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HomeMy WebLinkAboutJuly to December0 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. SPECIAL MEETING - DECEMBER 30, 1988 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA ROLL CALL PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so by standing. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 145-88 ACCEPTING COASTAL COMMISSION CERTIFICATION WITH CONDITIONS AND ADOPTION OF MINOR MODIFICATIONS TO LANGUAGE OF LAND USE PLAN IN PLANNING AREA 2 OF THE MORRO BAY LOCAL COASTAL PROGRAM, AMENDMENT NO. 03-88 TO CONFORM TO COASTAL COMMISSION CONDITIONS (CASE NO. LUP/ZOA 02-88) CEQA DETERMINATION - EXEMPT AS FUNCTIONAL EQUIVALENT OF ENVIRONMENTAL IMPACT REPORT C. UNFINISHED BUSINESS C-1 RESOLUTION NO. 146-88 RESCINDING RESOLUTIONS NO. 143-88 AND 144-88; CASE NO. LUP/ZOA 02-88 (CLOISTERS) 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. 1 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Friday December 30, 1988 at 5:00 p.m. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, CA. Said Special Meeting shall be for the following purpose: Public Hearing and Acceptance of Coastal Commission certification with conditions and adoption of minor modifications to language of Land Use Plan of the Morro Bay Local Coastal Program, Amendment No. 03-88 to conform to Coastal Commission conditions (Case No. LUP/ZOA 02-88). DATED: December 15, 1988 City of Morro Bay, Califo a -0 MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - DECEMBER 30, 1988 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Sheetz called the meeting to order at 5:00 p.m. PRESENT: ABSENT: STAFF: PUBLIC COMMENT Rose Marie Sheetz John Baker John Lemons Jeff Odell Tom Wuriu None Judy Skousen Bill Farrel Forrest Henderson Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Attorney Community Develop. Dir. Asst. City Administrator City Clerk 1. Ed McCracken reminded Council of recent concerns re- garding noise emanating from Orval Leage's fish pumping opera- tion. He said the noise from the P.G.&E. plant far exceeds any noise from Mr. Leage's operation, and suggested the City contact P.G.&E. and let them know the plant is too loud and suggest they convert the noise up through the smoke stacks to mitigate the problem. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PUBLIC HEARING AND ADOPTION OF RESOLUTION NO, 145-88 ACCEPT- ING COASTAL COMMISSION CERTIFICATION WITH CONDITIONS AND ADOPTION OF MINOR MODIFICATIONS TO LANGUAGE OF _LAND USE PLAN IN PLANNING AREA 2 OF THE MORRO BAY LOCAL COASTAL PROGRAM. AMENDMENT NO, 03-88 TO CONFORM TO COASTAL COMMISSION CONDI- TIONS (CASE NO. LUP/ZOA 02-88) CEOA DETERMINATION - EXEMPT AS FUNCTIONAL EQUIVALENT OF ENVIRONMENTAL IMPACT REPORT Ms. Skousen stated the City recently submitted amendments to the City's Zoning Ordinance and Land Use Plan to the Coastal Commis- sion for certification. The Coastal Commission certified the amendments to the Zoning Ordinance as submitted, but made some minor modifications to the Land Use Plan submittal; the modifica- tions do not change the land use or policies adopted by the City. In order for the City's amendments to go into effect, the City must agree to the modifications adopted by the Coastal Commission and agree to issue coastal development permits in accordance with MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - DECEMBER 30, 1988 PAGE 2 the amendments. By adopting Resolution No. 145-88 Council ac- cepts the Coastal Commission's modifications. Councilmember Lemons asked if this public hearing has been prop- erly noticed? Ms. Skousen stated yes, but noted it is not a re- quirement because the modifications are minor; however, the City advertised the item as a public hearing because of the controver- sial nature of the subject. Mayor Sheetz opened the hearing to the public for comments. Victor Montgomery, President of RRM Design Group in San Luis Obispo, stated he has been retained by the owners of the property to review the amendments the City had already adopted to see if there is a workable guideline to design a project. He stated that he had previously given to Council his review of the amend- ments outlining his questions. Mayor Sheetz asked if he had been in to see the Community Devel- opment Director about his questions? Mr. Montgomery said not yet. Mayor Sheetz asked if his comments were directed to the mi- nor modifications made by the Coastal Commission or were his com- ments about the original amendments to the LUP previously adopted by Council. He indicated his comments were about both but con- tinued to discuss the original amendments to the LUP. Mayor Sheetz advised him that the purpose of this evening's meeting is to accept the Coastal Commission's certification and modifica- tions to the City's amendments; she said Mr. Montgomery's com- ments and questions regarding action taken by the Council at a previous meeting would be out of order. Mr. Montgomery said he has some serious questions which should be resolved before Coun- cil adopts the amendments and that the amendments were confusing and contained conflicts within themselves and with other elements of the General Plan. Mr. William Walter, attorney for Keyoto-Morro Bay, Inc. owners of a part of the property being discussed, handed to Council two letters (one from him and one from Mr. Montgomery) requesting they be made a part of the record. The City Clerk received the letters and marked them as part of the record. Councilmember Lemons did not believe the language adopted by the Coastal Com- mission is any more confusing than what has been discussed previ- ously. Mr. Montgomery proceeded to explain what he thought were the conflicting statements in the City's General Plan documents. Judy Skousen, City Attorney stated the comments were not within matter agendized for this meeting and therefore out of order. The only topic Council should discuss this evening is that no- ticed in the Agenda. Mayor Sheetz agreed and stated the subject Mr. Walter wishes to discuss should perhaps be scheduled for a special meeting. MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - DECEMBER 30, 1988 PAGE 3 Mr. Walter reviewed his letter in detail and maintained the modi- fications made by the Coastal Commission are not minor. He said the City Attorney represented at the Coastal Commission meeting that his client has not negotiated in good faith; they believe they have made a good faith effort and spent a considerable amount of money coming up with alternatives. He said Engineer Ben Madallena disagrees with the City Attorney's comments at the Coastal Commission meeting regarding the developer's viewshed analysis and the need for an amendment to the grading plan. Mayor Sheetz closed the hearing to the public. Councilmember Lemons stated he was at the Coastal Commission meeting; there is disagreement regarding the Flood Plain area, but no misrepresentations were made by the City. Mr. Farrel stated the view analysis and fill requirements have been dis- cussed at Subdivision Review Board meetings with the developer. Ms. Skousen responded to Mr. Walter's letter stating that Mr. Walter requested the Coastal Commission continue the hearing as there was a settlement conference scheduled. She told the Com- mission this was not true, although numerous settlement confer- ences have been held in the past with no result. She did not be- lieve waiting for another one would resolve the issues that have been pending for some time. She has encouraged the Coastal Com- mission to act on the matter, and said their action would not preclude settlement conferences in the future. She stated the Coastal Commission's attorney, Judy Allen, made a determination the modifications suggested by Coastal Commission staff are minor and do not require a public hearing by the City. Mr. Farrel stated he is confident the issues brought up by Mr. Walter this evening have been raised before, considered by Coun- cil and Staff and they are without merit. He noted neither Mr. Walter nor any of the planners hired by the developer have been to see him with questions regarding the amendments. He encour- aged Council to proceed with the amendments. MOTION: Councilmember Lemons moved for adoption of Resolution No. 145-88. The motion was seconded by Councilmember Wuriu. Councilmember Odell stated he intends to abstain as he has done previously; Councilmember Lemons noted an abstention without a conflict of interest is recorded as a yes vote. The motion carried with Councilmember Odell abstaining. (4-0-1) MINUTES - MORRO BA• ITY COUNCIL • SPECIAL MEETING - DECEMBER 30, 1988 PAGE 4 C-1 RESOLUTION NO. 146-88 RESCINDING RESOLUTIONS NO. 143-88 AND 144-88; CASE NO. LUP/ZOA 02-88 (CLOISTERS) MOTION: Councilmember Lemons moved for approval of Resolution No. 146-88. The motion was seconded by Councilmember Baker and unanimously carried. (5-0) F. Mayor Sheetz stated Council is adjourning to Closed Session to discuss pending litigation in accordance with Government Code Section 54956.8; Kevoto-Natalie vs. City of Morro Bay. MOTION: Councilmember Odell moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmem- ber Baker and unanimously carried. (5-0) The meeting adjourned to Closed session at 5:40 p.m. and returned to regular session at 6:04 p.m. MOTION: Councilmember Lemons moved the meeting be adjourned. The motion was seconded by Councilmember Baker and unanimously carried. (5-0) The meeting adjourned at 6:04 p.m. Recorded by: ze��e4�141" ARDITH DAVIS City Clerk 0 0 «-ag- Y? 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. ADJOURNED REGULAR MEETING - DECEMBER 28, 1988 CITY HALL CONFERENCE ROOM - 6:00 P.M. 595 HARBOR ST., MORRO BAY, CA ROLL CALL PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so by standing. 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. D. NEW BUSINESS D-1 INTERVIEW APPLICANTS FOR VARIOUS CITY ADVISORY BOARDS D-2 CONSIDERATION OF COUNCIL APPOINTMENTS TO INTER -AGENCY BOARDS, REGIONAL COMMISSIONS, AND CERTAIN CITY COMMITTEES 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. 1 MINUTES - MORRO BAY CITY COUNCIL ADJOURNED REGULAR MEETING - DECEMBER 28, 1988 CITY HALL CONFERENCE ROOM - 6:00 P.M. Mayor Sheetz called the meeting to order at 6:00 p.m. si%3_9§W.W PRESENT: Rose Marie John Baker John Lemons Jeff Odell Tom Wuriu ABSENT: None STAFF: Gary Napper None D. NEW Planning Commission Mayor Councilmember Councilmember Councilmember Councilmember City Administrator/ Deputy City Clerk Mr. Napper noted there are two vacancies on the Planning Commis- sion; one created by the resignation of Jack Harper which expires December 31, 1989, and the other for a full 4-year term to re- place outgoing Commissioner Charles Reasor. Councilmembers in- terviewed the following applicants for the Planning Commission vacancies: Mark Allen Charles Clarke Gary Gillman Kim Baez John Malmquist Howard Smith Ross Boyd Ernest Maltby William Price Council discussed the various candidates. MOTION: Councilmember Baker moved Council appoint Ross Boyd and Mark Allen to the vacancies on the Planning Commission. The motion was seconded by Mayor Sheetz and unanimously carried. (5-0) Mr. Napper noted Council should determine how the terms for each appointee should be selected; there is a 1-year term and a 4-year term. Council determined by consensus the candidates' terms should be drawn by lot at the first Planning Commission meeting. MINUTES - MORRO BAY CITY COUNCIL ADJOURNED REGULAR MEETING - DECEMBER 28, 1988 PAGE 2 Mr. Napper noted there are 3 vacancies on this Board represent- ing: Member -at -Large, Morro Bay Commercial Fishermen's Associa- tion, and Waterfront Leaseholders Association. Council inter- viewed the following applicants: Paul Cueni Jack Curry Dean Tyler Conrad Weingold MOTION: Councilmember Wuriu moved Council appoint Paul Cueni to the Commercial Fishermen's Association category, Dean Tyler to the Waterfront Leaseholders Association cate- gory, and Jack Curry as Member -at -Large. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) Council interviewed the following applicants for Recreation and Parks Commission: Ruth Chapman Joan Silva Nellie Cecil Renee Cain Sandra Young Geoffrey Moreland Bancroft Rohan Gary Gillman (interviewed during Planning Commission portion) It was noted Council had received three late applications for Recreation and Parks Commission as well as one for the Refuse Franchise Board. MOTION: Councilmember Lemons moved Council accept the late ap- plications for consideration of appointment to the Recreation and Parks Commission. The motion was sec- onded by Councilmember Baker. Council discussed the motion. Councilmember Lemons withdrew his motion, and Coun- cilmember Baker his second. MOTION: Councilmember Odell moved Council defer decision on the late applications until all candidates have been inter- viewed. The motion was seconded by Councilmember Wuriu and unanimously carried. (5-0) Council then deferred selection of the Recreation and Parks Com- mission until the end of all interviews. MINUTES - MORRO BAY CITY COUNCIL ADJOURNED REGULAR MEETING - DECEMBER 28, 1988 PAGE 3 Mr. Napper stated there are three vacancies on this Board for three-year terms each. Council interviewed the following: Cecil Carey Ann Freeman Joseph Karp Sr. Steven Paige Bill Mazzacane has reapplied for a position on the Board, but is out of town and unable to attend this evening. MOTION: Mayor Sheetz moved Cecil Carey, Steven Paige, and William Mazzacane be appointed to the vacancies on the Water Advisory Board. The motion was seconded by Coun- cilmember Wuriu and unanimously carried. (5-0) Refuse Collection Franchise Board Mr. Napper stated there are three vacancies for four-year terms on this Board. Councilmember interviewed Sandra Santini who has reapplied for a position on the Refuse Board. MOTION: Mayor Sheetz moved Council appoint Sandra Santini to the Refuse Collection Franchise Board. The motion was seconded by Councilmember Wuriu and unanimously carried. (5-0) MOTION: Councilmember Lemons moved Council accept the late ap- plication of Willis Mann to the Refuse Franchise Board, and appoint Willis Mann to the Refuse Franchise Board. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) Council continued discussion regarding the three late applica- tions for Recreation and Parks Commission. MOTION: Councilmember Wuriu moved Council accept the three late applications (Richard Blake; Linda Donnelly; Cheryl Halterman) for the Recreation and Parks Commission for consideration, but stipulate no Council interview of these candidates will take place and Council will make a decision regarding this Commission's vacancies tonight. The motion was seconded by Mayor Sheetz and unanimously carried. (5-0) Mr. Napper stated there are four vacancies; two Commissioners -at - Large, one Commissioner in the Senior category, and one Commis- sioner in the Youth category. He indicated he is also informed Commissioner Bert Griffin has announced verbally his resignation which will be followed by a written confirmation. Mr. Napper suggested Council may wish to consider a contingency appointment MINUTES - MORRO BAY CITY COUNCIL ADJOURNED REGULAR MEETING - DECEMBER 28, 1988 PAGE 4 to this commission in the event Mr. Griffin's resignation does occur. MOTION: Councilmember Odell moved Council appoint Geoffrey Moreland and Cheryl Halterman to the Member -at -Large vacancies, Bancroft "B" Rohan to the Senior vacancy, and Renee Cain to the Youth vacancy. The motion was seconded by Councilmember Baker and unanimously carried. (5-0) MOTION: Councilmember Odell moved Council designate Sandra Young as the contingency appointment to replace Bert Griffin upon his pending resignation from the Recre- ation and Parks Commission. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) Council recognized a vacancy still remains on the Refuse Fran- chise Board and several candidates interviewed this evening had indicated they might be interested in serving on other advisory boards. MOTION: Councilmember Lemons moved Council appoint Ruth Chapman to the Refuse Franchise Board if she is willing to ac- cept that appointment, and for staff to contact her ac- cordingly. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) D-2 CONSIDERATION OF COUNCIL APPOINTMENTS TO INTER -AGENCY BOARDS, REGIONAL COMMISSIONS. AND CERTAIN CITY COMMITTEES Council reviewed the list of inter -agency appointments, and con- sidered the necessity of retaining some of the City committees that are no longer functioning. MOTION: Councilmember Lemons moved Council disband the: 1) Blue Ribbon Citizens' Advisory Committee for the VRM and Adjoining Properties Plan of Study; 2) Community Center Citizens' Advisory Committee; 3) Local Arts Grant Review Committee; and 4) Senior Housing Committee, all with a vote of thanks and appreciation for jobs well done. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) MOTION: Councilmember Lemons moved Council appoint John Osinga to the Fire Services Funding Steering Committee to re- place Councilmember John Baker. The motion was sec- onded by Councilmember Baker and unanimously carried. (5-0) MOTION: Councilmember Odell moved Council remove Councilmember Baker from the Downtown Sidewalk Sales Committee, and staff advertise the vacancy and contact the remaining committee members for potential applicants. The motion 0 4 MINUTES - MORRO BAY CITY COUNCIL ADJOURNED REGULAR MEETING - DECEMBER 28, 1988 PAGE 5 was seconded by Councilmember Lemons and unanimously carried. (5-0) Councilmember Odell commented that when the City's Request for Proposal (RFP) for local transit operations is completed, the members of the Transportation Committee indicated their purpose will have been fulfilled and this Committee can also be dis- banded. Mr. Napper indicated he will keep this intent in mind and bring the item back with consideration of the Transit RFP. To the Council Subcommittee on Employee Grievances, Council ap- pointed Councilmember Baker and Councilmember Lemons. Mayor Sheetz was appointed to serve as the Alternate Delegate on the San Luis Obispo Area Coordinating Council. CMC Citizens' Advisory Committee: MOTION: Mayor Sheetz moved Council appoint Robert Bonds as Morro Bay's representative pending his acceptance of this appointment. The motion was seconded by Coun- cilmember Wuriu and unanimously carried. (5-0) Mayor Sheetz noted she received recent communication from the Economic Opportunity Commission (EOC) of San Luis Obispo County for a Morro Bay representative to the EOC Board. Council dis- cussed this request and the fact the City has served on the Board for the past 2 'h years and that representation is for the entire North Coast Area which includes representatives from the Cambria Community Services District or the San Simeon Community Services District. MOTION: Councilmember Odell moved Council decline representa- tion on the EOC Board during this rotation. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) F. ADJOURNMENT MOTION: Councilmember Baker moved the meeting be adjourned. The motion was seconded by Councilmember Wuriu and unanimously carried. (5-0) The meeting adjourned at 9:40 p.m. Recorded GARY NAPPER V Deputy City Cl 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 - DECEMBER 12, 1988 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so by standing. 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. DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the fol- lowing actions are approved without discussion. A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF NOVEMBER 28, 1988 A-2 RESOLUTION NO. 141-88 AUTHORIZING MONTH -TO -MONTH OPERATING AGREEMENT FOR DIAL -A -RIDE SYSTEM WITH LAIDLAW TRANSIT, INC. A-3 ACCEPTANCE OF QUIT -CLAIMED PROPERTIES ON PINEY WAY AND PINEY LANE FROM COUNTY OF SAN LUIS OBISPO (PULLED) A-4 CANCELLATION OF 27 DECEMBER 1988 REGULAR CITY COUNCIL MEETING B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 ORDINANCE NO. 340 REQUIRING MANDATORY INSTALLATION OF RESIDENTIAL AND COMMERCIAL FIRE SPRINKLER SYSTEMS (INTRODUCTION/FIRST READING) B-2 CONTINUED PUBLIC HEARING FOR AMENDMENTS TO LOCAL COASTAL PROGRAM, PLANNING AREA 5 (CASE NO. LUP/ZOA 02-88; P.G.&E., DEN=DULK, AND CITY PROPERTIES), AND INTRODUCTION/FIRST READING OF ZONING ORDINANCE AMEND- MENT CONTINUE PUBLIC HEARING TO 23 JANUARY 1989 B-3 RESOLUTION NO. 142-88 RATIFYING COMMUNITY CENTER AND CITY FACILITIES USE RULES AS ADOPTED BY RECREATION AND PARKS COMMISSION 1 171 B-4 CONSIDERATION OF WATER OPERATING PROGRAM C. UNFINISHED BUSINESS FOR 1989 WATER ALLOCATION C-1 RESOLUTION NO. 143-88 ACCEPTING AND AUTHORIZING COASTAL COMMISSION'S STAFF RECOMMENDATION FOR MINOR MODIFICATION TO LANGUAGE OF LAND USE PLAN AMENDMENT NO. 03-88 (CASE NO. LUP/ZOA 02-88; "CLOISTERS" AND SURROUNDING PROPERTIES) D. NEW BUSINESS D-1 AUTHORIZATION FOR ACQUISITION AND INSTALLATION OF ELECTRONIC COUNCIL VOTING DEVICE AND ACCESSORIES D-2 AUTHORIZATION TO PURCHASE ADDITIONAL MEMORY FOR CITY HALL MAINFRAME COMPUTER D-3 CONSIDERATION OF REFORMATTING CITY COUNCIL AGENDA D-4 STREET ADVISORY COMMITTEE RECOMMENDATION FOR IMPOSITION OF A MAXIMUM GROSS VEHICLE WEIGHT LIMIT (5 TONS) ON IRONWOOD AVENUE BETWEEN AVALON AVENUE AND HIGHWAY 41 E. CLOSED SESSION E-1 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION, KEYOTO-NATALIE VS. CITY OF MORRO BAY F. ADJOURN TO WEDNESDAY, 28 DECEMBER 1988, TO INTERVIEW APPLICANTS FOR CITY BOARDS AND COMMISSIONS, CITY HALL CONFERENCE ROOM, 595 HARBOR STREET, MORRO BAY, 6 PM. 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. E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1988 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Sheetz called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Rose Marie John Baker John Lemons Jeff Odell Tom Wuriu Sheetz Mayor Councilmember Councilmember Councilmember Councilmember ABSENT: None STAFF: Gary Napper Judy Skousen Louise Burt Bill Farrel Forrest Henderson Nick Nichols Steve Wolter Bernie Zerr Ardith Davis Horace Strong gave the Invocation, Allegiance. PUBLIC COMMENT City Administrator City Attorney Finance Director Community Develop. Dir. Asst. City Admin. Public Works Dir. Recreation & Parks Dir. Fire Chief City Clerk and led the Pledge of 1. Charles Palmer, 485 Estero, reminded Council of the City's plans to build a stream diversion project and a dam for water. He urged them to start a plan to collect the funds now for this project, and also raise revenues to rebuild the sewer treatment plant. 2. Bill Walter, attorney for owners of the Cloisters prop- erty, requested he be allowed to speak on Item C-1; Mayor Sheetz said he would be allowed to do so. DECLARATION OF FUTURE AGENDA ITEMS 1. Councilmember Odell requested an item be scheduled to consider an Alternate Delegate to the Area Coordinating Council. 2. Councilmember Odell requested an item be scheduled to consider re -wording the Land Use Plan, Chapter 5. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1988 PAGE 2 3. Councilmember Odell requested an consider rezoning all or portions of the designation compatible with the surrounding item be scheduled to Caratan property to a area. 4. Councilmember Odell requested an item be scheduled to consider rezoning the Chevron property in North Morro Bay west of Highway 1. Councilmember Lemons asked if it is necessary to schedule an agenda item for selection of an Alternate Delegate to the Area Coordinating Council? Mr. Napper stated he would schedule the item to coincide with Council's interview of applicants for advi- sory boards on December 28th. He noted various other governmen- tal appointments of Councilmembers will also be scheduled for consideration at that time. A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF NOVEMBER 28 1988 Mr. Napper recommended Council approve the minutes as submitted. A-2 RESOLUTION NO 141 88 AUTHORIZING MONTH -TO -MONTH OPERATING AGREEMENT FOR DIAL -A -RIDE SYSTEM WITH LAIDLAW TRANSIT INC Mr. Napper recommended Council adopt Resolution No. 141-88. A-3 ACCEPTANCE OF OUIT-CLAIMED PROPERTIES ON PINEY WAY AND PINEY LANE FROM COUNTY OF SAN LUIS OBISPO (PULLED) None; item pulled from Agenda. c Mr. Napper recommended Council cancel its regularly -scheduled meeting of 27 December 1988. Mayor Sheetz noted Councilmembers Baker and Wuriu should probably abstain from approval of the minutes since they were not on the Council for the meeting of November 28th. MOTION: Councilmember Odell moved for approval of the Consent Calendar with the exception of Item A-1. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) MOTION: Councilmember Odell moved for the approval of Item A-1. The motion was seconded by Councilmember Lemons and carried with Councilmembers Baker and Wuriu abstaining. (3-0-2) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1988 PAGE 3 B. PUBLIC HEARINGS, REPORTS & APEAARANCES B-1 ORDINANCE NO. 339 REQUIRING MANDATORY INSTALLATION OF RESI- DENTIAL AND COMMERCIAL FIRE SPRINKLER SYSTEMS (INTRODUCTION[ FIRST READING) Councilmember Odell stepped down from consideration of this item due to a possible conflict of interest. Chief Zerr stated Council requested staff develop an ordinance to require fire sprinkler systems in new residential and commercial construction. He said research reveals requirements for fire sprinklers in other cities have not inhibited building. It is estimated a sprinkler system for a single family home will cost between 90C and $1.00 per square foot, or $1,242 for a 2,335 sq.ft. house plus $315 for a one -inch water meter. He suggested if Council wishes to adopt the Ordinance, they set the effective date for April 1, 1989, to avoid impact on those developments currently in process. Chief Zerr cited the advantages to adopting the Ordinance includ- ing saving water, savings on fire insurance premiums, and most importantly, saving lives. Councilmember Lemons asked why the People's Self -Help Housing (PSHH) project is estimated at $2.75 per square foot for fire sprinklers? Chief Zerr stated PSHH contacted the Housing and Urban Development office in Los Angeles for their costs; Los Angeles costs are higher than Morro Bay's because they are based on high-rise residential developments. Councilmember Wuriu commented it will be a number of years before any significant number of homes have fire sprinklers based on the City's minimum building program. Chief Zerr agreed, but stated the City would be further behind if the program is implemented at a later date. Mayor Sheetz opened the hearing to the public for comments. Ken Dully, 473 Rennel, said fire sprinklers will add $1,000 to $1,500 on top of the cost of a home; with the building standards and fire protection materials available, he believed a fire sprinkler ordinance is not really necessary. Mayor Sheetz noted when she originally suggested this ordinance, it was originally only for hillside homes which are hard to reach by firefighters; after consideration, Council decided to extend the ordinance to all new construction. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1988 PAGE 4 Charles Palmer, 485 Estero, stated the water lines in the City are not adequate to protect homes; the water line replacement program should have been completed in 1987, and he urged Council to require the pipeline replacement program to go forward to ensure adequate water pressure to fight fires. Councilmember Baker said 6,000 people die annually in the United States from fires. He said the cost to install fire sprinklers is nominal compared to the small fortune to add fire personnel; he believed fire sprinklers will ease the burden on the Fire Department and prevent deaths. MOTION: Councilmember Baker moved Ordinance No. 339 be read by title and number only. The motion was seconded by Councilmember Lemons and carried on the following roll call vote: AYES: Baker, Lemons, Wuriu, Sheetz NOES: None ABSTAIN: Odell Mr. Napper read Ordinance No. 339 by title and number only. MOTION: Councilmember Lemons moved for approval of the first reading of Ordinance No. 339. The motion was seconded by Councilmember Baker and carried with Councilmember Odell abstaining. (4-0-1) Councilmember Odell resumed his seat on the Council. Mr. Napper explained the necessity for the Planning Commission to consider the Harbor Advisory Board's recommendation to add Com- mercial/Recreation Fishing ("CF") uses on City -owned lands west- erly of the P.G.&E. property. The Planning Commission is sched- uled to review this item at their first meeting in January; Mr. Napper recommended Council continue the hearing on this matter to their January 23rd meeting. Mayor Sheetz opened the hearing to the public for comments; there were no comments. MOTION: Councilmember Lemons moved the hearing be continued to January 23, 1989. The motion was seconded by Coun- cilmember Odell and unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1988 PAGE 5 B-3 RESOLUTION NO. 142-88 RATIFYING COMMUNITY CENTER AND CITY FACILITIES USE RULES AS ADOPTED BY RECREATION AND PARKS COMMISSION Mr. Napper explained the Recreation and Parks Director is in- volved in an interview process which has not been concluded. He recommended Council go on to the next item, and come back to this one when Mr. Wolter arrives later tonight. ADOPTION OF OPERATING •• FOR 1989 WATER ALLOCATION PROGRAM Mayor Sheetz commented this item is to consider operation of the program only; Council will not be deciding at this time whether or not to allocate water in 1989. Mr. Farrel stated the Municipal Code requires the Planning De- partment to develop operating procedures each year for the City's water equivalency program for Council's review. The staff report reviews the problems encountered with last year's program, and makes suggestions and requests Council guidance for 1989. The Annual Water Report will be presented to Council in January. The questions staff is seeking guidance on are: 1) does Council prefer a lottery system similar to last year's, or a first -come, first -served system; 2) should a multi -year waiting list be es- tablished; 3) should the requirement to be placed in the lottery be a recorded deed to the property or some other method, as well as last year's requirement to have completed applications; 4) disposition of the remaining people in the lottery from last year (48), they are requesting Council grant them priority placement in 1989. Mr. Farrel reviewed each of the situations and the cor- responding staff recommendations. Councilmember Baker asked if the City set a precedent regarding the waiting list when they approved priority status to the 10 residential applications last year? Mr. Farrel said no, those people had special circumstances; the City made it very clear to the 1988 waiting list they would only be considered in numerical order if someone dropped out; there were absolutely no guarantees of priority status or water allocation. Councilmember Wuriu asked if those who participated in the 1988 lottery and were unsuccessful did not deserve priority considera- tion? Mr. Farrel said he knows those applicants think so, how- ever, staff is concerned about people who did not participate in last year's lottery knowing a waiting list would not be estab- lished and they could apply in 1989. Councilmember Wuriu asked if a one -owner, one -permit policy would affect the construction industry in Morro Bay? Mr. Farrel said MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1988 PAGE 6 he did not know, however, staff intent lot more demand than permits to go available water as evenly as possible. is to recognize there is a around, and to spread the Councilmember Odell recalled the reason the Council in -office at that time provided there are no guarantees on a waiting list is they could not bind a future Council in that manner. Mayor Sheetz opened the hearing to the public for comments. Dick Haidet, 2861 Juniper, spoke in opposition to a lottery; peo- ple who have recently -acquired property in Morro Bay should not have the opportunity, by chance, to build before others who have waited a long time. John Heimel, 2829 Cedar, remembered the previous Council wanted to carry the list forward to 1989, but were cautioned by staff not to bind a future Council. He spoke in favor of priority sta- tus for the 48 applications from last year. Dick Fisher, 155 Tahiti, said in order to build in Morro Bay, he needs some kind of assurance; an on -going list should be kept so an individual knows when he can build. A lottery each year al- lows people who do not live and work in Morro Bay to secure a permit. He believed a waiting list is far superior to a lottery even if it means he has to wait seven years for a permit. Ken Dully 473 Rennel, suggested the waiting list of 48 may not be totally valid; some property sales were contingent on getting a permit last year and escrows may have fallen through for failure to make last year's permit list. Charles Palmer, 485 Estero, said Council should be considering water sources which are getting less and less. He recommended against a waiting list for more than two years because Council may be making a commitment and be unable to keep it. Mayor Sheetz closed the hearing to the public. Councilmember Lemons stated the list is not a commitment to fur- nish water; it establishes a procedure for awarding water equiva- lencies should Council determine issuing of building permits can continue. Councilmember Wuriu questioned how the City would handle people who were on the list last year, but the property has changed hands. Councilmember Lemons suggested a date be set by when es- crow on the property must have been closed or the deed obtained. Councilmember Lemons offered an alternative suggestion: all buildable lots in Morro Bay (which he estimated to be 250) be MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1988 PAGE 7 submitted for a lottery and places in line established by lot. It would have the advantage of an individual lot owner knowing when he can build; he believed it did not matter who owns a lot to build, housing demands are still being met when a house is built. Councilmember Odell believed the 48 people from last year should be first in line provided they have deed to the property, and was in favor of a waiting list longer than one year. MOTION: Councilmember Odell moved Council establish a waiting list and the 48 remaining applicants from last year be given priority on the list. The motion was seconded by Councilmember Baker. Councilmember Lemons offered an amendment to the motion that the list of 48 people will not include anyone who did not own their lot as of May 1, 1988. The amendment was seconded by Councilmember Baker. Mr. Napper and Mr. Farrel suggested holding a one-time lottery to establish a three or four year waiting list and then allow people to sign up on a first -come, first served basis. Councilmember Baker stated he was not in favor of a lottery sys- tem; he had received numerous complaints about it when campaign- ing. Councilmember Lemons stated it was the way to deal with the initial line that began to form on a first -come -first -served basis, which created so many problems last year. There was further discussion with clarification requested by staff. Council decided a motion is not necessary; direction to prepare a resolution for the first meeting in January is sufficient. Councilmember Odell withdrew his motion, and Coun- cilmember Baker his second. Councilmember Lemons withdrew his amendment to the motion, and Councilmember Baker his second. Staff was directed to prepare a resolution to allow priority to the list of 48 applicants from 1988; the name of the applicant and the name of the deed to the property must be the same, and all deeds must have been recorded by June 1, 1988 to maintain el- igibility on the priority waiting list. If property has changed hands, their priority in line is lost. One final lottery will be held to establish a list for future permits. After this final lottery, applicants will be added to the waiting list on a first - come -first served basis, provided the same person(s) holds title to the deed to the property when awarded a permit. Staff is to MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1988 PAGE 8 research the advantages and disadvantages of an alternative method of awarding permits by holding a lottery on all vacant lots in Morro Bay to establish a list; this means a lot holds a place in line rather than the owner. Council recessed from 7:55 p.m. to 8:06 p.m. Mayor Sheetz congratulated the Recreation and Parks Department on the Hospice Tree Lighting Ceremony and the Lighted Boat Parade. Councilmember Baker added that Mayor Sheetz did a superb job as Master of Ceremonies. B-3 RESOLUTION NO, 142-88 RATIFYING COMMUNITY CENTER AND CITY FACILITIES USE RULES AS ADOPTED BY RECREATION AND PARKS COMMISSION Steve Wolter reviewed the facility use rules proposed for the Community Center and other City facilities. He said their object was to keep the costs reasonable, while also recovering City costs. The major changes are to allow the City to hire security guards for certain events and charge the user for the service; City staff will perform all table/chair/equipment set-up and take -down in the Community Center and charge the user to recover costs; and provide for charges for use of certain City equipment (e.g., piano) to recover costs of repair and replacement. Council asked several questions to which Mr. Wolter responded. Councilmember Lemons questioned the various insurance require- ments. Mr. Napper explained the Joint Powers Authority the City belongs to recommends the City transfer risk when the capability is there; the requirement will depend on the type of use. Coun- cilmember Lemons was not in favor of the City gaining a percent- age of the gross receipts from charitable and non-profit organi- zations, nor did he approve of the City having "exclusive rights to all food and drink concessions" (Section 0752.5). Mayor Sheetz opened the hearing to the public for comments; there were no comments and the hearing was closed. Council agreed to eliminate the 10% of the gross receipts requirement from non-profit or charitable organizations, and directed staff to clarify Section 0752.5(A) regarding City exclu- sive rights to all food and drink concessions. MOTION: Councilmember Wuriu moved for approval of Resolution No. 142-88 as amended. The motion was seconded by Councilmember Baker and unanimously carried. (5-0) 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1988 PAGE 9 C. UNFINISHED BUSINES C-1 RESOLUTION NO. 143-88 ACCEPTING AND AUTHORIZING COASTAL COMMISSION STAFF RECOMMENDATION FOR MINOR MODIFICATIONS TO LANGUAGE OF LAND USE PLAN AMENDMENT NO. 03-88 (CASE NO. LUP/ZOA 02-88; "CLOISTERS" AND SURROUNDING PROPERTIES) Ms. Skousen stated on Wednesday, December 14th, the City is scheduled before the Coastal Commission asking them to certify our Land Use Amendment and Zoning Ordinance Amendment. The Coastal Commission staff has reviewed the City's amendments and suggested minor modifications which do not change the City's intended land use. She believed it would advantageous for the City to appear before the Coastal Commission hearing prepared to accept the staff recommendations so the Commission can certify the amendment the same day. Ms. Skousen prepared an amendment to the Resolution provided to Council in their agenda packet; it basically divides the original Resolution into two separate Resolutions: one (Resolution No. 143-88) accepts and authorizes Coastal Commission staff recommen- dations for minor modifications to the language, and one (Resolution No. 144-88) accepts the certification by the Coastal Commission. Ms. Skousen also reviewed the modifications sug- gested by the Coastal Commission staff and stated the items have already been discussed and no further public hearings before Council are necessary. Bill Walter, attorney for owners of the Cloisters property, stated he has not been given the opportunity to review the Reso- lutions the City Attorney presented to Council this evening. He said the Coastal Commission administrative regulations require every time Council takes action on the Local Coastal Plan docu- ments, it has to give ten days published noticed; this has not been done. The City Attorney says the changes are minor modifi- cations, however, he does not agree. He believes this item is being "railroaded" through the system and is not fair to the property owner. He requested his letter of December 12, 1988 and materials be made part of the record. Ms. Skousen stated she has analyzed the modifications suggested by the Coastal Commission staff and reached the conclusion they are very minor and do not change the land use. The Coastal Com- mission attorney agrees with this determination. MOTION: Councilmember Lemons moved for approval of Resolution No. 143-88 as revised, and Resolution No. 144-88. The motion was seconded by Councilmember Wuriu and carried with Councilmember Odell abstaining. (4-0-1) Councilmember Odell stated he did not want his abstention to be construed as support for the developer; he is not in favor of the 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1988 PAGE 10 policy suggested by the Coastal Commission staff to allow resi- dential development of the southern portion of the property five years after development of the northern end. He said at this point he is washing his hands of this matter. Councilmember Lemons noted an abstention where no conflict exists is recorded as a yes vote; Ms. Skousen agreed. D. NEW BUSINESS D-1 AUTHORIZATION FOR ACQUISITION AND INSTALLATION OF ELECTRONIC COUNCIL VOTING DEVICE AND ACCESSORIES Steve Wolter stated Council had recently instructed staff to in- vestigate the purchase of an electronic voting system. He re- viewed the system which is designed to record all Councilmembers' votes before public display of the vote is known. Cost for the system is $3,395. Also available for an extra cost of $590 is a speaker time limit light which is similar to a traffic signal; a green light is on while a citizen is speaking, a yellow light ap- pears when approximately 30 seconds of the set time limit is left, and a red light flashes when the citizen has exhausted their speaking time limit. Mr. Wolter also reviewed acquisition of a a dual taping machine to update the City's taping of meetings. He noted the City Administrator recommends Council authorize purchase of the elec- tronic voting system and a public speaker timelimit system by appropriating $4,200 from FY 88-89 General Fund Contingencies; Mr. Napper will examine the purchase of the dual taping system with Administration departmental savings and this item will not have to be purchased out of contingencies. Councilmember Baker asked if the item should be advertised for bid? Mr. Wolter stated the items were limited in source, and a single source vendor has been contacted regarding the purchase. Mr. Napper also stated the Codes allows purchases under $5,000 without a public bid procedure. MOTION: Councilmember Lemons moved for approval of the purchase of an electronic voting system for five and a public speaker timelimit system as proposed by staff by appro- priating $4,200 from FY 88-89 General Fund Contingen- cies for its acquisition and installation. The motion was seconded by Councilmember Wuriu and carried with Councilmember Odell voting no. (4-1) D-2 AUTHORIZATION TO PURCHASE ADDITIONAL MEMORY FOR CITY HALL MAIN-FRAME COMPUTER Louise Burt stated the current computer in the Finance Depart- ment, which was purchased in 1983, has reached the limit of its 0 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1988 PAGE 11 information storage capacity. She reviewed the memory saving items the Finance Department is involved in, chief of which is utility billing which provides invaluable historical data on the City's water and sewer usage. She explained the difficulty in retrieving information without additional memory, and the waiting time for users because of the limited memory in which to operate. She requested Council approve the expenditure for extra memory in the amount of $25,000. Councilmember Baker asked if it is necessary to purchase the mem- ory from the same vendor the City purchased the computer? Ms. Burt stated it has to be the same type of equipment, and IBM, the company the City purchased the computer from, gives government discounts. Councilmember Lemons asked how long the additional memory will last? Ms. Burt stated approximately 3 years; it gives the City four times the operating memory it currently has. Councilmember Wuriu asked why money is being used from the Water Fund? Ms. Burt stated utility billing takes the major share of space and receives the most benefit, so it seems reasonable some funds should come from this source. MOTION: Councilmember Lemons moved for approval of the purchase of additional mainframe computer memory as outlined by staff, and authorized the FY 88-89 allocations of $10,000 from General Fund Contingencies, $5,000 form Water Fund Contingencies, $5,000 from Sewer Fund Con- tingencies, and $5,000 from Finance Department Savings. The motion was seconded by Councilmember Baker and unanimously carried. (5-0) D-3 CONSIDERATION OF REFORMATTING CITY COUNCIL AGENDA Mayor Sheetz requested this item be agendized for discussion. She said if Unfinished and New Business items were scheduled prior to public hearings, staff members would not have to sit through three or four hours of public hearings to give an eight minute report. She would like Unfinished and New Business to be scheduled before Public Hearings, with Public Hearings beginning at 7:00 p.m.; if Unfinished and New Business are not completed by that time, the items can be taken up at the conclusion of Public Hearings. There was discussion regarding the alternatives; Council decided Unfinished and New Business will be scheduled ahead of Public Hearings with Public Hearings to start at approximately 7:00 p.m. by Council policy. Mr. Napper stated he would prepare an enact- ing Resolution for Council adoption at their next meeting. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 12, 1988 PAGE 12 D-4 STREET ADVISORY COMMITTEE RECOMMENDATION FOR IMPOSITION OF A MAXIMUM GROSS VEHICLE WEIGHT LIMIT (5 TONS) ON IRONWOOD AVENUE BETWEEN AVALON AVENUE AND HIGHWAY 41 Mr. Nichols stated the Street Advisory Committee recommends Coun- cil place a load limit restriction of five tons on Ironwood Avenue from Avalon to Highway 41 due to a combination of struc- tural section deficiency, soil conditions, sub -surface water and usage of the roadway; and, appropriate signage be installed. He explained the condition of the street and the adverse affects vehicles over five tons create to add to street deterioration. Main Street is in much better condition to handle the weight, and trucks can easily use it instead. MOTION: Councilmember Lemons moved Council instruct staff to prepare the appropriate Ordinance to impose a 5-ton vehicle weight limit on Ironwood Avenue between Avalon and Highway 41. The motion was seconded by Councilmem- ber Wuriu and unanimously carried. (5-0) Councilmember Baker stated he wished to add an item to the Decla- ration of Future Agenda Items segment of the agenda; he would like to see commendations given to City staff and the various jurisdictions assisting in the South T-Pier fire. Mayor Sheetz stated she has requested an awards ceremony be scheduled in the near future to honor these people. E. CLOSED SESSION MOTION: Councilmember Wuriu moved the meeting adjourn to Closed Session. The motion was seconded by Councilmember Baker and unanimously carried. (5-0) Mayor Sheetz announced the Council is adjourning to Closed Ses- sion to discuss pending litigation in accordance with Government Code Section 54956.9(a) in the matter of Keyoto-Natalie vs. City of Morro Bay. Council adjourned to Closed Session at 9:20 p.m. and returned to regular session at 9:44 p.m. F. ADJOURNMENT MOTION: Councilmember Lemons moved the meeting be adjourned. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) The meeting adjourned at 9:44 p.m. Recorded by: ARDITH DAVIS City Clerk 0 6 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. SPECIAL MEETING - DECEMBER 8, 1988 VETERANS MEMORIAL HALL - 7:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL INVOCATION PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so by standing. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally 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 AMENDMENT TO MINUTES OF 24 OCTOBER 1988 CITY COUNCIL MEETING A-2 RESOLUTION NO. 140-88 RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 1988, AND DECLARING THE RESULTS THEREOF D. NEW BUSINESS D-1 OATH OF OFFICE BY JUDGE BARRY HAMMER TO MAYOR SHEETZ AND COUNCILMEMBERS BAKER AND WURIU, AND CITY CLERK'S PRESENTATION OF CERTIFICATES OF ELECTION D-2 PRESENTATION TO MAYOR REDDELL AND COUNCILMEMBER DONNELLY D-3 SELECTION OF VICE MAYOR F. n PUBLIC IS INVITED TO SHARE IN THJE REFRESHMENTS AFTER THE MEETING NEXT REGULAR COUNCIL MEETING:, MONDAY, 12 DECEMBER 1988 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. EIJ NOTICE O F S P E C= 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, December 8, 1988 at 7:00 p.m. in the Morro Bay Veterans Memorial Hall, 209 Surf Street, Morro Bay, CA. Said Special Meeting shall be for the primary purpose of installing the Mayor and Councilmembers elected at the November 8, 1988, general municipal election. The items to be considered are as follows: PUBLIC COMMENT PERIOD A. CONSENT CALENDAR A-1 AMENDMENT TO MINUTES OF 24 OCTOBER 1988 CITY COUNCIL MEETING A-2 RESOLUTION NO. 140-88 RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 1988, AND DECLARING THE RESULTS THEREOF D. NEW BUSINESS D-1 OATH OF OFFICE BY JUDGE BARRY HAMMER TO MAYOR SHEETZ AND COUNCILMEMBERS BAKER AND WURIU AND CITY CLERK'S PRESENTATION OF CERTIFICATES OF ELECTION D-2 PRESENTATIONS TO MAYOR REDDELL AND COUNCILMEMBER DONNELLY D-3 SELECTION OF VICE MAYOR F. ADJOURNMENT DATED: December 6, 1988 City of Morro Bay, California MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - DECEMBER 8, 1988 VETERANS MEMORIAL HALL - 7:00 P.M. Mayor Reddell called the meeting to order at 7:00 p.m. ROLL CALL PRESENT: Dale Reddell Paul Donnelly John Lemons Jeff Odell Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Judy Skousen Louise Burt Alan Davis Bill Farrel Forrest Henderson Dave Howell Nick Nichols Steve Wolter Bernard Zerr Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Finance Director Harbor Director Community Develop. Asst. City Admin. Police Chief Public Works Dir. Recreation & Parks Fire Chief City Clerk Reverend Charles Erickson of St. Peter's the invocation. Boy Scout Troop No. 222 Council presented the colors, and Horace of Allegiance. PUBLIC COMMENT None. A. CONSENT CALENDAR Dir. Dir. Episcopal Church gave of the Santa Lucia Area Strong led the Pledge A-1 AMENDMENT TO MINUTES OF 24 OCTOBER 1988 CITY COUNCIL MEETING Mr. Napper recommended Council approve the amended minutes as submitted. � _ _ _ � ` � • SI�II:I:i 7a[�li��l�2[��4l�iC;S�_��1�Ii����J�:� it •, � •� .• ,,: :�� � , Mr. Napper recommended Council adopt Resolution No. 140-88. MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - DECEMBER 8, 1988 PAGE 2 MOTION: Councilmember Lemons moved for approval of the Consent Calendar. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) Councilmember Donnelly stated it has been an honor to serve on the City Council. The City is fortunate to have the caliber of staff and Department Heads it has. He said he wished to make a presentation to an employee who had been very helpful to him dur- ing his term in office. Councilmember Donnelly presented a bas- ket of plants to City Clerk Ardith Davis. Mayor Reddell commented on the professionalism of City staff, and stated he has enjoyed working with them; he indicated he will remain involved in Morro Bay politics. 6�JATM -1b"ItJ*X'! D-1 OATH OF OFFICE BY JUDGE BARRY HAMMER TO MAYOR SHEETZ AND COUNCILMEMBERS BAKER AND WURIU AND CITY CLERK'S PRESENTATION OF CERTIFICATES OF ELECTION Gary Napper invited Mayor -elect Rose Marie Sheetz and Councilmem- bers-elect John Baker and Tom Wuriu to step forward for the Oath of Office to be administered by Superior Court Judge Barry Hammer. Judge Hammer administered the Oath of Office to the new Mayor and Councilmembers; Ms. Davis presented Certificates of Election to them. D-2 PRESENTATIONS TO MAYOR REDDELL AND COUNCILMEMBER DONNELLY Mayor Sheetz and Councilmembers Baker and Wuriu assumed their seats. Mayor Sheetz presented appreciation plaques to out -going Mayor Reddell and Councilmember Donnelly. Mayor Sheetz and Councilmembers Baker and Wuriu thanked those who supported them in the recent election; each noted specific items they are interested in and would be working on during the next years. 6IIIN&J301s[o0to] Wi]S&VC44Anu?X41W Mayor Sheetz suggested Councilmember Odell for the position of Vice Mayor, noting his senior position on the Council and the fact Councilmember Lemons has already held that position. Councilmember Lemons nominated Councilmember Wuriu for the posi- tion of Vice Mayor. Mayor Sheetz nominated Councilmember Odell for Vice Mayor. Mayor Sheetz closed the nominations and called for the vote of Vice Mayor; Councilmember Wuriu was selected Vice Mayor (4-1), with Mayor Sheetz dissenting. 0 MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - DECEMBER 8, 1988 PAGE 3 F. ADJOURNMENT MOTION: Councilmember Lemons moved the meeting be adjourned. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) Mayor Sheetz invited the public to join in the refreshments pro- vided by the City. The meeting adjourned at 7:29 p.m. Recorded by: I ARDITH 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. REGULAR MEETING - NOVEMBER 28, 1988 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so by standing. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the fol- lowing actions are approved without discussion. A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF NOVEMBER 14, 1988 A-2 EXPENDITURE REPORT - OCTOBER 1988 A-3 STATEMENT OF INVESTMENTS - OCTOBER 1988 A-4 ISSUANCE OF PUBLIC AREA USE PERMIT NO. 313 FOR 1988 LIGHTED BOAT PARADE (DECEMBER 11TH) A-5 AWARD OF CONTRACT FOR BID NO. PW88-04, POLICE STATION BUILDING RENOVATIONS (PHASE II) A-6 RESOLUTION NO. 134-88 REJECTING OFFERS OF DEDICATION OF PUBLIC UTILITY EASEMENTS ON PARCEL MAPS MBAL 88-070 AND 072 (R.L. FISHER; ACREAGE BOUNDED BY IRONWOOD, PONDEROSA, AND HIGHWAY 41) A-7 RESOLUTION NO. 135-88 AUTHORIZING PERMIT- APPLICATION TO STATE DEPART- MENT OF HEALTH, SERVICES FOR EMERGENCY WATER SUPPLY CONNECTION TO PRIVATELY -OWNED IRRIGATION WELL (GIANNINI; MORRO BASIN) A-8 RATIFICATION OF CITY'S TRANSPORTATION AND STREET PROJECT NEEDS FOR YEARS 1990-2000 (REQUIRED BY SENATE RESOLUTION 46) A-9 RECREATION AND PARKS COMMISSION RECOMMENDATION ON SEMI-ANNUAL JOINT MEETING WITH CITY COUNCIL B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 PRESENTATION OF AND RESOLUTION NO. 133-88 ADOPTING CITY TRANSIT DEVELOPMENT PLAN, FY 1988/89-FY 1992/93 B-2 CONSIDERATION OF DRAFT ENVIRONMENTAL IMPACT REPORT ON COUNTY HAZARDOUS WASTE MANAGEMENT PLAN B-3 RESOLUTION NO. 137-88 ESTABLISHING PARKING IN -LIEU FEE ($4,000) UNDER CITY'S PARKING MANAGEMENT PLAN AND ORDINANCE NO. 337 B-4 CONTINUED PUBLIC HEARING ON APPEAL TO PLANNING COMMISSION DENIAL OF CUP 23-88/CDP 68-88R ("THE MARKET PROJECT", 870 EMBARCADERO; GUNTHER, APPELLANT) B-5 RESOLUTION NO. 136-88 SETTING FUTURE CITY BALLOT MEASURE FOR LOCAL EMERGENCY MEDICAL SERVICES FUND (PARAMEDIC SERVICE LEVEL) B-6 CONTINUED PUBLIC HEARING ON NORTH MAIN STREET SPECIFIC DRAFT PLAN, SUB -AREAS C AND D, HIGHWAY 41 TO ELENA STREET (LCP/GPA/ZOA 01-86A) B-7 PUBLIC HEARING ON LUP/ZOA PLANNING AREA 2 TEXT REVISIONS (COASTAL RESOURCE RESIDENTIAL "CRR" DISTRICT AND GOLF COURSE "GC" DISTRICT), AND SECOND READING/ADOPTION OF ORDINANCE NO. 338 (LOCAL COASTAL PROGRAM AMENDMENT, CASE NO. LUP/ZOA 02-88; CLOISTERS AND SURROUNDING PROPERTIES) C. UNFINISHED BUSINESS NONE D. NEW BUSINESS D-1 REQUEST FOR RECONSTITUTION OF CITY PLANNING COMMISSION E. CLOSED SESSION NONE 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. P: MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 28, 1988 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Reddell called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Dale Reddell Paul Donnelly John Lemons Jeff Odell Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Judy Skousen Louise Burt Bill Farrel Nick Nichols Bernie zerr Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Finance Director Community Develop. Dir. Public Works Dir. Fire Chief City Clerk Ken Hutchison, Coast Christian School, gave the invocation, and Mayor Reddell led the Pledge of Allegiance. PUBLIC COMMENT 1. June Hofstead, 690 Elena, spoke in opposition to Mayor Reddell's proposal to unseat the Planning Commission (D-1 on this agenda). She noted the numerous tasks of Planning Commissioners and stated the current Commission has been doing a good job. 2. Charles Palmer, 485 Estero, stated Mayor Reddell's idea to dismiss the Planning Commission is a political ploy rather than for the benefit of the community. He said the new Council should make any decisions about the Planning Commission. 3. Warren Dorn, 212 Beach Street and representing Morro Bay Beautiful, stated this year the cost between live Christmas trees and cut trees is comparable. He suggested the Council di- rect the Recreation and Parks Commission to consider a program of receiving live trees from citizens who wish to donate them after Christmas, and placing the trees in City parks or other public areas. Mr. Dorn also commented on the unsightly box car located along the beach just north of the Point Motel on Highway 1. He said the property is zoned M2/PD, and suggested Council declare a building moratorium on the area before someone attempts to place r • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 28, 1988 PAGE 2 an industrial development along this stretch of beach. The prop- erty should be rezoned to open space to eliminate this possibility. DECLARATION OF FUTURE AGENDA ITEMS 1. Councilmember Donnelly requested Council consider im- plementing a process whereby employee paychecks can be automati- cally deposited into their bank accounts; perhaps the items could be scheduled for budget sessions in order to provide for expenses to implement the program. 2. Councilmember Sheetz requested staff prepare the neces- sary submittal to the Coastal Commission for enforcement of Mea- sure D. She also requested staff prepare the zoning ordinance amendments as suggested in the Hotel/Motel Study. A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF NOVEMBER 14, 1988 Mr. Napper recommended Council approve the minutes as submitted. A-2 EXPENDITURE REPORT - OCTOBER 1988 Mr. Napper recommended Council approve the Expenditure Report. A-3 STATEMENT OF INVESTMENTS - OCTOBER 1988 Mr. Napper recommended Council accept the report for file. A-4 ISSUANCE OF PUBLIC AREA USE PERMIT NO. 313 FOR 1988 LIGHTED BOAT PARADE (DECEMBER 11TH) Mr. Napper recommended Council adopt Resolution No. 139-88. A-5 AWARD OF CONTRACT FOR BID NO. PW88-04, POLICE STATION BUILD- ING RENOVATIONS (PHASE II) Mr. Napper recommended Council award the contract to Construction Concepts Inc. of Santa Maria in the amount of $60,669.76. A-6 RESOLUTION NO. 134-88 REJECTING OFFERS OF DEDICATION OF PUBLIC UTILITY EASEMENTS ON PARCEL MAPS MBAL 88-070 AND 072 (R.L. FISHER; ACREAGE BOUNDED BY IRONWOOD. PONDEROSA, AND HIGHWAY 41) Mr. Napper recommended Council adopt Resolution No. 134-88. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 28, 1988 PAGE 3 A-7 RESOLUTION NO. 135-88 AUTHORIZING PERMIT APPLICATION TO STATE DEPARTMENT OF HEALTH SERVICES FOR EMERGENCY WATER SUP- PLY CONNECTION TO PRIVATELY -OWNED IRRIGATION WELL (GIANNINI; MORRO BASIN) Mr. Napper recommended Council adopt Resolution No. 135-88. A-8 RATIFICATION OF CITY'S TRANSPORTATION AND STREET PROJECT NEEDS FOR YEARS 1990-2000 (REQUIRED BY SENATE RESOLUTION 46) Mr. Napper recommended Council adopt the short-range road and street revenue and expenditure report constituting compliance with Senate Resolution 46. A-9 RECREATION AND PARKS COMMISSION RECOMMENDATION ON SEMI- ANNUAL JOINT MEETING WITH CITY COUNCIL Mr. Napper recommended Council cancel the December 1988 joint meeting with the Recreation and Parks Commission. Councilmember Sheetz requested Item A-7 be pulled for separate discussion. MOTION: Councilmember Sheetz moved for approval of the Consent Calendar with the exception of A-7. The motion was seconded by Councilmember Donnelly and unanimously carried. (5-0) A-7 RESOLUTION NO. 135-88 AUTHORIZING PERMIT APPLICATION TO STATE DEPARTMENT OF HEALTH SERVICES FOR EMERGENCY WATER SUP- PLY CONNECTION TO PRIVATELY -OWNED IRRIGATION WELL (GIANNINI; MORRO BASIN) Councilmember Sheetz asked if there are any costs associated with connection to the Giannini well? Mr. Nichols said costs for in- stallation of the improvements have not been determined. The next action Council will be asked to take is approval of an agreement between the City and Mr. Giannini; at that time,,cost figures will be developed. MOTION: Councilmember Sheetz moved for adoption of Resolution No. 135-88. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PRESENTATION OF AND RESOLUTION NO. 133-88 ADOPTING CITY TRANSIT DEVELOPMENT PLAN, FY 1988/89-FY 1992/93 Mr. Nichols stated in order for the City to receive funds from the State through the Urban Mass Transportation Act (UMTA), the City is required to have a 5-year Transportation Development MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 28, 1988 PAGE 4 Plan. The current 5-Year Plan expires in 1988. The City re- ceived a grant of $9,000 to which the City added $3,000 to hire a consultant (JKaplan and Associates) to prepare a Plan for the next 5 years. Jerry Kaplan of JKaplan and Associates reviewed the Transit De- velopment Plan for FY 1988/89 to 1992/93. He stated their task was to evaluate the existing Dial -a -Ride system and make recom- mendations for improvements in the system. He said Morro Bay's demand -responsive system provides efficient and high quality ser- vice, with a response time less than 30 minutes on the average; this is excellent time. There are approximately 8 to 9 passen- gers per hour, with 100 to 150 per day; each passenger costs the City approximately $3.50 per ride and the cost to the passenger is 754 one-way. Mr. Kaplan stated a rider survey was conducted, and he gave a profile of the average Morro Bay passenger. Based on the current ridership, the consultant recommends the system remain a demand -responsive rather than a fixed route sys- tem. If ridership declines, consideration should be given to im- plementing a taxi -subsidy program. There is some merit to con- solidating the City's present system with the Los Osos service, and perhaps implementing a Cayucos hook-up to bring people from Cayucos to Morro Bay. Mr. Kaplan did not recommend a shuttle service on the Embarcadero unless it was subsidized by the local business community. He be- lieved the fare could be increased to $1 for a one-way trip with- out affecting ridership, and suggested the City eliminate the Saturday service and work with the local taxi cab company to pos- sibly subsidize their operation for weekend service. Mr. Nichols stated adoption of the Plan does not mean staff will begin implementation; it establishes policies and, as occasions arise, staff will return to Council for approval on implementing specific policies. Mayor Reddell opened the hearing to the public; there were no comments and the hearing was closed. MOTION: Councilmember Sheetz moved for adoption of Resolution No. 133-88. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) B-2 CONSIDERATION OF DRAFT ENVIRONMENTAL IMPACT REPORT ON COUNTY HAZARDOUS WASTE MANAGEMENT PLAN Mr. Nichols stated Council previously reviewed the Draft Haz- ardous Waste Management Plan; a Draft Environmental Impact Report has been prepared on the Hazardous Waste Management Plan and that report is before Council for comment this evening. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 28, 1988 PAGE 5 Jeff Hamm, County Administrator's Office, gave a brief overview of the process required under the Tanner Bill for cities and counties to prepare a Hazardous Waste Management Plan. He said the Waste Management Commission has been working on the Plan for the last 1' years. It identifies policies and objectives and suggests 8 general areas in various locations within which haz- ardous waste facilities may at some point be sited. The EIR does not address any specific site; additional EIRs will be required when a specific site is identified and a project materializes. Terry Madison, County Environmental Coordinator's Office, re- viewed the EIR process for the Hazardous Waste Management Plan. The EIR identifies significant affects of the Plan and ways to mitigate the impacts; it is an evaluation of general types of im- pacts that could occur. The Draft EIR found there are no signif- icant or unavoidable impacts as a result of the Plan and it may in fact provide beneficial impacts as it provides for responsible handling, treating and disposing of hazardous wastes. Comments on the EIR are being accepted until Friday, December 9, 1988 at 5:00 p.m. and should pertain to the adequacy and accuracy of the information in the EIR. Ms. Madison noted Cathy Corliss of the Environmental Coordinator's Office is also present to address the more technical aspects of the Plan if there are any questions. Councilmember Donnelly asked if any regulations exist limiting where the hazardous waste comes from? Mr. Hamm stated that topic was discussed at length at the Commission level; it is doubtful if a facility is privately owned and/or operated that the County will be able to restrict the origin of the materials disposed in the facility. There is a statement in the Plan the County of San Luis Obispo does not generate enough hazardous waste to institute a hazardous waste facility and would probably only need a transfer station. However, there is a "fair share" notion which has to be addressed by the State. Mayor Reddell opened the hearing to the public for comments; there were no comments and the hearing was closed. Mr. Napper stated staff has reviewed the draft EIR and no com- ments from staff have been received. He said his concern is if a transfer station or facility is located inconvenient for Morro Bay residents to access, they may dispose of their hazardous wastes illegally. Mr. Napper questioned if the EIR addressed that prospect? Mr. Hamm stated there is a Hazardous Waste Sub - Committee looking into round -up days or other methods to encour- age household disposal of hazardous wastes. MOTION: Councilmember Lemons moved staff be instructed to transmit the City Administrator's comment to the County. The motion was seconded by Councilmember Donnelly and unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 28, 1988 PAGE 6 B-3 RESOLUTION NO. 137-88 ESTABLISHING PARKING IN -LIEU FEE ($4.000) UNDER CITY'S PARKING MANAGEMENT PLAN AND ORDINANCE NO. 337 Louise Burt stated Council adopted a Parking Management Plan Or- dinance in October which provides for accepting parking in -lieu fees to provide off -site parking alternatives for developments. The Ordinance authorizes Council to set the in -lieu fees by Reso- lution, and proposed Resolution No. 137-88 sets the fee at $4,000 per space. She noted the fee is only one portion of the total Parking Management Plan as participants must also participate in an assessment district when established by the City. Mayor Reddell opened the hearing to the public for comments. Bruce Risley, President of Civic Action League, reiterated previ- ous comments the Local Coastal Program Land Use Plan clearly states the full cost of providing parking for development has to be borne by the developer. He analogized a home -owner is not al- lowed to pay in -lieu fees to satisfy on -site parking require- ments; why should commercial? Mayor Reddell closed the hearing to the public. Councilmember Odell noted the Resolution states the in -lieu fee is but a portion of the Parking Management Plan, and requires the developer pay the full cost of off -site parking by participating in an assessment district when it is formed. MOTION: Councilmember Sheetz moved for adoption of Resolution No. 137-88. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) B-4 CONTINUED PUBLIC HEARING ON APPEAL TO PLANNING COMMISSION DENIAL OF CUP 23-88/CDP 68-88R ("THE MARKET PROJECT". 870 EMBARCADERO; GUNTHER. APPELLANT) Mr. Farrel reviewed his lengthy staff report which addresses Council questions and concerns from their November 14th meeting. He noted Council should take final action at this meeting to com- ply with time constraints. Although staff continues to recommend upholding the Planning Commission's action and remains concerned about the roof -top garden design, two Resolutions have been pro- vided for Council determination: one denying the project without prejudice; the other granting the appeal with conditions. Mayor Reddell opened the hearing to the public for comments. Jim Maul, 571 Embarcadero and project architect, stated the traf- fic survey requested by Council indicates a 4% increase in traf- fic as a result of this project. He also noted the parking is MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 28, 1988 PAGE 7 not increased significantly because of a restaurant operation as opposed to a produce -type Farmers' Market. Keith Gurnee, Richard Rossi Montgomery Consultants representing Charles Hartzel, spoke in opposition to the project. He refer- enced a 1978 Coastal Conservancy Waterfront Plan, and projects in that Plan which have been funded by the Coastal Conservancy; ap- proving this project contrary to that Plan which suggests public parking for this land may jeopardize future Coastal Conservancy revenues. He said Morro Bay Beautiful and Civic Action League join his client in opposing this project. He said the area planned for development is also noted for a parking lot in the City's Circulation Element. Warren Dorn, 212 Beach Street and speaking on behalf of Morro Bay Beautiful, said a commitment was made over a period of ten years that would be set aside by action to approve any kind of develop- ment on this property referring to a Coastal Conservancy approval of a Plan and funding improvements for the Embarcadero. He urged Council to uphold the Planning Commission's denial of this pro- ject, and rezone the property. Bruce Risley, President of Civic Action League, reiterated past comments regarding the view blockage from the Centennial Stairway as a result of this project. He reminded Council of the lawsuit against the City regarding Stan Trapp's project, which contains some of the same issues facing Council in the Gunther project. He encouraged Council to not act on this project until after the adjudication of the CAL lawsuit on December 19th. Mr. Dorn made it clear Morro Bay Beautiful has never taken a po- sition on the properties on the bay -side of the Embarcadero; their only concern is the City's commitment made to the Coastal Conservancy. Jim Maul, architect, stated the viewshed is preserved more aes- thetically through two-story buildings with openings to see through than a one-story block -type structure. Ralph Gunther, applicant, stated he has owned this property for a number of years and is tired of arguments about what to do with it; he said if anyone wants it, buy it, otherwise let him do something with it. He presented a written response to the condi- tions of approval suggested in Council's draft Resolution and re- quested they be substituted or amended accordingly. Mayor Reddell closed the hearing to the public. Councilmember Donnelly asked if staff had a response to the al- ternative conditions submitted by Mr. Gunther. Mr. Farrel said he had not had time to review them, however, the conditions set forth by staff are fairly standard. Mr. Napper stated the City MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 28, 1988 PAGE 8 conditions have been reviewed by Mr. Farrel, Ms. Skousen and him and those are the conditions staff is recommending; the language is worded to protect and enhance the City's interests. Councilmember Sheetz asked Mr. Gunther about his own condition no. 22 which states he may obtain water from "other" sources; she wanted to know what other sources? Mr. Gunther said salt -water conversion by sinking his own well. There was discussion regarding this water source; Ms. Skousen re- minded Council if Mr. Gunther was able to provide data to con- vince Council this is a viable alternative at a later date, the Conditional Use Permit conditions can be amended at that stage in the development. Councilmember Donnelly commented the public parking lot idea for this property was rejected by the Street Advisory Committee and Harbor Advisory Board. He did not believe there is a need for a pedestrian sidewalk on Front Street, and thought the proposed project is excellent and brilliant. MOTION: Councilmember Lemons moved for adoption of Resolution No. 138-88 granting the appeal with conditions as sub- mitted by staff to Council. The motion was seconded by Councilmember Donnelly. Councilmember Odell said there is something about the project that disturbs him, but it also has pleasing aspects. He respects private property rights however, but does not personally like the project's aesthetics; he will be voting against the motion. Councilmember Sheetz agreed property owners have rights, and did not believe this property should be parking lot. She also liked portions of the project while others disturbed her, and she sug- gested the applicant try again on the design and scope. The motion carried on the following roll call vote: AYES: Donnelly, Lemons, Reddell NOES: Odell, Sheetz Council recessed from 8:20 p.m. to 8:35 p.m. B-5 RESOLUTION NO. 136-88 SETTING FUTURE CITY BALLOT MEASURE FOR LOCAL EMERGENCY MEDICAL SERVICES FUND (PARAMEDIC SERVICE LEVEL) Bernie Zerr stated Council has embraced a ballot measure to pro- vide funding for current emergency medical services and an up- grade to a paramedic service level. The measure provides for a funding methodology, and will be scheduled for consolidation with the next election held by the County of San Luis Obispo. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 28, 1988 PAGE 9 Mayor Reddell opened the hearing to the public for comments; there were no comments and the hearing was closed. MOTION: Councilmember Odell moved for the adoption of Resolu- tion No. 136-88. The motion was seconded by Coun- cilmember Sheetz. Councilmember Lemons asked what the timeframe will be for an election? Mr. Napper stated the City hopes it does not have to conduct a special election because of costs; currently, the next County election is scheduled for November 1989. Councilmember Lemons suggested a committee promote the bond issue so that it passes. Mr. Napper stated while City funds cannot be used to promote a bond issue, Council can encourage their con- stituents to vote in favor of it, and the Fire Funding Committee can be instrumental in encouraging its passage; a 2/3rds voter approval is required to adopt the ballot measure. The motion unanimously carried. (5-0) B-6 CONTINUED PUBLIC HEARING ON NORTH MAIN STREET SPECIFIC DRAFT PLAN, SUB -AREAS C AND D. HIGHWAY 41 TO ELENA STREET (LCP/GPA/ZOA 01-86A) Johannah Varland, Special Projects Planner, reviewed Sub -Areas C and D of the North Main Street Specific Plan; Sub -Area C is the area between Elena Street on the north to Highway 41 on the south. The major suggested change for this area is designating the present Visitor Serving Commercial (VS-C) to Mixed Commercial and Residential (MCR). She noted the Hotel Motel study does not recommend locating additional motels in the area because of its distance from the tourist areas. Sub -Area D is the area from Highway 41 south to Radcliffe. She stated the Highway 41/State Highway 1/Main Street intersection has one of the highest traffic counts in the City, and pointed out the difficulties Harbor Tract residents have exiting and en- tering to and from busy Main Street and Radcliffe. She noted the suggestion by Councilmember Donnelly to close the northbound Highway 1 off -ramp and using the Main Street exit as the route to Highway 41, and also realigning Radcliffe to face the Main Street off -ramp. Mayor Reddell opened the hearing to the public for comments. "B" Rohan, 2501 Elm, commented on the high traffic volumes at the Main Street/Highway 41 intersection. Mayor Reddell closed the hearing to the public. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 28, 1988 PAGE 10 Council discussed closing the Highway 41 off -ramp and questioned costs. Mr. Napper stated CalTrans does not fund local trans- portation projects without local financing participation. MOTION: Councilmember Lemons moved the public hearing on this matter be continued to January 9, 1989. The motion was seconded by Councilmember Sheetz and unanimously carried. .(5-0) B-7 PUBLIC HEARING ON LUP/ZOA PLANNING AREA 2 TEXT REVISIONS (COASTAL RESOURCE RESIDENTIAL "CRR" DISTRICT AND GOLF COURSE "GC" DISTRICT). AND SECOND READING/ADOPTION OF ORDINANCE NO. 338 (LOCAL COASTAL PROGRAM AMENDMENT, CASE NO. LUP/ZOA 02- 88; CLOISTERS AND SURROUNDING PROPERTIES) Mr. Farrel reviewed this item continued from Council's October 24th meeting in order to provide additional time for the Planning Commission to review the new Coastal Resource Residential (CRR) district proposed by Council. The Council's proposed text changes are acceptable to the Planning Commission; but, the Com- mission referred Council to their previous action recommending against the Golf Course designation for this particular property. Mr. Farrel stated this item is before Council this evening for second reading and final adoption of Ordinance No. 338. Mayor Reddell opened the hearing to the public for comments. William Walter, 412 Higuera and attorney representing the prop- erty owners of the Cloisters area, presented a letter and attach- ments dated November 28, 1988 and proceeded to review his client's objections to the adoption of Ordinance No. 338. He raised questionsregarding the agenda title and Council's intended actions this evening. Ms. Skousen stated Council's recommended action this evening is for final reading and adoption of Ordi- nance No. 338; this is the final and last action necessary to amend the City's Land Use Plan for Planning Area 2. Mr. Walter took issue with the proposed zoning detailing how in- feasible it will be for his clients to place any development on their property. He objected to filing the rezoning matter with the Coastal Commission before hearingswere through at the Council level; there is a list of sixteen items under the CEQA regula- tions which need to be answered; he does not believe the rezoning efforts have been thoroughly reviewed; he believes the City's process has been fundamentally flawed. He stated they will con- tinue to oppose the rezoning through the Coastal Commission. Mayor Reddell closed the hearing to the public. Councilmember Lemons asked the City Attorney if she wished to re- spond to any of Mr. Walter's comments? Ms. Skousen stated the City is not the lead agency for CEQA requirements, and the items MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 28, 1988 PAGE 11 from our process submitted to the Coastal Commission represent the functional equivalent of an EIR. She assured Council the ac- tion they are taking is in compliance City and State laws and regulations, and it is perfectly legal for the Planning Commis- sion to have reviewed the Ordinance between first and second readingsby Council. MOTION: Councilmember Donnelly moved Ordinance No. 338 be read by title and number only. The motion was seconded by Councilmember Sheetz. Councilmember Lemons asked if the Planning Commission's recommen- dations in their Resolution complicates Council action if Coun- cil's action is not the same. Ms. Skousen stated no, Council is required to consider the Planning Commission's recommendations, but does not have to adopt them. The motion was unanimously carried by roll call vote. (5-0) Mr. Napper read Ordinance No. 338 by title and number only. MOTION: Councilmember Donnelly moved for adoption of Ordinance No. 338 constituting second and final reading. The mo- tion was seconded by Councilmember Lemons. Councilmember Odell stated he will not vote in favor of the Ordi- nance; however, he did not want his vote misconstrued as agreeing with the property owners. He favors mariculture use in the southern portion of the property rather than residential. The motion carried on the following roll call vote: AYES: Donnelly, Lemons, Sheetz, Reddell NOES: Odell C. UNFINISHED BUSINESS NONE D. NEW BUSINESS D-1 REQUEST FOR RECONSTITUTION OF CITY PLANNING COMMISSION Mr. Napper stated this item is agendized at the request of Mayor Reddell; he reviewed the current status of the Planning Commis- sioners, their terms of office, and one vacancy. Mayor Reddell referred to a statement by former Mayor Bud Zeuschner that the Planning Commission should be in -tune with the City Council; the current Planning Commission has not been in - tune with this Council. He believes by asking the current Plan- MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 28, 1988 PAGE 12 ning Commission to step down, it will give the new Council an op- portunity to select their own Commission. He also suggested the term of office of the Commissioners be reduced from the current four years, and the number of Commissioners be increased to seven members. He said a two-year term would eliminate some of the politics of some Commissioners using the Planning Commission as a stepping stone to run for Council. Councilmember Lemons stated he would like to request an item for a future agenda; he would like staff to prepare an ordinance to 1) increase the Planning Commission to seven members; 2) set the terms of office to end December 31 each year or every two years to coincide with Council elections, and he also added this could apply to all commissions and boards; and 3 ) require a Planning Commissioner to resign from the Planning Commission on the day he or she files for City elective office. Council took no formal action to alter the Planning Commission; the matter of an amending ordinance will be scheduled at a future meeting without a staff report but for Council discussion and di- rection, pursuant to a Council Policy Statement on requesting agenda items. F. ADJOURNMENT MOTION: Councilmember Odell moved the meeting be adjourned. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) The meeting adjourned at 9:43 p.m. Recorded by: ARDITH 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. REGULAR MEETING - NOVEMBER 14, 1988 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE PRESENTATION: MOST VALUABLE EMPLOYEE - JULY - SEPTEMBER 1988 PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so by standing. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the fol- lowing actions are approved without discussion. A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF OCTOBER 24, 1988 A-2 AUTHORIZATION TO ADVERTISE COMMISSION AND ADVISORY BOARD VACANCIES OCCURRING,AT YEAR END A-3 RESOLUTION NO. 131-88 DENYING APPEAL AND APPROVING CUP 32-88/CDP 80- 88R, ROOFING BUSINESS STORAGE YARD/SECURITY QUARTERS AT 1045 ALLESANDRO STREET (MONTGOMERY, APPLICANT) A-4 PROCLAMATION DECLARING NOVEMBER 21-27, 1988 AS "1988 CALIFORNIA FAMILY WEEK" B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 RESOLUTION NO. 125-88 AMENDING CENTENNIAL PARKWAY MASTER PLAN, AND RESOLUTION NO. 126-88 AMENDING DEL MAR PARK MASTER PLAN B-2 PUBLIC HEARING FOR APPLICANT APPEAL OF PLANNING COMMISSION DENIAL OF CUP 44-88, FISH SHANTY RESTAURANT/GIFT SHOP, LEASE SITE 134-136 (1245 EMBARCADERO; ROSS, APPLICANT) 1 B-3 CONTINUED PUBLIC HEARING ON APPEAL TO PLANNING COMMISSION DENIAL OF CUP 23-88/CDP 68-88R ("THE MARKET PROJECT", 870 EMBARCADERO; GUNTHER, APPELLANT) B-4 PUBLIC HEARING ON RESOLUTION NO. 118-88 AUTHORIZING CITY ADMINISTRATOR TO EXECUTE DOCUMENTS FOR REAL PROPERTY EXCHANGE BETWEEN CITY AND M/M OGLE; VACANT PRIVATE PROPERTY ON EMBARCADERO NEAR GIANT CHESSBOARD AREA (APN 66-332-03-964) AND VACANT CITY PROPERTY NEAR HIGH SCHOOL FRONTING ON ATASCADERO ROAD (PTNS. OF LOTS 15, 16, AND 17 IN BLOCK 27 OF ATASCADERO BEACH SUBDIVISION) B-5 CONCEPT CONSIDERATION OF A BOND MEASURE FOR PUBLIC ACQUISITION OF "CLOISTERS" PROPERTY (80+ ACRES) AND/OR OTHER PROPERTIES FOR OPEN AREA HABITAT B-6 CONTINUED PUBLIC HEARING FOR AMENDMENTS LOCAL TO COASTAL PROGRAM, PLANNING AREA 5 (CASE NO. LUP/ZOA 02-88; P.G.&E., DEN-DULK, AND CITY PROPERTIES) CONTINUE HEARING TO NOVEMBER 28TH B-7 CONTINUED PUBLIC HEARING ON NORTH MAIN STREET SPECIFIC DRAFT PLAN, SUB -AREAS C AND D, HIGHWAY 41 TO ELENA STREET (LCP/GPA/ZOA 01-86A) C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 334 AMENDING PERS CONTRACT TO PROVIDE FOR UNUSED SICK LEAVE CREDIT RETIREMENT BENEFIT (CHAPTER 2.44) SECOND READING/ADOPTION C-2 FUNDING AUGMENTATION FOR ENVIRONMENTAL IMPACT REPORT AND WATERSHED SURVEYS FOR COASTAL STREAMS DIVERSION AND STORAGE JOINT PROJECT WITH WHALE ROCK COMMISSION D. NEW BUSINESS D-1 RESOLUTION NO. 129-88 APPROVING CONVERSION OF COUNTY LEASE FOR LEASE SITE 91-92W (ANDERSON; DBA GALLEY ON THE BAY RESTAURANT) TO CITY MASTER LEASE AGREEMENT WITH EXTENDED LEASE TERM D-2 CONSIDERATION OF AUTOMATIC OR MECHANIZED COUNCIL VOTING DEVICE E. CLOSED SESSION NONE 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: MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1988 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Reddell called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Dale Reddell Paul Donnelly John Lemons Jeff Odell Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Judy Skousen Louise Burt Alan Davis Bill Farrel Forrest Henderson Nick Nichols Steve Wolter Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Finance Director Harbor Director Community Develop. Dir Asst. to City Admin. Public Works Dir. Recreation & Parks Dir City Clerk Reverend Tom Geshay from the Baptist Church gave the invocation, and Horace Strong led the Pledge of Allegiance. PUBLIC COMMENT None. DECLARATION OF FUTURE AGENDA ITEMS 1. Councilmember Lemons asked if the City has jurisdiction over the Morro Rock area where people were injured and died today? Ms. Skousen thought it might be State Park jurisdiction. Councilmember Lemons requested the matter be researched and per- haps the City place signs prohibiting access to the area. Coun- cilmember Sheetz suggested signs be posted in Spanish as well as English. 2. Councilmember Lemons requested Council take action on an item which arose after the Council agenda was set; he wanted Council to authorize the Mayor to send a letter to the State De- partment of Alcoholic Beverage Control protesting an application for alcoholic beverage sales at the Exxon station on Atascadero Road across from Morro Bay High School and adjacent to Keiser Park. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1988 PAGE 2 MOTION: Councilmember Lemons moved Council add to tonight's agenda the matter of a pending alcohol beverage sales license at this Exxon station, as the matter became known to the Council after the Morro Bay City Council agenda was already set on November 4th. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) MOTION: Councilmember Lemons moved the Mayor be authorized to sign a letter to the Department of Alcoholic Beverage Control protesting the issuance of an alcoholic bever- age sales license at 290 Atascadero Road. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) Mr. Napper noted the City is not protesting the potential con- struction of a mini -mart at this location, but the prospective sale of alcoholic beverages. PRESENTATION: MOST VALUABLE EMPLOYEE - AUGUST, SEPTEMBER, OCTOBER 1988 (JERRY RAMOS) Mr. Ramos was not present to accept the award. A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF OCTOBER 24, 1988 Mr. Napper recommended Council approve the minutes as submitted. A-2 AUTHORIZATION TO ADVERTISE COMMISSION AND ADVISORY BOARD VACANCIES OCCURRING AT YEAR END Mr. Napper recommended Council authorize staff to advertise the vacancies with a filing date to allow Council interviews and selections to occur before January 1989. A-3 RESOLUTION NO. 131-88 DENYING APPEAL AND APPROVING CUP 32- 88/CDP 80-88R. ROOFING BUSINESS STORAGE YARD/SECURITY QUARTERS AT 1045 ALLESANDRO STREET (MONTGOMERY, APPLICANT) Mr. Napper recommended Council adopt Resolution No. 131-88. A-4 PROCLAMATION DECLARING NOVEMBER 21-27, 1988 AS "1988 CALIFORNIA FAMILY WEEK" Mr. Napper recommended Council authorize the Mayor to sign the Proclamation. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1988 PAGE 3 MOTION: Councilmember Sheetz moved for approval of the Consent Calendar. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 RESOLUTION NO. 125-88 AMENDING CENTENNIAL PARKWAY MASTER PLAN, AND RESOLUTION NO. 126-88 AMENDING DEL MAR PARK MASTER PLAN Mr. Wolter reviewed the changes to the Del Mar Park Master Plan which were made as a result of changing needs and neighborhood desires: a group picnic area on the west border of the Park, in- formal race track for radio -controlled cars or BMX bicycles, pro- posed area for racquetball courts, and relocation of future vol- leyball courts. Changes to the Centennial Parkway Master Plan include landscaping the street end, seating at the top of the stairway, and potential acquisition of the property across from the Chessboard for restroom construction and possibly some park- ing. Mr. Wolter noted the amended Plans have been reviewed and approved by the Planning Commission and Recreation and Parks Commission. Councilmember Donnelly stated during recent Council discussion on the Circulation Element relevant to the Centennial Stairway, he had suggested signs be posted tying the downtown area with the Embarcadero. He requested Council add the location of two signs to the Centennial Parkway Master Plan, and stated he had two signs made for that purpose. He displayed the signs (one indi- cating the direction to downtown shopping to be placed on the Embarcadero near the Centennial Stairway, and one indicating the direction to Embarcadero shops via the Centennial Stairway), and then donated them to the City. Councilmember Sheetz stated Councilmember Donnelly is to be com- mended for his gift to the City; Councilmembers thanked Coun- cilmember Donnelly for his donation. MOTION: Councilmember Sheetz moved Council accept the donated signs for inclusion in the Centennial Parkway Master Plan. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) Councilmember Odell asked when the restroom at the Morro Bay Boulevard street end will be demolished? Mr. Napper stated it will not be removed until another is constructed and the matter is brought back to Council. Councilmember Sheetz remembered Council action authorized the demolition of this restroom when restrooms were available at the George's Lease Site. Mr. Napper agreed, but noted recent waterfront trends require review of the item before the previous action is carried out. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1988 PAGE 4 Mayor Reddell opened the hearing to the public for comments; there were no comments and the hearing was closed to the public. MOTION: Councilmember Lemons moved for the adoption of Resolu- tions No. 125-88 and 126-88 with the amendment to the Centennial Parkway Master Plan. The motion was sec- onded by Councilmember Sheetz and unanimously carried. (5-0) B-2 PUBLIC HEARING FOR APPLICANT APPEAL OF PLANNING COMMISSION DENIAL OF CUP 44-88, FISH SHANTY RESTAURANT/GIFT SHOP, LEASE SITE 134-136 (1245 EMBARCADERO; ROSS, APPLICANT) Mr. Farrel stated Council previously approved this same request for a 416 sq.ft. addition to the Fish Shanty Restaurant at 1245 Embarcadero in the Spring of 1987. The applicant, however, failed to submit a precise plan within the time constraints, and the concept plan approval expired. Mr. Ross reapplied and the Planning Commission denied the request again, as they did in 1987; Mr. Ross is now appealing their decision to Council. Mayor Reddell opened the hearing to the public for comments. Nancy Bast, 450 Fairview, stated Council took precedent -setting action when they approved this item in 1987. She also stated Mayor Reddell should not be able to vote on this matter because Mr. Ross contributed heavily to his campaign in 1986. She was in opposition to the appeal. Bruce Risley, Piney Way, agreed with Ms. Bast regarding Mayor Reddell's conflict of interest, and said he should step down. David Ross, applicant, stated he is not constructing outside of existing lease boundaries, and not requesting any expansion of use. He requested Council grant the appeal. Councilmember Sheetz asked Mr. Ross why he had not completed the project within the time requirements? Mr. Ross stated there was confusion between City ordinances and State regulations on the timing; he thought he had two years. Mayor Reddell closed the hearing to the public. Council asked several questions to which Mr. Farrel responded. Councilmember Lemons noted, and Mr. Farrel confirmed, this request is identical to the CUP approved unanimously by Council in 1987. MOTION: Councilmember Lemons moved for adoption of Resolution No. 132-88. The motion was seconded by Councilmember Donnelly and unanimously carried by roll call vote. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1988 PAGE 5 B-3 CONTINUED PUBLIC HEARING ON APPEAL TO PLANNING COMMISSION DENIAL OF CUP 23-88/CDP 68-88R ("THE MARKET PROJECT". 870 EMBARCADERO; GUNTHER, APPELLANT) Mr. Farrel stated Council continued this item from their October 24th meeting at the request of the applicant. Copies of memos from the City Attorney and Public Works Director have been in- cluded in the packet responding to Council questions when this item was heard on September 26th. Mr. Farrel summarized the pro- posed project and requested Council guidance on the level of on and off -site improvements to be required including sidewalks and parking, and possible modifications to the design of the build- ing. Mr. Farrel discussed parking and sidewalk widths in depth, and presented Council with schematic drawings depicting the view - shed impacts of the project from the Centennial Stairway and Harbor Street. He also suggested design modifications to elimi- nate the roof -top garden. Mayor Reddell opened the hearing to the public for comments. Jim Maul, 571 Embarcadero and project architect, explained the height of the building had been designed lower than City maximum; in exchange the applicant is requesting some relief from the min- imum setbacks. He explained the roof -top garden was designed to give people on the bluff something to look at instead of the top of a flat roof. He said it is very difficult to build on the Embarcadero without changing views to some degree, and reminded Council their proposal is for a 24 ft. roof rather than the 30' allowed by City Ordinance. Mr. Maul stated the applicant is willing to adhere to the 8 ft. sidewalk requirement on the Embarcadero side. Mr. Maul stated rather than a farmer's market similar to the Thursday night activity in San Luis Obispo where local farmers sell their produce, the Farmer's Market in Mr. Gunther's proposal is for an international food market. He said the applicant will provide 25 of the required 63 parking spaces and pay the rest by parking in -lieu fees. John Wilbanks, of Richmond Rossi Montgomery planning consultants representing Charles Hartzel of the Blue Sail Inn in Morro Bay, stated his client supports the Planning Commission decision to deny this project without prejudice. He said the traffic study is being required as a condition of approval; this is generally required prior to project approval to enable mitigating measures to be included in the conditions. He said the project is requesting more exceptions then there are public benefits from the project. Bruce Risley, President of Civic Action League, reiterated what he has previously said on this and the Waterman project; no sin- MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1988 PAGE 6 gle family residence or motel requesting a permit for construc- tion has the ability to pay for off-street parking. The LCP re- quires developments in the area pay the full cost of providing off-street parking. He also spoke regarding the impact of this project to the view of the Bay from the Centennial Stairway. Nancy Bast, 450 Fairview, stated Council should consider the im- pacts of parking and traffic congestion needs as a result of this and other projects being developed on the Embarcadero. Katherine Walling, Piney Way, encouraged Council to develop a plan for foot traffic on the Embarcadero as opposed to vehicular. Jim Maul stated a program for future parking is in the process by the City now. Mayor Reddell closed the hearing to the public. Councilmember Sheetz stated she has reviewed the staff report for the Coastal Commission consideration of the Waterman Project and it is questionable whether or not the Commission will accept the City's remedy for parking on these projects, which is in -lieu fees. Councilmember Lemons stated the in -lieu fee ordinance is not a reduction in standards or a substitution for parking; anyone par- ticipating in the ordinance has to sign an agreement they will not protest a parking assessment district in the future. Councilmember Donnelly asked if the sidewalk on Front Street side of the Gunther project could be eliminated and the entire area used for parking? Mr. Nichols stated this could be done and is one of the concepts presented. Councilmember Sheetz commented the Coastal Commission will re- quire a developer to provide a shuttle service if in -lieu parking is more than 1/2 mile away from the project. There was discussion regarding the staff recommendation for the applicant to provide a traffic impact study and whether or not Council should receive the study before approving the project and setting conditions. Ms. Skousen stated the study should be con- ducted and CEQA findings made before the project is approved so any mitigating measures suggested by the study can be included in the precise plan conditions. MOTION: Councilmember Sheetz moved this item be continued to the first Council meeting in January 1989 to allow the applicant time to provide the necessary traffic study before Council makes a decision on the project. The motion was seconded by Councilmember Odell. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1988 PAGE 7 Mr. Farrel stated it is necessary for Council to make a decision on this project within six months of the application being re- ceived; May 26, 1988. Ms. Skousen agreed and stated if no EIR is required, Council has to decide within the 6 month deadline or the project will be deemed automatically approved as submitted. Councilmember Sheetz was concerned the Farmer's Market restaurant as explained this evening will require additional parking and perhaps more water. Councilmember Sheetz withdrew her motion and Coun- cilmember Odell his second. MOTION: Councilmember Sheetz moved Council uphold the Planning Commission's recommendation to deny the project without prejudice, and the applicant re -assess his position and come back with a new proposal. The motion was seconded by Councilmember Odell. Councilmember Odell stated here are a number of things about the project he likes; however, he was concerned about doing the traf- fic study after approval of the project. Mr. Gunther objected to the requirement for a traffic study. He also stated he has never described the Farmers Market concept un- til this evening; the project presented stands as -is. Councilmember Lemons stated he will not support denial of the project and discussed alternative motions. The motion failed on the following roll call vote: AYES: Odell, Sheetz NOES: Donnelly, Lemons, Reddell Councilmember Lemons asked how long the requested traffic studies would take? Mr. Nichols stated approximately 2-3 hours. MOTION: Councilmember Lemons moved this item and the public hearing be continued to November 28, 1988 at which time the results of a traffic study will be available and a determination made on the CEQA findings. The motion was seconded by Councilmember Donnelly and unanimously carried by roll call vote. (5-0) Councilmember Donnelly reiterated his suggestion for deleting the sidewalk on Front Street and using it for a loading zone. Coun- cilmember Sheetz wished to have additional information on the Farmers Market uses pertaining to parking and water needs. • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1988 PAGE 8 B-4 PUBLIC HEARING ON RESOLUTION NO. 118-88 AUTHORIZING CITY ADMINISTRATOR TO EXECUTE DOCUMENTS FOR REAL PROPERTY EXCHANGE BETWEEN CITY AND M/M OGLE; VACANT PRIVATE PROPERTY ON EMBARCADERO NEAR GIANT CHESSBOARD AREA (APN 66-332-03- 964) AND VACANT CITY PROPERTY NEAR HIGH SCHOOL FRONTING ON ATASCADERO ROAD (PTNS. OF LOTS 15, 16, AND 17 IN BLOCK 27 OF ATASCADERO BEACH SUBDIVISION) Mr. Napper stated the APN numbers on this item are switched; the Ogle property APN is 66-321-08, and the City property is 66-332- 03. Alan Davis reviewed the exchange of Mr. Ogle's Property next to the Giant Chessboard on the Embarcadero for City -owned property on Atascadero Road near the Morro Bay High School. The City wishes to acquire the Ogle property to construct a public restroom and other visitor -serving amenities; Mr. Ogle desires to acquire the City's property because he owns property adjacent to it and the City's property provides Mr. Ogle road access to his property. He explained the appraisals on the property were approximately $2,000 apart; Mr. Ogle's property consists of 2,917 square feet and the City's is 10,190 square feet. Because the Embarcadero property is more valuable than the Atascadero Road property, and the properties are less than three percentage points difference in value, staff recommends approval of the exchange for public benefit. Mayor Reddell asked what the City could do with the property on Atascadero Road? Mr. Davis stated a convenience store or gas station could be located there; the value of the property would increase if Embarcadero were connected to Highway 41. Councilmember Donnelly asked if 66th Street will be abandoned by the City? Mr. Davis said it has been discussed but not proposed at this time; the property exchange does not include any portion of 66th Street. Mayor Reddell opened the hearing to the public for comments. Charles Palmer, 485 Estero, suggested someone was trying to hide something; he suggested the restroom be constructed on existing City property under the Centennial Stairway or on the Giant Chessboard Park. William Walter, 412 Higuera and attorney representing the Clois- ters property owners, submitted a letter which he requested be included in the record. He emphasized the impact the property exchange would have on his client's proposal to develop the Cloisters property and stated the exchange is inconsistent with MINUTES - MORRO BA�CITY COUNCIL • REGULAR MEETING - NOVEMBER 14, 1988 PAGE 9 the City's Coastal Land Use Plan and Circulation Element, and has had no CEQA review. Katherine Walling, Piney Way, opposed the property exchange; she has never seen the City gain in the property exchanges it has made in the past. Jim Nance, 250 Damar, asked questions regarding 66th Street, to which Mr. Davis responded. Bruce Risley, Piney Way, agreed with the City's objective to pro- vide a restroom on the Embarcadero and eliminate the one at the end of Morro Bay Blvd. However, he did not believe this property exchange is necessary. He said there is enough room next to the bluff to build the restroom; he opposes the Chessboard site for the restroom. Mayor Reddell closed the hearing to the public. Councilmember Odell asked if it is possible to construct the restroom against the bank? Mr. Wolter stated it would be much more expensive and has environmental concerns due to the presence of native willows and a natural spring. Councilmember Donnelly asked if the public will benefit more from the Embarcadero property or the Atascadero Road property? Mr. Davis believes the Embarcadero property is more valuable to the public's benefit. Councilmember Lemons asked Ms. Skousen to respond to Mr. Walter's letter. Ms. Skousen stated Mr. Walter objects to the fact there was no public hearing before the Planning Commission; there is no public hearing required. He disagrees with the Planning Commis- sion's finding; Council is entitled to rely on the Planning Com- mission's decision rather than this biased attorney. His com- ments regarding compliance with the Environmental Quality Act have no relevance. Councilmember Sheetz stated staff contends the subject of a prop- erty exchange between the City and Ogle has been going on for years; why has it not been completed before? Mr. Davis said lack of pursuit; other items regarding lease sites took precedence. Councilmember Sheetz asked what benefit the property exchange is to Mr. Ogle? Mr. Davis stated plottage: he has property with no highway frontage and the City's property gives him that frontage; access will increase the value of his parcel. Mr. Napper stated he originally pursued the property exchange after an inventory of City property was conducted a number of years ago. This City property was discovered next to Mr. Ogle's and he had the idea of exchanging it for Mr. Ogle's property on 4 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1988 PAGE 10 the Embarcadero. He said the Cloisters project was not even con- ceived at that time. MOTION: Councilmember Lemons moved for the adoption of Resolu- tion No. 118-88 as amended correcting the APN numbers. The motion was seconded by Councilmember Donnelly. Councilmember Sheetz asked if there is a defect because the num- bers were reversed? Ms. Skousen stated no, there is substantial information to the public and in the staff report that clearly identifies the parcels. Councilmember Odell stated there are still some things that are unclear; the City's parcel is three times the size of Mr. Ogle's, and the City's property as at the intersection of two highways. He stated he would not vote in favor of this item. The motion carried on the following roll call vote: AYES: Donnelly, Lemons, Reddell NOES: Odell, Sheetz Council recessed from 9:00 p.m. to 9:22 p.m. B-5 CONCEPT CONSIDERATION OF A BOND MEASURE FOR PUBLIC ACOUISI- TION OF "CLOISTERS" PROPERTY (80+ ACRES) AND/OR OTHER PROP- ERTIES FOR OPEN AREA HABITAT Mr. Napper stated the subject of public acquisition of the Clois- ters property has been raised in past considerations concerning this property. Civic Action League and Councilmember Sheetz re- cently requested the subject be agendized for public hearing. Some financing figures have been provided; however, it is not concrete information since property value has not been established. Mayor Reddell opened the hearing to the public for comments. Chuck Clarke, 2205 Nutmeg and Chairman of the Blue Ribbon Commit- tee studying the Cloisters area, spoke in favor of a bond issue to acquire this property. He said Council's charge to the Com- mittee was to not consider acquisition as an option, but the Com- mittee kept coming back to that possibility as a way to protect the open space and keep Area 2 in its natural state. William Walter, 412 Higuera and attorney for the Cloisters prop- erty owners, objected to the discussion concerning public acqui- sition of his client's property. He said it casts a cloud over the use, planning, and development of the property. He reminded Council 1/2 of the property in their present proposal is pre- served for public benefit and this without the requirement for the public to pay for it. He was concerned the City's process to MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1988 PAGE 11 down -zone the property will devalue it for any future purchase; if the City wants to buy the property, it should not be down - zoned and the City should pay just compensation on the fair mar- ket value under the existing zoning. Jim Nance, 250 Damar, stated Morro Bay citizens' first priority for the property is to leave it like it is; the public should be given the opportunity to purchase it. Nancy Bast, 450 Fairview, encouraged Council to consider a bond issue to purchase the property. She read a letter from Yolanda Waddell, President of the Small Wilderness Area Preservation (SWAP) dated November 14, 1988 with suggestions for acquiring the property. Charles Palmer, 385 Estero, stating the Council was flip-flopping back and forth between this issue and the necessity of passing Ordinance No. 338 rezoning the Cloisters property. He supports the idea of acquiring the property but suggested it will not pass because it requires a two-thirds positive vote. Bruce Risley, President of Civic Action League, spoke in favor of conserving the Cloisters area for open space. He noted SWAP's successful acquisition of the Los Osos Oaks area mainly through private donations. He acknowledged Council could not acquire the property without public support, but encouraged them to give the leadership necessary to form a citizens group to take on the project. "B" Rohan, Elm Street, was in favor of public acquisition of the property. Katherine Walling, Piney Way, commented on the acquisition of the Los Osos Oaks and how it was accomplished; she said she would buy the first bond. Mike Tomack, 665 Avalon, was in favor of preserving the property in its natural state. Ed Ewing, 223 Pacific, said Council should determine the price of the property before considering acquisition. Mayor Reddell closed the hearing to the public. Mayor Reddell asked who determines the value of the land? Ms. Skousen stated either through negotiation with the property own- ers, or the property could be taken through eminent domain. The City would have to offer to buy the property at the fair market appraisal. Mr. Napper stated another consideration is the maintenance and operation of the property. If the land is valued at $5 million, MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1988 PAGE 12 the annual cost to the property owner would be $85-109 per year for 25 years; if the cost is $10 million, it would be $170 to $219 per year for 25 years. He reminded Council of bond capacity the City may wish to reserve for other necessary projects. Councilmember Sheetz asked what the situation of the litigation would be if the Council pursues a bond issue? Ms. Skousen stated during any bond process the City cannot delay the Cloisters de- velopment application and must allow the property owners to go forward with their application. Councilmember Odell asked if a bond measure could purchase only a portion of the property? Ms. Skousen stated it is possible, but the City would have to be careful so the value of the property the City buys does not decrease or infringe upon the value of the remaining lands. Councilmember Donnelly stated while the idea of purchasing the property is meritorious, he does not believe the City should be the lead agency. He said if the City supports a bond issue, it would be better to support one on the Coastal Streams Diversion Project which is more beneficial to the public. The community should be encourage to pursue acquisition of the Cloisters prop- erty through private funding and grants. Mayor Reddell asked Mr. Walter if the money was right, would the property owner have an objection to the City purchasing the prop- erty? Mr. Walter stated it would depend on how long the process would take. Councilmember Sheetz stated she asked for this item to be agen- dized because many people have asked why purchase of the property has not been considered. Atascadero Beach Tract residents she has talked to stated they will support a bond measure only if the cost is no more than $100 per year. Jim Nance stated it would probably be faster to purchase this property than it will be for the property owners to obtain water. Councilmember Odell stated he would like to see someone start a non-profit organization to purchase the property. Councilmember Lemons stated the City is going to find a number of things that need to be purchased or replaced at budget time. If the cost of the Cloisters property is $5 million right now, it would amount to 12% of the City's present budget. That combined with the cost of replacing the sewer system as needed, streets,+ water projects will increase the City's current $8 million budget considerably. He does not believe the City should sponsor a drive to purchase this property, but said a community effort would be fine. MINUTES - MORRO BAPCITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1988 PAGE 13 MOTION: Councilmember Donnelly moved Council go on to the next item. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) B-6 CONTINUED PUBLIC HEARING FOR AMENDMENTS LOCAL TO COASTAL PROGRAM, PLANNING AREA 5 (CASE NO. LUP/ZOA 02-88; P.G.&E.. DEN-DULK, AND CITY PROPERTIES) CONTINUE HEARING TO NOVEMBER 28TH Mr. Napper explained staff has been unable to develop and produce the necessary text for Planning Area 5; he requested Council con- tinue the item to the December 12, 1988 meeting. He also explained a procedural deficiency on the Council's action regarding rezoning the Cloisters property. He said the "CRR" (coastal resource residential) and "GC" (golf course) land use designations and zoning ordinance text amendments were not for- mally considered by the Planning Commission at a noticed public hearing. The Planning Commission will hear this item at their November 21st meeting, and Ordinance No. 338 will return to Coun- cil on November 28th for second and final reading. Mayor Reddell opened the public hearing on Planning Area 5 for public comment; there were no comments. MOTION: Councilmember Sheetz moved the hearing be continued to December 12, 1988. The motion was seconded by Coun- cilmember Lemons and unanimously carried. (5-0) B-7 CONTINUED PUBLIC HEARING ON NORTH MAIN STREET SPECIFIC DRAFT PLAN, SUB -AREAS C AND D. HIGHWAY 41 TO ELENA STREET (LCP/GPA/ZOA 01-86A) Mr. Napper stated Johanna Varland, Special Projects Planner, was unable to attend this evening's meeting and suggested the item be opened for public hearing but continued to the next meeting. Mayor Reddell opened the hearing to the public for comments; there were no comments. MOTION: Councilmember Sheetz moved the hearing to continued to November 28, 1988. The motion was seconded by Coun- cilmember Donnelly and unanimously carried. (5-0) C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 334 AMENDING PERS CONTRACT TO PROVIDE FOR UNUSED SICK LEAVE CREDIT RETIREMENT BENEFIT (CHAPTER 2.44) SECOND READING/ADOPTION Mr. Henderson stated Ordinance No. 334 is before Council for sec- ond and final reading. It amends the agreement between the City MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1988 PAGE 14 and Public Employees Retirement System to provide unused sick leave retirement credit for members of the City's miscellaneous bargaining unit. MOTION: Councilmember Sheetz moved Ordinance No. 334 be read by title and number only. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) Mr. Napper read Ordinance No. 334 by title and number only. MOTION: Councilmember Sheetz moved for adoption of Ordinance No. 334 as second and final reading. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) C-2 FUNDING AUGMENTATION FOR ENVIRONMENTAL IMPACT REPORT AND WATERSHED SURVEYS FOR COASTAL STREAMS DIVERSION AND STORAGE JOINT PROJECT WITH WHALE ROCK COMMISSION Mr. Nichols stated Council has previously taken action to provide funding and enter into an agreement with the Whale Rock Commis- sion to develop an EIR for the Coastal Streams Diversion Plan. Since that time, the Department of Fish and Game has outlined ad- ditional studies necessary to be covered in the EIR to satisfy their requirements. The cost for these additional studies is $75,000 of which Morro Bay is obligated to pay half. The Whale Rock Commission approved their matching amount at their meeting of November 9th. Councilmember Sheetz asked about the requirement in the Scope of Work to look for alternative storage facilities. Mr. Nichols stated the Whale Rock Commission would like alternative storage sites to be evaluated for use instead of Whale Rock Reservoir. MOTION: Councilmember Lemons moved Council authorize the execu- tion of the contract with Leedshill-Herkenhoff for the appropriate studies for the Coastal Streams Diversion and Storage Project; and, allocate $37,500 from the New Water Production Reserve Account to this water project. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) D. NEW BUSINESS •-1 RESOLUTION NO.:: � ._3S0�I�i�L•3•i.LEASE 7.2►�I�•l:til�i7.11114y'!•J1:_ FOR LEASE SITE 91 2W (AN12ERSON; DBA GALLEY ON THE BAY RESTAURANT) TO CITY MASTER LEASE AGREEMENT WITH EXTENDE12 4. Alan Davis stated the Andersons currently operate• under an old County lease which expires in 1991 but has an option to renew for 20 years or less. The parties are proposing to enter into a new MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 14, 1988 PAGE 15 City Master Lease with conditions. Maintenance obligations are being addressed by soliciting construction bids at this time; plans have been approved by the City and the Corps of Engineers. The new lease calls for construction and repairs to be completed within 120 days. Other provisions in the new lease are a term of 35 years, residential use restricted only to the Anderson family, allowing the lease to be transferred within the Anderson family with the same terms as the new lease. Councilmember Odell asked if the residential use is in accordance with requirements of the State Lands Commission? Mr. Davis stated staff would like the residential uses phased -out; the lease provision does that while allowing the Andersons to con- tinue usino it for residential purposes. MOTION: Councilmember Sheetz moved for adoption of Resolution No. 129-88. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) D-2 CONSIDERATION OF AUTOMATIC OR MECHANIZED COUNCIL VOTING DEVICE Mr. Napper stated this item was agendized at the request of Coun- cilmember Lemons. He noted the City of San Luis Obispo recently installed an electronic voting system for $2,000. He explained how such a system works. The purpose is for all Councilmembers to register their votes without knowing how others are voting; the votes will be made public on a display board after all votes are cast. MOTION: Councilmember Sheetz moved Council instruct staff to develop an electronic voting system adaptive to the Veteran's Hall Council Chambers, and for staff to re- turn with a report describing the recommended system and pricing for Council's approval and allocation of funds. The motion was seconded by Councilmember Donnelly and unanimously carried. (5-0) F. MOTION: Councilmember Sheetz moved The motion was seconded by unanimously carried. (5-0) The meeting adjourned at 10:32 p.m. Recorded by: ARDITH DAVIS City Clerk the meeting be adjourned. Councilmember Donnelly and /D a�- 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. REGULAR MEETING - OCTOBER 24, 1988 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so by standing. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. 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 OF THE ADJOURNED REGULAR MEETING OF OCTOBER 3, 1988, AND THE REGULAR MEETING OF OCTOBER 10, 1988 A-2 EXPENDITURE REPORT - SEPTEMBER 1988 A-3 STATEMENT OF INVESTMENTS - SEPTEMBER 1988 A-4 SET HEARING (NOVEMBER 14TH) FOR APPEAL OF PLANNING COMMISSION DENIAL OF CUP 44-88, FISH SHANTY RESTAURANT/ GI FTSHOP, LEASE SITE 134-136 (DAVID ROSS) A-5 CERTIFICATION OF PUBLIC RIGHT-OF-WAY OWNERSHIP FOR FAU TRAFFIC SIGNAL PROJECT AT MAIN STREET AND QUINTANA ROAD INTERSECTION A-6 RESOLUTION NO. 119-88 APPROVING ADDENDUM TO LEASE AGREEMENT FOR LEASE SITES 102/102W AND 105.1W/105.2 (DEGARIMORE, CENTRAL COAST SEAFOODS) AND CONSENT TO TEMPORARILY SUBLEASE A PORTION OF LEASE SITE TO ABALONE UNLIMITED RESEARCH, INC. FOR RAISING ABALONES A-7 RESOLUTION NO. 118-88 AUTHORIZING CITY ADMINISTRATOR TO EXECUTE DOCUMENTS FOR REAL PROPERTY EXCHANGE BETWEEN CITY AND M/M OGLE; VACANT PRIVATE PROPERTY ON EMBARCADERO NEAR GIANT CHESSBOARD AREA (APN 66-332-03-964) AND VACANT CITY PROPERTY NEAR HIGH SCHOOL FRONTING ON ATASCADERO ROAD (PTNS. OF LOTS 15, 16, AND 17, IN BLOCK 27 OF ATASCADERO BEACH SUBDIVISION) 6 6 A-8 REALLOCATION AND APPROPRIATION OF FUNDS FOR VARIOUS PARK PROJECTS, AND AUTHORIZATION TO REQUEST PROPOSALS FOR TIDELANDS PARK WORKING DRAWINGS A-9 DENIAL OF REQUEST FOR ON -STREET PARKING PROHIBITION ON HARBOR STREET, BETWEEN MARKET AND MORRO AVENUES (BAYVIEW LODGE; SPINELLI) B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 RESOLUTION NO. 127-88 AND ORDINANCE NO. 338 AMENDING LOCAL COASTAL PROGRAM, SUB -AREAS 2 AND 5 (CASE NO. LUP/ZOA 02-88; CLOISTERS AND SURROUNDING PROPERTIES) B-2 PROTEST HEARING FOR FORMATION OF PROPERTY OWNERS INITIATED ASSESSMENT DISTRICT FOR MIMOSA STREET IMPROVEMENTS AND AWARD OF CONTRACT FOR STREET CONSTRUCTION B-3 RESOLUTION NO. 120-88 PROHIBITING ALCOHOL CONSUMPTION AND POSSESSION IN MORRO BAY "CITY" PARK AND ADJACENT PUBLIC SIDEWALKS B-4 HEARING FOR APPEAL OF PLANNING COMMISSION APPROVED CUP 32-88/CDP 80- 88R, ROOFING BUSINESS STORAGE YARD/SECURITY QUARTERS AT 1045 ALLESANDRO (MONTGOMERY, APPLICANT; POLLICK/SCHONEMAN, APPELLANTS) B-5 RESOLUTION NO. 125-88 AMENDING CENTENNIAL PARKWAY MASTER PLAN, AND RESOLUTION NO. 126-88 AMENDING DEL MAR PARK MASTER PLAN B-6 CONTINUED PUBLIC HEARING ON APPEAL TO PLANNING COMMISSION DENIAL OF CUP 23-88/CDP 69-88R ("THE MARKET PROJECT", 870 EMBARCADERO; GUNTHER, APPELLANT) B-7 CONTINUED PUBLIC HEARING ON NORTH MAIN STREET SPECIFIC DRAFT PLAN, SUB -AREA C (LCP/GPA/ZOA 01-86A) C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 333 AMENDING MUNICIPAL CODE TO PROVIDE FOR POST REIMBURSEMENT TRAINING FOR PUBLIC SAFETY DISPATCHERS (CHAPTER 2.36) SECOND READING AND ADOPTION C-2 ORDINANCE NO. 335 AMENDING CERTAIN PROVISIONS OF PUBLIC PURCHASING AND BID OPENING PROCEDURES (CHAPTER 3.08) SECOND READING AND ADOPTION C-3 ORDINANCE NO. 337 ESTABLISHING PARKING IN -LIEU FEES UNDER THE PARKING MANAGEMENT PLAN (ZONING ORDINANCE AMENDMENT 03-88, CHAPTER 17.44, PARKING) SECOND READING AND ADOPTION C-4 CONSIDERATION OF PROPOSED EMERGENCY MEDICAL SERVICES FUNDING BALLOT MEASURE FOR EXISTING CITY SERVICES (EMT II) AND UPGRADE TO PARAMEDIC SERVICES D. NEW BUSINESS NONE 0 E. CLOSED SESSION E-1 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION, CIVIC ACTION LEAGUE VS. CITY OF MORRO BAY • J' w + _ 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. 0 6 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1988 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Reddell called the meeting to order at 6:03 p.m. ROLL CALL PRESENT: Dale Reddell Paul Donnelly John Lemons Jeff Odell Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Judy Skousen Alan Davis Bill Farrel Nick Nichols Steve Wolter Bernie Zerr Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Harbor Director Community Develop. Dir. Public Works Dir. Recreation & Parks Dir. Fire Chief City Clerk Reverend Jim Kennemur gave the invocation, and Horace Strong led the Pledge of Allegiance. PUBLIC COMMENT 1. Charles Palmer, 485 Estero, stated the status of City wells in the Chorro Basin are low enough to allow sea water in- trusion. Mr. Palmer requested Council not act on Item A-7, Ogle land swap. He said in the early days a lot of City property was traded and each time the City gave away more land than it re- ceived. He requested Council schedule the matter for a public hearing. 2. Katherine Walling, Piney Way, agreed with Mr. Palmer; she said there are four instances in the past when the City came up short on land exchanges. 3. William Walter, Cloisters property owner attorney, agreed Item A-7 should be studied further and not be acted upon by Council. He said the property exchange involves property cited for improvement for a Highway 41 collector street to and from the Cloisters property, and the LCP requires this property for access. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1988 PAGE 2 DECLARATION OF FUTURE AGENDA ITEMS 1. Councilmember Sheetz requested the City Administrator prepare the necessary data to explore public acquisition of the Cloisters property. Mr. Napper stated he has received a request from the Citizens Action League on this subject and intends to agendize the item for November 14th. A. CONSENT CALENDAR Mr. Napper recommended Council approve the minutes as submitted. A-2 EXPENDITURE REPORT - SEPTEMBER 1988 Mr. Napper recommended Council approve the Expenditure Report. A-3 STATEMENT OF INVESTMENTS - SEPTEMBER 1988 Mr. Napper recommended Council receive the Statement of Invest- ments for file. A-4 SET HEARING (NOVEMBER 14TH) FOR APPEAL OF PLANNING COMMIS- SION DENIAL OF CUP 44-88, FISH SHANTY RESTAURANT/GIFTSHOP. LEASE SITE 134/136 (DAVID ROSS) Mr. Napper recommended Council set the appeal hearing for 14 November 1988, and instruct staff to prepare the notices and reports. A-5 CERTIFICATION OF PUBLIC RIGHT-OF-WAY OWNERSHIP FOR FAU TRAFFIC SIGNAL PROJECT AT MAIN STREET AND QUINTANA ROAD Mr. Napper recommended Council adopt Resolution No. 113-88. Mr. Napper recommended Council adopt Resolutions No. 119-88 and 128-88. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1988 PAGE 3 A-7 RESOLUTION NO. 118-88 AUTHORIZING CITY AD141MISTRATOR TO EXECUTIVE DOCUMENTS MR REAL PROPERTY EXCRANGE BETWEEN CITY AND MDJ OGLE; VACANT PRIVATE PROPERTY ON EKBARCADERO NEAR GIANT CHESSBOARD AREA (APN 66-332-03-964) AND VACANT CITY PROPERTY HEAR HIGH SCHOOL FRONTING ON ATASCADERO ROAD (PTNS, Mr. Napper recommended Council adopt Resolution No. 118-88. A-8 REALLOCATION AND APPROPRIATION OF FUNDS FOR VARIOUS PARK PROJECTS, AND AUTHORIZATION TO REQUEST PROPOSALS FOR TIDE- LANDS PARK WORKING DRAWINGS Mr. Napper recommended Council increase the FY 88-89 Park In -Lieu Budget by $35,000; that $4,500 be allocated from this fund to the Del Mar Park North Recreation Area project, $44,000 be allocated from this Fund to the "City" Park Restroom/Bus Stop Waiting Area project, and $35,000 be allocated from this Fund to the Tidelands Park Recreational component project; and, Council authorize staff to release a Request for Proposal (RFP) for design drawings to Tidelands Park. A-9 DENIAL OF REQUEST FOR ON -STREET PARKING PROHIBITION ON HARBOR STREET, BETWEEN MARKET AND MORRO AVENUES (BAYVIEW LODGE: SPINELLI) Mr. Napper recommended Council deny the on -street parking prohi- bition request by Robert Spinelli. Councilmember Lemons stated he would abstain from approval of the minutes since he did not attend the last meeting. Councilmember Sheetz requested Item A-7 be pulled for separate discussion. MOTION: Councilmember Donnelly moved for approval of the Con- sent Calendar with the exception of Item A-7. The mo- tion was seconded by Councilmember Sheetz and carried with Councilmember Lemons abstaining on approval of the minutes. A-7 RESOLUTION NO. 118-88 AUTHORIZING CITY AD14INIS EXECUTIVE DOCURIMS FOR REAL PROPERTY EXCHANGE BETWEEN C AND NIN OGLE: VACANT PRIVATE PROPERTY ON MMARCADER0 GIANT CHESSBOARD AREA (AP_N 66-332-03-964) AND VACANT C1 PROPERTY NEAR HIGH SCHOOL FRONTING ON ATASCADERO ROAD ( Councilmember Sheetz stated she received several inquiries as why this matter was not scheduled as a public hearing. She k1no MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1988 PAGE 4 Council discussed the matter in Closed Session, but believes the public should have an opportunity to comment. She asked if there were any time constraints on the approval of the land exchange? Mr. Napper stated no. MOTION: Councilmember Sheetz moved this item be set for a pub- lic hearing as soon as possible. The motion was sec- onded by Councilmember Odell. Councilmember Lemons asked what Councilmember Sheetz concerns are regarding the property exchange? Councilmember Sheetz stated one item is the matter of 66th Street and whether or not it has been dedicated. Alan Davis stated 66th Street has not yet been abandoned, however, it is proposed for vacation. He also noted the matter was a subject of Planning Commission considera- tion on 2 occasions. Councilmember Sheetz called for the question. Mayor Reddell stated he has no problem scheduling the matter for a public hearing, but does have a problem with the Cloisters at- torney being interested in this subject. The motion was unanimously carried by roll call vote. (5-0) Mr. Farrel stated Council directed, at their October 3rd hearing on this item, staff prepare text and map changes for Areas 2 and 5 in accordance with action taken at that meeting. Included in the packet for Council consideration is a proposed Resolution adopting amendments to the Local Coastal Program Land Use Plan text and map for Planning Area 2, and Ordinance No. 338 amending the Zoning Ordinance text and map for Area 2. He said final lan- guage and map changes for Area 5 are not included at this time due to time constraints; he recommended Council continue the hearing for action on formal documents regarding Area 5. Mr. Farrel reviewed the LUP Plan Map Amendments in Resolution No. 127-88 which were drawn according to Council instructions. He said the environmentally sensitive habitat has been modified to reflect the eastward migration of the sand dunes. The northerly two-thirds of the Cloisters property has been zoned Limited Den- sity Residential/Golf Course/Planned Development (CRR/GC/PD), the southerly one-third of the property is Mariculture and Marine Re- search/Limited Density Residential/Golf Course/Planned Develop- MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1988 PAGE 5 ment (MMR/CRR/GC/PD). The property which contains the Morro Bay High School campus has been designated School (SCH). Mr. Farrel reviewed Figure 5a depicting a Mixed Use Area "G" which is the "Cloisters" property; the text of the Resolution has a lengthy description of the arrangement of uses to be allowed in that area. He also commented on Figure 32 of the Resolution which designates the public view corridor; he said the only uses in this area are golf course or passive recreation with maricul- ture grow -out tanks allowed in the southerly one-third of the view corridor. Councilmember Lemons questioned Ordinance No. 338, page 5, §17.31.050, 17.32,.060, and 17.32.120 concerning minimum building site, lot width and lot area per unit; the 20,000 square feet for minimum building site is not consistent with his recollection of Council deliberations to allow clustered development with density credits. Mr. Farrel stated the zone created to cover the one- half acre density is a new zone and defines what will be built outside the viewshed; however, the area is also zoned Planned De- velopment which gives the property owner the opportunity to apply for development of 6,000 square foot lots with clustering at the north and south end of the property. Mayor Reddell stated, for the public's information, the Council is not approving building homes in this area as implied by the news media; Council is considering a new land use zoning, and no new homes will be constructed as a direct result of Council action. Councilmember Lemons questioned the LCP Text Amendments, page 4 2.b allowing structures up to 14 feet above the natural grade. He said if it is necessary to provide three feet of fill for ade- quate drainage, the structure could only be 11 feet high. Mr. Farrel stated the standard would be applied to post -grading re- quirements. Ms. Skousen pointed out §17.12.310 of the Morro Bay Municipal Code already states height limits will be determined by the natural grade as of January 1, 1986. She suggested an amend- ment to Exhibit A, LCP Text Amendments, 2.b to state, "Structures shall be limited to single story in height and shall not exceed 14 feet above grade pursuant to Morro Bay Municipal Code §17.12.310, and as hereafter amended". Mr. Napper requested Council adopt any motion to that effect not- ing the desirability to make amendments to proposed Ordinances before a public hearing is held; if the changes are made after the public hearing, another hearing will be required on the amended ordinance. MOTION: Councilmember Lemons moved Resolution No. 127-88, Ex- hibit A, LCP Text Amendments, page 4, 2.b. be amended to eliminate the word "natural" and add, "pursuant to MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1988 PAGE 6 Morro Bay Municipal Code §17.12.310 and as hereafter amended; the amendment is to be inserted where applica- ble in Resolution No. 127-88 and Ordinance No. 338. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) Mayor Reddell opened the hearing to the public for comments. Bill Walter, attorney representing the Cloisters owners, referred to his correspondence dated October 24, 1988 and asked it be in- cluded in the record. He said the correspondence includes tech- nical responses to the staff report and additional materials re- garding his client's proposal pending before the City to allow low -density residential on their property. He said the new zone established by Council should be referred back to the Planning Commission according to Government Code §65857, and reminded Council they referred previous changes to the Planning Commission for recommendation. He also reviewed the view analysis prepared by their planning firm of Site and Environmental Design (SEDES) which demonstrates development can occur in the secondary view corridor without impairing views; although a 14k foot height limit may be needed in some areas, a height in excess of 17 feet could be allowed in the more northerly area. Mr. Walter objected to the requirement there be no construction in the south end of the property until development is complete in the north end; he said Council determined at their meeting on October 3rd a desalinization plant could be constructed in the southern portion and this has not been included in the amend- ments. Regarding the Highway 41 and the installation of a col- lector street, their present understanding is the improvements would not have to be made during the first phase of development. He also requested an area of the view corridor be allowed for de- velopment, and referenced to the SEDES report for verification of the minimal impact to view. He asked if the ESH set out in the City's maps was a literal boundary or if it is subject to stud- ies? Mr. Farrel stated it is a generalized configuration and specific lines would be drawn at the time of development proposals. Mr. Walter requested whatever is done in terms of on -site and off -site improvements be reasonably related to what the first phase is. He also believed the 14 foot height limitation is too restrictive and requested 17 feet be allowed based on the SEDES analysis. He said his clients believe an overall density accept- able to them would be in the area of 173 lots, identical to the land's earlier subdivision. Charles Palmer, 485 Estero, said establishing 2 houses per acre over the entire Cloisters property might provide a sufficient view corridor. He also believed the property owners should pro- vide and manage their own water in the form of reverse osmosis. • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1988 PAGE 7 Tom Wuriu, Juniper, stated very few desalinization plans are in operation for residential uses and suggested Council explore the matter more thoroughly before allowing it. He also believed the owners should be locked into maintaining, operating, and provid- ing water for the development. Mary Phillips, Ironwood, said water is the responsibility of the City. She said it has not been proven desalinization is not a detriment to people's health; brine from the plant pumped back into the ocean will also kill the fish. The heavy metals from the water will also hurt the sewage treatment plant process. Katherine Walling, Piney Way, said pampas grass is growing in the area and should be eradicated; it ruins the sand dunes. Dennis Orr, 171 Verdon, stated desalinated water takes polluted water and purifies it to approximately 99.9%. He said if desali- nated water costs $1100 per acre foot, that is 3/10G per gallon. He said this is the same water the vending machines at the Williams Brothers shopping center sell where one can fill their own containers at 350. He said let them build and give the City a desal plant. The hearing was closed to the public. Councilmember Sheetz asked Mr. Nichols to comment on Mr. Orr's statements regarding desalinization. Mr. Nichols stated the pro- cess works, but at a very high cost. He stated he has requested information regarding a proposed plant from the Cloisters people, but has received no response to date. Councilmember Lemons asked if a desalinization plant is a permit- ted use under the current and/or proposed zoning? Ms. Skousen stated it is not a permitted use, but it is a conditionally per- mitted use; the developer would have to go through the planning procedures to obtain a special use permit. Councilmember Odell asked if the City would be required to pro- vide the residents of the development with water if they were al- lowed a desalinization plant and the plant malfunctioned. Ms. Skousen stated it is a problem; once the City allows them to build, the City has a responsibility to provide services. Mayor Reddell asked what is the approximate life of a desaliniza- tion plant? Mr. Nichols stated maybe 15 to 20 years. Mayor Reddell asked if the City can continue to negotiate with the property owners regarding their concerns after Council adopts the Resolution and Ordinance? Ms. Skousen said yes, nothing pre- cludes Council from changing their position on the Ordinance or Resolution prior to Coastal Commission certification. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1988 PAGE 8 MOTION: Councilmember Lemons moved for adoption of Resolution No. 127-88 as amended. The motion was seconded by Councilmember Donnelly. There was discussion on the amendment. At this point Charles Palmer interrupted the proceedings to suggest a Council conflict of interest. Mayor Reddell repeatedly asked him to sit down as the public hearing had been closed. Mr. Palmer initially refused to do so. The motion carried on the following roll call vote: AYES: Donnelly, Lemons, Reddell NOES: Odell, Sheetz MOTION: Councilmember Lemons moved for reconsideration of the previous motion. The motion was seconded by Coun- cilmember Donnelly. Councilmember Lemons stated Councilmember Sheetz voted "no" on approval of Resolution No. 127-88 without an explanation; he heard no objections from her to anything in the Resolution. Councilmember Sheetz said she has already explained that she re- quested an agenda item to discuss placing acquisition of the property before the voters on a bond issue. Mayor Reddell asked what are the ramifications of the City's liability on the lawsuit if this item is not approved this evening? Mr. Napper asked Council to dispense with the motion for reconsideration before continuing discussion. The motion carried on the following roll call vote: AYES: Donnelly, Lemons, Odell, Reddell NOES: Sheetz MOTION: Councilmember Lemons moved Council rescind approval of Resolution No. 127-88 in order to give Councilmember Sheetz an opportunity to discuss the changes she would like to see in the Resolution. The motion was seconded by Mayor Reddell. Councilmember Lemons stated the original action on the Resolution will be officially recorded as a 3-2 vote. He said if Coun- cilmember Sheetz wished to suggest something other than the pro- posed Resolution, he would like to hear it. Councilmember Sheetz did not believe the way the property is be- ing cut-up is in the best interests of the public or the property owners; the City has created a vast wasteland in the center of the property with the view corridor. She previously asked what passive recreational uses would be allowed in the view corridor MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1988 PAGE 9 and the response was hiking. She wanted more information on what will occur in the view corridor. Councilmember Lemons stated if the Council does not approve the Resolution by the deadline, the existing R-1 zoning will remain in place and the City will be faced with 4 to 7 units per acre density. Councilmember Lemons called for the question. The motion carried on the following roll call vote: AYES: Lemons, Odell, Reddell NOES: Donnelly, Sheetz Ms. Skousen stated it is very important Council make a decision this evening in order for the LCP/LUP amendment to be forwarded to the Coastal Commission for their certification prior to the expiration of the interim moratorium. The applicants have filed a vested tentative tract map, and if Council does not approve the modified zoning prior to the expiration of the moratorium, their development application is processed under the current R-1 zon- ing, contrary to Council's determinations this evening. Mayor Reddell stated if Council fails to make a decision tonight, it is possible to end up with 210 houses on the property. Coun- cilmember Sheetz restated her concerns about the view corridor becoming a wasteland, and asked if a marine research center can be placed along with houses? Mr. Farrel said yes, that is possi- ble under the proposals before Council. He also stated part of the arguments surrounding this property is to leave it the way it is in its natural state; an alternative could be a park or golf course. He said the PD zone gives the City the opportunity to decide how all the land in the area will be treated. Mr. Napper emphasized the urgency for Council to act this evening on the rezoning of this property in order to have it in place be- fore the moratorium expires. In reference to the suggested "vast wasteland" in the center, he said if the City through a bond mea- sure publicly acquired the property, many people want the prop- erty to remain in its natural present state and purchased for that express purpose. He also mentioned the City's existing Land Coastal Program contains a policy that encourages clustered de- velopment and houses of varying height on the "Cloisters" prop- erty. Councilmember Sheetz expressed concerns about maintaining the center section with construction on either end; people dump their trash in this area and further abuse of the land might oc- cur through camping, etc. Councilmember Sheetz pointed out the motion to adopt the Resolu- tion carried; her "no" vote would not prevent the item from ap- pearing before the Coastal Commission. However, her concerns MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1988 PAGE 10 have been addressed and fears put aside; she suggested Coun- cilmember Lemons restate his motion. MOTION: Councilmember Lemons moved for adoption of Resolution No. 127-88. The motion was seconded by Councilmember Donnelly. Councilmember Odell stated his objection to the Resolution is al- lowing residential development in the southern end of the prop- erty; he does not favor residential tracts on the beach. The motion carried on the following roll call vote: AYES: Donnelly, Lemons, Sheetz, Reddell NOES: Odell MOTION: Councilmember Donnelly moved Ordinance No. 338 be read by title and number only. The motion was seconded by Councilmember Lemons and unanimously carried by roll call vote. (5-0) Mr. Napper read Ordinance No. 338 by title and number only. MOTION: Councilmember Donnelly moved for approval of the first reading of Ordinance No. 338 as amended. The motion was seconded by Councilmember Lemons and carried with Councilmember Odell voting no. (4-1) -E ADDtno•) APPQcvcD [3`/ Coun)c<<- Di.) (Arv4cH60) B-2 PROTEST HEARING FOR FORMATION OF PROPERTY OWNERS INITIATED ASSESSMENT DISTRICT FOR MIMOSA STREET IMPROVEMENTS AND AWARD OF CONTRACT FOR STREET CONSTRUCTION Mr. Nichols reviewed Council's previous actions pertaining to this assessment district. On September 12th Council approved preliminary assessments and advertising the project for bid; this evening was set as the date to receive protests to the formation of the Mimosa Street Assessment District. Mr. Nichols stated if enough property owners representing a ma- jority of the land in the district protest the assessment dis- trict, Council has the authority to override the protests by a 4/5ths vote. To date, property owners representing a total of 19% of the land in the assessment district have protested its formation. Terry Orton, Engineer of Work, stated he prepared the plans for improvements to Mimosa Street including curbs, gutters and drive- way approaches; the City Engineer has approved the plans. He said he would answer questions. Councilmember Odell asked if Council is obligated to adopt the proposed resolutions if a majority protest is not received. MEMORANDUM ��' g' 89 TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY CLERK DATE: 30 NOVEMBER 1988 SUBJECT: CORRECTION TO MINUTES OF 24 OCTOBER 1988 On October 24, 1988, Council held a public hearing on Resolution No. 127-88 and Ordinance No. 338 amending the Local Coastal Program, Planning Areas 2 and 5 (Case No. LUP/ZOA 02-88; Cloisters and surrounding properties). At that hearing Council made several motions: adoption of Resolution No. 127-88, approval of first reading of Ordinance No. 338, and continuing the public hearing on Planning Area 5 to November 14, 1988. The minutes, however, do not reflect Council's action to continue the hearing on Planning Area 5. Upon review of the tapes and my notes, I find this motion was inadvertently left out of the minutes. I have, therefore, prepared an amendment to those minutes for your approval in order to maintain an accurate record. RECOMMENDATION That Council approve the minutes of October 24, 1988 as amended. ARDITH DAVIS City Clerk ad MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1988 PAGE 10 have been addressed and fears put aside; she suggested Coun- cilmember Lemons restate his motion. MOTION: Councilmember Lemons moved for adoption of Resolution No. 127-88. The motion was seconded by Councilmember Donnelly. Councilmember Odell stated his objection to the Resolution is al- lowing residential development in the southern end of the prop- erty; he does not favor residential tracts on the beach. The motion carried on the following roll call vote: AYES: Donnelly, Lemons, Sheetz, Reddell NOES: Odell MOTION: Councilmember Donnelly moved Ordinance No. 338 be read by title and number only. The motion was seconded -by Councilmember Lemons and unanimously carried by roll call vote. (5-0) Mr. Napper read Ordinance No. 338 by title and number only. MOTION: Councilmember Donnelly moved for approval of the first reading of Ordinance No. 338 as amended. The motion was seconded by Councilmember Lemons and carried with Councilmember Odell voting no. (4-1) MOTION: Councilmember Sheetz moved the public hearing on Planning Area 5 be continued to the November 14, 1988 Council meeting. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1988 PAGE 11 Robert Haight, bond counsel for the project, stated Council is not obligated to adopt the resolutions if a majority land protest is not received. Council must consider any written and/or oral protests before proceeding. Mr. Haight requested Council make some corrections to the "Engineer's Report for Mimosa Street Assessment District" which has been included in their packet. The notices sent to property owners cited a total assessment cost of $167,667.36; after bids were received, an item was added to the cost for condemnation and acquiring street right-of-ways. The Appraisal of Property fig- ures need to be changed from $20,754.00 to $1,760.97 since the costs cannot increase without additional proper notice to the property owners, a step to avoid at this stage. He changed the figures in various sections of the Engineer's Report reducing the amounts by $18,993.03 in each case. He also stated the informa- tion from the Engineer of Work stating the interest rate on bonds is not to exceed eight percent (8%) should be corrected to read twelve percent (12%). Mr. Haight stated after the public hearing, Council should con- sider adoption of the Resolutions which would overrule the protests, adopt the Engineer's Report, confirm the assessment and order the acquisition and construction of improvements, award the contract, and designate the collection officer. If Council ap- proves the Resolutions, property owners are allowed to pay all or any portion of their assessment in cash before it is placed on their property tax bills in which case there may be a 6-10% re- duction for individual property owners paying the annual assess- ment since that portion will not go to bond. He also explained the process for unpaid assessments and the method for paying off unpaid assessments. The assessments will be assumable and the property may be sold with the assessments on the property. Mayor Reddell opened the hearing to the public for comments. Colin Maclean, resident in Menlo Park and Mimosa Street Assess- ment District property owner, said he protests at this time; how- ever, he does not object to the entire project. He stated inade- quate notice was given as he had received information from Mr. Orton less than one month ago. He does not believe a storm drain is needed in the project, and asked why the street has to be an urban downtown type of street. The cost will be over $2,000 the first year on top of regular taxes, and with the low interest rate, it is not worth paying off the assessment. Mr. Maclean stated the project will increase the assessed value of his lot, and next year his taxes will also be higher because of the im- provement. Also, the improvements will not increase the salabil- ity of his lot because of the City's water problem. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1988 PAGE 12 Paul Price, 2045 Ironwood, stated he owns the street proposed for improvements. He requested the hearing on this item be continued because his attorney is unable to be present. He said he is against the assessment district; it is unfair to him. He does not access his property from Mimosa but from Ironwood. If the assessment district does go forward, he would prefer a cul-de-sac as opposed to a through street to Ironwood. He said there are 3 churches and a condominium on Ironwood; connecting Mimosa to Ironwood would add too much traffic on Mimosa. Jamie Karl, 548 Manzanita Drive, Los Osos, discussed Indian burial grounds and human remains found in the Mimosa Street site and removed. He has recovered the remains with the help of the Public Works Director and requested Council designate an area for the remains to be reinterned near where they were found. Mrs. Price objected to Mimosa connecting to Ironwood and re- quested a cul-de-sac be constructed instead; she believed it would reduce traffic and speed on the street. She also objected to the price the City is willing to pay the Prices for Mimosa Street ($4,500) and cited one lot on Mimosa is selling for $98,000. She requested she and her husband be left out of the assessment district, a cul-de-sac be made on Mimosa to block Mimosa from Ironwood, and the City pay a fair price for their property. Twila Breen, representing the Aldridge property, submitted and read from her letter dated October 24, 1988. She said the propo- nents of the assessment district consider Mimosa in its present state to be very dangerous. They are unable to continue with plans to build homes or even submit plans because of the condi- tion of the street and are therefore being denied the right to use their property. Councilmember Odell asked if she favored a cul-de-sac? Ms. Breen stated she does not personally object to one. Mary Sequeira, 995 Napa, stated she owns the property on the cor- ner of Ironwood and Mimosa. She approves of the assessment dis- trict, but disagrees with a cul-de-sac because of possible in- fringement on her corner property. Chet Amyx, 550 Mimosa, stated Mimosa Street has been in a haz- ardous condition since he has lived there; he fully favors the assessment district. Richard Atchley, 2059 Ironwood, spoke in favor of the assessment district, and noted if it is not done by them, it will be done by the City sometime at taxpayer cost. Mrs. Price stated Mr. Atchley has access on Ironwood and has never been given permission to use Mimosa. Ms. Breen stated Mr. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1988 PAGE 13 Atchley does have an easement to Mimosa through an agreement with the Aldridges. She stated she also has the power of attorney to speak for Valerie Wolf, a property owner on Mimosa who is also in favor of the assessment district. Mayor Reddell asked Mr. Nichols to respond to Mr. Maclean's con- cerns regarding the necessity for drainage on the assessment dis- trict. Mr. Nichols stated the storm drain is necessary because paved streets require something to handle the water runoff. Mr. Haight stated with regard to Mr. Maclean's comment on proper notice, the law requires at least a 20 day notice of the public hearing; he believes the notices were mailed approximately 30 days prior to this hearing. He noted the term of the bond is proposed at 15 years; Council may extend that date up to 39 years if they wish, but 20 years would be better. Mr. Haight also stated the Prices are not assessed twice. The only area assessed is their residential parcels; it does not in- clude the street. Mayor Reddell asked about the burial of human remains found in the area. Mr. Orton stated one of their first steps) if Council approves the Resolutions this evening, is to contract for the archaeological work and an archaeologist to handle this matter. Councilmember Sheetz asked how Mr. Orton arrived at the $4,500 figure for payment of Mimosa Street to the Prices? Mr. Orton stated it is an estimated figure only and based on the fact the street cannot be used for anything other than street development. Formal appraisals will be contracted after Council approval. Mr. Haight explained the difficulty of providing exact figures at this time since there are no funds to pay contractors until the bond is issued and the project goes forward. He noted there are provisions in the law for a shortfall of funds should a formal appraisal be higher than the estimated one, or should the City be required to file condemnation proceedings to obtain title to Mimosa Street. Councilmember Sheetz was concerned the Prices are going to be as- sessed $16,000 for street improvements and the City is only of- fering $4,500 for purchase of the street. Mr. Orton stated that is correct; the Prices benefit from the improvements. Mayor Reddell asked if a person who owns property needed by the City could be relieved of the assessment? Mr. Haight stated only if the value of the property exceeds the value of the benefit. Mayor Reddell asked if the Council could relieve the property owner from the assessment? Ms. Skousen stated the Council cannot burden the other property owners with the benefit the Prices will receive from the assessment district. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1988 PAGE 14 Mayor Reddell said if the difference between Mr. Price's assess- ment and the amount the City will pay for his property is shared by the other property owners, it may relieve the City and the other property owners from a lawsuit. Mr. Haight stated the other property owners would have to unanimously agree to accept the assessments and the Council would have to find the Prices re- ceive no benefit from the assessment district. The Engineer has determined the Prices do benefit. Lloyd Lamouria, 565 Mimosa, objected to Council tampering with the formula and what the property owners have been trying to do on this street; he said he has personally seen Mr. Price use Mimosa Street as an access to his property. He said the time has come for Council to stop playing games and move on with this item. Mr. Maclean asked if Mr. Atchley is included in the assessment district? Councilmember Sheetz stated he is included; Mr. Haight confirmed this answer. Mayor Reddell closed the hearing to the public. MOTION: Councilmember Lemons moved for approval of Resolution No. 121-88. The motion was seconded by Councilmember Donnelly. Councilmember Sheetz asked about the requests for a continuance of the hearing. Councilmember Lemons stated the project has dragged on for a considerable amount of time with several exten- sions granted to both sides. He does not believe anything will be served by delaying it again, and every month it is delayed, costs for the assessments increase. Councilmember Sheetz asked if there are problems with the sugges- tion for a cul-de-sac at the proposed Mimosa/Ironwood intersec- tion? Chief Zerr recommended against a cul-de-sac; in an emer- gency, his vehicles would have to go a long way around if Iron- wood is blocked. Councilmember Sheetz was concerned about the remuneration to the Prices for their street; she said the City is taking something away from them and telling them they also have to pay $10,000. Councilmember Sheetz acknowledged the street needs to be im- proved, but does not believe the assessment is right. Councilmember Lemons pointed out the law requires an offer for the property be made according to an assessor's valuation of what the property is worth. If the Prices do not want to accept the appraisal, the City will file condemnation proceedings and the court will set the price; what process could be fairer? MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1988 PAGE 15 Councilmember Odell believes the property owners should be given the opportunity to improve Mimosa Street; however, he also sympa- thizes with Mr. and Mrs. Price and their objections. Councilmember Sheetz asked if speed bumps could be installed on Mimosa to decrease speed? Mr. Nichols stated it would create a liability to the City; the speed limit will be posted at 25 mph. MOTION: Councilmember Lemons amended his motion to approve adoption of Resolutions No. 121-88, 122-88, 123-88, and 124-88. The motion was seconded by Councilmember Donnelly and unanimously carried by roll call vote. (5-0) For the record, the Resolutions are as follows: Resolution No. 121-88 Overruling Protests on Resolution of Inten- tion No. 6-87, Mimosa Street Assessment District Resolution No. 122-88 Adopting Engineer's Report, Confirming the Assessment and Ordering the Acquisition and Construction of Improvements, Mimosa Street Assessment District Resolution No. 123-88 Awarding Contract, Mimosa Street Assessment District Resolution No. 124-88 Designating Collection Officer, Mimosa Street Assessment District B-3 RESOLUTION NO, 120-88 PROHIBITING ALCOHOL CONSUMPTION AND POSSESSION IN MORRO BAY "CITY" PARK AND ADJACENT PUBLIC Mr. Wolter stated Council recently adopted Ordinance No. 327 which provides the authority to prohibit alcohol consumption or possession of open containers in specific public areas. Morro Bay "City" Park is the area of concern which prompted the Ordi- nance, and the proposed Resolution designates "City" Park as an area where alcohol consumption or possession of open container of alcoholic beverages is prohibited. Mayor Reddell opened the hearing to the public for comments. Mary Phillips, Ironwood, said Council action is going to "start a witch hunt"; she was concerned someone walking home with an open beer can be arrested. An open bottle does not always represent a problem. Mayor Reddell closed the hearing to the public. Council discussed various aspects of the Resolution. It was noted using the Resolution format makes it easier for Council to i • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1988 PAGE 16 amend their action if it becomes necessary. Mr. Napper stated Police Officers will use enforcement discretion when confronting violators. MOTION: Councilmember Lemons moved for the adoption of Resolu- tion No. 120-88. The motion was seconded by Coun- cilmember Sheetz and unanimously carried. (5-0) B-4 HEARING FOR APPEAL OF PLANNING COMMISSION APPROVED CUP 32- 88/CDP 80-88R, ROOFING BUSINESS STORAGE YARD/SECURITY QUARTERS AT 1045 ALLESANDRO (MONTGOMERY, APPLICANT; POLLICK/ SCHONENAN, APPELLANTS) Mr. Farrel stated the Planning Commission approved the request of Rick Montgomery for a Conditional Use Permit and Coastal Develop- ment Permit to allow a security residence and storage facility for roofing materials and equipment on property located at 1045 Allesandro. Their action was subsequently appealed by Frances and Harry Pollick, and Randi and Richard Schoneman. Mr. Farrel described the proposed project, and the concerns ex- pressed by the appellants; i.e. tar pots and hot mops creating a noxious odor, inadequate parking, inadequate buffer in front of the property to screen the business from residences on the street, signage, etc. He noted the Planning Commission approved the project with modifications to the staff recommendation. Con- dition No. 7 states tar pots and hot mops, or any equipment that generates fumes or smoke, is prohibited on the property when the fumes are being emitted. The staff recommendation was and is for the tar pots and hot mops to be stored at another location. Mayor Reddell opened the hearing to the public for comments. Horace Strong, 964 Las Tunas Street, asked if the applicant will be allowed to bring the tar pots to the site to cool down? He suggested Council require the applicant to park his tar pot at another location permanently; he does not have more rights than the people who live in the area. Frances Pollick, 1040 Allesandro and appellant, stated neighbors in the area cannot believe the Planning Commission would permit this type of business near their homes because of a quirk in the zoning law. The increased traffic will be dangerous to children who play in the street; the environmentally sensitive habitat on Black Mountain nearby could be harmed. She requested Council not allow this industrial type of business to invade the neighbor- hood. She also requested Council rezone the area so these types of uses are not permitted. David West, 2950 Hemlock, spoke in favor of the use at this loca- tion noting Mr. Montgomery has already agreed to the strict con- MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1988 PAGE 17 ditions set by the Planning Commission. The permit can be re- voked if he does not comply, and it already carries only a 12 month term. Charm de Lancey, 1050 Las Tunas, objected to a roofing business moving to Allesandro. She was concerned about property values being lowered and fumes from the equipment. She stated she has letter from two neighbors in the area protesting the application. Randi Schoneman, appellant, spoke at length against this use in a residential neighborhood and the effects of this type of business on their quality of life. She also presented pictures of the site, street, and Mr. Montgomery's home on Damar Street support- ing her statements. Nellie Cecil, 461 Kern, stated she worked in the City Planning Department for 20 years and the subject property has always had the C-2 zoning; there is a limited amount of C-2 property in the City and the City needs it and more. She explained Mr. Montgomery's intentions to run a business with concern for his neighbors. Rick Schoneman, appellant, submitted a list of approximately 200 signatures supporting the appeal and requesting the CUP be re- scinded. He said allowing this business in the area will degrade the neighborhood. He urged Council to deny the CUP, uphold the appeal, and change the zoning on the North side of Allesandro. Rick Montgomery, 180 Damar and applicant, stated he was born and raised in Morro Bay and objected to people from Fresno accusing him of animal abuse and reckless driving. He stated he is going to operate his business in an appropriate manner, and wants to put it in a location the City has zoned for this purpose. Ken Malloy, Church of Christ pastor, noted the condition of Alle- sandro Street is in a deplorable state, and the addition of a commercial business will increase traffic and the deterioration of the street. Rezone the area something other than C-2 is his preference. Greg Doyle, 1070 Allesandro, is concerned about his children who play on Allesandro Street, and the kind of things they might pick up from things falling out of Mr. Montgomery's truck. He stated he lived near Mr. Montgomery on Damar and remembers the noxious odors on the street from his equipment. He submitted another re- zoning petition. Mike Mendoza, 1085 Allesandro, stated the type of commercial businesses usually located in this area are fairly passive. He believes the roofing business may be a fire hazard. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1988 PAGE 18 Ralph Agee, 430 LaJolla, reminded Council how long it took to re- move the fish processing facility on North Main Street when neighbors began complaining about the odors. John Severson, 1185 Balboa, urged Council to overturn the Plan- ning Commission's action. Reginia Bailey, 1170 Balboa, stated her children were getting sick from the fumes of Mr. Montgomery's equipment when he was do- ing some work on Kings Avenue. She requested Council change the zoning in this area. Karen Montgomery stated she and her husband are also parents and would not jeopardize the health or safety of children. Teresa Doyle stated Mr. Montgomery is not going to live on -site, one of his employees is living there. She gets sick from tar fumes, and questioned the soil danger of the tar pots. Art Scott, 930 Marina, stated he has known Mr. Montgomery for a long time and he is a very conscientious individual; unaware RV drivers are more hazardous. Nancy Severson, 1185 Balboa, reminded Council of their Mission Statement in favor of "preservation and enhancement of the qual- ity of life" of its citizens. Morris Cecil, 461 Kern, stated he has known Mr. Montgomery for a number of years. He was at the Planning Commission meeting when they approved his CUP with very strict restrictions. He reminded Council the permit can be revoke at any time if Mr. Montgomery does not comply with the conditions. William Manley, 680 Bella Vista Drive, spoke in support of Mr. Montgomery's application. Mayor Reddell closed the hearing to the public. Councilmember Odell suggested a compromise might be to approve the staff recommendation conditioning the permit on storing the tar pots and hot mops at another location. Councilmember Sheetz stated this area should not have a C-2 des- ignation; she would vote in favor of the staff recommendation to eliminate tar pots and hot mops at this location. Mr. Montgomery stated there will be no odors coming from his property because he has three cool -down areas for his equipment; also, the equipment will not be "fired -up" at the Allesandro lo- cation. The reason he does not want to permanently store the equipment elsewhere is because it is valuable and he would prefer 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1988 PAGE 19 it to be locked up on his property. He emphasized there will ab- solutely never be any fumes or smoke. Councilmember Sheetz asked about the storage of butane; Chief Zerr stated butane cannot be stored indoors, period, by the Fire Code. Mayor Reddell asked about rezoning the property. Mr. Farrel stated it would take approximately 4 or 5 months to accomplish if Council directs. Mr. Montgomery noted the tar pots will not be stored on the prop- erty until he has completed all phases of construction. MOTION: Councilmember Sheetz moved Council uphold the Planning Commission's approval with Condition No. 7 modified that the applicant cannot store tar pots or hot mops on -site until he has completed construction for proper storage on -site, and then only cold equipment is al- lowed that emits no fumes. The motion was seconded by Councilmember Donnelly and unanimously carried. (5-0) Council recessed from 11:00 p.m. to 11:12 p.m. MOTION: Councilmember Lemons moved Items B-6 and B-7 be contin- ued to the next meeting. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) B-5 RESOLUTION NO, 125-88 AMENDING CENTENNIAL PARKWAY MASTER PLAN, AND RESOLUTION NO. 126-68 AMENDING DEL MAR PARK MASTER PLAN MOTION: Councilmember Sheetz moved this item be continued to the next meeting. The motion was seconded by Coun- cilmember Odell and unanimously carried. (5-0) B-6 CONTINUED PUBLIC HEARING ON APPEAL TO PLANNING CONMISSION DENIAL OF CUP 23-88/CDP 69-88R (^THE MARKET PROJECT". 870 ENBARCADERO: GUNTHER, APPELLANT) Continued to November 14, 1988. B-7 CONTINUED PUBLIC HEARING ON NORTH MAIN STREET SPECIFIC DRAFT PLAN. SUB -AREA C (LCP/GPA/ZOA 01-86A) Continued to November 14, 1988. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 24, 1988 PAGE 20 C. C-1 ORDINANCE NO. 333 AMENDING MUNICIPAL CODE TO PROVIDE FOR POST REIMBURSEMENT TRAINING FOR PUBLIC SAFETY DISPATCHERS (CHAPTER 2.36) SECOND READING AND ADOPTION MOTION: Councilmember Sheetz moved Ordinance No. 333 be read by title and number only. The motion was seconded by Councilmember Donnelly and unanimously carried. (5-0) Mr. Napper read Ordinance No. 333 by title and number only. MOTION: Councilmember Sheetz moved for adoption of Ordinance No. 333 as second and final reading. The motion was seconded by Councilmember Donnelly and unanimously carried. (5-0) C-2 ORDINANCE NO 335 AMENDING CERTAIN PROVISIONS OF PUBLIC PURCHASING AND BID OPENING PROCEDURES (CHAPTER 3.08) SECOND READING AND ADOPTION MOTION: Councilmember Sheetz moved Ordinance No. 335 be read by title and number only. The motion was seconded by Councilmember Donnelly and unanimously carried. (5-0) Mr. Napper read Ordinance No. 335 by title and number only. MOTION: Councilmember Sheetz moved for adoption of Ordinance No. 335 as second and final reading. The motion was seconded by Councilmember Donnelly and unanimously carried. (5-0) C-3 ORDINANCE NO. 337 ESTABLISHING PARKING IN -LIEU FEES UNDER THE PARKING MANAGEMENT PLAN (ZONING ORDINANCE AMENDMENT 03- 88E CHAPTER 17.44E PARKING) SECOND READING AND ADOPTION MOTION: Councilmember Sheetz moved Ordinance No. 337 be read by title and number only. The motion was seconded by Councilmember Donnelly and unanimously carried. (5-0) Mr. Napper read Ordinance No. 337 by title and number only. MOTION: Councilmember Sheetz moved for adoption of Ordinance No. 337 as second and final reading. The motion was seconded by Councilmember Donnelly and carried with Councilmember Lemons abstaining. (4-0-1) Councilmember Lemons stated he is abstaining because he was ab- sent when this matter was first considered at a public hearing. MINUTES - MORRO BACITY COUNCIL REGULAR MEETING - OCTOBER 24, 1988 PAGE 21 C-4 CONSIDERATION OF PROPOSED EMERGENCY MEDICAL SERVICES FUNDING BALLOT MEASURE FOR EXISTING CITY SERVICES (ENT II) AND UPGRADE TO PARAMEDIC SERVICES Mr. Napper stated if Council agrees with the staff recommenda- tion, staff will return with the ballot wording for public hear- ing at a future meeting. MOTION: Councilmember Sheetz moved Council instruct staff to set the proposed emergency medical services ballot mea- sure for public hearing, and prepare a Resolution or- dering the measure onto the next available election conducted by the County of San Luis Obispo. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) Mayor Reddell suggested placing the question of acquiring the Cloisters property on the ballot with this item; Mr. Napper said it is a definite possibility. There was discussion regarding the costs per employee to certify them as paramedics. Chief Zerr estimated approximately $2,000 per employee. D. NEW BUSINESS NONE E. CLOSED SESSION MOTION: Councilmember Sheetz moved the meeting adjourn to Closed Session. The motion was seconded by Councilmem- ber Lemons and unanimously carried. (5-0) Mayor Reddell stated Council is adjourning to Closed Session to consider pending litigation in the matter of Civic Action League vs. City of Morro Bay in accordance with Government Code Section 54956.9(a). Council adjourned to Closed Session at 11:23 p.m. and returned to regular session at 11:25 p.m. MOTION: Councilmember Sheetz moved the meeting be adjourned. The motion was seconded by Councilmember Donnelly and unanimously carried. (5-0) The meeting adjourned at 11:25 p.m. Recorded by: ARDITH DAVIS City Clerk /D-/D- ff� 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 - OCTOBER 10, 1988 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so by standing. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the fol- lowing actions are approved without discussion. A-1 CITY COUNCIL MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 21, 1988 AND THE REGULAR MEETING OF SEPTEMBER 26, 1988 A-2 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (SEYMOUR) A-3 CERTIFICATION OF PUBLIC RIGHT-OF-WAY OWNERSHIP FOR FAU TRAFFIC SIGNAL PROJECT AT MAIN STREET AND QUINTANA ROAD INTERSECTION (PULLED) A-4 PROCLAMATION DECLARING OCTOBER 23-30, 1988 AS "RED RIBBON WEEK" (DRUG PREVENTION CAMPAIGN) A-5 PROGRESS REPORT ON STRUCTURAL SEISMIC SAFETY PROGRAM A-6 APPROVAL OF CAPITAL PROJECTS AND OPERATING ENCUMBRANCE LIST FROM FY 87-88 BUDGET A-7 PROCLAMATION DECLARING OCTOBER 13TH AS "FIREFIGHTER APPRECIATION DAY" A-8 SET HEARING DATE (OCTOBER 24TH) FOR APPEAL OF PLANNING COMMISSION APPROVED CUP 32-88/CDP 80-88R, ROOFING BUSINESS STORAGE YARD/SECURITY QUARTERS AT 1045 ALLESANDRO 1 0 0 A-9 RESIGNATION OF JACK HARPER FROM PLANNING COMMISSION AND AUTHORIZATION TO ADVERTISE FOR APPLICATIONS TO VACANCY A-10 RESOLUTION NO. 112-88 CONDITIONALLY APPROVING EMERGENCY/TEMPORARY WATER SERVICE FOR COUNTY RESIDENT (KIRCHNER) A-11 APPROVAL OF ADDENDUM TO LEASE AGREEMENT FOR LEASE SITES 102/102W AND 105.1W/105.2 (DEGARIMORE, CENTRAL COAST SEAFOODS) AND CONSENT TO TEMPORARILY SUBLEASE A PORTION OF LEASE SITE TO ABALONE UNLIMITED RESEARCH, INC. FOR RAISING ABALONES (PULLED) A-12 RESOLUTION AUTHORIZING EXCHANGE OF TITLE TO PROPERTIES BETWEEN CITY AND M/M OGLE; VACANT PRIVATE PROPERTY ON EMBARCADERO NEAR GIANT CHESS- BOARD AREA (APN 66-332-03-964) AND VACANT CITY PROPERTY NEAR HIGH SCHOOL FRONTING ON ATASCADERO ROAD (PTNS. OF LOTS 15, 16, AND 17, IN BLOCK 27 OF ATASCADERO BEACH SUBDIVISION) (PULLED) A-13 ADJUSTMENT OF SALARY RANGE FOR FACILITY COORDINATOR POSITION A-14 RESOLUTION NO. 114-88 APPROVING REQUEST FOR CITY TO SUBORDINATE INTEREST IN LEASEHOLD FIXTURES TO LENDER (MID -STATE BANK) ON LEASE SITE 82-85W (ROSE'S LANDING, INC.) A-15 MINOR MODIFICATION TO GUIDELINES FOR THE 1986 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) REHABILITATION PROGRAM IN MORRO BAY (PEOPLE'S SELF- HELP HOUSING CORP.) A-16 REJECTION OF LIABILITY CLAIM AGAINST CITY (BAY THEATRE) B. PUBLIC HEARINGS, REPORTS 6 APPEARANCES B-1 ORDINANCE NO. 335 AMENDING CERTAIN PROVISIONS OF PUBLIC PURCHASING AND BID OPENING PROCEDURES (CHAPTER 3.08) B-2 ORDINANCE NO. 333 AMENDING MUNICIPAL CODE TO PROVIDE FOR POST REIM- BURSEMENT TRAINING FOR PUBLIC SAFETY DISPATCHERS (CHAPTER 2.36) B-3 RESOLUTION OF INTENTION NO. 111-88 AND ORDINANCE NO. 334 AMENDING PERS CONTRACT TO PROVIDE FOR UNUSED SICK LEAVE CREDIT RETIREMENT BENEFIT (CHAPTER 2.44) B-4 HEARING FOR APPLICANT APPEAL TO PLANNING COMMISSION CONDITIONS ON HEIGHT VARIANCE REQUEST NO. 16-88 FOR GARAGE AT 2631 MAPLE AVENUE (SOSNA, APPELLANT) B-5 RESOLUTION NO. 116-88 ADOPTING PARKING MANAGEMENT PLAN FOR EMBARCADERO AND DOWNTOWN MORRO BAY AREAS B-6 ORDINANCE NO. 337 ESTABLISHING PARKING IN -LIEU FEES UNDER THE PARKING MANAGEMENT PLAN (ZONING ORDINANCE AMENDMENT 03-88, CHAPTER 17.44, PARKING) B-7 CONTINUED PUBLIC HEARING ON NORTH MAIN STREET SPECIFIC DRAFT PLAN, SUB -AREA B (LCP/GPA/ZOA 01-86A) 2 0 s B-8 ORDINANCE NO. 336, AN URGENCY ORDINANCE AMENDING SECTIONS 13.04.330 AND 13.04.34 OF THE MORRO BAY MUNICIPAL CODE AND ADOPTING REVISED MANDATORY WATER CONSERVATION MEASURES B-9 RESOLUTION NO. 117-88 AND ORDINANCE NO. 338 AMENDING LOCAL COASTAL PROGRAM, SUB -AREAS 2 AND 5, (CASE NO. LUP/ZOA 02-88, CLOISTERS AND SURROUNDING PROPERTIES) CONTINUE HEARING TO 24 OCTOBER 1988 C. UNFINISHED BUSINESS C-1 AWARD OF AMENDED CONTRACT FOR BID NO. CA 88-01, VIDEO/TV COMMUNITY PROMOTIONS PROGRAM (G. GRAY PRODUCTIONS) D. NEW BUSINESS D-1 APPOINTMENT OF CITY OFFICIALS TO SAN LUIS OBISPO COUNTY'S HAZARDOUS WASTE COMMISSION, AND TO THE SOLID WASTE MANAGEMENT COMMISSION E. CLOSED SESSION E-1 GOVERNMENT CODE SECTION 54956.8, REAL PROPERTY NEGOTIATIONS, LEASE SITE 141 (U.S. COAST GUARD) 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. 3 C MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1988 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Reddell called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Dale Reddell Paul Donnelly Jeff Odell Rose Marie Sheetz ABSENT: John Lemons STAFF: Gary Napper Judy Skousen Louise Burt Bill Farrel Forrest Henderson Nick Nichols Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Finance Director Community Develop. Dir. Asst. to City Admin. Public Works Dir. City Clerk Donald Carey from the United Presbyterian Church gave the invoca- tion, and Horace Strong led the Pledge of Allegiance. PUBLIC COMMENT 1. Charles Palmer, 485 Estero, raised conflict of interest questions involving Councilmembers regarding water and subdivi- sion issues. 2. Ed Ewing, Morro Bay resident, objected to biased re- ports in the CAL newsletter, and stated he did not want it thrown in his yard. DECLARATION OF FUTURE AGENDA ITEMS None. A-1 CITY COUNCIL MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 21. 1988 AND THE REGULAR MEETING OAS_EPTEMBER 26. 1988 Mr. Napper recommended approval of the minutes as submitted. Councilmember Odell requested the last sentence in the paragraph under Item A-9 be stricken, "He suggested the video advertising also promote water conservation". Councilmember Odell does not remember making that statement. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1988 PAGE 2 A-2 REJECTION OF LIABILITY CLAIM AGAINST THE CIMY (S�EYMOU Mr. Napper recommended Council deny the claim, and authorize the City Clerk to sign and mail the rejection notice. A-3 CERTIFICATION OF PUBLIC RIGHT-OF-WAY OWNERSHIP FOR FAU TRAFFIC SIGNAL PROJECT AT MAIN STREET AND QUINTANA ROAD INTERSECTION (PULLED) A-4 PROCLAMATION DECLARING OCTOBER 23-30, 1988 AS "RED RIBBON WEEK" (DRUG PREVENTION CAMPAIGN) Mr. Napper recommended Council authorize the Mayor to sign the Proclamation. A-5 PROGRESS REPORT ON STRUCTURAL SEISMIC SAFETY PROGRAM Mr. Napper noted no action is required on this item; it is for information only. A-6 APPROVAL OF CAPITAL PROJECTS AND OPERATING ENCUMBRANCE LIST FROM FY 87-88 BUDGET Mr. Napper recommended Council approve the 30 June 1988 encum- brance list totalling $2,253,290 as submitted, and authorize the transfer of $20,271 from FY 87-88 departmental savings to offset the City Attorney budget deficit. A-7 PROCLAMATION DECLARING OCTOBER 13TH AS "FIREFIGHTER APPRECI- ATION DAY" Mr. Napper recommended Council authorize the Mayor to sign the Proclamation. A-8 SET HEARING DATE (OCTOBER 24TH) FOR APPEAL OF PLANNING COM- MISSION APPROVED CUP 32-88/CDP 80-88R. ROOFING BUSINESS STORAGE YARD/SECURITY QUARTERS AT 1045 ALLESANDRO Mr. Napper recommended Council set the hearing date for 24 Octo- ber 1988, and instruct staff to notice the hearing and concerned parties, and prepare the staff report. A-9 RESIGNATION OF JACK HARPER FROM PLANNING COMMISSION AND AUTHORIZATION TO ADVERTISE FOR APPLICATIONS TO VACANCY Mr. Napper recommended Council accept the resignation, and autho- rize staff to advertise for applications for the unexpired term of office. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1988 PAGE 3 A-10 RESOLUTION NO 112-88 CONDITIONALLY APPROVING EMERGENCY/ TEMPORARY WATER SERVICE FOR COUNTY RESIDENT (KIRCHNER) Napper.-. Council adopt A-12 RESOLUTION AUTHORIZING EXCHANGE OF TITLE TO P C TWEEN CITY AND M/M OGLE; VACANT PRIVATE PROPERTY ON EMB CADERO NEAR GIANT CHESSBOARD AREA fAPN 66-332-03-964) A, VACANT CITY PROPERTY NEAR HIGH SCHOOL FRONTING ON ATASCADE, ROAD OF LOTS 15, 16, AND 17, IN BLOCKOF CADERO BEACH SUBDIVISION) (PULLED) I No action required; item pulled from agenda. A-11 APPROVAL OF ADDENDUM TO LEASE AGREEMENT FOR LEASE SITES 102/102W AND 105.1W/105.2 (DEGARIMORE, CENTRAL COAST SEAFOODS) AND CONSENT TO TEMPORARILY SUBLEASE A PORTION OF LEASE SITE TO ABALONE UNLIMITED RESEARCH, INC. FOR RAISING ABALONES (PULLED) No action required; item pulled from agenda. A-13 ADJUSTMENT OF SALARY RANGE FOR FACILITY COORDINATOR POSITION Mr. Napper recommended Council reset the Facility Coordinator salary range at $1,761-$2,208/month for FY 88-89. A-14 RESOLUTION NO. 114-88 APPROVING REQUEST FOR CITY TO SUBORDI- NATE INTEREST IN LEASEHOLD FIXTURES TO LENDER (MID -STATE BANK) ON LEASE SITE 82-85W (ROSE'S LANDING. INC.) Mr. Napper recommended Council adopt Resolution No. 114-88. A-15 MINOR MODIFICATION TO GUIDELINES FOR THE 1986 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) REHABILITATION PROGRAM IN MORRO BAY (PEOPLE'S SELF-HELP HOUSING CORP.) Mr. Napper recommended Council approve the amendment to Section III.A.3 of the Morro Bay CDBG Housing Rehabilitation Program to provide owner -occupied loans in excess of $20,000 on a case -by - case basis as proposed. A-16 REJECTION OF LIABILITY CLAIM AGAINST CITY (BAY THEATER) Mr. Napper recommended Council deny the claim, and authorize the City Clerk to sign and mail the appropriate rejection letter. Mayor Reddell requested Item A-15 be pulled for separate discussion. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1988 PAGE 4 MOTION: Councilmember Sheetz moved for approval of the Consent Calendar with the exception of A-15 and including the amendment to the minutes. The motion was seconded by Councilmember Odell and unanimously carried. (4-0) A-15 MINOR MODIFICATION TO GUIDELINES FOR THE 1986 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) REHABILITATION PROGRAM IN MORRO BAY (PEOPLE'S SELF-HELP HOUSING CORP.) Councilmember Odell stated he would step down from consideration on this item due to a possible conflict of interest. Mayor Reddell stated he would like information on projects People's Self Help Housing Corporation (PSHHC) has administered and their costs; why is it necessary to liberalize the amounts? Pat Wixstrom of PSHHC, explained the amendment will help PSHHC to serve additional applicant's with special needs. She said the amendment would not impact those currently being assisted, and any loans over $20,000 will be reviewed on a case -by -case basis by the Loan Committee. Mayor Reddell asked if people access the funding program, and then sell their property. Ms. Wixstrom stated this usually does not happen; applicants are generally long time residents of the community. Also, if homes are sold, the loans have to be paid and the money goes back to the City program. MOTION: Councilmember Donnelly moved for approval of the Item A-15. The motion was seconded by Councilmember Sheetz and carried with Councilmember Odell abstaining. (3-0-1) Councilmember Odell returned to his seat. Mayor Reddell stated he would like to B-9 under Public Hearings out of order and hear that item first. B. PUBLIC HEARINGS_ REPORTS & APPEARANCES B-9 RESOLUTION NO, 117-88 AND ORDINANCE NO. 338 AMENDING LOCAL COASTAL PROGRAM, SUB -AREA 2. (CASE NO. LUP/ZOA 02-88; CLOISTERS AND SURROUNDING PROPERTIESI CONTINUE HEARING TO OCTOBER 24, 1988 Mr. Napper stated staff was unable to complete the map and policy language for the proposed land use change due to the complexities of the issue and the amount of time available. He recommended Council take public testimony on this item and continue it to the October 24th meeting. Mayor Reddell opened the hearing to the public for comments. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1988 PAGE 5 Joe Karp, 365 Las Vegas, stated due to the water shortage, the City should make every effort to delay the Cloisters project. Current residents are required to comply with very serious water restrictions, and another project should not be added which would impact the water shortage. If a desalinization plant is con-' structed, an assessment district should be formed with costs for building, maintenance and operation to be borne by the property owners. Bill Walter, attorney representing the Cloisters property owners, read a letter to Council dated October 10, 1988. He stated he is encouraged Council made a decision at their last meeting to allpw residential use of the north end of the property, but outlined the differences his clients have with Council's action concerning the rest of the property. He said a detailed visual analysis of the property will be completed soon and delivered to the City, and suggested Council appoint a Councilmember and authorize the Planning Director and City Attorney to meet with his clients to refine areas of agreement. Ray Kaltenbach, 473 Sicily, stated he did not understanding why Council is making plans for a development without enough water for current citizens. Mayor Reddell closed the hearing to the public. MOTION: Councilmember Sheetz moved the public hearing and this item be continued to October 24th. The motion was sec- onded by Councilmember Odell and unanimously carried. (4-0) B-1 ORDINANCE NO. 335 AMENDING CERTAIN PROVISIONS OF PUBLIC PUR- CHASING AND BID OPENING PROCEDURES (CHAPTER 3.08) Louise Burt reviewed the proposed Ordinance which will bring the City's Municipal Code into conformance with the State Public Con- tract Code requiring two publications of the Notice to Bidders. Mayor Reddell opened the hearing to the public for comment. Charles Palmer, 435 Estero, stated members of the audience do not have the information Council is discussing; he suggested Council provide an agenda report on each item under Public Hearings so the public can read the report before or during the items. Mayor Reddell closed the hearing to the public. MOTION: Councilmember Sheetz moved Ordinance No. 335 be read by title and number only. The motion was seconded by Councilmember Donnelly and unanimously carried. (4-0) Mr. Napper read Ordinance No. 335 by title and number only. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1988 PAGE 6 MOTION: Councilmember Sheetz moved for approval of the first reading of Ordinance No. 335. The motion was seconded by Councilmember Donnelly and unanimously carried. (4-0) B-2 ORDINANCE NO. 333 AMENDING MUNICIPAL CODE TO PROVIDE FOR POST REIMBURSEMENT TRAINING FOR PUBLIC SAFETY DISPATCHERS (CHAPTER 2.36) Mr. Napper stated the Peace Officer Standards and Training Com- mission has minimum selection and training standards for police dispatchers; by adopting these standards by Ordinance, the City will be eligible for reimbursement by POST for the costs of training dispatchers. Mayor Reddell opened the hearing to the public for comments; there were no comments and the hearing was closed. MOTION: Councilmember Sheetz moved Ordinance No. 333 be read by title and number only. The motion was seconded by Councilmember Donnelly and unanimously carried. (4-0) Mr. Napper read Ordinance No. 333 by title and number only. MOTION: Councilmember Sheetz moved for approval of the first reading of Ordinance No. 333. The motion was seconded by Councilmember Donnelly and unanimously carried. (4-0) B-3 RESOLUTION OF INTENTION NO. 111-88 AND ORDINANCE NO. 334 AMENDING PERS CONTRACT TO PROVIDE FOR UNUSED SICK LEAVE CREDIT RETIREMENT BENEFIT (CHAPTER 2.44) Mr. Henderson said this item is a follow-up to employee negotia- tions; the Public Employee Retirement System (PERS) contract is being amended to provide for an unused sick leave conversion op- tion toward the employees' service credit for retirement pur- poses. For example, 250 days of sick leave will add one addi- tional year of service credit to an employee's retirement. He noted the City will also benefit from this conversion as it is expected employee use of sick leave will decline. He recommended Council adopt Resolution No. 111-88 announcing the City's intention to amend the PERS contract, and approve first reading of Ordinance No. 334. Mayor Reddell opened the hearing to the public for comments; there were no comments and the hearing was closed. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1988 PAGE 7 MOTION: Councilmember Donnelly moved for adoption of Resolution No. 111-88. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0) MOTION: Councilmember Donnelly moved Ordinance No. 334 be read by title and number only. The motion was seconded by Councilmember Odell and unanimously carried. (4-0) Mr. Napper read Ordinance No. 334 by title and number only. MOTION: Councilmember Donnelly moved for approval of the first reading of Ordinance No. 334. The motion was seconded by Councilmember Odell and unanimously carried. (4-0) B-4 HEARING FOR APPLICANT APPEAL TO PLANNING COMMISSION CONDI- TIONS ON HEIGHT VARIANCE REQUEST NO. 16-88 FOR GARAGE AT 2631 MAPLE AVENUE (SOSNA. APPELLANT) Mr. Farrel reviewed Mr. Sosna's appeal from the Planning commis- sion condition to restrict the increased height of his garage to 1 1/2 feet above the maximum height of 25 feet; Mr. Sosna re- quested a 3 1/2 foot variance. Mr. Farrel discussed the steeply sloping lots in the area of Maple Street, and said the height limitations result in very steep driveways; in this case in ex- cess of 20% grade. He said a 14% maximum driveway slope is the City standard. The Planning Commission decision will result in requiring the garage to be constructed with a flat roof; the appeal was filed so the applicant can add a pitched roof to the garage for aes- thetics. The Commission further clarified its decision noting Mr. Sosna had already submitted plans which demonstrated a home could be built on the parcel without a variance. Staff recommen- dation is to grant the appeal and allow a 3 foot variance. Mayor Reddell questioned previous Planning Commission action on a similar request on property adjacent to Mr. Sosna's to allow a 4 foot variance. Mr. Farrel said the main difference is Mr. Sosna initially submitted plans which illustrated he could build within the existing limitations. Councilmember Donnelly asked Mr. Farrel what was the staff recom- mendation to the Planning Commission? Mr. Farrel said he recom- mended approval of a 3 foot height variance on the garage because the driveway slope would be greater than the 14% City standards without the variance; also the garage would be more aesthetically pleasing with a pitched roof rather than a flat one. Further, it was determined by viewshed analysis the views in the seaward di- rection of the property would not be affected. Mayor Reddell opened the hearing to the public for comments. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1988 PAGE 8 Davis Sosna, 66 Beachwood Drive, Escondito, stated he is an ar- chitect representing Mr. Sosna. He stated the 1 1/2 foot vari- ance approved by the Planning Commission would not work with what they are trying to do in the neighborhood. He said he wanted to stress consistency, and noted the Planning Commission's approval of a 4 foot height variance on property next to Mr. Sosnas; he believed the two parcels are identical. He said the adjacent property was granted special privilege by the Planning Commis- sion, and requested Council grant Mr. Sosna's appeal. Richard Charrins, 2660 Maple, opposed the height variance because he believed it would interfere with his view of the Rock, dunes, beach, and ocean. He said the 25 foot height limit should not be changed except for an unusual circumstance. Mary Phillips, Ironwood, said too many variances are being granted, and believed the height limit should be adhered to. Mark Allen, Morro Bay resident, stated he attended the Planning Commission meeting when these steep lots were a subject of dis- cussion and design criteria developed. He said he assisted Mr. Sosna in his view analysis, and questioned how far the City is required to protect view angles. Mr. Sosna presented illustrations of the view analysis and im- pacts to neighboring lots. He said the subject of oblique views should not be addressed, and it is his opinion Mr. Charrins view - shed will not be affected by the variance. Mayor Reddell closed the hearing to the public. Councilmember Sheetz asked if the Planning Commission criteria is outdated? Mr. Farrel stated no, side views between neighbors has not been a critical concern in the past. Mayor Reddell stated he is bothered by the inconsistency of the Planning Commission. Mr. Farrel stated the Planning Commission was attempting to place a cap on variances; they were afraid the height limit will creep upward if they continue_ to grant variances. Councilmember Sheetz asked how the City could avoid future vari- ances on the same street? Mr. Farrel stated allowing a height variance is to keep the slope of the driveway no more than 14%, not to improve the views of the applicants. Councilmember Odell thanked the applicant for the view analysis which shows the vari- ance is for a technical problem rather than an increase in view. MOTION: Councilmember Odell moved Council grant the appeal and adopt Resolution No. 115-88. The motion was seconded by Councilmember Donnelly and carried with Councilmem- ber Sheetz voting no. (3-1) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1988 PAGE 9 B-5 RESOLUTION NO 116-88 ADOPTING PARKING MANAGEMENT PLAN FOR EMBARCADERO AND DOWNTOWN MORRO BAY AREAS Mr. Farrel stated Council approved a Parking Management Plan for the downtown and Embarcadero areas on August 22, 1988 with direc- tion for staff to prepare an in -lieu parking fee ordinance. Part of Council's action included approving a Negative Declaration to comply with CEQA requirements; it was subsequently discovered the required legal notice for a Negative Declaration was not pub- lished. This error invalidates Council's previous action, there- fore, the matter is again before Council for approval; the proper legal notice requirements have been met. He also stated there are no new significant issues since Council's last consideration of this item. He recommended adoption of Resolution No. 116-88 approving the Parking Management Plan. Councilmember Sheetz stated her understanding is the Plan only delineates boundaries; no assessment district is being determined at this time. Mr. Farrel stated that is correct; he noted Council adoption of Resolution No. 116-88 will approve in concept a 3-phased approach to a Parking Plan and implementation of Phase I of the Plan. Councilmember Sheetz asked how long the process will take? Mr. Farrel stated identification of specific sites for permanent structures will take place at the conclusion of the Downtown/ Embarcadero Master Plans. Councilmember Odell asked if an environmental process will take place when an actual location is selected for a parking lot? Mr. Farrel stated yes, an environmental assessment will be prepared at that time. Mayor Reddell opened the hearing to the public for comments. Elizabeth Scott -Graham, attorney representing Civic Action League of Morro Bay, objected to the Negative Declaration on the pro- posed Parking Management Plan. She read from her letter dated October 10, 1988 citing the objections to the Negative Declara- tion and the environmental impacts Council action will have. She stated the City should have contacted other public agencies which have jurisdiction over the lands for their input, and should have listed all source data the City relied on in making the Negative Declaration. She said the Parking Management Plan is a vague Plan. Mayor Reddell asked Ms. Scott -Graham if she was CAL's at- torney in their lawsuit against the City? Ms. Scott -Graham stated, not on this issue; there is not lawsuit on this issue. Dean Tyler, 595 Embarcadero, stated he has received no complaints concerning parking on the Embarcadero; people are walking more. He said most of the parking lots are only used 30% of the time, MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1988 PAGE 10 and rather than spending money on expensive parking lots, the City should emphasize walk -ways. Ed Ewing, 238 Pacific, agreed the City should have a parking plan of some kind, and disagreed drawing boundaries in the Parking Management Plan constitutes an environmental impact. Mayor Reddell closed the hearing to the public. Councilmember Sheetz asked Ms. Skousen to respond to the comments made by Ms. Scott -Graham. Ms. Skousen stated she has reviewed the determination by the Planning Director and believes it is correct. The points raised by Ms. Scott -Graham will be addressed when and if the City chooses a specific site on which to place a parking facility. MOTION: Councilmember Donnelly moved for adoption of Resolution No. 116-88. The motion was seconded by Councilmember Odell and unanimously carried. (4-0) B-6 ORDINANCE NO. 337 ESTABLISHING PARKING IN -LIEU FEES UNDER THE PARKING MANAGEMENT PLAN (ZONING ORDINANCE AMENDMENT 03-88, CHAPTER 17.44, PARKING) Mr. Farrel stated Council recently referred a draft ordinance for in -lieu parking fees to the Planning Commission. The Planning Commission considered the ordinance on October 4th and recom- mended approval with modifications: 1) amend the ordinance to state the actual costs of providing parking shall be the basis for setting the parking in -lieu fee; 2) insert a provision the required parking for projects using the in -lieu fee option will be made available by the City prior to occupancy of the con- tributing project; and 3) add a provision the parking will be provided within a reasonable distance to the contributing project. Councilmember Sheetz questioned the use of in -lieu fees if the Parking Management Plan never comes to fruition? Mr. Farrel stated according to AB 1600 the fees would have to be returned to the individuals who paid them if the City does not construct the parking within 3 years. Mr. Napper stated the law requires the funds be committed within 3 years, and said extensions are also allowed for up to 5 years. The City has not collected any in - lieu fees to date. There was discussion regarding a possible assessment district to fund parking lot construction; Mr. Farrel that would have to be decided at a later date when a zone of benefit can be determined. Councilmember Sheetz stated she did not like to see a program started with so many unanswered questions. Mayor Reddell noted both the Waterman Project and the Bandstand Project have been ap- MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1988 PAGE 11 proved with in -lieu parking fees. He said the previous City Council had approved of in -lieu parking fees, and he believed this Council should go forward with it. Mayor Reddell opened the hearing to the public for comments. Bruce Risley, President of Civic Action League, stated their at- torney could not stay for this item, however, her same comments apply to the in -lieu fee ordinance. He noted the Planning Com- mission agrees the full cost of providing parking should be borne by the developer, and encouraged Council to consider their recom- mendations. Ray Kaltenbach, 473 Sicily, stated $4,000 is not enough for a parking space; the cost is closer to $11,000 and anything less is a gift. Mr. Kaltenbach asked who would be making up the difference? Nancy Bast, 450 Fairview, stated if the City does not collect the actual amount for parking spaces, the taxpayers will have to pay it. She did not think a businessperson would build a project without knowing what the fees are going to be, and asked the City what they would do if the structure is built and the fees are not paid? Ed Ewing, 238 Pacific, stated developments need adequate parking and the in -lieu fees are a good solution. Shirley Fisher, North Morro Bay resident, stated in 1981 the Planning Commission imposed in -lieu fees on projects for a signal at the intersection of Highway 41 and Main Street; the City has been collecting fees since that time. Mayor Reddell closed the hearing to the public. Mayor Reddell was in favor of continuing the in -lieu fee process. Councilmember Donnelly stated one of the requirements of a in - lieu agreement is the developer is required to sign an agreement he will not protest an assessment district. Councilmember Sheetz stated she has no problem with the $4,000 per parking space in -lieu fee, however, she does favor the Plan- ning Commission recommendation the required parking be available before occupancy of a project. Mr. Farrel stated the City will not actually receive the fees until occupancy. Councilmember Odell asked how much flexibility the Council has once the fee is established; can it be adjusted up or down for the success of the program? Mr. Farrel stated yes; Mr. Mapper pointed out the proposed Ordinance allows Council to set the fee by Resolution rather than ordinance. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1988 PAGE 12 Mr. Napper stated if Council is considering changing the draft ordinance to eliminate item 1 and 2 of the Planning Commission recommendation, they should move to do so and re -open the public hearing for comments on the revised ordinance. MOTION: Councilmember Donnelly moved Council eliminate No. 1 and 2 of the Planning Commission suggestions. The mo- tion was seconded by Councilmember Odell and carried with Councilmember Sheetz voting no. (3-1) Council discussed item No. 2; Mr. Napper stated Item 2 means parking must be on-line before occupancy is permitted. Coun- cilmember Sheetz asked about temporary parking; she said without a restriction, a project could generate parking before spaces are provided. Ms. Skousen stated the City could require the payment of in -lieu fees when a project receives final approval, but not before. MOTION: Councilmember Sheetz moved "the City Council will de- termine the total parking program with each individual project at the time of permit process review" be added to the Ordinance. The motion was seconded by Coun- cilmember Donnelly and unanimously carried. (4-0) Mayor Reddell re -opened the hearing to the public for comments on the amended Ordinance. Bruce Risley stated Council is planning to accommodate the big developer so a parking problem can be solved sometime in the fu- ture. He said a homeowner building on a lot is not going to be helped by the City; Council is setting up a different class of people by allowing developers to pay for a parking space less than it actually costs. Mr. Risley said Council is using the wrong procedures. Ed Ewing believed the in -lieu parking fees should be paid before the project is started. He encouraged Council to approve the original staff recommendation. Charles Palmer said the language of the Ordinance should mandate the City provide parking; the City "shall" provide parking spaces. Mr. Farrel and Mr. Napper pointed out sections of the Ordinance that require the City to provide the parking. Ray Kaltenbach questioned where the City would actually purchase land to construct a parking lot even if collection of in -lieu fees is accomplished. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1988 PAGE 13 Shirley Fisher, 155 Tahiti, stated a developer will have to pay interest on in -lieu fee monies, and suggested he be required to pay prior to occupancy only. Mayor Reddell closed the hearing to the public. MOTION: Councilmember Donnelly moved Ordinance No. 337 be read by title and number only. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0) Mr. Napper read Ordinance No. 337 by title and number only. MOTION: Councilmember Donnelly moved for approval of the first reading of Ordinance No. 337 as amended. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0) Council recessed from 8:53 p.m. to 9:07 p.m. Johannah Varland reviewed Sub -Area B of the North Main Street Specific Plan. This is the area of Main Street between Island Street and Elena Street. She explained the proposed improvements for this area include the zone change to MCR/R-4 and improvements to better define the intersection at Main Street and San Jacinto. She said rather than trying to redesign the intersection, staff has worked with what is there and tried to make it safer; all im- provements are on City right-of-way. Councilmember Sheetz said it will be detrimental to businesses to eliminate parking on Main Street for a bikepath. Ms. Varland said on -street parking is basically used only in Sub -Area B. Councilmember Sheetz stated speed limits are not observed in this area; to incorporate a bicycle path will be dangerous. Councilmember Donnelly expressed concern about the concept of creating a curve along Main Street; he stated the roadway will have to be re -constructed to make the curve, and that is not practical or safe. Mr. Nichols explained the curve is intended to reduce the speed of traffic on Main Street. Council indicated they would like to see the speed on Main Street reduced by law, rather than spending money to construct a curve in the street in order to slow traffic. Mr. Nichols explained if Council lowers the speed limit to below what the average speed on the street is, it is considered a speed trap; the District At- torney's office will not prosecute police citations unless there is a survey to establish the speed limit. Councilmember Donnelly suggested putting stop signs on Main Street at various intersec- tions. Mr. Nichols explained the basis for installing stop signs MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1988 PAGE 14 according to traffic warrants; he did not think there would be enough warrants to install stop signs along Main Street. Council also discussed diverting the bikepath to Alder Street; Ms. Varland pointed out on -street parking would also have to be eliminated on Alder and Sequoia if the bikepath was detoured through these streets. Councilmember Odell discussed abandoning the right-of-way to eliminate double frontage lots as suggested in the Circulation Element. Mayor Reddell opened the hearing to the public for comments. Charles Palmer suggested placing "Sots -dots" on the street to slow traffic. Shirley Fisher, 155 Tahiti, supported lowering the speed limit on Main Street. She said most cities have a 25 MPH speed limit in commercial zones. Mary Phillips asked if there is any intention to widen streets? Mayor Reddell closed the hearing to the public. MOTION: Councilmember Sheetz moved Council continue this item to the next meeting. The motion was seconded by Coun- cilmember Odell. Council indicated they would like the Street Advisory Committee to reconsider the North Main Street speed limit, bikeway alterna- tives, and elimination of double frontage of lots. Councilmember Donnelly requested a copy of SAC minutes regarding this item at Council's next meeting. The motion was unanimously carried. (4-0) Mr. Napper stated Council recently revised mandatory water con- servation measures to allow automatic sprinkler and drip irriga- tion systems, and an exemption for newly -planted landscape and lawns. An urgency ordinance has been prepared by the City Attor- ney to effectuate the mandatory procedures and make minor changes to the current ordinance governing water emergencies. Mr. Napper said an urgency ordinance requires 4/5th vote to enact. Mayor Reddell opened the hearing to the public for comments. n ►. n u MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1988 PAGE 15 Charles Palmer criticized Council City's water. for mis-management of the Mary Phillips discussed various recycling methods. Mayor Reddell closed the hearing to the public. MOTION: Councilmember Donnelly moved Ordinance No. 336 be read by title and number only. The motion was seconded by Councilmember Odell and unanimously carried. (4-0) Mr. Napper read Ordinance No. 336 by title and number only. MOTION: Councilmember Donnelly moved for the adoption of Ordi- nance No. 336 as an urgency measure. The motion was seconded by Councilmember Odell and unanimously carried. (4-0) B-9 RESOLUTION NO. 117-88 AND ORDINANCE NO. 338 AMENDING LOCAL COASTAL PROGRAM, SUB -AREA 2. (CASE NO. LUP/ZOA 02-88; CLOISTERS AND SURROUNDING PROPERTIES) CONTINUE HEARING TO OCTOBER 24, 1988 Previously considered. C. UNFINISHED BUSINESS C-1 AWARD OF AMENDED CONTRACT FOR BID NO. CA 88-01, VIDEO/TV COMMUNITY PROMOTIONS PROGRAM (G. GRAY PRODUCTIONS) Mr. Napper stated Council direction at their last meeting was for staff to ask the bidder on this contract if he would be willing to delay implementation of the program until the City's water shortage is over. Mr. Gray has provided written confirmation de- laying the project to December 1, 1988. Mr. Napper stated the Community Promotions Committee intends the film to promote a mer- chant and motel coupon book to encourage people to return to Morro Bay. Councilmember Sheetz said she thought the Committee was supposed to promote Morro Bay, not the merchants. Mr. Napper explained the coupon book will be advertised at the end of the film and the coupons will contain a tracking system to determine where visi- tors are coming from. Councilmember Sheetz questioned the December 1st date and asked what the City would do if it is still in a water shortage; she believed the film should not be aired until Council approves. Mr. Napper stated there are problems with an open-ended agree- ment, and suggested Council may want to consider rejecting the bid. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1988 PAGE 16 Councilmember Odell stated he would feel comfortable awarding this bid if the tourist industry demonstrates an effort to make visitors aware of the city's water situation. Ed Biaggini stated he will be delivering tent cards to restaurants within the next few days; the cards are placed on tables and advise customers water will be served only upon request because of the City's water shortage. He also informs his motel guests of the water shortage and encourages their conservation. MOTION: Councilmember Donnelly moved Council award the contract for Bid No. CA 88-01 to G. Gray productions in an amount not to exceed $9,000 commencing December 1, 1988. The motion was seconded by Councilmember Odell and carried on the following roll call vote. AYES: Donnelly, Odell, Reddell NOES: Sheetz D. NEW BUSINESS D-1 APPOINTMENT OF CITY OFFICIALS TO SAN LUIS OBISPO COUNTY'S HAZARDOUS WASTE COMMISSION. AND TO THE SOLID WASTE MANAGE- MENT COMMISSION Mr. Napper stated the Board of Supervisors has recently split the County's Waste Management Commission into 2 separate advisory bodies; a Solid Waste Management Commission and a Hazardous Waste Management Commission. Mr. Napper stated Councilmember Lemons has indicated he is willing to continue on the Solid Waste Man- agement Commission with Fire Chief Zerr as the alternate. He suggested Council appoint Chief Zerr to the Hazardous Waste Man- agement Commission with Councilmember Lemons as the alternate. MOTION: Councilmember Odell moved Chief Zerr be appointed to the Hazardous Waste Management Commission with Coun- cilmember Lemons as the alternate. The motion was sec- onded by Councilmember Sheetz and unanimously carried. (4-0) E. CLOSED SESSION MOTION: Councilmember Sheetz moved the meeting adjourn to Closed Session. The motion was seconded by Councilmem- ber Donnelly and unanimously carried. (4-0) Mayor Reddell announced Council is adjourning to Closed Session in accordance with Government Code Section 54956.8, Real Property Negotiations regarding Lease Site 141, U.S. Coast Guard. The meeting adjourned to Closed Session at 10:26 p.m. and re- turned to regular session at 10:33 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1988 PAGE 17 F. ADJOURNMENT MOTION: Councilmember Sheetz moved The motion was seconded by unanimously carried. (4-0) The meeting adjourned at 10:33 p.m. Recorded by: ARDITH DAVIS City Clerk the meeting be adjourned. Councilmember Donnelly and /Q - �J g� .���'ce: �o��% � GvaXi2 C�'rr,��va�o,.� NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Monday, October 3, 1988 at 5:00 p.m. in the Morro Bay Veterans Memorial Hall, 209 Surf Street, Morro Bay, CA. Said Special Meeting shall be for the purpose of holding a Closed Session to consider pending litigation in accordance with Government Code Section 54956.9(a), Kevoto Natalie vs. City of Morro Bay. DATED: September 28, 1988 ------ DALE REDDELL, Mayor City of Morro Bay, California 6 0 MINUTES - MORRO BAY CITY COUNCIL ADJOURNED REGULAR MEETING - OCTOBER 3, 1988 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Reddell called the meeting to order at 6:05 p.m. PRESENT: Dale Reddell Paul Donnelly John Lemons Jeff Odell Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Judy Skousen Bill Farrel Nick Nichols Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Community Develop. Dir. Public works Dir. City Clerk 1. Charles Palmer, 495 Estero, reiterated comments made before Council at their last meeting to declare a moratorium on building until the water situation is solved. 2. Ed Ewing, local fisherman, disagreed with a building moratorium. He said the City's water use has gone down while the population has increased, and this is due to conservation. Mr. Ewing stated the increased agriculture uses have impacted Morro Bay's water resources, and he made comments about benefits of a desalinization plant. 3. Ray Kaltenbach, 473 Sicily, stated the City Council in- vestigated the use of Domenghini wells and already found they were not of use. 4. Imogene Haidet, 2861 Juniper, encouraged Council not to implement a building moratorium that would affect the low cost senior housing project in North Morro Bay. 5. Gary Gillman, 2586 Morro, reported on a very successful Harbor Festival event October 1st and 2nd; approximately 20,000 people attended. He reviewed Festival figures, and thanked the many people and organizations who donated time and money to this year's Harbor Festival. MINUTES - MORRO BAY CITY COUNCIL ADJOURNED REGULAR MEETING - OCTOBER 3, 1988 PAGE 2 B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PUBLIC HEARING ON RECOMMENDED AMENDMENTS TO LOCAL COASTAL PROGRAM, SUB -AREAS 2 AND 5, UNDER INTERIM URGENCY ZONING ORDINANCE STUDY AREA (CASE NO. LUP/ZOA 02-88; CLOISTERS AND SURROUNDING PROPERTIES) Mr. Farrel reviewed Council's previous consideration of this item, and stated the formal six week public review period ended on September 16th. Council is in receipt of all comments re- ceived regarding the amendment. The amendment has been divided into 2 sub -areas for study: Sub -Area 2 which consists of State Parks property, Keyoto-Natalie (Cloisters) property, and Morro Bay High School; and Sub -Area 5 consisting of City property, P.G.&E. property and State Parks. Mr. Farrel reviewed the analyses of Sub -Areas 2 and 5 current zoning and recommended zoning adjustments. Sub -Area 2 contains a recommendation to designate City property near P.G.&E. as Open Space (OA-2) with Commercial Fishing (CF) uses allowed also, and delete the light industrial (M-1/I) designation. Keiser Park will retain the M-1/I zoning at the request of property owner P.G.&E. The environmentally -sensitive habitat (ESH) areas will also be expanded to reflect the actual extent of habitat. Sub -Area 2, which includes the Cloisters property, recommends a zoning designation for the high school property as School (SCH). The environmentally -sensitive habitat on the Cloisters property is proposed to be extended to reflect the enlarged dunes area caused by sand dune migration. There is proposed a mid -section public viewshed area with the north half designated Golf Course (GC) and south half designated golf course, mariculture and marine research (GC/MMR). The northerly 1/3 of the property is recommended for single family residential and golf course with a Planned Development overlay (R-1/GC/PD); the recommendation for the southerly 1/3 of the property is mariculture and marine re- search, and planned development (MMR/PD. Another option proposed by staff is place a Golf Course overlay over the entire Cloisters property and substitute the mariculture and marine research in the southerly section for single family residential (R-1). Mr. Farrel stated limited use would be allowed in the viewshed such as golf and other forms of passive open space. Councilmember Donnelly asked if P.G.&E. had any future plans for the Keiser Park property in view of their request to retain ex- isting M-1/I zoning? Mr. Farrel stated no, but it is a future possibility; staff agreed with their request due to their gen- erosity in allowing the City use of the property for a park. Mayor Reddell opened the hearing to the public for comments. MINUTES - MORRO BAY CITY COUNCIL ADJOURNED REGULAR MEETING - OCTOBER 3, 1988 PAGE 3 William Walter, 412 Higuera and attorney representing the owners of the Cloisters property, read from his letter to the Council dated October 3, 1988 which began with a review of events since his clients submitted a formal proposal in April 1987, and the City's response to enact an interim urgency ordinance. He main- tained his clients filed a law suit against the City only to pro- tect their rights. Mr. Walter noted the number of concerns about development on this property as expressed by City residents, and his clients response to each of them. He then pointed out what he considered were numerous attempts by the City to frustrate their actions. He encouraged Council to amend the Local Coastal Plan to allow construction of a desalinization plant on the prop- erty; this plant would produce 3 times the amount of water needed for the project. He also recommended the elimination of a devel- opment requirement for access to Highway 41. He said the early century subdivision and deeds of record make mariculture use a dead issue; he urged Council to reject the staff proposals and allow their development application to proceed. Charles Palmer, 485 Estero, stated the City cannot allow the ad- ditional load this project will generate to be placed upon the City sewer and water system. The City is at a point where it has to do something now, or the situation will become worse. Mr. Palmer also discussed a desalinization plant which is estimated to cost $12 million; he received his figures from P.G.&E. He said the City should not get involved in financing such a plant or program, other than to buy excess water from the owners. Chuck Clarke, 2205 Nutmeg and Chairman of the Blue Ribbon Commit- tee studying the Cloisters property area, stated the attorney for the Cloisters property owners has maligned the integrity of the Blue Ribbon Committee. He said their study stresses the impor- tance of development standards for any mariculture use selection; the Cloisters' attorney has been misrepresenting the mariculture industry by convincing local residents it will be noisy, smelly, and unsightly. He discussed the "tainted" survey made by the Cloisters people with questions designed to elicit certain re- sponses. He suggested the property owners' lament the proposed zoning will "never be viable" means they will not make enough money. Randy Ruff, Shasta Street, referred to Mr. Walter's presentation regarding a subdivision that was in place on this property at the beginning of the century; he said since that time, the Coastal Act was passed and Council should adhere to requirements of the law the way they exist today. Mariculture has high priority. Ed Ewing commiserated with Council on their difficult decision regarding this property; he also commented Mr. Palmer's reference to P.G.&E.'s desalinization plant and the small one that would be constructed on this property cannot be compared. He would hate to see 200-300 homes on that property. MINUTES - MORRO BAY CITY COUNCIL ADJOURNED REGULAR MEETING - OCTOBER 3, 1988 PAGE 4 Harry Wilber, 2981 Sandalwood, stated a golf course at this loca- tion would increase traffic greatly; he was not sure the large view corridor proposed by staff is necessary; he suggested a mar- iculture operation be located on P.G.&E. property. Jim Nance, 250 Damar, stated he circulated a petition in the Atascadero Beach Tract signed by people who were not 100% in favor of residential development on the Cloisters property. He said there was a general consensus the residents would like to see the property remain as it is, and suggested the property be bought by a group or the City. He supported the recommendations of the Blue Ribbon Committee. Bruce Risley, President of Civic Action League, referred to let- ter written by CAL to the City suggesting consideration of pur- chasing the property. He noted the State recently purchased the Elfin Forest in the Los Osos area; this was due to a group of citizens working for a long time to get legislation introduced at the State to accomplish the purchase. He said infill residential lots have first priority to build. Ray Kaltenbach, 473 Sicily, stated more and more of the coastal property is being used up by developers; the City needs to seek other uses for this property. Leave the property as -is, and find ways to keep it open for the public. Jack Licari, apartment owner at Pacific and Kern, stated the cit- izens of this community can unite and purchase this property if they wish; a property owner also has a right to develop his property. Nancy Bast, 450 Fairview, stated she was against making some of the environmentally sensitive habitat (ESH) Open Space- Recre- ational in Area 2. Her first choice for Area 5 is for public ac- quisition, and the second best use is mariculture. She stated the property owners used untruths to divide the people against one another, and she does not believe the petitions circulated represent the feelings of the entire community. Richard Przybyla, 160 Bali, objected to the location of maricul- ture on the Cloisters property; he said it would look unsightly. Art Stansbury, 145 Java, stated to tell a property owner he can- not do something with his property is un-American. He also did not believe mariculture was an appropriate use for this property; he preferred strictly residential. Ross Boyd, 265 Kern, said he thinks some members of the Blue Rib- bon Committee had their minds made up about this property before they attended meetings, and the members should not speak against those who criticize the Committee and their recommendations. MINUTES - MORRO BAY CITY COUNCIL ADJOURNED REGULAR MEETING - OCTOBER 3, 1988 PAGE 5 Gene Dougherty, architect, stated he supports the Blue Ribbon Committee and staff recommendations. Frances Budlong, 165 Bali, preferred R-1 zoning, and not maricul- ture. She asked Council to explain their vote when they act on this matter; she reminded them the issue is not water at this point and the zoning change is the only thing they should be con- sidering this evening. Mayor Reddell closed the hearing to the public. MOTION: Councilmember Donnelly moved Council adopt the staff recommendation for Sub -Area 5 as depicted in Figure la of the Staff Report: adding a commercial fishing zone, retaining the Light Industrial use on the Keiser Park property, and a portion of the current ESH be desig- nated Open Space. The motion was seconded by Coun- cilmember Lemons. Mr. Napper suggested Council also continue this hearing to Octo- ber 24th at which time Council will hold another public hearing and the formal documents will be presented for Council adoption. Councilmember Donnelly amended his motion to include this hearing will be continued to October loth to allow staff time to prepare the language and documents pur- suant to Council final action. Councilmember Lemons accepted the amendment and the motion was unanimously carried. (5-0) Council then discussed Sub -Area 2. Councilmember Sheetz stated she talked to property owners in the Atascadero Beach and com- ments she received were the residents would like to see the prop- erty retained in its natural state. She suggested placing the matter on the ballot to find out if the people want to buy the property. Councilmember Donnelly questioned whether it was the City's place to do this; Councilmember Lemons wondered if we should be dis- cussing a ballot issue? Ms. Skousen stated Council could discuss it, but it is not the issue. Council must still make a decision on the zoning for these areas; however, final action on zoning does not preclude Council from putting the matter of public ac- quisition on a ballot. Councilmember Lemons stated the proposal from CAL was to put the matter on as advisory measure. He stated if the matter was to be put to the people it should not be as an advisory issue, but as a bond measure to determine if they authorize paying for this property. MINUTES - MORRO BAY CITY COUNCIL ADJOURNED REGULAR MEETING - OCTOBER 3, 1988 PAGE 6 Councilmember Donnelly stated he agrees with the staff recommen- dation to designate the Morro Bay High School property as SCH for School, and the expanded ESH area. If the rest of Council agrees, it only leaves the Keyoto-Natalie property for determination. Councilmember Odell stated he has listened to the public objec- tions to mariculture at this location, and wondered if they would still be offended by mariculture if the property was designated as mariculture and marine research with a passive recreation overlay on the southerly 1/3 of the property, the middle 1/3 of the property be passive recreation and planned development, and the northerly 1/3 or 20 acres be designated R-1/GC/PD. He does not believe the only use of coastal property is bedrooms, and should not go to those who can afford to live on the beach. MOTION: Councilmember Odell moved the Local Coastal Plan be amended to: 1) Zone 20 net acres or 1/3 of the Clois- ters property southern portion as MMR/PD/GC/ Passive Recreation; 2) zone the northerly 20 net acres or 1/3 of the site as R-1/GC/PD; 3) the central portion of the property be zoned Passive Recreation with PD with elim- ination of the middle line through the viewshed on Fig- ure 2. The motion was seconded by Councilmember Donnelly. Mayor Reddell pointed out some of the drawbacks of the current residential Beach Tract such as narrow streets; he said Council needs to make sure the same mistakes are not made here. Councilmember Odell amended his motion to designate the northerly 1/3 or 20 acres of the property includes Pas- sive Recreation. Councilmember Donnelly accepted the amendment. Mr. Napper clarified the intention of the motion is to expand the golf course overlay to include passive recreation uses and that designation would be over the entire Area 2; Councilmember Odell agreed. Council discussed the placement of residential units within des- ignated areas. It was noted 20 acres would support approximately 120 homes, or 6 per acre. Council indicated they would consider clustering of homes. There was also discussion regarding allow- ing residential density credits for the viewshed passive use. Mayor Reddell stated he does not support the motion as stated. Councilmember Lemons asked if Council could prohibit building in the viewshed? Ms. Skousen said Council could establish a certain lot size in the area which would govern residential development. MINUTES - MORRO BAY CITY COUNCIL ADJOURNED REGULAR MEETING - OCTOBER 3, 1988 PAGE 7 Councilmember Lemons stated he favored a combination of Figure 2 and Figure 4: Move the horizontal line to the southerly 1/3 of the property and add to the MMR/PD in the southerly triangular portion of the property a residential/GC zone; staff would de- velop language to define the residential area to allow 0-4 units and give development credits there for the viewshed area only. He also wished to place a restriction that whatever residential development takes place in the northerly portion of the property must be substantially complete before construction takes place in the southerly portion. Councilmember Sheetz comments this would give the property owners the option of either mariculture or res- idential in the southerly section. Ms. Skousen suggested rather than a range of 0-4 for the new res- idential designation, Council stipulate 2 units per acre. Coun- cilmember Donnelly stated he is willing to amend the motion in line with Councilmember Lemons comments. Councilmember Odell stated he is not convinced Council should forget about mariculture. Councilmember Odell withdrew his motion, and Coun- cilmember Donnelly his second. MOTION: Councilmember Lemons moved Figure 2 in the staff report be amended to: 1) Golf Course overlay, with passive recreational uses incorporated into zoning, to cover the entire parcel. 2) Northerly 1/3 or 20 acres of the Cloisters property to be Golf Course (GC), Planned De- velopment (PD), and a new residential designation be created by staff to allow no more than 2 units per acre; density credits will be given in this area for no building in the view corridors; no credits will be given for the Environmentally Sensitive Habitat (ESH) area (R-?/GC/PD). 3) The horizontal line in the middle of the Cloisters property be moved to the top of the southerly 1/3 or 20 acres of property and the middle portion be designated Mariculture and Marine Research (MMR), Planned Development (PD), Golf Course (GC). 4) Southerly 1/3 or 20 acres contain the special residen- tial designation to allow 2 units per acre; density credits will be given in this area for no building in the view corridors; no credits will be given for the Environmentally Sensitive Habitat (ESH) area; and, the residential development in the north end of the prop- erty must be substantially complete before any residen- tial construction is started in the southern portion (R-?/GC/MMR/PD). 5) Adopt the view corridor as recom- mended by the Planning Commission; there is to be no construction in the view corridor except isolated structures approved by the City incidental to the land uses (no clubhouse), the maximum height to be 13 or 14 feet from natural grade. 6) If necessary, add language 0 MINUTES - MORRO BAY CITY COUNCIL ADJOURNED REGULAR MEETING - OCTOBER 3, 1988 PAGE 8 that a desalinization plant or like structure will be permitted in the southerly section only. 7) The view corridors proposed by the Planning Commission be main- tained. The motion was seconded by Councilmember Donnelly and carried on the following roll call vote: AYES: Donnelly, Lemons, Sheetz, Reddell NOES: Odell Mr. Napper reminded Council they had previously continued this hearing to the October loth meeting; the action taken by Council this evening will return in the form of formal documents for adoption. Council recessed from 8:50 p.m. to 9:12 p.m. B-2 RECONSIDERATION OF RESOLUTION NO. 107-88 ENACTING CERTAIN MANDATORY WATER CONSERVATION MEASURES Mr. Napper reviewed the current mandatory water conservation mea- sures which went into effect September 28th. Since receipt of the regulations, numerous residents and businesses have contacted Councilmembers and City Hall complaining about some of the mea- sures. He noted the measures do not constitute emergency mea- sures such as rationing, but are more of an inconvenience to con- sumers which in itself promotes conservation. Mr. Napper stated Council requested this item be scheduled for discussion at this meeting. He reviewed current water production in the City, and stated as of today, all water storage tanks are still capable of being filled overnight. Councilmember Donnelly asked if there has been any change in pro- duction since the mandatory measures were instituted. Mr. Napper said it is difficult to get a reading at this early date, how- ever, there has been no increase in water use by the community. Councilmember Donnelly stated some residents feel punished for the misuse of others. He said some people say their automatic drip systems can save more water than hand watering because they are set for a shorter time. Mr. Napper stated the problem with drip or automatic systems is they create gutter run-off, a water waste the City is trying to eliminate. Mayor Reddell stated he has no problem with the manually operated sprinkler systems, or allowing necessary watering for newly planted landscaping and lawns in order for them to survive. Councilmember Lemons suggested eliminating l.b., "Use of auto- matic or sprinkler irrigation is prohibited. Hand watering or manual -controlled drip systems shall be the only permitted method of irrigation and only during established periods". As long as 0 MINUTES - MORRO BAY CITY COUNCIL ADJOURNED REGULAR MEETING - OCTOBER 3, 1988 PAGE 9 consumers only water during restricted the days and times and there is no gutter run-off, he believed the conservation intent will be met. Mayor Reddell opened the hearing to the public. Jack Lacari, owner of apartments at the corner of Pacific and Kern, stated he is an out-of-town owner and has installed a very expensive electric watering system which conserves water. He said water in Morro Bay is very expensive and he will not waste it. He believed it appropriate to allow out-of-town owners the right to use this new technology to take care of their landscaping. Charles Palmer, 485 Estero, suggested Council change their whole approach to water conservation in order to prevent this situation happening next year. He said people are motivated by money and this would give them an incentive to save. Richard McGiver, 643 Kings and landscape architect, stated he re- cently installed a irrigation system near the Embarcadero. He illustrated to Council the water savings with this system vs. hand watering and noted considerable water savings. Ray Kaltenbach, 473 Sicily, commented the worse thing the City ever initiated is the retrofit program. When he was on the Coun- cil and saw the mistake, he tried to rectify it. He said if retrofit worked, the City should have surplus water. He also questioned the advisability of not watering parks; he thought it might cost $40,000 to reseed Del Mar Park. Joan Mihay, 785 Cabrillo, stated it is helpful for the public to understand why the Council votes the way they do, instead of re- lying so much on staff and not discussing matters. Ralph Gunther, Embarcadero lease holder, stated he has a problem with the restrictions; he needs to wash boats down before working on them. He stated he has a water -saving pressure washer. Mr. Nichols stated staff has been interpreting the measures, per Council direction, that no businesses would be affected by the measures if their business is related directly to water uses. Charles Palmer discussed water -saving devices in his home, and commented again on providing an incentive for people to save. Mayor Reddell asked what is the incentive? Mr. Palmer stated it is in water and sewer rates; people who use a lot of water should pay more, and those who use less should pay less. Mayor Reddell commented the City currently does that type of billing, and Mr. Palmer responded not in the sewer rates; they should be on the same system as the water rates. Mayor Reddell closed the hearing to the public. 0 MINUTES - MORRO BAY CITY COUNCIL ADJOURNED REGULAR MEETING - OCTOBER 3, 1988 PAGE 10 Councilmember Sheetz commented the information provided in the agenda packet regarding conservation tips for restaurants is good information. She suggested it be given to restaurants locally. She also was in favor of eliminating the requirement against sprinklers and drip irrigation. Councilmember Donnelly questioned whether boat owners will really be able to flush their engines after having them in the salt wa- ter? Mr. Nichols stated not under the current measures; their alternative is to use a 50-gallon drum to contain the water, or not use the boat. Councilmember Lemons stated l.c should have a sentence added to it: "All residents are requested to use no more water than nec- essary to maintain landscaping". Council discussed allowing watering of newly -planted lawn and landscaping. The consensus was to allow it if the resident/ landscaper could prove the lawn/landscaping was installed prior to Council enacting the mandatory measures (September 21, 1988). The watering could only continue a reasonable amount of time to establish the landscaping. MOTION: Councilmember Lemons moved Council allow an exemption for newly -planted landscaping and lawns provided it can be proved the landscaping/lawn was installed prior to September 21, 1988, and they be exempted only a reason- able amount of time to establish the new landscaping/ lawn; l.b regarding automatic or sprinkler irrigation be eliminated from the mandatory measures; add to l.c the sentence, "All residents are requested to use no more water than necessary to maintain landscaping"; and eliminate the word "domestic" in the first sentence of l.c. The motion was seconded by Councilmember Donnelly and unanimously carried. (5-0) Mr. Napper stated staff would distribute the water -saving tips to restaurants when the tent -cards are distributed; the cards inform customers they will not be served water unless they ask for it. Councilmember Donnelly stated Section 13.04.340F of the Municipal Code should be amended from "Prohibit the use of water" to "Prohibit the filling" with regard to swimming pools; also, spas and hottubs should be added to the list. Mr. Napper noted an urgency ordinance encompassing Council action this evening will be presented at the next meeting. Mayor Reddell stated this item is continued to the October loth meeting. MINUTES - MORRO BAOCITY COUNCIL • ADJOURNED REGULAR MEETING - OCTOBER 3, 1988 PAGE 11 F. MOTION: Councilmember Donnelly moved the meeting be adjourned. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) The meeting adjourned at 10:08 p.m. Recorded by: by: Zco61az Z=% 6 ARDITH 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. REGULAR MEETING - SEPTEMBER 26, 1988 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so by standing. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the fol- lowing actions are approved without discussion. A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF SEPTEMBER 12, 1988 A-2 STATEMENT OF INVESTMENTS - AUGUST 1988 A-3 EXPENDITURE REPORT - AUGUST 1988 A-4 NOTICE OF COMPLETION ON PROJECT PW87-09, POLICE STATION REMODEL (PHASE I) A-5 PROCLAMATION DECLARING OCTOBER 2-8, 1988 AS MENTAL ILLNESS AWARENESS WEEK A-6 NOTICE OF COMPLETION FOR PROJECT PW88-01, ANNUAL STREET STRIPING A-7 NOTICE OF COMPLETION FOR PROJECT PW87-14, STREET MAINTENANCE OVERLAY A-8 AGREEMENT FOR USE OF P.G.&E. FIREFIGHTING FOAM TRAILER A-9 AWARD OF CONTRACT FOR BID NO. CA88-01, VIDEO/TV COMMUNITY PROMOTIONS PROGRAM (G. GRAY PRODUCTIONS) 1 0 A-10 APPROVAL OF FINAL MAP 87-333; RESOLUTION NO. 108-88 APPROVING DEDICA- TION OF PUBLIC RIGHT-OF-WAY, AND RESOLUTION NO. 110-88 APPROVING SCENIC AND CONSERVATION EASEMENT DEED RESTRICTION (300 BLOCK ISLAND STREET, CDP 08-88R) A-11 NOTICE OF COMPLETION FOR PROJECT PW87-13, DIGESTER PIPING ADDITION A-12 APPROVAL OF ADDENDUM TO LEASE AGREEMENT FOR LEASE SITES 102/102W AND 105.1W/105.2 (DEGARIMORE, CENTRAL COAST SEAFOODS), AND CONSENT TO TEM- PORARILY SUBLEASE A PORTION OF LEASE SITE TO ABALONE UNLIMITED RESEARCH, INC. FOR RAISING ABALONES (PULLED; REFERRED TO CLOSED SESSION) A-13 SET HEARING DATE (OCTOBER LOTH) FOR APPLICANT APPEAL TO PLANNING COM- MISSION CONDITIONS ON HEIGHT VARIANCE REQUEST FOR GARAGE AT 2631 MAPLE AVENUE (MARVIN SOSNA, APPELLANT) A-14 AMENDMENTS AND ADDITIONS TO CITY JOB CLASSIFICATION PLAN B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PUBLIC HEARING ON APPEAL TO PLANNING COMMISSION DENIAL OF CUP 23- 88/CDP 69-88R ("THE MARKET" PROJECT, 870 EMBARCADERO; GUNTHER, APPELLANT) B-2 HOTEL/MOTEL MORATORIUM STUDY REPORT AND CONSIDERATION OF A PROPOSED DESIGN GUIDELINES HANDBOOK B-3 CONSIDERATION OF A MANDATORY RESIDENTIAL AND COMMERCIAL FIRE SPRINKLER SYSTEM DRAFT ORDINANCE B-4 CONTINUED HEARING ON NORTH MAIN STREET SPECIFIC DRAFT PLAN, SUB -AREA A (LCP/GPA/ZOA 01-86A) C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 330, TEMPORARY SIDEWALK SALES AND DISPLAY PROGRAM (SECOND READING/ADOPTION) C-2 CONSIDERATION OF PROPOSED EMERGENCY MEDICAL SERVICES FUNDING BALLOT MEASURE FOR EXISTING CITY SERVICES (EMT II) AND UPGRADE TO PARAMEDIC SERVICES D. NEW BUSINESS D-1 REQUEST BY COUNTY RESIDENT (KIRCHNER) FOR TEMPORARY EMERGENCY CITY WATER SERVICE CONNECTION D-2 RESOLUTION NO. 106-88 AUTHORIZING CITY APPLICATION FOR CALIFORNIANS AGAINST WASTE (CAW) GRANT TO DEVELOP A RECYCLING PLAN PROGRAM D-3 RECEIPT OF INTERN RESEARCH PAPER ON GRAY WATER SYSTEMS AND COUNCIL - MEMBER REQUEST TO DISCUSS SUBJECT K 0 6 D-4 RESOLUTION NO. 109-88 APPROVING ASSIGNMENT AND ASSUMPTION OF LEASE SITE 62/62W FROM DR./MRS. HITTLE TO BRUCE W. AND KATHY A. LEWIS E. CLOSED SESSION E-1 GOVERNMENT CODE SECTION 54956.8, REAL PROPERTY NEGOTIATIONS; LEASE SITES 102/102W AND 105.1W/105.2 (DEGARIMORE, CENTRAL COAST SEAFOODS) F. ADJOURNMENT TO MONDAY, OCTOBER 3, 1988 AT 6 PM IN THE VETERANS MEMORIAL HALL FOR PUBLIC HEARING ON RECOMMENDED AMENDMENTS TO LOCAL COASTAL PROGRAM, SUB -AREAS 2 AND 5, UNDER INTERIM URGENCY ZONING ORDINANCE STUDY AREA (CASE NO. LUP/ZOA 02-88; CLOISTERS AND SURROUNDING PROPERTIES) COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RE- LATING 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. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1988 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Reddell called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Dale Reddell Paul Donnelly John Lemons Jeff Odell Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Anne Russell Louise Burt Alan Davis Bill Farrel Forrest Henderson Nick Nichols Ardith Davis Horace Strong gave the invocation, Allegiance. PUBLIC COMMENT Mayor Councilmember Councilmember Councilmember Councilmember City Administrator Acting City Attorney Finance Director Harbor Director Community Develop. Dir. Asst. to City Admin. Public Works Dir. City Clerk and led the Pledge of 1. Bill Walter, 412 Higuera Street, San Luis Obispo and attorney representing the owners of the Cloisters property, in- vited Council to attend a tour of Diablo Canyon Power Plant's de- salinization plant on Monday, October 3, 1988 at 1:30 p.m. He believes desalinization will provide 200 acre feet of water per year for use by their residential development proposal on the Cloisters property. Mayor Reddell asked what the cost for water is for this type of system? Mr. Walter said $1,100 per acre foot. Mr. Walter announced the property owners intend to apply for permits for this facility in several weeks. 2. Nancy Bast, 450 Fairview, suggested Council advertise news of the City's water shortage to visitors coming to the Har- bor Festival this weekend and request their cooperation in con- serving. She said an additional banner announcing_ the water shortage below the one welcoming tourists to the Harbor Festival would be helpful. 3. Ray Kaltenbach, 473 Sicily, said a closer figure on de - salted water would be $2,000 per acre foot. 1 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1988 PAGE 2 4. Charles Palmer, 485 Estero, encouraged Council to begin raising funds to pay for the Coastal Streams Diversion project; monies can be raised by adjusting the water rate schedule. Mayor Reddell stated the Council has already set aside almost $400,000 in a special fund for new water projects. 5. Mary Phillips discussed Los Angeles' consideration of shipping their sludge to San Luis Obispo County, and noted a let- ter from Western Lion to County official Van Lauren regarding continued use of the Los osos Landfill for the community's waste. 6. Jane Von Koehe, 2755 Hemlock, discussed requiring restaurants to serve water to customers only on request. Mayor Reddell stated Council discussed this item at a previous Council meeting. Ms. Von Koehe also questioned the reallocation of funds from the sale of the Hemlock mini -park to the community center; they were supposed to be spent for improvements to Coleman Park. 7. Gary Robertshaw, Atascadero, requested relief from the mandatory water conservation measures. He explained he recently planted new lawn for a mobilehome park which requires watering daily. If he cannot water, the lawn will not grow and his cus- tomers will not pay him. He also washes mobilehomes for cus- tomers and requested he be allowed to continue this activity. DECLARATION OF FUTURE AGENDA ITEMS 1. Councilmember Odell stated he has received numerous calls regarding the mandatory water conservation measures adopted by Council; other Councilmembers stated they have also received calls. Council discussed the matter briefly and decided to agen- dize the subject for Monday, October 3, 1988 along with the hear- ing on the LUP amendment. Mr. Napper noted current conservation measures will remain in effect until that time. A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF SEPTEMBER 12, 1988 Mr. Napper recommended Council approve the minutes as submitted. Councilmember Lemons noted the name of the Councilmember making the motions on Items B-5 and B-6 needs to be included. A-2 STATEMENT OF INVESTMENTS - AUGUST 1988 Mr. Napper recommended Council receive the report for file. A-3 EXPENDITURE REPORT - AUGUST 1988 Mr. Napper recommended Council approve the Report as submitted. 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1988 PAGE 3 A-4 NOTICE OF COMPLETION ON PROJECT PW87-09. POLICE STATION REMODEL (PHASE I) Mr. Napper recommended Council accept the project as complete, and authorize staff to record the Notice of Completion. A-5 PROCLAMATION DECLARING OCTOBER 2-8. 1988 AS MENTAL ILLNESS AWARENESS WEEK Mr. Napper recommended Council authorize the Mayor to sign the Proclamation. A-6 NOTICE OF COMPLETION FOR PROJECT PW88-01 ANNUAL STREET STRIPING Mr. Napper recommended Council accept the project as complete, and authorize staff to record the Notice of Completion. A-7 NOTICE OF COMPLETION FOR PROJECT PW87-14. STREET MAINTENANCE OVERLAY Mr. Napper recommended Council accept the project as complete, and authorize staff to record the Notice of Completion. A-8 AGREEMENT FOR USE OF P.G.&E. FIREFIGHTING FOAM TRAILER Mr. Napper recommended Council approve the Agreement, and autho- rize the Mayor and City Administrator to sign. A-9 AWARD OF CONTRACT FOR BID NO. CA88-01, VIDEO/TV COMMUNITY PROMOTIONS PROGRAM (G. GRAY PRODUCTIONS) Mr. Napper recommended Council award the contract to G. Gray Pro- ductions in an amount not to exceed $9,000, and authorize staff to prepare and execute a Contract for Services. A-10 APPROVAL OF FINAL MAP 87-333• RESOLUTION NO 108-88 APPROV- ING DEDICATION OF PUBLIC RIGHT-OF-WAY. AND RESOLUTION NO. 110-88 APPROVING SCENIC AND CONSERVATION EASEMENT DEED RE- STRICTION (300 BLOCK ISLAND STREET. CDP 08-88R) Mr. Napper recommended this item be pulled from the Consent Cal- endar and considered separately. A-11 NOTICE OF COMPLETION FOR PROJECT PW87-13, DIGESTER PIPING ADDITION Mr. Napper recommended Council accept the project as complete, authorize staff to record the Notice of Completion, and instruct staff to obtain reimbursement from Brown & Caldwell Engineers. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1988 PAGE 4 A-12 APPROVAL OF ADDENDUM TO LEASE AGREEMENT FOR LEASE SITES 102/102W AND 105.1W/105.2 (DEGARIMORE. CENTRAL COAST SEAFOODS). AND CONSENT TO TEMPORARILY SUBLEASE A PORTION OF LEASE SITE TO ABALONE UNLIMITED RESEARCH INC FOR RAISING ABALONES (PULLED; REFERRED TO CLOSED SESSION) Mr. Napper recommended this item be deferred to Closed Session. A-13 SET HEARING DATE (OCTOBER LOTH) FOR APPLICANT APPEAL TO PLANNING COMMISSION CONDITIONS ON HEIGHT VARIANCE REQUEST FOR GARAGE AT 2631 MAPLE AVENUE (MARVIN SOSNA APPELLANT) Mr. Napper recommended Council set October 10, 1988 to hear the appeal, and instruct staff to advertise the hearing and prepare the appropriate reports. A-14 AMENDMENTS AND ADDITIONS TO CITY JOB CLASSIFICATION PLAN Mr. Napper recommended Council approve the additions and amend- ments to the City's Job Classification Plan as submitted. Councilmember Sheetz requested Item A-9 be pulled and considered separately. MOTION: Councilmember Lemons moved for the approval of the Con- sent Calendar with the exception of Items A-9, A-10, and A-12. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) A-9 AWARD OF CONTRACT FOR BID NO CA88-01 VIDEO/TV COMMUNITY PROMOTIONS PROGRAM (G. GRAY PRODUCTIONS) Councilmember Sheetz considered it ill-advised to award a con- tract for video services to promote tourism at a time when the City is asking the community to cut back on water consumption. Councilmember Odell agreed; he said he would be inclined to award the bid after the motels institute a program of 10% conservation and education for their customers. He- suggested-tote-videe-adver tis3ftg Aso- p otac� e- a -0ense Yat4en,* Mr. Napper stated the matter before Council this evening is to award or reject the bid; any other action would require vendor's approval to modify the specifications. MOTION: Councilmember Sheetz moved Council reject the bid with an explanation based on the current water situation. The motion died for lack of a second. * Corrected 10-10-88. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1988 PAGE 5 MOTION: Councilmember Donnelly moved Council award the contract but fix the time of Notice to Proceed to 60 days from now. The motion was seconded by Councilmember Odell. Anne Russell noted the vender would have to be given the opportu- nity to back out of the bid. Council discussed the matter fur- ther and decided the production of the video could proceed but the vendor should not air the tapes until Council so directs. Councilmember Donnelly rescinded his original motion and moved staff be authorized to contact the vendor to discuss the concerns and suggestions of Council and this item be reagendized for the next meeting. The substituted motion was accepted by Councilmember Odell and unanimously carried by roll call vote. (5-0) A-10 APPROVAL OF FINAL MAP 87-333; RESOLUTION NO. 108-88 APPROV- ING DEDICATION OF PUBLIC RIGHT-OF-WAY. AND RESOLUTION NO. 110-88 APPROVING SCENIC AND CONSERVATION EASEMENT DEED RE- STRICTION (300 BLOCK ISLAND STREET, CDP 08-88R) Mr. Farrel explained the problems associated with the conserva- tion easement (Resolution No. 110-88) and the City Attorney's re- quirement for a subordination agreement. Ms. Russell advises without a subordination agreement, there is a possibility the easement would be lost if any of the properties covered by the easement went into foreclosure. Mr. Farrel recommended approving the easement without the subor- dination agreement to avoid further delays and inconvenience to the property owners. Council asked questions regarding the requirement of a conserva- tion easement. Mr. Farrel explained it is to assure certain areas are never used for development purposes; the easement is recorded with the deed to the property, so future property owners are aware of its existence. Mr. Napper stated the Planning Commission decided as a condition of tentative parcel map approval, the property owners must offer to dedicate a rear -property easement for conservation purposes. Council can either ignore the offer of dedication, accept the dedication as submitted by adopting the Resolution handed out this evening (no requirement for subordination agreement), or if Council wishes the subordination agreement as part of the ease- ment, take no action until a subordination agreement has been executed by the property owners and lenders. Mayor Reddell asked if other property owners in the area will be required to dedicate an easement. Mr. Farrel stated not until they request some type of discretionary approval. Councilmember �1 • 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1988 PAGE 6 Lemons asked if all offers to dedicate have been signed; Mr. Farrel said yes. MOTION: Councilmember Lemons moved Council accept both offers of dedication by adopting Resolutions No. 108-88 and 110-88, without the requirement for a subordination agreement. The motion was seconded by Councilmember Donnelly and unanimously carried. (5-0) Councilmember Donnelly noted the Engineer must sign the final map; Mr. Nichols stated he would take of it. B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 PUBLIC HEARING ON APPEAL TO PLANNING COMMISSION DENIAL OF CUP 23-88/CDP 69-88R ("THE MARKET" PROJECT. 870 EMBARCADERO; GUNTHER, APPELLANT) Mr. Farrel reviewed the request of Mr. Gunther for a Conditional Use Permit and Coastal Development Permit to allow a two-story commercial building on the Embarcadero. The Planning Commission denied the request without prejudice, and Mr. Gunther subse- quently appealed their action. Mr. Farrel described in detail, with the assistance of schematic drawings, the proposal by Mr. Gunther; the first floor would be used for parking and some retails uses, the second floor is the primary retail area with a restaurant and farmer's market, and the roof will be a public garden and pedestrian area. He also discussed impacts to the community associated with the project including parking, traffic and circulation, and visual impacts. He stated there are no significant impacts to the environment from this project that cannot be overcome with conditions for mitigation. Councilmember Lemons asked about the Planning Commission's find- ings for denying this project; specifically, that the project will be "detrimental to the health, safety, morals, comfort and general welfare" of the community. He did not comprehend how a project of this type could possibly be damaging to the public's "morals". Mr. Farrel stated it is a standard phrase in resolu- tions denying applications. Councilmember Lemons stated he objects to the word "morals" unless one is discussing the display of pornographic materials or other such illicit activities. Mayor Reddell opened the hearing to the public for comments. Ralph Gunther, applicant, stated the only items Council should be considering this evening, and the only items he is appealing are those findings in the Planning Commission Resolution. He re- quested Council address themselves to these matters only. Mr. Gunther reviewed in detail the Planning Commission's action on MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1988 PAGE 7 his application, and noted the basic objection to his project is traffic and circulation. He accused the Planning Commission and Chairman Reasor of violating their own rules per Planning Commis- sion Resolution No. 34-80, and Roberts Rules of Order. He said the Planning Commission stated reasons for rejecting his applica- tion at one meeting, and then, at the next meeting, adopted a Resolution which had different reasons in it. He also asserted this hearing is being held 42 days after Planning Commission ac- tion; two days beyond the 40-day requirement to hear his appeal. Mr. Gunther stated the highest and best use for this Embarcadero property would be a motel, but the community does not believe a motel would be to their benefit. Therefore, he instructed his architect, Jim Maul, to design a retail and recreation facility Morro Bay citizens could enjoy with no cost to them. In every case, he has followed the rules set by the City. Bruce Risley, President of Civic Action League, said their orga- nization has a suit pending in Superior Court against the City for violation of the parking ordinance; this hearing is set for October 17th. They have requested the Coastal Commission not process the Waterman Project until the court has an opportunity to hear the matter and make a decision. He said many issues in- volved in this project are involved in the Waterman matter, and it would not be appropriate for Council to act until after the court hearing. Mr. Risley also took issue with the staff report statement there are no significant impacts to public views as a result of the project. He said he had viewed the site from the platform of the Centennial Stairway, and the proposed project will block the sight of 24 boats if built as proposed and one will only be able to see the top of Morro Rock. He encouraged Council to uphold the Planning Commission's decision to deny the project. Keith Gurnee, representing Charles Hartzell, discussed meeting with members of Morro Bay Beautiful and Civic Action League, and their agreement of a need for an Embarcadero Plan. He said Mr. Gunther noted a number of rules the Planning Commission had not complied with, and asked what about the rules for set backs and height limits? He requested Council uphold the Planning Commis- sion action which is a fair one; a project with this amount of variances would normally be rejected at -hand. Nancy Bast, 450 Fairview, said it is difficult to build a 25 foot building on the Embarcadero without a good deal of visual im- pacts. She suggested poles and banners be erected on the site so the public can get a better idea of the impact to views. Mayor Reddell closed the hearing to the public. 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1988 PAGE 8 Mayor Reddell asked about the court hearing date on the Waterman Project; Ms. Russell stated she believes the hearing is set for October 17th, however, Ms. Skousen is handling that item. Councilmember Lemons questioned the estimated figure of 558 addi- tional trips on the Embarcadero created by the project; he asked if that number takes into consideration people already on the Embarcadero visiting other businesses and restaurants, or addi- tional trips generated by this project alone? Mr. Farrel stated it is additional traffic generated by this project. He also stated this is only an illustration; other studies will have to be done at the applicant's expense to specifically answer these types of concerns. Councilmember Lemons asked if the parking re- quirements had taken into consideration combined parking uses when other establishments are closed; Mr. Farrel stated staff used the revised parking standards from the Circulation Element. Councilmember Lemons asked what the height limit is on the east side of the Embarcadero? Mr. Farrel stated 30 feet. Mayor Reddell questioned the legal requirement for sidewalk widths. Mr. Nichols said 10 feet is the minimum in commercial areas; the Circulation Element allows the width to be reduced on the Embarcadero to 8 feet if appropriate. Mayor Reddell asked if Council could reduce the sidewalk on the Front Street side of the project and increase the width on the Embarcadero side? Mr. Nichols said that is up to Council discretion, however, he would recommend at least a 6 foot width for handicapped access. Councilmember Lemons asked about the procedural questions raised by Mr. Gunther. Anne Russell stated there are no provisions in the Municipal Code that sets forth consequences if the 40 day limit is exceeded; violation of Roberts Rules of Order is not a fatal defect. As far as the Planning Commission taking action at one meeting and approving a Resolution at the next, findings have to be made; if you have no findings, you also have no approval. She said she does not have enough information to address the noticing requirements. There is, however, a Government Code sec- tion that excuses procedural defects. Mr. Napper advised Council of its earlier policy interpretation the appeal period begins the date the Planning Commission takes final action on the project by adopting the Resolution. MOTION: Councilmember Odell moved for approval of the staff recommendation for project redesign. Mr. Napper asked what components are being identified for redesign? Councilmember Odell withdrew his motion. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1988 PAGE 9 Mayor Reddell stated the City is the process of exchanging prop- erty for the parcel on Front Street; the restroom at the end of Morro Bay Boulevard will be demolished and relocated to this par- cel near the Giant Chessboard. He suggested Front Street from Beach Street to Embarcadero be considered for a parking lot; the sidewalks on Front Street could be eliminated and wider ones con- structed on the Embarcadero side of the project. Mr. Mapper noted the Parking Management Plan and parking in -lieu fee ordi- nance will be on Council's October loth agenda. Councilmember Lemons suggested this item be continued to October 24th after Council discussion of these items. If Council approves the Park- ing Management Plan and parking in -lieu fees, the Gunther project can be referred back to the Planning Commission for consideration of its compliance with the approved Parking Management Plan. Mr. Mapper noted Council must re -open the closed hearing if con- tinuance is desired; procedurally, Council is required to render a decision 40 days after closing the hearing. MOTION: Councilmember Lemons moved the public hearing be re- opened for consideration of continuing the item. The motion was seconded by Councilmember Donnelly and unan- imously carried. (5-0) Mayor Reddell opened the hearing to the public. Mary= Phillips encouraged Council to approve the project; Mr. Gunther has gotten a first-class run-around. MOTION: Councilmember Lemons moved the hearing be continued to October 24th. The motion was seconded by Councilmember Donnelly and carried with Councilmember Odell voting no. (4-1) Councilmember Lemons indicated he would like his question regard- ing trip generation answered on October 24th; also staff analy- sis of a Front Street parking lot suggestion. Councilmember Lemons said he has a problem with the staff recommendation to re- design the project; he does not believe Council should be in the business of determining whether or not a businessman's develop- ment will be more successful by rearranging retail space to the groundfloor. Councilmember Donnelly requested staff make recommendations re- garding the sidewalk suggestions. Council recessed from 8:49 p.m. to 8:55 p.m. W 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1988 PAGE 10 B-2 HOTEL/MOTEL MORATORIUM STUDY REPORT AND CONSIDERATION OF A PROPOSED DESIGN GUIDELINES HANDBOOK Mr. Farrel stated Council adopted an interim urgency ordinance in October 1986 to prohibit further development of motels/hotels. Council authorized a Plan of Study, and the Morro Group and Courtney and Associates prepared a report to identify potential modifications to existing development standards on hotel/motel development; the cost of the study was not to exceed $20,000. Mr. Farrel stated the Study sectioned the City into neighborhoods; within ea straints which have been Mr. Farrel reviewed each proposed zoning changes. Bay to conceivably allow units; however, some area tion than others. 9 different cn or the neignoornooas are design Con- n outlined by the consultant's report. of the neighborhoods in detail, and any He stated there is land zoned in Morro construction of 930 additional motel s are more suitable for motel construc- Mr. Farrel explained the proposed Design Guidelines Matrix which outlines the steps a developer should follow when submitting an application. He noted no provisions are made for architectural review since it is understood Council is not in support of that concept. Public hearings were held on the draft study, and the Planning Commission recommends Council direct staff to review and make suggestions for strengthening design standards, and existing zon- ing designations be reviewed to determine if too much land is zoned for hotel/motel uses. Mr. Farrel noted the interim ordi- nance expires at the end of October 1988, and cannot be extended. Council can expect applications for motel construction to be sub- mitted after that time. Mayor Reddell asked if there is time to prepare a zoning ordi- nance amendment, refer it to the Planning Commission and return to Council before the interim ordinance expires? Mr. Napper said no; the ordinance still has to be developed after Council gives direction this evening. Any applications submitted after the ex- piration of the ordinance will have to be processed with the cur- rent zoning in place. Mr. Farrel believed the likelihood of ap- plications being submitted for those areas where motel zoning may be deleted is slim; applications submitted will probably be in the areas where motel zoning will be retained. Mayor Reddell was in favor of the staff recommendation to elimi- nate motel uses from all zoning districts except VS-C zones. Mayor Reddell opened the hearing to the public for comments. Jay Czarnecki, staff planner with Courtney and Associates, stated he is available to answer questions concerning their report. 10 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1988 PAGE 11 Harry Rodgers, 950 Morro Bay Boulevard, reviewed his knowledge of the motel industry and stated design standards and other regula- tions should be applied equally among all businesses; the motel industry should not be singled out. He also noted if motels are running a 74% occupancy rate, they are running a very successful motel. Mayor Reddell closed the hearing to the public. He stated he fa- vored the staff recommendation; he believed additional motels should not be allowed on Morro Bay Boulevard or Main Street. Councilmember Lemons stated a mandatory design criteria has the potential of being misused; he also said consideration should be given to limiting hotel/motel development to a certain minimum size. MOTION: Mayor Reddell moved Council instruct staff to eliminate motel/hotel/visitor lodging from all zoning districts except for VS-C zones (e.g. C-1, by CUP; R-3, bed/breakfast inns); and direct the Planning Commission to assess VS-C lands to determine the compatibility of those lands and their siting to accommodate new motel development. The motion was seconded by Councilmember Sheetz. Council discussed requiring a minimum and maximum size of motels which could eliminate some parcels from consideration for motel construction. Councilmember Sheetz did not believe it would be economically feasible to build a motel with only 4 units. The motion was unanimously carried by roll call vote. (5-0) There was further discussion regarding the design standards; Council was in favor of utilizing the guidelines on a voluntary basis only. MOTION: Councilmember Sheetz moved the design review process be voluntary only. The motion was seconded by Councilmem- ber Donnelly. Councilmember Donnelly suggested potential developers be advised there are no guarantees implied by use of the design standards. Councilmember Sheetz amended her motion to include de- velopers be informed there are no guarantees implied in using City design standards. The amended motion was accepted by Councilmember Donnelly and unanimously carried. (5-0) 11 MINUTES - MORRO BA�CITY COUNCIL • REGULAR MEETING - SEPTEMBER 26, 1988 PAGE 12 B-3 CONSIDERATION OF A MANDATORY RESIDENTIAL AND COMMERCIAL FIRE SPRINKLER SYSTEM DRAFT ORDINANCE Mr. Napper noted the proposed ordinance is draft only and subject to any modifications Council wishes to make before first reading. Fire Chief Bernie Zerr stated the ordinance was prepared at the request of Council using comparable ordinances from other cities. The City of San Clemente's ordinance seemed to fit Morro Bay's situation, and the proposed ordinance was modeled after it. He said fire sprinklers were initially installed to protect build- ings, but in recent years have become effective in saving lives. Chief Zerr stated a fire sprinkler ordinance can save water, make the community safer, and can save on insurance premiums; the dis- advantage is the cost to the consumer which is approximately $.90 to $1.50 per square foot. Council previously asked about the fire ratio in new versus old buildings; in researching the records he finds they are about equal. Mayor Reddell opened the hearing to the public for comments. Ray Kaltenbach, 473 Sicily, stated he is not against sprinklers, but was concerned about the costs to single family residents. He also believes it is just as important to sprinkle older homes as it is new construction. John Baker, 450 San Jacinto, stated one day the City's water problem will be solved and the City will be faced with increased growth. If Council does not require fire sprinklers, the fire chief will be before Council requesting additional equipment and fire stations. Ed McCracken, Hemlock, encouraged Council to require fire sprin- klers in new construction, and commented the homes in north Morro Bay are very close together which provides for additional risk. Councilmember Odell asked if activated, do the fire sprinklers target just where the fire is or the whole house? Chief Zerr stated the spray is isolated to the fire area; some systems also have self -closing heads that turn-off automatically when the fire is out. Councilmember Lemons asked if the sprinkler systems will be able to operate with the City's existing water supply? Chief Zerr stated it is his understanding the City has sufficient water pressure for fire sprinklers. Councilmember Lemons asked if the ordinance requiring fire sprin- klers would affect the low cost senior housing project in north Morro Bay? Chief Zerr stated People's Self -Help Housing specifi- cally designed their project for buildings under 5,000 feet to 12 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1988 PAGE 13 avoid the requirement for sprinklers; they are unable to receive funding from HUD for fire sprinklers. Councilmember Lemons was concerned the ordinance would affect them, and they could not fi- nance the additional $40,000 it will cost to install sprinklers. Mayor Reddell asked if the proposed ordinance would eliminate the need for a fire station in North Morro Bay? Chief Zerr stated no. Mayor Reddell discussed the City's low fire losses in the last 10 years; Chief Zerr stated the Department feels very lucky to have had no more loses; sooner or later, the luck will run out and the City will face a major loss. Requiring fire sprinklers is a step towards a fire -safe community. Mayor Reddell stated it now costs $14,000 to get a building per- mit; his estimation is fire sprinklers cost $2.50 per square foot. There are no sprinkler contractors in the County; he has had to go as far as Fresno to find one. He stated until the County is willing to look into the fire suppression situation, he cannot support sprinklers in residences. He does, however, sup- port sprinklers in commercial buildings. Councilmember Sheetz stated she had not suggested the entire town be sprinklered when she brought this subject up. Her intent was the ordinance only apply to those areas on hillsides which are inaccessible by current fire fighting equipment. Councilmember Lemons stated he was reluctant to approve an ordi- nance requiring fire sprinklers until current figures are pro- vided on costs. He did not want the senior housing project to collapse because of these requirements but he does see the need for sprinklers systems in new construction and in senior homes. He requested staff determine: 1) actual costs of sprink- lering a single-family custom-built residence; 2) the effect on the People's Self -Help Housing project; and 3) provide a waiver in the ordinance to take care of the condition where a building cannot be sprinklered because sufficient water pressure does not exist. MOTION: Councilmember Lemons moved the matter be continued un- til additional input is received from staff. The mo- tion was seconded by Councilmember Sheetz and unani- mously carried. (5-0) B-4 CONTINUED HEARING ON NORTH MAIN STREET SPECIFIC DRAFT PLAN. SUB -AREA A (LCP/GP ZOA 01-86A) Mr. Napper stated Johanna Varland, Community Development Depart- ment's Special Projects Planner, will review Sub -Area A of the North Main Street Specific Plan. Ms. Varland stated there are 2 miles of residential and commer- cial development along North Main Street. Community workshops 13 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1988 PAGE 14 were held to explain to residents a specific plan is used to pro- vide guidelines for future development. Those in attendance were asked to share their concerns about the good and bad aspects of their neighborhood. Specifically, the residents were concerned about the dangerous Yerba Buena/Highway 1 intersection, no bicy- cle paths on Main Street, flooding on Island Street, too many overhead wires, and parks are underused. For the future they were interested in a bikepath on Main Street, pedestrian over - crossing between San Jacinto and Yerba Buena, and signal at Yerba Buena/Highway 1. She explained the new Mixed Commercial Residen- tial (MCR) zone allows retail and service commercial uses, mixed commercial and residential, or exclusive residential; this desig- nation gives property owners additional flexibility. There is a considerable amount of traffic from the side streets to Main Street with a short distance between intersections. A bikepath on Main Street would mean no parking on Main Street and would eliminate some traffic hazards. Mayor Reddell opened the hearing to the public for comments; there were no comments and the hearing was closed. MOTION: Councilmember Donnelly moved the hearing be continued to the next meeting. The motion was seconded by Coun- cilmember Lemons and unanimously carried. (5-0) Mayor Reddell stated Ms. Varland's verbal report was excellent, and he requested the next one be prepared in written format for their review in the Agenda packet. C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 330. TEMPORARY SIDEWALK _SALES _AND DISPLAY PRO- GRAM (SECOND READING/ADOPTION) Mr. Napper stated this is the second reading and adoption of a one-year ordinance extending the ordinance allowing sidewalk sales and displays in the downtown area. Upon adoption, the Ordinance will become effective October 26th. MOTION: Councilmember Odell moved Ordinance No. 330 be read by title and number only. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) Mr. Napper read Ordinance No. 330 by title and number. MOTION: Councilmember Odell moved for adoption of Ordinance No. 330 as second and final reading . The motion was sec- onded by Councilmember Donnelly and unanimously carried. (5-0) 14 0 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1988 PAGE 15 C-2 CONSIDERATION OF PROPOSED EMERGENCY MEDICAL SERVICES FUNDING BALLOT MEASURE FOR EXISTING CITY SERVICES (EMT II) AND UP- GRADE TO PARAMEDIC SERVICES Chief Zerr stated EMT II's in the County can now be upgraded to Paramedics. There is support in Morro Bay to do the same, but it is very expensive. City staff and the Fire Finance Committee ap- pointed by Council have been discussing way of funding a Paramedic program, and they believe the best approach is to place the matter before the voters to find out if they are willing to pay for this service. A 2/3 approval of the people is required. The proposed ballot measure has been patterned after the one ap- proved by the voters for the South Bay Fire Department. The fee is determined by units (each unit represents a dollar figure) and a number of units is assigned to each type of building; residen- tial, apartments, commercial, etc. It is anticipated the Paramedic program will cost approximately $56,216 to implement; adding this to the present level of funding for EMT-II's consti- tutes a total emergency medical services cost of $123,000 per year. Mayor Reddell asked if there is any way to squeeze $56,000 out of his budget? Chief Zerr stated that amount of money is not avail- able out of his budget. Mayor Reddell asked about charging individuals for the service; Chief Zerr stated there would be problems with people who cannot afford to pay and bad collection rates. Councilmember Lemons stated he believes the people of Morro Bay will be willing to support this program for the approximately $24.00 it will cost the average household per year. He ques- tioned the ratios suggested in the measure. Chief Zerr stated the ratios were taken from those set by South Bay; Council can adjust them. Councilmember Lemons suggested staff set 1.25 times the base rate for single family residences, condominiums and townhouses, duplexes, triplexes, and fourplexes. Apartments, mobilehomes, commercial and industrial could remain at the base unit. Mr. Napper questioned whether Council favored an initial tax rate subject to annual CPI adjustments with no maximum cap, or an as- sured tax cap at 3 times today's need. Councilmembers preferred the annual adjustment methodology tied to changes in the CPI index. Mr. Napper stated staff will return with Council's proposed changes. Councilmember Sheetz was excused because of illness (11:05 p.m.). 15 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1988 PAGE 16 D. NEW BUSINESS D-1 REQUEST BY COUNTY RESIDENT (KIRCHNER) FOR TEMPORARY EMER- GENCY CITY WATER SERVICE CONNECTION Mr. Nichols reviewed the request of Mr. Kirchner, 1970 Quintana Road, for temporary emergency domestic water service. The City previously approved this request in 1985, and staff recommends approval with conditions. It is not anticipated the amount of water to be utilized will impact the water availability for City residents. Councilmember Odell asked at what point would the service be ter- minated. Mr. Nichols stated Mr. Kirchner's well would be checked periodically; if it is filling, the service will be turned off. It was noted the City Administrator recommends the water only be authorized upon demonstration their well has gone dry; they be limited to using 900 cubic feet of water per month, subject to disconnection if the limit is exceeded, and they return to their domestic well as soon as it is reliable enough to produce domes- tic water. MOTION: Councilmember Lemons moved a resolution be prepared by staff in accordance with the recommended conditions, and agendized for the next meeting. The motion was seconded by Councilmember Donnelly and carried with Councilmember Sheetz absent. (4-0) D-2 RESOLUTION NO. 106-88 AUTHORIZING CITY APPLICATION FOR CALI- FORNIANS AGAINST WASTE (CAW) GRANT TO DEVELOP A RECYCLING PLAN PROGRAM Mr. Nichols stated the Refuse Franchise Board has been consider- ing a study of recycling options and opportunities and recommends Council authorize the submittal of an application for the Californians Against Waste (CAW) Model Community Waste Reduction/ Recycling Planning Program. Award of a grant will allow funds to retain a consultant to develop a recycling program. MOTION: Councilmember Lemons moved for the adoption of Resolu- tion No. 106-88. The motion was seconded by Coun- cilmember Odell and carried with Councilmember Sheetz absent. (4-0) D-3 RECEIPT OF INTERN RESEARCH PAPER ON GRAY WATER SYSTEMS AND COUNCILMEMBER REQUEST TO DISCUSS SUBJECT Mr. Napper stated this item is agendized at the request of Coun- cilmember Odell. A student intern prepared a research report on applying reclaimed water to large water -intensive land uses. The report states the City's treatment plant operation would need 16 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1988 PAGE 17 significant upgrade to tertiary -level treatment for this type of use. Councilmember Odell stated he had hoped to be able to use house- hold wash water for irrigation, but finds this is against State health laws. However, he encouraged people to break State law and divert laundry water to irrigate their landscape. Councilmember Lemons stated Dr. John Alexander of Cayucos has a "black box" system which processes laundry water and allows it to be re -used to flush toilets. He requested the Public Works Director be instructed to meet with Dr. Alexander to investigate this concept that purportedly reduces water usage by 42%. D-4 RESOLUTION NO 109-88 APPROVING ASSIGNMENT AND ASSUMPTION OF LEASE SITE 62/62W FROM DR /MRS HITTLE TO BRUCE LEWIS Mr. Davis stated pursuant to a settlement agreement, the Hittle's are requesting assignment of their lease to Bruce and Kathy Lewis. The settlement agreement requires an assignment by the Hittles by September 30, 1988 or the City will take position of the lease. The financial information on the Lewis' has been ap- proved by the Finance Director, and all rents are current. He recommended Council approve the assignment subject to receipt and approval of all required documents by the City Attorney by September 30, 1988. Council discussed the assignees acceptance of the uses currently part of the lease agreement; Mr. Davis stated Mr. Lewis accepts the lease as -is. MOTION: Councilmember Donnelly moved for adoption of Resolution No. 109-88. The motion was seconded by Councilmember Odell and carried with ,Councilmember Sheetz absent. (4-0) Mr. Napper requested Council make a motion to discuss the water conservation measures at their adjourned meeting on October 3rd. MOTION: Councilmember Lemons moved the subject of mandatory water conservation measures arose after the September 26th agenda was set, and therefore Council determined the subject should be agendized for the adjourned regu- lar meeting on Monday, October 3, 1988. The motion was seconded by Councilmember Odell and carried, with Coun- cilmember Sheetz absent. (4-0) Mayor Reddell announced Council will adjourn after Closed Session this evening to an adjourned regular meeting at 6:00 p.m., October 3, 1988 in the Veterans Memorial Hall to hold a previously noticed public hearing to discuss recommended amendments to the Local Coastal Program Sub -Areas 2 and 5, under 17 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 26, 1988 PAGE 18 Interim Urgency Zoning Ordinance Study Area (Case No. LUP/ZOA 02- 88; Cloisters and surrounding properties), and to reconsider the mandatory water conservation measures. He also called a Special Meeting of the Council for a Closed Session on October 3, 1988 at 5:00 p.m. in the Veterans Memorial Hall for the purpose of discussing pending litigation in accordance with Government Code Section 54956.9(a), Kevoto Natalie, Inc. vs. City of Morro Bay. E. CLOSED SESSION Mayor Reddell stated Council will now adjourn to Closed Session for the purpose of discussing real property negotiations in ac- cordance with Government Code Section 54956.8; Lease Sites 102/102W and 105.1W/105.2, DeGarimore, Central Coast Seafoods. MOTION: Councilmember Lemons moved the meeting adjourn to Closed Session. The motion was seconded by Councilmem- ber Donnelly and carried with Councilmember Sheetz absent. (4-0) Council adjourned to Closed Session at 11:36 p.m. and returned to regular session at 12:08 a.m. F. ADJOURNMENT MOTION: Councilmember Donnelly moved the meeting be adjourned to 6:00 p.m., October 3, 1988 in the Veterans Memorial Hall. The motion was seconded by Councilmember Lemons and carried with Councilmember Sheetz absent. (4-0) The meeting adjourned at 12:08 a.m. Recorded by:: / DITH DAVIS City Clerk HE SPeaee�� 9"d/-8'8 (,umti�t r��-xrir�� Coh%a�a.�on 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. SPECIAL MEETING — SEPTEMBER 21, 1988 VETERANS MEMORIAL HALL — 1:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL B. PUBLIC HEARINGS. REPORTS AND APPEARANCES B-1 REVIEW OF LOCAL GROUNDWATER AQUIFERS STATUS AND INSTITUTION OF MANDATORY WATER CONSERVATION PRACTICES 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. 1 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that a special meeting of the Morro Bay City Council is hereby called to be held on Wednesday, September 21, 1988 at 1:00 p.m. in the Morro Bay Veterans Memorial Hall, 209 Surf Street, Morro Bay, CA. Said special meeting shall be for the purpose of reviewing local groundwater aquifers status and institution of mandatory water conservation practices. DATED: September 20, 1988 City of Morro Bay, California MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 1988 VETERANS MEMORIAL HALL - 1:00 P.M. Mayor Reddell called the meeting to order at 1:00 p.m. ROLL CALL PRESENT: Dale Reddell Paul Donnelly John Lemons Jeff Odell Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Anne Russell Nick Nichols Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator Asst. City Attorney Public Works Dir. City Clerk B. PUBLIC HEARINGS. REPORTS AND APPEARANCES B-1 REVIEW OF LOCAL GROUNDWATER AQUIFERS STATUS AND INSTITUTION OF MANDATORY WATER CONSERVATION PRACTICES Mr. Napper stated Mayor Reddell called the Special Meeting for the purpose of reviewing events occurring in the City's ground- water basins, and to propose Council adopt mandatory water con- servation measures. One of the City's wells, Well No. 12 in the Chorro Basin, had to be turned off due to a draw -down within 3 feet of its depth. The reason for the low water situation is 2 dry years with intensified agricultural uses. Mr. Napper stated the mandatory procedures are similar to the City's existing vol- untary water conservation measures but enforcement is added. He stated all irrigation of City landscaping has been discontinued, and he emphasized staff is not suggesting the institution of wa- ter rationing at this time. Mr. Napper outlined the 1988 year- to-date water production of the City is 1,237 a.f., identical to 1987's year-to-date of 1,237 a.f., and below the year-to-date figure experienced in 1985 (1,246 a.f.). Mr. Nichols stated staff expects the well levels to return to normal after winter rains recharge the acquifers. Mr. Nichols displayed a location map showing the location of Well No. 12 in the Chorro Valley; he said it is the least dependable of all City wells and its failure results in a 9% loss of pumping capacity. All other eleven City wells are pumping at full capacity and are still capable of filling the water storage tanks overnight. He noted the City is pumping the same amount of water as it did last year at this time. MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 1988 PAGE 2 Mr. Nichols reviewed the logistics involved in refilling water tanks. Due to the dry season and the uncertainty of winter rains, staff is recommending Council adopt mandatory water con- servation measures to hopefully avoid the necessity of acquiring supplemental water. A Resolution implementing these procedures is provided for Council consideration; enforcement of the manda- tory program is to be by current City staff; Community Develop- ment, Public Works, and Police Department personnel. Mr. Nichols stated if the current situation worsens, it may be- come necessary to obtain supplemental sources of water. He re- viewed the possibilities, and requested Council authorize staff to develop agreements for supplemental water in the event it be- comes necessary. Mayor Reddell asked if there had been attempts to contact farmers in the area to eliminate some of their irrigation? Mr. Nichols stated no, although he noticed Hollister Ranch is irrigating less intensively than they were a few days ago. Councilmember Odell asked if there is a legal way to control the riparian water uses? Mr. Nichols stated his understanding is the City cannot tell them to stop irrigating. Councilmember Sheetz asked how much of a drain on the City's wa- ter resources the Harbor Festival would be with 20,000 people in Morro Bay over that weekend? Mr. Nichols stated he is concerned; Labor Day was a very water intensive use period in Morro Bay. Councilmember Lemons stated the 100,000 gallons loss of water through the fire hydrant knocked over by a U-Haul truck during Labor Day weekend may have contributed to the high weekend usage. Councilmember Odell stated the proposed regulations require hand - watering irrigation and prohibit automatic or sprinkler irriga- tion; he asked if drip irrigation is allowed? Mr. Nichols stated not as the measures are currently written. Mr. Napper suggested manual operation of irrigation systems might be efficient; Coun= cil can modify the measures if so desired. Councilmember Donnelly.suggested hot tubs and spas be included in Item 5 along with swimming pools. He also asked about fines if people are cited for violations. Anne Russell stated it would be a misdemeanor or infraction and the bail and fine would be estab- lished by the Court. Mayor Reddell opened the hearing to the public for comments. Ray Kaltenbach, 473 Sicily, asked what happened to the water banked from the retrofit program? He said there should be a building moratorium until the City verifies the amount of water MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 1988 PAGE 3 saved through retrofit and the pipeline replacement programs; he believes the figures on both programs are phony. Charles Palmer, 485 Estero, compared last year's rainfall to this year's and stated if the City is using the same amount, the ac- quifers should be recharging; the City must be pumping more water out of the basin than normal rainfall can replace. He said the City should take a serious look at what is going to happen, this situation will repeat each year and get worse. He recommended Council impose a moratorium to last until the City has control of the water situation; a water management program is not a solution. Bruce Risley, President of Civic Action League, said their offi- cers held an emergency meeting regarding this situation and have three recommendations: (1) cut off new water allocations; (2) suspend advertising to bring people to Morro Bay, suspend Chamber efforts to bring people to Morro Bay; and ( 3 ) conservation for water consumption should be equally applied to residents and tourists alike. Jane Bailey said while traveling in Spain one summer, an inn had water that came out of the tap very slowly so their tourist popu- lation was forced to save water. It is asking a lot for tourists to be thoughtful of our water. Karl Hampton encouraged Council to consider other solutions to the water situation rather than a moratorium. Katherine Walling asked if there are going to be restrictions on State Parks and the golf course? Mayor Reddell stated the pro- posed regulations do include the State Parks served by City wa- ter; the golf course has its own well. Jean Cartwright, Water Advisory Boardmember, stated she has spo- ken to Dave Sears, District Manager for the Morro Bay State Park, and they are discussing different fixtures for their showers in order to conserve water. She also mentioned trailers fill their water tanks at State Parks when they leave or arrive. "B" Rohan commented on out-of-town property owners whose irriga- tion system is on a timer, and suggested if Council was not going to allow sprinkler systems during a water shortage, perhaps they should prohibit installation of systems in new construction. Lou Romero stated he lives downstream of Hollister Ranch and asked Council if they are aware they can contact Fish and Game if ranchers dam streams? Any dams require prior Fish and Game ap- proval, and they have to allow a 4 inch stream to go through at all times. He said the City well would not have gone dry if wa- ter had not been dammed at Hollister Ranch; this Ranch dries the creek every 3rd day. MINUTES - MORRO BAPCITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 1988 PAGE 4 Mayor Reddell closed the hearing to the public. Councilmember Sheetz asked about Mr. Romero's information; Mr. Nichols stated he was not aware State Fish and Game had this au- thority and would contact them for further information. Mayor Reddell asked questions about consumption figures. Mr. Nichols displayed a graph of annual water production since 1975. He said the total water use by the community is holding level even though population has increased. Since 1965, historical per capita consumption has been reduced to 150-155 gallons per day. Councilmember Sheetz noted 1982-83 was a low tourism year re- flecting lower water production. The farms and tourism are caus- ing the problems this year; the City itself is holding its own. MOTION: Councilmember Odell moved for the adoption of Resolu- tion No. 107-88 instituting mandatory water conserva- tion with a modification to lb to allow manually con- trolled drip water systems along with hand watering, and adding hot -tubs and spas to number 5. The motion was seconded by Councilmember Sheetz. Council discussed State Parks and School District compliance with the measures; Mr. Napper stated he could correspond with them to request their cooperation. The motion was unanimously carried. (5-0) Councilmember Sheetz asked what would trigger another special Council meeting on this subject? Mr. Nichols said if additional wells go out of service because of draw -down of the acquifers, the City must seriously consider rationing. MOTION: Councilmember Donnelly moved staff be authorized to de- velop agreements to arrange for alternative sources of water if the need arises, and bring those arrangements back to Council. The motion was seconded by Coun- cilmember Odell and unanimously carried. (5-0) F. ADJOURNMENT MOTION: Councilmember Donnelly moved the meeting be adjourned. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) The meeting adjourned at 2:27 p.m. Recorded by: � C`--o ARDITH DAVI City Clerk 1 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 - SEPTEMBER 12, 1988 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE PRESENTATION - CERTIFICATES OF APPRECIATION TO MORRO BAY LIFEGUARDS FOR THEIR FIRST PLACE PERFORMANCE AT COUNTY -WIDE LIFEGUARD GAMES PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so by standing. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the fol- lowing actions are approved without discussion. A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF 22 AUGUST 1988, AND THE ADJOURNED REGULAR MEETING OF 24 AUGUST 1988 A-2 PROCLAMATION DECLARING OCTOBER 1988 AS "SAFE HARBOR ENTRANCE AWARENESS MONTH" A-3 PROCLAMATION DECLARING OCTOBER 1988 AS "SEAFOOD MONTH ON THE CENTRAL COAST" A-4 RESOLUTION NO. 89-88 ABANDONING A PORTION OF UNUSED RIGHT-OF-WAY ON LOGAN AVENUE, AND RESOLUTION NO. 90-88 ACCEPTING A DEDICATION OF RIGHT-OF-WAY ON ZANZIBAR STREET (DENMAN, PROPERTY OWNER) A-5 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (MATTHEWS) A-6 DECLARATION OF PROPERTY AND EQUIPMENT SURPLUS TO THE CITY'S NEEDS A-7 PROCLAMATION DESIGNATING OCTOBER 1ST THROUGH OCTOBER 9TH AS "COASTWEEK" AND OCTOBER 1ST AS "ADOPT -A -BEACH COASTAL CLEANUP DAY" 1 6 A-8 SET HEARING DATE (SEPTEMBER 26TH) FOR APPEAL TO PLANNING COMMISSION DENIAL OF CUP 23-88/CDP 69-88R ("THE MARKET" PROJECT, 870 EMBARCADERO; GUNTHER, APPELLANT) A-9 PROCLAMATION DECLARING OCTOBER 3RD THROUGH OCTOBER 7TH AS "DIAL -A -RIDE WEEK" A-10 RESOLUTION NO. 102-88 AWARDING CONTRACT FOR PROJECT PW 88-244, DIAL -A - RIDE COMMUNICATION SYSTEM UPGRADE A-11 RESOLUTION NO. 97-88 AMENDING AND APPROVING CUP 41-86 (AMENDED), FISHPUMP OPERATIONS AT 235 MAIN STREET (ORVAL LEAGE) A-12 RESOLUTION NO. 95-88 DENYING APPEAL AND APPROVING SIGN EXCEPTION PERMIT NO. 03-88 ALLOWING OUTSIDE DISPLAY OF RATES AT MORRO GARDENS MOTEL, 440 ATASCADERO ROAD A-13 PROCLAMATION DECLARING SEPTEMBER 15 THROUGH OCTOBER 15, 1988 AS "EROSION CONTROL MONTH" B-1 MIMOSA STREET ASSESSMENT DISTRICT PROJECT ENGINEER'S REPORT, APPROVAL OF FINAL PROJECT PLANS AND SPECIFICATIONS, AUTHORIZATION TO ADVERTISE FOR CONSTRUCTION BIDS, AND ESTABLISHMENT OF DATE FOR PROPERTY OWNERS' PROTEST HEARING B-2 INTERIM USE PERMIT 24-88 (CONCEPT PLAN) AND CDP 72-88R FOR ABALONE FARM OPERATIONS ON P.G.&E. PROPERTY ADJACENT TO FRONT STREET PARKING LOT, EMBARCADERO, AND NORTH OF SCOTT AVENUE B-3 COMMITTEE'S REPORT ON EXPERIENCE AND PROGRESS OF DOWNTOWN SIDEWALK SALES PILOT PROGRAM, AND ORDINANCE NO. 330 MODIFYING AND EXTENDING SIDEWALK SALES PROGRAM AND AREA FOR AN ADDITIONAL YEAR (FIRST READING) B-4 RESOLUTION NO. 104-88 OF INTENTION TO AMEND ZONING ORDINANCE (CHAPTER 17.44, PARKING) TO ESTABLISH PARKING IN LIEU FEES UNDER THE PARKING MANAGEMENT PLAN (REFERRAL TO PLANNING COMMISSION, PROPOSED ORDINANCE NO. 331) B-5 PROPOSED USE HEARING TO REALLOCATE ENCUMBERED FEDERAL REVENUE SHARING MONIES TO APPROVED CAPITAL PROJECTS FOR IMMEDIATE COMPLETION B-6 RESOLUTION NO. 103-88 AUTHORIZING CITY APPLICATION FOR URBAN MASS TRANSPORTATION ACT SECTION 18 CAPITAL PROJECTS GRANT MONIES 5-7 INTRODUCTION OF NORTH MAIN STREET SPECIFIC PLAN C-1 ORDINANCE NO. 327 ESTABLISHING AUTHORITY TO DESIGNATE CERTAIN PUBLIC AREAS AS NON -ALCOHOL CONSUMPTION ZONES (FINAL READING/ADOPTION) 2 11 C-2 ORDINANCE NO. 329 DELETING CERTAIN SECTIONS OF EXISTING HARBOR CODE TO ELIMINATE REGULATION OF SPECIAL USE AREAS IN HARBOR FOR SWIMMING, SKIN/SCUBA DIVING, AND SURFING (FINAL READING/ADOPTION) C-3 RESOLUTION NO. 96-88 DENYING APPEAL AND APPROVING CUP 26-88/CDP 73- 88R/TM-MB 88-121, PEOPLE'S SELF-HELP HOUSING 40 UNIT ELDERLY AND HANDICAPPED HOUSING PROJECT ON ELENA STREET C-4 FUNDING AUGMENTATION FOR THE ENVIRONMENTAL IMPACT REPORT AND WATERSHED SURVEYS ON THE COASTAL STREAMS DIVERSION AND STORAGE PROJECT C-5 RESOLUTION NO. 92-88 AMENDING PROJECT(S) DESIGNATION FOR FEDERAL AID TO URBAN SYSTEMS (FAU) STREET IMPROVEMENT FUNDS D. NEW BUSINESS D-1 DESIGNATION OF VOTING AND ALTERNATE DELEGATES TO LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE D-2 RESOLUTION NO. 91-88 APPROVING CONSENT TO SUBLEASE AGREEMENT FOR PORTIONS OF LEASE SITE 93-95 (HARBOR CENTER) TO BRUCE STAMP (dba ON THE BAY GALLERY) D-3 RESOLUTION NO. 93-88 APPROVING CONSENT TO SUBLEASE AGREEMENT FOR PORTIONS OF LEASE SITE 93-95 (HARBOR CENTER) TO SOPHIE HILL (GIFT SHOP USE) D-4 RESOLUTION NO. 94-88 APPROVING NEW CITY MASTER LEASE AGREEMENT FOR LEASE SITE NO. 150 WITH DAN H. WIXOM (dba WIXOM CONCRETE, INC.) D-5 WATER ADVISORY BOARD RECOMMENDATION REGARDING PROCEDURE TO ENACT MANDATORY WATER CONSERVATION PRACTICES AND CONTINGENCY SUPPLY PLANS D-6 PROPERTY OWNERS REQUESTS FOR CITY TO TRANSFER FEE TITLE TO "EXCESS" PARCEL STRIPS ON PINEY WAY AND PINEY LANE D-7 DESIGNATION OF OFFICIAL CITY ORGANIZATION MOTTO E. CLOSED SESSION E-1 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION, KEYOTO-NATALI V. CITY OF MORRO BAY E-2 GOVERNMENT CODE SECTION 54956.8, REAL PROPERTY NEGOTIATIONS, DOMENGHINI FLATS LANDS (DOMENGHINI TRUST, PROPERTY OWNER; CITY ADMINISTRATOR, CITY - NEGOTIATOR) 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. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1988 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Reddell called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Dale Reddell Paul Donnelly John Lemons Jeff Odell Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Anne Russell Louise Burt Alan Davis Bill Farrel Nick Nichols Bernie Zerr Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator Asst. City Attorney Finance Director Harbor Director Community Develop. Dir. Public Works Dir. Fire Chief City Clerk Reverend Mike Crites of the Morro Bay Assembly of God Church gave the invocation, and Horace Strong led the Pledge of Allegiance. - CERTIFICATES OF APPRECIATION TO MORRO BAY LIFE- GUARDS FOR THEIR PERFORMANCE AT COUNTY -WIDE LIFEGUARD GAMES Mayor Reddell presented Certificates of Appreciation to beach lifeguards Bruce Gray and Christie Pallette, pool lifeguard Anne Marie Arzuman, and harbor patrolman and lifeguard supervisor Jim Kroll. The City's lifeguards took first place in the Third Annual Lifeguard Competition in Avila Beach on August 17th. Those also receiving Certificates but not present were beach lifeguards Treve Jones and Mike Kingston, and pool lifeguards Diana MacElvaine and Tara Montgomery. PUBLIC COMMENT 1. Charles Palmer, 485 Estero, emphasized the need for the City to determine how much water is available on the Domenghini property before purchasing it. He also commented at length on how Morro Bay's water situation today is the same as it was in 1985, and the need for mandatory conservation methods to be adopted. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1988 PAGE 2 DECLARATION OF FUTURE AGENDA ITEMS Councilmember Odell made an announcement that the Inter -Agency Task Force on Morro Bay will be holding a public workshop on September 14th to discuss the state of the Morro Bay Estuary and its potential nomination to the National Estuary Program. He en- couraged people to attend and become informed. Mayor Reddell announced the Assistant City Attorney is not pre- sent and the meeting, according to City Code, cannot continue un- til legal counsel is present. Council recessed at 6:25 p.m. and reconvened at 6:47. City At- torney Judy Skousen was now present. A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF 22 AUGUST 1988, AND THE ADJOURNED REGULAR MEETING OF 24 AUGUST 1988 Mr. Napper recommended Council approve the minutes as submitted. A-2 PROCLAMATION DECLARING OCTOBER 1988 AS "SAFE HARBOR ENTRANCE AWARENESS MONTH" Mr. Napper recommended Council sign the Proclamation. A-3 PROCLAMATION DECLARING OCTOBER 1988 AS "SEAFOOD MONTH ON THE CENTRAL COAST" Mr. Napper recommended Council authorize the Mayor to sign the Proclamation. A-4 RESOLUTION NO. 89-88 ABANDONING A PORTION OF UNUSED RIGHT- OF-WAY ON LOGAN AVENUE, AND RESOLUTION NO. 90-88 ACCEPTING A DEDICATION OF RIGHT-OF-WAY ON ZANZIBAR STREET (DENMAN, PROPERTY OWNER) Mr. Napper recommended Council adopt Resolutions No. 89-88 (revised) and 90-88. A-5 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (MATTHEWS) Mr. Napper recommended Council deny the claim, and direct the City Clerk to sign and mail the appropriate rejection letter. A-6 DECLARATION OF PROPERTY AND EQUIPMENT SURPLUS TO THE CITY'S NEEDS Mr. Napper recommended Council declare the property and equipment surplus to the City's needs, and authorize staff to dispose of the property by auction or sale. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1988 PAGE 3 A-7 PROCLAMATION DESIGNATING OCTOBER 1ST THROUGH OCTOBER 9TH AS "COASTWEEK" AND OCTOBER 1ST AS "ADOPT -A -BEACH COASTAL CLEANUP DAY" Mr. Napper recommended Council authorize the Mayor to sign the Proclamation. A-8 SET HEARING DATE (SEPTEMBER 26TH) FOR APPEAL TO PLANNING COMMISSION DENIAL OF CUP 23-88/CDP 69-88R ("THE MARKET" PROJECT, 870 EMBARCADERO; GUNTHER, APPELLANT) Mr. Napper recommended Council set September 26th as the hearing date for the appeal, and instruct staff to prepare the appropri- ate notices and report. A-9 PROCLAMATION DECLARING OCTOBER 3RD THROUGH OCTOBER 7TH AS "DIAL -A -RIDE WEEK" Mr. Napper recommended Council authorize the Mayor to sign the Proclamation. A-10 _RESOLUTION NO. 102-88 AWARDING CONTRACT FOR PROJECT PW 88- 244, DIAL -A -RIDE COMMUNICATION SYSTEM UPGRADE Mr. Napper recommended Council adopt Resolution No. 102-88. A-11 RESOLUTION NO. 97-88 AMENDING AND APPROVING CUP 41-86 (AMENDED) FISHPUMP OPERATIONS AT 235 MAIN STREET (ORVAL LEAGE Mr. Napper recommended Council adopt Resolution No. 97-88. A-12 RESOLUTION NO 95-88 DENYING APPEAL AND APPROVING SIGN EX- CEPTION PERMIT NO 03-88 ALLOWING OUTSIDE DISPLAY OF RATES AT MORRO GARDENS MOTEL. 440 ATASCADERO ROAD Mr. Napper recommended Council adopt Resolution No. 95-88. A-13 PROCLAMATION DECLARING SEPTEMBER 15 THROUGH OCTOBER 15. 1988 AS "EROSION CONTROL MONTH" Mr. Napper recommended Council authorize the Mayor to sign the Proclamation. MOTION: Councilmember Odell moved for the approval of the Con- sent Calendar. The motion was seconded by Councilmem- ber Lemons and unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1988 PAGE 4 B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 MIMOSA STREET ASSESSMENT DISTRICT PROJECT ENGINEER'S REPORT APPROVAL OF FINAL PROJECT PLANS AND SPECIFICATIONS AUTHO- RIZATION TO ADVERTISE FOR CONSTRUCTION BIDS. AND ESTABLISH- MENT OF DATE FOR PROPERTY OWNERS' PROTEST HEARING Nick Nichols reviewed Council's previous actions regarding this property owner -initiated assessment district filed in November 1986. He noted the Resolutions proposed for adoption this evening include preliminary approval of the Engineer's Report, setting the time and place of hearing protests to the assessment district, establishing the prevailing wage scale, and calling for sealed proposals. He said he has just been advised there needs to be 30 days between the adoption of the resolution setting the protest hearing, and the actual hearing; Council should change the date in Resolution No. 99-88 to October 24th, rather than October loth. Anne Russell, Assistant City Attorney, arrived at 6:53 p.m.; Ms. Skousen left at that time. Mayor Reddell asked if the people in the area will be notified of the protest hearing; Mr. Nichols stated there will be individual notification to property owners. Terry Orton, Westland Engineering and Mimosa Street Assessment District Engineer -of -Work, stated he has a copy of the project drawings if any Councilmember wished to see them. They have been modified by previous Council direction to remove the sidewalk, and angle the improvements at Ironwood Avenue to save more of the Price's yard; it also makes for a better intersection. Drainage concerns have also been addressed and mitigated. He stated Mr. Haight, the attorney for the assessment district, is present to answer questions. Mayor Reddell opened the hearing to the public for comments. Council asked several questions; Mr. Orton confirmed the City En- gineer has approved the plans, the width of the street is 36 feet from curb to curb, the improvements are in accordance with the 1913 Improvement Act, and bonding is per the 1915 Improvement Act. There were no public comments; Mayor Reddell closed the hearing to the public. MOTION: Councilmember Sheetz moved for adoption of Resolutions No. 98-88 through 101-88, with the change of hearing date in Resolution No. 99-88 to October 24th. The mo- tion was seconded by Councilmember Donnelly and unani- mously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - PAGE 5 12, 1988 For the record, the Resolutions are as follows: Resolution No. 98-88, Preliminary Approval of Engineer's Report; Mimosa Street Assessment District Resolution No. 99-88, Appointing Time and Place of Hearing Protests in Relation to Proposed Acquisition and Construc- tion of Improvements, and Directing Notice; Mimosa Street Assessment District Resolution No. 100-88, Establishing Prevailing Wage Scale; Mimosa Street Assessment District Resolution No. 101-88, Calling for Sealed Proposals; Mimosa Street Assessment District B-2 INTERIM USE PERMIT 24-88 (CONCEPT PLAN) AND CDP 72-88R FOR ABALONE FARM OPERATIONS ON P.G.&E. PROPERTY ADJACENT TO FRONT STREET PARKING LOT, EMBARCADERO, AND NORTH OF SCOTT AVENUE Mr. Napper stated this item is pulled from the agenda due to the lack of appeal and Council's lack of jurisdictional purview; the Planning Commission's decision on the concept plan stands. B-3 COMMITTEE'S REPORT ON EXPERIENCE AND PROGRESS OF DOWNTOWN SIDEWALK SALES PILOT PROGRAM, AND ORDINANCE NO. 330 MODIFY- ING AND EXTENDING SIDEWALK SALES PROGRAM AND AREA FOR AN ADDITIONAL YEAR (FIRST READING) Mr. Farrel stated Council approved an Ordinance in November 1987 allowing temporary sidewalk sales and displays within the down- town area; Morro Bay Boulevard and Main Street. He reviewed the parameters within which the Ordinance operated noting a citizens committee was established to monitor the program and make recom- mendations for its continuance. He said the Committee recommends the program be continued for an additional year, and that minor changes be made to the Ordinance: include Fridays as a day of operation, and extend area boundaries on Main Street to Pacific Street, and on Morro Bay Boulevard to Kern Avenue. Mayor Reddell opened the hearing to the public for comments. Bob Finley, 450 Morro Bay Boulevard and Committee member, thanked Council for adopting the ordinance and staff for their coopera- tion with the merchants to make the ordinance work. He reviewed the success of the operation over the last year, and believed the additional year will see more merchants participate. Charles Palmer echoed those comments. Mayor Reddell closed the hearing to the public. • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1988 PAGE 6 MOTION: Councilmember Lemons moved Ordinance No. 330 be read by title and number only. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) Mr. Napper read Ordinance No. 330 by title and number only. MOTION: Councilmember Lemons moved for approval of the first reading of Ordinance No. 330. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) B-4 RESOLUTION NO. 104-88 OF INTENTION TO AMEND ZONING ORDINANCE (CHAPTER 17 44 PARKING) TO ESTABLISH PARKING IN LIEU FEES UNDER THE PARKING MANAGEMENT PLAN (REFERRAL TO PLANNING COMMISSION PROPOSED ORDINANCE NO 331) Mr. Farrel stated this item is before Council as a result of their approval of the Parking Management Plan at their last meet- ing. A draft ordinance has been prepared to amend the zoning or- dinance to allow Council to set in -lieu fees for parking by Reso- lution. Since this is an amendment to the Zoning Ordinance, it must be referred to the Planning Commission first for their recommendation. Mayor Reddell opened the hearing to the public for comments; there were no comments and the hearing was closed. MOTION: Councilmember Odell moved for adoption of Resolution No. 104-88. The motion was seconded by Councilmember Donnelly and unanimously carried. (5-0) B-5 PROPOSED USE HEARING TO REALLOCATE ENCUMBERED FEDERAL REVENUE SHARING MONIES TO APPROVED CAPITAL PROJECTS FOR IMMEDIATE COMPLETION Louise Burt noted the termination of the Federal Revenue Sharing program on September 30, 1986. The City's involvement in the Program remains, however, with projects and unexpended revenue sharing monies still "on the books". To end the City's require- ment for special reporting and hearings regarding expenditure of these funds, it is recommended the balance of Revenue Sharing Funds ($165,000) be replaced with $165,000 of the Street Overlay Project monies. The Revenue Sharing Funds will be placed in ap- propriate funds as outlined on Exhibit A of the staff report for completion this fiscal year. She noted no new projects are being deleted or added by this bookkeeping reallocation. Mayor Reddell opened the hearing to the public; there were no comments and the hearing was closed. Odell* MOTION: Councilmember/moved for approval of the Federal General Revenue Sharing reallocation program as outlined in *amended 9-26-88 meeting MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1988 PAGE 7 Exhibit A. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) B-6 RESOLUTION NO. 103-88 AUTHORIZING CITY APPLICATION FOR URBAN MASS TRANSPORTATION ACT SECTION 18 CAPITAL PROJECTS GRANT MONIES Mr. Nichols reviewed the UMTA Section 18 application for grant funds noting the projects being applied for are a transit van re- habilitation in the amount of $20,000, and an underground fuel storage tank/computerized fleet management project in the amount of $86,000. Councilmembers asked various questions concerning the intended improvements; Mr. Nichols noted a new van would cost approxi- mately $50,000 and staff believes the current van can be rehabil- itated for $20,000 to extend its life for several more years. Councilmember Lemons was concerned the request for a computer at the maintenance yard is not justified. Mr. Nichols stated it will be used by the mechanics for vehicle maintenance records and fuel dispersal; he noted the chief mechanic at the maintenance yard is computerizing spare parts information on his personal home computer because he lacks the necessary City equipment. Mayor Reddell opened the hearing to the public for comments; there were no comments ant the hearing was closed. Donnelly* MOTION: Councilmember/moved for the adoption of Resolution No. 103-88. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) B-7 INTRODUCTION OF NORTH MAIN STREET SPECIFIC PLAN Mr. Farrel stated preparation of the North Main Street Specific Plan began in 1985 as a result of several zone change requests along North Main Street. The proposed Plan is the result of con- siderable public input and a number of workshops; the Planning Commission has also approved the Plan. Since this will require an amendment to the Local Coastal Program, there will be a six - week review period before Council can take formal action. Johannah Varland, Special Projects Planner for the Community De- velopment Department, stated Council adopted an Interim Ordinance in 1986 to stop zone changes in the North Main Street area until a comprehensive study of the area could take place. The purpose of the North Main Street Specific Plan is to protect the residen- tial character of the neighborhood, and support a variety of com- mercial businesses. Ms. Varland explained a new zone being proposed, MCR (Mixed Com- mercial Residential), which would allow all of the existing com- mercial uses, most retail* and service commercial uses, a mix of * amended 9-26-88 meeting. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1988 PAGE 8 commercial and residential uses in any proportion, or total resi- dential. She also reviewed the neighborhood beautification pro- gram contained in the Plan for landscaping entry corridors and completing sidewalks. Councilmember Sheetz asked if the public improvements will be the responsibility of the City or the property owners? Ms. Varland said it will be part of the City program for capital improvement projects and also development standards will be established to require increased improvements and contributions from developers. Councilmember Donnelly asked about the curve proposed for North Main Street; he preferred it straight the way it is currently aligned. Mr. Farrel explained the aesthetics involved in the proposal state Main Street is currently a long, open, uninterest- ing asphalt street; if the City is able to provide small high- lights of landscaping and gently curve the street, it could break up the visual monotony. Councilmember Donnelly asked who would maintain the landscaping on the west side of Main Street? Ms. Varland stated it could either be the property owner on the east side of the street, or the City. Councilmember Donnelly stated he had liability concerns with a private property owner crossing a busy street to maintain City property. Councilmember Lemons asked where parking will be provided if a bicycle path is established on Main Street? Ms. Varland stated most of the on -street parking along North Main Street is between Sequoia and Elena; perhaps parking could be accommodated along Alder which would also encourage some of the merchants to clean- up the back of their businesses. Councilmember Lemons commented Alder Street accommodates a considerable amount of parking al- ready, and suggested staff look at this policy more closely. Ms. Varland stated the Planning Commission had considered a sugges- tion to detour the bikepath from Main Street, but they preferred to keep it continuous. Councilmember Sheetz asked how long it would take to implement the plan once adopted. Ms. Varland said the Coastal Commission should consider the Plan in Spring of next year; funding of the various programs will depend on budgetary constraints. Councilmember Lemons asked how the Coastal Commission would react to elimination of Visitor Serving Commercial zoning in North Main Street. Ms. Varland responding the new MCR zoning designation intends to include every visitor serving commercial use; over- night RV parks would not be allowed. Mayor Reddell was concerned the expansion of residential use in this area would cause a hardship on other property owners who have been waiting a number of years to build in Morro Bay. He also asked if this zone, which has the potential of creating more population in the City, could be in conflict with the City's pop- MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1988 PAGE 9 ulation control initiative, Measure F? Mr. Farrel stated staff must research this possibility. Councilmember Donnelly presented a schematic drawing of a possi- ble realignment to the Main Street off -ramp between Hwy. 41 and Radcliffe. The drawing illustrated the elimination of the Hwy. 41 off -ramp at Atascadero Road to relieve the congestion at that point. A new road would be constructed across from the Main St. off -ramp to Little Morro Creek Road, and the portion of Radcliffe from Main Street to Little Morro Creek Road would be eliminated. He believed this plan would relieve the long wait people are ex- periencing when trying to enter or leave the Harbor Front Tract area. Mr. Farrel stated staff would take the suggestion under advisement and send the item to CalTrans for their comments. Mayor Reddell opened the hearing to the public for comments. Charles Palmer, 485 Estero, stated Radcliffe/Main Street is a dangerous intersection and should be improved. Bill Meyer, 285 Piney Way, commented on the sketch suggested by Councilmember Donnelly concerning the right turn-off the highway onto Main Street. Councilmember Donnelly stated he is not sug- gesting changing the current Main St. off -ramp from Highway 1. Tom Wuriu, Juniper St., asked about public improvements to ad- dress drainage and flooding. Ms. Varland stated the Plan incor- porates drainage improvements cited in the Storm Drain Master Plan recently adopted by Council. MOTION: Councilmember Sheetz moved the hearing be continued to the next meeting. The motion was seconded by Coun- cilmember Lemons and unanimously carried. (5-0) C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 327 ESTABLISHING AUTHORITY TO DESIGNATE CERTAIN PUBLIC AREAS AS NON -ALCOHOL CONSUMPTION ZONES (FINAL READING/ADOPTION) Mr. Napper stated this Ordinance will go into effect October 12th; staff will return to Council with a resolution to prohibit drinking in "City" Park. MOTION: Councilmember Donnelly moved Ordinance No. 327 be read by title and number only. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) Mr. Napper read Ordinance No. 327 by title and number only. MOTION: Councilmember Donnelly moved for adoption of Ordinance No. 327 as second and final reading. The motion was MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1988 PAGE 10 seconded by Councilmember Lemons and unanimously carried. (5-0) NOTE: Ordinance No. 327 has been renumbered from Ordinance No. 363 due to a typographical error. C-2 ORDINANCE NO. 329 DELETING CERTAIN SECTIONS OF EXISTING HARBOR CODE TO ELIMINATE REGULATION OF SPECIAL USE AREAS IN HARBOR FOR SWIMMING SKIN/SCUBA DIVING, AND SURFING (FINAL READING/ADOPTION) MOTION: Councilmember Donnelly moved Ordinance No. 329 be read by title and number only. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) Mr. Napper read Ordinance No. 329 by title and number only. MOTION: Councilmember Donnelly moved for adoption of the second and final reading of Ordinance No. 329. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) NOTE: Ordinance No. 329 has been renumbered from Ordinance No. 365 due to a typographical error. C-3 RESOLUTION NO 96-88 DENYING APPEAL AND APPROVING CUP 26- 88/CDP 73-88R/TM-MB 88-121, PEOPLE'S SELF-HELP HOUSING 40 UNIT ELDERLY AND HANDICAPPED HOUSING PROJECT ON ELENA STREET Councilmember Odell stepped down from consideration on this item due to a possible conflict of interest. Mr. Napper stated Council, at their last meeting, upheld a Plan- ning Commission decision to approve the concept plan on this se- nior housing project. A formal resolution confirming Council ac- tion is prepared for adoption. Staff is working with People's Self -Help Housing on the concerns expressed at the public hearing. MOTION: Councilmember Sheetz moved for the adoption of Resolu- tion No. 96-88. The motion was seconded by Councilmem- ber Lemons and carried with Councilmember Odell abstaining. (4-0-1) Councilmember Odell returned to his Council seat. C-4 FUNDING AUGMENTATION FOR THE ENVIRONMENTAL IMPACT REPORT AND WATERSHED SURVEYS ON THE COASTAL STREAMS DIVERSION AND STORAGE PROJECT Mr. Nichols reviewed the proposal from Leedshill-Herkenhoff, Inc. to prepare the EIR and Watershed Surveys for the Coastal Streams MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1988 PAGE 11 Diversion and Storage Project. Their proposal also includes re- view of institutional and financial alternatives for implementa- tion and operation of the project, and evaluation of alternative storage sites and diversions in lieu of using Whale Rock Reser- voir. The total studies are estimated at $84,000 to $118,000. Staff requests Council approve additional funding in the amount of $11,500 to pay for the additional studies; by previous action, Council had allocated $42,500 as the City's 50% share of the joint study with the Whale Rock Commission. Also included is a Memorandum of Understanding which establishes a project Management Team composed of representatives of the Whale Rock Commission and the City of Morro Bay to administer the contract and implement policy directions. MOTION: Councilmember Lemons moved Council authorize the Mayor to sign the contract with Leedshill- Herkenhoff, Inc. for an Environmental Impact Report/ Watersheds Surveys and associated studies on the Coastal Streams Diversion and Storage Project, and to sign the Memorandum of Understanding with the Whale Rock Commission outlining project management; and, au- thorize $11,500 from the New Water Production Reserve Account to augment the Coastal Streams project account. The motion was seconded by Councilmember Donnelly. The motion was unanimously carried by roll call vote. (5-0) Council recessed from 8:29 p.m. to 8:41 p.m. C-5 RESOLUTION NO. 92-88 AMENDING PROJECT(S) DESIGNATION FOR FEDERAL AID TO URBAN SYSTEMS (FAU) STREET IMPROVEMENT FUNDS Mr. Nichols stated Council had initially adopted a Resolution re- questing the FAU Statewide Committee to commit the City's unobli- gated FAU funds to the Twin Bridges project. Subsequently, Coun- cil decided to rescind that action and request a time extension from the Committee to obligate the FAU monies. Mr. Nichols re- viewed possible funding alternatives, and recommended Council se- lect the Main Street/Quintana Road intersection signalization project at a total cost of $260,000. He stated it is second in priority in the Circulation Element; the Morro Bay Boulevard/ Quintana Road project is first, but should wait for the Williams Brothers Shopping Center proposal before implementing. Councilmember Sheetz asked what affect a Main Street/Quintana Road signalization would have on the Radcliffe congestion prob- lem. Mr. Nichols stated it may help by providing gaps in the traffic patterns. Councilmember Sheetz asked why staff was rec- ommending this intersection? Mr. Nichols stated it is the busi- est street in town, it has the highest peak volumes, and it is MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1988 PAGE 12 the second highest priority in the Circulation Element for traf- fic improvements. MOTION: Councilmember Odell moved Council adopt Resolution No. 92-88, Option A, the Main Street/Quintana Road signal- ization project. The motion was seconded by Coun- cilmember Sheetz and unanimously carried. (5-0) D. NEW BUSINESS D-1 DESIGNATION OF VOTING AND ALTERNATE DELEGATES TO LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE Mr. Napper stated a voting delegate and alternate is needed for the League of California Cities Annual Conference in San Diego. During the Business Session, officials will be voting on posi- tions to take on State and Federal government issues, and the City's voting delegate will represent Morro Bay at this meeting. Mr. Napper stated the Mayor and all Councilmembers have indicated their intention to attend to the Conference. MOTION: Councilmember Sheetz moved Mayor Reddell be selected as the City's delegate to the League of California Cities Annual Convention, and Councilmember Donnelly be the alternate. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) D-2 RESOLUTION NO. 91-88 APPROVING CONSENT TO SUBLEASE AGREEMENT FOR PORTIONS OF LEASE SITE 93-95 (HARBOR CENTER) TO BRUCE STAMP (dba ON THE BAY GALLERY) Mr. Davis reviewed the request from James and Margie George to sublease a portion of their lease site to Bruce A. Stamp; Mr. Stamp plans to sell wood sculptures at this site. Mr. Davis noted the lease payments due on the site, and the re- quirement for in -lieu parking payment. He said Mr. George is currently refinancing the project and requested an extension on past -due payments of and in -lieu parking fees until the financing is completed, which should be 45 to 60 days. Due to the progress made in bringing this lease site into a viable business opera- tion, Mr. Davis recommended allowing the extension. Mr. Napper suggested Council amend the proposed Resolution No. 91-88 in the fifth paragraph to eliminate the words, "...subject to payment of all monies due to City by Master lessees." He said the Master Lease is sufficient to allow the City to enforce the lease obligations. MOTION: Councilmember Odell moved for the adoption of Resolu- tion No. 91-88 as amended. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1988 PAGE 13 D-3 RESOLUTION NO. 93-88 APPROVING CONSENT TO SUBLEASE AGREEMENT FOR PORTIONS OF LEASE SITE 93-95 (HARBOR CENTER) TO SOPHIE HILL (GIFT SHOP USE) Mr. Napper stated this is a similar request to the previous one from Mr. George for the same lease site. He requested Council approve the Resolution to eliminate the same wording as in Reso- lution No. 91-88. MOTION: Councilmember Sheetz moved for the adoption of Resolu- tion No. 93-88 as amended. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) D-4 RESOLUTION NO. 94-88 APPROVING NEW CITY MASTER LEASE AGREE- MENT FOR LEASE SITE NO 150 WITH DAN H. WIXOM (dba WIXOM CONCRETE, INC.) Mr. Davis reviewed the proposed 20-year lease for Mr. Wixom to operate a batch plant for production and sale of ready -mix and transit mix concrete. He said Mr. Wixom has been a good tenant in the past, and previous lease requirements are in order. After Council approval, the lease will be forwarded to Cayucos Sanitary District for their approval, since the lease area is jointly owned by the City and Cayucos Sanitary District. MOTION: Councilmember Odell moved for the adoption of Resolu- tion No. 94-88. The motion was seconded by Councilmem- ber Sheetz and unanimously carried. (5-0) D-5 WATER ADVISORY BOARD RECOMMENDATION REGARDING PROCEDURE TO ENACT MANDATORY WATER CONSERVATION PRACTICES AND CONTINGENCY SUPPLY PLANS Mr. Nichols stated the Water Advisory Board (WAB) has recently reviewed a staff report on the City's water well aquifer condi- tions and contingency plans for water conservation. They recom- mend Council adopt the October 28, 1985 staff report entitled "Contingency Plans for Mandatory Water Conservation and Emergency Water Supply" to be implemented by staff at various "trigger" points without necessitating Council action. Other recommenda- tions included requiring campgrounds and RV parks to institute water use restrictions, approach the Whale Rock Commission with plans to borrow water in an emergency, and posting signs at parks and restrooms and State campgrounds regarding the water shortage and urging the public to conserve. Mr. Nichols emphasized there is no immediate need to be concerned at this time, but there is a need to prepare. Staff believes Council input should be received before any emergency measures are taken, and a special meeting of the Council can be called if necessary. Mr. Nichols reviewed the City's present water well MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1988 PAGE 14 levels and compared them to 3 years ago when the City experienced low water levels. Mayor Reddell asked if the City is using more water than last year? Mr. Nichols stated it is identical within 3 acre feet; in- creased water use by the community is not occurring at this time. Councilmember Donnelly asked if there has been indication from the Water Quality Control Board of possible water quality degra- dation that could force the agriculture uses to be restricted. Mr. Nichols did not know if they kept records; however, he stated the agriculture riparian water rights are superior to the City's appropriative rights. There was further discussion noting inten- sive agriculture uses in our watershed basins; Mr. Nichols empha- sized two low rainfall years are also contributing to the situation. Councilmember Odell reminded Council he previously requested a joint meeting between Council and the Water Advisory Board to discuss their concerns and these issues; he wondered why that meeting has never been scheduled? Mayor Reddell agreed with staff the decision regarding a water emergency should be decided by Council, not staff. Councilmember Donnelly questioned the advisability of using the alternate water days for residents to water their lawn. He said some people may use more water if they are restricted to watering only on certain days than if they were allowed to water when they want to. Mayor Reddell said the highest water users in the City are the State Park and High School; the High School should be required to retrofit their water fixtures. He said the people in Morro Bay use less water than any of the people in the State. MOTION: Councilmember Sheetz moved Council retain existing Or- dinance procedures declaring water emergencies and mandatory conservation practices, and the Water Advi- sory Board make arrangements to use some of their bud- geted funds to post signs regarding water conservation in State parks and other places of high water use. The motion was seconded by Councilmember Donnelly. There was a suggestion to ask restaurants to serve water only when requested by customers; Councilmember Donnelly stated the City of San Luis has small signs placed on restaurant tables telling customers how much water is used each time a glass is filled (e.g. water, ice, washing the glass). Mr. Napper stated he would correspond with the Motel/Restaurant Association and ask them to participate. There was discussion concerning developing a public information flyer about water conservation; Mr. Napper was directed to contact the Sun -Bulletin to see if they would put a flyer in the newspaper as a public service announcement. MINUTES - MORRO BAPCITY COUNCIL • REGULAR MEETING - SEPTEMBER 12, 1988 PAGE 15 Councilmember Sheetz amended her motion to include the City Administrator be directed to see if the Sun -Bul- letin would place a City -prepared flyer regarding water conservation in their newspaper as a public service. The amendment was accepted by Councilmember Donnelly and unanimously carried. (5-0) D-6 PROPERTY OWNERS REQUESTS FOR CITY TO TRANSFER FEE TITLE TO "EXCESS" PARCEL STRIPS ON PINEY WAY AND PINEY LANE Mr. Nichols reviewed his staff report on this item explaining the complex procedural requirements to relinquish a strip of property in front of private property at the property owners request. MOTION: Councilmember Lemons moved staff proceed expeditiously to prepare the appropriate resolutions to accept por- tions of the County's fee property quit -claim to the City (APN's 66-187-06; 66-225-14 portions for storm drainage and Piney Way widening), and that staff be in- structed to request the County sell the remaining por- tions of APN 66-225-14 to the adjacent property owners. The motion was seconded by Councilmember Sheetz. Councilmember Odell asked how much this will cost the City? Mr. Nichols stated nothing, other than there have been numerous hours of staff and City Attorney time spent in researching and develop- ing the procedures to accomplish the request of the property owners. The motion was unanimously carried. (5-0) D-7 DESIGNATION OF OFFICIAL CITY ORGANIZATION MOTTO Mr. Napper explained the City Employee Relations Committee con- test to develop an official City motto based on the recently Council -adopted Mission Statement. Many suggestions were submit- ted by employees, but the one selected, "Rock Solid Commitment", best expresses the intent of the Mission Statement. "Rock Solid Commitment" was submitted by Sandi Ford, Code Enforcement Officer in the Community Development Department. He noted a City Motto is an expression of the municipal organization, and differs from a City slogan or saying. MOTION: Councilmember Donnelly moved Council adopt "Rock Solid Commitment" as the official City organization motto. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) 0 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 12, 1988 PAGE 16 E. CLOSED SESSION MOTION: Councilmember Sheetz moved the meeting adjourned to Closed Session. The motion was seconded by Councilmem- ber Lemons and unanimously carried. (5-0) Mayor Reddell stated the Council to discuss pending litigation in City of Morro Bay, in accordan4 54956.9(a); and real property Flats Lands in accordance with (Domenghini Trust, property ov Negotiator). is adjourning to Closed Session the matter of Keyoto-Natalie v. :e with Government Code Section negotiations on the Domenghini Government Code Section 54956.8 ner; City Administrator, City The meeting adjourned to Closed Session at 9:45 p.m. and returned to regular session at 10:49 p.m. F. ADJOURNMENT MOTION: Councilmember Sheetz moved the meeting be adjourned. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) The meeting adjourned at 10:49 p.m. Recorded by: a Afl" ARDITH 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. ADJOURNED REGULAR MEETING - AUGUST 24, 1988 CITY HALL CONFERENCE ROOM - 5:15 P.M. 595 HARBOR ST., MORRO BAY, CA ROLL CALL PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so by standing. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. C. UNFINISHED BUSINESS C-3 RECOMMENDATIONS FROM STREET ADVISORY COMMITTEE CONCERNING PROJECTS FOR FEDERAL AID TO URBAN SYSTEMS (FAU) STREET IMPROVEMENT FUNDS E. CLOSED SESSION E-1 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION A. KEYOTO-NATALIE. INC. VS CITY OF MORRO BAY B. CIVIC ACTION LEAGUE VS CITY OF MORRO BAY C. PROPERTY OWNERS PROTESTS TO STATE WATER RESOURCES CONTROL BOARD, CITY WATER RIGHTS APPLICATION NO. 28629 (TORO CREEK) E-2 GOVERNMENT CODE SECTION 54956.8, REAL PROPERTY NEGOTIATIONS A. LEASE SITE NO. 102, 102W, 105.1W AND 105.2; DEGARIMORE B. LEASE SITE NO. 91-92W; ANDERSON C. VACANT PROPERTY ON EMBARCADERO (APN 66-332-03) BETWEEN GIANT CHESSBOARD AREA AND BAY VIEW TRAILER PARK (OGLE, PROPERTY OWNER) E-3 GOVERNMENT CODE SECTION 54956.9(C), POTENTIAL LITIGATION 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. MINUTES - MORRO BAY CITY COUNCIL ADJOURNED REGULAR MEETING - AUGUST 24, 1988 CITY HALL CONFERENCE ROOM - 5:15 P.M. Mayor Reddell called the meeting to order at 5:20 p.m. ROLL CALL PRESENT: Dale Reddell Paul Donnelly John Lemons Jeff Odell Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Judy Skousen Bill Farrel Nick Nichols Bill Boucher Elane Novak PUBLIC COMMENT None C. UNFINISHED BUSINESS Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Community Develop. Dir. Public works Dir. Assoc. Civil Eng. Deputy City Clerk C-3 RECOMMENDATIONS FROM STREET ADVISORY COMMITTEE CONCERNING PROJECTS FOR FEDERAL AID TO URBAN SYSTEMS (FAU) STREET IMPROVEMENT FUNDS Mr. Nichols reviewed the fact the City Council at their July 25, 1988 meeting had considered the allocation of FAU funds and approved the following motions: 1. Adopted Resolution No. 74-88 committing FAU funds to the Twin Bridges Replacement Project; 2. Referred the matter back to the Street Advisory Committee for exploration and recommendations regarding alternative projects; and 3. Directed Staff to investigate the cost/effectiveness of "selling" FAU funds. He outlined the recommendations made by the Street Advisory Committee to utilize the $212,337 FAU funds for 3 street projects: Main Street (Highway 1 to Surf); Harbor Street (Morro Bay Blvd. to Main Street); and Embarcadero (Beach Street to Coleman Drive). He also indicated that no matter how the funds were spent, the,City must ask for a time extension. He indicated the State Fau Committee said the City will be held to the MINUTES - MORRO B CITY COUNCIL ADJOURNED REGULAR WETING - AUGUST 24, 1988 PAGE 2 specific project named in the time extension, and could not change the project without causing a State "buy-out" of our funds at 60%. In the ensuing discussion, Council and Staff tried to determine if Twin Bridges would in fact be a good project to pursue. Councilmember Lemons asked how much of the actual FAU funds could be used on Twin Bridges? Mr. Nichols said that the whole $212,000 could be used on the project. Mayor Reddell asked if County was committed to the Twin Bridges Project and if they had allocated any FAU money to this project? Mr. Nichols indicated he had talked with the County Engineer who is in favor of the project, but the County has to date only allocated $100,000 of their monies. Council and Staff also explored the idea of selling FAU funds. Mr. Nichols indicated the City of Hayward is buying FAU funds and are paying 75 - 80%. Mr. Nichols noted we could sell a portion of the FAU money if City wanted to retain certain funds for specific projects. Councilmember Lemons asked when the Environment Impact Report would be completed for Twin Bridges? Mr. Nichols said probably after the first of the year (1989). Councilmember Lemons asked for the likely time this project (Twin Bridges) could start? Mr. Nichols said at the earliest, Summer of 1990; most likely, 1991. Councilmember Lemons and members of the Street Advisory Committee said the City should go to LAFCO and de -annex South Bay Blvd. and the Twin Bridges site; any major intersecting road such as this should be a County Highway. The general consensus was in agreement with Councilmember Lemons,but it would be difficult to obtain approval without having the road and bridge to highway standards. Mayor Reddell indicated he would like to see a portion of the FAU funds go to street projects, but those projects listed in the newly -adopted Circulation Element. Councilmember Lemons asked about transportation impact fees on new development projects. Mr. Napper noted some apportioned fees have been collected (e.g. Morro Bay Blvd./Quintana Road traffic signal),and will continue to be collected and set aside in separate accounts for the project(s) which they were intended. MINUTES - MORRO BPg&CITY COUNCIL ADJOURNED REGULAR ETING - AUGUST 24, 1988 • PAGE 3 MOTION: Councilmember Sheetz made a motion to return this item to staff for determination of the project estimates for a traffic signal at Main Street and Quintana Road, and an intersection realignment at San Jacinto/Alder/and Main Street; and, that staff prepare an accompanying Resolution allowing Council to re -designate their project(s) for submittal to the State FAU Committee requesting a time extension to expend these FAU monies. The motion was seconded by Mayor Reddell, and carried on the following vote: AYES: Sheetz, Reddell, Lemons, Odell NOES: Donnelly MOTION: Councilmember Sheetz moved the Council adjourn to Closed Session. The motion was seconded by Councilmember Odell, and unanimously carried. Mayor Reddell announced the Morro Bay City Council will now adjourn to a Closed Session to discuss the following items: 1. Government Code Section 54956.9(A), Pending Litigation A. Keyoto-Natalie, Inc. v City of Morro Bay B. Civic Action League v City of Morro Bay C. Property Owners Protests to State Water Resources Control Board, City Water Rights Application No. 28629 (Toro Creek) 2. Government Code Section 54956.8, Real Property Negotiations A. Lease Site No. 102, 102W, 105.1W, 105.2; DeGarimore B. Lease Site No. 91-92W; Anderson C. Vacant Property on Embarcadero (APN 66-332-03) Between Giant Chessboard Area and Bay View Trailer Park (Ogle, property owner) D. Domenghini Flats Property, South of South Bay Boulevard (Domenghini Trust, property owner) E. Lease Site 150; Wixom Concrete, Inc. 3. Government Code Section 54956.9(C), Potential Litigation The City Council adjourned to closed session at 6:33 p.m., and returned to open session at 8:05 p.m. MINUTES - MORRO BJMCITY COUNCIL • ADJOURNED REGULAR VEETING - AUGUST 24, 1988 PAGE 4 MOTION: Councilmember Donnelly moved the meeting be adjourned. The motion was seconded by Councilmember Odell, and unanimously carried. The meeting adjourned at 8:05 p.m. Respectfully submitted, Elane Novak Deputy City Clerk 0 8-ate - S'S 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 - AUGUST 22, 1988 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE - MOST VALUABLE EMPLOYEE AWARDS 1. CAROL ROMEREIM; OCTOBER-DECEMBER 1987 QUARTER 2. DAVID BUGHER; APRIL-JUNE 1988 QUARTER PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so by standing. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the fol- lowing actions are approved without discussion. A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF AUGUST 8, 1988, AND THE ADJOURNED REGULAR MEETING OF AUGUST 10, 1988 A-2 STATEMENT OF INVESTMENTS - JULY 1988 A-3 EXPENDITURE REPORT - JULY 1988 A-4 RESOLUTION NO. 84-88 ADOPTING COURT BAIL SCHEDULES FOR VARIOUS FIRE CODE VIOLATIONS A-5 RESOLUTION NO. 85-88 AMENDING AND SETTING FINAL CITY BUDGET FOR FY 88-89 A-6 RESOLUTION NO. 87-88 APPROVING ANNEXATION NO. 4 (GIST; UNINHABITED SINGLE PARCEL, NORTHWEST CORNER OF ZANZIBAR STREET AND PANORAMA DRIVE) A-7 AUTHORIZATION TO EXECUTE COST SHARING AGREEMENT WITH U.S. ARMY CORPS OF ENGINEERS FOR FEASIBILITY STUDY ON MORRO BAY HARBOR ENTRANCE PROJECT A-8 PROCLAMATION DECLARING SEPTEMBER 16TH AS POW/MIA RECOGNITION DAY A-9 PROCLAMATION DECLARING SEPTEMBER 1988 AS U.S. CONSTITUTION MONTH A-10 PROCLAMATION DECLARING SEPTEMBER 8TH AS INTERNATIONAL LITERACY DAY A-11 RESOLUTION NO. 86-88 AUTHORIZING CITY ATTORNEY TO EMPLOY ASSISTANT CITY ATTORNEY B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 CONTINUED PUBLIC HEARING FOR APPEAL OF CONDITIONS TO CUP 41-86 (AMENDED), FISHPUMP OPERATIONS AT 235 MAIN STREET (ORVAL LEAGE, APPELLANT) B-2 PUBLIC HEARING FOR CITIZENS APPEAL OF PLANNING COMMISSION APPROVAL OF PEOPLES' SELF-HELP HOUSING 40-UNIT SENIOR HOUSING PROJECT ON ELENA STREET (CUP 26-88/CDP 73-88R/TM-MB 88-121) B-3 PUBLIC HEARING ON APPEAL TO SIGN PERMIT NO. 03-88 APPROVED BY PLANNING COMMISSION TO ALLOW OUTSIDE DISPLAY OF RATES AT MORRO GARDENS MOTEL, 440 ATASCADERO ROAD (MORRO BAY MOTEL/HOTEL AND RESTAURANT ASSOCIATION, APPELLANT) B-4 INTERIM URGENCY ZONING ORDINANCE TO ESTABLISH PARTIAL BUILDING MORATORIUM ON EAST AND WEST SIDE OF EMBARCADERO, SOUTH STREET NORTH TO BEACH STREET (ORDINANCE NO. 364) B-5 ORDINANCE NO. 365 DELETING CERTAIN SECTIONS OF EXISTING HARBOR ORDINANCE TO ELIMINATE REGULATION OF SPECIAL USE AREAS IN HARBOR FOR SWIMMING, SKIN/SCUBA DIVING, AND SURFING (FIRST READING) B-6 PUBLIC HEARING ON RECOMMENDED AMENDMENTS TO LOCAL COASTAL PROGRAM, SUB -AREAS 2 AND 5 UNDER INTERIM URGENCY ZONING ORDINANCE STUDY AREA (CASE NO. LUP/ZOA 02-88; CLOISTERS AND SURROUNDING PROPERTIES) B-7 ORDINANCE NO. 363 ESTABLISHING AUTHORITY TO DESIGNATE CERTAIN PUBLIC AREAS AS NON -ALCOHOL CONSUMPTION ZONES (FIRST READING) B-8 CONSIDERATION OF ESTABLISHING A PARKING MANAGEMENT PLAN FOR EMBARCADERO AND DOWNTOWN MORRO BAY AREAS C. UNFINISHED BUSINESS C-1 DISCUSSION OF ENACTING AN ORDINANCE MANDATING RESIDENTIAL FIRE SPRINKLER SYSTEMS IN NEW HOMES CONSTRUCTED IN AREAS OR DESIGNED IN WAYS THAT IMPEDE FIRE SUPPRESSION ACCESS C-2 AUTHORIZATION OF ADDITIONAL FUNDS TO EXPAND SCOPE OF STUDIES ON TORO CREEK WELL PROJECT ENVIRONMENTAL IMPACT REPORT C-3 RECOMMENDATIONS FROM STREET ADVISORY COMMITTEE CONCERNING PROJECTS FOR FEDERAL AID TO URBAN SYSTEMS (FAU) STREET IMPROVEMENT FUNDS 2 NONE E. CLOSED SESSION E-1 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION A. KEYOTO-NATALIE INC VS CITY OF MORRO BAY B. CIVIC ACTION LEAGUE VS CITY OF MORRO BAY C. PROPERTY OWNERS PROTESTS TO STATE WATER RESOURCES CONTROL BOARD, CITY WATER RIGHTS APPLICATION NO. 28629 (TORO CREEK) E-2 GOVERNMENT CODE SECTION 54956.8, REAL PROPERTY NEGOTIATIONS A. LEASE SITE NO. 102, 102W, 105.1W AND 105.2; DEGARIMORE B. LEASE SITE NO. 91-92W; ANDERSON C. VACANT PROPERTY ON EMBARCADERO (APN 66-332-03) BETWEEN GIANT CHESSBOARD AREA AND BAY VIEW TRAILER PARK (OGLE, PROPERTY OWNER) E-3 GOVERNMENT CODE SECTION 54956.9(C), POTENTIAL LITIGATION F. ADJOURNMENT TO WEDNESDAY, 24 AUGUST 1988 (5:15 PM) IN CITY HALL CON- FERENCE ROOM, 595 HARBOR STREET, MORRO BAY, FOR CLOSED SESSION PURPOSES 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. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 22, 1988 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Reddell called the meeting to order at 6:04 p.m. PRESENT: Dale Reddell Paul Donnelly John Lemons Jeff Odell Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Judy Skousen Louise Burt Bill Farrel Dave Howell Nick Nichols Steve Wolter Bernie Zerr Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Finance Director Community Develop. Police Chief Public Works Dir. Recreation & Parks Fire Chief City Clerk Dir. Dir. Reverend Charles Erickson of St. Peters Episcopal Church gave the invocation, and Horace Strong led the Pledge of Allegiance. 1. CAROL ROMEREIM; OCTOBER-DECEMBER 1987 QUARTER 2. DAVID BUGHER; APRIL-JUNE 1988 QUARTER Mayor Reddell presented awards Secretary; and Dave Bugher, thanked Ms. Romereim and Mr. City. to Carol Romereim, Associate Planner. Bugher for their 1. John Baker, 450 San Jac agenda regarding sprinkler system Council to adopt such an ordinan should be required in all homes, stated if sprinkler systems were needs in the Fire Department for homeowner would also realize premiums. Fire Department Mayor Reddell services to the into, referenced Item C-1 on the s in new homes. He encouraged ce and stated sprinkler systems not just new homes. Mr. Baker in homes, it would eliminate very expensive equipment. The a savings on fire insurance MINUTES - MORRO BAOICITY COUNCIL REGULAR MEETING - AUGUST 22, 1988 PAGE 2 2. Ed Smith, Morro Bay Beautiful, said the School District was going to place their gazebo on Morro Elementary School grounds near the new Community Center. Morro Bay Beautiful likes this new location and the Recreation and Parks Commission voted unanimously to place the Morro Bay Beautiful gazebo at this spot. But, the School District Superintendent pulled the matter from consideration because the gazebo was too controversial in Morro Bay. He urged the City Council to echo the Commission's feelings to the School District that a gazebo is preferred at the school site. 3. Mary Kunz, 450 Piney Way, asked if she could make a statement regarding B-2, the senior housing project; Mayor Reddell said she could make her comments during the public hear- ing on this item. 4. Ray Kaltenbach, 473 Sicily, expressed concern regarding the City's water situation; he said the wells are almost 11 feet lower than last year at this time. He encouraged Council to im- plement a water conservation plan similar to San Luis Obispo's. 5. Charles Palmer, 485 Estero, commented on the Whale Rock Commission meeting held this date and their exclusion of City of Morro Bay staff input on the contract. He does not feel this is in the best interests of the City of Morro Bay, and said he does not trust the Whale Rock Commission staff. • '-` - • • is None A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF AUGUST 8. 1988, AND THE ADJOURNED REGULAR MEETING OF AUGUST 10, 1988 Mr. Napper recommended Council approve the minutes as submitted. Mr. Napper recommended Council receive the report for file. Mr. Napper recommended Council approve the Expenditure Report as submitted. A-4 RESOLUTION NO, 84-88 ADOPTING COURT BAIL SCHEDULES FOR VARIOUS FIRE CODE VIOLATIONS Mr. Napper recommended Council adopt Resolution No. 84-88. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 22, 1988 PAGE 3 A-5 RESOLUTION NO 85-88 AMENDING AND SETTING FINAL CITY BUDGET FOR FY 88-89 Mr. Napper recommended Council adopt Resolution No. 85-88. A-6 RESOLUTION NO 87-88 APPROVING ANNEXATION NO 4 (GIST• UNINHABITED SINGLE PARCEL NORTHWEST CORNER OF ZANZIBAR STREET AND PANORAMA DRIVE) Mr. Napper recommended Council adopt Resolution No. 87-88, and direct the applicant pay the tax transfer fee. A-7 AUTHORIZATION TO EXECUTE COST SHARING AGREEMENT WITH U.S. ARMY CORPS OF ENGINEERS FOR FEASIB_I_LITY STUDY ON MORRO BAY HARBOR ENTRANCE PROJECT Mr. Napper recommended Council authorize the Mayor to sign the Cost Sharing Agreement. A-8 PROCLAMATION DECLARING SEPTEMBER 16TH AS POW/MIA RECOGNITION DAY Mr. Napper recommended Council authorize the Mayor to sign the Proclamation. A-9 PROCLAMATION DECLARING—SEPTEMBER 1988 AS U.S. CONSTITUTION Mr. Napper recommended Council authorize the Mayor to sign the Proclamation. A-10 PROCLAMATION DECLARING SEPTEMBER 8TH AS INTERNATIONAL LITERACY DAY Mr. Napper recommended Council authorize the Mayor to sign the Proclamation. A-11 RESOLUTION NO, 86-88 AUTHORIZING CITY ATTORNEY TO EMPLOY ASSISTANT CITY ATTORNEY Mr. Napper recommended Council adopt Resolution No. 86-88 Councilmember Odell made a correction to the minutes of August 8th on page 10 in the second paragraph, first sentence. He said the first part of his statement was recorded but the second part was not. The intent of the sentence was to say, "Any vessel that is moored over State Tidelands is a private use that excludes other public uses regardless of whether people live aboard or not." 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 22, 1988 PAGE 4 MOTION: Councilmember Odell moved for approval of the Consent Calendar with the amendment to the minutes. The motion was seconded by Councilmember Donnelly and unanimously carried. (5-0) ._f Mr. Farrel reviewed the staff report noting attorney Dale Mitchell has appealed the Planning Commission's CUP to allow con- tinued use of the fishpump at 235 Main Street. He explained the history of this item which has been before Council several times. He said Mr. Mitchell, Orval Leage's attorney, is appealing Condi- tion No. 7 stating the machine may be operated on Sundays only between 12:00 noon and 4 p.m.; they are requesting 8 a.m. to 6 p.m. operation. They also request Condition No. 11 be elimi- nated; this item deals with using an octave band analyzer and possibly employing an acoustical engineer to design appropriate baffling systems to reduce the noise levels of the fishpump. Dale Mitchell, 895 Napa and attorney representing Mr. Leage, stated Mr. Leage has tried in every conceivable way to mitigate noise from the pump and believes this has been accomplished. He said the diesel pump was replaced by an electric pump at a cost of $50,000, and a structure has been built over the machine with only one side exposed. He said Condition No. 11 is not applied to any other use permit, and he believes it is discrimination against his client. Mr. Mitchell stated the City does not have an acoustical engineer to measure frequency levels, and they have not been able to find anyone to come to Morro Bay to do it. He suggested Council instead implement a condition that does not al- low the noise to increase appreciably more than it exists at this time. He also explained the fishing industry's need to have fish un- loaded on Sunday to deliver by Monday morning at various loca- tions while the fish is fresh. Dorothy Cutter, resident in the area, said the original condi- tions on this application have been modified numerous times to accommodate Mr. Leage. Council should continue with the original conditions on the application, including an acoustical engineer. The conditions are necessary because of the uniqueness of the neighborhood where residents and commercial operations must exist together. She also stated the structure over the pump has not been issued a building permit. Alice Kolb, 690 Ponderosa, indicated she is a former Planning Commissioner who participated in some of the decisions regarding MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 22, 1988 PAGE 5 this permit. She is now representing her mother-in-law, Eleanor Redman. She commented on the number of times this item has been before Council and the Planning Commission where conditions are imposed, the applicant does not comply, and then returns with an appeal for relief. She requested the conditions in force now be upheld so the residents can enjoy quality life; he should be re- quired to employ a sound engineer from the Institute of Noise Control Engineers to measure the noise levels. Jody Giannini, 800 Little Morro Creek Road, commented on how long this issue has been continuing. He said the fishpump allows an 8-10 hour job to be accomplished in 1 hour, 15 minutes. A con- versation can now be held close to the machine without raising your voice; he reviewed the importance of allowing Sunday opera- tion, and encouraged Council to continue their efforts to pre- serve the commercial fishing industry by granting relief on this item. Randy Ruff believed a sound engineer should be employed to mea- sure the noise of the machine, and suggested they measure the noise coming from the P.G.&E. facility to reduce that too. Mayor Reddell closed the hearing to the public. Councilmember Odell questioned the decibel measurement by a con- sultant which had determined the noise is within acceptable City standards. Mr. Farrel explained the findings obtained by the geologist, Don Asquith, and stated the City's allowable measure- ment is 60 DBA; Mr. Leage's operation now emits noise in the low - to mid-50's dba. Mayor Reddell stated when he visited the site he found it very clean compared to some other places. He stated the auxiliary en- gine on one of the boats dockside was making more noise than the fishpump. He also visited Eleanor Redman's site and could not hear the fishpump, and from Dorothy Cutter's site he could hear the cars going by, but not the fishpump. It is so quiet he can- not figure out what the problem is. Mayor Reddell stated he has no problem eliminating Condition No. 11 or extending Sunday oper- ation hours. Councilmember Donnelly asked how the conditions are enforced? Mr. Farrel stated through complaints or if staff sees a viola- tion, the Use Permit can be rescinded. Councilmember Lemons related an incident where he visited Mr. Leage's operation to hear the machine; he asked Mr. Leage to turn the machine on so he could hear it, and Mr. Leage replied, "It is on." Councilmember Lemons stated he has trouble imposing re- strictions which can adversely affect the commercial fishing in- dustry which Council wants to encourage. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 22, 1988 PAGE 6 Councilmember Lemons asked if it was important for the machine to be operated every Sunday. Mr. Mitchell stated it is necessary during peak periods (October through April) but not so important during the off months; he noted the machine is basically used for bottom fish. Dorothy Cutter stated the operation does not disturb her any longer; however, she would prefer a person who is not a "friend" of Mr. Leage's to certify the operation as acceptable, and that the machine's housing structure will hold-up for some time. There was discussion regarding the original diesel machine, and the reduction in noise with the installation of an electric ma- chine, and the building constructed to house the fishpump. Mr. Mitchell noted the building was approved by the City. Dorothy Cutter commented the machine is not the only problem; the trucks make a lot of noise and she prefers upholding the Planning Commission actions. Councilmember Odell commented Morro Bay is a fishing town and this operation was around long before many of the residents. He has no problem with the expansion of the hours of oper- ation. He noted leaf blowers are just as noisy, and the fishpump must be quieter now with the electric engine. MOTION: Councilmember Donnelly moved for approval of the appeal to change Condition No. 7, hours of operation to 9 a.m. to 6 p.m. on Sunday; and Condition 11 to read the sound level shall not exceed the present noise level at this date. The motion was seconded by Councilmember Lemons. Councilmember Lemons suggested the motion be amended to state the noise shall not exceed ordinance requirements. There was some discussion on this, with Mr. Farrel commenting the wording be the noise be maintained within City standards; Council agreed. MOTION: Councilmember Donnelly amended his motion that Condi- tion No. 11 shall state the noise of the operation be maintained within City standards. The amendment was accepted by Councilmember Lemons and the motion was unanimously carried by roll call vote. (5-0) B-2 PUBLIC e. :S _ s • : �►a\�l�N��C«�I�]v!�M�$- - ZAPPROVAL OF PEOPLES' SELF-HELP HOUSING 40-UNIT SENIO Councilmember Odell stated he was stepping down from discussion and action on this item due to a possible conflict of interest. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 22, 1988 PAGE 7 Mr. Farrel reviewed the Planning Commission -approved People's Self -Help Housing, Inc.'s (PSHHC) request for a Coastal Develop- ment Permit to allow a 40-unit low-income senior and handicapped project on Elena Street behind Young's Market. Their approval was on July 5th, and Phyllis Kannely and Keith Wimer have ap- pealed this action. Mr. Farrel noted this same project was previously approved by Council for the Texaco site on Main Street; however, oil contami- nation in the soil prevented consummation of the purchase. PSHHC then purchased a 3.1 acre parcel on Elena St. behind the Young's Market which faces Main Street. The Subdivision Review Board subsequently approved PSHHC request to subdivide the property, and PSHHC proposed a 40-unit project on approximately 2 acres of the property. The project consists of 1/2 acre of buildings, 1 acre of landscaping and open space, and 1/2 acre paved areas such as parking lots and sidewalks. He reviewed the project in detail noting PSHHC considerable effort with the Housing and Urban De- velopment, financer of the project, to create attractive -looking, 1-story buildings as opposed to massive structures. Mr. Farrel addressed the individual appeal items noting PSHHC is providing 31 parking spaces for this project; City Ordinance only requires 1/2 space per unit for senior housing, or 20 spaces. One appellant believes 9 more spaces should be required. The ap- peal asks Elena St. in front of the project be designated "No Parking" so the street is not used for overflow parking; in- creased landscaping to mitigate the visual affects of the parking lot; and another access from Elm St. be required. The other ap- peal from Ms. Kannely cites low water pressure in the area; the Public Works Director will speak to that issue. Mayor Reddell asked about the location of the garbage dumpsters; Mr. Farrel stated they are proposed near the front of the prop- erty on Elena St., but the Planning Director has discretion on the location. Mayor Reddell believed a location near Young's Market would be less disruptive to the neighborhood. Mr. Nichols explained the delivery of water to locations sur- rounding the proposed project, and their source from various wa- ter tanks throughout the City. Elena St. is served through an 8" line from the Elena St. Tanks. He stated there will be no reduc- tion in service or pressure as a result of the project; a consul- tant has determined there is adequate flow for fires. He re- viewed samples of water pressure he obtained from houses of the people who had spoke at the Planning Commission meeting on this item, and said they are all within State law requirements. The most pressure that is lost during peak periods, early morning and afternoons, is 2 to 3 PSI. Councilmember Sheetz asked if this project was not built, could 2-story condominiums be constructed? Mr. Farrel stated yes. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 22, 1988 PAGE 8 Councilmember Sheetz asked the Fire Chief if there were any prob- lems with fire access circulation within the project; Chief Zerr responded no. Keith Weimer, appellant, reviewed his concerns with the project in detail noting his visits to other low-income housing projects. He requested increased on -site parking be required to alleviate overflow parking onto Elena St., and illustrated where 9 more spaces could be added without additional cost. He cited the school bus stop on Elena, children in the area, and the speed of traffic on that street as reasons to red -zone Elena St. in front of the project. He believed another access should be established on Elm St. for emergency vehicles; and landscaping should be es- tablished now so the people know exactly what the project is go- ing to look like before -hand. Bill Reynolds, 117 Mindoro and President of the Morro Bay Senior Citizens,presented Council with a petition with 100 signatures of people who favor the PSHHC project. He said the project ad- dresses a critical need in the community and urged Council to ap- prove it. Warren Hanlin, 405 Elena, was concerned about the location and access; he said Elena is a very busy street and traffic is fast. Paul Stanley, past President of Morro Bay Seniors, discussed the affordable housing project on South Main Street. Initially the project was occupied by a number of seniors, but little by little over the years the elderly have been phased out. He said Ocean View Manor would be a beginning to solve the inadequate senior housing problem. Jane Von Koehe, 2755 Hemlock, spoke in favor of the project, and some people's fear the project will be something other than low- income elderly. She agreed with the parking comments, that more than one exit should be at the site, trash units should be lo- cated in an area where they are not going to disturb people, and the landscaping should be decided now. Craig Campbell, Civil Engineer representing PSHHC, stated on -site parking according to City standards requires only 20 spaces on this site; PSHHC is providing 31 spaces. Seniors use less cars than single family residents. He noted there is a red curb mark- ing on Elena by the fire hydrant; school bus drivers have been contacted and find the project compatible with the location. Wa- ter pressure in the area is in the range of acceptable standards; seniors are low water users. He stated there is a proposed land- scaping plan that can be reviewed. Councilmember Donnelly asked if it would be difficult to add more on -site parking spaces to the project; Mr. Campbell stated a small amount may be possible, but the project architect could ad- MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 22, 1988 PAGE 9 dress that matter. He reminded Council they are already provid- ing 50% above City standards and more than a PSHHC survey indi- cates is needed. Jim Rodgers, past -President of Morro Bay Senior Citizens, stated there is no greater priority in Morro Bay than the need for low- cost housing for seniors and handicapped. He said people should look at the overall picture of how the project affects Morro Bay, not just themselves. Bruce Risley, President of Civic Action League, read a letter of support for the project submitted by CAL. He noted the majority of those speaking are in favor of the project; others are not against the project but are expressing concerns to make it a bet- ter project. Jeanette Duncan, Executive Director of PSHHC and resident of Morro Bay, cited her experience in working with the senior popu- lation in Morro Bay. She explained the constraints on funding this project; they have an agreement for 40 years that the pro- ject will be operated solely for handicapped and elderly resi- dents. There is also an Ocean View Manor Corporation and their By -Laws state the project will be a senior housing facility for- ever. She noted the number of civic and religious organizations that have supported the project with donations and letters, and stated they had to leverage private funds for the additional parking they are proposing since HUD will not fund beyond minimum HUD standards. Ms. Duncan noted there are two entrances to the project on Elena Street. Councilmember Donnelly asked if it is feasible to provide more on -site parking; Ms. Duncan stated it will be an additional ex- pense PSHHC will have to absorb alone. Mike Multari noted he is a San Luis Obispo resident, a member of the Board of Directors of PSHHC in a strictly voluntary position, and held the position of Planning Director in Morro Bay in the past. He referenced various City General Plan Elements which en- courage senior low-cost housing, and the difficulty in obtaining it. He reviewed the accomplishments of PSHHC in this area and other assistance they have given Morro Bay in the past. He said the people to be living in the facility are our friends and neighbors who are over -paying for their current housing leaving little for them to spend on food, medical, and personal needs. Mr. Multari stated the project has a lot coverage of only 25%; the parking provided is more than the minimum City requirement, and the small housing units will be maintained by PSHHC. The R-2 zone could produce high -density, 2-story condominiums. He requested Council uphold the Planning Commission's action to ap- prove this project. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 22, 1988 PAGE 10 Donald Carey, 520 Bernardo, member of the Board of Directors of PSHHC and Pastor of the Morro Bay Presbyterian Church, spoke in support of the project and cited the numerous organizations, in- cluding the Coastal Conservancy, supporting the project. Nancy Bast, 450 Fairview, said Morro Bay seniors are the largest industry in Morro Bay, even greater than the fishing and tourist industry, and noted the many ways the seniors contribute to the community. Charles Erickson, 424 Bernardo, stated this project is not the solution to the senior housing situation in Morro Bay, it is only the beginning; he hopes the Texaco property may become available later on. Ray Kaltenbach, 473 Sicily, encouraged Council to approve the project without adding restrictions. It is an infill project, and there is no beauty in a vacant lot. John Baker, 450 San Jacinto, agreed with the project, but re- quested fire sprinklers be added as a condition of approval. He urged PSHHC to build -in this extra safety. B Rohan, Elm St., spoke in favor of the project, and read a let- ter from Mary Kunz, 450 Piney Way, also in favor of the project. Tom Wuriu stated some of the concerns expressed about the project are legitimate aimed at making a better project; he was in favor of the overall project. Mayor Reddell closed the hearing to the public. Councilmember Sheetz stated she has been in favor of this project for some time and it is needed very badly; she suggested the school bus situation be looked into by staff. MOTION: Councilmember Sheetz moved Council uphold the Planning Commission's decision on this appeal. The motion was seconded by Councilmember Donnelly and carried on the following roll call vote: AYES: Donnelly, Lemons, Sheetz Reddell NOES: None ABSTAIN: Odell Council recessed from 9:45 p.m. to 10:07 p.m. Councilmember Odell resumed his seat on the Council. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 22, 1988 PAGE 11 Mr. Farrel stated on July 18th, the Planning Commission approved a Sign Exception Permit for Jane Briggs to allow advertising of motel room rates for the Morro Gardens Motel at 440 Atascadero Road. The Planning Commission found the property is located in a visually degraded part of the City where additional advertising is needed; the property does not enjoy the same locational oppor- tunities as other motels such as being near downtown, the Rock, Embarcadero, the bay. The request is a special circumstance and should not be construed as precedent setting. Mr. Farrel stated staff recommended against the sign exception because it does not comply with the posture the City has taken with other motels and our Sign Ordinance policies. Mayor Reddell opened the hearing to the public. Ed Biaggini, 1164 Market and President of the Motel and Restau- rant Association, expressed appreciation for the City's assis- tance in eliminating the price sign on Motel 6. He said the po- sition of his Association is to discourage posting of rates. Hank Merle of Morro Gardens Motel, said Motel 6 has now created a larger sign than the one on their motel which advertises rates. He cannot see why a 6 inch letters should not be allowed when Motel 6 can advertise in that manner. There was discussion re- garding the Motel 6 sign, and it was noted they removed the rate sign at their motel location, but have rented a billboard on Hwy. 1 near Island Street and are advertising their rates there. The City has no control over billboard signage other than preventing more from being erected. Councilmember Sheetz asked what the objection is to permitting rate signs; Mr. Biaggini discussed examples in Pismo Beach where they have banner advertising. The Motel Association is afraid Morro Bay could get into a competitive situation, and the City bed taxes will suffer. The only people profiting from the rate signs are the travelers. The town is clean the way it is and should stay that way. Councilmember Sheetz said she has no prob- lem with reader -board signs. Art Stansbury, 145 Java, asked why Morro Bay has an ordinance against advertising motel rates; other businesses advertise their prices. He said if Mr. Biaggini is afraid of competition, he should get out of the business. He stated Council should support local people. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 22, 1988 PAGE 12 Councilmember Lemons asked when the ordinance was adopted; Ms. Skousen stated in 1986. The Sign Ordinance prohibits signs on attraction boards, and the City has no leverage on billboard signage. Ray Kaltenbach stated he sympathizes with Morro Gardens, and said there is no reason why they should not be allowed to post their rate sign; it is done everywhere. Randy Ruff asked if the ordinance applied to RV parks and camp- grounds? Motels should not be discriminated against, and the ordinance should be abolished tonight to strike government interference. John Madrid noted the other amenities motels advertise such as cable tv, spa, etc. and did not see why rate advertising is not allowed. He said if pricing is going to scare away tourism, why does the City spend so much money on tourism? Mayor Reddell closed the hearing to the public. Councilmember Odell lamented on the inordinate times the Council has dealt with sign issues; he asked Mr. Biaggini if more motel owners would like to display rate signs. Mr. Biaggini said no. Councilmember Sheetz believed motel owners should be able to dis- play rate signs but not rate banners. She believed the exemption request should be upheld. Mayor Reddell asked if the ordinance allows for the exception; Ms. Skousen stated if Council can make appropriate findings. She thought there were other motels on Main Street which could meet the same findings as the Planning Commission did on the Morro Gardens site. Councilmember Lemons asked what is to prevent a motel owner from advertising a price on a rate sign, and then when a traveler re- quests the special rate, tell him he just rented the last room? Ms. Skousen stated that is a possibility that cannot be policed. Councilmember Sheetz asked if motel owners are required to post room rates; Mr. Biaggini stated they are on the inside of the door of each room. The requirement is by State law, and the card merely says the owner shall charge no more than a stated figure. Most motel owners put a high figure on the card and can charge anything up to that. He noted anyone can call any motel in town and ask for and receive room rates. Mr. Merle stated his motel has a different situation; during the off-season they have to rent by the week in order to survive. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 22, 1988 PAGE 13 Mayor Reddell stated he is willing to let this applicant have his sign. MOTION: Councilmember Sheetz moved the Planning Commission's decision be upheld to allow the sign exception. The motion was seconded by Councilmember Lemons. Mayor Reddell asked about the ordinance; Ms. Skousen stated Coun- cilmember Lemons has been working on revisions but the Council cannot revise the ordinance without first abating illegal signs as stated in the ordinance. The motion was unanimously carried. (5-0) EFUTRA347 FA 11400 IF Mr. Napper stated Council directed staff to prepare an urgency zoning ordinance to temporarily halt development within the Embarcadero area. Findings cited were public welfare jeopardy by viewshed obstruction, traffic/pedestrian circulation, and park- ing. Exempted from the drafted ordinance would be public facil- ity improvements, private property repairs, minor remodels or im- provements, and development applications having reached the Plan- ning Commission's review level. The urgency ordinance lasts 45 days; 10 days prior to expiration Council must adopt a report de- tailing what has been done or needs to be done to mitigate the issues. Council can also extend the ordinance for 10 months, 15 days. He noted 4/5ths approval vote is required to adopt the ordinance. Mayor Reddell opened the hearing to the public. Bob Blake, 519 Morro Ave., reminded Council of the Embarcadero Inn issue where bluff -top property owners were promised no ob- struction of their view. This turned out to be false and some homes are looking at a blank wall rather than the ocean view they used to have. Council at that time agreed it would never happen again; now, the Waterman project has received approval exceeding height limitations. He also objected to a proposal to use upland residential street areas for Embarcadero project parking. He said any new development should incorporate its own parking. Bob Kleckner, resident in the Embarcadero area, stated employees of Embarcadero businesses are parking in bluff -top residential areas. He was assured no parking on Anchor Street. Ray Kaltenbach questioned why Council approved the Waterman pro- ject and then decided there needs to be a moratorium when the Gunther project was proposed. He said Council should be consis- MINUTES - MORRO BA�CITY COUNCIL REGULAR MEETING - AUGUST 22, 1988 PAGE 14 tent. Councilmember Odell stated the proposed ordinance exempts both the Waterman and Gunther projects. Bruce Risley, President of CAL, encouraged Council to include the two projects in the moratorium; it is meaningless to adopt the ordinance without the 2 projects. Mayor Reddell closed the hearing to the public. Councilmember Lemons asked if the Gunther project has been acted upon by the Planning Commission? Ms. Skousen stated they have not adopted their final resolution yet, so it is still techni- cally before them. Council discussed whether or not the moratorium would speed the process up for establishing an Embarcadero Master Plan? Mr. Farrel stated a study cannot be concluded in the short time pe- riod of 90 days Council earlier expressed, but a report can be returned to them before the expiration of the ordinance outlining what has to be done. He noted if Council wants broad community input into the Plan it will take a considerable amount of time. Councilmember Sheetz asked if Mayor Reddell had stated he did not want the ordinance extended to the extra 10 months; Mayor Reddell said that is correct. He believes the moratorium will indicate the Council is doing something there and not just talking about it. MOTION: Councilmember Sheetz moved Ordinance No. 364 be read by title and number only. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) Mr. Napper read Ordinance No. 364 by title and number. MOTION: Councilmember Sheetz moved for the adoption of ordi- nance No. 364 as an urgency measure. The motion was seconded by Councilmember Odell and failed on the fol- lowing roll call vote: AYES: Odell, Sheetz, Reddell NOES: Donnelly, Lemons It was noted an urgency ordinance requires a 4/5ths vote to pass. Mr. Napper stated the ordinance deleting certain sections from the Harbor Code was prepared at the request of Councilmember Donnelly. The uses of swimming, skin/scuba diving, and surfing r- L_j MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 22, 1988 PAGE 15 are best left to individuals to sense, and the City should remove in not enforcing the restrictions. govern themselves by common itself from possible liability Mayor Reddell opened the hearing to the public for comments; there were no comments, and the hearing was closed. MOTION: Councilmember Donnelly moved Ordinance No. 365 be read by title and number only. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) Mr. Napper read Ordinance No. 365 by title and number. MOTION: Councilmember Donnelly moved for approval of the first reading of Ordinance No. 365. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) Mr. Farrel reviewed this item stating the public review period ends September 16th. He said the Council's direction to prepare a golf course overlay was submitted to the Planning Commission. They have not taken action yet; however, indications are they recommend against the golf course use. They believe the cost of a golf course will make it uneconomical to develop, herbicides may disturb the Environmentally Sensitive Habitat, and there are parking concerns. They suggested that citizens might like to look at a financing method to retain the property in its present state. Mayor Reddell opened the hearing to the public. William Walter, 410 Higuera and attorney representing the prop- erty owners, stated he has presented Council with a letter this evening which he will outline; also Ben Maddalena, civil engineer for the project, and Alain Sarfatti, property owner, will make comments. Mr. Walter stated an amended concept plan was presented to the City on Friday; they have reduced their original plan for 321 lots to 214 residential lots, with 3 or 4 lots per acre. 31.7 acres have been reserved for Environmentally Sensitive Habitat, and a view corridor will remain open space. Approximately 1/2 of the property will be used for public purposes, and the other 1/2 for residential purposes. The project will be constructed in 6 phases to minimize its impacts. They have employed an environ- mental firm to enhance and preserve the dune area; he also out- lined the CC&R's they are considering, including a height limita- tion of 17 feet and prohibition of cats. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 22, 1988 PAGE 16 Councilmember Odell asked how private CC&R's would be enforced, since the City is unable to do so? Mr. Walter stated an indi- vidual would be unable to build anything if he did not comply. Mr. Walter said the Council's consideration of a mariculture or resort use is not consistent with the City's Land Use and Housing Element; both cite residential uses for this area. Other ele- ments will have to be amended if Council pursues this course. Mayor Reddell commented Council is not going to make a decision this evening; they are only receiving public input. Ben Maddalena, Central Coast Engineering, stated he is the civil engineer for this project. He said there are a number of highway culverts that drain on the property; the project will collect the water and carry it to the ocean. Mr. Maddalena said the 100 year concern of flooding has never been studied thoroughly; the pro- ject is 300 yards away from the beach. In 1983 high tide was at 8-12 feet; the project's lowest elevation is 18 feet. He also said they plan to drop buildings along the highway about 5-6 feet to preserve the viewshed. The project has no civil engineering concerns that cannot be addressed. Alain Sarfatti, President of Keyoto-Natalie, Inc. and co-owner of the property, noted his concern about lack of public input into the Blue Ribbon Committee process. They have talked to property owners on the Beach Tract and find they prefer residential homes to the commercial uses proposed by the City; he said they did not try to influence them in their comments. Mr. Sarfatti stated a Councilmember and the Planning Commission Chairman visited some of the property owners in the area and confirmed their analysis. He said they are now proposing 214 single family, 1 story homes; restoration of the dunes; 1/2 of the property is dedicated to open space. He believed their proposal to not be unreasonable or greedy. He said they instigated litigation to protect their property rights, and have owned the property for almost 9 years. He urged the City to put its best effort into resolving the issue. Art Stansbury, 145 Java, said this situation has been going on for a year and he is tired of reading and hearing about it, and spending taxpayers money on it. He read a condition from a 1918 document dealing with the property. Mayor Reddell closed the hearing to the public. Councilmember Sheetz noted no action is required of Council this evening, and suggested they go on to the next item. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 22, 1988 PAGE 17 B-7 ORDINANCE NO 363 ESTABLISHING AUTHORITY TO DESIGNATE CERTAIN PUBLIC AREAS AS NON -ALCOHOL CONSUMPTION ZONES (FIRST READING) Steve Wolter reviewed the Ordinance prepared at Council's request to give them the authority to enact Resolutions as needed to pro- hibit drinking in problem areas. Violation of the Ordinance would be a misdemeanor, and exception will be made for group functions. Councilmember Sheetz was concerned the ordinance did not specify City Park as a prohibition area; she believed her motion was to include that area. Mr. Napper explained Council directed an or- dinance be prepared to give Council the authority to adopt a Res- olution on a case by case basis. If a specific site is included in an ordinance, only an ordinance amendment can delete that pro- hibition, making the procedure cumbersome. The proposed ordi- nance provides flexibility and responsiveness. Mayor Reddell opened the hearing to the public. Vivian Doubledee, 541 Estero, expressed her concern about young people drinking and being drunk in the City park where children play and visitors to the City picnic. She urged Council to adopt the Ordinance. Councilmember Sheetz wondered if there is a way to speed the pro- cess; Mr. Napper stated Council could adopt a Resolution pro- hibiting drinking in City Park at the next meeting to be in force upon the effective date of the Ordinance. Councilmember Lemons suggested an urgency ordinance; Ms. Skousen said she would have to research findings for an urgency adoption and could bring in- formation to Council at their next meeting. Mayor Reddell closed the hearing to the public. MOTION: Councilmember Odell moved ordinance No. 363 be read by title and number only. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) Mr. Napper read Ordinance No. 363 by number and title. MOTION: Councilmember Lemons moved for adoption of the first reading of Ordinance No. 363. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) B-8 CONSIDERATION OF ESTABLISHING A PARKING MANAGEMENT PLAN FOR EMBARCADERO AND DOWNTOWN MORRO BAY AREAS Mr. Farrel reviewed the proposed Parking Management Plan noting the components: procedural steps and immediate implementation; land use planning; and parking district formation as the three MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 22, 1988 PAGE 18 phases of the plan. He outlined Phase 1 which staff is request- ing Council adopt this evening. He said the Plan is consistent with the General Plan and CEQA; there is no reason to make a finding other than negative declaration. The only properties ad- dressed in Phase I are City -owned properties. Mr. Farrel noted Johannah Varland has been responsible for coordinating the Plan, and is present to answer specific questions. Councilmember Odell asked if the in -lieu fees established for the Waterman Project will be affected by the Parking Plan? Mr. Farrel stated the fee will probably be established at the $4,000 figure initially required of the Waterman Project; the project owners must participate' in any assessment district for the difference. Mayor Reddell asked how the City controls a situation where a mo- tel owner wants to build more units on his present parking area, and pays in -lieu fees for parking elsewhere? Ms. Varland stated Council could control that probability in the plan if they wish. The control to prohibit that activity already exists by land use. Mayor Reddell opened the hearing to the public. Bruce Risley, President of CAL, commented on the lack of opportu- nity to review and comment on the complicated Plan. The people have to know who is going to pay for the parking and how it will be accomplished. Council also needs to allay fears they will put Embarcadero parking in residential areas; he requested more time for public input. Randy Ruff, representing CAL, opposed the Negative Declaration determination. His analysis indicates there is a basis for a Fo- cused Environmental Impact Report on Phase I. Peter Diffley questioned why Council is rushing to adopt this Plan and why it has not been reviewed by the Planning Commission? It is a very complicated issue and needs further analysis. He commented on a article appearing in Waterfront Age dealing with shuttle buses, and encouraged Council to consider that possibility. Ed Walter, 490 Morro Avenue, was also concerned about an EIR. He discussed traffic impacts at the corner of Morro Avenue and Anchor Street noting many people park in the area and walk down the stairway by Embarcadero Inn to the Embarcadero. He requested the boundaries of the Plan be revised to include Marina St. down to olive St. Councilmember Lemons asked if the boundaries were drawn because the area included is a visitor serving commercial area? Ms. Varland stated yes, it is a commercial zone. She believed it a good idea to extend the boundary as suggested. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 22, 1988 PAGE 19 Jim Maul, 571 Embarcadero, thought it is great to finally get a Plan in the process, and encouraged Council to pursue it. Bob Blake, 519 Morro Avenue, urged Council to exercise caution in protecting the residential areas as much as possible so they do not become parking lots. Mayor Reddell closed the hearing to the public. Mr. Farrel noted the Plan can be amended at any time by Council in the future. MOTION: Councilmember Lemons moved for the adoption of Resolu- tion No. 88-88, and instructed staff to prepare a park- ing in -lieu fee ordinance for the next meeting. The motion was seconded by Councilmember Donnelly and unan- imously carried. (5-0) Council held a recess from 11:30 p.m. to 11:35 p.m. MOTION: Councilmember Sheetz moved Item C-3 be carried over to the Wednesday, August 24th adjourned meeting. The mo- tion was seconded by Councilmember Lemons and unani- mously carried. (5-0) C. UNFINISHED BUSINESS C-1 DISCUSSION OF ENACTING AN ORDINANCE MANDATING_ RESIDENTIAL FIRE SPRINKLER SYSTEMS IN NEW HOMES CONSTRUCTED IN AREAS OR DESIGNED IN WAYS THAT IMPEDE FIRE SUPPRESSION ACCESS Councilmember Sheetz stated she requested this Ordinance because of comments made by Fire Captain Jeff Jones during budget hear- ings that it is difficult for firefighting to take place in homes built on the hillside. Fire sprinklers might alleviate the need for some of the expensive equipment the Fire Department has been requesting. She stated it can also result in a decrease in in- surance rates and better protection for our citizens. Chief Zerr agreed. MOTION: Councilmember Lemons moved staff prepare a draft ordi- nance for Council consideration. The motion was sec- onded by Councilmember Sheetz. Councilmember Odell asked if the ordinance would include all new construction, or just homes on the hillside? Councilmember Sheetz intended those areas where it is extremely difficult to access. Councilmember Donnelly asked if the City would be liable for in- advertent water damage because of the requirement? Ms. Skousen MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 22, 1988 PAGE 20 stated the City would not be guaranteeing the sprinklers will work properly. Mayor Reddell questioned Chief Zerr on the incident rate of fires, and commented older homes need sprinkler systems more than new houses. Chief Zerr stated he would like to see all homes with sprinklers. Councilmember Lemons suggested the ordinance contain a provision that additions to homes also be required to install sprinklers. Mayor Reddell asked about the requirements for the People's Self - Help Housing project. Chief Zerr stated anything over 5,000 square feet is required to install fire sprinklers; PSHHC pur- posely submitted plans to build under 5,000 square feet to avoid the requirement. Council discussed items they wished the ordinance to contain; Council decided fire sprinklers be required in new homes and in new additions to existing homes. Councilmember Odell suggested Council establish an effective date so notice can be made to con- tractors; Councilmember Sheetz suggested January 1, 1989. The motion carried unanimously. (5-0) Councilmember Lemons requested a paragraph be inserted to also include commercial structures. Council discussed mobile homes, but did not reach a conclusion on that subject. Mr. Napper sug- gested the draft ordinance could be referred to the Fire Master Plan Committee for additional input. Mr. Nichols reviewed the staff recommendation to approve addi- tional studies requested by Chevron and authorize the expenditure of $5,300 for the studies. He said the City's consultant, Geraghty & Miller, Inc. has met with Dr. John Mann, Chevron's consultant to discuss additional analysis of the project. Chevron's attorney agrees the proposal submitted by the City's consultant is in line with the recommendations from Dr. Mann. The attorney also responded to the City's request Chevron with- draw its protest against the City's project, stating they decline to do so at this time; they will await the additional information. Councilmember Donnelly asked how the Coastal Streams Diversion and the Toro Creek well projects work together? Mr. Nichols stated he is not sure both can be accomplished as there may not be enough water for both projects. Councilmember Sheetz asked how many wells are proposed; Mr. Nichols stated 10 wells for 5,600 acre feet of water; 3-4 wells MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 22, 1988 PAGE 21 for 700 acre feet. It will cost approximately $75,000 for each well. MOTION: Councilmember Lemons moved Council authorize the addi- tional EIR studies on Toro Creek Environmental Impact Report as outlined by the consultant, and staff be in- structed to fund the work from the existing Toro Creek Water Rights Account. The motion was seconded by Coun- cilmember Odell and unanimously carried. (5-0) • • _; • J' AMR Deferred to August 24th. D. NEW BUSINESS E. CLOSED SESSION Items deferred to August 24th. F. ADJOURNMENT MOTION: Councilmember Sheetz moved the meeting be adjourned to August 24, 1988 at 5:15 p.m. in the City Hall Confer- ence Room. The motion was seconded by Councilmember Donnelly and unanimously carried. (5-0) The meeting adjourned at 11:58 p.m. Recorded by: 4a_� ARDITH DAVIS City Clerk g=10- MINUTES - MORRO BAY CITY ADJOURNED REGULAR MEETING CITY HALL CONFERENCE ROOM COUNCIL - AUGUST 10, 1988 - 12:00 NOON Mayor Reddell called the meeting to order at 12:05 p.m. PRESENT: Dale Reddell Mayor Paul Donnelly Councilmember John Lemons Councilmember Jeff Odell Councilmember Rose Marie Sheetz Councilmember ABSENT: None STAFF: Gary Napper City Administrator Judy Skousen City Attorney Bill Farrel Community Develop. Dir. Nick Nichols Public Works Dir. Ardith Davis City Clerk PUBLIC COMMENT None B. PUBLIC HEARINGS, REPORTS & APPEARANCES ELEMENT,B-5 RESOLUTION NO. 84-88 ADOPTING • Mr. Farrel reviewed some of the changes that need to be made in the Circulation Element, including the bikepath in Figure 11 de- picted as running along the west site of the Keyoto-Natalie prop- erty. He distributed a modified Figure 11 map that shifts the bikepath easterly, and also distributed copies of the Reference Section previously omitted. Councilmember Sheetz asked about Street intersection; Mr. Farrel the Circulation Element because redesign of the San Jacinto/Main responded that was left out of it is being considered in the North Main Street Specific Plan. The Circulation Element indi- cates it is a problem site requiring attention. Mayor Reddell suggested stop signs be placed at each location where streets intersect San Jacinto, leaving traffic on San Jacinto free to travel without stop signs. Councilmember Lemons and Mr. Nichols stated a Circulation Element is a general plan, and does not design such items as stop signs at specific loca- tions. Mr. Farrel noted the Circulation Element mentions this in recommending the City employ a traffic engineer to do a traffic control study. MINUTES - MORRO BAY CITY COUNCIL ADJOURNED REGULAR MEETING - AUGUST 10, 1988 PAGE 2 Mayor Reddell asked how much the consultant charged for preparing the Circulation Element; Mr. Farrel thought between $15,000 and $20,000. Mr. Napper added the Circulation Element has not been updated since 1967, and is a required component of the General Plan that should be updated periodically. Councilmember Odell if the City risks liability in identifying problem areas in the Plan. Ms. Skousen stated the Council does not increase its liability by planning what the City intends to do to increase public safety. Council discussed the effect of Council adopting development plans which are not set out in the Plan; specifically the Plan shows the area on the Embarcadero where Mr. Gunther has made a development proposal, as a parking lot. Mr. Farrel stated the Plan gives Council the flexibility to do this; if the City pro- cesses Mr. Gunther's plan, Council could make a finding at that time as to whether they prefer a parking lot at that location or a development. Councilmember Odell stated Figure 18, page 47, shows no indica- tion of the Williams Brother development site as a "Future Major Generator" of traffic. Mr. Farrel stated that was an oversight, and he will correct it. Councilmember Odell also noted there is no mention of William Brothers on page A-6 discussing the Morro Bay Boulevard/Quintana Road/Highway 1 ramps. Council discussed Program C-21.8, page 102, dealing with illegal conversions and granny -housing. Ms. Skousen stated converted garages are illegal; when the house is sold it will be discovered because there is no permit for the conversion. Granny -houses, on the other hand, have permits and are legal. Councilmember Lemons was concerned a garage could have been converted many years ago and been sold several times and a current property owner will be responsible for another's action. Ms. Skousen noted part of the solution is to educate realtors that they should inform prospec- tive buyers of illegal conversions. Councilmember Odell requested Program C-29.3, page 116 regarding a public shuttle services be amended to add recreational vehicle and camping areas as destination points. A correction was noted on page 126, Program C-33.5; "State of California" should replace "County of San Luis Obispo". Council asked questions about annual review and amendment of the Circulation Element. Mr. Farrel stated an element of the General Plan is usually reviewed every 5 years; General Plan amendments can be batched 4 times during a calendar year. Mayor Reddell referred to the discussion of the Water Distribu- tion System on page 129; he asked if there are going to be prob- MINUTES - MORRO BAPCITY COUNCIL 0 ADJOURNED REGULAR MEETING - AUGUST 10, 1988 PAGE 3 lems with the water pressure in the Elena Street area where the senior housing project is being proposed for construction? Mr. Nichols stated the water pipes in the area are 6 inches and pro- vide sufficient water pressure. He believes the complaints re- garding low water pressure may be internal; some of the homes in the area are old and inside plumbing has not been replaced. He said the pressure -zone solution is long-term and very costly; he does not believe the senior housing project will affect the water pressure in the area adversely since water pressure remains static. Councilmembers discussed the issue of the Embarcadero Extension to Hwy. 41 on page A-1. Mr. Napper stated Council purposefully left the item for consideration during development of a Harbor Master Plan; the Circulation Element can be amended after a deci- sion is made during that process. Councilmember Odell requested "Emergency vehicle access alternative routes might be considered" under Possible Solutions on page A-2. Councilmember Donnelly suggested some minor corrections to the Plan: Page 103, Program C-21.13, the words "Figure B-2" should be changed to "Figure 32". Page 11, Figure 3, is after page 12; it should be in front of it. Figure 22 is missing. There are two page 611s. Figure 36 is on page 122, not page 121 as listed on page v, "List of Figures". The backside of page 100 is blank. Sections should begin on a facing page (right-hand side) when finally printed. Page 88, the words "INSERT DIAGRAM HERE" need to be deleted. Page 103, Program C-21.11, add at the end of the sentence, "to alleviate problems on the main portion of the Embar- cadero with appropriate directional signage to direct RV's". There should be a policy about downtown signage directing people to the Embarcadero via the Centennial Stairway, and vice versa; perhaps something could be added under C-8 re- garding an Embarcadero/downtown connection (page 26). Language be added to page 25, Program C-5.3 at the end of the first sentence after the word "Embarcadero", 11...to pro- MINUTES - MORRO BAPICITY COUNCIL 0 ADJOURNED REGULAR MEETING - AUGUST 10, 1988 PAGE 4 vide a theme that delineates where pedestrian traffic is encouraged". Program C-16.2 on page 71, add language at the end of the last sentence after the word "slopes", "...and where some improvements already exist". Councilmember Lemons suggested the language, "...and any exception be made for special cir- cumstances"; Councilmember Donnelly agreed, and suggested deletion of the phrase beginning "such as...". F. ADJOURNMENT MOTION: Councilmember Donnelly moved for adoption of Resolution No. 84-88 adopting the Circulation Element as amended at this meeting. The motion was seconded by Coun- cilmember Lemons and unanimously carried. (5-0) MOTION: Councilmember Odell moved the meeting be adjourned. The motion was seconded by Councilmember Donnelly and unanimously carried. (5-0) The meeting adjourned at 1:30 p.m. Recorded by: AOL� ARDITH 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. REGULAR MEETING - AUGUST 8, 1988 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so by standing. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the fol- lowing actions are approved without discussion. A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JULY 25, 1988 A-2 SET HEARING DATE (AUGUST 22, 1988) FOR APPEAL OF SIGN PERMIT NO. 03-88 APPROVED BY PLANNING COMMISSION TO ALLOW OUTSIDE DISPLAY OF RATES AT MORRO GARDENS MOTEL, 440 ATASCADERO ROAD (MORRO BAY MOTEL/HOTEL AND RESTAURANT ASSOCIATION, APPELLANT) A-3 RECREATION AND PARKS COMMISSION RECOMMENDATIONS CONCERNING ART IN PUBLIC PLACES A-4 RESOLUTION NO. 80-88 AMENDING MEMORANDUMS OF UNDERSTANDING WITH FIRE, POLICE, MANAGEMENT AND EXECUTIVE EMPLOYEES CONCERNING CITY HOLIDAYS A-5 RATIFICATION OF FY 88-89 OUTSIDE COMMUNITY PROMOTIONS PROGRAM A-6 RECEIPT OF PUBLIC NOTIFICATION/REVIEW PACKET CONCERNING AMENDMENTS TO LOCAL COASTAL PLAN, SUB -AREAS 2 AND 5 UNDER INTERIM URGENCY ZONING ORDINANCE STUDY AREA (LUP/ZOA 02-88; CLOISTERS AND SURROUNDING PROPERTIES) A-7 APPROVAL OF ADDENDUM TO LEASE AGREEMENT FOR LEASE SITES 102/102W AND 105.1W/105.2 (DEGARIMORE, CENTRAL COAST SEAFOODS), AND CONSENT TO TEMPORARILY SUBLEASE A PORTION OF LEASE SITE TO ABALONE UNLIMITED RESEARCH, INC. FOR RAISING ABALONES (PULLED) i • A-8 RESOLUTION NO. 83-88 APPROVING JOINT POWERS AGREEMENT WITH SAN LUIS OBISPO AREA COORDINATING COUNCIL B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 HEARING TO VACATE A PORTION OF NAPA AVENUE AS PUBLIC RIGHT-OF-WAY (DUNES TO MONTEREY) FOR TEMPORARY USE BY MORRO ELEMENTARY SCHOOL, AND LEASE AGREEMENT WITH SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR SAID USE OF CITY PROPERTY; RESOLUTION NO. 79-88 B-2 ORDINANCE NO. 363 ADDING SECTIONS TO CHAPTER 9.18 OF THE MUNICIPAL CODE PROHIBITING THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES (FIRST READING); AND POLICY DIRECTION REGARDING PROHIBITION OF ALCOHOL CONSUMPTION IN CITY PARKS, BUILDINGS, AND FACILITIES WITHOUT A CITY USE PERMIT B-3 PUBLIC AREA USE PERMIT FOR HARBOR FESTIVAL 1988 B-4 DIRECTION ON POLICY ISSUES FOR A HARBOR LIVE -ABOARD ORDINANCE B-5 RESOLUTION NO. 84-88 ADOPTING GENERAL PLAN CIRCULATION ELEMENT, CASE NO. GPA 03-86A C. UNFINISHED BUSINESS C-1 POSSIBLE FORMATION OF A BLUE RIBBON COMMITTEE TO STUDY A LIST OF COUNCIL CONCERNS INVOLVING EMBARCADERO/WATERFRONT AREA, AND CONTINUED CONSIDERATION OF POSSIBLY ENACTING A TEMPORARY BUILDING MORATORIUM IN EMBARCADERO AREA C-2 AWARD OF CONTRACT FOR FY 88-89 LOCAL VISITORS SERVICES BUREAU D. NEW BUSINESS D-1 RESOLUTION NO. 81-88 RENEWING LEASE AGREEMENT WITH MORRO BAY YACHT CLUB FOR MOORING ZONE Al-3 (5 YEARS) D-2 CONSIDERATION OF ENACTING AN ORDINANCE MANDATING RESIDENTIAL FIRE SPRINKLER SYSTEMS IN NEW HOMES CONSTRUCTED IN AREAS OR DESIGNED IN WAYS THAT IMPEDE FIRE.SUPPRESSION ACCESS D-3 DISCUSSION OF EXISTING HARBOR ORDINANCES DESIGNATING AND REGULATING SPECIAL USE AREAS FOR SWIMMING, SKIN DIVING, AND SURFING D-4 DIRECTION TO COUNCIL'S DELEGATE TO COUNTY WASTE MANAGEMENT COMMISSION TO REPRESENT THE CITY'S POSITION TO THE COUNTY BOARD OF SUPERVISORS REGARDING A PROSPECTIVE REFUSE TRANSFER STATION IN/NEAR MORRO BAY E. CLOSED SESSION NONE 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. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1988 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Reddell called the meeting to order at 6:00 p.m. PRESENT: Dale Reddell Paul Donnelly John Lemons Jeff Odell Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Judy Skousen Alan Davis Bill Farrel Forrest Henderson Dave Howell Nick Nichols Steve Wolter Bernie Zerr Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Harbor Director Community Develop. Dir. Asst. to City Admin. Police Chief Public Works Dir. Recreation & Parks Dir. Fire Chief City Clerk Woody Shoemaker of Cayucos Christian Fellowship gave the invoca- tion, and Horace Strong led the Pledge of Allegiance. None 1. Councilmember Odell referred to the affordable housing ordinance adopted by Council last year, and asked when the pro- cess will be initiated to allow commercial uses as part of af- fordable housing. Mr. Napper stated the Planning Department is working on the requested mixed -use zoning designation which will soon be presented to the Planning Commission. r_� ti * y'LS�1j1 +L� � � � 11 � 1�1�9_�•1�_Y,`l�S��iKil �:r� S LN �4 �F 4:[�=�7_airlil�`�k'i� ��-I-] Mr. Napper recommended Council approve the minutes as submitted. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1988 PAGE 2 A-2 SET HEARING DATE (AUGUST 22, 1988) FOR APPEAL OF SIGN PERMIT NO, 03-88 APPROVED BY PLANNING COMMISSION TO ALLOW OUTSIDE DISPLAY OF RATES AT MORRO GARDENS MOTEL, 440 ATASCADERO ROAD (MORRO BAY MOTEL/HOTEL AND RESTAURANT ASSOCIATION. APPELLANT) Council set August 22, 1988 as the hearing date for the appeal, and instructed staff to prepare the notices and report. A-3 RECREATION AND PARKS COMMISSION RECOMMENDATIONS CONCERNING ART IN PUBLIC PLACES Council endorsed the concept of art in public places, established a policy that City funds are the last resource preferred to fi- nancing public art, and instructed staff to explore grant funding for public art in various locations as time allows. A-4 RESOLUTION NO. 80-88 AMENDING MEMORANDUMS OF UNDERSTANDING WITH FIRE, POLICE. MANAGEMENT AND EXECUTIVE EMPLOYEES CON- CERNING CITY HOLIDAYS Council adopted Resolution No. 80-88 A-5 RATIFICATION OF FY 88-89 OUTSIDE COMMUNITY PROMOTIONS PROGRAM Council approved the 1988-89 Promotional Program as recommended by the Community Promotions Committee. A-6 RECEIPT OF PUBLIC NOTIFICATION/REVIEW PACKET CONCERNING AMENDMENTS TO LOCAL COASTAL PLAN, SUB -AREAS 2 AND 5 UNDER INTERIM URGENCY ZONING ORDINANCE STUDY AREA (LUP/ZOA 02-88; CLOISTERS AND SURROUNDING PROPERTIES) Council accepted the LCP/LUP Amendment public review packet for file. A-7 APPROVAL OF ADDENDUM TO LEASE AGREEMENT FOR LEASE SITES 102/102W AND 105.1W/105.2 (DEGARIMORE. CENTRAL COAST SEAFOODS). AND CONSENT TO TEMPORARILY SUBLEASE A PORTION OF LEASE SITE TO ABALONE UNLIMITED RESEARCH, INC. FOR RAISING ABALONES (PULLED) None; item pulled from Agenda and will return when lease negotia- tions are concluded. A-8 RESOLUTION NO, 83-88 APPROVAL JOINT POWERS AGREEMENT WITH SAN LUIS OBISPO AREA COORDINATING COUNCIL Council adopted Resolution No. 83-88. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1988 PAGE 3 MOTION: Councilmember Donnelly moved for approval of the Con- sent Calendar. The motion was seconded by Councilmem- ber Lemons and unanimously carried. (5-0) B. PUBLIC HEARINGS. REPORTS & APPEARANCES Mr. Nichols reviewed his staff report concerning the School Dis- trict's request for the City to temporarily close a portion of Napa Avenue adjacent to Morro Elementary School. Their short- term objective is to install temporary classrooms in the street area, and their long-term objective is to improve traffic circu- lation and expand the Elementary School capacity to 650 students. Council has previously adopted a Resolution noticing their inten- tion to abandon this area, referred the matter to the Planning Commission for General Plan compliance, and directed an agreement be drafted between the City and the School District. The Planning Commission found the closure to be in conformance with the General Plan, and further encouraged Council to consider installing 4-way stop signs at Dunes and Main Streets to mitigate increases in traffic as a result of the closure. The Street Ad- visory Committee also reviewed this item and recommends the School District be required to construct a cul-de-sac at the northerly end of Napa Avenue. Steve Wolter reviewed the agreement which has been drafted set- ting forth the conditions under which the City will agree to the closure. He recommended Council condition their approval of the Resolution to vacate a portion of Napa Avenue upon the School District's approval and execution of the Agreement; the School District will consider this matter on August 16th. Mayor Reddell opened the hearing to the public for comments. Al Paul, 2520 Laurel and a member of the Street Advisory Commit- tee (SAC), said nothing in the proposal addresses drainage of surface water from the area. He also encouraged Council to re- quire the cul-de-sac in fairness to the residents of Napa, and for police and fire access. He was concerned about the barrier gates the School District will install to deter access during non -school hours. Mayor Reddell closed the hearing to the public. Councilmember Donnelly liked the cul-de-sac idea and asked how the School District would react to the requirement of a cul-de- MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1988 PAGE 4 sac as suggested by SAC. Mr. Napper stated it would defeat their purpose for requesting the abandonment; the Police and Fire De- partments believe the parking lot configuration will accomplish the same purpose during school hours. He also stated the Police and Fire Department are provided with keys to the barrier gates. Mr. Nichols stated the drainage would be worked out during final construction plans. MOTION: Councilmember Sheetz moved for approval of the staff recommendation to adopt Resolution No. 79-88 condi- tioned upon School District execution of the Lease Agreement; and, the Mayor be authorized to sign the Agreement as submitted and approved by the City Coun- cil. The motion was seconded by Councilmember Lemons. Councilmember Lemons asked if the Council could make it clear that at the end of the 3-5 year period, there is a good likeli- hood if this portion of Napa Avenue permanently is vacated, a City standard cul-de-sac will be required. Mr. Wolter stated he could relay the Council's interest to the School Board. Coun- cilmember Lemons asked the Fire Chief if he preferred keys to barrier gates or knock -down gates. Chief Zerr stated they prefer the keys; knock -down gates are too risky. He noted master keys are carried in every fire engine. The motion was unanimously carried. (5-0) B-2 ORDINANCE NO 363 ADDING SECTIONS TO CHAPTER 9.18 OF THE MUNICIPAL CODE PROHIBITING THE CONSUMPTION OF ALCOHOLIC BEV- ERAGES IN PUBLIC PLACES (FIRST READING)• AND POLICY DIREC- TION REGARDING PROHIBITION OF ALCOHOL CONSUMPTION IN CITY PARKS BUILDINGS AND FACILITIES WITHOUT A CITY USE PERMIT Mr. Wolter noted Council's previous consideration of this issue in April when the City Attorney presented proposed ordinances to prohibit consumption of alcohol in public places, parks, facili- ties, and buildings. At that time, Council referred the matter back to staff for further study and amendments to the proposed ordinance. Council is requested to consider a proposed ordinance to prohibit drinking in public places, and to give policy direc- tion regarding an ordinance to prohibit drinking in public parks, buildings, and/or facilities. Mr. Wolter reviewed present Alcohol Beverage Control requirements for selling alcohol in City facilities or parks; ABC does not regulate consumption of alcohol in public facilities. He re- viewed City rules for alcohol consumption in parks which only ap- plies to large gatherings, not individual drinking. He recommended Council adopt the proposed Ordinance No. 363 pro- hibiting alcohol consumption in public places, and requested pol- MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1988 PAGE 5 icy direction on issues concerning prohibition in City parks and buildings. He suggested prohibitions only be enacted in this re- gard where there has been a public safety, health or welfare problem in the past; not a blanket prohibition at all parks and facilities. Council could consider adopting an Ordinance provid- ing authority to prohibit alcohol consumption in specific public areas by Resolution, if the need arises. Councilmember Odell discussed current laws that address drunk in public and disorderly conduct; he believed the incident at the "City" Park have been taken care of by current laws, and ques- tioned whether another law is needed. Police Chief Howell pointed out current laws require the police to wait until a per- son is actually drunk before arresting him. Mayor Reddell opened the hearing to the public for comments. Carolyn Carr, P.O. Box 525, stated a person could come to the park already drunk, and not actually drink in the park; she does not believe prohibiting drinking in the park addresses the problem. Bruce Risley pointed out Prohibition in the United States did not work, and he does not believe prohibiting drinking in the park will work either. Mayor Reddell closed the hearing to the public. Mr. Napper stated the recommended ordinance prohibits drinking in public; the City does not have such an ordinance, nor are we hav- ing problems with drinking in public abuse. He suggested Council also consider an additional ordinance which would provide the flexibility to control drinking in City parks and facilities in problem areas on a case by case basis by Resolution. Councilmem- ber Lemons stated he had no problem prohibiting drinking in "City" Park, but does not want to prohibit someone with a sand- wich and beer from sitting in the Park. MOTION: Councilmember Sheetz moved staff be instructed to draft an ordinance which would allow Council to prohibit drinking in City Park by adopting a Resolution citing health and safety hazards. The motion was seconded by Councilmember Odell. Mr. Napper asked Council if they wished to consider adoption of proposed Ordinance No. 363. Council discussed the matter and de- cided not to include the proposed ordinance in the motion at this time. The motion was unanimously carried by roll call vote. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1988 PAGE 6 B-3 PUBLIC AREA USE PERMIT_FOR_BARBOR FES Mr. Wolter reviewed Morro Bay Harbor Festival, Inc.'s request for a Public Area Use Permit (PAUP) to hold the 1988 Harbor Festival in the area and on the South T-Pier. The only significant prob- lem facing staff is the use of the T-Pier for Festival activi- ties. The City has been advised by its insurance broker that it will not be covered for insurance or claims adjustor services for activities on the Pier; the City would be without insurance cov- erage against any claims. Staff is recommending no uses other than pedestrian access be allowed on the T-Pier. Councilmember Odell questioned which activities are prohibited on the Pier by the insurance broker. Mr. Henderson stated the City could not be covered for open flames and alcohol consumption, and recommends against other activities as well. He stated Council could allow limited access with tables and chairs on the Pier. Councilmember Sheetz questioned the City's liability if someone consumes alcohol elsewhere, walks on the T-Pier and falls off. Mr. Napper stated selling alcohol increases the risk; the insur- ance broker advises not to allow alcohol sales on the Pier due to its uneven walking surface and the fact there are no guard-rails on the Pier. Mayor Reddell asked why the City is charging for barricades; Mr. Nichols stated Council instruction was all costs incurred are to be charged to the Festival. Mr. Napper stated the City is con- tributing $9,000 to the Festival this year, and $800 in support services. Mayor Reddell said he had no problem allowing the Fes- tival to use City barricades without charge. Mayor Reddell opened the hearing to the public. Chris Thompson, Chamber Manager and Chairman of the Festival Com- mittee, asked Council to allow the gate across the T-Pier to re- main open, and encouraged them to approve the use of tables and chairs on the Pier. Mayor Reddell closed the hearing to the public. Councilmember Lemons suggested access to the T-Pier be monitored by someone from the Harbor Festival Committee rather than locking it by a closed gate. Councilmember Lemons asked if there has been comment from the leaseholders or fishermen to the proposed Festival site. Mr. Wolter stated his department has received none; Mr. Thompson said the Committee has worked closely with the lease holders and they have been very cooperative. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1988 PAGE 7 Councilmember Donnelly suggested the Committee be required to place a deposit on the barricades to be used if any are damaged; otherwise, the use should not be charged. MOTION: Councilmember Lemons moved for approval of PAUP No. 290 with conditions as amended: 1) allow barricades to be used without charge; 2) allow table and chairs on the T-Pier provided access is monitored by the Committee; 3) South T-Pier vehicular access gate not be closed. The motion was seconded by Councilmember Donnelly and unanimously carried. (5-0) Council recessed from 7:37 p.m. to 7:51 p.m. B-4 DIRECTION ON POLICY ISSUES FOR A HARBOR LIVE -ABOARD ORDINANCE Councilmember Lemons stated he is stepping down from considera- tion on this item due to a possible conflict of interest. Alan Davis said the Harbor Advisory Board has been developing recommendations for a liveaboard ordinance since April of this year. A sub -committee of the Harbor Advisory Board and represen- tatives of the liveaboard community have been working on general policy issues. This process was undertaken prior to and as a re- sult of direction from the Regional Water Quality Control Board to develop such an ordinance. Mr. Davis reviewed the recommendations and stated two issues re- main unresolved. One is the issue of the number of permits to be issued. He stated approximately 20% of the total moorings in Morro Bay are liveaboard. He recommends Council allow no more that 3-5% of the total moorings in the Harbor to be used as live- aboards, or no more than 20 liveaboards. Mr. Davis said informa- tion from the State Lands Commission is the 3-5% figure, and they believe 20% (which is the current situation in the Harbor) is too high. The liveaboard people believe the figure should be 20%. The other issue unresolved is transferability of permits; the liveaboard people believe liveaboard permits should transfer with the sale of a vessel to the new owner. Mr. Davis recommends, along with the Harbor Advisory Board, permits transfer with the individual and not with the vessel. He said allowing permits to transfer with the vessel to a new owner provides a financial ben- efit to the initial permittees, and could be sold to the highest bidder regardless of the value of the boat. He added the Attor- ney General has issued an opinion with regard to State Tidelands Trust property that houseboats are not public trust uses; private residential uses on Tidelands property does not further the pur- poses of the Trust which is navigation, commerce, fishing, recre- ation or preservation of ecology and open space. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1988 PAGE 8 Councilmember Odell noted the Inter -Agency Task Force on the Back Bay and their discussions regarding pollution in the Bay; he said the impact on the Bay with the transient vessels is greater than from the people who live on the Bay. Councilmember Odell also asked what happened to the navigability clause requiring live- aboards demonstrate their boats are seaworthy? Alan Davis said seaworthiness is a separate subject the Harbor Advisory Board is also working on addressing. Mayor Reddell questioned why the is- sues are separate; if a boat cannot navigate, how do they empty their holding tanks? Mayor Reddell opened the hearing to the public. Gregg Bewick, houseboat resident, stated the liveaboard residents have been working very hard on this issue and have been in con- tact with the State Lands Commission. He said their information is the State Lands Commission accepts a 20-22% figure for live- aboards in the Harbor; however, there is nothing from them in writing, and they prefer the local people work the matter out for themselves. Ted Jacobsen, representing some people in the liveaboard commu- nity, encouraged Council to support the 20% figure for live- aboards. He spoke to the conscientiousness of liveaboards re- garding pollution in the Bay, and cited other boats, restaurants, and heavy rains cause sewage to flow in the Bay creating other sources of pollution. Norman Davis, liveaboard resident, read from the Porter -Cologne Act and questioned if the right issue is being addressed. He be- lieves a boat -owner should be able to sell a permit with the boat. Robert Richard, a sub -committee member and live -aboard resident, said liveaboard people police themselves, and the last person to pollute the bay is someone who lives there. He discussed fisher- men who throw things into the water, sportfishing boats that do not have holding tanks, and does not believe it is fair for the State to identify only liveaboards as needing regulation. He also stated the 3% figure was never mentioned, and 20% seems to work. Linda Crye, liveaboard resident in the State Park Marina, stated liveaboard people are citizens who work and pay taxes. Michael Angel, stated he agrees with the fee structure but won- dered what the City will provide for these fees; they need addi- tional restrooms, shower facilities, dumpsters, parking, pump - outs, and gate lock -outs. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1988 PAGE 9 Richard Smith stated liveaboard people are attorneys, escrow of- ficers, and doctors, and are living on the Bay because it at- tracts them. A 3%-5% liveaboard figure loses the Bay's ambiance. Steve Cool, attorney in Arroyo Grande, discussed possible legal issues involving permits and non -conforming uses where rights transfer with the property and not with the person. Celeste Harvel, 159 Luzon, said permits should be removed if liveaboards break the non -pollution rule. Jody Giannini suggested forwarding the figure of 20% of total moorings as allowable liveaboards to the State Lands Commission and see what their reaction is. Ray Kaltenbach, 473 Sicily, said the pollution in the Bay gets worse every year and suggested all work together to find who is responsible. Gregg Bewick mentioned residents and visitors to the City use dumpsters more than liveaboards do. Howard Smith, 380 Bernardo and a member of the Harbor Advisory Board, agrees with the 20% figure and said there should be some language in the ordinance for reviewing that provision annually. Cathy Teason, registered nurse, agreed with the 20% figure; she requested an accountability on what the permit fee funds are used for. David Pruitt, liveaboard resident, stated an ordinance will not affect people who live on boats now, as much as it will those who want to live on boats in the future. Mayor Reddell closed the hearing to the public. Councilmember Odell noted other sources of pollution to the Bay, and did not believe the liveaboard community should be penalized for their lifestyle. Mr. Davis stated pollution is only one problem, the issue of use of public trust lands for residential uses also needs to be addressed. Councilmembers considered 20% of the total number of moorings within the City limits a figure they were comfortable with at this time. MOTION: Councilmember Sheetz moved Council set the number of liveaboards allowed in the Bay as 20%. The motion was seconded by Councilmember Odell. Mr. Davis discussed the value of liveaboard permits if Council allows transferability. Councilmember Sheetz asked if Council MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1988 PAGE 10 allows a liveaboard permit to transfer with the vessel, would they be upholding the requirements of the Tidelands Trust? Ms. Skousen stated allowing liveaboards is outside of the Tidelands Trust; if the City allows transfer of a permit with the vessel, the seller stands to realize a considerable profit and the City should share in that profit as it does with City leases. Councilmember Odell noted the Tidelands Grant excludes the use of Tidelands property for private benefit; if a person lives on a boat in the Bay, he is excluding anyone else from using that property. Councilmember Odell does not know how to make it fair for everyone, but believes the State Lands Commission will let the City know if they do not like the way the City is administer- ing the lands. Council discussed the motion; they believed the 20% figure should include only those moorings within the City limits; it should also be a fixed numerical figure. Mayor Reddell stated he would like to cover everyone living in the Bay today. Ted Jacobson stated in their review of a proposed ordinance, the Committee determined a liveaboard resident would be defined as one who lives on a boat at least 4 days a week for a month. AMENDED Councilmember Sheetz amended her motion to include the MOTION: 20% figure will be based on the number of moorings within the City limits only (excluding the State Park Marina), and a numerical figure will be established from that number. Councilmember Odell accepted the amendment and the motion carried with Councilmember Lemons abstaining. (4-0-1) MOTION: Councilmember Sheetz moved the issue of transferability of liveaboard permits be tabled. The motion was sec- onded by Councilmember Odell and carried with Coun- cilmember Lemons abstaining. (5-0) Mr. Napper stated the Council action will be forwarded to the State Lands Commission and the Regional Water Quality Control Board for their comments. Councilmember Lemons returned to his seat. Council recessed from 9:33 p.m. to 9:45 p.m. After recess Mayor Reddell restated the earlier motion to estab- lish the number of moorings as of tonight and excluding the State Park Marina and Back Bay; Council also tabled transferability of permits. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 8, 1988 PAGE 11 B-5 RESOLUTION NO. 84-88 ADOPTING GENERAL PLAN CIRCULATION ELEMENT, CASE NO. GPA 03-86A MOTION: Councilmember Odell moved Item B-5 be continued. The motion was seconded by Councilmember Sheetz. Councilmember Lemons was not in favor of postponing the action; he said the Traffic Circulation Element only contains those changes made by Council during the public hearings on this item and Council should adopt it. Councilmembers Sheetz and Odell stated they wanted more time to review the changes. MOTION: Councilmember Lemons offered a substitute motion that Council open the item for public hearing this evening, and adjourn to the Conference Room Wednesday, at 2 PM to consider this item. The substitute motion was sec- onded by Councilmember Odell and unanimously carried. (5-0) Mayor Reddell opened the public hearing. Jody Giannini asked what happed to the extension of Coleman Drive? Councilmember Donnelly stated it was not put into the Circulation Element. Katherine Walling stated she would like a report of the details of what the changes are. Mr. Farrel reviewed his staff report. He advised Council he has a copy of the Circulation Element in his office which delineates all changes made by Council; he could go over those items with individual Councilmembers before their adjourned meeting if they would like. Mayor Reddell asked about the City's liability if they do not im- plement •items adopted in the Circulation Element; Ms. Skousen stated the City's liability is not increased by setting forth items they intend to improve. Mayor Reddell asked why the Element shows a bikepath along Morro Creek to Coleman Drive; Mr. Farrel said during public hearings, a bikepath was considered an acceptable linkage. Councilmember Lemons pointed out it has a low priority status. Mr. Farrel stated the Element still shows the bikepath through the Keyoto-Natalie property near the dunes, and during Council hearings it was determined it should be nearer the highway; he will change that map. Mayor Reddell asked about truck routes in the Element; Mr. Nichols said the Element stated there is no truck route plan in the Circulation Element. Councilmember Sheetz discussed the fish MINUTES - MORRO BACITY COUNCIL • REGULAR MEETING - AUGUST 8, 1988 PAGE 12 tallow truck and the possibility of requiring them to use en- closed vehicles. Jody Giannini cautioned against implementing conditions the tallow company could not or would not comply with; Morro Bay has no other way to get rid of waste from fish process- ing plants. Council continued discussion of this item to Wednesday, August loth. Mr. Napper noted Council's discussion of this item at their last meeting and direction to continue the matter to this meeting. He reminded Council of the Government Code provisions requiring pub- lic health, safety, or welfare findings and citation of a current and immediate threat to the public before enacting a building moratorium on the Embarcadero. Council also wished to discuss appointing a Blue Ribbon Committee to study the matter. Mayor Reddell opened the hearing to the public for comments. Thomas Cahill, Morro Bay resident, expressed his concerns about Embarcadero development and the effects development has on the public's view of the waterfront, bay, dunes and ocean. He gave Council photographs from streets leading to the Embarcadero to illustrate his point. Keith Gurnee, employed by Charles Hartzell, stated he was re- tained by Mr. Hartzell out of concern for what is occurring on the Embarcadero. He said he also met with Peter Diffley of Civic Action League and Warren Dorn of Morro Bay Beautiful. He dis- cussed the 1978 California Conservancy's Urban Waterfront Restoration Program which has funded several projects for the Embarcadero in the past, and the City should complete that Pro- gram. He stated Council should attempt to control any growth on the Embarcadero during the period in which they are formulating a Harbor Master Plan. Ray Kaltenbach noted Mr. Dorn had no objections to the Morro Bay Marina project when it was proposed, but now that there is a de- velopment which might block some of the view from his son's restaurant, he wants a moratorium. He said Council should avoid inconsistency from approving one project and not another. Mayor Reddell noted any construction north of Beach Street is controlled by Measure D passed by the voters some years ago. He asked if there were any projects proposed for the Embarcadero be- MINUTES - MORRO BAPCITY COUNCIL • REGULAR MEETING - AUGUST 8, 1988 PAGE 13 sides the Waterman Project and Mr. Gunther's proposal? Mr. Farrel stated the only other proposal is from Hittle's attorney, and is not a project as yet. Mayor Reddell stated he would be in favor of allowing any project on board be permitted to go forward, and enact a moratorium from Beach Street south to limit anything in that area as of today. Mr. Napper reminded Council of the constraints in enacting a moratorium; a Plan of Study must be developed and completed within a certain period of time. Council and the Harbor Advisory Board have indicated their unwillingness to hire an outside con- sultant, and staff does not have sufficient resources or time to do the study. Council discussed the possibility of hiring a planner for an interim period to assist the Planning Department. Councilmember Lemons stated he cannot not justify findings for an urgency moratorium ordinance in this area; there have only been 3 buildings constructed on the Embarcadero in the last 11 years. He said the Councilmembers who voted in favor of the Waterman Project made a good decision, and Civic Action League is trying to stop it. A hard and fast rule on height on the Embarcadero is not going to contribute to the character of that area. Councilmember Odell disagreed stating the time to enact a morato- rium is before there is actually a building boom; he would like to see a plan for the area before construction takes place. Mayor Reddell was not in favor of a total moratorium; he believed minor construction should be allowed, and he favored only a 90- day moratorium. Councilmember Sheetz asked if the Harbor Advisory Board has con- sidered a Master Plan yet? Mr. Davis stated they have initiated the process and Mr. Farrel has been meeting with them to outline issues and receive their input. Councilmember Sheetz suggested hiring an individual to work in-house with the Harbor Advisory Board rather than creating another committee to study the: Embar- cadero. There was discussion regarding the composition of -a com- mittee consisting of members from various City standing commit- tees along with 1 or 2 members at large. Councilmember Sheetz suggested Tom Cahill be on the committee. Councilmember Lemons stated the Harbor Plan is receiving priority status in the City; he does not see how enacting a moratorium will speed the process up any more, and pointed out the PD over- lay on the Embarcadero allows the City to establish conditions on a project by project basis. Councilmember Donnelly agreed. Councilmember Odell and Mayor Reddell stated they could support a moratorium for an interim period while a study and plans are conducted. MINUTES - MORRO BAPCITY COUNCIL • REGULAR MEETING - AUGUST 8, 1988 PAGE 14 MOTION: Councilmember Odell moved staff be directed to prepare an interim urgency ordinance contingent upon formation of an Embarcadero Specific Plan and establishment of viewshed analysis, traffic and pedestrian circulation and other concerns, with the finding it is in the pub- lic's interest to protect their welfare and ability to enjoy vistas and use of public lands; it is the intent of Council the moratorium last no more than 90 days. Mayor Reddell stated he would second the motion if Councilmember Odell would exempt all projects existing in the Planning Depart- ment at this time. Councilmember Odell amended his motion to exclude de- velopment projects at or past the Planning Commission review stage. The amended motion was seconded by Mayor Reddell. Mr. Napper pointed out a moratorium ordinance must return with a study plan of action to Council at least 10 days before the expi- ration of the initial 45 days to consider a time extension. Judy Skousen stated there is no way a study of this area will be com- plete in either 45 or 90 days; there are very complicated issues to be decided. It was noted the moratorium will cover both sides of the Embar- cadero from South Street north to Beach Street. Mr. Napper re- minded Council an ordinance enacting an urgency moratorium re- quires 4/5th approval of the Council. The motion carried with Councilmembers Donnelly and Lemons voting no. (3-2) Mr. Napper reviewed the 2 proposals received as a result of City advertising; one from Barre Advertising and another from the Morro Bay Chamber of Commerce. The Barre Advertising proposal does not guarantee a visitors center will be implemented. City staff met with Chamber representatives regarding the Chamber's proposal to close their office on weekend during 8 months of the year. A compromise was reached for the Chamber of operate reduced hours on Saturday during the off-season; 10 AM to 3:30 PM, and 9 AM-5 PM during the summer. Also, the Chamber will install an answering machine during closed hours to receive mes- sages for information requests. He recommended approval of awarding the Local Visitors Services Contract to the Morro Bay Chamber of Commerce. MINUTES - MORRO BA90CITY COUNCIL REGULAR MEETING - AUGUST 8, 1988 PAGE 15 MOTION: Councilmember Donnelly moved Council authorize the City Administrator to draft and sign an agreement with the Morro Bay Chamber of Commerce to operate a Local Visi- tors Services Bureau as negotiated, in an annual amount not to exceed $23,100. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) D. NEW BUSINESS Mr. Napper reviewed the new City Master Lease Agreement with the Morro Bay Yacht Club; the new term is for 5 years, base rent $9,660 per year, and the Yacht Club will keep 5 of the 23 mooring sites available to transient vessels. MOTION: Councilmember Lemons moved for adoption of Resolution No. 81-88. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) D-2 CONSIDERATION OF ENACTING AN ORDINANCE MANDATING RESIDENTIAL FIRE SPRINKLER SYSTEMS IN NEW HOMES CONSTRUCTED IN AREAS OR DESIGNED IN WAYS THAT IMPEDE FIRE SUPPRESSION ACCESS Councilmember Sheetz requested this item be carried over to the next meeting; Council agreed. D-3 DISCUSSION OF EXISTING HARBOR ORDINANCES DESIGNATING AND REGULATING SPECIAL USE AREAS FOR SWIMMING. SKIN DIVING. AND SURFING Mr. Napper stated this item is on the agenda at the request of Councilmember Donnelly; copies of applicable Municipal Code sec- tions have been included. He noted Sections 15.36.030 (swimming areas), .040 (skin diving), and .050 (surfing) overregulate ac- tivities better left to individual judgment, rather than risk public liability by omission in not warning of safe and unsafe recreational areas. Councilmember Donnelly asked if the sections outlined could be deleted without going through the Harbor Advisory Board; he has discussed it with one of the Harbor Advisory Board members, and they can speak at the public hearing for first reading if they have any objections. Mr. Napper responded the desired process is at Council's discretion. MOTION: Councilmember Donnelly moved staff prepare an ordinance to eliminate Sections 15.36.030, .040, and .050 from the Morro Bay Municipal Code, and this item not be re- ferred to the Harbor Advisory Board for a recommenda- MINUTES - MORRO BACITY COUNCIL It REGULAR MEETING - AUGUST 8, 1988 PAGE 16 tion. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) D-4 DIRECTION TO COUNCIL'S DELEGATE TO COUNTY SOLID WASTE MAN- AGEMENT COMMISSION TO REPRESENT THE CITY'S POSITION TO THE COUNTY BOARD OF SUPERVISORS REGARDING A PROSPECTIVE REFUSE TRANSFER STATION IN/NEAR MORRO BAY Councilmember Lemons stated he is on the County Waste Management Commission, and he believes the County Engineer's Department is going to recommend to the Board of Supervisors a transfer station be located at the Quintana Road site discussed at previous Coun- cil meetings. There is a Commission Sub -Committee study stating they do not understand why the Los Osos Landfill Site should not be the prime location. The Waste Management Commission also adopted a motion to make a recommendation to the Board of Super- visors in favor of the Los Osos Landfill alternative. He asked Council to give him the authority to represent the City of Morro Bay as being opposed to the Quintana Road site, and if the Los Osos Landfill site is not accepted by the Board of Super- visors, they consider the site behind the Pacific Care Center in Morro Bay. MOTION: Councilmember Donnelly moved Council authorize Coun- cilmember Lemons to represent to the Board of Supervi- sors the Morro Bay City Council still prefers the Los Osos Landfill site for a transfer station; and, if that is not acceptable to the Board, Council prefers the area behind the Pacific Care Center to the Quintana Road site. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) F. ADJOURNMENT MOTION: Councilmember Sheetz moved the meeting adjourn to Wednesday, August 10, 1988, 12:00 noon in the City Hall Conference Room to consider adoption of the Circulation Element. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) The meeting adjourned at 11:33 p.m. Recorded by: ARDITH DAVIS City Clerk a3 6 6 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 - JULY 25,- 1988 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE CERTIFICATES OF APPRECIATION TO BLUE RIBBON COMMITTEE MEMBERS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so by standing. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the fol- lowing actions are approved without discussion. A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JULY 11, 1988 A-2 STATEMENT OF INVESTMENTS - JUNE 1988 A-3 EXPENDITURE REPORT - JUNE 1988 A-4 RESOLUTION NO. 77-88 APPROVING CONDITIONAL .SIGN PERMIT 04-88, NON- CONFORMING POLE SIGN AT THE GOURMET CHALET, 500 EMBARCADERO A-5 RESOLUTION NO. 78-88 APPROVING AGREEMENT WITH SAN LUIS OBISPO COUNTY FOR ANIMAL CONTROL SERVICES A-6 RESOLUTION NO. 73-88 APPROVING TERMS OF EMPLOYMENT AND CONDITIONS FOR CITY OF MORRO BAY CONFIDENTIAL EMPLOYEES A-7 AWARD OF CONTRACT FOR PROJECT PW 88-01, ANNUAL STREET STRIPING PROGRAM A-8 DECLARATION OF SURPLUS CITY PROPERTY (PULLED) A-9 REJECTION OF LIABILITY CLAIMS AGAINST THE CITY (CUTTER) 1 A-10 RESOLUTION NO. 75-88 ESTABLISHING PARCEL CHARGES FOR THE 1988 WEED ABATEMENT PROGRAM A-11 SET DATE (AUGUST 8, 1988) FOR HEARING OF APPEAL TO PLANNING COMMISSION APPROVAL OF SENIOR HOUSING PROJECT ON ELENA STREET (CUP 26-88/CDP 73- 88R/TM-MB 88-121) A-12 RESOLUTION NO. 72-88 APPROVING TERMS OF EMPLOYMENT AND CONDITIONS FOR CITY OF MORRO BAY MISCELLANEOUS EMPLOYEES B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 RESOLUTION NO. 76-88 PETITIONING THE GOVERNOR TO NOMINATE MORRO BAY TO THE NATIONAL ESTUARY PROGRAM B-2 REPORT FROM CITIZENS ADVISORY COMMITTEE ON DESIGN GUIDELINES FOR GAZEBO IN MORRO BAY "CITY" PARK B-3 ANNUAL PERFORMANCE REPORTS BY PEOPLES' SELF-HELP HOUSING REGARDING CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS (1986 HOUSING REHABILITATION PROGRAM; 1987 SENIOR HOUSING PROJECT) 11 B-4 RECOMMENDED AMENDMENTS TO LOCAL COASTAL PROGRAM, SUB -AREAS 2 AND 5 UNDER INTERIM URGENCY ZONING ORDINANCE STUDY AREA (CASE NO. LUP/ZOA 02-88; CLOISTERS AND SURROUNDING PROPERTIES) B-5 CONSIDERATION OF A BUILDING MORATORIUM FOR THE EMBARCADERO WATERFRONT AREA AND POSSIBLE FORMATION OF A MAYOR'S BLUE RIBBON COMMITTEE B-6 PUBLIC HEARING ON ANNEXATION NO. 4 (GIST; UNINHABITED SINGLE PARCEL, NORTHWEST CORNER ZANZIBAR STREET AND PANORAMA DRIVE) B-7 CONSIDERATION OF TIME EXTENSION FOR FILING RESIDENTIAL BUILDING APPLI- CATIONS UNDER THE 1988 WATER ALLOCATION OPERATING GUIDELINES (PULLED) C. UNFINISHED BUSINESS NONE D. NEW BUSINESS D-1 RESOLUTION NO. 74-88 ALLOCATING FAU STREET MONIES TO TWIN BRIDGES JOINT PROJECT D-2 STREET ADVISORY COMMITTEE RECOMMENDATION FOR FY 88-89 STREET MAINTENANCE OVERLAY PROJECTS D-3 REPORT BY COUNCILMEMBER SHEETZ REGARDING LEAGUE OF CALIFORNIA CITIES DOWNTOWN REVITALIZATION WORKSHOP 2 0 E. CLOSED SESSION E-1 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION; CIVIC ACTION LEAGUE VS CITY COUNCIL OF THE CITY OF MORRO BAY AND KEYOTO-NATALIE VS, CITY OF MORRO BAY E-2 GOVERNMENT CODE SECTION 54956.9(C), POTENTIAL LITIGATION F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RE- LATING 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. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1988 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Reddell called the meeting to order at 6:05 p.m. PRESENT: Dale Reddell Paul Donnelly John Lemons Jeff Odell Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Judy Skousen Alan Davis Bill Farrel Forrest Henderson Nick Nichols Steve Wolter Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Harbor Director Community Develop. Dir. Asst. to City Admin. Public Works Dir. Recreation & Parks Dir. City Clerk Woody Shoemaker of Coast Christian Fellowship gave the invoca- tion, and Horace Strong led the Pledge of Allegiance. PRESENTATIONS - CERTIFICATES OF APPRECIATION TO BLUE RIBBON COMMITTEE MEMBERS Mayor Reddell presented Certificates of Appreciation to members of the Blue Ribbon Committee; this Committee spent considerable time analyzing and formulating land use recommendations for prop- erties in the Interim Urgency Zoning Ordinance Study Area (Cloisters and surrounding properties). Those present to receive their Certificates were Chairman Chuck Clarke, Peter Diffley, Warren Dorn, and Ed McCracken. Also on the Committee were Steve Semas, Phil Persons, Cheryl McCarty, and Paul Ritchie. Mayor Reddell stated one of the property owners (Keyoto-Natalie) was also represented by Alain Sarfatti on the Committee. Mayor Reddell thanked the Committee members for their diligence in pur- suing community consensus for use of this property. 1. Katherine Walling, 440 Piney Way, suggested the City cut weeds next year instead of spraying; spraying causes erosion of banks. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1988 PAGE 2 None. A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JULY 11, 1988 Mr. Napper recommended Council approve the minutes as submitted. A-2 STATEMENT OF INVESTMENTS - JUNE 1988 Mr. Napper recommended Council receive the report for file. A-3 EXPENDITURE REPORT - JUNE 1988 Mr. Napper recommended Council approve the Report as submitted. A-4 RESOLUTION NO, 77-88 APPROVING CONDITIONAL SIGN PERMIT 04- 88, NON -CONFORMING POLE SIGN AT THE GOURMET CHALET, 500 EMBARCADERO Mr. Napper recommended Council adopt Resolution No. 77-88. A-5 RESOLUTION NO, 78-88 APPROVING AGREEMENT WITH SAN LUIS OBISPO COUNTY FOR ANIMAL CONTROL SERVICES Mr. Napper recommended Council adopt Resolution No. 78-88. A-6 RESOLUTION NO, 73-88 APPROVING TERMS OF EMPLOYMENT AND CON- DITIONS FOR CITY OF MORRO BAY CONFIDENTIAL EMPLOYEES Mr. Napper recommended Council adopt Resolution No. 73-88. A-7 AWARD OF CONTRACT FOR PROJECT PW 88-01, ANNUAL STREET STRIP- ING PROGRAM Mr. Napper recommended Council award contract for Project PW 88-01 to Safety Striping Service, Inc. in the amount of $17,354.95. A-8 DECLARATION OF SURPLUS CITY PROPERTY (PULLED) Mr. Napper stated this matter has been pulled from the Consent Calendar and will be re -scheduled at a future date. A-9 REJECTION OF LIABILITY CLAIMS-AGAINSTTHE CITY__LCUTTERI Mr. Napper recommended Council deny the claim, and authorise the City Clerk to send the appropriate rejection letters. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1988 PAGE 3 A-10 RESOLUTION NO, 75-88 ESTABLISHING PARCEL CHARGES FOR THE 1988 WEED ABATEMENT PROGRAM Mr. Napper recommended Council adopt Resolution No. 75-88. •Yip._ -•\' �,• •' •� • �.�� • - \s Mr. Napper stated staff has received a request from People's Self -Help Housing that the hearing on this matter be scheduled for August 22, 1988; some of their people will be out of town on August 8th. Therefore, Mr. Napper recommended Council set August 22nd as the hearing date and instruct staff to prepare the appro- priate staff reports and notices accordingly. Mr. Napper recommended Council adopt Resolution No. 72-88. Councilmember Sheetz requested items A-1 and A-4 be pulled; she was not present at the last meeting and wished to abstain from voting on these items. MOTION: Councilmember Sheetz moved for the approval of the Con- sent Calendar with the exception of Items A-1 and A-4. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) MOTION: Councilmember Donnelly moved for the approval of Items A-1 and A-4. The motion was seconded by Councilmember Lemons and carried with Councilmember Sheetz abstain- ing. (4-0-1) Alan Davis reviewed the National Estuary Program established to develop a comprehensive conservation and management plan for des- ignated estuaries. If a site is nominated as an estuary by the Governor and approved by EPA, a Task Force is subsequently formed to identify problems in the estuary. $12 million per year for five years has been budgeted by the Federal Government for con- servation and management plan research grants for approved estu- aries. It has been determined Morro Bay would qualify under the parameters of the Program if nominated by Governor Deukmejian; a resolution and letter of support is presented for Council consid- eration and approval. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1988 PAGE 4 Mayor Reddell opened the hearing to the public for comments. Ray Kaltenbach, 473 Sicily, stated this is a vital program to Morro Bay, encouraged Council to adopt the Resolution, and urged fishermen write the Governor to support the nomination. MOTION: Councilmember Sheetz moved Council adopt Resolution No. 76-88. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) B-2 REPORT FROM CITIZENS ADVISORY COMMITTEE ON DESIGN GUIDELINES FOR GAZEBO IN MORRO BAY "CITY" PARK Mayor Reddell stated he is in receipt of a letter from Morro Bay Beautiful rescinding their gift of a gazebo to the City; based on this information, the item should be pulled from the agenda. MOTION: Councilmember Lemons moved this item be tabled. The motion was seconded by Councilmember Donnelly. Joan Silva, 934 Anchor, stated she circulated a petition to keep a gazebo out of "City" Park, and said the measure should still be on the ballot for the people to decide whether or not they want a gazebo in City park, either now or at some future date. Mayor Reddell stated this Council action has nothing to do with the ballot measure; the initiative measure has already qualified for the November ballot for voter consideration. Warren Dorn, President of Morro Bay Beautiful, requested his let- ter to be read into the record. He said Morro Bay Beautiful never intended to be involved in a local political squabble, and that is why they have rescinded their offer of a gazebo. Mr. Napper was requested to and did read a portion of the letter (page 2) into the record. The motion was unanimously carried. (5-0) B-3 ANNUAL PERFORMANCE REPORTS BY PEOPLES' SELF-HELP HOUSING RE- GARDING CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS f1986 HOUSING REHABILITATION PROGRAM: 1987 SENIOR HOUSING PROJECT) Bill Farrel summarized the Annual Reports on two Community Devel- opment Block Grants which are in progress; housing rehabilitation and a 40-unit low-income senior and handicapped rental housing project. He stated no formal action is required, however, Coun- cil should accept public comment on the Reports. Staff from People's Self -Help Housing presented a video of their housing rehab project done at 422 Bonita Street in Morro Bay; the MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1988 PAGE 5 film showed in detail the work that can be accomplished through this program to assist low-income individuals. Mayor Reddell opened the hearing to the public for comments; there were no comments, and the hearing was closed. MOTION: Councilmember Lemons moved to accept the staff report and forward the two CDBG Annual Reports to State offi- cials. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) Mayor Reddell commented Councilmembers have visited some of the sites rehabilitated by People's Self -Help Housing, and he is very impressed with the work they are doing. RECOMMENDED • MIY _\ _. AMENDMENTS • LOCAL COASTALPROGRAM, AND 5 UNDER INTERIM URGENCY ZONING ORDINANCE STUDY AREA fCASE NO, LUPIZOA 02-88, CLOISTERS AND SURROUNDING Mr. Farrel reviewed the Council's past action to institute a moratorium on building in these designated areas for purposes of studying the area to address health, safety, and welfare concerns raised and determine the best zoning possible for this area. He stated Council adopted a Plan of Study which included retaining a consultant to develop planning proposals for development. Coun- cil also appointed a Blue Ribbon Committee for citizen input into the process. Numerous public meetings and hearings were held to garner public input during the process. Mr. Farrel reviewed the various zoning recommendations provided by the consultant (Sandy Merriam of Merriam & Associates) for the various Planning Areas, and alternate suggestions forwarded by the Planning Commission and Blue Ribbon Committee. Council has the option of maintaining the existing land uses, ac- cepting any of the recommendations, or make other changes as deemed appropriate to the studies. If Council does make substan- tive changes, the matter should return to the Planning Commission for their input. Final action taken must be referred to the Coastal Commission for certification, if land use changes are enacted. Councilmember Lemons referred to Area B-3 which is the area near Azure Street designated for single family dwellings; he asked how many houses could be in the area. Mr. Farrel stated the area consists of 10 to 12 acres with a maximum of 6 or 7 units per acre; this would mean 50 to 75 units. Mr. Farrel outlined the following procedure: Council should re- ceive everyone's recommendations and initiate a new six -week re- view period; receive public comments at this time; express any MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1988 PAGE 6 land use preference(s) at this time if so desired; and schedule a final public hearing on the item for September 12th. Mayor Reddell opened the hearing to the public for comments. Jim Nance, 250 Damar, encouraged Council to accept the recommen- dations of the Blue Ribbon Committee. Ray Kaltenbach, 473 Sicily, asked if the fresh water lake that used to exist on the Cloisters property, and has since been filled, was taken into consideration in the study; it will affect building on that land. William Walter, attorney representing the owners of the Clois- ter's property, stated he hoped to have written materials to pre- sent to Council at the next hearing which will be responsive to the issues raised by the consultant's report. He stated he is concerned the people in the neighborhood of the Cloisters prop- erty are not aware of the work and proposals made by the consul- tants. He noted a Minority Report submitted earlier by the prop- erty owners which contains the results of a telephone survey con- ducted by them. He stated the original subdivision of this property goes back to 1915 at which time it was subdivided into 500 residential lots. Mr. Walter presented a new proposal which includes approximately 210 houses across the Cloisters property, and allows for a view corridor; he said the property owner plans to file this proposal within the next 2 weeks and noted it is consistent with current zoning. He also presented a schematic drawing of the visual im- pacts of the proposed development. He said a mariculture opera- tion would have greater impact on viewsheds than residential development. Councilmember Odell asked if people buying lots in this subdivi- sion would be willing to wait until the year 2000 to build, as this project will not qualify as infill. Mr. Walter indicated an engineer is working on those concerns, and the project will have to be supported by an EIR. Councilmember Sheetz asked if the property owners plan to sell the lots or actually build homes; Mr. Walter stated that question has not been resolved, but they will probably sell the lots. Mr. Walter stated the consultant and staff reports deal with the impacts of mariculture in a cursory manner, citing adverse im- pacts delineated in an EIR for an Abalone Unlimited facility near the City of Guadalupe. He also stated the consultant's report lacks justification to enact the changes recommended, and the City has not met procedural requirements on this matter. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1988 PAGE 7 Chuck Clarke, 2205 Nutmeg and Chairman of the Blue Ribbon Commit- tee, responded to allegations in the property owner's Minority Report the Blue Ribbon Committee recommendations were tainted and biased. He cited the wide community input the Committee had re- ceived, and stated there is considerable data to support their recommendations. Warren Dorn, 212 Beach Street and a member of the Blue Ribbon Committee, stated the Minority Report is an insult. He believed the property should be left as open space or ESH, and said the compromise suggested by the Committee is generous. Councilmember Odell commented the City did not rezone this par- ticular property R-1; it was rezoned by the Coastal Commission. Katherine Walling discussed restoration of the dunes in the Cloisters area, and noted the number of issues to be resolved be- fore a decision is made. She noted the Cloisters property used to be zoned R-A/Open Space, and wondered how it got rezoned to R-1? Andrew Merriam, City consultant, stated the view corridor was not the only significant concern addressed by their report; also con- sidered were the impacts of traffic, various kinds of growth, and the sensitive dunes area. Henry Piaskowski, Cayucos, stated he was concerned about pollu- tion and clean air, and questioned how growth in this area would affect the sewage treatment plant. Richard Przybyla, 160 Bali, stated he represents some of the property owners in the Beach Tract area north of the Cloisters property. He said 95% of the people there do not want a maricul- ture, RV, or hotel uses on this property; they prefer homes. Gene Doughty, an architect specializing in marine architecture, said he supports the staff recommendation. Andrew Davlin, Jr., representing Abalone Unlimited at 875 Embar- cadero, stated the abalone tanks are only 36 inches high; he did not see how they would impact the viewsheds more than a residen- tial use? Mayor Reddell noted Abalone Unlimited is not necessarily the sole mariculture use that could be established on this property; there are numerous other marine research facilities and companies that could be interested. Councilmember Sheetz asked how mariculture affects water sup- plies; Mr. Davlin stated ocean water is constantly being circu- lated throughout an abalone farm, not fresh water. The animals do not ingest the water, so it goes back out to the ocean essen- MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1988 PAGE 8 tially the same as it came in; the water is used mostly for oxy- gen purposes. Mr. Przybyla objected to the mariculture pumping water into the ocean, and stated the ocean is already affected by the sewage treatment plant. He restated he would support 6,000 sq. ft. res- idential lots, or a golf course. Mr. Farrel noted abalone are not filter -feeding animals, they consume kelp only. Frances Budlong, 165 Bali, agreed with Mr. Przybyla stating the residents in the area prefer low -density, 1-story homes in this area. She would accept a golf course with no hotel, and does not want and abalone farm. Randy Ruff, Shasta Avenue, stated 210 homes will produce 15 mil- lion gallons of sewage effluent a year; he said the effect of pollution is far greater from residences than from an abalone farm. Mayor Reddell closed the hearing to the public. Councilmember Lemons asked if it is possible to have a joint zon- ing designation that would permit mariculture, recreation use, visitor serving, or conference center? He said if zoned in that manner, it would be the owners' option as to how the land would be utilized. Mr. Farrel stated there are 3 possible uses pro- posed, and these could be broadened. Councilmember Lemons asked if the Blue Ribbon Committee and con- sultant's recommendations were specific enough so if the review period is scheduled to end on September 9th, the Council could adopt any or all of the recommendations and not have to extend the review period. Ms. Skousen requested Council give specific guidance to staff; it is necessary all of the possibilities Coun- cil is considering are available to the public during the spe- cific timeperiod so they have an opportunity to comment. If Council later decides on an alternate use or uses not contained in the review packet, the review period may have to be re- started. Councilmember Lemons asked if an EIR procedure should be com- pleted before zoning is decided. Ms. Skousen stated the law is very clear it is not necessary to have an EIR for an LCP amend- ment; the information materials are submitted to the Coastal Com- mission and their review is the equivalent of an EIR. Mayor Reddell suggested Council can consider split zoning and an overlay; i.e., golf course overlay with mariculture in specific areas. Councilmember Donnelly was agreeable to opening up the Cloisters property to recreational uses, with a golf course overlay. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1988 PAGE 9 Council discussed the recommendation for a resort designation; Ms. Skousen stated the recommendation was for a conference center similar to the Asilomar facility in Monterey. It was not in- tended to compete with motels in the downtown area as it would cater to a different clientele and conference use. Mayor Reddell was in favor of a golf course overlay over the Cloisters study area; he also stated any resort use would have to be clearly defined. Councilmember Sheetz commented a mini -motel as part of a conference center could not be supported by her; a conference center with meeting rooms only and no lodging on -site is her preference for this type of use. Councilmember Lemons suggested Council not rule -out a conference center yet. Mr. Napper suggested after another 6-week review period ends, Council set a special meeting to consider final action on this subject. MOTION: Councilmember Lemons moved the review period be ex- tended as staff recommends until September 9, 1988; and the intent of Council is for the public to review and the Council to hear all recommendations contained in the Blue Ribbon Committee report and the consultant's report submitted this evening. The motion died for lack of a second. Ms. Skousen pointed out there are basic differences between the consultant's report and the Blue Ribbon Committee's report. Council should provide guidance on the discrepancies so the pub- lic will know what Council is considering adopting. Councilmember Sheetz stated there are also differences in the Planning Commission's recommendations; they do not support changes in the alignment of Coleman Drive, and believe the zoning on Lila Keiser Park should remain industrial. MOTION: Councilmember Sheetz moved staff be instructed to pre- pare a golf course overlay for the Cloisters property, in addition to the other materials submitted, and in- corporate all of the submitted materials into the pub- lic review packet and period which will close on September 9, 1988. The motion was seconded by Coun- cilmember Donnelly. Councilmember Lemons asked if the property owner submits another proposal, does that have to be included in the public review pe- riod? Ms. Skousen stated their proposal is for residential which is consistent with current zoning; one of Council's options has always been to leave the zoning the way it is. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1988 PAGE 10 Mr. Napper suggested Council extend the public review period since it will take additional time to prepare the golf course overlay. Councilmember Sheetz amended her motion to extend the public review period to September 15, 1988, commencing July 28th. The amendment was accepted by Councilmember Donnelly and the amended motion was unanimously carried by roll call vote. (5-0) Council recessed from 8:54 p.m. to 9:07 p.m. •V•_::._ •V OF FOP, _a_ wB:_: :•_W RIBBON 1LM_— • Councilmember Sheetz requested Council consider B-6 first as some of the people in the audience are waiting for a representative to speak on this item. Council agreed. 11 _� .\ • e _ .e • i MV7 ENTROWNTON_1 • le_V . • . _ Mr. Napper stated the property involved is approximately 0.181 acres of vacant land next to the City limits at Zanzibar Street and Panorama Drive. Property tax exchanges have been negotiated and agreed upon with the County and the matter is before Council for final action to include this property within the City's cor- porate limits; a formal resolution will be provided at a subse- quent meeting. Staff also recommends Council assess the property owner $1,500 to recover City expenses to amend the Local Coastal Program Land Use Plan and Zoning Ordinance, and recoup previous staff time in processing this annexation. Mayor Reddell asked why LAFCo says the City cannot ask for right- of-way dedication; Mr. Napper stated that requirement can be ap- propriate when the property gets to the development stage, but not in annexation procedures. Councilmember Donnelly asked the size of the annexation without the right-of-way; Mr. Nichols calculated it to be approximately 4,400 square feet. Mayor Reddell opened the hearing to the public for comments. Katherine Walling asked if this annexation will start a prece- dent? Mayor Reddell stated no, Council had determined it will not at a previous meeting. Mayor Reddell closed the hearing to the public. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1988 PAGE 11 Councilmember Lemons suggested waiving the discretionary fees since it appears to have been a mistake the property was not in- cluded in the City limits when the original boundary lines were drawn. John Gist, property owner, spoke in favor of this action stating his property was inadvertently left out of the City lim- its when incorporated. MOTION: Councilmember Lemons moved staff be authorized to pre- pare the necessary documents and notices to complete the processing of Annexation No. 4; but, the require- ment for a $1,500 deposit be waived due to the circum- stances surrounding the original drawing of City bound- ary lines and this one parcel. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) B-7 CONSIDERATION OF TIME EXTENSION FOR FILING RESIDENTIAL BUILDING APPLICATIONS UNDER THE 1988 WATER ALLOCATION OPER- ATING GUIDELINES (PULLED) Mr. Napper stated this item has been pulled due to the fact all applicants had filed the necessary documents by the July 20th deadline. • • _ ROW_0 : • Mr. Napper stated this item has been agendized at the requests of Mayor Reddell and Civic Action League to possibly halt develop- ment on the Embarcadero until a specific plan can be developed. Mayor Reddell also suggested appointing a Blue Ribbon Committee to generate this plan. Mr. Napper stated the Government Code section governing interim moratoriums has been included in the Council packet for guidance. Councilmember Odell asked if there is a legal restraint in in- cluding the Waterman project in a moratorium. Ms. Skousen stated that project does not have a vested interest at this point; Coun- cil can either include or exclude the project from a moratorium. Mayor Reddell opened the hearing to the public for comments. Warren Dorn, 212 Beach Street, discussed his recent appearance before Council regarding applying for Proposition 70 funds to complete Embarcadero projects and buy the VRM property. He said a plan for the Embarcadero needs to be developed, and Council should establish a study and a Blue Ribbon Committee. Peter Diffley, 960 Anchor, agreed with Mr. Dorn and urged Council to declare a building moratorium on the Embarcadero. He said he expected Keith Gurnee at the Council meeting to speak on this subject, however, he had a previous commitment. He noted the MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1988 PAGE 12 Planning Commission deferred action on Ralph Gunther's Embar- cadero project at their last meeting, because they knew Council was to consider a moratorium. He also suggested that some con- struction, such as remodeling, be allowed during the moratorium. Ray Kaltenbach was in favor of planning the Embarcadero. Ed Ewing said every time something new is proposed for develop- ment, Council enacts a moratorium instead and appoints a commit- tee study the area. He suggested Council make decisions on new development, whether it's favorable or not; they were elected to make decisions. He said Council is dodging their responsibili- ties as elected officials; the City has an adopted LCP, have the guts to implement it. Ralph Gunther, applicant for development project on the Embar- cadero, stated he presented an application for a project under existing City ordinances and has spent a considerable amount of money on plans and City fees. He requested Council direct the Planning Commission to render a decision for or against his ap- plication in accordance with current City rules and regulations. He is tired of the studies -on -top -of -studies syndrome, and noted Council can regulate what is going on by existing codes. Nancy Bast, Fairview, spoke in favor of a moratorium on both sides of the Embarcadero; she was also concerned about monopo- lization of lease sites. She said Council needs to establish policies on a uniform building height and parking. Bruce Risley, President of Civic Action League, stated CAL did not hire Keith Gurnee or participate in his employment. Mr. Risley encouraged Council to enact a moratorium; he said the Embarcadero is in danger of having a major character change with- out proper planning. He was concerned things don't get carried out, and cited plans presented to the Recreation and Parks Com- mission to enhance the Chess Board 4 years ago which have not been acted upon. Katherine Walling said something needs to be done because Morro Bay is not a "quaint fishing village" anymore. Mayor Reddell closed the hearing to the public. Councilmember Odell was in favor of a moratorium, but felt some questions needed to be answered, i.e., would the moratorium apply to water -side development only or both sides of the Embarcadero, time element, height limitations. He also did not believe it should take 22 months to develop a plan, and he was in favor of a moratorium including the Waterman project. Councilmember Sheetz asked if the Harbor Board had worked on a Harbor Plan yet. Mr. Davis stated Boardmember Rofinella has MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1988 PAGE 13 studied past City harbor plans and reviewed them for the Harbor Board; the Board is working with Mr. Farrel to begin the project. He noted Council direction to the Harbor Board is for them not to get involved in the Lease Sites where use of the site or finan- cial matters are being considered. Councilmember Sheetz stated her objection to the Waterman Project was its height and parking; both Councilmember Odell and Sheetz stated they found the Gunther project less objectionable. Coun- cilmember Sheetz stated Mr. Gunther should be allowed to go for- ward with his project. Councilmember Donnelly asked what Keith Gurnee's interest is in this item. Mr. Farrel stated when he addressed the Planning Com- mission, he recounted the history of the City's desire to get more detailed planning on the Embarcadero. Mr. Napper noted Council is encouraging studies be accomplished in-house, and express dissatisfaction that the studies take so long to reach a conclusion. He reminded Council they are asking for additional, sizeable tasks to be absorbed into a Department which is already overloaded with projects. He also stated Coun- cil needs to make specific findings pursuant to the Government Code if enacting a moratorium. Councilmember Lemons was not sure there is a need to enact a moratorium. There have been 3 new buildings constructed on the Embarcadero in the last 4 years; he did not believe that consti- tutes a building boom or run -away construction. He noted there are people on the Council or in the audience tonight who were on the Council or Harbor Commission in 1985 when the Harbor Commis- sion approved a priority work list, and development of a Harbor Master Plan was No. 16 on that list. He said he was troubled by this item, that it was a subterfuge and that findings could not be made to support the moratorium. Mayor Reddell stated he would agree to a moratorium if it applied only to projects submitted after tonight. Councilmember Sheetz asked if findings could be made; Ms. Skousen stated Council has to find there is a current and immediate threat to the public health, safety, and welfare therefore making it necessary to enact the moratorium. The only possible finding Council has alluded to is the lack of planning which might constitute a public welfare finding; but, is it an immediate threat? Councilmember Sheetz reminded Council she had proposed a Resolu- tion in support of Proposition 70 and Council chose not to adopt it. The immediate benefit to Morro Bay is $32,000; that is not going to buy the VRM property or take care of the Embarcadero. Mr. Napper stated there is going to be $4.7 million available for MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1988 PAGE 14 competitive grants; however, indications are it will be divided between agencies to benefit the entire State. Mayor Reddell discussed appointment of a citizens committee to help develop ideas for a Harbor Master Plan. Mr. Farrel advised Council need not enact a total moratorium; it could allow construction under 17 feet, minor repairs or remodel- ing, and restrict uses necessary to allow planning. Councilmember Donnelly stated he was having difficulty making findings to justify a moratorium. Mayor Reddell asked if the lack of public parking for new projects constituted a finding; Ms. Skousen said that might be a public safety issue. Council decided to reagendize this matter for the next meeting to include possible appointment of a Blue Ribbon Committee. Mayor Reddell stated Councilmembers should be prepared with a list of nine names for possible appointment to a committee. Councilmem- ber Lemons suggested the proposed study area include everything west of the toe of the bluff. Council consensus was also to instruct the Planning Commission to make a decision on the Gunther project. C. ' S D NONE D. NEW BUSINES D-1 RESOLUTION NO, 74-88 ALLOCATING FAU STREET MONIES TO TWIN BRIDGES JOINT PROJECT Council reviewed the staff report and recommendation to allocate FAU monies to the Twin Bridges Joint Project. The Street Advi- sory Committee (SAC) adopted a motion staff's proposal not be adopted, but the funds be spent instead on immediate street im- provement projects. They maintained the Twin Bridges Project costs are not yet known, and should be dealt with at the time they are known. Councilmember Odell agreed with the SAC recom- mendation; Councilmember Donnelly favored allocating the money to the Twin Bridges Project. There was discussion as to whether or not the Twin Bridges Project will actually be constructed based on the increased costs. Councilmember Lemons asked if the City could allocate the money to the Twin Bridges project requesting a time extension and ask the SAC for recommendations on specific street projects at the same time. If the time extension is not granted, Council will be prepared to allocate the money to street projects based on the SAC recommendations. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 25, 1988 PAGE 15 MOTION: Councilmember Odell moved Council approve the Street Advisory Committee's recommendations for allocation of FAU funds. The motion was seconded by Councilmember Sheetz. Mr. Nichols explained the possibility of "selling" our FAU funds to other agencies in exchange of gas tax monies thereby allowing the City greater flexibility in assigning projects. After fur- ther discussion, Council agreed to accept the staff recommenda- tion with additional modifications. MOTION: Councilmember Lemons offered a substitute motion that Council approve the staff recommendation to adopt Reso- lution No. 74-88 stating a commitment to the Twin Bridges project and requesting CalTrans to allocate all presently -unallocated FAU funds to pay for those local costs which will not be eligible for federal grant re- imbursement; and refer the matter to the Street Advi- sory Committee for recommendations on street improve- ment projects; and determine if any agencies are inter- esting in "buying" our FAU monies. The substitute mo- tion was seconded by Councilmember Sheetz and unani- mously carried. (5-0) Mr. Nichols reviewed the recommendations of the Street Advisory Committee for FY 88-89 street maintenance overlay projects. They also recommend Harbor lease revenues be used to pay for any Embarcadero street improvements or maintenance. Councilmember Odell stated businesses located at the North end of the Embarcadero benefit from City parking lots; he suggested Council consider an assessment district for this area. Mr. Napper advised against the recommendation of SAC for street maintenance on the Embarcadero be funded by harbor lease rev- enues; he said street maintenance is already supported heavily by the General Fund, and Council should not bind yourselves to an inflexible policy. MOTION: Councilmember Donnelly moved Council authorize the FY 88-89 Street Maintenance Program to be implemented by contract work for the streets and fog -sealing suggested by the Street Advisory Committee. The recommendation was seconded by Councilmember Odell and unanimously carried. (5-0) MINUTES - MORRO BACITY COUNCIL REGULAR MEETING - JULY 25, 1988 PAGE 16 Councilmember Sheetz reported on the recent League seminar she attended in Sacramento dealing with downtown revitalization. She outlined the ideas presented, and suggested Council set a commu- nity workshop to include the Chamber of Commerce, local mer- chants, and the public. Representatives of the Main Street Pro- gram in Paso Robles, and from the Business Improvement District in San Luis Obispo could be invited to speak at the workshop and explain their programs. Ms. Sheetz stated she could speak on the alternatives for financing a program, and the business people of Morro Bay can decide for themselves if they wish to participate. Council directed the City Administrator organize the workshop; Mr. Napper stated the sidewalk sales ordinance, which is due to expire soon, could also be part of the discussion. E. CLOSED SESSION MOTION: Councilmember Sheetz moved the meeting adjourn to Closed Session. The motion was seconded by Councilmem- ber Odell and unanimously carried. (5-0) Mayor Reddell announced Council is adjourning to Closed Session to consider pending litigation in accordance with Government Code Section 54956.9(a) in the matter of Civic Action League vs. City Council of the City of Morro Bav, and Keyoto-Natalie vs. City of Morro Bay; and potential litigation in accordance with Government Code Section 54956.9(c). The meeting adjourned to Closed Session at 11:10 p.m. and re- turned to regular session at 11:23 p.m. F. ADJOURNMENT MOTION: Councilmember Sheetz moved the meeting be adjourned. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) The meeting adjourned at 11:23 p.m. Recorded by: ARDITH 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. REGULAR MEETING - JULY 11, 1988 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so by standing. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the fol- lowing actions are approved without discussion. A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JUNE 27, 1988 A-2 REJECTION OF LIABILITY CLAIMS AGAINST THE CITY (AARON HUXLEY) A-3 AGREEMENT WITH SAN LUIS OBISPO COUNTY FOR ANIMAL CONTROL SERVICES (PULLED) A-4 AWARD OF CONTRACT FOR PROJECT PW 87-14; STREET OVERLAY PROJECTS A-5 RESOLUTION NO. 70-88 APPROVING TERMS OF EMPLOYMENT AND CONDITIONS FOR CITY OF MORRO BAY POLICE EMPLOYEES (4-YEAR CONTRACT) A-6 RESOLUTION NO. 73-88 APPROVING TERMS OF EMPLOYMENT AND CONDITIONS FOR CITY OF MORRO BAY CONFIDENTIAL EMPLOYEES (PULLED) B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PUBLIC HEARING FOR APPEAL OF CONDITIONS TO CUP 41-86 (AMENDED), FISH - PUMP OPERATIONS AT 235 MAIN STREET (ORVAL LEAGE, APPELLANT) B-2 PUBLIC HEARING FOR APPEAL OF DENIED SIGN PERMIT 04-88, NONCONFORMING POLE SIGN AT GOURMET CHALET, 500 EMBARCADERO (DALE MITCHELL, APPELLANT) 1 C. UNFINISHED BUSINESS C-1 DETERMINATION OF LIABILITY CLAIM AGAINST THE CITY (KUNZ/BERGHELL) C-2 TERMS OF OPERATION FOR FY 88-89 LOCAL VISITORS SERVICES BUREAU D. NEW BUSINESS D-1 RESOLUTION NO. 71-88 OF INTENT TO VACATE A PORTION OF NAPA STREET AS PUBLIC RIGHT-OF-WAY (DUNES TO MONTEREY) FOR USE BY MORRO ELEMENTARY SCHOOL D-2 ESTABLISHMENT OF OPERATING GUIDELINES FOR DECLARATION OF FUTURE AGENDA ITEMS BY CITY COUNCIL D-3 CONSIDERATION OF CONSENT TO TEMPORARILY SUBLEASE A PORTION OF LEASE SITE 105.1W TO ABALONE UNLIMITED RESEARCH INC. BY CENTRAL COAST SEAFOOD INC. (DE GARIMORE) FOR RAISING ABALONES D-4 REPORT BY COUNCILMEMBER SHEETZ REGARDING LEAGUE OF CALIFORNIA CITIES DOWNTOWN REVITALIZATION WORKSHOP E. CLOSED SESSION E-1 GOVERNMENT CODE SECTION 54957.6(A); LABOR RELATIONS 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 i 6 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1988 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Reddell called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Dale Reddell Paul Donnelly John Lemons Jeff Odell ABSENT: Rose Marie Sheetz STAFF: Gary Napper Judy Skousen Alan Davis Bill Farrel Forrest Henderson Nick Nichols Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Harbor Director Community Develop. Dir. Asst. to City Admin. Public Works Dir. City Clerk Forrest Henderson gave the invocation, and Mayor Reddell led the Pledge of Allegiance. Mr. Napper announced Councilmember Sheetz is not at the meeting because she is recovering from eye surgery. PUBLIC COMMENT 1. Jerry Schlesinger, 1861 Sage, Los Osos, stated he is in the process of obtaining a permit to build a home at 479 Oahu; the deadline for filing all papers with the City in order to hold his lottery place is July 20th. He explained difficulties he is having meeting this deadline with his engineer on vacation, and requested Council allow an extension of time. Mayor Reddell re- quested this item be placed on the next agenda for Council con- sideration of time extensions. 2. Bruce Risley, President of Civic Action League, read a letter addressed to the City Administrator dated July 11, 1988, requesting Council schedule an agenda item to consider an Embar- cadero moratorium on construction similar to the Ordinances adopted in the VRM property matter. He believes a plan needs to be developed for the area before construction is allowed. 3. Charles Palmer, 485 Estero, commented on the Coastal Stream Diversion Project identical to past statements regarding which agency controls the project (Morro Bay or the Whale Rock Commission), he recommended Morro Bay obtain two seats on the Whale Rock Commission and positions on Commission staff. MINUTES - MORRO BA ITY COUNCIL REGULAR MEETING - Y 11, 1988 PAGE 2 4. Tom Wuriu, Juniper, encouraged Council to pursue grant funds recently approved by the voters through Proposition 70 to purchase the VRM property. 5. Mary Kunz referred to Item C-1 on the agenda (Determination of Liability Claim Against the City; Kunz/ Berghell), and thanked the Council for agreeing to hear this mat- ter. She stated a survey has been completed and she is re- questing the small portion of private property vegetation de- stroyed by the City's weed abatement program be replanted by the City. DECLARATION OF FUTURE AGENDA ITEMS 1. Councilmember Donnelly requested Municipal Code Sec- tions 15.36.030, Swimming Areas; 15.36.040, Skin Diving; and 15.36.050, Surfing be brought back for City Council discussion under New Business. He said no staff report is required. 2. Mayor Reddell requested an item be scheduled to discuss a parking management plan and assessment district for the down- town and Embarcadero areas. 3. Mayor Reddell requested an item be scheduled to con- sider a moratorium on Embarcadero construction; he wished to dis- cuss appointing a Blue Ribbon Committee to study the Embarcadero and develop a plan, instead of hiring consultants. A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JUNE 27, 1988 Mr. Napper recommended Council approve the minutes as submitted. A-2 Mr. Napper recommended Council deny the liability claim against the City, and authorize the City Clerk to sign and send the ap- propriate rejection notice. A-3 AGREEMENT WITH SAN LUIS OBISPO COUNTY FOR ANIMAL CONTROL SERVICES (PULLED) Mr. Napper stated this item has been pulled and will be resched- uled at a future meeting. A-4 AWARD OF CONTRACT FOR PROJECT PW 87-14; STREET OVERLAY PROJECTS Mr. Napper recommended Council award the street overlay project to Madonna Construction in the amount of $123,214. MINUTES - MORRO BA ITY COUNCIL • REGULAR MEETING - Y 11, 1988 PAGE 3 A-5 RESOLUTION NO. 70-87 APPROVING TERMS OF EMPLOYMENT AND DITIONS FOR CITY OF MORRO BAY POLICE EMPLOYEES (4- Mr. Napper recommended Council adopt Resolution No. 70-88. A-6 RESOLUTION NO. 73-88 APPROVING TERMS OF EMPLOYMENT AND CON- ,11., 1 ^1 11TT, 1, .I/1T Tll 19TV IIVLWv 41j Mr. Napper stated this item has been pulled, and will be rescheduled. MOTION: Councilmember Lemons moved for approval of the Consent Calendar as presented. The motion was seconded by Councilmember Donnelly and unanimously carried. (4-0) B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PUBLIC HEARING FOR APPEAL OF CONDITIONS TO CUP 41 AL Mr. Napper stated the City is in receipt of a request from the applicant's attorney to continue this matter; apparently, Mr. Leage, the applicant, is out of town. Mr. Napper suggested if Council agrees to continue the hearing, announce that intention and open the hearing for public comment from those people who will not be able to attend the future hearing. Council consensus was to continue the hearing. Mayor Reddell opened the hearing for public comment. Alice Kolb, 690 Pon- derosa, asked if the property owners would be notified when the matter is again before Council, unless Council sets the hearing for a date certain at this time. Mr. Napper stated property own- ers will be notified since it is unknown when the applicant will return. Mr. Mitchell, the applicant's attorney, stated Mr. Leage is due back July 21st and he will discuss the matter with him at that time. MOTION: Councilmember Donnelly moved the hearing be continued until such time as the applicant can set a new date. The motion was seconded by Councilmember Lemons and unanimously carried. (4-0) B-2 PUBLIC HEARING FOR APPEAL OF DENIED SIGN PERMIT 04-88, NON - Bill Farrel reviewed the application of Mr. and Mrs. Mitchell for a Sign Exception Permit to make a non -conforming sign at 500 Em- MINUTES - MORRO BAOITY COUNCIL • REGULAR MEETING - JULY 11, 1988 PAGE 4 barcadero, conforming. The Planning Commission denied this re- quest, and directed the sign be lowered to 15 feet from its cur- rent 22 feet by November 1987 for eventual compliance to the sign ordinance. Mr. Farrel stated staff recommended Council uphold the Planning Commission's decision on this matter, supporting a uniform approach to enforcement. Mayor Reddell opened the hearing to the public for comments. Dale Mitchell, applicant, gave a verbal and slide presentation in support of his appeal. He noted the unsightly Quonset Hut build- ing as you approach his business from the north, and the large motel to the south, and stated the sign will help to make his business more visible to tourists. He commented on the number of businesses that have tried to operate at this location and their failure to make a viable living. He believed this is because the location of his property on the Embarcadero is surrounded by the Yacht Club, the Quonset Hut, and Associated Divers businesses which are basically non -retail operations; these businesses give the impression there are no retail establishments after the HMS Salt complex. He stated he now experiences less than 1/2 the foot traffic in this area as he had in his previous location on the Morro Bay Marina lease site. Mr. Mitchell stated if Council allows the sign to remain, he hopes it will draw more people to the south end of the Embarcadero. He pointed out, through the use of slides, the pole sign does not interfere with any views from the bluff -top area. Mr. Mitchell reviewed the findings made by the Planning Commis- sion for denying his request and took exception with each. Charles Palmer encouraged Council to allow the sign exception at least until Tidelands Park is finished, which should then in- crease the consumer traffic in the area. He noted the number of businesses which have failed at this location, and stated Council should do what they can to help this one survive. Mayor Reddell closed the hearing to the public. Councilmember Donnelly questioned the effects of Council's action if they grant the appeal; Ms. Skousen stated Council will need to make very specific findings to grant the sign exception to dif- ferentiate it from all other situations. She reviewed sections of the Land Use Plan which states signs detract from the visual quality of the City and officials should encourage elimination of non -conforming signs and discourage pole signs. Councilmember Odell stated the sign is not really visually obtru- sive; however, he does support the elimination of pole signs. In this case, he favored the suggestion to allow the sign to remain until the completion of Tidelands Park. MINUTES - MORRO BA0ITY COUNCIL • REGULAR MEETING - JULY 11, 1988 PAGE 5 Mr. Farrel stated staff is sensitive to businesses desires for effective advertising; but he believes the sign could be lowered and still be plainly visible. He said it is difficult to obtain conformance with the sign ordinance on height limitation because each business person states they need their sign at its full height. Lower signs can be more visible to the pedestrian than tall ones; he encouraged Council not to set a precedent by ap- proving the appeal. Councilmember Lemons stated he favored approving the sign excep- tion but believed Council should set a time limit for additional review. MOTION: Councilmember Lemons moved Council: 1) grant the appeal with the findings the sign is not injurious to the health, safety and welfare of the community, it is not injurious to the neighborhood, and it is in keeping with the intent of the sign ordinance which is communi- cation of business locations and advertising; 2) staff is directed to return with a resolution containing those findings, and others. The motion was seconded by Councilmember Donnelly and unanimously carried by roll call vote. (4-0) Mr. Napper asked if Council wished to include a time frame in the Resolution; Councilmember Lemons suggested the sign exception permit be reconsidered in 5 years or when substantial completion of Tidelands Park occurs, whichever happens first. Mr. Napper suggested the Resolution also contain the fact this particular sign was not part of the 1972 City survey of non -conforming signs in the City, thereby differentiating it from those non -conforming signs already subject to abatement; Council agreed. C. UNFINISHED BUSINESS C-1 DETERMINATION OF LIABILITY CLAIM iS�1�Y.fI:]� Zei.l�l�F+l Mr. Henderson stated Council had requested further information on this claim at their last meeting; staff has conducted a survey of the property, and finds a small portion of vegetation sprayed by the City's weed abatement program occurred on private property. He recommended Council authorize staff to compensate the property owner once the extent of damage has been determined. MOTION: Councilmember Lemons moved Council authorize payment for damages to private property only as a result of the City's weed abatement program. The motion was seconded by Councilmember Donnelly and unanimously carried. (4-0) MINUTES - MORRO BAY•ITY COUNCIL • REGULAR MEETING - JULY 11, 1988 PAGE 6 C-2 TERMS OF OPERATION FOR FY 88-89 LOCAL VISITORS SERVICES BUREAU Mr. Henderson stated at the last Council meeting, Council deter- mined the bid received from the Chamber of Commerce for the Local Visitors Services Bureau for FY 88-89 was not responsive to the City's bid specifications. Since that time, the City has tried to contact with the Chamber of Commerce in an attempt to resolve the problem, but has been unsuccessful in obtaining the Chamber's response. He recommended Council authorize staff to advertise a Request for Proposals on this item, rather than re -bidding the program with City specifications. MOTION: Councilmember Donnelly moved Council authorize staff to advertise a Request for Proposals for the FY 88-89 Lo- cal Visitors Services Bureau in the amount budgeted. The motion was seconded by Councilmember Odell and unanimously carried. (4-0) D. NEW BUSINESS D-1 RESOLUTION NO. 71-88 OF INTENT TO VACATE A PORTION OF NAPA STREET AS PUBLIC RIGHT-OF-WAY (DUNES TO MONTEREY) FOR USE BY Mr. Nichols reviewed the request by the San Luis Coastal Unified School District for the City to temporarily close a portion of Napa Avenue adjacent to Morro Elementary School. Their plan is to install temporary classrooms in the street area, eventually construct buildings and parking lots, and modify traffic circula- tion. Mr. Nichols reviewed the procedures legally necessary to vacate a City street; he recommended Council adopt Resolution No. 71-88 noticing intent to vacate a portion of Napa Avenue, refer the matter to the Planning Commission for determination of com- pliance with the General Plan, and direct staff to negotiate an agreement with the School District regarding terms and conditions of the street vacation. Councilmember Lemons asked how the realignment can comply with the General Plan if it isn't in it; Ms. Skousen stated the Gen- eral Plan may need to be amended. Councilmember Lemons asked if the action on this item is out of order; perhaps it should go through the Planning Commission process first. Mr. Nichols said it could work either way; however, the School District is some- what anxious to complete the process since they would like to im- plement their plan before the beginning of the school year. Mayor Reddell asked why the School District didn't open Del Mar if they need additional room. Mr. Napper stated the School Dis- trict should respond to this question during the public hearing process before this item is approved; however, he believes the School District will respond as to the excessive administrative 0 MINUTES - MORRO REGULAR MEETING PAGE 7 BAY CITY COUNCIL - JULY 11, 1988 and office overhead costs to operate two sites. Councilmember Lemons was not in favor of releasing title to the property with- out assurances of long-term improvements. Mr. Napper stated these items could be worked out during agreement negotiations with the School District; the short-term Agreement does not re- lease City title to the property. MOTION: Councilmember Lemons moved for the adoption of Resolu- tion No. 71-88; this matter be referred to the Planning Commission for consideration of General Plan compli- ance; and staff be directed to negotiate an agreement with the School District regarding terms and conditions for the City's short-term agreement to lease the Napa Street right-of-way. The motion was seconded by Coun- cilmember Donnelly and unanimously carried. (4-0) D-2 ESTABLISHMENT OF OPERATING GUIDELINES FOR DECLARATION OF FUTURE AGENDA ITEMS BY CITY COUNCIL Mr. Napper stated this item was agendized at the request of Mayor Reddell for Council determination of agendizing Council requested agenda items without staff research and analysis. Councilmember Donnelly suggested a policy be established similar to the way Council requested items this evening: the item re- quested by the Councilmember is scheduled on a future agenda for Council discussion as to the merits of the suggestion, and the entire Council then determines whether or not to request staff research and time on the subject. Mr. Napper asked what subsequent meeting staff would be required to schedule the item requested; Mayor Reddell stated it would be up to the Councilmember requesting the item. Mr. Napper stated staff could provide any current information on the subject, such as an ordinance, in the agenda packet. Councilmember Lemons sug- gested the Councilmember requesting the item provide a report outlining ideas on the subject and what action he/she would like the Council to initiate. Council agreed with the suggestion. Mr. Napper stated he would prepare a Council Policy Statement along the lines discussed by Council, and distribute it to Councilmembers. D-3 CONSIDERATION OF CONSENT TO TEMPORARILY SUBLEASE A PORTION OF LEASE SITE 105.1W TO ABALONE UNLIMITED RESEARCH INC. BY CENTRAL COAST SEAFOOD INC. (DE GARIMORE) FOR RAISING ABALONES Mr. Davis reviewed the request of Mr. DeGarimore to sublease a portion of Lease Site 105.1W/105.2 to Abalone Unlimited, Inc. for abalone growing tanks for product expansion from Abalone Unlim- ited's facility on Lease Site 90/90W. While staff supports the 9 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1988 PAGE 8 sublease objective, there remains major this lease site which have not been Lessee. Council direction is requested. 40 maintenance problems on addressed by the Master Mr. Napper suggested Council approve the sublease subject to the Master Lessee signing an agreement to forfeit the lease if the maintenance obligations are not corrected within a reasonable timeframe; this has been the effective procedure in other leases such as the Bayside Fisheries request to sublease to Morro Bay Seafood. Mr. DeGarimore stated when he purchased the lease 3 years ago, he under -estimated the extent of the damage to the wharf and pil- ings. He has spent $100,000 since he assumed the lease in cor- recting repair problems, and intends to correct the outstanding items. He explained some of the problems he has encountered in- cluding the cost of the repairs and posting a performance bond. Mayor Reddell asked why there is requirement for a performance bond when Mr. DeGarimore owns the property easterly of the lease site. Ms. Skousen stated it is to make sure he completes the project in a timely manner; owning adjacent property does not guarantee the work will be done, it hasn't been completed to date. Mr. DeGarimore stated he intends by early Fall to submit plans to entirely redo the lease site in two, maybe three phases. Hugh Staten, Abalone Unlimited, Inc., explained their need to ex- pand and the process they are pursuing to obtain permits through the County of San Luis Obispo for their operation in the South County. They should only need the site on Mr. DeGarimore's lease for approximately 2 years. MOTION: Councilmember Odell moved this item be referred to Closed Session to discuss real property negotiations. The motion was seconded by Councilmember Donnelly and unanimously carried. (4-0) D-4 REPORT BY COUNCILMEMBER SHEETZ REGARDING LEAGUE OF CALIFOR- NIA CITIES DOWNTOWN REVITALIZATION WORKSHOP Mr. Napper stated this item has been pulled since Councilmember Sheetz is absent. E. CLOSED SESSION MOTION: Councilmember Odell moved the meeting adjourn to Closed Session. The motion was seconded by Councilmember Donnelly and unanimously carried. (4-0) Mayor Reddell announced Council is adjourning to Closed Session to consider labor relations in accordance with Government Code Section 54957.6(a), and real property negotiations in accordance with Government Code Section 54956.8. IqMINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 11, 1988 PAGE 9 The meeting adjourned to Closed Session at 8:05 p.m. and returned to regular session at 9:10 p.m. F. ADJOURNMENT MOTION: Councilmember Donnelly moved the meeting be adjourned. The motion was seconded by Councilmember Odell and unanimously carried. (4-0) The meeting adjourned at 9:10 p.m. Recorded by: i � �L61 ARDITH DAVIS City Clerk