Loading...
HomeMy WebLinkAboutCC_1984-06-11 Regular Meeting MinutesREGULAR MEETING - JUNE 11, 1984 RECREATION HALL - 7:30 P M. ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION MORRO : AY C.YC UNCIL AGENDA A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 CONTINUED CONSIDERATION OF WATER MANAGEMENT PLAN PACKAGE A-2 APPEAL TO NUISANCE ABATEMENT PROCEEDINGS ON VRM PROPERTY A-3 CONSIDERATION OF REVISIONS TO ORDINANCE NO. 54, PARKS AND RECREATION COMMISSION A-4 CONSIDERATION OF BALLOT MEASURE FOR PUBLIC SAFETY FACILITY A-5 SIGN EXCEPTION PERMIT FOR BUSINESS DIRECTORIES FOR CERTAIN LOCATIONS IN CITY B. UNFINISHED BUSINESS B-1 WATER ADVISORY BOARD REPORT REGARDING CABRILLO WATER TRADE OFFER B-2 CONSIDERATION OF ADDENDUM TO PUBLIC IMPROVEMENT AGREEMENT FOR SE CORNER O F BEACH AND EMBARCADERO (DORN) C. NEW BUSINESS C-1 REQUEST FOR FACILITY FEE WAIVER BY COAST GUARD AUXILIARY C-2 RESOLUTION ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE P ERTAINING TO CANDIDATES STATEMENTS AND COSTS THEREOF .. FOR GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1984 C-3 TIME EXTENSION FOR TENTATIVE TRACT NO. 1045 (PINEY WAY VILLAGE) C-4 CORRESPONDENCE FROM PLANNING COMMISSION REGARDING PROBLEMS WITH DRAINAGE FACILITIES BETWEEN PRESTON AND RADCLIFF ON MAIN STREET C-5 REQUEST BY DEL MAR ENTERPRISES TO USE FRONT STREET NEAR THE CENTENNIAL S TAIRWAY FOR A TOUR BUS STOP C-6 CONSIDERATION OF ASSIGNMENT OF LEASE SITES 71-73, 71W-73W, (PLEASANTRY, BREWERY) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES FROM REGULAR MEETING OF MAY 29, 1984 D-2 RESOLUTION OF APPRECIATION TO PORT SAN LUIS HARBOR FOR ASSISTANCE DURING SPRUCE GOOSE CHASE AND TO U S..COAST GUARD, U.S. COAST GUARD AUXILIARY, ALEX SHUTZ, ART CORDWIN AND THEIR CREWS FOR ASSISTANCE DURING RACE D-3 RESOLUTION OF APPRECIATION TO BOB NORDSKOG FOR WORK ON SPRUCE GOOSE RACE D-4 AWARD OF BID FOR 1957 FIRE TRUCK D. CONSENT CALENDAR (Continued) D-5 CORRESPONDENCE FROM CITY OF PISMO BEACH REGARDING PG&E ELECTRIC RATE INCREASE D-6 APPROVAL OF WATER RATE RESOLUTION D-7 RESOLUTION OF APPRECIATION TO ELENOR KOLB FOR SERVICE ON REFUSE BOARD D-8 SLO COUNTY INTER -AGENCY BOMB TASK FORCE AGREEMENT D-9 PARKING PROBLEMS, 800 BLOCK EMBARCADERO AND FRONT STREETS MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 11, 1984 RECREATION HALL - 7:30 P.M. Mayor Shelton called the meeting to order at 7:30 p.m. ROLL CALL P RESENT: ABSENT: S TAFF: Eugene R. Shelton Rodger J. Anderson Bruce Risley Bud Zeuschner John Lemons N one Gary A. Napper Michael LeSage L ouise Burt Dave Howell Mike Multari N ick Nichols Steve Wolter Bernie Zerr Ardith Davis The Pledge of Allegiance and S trong. A. PUBLIC HEARINGS, REPORTS Mayor Councilmember Councilmember. Councilmember Councilmember City Administrator City Attorney Finance Director P olice Chief Community Development P ublic Works Director Recreation Director Fire Chief Deputy City Clerk Invocation were led by Mr. Horace AND APPEARANCES Mayor Shelton stated that he would like to have A-5, Sign Exception Permit for Business Directories for Certain Locations in City, considered by the Council first. Council had no objections. A-5 SIGN EXCEPTION PERMIT FOR BUSINESS DIRECTORIES FOR LOCATIONS IN CITY Mike Multari reviewed the request by the Morro Bay Merchant's Association for a sign exception permit which allows placement of ten signs in various locations in the City. The Planning Commission had reviewed the request and recommended approval with conditions. The City Administrator recommends City liability coverage to signs placed on City property only. Councilmember Risley asked questions to which Rodger Robinson responded. Mayor Shelton opened the matter to public hearing. Nancy Bast asked if the directory would include things other than businesses such as the museum. Mr. Robinson said that it does 1 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 11, 1984 P AGE TWO include the museum as well as City Hall and other point of interest in Morro Bay. M'May Diffley stated that it was an excellent idea for Morro Bay and in very good taste. MOTION: Councilmember Anderson moved that the public hearing be closed. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) Councilmember Lemons asked the City Attorney if the Council had the authority to request that the newspaper stands at the top of t he Centennial Stairway be moved; he felt that they detracted from the Stairway. Mr. LeSage stated that Council did have that authority and Staff was directed to look into the matter and report back to Council. MOTION: Councilmember Lemons moved for the approval of the request. The motion was seconded by Councilmember. Anderson and unanimously carried. (5-0) A-1 CONTINUED CONSIDERATION OF WATER MANAGEMENT PLAN PACKAGE Gary Napper stated that Council had, at their last meeting, approved going ahead with the environmental documents. At this t ime, he again reviewed the immediate water problems that should be funded - 18.5 miles of substandard water mains; update the water master plan; consult, design and environmental document costs for recharge basins and well relocations; a water manager; N utmeg storage tank replacement and filtration of Well No. 5 and 13. The two alternatives available for funding are borrow or pay-as-you-go. He reviewed the costs necessary in order to proceed with the six projects. Staff was requesting that Council prioritize for funding necessary water projects. Mayor Shelton opened the matter for public hearing. Robert Lane suggested that the City borrow from itself (Reserves) to fund the projects. He disagreed with staff's estimated $20.00 per linear foot to replace the water mains. Steve Sweetwood agreed with Mr. Lane and he and Mr. Kaltenbach thanked Councilmember Risley for his work on the financial plan. Jim Rodgers also concurred with Mr. Lane and commented on the potential hazard of the sub -standard mains. Bob Ward felt that the loan question and the use of City forces to do the project were two separate issues. He supported the water package of getting a loan and doing the work as fast as possible. 2 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 11, 1984 t AGE THREE MOTION: Councilmember Zeuschner moved that the hearing be closed to the public. The motion was seconded by Councilmember Anderson and unanimously carried. (5/0) Councilmember Risley reviewed a report he had submitted to Council dated June 3rd. He felt that the pipe replacement could be completed in three years. He proposed that Council finish a pipe replacement program started several years ago and speed up t he program to complete twelve miles in three years. He also proposed that Council support the growth management initiative. He stated that there was $200,000 budgeted in the current fiscal year which had not been spent and another $200,000 in the budget t he Council just adopted for FY 84-85. He proposed that Council budget another $200,000 next fiscal year and the year after. that. He was not in favor of encumbering the City to a 25-year loan. He reviewed a number of bills moving through the legislature, specifically AB 3626, dealing with water problems. He suggested that Council lobby for passage of these bills. Councilman Risley said that the City had the.financing it needed to begin work immediately without borrowing it. Councilmember Lemons felt that the City should prioritize the projects and proceed on need rather than on ease of accomplishment. Council need to consider percolation basins, new wells, water tank as well as pipe replacement. He was in favor of borrowing the funds to construct the projects at today's prices. He felt that the only way a pay-as-you-go plan will work is if you assess a rate increase to pay for it., Mayor Shelton reviewed the questions asked during public hearing, one question was why the city did not borrow from its reserves. Mrs. Burt stated that the city receives very high interest rates on its funds and the rates on a loan the city would have to pay would be considerably lower; it would be advantageous for the City to continue to collect the high interest rates on its funds and borrow money at lesser rates. Steve Sweetwood asked about t he risks involved in investing city funds and Mrs. Burt stated t hat the city only invested with banks and savings and loans companies where the funds are insured. There was discussion regarding loans and whether or not they could be obtained in increment as the City needed them. Staff was of the opinion that they could not, however, once they were awarded, the city would be reimbursed as it submitted justification for expenditures. The loan would not be given to t he city in a lump sum. *Correction at 6-25-84 meeting. 3 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 11, 1984 ,PAGE FOUR Councilmember Zeuschner was in favor of adopting the recommendations of staff as listed in the staff report dated June 11, 1984, page 10, C, 1-5 and page 13, VI, A-C. Councilmember Anderson felt that the city should make a commitment to the full package including a loan. Councilmember Lemons asked Council to cosider another proposal which is a combination of pay-as-you-go and borrowing from the city s resources. That way the city could fund the total package now and pay it back over a period of twelve years. He felt that t he projects should be funded at today's prices. Mayor Shelton, while he was not against borrowing for the projects, did feel that it should be put to a vote of the people t o see if they wanted to pay for it. Other Councilmembers felt that two funding measures on the ballot (public safety facility and funding water projects) would doom both to defeat. MOTION: Councilmember Zeuschner moved that authorization be granted as follows with regard to the June 11, 1984 staff report on the Water Management Program: 1. Preparation of an updated Master Plan for the city's water distribution system. 2. Set a goal for 1984-85 of replacing four miles of 2" water pipes and commit for funding that amount; about $300,000. 3. Authorize preparation of necessary engineering studies, envrionmental documents, and water ✓ ights applications required to develop a program to increase the City's water resources (well ✓ elocations and recharge basins) in accordance with the 1982 Water Management Plan; funding to come out of the $600,000 available. 4. Adopt the staff report on the job description and authorize the hiring of a Water Manager. 5. Funding of the projects is to come from the $600,000 available and, if needed, from the end of the year carryover. 6. Encourage passage of AB 3626. 7. Adopt the Proposed Immediate Expenditures listed on page 10 of the staff report, numbers 1-5. The motion was seconded by Councilmember Risley. 4 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 11, 1984 P AGE FIVE Councilmember Risley requested a report on what was and was not carried out in the current Master Plan; he wanted it documented w hy it was necessary to update it. Councilmember Zeuschner suggested that perhaps the new Water Manager could do that. MOTION: Councilmember Lemons offered a substitute motion to include going after the loan under the Clean Water Grant. The motion was seconded by Councilmember Anderson. There was considerable discussion regarding the motion and the substitute motion. It was determined, through questioning staff, t hat the city forces could only place 2.8 miles of pipe per year and maintain a current level of service. The substitute motion failed on the following roll call vote: AYES: Lemons, Anderson N OES: Risley, Zeuschner, Shelton MOTION: Councilmember Zeuschner amended his motion with regard t o the four miles of pipe installation per year to at least 2.8 miles per year. Councilmember Risley accepted the amendment. The motion carried on the following roll call vote: AYES: N OES: Risley, Zeuschner, Shelton Anderson, Lemons Council recessed briefly at 10:00 p.m. and reconvened at 10:20 p.m. Mayor Shelton asked Councilmembers whether they wished to continue discussion of this matter or continue it to the next meeting. Council decided that the matter should be continued. A-2 APPEAL TO NUISANCE ABATEMENT PROCEEDINGS ON VRM PROPERTY Gary Napper reviewed this matter stating that VRM had been n otified that a nuisance exists on their property and to have t he nuisance abated within thirty days or the City would remove t he problem and charge the property owners. The property owners appealed the matter and it is now before Council for their d etermination. Mayor Shelton opened the matter for public hearing. Ray Gallo, ✓ epresenting the property owners, stated that the property owners had previously asked Council to work with them in limiting access 5 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 11, 1984 P AGE SIX to 54th Street to help eliminate the problem. He maintained that t he property owners do not have control of the property because of vehicular access via 54th Street. MOTION: Councilmember Zeuschner moved that the hearing be closed. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) It was noted that there had been a cable across the 54th Street entrance 3 to 4 years ago, however, it had been removed by City Council action. Mayor Shelton stated that this matter had come before the Council on February 8, 1982 with property owners in the area objecting to blocking the 54th Street entrance. There was discussion relative to blocking the area further in from 54th Street rather than at the entrance. Councilmember L emons felt that the City had somewhat of an obligation to assist in keeping vehicular traffic out of the area if the property owners abated the current nuisance there. Mr. Gallo said that if the City agreed to limit access, the property owners would be g lad to clean it up. MOTION: CouncilmemberZeuschner moved that Council suspend the current notice and direct staff to work with the property owners' representative to discover a permanent solution to this problem. The motion was seconded by Councilmember Anderson and unanimously carried by roll call vote. (5-0) Mayor Shelton suggested that the people who brought this matter before Council in February of 1982 and were against blocking this area be contacted for their input. A-3 CONSIDERATION OF REVISIONS TO ORDINANCE NO. 54, PARKS AND RECREATION COMMISSION Steve Wolter reviewed the proposed ordinance for Council. One of t he major changes is extending the terms of the Commissioners to coincide with the expiration dates of other Council advisory bodies; December 31st of certain years. Mayor Shelton opened the matter to public hearing; there were no comments from the public. MOTION: Councilmember Anderson moved that the public hearing be closed.The motion was seconded by Councilmember Risley and unanimously carried. Councilmember Lemons suggested that in future ordinance amendments, it would be easier if staff would insert words in the 6 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 11, 1984 P AGE SEVEN e xisting ordinance and underline them and leave in the current wording that is to be eliminated with a line through it. MOTION: Councilmember Risley moved that the ordinance be read by title only. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) Mr. Napper read the ordinance by title only. MOTION: Councilman Lemons moved that the ordinance be adopted as a first reading. The motion was seconded by Councilman Zeuschner and unanimously carried. (5-0) A-4 CONSIDERATION OF BALLOT MEASURE FOR PUBLIC SAFETY FACILITY Gary Napper reviewed this item for Council stating that proposed ballot measure would be placed on the November 1984 ballot so t hat the community could decide if they were willing to fund a public safety facility. The facility will be constructed on the current Fire Station site and will cost approximately $2.04 million. The maximum debt service to retire the loan would be $280,000 over 20 years. The tax the community is being asked to consider would require 2/3 voter approval and would place a special tax on unimproved parcels of $20 per year, dwelling units of $40 per year and other improved property of $150 to $350 per year. S taff was recommending that Council adopt the resolution and direct the City Clerk to set the dates for submission of arguments and rebuttals on the tax measure. Mr. Napper suggested that Council may also wish to select among themselves authors to write the supporting argument and rebuttal if necessary. Mayor Shelton opened the matter to public hearing; there were no comments from the public. MOTION: Councilmember Anderson moved that the public hearing be closed. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) Councilmember Risley asked Chief Howell what kind of economics he e xpected to realize from the combining of functions in one building. Chief Howell stated that some employee functions could be combined, utilities, communications, and common areas. There was discussion regarding a sinking fund after retirement of t he debt service and Mr. LeSage stated that Council should e stablish one. 7 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 11, 1984 PAGE EIGHT Councilmember Zeuschner suggested assessing the tax based on parcel size. For example, parcel size divided by 1,000 multiplied by $2.00. He felt that perhaps that would be a more e quitable way to insure passage of the measure. Council agreed that they would like to see on paper this alternate way of assessing parcels. Mayor Shelton suggested that Council provide individual direction to staff during the next two weeks regarding this matter. It was noted that because of the time constraints of getting this matter to the County by July 19, 1934, Council would have to pass the resolution at their next meeting. Councilmember Lemons suggested changing the wording the ballot measure to include "... for Construction and Maintenance of a P ublic Safety Facility...' MOTION: Councilmember Zeuschner moved that Council include the language suggested by Councilmember Lemons regarding 'maintenance" in the ballot measure, and that staff do a sample utilizing a parcel size formula that makes allowance for unimproved property, residential property and commercial property. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) Councilmember Anderson suggested that Councilmembers Lemons and Zeuschner work on the argument in favor of the ballot measure. B. UNFINISHED BUSINESS B-1 WATER ADVISORY BOARD REPORT REGARDING CABRILLO WATER TRADE OFFER Gary Napper stated that the Water Advisory Board, at Council's ✓ equest had reviewed the VRM-proposed Cabrillo Water Trade offer in return for receiving City permits to develop a planned unit project on the 90 acre VRM Beach Tract. Although the Board did n ot make a recommendation, it did raise questions that it felt t he Council should consider in making a determination on this matter. Ray Gallo, representing the VRM property owners, suggested that Council appoint a committee and staff to work with him to put t ogether a development agreement for Council's consideration. MOTION: Councilmember Risley moved that the matter be tabled. The motion died for lack of a second. 8 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 11, 1984 P AGE NINE Councilmember Lemons stated that he thought the Board would give Council a recommendation on this matter. He was in favor of Mr. Gallo's proposal as he was unwilling to discard the possibility of 200 acre feet of water. Ray Kaltenbach, a member of the Water Advisory Board, stated that t he reason the Board had not given a recommendation was that t here was no proof of the amount of water, nothing to go on, just Mr. Gallo's word. Mr. Gallo disagreed stating that the State Department of Water Resources has indicated the quantity ofwater available and quality tests had been performed. He said that Mr. Kaltenbach had told the committee that this matter was in the providence of the Council and that they should not make a decision. Councilmember Risley stated that the reason he had moved to table t he matter is because, under the conditions of VRM, the city would have to agree to give VRM building projects priority for building. He stated that he would never agree to any kind of priority system for this group or any group on a deal of this kind. VRM should be dealt with like anyone else. * MOTION: Councilmember Lemons moved that a Council committee be appointed to work with staff and VRM. to fully investigate the proposal and return with a ✓ ecommendation. The motion was seconded by Councilmember Anderson and carried on the following ✓ oll call vote: AYES: NOES: Anderson, Lemons, Zeuschner, Shelton Risley Mayor Shelton appointed Councilmembers Anderson and Lemons to the committee to work on this matter. B-2 CONSIDERATION OF ADDENDUM TO PUBLIC IMPROVEMENT AGREEMENT FOR SE CORNER OF BEACH AND EMBARCADERO (DORN) Gary Napper explained that in 1976, the City had required the Dorns to post a $3,000 bond in lieu of constructing curb, gutter and sidewalk adjacent to their home on Beach Street. The City expected to underground utilities in the area and wanted the Dorns to wait until that was accomplished before installing the improvements. The undergrounding still has not taken place and, because the costs of installing curbs, gutter and sidewalks has increased greatly over the last eight years, the City Attorney h as determined that the Dorns liquidated their maximum costs in 1976 to the bond amount of $3,000. If the City required the Dorns to install the improvements now, the City would probably *Correction added at 6-25-84 meeting: In Councilmember Risley's opinion, VRM constant proposals before the Water Board and City Council kept the Water Advisory and the City staff from consideration of the City's real water problems and was a hindrance and inhabition to solution of the water problems. 9 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 11, 1984 P AGE TEN collect the bond amount and assume the increased costs of the constuction above the $3,000. The underground utility district in that area is projected to be completed by 1986. The Dorns h ave agreed to pay the City the $3,000 upon completion of the u ndergrounding and improvement. An addendum to the 1976 Agreement has been submitted for Council consideration and approval. Howard Gaines spoke at length on this matter. He stated that Dorn wants to "welsh" on his agreement to the City and Council should not allow it. They had been requested more than once to bring the bond up to date to protect the taxpayers. Mr. LeSage reminded Council that the City had requested that the Dorns not put in the improvements at that time; he had been w illing to do so. Warren Dorn reviewed the history of this matter for Council. Councilmember Zeuschner asked Mr. LeSage if the Dorns were liable for the amount of the project. Mr. LeSage said that they were only liable for the amount of the bond; $3,000. He also stated that Council had the option of doing nothing at this time. If the undergrounding is completed by 1986, which is when the bond expires, nothing has to be done. Closer to that time, if it does n ot look like the undergrounding will not be completed, the bond could be extended. MOTION: Mayor Shelton moved that Council enter into an agreement with Mr. and Mrs. Dorn on the extension of the agreement and exercise it if the City has to. The motion was seconded by Councilmember Anderson and carried on the following roll call vote: AYES: Anderson, Lemons, Zeuschner, Shelton NOES: Risley C. NEW BUSINESS C-1 REQUEST FOR FACILITY FEE WAIVER BY COAST GUARD AUXILIARY Steve Wolter reviewed this matter and pointed out that waiving t he fees for this organization would mean a loss of approximately $364 per year in revenues. However, this organization provides a t remendous amount of services for the community. His only concern is that waiving the fee for this group would encourage other non-profit community service organizations to request the same consideration. 10 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 11, 1984 P AGE ELEVEN MOTION: Councilmember Lemons moved that Council make a finding that the fee be waived for the Coast Guard Auxiliary's u se of the Veteran's Hall based on the valuable services they provide for the community. The motion w as seconded by Councilmember Lemons and unanimously carried by roll call vote. (5-0) C-2 RESOLUTION ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE O FFICE PERTAINING TO CANDIDATES STATEMENTS AND COSTS THEREOF...FOR GENERAL MUNICIPAL ELECTION TO BE HELD ON N OVEMBER 6, 1984 Gary Napper reviewed this item. He stated that the resolution w ould enable the City to collect costs from the candidates who w ished to have a statement published in the sample ballot. N omination papers for the November election may be picked up beginnning July 16th. MOTION: Councilmember Zeuschner moved for the adoption of the ✓ esolution. The motion was seconded by Councilmember Lemons and unanimously carried by roll call vote. (5-0) C-3 TIME EXTENSION FOR TENTATIVE TRACT NO. 1045 (PINEY WAY VILLAGE) Mike Multari informed Council that the developer is requesting a one-year time extension to enable it to secure enough water e quivalencies to construct the first phase of the project and to try to find a solution to the sewer surcharge problem that e xists. The Planning Commission has recommended approval of the ✓ equest. MOTION: Councilmember Lemons moved for adoption of the resolution. The motion was seconded by Councilmember Zeuschner and unanimously carried by roll call vote. (5-0) C-4 CORRESPONDENCE FROM PLANNING COMMISSION REGARDING PROBLEMS WITH DRAINAGE FACILITIES BETWEEN PRESTON AND RADCLIFF ON MAIN STREET Mr. Multari reviewed this matter stating that the project consists of 46-space recreational vehicle campground located on Main Street between Preston Lane and Radcliffe Street. When considering this matter, the Planning Commission recognized the n eed for additional campsite facilities in Morro Bay, however, t he site is in a low-lying area of the City and subject to potential storm drainage problems. They required, as part of t heir approval, that the developer install storm drainage 11 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 11, 1984 P AGE TWELVE facilities as approved by the City Engineer which are adequate to drain the water generated by a storm with a 25-year frequency. Although the Commission recognized that this requirement would probably make the project economically infeasible because of the expense, they did not waive the requirement because they did not feel it was in the City's best interests to approve a project w ith substandard facilities. Mr. Multari reviewed the options available to provide the n ecessary drainage facilities; require the developer to supply t he facilities, form an assessment district, or charge a development fee for the purpose of constructing the facilities. S taff 'feels that the assessment district in the most desirable in the long-term. Currently, staff is working with the developer on short-term solutions. Councilmembers discussed this matter and were of the general consensus that they would like to see the project proceed. MOTION: Mayor Shelton moved that a detailed report be prepared by Staff and the possibility of a formation of a storm d rainage assessment district be assessed; also, that staff continue to work with the Smith's on the short- t erm. The motion was seconded by Councilmember Risley and unanimously carried by roll call vote. (5-0) C-5 REQUEST BE DEL MAR ENTERPRISES TO USE FRONT STREET NEAR THE ��, CENTENNIAL STAIRWAY FOR A TOUR BUS STOP I�'' Mr. Multari reviewed this matter stating that the Del Mar. Group has requested a Conditional Use Permit to allow them to install bus stop benches and signs at the foot of the Centennial Stairway o n Front Street and at the Morro Rock parking lot. Although the City would realize the loss of two parking spaces on Embarcadero by approving this request, the Commission felt that this would be o ffset by operation of the bus reducing congestion on the Embarcadero. The Commission granted approval of the request for a one-year period only. MOTION: Councilmember Risley moved for approval of the resolution. The motion was seconded by Councilmember Anderson and unanimously carried by roll call vote. (5-0) Mr. Vreeland, the applicant, asked Council to also approve their u se of City property at the maintenance yard through December to park and service their bus. Mayor Shelton directed that he work w ith staff on that. Mr. Napper stated that he had some concerns MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 1,1 1984 P AGE THIRTEEN ✓ egarding liability, however, he would review the matter and ✓ eport back to Council. C-6 CONSIDERATION OF ASSIGNMENT OF LEASE SITES 71-73, 71W-73W, (PLEASANTRY, BREWERY) Mr. Napper stated that the Mitchells were requesting assignment o f their lease sites to Morro Bay Marina. They would remain sub- lessees on the property and Morro Bay Marina would then hold all the leases on the entire block. They have plans to construct a n ew development encompassing the entire block in the near future and at that time, will be required to convert to a City P ercentage Lease. In considering this assignment, staff d etermined that the assignees were financially qualified, and ✓ ental payments are current. Since no new use accompanies this ✓ equest, staff was recommending adoption of the resolution with conditions; 1) certain maintenance repairs be accomplished within 60 days and assignee will post a performance bond for completion o f revetment and piling repairs within two years, 2) Morro Bay Marina agrees to be bound by the outcome of the Cabrillo lawsuit and agrees for appraisal at fair market value, and 3) conversion to a single City lease upon development of the consolidated lease sites. Councilmember Risley asked if this matter had been before the Harbor Commission and Mr. Napper stated that it had not. Mr. Trapp, representing the assignees, asked that Council hold up o n the matter of converting to a City lease. Jack Wallace, P roperty Manager, explained that that would not go into effect until he began the new development. Councilmember Risley asked about the status of the lawsuit with Mitchell. Mr. Napper stated that he had been informed by Mr. Mason that both attorneys were working on getting a trial date set for this. Councilmember Risley felt that it is a bad policy for the City to enter into an assignment on this when there is legal litigation hanging over the City. He also objected to the fact that the Harbor Commission had not reviewed the matter. Councilmember Lemons stated that the City had an employee h andling harbor matters and making recommendations on real estate matters; he did not see reviewing of leases a function of the Harbor Commission. MOTION: Councilmember Zeuschner moved that Council adopt the resolution and staff recommendation for conditions. The motion was seconded by Councilmember Lemons and carried on the following roll call vote: 13 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 11, 1984 PAGE FOURTEEN AYES: Lemons, Zeuschner, Shelton NOES: Risley ABSTAIN: Anderson There was discussion regarding which matters should go through the Harbor Commission and it was decided that Staff should use ncp iant9j&gd Cooi.pttlh ion as a model and make recommendations to D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES FROM MEETING OF MAY 11, 1984 Mr. Napper recommended that Council approve the minutes as submitted. D-2 RESOLUTION OF APPRECIATION TO PORT SAN LUIS HARBOR FOR ASSISTANCE DURING SPRUCE GOOSE CHASE AND 20 U.S. COAST GUARD AUXILIARY, ALEX SHUTZ, ART CORDWIN AND THEIR CREWS A FOR ASSISTANCE DURING RACE of Mr. Napper recommended that Council approve the resolution and authorize the Mayor to sign. D-3 RESOLUTION OF APPRECIATION TO BOB NORDSKOG FOR WORK ON SPRUCE GOOSE RACE r Mr. Napper recommended adoption of the Resolution. Councilmember Zeuschner requested that included in this resolution be words to thank Mr. Nordskog "and his staff, especially Mr. Wade Worley, Mr. Steve Frank and Ms. Judy Welch..." D-4 AWARD OF BID FOR 1975 FIRE TRUCK Mr. Napper recommeded that Council award the bid to ABA Test Company for $4,000 and direct staff to deposit the money in the General Fund. D-5 CORRESPONDENCE FROM CITY OF PISMO BEACH REGARDING PG&E ELECTRIC RATE INCREASE Mr. Napper recommended that Council receive for file. D-6 APPROVAL OF WATER RATE RESOLUTION Mr. Napper recommended that Council adopt the Resolution. MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 11, 1984 P AGE FIFTEEN D-7 RESOLUTION OF APPRECIATION TO ELENOR KOLB FOR SERVICE ON REFUSE BOARD Mr. Napper recommended adoption of the Resolution in appreciation of Mrs. Kolb's service. D-8 SLO COUNTY INTER -AGENCY BOMB TASK FORCE AGREEMENT Mr. Napper recommended that Council endorse the creation of a County Bomb Task Force by authorizing $1,645 as Morro Bay's contribution and direct the Police Chief to be the City's representative to the task force. D-9 PARKING PROBLEMS, 800 BLOCK EMBARCADERO AND FRONT STREETS Mr. Napper moved that Council adopt the Resolution authorizing t he action. MOTION: Councilmember Risley moved for approval of the Consent Calendar, items D-1 through D-9 with the amendment to D-3.. The motion was seconded by Councilmember Anderson and unanimously carried by roll call vote. (4-0-1) E. INDIVIDUAL DETERMINATION- AND/OR ACTION E-1 CITY COUNCIL Mayor Shelton stated that he would be out of town during the next Council meeting on June 25th. Mayor Shelton requested a staff report regarding the break-ins occurring on the harbor boats. E-2 CITY ADMINISTRATOR Mr. Napper requested Council to approve a one month extension on t he Animal Control Contract. This will allow the cities in the County to work with the County Animal Regulation Department regarding some problems. MOTION: Councilmember Zeuschner moved that the Mayor be authorized to sign the agreement for an extension of the Animal Control Contract until July 31, 1984. The motion was seconded by Councilmember Anderson and unanimously carried by roll call vote. (4-0-1) Mr. Napper stated that Council needed to have a meeting with the Cayucos Sanitary District before July 1st to adopt the JPA budget for the next fiscal year. He said that he would be in contact with Council regarding a date for the following week. 15 MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 11, 1984 PAGE SIXTEEN E-3 CITY ATTORNEY None. MOTION: Councilmember Anderson moved that the meeting be adjourned. The motion was seconded by Councilmember Risley and unanimously carried. (4-0-1) The meeting adjourned at 1:20 a.m. RESPECTFULLY SUBMITTED, • ARDITH DAVIS Deputy City Clerk 16