Loading...
HomeMy WebLinkAboutJanuary to December (6)v m n m 3 ca m a 0. NOTICE OF CANCELLED REGULAR MEETING NOTICE IS HEREBY GIVEN that the Regular Meeting of the Morro Bay City Council scheduled for Monday, December 26, 1994 is hereby cancelled. The next regularly scheduled City Council meeting will be held on Monday, January 9, 1995 at 6:00 p.m. in the Morro Bay Veterans' California. Memorial Building, 209 Surf Street, Morro Bay, DATED: December 15, 1994 BRIDGE�R, City Clerk City of Morro Bay, California #4PPY #0114MYS 4. City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - DECEMBER 12, 1994; 5:15 P.M. CLOSED SESSION - DECEMBER 12, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54957, PERSONNEL Discussions regarding personnel issues including one public employee regarding discipline/release/evaluation. E-2 GOVERNMENT CODE SECTION 54956.8, REAL PROPERTY TRANSACTIONS Instructing city's real property negotiator regarding the price and . terms of payment for the purchase, sale, exchange, or lease of real property as to two parcels. PUBLIC SESSION - DECEMBER 12, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS a 1 i. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF NOVEMBER 14, 1994 AND NOVE14BER 28, 1994 A-2 STATEMENT OF CASH AND INVESTMENTS - NOVEMBER 1994 A-3 EXPENDITURE REPORT - NOVEMBER 1994 A-4 RESOLUTION NO. 122-94 DESIGNATING ON -STREET HANDICAPPED PARKING SPACE ALONG SHASTA AVENUE A-5 RESOLUTION NO. 120-94 AMENDING RESOLUTION NO. 07-94 (WATER MANAGEMENT PLAN) TO REFLECT EFFECTIVENESS IMMEDIATELY UPON CERTIFICATION BY COASTAL COMMISSION A-6 RESOLUTION NO. 121-94 AWARDING CONTRACT FOR FLOATING DOCKS REPLACEMENT; (PW 94-04) A-7 RESOLUTION NO. 124-94 APPROVING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITES 65-66/65W-66W 8 RESOLUTION NO. 123-94 APPROVING APPLICATION FOR TARGET ROCK AREA BOAT LAUNCH GRANT A-9 PROCLAMATION HONORING RETIRING CHIEF DAVE BROWN A-10 REVIEW OF EMERGENCY PLAN EXERCISE A-11 REJECTION OF CLAIM AGAINST THE CITY; (DURAN) A-12 APPROVAL TO CANCEL THE SECOND REGULARLY SCHEDULED CITY COUNCIL MEETING OF DECEMBER 26, 1994 A-13 NOTICE OF COMPLETION FOR TIDELANDS PARK RESTROOM RENOVATION A-14 RESOLUTION NO. 118-94 COMMENDING KATHLEEN LEECH-MAROSZ B. UNFINISHED BUSINESS B-1 CONSIDERATION OF REPLACEMENT OF HARBOR OFFICE BUILDING C. NEW BUSINESS C-1 REQUEST TO SET DATE FOR COMMUNITY WORKSHOP C-2 CONSIDERATION OF CONSOLIDATION OF ADVISORY BOARDS AND RESOLUTION NO. 125-94 APPROVING EXTENSION OF THE EXPIRATION DATES OF COMMISSIONS AND . ADVISORY BOARDS C-3 SET DATES TO INTERVIEW APPLICANTS FOR COMMISSION/ADVISORY BOARDS E 0-4 CONSIDERATION OF COUNCIL DISCRETIONARY APPOINTMENTS C-5 CONSIDERATION OF INSTALLATION OF WEATHER WARNING FLAGS AT NORTH T-PIER AND RELATED CITY POLICY D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 RESOLUTION NO. 117-94 APPROVING MORRO BAY GARBAGE SERVICE RATE INCREASE REQUEST AND AMENDMENT OF FRANCHISE FEE'PERCENTAGE D-2 RESOLUTION NO. 103-94 APPROVING THE MAJOR VEGETATION REMOVAL, REPLACEMENT AND PROTECTION GUIDELINES D-3 ORDINANCE NO. 441: AMENDMENT TO GARBAGE SERVICE PICK-UP TIMES IN CERTAIN VISITOR -SERVING AREAS OF THE CITY (FIRST READING/INTRODUCTION) F COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF • YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. • 3 II • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - DECEMBER 12, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: ABSENT: STAFF: CLOSED SESSION William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger None Dave Howell David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Unger moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 5:15 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: ABSENT: William Yates Rodger Anderson Colby Crotzer Cathy Novak Ahnawake Unger None Mayor Councilmember Councilmember Councilmember Councilmember 1 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1994 PAGE 2 STAFF: Dave Howell City Administrator David Hunt City Attorney Rick Algert Harbor Director Bridgett Bauer City Clerk Bill Boucher Public Works Director Don Funk Community Development Director Jeff Jones Fire Chief Joe Loven Police Chief Andrea Lueker Recreation and Parks Director Ray McKelligott led the Pledge of Allegiance. LIGHTEN UP Linda Donnelly presented the Lighten Up this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates presented a Certificate of Recognition to City Clerk Bridgett Bauer. Mayor Yates stated Council appointed Dave Howell as City Administrator in Closed Session; and also appointed Joe Loven as Police Chief. tMayor Yates presented a Certificate of Appreciation to Sang Hyun Kim for his efforts in assisting the Police Department on November 7, 1994 by disarming an armed robber at his family -owned market, Morro View Market. Mr. Kim stated he was honored for "taking a bite out of crime." Mayor Yates presented a Certificate of Appreciation to Carrie Osborn and Tarah Lillmars for their efforts in assisting the Police Department on November 13, 1994 by apprehending and detaining shoplifting subjects who had stolen over $1,000 in merchandise from Embarcadero merchants. Mayor Yates presented a Key to the City to PG&E Plant Manager, Wayne Brossard, for his 30 years of service with PG&E and his involvement in community activities. Mayor Yates thanked City employees for their hard work on the Lighted Boat Parade and the City Christmas tree lighting. Mayor Yates stated sales tax revenues for the second quarter of this year are up 6.9 percent. Mayor Yates announced Rescue 911 will be airing a Morro Bay incident on Tuesday, December 13th. • Mayor Yates announced Council will be hosting a Christmas lunch for the City employees on Thursday, December 15th. 2 �1 I • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1994 PAGE 3 Councilmember Crotzer stated he has not continued to pursue a City non-smoking ordinance because the statewide law will go into effect on January 1, 1995. Councilmember Unger stated she is on the Cuesta College Women's Forum Board and is looking for volunteers to act as workshop facilitators and help with other duties. Councilmember Anderson stated he is formally resigning from the City Community Promotions Committee. PUBLIC COMMENT Mary Phillips stated she spoke with Assemblyman Bordonaro and believes he will be helpful in regards to State Water. She presented new State Constitutions received from the Assemblyman to the Council. Janice Peters addressed Council on Item A-8 regarding the grant application for the Target Rock boat launch ramp. She said this has been discussed at previous Planning Commission meetings and public comments have been negative. She does not want to see the view of the City from the Target Rock area lost in a boat trailer parking lot. Lynda Merrill stated she would like Item A-8 (Target Rock grant application) pulled from the Consent Calendar and reagendized as a Public Hearing item. She also addressed Item C-2 (Considera- tion of Consolidation of Advisory Boards) stating she felt it would be better to keep the boards as they are and utilize people who have been willing to serve on various boards. Ms. Merrill stated non -Morro Bay residents should not serve on City boards. Roger Ewing stated his opposition to a boat launch ramp at Target Rock. He said the Water Advisory Board, Planning Commission, and Recreation & Parks Commission have all opposed the ramp. Mr. Ewing stated his opposition is based on environmental grounds because of the sea otters and kelp beds; it is a liability because of its proximity to the harbor; the inlet is narrow and the current is heavy at times; and traffic circulation is poor. Mr. Ewing requested this item be pulled from the Consent Calendar and reagendized as a Public Hearing item. Ann Freeman stated it is premature to apply for a grant for the proposed boat launch ramp. She said many citizens are opposed to a ramp in that location. Ms. Freeman requested this item be pulled from the agenda. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1994 PAGE 4 Ray McKelligott expressed his opposition to the proposed boat launch ramp at Target Rock and stated he spent three weekends during the busy season at Tidelands Park and found there was no problem with traffic. He said Council will move heaven and earth to spend the money if this grant is approved. Leabah Winter requested the grant application for a boat launch ramp be pulled from the agenda. She addressed Item C-2 regarding the consolidation of advisory boards, stating the charge of any advisory group should not be so broad or so complex that the board cannot be effective or consider all the issues. Ms. Winter stated non -Morro Bay residents should not serve on City boards. She also said discussion on Item D-3 (Amendment to Garbage Service Pick -Up Times) should include encouragement toward more recycling. Sue Melvin expressed her concern regarding the grant application for a boat launch ramp at Target Rock. She also addressed Item C-2 (Consideration of Consolidation of Advisory Boards) stating she felt more community involvement was desirable and a variety of people should be heard. John Barta requested a progress report on the City's water situation; he said there is an opportunity for the City to pick up some very inexpensive water with a better environmental impact. Mayor Yates stated a letter has been drafted and sent to the County Board of Supervisors requesting consideration to purchase additional State Water. Leonard Bernstein stated his business is located across from Morro Bay Garbage Company. He said the garbage company is using this location as a garbage truck assembly depot which is not an appropriate zone for such a use. Mr. Bernstein requested action be taken to prevent the continuing use of this office as a truck depot. Mayor Yates closed the hearing to public comment. Councilmember Anderson requested an item be agendized to review the contract with ECOSLO's Rock Solid Recycling Program. Councilmember Unger requested Councilmember Anderson's requested agenda item include the financial status of ECOSLO's Rock Solid Recycling Program. 4 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1994 PAGE 5 Councilmember Crotzer stated the San Luis Obispo Council of Governments has informed the City that there are project funds for the Main Street Class I bikeway in the amount of $318,000; he requested an item be agendized to discuss how the project would be designed and how the money will be expended. Mayor Yates requested the following items be agendized: ♦ Consideration of an ordinance addressing private property improvements and the required public improvements; ♦ Review of South Bay Boulevard improvements; ♦ Discussion on restriping Market Street to provide diagonal spaces on one side to increase parking; ♦ Review of the one-way streets on Monterey Avenue between Pacific and Harbor. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF NOVEMBER 14, 1994 AND NOVEMBER 28, 1994 Mr. Howell recommended Council approve the minutes of November 14, 1994 and November 28, 1994 as submitted. A-2 STATEMENT OF CASH AND INVESTMENTS - NOVEMBER 1994 Mr. Howell recommended Council approve the Statement of Cash and Investments for November 1994 as submitted. A-3 EXPENDITURE REPORT - NOVEMBER 1994 Mr. Howell recommended Council approve the Expenditure Report for November 1994 as submitted. A-4 RESOLUTION NO. 122-94 DESIGNATING ON -STREET HANDICAPPED PARKING SPACE ALONG SHASTA AVENUE Mr. Howell recommended Council approve Resolution No. 122-94 designating the on -street handicapped parking space along Shasta Avenue immediately adjacent to a wheelchair ramp located at the northwesterly intersection of Shasta Avenue and Harbor Street. 5 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1994 PAGE 6 A-5 RESOLUTION NO. 120-94 AMENDING RESOLUTION NO. 07-94 (WATER MANAGEMENT PLAN) TO REFLECT EFFECTIVENESS IMMEDIATELY UPON CERTIFICATION BY COASTAL COMMISSION Mr. Howell recommended Council approve Resolution No. 120-94 amending Resolution No. 07-94 to reflect effectiveness and implementation of the Water Management Plan immediately upon certification by Coastal Commission. A-6 RESOLUTION NO. 121-94 AWARDING CONTRACT FOR FLOATING DOCKS REPLACEMENT; (PW 94-04) Mr. Howell recommended Council approve Resolution No. 121-94 awarding the construction contract for Project No. PW 94-04, Floating Docks Replacement Project, to Associated Pacific Constructors, Inc. in the amount of $460,137.88. A-7 RESOLUTION NO. 124-94 APPROVING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITES 65-66/65W-66W Mr. Howell recommended Council approve Resolution No. 124-94 authorizing assignment of Lease Site 65-66/65W-66W from James and Beverly Maul to The James H. Maul and Beverly Maul Revocable Trust, A-8 RESOLUTION NO. 123-94 APPROVING APPLICATION FOR TARGET ROCK AREA BOAT LAUNCH GRANT Mr. Howell recommended Council approve Resolution No. 123-94 authorizing application for a grant to construct a second boat launch ramp in the Target Rock area. A-9 PROCLAMATION HONORING RETIRING CHIEF DAVE BROWN Mr. Howell recommended Council adopt the Proclamation commending Chief David L. Brown upon his retirement from public service. A-10 REVIEW OF EMERGENCY PLAN EXERCISE Mr. Howell recommended Council receive the Emergency Plan Exercise report for information. A-11 REJECTION OF CLAIM AGAINST THE CITY; (DURAN) Mr. Howell recommended Council reject the claim against the City filed by Mr. Duran. A-12 APPROVAL TO CANCEL THE SECOND REGULARLY SCHEDULED CITY COUNCIL MEETING OF DECEMBER 26, 1994 . Mr. Howell recommended Council cancel the second regularly scheduled City Council meeting of December 26, 1994. is L MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1994 PAGE 7 A-13 NOTICE OF COMPLETION FOR TIDELANDS PARK RESTROOM RENOVATION Mr. Howell recommended Council accept the Tidelands Park Restroom Renovation (Project No. PW 94-01) as complete and authorize the Notice of Completion to be filed. A-14 RESOLUTION NO. 118-94 COMMENDING KATHLEEN LEECH-MAROSZ Mr. Howell recommended Council approve Resolution No. 118-94 commending and thanking Kathleen Leech-Marosz for her service on the Streets and Trees Committee. Councilmember Unger pulled Item A-1 (Minutes of November 28, 1994), and Item A-5 from the Consent Calendar; and Mayor Yates pulled Item A-8. MOTION: Councilmember Crotzer moved Council approve the Consent Calendar with the exception of item A-1 (Minutes of November 28, 1994), Item A-5, and Item A-8. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF NOVEMBER 14, 1994 AND NOVEMBER 28, 1994 Councilmember Unger requested additional language be added to the minutes of November 28, 1994. She said she will submit the proposed language to the City Clerk; and requested the revised minutes be brought back to Council for reconsideration at the January 9, 1995 City Council meeting. MOTION: Councilmember Unger moved Council approve the City Council minutes of November 14, 1994. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) A-5 RESOLUTION NO. 120-94 AMENDING RESOLUTION NO. 07-94 (WATER MANAGEMENT PLAN) TO REFLECT EFFECTIVENESS IMMEDIATELY UPON CERTIFICATION BY COASTAL COMMISSION Councilmember Unger requested the following revision to the last paragraph of Resolution No. 120-94: "...The Water Management Plan will be added located to in the General Plan Lane Use, Open Space and Conservation Elements after Program LU80.5 and added to the Local Coastal Program Land Use Plan, Section V..." Councilmember Unger stated this item cannot be implemented without being a part of the City's General Plan. Public Works Director Bill Boucher responded it will become a part of the General Plan once it is certified by the Coastal Commission. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1994 PAGE 8 MOTION: Councilmember Unger moved Council approve Resolution No. 120-94 as amended. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) A-8 RESOLUTION NO. 123-94 APPROVING APPLICATION FOR TARGET ROCK AREA BOAT LAUNCH GRANT Mayor Yates clarified this item is an application for a grant only; and there will be future opportunities for public input on the placement of the launch ramp. He said the deadline for the grant application is December 31, 1994, and that is why it is on the agenda tonight. Councilmember Crotzer stated when grant monies are received there is pressure to go forward with the project. He requested this item be reagendized as a public hearing item. Councilmember Unger stated this item needs more public input. Councilmembers Anderson and Novak agreed to approve Resolution No. 23-94 in order to apply for the grant, and hear public comment when it is scheduled as a public hearing. MOTION: Councilmember Novak moved Council approve Resolution No. 23-94. The motion was seconded by Councilmember Anderson and carried with Councilmember Crotzer and Councilmember Unger voting no. (3-2) Mayor Yates called for a break at 7:40 p.m.; the meeting resumed at 8:00 p.m. D-1 RESOLUTION NO. 117-94 APPROVING MORRO BAY GARBAGE SERVICE RATE INCREASE REQUEST AND AMENDMENT OF FRANCHISE FEE PERCENTAGE Public Works Director Bill Boucher reviewed the request for garbage rate increase and decrease in franchise fee. He stated the reduction of the franchise fee is appropriate to maintain the existing level of payment to the City to meet recycling program and administrative costs. Mr. Boucher stated staff and the Franchise Advisory Board recommend Council approve the requested rate increase of 18%, approve the franchise fee decrease to 21%, and authorize the Mayor to sign Resolution No. 117-94 and associated franchise agreement amendments. Staff also recommends an across-the-board percentage increase be borne equally by all subscribers including the cost of orange bags. D MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1994 PAGE 9 • Tom Martin, Controller for Morro Bay Garbage, explained the rate of return and stated profit was $9,000 per year. He said tonnage has increased since the Rock Solid Recycling Program started. Mr. Martin stated the orange bag program requires a subsidy as it does not pay for itself and will continue to grow with rate increases. Councilmember Crotzer asked why the tonnage was increasing. Mr. Martin responded the business community could be rebounding because of the economy and thus adding more eharge volume. He added new houses could be adding more tonnage with each person per household contributing one ton of garbage per year. Mayor Yates stated he was under the impression the City's landfill amount had been reduced. Mr. Martin responded the total amount of tonnage going to Cold Canyon has been reduced and the waste stream has gone down significantly. He said private businesses are not hauling as much; however, the amount of garbage hauled by Morro Bay Garbage has gone up 90 tons. Councilmember Novak asked if green waste was being taken away? Mr. Martin responded Rock Solid offered that service once a month. The question is whether or not citizens are participating effectively and that becomes an educational process. itCouncilmember Unger asked if the landfill keeps records of where trash comes from? Mr. Martin responded yes, it is asked upon entering the landfill where they are from. Councilmember Unger asked what the increase is used for? Mr. Martin responded it goes towards operating expenses. 0 Mayor Yates opened the hearing to public comment. Lynda Merrill asked where the franchise fee goes in the City's budget? Mr. Boucher responded the bulk of the money goes to the curbside recycling program and the remainder goes to the General Fund. Ms. Merrill asked if the fee increase would result in the City providing fewer services? Mr. Boucher responded the concept is to keep the dollar level the same; a rate increase has a commensurate decrease in the franchise fee. Leonard Bernstein stated he has compared rates with other cities and garbage companies and found Morro Bay is at the top of the list as far as price is concerned, with Morro Bay paying up to 150% more than other cities in the area. Mary Phillips questioned the cost of orange bags. She asked if compost is considered as tonnage? Ms. Phillips said people should have an incentive to recycle. E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECE14BER 12, 1994 PAGE 10 • Linda Donnelly said she was sorry to see Morro Bay Garbage lose the recycling contract and asked if they would have to raise rates if they had the contract? deliver to Los Angeles or San Francisco. Dale Reddell stated he supports the increase because of the professional service Morro Bay Garbage provides. He said people do not recycle as much as they could because Morro Bay Garbage is not doing the recycling, and the City should review the Rock Solid contract and possibly revert to the use of Morro Bay Garbage. Anne Freeman stated she recycles more because Rock Solid has made recycling convenient. Charles Palmer stated he went from six cans per week to one orange bag per month, causing a big drop in revenue for the garbage company. He said the increase is based on businesses which is not fair to residents. Janice Peters stated Rock Solid has provided a good recycling It program and would like to be assured Morro Bay Garbage would provide as much service if awarded the contract. Mr. ,Martin stated Morro Bay has the most extensive recycling program in the county. He said historically, businesses have borne more of the costs in Morro Bay than elsewhere. Mr. Martin stated Cold Canyon does not accommodate compost; instead it is buried and considered as tonnage. He-said-rates-will-net-ge-dewn if-44orro--Bay-[farbege--reeeives-fihe--reeyeiing--contras-;-beeaase reeyeisng-t=TM-�-e�-irr-��s--ef--$2(30--pe��-ton-fror-eperating eests- Councilmember Unger asked if the franchise fee was reduced and the increase was approved, is there a bigger difference than just 18% across-the-board increase? Mr. Martin responded the 18% is predicated on the City dropping the franchise fee to 22%. If the franchise fee is not dropped, the increase will have to be higher. Charlie Cattaneo, President of Morro Bay Garbage, stated recycling is on an upswing with a return on sales. He added if there is a profitable situation, then there will be a tendency to lower garbage rates. Ed Biagginni stated the garbage company is looking for a much • larger increase than 18%. He said he would like the garbage company to be the recycler for the City. 10 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1994 PAGE 11 Mayor Yates closed the hearing to public comment. Councilmember Anderson stated businesses bear a larger portion per unit of costs in Morro Bay. He said there are a number of people who are concerned that the Rock Solid program is not providing what was promised. Councilmember Anderson stated there are extra costs in having two different companies operating in the same territory. Councilmember Unger stated it appears the City controls what Morro Bay Garbage may charge. Mr. Boucher responded if the City lowered the amount of revenue gleaned from the franchise fee, there would presumably be a reduction in customer rates. Councilmember Unger asked if the franchise fee could be lowered? Mr. Boucher responded it could be done with due consideration regarding the impacts on the General Fund. Councilmember Unger stated she would like to review the recycling program and the reduction of the franchise fee. Councilmember Novak stated she would like to take a look at a total recycling program. She said a lot of green waste is not being recycled. Councilmember Novak stated she does not want to raise rates until other options are explored. Councilmember Crotzer stated he does not want to put this increase on the backs of the citizens. He said cities are under mandates to reduce landfill use and that puts a burden on garbage companies. Councilmember Crotzer stated there need to be incentives to educate people in order to recycle and that is why the orange bags are important. He noted that green waste was not included in the garbage company proposal, but was in the ECOSLO contract. Mayor Yates asked Mr. Martin what would happen if no increase was granted tonight. Mr. Martin responded there is a time factor involved. He said Option 3 allows for mitigation of the problem with a 9% increase. Mayor Yates stated he is still disturbed with the increased hit on the citizens that has already occurred. He said he would support the 9% increase, rather than 10% next month and 11% the following month. Councilmember Novak stated she will support the 9% rate increase; however, she would like to consider reducing the rates in the future. • Councilmember Crotzer stated he will promote whatever it takes to get people to recycle. 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1994 PAGE 12 is Councilmember Unger stated she would prefer to wait until the finance director is on -board before making a decision on rate increases. • Councilmember Anderson stated he is in support of the 9% rate increase at this time. MOTION: Mayor Yates moved City Council approve a 9% increase in garbage rates. The motion was seconded by Councilmember Anderson. Councilmember Novak stated retroactive billing is going to be a problem and believes the increase should be higher than 9%. Councilmember Unger suggested the money be taken out of the City's General Fund. Mayor Yates stated he would support withdrawing his motion so the City's General Fund could make up the difference for the first two months of 1995 for $15,000. He suggested Council discuss the issue again before the March 1st billing cycle. Mayor Yates withdrew his motion; Councilmember Anderson withdrew his second. MOTION: Councilmember Unger moved Council postpone the decision on the increase in garbage rates until a finance director is on -board, with the contingency that the first billing cycle deficit will be paid by the City's General Fund. The motion was seconded by Mayor Yates and carried with Councilmembers Anderson and Crotzer voting no. (3-2) Mayor Yates called for a break at 9:40 p.m.; the meeting resumed at 10:00 p.m. D-2 RESOLUTION NO. 103-94 APPROVING THE MAJOR VEGETATION REMOVAL, REPLACEMENT AND PROTECTION GUIDELINES Community Development Director Don Funk reviewed the removal, replacement, and protection guidelines for major vegetation. He said the most important elements of the proposal are: 1) the proposed guidelines have been expanded to encompass all major vegetation as required by the California Coastal Act; 2) the proposed guidelines shift the focus from a removal permit process to protection and replacement of vegetation; 3) the proposed guidelines streamline the process by allowing the Planning and Building Department to process some permits without Planning 12 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1994 PAGE 13 Commission review; and 4) the proposed guidelines are more flexible since they will allow removal of healthy major vegetation as long as the vegetation is being replaced. Mr. Funk recommended Council adopt Resolution No. 103-94 approving the draft guidelines. Councilmember Anderson asked if he wanted to remove a tree in his yard, would he be forced to replace it with another tree? Mr. Funk responded he could show that a replacement tree would not be desirable and would not be required to plant another one. Councilmember Anderson asked for language that would insure that a citizen would not be required to plant a tree on private property. Mayor Yates stated he does not support the draft guidelines due to the restriction it places on property owners. Councilmember Unger asked what costs are involved for tree removal? Mr. Funk responded there is one permit with a fee per tree. Councilmember Crotzer stated the Planning Commission made an effort to mitigate the butterfly habitat by making the Caratans wait until after the nesting season to remove trees; however, the habitat is permanently removed. He said the pine pitch canker is spreading to Morro Bay and will affect the urban forest. Councilmember Crotzer stated he would like to see more effort go into husbandry with the planting of trees. He concurs with maintaining Items 1 through 5, and substantially changing Item 6 in the Criteria for Vegetation Removal Permits. Some trees could be designated as neighborhood landmarks and require community input. Mayor Yates opened the hearing to public comment. Mary Phillips stated she does not want anyone telling her what to do on her property. She said trees should not be planted on public property that would grow over 25 feet in height. John Barta stated as a taxpayer he does not want the City to regulate what he does with his property. Don Smith stated the proposed guidelines will discourage people from planting trees. Joy Fitzio of the San Luis Obispo County Farm Bureau thanked staff on the inclusion of fruit trees in Item 1(A-6). Lynda Merrill requested the exclusion for single-family dwellings to include condominiums. 13 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1994 PAGE 14 Dale Reddell stated there are City trees adjacent to his property which he requested to have removed. Mayor Yates stated these guidelines should not include public trees. Al Paul stated bureaucracy will keep people from planting trees. Bill Olson stated the City has been cutting trees in its right- of-way for years without replacing them. He hopes that there will be improvement in the existing system. Mayor Yates closed the hearing for public comment. Mayor Yates stated he would like to eliminate Section B of the guidelines entirely, along with pruning and replacement policies, fines and penalties. He said he would like staff to return with an ordinance that will protect trees in Items I-A(5). Mayor Yates stated citizens should be able to remove trees at will without permit or judgment from anyone. Councilmember Unger stated she is an avid tree lover; however, she does not want to tell property owners what they can or cannot do with their trees. Councilmember Anderson stated the less regulations placed on private property owners the better. He said improvements should be made voluntarily, and not by regulation. Councilmembers Crotzer and Novak concurred to maintain the rights for private property owners. MOTION: Mayor Yates moved Council return the proposed guidelines back to staff and requested protection guidelines that will maintain Items I-A(1-5), excepting crops in Number 3; Numbers 2, 3, and 4 in Item B will move to A, and B will be eliminated; fines and pruning sections should be eliminated. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) MOTION: Mayor Yates moved Council remove Item I-A(1) be removed from the guideline criteria. The motion was seconded by Councilmember Anderson and carried with Councilmembers Crotzer and Unger voting no. (3-2) MOTION: Councilmember Unger moved Council proceed past 11:00 p.m. to hear Items D-3 and C-1. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) 11 14 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1994 PAGE 15 D-3 ORDINANCE NO. 441: AMENDMENT TO GARBAGE SERVICE PICK-UP TIMES IN CERTAIN VISITOR -SERVING AREAS OF THE CITY (FIRST READING/INTRODUCTION) Public Works Director Bill Boucher summarized the staff report and recommended Council conduct a public hearing and approve Ordinance No. 441 for first reading by number and title. Councilmember Anderson stated he lives in the commercial zone where the complaints originated and he agrees that 7:00 a.m. would be a feasible starting time. Councilmember Novak stated the City's noise ordinance allows for this service to begin at 7:00 a.m. which seems to be a reasonable hour. Mayor Yates said the Motel & Restaurant Association asked for 8:00 a.m. as the starting time for garbage pick-up which seems reasonable to him. Mayor Yates opened the hearing for public comment. Tom Martin stated as of December 1, 1994, the garbage company had changed their garbage pick-up to 7:00 a.m. He said during the tourist season, 8:00 a.m. could create a problem with It circulation. • Leonard Bernstein stated visitors have complained about being awakened at 6:30 a.m. or 7:00 a.m. by garbage trucks. People like to sleep in when they are on vacation and consideration should be given to tourists that visit the City. Charlie Cattaneo stated based on the City's Noise Ordinance, noise is allowed to start at 7:00 a.m., which includes construction and deliveries. He said fishermen go out fishing at 4:30 a.m., and they make a lot of noise. Mr. Cattaneo stated 8:00 a.m. is not a reasonable pick-up time. Mayor Yates closed the hearing for public comment. Council concurred that 7:00 a.m. is a fair compromise for garbage pick-up. MOTION: Councilmember Unger moved to have Ordinance No. 441 read by title and number. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) City Administrator Dave Howell read Ordinance No. 441 by title and number. 15 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1994 PAGE 16 Mayor Yates requested an amendment be made to the ordinance so it covers the entire City; then return to Council for approval of introduction and first reading. MOTION: Mayor Yates moved to rescind the motion for first reading of Ordinance No. 441. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 CONSIDERATION OF REPLACEMENT OF HARBOR OFFICE BUILDING This item was continued to the January 9, 1995 City Council meeting. C. NEW BUSINESS C-1 REQUEST TO SET DATE FOR COMMUNITY WORKSHOP Council scheduled the Community Workshop for Wednesday, January 18, 1995 at 6:00 p.m. in the Veteran's Memorial Building. C-2 CONSIDERATION OF CONSOLIDATION OF ADVISORY BOARDS AND RESOLUTION NO. 125-94 APPROVING EXTENSION OF THE EXPIRATION DATES OF COMMISSIONS AND ADVISORY BOARDS MOTION: Councilmember Unger moved Council approve Resolution No. 125-94 approving the extension of the expiration dates of commissions and advisory boards to January 31, 1995. The motion was seconded by Mayor Yates and unanimously carried. (5-0) Further discussion on the consideration of consolidation of commissions and advisory boards was continued to the next City Council meeting of January 9, 1995. C-3 SET DATES TO INTERVIEW APPLICANTS FOR COMMISSION/ADVISORY BOARDS This item was continued to the January 9, 1995 City Council meeting. C-4 CONSIDERATION OF COUNCIL DISCRETIONARY APPOINTMENTS This item was continued to the January 9, 1995 City Council meeting. C-5 CONSIDERATION OF INSTALLATION OF WEATHER WARNING FLAGS AT NORTH T-PIER AND RELATED CITY POLICY • This item was continued to the January 9, 1995 City Council meeting. 16 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1994 PAGE 17 40 F. ADJOURNMENT MOTION: Councilmember Unger moved The motion was seconded by unanimously carried. (5-0) The meeting adjourned at 11:27 p.m. Recorded by: Bridgett Bauer City Clerk the meeting be adjourned. Councilmember Crotzer and 17 City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. PUBLIC SESSION - DECEMBER 6, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 PRESENTATION OF COLORS - BOY SCOUTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the •following actions are approved without discussion. nq -q A-1 RESOLUTION NO. RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 1994, AND DECLARING THE RESULTS THEREOF B. UNFINISHED BUSINESS - NONE C. NEW BUSINESS C-1 REMARKS BY MAYOR AND CITY COUNCILMEMBERS C-2 PRESENTATION TO COUNCILMEMBERS LUNA AND MULLEN C-3 OATH OF OFFICE TO MAYOR WILLIAM YATES AND COUNCILMEMBERS ANDERSON ANC NOVAK, AND PRESENTATION OF CERTIFICATES OF ELECTION C-4 REMARKS BY MAYOR AND NEW CITY COUNCILMEMBERS C-5 SELECTION OF VICE MAYOR (ONE YEAR TERM) D. PUBLIC HEARINGS REPORTS & APPEARANCES - NONE F. ADJOURNMENT RECEPTION FOLLOWING COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE II THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASI CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE T( CONTACT ACCESSIBILITY TO THE MEETING. i1 • NOT = C E O F SPEC = AL MEET = NG NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Tuesday, December 6, 1994 at 6:00 p.m. in the Morro Bay Veterans' Memorial Building, 209 Surf Street, Morro Bay, California. Said Special Meeting shall be for the purpose of adopting the official canvass of the November 8, 1994 General Municipal Election and installing the Newly -Elected Mayor and City Councilmembers. DATED: November 29, 1994 • City of Morro Ba , Ca 'fornia C� • 0 MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - DECEMBER 6, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Mayor Yates Colby Crotzer Ben Luna Susan Mullen Ahnawake Unger ABSENT: None STAFF: Dave Howell David Hunt Rick Algert Bill Boucher Bridgett Davis Don Funk Jeff Jones Joe Loven Andrea Lueker MOMENT OF SILENCE Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Harbor Director Public Works Director City Clerk Community Development Director Fire Chief Police Chief Recreation & Parks Director PLEDGE OF ALLEGIANCE/PRESENTATION OF COLORS Jo L. Merriman led the Pledge of Allegiance; Colors presented by the Boy Scouts. PUBLIC COMMENT - None. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 RESOLUTION NO. 119-94 RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 1994, AND- DECLARING THE RESULTS THEREOF MOTION: Councilmember Luna moved Council approve Resolution No. 119-94 reciting the fact of the General Municipal Election held in the City of Morro Bay on the 8th day of November, 1994; declaring the results thereof, and such other matters as are provided by law. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - DECEMBER 6, 1994 PAGE 2 • B. UNFINISHED BUSINESS - NONE. C. NEW BUSINESS C-1 REMARKS BY MAYOR AND CITY COUNCILMEMBERS C-2 PRESENTATION TO COUNCILMEMBERS LUNA AND MULLEN Mayor Yates presented a plaque of appreciation to Councilmember Luna. Councilmember Luna thanked the City for the experience of serving on the Council. The accomplishments he is most proud of are the Creekside Shopping Center, the Cypress Plaza Shopping Center, and the trolley. Mayor Yates presented a plaque of appreciation to Councilmember Mullen. Councilmember Mullen stated is was a pleasure working with the Council; however, she will enjoy her freedom. C-3 OATH OF OFFICE TO MAYOR WILL YATES AND COUNCILMEMBERS ANDERSON AND NOVAK, AND PRESENTATION OF CERTIFICATES OF • ELECTION City Clerk, Bridgett Bauer, delivered the Oath of Office to Mayor Yates, Councilmember Anderson, and Councilmember Novak. Ms. Bauer then presented Certificates of Election to the newly - elected Council. C-4 REMARKS BY MAYOR AND NEW CITY COUNCILMEMBERS Mayor Yates stated he is looking forward to serving another term as mayor. He thanked his wife, family, and Lynn McLernon for their support during the campaign. Councilmember Anderson stated it is good to be back on the Council. He thanked his wife and family for their support in running for Council. Councilmember Anderson said he is looking forward to working hard and serving the City. Councilmember Novak stated she is looking forward to working for the City. C-5 SELECTION OF VICE MAYOR (ONE YEAR TERM) MOTION: Councilmember Novak moved Council appoint Councilmember Unger as Vice Mayor for the term of one year. The motion was seconded by Councilmember Anderson and • unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - DECEMBER 6, 1994 PAGE 3 • D. PUBLIC HEARINGS. REPORTS & APPEARANCES - NONE. F. ADJOURNMENT MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) The meeting adjourned at 6:50 p.m. Recorded by: BridgeetBauer City Clerk • 0 2 O C m 3 m m z City of Morro Bay City Council Agenda Mission Statement The City of Mono Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. PUBLIC SESSION - NOVEMBER 28, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. _Comments should be limited to three minutes. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF OCTOBER 24, 1994 A-2 STATEMENT OF CASH AND INVESTMENTS - OCTOBER 1994 A-3 EXPENDITURE REPORT - OCTOBER 1994 A-4 WATER SUPPLY STATUS REPORT A-5 NOTICE OF COMPLETION OF PACIFIC STREET OVERLAY (PW 94-03) A-6 RESOLUTION NO. 114-94: IMPROVEMENT AGREEMENT AND OFFERS OF DEDICATION OF CYPRESS PLAZA SHOPPING CENTER A-7 RESOLUTION NO. 113-94: PARKING PROHIBITION - PINEY WAY (EXTENSION) AND QUINTANA ROAD A-8 RESOLUTION NO. 112-94: INSTALLATION OF STOP SIGNS ON PINEY WAY NO-9 RECOMMENDATION FOR CHANGES IN PEG ACCESS SUMMARY OF RULES 1 0-10 RESOLUTION NO. 111-94: INTER -COMPANY REORGANIZATION OF SONIC CABLE TV A-11 AGREEMENT FOR MUTUAL AID FIRE PROTECTION WITH SOUTH BAY FIRE DEPT. A-12 RESOLUTION NO. 116-94 IN SUPPORT OF BIKE PATH FROM CAYUCOS TO MORRO BAY A-13 REJECTION OF CLAIM AGAINST THE CITY; (MURPHY) A-14 RESOLUTION NO. 115-94 AUTHORIZING CITY ATTORNEY TO SIGN SETTLEMENT AGREEMENT; (CITY OF MORRO BAY V. PRICE) B. UNFINISHED BUSINESS - NONE C. NEW BUSINESS C-1 DISCUSSION OF FAST FOOD DRIVE-THRU AT CYPRESS PLAZA SHOPPING CENTER F. • 0 COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 28, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Dave Howell City Administrator David Hunt City Attorney Bill Boucher Public works Director Bridgett Davis City Clerk Don Funk Community Development Director Jeff Jones Fire Chief Joe Loven Police Chief • Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Cathy Novak presented the "Lighten Up" this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates made the following announcements: ♦ The bid openings for new commercial slips at Tidelands Park and new handrail at Anchor Park will be on Thursday, December 1, 1994; ♦ The Fire Department completed a Spanish version of a fire safety prevention brochure to be distributed to local schools; ♦ The Community Development Department is completing the Precise Plan for the Roller Hockey Arena and other Park and Recreation projects which should be completed in March or April 1995; ♦ The Senior Citizens of Morro Bay continue to support the recreation youth programs by donating $50 per month for equipment purchases, and also donated $1,000 for the youth scholarship program. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVE14BER 28, 1994 PAGE 2 • PUBLIC COMMENT Jo L. Merriman expressed his support of having a McDonald's Drive-Thru in Morro Bay. Leabah Winter expressed her gratitude to Councilmembers Luna and Mullen for their efforts while serving on the City Council. Linda Merrill also thanked Councilmembers Luna and Mullen for their efforts in making Morro Bay a better place to live. Roger Ewing addressed Item C-1 (Discussion of Fast Food Drive- Thru at Cypress Plaza Shopping Center) stating any further action to be considered on this issue is futile, costly and embarrassing to the City. He also expressed his gratitude to Councilmembers Luna and Mullen for four years of sincere dedication and service to the City. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Luna requested the following issues brought up from the suggestion box be tracked for the new City Council: 1) dog doo around the City; 2) subsidized water rates for seniors; and 3) relocating the handicap parking area in front of City Hall to • Shasta Street. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF OCTOBER 24, 1994 Mr. Howell recommended Council approve the minutes for the regular meeting of October 24, 1994. A-2 STATEMENT OF CASH AND INVESTMENTS - OCTOBER 1994 Mr. Howell recommended Council accept the report for file. A-3 EXPENDITURE REPORT - OCTOBER 1994 Mr. Howell recommended Council accept the report for file. A-4 WATER SUPPLY STATUS REPORT Mr. Howell recommended Council accept the report for file. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 28, 1994 PAGE 3 • A-5 NOTICE OF COMPLETION OF PACIFIC STREET OVERLAY (PW 94-03) Mr. Howell recommended Council accept the project as completed on behalf of the public and authorize the City Clerk to file the Notice of Completion. A-6 RESOLUTION NO. 114-94: IMPROVEMENT AGREEMENT AND OFFERS OF DEDICATION OF CYPRESS PLAZA SHOPPING CENTER Mr. Howell recommended Council approve Resolution No. 114-94 accepting the improvement agreement, granting of entrance and sign easements from Piney Way by the City, and Offer of Dedication by Cypress Plaza Shopping Center for water and sewer easements and by St. Timothy's Church to facilitate the extension of Piney Way to Kennedy Way. A-7 RESOLUTION NO. 113-94: PARKING PROHIBITION - PINEY WAY (EXTENSION) AND QUINTANA ROAD Mr. Howell recommended Council approve Resolution No. 113-94 prohibiting on -street parking along portions of Quintana Road, Piney Way and Kennedy Way. A-8 RESOLUTION NO. 112-94: INSTALLATION OF STOP SIGNS ON PINEY • WAY Mr. Howell recommended Council approve Resolution No. 112-94 authorizing the designation of a four-way stop intersection at Harbor Street and Piney Way and installation of a stop sign on Piney Way at Kennedy Way. A-9 RECOMMENDATION FOR CHANGES IN PEG ACCESS SUMMARY OF RULES Mr. Howell recommended Council direct the Public Works Department to communicate the proposed changes to Sonic Cable Television regarding its 1994 PEG Access Summary of Rules. A-10 RESOLUTION NO. 111-94: INTER -COMPANY REORGANIZATION OF SONIC CABLE TV Mr. Howell recommended Council approve Resolution No. 111-94 consenting to the assignment of a non-exclusive cable television franchise from Sonic Cable Leasing Corporation to Sonic Cable Television of San Luis Obispo San Luis Obispo. A-11 AGREEMENT FOR MUTUAL AID FIRE PROTECTION WITH SOUTH BAY FIRE DEPARTMENT Mr. Howell recommended Council authorize the Mayor to sign an agreement with the County of San Luis Obispo, Service Area No. 9, Zone B (South Bay Fire District) to re-establish an agreement for the provision of Mutual Fire Protection Aid. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 28, 1994 PAGE 4 • A-12 RESOLUTION NO. 116-94 IN SUPPORT OF BIKE PATH FROM CAYUCOS TO MORRO BAY Mr. Howell recommended Council approve Resolution No. 116-94 in support of the Cayucos Bike Path Committee's goal of establishing a bike and pedestrian path between the communities of Morro Bay and Cayucos. A-13 REJECTION OF CLAIM AGAINST THE CITY; (MURPHY) Mr. Howell recommended Council reject the claims filed by Alfred W. Murphy. A-14 RESOLUTION NO. 115-94 AUTHORIZING CITY ATTORNEY TO SIGN SETTLEMENT AGREEMENT; (CITY OF MORRO BAY V. PRICE) Mr. Howell recommended Council approve Resolution No. 115-94 authorizing the City Attorney to sign the settlement agreement in the Case of City of Morro Bay v. Price; San Luis Obispo County Superior Court Case No. 67297. MOTION: Councilmember Luna moved Council approve the Consent Calendar. The motion was seconded by Councilmember is Unger and unanimously carried. (5-0) B. UNFINISHED BUSINESS - NONE C. NEW B C-1 DISCUSSION OF FAST FOOD DRIVE-THRU AT CYPRESS PLAZA SHOPPING CENTER Councilmember Unger stated her intent of bringing this item before Council was not to stop McDonald's from coming to Morro Bay; however, to clarify Planning Commission's interpretation of their approval of the fast food restaurant. Councilmember Unger requested input from the following Planning Commissioners: Commissioner Melvin stated, based on his recollection, the Planning Commission did not specifically discuss a "drive-thru" fast food restaurant. Prior to the first public hearing in September, Mr. Halferty met with Commissioner Maltby and himself, and they indicated to Mr. Halferty their concerns with a drive- thru restaurant. Based on Commissioner Melvin's recollection, Mr. Halferty indicated the drive-thru portion of the restaurant would not be included in the plan. Commissioner Melvin stated he does not feel staff misled the Commission regarding this complex issue. Commissioner Reasor stated he and Commissioner Smith also met with Mr. Halferty regarding the Cypress Plaza Shopping Center. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 28, 1994 PAGE 5 • He said Mr. Halferty stated the drive-thru could be removed from the restaurant. Commissioner Reasor stated during Planning Commission discussions of the shopping center, he does not recall approving a "drive-thru" restaurant. Commissioner Peters agreed with Commissioners Melvin and Reasor that she does not recall approving a "drive-thru" restaurant. She said the approval of the project was being considered at the same time the Von's Corporation was appealing the approval of a project without the full water equivalencies. Commissioner Peters stated she asked Mr. Halferty since the project did not have the required water equivalencies to approve a fast food restaurant, is it part of the project being considered at that time? Mr. Halferty responded it was not presently being considered. Mayor Yates stated it was clear to him Council's approval of the project included a fast food drive-thru restaurant. Councilmember Luna stated it was clear in the January 25, 1993 staff report that the project included a fast food drive-thru restaurant. He said one reason why this issue did not surface as a topic of debate was because Council's intent was to consider the appeals filed on the project. He said to appeal any decisions is at this point would be fruitless. Councilmember Crotzer stated since this project received its final approval through the appeal process, he assumed Council would revisit the peripheral buildings other than the two major businesses. He requested staff take the initiative to bring forward what might be perceived as an issue with future projects. Councilmember Crotzer echoed Commissioner Reasor's belief that it was strange that Council did not know it was voting for a drive- thru restaurant. He explained that he felt Council did a good job debating all controversial issues, and that this received no discussion. He stated this Council debates all the issues very well, and if there was a fast food drive-thru on the agenda, he feels it would have been discussed. He asked why it was not discussed? Councilmember Unger stated she felt staff should have been cognizant of Council's wishes and special interests, such as environmental concerns, and should have brought the issue of the drive-thru forward. She added when six out of ten officials miss an issue as important as this one, something is wrong. She stated staff should strive for consistent vocabulary in staff reports which would make the Council's representation of its constituents easier to accomplish. • No action was taken on this item. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 28, 1994 PAGE 6 • D. PUBLIC HEARINGS,_ REPORTS & APPEARANCES - NONE F. ADJOURNMENT MOTION: Councilmember Luna moved the meeting be adjourned. The motion was seconded by Mayor Yates and unanimously carried. (5-0) The meeting adjourned at 6:45 p.m. Recorded by: Bri�auer City Clerk • City- of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - NOVEMBER 14, 1994; 5:15 P.M. CLOSED SESSION - NOVEMBER 14, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION City of Morro Bay v. Price, San Luis Obispo Superior Court Case No. CV 67297. E-2 GOVERNMENT CODE SECTION 54956.8, REAL PROPERTY TRANSACTIONS Instructing City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to one parcel. PUBLIC SESSION - NOVEMBER 14, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA &OLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE JOINT PLANNING COMMISSION/CITY COUNCIL MEETING OF SEPTEMBER 21, 1994 AND THE REGULAR MEETING OF OCTOBER 10, 1994 A-2 RESOLUTION NO. 105-94 AUTHORIZING REVISION OF THE MORRO BAY MUNICIPAL CODE AD -HOC COMMITTEE'S SCOPE OF WORK 40A-3 RESOLUTION NO. 110-94 APPROVING INTERIM LEASE AGREEMENT FOR LEASE SITES 93-95/93W-95W (901 EMBARCADERO) 1 0-4 RESOLUTION NO. 108-94 IN SUPPORT OF SAN LUIS OBISPO COUNCIL OF GOVERNMENT'S RESOLUTION NO. 94-19 (STATE TRANSPORTATION FUNDING SHORTFALL) A-5 RESOLUTION NO. 109-94 AUTHORIZING EXTENSION OF EXISTING COOPERATIVE AGREEMENT REGARDING THE USE OF MORTGAGE CREDIT CERTIFICATES IN THE CITY OF MORRO BAY AND AUTHORIZING APPLICATION FOR ADDITIONAL MCC AUTHORITY A-6 RESOLUTION NO. 104-94 APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF LEASE AND OPTION TO PURCHASE AGREEMENT NO. 1994-1 FOR THE REFINANCING OF THE COMMUNITY CENTER, AND RELATED DOCUMENTS AND AUTHORIZING OFFICIAL ACTION A-7 DECLARATION OF SURPLUS PROPERTY (SALE OF VEHICLE #1876) A-8 PROCLAMATION TO ADOPT POLICIES THAT SUPPORT CLEAN AND SOBER LIFESTYLES AND DRUG -FREE WORK ENVIRONMENTS A-9 PROCLAMATION ACKNOWLEDGING THE EL PASO DE LOS ROBLES SCUBA TEAM CLEAN- UP EFFORTS IN MORRO BAY A-10 AUTHORIZATION TO ADVERTISE FOR ADVISORY BOARD VACANCIES 11 REJECTION OF CLAIM FOR DAMAGES AGAINST THE CITY; (HENDRICKSON) B. UNFINISHED BUSINESS - NONE C. NEW BUSINESS C-1 CONSIDERATION OF PARTIAL FEE WAIVER FOR THE SAN LUIS OBISPO COUNTY SYMPHONY C-2 CONSIDERATION OF PROVIDING DIAL -A -RIDE BROCHURES IN SPANISH D. PUBLIC HEARINGS REPORTS & APPEARANCES D-1 RESOLUTION NO. 106-94 AMENDING DEL MAR PARK MASTER PLAN AND CONDITIONAL USE PERMIT NO. 42-88 (CONCEPT PLAN)/COASTAL DEVELOPMENT PERMIT NO. 83-88 D-2 CONTINUED DISCUSSION OF PARKING MANAGEMENT PLAN D-3 RESOLUTION APPROVING THE DRAFT MAJOR VEGETATION REMOVAL, REPLACEMENT AND PROTECTION GUIDELINES - CONTINUED TO DECEMBER 12, 1994 F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUNENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. • 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. i rein 10W-ANa I PRESENT: Mayor Yates Colby Crotzer Ben Luna Ahnawake Unger ABSENT: Susan Mullen STAFF: Dave Howell David Hunt Dolores Dahlin Joe Loven Rick Algert Andrea Lueker Donald Funk Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Deputy City Clerk Police Chief Harbor Director Recreation & Parks Director Community Development Director Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP was presented by Ed McCracken this evening. MAYOR'S REPORTS & ANNOUNCEMENTS * Announced that Payless Drugs will open officially on Friday, November 25th at 7:00 a.m. and stated the public was invited to this event. * Albertson's are scheduled to open before January 15th. * Boat parade and Christmas Tree lighting will be held December 3rd. * December 6th the new Council will be sworn in. * Stated the search for the new Finance Director progressing very well. * Water Management Plan and the desal permits will be heard by the Coastal Commission during the week of December 12. * Commended the Police Department for their efforts regarding drug dealing in Morro Bay, particularly near the elementary school. * Stated on Election Day 17 riders took advantage of the free dial -a -ride to their polling places. PUBLIC COMMENT Mary Phillips asked the City to clarify the budget as per an • article in the Telegram -Tribune. MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - NOVEMBER 14, 1994 PAGE 2 J. L. Merriman asked about the renovation of Veteran's Hall; stated the City was behind schedule. Mrs. George read a prepared statement regarding Item A-3 on the Consent Calendar of this meeting. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Luna asked for discussion regarding Municipal Code Sect. 8.16.190 referring to the contract with the Morro Bay Garbage Company's pick-up times. Stated complaints have been received from some of the motels. Councilmember Unger stated she was told that Rock Solid Recycling made periodic reports to the City and asked to have Rock Solid Recycling make a public report to the City at a Council meeting. Councilmember Unger also asked to reagendize the idea of the fast food drive thru on Quintana Road. A. CONSENT CALENDAR • Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 City Council Minutes for the joint Planning Commission/City Council meeting of September 21, 1994 and the Regular Meeting of October 10, 1994. Mr. Howell recommended Council approve the minutes for the joint Planning Commission/City Council meeting and the Regular Meeting October 10, 1994. A-2 Resolution No. 105-94 authorizing revision of the Morro Bay Municipal Code Ad -Hoc Committee's scope of work. Mr. Howell recommended Council approve Resolution No., 105-94. A-3 Resolution No. 110-94 approving interim lease agreement for least site 93-95/93W-95W (901 Embarcadero). Mr. Howell recommended Council approve Resolution No. 110-94. A-4 Resolution No. 108-94 in support of San Luis Obispo Council of Government's resolution No. 94-19 (State Transportation funding shortfall). Mr. Howell recommended Council approve Resolution No. 108-94. 2 MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - NOVEMBER 14, 1994 PAGE 3 A-5 Resolution No. 109-94 authorizing extension of existing cooperative agreement regarding the use of Mortgage credit certificates in the City of Morro Bay and authorizing application for additional MCC authority. Mr. Howell recommended Council approve Resolution No. 109-94. A-6 Resolution No. 104-94 authorizing and directing execution of lease and option to purchase agreement No. 1994-1 for the refinancing of the Community Center, and related documents and authorizing official action. Mr. Howell recommended Council approve Resolution No. 104-94. A-7 Declaration of surplus property (Sale of Vehicle #1876). Mr. Howell recommended Council declare stated property surplus. A-8 Proclamation to adopt policies that support clean and sober lifestyles and drug -free work environment. • Mr. Howell recommended Council adopt policies and supporting clean and sober lifestyles and drug free work environment. A-9 Proclamation acknowledging the E1 Paso de Los Robles scuba team clean-up efforts in Morro Bay. Mr. Howell recommended a proclamation acknowledging the E1 Paso de Robles scuba team. A-10 Authorization to advertise for Advisory Board vacancies. Mr. Howell recommended Council give authorization to advertise for above Advisory Boards. A-11 Rejection of Claim for damages against the City; (Hendrickson) Mr. Howell recommended Council reject claim. Councilmember Luna requested Items A-2 and A-7 be pulled for discussion. MOTION: Councilmember Unger moved Council approve the Consent Calendar with the exception of Items A-2 and A-7. The motion was seconded by Councilmember Crotzer and 40 unanimously carried. (4-0) k3 MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - NOVEMBER 14, 1994 PAGE 4 A-2 Resolution No. 105-94 authorizing revision of the Morro Bay Municipal Code Ad -Hoc Committee's scope of work. Councilmember Luna questioned wording in the second section of the Resolution and the direction the Council is giving to the MC Ad Hoc Committee. Commented on a sentence which reads "the entire code will be subject to review" and asked for clarification regarding Chapters 16 and 17. Wanted assurance that these chapters were not going to be reviewed for purposes of rewriting; only for continuity of language and definitions. MOTION: Councilmember Luna moved Council approve Resolution No. 105-94 with the understanding that Chapters 16 and 17 would be reviewed for continuity of language and definitions only. The motion was seconded by Councilmember Unger and unanimously carried. (4-0) A-7 Declaration of Surplus Property Councilmember Luna asked rather than sending this equipment to auction could it be donated to a local organization such as the •high school, boys school, Achievement House, etc. to be used as a project. • Mr. Howell stated staff could research the State Purchasing Law and determine whether or not government property government property can be disposed of in this manner. It was the consensus of the Council to have staff research the alternative of donating the property to an appropriate non-profit organization, if legal, and continue to another meeting. B. UNFINISHED BUSINESS NONE C. NEW BUSINESS C-1 CONSIDERATION OF PARTIAL FEE WAIVER FOR THE SAN LUIS OBISPO COUNTY SYMPHONY Staff gave an overview of the request from the San Luis Obispo County for a partial fee waiver. Stated that last year the City granted a fee waiver of $150 to the symphony. This year the rental fee is approximately $430 and stated staff has provided three options for Council consideration: (1) is waiver of the 4 MINUTES - MORRO BAY CITY COUNCIL . REGULAR MEETING - NOVEMBER 14, 1994 PAGE 5 $150; (2) is waiver of the rental fee for the evening; (3) no fee waiver. Members of the Council inquired about previous fee waivers and staff replied that fee waiver was given in 1993 but not prior to that year. Staff added that it was a policy not to recommend fee waivers on a general basis. Councilmember Unger stated she was always in favor of bringing music to the City. Thought anything the City can do to further interest in music is needed and should be done. Councilmember Luna stated he had a difficult time supporting the waiver. Said a policy for fee waivers should be consistent. Mayor Yates stated he could probably be supportive of this waiver. Michael Novak, Music Director of the Symphony, presented his thoughts of why the request was being made. Stated he would like • to work with the Council on ideas because the music that is available is performed by people who live here. • MOTION: Councilmember Unger moved to approve the waiver requested of $150 resulting in a charge of approxi- mately $280. The motion was seconded by Mayor Yates. Councilmember Luna stated he would vote "no" on this item because of his concern about the consistency of this action being applied to other community groups. Councilmember Crotzer commented that he would support the motion as it seems like some compensation for all the positive things donated by the symphony orchestra to the City. Motion carried 3-1 C-2 CONSIDERATION OF PROVIDING DIAL -A -RIDE BROCHURES IN SPANISH Mr. Howell introduced this item and commented that the Welfare Secretary for the Salvation Army, has requested in writing brochures for Dial -A -Ride be available in Spanish to assist those who were unable to read English. With your concurrence, these could be made available. 5 •MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1994 PAGE 6 Councilmember Unger asked what the cost would be and was informed that it would be minimal. MOTION: Councilmember Luna motioned to have brochures printed to provide Dial -A -Ride schedules in Spanish. Council - member Luna seconded the motion and carried unanimously (4-0) . D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 RESOLUTION NO. 106-94 AMENDING DEL MAR PARK MASTER PLAN AND CONDITIONAL USE PERMIT NO. 42-88 (CONCEPT PLAN)/COASTAL DEVELOPMENT PERMIT NO. 83-88 Mayor Yates interrupted the presentation because the Public Hearings portion of the meeting was started prior to 7:30 and there were citizens who were interested in this item but would not be in attendance until 7:30. It was the Council's desire to hear item D-2 and then return to item D-1. • Andrea Lueker presented the master plan for Del Mar Park as well as the overview of the project stating the area was earmarked for 4 lighted tennis courts and a racket ball court and commented that to this point there have not been funds available. Ms. Lueker stated after a number of meetings, the Recreation & Parks Commission discussed adding a basketball court and a roller hockey rink in place of 2 tennis courts and the racket ball court. Don Funk submitted the Planning Commission recommendations and stated they are similar to those being presented tonight. Mayor Yates opened the hearing for public comment. Lynda Merrill stated Mary Jane Pruitt could not be in attendance and Lynda reported that Ms. Pruitt was in favor of the project. Stated a lot of consideration has gone into the selection of this location and agreed with the Planning Commission recommendations. Eric Simpson, J. Kubiak, Josh Kubiak, A. Colveo, Shane Jared T. Kunkle stated that they were in favor of the Del Mar Plan as they needed a safe place to skate. • Jared Gelander stated his approval of the court. G MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - NOVEMBER 14, 1994 PAGE 7 Dave Wilson is in favor of the roller hockey rink and felt the City needed this kind of facility. Paul Sherrer, a roller hockey coach, stated the City needed these kinds of facilities because there are so many children who need a place for these kinds of activities. Gregg Wilson, felt this is a great project and one which will bring the Community together. Linda Donnelly stated that she and her family were behind this project and asked the Council for their support. Theresa Simpson supported the project and asked Council to do the same. Jim Tucker stated the project sounds like a good idea and felt it would be an asset for Morro Bay. Mary Phillips felt it would be very good for the kids. • Mayor closed the public hearing portion of this meeting and brought back to the Council for comments. Councilmember Unger asked if the letter received in opposition was addressed by staff. Council asked that all letters should be responded to in writing. Councilmember Luna said "lets do it". Definitely feel there needs to be something for the kids to do, supports the project. Councilmember Crotzer stated that to see the project come this far is very rewarding. To see the Community and business people so responsive, is a wonderful thing for the City. Mayor Yates agreed and supported the project from the beginning and really pleased to see it come to a reality. MOTION: Councilmember Crotzer moved to adopt and move forward with Resolution 106-94. Motion seconded by Council - member Unger and unanimously approved (4-0) a D-2 CONTINUED DISCUSSION OF PARKING MANAGEMENT PLAN 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1994 PAGE 8 Mr. Funk summarized the Parking Management Plan and presented some visuals showing the updates to this plan over the past few years. Commented on the recommendations made by the Planning Commission and stated there were several alternatives that were not recommended: (1) They did not recommend the status quo; (2) they did not agree with waiving parking requirements; (3) they did not recommend multi -story parking garages. The following are the Planning Commissions recommendations: (1) Maximize on -street parking; (2) to provide municipal parking with shuttle service; (3) implementation of the trolley & water taxi service; (4) implement the low impact tourism measures and promote alternatives to the automobile; (5) implementing traffic calming techniques; (6) implementing measures to reduce air pollution and energy use; (7) implement time restriction on on -street parking spaces on the Embarcadero; (8) meters on street parking if time restrictions didn't work; (9) restricting parking at Tidelands boat launch ramp; (10) City standard space requirements be at least 9 feet wide; and (11) reassess the parking in -lieu fees. Mayor Yates opened the hearing for public comment. • Ann Freeman offered her concern about narrowing the width of the parking spaces. Linda Donnelly objected to the recommendation of issuing permits for boat ramp use. Mary Phillips remarked about the handicap parking and stated the City has been in violation of the law on the Embarcadero. As there were no other comments, the hearing was closed. Councilmember Luna asked about the use of the parking lot of the Bank of America. Staff answered that B of A was approached but there was no agreement because they did not have extra spaces. Councilmember Luna referred to Page 18 of the staff report and asked for clarification of the Parking Reduction section downtown was referenced specifically. Staff stated that if there were appropriate places other than downtown this type of proposal could be used on the Embarcadero or North Main St. Councilmember Unger asked if the Planning Commission did not make input to the Budget in the past. 8 n U C� MINUTES - MORRO REGULAR MEETING PAGE 9 BAY CITY COUNCIL - NOVEMBER 14, 1994 Councilmember Crotzer stated the approach did not work for him. As a resident of Morro Bay he did not feel there was a problem. If you park a few blocks away and walk or ride a bicycle, there is not a parking problem. Does not want to make a decision that would preclude the City deciding that we do need something in the future. Mayor Yates stated that priorities should be set. As staff pointed out the parking crises seems to be on the Embarcadero. However, there were no solutions pointed out. Councilmember Luna stated he did not see a large outlay of funds at this time. This proposal is a "plan" and when the City adopts this, the plan will not be implemented immediately and wanted to emphasize the financial aspect should not stop the City going ahead with the plan. Councilmember Crotzer stated he made his remarks about not having a parking problem in Morro Bay was to stimulate a discussion among the Council. He stated he would like a brain storming session even if its short. MOTION: Councilmember Luna move to continue this item to the January 23, 1995 meeting. Motioned was seconded by Councilmember Crotzer and approved 3-1 (Councilmember Unger dissenting) F. ADJOURNMENT MOTION: Councilmember Luna moved the meeting be adjourned. the motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) The meeting adjourned at 8:45 p.m. Recorded by: Dolores Dahlin Deputy City Clerk 9 0 c'3 0 w m z City of Morro Bay 0 City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - OCTOBER 24, 1994; 5:15 P.M. CLOSED SESSION - OCTOBER 24, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION City of Morro Bay v. Price, San Luis Obispo Superior Court Case No. CV 67297. E-2 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES Discussions regarding personnel issues including one public employee regarding possible discipline/release/evaluation. E-3 GOVERNMENT CODE SECTION 54956.8, REAL PROPERTY TRANSACTIONS Instructing City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to three parcels. PUBLIC SESSION - OCTOBER 24, 1994 • VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE JOINT CITY COUNCIL/PLANNING COMMISSION MEETING OF SEPTEMBER 21, 1994, AND THE REGULAR MEETING OF SEPTEMBER 26, 1994 W.0-2 STATEMENT OF CASH AND INVESTMENTS - SEPTEMBER 1994 1 w3 EXPENDITURE REPORT - SEPTEMBER 1994 A-4 WATER SUPPLY STATUS REPORT A-5 NOTICE OF COMPLETION OF STREET RESTRIPING (PW 94-02) A-6 AUTHORIZATION TO EXECUTE CONTRACT WITH CALIFORNIA DIVISION OF FORESTRY FOR A SMALL BUSINESS ADMINISTRATION TREE PLANTING PROGRAM GRANT A-7 STATUS REPORT ON EMERGENCY COASTAL DEVELOPMENT PERMITS ISSUED TO CHEVRON PIPELINE COMPANY FOR MONITORING OF HYDROCARBON CONTAMINATION A-8 DECLARATION OF SURPLUS PROPERTY A-9 PROCLAMATION DECLARING NOVEMBER 1994 AS "HOSPICE MONTH" A-10 RESOLUTION NO. 100-94 IN OPPOSITION OF PROPOSITION 188 A-11 RESOLUTION NO. 101-94 APPROVING REVISED BUILDING FEES A-12 RESOLUTION NO. 102-94 REQUESTING VOLUNTARY POSTING REGARDING HAZARDS OF SECOND-HAND SMOKE IN BARS A-13 REJECTION OF CLAIM AGAINST THE CITY; (BLYTHE) B. UNFINISHED BUSINESS - NONE. !. NEW BUSINESS C-1 REQUEST FOR FEE WAIVER FOR ALATEEN D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 PRELIMINARY REPORT FROM REDEVELOPMENT TASK FORCE COMMITTEE D-2 STATUS REPORT FROM MUNICIPAL CODE AD -HOC COMMITTEE D-3 STATUS REPORT ON PARKING MANAGEMENT PLAN D-4 STATUS REPORT ON FRONT STREET/EMBARCADERO PARKING LOT PLAN F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE TEAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. • K • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - OCTOBER 24, 1994 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m. PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember ABSENT: Ahnawake Unger Councilmember STAFF: Dave Howell City Administrator David Hunt City Attorney CLOSED SESSION MOTION: Councilmember Crotzer moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) Mayor Yates read the Closed Session statement. • The meeting adjourned to Closed Session at 5:05 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember ABSENT: Ahnawake Unger Councilmember • 6�A I* MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1994 PAGE 2 STAFF: Dave Howell David Hunt Rick Algert Bill Boucher Bridgett Davis Don Funk Jeff Jones Joe Loven Andrea Lueker City Administrator City Attorney Harbor Director Public Works Director City Clerk Community Development Director Fire Chief Police Chief Recreation & Parks Director Richard Haskett led the Pledge of Allegiance. LIGHTEN UP Police Chief Joe Loven presented the "Lighten Up" this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates reported federal appropriations were received for the City's Harbor Improvement Project. Councilmember Luna announced the Presbyterian Church donates food and clothing through the "Good Neighbor Program" for those who are in need. He encouraged residents to check out the program and volunteer or donate if possible. Councilmember Mullen requested the discussion of providing Dial - A -Ride service to citizens on Election Day (November 8, 1994) be added to tonight's New Business agenda (Item C-2). MOTION: Councilmember Mullen moved Council add the discussion of providing Dial -A -Ride service to citizens on Election Day (November 8, 1994) to tonight's New Business agenda (Item C-2). The motion was seconded by Councilmember Luna and unanimously carried. (4-0) Councilmember Mullen requested the discussion of requesting Sonic Cable to waive the two week notice to aire the Candidates Forum before Election Day be added to tonight's New Business agenda (Item C-3). MOTION: Councilmember Crotzer moved Council add the discussion of requesting Sonic Cable to waive the two week notice to air the Candidates Forum before Election Day on tonight's New Business agenda (Item C-3). The motion was seconded by Councilmember Mullen and unanimously carried. (4-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1994 PAGE 3 • PUBLIC COMMENT Mary Phillips addressed Council on State Water. Leo Cooper invited Council to his presentation on Learning Disabilities at Cuesta College on November 2, 1994 from 2:30 p.m. to 3:30 p.m. Mayor Yates closed the hearing to public comment. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Mullen requested a proclamation be agendized in support of clean and sober lifestyles and drug -free work environments. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE JOINT CITY COUNCIL/PLANNING COMMISSION MEETING OF SEPTEMBER 21, 1994, AND THE REGULAR MEETING OF SEPTEMBER 26, 1994 • Mr. Howell recommended Council approve the minutes for the joint City Council/Planning Commission meeting of September 21, 1994, and the regular meeting of September 26, 1994. A-2 STATEMENT OF CASH AND INVESTMENTS - SEPTEMBER 1994 Mr. Howell recommended Council accept the report for file. A-3 EXPENDITURE REPORT - SEPTEMBER 1994 Mr. Howell recommended Council approve the report. A-4 WATER SUPPLY STATUS REPORT Mr. Howell recommended Council accept the report for file. A-8 DECLARATION OF SURPLUS PROPERTY Mr. Howell recommended Council declare the eight chairs from the City Hall Conference Room as surplus property. It was further recommended those chairs be donated to the "Together We Can" Recovery Club in Grover Beach. A-9 PROCLAMATION DECLARING NOVEMBER 1994 AS "HOSPICE MONTH" • Mr. Howell recommended Council adopt the Proclamation declaring November 1994 as "Hospice Month". • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1994 PAGE 4 A-10 RESOLUTION NO. 100-94 IN OPPOSITION OF PROPOSITION 188 Mr. Howell recommended Council adopt Resolution No. 100-94 in opposition of Proposition 188. A-11 RESOLUTION NO. 101-94 APPROVING REVISED BUILDING FEES Mr. Howell recommended Council adopt Resolution No. 101-94 amending the 1994/95 Fiscal Year Rate Schedule to revise the Planning and Building Department Master Fee Schedule. A-12 RESOLUTION NO. 102-94 REQUESTING VOLUNTARY POSTING HAZARDS OF SECOND-HAND SMOKE IN BARS Mr. Howell recommended Council adopt Resolution No. 102-94 requesting bars and cocktail lounges to voluntarily post signs warning patrons of the hazards of second hand smoke. A-13 REJECTION OF CLAIM AGAINST THE CITY; (BLYTHE) Mr. Howell recommended Council reject the claim submitted by Etta Lou Blythe and authorize the City Clerk to send the appropriate rejection letter. • Mayor Yates pulled Item A-1 (minutes of September 21, 1994) and Item A-10 from the Consent Calendar; Councilmember Crotzer pulled Items A-1 (minutes of September 26, 1994), A-5, A-7 and A-11; Councilmember Luna pulled Item A-12. MOTION: Councilmember Crotzer moved Council approve the Consent Calendar with the exception of Items A-1, A-5, A-7, A- la, A-11, and A-12. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) A-1 CITY COUNCIL MINUTES FOR THE JOINT CITY COUNCIL/PLANNING COMMISSION MEETING OF SEPTEMBER 21, 1994, AND THE REGULAR MEETING OF SEPTEMBER 26, 1994 Mayor Yates pulled the minutes of September 21, 1994 for clarification and requested they be returned to the next available City Council meeting. Councilmember Crotzer pulled the minutes of September 26, 1994 for revision to Item D-2 (page 10) and asked that "State Water" be changed to "water". MOTION: Councilmember Crotzer moved Council approve Item A-1 (minutes of September 26, 1994) as amended. The motion was seconded by Councilmember Luna and carried • unanimously. (4-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1994 PAGE 5 • A-5 NOTICE OF COMPLETION OF STREET RESTRIPING (PW 94-02) Councilmember Crotzer asked staff about the completion of the restriping project and who will complete the bike lane restriping? Public Works Director Bill Boucher responded the restriping company will be returning to the City in January 1995 to do the restriping for Albertson's; at that time, the bike lanes will be done within the budget. MOTION: Councilmember Crotzer moved Council approve Item A-5. The motion was seconded by Councilmember Luna and carried unanimously. (4-0) A-7 STATUS REPORT ON EMERGENCY COASTAL DEVELOPMENT PERMITS ISSUED TO CHEVRON PIPELINE COMPANY FOR MONITORING OF HYDROCARBON CONTAMINATION Councilmember Crotzer asked staff for clarification regarding the emergency Coastal Development Permit issued to Chevron Pipeline Company. Community Development Director Funk responded Chevron requested a permit to drill additional test wells from the freeway to the beach so that an analysis could be performed for leaks because there is a concern regarding possible petroleum leaks in the creek and ocean area. Mr. Funk stated a Coastal • Development Permit is required since the beach area is under the jurisdiction of the State Coastal Commission and the freeway is under the jurisdiction of the City. MOTION: Councilmember Crotzer moved Council approve Item A-7. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) A-10 RESOLUTION NO. 100-94 IN OPPOSITION OF PROPOSITION 188 Councilmember Crotzer addressed Proposition 188 stating it is backed by the tobacco industry and would take away local control and return it to the state. He added this proposition would nullify ordinances such as the one in San Luis Obispo that bans smoking in public areas. Councilmember Crotzer requested Council support in opposing this proposition by adopting Resolution No. 100-94. MOTION: Councilmember Crotzer moved Council approve Item A-10. The motion was seconded by Councilmember Luna and carried with Mayor Yates voting no. (3-1) A-11 RESOLUTION NO. 101-94 APPROVING REVISED BUILDING FEES Councilmember Crotzer asked staff to clarify Item A-11 regarding assessing hourly building fees. Mr. Funk responded the revision • provides for an hourly fee when the City Attorney and City Engineer are involved in a project's review. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1994 PAGE 6 • MOTION: Councilmember Crotzer moved Council approve Item A-11. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) A-12 RESOLUTION NO. 102-94 REQUESTING VOLUNTARY POSTING REGARDING HAZARDS OF SECOND-HAND SMOKE IN BARS Councilmember Luna addressed the posting of placards in bars regarding the hazards of second-hand smoke. He stated this is not mandatory, but rather a request for businesses to act responsibly. Councilmember Luna encouraged local business owners to post the warning signs. Councilmember Mullen stated the language on the notice is a little weak and the sign needs some graphics or a border. Councilmember Crotzer agreed with Councilmember Mullen about the graphics, but thought the signs were a matter of courtesy. MOTION: Councilmember Luna moved Council approve Item A-12. The motion was seconded by Councilmember Mullen and unanimously carried. (4-0) B. UNFINISHED BUSINESS - NONE. • C. NEW BUSINESS C-1 REQUEST FOR FEE WAIVER FOR ALATEEN Recreation and Parks Director Andrea Lueker addressed Council on the request from Alateen Self -Help Group for a fee waiver on the use of the Veterans' Memorial Building resulting in approximately $250 per year. Ms. Lueker recommended Council deny the fee waiver. Councilmember Luna stated his support of the concept of the group; however, not agreeable to the fee waiver. Councilmember Crotzer stated kids need support in this therapeutic group; however, the fee is minimal and should be paid. Mayor Yates remarked that the group does not accept donations but is basically asking Council for a donation in waiving fees. MOTION: Councilmember Crotzer moved Council deny the fee waiver for Alateen Self -Help Group. The motion was seconded by Councilmember Luna. Councilmember Mullen said she does not support the motion because • the fee is minimal and the City would not miss the money. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1994 PAGE 7 • Councilmember Crotzer suggested the teenagers be brought under Recreation and Parks as a club and then use scholarship money from the foundation to subsidize the fee. Councilmember Mullen asked if a decision could be postponed until they could hear from an Alateen member at the next meeting. Mayor Yates said he would like to proceed with a vote, but that would not mean the group could not be helped. Councilmember Crotzer said he did not want to subsidize the teenagers or liberate them from the charge. Councilmember Luna said he could not support the motion and withdrew his second. He wanted dialogue at a City Council meeting with an Alateen member in order to work out a solution. VOTE: The motion failed 2-2 with Councilmember Mullen and Councilmember Luna voting no. (2-2) MOTION: Councilmember Crotzer moved Council table this item to the November 12, 1994 City Council meeting in order to invite a representative from Alateen to be present to • make a presentation before Council. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) C-2 DISCUSSION ON PROVIDING DIAL -A -RIDE SERVICE ON ELECTION DAY (NOVEMBER 8, 1994) Councilmember Mullen addressed the importance of providing transportation to citizens on Election Day in order to vote. MOTION: Councilmember Mullen moved Council approve the free use of Dial -A -Ride on Election Day (November 8, 1994), as in the previous election, and to make it City policy so that this process does not have to be repeated for every election. The motion was seconded by Councilmember Crotzer. Councilmember Luna asked about the response from the public during the initiative election. Public Works Director Bill Boucher responded that less than 10 people used the service and that the quarter -page color ad cost $265. Councilmember Crotzer stated the fact the City will provide free transportation to the polls will become known and less advertising will be required in the future. Councilmember Crotzer said if people became familiar with the service, then • advertising could be phased out in future years. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1994 PAGE 8 • Councilmember Mullen stated the newspaper could be asked to put the notice in as a public service instead of an ad. Mayor Yates said he did not have a problem with subsidizing Dial - A -Ride with $1 each way, but he did have a problem with $265 worth of advertising. Councilmember Mullen withdrew her suggestion for advertising. VOTE: The motion carried unanimously. (4-0) C-3 DISCUSSION ON REQUESTING SONIC CABLE TO WAIVE TWO WEEK NOTICE TO AIRE CANDIDATES FORUM BEFORE ELECTION DAY Councilmember Mullen requested Council support a letter from the City Council to Sonic Cable Television asking them to waive the two -week requirement for public access, in order that a tape of the October 26th Candidate's Night could be aired before the election in a timely manner. MOTION: Councilmember Mullen moved Council direct staff to prepare a letter for the Mayor's signature to Sonic Cable Television requesting they waive the two -week requirement for public access in order to allow the airing of the League of Women Voters Candidate's Night • in a timely manner before the election. The motion was seconded by Councilmember Crotzer and carried unanimously. (4-0) Mayor Yates called for a break at 8:15 p.m.; the meeting resumed at 8:30 p.m. D-1 PRELIMINARY REPORT FROM REDEVELOPMENT TASK FORCE COMMITTEE Nick Mendoza, Chairman of the Redevelopment Task Force Committee, reviewed and summarized the Committee's status report on developing a Redevelopment Agency (RDA) in the City of Morro Bay. He presented several slides and a video to the audience. Mr. Mendoza stated the Committee recommends the Council form an RDA under the following conditions: 1. The City must be committed to an education program designed to inform the public; 2. The City should develop a long-range Capital Improvement Program with attention given to the Destination 2000 goals; 3. The City must be willing to provide the start-up costs required to legally establish the RDA. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1994 PAGE 9 • 4. Formation of an RDA must include a responsible governing body. Mayor Yates thanked the committee for their hard work and clear presentation. Councilmember Mullen asked if County staff was approached for their views? Community Development Director Don Funk responded if this Council finds this is a viable option, then the various agencies will be pursued. Councilmember Crotzer asked if twenty years was the lifetime of an RDA? Mr. Funk responded affirmative. He said targeted areas are generally flat as far as development and tax revenue are concerned; unless those areas are developed, there would not be revenue generated for either the county or the state. He stated after development, the county and school district would benefit from the increased percentage of tax revenues. Mayor Yates asked if the governing body of the RDA can be separately elected from the City Council? Mr. Funk responded in the affirmative; however, it is unusual and cumbersome and would require a separate election process. • Councilmember Mullen pointed out the City Council has control over development plans for the City; thus, an RDA fits into the overall responsibility. Councilmember Luna stated property values tend to go up when an area is incorporated into an RDA, even though there might be concern from property owners in having their area identified as blighted. Mr. Funk responded that creation of an RDA encourages funding from lenders because it shows that a city cares about its community. Mayor Yates opened the hearing to public comment. Sid Steinfeld asked if there would be a contract between the agency coordinating the RDA and the City? He also asked how citizens can monitor what should be done in a given time. Mr. Funk responded that a group comprised of volunteers (PAC) is required by law; that group would meet separately from the RDA and would advise the City Council. Mr. Funk stated a preliminary plan and an environmental document must be prepared; a final plan is then drafted. The whole community would provide input for that plan which usually consists of a detailed series of directions or objectives and would also establish priorities and time frames. C, J • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1994 PAGE 10 Allen Peterson stated street and sidewalk maintenance need to be addressed. He said he is opposed to forming another agency; the City already has a maintenance department able to perform these duties. Mr. Peterson added the proposal addresses landscaping, and there is not enough water to take care of that problem. He said the City should be using reclaimed water on city landscaped areas. Linda Merrill expressed her support for forming a RDA. She addressed creative zoning. Mr. Funk stated an RDA can address zoning requirements more creatively. Mayor Yates closed the hearing for public comment. Councilmember Mullen addressed the need for a consultant to form an RDA. Mr. Mendoza stated the Committee could meet to address the scope of work and how much a consultant would cost. Councilmember Luna said that he would volunteer to continue with the group when his term on the Council is completed in the next couple of months. He commented that it was a pleasure to work with the group and thanked Mr. Funk and the planning staff for an outstanding job. Councilmember Luna stated before they go too far ahead, they need to bring in the community in order to gain support and to find out how they will respond to an RDA. He said this could be a unifying issue for the community; and added the key will be education, as there are a lot of misconceptions regarding RDAs. Councilmember Mullen stated it is critical to have the consent of the community. No action was taken on this item. D-2 STATUS REPORT FROM MUNICIPAL CODE AD -HOC COMMITTEE Sid Steinfeld, Chairman of the Municipal Code Ad -Hoc Committee reviewed the Committee's status report and recommended the following: 1. The Committee review the entire code to ensure uniformity and eliminate redundancies; 2. Add a chapter on dispute resolution; 3. The code be added to the City computer system. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1994 PAGE 11 • Mr. Steinfeld also requested Council's approval to allow the Committee to review Chapters 16 and 17 of the code. Mr. Funk stated the Planning Commission will be reviewing these chapters and it may be redundant for the Committee to also review them. Mayor Yates stated the goal of the Committee is to have consistency throughout. He pointed out that the Committee was organizing everything but Chapters 16 and 17, which Community Development is working on, and it would make sense to have the same definitions apply throughout the code. Mayor Yates asked what problems Mr. Funk anticipated? Mr. Funk and City Attorney David Hunt responded the language changes would result in code modifications and would require public hearings. Mr. Funk said that this code is being broken down into two phases; the first is going through City Council at this time; and after that, it will go through the Coastal Commission; then it will come back to Council. Councilmember Crotzer stated it sounds like a scheduling issue; it appears the Committee's goal is to consolidate definitions and not change content. He said perhaps the code could be reviewed by the Committee before it goes to the Coastal Commission. • Councilmember Mullen stated she likes the idea of chapter definitions and asked what would be the time frame on obtaining them? Mr. Steinfeld responded a review could be accomplished in a minimum of two weeks and a maximum of four weeks. Councilmember Mullen asked when zoning discussions are scheduled? Mr. Funk responded that the Parking Management Plan and Waterfront Master Plan are ready to go; however, the zoning ordinances will take longer. Mayor Yates asked for the Committee to come back with a realistic time frame. Mr. Steinfeld said they were mandated to finish by March 3, 1995. Mayor Yates said Chapters 16 and 17 need to be reviewed more quickly. Mr. Steinfeld said those chapters could be finished sooner. Councilmember Luna thought that streamlining all definitions in one section was a good idea, because of the redundancy; at the same time, there will be certain codes with unique definitions that are not redundant throughout the code. Mayor Yates said the charge of the Committee is to go over the codes with a fine-tooth comb and rewrite the code in order to eliminate redundancies. Mayor Yates opened the hearing for public comment; there was none . and public comment was closed. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1994 PAGE 12 • Mayor Yates complimented the Committee for meeting weekly since March and for putting a tremendous amount of effort into this project. Councilmember Crotzer said he would like to see the Committee do the pagination and the consolidation of definitions before it goes to the Coastal Commission. He said it makes sense for the committee to do the entire code. Councilmembers Luna and Mullen agreed with Councilmember Crotzer. The consensus of Council was for the Committee to review Sections 16 and 17 of the code parallel to the Planning Commission's review. No action was taken on this item. D-3 STATUS REPORT ON PARKING MANAGEMENT PLAN Community Development Director Funk reviewed the status report on the Parking Management Plan and requested Council, after hearing public comments, continue further discussion to the November 28, 1994 City Council meeting. • Mayor Yates opened the hearing for public comment. Mary Phillips stated she would like Council to address handicapped parking. Dave Tope, owner of Happy Jacks, stated the sooner Council gets on with solving the parking problems, the better it will be. Ralph Gunther stated he realizes the need for some form of traffic circulation control or parking on the Embarcadero. He has a problem with time constraints, which will severely impact two of his businesses on the Embarcadero. He hoped that something could be done about parking on the central portion of the Embarcadero without imposing time limits. Mayor Yates closed the hearing for public comment. Mayor Yates responded to Mr. Gunther's concerns by saying that Council has been reluctant to institute restricted parking on the Embarcadero. He said a letter has been sent to all business owners requesting employees not park on the Embarcadero; the response is that parking has improved greatly in the past couple of weeks. Mr. Funk stated handicapped parking had been addressed by the Planning Commission. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1994 PAGE 13 • Councilmember Luna addressed the time limitation on Embarcadero parking. He said while there are valid concerns about time constraints and regulated parking, the City and businesses would benefit more if parking was dealt with more strictly than it is now. Mayor Yates asked if he meant that parking regulations are not being enforced? Councilmember Luna responded parking is not enforced often enough. He said there are problems on the Embarcadero that need to be addressed with greater regulations and restrictions. Mayor Yates stated parking in -lieu fees are collected from developers and nothing is ever done. He said the City should provide parking and not place restrictions on tourists. Mayor Yates said enforcement of current parking regulations is not the answer. Councilmember Luna stated he does not advocate enforcement as the sole solution to the waterfront or downtown parking problem. He said expanded parking is part of the solution. Councilmember Mullen stated the Parking Management Plan should be a priority because there are a lot of good ideas in the plan. Is of said Council needs to look at multiple lots and utilization of the bluffs for parking. Councilmember Crotzer agreed that he would like to review the Parking Management Plan as soon as possible. He said the Harbor Street parking lot is a good idea. He also stated he has never had a parking problem on the Embarcadero; having people park four blocks away from the aquarium is healthy. MOTION: Councilmember Mullen moved Council continue this item to the November 14, 1994 City Council meeting. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) D-4 STATUS REPORT ON FRONT STREET/EMBARCADERO PARKING LOT PLAN Community Development Director Don Funk reviewed the status report on the Front Street/Embarcadero Parking Lot Plan. He said the parking lot schematic proposal, if acceptable, will be presented to the Planning Commission and State Coastal Commission for their review and approval. Councilmember Mullen expressed concern with the pedestrian/bike path stop on the west side of the Embarcadero. Councilmember Crotzer asked how many parking places would be . gained or lost in Phase Two of the plan? Mr. Funk responded a few parallel parking places would be lost on the street, but 46 • 40 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1994 PAGE 14 those would be made up with other spaces. He said parking spaces are not gained because of the establishment of pedestrian space; however, improvements are accomplished without losing parking spaces. Mayor Yates questioned provisions for bus parking? Mr. Funk responded the plan provides for loading and unloading of buses. Councilmember Mullen asked about the proposed pedestrian and bike path on Phase Two of the plan. Mr. Funk responded they would try to work that out, possibly with the help of PG&E through their property around the out -take plant. Mayor Yates asked if ongoing maintenance for the pocket park had been discussed? Mr. Funk responded the Planning Commission will be discussing this issue in their review of the plan. He added there is a landscape architect on staff that is knowledgeable about drought -resistant plants. Mayor Yates opened the hearing to public comment. Cathy Novak expressed some concern with the proposed boardwalk interfering with delivery truck traffic to the fish processing areas and heavy equipment usage around the slips adjacent to the South T-Pier. Mr. Funk responded the area had been designed with the fishermen's access in mind. He said that area should not be impacted, in fact, it should alleviate congestion because public parking will be eliminated in that area. Mayor Yates closed the hearing to public comment. MOTION: Councilmember Mullen moved Council direct staff to prepare plans for review and approval of permits to construct the Harbor Parking Lot with the caveat to provide the walkway past the PG&E structure in Phase Two of the plan. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) F. MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) The meeting adjourned at 10:25 p.m. orded by (\� Bridget Davis City Clerk City of Morro Bay 0 City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - OCTOBER 10, 1994; 5:15 P.M. CLOSED SESSION - OCTOBER 10, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION Status Report on all pending litigation E-2 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES Discussions regarding personnel issues including two public employees regarding discipline/release/evaluation E-3 GOVERNMENT CODE SECTION 54956.8, REAL PROPERTY TRANSACTIONS Instructing City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to four parcels. • PUBLIC SESSION - OCTOBER 10, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. -1 MINUTES OF JOINT CITY COUNCIL/PLANNING COMMISSION MEETING OF SEPTEMBER 21, 1994 1 OF2 RESOLUTION NO. 96-94 IN OPPOSITION OF PROPOSITION 187 A-3 REQUEST FOR FEE WAIVER FOR CANDIDATES FORUM A-4 RESOLUTION NO. 95-94: APPROVAL OF OFFER OF DEDICATION - 2198 MAIN STREET A-5 REJECTION OF CLAIMS AGAINST THE CITY (TOGNAZZINI/OTERO) A-6 PROCLAMATION DECLARING OCTOBER 22-30, 1994 AS "RED RIBBON WEEK" B. UNFINISHED BUSINESS B-1 RECOMMENDATION FOR COMPLETION OF MIMOSA STREET ASSESSMENT DISTRICT; RESOLUTION NO. 97-94 DECLARING THE FINAL AMOUNTS OF ASSESSMENTS �1. C-1 DISCUSSION ON HAZARDS OF SECOND-HAND SMOKE IN BARS D-1 CONSIDERATION OF DRUG & ALCOHOL ADVISORY BOARD MASTER PLAN D-2 REVIEW OF BUILDING PERMIT FEE SCHEDULE REVISION 0 ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: Mayor Yates Colby Crotzer Ben Luna Susan Mullen Ahnawake Unger ABSENT: None Mayor Councilmember Councilmember Councilmember Councilmember STAFF: Dave Howell City Administrator David Hunt City Attorney Rick Algert' Harbor Director Bill Boucher Public Works Director Dolores Dahlin Secretary Don Funk Community Development Director Joe Loven Interim Police Chief Andrea Lueker Recreation & Parks Director • Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Ed Biaggini presented the "lighten up" this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates reported that the City Council discussed the City Attorney's contract in Closed Session and authorized an amendment to the City Attorney's contract reducing the expenses billed to the City as costs under the contract by motion and passed (5-0). Councilmember Luna announced the local chapter of "Go Gangs Out" has formed and the local chair is Ms. Linda Donnelly, who will be leading the chapter set up. Councilmember Unger announced she was on the Women's Forum at Cuesta College and stated they were looking for women who would like to participate. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1994 PAGE TWO Councilmember Mullen reported on the Environmental Health Forum stating it went very well and will be giving a full report to Council. Also stated that Big Brothers and Big Sisters were officially forming and are looking for board members and a clinical case worker. Councilmember Crotzer asked the City Administrator to publish the basic campaign laws and ethics to inform the public. It was the consensus of the Council to ask the newspapers to do a story but no funds are to be expended without Council approval. PUBLIC COMMENT Linda Merrill commented on her opposition to Prop 187 and the Council's resolution to oppose the "Save our State" initiative. Mary Phillips commended Bill Boucher on his suggested plan for obtaining and guaranteeing water for the future in Morro Bay. • Charles Palmer stated there were things he did not understand in the budget and feels there are many errors that need to be corrected and the budget revised accordingly. Rodger Ewing complimented Harbor Festival committees and participants on the success of the festival and also complimented and thanked the City Council for their roll in allowing a block party as part of the Festival After Dark program. Suggested that the Council initiate the possibility of continuing this sort of entertainment more than just one night a year to enhance our City as "tourist friendly." Richard Orteo commented on an item appearing on the Consent Agenda which involves a claim he has against the City. Stated he had no feedback regarding this claim and was unaware it would be heard before the Council this date. M. Tornorso, California Legal Foundation, stated he supported the Council's recommendation to oppose Proposition 187. • MINUTES - MORRO BAY CITY COUNCIL • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1994 PAGE THREE DECLARATION OF FUTURE AGENDA ITEMS Councilmember Crotzer suggested the Council support a resolution in opposition to Proposition 188, the RJ Reynolds backed initiative to allow smoking in certain circumstances and overrides the bill signed by the Governor. A- CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 MINUTES OF JOINT CITY COUNCIL/PLANNING MEETING OF SEPTEMBER 21, 1994. Mr. Howell recommended Council approve the minutes of September 21, 1994. • A-2 RESOLUTION NO.96-94 IN OPPOSITION OF PROPOSITION 187 Mr. Howell recommended Council approve the Resolution. A-3 REQUEST FOR FEE WAIVER FOR CANDIDATES FORUM Mr. Howell recommended Council approve the Fee Waiver A-4 RESOLUTION NO.95-94: APPROVAL OF OFFER OF DEDICA- TION - 2198 MAIN STREET Mr. Howell recommended Council approve Resolution 95-94 A-5 REJECTION OF CLAIMS AGAINST THE CITY (TOGNAZZINE/ OTERO) The Tognazzine claim had been pulled from the agenda and Mr. Howell recommended Council approve rejection of the Otero claim. A-6 PROCLAMATION DECLARING OCTOBER 22-30, 1994 AS `RED • RIBBON WEEK" • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1994 PAGE FOUR Mr. Howell recommended approval of the `Red Ribbon Week" proclamation. Councilmember Luna pulled Item A-2 and requested the opportunity to read the resolution. Councilmember Mullen pulled Item A-1 and requested the "Red Ribbon" proclamation be read. MOTION: Councilmember Unger moved Council approve the Consent Calendar with the exception of Items A-1 and A-2. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) A-1 MINUTES OF JOINT CITY COUNCILTI ANNING COMMISSION MEETING OF SEPTEM 3ER 21, 1994 Councilmember Mullen asked that the minutes be returned to staff and expanded as there were many things the Council requested and these minutes do not reflect any of these requests. A-2 RESOLUTION NO.96-94 IN OPPOSITION OF PROPOSITION 187 is Councilmember Luna read Resolution No. 96-94, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, OPPOSING "SAVE OUR STATE" INITIATIVE" in its entirety. Stated this was not a good initiative for the State or the City of Morro Bay. Motion: Councilmember Luna moved Council approve Item A-2, Resolu- tion No. 96-94. Councilmember Crotzer seconded the motion. Councilmember Crotzer stated the teachers opposition to this initiative as well as they felt it inappropriate to be put in the position of policemen. Councilmember Unger stated that one of the biggest problems facing the nation is illegal immigrants not Latinos only but people from all countries. Elaborated that it is not possible financially, historically, or foodwise that the Country take care of the world unless our policies are changed.. However, this initiative would deprive children and battered wives of medical care. Stated she would support this motion. The motion carried unanimously. (5-0) • A-6 PROCLAMATION DECLARING OCTOBER 22-30, 1994 AS "RED RIBBON WEEK" • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1994 PAGE FIVE Mayor Yates read the proclamation in its entirety at the request of Councilmember Mullen. B. UNFINISHED BUSINESS B-1 RECOMMENDATION FOR COMPLETION OF MIMOSA STREET ASSESSMENT DISTRICT; RESOLUTION 97-94 DECLARING THE FINAL AMOUNTS OF ASSESSMENT Mr. Boucher, Director of Public Works, stated the history of this project has been discussed and well documented. The recommendation being presented is to put forth the warranty to the property owners of the district and the financial impacts will be defined. This definition is that the assessments will stay as they are and ask the Council to recommend moving forward to a completion of the acquisition of the right-of-way. MOTION: Councilmember Mullen moved that Resolution 97-94 be adopted and direct staff to complete dedication and acceptance of the • Mimosa St. right-of-way and storm drainage easement. The motion was seconded by Councilmember Unger and unani- mously carried. (5-0) Mayor Yates called for a 5 minute break at 7:00 p.m. meeting resumed at 7:10 p.m. C. NEW BUSINESS C-1 DISCUSSION ON HAZARDS OF SECONDHAND SMOKE IN BARS Councilmember Luna read a report on whether or not bars should be required to post placards warning/notifying customers of potential health hazard of second hand smoke. Stated the City of Morro Bay has taken a position to allow the continuance of smoking in bars. This discussion is to determine whether the City should require bars to post placards warning of potential health risks of second hand smoke. Councilmember Crotzer stated he is firmly behind this kind of ordinance. Would support a placard in bars but would like to see banning cigarette vending machines which are the main source of cigarettes for the teenagers. • Would like to see an ordinance prohibiting advertising cigarettes within one mile of schools. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING OCTOBER 10, 1994 PAGE SIX Councilmember Unger asked who would supply the placards. Councilmember Luna stated it would be the business owner. Councilmember Unger stated if the City passed this ordinance and supplied the sign she would vote for this type of ordinance. Councilmember Mullen asked who would police the bars and stated she did not disagree with the program but is looking for enforcement and penalty issues. Stated she supported the concept but item should be brought back for public hearing. Councilmember Unger addressed a member of the audience (Mr. Tope), a bar owner, and asked his opinion of this discussion. He stated he did not see a necessity in putting up a sign because of the many laws being passed in the state. Councilmember Unger asked if it isn't mandatory and you don't have to buy it, would you have objections of putting up the sign? Mr. Tope said he would not have any objections to putting up a sign as long as it's small enough. • David Hunt asked if this would be a voluntary program or be made enforceable and stated if it were enforceable a law would have to be written. If it is voluntary, a resolution can be written, signs made and sent to the various establishments. Mayor Yates stated he did not have a problem with a voluntary program. Councilmember Luna stated he was willing to try a voluntary program. Councilmember Luna presented proposed language for a sign: "NOTICE -- THIS ESTABLISHMENT ALLOWS SMOKING -- SECOND HAND SMOKE CONTAINS CARCINOGENS THAT MAY BE HAZARDOUS TO YOUR HEALTH. Two suggestions made be the Council were to take out the word "notice" and "may be" . Councilmember Mullen suggested that Councilmember Luna bring language back to the Council in the form of a resolution at the next meeting. MINUTES - MORRO BAY CITY COUNCIL REGULAR. MEETING - JULY 11, 1994 PAGE SEVEN PUBLIC HEARING D-1 CONSIDERATION OF DRUG & ALCOHOL ADVISORY BOARD MASTER PLAN. Councilmember Mullen stepped down for this portion of the public hearing and Tom Sullivan the Chairman of the Master Plan Advisory Body on Drug and Alcohol Prevention and Katrina Rosa the coordinator for the Master Plan. Mr. Sullivan gave an overview of the Drug and Alcohol abuse problems, the Master Plan goals, and what services are available in the County and city. Copies of the Master Plan were given to the Councilmembers and made available for the public. Dave Howell spoke about the environment in Morro Bay and stated the statistics in drug and alcohol violations have been going down during the • past five years, but the statistics don't take into account the related offenses related to these violations. Noted there are no treatment centers in the County where non-violent people can be treated. Susan Mullen stated this was the fourth city in the county where the presentation has been made on the Master Plan. Stated the Council would be receiving a packet with the current plan including problem and solution statements and asked the Council to look this document over, refer this document to the Planning Commission for zoning advise, refer to the Police Dept. and request the possible creation of a recovery center here in Morro Bay. Councilmember Unger asked if the feedback should be in writing or will a meeting be scheduled? Ms. Mullen said it could be done either way; or a letter could be sent from the City Council incorporating the recommendations of the police department, planning commission and the Council. Councilmember Luna stated he would prefer a meeting for the purpose of heightening public awareness. • Mayor Yates opened the hearing for public comment; however, because no one came forward, the comment period was closed. i MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1994 PAGE EIGHT Mayor Yates commented that he also supported a recovery center in Morro Bay and asked how this would be paid for. Ms. Mullen stated that a workshop would probably be necessary to determine the public interest. Didn't see the City being the "lead" on this, it would have to be the Community to help create this type of organization. Councilmember Luna asked if there would be grant funds available for possibly these types of programs? Councilmember Unger asked if churches, synagogues, etc. were contacted or the merchants association or Chamber of Commerce for their opinions as it directly affects business. Ms. Mullen said nothing has been done in the City of Morro Bay to solicit that kind of information. However, the churches have been very open and • sponsor many of the anonymous groups. Thought that the concept of an open workshop to discuss the problem and feedback from the various groups would be helpful to both the Advisory Board and the City. MOTION: Councilmember Crotzer moved to refer this document to the City Administrator for distribution to the Police Department and Planning Commission for their review. Seconded by Councilmember Luna and unanimously carried. (5-0) D-2 REVIEW OF BUILDING PERMIT FEE SCHEDULE REVISION Dave Howell introduced the concept of this item stating there was a request to bring this back with some revision to the fees. Don Funk, Planning Director, presented the discussion on this item stating the fee schedule has been reviewed to see if the fees could be modified and if they are appropriate. Elizabeth Szwabowski defined the existing fees and how they have been revised. Explained that Option 1 is to return to a 2% rule; now we have 2.5% times the valuation and Option 1 will reduce that to 2%. Councilmember Mullen proposed tiering and that is shown in Option 2 which • recommends that permit valuations from $0 to $300 thousand be a straight 2% fee; valuations over $300 thousand would be 2.5%. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1994 PAGE NINE Councilmember Luna asked if the Option to return to the 2% fee is adopted will there be refunds to those who already have paid the 2.5%. Councilmember Mullen responded that this fee structure would be retroactive to July 1, 1994 and "yes" there would be refunds. Mayor Yates opened the hearing for public comment; as there was none, this item was returned to Council. MOTION: Councilmember Mullen moved that Option 2 be adopted for the building inspection and plan review fee and that it be retro- active to July 1, 1994. The motion was seconded by Council - member Crotzer and was unanimously carried. (5.0) F. ADJOURNMENT MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 9:05 p.m. Rec ded By: 0�; Dolores Dahlin Deputy City Clerk 11 N m v 1 m 3 m m a City of Morro Bay r City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - SEPTEMBER 26, 1994; 5:15 P.M. CLOSED SESSION - SEPTEMBER 26, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION ♦ City of Morro Bay v. Price; San Luis Obispo Superior Court Case No. 67297 E-2 GOVERNMENT CODE SECTION 54956.9(B)(2)(D), THREATENED LITIGATION ♦ Conference with legal counsel regarding threatened litigation (two cases) E-3 GOVERNMENT CODE SECTION 54957, PERSONNEL ♦ Discussion on personnel issues including one public employee regarding discipline/release/evaluation -4 GOVERNMENT CODE SECTION 54956.8, REAL PROPERTY Instructing City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property, announcements to be made at opening of meeting. PUBLIC SESSION - SEPTEMBER 26, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS El ON 0• CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF JULY 25, 1994, AUGUST 8, 1994 AND SEPTEMBER 12, 1994 A-2 STATEMENT OF CASH AND INVESTMENTS - AUGUST 1994 A-3 EXPENDITURE REPORT - AUGUST 1994 A-4 WATER SUPPLY STATUS REPORT A-5 AUTHORIZATION TO ISSUE A PUBLIC AREA USE PERMIT FOR CAL POLY CREW CLUB PRACTICES A-6 AUTHORIZATION TO ISSUE A PUBLIC AREA USE PERMIT FOR THE 1994 HARBOR FESTIVAL USE A-7 RESOLUTION NO. 91-94 AMENDING LEASE AGREEMENTS FOR LEASE SITES 71- 74/71W-74W; RESOLUTION NO. 92-94 AMENDING LEASE AGREEMENTS FOR LEASE SITES 75-77/75W-77W; AND RESOLUTION NO. 93-94 APPROVING FIVE-YEAR MOORING AREA LEASE WITH MARINA SQUARE 1 8 PROCLAMATION DECLARING OCTOBER 1994 AS "FILIPINO AMERICAN HISTORY MONTH" A-9 AWARD OF BID FOR PACIFIC STREET OVERLAY CONTRACT; PW 94-03 A-10 PROCLAMATION DECLARING OCTOBER 9-16, 1994 AS "FIRE PREVENTION WEEK" A-11 PROCLAMATION DECLARING OCTOBER 1994 AS "NATIONAL CRIME PREVENTION MONTH" A-12 PROCLAMATION DECLARING OCTOBER 3-7, 1994 AS "MORRO BAY DIAL -A -RIDE WEEK" B. UNFINISHED BUSINESS B-1 RECOMMENDATION FOR COMPLETION OF MIMOSA STREET ASSESSMENT DISTRICT B-2 CONSIDERATION OF BID AWARD FOR TIDELAND PARK RESTROOM RENOVATION; PW94-01 C. NEW BUSINESS C-1 CONSIDERATION OF FRONT STREET PARKING LOT OPTION SELECTION C-2 RESOLUTION NO. 90-94 APPOINTING A DELEGATE TO SERVE ON THE SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT BOARD 0 2 0. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 STATUS REPORT ON PARKING MANAGEMENT PLAN D-2 CONSIDERATION OF OPTION TO ACQUIRE ADDITIONAL STATE WATER PROJECT ENTITLEMENT D-3 RECONSIDERATION OF SIZING OF CHORRO VALLEY PIPELINE (PHASE II) D-4 CONTINUED PUBLIC HEARING ON REVIEW OF MODIFICATIONS OF THE AMENDMENTS TO THE VISUAL RESOURCES AND SCENIC HIGHWAY ELEMENT OF THE GENERAL PLAN, AND TO THE LOCAL COASTAL PROGRAM LAND USE PLAN APPROVED ON JUNE 17, 1992. THE AMENDMENTS SET NEW CRITERIA LIMITING DEVELOPMENT ON RIDGE —LINES AND SLOPES IN UNDEVELOPED SCENIC AREAS OF THE CITY. (CEQA DETERMINATION: EXEMPT AS A FUNCTIONAL EQUIVALENT OF AN EIR UNDER CEQA LCP REGULATIONS) COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. • IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - SEPTEMBER 26, 1994 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m. PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Dave Howell City Administrator David Hunt City Attorney CLOSED SESSION MOTION: Councilmember Unger moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. • The meeting adjourned to Closed Session at 5:05 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. .:f�NAf���i11 PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None • r 1 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1994 PAGE 2 STAFF: Dave Howell David Hunt Bill Boucher Bridgett Davis Don Funk Jeff Jones Joe Loven Andrea Lueker City Administrator City Attorney Public Works Director City Clerk Community Development Director Fire Chief Police Chief Recreation & Parks Director Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP City Administrator Dave Howell presented the "Lighten Up" this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates made the following announcements: ♦ The Fire Department was congratulated on its new vehicle, which is now in service. ♦ Thrifty Drug Store set up a table to serve ice cream during the City Council meeting break. ♦ The Police Department garnered a $30,000 officer traffic safety grant which will be used to purchase a radar trailer, helmets and other gear. ♦ Item B-1 (Recommendation for Completion of Mimosa Street Assessment District) will be continued. Councilmember Mullen made the following announcements: ♦ The City of Morro Bay received an economic development grant for $30,000 for technical assistance to develop a business expansion study. ♦ The Alcohol Master Plan Advisory body for drug and alcohol abuse prevention has been named one of 17 bodies in the country receiving a grant for community outreach, which will take place in March 1995. ♦ Tom McArdle, a Bayshore Bluffs owner, donated a $14,000 dining room set to the non-profit Morro Bay Foundation, which was formed to help provide funding for low-income young people and scholarships for Parks & Recreation programs. ♦ Julie Wright, secretary for the Office of Trade and Commerce, will be in Morro Bay on October 17, 1994 at 1:30 p.m. Everyone is welcome to join her in a tour of Morro Bay. One of her employees, Bob Switzer, has been instrumental in helping the City obtain grant funding and in working with local manufacturers to receive loans. The City has now attracted a positive level of attention from the state in terms of economic development. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1994 PAGE 3 PUBLIC COMMENT Warren Dorn submitted a letter to Council requesting an item be agendized to discuss the approval of an illegal subdivision on the property north of Morro Bay High School. Charles Palmer requested Council agendize an open public workshop to discuss the City's budget and salary raises. Ronald Perkins, owner of Cobalt Construction Company, addressed Item B-2 (Consideration of Bid Award for Tideland Park Restroom Renovation) stating his bid on this project was rejected by Recreation & Parks because his signature had not been notarized on his bid bond. He apologized for this oversight, and asked Council for reconsideration. Mary Phillips pointed out visibility problems on Mimosa and Hill Street and asked for more warning signs. Jo L. Merriman addressed Council with concerns of the number of residents who go outside of Morro Bay to conduct business. DECLARATION OF FUTURE AGENDA ITEMS • Councilmember Luna requested a resolution in opposition to Proposition 187 be agendized in order to place placards in bars addressing the hazards of second-hand smoke. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF JULY 25, 1994, AUGUST 8, 1994 AND SEPTEMBER 12, 1994 Mr. Howell recommended Council approve the minutes for the regular meetings of July 25, 1994, August 8, 1994 and September 12, 1994. A-2 STATEMENT OF CASH AND INVESTMENTS - AUGUST 1994 Mr. Howell recommended Council accept the report for file. A-3 EXPENDITURE REPORT - AUGUST 1994 Mr. Howell recommended Council approve the report. A-4 WATER SUPPLY STATUS REPORT to Mr. Howell recommended Council accept the report for file. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1994 PAGE 4 A-5 RESOLUTION NO. 89-94: AUTHORIZATION TO ISSUE A PUBLIC AREA USE PERMIT FOR CAL POLY CREW CLUB PRACTICES Mr. Howell recommended Council adopt Resolution No. 89-94 approving Public Area Use Permit No. 783 for the Cal Poly Crew Club practice. A-6 RESOLUTION NO. 88-94: AUTHORIZATION TO ISSUE A PUBLIC AREA USE PERMIT FOR THE 1994 HARBOR FESTIVAL USE Mr. Howell recommended Council adopt Resolution No. 88-94 approving Public Area Use Permit No. 636 for the 1994 Harbor Festival. A-7 RESOLUTION NO. 91-94 AMENDING LEASE AGREEMENTS FOR LEASE SITES 71-74/71W-74W; RESOLUTION NO. 92-94 AMENDING LEASE AGREEMENTS FOR LEASE SITES 75-77/75W-77W; AND RESOLUTION NO. 93-94 APPROVING FIVE-YEAR MOORING AREA LEASE WITH MARINA SQUARE Mr. Howell recommended Council pull Item A-7 for separate action. A-8 PROCLAMATION DECLARING OCTOBER 1994 AS "FILIPINO AMERICAN • HISTORY MONTH" Mr. Howell recommended Council adopt the proclamation declaring October 1994 as "Filipino American History Month". A-9 AWARD OF BID FOR PACIFIC STREET OVERLAY CONTRACT; PW 94-03 Mr. Howell recommended Council award Bid No. PW 94-03 for the Pacific Street Overlay Contract to Madonna Construction Company in the amount of $28,177.30 including Additive Alternate 1. A-10 PROCLAMATION DECLARING OCTOBER 9-16, 1994 AS "FIRE PREVENTION WEEK" Mr. Howell recommended Council adopt the proclamation declaring October 9-16, 1994 as "Fire Prevention Week". A-11 PROCLAMATION DECLARING OCTOBER 1994 AS "NATIONAL CRIME PREVENTION MONTH" Mr. Howell recommended Council adopt the proclamation declaring October 1994 as "National Crime Prevention Month". A-12 PROCLAMATION DECLARING OCTOBER 3-7, 1994 AS "MORRO BAY DIAL - A -RIDE WEEK" Mr. Howell recommended Council adopt the proclamation declaring October 3-7, 1994 as "Morro Bay Dial -A -Ride Week". • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1994 PAGE 5 Councilmember Luna pulled Item A-9 from the Consent Calendar; Councilmember Crotzer pulled Item A-5. MOTION: Councilmember Crotzer moved to approve the Consent Calendar with the exception of Items A-5, A-7, and A-9. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-5 RESOLUTION NO. 89-94: AUTHORIZATION TO ISSUE A PUBLIC AREA USE PERMIT FOR CAL POLY CREW CLUB PRACTICES Councilmember Crotzer expressed concern with Item 4 of Attachment "A" of Resolution No. 89-94, stating with an ongoing use of the bay, there might be an inclination that someone, out of malice, would obstruct this process. He said this clause put the onus on the crew only. Councilmember Crotzer stated that courtesy on the water is the general rule. Ms. Lueker responded that clause was put in based on issues in past years and it could be rewritten. MOTION: Councilmember Crotzer moved Council approve Item A-5. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) • A-7 RESOLUTION NO. 91-94 AMENDING LEASE AGREEMENTS FOR LEASE SITES 71-74/71W-74W; RESOLUTION NO. 92-94 AMENDING LEASE AGREEMENTS FOR LEASE SITES 75-77/75W-77W; AND RESOLUTION NO. 93-94 APPROVING FIVE-YEAR MOORING AREA LEASE WITH MARINA SQUARE Mayor Yates stepped down due to a conflict of interest, and Vice Mayor Mullen assumed conduct of the meeting. MOTION: Councilmember Unger moved Council approve Resolution No. 91-94 amending lease agreements for Lease Sites 71- 74/71W-74W. The motion was seconded by Councilmember Crotzer and carried with Mayor Yates abstaining. (4-1) MOTION: Councilmember Luna moved Council approve Resolution No. 92-94 amending lease agreements for Lease Sites 75- 77/75W-77W. The motion was seconded by Councilmember Unger and carried with Mayor Yates abstaining. (4-1) MOTION: Councilmember Luna moved Council approve Resolution No. 93-94 approving five-year mooring area lease with Marina Square. The motion was seconded by Councilmember Unger and carried with Mayor Yates abstaining. (4-1) Mayor Yates resumed his seat on the Council. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1994 PAGE 6 • A-9 AWARD OF BID FOR PACIFIC STREET OVERLAY CONTRACT; PW 94-03 Councilmember Luna asked if residents will be notified of this project before it commences? Mr. Boucher said that letters will be sent out. MOTION: Councilmember Luna moved Council approve Item A-9. The motion was seconded by Councilmember Crotzer and unanimously approved. (5-0) Mayor Yates presented the Proclamation declaring October 9-16, 1994 as "Fire Prevention Week" to Fire Chief Jeff Jones. Mayor Yates presented the Proclamation declaring October 1994 as "Filipino American History Month" to a representative from the California Central Coast Chapter of the Filipino American Historical Society. B. B-1 RECOMMENDATION FOR COMPLETION OF MIMOSA STREET ASSESSMENT DISTRICT This item was continued to the October 10, 1994 City Council • meeting. B-2 CONSIDERATION OF BID AWARD FOR TIDELAND PARK RESTROOM RENOVATION; PW94-01 Recreation & Parks Director Andrea Lueker reviewed the project bids for Tidelands Park Restroom Renovation (PW 94-01) and recommended Council reject the first and second apparent low bids (Complete Development Services and Cobalt Construction Company) due to non-compliance of the bid process, and award the contract to Miracle Maintenance. Councilmember Mullen asked for clarification on why Cobalt Construction's bid was rejected? Ms. Lueker responded Cobalt's bid was irregular in that their bid bond was not notarized which made it invalid. Councilmember Crotzer stated since the bid is now notarized, if it satisfies the City's requirements? Ms. Lueker stated that she had not seen the notarized statement from Cobalt. (Mr. Perkins of Cobalt Construction presented the notarized bid bond to Ms. Lueker at the meeting.) Ms. Lueker clarified the bid bond was in Cobalt's bid package without the required notarization which did not make it a complete bid package. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1994 PAGE 7 • MOTION: Councilmember Luna moved Council award the contract to Miracle Maintenance for Tidelands Park Renovation. The motion was seconded by Councilmember Crotzer and passed with Councilmember Unger voting no. (4-1) C. NEW BUSINESS C-1 CONSIDERATION OF FRONT STREET PARKING LOT OPTION SELECTION Community Development Director Don Funk reviewed the preliminary Front Street Parking Lot schematic design options as an initial part of the implementation of the Parking Management Plan. He requested Council direct staff to prepare plans for the review and approval of permits to construct the Front Street Parking Lot. Councilmember Crotzer stated he liked the bike path on Alternative No. 2; however, requested a trolley stop added. Mr. Funk responded a trolley stop could be added to Alternative No. 2. Councilmember Luna asked if any of the alternatives would accommodate tour buses? Mr. Funk responded Alternative No. 2 located by PG&E, would best accommodate tour buses. Councilmember • Luna stated he prefers the landscaping on Alternative No. 1, and the trolley stop on Alternative No. 3. Mayor Yates voiced his support for Alternative No. 1 as it is the most aesthetically pleasing. The bike path and trolley could be accommodated, as well as tour buses. Councilmember Crotzer asked if the bike/ped path from Alternative No. 2 could be incorporated into Alternative No. 1; if so, he would support No. 1. Mr. Funk responded that would be possible. Councilmember Mullen stated she prefers the landscape screening on Alternative No. 3. She inquired about the storage yard. Harbor Director Rick Algert responded there is an area that cannot be utilized for parking spaces, but could be used for either landscaping or storage. The Harbor Department would like to be able to keep some items at that location, as opposed to moving everything to the new fishermen's storage area. Councilmember Unger asked for clarification on handicapped parking spaces. Mr. Funk responded handicap parking spaces would be placed in the area toward Beach Street, as they should be close to entrances. Councilmember Luna suggested Alternative No. 3, removing seven spaces in the middle to incorporate an island and maintaining the trolley stop. He also requested accommodations for tour buses be addressed. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1994 PAGE S Councilmember Mullen stated she did not want to see long-term parking for tour buses on the Embarcadero. Mayor Yates suggested staff incorporate Council's suggestions into one plan, and return to the October 24, 1994 Council meeting with a proposed plan for both west and east side of the Embarcadero. Mayor Yates called for a break at 7:40 p.m.; the meeting resumed at 7:55 p.m. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 STATUS REPORT ON PARKING MANAGEMENT PLAN Community Development Director Don Funk reviewed the status of the Parking Management Plan. Councilmember Unger asked if the Planning Commission had considered underground parking? She said if two levels of the proposed four-story structure were underground, the structure would not have to be so high. Mr. Funk responded that Mr. Gunther had proposed a subsurface structure; however, a soils analysis showed the ground water level to be very high. Councilmember Unger stated she would support a parking structure if there was a park on top, as long as the blufftop views were not obstructed. Mr. Funk said he would look into that. Mayor Yates inquired about the lots at the Shell Shop and the Quonset hut. Mr. Funk responded they had talked to the owner of the Shell Shop, and that is a possible location for additional parking. Mayor Yates asked if the owners of the trailer park on the Embarcadero had been pursued? Mr. Funk responded he had not contacted that particular owner. Mayor Yates stated he would like to see that dialogue opened as well. Councilmember Unger asked if there are grants available for parking lots? Councilmember Mullen responded parking lots are low in the priority list for grants. Councilmember Mullen stated she would like the Planning Commission pursue the Parking Management Plan with Council's recommendations, and return to Council with an update in October. Mayor Yates referred to the diagonal parking on Monterey Street. Mr. Funk responded the Monterey Street diagonal parking has been implemented and adopted as part of the Circulation Element of the MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1994 PAGE 9 • General Plan. He said further development on Monterey Street would require narrowing the 15-foot sidewalk to allow diagonal parking on both sides of the street. The City would have to negotiate with lot owners to get easements for public parking. Councilmember Mullen asked if monies were available to proceed with the projects? Mr. Funk responded funding could come from the in -lieu parking fees, but should come from the downtown fund. The City could advance the money for the project; the cost would be about $1,500 per parking space multiplied by 45 spaces which would be approximately $70,000. Mayor Yates opened the hearing to public comment. Charles Palmer addressed Council on the money budgeted for parking. Mary Phillips addressed Council on developing parking lots on private property. Steve Wise, Chairman of the Harbor Advisory Board Parking Subcommittee, presented Council with recommendations from the subcommittee including a 4-hour parking limit which will restrict employee parking on the Embarcadero, improvements to the PG&E . parking lot, etc. John Barta suggested the City work toward being more flexible and organic in its approach by spending money on land instead of concrete. He agreed that having employees park off the Embarcadero would be a positive step. Mayor Yates closed the hearing for public comment. Councilmember Luna stated he supports the four-hour parking limits and would like to consider parking meters in the future. Councilmember Unger stated she supports the four-hour parking limits, but not restrictions at night. She said she does not support parking meters. Mayor Yates stated he does not support parking meters as they would interfere with the quality of life. He said he would prefer more parking lots on the south end of the Embarcadero. Mayor Yates stated the City should encourage businesses to request their employees not to park on the Embarcadero. Councilmember Mullen stated she supports a four-hour parking limit; excluding evening hours. She said employers should be notified in writing to encourage employees not to park on the Embarcadero. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1994 PAGE 10 Councilmember Crotzer stated the four-hour parking limit makes good sense and he concurred with the Harbor Advisory Board recommendations. He said he has an aversion to parking meters, even though they are money-makers. No action was taken on this item. D-2 CONSIDERATION OF OPTION TO ACQUIRE ADDITIONAL STATE WATER PROJECT ENTITLEMENT Public Works Director Bill Boucher reviewed the Water Advisory Board's recommended option to acquire up to 1,313 acre feet of excess County State Water entitlement. He recommended Council consider options and direct staff to commence formal discussions with San Luis Obispo County to acquire up to 1,313 acre feet of excess County State Water Project entitlement with amortization of any past payment costs. Councilmember Crotzer asked if expansion of the desalination plant would result in reduction of the price of State --Water desalinated water? Mr. Boucher responded expansion would result in reduced operation and maintenance costs. He noted the City is in the second year of repayment, so there are eight years of capital left in the existing facility. . Councilmember Luna asked if the City would have an excess of water if it subscribed for additional water and received 100% of the allocation? Mr. Boucher discussed the limited hydraulic capacity of the State Water System and noted the pipeline would not have the capacity to carry any more than the subscribed 1,313 acre feet. Councilmember Luna asked what would happen to the remaining excess water? Mr. Boucher responded it could go to the ground water bank in the Central Valley or it could be sold to another State Water contractor. He referred to County Engineer Milne's letter in the staff report, which stated that deliveries will not be 100% until the project is completed. In the summertime the City will need to access additional water. Mayor Yates opened the hearing to public comment. Charles Palmer stated there is no reason to acquire additional water. He said the City should not purchase the desalination plant, but should lease it so as not to be responsible for high maintenance costs. Mary Phillips asked what the State Health Department had to say about desalting ocean water when the City has been told to clean up sewer water before discharging it into the ocean? John Barta stated water conservation would reduce the amount of • water needed by the City. He said the City has depleted its groundwater, therefore, State Water comes at a critical time. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1994 PAGE 11 • Mr. Barta added this is an opportunity to help Chorro and Morro Creeks recover at a final cost of approximately 4% more of what is contracted at this time. Mayor Yates closed the hearing to public comment. Councilmember Luna asked if the additional 1,313 acre feet of water could be cut during a drought? Mr. Boucher responded affirmative; the City's effective total entitlement would be 2,626 acre feet, of which there are physical facilities to deliver 1,313 acre feet. He said if there is a cut of 50% percent, then that would result in a net of 1,313 acre feet. Mr. Boucher stated the City uses 1,200 to 1,300 acre feet per year and a lot of that water needs to be delivered in summer and fall months. Councilmember Luna stated even with this additional entitlement, the City would need to draw water from the Chorro basin. He said he is not convinced that this is the best water insurance policy for the City. Councilmember Unger said that she would follow the recommendation of the Water Advisory Board and direct staff to commence formal discussions. She said the City should look at all the options. • Councilmember Mullen stated she would like the County Board of Supervisors to entertain this concept before staff spends any time on this option. Mayor Yates agreed with the Water Advisory Board recommendation to commence discussions with the County. Councilmember Mullen suggested staff send a letter to the County Board of Supervisors requesting their input on this option. Council concurred with Councilmember Mullen and asked Mr. Boucher to send a letter to the County Board of Supervisors. Mayor Yates called for a break at 9:25 p.m.; the meeting resumed at 9:40 p.m. Councilmember Unger asked that Item D-4 be considered before D-3. D-4 CONTINUED PUBLIC HEARING ON REVIEW OF MODIFICATIONS OF THE AMENDMENTS TO THE VISUAL RESOURCES AND SCENIC HIGHWAY ELEMENT OF THE GENERAL PLAN, AND TO THE LOCAL COASTAL PROGRAM LAND USE PLAN APPROVED ON JUNE 17, 1992. THE AMENDMENTS SET NEW CRITERIA LIMITING DEVELOPMENT ON RIDGE - LINES AND SLOPES IN UNDEVELOPED SCENIC AREAS OF THE CITY. (RESOLUTION NO. 87-94) (CEQA DETERMINATION: EXEMPT AS A 0 FUNCTIONAL EQUIVALENT OF AN EIR UNDER CEQA LCP REGULATIONS] MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1994 PAGE 12 • Community Development Director Don Funk reviewed the modification of the Hillside Protection Measures, Visual Resources and Scenic Highway Amendments as proposed by the Planning Commission and modified by Councilmember Mullen. He recommended Council approve Resolution No. 87-94 approving amendments to Chapter IV - Visual Resources and Scenic Highway Element of Morro Bay's General Plan; and direct the City Administrator to submit the amendments to the State Coastal Commission for certification. Mayor Yates asked if the Planning Commission could make an exception between 20% and 30% slope. Mr. Funk responded that proposal is not in any current documents; however, the code reads any development involving a 10% slope or greater would require Planning Commission review. Councilmember Crotzer asked if the proposal before Council is a relaxing of standards, or lessening of restrictions. Mr. Funk responded the regulations are in limbo because seismic issues have been resolved but visual issues have not. He said current regulations are less restrictive than past regulations. Mayor Yates opened the hearing to public comment. Marshall Ochylski, representative of Tri-W, asked for • clarification regarding approval by the previous City Council of the General Plan amendment which allows for a 30% slope. His understanding is that even though the State Coastal Commission turned down the Local Coastal Plan, the General Plan amendment still takes effect. Mr. Ochylski expressed Tri-W's reservations about two items in the amendment: 1) they feel the 30% slope should still be the criteria since it was adopted by the previous Council; 2) all properties below 210 feet should be exempt from this regulation. He asked that the word "properties" under Item 2(e) of the Draft Hillside Development Standards report be changed to "parcels". Dale Reddell stated he agrees with the 30% slope standard. His property is out of the local coastal jurisdiction so it should exempt from these restrictions. Mayor Yates closed the hearing to public comment. Councilmember Crotzer stated the 20% to 30% slope is the essential point. He is willing to compromise because on the majority of properties he has seen do not impact on viewing the ridgeline from a distance. Councilmember Crotzer stated future projects will be affected in undeveloped areas of the County. Councilmember Mullen stated the Planning Commission has consistently upheld the 20% slope. She said environmental review • will be required for all projects over 10% slope. LJ • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1994 PAGE 13 Mayor Yates stated he supports the 30% for environmental review for anything his support of the resolution. slope cap; the requirement over 10% slope reinforces Councilmember Unger asked for clarification on the language addressing the criteria that increases the elevation for open space from 200 feet to 210 feet? Mr. Funk responded language had been added for clarification at the request of the Coastal commission. MOTION: Councilmember Mullen moved Council adopt Resolution 87- 94 with the language amendments on page 2, Section 2(e), revising "properties" to "parcels", and revising "projects" to "construction and grading". The motion was seconded by Councilmember Luna and carried with Mayor Yates and Councilmember Unger voting no. (3-2) D-3 RESOLUTION NO. 94-94: RECONSIDERATION OF SIZING OF CHORRO VALLEY PIPELINE (PHASE II) Public Works Director Bill Boucher reviewed the Water Advisory Board recommendation to reconsider the sizing of Chorro Valley Pipeline (Phase II). He stated due to the City's withdrawal from the Nacimiento Water Supply Project, the community no longer needs the hydraulic capacity afforded by the 16-inch Chorro Valley Pipeline (Phase II). Mr. Boucher recommended Council adopt Resolution No. 94-94 directing staff to affect the reduction in the size of the Chorro Valley Pipeline (Phase II) to meet the minimum capacity of the City's State Water Project entitlement. Mayor Yates opened the hearing to public comment. Charles Palmer addressed Council on the technical aspects of pipeline sizes. He said a smaller pipe would perform the task required and save money. John Barta stated the possibility of generating power would be hampered by a smaller pipeline, and a larger pipe would generate more electricity. Mayor Yates closed the hearing to public comment. Councilmember Luna referred to the report, which states the life span of the pipeline would be shortened by using a smaller diameter pipe; he asked how much the life span would be shortened? Mr. Boucher responded that had not been determined. Councilmember Unger stated Council should ask the County for their opinion on what size pipeline would be beneficial. Mr. • Boucher responded that is being researched; at this time neither the detail design nor detail calculations have been performed. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1994 PAGE 14 • MOTION: Councilmember Luna moved Council approve Resolution No. 94-94. The motion was seconded by Councilmember Unger and carried unanimously. (5-0) C-2 RESOLUTION NO. 90-94 APPOINTING A DELEGATE TO SERVE ON THE SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT BOARD City Administrator Dave Howell requested Council appoint a delegate to serve on the San Luis Obispo County Air Pollution Control District Board in accordance with Assembly Bill 75 (Hauser) and approve Resolution No. 90-94. MOTION: Councilmember Unger moved Council appoint Mayor Yates as delegate to the County Air Pollution Control District Board, and appoint Vice -Mayor Mullen as alternate. The motion was seconded by Councilmember Luna and unanimously passed. (5-0) MOTION: Councilmember Unger moved Council adopt Resolution No. 90-94 appointing a delegate to serve on the County Air Pollution Control District Board. The motion was seconded by Councilmember Luna and unanimously passed. (5-0) F. MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) The meeting adjourned at 10:45 p.m. Recorded by: Bridgett Davis City Clerk • • NOT = C E O F SPEC = AL MEET = NG NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council and Planning Commission is hereby called to be held on September 21, 1994 at 6:00 p.m. at the Morro Bay Veterans Memorial Building, 209 Surf Street, Morro Bay, California. The City Council and Planning Commission will be reviewing the Morro Bay zoning ordinance. DATED: September 2, 1994 WILLIAM YATES, Ma or City of Morro BayV California • 0 n U MINUTES - MORRO BAY CITY COUNCIL/PLANNING COMMISSION SPECIAL MEETING - SEPTEMBER 21, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL CITY COUNCIL PRESENT: Mayor Yates Colby Crotzer Ben Luna Susan Mullen Ahnawake Unger ABSENT: None PLANNING COMMISSION PRESENT: Howard Smith Henry Garcia Bernie Melvin Charles Reasor ABSENT: Janice Peters STAFF: Dave Howell Bridgett Davis Don Funk Shauna Nauman Mayor Councilmember Councilmember Councilmember Councilmember Chairman Commissioner Commissioner Commissioner Commissioner City Administrator City Clerk Community Development Dir. City Planner OP3VIVG ST,4,TEMZYr-V--IW9.ZUO�KgCIJXCIL AND COMMISSION PUBLIC COMMENT There was no public comment. STAFF PRESENTATION -CITY COUNCIL/PLANNING COMMISSMLD CUS 15 jt Community Development Director Don Funk reviewed amendments to the Zoning Ordinance - Section 17 of the Morro Bay Municipal Code; and amendments to the General Plan and Local Coastal Plan Land Use Map and Zoning Map to modify General Plan/Zoning Designations on certain parcels within the City. The amendments have been reviewed and adopted by the Planning Commission after conducting numerous public hearings and workshops on the proposed amendments. FI MINUTES - MORRO BAY CITY COUNCIL/PLANNING SPECIAL MEETING - SEPTEMBER 21, 1994 PAGE 2 • Mr. Funk used visual maps of Area Maps 1-15 for Council and Commission's review and general discussion. He stated any changes must still go back to the Planning Commission; when the Commission approves the revisions, the City Council will make the final approvals. Mayor Yates stated this is a learning meeting, not one to ratify the documents. Mr. Funk stated Area No. 1 is the city limits at Toro Creek Road with a strip of land east of the freeway, which is also within city limits. He said Toro Creek is the border between the city and the county. Mr. Funk stated dotted boundaries on the map indicate that environmentally sensitive zones can be moved with approval from the Department of Fish and Game and the Planning Commission. He said a buffer zone can be reduced in footage from 50 to 25 feet. Councilmember Luna asked if language concerning reduced buffers was included in the changes? Mr. Funk responded language was added to page 40-12 to clarify wetlands restrictions. He said the actual buffer width in the Local Coastal Plan is 100 feet. Councilmember Crotzer stated he thought that combining lots had • been discussed instead of allowing all substandard lots to be developed; he would like to visit this issue at another time. Mr. Funk responded he would make a note of this issue, and said it may only be the written language that is unclear. Councilmember Unger asked how it was possible to go from an ESH zone to a R-1 zone? Mr. Funk responded an ESH zone is a limiting designation which allows for changes that do not impact the environmentally sensitive area. In an ESH zone, it can cover part of the lot, where an overlay zone can have different criteria. Councilmember Crotzer stated his understanding is that an ESH overlay was as stringent as a primary zone, but it can move. Mr. Funk responded a primary zone should always have a legal boundary, where an ESH zone is stated as being the creek and 50 feet from the bank. Councilmember Mullen referred to the surrounding zoning on Area 1 (particularly zoning north of M-2 PD on the east side of the highway), and asked if it was implied that surrounding zoning was M-2 when using the ESH overlay? Mr. Funk responded it was M-2 to the 50-foot buffer and ESH elsewhere. Councilmember Mullen stated she would like to change the whole area to M-1 zone. Mr. Funk said that M-2 was coastal -dependent and covered things that had to be close to the ocean such as power plants and oil • operations. Councilmember Mullen asked if the area could be K MINUTES - MORRO BAY CITY COUNCIL/PLANNING COMMISSION SPECIAL MEETING - SEPTEMBER 21, 1994 PAGE 3 • zoned both M-1 and M-2? Mr. Funk responded it could be dual - zoned. Councilmember Mullen stated she would support dual -zoning because the City has little available high industrial/manufacturing property. Mayor Yates asked if Chevron owned this property; Mr. Funk responded affirmative. Mr. Funk stated what is proposed for Area No. 2 is that it become R-1 in order to become compatible with the residential area next to it. He said the R-1 designation does not have the S-1 overlay, which is for smaller lots of 2,400 square feet or less and are allowed reduced front and side setbacks and increased coverage. Councilmember Unger stated pockets of industrial development is needed to increase the City's tax base. She said this is a large parcel; Mr. Funk responded it is approximately 10 acres. Mayor Yates suggested this area come back for further discussion. Planning Commissioner Melvin stated the PD overlay recognizes that there are circulation problems as far as streets, traffic, etc. He said there is concern with industrial property being located behind residential property. Mr. Funk stated Area No. 3 starts at the north end of town and continues down the coast, south of Island Street. He said this map is mostly related to changing the underlying areas of the creek to primary zoning. Councilmember Mullen asked if the park in the middle of Cloisters could be zoned something besides R-l? Mr. Funk responded the zoning categories were not changed on this map because the park is a special use and falls under special use permitting. Councilmember Crotzer asked if the shifting dunes move the ESH line? Mr. Funk responded the dotted line is intended to be flexible because it is not precise and nature moves the line. He read the passage pertaining to the issue: "Environmentally Sensitive District Habitat Overlay Zone shall extend not only over the environmentally sensitive area itself, but shall also include buffers necessary to insure and continue protection of the habitat areas. Only uses dependent on the sensitive resources and which do not result in significant disruption of habitat value shall be permitted in the ESH overlay zone. The ESH overlay zone may apply to areas not currently mapped as ESH designation." Mayor Yates called for a break at 7:15 p.m.; the meeting resumed at 7:30 p.m. • MINUTES - MORRO BAY CITY COUNCIL/PLANNING SPECIAL MEETING - SEPTEMBER 21, 1994 PAGE 4 • Mr. Funk described the zoning for Morro Rock, which is currently zoned ESHR. The proposal is to change that to OA-1, which is open space, with an ESH overlay. The sandspit is currently zoned ESH and the proposal is to change it to OA-1 with an ESH overlay zone. There is ownership on the sandspit. There are probably three or four lots that are privately owned on the sandspit. Two of the larger parcels consist of 17 acres. There are two small lots of about 6,000 square feet. The proposal is to change the ocean zoning from none to harbor and navigable ways with an ESH overlay. The city goes out three miles to the edge of the state tidelands. Mayor Yates commented that, if the city goes out three miles, then that falls under city jurisdiction. Mr. Funk stated the Planning Commission suggested Area No. 8 remain C-2 (General Commercial). Mr. Funk stated Area No. 10 covers the Tri-W site. The proposal is to change it from C-2 to C-1 which will allow restaurant, commercial retail and office uses. He said this zoning is best for the entrance to the City and allows more flexibility. Mr. Funk the proposed designation for the Caratan property is R- • 3, which is more in keeping with the residential character of the neighborhood. Mayor Yates suggested this area come back for further discussion. • Mr. Funk stated Area No. 12 consists of the mortuary and the Baptist Church. The side along the highway is currently zoned C- 2, which is general commercial and heavy-duty manufacturing. It is also an area with residential uses and is highly visible. He said the proposal is for this area to be zoned C-1. Mr. Funk stated changes to Area No. 13 will include ESH for the environmentally sensitive areas. Mr. Funk said Area No. 14 includes Black Mountain which is proposed to be zoned OA-2/PD, which is what the park is now. The area of the bay is proposed to be zoned OA-1 with an ESH overlay. Mr. Funk stated the GO zoning along Harbor Street is very limiting which have created problems in the past. He said either the zoning needs to be changed or the language of the zone needs to be changed to expand the uses. Mayor Yates stated he does not support changing the zone to C-1 because residences cannot be improved under that designation. He suggested this area come back for further discussion. 4 MINUTES - MORRO BAY CITY COUNCIL/PLANNING COMMISSION SPECIAL MEETING - SEPTEMBER 21, 1994 PAGE 5 • Mr. Funk stated further meetings will take place on the issues marked for discussion. • • Commissioner Melvin asked that an introductory section be included in the final report. Mr. Funk responded explanatory diagrams have been added to the report. Mayor Yates thanked Mr. Funk for his presentation and asked for more input from participants. ADJOURNMENT The meeting adjourned at 8:23 p.m. Recorded }}by: ` Bridgett Davis City Clerk 5 City of Morro Bay •. City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - SEPTEMBER 12, 1994; 5:15 P.M. CLOSED SESSION - SEPTEMBER 12, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.8, REAL PROPERTY ♦ Instructing City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property on two separate issues E-2 GOVERNMENT CODE SECTION 54957, PERSONNEL ♦ Discussion on personnel issues including two public employees regarding discipline/release/evaluation PUBLIC SESSION - SEPTEMBER 12, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. • 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF JULY 11, 1994, JULY 25, 1994, AND AUGUST 22, 1994; ADJOURNED MEETING OF AUGUST 24, 1994; AND SPECIAL MEETINGS OF AUGUST 3, 1994, AUGUST 16, 1994 AND AUGUST 17, • 1994 A-2 APPROVAL OF BID AWARD FOR AUDITING SERVICES 1 .3 RESOLUTION NO. 86-94 AMENDING FISCAL YEAR 1994/95 BUDGET TO REFLECT SALARY ADJUSTMENTS A-4 ADDENDUM TO MEMORANDUM OF UNDERSTANDING BETWEEN THE MORRO BAY FIREFIGHTERS ASSOCIATION AND THE CITY OF MORRO BAY A-5 AMENDMENT TO CITY MISSION STATEMENT A-6 RESOLUTION NO. 84-94 AMENDING MORRO BAY CONFLICT OF INTEREST CODE A-7 APPOINTMENT OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES CONFERENCE A-8 REJECTION OF CLAIM AGAINST THE CITY (ANDERSON) A-9 PROCLAMATION DECLARING SEPTEMBER 19-25, 1994 AS "POLLUTION PREVENTION WEEK" A-10 PROCLAMATION DECLARING SEPTEMBER 11-17, 1994 AS "NATIONAL RESIDENTIAL CARE AND ASSISTED LIVING FACILITY WEEK" B. UNFINISHED BUSINESS - NONE C. NEW BUSINESS - NONE PUBLIC HEARINGS. REPORTS & APPEARANCES * 1 DISCUSSION OF TROLLEY POLICY D-2 CONSIDERATION TO PARTICIPATE IN NACIMIENTO WATER SUPPLY PROJECT - (RESOLUTION NO. 85-94) D-3 REVIEW OF MODIFICATIONS OF THE AMENDMENTS TO THE VISUAL RESOURCES AND SCENIC HIGHWAY ELEMENT OF THE GENERAL PLAN, AND TO THE LOCAL COASTAL PROGRAM LAND USE PLAN APPROVED ON JUNE 17, 1992. THE AMENDMENTS SET NEW CRITERIA LIMITING DEVELOPMENT ON RIDGE -LINES AND SLOPES IN UNDEVELOPED SCENIC AREAS OF THE CITY. (CEQA DETERMINATION: EXEMPT AS A FUNCTIONAL EQUIVALENT OF AN EIR UNDER CEQA LCP REGULATIONS) - (RESOLUTION NO. 87-94) F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE • ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 2 E • 0 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - SEPTE14BER 12, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: ABSENT: STAFF CLOSED SESSION Mayor Yates Colby Crotzer Ben Luna Susan Mullen Ahnawake Unger None Dave Howell David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Luna moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 5:15 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None 11 • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1994 PAGE 2 STAFF: Dave Howell David Hunt Bill Boucher Bridgett Davis Don Funk Rudy Hernandez Jeff Jones Andrea Lueker City Administrator City Attorney Public Works Director City Clerk Community Development Director Finance Director Fire Chief Recreation & Parks Director Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP George Leage presented the "Lighten Up" this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates presented a Certificate of Appreciation to Paul Donnelly for his participation on the Streets and Trees Committee from May 1989 to June 1994. Mayor Yates presented a Certificate of Appreciation to Morro Bay Police Department volunteer Odiel "Van" VanHeuver for his many hours and contributions to the Police Department. Mayor Yates made the following announcements: ♦ City Finance Director Rudy Hernandez has tendered his resignation, effective September 23, 1994 and recruitment for a new Finance Director is under way. ♦ The new Fire Department rescue vehicle has arrived. Chief Jones thanked the City for providing the vehicle and said it should be in service within two weeks. Mayor Yates invited Chief Jones to bring it to the next City Council meeting. ♦ The television show Rescue 911 was in town and Andrea Lueker filled in as "stunt -woman" and did a brilliant acting job as the victim and also was paid scale. ♦ Mayor Yates thanked Mary Leizear for helping City Clerk Bridgett Davis with the transcription of City Council minutes. ♦ Mayor Yates commended Dave Howell for taking over as City Administrator and accomplishing the task smoothly. • MINUTES _ MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1994 PAGE 3 ♦ Mayor Yates said that a miscommunication with Tri-W prevented the planned site tour and that the review of modifications on the Public Hearing agenda should be continued until Council has an opportunity to visit the site. Council scheduled a special meeting at 5:00 p.m. on Wednesday, September 21, 1994. Councilmember Mullen announced an Environmental Health Workshop is scheduled on September 29, 1994 in the Veterans Memorial Building. An open house will be held between 4:00 p.m. and 6:30 p.m., and presentations by ten various agencies and groups will be held between 7:00 p.m. and 8:30 p.m.. Councilmember Luna announced that GO (Gangs Out) is now setting up the Morro Bay chapter of the organization and stated volunteers are needed. � 4�Y Charles Palmer of Morro Bay stated the Fiscal Year 1994/95 budget is double and running in a deficit. He said Item A-4 on the Consent Calendar should be pulled and staff should come back with a breakdown on salary increases. Jo L. Merriman asked about the flagpole rehabilitation. Mayor Yates responded the flagpole will be a part of the Veterans Hall renovation in October. Bancroft Rohan represents the City of Morro Bay at the Citizens Advisory Committee on Transportation and the County of San Luis Obispo for the Regional Advisory for Transportation. She said the City has not been changing with the County in regards to transportation issues and recommended the City set up a Citizens Advisory Committee for Transportation in order to save money and provide more services. Ed McCracken recommended Council consider placing an open-air elevator near the Centennial Stairway in order to get people from the Embarcadero to the downtown area. Mayor Yates closed the hearing for public comment. DECLARATION OF FUTURE AGENDA ITEMS Mayor Yates requested an item be agendized to discuss an update on transportation to bring back to SLORTA. Councilmember Mullen requested an item be agendized on October 10, 1994 to discuss the Master Fee Schedule on building fees to include a tier -rate structure in lieu of a flat fee. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1994 PAGE 4 • A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF JULY 11, 1994, JULY 25, 1994, AND AUGUST 22, 1994; ADJOURNED MEETING OF AUGUST 24, 1994; AND SPECIAL MEETINGS OF AUGUST 3, 1994, AUGUST 16, 1994 AND AUGUST 17, 1994 Mr. Howell recommended Council approve the minutes for the Regular Meetings of July 11, 1994, July 25, 1994, and August 22, 1994; Adjourned Meeting of August 24, 1994; and Special Meetings of AUGUST 3, 1994, August 16, 1994 and August 17, 1994 as submitted. A-2 APPROVAL OF BID AWARD FOR AUDITING SERVICES Mr. Howell recommended Council approve the audit agreement with Butcher and Chambers, Certified Public Accountants, to perform the annual audit for the City of Morro Bay, and authorize the City Administrator to sign a three year audit agreement with an option to renew for an additional two years. • A-3 RESOLUTION NO. 86-94 AMENDING FISCAL YEAR 1994/95 BUDGET TO REFLECT SALARY ADJUSTMENTS Mr. Howell recommended Council approve Resolution No. 86-94 amending the Fiscal Year 1994/95 budget to reflect salary adjustments. A-4 ADDENDUM TO MEMORANDUM OF UNDERSTANDING BETWEEN THE MORRO BAY FIREFIGHTERS ASSOCIATION AND THE CITY OF MORRO BAY Mr. Howell recommended Council approve the Addendum to the Memorandum of Understanding between the Fire Fighters and the City of Morro Bay. A-5 AMENDMENT TO CITY MISSION STATEMENT Mr. Howell recommended Council adopt the Mission Statement as amended. A-6 RESOLUTION NO. 84-94 AMENDING MORRO BAY CONFLICT OF INTEREST CODE Mr. Howell recommended Council approve Resolution No. 84-94 adopting a revised Conflict of Interest Code and superseding resolutions in conflict therewith. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1994 PAGE 5 A-7 APPOINTMENT OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES CONFERENCE Mr. Howell recommended Council appoint a voting delegate for the League of California Cities Conference scheduled for October 23- 25, 1994. A-8 REJECTION OF CLAIM AGAINST THE CITY (ANDERSON) Mr. Howell recommended Council reject the claim for Dakota Anderson and authorize the City Clerk to send the appropriate rejection letter. A-9 PROCLAMATION DECLARING SEPTEMBER 19-25, 1994 AS "POLLUTION PREVENTION WEEK" Mr. Howell recommended Council adopt the proclamation declaring September 19-25, 1994 as "Pollution Prevention Week". A-10 PROCLAMATION DECLARING SEPTEMBER 11-17, 1994 AS "NATIONAL RESIDENTIAL CARE AND ASSISTED LIVING FACILITY WEEK" Mr. Howell recommended Council adopt the proclamation declaring September 11-17, 1994 as "National Residential Care and Assisted • Living Facility Week". Councilmember Mullen pulled Items A-1 and A-7 from the Consent Calendar, and Councilmember Luna pulled Item A-8. MOTION: Councilmember Luna moved Council approve the Consent Calendar with the exception of Items A-1, A-7, and A-8. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF JULY 11, 1994, JULY 25, 1994, AND AUGUST 22, 1994; ADJOURNED MEETING OF AUGUST 24, 1994; AND SPECIAL MEETINGS OF AUGUST 3, 1994, AUGUST 16, 1994 AND AUGUST 17, 1994 Councilmember Mullen requested minutes for the budget hearing workshops. Councilmember Crotzer requested corrections to the minutes of July 25, 1994 and asked that they return for approval at the September 26, 1994 City Council meeting. MOTION: Councilmember Crotzer moved Council approve the minutes of July 11, 1994, August 3, 1994, August 16, 1994, August 17, 1994, August 22, 1994, and August 24, 1994. The motion was seconded by Councilmember Mullen and • unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1994 PAGE 6 • A-7 APPOINTMENT OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES CONFERENCE Councilmember Mullen stated the budget has limited funding for travel expenses, and she believes seminars/workshops would be more valuable than attending the conference. Mayor Yates stated it is important that the City is represented at the conference. Councilmember Crotzer stated he has no desire to attend the conference. He said it is a matter of frustration for him that decisions are made at the state and federal levels, not at the local level. Councilmember Unger stated she has no desire to attend, but will support Mayor Yates as the City's voting delegate. Councilmember Luna stated this would be a good opportunity for the City Administrator to network with other city administrators from cities around the state. He said he would like to attend and offered to represent the City as a voting delegate at the conference. • MOTION: Mayor Yates moved Council attend the League of California Cities Conference in October 1994. The motion was seconded by Councilmember Unger and carried with Councilmember Crotzer and Councilmember Mullen voting no. (3-2) MOTION: Mayor Yates moved Council appoint Councilmember Luna as voting delegate at the League of California Cities Conference, and request the City Administrator attend the conference. The motion was seconded by Councilmember Unger and carried with Councilmember Mullen voting no. (4-1) Councilmember Luna referred back to the action regarding the League of California Cities Conference and stated he would not be able to attend the conference because that is a City Council meeting night and he will not miss a meeting. A-8 REJECTION OF CLAIM AGAINST THE CITY (ANDERSON) Councilmember Luna expressed concern with the racial allegations in this claim against the City. He asked if there are police reports on file in regard to this claim? City Administrator Dave Howell responded the incident has been documented by the Police Department. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1994 PAGE 7 • Councilmember Luna asked what the City was doing in regards to this issue and stated he hopes the City is doing everything in its power to put a stop to it. Mr. Howell responded that Mrs. Anderson is no longer a resident of the City. He said a thorough investigation was made and some of the issues had to do with problems with Mrs. Anderson's animals. Councilmember Luna asked how often this kind of racial hate crime goes on in Morro Bay. Mr. Howell responded Morro Bay was the first Police Department in the County to establish a hate crime policy as far as fully documenting and fully following up on hate crimes. He said there have been possibly three incidents in the last five or six years. Councilmember Luna was in favor of drawing up a reward system leading to the arrest of individuals committing such crimes. Councilmember Crotzer said it was reassuring that Mr. Howell could state the City was not responsible for Mrs. Anderson's allegations. City Attorney David Hunt stated his office is involved in this claim and has found no evidence to substantiate the City of Morro Bay or any of its employees have been involved in any type of • hate crime. Mayor Yates said that the charges do not seem consistent with the normal day-to-day reality of City employees. MOTION: Councilmember Luna moved Council approve Item A-8. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) B. UNFINISHED BUSINESS - None. C. NEW BUSINESS - None. D. PUBLIC HEARINGS, REPORTS & APPRABARCA9 City Administrator Dave Howell reviewed the trolley policy noting the trolley was purchased with parking in -lieu funds for the purpose of alleviating parking congestion in the Embarcadero area. Mr. Howell recommended Council discuss various alternatives and determine City policy regarding the use and rental of the trolley, priorities regarding any revenue, any action to be taken pursuant to a protest petition by some City merchants, and if a Trolley Advisory Committee is desirable. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1994 PAGE 8 • Councilmember Luna asked about the legality of renting or leasing the trolley to outside interests, since it was purchased through the parking in -lieu fund. City Attorney David Hunt responded he would have serious reservations if it was done without paying back the parking in -lieu fund. He said the utilization of the trolley must benefit the Embarcadero because that is what parking in -lieu fees were intended to do. Councilmember Luna stated more flexibility could be allowed if the debt amount were taken from the undesignated fund balance to pay off the parking in -lieu fund and transfer the debt to the undesignated fund balance. Councilmember Unger asked if the undesignated fund balance accrues interest at a certain rate as an interest account? Mr. Howell responded the undesignated fund balance and parking in - lieu funds both accrue interest. Councilmember Unger asked if the trolley was rented, would the insurance need to be re-examined? Mr. Howell responded it would be covered by Mayflower's insurance. Councilmember Mullen stated this is a pilot project and plans have not been made to continue the program after October 16, • 1994. She said if the money is taken out of the General Fund and the parking in -lieu fund is paid off, it would give the trolley more permanence. Councilmember Mullen stated she supports renting the trolley to outside agencies. Councilmember Crotzer stated the trolley can only be viewed as a preliminary trial program until it demonstrates that it is self- supporting and the contention over the fees can be resolved. He agreed that renting it out is a great idea if a legal way can be found. Councilmember Unger asked if the tokens went to all merchants or just those that paid the one-time fee? Mr. Boucher responded tokens were given to merchants that paid the fee and anyone can purchase them. Mr. Howell stated an opportunity has been gained from this trial period to study the ridership based on hours of operation. He said a policy committee could be appointed to oversee scheduling and recommend ways to make the operation more economically feasible to the City. Councilmember Unger asked about permanent signs? Mr. Boucher responded the signs will not be ready until late September. Councilmember Unger said she would like to see a trial period during the winter weekends because of various special events. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1994 PAGE 9 Mayor Yates agreed that the trolley should be kept running; Saturdays and Sundays would be most important. Mr. Boucher said that weekends between 11:00 a.m. and 4:00 p.m. are the busiest. Councilmember Unger asked about protests from merchants on Morro Bay Boulevard and Main Street who feel they are not benefitting from the trolley. Mr. Boucher responded the complaints he has received are from business owners on Main Street and Morro Bay Boulevard who do not see an increase in customers, and riders park in front of stores and then ride the trolley elsewhere. John Baker stated the trolley was supposed to distribute tourists between uptown and the Embarcadero, but it is his impression that Main Street is not benefitting from the trolley. Ann Freeman stated the trolley is a great addition to Morro Bay and hopes it will become a permanent service. She agrees that signs should be posted as to when it will appear at the stops. Bill Weintraub stated his support for the trolley. Council if he could rent the trolley in late October Mardi Gras and Jubilee celebrations in Pismo Beach. Jo L. Merriman stated the trolley did businesses, North Morro Bay, or the State Suedene Nelson of the Chamber of Commerce stated she has received mixed reviews on the trolley; there are retail businesses no more than two doors apart which are at opposite ends of the spectrum regarding benefits of the trolley. She said the Chamber of Commerce is attempting to find out what makes people get off the trolley and go into businesses, and what will make it work for everybody. Ms. Nelson stated tourists call the Chamber to say how much they like the trolley service. She said an advisory board should be organized to address issues at hand. Councilmember Mullen asked about advertising revenue? Ms. Nel responded special aluminum and paint have to be used on sig and the length of the process has hurt advertising revenue. Boucher said the staff report required aluminum, but that can changed. Yates closed the hearing to public comment and at 7:35 p.m.; the meeting resumed at 7:55 p.m.. Councilmember Luna stated he would like to see an ad committee started immediately to analyze issues and return Council with recommendations. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1994 PAGE 10 • Mayor Yates agreed and supported the formation of the committee immediately. He recommended appointing Bancroft Rohan as member - at -large. Councilmember Unger stated she would like the committee to address issues such as the payment of the one-time trolley fee, and the traffic flow problem. Councilmember Mullen stated she would like to see a broad representation of people on the committee. She said the committee may not have enough time to resolve all the issues, including the problem of outstanding fees. Councilmember Mullen stated her main concerns are parking and financial considerations; if she has to subsidize transit, she would prefer Dial -A -Ride. Councilmember Crotzer stated he does not see the trolley generating income for the City. He said forming a committee to deal with the issues within the time period involved will be difficult. Councilmember Luna stated the people who want to be on the committee should have a vested interest in the trolley, and the issues need to be looked at objectively. • Councilmember Mullen stated the merchants in opposition to the trolley should have representation on the committee. She recommended appointing six people with different views to serve on the committee; perhaps inviting John Baker, or the owners of the Queen's Closet to serve on the committee. Councilmember Luna stated too many people trying to address too many issues would not be helpful. He sees the committee looking at immediate issues, such as continuing beyond October 16, 1994. He does not see a large committee reviewing by-laws and other matters to be beneficial. Councilmember Luna stated this should be a temporary ad hoc committee that will analyze issues and make recommendations and conclude. He understands the necessity of support from merchants, but he does not want the committee haggling over a $25 fee. Councilmember Luna stated the time to protest the fee was months ago during public hearings, which were publicized and notices were hand -carried to all the businesses on the route. Councilmember Mullen stated complaints are related to loss of parking spaces and the fact that people are staying on the Embarcadero and not helping the downtown businesses. Mayor Yates stated the committee could invite people who were opposed as well as other members of the public. He agreed with • Councilmember Luna that creating a large committee will be counter -productive and will slow the process down. n LJ MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1994 PAGE 11 Mr. Howell stated staff is hoping Council will establish policy regarding outside rental or leasing. He said the committee can address issues such as scheduling, marketing, materials for signage, parking, stops, and interference with businesses. MOTION: Mayor Yates moved Council authorize the formation of a trolley committee to discuss issues relating to the operation of the trolley; the committee to consist of the appointment of Councilmember Luna, Chamber of Commerce Director Suedene Nelson, Public Works Director Bill Boucher, Ed Biaggini, and two members of the downtown business community to be determined. The motion was seconded by Councilmember Luna and carried with Councilmember Crotzer and Councilmember Mullen voting no. (3-2) Council agreed to choose Mickey Miller/Mary Tucker of the Queen's Closet and John Baker of Baker's Ice Cream Parlor to serve on the committee. Council requested staff contact these business people in writing; if they choose not to serve on the committee, then Ms. Nelson will submit alternate names. Councilmember Mullen asked how many businesses have not paid the • $25 fee? Mr. Howell responded there is $2,250 in outstanding fees due. Mr. Boucher said more bills will be sent to businesses within a block of the trolley route which will equate to another $1,500 - $1,600. Mayor Yates said to not enforce collection from all businesses would not be fair to the 100+ businesses that did pay. Councilmember Unger asked how enforcement can be accomplished? Mr. Howell responded it can be handled either through small claims, or it can be turned over to the City's collection agency. He clarified those merchants who paid the $25 fee received $10 in tokens which actually made the fee $15. MOTION: Councilmember Luna moved Council authorize staff to notify the protestors of the $25 fee in writing of the City's intent to go forward with the collection of such fee; the letter to include clarification that said fee is a one-time fee; and the letter to include an invitation to attend the ad -hoc committee meetings when they address the issues they have brought to the City Council's attention. The motion was seconded by Mayor Yates. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1994 PAGE 12 • Councilmember Unger said she would not support the motion because businesses should participate on a voluntary business. The motion carried with Councilmember Unger voting no. (4-1) MOTION: Councilmember Unger moved Council authorize the fund transfer from the undesignated fund balance into the parking in -lieu fee fund and designate a loan has been made to the trolley operation, and any revenues that go beyond the cost of operating and maintaining the trolley will be reimbursed to the undesignated fund balance, or in the event the City should decide the trolley is not a feasible operation to continue, upon sale of the trolley, those funds will be returned to the undesignated fund balance. The motion was seconded by Councilmember Luna and carried unanimously. (5-0) MOTION: Mayor Yates moved Council authorize when the parking in -lieu fund is paid back by the trolley loan from the General Fund, that fund be paid the prevailing interest rate for the period of time the loan occurred. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) • MOTION: Councilmember Luna moved Council discontinue the regular trolley service as of October 16, 1994; subsequent to that date, the City develop a policy to allow the renting and/or leasing of the trolley for special events; and, staff negotiate a rental/lease rate. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Council discussed the invoices that were not sent out to business owners; consensus was to send them out for collection with a letter explaining the fee. D-2 CONSIDERATION TO PARTICIPATE IN NACIMIENTO WATER SUPPLY PROJECT - (RESOLUTION NO. 85-94) Public Works Director Bill Boucher reviewed the invitation received from the San Luis Obispo County Engineering Department on August 8, 1994 to participate in the Nacimiento Water Supply Project. With the confirmation of City participation in the State Water Project, staff believes further participation in the Nacimiento Water Supply Project is economically unfeasible. Mr. Boucher recommended Council adopt Resolution No. 85-94 declining the invitation to participate. Mayor Yates opened the hearing for public comment; there were no • comments and the public hearing was closed. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1994 PAGE 13 • MOTION: Councilmember Luna moved Council approve Resolution No. 85-94 declining the invitation to participate in the Nacimiento Water Supply Project. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) D-3 REVIEW OF MODIFICATIONS OF THE AMENDMENTS TO THE VISUAL RESOURCES AND SCENIC HIGHWAY ELEMENT OF THE GENERAL PLAN, AND TO THE LOCAL COASTAL PROGRAM LAND USE PLAN APPROVED ON JUNE 17, 1992. THE AMENDMENTS SET NEW CRITERIA LIMITING DEVELOPMENT ON RIDGE -LINES AND SLOPES IN UNDEVELOPED SCENIC AREAS OF THE CITY. (CEQA DETERMINATION: EXEMPT AS A FUNCTIONAL EQUIVALENT OF AN EIR UNDER CEQA LCP REGULATIONS) - (RESOLUTION NO. 87-94) Mayor Yates stated Council had agreed to continue this item to the September 26, 1994 City Council meeting; however, Councilmember Luna wished to address the language at this time. Councilmember Luna referred to page 2, Section 1-D of the ordinance. He had made a recommendation that there be a clause stating that, where native plant species would not be effective, non-native plant species would be allowable. In Section 1-C in Section 2-E he noted a contradiction wherein Section C reads: • "No new land divisions shall be approved in the scenic viewshed area that do not contain adequate developable area outside the scenic viewshed", and Section 2-E, the second sentence reads: "The Planning Commission may permit projects on properties that have no usable area outside the scenic viewshed." He assumes that is referring to projects already subdivided. Mr. Funk responded the issue has to do with the Planning Commission allowing development in cases where a piece of property has no developable area outside of the area they are going to allow. The individual would be allowed to build on that property based on the Planning Commission's review. When property is subdivided, a new piece of property is created; 1-C says that if that is going to be done, then problems should not automatically be created that are suggested to be solved in 2-E. Councilmember Luna felt there should be a caveat or something in parentheses to add clarity saying that "the Planning Commission may permit projects (excluding those required land divisions) on properties that have no usable areas outside the scenic viewshed." He said that "existing parcels" still indicates that the Planning Commission may approve projects on existing parcels, which could include subdivided projects. Mr. Funk said they would clarify that. Mayor Yates opened the hearing for public comment; there were no • comments and the public hearing was closed. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1994 PAGE 14 • MOTION: Councilmember Unger moved Council continue discussion on the review of modifications of the amendments to the Visual Resources and Scenic Highway Element of the General Plan, and to the Local Coastal Program Land Use Plan to the September 26, 1994 City Council meeting. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) 0 MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 9:00 p.m. Recorded by: Bridgett Davis City Clerk • • 0 NOTICE OF S P E C 2 AL MEET 2 NG NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Wednesday, September 21, 1994 at 5:00 p.m. at the Tri-W property site adjacent to Highway One and at the Morro Bay Boulevard turn-off, Morro Bay, California. Council will be on -site to review the amendments to the Visual Resources and Scenic Highway Element of the General Plan, and to the Local Coastal Program Land Use Plan approved on June 17, 1992. The amendments set new criteria limiting development on ridge -lines and slopes in undeveloped scenic areas of the City. (CEQA Determination: Exempt as a functional equivalent of an EIR under • CEQA LCP regulations). Council will adjourn to a meeting with the Planning Commission at 6:00 p.m. at the Morro Bay Veterans Memorial Building, 209 Surf Street, Morro Bay, California. The City Council and Planning Commission will be reviewing the Morro Bay zoning ordinance. DATED: September 14, 1994 WILLIAM YATES, Mayp City of Morro Bay, alifornia n CITY OF MORRO BAY • MINUTES OF SPECIAL MEETING OF SEPTEMBER 8, 1994 CALL TO ORDER -- Mayor Yates called the meeting to order at 5:30 p.m. PRESENT: Mayor Yates, Councilmembers Crotzer, Mullen, and Luna City Administrator Dave Howell City Attorney Dave Hunt Public Works Director Bill Boucher Office Assistant Lynn Casassa PUBLIC COMMENTS -- None Mayor Yates introduced of the following items, each of which was reviewed briefly with no action taken on any item: A. CONSENT CALENDAR 1. Minutes of Quarterly JPA Meeting - June 29, 1994 2. Staff Subcommittee Reports a. June 15, 1994 (Agenda Item A-3 from 6/29/94) b. AquaGen Flash Distillation Test Program 3. WWTP Operations Status Report 4. Jointly -Owned Property Lease Management Status Report •B. UNFINISHED BUSINESS 1. Wastewater Treatment Plant Insurance a. Consideration of Indemnity Agreement Between the Cayucos Sanitary District and the City of Morro Bay (Tabled) b. Staff Subcommittee Report on Alternative Insurance Sources/Proposals 2. Staff Subcommittee Report on Alternative Insurance Sources/Proposals 3. Wastewater Treatment Plant Budget FY 94-95 a. Staff Subcommittee Report on Cost Allocations (FY 94-95 Budget) b. Subcommittee Report on Wastewater Treatment Plant Wage Scale and Certification Pay Issues C. Subcommittee Report on Wastewater Treatment Plant FY 94-95 Budget Issues d. Consideration of Final Budget FY 94-95 6:30-6:40 p.m. -- Motion by Crotzer; 2nd by Luna to adjourn to closed session. Following posting of agenda a pertinent matter regarding potential litigation arose and, pursuant to Government Code Section 54956(b)(1) "Significant Exposure to Litigation," the issue was reviewed with no action taken. ADJOURNMENT - 6:40 p.m. Motion by Crotzer; 2nd by Luna to adjourn to JPA meeting. Rps!p:ctll oY J Lyrilqasassa Office Assistant 11 0 LCICLYNN:SPECMIN • NOT 2 C E OIF S P EC = AL MEETING NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on September 7, 1994 at 5:15 p.m. at the Tri-W property site adjacent to Highway One and at the Morro Bay Boulevard turn-off, Morro Bay, California. Council will be on -site to review the amendments to the Visual Resources and Scenic Highway Element of the General Plan, and to the Local Coastal Program Land Use Plan approved on June 17, 1992. The amendments set new criteria limiting development on ridge -lines and slopes in undeveloped scenic areas of the City. (CEQA Determination: Exempt as a Functional Equivalent of an EIR under CEQA LCP Regulations) • DATED: September 2, 1994 WILLIAM YATES, a or City of Morro B California 11 i NOT I C E O F CANC ELLAT = ON O F MEET = NG NOTICE IS HEREBY GIVEN that the Morro Bay Municipal Code Ad -Hoc Committee will not be meeting on Thursday, August 25, 1994 and September 1, 1994. The Committee's meetings will resume on Thursday, September 8, 1994, Thursday, September 15, 1994, Thursday, September 22, 1994, and Thursday, September 29, 1994 at 7:00 p.m. in the Morro Bay Community Center Conference Room, 1001 Kennedy Way, Morro Bay, California to discuss the Morro Bay Municipal Code. DATED: August 22, 1994 46 BRIDGET DAVIS, City Clerk City of Morro Bay, California 16 • • MINUTES - MORRO BAY CITY COUNCIL ADJOURNED MEETING - AUGUST 24, 1994; 5:00 P.M. COMMUNITY CENTER MULTI -PURPOSE ROOM Mayor Yates called the meeting to order at 5:00 p.m. PRESENT: Mayor Yates Ben Luna Susan Mullen Ahnawake Unger ABSENT: Colby Crotzer STAFF: Dave Howell Sue Bonitz Bridgett Davis Andrea Lueker PUBLIC COMMENT Mayor Councilmember Councilmember Councilmember Councilmember City Administrator Assistant City Attorney City Clerk Recreation & Parks Director Charles Palmer addressed Council on the City budget. REVIEW OF BAYSHORE BLUFFS MAINTENANCE ASSESSMENT DISTRICT City Administrator Dave Howell presented the report to Council. Mayor Yates opened the hearing for public comment. Betty Webb, President of the Bayshore Bluff Homeowner's Association, stated it is unfair the homeowners provide a park for the City at their expense. She urged Council to approve the recommended option presented to the association by the City Administrator to pay $120 per unit per year for a ten year period and at that time the assessment district would be dissolved. Bill Walters, attorney for Bayshore Bluff Homeowner's Association, addressed the following concerns of the homeowners: ♦ There is no reply to the numerous accounting deficiencies. ♦ Instead of segregating the special assessments into distinct accounts as required by law and good accounting practice, those funds have been illegally commingled with the City's General Fund, so that it is now impossible to trace how those funds were used. All of the special assessments for the past three years will be subject to attack as an invalid tax, and not a properly administered special assessment. MINUTES - MORRO BAY CITY COUNCIL ADJOURNED MEETING - AUGUST 24, 1994; 5:00 P.M. PAGE 2 • ♦ Staff does not address the undeniable fact that the assessment includes items which the city's project conditions required the City to pay for. Planning Commission Resolution No. 16-81; Condition No. 8 states: "Specifically, those responsibilities shall be that the homeowner's association is responsible for all maintenance of the park with the exception of maintenance and cleaning of the restroom and parking lot areas, which will be maintained by the City." ♦ The Maintenance Agreement is very important in understanding the scope of the project conditions and the City's responsibility: "City shall, be responsible for maintenance and repairs of the restroom and parking lots, electricity, water use, sewer use, clean-up of the restroom and trash and debris pick up on the ground of the park." Paragraph 7 of the same agreement states: "City, at City's expense, shall provide the necessary water required by the association to maintain the • landscaping on the subject public park." Mr. Walter stated for three years the Bayshore Bluff Homeowner Association have paid for all of those expenses the City required itself to pay. ♦ Staff attempts to re -write the history of the formation of the Assessment District to give it the appearance of legitimacy. The three property owners who consented to the formation of the Assessment District were coerced into doing so by the City coercing the developer who would have dropped the project altogether. Those three property owners would have then been responsible for the maintenance of the association property, and the project left an unfinished "planned development wasteland". ♦ Staff suggests that the Department of Real Estate supported the formation of an assessment district since their intent was to place limits upon what might otherwise be uncontrolled maintenance costs. That intent is defeated by the history of these assessments which have proven to be entirely unlimited. Mr. Walters asked Council to reconsider what was previously assessed to Bayshore Bluff Homeowner's Association. • Don Farris, homeowner, stated he would like a fair and reasonable settlement. MINUTES - MORRO BAY CITY COUNCIL ADJOURNED MEETING - AUGUST 24, 1994; 5:00 P.M. PAGE 3 • Linda Thon, homeowner, stated she hopes Council will support their proposal for a fair and reasonable settlement. Bob Weasey, homeowner, stated his concern that there is no accounting of expenses. Hilda Heifetz, 140 Main Street, reviewed the history of the Bayshore Bluffs development. She said the General Plan and Coastal Commission required the water viewshed be preserved. Ms. Heifetz stated the park was a gift to the developer in order to add density to the development. She urged Council not to give up the authority to the park. Leabah Winter, 155 Sienna, stated the project was built with the idea that concessions had to be made. She said this is a precedence setting issue that could involve other projects (i.e. Cloisters and North Point Subdivision). 'Ms. Winter asked Council that the assessment be maintained by the City. Charles Palmer stated the City's budget reflecting salary increases is relative to the assessment increase. Terry Stitt, homeowner, stated the developer made concessions in • order to make money on the project; the homeowners are paying the price for the mismanagement of the park. Nancy Hillenberg, homeowner, stated she is a retired teacher on a fixed income and would like a compromise that will work for all. Betty Reed,'homeowner, stated she is also on a fixed income, and that 15% of the taxes she pays is going to parks which is excessive. Robert May, homeowner, stated he is upset with the tax assessment that has doubled since he has lived there. Marjorie Kessner, homeowner, also on a fixed income, stated $400 per year to maintain the park is excessive. Shirley Rock, homeowner, agreed with fellow homeowners that the assessment is unfair. Peter Nash, homeowner, stated it is not a fair and equitable assessment. Bill Dermody, property manager for Bayshore Bluffs, stated there should be alternatives to make this a win -win situation for the property owners and the City. He said it is unfair for those who have moorings in the bay to use the parking lot and restrooms. • Mayor Yates closed the hearing for public comment. MINUTES - MORRO BAY CITY COUNCIL ADJOURNED MEETING - AUGUST 24, 1994; 5:00 P.M. PAGE 4 46 The meeting adjourned to Closed Session at 5:42 p.m. and returned to regular session at 7:00 p.m. MOTION: Mayor Yates moved Council reduce the assessment by 50% ($14,336) for this fiscal year based upon a signing of an express agreement with Bayshore Bluff Homeowner Association not to litigate this matter to be received by the City no later than Friday, August 26, 1994 at 12:00 p.m. which is the deadline with the San Luis Obispo County Assessor. If the agreement is not received by this time, the original assessment will stand. The motion was seconded by Councilmember Luna. Mr. Walters requested that there become a separate accounting of this assessment. He stated on behalf of Bayshore Bluff Homeowners Association, he is authorized to accept Council's proposal. Mayor Yates stated this agreement is for this fiscal year only and this Council cannot bind future Councils. Councilmember Unger stated the agreement will provide a "bare bones" maintenance of the park with a real time accounting which could prove to cost either more or less to maintain the park. . Councilmember Luna stated the real time accounting this fiscal year is extremely important. Councilmember Mullen stated this is the best compromise between the homeowner association and the City. She said it is extremely important to have real time accounting and have accountability that the homeowners can have access to. VOTE: The motion was unanimously carried. (4-0) F. MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) The meeting adjourned at 7:07 p.m. Recorded by: Bridgett Davis City Clerk 0 6 NOT I C E O F ADJOURNS D MEET 2 NG NOTICE IS HEREBY GIVEN that the Morro Bay City Council adjourned from its regular meeting of Monday, August 22, 1994 to Wednesday, August 24, 1994 at 5:00 p.m. in the Morro Bay Community Center Multi -Purpose Room, 1001 Kennedy Way, Morro Bay, California to consider the following: ♦ REVIEW OF BAYSHORE BLUFFS PARK MAINTENANCE ASSESSMENT DISTRICT DATED: August 23, 1994 • WILLIAM YATES, M y r City of Morro Ba California • City of Morro Bay City Council Agenda Mission Statement The City of Mono Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - AUGUST 22, 1994; 5:00 P.M. CLOSED SESSION - AUGUST 22, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956(B)(1), SIGNIFICANT EXPOSURE TO LITIGATION ♦ Significant exposure to litigation exists based upon existing facts and the advise of legal counsel as to one matter E-2 GOVERNMENT CODE SECTION 54957, PERSONNEL ♦ Discussions regarding potential discipline of one City employee PUBLIC SESSION - AUGUST 22, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA 6bLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF JUNE 13, 1994 AND JUNE 27, 1994 A-2 STATEMENT OF CASH AND INVESTMENTS - JULY 1994 A-3 EXPENDITURE REPORT - JULY 1994 4 WATER SUPPLY STATUS REPORT 1 0-5 PROCLAMATION DECLARING SEPTEMBER 11, 1994 AS "MORRO BAY ESTUARY DAY" A-6 ADDENDUM TO MEMORANDUM OF UNDERSTANDING BETWEEN CITY AND EMPLOYEE UNITS A-7 RESOLUTION NO. 79-94 APPOINTING STEVEN J. SYLVESTER, P.E., AS CITY ENGINEER A-8 RESOLUTION NO. 80-94 RESTRICTING PARKING AT CITY PARKS B. UNFINISHED BUSINESS B-1 RESOLUTION NO. 77-94 ADOPTING FINDINGS SUPPORTING THE DETERMINATION OF THE CODE ENFORCEMENT OFFICER AND CHIEF BUILDING OFFICIAL REGARDING 2970 GREENWOOD; APPLICANT - HOLINBECK B-2 CONSIDERATION OF OPTION TO PURCHASE ADDITIONAL STATE WATER C. NEW BUSINESS C-1 APPOINTMENT OF CITY REPRESENTATIVE TO WASTE MANAGEMENT BOARD C-2 RESOLUTION NO. 76-94 AMENDING THE CITY TRAVEL POLICY; AND RESOLUTION NO. 74-94 ESTABLISHING NEW PER DIEM RATES 46, PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 REVIEW OF BAYSHORE BLUFFS PARK MAINTENANCE ASSESSMENT DISTRICT D-2 REVIEW AND APPROVAL OF GRANTEE PERFORMANCE REPORT FOR SEAFOOD PROCESSING INDUSTRY D-3 RESOLUTION NO. 82-94 CONSIDERATION AND ADOPTION OF SOURCE REDUCTION AND RECYCLING ELEMENT D-4 RESOLUTION NO. 78-94 REVIEW OF HOUSING ELEMENT UPDATE; GPA 02-92 F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE • ACCESSIBILITY TO THE MEETING. ON • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - AUGUST 22, 1994 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: Mayor Yates Mayor Ben Luna Councilmember Ahnawake Unger Councilmember ABSENT: Colby Crotzer Councilmember Susan Mullen Councilmember STAFF: Dave Howell City Administrator David Hunt City Attorney CLOSED SESSION MOTION: Councilmember Luna moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Unger and unanimously carried. (3-0) Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 5:15 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Luna and unanimously carried. (3-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 22, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Mayor Yates Ben Luna Ahnawake Unger ABSENT: Colby Crotzer Susan Mullen n LJ Mayor Councilmember Councilmember Councilmember Councilmember 1 n U • • STAFF: Dave Howell David Hunt Rick Algert Bill Boucher Bridgett Davis Don Funk Rudy Hernandez Joe Loven Andrea Lueker City Administrator City Attorney Harbor Director Public Works Director City Clerk Community Development Director Finance Director Police Chief Recreation & Parks Director Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Harbor Director Rick Algert presented the "Lighten Up" this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates made the following announcements: ♦ The flag pole located at the Veterans Memorial Building will be refurbished; ♦ Sandal Makara has moved his vessel outside the City limits; ♦ No action will be taken on Item B-2 (State Water) this evening. Mayor Yates acknowledged the Fire Department personnel for their efforts in the recent fire. Mayor Yates also acknowledged City staff for their efforts in the Special Election. Councilmember Luna announced tokens are available for the trolley. PUBLIC COMMENT Mary Phillips addressed Council on putting ashes out for garbage pick up. Mr. Boucher stated City ordinance defines ash as rubbish and said he will contact Morro Bay Garbage on their determination. Mayor Yates asked Mr. Boucher to confirm this information to Mrs. Phillips in writing. Jo L. Merriman expressed his disappointment in the City not accepting the Achievement House bid for janitorial services. DECLARATION OF FUTURE AGENDA ITEMS There were no future agenda items requested by Council. rA • A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF JUNE 13, 1994 AND JUNE 27, 1994 Mr. Howell recommended Council approve the minutes of June 13, 1994 and June 27, 1994. A-2 STATEMENT OF CASH AND INVESTMENTS - JULY 1994 Mr. Howell recommended Council approve the Statement of Cash and Investments as submitted. A-3 EXPENDITURE REPORT - JULY 1994 Mr. Howell recommended Council approve the Expenditure Report as submitted. A-4 WATER SUPPLY STATUS REPORT Mr. Howell recommended Council approve the Water Supply Status Report as submitted. • A-5 PROCLAMATION DECLARING SEPTEMBER 11, 1994 AS "MORRO BAY ESTUARY DAY" • Mr. Howell recommended Council adopt the proclamation declaring September 11, 1994 as "Morro Bay Estuary Day". A-6 ADDENDUM TO MEMORANDUM OF UNDERSTANDING BETWEEN CITY AND EMPLOYEE UNITS Mr. Howell recommended Council approve the addendum to Memorandum of Understanding between the City and employee units. A-7 RESOLUTION NO. 79-94 APPOINTING STEVEN J. SYLVESTER, P.E., AS CITY ENGINEER Mr. Howell recommended Council approve Resolution No. 79-94 appointing Steven J. Sylvester, P.E. as City Engineer. A-8 RESOLUTION NO. 80-94 RESTRICTING PARKING AT CITY PARKS Mr. Howell recommended Council approve Resolution No. 80-94 restricting parking at City Parks. Mayor Yates pulled Item A-8 from the Consent Calendar. 191 • MOTION: Councilmember Unger moved Council approve the Consent Calendar with the exception of Item A-8. The motion was seconded by Councilmember Luna and unanimously carried. (3-0) A-8 RESOLUTION NO. 80-94 RESTRICTING PARKING AT CITY PARKS Mayor Yates asked if this resolution includes Tidelands Park? Public Works Director Bill Boucher clarified the boat launch ramp parking lot is not considered a park; and there are undeveloped Tidelands Park parking lots which is from the restroom north. He said the boat launch ramp is not included in this proposed resolution. Mayor Yates stated there may be an overflow of parking into the park during the peak fishing season. Harbor Director Rick Algert recommended excluding Tidelands Park from the resolution and if there is a problem it can be reconsidered; Council concurred. MOTION: Councilmember Luna moved Council approve Resolution No. 80-94 as amended to exclude Tidelands Park. The motion was seconded by Councilmember Unger and unanimously carried. (3-0) B. UNFINISHED BUSINESS B-1 RESOLUTION NO. 77-94 ADOPTING FINDINGS SUPPORTING THE • DETERMINATION OF THE CODE ENFORCEMENT OFFICER AND CHIEF BUILDING OFFICIAL REGARDING 2970 GREENWOOD; APPLICANT - HOLINBECK Community Development Director Don Funk introduced Resolution No. 77-94 for Council approval. MOTION: Councilmember Unger moved Council approve Resolution No. 77-94. The motion was seconded by Councilmember Luna and unanimously carried. (3-0) B-2 CONSIDERATION OF OPTION TO PURCHASE ADDITIONAL STATE WATER Public Works Director Bill Boucher addressed Council on the proposal made by the County of San Luis Obispo for the City to purchase a portion of their state water entitlement. He stated the concept is one means to increase the reliability that the community would not be as adversely impacted by reductions in water deliveries. Council concurred staff should conduct an analysis on this issue and bring it back to Council as a public hearing item on September 12, 1994. No action was taken on this item. • • C. NEW BUSINESS C-1 APPOINTMENT OF CITY REPRESENTATIVE TO WASTE MANAGEMENT BOARD Public Works Director Bill Boucher addressed Council on the appointment of a City representative to the Waste Management Board. MOTION: Councilmember Unger moved Council appoint Public Works Director Bill Boucher as the City representative to the Waste Management Board. The motion was seconded by Councilmember Luna and unanimously carried. (3-0) C-2 RESOLUTION NO. 76-94 AMENDING THE CITY TRAVEL POLICY; AND RESOLUTION NO. 74-94 ESTABLISHING NEW PER DIEM RATES City Administrator Dave Howell introduced the amendments to the City travel policy and requested Council approve Resolution No. 76-94 amending the City travel policy; and also approve Resolution No. 74-94 establishing new per diem rates. MOTION: Councilmember Luna moved Council approve Resolution No. 76-94 amending the City travel policy; and also approve Resolution No. 74-94 establishing new per diem rates. The motion was seconded by Councilmember Unger and • unanimously carried. (3-0) D. PUBLIC HEARINGS REPORTS & APPEARANCES • D-1 REVIEW OF BAYSHORE BLUFFS PARK MAINTENANCE ASSESSMENT DISTRICT This item was continued to a public hearing scheduled for August 24, 1994. D-2 REVIEW AND APPROVAL OF GRANTEE PERFORMANCE REPORT FOR SEAFOOD PROCESSING INDUSTRY Harbor Director Rick Algert reviewed the Grantee Performance Report for Seafood Processing Industry and recommended Council's approval. Mayor Yates opened the hearing for public comment, there were no comments and the public hearing was closed. MOTION: Councilmember Luna moved Council approve the Grantee Performance Report for Seafood Processing Industry. The motion was seconded by Councilmember Unger and unanimously carried. (3-0) 0 • D-3 RESOLUTION NO. 82-94 CONSIDERATION AND ADOPTION OF SOURCE REDUCTION AND RECYCLING ELEMENT Public Works Director Bill Boucher introduced the findings of the Source Reduction and Recycling Element, Household Hazardous Waste Element, Non -Disposal Facility Element, and the Environmental Impact Report for Source Reduction and Recycling Element and the Household Hazardous Waste Element. He stated State Law AB939 and subsequent amendments requires cities to draft and adopt certain documents regarding these solid waste management programs and recommended Council approve Resolution No. 82-94 adopting these findings. Mayor Yates opened the hearing for public comment. Mary Phillips addressed Council on hazardous waste. Mayor Yates closed the hearing for public comment. MOTION: Councilmember Luna moved Council approve Resolution No. 82-94 adopting the Source Reduction and Recycling Element, Household Hazardous Waste Element, Non - Disposal Facility Element, and the Environmental Impact Report for Source Reduction and Recycling Element and the Household Hazardous Waste Element. The motion was • seconded by Councilmember Unger and unanimously carried. (3-0) D-4 RESOLUTION NO. 78-94 REVIEW OF HOUSING ELEMENT UPDATE; GPA 02-92 Community Development Director Don Funk reviewed the amendments to the Housing Element of the General Plan which were approved by the Planning Commission on August 1, 1994 and recommended Council approve Resolution No. 78-94 approving these amendments. Mayor Yates opened the hearing for public comment. Mary Phillips addressed Council on the grandfather clause of illegal conversions. Mayor Yates closed the hearing for public comment. Council made the following amendments to the resolution and attachment "B": Finding #2 of the resolution 2. That the City Council does hereby approve Case No. GP 02-92 that amends the Housing Element as shown in Exhibit "A", including Attachments "A" (draft Housing Element), and "B" is (proposed changes), and ..... 3 • • • Attachment "B" Council removed the word "annually". MOTION: Councilmember Luna moved Council approve Resolution No. 78-94 as amended. The motion was seconded by Councilmember Unger and unanimously carried. (3-0) F. MOTION: Councilmember Unger moved The motion was seconded unanimously carried. (3-0) The meeting adjourned at 6:55 p.m. Recorded by: Bridgett Davis City Clerk the meeting be adjourned. by Councilmember Luna and 7 NOTICE OF MEETING NOTICE IS HEREBY GIVEN that the Morro Bay Municipal Code Ad -Hoc Committee is hereby called to be held on Thursday, August 11, 1994 at 7 p.m., and Thursday, August 18, 1994 at 7 p.m., at the Community Center Conference Room, 1001 Kennedy Way, Morro Bay, California. The Committee will be reviewing the Morro Bay Municipal Code. Dated: /gUGUJ7 S^� OIA" BRIDGETTedkVIS, City Clerk City of Morro Bay, California 0 1 J NOT = C E O F S P EC = AL MEET = NG J NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Wednesday, August 17, 1994 at 5:30 p.m. in the Morro Bay Community Center Multi -Purpose Room, 1001 Kennedy Way, Morro Bay, California to hold a Council/Staff Workshop. DATED: August 10, 1994 City of Morro Bay, C, J • E • • MINUTES OF COUNCIL/STAFF WORKSHOP HELD AUGUST 17, 1994, 5:30 PM AT THE COMMUNITY CENTER MULTI -PURPOSE ROOM. AGENDA CALL TO ORDER: 5:45 PM PRESENT: Mayor Yates, Council Members Mullen, Luna, Unger Staff: Howell, Hunt, Lueker, Loven, Funk, Jones, Algert, Hernandez. PUBLIC COMMENT: NONE STAFF REPORTS: I. CITY ATTORNEY Presented a written report of attorney/staff/council activity with percentage breakdowns as to time allocations. ACTION: Council received report and directed Attorney and Administrator to present a re -prioritization of levels of service by 9/12/94. II. COMMUNITY DEVELOPMENT DIRECTOR Presented a written report of status of various pending projects. ACTION: Council received report and divided items by priority; short 1-3 months, medium 3-6 months, and long 6-12 months. III. FINANCE DEPARTMENT DIRECTOR Presented written report of department activity and pending projects. ACTION: Council received report. Council requested written update on status of Mimosa refinance. IV. FIRE Fire Chief was excused due to "Hwy 41" fire. Council discussed importance of completing City Emergency Plan in timely manner. ACTION: Requested that Emergency Plan be completed as soon as practicable. • V. HARBOR DEPARTMENT DIRECTOR Presented written report of department activity and pending projects. Discussion re: gear storage yard, Front St. parking and Coleman, Rock restrooms. ACTION: Received report with established time lines. VI. POLICE DEPARTMENT Police Chief presented written update re: department personnel, projects and activity. ACTION: Council received report and requested that letters expressing City opposition to the continued elimination of State Park TOT also advocating legislation restoring same be sent to our elected officials. VII. RECREATION AND PARKS Presented written report on activity and projects. ACTION: Council accepted report. • VIII. PUBLIC WORKS DEPARTMENT Written report attached, no presentation made at this meeting. ACTION: none IX. WRAP UP ACTION: Council reaffirmed policy of answering mail in 10 days. Council requested owners/managers of vacation rentals be notified of TOT requirement. Council requested that these workshops be scheduled semi-annually. • 0 H_ O ,r11 u O n n V 1 0 P l O O M T b N m N W N O O M n p m n b w w o 0o M mm Mm-.m M o rvem m m m M M P 4:ORlpO�It: m b P P O O U O O O O O O O O N M M Q M MO b W n N W U N P n yl ION Mq.+mN Ono .� P O M w w 00O0000O0= Vl 1I1 P T w m O N N m O N N O m O Ol Ol O .iyj O O b�� N m N N N N ------------------- w w O O O O O O O O O O O m d�d�{JjJ N m n00�00 W On �q]M 10 P P m ry n M 4w,, W n m � c ti w w OOo0000o00 0 OT n m P bONO M IQOq' pOi M O O N n O O m o m w m P T W n v� n ,.Ivyyl]j{ w .N. w O O o 0 o O O o 0 o g o Ip m n M O P n P T M M m n W vy'i b .Ni -- N P •Or 0_pOpOpppp�0 W G P M 1+1 p Vl 1�1 b P W b M o a n �n a y w w •0000000000 0— M P M m N N P b n M .mi w N w 0 0 0 000000 0 C7 0 b NO W M OM P OC�C�]]VVM m ti W OMO O m O O O .. i O M .. n m M O � --------------- w w O O O O O O O O O O g 0 mmN O P P ON PnCC�C77iiP 01 b N N N O N N O O O N O V1 ry m O N ti O O w w O O O O O O O O O O O m P b O O N b O m P b m M F Tn00 N-�..i 0y M O M N W~ W m P U P 2 w — N O O O NTnn O O O O O O O O — O � — m a W D. MOtiO M OM OOOn 1b b m �p O� A N b m .ni Y m W w N W o p o 0 0 0 o O r v M v i P n M m N W IT: n b P M ry Vt M b m T O O O N Z m N q O n m O V N 0 ti Q Z w w ~ > 0000000000��(yyy _ O Q p iy 7 IO O ti.w nn0 W ON..i W O .na P OOO.y 000 r Irj Z M ti M 4W4 In b OV N Q` w N O O U w � w w Y � w F• C7 2ia A... w " • • O\O -----n Mb n yyi�n M O.OYYnnpin.w O�OmN MN+mMb V1�D O - - - - - - - - - - Q` V d' V mQNOnNON V bn.y Nbµm O M b 0 T N M b V1 b 6 n 0 m M N ti n Mm V -I O ti OO�M V1btin00 V'.+OtiNO�-I .yMN.+ O O O O O O O O O O O O O O O O O O O O CDo 0 a b tin M O r l b N V 1 N b Og b n n N V p O l m M nm O V a6 NO V ON V'NNnm q N mmND ", r-M r-1 N V 10 .ti 10 N N O O O O O O O O O O O O O O O O O O O O O CC- O MO N m0\bb M 00 b0 V O d' ObOlnOm V'�n W. O b 6 M V1 N M N N ^y�] m O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 O M O n O M m Y U 0 li U O O M M O O b m m M N O <UT1�O�1"i00 --------------- n 00 N N100bNN O N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 to O O. O n n M n N O V 1 0 0 m b N Y' O O m b ti M b N O n b m V' N 1+1 O ti M O O O P O O Vt .y M '1 Cml7 V1 T O O O O O O O O O O O O O O O O O O O O O ry O O b O n n Q y M O O M M M O ti O n n I` .+ O � d' G N V' O .y G V1 (G o O O o 0 o 0 0 0 o o O O O O o 0 0 o O o 0 ON T M000 M -1 OmN.+.r0000 1' NY M --------------------------------------- 0 000000000000000000000 0 V O O O N M O O O O b O O ti O O O m b O 006 �� V O n OOb 000 -1 OOOMb O m N N 0 0 0 0 00000000000000000 O li m T N b b 0 n 0 0 M M 0 0 0 0 0 0 V n O •y n S O N V1 m N O N 0 0 0 0 0 0 0 0 0 0 N N 0 O --- O 0c00000000ooOoo000000 m M b m b M O b O O M m 0 + 0 0 V O N T g OO v�N N N`p O N OOMOOti 0000 N n n O O O O O O O O O O O O O O O O O O O O O O O g O lyj V1 M �pNOOmOOMTN v� OOOOO\o OOjm 0 �n OO M W Y O. �d 0 G GOG�000 G 00 <�dO In O ^o V G o00000000000000000000 0. - N o N n mbm o Mn o Inn o.00000M c o a�ln U 00 ti N �.+00000-1 OOOOOOM ti Old o. Q b m W O O O O O O O O O O O O O O O O O O O O o _ O O n O O b- O n O 0 0\ M M O O O Y O b 0 ti M O N O O O b 0 n % O O F+ J O oM.. O o 0 InvooMMOMamboo.+o<m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O y l O ONO N V 1 0 0 0 0 0 0 0 0 M O O O O� I o b 0 0 M 7 M O V O i N N N Cu N O O d r 2 a IL �y J w F m r- O � W r 4 r; mN O 0co a w r w E w • LL LL U Z V yO F- ? w U p n � J_ E d m O z L 0 Oy E E m Q 0 C 0 C 0 0 0 0 C 0 0 0 w N N N O voj w • w w w w • • } m U V m T City of Morro Bay • 1993-94 Department Time Use R&P (3.7%) Pub.Work (10.4%) Admcn (33.3%) PW-WMP (7.0%) Police (1.6%) • Personnel (1.8%) Outcn (1.4%) v # Harbor (10.5%) HTy...µ Fire (1.5%) Finance (6.8%) Com.Dev. (21.8%) • 450.00 • 400.00 350.00 300.00 250.00 200.00 150.00 100.00 50.00 • 0.00 City of Morro Bay 1993-94 Total Hours by Department AdmcnCom.D Financ Fire Harbor Outcn Person Police PW-W Pub.W R&P Date 8/10/94 JENCKS & HUNT Time 7:42 am Reference Listing Page 1 Selection criteria: Client :CMBCTY.ADMCN :CMBCTY.CDD :CMBCTY.FIN :CMBCTY.FIRE :CMBCTY.HARBOR :CMBCTY.OUTCN :CMBCTY.PERS :CMBCTY.POLICE • :CMBCTY.PW :CMBCTY.PW-WMP :CMBCTY.R&P :CMBCTY.RDA :CMBLIT.000 :CMBLIT.ADI :CMBLIT.ANDERSON:CMBLIT.BUNNELL :CMBLIT.CDSI :CMBLIT.DAVIS :CMBLIT.DURAN :CMBLIT.GASTIN :CMBLIT.GEOBRPTC:CMBLIT.HAYASHI :CMBLIT.HHIBK :CMBLIT.HUTBRPTC :CMBLIT.MAKARA :CMBLIT.SULLIVAN:Cmblit.SWRCB Custom Fields :All #### Client nickname M Reference 40 CMBCTY.ADMCN 1 1. City Council General Matters. 2 2. Risk Management. 3 3. Outside Contracting Issues. 4 4. Mobile Home Rent Control. 5 5. SLO Council of Governments. 6 6. General Law Issues. 7 7. Grand Jury Investigations. 8 8. Amicus Brief and Matters. 9 9. Mary Phillips. 10 10. Property Acquisition. 11 11. Code Enforcement Issues. 12 12. Destination 2000. 13 13. Records Issues. 14 14. Initiative Measures. • 15 15. "Smoke Free" Ordinance. 44 CMBCTY.CDD 1 1. Com.Dev. General Issues. 2 2. Cloisters Project. 3 3. General Development Review. 4 4. Cypress Plaza/Halferty. 5 5. Permitting Issues. 6 6. California Coastal Act. 7 7. Parking Issues. 8 8. Tri-W Development Issues. 9 9. Code Enforcement Issues. 10 10. Hillside Regulations. 11 11. 2040 Ironwood (Price). 12 12. Housing Issues. 13 13. Sign Ordinance and Enforcement. 14 14. Water Equivalency/Waiting List. 15 15. Outside Contracting Issues. 16 16. Water Front Master Plan. 17 17. Redevelopment Issues. 18 18. Private Tree Ordinance. 19 19. Zoning Ordinance. 20 20. North Point Development. • Date 8/10/94 JENCKS 6 HUNT Time 7:42 am Reference Listing Page 2 #### Client nickname ### Reference 44 CMBCTY.CDD 4• CMBCTY.FIN 1 1. Finance Dept. General Issues. 2 2. Desal Plant Financing.' 3 3. Water Rates Issues. 4 4. Personal Property Leasing. 5 5. Taxation Issues. 6 6. Outside Contracting Issues. 7 7. Leage/Harbor House Inn Bankruptcy. 8 8. Risk Management. 9 9. Facade Improvement Program. 10 10. Public Utilities Matters. 52 CMBCTY.FIRE 1 1. Fire Dept. General Issues. 2 2. HazMat Agreement. 3 3. Liability Claims. 4 4. Enforcement Issues. 5 5. Outside Contracting Issues. 6 6. Impact Fee Issues. 7 7. Risk Mangagement. 50 CMBCTY.HARBOR 1 1. Harbor General Issues. 2 2. Live Aboard Ordinance and issues. 3 3. Lease Site Issues. 4 4. Tideland Trust Issues. 5 5. Harbor Risk Management. • 6 6. Harbor Entrance Issues. 7 7. Liability Claims. 8 8. Outside Contracting Issues. 9 9. "Big Mama" (February 14, 1993). 10 10. Anchor Memorial. 69 CMBCTY.OUTCN 1 1. Monitor Outside Counsel. 2 2. Norton v. Napper. 3 3. Morro Bay v. Price. 48 CMBCTY.PERS 1 1. Personnel Office General Matters 2 2. Vaction Issues. 3 3. Oden v. P.E.R.S. 4 4. Management Contracts. 5 5. Employee Discipline Issues. 51 CMBCTY.POLICE 1 1. Police Dept. General Issues. 2 2. Code Enforcement Issues. 3 3. Liability Claims. 4 4. Personnel Issues. 5 5. Animal Control Matters. 6 6. Records Issues. • Date 8/10/94 JENCKS & HUNT Time 7:42 am Reference Listing Page 3 ###)# Client nickname ### Reference CMBCTY.POLICE CMBCTY.PW 53 CMBCTY.PW-WMP 4 CMBCTY.R&P 163 CMBLIT.BUNNELL 130 CMBLIT.CDSI 41 CMBLIT.DAVIS 162 CMBLIT.DURAN 1 1. Public Works Dept General Issues. 2 2. Desalination Plant 3 3. Code Enforcement Issues. 4 4. Lake Naciemento Project. 5 5. Water Treatment Plant 6 6. Waste Water Treatment Plant. 7 7. General Water Issues. 8 8. Mimosa Assessment Dist. 9 9. Solid Waste Management. 10 10. Liability Claims. 11 11. Personnel Issues. 12 12. Cable Franchise Issues. 13 13. Tree Ordinance. 14 14. Risk Management. 15 15. Transportation Issues. 16 16. State Water Project. 17 17. Water Rights Applications. 18 18. Outside Contracting Issues. 19 19. Development Condition Review 1 1. Water Management Plan General Mtrs. 2 2. State Water Issues. 3 3. Desalination Plant Issues. 1 1. Rec. & Parks Dept General Issues. 2 2. Tidelands Park re CDSI. 3 3. Acheivement House Custodial Agmt. 4 4. Bayshore Bluffs Park. 5 5. ADA Compliance Issues. 6 6. Outside Contracting. 7 7. Development Condition Review. 8 8. Risk Management. 9 9. Development Condition Review 10 10. Liability Claims. 1 1. Morro Bay v. Bunnell (DRH/MLC). 1 1. CDSI v. City of Morro Bay. 1 1. City of Morro Bay v. Davis. 1 1. People v. Joseph Duran (EJP/DRH). Date 8/10/94 JENCKS 6 HUNT Time 7:42 am Reference Listing Page 4 #### Client nickname ### Reference 165 CMBLIT.GEOBRPTC 1 1. George Bankruptcy 10 CMBLIT.HHIBK 166 CMBLIT.HUTBRPTC 167 CMBLIT.MAKARA 66 CMBLIT.SULLIVAN 170 Cmblit.SWRCB • • 1 1. George Leage Bankrutcy (DRH/SMB). 1 1. Harbor Hut Bankruptcy 1 1. People v. Makara (DRH/MLC). 1 1. Sullivan v. Morro Bay (DRH/SMB). 1 1. Morro Bay v. SWRCB (DRH/MLC).' n u TO: Honorable Mayor and City Council FROM: Community Development Director. DATE: August 17,1994 SUBJECT: Status Report on the following Planning Related Projects: Waterfront Master Plan Parking Management Plan Housing Element Revised Street Tree List Sign Ordinance Update Subdivision Ordinance Update Update Waterfront Zones Capital Improvement Plan Seismic Safety Element Update Update of Muni Code Sec. 13.20 Definition of Infill SUMMARY: Zoning Ordinance and GP/LCP Amendments Hillside Regulations Building Regulation Streamlining Private Tree Removal Regulation Changes Potential Redevelopment Agency Grading, Geology and Erosion Control Ord. Master Facilities Plan Lot merger Ordinance a I Building Bulk and Scale Policies Quintana/Morro Bay Blvd. Intersection Review Waterfront Master Plan: The Waterfront Master Plan is still undergoing hearings with the Planning Commission. They are currently reviewing the proposed design guidelines and planned uses for the "Den Dulls" property. The next Planning Commission hearing is scheduled for a special meeting on August 29th. The Waterfront Plan should be ready to present to the City Council by the end of the summer. Zoning Ordinance and GPILCP Amendments: The Planning Commission recently completed their review of the Zoning Ordinance and General Plan / Local Coastal Plan Amendments. Staff is in the process of inputting the Planning Commission recommendations to begin the Council review. The Council hearings on the draft amendments are currently being conducted Parking Management Plan: The Parking Management Plan is still undergoing hearings with the Planning Commission. The next hearings will be scheduled immediately after the Commission completes their review of the revised Housing Element. Hearings are anticipated to begin again on August 29th at a special Planning Commission meeting. Staff is already working on the Embarcadero Parking Lot (also known as the Front Street Parking Lot). Hillside Regulations: The Planning Commission recently completed their review of the revised Hillside Regulations. The regulations are scheduled for public hearing at the September 12th Council meeting. — Housing Element: The revised draft of this very important document has been recently completed by staff. The new draft Housing Element has twm reviewed by the State Department of Housing and • Community Development. The Planning Commission approved the amended Housing Element on August I st. It is scheduled for Public Hearings with the City Council on August 22nd. •Building Regulation Streamlining: The Staff Task Force has recently completed the Streamlining Report. The report has been distributed to the Council and was discussed as a public hearing on August 8th. Further meetings are now being scheduled and the committee is being expanded to include local builders and architects. Revised Street Tree List: The Planning Commission recently completed review and approval of a new street tree list. That list was approved by the City Council on July 25th. Staff will work with the Streets and Trees Committee to prepare a program for the use of the approved trees on various streets in Morro Bay. Private Tree Removal Regulation Changes: The Private Tree Removal Regulations are still undergoing hearings with the Planning Commission. Once completed, those regulations will be presented to the City Council for approval. It is anticipated that these regulations will be ready for Council review by the end of the summer. Sign Ordinance Update: Staff is working with the Chamber of Commerce to prepare new Sign Regulations. A draft of the new regulations is projected to be ready for public review by Spring, Potential Redevelopment Agency: The RDA Task Force is still reviewing the potential for a Redevelopment Agency in the City of Morro Bay. Their findings will be presented to the City Council in September. Subdivision Ordinance Update: This ordinance is in need of major revision. Staff has projected to begin the amendments in early 1995.. •Grading, Geology and Erosion Control Ordinance: There is an urgent need for grading and erosion controls. Due to other commitments, staff will not be able to begin work on this ordinance until early 1995. Staff has projected to begin the amendments in early 1995. Update Waterfront Zones: Once the Waterfront Plan has been completed, staff will begin preparation of the amendments to the zones which are contained within the Waterfront area. Master Facilities Plan: The last comprehensive Master Facilities Plan was completed by the City in 1966. (No one would ever know!) Capital Improvement .Plan: The City needs a phasing plan for the construction of new and upgraded public facilities. The Capital Improvement Plan will identify a schedule and funding mechanisms for the development of future facilities. Lot Merger Ordinance: Staff expects to begin preparation of a Lot Merger Ordinance in combination with the new proposed Subdivision Ordinance. Seismic Safety Element Update: The County has indicated that it will begin preparation of an update of the Seismic Safety Element and Safety Element during 1994-95 fiscal year. The City is expected to be asked to help fund the preparation and, in return, the County consultants would provide a revised draft element for adoption by the City. Update of Muni Code Sec. 13.20: Many of the Retrofit regulations are in need of update to _ include the recent decisions made regarding the Water Management Plan. This is a big project and is not anticipated to begin until late 1995. • Building Bulk and Scale Poi.cies: The Planning Commission has indicated that there is a need to review the existing bulk and scale regulations in order to make decisions regarding new construction more fair to both the builder and the neighbors. • Definition of Infill: The definition of infill is due to be re-examined after the certification of the Water Management Plan. QuintanalMorro Bay Blvd. Intersection Review: The Planning Commission has indicated a desire to review the proposals for the Quintana Road / Morro Bay blvd. intersection before they are engineered. • MEMORANDUM TO: HONORABLE M4Y,OR AND CITY COUNCIL FROM: Rudy Hernande , iinance Director DATE: August 17, 1994 SUBJECT: STAFF ASSIGNMENTS 1. IN PROCESS A. Annual Audits 1. Independent Citywide Audit 2. Transportation Development Act (T.D.A.) 3. Morro Bay-Cayucos JPA Audit B. Summary of Major Work in Annual Audits 1. Compliance testing of accounts payable, payroll, cash, receivables and compliance with grant funding 2. Preparation of year-end financial statements on the accrual basis (recognition of revenue earned and expenses incurred regardless of when cash is received or paid) 3. Make recommendations for improving our finance operations C. RFP for Audit Services Anticipated schedule for proposal review and contract award: 1. Issue RFP 8/4/94 2. Deadline for RFP Proposals 8/26/94 3. Complete Proposal Evaluation 9/1/94 4. Finalize staff recommendation 9/2/94 5. Council award contract 9/12/94 • Page 2 Objectives 1. Obtain Audit Services at a lower cost (past year cost $18,700). 2. Have different auditor examine accounting records. Current auditor has been city auditor for past 13 years. D. RFP for Accounting Software and Hardware (Finance Portion Only). Anticipated schedule for proposal review and contract award: 1. Issue RFP 8/31/94 2. Deadline for RFP 9/30/94 3. Complete proposal evaluation 10/3/94-10/7/94 Staff will require that the top three (3) bidders provide on -site demonstrations or make arrangements to allow City staff to conduct on - site visits to other cities who are currently using the accounting system. A review committee is yet to be determined. • 4. Finalize staff recommendation 10/10/94-10/14/94 5. Council award contract 10/24/94 6. Staff begins implementing new 10/25/94-12/31/94 accounting system 7. New accounting system goes on-line 1/3/95 Advantages - 1995 W-2's will reflect the entire calendar year. No transfer of payroll cost between calendar years required. Accounts Payable - 1995 1099's will reflect the entire calendar year. No transfer of vendor cost between calendar years required. E. AB 1600 Study Staff is currently in the process of reviewing the Draft Report dated February 28, 1992. Assuming no major changes are required, AB 1600 final copy should be completed by mid -September 1994. Note, according to David M. Griffith (consultants preparing the report), this long delay has been caused by the dollar amount needed to be included for the State Water Project. 49 • Page 3 F. Community Center Refinancing Project Staff is currently in the process of completing the forms required to finalize the refinancing documents. Annual savings will be $8,117 instead of the $10,808.79 previously estimated. MEMORANDUM • TO:. CITY ADMINISTRATOR DATE: 6/30/94 SUBJECT: FY 93-94 STATUS REPORT AND FY 94-95 GOALS Dave, around this time for the past four years I have provided the City Administrator a list of suggested goals for the next year. Here goes this edition: SUGGESTED GOALS FOR FY 94-95 1. NEW PATROL BOAT: Monitor every step of construction and have new boat in service by 12-31-94. 2. ENTRANCE IMPROVEMENT PROJECT: Council approval ofPCA, oversee Corps bid process and prepare to dig in summer of 95. 3. MAINTENANCE DREDGING: Coordinate maintenance project with new construction project. • 4. TIDELANDS PARK REST ZOOM REHAB: Complete project by 12-31-94. rj 5. ANCHOR PARK MEMORIAL: Pursue direction from City Administrator/Council to resolve Fishermen's Memorial policy and trust fund account status — 6. CSD ISSUES: Negotiate Public Works yard leases with CSD staff and run through leases to execution by joint board. Complete lease management policy. 7. SANDAL: Resolve current stalemate by 7-1-95. S. NEW HPO POSITION: Revise job description, set new schedule, recruit for and fill new position. Extend hours of on -duty service through new schedule. 9. INTERIOR HARBOR DREDGING PROJECT: Commence permitting process, define project and complete design by end of fiscal year. S 10. REORGANIZE OFFICE DUTIES: Existing administration/lease duties and special in projects have overwhelmed the Director and Office Coordinator. Bring part -tune clerical help and allocate portion of Office Coordinator's time to special projects 11. SLIP RECONSTRUCTION PROJECT: Complete design in cooperation with Public Works, release bid, award bid and complete project by end of FY 94-95. E A:Aavw#1694-SGGAL 12. TIDELANDS PARK PHASE III: Assist Recreation and Parks with project through permitting, design and hopefiilly construction. 13. NEW HARBOR PATROL OFFICE DESIGN: Hire architect to complete concept plan and start permitting process, start working on grant or financing strategies. 14. NEW HARBOR MAINTENANCE FACILITY: Complete interior improvements including installation of phone, sewer and emergency generator. s 15. WATERFRONT ROCK MASTER PLAN: Assist Community Development and Council with review and adoption of plan. 16. EMBARCADERO PARKING PLANS: Work with Harbor Advisory Board subcommittee to initiate plan for parking improvements to be reviewed by Council in one form or another by end of FY 94-95. Assist Community Development with Front St. parking lot redesign and construction including relocation of existing Harbor Department maintenance yard. . L 17. BACK BAY: Coordinate City representation on management plan steering committee and monitor Fish & Game back bay lease issues. C 18. LEASES: Reneogtiate Morro Bay Marina lease, negotiate and shepherd through to Council execution new lease with Harbor Hut including construction of walkway improvements between GAFCO and Harbor Hut. Monitor Inn at Morro Bay redevelopment project and coordinate lease issues with various City Departments. Work with Attorney to protect City'S position in Harbor Center lease. • 19.. SEAFOOD PROCESSING INDUSTRY STUDY: Report to Council in October, 1994 on plans, pursue EDA eligibility and search for grant funds. s , 20. HARBOR BILLINGS AND COLLECTIONS: Initiate collection service when approved by City Attorney,. write off dead past due accounts. Continue aggressive collection program. 21. LEASE SECURITY DEPOSITS: Review lease site security deposits and propose Council approval of revised process. 22. PUBLIC AFFAIRS: Cosponsor Harbor Advisory Board/Recreation and Parks Commission night in October with Recreation and Parks. Continue active involvement in special events and community affairs for positive public relations and beneficial landlord/ tenant relations. as . e&2 r • 11 ACTION ITEM I:4*,TObR ,-i:T;iTe5:up) *:i:[0ice) AGENDANO. W-1 Date �' ZSs Action SUBJECT: JOINT CC/HAB MEETING - PROPOSED AGENDA SUBJECTS The City Council has requested the HAB submit a list of proposed agenda subjects for a joint meeting early in 1988. Members submitted individual lists and this item is now returned to you to narrow the proposed list for City Council consideration. Review of proposed agenda subjects submitted by the current HAB indicate interest in the following subjects for discussion at the joint meeting with the City Council: 1. Harbor Entrance Safety. 2. New Harbor Office. 3. Harbor Economic Report. 4. Protection and Enhancement of Commercial Fishing Industry. 5. Liveaboards - Morro Bay and Back Bay. 6. Work Areas for Fishing Fleet. 7. Vessel Haul -Out Facility. . 8. Development of Additional Slips/Bayshore Bluffs Area. 9: Dredging Back -Bay Channel. 10: Coleman Drive/Morro Rock Specific Plan. 11. Coleman Drive Revetment. 12. Coleman Drive and Morro Rock Picnic Areas. 13. Waterfront Restrooms.. 14. Review Harbor Regulations. 15. Promotion of Mariculture. 16. Sedimentation Build -Up of Bay. 17. Development of Environmental Research Center. 18. Parking/Camping Problems at Public Boat Launch Area. 19. Bike Path Development. 20. City Slip Rents. 21. General Waterfront Improvement. 22. Real Purpose of HAB. Past HAB and Harbor Commissions have expressed interest in the following additional items: 1. Harbor Master Plan. 2. Tenant Mix of Waterfront. 3. Tidelands Park Development. 4. Harbor Jurisdiction. 5. Lease Site 49 Development. 6. Study/Monitor/Mitigate Estuary and Wetlands. 7. Handicap Parking. 8. Harbor Vessel Capacity Study. • 9. South T-Pier Area Redevelopment Completion. 10. Parking Assessment District - Embarcadero. 11. Long/Short Term Dredging Needs. 12. Fishermen Cold -Storage. As can be seen, the interests suggested that the HAB discuss to a consensus as to the most presented to the City.Council agenda items. AD:kc • are extremely varied. It is the various topics and come important topics to be as proposed joint meeting • M E M O R A N D U M TO: City Council Dave Howell, Interim City Administrator FROM: Joe Loven, Interim Chief of Police DATE: August 10, 1994 SUBJECT: POLICE DEPARTMENT UPDATE Currently, the Police Department is not working on any projects that will require Council action over the next few months. However, the department has continued to move ahead with several projects and some internal changes. The following information is provided as a brief overview of what the department has been doing and where it's going with some of the changes. PERSONNEL CHANGES AND ADDITIONS Except for the remaining vacancy caused by Dave Howell, moving up to Interim City Administrator, the department has filled all full- time positions. We have also filled the part-time Crime Prevention Coordinator. Additionally, backgrounds are being completed on four • (4) Reserve Officers and one (1) Reserve Dispatcher. The Reserve Officer ranks were depleted by the hiring of two of our reserves as full-time officers. Recent hirings include: Sue Murphy - Actually hired on 4/25/94 as a full-time officer, Sue had been a Morro Bay Reserve Police Officer for about 2 years. She was previously employed as a supervisor (Sergeant) at Atascadero State Hospital. Sue is already well known to Morro Bay due to her prior reserve status and was the first Reserve Officer to fully complete the Field Training Program (480 hours) while employed full time at Atascadero Hospital. Ron Martinelli - Also hired full time from our Reserve ranks, Ron started working on 7/30/94. Ron has 18 years prior experience with the San Jose Police Department and is fluent in Spanish. Ron is also well known to the area for his instruction of Pepper Spray (OC) classes through the Morro Bay Neighborhood Watch. Ron is also a well known instructor in personal defense and has been a consultant/instructor to other agencies in the area of gangs. JoAnn Reddell - JoAnn has been hired for the part-time position of Crime Prevention Coordinator after having been active as a volunteer with the Neighborhood Watch over the past year. JoAnn is well known to Morro Bay and has been active in the past with Crime Prevention programs at the Sheriff's Office, Morro Bay Police, San Luis Obispo Crimestoppers, and was on the board of the San Luis Obispo County Juvenile Justice Commission. William Vaughn - Bill will be coming on board as a Level I Reserve • Officer. He was raised in the Morro Bay area and is a graduate of Morro Bay High. His parents still reside in the city. Bill has just moved back to the Morro Bay area after 6 years in the Army and 12 years with the Los Angeles Police Department. While with L.A.P.D., Bill was active in a community based project (Mad About Rising Crime) that he helped organize in the San Fernando Valley. William Kramer - Bill is a graduate of Chatsworth High School and recently put himself through the full basic Police Academy at Allan Hancock College. He currently resides in Paso Robles. Bill is also starting as a Level I Reserve Officer and is "new" to the law enforcement profession. Both Bill Vaughn and Bill Kramer have completed the necessary tests and background investigations to begin working as Reserves Officers by August 15th. Additional backgrounds are being done on two other Reserve Officer applicants and one Reserve Dispatcher. Hopefully these additional candidates will be on board within the next month. COMMUNITY RELATIONS The department has continued to expand it's community involvement with several programs being undertaken or expanded: • Mighborhood Watch - The second annual Neighborhood Watch program was held at the Vets Hall on August 11th. The program was expanded to be a "Public Safety Night" and included all agencies providing public safety to the city, including; Police, Fire, Harbor, U.S. Coast Guard, Calif. State Parks, and San Luis Ambulance. Neighborhood Watch has continued to grow with the very active participation of JoAnn Reddell as the Crime Prevention Coordinator. Operation KidCare - This program will be put on by the Police Department and sponsored by the Morro Bay Peace Officer Association. It involves a program developed by Polaroid Corporation where a "passport" type document is prepared with a photo and personal information on children that can be used as an emergency reference by the parents. The intent is to have a photo and personal information on your child readily available for law enforcement if needed. The department will be completing this program for both elementary schools at the beginning of the school year and will include all 600 students at both schools. The cost for the KidCare "kits" is being born by the Morro Bay Peace Officers Association with the personnel coming from the department and the school PTA's.. Community Oriented Policing - The department is in the process of formally implementing a program of Community Oriented Policing. Community Oriented Policing is more than just a "program" but a philosophy that the entire department must buy into and operate by. Community Oriented Policing is an approach to police work that . builds a strong working relationship between the police and the community in order to share responsibility for the quality of life and crime prevention in Morro Bay. The department currently has a team of four department members, representing supervisors to dispatchers, who are devising ideas to help implement Community Oriented Policing. A closer working relationship between patrol and Neighborhood Watch along with the KidCare project mentioned above are only a couple of the beginning projects. Bicycle/Embarcadero Patrol - the department is in the process of obtaining a second bike to create a two officer Bicycle Patrol Team. Currently one officer has been utilized on bike patrol on a limited basis due to staffing restrictions. However, with the new Reserve Officers. coming on, one will be used as the second officer, This will expand the use of Bike Patrol on the weekends and busy holidays on the Embarcadero and Downtown. The Bike Patrol Team will be used extensively during the Harbor Festival. Volunteer Program - The Senior Volunteers (Community Service Workers being the politically correct term) along with Neighborhood Watch have built a strong core of workers that have taken on numerous projects and on -going programs. They include: • Vehicle Abatement Program - over 150 abandoned cars have been towed or volunarily disposed of from both public and private property over the past two years. Graffiti Removal Program - ongoing removal of graffiti is done on a weekly basis with the results fairly evident around town. The moment graffiti is found, it's covered up or painted over. Vacation Patrol Check - this service, sponsored by Neighborhood Watch and performed by the Senior Volunteers, is done several days a week where residents on vacation are getting routine checks of their homes done while their away. Parking Surveys/Enforcement - with the high quality core of volunteers we have, a training program is in progress to allow these civilians to enforce parking regulations in the heavily travelled areas like the Embarcadero. They're currently working on a survey of the Embarcadero to help determine if time restrictions will ease some of the parking problems. Office of Traffic Safety Grant (OTS) - the department is in the final paperwork process of obtaining an OTS grant for expanded • traffic safety in speed enforcement, use of child restraints and bicycle helmets. The grant is for approximately $35,000.00 of equipment • including; a radar/speed display trailer, additional radar units, lap top computers, bicycle helmets, child restraint seats, and miscellaneous bicycle rodeo equipment. The traffic safety program will be aimed at both education and enforcement and include several programs at the elementary schools and a giveaway program of bike helmets and child restraint seats for needy families. The grant will be funded in September, with October through December allowed for equipment purchases. The actual traffic safety project begins on January 1st and runs for one year. INTERNAL ORGANIZATIONAL CHANGES Department Reorganization - several ideas are being worked on with the Interim City Administrator for some reorganization of duties and responsibilities within the department. Though all of the proposals have not been worked out, they will address the Department's goals of: Increasing the number of officers on the street, Maintaining safe/minimum staffing levels on each shift, Providing 24 hour supervisory accountability of all personnel to guarantee quality and consistency of • service, Expanding opportunities for career advancement, promotability, and decision making abilities at the Patrol Officer level. One of the changes that has been approved and negotiated with the Peace Officer Association will be the establishment of a Senior Officer or Corporal position. The position will be a promotional within the department, with the designated officers to be the department Field Training Officers, acting Watch Commanders in the absence of a Sergeant, and will be handling additional secondary assignments and responsibilities within the department. This position will also allow them to attend supervisory level training established by the California Commission on Peace Officer Standards and Training (P.O.S.T). MISCELLANEOUS PROJECTS Additional Funding Sources - the department is currently putting together a proposal to seek recovery of some of the city's costs for providing Public Safety to the State Parks. The proposal will address the costs of Police, Fire, and Harbor Department services to the State Parks and the continued impact and costs of those services. Reimbursement is bci,_6 • sought through collection of Transient Occupancy Taxes from ' the campgrounds which had been discontinued in the past. This approach should have little or no impact on their • strained budgets and be equitable to both the state and city. The proposal is being prepared with input from the affected departments and Finance. It will be forwarded to State Parks after review with the Interim City Administrator, hopefully, within the next two weeks. CONCLUSION The Police Department has always moved ahead with changing times and will continue to do so. Each change will hopefully add to the enhancement of this agency as a professional organization and to the betterment of the community. Sincerely, r.Q Joe ven, Interim Chief of Police • • CITY OF MORRO BAY DEPARTMENT OF PUBLIC WORKS MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY ADMINISTRATOR FROM: PUBLIC WORKS DIRECTOR t4 DATE: AUGUST 17, 1994 SUBJECT: CURRENT DEPARTMENT WORK TASKS State Water Project Develop and implement means through which to assure maximum deliveries of annual subscription (1313 AF) during periods of drought -related reductions. SLO County is currently pursuing sale of its unallocated subscriptions. As this is one option being considered for "insurance" it is anticipated recommendations will be forwarded for City Council consideration in September. Water Management Plan Is Coastal Commission consideration of "certification" of Plan scheduled for September meeting in Eureka. Attendance at meeting is planned. Non -Emergency Desal Permit Application has been submitted to Coastal Commission with no schedule as of yet for consideration. Attendance is planned. Discussions with PG&E regarding outfall agreement and amendment thereto needed subsequently. Main Street Bike Path Negotiations with PG&E underway for routing through Power Plant property. Preliminary engineering for Morro Creek crossing and remainder of project underway for approval of funding agency. Tentative construction scheduled for spring, 1995. Twin Bridges Replacement/South Bay Blvd Raising and Bike Lanes Twin Bridges EIR/S underway. Raising and Bike Lane design scheduled to commence winter 1994/95. Construction'of both projects tentatively scheduled to commence spring 1996. Atascadero Road Sewer Interceptor Preliminary engineering underway with design scheduled for completion winter/spring. Pacific Street Grind/Overlav • Project specifications to be completed end of August. Construction in October 1994. Please remember grinding operation is spectacularly noisy but short-term. 11 RECREATION AND PARRS CITY OF MORRO BAY M E M O R A N D U M TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: DAVE HOWELL, CITY ADMINISTRATOR FROM: DIRECTOR, RECREATION AND PARKS DATE: AUGUST 10, 1994 SUBJECT: FISCAL YEAR 1994-95 PROJECTS Below is a list and brief description of Recreation and Parks Department projects for FY 1994-95. CUSTODIAL SERVICE Initiate new custodial services contractor to clean City facilities/offices beginning mid -August, 1994. • TIDELANDS PHASE III In conjunction with the Harbor Department, follow through with design permitting and begin construction. RECREATION AND PARK ELEMENT Using data collected in 1992, write Chapter 4 - Implementation, which is needed to update the element. The current Recreation and Park Element was written in 1976. ADA - AMERICANS WITH DISABILITIES ACT Complete building surveys and provide a transition plan to City Council by January, 1995. MORRO BAY COMMUNITY FOUNDATION Promote information regarding the Foundation through an Ice Cream Social in September, 1994, Christmas Tree Donation in December, 1994 and Spaghetti Feed in March, 1995. LIGHT RETROFIT PROGRAM Working with P.G. & E. and Smith Mitchell Investment Group on finance aspect, then City Council will need to direct staff on desired scope of work. FY 1994-95 PROJECTS PAGE 2 PREVENTATIVE MAINTENANCE PROGRAM Continue to develop a Preventative Maintenance Program for City facilities. DEL MAR BASKETBALL COURT AND ROLLER HOCKEY RINK Initiate and complete Del Mar Park Master Plan revision process, design and begin construction of multi -use facility. VETERANS MEMORIAL BUILDING Complete refurbishment including roof and gutter, entry way, interior Council doors, exterior walkway lighting, patio and patio wall, exterior paint and parking lot overlay. Work to begin in October, 1994. ANNUAL REPORT Complete Recreation and Parks Annual Report for FY 1993-94 by November, 1994. • FRONT MOWER Award contract to low bidder for mower purchase in late August, 1994. COMMISSION/HOARD SOCIAL Plan a social in conjunction with the Harbor Department for all Commissions and Boards on Central Coast Cruises in October, 1994. u/w/ednin/94-95prj • RECREATION AND PARKS CITY OF MORRO BAY M E M O R A N D U M TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: DAVE HOWELL, CITY ADMINISTRATOR FROM: DIRECTOR, RECREATION AND PARKS DATE: AUGUST 10, 1994 SUBJECT: FISCAL YEAR 1994-95 PROJECTS Below is a list and brief description of Recreation and Parks Department projects for FY 1994-95. CUSTODIAL SERVICE Initiate new custodial services contract to clean City facilities/offices beginning mid -August, 1994. TIDELANDS PHASE III • In conjunction with the Harbor Department, follow through with design permitting and begin construction. RECREATION AND PARK ELEMENT Using data collected in 1992, write Chapter 4 - Implementation, which is needed to update the element. The current Recreation and Park Element was written in 1976. ADA - AMERICANS WITH DISABILITIES ACT Complete building surveys and provide a transition plan to City ✓ Council by January, 1995. MORRO BAY COMMUNITY FOUNDATION Promote information regarding the Foundation through an Ice Cream Social in September, 1994, Christmas Tree Donation in December, 1994 and Spaghetti Feed in March, 1995. LIGHT RETROFIT PROGRAM Working with P.G. & E. and Smith Mitchell Investment Group on finance aspect, then City Council will need to direct staff on desired scope of work. S FY 1994-95 PROJECIS PAGE 2 PREVENTATIVE MAINTENANCE PROGRAM Continue to develop a Preventative Maintenance Program for City facilities. DEL MAR BASKETBALL COURT AND ROLLER HOCKEY RINK Initiate and complete Del Mar Park Master Plan revision process, design and begin construction of multi -use facility. VETERANS MEMORIAL BUILDING Complete refurbishment including roof and gutter, entry way, interior Council doors, exterior walkway lighting, patio and patio wall, exterior paint and parking lot overlay. Work to begin in October, 1994. /=� pvc. ANNUAL REPORT Complete Recreation and Parks Annual Report for FY 1993-94 by November, 1994. • FRONT MOWER Award contract to low bidder for mower purchase in late August, 1994. COMMISSION/BOARD SOCIAL Plan a social in conjunction with the Harbor Department for all Commissions and Boards on Central Coast Cruises in October, 1994. u/w/adnin/94-95prj p nj¢ S UJ ,7-D t.,2 ^ — T. �''`-ST't-4 I'��2.0 cz ✓L.'M., N�--c�t T o-.ti, 0 NOT I C E O F S P EC S AL MEETING NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Tuesday, August 16, 1994 at 5:30 p.m. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California to discuss the following: I. Approve Resolution No. 81-94 reciting the fact of the Special Municipal Election held in the City of Morro Bay on the 9th day of August 1994; declaring the results thereof, and such other matters as are provided by law; and II. Reconsider previous Council request to San Luis Obispo County to postpone action on Phase II of the State Water Chorro Pipeline. • DATED: August 10, 1994 Y�1LL 11'll'L 11911:1J, L'aO � City of Morro Ba , C lifornia 0 • MINUTES OF SPECIAL MEETING OF AUGUST 16, 1994 CALL TO ORDER: Mayor Yates called the meeting to order at 5:40 PM PRESENT: Mayor Yates, Council Members Mullen and Luna City Administrator Howell PUBLIC COMMENT: None ITEM I. Approval of Re\ lution No 81-94 declaring the results of the Special Election f August 9, 1994 Motion by Mullen; 2nd. by Luna; to adopt Resolution No 81-94 Passed 3-0 • ITEM II. Reconsideration of previous Council action to stay work on Phase II of the Chorro State Water pipeline. Motion by Mullen; 2nd by Luna; to write a letter to San Luis Obispo County requesting that they rescind previous action pursuant to our request to delay construction on Phase II of the Chorro pipeline. Passed 3-0 Adjournment: Motion by Luna; 2nd by Mullen to adjourn. Passed 3-0 Meeting was adjourned at 5:50 PM 0 City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - AUGUST 8, 1994; 5:00 P.M. CLOSED SESSION - AUGUST 8, 1994 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54957, PERSONNEL ♦ Discussions regarding potential discipline of one City employee E-2 GOVERNMENT CODE SECTION 54956.8, REAL PROPERTY ♦ Instructing City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property E-3 GOVERNMENT CODE SECTION 54956.9(C), POSSIBLE INITIATION OF LITIGATION ♦ Discussion of potential initiation of litigation with legal counsel; one case. PUBLIC SESSION - AUGUST 8, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. • 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF JUNE 13, 1994 AND JUNE 27, 1994 - THIS ITEM HAS BEEN PULLED FROM THE AGENDA A-2 TERMINATION OF CITY ADMINISTRATOR CONTRACT -3 AWARD OF CUSTODIAL SERVICE CONTRACT; RP94-01 1 A-4 REJECTION OF LIABILITY CLAIM AGAINST CITY (SISLER) 0-5 REJECTION OF LIABILITY CLAIM AGAINST CITY (RHONE) B. UNFINISHED BUSINESS - NONE C. NEW BUSINESS C-1 RESOLUTION NO. 76-94 AMENDING THE CITY TRAVEL POLICY; AND RESOLUTION NO. 74-94 ESTABLISHING NEW PER DIEM RATES C-2 CONSIDERATION OF LATINO OUTREACH WORKSHOP D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 RESOLUTION NO. 75-94 ESTABLISHING COMMUNITY DEVELOPMENT AND POLICE DEPARTMENT FEE SCHEDULES FOR FISCAL YEAR 1994/95 D-2 STREAMLINING REPORT FROM STAFF COMMITTEE IDENTIFYING MEASURES BEING IMPLEMENTED TO STREAMLINE THE PERMIT PROCESS AND TO BETTER EDUCATE THE PUBLIC D-3 REVIEW OF MODIFICATIONS OF THE AMENDMENTS TO THE VISUAL RESOURCES AND SCENIC HIGHWAY ELEMENT OF THE GENERAL PLAN, AND TO THE LOCAL COASTAL PROGRAM LAND USE PLAN APPROVED ON JUNE 17, 1992. THE AMENDMENTS SET NEW CRITERIA LIMITING DEVELOPMENT 'ON RIDGE -LINES AND SLOPES IN • UNDEVELOPED SCENIC AREAS OF THE CITY. (CEQA DETERMINATION: EXEMPT AS A FUNCTIONAL EQUIVALENT OF AN EIR UNDER CEQA LCP REGULATIONS) D-4 INTRODUCTION TO CITY INITIATED AMENDMENTS TO THE ZONING ORDINANCE (ZOA 05-91), SECTION 17 OF THE MORRO BAY MUNICIPAL CODE, GENERAL PLAN AND LOCAL COASTAL PLAN. THE AMENDMENTS INCLUDE: 1) CLARIFY EXISTING REGULATIONS; 2) REORGANIZE EXISTING TEXT SECTIONS; 3) ADD DEFINITIONS; 4) MODIFY DEVELOPMENT CRITERIA INTENDED TO BRING THE ORDINANCE INTO CONFORMITY WITH THE GENERAL PLAN; AND AMENDMENTS TO THE GENERAL PLAN AND LOCAL COASTAL PLAN LAND USE MAP AND ZONING MAP TO MODIFY GENERAL PLAN/ZONING DESIGNATIONS ON CERTAIN PARCELS WITHIN THE CITY. THE AMENDMENTS ALSO MODIFY PORTIONS OF THE NORTH MAIN STREET AND BEACH STREET SPECIFIC PLAN. THE MODIFICATIONS APPLY TO VARIOUS ZONES AND APPLY CITY-WIDE. (CEQA DETERMINATION; LCP AMENDMENT, CALIFORNIA COASTAL COMMISSION IS THE LEAD AGENCY FOR CEQA) F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. `A • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - AUGUST 8, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: ABSENT: STAFF: CLOSED SESSION Mayor Yates Colby Crotzer Ben Luna Susan Mullen Ahnawake Unger None Dave Howell David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Mullen moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 5:15 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1994 PAGE 2 • STAFF: Dave Howell City Administrator David Hunt City Attorney Bridgett Davis City Clerk Don Funk Community Development Director Joe Loven Police Chief Andrea Lueker Recreation & Parks Director Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Thelma Anderson presented the "Lighten Up" this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates made the following announcements: ♦ Council added a Closed Session item to the agenda which dealt with significant exposure to litigation under Government Code Section 54956.9. ♦ Item C-1 has been pulled for language changes at the request of the City Administrator. • ♦ Volunteers are needed for the Harbor Festival scheduled for the weekend of October 1 and 2. ♦ Thanks to Thrifty Drug Stores for their statewide advertising highlighting Morro Bay. ♦ A letter was received from Martin & Chapman Company stating 750 ballots were not delivered to post office boxes in Morro Bay. Council discussed the matter in Closed Session and it was agreed that the election will proceed in accordance with California Elections Code Section 4018. Councilmember Mullen reported the opening of "The Good Doctor" performed by Scenic Coast Players was met with phenomenal response. PUBLIC COMMENT Jo L. Merriman asked when a new lighted flagpole and flag will be installed at the Veterans Memorial Building? Mayor Yates responded it will take place when the Veterans Memorial Building is renovated. Mary Phillips addressed affordable drinking water. John Barta expressed his concern with a postcard he received • stating water bills will increase dramatically if they vote no on Measure J. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1994 PAGE 3 r] DECLARATION OF FUTURE AGENDA ITEMS There were no Future Agenda Items declared. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF JUNE 13, 1994 AND JUNE 27, 1994 This item was pulled from the agenda. A-2 TERMINATION OF CITY ADMINISTRATOR CONTRACT Mr. Howell recommended Council approve Council's previous action of June 21, 1994 by adoption of this report by a three -member majority vote. A-3 AWARD OF CUSTODIAL SERVICE CONTRACT; RP94-01 Mr. Howell recommended Council award the contract for custodial • services to Bear Facts Cleaning in the amount of $1,500 per month. A-4 REJECTION OF LIABILITY CLAIM AGAINST CITY (SISLER) Mr. Howell recommended Council reject the claim submitted by Mr. Sisler and authorize the City Clerk to send the appropriate rejection letter. A-5 REJECTION OF LIABILITY CLAIM AGAINST CITY (RHONE) Mr. Howell recommended Council reject the claim submitted by Grace Mary Rhone and authorize the City Clerk to send the appropriate rejection letter. Councilmember Luna pulled Item A-3 from the Consent Calendar. MOTION: Councilwoman Unger moved to approve the Consent Calendar with the exception of Items A-1 and A-3. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-3 AWARD OF CUSTODIAL SERVICE CONTRACT; RP94-01 Councilmember Luna asked staff what happened to the Achievement House program. Ms. Lueker responded Achievement House used the • program as a training program in order to help graduate their clients into the mainstream; however, that did not happen with MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1994 PAGE 4 • many people. In addition, there were personnel and contract compliance issues. Councilmember Luna asked if an adequate job was performed? Ms. Lueker responded it appeared they were doing a sufficient job at City offices. Mr. Howell reiterated there were some problems with the quality of work and supervision. Councilmember Luna asked if the City had made an effort to correct the problems? Ms. Lueker responded staff had discussed the problems with the immediate supervisor and executive director with little change to the services. She noted the bid from Achievement House was substantially higher than the bid of Bear Facts Cleaning. Councilmember Luna said he would not support this change in contract. Perhaps the work was not as good as a professional contractor, but given the nature of Achievement House programs, he cannot support giving the contract to someone else. Mayor Yates stated he also appreciates what Achievement House offers; however, he supports staff's recommendation. Councilmember Crotzer stated the people from Achievement House benefitted greatly from the contract. He said he would not support the change. • MOTION: Councilmember Unger moved Council approve Item A-3. The motion was seconded by Councilmember Mullen and carried with Councilmembers Crotzer and Luna voting no. (3-2) B. UNFINISHED BUSINESS None C. NEW BUSINESS C-1 RESOLUTION NO. 76-94 AMENDING THE CITY TRAVEL POLICY; AND RESOLUTION NO. 74-94 ESTABLISHING NEW PER DIEM RATES This item was pulled from the agenda. C-2 CONSIDERATION OF LATINO OUTREACH WORKSHOP Councilmember Luna stated the County is presently working on a project to bring health and welfare benefits to lower income and non-English speaking people. He said they have established a school -based pilot program in Paso Robles; and, if successful, the County will offer similar programs throughout the County. He requested the Council endorse holding a workshop to assess the needs of the Hispanic community. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1994 PAGE 5 • Council supported the idea of holding a workshop. No action was taken on this item. Councilmember Crotzer requested Item D-2 be heard prior to Item D-1; Council concurred. D-2 STREAMLINING REPORT FROM STAFF COMMITTEE IDENTIFYING MEASURES BEING IMPLEMENTED TO STREAMLINE THE PERMIT PROCESS AND TO BETTER EDUCATE THE PUBLIC Community Development Director Don Funk reviewed the streamlining report prepared by staff members from the Community Development, Public Works and Fire Departments identifying measures implemented to streamline the permit process and better educate the public. Councilmember Crotzer stated there is an overall perception that government employees do not work as diligently as the private sector worker. He said the key to streamlining is to limit duplication without removing certain requirements. Councilmember Crotzer stated if labor is streamlined then fees should not be • increased. Councilmember Mullen stated the City needs to be protected on issues such as environmental protection and traffic impacts. She said processing of single family residence permits needs to be streamlined. Councilmember Mullen asked if the Planning Commission should meet more often to get caught up with the workload? Mr. Funk responded there are several future planning items currently being heard by the Planning Commission. Mayor Yates called for a break at 7:15 p.m.; the meeting resumed at 7:40 p.m. Mayor Yates stated the "one -stop shop" should include the Public Works Department to make streamlining effective. He said he would like to see less citizen/developer frustration, as well as fewer emotional and financial problems. Mayor Yates stated there should be written guidelines on time frames; for example, more than a six -week backlog should trigger an extra meeting. He said staff should have a problem -solving attitude. Councilmember Unger asked if the streamlining goals reflect minimizing processing time? Mr. Funk responded the goal is to provide the best service in an efficient time period. Councilmember Unger asked if the Planning Commission approved all single-family dwelling permits? Mr. Funk answered that they • review coastal permits and all new housing except those outside of the coastal zone and under 10 percent slope. Councilmember MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1994 PAGE 6 • Unger asked how fast those permits were agendized on the Planning Commission agenda? Mr. Funk responded the average time would be five to six weeks once all the paperwork is completed. Councilmember Unger asked if any steps have been eliminated or combined in the building permit process? Mr. Funk responded none have been eliminated where review is necessary; there is lag time when it comes to engineering review. Councilmember Luna inquired how much time will be saved with the one -stop shopping approach? Mr. Funk responded one -stop shopping would be more efficient if the Community Development and Public Works Departments were under one roof. Mayor Yates opened the hearing for public comment. Dale Reddell stated he received a building permit after eight and one-half months. He expressed support with the streamlining proposal; however, the public should be involved in the process. Ed Smith expressed discontent with the time involved in obtaining a building permit. Mary Phillips stated she was informed by local contractors that they have problems obtaining building permits in the City. • Mayor Yates closed the hearing for public comment. Councilmember Luna expressed his support of staff's efforts in this streamlining report. Mayor Yates commented that citizen involvement is an interesting concept and asked if it has been considered by staff? Mr. Funk responded it has not been considered, but it would be a good idea for developers to meet with the streamlining committee members. Councilmember Unger asked if any plans were approved over the counter on the same day? Mr. Funk responded permits that do not require planchecks, and with the availability of a building inspector to approve the permit, can be issued within that same day. Councilmember Mullen asked if there is a requirement for owner/builders to have workman's compensation insurance? Mr. Funk responded protection is an issue with owner/builder permits because the homeowner usually does not do all of the work. Councilmember Mullen stated she supports forming a committee to provide feedback in the streamlining process; she would like to see a balance between developers and other people in the community to form a well-rounded group. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1994 PAGE 7 • Councilmember Crotzer stated he would like to see the process simplified. He supports the formation of a committee with a variety of people serving on the committee. Council directed staff to organize a committee and report back to Council on a monthly basis. D-1 RESOLUTION NO. 75-94 ESTABLISHING COMMUNITY DEVELOPMENT AND POLICE DEPARTMENT FEE SCHEDULES FOR FISCAL YEAR 1994/95 City Administrator Dave Howell presented Council with the Fiscal Year 1994/95 Master Fee Schedule for the Community Development and Police Departments, and recommended Council approve Resolution No. 75-94 establishing the rate schedules for these departments. Community Development Director Don Funk reviewed the fee schedule for the Community Development Department. He said building fees and planning fees are separate entities and have been calculated to aid in the streamlining process. Mr. Funk stated fees should be structured to cover more than the average cost, so that the City does not lose money when faced with controversial permits, and also should be high enough to cover costs of review by other departments. He said the fees can be billed individually by each • department which would result in a more cumbersome process. Police Chief Joe Loven reviewed the fee schedule for the Police Department. He said the fees have been revised to meet the Consumer Price Index. Chief Loven stated there is only one new fee for the release of repossessed vehicles as required by state law. Mayor Yates opened the hearing for public comment. Dale Reddell stated permit streamlining would create a situation in which fees would not have to be raised. He said if the permit process is more efficient, a greater number of permits can be processed which will generate more revenue. Mayor Yates closed the hearing for public comment. Councilmember Unger stated a more efficient permit process along with upgraded computer software is needed. She said she will not support an increase in fees. Councilmember Mullen stated she supports the proposed Community Development fees, except the $25 home occupation fee. She said cost recovery within this department is essential. Councilmember Mullen stated she would like a monthly streamlining process report in order to monitor the fees and perhaps adjust the fees • at the mid -year budget review. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1994 PAGE 8 • Mayor Yates stated some of the proposed Community Development Department fees are exorbitant and he will not support them. He said Council's intent was for cost recovery and these fees go beyond that. Councilmember Luna asked for clarification on the subdivision/map fees. Mr. Funk responded subdivision/map fees cover all parties involved in the process; subdivisions have not been cost- effective for the City. Councilmember Luna stated regulations have become more complicated and therefore more costly. Councilmember Crotzer stated large projects should pay their fair share in fees. Councilmember Mullen stated Council supported a 2.5% increase in fees. She said because Morro Bay is in a coastal zone, cost recovery is difficult. Mayor Yates stated the issue is that the Master Fee Schedule reflects an over -recovering of costs. Council approved of the proposed Police Department fees. MOTION: Councilmember Mullen moved Council adopt Resolution No. • 75-94 establishing Community Development Department and Police Department rate schedules for Fiscal Year 1994/95, and request a mid -year review return to Council in January 1995 on the Community Development fees to see how they are progressing. The motion was seconded by Councilmember Luna and carried with Mayor Yates and Councilmember Unger voting no. (3-2) D-3 REVIEW OF MODIFICATIONS OF THE AMENDMENTS TO THE VISUAL RESOURCES AND SCENIC HIGHWAY ELEMENT OF THE GENERAL PLAN, AND TO THE LOCAL COASTAL PROGRAM LAND USE PLAN APPROVED ON JUNE 17, 1992. THE AMENDMENTS SET NEW CRITERIA LIMITING DEVELOPMENT ON RIDGE -LINES AND SLOPES IN UNDEVELOPED SCENIC AREAS OF THE CITY. (CEQA DETERMINATION: EXEMPT AS A FUNCTIONAL EQUIVALENT OF AN EIR UNDER CEQA LCP REGULATIONS) Mayor Yates stated a letter has been received from Marshall Ochylski, LandPlans, inviting Council to take a tour of the Tri-W site to review the hillside regulations proposed by the Planning Commission; Mayor Yates recommended Council continue the hearing to August 22, 1994. Council concurred to continue this item to the City Council meeting of September 12, 1994. Council scheduled the tour for September 10, 1994 at 1:00 p.m. 0 u • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1994 PAGE 9 Mayor Yates opened the hearing to public comment. Marshall Ochylski, LandPlans, reiterated the invitation to Council for a site visit to review the hillside regulations. He stated the intent of the regulations are to protect the hillside. Dale Reddell requested Council consider exempting his property, which is located in the hillside area, from these restrictions. Mr. Reddell presented a letter to Council from his attorney regarding his property. Mayor Yates stated Council will receive the letter and include his request in the staff report for September 12, 1994. Dan Reddell stated Dale Reddell's property is located outside the coastal zone. Mr. Ochylski stated Tri-W is not agreeing with the regulations as presently outlined; however, they agree with the intent of protecting the hillside. Mayor Yates closed the hearing for public comment. Mayor Yates requested the City Clerk notice the on -site tour as a Special City Council meeting, and stated the public will be welcome to attend. D-4 INTRODUCTION TO CITY INITIATED AMENDMENTS TO THE ZONING ORDINANCE (ZOA 05-91), SECTION 17 OF THE MORRO BAY MUNICIPAL CODE, GENERAL PLAN AND LOCAL COASTAL PLAN. THE AMENDMENTS INCLUDE: 1) CLARIFY EXISTING REGULATIONS; 2) REORGANIZE EXISTING TEXT SECTIONS; 3) ADD DEFINITIONS; 4) MODIFY DEVELOPMENT CRITERIA INTENDED TO BRING THE ORDINANCE INTO CONFORMITY WITH THE GENERAL PLAN; AND AMENDMENTS TO THE GENERAL PLAN AND LOCAL COASTAL PLAN LAND USE MAP AND ZONING MAP TO MODIFY GENERAL PLAN/ZONING DESIGNATIONS ON CERTAIN PARCELS WITHIN THE CITY. THE AMENDMENTS ALSO MODIFY PORTIONS OF THE NORTH MAIN STREET AND BEACH STREET SPECIFIC PLAN. THE MODIFICATIONS APPLY TO VARIOUS ZONES AND APPLY CITY-WIDE. (CEQA DETERMINATION; LCP AMENDMENT, CALIFORNIA COASTAL COMMISSION IS THE LEAD AGENCY FOR CEQA) Community Development Director Don Funk reviewed the City - initiated amendments to the Zoning Ordinance and recommended Council review and continue this item to a public hearing workshop. Council concurred to schedule a Special City Council meeting with the Planning Commission on Wednesday, September 21, 1994 at 6:00 p.m. at the Veterans' Memorial Building. Mayor Yates opened the hearing to public comment; there was no comment and the hearing was closed. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1994 PAGE 10 • F. ADJOURNMENT MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) The meeting adjourned at 10:00 p.m. Recorded by: Bridgett Davis City Clerk • • • NOT = C E OF S P EC = AL MEETING NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Wednesday, August 3, 1994 at 7:00 p.m. in the Morro Bay Community Center Studio Room, 1001 Kennedy Way, Morro Bay, California. Council will be considering the following public hearing: APPEAL OF PLANNING COMMISSION DECISION ON ENFORCEMENT ACTION (2970 GREENWOOD AVENUE, MORRO BAY, CALIFORNIA; HOLINBECK) DATED: July 21, 1994 WILLIAM YATES, Mayoril • City of Morro Bay, CTj ifornia • MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - AUGUST 3, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Mayor Yates Colby Crotzer Ben Luna Susan Mullen Ahnawake Unger ABSENT: None STAFF: Dave Howell David Hunt Bridgett Davis Don Funk Elizabeth Szwabowski Mauricio Argente Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney City Clerk Community Development Director Building Official Code Enforcement Officer ALSO PRESENT: Neil Holinbeck Appellant • Randall Cook Attorney for Appellant Mayor Yates introduced the appeal to the Planning Commission action to uphold the Code Enforcement Officer's determination in regards to property located at 2970 Greenwood, Morro Bay. City Attorney David Hunt reviewed the alleged code enforcement violations. Community Development Director Don Funk reviewed staff's findings of the alleged violations. Councilmember Luna asked the City Attorney why Mr. Holinbeck is requesting the City not enforce the alleged violations. Mr. Hunt referred to estoppel conditions. Councilmember Unger asked staff about the history of violations and why they were not noticed between 1964-1989. Councilmember Mullen asked if the property is being billed for two water units and does that establish the illegal use? Mr. Funk responded that he did not know if there are two water meters; however, payment for two water meters does not establish a legal use. • Mayor Yates inquired on water records; Mr. Argente responded water records start in 1973. 1 • Mayor Yates called for a break at 8:00 p.m.; the meeting resumed at 8:10 p.m. Mayor Yates invited the appellant and his attorney to address Council. Mr. Cook shared a video showing the property with the two-story single family residence and adjoining mobilehome. He stated the County was assessing this property as a single family structure with the trailer on -site since 1958; the two-story residence was constructed in 1963 on the adjoining property. Mr. Cook addressed the electrical wiring of the trailer, the sewer connection to the trailer, plumbing which was dye -tested and connected to the sewer. He said part of the problem is lack of County records. Mr. Cook stated based on Doctrine of Latches (passage of time and delayed result to appellant) Council should uphold this appeal. He said there is an extreme prejudice in the delay in response between 1964 and 1989 and Mr. Holinbeck should be granted leniency. Mayor Yates called for a break at 9:00 p.m.; the meeting resumed at 9:15 p.m. Mayor Yates opened the hearing for public comment. • Matthew Piper, 2960 Greenwood, addressed Council regarding the subject property and stated he supports the Planning Commission's decision to uphold the Code Enforcement officer's determination. Mayor Yates closed the hearing for public comment. Councilmember Mullen asked the City Attorney about Doctrine of Latches. Mr. Hunt responded Doctrine of Latches basically causes prejudice to an individual by a public entity not acting on an issue for a period of time. He recommended Council concentrate on the time period of 1989-1993. Mr. Funk referred to the County building records which does not show the trailer was in use until 1963. Mr. Argente addressed parking violations stating the only legal parking place is between the trailer and the house. He said there are no permits for any conversions that took place on the property. Mr. Cook stated Mr. Holinbeck should not be charged for a situation that is 35 years old. He asked Council to consider allowing Mr. Holinbeck to leave the mobilehome on the property until he sells the property. • Council discussed the issues individually and made the following motions: 2 • Trailer MOTION: Mayor Yates moved Council find the trailer as an illegal use when placed on the subject property in 1958; however, based on the fact that it has been on the subject property for 35 years, Council find it should remain until the property changes title. The motion was seconded by Councilmember Unger. Councilmembers Crotzer, Luna, and Mullen stated they will not support this motion. The motion failed with Councilmember Crotzer, Councilmember Luna, and Councilmember Mullen voting no. (2-3) MOTION: Mayor Yates moved Council find the trailer an illegal non -conforming use and order its removal within three (3) years. The motion was seconded by Councilmember Mullen and carried with Councilmember Luna voting no. (4-1) Code Violations MOTION: Councilmember Mullen moved Council direct staff to • enforce the following Uniform Building Code violations discovered on the property as a result of the site inspection which present safety hazards: 1) improper ventilation in downstairs bathroom (UHC 1001-b); downstairs bathrooms lack required room and space dimensions (UHC 1001-b); lack of adequate heating in all rooms (UHC 1001-b); floor in converted patio room slopes moderately (UNC Table 25); ceiling material is deflecting (UBC 4711-b); uncertain roof supporting members over converted patio (UBC Table 25); plumbing fixtures or fittings are of improper material (UPC 401- a); water heater installation needs to be verified; fiberglass panels do not meet Uniform Building Standards for use as siding; minimum 6" earth to wood contact to be maintained (UBC 2516(c)7); and gas line connection does not meet the minimum standards (UMC 2218). Such violations shall be abated within one (1) year of the City Council's final action. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Parking MOTION: Councilmember Unger moved Council find parking insufficient and shall provide off-street parking as required by the Morro Bay Municipal Code within three • (3) years. The motion was seconded by Mayor Yates and unanimously carried. (5-0) 0 Nuisance Abatement MOTION: Councilmember Unger moved Council direct the City Attorney to pursue nuisance abatement proceedings if the appellant does not meet the conditions within the time frames set forth in the City Council's rulings. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) ADJOURNMENT MOTION: Councilmember Luna moved the meeting be adjourned. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) The meeting adjourned at 10:55 p.m. Recorded by: z��I" Bridget Davis City Clerk • 0 r City of Morro Bay to City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - JULY 25, 1994; 5:00 P.M. CLOSED SESSION - JULY 25, 1994 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54957, PERSONNEL ♦ Discussions regarding potential discipline of one City employee E-2 GOVERNMENT CODE-S9C-T-fON 54956.8, REAL PROPERTY ♦ Instructing City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property PUBLIC SESSION - JULY 25, 1994 _f VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL OMENT OF SILENCE LEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF MAY 23, 1994 AND THE SPECIAL MEETING OF JUNE 9, 1994 A-2 STATEMENT OF CASH AND INVESTMENTS - JUNE 1994 A-3 EXPENDITURE REPORT - JUNE 1994 A-4 WATER SUPPLY STATUS REPORT -5 RESOLUTION AWARDING BID TO PURCHASE AN AEROSTAR VAN AND F-350 4-WHEEL DRIVE TRUCK - THIS ITEM HAS BEEN PULLED FROM THE AGENDA 1 OF6 RESOLUTION AWARDING CONTRACT FOR NEW HARBOR PATROL VESSEL A-7 AMENDMENT TO DEPARTMENT OF BOATING AND WATERWAYS SOUTH T-PIER LOAN CONTRACT A-8 AWARD OF STREET RESTRIPING CONTRACT; PW 94-02 A-9 REVIEW AND APPROVAL OF MASTER STREET TREE LIST A-10 RESOLUTION APPROVING DESIGNATION OF CITY OFFICIAL RESPONSIBLE FOR MATTERS PERTAINING TO THE 1993 COMMUNITY DEVELOPMENT BLOCK GRANT B. UNFINISHED BUSINESS B-1 RESOLUTION RESCINDING PREVIOUS AUTHORIZATION OF A NON -CONFORMING MOORING B-2 CONSIDERATION OF TEST PROGRAM FOR WASTEWATER RECLAMATION VIA FLASH DISTILLATION B-3 COUNCIL DISCUSSION OF PROPOSED SMOKING ORDINANCE C. NEW BUSINESS C-1 CONSIDERATION OF DATE FOR COUNCIL/STAFF WORKSHOP C-2 REVIEW OF CHANGES IN CONSTITUTIONAL LAND USE LAW REQUIREMENTS (DOLAN V. TIGARD) PUBLIC HEARINGS REPORTS & APPEARANCES -1 CONSIDERATION OF FRANCHISE ADVISORY BOARD RECOMMENDATION TO APPROVE CITIZEN PROPOSAL FOR PILOT PUBLIC ACCESS CHANNEL PROGRAM AND RELATED FUNDING D-2 ORDINANCE NO. 440 ESTABLISHING "HEALTH CARE FACILITIES" SPECIAL WATER RATES (SECOND READING/ADOPTION) D-3 REPORT FROM JOHN CAROLLO ENGINEERS REGARDING TECHNICAL AND FINANCIAL ASPECTS OF THE STATE WATER PROJECT D-4 CONSIDERATION OF TIME PARKING LIMITS FOR EMBARCADERO D-5 APPEAL OF PLANNING COMMISSION DECISION ON ENFORCEMENT ACTION (2970 GREENWOOD AVENUE; HOLINBECK) - CONTINUED TO SPECIAL MEETING OF AUGUST 3, 1994 F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 2 • 0 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JULY 25, 1994 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m. PRESENT: Mayor Yates Colby Crotzer Ben Luna Susan Mullen Ahnawake Unger ABSENT: None STAFF: Dave Howell David Hunt CLOSED SESSION Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Mullen moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None • \J 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1994 PAGE 2 STAFF: Dave Howell David Hunt Rick Algert Bill Boucher Bridgett Davis Don Funk Rudy Hernandez Andrea Lueker Joe Loven City Administrator City Attorney Harbor Director Public Works Director City Clerk Community Development Director Finance Director Recreation & Parks Director Police Chief Richard Haskett led the Pledge of Allegiance. LIGHTEN UP Gary Ryan presented the "Lighten Up" this evening. 14AYORIS REPORTS & ANNOUNCEMENTS Mayor Yates made the following announcements: ♦ Item D-1 will be heard after Item D-5 this evening; ♦ Morro Bay City employees adopted the west side of Highway One from Highway 41 to San Bernardo Creek Road for clean-up; ♦ Congratulations to Councilmember Crotzer for his efforts in bringing the surf -wheelchair to Morro Bay - it will be dedicated July 29, 1994 at 1:00 p.m. at the "Rock"; ♦ A request was made to suspend the rules and hear Item B-3 before Public Comment in order to put the matter to rest. MOTION: Mayor Yates moved Council suspend the rules in order to hear Item B-3 before the Public Comment period. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) Councilmember Luna addressed the Gangs Out Task Force that he has been working on for the past several months, and stated it is moving forward. B-3 COUNCIL DISCUSSION OF PROPOSED SMOKING ORDINANCE Councilmember Crotzer addressed the proposed smoking ordinance and stated State Assembly Bill 13, which prohibits smoking in the workplace, covers most of the concerns that were addressed in the proposed City ordinance. He said the bill has been signed by Governor Wilson and will take effect January 1, 1995. Councilmember Crotzer recommended Council postpone review of the proposed City ordinance and wait to see what transpires with this legislation. He said he feels strongly that smoking advertisements should be banned within one mile of schools, along with the ban prohibiting smoking at the high school. • J • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1994 PAGE 3 MOTION: Councilmember Crotzer moved Council postpone indefinitely the consideration of application of a stricter ordinance for smoking in the City of Morro Bay. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Councilmember Luna stated this has been a very controversial issue and recognized Councilmember Crotzer for his efforts in bringing it forward. PUBLIC COMMENT Pat Ainsworth, representing Morro Dunes RV Park, addressed Council regarding Item B-2 (Consideration of Test Program for Wastewater Reclamation via Flash Distillation) stating concerns about potential lost revenue to the park due to noise and resonance of the tests which will be conducted against the fence on their property. She noted they have spoken to the people running the tests and have been assured these issues will be addressed. Mary Phillips asked for clarification on the ordinance regarding the placement of fireplace ashes in the orange garbage bags. Public Works Director Bill Boucher responded he would look into this request and respond by memorandum. Cathy Novak spoke in support of the Harbor Department receiving a new Harbor Patrol vessel. Linda Donnelly referred to the June 13, 1994 City Council meeting and expressed concern the Council stated they would not hear the entire agenda, which caused citizens to leave the meeting early, and then went on to hear those items. She also stated the letter sent to the County of San Luis Obispo regarding the pipeline was in violation of Measure G. Frank St. Denis agreed with Ms. Donnelly regarding the letter sent to the County of San Luis Obispo concerning the pipeline which was incorrect and in violation of Measure G. He also expressed concern with the locations of the polling places in the upcoming election; some are different than those used by the County. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Unger requested the consideration of Bayshore Bluffs Assessment District be reagendized as soon as possible; she also requested further discussion on the Carollo Report. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1994 PAGE 4 • A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF MAY 23, 1994 AND THE SPECIAL MEETING OF JUNE 9, 1994 Mr. Howell recommended Council approve the minutes for the regular meeting of May 23, 1994 and the special meeting of June 9, 1994. A-2 STATEMENT OF CASH AND INVESTMENTS - JUNE 1994 Mr. Howell recommended Council accept the report for file. A-3 EXPENDITURE REPORT - JUNE 1994 Mr. Howell recommended Council approve the report. A-4 WATER SUPPLY STATUS REPORT Mr. Howell recommended Council accept the report for file. • A-5 RESOLUTION AWARDING BID TO PURCHASE AN AEROSTAR VAN AND F-350 4-WHEEL DRIVE TRUCK This item was pulled from the agenda. A-6 RESOLUTION NO. 71-94 AWARDING CONTRACT FOR NEW HARBOR PATROL VESSEL Mr. Howell recommended Council approve Resolution No. 71-94 awarding a contract to Davis Boats to construct a new Harbor Patrol vessel as outlined in the attached cost estimate at a cost not to exceed $42,660. A-7 RESOLUTION NO. 70-94 AMENDMENT TO DEPARTMENT OF BOATING AND WATERWAYS SOUTH T-PIER LOAN CONTRACT Mr. Howell recommended Council approve Resolution No. 70-94 authorizing the Mayor to execute the amendment to the Department of Boating and Waterways South T-Pier loan agreement. A-8 AWARD OF STREET RESTRIPING CONTRACT; PW 94-02 Mr. Howell recommended Council award the contract for street restriping to Super Seal & Stripe, Incorporated in the amount of $22,781.97. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1994 PAGE 5 • A-9 REVIEW AND APPROVAL OF MASTER STREET TREE LIST Mr. Howell recommended Council review and approve the Master Street Tree List previously approved by the Planning Commission. A-10 RESOLUTION APPROVING DESIGNATION OF CITY OFFICIAL RESPONSIBLE FOR MATTERS PERTAINING TO THE 1993 COMMUNITY DEVELOPMENT BLOCK GRANT Mr. Howell requested this item be pulled from the Consent Calendar and heard as a public hearing item. Councilmember Luna pulled Item A-9 from the Consent Calendar. MOTION: Councilmember Unger moved Council approve the Consent Calendar with the exception of Item A-9. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) A-9 REVIEW AND APPROVAL OF MASTER STREET TREE LIST Councilmember Luna asked what discussion took place by the Planning Commission and Streets and Trees Committee regarding the red -flowering eucalyptus tree. Community Development Director • Don Funk responded the Planning Commission discussed the red - flowering eucalyptus tree and felt it is inappropriate for street or sidewalk conditions due to the root and dropping problems. MOTION: Councilmember Luna moved Council approve Item A-9. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 RESOLUTION NO. 72-94 RESCINDING PREVIOUS AUTHORIZATION OF A NON -CONFORMING MOORING Harbor Director Rick Algert recommended Council approve Resolution No. 72-94 rescinding previous Resolution No. 98-93, and direct the City Attorney to pursue code enforcement action to remove Mr. Makara's mooring and vessel. MOTION: Councilmember Luna moved Council approve Resolution No. 72-94 rescinding previous Resolution No. 98-93. The motion was seconded by Councilmember Unger. Councilmember Mullen stated she will not vote in favor of this motion. She expressed sadness that the City would enforce action against Sandal. • Mayor Yates reiterated Councilmember Mullen's sentiments. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1994 PAGE 6 • Councilmember Luna stated Mr. Makara has had ample opportunity to relocate his vessel. Councilmember Crotzer stated he has changed his position on this issue to try to reach some accommodation. He said this is not the most stringent position Council could take; staff could have been directed to cite and board him. VOTE: The motion carried with Mayor Yates and Councilmember Mullen voting no. (3-2) B-2 CONSIDERATION OF TEST PROGRAM FOR WASTEWATER RECLAMATION VIA FLASH DISTILLATION Public Works Director Bill Boucher reviewed the consideration of a pilot test program for wastewater reclamation via flash distillation and recommended Council consider the proposal by AquaGen, the recommendation of the Water Advisory Board, and direct staff to proceed with the proposal by commencement of contract negotiations with the Cayucos Sanitary District and AquaGen and initiation of preliminary analyses. Councilmember Luna expressed concern with the cost of staff time. Mr. Boucher responded the City and Cayucos Sanitary District will • be reimbursed for staff time by AquaGen. Councilmember Unger asked about impacts on the treatment plant. Mr. Boucher responded this issue is presently being discussed; the question is what to do with the by-product once it has gone through the test program, and if it will be possible to have it re-entered into the waste stream. Councilmember Unger asked if AquaGen is in compliance with SB198 and stated she would like a written safety plan for the project. Mayor Yates addressed the noise issue brought forward during Public Comment. Mr. Boucher responded the test program will be required to meet the City's Noise Element. Councilmember Crotzer addressed the issue of monitoring noise. Mr. Boucher responded the site is fairly noisy on a regular basis; if the noise levels from the project in combination with normal sounds go over the limit of the ordinance, the project manager will be responsible to bring the noise down to compliance levels resultant of the test program exclusively, not from any or all other sources. Councilmember Luna asked if contract negotiations would be the next step and if conceptual endorsement from Cayucos Sanitary District should be sought? Mr. Boucher responded Cayucos Sanitary District has not agendized the pilot project but has • implied support. C, J • 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1994 PAGE 7 MOTION: Councilmember Mullen moved Council direct staff to proceed with the proposal by AquaGen by commencement of contract negotiations with the Cayucos Sanitary District and AquaGen and initiation of preliminary analyses. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) C. NEW BUSINESS C-1 CONSIDERATION OF DATE FOR COUNCIL/STAFF WORKSHOP City Administrator Dave Howell addressed Council on the subject of holding a Council/staff workshop to assign priorities, and establish time lines for items. A date and time for the workshop needs to be established. Council scheduled the workshop for August 17, 1994 at 5:30 p.m.. C-2 REVIEW OF CHANGES IN CONSTITUTIONAL LAND USE LAW REQUIREMENTS (DOLAN V. TIGARD) City Attorney David Hunt provided Council with a brief overview of the latest Supreme Court decision regarding inverse condemnation. He said it does not affect City ordinances in their current form; however, City staff must comply by establishing the necessary conditions which require an owner give up the right to exclude the public. Mayor Yates called for a break at 7:18 p.m.; the meeting resumed at 7:37 p.m. D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-2 ORDINANCE NO. 440 ESTABLISHING "HEALTH CARE FACILITIES" SPECIAL WATER RATES (SECOND READING/ADOPTION) Public Works Director Bill Boucher introduced Ordinance No. 440 establishing special water rates for health care facilities for second reading and adoption, and recommended Council approve Resolution No. 73-94. Mayor Yates opened the hearing for public comment; there were no public comments and the hearing was closed. MOTION: Councilmember Mullen moved Council have Ordinance No. 440 read by title and number. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) City Administrator Dave Howell read Ordinance No. 440 by title and number. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1994 PAGE 8 • MOTION: Councilmember Mullen moved Council adopt Ordinance No. 440 establishing "health care facilities" special water rates and approve Resolution No. 73-94 establishing water rates for licensed health care facilities. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) D-3 REPORT FROM JOHN CAROLLO ENGINEERS REGARDING TECHNICAL AND FINANCIAL ASPECTS OF THE STATE WATER PROJECT Public Works Director Bill Boucher reviewed the report from John Carollo Engineers regarding technical and financial aspects of the State Water Project. Councilmember Luna referred to page 2 of the report regarding the City's obligation to pay costs of the delivery system whether or not the water is received; and also referred to page 11 regarding the City's ability to sell its share of water. He asked if these statements conflict? Mr. Boucher responded the City is responsible for capital cost recovery for facilities constructed. He said the City will have to pay the County regardless; however, if the City found a water customer, it could collect the payments but still pay the County direct. • Councilmember Mullen stated the premise of the report is the City will receive the full amount of water. She asked if there are cost breakdowns if less water is received? Mr. Boucher responded he has not seen data on municipal deliveries that are realistic. Councilmember Mullen referred to an incorrect statement on page 9 of the report and stated the City did not reject Whale Rock; the City of San Luis Obispo turned down the contract. She asked that this correction be made in the report. Councilmember Crotzer stated the report is incomplete and unacceptable if it is unknown what percentage of water will be delivered. Mayor Yates opened the hearing for public comment. Charles Palmer stated the size of the pipeline is not designed for a maximum flow. He said if State Water is delivered, the City will double its amount of water. Mr. Palmer stated even during drought years, the City can extract 1,300 acre feet of ground water per year. Frank St. Denis stated the City has already spent $117,000 on the Boyle Engineering report which listed historical data regarding State Water delivery to urban communities. isBill DeCarolis stated the City will only pay for water that is delivered and capital costs will go down each year. CJ MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1994 PAGE 9 John Lemons stated Council needs to consider the initial debt service and delivery and amortize the amount over a reasonable length of time. John Barnham stated the City is not purchasing State Water, but is buying bonds to lay pipeline; this money is going to be expended regardless. Linda Donnelly asked Council when the Carollo Report will be disseminated to the public? Mary Phillips asked if farmers will receive the amount of water needed if State Water is not delivered? Mayor Yates closed the hearing for public comment. Councilmember Mullen stated there is outreach money available in the budget to disseminate this information. Council agreed to approve the report as submitted with corrections to minor errors. MOTION: Mayor Yates moved Council direct staff to make • corrections to the Carollo Report as discussed and disseminate to the public by mail by August 3, 1994. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Mayor Yates called for a break at 8:55 p.m.; the meeting resumed at 9:15 p.m. MOTION: Mayor Yates requested Council approve, by 4/5 vote, the addition of an agenda item to New Business to discuss funding of Dial -A -Ride service for the Special Election on August 9, 1994. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) C-3 FUNDING OF DIAL -A -RIDE FOR SPECIAL ELECTION Council discussed funding of a quarter page ad in the Sun - Bulletin, and Dial -A -Ride service to pick-up and deliver voters in order to vote at the Special Election on August 9, 1994. MOTION: Mayor Yates moved Council approve funding for a quarter page ad in the Sun -Bulletin, and Dial -A -Ride service to pick-up and deliver voters for the August 9, 1994 Special Election. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1994 PAGE 10 • D-4 CONSIDERATION OF TIME PARKING LIMITS FOR EMBARCADERO Public Works Director Bill Boucher reviewed the proposal of on - street parking time limits on the Embarcadero and recommended Council provide staff with direction on 4-hour parking and where it should be located, street -end parking, and employee parking. The consensus of Council was to wait for discussion on the Parking Management Plan. City Administrator Dave Howell stated discussion on the Parking Management Plan will come before the Council by the end of September. Mayor Yates opened the hearing for public comment. Mary Phillips stated the City is in violation of the law by not providing enough handicap parking spaces on the Embarcadero. Charles Palmer stated parking meters would be the solution. Ron Hillman suggested painting the curbs with 4-hour parking limit. Mayor Yates closed the hearing for public comment. • Councilmember Luna asked if the City was meeting ADA requirements by providing ample handicap parking spaces on the Embarcadero. Mr. Boucher responded the City has provided two handicapped spaces near wheelchair ramps on street -ends. MOTION: Mayor Yates moved Council continue discussion on this until the Parking Management Plan has been reviewed; and that a notice be posted by employers requesting employees not park on the Embarcadero or street -ends. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) D-5 APPEAL OF PLANNING COMMISSION DECISION ON ENFORCEMENT ACTION (2970 GREENWOOD AVENUE; HOLINBECK) This item was continued to the Special Meeting of August 3, 1994. D-6 RESOLUTION APPROVING DESIGNATION OF CITY OFFICIAL RESPONSIBLE FOR MATTERS PERTAINING TO THE 1993 COTWNITY DEVELOPMENT BLOCK GRANT Community Development Director Don Funk recommended Council approve Resolution No. 69-94 designating the City Official responsible for acting on the City's behalf on all matters pertaining to the 1993 Community Development Block Grant. • Mr. Funk introduced Scott Smith from People Self Help Housing who reviewed the annual grantee performance report. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1994 PAGE 11 Mayor Yates opened the hearing for public comment, there were no comments and the public comment period was closed. MOTION: Councilmember Luna moved Council approve Resolution No. 69-94 designating the City Official responsible for acting on the City's behalf on all matters pertaining to the 1993 Community Development Block Grant. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) D-1 CONSIDERATION OF FRANCHISE ADVISORY BOARD RECOMMENDATION TO APPROVE CITIZEN PROPOSAL FOR PILOT PUBLIC ACCESS CHANNEL PROGRAM AND RELATED FUNDING Councilmember Crotzer stepped down due to the appearance of conflict of interest. Public Works Director Bill Boucher reviewed the Franchise Advisory Board's recommendation to approve a proposal from Shoosh Crotzer for a senior fitness program as a pilot public access channel program on Sonic Cable TV and related funding. He recommended Council consider the recommendation made by Franchise Advisory Board to approve the proposal in the amount of 25% • funding for program production costs. Shoosh Crotzer stated the Franchise Advisory Board recommended approval for public access awareness. She suggested forming a committee to discuss what type of shows would benefit the community for public access television. Mayor Yates opened the hearing for public comment. Bill Olson, Franchise Advisory Boardmember, stated a cable needs to be installed before public access can be viewed. John Barta stated the City should consider taping public events before funding a private proposal. Sylvia Johnson stated the City should not fund a private proposal. Mayor Yates closed the hearing for public comment. Councilmember Luna stated he is not adverse to the proposal; however, funding a private production is a concern. Councilmember Unger stated she would not support subsidizing a private production. n U MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1994 PAGE 12 • Councilmember Mullen stated she would have approved funding a portion of technical costs; however, public access should be used for public events. Mayor Yates stated he could not support the proposal; however, he supports public access. MOTION: Councilmember Luna moved Council direct staff to return to Council by October 10, 1994 with a report from the Franchise Advisory Board on how to maximize the public access channel. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Mayor Yates directed the City Clerk to write a letter to Mrs. Crotzer thanking her for her time and effort on this proposal. F. ADJOURNMENT MOTION: Mayor Yates moved the meeting be adjourned. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) The meeting adjourned at 10:25 p.m. • Recorded by: � •. I� Bridgett Davis City Clerk 0 City of Morro Bay City Council Agenda Mission Statement The City of Mono Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent unth and responsive to the needs of the public. REGULAR MEETING - JULY 11, 1994; 4:30 P.M. CLOSED SESSION - JULY 11, 1994 CITY HALL CONFERENCE ROOM - 4:30 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54957.6, LABOR RELATIONS ♦ Discussions with City's representative, David W. Howell, in preparation for labor negotiations with all labor organizations E-2 GOVERNMENT CODE SECTION 54957, PERSONNEL ♦ Discussions regarding possible discipline of one public employee and also discussions of the Interim City Administrator contract E-3 GOVERNMENT CODE SECTION 54956.9(C), POSSIBLE INITIATION OF LITIGATION ♦ There are two matters to be considered E-4 GOVERNMENT CODE SECTION 54956.8, REAL PROPERTY ♦ Instructing City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property • PUBLIC SESSION - JULY 11, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 MINUTES FOR THE REGULAR MEETING OF MAY 8, 1994; AND SPECIAL PUBLIC HEARING OF JUNE 9, 1994 • F� A-2 RESOLUTION NO. 46-94 APPROVING MASTER FEE SCHEDULE FOR FISCAL YEAR • 1994/95 A-3 RESOLUTION NO. 68-94 APPROVING SUBLEASE FOR LEASE SITE 91-92/91W-92W A-4 RESOLUTION NO. 67-94: RATIFICATION OF SAN LUIS OBISPO COUNCIL OF GOVERNMENTS JOINT POWER AGREEMENT A-5 REQUEST TO APPROVE FUNDING FOR BAY RESEARCH PROJECT A-6 RESOLUTION NO. 65-94 AWARDING BID FOR TWO HEAVY-DUTY, 1-TON TRUCKS WITH UTILITY BODIES; PW 94-146 A-7 RESOLUTION NO. 66-94 APPROVING 1994 WEED ABATEMENT CHARGES; PW 93-04 B. UNFINISHED BUSINESS B-1 STREAMLINING REPORT FROM STAFF COMMITTEE IDENTIFYING MEASURES BEING IMPLEMENTED TO STREAMLINE THE PERMIT PROCESS AND TO BETTER EDUCATE THE PUBLIC C. NEW BUSINESS C-1 CONSIDERATION OF EMBARCADERO PARKING CONTROLS C-2 PROPOSAL FOR WORKSHOP REGARDING HEALTH/ENVIRONMENTAL ISSUES •-3 EMERGENCY PLAN UPDATE C-4 DISCUSSION TO HOLD WORKSHOP WITH SAN LUIS OBISPO COUNTY ENGINEERING REGARDING STATE WATER D. PUBLIC HEARINGS REPORTS & APPEARANCES D-1 RESOLUTION NO. 64-94 ORDERING THE LEVY OF AN ANNUAL ASSESSMENT FOR BAYSHORE BLUFFS PARK MAINTENANCE ASSESSMENT DISTRICT D-2 ORDINANCE NO. 440 ESTABLISHING "HEALTH CARE FACILITIES" SPECIAL WATER RATES (FIRST READING/INTRODUCTION) F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JULY 11, 1994 CITY HALL CONFERENCE ROOM - 4:30 P.M. Mayor Yates called the meeting to order at 4:30 p.m. PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Dave Howell City Administrator David Hunt City Attorney CLOSED SESSION MOTION: Councilmember Luna moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. • The meeting adjourned to Closed Session at 4:30 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Mullen moved the meeting be adjourned. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1994 PAGE 2 • STAFF: David Howell David Hunt Rick Algert Bill Boucher Bridgett Davis Don Funk Rudy Hernandez Jeff Jones Joe Loven Andrea Lueker Interim City Administrator City Attorney Harbor Director Public Works Director City Clerk Community Development Director Finance Director Fire Chief Interim Police Chief Recreation & Parks Director Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Bill Boucher presented the "Lighten Up" this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates presented Certificates of Appreciation to Kathryn Gantman, Whitney Mowry, and Heather Yates for their efforts in the painting of the City Hall mural. Councilmember Mullen announced the Integrated Waste Management • Board will be meeting for the first time next week; and she also announced the first production by the Scenic Coast Players, "The Good Doctor", will be performed the first two weekends in August. PUBLIC COMMENT Jo. L. Merrimen expressed his dismay of the firing of City Administrator Forrest Henderson; he also stated his concern at the increase in water rates. Charles Palmer discussed water costs vs. water consumption and the comparison of proposed rates. Mary Phillips discussed garbage service and her concerns with the orange bag system. Willow Kelly addressed Council on the environmental/health issue forum stating an emphasis should be made on the detrimental health effects from burning fossil fuels. Sandy Mathias, Cayucos resident, encouraged Council to hold a workshop on the environmental/health issue. Dorothy Dyer, ETC Coalition, addressed Council on the need for an environmental/health workshop. She stated even the tourists get sick when they visit Morro Bay. Ms. Dyer objected to fog laden • with sulfur dioxide. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1994 PAGE 3 • Ron Hillman complained that the public speaking microphone was too low and it hurt his back; Mr. Hillman threatened litigation. Dale Reddell stated the permit streamlining report should be a public hearing. He also addressed Item A-2 (Master Fee Schedule) which is a part of the permit streamlining process. Dave Tope addressed Council on smoker's rights. Ralph Gunther addressed parking circulation problems on the Embarcadero stating there are more businesses with less parking. He urged Council to wait until the Parking Management Plan is discussed and implemented before taking action on Item C-1 (Consideration of Embarcadero Parking Controls). Rodger Anderson suggested Council consider implementing a pilot program enforcing a four-hour parking limit from Beach Street to Driftwood along the west side of the Embarcadero street -end which would eliminate employee parking on the Embarcadero. Wayne Brossard, PG&E Plant Manager, addressed Council on PG&E's support of an environmental/health issue workshop if attended by local regulatory agencies. • DECLARATION OF FUTURE AGENDA ITEMS Councilmember Luna requested an item be agendized for the August 8, 1994 Council meeting to review the revenue cost analysis on the operation of the trolley. He also requested an item be agendized to schedule a workshop on prioritizing current city projects. Mayor Yates requested $250 be funded for coffee at Council meetings. Councilmember Mullen requested a moratorium on future agenda items in order for Council to catch up on pending issues. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 MINUTES FOR THE REGULAR MEETING OF MAY 8, 1994; AND SPECIAL PUBLIC HEARING OF JUNE 9, 1994 Mr. Howell recommended Council approve the minutes of May 8, 1994 and June 9, 1994. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1994 PAGE 4 • A-2 RESOLUTION NO. 46-94 APPROVING MASTER FEE SCHEDULE FOR FISCAL YEAR 1994/95 Mr. Howell recommended Council approve Resolution No. 46-94 adopting the Fiscal Year 1994/95 Master Fee Schedule. A-3 RESOLUTION NO. 68-94 APPROVING SUBLEASE FOR LEASE SITE 91- 92/91W-92W Mr. Howell recommended Council approve Resolution No. 68-94 consenting to the sublease of a portion of Lease Site 91-92/91W- 92W to Rosemarie Hoffman for a retail gift and collectible store. A-4 RESOLUTION NO. 67-94: RATIFICATION OF SAN LUIS OBISPO COUNCIL OF GOVERNMENTS JOINT POWER AGREEMENT Mr. Howell recommended Council adopt Resolution No. 67-94 approving the San Luis Obispo Council of Governments Joint Powers Agreement. A-5 REQUEST TO APPROVE FUNDING FOR BAY RESEARCH PROJECT Mr. Howell recommended Council approve funding for the bay research project. • A-6 RESOLUTION NO. 65-94 AWARDING BID FOR TWO HEAVY-DUTY, 1-TON TRUCKS WITH UTILITY BODIES; PW 94-146 Mr. Howell recommended Council approve Resolution No. 65-94 awarding Bid No. PW94-146 for two heavy duty 1-ton trucks with utility bodies to Central Valley Truck Center of Fresno, California in the amount of $48,075.02. A-7 RESOLUTION NO. 66-94 APPROVING 1994 WEED ABATEMENT CHARGES; PW 93-04 Mr. Howell recommended Council approve Resolution No. 66-94 approving the 1994 weed abatement charges. Councilmember Crotzer pulled Item A-1 from the Consent Calendar; Councilmember Mullen pulled Item A-2; and Councilmember Luna pulled Item A-4. MOTION: Councilmember Luna moved Council approve the Consent Calendar with the exception of Items A-1 (June 9, 1994), A-2, and A-4. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1994 PAGE 5 • A-1 MINUTES FOR THE REGULAR MEETING OF MAY 8, 1994; AND SPECIAL PUBLIC HEARING OF JUNE 9, 1994 Councilmember Crotzer asked that a correction to the minutes of June 9, 1994 (Smoking Ordinance Workshop) be made revising the motion made by Councilmember Mullen requesting the proposal of a structured smoking ordinance using the ordinance prepared by Councilmember Crotzer and incorporating a phase in period as presented by Councilmember Luna was defeated. He requested this correction be made and the minutes returned to the next City Council meeting for approval. A-2 RESOLUTION NO. 46-94 APPROVING MASTER FEE SCHEDULE FOR FISCAL YEAR 1994/95 Councilmember Mullen asked staff how the building permit fees were calculated? Community Development Director Don Funk responded the fees charged are based on total cost estimates. Mayor Yates and Councilmember Mullen expressed concern with the estimated costs. Mr. Funk responded the Community Development Department is the clearing house for payment of fees, applications and the routing of projects. • Councilmember Crotzer stated City taxpayers have been bearing the costs for new development, and that should be corrected. Councilmember Unger stated it would be better to streamline management instead of raising fees. Councilmember Luna expressed concern with the lack of consistency in various departmental cost recovery figures. MOTION: Councilmember Mullen moved Council adopt Resolution No. 46-94 approving the Master Fee Schedule for all departments except the Police and Community Development Departments which are to be returned to the City Council as a public hearing item. The motion was seconded by Councilmember Luna. City Attorney David Hunt suggested Resolution No. 46-94 be revised to reflect the amendment as stated in the motion. The motion carried unanimously. (5-0) A-4 RESOLUTION NO. 67-94: RATIFICATION OF SAN LUIS OBISPO COUNCIL OF GOVERNMENTS JOINT POWER AGREEMENT Councilmember Luna asked if the Joint Powers Agreement had been • reviewed. by the City Attorney? Mr. Hunt responded he reviewed the agreement and it is acceptable. 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1994 PAGE 6 MOTION: Councilmember Luna moved Council approve Item A-4. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 STREAMLINING REPORT FROM STAFF COMMITTEE IDENTIFYING MEASURES BEING IMPLEMENTED TO STREAMLINE THE PERMIT PROCESS AND TO BETTER EDUCATE THE PUBLIC This item was continued as a public hearing to the August 8, 1994 City Council meeting. Mayor Yates called for a break at 7:30 p.m.; the meeting resumed at 7:50 p.m. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 RESOLUTION NO. 64-94 ORDERING THE LEVY OF AN ANNUAL ASSESSMENT FOR BAYSHORE BLUFFS PARK MAINTENANCE ASSESSMENT DISTRICT Recreation & Parks Director Andrea Lueker stated this public • hearing is a protest hearing before implementing the annual assessment for the maintenance of Bayshore Bluffs Park. She said upon conclusion of the hearing, Council may order changes to the engineers report and adopt a resolution to levy the assessment. Ms. Lueker stated the adopted 1994/95 fiscal year budget shows the Bayshore Bluffs Assessment District will collect revenues and show expenditures in the same fund rather than performing a fund transfer to the General Fund Parks Maintenance Division, which was done in fiscal year 1993/94. She said this will allow for a "running total" of expenditures to be kept, rather than the total figured at the end of the fiscal year. Ms. Lueker stated at the June 27, 1994 Council meeting, it was suggested that if the maintenance contract was put out to bid, the price would be greatly reduced. This was the case in August 1992 when the City put the park maintenance out to bid, and bids ranged from $1,425 to 2,992 per month, and did not include such items as utilities, garbage service, paper products, bi-annual tree trimming, landscape materials, pesticides, major plumbing and electricity, erosion control, and several other items. Ms. Lueker stated although there were no emergencies at Bayshore Bluffs Park last fiscal year, there have been several situations in the past that needed immediate and extensive attention. She said the City is well equipped and extremely responsive in • handling such' situations. Additionally, Bayshore Bluffs is a relatively new park and as the park equipment/structures age, MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1994 PAGE 7 • additional preventative maintenance required. and repair work will be Ms. Lueker reviewed the following options for park maintenance for Council's consideration: OPTION 1 Bayshore Bluffs Homeowners Association taking over maintenance by hiring a landscape maintenance contractor. Staff has concerns with this option regarding contract compliance, quality of maintenance, and supervision. Additionally, staff anticipates response time to be significantly longer in the case of an emergency or complaint. Presently, in the case of a complaint, response time is within one business day. Should improper maintenance or a hazardous condition arise, liability may be an issue. If the homeowners association hire a landscape contractor, some supervision and administrative costs will continue to be incurred. OPTION 2 The City contracting out for the maintenance of the park. This option was used from the time the park came on-line until August • 1993. As with Option 1, administrative and supervisory costs will still be incurred and the costs for contract maintenance are similar to the costs of City staff. OPTION 3 The City continue maintenance of the park and incorporate "real time" accounting procedures. This option will enable a "running total" of costs incurred to date. Additionally, with the change in fund transfers this year, the supplies, materials and equipment will be charged directly to the Bayshore Bluffs account rather than the General Parks Maintenance account. Staff also suggests meeting with the Homeowners Association on a quarterly basis to review park status and any concerns they may have. Staff could go through the bid process in March 1995, and have comparable numbers for the 1995/96 assessment to compare outside park maintenance to the cost of City -staffed maintenance. Ms. Lueker recommended Council adopt Resolution No. 64-94, or revise the engineers report and budgeted amounts based on one of the three options provided above. City Attorney David Hunt stated litigation has been threatened by the Bayshore Bluffs Homeowners Association which was addressed by Council in Closed Session this evening. He reviewed the history of the project and the assessment district. Mr. Hunt stated the • issue before Council is the reasonableness of a monetary assessment for the maintenance of the park. He said the MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1994 PAGE 8 • homeowners are entitled to a majority protest. Mr. Hunt stated action needs to be taken as the City is required to report to the San Luis Obispo County Assessor's office by August 10, 1994 any assessments to be placed on property tax bills. Mayor Yates opened the hearing for public comment. William Walter, attorney for Bayshore Bluffs Homeowners Association, stated written protests were filed with the City by 57 homeowners which is a majority protest. He expressed concern with accounting issues and reasonableness of the assessment. Mr. Walter stated the park is a City park which should be paid for by the City. Bill Dermody, property manager for Bayshore Bluffs, requested the Council review the expenditures submitted to maintain the park and also look at the property maintenance of the park. Don Phares, homeowner, expressed concern with the costs and quality of maintenance of the park. Cynthia Wimer, homeowner, presented Council with photographs of the park which she felt were self-explanatory as well as detrimental to the City's maintenance of the park. • Fred Smith, homeowner, addressed Council regarding animal owners who walk their dogs and do not clean up after them, people who reside in the bay that park their cars in the parking lot for long periods of time and use the restroom. He stated the park should become a City -owned park. Susie Thon, homeowner, read a letter from Martin and Sharon Krebs (homeowners of Bayshore Bluffs) expressing their objection to the assessment. She said the park is not used by the homeowners; the parking lot is used illegally for overnight parking; and the salaries proposed for maintenance of the park are astronomical. Ms. Thon stated the assessment is unfair and the park should be maintained like any other City park. Marjorie Kessner, homeowner, read a letter from Donald and Karen Soderberg in opposition to the assessment. Ms. Kessner stated the assessment should be removed and the park should be maintained like all City parks. Irene Burns, homeowner, stated her opposition to the increase in assessment fees. Terry Stitt, homeowner, reviewed the park's water bill which is inconsistent. • Betty Webb, homeowner, read a letter from Bob Lytle in opposition to the assessment. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1994 PAGE 9 Karen Stitt, homeowner, stated the homeowners receive no benefit from the park. She said the assessment district should be completely dissolved and the City should maintain it like all other City parks. Sonja Gail, homeowner, stated vandalism occurs in the park with little police protection. She said the trash cans are regularly used by people outside the park. Phil Gail, homeowner, stated his objection to the assessment. He said the homeowners should not be privately assessed for a park that is not utilized by them. George Becker, homeowner, stated there should be benefits to the assessment paid by the property owners. Bob Weisse, homeowner, stated he is one of the original homeowners who agreed to the assessment district; however, he felt coerced by the project owner who said he would walk away from the project if the assessment was not paid. Charles Palmer stated the City wage structure is too high for services provided by the City. • Patricia Nash, homeowner, stated the park is not primarily used by the residents of Bayshore Bluffs. Mayor Yates closed the hearing for public comment. Ms. Lueker stated City parks are categorized differently, and Bayshore Bluffs is considered a Class D park (natural area). She addressed concerns raised by the homeowners. Councilmember Luna stated the park adds value to the homeowners' property, and was provided specifically for the development. He added perhaps the property owners could maintain the park. Councilmember Unger asked if the residents maintain the park, can it be closed to the public? Mr. Hunt responded the park cannot be closed to the public. Councilmember Unger asked if there are any boat slips on this property? Harbor Director Rick Algert responded there are liveaboards in this area which are assessed a fee for public facility uses. Councilmember Crotzer asked if the park property can be used for something else? Mr. Hunt responded not likely because it would be contrary to the subdivision map and zoning of the property. Councilmember Crotzer stated the development of Bayshore Village would not have gone forward without the dedication of the park; • therefore, other City residents should not have to pay for it. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1994 PAGE 10 • He said when residents of Bayshore Village bought into the project, they were aware of the assessment district. Councilmember Crotzer stated liveaboards should share in the assessment if the facilities are being used by them. He supports maintaining the assessment. Councilmember Mullen stated there are problems that need to be addressed. She said she is not adverse to the homeowners maintaining the park on a one-year trial basis; however, the maintenance district is part of the conditional use process. Councilmember Mullen stated the City does not have the funds to maintain the park and she approves maintaining the assessment district. Mayor Yates stated the homeowners signed the agreement to maintain the assessment district which he supports. He said the City does not have the funds to maintain the park. Mayor Yates asked for clarification regarding the 1985 assessment district agreement. Mr. Weisse, past president of the homeowners association, stated the City agreed to maintain the park. He said FSLIC took over the project, and at that time there was a clause the property owners would be required to pay for the maintenance of the park. • The developer, Spike Lynch, stated if the homeowners did not maintain the assessment district, he would walk away from the project. Mayor Yates recommended Council adjourn to Closed Session. MOTION: Councilmember Luna moved Council adjourn to Closed Session due to threatened litigation (Government Code Section 54956.9-C). The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Council adjourned to Closed Session at 9:17 p.m.; and resumed to Regular Session at 9:42 p.m. Mayor Yates asked if the assessment can be lowered at this meeting? Mr. Hunt responded Council is in a bind because the assessment has to be transmitted to the County by August 10, 1994. He said another option would be to determine an assessment that Council finds justifiable; then the statute of limitations can be extended for the homeowners to challenge the Council's decision within 60 days. He said during that time, an agreement could be negotiated with the homeowners association to take over maintenance of the park; the assessment can then be cancelled and a refund can be made. Mr. Hunt stated the State Department of Real Estate regulations do not preclude the City from contracting with the homeowners association to maintain the park. The • assessment district would be preserved as an entity, and the assessment would be reduced to zero. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1994 PAGE 11 Mr. Hunt strongly believes an indemnity contract be required wherein the homeowners association would defend, indemnify, and hold the City harmless from any liability, litigation, costs, and attorney's fees that arise out of their obligation to maintain the park whether or not they are negligent; and provide insurance to the City as an additional primary insured, so that if a suit arose, their insurance company will defend and provide indemnity for the City. Mayor Yates asked how much money the County Tax Assessor receives per lot? Ms. Lueker responded the City receives $398 and the County receives $2 per lot. MOTION: Councilmember Mullen moved Council adopt Resolution No. 64-94; direct a letter to the County Assessor to be signed by the Mayor requesting an extension of time from July 15, 1994 to August 10, 1994 or later; agree to extend the statute of limitation by sixty days on the assessment in order to work with the homeowners association to determine if they want to maintain the park and to create a contract to that affect; and, if an agreement is reached with the homeowners association, the assessment will be cancelled and money . refunded to the property owners. The motion was seconded by Councilmember Luna. Councilmember Luna asked for clarification regarding the time frame. Mr. Hunt responded the City agrees to extend the statute of limitations on the protest hearing to 60 days and use that time to negotiate with the homeowners association. Councilmember Mullen stated Council is not releasing the assessment district but looking at other ways to get the work done and hopefully satisfy the issues addressed by the homeowners. The motion carried unanimously. (5-0) D-2 ORDINANCE NO. 440 ESTABLISHING "HEALTH CARE FACILITIES" SPECIAL WATER RATES (FIRST READING/INTRODUCTION) Public Works Director Bill Boucher reviewed the ordinance providing for special water rates for licensed health care facilities and recommended approval of Ordinance No. 440 for first reading and introduction. Mayor Yates opened the hearing for public comment. Charles Palmer addressed Council on the subsidy of water rates • for the local health facility. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1994 PAGE 12 Ken Cess, Executive Director of Seashell Communities, stated this ordinance is an incentive for the complex to further economize on their water bills. Mayor Yates closed the hearing for public comment. MOTION: Councilmember Unger moved Council have Ordinance No. 440 read by title and number. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) City Administrator Dave Howell read Ordinance No. 440 by title and number. MOTION: Councilmember Unger moved Council approve Ordinance No. 440 for first reading and introduction. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) C. NEW BUSINESS C-1 CONSIDERATION OF EMBARCADERO PARKING CONTROLS Councilmember Luna introduced this item at the request of Rodger Anderson, an owner of the Galley Restaurant. Councilmember Luna • reviewed the possibilities of creating one-way traffic on a portion of the Embarcadero and a pilot project striping diagonal parking spaces and implementing a four-hour parking limit on a specific stretch of the Embarcadero. Rodger Anderson reviewed the proposed circulation on the Embarcadero. He suggested a trial program of 4-hour parking during the hours of 12:00 p.m. to 10:00 p.m.. Councilmember Unger asked how the parking limit would be enforced? Mr. Anderson responded perhaps marking tires by police staff. Councilmember Luna stated the Parking Management Plan continues to be postponed and parking along the Embarcadero needs to be rectified. Councilmember Crotzer stated precedent has been set on diagonal parking within the City and this proposal makes sense. Councilmember Mullen asked for clarification on the procedure of enforcement. Mr. Howell responded there are Police Department volunteers who could be utilized; however, they may not be available seven days per week. He recommended a survey to see what a good time would be to limit parking. Public Works Director Bill Boucher stated he would like to bring back a recommended plan to Council. Mr. Boucher said there is no provision for limited parking in the Parking Management Plan; MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1994 PAGE 13 however, the General Plan Circulation Element does have such provisions. Mr. Howell said staff could have a more definitive plan back to Council at their July 25, 1994 meeting. MOTION: Councilmember Luna moved Council direct staff to conduct an analysis and provide a report on enforcement issues as well as cost analysis created by a 4-hour parking zone on the Embarcadero. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) MOTION: Councilmember Luna moved Council direct staff to return with proposed sketches creating specific areas of the Embarcadero with one-way circulation and diagonal parking, along with a cost analysis. The motion was seconded by Councilmember Unger. Councilmember Mullen stated she will not support this motion until the Parking Management Plan and Waterfront Specific Plan are adopted. Councilmember Crotzer and Mayor Yates agreed that the one-way circulation proposal is in the Parking Management Plan. is withdrew Luna withdrew his motion; and Councilmember Unger withdrew her second. C-2 PROPOSAL FOR WORKSHOP REGARDING HEALTH/ENVIRONMENTAL ISSUES Councilmember Mullen reviewed local concerns regarding health difficulties relating to elements in the environment. She asked for Council's support to conduct a public workshop to bring the public together with local regulatory agencies to discuss these health issues. The consensus of Council was in support of conducting a public workshop. MOTION: Councilmember Mullen moved Council support the concept of holding a public workshop in September to address health and environmental issues in the community and to invite all parties that are involved with this issue, including public and private agencies, as well as state and federal agencies. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) MOTION: Councilmember Unger moved Council suspend the rules to go beyond 11:00 p.m. in order to hear the remainder of the agenda. The motion was seconded by Mayor Yates and unanimously carried. (5-0) a MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1994 PAGE 14 C-3 EMERGENCY PLAN UPDATE Fire Chief Jeff Jones reviewed the disaster preparedness report. Councilmember Crotzer asked if there is a contingency plan to remove emergency vehicles out of the station in case of a disaster. Chief Jones responded the vehicles are removed from the station if there is ground movement. Councilmembers Mullen and Luna stated elected officials should go through disaster preparedness training. Chief Jones stated training should be necessary for all City employees. No action was taken on this item. C-4 DISCUSSION TO HOLD WORKSHOP WITH SAN LUIS OBISPO COUNTY ENGINEERING REGARDING STATE WATER Councilmember Unger addressed Council on sponsoring an informational forum/workshop inviting all parties that are involved with State Water in order to get as much information on State Water as possible. • Mayor Yates supported the concept of sponsoring a workshop. He said his perception of this workshop would be a panel discussion with possibly an angle of debate. Councilmember Mullen addressed concerns with Council sponsoring this workshop and recommended another community group conduct a debate. Councilmember Luna stated the timing on holding a public workshop is not right with the Special Election coming up on August 9th. No action was taken on this item. F. ADJOURNMENT MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) The meeting adjourned at 11:25 p.m. Recorded by: Bridg t Davis City Clerk �i Z m City of Morro Bay A, City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - JUNE 27, 1994; 5:15 P.M. CLOSED SESSION - JUNE 27, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION ♦ STATUS REPORT ON ALL PENDING LITIGATION ♦ CITY OF MORRO BAY V. PRICE, SAN LUIS OBISPO SUPERIOR COURT CASE NO. 67297 E-2 GOVERNMENT CODE SECTION 54956.9(C), POSSIBLE INITIATION OF LITIGATION ♦ DISCUSSIONS WITH COUNSEL REGARDING EXISTING FACTS AND CIRCUMSTANCES TO DECIDE WHETHER TO INITIATE LITIGATION IN TWO POTENTIAL CASES E-3 GOVERNMENT CODE SECTION 54957, PERSONNEL ♦ DISCUSSIONS REGARDING CONSIDERATION OF ACTION TO EMPLOY ACTING/INTERIM CITY ADMINISTRATOR AND POSSIBLE DISCIPLINE OR RELEASE OF A PUBLIC • EMPLOYEE PUBLIC SESSION - JUNE 27, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. LA-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF MAY 8, 1994 - THIS ITEM HAS BEEN PULLED FROM THE AGENDA 1 A-2 STATEMENT OF CASH AND INVESTMENTS - MAY 1994 0-3 EXPENDITURE REPORT - MAY 1994 A-4 WATER SUPPLY STATUS REPORT A-5 STATUS REPORT ON SIGN CONFORMITY PROGRAM AND FUTURE SIGN ORDINANCE REVISIONS A-6 AGREEMENT FOR MUTUAL FIRE PROTECTION AID A-7 REQUEST FOR 4TH OF JULY FEE WAIVER A-8 DECLARATION OF SURPLUS PROPERTY (FIRE DEPT. ENGINE ONE AND UTILITY ONE) A-9 DECLARATION OF SURPLUS PROPERTY (1984 FORD ESCORT AND 1971 GMC DUMP TRUCK) A-10 ACCEPT RESIGNATION FROM STREETS AND TREES COMMITTEE MEMBER DONNELLY AND AUTHORIZATION TO ADVERTISE VACANCY A-11 PROCLAMATION DECLARING JULY 1994 AS "RECREATION & PARKS MONTH" A-12 PROCLAMATION DECLARING SEPTEMBER 1994 AS "U.S. CONSTITUTION OBSERVANCE MONTH" •-13 APPROVAL OF INTERIM CITY ADMINISTRATOR CONTRACT B. UNFINISHED BUSINESS B-1 STREAMLINING REPORT FROM STAFF COMMITTEE IDENTIFYING MEASURES BEING IMPLEMENTED TO STREAMLINE THE PERMIT PROCESS AND TO BETTER EDUCATE THE PUBLIC - THIS ITEM HAS BEEN PULLED FROM THE AGENDA B-2 REDESIGN OF PAINT SCHEME FOR EXTERIOR OF MORRO BAY DIAL -A -RIDE BUSES AND INTERIOR ADVERTISING C. NEW BUSINESS C-1 REVIEW OF THE DRAFT MORROS WORK PROGRAM C-2 REQUEST FOR LETTER OF SUPPORT FROM SAN LUIS OBISPO ARTS COUNCIL FOR NATIONAL ENDOWMENT FOR THE ARTS GRANT FUNDING C-3 EMERGENCY PLAN UPDATE C-4 APPROVAL OF FINAL MAP FOR TRACT 2110; NORTH POINT SUBDIVISION C-5 CONSIDERATION OF AN EMERGENCY ORDINANCE TO EXPAND USES ON RESTRICTIVE ZONING DESIGNATIONS +1 D. PUBLIC HEARINGS. REPORTS & APPEARANCES 0-1 CONSIDERATION OF FLAT AND VARIABLE WATER RATE SCHEDULES REFLECTING $2.4 MILLION DOLLAR REVENUE ESTIMATES D-2 APPROVAL OF FISCAL YEAR 1994/95 BUDGET D-3 CONSIDERATION OF AN APPLICATION FOR ECONOMIC DEVELOPMENT PLANNING ACTIVITY TO THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM D-4 AUTHORIZATION TO EXECUTE GRANT AGREEMENT FOR FUNDING OF TIDELANDS PARK PHASE III D-5 APPEAL OF PLANNING COMMISSION DECISION ON ENFORCEMENT ACTION (2970 GREENWOOD AVENUE; HOLINBECK) - CONTINUED TO JULY 25, 1994 CITY COUNCIL MEETING F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. • IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. A 3 MINUTES - MORRO BAY CITY COUNCIL •REGULAR MEETING - JUNE 27, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:16 p.m. ROLL CALL PRESENT: Mayor Yates Colby Crotzer Ben Luna Susan Mullen Ahnawake Unger ABSENT: None STAFF: Dave Howell David Hunt Rick Algert Bill Boucher Dolores Dahlin Don Funk Jeff Jones Joe Loven Andrea Lueker Mayor Councilmember Councilmember Councilmember Councilmember Interim City Administrator City Attorney Harbor Director Interim Public Works Director Personnel Secretary Community Development Director Fire Chief Acting Police Chief Recreation & Parks Director Richard Haskett led the Pledge of Allegiance. 0 LIGHTEN UP Geraldine Price presented the "Lighten Up" for this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates announced the Fourth of July Celebration on Monday, July 4th, at the High School. Mayor Yates announced the second phase of the People's Self Help Housing Project (21 units) was funded. Mayor Yates welcomed Dave Howell as the Interim City Administrator. Also, announced Joe Loven is now the Acting Police Chief. Mayor Yates welcomed the Sun Bulletin's new reporter, John Wynacht. Mayor Yates and Jeff Jones presented Certificates of Appreciation to Spenser MCCutchen for assisting the Fire Department and Gary Knight for his heroic action by rescuing a person from a burning vehicle. Mayor Yates announced that Council took the following action in closed session on June 13, 1994: (1) Council terminated Forrest Henderson as City Administrator with •four months severance pay; (2) appointed Dave Howell as Interim City Administrator; and (3) both actions were taken on a 5-0 votes by Council. OR Council took further action on June 20th, 1994 on this topic as follows: (1) rescinded the actions of June 13, 1994 and gave Mr. Henderson a 30 day notice with intent to remove him under Morro Bay Municipal Code § 2.12.230; (2) suspended Mr. Henderson for 30 days pending intended removal as authorized by Morro Bay Municipal Code §2.12.250; and (3) agreed to employ David Howell as Interim City Administrator for a term of 8 months until Feb. 15, 1995 at the first step of the City Adminis- trator's salary. The decision will be made at that time if Mr. Howell will continue as City Administrator or return to his Division as Chief of Police. City Attorney added that all of the subsequent decisions made on the subject in closed session were also by 5-0 vote. Mayor Yates introduced Skipper Mark Murakami of the Coast Guard. Councilmember Luna reported on the trolley operations. PUBLIC COMMENT Charles Palmer discussed an article regarding property rights. He requested that the City review the 14.44 Municipal Code. Dale Riddell addressed Council regarding a Consent Item which had been discussed at a recent Planning Commission Meeting. •Councilmembers agreed to meet separately with him to resolve this matter. • Geraldine Price complimented the Mayor and Council for the appointment of Mr. Howell. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Crotzer reported that copies of the proposed Smoking Ordinance were available at the City Administrator's office and a copy has been forwarded to the Chamber office; however, the City Attorney's review had not been completed. Requested this be agendized ,for the next meeting. Susan Mullen requested a workshop be conducted with various public health services, PG&E, Chevron, etc. regarding health concerns raised by the public. Councilmember Unger requested updates of payments due on the Twin Bridges project, the SLO Brewing Co., and the bottling company that was interested in the desal plant. Requested public hearing to discuss legal opinions regarding contracts and the bonds that have been sold for State Water Project. Councilmember Luna commented on the Supreme Court decision cited by Mr. Palmer earlier. F • A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF MAY 8, 1994. Pulled from the Agenda A-2 STATEMENT OF CASH AND INVESTMENTS - MAY 1994 Mr. Howell recommended Council accept the report for file. A-3 EXPENDITURE REPORT - May 1994 Mr. Howell recommended Council accept the report for file. A-4 WATER SUPPLY STATUS REPORT Mr. Howell recommended Council accept the report for file. A-5 STATUS REPORT ON SIGN CONFORMITY PROGRAM AND FUTURE SIGN ORDINANCE REVISIONS Mr. Howell recommended Council accept the report for file. • A-6 AGREEMENT FOR MUTUAL FIRE PROTECTION AID Mr. Howell recommended Council accept this report and authorize the Mayor to sign an agreement with the County of San Luis Obispo, Service Area No. 9, Zone B (South Bay Fire District) to reestablish an agreement for the provision of Mutual Fire Protection Aid. A-7 REQUEST FOR 4TH OF JULY FEE WAIVER Mr. Howell recommended Council accept this report and waive the Fire Department Special Use Permit Fees for the 1994 July 4th Public Fireworks Display. A-8 DECLARATION OF SURPLUS PROPERTY (FIRE DEPT. ENGINE ONE AND UTILITY ONE) Mr. Howell recommended the Council accept this report and declare the following Fire Department vehicles as surplus property: Engine 1 1969 Ford/Howe Pumper City I.D. 0001 Utility 1 1979 Ford Van City I.D. 1652 A-9 DECLARATION OF SURPLUS PROPERTY (1984 FORD ESCORT AND 1971 GMC DUMP TRUCK) Mr. Howell recommended Council declare the 1984 Ford Escort and 1971 •1-ton dump truck surplus to the City's needs and direct both be sold at auction. 3 A-10 ACCEPT RESIGNATION FROM STREET AND TREES COMMITTEE MEMBER • DONNELLY AND AUTHORIZATION TO ADVERTISE VACANCY. Mr. Howell recommended Council accept Mr. Donnelly's resignation, with regret, and direct staff to advertise the vacancy for applications. The unexpired term runs to December 31, 1996. A-11 PROCLAMATION DECLARING JULY 1994 AS RECREATION & PARKS MONTH Mr. Howell recommended the Council direct the Mayor to sign the proclamation. A-12 PROCLAMATION DECLARING SEPTEMBER 1994 AS "U.S. CONSTITUTION OBSERVANCE MONTH" Mr. Howell recommended the Council direct the Mayor to sign the proclamation. A-13 APPROVAL OF INTERIM CITY ADMINISTRATOR CONTRACT Pulled from the agenda. MOTION: Councilmember Luna moved Council approve the Consent Calendar with the exception of Items A-1, A-4, A-5, A-6 and A-13. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) • A-4 WATER SUPPLY STATUS REPORT Councilmember Unger commented on the State Water Project Status regarding the bids for the Phase I Choro Pipe Line. Stated bids were opened this date and will probably be awarded tomorrow. Councilmember Luna asked if the raise in per capita consumption was based on the tourist consumption. Mr. Boucher replied yes. No action required. A-5 STATUS REPORT ON SIGN CONFORMITY PROGRAM AND FUTURE SIGN ORDINANCE REVISIONS Councilmember Luna commented on the two outstanding sign issues which need resolution. Requested information on the time frame to bring to conclusion and process. Mr. Funk, Director, Community Development stated both of these properties are now working with staff. No action required. A-6 AGREEMENT FOR MUTUAL FIRE PROTECTION AID Councilmember Luna asked why an indemnity clause was not included as part of this agreement. City Attorney stated he has discussed this with Fire Chief in the past, however, not specifically with this document and stated his preference is the City always have an indemnity clause clearly delineating the responsibility for control of our employees. • MOTION: Councilmember Luna moved that this be returned to staff and an indemnity clause be included by the City Attorney. Motion seconded by Councilmember Mullen and unanimously carried. (5-0) 4 B. UNFINISHED BUSINESS • B-1 STREAMLINING REPORT FROM STAFF COMMITTEE IDENTIFYING MEASURES BEING IMPLEMENTED TO STREAMLINE THE PERMIT PROCESS AND TO BETTER EDUCATE THE PUBLIC. This item was pulled from the Agenda. B-2 REDESIGN OF PAINT SCHEME FOR EXTERIOR OF MORRO BAY DIAL -A -RIDE BUSES AND INTERIOR ADVERTISING Mr. Boucher presented three design concepts for the exterior paint scheme on MBDAR vehicles which are to be purchased later this year and recommmended the exterior paint scheme be applied only to new MBDAR vehicles. Also, discussed the feasibility of advertising on the interior and exterior of these vehicles. Staff determined it was not feasible to advertise because of the cost and limited space. It was suggested to use the blue, aqua and mauve color design with sea gulls and would eliminate all advertising. Mayor Yates call for a break at 7:20 and meeting resumed at 7:35 p.m. NEW BUSINESS C-1 REVIEW OF THE DRAFT MORROS WORK PROGRAM County of San Luis Obispo General Service Dept. had submitted a •request for council's consideration to assist in funding a study work program for the Morro's. The draft program has been completed and a copy has been included. Tim Gallagher, Parks Mgr. County SLO, and Jan De Leo, Park Planner made a presentation explaining the Plan and the work study program. He identified the study area, stated an advisory council will be selected to created the development plan consisting of representatives from Morro Bay, San Luis Obispo, Ag liaison, Environmental organizations, etc. Commented they were looking for input and financial support. Stated the City of Morro Bay previously adopted a resolution to endorse the concept and are looking for a $5 to $10 thousand dollar contribution for development of the plan. After discussion, Councilmember Mullen commented that this is a master plan and asked that the concept be endorsed through a vote of doing the master plan and address the financing issue later. MOTION: Councilmember Mullen moved to endorse the draft work plan; Councilmember Luna seconded and unanimously carried. (5-0) Moved to Public Hearing portion of the meeting and will return to Item C-2 at the end of the Public Hearings. PUBLIC HEARINGS, REPORTS AND APPEARANCES.' 5 •D-1 CONSIDERATION OF FLAT AND VARIABLE WATER RATE SCHEDULES REFLECTING $2.4 MILLION DOLLAR REVENUE ESTIMATES Mr. Boucher, as directed by Council, commented on the revisions made to the proposed budget eliminating projects that are necessary only to accommodate the State Water Project resulted in a FY 94-95 budget in the amount of $2,476,168. Included in this revision is a flat rate schedule of $4.94/unit to accommodate that revenue need and a couple of options on variables. Variable #1 is an increase of 34% across the board over the existing rates. Variable #2 pertains to Residential Health Care facilities who consume 2.3% of the water and pay approximately 3.5% of the annual revenue and proposes to freeze health care facilities at their existing rate structure. This would result in an additional 1% increase across the board for all other users in order to retain the existing structure for the health care facilities. Mayor Yates opened the hearing for public comment. Charles Palmer stated his understanding was the staff was directed to come back with a water rate designed to produce $2.4 million. Stated staff did not follow instructions and data is inaccurate. Presented data to Council he prepared based on existing rates formula. Mr. Ken Cess, Seashell Community, asked consideration for variable rate, Option 3, and reconsideration of Resolution 44-93 which capped • the rate at the billing at 10 units to the first 800 units. John Lemmons urged City Council not to adopt a flat rate as it is not equitable increase to 99% of rate payers. Linda Donnelly stated she was low end user and agreed with J. Lemmons statement and is against the flat rate. Mayor Yates closed the hearing for public comments. Council discussed the various options and the revenue each would produce along with the needed funds for scheduled maintenance projects, debt service, reserve fund and contingencies in the proposed budget. Mr. Boucher stated there is an approximate 8% increase in operational expenses as there were functions being performed on behalf of the Water Division that have been funded by other sources. Also, discussed reduced rates for the Health Care facilities per Resollution 44-93 and consensus was that the Council was obligated to a flat rate to initiate that action. Staff was asked to bring the amended ordinance to the next Council Meeting. Staff was directed to bring back an amended ordinance establishing the findings for the health care facility. MOTION: Councilmember Mullen moved to support the option (Variable 2) where the existing rate structure is raised 35% and initiate the resolution from November 1993 to give price • breaks to health care facilities using the formula of charging the 10 unit rate up to 800 units and above the 800 units it would revert to the regular schedule. If there are multiple meters it would combine all meters for a total reading. Councilmember Luna seconded the motion; • the motion carried unanimously. (5-0) Mayor Yates called for a break at 8:45 p.m.; the meeting resumed at 9:10 p.m. D-2 APPROVAL OF FISCAL YEAR 1994/95 BUDGET There was discussion regarding the allocation of certain monies; Mayor Yates stated that a $7000 contingency fund had been established for items which may have been overlooked. Councilmember Unger asked if money was retained for the Nacimiento study; Mr. Boucher stated $98,000 has been budgeted. Councilmember Mullen questioned Item 5, Page 2 of the resolution regarding the reserve for emergencies of $100,000 and asked if that wasn't the $800,000 reserve. There is $100,000 set aside for the facade improvement reserve. This should be done by resolution. Mayor Yates opened the hearing for public comment: John Lemons, asked about the 2.5% of the value of the structure as new building fees. Mr. Lemons felt this was an out -of -line for the amount of work performed. Dale Reddell stated he was not aware of that the building fees were going to be raised and felt they are already prohibitive. Suggested that the Department be streamlined to save money. • Mayor Yates closed the hearing for public comment. Mayor Yates recommended the Community Development Department be specifically brought back for at mid year budget review to see if the proposed fees are warranted to cover the costs. MOTION: Councilmember Mullen moved to adopt Resolution 48-94 adopting the fiscal year 1994-1995 budget and in addition adopt Resolution 47-94 establishing the new annual spending limits for the City of Morro Bay, with the Resolution Item 5, Page 2 changed to reflect $800,000. This motion was seconded by Councilmember Crotzer. Discussion: Councilmember Luna stated he would not vote for the motion nor for the budget and remarked that he felt priorities were placed on wrong kind of things. Councilmember Unger stated she agreed with Councilmember Luna. VOTE: Motioned carried 3 - 2; Councilmembers Luna and Unger descenting. C-3 CONSIDERATION OF AN APPLICATION FOR ECONOMIC DEVELOPMENT PLANNING •ACTIVITY TO THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM III Mr. Funk reviewed the project and recommended the City Council •approve the language of the application and direct the City Administrator to submit the application to the Department of Housing and Community Development. The purpose of the grant is to request funds to develop business retention and attraction study and strategy for the City. The study will identify potential project which will provide an opportunity for existing businesses to expand. Mayor Yates opened the hearing for public comment. Linda Donnelly asked if this was for redevelopment? Councilmember Mullen answered "no". Mayor Yates closed the hearing for public comment. MOTION: Councilmember Unger moved to approve Resolution 63-94 as amended; motion seconded by Councilmember Luna and unani- mously approved. (5-0) D-4 AUTHORIZATION TO EXECUTE GRANT AGREEMENT FOR FUNDING OF TIDELANDS PARK PHASE III. Staff reviewed Staff Report and recommend the City Council execute the Department of Boating and Waterways grant agreement and provide direction on option for location of the side tie docks and preferences on the parking lot configuration. • Mayor Yates opened the hearing for public comment. Jim Wood stated that pull throughs must be made "user friendly" and commented he liked Parking Option 2 and in the east lot he preferred Option 2 and preferred Option 2 for the dock location. Dana McLish stated he felt none of the homeowners were aware of this plan and wanted to know if they would be advised and be able to have input. Mayor Yates closed the hearing to public comment. After discussion by the Councilmembers regarding the different configurations of the parking lots referred to in the options provided for review along with the side -tie docks most preferred Option 2 as the plan for the parking and preferred Option 1 for the side tie docks. Councilmember Luna asked if the Harbor Advisory Board had input to this plan and Mr. Algert assured the Council that the Board did review and were in favor of the project but did not address the specific site locations. MOTION: Mayor Yates moved to approve Resolution 62-94 and support Option 2 for the side tie dock, Option 2 the water side parking lot and Option 1, as amended by the Community Development Director, for the East Lot. Councilmember Colby seconded this motion and unanimously approved. (5-1) 12 D-5 APPEAL OF PLANNING COMMISSION DECISION ON ENFORCEMENT ACTION • (2970 GREENWOOD AVENUE; HOLINBECK) Continued to July 25, 1994 City Council Meeting. NEW BUSINESS (CONT'D) C-2 REQUEST FOR LETTER OF SUPPORT FROM SAN LUIS OBISPO ARTS COUNCIL FOR NATIONAL ENDOWMENT FOR THE ARTS GRANT FUNDING City Administrator recommended that the City Council review the request of the San Luis Obispo County Arts Council and consider a letter of support for the Arts Council in their efforts to secure a grant from the National Endowment for the Arts. Mr. Don West a representative of the Art Council made a presentation on the project and asked for the Council's support. MOTION: Councilmember Mullen moved to support the Arts Council in their application to the NEA for grant funding; seconded by Councilmember Unger and unanimously approved. (5-0) C-3 EMERGENCY PLAN UPDATE Continued to a later meeting. • C-4 APPROVAL OF FINAL MAP FOR TRACT 2110; NORTH POINT SUBDIVISION This is the improvement agreement and conditions of approval required prior to recordation of the final map have been met. Staff recommends that Council accept the final map for Tract 2110, Lot 11 in fee, the improvement agreement and water and sewer easements as shown upon the map and that Council accept the public access easements across Lots 11 and 12 recorded May 17, 1994. Mr. Boucher asked for a language change in the Resolution under "Now therefore be it resolved" be amended to read "that the City Council of the City of Morro Bay does hereby accept the final map of Tract 2110, does hereby approve the Tract's improvement agreement, does accept on behalf of the public the offer of dedication and fee of Lot 11 and the water, public sanitary sewer and public access easements, etc." MOTION: Mayor Yates moved to approve Resolution 61-94 as amended by the Public Works Director; seconded by Councilmember Luna; approved by a vote of 4-1, Councilmember Unger descenting. C-5 CONSIDERATION OF AN EMERGENCY ORDINANCE TO EXPAND USES OF RESTRICTIVE ZONING DESIGNATIONS City Administrator requested that the City Council review and discuss the letter from Vice Mayor Mullen regarding the consideration of an emergency ordinance to expand uses on restrictive zoning designations • such as the General Office Zone in the downtown area. Asked that Community Development bring back an emergency ordinance within the next month and the Community Development Director asked if 9 the other zoning categories could be included. The Coastal Commission •will be contacted regarding this question regarding the issuance of an administrative permit for the period of approximately one year. Adjourned at 11:00 p.m. to next regular meeting. Submitted By: J�� xyk�,— Dolores Dahlin • • 10 OF MORRO BAY NOTICE OF BUDGET WORKSHOP SESSION NOTICE IS HEREBY GIVEN that the Morro Bay City Council has scheduled the following Budget Workshop Session to complete discussions regarding the Fiscal Year 1994-95 Preliminary Budget: Thursday. June 23. 1994 - Budget Wrap Up This meeting will be held in the Community Center Multi -Purpose Room, 1001 Kennedy Way. Morro Bay. California and will begin at 7:00�m. • DATED: June 21, 1994 a4v--- WILLIAM YATES, Mayor City of Morro Bay, Califo nia • NOTICE OF S P E C = AL MEETING NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Monday, June 20, 1994 at 5:00 p.m. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California. Council will immediately adjourn to Closed Session to consider the following: ♦ GOVERNMENT CODE 454957.6 - LABOR RELATIONS Discussions with City's representative, David Howell, Interim City Administrator, in preparation for labor negotiations with all labor organizations. ♦ GOVERNMENT CODE §54957 - PERSONNEL ISSUE Discussions with City's representative, David Howell, Interim City Administrator, regarding personnel issues including public employee discipline/release. Notice has been given to the public employee of his right to request the matter be heard in open session. • DATED: June 17, 1994 ( �W, , b� I — WILLIAM YATES, a r City of Morro ay, California 0 City of Morro Bay City Council Agenda Mission Statement The City of Mono Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING — JUNE 13, 1994; 5:15 P.M. CLOSED SESSION — JUNE 13, 1994 CITY HALL CONFERENCE ROOM — 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION ♦ WILLIAM DICKEY V. CITY OF MORRO BAY, WCAB CASE NOS. 88BA60470;71;72 E-2 GOVERNMENT CODE SECTION 54957.6, LABOR RELATIONS ♦ DISCUSSIONS WITH CITY'S REPRESENTATIVE, FORREST HENDERSON, IN PREPARATION FOR LABOR NEGOTIATIONS WITH ALL LABOR ORGANIZATIONS 3 GOVERNMENT CODE SECTION 54957, PERSONNEL 0 DISCUSSIONS REGARDING EVALUATION OF CITY ADMINISTRATOR PUBLIC SESSION — JUNE 13, 1994 VETERANS MEMORIAL HALL — 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE — VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD — Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS • 1 A. CONSENT CALENDAR less an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF APRIL 11, 1994 AND APRIL 25, 1994 A-2 RESOLUTION NO. 57-94 APPOINTING ELECTION OFFICERS AND SETTING POLLING PLACES FOR SPECIAL ELECTION ON AUGUST 9, 1994 A-3 RESOLUTION NO. 54-94 APPLYING FOR RURAL COMMUNITY FIRE PROTECTION GRANT FUNDS A-4 RESOLUTION NO. 58-94 APPROVING REFINANCE OF COMMUNITY CENTER DEBT A-5 AUTHORIZATION TO EXECUTE GRANT AGREEMENT FOR FUNDING OF TIDELANDS PARK PHASE III - THIS ITEM HAS BEEN PULLED FROM THE AGENDA A-6 APPROVAL OF AGREEMENT WITH CAROLLO ENGINEERS A-7 NOMINATION OF CITY REPRESENTATIVE TO CALIFORNIA MEN'S COLONY CITIZEN'S ADVISORY COMMITTEE (DAVE ELLIOTT) A-8 REJECTION OF CLAIM AGAINST THE CITY (STEVE NUKES) 9 ACCEPTANCE OF RESIGNATION OF TOM CAHILL FROM THE FRANCHISE ADVISORY BOARD AND AUTHORIZATION TO ADVERTISE TO FILL THIS VACANCY B. UNFINISHED BUSINESS B-1 STATUS ON AB 1600 STUDY - THIS ITEM HAS BEEN PULLED FROM THE AGENDA C. NEW BUSINESS C-1 APPROVAL OF FINAL MAP FOR TRACT 2110; NORTH POINT SUBDIVISION - THIS ITEM HAS BEEN PULLED FROM THE AGENDA C-2 RESOLUTION NO. 59-94: RECONSIDERATION OF REQUEST FOR APPROVAL OF A SUBLEASE AGREEMENT FOR A PORTION OF LEASE SITES 87-88/87W-88W AND LEASE SITE 89/89W AND SETTING OF GENERAL SUBLEASE APPROVAL POLICY C-3 REQUEST FROM MARINA SQUARE FOR EXTENSION OF TIME FOR PAYMENT OF SECOND INSTALLMENT OF PARKING IN -LIEU FEES AND REQUEST FOR REFUND OF PREVIOUSLY PAID FEES C-4 REVIEW OF THE DRAFT MORROS WORK PROGRAM C-5 REQUEST FOR LETTER OF SUPPORT FROM SAN LUIS OBISPO COUNTY ARTS COUNCIL FOR NATIONAL ENDOWMENT FOR THE ARTS GRANT FUNDING • F C-6 COUNCILMEMBER REQUEST FOR ESTABLISHING OFFICIAL CITY POSITION • REGARDING THE STATE SMOKING ORDINANCE C-7 CONSIDERATION OF REQUESTING SAN LUIS OBISPO COUNTY TO HALT CONSTRUCTION ON THE CHORRO VALLEY PIPELINE UNTIL AFTER THE AUGUST 9, 1994 SPECIAL ELECTION D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 RESOLUTION NO. 55-94 INTENT TO LEVY ANNUAL ASSESSMENT FOR MAINTENANCE AT BAYSHORE BLUFFS PARK D-2 CONSIDERATION OF PARKING WAIVER POLICY FOR DOWNTOWN AREA D-3 RESOLUTION NO. 56-94 AMENDING WATER RATE SCHEDULE D-4 CONSIDERATION OF EMERGENCY INTERIM TREE REMOVAL ORDINANCE F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND • AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. • • n U MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JUNE 13, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: ABSENT: STAFF: CLOSED SESSION Mayor Yates Colby Crotzer Ben Luna Susan Mullen Ahnawake Unger None Forrest Henderson David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Mullen moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 5:15 p.m. and returned to regular session at 5:55 p.m. MOTION: Councilmember Luna moved the meeting be adjourned. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) The meeting adjourned at 5:55 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 13, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None 01 • F `J MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 13, 1994 PAGE 2 STAFF: Forrest Henderson David Hunt Rick Algert Bill Boucher Bridgett Davis Don Funk Rudy Hernandez Dave Howell Jeff Jones Andrea Lueker City Administrator City Attorney Harbor Director Public Works Director City Clerk Community Development Director Finance Director Police Chief Fire Chief Recreation & Parks Director Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Jim Wood presented the "Lighten Up" this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates congratulated Police Chief Dave Howell for successfully passing the State Bar exam. Mayor Yates announced Council's appreciation to Jo L. Merriman for leading the Pledge of Allegiance at every Council meeting. Mayor Yates congratulated and thanked the City's Fire and Police Departments for their handling of the house fire on June 11, 1994. Mayor Yates announced Postmaster Dino Marsango will be chairing the 4th of July celebration this year. Mayor Yates requested Council postpone Item C-5 until the June 27th Council meeting at the request of the San Luis Obispo Council of Arts. Mayor Yates announced a letter was received from the Cayucos Sanitary District requesting postponement of the MB/CSD joint meeting until June 29, 1994; Council concurred. Mayor Yates asked Council for a 4/5 vote to add a New Business item to discuss a grant for $11,000 for a Fisherman's Information Center. MOTION: Mayor Yates moved Council add Item C-I(A) to the agenda to discuss a grant for $11,000 for a Fisherman's Information Center. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Councilmember Mullen asked Council for a vote to reconsider the issue on Item C-2 (approval of a sublease agreement for a portion of Lease Site 87-88). She stated she voted in the affirmative at the last meeting and reconsidered her position. 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 13, 1994 PAGE 3 • MOTION: Councilmember Mullen moved Council reconsider Item C-2 (Resolution No. 59-94, Reconsideration of Request for Approval of a Sublease Agreement for a Portion of Lease Sites 87-88/87W-88W and Lease site 89/89W and Setting of General Sublease Approval Policy). The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Councilmember Mullen announced the Salmon Celebration was a great success. Councilmember Mullen stated she handed out National Youth in Service Awards to Mrs. Peterson's fourth grade class at Del Mar Elementary School for their "Adopt a Grandparent Program" at Seashell Communities. Councilmember Mullen announced she will be on David Congalton's talk show on June 14th to talk about the County Alcohol and Drug Abuse Prevention Program with Tom Sullivan. PUBLIC COMMENT Charles Palmer requested Item A-6 (Approval of Agreement with Carollo Engineers) be pulled and heard as a Public Hearing item for • public input. Suedene Nelson, Chamber of Commerce, thanked Council and staff for their support at the Salmon Celebration. Roger Ewing requested Council consider placing speed bumps on Kern Street and Piney Way instead of the Police Department enforcing the speed through radar. Mayor Yates responded the Streets and Trees Committee is considering placing stop signs on Kern and Piney Way. Jo L. Merriman referred to Item C-6 (Councilmember request for establishing official City position regarding the State Smoking Ordinance) and stated smoking is a public health issue and should not be allowed in public places. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Crotzer requested an item be agendized to discuss the Friends of the Estuary request for $2,000 of bay research funds for a project to collect data on the destruction of the bay. Councilmember Unger requested an item be agendized to receive the City Attorney's opinion on the contracts signed to obtain State Water and the bonds that were sold. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NNE 13, 1994 PAGE 4 • Councilmember Luna requested the following items be agendized: 1) proposal to hold a workshop to discuss the needs of Latinos in Morro Bay; 2) discussion on the sale of advertising on Dial -A -Ride; and 3) receiving a recommendation from the Streets and Trees Committee regarding placing speed bumps on Kern and Piney Way. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF APRIL 11, 1994 AND APRIL 25, 1994 Mr. Henderson recommended Council approve the minutes of April 11, 1994 and April 25, 1994. A-2 RESOLUTION NO. 57-94 APPOINTING ELECTION OFFICERS AND SETTING POLLING PLACES FOR SPECIAL ELECTION ON AUGUST 9, 1994 Mr. Henderson recommended Council approve Resolution No. 57-94 appointing election officers and setting polling places for the Special Election on August 9, 1994. A-3 RESOLUTION NO. 54-94 APPLYING FOR RURAL COMMUNITY FIRE • PROTECTION GRANT FUNDS Mr. Henderson recommended Council approve Resolution No. 54-94 authorizing the Mayor to execute the Agreement for distribution of funds on behalf of the City of Morro Bay Fire Department between the City of Morro Bay and the State of California Department of Forestry and Fire Protection in the amount of $1,850 provided under the Cooperative Forestry Assistance Act of 1978. • A-4 RESOLUTION NO. 58-94 APPROVING REFINANCE OF COMMUNITY CENTER DEBT Mr. Henderson recommended Council adopt Resolution No. 58-94 approving the refund of the Lease Purchase Agreement for the City of Morro Bay Community Center. A-5 AUTHORIZATION TO EXECUTE GRANT AGREEMENT FOR FUNDING OF TIDELANDS PARK PHASE III Mr. Henderson recommended Council pull this item from the agenda. A-6 APPROVAL OF AGREEMENT WITH CAROLLO ENGINEERS Mr. Henderson recommended Council authorize entering into an agreement for professional services with Carollo Engineers. B! MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 13, 1994 PAGE 5 • A-7 NOMINATION OF CITY REPRESENTATIVE TO CALIFORNIA MEN'S COLONY CITIZEN'S ADVISORY COMMITTEE (DAVE ELLIOTT) Mr. Henderson recommended Council approve the Mayor's nomination of Dave Elliott to the CMC Citizen's Advisory Committee. A-8 REJECTION OF CLAIM AGAINST THE CITY (STEVE NUKES) Mr. Henderson recommended Council reject the claim submitted by Steve Nukes and authorize the City Clerk to send the appropriate letter of rejection. A-9 ACCEPTANCE OF RESIGNATION OF TOM CAHILL FROM THE FRANCHISE ADVISORY BOARD AND AUTHORIZATION TO ADVERTISE TO FILL THIS VACANCY Mr. Henderson recommended Council accept Dr. Cahill's resignation, and direct staff to advertise the vacancy for applications. Mayor Yates pulled Item A-1 (Minutes of April 11, 1994) from the Consent Calendar; Councilmember Unger pulled Item A-6. MOTION: Councilmember Unger moved Council approve the Consent Calendar with the exception of Items A-1 and A-6. The motion was seconded by Councilmember Luna and unanimously • carried. (5-0) A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF APRIL 11, 1994 Mayor Yates requested an addition to Suedene Nelson's public comment to include her statement to Council addressing a survey containing 800 signatures regarding restaurants that offered smoking vs. non-smoking in the City. • MOTION: Mayor Yates moved Council approve Item A-1 as amended. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-6 APPROVAL OF AGREEMENT WITH CAROLLO ENGINEERS Councilmember Unger stated she objected to another agreement regarding water and that it is a duplication of information. Public Works Director Bill Boucher stated Carollo Engineers would provide an independent assessment on the technical and financial issues regarding State Water. Mr. Boucher said it would be beneficial to the City to have a professional engineer evaluate the project on the City's behalf. 5 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 13, 1994 PAGE 6 • Councilmember Mullen stated it is difficult obtaining a direct answer through the state and county agencies because of the multiplicity of people working on the project. She said Carollo Engineers could obtain more valid information from these agencies. Councilmember Mullen stated it is a short-term agreement that will cost $19,000 on a $50 million pipeline to have an engineering expert on hand to make sure what is happening is in the city's best interest. Mayor Yates stated the City has spent $1.2 million in water studies and he opposes having another study performed. Councilmember Crotzer asked staff if spending the money on this agreement would result in saving money in the long term and would the City be better informed; Mr. Boucher responded affirmative. MOTION: Councilmember Luna moved Council approve Item A-6 to enter into an agreement with Carollo Engineers for professional services. The motion was seconded by Councilmember Mullen and carried with Mayor Yates and Councilmember Unger voting no. (3-2) B. UNFINISHED BUSINESS B-1 STATUS ON AB 1600 STUDY • This item was pulled from the agenda. C. NEW BUSINESS C-1 APPROVAL OF FINAL MAP FOR TRACT 2110; NORTH POINT SUBDIVISION This item was pulled from the agenda. C-l(A) GRANT PROPOSAL TO THE STATE DEPARTMENT OF FISH & GAME FOR A FISHERMEN'S INFORMATION CENTER IN MORRO BAY Harbor Director Rick Algert presented information regarding a grant available through SB 959 funds in the Fisheries Enhancement Fund that will provide money for a Fishermen's Information Center. Mr. Algert recommended Council approve Resolution No. 60-94 authorizing staff to prepare and negotiate a grant agreement. Cathy Cordero, representing the Morro Bay Commercial Fishermen's Organization (MBCFO), stated the funds are from the local Fisheries Marine Impact Program set aside for fishery enhancement. She said the grant is for $12,000. Councilmember Mullen inquired on how much staff time it will take to prepare the grant, and asked if MBCFO could help in the preparation of this grant? Ms. Cordero responded they will do all • they can to pursue this grant. C4 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 13, 1994 PAGE 7 is MOTION: Councilmember Mullen moved Council approve Resolution No. 60-94 authorizing staff to prepare and negotiate a grant agreement to the State Department of Fish & Game for a Fishermen's Information Center. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Mayor Yates called for a break at 7:30 p.m.; the meeting resumed at 7:45 p.m. C-3 REQUEST FROM MARINA SQUARE FOR EXTENSION OF TIME FOR PAYMENT OF SECOND INSTALLMENT OF PARKING IN -LIEU FEES AND REQUEST FOR REFUND OF PREVIOUSLY PAID FEES Mayor Yates stepped down due to a conflict of interest. Community Development Director Don Funk reviewed the request of Stan Trapp, owner of Marina Square, for an extension of time for payment of the second installment due on parking in -lieu fees and request for refund of previously paid fees. Mr. Funk recommended Council approve a six-month extension of time to pay the remainder of parking in -lieu fees; take no action to refund or cancel in - lieu fees at this time and continue to hold the bonds until an assessment of alternatives has been completed. • Council concurred to approve the six-month extension for payment of the parking in -lieu fees; however, denied the request for refund of previously paid fees. MOTION: Councilmember Luna moved Council approve the request for a six-month extension (January 1, 1995) to pay the remainder of parking in -lieu fees for the Marina Square project. The motion was seconded by Councilmember Unger and unanimously carried. (4-0) D. PUBLIC HEARINGS REPORTS & APPEARANCES D-1 RESOLUTION NO. 55-94 INTENT TO LEVY ANNUAL ASSESSMENT FOR MAINTENANCE AT BAYSHORE BLUFFS PARK Recreation & Parks Director Andrea Lueker reviewed the intent to levy the annual assessment for maintenance at Bayshore Bluffs Park and recommended Council approve Resolution No. 55-94 approving the engineer's report and noticing the City's intention to levy an annual assessment for the Bayshore Bluffs Park Maintenance Assessment District. Mayor Yates opened the hearing for public comment. Bill Dermody, property manager for Bayshore Bluffs, stated the association can maintain the park for less than what the City is • assessing the property owners. 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 13, 1994 PAGE 8 • Karen Stitt stated the assessment district was approved when there were four residents at Bayshore Bluffs and now there are 72 residents. She said the proposed assessment is excessive. Mayor Yates closed the hearing for public comment. Councilmember Luna suggested obtaining a legal analysis to allow the residents to maintain the park. City Attorney David Hunt responded it could be done if the City was the contractor. Councilmember Mullen stated the park was part of the Coastal Commission permit. She said she would like to minimize the costs, but was concerned as to what that will do to the assessment district. Councilmember Mullen stated she would like clarification on the Department of Real Estate issue. Councilmember Crotzer stated there were concerns on the part of the Coastal Commission about allowing the development on the estuary; however, the park was approved to provide public benefit. Councilmember Unger asked for clarification on the legalities and timelines regarding the assessment district. Ms. Lueker responded it has been 45 days from the time the residents have been noticed of the protest hearing scheduled for July 11, 1994. She said the • Engineer's Report has to be approved or the protest hearing can not be held. • Councilmember Luna asked who would be responsible for liability if the park were maintained by an outside contractor? City Attorney David Hunt responded the City could turn over the responsibility to the homeowners association; however, there would still be a chance of liability against the City. Mayor Yates supported the assessment because the homeowners signed the contract; however, agreed that the assessment could be cancelled and turned over to the homeowners. MOTION: Councilmember Mullen moved Council approve Resolution No. 55-94 declaring the City's intention to levy an annual assessment for the maintenance assessment district for Bayshore Bluffs Park. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) MOTION: Councilmember Mullen moved Council direct staff to return to Council at the July 11, 1994 City Council meeting with information from the State Department of Real Estate if a contract would be allowed with the homeowners association; and to work with the association on this issue. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Vj MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 13, 1994 PAGE 9 • D-2 CONSIDERATION OF PARKING WAIVER POLICY FOR DOWNTOWN AREA City Administrator Forrest Henderson recommended this item be continued until the zoning ordinance revision is completed. Mayor Yates opened the hearing for public comment; there were no comments and the public hearing was closed. Staff was directed to bring this item back as a zoning issue. No action was taken on this item. D-3 RESOLUTION NO. 56-94 AMENDING WATER RATE SCHEDULE Public Works Director Bill Boucher reviewed the revised cost estimates of the water rate structure. He stated on March 28, 1994 Council directed staff to develop a flat rate water billing structure with development impact fees as a potential to provide a one-time rate increase adequate to accommodate current and future budgetary needs. Mr. Boucher recommended Council approve Resolution No. 56-94 establishing the proposed water rate structure. Councilmember Mullen asked if water rates would go up regardless of State Water? Mr. Boucher responded it depends on how much capital • is needed. He said the City is capable of maintaining groundwater; however, regulatory groundwater is questionable. Mr. Boucher stated flash distillation would have a capital cost and to not raise rates is putting off the inevitable. Councilmember Crotzer asked if it is true that rates would have to be raised over 150% to pay for the desalination plant and for State Water? Mr. Boucher responded that debt service for the two items total in excess of 50% of the total. Councilmember Crotzer asked when the increase would show on customers' bills? Mr. Boucher responded it would appear on the September bills. Mayor Yates called for a break at 9:15 p.m.; the meeting resumed at 9:30 p.m. Mayor Yates opened the hearing for public comment. Charles Palmer stated high water rates and impact fees will slow growth and decrease revenue. He said unaccounted water loss could be due to faulty meters and the City should consider replacing or repairing these meters. Mr. Palmer stated the City has more than enough water for the coming year. He presented Council with a new set of proposed water rates. Roger Ewing requested Council postpone making a decision on rate increases until after the August 9, 1994 special election. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 13, 1994 PAGE 10 • Ken Cess, Executive Director of Seashell Communities, supported a flat rate structure. He stated that Seashell Communities is at a disadvantage in the proposed rate structure and advocated waiting until there are more definitive numbers before the Council. John Lemons stated the existing curved water rate structure was developed to discourage wasteful use of water. He said changing to a flat line rate structure would be unfavorable to the water users; however, it would benefit the school district. Mr. Lemons expressed his support of investigating a separate rate structure for Seashell Communities. Mayor Yates closed the hearing for public comment. Councilmember Luna asked what would happen if Council did not approve the rate increases tonight? Mr. Boucher responded debts will need to be addressed in the upcoming budget. Councilmember Luna supported the flat rate structure. Councilmember Unger stated the proposed figures are not accurate and Council should postpone this item until after the Carollo Report is received and the August 9, 1994 special election is held. Councilmember Mullen stated the volume -based rate structure encouraged conservation and found it ironic to go back to a flat israte structure because of the large cost of water. She proposed raising the water rates to get to the $2.8 million that the City needs for fiscal year 1994/95 budget which would be approximately $5.63 per unit on a flat rate. Councilmember Mullen stated she agrees postponing action on this item until after the special election. 0 Councilmember Crotzer stated he does not want water rates to drive people out of town. He said a flat rate structure is what is needed at this time. Mayor Yates stated he supports the flat rate structure; and also supports postponing any decision until the figures are more concrete. MOTION: Councilmember Mullen moved Council adopt the flat rate structure and create the flat rate structure to go to $2.4 million revenue estimate for Fiscal Year 1994/95. The motion was seconded by Councilmember Luna and carried with Councilmember Unger voting no. (4-1) 10 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 13, 1994 PAGE 11 • D-4 CONSIDERATION OF EMERGENCY INTERIM TREE REMOVAL ORDINANCE Community Development Director Don Funk reviewed the Emergency Interim Tree Removal Ordinance and recommended Council adopt Ordinance No. 439 establishing an urgency ordinance that either restricts or prohibits tree removals until a permanent tree removal and protection ordinance may be drafted and adopted. Mayor Yates objected to an ordinance that creates a law against private property rights. Councilmember Crotzer stated he does not agree with the fees involved. He said this process gets in the way of removing sick trees; he would like to see an ordinance that protects sentinel or habitat trees. Councilmember Mullen stated she would like an emergency ordinance to protect trees until a new ordinance is drafted. She supports an interim measure for those who willfully violate the law. Councilmember Unger stated she supports the City's tree program; however, she does not support fining people for maintaining their own property. Mayor Yates opened the hearing for public comment. • Charles Palmer stated he does not want to pay a fee in order to remove trees on his property to build a house on an empty lot. Ron Hillman stated the City has no right to tell people what to do on their own property. Roger Ewing stated a process should be maintained that if a tree is removed, another tree should be replanted. Mary Lou Marshall stated she does not agree with the proposed ordinance. Mayor Yates closed the hearing for public comment. Councilmember Luna stated Morro Bay is a Tree City USA, and the City should maintain its tree ordinance. Mayor Yates maintained that the process is too cumbersome and that is why people do not apply for permits. Councilmember Crotzer stated he does not like the idea of an arborist having to prepare a report on a tree. He agrees with a short-term ordinance until a final ordinance is discussed. No action was taken on this item. • 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 13, 1994 PAGE 12 • Mayor Yates called for a break at 10:30 p.m.; the meeting resumed at 10:35 p.m. MOTION: Councilmember Mullen moved Council add variable rates to the Water Rate Schedule. The motion was seconded by Councilmember Unger and carried with Mayor Yates voting no. (4-1) MOTION: Councilmember Mullen moved Council go beyond the 11:00 p.m. time limit to hear the remainder of the agenda. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) C-2 RESOLUTION NO. 59-94: RECONSIDERATION OF REQUEST FOR APPROVAL OF A SUBLEASE AGREEMENT FOR A PORTION OF LEASE SITES 87- 88/87W-88W AND LEASE SITE 89/89W AND SETTING OF GENERAL SUBLEASE APPROVAL POLICY Councilmember Mullen stated she reconsidered her position on this matter because she does not believe a leaseholder should not be required to sign a Consent to Sublease form. She asked staff to draft language in case a reconsideration was accepted in order to cover liability of the City in the resolution. MOTION: Councilmember Mullen moved Council approve Resolution No. . 59-94 reconsidering the request for approval of a sublease agreement for a portion of Lease Sites 87- 88/87W-88W and Lease Site 89/89W and setting of general sublease approval policy. The motion was seconded by Mayor Yates and carried with Councilmember Crotzer and Councilmember Luna voting no. (3-2) C-4 REVIEW OF THE DRAFT MORROS WORK PROGRAM This item was continued to the June 27, 1994 City Council meeting. C-5 REQUEST FOR LETTER OF SUPPORT FROM SAN LUIS OBISPO COUNTY ARTS COUNCIL FOR NATIONAL ENDOWMENT FOR THE ARTS GRANT FUNDING This item was continued to the June 27, 1994 City Council meeting. C-6 COUNCILMEMBER REQUEST FOR ESTABLISHING OFFICIAL CITY POSITION REGARDING THE STATE SMOKING ORDINANCE City Administrator Forrest Henderson recommended the City Council direct staff to send a letter to state representatives and the League of California Cities stating the City's position opposing state mandates in areas where local control should have preference. 12 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 13, 1994 PAGE 13 • MOTION: Councilmember Unger moved Council direct staff to send a letter to state representatives and the League of California Cities stating the City's position opposing state mandates in areas where local control should have preference. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) C-7 CONSIDERATION OF REQUESTING SAN LUIS OBISPO COUNTY TO HALT CONSTRUCTION ON THE CHORRO VALLEY PIPELINE UNTIL AFTER THE AUGUST 9, 1994 SPECIAL ELECTION City Administrator Forrest Henderson recommended the City Council consider requesting the County of San Luis Obispo to halt construction on the Chorro Valley Pipeline until after the City of Morro Bay Special Election to be held on August 9, 1994. Mayor Yates stated he will not support this recommendation. MOTION: Councilmember Unger moved Council direct staff to write a letter to the County of San Luis Obispo Board of Supervisors to halt construction of the Chorro Valley Pipeline until after the City of Morro Bay Special Election regarding State .Water to be held on August 9, 1994. The motion was seconded by Councilmember Crotzer and carried with Mayor Yates and Councilmember Luna • voting no. (3-2) F. ADJOURNMENT MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) The meeting adjourned at 11:30 p.m. Recorded by: Bridget City Clerk • 13 0 NOTICE O F S P E C= AL PUBL = C MEET 2 NG NOTICE IS HEREBY GIVEN that a Public Hearing is hereby called by the Morro Bay City Council to be held on the 9th day of June, 1994 at 6:30 p.m. in the Veterans' Memorial Building, 209 Surf Street, Morro Bay, California, to discuss the City's Smoking Ordinance. This Public Hearing will be conducted in a workshop format, with the City Council concluding the meeting with a decision regarding the status of smoking regulations in Morro Bay. DATED: May 27, 1994 �L� �� • WILLIAM YATES, Mayofl City of Morro Bay, U01 ifornia • MINUTES - MORRO BAY CITY COUNCIL WORKSHOP - NO SMOKING ORDINANCE JUNE 9, 1994 VETERANS MEMORIAL HALL - 6:30 P.M. • Mayor Yates called the meeting to order at 6:40 p.m. Mayor Yates opened the meeting with some introductory remarks regarding the consequences of this ordinance and set the groundrules for the Public Comments period. There were 26 people, including health care specialists, who spoke in favor of the ordinance citing various reasons for enforcing such an ordinance. Excerpts from various EPA reports, personal experiences, medical findings, as well as personal rights were cited. Approximately 19 individuals spoke against the ordinance and the restraints it would put on the small business owners. These people included representatives from the Chamber of Commerce, business owners and several citizens who feel banning smoking in public places would create an economic hardship on small businesses. Also stated that approximately 10 Morro Bay restaurants have voluntary changed to "no smoking" places of business. Others cited the loss of business in other communities which have enforced this ordinance. At the end of the public comment period, the Council discussed the issues and testimony of the various individuals. Mayor Yates stated it is an economic issue and cited examples where this ordinance has failed. Said he would favor placarding sites so • people could make an informed choice. Councilmember Crotzer stated his disappointment that the Chamber of Commerce wanted a more compromised posture. Remarked that San Luis Obispo has had no negative effects since enforcing a non-smoking ordinance. Also cited a report from the University of San Franciso which concluded there was no net loss to businesses which have a no smoking policy. Councilmember Mullen gave a personal history regarding smoking and stated that the otherside of freedom is responsibility. Wants smokers to take the responsibility to smoke outdoors. Mentioned that Lodi has a no smoking ordinance and it did not affect businesses adversely. Concerned about employees who work in smoking environment. Commented that signs do not protect employees who must serve all people in restaurants. Very supportive of banning smoking in the workplace. Councilmember Unger stated Proposition 99 was voted in by the citizens of California to provide education for children and health care for the indigent. The California Dept. of Health established Tobacco Control Sections all over the state creating a giant bureaucracy that has been a complete failure. The California Department of Health receives over one-half billion dollars per year for these Tobacco Control Section bureaucracies from Prop 99. In 1992, the National Cancer Institute funded a giant study on ETS: • Passive Smoking and Lung Cancer in Non -Smoking Women, called the Brownson Study. To date, the anti -smoking coalition will not acknowledge existence of that study. The EPA report itself, ETS causes asthma in fundamentally flawed. Congress stated that •support a conclusion passive smoking. says that the evidence is not "conclusive" that children. The EPA's cost -benefit analysis is The Congressional Research Service, Library of the statistical evidence does not appear to that there are substantial health effects from Based on inconclusive evidence, too numerous to go into at this council meeting, Councilmember Unger stated that no one on the council has his/her money invested in any restaurant or motel in the area. Therefore, she feels that the council has no business being the "health police" for the city of Morro Bay. The City at the present time has a smoking ordinance that has worked well for many years. She sees no reason to change it now, particularly at the detriment of business when the whole country is in the middle of a recession. Councilmember Luna stated this was a very difficult issue for him and he tried to be neutral. Commented that he talked with people, read information, and studied public comments. He asked Council for a discussion before making decision. After discussion, Councilmember Luna stated that he definitely will not support a 100% smoking ban in bars. Will not support an immediate ban and would not support anything less than a six month phase in program to allow businesses to make adjustments. Supports exemptions for businesses who can demonstrate an economic loss. Cuncilmember Luna commented that there were other health hazards in bars and restaurants, such as the boilers or barbecue pits used to prepare food. Proposed another meeting be called and at that time •appoint a committee to look at the issues discussed and develop an ordinance accordingly. Councilmember Crotzer stated that the ordinance has already been drafted and much work has been expended and it was important that a decision be reached. MOTION: Councilmember Mullen moved to go forward with a structured ordinance using the draft prepared by Council - member Crotzer and agendize for future Council meeting for discussion and first reading. The motion was seconded by Councilmember Crotzer. After discussion, the motion was restated as follows: MOTION: Councilmember Mullen moved that City of Morro Bay work on a structured smoking ordinance using ordinance prepared by Councilmember Crotzer and incorporating phase in period as presented by Councilmember Luna. The motion was seconded by Mayor Yates and failed with Mayor Yates and Councilmembers Unger and Luna voting no. (2 - 3) MOTION: Mayor Yates moved to table the item and keep the Morro • Bay Smoking ordinance in place. The motion was seconded by Councilmember Unger and failed with Mayor Yates and Councilmember Unger voting yes. (2 -3) Councilmember Crotzer asked if the prepared sample ordinance could be submitted to the City Attorney for legality. • MOTION: Councilmember Mullen moved to submit Councilmember Crotzer's work amended to reflect phasing and exemption of bars and submit to City Attorney, Chamber of Commerce, and make available to general public for review. After sufficient review time, schedule meeting for discussion. The motion was seconded by Councilmember Luna and carried with Mayor Yates and Councilmember Unger voting no. (3-2) ADJOURNMENT: MOTION: Councilmember Luna moved the meeting be adjourned. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) The meeting adjourned at 11:00 p.m. • • Recorded By: dJ L, dd%,�; Dolores Dahlin City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - MAY 23, 1994; 5:15 P.M. CLOSED SESSION - MAY 23, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION ♦ WILLIAM DICKEY V. CITY OF MORRO BAY, WCAB CASE NOS. 88BA60470;71;72 E-2 GOVERNMENT CODE SECTION 54957.6, LABOR NEGOTIATIONS ♦ DISCUSSIONS WITH CITY'S REPRESENTATIVE, FORREST W. HENDERSON, IN PREPARATION FOR LABOR NEGOTIATIONS WITH ALL LABOR ORGANIZATIONS E-3 GOVERNNENT CODE SECTION 54956.8, REAL PROPERTY TRANSACTIONS ♦ INSTRUCTING CITY'S REAL PROPERTY NEGOTIATOR REGARDING THE PRICE AND • TERMS OF PAYMENT FOR THE PURCHASE, SALE, EXCHANGE, OR LEASE OF REAL PROPERTY PUBLIC SESSION - MAY 23, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS 0 1 CONSENT CALENDAR Onless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF MARCH 28, 1994 A-2 WATER SUPPLY STATUS REPORT A-3 STATEMENT OF CASH AND INVESTMENTS - APRIL 1994 A-4 EXPENDITURE REPORT - APRIL 1994 A-5 APPROVAL OF DEPARTMENTAL ROLLOVER SAVINGS A-6 RESOLUTION NO. 50-94 APPROVING SUBLEASE AGREEMENT FOR OPERATION OF FISHERMEN'S GEAR STORAGE FACILITY A-7 APPROVAL OF SUBLEASE FOR LEASE SITE 87-88/87W/88W A-8 APPROVAL OF SUBLEASE FOR LEASE SITE 89-89W A-9 CITY COUNCIL LETTER OF SUPPORT FOR SAN LUIS OBISPO WOMEN'S SHELTER PROGRAM A-10 REJECTION OF CLAIM AGAINST THE CITY - CUNNINGHAM 11 RESOLUTION NO. 51-94 - NOTICE OF COMPLETION OF FISHERMEN'S GEAR STORAGE; PW 93-02 A-12 CONSTRUCTION SCHEDULE MODIFICATION ON UNDERGROUND DISTRICT NO. 5 A-13 CITY COUNCIL DIRECTION TO CITY CLERK TO TRANSMIT TO CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSIS OF MEASURE J (INITIATIVE MEASURE TO RELIEVE CITY OF ANY MANDATORY OBLIGATION CREATED BY PASSAGE OF MEASURE "G") FOR SPECIAL ELECTION TO BE HELD ON AUGUST 9, 1994 (ELECTION CODE §5011) B. UNFINISHED BUSINESS B-1 CONTINUED DISCUSSION ON FORMAT OF SMOKING ORDINANCE WORKSHOP SET FOR THURSDAY, JUNE 9, 1994 B-2 SECOND READING AND ADOPTION OF ORDINANCE NO. 438 ESTABLISHING A ONE- TIME TROLLEY OPERATION AND MAINTENANCE FEE; AND RESOLUTION NO. 52-94 APPROVING MASTER FEE SCHEDULE AMENDMENT B-3 STATUS REPORT ON SIGN CONFORMITY PROGRAM AND FUTURE SIGN ORDINANCE REVISIONS • E *NEW BUSINESS 1 APPROVAL OF FINAL MAP FOR TRACT 2110; NORTH POINT SUBDIVISION - THIS ITEM HAS BEEN PULLED FROM THE AGENDA C-2 APPROVAL TO PROCEED WITH REFINANCING OF COMMUNITY CENTER DEBT D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 PRESENTATION BY CAL POLY STUDENTS ON FACADE IMPROVEMENTS AND STREET IMPROVEMENTS IN THE DOWNTOWN AREA D-2 REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW AN ARCADE USE WITHIN AN EXISTING RETAIL UNIT IN A COMMERCIAL COMPLEX; 400 QUINTANA ROAD D-3 RESOLUTION NO. 49-94 DIRECTING THE PREPARATION OF AN ENGINEER'S REPORT FOR LEVY OF THE ASSESSMENT FOR BAYSHORE BLUFFS MAINTENANCE ASSESSMENT DISTRICT D-4 RECONSIDERATION OF PARKING WAIVER POLICY FOR DOWNTOWN AREA - THIS ITEM HAS BEEN PULLED FROM THE AGENDA D-5 RESOLUTION NO. 53-94 AMENDING OPERATIONS AGREEMENT WITH MAYFLOWER CONTRACT SERVICES TO OPERATE TROLLEY; AND ESTABLISHING TROLLEY FARES AND TROLLEY ADVERTISING RATES •. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. • • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - MAY 23, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: Mayor Yates Colby Crotzer Ben Luna Susan Mullen Ahnawake Unger ABSENT: STAFF: CLOSED SESSION None Forrest Henderson David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Mullen moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. • The meeting adjourned to Closed Session at 5:15 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 23, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 23, 1994 PAGE 2 is David Forrest Henderson David Hunt Bill Boucher Bridgett Davis Don Funk Rudy Hernandez Dave Howell Andrea Lueker City Administrator City Attorney Public Works Director City Clerk Community Development Director Finance Director Police Chief Recreation & Parks Director Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Charles Palmer presented the "Lighten Up" this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates announced the following: ♦ Councilmember Luna's graduation from Cuesta College ♦ Clarification on City Hall mural ♦ Fisherman's Gear Storage Grand Opening on June 1, 1994 at 2:00 p.m. ♦ Salmon Festival sponsored by Commercial Fishermen's Organization and the Chamber of Commerce will be held on • June 11, 1994 ♦ City Administrator and Harbor Director received a grant for $295,000 from the Department of Boating and Waterways to complete Phase III of Tidelands Park ♦ Congressman Huffington will be in Morro Bay for the rollover boat celebration on June 3, 1994 at 3:00 p.m. at the Harbor Department ♦ Trolley is in town and being worked on; it should be available at the next meeting. PUBLIC COMMENT Jo L. Merriman urged all registered voters to vote at the Primary Election. Charles Palmer addressed Council regarding the Domenghini Flats project to stop the siltation in the bay and the damage it may cause to Twin Bridges. Mr. Palmer also addressed the letter received from the City Administrator regarding the public comment rule at a public meeting. Mayor Yates asked City Attorney David Hunt to respond to Mr. Palmer's comments on the City's policy on public comment. Mr. Hunt responded the current policy is within the guidelines of the Brown Act. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 23, 1994 PAGE 3 • John Lemons addressed Council regarding Item A-13 (City Council Direction to City Clerk to Transmit to City Attorney to Prepare Impartial Analysis of Measure J (Initiative Measure to Relieve City of any Mandatory Obligation Created by Passage of Measure "G") for Special Election to be Held on August 9, 1994 (Election Code §5011). He said the City Council should have an economic analysis prepared of the possible ramifications of adoption or rejection of Measure J. Mr. Lemons asked for an interpretation of the quoted word "binding" in this initiative. Mayor Yates asked City Attorney David Hunt to respond to Mr. Lemon's question. Mr. Hunt responded he spoke with the proponent's attorney and communicated he would prefer they state on the petition "remove any binding effect" taking the position that Measure G is not binding. Ralph Gunther addressed Council regarding Items A-7 (Approval of Sublease for Lease Site 87-88/87W/88W) and A-8 (Approval of Sublease for Lease Site 89-89W) and requested Council approve the subleases before them this evening. Roger Ewing expressed concern of the amount of trees being removed in the City and urged Council to adopt an emergency ordinance with enforcement action. • DECLARATION OF FUTURE AGENDA ITEMS Councilmember Mullen requested an item be agendized at the July Water Advisory Board meeting to discuss Bob Stahler's holding ponds at Morro Creek Ranch as a potential joint use with the City. Councilmember Crotzer requested an item be agendized to discuss adoption of an emergency ordinance regarding the removal of trees on private property.' City Administrator Forrest Henderson stated this item is scheduled to be before the City Council on July 25, 1994. Council requested this be agendized at the June 13, 1994 Council meeting. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF MARCH 28, 1994 Mr. Henderson recommended Council approve the minutes for the regular meeting of March 28, 1994. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 23, 1994 PAGE 4 • A-2 WATER SUPPLY STATUS REPORT Mr. Henderson recommended Council accept the report for file. A-3 STATEMENT OF CASH AND INVESTMENTS - APRIL 1994 Mr. Henderson recommended Council accept the report for file. A-4 EXPENDITURE REPORT - APRIL 1994 Mr. Henderson recommended Council accept the report for file. A-5 APPROVAL OF DEPARTMENTAL ROLLOVER SAVINGS Mr. Henderson recommended Council approve staff's proposed policy permitting department heads to rollover half of unused budgets after the year-end audit with the following exceptions: 1) As part of the Fiscal Year 1994/95 budget process, staff will prepare for Council's review a list of proposed expenditures that will be ineligible for future rollovers. This criteria will apply to future years beginning in Fiscal Year 1994/95; 2) Per Council direction on April 14, 1994, staff has contacted • the League of California Cities for information on Employee Incentive Programs. Upon receiving and analyzing this information, staff will prepare a recommendation to Council during the Fiscal Year 1994/95 budget hearings. A-6 RESOLUTION NO. 50-94 APPROVING SUBLEASE AGREEMENT FOR OPERATION OF FISHERMEN'S GEAR STORAGE FACILITY Mr. Henderson recommended Council approve Resolution No. 50-94 and authorize the Mayor to execute the attached sublease agreement with Morro Bay Commercial Fishermen's Organization for operation of the gear storage area project. A-7 APPROVAL OF SUBLEASE FOR LEASE SITE 87-88/87W/88W Mr. Henderson recommended Council deny approval of the March 10, 1994 request from Ralph Gunther for approval of a sublease on Lease Site 87-88/87W-88W. A-8 APPROVAL OF SUBLEASE FOR LEASE SITE 89-89W Mr. Henderson recommended Council deny approval of the March 10, 1994 request from Ralph Gunther for approval of a sublease agreement on a portion of Lease Site 89/89W. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 23, 1994 PAGE 5 • A-9 CITY COUNCIL LETTER OF SUPPORT FOR SAN LUIS OBISPO WOMEN'S SHELTER PROGRAM Mr. Henderson recommended Council authorize the Mayor to sign the Memorandum of Understanding between the Women's Shelter Program of San Luis Obispo County and the City of Morro Bay. A-10 REJECTION OF CLAIM AGAINST THE CITY - CUNNINGHAM Mr. Henderson recommended Council reject the claim submitted by Sallie Cunningham and authorize the City Clerk to send the appropriate letter of rejection. A-11 RESOLUTION NO. 51-94 - NOTICE OF COMPLETION OF FISHERMEN'S GEAR STORAGE; PW 93-02 Mr. Henderson recommended Council adopt Resolution No. 51-94 accepting the construction as complete. A-12 CONSTRUCTION SCHEDULE MODIFICATION ON UNDERGROUND DISTRICT NO. 5 Mr. Henderson recommended Council adopt Resolution No. 32-94 amending the construction schedule for Underground District No.5. A-13 CITY COUNCIL DIRECTION TO CITY CLERK TO TRANSMIT TO CITY • ATTORNEY TO PREPARE IMPARTIAL ANALYSIS OF MEASURE J (INITIATIVE MEASURE TO RELIEVE CITY OF ANY MANDATORY OBLIGATION CREATED BY PASSAGE OF MEASURE "G") FOR SPECIAL ELECTION TO BE HELD ON AUGUST 9, 1994 (ELECTION CODE §5011) Mr. Henderson recommended Council direct the City Clerk to transmit to the City Attorney a copy of Measure J for preparation of an impartial analysis of Measure J showing the effect of the measure on the existing law and operation of the measure. Councilmember Luna pulled Item A-2 from the Consent Calendar; Mayor Yates pulled Items A-7 and A-8; and Councilmember Unger pulled Items A-9 and A-13. MOTION: Councilmember Luna moved Council approve the Consent Calendar with the exception of Items A-2, A-7, A-8, A- 9, and A-13. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) A-2 WATER SUPPLY STATUS REPORT Councilmember Luna stated public awareness is needed on water conservation; perhaps a message on the water bills stating the City is behind in rainfall this year would be helpful. 0 11 • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 23, 1994 PAGE 6 A-7 APPROVAL OF SUBLEASE FOR LEASE SITE 87-88/87W-88W A-8 APPROVAL OF SUBLEASE FOR LEASE SITE 89-89W Mayor Yates addressed Mr. Gunther's concern regarding his lease site agreements. Mayor Yates stated he does support Mr. Gunther's request for approval of a sublease on Lease Sites 87- 89/87W-89W. Harbor Director Rick Algert reviewed the City's policy on the Consent to Sublease stating since 1988, when the Standard Lease Agreement was adopted, the City has required all sublessees to sign the Consent to Sublease format. Councilmember Luna stated a process of consistency has been established in regard to this issue which is not unreasonable. City Attorney David Hunt stated the Consent to Sublease Agreement is consistent with the intent of the lease as drawn and is not a violation of the lease to require that a reasonable form be executed by the parties. Councilmember Mullen asked if there is a liability issue if a Consent is not signed? Mr. Hunt responded it can cause a case where the tenant or subtenant take no responsibility on liability cases. Mr. Gunther stated a Certificate of Insurance is sent to the City each year holding the City harmless from liability. Councilmember Crotzer stated the consistency of a reasonable lease agreement should be maintained. MOTION: Councilmember Luna moved Council uphold staff's recommendation on Items A-7 and A-8 denying approval of the March 10, 1994 request from Ralph Gunther for approval of a sublease on Lease Sites 87-89/87W-89W. The motion was seconded by Councilmember Crotzer. Mayor Yates stated the Consent to Sublease Agreement was not required before 1988 and he does not agree that it should be required. Councilmember Mullen stated this is an administrative form that is not unreasonable and should be required to protect the City. Councilmember Luna called for the question. The motion carried with Mayor Yates and Councilmember Unger voting no. (3-2) Mayor Yates called for a break at 7:35 p.m.; the meeting resumed at 7:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 23, 1994 PAGE 7 • D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 PRESENTATION BY CAL POLY STUDENTS ON FACADE IMPROVEMENTS AND STREET IMPROVEMENTS IN THE DOWNTOWN AREA Community Development Director Don Funk introduced the Cal Poly Landscape Architecture senior design class who made a presentation on the Facade Improvement Program. Mayor Yates opened the hearing for public comment. Roger Ewing stated a mural on the wall outside the Queen's Closet would be an improvement to the corner of Main Street and Morro Bay Blvd. Ann Freeman expressed her support of this program. Jim Wood addressed diagonal parking. Suedene Nelson, Chamber of Commerce, stated the Chamber will continue to work with the business community and Cal Poly students on this plan. Mayor Yates closed the hearing for public comment. • Council received the presentation and commended the Cal Poly students for their efforts on this proposed plan. D-2 REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW AN ARCADE USE WITHIN AN EXISTING RETAIL UNIT IN A COMMERCIAL COMPLEX; 400 QUINTANA ROAD Community Development Director Don Funk reviewed the request for the operation of an arcade located at 400 Quintana Road and recommended Council approve Conditional Use Permit 06-94 based on findings and conditions as recommended by the Planning Commission. Mayor Yates opened the hearing for public comment. Mike Phillips, applicant, stated his intent is to make this a first-class family entertainment center. Lynda Merrill expressed her support of this business because it will give local youth something to do. Suedene Nelson, Chamber of Commerce, expressed her support of this business. Mayor Yates closed the hearing for public comment. is MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 23, 1994 PAGE 8 • Council discussed the need for Special Condition #5 (Employee Clearance); Police Chief Dave Howell responded the City's ordinance requires a business such as this to obtain background checks on their employees. Chief Howell stated the Municipal Code Ad -Hoc Committee will be addressing this section of the code. City Attorney David Hunt clarified this ordinance is required in Chapter 5 of the Municipal Code (business license provisions); however, is not required in the zoning provisions, in which case it could be removed as a condition in the use permit. MOTION: Mayor Yates moved Council delete Special Condition #5 from Conditional Use Permit 06-94. The motion was seconded by Councilmember Luna and carried with Councilmember Crotzer and Councilmember Mullen voting no. (3-2) Council discussed the serving of food at this establishment. Mr. Funk clarified only pre -packaged food would be offered which meets the approval of the County Health Department. Mr. Phillips reiterated they have no intent to prepare food. MOTION: Mayor Yates moved Council amend Operational Condition #4 of Conditional Use Permit 06-94 to read "No restaurant, cooking facilities, or food preparation • shall be allowed to operate within the facility". The motion was seconded by Councilmember Unger and unanimously carried. (5-0) MOTION: Councilmember Mullen moved Council approve Conditional Use Permit 06-94 as amended. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) D-3 RESOLUTION NO. 49-94 DIRECTING THE PREPARATION OF AN ENGINEER'S REPORT FOR LEVY OF THE ASSESSMENT FOR BAYSHORE BLUFFS MAINTENANCE ASSESSMENT DISTRICT Recreation and Parks Director Andrea Lueker reviewed the annual assessment for the Bayshore Bluffs Maintenance Assessment District and recommended Council adopt Resolution No. 49-94 ordering the Recreation and Parks Director (engineer of the district) to write a report detailing the expenses projected for Fiscal Year 1994/95 for maintenance of the assessment district. Mayor Yates opened the hearing for public comment; there were no comments and the public hearing was closed. • 11 • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 23, 1994 PAGE 9 MOTION: Councilmember Luna moved Council approve Resolution No. 49-94 directing the preparation of an engineer's report for levy of the assessment for Bayshore Bluffs Maintenance Assessment District. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Mayor Yates called for a break at 9:15 p.m.; the meeting resumed at 9:30 p.m. D-4 RECONSIDERATION OF PARKING WAIVER POLICY FOR DOWNTOWN AREA This item was pulled from the agenda. D-5 RESOLUTION NO. 53-94 AMENDING OPERATIONS AGREEMENT WITH MAYFLOWER CONTRACT SERVICES TO OPERATE TROLLEY; AND ESTABLISHING TROLLEY FARES AND TROLLEY ADVERTISING RATES Public Works Director Bill Boucher reviewed the amendment to the Morro Bay Dial -A -Ride operations agreement with Mayflower Contract Services to include the operation of a pilot trolley service and establishing trolley fares and advertising rates and policies. He recommended Council adopt Resolution No. 53-94 amending this agreement. Mayor Yates suggested naming the trolley "Morro Bay Trolley" MOTION: Mayor Yates moved Council approve naming the trolley "Morro Bay Trolley". The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) Councilmember Crotzer asked staff about the trolley's circulation. Mr. Boucher responded left-hand turns onto the Embarcadero should be limited due to traffic crossing. Council discussed and agreed to maintain reasonable trolley fares. Mayor Yates opened the hearing for public comment. Diane Williams, employee of Mayflower Contract Services, stated Mayflower will do all they can to make this trolley a success. Councilmember Luna inquired about the proposed stops; Ms. Williams responded designated stops are safer than flag stops. Councilmember Unger asked Suedene Nelson of the Chamber of Commerce about advertising. Ms. Nelson responded the local merchants mid -budget is approaching for the purpose of discussing advertising. Ms. Nelson recommended Council consider using tokens as a promotional gimmick for the City. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 23, 1994 PAGE 10 49 Lynda Merrill expressed her support for the trolley. Mayor Yates closed the hearing for public comment. MOTION: Councilmember Luna moved Council approve Resolution No. 53-94 amending Morro Bay Dial -A -Ride Operations Agreement with Mayflower Contract Services, Inc. to include operation of a pilot trolley service and establishing trolley fares and advertising rates and policies. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) A. CONSENT CALENDAR A-9 CITY COUNCIL LETTER OF SUPPORT FOR SAN LUIS OBISPO WOMEN'S SHELTER PROGRAM Councilmember Unger asked for clarification on the de facto support. City Administrator Forrest Henderson stated the de facto support will allow the Women's Shelter to return to the City's budget hearings requesting support. MOTION: Councilmember Unger moved Council approve Item A-9. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) • A-13 CITY COUNCIL DIRECTION TO CITY CLERK TO TRANSMIT TO CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSIS OF MEASURE J (INITIATIVE MEASURE TO RELIEVE CITY OF ANY MANDATORY OBLIGATION CREATED BY PASSAGE OF MEASURE "G") FOR SPECIAL ELECTION TO BE HELD ON AUGUST 9, 1994 (ELECTION CODE §5011) Councilmember Unger withdrew her request to pull this item. MOTION: Councilmember Unger moved Council approve Item A-13. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 CONTINUED DISCUSSION ON FORMAT OF SMOKING ORDINANCE WORKSHOP SET FOR THURSDAY, JUNE 9, 1994 Mayor Yates recommended Council combine a workshop and public hearing on this issue. Councilmember Unger recommended placing this issue on the November ballot. is MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 23, 1994 PAGE 11 is Councilmember Luna asked for clarification on the violation of the Brown Act with small group discussions. City Attorney David Hunt responded he was unable to find any law that would violate the Brown Act by holding small group discussions as long as each small group discussion would be open to public participation and the Council would have an equal access to all information. Councilmember Mullen stated she does support small group discussions to maximize public participation. Councilmember Crotzer stated it is Council's responsibility to make a decision on this public health issue. He encouraged public input. Councilmember Crotzer suggested forming a committee to propose a new ordinance and submit it to the City Attorney for his review. Councilmember Luna stated the intimacy of a small group discussion would allow public input without the intimidation of a large group setting. The consensus of Council was to hold a public hearing on the smoking issue on June 9, 1994 to decide to either leave the ordinance as currently written, re -write the ordinance restricting smoking in public places, or place an initiative on the November 8, 1994 ballot. • B-2 SECOND READING AND ADOPTION OF ORDINANCE NO. 438 ESTABLISHING A ONE-TIME TROLLEY OPERATION AND MAINTENANCE FEE; AND RESOLUTION NO. 52-94 APPROVING MASTER FEE SCHEDULE AMENDMENT MOTION: Councilmember Mullen moved to have Ordinance No. 438 read by title and number. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) City Administrator Forrest Henderson read Ordinance No. 438 by title and number. MOTION: Councilmember Unger moved Council adopt Ordinance No. 438. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) MOTION: Councilmember Mullen moved Council approve Resolution No. 52-94. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) B-3 STATUS REPORT ON SIGN CONFORMITY PROGRAM AND FUTURE SIGN ORDINANCE REVISIONS This item was continued to the June 28, 1994 City Council meeting. • • • 9 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 23, 1994 PAGE 12 C. NEW BUSINESS C-1 APPROVAL OF FINAL MAP FOR TRACT 2110; NORTH POINT SUBDIVISION This item was pulled from the agenda. C-2 APPROVAL TO PROCEED WITH REFINANCING OF COMMUNITY CENTER DEBT Finance Director Rudy Hernandez reviewed the staff report stating with interest rates at an all time low, staff has been informed by Mark Pressman and Associates that refinancing the Community Center debt will result in savings to the City. Mr. Hernandez recommended Council authorize the firm of Mark Pressman & Associates to proceed with the refinancing. MOTION: Councilmember Mullen moved Council direct staff to authorize the firm of Mark Pressman & Associates to proceed with the refinancing of the Community Center debt. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) F. ADJOURNMENT MOTION: Councilmember Mullen moved the meeting be adjourned. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) The meeting adjourned at 11:00 p.m. Recorded by: Bridgett Davis City Clerk City of Morro Bay • City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - MAY 9, 1994; 5:15 P.M. CLOSED SESSION - MAY 9, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(B)1, SIGNIFICANT EXPOSURE TO LITIGATION ♦ SIGNIFICANT EXPOSURE TO LITIGATION EXISTS BASED UPON EXISTING FACTS AND THE ADVICE OF LEGAL COUNSEL AS TO ONE MATTER E-2 GOVERNMENT CODE SECTION 54957.6, LABOR NEGOTIATIONS • ♦ DISCUSSIONS WITH CITY'S REPRESENTATIVE, FORREST W. HENDERSON, IN PREPARATION FOR LABOR NEGOTIATIONS WITH ALL LABOR ORGANIZATIONS PUBLIC SESSION - MAY 9, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS • 1 O CONSENT CALENDAR Onless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF MARCH 14, 1994 A-2 PROCLAMATION IN RECOGNITION OF "NATIONAL POLICE WEEK" AND "POLICE MEMORIAL DAY" A-3 PROCLAMATION DECLARING MAY AS "MORRO BAY VOLUNTEER MONTH" A-4 CITY COUNCIL COVER LETTER TO ACCOMPANY DESTINATION 2000 GOALS AND OBJECTIVES REPORT A-5 RESOLUTION NO. 39-94 - APPROVAL OF PARTICIPATION IN JOINT POWERS AGREEMENT TO ESTABLISH INTEGRATED WASTE MANAGEMENT AUTHORITY A-6 STATUS REPORT ON STREAMLINING PROCESS A-7 APPROVAL OF SUBLEASE FOR LEASE SITE 87-88/87W/88W - THIS ITEM HAS BEEN PULLED FROM THE AGENDA A-8 APPROVAL OF SUBLEASE FOR LEASE SITE 89-89W - THIS ITEM HAS BEEN PULLED FROM THE AGENDA OF9 RESOLUTION NO. 43-94 IN SUPPORT OF THE CHORRO FLATS PROJECT B. UNFINISHED BUSINESS B-1 ORDINANCE NO. 437 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF MORRO BAY (SECOND READING/ADOPTION) B-2 REVIEW OF ADA QUARTERLY REPORT B-3 CONTINUED DISCUSSION ON SMOKING ORDINANCE WORKSHOP C. NEW BUSINESS C-1 CONSIDERATION OF CITIZENS' REQUEST FOR MURAL AT CITY HALL C-2 STATUS REPORT ON SIGN CONFORMITY PROGRAM AND FUTURE SIGN ORDINANCE REVISIONS C-3 RESOLUTION NO. 38-94 CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF MORRO BAY ON TUESDAY, 08 NOVEMBER 1994 FOR THE PURPOSE OF ELECTING CERTAIN OFFICERS OF SAID CITY AND REQUESTING CONSOLIDATION OF ELECTION WITH THE COUNTY OF SAN LUIS OBISPO C-4 CERTIFICATE OF SUFFICIENCY OF INITIATIVE PETITION (INITIATIVE MEASURE TO RELIEVE CITY OF ANY MANDATORY OBLIGATION CREATED BY PASSAGE OF • MEASURE "G") AND CONSIDERATION OF POSSIBLE CONSOLIDATION WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, 08 NOVEMBER 1994 2 •, PUBLIC HEARINGS REPORTS & APPEARANCES D-1 APPEAL OF PLANNING COMMISSION ACTION UPHOLDING CODE ENFORCEMENT ACTION (LOCATION: 2970 GREENWOOD; APPLICANT: HOLINBECK) - CONTINUED TO JUNE 27, 1994 D-2 1994 WEED ABATEMENT APPEAL FROM NOTICE D-3 REVIEW OF POTENTIAL CDBG TECHNICAL/PLANNING GRANT REQUEST, ECONOMIC DEVELOPMENT BUSINESS RETENTION AND ATTRACTION STUDY D-4 RESOLUTION NO. 41-94 ESTABLISHING TROLLEY PROJECT, AND OPERATION AND MAINTENANCE FUNDING; ORDINANCE NO. 438 ESTABLISHING ONE-TIME OPERATION AND MAINTENANCE FEE (FIRST READING/INTRODUCTION); AND RESOLUTION NO. 42-94 ALLOCATING PARKING IN -LIEU FEES FOR PURCHASE OF TROLLEY F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS • AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. • IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 3 • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - MAY 9, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:20 p.m. PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Forrest Henderson City Administrator David Hunt City Attorney CLOSED SESSION MOTION: Councilmember Mullen moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. • The meeting adjourned to Closed Session at 5:20 p.m. and returned to regular session at 5:47 p.m. MOTION: Councilmember Luna moved the meeting be adjourned. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) The meeting adjourned at 5:47 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 9, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 9, 1994 PAGE 2 • STAFF: Forrest Henderson David Hunt Rick Algert Bill Boucher Bridgett Davis Don Funk Dave Howell Andrea Lueker Mike Upton City Administrator City Attorney Harbor Director Int. Public Works Director City Clerk Community Development Director Police Chief Recreation & Parks Director Public Works Admin. Assistant Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Roger Ewing presented the "Lighten Up" for this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates announced Maggie White's departure from the Sun Bulletin. Councilmember Mullen announced "Youth in Government Day" is scheduled for May 11, 1994. Councilmember Mullen announced the Water Resource Advisory • Committee for the County of San Luis Obispo and the County of Santa Barbara are co -sponsoring a groundwater management workshop on June 3, 1994 in Santa Barbara. • Councilmember Crotzer announced approved a skateboard park at citizens to check it out. PUBLIC COMMENT the City of San Luis Obispo has Santa Rosa Park and encouraged Charles Palmer addressed Item A-9 (resolution in support of the Chorro Flats Project) and requested Council take a closer look at the Chorro Flats Project before adoption. Jo L. Merriman asked for updates on the Twin Bridges replacement; Tri-W shopping center; Cypress Plaza shopping center; and the proposed bowling alley. Mayor Yates responded Twin Bridges is in the EIR process and is 3-4 years from being built; Williams Bros. has a myriad of hurdles to get over before construction can take place; Cypress Plaza should begin within the next month; and the bowling alley is in process. John Lemons stated Item C-1 (Consideration of Citizens' Request for Mural at City Hall) should be heard as a public hearing item. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 9, 1994 PAGE 3 • Shoosh Crotzer addressed Item C-4 (Certificate of Sufficiency of Initiative Petition (Initiative Measure to Relieve City of any Mandatory Obligation Created by Passage of Measure "G") and Consideration of Possible Consolidation with the General Municipal Election to be Held on Tuesday, 08 November 1994) stating the special election should be expedited before committing more funds to State Water. Hilary Everett also addressed Item C-4 and urged Council to hold the election as soon as possible. Charles Palmer stated State Water will cause the recall of Measure F and asked the initiative be placed on the November ballot. Bill Raflowski stated the majority of people do not want State Water. Susan Melvin stated money spent on State Water far exceeds what will be spent on a special election. Frank St. Denis noted the State Water Initiative was voted for two years ago on an advisory vote. The following people spoke in opposition to smoking in public • places: Rosalie Valvo Diffley, Bill Raflowski, Susan Melvin, William Manley, Rick Anderson, and Ethel St. John. David Palchak, representative of the Cancer Society, addressed health hazards of smoking. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Crotzer requested an item be agendized to discuss maintaining local control regarding the smoke -free ordinance. Councilmember Luna requested a New Business item be agendized to discuss the concept of one-way circulation along the Embarcadero with diagonal parking and one -hour parking meters. Mayor Yates called for a break at 7:00 p.m.; the meeting resumed at 7:20 p.m. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF MARCH 14, 1994 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 9, 1994 PAGE 4 • Mr. Henderson recommended Council approve the minutes of March 14, 1994. A-2 PROCLAMATION IN RECOGNITION OF "NATIONAL POLICE WEEK" AND "POLICE MEMORIAL DAY" Mr. Henderson recommended Council adopt the Proclamation in recognition of "National Police Week" and "Police Memorial Day". A-3 PROCLAMATION DECLARING MAY AS "MORRO BAY VOLUNTEER MONTH" Mr. Henderson recommended Council adopt the Proclamation declaring May as "Morro Bay Volunteer Month". A-4 CITY COUNCIL COVER LETTER TO ACCOMPANY DESTINATION 2000 GOALS AND OBJECTIVES REPORT Mr. Henderson recommended Council review the proposed cover letter for the Destination 2000 Goals and Objectives Report and approve or modify the letter. A-5 RESOLUTION NO. 39-94 - APPROVAL OF PARTICIPATION IN JOINT POWERS AGREEMENT TO ESTABLISH INTEGRATED WASTE MANAGEMENT AUTHORITY • Mr. Henderson recommended Council approve Resolution No. 39-94 approving City participation in a Joint Powers Agreement to establish the San Luis Obispo Integrated Waste Management Authority for the cities and County of San Luis Obispo, California and authorize the Mayor to sign; approve Resolution No. 40-94 approving a Memorandum of Agreement among the County of San Luis Obispo and its cities for the establishment and payment of landfill tipping fee surcharges to support the IWMA and authorize the Mayor to sign; and appoint the Mayor as the City's delegate to the IWMA Board of Directors and the Vice Mayor as alternate delegate. A-6 STATUS REPORT ON STREAMLINING PROCESS Mr. Henderson recommended Council receive the status report on the permit streamlining process. A-7 APPROVAL OF SUBLEASE FOR LEASE SITE 87-88/87W/88W This item was pulled from the agenda. A-8 APPROVAL OF SUBLEASE FOR LEASE SITE 89-89W This item was pulled from the agenda. 0 • J • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 9, 1994 PAGE 5 A-9 RESOLUTION NO. 43-94 IN SUPPORT OF THE CHORRO FLATS PROJECT Mr. Henderson recommended Council approve Resolution No. 43-94 in support of the Chorro Flats Project. Councilmember Mullen pulled Item A-3 from the Consent Calendar; Councilmember Luna pulled Item A-4; and Mayor Yates pulled Items A-5 and A-9. MOTION: Councilmember Unger moved to approve the Consent Calendar with the exceptions of Items A-3, A-4, A-5, and A-9. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-3 PROCLAMATION DECLARING MAY AS "MORRO BAY VOLUNTEER MONTH" Councilmember Mullen requested Mayor Yates read the Proclamation declaring May as "Morro Bay Volunteer Month" in honor of all Morro Bay volunteers. MOTION: Councilmember Mullen moved to approve Item A-3. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) A-4 CITY COUNCIL COVER LETTER TO ACCOMPANY DESTINATION 2000 GOALS AND OBJECTIVES REPORT Councilmember Luna stated the Destination 2000 Committee would like the goals report to be prepared in a finished format. Council requested the second paragraph of the letter be amended, and a typographic correction be made to paragraph three. MOTION: Councilmember Luna moved Council approve the cover letter as amended to accompany the Destination 2000 goals and objectives report. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) A-5 RESOLUTION NO. 39-94 - APPROVAL OF PARTICIPATION IN JOINT POWERS AGREEMENT TO ESTABLISH INTEGRATED WASTE MANAGEMENT AUTHORITY Mayor Yates requested Council appoint Vice Mayor Mullen as the City's delegate to the Integrated Waste Management Authority Board of Directors. • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 9, 1994 PAGE 6 MOTION: Councilmember Mullen moved Council approve Resolution No. 39-94 approving City participation in a Joint Powers Agreement to establish the San Luis Obispo Integrated Waste Management Authority for the cities and County of San Luis Obispo, California and authorize the Mayor to sign. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) MOTION: Councilmember Mullen moved Council approve Resolution No. 40-94 approving a Memorandum of Agreement among the County of San Luis Obispo and its cities for the establishment and payment of landfill tipping fee surcharges to support the IWMA and authorize the Mayor to sign. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) MOTION: Mayor Yates moved to appoint Vice Mayor Mullen to serve as delegate and Councilmember Luna to serve as co - delegate to the IWMA Board of Directors. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) A-9 RESOLUTION NO. 43-94 IN SUPPORT OF THE CHORRO FLATS PROJECT Councilmember Mullen reviewed the implementation of the Chorro Flats Project. MOTION: Councilmember Mullen moved Council approve Resolution No. 43-94 in support of the Chorro Flats Project. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) MOTION: Councilmember Unger moved Council take the agenda out of order to hear Item C-1, then go on to public hearings. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) C. NEW BUSINESS C-1 CONSIDERATION OF CITIZENS' REQUEST FOR MURAL AT CITY HALL Mayor Yates stepped down on this item due to a conflict of interest. City Administrator Forrest Henderson introduced Kathryn Gantman, Whitney Mowry, and Heather Yates, students of Teach Elementary School, who made a presentation on the proposed mural on the west wall of City Hall. Council discussed technique and maintenance of the proposed mural. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 9, 1994 PAGE 7 • MOTION: Councilmember Crotzer moved Council approve the mural on the west wall of City Hall. The motion was seconded by Councilmember Unger and unanimously carried. (4-0) D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 APPEAL OF PLANNING COMMISSION ACTION UPHOLDING CODE ENFORCEMENT ACTION (LOCATION: 2970 GREENWOOD; APPLICANT: HOLINBECK) This item was continued to the June 27, 1994 City Council meeting. D-2 1994 WEED ABATEMENT APPEAL FROM NOTICE Interim Public Works Director Bill Boucher reviewed the 1994 Weed Abatement Program stating this public hearing is for the purpose of providing property owners the opportunity to appeal or comment on the requirement to abate weeds on their parcels. He said staff has received no appeals to date. Mayor Yates opened the hearing for public comment. Charles Palmer asked when the final filing date is; staff responded May 31, 1994. • Mayor Yates closed the hearing for public comment. Council tabled this item. D-3 REVIEW OF POTENTIAL CDBG TECHNICAL/PLANNING GRANT REQUEST, ECONOMIC DEVELOPMENT BUSINESS RETENTION AND ATTRACTION STUDY Community Development Director Don Funk reviewed the potential CDBG Technical/Planning Grant Request, Economic Development Business Retention and Attraction Study, and recommended Council approve the Request for Statement of Qualifications for distribution to consultants. Mayor Yates opened the hearing for public comment. Charles Palmer stated the City's laws need to be reviewed before approving an RDA. Ernie Miller stated an RDA grant would be beneficial to the City. Mayor Yates closed the hearing for public comment. MOTION: Councilmember Unger moved Council approve the Request for Statement of Qualifications for distribution to consultants. The motion was seconded by Councilmember • Mullen and unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 9, 1994 PAGE 8 • D-4 RESOLUTION NO. 41-94 ESTABLISHING TROLLEY PROJECT, AND OPERATION AND MAINTENANCE FUNDING; ORDINANCE NO. 438 ESTABLISHING ONE-TIME OPERATION AND MAINTENANCE FEE (FIRST READING/INTRODUCTION); AND RESOLUTION NO. 42-94 ALLOCATING PARKING IN -LIEU FEES FOR PURCHASE OF TROLLEY Interim Public Works Director William Boucher reviewed the pilot trolley service including trolley route, financial issues, and maintenance of the trolley. Mr. Boucher recommended Council adopt Resolution No. 41-94 establishing a pilot trolley service and related operations and maintenance funding; introduce for first reading Ordinance No. 438 making findings and adopting a one-time trolley operation and maintenance fee for businesses along the trolley route; and adopt Resolution No. 42-94 allocating parking in -lieu fees for and approving the purchase of a used trolley. Councilmember Luna recommended an amendment to Resolution No. 41- 94 extending the operating days and hours; Council concurred. Mayor Yates supported adding language to the Resolution No. 41-94 stating the trolley will operate for the period June 18, 1994, or earlier if feasible, through October 15, 1994. • Councilmember Unger asked for clarification on the proposed route; Mr. Boucher reviewed the route. Councilmember Mullen inquired on the signage directing trolley stops. Mr. Boucher responded there will be directional signage which is budgeted in the $10,000 undesignated fund balance. City Attorney David Hunt clarified the purpose of purchasing the trolley with the use of parking in -lieu fees is to make sure the City serves the Embarcadero and give the Embarcadero access to further public parking and parking within the parking management area. Councilmember Crotzer suggested reversing the center loop of the proposed route. Councilmember Mullen asked for clarification on the one-time $25 fee. Mr. Boucher responded any business that derives benefit from the trolley would be charged the fee. Councilmember Luna recommended amending Resolution No. 41-94 by increasing the inter -fund transfer loan from $10,000 to $15,000 to deal with miscellaneous aesthetic issues. He also recommended Council consider appointing a Transportation Committee to address issues relating to Dial -A -Ride and the trolley. 0 Mayor Yates opened the hearing for public comment. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 9, 1994 PAGE 9 • Bill DeCarolis stated the trolley should not stop running on a weekend. He added $1.00 is too expensive to ride the trolley and recommended Council consider the use of passes. Suedene Nelson, Morro Bay Chamber of Commerce, stated the business community would like reassurance that in -lieu parking fees are also used for parking. She said trolley signage is important. Ms. Nelson announced the "Salmon Celebration" is scheduled for June filth which would be a good time to start the trolley service. Roger Ewing stated fares should be reasonable and kids should ride free. Ralph Gunther stated his opposition to the trolley service and the utilization of parking in -lieu fees for this purpose. Frank St. Denis stated it is time in -lieu parking fees are used for parking management as well as for the use of the trolley. Jim Wood asked how much a parking space is worth in the parking in -lieu fund? Mayor Yates responded the parking in -lieu fee is $4,000 per parking space or 25 spaces per $100,000. • Jim Minor stated his business is not tourist -oriented and expressed concern with paying the fee. Jane von Koehe recommended children ride free. Mayor Yates closed the hearing for public comment. MOTION: Councilmember Luna moved Council approve Resolution No. 41-94 with the amendment to change the dates of operation for the period June 18, 1994, or sooner if feasible, through October 16, 1994; remove the hours of operation; and increase the inter -fund transfer loan from $10,000 to $15,000 to cover miscellaneous aesthetic issues. The motion was seconded by Mayor Yates and unanimously carried. (5-0) MOTION: Councilmember Luna moved Council have Ordinance No. 438 read by title and number. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Council addressed amendments to Ordinance No. 438 relating to Section 5.14.010(E) as follows: • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 9, 1994 PAGE 10 • E. In order to confirm the economic feasibility of the trolley, the City Council has established a pilot program, whereby a trolley will operate along certain designated routes within the City during the summer and early fall months of 1994. The routes and dates of operation shall be set by the City Council by resolution. Section 5.14.020 Every person transacting and carrying on a business within one lineal block walking distance of the designated routes shall pay a fee for operation and maintenance of the trolley in accordance with the Master Fee Schedule as modified from time to time by resolution of the City Council. All such trolley operations and maintenance fees shall be due and payable in advance of the first day of July eaeh-pear. City Administrator Forrest Henderson read Ordinance No. 438 by title and number. MOTION: Councilmember Luna moved Council adopt Ordinance No. 438 for first reading and introduction. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) • Council discussed amendments to Resolution No. 42-94 as follows: (k) The-eest e>f providing additional parking spaces on or near the Embarcadero is the best solution currently available to address this difficult problem; (3) Said trolley shall be operated in accordance with Resolution No. 41-94 adopted on May 9, 1994, and shall always be used within the Parking Management Plan area and to serve the Embarcadero area and the businesses in it; (4) If the trolley is sold, the proceeds from the sale would be used to repay the parking in -lieu fees MOTION: Councilmember Unger moved Council approve Resolution No. 42-94 as corrected and amended. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Mayor Yates called for a break at 9:15 p.m.; the meeting resumed at 9:30 p.m. n U MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 9, 1994 PAGE 11 • B. UNFINISHED BUSINESS B-1 ORDINANCE NO. 437 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF MORRO BAY (SECOND READING/ADOPTION) City Administrator Forrest Henderson presented Ordinance No. 437 to Council for second reading and adoption. MOTION: Councilmember Luna moved to have Ordinance No. 437 read by title and number. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) Mr. Henderson read Ordinance No. 437 by title and number. MOTION: Councilmember Luna moved Council adopt Ordinance No. 437. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) B-2 REVIEW OF ADA QUARTERLY REPORT Recreation and Parks Director Andrea Lueker reviewed the ADA Quarterly Report stating the transition plan will include a self - evaluation section describing current services, policies and • practices. Ms. Lueker stated when the transition plan is complete, it will be presented to the City Council for assignment of priorities. No action was taken on this item. B-3 CONTINUED DISCUSSION ON SMOKING ORDINANCE WORKSHOP City Administrator Forrest Henderson presented this item to Council and reviewed the National Issues Forum format. Councilmember Luna stated the National Issues Forums format allows people to look at an issue on a non -emotional basis. Councilmember Crotzer stated a National Issues Forum would serve issues such as how the City can generate revenues; however, he foresees a format generally used by Council for a public health issue such as this. Councilmember Mullen suggested perhaps combining the National Issues Forum format with the brainstorming workshop format which has been successful in the past. Mayor Yates stated he proposes holding one workshop in an open forum as held in the past. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 9, 1994 PAGE 12 Council requested the City Attorney review the National Issues • Format and return with his opinion at the next Council meeting. Council set a workshop for Thursday, 09 June 1994 at 6:30 p.m. in the Veterans' Memorial Building. C. NEW BUSINESS C-2 STATUS REPORT ON SIGN CONFORMITY PROGRAM AND FUTURE SIGN ORDINANCE REVISIONS MOTION: Councilmember Luna moved Council continue this item to the May 23, 1994 City Council meeting. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) C-3 RESOLUTION NO. 38-94 CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF MORRO BAY ON TUESDAY, 08 NOVEMBER 1994 FOR THE PURPOSE OF ELECTING CERTAIN OFFICERS OF SAID CITY AND REQUESTING CONSOLIDATION OF ELECTION WITH THE COUNTY OF SAN LUIS OBISPO City Administrator Forrest Henderson reviewed and recommended Council approve Resolution No. 38-94 with an amendment to (6) to read as follows: • The City Council hereby determines if two or more persons running for the same City office receive an equal and highest number of votes resulting in a tie vote, the person elected to City office shall be resolved by lot before the County Elections Officer; MOTION: Councilmember Luna moved Council approve Resolution No. 38-94 as amended calling a General Municipal Election to be held in the City of Morro Bay on Tuesday, 08 November 1994 for the purpose of electing certain officers of said City and requesting consolidation of election with the County of San Luis Obispo. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) C-4 CERTIFICATE OF SUFFICIENCY OF INITIATIVE PETITION (INITIATIVE MEASURE TO RELIEVE CITY OF ANY MANDATORY OBLIGATION CREATED BY PASSAGE OF MEASURE "G") AND CONSIDERATION OF POSSIBLE CONSOLIDATION WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, 08 NOVEMBER 1994 City Administrator Forrest Henderson reviewed and recommended Council receive the City Clerk's Certificate of Sufficiency of Initiative Petition. Mr. Henderson also recommended Council set the Special Election on August 9, 1994, August 16, 1994, or November 8, 1994 if the Council chooses to consolidate with the • General Municipal Election. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 9, 1994 PAGE 13 • Councilmember Crotzer stated the Special Election should be held as soon as possible based on the amount of signed initiative petitions. Councilmember Unger asked what savings the City will incur with a special election? She said the City is already obligated to Phase One of the State Water Project, signed two contracts, and issued bonds. Councilmember Mullen stated Phase Two of the Chorro Pipeline is all of the City's costs which is in the design phase at this time. She recommended Council approach the Board of Supervisors to consider slowing the process or halting work in order for the City to consider all options. She said the election should be held as soon as possible so Council can consider all facts. Councilmember Luna stated he will support holding a special election on August 9, 1994 based on the number of signed initiative petitions. Mayor Yates asked staff if there would be a potential cost savings if the City were relieved of any mandatory obligation to the State Water Project? Public Works Director Bill Boucher responded there would be a potential savings or a deferral of • costs. Councilmember Unger asked for clarification on Measure G requirements. City Attorney David Hunt responded his opinion of Measure G is not binding on the City past what has already been done. He said staff is presently proceeding with Council's direction which is to proceed with State Water pursuant to Council's interpretation of Measure G. MOTION: Councilmember Crotzer moved Council approve Resolution No. 44-94 calling a Special Municipal Election to be held in the City of Morro Bay on Tuesday, 09 August 1994 for the purpose of voting on an initiative measure to relieve the City of any mandatory obligation created by passage of Measure "G", the "Binding" State Water initiative. The motion was seconded by Councilmember Luna. Councilmember Unger stated she will not support the motion because she does not see the rush of holding a special election. Councilmember Crotzer called for the question. The motion passed with Councilmember Unger voting no. (4-1) E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 9, 1994 PAGE 14 • F. ADJOURNMENT MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) The meeting adjourned at 10:45 p.m. Recorded by: BridQe000tt Davis City Clerk • • al v r City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. REGULAR MEETING - APRIL 25, 1994; 5:15 P.M. CLOSED SESSION - APRIL 25, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION ♦ City of Morro Bay v. Price, San Luis Obispo Superior Court Case No. CV67297 E-2 GOVERNMENT CODE SECTION 54956.8, REAL PROPERTY TRANSACTIONS ♦ Instructing City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property PUBLIC SESSION - APRIL 25, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA DOLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF FEBRUARY 28, 1994 A-2 WATER SUPPLY STATUS REPORT A-3 STATEMENT OF CASH AND INVESTMENTS - MARCH 1994 -4 EXPENDITURE REPORT - MARCH 1994 1 5 APPROVAL OF SUBLEASE FOR LEASE SITE 87-88/87W-88W A-6 APPROVAL OF SUBLEASE FOR LEASE SITE 89/89W A-7 RESOLUTION NO. 35-94 APPROVING CONTRACT AWARD FOR WEED ABATEMENT; PW 93- 04 A-8 PROCLAMATION DECLARING MAY 1994 AS "WATER AWARENESS MONTH" A-9 PROCLAMATION DECLARING MAY 11, 1994 AS "YOUTH IN GOVERNMENT DAY" A-10 RESOLUTION NO. 32-94 AMENDING CONSTRUCTION SCHEDULE FOR UNDERGROUND UTILITY DISTRICT NO. 5 A-11 RESOLUTION NO. 33-94 APPROVING PUBLIC WORKS DEPARTMENT ENGINEERING SERVICE FEES A-12 RESOLUTION NO. 34-94 IN SUPPORT OF LOCAL PRESERVATION PROGRAMS AT RISK A-13 DRAFT ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN A-14 REJECTION OF CLAIM FOR DAMAGES AGAINST THE CITY (INN AT MORRO BAY) A-15 REJECTION OF CLAIM FOR DAMAGES AGAINST THE CITY (KEENER) B. UNFINISHED BUSINESS 0-1 CURRENT STATUS OF DESTINATION 2000 REPORT B-2 UPDATE ON LOCATION OF CITY -FUNDED BASKETBALL COURT C. NEW BUSINESS - NONE D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 CONSIDERATION OF PROPOSED REQUEST FOR QUALIFICATIONS FOR ECONOMIC DEVELOPMENT GRANT - THIS ITEM HAS BEEN PULLED FROM THE AGENDA D-2 REVIEW OF FINAL SEAFOOD PROCESSING INDUSTRY STUDY D-3 RESOLUTION NO. 36-94 RATIFYING SUBMITTAL OF APPLICATION FOR FEDERAL TRANSIT ADMINISTRATION SECTION 18 GRANT FUNDING FOR ONE REPLACEMENT 16- PASSENGER TRANSIT VEHICLE F. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. • 0) •MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - APRIL 25, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None STAFF: Forrest Henderson City Administrator Susan Bonitz Assistant City Attorney CLOSED SESSION MOTION: Councilmember Luna moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. •The meeting adjourned to Closed Session at 5:15 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 25, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 25, 1994 PAGE 2 • STAFF Forrest Henderson Susan Bonitz Bridgett Davis Rick Algert William Boucher Don Funk Rudy Hernandez Dave Howell, Andrea Lueker City Administrator Assistant City Attorney City Clerk Harbor Director Interim Public Works Director Community Development Director Finance Director Police Chief Recreation & Parks Director Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP City Administrator Forrest Henderson presented the "Lighten Up" this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates acknowledged the new Veteran's Hall sign and thanked Recreation & Parks Director Andrea Lueker. Mayor Yates stated he would like to bring the Parking Management Plan back for Council review. •Mayor Yates announced his trip to Washington, D.C. was a productive trip and should provide the final funding for the Harbor Improvement Project. Councilmember Mullen stated she would like a 4/5 motion to add an item to the agenda. MOTION: Councilmember Mullen moved to add Resolution No. 37-94 in support of the proposed San Luis Obispo County Economic Vitality Corporation as Item B-3 under Unfinished Business on tonight's agenda. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) PUBLIC COMMENT Jo L. Merriman announced he was re-elected as VFW 11087 Post Commander. Mary Phillips addressed water quality with the use of the desalination plant. Ed McCracken shared articles from the City of Susanville regarding bank loans for people who want to build houses; and a railroad that ran from Ontario to Pomona. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 25, 1994 PAGE 3 • DECLARATION OF FUTURE AGENDA ITEMS Councilmember Luna requested a status report on Sandal Makara be agendized. Mayor Yates requested the review of the City's travel per diem policy be agendized. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF FEBRUARY 28, 1994 Mr. Henderson recommended Council approve the minutes of February 28, 1994. A-2 WATER SUPPLY STATUS REPORT Mr. Henderson recommended Council accept the report for file. A-3 STATEMENT OF CASH AND INVESTMENTS - MARCH 1994 Mr. Henderson recommended Council accept the report for file. • A-4 EXPENDITURE REPORT - MARCH 1994 Mr. Henderson recommended Council approve the report. A-5 APPROVAL OF SUBLEASE FOR LEASE SITE 87-88/87W-88W This item was pulled from the Consent Calendar. A-6 APPROVAL OF SUBLEASE FOR LEASE SITE 89/89W This item was pulled from the Consent Calendar. A-7 RESOLUTION NO. 35-94 APPROVING CONTRACT AWARD FOR WEED ABATEMENT; PW 93-04 Mr. Henderson recommended Council adopt Resolution No. 35-94 awarding the weed abatement contract for 1994 to Morro Creek Nursery. A-8 PROCLAMATION DECLARING MAY 1994 AS "WATER AWARENESS MONTH" Mr. Henderson recommended Council adopt the Proclamation declaring May 1994 as "Water Awareness Month". • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 25, 1994 PAGE 4 • A-9 PROCLAMATION DECLARING MAY 11, 1994 AS "YOUTH IN GOVERNMENT DAY" Mr. Henderson recommended Council adopt the Proclamation declaring May 11, 1994 as "Youth in Government Day". A-10 RESOLUTION NO. 32-94 AMENDING CONSTRUCTION SCHEDULE FOR UNDERGROUND UTILITY DISTRICT NO. 5 Mr. Henderson recommended Council adopt Resolution No. 32-94 amending the construction schedule for Underground District No. 5. A-11 RESOLUTION NO. 33-94 APPROVING PUBLIC WORKS DEPARTMENT ENGINEERING SERVICE FEES Mr. Henderson recommended Council adopt Resolution No. 33-94 establishing and/or modifying fees to be charged for Public Works Engineering services. A-12 RESOLUTION NO. 34-94 IN SUPPORT OF LOCAL PRESERVATION PROGRAMS AT RISK Mr. Henderson recommended Council adopt Resolution No. 34-94 in support of Local Preservation Programs at Risk. A-13 DRAFT ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN • Mr. Henderson recommended Council adopt the Draft Antidisplacement and Relocation Assistance Plan. A-14 REJECTION OF CLAIM FOR DAMAGES AGAINST THE CITY (INN AT MORRO BAY) Mr. Henderson recommended Council reject the claim submitted by the Inn a Morro Bay. A-15 REJECTION OF CLAIM FOR DAMAGES AGAINST THE CITY (KEENER) Mr. Henderson recommended Council reject the claim submitted by Mark Keener. Mayor Yates pulled Items A-5, A-6, and A-10 from the Consent Calendar; Councilmember Mullen pulled Items A-1 and A-2. MOTION: Councilmember Crotzer moved Council approve the Consent Calendar with the exception of Items A-1, A-2, A-5, A-6, and A-10. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF FEBRUARY 28, 1994 Councilmember Mullen noted an amendment to page 10 of the February 28, 1994 minutes. 9 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 25, 1994 PAGE 5 • MOTION: Councilmember Mullen moved Council approve the minutes of February 28, 1994 as amended. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-2 WATER SUPPLY STATUS REPORT Councilmember Mullen requested per capita usage be included in the status report. Councilmember Crotzer requested average water consumption be included in the report. A-10 RESOLUTION NO. 32-94 AMENDING CONSTRUCTION SCHEDULE FOR UNDERGROUND UTILITY DISTRICT NO. 5 Mayor Yates expressed his concern with the timing of this project and requested it be postponed until after Labor Day. The consensus of the Council was to postpone the project until Fall 1994. MOTION: Mayor Yates moved Council direct the Public Works Director to negotiate with PG&E to delay the project to Fall 1994. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) • B. UNFINISHED BUSINESS B-1 CURRENT STATUS OF DESTINATION 2000 REPORT City Administrator Forrest Henderson reviewed the status of the Destination 2000 goals and objectives report. Councilmember Luna stated his primary concern is that the City employees are informed of the report. He said advisory board members should receive a copy of this report and consider the goals and objectives in their deliberations. Councilmember Mullen asked if there is an employee awareness of the Destination 2000 report? Mr. Henderson responded he will discuss this with department heads. Councilmember Mullen stated she would prefer the status of this report in writing. The consensus of the Council was to receive the status of the Destination 2000 report in writing at this time; and receive another status report at a Council meeting in August 1994. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 25, 1994 PAGE 6 • B-2 UPDATE ON LOCATION OF CITY -FUNDED BASKETBALL COURT Recreation & Parks Director, Andrea Lueker, reviewed the staff report and requested Council give direction on a location of the City -funded basketball court. Mayor Yates stated he favors placing the basketball court in City Park. Councilmember Crotzer stated he prefers placing the basketball court next to the Community Center. He said the City needs a basketball park. Councilmember Mullen stated North Morro Bay needs more recreation; perhaps the school district property would be a good location. Councilmember Unger agreed that North Morro Bay needs more recreation. Councilmember Luna stated he opposes placing another basketball court at City Park; he would like to see the shuffle board remain. Councilmember Luna stated North Morro Bay needs more recreation due to the increase of families with children that live there. Councilmember Crotzer recommended using the $11,000 to upgrade the courts in City Park and budgeting the $18,000 needed for a new court • in North Morro Bay. Councilmember Luna stated the funds should be used as intended. Councilmember Mullen asked if volunteers have been pursued for this project? She agreed that the basketball court at City Park should be improved. MOTION: Councilmember Luna moved Council direct staff to locate the proposed basketball court at Del Mar Park. The motion was seconded by Mayor Yates and unanimously carried. (5-0) B-3 RESOLUTION NO. 37-94 IN SUPPORT OF THE PROPOSED SAN LUIS OBISPO COUNTY ECONOMIC VITALITY CORPORATION MOTION: Councilmember Mullen moved Council approve Resolution No. 37-94 in support of the proposed San Luis Obispo County Economic Vitality Corporation. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) C. NEW BUSINESS - None Mayor Yates called for a break at 7:15 p.m.; the meeting resumed at 7:30 p.m. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 25, 1994 PAGE 7 • D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 CONSIDERATION OF PROPOSED REQUEST FOR QUALIFICATIONS FOR ECONOMIC DEVELOPMENT GRANT This item was pulled from the agenda. D-2 REVIEW OF FINAL SEAFOOD PROCESSING INDUSTRY STUDY Harbor Director, Rick Algert, introduced Mike Multari and Carl Moore of Crawford, Multari & Starr who reviewed Phase One of the study addressing salt water damage concerns and solid waste disposal; Phase Two addressing minimizing cost impacts and expansive use of land; and Phase Three addressing further expansion when non -coastal dependent use leases expire. Mr. Multari and Mr. Moore also addressed the economics involved in the study which include employment generation, revetment/dock rehabilitation, cost of expanded plant construction, and the cost of associated equipment. Councilmember Luna expressed concerns with the proposed location and referred to meeting the needs of the other seafood industries in Morro Bay. Mr. Multari responded the program requested a specific site be selected; Cordero/Winston was found to be the best location. He said the City could engage in contracting with other seafood industries to select another location. • Mayor Yates supported Councilmember Luna's comments and stated he would like the concerns of Central Coast Seafood to be addressed. He said the logical start is the dock/revetment assessment. Mr. Algert stated the seafood industry operators should get together to determine their needs and wants, submit their proposals to the City, then the City can assist them in the grant process. Councilmember Mullen stated California Integrated Waste Management provides grants which should be researched for this project. Councilmember Unger asked if recruiting other fisheries to Morro Bay was considered? Mr. Multari responded that was not considered in this report. Mayor Yates opened the hearing for public comment. Mary Phillips agreed with Councilmember Unger to invite other fisheries to Morro Bay. She stated water rates should be compensated for this industry. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 25, 1994 PAGE 8 •Catherine Cordero stated Cordero/Winston is looking to expand their processing plant and are researching their own funding source. She said they would like to design a tourist -friendly plant which would include viewing windows. Ms. Cordero stated with improvements they will be able to do more processing themselves rather than farming it out. Cathy Novak, President of Morro Bay Fishermen's Organization, stated the industry will be harmed if the FDA requirements are not met. She encouraged fulfilling this report. Savannah Williams, owner of Crill's Salt Water Taffy, stated the plan should include better access to her business. She also inquired to where the trash cans will be located? Ray Fields, production manager of Abalone Farm, stated they are negotiating with PG&E and the City to locate their abalone processing plant to Morro Bay. He said their concern with the proposed plan is truck access. Mayor Yates closed the hearing for public comment. Councilmember Crotzer expressed his support to the plan. He said the next step is in the hands of the private sector. •Councilmember Mullen expressed her interest in a sustainable approach to saving water for fish processing through perhaps flash distillation. She supports the review of reducing hook-up fees for the fish processing industry; and also suggested researching funding through the Waste Management Board. Councilmember Mullen addressed dock improvements. Councilmember Unger supported the Harbor Director's recommendation to request the seafood industry operators get together to determine their needs and wants and submit their proposals to the City. Councilmember Luna stated Central Coast Seafood's concerns should be addressed. Mayor Yates agreed with Councilmember Luna that Central Coast Seafood's concerns need to be addressed. Councilmember Mullen addressed the blast freezer and stated the City might be able to obtain grant funding. Cathy Cordero stated regulations may not allow them to use block ice which will impact the industry. She said they are researching the use of salt water ice machines. Councilmember Luna asked if it is possible to amend the regulations. Ms. Cordero responded it may be possible. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 25, 1994 PAGE 9 •Mayor Yates requested the seafood processing industries return to Council with a priority list and master plan no later than October 1994. D-3 RESOLUTION NO. 36-94 RATIFYING SUBMITTAL OF APPLICATION FOR FEDERAL TRANSIT ADMINISTRATION SECTION 18 GRANT FUNDING FOR ONE REPLACEMENT 16-PASSENGER TRANSIT VEHICLE Interim Public Works Director, William Boucher, introduced Resolution No. 36-94 and recommended Council approval ratifying the submittal of applications for Federal Transit Administration Section 18 grant funding for one replacement 16-passenger transit vehicle. Mayor Yates opened the hearing for public comment. Mary Phillips asked why a 16-passenger bus was being considered and not a smaller bus? Mayor Yates closed the hearing for public comment. MOTION: Councilmember Luna moved Council approve Resolution No. 36- 94 ratifying the submittal of applications for Federal Transit Administration Section 18 grant funding for one replacement 16-passenger transit vehicle. The motion was seconded by Councilmember Crotzer and unanimously carried. • (5-0) F. ADJOURNMENT MOTION: Councilmember Luna moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 8:45 p.m. Recorded by: Bridgett Davis City Clerk City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION - APRIL 11, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION ♦ WORKERS COMPENSATION CLAIM OF JUDY MENDONCA, WCAB NO. 7632 E-2 GOVERNMENT CODE SECTION 54956.9(C), POSSIBLE INITIATION OF LITIGATION ♦ DISCUSSION OF POSSIBLE INITIATION OF LITIGATION ARISING OUT OF CONSTRUCTION OF THE COMMUNITY CENTER AND CONTINUING WATER DAMAGE TO ITS FLOOR E-3 GOVERNMENT CODE SECTION 54957.6, LABOR NEGOTIATIONS ♦ DISCUSSIONS WITH CITY'S REPRESENTATIVE IN LABOR NEGOTIATIONS FOR THE PURPOSE OF REVIEWING THE CITY'S POSITION AND INSTRUCTING ITS REPRESENTATIVE REGARDING LABOR POLICY AND NEGOTIATIONS REGULAR MEETING - APRIL 11, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. • 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF FEBRUARY 14, 1994 A-2 PROCLAMATION DECLARING APRIL 1994 AS "MONTH OF THE CHILD" A-3 PROCLAMATION DECLARING MAY 1994 AS "PERINATAL SUBSTANCE ABUSE AWARENESS 0 MONTH" 4 PROCLAMATION DECLARING APRIL 1994 AS "EARTHQUAKE PREPAREDNESS MONTH" 46- A-5 PROCLAMATION DECLARING MAY 1-7, 1994 AS "AIDS AWARENESS DAYS" A-6 RESOLUTION 30-94 APPROVING BUDGET ADJUSTMENT FOR PROFESSIONAL SERVICES FOR BUILDING PLAN REVIEW A-7 APPROVAL OF POLICY PERMITTING DEPARTMENT HEADS TO ROLLOVER HALF OF UNUSED BUDGETS A-8 DECLARATION OF SURPLUS PROPERTY B. UNFINISHED BUSINESS B-1 UPDATE ON CITY OF MORRO BAY NEWSLETTER C. NEW BUSINESS C-1 CONSIDERATION OF HOSTING A WATER SYMPOSIUM C-2 CONSIDERATION OF CITY TREE PLANTING PROGRAM C-3 DISCUSSION OF ELECTION CODE SECTION 4009.5 C-4 REVIEW OF CITY SMOKING ORDINANCE AF5 DISCUSSION OF POTENTIAL USE OF CDBG FUNDING FOR AN ECONOMIC DEVELOPMENT PLAN, AND A NON-PROFIT COUNTY -WIDE ECONOMIC VITALITY CORPORATION C-6 DISCUSSION OF MORRO BAY BEAUTIFUL RESOLUTION C-7 RESOLUTION NO. 31-94: APPROVAL OF AGREEMENT FOR SALES TAX AUDIT AND INFORMATION SERVICES WITH HINDERLITER, DELLAMAS AND ASSOCIATES D. PUBLIC HEARINGS REPORTS & APPEARANCES D-1 DISCUSSION OF TROLLEY OPERATION AND MAINTENANCE FINANCING PROGRAM AND CONSIDERATION OF TROLLEY PURCHASE D-2 RESOLUTION NO. 29-94 OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF MORRO BAY; AND ORDINANCE NO. 437 TO AMEND CONTRACT WITH PUBLIC EMPLOYEE RETIREMENT SYSTEM TO PROVIDE FOR THE 2% @ 55 OPTIONAL BENEFIT FOR LOCAL MISCELLANEOUS MEMBERS (FIRST READING/INTRODUCTION) F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE AWNTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO 'RMVIDE ACCESSIBILITY TO THE MEETING. F P • • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - APRIL 11, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. Vice Mayor Mullen called the meeting to order at 5:20 p.m. PRESENT: ABSENT: STAFF: CLOSED SESSION Susan Mullen Colby Crotzer Ben Luna Ahnawake Unger Mayor Yates Forrest Henderson David Hunt Vice Mayor Councilmember Councilmember Councilmember Mayor City Administrator City Attorney E-1 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION ♦ WORKERS COMPENSATION CLAIM OF JUDY MENDONCA, WCAB NO. 7632 E-2 GOVERNMENT CODE SECTION 54956.9(C), POSSIBLE INITIATION OF LITIGATION ♦ DISCUSSION OF POSSIBLE INITIATION OF LITIGATION ARISING OUT OF CONSTRUCTION OF THE COMMUNITY CENTER AND CONTINUING WATER DAMAGE TO ITS FLOOR E-3 GOVERNMENT CODE SECTION 54957.6, LABOR NEGOTIATIONS ♦ DISCUSSIONS WITH CITY'S REPRESENTATIVE IN LABOR NEGOTIATIONS FOR THE PURPOSE OF REVIEWING THE CITY'S POSITION AND INSTRUCTING ITS REPRESENTATIVE REGARDING LABOR POLICY AND NEGOTIATIONS MOTION: Councilmember Luna moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) Vice Mayor Mullen read the Closed Session statement. The meeting adjourned to Closed Session at 5:20 p.m. and returned to regular session at 5:55 p.m. MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) The meeting adjourned at 5:55 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 11, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Vice Mayor Mullen called the meeting to order at 6:00 p.m. • E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 11, 1994 PAGE 2 ROLL CALL PRESENT: Susan Mullen Colby Crotzer Ben Luna Ahnawake Unger ABSENT: Mayor Yates STAFF: Forrest Henderson David Hunt Bill Boucher Bridgett Davis Rudy Hernandez Dave Howell Jeff Jones Andrea Lueker E. Szwabowski Mike Upton Vice Mayor Councilmember Councilmember Councilmember Mayor City Administrator City Attorney Int. Public Works Director City Clerk Finance Director Police Chief Fire Chief Recreation & Parks Director Building Official Public Works Admin. Asst. Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Maggie White presented the "Lighten Up" this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Vice Mayor Mullen stated Council by a 4/5 vote added a Closed Session Item regarding Government Code Section 54954.8 - Real Property Negotiations to tonight's agenda to discuss possible acquisition of real property. She said Council also discussed the matter of the Community Center floor in Closed Session and authorized the City Attorney to make an attempt to resolve the matter. Vice Mayor Mullen presented a Certificate of Appreciation to Clyde Ganes, Building Inspector, from the City of Simi Valley for his inspection services after the major earthquake that hit their City. Vice Mayor Mullen announced "Youth in Government Day" will take place on May 11, 1994. Councilmember Luna announced "Gangs Out" Task Force brochures are available. PUBLIC COMMENT Jo L. Merriman addressed Council on the smoking ordinance stating he is in favor of banning smoking in public places in Morro Bay. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 11, 1994 PAGE 3 • Val Sherman stated banning smoking in public places would go against the Constitution of the United States. Mark Tognazzini, President of Morro Bay Boosters, stated banning smoking will not be a benefit to their organization. Suedene Nelson addressed Council on a survey of restaurants that offer smoking v. non-smoking in the City. She stated banning smoking in public places would create an economic hardship for local businesses. Ms. Nelson submitted a petition containing 800 Lynda Merrill stated the Police Department should not have to enforce the smoking ordinance. Dr. Patrick Vaughan stated a non-smoker cannot be protected from second-hand smoke and urged Council to consider banning smoking in public places within the City. Jim Wood stated individuals should be allowed to have the freedom to smoke. Jack Curry stated he supports having no -smoking areas; however, businesses should not be forced to ban smoking in their establishments. • George Leage expressed his opposition to a ban on smoking stating he will experience a 20% drop in business if this takes place. Dave Tope, owner of Happy Jack's, stated his opposition to a ban on smoking in public places. Cathy Cordero expressed her opposition to a ban on smoking in public places. Cathy Novak expressed her opposition to banning smoking in public places. Roger Marlin stated a business owner has the right to choose to allow smoking or no -smoking. He said he supports the trolley stating it will provide the link between downtown and the Embarcadero. Carol Grant stated people need to educate themselves on what is happening in San Luis Obispo and how their non-smoking ban is a benefit to the city. Bill Walters, attorney representing owners of the Cloisters property, addressed Item C-6 (Discussion of Morro Bay Beautiful Resolution) and stated it is directed towards and taints the Cloisters property. He said he is concerned with staff looking for 1-1 L MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 11, 1994 PAGE 4 • new policy direction after the project has already received a long- established policy history. Mr. Walters suggested Council support the bond measure but not approve the proposed resolution. John Woodruff, Inn at Morro Bay, stated businesses should regulate their own smoking policy. Ann Dancer, San Luis Obispo County Health Department, stated education is an important factor regarding smoking. Donna Rickshaw stated business in Morro Bay has increased since San Luis Obispo placed a ban on smoking in their business establishments. Carla Main, President of Morro Bay Restaurant Association, stated her opposition to ban smoking in public places. Mary Phillips addressed Council regarding a letter she received from Andrea Seastrand on water quality. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS Vice Mayor Mullen requested the discussion of Bill Hannah's pilot project regarding flash distillation be agendized. • A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF FEBRUARY 14, 1994 Mr. Henderson recommended Council approve the City Council Minutes for the Regular Meeting of February 14, 1994. A-2 PROCLAMATION DECLARING APRIL 1994 AS "MONTH OF THE CHILD" Mr. Henderson recommended Council adopt the Proclamation declaring April 1994 as "Month of the Child". A-3 PROCLAMATION DECLARING MAY 1994 AS "PERINATAL SUBSTANCE ABUSE AWARENESS MONTH" Mr. Henderson recommended Council adopt the Proclamation declaring May 1994 as "Perinatal Substance Abuse Awareness Month". A-4 PROCLAMATION DECLARING APRIL 1994 AS "EARTHQUAKE PREPAREDNESS MONTH" Mr. Henderson recommended Council adopt the Proclamation declaring . April 1994 as "Earthquake Preparedness Month". • • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 11, 1994 PAGE 5 A-5 PROCLAMATION DECLARING MAY 1-7,1994 AS "AIDS AWARENESS DAYS" Mr. Henderson recommended Council adopt the Proclamation declar-ing May 1-7, 1994 as "Aids Awareness Days". A-6 RESOLUTION NO. 30-94 APPROVING BUDGET ADJUSTMENT FOR PROFESSIONAL SERVICES FOR BUILDING PLAN REVIEW Mr. Henderson recommended Council adopt Resolution No. 30-94 increasing the building services appropriation by $22,000; costs will be offset by an increase in plan check fees. A-7 APPROVAL OF POLICY PERMITTING DEPARTMENT HEADS TO ROLLOVER HALF OF UNUSED BUDGET FUNDS Mr. Henderson recommended Council approve staff's proposed policy permitting department heads to rollover half of unused budget funds after the year-end audit. A-8 DECLARATION OF SURPLUS PROPERTY Mr. Henderson recommended Council declare the 1964 Chevrolet pick- up, Equipment No. 0042, surplus to the City's need and authorize its sale at public auction. Councilmember Crotzer pulled Item A-3 from the Consent Calendar; Councilmember Luna pulled Item A-6; and Councilmember Unger pulled Item A-7. MOTION: Councilmember Unger moved Council approve the Consent Calendar with the exception of Items A-3 , A-6 , and A-7 . The motion was seconded by Councilmember Luna and unanimously carried. (4-0) A-3 PROCLAMATION DECLARING MAY 1994 AS "PERINATAL SUBSTANCE ABUSE AWARENESS MONTH" Councilmember Crotzer requested Vice Mayor Mullen read the Proclamation declaring May 1994 as "Perinatal Substance Abuse Awareness Month" for the record. MOTION: Councilmember Crotzer moved Council adopt the Proclamation declaring May 1994 as "Perinatal Substance Abuse Awareness Month". The motion was seconded by Councilmember Luna and unanimously carried. (4-0) Vice Mayor Mullen presented the Proclamation to Gloria Moore from the County Drug and Alcohol Services Department. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 11, 1994 PAGE 6 • A-6 RESOLUTION NO. 30-94 APPROVING BUDGET ADJUSTMENT FOR PROFESSIONAL SERVICES FOR BUILDING PLAN REVIEW Councilmember Luna asked for clarification on the proposed budget adjustment for professional building plan check services. Building Official Elizabeth Szwabowski responded projects such as Albertson's require technical services that include mechanical, electrical, and structural reviews; the building department does not have the staff to perform these services. She said the projects that require these technical reviews pay for the contracted services. Councilmember Unger asked if the increase is specifically indigenous to the actual project? Ms. Szwabowski responded the applicant is charged for the actual service performed. Councilmember Unger stated she cannot support an increase to the plan check fees. MOTION: Councilmember Luna moved Council approve Resolution No. 30-94 adjusting the Fiscal Year 1993/94 budget for the Community Development Department. The motion was seconded by Vice Mayor Mullen and carried with Councilmember Unger voting no. (3-1) A-7 APPROVAL OF POLICY PERMITTING DEPARTMENT HEADS TO ROLLOVER • HALF OF UNUSED BUDGETS Councilmember Unger asked if the proposed rollover is specific for each department; Finance Director Rudy Hernandez responded yes. Vice Mayor Mullen stated she would like each department receive credits based on management strategies that achieve the savings. Councilmember Crotzer stated the benefit of savings to the City should be experienced by the initiator of the concept; for example, an employee could receive a percentage of the savings experienced by a department as a bonus or incentive. Councilmembers Luna and Unger agreed with the incentive for employees to save the City money. Council directed staff to return this item to a future Council meeting for further discussion. B. UNFINISHED BUSINESS B-1 UPDATE ON CITY OF MORRO BAY NEWSLETTER Recreation and Parks Director Andrea Lueker reviewed the update of the City's newsletter. She said the preliminary costs of the newsletter, including bulk mailing, will be approximately $1,200- • $1,400 for each issue. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 11, 1994 PAGE 7 • Councilmember Luna asked if advertising is being pursued to offset the cost of producing the newsletter? Ms. Lueker responded that has not been pursued at this time. Councilmember Unger asked how much money is in the budget for the first publication? City Administrator Forrest Henderson responded Council allocated approximately $3,400 for the newsletter. Councilmember Crotzer asked how much postage will be? Ms. Lueker responded approximately $250-$300. He inquired as to what topics the newsletter will cover? Vice Mayor Mullen responded it will cover updates and progress on issues not necessarily known by the public. MOTION: Councilmember Luna moved Council recommend staff pursue the sale of advertising to offset the cost of producing the newsletter. The motion was seconded by Councilmember Unger and unanimously carried. (4-0) Vice Mayor Mullen called for a break at 7:25 p.m.; the meeting resumed at 7:30 p.m. D. PUBLIC HEARINGS REPORTS & APPEARANCES • D-1 DISCUSSION OF TROLLEY OPERATION AND MAINTENANCE FINANCING PROGRAM AND CONSIDERATION OF TROLLEY PURCHASE Councilmember Luna reviewed the proposal of implementing a downtown/waterfront shuttle system. He addressed pros and cons of using a double-decker bus, Dial -A -Ride van, and trolley. Councilmember Luna recommended Council: 1) review the options included in the report; 2) receive public input; 3) select one of the vehicle options and provide direction to staff to implement it. If the trolley option is selected, authorize and direct staff to purchase a used trolley with parking in -lieu funds; 4) direct staff to bring back amendments to Title 5 (Section 5.08) of the Morro Bay Municipal Code for the purpose of implementing a one-time $25.00 business license fee, and to establish the necessary findings to show the nexus between said fee and shuttle system, and direct staff to bring back the necessary amendments to the master fee schedule; and 5) direct staff to implement the proposed revenue program. Vice Mayor Mullen called for a break at 7:50 p.m. in order to view the double-decker bus; the meeting resumed at 8:20 p.m. Vice Mayor Mullen opened the hearing for public comment. The following people expressed support to the proposed trolley service: Suedene Nelson, Jack Curry, John Woodruff, Dave Tope, and • Lynda Merrill. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 11, 1994 PAGE 8 • Ralph Gunther expressed his strong objections to the trolley proposal. Mary Phillips suggested a Dial -A -Ride bus be converted into a trolley. Marge Lanley stated she supports the trolley proposal; however, it should not be funded through the parking in -lieu fees. Cathy Cordero stated she supports the trolley proposal. She suggested placing the passenger loading zones out of the flow of traffic. Vice Mayor Mullen closed the hearing for public comment. Councilmember Luna stated the trolley operated successfully during the Harbor Festival. He said a shuttle system will mitigate the City's parking problem. Councilmember Luna addressed a letter he received from Bob Gray from Gray's Inn in support of the trolley proposal and stated the parking situation on the south -end of the Embarcadero has become dramatically worse each year and a shuttle system should help. Councilmember Crotzer stated he supports the trolley proposal; he • asked that handicapped and bicyclists needs be considered. Councilmember Unger stated she supports the trolley proposal. She said she would prefer purchasing a trolley vs. renting or leasing. Vice Mayor Mullen stated she supports the trolley proposal and said there may be opportunities to perhaps lease the trolley out when not in use in Morro Bay. She asked that the Dial -A -Ride redesign be brought back to Council for reconsideration. Councilmember Luna addressed Councilmember Crotzer's concern regarding access to the physically -disabled, and stated his intention is to purchase a trolley which is retrofitted with a lift to assist the handicapped, and also provide bike racks for bicyclists. City Attorney David Hunt addressed the use of parking in -lieu fees for the purchase of the trolley and recommended this be brought back to Council in the form of a resolution and addressed as a public hearing item. Councilmember Luna asked for clarification regarding contracting with either Ride -On or the Mayflower Company to facilitate operation and maintenance. Mr. Hunt responded the recommended resolution should incorporate instructions to staff to obtain proposals from Ride -On and Mayflower Company in order to make a 0 subsequent award of the contract. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 11, 1994 PAGE 9 • MOTION: Councilmember Luna moved Council direct staff to prepare a resolution supporting the purchase of a trolley from the parking in -lieu fee fund; direct staff to provide a budget of up to $40,000 for the purchase of said vehicle; direct staff to bring back amendments to Title 5 (Section 5.08) of the Morro Bay Municipal Code for the purpose of implementing a one-time $25.00 business license fee to all businesses affected on the route, and to establish the necessary findings to show the nexus between said fee and the shuttle system; direct staff to bring back the necessary amendments to the Master Fee Schedule and implement the proposed revenue program as outlined in the report; Council approve an inter -fund loan of $10,000 from the General Fund to the Trolley Fund for the purpose of providing an upfront budget to begin operation, of which revenues will be returned to the General Fund as revenues are generated; and that staff return this direction to Council in the form of a resolution to be heard as a public hearing item at the next available City Council meeting. The motion was seconded by Councilmember Unger and unanimously carried. (4-0) MOTION: Councilmember Luna moved Council further direct staff to incorporate in said resolution proposals from Ride -On and • Mayflower Company in order to make a subsequent award of the contract. The motion was seconded by Councilmember Unger and unanimously carried. (4-0) D-2 RESOLUTION NO. 29-94 OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF MORRO BAY; AND ORDINANCE NO. 437 TO AMEND CONTRACT WITH PUBLIC EMPLOYEE RETIREMENT SYSTEM TO PROVIDE FOR THE 2% @ 55 OPTIONAL BENEFIT FOR LOCAL MISCELLANEOUS MEMBERS (FIRST READING/INTRODUCTION) Personnel Officer Ardith Davis reviewed the proposed amendment to the existing PERS contract. Vice Mayor Mullen opened the hearing for public comment; there was no comment and the public hearing was closed. MOTION: Councilmember Luna moved Council approve Resolution No. 29-94 of intention to approve an amendment to contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Morro Bay. The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 11, 1994 PAGE 10 • MOTION: Councilmember Luna moved to have Ordinance No. 437 read by title and number. The motion was seconded by Councilmember Unger and unanimously carried. (4-0) City Administrator Forrest Henderson read Ordinance No. 437 by title and number. MOTION: Councilmember Luna moved Council adopt Ordinance No. 437 for first reading and introduction. The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) C. NEW BUSINESS The consensus of Council was to take the New Business agenda items out of order. C-7 RESOLUTION NO. 31-94: APPROVAL OF AGREEMENT FOR SALES TAX AUDIT AND INFORMATION SERVICES WITH HINDERLITER, DELLAMAS AND ASSOCIATES Finance Director Rudy Hernandez introduced Mr. de Llamas of the firm of Hinderliter, de Llamas and Associates who reviewed the Sales Tax Audit and Information Services Agreement. Mr. Hernandez recommended Council approve Resolution No. 31-94 approving the • proposed agreement with the firm of Hinderliter, de Llamas and Associates. Councilmember Luna asked if this is proposed as an on -going process; Mr. Hernandez responded yes. Mr. de Llamas stated new audits are performed approximately every 18 months due to the change in the business community. MOTION: Councilmember Unger moved Council approve the Sales Tax Audit and Information Services Agreement with the firm of Hinderliter, DeLlamas and Associates; and authorize the City Administrator to sign the Agreement. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) MOTION: Councilmember Unger moved Council approve Resolution No. 31-94 authorizing access to sales and use tax records pursuant to Revenue and Taxation Code Section 7056. The motion was seconded by Councilmember Luna and unanimously carried. (4-0) C-1 CONSIDERATION OF HOSTING A WATER SYMPOSIUM Councilmember Unger stated the objective for a water conservation reclamation symposium is to formulate practical and cost-effective implementation measures which would then be part of the Water • Management Plan prepared for the City. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 11, 1994 PAGE 11 • The consensus of the Council was in support of holding a symposium as proposed by Councilmember Unger. Councilmember Luna stated the symposium should have a goal of how the information and conclusions obtained at the symposium will be carried out. Councilmember Crotzer suggested a joint meeting format with the Water Advisory Board. He said the proposed flash distillation project should be added to the scope of issues discussed. Councilmember Mullen suggested the Water Advisory Board return to Council with recommendations addressing the symposium concept. City Administrator Forrest Henderson stated the Water Advisory Board will receive Council's comments, review the symposium concept, and return to Council at a future meeting with their recommendations. No action was taken on this item. C-2 CONSIDERATION OF CITY TREE PLANTING PROGRAM City Administrator Forrest Henderson stated this item was agendized • at the request of Mayor Yates. He said the City currently does not have a tree planting program; however, an application for a Small Business Administration Tree Planting Program Grant is being presented to Council for review. This grant will allow for 52 street trees along north Main Street and Quintana Road in existing empty tree wells, and if approved, planting will be completed by March 1995. Vice Mayor Mullen expressed Mayor Yates' sentiments that he supports the tree planting program, as well as the replacement of residential trees which needs to be added as a budget item in the next budget. Councilmember Unger stated Morro Bay Beautiful encourages Council to approve the tree planting program. Councilmember Crotzer stated he is in favor of this program and would like to see the City go forward with the grant; however, it warrants more public input. He said the planting of these residential trees should be of public benefit and the City should pick species that do not encroach on views. Councilmember Luna stated he would like the California Conservation Corps to be involved in this tree planting program. Councilmember Mullen stated she supports the grant and would like • to budget more to demonstrate a community effort. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 11, 1994 PAGE 12 • Mr. Henderson clarified Council's consensus that staff go before the Streets and Trees Committee to develop a tree planting program, recognize the need for more funds in the upcoming budget, and the inclusion of the California Conservation Corps in the program. No action was taken on this item. Vice Mayor Mullen called for a break at 9:40 p.m.; the meeting resumed at 9:50 p.m. C-3 DISCUSSION OF ELECTION CODE SECTION 4009.5 City Administrator Forrest Henderson reviewed Election Code §4009.5 which provides the Council with the opportunity, with regard to an initiative petition, to seek any staff report they may require regarding fiscal impact, internal consistency of the city's planning ordinances, and any other matter Council may request to be in the staff report should one be directed to take place. The consensus of Council was not to support this provision of the Election Code. No action was taken on this item. • C-4 REVIEW OF CITY SMOKING ORDINANCE Councilmember Crotzer reviewed the justifications of a Smoke -Free City Ordinance in Morro Bay. He said the proposed amendments to the City's current ordinance was prepared by Vice Mayor Mullen, Karen Bergher, Ric Deschler, and himself. Councilmember Luna stated he is not ready to make an informed decision on this matter this evening. He said he is open to further discussion in a workshop perhaps outlined in a National Issues Forum format. Councilmember Unger stated she does not support the proposed amendments to the existing smoking ordinance; she said the amendments will not benefit the entire community. Councilmember Mullen stated there is a myriad of laws and responsibilities dealing with hazardous substances and she would feel hypocritical on her stance related to environmental protection if she does not support the proposed amendments to the City's existing smoking ordinance. MOTION: Councilmember Mullen moved to direct staff to schedule a workshop to address the issue of smoking in the workplace including educational information, and to discuss what can be included in a proposed ordinance. Council further • directed staff to research the National Issues Forum MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 11, 1994 PAGE 13 • format for this workshop. The motion was seconded by Councilmember Crotzer and carried with Councilmember Unger voting no. (3-1) C-5 DISCUSSION OF POTENTIAL USE OF CDBG FUNDING FOR AN ECONOMIC DEVELOPMENT PLAN, AND A NON-PROFIT COUNTY -WIDE ECONOMIC VITALITY CORPORATION Councilmember Mullen reviewed the grant preparation and implementation process of an economic development plan. She introduced Carleen Bedwell of the California Association for Local Economic Development. Ms. Bedwell stated there are three activities in the preparation of a grant to implement an economic development plan: 1) writing the grant; 2) consultant carrying out the project; and 3) administering the grant. The consensus of Council was in support of this concept. MOTION: Councilmember Mullen moved Council approve the idea of pursuing an economic development plan through application of second round funding for an economic development block grant due by July 8, 1994; approve the idea of doing a competitive Request for Qualifications (RFQ) for both grant preparation and project implementation; and request the RFQ be prepared and brought back to the April 25, • 1994 City Council meeting for a public hearing. The motion was seconded by Councilmember Unger and unanimously carried. (4-0) Tom Sullivan, Vice Chairman of the San Luis Obispo County Economic Advisory Committee, explained the purpose of this committee is to act as an advisory body to the Board of Supervisors in constructing and implementing an economic strategy for the county. He stated the committee is in the process of attempting to form an Economic Vitality Corporation in order to assist businesses who want to locate to this area. Mr. Sullivan requested the City Council approve a resolution in support of forming a non-profit Economic Vitality Corporation in San Luis Obispo County and direct the resolution to the Board of Supervisors. MOTION: Councilmember Mullen moved Council direct staff to draft a resolution in support of the concept of forming an Economic Vitality Corporation, and direct this resolution to the Board of Supervisors advising them the City Council will not channel funds at this time. The motion was seconded by Councilmember Luna and carried with Councilmember Unger voting no. (3-1) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 11, 1994 PAGE 14 . MOTION: Councilmember Luna moved to continue the meeting beyond 11:00 p.m. The motion was seconded by Councilmember Unger and unanimously carried. (4-0) C-6 DISCUSSION OF MORRO BAY BEAUTIFUL RESOLUTION MOTION: Councilmember Unger moved Council support the resolution proposed by the Morro Bay Beautiful Foundation with the exception of paragraph five which shall be amended to read "Whereas the allocation set aside for San Luis Obispo County from these bond act funds amounts to $20 million". The motion failed with a lack of a second. No action was taken on this item. F. ADJOURNMENT MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) The meeting adjourned at 11:15 p.m. . Recorded by: Bridge Davis City Clerk • I /a ��. � y \: 2 � � : City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION - MARCH 28, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54957.6, LABOR NEGOTIATIONS ♦ DISCUSSIONS WITH, AND PROVIDE DIRECTION TO, CITY'S REPRESENTATIVE IN LABOR NEGOTIATIONS REGARDING EMPLOYEE RELATIONS REGULAR MEETING - MARCH 28, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 XIGHTEN UP YOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF JANUARY 24, 1994 AND CONTINUED PUBLIC HEARING OF FEBRUARY 3, 1994 A-2 WATER SUPPLY STATUS REPORT A-3 STATEMENT OF CASH AND INVESTMENTS - FEBRUARY 1994 A-4 EXPENDITURE REPORT - FEBRUARY 1994 A-5 RESOLUTION NO. 26-94 APPROVING LEASE AGREEMENT FOR LEASE SITE 37W 10-6 RESOLUTION NO. 25-94 AMENDING U.S. COAST GUARD LEASE AGREEMENT 1 -7 APPROVAL OF CITY REPRESENTATIVES' ATTENDANCE AT CMANC MEETING IN WASHINGTON D.C. IN APRIL 1994 A-8 RESOLUTION NO. 24-94 IN SUPPORT OF ASSEMBLY BILL 2444 TO PROTECT CALIFORNIA'S COASTLINE FROM INCREASED OFF -SHORE OIL AND GAS DEVELOPMENT A-9 RESOLUTION NO. 28-94 IN SUPPORT OF ASSEMBLY CONSTITUTIONAL AMENDMENT 34 DESIGNED TO END STATE GOVERNMENT'S PRACTICE OF PASSING UNFUNDED MANDATES TO LOCAL GOVERNMENTS A-10 RESOLUTION NO. 23-94 IN SUPPORT OF URGING THE DISTRICT ATTORNEY'S OFFICE AND THE COURTS TO ADOPT A "ZERO TOLERANCE" POLICY FOR PERSONS FOUND GUILTY OF ILLEGAL GUN POSSESSION A-11 RESOLUTION NO. 21-94 AUTHORIZING THE CITY TREASURER TO ENTER INTO A MASTER CARD AGREEMENT FOR THE CITY OF MORRO BAY A-12 RESOLUTION NO. 08-94 APPROVING CITY WASTE DIVERSION POLICY AND RECYCLED PRODUCTS PURCHASING POLICY A-13 RESOLUTION NO. 22-94 RATIFYING SUBMITTAL OF APPLICATIONS FOR REGIONAL SURFACE TRANSPORTATION PROGRAM FUNDING A-14 PROCLAMATION DECLARING APRIL 18-22, 1994 AS "COMMUNITY SPRING CLEAN-UP • WEEK" A-15 PROCLAMATION DECLARING APRIL 19, 1994 AS "NATIONAL YOUTH SERVICE DAY" A-16 PROCLAMATION DECLARING APRIL 11-17, 1994 AS "LEGACY WEEK" A-17 APPOINTMENT OF APPLICANT TO COMMUNITY PROMOTIONS COMMITTEE (GARY GILLMAN; MEMBER -AT -LARGE) A-18 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (ANDERSON) B. UNFINISHED BUSINESS B-1 ORDINANCE NO. 436 - REVISIONS TO MORRO BAY MUNICIPAL CODE SECTION 12.08 RELATING TO TREES IN PUBLIC RIGHTS -OF -WAY (SECOND READING AND ADOPTION) C. NEW BUSINESS C-1 PRESENTATION OF FISCAL YEAR 1992/93 AUDIT REPORT C-2 REVIEW OF FIRE ENGINE FINANCING AND AWARD OF CONTRACT C-3 CONSIDERATION OF HOSTING A WATER SYMPOSIUM C-4 CONSIDERATION OF CITY TREE PLANTING PROGRAM 0-5 DISCUSSION OF FEASIBILITY OF SATURDAY DIAL -A -RIDE SERVICE &. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 REVIEW OF FOUNDATION CRITERIA FOR DEVELOPMENT OF WATER RATE SCHEDULE D-2 DISCUSSION OF PROPOSED AMENDMENTS TO SAN LUIS OBISPO COUNTY ANIMAL CONTROL ORDINANCE D-3 APPEAL OF PLANNING COMMISSION ACTION UPHOLDING CODE ENFORCEMENT ACTION (LOCATION: 2970 GREENWOOD; APPLICANT: HOLINBECK) - CONTINUED TO MAY 9, 1994 F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT • LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. • ki r • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - MARCH 28, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:20 p.m. PRESENT ABSENT STAFF: CLOSED SESSION Mayor Yates Colby Crotzer Ben Luna Susan Mullen Ahnawake Unger None Forrest Henderson David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Luna moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 5:20 p.m. and returned to regular session at 5:56 p.m. MOTION: Councilmember Mullen moved the meeting be adjourned. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) The meeting adjourned at 5:56 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 28, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None • • 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 28, 1994 PAGE 2 STAFF: Forrest Henderson David Hunt Rick Algert Bill Boucher Bridgett Davis Don Funk Rudy Hernandez Dave Howell Jeff Jones Andrea Lueker City Administrator City Attorney Harbor Director Interim Public Works Director City Clerk Community Development Director Finance Director Police Chief Fire Chief Recreation & Parks Director Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Rupert Chowin presented the "Lighten Up" for this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates announced the City's Annual Easter Egg Hunt scheduled for Saturday, April 2, 1994 at Morro Elementary School. Mayor Yates addressed the controversy regarding the feral cats at Morro Rock and said the Department of Fish & Game will not allow the cats to be returned to that location. Mayor Yates stated discussion regarding Election Code Section 4009.5 will be discussed at the next City Council meeting. Councilmember Luna announced he is looking for people to start the Morro Bay Chapter of Gangs Out. Councilmember Mullen stated the Scenic Coast Players will be performing in "The Good Doctor" in August. Councilmember Crotzer addressed the recent event of graffiti at Los Osos Middle School and the negative media coverage. PUBLIC COMMENT Mayor Yates introduced Assemblyman Jack O'Connell who addressed Council on Resolution No. 24-94 in support of AB 2444 to protect California's coastline from increased off -shore oil and gas development. Ernie Miller addressed Council regarding his concerns on water issues. Warren Dorn addressed Council regarding reclaimed water; Rock Solid recycling truck which is dropping trash around town; and a letter requesting City Attorney opinion regarding the Cloister's Subdivision. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 28, 1994 PAGE 3 • Mary Phillips expressed her support of the State Water Project. Charles Palmer addressed Council regarding water rates and offered alternatives to the City's water dilemma. DECLARATION OF FUTURE AGENDA ITEMS - None. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF JANUARY 24, 1994 AND CONTINUED PUBLIC HEARING OF FEBRUARY 3, 1994 Mr. Henderson recommended Council approve the minutes for the regular meeting of January 24, 1994 and the continued public hearing of February 3, 1994. A-2 WATER SUPPLY STATUS REPORT Mr. Henderson recommended Council accept the report for file. A-3 STATEMENT OF CASH AND INVESTMENTS - FEBRUARY 1994 • Mr. Henderson recommended Council accept the report for file. A-4 EXPENDITURE REPORT - FEBRUARY 1994 Mr. Henderson recommended Council accept the report for file. A-5 RESOLUTION NO. 26-94 APPROVING LEASE AGREEMENT FOR LEASE SITE 37W Mr. Henderson recommended Council approve Resolution No. 26-94 authorizing the Mayor to execute a new 12-year lease agreement with Paul and Alfred Meyer for Lease Site 37W. A-6 RESOLUTION NO. 25-94 AMENDING U.S. COAST GUARD LEASE AGREEMENT Mr. Henderson recommended Council approve Resolution No. 25-94 authorizing the Mayor to execute a lease amendment to the U.S. Coast Guard berthing agreement. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 28, 1994 PAGE 4 • A-7 APPROVAL OF CITY REPRESENTATIVES' ATTENDANCE AT CMANC MEETING IN WASHINGTON D.C. IN APRIL 1994 Mr. Henderson recommended Council approve of the Mayor and Harbor Director traveling to Washington, D.C. to attend the CMANC meeting and promote federal dredging projects and Coast Guard replacement vessels in Morro Bay. A-8 RESOLUTION NO. 24-94 IN SUPPORT OF ASSEMBLY BILL 2444 TO PROTECT CALIFORNIA'S COASTLINE FROM INCREASED OFF -SHORE OIL AND GAS DEVELOPMENT Mr. Henderson recommended Council approve Resolution No. 24-94. A-9 RESOLUTION NO. 28-94 IN SUPPORT OF ASSEMBLY CONSTITUTIONAL AMENDMENT 34 DESIGNED TO END STATE GOVERNMENT'S PRACTICE OF PASSING UNFUNDED MANDATES TO LOCAL GOVERNMENTS Mr. Henderson recommended Council approve Resolution No. 28-94. A-10 RESOLUTION NO. 23-94 IN SUPPORT OF URGING THE DISTRICT ATTORNEY'S OFFICE AND THE COURTS TO ADOPT A "ZERO TOLERANCE" POLICY FOR PERSONS FOUND GUILTY OF ILLEGAL GUN POSSESSION Mr. Henderson recommended Council approve Resolution No. 23-94. • A-11 RESOLUTION NO. 21-94 AUTHORIZING THE CITY TREASURER TO ENTER INTO A MASTER CARD AGREEMENT FOR THE CITY OF MORRO BAY Mr. Henderson recommended Council approve Resolution No. 21-94. A-12 RESOLUTION NO. 08-94 APPROVING CITY WASTE DIVERSION POLICY AND RECYCLED PRODUCTS PURCHASING POLICY Mr. Henderson recommended Council approve Resolution No. 08-94. A-13 RESOLUTION NO. 22-94 RATIFYING SUBMITTAL OF APPLICATIONS FOR REGIONAL SURFACE TRANSPORTATION PROGRAM FUNDING Mr. Henderson recommended Council approve Resolution No. 22-94. A-14 PROCLAMATION DECLARING APRIL 18-22, 1994 AS "COMMUNITY SPRING CLEAN-UP WEEK" Mr. Henderson recommended Council adopt the Proclamation. A-15 PROCLAMATION DECLARING APRIL 19, 1994 AS "NATIONAL YOUTH SERVICE DAY" Mr. Henderson recommended Council adopt the Proclamation. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 28, 1994 PAGE 5 • A-16 PROCLAMATION DECLARING APRIL 11-17, 1994 AS "LEGACY WEEK" Mr. Henderson recommended Council adopt the Proclamation. A-17 APPOINTMENT OF APPLICANT TO COMMUNITY PROMOTIONS COMMITTEE (GARY GILLMAN; MEMBER -AT -LARGE) Mr. Henderson recommended Council pull this item for discussion. A-18 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (ANDERSON) Mr. Henderson recommended Council reject the claim. Mayor Yates pulled Items A-8 and A-17 from the Consent Calendar; Councilmember Luna pulled Item A-15. MOTION: Councilmember Crotzer moved Council approve the Consent Calendar with the exception of Items A-8, A-15, and A- 17. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-8 RESOLUTION NO. 24-94 IN SUPPORT OF ASSEMBLY BILL 2444 TO PROTECT CALIFORNIA'S COASTLINE FROM INCREASED OFF -SHORE OIL AND GAS DEVELOPMENT • Mayor Yates read Resolution No. 24-94 for the record. MOTION: Mayor Yates moved Council approve Resolution No. 24-94 in support of Assembly Bill 2444 to protect California's coastline from increased off -shore oil and gas development. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) A-15 PROCLAMATION DECLARING APRIL 19, 1994 AS "NATIONAL YOUTH SERVICE DAY" Councilmember Luna requested Mayor Yates read the Proclamation for the record. MOTION: Mayor Yates moved Council adopt the Proclamation declaring April 19, 1994 as "National Youth Service Day". The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-17 APPOINTMENT OF APPLICANT TO COMMUNITY PROMOTIONS COMMITTEE (GARY GILLMAN; MEMBER -AT -LARGE) City Administrator Forrest Henderson advised Council that two applicants had applied for this position after Council received the report on this item. Mr. Henderson recommended Council either appoint Gary Gillman to this position or interview the two • applicants before making such an appointment. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 28, 1994 PAGE 6 • MOTION: Mayor Yates moved Council appoint Gary Gillman to the Community Promotions Committee as Member -at -Large. The motion was seconded by Councilmember Unger and carried with Councilmember Crotzer and Councilmember Mullen voting no. (3-2) Mayor Yates called for a break at 6:50 p.m.; the meeting resumed at 7:12 p.m. B. UNFINISHED BUSINESS B-1 ORDINANCE NO. 436 - REVISIONS TO MORRO BAY MUNICIPAL CODE SECTION 12.08 RELATING TO TREES IN PUBLIC RIGHTS -OF -WAY (SECOND READING AND ADOPTION) City Administrator presented Ordinance No. 436 for second reading and adoption. Councilmember Luna stated the ordinance does not reflect all amendments previously made by Council. MOTION: Mayor Yates moved Council continue this item to the April 11, 1994 City Council meeting. The motion was seconded by Councilmember Unger. • Councilmember Luna stated the Ordinance could be approved tonight with the proposed amendments to Section 12. The motion failed with Councilmember Crotzer, Councilmember Luna, and Councilmember Mullen voting no. (2-3) MOTION: Councilmember Crotzer moved to have Ordinance No. 436 read by title and number. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) City Administrator Forrest Henderson read Ordinance No. 436 by title and number. MOTION: Councilmember Crotzer moved Council adopt Ordinance No. 436 - Revisions to Morro Bay Municipal Code Section 12.08 Relating to Trees in Public Rights -of -Way as amended. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 28, 1994 PAGE 7 • C. NEW BUSINESS C-1 PRESENTATION OF FISCAL YEAR 1992/93 AUDIT REPORT Finance Director Rudy Hernandez introduced Brad Hair and Linda Hamilton, auditors for Glenn, Burdette, Phillips and Bryson, who reviewed the Comprehensive Annual Financial Report which provides the City with an overall financial evaluation of all City funds for the Fiscal Year ending June 30, 1993. Mr. Hernandez summarized the financial condition of the City's major funds for this time period and offered the following options: ♦ City Council review the Fiscal Year 1992/93 Comprehensive Audited Financial Statements for information and provide guidance to staff for the upcoming Fiscal Year 1994/95 budget; ♦ City Council approve the accountant's review report accepting the Fiscal Year 1992/93 appropriations limit as approved by Council on June 22, 1992; ♦ City Council review and approve the auditor's recommendations for strengthening internal controls and • operating efficiency; ♦ City Council review and approve the policy permitting department heads to rollover half of their unused budgets. Mr. Hernandez stated during Fiscal Year 1993/94 budget hearings, Council directed staff to prepare a policy permitting department heads to rollover half of their unused budgets into the next year's budget. He recommended Council approve this policy based on the following guidelines: 1. Continue to have funds spent only on capital projects; 2. Allow funds to be spent on operating expenses as well as capital projects with proper justification; 3. After the year end audit, allow department heads to reappropriate half of their unused funds with the approval of the City Administrator. This would be followed by a staff report by Finance showing Council how the funds were reappropriated; 4. Require prior Council approval on how the unused funds will be reappropriated by the department heads; 0 MINUTES - MORRO BAY,CITY COUNCIL REGULAR MEETING - MARCH 28, 1994 PAGE 8 • 5. Under no circumstances will a department head be allowed to rollover any unused funds when the fund has a deficit balance. In addition, no unused funds will be allowed to come from the emergency reserve without Council approval. Councilmember Luna, Councilmember Unger, and Mayor Yates supported Options 2, 3, and 5 to permit department heads to rollover half of their unused funds. Councilmember Mullen agreed, however, she is concerned with Option 5 because the General Fund is in deficit. The consensus of Council was to direct Mr. Hernandez to revise the policy statement and bring it back to the City Council meeting of April 11, 1994 as a Consent Calendar item. MOTION: Mayor Yates moved Council approve the Comprehensive Audited Financial Report accepting the Fiscal Year 1992/93 appropriations limit as approved by the City Council on June 22, 1992. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) MOTION: Mayor Yates moved Council approve the auditor's recommendation for strengthening internal controls and operating efficiency. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) • D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 REVIEW OF FOUNDATION CRITERIA FOR DEVELOPMENT OF WATER RATE SCHEDULE Interim Public Works Director William Boucher reviewed the foundation criteria for the development of a revised water rate structure. He said the development of appropriate options for the water rate structure is dependent upon agreement on three essential foundation criteria: 1) revenue needs; 2) quantities of water to be metered and billed; and 3) billing philosophy. Mr. Boucher recommended Council accept public testimony and direct staff to prepare draft options for a revised water rate structure. Mr. Boucher stated he would like Council to achieve a conceptual consensus on the impact fees in order to develop a legal nexus. Mayor Yates opened the hearing for public comment. Charles Palmer received ten minutes based on his written request to present water rate tables he prepared for Council's review. Linda Merrill suggested across the board increases so everyone can share in paying for new water; and, people can be billed when there is a nexus of water according to the amount of water used. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 28, 1994 PAGE 9 • Mary Phillips stated the burden will be placed on the citizens if the City does not pursue State Water. Ken Cess, representative of Seashell Communities, stated the inverted block system is inequitable. He compared water rates paid by citizens vs. residents of Seashell Communities. Mayor Yates closed the hearing for public comment. Councilmember Luna stated educating citizens on saving water is more essential than the economic incentive. He said new development should pay its fair share to hook into the system and cost should not be borne by the current rate payers. Councilmember Unger stated she would like the increase not to affect businesses and high -end users. She said she does not support an impact fee over $10,000. Mayor Yates stated he supports a flat rate water structure and does not support a $16,000 impact fee. Mr. Boucher clarified in order to charge an impact fee, the City has to develop the direct relationship to the actual impacts on the infrastructure. • City Attorney David Hunt stated impact fees are not intended to raise money, but to finance the impacts of development with the direct nexus which must be established with clarity. Councilmember Mullen stated conservation is the best management practice. She said new development should pay their fair share in impact fees and there should be a clear nexus for impact fees. Councilmember Mullen stated the report clearly shows there is no money to continue any other water programs such as reclamation and conservation. Councilmember Crotzer stated the impact fees appear to be fair; and new development should support the infrastructure. Councilmember Luna stated he would like to discuss the consideration of a water rate break for low income users. MOTION: Councilmember Luna moved Council direct staff to develop a flat rate schedule and develop a nexus on impact fees; and approve the budget as proposed by staff. The motion was seconded by Councilmember Mullen and carried with Councilmember Unger voting no. (4-1) Mayor Yates called for a break at 9:43 p.m.; the meeting resumed at 9:53 p.m. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 28, 1994 PAGE 10 • D-2 DISCUSSION OF PROPOSED AMENDMENTS TO SAN LUIS OBISPO COUNTY ANIMAL CONTROL ORDINANCE Police Chief Dave Howell reviewed the proposed amendments to the existing County Animal Control Ordinance (Title 9). He recommended Council receive public comment and formulate recommendations to be communicated to the San Luis Obispo County Board of Supervisors. Councilmember Luna stated the Board of Supervisors should be approached to consider the option of providing special spay/neuter fees for those qualified as low-income citizens. Councilmember Mullen asked if a mandatory spay/neuter program could be implemented in the City? Chief Howell responded he would research that possibility. Councilmember Crotzer suggested an amendment to Title 9 regarding animal cruelty. Mayor Yates opened the hearing for public comment. Pat Mackey stated his support for a mandatory spay/neuter program; he is not in favor of the proposed amendments to Title 9. He said the Department of Animal Regulation contract has a • clause that states the City will be in agreement with the County to allow uniformity. Mary Phillips stated she is in favor of a spay/neuter program. Diana Duncan, representative of HART, recommended the City appoint a citizen advisory committee to review this issue. She stated she supports a mandatory spay/neuter program. Ms. Duncan proposed a pilot program to ID animals through HART. The following people opposed the amendments to the existing County Animal Control Ordinance (Title 9): Diana Schultz, Dennis Pegelow, Susan Howell, Mary Green, and Ray McGelligott. Mayor Yates closed the hearing for public comment. Councilmember Crotzer stated Title 9 is designed to regulate animals that are out of control. He said the spay/neuter program should be emphasized. Councilmember Mullen expressed concern with the permitting process. She stated she prefers a mandatory spay/neuter program. Mayor Yates stated he supports a spay/neuter program, however, he does not feel it should be mandatory. He said permits should not be necessary. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 28, 1994 PAGE 11 • Councilmember Unger stated she supports a mandatory spay/neuter program, and objects to unaltered animal and single litter permits. Councilmember Luna stated the permit requirements seem extreme; he recommends the County reconsider this issue and bring local animal care groups into the process. MOTION: Councilmember Unger moved Council direct staff to contact the San Luis Obispo County Board of Supervisors advising them that this City Council does not support the proposed amendments to the existing County Animal Control Ordinance (Title 9), and would like citizen participation by local animal groups in revising this Title. The motion died for lack of a second. Council directed Chief Howell communicate their sentiments regarding Title 9 (i.e. spay/neuter program and the fact the permit process is too bureaucratic) to the Board of Supervisors. D-3 APPEAL OF PLANNING COMMISSION ACTION UPHOLDING CODE ENFORCEMENT ACTION (LOCATION: 2970 GREENWOOD; APPLICANT: HOLINBECK) • This item was continued to the May 9, 1994 City Council meeting. C-2 REVIEW OF FIRE ENGINE FINANCING AND AWARD OF CONTRACT Fire Chief Jeff Jones reviewed the fire engine financing and recommended Council authorize the following: 1. Approve an $80,000 allocation to the Fire Department's Fire Engine Reserve; 2. Authorize the City Administrator to award the contract and issue a purchase order not to exceed $300,000 to Pierce Manufacturing Inc. for a 1994 fire engine; and 3. Authorize the City Administrator to establish a lease schedule under the master lease agreement with Municipal Leasing Associates Inc. for the financing of a portion of the total cost. The consensus of Council was in favor of Option D which allows for the Harbor Fund to repay the General Fund $20,000 from existing debt and apply this towards the fire engine purchase. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 28, 1994 PAGE 12 . MOTION: Mayor Yates moved Council approve Option D of the staff report which allows the Harbor Fund to repay the General Fund $20,000 from existing debt and apply this towards the fire engine purchase; the Fire Department will use $15,000 from this year's Proposition 172 funds; and $45,000 will be in the form of a loan to the Fire Department to be repaid after the completion of the five-year debt service with Municipal Leasing & Associates, Inc. Mayor Yates also moved Council authorize the City Administrator to award contract and issue a purchase order not to exceed $300,000 to Pierce Manufacturing, Inc. for a 1994 fire engine; and authorize the City Administrator to establish a lease schedule under the master lease agreement with Municipal Leasing Associates, Inc. for the financing of a portion of the total cost. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) C-3 CONSIDERATION OF HOSTING A WATER SYMPOSIUM This item was continued to the April 11, 1994 City Council meeting. C-4 CONSIDERATION OF CITY TREE PLANTING PROGRAM • This item was continued to the April 11, 1994 City Council meeting. C-5 DISCUSSION OF FEASIBILITY OF SATURDAY DIAL -A -RIDE SERVICE This item was pulled from the agenda. F. ADJOURNMENT MOTION: Councilmember Mullen moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 11:00 p.m. Recorded by: Bridgett Davis City Clerk • • NOT = C E O F CANC ELLAT = ON NOTICE IS HEREBY GIVEN that the Morro Bay Municipal Code Ad -Hoc Committee will not be meeting on Thursday, March 24, 1994; and will resume on Thursday, March 31, 1994 at 7:00 p.m. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California to discuss and review the Morro Bay Municipal Codes. DATED: March 21, 1994 Bridgett %avis, City Clerk • City of Morro Bay, California • NOT = C E O F SPEC = AL MEET = NG NOTICE IS HEREBY GIVEN that the Morro Bay City Council will meet on Thursday, March 24, 1994 at 6:00 p.m. in the Morro Bay City -County Library, 625 Harbor Street, Morro Bay, California to hold its Short-Term/Long-Term Budget Workshop. DATED: March 21, 1994 WILLIAM YATES, Mayo City of Morro Bay, ifornia 0 City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION - MARCH 14, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION ♦ ADI V. CITY OF MORRO BAY, AMERICAN ARBITRATION ASSOCIATION E-2 GOVERNMENT CODE SECTION 54956.8, REAL PROPERTY TRANSACTIONS ♦ INSTRUCTIONS TO CITY NEGOTIATOR REGARDING FEES FOR DEVELOPMENT OF FIRE STATION E-3 GOVERNMENT CODE SECTION 54957.6, LABOR NEGOTIATIONS ♦ DISCUSSIONS WITH, AND PROVIDE DIRECTION TO, CITY'S REPRESENTATIVE IN LABOR NEGOTIATIONS REGARDING EMPLOYEE RELATIONS REGULAR MEETING - MARCH 14, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA MPLL CALL MENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF JANUARY 24, 1994 A-2 PROCLAMATION COMMENDING STEVE WOODWARD FOR HIS CONTRIBUTION TO THE NEIGHBORHOOD WATCH PROGRAM A-3 PROCLAMATION DECLARING MARCH 21-27, 1994 AS MEDIATION WEEK 10-4 STATUS REPORT ON ACTIVITIES FOR NATIONAL YOUTH SERVICES DAY 1 6 5 APPROVAL OF ASSIGNMENT FOR LEASE SITE 78-81/78W-81W A-6 APPROVAL OF SUBLEASE FOR LEASE SITE 67/67W A-7 APPROVAL OF APPOINTMENT OF ACTING CITY ENGINEER A-8 RESOLUTION DESIGNATING FUNDS FROM THE GENERAL FUND TO SUPPORT THE LOAN GUARANTY OF THE FACADE PROGRAM A-9 1994 WEED ABATEMENT PROGRAM: AUTHORIZATION TO PROCEED B. UNFINISHED BUSINESS B-1 DISCUSSION OF DESTINATION 2000 MISSION STATEMENT B-2 DISCUSSION OF TROLLEY OPERATION AND MAINTENANCE FINANCING PROGRAM C. NEW BUSINESS C-1 REQUEST FROM HOMELESS ANIMAL RESCUE TEAM FOR FUNDS NOT ALLOCATED C-2 REVIEW OF DEFINITION OF "IN -FILL" PURSUANT TO MEASURE F C-3 PRESENTATION OF FISCAL YEAR 1992/93 AUDIT REPORT C-4 DISCUSSION OF TRANSIENT OCCUPANCY TAX AS IT RELATES TO RECREATIONAL • VEHICLE PARKS C-5 CONSIDERATION OF PUBLICATION OF PLANNING COMMISSION AGENDAS IN NEWSPAPER C-6 APPROVAL OF CITY WASTE DIVERSION POLICY AND RECYCLED MATERIALS CONTENT PURCHASING POLICY D. PUBLIC HEARINGS REPORTS & APPEARANCES D-1 REQUEST TO CHANGE WATER RATE SCHEDULE AND ADJUST WATER RATES - CONTINUED TO MARCH 28, 1994 CITY COUNCIL MEETING D-2 ORDINANCE NO. 436 - REVISIONS TO MORRO BAY MUNICIPAL CODE SECTION 12.08 RELATING TO TREES IN PUBLIC RIGHTS -OF -WAY (FIRST READING AND INTRODUCTION) D-3 REVIEW OF MOBILEHOME RENT CONTROL ORDINANCE ANNUAL REPORT F. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. • 2 • 0 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - MARCH 14, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:15 p.m. PRESENT: ABSENT: STAFF: CLOSED SESSION Mayor Yates Colby Crotzer Ben Luna Susan Mullen Ahnawake Unger None Forrest Henderson David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Luna moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 5:15 p.m. and returned to regular session at 5:55 p.m. MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) The meeting adjourned at 5:55 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 14, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 14, 1994 PAGE 2 STAFF: Forrest Henderson David Hunt Rick Algert Bill Boucher Bridgett Davis Don Funk Rudy Hernandez Dave Howell Jeff Jones Andrea Lueker City Administrator City Attorney Harbor Director Acting Public Works Director City Clerk Community Development Director Finance Director Police Chief Fires Chief Recreation & Parks Director Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Ed Biaggini presented the "Lighten Up" this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates announced the arrival of the Coast Guard boat. Mayor Yates announced Bill Boucher has been appointed Acting Public Works Director. Mayor Yates announced Andrea Lueker has been selected as the City's Recreation & Parks Director. Mayor Yates announced the initiative over -turning the mandate of Measure G was filed today. Mayor Yates announced Council added a threatened litigation matter regarding the Mimosa Street Assessment District to the Closed Session agenda this evening. Mayor Yates presented letters of commendation to Dave Howell for the Police Department's glowing report from the Grand Jury; and also to Jeff Jones and Ezra Plumb for their heroic efforts in their rescue attempt in the drowning incident at Morro Rock. Mayor Yates presented Certificates of Appreciation to outgoing advisory board members. Councilmember Luna announced Ride -On will be providing additional services to Morro Bay this summer. Councilmember Mullen announced she will be attending a conference regarding land use and zoning related to the placement of alcohol stores in a community. Councilmember Mullen announced a 24-hour relay fund raiser in San Luis Obispo that will benefit alcohol abuse. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 14, 1994 PAGE 3 • PUBLIC COMMENT Ann Freeman requested Item C-2 (Review of Definition of In -Fill Pursuant to Measure F) be considered as a public hearing item. Linda Merrill requested Council delay making a decision on Item C-2 (Review of Definition of In -Fill Pursuant to Measure F). She expressed her support to Item B-2 (Discussion of Trolley Operation and Maintenance Financing Program). Charles Palmer publicly apologized to Mayor Yates for his actions at previous Council meetings. Mr. Palmer shared information with the Council on saving money on water. Ed Biaggini advised Council on the outcome of the Tulare Farm Show in which he represented the City of Morro Bay as a member of the Community Promotions Committee. Mary Phillips addressed the three minute public speaking rule. Diana Duncan addressed Council on Item C-1 (Request from Homeless Animal Rescue Team for Funds not Allocated) regarding HART's request for $2,500 for the spay/neuter program. Roger Ewing requested Council consider Item C-2 (Review of • Definition of In -Fill Pursuant to Measure F) as a public hearing item. He also spoke in favor of Item C-5 (Consideration of Publication of Planning Commission Agendas). DECLARATION OF FUTURE AGENDA ITEMS Councilmember Luna requested a resolution in support of State Constitutional Amendment #34 be agendized; and a resolution in support of zero tolerance of illegal possession of guns. Councilmember Mullen requested an item be agendized for discussion on the CalTrans fence in North Morro Bay. She also requested an item be agendized for discussion on having a party honoring the City's commission members. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF JANUARY 24, 1994 Mr. Henderson recommended Council approve the minutes of January 24, 1994. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 14, 1994 PAGE 4 • A-2 PROCLAMATION COMMENDING STEVE WOODWARD FOR HIS CONTRIBUTION TO THE NEIGHBORHOOD WATCH PROGRAM Mr. Henderson recommended Council adopt the Proclamation commending Steve Woodward for his contribution to the Neighborhood Watch Program. A-3 PROCLAMATION DECLARING MARCH 21-27, 1994 AS MEDIATION WEEK Mr. Henderson recommended Council adopt the Proclamation declaring March 21-27, 1994 as Mediation Week. A-4 STATUS REPORT ON ACTIVITIES FOR NATIONAL YOUTH SERVICES DAY Mr. Henderson recommended Council receive the status report on activities for National Youth Services Day. A-5 RESOLUTION NO. 16-94 - APPROVAL OF ASSIGNMENT FOR LEASE SITE 78-81/78W-81W Mr. Henderson recommended Council approve Resolution No. 16-94 providing for assignment of Lease Site 78-81/78W-81W to Van Beurden Investments contingent upon City Attorney approval of final assignment and assumption documents by June 14, 1994. • A-6 RESOLUTION NO. 17-94 - APPROVAL OF SUBLEASE FOR LEASE SITE 67/67W Mr. Henderson recommended Council approve Resolution No. 17-94 permitting a sublease agreement on Lease Site 67/67W for operation of a British/European import retail store. A-7 RESOLUTION NO. 20-94 - APPROVAL OF APPOINTMENT OF ACTING CITY ENGINEER Mr. Henderson recommended Council approve Resolution No. 20-94 appointing North Coast Engineering, Inc., Steven J. Sylvester, P.E., President, as Acting City Engineer. A-8 RESOLUTION NO. 19-94 DESIGNATING FUNDS FROM THE GENERAL FUND TO SUPPORT THE LOAN GUARANTY OF THE FACADE PROGRAM Mr. Henderson recommended Council approve Resolution No. 19-94 designating $100,000 from the General Fund to support the loan guaranty of the Facade Improvement Program. A-9 RESOLUTION NO. 18-94 - 1994 WEED ABATEMENT PROGRAM: AUTHORIZATION TO PROCEED Mr. Henderson recommended Council approve Resolution No. 18-94 declaring weeds a public nuisance and potential fire hazard and • authorize staff to proceed with the annual weed abatement MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 14, 1994 PAGE 5 • program; and set a public hearing for the May 9, 1994 City Council meeting to hear comments on the program or appeals from owners who received notice to abate their parcels. Councilmember Luna pulled Item A-4 from the Consent Calendar; Councilmember Mullen pulled Item A-1. MOTION: Councilmember Unger moved Council approve the Consent Calendar with the exception of Items A-1 and A-4. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF JANUARY 24, 1994 Councilmember Mullen addressed corrections to the minutes of January 24, 1994 on page 8 asking that her comments on the Annual Water Report be added; and corrections to page 11. She asked that these minutes be amended and brought back to the City Council meeting of March 28, 1994. A-4 STATUS REPORT ON ACTIVITIES FOR NATIONAL YOUTH SERVICES DAY Councilmember Luna asked that this report acknowledge student achievers from Morro Bay High School and Los Osos Middle School, • and he asked that this issue be placed on the Parks & Recreation calendar for next year. Mayor Yates presented the Proclamation commending Steve Woodward for his contribution to the Neighborhood Watch Program to Mr. Woodward. B. UNFINISHED BUSINESS B-1 DISCUSSION OF DESTINATION 2000 MISSION STATEMENT City Administrator Forrest Henderson reviewed the memorandum presented by the Destination 2000 Committee to the Council which stated the Committee was unanimously satisfied with the Mission Statement as submitted. Mayor Yates expressed his support of the Mission Statement submitted by the Committee. Councilmember Crotzer stated creating new ideas as a visionary was not included in this process. Councilmember Luna stated the Committee knew from the start they had the flexibility to add new ideas to the goals report. He also expressed his support to the Mission Statement as submitted. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 14, 1994 PAGE 6 • Councilmember Mullen expressed her disappointment that sustainability will not be a part of the Destination 2000 Mission Statement. MOTION: Mayor Yates moved Council accept the Destination 2000 Mission Statement as proposed by the Destination 2000 Committee. The motion was seconded by Councilmember Luna and carried with Councilmember Crotzer and Councilmember Mullen voting no. (3-2) B-2 DISCUSSION OF TROLLEY OPERATION AND MAINTENANCE FINANCING PROGRAM Councilmember Luna reviewed the results of the trolley survey distributed to local merchants. He proposed the following: 1) contract with Ride -On to operate their double-decker bus; 2) operate the bus for a limited number of hours on weekends only; 3) finance the bus through general fund reserves and establish the following revenue sources to pay it back - (a) establish a limited business license fee for all businesses along the bus route; (b) establish a bus stop fee for hotels, restaurants, and other businesses desiring to have the bus stop at their location; (c) establish a token program where a business owner could purchase tokens and offer them to their customers; and (d) establish a reasonable ridership fee. • Councilmember Luna introduced Mark Shaeffer, Director of Ride -On, who stated the double-decker bus would be a special feature for the City. Councilmember Luna added the bus will be handicap accessible. Mayor Yates called for a break at 6:55 p.m. to view the double- decker bus; the meeting resumed at 7:12 p.m. Mayor Yates stated he is concerned the double-decker bus may not fit in Morro Bay. He said he is also concerned with the business license fee being increased to support the trolley; Councilmember Luna responded the increased fee will be minimal. Councilmember Crotzer asked for clarification on question MI6 of the survey regarding businesses paying an annual fee. Councilmember Luna responded only the businesses along the trolley route will pay the annual fee. Councilmember Crotzer stated he approves of the double-decker bus; he also approves of approaching this on a trial basis. Councilmember Unger asked how long the trial basis would be? Councilmember Luna responded three months with a cap of $10,000 in expenditures ($7,000 for maintenance and $3,000 for signage). Councilmember Unger stated she supports the trial basis, however, she would like a public hearing scheduled for public input. i1 U r1 L u MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 14, 1994 PAGE 7 Councilmember Mullen stated she is concerned with spending $10,000 for a trial basis when it is not clear the community supports a trolley. Councilmember Luna responded the feedback he received from the surveys from the business community on the waterfront and downtown areas has been positive. Councilmember Mullen suggested investing in the cost of sprucing up the City's Dial -A -Ride vans and using them for this pilot program using -a smaffer-treffep-fer-a-tr}af-basis. MOTION: Mayor Yates moved Council endorse Councilmember Luna's proposal and to explore other alternatives; and bring this discussion back for public hearing at the April 11, 1994 City Council meeting. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) C. NEW BUSINESS C-1 REQUEST FROM HOMELESS ANIMAL RESCUE TEAM FOR FUNDS NOT ALLOCATED City Administrator Forrest Henderson stated the City received a letter in February 1994 from the Homeless Animal Rescue Team (HART) requesting the City of Morro Bay allocate funds to assist HART in their spay/neuter program. He said staff has declined to send the monies for this program because the funds were not budgeted in the current fiscal year budgetary plan. Mr. Henderson requested the City Council provide direction to staff regarding HART's request for unallocated funds to assist them with this program. Mayor Yates stated HART will pick the animals up, have them spay/neutered, and then return them. He supports funding this request now. Councilmember Luna asked if Proposition 172 funds can be used for animal control? Mr. Henderson responded those funds can only be used for fire and police operations. Councilmember Unger stated she supports staff's recommendation to wait for the Fiscal Year 1994/95 budget workshops and allocate these funds under Aid to Agencies. She said the cats should not be returned to their originating location. Councilmember Mullen asked for clarification on the County spay/neuter program. Police Chief Dave Howell responded the City pays a flat rate to the Department of Animal Regulations which includes all services. Councilmember Mullen stated she supports this concept with the allocation of perhaps 50% of the funds. Councilmember Luna noted there are other projects that come up during the fiscal year which were not budgeted originally but are MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 14, 1994 PAGE 8 • Councilmember Crotzer stated he supports the concept, however, he does not see the benefit of returning the animals to the originating location. MOTION: Councilmember Luna moved Council approve the request to allocate $2,500 to the Homeless Animal Rescue Team for their spay/neuter program. The motion was seconded by Councilmember Crotzer. Councilmember Mullen said she will not support this motion based on the fact the cats will be returned to the Rock and expressed her concern for the birds located at Morro Rock. The motion carried with Councilmember Mullen and Councilmember Unger voting no. (3-2) D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 REQUEST TO CHANGE WATER RATE SCHEDULE AND ADJUST WATER RATES This item was continued to the March 28, 1994 City Council meeting. D-2 ORDINANCE NO. 436 - REVISIONS TO MORRO BAY MUNICIPAL CODE SECTION 12.08 RELATING TO TREES IN PUBLIC RIGHTS -OF -WAY • (FIRST READING AND INTRODUCTION) Acting Public Works Director William Boucher reviewed the revisions to Morro Bay Municipal Code Section 12.08 and recommended City Council approve the first reading of Ordinance No. 436, and schedule its adoption at the March 28, 1994 City Council meeting. Councilmember Luna stated there appears to be a contradiction between Section 12.08.060 and Section 12.08.120 regarding obtaining permits to remove trees. City Attorney David Hunt recommended changing the sentence structure to make it more clear. Councilmember Unger asked for clarification regarding trees on public right-of-way which encroach onto private property. Mr. Boucher responded the City is responsible for trees outside the drip -line. Councilmember Mullen asked for clarification on the Streets and Trees Committee's responsibility regarding the master tree list. Mr. Boucher responded the Streets and Trees Committee, as an advisory board, is not in a position of legislative jurisdiction; the Planning Commission and City Council are the only two appropriate legislative bodies to make such determinations. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 14, 1994 PAGE 9 • Mayor Yates asked what is the justification of Item #2 in the ordinance: "this lack of protection is a contributing factor to the unwarranted removal of a number of mature trees in said rights -of -way". Mr. Boucher responded when there is no established criteria, it is difficult to say if a particular tree is warranted for removal. Mayor Yates opened the hearing for public comment. Roger Ewing stated he hopes Council approves the proposed concept of this ordinance. Mary Phillips asked Council to clarify off-street parking vs. right-of-way. She notified Council of dangerous tree limbs. Linda Merrill urged Council to approve this ordinance. Ann Freeman stated if this ordinance is approved, she hopes the City's code enforcement will be in affect. Hugo Hampp stated he would prefer not to have to obtain a permit to trim shrubs he has planted on City right-of-way. Jo L. Merriman stated his concern of too many trees in Morro Bay and the risk of fire. • Councilmember Crotzer stated it is time the City address this issue and he is pleased with the Ordinance. Councilmember Crotzer stated this Ordinance will provide for enough trees in the public right-of-way so that the City can pride itself as being a "Tree City USA" and a habitat for a more positive lifestyle for humans and other species. Councilmember Mullen stated the public education program is essential to accomplish what is proposed in this Ordinance; she supports its approval. Mayor Yates expressed concern this. might limit a person wishing to develop their lot. Mr. Boucher responded each case would be considered on a separate basis. Councilmember Crotzer recommended this be reviewed during the architectural planning stage of a project. Mayor Yates stated he is supportive of the concept of this Ordinance except for finding #2 and recommended deleting the word "unwarranted" from finding #2; Council concurred. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 14, 1994 PAGE 10 • MOTION: Councilmember Crotzer moved to have Ordinance No. 436 read by title and number with the amendment in the sentence structure of Sections 12.08.060 and Section 12.08.120; and the amendment to finding #2 deleting the word "unwarranted". The motion was seconded by Councilmember Unger and unanimously carried. (5-0) City Administrator Forrest Henderson read Ordinance No. 436 by title and number. MOTION: Councilmember Crotzer moved Council approve Ordinance No. 436 for introduction. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Mayor Yates called for a break at 8:52 p.m.; the meeting resumed at 9:08 p.m. D-3 REVIEW OF MOBILEHOME RENT CONTROL ORDINANCE ANNUAL REPORT City Administrator Forrest Henderson reviewed the Mobilehome Rent Control Ordinance annual report. He recommended Council receive this report and direct staff as to any policy changes Council wishes to have addressed. Councilmember Luna asked if Council is the acting Rent Review • Board in place of an established board? Mr. Henderson responded the Council is currently acting as an appeals board until a Rent Review Board is established. Mayor Yates opened the hearing for public comment. Hugo Hampp expressed concern with the possible conflict of filing an appeal and serving on the Board. Mary Phillips addressed a concern with the sale of a mobilehome and Proposition 13 tax compensation. Dale Patterson, Bay Pines Trailer Park, stated the cost of allowed rent increases is minimal. Mayor Yates closed the hearing for public comment. Councilmember Crotzer stated Council should consider Mr. Hampp's concern of a park owner serving on the Board and not allowing that park owner to appeal. Councilmember Mullen stated the Ordinance should be amended naming Council as the Rent Review Board. She supports appointing an alternate consisting of a park owner and park tenant. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 14, 1994 PAGE 11 • The consensus of Council is to support the amendments stated by Councilmember Mullen above; and directed staff to amend the Ordinance and return it for public hearing. C-2 REVIEW OF DEFINITION OF "IN -FILL" PURSUANT TO MEASURE F Community Development Director Don Funk reviewed the definition of "infill" as it relates to Measure "F" and the retrofit program. He stated there is a stipulation prohibiting the reconsideration of the definition of "infill" until after the City has either obtained new water sources or implemented the Water Management Plan. Mayor Yates stated public hearings will be scheduled for discussion on the definition of "infill" after the Coastal Commission approves the Water Management Plan. Councilmember Luna stated this should be reviewed by the Planning Commission before the Council reviews it as a public hearing. Councilmember Unger stated before considering the definition of "infill", a source of water is needed, the Water Management Plan needs to be approved, and the Local Coastal Plan needs to be amended IS Councilmember Mullen stated when the citizens voted for Measure "F" they wanted to fill in the City first before any new subdivisions were approved, as well as have new sources of water available and operational. She said she supports the Planning Commission reviewing this definition before it comes back to Council for public hearing. Councilmember Crotzer stated no step should be taken before the Coastal Commission approves the Water Management Plan. Mayor Yates stated he is prepared to discuss this issue after Coastal Commission approval of the Water Management Plan. MOTION: Councilmember Luna moved Council refer this to the Planning Commission for consideration after the Water Management Plan has been approved by the Coastal Commission. The motion was seconded by Councilmember Crotzer and carried with Mayor Yates voting no. (4-1) C-3 PRESENTATION OF FISCAL YEAR 1992/93 AUDIT REPORT This item was continued to the March 28, 1994 City Council meeting. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 14, 1994 PAGE 12 • C-4 DISCUSSION OF TRANSIENT OCCUPANCY TAX AS IT RELATES TO RECREATIONAL VEHICLE PARKS Councilmember Mullen reviewed the request of Hugo Hampp that RV Parks should be exempt from paying Transient Occupancy Tax (TOT) since the State and County parks are not required to pay such a tax. The consensus of the Council was to maintain the existing policy on collecting TOT from RV Parks. Councilmember Luna requested the City Administrator draft a letter to State Assembly and Senate regarding collecting TOT from State Parks. No action was taken on this item. C-5 CONSIDERATION OF PUBLICATION OF PLANNING COMMISSION AGENDAS IN NEWSPAPER Community Development Director Don Funk reviewed the proposed publication of Planning Commission agendas in the newspaper. The consensus of the Council was in support of this concept; and to include the publication in the upcoming budget. • MOTION: Mayor Yates moved Council make a statement of support to advertise Planning Commission agendas in the newspaper; such advertisement to be of reasonable size; and to research the cost and include it in the upcoming budget. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) C-6 APPROVAL OF CITY WASTE DIVERSION POLICY AND RECYCLED MATERIALS CONTENT PURCHASING POLICY Public Works Administrative Assistant Mike Upton reviewed the City Waste Diversion Policy and Recycled Products Purchasing Policy. He recommended Council approve Resolution No. 08-94 approving this policy. Councilmember Mullen stated she would like sustainability to be included in this policy; and would like an annual report on recycled items purchased by the City. The consensus of the Council was in support of this policy. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 14, 1994 PAGE 13 • F. ADJOURNMENT MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) The meeting adjourned at 10:25 p.m. Recorded by: Bridgett Davis City Clerk • • • NOT = C E O F S PEC 2 AL MEETING NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council, and all Advisory Board Members, is hereby called to be held on Tuesday, March 8, 1994, at 6:00 p.m. in the Morro Bay Community Center Studio Room, 1001 Kennedy Way, Morro Bay, California, to review amendments to the Brown Act which will take effect 01 April 1994. DATED: �WILLIAM YATES, M or City of Morro Ba California • NOT 2 C E O F SPEC = AL MEET = NG NOTICE IS HEREBY GIVEN that the Morro Bay Municipal Code Ad -Hoc Committee will be meeting on Thursday, March 3, 1994; Thursday, March 10, 1994; Thursday, March 17, 1994; Thursday, March 24, 1994; and Thursday, March 31, 1994 at 7:00 p.m. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California to discuss and review the Morro Bay Municipal Codes. DATED: March 1, 1994 Bridgett Davis, City Clerk is City of Morro Bay, California • City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION - FEBRUARY 28, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE 454956 9(A)PENDING LITIGATION ♦ GUIDI V. CITY OF MORRO BAY, W.C.A.B. CASE NO. GRO 7520 E-2 GOVERNMENT CODE 454957.6. LABOR RELATIONS ♦ DISCUSSIONS WITH CITY'S REPRESENTATIVE IN LABOR NEGOTIATIONS REGARDING EMPLOYEE RELATIONS REGULAR MEETING - FEBRUARY 28, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE •PLEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF JANUARY 10, 1994 A-2 WATER SUPPLY STATUS REPORT A-3 STATEMENT OF CASH AND INVESTMENTS - JANUARY 1994 A-4 EXPENDITURE REPORT - JANUARY 1994 A-5 APPROVAL OF PROPOSED DATES FOR LONG-TERM BUDGET WORKSHOP .10 A-6 RESOLUTION NO. 15-94: APPROVAL OF CHANGE IN BY-LAWS FOR THE WATER ADVISORY BOARD TO ESTABLISH EVENING MEETINGS • A-7 RESOLUTION NO. 14-94: ACCEPTANCE OF OFFER OF DEDICATION; PM MBAL 92-016 - ATASCADERO ROAD A-8 RESOLUTION NO. 12-94: APPROVING THIRD AMENDMENT TO LEASE AGREEMENT FOR LEASE SITE 96-96W (945 EMBARCADERO) A-9 RESOLUTION NO. 13-94: APPROVING ASSIGNMENT OF LEASE SITE 96-96W A-10 RESOLUTION NO. 11-94: ESTABLISHING CITY POLICY FOR FUTURE ADMINISTRATION OF THE ANCHOR MEMORIAL PARK FISHERMEN'S MEMORIAL B. UNFINISHED BUSINESS B-1 CONSIDERATION OF PROPOSED FACADE IMPROVEMENT PROGRAM B-2 ORDINANCE NO. 435 - PROPOSED MODIFICATION OF MORRO BAY MUNICIPAL CODE SECTION 13.20.080(B) CHANGING THE WATER EQUIVALENCY UNIT CREDITS TO JANUARY 1977 (SECOND READING AND ADOPTION) C. NEW BUSINESS C-1 DISCUSSION ON COUNTY -NET COMPUTER BULLETIN BOARD C-2 CONSIDERATION OF PUBLICATION OF PLANNING COMMISSION AGENDAS IN NEWSPAPER • C-3 RESOLUTION 08-94: APPROVAL OF CITY WASTE DIVERSION POLICY AND RECYCLED MATERIALS CONTENT PURCHASING POLICY C-4 CONSIDERATION OF RECOMMENDED MEETING AGENDA, DATE AND TIME FOR JOINT CITY COUNCIL/RECREATION AND PARKS COMMISSION MEETING (MARCH 1994) D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 APPROVAL OF DESTINATION 2000 REPORT D-2 CONCEPTUAL APPROVAL OF PROPOSED JOINT POWERS AGREEMENT TO FORM REGIONAL INTEGRATED WASTE MANAGEMENT AUTHORITY D-3 RESOLUTION NO. 07-94: ADOPTION OF A WATER MANAGEMENT PLAN - AMENDMENT AND IMPLEMENTATION OF LOCAL COASTAL PLAN (LCP/GPA 02- 93) - CONTINUED HEARING D-4 REQUEST TO CHANGE WATER RATE SCHEDULE AND ADJUST WATER RATES D-5 REVIEW OF MOBILEHOME RENT CONTROL ORDINANCE ANNUAL REPORT F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. r� u • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - FEBRUARY 28, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:20 p.m. PRESENT: ABSENT: STAFF: CLOSED SESSION Mayor Yates Colby Crotzer Ben Luna Susan Mullen Ahnawake Unger None Forrest Henderson David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Luna moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 5:20 p.m. and returned to regular session at 6:00 p.m. MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) The meeting adjourned at 6:00 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: • ABSENT: Mayor Yates Colby Crotzer Ben Luna Susan Mullen Ahnawake Unger None Mayor Councilmember Councilmember Councilmember Councilmember 1 • u MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 1994 PAGE 2 STAFF: Forrest Henderson David Hunt Bridgett Davis City Administrator City Attorney City Clerk Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Roger Ewing presented the "Lighten Up" joke for this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates made a presentation to Eric Tomack for his heroic actions in the rescue efforts of the drowning victim at Atascadero Beach. Mayor Yates also commended Jim Kroll for his efforts in the rescue efforts. Mayor Yates announced Council added a Personnel matter to the Closed Session agenda by 4/5 vote. Mayor Yates announced he will be meeting with Congressman Huffington and the Commandant of the U.S. Coast Guard in Washington, D.C. on Thursday to work on pre -lobbying efforts on the harbor entrance improvement project. Councilmember Crotzer asked Mayor Yates if he needs Council support to accomplish the funding for this trip? Mayor Yates responded it will be funded through the Harbor Contingency Fund; Council supported the funding for this trip. Mayor Yates announced a letter was received from the San Luis Obispo County Grand Jury commending the City's Police Department. Mayor Yates announced Payless will be holding their ground breaking ceremonies on Wednesday, March 3, 1994. Mayor Yates announced Planning Commissioner Charles Reasor will be replacing Janice Peters' position on the Redevelopment Task Force. Councilmember Mullen announced the Board of Supervisors recently formed an Economic Development Committee. The Committee is requesting Community Block Grant Funds to form a community development corporation which could help recruit new business to the entire county. She said the Board of Supervisors will be meeting on this concept tomorrow and encouraged the public to support this item. Councilmember Luna announced the trolley survey has been sent to the businesses in the community and the responses have been positive. 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 1994 PAGE 3 • Councilmember Luna asked for community support for implementing the Morro Bay Chapter of the Gang Task Force. PUBLIC COMMENT Jim Wood addressed Council regarding vessels out at sea and the danger involved. Jo L. Merriman stated VFW 11087 will be honoring the City's reserve fire fighters on March 15, 1994 and invited the Council and City officials to attend. Charles Palmer stated on February 11, 1994 he requested in writing fifteen minutes of agenda time regarding water rates; he received a response stating he would be allowed ten minutes of agenda time. Mr. Palmer asked Council allow him to discuss the flaws in staff's proposal on water rates without time restrictions. Roger Ewing addressed Item C-2 and stated he supports the publication of the Planning Commission agendas. Mayor Yates called for a break at 6:40 p.m.; the meeting resumed at 6:53 p.m. • DECLARATION OF FUTURE AGENDA ITEMS Councilmember Luna requested an Unfinished Business item be agendized to discuss the trolley proposal. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF JANUARY 10. 1994 Mr. Henderson recommended Council approve the minutes of January 10, 1994. A-2 WATER SUPPLY STATUS REPORT Mr. Henderson recommended Council accept the report for file. A-3 STATEMENT OF CASH AND INVESTMENTS - JANUARY 1994 Mr. Henderson recommended Council accept the report for file. A-4 EXPENDITURE REPORT - JANUARY 1994 • Mr. Henderson recommended Council approve the report. �3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 1994 PAGE 4 • A-5 APPROVAL OF PROPOSED DATES FOR LONG-TERM BUDGET WORKSHOP Mr. Henderson recommended Council pull this item for discussion. A-6 RESOLUTION NO. 15-94: APPROVAL OF CHANGE IN BY-LAWS FOR THE WATER ADVISORY BOARD TO ESTABLISH EVENING MEETINGS Mr. Henderson recommended Council approve Resolution No. 15-94 approving the by-law amendment to establish evening Water Advisory Board meetings. A-7 RESOLUTION NO, 14-94: ACCEPTANCE OF OFFER OF DEDICATION: PM MBAL 92-016 - ATASCADERO ROAD Mr. Henderson recommended Council approve Resolution No. 14-94 accepting the Offer of Dedication of Street right-of-way on Atascadero Road as shown on Parcel Map MBAL 92-016. A-8 RESOLUTION NO, 12-94: APPROVING THIRD AMENDMENT TO LEASE AGREEMENT FOR LEASE SITE 96-96W (945 EMBARCADERO) Mr. Henderson recommended Council approve Resolution No. 12-94 authorizing execution of amendment #3 to the lease agreement for • Lease Site 96/96W. A-9 RESOLUTION NO, 13-94: APPROVING ASSIGNMENT OF LEASE SITE 96- 26W Mr. Henderson recommended Council approve Resolution No. 13-94 consenting to assignment of Lease Site 96/96W from Al Hall to Larry and Ursula Davis. A-10 RESOLUTION NO. 11-94: ESTABLISHING CITY POLICY FOR FUTURE ADMINISTRATION OF THE ANCHOR MEMORIAL PARK FISHERMEN'S MEMORIAL Mr. Henderson recommended Council approve Resolution No. 11-94 establishing City policy for future administration of the Anchor Memorial Park Fishermen's Memorial. Councilmember Luna pulled Item A-2 from the agenda; Mayor Yates pulled Item A-1. MOTION: Councilmember Luna moved Council approve the Consent Calendar with the exception of Items A-1, A-2 and A-5. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) 4 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 1994 PAGE 5 • A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF JANUARY 10, 1994 Mayor Yates stated that under Mayor's Reports regarding a vote in abstention when a conflict is not present is considered a vote in the affirmative. City Administrator Forrest Henderson clarified a vote in abstention when there is no conflict is a vote with the majority. MOTION: Mayor Yates moved to approve the minutes of January 10, 1994. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) A-2 WATER SUPPLY STATUS REPORT Councilmember Luna asked staff if the rainfall totals continue to decline, will there be a need to turn on the desalination plant this summer? Public Works Director Jon Crawford responded he is prepared to turn the plant on if needed. Councilmember Mullen stated she would like to see the per capita consumption of water reported in the status report. A-5 APPROVAL OF PROPOSED DATES FOR LONG-TERM BUDGET WORKSHOP • City Administrator Forrest Henderson stated March 22, 1994 is the preferred date to hold a long-term budget workshop; Council concurred. MOTION: Councilmember Luna moved Council schedule the long-term budget workshop for March 22, 1994. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 CONSIDERATION OF PROPOSED FACADE IMPROVEMENT PROGRAM Community Development Director Don Funk reviewed the proposed Facade Improvement Program stating the program will provide low interest rate loans for facade improvement which will beautify and upgrade the appearance of commercial buildings in Morro Bay. Mr. Funk recommended the following: Council authorize the City Administrator to enter into an agreement with Mid State Bank to provide loans for facade improvements; adopt as boundaries for the Facade Improvement Program those areas described as C-1, C-2, C-VS and MCR; and authorize staff to work with and provide limited materials to Cal Poly in preparing facade and streetscape improvement ideas. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 1994 PAGE 6 • Mayor Yates asked for clarification on the boundaries that will be included in this program. Mr. Funk responded the downtown area and some properties on Quintana Road and Main Street. Councilmember Unger asked if local builders can be contracted for the work involved in this program? City Attorney David Hunt responded there is concern of Interstate Commerce and discrimination issues if it is limited to local builders. Councilmember Luna stated he would like preference be made to the downtown area. Councilmember Crotzer asked what happens if a loan is defaulted? Mr. Funk responded the money put up by the City is the guarantee on the loans; however, Mid State Bank will be reviewing each application to insure the loan will be paid back. City Attorney David Hunt stated most guarantees require the first demand be made upon the debtor, and when the debtor fails, the bank goes to the guarantor which is the City in this situation. He said the City's guarantee should include that the debtor is also obligated to the City to make good any debt the City has to pay. MOTION: Councilmember Mullen moved Council authorize the City Administrator to enter into an agreement with Mid State • Bank to provide loans for facade improvements as described in the letter from Mid State Bank dated February 7, 1994; adopt as boundaries for the Facade Improvement Program those areas described as C-1, C-2, C-VS and MCR; and authorize staff to work with and provide limited materials to Cal Poly in preparing facade and streetscape improvement ideas. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) B-2 ORDINANCE NO. 435 - PROPOSED MODIFICATION OF MORRO BAY .W'YICIPAL CODE• • •:• �� _� : a. EQUIVALENCY UNIT CREDITS TO JANUARY li�-(sicomp READING AND ••� • City Administrator Forrest Henderson introduced Ordinance No. 435 for second reading and adoption. MOTION: Councilmember Luna moved Ordinance No. 435 be read by title and number. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) Mr. Henderson read Ordinance No. 435 by title and number. MOTION: Councilmember Luna moved to adopt Ordinance No. 435. The motion was seconded by Councilmember Mullen and • unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 1994 PAGE 7 • C. NEW BUSINESS C-1 DISCUSSION ON COUNTY -NET COMPUTER BULLETIN BOARD Mayor Yates stated SLONET is a community access computer system that can make the City's information more accessible to the public. He introduced Phil Wagner, coordinator of SLONET, who made a presentation on the system. Councilmember Crotzer asked what type of computer is needed to access this program? Mr. Wagner stated a computer with a modem can access this program. Councilmember Crotzer asked what legislative bodies are using this program? Mr. Wagner responded the City and County of San Luis Obispo. Councilmember Mullen expressed her support to the program. She asked what the time frame is to access the program, and how does a citizen get access to the program? Mr. Wagner responded they hope to be on-line by mid -April. He stated access will be available in public areas (i.e. library, community center, etc.) which will be free to users. Councilmember Mullen asked for clarification on the $20 user fee. Mr. Wagner responded there will be a $20 monthly fee for each department that participates. • Councilmember Luna asked about computer viruses? Mr. Wagner responded they cannot guarantee there will be no viruses. Councilmember Luna asked how long will to take to implement the program? Mr. Wagner responded approximately two weeks. City Administrator Forrest Henderson recommended staff address the implementation of this program in the long-term budget workshop along with the upgrading of the City's internal computer system. Councilmembers Luna and Unger agreed with Mr. Henderson's recommendation. Mr. Wagner stated SLONET will provide training at no cost to the City. MOTION: Mayor Yates moved to take the agenda out of order and place Items C-2, C-3, and C-4 after the public hearings. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) F111. PUBLIC HEARIVGS. REPORTS:. D-1 APPROVAL OF DESTINATION 2000 REPORT I City Administrator Forrest Henderson stated the Destination 2000 Committee has finalized the goals report after reviewing all of the suggestions and comments obtained over the last six months. • He said the Destination 2000 Committee would like the City Council to adopt the new mission statement; accept the report as YI MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 1994 PAGE 8 • submitted; endorse the nine major goal statements; and instruct the City Administrator to report to the City Council each January regarding progress on the implementation of the Destination 2000 goals. Mr. Henderson introduced Ric Deschler, Chairman of the Committee, who approached Council to answer questions. Mayor Yates opened the hearing for public comment; there were no comments and Mayor Yates closed the public hearing. Councilmember Mullen noted amendments to the following sections in the report: Protect Natural Resources and Overall Environment (F) to read "Aggressively seek enforcement of air and water quality standards"; and Provide a Viable Working and Environmentally Sensitive Harbor and Waterfront (E) to read "Construct additional Marine Sanitation Disposal pumpout stations"; (F) to read "Coordinate with other agencies that have jurisdiction in harbor and bay areas; and (J) to read "Advocate periodic dredging of the state park marina". Councilmember Luna made the following recommendations to the report: review report with all City employees; consider a second phase after adoption to develop strategies of implementation; identify departmental responsibilities; draft a policy statement to guarantee follow-up annually; and establish a permanent • Economic Advisory Commission and/or Economic Development Coordinator immediately. Councilmember Luna stated he would like department heads to identify goals in progress and address priority of goals. MOTION: Councilmember Unger moved to accept the Destination 2000 goals report as amended. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Councilmember Crotzer stated efforts should be made to draft a "smoke -free" ordinance for the City. Mayor Yates and Councilmember Unger objected to this request. Councilmember Crotzer stated his primary objective is to bring this request forward as a Future Agenda Item to promote public input. Councilmember Mullen and Councilmember Crotzer stated they would like to include "sustainability" in the mission statement. Mayor Yates and Councilmember Luna objected stating Council should uphold the Committee's proposed mission statement. MOTION: Councilmember Unger moved to adopt the Destination 2000 goals report mission statement. The motion was seconded by Councilmember Luna. Councilmember Mullen stated she will vote against this based on the Council's unwillingness to include the word "sustainability". L • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 1994 PAGE 9 Councilmember Luna stated in the interest of reaching consensus, he would support having the Destination 2000 Committee review adding sustainability to the mission statement and return to the Council; Councilmember Unger agreed. Councilmember Unger withdrew her motion, and Councilmember Luna withdrew his second. MOTION: Councilmember Crotzer moved to continue the Destination 2000 goals report mission statement to the March 14, 1994 City Council meeting. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) MOTION: Councilmember Luna moved to endorse the nine major goal statements in the Destination 2000 goals report. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) MOTION: Councilmember Luna moved to instruct the City Administrator to report to the City Council in the month of August each year with an update on the progress of the implementation of the Destination 2000 goals. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Mayor Yates called for a break at 8:20 p.m.; the meeting resumed at 8:40 p.m. D-2 CONCEPTUAL APPROVAL OF PROPOSED JOINT POWERS AGREEMENT TO FORM REGIONAL INTEGRATED WASTE MANAGEMENT AUTHORITY Public Works Administrative Assistant, Mike Upton, reviewed the proposed Joint Powers Agreement (JPA) to form a Regional Integrated Waste Management Authority. Mr. Upton stated the City's Franchise Advisory Board recommended Council conceptually approve the document as submitted. San Luis Obispo Council of Governments Solid Waste Program Manager, Steve Devencenzi, made a brief presentation on the proposed JPA. Councilmember Luna asked if there are any structural methods to insure staff limitations? Mr. Devencenzi responded the purpose statement of the draft JPA specifically references minimizing staff. He said the practice within the county is that these services are provided by the private sector through franchise agreements with local government, which he suspects will not change. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 1994 PAGE 10 • Councilmember Luna asked for clarification on the indemnification of the JPA and individual cities. Mr. Devencenzi stated the authority will be responsible for meeting state requirements and jurisdictions will be responsible for meeting their individual requirements. Councilmember Mullen clarified the Solid Waste Task Force is addressing the liability issue. Councilmember Luna stated Section 7.4(B) is not consistent with Section 7.6. Councilmember Luna asked what costs Morro Bay will be incurring? Mr. Devencenzi stated the Waste Management Authority will fund all of the programs through tipping fees and there will be no direct impact to the City's General Fund. Councilmember Mullen stated the Integrated Waste Management Board will be discussing budgetary issues and a representative from the Board will report to Council on the proposed expenditures. Councilmember Luna asked if the landfills currently in existence have composting programs? Mr. Devencenzi responded the landfills have greenways where compost is placed in a separate pile. He • said the City controls the flow of its waste and dictates where the hauler delivers its waste. • City Attorney David Hunt reviewed the following sections of the proposed agreement which were addressed by Council: Section 3.2 gives the responsibility for accomplishing the goals of the state act; Section 5.2 is the comprehensive statement of powers that are being given by Council to the Authority; Section 5.4 states no City can take action that is inconsistent with the previous actions by the Authority; and Section 12 states members are to indemnify the Authority. Mr. Hunt stated he is concerned with the language of Section 12 because if a city fails to meet their goal, are the other member cities responsible to pay for that failure? Mr. Hunt addressed Section 14 which addresses amendments including termination and stated there are no limitations as it is presently written. Mr. Devencenzi stated he would discuss these concerns with the anther-af-tre-agreement-, Ray Biering, and consult with Mr. Hunt on amendments that may be needed to resolve these concerns. Mayor Yates opened the hearing for public comment. Mary Phillips stated she does not create enough garbage to require service. 10 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 1994 PAGE 11 • John Lemons cautioned Council on the formation of a management board due to lack of local control. He said the City should have veto power on decisions made by the Board. Mayor Yates closed the hearing for public comment. Councilmember Luna stated concerns with the agreement which include the voting procedures, liability insurance, flow of power, and funding mechanism. Councilmember Luna asked if hiring employees will require approval from all members in the JPA? Mr. Devencenzi responded it will require approval within a budget that the governing board establishes. Councilmember Mullen clarified once the agreement has been reviewed and amended, it will return to Council for final approval. Councilmember Luna stated he will approve the agreement since it will be coming back to Council for final action. Councilmember Crotzer stated Council could give conceptual approval and still have an opportunity to withdraw based on • Section 13.2 of the agreement. Councilmember Mullen stated the Solid Waste Task Force sub- committee reviewed all possible permutations for voting and found the current way of having the Board established is the most protective of the rights of the small cities in the county. MOTION: Councilmember Mullen moved for conceptual approval to include comments from the City Attorney regarding indemnification, liability insurance, flow of power, and amendments including termination. The motion was seconded by Councilmember Crotzer and carried with Councilmember Unger voting no. (4-1) Public Works Director Jon Crawford reviewed the amendments made by Council at the February 14, 1994 City Council meeting to Resolution No. 07-94, the Water Management Plan, and Foreword. He recommended Council adopt Resolution No. 07-94, as well as the Water Management Plan thereby amending the City's Local Coastal Plan, and direct staff to forward the approved Plan to the Coastal Commission for their review and approval. • Mayor Yates opened the hearing for public comment. 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 1994 PAGE 12 Ned Rogoway stated this document requires provisional approval by the Coastal Commission based on the Coastal Act. He said the proposed document is not supported by any documentation which is not consistent with the provisions of the General Plan which must contain a statement of development policies. Mr. Rogoway stated there has not been an environmental review of this document nor of the Boyle document which is required by law. He said CEQA states certification of an Local Coastal Plan is required in order to qualify this document. Mary Phillips addressed the dangers of desalinated water. Linda Merrill asked if the State Water Plan Update is a draft document and will it be sent to the Coastal Commission? Mayor Yates responded it depends on when the update is circulated. Frank St. Denis addressed amendments made to the Water Management Plan, and stated the preferred list of water options in the Foreword ignores the will of the people. Warren Dorn stated the City funded the Sewer Treatment Plant through grants which did not put a burden on the tax payers in the community. He encouraged Council emphasize improvements that can be funded and financed through grants. • John Lemons stated the Water Management Plan does not address the long-term water needs for the citizens of Morro Bay. Mayor Yates closed the hearing for public comment. Councilmember Luna stated this plan is a result of compromise and hard work and he supports its approval. He said Measure G is intact with the plan. Councilmember Unger stated she does not support adoption of this plan. She addressed concerns with the data included in the plan and said it is difficult to understand. Councilmember Unger read for the record the fifth paragraph of the Foreword as follows: "Other projects such as Toro Creek and Coastal Streams Diversion were studied and ultimately deemed not feasible because of lack of storage facilities, lack of specific water rights and landowner opposition. Building of a dam on San Bernardo Creek was also studied and deemed not feasible due to cost and potential litigation from landowners in the area". Councilmember Unger stated this paragraph is not only unnecessary but untrue and asked that it be removed from the Foreword. MOTION: Councilmember Unger moved Council remove the fifth paragraph of the Foreword. . The motion died for lack of a second. 12 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 1994 PAGE 13 • Councilmember Mullen stated she has written numerous pages of comments in hopes the document would be altered. She said she believes the City needs to write its own concise document that can be read by the public and easily understood what direction the City is headed. Councilmember Mullen stated to provide affordable water to the City, groundwater should be conserved. She said the City can still pursue reclamation programs through grants which is a sustainable approach. Councilmember Mullen stated using the desalination plant as a back-up to State Water is a prudent decision and the City should maintain local control on this decision. She said the Nacimiento Project is in the early planning stage, and the City has opportunities along the way to continue participation in this project. If Los Osos chooses to participate in the Nacimiento Project, the cost of the Chorro Pipeline could be reduced for the City. Councilmember Mullen stated her support of the Water Management Plan. Councilmember Crotzer stated this is a consensus plan which will provide water for build -out. He said he strongly supports the adoption of this plan. Mayor Yates stated he supports the plan and expressed he will maintain a neutral position to State Water. • Councilmember Mullen stated the Nacimiento Water Project should be added to the last page of the Foreword. She addressed editorial amendments in the application with the SWRCB changing the wording "have requested" to "request". She also recommended changing all references in the General Plan and Local Coastal Plan of 160 gpcd to 130 gpcd average personal water usage. Mr. Hunt recommended not making the amendment to the average personal water use because it is referenced multiple times in those documents and require too many changes. He said by placing our desire to use 130 gpcd average water use in the plan, we have essentially made the above -referenced changes. Community Development Director Don Funk referred to the CEQA determination stating the Public Resources Code stipulates that local jurisdictions are not responsible for the CEQA determination with Local Coastal Plan amendments, and the Coastal Commission is deemed the responsible agency in this situation. E MOTION: Councilmember Mullen moved Council adopt Resolution No. 07-94; adopt the Water Management Plan as amended thereby amending the City's Local Coastal Plan; and direct staff to proceed with the forwarding of the approved plan to the Coastal Commission for their review and ultimate approval. The motion was seconded by Councilmember Crotzer and carried with Councilmember Unger voting no. (4-1) 13 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 1994 PAGE 14 Mayor Yates called for a break at 10:45 p.m.; the meeting resumed at 10:55 p.m. MOTION: Mayor Yates moved Council continue the remaining agenda to the March 14, 1994 City Council meeting. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) C-2 CONSIDERATION OF PUBLICATION OF PLANNING COMMISSION AGENDAS IN NEWSPAPER This item was continued to the March 14, 1994 City Council meeting. C-3 RESOLUTION 08-94• APPROVAL OF CITY WASTE DIVERSION POLICY AND RECYCLED MATERIALS CONTENT PURCHASING POLICY This item was continued to the March 14, 1994 City Council meeting. • This item was continued to the March 14, 1994 City Council meeting. D-4 REQUEST TO CHANGR_WATER-RATE SCHEDULE AND ADJUST WATE This item was continued to the March 14, 1994 City Council meeting. D-5 REVIEW OF MOBILEHOME RENT CONTROL ORDINANCE ANNUAL REPORT This item was continued to the March 14, 1994 City Council meeting. F. ADJOURNMENT MOTION: Councilmember Luna moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) The meeting adjourned at 11:00 p.m. Recorded by: Bridgett Davis City Clerk 14 City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION - FEBRUARY 14, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE 454956 9(A)PENDING LITIGATION ♦ STATUS REPORT ON ALL PENDING LITIGATION E-2 GOVERNMENT CODE 654956 9(C)INITIATION OF LITIGATION ♦ EXAMINE ISSUES RELATED TO "SPICE" AND SONIC CABLE; AND THREE DELINQUENT LEASE SITES FOR POSSIBLE INITIATION OF UNLAWFUL DETAINER ACTIONS E-3 GOVERNMENT CODE 454957 6, LABOR RELATIONS ♦ DISCUSSIONS WITH CITY'S REPRESENTATIVE IN LABOR NEGOTIATIONS REGARDING FUTURE NEGOTIATIONS E-4 GOVERNMENT CODE §54956 8,_REAL PROPERTY TRANSACTIONS INSTRUCTING CITY'S REAL PROPERTY NEGOTIATOR REGARDING THE PRICE AND TERMS OF PAYMENT FOR THE PURCHASE, SALE, EXCHANGE, OR LEASE OF REAL PROPERTY E-5 GOVERNMENT CODE §54957, PERSONNEL ♦ DISCUSSIONS REGARDING CITY ATTORNEY PERFORMANCE AND TIME REGULAR MEETING - FEBRUARY 14, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. 1 CONSENT CALENDAR Onless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF NOVEMBER 8, 1993, NOVEMBER 22, 1993, AND DECEMBER 13, 1993 A-2 RESOLUTION NO. 10-94: SUPPORTING CALPAW '94 LEGISLATION A-3 PROCLAMATION DECLARING MARCH 12, 1994 AS ARBOR DAY A-4 STATUS REPORT ON 1993 COMMUNITY DEVELOPMENT DEPARTMENT BUILDING PERMITS A-5 REJECTION OF CLAIM AGAINST THE CITY - SCOTT B. UNFINISHED BUSINESS B-1 SET DATE TO INTERVIEW APPLICANTS FOR ADVISORY BOARDS C. NEW BUSINESS C-1 FISCAL YEAR 1993/94 MID -YEAR BUDGET REVIEW C-2 APPROVAL OF AGREEMENT FOR SALES TAX AUDIT AND INFORMATION SERVICES • WITH HINDERLITER, DELLAMAS AND ASSOCIATES - (PULLED) C-3 RESOLUTION NO. 09-94: APPROVAL OF EMERGENCY VEHICLE REPLACEMENT C-4 DISCUSSION OF MORRO BAY CITY FACILITY USE POLICY D. PUBLIC HEARINGS REPORTS & APPEARANCES D-1 DISCUSSION OF SONIC CABLE TELEVISION'S NEW SPICE CHANNEL AND RELATED COMPLAINTS REGARDING INADEQUATELY SCRAMBLED VIDEO AND AUDIO SIGNALS D-2 RESOLUTION NO. 07-94: ADOPTION OF A WATER MANAGEMENT PLAN - AMENDMENT AND IMPLEMENTATION OF LOCAL COASTAL PLAN (LCP/GPA 02-93) - CONTINUED HEARING D-3 ORDINANCE NO. 435: PROPOSED MODIFICATION OF MORRO BAY MUNICIPAL CODE SECTION 13.20.080(B) CHANGING THE WATER EQUIVALENCY UNIT CREDITS TO JANUARY 1977 (FIRST READING/INTRODUCTION) D-4 1993 WEED ABATEMENT APPEALS TO CHARGES F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND • AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. 2 • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - FEBRUARY 14, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:19 p.m. PRESENT: ABSENT: STAFF: CLOSED SESSION Mayor Yates Colby Crotzer Ben Luna Susan Mullen Ahnawake Unger None Forrest Henderson David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Unger moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. • The meeting adjourned to Closed Session at 5:19 p.m. and returned to regular session at 5:57 p.m. MOTION: Councilmember Luna moved the meeting be adjourned. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) The meeting adjourned at 5:57 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None • • 11 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1994 PAGE 2 STAFF: Forrest Henderson David Hunt Jon Crawford Bridgett Davis Don Funk Rudy Hernandez Jeff Jones Andrea Lueker Michael Upton City Administrator City Attorney Public Works Director City Clerk Community Development Director Finance Director Fire Chief Int. Rec. & Parks Director Public Works Admin. Assistant Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Gary Ryan presented the "Lighten Up" for this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates announced a Certificate of Appreciation was received from Simi Valley for the City of Morro Bay's assistance in the Los Angeles Earthquake. Mayor Yates announced the Sonic Cable TV "Spice Channel" is a moot issue and stated Item D-1 on this agenda will be pulled. Mayor Yates announced the passing of Jim Rogers. Mayor Yates thanked Mary Phillips for her donation to RUOK. Mayor Yates announced his wife will be opening a jewelry business in the Marina Square building. Councilmember Mullen announced the City of Sacramento started the three minute public comment rule in order to organize their meetings. Councilmember Luna announced the Literacy Council will be sponsoring a National Literacy Forum next month. Councilmember Luna announced the trolley survey was mailed out to all businesses in the community. PUBLIC COMMENT Roger Ewing addressed Council on Item C-4 stating the Scenic Coast Players will benefit the community and requested Council consider waiving the facility fee for approximately two years; he said the non-profit theater group will reimburse the City for any MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1994 PAGE 3 • costs incurred within two years. Mr. Ewing also addressed Council on Items D-2 and D-3 stating he supports staff's recommendations on both items. Mr. Ewing also expressed his support of locating emergency phones on Highway One which the San Luis Obispo Council of Governments previously presented to Council. • 0 Mary Phillips stated Title 22 of the State Department of Health addresses water quality and requested someone from the State Department of Health visit Morro Bay to check on its water quality. Linda Merrill thanked the employees at the City Employee Christmas Party who donated toys to the Salvation Army to give to children for Christmas. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Luna requested an item be agendized regarding proposed dates for the long-term budget planning workshops. Councilmember Unger requested an item be agendized for discussion of holding a water symposium. Councilmember Mullen requested an item be agendized regarding the beautification of North Morro Bay. Mayor Yates requested an item be agendized regarding a tree planting program for the City. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETINGS OF NOVEMBER 8 1993 NOVEMBER 22 1993 AND DECEMBER 13, 1993 Mr. Henderson recommended Council approve the minutes of November 8, 1993, November 22, 1993, and December 13, 1993. A-2 RESOLUTION NO 10-94• SUPPORTING CALPAW 194 LEGISLATION Mr. Henderson recommended Council adopt Resolution No. 10-94 supporting the California Parks and Wildlife Bond Act of 1994. A-3 PROCLAMATION DECLARING MARCH 12, 1994 AS ARBOR DAY Mr. Henderson recommended Council adopt the Proclamation declaring March 12, 1994 as "Arbor Day". MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1994 PAGE 4 • A-4 STATUS REPORT ON 1993 COMMUNITY DEVELOPMENT DEPARTMENT BUILDING PERMITS Mr. Henderson recommended Council receive the status report on the 1993 Community Development Department building permits for information. A-5 REJECTION OF CLAIM AGAINST THE CITY - SCOTT Mr. Henderson recommended Council reject the claim submitted by Jon Scott. Councilmember Crotzer pulled Items A-3 and A-4 from the Consent Calendar. MOTION: Councilmember Unger moved to approve Items A-1, A-2, and A-5 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) A-3 PROCLAMATION DECLARING MARCH 12, 1994 AS ARBOR DAY Councilmember Crotzer requested Mayor Yates read the Proclamation declaring March 12, 1994 as "Arbor Day". Mayor Yates read the Proclamation to the public. • MOTION: Councilmember Crotzer moved Council adopt the Proclamation declaring March 12, 1994 as "Arbor Day". The motion was seconded by Councilmember Unger and unanimously carried. (5-0) A-4 STATUS REPORT ON 1993 COMMUNITY DEVELOPMENT DEPARTMENT BUILDING PERMITS Councilmember Crotzer noted corrections to the report. He said the increase in valuation of new construction in the City will help the local economy. MOTION: Councilmember Crotzer moved Council approve the status report on the 1993 Community Development Department building permits as amended. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 SET DATE TO INTERVIEW APPLICANTS FOR ADVISORY BOARDS The City Council scheduled Thursday, 17 February 1994 at 5:30 p.m. for advisory board interviews. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1994 PAGE 5 • C. NEW BUSINESS C-1 FISCAL YEAR 1993/94 MID -YEAR BUDGET REVIEW Finance Director Rudy Hernandez reviewed the Fiscal Year 1993/94 Mid -Year Budget stating its purpose is to compare actual revenue and expense with the estimated revenue and expenditures adopted by the City Council. Councilmember Crotzer inquired about the Sewer Capital Fund and asked why that fund is low? Public Works Director Jon Crawford responded most building occurring in the second half of the year involved structures that are demolished and rebuilt; they are not subject to pay connection fees as they already have sewer and water on -site. Councilmember Luna inquired about the Recreation & Park Fund and asked what caused the utility cost over -run and how will these costs be recovered? Interim Recreation & Parks Director Andrea Lueker responded there is some discrepancy of which fund the park irrigation water comes from; she said she needs to investigate this further and will update Council. Councilmember Mullen stated she would like sales tax updates in future budget reports. • MOTION: Councilmember Mullen moved Council approve the Fiscal Year 1993/94 Mid -Year Budget Report; and receive a written response on the Recreation & Parks Fund issue within one (1) month. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) C-2 APPROVAL OF AGREEMENT FOR SALES TAX AUDIT AND INFORMATION SERVICES WITH HINDERLITER, DELLAMAS AND _ASSOCIATES - (PULLED) This item was pulled from the agenda. C-3 RESOLUTION NO 09-94: APPROVAL OF EMERGENCY VEHICLE REPLACEMENT Fire Chief Jeff Jones reviewed purchasing options (preferably Option D) for the replacement of a fire engine and paramedic/rescue vehicle. Chief Jones recommended Council adopt Resolution No. 09-94 authorizing the City Administrator to act as the agent for the City of Morro Bay to enter into agreements with Municipal Leasing Associates Incorporated to establish a line of credit not to exceed $400,000; authorize the City Administrator to sign an agreement with Fire -Bann Corporation to purchase a 1994 Paramedic/Rescue vehicle (cost = $65,193); and authorize the Fire Department to solicit bids for the replacement of Engine 1 • (cost = approximately $275,000-$300,000). MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1994 PAGE 6 • Councilmember Crotzer asked for clarification of the costs between leasing and purchasing an engine. Chief Jones responded the City would benefit with a lower debt interest rate with a master lease agreement. Councilmember Mullen stated she supports the concept of the lease purchase option; she is, however, concerned with how the City will encumber funds for these vehicles. Chief Jones responded Option D in the staff report allocates an additional $80,000 to the fire engine reserve during either the mid -year or Fiscal Year 94/95 budget. City Administrator Forrest Henderson stated Proposition 172 funds were specifically designated by Council to be used in addition to normal operating expenditures in the Police and Fire Departments. Mayor Yates stated the Proposition 172 funds were allocated as additional funds for public safety. Chief Jones clarified the purchase of the two vehicles is to maintain the department's current level of operations. Councilmember Unger stated she is concerned with leasing the engine. Chief Jones stated he is trying not to impact the reserve and general funds with a $365,000 debt which would occur • by purchasing the engine. Councilmember Luna stated the 1969 emergency vehicle needs to be replaced and recommended reducing the first year's cost by the sale of this vehicle. Mayor Yates stated he supports staff's proposal and to start the process. MOTION: Mayor Yates moved Council approve Resolution No. 09-94 authorizing the Master Lease Agreement, signatories and Notice of Intent to be reimbursed. The motion was seconded by Councilmember Luna. Councilmember Mullen and Councilmember Unger stated they will support this motion; however, in future requests they would like to know where all the money is coming from. The motion was unanimously carried. (5-0) MOTION: Councilmember Unger moved approval to suspend the rules to go beyond the 7:30 p.m. public hearing time in order to hear Item C-4. The motion was seconded by Councilmember Luna and carried with Mayor Yates and Councilmember Crotzer voting no. (3-2) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1994 PAGE 7 • C-4 DISCUSSION OF MORRO BAY CITY FACILITY USE POLICY Councilmember Mullen stepped down due to conflict of interest on this item since she is a member of the Little Theater Group. Interim Recreation & Parks Director Andrea Lueker reviewed City policy regarding the use of City facilities and related fees. Ms. Lueker recommended Council advise staff accordingly. Councilmember Luna expressed concern with setting precedence; if Council waives fees for one organization, others will request the same consideration. Clara Rubing, representative for the Little Theater Group, stated their organization is requesting a waiver of all fees due to being a non-profit organization. Ms. Lueker clarified if the Little Theater Group designates themselves as a club, they would either pay the maintenance and utility fee or pay a percentage of money they collect at the door. Councilmember Crotzer stated a theater group will need a facility for practices which will require more time than what they are proposing. • Councilmember Unger stated she is also concerned with setting precedence. Mayor Yates stated he does not support this request due to setting precedence. He will, however, support the group paying a reduced fee. Councilmember Crotzer stated the Community Center needs to become more user-friendly as a community gathering place. The consensus of the Council was to not support waiving the facility use fee for the Little Theater Group. Mayor Yates called for a break at 8:00 p.m.; the meeting resumed at 8:20 p.m. D. PUBLIC HEARINGS REPORTS & APPEARANCES D-1 DISCUSSION OF SONIC CABLE TELEVISION'S NEW SPICE CHANNEL AND RELATED COMPLAINTS REGARDING INADEQUATELY SCRAMBLED VIDEO AND AUDIO SIGNALS This item was pulled from the agenda. Mayor Yates opened the hearing for public comment; there was no • comment and the public comment period was closed. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1994 PAGE 8 • D-2 RESOLUTION NO 07-94• ADOPTION OF A WATER MANAGEMENT PLAN - AMENDMENT AND IMPLEMENTATION OF LOCAL COASTAL PLAN (LCP/GPA 02-93) - CONTINUED HEARING Public Works Director Jon Crawford reviewed the amendments to the Water Management Plan received from Council at their November 3, 1994 meeting. Councilmember Crotzer asked if the City has basins that can be charged with water? Mr. Crawford responded the small coastal basins do act somewhat like a stream which has an outward flow of water that helps eliminate the extractions from these basins. Councilmember Mullen asked for clarification on the recovery of groundwater. Mr. Crawford responded quality standards will be presented to Council to set basic criteria to bring groundwater down to a certain level which will serve the long-term goals of the City. Councilmember Mullen requested a statement be placed in the Water Management Plan regarding potentially pursuing use of the sewer outfall for brine discharge. Councilmember Unger stated there is no reason to hold a water • symposium after the adoption of the Water Management Plan. Councilmember Luna asked if the statement regarding the use of voluntary water conservation could result in litigation. City Attorney David Hunt responded there should be no threat of litigation because Council is setting policy direction by encouraging conservation. Mayor Yates stated he would like education on water conservation to be a priority in the plan. Mayor Yates opened the hearing for public comment. Mary Phillips stated Council will break the law if they do not uphold the vote of the people for State Water. She said recycled water is not a good source of water. Ned Rogoway stated water conservation and reclamation will provide enough water to serve the community and will be more affordable to the citizens of Morro Bay. He urged Council to delay action on this plan until all questions have been answered. Mayor Yates closed the hearing for public comment. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1994 PAGE 9 • Councilmember Luna addressed the following concerns: 1) finding #16 of the resolution and questioned if this is the most affordable option for the rate payers of the City; 2) page two of the Water Management Plan regarding the immediate creation of voluntary retrofit throughout the entire City and paid for through water rates; 3) page three, item #7 of the Water Management Plan regarding the City's subsidy to increase the use of groundwater for irrigation within the limits and criteria set forth by State Health; and 4) page two of the Forward stating any source that requires a pipeline, must come from the City's watershed and is not a preferred solution but a mandated one. Councilmember Unger asked if the Water Management Plan is consistent with the General Plan and Local Coastal Plan? Community Development Director Don Funk responded the General Plan and Local Coastal Plan state the City is obligated to prepare a Water Management Plan with sources that justify continued development in the City and replace the retrofit program. City Attorney David Hunt responded Measure G mandates the use of State Water, but did not state the City could not use other sources of water. Councilmember Unger asked for clarification on the potentially environmental damage because of the lack of long-term water storage facilities. Mr. Crawford responded if a dam is built • across San Bernardo Creek, the City is creating some potentially serious environmental consequences within that basin. Councilmember Unger addressed the paragraph in the Forward of the Water Management Plan relating to Toro Creek and Coastal Streams Diversion and stated the following for the record: "In my opinion the above paragraph was not only unnecessary, but untrue in that the water rights problem, landowner opposition, and potential litigation issues had been solved at the time, and the projects were feasible. I feel that for political reasons only, and nothing else, the projects were cancelled." Councilmember Mullen stated the Water Management Plan should be consistent with the General Plan. She said she would like language in the Water Management Plan to amend the General Plan down -sizing the per capita use amount to 130 gallons per person per day. She addressed finding #15 in the resolution stating she does not support turning on the desalination plant unless it is necessary based on the costs involved; she does support implementing State Water in conjunction with groundwater. Councilmember Mullen addressed editorial amendments to the Water Management Plan, and said she would like the plan to include a commitment to sustainable and affordable water. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1994 PAGE 10 • Councilmember Crotzer asked for clarification on the status of Well No. 8. Mr. Crawford responded the City fully intends to find replacement wells for Well No. 8 and will not be utilizing surface water. 11 • Councilmember Crotzer asked that the Water Management Plan reflect that the wetlands will not be adversely affected. He addressed the affordability of water, and the inclusion of language addressing the sewer outfall. Council gave direction to staff to amend Resolution No. 07-94, the Water Management Plan, and the Forward in accordance with their comments and return the resolution to Council at a subsequent meeting. MOTION: Councilmember Unger moved Council remove the word "solely" from finding #12 of Resolution No. 07-94. The motion was seconded by Mayor Yates. Councilmember Mullen stated Council has an obligation to communicate to the Coastal Commission the City's intention with the State Water Project. Councilmember Crotzer stated the Water Management Plan should reflect clear and concise language of Council's intentions. The motion failed with Councilmember Crotzer, Councilmember Luna, and Councilmember Mullen voting no. (2-3) MOTION: Councilmember Mullen moved to amend item #1 of the Water Management Plan which reads "Immediate creation of voluntary retrofit throughout the entire City and paid for through water rates" to read "Immediate creation of voluntary retrofit throughout the entire City, promoted and paid for by the City, since conservation is this Council's number one priority." The motion was seconded by Councilmember Unger and carried with Councilmember Luna and Mayor Yates voting no. (3-2) Mayor Yates called for a break at 10:00 p.m.; the meeting resumed at 10:12 p.m. MOTION: Councilmember Unger moved Council remove paragraph #5 of the Forward in the Water Management Plan. The motion failed for a lack of a second. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1994 PAGE 11 • MOTION: Councilmember Mullen moved Council approve the priorities as follows: 1) Conservation; 2) Reclamation; 3) Groundwater; 4) State Water; 5) Desalination; and 6) Lake Nacimiento. The motion was seconded by Councilmember Unger and carried with Councilmember Luna and Mayor Yates voting no. (3-2) MOTION: Councilmember Luna moved Council continue the public hearing on the adoption of the Water Management Plan to the City Council meeting of 28 February 1994. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) D-3 ORDINANCE NO 435• PROPOSED MODIFICATION OF MORRO BAY MUNICIPAL CODE SECTION 13 20.080(B) CHANGING THE WATER EQUIVALENCY UNIT CREDITS TO JANUARY 1977 (FIRST READING/INTRODUCTION) Community Development Director Don Funk reviewed Ordinance No. 435 adopting amendments to Morro Bay Municipal Code Chapter 13.20.080 (B.1) and (B.2), and recommended Council approve it for first reading and introduction. Mayor Yates opened the hearing for public comment; there was no public comment and the public comment period was closed. • MOTION: Councilmember Luna moved to have Ordinance No. 435 read by title and number. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) City Administrator Forrest Henderson read Ordinance No. 435 by title and number. MOTION: Councilmember Luna moved to approve Ordinance No. 435 for introduction and first reading. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) D-4 1993 WEED ABATEMENT APPEALS TO CHARGES Public Works Director Jon Crawford reviewed the 1993 Weed Abatement Program recommending Council approve the release of the City contractor's 10% retention fund, less any distribution of amounts of any new appeals presented and approved by City Council. Mayor Yates opened the hearing for public comment; there was no public comment and the public comment period was closed. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 1994 PAGE 12 • MOTION: Councilmember Luna moved Council approve the release of the City contractor's 10% retention fund, less any distribution of amounts of any new appeals presented and approved by City Council. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) F. ADJOURNMENT MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 10:32 p.m. Recorded by: Bridge t Davis City Clerk • • NOT = C E OF SPEC = AL MEET = NG NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Thursday, February 17, 1994 at 5:30 p.m. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California to interview applicants for advisory board vacancies. DATED: February 15, 1994 1-m WILLIAM YATES, Ma or City of Morro Bay, California • L1 NOT = C E OF SPEC = AL MEET = MG i NOTICE IS HEREBY GIVEN that a continued public hearing of the Morro Bay City Council is hereby called to be held on Thursday, February 3, 1994 at 6:00 p.m. in the Veterans Memorial Building, 209 Surf Street, Morro Bay, California to further discuss the adoption of the Water Management Plan; Amendment and Implementation of Local Coastal Plan (LCP/GPA 02-93). DATED: January 27, 1994 WILLZAM YATES, r `� City of Morro ay, California 0 • • MINUTES - MORRO BAY CITY COUNCIL CONTINUED PUBLIC HEARING - FEBRUARY 3, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Mayor Yates Colby Crotzer Ben Luna Susan Mullen Ahnawake Unger ABSENT: None STAFF: Forrest Henderson David Hunt Bill Boucher Jon Crawford Bridgett Davis Don Funk COMMENTS FROM COUNCIL Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Public Works Operations Mgr. Public Works Dir./City Eng. City Clerk Community Development Director Mayor Yates stated it is important for the City to adopt a Water Management Plan. He said the City's desalination plant permit is in jeopardy if a plan is not adopted. Councilmember Mullen stated it is imperative to take the necessary time to hear public comments. She said the Water Management Plan needs to be written in order to be agreeable to all. Councilmember Crotzer stated Council should be sensitive to public input. Councilmember Unger stated the Water Management Plan is not ready for adoption; however, she looks forward to hearing the public's input. Councilmember Luna stated Council should take time to reach consensus in the implementation of this Water Management Plan. 04 MINUTES - MORRO BAY CITY COUNCIL CONTINUED PUBLIC HEARING - FEBRUARY 3, 1994 PAGE 2 • PUBLIC COMMENT Charles Palmer stated there is information missing on the desalination plant (i.e. lawsuit regarding sales tax); the public deserves an explanation. Mayor Yates responded Council is acting on these issues and will deliver a statement when appropriate. Bill Moyer stated the Waterfront Specific Plan is great. John Lemons urged Council to act on the Sonic Cable TV "Spice" channel issue. COMMENTS FROM STAFF City Attorney David Hunt stated the ideal solution is for Council to come to a consensus and direct staff to bring forward a resolution for adoption at the next available City Council meeting. COMMENTS FROM PUBLIC Linda Merrill made reference to the potential increase in water rates if State Water is obtained. She asked that Council review the Water Management Plan more closely, and take the time to add all water options to the plan. • Bill Moyer discussed the following issues: 1) continue efforts to obtain State Water via delivery by using a 16" pipeline; 2) sell the desalination plant to PG&E as proposed by Mayor Yates; 3) halt, any further effort to obtain Nacimiento Water due to excessive operating costs and contamination; and 4) perform research to determine the cause of contamination of Well No. 8 and take appropriate action in order to stop the contamination. Mayor Yates asked staff for clarification on the nitrates found in Well No. 8. Mr. Crawford responded it is under the influence of surface water which requires treatment; the nitrates in Chorro Valley is a basin -wide issue which requires blending. Councilmember Unger asked where Well No. 8 is located? Mr. Crawford responded it is located off Canet Road adjacent to Chorro Creek. Councilmember Mullen asked if the nitrates exceed State law? Mr. Crawford responded the department has been able to blend the nitrates down to meet State requirements and it is reviewed daily. • MINUTES - MORRO BAY CITY COUNCIL CONTINUED PUBLIC HEARING - FEBRUARY 3, 1994 PAGE 3 • Councilmember Mullen asked if there are other contamination issues in that well field. Mr. Crawford responded the Chorro well field has minor problems with solids that have high TDS levels. He said the largest problem with solids is in the Morro well field which often exceeds the limit. Mayor Yates asked for clarification on the sale of the desalination plant to PG&E. City Administrator Forrest Henderson responded the City has had several discussions with PG&E regarding the purchase of the plant as well as the purchase of desalinated water. He said PG&E explored many options and found they are not interested based on economics. Councilmember Crotzer asked for clarification on mercury contamination in Nacimiento Water. Christine Ferrara of Boyle Engineering, Inc. responded there are contaminates, however, the weight of the mercury will cause them to settle to the bottom of the reservoir; all of the water quality samples gathered from the lake have met health regulations. Mayor Yates asked the City Attorney for clarification on the desalination plant membrane issue. Mr. Hunt responded the plant has one train of membranes ready to function at the desalination plant. He said the decision on the pending litigation of Aqua Design Incorporated v City of Morro Bay regarding the • desalination plant sales tax should be delivered within three weeks. Mr. Hunt stated Aqua Design is prepared to deliver the remainder membranes upon agreement of the pending litigation. Frank St. Denis addressed Council with the following questions: If you favor upholding the "will of the people", what prevents you from voting for Option 2B of the plan as you did on December 13, 1991? In the end result, how does that vote differ from the resolution presented at the last Council meeting? Why did staff instruct Boyle Engineering not to consider the 1991 election or political ramifications of the vote on State Water? This was a law passed by the people. How could it not be factored in? If Los Osos and possibly Cayucos receive water from Lake Nacimiento, what pipeline will bring it to them? Would we sell them part of our Chorro Valley Pipeline? How would that affect treated State Water and untreated Nacimiento Water? If they build their own pipeline and ask us to join them, how does that differ from the original State Water pipeline proposal? Do we still have a 16" line or has that been reduced back to the original 10" line? There's no mention of that in the Boyle • report. 3 MINUTES - MORRO BAY CITY COUNCIL CONTINUED PUBLIC HEARING - FEBRUARY 3, 1994 PAGE 4 • It has been reported that the desalination plan only has one membrane filter on hand, the other three were returned to the manufacturer. How does this affect its operation in an emergency? Is the money for the remaining three filters still available when needed, or has it been returned to the General Fund? Mr. St. Denis submitted a magazine article on "Desalting is new focus of water suppliers group". He stated this article shows a definite interest on the part of Boyle Engineering in desalination operations. He asked if their recommendations in the report could be construed as a potential "conflict of interest"? Council responded to Mr. St. Denis' questions as follows: Councilmember Unger stated she does not favor the State Water option, but will vote for it based on the vote of the people. Councilmember Crotzer stated his pledge is to represent the people that live in Morro Bay now. He said he believes a better way to get a sense of the current constituents in Morro Bay is to hold an election on the State Water option. Councilmember Luna reiterated the importance of Council's • consensus in this matter. Councilmember Mullen stated the City is committed to State Water. She said she will continue to seek a Water Management Plan that Council can agree on. Mayor Yates clarified that the City is presently committed to State Water. He said a Water Management Plan is before the Council for adoption; if an initiative over -turns State Water, the initiative effectively takes the State Water Project option out of the plan. Mr. Crawford noted Boyle Engineering was instructed to consider only technical matters. Councilmember Mullen stated the plan presents the alternatives; Council is obligated to follow the law. Mr. Crawford stated County staff has contacted the City regarding the possibility of sharing the Chorro Valley pipeline. He said the Nacimiento Water option appears to be treated water which will be combined with State Water. Councilmember Mullen stated discussion has taken place between the County Water Advisory Task Force and state representatives on . combining forces with the State Water Project and the Nacimiento Water Project to minimize costs. 4 • MINUTES - MORRO BAY CITY COUNCIL CONTINUED PUBLIC HEARING - FEBRUARY 3, 1994 PAGE 5 Mr. Crawford clarified a 16" pipeline is proposed unless Council directs otherwise. Ms. Ferrara clarified Boyle Engineering designs desalination plants as well as engineers the transportation of water; this does not implicate conflicts of interest for any recommendation that was made in the Water Management Plan. Charles Palmer stated staff and the consultants have made recommendations that are not feasible. He said the final Water Management Plan should be concise. Mr. Hunt clarified the plan ultimately adopted will be at Council's direction. Ann Freeman recommended Council consider selling portions of State Water which are not needed. Councilmember Mullen stated the County has four potential buyers for excess State Water. Mr. Crawford stated the delivery of State Water to Morro Bay will require additional storage; one option is a million -gallon size tank adjacent to the Kings Street tank. He said the City is • deficient in storage capacity throughout town for existing residents. • Christine Granados stated Council's decision on the Water Management Plan will decide the quality of life in Morro Bay. She said Council should consider the economical, environmental and political needs of the City which do not require massive change and massive growth to cover costs. Ms. Granados urged Council to adopt a plan that protects the citizens from unbearable costs, and provides the options necessary to solve this difficult problem. John Lemons stated water has been debated in Morro Bay for years; the longer the debate, the higher the cost of water will be. He said water rates will increase with any water option chosen; and added the most economic option in the plan is Option 2B. Ray McGelligott stated the Water Management Plan should not be considered without including a firm commitment to water reclamation. Warren Dorn asked Council not to consider new subdivisions until there is on -site water and recommended Council consider water reclamation. 9 MINUTES - MORRO BAY CITY COUNCIL CONTINUED PUBLIC HEARING - FEBRUARY 3, 1994 PAGE 6 • Councilmember Mullen stated Assemblyman Jack O'Connell announced a $495 million bond act for the November 1994 ballot to support water reclamation and to tie in with the reauthorization of the Federal Clean Water Act. Mayor Yates called for a break at 7:25 p.m.; the meeting resumed at 7:40 p.m. Ned Rogoway stated water conservation should be considered a first priority. He said the City should consider short-term, low cost, water -beneficial projects before considering multi -million dollar projects. Bill Hannah addressed Council on a proposed water alternative he is working on with a professor at Cal Poly that is used in the Middle East; it is capable of using recycled wastewater and produces distilled water. Councilmember Mullen stated she supports renaming the plan to "Recommendations for a Water Management Plan". She would like the Water Management Plan to include an appendix reflecting Council's opinions. Councilmember Unger stated she supports renaming the plan the "Boyle Report". She said there are short and mid -range issues . relating to transition that need to be addressed in the Water Management Plan before adoption. • Mayor Yates stated the Water Management Plan will probably not be adopted tonight since it was advertised as a workshop. Councilmember Luna stated he would like to prioritize the issues individually which have been presented this evening. Councilmember Crotzer stated public comments show a wide range of input. Councilmember Mullen reviewed her written statement which is on file. She said her first concern is regarding population and how much water is needed. Councilmember Luna agrees with Councilmember Mullen's concept to include an appendix to the Water Management Plan. Mayor Yates listed the following issues presented by Council: Councilmember Luna - include a summary of the State Water Management Plan update; consideration of wastewater reclamation; conservation considered as the number one priority. 11 MINUTES - MORRO BAY CITY COUNCIL CONTINUED PUBLIC HEARING - FEBRUARY 3, 1994 PAGE 7 • Councilmember Unger - hold a symposium on water conservation and reclamation; short/mid-range solutions to support the Water Management Plan. Councilmember Crotzer - remain consistent within Measure F; State Water entitlement; environmental concerns with the use of water from the delta; maintain locally -controlled small projects. Councilmember Mullen - how much water does the City need; inquiry on population and per capita consumption estimates; can the City afford to operate the desalination plant, obtain State Water, and maintain groundwater; should the desalination plant be considered for emergency use or long-term use; discussion on the impact of water conservation on State Water use; obtain prioritized options besides State Water; commitment to affordable and sustainable choices; inquiry on the overall cost per acre-foot for all water options; consideration of water reclamation. Councilmember Unger - discussion of mandatory retrofitting; restructuring building standards to minimize water use; beneficial uses of gray and storm water; wastewater irrigation of public property; water conservation incentive programs; upper watershed retention; watershed agricultural techniques; short/mid/long-term water storage for the City; discussion on dispatching of water. • Mayor Yates stated his goal is to adopt a Water Management Plan with State Water as a primary water source. SYMPOSIUM Councilmember Mullen suggested Council adopt the Water Management Plan and hold a symposium to develop specific measures for water conservation. Councilmember Luna stated the City needs flexibility in implementing its water conservation measures and water policies. He recommended the symposium be held after the adoption of the Water Management Plan. Ned Rogoway stated the purpose of the symposium is to develop implementation techniques for the conservation of water and to increase the amount of water that is not presently available to the City of Morro Bay. Warren Dorn stated a symposium will help to implement the Water Management Plan. MOTION: Councilmember Luna moved Council not hold a symposium until the Water Management Plan is adopted and sent to the Coastal Commission for certification. The motion • was seconded by Councilmember Mullen. FA • MINUTES - MORRO BAY CITY COUNCIL CONTINUED PUBLIC HEARING - FEBRUARY 3, 1994 PAGE 8 Councilmember Mullen stated she supports holding a symposium; however, the City cannot afford anything but State Water to be fair to the rate payers. Councilmember Unger stated there is no reason to hold a symposium after the adoption of the Water Management Plan. Mayor Yates stated he supports the affirmation of Measure F, as well as the adoption of a Water Management Plan with options. The motion carried with Councilmember Unger voting no. (4-1) WATER RECLAMATION Councilmember Mullen stated she would like the Water Management Plan to include more information on water reclamation. Christine Ferrara stated the Water Management Plan does include information on water reclamation, as well, as definition of potential water reclamation scenarios. Councilmember Luna stated it seems that water reclamation takes the back seat when it comes to water alternatives. • Councilmember Mullen referred to a grant application to upgrade the City's sewer treatment plant dated May 18, 1979. She read Special Conditions No. 2 and 3 as follows: 2. The City of Morro Bay accepts the Step 2 Grant with the knowledge that the reclamation project is for the purpose of correcting, to the extent possible, the groundwater overdraft of Chorro Basin and preventing future sea water intrusion into both Morro and Chorro Basin. Do not begin design of the reclamation project until you receive specific written approval from the Division of Water Quality to do so. 3. The City of Morro Bay will complete a Water Management Plan prior to receipt of a Step 3 Grant. The scope of work for the Water Management Plan will be outlined by the SWRCB with input from the South Regional California Coastal Commission and the City of Morro Bay. As a minimum, recommendations made in the Water Management Plan for maximizing the reclaimed water - groundwater exchange will be accepted and implemented by the City of Morro Bay prior to completion of Step 2. Councilmember Mullen stated a small upgrade of the sewer treatment plant would benefit the City for quite some time, and she would like language in the plan to indicate the City moving • in that direction. 11 MINUTES - MORRO BAY CITY COUNCIL CONTINUED PUBLIC HEARING - FEBRUARY 3, 1994 PAGE 9 • Mr. Hunt clarified the City can include language in the resolution stating water reclamation continues to be the number two priority; and, to accomplish that goal, the Council will encourage and proceed with small -term reclamation projects as they become economically feasible. Council should also direct staff to come up with those projects as quickly as possible and to proceed further with completion of the Boyle Plan as outlined, if that becomes feasible based upon the factors identified in the plan. Bill Hannah clarified the proposed flash distillation plant will be available for trial basis, and will incur a capital cost of approximately $400,000 to produce 40 acre feet. MOTION: Councilmember Luna moved Council reconfirm water reclamation as its number two priority in the Water Management Plan, direct staff to actively pursue small reclamation projects as they become available, and continue pursuing the project as recommended by Boyle Engineering as the factors come forward to make it economically feasible. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) Mayor Yates called for a break at 9:15 p.m.; the meeting resumed at 9:30 p.m. • DESALINATION PLANT n LJ Mayor Yates recommended listing this item as "ability to operate the desalination plant at will" in the plan. Councilmember Mullen stated she does not want the City to depend on the desalination plant as a major long-term water supply; she would like it to be operated as the insurance policy that it was built to be. Councilmember Mullen said if population estimates and per capita use are lowered, the desalination plant will not be needed as much as it appears to be needed in the Water Management Plan. Mayor Yates stated he would like to define the term "emergency use" of the desalination plant. Mr. Crawford clarified staff's intention, in consideration of the high energy consumption of desalination that is expected, is that the plant will be operated intermittently when State Water is available. He said the purpose of the plant will be to make up for shortfalls in State Water during critical droughts and continuous blending for increased water quality. E MINUTES - MORRO BAY CITY COUNCIL CONTINUED PUBLIC HEARING - FEBRUARY 3, 1994 PAGE 10 • Councilmember Mullen stated it is her contention that the City does not need water from the desalination plant unless the City is in a severe drought for another ten years. She added the desalination plant is very expensive to operate and is a non - sustainable source due to the energy it uses. Mr. Hunt expressed concern that the Coastal Commission will find the definition to operate the desalination plant at will not to be sufficiently defined in order to meet the City's Local Coastal Plan requirements. Mr. Boucher responded the key for the Coastal Commission is the use of the plant for the purpose of routine replacement water or supplemental water. He said if it is routine replacement, the facility has the capacity to allow the community to overt an emergency which is the insurance policy. Charles Palmer stated the City should consider a back-up plant that can be operated at a lower cost. John Lemons stated to have the ability to operate the desalination plant at will is the proper approach. MOTION: Councilmember Mullen moved Council maintain the desalination plant and obtain permits to allow for "at will" production; and, following completion of the permitting process, the City develop standards for • operating the desalination plant. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) • NACIMIENTO WATER Councilmember Mullen stated she would like maintain the option of participating in Nacimiento Water (Phase II); she said it is a viable alternative if State Water is removed. Mr. Crawford recommended Council list Nacimiento Water as an option until either the groundwater permits have come in at an acceptable level or the desalination permits have been received. Council agreed with Mr. Crawford's recommendation. Linda Merrill stated she supports maintaining the option of participating in Nacimiento Water. MOTION: Councilmember Mullen moved the City keep its option open regarding participation in the Nacimiento Water Project and make a determination when appropriate to continue that participation. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) 10 MINUTES - MORRO BAY CITY COUNCIL CONTINUED PUBLIC HEARING - FEBRUARY 3, 1994 PAGE 11 • AFFIRMATION OF MEASURE F Christine Ferrara referred to page 5-4 of the Water Management Plan stating "For the purposes of this study, it is assumed that population growth will continue within the limits of Measure F, with a population of 12,200 in the year 2000. Beyond the year 2000, it has been assumed that the population would continue to grow at the rate presently allowed by Measure F. At that rate, population of 14,700 would occur in 2010." Ms. Ferrara said that is the basis for the water demand projections included in the plan and these are not in contradiction with Measure F. Councilmember Mullen clarified Measure F states the City grows at 70 units per year with an occupancy rate of 2.1, and a vacancy rate of 20%; in her estimation, the City's population will not be 12,200 in the year 2000. MOTION: Mayor Yates moved to affirm Council's conviction to stay within Measure F. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Councilmember Mullen requested a statement be included in the resolution on Council's commitment to the most affordable and sustainable options for long-term water. • Councilmember Crotzer stated the proponents for All Water Options claim State Water is the most sustainable water option. Mr. Crawford stated State Water is the most affordable option over the long-term based on the amount of water the City is requesting be delivered. Councilmember Unger stated the affordability of water is subjective; she said what may be affordable to one person is not affordable to another person. John Lemons suggested Council use the word economical rather than affordable. He said Council should define "sustainable". MOTION: Councilmember Mullen moved Council include a statement in the resolution that the City Council is committed to providing affordable and sustainable water to Morro Bay. The motion was seconded by Councilmember Crotzer and failed with Councilmember Luna, Councilmember Unger, and Mayor Yates voting no. (2-3) ENVIRONMENTAL/DELTA CONCERNS Councilmember Crotzer said this is an opportunity for Council to state that it does not believe it is the correct process to • remove water from an area that would endanger an estuary. 11 MINUTES - MORRO BAY CITY COUNCIL CONTINUED PUBLIC HEARING - FEBRUARY 3, 1994 PAGE 12 . Councilmember Unger stated based on information she has gathered she does not believe State Water is the best water source for the City of Morro Bay. John Lemons stated the City had an opportunity to sign a contract with the County for State Water with no significant impacts. Linda Merrill stated the plan to save the delta will impact the entire State of California. Mayor Yates reiterated his support of the vote of the people. Councilmember Mullen stated Council needs to make a statement on Council's position on this issue. Councilmember Luna stated he has reservations on including a statement in the plan that State Water is the City's preferred alternative. He recommended making the following statement in order to come to consensus: "The Boyle Engineering report concluded or recommended desalination as the City's number one alternative; however, choosing a water source other than the delivery of State Water to the City is contrary to the desires of the community as shown by passage of Measure G". MOTION: Councilmember Mullen moved Council include a statement • that on December 17, 1991 the voters within the City of Morro Bay approved Measure G by a vote of 59.4% to 40.3%; Measure G mandates bringing State Water to Morro Bay; and, solely because of this mandate, the City continues to participate in the State Water Project and associated pipelines. The motion was seconded by Councilmember Luna and carried with Councilmember Unger and Mayor Yates voting no. (3-2) MOTION: Councilmember Luna moved to continue this public hearing to the City Council meeting of February 14, 1994. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) The meeting adjourned at 11:00 p.m. Recorded by: Br�Davis City Clerk • 12 �i a z c a City Of Morro Bay City Council Agenda Mission Statement The City of -Morro Bay i des dicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. CLOSED SESSION - JANUARY 24, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA E-1 GOVERNMENT CODE §54956.8, REAL PROPERTY TRANSACTIONS / ♦ INSTRUCTING CITY'S REAL PROPERTY NEGOTIATOR REGARDING THE PRICE AND TERMS OF PAYMENT FOR THE PURCHASE, SALE, EXCHANGE, OR LEASE OF REAL PROPERTY REGULAR MEETING - JANUARY 24, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL WEDGE OF SILENCE LEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF NOVEMBER 8, 1993 A-2 WATER SUPPLY STATUS REPORT A-3 STATEMENT OF CASH AND INVESTMENTS - DECEMBER 1993 A-4 EXPENDITURE REPORT - DECEMBER 1993 0-5 AWARD OF CONTRACT FOR PROJECT 93-02 (FISHERMAN'S GEAR STORAGE) 1 *6 FORMATION OF THE MORRO BAY REDEVELOPMENT AGENCY TASK FORCE A-7 RESOLUTION OPPOSING U.S. NAVY SHIP SHOCK TESTING PROGRAM A-8 NOTIFICATION OF PREVIOUS APPROVALS AND ISSUANCE OF EMERGENCY TREE REMOVAL PERMITS/CDP 84-93E (LOCATION: 299 BRADLEY; APPLICANT: FORSYTH) AND CDP 01-94E (LOCATION: 948 PACIFIC; APPLICANT: GORE) A-9 APPROVAL OF LANDLORD ESTOPPEL AGREEMENT FOR LEASE SITE 90-90W A-10 RESOLUTION IN SUPPORT OF RENAMING HIGHWAY 41 THE E.G. LEWIS HIGHWAY A-11 REJECTION OF LIABILITY CLAIM AGAINST THE CITY - FARNAM A-12 PROCLAMATION DECLARING FEBRUARY 6-12, 1994 AS SCOUTING ANNIVERSARY WEEK B. B-1 CONSIDERATION OF GRANTING SANDAL MAKARA A TIME EXTENSION FOR USE OF NON -CONFORMING MOORING C-1 STATUS REPORT ON AMERICAN DISABILITY ACT COMPLIANCE •. PUBLIC HEARINGS REPORTS & APPEARANCES D-1 CONTINUED HEARING ON APPEAL OF PLANNING COMMISSION ACTION ON CDP 52- 93/VAR 05-93 (LOCATION: 411 TAHITI; APPLICANT: WEST) D-2 REVIEW OF 1993 ANNUAL WATER REPORT AND 1994-95 BUILDING ALLOCATION D-3 APPEAL OF PLANNING COMMISSION ACTION UPHOLDING CODE ENFORCEMENT ACTION (LOCATION: 2970 GREENWOOD; APPLICANT: HOLINBECK) - CONTINUED TO MARCH 14, 1994 D-4 CONTINUED DISCUSSION AND COUNCIL CONSIDERATION OF APPROVAL OF THE WATER MANAGEMENT PLAN F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. 2 . MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JANUARY 24, 1994 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Yates called the meeting to order at 5:20 p.m. PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember ABSENT: Ahnawake Unger Councilmember STAFF: Forrest Henderson City Administrator David Hunt City Attorney CLOSED SESSION MOTION: Councilmember Crotzer moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. The meeting adjourned to Closed Session at 5:20 p.m. and returned • to regular session at 5:51 p.m. MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) The meeting adjourned at 5:51 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Mayor Yates Mayor Colby Crotzer Councilmember Ben Luna Councilmember Susan Mullen Councilmember Ahnawake Unger Councilmember ABSENT: None 1 • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 1994 PAGE 2 STAFF: Forrest Henderson David Hunt Rick Algert Bill Boucher Jon Crawford Bridgett Davis Don Funk Rudy Hernandez Jeff Jones Andrea Lueker City Administrator City Attorney Harbor Director Public Works Associate Public Works Director City Clerk Community Development Director Finance Director Fire Chief Int. Rec. & Parks Director Jo L. Merriman led the Pledge of Allegiance. LIGHTEN UP Roger Ewing presented the "Lighten Up" for this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates announced efforts to replace the Coast Guard Cutter are still in process. Mayor Yates announced the farewell ceremony for the Pt. Winslow, skipper and crew is Tuesday, January 31, 1994 at 1:00 p.m. Mayor Yates announced dredging is underway. Councilmember Unger announced she attended a meeting in Santa Barbara regarding water management in the State of California. PUBLIC COMMENT Jo L. Merriman stated his opposition to the renaming of Highway 41. Charles Palmer requested the Council rearrange tonight's agenda and place the Water Management Plan at the top of the agenda. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Mullen requested an item be agendized to discuss earthquake preparedness for the City. Councilmember Mullen requested the subject of a fee waiver for use of the Community Center as a public use facility be agendized. 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 1994 PAGE 3 • A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF NOVEMBER 8. 1993 Mr. Henderson recommended Council approve the minutes of November 8, 1993. A-2 WATER SUPPLY STATUS REPORT Mr. Henderson recommended Council accept the report for file. A-3 STATEMENT OF CASH AND INVESTMENTS - DECEMBER 1993 Mr. Henderson recommended Council accept the report for file. A-4 EXPENDITURE REPORT - DECEMBER 1993 Mr. Henderson recommended Council accept the report for file. A-5 AWARD OF CONTRACT FOR PROJECT 93-02 (FISHERMAN'S GEAR STORAGE) • Mr. Henderson recommended Council award the contract for the construction of a Commercial Fisherman's Gear Storage Facility (PW Contract 93-02) to Rarig Construction in the amount of $282,900; authorize the Mayor to sign the contract; and transfer $45,000 from the Harbor Fund balance into the project fund. • A-6 FORMATION OF THE MORRO BAY REDEVELOPMENT AGENCY TASK FORC Mr. Henderson recommended Council approve the formation of the Morro Bay Redevelopment Agency Task Force as recommended by the Mayor. A-7 RESOLUTION OPPOSING U.S. NAVY _SHIP --SHOCK TESTING PROGRAM Mr. Henderson recommended Council approve Resolution No. 03-94 opposing the U.S. Navy's proposed shock testing operations seaward of the Channel Islands. A-8 NOTIFICATION OF PREVIOUS APPROVALS AND ISSUANCE OF EMERGENCY TREE REMOVAL PERMITS/CDP 84-93E (LOCATION: 299 BRADLEY: APPLICANT: FORSYTH) AND CDP 01-94E (LOCATION: 948 PACIFIC; APPLICANT• GORE) Mr. Henderson recommended Council accept this report for file. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 1994 PAGE 4 • A-9 APPROVAL OF LANDLORD ESTOPPEL AGREEMENT FOR LEASE SITE 90- 90W Mr. Henderson recommended Council approve the agreement and authorize the Mayor to execute the Landlord's Estoppel Agreement for Lease Site 90/90W. A-10 RESOLUTION IN SUPPORT OF RENAMING HIGHWAY 41 THE E.G. LEWIS HIGHWAY Mr. Henderson recommended Council approve Resolution No. 06-94 supporting the naming of that portion of State Highway 41 between Route 101 and Route 1 "the E.G. Lewis Highway". A-11 REJECTION OF LIABILITY CLAIM AGAINST THE CITY - FARNAM Mr. Henderson recommended Council reject the claim filed against the City by Kimberly Farnam. A-12 PROCLAMATION DECLARING FEBRUARY 6-12, 1994 AS SCOUTING ANNIVERSARY WEEK Mr. Henderson recommended Council adopt the Proclamation declaring February 6-12, 1994 as "Scouting Anniversary Week". • Councilmember Unger pulled Item A-1, Councilmember Crotzer pulled Item A-8, and Mayor Yates pulled Item A-6 from the Consent Calendar. MOTION: Councilmember Unger moved to approve the Consent Calendar with the exception of Items A-1, A-6, and A-8. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-1 CITY COUNCIL MINUTES FOR THE REGULAR MEETING OF NOVEMBER 8. 1993 Councilmember Unger requested City Clerk expand on Mr. Palmer's comments in regards to Item D-1 and return the minutes for approval to the February 14, 1994 City Council meeting. City Attorney David Hunt recommended including Mr. Palmer's written statement as part of the record. A-6 FORMATION OF THE MORRO BAY REDEVELOPMENT AGENCY TASK FORCE Mayor Yates asked for clarification on the funding for travel expenses for the Redevelopment Agency Task Force. Community Development Director Don Funk stated expenses would be for members of the task force to attend a League of California Cities' seminar and also travel expenses to local areas that are • implementing the Redevelopment Agency Program. 4 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 1994 PAGE 5 • MOTION: Mayor Yates moved to approve funding $2,500 for travel expenses for the Redevelopment Agency Task Force from the General Fund Balance. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) A-8 NOTIFICATION OF PREVIOUS APPROVALS AND ISSUANCE OF EMERGENCY TREE REMOVAL PERMITS/CDP 84-93E (LOCATION: 299 BRADLEY; APPLICANT• FORSYTH) AND CDP 01-94E (LOCATION: 948 PACIFIC; APPLICANT: GORE) Councilmember Crotzer stated it is a real loss to the community to endanger the City's urban forest. He expressed concern that the City presently has no recourse to protect the urban forest. Councilmember Luna stated he would like to expedite council's review of the tree ordinance. No action was taken on this item. Mayor Yates presented the Proclamation declaring February 6-12, 1994 as "Scouting Anniversary Week" to Tom Grimes, Senior District Executive of Boy Scouts of America. B. UNFINISHED BUSINESS • B-1 CONSIDERATION OF GRANTING SANDAL MAKARA A TIME EXTENSION FOR USE OF NON -CONFORMING MOORING Mayor Yates reviewed the request of Sandal Makara for a time extension for the use of his non -conforming mooring. Mayor Yates recommended Council grant Mr. Makara a 90-day extension to remain on his mooring. • Councilmember Luna stated he reluctantly supports this request. Councilmember Unger asked what happens if Mr. Makara does not conform in 90 days. Harbor Director Rick Algert responded legal action will be pursued if Mr. Makara does not meet the time extension. Councilmember Mullen stated she hopes the community will help Mr. Makara find living quarters on land. Councilmember Luna stated he will not support additional extensions. MOTION: Councilmember Unger moved to extend Sandal Makara's deadline for compliance on his mooring for ninety (90) days. The motion was seconded by Mayor Yates and unanimously carried. (5-0) 5 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 1994 PAGE 6 • C. NEW BUSINESS C-1 STATUS REPORT ON AMERICAN DISABILITY ACT COMPLIANCE Interim Recreation & Parks Director Andrea Lueker reviewed the status of the City's compliance with the Americans with Disabilities Act (ADA). Ms. Lueker recommended Council review the report and advise staff on further action. Councilmember Luna stated the disabled should have access to beach and natural areas. City Administrator Forrest Henderson responded the City will consider this as a long-range plan to implement the ADA. Councilmember Unger asked what the cost estimate is for Option 3 which provides the committee access to training materials/workshops in order to expedite the evaluation process? Ms. Lueker responded the City can obtain training materials for approximately $500-$800. Councilmember Mullen asked if the City could receive penalties for non-compliance with the ADA? City Attorney David Hunt responded the City does not have any specific penalty provisions applicable at this time; he did, however, state the City has a short time frame and should comply as soon as possible. • Councilmember Crotzer asked what has caused the delay in City compliance? Mr. Henderson responded delays have been caused by modifications that have been made to regulations which will not be available until April 1994; as well as changes in various personnel positions in the City. Councilmember Crotzer asked about the cost on the transmitters? Ms. Lueker responded the cost of $700-$1,000 would include the entire system which includes three individual transmitters and the receiver. • Councilmember Crotzer stated the City of Pismo Beach provides PVC -constructed wheelchairs for beach use. Ms. Lueker responded some communities have used wheelchairs and boardwalks onto the beach. Councilmember Unger stated she will not support Option 2 which allows for the employment of a compliance consultant. Councilmember Mullen expressed concern with the time -frame and compliance being met by January 1995; she asked staff to provide Council with a quarterly update on the progress of the ADA compliance. M • • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 1994 PAGE 7 Mayor Yates is concerned staff will be overloaded in trying to meet this deadline. Ms. Lueker stated it would be helpful if a task force is implemented for public facility compliance. MOTION: Councilmember Luna moved to approve Option 3 which allows for reappointment of members and continuation of evaluation for compliance and recommendation on further action; provide committee access to training materials/ workshops in order to expedite the evaluation process; and allocate $1,500 from the General Fund Balance for the purchase of the Assistive Listening Devices and training materials. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) Mayor called a break at 7:10; meeting resumed at 7:20. MOTION: Councilmember Mullen moved to hear the public hearings in the following order: D-2, D-4, D-1, and D-3. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-2 REVIEW OF 1993 ANNUAL WATER REPORT AND 1994-95 BUILDING ALLOCATION RECOMMENDATIONS Community Development Director Don Funk reviewed the 1993 Annual Water Report which describes previous development activity, updates on the water retrofit program, and water supply and loss records. He said the report also recommends the building allocation for the next fiscal year. Mr. Funk stated based on staff's evaluation, it appears there are adequate retrofits left in the community to allow for continuation of the retrofit program for another year; therefore, it is possible for the Council to allocate construction based on Measure "F" for at least one more year. He said the Water Management Plan now in review will establish the water sources which are anticipated to eventually replace the retrofit program once those sources are available. Mr. Funk recommended Council adopt Resolution No. 04- 94 approving the 1993 Annual Water Report and adopting a Water Allocation Program for Fiscal Year 1994-95. Councilmember Crotzer asked if better served by single family Funk responded single family intensive. the local building economy is or multi -family residences? Mr. residences would be more labor Councilmember Mullen asked if the City maintains a list of available retrofits? Mr. Funk responded a list is available in the Community Development Department office. Councilmember Mullen said she supports the City maintaining this list. 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 1994 PAGE 8 • Councilmember Mullen stated she finds this annual report to be helpful in informing how the City is doing in relationship to the retrofit program, and water usage in general. Mayor Yates opened the hearing for public comment. Shirley Fisher requested Council consider leaving the allocation program as it has been for the past two years. She asked Council to consider increasing the single family residence allocations. Dan Reddell stated water list recipients who cannot build should pass on their position on the list to recipients that can take advantage of building at that time. Roger Ewing stated the City's source of water has not improved for the past five years. He said single family residence allocations should be increased. Mr. Ewing stated water is going to increase in cost which will create a high rent district as opposed to establishing low-income housing. Jim Wood stated retrofits should be allocated to single family residences. Charles Palmer stated there are more vacant lots in the single family residential area than is listed in the Water Management • Plan. Mayor Yates closed the public hearing. u Mayor Yates asked for clarification on the numbers of allocations in the report. Mr. Funk stated with the present ratio, it will take longer to allocate water to the multi -family than the single family residential list. He said based on existing zoning the present ratio allows for the appropriate build -out in the community. Councilmember Crotzer asked if the City has relinquished all local control to the state by adopting the Housing Element? City Attorney David Hunt responded there may be impacts if the Housing Element is not complied with. Mayor Yates asked if there would be a major impact if allocations are switched by allocating 42 single family residences and 35 multi -family? Mr. Funk responded the state gives a five or six year estimate of what the City's allocations should be; they do not dictate how the City allocates on a yearly basis. Councilmember Mullen stated she recalls the City was going to 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 1994 PAGE 9 • over multi -family the new numbers. to do it now. Councilmember Unger asked if the City could allocate the same as last year (50 single family and 27 multi -family)? Mr. Funk responded it would not meet the City's Housing Element goals. Councilmember Luna stated if the Housing Element is going to be amended, it should be considered now. Mayor Yates stated he supports Councilmember Luna's comments and staff recommendation. Councilmember Crotzer stated he would support following the General Plan by approving the 50/50 split between single family and multi -family residential allocations. MOTION: Councilmember Crotzer moved to approve Resolution No. 04-94 with an amendment to revise the total allocations • with a 10% latitude based on Measure F allocating 77 total permits with 38 single family and 39 multi -family residences; and make findings to meet the requirements of the Housing Element in the General Plan. The motion was seconded by Mayor Yates and carried with Councilmember Unger voting no. (4-1) Mayor Yates called a break at 8:25; meeting resumed at 8:35. D-4 CONTINUED DISCUSSION AND COUNCIL CONSIDERATION OF APPROVAL OF THE WATER MANAGEMENT PLAN Public Works Director Jon Crawford updated Council on the draft Water Management Plan. He introduced Christine Ferrara of Boyle Engineering who reviewed changes to the recommendations of the plan. Mr. Crawford recommended Council approve Resolution No. 07-94 adopting the draft Water Management Plan and amending the City's Local Coastal Plan; and direct staff to forward the resolution and plan to the Coastal Commission for their review and approval. Mayor Yates opened the hearing for public comment. Charles Palmer stated the Water Management Plan is loosely written and suggested Council have it rewritten to indicate what direction Council wants to follow. He also said there are • several technical errors in the plan. 91 1] MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 1994 PAGE 10 Jim Wood stated the proposed State Water Project will not benefit the City of Morro Bay. Ned Rogoway stated the Water Management Plan has not fulfilled the proposed scope of work as set forth in the contract. He recommended the City not make any further payments to Boyle Engineering until the scope of work has been met. Mr. Rogoway also said the plan states wastewater reclamation is not a viable alternative. He quoted Section 8.2 of the Water Management Plan states water conservation should be a first priority; this is not being fulfilled. Mr. Rogoway stated the plan also does not address costs, what the environmental impacts are, and what the water impacts and implementations will be. John Lemons asked Council consider adopting Resolution No. 07-94 tonight. Ernie Miller stated he supports State Water and urged Council consider adopting Resolution No. 07-94. Roger Ewing stated he opposes the State Water Project. He urged Council delay the approval of Resolution No. 07-94 until the costs are clearly stated. He recommended Council direct staff to correspond with the San Luis Obispo County Board of Supervisors • to inform them of Morro Bay's interest in Nacimiento water. • Frank St. Denis stated the cost of the pipeline being constructed to San Luis Obispo has already realized a savings of $12 million in construction costs because the bids came in under the anticipated cost; this could also happen with the pipeline to Morro Bay. Linda Merrill commended Boyle Engineering and staff in their diligence in preparing this report. She urged Council delay approval of the Water Management Plan in order to make adjustments regarding costs. Ms. Merrill asked that the California Water Plan Update be incorporated into the Water Management Plan. Linda Donnelly urged Council to consider adopting Resolution No. 07-94 tonight. Warren Dorn asked if there is a Water Advisory Board recommendation? Mr. Crawford responded the Water Advisory Board supported Option 2B of the Water Management Plan; and also recommended the City go with a 12" pipeline, and require an impact fee for new development to help off -set the costs of any rate increases. Mr. Dorn stated wastewater reclamation should be considered a priority in water conservation. 10 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 1994 PAGE 11 • Paul Donnelly stated Los Osos will be participating in Nacimiento Water and recommended Council find out how the water will be transported from Nacimiento to Los Osos. Dale Reddell stated he supports staff's recommendation and urged Council consider the adoption of Resolution No. 07-94. Mayor Yates closed the public hearing. Mayor Yates remains in support of the vote of the people and supports approval of Resolution No. 07-94. Councilmember Unger stated she wants to keep water rates down. She reviewed costs that would be incurred by the City if the Water Management Plan is approved as recommended, and stated she does not support any of the proposed options based on the costs that would be incurred. Mayor Yates asked for clarification on the desalination plant debt service. Mr. Crawford responded the desalination plant is covered in the amount budgeted; he said there is no specific revenue source for debt service so money is transferred from General Water Revenues. Councilmember Luna asked that the findings of the California • Water Plan Update be included in the Water Management Plan. He stated he supports Option 2-B, and upholds the initiative passed by the citizens of Morro Bay. • Councilmember Mullen stated she supports Option 2-B of the Water Management Plan; however, she stated she had concerns with the 'U 1..1 V110 G11Q 1. 11111111111 GG VVJG�• 411V G11G 1Gj./V1G 11GGYJ 41• j./GllM1A• Councilmember Mullen stated she would like to further discuss per capita usage and population. She said she is not ready to approve the report as presently written. Mayor Yates stated he is fearful of history repeating itself. Councilmember Crotzer stated the demographics of Morro Bay will change with the approval of the State Water Project. He said future growth will be based on those who can afford the cost of living which will also impact low-income housing. Councilmember Crotzer stated it is immoral to take water from a watershed that is suffering from depletion of its resources, and take it to a semi -arid area. He said more time is needed to further review what alternative will best serve the City of Morro Bay. 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 1994 PAGE 12 • Mayor Yates stated Council is duty bound to follow the will of the people. He said there are several issues that are contingent on the Water Management Plan being adopted, and it is costing the City money to delay adopting the plan. MOTION: Mayor Yates moved to approve Resolution No. 07-94. The motion was seconded by Councilmember Unger. Councilmember Mullen stated her concern is the population estimates reported in the plan are not in alignment with Measure F. Christine Ferrara clarified the population estimates in the Water Management Plan are in line with Measure F; however, the number of persons per unit may be Councilmember Mullen's concern, which is not dictated by Measure F. Mr. Crawford clarified the Water Management Plan is a planning document and sets policy in order for staff to follow-up with Council's requests. Councilmember Luna stated he will not support the motion because he would like the Council to come to a consensus on this issue. Councilmember Unger called for the question. The motion failed with Councilmember Crotzer, • Councilmember Luna, Councilmember Mullen, and Councilmember Unger voting no. (1-4) Councilmember Crotzer stated this issue may require another voter's initiative. Councilmember Mullen stated she will not support Council placing another initiative on the ballot regarding this issue. Councilmember Luna stated this may require a workshop in order to come to consensus. Councilmember Unger asked Mr. Hunt for clarification on the Council's ability to amend the plan? Mr. Hunt responded the City Council has the ability to amend the plan and control its implementation. Mayor Yates continued this public hearing to February 3, 1994 at 6:00 p.m. Mayor Yates called a break at 10:25 p.m.; the meeting resumed at 10:35 p.m. Councilmember Luna stated Council should direct staff to attend the Board of Supervisors' meeting and express the City's interest in participating in the Nacimiento Water Project. • 12 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 1994 PAGE 13 • MOTION: Councilmember Luna moved to direct staff to attend the Board of Supervisors' meeting on Tuesday, January 25, 1994 and express the City's interest in participating in the Nacimiento Water Project. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) D-1 CONTINUED HEARING ON APPEAL OF PLANNING COMMISSION ACTION ON CDP 52-93fVAR 05-93 (LOCATION: 411 TAHITI; APPLICANT: WEST) Community Development Director Don Funk reviewed the information Council requested from staff at their December 13, 1993 meeting. He recommended Council review the information received from the State Coastal Commission regarding the creek; approve the reduction of the front setback to five (5) feet; and uphold the decision of the Planning Commission reducing the setback from the creekbank from 50 feet to 25 feet. Mayor Yates opened the hearing for public comment. John Kim, representative for the applicant, stated anything less than 30 feet in depth is difficult to build a dwelling with a garage. He asked Council to consider a 5-foot variance in front, and the ability to work with staff on improving the drainage from the property. • Councilmember Unger inquired on re-routing the creek? Public Works Director Jon Crawford responded the Master Drainage Plan calls for a parallel line down Tahiti Street which will take the excess drainage and divert part of it. Councilmember Crotzer stated he does not support approving a 15- foot setback from the creek to allow a two -car garage on a substandard lot. Roy and Julie Spina stated they object to a precedent being set on allowing the reduction of front setbacks because it reduces the front buffer zone. Mr. Spina stated the developer should consider building on two lots to meet his square footage requirements. Bob Rogers, builder for applicant, stated there is only one house in the neighborhood with a ten -foot setback which goes all the way down to the creek. He said to build a decent house will require a 30-foot depth lot. Bill Curtis stated he was allowed a five-foot setback to build a three car garage. The proposed lot is smaller than his and requires more building space. Margarite White stated she owns a similar lot in this • neighborhood and was not aware they are substandard lots. She 13 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 1994 PAGE 14 • said the ordinance needs to be properly defined in regards to the creek. Mayor Yates closed the public hearing. Councilmember Crotzer stated he supports the Planning Commission's decision on this issue. Councilmember Mullen stated she supports the Planning Commission's decision on the rear setback from the creekbank and a five-foot setback in front. Councilmember Unger agrees to uphold the Planning Commission's recommendation on this issue. Councilmember Luna stated he would support extending the rear setback to 15 feet before he would approve the five-foot front setback. Mr. Funk clarified a 25-foot rear setback is the minimum the City can approve at this point without Coastal Commission approval. MOTION: Councilmember Luna moved to go beyond the 11:00 p.m. deadline. The motion was seconded by Mayor Yates and unanimously carried. (5-0) • MOTION: Mayor Yates moved to approve the reduction of the front setback to five feet, and uphold the decision of the Planning Commission reducing the rear setback from the creekbank to 25 feet. The motion was seconded by Councilmember Mullen and failed with Councilmembers Crotzer, Luna, and Unger voting no. (2-3) MOTION: Councilmember Crotzer moved Council support the Planning Commission recommendation of an eight -foot front setback; reaffirm the Department of Fish & Game's allowed 25-foot setback from the rear; and support the applicant to go before the appropriate state agencies to further reduce the rear setback to 20 feet. The motion was seconded by Councilmember Unger and carried with Mayor Yates voting no. (4-1) D-3 APPEAL OF PLANNING COMMISSION ACTION UPHOLDING CODE ENFORCEMENT ACTION (LOCATION• 2970 GREENWOOD; APPLICANT• HOLINBECK) - CONTINUED TO MARCH 14, 1994 This item is being continued to the City Council meeting of March 28, 1994. Mayor Yates opened the hearing for public comment; there were no comments, and the public hearing was closed. • No action was taken on this item. 14 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 1994 PAGE 15 F. ADJOURNMENT MOTION: Councilmember Unger moved the meeting be adjourned. The motion was seconded by Councilmember Mullen and unanimously carried. (5-0) The meeting adjourned at 11:35 p.m. Recorded by: Bridge City Clerk • i 15 City Of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life which we all enjoy. We are committed to this purpose and will provide a level of municipal service consistent and responsive to our public and its needs. REGULAR MEETING - JANUARY 10, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - VFW POST 11097 LIGHTEN UP MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS _PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearings items under Section D) may do so at this time. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should be limited to three minutes. 7K. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE SPECIAL WATER MANAGEMENT PLAN WORKSHOPS OF NOVEMBER 3, 1993 AND NOVEMBER 17, 1993; AND THE SPECIAL CITY COUNCIL MEETING OF DECEMBER 15, 1993 A-2 WATER SUPPLY STATUS REPORT A-3 STATEMENT OF CASH AND INVESTMENTS - NOVEMBER 1993 A-4 EXPENDITURE REPORT - NOVEMBER 1993 A-5 RESOLUTION ACCEPTING OFFER OF DEDICATION (630 EMBARCADERO - HARADA) A-6 NOTIFICATION OF ISSUANCE OF EMERGENCY TREE REMOVAL PERMIT (1405 TERESA DRIVE; CDP 82-93) A-7 CLAIM REJECTION - LEAGE A-8 CLAIM REJECTION - VIERTHALER •-9 APPROVAL OF FISCAL YEAR 1992/93 BEGINNING FUND BALANCES FOR MORRO BAY/CAYUCOS WASTEWATER JPA FUND 1 0. UNFINISHED BUSINESS B-1 STATUS REPORT ON TROLLEY PROPOSAL B-2 ORDINANCE NO. 434 - AMENDMENT TO MORRO BAY MUNICIPAL CODE SECTION 7.16.040 - KEEPING OF PYGMY LIVESTOCK (SECOND READING AND ADOPTION) C. NEW BUSINESS C-1 CONSIDERATION OF TIME EXTENSION REQUEST TO PAY SECOND INSTALLMENT PARKING IN -LIEU FEE FOR MARINA SQUARE (699 EMBARCADERO) C-2 RESOLUTION APPROVING REQUEST FOR SUMMARY VACATION OF ALLEY ADJACENT TO CERRITO PLACE - (PULLED) C-3 CONSIDERATION OF AGENDIZING BY-LAWS OF THE MORRO BAY MUNICIPAL CODE AD -HOC COMMITTEE D-1 CONSIDERATION OF CERTIFICATE OF PUBLIC CONVENIENCE (CMS TRANSPORTATION SERVICES; ARTHUR PELINO) D-2 DISCUSSION OF POTENTIAL FOR COMMUNITY REDEVELOPMENT AGENCY F. ADJOURNMENT • • COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. F u .- MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 10, 1994 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Mayor Yates Colby Crotzer Ben Luna Susan Mullen Ahnawake Unger ABSENT: None STAFF: Forrest Henderson David Hunt Jon Crawford Bridgett Davis Don Funk Rudy Hernandez Dave Howell Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Public Works Director City Clerk Community Development Director Finance Director Police Chief Richard Haskett, Post Sr. Vice Commander of Post 11097, Morro Bay, led the Pledge of Allegiance. LIGHTEN UP Ed McCracken presented the "Lighten Up" for this evening. MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Yates presented a check in the amount of $468.27 to Marlene Owens of Friends of Hapitok collected at the City Employee's Christmas Party as a donation to Camp Hapitok. Mayor Yates announced the installation of Water Advisory Board Member Tish Eaton and Streets and Trees Committee Member John Samaha. Mayor Yates announced Williams Bros. is officially operating as Vons Markets. Mayor Yates announced a vote in abstention when a conflict is not present is considered a vote with the majority. Mayor Yates addressed the improved atmosphere at Council meetings. Mayor Yates addressed the "call for question" issue stating it is appropriate when an issue has been debated by all Council members and it is time to vote. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 10, 1994 PAGE 2 • Mayor Yates stated the County is considering a County -Net Community Bulletin Board. Councilmember Luna announced Cuesta College will be hosting a national issues forum on the subject of immigration on January 18th and 25th. Councilmember Mullen announced the group formed to work on the Little Theater in Morro Bay will be meeting Tuesday, January 17th at the Community Center at 7:00 p.m.. Councilmember Mullen announced the Waterfront Master Plan guides will be mailed soon. Councilmember Mullen announced she has been elected to serve as Chairperson on the County Solid Waste Management Task Force. Councilmember Unger announced that Mayor Yates received Morro Bay's "Citizen of the Year" award. PUBLIC COMMENT Mary Phillips played a Red Skeleton tape regarding the U.S. Constitution. Charles Palmer addressed Council on the inconsistency of City codes • that require private parties to make public improvements when improving their property. Warren Dorn addressed Council on Morro Bay Beautiful's support of the bond issue regarding the acquisition of properties on the coast which will be on the June 1994 ballot. He also addressed Council on Morro. Bay Beautiful's January 3, 1994 letter regarding the Cloisters subdivision; and the January 6, 1994 letter submitted by Warren Dorn and Ned Rogoway to the City Administrator regarding questions on the final draft of the Water Management Plan. Mayor Yates asked that these letters be included in the minutes as part of the record. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Luna requested the following items be agendized: ♦ Council discussion on how the City can participate in National Youth Services Day which is on April 19th; ♦ Council review of the State Water Plan Update; ♦ Council review of the feasibility of operating Dial -A -Ride on weekends; ♦ Council discussion on the process of noticing Planning Commission agendas in the Sun Bulletin. Councilmember Unger requested an item be agendized to discuss the resolution proposed by Morro Bay Beautiful in support of the bond issue regarding the acquisition of properties on the coast which will be on the June 1994 ballot. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 10, 1994 PAGE 3 • Mayor Yates requested the following items be agendized: ♦ Council discussion on the proposed County -Net Computer Community Bulletin Board; ♦ Staff update on the City Newsletter; ♦ Staff update on the basketball court; ♦ Council discussion on the City's upcoming 30th anniversary. Councilmember Mullen requested an item be agendized in February to discuss the CALPAW bond issue. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES FOR THE SPECIAL WATER MANAGEMENT PLAN WORKSHOPS OF NOVEMBER 3, 1993 AND NOVEMBER 17, 1993; AND THE SPECIAL CITY COUNCIL MEETING OF DECEMBER 15, 1993 Mr. Henderson recommended Council approve the minutes for the Special Water Management Plan Workshops of November 3, 1993 and November 17, 1993; and the Special City Council Meeting of December 15, 1993. A-2 WATER SUPPLY STATUS REPORT • Mr. Henderson recommended Council accept the report for file. A-3 STATEMENT OF CASH AND INVESTMENTS - NOVEMBER 1993 Mr. Henderson recommended Council accept the report for file. A-4 EXPENDITURE REPORT - NOVEMBER 1993 Mr. Henderson recommended Council accept the report for file. A-5 RESOLUTION NO. 96-93 ACCEPTING OFFER OF DEDICATION (630 EMBARCADERO - HARADA) Mr. Henderson recommended Council approve Resolution No. 96-93 accepting the Offer of Dedication for 630 Embarcadero. A-6 NOTIFICATION OF ISSUANCE OF EMERGENCY TREE REMOVAL PERMIT (1405 TERESA DRIVE; CDP 82-93) Mr. Henderson recommended Council accept the report for file. A-7 CLAIM REJECTION - LEAGE Mr. Henderson recommended Council reject the claim of Brad Leage. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 10, 1994 PAGE 4 • A-8 CLAIM REJECTION - VIERTHALER Mr. Henderson recommended Council reject the claim of Mable Vierthaler. A-9 APPROVAL OF FISCAL YEAR 1992/93 BEGINNING FUND BALANCES FOR MORRO BAY/CAYUCOS WASTEWATER JPA FUND Mr. Henderson recommended Council approve the Fiscal Year 1992/93 Beginning Fund Balances for Morro Bay/Cayucos Wastewater JPA Fund. Councilmember Luna pulled Item A-2; and Councilmember Crotzer pulled Item A-6 from the Consent Calendar. MOTION: Councilmember Mullen moved to approve the Consent Calendar with the exception of Items A-2 and A-6. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) A-2 WATER SUPPLY STATUS REPORT Councilmember Luna addressed the update on the State Water Project in the status report. He asked for clarification on the bids and costs of the Coastal Branch turn -out. Public Works Director Jon Crawford responded the estimates received are conservative but will support the • original bond sale. Councilmember Crotzer asked for clarification on State Water participation and the unforeseen costs. Mr. Crawford responded the City will carry its proportional share of costs. He said he anticipates the bonds that are sold will cover the costs of getting the pipeline to the City. Councilmember Unger asked who is the City splitting the proportional share with? Mr. Crawford responded the City will be splitting it with all Central Coast Water Authority participants. No action was taken on this item. A-6 NOTIFICATION OF ISSUANCE OF EMERGENCY TREE REMOVAL PERMIT (1405 TERESA DRIVE; CDP 82-93) Councilmember Crotzer stated there is a need for regulations in allowing the removal of trees. Mayor Yates asked when the Streets and Trees Committee will be addressing this issue. Mr. Crawford responded the Committee will be addressing this issue within the next 2-3 months. Mayor Yates asked that it be brought back to Council in May. No action was taken on this item. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 10, 1994 PAGE 5 • B. UNFINISHED BUSINESS B-1 STATUS REPORT ON TROLLEY PROPOSAL Councilmember Luna reviewed the status report on the trolley proposal. He said a questionnaire is being distributed to all business owners in town regarding attaching a trolley fee to the renewal of business licenses to pay for the operations and maintenance costs of a trolley. Councilmember Luna stated a proposal has been submitted by Ride -On to operate their double-decker bus in Morro Bay. No action was taken on this item. B-2 ORDINANCE NO. 434 - AMENDMENT TO MORRO BAY MUNICIPAL CODE SECTION 7.16.040 - KEEPING OF PYGMY LIVESTOCK (SECOND READING AND ADOPTION) City Administrator Forrest Henderson introduced Ordinance No. 434 for second reading and adoption. MOTION: Councilmember Unger moved to have Ordinance No. 434 read by title and number only. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mr. Henderson read Ordinance No. 434 by title and number. • MOTION: Councilmember Luna moved to adopt Ordinance No. 434. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) MOTION: Councilmember Luna moved to approve Resolution No. 106-93 adding a permit fee for pygmy animals to the Master Fee Schedule. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) C. NEW BUSINESS C-1 CONSIDERATION OF TIME EXTENSION REQUEST TO PAY SECOND INSTALLMENT PARKING IN -LIEU FEE FOR MARINA SQUARE (699 EMBARCADERO) Community Development Director Don Funk reviewed the request of Stan Trapp for a deferral of payment of the remainder of the in -lieu fees for the Marina Square project located at 699 Embarcadero. He said the fees that are now due would be delayed until July 1, 1994 if the extension is approved. Mr. Funk recommended Council approve a six-month extension of time to pay the remainder of the parking in -lieu fees. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 10, 1994 PAGE 6 • MOTION: Councilmember Luna moved Council approve a six-month extension of time to pay the remainder of parking in -lieu fees for the Marina Square project located at 699 Embarcadero. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) C-2 RESOLUTION APPROVING REQUEST FOR SUMMARY VACATION OF ALLEY ADJACENT TO CERRITO PLACE - (PULLED) No action was taken on this item. C-3 RESOLUTION NO. 02-94 ESTABLISHING THE NUMBER OF MEMBERS AND COMPOSITION OF THE MORRO BAY MUNICIPAL CODE AD -HOC COMMITTEE City Administrator Forrest Henderson reviewed the intent of the Municipal Code Ad -Hoc Committee. He said three specific concerns have arisen regarding this Committee: 1) the fact that the Committee is supposed to be comprised of seven members; 2) the members were not to serve on any other advisory committees; and 3) the specific areas of interest were seen to be limiting in scope. Mr. Henderson recommended Council approve Resolution No. 02-94 establishing the number of members and composition of the Morro Bay Municipal Code Ad -Hoc Committee. • Councilmember Unger addressed concern with dual representation on boards and conflict that might arise. Mayor Yates and Councilmember Crotzer both agreed they would like this Committee be comprised of a seven -member voting board. The consensus of Council was to amend Resolution No. 02-94 establishing a seven -member ad -hoc committee. MOTION: Mayor Yates moved Council approve Resolution No. 02-94 establishing the number of members and composition of the Morro Bay Municipal Code Ad -Hoc Committee with the amendment that the voting board consist of a seven -member board. The motion was seconded by Councilmember Unger and unanimously carried. (5-0) D. PUBLIC HEARINGS REPORTS & APPEARANCES D-1 RESOLUTION NO. 01-94 GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (ARTHUR PELINO, APPLICANT, DBA CMS TRANSPORTATION SERVICES) Police Chief Dave Howell reviewed the request of Arthur Pelino Jr. dba CMS Transportation Services for a Certificate of Public Convenience to operate a taxicab service in Morro Bay as required by Morro Bay 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 10, 1994 PAGE 7 • Municipal Code Chapter 5.24. Chief Howell recommended Council determine if the applicant meets the required criteria for the issuance of a Certificate of Public Convenience; and, if so, approve Resolution No. 01-94 granting the applicant such certificate. Councilmember Unger asked the applicant if his service was equipped to serve the handicapped. Mr. Pelino responded there are no particular accommodations for wheelchairs at this time; however, he is negotiating with Ride -On to serve the handicapped. Mayor Yates opened the hearing for public comment. Arthur Pelino, applicant, addressed Council on the service he is proposing to offer in the City of Morro Bay. Leabah winter asked if this service will include rides to Amtrak, Greyhound, and the airport? Mr. Pelino said they will transport to the airport at a flat rate. Mayor Yates closed the hearing for public comment. Mayor Yates and Councilmember Mullen both stated their support of issuing a Certificate of Public Convenience for this service. Councilmember Luna asked about insurance coverage? City Administrator • Forrest Henderson responded he is presently addressing this issue; however, Council can approve the issuance of the certificate this evening with the condition insurance requirements are met. Councilmember Crotzer asked about the logo on the taxicabs? Mr. Pelino described the proposed logo. Councilmember Unger asked the applicant if he would be promoting the Morro Bay Chamber of Commerce? Mr. Pelino responded affirmative. MOTION: Councilmember Mullen moved Council approve Resolution No. 01-94 granting a Certificate of Public Convenience with the contingency that insurance requirements are met. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) Mayor Yates called for a break at 7:25 p.m.; the meeting resumed at 7:35 p.m. D-2 DISCUSSION OF POTENTIAL FOR COMMUNITY REDEVELOPMENT AGENCY Councilmember Mullen and Community Development Director Don Funk reviewed the proposed Community Redevelopment Agency (CRA) Program. Mr. Funk introduced Mike Compton, Finance Director for the City of Paso Robles, which has implemented the CRA Program in their City. Mr. • Compton stated the program in Paso Robles has been very successful and MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 10, 1994 PAGE 8 • could be used as a model for Morro Bay if Council approves of the program. He said the program is designed to help remedy blight in a city. Mr. Compton said the Paso Robles City Council serves as the CRA Board; the Finance Director serves as the Chief Fiscal Officer; the City Administrator serves as the Executive Director; and the City Clerk serves as the Board's Secretary. He said the CRA meetings are the same evenings as the City Council meetings and are agendized as joint meetings. Mr. Compton stated to create an agency the City must create and adopt a redevelopment plan which is comprised of the term length of the RDA; the project boundaries; the goals and objectives; and, identifies the projects the City is desirous of undertaking which include a fiscal analysis, and findings of impacts. He said the City will have to negotiate and execute fiscal agreements with the existing taxing agencies within the tax rate area for the City. Mr. Compton stated tax issues include base year distribution which continues to flow to tax agencies, increase of property taxes after base year would flow to CRA, and tax rate is based on assessed value of properties. He said property taxes generated from assessed values within the "base year" continue to flow to all taxing agencies. Mr. Compton stated the actual amount of tax increment revenues received by • the CRA may be modified by the fiscal agreements between the CRA and the other various taxing public agencies which are affected by any redistribution of property tax revenues. Mr. Compton explained assessed valuation is increased in four ways: 1) inflationary growth not to exceed 2% annually; 2) new construction; 3) ownership changes; and 4) major additions and remodels. Councilmember Luna asked Mr. Compton for clarification on the funding process of redistribution of funds into the RDA. Mr. Compton responded the incremental increase will go into the RDA. He said tax revenues will turn over and improve properties. Mr. Compton stated an agency's debt must exceed the City's annual tax revenues. Councilmember Crotzer asked how the base year is selected? Mr. Compton responded the base year is usually the current year. Councilmember Crotzer asked if the RDA is bound to dedicate a portion of the proceeds to low and moderate income housing or could it be limited solely to low income housing? Mr. Compton responded he does not know of any restrictions that will allow such limitations. Councilmember Mullen asked if amendments can be made after the initial plan has been written and adopted? Mr. Compton responded the plan can be modified after the initial project area has been established and approved. Councilmember Mullen asked if the RDA can offset City costs • to assist the City and reduce the General Fund impact? Mr. Compton responded that is another advantage where City financing is concerned. .I L MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 10, 1994 PAGE 9 Mayor Yates opened the hearing for public comment. Suedene Nelson, Morro Bay Chamber of Commerce Director, stated the Chamber of Commerce would like to be involved in the process of establishing an RDA in Morro Bay. Mayor Yates closed the hearing for public comment. Councilmember Mullen stated a financing method is needed in order to find funding for various projects. She recommended Council make a motion to have the Mayor appoint an ad -hoc committee to investigate the potential of establishing an RDA in Morro Bay. Mayor Yates stated he will appoint a cross section of the community, business community, and staff to serve on this investigative ad -hoc committee. MOTION: Councilmember Unger moved Council approve the appointment of an ad -hoc committee to investigate the concept of forming a Community Redevelopment Agency in Morro Bay. The motion was seconded by Councilmember Luna and unanimously carried. (5- 0) F. ADJOURNMENT • MOTION: Councilmember Unger motion was seconded carried. (5-0) moved the meeting be adjourned. The by Councilmember Luna and unanimously The meeting adjourned at 8:36 p.m. Recorded by: Bridgett Davis City Clerk MORRO aAY SEAUTIF:R FOUNDING MEMBERS: Bud. =1ta. +ocer 'Lcliv ina .:en=naennr. 4atn."n...;ce• Rrenard carcara daynnam Thomas .ire Pam Sernard Lesiar and Doreen eira Dee.,nn ducnnr genie an, L:'.aa Caca Joal:n G..incd Lan ar'I :.IUI:O CJw ion gmcs tra Comm: ti.a" ^im3.::r.=_r JIrP, Lerr: a -,_I aec3nrneia .taroir. na :;Ioma 7Y.Gon •.yanen and r-ells won dmanrn taraarei. ='are• Gamic •a Anm He,nnen.us '_loin 3r 1 _al^.ara -,cau L:azmsi- Dms u:rnns »mca � �.terer3 Raven ano Pamela '.1evem : a" Ina Rav 'A melt 051nok Neaiv Anita and Gina Racnuo"a Dons Raid '3ia Rowland Antra ry 3anas Aran Scnraeaer Eogar and Bernice Smarr aamaim iemaielon Dean and Senna rvler Bill. Ann and Cindy Uden R" Pat ano Lorraine Wagner Hermima Ward Joan Warmouth Steve. Janet and SWORM Whitl=K Fred Will Radon anal Julia Wright AOVt3OR3 Jim Maui - AIA Ron Regan - Head of Ornamental HMiduilure at Cal Poly Vegmia Russell - Lancscaoe Designer U.H. Souza - Director of Agriculture at Morro Bev Hiqn Scnool )Hanna Rosa - County Healln Deat. Mars Bay Brauttfut A erI preflt Gq beAulBletllon towalNlvn PO, aOX 81L MORRO BAY CAUFORNIA "43 November 18, 1993 RESOLUTION BY MORRO BAY BEAUTIFUL FOUNDATION w rmr(EAS a ballot initiative, made eligible by volunteers collecting over 136,000 signatures, will be placed on the June 1994 ballot, and: WHEREAS members of Morro Bay Beautiful, and other individuals and organizations, assisted the California Coastal Conservancy in drafting and preparing said resolution, and; WHEREAS citizens from organizations in Morro Baywere instrumental in collecting a proportional share of those signatures between April and October 1993, and; WHEREAS said Conservation Bond Measure for $1.9 billion will be dispersed to various state agencies for the purpose of enhancing and protecting recreational park and scenic resources of the state, and; WHEREAS the allocation set aside for San Luis Obispo County from these bond act funds amounts to $20 million which funds will be used to protect the Mottos, acquire the Elfin Forest, and the abandoned "Carp Lake" & "Greening Farm" on Morro Bay's unsubdivided flood plain North of Morro Bay 1-1i.-h School, West of our State Scenic Coast Highway 1 and adjacent to, and South of, the residential street Azure, and; WHEREAS passage of this bond act would give financial and technical assistance to many coastal wetlands, water sheds, and riparian corridors of the state, including Morro Bay. Now therefore, be it resolved, that Morro Bav Beautiful Foundation supports said California State Neighborhood Parks, Gang Prevention, Tree Planting, Wildlife, Coastal Senior Center, Park Wetlands, Rivers, Forest, and Agricultural Land Conservation Act of 1994. We urge the City Council of Morro Bay, the County Board of Supervisors of San Luis Obispo County, and the people of the State of the State of California to support passage of said bond act. •eAV"ae0er' Sandal MORRO BAY BEAUTIFUL FOUNDING MEMBERSI Bud, Rita, Roger, Molly and Jeff Anderson Katharine Asper Richard and Barbara Baynham Thomas and Patti Bernard Lester and Doreen Bird OeaAnn Bucher morns. Nellie and Linda Cecil Joann Clampil Lam and Molly COUlaton Amos and Dorothy Cook Angelina Crider June Cunningham Larry and Pat DeGarimora Malcolm and Dorotha Deutsch %varren and Phyllis Dorn Rchard Felker in Margaret Foster Steve and Edie Gambino Gerald and Patti Hempenius Lloyd and Barbara Isbell Lila Keiser Doris Lemons Janice H. Meyms Robes and Pamela Meyer Dale and Kay Mitchell Patrick Nasty Anita and Gina Raohubka Dorn Reid Lois Rowland Amla W. Sands Ardis Schroeder Edgar and Bernice Smith Serowe Templeton Dean and Bertha Tyler Bill. Ann and Cindy Udell Ray, Pat and Lorraine Wagner Hernlinia Ward Joan Wermouth Steve, Janet and Barbara Whitlock Fred Wilt Ralph and Julia Wright ADVISORS Jim Maul • AIA Ron Regan • Head of Ornamental Horticulture al Cal Poly .Virginia Russell• Landscape Designer M.H. Souza • Director of Agriculture at Morro Bay High School Marina Rosa • County Health Debt. Munro Nag lazantitut A non profit City Aaautlfieatlrsn taundsUOn P.O. BOX 8& MORRO BAY CAUFORNIA 93443 e erat Keyoto Natalie 1763 Alrita St. San Luis Obispo Dear Mrs. Merat, December 15, 1993 CA 93401 Senator Henry Mello was in Morro Bay the third week in November again talking about the possible exchange or trading your property, that you claim interest in between the high school and Azure Street and south of Highway 1. This long established flood plain with no water has presented many problems to the city and, of course, to all the land owners for the past several years. It would seem to me that a land swap, as Sylvester Morning had suggested back when I was Mayor, would be something that you might be interested in pursuing. It would seem to me that a sale of your property in an exchange for other property, particularly in Senator Mellos phasing out Fort Ord in Monterey County would be an ideal exchange for you and those you represent. Please let me know how you can be contacted, or if you feel like it, contact Senator Mello's Office in Monterey, California. I have tried so many ways to reach you through the city, Victor Montgomery, the telephone, etc. I just hope that we can find you and help prevent the misuse of this so-called "Cloisters Property." Very sincerely, Warren M. Dorn, President PS: Please act upon this as soon as possible inasmuch as the water shortage in the City of Morro Bay has not been resolved. WMD/ng "Baykeeper" Sandal Drew Johansing • Plam Talk MORRO BAY BEAUTIFUL FOUNDING MEMBERSt Bud. Rita. Roger, Molly and Jell Anderson Katherine Asper Richard and Barbara Baynham Thomas and Faai Bemard Lester and Doreen Bird DeeAnn Bucher Morris, Nellie and Linda Cecil Joann Clampit Lani and Molly Coulsion Amos and Dorothy Cook Angeline Crider June Cunningham tarry and Pat DeGarimore Malcolm and Dorotha Deutsch ren and Phyllis Dorn a d Felker Margaret Foster Steve and Edie Gambino Gerald and Patti Hempenius Loyd and Barbara Isbell Lila Keiser Dons Lemons Janice H. Meyers Robert and Pamela Meyers Dale and Kay Mitchell Patrick Neary Anita and Gina Rachubka Doris Reid Lois Rowland Anita W. Sands Ardis Schroeder Edgar anci Bernice Smith Barbara Templeton Dean and Bertha Tyler Bill, Ann and Cindy Udell Ray. Pat and Lorraine Wagner Herminia Ward Joan Wermouth Steve. Janet and Barbara Whitlock Fred Win Ralph and Julia Wright ADVISORS Jim Maul • AIA 'on Regan • Head of Ornamental iculture at Cal Poly Virginia Russell • Landscape Designer M.M. Souza - Director of Agriculture at Mono Bay High School Manna Rosa - County Health Dept. "Baykeeper Sandal Morro ap 8rautiful A non profit City bewtlfleatlon foundaflan PA. BOX Sa MORRO BAY CALIFORNIA 93443 January 3, 1994 "OPEN LETTER TO MORRO BAY CITY COUNCIL" Dear Friends, Would you be so kind as to assist Ned Rogoway, and myself, in attempting to locate, for Senator Henry Mello, Mrs. France Merat. Mrs. Merat claims to be one of the owners of the so-called "Cloisters" subdivision which runs between Scenic Coast Highway 1 and the ocean and from Morro Bay High School north to Azure Street. When Senator Henry Mello, who used to be our own State Senator prior to reapportionment, was here being honored by Morro Bay Beautiful Foundation in November, he again expressed a desire to pursue the possibility of exchanging this "problem" property with any part of the Fort Ord property in his district in Monterey. This land swap was something that was suggested back when I was Mayor of Morro Bay and seemed, at that time, to be a very good way of protecting the financial interests of the offshore corporate owners of this property. This swap would also allow our wastewater reclamation program to go into effect. As you know the City, for a number of years, has been trying to uphold its agreement with the Coastal Commission and the public to conserve water for Morro Bay by reclaiming and reusing the wastewater that each day goes into the ocean not properly treated. This results in unfortunate pollution in our own Morro Bay. Open Letter to Morro Bay City Council January 3, 1994 Page 2 It seems to us that this exchange of properties would be good for everyone and the public's interest would be best served if this property were maintained for these public purposes. Please let Morro Bay Beautiful Foundation, as a non-profit, non -political, environmental association assist you and Senator Mello in any way possible in making this long needed, and certainly much wanted, land exchange. I have written to the attorney that the County Assessors office informs us is receiving letters and inquiries for Mrs. Merat. Inasmuch as we have been unable to contact her we would appreciate your assistance in following through on this very vital subject, therefore I request that you place this matter on your agenda for discussion at your next meeting. Sincerely, Warren M. Dom, President • WMD/ng FILE COPY January 6, 1994 Forrest Henderson, City Administrator City of Morro Bay 595 Harbor Morro Bay, CA 93442 Re: Water Management Plan, Final Draft Dear Mr. Henderson: We are writing this letter to express our concern about the obvious deficiencies we have found in the so-called Final Draft of the Water Management Plan dated October 1993 and prepared by Boyle Engineering Corporation. In September 1992, the City staff transmitted a Request for Proposal (RFP) to various qualified consultants, which RFP stated the resultant report would address the issues and areas of concern contained in the proposed Scope of Work. Both of us have served the City of Morro Bay for many years, Mr. Dorn as Mayor and Mr. Rogoway as City Planning Director, and we are familiar with contractual relationships with consultants. It is our opinion that the Final Draft Report submitted by Boyle Engineering Company does not comply with the approved Scope of Work for this project. Since the Scope of Work is made part of the contract approved by your City Council, the consultant is bound to comply with the requirements of the Scope of Work. Until the issues and matters of concern are properly addressed to the satisfaction of the Council, no further payments should be made to the consultant. The deficiencies in the report are so prominent that without these matters being properly addressed, the City is leaving itself open to a taxpayers' lawsuit. We notified the Council of our concerns during our testimony at the City's joint meeting on November 17, 1993. Of particular note, we refer to paragraphs F and G of the Scope of Work. It would appear paragraphs F1 and F2 are addressed in the Report. In our opinion, paragraph F3 is only partially addressed in the Report, and the text does not seem to be sufficiently comprehensive to comply with the intent of the instruction. Paragraph F4 has not been fulfilled. The Draft Report took great pains to justify the consultant's position that waste water reclamation was not a viable alternative. That position was primarily based upon the contention that there are "too many uncertainties" to consider reclamation as a primary 1012 Pacific, Suite 1 A San Luis Obispo. CA 93401 FAX 805.542.9949 805.546.9300 Forrest Henderson January 6, 1994 Page 2 of 2 source. However, the Scope of Work is very clear. First, a reasonable reclamation scheme must be devised (which was not done). Based upon that scheme (which would make reasonable assumptions), the consultant would prepare the cost and cost benefit, the impacts, the water benefits and a time schedule. None of this was done. It might be pointed out that the City's Coastal Plan requires this scenario to be completed in the Water Management Plan. Paragraphs F5 and F6 have been totally ignored. Here is an opportunity for the City (through the consultant's advice and significant input from the Director of Community Development) to be creative and cost effective in the area of conservation. Many conservation alternatives are available, and through the advise of a competent consultant, many measures can be taken by the City first at minimal cost. The consultant offered none. Not only should these implementation techniques be offered but the consultant should provide the cost, impacts and timing information as required by paragraph G. Until the entirety of paragraphs F and G are reported to the Council, the Draft is not complete. However, the City has gone to great expense to publish this Report, send an executive summary to all households and hold numerous meetings and hearings without having been presented with the complete picture as was required by the contract. I would suggest not only withholding further payment, but advising the consultant to complete the draft to the satisfaction of the City staff and Council before official hearings are scheduled. That may very well mean the re -publication of the final draft and starting the process over. cc: Res�pec�fully David Loomis Judy Allen Don Funk, Community Development Department Jon Crawford, Public Works Department Christine Ferrara, Boyle Engineering Co. submitted, 4 A�� M for 1964-1972 Cl