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HomeMy WebLinkAboutCC_1983-09-26 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1983 RECREATION HALL - 7:30 P.M. CITY HALL CONFERENCE ROOM: 4:OO P.M. - Presentation by Steve Rebuck (Save Our Shellfish) regarding abalone planting in Morro Bay 5:00 P.M. - Harbor Commission Interviews RECREATION HALL - 7:30 P.M.: ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION - Charles Erickson, St. Peter's Episcopal Church A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 Appeal of Larry Hutchison to findings of Building Official regarding unsafe dock at 915 Embarcadero A-2 Ordinance to amend Section 2.09 of the Morro Bay Municipal Code changing the date for the regular municipal election to the same date as the statewide general election in November A-3 Consideration of revisions to the Parkland Dedication Ordinance (cont. from 9/12) B. UNFINISHED BUSINESS B-1 Request for $500 funding from Family Services Center B-2 Report regarding adoption of final Transportation Development Plan and addendum B-3 Annual Report from Property Management Consultant C. NEW BUSINESS C-1 Consideration of establishing a committee to explore the possibility of development of a Cooperative. Home Insurance Program in Morro Bay, C-2 Request for City policy approach regarding "Granny Housing" C-3 Consideration of parking lease agreement between the City of Morro Bay and Michael DeGarimore C-4 Report regarding refuse problem on VRM property (54th Street) C-5 Review of Planning Commission interpretation of zoning related to retail furniture sales C-6 Future joint meeting dates with Cayucos Sanitary District C-7 Resolution supporting Cal Trans Landscaping Proposals for Highway 1 in Morro Bay C-8 Rejection of Offer for Dedication on Parcel Map 79-278 C-9 Future joint meeting dates between City Council and Refuse Franchise Board D. CONSENT CALENDAR D-1 City Council minutes of September 12, 1983 D-2 City of Morro Bay Expenditure Report for August, 1983 D-3 Resolution commending Gere Sibbach upon his resignation D-4 Proposed Task Order No. 3 for WWTP Construction Management; Amendment No. 3 to Task Order No. 2 for WWTP Construction Management; Revised Task Order No. 3 for WWTP Office Engineering Services and Amendment No. 3 to Task Order No.. 2, WWTP Office Engineering Services D-5 Resolution requesting the NRC to consider testimony regarding the Diablo Nuclear Power Plant at the October 24, 1983 hearings in San Luis Obispo (Cont. from 9/12) D-6 Engagement of CPA audit firm for 1983-84 D-7 Appointment of City Treasurer D-8 Coast Guard Lease renewal for moorings, offices and storage D-9 Renewal of NPDES Permit for WWTP Discharge requirement E. INDIVIDUAL ACTION AND/OR DETERMINATION E-1 City Council E-2. City Attorney E-3 City Administrator MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1983 RECREATION HALL - 7:30 P.M. AGENDA NO Date 1©// O Action Mayor Shelton called the meeting to order at 7:30 p.m. ROLL CALL PRESENT: ABSENT: STAFF: Eugene R. Shelton John Lemons Bruce Risley Bud Zeuschner Rodger Anderson P aul Baxter Michael LeSage Murrel Crump Gary Napper N ick Nichols Shirley Sommers S teve Wolter Bernie Zerr Mayor Councilmember Councilmember Councilmember Councilmember (Excused) City Administrator City Attorney Community Development Dir. Asst. to City Administrator Public Works Director Accountant Recreation Director Fire Chief A. PUBLIC HEARINGS, REPORTS AND APPEARANCES A-1 APPEAL OF LARRY HUTCHISON TO FINDINGS OF BUILDING OFFICIAL REGARDING UNSAFE DOCK AT 915 EMBARCADERO Mr. Baxter stated that this Public Hearing had been set for the appeal of Larry Hutchison to the findings of the Building O fficial, as described at the previous Council meeting. Mr. Baxter stated that Mr. Hutchison had met with representatives of t he City and a proposal has been developed by Mr. Hutchison, to meet the requirements as stated by the City. Mr. Baxter noted t hat a repair schedule as well as a schedule for rental payments w ith interest, had been attached. Mr. Baxter informed Council t hat a Notice of Termination had been sent to Mr. Hutchison ✓ egarding the back rental owed, however, this notice had been extended to September 28th, to allow Council time for consideration of the rental payment schedule. Mr. Hutchison stated that he had nothing to add to the letter as submitted. Mr. Crump stated that he had one item to add to his staff report, and that was contained in the language regarding the gangway, wording should be added to state that it must "meet live load ✓ equirements". 1 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1983 PAGE TWO Councilmember Risley asked why the interest was not taken back to July lst. Mr. Baxter stated that although the rent is due on July 1st, it is not considered to be in default until it is 30 days overdue. Mayor There Shelton opened the Public Hearing. were no comments or MOTION: Councilmember closed. The Zeuschner and q uestions. L emons moved that the Public Hearing be motion was seconded by Councilmember carried unanimously. (4-0-1) Councilmember Lemons stated that he had serious concerns about the width and height of the gangway and railings, and felt that t hese were definite safety factors that should be addressed prior to resuming use of the dock. Mr. Crump acknowledged that the width was not up to code, and stated that the height for the railings should be 42 inches ✓ ather than 38. Mr. Crump explained that although structurally it would be considered non -conforming, this status can continue u ntil the "structural life" of the dock has ended. Mr. LeSage stated that he was extremely concerned about the liability aspect of allowing the dock to go into use without correcting these safety problems, as they are known to the City. Mr. LeSage suggested that if they are not all done at once, that a definite time frame be placed on them for completion. Councilmember Lemons questioned the City Attorney regarding the City's liability for injury from these conditions. Mr. LeSage stated that the City would have a definite liability ✓ isk, and should not allow the non -conforming safety problems to continue. There was additional discussion regarding the findings of the Building Official, and the proposal of the appellant. Councilmember Risley was concerned about collection of back ✓ ental. Mr. Baxter stated that the City follows a policy of sending a 30 day n otice to the leaseholder when rents are delinquent, and charging interest on backrents. 2 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1983 PAGE THREE Council discussed the proposal, and noted the fact that they had not received it in sufficient time to review it thoroughly. Council also concurred that the safety aspects of the dock should be corrected prior to the injunction being lifted. Mr. Baxter suggested that the matter be continued. Councilmember Risley stated that a slight rewording to the staff recommendation to state that the findings of the Building Official be upheld and use of the dock denied as indicated in the attached staff report, subject to the approval of the Building Official, would allow the Building Department to take control of what improvements needed to be made. There was additional discussion regarding what improvements Council would require prior to allowing the appellant to use the dock. Councilmember Lemons did not feel that Council should permit premature use of the dock until safety is assured. Ivan Rosenberg felt that many structures in town were not to code, and felt that unless it was a safety issue, it shouldn't be forced to be brought to code prior to the reopening of the dock. Council agreed that the safety issues were most important. Councilmember Zeuschner felt that staff should separate the safety issues from the code violations. MOTION: Councilmember Zeuschner moved that the Council uphold the findings of the Building Official and deny the appellants use of the dock until all safety repairs are made and all code violation improvements are scheduled, with staff to delineate safety vs. code features; and that Council approve the payment schedule as amended, with interest payments from July 31, 1983. The motion was seconded by Councilmember Risley and carried unanimously. (4-0-1) A-2 ORDINANCE TO AMEND SECTION 2.09 OF THE MORRO BAY MUNICIPAL CODE CHANGING THE DATE FOR THE REGULAR MUNICIPAL ELECTION TO THE SAME DATE AS THE STATEWIDE GENERAL ELECTION IN NOVEMBER Mr. Baxter stated that this was an Ordinance that would change the date of the municipal election to coincide with the state- wide general election in November. Mr. Baxter noted that this 3 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1983 PAGE FOUR item had been previously discussed during budget discussions. Mr. Baxter recommended approval for a first reading. Mayor Shelton opened the Public Hearing. There were no comments or questions. MOTION: Councilmember Lemons moved that the Public Hearing be closed. The motion was seconded by Councilmember Risley and carried unanimously. (4-0-1) MOTION: Councilmember Zeuschner moved that the Ordinance be ✓ ead by title and number only. The motion was seconded by Councilmember Lemons and carried by a u nanimous vote of Council. (4-0-1) Mr. Baxter read the Ordinance by title and number only. MOTION: Councilmember Lemons moved that the Ordinance be approved as a first reading. The motion was seconded by Councilmember Zeuschner and carried by t he following roll call vote: AYES: Lemons, Zeuschner, Risley, Shelton N OES: None ABSENT: Anderson A-3 CONSIDERATION OF REVISIONS TO THE PARKLAND DEDICATION ORDINANCE Steve Wolter informed Council that two separate Ordinances had been prepared and redrafted to implement certain mandatory changes in the Parkland Dedication Ordinance, as well as provide Council with the opportunity to make policy decisions concerning in -lieu fees, maximum park acreage per thousand acres of land, and the method by which in -lieu fees are determined. Mr. Wolter briefly explained the various methods by which in -lieu fees can be determined, and noted that Mr. LeSage had reviewed the redrafted Ordinances. Mayor Shelton opened the Public Hearing. There were no comments or questions regarding this item. MOTION: Councilmember Risley moved that the Public Hearing be closed. The motion was seconded by Councilmember Zeuschner and carried unanimously. (4-0-1) 4 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1983 PAGE FIVE MOTION: Councilmember Zeuschner moved that Council consider four acres/thousand as the standard for Parkland Dedication. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: Zeuschner, Risley, Shelton NOES: Lemons ABSENT: Anderson Councilmember Lemons objected to an increase in acreage for park dedication and stated that the increased cost to the developer is just passed on to the home buyer. Mayor Shelton stated that he looked at it as a long-term investment for the maintenance and improvement of the City's parks, and somethings that all residents should contribute to. Councilmember Risley concurred, and stated that it is one way for the City to recoup its costs for maintenance of the City's parks. Councilmember Zeuschner inquired about the 20o to be added to the in -lieu fees. Mr. Wolter stated that the 20% was used for improvements on property dedicated, and added to the in -lieu fees as a substitute for improvement on property. MOTION: Councilmember Zeuschner moved that the Council adopt an in -lieu fee plus 20o as their standard. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: Zeuschner, Risley, Shelton NOES: Lemons ABSENT: None Council then discussed the various methods of arriving at in -lieu fees, such as assessments, appraisals, sale price, or average acre value. Mr. Wolter noted that the League of California Cities recently recommended property be appraised at the developers expense, but stated that staff did not feel this would be effective in Morro Bay, and instead were recommending average value per acre as the method of determining in -lieu fees. 5 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1983 PAGE SIX Council discussed the above noted methods, and concurred that average value/acre might be the easiest method, but felt that the appraisal should still be allowed if the developer questioned the in -lieu fee. MOTION: MOTION: Councilmember Zeuschner moved that the method of determining in -lieu fees be the average value per acre or appraisal at the option of the City Engineer. The motion was seconded by Councilmember Risley and carried unanimously. (4-0-1) Councilmember Zeuschner moved that the Ordinances be read by title and number only. The motion was seconded by Councilmember Lemons and carried unanimously. (4-0-1) Mr. Baxter read both Ordinances by title and number only. MOTION: Councilmember Zeuschner moved that both Ordinances be adopted as first readings. The motion was seconded by Councilmember Risley and carried by the following roll call vote: AYES: Zeuschner, Risley, Lemons, Shelton NOES: None ABSENT: Anderson Council recessed briefly at 9:15 p.m. and reconvened at 9:25 p.m. B. UNFINISHED BUSINESS B-1 REQUEST FOR $500 FUNDING FROM FAMILY SERVICES CENTER Sharon Christensen, Vice President of the Executive Board for Family Services Center, was present to request funding in the amount of $500 from Council. Ms. Christensen explained the Center's activities and volunteer efforts, and stated that approximately 18% of their clients are from the north coast area. Councilmember Zeuschner thanked Ms. Christensen for attending, and stated that he was familiar with "Warm Line", one of their primary activities. MOTION: Councilmember Zeuschner moved that the City grant the Family Services Center $500 as requested. The motion was seconded by Mayor Shelton and carried unanimously.(4-0-1) 6 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1983 PAGE SEVEN Councilmember Risley stated that although the Family Services Center was certainly a worthwhile group, he hated to deplete the entire fund for aid to other agencies. Councilmember Zeuschner noted that most other agencies that had made requests had either appeared or not requested funding a second time. B-2 REPORT REGARDING ADOPTION OF FINAL TRANSPORTATION DEVELOPMENT PLAN AND ADDENDUM Mr. Baxter stated that the Final TDP had been prepared incorporating information and changes as requested by Council and provided by members of the public. Councilmember Risley stated that the consultant had done a good job of incorporating suggestions into the plan, and it was his recommendation that the Ad -hoc Transportation Committee become a permanent advisory committee to the Council. MOTION: Councilmember Lemons moved that the Council adopt the Resolution approving the Final Tranportation Development Plan as submitted. The motion was seconded by Councilmember Zeuschner and carried unanimously. (4-0-1) B-3 ANNUAL REPORT FROM PROPERTY MANAGEMENT CONSULTANT Mr. Jack Wallace provided Council with a report summarizing the year's activities regarding the waterfront leases. Mr. Wallace provided Council with information concerning rents collected, lease changes and conversions, inspections, reappraisals, audits and site improvements, and well as providing council with prospects for the next year. Councilmember Risley asked Mr. Wallace what the status of several leases were including the Golden Tee and the Tidelands site. Mr. Baxter stated that the Golden Tee was still in receivership and the City could not act until the bankruptcy court makes its decision. Mr. Wallace stated that there were 3 interested parties in the new lease site next to the Tidelands Park, and this will go to bid in the next few months. Howard Gaines stated that the City should concentrate on collecting their rent, and establish a policy that delinquencies 7 MORRO BAY CITY COUCIL REGULAR MEETING - SEPTEMBER 26, 1983 PAGE EIGHT be determined weekly and acted upon. Mr. Gaines also felt that improvement and maintenance requirements should be clarified. MOTION: Councilmember Risley moved that Council receive the ✓ eport from Mr. Wallace for file. The motion was seconded by Councilmember Lemons and carried u nanimously. (4-0-1) C. NEW BUSINESS C-1 CONSIDERATION OF ESTABLISHING A COMMITTEE TO EXPLORE THE P OSSIBILITY OF DEVELOPMENT OF A COOPERATIVE HOME INSURANCE P ROGRAM IN MORRO BAY Chief Zerr stated that this matter was being recommended as a way t o maintain the current level of service in the Fire Department, which is becoming more difficult each year. Chief Zerr stated t hat he was not recommending any Council action, other than a committee to investigate the feasibility of this type of a program for Morro Bay. Chief Zerr noted that other communities in California had begun the program, with many communities in the process of investigating its feasibility. There were several speakers in opposition to the program, including Mr. Bill Morley, Mr. Dennison, Mr. Gaines, Ms. Myers, Mr. Grower, Mr. Ward, Mr. Barber, Mr. Beatty, Mr. Wise and Mr. Morley Sr. Their concerns included possibly encroachment of local government into private enterprise, competititon with local businesses, the City's liability exposure, and the discrimination against certain insurance carriers. Mr. Bill Hannah, representative of C.H.I.P., stated that there w ere many misunderstandings regarding this program, and that it would take several hours to thoroughly explain it. Mr. Hannah u rged Council to set up a committee and he would be happy to make a presentation regarding the program. Councilmember Lemons opposed the program and the committee, and did not feel it was right for the City to participate in such a program. Councilmember Zeuschner stated that although the City did not w ant to compete with business, if the program would benefit the h omeowner and the city, he would be in favor of it. Mayor Shelton stated that he had not heard any answers during t onights discussion, just questions, and he felt that the Council 8 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1983 PAGE NINE should Hannah, MOTION: MOTION: establish a committee to hear the presentation from Mr. and make their recommendations back to Council. Councilmember Risley moved that Council adopt the staff recommendation to appoint a subcommittee to study the program. The motion died for lack of a second. Councilmember Lemons moved that the report be tabled. The motion died for lack of a second. There was additional discussion regrading the establishment of a committee. MOTION: Councilmember Zeuschner moved that the staff ✓ ecommendation be adopted, and a subcommittee be e stablished. The motion was seconded by Councilmember Risley and carried by a 3-1-1 vote (Lemons - NO, Anderson - Absent) Councilmember Risley suggested that Mr. Garrow, Mr. Wise and Chief Zerr be asked to sit on the Committee. Mayor Shelton stated that he would like to have Jan Meyers sit on the Committee also. Council agreed that the Mayor would select the remaining two members for the Committee. C-2 REQUEST FOR CITY POLICY APPROACH REGARDING "GRANNY HOUSING" Murrel Crump informed Council that effective July 1st, SB 1534 was effective. Mr. Crump explained that this was a second unit bill, providing that individual municipalities can provide for t hese second units by creating or designating certain areas where t hey mould be permitted, or make certain findings that the second units are prohibited due to public health and safety or other reasons. The bill also provides that if no local ordinance h as been effected, state law will be in effect. Mr. Crump stated that the City Council should provide a policy direction for the Planning Commission. Mr. Crump noted that the recommends the development of a local designating certain areas for the second P lanning Commission ✓ egulatory ordinance u nit development. 9 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1983 PAGE TEN Councilmember Zeuschner asked what the advantage of a local ordinance would be over the state law. Mr. Crump stated that a local ordinance could designate certain areas within the city while the state regulations would apply to the entire city. Councilmember Risley felt that the Planning Commission should prepare a draft local ordinance, and hold public hearings to ascertain what areas should be designated for this purpose. MOTION: Councilmember Risley moved that the City Council direct the Planning Commission to prepare a draft ordinance to implement SB 1534, 'Granny Housing'. The motion was seconded by Councilmember Zeuschner and carried unanimously. (4-0-1) M'May Diffley stated that the Planning Commission should study the advantages of all aspects of this bill, and the idea of allowing other ages to occupy the rental, rather than strictly senior citizens. Howard Gaines felt that the state law meant the second units to be for rental only and not speculation, and felt that if the City designated certain areas for this type of housing, it would be descriminating against the other residential areas. Councilmember Lemons felt that in their consideration of a draft ordinance, the Planning Commission should address issues such as: the idea of 'owner -occupied" one unit; enforcement of this bill; parking provisions for the second unit; area limitation; age specific; for rent or sale enforcement; the increase in density caused by the second unit, and whether the unit should be attached or detached. Councilmember Risley stated that he would like to include this in his motion, Councilmember Zeuschner agreed. The motion was amended to read: MOTION: (as amended) Councilmember Risley moved that the City Council direct the Planning Commission to prepare a draft ordinance to implement SB 1534 'Granny Housing" and to study the areas specifically mentioned by Councilmember Lemons as noted above. The motion as amended was seconded by Councilmember Zeuschner and carried unanimously. (4-0-1) 10 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1983 PAGE ELEVEN C-3 CONSIDERATION OF PARKING LEASE AGREEMENT BETWEEN THE CITY OF MORRO BAY AND MICHAEL DEGARIMORE Mr. Baxter stated that Mr. DeGarimore had requested permission from the City Council to lease a City parking area to provide the ✓ equired parking for Lease Sites 90 and 90W. Mr. Baxter e xplained that Mr. DeGarimore had acquired those lease sites a year and a half ago but has been unable to develop them due to a lack of onsite parking. Mr. Baxter stated that this proposal had been negotiated by Jack Wallace and Mr. DeGarimore as a temporary solution to his parking situation. Mr. Baxter stated that the lot is located adjacent to the PG&E plant, and would be partially improved by Mr. DeGarimore. Mr. Baxter noted that Mr. LeSage had been reviewing the lease as drafted, and will answer any questions regarding the document. Mr. Wallace stated that Mr. DeGarimore's plans to develop the site where the old machine shop is located would be a benefit to t he City as well, and urged the Council to approve the lease. Mr. Wallace noted several terms of the lease, and stated that if a parking assessment district can be set up, this will solve the parking problem, and the lease would then automatically t erminate. Mr. Crump stated that Mr. DeGarimore had attempted to make private arrangements for parking but was unable to do so, and t his lack of parking had limited his development. Mr. Crump noted that even with the parking lease with the City, only the wholesale operation would be allowed and this would still have to be approved by the Coastal Commission. Mr. LeSage stated that the lease deals with 21 parking spaces, is non-exclusive (parking will still be available for the public) and requires a schedule of improvements should a parking assessment district not be developed. Councilmember Risley objected to approving this lease without t aving prior knowledge of it, or opportunity to thoroughly review it. Councilmember Zeuschner stated that he would take the recommendation of City staff and the City Attorney regarding the lease. Mr. LeSage noted that several changes had been made, and reviewed t hose changes with Council. 11 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1983 PAGE TWELVE MOTION: Councilmember Risley moved to refer this matter to the next meeting. The motion died for lack of a second. Council discussed the parking arrangements, and the number of spaces required. MOTION: Councilmember Lemons moved that the lease agreement approved as amended by the City Attorney. The motion was seconded by Councilmember Zeuschner and carried by the following roll call vote: AYES: NOES: ABSENT: Lemons, Zeuschner, Shelton Risley Anderson There was additional discussion regarding enforcement of this parking lease. Mr. Bob Schiebelhut stressed the need to get the development of this site underway, and noted that it would not be to the applicants advantage to violate the parking arrangements. C-4 REPORT REGARDING REFUSE PROBLEM ON VRM PROPERTY (54TH ST.) Mr. Nichols noted that at Council's direction, staff had investigated the various alternatives to the dumping problem at 54th Street. Mr. Nichols stated that the alternatives were very limited: 1) direct the property owner to clean-up the property, in which case the owner would probably request the street be closed off and 2) have the City take responsibility for the clean-up. Mr. Nichols stated that only other option he could think of would be to do nothing. Councilmember Zeuschner asked if the property owners could be required to fence their property off. Councilmember Risley felt that there was a fourth option, which would be to direct the property owners to clean up the area, and to post a sign on 54th Street stating that there is a $500 fine for littering or dumping, and also to ask staff to contact the Coastal Conservancy regarding development of this street end for public access. 12 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1983 PAGE THIRTEEN MOTION: Councilmember Zeuschner moved that the Council ask staff to direct the property owners to abate the trash on their property, and to have staff post signs as noted above, as well as investigating the potential for development of the 54th Street end w ith the Coastal Conservancy. The motion was seconded by Councilmember Risley and carried u nanimously. (4-0-1) C-5 REVIEW OF PLANNING COMMISSION INTERPRETATION OF ZONING RELATED TO RETAIL FURNITURE SALES Mr. Crump stated that the Planning Commission had requested Council ratification of their interpretation of C-1 zoning for retail furniture sales. Councilmember Zeuschner asked why this matter had been brought before the Commission. Mr. this Crump stated that several zoning designation. inquiries had been made regarding MOTION: Councilmember Risley moved that the Council ratify the P lanning Commission interpretation of zoning related t o retail furniture sales. The motion was seconded by Councilmember Zeuschner and carried unanimously. (4-0-1) C-6 FUTURE JOINT MEETING DATES WITH CAYUCOS SANITARY DISTRICT Mr. Baxter stated that he had been requested by the Cayucos S anitary District to set up a joint meeting with the City Council. Council discussed possible meeting dates, and concurred that O ctober 17, 1983, at 5:00 p.m. would be the best day. Council directed Mr. Baxter to convey this information to the Cayucos Board, with an alternative date of October 18th at 5:00 p.m. C-7 RESOLUTION SUPPORTING CAL TRANS LANDSCAPING PROPOSALS FOR HIGHWAY 1 IN MORRO BAY Mr. Baxter stated that Cal Trans had submitted a proposal landscaping of Highway 1 in Morro Bay and this proposal had approved by the Planning Commission. Mr. Baxter noted that proposal would need to be reviewed and approved by Highway Commission, and funds are very limited so Cal Trans requested support from the City Council for this project. for been this t he h as 13 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1983 PAGE FOURTEEN Councilmember Risley inquired about the water usage for this project° Mr o Nichols stated that water is available, and the water useage would be for a limited period of time MOTION: Councilmember Risley moved that Council adopt the Resolution in support of the Cal Trans proposal to landscape State Highway One within the City of Morro Bay° The motion was seconded by Councilmember Zeuschner and carried unanimously. (4-0-1) C-8 REJECTION OF OFFER FOR DEDICATION ON PARCEL MAP 79-278 Mr. Nichols stated that this was a routine matter regarding Parcel Map 79-278. The developer has offered to dedicate a portion of land, but not to improve it. Mr e Nichols noted that since City policy has been to reject any offer of dedication unless it is improved to City standards, staff is recommending rejection of this offer of dedication MOTION: Councilmember Risley moved that Council reject the offer of dedication without prejudice and adopt the Resolution as submitted. The motion was seconded by Councilmember Zeuschner. Council briefly discussed the location of the parcel and the dedication offer. Mr o LeSage stated that the offer to dedicate should be a perpetual offer, to allow the City to accept at some time in the future° Council agreed that this should be part of the Resolution. MOTION: Councilmember Zeuschner moved to continue the matter to the following meeting o The motion was seconded by Councilmember Risley and carried unanimously° (4-0-1) C-9 FUTURE JOINT MEETING DATES BETWEEN CITY COUNCIL AND REFUSE FRANCHISE BOARD .. -.Oa Council discussed possible meeting dates with the Refuse Franchise Board, and concurred that September 29th at 5:00 p.m° would be the best date for this joint meeting Staff will notify the Refuse Board of this date and time. Do CONSENT CALENDAR 14 MORRO BAY CITY COUNCIL REGULAR MEETING OF SEPTEMBER 26, 1983 PAGE FIFTEEN D-1 CITY COUNCIL MINUTES OF SEPTEMBER 12, 1983 Mr. Baxter recommended that Council approve the minutes as submitted. D-2 CITY OF MORRO BAY EXPENDITURE REPORT FOR AUGUST, 1983 Mr. Baxter recomended that Council approve the Expenditure Report as submitted. D-3 RESOLUTION COMMENDING GERE SIBBACH UPON HIS RESIGNATION Mr. Baxter recommended that Council approve the Resolution as submitted. D-4 PROPOSED TASK ORDER NO. 3 FOR WWTP CONSTRUCTION MANAGEMENT; AMENDMENT NO. 3 TO TASK ORDER NO. 2 FOR WWTP CONSTRUCTION MANAGEMENT; REVISED TASK ORDER NO. 3 FOR WWTP OFFICE ENGINEERING SERVICES AND AMENDMENT NO. 3 TO TASK ORDER NO. 2 FOR WWTP OFFICE ENGINEERING SERVICES Mr. Baxter recommended that Council approve the Office Engineering Services changes as submitted, and pull the remaining items for discussion. D-5 RESOLUTION REQUESTING THE NRC TO CONSIDER TESTIMONY REGARDING THE DIABLO CANYON NUCLEAR POWER PLANT AT THE OCTOBER 24, 1983 HEARINGS IN SAN LUIS OBISPO Mr. Baxter recommended that Council approve the Resolution as submitted. D-6 ENGAGEMENT OF CPA AUDIT FIRM FOR 1983-84 Mr. Baxter recommended that Council approve the audit agreement with the firm of Glenn, Burdett, Phillips, and Booker, as submitted. D-7 APPOINTMENT OF CITY TREASURER Mr. Baxter recommended that Council continue this matter to the next meeting. D-8 COAST GUARD LEASE RENEWAL FOR MOORINGS, OFFICES AND STORAGE Mr. Baxter recommended that Council approve the lease renewal as submitted. 15 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1983 PAGE SIXTEEN D-9 RENEWAL OF NPDES PERMIT FOR WWTP DISCHARGE REQUIREMENT Mr. Baxter recommended that Council authorize staff to file for the City's NPDES Permit and also approve a transfer of $1,700 from sewer fund contingencies, with a portion to be billed to the Cayucos Sanitary District. Councilmember Risley requested that items D-3 and D-9 be pulled for discussison. MOTION: Councilmember Risley moved that the Consent Calendar, items D-1, D-2, D-5, D-6, and D-8 be approved as submitted. The motion was seconded by Councilmember Zeuschner and carried by the following roll call vote: AYES: Risley, Zeuschner, Lemons, Shelton NOES: None ABSENT: Anderson D-3 Resolution commending Gere Sibbach upon his resignation Councilmember Risley stated that he disliked the "perfunctory" treatment of Mr. Sibbach, and wished that there was some way for Council to express their appreciation for his efforts. Mr. Baxter agreed, but stated that the Resolution will be formally presented to Mr. Sibbach at the following meeting. MOTION: Councilmember Zeuschner moved that the Council approve the Resolution commending Mr. Sibbach as submitted. The motion was seconded by Councilmember Risley and carried unanimously. (4-0-1) D-4 Proposed Task Order Amendments and Revisions, WWTP Construction Management and Office Engineering. Mr. Baxter noted that he would recommend the approval of the Office Engineering Services as submitted. MOTION: Councilmember Zeuschner moved that the Council approve the Office Engineering Service amendments as submitted. The motion was seconded by Councilmember Risley and carried unanimously. 16 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1983 PAGE SEVENTEEN Mr. Nichols explained to the Council the reasons for the changes and amendments to the Construction Management Services agreement, and noted that an extra cost would be incurred. Mr. Nichols stated that this cost would have to be reviewed by the SWRCB prior to being grant fund eligible. Mr. Baxter noted that the extra cost had been incurred due to the delay in construction, but also noted that he did not feel this was a correct charge, as their was no change in service level. Mr. Baxter explained however, that regardless of whether the charge is approved by Council or not, the State will have to approve the added charges. Council discussed possible alternative actions, and the results of any approval. MOTION: D-7 - Tabled. Councilmember Zeuschner moved that Council authorize t he Public Works Director to forward the amendments and changes to the Construction Management Agreement t o the State Water Resources Control Board for t heir approval. The motion was seconded by Councilmember Risley and carried unanimously. (4-0-1) D-9 Renewal of NPDES Permit for WWTP Discharge requirement Councilmember permit. Mr. year Lemons asked if this was the Discharge Waiver Nichols stated that renewal. MOTION: it was not, it was just a required five Councilmember Lemons moved that Council authorize staff to file the NPDES Permit and transfer $1,700 from sewer contingencies with a portion to be billed to the Cayucos Sanitary District. The motion was seconded by Councilmember Zeuschner and carried unanimously. (4-0-1) E. INDIVIDUAL DETERMINATION AND/OR ACTION 17 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1983 PAGE EIGHTEEN E-1 CITY COUNCIL Councilmember Lemons asked if the City could require those persons who would be parking in the restaurant parking lots along the Embarcadero and going out on the commercial fishing vessels, to park in other areas. Mr. Baxter stated that currently the City only performs parking control as requested, but perhaps the City could investigate metering of this area, prior to the establishment of an assessment district. Councilmember Risley noted that he had received a complaint about the dips in Monterey Street at Dunes and Pacific. Council directed staff to investigate the cost of correction of these dips, or placement of additional warning signs. Mayor Shelton stated that the County Mayors had recommended that a Resolution regarding restoration of local control of land use designations be submitted to the League of California Cities. This Resolution will be brought up at a later meeting. Mayor Shelton recommended that the City look into a report by the City Manager of Visalia on City Manager Entrepenural skills. Mayor Shelton stated that he would like to see support for an overflow RV parking study. Mr. Baxter stated that he would direct staff to begin such a study. Mayor Shelton requested that staff investigate the signal light at San Jacinto and the amount of time alloted for pedestrian crossing. Councilmember Risley urged Councilmembers Lemons and Zeuschner to lobby for AB1666 while attending the League Conference in San Francisco. E-2 CITY ATTORNEY Mr. LeSage noted that there will be a Closed Session at 5:00 p.m. on October 10th for the findings of the City Attorney regarding the Nist appeal. 18 MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1983 PAGE NINETEEN E-3 CITY ADMINISTRATOR Mr. Nichols noted that a pre -construction conference was held with the Corps of Engineers regarding breakwater reconstruction, which is scheduled to begin around the 3rd. Mr. Nichols noted that the proposed construction will conflict with the Harbor Festival. MOTION: The meeting Councilmember Lemons moved that the adjourned to 5:00 p.m. on September 29, motion was seconded by Councilmember carried unanimously. (4-0-1) was adjourned at 12:57 a.m. RESPECTFULLY SUBMITTED, // / PEGG./ !.. HANAN DEPUTY CITY CLERK meeting 1983. Zeuschner be The and 19