse collection. Mayor Dorn and Paul Baxter stated that this item had been continued until the meeting of June 28th, however the Mayor suggested that this request be taken to the Refuse Franchise Board for their consideration. Councilwoman Ward gave her thanks to Paul Baxter and staff for their hard work and cooperation, and stated that it was due to this effort on the part of Mr. Baxter and his staff that this Council had accomplished so much during the last two years. Councilwoman Deutsch echoed Councilwoman Ward's thanks to staff, Paul Baxter, Mike LeSage and the citizens of Morro Bay. Mayor Warren Dorn commended City Attorney Mike LeSage for his excellent work on the Tidelands litigation, and gave individual thanks and praise to Department Heads and staff, and expressed his hope that the excellent cooperation between Council and staff would continue. Mayor Dorn pledged his support to the City and offered his help in any way needed. Mayor Dorn invited Mayor -Elect Shelton to speak. Mayor -Elect Shelton thanked the Council and also pledged to work with staff for a better Morro Bay. MOTION: Upon motion by Councilman Lemons, and second by Councilwoman Ward, the meeting was adjourned at 8:30 p.m. RESPECTFULLY SUBMITTED, �� / / MORR0 BAY CITY COUNCIL • SPECIAL`MEETING/BUDGET WORKSHOP - June 2, 1982 RECREATION HALL - 4:00 P.M. Mayor Warren M. Dorn called the meeting to order at 4:10 p.m. R01 I CAI I PRESENT: Warren M. Dorn John Lemons Herminia Ward ABSENT: Rodger Anderson Dorotha Deutsch STAFF: Paul Baxter John Bressan Murrel Crump Gary Napper Al Olson Mary Sanders Gere Sibbach Bernie Zerr Peggy Buchanan Mayor Councilman Councilwoman Councilman Councilwoman City Administrator Public Works Director Director of Community Development Administrative Assistant Police Chief Recreation Director Finance Director Fire Chief Deputy City Clerk Mayor Dorn stated that the second item on the agenda, the Display of Flaos at Morro Bay Parks, had been taken care of by the donation of a flag from Congressman Goldwater's office, and the possible donation of a second flag from Congressman Panetta. MOTION: Mayor Dorn r•.ioved that staff have appropriate flags placed in Morro Bay Park on Display. Seconded by Councilwoman Ward, and carried unanimously. (3-0) Item No. 1 on the Special City Council agenda, Appointment of Harbor Advisory Board Alternate Members, was explained by Mr. Baxter. The City Administrator stated that at a previous Council meeting, appointments had been rnade to the Harbor Advisory Board, but that Council had delayed in appointing alternates due to a lack of applications. Mr. Baxter suggested that possibly the Council could appoint those persons who had applied as alternates, and continue to solicit applications to fill the remaining vacancies. fayor Dorn stated that he had thought this had been accomplished at the previous rieeting but if not, it should be done now. Paul Baxter read the names of those individuals who had submitted applications, and the category they should fill as suggested by the Public 1,'orks Director. MOTION: Mayor Dorn moved that the following persons should be apointed to the Harbor Advisory Board as alternate members, and that staff should continue to solicit applications for the remaining two vacancies: Sidney Newfield James Olson Gene Koblick Virginia Yeoman The motion was seconded by Councilman Lemons and carried unanimously. (3-0) MORRO BAY CITY COUNCIL SPECIAL MEETING/BUDGET WORKSHOP - June 2, 1982 PAGE TWO This concluded the Special Council meeting. The Budget Workshop Meeting began at 4:20 p.m. Mayor Dorn announced that this was a continuation of the Public Hearing held on May 24th, regarding the proposed 1982-83 budget. Paul Baxter stated that Department Heads were present to give additional information to Council and to answer any questions that might arise. Mr. Baxter reviewed the Administrative Budget, and then asked each Department Head to comment briefly on their individual budget requests. Councilman Lemons asked for a short explanation of the fund transfers. Mr. Baxter reported that these were overhead administrative costs that were being charged to individual departments from non -general funds. Herminia Ward was interested in the amount of money budgeted for legal services, and asked how this figure was projected. Paul Baxter stated that the City Attorney fees reflect the "predictable" legal fees for the City, and any other costs were basically unpredictable. Councilman Lemons asked if there were to be labor negotiations this year. Gary Napper, Adminstrative Assistant stated that there would be no new negotiations until the Spring of 1983, however, the contract for the management firm was included in this proposed budget. Gere Sibbach reviewed the proposed Finance Department Budget and answered questions regarding additional revenue from the extra 2t on gas tax. Mr. Sibbach stated that approximately $30,000 was expected as the first increment of this tax with the final sum of about $50,000 expected the following year. Councilman Lemons questioned the City's position regarding State subventions in regards to the cigarette and motor -vehicle in -lieu monies. Paul Baxter stated that this proposed budget did reflect a partial cutback, but did not reflect the cut back of the total $89,000 that the City could lose if these State monies were stopped. Gere Sibbach explained that he will attend a meeting on June 16, at which he should be able to gather the very latest information regarding the State budget and at this point the Council and staff will have to decide whether additional funds should be decreased. Paul Baxter mentioned that the City does have a contingency fund of approximately $250,000, and if the proposed fee changes are adopted an additional $50,000 would be generated; which would cover the loss of State monies. However, certain capital projects might need to be cut back also. Councilman Lemons indicated an interest in reviewing the figures for this fiscal year's (81-82) budget. Mr. Sibbach stated that these figures were available. There were no questions on the Recreation Department proposed budget. MORRO BAY CITY COUNCIL • • SPECIAL MEETING/BUDGET WORKSHOP - June 2, 1982 PAGE THREE The Community Development Director briefly reviewed his department's proposed budget. Councilwoman Ward reviewed the additional personnel requested, and asked if the contract employee would remain with the City after the one year period. Mr. Crump indicated that the employee would not, and that this would most likely be an "entry level" employee, perhaps a recent graduate who wished to gain experience. Councilwoman Ward asked Mr. Baxter if there were any legal expenses budgeted for in this department. Mr. Baxter stated that any legal fees would come out of the City Attorney's fund. Chief Olson answered several questions regarding his portion of the proposed budget. Councilwoman Ward questioned whether there were funds budgeted to cover the position held by Joanne Rector. Chief Olson stated that only partial funds were budgeted for this year. Councilman Lemons asked how many reserve officers were presently available. Chief Olson stated that currently only 2 were on -board, but the Personnel Department was presently recruting for additional reserve officers. Fire Chief Zerr explained several items in his proposed budget, including the change to a full-time clerical position, and the purchase of a mid -size fire truck. Councilman Lemons asked about the cardiac monitor, and the frequency of the Fire "ambulance's" use. Chief Zerr stated that the cardiac monitor would be for use by EMT II program, and that to dated the rescue ambulance had made only one calla Councilwoman Ward asked how many reserve officers the Fire Department presently had. Chief Zerr stated that there was a tremendous turnover, but that there should be 20 reserve officers shortly. John Bressan briefly reviewed the Public Works Department budget and explained that included in this proposed budget were funds to continue the water line replacement program, to pave the majority of the north end of town where lines had been replaced, and to continue work on the Wastewater Treatment Plant. Councilwoman Ward asked what was planned for the Harbor Divison? Mr. Baxter stated that although additional personnel was needed, that until the revenue picture for that was clearer, no additional expenditures were recommended. There was discussion regarding several recent incidents at the Harbor, and John Bressan stated that the Harbor Advisory Board would look into the use of 220 voltage at the Harbor, as well as the possible removal of a restroom facility at Beach Street. MORRO BAY CITY COUNCIL 0 • SPECIAL MEETING/BUDGET WORKSHOP - JUNE 2, 1982 PAGE FOUR Mayor Dorn asked about the progress of the Wastewater Treatment Plant Oufall. Mr. Bressan stated that the Outfall is in place at 62' depth and the plant is back in full operation. Mr. Bressan stated that before the moratorium could be lifted the Water Quality Control Board would have to have 3 months of data of the operation of the outfall, and this would mean waiting until September. There were no comments on the Non -Departmental portion of the proposed budget. The Council adjourned to Closed Session at 5:25 p.m. and reconvened at 5:30 p.m. MOTION: Councilman Lemons moved that the meeting be adjourned. Seconded by Councilwoman Ward, the meeting was adjourned at 5:30 p.m. fggy RESPESUBMITTED, Buc anan Deputy City Clerk MORRO BAY CITY COUNCIL 46 REGULAR MEETING OF MAY 24, T982 RECREATION HALL - 7:30 P.M. Call to Order Pledge of Allegiance - Horace Strong, representing Morro Bay Veterans Invocation by: Ron Fay, E1 Morro Church of the Nazarene 4:00 P.M. - Public Hearing Regarding Proposed 1982-83 Budget A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 Consideration of a Planning Commission Recommendation for a Change in Zone from R-1, S-2, M, to R-4 for Properties located in Block 15, Ocean Heights, Tract No. 1 (Continued) A-2 Resolution Revising Master Fee Schedule (Continued) A-3 Award of $15,500 Community Promotion Activities Contract for 1982-83 A-4 Public Hearing to Appeal Requirement to Abate Weeds and Hazardous Nuisances A-5 Amendment of Ordinance #185 - Animals (Title 7) B. UNFINISHED BUSINESS B-1 Settlement of Tidelands Park Boundary Line B-2 An Ordinance Adopting and Approving Revisions to the Local Coastal Program Proposed Land Use Plan Concerning Allocation of Water Gained through Loss Recovery (2nd reading) B-3 Amendment to Municipal Code Section 15.48.030 Regarding Terms of Office for Harbor Advisory Board (2nd reading) B-4 An Ordinance Amending Municipal Code Establishing Master Fee Schedule (2nd reading) C. NEW BUSINESS C-1 Department of Water Resources Report on Water Management Study C-2 Request by Shirley Rogers to Assign Lease Sites 63, 64, 63W and 64W to Robert and Josephine M. Gray C-3 Presentation of Emergency Medical Services Agency Program C-4 Request for Permit for Private Patrol Service - SLO Security (Applicant) C-5 Request for Authorization to Purchase a Dump Truck C-6 Building Permit Fee Schedule Update C-7 Request by Mary Phillips for Refuse Collection Exemption D. CONSENT CALENDAR D-1 Acceptance of Audit Reports for Year Ending June 30, 1981 D-2 Award of Bid No. 81-001-33 for Traffic Line Striping Project 6 0 D-3 Award Weed Abatement Contract to Stacy's Marine Service of Morro Bay D-4 Award of Bid PW 82-130 - Maintenance Overlay Asphalt Supply to Kaiser Sand & Gravel D-5 Annual Ratification of the JPA Creating San Luis Obispo County Area Council of Governments and the FY 1982-83 Overall Work Program D-6 Permission to Seek Applications for Three Parks and Recreation Commission seats to be Vacant 6/30/82 D-7 Clarification to Recent Appointment on Harbor Advisory Board D-8 Proclamation Declaring June 6 through 12 as National Safe Boating Week D-9 Proclamation of June 1982 as Parks & Recreation Month D-10 Chamber of Commerce Sidewalk Sale D-11 Expenditure Report for City for the Month of April 1982 D-12 Resolution to Establish Fines for Violation of the Bicycle Ordinance E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MORRO BAY "CITY COUNCIL Regular Meeting -flay 24, 1962- Recreation Ha-ll - 7 30 'p.m Mayor.:Warren M. Dorn called the meeting to"order at-7:30 p.m. The Pledge of Allegiance was`l"ed by -.Police Chief :Al -•Olson. `The innvoca,'tion`was, given by ROLL CALV :PRESENT: Rockier>J. Anderson - Councilman Dorotha Deutsch Councilwoman Herminia Ward' <Cquncilwoman -: Warren:",hl. Dorn` Mayor ABSENT: John Lemons Councilman. - (excus:0) STAFF: .-Paul Baxter City Administrator Michael LeSape City Attorney, John Bressan : Public Ilorks Director Murrel-Crump Director of Comm Development Gary. Napper Administrative Assistant %Al Olson PoliceChief Mary Sanders Recreation Director Gore Sibbach Finance Director Bernie Zerr Fire Chief Peggy Buchanan Deputy City Clerk A. ' PUBLIC HEAP.INGS, REPORTS & APPEARANCES A-1 _ CONSIDERATION OF A PLANNING, COMMISSION RECOMMENDATION FORA ;CHANGE IN ZONE FROM R-1, S-2, M,:TO R-4 FOR PROPERTIES' LOCATED IN BLOCK 15, OCEAN HEIGHTS, TRACT NO. 1 CONTINUED Paul Baxter stated that this item had been continued from the Council meeting of May loth to await futher,recommendations from the Planning Commission, 11r. Baxter exnTained that the°Planning Commission has continued their discussion on this matter to their June 7th_ meeting and therefore it would be necessary to continue this Public Hearinn until their meeting of June 14; 1982. Mayor Dorn. stated that with no objections it was so ordered. A-2 RESOLUTION REVISING PIASTER FEE SCHEDULE (CONTINUED) Mr: Baxter stated that this item. (alonri with the -direct ly ;related Ordince, No. B-4) was before Council so that a. Public Hearing could be held., prior to any decision Council _ might. wish to make: Mayor Dorn opened the Public Hearing: Mr," Ralph Boyd, a recent resident of Morro.P.ay was present: to speak regarding the proposed fee hikes. Mayor Dorn then asked if this Public Hearing could be continued, as Councilman Lemons had indicated that this was a matter"of:concern to him., and he would like to be present. 41ORRo BAY CITY "COUNCIL` • Regular Meeting'- May 24 1982 Page. Two Mr. Boyd stated that he would be happy to return at a future meeting with. -his comments. Mayor Dorn stated that the Council would be glad to'receive'.his comments at this time, if it wa•s inconvenient for him to return. .Mr. Boyd.'_declined to comment at that time. With no objections;, the Public Hearing was continued until June 14, 1982. A-3 >AWARD OF'$15,500 COMMUNITY PROMOTION ACTIVITIES CONTRACT FOR 1982-83`` Paul.Baxter,explained that in anticipation of the expiration.of the current Community Proib6tions Contract on June_30th, competitive W ddi•ng.was;solicited for the:FY 1982-83 contract. The Morro Bay Chamber of Commerce submitted the only bid and staff is recommending =that Council receive any public input on this item, and then award the FY . 1982-83 contract to the Morro Bay Chamber of. Commerce in the amount of $1,5 500. Mayor Dorn opened the Public Hearino; There were no comments from the public: . Councilwoman Deutsch asked: if this figure represents" -an amount. based on last fiscal years bed tax. - Paul Baxter stated that the $15,500 figure represents 5% of the bed tax -for the current fiscal year. MOTION: rja.yor Dorn moved that the Public,Hearing, be closed. ,The' motion was seconded; by Councilwo n.Deutsch and passed unanimously. (4-0) MOTION: Mayor Dorn moved that Council award the,FY 1.982-83 Community Promotions contract toj the Morro -'Bay Chamber of Commerce'in " the amount,of-'$15500, and authorize the Mayor to sign on behalf of the City,:.;; The motion was seconded by.Councilwoman Deutsch and carried by the following roll call 'vote: AYES" Ward, Anderson, -Deutsch, Dorn NOES.c Norie ABSE�iT.y .Lemons,._ _ A-4 PUBLIC HEARING TO APPEAL REQUIREMENT,TO ABATE WEEDS AND HAZARDOUS.NUISANCES John Bressan4s tated that this was a reouired`.Public Hearino,"to allow those persons wishing to appeal the CiG s requirement to abate'weeds as'a fire', health, and public nuisance hazard. Mr.Bressan'stated thatit would-be appropriate for Council to open the Public Hearing and receive any comments Mayor `Dorn opened the Public Hearing_ There were no comments from the audience. MOTION: Councilman Anderson moved that the Public Hearing beclosed. The_. motion was -seconded :by Councilwoman Ward and carried" by following ro1T call vote:. AYES: Ward, Anderson, -Deutsch, Dorn NOES: "None ABSENT: Lemons MORRO BAY CITY COUNCIL - _ • Regular Meeting - May 24, 1982 Paae Three Councilman Anderson asked Mr. Bressan what the last day would be for a citizen to clear his own ;property and avoid charges. Mr. Mike Wolski stated that June 6th would be .the last _day. Mayor Dornstated that he had 'received several complaints and concerns regarding the weeds along the proposed Tidelands Park area. Mr. Bressan stated that'.thi.s was City property and City crews were scheduled to abate those weeds. A-5 ' AMENDMENT OF'ORDINANCE NO. ,85 - ANIMALS Paul Baxter stated that several discrepancies had been found'in;this Ordinance and requested that this matter be continued until the meeting 'of -June 14, 1982. With no objections, the -Mayor so ordered. B. UNFINISHED BUSINESS, B-1 SETTLEMENT OF TIDELANDS PARK BOUNDARY LINE Paul Baxter stated that City Attorney Mike'LeSage would report on, this item. Mr. LeSage:gave a brief oral report,: outlA ning,the finalized agreement and the City's committments to those property owners. Mr: LeSage:. tated;.that this litigation had been on -going for approximately,,fi,ve years. With the entire area settled, th.e. City will not need to expend large -amounts of money to determine where property fines are, and this will'aid property owners also. Mr. LeSage stated that the agreement is now being signed by State Lands, and-then,it will go to :court. to: -secure a judgement to determine forever; where`' the -1 i nes-are. Mayor Dorn thanked Mr. LeSage`for his:efforts over the past years, and stated that this was an enormous accomplishment both for Mr. LeSage`and the City. B-2 Mr. Baxter explained that this "was the final reading.for an Ordinance to allocate water that the City has saved as a result of pipe replacement (200>acre feet.) Staff recommends' that this Ordinance be read by title and number only and adopted as a final reading. MOTION: Councilwoman Deutsch moved that Council "read this`Ord"i,nance.by" title and number only. The motion was seconded by Councilwoman Ward and carried unanimously. (4-0) Paul Baxter _read ".An.Ordi.ance Adopting and Approving Revisions to the Local Program Proposed Land Use Plan Concernine Allocation of Water Cained throuah loss Recovery." MOTION: Councilwoman Deutsch moved that Council adopt this Ordinance as its final reading. The motion was seconded by'Councilman'Anderson and carried by the following roll call, vote: AYES: Ward, Anderson,'DeutschDorn NOESc None ABSENT: Lemons MORRO BAY CITY COUNCIL Regular Meeting'- May 24,:1982 Page Four B-3 AMENDMENT TO MUNICIPAL>CODE SECTION 15.48.030 REGARDING TERMS OF OFFICE FOR HARBOR ADVISORY BOARD2nd reading Paul Baxter stated that this was the second reading of an ;Ordinance that would schedule overlaoping_terms of ;office for member of the Harbor Advisory Board, parallel ,to other Council appointments: MOTION: Councilwoman -Deutsch moved that the Ordinance be read by' title ' and number only. The motion was seconded by Councilwoman Ward and carried unanimously., (4-0) Paul Baxter read "An Ordinance to Arend Muncipal Code Section 15.48.030 Regarding Terms of Office .for the Harbor Advisory Board." MOTION: Councilwoman Ward moved that Council adopt this Ordinance as its second "readina. The motion was '`seconded by Councilwoman Deutsch and%carried by the following roll :call'- vote: AYES: Ward,,Anderson, Deutsch; Dorn NOES: None ABSENT: Lemons B-4 AN ORDINANCE AMENDING MUNICIPAL: CODE ESTABLISHING MASTER FEE'SCHEDULE (2nd'-reading) Paui' Baxter.explained that this is the second.readino of an. Ordinance ;that_would.delete from the Municipal Code references to -fees and would✓ establish a"Master Fee Schedule that can be adjusted annually based upon revised costs that the Ci-ty incurs when performing services related to fees:'. ]MOTION: Mayor Dorn moved"that this Ordinance be read by title and number only. Councilwoman Deutsch seconded the'- motion and,it`was carried unanimously.(4-0) Paul Baxter read "An.- Ordinance Amendno Municipal Co -de Establishing a Paster Fee Schedule." MOTION: 'Councilwoman Ward moved,that Council adopt this Ordinance: as its second readinq.` Councilman Anderson seconded the motion and it was carried by the following.roll call vote AYES: ­_Ward, Anderson,' Deutsch,; Dorn NOES: None ABSENT: Lemons C. NEW BUSINESS C-1 DEPARTMENT OF WAT Rf RESOURCESs'REPORT'ON WATER' MANAGEMENT STUDY` John'Bressan gave.a brief report on the Water Management Study, and,stated that final report will'.be made.ayailable to -'Council and the, public when;available,. and comments will be sent to tre"Deparrtment-of Water iRespuroes for addition or deletion to the study. _-: Mr..,Bressan said the,study;had.found that there vas sufficient water'existina to"meet -- -- - - the City's neecs froe; both basins to the_.vear_-000. and-there-w.as_no__evidence_ofsiani-ficant — - - --- - salt -water 0 40 MCRRO BAY CITY COUNCIL Regular Meeting - May 24, 19S2 Page Six There was a brief discussion among Council, and it was decided that this item should be held until later in the meeting, to see if representatives of the EMSA. would arrive, and if not, until a later meetinn. C-4 REQUEST FOR PERMIT FOR. PRIVATE PATROL SERVICE - SLO SECURITY (APPLICANT) Paul Baxter requested that Police Chief Al Olson provide the staff report. Chief Olson explained that the City has received a permit request from San Luis Obispo Security to operate a guard service within Morro Bay. Chief Olson reported that a background investicaticn revealed nothing to preclude issuing the perr-rit. Chief Clson pointed out that their is a need for such a service, to comply with the City's recent Ordinance renardinn dances, etc., where a security guard is required. There are no such services nresently oneratinn within Horro Bay. MOTION: Mayor Dorn moved that the Council approve the granting of a permit authorizing San Luis Obispo Security to operate within the City of Morro Bay. The motion was seconded by Councilwoman Deutsch and carried by the following roll call vote: AY ES: !•lard, Anderson, Deutsch, Lemons, Dorn NOES: None ABSENT: None C-5 REQUEST FOR AUTHORIZATION TO PURCHASE A DUMP TRUCK Paul Baxter explained that the Director cf Public Yorks has requested that he be allowed to purchase a used dump truck fir. Baxter explained that the City nresently has an annual expenditure of approximately $5,000 to rent a dump truck, as the cost of a new truck is somewhere around $40,000. However, to purchase a used dump truck as requested, would run approximately $7,500, which would result in cost -savings to the City. NOTION: Mayor Dorn moved that the Council authorize the Director of Public Works to request bids for a used dump truck. The motion was seconded by Councilwoman Bard and carried by the following roll call vote: AYES: Ward, Anderson, NOES: None ABSENT: None Deutsch, Lemons, Dorn C-E BUILDING PERMIT FEE SCHEDULE UPDATE Mr. Baxter stated that since this item is a portion of the Master Fee Schedule (A-2) Council should also continue it to a later date. With no objections, the Mayor so ordered. C-7 REOtUEST BY HARY PHILLIPS FOR REFUSE COLLECTION EXEMPTION Paul Baxter stated that the Council had been requested by Mary Phillips to consider exempting her from ^landatory Refuse Collection. MORRO BAY CITY COUNCIL 0 9 Regular Meeting - May 24, 1982 Page Seven Mary Phillips was not present. Councilwoman Deutsch stated that a written request should be presented to the Refuse Franchise Board for their recommendation to Council. Council agreed that Ms. Phillips should attempt to provide the Refuse Franchise Board with her reasons for requesting the exemption, and have them make their recommendation directly to Council. MOTION: Councilwoman Deutsch moved that Council direct Mary Phillips to submit a written request for exemption to the Refuse Franchise Board. The motion was seconded by Councilwoman Ward and carried unanimously. (.4-0) D. CONSENT CALENDAR D-1 ACCEPTANCE OF AUDIT REPORTS FOR YEAR ENDING JUNE 30, 1981 Paul Baxter stated that audit reports had been received from the Dial -A -Ride Funds and gas tax funds from FY 80-81 with no deficiences noted. He stated that the Finance Director would give a brief report at the close of the meeting. Mr. Baxter recommend that Council accept and file the FY 80-81 audit reports as submitted. D-2 AWARD OF BID NO. 81-001-33 FOR TRAFFIC LINE STRIPING PROJECT Mr. Baxter explained that bids had been received for the traffice line striping project, and that the low bid was received from Safety Striping of Filmore, California, in the amount of $5,048. Staff recommends that this bid be award to Safety Striping in the amount of $5,048, and that the attached Resolution be adopted. D-3 AWARD OF WEED ABATEMENT CONTRACT TO STACY'S MARINE SERVICE OF MORRO BAY Paul Baxter reported that sealed bids had been opened and the low bid was submitted by Stacy's Marine Service, for the lowest true cost per foot. Staff recommends that the bid be awarded to Stacy's Marine Service in the amount of $18.35 per hour, and that the attached Resolution be adopted. D-4 AWARD OF BID PW 82-130 - MAINTENANCE OVERLAY ASPHALT SUPPLY TO KAISER SAND & GRAVEL Paul Baxter stated that the Public Works Department had received three bids for the supply of maintenance overlay asphalt, the lowest bid from Kaiser Sand & Gravel in the amount of $24.88 per ton for 300 tons of overlay asphalt. Staff recommends that the bid be awarded to Kaiser San and Gravel in the amount of $24.88 per ton. D-5 ANNUAL RATIFICATION OF JPA CREATING SLO COUNTY This item was removed from the Consent Calendar pending an amendment to the agreement D-6 PERMISSION TO SEEK APPLICATIONS FOR THREE PARKS & RECREATION SEATS TO BE VACANT 6/30 Paul Baxter recommended that Council authorize staff to accept applications for appointment to the three positions on the Parks & Recreation Commission which will expire 6/30/82. MORRO BAY CITY COUNCIL 0 Regular Meeting - May 24, 1982 Page Eight D-7 CLARIFICATION TO RECENT APPOINTMENT ON HARBOR ADVISORY BOARD Paul Baxter stated that this was an informational item to explain that Mr. Frank Smith will fill the position on the Harbor Advisory Board representing sports fishing industry on an interim basis. D-8 PROCLAMATION DECLARING JUNE 6 THROUGH 12 NATIONAL SAFE BOATING WEEK Paul Baxter recommended that Council authorize the Mayor to proclaim June 6-12, 1982 as National Safe Boating Week as requested by the U.S. Coast Cuard Auxiliary. D-9 PROCLAMATION OF JUNE 1982 AS PARKS 9 RECREATION MONTH Mr. Baxter recommended that Council authorize the Mayor to proclaim June as Parks and Recreation month as requested by the Recreation Director and as endorsed by the National Parks and Recreation Association. D-10 CHAMBER OF COMMERCE - SIDEWALK SALE Mr. Baxter stated that the Chamber of Commerce has requested approval for their annual Sidewalk Sale on June 3, 4, and 5. Staff is recommending that Council approve the open space use permit for the Sidewalk Sale on June 3, 4 and 5, between 9 a.m. and 6 p.m. D-11 EXPENDITURE REPORT FOR THE CITY FOR THE MONTH OF APRIL 1982 The Finance Director has submitted the Expenditure Report for April and is recommending that Council approve it as submitted. D-12 RESOLUTION TO ESTABLISH FINES FOR VIOLATION OF THE BICYCLE ORDINANCE Paul Baxter explained that this Resolution is to enforce the Ordinance previously adopted by Council and to establish fines for violations. Staff is recommending that Council adopt the Resolution. Councilwoman Ward questioned the Finance Director and City Attorney LeSage regarding the City Attorney's fees for the month of April. Mr. LeSage stated that the bulk of the fees related to the initiative Measure E, and the court preparation. Councilman Anderson asked Mr. Bressan how the cost for weed abatement this year compares to last _years cost. Mr. Bressan stated that when the actual cost is calculated in cost per hour per foot, this years figure is about $3.00/hour cheaper. Councilman Anderson inquired as to what the current procedure is in regards to enforcement of the bicycle ordinance. Police Chief Olson stated that currently there is no enforcement of the Ordinance and that is why the Resolution should be adopted. Chief Olson stated that the Vehicle Code no longer deals with bicycle violations. Chief Olson stated that juveniles under 14 would not be fined, just cautioned. Gere Sibbach stated that he was very proud of the audit report received regarding the Dial -A -Ride and Gas Tax Funds, and explained that all expenditures had been allowed, and no deficiences had been found. Council congratulated Mr. Sibbach and his department on this excellent report. 6 i MORRO BAY CITY COUNCIL Regular Meeting - May 24, 1982 Page Nine NOTION: Mayor Dorn moved that Council approve the Consent Calendar as submitted, excepting item D-5 which was continued. The motion was seconded by. Councilwoman Ward and carried by the following roll call vote: AYES: Ward, Anderson, Deutsch, Lemons, Dorn NOES: None ABSENT: None MOTION: Mayor Dorn moved that the meeting be adjourned to 4:00 p.m. on June 2nd, for Council Budget Workshop meeting. The motion was seconded by Councilwoman Deutsch and carried unanimously. The meeting adjourned at 9:00 P.m. RESPECTFULLY SUBMITTED, tteJ PEGGY' BUCNANP.N DEPUTY CITY CLERK ;MORRC BAY C:ITY-COUNCIL Public Hearing on Recommended Budget;- May 24,.1982 Recreation Hall 4:00 p.m. PRESENT: Rodger Anderson Councilman Dorotha Deutsch Councilwoman Heminia Ward Councilwoman Warren Pi. Dorn lMayor ABSENT: John Lesions Councilman ` (excused) STAFF: - — - Paul Baxter City Administrator John Bressan Public Works Director Murrel Crump Director Community Development Gary Napper Administrative Assistant i Al Olson Police Chief Mary Sanders Recreation Director Gere Sibbach Finance Director. Bernie Zerr Fire Chief Penny Buchanan Deputy City Clerk The Mayor announced that it was the time and place.as published for a: Public Hearing on the 1982-83 Recormended Eudaet. Mayor Dorn stated that after a brief presentation by the City, public input would then be taken. Paul Baxter reviewed the preparation of the 1982-83 Recommended Budget with Council, and stated that it was approximately,$5.7 million which is a'3% increase over the current 1981-82 Budget. Mr. Baxter cave a short summation of the Administration portion of the recommended budget, and -stated that it was changed .very little from the current 1981-82 budget. Mr. Baxter explained that in this portion of the recommended budget, as in the other departments, manu:of the previously non -departmental expenditures had been transferred in the individual accounts, and this showed up as an increase. Each Department Head then gave a -brief, description and summation of, their respective budgets, outlining any increases in`.exoenditures_and explaining anv substantial'channes. Mary Sanders, Rkreation Director stated that the City.wi'l1,be- contracting for r^aintenance costs. for the.'City's-Public Buildinas.,srother th)ah directly. em'nlov nq custooians.i. Councilwoman Deutsch aues;tions the future:of the.present two custodial workers for the City.. Firs. Sanders stated that these embToyees wou1,d be better .utiIitize as maintenance.; workers,.doina'jobs such as repairs, .painting; and other jobs that the City presently contracts for. Mir. Baxter explained that -due to the addition of Del Mar Park, as well as.the present workload, the City was faced with`hrrnn an additional:employee which would cost the City approximately 120,000-"22,000`-and it uaas estimated that- by contracting for an outside custodial -service, the cost could be reduced to $18,000 - $20,000. MORRO BAY CITY COUNCIL • Public Hearing RE:: 1982 83-Budget/May 24, 1982 Page Two Al 0..1son mentioned in his summation of his department's recommended budget,; that the 75% funding for Officer Joe Reagan's;-salary had expired, and'requeste'`-that Council approve the expenditure to continue the Youth Program through Officer Reagan. Councilwoman Deutsch stated that it was her feeling that this was.an excellent program and the City should continue to fund Officer Reagan's salary. Chi.ef,Olson'also stated that the funds for, "the Neighborhood Watch Program had been,decreased, and although the program would continue, the department Could. not participate to the extent it had previously., Councilwoman Deutsch suggested that the Council find some means of continuing the City's participation in this program, and recommended that this subject,be discussed at the ,Budget Workshop on June 2nd. John.Bressan- state d that the-Public°Works,0epartment consisted of';seven,main divisions, -and reviewed the recommended budgets for 'each. Mayor Dorn stated that a.possible grant for the beautification of the Embarcadero. should be forthcoming soon, `and any and all expenditures that could be'funded from this grant should be, and not.rkew expenditures Gere Sibbach briefly --rev z i I ew6d the 'Non Departmental;expenditures,.such as telephone; insurance, and public utilities, which decreased'. Mr. Baxter then announced to Council that the City may be in danger of losing all " of its motor vehicle 'in -lieu funds -as well as cigarette; tax, for a combined total of $50,000 to $90,000. Mr. Baxter explained -that included in this recommended budget for the first time is an attempt to develop a 5-year. capital improvement budget to enable thee- Council to forsee any large expenditures in the future. This concluded the City is presentation, the Mayor then opened the`Public Hearing. Bruce Risley "requested a clarification -of the Harbor-auditing',procedures; and asked for an analysis of last years (81-82) budget.in comparison to this`years:(82,83).'' Gere Sibbach stated that the Harbor auditing: was for>Embarcadero-City•leases only,> to df'scover any under=reporting of gross, receipts which are the basis for the percentage rentsthose leases pay to the City. Both Mr. Baxter and Mr. Sibbach stated that it would.not.be possible to give a detailed analysis, of the 1981-82 budget, in comparison to the 1982->83 recommen_ d, budget, as the 81-82 fiscal'"year had not ended as yet., Mr." Sibbach stated>_that the projections and estimates.of`expenditures for ,the 1981`-82 budget were within a reasonable amount, and felt, that any discrepancies'were fairly minor. _ Mr. Risley asked if any comparisons had been made to- previous years. Mr. Baxter stated that on. page 15 of the Recommended 1982-83 Budget; there were compari-son figures to previous years budgets. Mr. Baxter statedthatthe 1982=83 MORRO BAY CITY- COUNCIL Budget Public Hearing/May 24, 1982 Page Three Recommended Budget is only a;3% increase over last years budget. Mrs. Howard Prosser of 239 Marina requested that Council consider' within the budoet " a project to construct a store drain on ":arina StreetFrs�rosser sated ti—-- she and her husband had been flooded numerous times from storm runoff. Mr. Bressan stated that a storm drain project for that area had been incorporated into the 1982783`budget. Mr.. Risley asked for an explanation of the discrepancy between the projected revenues and the projected expenditures. Mr. Sibbach stated that in most years, the City has a Fund Balance left from the previous year, due to underestimating of revenues, and ;.that. this Fund Balancehas in past years been rather large. Mayor Dorn stated that the City would not;lmd could not, spend money it did not have, and would always have a,balanced budget. -The Mayor suggested that the public participation be' limited to'suggestions for areas<the City could ;reduce expenditures, or -increase revenues, and what areas should be reduced if revenues are cut back. Mr. Ray Kalenbach suggested that volunteer help be utilitized in -such areas as survey taking, and water mahaoement . Councilwoman, Deutsch complimented staff on'the 1982-83 Recommended Budget, and stated that it was a pleasure -to deal with such a complete and detailed document. Councilwoman Deutsch also congratulated the staff en the audit report, which found no significant discrepancies.: Janet Bailey, with Friends of the Library, spoke to request;,that the Council consider _ some sort of joint venture with the County of SLO to provide the Morro Bay Library witb'additional faci7ties,°as they are tremendously short on .space'. Mayor Dorn stated that he had met with County Administrator Donald Stillwell to discuss the problem and would continue to work towards a solution. Ms. Bailey asked if the Council could contact the _:Board of 'Supervisors with this 'matter. Mayor Dorn agreed that the Council would contact the Board. Mr. Armitage spoke in support of the library and urged Council --to help in any way possible. Evonne Montgomery suggested that Council initiate a Public education program to inform the public on the workings of City government. Council agreed that many members of the public would like more information, but stated that this was not a priority for this Budget hearing. Upon motion by Mayor Dorn and second by Councilman Anderson, the Public Hearinq was continued until the Budnet`Workshop on June 2nd--at 4:00 p.m:' It was unanimously agreed. (4-0-1) At this time Council recessed at 5:50 p.m. until. their regularly- scheduled meeting at 7:30,p.m. this same evening. MORRO BAY CITY COUNCIL Adjourned Meeting - May 24, 1982 Conference Room - 12:00 noon PRESENT: Warren M. Dorn Mayor STAFF: Paul Baxter City Administrator The adjourned meeting of the City Council, May 24, 1982, was cancelled for lack of a quorum at 12:10p.m. MORRO BAY CITY COUNCIL • SPECIAL MEETING - MAY 18, 182 CITY HALL - 5:00 P.M. Mayor Warren M. Dorn called the meeting to order at 5:02 p.m. PRESENT: Warren M. Dorn John Lemons Dorotha Deutsch Herminia Ward STAFF: Paul Baxter John Bressan Louise Burt Mayor Councilman Councilwoman Councilwoman City Administrator Director of Public Works Accountant At this Point the Mayor indicated that Councilman Anderson had called and stated that he would be unable to make this meeting and requested that he be excused. Mayor Dorn asked if there were any objections by members of the Council to excusing Councilman Anderson and there were none, therefore the Mayor declared Councilman Anderson excused. The Mayor then proceeded to the agenda. 1. EXPRESSION OF COUNCIL SUPPORT ON THE STATeS DESIRE TO HAVE BETTER CONTROL OF Mayor Dornindicated that this item was the primary reason for calling the special meeting since Councilman Lemons would be absent at the regular meeting of May the 24th and wanted to participate in the discussion of this matter. The Mayor recounted a meeting he had held last week with the regional director of the State Park's system, Dick Felty-and other state officials while they were visiting in Morro Bay. He indicated that State Parks is concerned over having better control of access in the State Park area and Golf Course, as well as the marina and campground. It is their desire to not only cut down on traffic, out the speed of traffic and areas where State Park wants to maintain a higher. state of security. It is their intent to provide their own security patrol and to control access at the north and southern ends of the perimeter road, as well as restrict hours of access into the part: and golf course. The Mayor indicated that he is sympathetic to this request and as lone as these restrictions apply only to State land, it is agreeable to him. He also indicated that this is the only facility in the state parks system without such adequate controls. Councilwoman Deutsch questioned the reasonableness of closing the road since it is such a scenic area, or even wanting to limit the access. She stated that she would oppose any such closure. Councilwoman lard stated that -she didn't feel closure would have any effect on vandalism in the park: Councilwoman Deutsch continued„that the State is just trying to cut off traffic, and has never heard of any problems that would cause the State to take this action. At this point there was general discussion by all Council members Present on the State proposal. MORRO-BAY CITY COUNCIL • • Special Council Meeting - May 18, 1982 Page Two With Mayor Dorn and Councilman Lemons indicating their support of the matter and Councilwoman Ward and Councilwoman Deutsch's opposition to the matter, Councilman Lemons then indicated that he had been informed by the State that if the City would not entertain the proposal for restrictive access that the State would not be as favorably inclined to transfer the golf course to the City. He indicated that for this reason alone, the City should agree with the State's position. MOTION: Councilman Lemons moved that the City not oppose the State plan to secure the campground facilities and support their attempts to improve roads and provide their own security, as a means of helping the City gain control of the Morro Bay Golf Course. Seconded by Mayor Dorn. The motion was carried by the following roll call vote: AYES: Lemons, Dorn, Ward NOES: None ABSENT: Anderson ABSTAIN: Deutsch Councilwoman Deutsch then asked if the condition in the golf course trade is a new one and if:so when did it come up. She wanted to know if the information was available to Councilman Lemons, why the rest of Council had not been informed. Mayor Dorn indicated that the City needs to obtain control of the golf course, and if this involves securing access for the park that he would not oppose the State's position and their right to apply for such restrictions to the Coastal Commission. Councilwoman Deutsch wanted to know if this matter had been brought up earlier. Councilman Lemons indicated that the State had only just thought of this as a process by which they are analysing the entire factility. Councilwoman Ward indicated that if they want to take it over and relieve the City of any financial obligations for road maintenance and security, it would be agreeable to her. Councilwoman Deutsch indicated that if the above resolution would be modified to approve in concept, she would support it. The maker of the motion, Councilman Lemons, and the second, Mayor Dorn, indicated that they would amend their motion as follows: MOTION: That the City of Morro Bay would not oppose the general concept of the State to secure the campground facilities as well'as improve the roads, provide their own security, and help the City in their effort to obtain control of the golf course. Also that the State plan of closure would be subject to City review. The amended vote would read as follows: AYES: Lemons, Dorn, Deutsch, Ward NOES: None ABSENT: Anderson • 9 MORRO BAY CITY COUNCIL Special Council meeting - May 18, 1982 Page Three 2. DEDICATION OF THE REBUILT T-P Councilman Lemons felt that the progress in constructing the T-Pier would be concluded on or before the Memorial Day Weekend and felt that the weekend would be an appropriate time to open the pier for public access. Formal dedication of the facility will take place when the fishing fleet returns. He has discussed the opening with Ed Smith and Mr. Smith has indicated the White Caps will be available for Saturday, May 29th, if the Council desires. Mayor Dorn indicated that the day would be appropriate, and had contacted Mr. Petrillo's office of the Conservancy to see whether he would be available to sneak as well as other State and Federal officials who actively supported this project. MOTION: It was moved by Mayor Dorn and seconded by Councilwoman Ward that the T-Pier be opened for public use on Saturday, May 29th 1982, at 10:00 a.m. with ceremonies to follow thereafter, and that staff prepare the facilities for the opening. .The motion was carried by the following roll call vote: AYES: Dorn, Deutsch, Ward, Lemons NOES: None ABSENT: Anderson 3. DISCUSSION OF PUTTING NOTICES IN OFFICE OR ON BILLS REGARDING THE REASONS FOR CITY COLLECTION AND THAT CITY COLLECTIONS ARE AT NO COST TO THE TAXPAYER Mayor Dorn indicated that he had manv conversations with people out on the street that indicated the local citizens believe that taxoavers are subsidizing the garbage collection cost effort (City is paying for the billing). He also indicated that this allegation has appeared in the CAL Newsletter and that despite the fact the Mayor has requested a retraction, no retraction has been forthcoming by CAL. In discussions with the City Attorney, he has indicated that the City should put a notice in the bill to explain and clarify the matter. MOTION: It was moved by Mayor Dorn and seconded by Councilwoman Deutsch to request the City Attorney to prepare language which can explain the billing procedures and charges so as to inform the public of the City's procedures on this matter. The motion was carried by the following roll call vote: AYES: Dorn, Deutsch, Lemons, Ward NOES: None - ABSENT: Anderson Mayor Dorn indicated that he hoped the clarification ;could end the misinformation and reduce the number of complaints that are being handled by staff. 4. POSSIBLE EXEIAPTION FROM MANDATORY COLLECTION AT 420 LAJOLLA. Mayor Dorn indicated that he had requested the City Attorney to prepare a resolution i • MORRO BAY CITY COUNCIL Special Meeting - May 18, 1982 Page Four which would address the hospitalization faced by Mary Denerode and her requirement to pay a monthly garbage bill. Councilwoman Deutsch indicated she did not feel any action taken by Council on this matter should be construed as being a blanket approval and that the City should still maintain a mandatory garbage ordinance. She felt that the circumstances surrounding this particular case demanded action by Council and felt it was an exceptional situation. Councilman Lemons indicated that any application would need to have a findino of fact to substantiate reasons for exemption and felt that in this particular case it was an exceptional situation in that the house is not even occupied during Mrs. Demerode's hospitalization. MOTION: It was moved by Mayor Dorn and seconded by Councilwoman Detusch that Council adopt the attached Resolution which states certain findings of facts renarding hardship case of Mary Demerode and that her garbage rates be waived for the period of time she is hospitalized. Council also requested at this time that certain language at the end of the fourth paragraph (and in order to conforn to certain fire insurance requirements) be struck. As amended, the motion was passed by the following roll call vote: AYES: Dorn, Deutsch, Ward, Lemons NOES: None ABSENT: Anderson Mayor Dorn indicated that the agenda item number 5, State Contract with the Golf Course, had been discussed under item 1 and therefore did not need any further comment. He also asked Council .is they would consider adjourning to noon on Monday, May 24th, to receive two new Dial -A, -Ride buses. Council concurred. MOTION: It was moved by Mayor Dorn, and seconded by Councilwoman Deutsch and carried unanimously to adjourn to the City Hall Conference Room on Monday, May 24th, 1982, at noon, for the purpose of receiving Dial -A -Ride buses. The meeting was adjourned at 5:52 o.m. RESPECTFULLY SUBMITTED, PAUL BAXTER CITY CLERK rah._ 595 Harbor St. Morro Bay, CA 93442 805-772-1214 May 17, 1982 NOTICE OF SPECIAL MEETING MORRO BAY CITY COUNCIL NOTICE IS HEREBY GIVEN that Mayor Warren Dorn has called a special meeting. of the City Council of the City of Morro Bay, to be held on Tuesday, May 18, 1982, at 5:00 PM in the Conference Room at City Hall. Said meeting will be to discuss the following items: Expression of Council support on the State's desire to have better control of their campground facilities. fx Dedication of the rebuilt T-pier. 1,2� Discussion of putting notices in office or on bills re- garding the reason for city collections and that city collections are at no cost to the taxpayer. 4. Possible exemption from mandatory collection at 420 LaJolla. 5. State contract - golf course. -% 1Y1Q1�.1 srz� PAUL BAXTER City Administrator City of Morro Bay COMMUNITY DEVELOPMENT FIRE DEPARTMENT PUBLIC WORKS 59.5 Harbor Street 715 Harbor Street 695 Harbor Street FINANCE DEPARTMENT POLICE DEPARTMENT RECREATION DEPARTMENT 595 Flarbor Street 850 Morro Bey Blvd. 535 Harbor Street mnppn RAY CTTY rniI V.T1 • 0 REGULAR MEETING - MAY 10, 1982 RECREATION HALL, 7:30 P.M. Call to Order Pledge of Allegiance - Horce Strong, representing all veterans Invocation - Rev. Charles Erickson, St. Peter's Episcopal Church A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 AN ORDINANCE ADOPTING AND APPROVING REVISIONS TO THE LOCAL COASTAL PROGRAM PROPOSED LAND USE PLAN CONCERNING ALLOCATION OF I'!ATER GAINED THROUGH LOSS RECOVERY. A-2 AMENDMENT TO MUNICIPAL CODE SECTION 15.48.030 REGARDING TERMS OF OFFICE FOR HARBOR ADVISORY BOARD. A-3 AN ORDINANCE AMENDING MUNICIPAL CODE ESTABLISHING MASTER FEE SCHEDULE. A-4 CONSIDERATION OF A PLANNING COMMISSION RECOMMENDATION FOR A CHANGE OF ZONE FROM R-1,S-2, M, to R-4 FOR PROPERTIES LOCATED IN BLOCK 15, OCEAN HEIGHTS TRACT NO.1. B. UNFINISHED BUSINESS B-1 RESOLUTION ASKING THE STATE TO AMEND PUBLIC RESOURCES CODE 30519 AND 30700 TO ALLOW CITY TO ASSUME PERMIT AUTHORITY FOR THE HARBOR AND TIDELANDS. B-2 APPROVAL OF LEASE AGREEMENT WITH ORVAL LEAGE FOR LEASE SITES 35W and 36W (CONTINUED FROM 4-26-82) B-3 STIPULATION OF JUDGMENT AND AGREEMENT REGARDING ROSS VS CITY OF MORRO BAY., B-4 CONSIDERATION OF EXPANSION OF NORTH COASTAL TRANSIT SYSTEM. (CONTINUED FROM 4-26-82) B-5 INTERIM SEPTIC TANK PROGRAM FOR COUNCIL IMPLEMENTATION. (CONTINUED from 4-26-82) B-6 REQUEST BY CLINT GARVIN TO CONDUCT STREET BAND CONCERTS ON THE EMBARCADERO. (CONTINUED FROM 4-26-32) C. NEW BUSINESS C-1 SUBMITTAL OF PROPOSED 1982-83 BUDGET. C-2 RESOLUTION ADOPTING MASTER FEE SCHEDULE; AND REVISING SAME. C-3 AUTHORIZE MAYOR TO SIGN AN AGREEMENT WITH XEROX CORPORATION, ON BEHALF OF THE CITY, FOR THE PURCHASE OF COMPUTER EQUIPMENT AND CONTRACT SERVICES. D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF APRIL 12TH MEETING (REGULAR) AND APRIL 19TH (SPECIAL) CITY COUNCIL MEETINGS. 0 MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1982 PAGE 2 D. CONSENT CALENDAR (CONTINUED) D-2 RESOLUTION APPROVING ARTS PLAN PHASE ONE OF THE SAN LUIS OBISPO COUNTY ARTS COUNCIL. D-3 RATIFY HARDSHIP VARIANCES AND REVIEW AND APPROVE REFUSE COLLECTION BOARD MINUTES. D-4 CHAMBER OF COMMERCE EXPENDITURES REPORT (APRIL). D-5 PROCLAMATION DECLARING "OLDER AMERICANS MONTH' 1982. D-6 FOLLOW-UP REPORT ON GREAT CALIFORNIA RESOURCES RALLY WEEK. D-7 NATIONAL POLICE WEEK - OPEN HOUSE SATURDAY MAY 15, 1982. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ATTORNEY E-3 CITY ADMINISTRATOR PB/moc ,44 The Honorable Page Two April 28, 1982 Warren M. Dorn As we discussed, the Catch-22 that would result is one wherein the City would be precluded from issuing a local permit for a particular project (e.g., visitor -serving, commercial) by virtue of Measure E, while at the same time that project could qualify for a coastal permit under the Coastal Act. The opposite result is also possible wherein a residential project could qualify for a local permit but not for a coastal permit. In either case, the project would not be able to -proceed, because it would lack all necessary governmental approvals. obviously, this scenario creates an impasse we all want to avoid. The Commission has consistently maintained that the most appropriate vehicle for the resolution of the water allocation issue is the local coastal program for the City of Morro Bay. And, as you know, considerable progress has already been made. In any event, Measure E, were it to pass, could, if submitted to the Commission for review by a city resolution, be viewed as part of the Public Works component of the proposed LUP. Whether it would be approved as being consistent with the Coastal Act is for the Commission to determine. It would not serve any useful purpose were I to speculate at this time as to what the ultimate action by the Commission might be. However, because of the many questions raised by the initiative, and if you think it would be beneficial, I would ba happy to have appropriate members of my staff sit down with interested parties from the City to discuss the issues. I hope this letter is responsive MLF:nc of the questions you had. rely, MICH7=/L. FISCHER ExecuVive Director MORRO BAY CITY COUNCIL • • REGULAR MEETING - MAY 10, 1982 RECREATION HALL - 7:30 P.M. Mayor Warren M. Dorn called the meeting to order at 7:35 o.m. The Pledge of Allegiance was led by Horace Strong, representing Morro Bay Veterans. Reverand Charles Erickson gave the innvocation. ROLL CALL PRESENT: Warren M. Dorn Rodger J. Anderson Dorotha Deutsch John Lemons Herminia Ward STAFF: Paul Baxter Michael T. LeSage John Bressan Murrel Crump Al Olson Mary Sanders Gere Sibbach Bernie Zerr Mary O'Connor Mayor Councilman Councilwoman Councilman Councilwoman City Administrator City Attorney Director Public Works Director Community Development Police Chief Recreation Director Finance Director Fire Chief Administrative Secretary PRESENTATION BY MORRO BAY BEAUTIFUL TO CITY OF MORRO BAY A check for $2,989.20 was presented to the City of Morro Bay by Mrs. June Cunningham, a member of Morro Bay Beautiful. This money is to purchase trash receptacles, which will be placed throughout the City by the Public Works Department, who will also maintain them for the City. Mayor Dorn asked that all members of Morro Bay Beautiful present at the meeting come up to meet the members of the City Council and City Staff and receive appreciation for their endeavors. Mayor Dorn told of receiving 1,000 pine trees from the Los Angeles Garden Club to help with the beautification of Morro Bay. The Mayor would like a program such as "Adopt a Tree", put into effect in this city. He felt that the trees should be turned over to the Recreation Department and that any citizen pick one up to plant on their property providing they follow the explicit instructions accompanying the tree. The trees cannot be planted on public property. MOTION: Mayor Dorn moved that thanks go to the Morro Bay Beautiful for their contribution for the trash receptacles which will be distributed and maintained by the Public Works Department; and to turn the pine trees over to Mary Sanders, Recreation Director, for distribution. The motion was seconded by Councilwoman Deutsch and carried by the following roll call vote: AYES: Ward, Anderson, Deutsch, Lemons, Dorn NOES: None ABSENT: None PUBLLC HEARINGS, APPEARANCES, AND REPORTS A-1 AN ORDINANCE ADOPTING AND APPROVING REVISIONS TO THE LOCAL COASTAL PROGRAM PROPOSED MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1982 PAGE TWO Mayor Dorn opened the Public Hearing on this matter, stating all should support this Ordinance because if Measure E passes no further development would occur in the City until the conflict it would create could be resolved. Margarite McAuliff requested permission to read a copy of a letter received by the City from Michael Fisher of the Coastal Commission, who stated their opinion on the water allocation plan in Morro Bay. Ms. Mc.Auliff stated she was present at this meeting only because of her concern for the seniors and their need for a new building. Referring to the petition for Measure E, the City Attorney stated that the proposed Measure E was illegal and should not be on the ballot. He has reviewed the Ordiance presently before the City Council this evening and recommends approval. Mr. Ray Kalmbach spoke to Council and stated that he felt that the 200 acre feet of water loss was an erroneous statement and wondered how the information was secured. John Bressan, Public Works Director, answered that all systems do have leakage; some corrected and some not. It is a fact however, that water is being recovered from the leakage repairs. Bressan said further that during the preliminary water planned study conducted by Brown & Caldwell and the Department of Water Resources study, both agendts found that the City is experiencing approximately 20 to 22% loss of water production vs. sales. It was estimated that approximately 17% of our produced water was being lost through high pressured leaks in our old and undersized systems. We have undertaken a replacement program based on that data and almost percent for percent we can show that the replacement of lines is saving the water. Dick Farris of 446 Shasta, representing Morro Bay Convalescent Hospital, stated they have been trying to expand their facility for the oast six ,years but have been unable to do so because of the water problem. They have the chance to acquire available beds and have a limited time to do so. They, too, are concerned about Measure E. He stated they could install water saving devices for conserving water and acquire their bed expansion if they could have the water saved. Kay Risley, 540 Piney Way, member of the Executive Board of the Seniors, asked why the water equivalencies of the three houses the Fire Department is burning down could not be transferred to the Seniors new building. A person in the audience stated that it was their understanding that equivalencies defintely could not be transferred. Mayor Dorn questioned the City Attorney as to whether this was so and the City Attorney answered that equivalencies could not be transferred. Lanny McKay informed Council that he had asked the Coastal Commission if he could move the water equivalencies from one of his lots to another and was told that water remained with the property regardless of ownership or sale of property. MOTION: Councilman Lemons moved that the Public Hearing be closed. The motion was seconded by Councilwoman Ward and carried unanimously. MOTION: Mayor Dorn moved that the City Administrator read the Ordinance by title and number only. This was seconded by Councilwoman Ward and carried unanimously after points of clarification were made to Councilwoman Ward . MORRO BAY CITY COUNCIL • • REGULAR MEETING - MAY 10, 1982 PAGE THREE MOTION: Mayor Dorn moved to adopt the Ordinance for its first reading. The motion was seconded by Councilman Anderson and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Dorn NOES: None ABSENT: None At this point in the Council meeting, Paul Baxter, City Administrator, told the audience and City Council that contrary to a question asked before the meeting started, there would be no hearing on the subject of the Dial -A -Ride, and expressed his regrets to the people who came to the meeting hoping to be heard on the subject. That topic, along with the septic tank issue will be heard at a future Citv Council meeting. A-2 AMENDMENT TO MUNICIPAL CODE SECTION 15.48.039 REGARDING TERMS OF OFFICE FOR HARBOR ADVISORY BOARD Mayor Dorn opened the Public Hearing and asked if any member of the audience wished to be heard regarding this item. There were no comments from the audience. MOTION: Councilman Lemons moved that the Public Clearing be closed. The motion was seconded by Councilman Anderson and carried unanimously. MOTION: Councilman Anderson moved that the Ordinance be read by Title and number only. The motion was seconded by Councilman Lemons and carried unanimously. Paul Baxter read the Ordinance by title and number only. MOTION: Councilwoman Ward moved to adopt the Ordinance for its first reading.. The motion was seconded by Councilwoman Deutsch and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Dorn NOES: None ABSENT: None A-3 AN ORDINANCE AMENDING MUNICIPAL CODE ESTABLISHING MASTER FEE SCHEDULE Paul Baxter asked the Finance Director to make the staff report to Council regarding this item. Mr. Sibbach explained how this ordinance would delete from the Municipal Code references to fees and would establish a master fee schedule that would be revised annually. The Ordinance amendment would strip all fee reference from the Municipal Code and place them in one master resolution so that a reveiw and monitoring program could more easily be administered from Cal Poly consultants Council hired to assist with the project. Mr. Sibbach introduced Professors Schmidt and Burke. He then went on to state that labor, materials and overhead are included in the Proposed fees, and he feels it comes closer to the user paving for these services. MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1982 PAGE FOUR MOTION: Councilman Lemons moved that the Public Hearing be closed. The motion was seconded by Councilman Anderson and carried unanimously. (5-0) MOTION: Councilman Lemons moved to introduce this Oridnance by title and number only. Mayor Dorn seconded the motion and it was carried unanimously. (5-0) Paul Baxter read, "An Ordinance Amending Municipal Code Establishing Master Fee Schedule." MOTION: Councilwoman Ward moved that Council adopt this Ordiance as read by title and number only as its first reading. The motion was seconded by Councilman Lemons and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, horn NOES: None ABSENT: None Paul Baxter reported that Item C-2, later in the agenda, was a part of this item A-3, and was a proposed "Resolution Adopting the Master Fee Schedule and Revising Same", and could be dealt with durino this period of the meeting. A Resolution revising the Master Fee Schedule will be brought before the Council at a later date. MOTION: Councilman Lemons moved to adopt the Resolution calling for the establish- ment of fees. The motion was seconded by Mayor Dorn and carried by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None MOTION: Councilman Lemons moved to set May 24, 1982, as the hearing date for the Resolution to revise the Master Fee Schedule. Mayor Dorn seconded the motion. It was carried by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None A-4 CONSIDERATION OF A PLANNING COMMISSION RECOMMENDATION FOR A CHANGE IN ZONE FROM R-1, S-2, M, TO R-4 FOR PROPERTIES LOCATED IN BLOCK 15 OCEAN HEIGHTS TRACT NO. Paul Baxter reported this matter had been initiated by the Planning Commission as a result of a request for a sign variance that had come before them from a motel in this area. Murrel Crump briefly explained the facts in his report, stating, also that the General Plan adopted in 1977 has depicted this area for mixed uses (neighborhood, commercial and high density residential), although the existing zoning for the block is single family residential. The request of the Planning Commission was for the introduction of the Ordinance to change the zone from R-1, S-2, M, to R-4 and adopt it as its first readino. Lannie McKay, a motel owner, objected to the change and cited his understanding of the Owen Menard blaster Plan which depicts the strip of land involved in this change as a buffer zone and he did not feel the change to R-4 will adequately do this. He stated it should be brought in conformance with the Master Plan. MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1021 PAGE FIVE Gary Gormley objected to the change to R-4, stating all he wanted was to get a variance for his motel sign. Councilman Anderson asked Mr. Gormley if he would like Council to defer his request and take it back to the Planning Commission. He was in agreement to this. MOTION: Mayor Dorn moved to continue this Hearing until the May 24th Council meeting and in the interim to refer the matter back to Planning Commission for their Hearing on May 17th. The motion was seconded by Councilman Anderson and carried by the follo�,inq roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, bard NOES: None ABSENT: None Mayor Dorn then declared Council in recess at 9:20 p.m. Council reconvened at 9:30 p.m. B. UNFINISHED BUSINESS B-1 RESOLUTION ASKING THE STATE TO AMEND PUBLIC RESOURCES CODE 30519 AND 30700 TO Paul Baxter read the Resolution in its entirety. Mayor Dorn discussed with Michael LeSage, City Attorney, and Murrel Crump the need to adopt an ordinance in addition to the resolution previously adopted, citing the need to amend the Public Resources Code 30519 in order to allow the City to assume permit authority for the harbor and the tidelands and to ban oil facilties from the Morro Bay harbor. Mayor -Dorn -asks that the City staff continue this further by taking it back to the Planning Commission, then hold a public hearing on an amendment to the ordinance. It is requested that this resolution be approved and sent to the State Legislators (Mello and Maddy and Hallett), asking that the state amend the Public Resources Code. MOTION: Councilman Lemons moved that Council adopt the Resolution to amend the Public Resources Code. The motion was seconded by Councilwoman Ward and carried by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None MOTION: Mayor Dorn moved to request the Planning Commission, with the help of the City Attorney, to draft an ordinance in connection with this resolution for the May 20 Coastal Commission meeting in Santa Barbara. The -motion - was seconded by Councilwoman Deutsch and carried unanimously. Also, it would be timely to bring up the subject of getting the freeway property planted and beautified, according to Mayor Dorn. If the Department heads work with Paul Baxter on this, getting a letter to the Commission as soon as possible, the Rotary and other organizations are ready and willing to assist in this important project. MOTION: Mayor Dorn moved that Departments prepare a letter to Cal Trans regarding beautification of the freeways. The motion was seconded by Councilwoman Deutsch and unanimously carried. (5-0) MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1982 PAGE SIX B-2 APPROVAL OF LEASE AGREEMENT WITH ORVAL LEASE FOR LEASE SITES 35W AND 36W Paul Baxter reported that this is the final draft of the lease agreement prepared by the City Attorney, which included the changes discussed at the April 26th meeting_. A copy of the lease had been submitted to fir. Leage on Friday. At this point, Councilman Anderson stated he would abstain from discussion and voting on this matter. MOTION: Councilman Lemons moved that the Council approve the lease agreement with Orval Leage for Lease Sites 35W and 35W by adopting the attached Resolution. Mayor Dorn seconded the inotion, and it was carried by the following roll call vote: AYES: Ward, Lemons, Deutsch, Dorn NOES: None ABSTAIN: Anderson ABSENT: None B-3 STIPULATION OF JUDGEMENT AND AGREEMENT REGARDING ROSS VS. CITY OF MORRO BAY Councilman Anderson abstained from participating in this discussion. Paul Baxter reported on some of the background of the Stipulation of Judgement. The City Attorney then explained that the sub -lessees applied for a use permit to sell beer and wine. The Use Permit was approved by the Planning Commission and Council allowing for beer and wine to be sold. If approved, the agreement provides that each side will pay their own attorney fees and the cost of the suit and no damaoes will be recovered. Councilwoman Deutsch said that the settlement should be put aside and that the City should go ahead with the litigation. MOTION: Mayor Dorn moved to approve the Judgement upon stipulation of the parties. The motion was seconded by Councilwoman Ward and carried by the following roll call vote: AYES: Dorn, Lemons, Ward NOES: Deutsch ABSTAIN: Anderson ABSENT: None Mayor Dorn asked Murrel Crump if the people were advised of the necessary permits needed, and his answer was in the affirmative. The people did follow instructions and applied for the Use Permit. B-4 CONSIDERATION OF EXPANSION OF NORTH COASTAL TRANSIT SYSTEM Paul Baxter explained this item was continued from the Council meeting of April 26th to determine whether there was sufficient interest from the community for expansion MORRO BAY CITY COUNCIL • . REGULAR MEETING PAGE SEVEN of the bus service. Mr. Belaire addressed Council and said there was an absence of people at the April 26th meeting, but he knows quite a number of Deople support it and it is an un-met need. He felt the coastal transit system in cooperation with Dial -A -Ride could cover the hourly needs and also cited safety problems for bicycle use on South Bay Blvd. Councilman Anderson said it would be worth a 6-month pilot program. MOTION: Mayor Dorn moved to approve a 6-month pilot program as proposed by the Council of Governments. The motion was seconded by Councilwoman Ward and carried unanimously. (5-0) Mayor Dorn said that sometime ago Mr. Lemons and he met with the Chairman of the Board of PG&E and is happy to report that PG&E t�d ll furnish salt water discharge out of their plant for the City to use in projects around the Rock. MOTION: Mayor Dorn moved that Councilwoman Ward be appointed to work with the City staff and report on progress made in beautifying the area around the Rock. Councilman Anderson seconded the motion and it passed unanimously. Mayor Dorn reported that the City has applied for a Coastal Conservancy grant which would permit parking along the entire Fmbarcadero. Studies have been made to direct traffic through town and into the Embarcadero area. Some advocated one-t.ay streets in the main commercial area in order to accomplish this, but Mayor Dorn feels that this would disrupt business in the downtown area, especially on the busy weekends. MOTION: Mayor Dorn directed that Councilman Lemons coordinate this study for the Council, that he meet with groups of the community and develop within the next few weeks, a traffic -moving system study for better parking and ways to get to the Embarcadero. Councilwoman '!ard seconded the motion, and it passed unanimously. B-5 INTERIIM SEPTIC TANK PROGRAM FOR COUNCIL IMPLEMENTATION Paul Baxter read this item and recommended it be continued until additional staff work can be returned to Council. The Council directed staff to continue work on this project. B-6 REQUEST BY CLINT GARVIN TO CONDUCT STREET BAND CONCERTS ON THE EMBARCADERO Paul Baxter reported that this matter was continued from the last meeting at Mr. Garvin's request to allow the Recreation Director to determine this plan could be coordinated with merchants in the area. Mr. Garvin addressed the Council stating that he has been a Professional musician for 40 years and that his desire is to nut a band on the Embarcadero from 2:00 p.m. to 6:00 p.m. on Saturday afternoons, starting with a June 12th concert. Nary Sanders stated that the band is made up of professional musicians and so would like to solicit donations to cover expenses. Mary indicated the Piunicipal Code would require business licenses to be purchased each time for the proposed activity. MORRO BAY CITY COUNCIL • • REGULAR MEETING - MAY 10, 1982 PAGE EIGHT Paul Baxter said if this group were allowed to solicit the public for funds, this would set prededence for others to solicit. In addition, the matter of insurance is very important and would have to be covered. Mr. Garvin told Mr. Baxter that the musicians planned to play 45 minutes at Zekes Wharf then down to the Whales Tail for 45 minutes. Mary Sanders pointed out that the merchants who hired them could reimburse them financially. Councilman Lemons stated that if Garvin's band is approved, the Council would be hard -put to turn down others who may want to do the same thing. Mayor Dorn asked if a sign announcing "donations accepted" would solve collecting finances. Councilman Anderson wondered if having the band could not be done on a 6-month trial basis. Councilwoman Deutsch agreed but wanted to add the stipulation that it could be stopped if it wasn't working out. MOTION: Mayor Dorn moved to have the music on a trial basis and for staff to work out details, and for the band to give any solicitations received to the charity of their choice. The motion died for lack of a second. Councilman Lemons stated he opposed the elimination of the business license until a staff report can be completed on the whole matter. Mr. Garvin said the musicians had to be paid, but the merchants can be the source of these funds. To be able to announce that any other funds received would be going to a favority charity, i.e. Morro Bay Beautiful, would probably help their cause in the long run. Michael LeSage, City Attorney, stated the simplest thing is for the City to donate the amount of tax back to the band. Councilman Lemons opposed this. Mr. Garvin said their is a vast difference between private solicitation and a charitable solicitation. At this point, the Mayor said he wanted to give a vote of thanks to Ed Smith of the White Chaps for the work he has done with his band. MOTION: Mayor Dorn stated the Council favors the opportunity for Mr. Garvin to enhance this community with their wonderful music, that the merchants pay for the musicians, and any money solicited would go to the band's choice of charity. Councilwoman Ward seconded the motion which was carried by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None Council directed that staff will detail what the necessary insurance and license requirements will be and prepare their findings. MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1982 PAGE NINE C. NEW BUSINESS C-1 SUBMITTAL OF PROPOSED 1982-83 BUDGET Paul Baxter stated he had submitted to Council a copy of the Proposed 1982-83 Budget, along with the Budget Message. Since Council has not had the opportunity to review it, he asked that they receive and adopt it as a proposed budget document. MOTION: Mayor Dorn moved that the document submitted be adopted as the City Administrator's 1982-83 Proposed Budget and that a hearing date for May 24th, 1982, at 4:00 p.m. be set to hear this matter. The motion Was seconded by Councilwoman Deutsch and carried by the following roll call vote: AYES: Anderson, Lemons, Deutsch, Dorn, Ward NOES: None ABSENT: None C-2 RESOLUTION ADOPTING MASTER FEE SCHEDULE AND REVISING SAME This item is part of Item A-3 earlier on the agenda. MOTION: Councilman Lemons moved to set May 24, 1982, as the Public Hearing date for this Resolution to revise the Master Fee Schedule. Mayor Dorn seconded the motion and it was carried by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None C-3 AUTHORIZATION FOR THE MAYOR. TO SIGN AN AGREEMENT WITH XEROX CORPORATION, ON BEHALF OF THE CITY, FOR THE PURCHASE OF COMPUTER EQUIPMENT AND CONTRACT SERVICES Paul Baxter asked the Finance Director to report on this matter. Gere Sibbach reported that acquisition of an in-house computer would be very cost-effective over the long -run, however, there is no room at City Hall for this equipment. He proposes that the City change service bureaus and acquire additional equipment. Paul Baxter explained that this matter was being brought up ahead of Budget time because if approved, it would take 2-3 months to order and set up. Councilman Lemons asked how long it takes to get the quarterly reports. Gere Sibbach answered it now takes approx- imately 3 months. Under the new system, the limit would be about one week. MOTION: Councilwoman Deutsch moved to approve the order for the acquisition of hardward and the contract for services from the Xerox Corporation beginning July 1, 1982 and to authorize the Mayor to sign on behalf of the City. The motion was seconded by Mayor Dorn and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Dorn NOES: None ABSENT: None MORRO BAY CITY COUNCIL • 0 REGULAR MEETING - MAY 10, 1982 PAGE TEN D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF APRIL I2th MEETING (REGULAR) AND APRIL 19th (SPECIAL) Paul Baxter stated that any corrections, additions or deletions of the above sets of minutes should be nade at this tine. If there are no chances, he recommended Council approve them as submitted. D-2 RESOLUTION APPROVING ARTS PLAN PHASE ONE OF THE SAN LUIS OBISPO COUNTY ARTS COUNCIL Paul Baxter recommended that Council aonrove the attached resolution which would endorse Phase One of the Arts Plan for San Luis Obispo County Arts Council. D-3 RATIFY HARDSHIP VARIANCES AND REVIEW AND APPROVE REFUSE COLLECTION BOARD MINUTES Paul Baxter recommended that Council approve the Refuse Board actions as submitted. It was suggested by Councilwoman Deutsch that a hearing date be set for disciplinary action against Morro Bay Garbage Conpan_v for an incident occuring April 24th, 1982 includedinthe Police Incident Report No. 820817. MOTION: It was moved by Councilman Lemons and seconded by Councilman Anderson to set a hearing date for June 14, 1982, to hear the matter of the disciplinary action against Morro Bay Garbage. The motion was carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Dorn NOES: None ABSENT: None There was a short discussion about whether a _person should have to pay for garbage service they cannot use, citing an example of the woman in the hospital and if one should have to pay a minimum charge whether they can use the service or not. MOTION: It was moved by Councilman Lemons to have the Garbage Franchise Board consider -wording for exemptions. This was seconded by Mayor Dorn and carried unanimously. Lannie McKay mentioned his problems with handbills left on his doorstep, when he was out of town, advertising, he feels, to would -be -burglars, that there was no one at home. He asked Council to prohibit, in some way, unsolicited handouts. Mayor Dorn requested that Murrel Crump check on any model ordinance in other cities and bring information back to Council. Lannie McKay also brought up the subject of neonle ali,!ays ready to criticize City services, but when compliments are in order, no one thinks to convey thanks for a job well done. And he pointed out an incident where a City ennlovee was seen going beyond his "call of duty" by nicking up trash along the highway. John Bressan, Public Works Cirector, was to find out which employee in his departrent was the one involved and convey the thanks of the Council and the public. D-4 CHAMBER OF COMMERCE EXPENDITURE REPORT FOR APRIL 0 0 MORRO BAY CITY COUNCIL REGULAR MEETING - 1-'-AY 10, 1982 PACE ELEVEN Paul Baxter stated that the Chamber of Commerce Expenditure Report for April 1982 has been reviewed by the Director of Finance for accuracy and compliance with the contract and recommends that Council approve the Chamber of Commerce Expenditure Report for April 1982 in the amount of 11,172.00. D-5 PROCLAMATION DECLARING "OLDER AMERICANS MONTH" 1982 Paul Baxter recommended to the City Council that the Proclamation be approved and they authorize the Mayor to sign on behalf of the City. D-6 FOLLOW UP REPORT ON GREAT CALIFORIA RESOURCES RALLY WEEK Paul Baxter reported that the City recently participated in a Resource Pally 4feek Program and cleaup with the Division of Highways, Morro Bay Beautiful, CCC and the Public Works Department and Mary Sanders has an itemized report on the activities, events and accomplishments. D-7 NATIONAL POLICE WEEK - OPEN HOUSE SATURDAY MAY 15, 1982 Paul Baxter explained this is a follow-up to their previous declaration of "National Police Week" of May 9th, in that Chief Olson is holding an Open House on Saturday, May 15th from 9am to 4pm. Displays will be available for public view and guided tours of the police facility will be available every half hour. This item is for informational purposes only. MOTION: Mayor Dorn moved that the Council approve the Consent Calendar as submitted. The motion was seconded by Councilman Lemons and carried by the following roll call vote: AYES: Ward, Anderson, Deutsch, Lemons, Dorn NOES: None ABSENT: None Paul Baxter requested that Council hold a brief Closed Session at 11:0-0 p.m. MOTION: Councilman Lemons moved to retain Mr. Gerald Mason to defend the City regarding the Moltzer litigation. This was seconded by Councilwoman Ward and carried unanimously. MOTION: Councilwoman Ward moved that the meeting be adjourned to the next regular meeting of May 24, 1982. The motion was seconded by Mayor Dorn, and carried unanimously. The meeting was adjourned at 11:07 p.m. RESPECTFULLY SUBMITTED, �7 Mary O' onnor Administrative Secretary State of California, Edmund G. Bro ., Gouernor • California Coastal Commission '' t 631 Howard Street, 4th floor San Francisco, California94105 (415) 543-8555 April 28, 1982 The Honorable Warren M. Dorn Mayor of Morro Bay City Hall - Morro Bay, A 93442 Dear Mayor o You have asked whatthe effect of a local initiative (Measure E) dealing with water allocation in Morro Bay will be relative to the water allocation plan previously submitted to the Coastal Commission by the City Council and which the Commission subsequently approved. Initially, let me make it clear that staff for the Commission cannot take sides on whether Measure E should or should not be enacted by the City's voters. At the same time, it is important that all parties be aware of some of the effects of the initiative should it pass. I have discussed this matter with my legal staff and the following comments reflect our opinions on the matter, The City's current water allocation plan deals with an issue of vital concern to us in terms of Coastal Act requirements. In approving the existing water allocation plan for Morro Bay, the Coastal Commission did not say this was the only way to address the question of water uses consistent with Coastal Act policies. Accordingly, the City has the authority to develop modifications to its water allocation program in the context of a permit amendment request or amendment to the submitted LCP, which then would have to be reviewed by the Commission for conformance with Coastal Act policies. Similarly, the City's voters can enact a water allocation plan different than that previously approved by the City Council and the Commission. However, such a voter approved plan, like a city council proposed modification, would still be subject to Coastal Commission review and approval under the Coastal Act prior to implementation. This means that if Measure E passes, it cannot automatically go into effect as the water allocation plan for the City because it would still be subject to review by the Commission for consistency with the Coastal Act. Measure E cannot supersede Coastal Act requirements. MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 1982 RECREATION HALL - 7:30 P.M. Call to Order Pledge of Allegiance - Horace Strong, Representing Morro Bay Veterans Invocation - Chuck Hobson, Los Osos Valley Assembly of God A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 Revenue Sharing Proposed Use Hearing A-2 Appeal by Mr. and Mrs. Albert C. Moltzer to the Administrative Hearing Decision of the Public Works Director (Continued from 4-12-82) A-3 Appeal by Mr. Chuck Goodale to the Administrative Hearing Decision of the Public Works Director (Continued from 4-12-82) A-4 Consideration of Expansion of North Coastal Transit System A-5 Request by Gary Gormley Regarding Street Signing (Pacific Cottage Motel) B. UNFINISHED BUSINESS B-1 Wording Changes to Proposed Land Use Plan Policies 7.02 and 7.03 (Continued from 4-12-82) B-2 Zoning Ordinance Text Amendment to Provide for Farmer's Market in C-1-N Zone (Second Reading) B-3 Interim Septic Tank Program for Council Implementation B-4 Approval of Lease Agreement for Assumption of Lease Sites 35W and 36W by Orval Leage (Continued from 4-12-82) B-5 Approval of Bicycle Moto -Cross Track (BMX) for Del Mark Park C. NEW BUSINESS C-1 Request by Associated Divers for Barge Mooring Location C-2 Appointment of Harbor Advisory Board Members D. CONSENT CALENDAR D-1 Resolution Requesting a Nuclear Weapons Ban for the United States and the Soviet Union D-2 Resolution Expressing Concern Over Frequency of Major Traffic Accidents Involving Commercial Trucks, etc. D-3 City Council Minutes of April 12th Meeting (Regular) and April 5th Special City Council Meeting D-4 Expenditure Report for the City of Morro Bay (March) MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 1982 PAGE TWO D. CONSENT CALENDAR (CONT.) D-5 Resolution Adopting City Pre -Employment and Employment Standards D-6 Fire Engine Free -Ride Use Request by Senior Citizens D-7 Resolution Authorizing Public Works to Proceed with Weed Abatement and to Set Public Hearing for May 24, 1982 D-8 Authorization to Fill Water Advisory Committee Vacancy D-9 Approve Certification and Adopt Resolution Regarding Right-Df-Way for FAU Projects D-10 Resolution Authorizing the Mayor to Sign Amendment No. 2 to North Coastal JPA D-11 Request for Authorization to Seek Bids for City Building Custodial Services D-12 Request by C1int.,Garvin to Conduct Street Band Concerts on the Embarcadero D-13 Workers' Compensation Compromise and Release Settlement Authorization for Christopher Hairgrove D-14 Proclamation Designating the Week of May 9th as "National Police Week" and May 15th of Each Year to be "Police Memorial Day" E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ATTORNEY E-3 CITY ADMINISTRATOR MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 19E2 RECREATION HALL- 7:30 P.M. Miavor Warren M. Dorn called the meeting to order at 7:32 p.m. The Pledge of Allegiance was led by Horace Strong, representing Morro Bay Veterans. Reverend Lance Poldbera led the invocation. ROLL CALL PRESENT: Rodger Anderson Dorotha Deutsch John Lemons Herminia bard Warren 11. Dorn STAFF: Paul Baxter Michael T. LeSage John Bressan Murrel Crump Gary Napper Al Olson Mary Sanders Cere Sibbach Sharon Lilley Councilman Councilwoman Councilman Council1aoman Mayor City Administratcr City Attorney Director of Public l^orks Director of Community Development Administrative Assistant Police Chief Recreation Director Finance Director Acting Deputy City Clerk ABSENT: Bernie Zerr Fire Chief Peggy Buchanan Deputy City Clerk A. PUBLIC HEARINGS, APPEARANCES AND REPORTS A-1 REVENUE SHARING PROPOSED USE HEARING Mr. Baxter stated that the recuirements of the Federal Revenue Sharing Act reouire a Public Hearing on an annual basis to allow for input from local citizens as to their suggestions on hour these conies received should be spent. Mr. Baxter stated that the Finance Director has indicated that there will be a total amount of $271,000 available for the uoconinq fiscal year, includinn an estimated fund balance of $34,000 and revenues of $237,000. Mr. Baxter stated that it was staff's recommendation to onen the Public Hearing to receive input and then direct such information received to staff for their review and future comments. Mayor Dorn opened the Public Hearing. Councilwoman Deutsch wanted to know in what areas the major expenditures had been for last year. Mr. Baxter stated that the major expenditure has been for the Wastewater Treatment Plant, and proposed revenue sharing for next year will be for the realignment of Las Tunas Street and for the 11astewater Treatment Plant. POTION: Mayor Dorn moved that the Public Hearinn be closed. The motion was seconded by Councilman Lemons and carried unanimously by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Dorn [NOES: None ABSENT: None MORRO BAY CITY COUNCIL • 0 REGULAR MEETING - APRIL 26, 1982 PAGE TWO M. R'9 ALBERT C. MOLTZER T.O.THEA.DMINISTRATIVE HEARING I Mr. Baxter stated that at the Council's direction, this appeal was continued from the last meeting to allow the Moltzers time to submit additional information that would substantiate their claim that their fishing vessel, the Phyllis, met the City's requirements to utilize a City slip. Mr. Bressan had contacted the Moltzers, and they informed him that no additicnal information would be forthcoming. Mr. Baxter. stated that the staff's recommendation is to deny the appeal by the Moltzers and uphold the decision by the Chief Harbor Patrol Officer that the Phyllis does not qualify as a commercial fishino vessel. Mr. Stewart Jenkins, Attorney representing the Moltzers, spoke in favor of the appeal. MOTION: Councilwoman Ward moved that the appeal by Mr. and Mrs. Albert C. Moltzer be denied. The motion was seconded by Councilwoman Deutsch and carried unanimously by the follewinq roll call vote AYES: Ward, Anderson, Deutsch, Lemons, Dorn NOES: None ABSENT: None Councilman Anderson questioned Mr. LeSage whether or not he would stand by the Ordinance. Mr. LeSage responded that he had no.oroblem with the existing Ordinance. MOTION: Councilwoman Ward moved that the Findings of Fact contained in the report submitted by the Director of Public Works be adopted: The motion was seconded by Councilman Anderson and carried by the following roll call vote: AYES: Ward, Anderson, Deutsch, Lemons, Dorn NOES: None ABSENT: None A-3 APPEAL BY MR. CHUCK GOODALE TO THE ADMINISTRATIVE HEARING DECISION PUBLIC WORKS DIRECTOR. CONTINUED FROM 4-12-82 Mr. Baxter stated that this appeal was continued to allow Mr. Goodale the opportunity to substantiate his claim that his vessel the Mary Kav, meets the City's requirements for commercial fishing vessels and therefore can utilize a Citv slip, 'Mr. Coodale has submitted two (2) letters which support the position that Mr. Goodale has been a commercial fisherman in the past. To date, Mr. Goodale has not submitted to staff any additional information that would support his position. Mr. Baxter stated that the staff's recommendation is for Council to uphold the findinos of the Chief Harbor Patrol officer that the vessel, the Mary Kay, does not qualify as a commercial fishing vessel and does not qualify for use of a City slip. Mayor Dorn opened the Public Hearing. Mr. Bressan stated he had requested Mr. Goodale to submit fish tickets, log book, or gas receipts to help substantiate his position, but Mr. Goodale had failed to produce any of these items. Therefore, Mr. Bressan stated he would concur with the City Administrator's recommendation to deny the appeal. MORRO BAY CITY COUNCIL • REGULAR MEETING-A.PRIL 26, 1982 PAGE THREE Mr. Bressan stated further that after discussing the problem with Mr. Goodale, he understands that Mr. Goodale has had some hardships over the past few years due to engine and fuel tank problems with his vessel. Staff has tried to be accommodating but Mr. Goodale has been unable to Produce any of the required documentation requested. MOTION: Councilwoman Ward moved that the Public Hearing be closed. The motion was seconded by Councilman Anderson and carried by the following roll call vote: AYES: Ward, Anderson, Deutsch, Lemons, Dorn NOES: None ABSENT: None MOTION: Mayor Dorn moved that the Findings of Fact as contained in the report submitted by the Director of Public Works be adopted. The motion was seconded by Councilwoman Deutsch, and carried by the following roll call: AYES: Ward, Anderson, Deutsch; Lemons, Dorn NOES: None ABSENT: None A-4 CONSIDERATION OF EXPANSION OF NORTH COASTAL TRANSIT SYSTEM Mr. Baxter stated that the Council of Governments received information requesting the addition of Saturday service between the City of I'lorro Bay and the City of SLO which is currently in service only on Monday through Friday. COG has reported that this route has been financially successful in the past and that it would be only a minimum increase for Saturday service. Mr. Baxter stated that staff's recommendation is to receive public input and authorize the Director of Public Works to work with COG staff to work out the details. Mr. Baxter added that this proposed service increase would cost the City approximately $2,000. Mayor Dorn opened the Public Hearing, there was no public comment. Mr. Bressan stated that the North Coastal Transit Service has operated very successfully since 1977 and has received 45-50% of its operatine costs from farebox. The City's cost would be $2,000 less the.farebox amount to offset expenses. This proposal has been discussed with the Finance Director and Mr. Sibbach has indicated that this cost would not place any financial burdens upon the Citys TDA (SB-325) Funds. Councilman Lemons questioned if after a six month trial period, would this program require JPA approval if continued. Mr. Bressan stated that it would require JPA approval. Councilman Lemons further questioned if this expansion would reduce what monies we have to operate Dial -A. -Ride (SB-325). Mr. Bressan stated that it would reduce the SB-325 monies over a period of time, which has in the past been used primarily for the support of Dial -A -Ride along with the reserve funds that have been accumulated. Councilwoman Deutsch stated that if the citizens of Morro Bay were really interested in this item, they would have been present at this meeting to support it. u MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 1982 PAGE FOUR. Mr. Baxter recommended that this item be continued for further discussion until the next City Council meeting. MOTION: Councilwoman Deutsch moved that no action be taken on this item and that it be continued until the May 10 City Council meeting. The motion was seconded by Mayor Dorn and carried by the following roll call vote: AYES: Ward, Anderson, Deutsch, Lemons, Dorn NOES: None ABSENT: None A-5 REQUEST BY GARY GORMLEY REGARDING STREET SIGNING (PACIFIC COTTAGE MOTEL) Mr. Baxter informed Council that a letter had been received from Mr. Gormley of the Pacific Cottage Motel requesting Council assistance in asking Cal Trans to provide additional signs along Highway 1 to allow for more notice of businesses in the north Morro Bay area. Mr. Baxter stated that staff's recommendation was to proceed with the suggestions as outlined by Mr. Gormley and contact Cal Trans regarding adequate signage. MOTION: Mayor Dorn moved that staff contact Cal Trans regarding additional signage along Highway l in north Morro Bay. The motion was seconded by Councilwoman Deutsch and carried by the following roll call vote: AYES: Ward, Anderson, Deutsch, Lemons, Dorn NOES: None ABSENT: None Gary Gormley spoke regarding his position. He stated that there had been several instances in the past where people lust could not find a place of business and have left town because of insufficient signage. Mayor Dorn suggested that a copy of this motion by minute action be sent to Senator Mello's office for his consideration. Councilwoman Deutsch stated that as long as staff would be contacting! Cal Trans regarding additional signage along Highway 1 in north Morro Bay, she would also like the signage problem corrected regarding the correct population for the City. There are currently three (3) different figures posted in the City. Mr. Baxter responded that staff would also look into this problem. Councilwoman Ward indicated that she did not feel there was sufficient signage regarding reducing speed as you enter the north Morro Bay area. Mr. Baxter responded that Cal Trans had been contacted regarding this area and that according to traffic surveys, the area did meet their requirements. However, Mr. Baxter stated that it would be included once again in the letter that would be sent to Cal Trans regarding other signage concerns. Mayor Dorn stated that he would like to thank Cal Trans for their cooperation in the clean-up week in the City. This will also be included in the letter. B. UNFINISHED BUSINESS MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL PAGE FIVE B-1 WORDING 26, 1982 OSED LAND USE PLAN POLICIES 7.02 AND 7.03 (CONTINUED Mr. Baxter stated that at Council's request, this item was continued from the last Council meeting. Mr. Baxter stated that Mr. Ray Biering had prepared a report which evaluates the information received by Mr._Robert Lane on wording changes to the Land Use Plan. Mr. Baxter recommended that Council make a policy determination regarding this matter. Ray Biering presented his report regarding the wording changes proposed by Robert Lane. Mr. Biering stated that it is his understanding that Mr. Lane's concerns address the Land Use PTan Policies 7.02 and 7.03 which would designate Morro Bay as a Harbor or Port under the Coastal Act Provision, Section 30700 of the LUP, and that this would effectively open the doors for an OCS base in Morro Bay. Mr. Bierinq stated that he had contacted Commission staff and one of the Deputy Attorney Generals and had spoken with the State Land's Commission and said basically that his conclusion is that this would not be the case. However, he said that it is true that if Morro Bay was designated as a Port and there are no other ports around; an oil company could have a better argument that Morro Bay would be an appropriate location for an OCS base. Mr. Biering felt that this designation would depend entirely on the content of the Master, Plan and what Morro Bay would do in connection.with the City being designated as a Harbor or Port. The City could phase out any possibilities of an OCS base in Morro -Bay for a number of environmental reasons. An oil company would have to satisfy many environmental requirements (e.a. Environmental Impact Report and Statement). , Mr. Biering stated that designating Morro Bay as a Harbor or Port does not necessarily open up Morro Bay as a potential OCS site (in his opinion). Councilman Lemons questioned Mr. Bierino that if we prepare a Master Plan for the Harbor which would preclude the use of Morro Bay as an oil Dort would this not be a possibility. Mr. Biering stated that, yes, this would be one of the City's options. Councilman Lemons further stated that if the City did not get permit issuing authority and Master Plan authority, was there not a possibility that we would not have any control over the Harbor. Mr. Biering stated that that was a correct statement and that the CoastalCommissionwould retain primary permit jurisdiction over the tidelands. Michael LeSage stated that Section 30519 Sub -Section B would take out of the review and certification process, the tidelands and submerged lands within the harbor. If amended, this section would provide that the tidelands and submerged lands within the harbor not be excluded by this process and that original permit jurisdiction would then go to the City. Regarding future protection of the harbor, the City and its citizens would be better off if the City is allowed to proceed with a plan that would be certified requiring action by both the City and the State. Mayor Dorn stated that he had spoke with Supervisory Flynn of Ventura County who is also a member of the Coastal Commission, and explained the intent of this Resolution. Supervisor Flynn felt that it would set the pattern because it calls for only commercial fishing and other public boating in the harbor and that it.waul'd.not permit any oil facility services in the harbor. Mr. Lane asked if the history notes had been reviewed on Section 30700 which orovide the background and intent of that particular section for an understanding of why we are proposing passing this section. Mr. Biering stated that there are no noteson this section. Mr. Biering stated that he had reviewed the California Coastal Plan back to 1974 and 1975 which gave him the history and background on this section. Mr. Lane stated what really concerns him are all the conditions that have been stated MO RRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26•• 9S2 PAGE SIX which are only opinions. The Bureau of Land Management has designated us as a third oil port and this is what concerns him and also the language used in the Coastal Plan. MOTION: Mayor Dorn moved that a Resolution be prepared amending the Land Use Plan Policies Sections 7.02 and 7.03. The motion was seconded by Councilwoman Ward and carried by the following roll call vote: (following a brief discussion) AYES: Ward, Anderson, Deutsch, Lemons, Dorn NOES: None ABSENT: None B-2 ZONING ORDINANCE TEXT AMENDMENT TO PROVIDE FOR FARMER'S MARKET IN C-1-N ZONE 2nd Reading Mr. Baxter recommended that Council read the Ordinance by title and number only and adopt it for its second reading... Mayor Dorn stated that the Senior Citizens had requested that this ordinance be expedited just as soon as .possible. Mayor Dorn suggested passing it as an urgency ordinance. A discussion followed regarding the necessity of an urgency ordinance and the code requirements before such an ordinance can go into effect. MOTION: Mayor Dorn moved that the proposed ordinance be expedited just as soon as possible to provide for a Farmers'.Market and that it be read by title and number only. The motion was seconded by Councilman Lemons and carried by the following roll call vote: AYES: Ward, Anderson, Deutsch, Lemons, Dorn NOES: None ABSENT: None Mr. Baxter read the title and number of the Ordiance. MOTION: Mavor Dorn moved that Section 6 of Ordinance 100 and Section 17.40.030 of the Morro Bay Municipal Code be amended to include as a use a California Certified Farmers' Market. The motion was seconded by Councilman Lemons and carried by the following roll call vote: AYES: Ward, Anderson, Deutsch, Lemons, Dorn NOES: None ABSENT: None Chief Olson stated that the Police Department had been involved in a Youth Services Project establishing a Safety Program. Officer Joe Reagan was instrumental in putting this program together and also for securing the needed donations to purchase Barnie, the "talking car". The entire cost to the City for this project was $38.64 with the remaining monies coming strictly from donations from the community. Chief Olson stated that he had Barnie available for a demonstration. The Mayor declared the meeting in recess at'9:05 p.m.. At 9:16 p.m. the Mayor reconvened the meeting. MORRO BAY CITY COUNCIL • REGULAR MEETING - A.PRIL 26, 1982 PAGE SEVEN B-3 INTERIM SEPTIC TANK PROGRAM FOR COUNCIL IMPLEMENTATION Mr. Baxter reported to Council that this item had been inadvertently placed again on the agenda before consulting with the Public Works Department. The report is still in the draft stage and will not be available until a later date. B-4 APPROVAL OF LEASE AGREEMENT FOR ASSUMPTION OF LEASE SITES 3514 AND MIA] IFL1l:F rnniT Tnn irn ronn� n ,o s� - Mr. Baxter stated that this item had been continued from the last meeting to allow the City Attorney time to review the lease agreement (a lease transfer from High Valley Investments, Inc. to Orval Leage). Mr. Baxter stated that the City Attorney had drafted some additional language that he wanted to be incorporated into the lease agreement. The recommendation by staff would be to adopt the Resolution allowing the lease assumption. Councilwoman Deutsch stated that it appeared that this new lease ran as lono a the old one, 20 years. Mr. Baxter stated that was correct. Mr. Baxter stated that the City had requested a reappraisal of the waterfront property by no later than 1984. Councilwoman Deutsch stated that she had read in the lease agreement 6% rather than 10%,minimum rental. Mr. Baxter stated that he would have this corrected. It was discussed that $3.50 was the anreed upon water rate per sq. ft. in 1969 for water front property. This assessment is recommended for the current rates until such time that the property is reassessed in 1984. The current annual rental is $3,900. The lease agreement says $2,300 / year. Councilwoman Deutsch recommended that the lease be corrected to reflect the correct figures because this is a new lease effective April 15, 1982. MOTION: Councilwoman Ward moved that this lease assionment be referred back to staff and continued to the next City Council meeting with the stated corrections beinn made. The motion was seconded by Mayor Dorn and carried unanimously. B-5 APPROVAL OF BICYCLE MOTO-CROSS TRACK (BMX) FOR DEL MAR PARK Mr. Baxter stated that the funding for the BMX track was not available at the time the concept was approved back in 1974. However, a track was planned for and included in the design of Del Mar Park and funds have been made available by the Fisherman's Association. The project has been reviewed by all of the appropriate City staff and it is their recommendation that this BMX project be approved as submitted. Mr. Kaltenbach, 473 Sicily spoke against.the proposed project stating that there was insufficient supervision of the facility. He stated that the grounds are being vandalized and that children are running their bikes all over the walk paths. Mr. Kaltenbach stated that he is afraid that the parks will be destroved for others who may wish to enjoy the park. Mary Sanders stated that it is impossible to supervise the park on a 24-hour basis. The Recreation Director stated that she is in theProcessof trying to establish a core group and/or parents groups that could help supervise the track. Mrs. Sanders stated that the track is providing a place where kids can come and meet with their friends. MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 1982 PAGE EIGHT Terry Weir, Recreation Department staff member, stated that the high school kids who hang out at the park appear to be responsible kids. He feels that the park track is a positive addition to the community. MOTION: Councilwoman Deutsch moved that the Bicycle Moto -Cross Track for Del Mar Park be approved. The motion was seconded by Councilman Anderson and carried by the following roll call vote: AYES: Ward, Anderson, Deutsch, Lemons, Dorn NOES: None ABSENT: None Police Chief Olson stated that he could also try to patrol the park to see if that would help to reduce the vandalism. C. NEW BUSINESS C-1 REQUEST BY ASSOCIATED DIVERS FOR BARGE MOORING LOCATION Mr. Baxter reported that Associated Divers is requesting to move their barqe from the T-Pier location to a street -end adjacent to the Tidelands Park project. The reasons stated for the change is because of the current repairs taking Place at the City T-Pier and the increased docking space in that area of the bay. The request was reviewed by City staff and all concur with the request. The lease will run from month to month equivalent to two mooring spaces. Mr. Baxter stated that the staff's recommendation was to approve the lease subject to the conditions as set forth by the Director of Public Works. Mr. Whibley was not available to sneak in favor of this request. MOTION: Councilman Lemons moved that this lease be approved. The motion was seconded by Councilwoman Ward and carried by the following roll call vote: AYES: Ward, Anderson, Deutsch, Lemons, Dorn NOES: None ABSENT: None C-2 APPOINTMENT OF HARBOR ADVISORY BOARD MEMBERS Mr. Baxter stated that the current Harbor Advisory Board members terms expire effective April 30, 1982, and that nine (9)applications have been received in response to the posted vacancies notice. Staff's recommendation was that Council make a policy determination regarding appointments to the Harbor Advisory Board. A discussion followed regarding appointment of six (6) regular board members and their alternates. John Bressan referred to the Municipal Code and read the six different categories from which each member and alternate must be appointed from. The categories are: MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 1982 PAGE NINE 1) Commercial Fishing; 2) Sport Fishing; 3) Marine Supplier; 4) Fish processing; 5) Water -related business; and 6) Member to serve at large. Councilman Lemons stated that Mr. Fitzsimmons did not reapply. He recommended that Frank Smith be appointed to fill his vacancy. MOTION: It was moved by Councilman Lemons that the following regular board members be appointed: Cliff Smith - Commercial Fishing Orvis Stacy - Marine Supply Frank Smith - Sport Fishing Steve Yeoman - Fish processing Reg Whibley - Water related business Doug Riddell - Member at large Seconded by Councilwoman Deutsch and so carried. Council requested that staff continue soliciting additional applications so they could appoint 6 alternates. Councilwoman Deutsch asked about the master beacon which lights the entrance to the Harbor. John Bressan stated that it had blown out and will be repaired. D. CONSENT CALENDAR D-1 RESOLUTION REQUESTING A. NUCLEAR WEAPONS BAN FOR THE U.S. AND THE SOVIET UNION Mr. Baxter recommended the adopticn of this Resolution regarding a nuclear weapons freeze. D-2 RESOLUTION EXPRESSING CONCERN OVER FREOUENCY OF MAJOR TRAFFIC ACCIDENTS TNV01 VTNG (.nMMFRCTAI TRI!r KC FTC Mr. Baxter recommended the adoption of this Resolution as a means of requesting the State to more clearly define their enforcement powers and control the hazardous materials currently being transported on highways and roads in the State. D-3 CITY COUNCIL MINUTES OF APRI1 12th MEETING (REGULAR) AND APRIL 5TH SPECIAL MEETING Mr. Baxter recommended that the minutes for the Anril 5th meeting only be approved as submitted, the April 12th minutes will be submitted at a future meeting. D-4 EXPENDITURE REPORT FOR THE CITY OF MORRO BAY (MARCH) Mr. Baxter recommended the Expenditure Report for March be approved as prepared by the Finance Director. D-5 RESOLUTION ADOPTING CITY PRE -EMPLOYMENT AND EMPLOYMENT STANDARDS Mr. Baxter stated that the City has not had any formalized pre -employment and employment standards in the past. It is recommended that the standards be approved as submitted. MORRO BAY CITY COUNCIL • • REGULAR MEETING - APRIL 26, 1982 PAGE TEN D-6 FIRE ENGINE FREE -RIDE USE REQUEST BY SENIOR CITIZENS Mr. Baxter stated that the Senior Citizens are having a fund raiser on May 22nd and have requested the use of the Reserve Fire Unit and to have the reserve engine available for free rides. Mr. Baxter recommended approval of this request. D-7 RESOLUTION AUTHORIZING PUBLIC WORKS TO PROCEED WITH WEED ABATEMENT AND TO Mr. Baxter stated that this is the time for Council to authorize staff to proceed with notifiation to property owenrs regarding the annual weed abatement program. Mr. Baxter recommended that the Resolution be adopted notifying property owners by mail and setting a public hearing date for May 24, 1982. D-8 AUTHORIZATION TO FILL WATER ADVISORY COMMITTEE VACANCY Mr. Baxter stated that Mrs.Lois Rowland was resigning from the Water Advisory Committee and requested approval to post notice of this vacancy. Mr. Baxter recommended that applications be received to fill this vacancy. D-9 APPROVE CERTIFICATION AND ADOPT RESOLUTION REGARDING RIGHT-OF-WAY FOR FA.0 PROJECTS Mr. Baxter stated that this project will not be accomplished until FY 1982-83 budget, and therefore recommends adoption of the Resolution authorizing the Mayor to sign approving the Right -of -Way certification for the proposed Main Street FAU project. D-10 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AMENDMENT NO. 2 TO NO. COASTAL JPA Mr. Baxter recommended that Council approve a transit program between the City of A.tascadero and San Luis Obispo and allow the Citv of Atascadero to be an equal partner in the JPA and adopt the Resolution as submitted. D-11 REQUEST FOR AUTHORIZATION TO SEEK BIDS FOR CITY BUILDING CUSTODIAL SERVICES Mr. Baxter stated that custodial tasks for City buildings could be performed more economically by contract. Therefore, requesting Council to authorize the Recreation Director to solicit bids for these services. D-12 REQUEST BY CLINT GARVIN TO CONDUCT STREET BAND CONCERTS ON THE EMBARCADERO Mr. Baxter pulled this item from the agenda and requested that it be continued to the next Council meeting. D-13 WORKERS' COMPENSATION COMPROMISE AND RELEASE SETTLEMENT AUTHORIZATION FOR rHRTCTnPHFR HARTnPni/F Mr. Baxter recommended that Council authorize Fitzpatrick Self -Insurance Administrators Inc., to obtain a Compromise and Release on Mr. Hairgrove in the amount not to exceed $9,000. MORRO BAY CITY COUNCIL 0 REGULAR MEETING - APRIL 26, 1982 PAGE ELEVEN D-14 PROCLAMATION DESIGNATING T m • CE WEEK" Mr. Baxter stated that Chief Olson had submitted a proclamation for Council's approval to proclaim National Police Week and Police Memorial Day. There was no discussion on the Consent Calendar. MOTION: Mayor Dorn moved that the Consent Calendar be approved as submitted with the exception of item D-12 which was continued. The motion was seconded by Councilwoman Ward and was unanimously carried. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL It was discussed by Council that no motion had been approved regarding the adoption of staggering the terms of office for Harbor Advisory Board Members (Item C-2). The Council concurred that the terms of office should be staggered with 3-members of the board expiring on the same appointment cycle as the Planning Commission. MOTION: Mayor Dorn moved that the original motion be amended to include the following: That the Harbor Advisory Board member's terms of office be staggered to the same appointment cycle as the Planning Commission. The motion was seconded by Councilwoman Deutsch and carried by the following roll call vote: AYES: Ward, Anderson, Deutsch, Lemons, Dorn NOES: None ABSENT: None Council adjourned to Close Session at 10:08 p.m. and reconvened to open session at 10:25 p.m. MOTION: Councilman Lemons moved to authorize appointment of Mr. Gerald Mason to represent the City and City officials in the suit by the owners of Graham's Landing. Seconded by Councilwoman Ward and carried 4-0-1, with Councilman Anderson abstaining. MOTION: Councilman Lemons moved that Council adjourn to the next regularly scheduled meeting. Seconded by Councilwoman Deutsch, and passed unanimously. The meeting was adjourned at 10:30 p.m. RESPECTFULLY SUBMITTED, Sharon ley V Acting Deputy City Clerk MORRO BAY CITY COUNCIL Special Meeting April 19, 1982 Recreation Hall - 5:00 P.M. Warren M. Dorn called the meeting to order at 5:15 p.m. ROLL CALL: PRESENT: Dorotha Deutsch Councilwoman Herminia Ward Councilwoman Warren M. Dorn Mayor ABSENT: Rodger Anderson Councilman John Lemons Councilman STAFF: Paul Baxter City Administrator John Bressan Director of Public Works Gary Napper Administrative Assistant Mary Sanders Recreation Director A. PUBLIC HEARINGS, APPEARANCES, AND REPORTS A-1 Discussion of the Morro Bay Golf Course Mayor Dorn explained that the recent discussions with the State of California regarding the future operations of the Golf Course is one of the reasons that he had called the meeting. He indicated that Mr. Pete Dangerman, Director of the State Parks Department, has indicated that the State would favorably consider the City subleasing the course from the County as an interim measure before a final lease could be prepared. He indicated that there Would a transition period during which time the City would prepare and submit a Management Operation Plan to the State for their review and eventual approval. He nominated the following to serve on a transition team: Councilman Lemons Park Commissioner Myers City Administrator Baxter Public Works Director Bressan Recreation Director Mary Sanders He directed that any additional staff be utilized for this project as needed. MOTION: Mayor Dorn moved that Council authorize staff to enter into negotiations for the sublease of the Morro Bay Golf Course and allow for preparation of a Management Plan that would be submitted to the State for their review and approval. The motion was seconded by Councilwoman Ward and carried by the following roll call vote. AYES: Dorn, Deutsch, Ward NOES: None ABSENT: Anderson, Lemons MORRO BAY CITY Special Meeting Page TWO COUNCIL - April 19, 1982 The Mayor wanted to extend special thanks to Mr. Luis Domenghini for his involve- ment in this particular project since Mr. Domenghini had initially furnished the Golf Course a well that would be used for public purposes and had opposed any plans that the State might have had for turning the operations of the Golf Course over to private enterprise. The Mayor also spoke to the need to have a reasonable fee schedule that would allow for junior and senior rates as well as promotion of certain activities such as the Junior State Tournament at Morro Bay. A-2 Further Consideration of Morro Bay as an Oil Port Mayor Dorn had indicated that in past discussions with Federal Officials in Washington, D, C. and with State Officials that at no time has Morro Bay been considered as a possible oil port for the OCS exploration currently going on in the Morro Bay area. He felt that in addition to these discussions, it was appropriate and timely to request a joinder with the California Coastal Commission in opposing any such plans for an oil port and felt that this issue needed to be clarified and spelled out precisely so that there would be no question in any peoples minds regarding the current posture of Council regarding this matter. He requested that the City Administrator read a resolution regarding the oil port, The City Administrator read such resolution, MOTION: The Mayor moved that the resolution be adopted. This was seconded by Councilwoman Deutsch and carried by the following roll call vote: AYES: Dorn, Deutsch, Ward NOES: None ABSENT: Anderson, Lemons Mr. Bruce Risely addressed Council at this time and stated that he is in agreement with Council regarding their opposition to Morro Bay becoming an oil port. He also indicated that he agreed with Council's support of the Golf Course action taken this evening. A-3 State Parks and Coastal Conservency Projects Mayor Dorn indicated that in recent discussions with State Parks Director Dangerman and Coastal Conservency Director Petrillo, there had been raised the possibility that a land -swap between the State and V.R.M. could be achieved to allow for the creation of a passive park on the current V.R.M. site. Since the State is short of funds, the swap is apparently the only way that creation of such a park could be achieved. At this time he is working with Senator Mello's office to determine what State lands might be available which could be offered to V.R.M. for a trade., Mr. Petrillo has indicated his willingness to serve as an intermediary and negotiator for exchange between the State and V.R.M. 0 0 MORRO BAY CITY Special Meeting Page THREE COUNCIL - April 19, 1982 MOTION: Mayor Dorn moved that City departments be authorized to work with the State Coastal Consevency and State Parks Department to achieve a land exchange between the State Parks Department and the V.R.M. so that a passive park could be created at the current V.R.M. site. The motion was seconded by Councilwoman Deutsch and carried by the following roll call vote: AYES: Dorn, Deutsch, Ward NOES: None ABSENT: Anderson, Lemons Mayor Dorn indicated that he would be meeting with Mr. Petrillo in Morro Bay on Wednesday, April 21st to discuss this matter further. Alice Lundberg addressed Council and indicated that she was the wife of an employee at the gulf course and wanted to know Council's position regarding the current employees at the golf course. Mayor Dorn indicated that they were sensitive to the needs of the employees and would do everything in their power to attempt to allieviate any problems that may be created by the transfer of operations from the County to the City. Councilwoman Deutsch and Councilwoman Ward both indicated their agreement with the Mayor's position. Mr. Jack Surflu asked Council regarding questions surrounding the V.R.M. property. He wanted to know whether or there was an official position by the State on this park development. Mayor indicated that at this point all concerned were viewing it as an opportunity to effect an exchange and create a passive park at this point. It was his indication that all feel that if possible the creation of an open space area for passive uses would be the best possible use for this property. He also thanked Mr. Surflu for his input and acknowledged and commended him as the City's first Mayor and thanked him for his previous contributions to the City. There being no further business to conduct the following closed the meeting. MOTION: It was moved by Councilwoman Deutsch and seconded by Councilwoman Ward to adjourn the meeting. This motion carried by a 3-0 vote. The meeting adjourned at 5:43 p.m. RESPECTFULLY SUBMITTED, Paul Baxter City Administrator 0 0 MORRO BAY CITY COUNCIL AGENDA REGULAR MEETING - APRIL 12, 1982 RECREATION HALL - 7:30 P.M. Call to Order Pledge of Allegiance - Horace Strong, representing all veterans Invocation - Jim Kennamur, First Christian Church PRESENTATION TO CITY OF MORRO BAY BY MORRO BAY FISHERMAN'S ASSOCIATION A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 CONSIDERATION OF AN APPEAL BY MR. AND MRS. ALBERT C. MOLTZER TO THE ADMINISTRATIVE HEARING DECISION OF THE PUBLIC WORKS DEPARTMENT A-2 CONSIDERATION OF AN APPEAL BY MR. CHUCK GOODALE TO THE ADMINISTRATIVE DECISION OF THE PUBLIC WORKS DEPARTMENT REGARDING COMMERCIAL FISHING STATUS FOR HIS VESSEL A-3 CONSIDERATION OF CASE NO. ZOA 1-82, REQUEST FOR CONSIDERATION OF A CITY INITIATED ZONING ORDINANCE TEXT AMENDMENT (MUNICIPAL CODE SECTION 17.32.080) TO PROVIDE FOR A "FARMER'S MARKET" A-4 LANGUAGE RELATING TO REFUSE COLLECTION SERVICE EXEMPTIONS FOR POSSIBLE REVISED POLICY AND POSSIBLE ORDINANCE REVISION B. UNFINISHED BUSINESS B-1 WORDING CHANGES TO PROPOSED LAND USE POLICY NOS. 7.02 AND 7.03 B-2 AN ORDINANCE AMENDING TITLE 14 OF THE MORRO BAY MUNICIPAL CODE ADOPTING THE 1981 EDITION OF THE NATIONAL ELECTRIC CODE (2nd reading) B-3 REPORT ON INTERIM SEPTIC TANK FEASIBILITY B-4 REPORT ON HARBOR BOAT SLIP DISPLACEMENT B-5 REPORT ON SENIOR CITIZEN CENTER EXPANSION B-6 STATUS REPORT ON REMOVAL OF GRAFFITTI FROM UNDERPASS AT MAIN AND HWY. 1 B-7 REQUEST FROM ORVAL LEAGE FOR ASSUMPTION OF LEASE SITE 35W AND 36W C. NEW BUSINESS C-1 CORRESPONDENCE FROM MORRO BAY SENIOR CITIZENS RE: LEASE RENEWAL C-2 REQUEST FOR APPROVAL OF SUB -LEASE OF PORTIONS OF LEASE SITES 87,88, 87W AND 88W C-3 REQUEST FOR APPROVAL OF SUB -LEASE OF LEASE SITE 74, 74W (SHIP'S STORE DELI) C-4 PRESENTATION BY SCENIC COAST BOARD RE: PRIVATE PROPERTY WEEK C-5 APPROVAL AND EXECUTION OF AGREEMENT WITH STATE OF CALIF. DEPARTMENT OF TRANSPORTATION C-6 REQUEST BY COUNTY OF SLO TO OPERATE SOUTH BAY AREA DIAL -A -RIDE C-7 NOTICE OF INTENT TO RECIND INVALID WATER ORDINANCES AND ADOPT A NEW WATER ALLOCATION ORDINANCE D. CONSENT CALENDAR D-1 CORRESPONDENCE FROM THE ATTORNEY GENERAL'S OFFICE RE: PROCLAMATION OF APRIL 18-24, 1982, AS "VICTIMS RIGHTS WEEK" D-2 DECLARATION OF FIRE HOSE AS SURPLUS PROPERTY D-3 CITY COUNCIL MINUTES FROM FEBRUARY 22, 1982 (REGULAR MEETING), MARCH 8, 1982 (REGULAR MEETING), MARCH 18, 1982 (SPECIAL MEETING) AND MARCH 22, 1982 (REG. MTG.) D-4 RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM KING CITY TRANSIT MIX TO MORRO BAY MATERIALS D-5 PROCLAMATION OF MAY 8 - 14, 1982 AS TOASTMASTERS INTERNATIONAL WEEK D-6 AWARD OF BID PW 82-88 FOR REPLACEMENT OF TRANSIT VEHICLES D-7 AMENDMENT TO CLASSIFICATION PLAN - DISPATCHER CLERK D-8 EXPENDITURE REPORT FOR CHAMBER OF COMMERCE, MARCH 1982 D-9 RESOLUTION COMMENDING MAYOR BOB NEWDOLL OF GROVER CITY D-10 TRANSFER OF FUNDS TO POLICE TRAINING ACCOUNT E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1982 RECREATION HALL - 7:30 P.M. Mayor Warren M. Dorn called the meeting to order at 7:35 p.m. The Pledge of Alleqiance was led by Horace Strong, representing Morro Bay Veterans. Reverent Jim Kennamur gave the invocation. ROLL CALL PRESENT: Rodger Anderson Dorotha Deutsch John Lemons Herminia Ward Warren M. Dorn STAFF: Paul Baxter Michael T. LeSage John Bressan Murrel Crump Gary Napper Al Olson Mary Sanders Gere Sibbach Bernie Zerr Peggy Buchanan Councilman Councilwoman Councilman Councilwoman Mayor City Administrator City Attorney Director Public Works Director of Community Development Administrative Assistant Police Chief Recreation Director Finance Director Fire Chief Deputy City Clerk PRESENTATION BY MORRO BAY FISHERMAN'S ASSOCATION TO CITY OF MORRO BAY Mr. Gene Koblick, President of the Morro Bay Fisherman's Association, was in attendance to present two checks to the City of Morro Bay, for use in construction of a BMX bicycle/ motocross track at Del Mar Park. Mr. Koblick read a statement to Council commending their efforts and thanking them on behalf of the Morro Bay Fisherman's Association. Mary Sanders„ Recreation Director, accepted the checks, in the amount of $250.00 from the Association, and $20.00 from Mr. Ed Diffenbacher, and presented the checks to Council. NOTICE OF COASTAL COMMISSION HEARING Paul Baxter stated that the City had received notice that Morro Bay's LCP (Local Coastal Program) would be before the Commission on Wednesday, April 21st, starting at 9:00 a.m. A. PUBLIC HEARINGS, APPEARANCES, AND REPORTS A-1 CONSIDERATION OF AN APPEAL BY MR. AND MRS. ALBERT C. MOLTZER TO THE ADMINISTRATIVE Mr. Baxter gave Council a brief background on this matter, statinq that the Chief Harbor Patrol Officer had not found adequate evidence to qualify the Moltzer's vessel, the Phyllis, as a commercial fishing vessel. The Moltzers then had an Administrative Hearing before the Public Works Director, and adequate time was allowed for evidence to be presented. The Public Works Director however, upheld the finding of the Chief Harbor Patrol Officer when adequate evidence was not brought forth. The Moltzers have now appealed to Council, and it would be appropriate for Council to hear testimony regarding this matter. Mr. Baxter stated that it was staff's recommendation that s • MORRO BAY CITY COUNCIL REGULAR MEETING - A.PRIL 12, 1982 PAGE TWO unless sufficient evidence was brought forth to show that the Phyllis had either fished 60 days during 1981, or grossed $5,000, that this appeal be denied. Mayor Dorn opened the Public Hearing for testimony. Mr. Stewart Jenkins, attorney for the Moltzers, spoke on their behalf, and urged Council to find some means of allowing the Molters to retain their City slip. Mr. Jenkins stated that the Moltzers did not feel they could provide the fish tickets as required, and did not wish to provide other evidence. Their testimony was they had fished in excess of the required 60 days, and should be considered as a commercial vessel. John Bressan explained the priorities for establishing a commercial vessel, and stated that there were several ways to prove this status besides fish tickets. Mr. Bressan commented that the Moltzers had not attempted to show a log of time spent fishing, or fuel receipts, or any other type of evidence. Councilman Lemons stated that according to the Moltzers testimony at the Administrative Hearing, they had fished approximately 100 days. John Bressan explained that when he had calculated the amount of time spent fishing with the available fuel receipts, he did not even come close to that figure. Mr. Jenkins then stated that there had been confusion regarding the "year" being discussed, and explained that there had been three different years, the fishing year, from April to March, the Fiscal Year, from June to July, and the calendar year, from January to December. This had been the cause of much confusion in bringing evidence before the City. Mr. Jenkins also asked the Council to consider an exemption for the Moltzers as senior citizens, or perhaps to use a "grandfather clause" to allow them to retain their slip. Mike LeSage stated that these options were open to Council, with an amendment to the existing ordinance. Mayor Dorn stated that he hoped there would be some way for the Moltzers to retain their slip, and urged them to provide the necessary evidence. Mr. Moltzer stated that he had been a commercial fisherman for many years, and that due to poor weather conditions, and a poor fishing season, was not able to fish as much as he desired, but should still be considered a commercial fisherman.. Councilwoman Deutsch stated that it was her feeling that there were exceptions to every rule, but that a change could not be made in the ordinance every time an exception was encountered. She urged the Moltzers to provide proof of their fishing time, and stated that there was a long waiting list of already qualified fishermen waiting for City slips. MORRO BAY CITY COUNCIL S • REGULAR MEETING - APRIL 12, 1982 PAGE THREE There was additional discussion among Council and the Moltzers, regarding the type of evidence that could be provided. Gene Koblick spoke and stated that there were places in the harbor for the fishing vessel the Phyllis, such as the T-Pier, that would be more suitable than a City slip. Councilman Anderson addressed Mr. Jenkins and asked if the Moltzers could provide any type of evidence for any time during the last year. Mr. Jenkins was unsure of what evidence the Moltzers could offerr. Councilwoman Deutsch stated that the Ordinance had been revised to be more lenient and allow more people to qualify than previously were able, by lowering the amount of gross receipts from $10,000 to $5,000. Mrs. Deutsch stated that many persons who could qualify under this revision could not possibly live on this income alone. Mayor Dorn asked Chief Harbor Patrol Officer Jim Funk how many were on the waiting list for City slips. Mr. Funk stated that presently there were 19 persons who had qualified and paid non-refundable deposits for city slips. MOTION: Councilwoman Ward moved that the Public Hearing be closed. The motion was seconded by Councilman Anderson and carried unanimously. (5-0) NOTION: Councilwoman Ward moved that the Director of Public Works, the City Attorney, Mr. and Mrs. Moltzer and their attorney, meet and again attempt gather evidence to qualify the Moltzer's vessel the Phyllis as a commercial fishing vessel, and that this Public Hearing be continued until the regular Council meeting of April 26 if no solution is found in this further meeting. The motion was seconded by Councilman Lemons. There was additional discussion about the need to continue this matter an additional two weeks. A-2 The motion was carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Dorn NOES: None ABSENT: None AN APPEAL BY MR. CH VE DECISION OF Paul Baxter read the staff report and stated that the background circumstances of this appeal were similar to that of the previous appeal, the Chief Harbor Patrol Officer having found insufficient evidence to prove the vessel Mary Kay as a commercial vessel and the Public Works Director upheld this finding after an Administrative Hearing was held and no additional evidence provided. Mr. Coodale has now appealed to the MORRO BAY CITY COUNCIL AGENDA REGULAR MEETING - APRIL 12, 1982 PAGE FOUR City Council and staff is recommending that unless additional evidence is brought forth that this appeal be denied. Mr. Goodale spoke to the Council, and stated that he had tried to get evidence to bring before Council but had not succeeded in his efforts. Mr. Goodale also informed Council of his health problems, as stated in a letter he had submitted to Council, and mentioned various hardships that had befallen him. John Bressan then informed Council that under severeiihar.dsh,pf:cohdi;tlon$ where the vessel had a history of commercial fishing use, a one year extension could be granted without necessary evidence of 60 days at sea or $5,000 gross receipts. Mayor Dorn then asked Mr. Goodale if he would be agreeable to the same arrangement as the previous appeal case, an extension of 2 additional weeks, to bring forth the required proof of his commercial fishing as per ordinance. Mr. Goodale agreed to this arrangement. MOTION: Councilwoman Ward moved that the Director of Public Works, the City Attorney, and Mr. Goodale meet and again attempt to gather evidence to qualify Mr. Goodale's vessel the Mary Kay as a commercial fishing vessel, and that this Public Hearing be continued until the regular Council meeting of April 26, if no solution is found in this further meeting. The motion was seconded by Mayor Dorn and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Dorn NOES: None ABSENT: None A-3 1-82. REQUEST FOR CONSIDERATION OF A CITY r:1 Paul Baxter read the staff report which recommended that Council adopt the Ordinance which would allow for a "Farmer's Market in a C-1-N Zone, with a use permit. Mr. Baxter stated that this was brought back to Council at their request, and was noticed as a Public Hearing. Mayor Dorn opened the Public Hearing, and there were no comments. MOTION: Councilwoman Deutsch moved that the Public Hearing be closed. The motion was seconded by Councilwoman Ward and carried unanimously. (5-0) MOTION: Councilman Lemons moved that Council read this Ordinance by title and number only. Mayor Dorn seconded the motion and it was carried unanimously. (5-0) Paul Baxter read, "An Ordinance Amending Section 6 of Ordinance 100 and Section 17.40.030 of the Morro Bay Municipal Code Case No. ZOA 01-82". MORRO BAY CITY COUNCIL 0 • REGULAR MEETING - APRIL 12, 1982 PAGE FIVE MOTION: Councilman Lemons moved that Council adopt this Ordinance as read by title and number only as its first reading. The motion was seconded by Councilwoman Ward and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Dorn NOES: None ABSENT: None A-4 LANGUAGE RELATING TO REFUSE COLLECTION SERVICE EXEMPTIONS FOR POSSIBLE REVISED Paul Baxter reviewed the staff's report and recommendations regarding the concept of exemptions to Mandatory Refuse Service. He stated that the Refuse Franchise Board had recommended that no exemptions to the Ordinance be made, but had provided Council with revised wording that might allow future exemptions to be made under the term "policy". Mr. Baxter also stated that the minutes of the Refuse Franchise Board meeting for April were attached for Councils approval of the hardship variances, with one addition to the list of variances, Mrs. Hurlburt. Mr. Baxter explained that the attached Resolution would require that upon any application for rate increase, certain information would be required to be examined, such as financial records, etc. Ron Myers, a member of he had been questioned be effected by the shu investigation of this no effect on insurance stated that it was the that exemptions should the Refuse Board, was present and stated that one concern about was the possibility that fire insurance rates would t off of domestic water. Mr. Myers stated that in his ie found that this is untrue, and that domestic water has rates, only the availability of City water mains. Mr. Myers Board's feeling that the Ordinance should remain as is, and not be granted. Mary Phillips spoke regarding her lack of satisfaction with the garbage service and the fact that she did not need garbage service and felt exemptions should be made. Bea Marciel questioned the billing practice of the City and Morro Bay Garbage in charging two months in advance for garbage service. Ms. Marcie] did not feel she should have to pay in advance for services not yet rendered. Finance Director Gere Sibbach suggested that Ms. Marciel meet with him to review the billing procedures and ordinances. Lee Schultz stated that he also felt billing in advance was wrong. Lorraine Wagner stated that the garbage company had been billing in advance now for 31 years. Ray Calderbach agreed with mandatory garbage service but felt there should not be a limit of 1 can mandatory. Peggy Lipe, a member of the Refuse Franchise Board, stated that the Refuse Ordinance was mandatory and should not be amended, and that if there were a sufficient number of people opposed to it, there were ways to have the ordinance repealed. MORRO BAY CITY COUNCIL • • REGULAR MEETING - APRIL 12, 1982 PAGE SIX MOTION: Councilwoman Deutsch moved that the Public Hearing be closed. The motion was seconded by Councilwoman Ward and carried unanimously. MOTION: Councilman Lemons moved that Council ratify the minutes of the Refuse Franchise Board Meeting of April 7, and the hardship variances therein including the addition of Mrs. Hurlbert to that list. The motion was seconded by Councilman Anderson and carried unanimously by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Dorn NOES: None ABSENT: None MOTION: Councilwoman Ward moved that Council adopt the attached Resolution relating to rate increase information to be required for refuse service, and authorize the Mayor to sign on behalf of the City. The motion was seconded by Councilman Lemons and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Dorn NOES: None ABSENT: None Council then discussed possible amendments to the Ordinance, and the recommendation of the Refuse Board to not allow exemptions. Councilman Lemons felt that there should be some avenue for allowing exemptions under some circumstances. Mayor Dorn stated that he felt the Franchise Board should continue to report on hardship variances, and when and if they felt an amendment should be made to the ordinance, Council could then reconsider. Councilman Lemons also mentioned that staff should look into other ways of collecting overdue and delinquent accounts other than placing a lien on the property. B. UNFINISHED BUSINESS B-1 WORDING CHANGES TO PROPOSED LAND USE POLICY NOS. 7.02 AND 7.03 Paul Baxter reviewed the staff report and recommendation that Council approve the word changes to the Land Use Plan Policy Nos. 7.02 and 7.03, and stated that the City Attorney had reviewed the changes and approved of the staff recommendation. Mr. Bob Lane spoke regarding the changes, and said that he was satisfied with the rewording but concerned regarding the legal effect of designating Morro Bay as a harbor under Public Resources Code 30700. Mr. Lane stated that he had consulted. with an attorney in Los Angeles, and learned that Section 30700, and subsequent code sections are specifically for Coastal Permit exemption for harbors devoted primarily to transportation, commercial, industrial and manufacturing uses. Mr. Lane stated that when this revised policy is passed, Council is declaring that Morro Bay is to be a destination, departure and service port for seagoing commerce under Code Section 30700.- This would allow local control subject to the policies MORRO BAY CITY COUNCIL • • REGULAR MEETING. - APRIL 12, 1982 PAGE SEVEN in the Land Use Plan. Mr. Lane then specifically mentioned Policy 2, page 118, entitled Outer Continental Shelf Oil and Gas, which states that upon Lease Sale 53, the processing of recovered oil and gas from the outer continental shelf requires considerable industrial activity on land as well as on sea. On page 120 Mr. Lane stated, it is set forth that the Bureau of Land Management E.I.S. for Lease Sale 53, it states that Morro Bay will be one of the three major on -shore operation sites required and Morro Bay would have to provide a minimum of 15 acres. Bob Lane then read from page 120, "that while identification of tbe.City,of Morro Bay as a service base does not preempt the City's authority to approve or deny such development, it does point out the desirability of the harbor for such uses." Mr. Lane then stated that even if Council has no desire to approve such a use, when Morro Bay is declared a destination, departure and service port for seagoing commerce to receive a permit exemption, the City would be thereafter mandated to provide such facilities when requested, and since they are enumerated in the Land Use Plan, the oil companies can demand such access. Mr. Lane reiterated his concerns, and urged Council to revise the entire policy sections 7.02 and 7.03 and the Outer Continental Shelf section. Councilman Anderson stated that with the amount of new information just presented by Mr. Lane, he would like to have copies of Mr. Lanes comments made available for the City Attorney, and Director of Community Development to review. Councilman Anderson felt that if these statements were reviewed and found to be correct, he would not be in favor of these chanoes. Councilwoman Deutsch concurred that if there were even the slightest chance of these events happening, something shoud be done immediately to prevent this. Paul Baxter stated that this matter would be returned to Council at the earliest possible date. Mayor Dorn stated that he would like to see a meeting between Mr. Lane and Mr. Crump and any other member of staff concerned to discuss these concerns, and that with no objections, this matter would be held until the next meeting. MIA 14 OF THE MORRO BAY MUNICIPAL CODE Paul Baxter stated that this was the second reading of an Ordinance which would adopt the 1981 edition of the National Electric Code and recommended that this be read by title and number only. MOTION: Councilwoman Deutsch moved that Council read this Ordinance by title and number only. The motion was seconded by Councilman Lemons and carried unanimously. Paul Baxter read "An Ordinance Amending Title 14 of the Morro Bay Municipal Code Adopting the 1981 Edition of the National Electric Code". MOTION: Councilwoman Ward moved that Council adopt this Ordinance for its second reading. Motion was seconded by Councilwoman Deutsch and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Dorn NOES: None ABSENT: None MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1982 PAGE EIGHT Council recessed at 9:30 p.m. and reconvened at 9:45 p.m. B-3 REPORT ON INTERIM SEPTIC TANK FEASIBILITY Paul Baxter read the staff report from John Bressan, and stated that both the Water Quality Control Board and the County Health Department felt that septic tank use would only be advisable on a short-term, interim basis, with the proper testing of soils and compliance to health code requirements. MOTION: Mayor Dorn moved that Council adopt the recommendation of staff and that a program to allow interim septic tank use be developed, with provisions made for a bond to be provided for eventual hook-up to sewer, and for proper abandonment of any temporary septic tank system. and that this program be brought back to Council for final approval. Motion was seconded by Councilwoman Ward, and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Dorn NOES: None ABSENT: None Councilman Anderson questioned the length of time an "interim" system would be allowed before hook-up would be required. John Bressan stated that when the hook-up ban is lifted, which should be sometime around September, any interim systems would be required to hook-up to sewer immediately. Councilman Lemons asked if an Ordiance would need to be adopted to implement this program. Mr. LeSage stated that most likely this would be the case, as their is probably an Ordinance in effect requiring hook-up to sewer. B-4 REPORT ON HARBOR BOAT SLIP DISPLACEMENT Paul Baxter reported that the Harbor Advisory Board had recommended that mooring policies be revised to allow the City more control over assignment, reassignment and designation of moorings, to implement some type of priority assignment system. John Lemons read a Resolution which declared that an emergency situation exists which requires that no further mooring lease resales be approved until a report is submitted to Council and a decision made regarding any necessary revisions to current policy. MOTION: Councilman Lemons moved that Council. adopt the Resolution as Read, and that no further mooring resales be approved until the Council has acted on any necessary changes to current policy. The motion was seconded by Councilwoman Ward and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Dorn NOES: None ABSENT: None r� L MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1982 PAGE NINE B-5 REPORT ON SENIOR CITIZEN CENTER EXPANSION Paul Baxter gave an oral report on the planning progress for the Senior Citizen Center Expansion and stated that a proposed location for the center was needed for the Seniors to continue their fund raising efforts. Councilman Lemons asked what size of area would be needed. Marguerite Lieberman stated that the total area need (including necessary parking) would be approximately 66,000 square feet. Ms. Lieberman stated that the building would only be about 8,000 square feet, to be built in three phases. Councilman Anderson asked what sites were available. Paul Baxter stated that there were several areas in questions, but that these had been obtained for the eventual expansion of police and fire facilities, however in preliminary discussion there appeared to be ample space available for all needs. MOTION: Mayor Warren Dorn moved that the Council approve a City committment to the Senior Citizens Center for two years, to provide existing land for an 8,000 square foot building area where parking can be accomodated. Councilman Anderson seconded the motion and it was carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Dorn NOES: None ABSENT: None Mr. Ray Zeuschner asked if the two years would be until completion of the center or two years to begin construction. Councilman Anderson stated that the committment was for two years, for either construction to begin or additional time requested. Mayor Dorn questioned the parking requirements for this facility. Murrel Crump stated that the large area required for parking was due to the planned auditorium/theatre designation. B-6 STATUS REPORT ON REMOVAL OF GRAFFITTI FROM UNDERPASS AT MAIN AND HWY. 1 Paul Baxter stated that this item was brought back to Council as an informational item only, as the graffitt had been removed by City crews and an agreement reached with Cal Trans regarding the underpass at Main and Hwy. 1. The City will be responsible in the future for removal of graffitti. Mayor Dorn thanked Mr. Bressan and City crews for their work in this matter. MORRO BAY CITY COUNCIL • • REGULAR MEETING - APRIL 12, 1982 PAGE TEN B-7 REQUEST FROM ORVAL LEAGE FOR ASSUMPTION OF LEASE SITES 35W and 36W Paul Baxter stated that a lease has been prepared for assumption of Lease Sites 35W and 36W by Orval Leage from High Valley Investments. Mr. Baxter outlined several important aspects of the lease, such as the schedule of rents and assessments for the property, the new Schedule A, the back rent to be paid by the Leages, the insurance requirements, the repair to the fire main on the wharf, the stipulation that no refrigerated trucks would be allowed overnight, and the agreement that a boundary line agreement with the City and State would be signed regarding the Tidelands Boundary Line for that parcel. Staff was recommending that this Lease be approved and that a Resolution be adopted approving the transfer. Mayor Dorn stated that the petitioner should be made aware of the possibilty of seawater usage at this site. MOTION: Mayor Dorn moved that Council approve this Lease Assumption subject to review by the City Attorney and conditioned upon Council's ultimate approval. The motion was seconded by Councilwoman Ward and carried by by following roll call vote: AYES: Ward, Lemons, Deutsch, Dorn NOES: None ABSENT: None ABSTAIN: Anderson C. NEW BUSINESS C-1 CORRESPONDENCE FROM MORRO BAY SENIOR CITIZENS RE: LEASE RENEWAL Paul Baxter read the staff report and recommendation that Council approve a two-year lease renewal of the Senior Citizens lease site. Mr. Baxter stated that renewal had been held pending the outcome of the expansion program, but additional time will be required, and the Senior Citizens have requested a two-year renewal. MOTION: Councilman Lemons moved that Council authorize a two-year renewal of the Senior Citizens lease site and authorize the Mayor to sign on behalf of the City. The motion was seconded by Mayor Dorn and carried unanimously. (5-0) C-2 REQUEST FOR APPROVAL OF SUB -LEASE OF PORTIONS OF LEASE SITES 87 88 87W and 88W Mr. Baxter stated that a request had been received from Mr. Ralph Gunther to sub -lease portions of Lease Sites 87, 88, 87W and 88W. Mr. Baxter stated that lease payments on this site are current and insurance certificates are current and no changes of use have been requested. Mr. Baxter stated that staff recommends approval of the sub -lease, and adoption of the attached Resolutions. MOTION: Mayor Dorn moved that Council adopt the attached Resolutions approving the Sub -Lease of certain portions of Lease Sites 87, 88, 87W and 88W to Laurence and Ursula Davis, and Kim and Sheryl Gunther, and that a Sub -Lease Agreement for both parties be furnished, as well as a map indicating that portion of the lease site to be sub -leased for each party. 0 MORRO BAY .CITY COUNCIL REGULAR MEETING - APRIL 12, 1982 PAGE ELEVEN The motion was seconded by Councilwoman Ward, and carried by the following roll call vote: AYES: Ward, Lemons, Deutsch, Dorn NOES: None ABSENT: None ABSTAIN: Anderson Councilwoman Deutsch asked what the current use was for this site, and what portions were going to be sub -leased. Mr. Ralph Gunther stated that the current use is Bob's Seafoods, Bobs Sportfishing and a gift Shope. Mr. Gunther stated that the restaurant and sportsfishing operations were to be sub -leased, but with no change in use. C-3 REQUEST FOR APPROVAL OF SUB -LEASE OF LEASE SITE 74, 74W (SHIP'S STORE DELI) Mr. Baxter informed Council that a request from Mr. John Kirth had been received, to sub -lease Lease Site 74, 74W to William and Dorothy McMinn. Payments on the lease are current and insurance provisions are up-to-date. Mr. Baxter stated that no change in use has been requested. Staff recommends adoption of the attached Resolution approving the sub -lease. MOTION: Mayor Dorn moved that Council adopt the attached Resolution approving the sub -lease of Lease Sites 74, 74W to William and Dorothy McMinn as submitted. Motion was seconded by Councilwoman Ward. Vote on this motion was held pending an answer to a question from Councilwoman Deutsch regarding whether these were percentage rental leases. Bruce Risley questioned the portion of the lease site to be sub -leased and the amount of rental received by the City on this site. Paul Baxter stated that if this was a percentage rental, addition monies would be collected by the City. Councilwoman Deutsch stated that rentals are being reevaluated to adjust discrepancies. C-4 PRESENTATION BY SCENIC COAST BOARD REGARDING PRIVATE PROPERTY WEEK Bud Moffitt, President of the Scenic Coast Board of Realtors gave a presentation to Council regarding the origin and meaning of Private Property Week, to instill in the public an awareness of private property rights, and how this rights can be eroded. He read a letter from President Reagan encouraging observation of Private Property Week and asked the Council to proclaim April 18 - 24, 1982, as such. MOTION: Mayor Dorn moved that Council authorize the Mayor to proclaim April 18-24, 1982, as Private Property Week. The motion was seconded by Councilwoman Ward and with no objections was carried unanimously. (5-0) MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1982 PAGE TWELVE C-3 REQUEST FOR APPROVAL OF SUB -LEASE SITE 74, 74W (CONTINUED FROM EARLIER) Discussion resumed regarding the above lease site. Mr. Baxter informed Councilwoman Deutsch that this was a percentage rental site. Councilwoman Deutsch asked if this was a County lease. Mr. Baxter stated that this was a regular City Lease with percentage payment to the City. MOTION: The motion by Mayor Dorn was carried by the following roll call vote: AYES: Ward, Lemons, Deutsch, Dorn NOES: None ABSENT: None ABSTAIN: Anderson C-5 APPROVAL AND EXECUTION OF AGREEMENT WITH STATE OF CALIFORNIA DEPT. OF TRANSPORTATION Paul Baxter stated that the Agreement with Cal Trans was to provide for maintenance of State Highways in the City of Morro Bay, and supercedes the previous agreement dated December 27, 1966. Mr. Baxter stated that the only changes were in format of the agreement and the City Attorney had reviewed and approved the agreement. MOTION: Mayor Dorn moved that the Council approve the proposed agreement with the California Department of Transportation as drafted and that they adopt the attached Resolution authorizing the Mayor and City Clerk to sign the agreement on behalf of the City. The motion was seconded by Councilman Lemons and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Dorn NOES: None ABSENT: None Mayor Dorn asked if this ageement contained any provisions for beautification. Paul Baxter stated that if and when the City has the available water to provide, a beautification program can begin. Mr. Baxter stated that the State is aware of the water situation. C-6 REQUEST BY THE COUNTY OF SAN LUIS OBISPO TO OPERATE SOUTH BAY AREA DIAL -A -RIDE Paul Baxter stated that the City had been requested by the County Engineer's Office to consider operating the Dial -A -Ride service in the South Bay area. Mr..Baxter recommended that Council return this matter to the Public Works Director for further discussions with the County, as there are obstacles which would make such a request infeasible unless a reasonable solution can be achieved and cooperation with the County accomplished. Councilwoman Deutsch felt this was an excellent idea and should be pursued and implemented if at all possible. MORRO BAY CITY COUNCIL 1 REGULAR MEETING - APRIL 12, 1982 PAGE THIRTEEN Council discussed the possible problems associated with this item, including funding, space, personnel, and vehicles. Vic Kahmi, a Transportation Planner with SLOCOG, was present and stated that it had been determined that there was a need for this service in the South Bay Area, and that a system tied in with Morro Bay's Dial -A -Ride system was preferable to a separate system. John Bressan stated that this idea could cause several problem areas within the Dial -A -Ride program. Paul Baxter suggested that the matter be referred back to the Public Works Director for further study and meetings with the County. MOTION: Mayor Dorn moved that Council refer this matter back to the Public Works Director for additional study and that a report be submitted to Council at the earliest convenient date. The motion was seconded by Councilwoman Deutsch and carried unanimously. (5-0) Jerry Belair spoke in support of the combined Morro Bay -South Bay Area Dial -A -Ride system. C-7 NO INVALID WATER ORDI LOCATION Paul Baxter stated that this matter was before Council at their request and for their discussion. Murrel Crump explained that various ordinances were on the "books" that had been recinded or amended and these needed to be identified. Mike LeSage stated that with the Coastal Commission decision in 1977, previous ordiances were rendered mute. He stated that Council may wish to change what in on the books to clarify the water issue. Mayor Dorn commented that Council had just recently passes a Resolution indicating the method of water allocation. Paul Baxter suggested that this matter be referred back to staff for further study. MOTION: Mayor Dorn moved that Council refer this matter back to staff for further study and report. The motion was seconded by Councilman Lemons and carried unanimously. (5-0) D. CONSENT CALENDAR D-1 CORRES THE ATTORNEY GEN RE: PROCLAMATION ( Paul Baxter stated that the Attorney General's Office had requested all governmental jurisdictions to proclaim April 18-24, 1982 as "Victims Rights Week". Mr. Baxter recommended that Council declare April 18-24 as such, and authorize the Mayor to sign on behalf of the City and that such proclamation be mailed to the Attorney General's Office. MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1982 PAGE FOURTEEN D-2 DECLARATION OF FIRE HOSE AS SURPLUS PROPERTY Paul Baxter recommended that Council declare 1500 feet of fire hose as surplus to City needs and authorize Chief Zerr to trade this hose for equal value of Fire Department equipment. D-3 CITY COUNCIL MINUTES FROM FEBRUARY 22, 1982 (REGULAR MEETING). MARCH 8. 1982 1'ILLI11Yll�• Paul Baxter stated that the .minutes of the above meeting had been prepared by the Deputy City Clerk and recommended approval as submitted. D-4 RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM KING CITY TRANSIT MIX TO MORRO BAY MATERIALS Mr. Baxter recommended that Council approve a Resolution approving the assignment of Lease Site 150 from King City Transit Mix to Morro Bay Materials. D-5 PROCLAMATION OF MAY 8-14, 1982 AS TOASTMASTERS INTERNATIONAL WEEK Paul Baxter recommended that Council proclaim May 8-14, 1982 as Toastmasters International Week as requested. D-6 AWARD OF BID PW 82-88 FOR REPLACEMENT OF TRANSIT VEHICLES Mr. Baxter recommended that Council award Bid No. PW 82-88 to Wide One Corporation of Anaheim,and that they approve the Resolution in the amount of $66,979.80 for such gross amount of bid, and that the Finance Director be authorized to pay the bid amount within a five-day period to realize a 3% discount from the above figure. D-7 AMENDMENT TO CLASSIFICATION PLAN -DISPATCHER CLERK Paul Baxter recommended.that Council approve the amendment to the classification plan for Dispatcher Clerk to more,propertyly state requirements for typing speed and radio dispatching experience. D-8 EXPENDITURE REPORT FOR CHAMBER OF COMMERCE Paul Baxter stated that the.Finance Director was recommending that Council authorize the expenditure of $1,262.67 for the Chamber of Commerce expenses for March, 1982. D-9 -RESOLUTION COMMENDING MAYOR BOB NEWDOLL'OF GOVER CITY Mr. Baxter recommended that Council adopt the Resolution commending Bob Newdoll for his public service to the City of Grover City., D-10 TRANSFER OF FUNDS TO POLICE TRAINING ACCOUNT Paul Baxter explained that an additional $3,550.00 is being requested from General Fund Contingencies for the Police Training Account, and this amount will be reimbursed by the State. Mr. Baxter recommended Council approve the transfer of this amount to account 01-4833-390 for Fiscal Year 1981-82. lJ MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1982 PAGE FIFTEEN Paul Baxter announced that there were several additions to the Consent Calendar. D-11 EXTENSION OF DEPARTMENT OF WATER RESOURCES CONTRACT FOR WATER STUDY Paul Baxter explained that an additional 2 month extension of the Department of Water Resouces contract for water study was being requested, with no additional cost to the City. Mr. Baxter recommended that Council authorize this extension of 2 months. A Resolution was adopted by unanimous vote. D-12 PROCLAMATION OF NATIONAL VOLUNTEER'S WEEK Paul Baxter stated that the Morro Bay Women's Club had requested that the week of April 18-24, 1982 be proclaimed as National Volunteer's Week. Mr. Baxter recommended that Council authorize the Mayor to proclaim National Volunteer's Week as April 18-24, 1982. D-13 RESOLUTION ENCOURAGING THE CANCELLATION OF COUNTY LEASES ON STATE OWNED FACILITIES AND THE INTENT BY THE CITY OF MORRO BAY TO ACCRUE".THE<:G0EF;000RSE Paul Baxter explained that this Resolution was to encourage the cancellation of County Leases in Avila Beach, Cayucos and Morro Bay, and to expedite the transfer of these State owned facilities to the respective Cities. Mr. Baxter recommended that Council adopt the Resolution as submitted. MOTION: Mayor Dorn moved that the Council approve the Consent Calendar as submitted. The motion was seconded by Councilman Lemons and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Dorn NOES: None ABSENT: None MCTION. Ccu:icilr,an Lemcns moved that the City Administrator he instructed to prepare a draft of a resolution asking that Congress and the President propose a bi-lateral freeze on nuclear arms production as a first step toward real and meaningful progress to the goal of world-wide disarmament. This item to be set for Council approval at the regular meeting of April 26, 1982. The motion was seconded by Councilman Anderson and carried unanimously. (5-0) Paul Baxter requested that Council hold a brief Closed Session at 11:10 p.m. Council then adjourned to Closed Session at 11;10 p.m. and reconvened to its regular session at 11:20 p.m. MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1982 PAGE SIXTEEN MOTION: Councilman Lemons moved that the meeting be adjourned to the next regular meeting of April 26, 1982. Upon second by Councilwoman Deutsch, the motion was carried unanimously. (5-0) The meeting was adjourned at 11:22 p.m. RESPECTFULLY SUBMITTED, Peggy Buchanan Deputy City Clerk • 1] MORRO BAY CITY COUNCIL SPECIAL MEETING - APRIL 5, 1982 RECREATION HALL 5:00 p.m. Mayor Warren Dorn called the meeting to order at 5:10 p.m. I:I110wKims PRESENT: Rodger Anderson Dorotha Deutsch Herminia Ward Warren Dorn ABSENT: John Lemons (excused) HARBOR ADVISORY BOARD MEMBERS PRESENT: Cliff Smith Mike Fitzsimmons STAFF: Paul Baxter John Bressan Gere Sibbach Peggy Buchanan Councilman Councilwoman Councilwoman Mayor Councilman City Administrator Public Works Director Finance Director Deputy City Clerk P-3 Mayor Warren Dorn stated that this special meeting of the City Council had been called to discuss jointly with the Harbor Advisory Board, the possibility of creating a Harbor Department and Commission. Cliff Smith commented favorably on the creation of a separate Harbor Department and Commission, and said that this had been a long-range goal of the Harbor Advisory Board for some time now. He felt that a Commission similar to the Planning Commission, with certain areas of authority, would be best, with the City Council as the ultimate authority. Councilwoman Deutsch requested clarification regarding the Harbor Fund. She asked how the creation of a separate department would -affect this fund. Paul Baxter stated that the Harbor Fund is a Trust Fund and would not be changed by the creation of a Harbor Department or Commission, and that the City Council would retain the authority to create a budget and/or authorize spending. Mr. Baxter also commented that any additional costs created by the addition of a Harbor Department would depend on what new services would be in effect. Councilwoman Deutsch emphasized the need to keep costs in line, as there is no solid record of harbor revenues, or increases in these revenues with the new improvements. Cliff Smith restated his idea of a Harbor Commission similar to the Planning Commission with the City Council retaining the final authority. Mayor Dorn stated that with such a well qualified Harbor Officer as Jim Funk, such a MORRO BAY CITY COUNCIL SPECIAL MEETING - April 5, 1982 Page Two new Department would be well run. Jim Funk, Harbor Patrol Officer, stated that he was uncertain as to what term the Commission was refering to, a Harbor Department or Harbor Commission. Councilwoman Deutsch said that she felt it would be a Harbor Department, with a Harbor Commission functioning within the Department, as with the Planning Department and Commission. Jim Funk stated that basically he would be in favor of a Harbor Commission, to avoid the lenghty delays and excess administrative work and felt that eventually a Harbor Department would be advisable. John Bressan, Public Works Director, felt that much of the administrative abilities had already been transfered to the Harbor Division, due to a capable Harbor Patrol Officer, and was uncertain as to the effect, if any, on his duties. Mr. Bressan stated that much of his participation in the Harbor Division would still remain, unless an Engineer was hired to take over. Mayor Dorn asked for comments from the audience. Gene Koblick, President of the Morro Bay Fisherman's Association, was in favor of a Harbor Department and Commission and recognized the necessary participation of the Public Works Department. Peter Diffley requested clarification regarding the City's proposal to have the Harbor designated as a "Port", to return the permit authority to the City's hands. Mr. Diffley asked whether this was connected to the idea of creating a Harbor Department. There was discussion over this comment, and Councilwoman Deutsch stated that the City would continue to work towards the designation of Morro Bay Harbor as a "port" but the Council would not be creating a "port authority" and would only be attempting to return the permit issuance ability to the City. Mayor Dorn reiterated that there would be no creation of a "port authority" and that if a Harbor Commission was created, the final authority would still remain with the Council, as it is now. Councilwoman Deutsch asked Mr. Smith if in planning this meeting, was it his idea to suggest that staff analyize the ideas presented; to increase effeciency of the Harbor Division and save time, and have a detailed report brought back to Council with recommendations. Mr. Smith said that this had been his intention. Bruce Risley stated that if all Council was attempting to do was increase effeciency within the City, there were other ways to do this, and asked how this creation of a Harbor Department would take place. • 0 MORRO BAY CITY COUNCIL SPECIAL MEETING - APRIL 5, 1982 Page Three Mayor Dorn stated that if a Harbor Department was to be created, if would be set up as any other Department, with a Director and staff, under the City Administrators authority. Cliff Smith gave an example as to how a Harbor Department and Commission could benefit the City, by increased ability to collect past due rentals, and other such actions. Coucilwoman Deutsch requested a breakdown of overdue rental figures. Gere Sibbach, Finance Director, stated that this had been a problem in the past, and that the Finance Department was currently working on several solutions, and that the problem of collecting overdue accounts was being resolved. There was additional discussion on the situation at the Harbor regarding overdue and delinquent rentals. MOTION: Mayor Dorn stated that Council favors bringing better communications to the people through the Harbor Division and moved that Council refer this subject to the Administrative Officer and those affected Departments for their review and recommendations to be returned back to Council as to how the creation of a Harbor Department and Commission would be accomplished and how it would effect current operations. Mayor Dorn then reiterated that it was not the Council's intent to set up any type of "port authority The motion was seconded by Councilwoman Ward. AMENDED MOTION: Councilman Anderson then offered an amended motion, that Council direct staff to look at the creation of a Harbor Commission, and also a Harbor Department and Commission, and compare the benefits vs. the cost involved. Paul Baxter stated that with Mayor Dorn's motion, staff would do just that, and would prepare a comprehensive report to cover all aspects. Councilman Anderson then withdrew his motion. The motion passed by the following roll call vote: AYES: Ward, Anderson, Deutsch, Dorn NOES: None ABSENT: Lemons Paul Baxter stated that a second item had been announced to be discussed, the consideration of a Contract Amendment No. 5 to blaster Agreement with Brown and Caldwell for Step II design of Wastewater Treatment Plant. Councilwoman Deutsch asked if this redesign was because of different phasing of the project. MORRO BAY CITY COUNCIL SPECIAL MEETING - APRIL 5, 1982 Page Four John Bressan stated that the State Water Quality Control Board had recommended this redesign to comply with funding strategy. The redesign would remove part of the secondary treatment process and would place the project under a different funding category. Depending on EPA decisions, the City may or may not have to upgrade at a later date to full secondary treatment. Councilwoman Deutsch asked what the time schedule for this redesign was. John Bressan gave a two month figure, from date of notice to proceed. MOTION: Mayor Dorn moved that Council approve the Amendment No. 5 as submitted and adopt the Resolution authorizing the Mayor to sign Amendment No. 5. The motion was seconded by Councilwoman Ward and carried by the followina roll call vote: AYES: Ward, Anderson, Deutsch, Dorn NOES: None ABSENT: Lemons Gene Koblick stated that in his opinion, the Finance Department was doing an excellent job of collecting overdue and delinquent rentals. MOTION: Mayor Dorn moved that Council adjourn to the next regularly scheduled meeting of April 12, 1982. The motion was seconded by Councilwoman Ward and carried unanimously. The meeting was adjourned at 6:03 p.m. RESPECTFULLY SUBMITTED, Peg chanan Deputy City Clerk 0 MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 22, 1982 RECREATION HALL - 7:30 P.M. Call to Order Pledge of Allegiance - Horace Strong, representing Morro Bay veterans Invocation - Lance Poldberg, Calvary Lutheran Church PRESENTATION OF CALIFORNIA YOUTH AUTHORITY AWARD TO MORRO BAY POLICE DEP A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 Ordinance Amending Title 14 of the Morro Bay Municipal Code, adopting 1981 Edition of the National Electric Code B. UNFINISHED BUSINESS B-1 Utility Billing Reminder Notices (Continued from 3/8/82) B-2 Language Relating to Refuse Collection Service Exemptions for Possible Revised Policy B-3 Adoption of Wording Changes to Proposed Land Use Policy Nos. 7.02 and 7.03 C. NEW BUSINESS C-1 Auditing Services for Harbor Lease Gross Receipts C-2 Correspondence from City of Pittsburg, California, regarding AB699 - Cable TV Litigation C-3 Assignment of Lease Agreement - High Valley Investment to Orval and Agnes Leage C-4 Approval of Harbor Advisory Board recommendation to Restrict Access to City Floating Docks C-5 Request by Harbor Advisory Board for Special Joint Meeting with the City Council on March 25, 1982, at 5:00 p.m. D. CONSENT CALENDAR D-1 Resolution Commending Mayor Barney Schwartz and Councilman Terry Minshull of Paso Robles D-2 City Council minutes of February 8, 1982 (regular meeting), March 1, 1982 (adjourned meeting), and March 11, 1982 (special meeting) D-3 Agreement for Time Limit Extension between City and Sylvester Morning D-4 Proclamation of April as Neighborhood Watch Month D-5 Presentation of "Beaches & Dunes Handbook for the Oregon Coast" to City of Morro Bay D-6 Clean Water and Water Conservation Bond Law of 1978 CITY COUNCIL AGENDA MARCH 22, 1982 PAGE TWO D-7 Award of Bid for PW82-63 (Mower) D-8 Resolution Authorizing Director of Public Works to sign change order on Construction of Ocean Outfall D-9 Budget Preparation Calendar for 1982-83 D-10 Proclamation of April 3, 1982, as "Day of the Child" D-11 Expenditure Report for the City of Morro Bay for the month of February, 1982 E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 22, 1982 RECREATION HALL - 7:30P.M. Mayor Warren M. Dorn called the meeting to order at 7:35 p.m. The Pledge of Allegiance was led by Horace Strong and the invocation was given by Reverent Lance Poldberg of the Calvary Lutheran Church. PRESENT: Rodger J. Anderson Dorotha Deutsch Herminia Ward Warren M. Dorn ABSENT: John Lemons STAFF: Paul Baxter Michael LeSage John Bressan Murrel Crump Gary Napper Al Olson Mary Sanders Gere Sibbach Peggy Buchanan Councilman Councilwoman Councilwoman Mayor Councilman City Administrator City Attorney Director of Public -Services -__ Director of Community Development Administrative Assistant Police Chief Recreation Director Finance Director Deputy City Clerk Mayor Dorn announced that there were several "housekeepping" items he wished to bring before Council and have progress reports from staff, or take action now if possible. The first of these items,(1) is the action taken by the Board of Supervisors at their meeting of 3/22/82 in which they voted unanimously that the lease presently held by the County from the State should be transferred to the City of Morro Bay. Mayor Dorn stated that he was grateful for the help and participation of John Lemons. The Mayor then stated that he has asked John Lemons to head up an advisory board to carry out Council's policies regarding the Golf Course. Mayor Dorn said he hope the public shared in their satisfaction with this project. Item (2) concerned the proposal to use septic tanks a an in -lieu method of beginning construction prior to the sewer moratorium lift. The Mayor requested that staff bring back a staff report and recommendation. Mayor Dorn also spoke concerning the idea of establishing a dual water system (3) using both domestic and salt water. He requested that a progress report be given at an up -coming meeting. Mayor Dorn stated that Marguerite Lieberman had requested that he look into the possibility of having a Farmer's Market (4) to be held in the Young's Market parking lot, to benefit the purchasers and producers of the area. MOTION: Councilwoman Deutsch moved that the Council instruct the Planning Commission to investigate the idea of a Farmer's Market and bring back a recommendation to Council. Motion was seconded by Mayor Dorn Councilman Anderson questioned whether this type of activity would change the City's policy regarding no sidewalk sales. If so, is this the outcome the City desires? Council then discussed what the motion would do, with Mayor Dorn stating that the Planning Commission should provide Council with direction and information to allow the Council to act more quickly on this matter. The motion was carried by the following roll call vote. 0 MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 22, 1982 Page Two AYES: Ward, Anderson, Deutsch, Dorn NOES: None ABSENT: Lemons Mayor Dorn then spoke regarding the graffitti over Highway 1_(z)_and_beautifi`cation along the highway, possible tree planting at a later date, and the Morro Bay High School Wrestling teams willingness to assist in the clean-up. The flayor asked that staff meet with representatives from the State Departments in an effort to clean-up the area. Item (6) concerned a feasibility study of the alternate methods of processing fish and seafood processing wastes, such as by-passinq the sewer treatment plant. The Mayor stated that Crescant City is present involved is just such an effort. MOTION: Mayor Dorn moved that Council instruct staff to pursue this matter and bring a progress report back to Council. The motion was seconded by Councilwoman Deutsch and was carried unanimously. (4-0-1) The Mayor's final "Housekeeping" item was regarding the water allocation initiative, or Measure E. Mayor Dorn stated that he felt that all prospective builders, or those that had projects pending, should be informed as to the consequences that could occur if Measure E passes, that there would be court action and most likely all building would be prohibited. The Mayor suggested that when the City Attorney's analysis of the initiative is finished, perhaps this could be made available to those people. The Mayor requested that staff bring a proposal of such a program back to Council's next meeting. Mayor Dorn stated !hat staff has recommended that item B-2 be continued until April 12, 1982. MOTION: Mayor Dorn moved that item B-2, Language Relating to Refuse Collection Service Exemptions for Possible Revised Policy, be continued until April 12, 1982. The motion was seconded by Councilwoman Deutsch and carried unanimously. PRESENTATION OF CAL AUTHORITY AWARD TO MORRO BAY POLICE DEPARTMENT Paul Baxter stated that the Morro Bay Police Department was to be presented with the California Youth Authority Award for their juvenile program. Mr. Phil York of the California Youth Authority was present and stated that this award is given to selected cities with law enforcement agencies providing juvenile programs of a special nature, usually in conjunction with the local Parks and Recreation Departments, or schools. Mr. York stated that the Morro Bay Police Department had a "fine, progressive" youth program, and congratulated Chief Olsen and presented him with the award. Chief Olson accepted the CYA award for the City of Morro Bay Police Department and gave his thanks to the City Council, City Administrator, Recreation Department and local schools. Chief Olson stated that he would especially like to recognize Officer Joe Regan for the outstanding job he was doing. MORRO BAY CITY COUNCIL • REGULAR MEETING - MARCH 22, 1982 Page Three Officer Regan offered his thanks to Chief Olson and the Council. Councilwoman Ward stated that she felt Mary Sanders, Recreation Director, should be especially recognized for her many contributions to this program. A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 ORDINANCE AMENDING TITLE 14, OF THE MORRO BAY MUNICIPAL CODE, ADOPTING 1981 Paul Baxter reviewed the Ordinance, which would update the National Election Code by adopting the 1981 edition. for. Baxter stated that this edition of the code would automatically go into effect if Council failed to adopt it within the specified 1 year time period, however, staff recommends adoption to avoid confusion. Mayor Dorn opened the Public Hearing. There were no comments. MOTION: Councilwoman Ward moved that the Public Hearing be closed and that Council read Ordinance Amending Title 14 of the Municipal Code by title only. Motion was seconded by Councilman Anderson and carried unanimously. (4-0-1) Paul Baxter read "An Ordinance Amending Title 14 of the Morro Bay Municipal Code, Adopting the 1981 Edition of the National Electric Code". MOTION: Councilwoman Deutsch moved that Council approve the Ordinance as read by Title only, and adopt it for its first reading. The motion was seconded by Councilwoman Ward and carried by the following roll call vote: AYES: Ward, Anderson, Deutsch, Dorn NOES: None ABSENT: Lemons B. UNFINISHED BUSINESS B-1 UTILITY BILLING REMINDER NOTICES (Continued from 3/8/82) Paul Baxter requested that the Finance Director give the staff report. Gere Sibbach, Finance Director, stated that this matter was back before Council at their request, and that he was recommending one of three choices concerning reminder notices. Mr. Sibbach reviewed his recommendations with Council and stated that to send an additional notice prior to the penalty being attached would cost approximately $925.00 a fiscal year. Councilwoman Ward asked the cost of placing a reminder in with the penalty bill and providing for a "grace period". Mr. Sibbach stated that this would create numerous computer and bookkeepping problems. MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 22, 1982 Page Four There was additional discussion regarding how these reminder notices would be prepared. Mr. Lee Schultz, who had appeared that the last Council meeting with a complaint regarding the lack of reminder notices, stated that this solution seemed to be satisfactory to him. MOTION: Mayor Dorn moved that Council adopt the staff recommendation number 2 to send an additional open postcard notice, and transfer $250 from contingencies for the additional cost and remainder of the fiscal year. The motion was seconded by Councilwoman Ward and carried by the following roll call vote: AYES: Ward, Anderson, Deutsch, Dorn NOES: None ABSENT: Lemons B-2 LANGUAGE RELATING TO REFUSE COLLECTION SERVICE EXEMPTIONS FOR POSSIBLE REVISED This item was continued to the regular meeting of April 12, 1982. B-3 ADOPTION OF WORDING CHANGES TO PROPOSED LAND USE POLICY NOS. 7.02 and 7.03 Murrel Crump stated that although both he and the City Attorney had the reviewed the proposed changes, they had not had the opportunity to meet together and discuss this item, and so recommended that this matter be continued until the April 12th meeting date. C. NEW BUSINESS C-1 AUDITING SERVICES FOR HARBOR LEASE GROSS RECEIPTS Paul Baxter reviewed the staff recommendation, and stated that the Finance Director is requesting authorization to solicit hourly rate proposals from auditing firms for work relating to the audits of harbor gross receipts, and is also requesting that this information be included in the proposed 1982-83 Budget. MOTION: Councilwoman Deutsch moved that Council approve the staff recommendation and authorize the Finance Director to solicit hourly rate proposals from auditing firms for work relating to audits of harbor gross receipts and that such information be included in the proposed 1982-83 Budget. The motion was seconded by Mayor Dorn and passed by the following roll call vote: AYES: Ward, Deutsch, Dorn NOES: None ABSTAIN: Anderson ABSENT: Lemons MORRO BAY CITY COUNCIL • • REGULAR MEETING - MARCH 22, 1982 Page Five C-2 CORRESPONDENCE FROM CITY OF PITTSBURG, CALIFORNIA, REGARDING AB699 - CABLE TV Paul Baxter stated that he had received correspondence from the City of Pittsburg, requesting that Morro Bay join in the litigation against the State of California, challenging the validity of legislation which purported to deregulate the Cable TV industry. The City's contribution, should they choose to join with the City of Pittsburg, would be $250.00. Councilwoman Deutsch thought this was an excellent opportunity and approved of the expenditure. MOTION: Councilwoman Deutsch moved that Council authorize the expenditure of $250.00 from the City Administrator's budget, as the City's contribution towards litigation concerning AB699, Cable TV deregulation. The motion was seconded by Mayor Dorn, and carried by the following roll call vote: AYES: Ward, Anderson, Deutsch, Dorn NOES: None ABSENT: Lemons C-3 ASSIGNMENT OF LEASE AGREEMENT - HIGH VALLEY INVESTMENT TO ORVAL AND AGNES LEAGE Paul Baxter reviewed the history of the lease, noting that Mr. Leage had been the lessee prior to High Valley Investment, and had been a responsible tenant. High Valley Investment has encountered financial difficulties and Mr. Leage, in his agreement of transfer with High Valley, had a provision whereby if such insolvency occurred, the water leases would be returned to him. Mr. Leage has agreed to assume the back debt owed by High Valley as a condition of the lease. Councilwoman Deutsch stated her feeling that any back payments owed by High Valley should be paid by Mr. Leage upon assumption of the lease. Mr. Baxter concurred, and stated that Mr. Leage was also in full agreement. Mike LeSage noted that the City has the opportunity to take a closer look at this lease, and to make necessary revisions. Mayor Dorn felt that the prospective lessee should be informed of the zone change of the adjoining land area. MOTION: Councilwoman Deutsch moved that Council direct staff to prepare the Lease Assignment document and review the current lease language for necessary revisions, for Council's review. The motion was seconded by Councilwoman Ward, and passed by the following roll call vote: AYES: Ward, Deutsch, Dorn, Anderson NOES: None ABSENT: Lemons MORRO BAY CITY COUNCIL • REGULAR MEETING - MARCH 22, Page Six �••CI 1 Mon. 1982 ISORY • TION TO RESTRICT ACCESS T1 ITY Paul Baxter informed Council that the Harbor Advisory Board, at the meeting of February 1982, had unanimously agreed that access to all City Floating Docks should be restricted to the general public as a means of providing better security to the boats utilizing the docks. The City Attorney has reviewed this matter and has determined that it would not be in violation of the Tidelands Trust. Councilwoman Deutsch asked if this would also restrict public fishing from the docks. John Bressan stated that yes it would restrict fishing from these areas, however, there was adequate shoreline access for fishing, as well as other dock areas such as the north and so•T-Piers. MOTION: Councilwoman Ward moved that Council approve the Harbor Advisory Board policy and authorize staff to erect necessary barriers and signs restricting public access from all City Floating Docks, utilizing existing budget funds for dock maintenance and repair. C-5 REQUEST BY HARBOR ADVISORY BOARD FOR SPECIAL JOINT MEETING WITH THE CITY COUNCIL ON MARCH 25, 1982, at 5:00 F.M. Paul Baxter informed Council that the Harbor Advisory Board has requested a joint meeting with City Council to discuss the feasibility of creating a Harbor District. Mr. Baxter stated that there was a member of the Harbor Advisory Board present to answer any questions regarding a meeting date. The Council discussed the proposed meeting, and agreed that it would be a good idea, however several Council members were unavailable on that date. Cliff Smith, of the Harbor Advisory Board, was present, and stated that he would be glad to work out the details of this meeting with Council at their convenience. Mayor Dorn stated that he would ask Councilman Anderson to arrange a meeting date and time, and then would call a special meeting of the City Council for that purpose. D. CONSENT CALENDAR D-1 RESOLUTION COMI'•IENDING MAYOR BARNEY SCHWARTZ AND COUNCILMAN TERRY MINSHULL OF PASO ROBLES Paul Baxter stated that this Resolution was to commend Mayor Barney Schwartz and Councilman Terry Minshull, upon their retirement from public service, and recommended that Council adopt the Resolutions as submitted. D-2 CITY COUNCIL M ETING), MARCH 1, 1982 Mr. Baxter recommended that subject to any changes, Council adopt the Council minutes as submitted. MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 22, 1982 Page Seven D-3 AGREEMENT FOR TIME LIMIT EXTENSION BETWEEN THE CITY AND SYLVESTER MORNING Paul Baxter stated that pursuant to an agreement between the City and Mr. Morning reached at a previous Council meeting, the time limit extension document as submitted would allow for a suspension of 90 days of the Environmental Report required for the VRM project. Staff recommends that Council approve the agreement and authorize the Mayor to sign on behalf of the City. D-4 PROCLAMATION OF APRIL AS NEIGHBORHOOD WATCH MONTH Mr. Baxter explained that the Proclamation had been submitted by the Attorney General's office, and since the City has a viable and successful neighborhood watch program, recommended adoption of the proclamation as submitted. D-5 PRESENTATION OF "BEACHES & DUNES HANDBOOK FOR THE OREGON COAST" TO THE CITY nF MnDpn Rav Paul Baxter informed Council that the above named book had been presented to the City by the contractor who supplied beach grass for the Dunes Stabilization Project, and recommended that Council accept the handbook and request staff to send Mr. Ternynik a letter of appreciation in response. D-6 CLEAN WATER AND WATER CONSERVATION BOND LAW OF 1978 Mr. Baxter recommended that Council authorize the Public Works Department to budget $2,200 for Fiscal year 1982-83, to implement a water conservation program as identified by the Department of Water Resources. D-7 AWARD OF BID FOR PW82-63 (MOWER) Paul Baxter stated that bids for a heavy duty riding mower had been received, and staff is recommending that Council approve the bid of B. Heiman Co. of Santa Fe Springs, California, in the amount of $6,053.87, and adopt the Resolution which would establish record of Council's action, as submitted. D-8 RESOLUTION AUTHORIZING DIRECTOR OF PUBLIC WORKS TO SIGN CHANGE ORDER I rnNCTR11rTTnN nF nr CAN niiTrA1 I Paul Baxter recommended that Council approve the Resolution which would authorize the Director of Public Works to comply with EPA Guidelines concerning change orders. D-9 BUDGET PREPARATION CALENDAR FOR 1982-83 Mr. Baxter stated that the Finance Director has prepared the Budget Preparation Calendar for 1982-83, and recommends that Council approve the Calendar. D-10 PROCLAMATION OF APRIL 3, 1982, AS "DAY OF THE CHILD" Paul Baxter recommended that Council authorize the Mayor to proclaim April 3, 1982, as "Day of the Child" in conjunction with the statewide and national programs. 4 0 MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 22, 1982 Page Eight D-11 EXPENDITURE REPORT FOR THE CITY OF MORRO BAY FOR FEBRUARY, 1982 Mr. Baxter stated that the Finance Director had prepared the expenditure report for the month of February, 1982, and is recommending approval as submitted. D-12 RESOLUTION APPROVING PURCHASE OF TWO POLICE VEHICLES Mr. Baxter stated that this was an added item, and that Police Chief Al Olson. had submitted a request to purchase two police vehicles from the State of California at a substantial savings. Mr. Olson's report stated that two of the City's police vehicles had surpassed the life -expectancy of a law - enforcement vehicle, and that if the City does not purchase now, we will have to wait until next January to order. Mr. Baxter recommended that Council authorize the Police Chief to order two new patrol vehicles through the state, prior to budget adoption in June or July, and to adopt the attached resolution authorizing the state to purchase the vehicles. Councilman Anderson questioned the need for two vehicles this year, and asked if the City could wait to purchase the second vehicle next year. Chief Olson stated that with the age and mileage of both vehicles, it could pose a safety hazard to operate them much longer, and the cost would save approximately $2,000 per vehicle over local bids. The total amount of the request would be not to exceed $18,300.00 Councilwoman Ward requested clarification regarding Consent Calendar Item D-11, the payment of $6,000 to Morro Bay Garbage. Mr. Sibbach stated that this amount was a portion of what the City collected during that month for garbage service. Councilman Anderson brought up Consent item D-7, the Award of Bid for the mower, and noted that with the on -going negotiations regarding the Golf Course, might it not be prudent to wait and see what equipment would be available there, and delay purchase of the mower. Mr. Bressan stated that there was a need for the mower now, and there was probably no chance of using the Counties equipment. Paul Baxter agreed, and also noted that it might be some time before the actual physical transfer of the golf course took place. MOTION: Councilwoman Deutsch moved that the Council approve the Consent Calendar as submitted. The motion was seconded by Councilwoman Ward and carried by the following roll call vote: AYES: Ward, Anderson, Deutsch, Dorn NOES: [lone ABSENT: Lemons 4 '0 MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 22, 1982 Page Nine Paul Baxter requested that the Council adjourn to a closed session regarding possible Tidelands Park litigation settlement. Council adjourned to Closed Session at 9:00 p.m. Council reconvened to open session at 9:07 p.m. MOTION: Councilwoman Deutsch moved that Council adjourn to the next regularly scheduled meeting. This was seconded by Councilwoman Ward, and passed unanimously. The meeting was adjourned at 9:08 p.m. RESPECTFULLY SUBMITTED, PegqX�a na n Deputy City Clerk i • MORRO BAY CITY COUNCIL SPECIAL MEETING - MARCH 18, 1982 CONFERENCE ROOM - 4:00 P.M. Mayor ProTem Lemons called the meeting to order at 4:00 p.m. PRESENT: Rodger Anderson Councilman John Lemons Mayor ProTem Herminia Ward Councilwoman ABSENT: Dorotha Deutsch Councilwoman Warren M. Dorn Mayor (Arrived at 4:10 p.m.) STAFF: Paul Baxter Michael LeSage Murrel Crump Peggy Buchanan City Administrator City Attorney Community Development Director Deputy City Clerk Paul Baxter restated the purpose of the special meeting, to designate persons to prepare a ballot argument against the Initiative Petition Establishing Water Allocation Procedures and to discuss related matters regarding Superior Court ruling on the initiative. Mayor ProTem Lemons stated that he felt no additional discussion regarding the court decision was necessary. Councilwoman Ward agreed, stating that Council should now place the initiative on the ballot. Mayor ProTem Lemons stated that according to the Elections Code, Council is authorize to designate persons to prepare the argument, and in the interest of time, stated that he and Councilman Anderson had prepared an argument against Measure E. MOTION: Mayor ProTem Lemons moved that Council designate Councilman Anderson and himself as authors of the ballot argument against Measure E. The motion was seconded by Councilwoman Ward, and carried unanimously. (4-0-1) Mayor ProTem Lemons then noted that as stated in the Elections Code, Council could request the City Attorney to prepare an impartial analysis of the legal effects of the proposed ordinance, to be submitted within 1G days. Paul Baxter referred to Elections Code Section 5011, which allows the City Attorney to prepare this analysis. Mr. Baxter stated that the deadline would be March 29th. Mayor Warren Dorn arrived at 4:10 p.m. The Mayor was advised of the motion and cast his vote in favor of designating Councilman Anderson and Mayor ProTem Lemons as co-authors of the ballot argument. Mayor Dorn asked when the rebuttal period would end. Mr. LeSage stated that the rebuttal period was 10 days, and would end at 5:00 p.m. on March 29, 1982. However, Mr. LeSage also noted that if both the sides would submit their rebuttals at an earlier date, simultaneously, this could allow for more time should a challenge arrise to either rebuttal. MO RRO BAY CITY COUNCIL • 0 SPECIAL MEETING - MARCH 18, 1982 Page Two Mayor ProTem Lemons confirmed with Mr. Le Sage that rebuttals must be prepared by the same persons who prepared the arguments. There was additional discussion regarding the City Attorney's preparation of an impartial analysis of the initiative. Mr. Peter Diffley stated that many questions might be cleared up after the argument in favor of the initiative is read by Council. The Deputy City Clerk then received the argument against Measure E. Paul Baxter stated that after the meeting was adjourned, copies of both the arguments would be available for public review. MOTION: Mayor Dorn moved that Council instruct the City Attorney to prepare an impartial analysis, according to Section 5011 of the Elections Code. Motion was seconded by Councilwoman Ward and carried unanimously. (4-0-1) Mayor Dorn stated that the public should have the right to know what they were voting on, the fact sheet, or the real initiative. There was discussion regarding other items for Council's review. Mayor ProTem Lemons reiterated that he felt no further discussion of the court ruling was necessary. Mayor Dorn stated that he was happy to hear comments from the Superior Court as to the possible invalidity of the initiative. MOTION: Councilman Anderson moved that the meeting be adjourned to the regular meeting of March 22, 1982. Motion was seconded by Councilwoman Ward, and passed unanimously. (4-0-1) The meeting was adjourned at 4:20 p.m. RESPLG.TFULLY S BMITTED, PEGGY-BUCHANAN DEPUTY CITY CLERK MORRO BAY CITY COUNCIL SPECIAL MEETING - MARCH 1.1982 rn Recreation Hall - 5:00 p.m. J The meeting was called to order at 5:10 p.m. by Mayor Warren M. Dorn. PRESENT: Rodger Anderson Dorotha Deutsch John Lemons Herminia Ward Warren M. Dorn STAFF: Paul Baxter Michael LeSage Murrel Crump Peggy Buchanan Councilman Councilwoman Councilman Councilwoman Mayor City Administrator City Attorney CommunityDevelopment Director Deputy City Clerk A. "INITIATIVE PETITION ESTABLISHING WATER ALLOCATION PROCEDURES" Mayor Warren Dorn spoke briefly of his many concerns regarding the initiative petition, and stated that at his instruction staff had developed a Resolution to address many of the concerns that he felt both the City and those citizens involved in the petition were interested in. Mayor Dorn stated that in his opinion this proposed ordinance would create such legal problems that would in effect serve to stop any water allocation process completely. The Mayor also emphasized that regardless of the City's position on the initiative, this proposed ordinance was preempted by the Coastal Commission, who maintains the authority over Morro Bay's water allocation. Mayor Dorn then asked Paul Baxter, City Administrator, to read the Resolution as drafted by staff. Paul Baxter read the proposed Resolution. Mr. Baxter then noted for information purposes, that the Coastal Commission had been requested to continue the Public Hearing on Morro Bay's Local Coastal Plan until April loth, and that the Coastal Commission had agreed to this request. MOTION: Mayor Warren M. Dorn moved that the City Council adopt the Resolution as read by the City Administrator, A Resolution Adopting and Aprpoving Revisions to the Local Coastal Proo_ram Proposed Land Use Plan concerning Allocation of Water Gained through Loss Recovery, and that the Council authorize the Mayor to sign on behalf of the City. The motion was seconded by Councilwoman Deutsch. City Attorney Michael LeSage explained that this initative petition had been presented to him as well as staff only shortly before the last Regular City Council Meeting, and therefore, he had not had sufficient time to prepare an in-depth report. However, in recent days, additional information had been gathered which supported his previous opinion that the Coastal Commission did preempt the City's authority to allocate water. Mr. LeSage stated that notice from the Coastal Commission had been received, stating that the additional 18 applications would be allowed subject to several conditions, including that Morro Bay revise its water recovery and allocation model, and that whenever a project is approved that a finding of consistency with the Coastal Act be made. Mr. LeSage indicated that in his opinion, a clear preemption of City authority existed with the Coastal Commission. The City Attorney restated the several MORRO BAY CITY COUNCIL • 0 SPECIAL MEETING - MARCH 11, 1982 Page Two options that the Court could take regarding this initiative petition. These include: ordering the City to place the initative on the ballot for a vote, and considering the validity of the initiative or statina that it is an administrative action. Mike LeSage then stated that if Council proceeded to adopt the proposed Resolution as read by the City Administrator, this would in affect be a request to the Coastal Commission to adopt the City Council's recommendation of 80% of the 200 acre feet of water recovered to residential and 20% to commercial and industrial. Mr. LeSage also noted that since this is inconsistent with the Coastal Act, it would be very - unlikely that the Coastal Commission would agree to it. Mayor Dorn again stated that he had been unable to find a legal opinion that did not agree with the fact that the Coastal Commission had preempted Morro Bay's authority to allocate water. Councilwoman Herminia Ward questioned the adoption of the Resolution, and whether the Coastal Commission would consider the request. Councilwoman Ward asked what the result of this action would be. Mike LeSage stated that if the Coastal Commission did not favorably consider this request, the water allocation recovery model as approved by them earlier, would remain in effect. Councilwoman Ward also questioned the original reason for the Filer decision. Mr. LeSage stated that inadequate water to serve the community had been the reasoning behind the Filer decision, and that at the time of the decision, only pipeline projects had been approved. Councilwoman Ward wondered if the Filer decision had not been due to the method of growth (mainly residential) that left little water for commercial/industrial uses. Mr. LeSage concurred that this might have been part of the reason. Councilman Lemons asked Mr. LeSage if adopting this proposed Resolution would in any way negate the decision of the Coastal Commission in Santa Barbara. Mr. LeSage replied that it would not, that it was just a request for a revision in the Plan. The Mayor asked for comments from the audience. Nancy Chennault, 2290 Ironwood, stated that as a new resident of Morro Bay she had signed the initiative petition, but felt that in some ways it had been misrepresented to her and requested that her name be stricken from the petition. City Administrator Paul Baxter informed Ms. Chennault that a written request would be required to remove her name from the petition. Mr. Gianinni stated that charges of misrepresentation and other such practices were unfounded and suggested that Council have proof of such charges before making accusations. Ms. Chennault then stated that she would sign an affidavit stating that she was mislead and given false information. MORRO BAY CITY COUNCIL SPECIAL MEETING - MARCH ll,`1982 Page Three Mr. Jim Ross also stated that he felt he could present several other citizen's who would also sign such affidavits of misrepresentation. Mr. Rosen, a Morro Bay resident, noted that he had been told 5,000 vehicles would be generated by the VRM project, and the petition would prevent this. Mr. Rosen stated he did not sign the petition. Grace Melton, P.O. Box 451, felt the petition was misleading, ill-conceived and urged the Council to follow its present course in not letting this petition go before the voters. Wendy Calmes of Morro Bay felt that the major problem was the City's inability to deal with a "big brother" Coastal Commission, and stated that the City should attempt to develop a plan the Coastal Commission will accept. Councilman Lemons explained that he had been excused from the last Council meeting, but felt strongly that the petition was misleading, and contrary to the "fact sheet" that was circulated by the group. Councilman Lemons concurred with the Council's action at the last meeting. MOTION: With no further discussion, the motion was carried by the following, roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Dorn NOES: None ABSTAIN: None ABSENT: None Mike LeSage stated that Council should authorize staff to proceed with placing the initiative on the ballot should the Court order it. MOTION: Councilman Lemons moved that Council authorize staff to proceed with placing the initiative on the ballot should the Court so order. The motion was seconded by Councilwoman Deutsch and carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Dorn NOES: None ABSTAIN: None ABSENT: None Murrel Crump stated that due to the impending litigation over the initiative petition, staff would not have sufficient time to prepare for the Coastal Commission Hearing scheduled for March 17th and so had requested the Commission to delay the Hearing until the April 20th meeting. Ray Gallo noted that while he appreciated the position of City staff in dealing with the time problem, he felt that a delay would only serve to strengthen the Coastal Commissions decision to deny the plan, and suggested that the City go forward with the March 17th meeting. Murrel Crump said he felt the delay would allow staff the time to be better prepared for a substantial issue discussion on April 20. MORRO BAY CITY COUNCIL 4 0 Regular Meeting - March 8, 1982 Recreation Hall - 7:30 p.m. Call to Order Pledge of Allegiance - Horace Strong, representing all veterans Invocation - H.W. Hause, Gold Coast Church of God INTRODUCTION OF MORRO BAY POLICE EXPLORERS TO COUNCIL A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 Report Relating to Final Adoption of the Refuse Franchise Agreement (continued) A-2 Appeal by Richard Haidet to Planning Commission decision, allowing one year extension to 72 unit condominium project at Piney Way and Main Street B. UNFINISHED BUSINESS B-1 Consideration of Resolution to Litigation with the Fish Shanty B-2 Adoption of Wording Change to Proposed Land Use Plan Policy Nos. 7.02 and 7.03 C. NEW BUSINESS C-1 Consideration of Harbor Policy Regarding Boat Slip Displacement C-2 Consideration of a Feasibility Study for Alternate Plethods of Waste Water Disposal C-3 Consideration of Expansion of Morro Bay Senior Citizens Center C-4 Correspondence from Morro Bay Beautiful Proposing Augmentation to Annual City Clean-up Week C-5 Correspondence from City of Santa Paula regarding attendance at Channel Counties Division Meetings C-6 Certification of Initiative Petition Establishing Water Allocation Procedures D. CONSENT CALENDAR D-1 Approval of Minutes for Adjourned Council Meeting of February 9, 1982 D-2 Chamber of Commerce Expenditure Report for the Month of February, 1982 D-3 Consultant Contract with Becker and Bell for Employer/Employee Relations D-4 Refuse Franchise Board Minutes for February 1982 E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MORRO BAY CITY COUNCIL 1 0 0-3 REGULAR MEETING - MARCH 8, 1982 RECREATION HALL - 7:30 p.m. Mayor Warren Dorn opened the meeting at 7:30 p.m. The Pledge of Allegiance was led by Horace Strong, representing Morro Bay veterans. Father Harold Speetzen of St. Timothy's Catholic Church gave the invocation. PRESENT: Rodger Anderson Dorotha Deutsch Herminia Ward Warren M. Dorn ABSENT: John Lemons STAFF: Paul Baxter Michael LeSage John Bressan Murrel Crump Gary Napper George Rubaloff Gere Sibbach Al Olson Peggy Buchanan INTRODUCTION OF POLICE EXPLORERS Councilman Councilwoman Councilwoman Mayor Councilman (excused by Council) City Administrator City Attorney Director of Public Services Director of Community Development Administrative Assistant Administrative Assistant Finance Director Police Chief Deputy City Clerk Police Chief Al Olson gave a brief history of the Police Explorers program, and noted that the program had been operating less than one year and at no cost to the City, but through donations from the community. Chief Olson stated that the Explorers had assisted the Department in such activities as the recent homicide, search and rescue operations, traffic direction and other similar functions. He informed Council that at a recent 4-day academy held in Orange County, one Explorer, Derek Rector, came away with top academic honors. Chief Olson also noted that the entire group did very well at the academy. Chief Olson stated that several men were primarily responsible for the groups success, and introduced Investigator Jim Miller and Officer Manuel Silva, who were present. Officer Silva then introduced each member of the Police Explorers individually, and they are as follows: John Melton, Scott Huse, Susan Novoa, Peg Johnston, Tawny Hess, Kim Ashman and Derek Rector. Councilwoman Ward congratulated Chief Olson, Officer Joe Regan and the Police Department on their recent award from the California Youth Authority for their juvenile program in Morro Bay. Mayor Dorn then called a brief recess, so Councilmembers could congratulate the members of the Police Explorers and meet them individually. The meeting recessed at 7:45 p.m. The meeting was reconvened at 7:50 p.m. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 REPORT RELATING TO THE FINAL ADOPTION OF THE REFUSE FRANCHISE AGREEMENT (continued) Paul Baxter stated that the City Council had approved the Refuse Franchise Agreement MORRO BAY CITY COUNCIL 8 0 REGULAR MEETING - MARCH 8, 1982 Page Two on December 14, 1981, and since that date, several changes in the contract language have been proposed by the garbage company and the City. These changes have been reviewed by legal staff and are now before Council for their review and adoption. Mr. Baxter stated that staff recommends that Council adopt the revised Refuse Franchise Agreement and Resolution that rescinds prior enacting Resolution No. 114-81., and also adopt the Resolution establishing rates and definitions for mandatory refuse collection as amended. Mr. George Rubaloff and Mr. John Bressan were both present to answer questions. Mayor Dorn asked Mr. Bressan whether this was a non-exclusive contract. Mr. Bressan stated that it was. City Attorney Mike LeSage stated that a non-exclusive contract was allowed by law and that he was recommending this type of contract. Mayor Dorn then addressed the question of exemptions to mandatory service, and cited several cases where the residents claimed they did not need garbage service. The Mayor asked if these people should be required to pay for service that they did not need. He also asked if a delinquent penalty can be assessed without a "warning" notice that the bill is overdue. George Rubaloff stated that the Ordinance as it is now written contains no provision for exclusions from mandatory service, and as such, no exclusions can be given unless the Ordinance is revised. Mayor Dorn then stated that it was his feeling that this Ordiance should be revised to provide some type of exclusion for those who can prove that they are not in need of mandatory refuse service. Councilwoman Deutsch agreed, provided the exclusion was at the ruling of the Refuse Franchise Board. Councilman Anderson asked Mike LeSage how this was handled in other areas, such as Paso Robles. Mr. LeSage said he was not aware of how this was dealt with, however it would be very possible for Council to revise the existing Ordinance to provide language for this purpose. There was a general discussion regarding the need for refuse service, and the possibility of a change in the language of the Ordinance to provide for exclusions. The Mayor then opened the Public Hearing. Mary Phillips spoke regarding the present Refuse Agreement. She stated that she was against the term "hardship" and explained that she recycled all her garbage and did not need refuse service. She objected to the minimum garbage charge, and also to the City placing delinquent charges or a property lien for delinquent bills. Ms. Phillips stated she felt this was a violation of her rights. Mayor Dorn acknowledged her situation and requested that the Refuse Franchise Board investigate her case. Howard Gaines spoke in opposition to the non-exclusive agreement and gave the recent Boulder Court case as his reason. MORRO BAY CITY COUNCIL 8 • REGULAR MEETING - MARCH 8, 1982 Page Three Mayor Dorn stated that it was Council's desire to have a non-exclusive contract as recommended by staff and the City Attorney. Howard Gaines asked how the City would protect against unnecessary rate increases. Mayor Dorn stated that Morro Bay had the cheapest rate in the area presently and any rate increases would have to be approved by Council. Mr. Gaines also felt that it was the City's responsibility to see that all the garbage was picked up, regardless of whether the bills were paid or not, and that leaving garbage on the curb when a customer has not paid his bill creates a health problem. Councilwoman Ward stated that the garbage company will pick up one can but that anything over that is not mandatory, and the can is tagged showing that the service is delinquent. Mr. Gaines also felt that any rate increases should be subject to review and public hearing and examination by a certified public accountant. MOTION: Councilman Anderson moved that the Public Hearing be closed. The motion was seconded by Councilwoman Deutsch and carried unanimously. (4-0-1) Councilwoman Deutsch asked Mr. LeSage how the revision should be handled. Mr. LeSage said Council should request that staff revise the language of the Ordinance and bring it back for Council's review. Councilman Anderson stated that he would like to have the Refuse Franchise Board involved in the language revisions. Councilwoman Deutsch asked whether the contract could be approved prior to the Ordinance revision. Mr. LeSage answered in the affirmative. MOTION: Councilwoman Deutsch moved that Council adopt the revised Refuse Franchise Agreement and Resolution that recinds prior enacting Resolution No. 114-81, and that Council also adopt the Resolution establishing rates and definitions for mandatory refuse collection as amended and that the Mayor be authorized to sign all documents on behalf of the City, and that staff be directed to bring back language revisions regarding exclusions to mandatory service, along with a recommendation from the Refuse Franchise Board. The motion was seconded by Councilman Anderson and carried by the following roll call vote: AYES: Ward, Anderson, Deutsch, Dorn NOES: None ABSENT: Lemons A-2 APPEAL BY RICHARD HAIDET TO PLANNING COMMISSION DECISION, ALLOWING ONE YEAR EXTENSION TO 72 UNIT CONDOMINIUM PROJECT AT PINEY WAY AND MAIN STREET Paul Baxter reviewed the project, and stated that an appeal to the extension of the condominium project commonly known as the Stocking property had been filed on MORRO BAY CITY COUNCIL 8 • REGULAR MEETING - MARCH 8, 1982 Page Four February 8, 1982. Mr. Baxter asked Murrel Crump, Community Development Director to provide additional information. Mr. Crump gave a brief review of the case, and stated that the project has been granted its use permit, and tentative map and the if the City does not grant the time extension, and the project dies, that those water allocations will also "die", and will not be available for anyones use. Mr. Crump felt that there was no purpose in denying this time extension, as the extension request was valid and the project would most likely die if the extension is not granted. Mayor Dorn asked if there were any changes being proposed. Mr. Crump replied no, simply a time extension of the original project. Mayor Dorn then opened the public hearing. Mr. Richard Haidet read a statement regarding the Planning Commission meeting of February 2, 1982, and stated that he had tried to persuade the Commission to turn down the extension. Mr. Haidet also reviewed the history of this project. He asked Council to reject the extension and transfer those water equivalencies to another project. Mr. LeSage stated that those water equivalencies had only been granted in the first place because the project was in the pipeline, and that they could not be reassigned. Mr. Bruce Risley spoke regarding the project, and felt that the extension should not be granted because the project has not proceeded during the last two years. Mr. Risley contended that Council should go before the Coastal Commission and request that these water equivalencies be reassigned. Robert Lane stated that the project had a vested right and that they have been issued all necessary permit and are ready to begin construction. Mr. Crump stated that the only remaining permit the project needs is their building permit, which is a relatively quick procedure. Jim Ross stated there was a moral issued involved here, and said that he believed there was "trafficing" being done in the water equivalencies for this project, in that stock was being sold. Mr. Ross felt the project should not be granted a time extension, even if it meant that the project would not be completed. Grace Melton stated that she felt the Planning Commission had acted in a responsible manner in granting the time extension, since it was her understanding that the Coastal Commission would not reassign the water equivalencies. Richard Scott, representing the Stocking property stated that it is anticipated that the project will be developed in a timely manner. MOTION: Councilwoman Ward moved that the Public Hearing be closed. The motion was seconded by Councilman Anderson and carried unanimously. (4-0-1) Councilwoman Deutsch asked the status of the project. Mr. Crump stated that the Coastal Development permit, the use permit and the tentative map have all been MORRO BAY CITY REGULAR MEETING Page Five COUNCIL 8 • - MARCH 8, 1982 granted, and that the building permit phase was the only one remaining, and he described this as a relatively short process. It was reiterated again by Council that the water equivalencies allocated to this project cannot be reassigned to any other project. MOTION: Councilman Anderson moved that Council uphold the Planning Commission to grant a Time Extension to the 72 unit condominium project at Piney Way and Main Street, and to deny the appeal by Richard Haidet. The motion was seconded by Councilwoman Ward, and carried by the following roll call vote: AYES: Ward, Anderson, Deutsch, Dorn NOES: None ABSENT: Lemons UNFINISHED BUSINESS B-1 CONSIDERATION OF RESOLUTION TO LITIGATION WITH THE FISH SHANTY (Councilman Anderson stepped down and did not participate in discussion or vote) Mr. Baxter reviewed his recommendation to Council regarding this matter, and explained that a solution had been arrived at by both parties, and recommended that Council approve the findings as stated in the report, and further agree to approve a stipulated judgement when prepared and submitted for their consideration. Councilwoman Deutsch objected to the whole situation, and stated she felt that this gave license to the lessee to go ahead and do whatever they wished, and then file a lawsuit. Mr. Le Sage noted that Council could have most likely approved this change in the lease anyway. MOTION: Mayor Dorn moved that Council approve the findings as stated in the staff report, that: 1) that the uses and improvements pursuant to Permit No. CUP 21-81 as approved by the Morro Bay Planning Commission be found to be consistent with the terms of the master lease for Lease Sites 134, 135 and 136 and are permitted by the provisions of the Morro Bay Municipal Code; 2) that Council agree to the sale of beer and wine on Lease Sites 134, 135 and 136 and that such sale is subject to the regulatory authority of the California Department of Alcoholic Beverage Control;and 3) that each party will pay its own attorney fees and costs and that petitioners shall not recover any damages, and further agree to approve the stipulated judaement when it has been prepared and submitted to Council for consideration. The motion was seconded by Councilwoman Ward and carried by the following roll call vote: AYES: Ward, Deutsch, Dorn NOES: None ABSENT: Lemons ABSTAIN: Anderson MORRO BAY CITY COUNCIL 8 • REGULAR MEETING - MARCH 8, 1982 Page Six Councilman Anderson resumed his seat. B-2 ADOPTION OF WORDING CHANGES TO PROPOSED LAND USE PLAN POLICY NOS. 7.02 AND 7.03 Paul Baxter briefly reviewed the proposed changes in wording, and recommended that Council approve these revisions. Mr. LeSage then asked if this matter could be continued so that he might comment on the changes. This matter was postponed until the regular meeting of March 22, 1982, with no objections. C. NEW BUSINESS C-1 CONSIDERATION OF HARBOR POLICY REGARDING BOAT SLIP DISPLACEMENT Paul Baxter stated that this matter was being brouqht before Council at their request, for discussion and direction to staff. Mr. Baxter stated that as Councilman Lemons had an interest in this matter, this item might be continued until the meeting of March 22nd, to allow Mr. Lemons to comment. Mr. LeSage stated that the question as he understood it was whether a person who is deprived of a boat slip should be allowed to at least have a mooring spot. Mr. Bressan stated that current policies made it impossible to provide for this, and it would mean a complete reworking of the moorinq policy. Mayor Dorn suggested that this matter be referred to staff and the Harbor Advisory Board for their consideration and recommendation to Council. Councilwoman Deutsch asked Mr. Bressan where those boats would no if not able to have a slip or mooring. Mr. Bressan stated that there were berths available, but they were not City berths, and might be higher priced. C-2 CONSIDERATION OF A FEASIBILITY STUDY FOR ALTERNATE METHODS OF WASTE WATER. nrcpncni Paul Baxter stated that this matter had been brought before Council tonight at their request. The Mayor had submitted a letter to the Planning Commission, and it included his recommendation that septic tanks be allowed in lieu of hooking up to the sewer lines, until the moratorium is lifted. Mr. Baxter stated that it would be appropriate for Council to discuss this matter. Councilwoman Deutsch stated that she felt the intent of the letter was to request some sort of feasibility study from staff concerning this possibility. Councilwoman Ward stated that without water equivalencies, prospective builders would have to go before the Coastal Commission. MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, 1982 Page Seven Mayor Dorn noted that many cities require hook up to the sewer when it becomes available but as an interim measure allow other types of systems. MOTION: Mayor Dorn moved to refer this matter to staff for a feasibility study on the possibility of usinq septic tanks in -lieu of sewer hook-ups as an interim measure until the sewer moratorium is lifted, and requested that staff bring back a report and recommendation to Council. Mayor Dorn also requested that his motion contain the request by Council for staff to report on the utilization of salt- water. The motion was seconded by Councilwoman Deutsch and carried unanimously. (4-0-1) C-3 CONSIDERATION OF EXPANSION OF MORRO BAY SENIOR CITIZENS CENTER Paul Baxter stated that Marguerite Lieberman, President of the Morro Bay Senior Citizens had requested this time to make a presentation to Council concerning plans for expansion of the senior center. Marguerite Lieberman stated that the Morro Bay Senior Citizens group had now grown to over 1150 membership, and were in need of additional room for meetings and other functions. She stated that the group intents to raise all the money necessary for the construction but is asking the City for the land to build the expanded multi- purpose center. She introduced Mr. Don West, an architect who is working with the senior citizens in designing the center. Mr. West briefly described the proposed multi -purpose center, stating that a total of 24,000+ square feet would be necessary for the center, parking and additional required space. Mayor Dorn suggested that staff and a representative from the senior citizens meet to further discuss this matter and bring a progress report back to the Council in 30 days. Councilwoman Deutsch stated that although Council is very much in favor of this project, it may take some time and may not be quickly determined. MOTION: Mayor Dorn moved that this matter of the expansion of the Morro Bay Senior Citizens Center be referred to staff, and that a progress report be brought back to Council for their meeting of April 12, 1982. The motion was seconded by Councilman Anderson and passed unanimously. (4-0-1) C-4 CORRESPONDENCE FROM MORRO BAY BEAUTIFUL PROPOSING AUGMENTATION TO ANNUAL CITY Paul Baxter stated that correspondence had been received by the City from Phyllis Dorn, President of Morro Bay Beautiful, requesting to augment the City's annual clean-up by coordinating with the Morro Bay Garbage company to pick up the oversized and heavy items. Mr. Baxter stated that staff has discussed this matter with the Refuse Board, and there is a member present if Council has questions. Mayor Dorn stated that the Council should pass a Resolution acknowledging this clean-up week. 8 MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, Page Eight 1982 • Councilwoman Deutsch stated that she felt this was a wonderful idea. Mr. Baxter stated that the only request had been that the City receive calls and schedule the route for the trucks. Imogene Haidet a member of Morro Bay Beautiful, stated that there would be six trucks, each manned by 2 members of the California Conservation Corps. Mr. Baxter stated that April 19th had been designated as the day the refuse collector would provide annual clean-up, and Morro Bay Beautiful had requested April 24th as their pick up day. MOTION: Councilwoman Deutsch moved that Council authorize the coordination of Morro Bay Beautiful and Niorro Bay Garbage for clean-up week activities, and designate April 19th as the Annual Refuse Clean-up Day for Morro Bay Garbage Company and April 24th as Morro Bay Beautiful's pick-up day. Motion was seconded by Councilman Anderson and carried unanimously. (4-0-1) C-5 CORRESPONDENCE FROM THE CITY OF SANTA PAULA REGARDING ATTENDANCE AT CHANNEL Paul Baxter stated that correspondence had been recieved from Santa Paula, requesting the Morro Bay City Council make a consensus regarding the meeting date for the Channel Counties Division Meetings. Council discussed this item and concurred that the present meeting date and time was satisfactory. Council instructed Mr. Baxter to respond to the City of Santa Paula with their consensus. COUNCIL RECESSED AT 9:30 p.m. COUNCIL RECONVENED AT 9:40 p.m. C-6 CERTIFICATION OF INITIATVE PETITION ESTABLISHING WATER ALLOCATION PROCEDURES Paul Baxter, City Administrator, certified that there were sufficient number of signatures on the petition to meet Section 4010 of the California Elections Code. Mr. Baxter then requested a report from City Attorney Michael Le Sage. Mr. Le Sage indicated that the initiative would have the effect of allocating water usage within the City of Morro Bay, and would allocate approximately 80% to residential and 20% to commercial/industrial. Mr. LeSage noted that this is contrary to the Coastal Act, which establishes a priority for tourist related and marine related business. The petition does meet all technical reouirements however, stated Mr. Le Sage, and Council has the following alternatives: 1) Call the election as required under Elections Code Sections 4010 and 4011; 2) Refuse to call the election on the grounds that the allocation of water has been preempted by the Coastal Act and the entire City is located within the Coastal Zone and on the grounds that the Local Coastal Plan will establish the required water allocation plan; or 3) Permit the election to proceed and if the initiative passes either the City can challenge the initiative or the Coastal Commission through the Attorney t MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, 1982 PAGE Nine General's office can challenge the initiative. Mike LeSac!e then noted that when the Coastal Plan is submitted to the Coastal Commission, the Coastal Commission then has the authority to allocate water, and both the City Ordinance and the proposed ordinance would be preempted. Mayor Warren Dorn stated that if this proposed ordinance is invalid or misleading, it should not be brought to the public for a vote. Mr. LeSage cited the case of Meyers v. City Council of Pismo Beach where the City Council refused to order an election and the Court upheld the refusal by the Council. Murrel Crump stated that if the initiatve were brought to the voters, it could hamper the City's ability to prepare a Coastal Plan. He also stated that the petition does not relate to the availability, but instead creates a fixed percentage. Mr. Peter Diffley stated that Council had only the two alternatives allowed within the Elections Code, once the petition was filed, and that is to adopt it as an ordinance or place the initiative on the ballot. He also stated that the Coastal Plan has not yet been adopted by the Coastal Commission and therefore the initiatve has not been preempted. Mayor Dorn stated that he would be agreeable to the allocation of the 200 acre feet saved by the recovery program, and to the 80% residential and 20% commercial/ industrial percentages, however, this was not what the petition would do. Mayor Dorn stated that the petition was contrary to the fact sheet he had been given which claimed that the initiative was only concerned with the 200 acre feet of water. Mrs. M'May Diffley reiterated that since the City does not presently have a Local Coastal Plan, the initiative would not be preempted. Dan Reddell felt that the petition was patently illegal and that the authority to grant water equivalencies was preempted by the Coastal Commission. Mr. Reddell felt it would be in the best interest of the City to seek declaratory judgement concerning this. initiative. Mr. LeSage explained that declaratory relief or juegement was to ask the Court to delcare the legality of the initiative. He stated that this can be done before the election but it is not required. Councilwoman Ward said she was unclear on the intent of the initiative, as the Coastal Commission has asked Morro Bay to develop an acceptable Water Allocation Plan. Councilwoman Ward also stated that the moratorium had been lifted because Morro Bay could prove that enough water had been saved due to the conservation program. Mayor Dorn questioned whether the initiative actually said "200 acre feet". Peter Diffley stated that the wording was "water saved through prudent management factors." Wendy Calmes, spoke regarding the Coastal Commission's authority within the Coastal Zone and stated that she felt this was a futile argument. She also stated that she was allowed to read the petition but not to have it photocopied as she requested. MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, 9982 • Page Ten Robert Lane gave his feelings over the constitutionality of the procedures, and stated that it was the right of the people of Morro Bay to have the opportunity to vote on the initiative, regardless of its legality. Mr. Lane stated that any court proceedings should take place after the election. Howard Gaines stated that the Coastal Commission doesn't preempt the City's authority to allocate water, as this is a local matter. Councilwoman Ward questioned the length of time needed to go to Court to seek declartory relief. Mr. LeSage indicated approximately 60 to 90 days. Mr. Baxter stated that depending upon any court litigation or determination, an election date would be determined, and stated that Council's alternatives at this time were to 1) adopt the initiative as an Ordinance (verbatim), 2) set the initiatve for election or 3) take no action. Councilwoman Deutsch questioned what would happen if no action was taken. Mr. LeSage explained that the proponents could file a writ of mandate, or the City could file for declaratory relief. MOTION: Mayor Warren Dorn moved that the City Council has adopted conservation programs which have resulted in the saving of 200 acre feet of water (saved through pipe replacement) and the at least 80% of this 200 acre feet should be allocated to residential and 20% to commercial and industrial. The motion was seconded by Councilwoman Deutsch. M'May Diffley asked the City Attorney if the petition was invalid presently, until the Coastal Commission adopts the Coastal Plan. Mr. LeSage stated that the Coastal Commission maintains the authority to allocate water rests with them. There was continued discussion between Council regarding the Coastal Commission's authority to allocate water. Murrel Crump stated that the City would be most amenable to a higher residential percentage of water allocation. Mr. Crump also stated that staff felt the Coastal Plan responded to the Coastal Act and was consistent. Mr. Crump stated that the Coastal Land Use Plan Public Hearing would be continued on March 17th. Mayor Dorn then withdrew his motion, and Councilwoman Deutsch withdrew her second. M'May Diffley asked Mr. Baxter what the deadline for the June 8th election was for a petition to be placed on the ballot. Mr. Baxter explained that notwithstanding any court order, a 10 day period for preparation of arguments, 10 days for preparation of rebuttals, and 10 days for a review period was required. The County Clerk has set his deadline for election materials for April 1, 1982. MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH #982 Page Eleven D. CONSENT CALENDAR D-1 APPROVAL OF MINUTES FROM ADJOURNED COUNCIL MEETING OF FEBRUARY 9, 1982 Paul Baxter stated that subject to any changes Council may have, staff recommends approval of the Council minutes from the adjourned meeting of February 9, 1982. D-2 CHAMBER OF COMMERCE EXPENDITURE REPORT FOR THE MONTH OF FEBRUARY, 1982 Mr. Baxter reported that the Finance Director had reviewed the Chamber of Commerce Expenditure Report for February 1982, and was recommending that Council authorize the expenditure of $$1,104.91 by the Chamber of Commerce. D-3 CONSULTANT CONTRACT WITH BECKER AND BELL FOR EMPLOYER/EMPLOYEE RELATIONS Mr. Baxter explained that the City's present contract with Becker and Bell will expire March 9, 1982, and staff is recommending that this contract be continued however, on an hourly basis rather than a retainer basis, as their assistance will not be needed as much during this coming year, as their will be no contract negotiations. D-4 REFUSE FRANCHISE BOARD MINUTES FOR FEBRUARY 1982 Paul Baxter stated that the minutes from the February 3, 1982 Board Meeting were being submitted for Council's approval, and staff recommends that subject to any changes, they be approved as submitted. MOTION: Councilwoman Deutsch moved that the Consent Calendar be approved as submitted. The motion was seconded by Councilwoman Ward and carried by the following roll call vote: AYES: ANDERSON, DEUTSCH, WARD, DORN NOES: None ABSENT: Lemons E. INDIVIDUAL DETERMINATION AND/OR. ACTION E-1 CITY COUNCIL Councilwoman Ward stated that the Refuse Franchise Board has considered screening of refuse to be left in view of the public, as mentioned by Mr. Gaines earlier. E-2 CITY ADMINISTRATOR Paul Baxter stated that there were several items to be brought up for Council's discussion. A. Mr. Lee Schultz was present to speak regarding the policy of charging late penalties without giving the customer a reminder notice. He stated that he was not given a reminder notice when he did not pay his bill, which he stated he had not received. Mr. Schultz stated that if the City was following an ordinance, this ordinance should be revised to allow at least a few days notice before the penalty goes into effect. Gere Sibbach, Finance Director, displayed a chart which showed the process of billing for water, sewer and garbage. Mr. Sibbach also MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, #982 • Page Twelve stated that the entire billing process is explained on the reverse of each bill, including a statement of the penalties that will be charged if the bill is overdue. Councilwoman Deutsch agreed that the penalty should hot be charged until at least a 24 hour notice of delinquency was sent. Mr. Sibbach stated that because the billing was done by computer, he would have to study this matter and report any additional cost involved in this second notice back to Council at their next meeting. Council agreed that staff should report back at the meeting of March 22, 1982. B. Mr. Baxter requested that Council endorse the Coastal Conservancy's Urban Waterfront Restoration Program as submitted to the legislature and authorize the Mayor to sign a letter of endorsement to be sent to the local legislators and the Conservancy. MOTION: Mayor Dorn moved that Council approve staff's recommendation regarding the Conservancy's program. The motion was seconded by Councilwoman Deutsch and carried unanimously. (4-0-1) Council convened a Closed Session at 11:23 p.m. for purposes of discussing potential litigation with the Cayucos Sanitation District. Council reconvened to open session at 11:54 p.m. MOTION: Mayor Dorn moved to approve a Resolution requesting $35,000 in STA funds to assist with construction of the bus maintenance facility. The motion was seconded by Councilwoman Deutsch and carried unanimously. (4-0-1) MCTION: Mayor Dorn moved to authorize the Mayor to send a letter of protest to local legislators and the Coastal Commission regarding difficulty the City has encountered from Coastal staff in preparation of our LCP. The motion was seconded by Councilwoman Deutsch and carried unanimously. (4-0-1) MOTION: Councilwoman Ward moved that Council adjourn to the next regularly scheduled meeting. Councilwoman Deutsch seconded the motion and it was carried unanimously. (4-0-1) The meeting was adjourned at 11:57 p.m. RESPECTFULLY SUBMITTED, Peggy ue anan Deputy City Clerk MORRO BAY CITY COUNCIL SPECIAL MEETING - MARCH 1, 1982 Conference Room - 5:00 p.m. Mayor Dorn opened the meet at 5:02 p.m. and excused Councilman Lemons due to a death in his family. PRESENT: Dorotha Deutsch Herminia Ward Rodger Anderson Warren M. Dorn ABSENT: John Lemons STAFF: Paul Baxter Michael LeSaae Murrel Crump John Bressan Councilwoman Councilwoman Councilman Mayor Councilman City Administrator City Attorney Director of Community Development Director of Public Works Mayor Dorn spoke to the need to address the proposal as submitted by the VRM Corporation for development of their property bordering Highway 1 and the problems that such a development would impose on the City regarding water, traffic, and strain on other City resources. He stated that the purpose of the meeting was to address more closely, the impact such a development would have on the City and expressed the need to adopt an interim urgency ordinance which would allow more time for the City to review the impact such a proposal would have. The City Attorney discussed the methodologies of adoption of such an ordinance and indicated that if by four -fifths vote the Council was to approve such an ordinance, that they would then want to address the zoning for the property in question. If it was Council's intent to change the zoning, then it would be appropriate for the City to do a General Plan Amendment regarding any zone changes they might contemplate. He also provided Council with information regarding condemnation or inverse condemnation and the legal ramifications such a change might have pursuant to any litigation that the property owners may choose to take as a result of the City actions. There was conversation at this point and questions by Councilwomen Deutsch and Ward regarding the impact on the City that inverse condemnation might have. Mr. LeSage responded that anything can be litigated and that the Courts would take notice regarding the funds that the developer has expended for application to date. Mayor Dorn then indicated he felt that this parcel would be best left in open space and utilized as a passive park, but would not support any effort to condemn the property for this particular purpose. He indicated that his conversations with the California Coastal Conservancy might bear fruit in acquiring that property for that purpose. There was then general discussion regarding appropriate zoning for this parcel. Mr. Crump indicated that various actions that Council could take could provide for holding zone to allow for open use until the land has been formerly zoned by the Council if a change were to be desired. He also outlined the time that would be involved in a holding zone if the urgency ordinance were adopted. He indicated MORRO BAY CITY COUNCIL • 0 SPECIAL MEETING - MARCH 1, 1982 Page Two that a total of two years would be possible for such an open zone, while the study would take place. The open zone would be allowed in increments of four months, eight months and a last increment of one year. (for a total of 2 years) Mr. Ray Gallo, of VRM, spoke to Council and indicated that it was his feeling that such zoning would be an attempt to stop the project. He also reiterated the historical opposition to park use for this property and that the property owners had in the past, offered this property for park use to the State, Federal and City governments to no avail. It was his opinion that the area was best suited for residential uses. He then spoke to VRM's latest offer to the City regarding the use of water on the Cabrillo parcel as a means of allowing for development, not only for this project, but for the balance of the City. He felt that such additional studies reqarding the project would be detrimental in that property owner has expended a large amount of money to date relying upon the current zoning for that parcel. Mr. Bruce Risley then spoke and indicated that he did not feel there was any need for urgency at this time and that the meeting location and time weren't in the best interest of the community. It was his opinion that the subject should be placed on a regular Council agenda. Mrs. Lila Kieser expressed her opinion to keep the land clear for recreation and allow for access to the beach. An unidentified woman indicated her support for Mrs. Kierser and requested that Council consolidate the small lots that had been allowed in the subdivision created in 1917 in the larger lots. She spoke to the loss of dunes in this area just after World War II and that the dunes had only recently begun to establish themselves again. Mayor Dorn then indicated that all of the above reasons by the two women were the basis for his desire to pass the urgency ordinance. There was further discussion by Council regarding liability and funding for acquisition of the parcel. Another unidentified woman requested information regarding whether an urgency exists for diversion of water to the William's property for a shopping center. Councilwoman Deutsch indicated that divergence of water for the William's property was not before Council this evening and that no plans had been submitted for this purpose. M'May Diffley spoke to the availability of water to the City as a current resource. She indicated that she was representing the Citizen's Action League and expressed concern over the number of units that were being proposed. She also indicated that contact had been made with the Coastal Conservancy's office and that it was her information that no funds were available at this time by that agency for acquisition of the property for park purposes. She further indicated that if the development were to take place using water from the Cabrillo parcel, then that would precipitate development of that second parcel since water would no longer be available for agricultural purposes there. She lastly indicated that she did not want to see tax funds expended on defending MORRO BAY CITY COUNCIL SPECIAL MEETING - MARCH 1,082 Page Three a law suit by the property owners. There was general discussion at this point by Council regarding potential litigation. Mr. Vic Montgomery, representing the development, spoke to the highest, best use of the parcel as being for residential and could not understand why there would be a need to delay planning process for the project as submitted. Mayor Dorn then reiterated his feelings regarding the urgency nature regaring this development and the reasons to adopy an ordinance to allow for a holding pattern to be developed until further studies could be performed. Mrs. Fay McGonagill indicated her agreement with Mr. Montgomery, and felt that there were appropriate safeguards currently in City hands to control such a development. Mr. Howard Gaines spoke and indicated he did not feel there was any need for an urgency ordinance at this time. Mr. Sylvester Morning then spoke to Council and reiterated the position held by Mr. Gallo, regarding the property owners offer to allow another agency to acquire their parcel, and requested that if Council were not going to acquire the parcel to allow the development to continue. There was further discussion at this point regarding the phases in a study for the open zone should the ordinance be adopted. Mrs. Deutsch expressed reservations regarding the potential for litigation regarding the adoption of such an ordinance, and felt that the City may be in danger by the adoption of the ordinance, by having to defend themselves in a lawsuit and face the potential possibility of acquiring the parcel, at a cost to the local taxpayers. Mayor Dorn reiterated his position that if Council did not act now then they may anticipate litigation later on if there were persons who wanted to stop the project. He felt it was necessary for a new look at the project and also to allow the Planning Commission time for review. Sylvester Morning then addressed the Council and volunteered to withdraw VRM's application for a four month period of time to allow for appropriate studies to take place and that such an offer would be based on the City not adopting an ordinance as is before them this evening. The City Attorney then spoke to the specified time to approve a project pursuant to AB884 which allowed the developer a reasonable time to submit studies and paperwork for the City to decide on the proposal. Mr. Morning then indicated that VRM would waive their rights under AB884 and allow for a four month extension. There was a question from the audience as to whether or not the City could ask for an opinion from the State Attorney General's Office. Mayor Dorn indicated that the State would not response since the City had their own legal counsel. MORRO BAY CITY COUNCIL SPECIAL MEETING - MARCH 1, 1082 Page Four MOTION: It was moved by Councilwoman Ward and seconded by Councilwoman Deutsch to accept the offer by Mr. Sylvester Morning to allow for a four (4) month extension of time on the project to allow gathering of information regarding the impact of the project on the City and also to determine the funding availability to acquire the parcel per the California Coastal Conservancy or any other state agency, and that further studies be under- taken to allow for public input and determintion of the highest and best use for the property. SUBSTITUTE MOTION: It was moved by Mayor Dorn and seconded by Rodger Anderson to substitute for the above motion inclusion of a holding zone (open area) during this interim study. The motion failed by the following roll call vote: FOR: Mayor Dorn AGAINST: Councilman Anderson, Councilwoman Deutsch, Councilwoman Ward A roll call vote was then held on Councilwoman Ward's motion and it was passed unanimously by the following roll call vote: AYES: Anderson, NOES: None ABSENT: Councilman Ward, Detusch, Dorn Lemons Council then requested that such an offer to the City be made in writing from URM so that an appropriate agreement could be reached regarding this matter. MOTION: It was moved by Councilwoman Ward and seconded by Mayor Dorn that the meeting be adjourned. The motion passed unanimously The meeting was adjourned at 7:06 p.m. RESPECTFULLY SUBMITTED, PAUL BAXTER CITY ADMINISTRATOR (4-0-1) � r Df3 MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1982 RECREATION HALL, 7:30 P.M. The meeting was called to order by Mayor Warren Dorn at 7:30 p.m. The Pledge of Allegiance was led by Mayor Dorn and the invocation was given by Reverend Bob Whaley, Calvary Babtist Church. .8 PRESENT: Rodger Anderson Dorotha Deutsch John Lemons Herminia Ward Warren M. Dorn STAFF: Paul Baxter Michael LeSage John Bressan Murrel Crump Gary Napper Al Olson Gere Sibbach Bernie Zerr Nellie Cecil Councilman Councilwoman Councilman Councilwoman Mayor City Administrator City Attorney Public Works Director Community Development Director Administrative Assistant Police Chief Director of Finance Fire Chief Community Development Secretary A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 REPORT RELATING TO FINAL ADOPTION OF THE REFUSE FRANCHISE AGREEMENT (CONTINUED) Mr. Baxter stated pursuant to the information they had received, he was requesting this item to be continued until the City Attorney has had time to review that information and stated this matter would be scheduled for the regular meeting of March 8, 1982. B. UNFINISHED BUSINESS B-1 CONSIDERATION OF APPOINTMENT OF REPR � COUNCIL OF GOVERNMENTS Mr. Baxter stated this item had been continued from the last meeting to allow for Council to arrive at any nominees they wished to place for this appointment. Councilman Adnerson stated Dick Haidet had volunteered to sit on this committee, therefore Councilman Anderson nominated Dick Haidet as their representative to the Area Council Governments Citizen's Transportation Advisory Committee. The motion was seconded by Councilman Lemons. There being no objections, it was so ordered by Mayor Dorn. B-2 NEEDED LEGISLATION FOR DESIGNATION OF MORRO BAY AS A " rnaeToi orT rnniTrnuirn T" FOR PURPOSES OF Mr. Baxter stated this matter was continued from the Council meeting of February 8th so that the City Attorney could review the public resources code sections that were referenced in Mr. Crump's memo regarding the designation of Morro Bay as a port, for 0 MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1962 Page Two purposes of the Coastal Act. Mr. LeSage has reviewed the information and has concurred with Mr. Crump's interpretation that such legislation would be necessary to enable the City to regain permit issuance authority for all properties west of the Embarcadero. Staff is requesting that Council make a policy determination regarding this item if they feel that such permit issuance authority would be in the City's best interest. Mr. LeSage stated that ccncern was expressed at the last meeting that if the City's harbor area were designated as "port" that certain legal consequences would follow. Mr. LeSage stated he did not think they would if Sections 30700 of the Public Resources Code is amended to designate the harbor of Morro Bay as a port. He noted the objective is to get it amended so that the City would have permit authority, rather than the Coastal Commission. Robert Lane, 440 Shasta Avenue, read excerpts of the Public Resources Code, Sections 30700, 30702, 30703, 30704 and 30705 and stated his objections to having a port authority. Councilman Lemons questioned the Planning Director as to whether any priorities had been taken away which exist in Morro Bay for Commercial fishinq. Mr. Crump replied in the negative, stating that in going through a set of revisions, policies got shifted, numbers got changed, the same policy number was used for a different purpose and it was rearranged in other textural parts, therefore, they were not doing things in lieu of others but were augmenting it. Councilman Lemons noted the same policies that were in the LCP originally, with regard to Commercial fishing having priority are still in the revised plan. Mr. Crump stated that was correct but it could be in different language, different paragraph or policy number, or combined together. Councilman Lemons questioned Mr. LeSage if Section 30700 were amended, would that necessarily enable Morro Bay to become a "Marina Del Rey"? Mr. LeSage answered in the negative. After being questioned by Councilman Lemons as to whether this port authority would be independent of the Council, Mr. LeSage stated that the way it was written, the City Council would be the port authority. Councilman Lemons questioned the City Attorney if a port authority were set up, would these policies that set up the Council as the port authority, given any more powers to the City Council than they already have. Mr. LeSage stated he did not believe it would but preferred to answer that after he had looked into it further. Mayor Dorn commented as it had been stated before, this Council is not in favor of an oil port and this would not become a port to handle any of the oil to be drilled offshore. Councilwoman Deutsch questioned if this policy would insure that we have priority for our Commercial fishing. MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1982 Page Three Mayor Dorn requested this item be continued to the end of the meeting to allow time for Mr. LeSage to research answers to these questions. B-3 CASE NO. ZOA 05-81 CONSIDERATION FOR DELETION OF REGULATION OF VEHICLE PARKING IN THE PUBLIC RIGHT-OF-WAY AS CONTAINED IN MUNICIPAL CODE ZONING ORDINANCE SECTION 17.58.020 Second Reading Mr. Baxter stated Council had first read this Ordinance in the Municipal Code as it relates to vehicle parking in the public right-of-way at the last meeting. Staff recommends this Ordinance be read by title and number only and adopted. MOTION: Councilman Lemons moved this Ordinance be read by title and number only. The motion was seconded by Councilwoman Ward and unanimously carried by the following roll call vote: AYES: Anderson, Deutsch, Lemons, Ward, Dorn NOES: None ABSENT: None Mr. Baxter read Ordinance No. 220, An Ordinance Amending Ordinance 176 (Part) and Section 17.58.020 of the Morro Bay Municipal Code, by title and number only. MOTION: Councilman Lemons moved to adopt Ordinance No. 220. The motion was seconded by Councilman Anderson and unanimously carried by the following roll call vote: AYES: Anderson, Deutsch, Lemons, Ward, Dorn NOES: None ABSENT: None B-4 .ORDINANCE AND RESOLUTION PROVIDING FOR THE ng VESSELS, DOCKS Mr. Baxter stated this was the final reading for the Ordinance which would allow for the removal of unsafe vessels, docks or other man-made floating structures. He noted a Resolution defining the intent of the Ordinance has also been prepared. Staff recommends this Ordinance be read by Title and Number only, and to adopt the Resolution of Intent. Mr. Baxter read the Resolution Defining the Intent of Ordinance No. 219 in full. MOTION: Councilwoman Deutsch moved Ordinance 219 be read by title and number only. The motion was seconded by Councilman Anderson Anderson and unanimously carried by the following roll call vote: AYES: Anderson, Deutsch, Lemons, Ward, Dorn NOES: None ABSENT: None MORRO BAY CITY COUNCIL • • REGULAR MEETING - FEBRUARY 22, 1982 Page Four Mr. Baxter read Ordinance No. 219, An Ordinance Providing for the Removal of Unsafe Vessels, Docks or Other Manmade Floating Structures, by title and number only. MOTION: Mayor Dorn moved to adopt Ordinance 219. The motion was seconded by Councilwoman Deutsch and unanimously carried by the following roll call vote: AYES: Anderson, Deutsch, Lemons, Ward, Dorn NOES: None ABSENT: None MOTION: Mayor Dorn moved to adopt Resolution No. 16-82. The motion was seconded by Councilwoman Ward and unanimously carried by the following roll call vote: AYES: Anderson, Deutsch, Lemons, Ward, Dorn NOES: None ABSENT: None C. NEW BUSINESS C-1 CONTINGENCY APPROPRIATIONS FOR UNANTICIPATED DEPARTMENTAL EXPENDITURES Mr. Baxter stated under the modified line item budget which they have used for this year, certain extraordinary expenses had occurred during the first six months which will create problems within certain budgets. He noted he had reviewed all of the requests from the departments and was recommending that transfers from contingencies be made to the accounts that have been listed in the attached report to the Council. Staff recommends that Council appropriate the funds from Contingencies in the General Fund, Gas Tax Fund, Sewer Fund, Water Fund, and Harbor Fund to cover these anticipated expenditures. After discussion, the following motion was made: MOTION: Councilman Lemons moved the Council accept the City Administrator's request. The motion was seconded by Coucnilwoman Ward and unanimously carried by the following roll call vote: AYES: Anderson, Deutsch, Lemons, Ward and Dorn NOES: None ABSENT: None C-2 ACCEPTANCE OF COASTAL COMMISSION WATER ALLOCATION CONDITIONS Mr. Baxter stated it would be appropriate at this time for Council to ratify and accept the conditions the Coastal Commission adopted at their meeting of February 17th and direct staff to begin implementation of the program as adopted by the Coastal Commission for water allocation in the City of Morro Bay. MO RRO BAY CITY COUNCIL • REGULAR MEETING - FEBRUARY 22, 1982 Page Five MOTION: Councilwoman Deutsch moved the Water Allocation Program be accepted as adopted by the Coastal Commission. The motion was seconded by Councilman Anderson and unanimously carried by the following roll call vote: AYES: Anderson, Deutsch, Lemons, Ward, Dorn NOES: None ABSENT: None Mayor Dorn thanked John Knowlton, Dan Reddell, Grace Melton, and Gail Queen as part of the Committee who attended the Coastal Commission meeting to express the true feelings of the Community and to aid in the favorable decision of the Coastal Commission. Councilwoman Ward expressed her thanks also to staff for their earnest efforts in working with the Coastal Commission for the last year and a half or longer. Mayor Dorn requested that a letter be sent from Mr. Baxter on behalf of the Council thanking the Coastal Commission for the help of its staff in arriving at this equitable and fair plan. C-3 CONTRACT FOR SERVICES WITH COSTA DEL ORO APPRAISAL AND REALTY SERVICES Mr. Baxter stated this item was not on the agenda but staff was requesting Council consider a contract for services with Costa Del Oro Appraisal and Realty Services in the amount of $375.00 to determine a rough appraisal for certain City owned properties which they felt some of which could be disposed and placed back on the tax roll. MOTION: Councilman Anderson moved the Council pprove staff's recommendation. The motion was seconded by Councilwoman Ward and unanimously carried by the following roll call vote: AYES: Lemons, Ward, Deutsch, Anderson, Dorn NOES: None ABSENT: None D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES FROM REGULAR MEETING OF JANUARY 25, 1982, AND FEBRUARY 8, 1982 Mr. Baxter stated only the minutes of January 25, 1982, were being submitted for Council consideration and recommended the minutes be approved as submitted. D-2 EXPENDITURE REPORT FOR JANUARY, 1982 Mr. Baxter stated the Finance Director had prepared the Expenditure Report for the month of January, 1982, and has submitted it to Council for consideration and recommended the Expenditure Report for the month of January be approved as submitted. 0-3 DECLARATION OF PROPERTY SURPLUS TO CITY NEEDS Mr. Baxter stated the County was holding a consolidated County auction and had MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1982 Page Six requested any property surplus the City might have be included in this auction. Mr. Baxter noted there was at least one vehicle as well as some paper cutters that were made available for surplusing and recommended the Council declare the attached list as property surplus to City needs and direct the Staff to dispose of them in accordance with Code requirements. D-4 RESOLUTION SETTING COSTS FOR CANDIDATE STATEMENTS - MUNICIPAL ELECTION Mr. Baxter stated in order to assess charges for costs to publish candidate statements for the June 8th Municipal Election, a resolution has been prepared and must be adopted to enable the City to collect such costs from each of the candidates who wish to have a statement in the sample ballot. Staff recommends Council adopt the attached Resolution as submitted. Councilman Anderson stated there were two cars listed under D-3. Mr. Napper explained one was a Police vehicle and the other belonged to the Fire Department. Both cars have already been replaced in the City fleet. MOTION: Councilman Lemons moved that Council approve the Consent Calendar as submitted. The motion was seconded by Councilman Anderson and unanimously carried by the following roll call vote: AYES: Ward, Deutsch, Anderson, Lemons, Dorn NOES: None ABSENT: None Mr. Baxter requested a closed session at the conclusion of the current agenda to discuss three items, one regarding the increase in insurance rates; secondly litigation of Ross vs. Morro Bay, and thirdly the acquisition of the Caratan parcel. Mr. Baxter stated the discussion could now go back to item B-2 as Mr. LeSage and Mr. Crump were prepared to answer the questions at this time regarding the designation of Morro Bay as a "port". Mayor Dorn commented that the subject was to be addressed to the unique characteristics of Morro Bay, not about Los Angeles or San Francisco harbor, or any other area. He stated they were talking about retaining in this City the permit authority, rather than having it going to the Coastal Commission. Mayor Dorn stated he had gone to Washington and met with the Secretary of the Interior and was told that there would not be an oil port here. He stated that this City Council was opposed to an oil port coming here and would fight against it if it were proposed. Mr. Crump explained the history of the LCP and stated that once the LCP is certified, the State Coastal Commission will still retain primary permit authority over State tidelands. He stated that for the City to have permit control over the Embarcadero and Bay waters, we would need to be designated as a "port" and prepare a port master plan, similar to an LCP. Language for this to occur was installed in the recent set of LUP revisions, but the actual legislation to name Morro Bay is still needed. MORRO BAY CITY COUNCIL • • REGULAR MEETING - FEBRUARY 22, 1982 Page Seven Councilman Lemons questioned Mr. Crump if there were any apparent conflicts between the Coastal Act priorities and the revisions made to the LUP. Mr. Crump answered in the negative and stated that where something was exchanged for another policy, that policy was strengthened. It would be misleading to say that priorities were taken away from commercial fishing. Mayor Dorn questioned Mr. Crump as to where it stated that Morro,Bay would be -an oil port. Mr. Crump answered in the Energy/Industrial Development Chapter of the LUP, the City is emphatically on record as against such happenings. Councilman Lemons questioned if the Coastal Commission staff objected to the City being opposed to the establishment of an oil port here? Mr. Crump answered in the negative and stated they view commercial fishing as the priority industrial activity and they are also against an oil port in Morro Bay. Mr. LeSage explained the sole result of including the City of Morro Bay within Public Resources Code 30700 would be that the City would then have primary permit control over the Embarcadero and Bay waters instead of the Coastal Commission. Mr. LeSage stated that establishing a port authoirty is a separate and distinct legal issue that is not related to a request for modification of 30700. He noted if 30700 is modified to include the City of Morro Bay, then the original permit jurisdiction would return to the City. Mayor Dorn noted he had previously said he did not want a port authority coming into Morro Bay. Councilman Lemons questioned as far as the policies that were given as suggested revisions to the LUP, the word "authority" appears there, what would be a good substitution for that which would clear this matter. Mr. LeSage stated he understood the alarm that is being created by the words "port authority" and felt that it would be better to say we would like to see that section amended to designate Morro Bay's harbor as one with original permit jurisdiction. He also stated it could be said that Morro Bay would then develop a harbor plan. Councilwoman Deutsch stated she felt the clarification is necessary for future readers as there could possibly be some misinterpretation if the Council said anything about port authority. Councilman Anderson noted that under the State Tidelands Act, certain priorities were set up and the City of Morro Bay was an overseer of the State Tidelands. He questioned even if permit authority were back in the City's hands as they were for many, many years, if something were done contrary to the priorities set up by the Tidelands Act, then the State could come in and determine that the City was not following policies and could take that away from the City, whether the Coastal Commission was involved or not. Mr. LeSage stated that the State could come in and declare the City had failed to fulfill the duties as Trustee. He noted the City, as Trustee of the Tidelands property, has the duty to see that that is available, not just for the citizens of Morro Bay, but for the citizens of the entire State. He stated anyone could challenge action taken by asserting that it was inconsistent with the Tidelands MORRO BAY CITY COUNCIL • • REGULAR MEETING - FEBRUARY 22, 1982 Page Eight Trust. Mr. LeSage stated this was done by the Council by initiative or by anyone. Mayor Dorn stated the Council should be voting on a statement of policy hearing out this Council's intent. A discussion followed on the procedures of securing a permit at this time as compared to after the LCP is adopted. Mayor Dorn opened the hearing to the public. Bruce Risley, 540 Piney Way, stated in view of the very important, he felt it would be appropriate that before this Council takes action on this matter, that it be advertised and a Public Hearing be held. Howard Gaines, 441 Orcas Street, stated he trusted the Coastal Commission to have control of the harbor and would rather see the State have control than the City. He read a portion of Section 30801 of the Public Resources Code. He questioned why the Council did not put it on the ballot. Robert Lane, read Section 30705 with regard to a port authority. Gene Koblick, 630 Embarcadero, President of the Fisherman's Association, stated the whole objective was to be able to sit down and work out a Harbor Plan, and we can not do this because the Harbor Plan has to be approved by the Coastal Commission. He stated there appeared to him to be no attempt here of power play by the Council to turn the harbor into an oil port or port authority. Ray Zeuschner, 2960 Beachcomber Drive, stated that there were two things that people were concerned about once the harbor plan is developed and Council has the authority to do certain things. One of the questions of condern was how the process of the planned development will be. Secondly, how is the Harbor Plan going to be developed. Mr. LeSage stated the process of adopting a Harbor Plan is the same as the development of the Local Coastal Plan. Councilman Lemons noted in addition, there would also be an amendment to the General Plan by the City Council. Mr. LeSage stated before the Council could take action, the State Legislature would have to allow an amendment. Cliff Smith, Chairman of the Harbor Advisory Board commented that when they looked at this they could not see'where they were going to the hive the City Council much more power than they already have. He questioned why should the people have to go through the Coastal Commission each time they want to drive a nail down, because the Council would have to see it before it went to the Coastal Commission. It seemed to him that it was just more foot dragging and he noted that was the feeling of the Harbor Advisory Committee also. William Gruendler, 175 Azure Avenue, stated he was not for or an but wanted to clarify the words "port authority". He stated the Coastal Commission had used these words and could not understand why people were afraid to use these words. He commented MORRO BAY CITY REGULAR MEETING Page Nine COUNCIL - FEBRUARY 22, 1982 that the words "port authority" were good Plain English words, something everyone understands and they should be used. Fred Wright, P.O. Box 1050, questioned if the designation of fishin: vessels in this document could be changed to read something else at a future date? Mr. Crump stated vessels of a commercial nature are as the Council defines there in the Land Use Plan. MOTION: Councilman Lemons moved that the Council and staff take necessary steps to make the necessary language content to attempt to get Section 30700 amended to include Morro Bay and secondly that Council as!< staff to cone back to Council with different language which would enable Morro Bay to develop the Harbor Plan as contemplated in the in the Local Coastal Plan and to alleviate problems that people have with the word "authority" as being a separate body which has separate powers, etc. The motion was seconded by Councilwoman Deutsch. After discussion, Councilman Lemons withdrew his motion and requested the new motion read: ri;OTIO:: Councilr..an Lemons moved that the Council request that Morro Bay harbor be designated as one of the areas where the local entity will have original permit jurisdiction once the plan is developed and a new Section 702 through 703 should be changed to say that once the State Legislature approves this original jurisdiction, then the City would go through the processes with all of the safeguards under the Coastal Act and under Local and State Law to develop a Harbor Plan. The motion was seconded by Councilwoman Deutsch, and unanimously carried by the following rollcallvote: AYES: Ward, Deutsch, Lemons, Dorn NOES: Ncne ABSTAIN: Anderson i.iayor Dorn stated he had talked to Mr. Funk and to Mr. Baxter about the necessity of the City having its own Harbor Commission similar to the Planning Commission that would be responsible for the functions of the Harbor and the actions of the Harbor. He requested staff to prepare some kind of proposal the Council might discuss at a Public Hearing in forming a Harbor Commission. Mayor Dorn stated he had accompanied Mr. Funk on his patrol and noted that so much of the patrol is done outside of the City in that part of the bay that belongs to the County. He stated there were no means of policing or assisting in the back harbor. He felt the tax payers of this City should not be strapped with the costs of patrolling the entire bay. Mayor Dorn stated that with the Harbor Commission, the City could provide that service to the County with a mutual aid agreement or contract. Mr. Funk stated lie felt that right now they did not actually do enough business in the back bay on a day to day basis, to actually say there should be a charge at this time. He noted however, that he could see in the very near future where there would be a need for this charge, as the back bay is building rapidly. 9 0 MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRU,ARY 22, 1982 Page Ten Mayor Dorn questioned Gene Koblick, President of the Fisherman's Association, as to his feeling regarding this matter. Mr. Koblick stated he felt there was a definite need for a Harbor Commission, which they could report to without havino to no before the City Council. MOTION: Mayor Dorn moved that staff, Mr. Baxter, Mr. Bressan and Mr. LeSage look into this matter and report back to Council. The motion was seconded by Councilman Lemons and unanimously carried by the following roll call vote: AYES: Anderson, Deutsch, Lemons, Ward, Dorn NOES: None ABSENT: None The regular meeting was adjourned to a Closed Session at 9:10 p.m. Council reconvened into a public session at 9:40 p.m. MOTION: Councilwoman Ward moved that the meeting be adjourned. This was seconded by Councilman Lemons and carried unanimously. The meeting was adjourned at 9:40p:m. RESPECTFULLY SUBMITTED, Nellie Cecil Community Development Secretary 6 CITY OF MO RRO BAY CITY COUNCIL REGULAR MEETING - February 22, 1982 RECREATION HALL - 7:30 P.M. Call to Order Pledge of Allegiance - Horace Strong, representing all veterans Invocation - Rev. Bob Whaley, Calvary Baptist Church A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 Report Relating to Final Adoption of the Refuse Franchise Agreement (Continued) B. UNFINISHED BUSINESS B-1 Consideration of Appointment of Representative to Area Council of Governments Citizen's Transportation Advisory Committee (continued) B-2 Needed Legislation for Designation of Morro Bay as a "Port" for Purposes of Coastal Act (Continued) B-3 Case No. ZOA 05-81 Consideration for Deletion of Regulation of Vehicle Parking In the Public Right -of -Way as Contained in Municipal Code (Zoning Ordinance) Section 17.58.026 (SECOND READING) B-4 Ordinance and Resolution Providing for the Removal of Unsafe Vessels, Docks or Other Manmade Floating Structures (SECOND READING) C. NEW BUSINESS C-1 Contingency Appropriations for Unanticipated Departmental Expenditures C-2 Acceptance of Coastal Commission Water Allocation Conditions D. CONSENT CALENDAR D-1 City Council Minutes from Regular Meeting of January 25, 1982 and February 8, 1982 D-2 Expenditure Report for January 1982 D-3 Declaration of Property Surplus to City Needs D-4 Resolution Setting Costs for Candidate Statements - Municipal Election E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator PB/moc 6 E MORRO BAY CITY COUNCIL TENTATIVE AGENDA REGULAR MEETING - February 22, 1982 The Morro Bay City Council will meet Monday, February 22, 1982, at 7:30 p.m. in the Recreation Hall located at the corner of Shasta and Dunes. The items presented in the advertisement are tentatively scheduled to be considered at that meeting. A completed agenda package will be available for review as of February 19, 1982. Call to Order Pledge of Allegiance - Horace Strong, representing veterans Invocation - Bob Whaley, Calvary Baptist Church A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 Report Relating to Final Adoption of the Refuse Franchise Agreement (Continued) B. UNFINISHED BUSINESS B-1 Consideration of Appointment of Representative to ,Area Council of Governments Citizen's Transportation Advisory Committee (Continued) B-2 Needed Legislation for Designation of Morro Bay as a "Port" for Purposes of Coastal Act (Continued) B-3 Case No. ZOA 05-81 Consideration for Deletion of Regulation of Vehicle Parking In the Public Right -of -Way As Contained in Municipal Code (Zoning Ordinance) Section 17.58.020 (SECOND READING) B-4 Ordinance and Resolution Providing For the Removal of Unsafe Vessels, Docks or Other Manmade Floating Structures (SECOND READING) C. NEW BUSINESS C-1 Contingency Appropriations for Unanticipated Departmental Expenditures D. CONSENT CALENDAR D-1 City Council minutes from Regular Meeting of January 25, 1982 and February 8, 1982 D-2 Expenditure Report for January 1982 D-3 Declaration of Property Surplus to City Needs E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator CITY OF MORRO BAY Prepared by City Administrator • i CITY COUNCIL MINUTES ADJOURNED MEETING - February 9, 1982 The following are Minutes of the Adjourned Council Meeting from February 9, 1982. Mayor Dorn convened the Council at Coleman Park at 1:30 P.M. Council Members present Staff present Mayor Dorn Councilman Lemons Councilman Anderson John Bressan Paul Baxter Bill Boucher [like Walsky The Council viewed the dunes stabilization project for a period of time with Mr. Joseph Petrillo and Peter Granell'of the California Coastal Conservancy, as well as representatives from Senator Mello and Assemblywoman Hallett's office. The Council then traveled to the T-pier for a viewing of that project and an uncovering of a sign, indicating the project's identity and cost. Council then proceeded by vehicles to the street ends in Tidelands Park in the Morro Bay Golf Course and Marina. After that they returned to City Hall Conference Room where they were joined by Councilwoman Ward and were presented a report by Mr. Bressan regarding the status of the grant with the Regional Quality Control Board and the Step 3 Authorization. Mr. Bressan indicated that his contact with the Regional Quality Control Board indicated that it was imperative that the City make the additional expenditures which have been estimated to total $200,000.00. Council had previously authorized $50,000.00 and then there was discussion regarding the additional authoriz- ation. Mr. Bressan also discussed the possibility of pursuing waiver of secondary treatment for the plant in lieu of the grant. Councilman Lemons indicated that it would be in the City's best interest to look at thegrant as well as+ applying for; the, waiver. MOTION: It was moved by Councilman Lemons, and seconded by Councilman Anderson that an additional expenditure of $150,000.00 be approved, with those funds coming from Federal Revenue sharing contingency, to be spent for repairs at the waste -water treatment plant. On a roll call vote, Mayor Dorn, Councilman Lemons, Councilman Anderson, and Councilwoman Ward all voted to approve the motion. MOTION: Councilman Lemons moved that a letter be approved expressing Council's concern regarding the Cayucos Sanitation Districts' recent change in direction regarding the grant be approved. This was seconded by Councilwoman Ward and approved by a unanimous vote. CITY COUNCIL MINUTES ADJOURNED MEETING - February 9, 1982 Page 2 at 4:30 P.M. Councilman Anderson asked to be excused and left City Hall. Mr. Bressan then asked Council for clarification as to how to proceed with the procurement of items for the necessary repairs to the waste -water treat- ment plant. MOTION: Councilman Lemons moved, and was seconded by Councilwoman Ward that these repairs be declared an emergency and that the Director of Public Works be authorized to procure them under such terms and conditions. This motion was approved by a 3-0 vote. The Mayor then discussed the slip dedication for February and requested that the date of February 20 be chosen to hold such dedication and the Director of Public Services to pick an appropriate time to hold them. MOTION: Councilman Lemons moved that the meeting be adjourned. This was seconded by Councilwoman Ward and so carried. The meeting was adjourned at 4:30 P.M. Respectfully submitted, Pat& �6� PAUL BAXTER, City Clerk PB/moc CITY OF MORRO BAY CITY C0CIL • REGULAR MEETING - February 8, 1982 RECREATION HALL - 7:30 p.m. Call or Order Pledge of Allegianze -Horace Strong, representing all veterans Invocation - H.W. Hause, Gold Coast Church of God PRESENTATIONS Presentation of Resolution of appreciation to Stephen A. Paul Presentation of Service Pin to James Eidson A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 CASE NO. ZOA 05-81, CONSIDERATION FOR DELETION OF REGULATION OF VEHICLE PARKING IN PUBLIC RIGHT-OF-WAY AS CONTAINED IN MUNICIPAL CODE (ZONING ORD.) SECTION 17.58.020 A-2 ORDINANCE PROVIDING FOR THE REMOVAL OF UNSAFE VESSELS, DOCKS OR OTHER MANMADE FLOATING STRUCTURES (CONTINUED) A-3 CLOSURE OF 54TH STREET TO PUBLIC ACCESS - REQUEST FOR HEARING BY F. MCGONAGILL B. UNFINISHED BUSINESS B-1 PILOT STUDY FOR MANNING FIRE STATION NO. 2 B-2 REPORT RELATING TO FINAL ADOPTION OF THE REFUSE FRANCHISE AGREEMENT B-3 CONSIDERATION OF APPOINTMENT OF REPRESENTATIVE TO AREA COUNCIL OF GOVERNMENTS CITIZEN'S TRANSPORTATION ADVISORY COMMITTEE B-4 REQUEST FOR APPROPRIATION OF FUNDS FOR REPAIR OF WASTEWATER TREATMENT PLANT PURSUANT TO REGIONAL WATER QUALITY CONTROL BOARD C. NEW BUSINESS C-1 CONSIDERATION FOR OPPOSITION TO SB 1093 REQUIRING MANDITQRY DENSITY BOUNUS FOR PARKLAND DEDICATION C-2 NEEDED LEGISLATION FOR DESIGNATION OF MORRO BAY AS A "PORT" FOR PURPOSES OF COASTAL ACT C-3 FINANCE REPORT FOR SIX MONTHS ENDING DEC. 1981, FOR 1981-82 FISCAL YEAR BUDGET C-4 REPORT REGARDING ADDITIONAL EVENING TRANSIT SERVICES FOR SENIOR CITIZENS C-5 CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION FOR NAMING OF UNNAMED CREEK C-6 APPEAL BY MORRO BAY STOWAWAY FOR A VARIANCE FOR REQUIREMENT OF SECTION 14.72.240A OF MORRO BAY MUNICIPAL CODE (FLOOD DAMAGE PREVENTION) C-7 AWARD OF BID NO. PW 82-35 FOR THE CONSTRUCTION OF THE CITY BUS MAINTENANCE FACILITY • D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF DECEMBER 21, 1981 (SPECIAL MTG.), JANUARY 11, 1982 REGULAR MEETING), AND JANUARY 22, 1982 (SPECIAL MEETING) D-2 RESOLUTION OF CITY OF MORRO BAY DECLARING THE MONTH OF MARCH AS HUMAN SERVICES MONTH D-3 RESUBMITTAL OF RESOLUTION 06-82, REQUESTING THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF THE CITY OF MORRO BAY WITH THE STATEWIDE DIRECT PRIMARY TO BE HELD JUNE 8, 1982, PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE D-4 MINUTES AND ACTION OF THE REFUSE COLLECTION FRANCHISE BOARD, FEBRUARY 3, 1982 D-5 VISITATION OF COASTAL CONSERVANCY DIRECTOR ON FEBRUARY 9, 1982, TO T-PIER, AND OTHER PROJECT SITES D-6 CHAMBER OF COMMERCE EXPENDITURE REPORT FOR THE MONTH OF JANUARY, 1982 E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ATTORNEY E-3 CITY ADMINISTRATOR i MORRO BAY CITY COUNCIL Regular Meeting - February 8, 1982 Recreation Hall - 7:30 p.m. The meeting was called to order by Mayor Warren M. Dorn at 7:30 p.m. The Pledge of Allegiance was led by Fire Chief Bernie Zerr and the invocation was given by Reverend H.W. Hause, Gold Coast Church of God. ROLL CALL PRESENT: Rodger Anderson John Lemons Herminia Ward Warren M. Dorn ABSENT: Dorotha Deutsch STAFF: Paul Baxter Michael LeSaoe John BressanV Murrel Crump Gary Napper Al Olson Mary Sanders Gere Sibbach Bernie Zerr Nellie Cecil PRESENTATIONS Councilman Councilman Councilwoman Mayor Councilwoman City Administrator City Attorney Director of Public Services Community Development Director Administrative Assistant Police Chief Recreation Director Finance Director Fire Chief Community Development Secretary Mayor Dorn presented Stephen A. Paul with a Resolution Plaque in recognition and appreciation of his service to the City as a Planning Commissioner. Fire Chief Bernie Zerr presented a Service Pin to James Eidson in recognition of service to the City for seventeen years, three months. A. PUBLIC HEARINGS, REPORTS & APPEARANCES Mr. Baxter requested Items B-2, B-3 and C-4 be continued until a later date, and that B-4 be continued until the end of the meeting to allow notification from Cayucos by telephone on whether or not they have come to a decision at their meeting tonight. A-1 CASE NO. ZOA 05-81, CONSIDERATION FOR DELETION OF REGULAT PARKTNf, TN PIIRI Tr RT(:u T_f)P_wAV Ac rnh1T11Tn1rn TN' AdIIr.ITrTDAI Mr. Baxter stated this was the first reading of an Ordinance clean-up pertaining to vehicle parking in the public right-of-way. He noted the proposed language deletion and amendments would correct the Municipal Code to the fact that the Motor Vehicle Code superceded our zoning regulations regarding parking and consequently made our regulations unenforceable. He recommended Council read this Ordinance by title and number only and adopt it as a first reading. MORRO BAY CITY COUNCIL MINUTES Regular Meeting - February 8, 1982 Page Two Mr. Crump added that it was simply the fact that you cannot legally enforce parking in the street by means of zoning regulations. He noted there were other sections in the code for enforcement and this was misleading and should be deleted. Mayor Dorn opened the hearing to the public. No one spoke in favor or in opposition to the proposal. MOTION: Councilman Lemons moved the public hearing be closed. The motion was seconded by Councilwoman Ward and unanimously carried. (4-0-1) MOTION: Councilman Lemons moved this Ordinance be read by title and number only. The motion was seconded by Councilman Anderson and unanimously carried. (4-0-1) Mr. Baxter read Ordinance No. 220, An Ordinance Amending. Ordinance 176 (Part) and Section 17.58.020 of the Morro Bay Municipal Code, by title only. MOTION: Councilwoman Ward moved that Council adopt Ordinance No. 220 as its first readina. The motion was seconded by Councilman Lemons and carried by the following roll call vote: AYES: Anderson, Lemons, Ward and Mayor Dorn NOES: None ABSENT: Deutsch A-2 ORDINANCE PROVIDING FOR THE REMOVAL OF UNSAFE VESSELS, DOCKS OR OTHER MANMADE Mr. Baxter stated at Council's request, this matter was a continued public hearing item from the January 25, 1982 meeting. Mr. Bressan stated the Draft Ordinance has been rewritten because of concerns expressed by individuals at the last hearing. The main concern was the word "unseaworthy" which the new draft has removed and replaced with the word "unsafe" or "dilapidated". Mr. Bressan explained the rewritten ordinance also contains provisions for determining the safety of the craft in question. He noted the intent of the ordinance is to establish reasonable procedures for removing or abating unsafe crafts from the Harbor waters, and to initiate administrative procedures to recover the associated costs in doing so. After the determination is made by either the Director of Public Works or the Chief Harbor Patrol Officer that a vessel or dock is unsafe, the owner of the structure then has the right to the appeal process. During the appeal process they may bring evidence through a variety of ways, either through a Marine Survey, proof of insurance or other measures, to prove that this vessel or structure is safe and can be used. Mr. Bressan noted Chief Harbor Patrol Officer Funk was in the audience to answer any questions. Mayor Dorn opened the hearing to the public. Fred Wright, P.O. Box 1052, Morro Bay, presented a petition with eight signatures stating they requested formal clarification of the intent of the Ordinance to remove dilapidated and/or unsafe vessels in Morro Bay by the City Council prior to its MORRO BAY CITY COUNCIL MIi .ES • Regular Meeting - February 8, 1982 Page Three approval. Specifically they wished to know whether the intent was the same as Section 522, California State Harbors and Navigation Code, and if not, how it was different from it. Mayor Dorn stated he had taken a ride with Chief Harbor Patrol Officer Funk in the bay and he had pointed out several unsafe docks and obstructions in the bay that might cause damage to people's boats and he explained he wanted to have an ordinance that would allow the removal of same. Mr. Wright stated unsafe docks were covered by Municipal Code Section 15.16.040. Mr. Funk stated this Section alludes to the unsafe craft, but does not give the City power to take that vessel off the water if the owner refuses to do so; it also does not give any recourse to the person if he wishes to refute that statement that it was unsafe. The intent of this ordinance is to be able to remove objects, vessels or docks, that are a hazard to the bay and give the people a chance to appeal the decision to the City Council. A discussion followed between the Council members, Mr. Wright and Mr. Funk with regard to moral issues, intent of the Ordinance and the restrictions of Section 522. Richard Smith stated that he lived on a boat and was concerned about the moral issue of someone being able to declare his vessel unsafe. Mayor Dorn stated that was not the intent of the Ordinance. The intent was to protect him and others like him from objects that might be destructive to his vessel. Mr. Smith stated he felt the ordinance would threaten him personally and that someone would say his vessel was unsafe. He could not see that the intent was beyond Section 522. Mr. LeSage stated that Section 522 did not cover the public hearing process and he thought that if it were challenged by Court, Section 522 would be declared invalid. He noted by adding this Ordinance to Section 522, he did not think they were depriving anyone of their rights but would protect them. Mr. LeSage stated that ordinance would allow a public hearing, the City could assess the cost of the removal, and uses the word "unsafe" instead of "unseaworthy" which is used in Section 522. Mr. Wright again spoke on the moral issue, whether the vessel was unsafe or whether or not it was due to negligence by the owner. Mr. Bressan explained that is a vessel breaks loose from a mooring due to negligence by the owner, this vessel would not be broken loose for one hundred days and therefore would not fall under this ordinance. The intent of this ordinance is to deal with permitting docks and floating structures, which may not necessarily have a watchman or custodian, it also deals with boats that lay out on a mooring and need to be constantly pumped out and which would sink were it not for the diligence of the Harbor Patrol to keep pumping them out. Mr. Bressan stated it is not the intent to worry about the color of a boat or its appearance. He noted this proposed ordinance was very little different from vehicle abatement or property maintenance. It also enables the owner to appeal any decision that had been made regarding his vessel. 0 • MORRO BAY CITY COUNCIL MINUTES Regular Meeting - February 8, 1982 Page Four Jerry Folberay stated he lived on a boat in the back bay and wanted the ordinance to include the words "without a watchman". He felt this would act as a safeguard for him if they should declare his boat unsafe. Mr. Bressan stated the inclusion of the term "watchman" would be defeating the purpose of the ordinance. The fact that a person is on his vessel one day out of every hundred days would not make that vessel any safer and it would strip the authority of this ordinance. He stated another case would be on an unsafe dock that could be an attractive nuisance, it could be said that because the dock was used by a person who runs the business and was under a person's surveilance, that does not make it safe at night or during the weekends were somebody could go on that dock and be injured. Mr. Bressan stated it was not the intent of the Ordinance to deal with "abandoned" structures, as it was "unsafe" structures. Cliff Smith stated on behalf of the Harbor Advisory Committee, he would like to move for the adoption of this Ordinance. Joe Giannini questioned the Council as to what they would do with a Federal licensed documented vessel after the City impounded it. He stated there would be a real liability if this were done. He agreed with the hearing process of the ordinance. MOTION: Councilman Anderson moved the Public Hearing be closed. The motion was seconded by Councilwoman Ward and unanimously carried. (4-0-1) After being questioned by Councilwoman Ward with regard to documented vessels, Mr. Bressan stated most of the problems would be from unsafe docks and structures, followed by unsafe vessels, not of the documented type vessels. He noted there was a licensing process with the State of California where the vessel is documented every year. Mr. Giannini explained the process for documenting vessels and stated the vessels must be 500 tons or more, and must measure from twenty-two to twenty-five feet minimum. Councilman -Lemons stated he had heard a lot of disucssion with concern to what the purpose of this ordinance was and he felt that perhaps an introductory paragraph at the beginning of the ordinance should be included to state the purpose of this ordinance. He was also concerned that were there to be severe problems in the disposition of documented vessels, perhaps this should be inserted also. He was not sympathetic toinserting the word "watchman" as he flet that was not the intent of the ordinance. Mayor Dorn stated he felt the City Council was not very responsible if they did not protect the people who use the harbor. He stated he had been out with the Harbor Officer and had seen things that would scare you to death. He noted that if a child or person were to fall from one of those abandoned structures that were on leased property, the liability would be horrendous. Mayor Dorn felt the Council should act on this ordinance immediately and noted there could always be an amendment if necessary. MORRO BAY CITY COUNCIL MIt+=S • Regular Meeting - February 8, 1982 Page Five Councilman Anderson stated he would go along with Councilman Lemon's suggestion of an introductory paragraph. MOTION: Mayor Dorn moved the Council approve this Ordinance as recommended by staff and the Harbor Advisory Committee, to be read by Title only. The motion was seconded by Councilwoman Ward. A discussion ensued with regard to adding a preamble to the Ordinance. Mr. LeSage stated a Resolution could be made to that effect by the Council. Mayor Dorn included in his motion that a Resolution be made with a preamble to the Ordinance. The addition to the motion was approved by the seconder, Councilwoman Ward, and carried by the following roll call vote: AYES: Lemons, Anderson, Ward and Mayor Dorn NOES: None ABSENT: Deutsch MOTION: Mayor Dorn moved this Ordinance be read by title only. The motion was seconded by Councilwoman Ward and carried by the following roll call vote: AYES: Anderson, Ward, Lemons, and Mayor Dorn NOES: None ABSENT: Deutsch Paul Baxter read "Ordinance No. 219, Providing for the Removal of Unsafe Vessels Docks or Other Manmade Floating Structures". MOTION: Mayor Dorn moved that Council approve this Ordinance as its first reading. The motion was seconded by Councilwoman Ward and carried by the following roll call vote: AYES: Anderson, Ward, Lemons, and Mayor Dorn NOES: None ABSENT: Deutsch A-3 CLOSURE OF 54TH STREET TO PUBLIC ACCESS - REQUEST FOR HEARING BY F. MCGONAGILL Mr. Baxter stated upon the request of Fay McGonagill, this matter was brought before Council as a public hearing regarding Staff's closure of 54th Street to public access. Mr. Baxter stated that due to the chronic problems surrounding this dirt road between Highway 1 and Atascadero State Beach dunes, staff was erecting a vehicle barricade as a deterrent for the illegal camping and garbage dumping that constantly causes health, safety and enforcement concerns. The intent was to prevent off -road vehicles and campers from using the road, and not an attempt to abandon or seal -off the street to public use. Mr. Baxter recommended Council make a policy determination regarding this issue. Mrs. McGonagill stated because of the history of 54th Street and the importance of keeping it open, she did not think anything less than removal of the barrier MORRO BAY CITY Regular Meeting Page Six COUNCIL MINA • - February 8, 1982 would satisfy her. She questioned why they did not put the gate up until after the tourist season and while school was in session and wondered if there was some urgency in placing the gate there. Chief Zerr responded by saying about a year and a half ago they had a series of fires in that area and they spotted it down to a couple locations. There was a collection of trash and oarbaoe at one of these areas which resulted in such a large fire that the entire Fire Department was needed down there. Chief Zerr stated he felt that it wasn't prudent to have the entire Fire Department down there as it was their duty to protect the entire City. He stated that he had brought the matter to the City Administrator for advise on how they could keep people from dumping trash in that area illegally. Mrs. McGonagill stated it was her desire to keep the road open. She explained she lived north of this area and if 54th Street were closed, this traffis would be pushed onto them at San Jacinto Street. She noted people would still go into the VRM property using the north entrance. She stated they came in campers, vans and pickups. Mrs. McGonagill stated she was opposed to that but felt the City should enforce the Ordinance that was passed in 1976 prohibiting vehicles on private property without the consent of the owners of that property. Mrs. McGonagill stated a report was made by the Attorney General's Office in 1978, and in that report they declared this area of trash and garbage to be a fire hazard. They also stated the barbed wire fencing on Azure Street to be dangerous and unsafe but it is still there. The report also stated that the area should be patrolled approximately four hours a week to stop illegal activities. They noted that enforcement of the trespass laws were sporatic. Mrs. McGonagill stated a previous Council had tried to close 54th Street and had a long hard battle on their hands. She noted that no one had been notified that a gate had been placed on 54th Street. Mrs. McGonagill explained there was no other access to the beach between Atascadero Road and San Jacinto, and felt this was a valid request to keep 54th Street open. The hearing was opened to the public. Joe Giannini stated there were prescriptive rights to 54th Street because of the history of the use and pointed out that 54th Street is shown on the maps. Mr. Baxter explained 54th Street was not being abandoned as that would require Council action. Staff had taken this activity purely from a health and safety standpoint. He stated that it was not their intent to encourage Cal Trans to eliminate that access point. Mr. Giannini read a lengthy memorandum of the history of this street. Mr. LeSage stated that the Supreme Court has ruled in a Santa Cruz case, that continued public use of a path or roadway to the beach can establish public right to that beach. Mr. Giannini recommended this street be kept open, not necessarily paved, but to be redrocked although he acknowledged there was no place to go at the end of the road and no room to park cars. MORRO BAY CITY COUNCIL MIN S • Regular Meeting - February 1982 Page Seven Mayor Dorn stated the main compliant he received from people was that they could not cross the creek just beyond the mobilehome park, south of this area. They wanted a bicycle path or paved roadway to be able to get to the downtown area. Gene Shelton stated as an owner of two vacant lots in the City, he received notice to abate any condition that might exist such as weeds, trash, debris, etc., and wondered if he received these notices from the City, why would not the owner of the VRM property have to abate their nuisances? He wondered if the City could fence off this property. Chief Zerr answered that the City had no intention of fencing this property and noted in most cases the weeds and trash were created by the property owners themselves which was not true in this case. Mr. Baxter stated the Police Department has attempted to patrol and abate this area and they have had three cars stuck down there that had to be pulled our and two which were damaqed. He noted from a law enforcement standpoint, it presented an extreme difficulty. He stated he had personally inspected the property and it was not the pristine habitat that it might have been a few years ago, that it looked more like a land fill. Mr. Shelton stated this condition has occurred over years and years of neglect. He stated there are alot of fires out there and this was one of the reasons it should be abated. He wondered what the barriers would do to our public safety. He felt the owners could fence the area to prevent intruders onto their property. Jack McGregor, who resides at 255 Andros Street, stated he visited the property that day and thought it was a bit trashy but it is beautiful. He stated the road starts at the Highway, then turns and goes down to the sewer plant. He stated there were no signs stating "No Trespassing" and there was no fencing there. He felt it was up to the owners to see that it was difficult to get onto his property. He felt there was plenty of area for several dozen cars to park, for people to wander down through the dunes. He noted that 54th Street backs up to the High School and thought since Diablo Canyon was close by, an escape route could be used by the school to get out at 54th Street. Kathryn Wallin stated it was true that there was alot of trash down there, She pointed out the beautiful, unspoiled areas that were down there with small creatures and little pockets of plants. She asked that the area be protected and the road be kept open. Ed Foote, residing just north of this area, stated this area used to be a lake. He explained this area is the bottom of the lake and running along the south side of 54th Street is a ditch, which is necessary to keep the High School from "floating away". He noted to this day, after heavy rains, the lake still forms down against the dunes and sits there all winter long. Mayor Dorn remarked that for a number of years he had been trying to get the State to acquire that property for a passive park. 6 MORRO BAY CITY Regular Meeting Page Eight COUNCIL MINUTES - February 8, 1982 Mr. Foote stated both P.G.&.E. and the City need to get into that property to get to the sewer lift. He felt that the property owners should maintain their own land and keep it clean just as he has to keep his own property clean. Mr. Giannini questioned if the City could provide dumpsters there for people to use. After being questioned by Councilman Lemons as to what needed to be done if prescriptive rights have not been established, Mr. LeSage stated that when a street is depicted on the map, in a sense it is a public street already; and secondly, where the public has used a path or road to a beach for a long period of time, they have established public right to continue that use. Therefore, he felt prescriptive rights already had been established. Councilman Lemons stated his major concern was that he did not want the City to give Caltrans an indication that we did not consider that future intersection to be important. He personally disagreed with the position that they have taken that it was impossible to cross the medium at that intersection. He felt that the barrier should be removed and the owners be notified to abate any nuisances. MOTION: Mayor Dorn moved the public hearing be closed and that these items be pursued with vigor, the gate be taken down and that we have the proper claims and the proper patrol, and that we pursue the avenue of obtaining the easement and request the current property owners to be responsible for abating the nuisances and the trash, etc. The motion was seconded by Councilman Lemons and unanimously carried with Councilwoman Deutsch being absent. (4-0-1) Councilwoman Ward requested Staff to not only notify Caltrans of Council's objections to not allow egress and ingress from 54th Street onto Highway #l, but also to request Caltrans to produce some means of slowing traffic down before they enter Morro Bay from the north as a result of a fatal accident at the intersection of Yerba Buena and Highway 1. She noted at her request, Mr. Baxter had notified Caltrans and they had replied by saying it was a matter of enforcement. Councilwoman Ward requested staff to again try to contact Caltrans for signs or some method to slow traffic before they entered the City Limits of Morro Bay from the north. Mayor Dorn stated he would addthat to his motion and hearing no objections, it was so ordered. RECESS: 9:35 P.M. RECONVENED: 9:47 P.M. Mr. Baxter stated a request had been made from the Fisherman's Association which had not been placed on the agenda, and at this time, Ron Baker, a representative from the Association would like to make his request. Mr. Ron Baker stated three years ago the Fisherman's Association conducted a swap meet on the Embarcadero, on property belonging to the City, in a parking lot across from the City T-Pier. They had been doing it ever since, and he MORRO BAY CITY COUNCIL MINA • Regular Meeting - February 8, 1982 Page Nine would like to request permission to use that property again over the coming holiday weekend, February 13th and 14th. He noted the Association used some of the proceeds for donations to the City Harbor Patrol and Police Department. Mr. Baker stated that all the fishermen bring their used and unneeded equipment such as glass balls, floats, nets, etc,. and swap with others for things they need. MOTION: Mayor Dorn moved the Council approve the use of this property for this Fisherman's Swao Meet, a very worthwhile purpose. The motion was seconded by Councilman Anderson and unanimously carried with Councilwoman Deutsch being absent. (4-0-1) B. UNFINISHED BUSINE B-1 PILOT STUDY FOR MANNING FIRE STATION NO. 2 Mr. Baxter stated at Council's request, a six month report has been prepared on the pilot study concept of having a City firefighter live at Fire Station No. 2 in north Morro Bay for free rent in exchange for his response to emergencies from that station and property maintenance. Mr. Baxter stated from all indications the program has proved to be a success and it was his recommendation that Council extend the contractual agreement with Mr. Jones through the remainder of Fiscal Year 1981-82, and that continuance on a more permanent basis for Chief Zerr's budget for Fiscal Year 1982-83 be part of the upcoming budgetary process. MOTION: Councilman Anderson moved the Council adopt Staff's recommendation for continued use. The motion was seconded by Mayor Dorn and unanimously carried with Councilwoman Deutsch being absent. (4-0-1) B-2 REPORT RELATING TO FINAL ADOPTION OF THE REFUSE FRANCHISE AGREEMENT Mr. Baxter recommended this action be continued until the next meeting. Mayor Dorn invited Marguerite Lieberman, President of the Senior Citizens, to speak on Item C-4 at this time. C-4 REPORT REGARDING ADDITIONAL EVENING. TRANSIT SERVICES FOR SENIOR CITIZENS Mrs. Lieberman stated City staff had very kindly provided a pilot Dial -A -Ride service to individuals participating in the Senior Citizens potluck and meeting. She stated that although only sixteen people responded at this first trial, she felt it was due to lack of publicity, illness and other reasons. Mrs. Lieberman stated a number of Senior Citizens had expressed their desire to use the Dial -A -Ride at night if the service were to be presented again. After discussion, the Council requested staff to work with the Seniors in selecting another night. Mrs. Lieberman stated the third Friday night of the month was their meeting night and requested a bus for that night. Mrs. Lila Keiser suggested that a study be made on the feasibility of using Dial -A -Ride for people to attend cultural programs at Cuesta. She recommended the use of Dial -A - Ride be made available for all people in Morro Bay, as well as Senior Citizens. MORRO BAY CITY COUNCIL MIND• Regular Meeting - February 8, 1982 Page Ten B-3 CONSIDERATION OF APPOI TIVE TO AREA COUNCIL OF I Mr. Baxter recommended this item be continued to the next meeting. B-4 REQUEST FOR APPROPRIATION OF FUNDS FOR REPAIR OF WASTEWATER TREATMENT PLANT PIIRSHANT Tn RFf,TnNAI WATER nimi TTv rnNToni anaon Mr. Baxter explained as Cayucos officials are holding a meeting with the Sanitary District Board tonight to reconsider its position on the federal grant for plant modernization, he would recommend this item be held to the end of this meeting to await word from them or to be continued to the next meeting. C. NEW BUSINESS C-1 CONSIDERATION FOR 0 1093 REQUIRING S Mr. Baxter stated the League of California Cities is requesting opposition to proposed legislation bill SB 1093 (Petris) to amend the Quimby Act and would require local government to approve increased density units on the remaining portion of a development identical to the original number of dwellings proposed if the agency requires parkland property as a condition of its approval. Staff recommends that Council oppose the passage of SB 1093, and direct that appropriate letters of opposition be sent to members of the California Senate. MOTION: Councilman Anderson moved Council accept staff's recommendation to oppose passage of SB 1093 and direct staff to send the appropriate letters of opposition to members of the California Senate. The motion was seconded by Councilwoman Ward and carried unanimously, with Councilwoman Deutsch being absent. (4-0-1) C-2 ISLATION FOR ION OF MORRO BAY AS A " SES OF Mr. Baxter stated that the State Costal Commission will continue to exercise primary permit authority over the Embarcadero and bay waters unless Morro Bay is designated as a "port" and subsequently prepares a port master plan. He then requested Mr. Crump to provide the staff report. Mr. Crump stated the Coastal Act provides for primary permit authority for designated "ports". In the recent set of LUP Revisions, staff has prepared language for this that would accommodate that port designation. Mr. Crump explained an amendment to Public Resources Code, Division 20, Article 8, Section 30700 would be needed. The Council would then sit as a Commission similar to what other cities have as a redevelopment agency. The State Coastal Commission would still retain primary permit authority over State tidelands (submerged and filled lands). Councilman Anderson questioned the Planning Director if this would enable the City to oversee all of the areas within the boundary of the City Limits, after the LCP. Whereas, now the City is only able to deal with partial areas of the city. Mr. Crump answered in the affirmative. MORRO BAY CITY Regular Meeting Page Eleven COUNCIL MIN ES • - February 8, 1982 Councilwoman Ward questioned whether they would have to amend the LCP if this were adopted, or could it be included before. Mr. Crump replied the Land Use Plan is structured at this point to recognize this situation. It anticipates that Morro Bay would be a port authority and that the Council would act as the commission. No amendment of the Land Use Plan would be necessary. Mr. Crump stated ultimately the Harbor Commission or other Council appointed committee would prepare a plan of proposed uses for filled and submerged lands, and would project future improvements in the port, review existing development and have its own port master plan that would then be included in the LCP as an informational item. Councilman Anderson questioned if this would allow them to have a Harbor Commission to act as a Planning Commissioner or some similar body, and was answered in the affirmative. Mayor Dorn questioned the difference between a "port authority" and a "harbor authority". Mr. Crump explained the Public Resources Code has used the word "port" but in our case we are really talking about a "harbor" which is the common language used. Mayor Dorn wanted to make sure everyone understood this was not an "oil port" Howard Gaines, 441 Orcas Street, read Section 30700 of the Public Resources Code and Section 30701. He felt chances of getting the legislature was very nil. Robert Lane who resides on Shasta Avenue, stated when you establish a port authority you set up an autonomous agency, which is not accountable to the voters, in fact they are not even accountable to the City Council. Their administrative acts are not subject to voter approval and are not subject to referendum, Mr. Lane stated. He emphasized these agencies on their own can set up a bond for harbor improvement. He stated he had come from a City where this very same thing happened. Mr. Lane stated if you set up an independent agency, the Council or citizens lose any control or review over what that agency does. Mayor Dorn stated there are some cities who have the Council appoint such authorities, redevelopment districts, harbor districts, etc. There are other cities where the City Council will sit as such an authority. Mayor Dorn stated that this is what Mr. Crump was referring to. Mr. Lane again reiterated his objections against setting up this authority. Mayor Dorn stated the real question here tonight is whether the City Council should be such an authority. He noted Senator Mello had a bill passed in the last session that provides for funds to be given by the State and other public sources, to the cities who have harbor facilities that needed improvement. He stated there would need to be an authority to accept such funds for improvement. MORRO BAY CITY COUNCIL MINIPES • Regular Meeting - February 8, 1982 Page Twelve Mr. Crump stated this is an inquiry primarily for Coast Permit authority. He noted this is a vehicle by which the City could issue permits rather than the Coastal Commission. Mayor Dorn stated he would certainly be in favor of the City Council having the authority rather than the Coastal Commission because they are unaccountable to the people. They are appointed and not elected and there is no way you could get to them. Jim Hartzell, who resides on Shasta Avenue, questioned if the main concern_of'.this was to remove the Coastal Commission of any jurisdiction over the City waterfront? Councilman Lemons questioned Mr. Crump if the City does not have a designation of a harbor port, would that mean the City has no permit issuing authority on the waterfront at all? In other words, the people of Morro Bay would not come to the City at all for their permits, but would go directly to the Coastal Commission? Mr. Crump replied in the affirmative. Councilman Lemons stated the rest of the City, which is in the Coastal Zone, would come to the City and the City would issue them their permits. After being questioned whether it was possible to set up a port or harbor authority that would not have funding ability, Mr. LeSage stated he would respond to that question at Council's next meeting. Mayor Dorn continued this item to the next meeting. C-3 FINANCE REPORT FOR SIX MONTHS ENDING DECEMBER, 1981, FOR 1981-82 FISCAL YEAR Mr. Baxter stated Mr. Sibbach has prepared a six month financial report for Fiscal Year 1981-82, indicating expenditure and revenue status for the City as of December 31, 1982. Mr. Sibbach reported briefly on the budget and stated there were no foreseeable major problems, the revenue is coming in as expected and the cash position was good. He stated the capital projections show that the large items have not been expended but that was because they were only now going to bid for things like the water tanks and the Wastewater Treatment Plant. The report was accepted and no action taken. C-4 REPORT REGARDING ADDITIONAL EVENING TRANSIT SERVICES FOR SENIOR CITIZENS Mr. Baxter stated this item had been heard at the beginning of the meeting. C-5 CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION FOR NAMING OF UNNAMED CREEK Mr. Baxter stated the Planning Commission, after review and research, has recommended that a more appropriate name for "Unnamed Creek" which flows through the north Morro Bay area into the ocean, be considered. Mr. Baxter explained historical information still leads many of the old-timers in the City to refer to it as "Paul Creek" after a grain farmer who originally settled near the creek. Based on that information, the MORRO BAY CITY Regular Meeting Page Thirteen COUNCIL MINUItS • - February 8, 1982 Planning Commission is recommending to Council that "Unnamed Creek" be changed to "Alva Paul Creek". MOTION: Councilwoman Ward moved the Council adopt the recommendation of the Planning Commission as submitted and that staff be directed to prepare the necessary paperwork for processing the name change. The motion was seconded by Councilman Anderson and unanimously carried with Councilwoman Deutsch being absent. (4-0-1) C-6 APPEAL BY MORRO BAY STOWAWAY FOR A VARIANCE FOR REQUIREMENT OF SECTION 14.7 nF TNF MnDDn Rw MIIAITrTD/U rnnr rl non nAmArr . Mr. Bressan stated the condition that Mr. Cornett is asking for a Variance on is not the whole structure, but to allow for non -water -tight doors on the ground floor, which is below the base elevation. It is the applicant's position that the cost of make the 37 ground floor doors watertight would be prohibitive and far offset the potential insurance cost of the contents of the building if flooding did occur. Staff is recommending that in 4iew of the intended use of the ,proposed project, a mini -storage, which will not be inhabited by anyone, as well as the minor nature of the variance request for non -water -tight doors, and that all other structural components are within the requirements for construction in a flood plain area, that the City Council grant the requested Variance to Morro Bay Stow -Away with. the condition that all perspective renters of the mini -storage facilities on the ground floor of the project be required to either obtain flood insurance for the contents of their unit, or sign a waiver for flood insurance and acknowledge the possibility of flood damage to contents of the unit during a 100-year flood, by adoption of the proposed resolution. Mr. LeSage stated the laws for liability from inverse condemnation from flood damage is pretty severe as it relates to the City. If there are any upstream improvements which are public and would contribute in any significant way, then the City could be liable. He recommended adding a third condition, that the owner indemnify the City from any claim. Mr. Jim Cornett, applicant, stated he would be in favor of this condition. MOTION: Mayor Dorn moved the Council approve this Variance as recommended with the inclusion of the third condition, that the owner indemnify the City from any claims, by Adoption of Resolution No.14-82. The motion was seconded by Councilman Anderson and unanimously carried by the following roll call: AYES: Anderson, Ward, Lemons, Dorn NOES; None ABSENT: Deutsch MORRO BAY CITY Regular Meeting Page Fourteen COUNCIL MINUTES • —February 8, 1982 C-7 BID NO. PW 82-35 FOR THE CONSTRUCTION OF THE CITY'S BUS MAINTENANCE FACILITY Mr. Bressan stated the City for some time has been the recipient of a grant, SB-620, for Funded Bus Maintenance Facility Construction Project. He stated on February 4, 1982, they opened bids for the facility after having it designed by a local architectural firm, and it was intended for the structure to come in under the amount of $100,000. Mr. Bressan stated that when the bid came in, the low bid was for $119,000. He noted there also was an Architectural fee of 8% of construction cost to be added to this. Mr. Bressan stated staff had pared the building down to the most spartan structure they could get and still have a reasonable project. At this time the Architects estimate the building would cost under the $100,000, including their fees. Mr. Bressan stated he had looked into possible alternative fundinqs and found one possibility which is STA (State Transit Assistance) fund and they would like to pursue that as an alternate funding project for additional funding, but that does require Council approval. Mr. Bressan stated at this point they were at a project of an estimated $136,000, or a "no -project". Mr. Baxter stated staff recommends that of the bus facility, and that additional or throuah STA be sought. the City proceed with the construction funds, either through ear -marked funds A discussion followed on SB 320 funds and SB25 funding. MOTION: Mayor Dorn moved the Council approve the staff recommendation and award the bid, and direct staff to pursue all avenues of funding through the State and including transfer of monies from the General Fund contingencies to cover cash flow. The motion was seconded by Councilwoman Ward and unanimously carried by the following roll call vote: AYES: Ward, Anderson, Lemons, Dorn NOES: None ABSENT: Deutsch D. CONSENT CALENDAR D-1 CITY COUNCIL MI ER 21 . 1 tinq). JANUARY 11 Staff recommends approval of these minutes as submitted by the Deputy City Clerk. ED]F.itl CITY OF ARING THE MONTH 1 UMAN SERVICES Staff recommends that Council approve a Resolution declaring March, 1982, as Human Services Month and authorize the Mayor to sign on behalf of the City. D- 3 MORRO BAY CITY COUNCIL OTES • Regular Meeting - February 8, 1982 Page Fifteen D-3 (Continued) SECTION 23302 OF THE ELECTIONS CODE Staff recommends that Council approve Resolution No. 06-82 and have the Mayor sign on behalf of the City. D-4 MINUTES AND ACTION OF THE REFUSE COLLECTION FRANCHISE BOARD, FEBRUARY 3, 1982 Staff recommends that Council adopt the Refuse Franchise Board's recommendation for curbside variance for nineteen individuals who have proven hardship cases. D-5 VISITATION OF COASTAL CONSERVANCY DIRECTOR ON FEBRUARY 9, 1982, TO T-PIER A� e TUCD DDn.WrT CTTCC Mr. Baxter noted this was an informational item only, or if three or more Council members wish to go along with Mr. Petrillo and Mr. Grenell during their visitation, it would be appropriate for Council to adjourn to a February 9th meeting for that purpose. D-6 CHAMBER OF COMMERCE EXPENDITURE REPORT FOR THE MONTH OF JANUARY 1982 Mr. Baxter stated the Finance Director had reviewed the Expenditure Report for the Chamber of Commerce for accuracy and compliance with the Community Promotion's Contract, and staff recommends Council authorize the expenditure of $1,114.31 by the Chamber of Commerce for the month of January, 1982. D-7 REQUEST FROM COMMUNITY BAND TO SELL BALLOONS (Added Agenda Item) Mr. Baxter stated he had received a request from the Community Band to sell balloons at an event they were holding on February 14, 1982, at the Chessboard Park on the Embarcadero. This requires Council consent. Councilwoman Ward stated there was an error in the December 21, 1981, meeting minutes. She was absent from that meeting and unable to vote on any motion. MOTION: Councilwoman Ward moved the Consent Agenda be accepted as presented with the change noted in the December 21, 1981 minutes. The motion was seconded by Mayor Dorn and unanimously carried by the following roll call vote: AYES: Anderson, Ward, Lemons, Dorn NOES: None ABSENT: Deutsch E. INDIVIDUAL DETERMINATION AND/OR ACTION Mr. Baxter requested that a brief Executive meeting be held. Councilman Lemons stated he had just received a phone call from Cayucos and essentially they did not take any new action. Councilman Lemons stated a meeting had been hald which included himself, Mr. Baxter, Mr. Bressan, Council- woman Ward and two members of the Cayucos Water Board, on Monday February 1, 1982, wherein they had tried to impress upon them how important and necessary it was for them to reconsider their position to drop out of the grant program for a variety of reasons. Councilman Lemons stated the Cayucos Board was told that it 0 MORRO BAY CITY Regular Meeting Page Sixteen COUNCIL MINUTES - February 8, 1982 they pull out of the grant and the City were to lose it, there wouldn't be any grant money and whatever repairs need to be made will have to be made with local funds. Councilman Lemons noted he did not think they really realized how bad that would make it for Cayucos as well as Morro Bay. The phone call stated they had not changed their position. Councilman Lemons suggested they have a little more input from staff between now and the next meeting of February 22, and the Council could make adecision at that time. Mayor Dorn stated that one of the solutions to the problem might be the formation of a Sanitation District wherein they are a full partner with anyone in the district. Councilman Lemons stated he could not conceive of anybody agreeing to form a Sanitation District to take over an old broken-down plant. His concern was that we get that grant and go forward. Mr. Baxter stated this is where the litigation comes in and this needed to be discussed in a Closed Session because of a number of legal ramifications. A discussion followed with regard to whether to place this on the June ballot, plans still being at the State for approval, etc. The meeting was adjourned to Closed Session at 11:06 p.m. The meeting was reconvened at 11:24 p.m. MOTION: Mayor Dorn moved Council direct the City Attorney to prepare correspondence to the Cayucos Sanitation District, indicating the City's intent to proceed with the application for grant funding for the sewer plant and to outline the ramifications of such action in the event a grant was awarded and Cayucos did not participate. The motion was seconded by Councilman Lemons and unanimously carried with Councilwoman Deutsch being absent. (4-0-1) MOTION: Mayor Dorn moved the meeting be adjourned to 1:30 p.m., Tuesday, February 9, 1982, at the Morro Bay City Recreation Building; thence to Coleman Park to meet with members of the Coastal Commission. The motion was seconded by Councilman Lemons and unanimously carried with Councilwoman Deutsch being absent. (4-0-1) The meeting was adjourned at 11:30 p.m. RESPECTFULLY SUBMITTED, NEL I�IL, SECRETARY We petition the City of Morro Bay to remove the barrier it has placed across an historic access from a public way to the public beach and dunes. The blocking of the 54th Street access is a direct contradiction to the Morro Bay Local Coastal Plan recently submitted by the City Council to the State Coastal Commission. '1 �v z 3 `'O-zd tc ��i y 73 G` 3 3 — 02 I A, DO � n Acx,-, �1I, 0'. 2-3 fz it � �oC��✓1'` s171 . �- Z 6 C) � �< z`trv�.ticJ—D� r We petition the City of Morro Bay to remove the barrier it has i placed across an historic access from a public way to the public beach and dunes. The blocking of the 54th Street access is a direct contradiction to the Norro'Bay Local Coastal Plan recently submitted by the City Council to the State Coastal Commission. k 4�1 pry Tf= /So �nrra- c t wilt' n q yo 51 # 2 70 S /fF_M6 CCA . /- 3i --Z' Z' .6 t/tL.xt1 M1 0 i MORRO BAY CITY COUNCIL Regular fleeting Agenda - January 25, 1982 Recreation Hall - 7:30 p.m. Call to Order Pledge of Allegiance- Horace Strong, representing veterans Invocation - Dick Hudson, Foursquare Gospel Church EMPLOYEE RECOGNITION - 15 YEAR SERVICE PIN AWARDS A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 ORDINANCE PROVIDING FOR THE REMOVAL OF UNSEAWORTHY VESSELS, DOCKS OR OTHER MANMADE FLOATING STRUCTURES n nu 1, rn SEGTIOn 15 28 940 OF I 1 MU G i+or—ai-vifacfccE � r EwBxw$ occl xorr IO c o of THE Pr9R"�8 BAIL6NIEIPA6 9D€ B. UNFINISHED BUSINESS B-1 MANDATORY REFUSE COLLECTION AGREEMENT - CITY OF MORRO BAY AND MORRO BAY GARBAGE B-2 REPORT ON TIPSY TAXI PROGRAM B-3 AN ORDINANCE AMENDING SECTION 15.28.040 OF THE MORRO BAY MUNICIPAL CODE REDEFINING MOORING POLICY (SECOND READING) B-4 AN ORDINANCE AMENDING SECTION 13.04.230 OF THE MORRO BAY MUNICIPAL CODE FOR COLLECTION OF PAST DUE ACCOUNT (SECOND READING) B-5 SCHEDULE OF FEES FOR FUTURE CITY LEASES B-6 DETERMINATION OF WEED ABATEMENT APPEAL C. NEW BUSINESS C-1 CONSIDERATION OF BAY AMBULANCE RATE INCREASE REQUEST C-2 CONSIDERATION OF APPOINTMENT OF REPRESENTATIVE TO AREA COUNCIL OF GOVERNMENTS CITIZEN'S TRANSPORTATION ADVISORY COMMITTEE C-3 REQUEST FOR APPROPRIATION OF FUNDS FOR REPAIR OF WASTEWATER TREATMENT PLANT PURSUENT TO REGICN,AL WATER QUALITY CONTROL BOARD ORDER C-4 EXTENSION OFCONTRACT WITH CALIFORNIA WEST FOR PROPERTY MANAGEMENT SERVICES C-5 REFUSE FRANCHISE BOARD ACTION AND RECOMMENDATION D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES - SPECIAL MEETING OF 9969?BER "R = 1°°�1, AND JANUARY 7, 1982 D-2 CITY COUNCIL MINUTES - REGULAR MEETING JANUARY 11, 1982 D-3 AMENDMENT NO. 2 TO JOINT POWERS AGREEMENT - NORTH COASTAL TRANSIT D-4 AMENDMENTS AND ADDITIONS TO THE CITY'S CLASSIFICATION PLAN D-5 SALARY SURVEY AND AMENDMENTS TO DEPARTMENT HEAD SALARY RANGES D-6 REQUEST FOR HANDICAP CURB MARKINGS AT 760 AND 410 MORRO BAY BOULEVARD D-7 RESOLUTION OF CITY COUNCIL COMMENDING STEPHEN A.PAUL FOR HIS SERVICES AS PLANNING COMMISSIONER CONSENT CALENDAR (C*INUED) D-8 ABANDONED VEHICLE ABATEMENT CONTRACT WITH THE CALIFORNIA HIGHWAY PATROL D-9 AN ORDINANCE ADDING SECTION 2.09 TO THE MORRO BAY MUNICIPAL CODE (CONSOLIDATION OF ELECTIONS) (SECOND READING) D-10 APPROVAL OF MASTER AGREEMENT FOR STEP III OFFICE ENGINEERING SERVICES BETWEEN THE CITY OF MORRO BAY AND BROWN AND CALDWELL. D-11 FINANCIAL REPORT FOR DECEMBER 1981. E. INDIVIDUAL DETERMINATION AND/OR ACTION F-1 CITY COUNCIL E-2 CITY ATTORNEY E-3 CITY ADMINISTRATOR 0 46 MORRO BAY CITY COUNCIL Regular Meeting - January 25, 1982 Recreation Hall, 7:30 P.M. The meeting was called to order by Mayor Protem Lemons at 7:30 P.M. The Pledge of Allegiance was led by Police Chief Al Olson and the invocation was given by Reverend Dick Hudson, Foursquare Gospel Church. ROLL CALL PRESENT: Rodger Anderson Councilman Dorotha Deutsch Councilwoman John Lemons Mayor Protem Herminia Ward Councilwoman Warren M. Dorn Mayor STAFF: Paul Baxter Michael LeSage Murrel Crump Jim Funk Gary Napper Al Olson Gere Sibbach Mike Wolski Bernie Zerr Nellie Cecil EMPLOYEE RECOGNITION City Administrator City Attorney Community Development Director Chief Harbor Patrol Officer Administrative Assistant Police Chief Director of Finance Associate Civil Engineer Fire Chief Community Development Secretary Mr. Baxter stated in recognition of more than fifteen years of service with the City, Mayor Protem Lemons would present gold pins to the following people: Fred Oaks, Fire Captain; Manuel Venancio, Leadworker-Parks; Nellie Cecil, Secretary; Stephania Evans, Police Officer; David Peterson, Worker II, Water; Gerald Ramos, Maintenance Supervisor; Robert Conn, Wastewater Treatement Plant Operator; Richard Huntington, Worker III, Water; Donna Ramos, Typist Clerk III; and Darrel Richards, Superintendent, Sanitary. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 ORDINANCE PROVIDING FOR THE REMOVAL OF UNSEAWORTHY VESSELS, DOCKS OR OTHER MANMADE FLOATING STRUCTURES Jim Funk explained the proposed ordinance was prepared to allow the Harbor Patrol Officers the authority to review the seaworthiness of any vessels, docks, or other floating structure within Morro Bay Harbor and in the event such vessel or structure is deemed to be unseaworthy, that it could be removed or abated from the Harbor waters. Mr. Funk stated this would be an Ordinance over and above provisions of Harbors and Navigational Code, Section 522. Mr. Funk stated there were seven vessels moored in the bay at present that were derelicts and unseaworthy and needed immediate removal for the safety of the harbor. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - January 25, 1982 PAGE TWO Councilwoman Deutsch expressed her concern that if the owners of the boats were paying proper rent for mooring, their boats should not be removed no matter how unseaworthy they were. Mayor Protem Lemons opened the hearing to the public. MAYOR DORN IS NOW PRESENT, 7:50 P.M. Fred Wright stated he did not understand why this particular ordinance was being presented, what the purpose was and what Mr. Funk hoped to receive by it. He stated under Navigational Code 522 there were provisions to eliminate any vessels that are considered derelict and to remove abandoned property. Mr. Wright questioned the meaning of the word "unseaworthy". He stated this Ordinance would make it possible for Mr. Funk or Mr. Bressan to declare his boat "unseaworthy", and he would have to take his vessel out of the harbor to prove it was seaworthy. He objected to the authority Mr. Bressan would have in determining if a vessel were unseaworthy. Mr. Funk stated the owner of a vessel would have the right to appeal to either the Harbor Patrol Officer, the Public Services Director or the City Council. Mr. Wright stated he was not against the removal of abandoned vessels. He stated he had collected the signatures of forty-one persons who were against this Ordinance as presented and felt there were enough existing Ordinances in the Morro Bay Code without the addition of this one. Richard Smith stated he was a newcomer to Morro Bay and the impression he was getting was there were derelict boats that were eyesores which the Harbor Patrol wanted to get rid of. He stated there were many boats designed and built in the bay that may not be beautiful to someone else, but they were beautiful to the owner. He noted some of these boats were not built to go outside the bay. Mr. Funk stated this Ordinance would enable the City to recoup the cost of removal and disposal of the vessel from the owner of the craft. He chose this method after studying Ordinances of all Cities up and down the Coast. Councilwoman Deutsch questioned the City Attorney as to whether the City did not already have an Ordinance to recoup the cost of removing abandoned vessels. Mr. LeSage answered that to his knowledge there was not. Cliff Smith, Chairman of the Harbor Advisory Committee, stated his committee had reviewed this Ordinance and reviewed other Ordinances from different Cities and found Moss Landing had almost the identical Ordinance that was proposed for Morro Bay. Mr. Smith felt it would make the owner responsible for having to take care of the derelict vessels which there are at present some that the Harbor Patrol has to maintain and keep pumped out as the owners do not care about them. He stated the Harbor Advisory Committee recommended adoption of this Ordinance. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - January 25, 1982 PAGE THREE Mayor Dorn commented he had toured the harbor with the Harbor Patrol and noted old barges, docks half submerged, and attractive nuisances which children could play on and get hurt. He was concerned with the danger to the bay with this type of objects floating around. Mr. LeSage stated the only other way the City could get rid of this would be to have a law suit for each one which would be very costly and time consuming. Councilman Anderson questioned Mr. Funk as to what protection a disabled vessel being repaired would have to stay longer than one hundred days. Mr. Funk explained it was not the intention of the Harbor Patrol Officer to unjustly harass boat owners or to impose his ideas of what was beautiful or not beautiful, but to remove abandoned vessels. The owner always had the right to appeal to the City Council. Jerry Folberay stated he objected to having someone question his lifestyle of living on a boat and having to go before a Council to defend his way of living. He felt the term "unseaworthy" should be defined in some other way in the Ordinance or deleted. He was in favor of keeping the bay clean of debris. Scott Carey, P. 0. Box 1332, read from the Navigational Code 522, and noted there were words to the effect that the City could collect for the removal of derelict or abandoned vessels. He wondered if he had to put an engine in his boat to make it seaworthy. Sheila Case questioned the definition of houseboat, whether it was defined as a "home" or "boat"? Councilman Anderson responded that if it is floating on water, it was a vessel. Mayor Protem Lemons stated he would like to continue this item to the next meeting and ask staff to look into the wording of the first paragraph with regards to the wording of "seaworthy" and "open water". He noted he was having some trouble with the first sentence. MOTION: Mayor Dorn moved this item be continued to the next regular meeting of February 8, 1982. The motion was seconded by Councilman Anderson and unanimously carried. (5-0) A-2 ORDINANCE AMENDING SECTION 15.28.040 OF THE MORRO BAY MUNICIPAL CODE DEALING WITH INSPECTION OF EXISTING BOAT MOORINGS Mr. Baxter noted an error was made in the preparation of the agenda and this item is actually the second reading and considered under Item B-3. B. UNFINISHED BUSINESS B-1 MANDATORY REFUSE COLLECTION AGREEMENT - CITY OF MORRO BAY GARBAGE (Continued) Mr. Baxter stated it was their anticipation that the revised agreement would be brought to Council at this meeting; however, a number of minor delays will cause this matter to be held over to the February 8, 1982, agenda. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - January 25, 1982 PAGE FOUR Howard Gaines distributed copies of newspaper items with regard to court action in Federal Anti-trust laws and discussed this at great length. Mr. LeSage stated he was aware of this case but he did not think this would restrict the City from entering into a franchise. He noted he would have more information on this at the next meeting. MOTION: Mayor Dorn moved this item be continued to the meeting of February 8, 1982. The motion was seconded by Councilwoman Ward and unanimously carried. (5-0) B2 REPORT ON TIPSY TAXI PROGRAM Chief Olson reported on the "Tipsy Taxi" pilot program and deemed the program a success. He noted the total number of "Tipsy Taxi" rides for the period of operation was twenty. Chief Olson stated drunk driving arrests compared to last year dropped down from sixteen in 1980 to seven this year. No alcohol involved traffic collisions occurred this year as compared to two last year. Chief Olson noted the total cost for the entire program was between $400 and $500. He recommended that on extended holiday weekends when celebrating and drinking are involved, the "Tipsy Taxi" Program be implemented. MOTION: Mayor Dorn moved the City Council approve the recommendation and commend all those involved, including the press, of a job well done and to look into the possibility of receiving State funds and to refer it to the 1982-83 budget. The motion was seconded by Councilwoman Deutsch and unanimously carried. (5-0) Councilwoman Deutsch stated she had an opportunity to go through a Neighborhood Watch Program and thought it was an excellent program and hoped to bring this up at the 1982-83 budget session. B-3 AN ORDINANCE AMENDING SECTION 15.28.040 OF MOTION: Mayor Dorn moved this Ordinance be read by title only. The motion was seconded by Councilwoman Deutsch and unanimously carried by the following roll call vote: AYES: Anderson, Deutsch, Lemons, Ward and Mayor Dorn NOES: None Mr. Baxter read Ordinance No. 218, An Ordinance Amending Section 15.28.040 of the Morro Bay Municipal Code Redefining Policy, by number and title only. MOTION: Mayor Dorn moved to adopt Ordinance No. 218. The motion was seconded by Councilwoman Deutsch and unanimously carried by the following roll call vote: AYES: Anderson, Deutsch, Ward, Lemons and Mayor Dorn. NOES: None. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - January 20, 1982 PAGE FIVE B-4 AN ORDINANCE AMENDING SECTION -13:0.4.230 OF THE MORRO BAY MUNICIPAL CODE MOTION: Councilwoman Deutsch moved this Ordinance be read by title only. The motion was seconded by Mayor Dorn and unanimously carried by the following roll call vote: AYES: Anderson, Deutsch, Ward, Lemons, and Mayor Dorn NOES: None. Mr. Baxter read Ordinance No. 217, An Ordinance Amending Section 13.04.230 of the Morro Bay Municipal Code for Collection of Past Due Accounts, by number and title only. MOTION: Councilman Anderson moved to adopt Ordinance No. 217. The motion was seconded by Mayor Dorn and unanimously carried by the following roll call vote: AYES: Anderson, Deutsch, Ward, Lemons, and Mayor Dorn. NOES: None. B-5 SCHEDULE OF FEES FOR FUTURE CITY LEASES Mr. Baxter requested this matter to be continued to a date uncertain for additional information as submitted by the County Assessor and Mr. Jack Wallace. He noted the matter was delayed due to the fact that the Assessor has been unable to collect responses from all of the leaseholders along the Embarcadero. MOTION: Mayor Dorn moved this item be continued to a date uncertain for further information. The motion was seconded by Mayor Protem Lemons and unanimously carried. (5-0) B-6 DETERMINATION OF WEED ABATEMENT APPEAL Mr. Baxter stated the Council heard an appeal from a property owner of Lots 40 and 41 in Block 4, Morro Del Mar Tract #l, at their last meeting. The Department of Public Works has reviewed the appeal and feel that they cannot determine from their records whether or not the lot had been mowed and had grown back or had been mowed inadequately. Mr. Baxter stated because of the uncertainties in the case, the Department is recommending that the City refund the property owner, Mr. Hosford, the $46.00 as requested. MOTION: Councilwoman Deutsch moved the City refund the amount of $46.00 to Mr. Hosford. The motion was seconded by Mayor Dorn and unanimously carried by the following roll call vote: AYES: Mayor Dorn, Ward, Deutsch, Anderson, and Mayor Protem Lemons. NOES: None. C. NEW BUSINESS MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - January 25, 1982 PAGE SIX C-1 CONSIDERATION OF BAY AMBULANCE RATE INCREASE REQUEST Mr. Baxter noted the Council had received a copy of a rate increase request from Bay Ambulance and the staff report prepared by the County of San Luis Obispo when the matter of an increase was discussed by the Board of Supervisors at their meeting in December 7, 1981. Mr. Baxter stated the Board of Supervisors approved the rate request based upon Bay Ambulance's termination of any subsidy payments from public agencies, the percentage of dry runs that Bay Ambulance experiences and current costs of operating. Staff recommends the Council approve the rate increase as requested for Bay Ambulance Service and direct staff to notify the County and Bay Ambulance of Council's action. MOTION: Mayor Dorn moved the Council approve the rate increase as requested for Bay Ambulance Service. The motion was seconded by Mayor Protem Lemons for discussion. Councilwoman Ward stated it was hard for her to accept such a large rate increase, from $214.50 to $345.00. She questioned Mr. Barker as to the meaning of five or more stairs and was informed by Mr. Barker they did not consider it to be stairs unless there were over five steps. He noted this charge includes a flight of stairs to the second story. Councilwoman Deutsch questioned Mr. Barker as to what was the overall percentage of the other ambulatory services, such as charges for E.K.G's, splints, etc. Mr. Barker answered the only charges raised were what was shown on the chart before her. He stated there has not been any raises in the charge since two years ago last December. Mayor Dorn reiterated that the Ambulance Service would go out to bid in November. Councilwoman Deutsch stated she would like to have on the bid process, the total of everything that they bid on. Mr. Baxter stated the bid would be a joint project between the City and the County Special Services District. Mayor Protem Lemons stated it was his understanding that the subsidy has been discontinued. MOTION: The motion was carried by the following roll call vote: AYES: Anderson, Ward, Mayor Dorn and Mayor Protem Lemons NOES: Deutsch C-2 CONSIDERATION OF APPOINTMENT OF REPRESENTATIVE TO AREA COUNCIL OF Mr. Baxter stated correspondence was received by the Council of Governments requesting that the Council appoint a local citizen to a subcommittee of the County Area Governments Transportation Advisory Committee. Mr. Baxter noted this item had been duly noticed according to the requirements of the Maddy Act and has been brought to Council for their consideration and appointment. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - January 25, 1982 PAGE SEVEN MOTION: Mayor Protem Lemons moved this item be continued to the meeting of February 8, 1982, as to date there have been no recommendations for appointment to this subcommittee. The motion was seconded by Councilwoman Ward and unanimously carried. (5-0) C-3 REOUEST FOR APPROPRIATE OF FUNDS FOR REPAIR OF WASTEWATER TREA Mr. Baxter stated Councilmembers had received a memorandum from the Director of Public Works which summarizes the amount of repairs to be made on the Wastewater Treatment Plant that would bring the plant in compliance and remove the hookup ban recently placed on the plant by the Regional Water Quality Control Board. The total amount is approximately $200,000.00. Mr. Baxter explained that until certain legal aspects and potential litigation can be discussed during a Closed Session, he would request that deliberation of this matter be held over. After discussion as to when an Executive Session should be held, the following motion was made: MOTION: Mayor Protem Lemons moved this item be postponed until the end of this meeting, after the Executive Session, for action. The motion was seconded by Mayor Dorn and unanimously carried. (5-0) C-4 EXTENSION OF CONTRACT WITH CALIFORNIA WEST FOR PROPERTY MANAGEMENT SERVICES Mr. Baxter explained the current contract with California West expires January 31, 1982, but timing on the contract was based earlier in August on the fact that the Assessor would have been completed with their work on or by mid -December and California West was going to be allowed 45 days for preparation of a report and presentation to Council. Mr. Baxter stated the Assessor has now indicated that it will be at least until the latter part of March that their information would be available in summary form and audited so that California West could prepare their report for the City. Mr. Baxter stated he had discussed this with California West and negotiated for the City a reduced rate which reflects a lower level of activity that will be performed by California West for a period of time, but also includes considerations for a final report and also a report to Council passed the end of April should that occasion arise. Staff recommends that Council approve an extended contract with California West through April 30, 1982, for the sum of $2,400 (which amounts to $800.00 a month), and that the Mayor and City Administrator be authorized to sign on behalf of the City. Councilwoman Deutsch commented that the Council would not be authorizing more work, but would only be authorizing this amount for the time Mr. Wallace would be spending to coalate these reports as the information comes in from the Assessor's Office. She questioned the Administrator as to what type of work was done for the money spent to date. Mr. Baxter stated that not only had Mr. Wallace performed the work contracted for, he had also been meeting with all the County leaseholders, who seem to be very interested in renegotiating their leases to City leases, but they are all pending the outcome of MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - January 25, 1982 PAGE EIGHT the Assessor's Report. There are enforcement problems that Mr. Wallace has been working on in addition to schedulingchanges that were not anticipated in the original agreement, Mr. Baxter noted. Councilwoman Deutsch expressed her concern that every day that goes by and these leases remain the same, the City is losing uncounted money. She stated she would prefer to have the work done under the supervision of the City rather than an independent company. She suggested that the City complete the work to be done by Mr. Wallace and his Company, and then hire a full time person to work eighty percent of his time on these leases. Mr. Baxter noted for the Council's information that the Harbor Fund is a Trust Fund which only revenues received from that can be spent for that purpose and it would be quite possible that the fund could have an employee whose services and wages would be charged back into the Harbor Fund for maintenance of records, supervision, updating and inspections of leases. MOTION: Mayor Dorn moved the City Council accept the extension of the contract as recommended by Staff. The motion was seconded by Councilwoman Deutsch. Mr. Howard Gaines stated he had done some studying on this subject and read a letter from Mr. Jack Wallace to the City on July 28, 1981, and a letter from the Assessor's Office to Mr. Paul Baxter, and also a letter from California West dated May 21, 1981, to the County Assessor's. Mr. Gaines stated this started out as a $3,500. deal for a three month contract. The object of it was to do certain performances, which in his opinion left out the real gist of the matter, was the collecting of the back rent, there was no schedule of that, and also checking on the improvements of the old County leases. Mr. Gaines stated another appropriation for $7,000. was made. He stated $10,500. have been spent already and they are asking for another $2,500. and meanwhile the Assessor is going to do the lion share of the work. Mr. Wallace stated he would do the whole job for $6,000., provided the City gave him certain information, and then he agrees to do it the following two years for less than $2,400. Mr. Gaines did not see why the City should pay this man for standby time. Mr. Gaines stated he took exception to Mrs. Deutsch's comments about there was nothing you could do about the County leases. Councilwoman Deutsch answered she had not said that, she had said: •"the County Assessor and his time that he is taking to get us the report". Mr. Gaines stated in the letter from Mr. Wallace to Dick Frank, County Assessor, May 21, "....based on discrepancies in property values and in order to be in compliance with their lease stipulating appraisal has to be made by the County Assessor". Mr. Gaines asked since when, the City being a legal entity, do they have to depend on the County to do their job. Mr. LeSage asked to clarify one point and stated.that County leases require the County to determine value of those particular leases and the City has no choice in the matter. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - January 25, 1982 PAGE NINE Councilwoman Deutsch stated the Council has gone over this many, many times. Mayor Protem Lemons admonished Mr. Gaines that the subject was about the amendment to the contract and requested he speak to that subject and not to the County Leases, or sit down. Mr. Gaines stated he was speaking about the terminology of the Assessor. Mayor Protem Lemons again requested Mr. Gaines to speak to the amendment of the contract. Mr. Gaines stated the term the County Assessor used in the original lease shall mean an independent Real Estate Appraiser selected for the City of Morro Bay. Mayor Protem Lemons advised Mr. Gaines not to pontificate, that he had just heard from the City Attorney and if he did not want to speak to the issue before the Council, he would be asked to sit down. Mr. Gaines stated he was not pontificating, he was bringing out a point where the City neglected to note where a lease came due on March 1, 1981. Mayor Protem Lemons again informed Mr. Gaines to either speak to the issue or he would ask Chief Olson to sit him down. Mr. Gaines refused to sit down. He complained he was being interfered with his civil rights and his right to free speechwas violated. He noted he would bring this up on the agenda under a separate item. Chief Olson accompanied Mr. Gaines to his seat. MOTION: Mayor Dorn again moved for the extension of the contract. The motion was seconded by Councilwoman Ward and carried by the following roll call vote: AYES: Deutsch, Ward, Lemons and Mayor Dorn NOES: None ABSTAIN: Anderson RECESS: 9:15 P.M. RECONVENED: 9:35 P.M. Mayor Dorn assumed his chair and conducted the meeting. C-5 REFUSE FRANCHISE BOARD ACTION AND RECOMMENDATION Mr. Baxter stated on January 20, 1982, the Refuse Franchise Board met for the first time to organize their Board, develop a work schedule, and also consider a determination that certain policy items will reflect their evaluating requests made to the City for variances in the City's mandatory garbage ordinance. Mr. Baxter stated the Board has requested that Council ratify their action which relate to terms of office and variances and related evaluating standards. .The Board also adopted their by-laws. Staff recommends the Council approve the by-laws and procedures for evaluating refuse variance standards for hardship cases and terms of office as submitted by the Refuse Franchise Board. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - January 25, 1982 PAGE TEN MOTION: Councilwoman Deutsch moved the Council approve the by-laws and procedures submitted by the Refuse Franchise Board. The motion was seconded by Mayor Dorn and unanimously carried. (5-0) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES - SPECIAL MEETING OF DECEMBER 21, 1981, AND JANUARY 7, 1982 Mr. Baxter noted due to his secretary's illness, the minutes of December 21, 1981, were not ready to be acted on. He requested the minutes for January 7, 1982, and the Adjourned Meeting for January 11, 1982, held on January 15, 1982, be considered. D-2 CITY COUNCIL MINUTES REGULAR MEETING JANUARY 11, 1982. Mr. Baxter stated this item had been addressed under Item D-1. D-3 AMENDMENT NO. 2 TO JOINT POWERS AGREEMENT - NORTH COASTAL TRANSIT PLAN Staff recommends approval of a Resolution authorizing the Joint Powers Agreement for Regional Transportation and also to authorize the Mayor and the City Clerk to sign on behalf of the City. D-4 AMENDMENTS AND ADDITIONS TO THE CITY'S CLASSIFICATION PLAN Staff recommends Council adopt a classification and specification for three new positions which may be considered for fiscal year 82/83 during budget time and also amend in concurrence with the Chief of Police, three additional classifications which more clearly reflect current job requirements for those positions. D-5 SALARY SURVEY AND AMENDMENTS TO DEPARTMENT HEAD SALARY RANGES Staff recommends Council adopt a Resolution which provides for management salary ranges in the City of Morro Bay. D-6 REQUEST FOR HANDICAP CURB MARKINGS AT 760 AND 410 MORRO BAY BOULEVARD Staff recommends that Council approve the request of the San Luis Obispo County to paint the curbs blue at these two locations to allow for handicap access. D-7 Mr. Baxter stated at Council's request, a Resolution has been prepared commending Mr. Paul for the work he has devoted to the Morro Bay Planning Commission for their adoption. D-8 ' ABANDONEDVEHICLE ABATEMENT CONTRACT WITH THE CALIFORNIA HIGHWAY PATROL Staff recommends Council adopt a Resolution which would allow for the City of Morro Bay to contract with the State of California for abatement of vehicles. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - January 25, 1982 PAGE ELEVEN D-9 AN ORDINANCE ADDING SECTION 2.09 TO THE MORRO BAY MUNICIPAL CODE CONSOLIDATION OF ELECTIONS SECOND READING Staff recommends that Council adopt Ordinance 215 by title and number only and that this constitutes the second reading. D-10 APPROVAL OF MASTER AGREEMENT FOR STEP III OFFICE ENGINEERING SERVICES BETWEEN THE CITY OF MORRO BAY AND BROWN AND CALDWELL Staff recommends that Council approve a Resolution approving Master Agreement for Agreement for Step III Office Engineering Services between the City of Morro Bay and Brown and Caldwell and hold the Wastewater Treatment Plant portion in abeyance until a clarification has been made regarding the outcome of the plant. D-11 FINANCIAL REPORT FOR DECEMBER, 1981 Staff recommends that Council approve the Financial Report for December, 1981, as submitted. Councilwoman Ward questioned ,the Police Chief on Item 8 as to what would the Highway Patrol be abating? Chief Olson replied this was a contract to abate abandoned vehicles on private property and to allow for City reimbursement for costs. Councilwoman Ward questioned Item D-10, wherein the contract talks about time -frame. Mike Wolski stated the specific amount is for the duration of the contract. Mr. Baxter stated the tentative schedule for completion is for July or August of this year. Councilman Anderson questioned Item D-11, "Gary's Muffler and Wheel Service", to convert Police Cars to DU. He questioned the meaning of "DU". Chief Olson stated a new law now allows Police Vehicles to convert and get rid of smog devices. We now have better running vehicles with better performance. In the future the City will be able to buy Police cars without smog devices. Mayor Protem Lemons questioned Item D-5 as to whether or not this should not be brought up under Budget Hearings. Mr. Baxter stated it could but that the work tasks could be done now to alleviate the impact of the work load on the Assistant Administrator during budget time. He explained this was his attempt to push some of that work load out of the budget period, but the funds for any salary increases would have to be approved when the new budget was adopted. After being questioned by Mayor Protem Lemons with regard to Item D-9, Mr. Baxter stated the enactment of the legislation last fall was made under an urgency statutue and there was a question as to whether or not the State Legislation went into effect at that time or really went into effect January 1, 1982. The City of Morro Bay adopted an ordinance prior to January 1, 1982, and it was the recommendation of the Secretary of State's office that to make sure the Council's action really was "legal", the City should go ahead and readopt their Ordinance after January 1, 1982. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - January 25, 1982 PAGE TWELVE Mr. LeSage confirmed the statements made by Mr. Baxter. Councilman Lemons stated it was his understanding that the contract between the City of Morro Bay and Brown and Caldwell for Construction of the Morro Bay/Cayucos Outfall and Improvements to the Morro Bay/Cayucos Wastewater Treatment Plant would be written so that after the outfall is completed, the City can, if they so desire, choose another construction management team. Mike Wolski stated this particular contract is addressed as Task Order No. 1 and acknowledged Councilman Lemons as being correct. Councilman Lemons commented that this does not necessarily hire Brown and Caldwell to be the construction manager for the treatment plant work when that comes about. Mr. Wolski stated this was specifically for the outfall project for the Office Engineering services that would support that project. Councilwoman Deutsch stated she did not disagree with Mr. Baxter's recommendation on Item D-5; however, she did not feel it should be predicated on what other Cities in the County are paying their employees. She felt that it should be considered on the complexity of the job for a City of this size. Councilwoman Deutsch stated that when a person works for the City of Morro Bay as a Department Head, they do not have just one task, but more like six, and she did not feel that it should be predicated on what a person in San Luis Obispo does with two assistants and two secretaries., She did not feel these are comparable. She stated she did not disagree with the range for salaries. MOTION: Mayor Protem Lemons moved the Council approve the Consent Calendar with the exception of D-5. The motion was seconded by Mayor Dorn and unanimously carried. (5-0) Mr. Baxter stated there were two items for a closed session, one related to the Cayucos matter, the other related to the Tideland Settlement regarding the Caratan property. Councilwoman Deutsch stated it came to her attention after the illness of the new Council Secretary who had only worked here for three weeks, that the City does not participate in the State Disability Insurance Program and the City employees do not participate in SBI or MBI. She noted it was shown that this created a hardship for an employee who was new and had not saved up sick -leave. She stated if they had an extended illness, there was no provision for any type of weekly disability payments and felt this was unfair and thought the Council should look into this as this was very important. Staff noted they would bring back a report at the next meeting. Councilwoman Ward stated she would like the Council to invite the Coastal Commission Director and Coastal Commission members to come and visit Morro Bay for the sake of reviewing our LCP. She also wanted to thank P. G. and E. for their exhibits which they had on display Saturday. She stated she had attended both of them and found them to be very educational. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - January 25, 1982 PAGE THIRTEEN Mayor Dorn gave a brief report on his trip to Sacramento to meet with Peter Dangermond on several items. He stated they had discussed the Castle -Rock Marathon Run sponsored by the Department of Parks and Beaches. The race would commence at the Hearst Castle parking lot and comedown on the ocean side of Highway #1, going down to the beach at Cayucos and finish at Morro Rock. Mayor Dorn stated he had informed Russell W. Porter, Associate Director for Statewide Planning and Assistance, that he would bring in a motion this evening authorizing and directing the CAD, Mrs. Sanders, the Public Works Department and other departments to cooperate with the State and use Senator Mello's office, the Governor's office and Russell Porter as a coordinating point. The second item they discussed was the matter of the golf course and Mayor Dorn stated he was pleased to learn that Mr. Dangermond felt as he did, that the main interest was in serving the people's needs for a golf facility and not in making money for the State or for the City or County. Mayor Dorn stated it was the feeling of Mr. Dangermond that the transfer from the County to the City should be made as soon as possible and in that case, just the City and the State would be working together on what future plans are developed. The State is concerned that money had been used from the golf course fees to underwrite other projects throughout the County. Mayor Dorn stated they also discussed the Marina, which is next to the Golf Course, and agreed that the facility should be improved and enlarged to allow for more boats to be housed and to bring in more revenue. Mr. Dangermond had inquired about the sandspit and Mayor Dorn informed him that a very restrictive zone called "Emergency Open Space" had been placed on it. Mayor Dorn stated Mr. Dangermond felt that when Senator Mello's bill to provide for waterfront improvement was.funded, that perhaps money could come from that source or the Conservancy to acquire private property so that sandspit can be saved in its present state for all times for all people. MOTION: Mayor Dorn moved the City Administrator, Recreation Department and Public Works Department cooperate with the State in coordinating the Castle -Rock Marathon Run. The motion was seconded by Councilwoman Ward and unanimously carried. (5-0) MOTION: Mayor Dorn moved for adjournment to a Closed Session. The motion was seconded by Councilwoman Ward and unanimously carried. (5-0) The regular meeting adjourned at 10:01 P.M. into Closed Session. The meeting was reopened from Closed Session at 10:30 P.M. MOTION: Mayor Dorn moved to defer action on Item C-3 until a meeting can be held with representatives of the Sanitation District to determine the future prospects of the plant. The motion was seconded by Councilwoman Ward and unanimously carried. (5-0) Reconvened to Executive Session at 10:35 P.M. i MINUTES - MORRO Regular Meeting PAGE FOURTEEN BAY CITY COUNCIL - January 25, 1982 The meeting was reopened from Executive Session at 10:47 P.M. MOTION: Mayor Protem Lemons moved the meeting be adjourned to the next regular meeting of February 8, 1982. The motion was secondedbyCouncilwoman Ward and unanimously carried. (5-0) The meeting adjourned at 10:48 P.M. By _ �t, PAUL BAXTER, City Clerk PB/nc 0 0 MORRO BAY CITY COUNCIL SPECIAL MEETING - JANUARY 22, 1982 City Hall Conference Room - 5:00 p.m. The meeting was called to order by Mayor Warren M. Dorn at 5:02 p.m. ROLL CALL PRESENT: Rodger Anderson Councilman Dortha Deutsch Councilwoman John Lemons Councilman Herminia Ward Councilwoman Warren M. Dorn Mayor STAFF: Paul Baxter City Administrator Murrel Crump Community Development Director Jim Funk Chief Harbor Patrol Officer Mike Walski Associate Civil Engineer A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 GOLDEN TEE GOLF COURSE TRANSFER TO CITY OF MORRO BAY Mayor Dorn indicated to the Council that he will be attending a meeting in Sacramento on Monday, January the 25th, with Councilman Lemons, and is going to request that the State give the City's request to operate the course priority. He asked that Council provide them with authorization to negotiate with the State in the event an arrangement could be made for the City to operate the course. Supervisor Steve MacElvaine then spoke for the County's concerns for the private operation of the golf course and expressed a hope that the City could take over the operation of the golf course. He also expressed concern that it was inappropriate to transfer revenues from the Morro Bay Golf Course to subsidize activities elsewhere in the County. He stated that the course was now set to generate approximately $100,000 over current operational costs and that these additional monies would be sufficient to pay for the capital improvements that will be required over the next three years on the course. It was his hope that Morro Bay would be allowed to operate the marina and the golf course and that the City could keep rates at a low enough level to allow for maximum public access to the golf course. Both Councilman Lemons and Councilman Anderson spoke to the desirability of the City operating the golf course. MOTION: Councilman Deutsch moved that Mayor Dorn be authorized to negotiate with the State so that the City could take over operation of the golf course and possibly the marina. The motion was seconded by Councilman Anderson and carried unanimously. (5-0) A-2 EIGHTEEN COASTAL PERMITS - HELD OVER FROM THE RECENT COASTAL COMMISSION MEETING Mayor Dorn requested Mr. Crump to provide an explanation regarding the status of the eighteen (18) permits which have been pending before the Coastal Commission since approximately 1977. MORRO BAY CITY Special Meeting Page Two COUNCIL • 46 - January 22, 1982 Mr. Crump explained that the recent meeting of the Coastal Commission to release water to the City of Morro Bay had been delayed since there had been oposition expressed by a local resident that the Commission had not adequately noticed the public regarding this meeting. The resident, Mr. Peter Diffley, representing the Citizen's Action League, felt that the staff report had not also been made available in sufficient time for their review. Mr. Crump then indicated that the Commission continued their meeting to February, to allow for proper noticing of this action to take place. The Mayor then asked for Mr. Crump to explain the method of allocating the water if the water were to be released. Mr. Crump described the water allocation formula that had been approved by Council, which is tailored to comply with Coastal Act priorities and also attempt to take into account historical uses that had been allocated in the City of Morro Bay for the last ten years. Councilman Anderson indicated that a petition was being circulated by our local residents that would enact an ordinance which is contrary to the action Council had taken in compliance with the Coastal Acts direction, and expressed concern that this ordinance, if enacted, would be illegal. MOTION: Mayor Dorn moved that staff take whatever steps necessary at the next Coast Commission meeting to insure that the eighteen (18) applications for water can be approved. The motion was seconded by Councilwoman Ward and carried unanimously. (5-0) A-3 SIX (6) BOAT SLIPS NEAR CITY LAUNCH RAMP Mayor Dorn asked for the status of the construction of six (6) boat slips near the City launch ramp. Chief Harbor Patrol Officer Funk indicated that the construction had been completed and that only the installation of the sea water pump, some electrical and some non-skid material were left to be accomplished. At that time the project would be completed. He estimated that the end of the week would be the last day to work depending on the weather. Mayor Dorn then requested that staff make preparation for a dedication ceremony to acknowledge the completion of this project and that the City Administrator set a date for this to take place. He also suggested that the community band or some other group be invited to participate in this activity and declared that if there are no objections, this would be the order of Council. A-4 T-PIER CONSTRUCTION PROJECT Mayor Dorn requested that staff take steps to prepare a sign which would identify this project and also that the project was funded under a grant from the Coastal Conservancy and the purpose of it, and additonal participants like the contractor .and Council, etc. He felt that the public was not informed sufficiently on this project and that such a sign would eliminate additional calls to City Hall and MORRO BAY CITY COUNCIL 10 46 Special Meeting - January 22, 1982 Page Three staff time that would be taken in answering them. MOTION: Councilman Lemons moved that staff prepare a sign which would appropriately denote all information that Council had spoken to regarding the project, the funding sources, and the participants. The motion was seconded by Councilwoman Ward and carried unanimously (5-0) Mayor Dorn then stated that when the sign was ready, Mr. Petrillo of the Coastal Conservancy and Senator Mello should be invited so that they can participate in the installation. MOTION: Councilman Lemons moved that the Council meeting be adjourned. The motion was seconded by Councilwoman Ward and carried unanmiously. The meeting was adjourned at 5:45 p.m. RESPECTFULLY SUBMITTED, PAUL BAXTER CITY CLERK MORRO BAY CITY COUNCIL Adjourned Meeting - January 15, 1982 Recreation Hall - 5:00 p.m. The meeting was called to order by Mayor Pro tem John Lemons. This was a continued meeting from the regular meeting of January 11, 1982. ROLL CALL PRESENT: Rodger Anderson Dorotha Deutsch Herminia Ward John Lemons ABSENT: Warren M. Dorn STAFF: Paul Baxter John Bressan Murrel Crump Nellie Cecil Councilman Councilwoman Councilwoman Mayor Pro tem Mayor City Administrator Public Services Director Community Development Director Community Development Secretary Councilwoman Ward reported on the meeting with the State Water Quality Control Board held in Santa Barbara that afternoon, attended by City Administrator Paul Baxter, Public Services Director John Bressan and herself, and noted the Regional Water Quality Control Board has determined to place a hook-up ban on all new buildings until repairs are made on the Waste Water Treatment Plant. A. PUBLIC HEARINGS. REPORTS AND APPEARANCES A-1 CONTINUED HEARING ON CONSIDERATION FOR REVISIONS TO LOCAL COASTAL PROGRAM - PROPOSED LAND USE PLAN Paul Baxter noted this hearing had been left open to public testimony from the regular meeting of January 11, 1982, to allow for additional input from the public and due to the fact that there were only three Councilmembers at the last meeting with Councilman Anderson deciding not to vote due to a possible conflict of interest with his family's business located on the Embarcadero. Mayor Pro tem Lemons stated he had listened to the tape of the last meeting and was familiar with the testimony given at that time. Murrel Crump briefly explained the State Coastal Commission's regulations providing for revisions to be submitted prior to the time of final roll call vote on the Land Use Plan. He advised that notification of this local hearing was advertised in the Sun - Bulletin on December 24, 1981, and in the Telegram -Tribune on December 31, 1981, and individual notices to people who had expressed their interest in the proposed Land Use Plan during the week of December 21st, 1981. Mr. Crump stated he had a meeting with representatives from P. G. and E. that afternoon and after discussion, the following revision was suggested on Page 101, Policy 5.12 (b): "The development shall financially participate in the programs to stabilize the dunes MORRO BAY CITY COUNCIL Adjourned Meeting - January 15, 1982 PAGE TWO between Morro Rock, the P. G. & E. Power Plant, and Morro Creek. Any Coastal Conservancy funding expended on dunes stabilization should be reimbursed commensurate with the benefit received." Mayor Pro tem Lemons invited comments from the audience. Mrs. Kathyrn Williams (property owner), stated she wished to refute some of the state- ments that were made at the last meeting with regard to Morro Highlands that were incorrect. She felt they should be allowed to upgrade their business by adding more floor space. She also felt new businesses would create more business stimulation to other businesses, add needed revenue to the City, would bring in new job opportunities, and encourage lower prices to the consumers. Mr. Bill Shaffer (owner of Montgomery Ward Store), stated as a representative of the Downton Merchants, he was requested by them to make their feelings known that they did not want any change in the proposed Local Coastal Plan. Mr. Ray Gallo (Attorney) explained briefly that the Williams' property is not replacing downtown. He stated the entire fifty acre parcel would not be developed at once, but would be built in stages as needed. The first phase would be a new Williams Brothers Market and some small shops. He expressed his opinion that new businesses attracted more consumers who would then shop elsewhere in the downtown area. He also stated it was their intention to have this development become a continuance of the downtown business, to work together with the Downtown Merchants, to add businesses that are not available, and to develop the best possible plan that would be advantageous to the entire community. Ms. Rose Marie Sheetz (Owner of the Candy Shop), stated she was a downtown merchant and felt that statistics proved that when a shopping center was built near a City, the downtown area literally died. She stated rents would go up and other communities would be hurt by taking business away from them. Ms. Sheetz stated she was the President of the Coast Democratic Club of Morro Bay and read into the records a resolution passed by them at their meeting of January 14, 1982. Mayor Pro tem Lemons stated he wanted it clear that the City Council was not preparing to spend any money to facilitate a shopping center development. Mr. Merrill Williams, President of Williams Brothers Markets, explained the success of their buildings in other towns such as Los Osos, Atascadero and Lompoc and stated each shopping center had brought in more business to the other merchants in town. He noted there would be no large chain stores added as Morro Bay does not have the population to support them, explained the proposed plan was to build the fifty acres in phases within the next ten or fifteen years as stores were needed, and explained their need to enlarge their market. Mr. Dean Tyler, owner of the Morro Bay Aquarium on the Embarcadero, stated his objections to the lateral access to public walkway along the waterfront as proposed by the State Coastal Land Use Plan. He explained the working operations of the aquarium and said it would be physically impossible for them to relocate the various equipment necessary MINUTES - MORRO BAY CITY COUNCIL Adjourned Meeting - January 15, 1982 PAGE THREE for their aquarium and distressed mammal station in order to provide for the access way. He also cited security problems and interference with the operation of the aquarium by the public. Mr. Tyler noted there were existing accesses to the bay by means of street -ends which offered the public views of the boating activities of the Morro Bay Harbor. Mr. Howard Gaines, who resides at 441 Orcas Street, stated nothing had been said about the sewage treatment problems. When questioned as to whether he had read the proposed Land Use Plan, Mr. Gaines stated he had not, and was informed by Mayor Pro tem Lemons that these items had been addressed in the proposed plan. Mrs. Lila Keiser, who resides at 929 Pecho Street, stated the City has had a continuing water shortage for many years and previous Councils have tried very diligently to alleviate this problem. Mr. Bob Blacker , (owner of Morro Bay Cameras Shop) stated he felt there was a real problem in the patchy growth pattern of the business district in Morro Bay. There is a patch of businesses along Main Street, a patch of business on the Embarcadero, a patch of business in the downtown and a patch of business in the shopping centers on Quintana Road. He pointed out there was no infilling of the existing businesses and the building of another shopping center across the freeway would not add to the continuity of the downtown business but only create another patch of businesses. Ms. Wendy Colmes, who resides on Dunes Street, displayed a map showing the growth rate in California wherein it states San Luis Obispo is expected to grow twenty percent within the next nine years. She felt it was necessary to allow enough space to expand for building if the need arises. She also noted there were not a proper mix of merchants to meet the needs of the consumer. Mr. Ernest Miller, who resides at 350 Arbutus Avenue, stated the property on the north side of the freeway was now being used for cattle grazing which was the poorest use of land. He felt the expansion of a shopping center would be a benefit to the City and would connect with the Harbor Front Tract giving those people access to a shopping center. He stated that although the City is concerned with water, their prime concern was growth and felt they should plan for the future. Mr. Bob Finley (Sunshine Health Foods) stated the downtown business men were not afraid of competition but felt the City Council should spend as much time solving their present problems as they did in future plans. He felt the City should help solve the problem of downtown parking now. He also noted the price of land was keeping people from building retail stores downtown, so Savings and Loan companies were taking all the prime property. Mr. Lee Schultz (Fireside Motel) stated he fully supported the work staff has done on the Local Coastal Program and modifications made and felt it was an excellent plan. He stated in his business they welcomed competition and knew that eventually large motels would be built in this area, but felt this would not happen for twenty or thirty years from now. MINUTES - MORRO BAY CITY COUNCIL Adjourned Meeting - January 15, 1982 PAGE FOUR Mrs. Grace Melton (Melton Real Estate), P. 0. Box 451, Morro Bay, stated she had picked up the suggested revisions by staff on January 5th and had been able to read the entire document for the January llth meeting. She noted that Senator Mello's Bill SB 626 deleted housing from the Coastal Act, therefore the housing element has been deleted from our plan. She supported the Tylers in their statements and was opposed to any form of additional public access especially if it were to be designed as another "Cannery Row" in Morro Bay. She felt individuals have had a part in setting the style and flavor of the City. In response to a question,- Mr. Crump explained the Land Use Plan does not provide for harbor (port) planning. This wasanother subject in itself. He stated the Coastal Staff has indicated they would direct the City to seek funding from the State Coastal Conservancy. Mr. Crump noted there is no funding at this time for the Harbor Plan. Mrs. Melton urged adoption of the Local Coastal Plan with the suggested revisions by Staff. MOTION: Councilwoman Deutsch moved the Public Hearing be closed. The motion was seconded by Mayor Pro tem Lemons and unanimously carried. (4-0-1) In response to a question by Mayor Pro tem Lemons, Mr. Crump stated the Williams' property has a designation on the proposed land use map. In the Land Use Plan text, language refers to it as "Morro Highlands" and indicates an allocation of thirty to fifty acres be provided for Commercial/P. D. subject to a market analysis. Mayor Pro tem Lemons stated he had problems with the designation of fifty acres and felt approximately thirty acres was more realistic. He recommended a policy be placed somewhere in the appropriate section which speaks to the fact there must be a survey of existing uses, market demand, inventory of what effect it would have on existing uses and future uses of vacant property. Councilwoman Deutsch commented that feasibility studies would be made by any property owner to know what the market demand would be for his proposed business. She noted the larger the area designated, the nicer the project would look, having more area for landscaping and camouflaging of buildings. She stated if you reduce the size of the property, you will have compaction as the square footage of buildings will remain the same, but will not be as nicely landscaped. Mr. Tom Courtney, Architect, stated they had designed quite a few shopping centers and found it was extremely important as to how the buildings are located on the land. This area is not flat and to be able to plan a center which would have a pleasing visual effect, you would need a lot of landscaping to hide the traffic pattern and parking lot. MOTION: Mayor Pro tem Lemons moved an amendment be made on Page Nine, Area 4, sub -paragraph "b", third sentence be revised to read: 0 0 MINUTES - MORRO BAY CITY COUNCIL Adjourned Meeting, January 15, 1982 PAGE FIVE ..(approximately thirty (30) acres". The motion was seconded by Councilwoman Deutsch and unanimously carried with Mayor Dorn being absent. (4-0-1) Mayor Pro tem Lemons stated he was very much against the proposal to place a walkway around the bay. He felt this community does not have the where withal to assume a multimillion dollar liability that would be imposed by this walkway, nor the construction costs and the maintenance cost. He stated there are areas down there that would be absolutely foolhardy to allow'a tourist or a little boy or girl to walk, such as while they are unloading oysters, etc. He commented that whoever had that idea should really take another look before imposing those conditions. Councilwoman Ward stated Morro Bay is not another "Cannery Row" in Monterey, we are not just a tourist town but we support a fishing industry who needs the accesses to Morro Bay and we must accommodate both. MOTION: Councilwoman Ward moved we accept Resolution No. 08-82, adopting and approving revisions (including those written suggestions submitted by Staff, revisions orally presented related to P. G. & E., and the description of commercial land use allocation in Area No. 4, Morro Highlands), to the Local Coastal Program Proposed Land Use Plan. The motion was seconded by Councilwoman Deutsch and carried by the following roll call vote: AYES: Ward, Deutsch and Lemons NOES: None ABSTAIN: Anderson ABSENT: Mayor Dorn MOTION: Councilwoman Ward moved The motion was seconded carried. (4-0-1) The meeting was adjourned at 6:42 P.M. By.Q.�— PAAUL BAXTER, City Clerk PB/nc for the adjournment of this meeting. by Councilwoman Deutsch and unanimously MORRO BAY CITY COUNCIL Regular Meeting Agenda - January 11, 1982 Recreation Hall - 7:30 P.M. Call to Order Pledge of Allegiance - Horace Strong, representing veterans Invocation - Father Harold Speetzen, Catholic Church A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 ORDINANCE AMENDING SECTION 15.28.040 OF THE MORRO BAY MUNICIPAL CODE, AMENDING THE POLICY OF MOORING INSPECTION AND ESTABLISHING ENFORCEMENT ACTION FOR NON-COMPLIANCE A-2 APPEALS TO THE REQUIREMENT TO ABATE WEEDS AND HAZARDOUS NUISANCES IN ACCORDANCE WITH SECTION 8.12.070 OF SECTION 8.12 OF TITLE 8 OF THE MORRO BAY MUNICIPAL CODE A-3 CONSIDERATION FOR REVISIONS TO LOCAL COASTAL PROGRAM - PROPOSED LAND USE PLAN A-4 CONSIDERATION OF AMENDMENT TO MUNICIPAL CODE SECTION 13.04.230 PROVIDING FOR THE COLLECTION OF DELINQUENT UTILITY BILLS ON THE PROPERTY TAX ROLLS B. UNFINISHED BUSINESS NONE C. NEW BUSINESS C-1 CONSUMER PRICE INDEX ADJUSTMENT FOR HARBOR MOORING AND DOCKING FEES C-2 CORRESPONDENCE FROM STEWART JENKINS REGARDING ORDINANCE 1979 AS IT RELATES TO MR. AND MRS. A.C. MOLTZER C-3 EXTENSION OF LEASE SITE NO. 68, 68W - DEANNA DAVIS C-4 CORRESPONDENCE FROM SOUTH BAY SANCTUARY COMMITTEE REGARDING POSSIBILITY OF EXTENSION OF BIRD SANCTUARY AND FURTHER ANNEXATION OF BAY C-5 AMENDMENT OF LEASE SITE USES FOR LEASE SITE NO. 129-33, 129-133W (YEOMAN) AND CONSIDERATION OF LEASE SITE IMPROVEMENTS (PLANNING COMMISSION DETERMINATION CUP 17-81) C-6 AWARD OF CONSTRUCTION MANAGEMENT SERVICES (CMS) CONTRACT TO BROWN & CALDWELL- HEERY D. CONSENT CALENDAR These items are routine in nature and are to be acted upon as a unit by the Council without comments and as recommended by the City Administrator unless a Council member asks for discussion of a particular item. Notable items on the Consent Calendar are: N 10 CONSENT CALENDAR (CONTINUED) D-1 APPLICATION TO FILE LATE CLAIM AGAINST THE CITY OF MORRO BAY BY NEIL KLINE D-2 AMENDMENT TO CLASSIFICATION PLAN FOR SECRETARY D-3 CITY COUNCIL MINUTES OF DECEMBER 14, 1981 REGULAR MEETING D-4 RESOLUTION REGARDING BAY AMBULANCE SERVICE D-5 CHAMBER OF COMMERCE EXPENDITURE REPORT FOR DECEMBER 1981 D-6 RESOLUTION AMENDING 1981-82 ADOPTED BUDGET D-7 REQUEST FOR AUTHORIZATION TO PROCEED WITH ALTERNATE DESIGN OF WASTEWATER TREATMENT PLANT TO MEET OCEAN DISCHARGE REQUIREMENTS D-8 REQUEST FOR VACATION OF ALL HARBOR ADVISORY BOARD ALTERNATE POSITIONS AND ADVERTISEMENT OF VACANT POSITIONS D-9 REPORT AND RECOMMENDATION TO AWARD BIDS FOR WATERLINE REPLACEMENT FITTINGS TO THE LOWEST RESPONSIBLE BIDDER D-10 AUTHORIZATION TO PURCHASE EQUIPMENT AND SUPPLIES THROUGH THE STATE COOPERATIVE PURCHASING PROGRAM D-11 AUTHORIZATION TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE STATE AGENCY FOR SURPLUS PROPERTY D-12 FEASIBILITY STUDY TO RELOCATE THE HARBOR OFFICE TO THE TARGET ROCK AREA D-13 APPROVAL OF RESOLUTION URGING CITIZENS TO PARTICIPATE IN THE ENERGY CONSERVATION FAIR ON JANUARY 23, 1982, SPONSORED BY P.G.&.E. D-14 RESOLUTION REQUESTING CONSOLIDATION OF JUNE 8, 1982, MUNICIPAL ELECTION WITH STATEWIDE DIRECT PRIMARY D-15 AMENDMENT NO. 2 TO JOINT POWERS AGREEMENT - NORTH COASTAL TRANSIT D-16 RE -INTRODUCTION OF ELECTIONS CONSOLIDATION ORDINANCE E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ATTORNEY E-3 CITY ADMINISTRATOR 4 6 MORRO BAY CITY COUNCIL Regular Meeting - January 11, 1982 Recreation Hall - 7:30 p.m. The meeting was called to order by Mayor Protein Anderson at 7:30 p.m of Allegiance was led by City Administrator Paul Baxter. ROLL CALL PRESENT: Rodger Anderson Dorotha-Deutsch Herminia Ward ABSENT: John Lemons Warren Dorn STAFF: Paul Baxter Michael LeSage John Bressan Murrel Crump Gary Napper Al Olson Bernie Zerr Mary Sanders Gere Sibbach Peggy Buchanan Councilman Councilwoman Councilwoman Councilman Mayor City Administrator City Attorney Director, Public Works Director, Community Development Administrative Assistant Police Chief Fire Chief Recreation Director Finance Director Deputy City Clerk The Pledge Mayor Protem Anderson announced that Mr. Bill Parry of Burnie, Tasmania, had a presentation to make to Council. Mr. Parry announced that he was acting as a representative of Burnie, Tasmania, in presenting the City of Morro Bay with a letter from his town, and a book. Mr. Parry stated that he had acted as host -father to Jim Warner, a Morro Bay High School exchange student. Mr. Parry presented the letter and book to Mayor Protem Anderson. Mayor Protem Anderson announced that Marguerite Lieberman, President of the Senior Citizens Group in Morro Bay, had requested time to speak to Council. Marouerite Lieberman informed Council that the Morro Bay Senior Citizens intended to "take things into our own hands" and apply to all possible federal, state, county and local agencies for funds. Ms. Lieberman said she would like both Council and Community approval for the Senior Council (seniors from throughout the County) to take this course of action. MOTION: Councilwoman Deutsch moved that the City Council approve in concept the Morro Bay Senior Citizens proposed course of action to gain funds for their activites. The motion was seconded by Councilwoman Ward and passed unanimously. (3-0) r i MORRO BAY CITY COUNCIL Regular Meeting - January 11, 1982 Page Two A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 ORDINANCE AMENDING SECTION 15.28.040 OF THE MORRO BAY MUNICIPAL CODE, AMENDING THE POLICY OF MOORING. INSPECTION AND ESTABLISHING ENFORCEMENT ACTION FOR NON- COMPLIANCE. Paul Baxter stated that this Ordinance was a noticed Public Hearing, and that after John Bressan gave a brief presentation, public comment should be accepted and then the Public Hearing closed. John Bressan briefly reviewed the proposed Ordinance and stated that it was an amendment to an existing Ordianance, which would establish an enforcement policy for non-compliance to mooring inspections or non-payment of fees. Mr. Bressan also stated, that this.is standard procedure in most areas where moorings are present. Mayor Protem Anderson opened the Public Hearing for comment. Mr. Paul Lorenzen asked what the current regulations and requirements regarding mooring inspection was, and also questioned the City's policy of raising the mooring fees. John Bressan stated that presently there is no enforcement policy for non-compliance to mooring inspections. Mr. Bressan also stated that mooring fees are adjusted annually according to the cost of living index. Mr. Jim Hartzell asked who the cost of inspection would be paid by? Mr. Bressan answered that the individual mooring owners would pay for the cost of the inspection, however the City would provide the inspector. MOTION: Councilwoman Ward moved that the Public Hearing be closed. Motion seconded by Councilwoman Deutsch and carried unanimously. (3-0) Councilwoman Deutsch questioned the specific zones as listed in the Ordinance, and wondered if they were pre-existing zones, or recently changed. John Bressan stated that these were pre-existing zones and could not be altered. MOTION: Councilwoman Deutsch moved that the City Council read this Ordinance by title and dumber only. Seconded by Councilwoman Ward, and carried unanimously (3-0) Paul Baxter read: "Ordinance amending Section 15.28.040 of the Morro Bay Municipal Code, Amending the Policy of Mooring Inspection and Establishing Enforcement Action for Non -Compliance." MOTION: Councilwoman Deutsch moved that the City Council adopt this Ordinance as read by Title and Number only, as its first reading. The motion was seconded by Councilwoman Ward and carried by the following roll call vote: AYES: Ward, Deutsch, Anderson NOES: None ABSENT: Lemons, Dorn MORRO BAY CITY COUNCIL 6 Regular Meeting - January 11, 1982 Page Three A-2 APPEALS TO THE REQUIREMENT TO ABATE WEEDS AND HAZARDOUS NUISANCES IN ACCORDANCE WITH SECTION 8.12.070 OF SECTION 8.12 OF TITLE 8 OF THE MORRO BAY MUNICIPAL CODE Paul Baxter stated that this was a noticed Public Hearing to hear all appeals to the requirement to abate weeds and other nuisances within the City of Morro Bay. Mr. Baxter stated that as of the date of the agenda, no written appeals had been received, however, one appeal had been received since that date and it was presented to Council tonight for their consideration. The appeal was from Mr. Fariss, property manager for Mr. Hosford, owner of the property located at lots 40 and 41 of Block 4 in the City of Morro Bay. Mr. Hosford claims that the weed abatement was not done by the City but by the tenant on the property. Mr. Bressan stated that according to his records, this parcel was listed as having been mowed by the City. He did state that photographs had been taken of all Parcels prior to any abatement and staff could check into these records to assure against a bookkeeping error. Mr. Baxter suggested that possibly this item could be further researched by staff, and the Public Hearing could be continued until the next Council meeting to allow staff the time to do this investigation. MOTION: Councilwoman Ward moved that the Council close this Public Hearing and adopt the charges as specified with the exception of the appeal from Mr. Farris/Hosford which shall be continued until the next regularly scheduled City Council meeting of January 25, 1982, for staff to investigate this more thoroughly. The motion was seconded by Councilwoman Deutsch and carried unanimously. (3-0) A-3 CONSIDERATION FOR REVISIONS TO LOCAL COASTAL PROGRAM - PROPOSED LAND USE PLAN Paul Baxter gave a brief background to this item, and stated that Murrel Crump, Director of Community Development, would provide a short presentation on the LCP, Land Use Plan. Mr. Crump gave a short history of the Proposed Land Use Plan, stating that it had been adopted by the City and transmitted to the State Coastal Commission in July of 1981. The City had wished to review the plan with the Coastal Commission staff prior to the first public hearing, however the hearing was opened to take testimony on September 1, 1981. Mr. Crump stated that although it was not required by the Coastal Commission Regulations, a Public Hearing was now being held to allow public comment on the Proposed Land Use Plan and any revisions which may be deemed appropriate. Mr. Crump reviewed areas for suggested revisions to the Proposed Land Use Plan, and areas of unresolved issues which will need further evaluation by the Coastal Commission itself. r 6 MORRO BAY CITY COUNCIL Regular Meeting - January 11, 1982 Page Three A-2 APPEALS TO THE REQUIREMENT TO ABATE WEEDS AND HAZARDOUS NUISANCES IN ACCORDANCE WITH SECTION 8.12.070 OF SECTION 8.12 OF TITLE 8 OF THE MORRO BAY MUNICIPAL CODE Paul Baxter stated that this was a noticed Public Hearing to hear all appeals to the requirement to abate weeds and other nuisances within the City of Morro Bay. Mr. Baxter stated that as of the date of the agenda, no written appeals had been received, however, one appeal had been received since that date and it was presented to Council tonight for their consideration. The appeal was from Mr. Fariss, property manager for Mr. Hosford, owner of the property located at lots 40 and 41 of Block 4 in the City of Morro Bay. Mr. Hosford claims that the weed abatement was not done by the City but by the tenant on the property. Mr. Bressan stated that according to his records, this parcel was listed as having been mowed by the City. He did state that photographs had been taken of all parcels prior to any abatement and staff could check into these records to assure against a bookkeeping error. Mr. Baxter suggested that possibly this item could be further researched by staff, and the Public Hearing could be continued until the next Council meeting to allow staff the time to do this investigation. MOTION: Councilwoman Deutsch moved that the Council close this Public Hearing with the exception of the appeal from Mr. Fariss/Hosford, and continue that Public Hearing until the next regularly scheduled City Council meeting of January 25, 1982, for staff to investigate this more thoroughly. A-3 CONSIDERATION FOR REVISIONS TO LOCAL COASTAL PROGRAM - PROPOSED LAND USE PLAN Paul Baxter gave a brief background to this item, and stated that Mr. Murrel Crump, Director of Community Development, would provide a short presentation on the LCP, Land Use Plan. Mr. Crump gave a short history of the Proposed Land Use Plan, stating that it had been adopted by the City and transmitted to the State Coastal Commission in July of 1981. The City had wished to review the plan with the Coastal Commission staff prior to the first public hearing, however the hearing was opened to take testimony on September 1, 1981. Mr. Crump stated that although it was not required by the Coastal Commission Regulations, a Public Hearing was now being held to allow public comment on the Proposed Land Use Plan and any revisions which may be deemed appropriate. Mr. Crump reviewed areas for suggested revisions to the Proposed Land Use Plan, and areas of unresolved issues which will need further evaluation by the Coastal Commission itself. MORRO BAY CITY COUNCIL Regular Meeting - January 11, 1982 Page Four Mr. Crump requested that Council hear any public testimony and then adopt and approve revisions to the Local Coastal Program Proposed Land Use Plan. Mayor Pro tem Anderson opened the Public Hearing for comments. Marguerite Lieberman expressed concern over preservation of dune areas, and asked if setbacks had been established along the dune areas. Mr. Crump stated that the setbacks would be on an individual basis, with areas abutting the dunes indicating "preservation of the dunes" as a development criteria. Mr. Bruce Risley, 540 Piney Way, spoke regarding the Council's original adoption of the LCP/Land Use Plan in June of 1981, and stated that the City should adopt land use policies that would encourage lot infilling, and replacement of sub -standard housing with low and moderate housing units. Grace Melton, P. 0. Box 451, spoke regarding Measure D, and asked if a conflict regarding Coleman Park would arise. Mr. Crump stated that Measure D could be preempted by the Coastal Commission, but only if it was found that it was not consistent with the Coastal Act. Mr. LeSage, City Attorney, stated that the Coastal Commission is constrained by the fact that they must have grounds for this inconsistency. Mr. Cliff Smith spoke in favor of the $10,000 revenue for commercial fishing vessels, on behalf of the Harbor Advisory Board and urged approval of this change. Mr. Peter Diffley protested that this Plan had not been available to the public for their review. Mr. Crump stated that his office had offered to xerox a copy of the Plan for fir. Diffley, who refused it. Mr. Crump also stated that a copy had been placed in the Library, for public review. Mr. Diffley then read a statement that he had previously read to the Coastal Commission at their January 8, 1982, Public Hearing. Wendy Calmes expressed her concern regarding the 8' boardwalk along the Embarcadero. Ms. Colmes stated that she felt local people and tourists alike appreciated the Embarcadero as itistoday, and felt that there is more than sufficient access to the area now. Ms. Calmes also stated her support for Senator Mello's Bill on "Granny Housing", and hoped that it would be incorporated into the Land Use Plan. Mr. Crump stated that Senator Mello's Bill SB 626 deleted housing from the Coastal Act, and it was no longer a subject for the Coastal Plan, and its appropriate place was in the Housing Element of the General Plan of the City of Morro Bay. Mr. Howard Gaines, 441 Orcas Street, felt that the current sewage treatment problems should, be incorporated into this Plan, as they were in violation of Coastal Commission Marine Environment Act. Mr. Gaines read a portion of this act and said the sewage issue should be addressed in this report. MORRO BAY CITY COUNCIL Regular Meeting - January 11, 1982 Page Five Mr. Neil Kline, P. 0. Box 474, requested information regarding the water situation in Morro Bay, and stated that the water shortage issue should be stated in this plan. Mr. Crump briefly explained the Morro Bay facilities and maintenance problems with water and water storage. Mr. Robert Lane spoke in opposition to the 50 acre shopping center site, stating that for a center of this size, a population of 100,000 would be necessary within a 5-mile radius. Mr. Lane felt that a center of this sort would be detrimental to the existing downtown area and merchants of Morro Bay. Councilwoman Deutsch expressed her interest in these fiaures and stated that she felt a center as proposed would increase competition. Mr. Maul also spoke regarding the downtown Morro Bay and the effect a large shopping center would have on the local merchants. Mr. Maul felt that the City should concentrate on expanding the downtown and perhaps develop some sort of parking district. Mr. Ray Gallo felt that the Coastal Act priority should not be listed as the dominant criteria for the Water Allocation Plan. The Coastal Commission jurisdiction does not extend to the control of water usage according to Mr. Gallo. Mr. Bill Morley, Chairman of the Parks and Recreation Commission, wanted to reiterate the Commission's position regarding Coleman Park, and their desire to have it continue as such, along with the sandy strip adjacent to it. Mr. Crump stated that the sandy beach strip along Coleman Park was not subject to Measure D, and that unless the Coastal Commission finds the Coleman Park area inconsistent, it would remain as a non -conforming use in the PD Zone. Mr. Victor Montgomery, representative of VRM Property, asked if the City would accept written comments. Mr. Crump gave an affirmative answer. Mr. Montgomery complimented staff on the section of the Plan regarding Coastal Agriculture, and said staff had done a very credible job. Mr. Maul also commented that he was opposed to an 8' walkway along the Embarcadero, as he felt the viability of the Embarcadero depends on water dependent uses, and this walkway would not be compatible with several of these uses. Mr. Mall stated that in his opinion there was a good mix of tourist and active commercial uses along the Embarcadero, with more than adequate access to the waterfront. Mayor Pro tem Anderson asked staff how much of the waterfront property is available to the public. Mr. Crump stated that approximately 95.5% of the 10.75 linear miles of the Morro Bay coastline is accessible to the public. MOTION: Councilwoman Ward moved that the Council continue this Public Hearing until Friday, January 15, 1982, at 5:00 p.m. in the Recreation Hall. The motion was seconded by Councilwoman Deutsch, the motion was carried unanimously. (3-0-2) `I MORRO BAY CITY COUNCIL Regular Meeting - January 11, 1982 Page Six A-4 CONSIDERATION OF AMENDMENT TO MUNICIPAL CODE SECTION 13.04.230 PROVIDING FOR THE COLLECTION OF DELINQUENT UTILITY BILLS ON THE PROPERTY TAX ROLLS Paul Baxter reviewed the Ordinance with Council, and explained that this Ordinance was to strengthen long term collection for City services when accounts for those services have become delinquent and all other means of enforcement have been exhausted. The delinquent utility bills could be placed on the tax rolls and the amount could then be collected annually by the County tax collector. City Attorney Michael LeSage said that this practice is permitted by the Government Code. Mayor Protem Anderson opened the public hearing for comments. Howard Gaines protested the fact that only 10 days were being allowed for notice to the customer that the delinquent bill is being turned over to the County tax collector. Mr. Gaines suggested that a more reasonable time frame would be thirty (30) days. Mr. Baxter and Mr. Sibbach, Finance Director, stated that this would be a possible amendment, adding that the 10 days was the minimum required by the Government Code. Council concurred with this feeling, and suggested that the Ordiance be amended to reflect a thirty (30) day notification period, rather than 10 days. Mr. Gaines also felt that all customers should be notified in writing that a delinquency in their City utility bill could result in a property tax lien. Mr. LeSage stated that their was nothing in the Government Code to prevent this type of notification. Mr. Baxter stated that notification could be arranged by the Finance Department, perhaps as early as the next billing cycle. Mr. Neil Kline asked whose responsibility it was to correct any errors that might occur in billing. Mr. Baxter stated that it would be the City's responsibility to settle any billing errors. Mr. John Hash, a renter in Morro Bay, questioned whose responsibility it would be if a tenant failed to pay his utility bill, would the landowner still be held ultimately responsible. Mr. Sibbach stated that it would be the landowners duty to collect from his tenants if utility bills were placed upon the property tax rolls. However, Mr. Sibbach explained that the City now requires 2 months payment of garbage service in advance, along with a $25.00 deposit for water service from all renters, as an added means of protection for landowners. MOTION: Councilwoman Ward moved that the Public Hearing be closed. The motion was seconded by Councilwoman Deutsch and carried unanimously. (3-0) 0 0 MORRO BAY CITY COUNCIL Regular Meeting - January 11, 1982 Page Seven MOTION: Councilwoman Ward moved that the City Council read this Ordinance by title and number only. Seconded by Councilwoman Deutsch, carried unanimously. (3-0) Paul Baxter read "An Ordinance amending the Municipal Code of the City of Morro Bay,Section 13.04.230, Providing for the Collection of Delinquent Utility Bills on the Property Tax Rolls." MOTION: Councilwoman Ward moved that the City Council adopt this Ordinance as read by title and number only, as its first reading. The motion was seconded by Councilwoman Deutsch and carried by the following roll call vote: AYES: Ward, Deutsch, Anderson NOES: None ABSENT: Lemons, Dorn Council recessed at 9:30 p.m. and reconvened at 9:40 p.m. B. UNFINISHED BUSINESS There was no unfinished business. c. NEW BUSINESS C-1 CONSUMER PRICE INDEX ADJUSTMENT FOR HARBOR MOORING AND DOCKING FEES Paul Baxter stated that pursuant to Harbor Rules and Regulations as adopted in 1981, the Finance Director has prepared a revised Harbor Fee Schedule for 1982. The increase is based on the Consumer Price Index, which rose approximately 8.5%. Staff recommendation is for approval of the revised fee schedule. Ron Baker, a commercial fisherman, stated his objection to the increase in fees, saying that more security is needed along the docks to prevent vandalAsm and . burglaries. Mr. Baker also felt the public should not be allowed access to the areas around the boats. He stated that he would have no objection to the increase, if security and additional improvements were made. Mr. Baxter suggested that Mr. Baker bring the matter of security up before the Harbor Advisory Board at their next meeting. It was also explained to the audience, that the Harbor Fund, which is $120,000 in deficit this year, is used to make improvements to the Harbor, for dredging and patroling of the Harbor. Mr. Fred Wright stated that he felt the increase should not concern individual mooring owners, and recommended that the City begin charging for emergency services and increase ticketing of speeders within the Harbor. MORRO BAY CITY COUNCIL • • Regular Meeting - January 11, 1982 Page eight Mr. Dick Sylvester questioned the lack of security gates on City slips, saying that the public should not be allowed in this area. John Bressan stated that the City had been under the impression for some time, that this area was required to remain open to the public under the Tidelands Agreement. Recent discussion with the City Attorney has brought up certain questions and the matter is being brought up to the Harbor Advisory Board. Finance Director Gere Sibbach explained that the Revised Harbor Fee Schedule will increase revenues approximately $5-6,000, however, last year, 2 additional reserve Harbor Patrol Officers were added, at an equal or greater cost. MOTION:: Councilwoman Deutsch moved that the City Council adopt the Revised Harbor Fee Schedule as proposed. The motion was seconded by Councilwoman Ward and carried by the following roll call vote: AYES: Ward, Deutsch, Anderson NOES: None ABSENT: Lemons, Dorn C-2 CORRESPONDENCE FROM STEWART JENKINS REGARDING ORDINANCE 1979 AS IT RELATES TO MR. AND MRS. A.C. MOLTZER Paul Baxter reviewed the correspondence received from Mr. Stewart Jenkins regarding the Moltzer's, and stated that this matter had not yet been heard at an administrative hearing and recommended that it be referred back to Public Services for an administrative hearing. Council concurred and this matter was referred back to the Pulic Services Department. C-3 EXTENSION OF LEASE SITE NO. 68,68W - DEANNA DAVIS Mr. Baxter explained that a letter had been received from Ms. Deanna Davis, and that conversations with Ms. Davis indicate she is requesting a further six (6) month extension on her lease, while the assessors are still working. Staff is recommending that the extension be granted, until July 31, 1982. MOTION: Councilwoman Deutsch moved that Council grant an additional six (6) month extension of Lease Site 68, 68W, for Deanna Davis, and authorize the City Administrator to sign such agreement on behalf of the City. The motion was seconded by Councilwoman Ward, and carried by the following roll call vote: AYES: Ward, Deutsch, Anderson NOES: None ABSENT: Lemons, Dorn MORRO BAY CITY COUNCIL Regular Meeting - January 11, 1982 Page Nine C-4 CORRESPONDENCE FROM SOUTH BAY SANCTUARY COMMITTEE REGARDING POSSIBILITY OF EXTENSION OF BIRD SANCTUARY AND FURTHER ANNEXATION OF BAY Paul Baxter reviewed the correspondence received from the South Bay Santuary Committee regarding their interest in the further annexation of Morro Bay, and extension of the bird santuary. Mr. Baxter stated that this item was for informational purposes only, and no action was called for Mr. Andy Anderson, Co -President of the South Bay Sanctuary Committee was present in the audience and stated that this was an exploratory type venture, and the Committee simply wanted to submit the idea to the City, as well as the Local Agency Formation Commission, for their review and consideration. Mr. Anderson explained that the Committee would be contacting the property owners adjacent to the proposed area, but that the majority of the area was State owned. Councilwoman Ward was concerned over the effect Measure B might have on this idea, as it would mean providing additional services. City Attorney Michael LeSaoe stated that he would have to check on the exact provisions of Measure B. Mr. Anderson also stated that the Committee felt a greater supervisory control over the South Bay area was needed, and annexation to the City might provide this control. John Bressan felt that to adequately patrol the back bay area, additional manpower would be necessary. Mr. Bressan also informed Council that a number of boats were anchored in the back bay area presently, with the number increasing fairly rapidly. Mr. Alain Alward told Council that it was not illegal to have a boat anchored in the back bay area, and that Santa Barbara currently has a similar problem with its harbor area. Mr. Alward, felt that any additional costs should be charged to the boat owners. No action was taken on this matter. C-5 AMENDMENT OF LEASE SITE USES FOR LEASE SITE NO. 129-133, 129W-133W (YEOMAN) AND CONSIDERATION OF LEASE SITE IMPROVEMENTS (PLANNING COMMISSION DETERMINATION CUP 17-81) Paul Baxter explained that the Yeomans had requested a change of use for Lease Site No. 129-133, 129W-133W, and that the Planning Commission had reviewed this change of use and was recommending approval and amendment of the Lease Agreement. Councilwoman Deutsch inquired as to whether this was a City or County Lease, and what the current percentage fee was. Mr. Baxter stated that the lease was a City Lease and the current percentage was 5%. Howard Gaines objected to the additional uses, stating that he felt these uses were not adequately covered by the Environmental Impact Statement. He also stated that the City should investigate water useage at this lease site to prevent additional useage. Murrel Crump read Planning Commission condition #10 which.stated that water useage shall not be increased with out appropriate water equivalencies. He also indicated that MORRO BAY CITY COUNCIL # 10 Regular Meeting - Janua , 1, 1982 Page Ten the City Building Inspector would review all applications for new water hook-ups. MOTION: Councilwoman Ward moved that the retail sale of fish be permitted for Lease Site 129-133 and 129W-133W and that the lease be amended to so reflect, and improvements as submitted be approved. The motion was seconded by Councilwoman Deutsch and carried unanimously. (3-0) C-6 AWARD OF CONSTRUCTION MANAGEMENT SERVICES (CMS) CONTRACT TO BROWN & CALDWELL-HEERY Paul Baxter reviewed the project, and advised Council that the Public Services Department was recommending the firm of Brown & Caldwell-Heery for construction management services, subject to Council approval. Councilwoman Ward inquired as to the exact function of a construction management firm. Mr. Bressan stated that the firm supervises the project, providing inspections, paperwork, and other services which would have to be provided by the City. They are also familar with this type of project. Councilwoman Deutsch objected to the cost plus fixed fee type of contract, and stated that this type of agreement too often leads to cost overruns. Mr. Bressan explained the reason for this type of contract, citing the extreme difficulty of estimating a project such as this. Mr. Bressan stated that the company would have to justify to the Environmental Protection Agency, any cost overruns. Mr. Bressan also stated that an $8,006. profit fee was a fixed figure, and this was annually audited by the E.P.A. MOTION: Councilwoman Ward moved that the City Council authorize the Director of Public Works to neqotiate a contract with Brown & Caldwell-Heery for the construction management services for the ocean outfall project, not to exceed a cost of $81,604.00 subject to the approval of the State Water Resources Control Board and that if the above sum has not been exceeded and if the State has approved, authorize the Mayor and Clerk to sign the negotiated agreement on behalf of the City. This was seconded by councilman Anderson and carried unanimously. (3-0) D. CONSENT CALENDAR D-1 APPLICATION TO FILE LATE CLAIM AGAINST THE CITY OF MORRO BAY BY NEIL KLINE Paul Baxter briefly reviewed this case and stated that it had been reviewed by Carl Warren, Inc., the City's insurance adjusters, and their recommendation was to deny this claim based upon the 1 year statute of limitations for late claims, which has expired. D-2 AMENDMENT TO CLASSIFICATION PLAN FOR SECRETARY Mr. Baxter stated that staff's recommendation was for approval to amend the classification plan for Secretary to more adequately reflect present requirements of other local agencies, to include a skill requirement of 55 words per minute typing speed and that such requirement be applicable to all new recruitments for Secretaries. D-3 CITY COUNCIL MINUTES OF DECEMBER 14, 1981, REGULAR. MEETING Paul Baxter recommended that Council approve the minutes of December 14, 1981, regular meeting, subject to any changes Council may have. MORRO BAY CITY COUNCIL 0 Regular Meeting - January 11, 1982 Page Eleven D-4 RESOLUTION REGARDING BAY AMBULANCE Paul Baxter reviewed the Resolution, stating that it had been prepared at Council's request, and that staff was recommending that Council adopt the Resolution as submitted and authorize the Mayor to sign the amended 1977 Contract with the County. D-5 CHAMBER OF COMMERCE EXPENDITURE REPORT FOR DECEMBER 1981 Paul Baxter stated that the Finance Director had reviewed the report and was recommending that Council authorize the expenditure of $1,327.88 by the Chamber of Commerce for the month of December 1981, as submitted. D-6 RESOLUTION AMENDING 1981-82 ADOPTED BUDGET Mr. Baxter explained that this Resolution was prepared to take into consideration the recent contract with Morro Bay Garbage and the changes in revenues and appropriations for the water fund. Mr. Baxter recommended that Council adopt the attached Resolution as submitted. D-7 REQUEST FOR AUTHORIZATION TO PROCEED WITH ALTERNATE DESIGN OF WASTEWATER TREATMENT PLANT TO MEET OCEAN DISCHARGE REQUIREMENTS Paul Baxter reviewed this item, and explained that due to a recent meeting with the State Water Quality Control Board and the City, a redesign of the wastewater treatment plant was being recommended by the State, to reduce the level of treatment to meet ocean discharge requirments rather than secondary treatment requirements. Staff is recommending that Council authorize the Director of Public Works to negotiate a designed fee and proceed with authorizing Brown and Caldwell to submit a scope of work and agreement with a proposed cost for the above mentioned redesign work, and that all information be returned to Council for review and approval. D-8 REQUEST FOR VACATION OF ALL HARBOR ADVISORY BOARD ALTERNATE POSITIONS AND ADVERTISEMENT OF VACANT POSITIONS. Mr. Baxter stated that the Harbor Advisory Board was requesting that all alternate positions to the Board be vacated, due to excessive unexcused absences, and that such alternate positions be filled in accordance with the Municipal Code. Staff is so recommending. D-9 REPORT AND RECOMMENDATION TO AWARD BIDS FOR WATERLINE REPLACEMENT FITTINGS TO THE LOWEST RESPONSIBLE BIDDER Paul Baxter reviewed the bid procedure for the Waterline Replacement Fittings, and stated that staff's recommendation was for Council to adopt the Resolutions awarding the bids PW82-5-A, PW82-5-B, PW82-5-C, to Long Beach Iron Works for $13,450.34, Pipeline Products Inc., for $11,645.75 and Pipeline Products, Inc. for $13,821.87, respectively. 11 MORRO BAY CITY COUNCIL Regular Meeting - January 11, 1982 Page Twelve D-10 AUTHORIZATION TO PURCHASE EQUIPMENT AND SUPPLIES THROUGH THE STATE COOPERATIVE PURCHASING PROGRAM Paul Baxter briefly reviewed this matter, and recommended that Council approve this Resolution to allow the City to avail themselves of State surplus property. D-11 AUTHORIZATION TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE STATE AGENCY FOR SURPLUS PROPERTY Mr. Baxter reviewed the Resolution, and recommended that Council approve the Resolution to allow the City to avail themselves of this surplus property program from the State Agency for Surplus Property. D-12 FEASIBILITY STUDY TO RELOCATE THE HARBOR OFFICE TO THE TARGET ROCK AREA Paul Baxter explained that at recent meetings renardina the Harbor Office Watchtower Project, it was suggested that for approximately the same cost, a new Harbor Office could be constructed in the vicinity of Target Rock, providing a greater safety factor and better viewing position. Before proceeding_, staff is recommending that a feasibility study be conducted at no cost to the City, other than staff time D-13 APPROVAL OF RESOLUTION URGING CITIZENS TO PARTICIPATE IN THE ENERGY CONSERVATION FAIR ON JANUARY 23, 1982, SPONSORED BY P.G.&.E. Paul Baxter recommended that Council adopt the Resolution urging citizen participation in the PG&E Energy Conservation Fair and Tour to be held January 23, 1982. D-14 RESOLUTION REQUESTING CONSOLIDATION OF JUNE 8, 1982, MUNICIPAL ELECTION WITH STATEWIDE DIRECT PRIMARY Mr. Baxter stated that the Resolution had been prepared pursuant to consolidation provisions outlined by the County Clerk's office, and recommended that Council adopt the Resolution requesting consolidation, as submitted. D-15 AMENDMENT NO. 2 TO JOINT POWERS AGREEMENT - NO. COASTAL TRANSIT Mr. Baxter requested that this matter be continued to a future date. D-16 RE -INTRODUCTION OF ELECTIONS CONSOLIDATION ORDINANCE Mr. Baxter explained that due to the possibility of dispute over legislation which would allow the consolidation of municipal elections with the Statewide Primary being effective prior to January 1, 1982, or not until that date, this ordinance was being re -introduced so that in the event the legislation is determined to be effect on January 1, 1982, the Ordinance will remain in effect. Mr. Baxter recommended that Council adopt this Ordinance for its first reading. MORRO BAY CITY COUNCIL Regular Meeting - January 11, 1982 Page Thirteen There were several comments regarding items on the Consent Calendar, as follows: Mr. Howard Gaines felt that item D-7 (Request for authorization to proceed with alternate design of wastewater treament plant) should be removed from the Consent Calendar and scheduled for a public hearing. Mr. Baxter explained that this item was for approval for the Public Works Department to gather information and bring back a proposal for cost, which would be before the public and Council. Councilwoman Ward asked how long the City had been considering remodeling of the sewer treatment plant. Mr. Bressan stated that it has been considered for at least the past 8 years. Mr. Bressan also explained the steps to obtaining a Clean Water Grant, which take about three (3) years. Councilwoman Ward inquired about item D-12 (Relocation of Harbor Office) and asked whether there was still a donor for funds to raise the tower. Mr. Bressan said that to his knowledge the offer of funds had been withdrawn. Councilman Anderson questioned the reason for the Harbor Advisory Board's request to vacate all alternate positions (D-8). There was a brief discussion with Council and staff and both agreed that this matter should be referred back to the Board to discuss other alternatives, such as using no alternates or expanding the Board to seven members. MOTION: Councilwoman Ward moved that the Consent Calendar be approved as submitted, with the exception of item D-8, which will be referred back to the Harbor Advisory Board, and that Ordinance No. 215 be read by title and number only. The motion was seconded by Councilwoman Deutsch and carried by the following roll call vote: AYES: Ward, Deutsch, Anderson NOES: None ABSENT: Lemons, Dorn Paul Baxter read: "Ordinance No. 215, An Ordinance Adding Section 2.09 to the Morro Bay Municipal Code". MOTION: Councilwoman Ward moved that Council adopt Ordinance No. 215 as its first reading. Motion was seconded by Councilwoman Deutsch and carried by the following roll call vote: AYES: Ward, Deutsch, Anderson NOES None ABSENT: Lemons, Dorn E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL Councilman Anderson requested that staff respond for the City of Morro Bay, to MORRO BAY CITY COUNCIL • 4P Regular Meeting - January 11, 1982 Page Fourteen the gift from the Municipality of Burnie, Tasmania. Mr. Baxter said that a letter would be prepared for the Mayor's signature. E-3 CITY ADMINISTRATOR Paul Baxter requested that Council meet in Closed Session to discuss possible litigation with the Cayucos Sanitation District, at 11:15 p.m. The meeting reconvened at 11:30 p.m. MOTION: Councilwoman Ward moved that the meeting be adjourned to the Recreation Hall on January 15, 1982 at 5:00 p.m. for the purpose of further reviewing the LCP Land Use Plan. Councilwoman Deutsch seconded the motion and the meeting was adjourned at 11:35 p.m. to January 15, 1982, at 5:00 p.m. RESPECTFULLY SUBMITTED, Peggy anan Deputy City Clerk TENTATIVE AGENDA I MORRO BAY CITY COUNCIL MEETING JANUARY 7, 1981 Special Meeting The Morro Bay City Council will meet on Thursday, January 7, 1981, at 5:00 p.m. in the City Hall Conference Room. The following item has been scheduled to be considered at this meeting: A-1 APPOINTMENT OF PLANNING COMMISSIONERS -(Two vacancies currently exist) D-) MORRO BAY CITY COUNCIL Special Meeting - January 7, 1982 City Hall Conference Room, 5:00 p.m. Mayor Warren Dorn called the meeting to order at 5:00 p.m. :71i�t17l1n PRESENT: Warren M. Dorn Mayor Roger Anderson Councilman Dortha Deutsch Councilwoman Herminia Ward Councilwoman STAFF: Paul Baxter City Administrator Murrel Crump Community Development Director Michael T. LeSage City Attorney Peggy Buchanan Deputy City Clerk A. APPOINTMENT OF PLANNING COMMISSIONERS TO FILL TWO (2) VACANCIES Mr. Baxter announced that the Planning Commission currently had two (2) vacancies on its board, and the City has received three applications. Mr. Baxter stated that applications had been received until 1/6/82. MOTION: Mayor Dorn moved that the City Council appoint Dale Reddell and Donald Opperman to fill the vacancies on the Planning Commission. The motion was seconded by Councilman Anderson and carried by the following roll call vote: AYES: Ward, Anderson, Deutsch, Mayor Dorn NOES: None ABSENT: Lemons MOTION: Councilwoman Duetsch moved that the Council adjourn until its regularly scheduled meeting of January 11, 1982. Motion was seconded by Councilwoman Ward and carried unanimously. The meeting was adjourned at 5:15 p.m. RES ECTFULLY SUBM��rIT-�TED, � Peg�iLiUU��- AG(,�11(/%hanan Deputy City Clerk