HomeMy WebLinkAboutJanuary to JuneCity Of Morro Bay
City Council Agenda
Mission Statement
The City of Mono Bay is dedicated to the preservation and enhancement of the quality of life
which we all enjoy. We are committed to this purpose and will provide a level of municipal
service consistent and responsive to our public and its needs.
CLOSED SESSION - NNE 22, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
595 HARBOR ST., MORRO BAY, CA
E-1 GOVERNMENT CODE 54956.9(A), PENDING LITIGATION
CITY OF MORRO BAY V. CALIFORNIA COASTAL COMMISSION. CASE NOS.
120512 AND 121637, SANTA CRUZ SUPERIOR COURT
CAYUCOS SANITARY DISTRICT V. CITY OF MORRO BAY, CASE NOS. 70420
AND 71224;
CAYUCOS SANITARY DISTRICT V. CALIFORNIA COASTAL COMMISSION CASE
NO. 71030
E-2 GOVERNMENT CODE SECTION 54957, PERSONNEL
E-3 GOVERNMENT CODE SECTION 54957.6(A), LABOR RELATIONS
• REGULAR MEETING - JUNE 22, 1992
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 D) may do so at this time. When recognized by the Mayor, please
come forward to the podium and state your name and address for the record.
Comments should normally be limited to three minutes.
DECLARATION OF FUTURE AGENDA ITEMS (CITY COUNCIL)
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the
following actions are approved without discussion.
A-1 STATEMENT OF INVESTMENTS - MAY 1992
A-2 EXPENDITURE REPORT - MAY 1992
•
3 ACCEPTANCE OF RESIGNATION FROM CABLE TV FRANCHISE AND SERVICES BOARD
(McCANN)
A-4 PROCLAMATION DECLARING JULY 1992 AS "RECREATION AND PARKS MONTH"
A-5 NOTICE OF COMPLETION ON PROJECT NO. PW 91-02, RECONSTRUCTION OF SOUTH
T-PIER
A-6 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (NEHER)
A-7 RESOLUTION AWARDING BID FOR PROJECT NO. PW 90-12, CORPORATION YARD
FUEL TANK REPLACEMENT PROJECT TO B&T SERVICE STATION CONTRACTORS,
ARROYO GRANDE
A-8 STATUS REPORT ON CITY WATER SUPPLY
A-9 RESOLUTION AUTHORIZING ESTABLISHMENT OF MORRO BAY COMMUNITY
FOUNDATION, INC., FOR ACCEPTANCE OF CHARITABLE DONATIONS FOR
RECREATION AND PARKS PURPOSES
A-10 RESOLUTION ESTABLISHING AN APPROPRIATION LIMIT FOR FY 1991-1992 IN
COMPLIANCE WITH PROPOSITIONS 4 AND 111 (GANN EXPENDITURE LIMITATION)
A-11 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (DOBBS)
A-12 RESOLUTION GRANTING APPEAL AND SETTING FINDINGS APPROVING SIGN
• EXCEPTION PERMIT FOR MORRO BAY MOTEL (1100 MAIN STREET; CASE NO. SIGN
02-91)
A-13 RESOLUTION ACCEPTING LOW -INTEREST LOAN (CONTRACT NO. E54306) FROM
STATE DEPARTMENT OF WATER RESOURCES FOR CONSTRUCTION OF ON -SITE WATER
TREATMENT PLANT AT CITY WELL NO. 8 (CHORRO CREEK BASIN)
A-14 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (JAMIESON)
B. UNFINISHED BUSINESS
B-1 RESOLUTION AUTHORIZING EXTENSION OF INTERIM CURBSIDE RECYCLING
FRANCHISE AGREEMENT WITH MORRO BAY GARBAGE SERVICE FOR UP TO THREE
MONTHS
B-2 ENACTMENT OF INTERIM POLICY OF CITY COUNCIL AUTHORIZATION TO FILL
VACANT CITY EMPLOYEE POSITIONS DUE TO CITY FINANCIAL CRISIS
C. NEW BUSINESS
C-1 RESOLUTION GRANTING 20 YEAR EXTENSION OF TERM TO LEASE AGREEMENT ON
LEASE SITE 124-127W (1215 EMBARCADERO, DBA VIRG'S FISH'N)
C-2 SUB -COMMITTEE REPORT AND DETERMINATION OF PROVISION OF CITY LEGAL
0
SERVICES FOR FY 1992-1993
0. PUBLIC HEARINGS. REPORTS & APPEARANCES
D-1 ADOPTION OF RECREATION SERVICES PRICING POLICY AND DETERMINATION OF
COST RECOVERY RATES FOR RECREATION PROGRAMS IN FISCAL YEAR 1992-1993
D-2 RESOLUTION ESTABLISHING REVISED AND NEW FEES FOR SERVICES IN FISCAL
YEAR 1992-1993 (CITY MASTER FEE SCHEDULE)
D-3 ADOPTION OF CITY BUDGET FOR FISCAL YEAR 1992-1993
D-4 REPORT ON REFUSE COLLECTION SERVICE OPTIONS INCORPORATING $1 PER
ORANGE TRASH BAG PROPOSAL AND/OR 90-GALLON WASTEWHEELER SERVICE
D-5 CONSIDERATION OF ALTERNATIVE WATER RATE SCHEDULE CREATING SEPARATE
RESIDENTIAL AND COMMERCIAL WATER RATES (ENTERPRISE ENGINEERING), AND
ADOPTION OF ADJUSTED WATER RATE SCHEDULE FOR FY 1992-1993
D-6 RESOLUTION ELEVATING MANDATORY WATER CONSERVATION REQUIREMENTS FROM
LEVEL 2 - MODERATELY RESTRICTED WATER SUPPLY CONDITIONS, TO LEVEL 3
SEVERELY RESTRICTED WATER SUPPLY CONDITIONS, CAUSED BY WATER QUALITY
DETERIORATION
� • 1L�1T�IifIV
•
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
CLOSED SESSION - JUNE 22, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
Mayor Sheetz called the meeting to order at 5:15 p.m.
PRESENT: Rose Marie Sheetz Mayor
John Baker Councilmember
Ben Luna Councilmember
Susan Mullen Councilmember
Tom Wuriu Councilmember
ABSENT: None
STAFF: Gary Napper City Administrator
Judy Skousen City Attorney
E. CLOSED SESSION
E-1 GOVERNMENT CODE 54956.9(A), PENDING LITIGATION
CITY OF MORRO BAY V. CALIFORNIA COASTAL COMMISSION
CASE NOS. 120512 AND 121637, SANTA CRUZ SUPERIOR COURT
CAYUCOS SANITARY DISTRICT V. CITY OF MORRO BAY CASE
• NOS. 70420 AND 71224;
CAYUCOS SANITARY DISTRICT V. CALIFORNIA COASTAL COMMIS-
SION. CASE NO. 71030
E-2 GOVERNMENT CODE SECTION 54957, PERSONNEL
E-3 GOVERNMENT CODE SECTION 54957.6(A), LABOR RELATIONS
MOTION: Councilmember Wuriu moved the meeting be adjourned to
Closed Session. The motion was seconded by Councilmem-
ber Baker and unanimously carried. (5-0)
Mayor Sheetz read the Closed Session statement.
The meeting adjourned to Closed Session at 5:15 p.m. and returned
to regular session at 6:04 p.m.
MOTION: Councilmember Baker moved the meeting be adjourned.
The motion was seconded by Councilmember Wuriu and
unanimously carried. (5-0)
The meeting adjourned at 6:04 p.m.
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 22, 1992
PAGE 2
• MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 22, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Sheetz called the meeting to order at 6:11 p.m.
:MA_ i-
PRESENT: Rose Marie Sheetz
John Baker
Ben Luna
Susan Mullen
Tom Wuriu
ABSENT: None
STAFF: Gary Napper
Judy Skousen
Rick Algert
Bill Boucher
Louise Burt
Ardith Davis
Don Funk
• Forrest Henderson
Joe Loven
Jeff Jones
Steve Wolter
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
City Attorney
Harbor Director
Acting PW Dir.
Finance Director
City Clerk
Interim Comm.Dev
Dir.
Asst. City Admin.
Acting Police Chief
Fire Chief
Rec. & Parks Dir.
Bruce Curtis of the Morro Bay Four Square Gospel Church gave the
invocation, and Horace Strong led the Pledge of Allegiance.
Mayor Sheetz announced Public Comment will taken until 6:30 p.m.,
after which Council will proceed with the agenda.
1. Ann Freeman, 785 Cabrillo Place, objected to applicants
providing written matter to Council at the time they speak. She
stated the public has not had an opportunity to review the infor-
mation. She suggested a policy whereby any additional items
after the agenda packet comes out be reviewed by the City Admin-
istrator for a determination if the information is too complex
for Council to consider the same evening. If so, the agenda item
and submitted material should not be considered until the next
meeting.
2. Mary Phillips, 2645 Ironwood, gave the Mayor and Coun-
cilmembers a copy of a receipt she returned to Morro Bay Garbage
Service in order to refuse the money donated for her garbage bill
• and give it back to the person who paid for it. She said she
appreciates the thought, but does not need the money; she has
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 22, 1992
PAGE 3
• money to pay her garbage bill, but objects to paying for some-
thing she does not use. She recycles everything she can.
3. John Linhares addressed Item B-2 on the agenda (interim
policy requiring City Council approval to fill vacant positions).
He stated he agrees with the policy; however, believes it does
not go far enough. There should be a 100% hiring freeze across
the City, including the Public Works and Community Development
Director positions currently vacant.
4. Charles Palmer, 485 Estero, complained Morro Bay Blvd.
and Morro Avenue streets have been under construction for seven
weeks. He understands the job was not done properly by the con-
tractor; there should be a penalty clause in the contract for not
finishing by the required date. There was loss of revenue to the
City from sales and bed taxes because of the delays.
1. Councilmember Mullen requested an item be agendized, as
requested by Ms. Freeman, to consider rejecting written materials
that are delivered late to Council. Ms. Skousen stated although
Council cannot prohibit people from giving them written material,
they can establish a policy that anything coming in after a cer-
tain time will not be considered at the meeting. Under Public
• Hearings, Council is required to receive written and hear verbal
comments.
2. Councilmember Mullen asked what is happening with the
Morro Bay Blvd./Main Street street project? Mr. Boucher
explained the difficulties experienced and said the contractor is
re -doing items that did not meet specifications. Councilmember
Wuriu asked if the project will be done by the 4th of July? Mr.
Boucher stated absolutely.
3. Councilmember Luna referenced Mr. Ewing's comments at
the last meeting regarding Spanish-speaking staff at City Hall,
and asked if the City makes efforts to maintain same? Mr. Napper
stated Susan Parks, City Hall Finance Department employee, speaks
Spanish, as do some personnel at the Police Department.
4. Councilmember Wuriu questioned the City's procedures in
advertising bids locally for the City's office supplies. Mr.
Napper stated the City is interested in getting the lowest cost
possible on supplies. In the past this has been done informally;
however, the City has also used a formal bid process. There is
no specific policy. Councilmember Wuriu asked how the vendor was
selected for the Recreation and Parks new brochure? Mr. Wolter
stated local printers were contacted; however, either they could
not meet the specifications or could not match the low bidder.
r]
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 22, 1992
PAGE 4
• A. CONSENT CALENDAR
A-1 STATEMENT OF INVESTMENTS - MAY 1992
Mr. Napper recommended Council receive the report for file.
A-2 EXPENDITURE REPORT - MAY 1992
Mr. Napper recommended Council approve the Expenditure Report as
submitted.
A-3 ACCEPTANCE OF RESIGNATION FROM CABLE TV FRANCHISE AND SER-
VICES BOARD (MCCANN)
Mr. Napper recommended Council accept Mr. McCann's resignation
from the TV Board, and authorize staff to advertise the two
vacancies on the Board.
A-4 PROCLAMATION DECLARING JULY 1992 AS "RECREATION AND PARKS
MONTH„
Mr. Napper recommended Council authorize the Mayor to sign the
Proclamation.
A-5 RESOLUTION NO 78-92 ACCEPTING PROJECT NO PW 91-02 RECON-
STRUCTION OF SOUTH T-PIER AS COMPLETE AND AUTHORIZING FIL-
ING OF THE NOTICE OF COMPLETION
Mr. Napper recommended Council adopt Resolution No. 78-92.
A-6 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (NEHER)
Mr. Napper recommended Council deny the claim, and authorize the
City Clerk to sign and mail the rejection notice.
A-7 RESOLUTION NO 66-92 AWARDING BID FOR PROJECT NO PW 90-12
CORPORATION YARD FUEL TANK REPLACEMENT PROJECT TO B&T SER-
VICE STATION CONTRACTORS ARROYO GRANDE
Mr. Napper recommended Council adopt Resolution No. 66-92.
A-8 STATUS REPORT ON CITY WATER SUPPLY
Mr. Napper recommended Council accept the report for file.
A-9 APPROVAL OF ESTABLISHING MORRO BAY COMMUNITY FOUNDATION
INC FOR ACCEPTANCE OF CHARITABLE DONATIONS FOR RECREATION
AND PARKS PURPOSES
Mr. Napper recommended Council authorize staff to proceed with
the establishment of a 501(C)3 charity for recreation and parks
Is
services purposes.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 22, 1992
PAGE 5
• A-10 RESOLUTION NO 79-92 ESTABLISHING AN APPROPRIATION LIMIT FOR
FY 1991-1992 IN COMPLIANCE WITH PROPOSITIONS 4 AND 111 (GANN
EXPENDITURE LIMITATION)
Mr. Napper recommended Council adopt Resolution No. 79-92.
A-11
REJECTION
OF LIABILITY
CLAIM
AGAINST
THE CITY
(DOBBS)
Mr.
Napper
recommended
Council
deny
the claim, and
authorize
the
City
Clerk
to sign and
mail the
rejection notice.
A-12
RESOLUTION
NO 64-92
GRANTING
APPEAL AND SETTING
FINDINGS
APPROVING SIGN EXCEPTION
PERMIT
FOR MORRO BAY
MOTEL (1100
MAIN
STREET• CASE
NO SIGN
02-91)
Mr.
Napper
recommended
Council
adopt
Resolution No.
64-92.
A-13
RESOLUTION
NO 77-92
ACCEPTING
LOW -INTEREST LOAN
(CONTRACT
NO E54306)
FROM
STATE DEPARTMENT
OF WATER
RESOURCES
FOR
CONSTRUCTION
OF ON
-SITE WATER
TREATMENT PLANT
AT CITY
WELL
NO. 8
(CHORRO CREEK
BASIN)
Mr.
Napper
recommended
Council
adopt
Resolution No.
77-92.
A-14
REJECTION
OF LIABILITY
CLAIM
AGAINST
THE CITY
(JAMIESON)
• Mr.
Napper
recommended
Council
deny
the claim, and
authorize
the
City
Clerk
to sign and
mail the
rejection notice.
Councilmember Luna requested Item A-9 be pulled for separate dis-
cussion; Councilmember Baker requested Items A-11 and A-14 be
pulled; and Councilmember Mullen requested Item A-13 be pulled.
A-9 APPROVAL OF ESTABLISHING MORRO BAY COMMUNITY FOUNDATION
INC FOR ACCEPTANCE OF CHARITABLE DONATIONS FOR RECREATION
AND PARKS PURPOSES
Councilmember Luna asked if other cities utilize this approach?
Mr. Wolter stated yes, noting Atascadero has a Friends of the Zoo
foundation, and this will be similar to the Friends of the
Library.
Councilmember Luna asked how much time it will take to organize?
Mr. Wolter stated the Finance Director is already in charge of
several trust funds for the City, and the records will be kept
with her.
A-11 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (DOBBS)
A-14 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (JAMIESON)
Councilmember Baker said the City has had similar claims in the
• past, and suggested the City take responsibility for these. It
seems the City should be nicer and perhaps pay the damages. Ms.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 22, 1992
PAGE 6
• Skousen suggested any discussion as to whether the City is liable
or not should take place in Closed Session.
A-13 RESOLUTION 77-92 ACCEPTING LOW -INTEREST LOAN (CONTRACT NO.
E54306) FROM STATE DEPARTMENT OF WATER RESOURCES FOR CON-
Councilmember Mullen asked if the City still has the ability to
expand this project for State Water or Whale Rock Exchange, or
are we stuck with this 0.6 mgd sized treatment plant? Mr.
Boucher stated Council direction last fall was to concentrate on
treatment of Well No. 8 and provide for a facility that is
expandable. He noted the State Water Resources Control Board may
be on edge because Morro Bay has changed the project for these
monies several times. He believes the City should proceed at
this point.
MOTION: Councilmember Luna moved for the approval of the Con-
sent Calendar. The motion was seconded by Councilmem-
ber Baker and unanimously carried. (5-0)
B. UNFINISHED BUSINESS
B-1 RESOLUTION NO 72-92 AUTHORIZING EXTENSION OF INTERIM CURB-
SIDE RECYCLING FRANCHISE AGREEMENT WITH MORRO BAY GARBAGE
SERVICE FOR UP TO THREE MONTHS
Councilmember Mullen stepped down from consideration of this item
due to a conflict of interest.
Mr. Upton stated due to other workload priorities, it was not
possible to complete and advertise the RFP for recycling services
before the current contract with Morro Bay Garbage Service
expires on 30 June 1992. He requested Council approve an exten-
sion agreement to September 30th.
Councilmember Luna asked when the RFP process will be completed?
Mr. Upton stated he expected to make a recommendation for Council
to award the contract at their meeting of August loth. Coun-
cilmember Luna asked when the RFP will go out? Mr. Upton stated
next week.
Councilmember Wuriu asked how many companies will be sent an RFP?
Mr. Upton responded RFP's will be sent to the garbage service
companies in the County as well as known recycling companies.
MOTION: Councilmember Luna moved for the adoption of Resolution
No. 72-92. The motion was seconded by Councilmember
Wuriu and carried with Councilmember Mullen abstaining.
(4-0-1)
• Councilmember Mullen returned to her seat.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 22, 1992
PAGE 7
• B-2 ENACTMENT OF INTERIM POLICY OF CITY COUNCIL AUTHORIZATION TO
FILL VACANT CITY EMPLOYEE POSITIONS DUE TO CITY FINANCIAL
CRISIS
Mr. Napper proposed Council enact a temporary hiring freeze to
not fill vacant positions in the City unless authorized by Coun-
cil. He noted the current budget constraints as well as addi-
tional anticipated cuts by the State budget deficit.
Councilmember Mullen favored a full hiring freeze, except for
health and safety reasons, on all City positions. She does not
see the need for bringing every position to Council for a deter-
mination. She said Council has a tendency to be lenient in these
matters and, if a policy freezing all vacant positions was
enacted, Council will not be placed in the position of having to
decide which job has more merit than another.
Mr. Napper stated he will do the initial screening and does not
anticipate Council will have to make a determination on many
positions. However, if a Department Head or employee wishes to
lobby a councilmember concerning a position, they should be
allowed to do so.
Councilmember Mullen asked if Mr. Napper still believes it is
necessary to hire a Public Works Director in view of the State
• budget situation? Mr. Napper stated yes. He noted Council has
previously authorized filling both the Public Works/City Engineer
and Community Development Directors.
MOTION: Councilmember Baker moved Council adopt an interim City
policy of a "conditional hiring freeze" on all perma-
nent employee positions contained in the FY 1992-1993
City Budget. The motion was seconded by Councilmember
Wuriu and unanimously carried. (5-0)
Mayor Sheetz stated since it is 7:00 p.m., Council will now con-
sider public hearing items.
D. PUBLIC HEARINGS REPORTS & APPEARANCES
D-1 RESOLUTION NO 74-92 ADOPTING RECREATION SERVICES PRICING
POLICY AND DETERMINATION OF COST RECOVERY RATES FOR RECRE-
ATION PROGRAMS IN FISCAL YEAR 1992-1993
Mr. Wolter stated since January 1992, the City Council and the
Recreation and Parks Commission have been studying the recreation
services fee pricing policy and cost recovery programs. The
result of those meetings and direction to staff is Resolution No.
74-92 which puts into effect a new Council policy to obtain a 75%
cost recovery of expenses.
• Mayor Sheetz opened the hearing to the public for comments; there
were no comments, and the hearing was closed.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 22, 1992
PAGE 8
• MOTION: Councilmember Luna moved for the adoption of Resolution
No. 74-92. The motion was seconded by Councilmember
Mullen and unanimously carried. (5-0)
D-2 RESOLUTION NO 80 92 ESTABLISHING REVISED AND NEW FEES FOR
SERVICES IN FISCAL YEAR 1992 1993 (CITY MASTER FEE SCHEDULEI
Ms. Burt stated adoption of the Master Fee Schedule for FY 1992-
93 is an annual process to increase City fees by the yearly
change in the CPI. This year, the Index increased by 4.2% and
fees have been increased accordingly. Every five years, staff
reevaluates the costs charged for services to make sure they are
justified. She noted the most significant change this year is
new charges for Fire Department services.
Fire Chief Jones reviewed the proposed charges and their justifi-
cation. There was discussion regarding the charge for fire
department response reports. Council wanted to know why each
person requesting a copy of the report will be charged $23 when
$23 represents the City's total costs in generating the report?
Chief Jones stated the figure is based on the actual time it
takes to investigate and prepare the report; he noted anyone can
review the report at no cost. He said the Fire Department
receives only one or two requests for such report.
• Councilmember Baker asked various questions concerning the fees
to which Chief Jones responded.
Councilmember Luna asked if the 150 per copy fee is too high?
Ms. Burt stated it represents what it costs for the copy and the
employee time to do the copying. She said a number of City docu-
ments are in the Library which has a copy machine whereby indi-
viduals can make copies for 100 per copy. Also, the City often
loans documents out so people can copy them at the copying center
at less cost.
Mayor Sheetz opened the hearing to the public for comments.
Ed Biaggini, 456 Embarcadero, supported the fire inspection fee
for fire sprinklers. He said the inspections are required every
five years and can amount to a considerable expense. Chief Jones
explained the procedure noting the motels may realize a savings
from having to hire outside inspectors.
Mr. Biaggini also suggested the City have someone on staff quali-
fied to inspect other items such as back -flow prevention devices,
jacuzzis in motels, and elevators. This will save business' from
hiring people out-of-town to perform the service, and generate
revenue for the City.
• Mayor Sheetz closed the hearing to the public.
Councilmember Mullen stated she received a letter from a physical
therapist outlining the prohibitive City charges for moving his
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 22, 1992
PAGE 9
• office from one location to another. She asked if it is possible
to give preference to business owners currently in town moving
from one location to another. Ms. Skousen stated she will have
to research the matter. Mr. Napper'noted Dr. Dover, the physical
therapist Councilmember Mullen is referring to, is bearing the
increased costs because he is expanding his business and needs
the additional water equivalency.
Councilmember Wuriu asked if the City compares its fee schedule
with what other cities in the County charge? Mr. Napper stated
it can be done, but the fee schedule is required to recover City
time and expenses which may differ from those of other cities.
MOTION: Councilmember Wuriu moved for the adoption of Resolu-
tion No. 80-92. The motion was seconded by Councilmem-
ber Baker and unanimously carried. (5-0)
D-3 RESOLUTION NO 75-92 ADOPTING A CITY BUDGET FOR FISCAL YEAR
1992-1993 AND MAKING APPROPRIATIONS FOR FISCAL YEAR 1992-93
Mr. Napper summarized the changes made by Council during the bud-
get workshop sessions. He noted Council restored $320,474 in
public services using one-time capital project monies. The final
Budget amounts to $8.56 million offset by $8.25 million in rev-
enues. The proposed resolution also sets the appropriation lim-
its for expenditure of tax proceeds.
Councilmember Wuriu asked what happens if Council approves the
budget and, in two weeks, learns the State has cut funding to the
City another $400,000? Mr. Napper stated in that case, he will
bring the budget back to Council with recommendations on how to
address the situation. He noted the $335,000 to $350,000 the
City may receive in PERS rebate which could compensate for addi-
tional cuts from the State; however, he stated these will again
be one-time monies only to help us get through one more year.
Councilmember Baker asked if there has been meetings with employ-
ees regarding the "golden handshake" proposal for early retire-
ment? Mr. Napper stated yes, Mr. Henderson and Ms. Burt have met
with those who are interested in the program.
Councilmember Mullen requested Exhibit A of the budget be amended
to include the deletion of insurance monies to pay for her medi-
cal insurance since she has cancelled her policy.
Councilmember Luna asked if the Budget Task Force Committee is
still meeting? Mr. Napper stated not since their recommendations
to Council on this budget. They will start meeting again in July
1992.
Mayor Sheetz opened the hearing to the public for comments.
• John Linhares indicated meetings are being held regarding
employee early retirements.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 22, 1992
PAGE 10
• Mary Phillips, Ironwood Ave
Dial -A -Ride service; she bel
include evenings so seniors
such as restaurants, will
seniors. She also suggested
town and charge them.
,, objected to the cut -backs in the
Neves the hours should be expanded to
can get out. She said businesses,
benefit by increased sales to the
Council let RVs park in areas around
Ed Biaggini agreed with the concept of charging campers for stay-
ing on the waterfront as a source of revenue. He also said the
City needs to keep the Embarcadero clean and is concerned cutting
services will impact trash pick-up in the tourist areas. The
City should try to get services organizations to pick up the
slack. Mayor Sheetz suggested Mr. Biaggini mobilize a group for
this purpose.
Mayor Sheetz closed the hearing to the public.
MOTION: Councilmember Mullen moved for the adoption of Resolu-
tion No. 75-92. The motion was seconded by Councilmem-
ber Wuriu.
Councilmember Luna stated the City requires a continuous plan to
deal with the budget situation; Council cannot just sign -off on
the budget and expect the deficit to go away. He requested Coun-
cil be kept informed of the Budget Task Force meetings and their
results.
Councilmember Mullen stated the City needs a five-year rolling
budget for long-term planning.
Councilmember Mullen amended her motion to include the
deletion of her medical policy expenses from the bud-
get. The amendment was accepted by Councilmember Wuriu
and the motion was unanimously carried. (5-0)
Council recessed from 8:02 p.m. to 8:15 p.m.
D-4 REPORT ON REFUSE COLLECTION SERVICE OPTIONS INCORPORATING $1
PER ORANGE TRASH BAG PROPOSAL AND/OR 90-GALLON WASTEWHEELER
SERVICE
Mr. Boucher stated this item returns to Council with additional
options to include the $1/bag proposal as requested by Council.
He noted the Solid Waste Management Board has reviewed this item
and makes no recommendation to Council; he assumes their original
recommendation to make no changes in the current program still
stands.
Tom Martin, representing Morro Bay Garbage Service, stated if
Council adopts the $1/bag program, he strongly recommends they
• include a $2/month service charge in order to keep track of the
customers. He reiterated he has a bottom line to produce a cer-
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 22, 1992
PAGE 11
• tain amount of money, and Council can set up whatever rate sched-
ule they wish.
Mr. Martin distributed photos to Council graphically illustrating
what can happen on the annual clean-up day if Council adopts the
$1/bag service; some people save their junk up for that one time
a year. The photos were taken during a recent annual clean-up
day in San Luis Obispo; some places had more than 100 bags to be
picked up.
Mayor Sheetz said people who create the garbage should pay for
it. She asked if standard service customers will be subsidizing
those who use the $1/bag program? Mr. Martin stated yes; $1/bag
does not come close to covering the true cost of service to that
customer. If everyone in the City was on bag service, it would
cost more than $1/bag.
Councilmember Mullen asked what Mr. Martin thought of a 4-can
standard service? Mr. Martin stated the current 6-can service
was arbitrarily selected; the average customer uses 2� to 3 cans
per week.
Councilmember Luna asked how often Mr. Martin sees abuses such as
those in San Luis Obispo recently? Mr. Martin stated every
spring clean-up week.
• Councilmember Luna asked if there has been increased illegal
dumping since San Luis Obispo incorporated the $1/bag program?
Mr. Martin stated yes; he had to lock approximately 20 large con-
tainers to prevent illegal dumping.
Councilmember Wuriu asked if a reduction of 6-can service to 4-
can service will save his company money? Mr. Martin stated no.
Councilmember Wuriu asked if the program is popular in San Luis
Obispo? Mr. Martin stated yes, approximately 35% of his cus-
tomers are on the bag program. He believes it will be even more
popular in Morro Bay.
Councilmember Wuriu asked if the proposed rates include his
request for an increase? Mr. Martin stated yes; he is requesting
a 16.5% operating increase.
Mayor Sheetz opened the hearing to the public for comments.
Mary Phillips state she has been hauling her own garbage for 10
years and does not intend to pay for something she does not use.
She said the $1/bag program gives people an incentive to reduce
their waste which reduces the trips to the dump.
Charles Palmer, 485 Estero Ave., stated the bags may not be
• strong enough to contain yard clippings.
B Rohan, 2501 Elm Ave., discussed compost piles.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 22, 1992
PAGE 12
• John Lemons, 419 Shasta Ave., stated not everyone who subscribes
to the 6-can service is a garbage generator; many do recycle. He
has no objection to the bag program except insofar as it is sub-
sidized by the standard users.
Charlie Cattaneo, owner of Morro Bay Garbage Service Co., stated
the $1/bag service is for households with only one or two people.
A service charge is needed to track people. He said if Council
wants garbage all over the street, then they should use the bag
system. Whether 4-can or 6-can service is determined makes no
difference. He stated people are recycling, and the amount of
garbage going to the dump has reduced.
Mayor Sheetz closed the hearing to the public.
Councilmember Mullen stated she favors volume based rates.
MOTION: Councilmember Mullen moved Council adopt the first
option presented by staff in the staff report for a
$1/bag service including a $1 service charge, retaining
the existing 2-tier system and rate differential, and
reducing standard service to 4 cans. The motion was
seconded by Councilmember Luna.
isCouncilmember Luna asked if standard service is reduced to 4
cans, can people still purchase the bags if they have more
garbage? Mr. Martin stated anyone can purchase additional bags.
Councilmember Luna asked how much the standard service customers
are subsidizing the $1/bag customers in San Luis Obispo? Mr.
Martin stated by approximately $7/month.
Mayor Sheetz asked what the increase in landfill fees will mean
to customers? Mr. Martin stated if fees go up $10/ton, fees will
increase by 11%. He stated if Council is changing their program
at this time including the increase in garbage service fees, he
would like then to also include the landfill increase. This will
save having to notify customers all over again in the Fall when
the landfill increase goes into effect.
Councilmember Wuriu asked about Mr. Martin's recommendation to
review the program in six months. Mr. Martin said he will bring
a status report to Council at that time so they can evaluate the
effectiveness of the $1/bag program.
Councilmember Baker stated the $1/bag should be tied to a life-
line program so only those on low -incomes will benefit. Coun-
cilmember Mullen stated the purpose of the bag system is to
institute volume -based rates and reduce trash. If Council also
wants a separate life -line policy also, she has no objection.
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 22, 1992
PAGE 13
• The motion carried on the following vote:
AYES: Luna, Mullen, Wuriu, Sheetz
NOES: Baker
Ms. Burt stated this item is returned to Council with additional
information as requested. She stated the water sold in 1990-91
was 1315 acre feet, and staff proposes a 25% rate increase in
order to bring in enough revenue to support the water budget.
Mr. Palmer proposes two schedules: one designed to generate
$1,750,000 in revenue and the other $2 million. She explained
4,523 Morro Bay customers would receive a lower increase using
the City's schedule instead of Enterprise Engineering's; Mr.
Palmer's schedule results in seven customers paying less for
water than by using the staff rate schedule.
Councilmember Mullen said the City's schedule institutes a rate
based on selling 1013 of of water which means we have to pump
1550 of given the water quality problems we are having.
• Mayor Sheetz opened the hearing to the public.
Charles Palmer stated on Tuesday of last week, he presented the
City with several other rate schedules; they have not been
included in the packet. He stated the City's figures do not take
into consideration the 300 to 350 acre feet of water lost to
farmers. He maintained the City's consumption is not going to
generate the revenue planned by Ms. Burt's figures.
Councilmember Mullen asked Mr. Palmer to explain the concept of
splitting residential and business rates. Mr. Palmer stated
businesses in the City use 42.6% of the water and generate 50.9%
of the revenue. The City's schedule gives very little incentive
for the customer to conserve. The extra charge some customers
would pay in his schedule is small compared to City costs to high
water users.
Councilmember Mullen stated basically the difference between the
city's rate increase and Mr. Palmer's is Mr. Palmer's is based on
current consumption over the last twelve months, while the City's
proposal assumes the community's consumption will be what it was
in 1991-92.
Mr. Palmer stated if Council turns down his offer tonight, all
other offers of free service are withdrawn.
• Mary Phillips stated if the City is having problems with water,
it is because it pumped water through the reverse osmosis plant.
The City pumps 3 of and gets 2 of to the customer; 1 of goes into
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 22, 1992
PAGE 14
is the ocean. If people use their own RO process, the water goes
through the meter and the City is paid for it.
Jim Warden, Central Coast Seafoods, Embarcadero, stated he is
concerned about any increased costs in operating his seafood pro-
cessing plant. He requested his industry be given relief from
this increase. He supported a split arrangement between business
and residential. Mr. Warden stated in 1990-91 they made an
effort to conserve and cut consumption from 350 units per month
in 1988 and 1989 to 117 units in 1990-91, The cut -back cost the
company a tremendous expense; using salt water is hard on the
machinery.
Cathy Cordero, representing Cordero/Winston seafood processing,
also requested special consideration for increases to fish pro-
cessing plants. She stated they are on the threshold now of
expenses exceeding revenue.
Mike DeGarimore, owner of Central Coast Seafoods, agreed with Ms.
Cordero, stated they have done everything they can to conserve
and are now paying more money for half as much water. He said he
has moved 60% of his business to Atascadero, and hopes he does
not have to move the other 40% there. He said it has always been
Council policy to support the commercial fishing industry; he
requested Council freeze the water rates for fish processing
• plants.
Ed Biaggini stated what happened two years ago is happening all
over again; people conserve and the rates double.
John Lemons, 419 Shasta Ave., commented on Mr. Palmer's proposal
and stated there may be problems having different rate schedules
for residential and business users. State law says rates are to
be based on the cost of providing service. He stated Mr. Palmer
is famous in the community for advocating water rates that are
punitive so people will save water. This will become a hardship
on people who cannot afford it. Today, well levels in-Chorro
Valley are higher than they have been at any time in the last
four years. The goal of the City should be to provide services
the public cannot provide itself at the lowest cost possible. He
does not see the justification in imposing Mr. Palmer's rate
structure which will economically force the same consumption as
rationing. He noted Mr. Palmer made derogatory comments about
staff in his presentation; he reminded Council staff carries out
Council policy, they do not set it. Over the years, Mr. Palmer
has taken numerous hours of City time trying to become a consul-
tant. He hopes Council follows Ms. Burt's recommendation.
Mayor Sheetz asked if Council could put a cap on the amounts to
be charged some customers? Ms. Burt stated it could be done by
setting a $6 or $7 per unit maximum. Mayor Sheetz asked if it is
• legal to pursue this? Mr. Skousen stated yes.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 22, 1992
PAGE 15
• Councilmember Wuriu asked about the legality of different rates
between residential and commercial? Ms. Skousen stated there may
be definite legal problems with it; Council would have to make
findings to justify the difference in rates and the costs of pro-
viding services to the customer. Councilmember Mullen stated
Santa Barbara has such a schedule; is it illegal? Ms. Skousen
stated, in her opinion, yes; it was for an interim period only.
Councilmember Baker asked if Mr. Palmer's figures that 42% of the
businesses provide 59.9% of the revenue are correct, would a dif-
ference in rates be justified? Ms. Skousen stated there is a
possibility if they are accurate.
Councilmember Mullen stated she is impressed with Mr. Palmer's
figures and the massive data base he has provided to the City.
She said Mr. Palmer presented a very accurate depiction of cur-
rent water consumption and provided a rate structure that has two
slopes; a steeper one for residential and flatter one for commer-
cial. She believes there is merit to splitting commercial and
residential rates, and favors giving commercial a break.
MOTION: Councilmember Mullen moved Council seriously look at
using the Enterprise Engineering water rate structure,
limiting it to a 25% increase, and the proposal to
split the residential and commercial rates.
is Motion died for lack of a second.
Councilmember Baker stated there is almost no one, commercial or
otherwise, who would benefit from Mr. Palmer's rate schedule.
Ms. Burt stated there are seven customers who use above 314 units
per month; those include Del Mar Park and the High School. Coun-
cilmember Baker pointed out Central Coast Seafoods would be pay-
ing an additional $2 based on Mr. Palmer's schedule over the
City's proposed 25% increase.
MOTION: Councilmember Baker moved Council support the staff
report and adopt Resolution No. 81-92. The motion was
seconded by Councilmember Wuriu.
Mayor Sheetz stated she is in favor of trying to accommodate the
fish processing businesses in town. She requested the matter be
referred to the Water Advisory Board and Ms. Burt to make a rec-
ommendation on the best way to incorporate a cap on water rates.
Councilmember Luna requested Water Advisory Board also look at
the information submitted by.Mr. Palmer.
The motion carried with Councilmember Mullen voting no.
(4-1)
MOTION: Mayor Sheetz moved the Water Advisory Board review the
• possibility of putting a cap on high -end water users,
and review Mr. Palmer's suggestions. The motion was
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 22, 1992
PAGE 16
• seconded by Councilmember Baker and unanimously
carried. (5-0)
Councilmember Wuriu stated he worked with Mr. Palmer for a number
of years on the Water Advisory Board. He believes the City's
proposed schedule is basically simpler and easier to understand.
It will also have the least serious financial impact on the
largest number of people. Councilmember Mullen commented we have
not seen anything yet; wait until the State Water Project.
Mr. Napper noted a revised Resolution No. 76-92 has been provided
for Council consideration; substantial findings have been
included as a basis for entering Level 3 water conservation
measures.
Mr. Boucher gave a lengthy report on water well levels and condi-
tions; he displayed charts showing the increase in nitrate and
selenium levels which are getting close to Health Department con-
tamination limits. He stated there is an adequate quantity of
water to meet the City's demands this year; however, to minimize
• the amount of withdrawal from the Morro Basin to prevent seawater
intrusion, he recommends transferring Chorro Basin water to Morro
Basin. Also, in order to not over -burden Chorro Basin and go
over appropriation limits, he recommends Council institute the
third level of water conservation, severely restricted water sup-
ply conditions.
Councilmember Luna commented on the Water Advisory Board recom-
mendation to eliminate restrictions on days allowed to water and
how it might be perceived by outside agencies looking at what the
City is doing for conservation. Mr. Boucher stated without
active enforcement of the requirement, including weekends, there
is no teeth to the restriction. Also, the Water Advisory Board
was concerned the restriction to one or two days of watering will
result in significant spikes in water production.
Mr. Boucher reviewed the differences between the levels of water
conservation.
Councilmember Mullen stated she continues to ask for a quantifi-
cation of the different levels of conservation, and does not
understand why staff cannot provide the information. There
should be specific indicators (such as selenium, nitrate and TDS
levels) which would trigger the City going from one level of con-
servation to another. There is not much difference in conserva-
tion measures between Levels 2 and 3; it is more a statement of
• warning.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 22, 1992
PAGE 17
• Mr. Napper noted consideration was made by staff to recommend a
Level 4 water conservation program. He stated Councilmember
Mullen's quantification request was referred to the Water Advi-
sory Board, and believes their response was too many variables
are at play to propose such a recommendation. Mr. Napper said
the set of circumstances requiring staff recommendation for Level
3 conservation this year is completely different than when Level
3 was recommended previously; it is based upon water quality
problems coupled with changing standards of the State Department
of Health Services on treatment of 1,000 TDS water and selenium
and nitrate levels.
Councilmember Baker noted the staff report, in the last para-
graph, recognizes there is little difference between Levels 2 and
3, and declaring Level 3 water conservation serves more as notice
to citizens there is a potential for a water supply emergency.
Mr. Napper critiqued the differences between levels 2, 3, and 4.
Councilmember Mullen believes the levels should be quantified by
State standards for selenium, nitrate and TDS levels.
Councilmember Wuriu stated the City does have the State stan-
dards, but they change. He is in favor of moving into Level 3
water conservation.
• Mayor Sheetz opened the hearing to the public.
John Linhares, 2718 Alder and City employee, said this is the
wrong thing to do. Council is increasing water rates, and trying
to cut down in water production. The City should never have
built the reverse osmosis plant. It is important to quit pumping
in the Morro Basin.
John Lemons noted the Water Advisory Board recommendation for not
specifying water days is to take care of spiking and make it uni-
form through all levels.
Mary Phillips emphasized the need for State Water. She stated
Mayor Sheetz and Councilmember Baker should have stepped down
from consideration Item D-5 due to conflict of interest as busi-
ness owners.
Mayor Sheetz returned the matter to Council.
MOTION: Councilmember Wuriu moved for the adoption of Resolu-
tion No. 76-92. The motion was seconded by Councilmem-
ber Baker.
Councilmember Luna stated Councilmember Mullen's request for
quantifiable figures has merit. He said he is not sure, after
listening to John Linhares, whether he should have voted in favor
• of the increased water rate fee structure. He hopes the Water
Advisory Board will review Mr. Palmer's proposal and take it into
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 22, 1992
PAGE 18
• consideration. He said with regard to the desal plant, he would
not mind seeing a "For Sale" sign on it.
Councilmember Mullen stated it is schizophrenic of Council to
raise water rates 25% and base it on the sale of 1500 of of
water, and then enact increased conservation measures. She
stated she will not vote in favor of any change in water conser-
vation levels until she has quantifiable data on which to base
the decision.
The motion carried with Councilmembers Luna and Mullen
voting no. (3-2)
C. NEW BUSINESS
tym
C-1 RESOLUTION NO, 73-92 GRANTING 20 YEAR EXTENSION OF WDW, '0
ASE
i s_ _ i }. , LEASE SITE _ _ _ _ _
Mr. Algert stated the proposed Resolution extends the lease for
Lease Site 124-127/124W-127 for an additional 20 years under the
same conditions. The City attempted to negotiate a new City Mas-
ter Lease with the Tenant; however, the old County lease provides
more advantages to the lessee. The City is obligated to extend
the lease provided the lessee can prove at least $100,000 has
isbeen invested in repairs and maintenance of lease. Ms. Moore has
provided the City with substantiating information to this effect.
MOTION: Councilmember Luna moved for the adoption of Resolution
No. 73-92. The motion was seconded by Councilmember
Baker and unanimously carried. (5-0)
C-2 SUB -COMMITTEE REPORT AND DETERMINATION OF PROVISION OF CITY
LEGAL SERVICES FOR FY 1992-1993
Judy Skousen stepped down from consideration on this item due to
a conflict of interest. Mayor Sheetz asked if the City needs
someone to take her place before considering the item, and Ms.
Skousen stated no; there are no legal issues involved.
Mr. Henderson stated during budget workshop hearing, Council
formed a sub -committee consisting of Councilmembers Mullen and
Wuriu, and the Assistant City Administrator to review contract
City Attorney costs vs. full-time attorney. Mr. Henderson
reviewed the several charts provided comparing various possibili-
ties with current City Attorney office activities in other cities
in the County. The recommended options Council may consider
include retaining the status quo; hire a full-time in-house
attorney plus secretary; restrict the attorney caseload by giving
more cases to the JPA insurance; retain an *in-house part-time
attorney; or retain a minimum level of attorney services.
• Mayor Sheetz stated it is interesting to note the City of Lompoc
has three lawsuits pending, two full-time attorneys, and are hir-
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NNE 22, 1992
PAGE 19
• ing another one. Councilmember Mullen stated she is not sure
cities gave all information concerning lawsuits. Mr. Henderson
commented the focus was on full-time vs. contract attorney.
Councilmember Baker stated it appears the City is getting a lot
of work for their money from Ms. Skousen compared to other
cities.
Councilmember Luna asked how often other cities go out to bid for
their attorneys? Mayor Sheetz stated whenever someone quits.
Councilmember Wuriu stated he believes the committee concluded
costs for a full-time attorney and assistant do not favorably
compare to the current contract. Unless there is a large reduc-
tion in the workload, the City will not save a significant amount
of money. As long as the City keeps being involved in litiga-
tion, it has to be paid for.
Councilmember Mullen stated most disturbing to her was the City
pays $520,000 for legal services for one year. She said the City
was burned by hiring Tom Hookano. Council needs to decide what
it wants a city attorney to do and whether it needs two attorneys
working on the same case at a cost of $130 per hour. She said
the sub -committee did not get into the quality of opinions it
gets from the City Attorney, and its decisions which expose the
• City to more lawsuits. She requested this matter be brought back
at a future date earlier in the evening. There is significant
information to discuss.
MOTION: Councilmember Mullen moved the matter return at the
next meeting for further discussion. The motion was
seconded by Councilmember Luna and carried with Coun-
cilmember Baker and Mayor Sheetz voting no. (3-2)
Mayor Sheetz announced that Council, in Closed Session, voted to
retain Judy Skousen as City Attorney for another one year period
beginning July 1992 under her current contract.
F.
MOTION: Councilmember Mullen moved the meeting be adjourned.
The motion was seconded by Councilmember Luna and unan-
imously carried. (5-0)
The meeting adjourned at 10:54 p.m.
Recorded by:
• ARDITH DAVIS
City Clerk
a
•
0
MINUTES - MORRO BAY CITY COUNCIL/
CAYUCOS SANITARY DISTRICT
•JOINT POWER AUTHORITY MEETING - JUNE 18, 1992
MORRO BAY LIBRARY, COMMUNITY ROOM - 7:00 P.M.
Mayor Sheetz called the meeting to order at 7:00 p.m.
ROLL CALL
MORRO BAY CITY COUNCIL:
PRESENT: Rose Marie Sheetz
Mayor
John Baker
Councilmember
Ben Luna
Councilmember
Susan Mullen
Councilmember
Tom Wuriu
Councilmember
ABSENT: None
CAYUCOS SANITARY DISTRICT
PRESENT: None
ABSENT: P. Terry Schubert
President
Robert Enns
Vice President
George Craig
Director
R. Evan Dill
Director
• P. Hutchinson
Director
STAFF: Gary Napper
City Administrator
Judy Skousen
City Attorney
Bill Boucher
Acting PW Dir.
Louise Burt
Finance Director
PUBLIC COMMENT
Iz0iF
F
The Morro Bay City Council adjourned the meeting since no members of
the Cayucos Sanitary District Board of Directors were present to con-
sider the agenda and conduct business.
MOTION: Councilmember Mullen moved the meeting be adjourned. The
motion was seconded by Councilmember Baker and unanimously
carried. (5-0)
MINUTES - MORRO BAY CITY COUNCIL
ADJOURNED REGULAR MEETING - JUNE 18, 1992
• MORRO BAY LIBRARY COMMUNITY ROOM - 7:00 P.M.
Mayor Sheetz called the meeting to order at 7:02 p.m.
I Z♦IiY it�l�
PRESENT: Rose Marie Sheetz
John Baker
Ben Luna
Susan Mullen
Tom Wuriu
ABSENT: None
STAFF: Gary Napper
Judy Skousen
Bill Boucher
Louise Burt
David Hunt
E. CLOSED SESSION
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
City Attorney
Acting PW Dir.
Finance Director
Special Legal Counsel
E-1 GOVERNMENT
♦
CODE
CITY OF MORRO
G54956 9(A)
BAY V.
PENDING LITIGATION
CALIFORNIA
COASTAL COMMISSION, CASE
NOS. 120512
AND 121637;
♦
CAYUCOS SANITARY
DISTRICT
V. CITY
OF MORRO BAY, CASE NOS.
•
70420 AND 71224;
♦
CAYUCOS SANITARY
DISTRICT
V. CALIFORNIA
COASTAL COMMISSION,
CASE NO. 71030 ALL PENDING IN SAN LUIS OBISPO SUPERIOR COURT
MOTION: Councilmember Mullen moved the meeting be adjourned to
Closed Session. The motion was seconded by Councilmember
Wuriu and unanimously carried. (5-0)
Mayor Sheetz read the Closed Session statement.
The meeting adjourned to Closed Session at 7:02 p.m. and returned to
regular session at 8:11 p.m.
F
MOTION: Councilmember Wuriu moved the meeting be adjourned. The
motion was seconded by Councilmember Mullen and unanimously
carried. (5-0)
The meeting adjourned at 8:11 p.m.
Recorded
Aft
MW GARY NAP ER
Deputy City Clerk
1�1
40
City Of Morro Bay
• City Council Agenda
Mission Statement
The City of Mono Bay is dedicated to the preservation and enhancement of the quality of life
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 - JUNE 17, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF 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 Hearings items under
Section D) may do so at this time. When recognized by the Mayor, please
come forward to the podium and state your name and address for the record.
Comments should normally be limited to three minutes.
C-2 COUNCILMEMBER REQUEST FOR AMENDMENT TO RULES AND PROCEDURES GOVERNING
CITY COUNCIL MEETINGS FOR VOTE ON CONTINUATION OF MEETING AFTER 11PM
(RESOLUTION NO. 69-92)
PUBLIC HEARINGS REPORTS & APPEARANCES
D-4 CONSIDERATION OF CITY POSITION ON SAN LUIS OBISPO COUNTY NATURAL AREAS
PLAN
D-6 ORDINANCE NO. 418 AMENDING §17.49 AND 17.50 OF THE MORRO BAY MUNICIPAL
CODE TO INCORPORATE STATE REQUIREMENTS CONCERNING THE PROTECTION AND
CONSTRUCTION OF AFFORDABLE HOUSING STOCK (INTRODUCTION/FIRST READING;
CASE NO-. ZOA 04-91)
D-7 HEARING AND RESOLUTION NO. 65-92 AMENDING VISUAL RESOURCES AND SCENIC
HIGHWAY ELEMENT OF THE CITY GENERAL PLAN AND LOCAL COASTAL PROGRAM/
LAND USE PLAN SETTING NEW CRITERIA LIMITING DEVELOPMENT ON RIDGE LINES
AND SLOPES IN UNDEVELOPED SCENIC AREAS (CASE NO. GPA/LCP 02-91)
D-8 CONTINUED HEARING AND RESOLUTION NO. 68-92 APPROVING AMENDMENT TO
CONCEPT PLAN FOR A SHOPPING CENTER (WILLIAMS MORRO BAY CREEKSIDE
CENTER), AND APPROVING FINAL ENVIRONMENTAL IMPACT ADDENDUM REPORT
(CASE NO. CUP 03-88/MAJOR AMENDMENT CONCEPT PLAN)
F. ADJO
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.
I
E
•
MINUTES - MORRO BAY CITY COUNCIL
ADJOURNED REGULAR MEETING - JUNE 17, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Sheetz called the meeting to order at 6:02 p.m.
PRESENT: Rose Marie Sheetz
Mayor
John Baker
Councilmember
Ben Luna
Councilmember
Susan Mullen
Councilmember
Tom Wuriu
Councilmember
ABSENT: None
STAFF: Gary Napper
Forrest Henderson
Judy Skousen
Don Funk
PUBLIC COMMENT
City Administrator
Asst. City Adm.
City Attorney
Acting Comm. Dev.
Director
1. Warren Dorn, representing Morro Bay Beautiful, thanked the
City and commended Odiel Van Heuver (Van), volunteer at the
Police Department, and Sandi Ford, Code Enforcement Officer,
for cleaning up West Street.
2. Nelson Sullivan referred to tax revenues the City receives
from Sonic. These monies are derived from customer billing
and he did not feel this was fair. He said for the $20,000-
$25,000 the City receives, it could televise City Council
meetings. He said taping of the meetings will be done by
citizens in the future.
3. Roger Ewing, noted there is an increase in the Latin
Community in Morro Bay, and he is concerned there is no one
in the City organization who speaks Spanish to assist them.
C. NEW BUSINESS
C-2 COUNCIL•MEMBER REQUEST FOR AMENDMENT TO RULES AND PROCEDURES
GOVERNING CITY COUNCIL MEETINGS FOR VOTE ON CONTINUATION OF
MEETING AFTER 11PM (RESOLUTION NO. 69-92)
Mayor Sheetz asked Councilmember Wuriu to present this item as he
had introduced the subject.
Councilmember Wuriu said there is often a lot of agenda material
to read and if all the items have not been covered by 11:00 p.m.,
he is not sure Council will make beneficial decisions, after that
hour, especially if they had closed session at 5:00 p.m. and went
immediately into their regular meeting at 6:00 p.m.
1
MOTION: Councilmember Wuriu moved Resolution No. 69-92 amending
. Rules and Procedures Governing City Council meetings be
accepted. The motion was seconded by Councilmember
Luna and unanimously carried. (5-0)
D. PUBLIC HEARINGS. REPORTS & APPEARANCES
D-4 CONSIDERATION OF CITY POSITION ON SAN LUIS OBISPO COUNTY
NATURAL AREAS PLAN
Mr. Napper presented this report briefly outlining the plan
released by the County Parks Division of the General Services
Department. He asked City Council if they would like to present
ideas.
Councilmember Luna questioned lands not under County juris-
diction and asked why are they being looked at now given the
current money situation? Mr. Napper said he could not respond to
Councilmember Luna's question as to why the report addressed
Bureau of Land Management lands.
Councilmember Baker noted that Ecological Preserves and lands
privately owned are involved here. Mr. Napper responded that is
correct, and landowner cooperation is needed to preserve valuable
and sensitive natural areas or obtain easements.
• Mayor Sheetz opened the hearing to the public for comments.
There was no public comment, so Mayor Sheetz returned the item to
Council.
•
Councilmember Mullen was in favor of the City supporting the
plan, saying it would be nice to see a "green belt" around Morro
Bay.
Councilmember Baker agreed with Councilmember Mullen, although
the County needs to work with private land owners; he would not
like to see any private land "taken".
Councilmember Luna talked about trails across private lands to
public lands. He said there should be more emphasis on
designating these trails. He felt this project needs to work
with CDF so that in case of fire these trails could be used as
fire breaks.
The Elfin Forest, the Seven Sisters, and E1 Chorro Park, were
specifically mentioned for Council support. Councilmember
Mullen asked Councilmember Luna about the Master Trails program
and the acquisition of lands and if this group could work with
San Luis Obispo County regarding this plan?
2
MOTION: Councilmember Baker moved that Council authorize the
• Mayor to inform the County Board of Supervisors of
Morro Bay's support of the Plan. The motion was
seconded by Councilmember Mullen and unanimously
carried. (5-0)
Don Funk provided the staff report and recommended City Council
approve §17.49 and §17.50; these changes are required to bring
the City in compliance with State Law. Also, their Department
could go ahead with the proposed impact fee study, the only
problem is the money involved ($6,500). Council will need to
authorize expenditure of such funds to develop an in -lieu fee for
affordable housing.
Councilmember Wuriu asked if the builder could make an in -lieu
payment rather than provide the low cost housing? Mr. Funk said
State law requires that the builder has to prove it is not
feasible to build the housing on site, and that he could not
build anywhere in the community before the in -lieu funds could
even be considered.
Is through
Funk cited two applicable residential projects processed
through the Planning Department recently because Peoples' Self
Help Housing built the affordable housing units to meet the
needs.
Mayor Sheetz asked if Peoples' Self -Help Housing, Phase II now
proposed would assist in this area? Mr. Funk said yes, by
averaging it in the City could probably go about 5 years before
requiring low cost housing in projects. Mayor Sheetz asked if
there was a time line on the proposed study and if Council
decided not to approve the $6,500 study, what other options are
there? Mr. Funk said there is some confusion in that some of our
regulations do not meet State regulations and the Department is
having to hand out both City and State regulations; apparently
this study would resolve or help resolve the problem.
Council discussed some of the items addressed in this report such
as condo conversion; what people can feasibly do on their own
property; how would fee be decided.
Councilmember Mullen said she has no problem with §17.49 but
feels §17.50 will "wipe out" affordable housing. She feels City
Council should look for a way to provide affordable housing and
take some of the burden off developers. She suggested spreading
the in -lieu fee over a broader base by imposing it upon all new
construction; further, the City has the capability in-house to
• develop the fee without a consultant.
3
There was discussion on replacing an affordable house where a
• low-cost dwelling was demolished; and yet one does not want to
take away personal liberty. Mayor Sheetz suggested a flat fee
charge of $600, as done in Modesto, and keep it in a fund until
there is enough money to build; or, work for an in -lieu fee for
low cost housing. Consideration was given to whether or not the
City actually wants to build the low cost housing?
Mayor Sheetz opened the hearing to the public for comment.
1. Vivian Doubledee said she is confused; if someone wants to
build two or three units, that's one thing; but if someone wants
to tear down a small home to build a larger one, how can the City
say it has to be low cost housing? Mr. Funk said single family
dwellings or tracts of single family dwellings would pay an in -
lieu fee which would go into a fund for low cost housing.
2. Ed Smith feels it is an attack on private homeowners. Why
not just levy a flat fee of $200 on everyone if it is for the
good of the community.
3. Roger Ewing feels most people would be glad to pay $200 when
it benefits so many.
4. Charles Palmer says there are two issues here: a family who
wants to enlarge their home; and people who want to build a large
• home for retirement. He suggested charging a small percentage
fee applicable to the total square feet in the house.
Council discussed some of the concepts introduced: whether to
charge seniors who had waited years to build their retirement
home; if these were small tear downs that had been rented or used
for summer homes, it did not seem fair and yet we have to
preserve low cost housing.
Mayor Sheetz closed the public hearing and returned the item to
Council.
Councilmember Wuriu said people who tear down and build back
their own home to live in should be excluded from the charge.
Councilmember Luna agreed with Mr. Palmer and had a hard time
charging a senior to improve their own home; some distinction
should be made.
Mayor Sheetz said this would not effect remodels. Councilmember
Luna said even tear downs, make some distinction between the
person who had lived in a residence for quite some time and
rebuilds.
Mr.
Funk
said if a house is
torn down
put
up,
the owner should get
some sort
•
fees
are
not charged if this
is done.
and another the same size
of credit; school impact
H
Councilmember Baker said he agreed with Mr. Smith; $20,000 to
• $25,000 in total fees to build your house was too much. He liked
the $200 fee for everyone if the City wants to provide low-income
housing, otherwise it is un-American. He felt the builders were
sholdering the burden; and, if the community wants to provide for
the less fortunate, we should all pay -not just the builders.
Mayor Sheetz said if a person purchases a house, immediately
tears it down, and builds another, they should be charged. If
someone owns the property and demolishes the house they should
not be charged to rebuild their own home. She said a flat fee
seemed to be what most cities have done.
Some Councilmembers felt there would never be enough money from a
flat fee to do any building; but, as Councilmember Mullen
suggested, matching funds for Peoples' Self -Help Housing might do
the job, and others agreed with her.
Mr. Napper said that Peoples' Self -Help Housing often '.needs
matching local funds from the Community to make their project
more competitive for Federal/State funding. He also asked the
Mayor if the $600 should be a flat fee or based on square
footage? He wondered why a person with a larger house would have
to pay more, and stated a consultant is needed to substantiate
the basis for the impact fee.
• Ms. Skousen also had some problem making a distinction between
someone who lives in a home, tears it down, and builds a larger
home as compared to the one who buys a home, tears it down, and
builds a larger one.
Mayor Sheetz said there is a clear distinction and gave as an
example all the demolitions and large homes built in North Morro
Bay.
Ms. Skousen said this really should be researched further.
Councilmember Luna suggested establishing a time line in the case
of demolitions and building larger homes.
Councilmember Wuriu pointed out the Peoples' Self -Help project up
by Giant Foods Market has 44 units and there are 200 people on a
waiting list; while this serves Countywide, it does point out the
real need for low income housing.
MOTION: Councilmember Baker moved this item be returned to
staff, Council approves of §17.49 but would like work
on §17.50. The motion was seconded by Councilmember
Luna and unanimously carried. (5-0)
The Ordinance will need to be amended and then returned to City
Council for public hearing.
5
Councilmember Mullen asked if staff could provide Council with
• updated statistics as to number of demolitions and maybe a
County -wide procedure for in -lieu fees. Councilmember Baker
suggested letting the builders offer suggestions or ideas as
incentives to build low cost housing.
D-7 HEARING AND RESOLUTION NO. 65-92 AMENDING VISUAL RESOURCES
AND SCENIC HIGHWAY ELEMENT OF THE CITY GENERAL PLAN AND
LOCAL COASTAL PROGRAM/LAND USE PLAN SETTING NEW CRITERIA
LIMITING DEVELOPMENT ON RIDGE LINES AND SLOPES IN
UNDEVELOPED SCENIC AREAS (CASE NO. GPA/LCP 02-911
Mr. Funk explained revisions made in the last year or so by the
City and Coastal Commission addressing geological findings for
building on slopes or ridgelines. Mr. Funk showed some maps and
addressed findings approved by the Planning Commission which are
proposed changes to the City's General Plan.
Councilmember Mullen said that in reading some Planning
Commission minutes, she was told or heard this would impact Dale
Reddell's property. She said in looking at the maps tonight it
did not appear to be the case.
Mr. Funk said there is a chunk of land at the East end of his
property that would be within the 200 foot contour.
• Mayor Sheetz opened the hearing to the public for comments.
1. Ned Roggaway said he is a consultant in planning in the City
of Morro Bay, and just as a point of clarification from last
week's meeting asked if the item Mr. Dorn spoke about was to be
continued [re: visual pollution].
Mayor Sheetz explained this item was not the case but rather a
continuation of agenda items not completed at their last meeting;
this item in particular would be concerned with the hillsides.
Councilmember Mullen stated a public hearing will be held at a
later date addressing Mr. Dorn's request.
1. Dale Reddell commented video taping of Council meetings is
intimidating and might cause people not to come forward and speak
for or against an item. Mr. Reddell said he did own the 6 acres
commented on by Mr. Funk and Councilmember Mullen. He stated he
has 10-1/2 acre lots in the area in question. He pointed out
there are other parcels not indicated on the map and will be
dealt with on an individual basis, so he feels there is more than,
meets the eye. He said it would appear the Planning Department
is not sure how many parcels are affected. He is totally against
the 200 foot criteria and would like to see it completely taken
out and use the 30% slope. He stated that for the past 20-25
years there have been buildings going up on 30% slopes with no
• problem. He questioned why a change is being considered now when
there are just a few parcels left: his own and Williams Bros.?
M
He feels it is just a scheme to keep Williams Bros. from building
• and in so doing are dragging some other people along with this
plan.
2. Marshall Ochylski, representative of Tri-W (formerly
Williams Bros.), distributed a letter to Council. He said in
regards to this change in 30% slope, they were not noticed on the
hearings for this change and it was only after 2 or 3 Commission
meetings that they became aware of the proposed change.
He said there is no definition of a hillside and would prefer a
slope criteria at 30%. He referred to approval of a couple of
years ago of a 30% slope. Mr. Ochylski said his letter explained
his position and how the shopping center project would be stopped
with these changes. He said they do not object to the policy but
rather the fact that it is proposed after the Coastal Development
permit has been approved and would preclude this project.
Councilmember Luna asked Mr. Ochylski what he based his
conclusion on that this 200,ft. was an intentional scheme to
block his project.
Mr. Ochylski said they commented at every Planning Commission
meeting he attended that the 200 foot contour would stop the
project.
• Councilmember Luna asked where the 200 foot contour had come
from.
Mr. Funk said it was originally from old Safety Element
regulations which prevented development over the 200 foot
contour; if no number was specified there would be no way to
regulate this. Building could start at the Freeway and go all
the way up the hillside. He said he believed the person who
drafted the regulation did not mean to preclude the project.
There was an allowance to go to 205 feet on the shopping center
project by the Planning Commission.
Mr. Ochylski said if the regulation was adopted there might be a
problem even though the 205 feet was approved by the Planning
Commission.
Councilmember Mullen referred to Mr. Ochylski's letter and asked
if he could go with A & B. He said yes he could.
Councilmember Wuriu asked if Mr. Ochylski would be happy if
Council approved the 20% slope as and allowed 30% with Planning
Commission approval. Mr. Ochylski responded it would be
acceptable so long as it did not preclude the shopping center
project from moving forward.
Mayor Sheetz said while they are concerned with this one project
• (Williams Bros.); there are other projects that might be
affected.
7
11
•
Mr. Funk said if the elevation were raised to 210 feet, it would
develop more of the ridge top, but still keep the slope criteria.
After Council discussion, the Mayor was concerned about the extra
step of going back to the Planning Commission; she would rather
see it meet the County criteria of up to 30%.
Mr. Funk agreed and stated if Council allows a change for this
one project, he would rather see 210 feet approved as you never
know when you might encounter a 206 foot slope and would have the
same problem.
3. Ann Freeman took exception to Mr. Ochylski's remark this was
some sort of plot by Morro Bay to keep the Williams project from
being built. She said the Planning Commission was very clear in
all of the hearings that a 205 foot elevation limit would be fine
and the shopping center would be built.
4. Warren Dorn said he appeared before the Planning Commission
and filed with them a suggested amendment in regards to the
City's Local Coastal Plan regarding visual pollution from Highway
1, and suggested 2 amendments at the last meeting and wondered
what happened to them; he understood they were to be heard
tonight. He first suggested this over a year ago and pointed out
the land north of the high school is a flood plain. He feels
City policies are deficient and should be addressed; all
projects should be required to erect bamboo poles for height
visualization.
5. Roger Ewing said we seem to have lost sight of what this
ordinance is for, and cited the over -building in Laguna Beach and
other places. He said the ordinance should stand as is.
Mayor Sheetz closed the public hearing.
Councilmember Mullen asked if the City should have a 210 foot
elevation or 30% slope criteria? She said if it were over 210
feet and 40% contour, then the part meeting the criteria could be
built on.
Councilmember Mullen referenced Mr. Reddell's statement and
wondered if regulations in the Safety Element could be or are
enforced? Mr. Funk said if the land is over 210 feet or 30%
contour, it would not be able to be built on but there would
still be exclusions. He also stated that he could not think of a
single project that had been denied if they did not meet this
criteria which was adopted in 1983.
Councilmember Mullen asked if the Planning Commission had any
preference or had a hard time making the decision regarding the
20% slope as opposed to the 200 foot elevation? Mr. Funk did not
• think so, it was just something that needed to be addressed and
was in the wrong place in the Safety Element.
9
• Councilmember Wuriu said in the report it states either criteria
would be effective in protecting scenic hillsides. Does that
mean either would work? If we went with 205 foot elevation and
over 20% slope, how would that effect Mr. Reddell?
Mr. Funk said what the City used to require and was earlier
suggested by Mr. Ochylski in a modified version was not over 200
foot or 20% slope. Mr. Funk said he did not know the area well
enough to comment. He did however make some suggestions as to
what might be done on established lots.
Ms. Skousen said this amendment must be submitted to the Coastal
Commission for approval before it would actually be part of our
Local Coastal Program.
Councilmember Baker questioned the legality of the City saying
that people could not build on a ridgeline.
MOTION: Councilmember Mullen moved Resolution No. 65-92 be
amended to read: any building upon elevations over 210
feet in elevation or on slopes of 30% or more be
prohibited. No grading is to take place on ridgelines,
and no lots of one-half .acre or less will be required
to meet this criteria. Building on slopes between 20%-
30% requires Planning Commission approval. The motion
• was seconded by Councilmember Baker and carried on the
following vote:
AYES: Luna, Mullen, Sheetz, Wuriu
NOES: Baker
Council took a break from 8:07 - 8:19 p.m.
WON
- 4 • , y • r y - - - -
Mr. Funk presented this item and referred to changes in the
report and how the slope and elevation decisions reached in Item
D-7 would affect this item.
Mayor Sheetz referred to changes in the item as referenced above.
Mr. Ochylski said he would like to refer his comments to the end
of the discussion with suggested wording for Resolution No. 68-92
which he felt was a shorter version than the one proposed by Mr.
Funk.
• Council agreed with the slope and elevation change as suggested
by Mr. Ochylski.
0
• Mayor Sheetz opened the hearing to the public.
1. Bernie Melvin, Chairman of the Planning Commission, said he
was there to convey the concerns of the Planning Commission about
the City Attorney's opinion on Measure H. and the 9-1/2 visitor
serving acres in question. He said the Commission supported the
shopping center plan as proposed tonight and had so stated at the
meeting.
Mayor Sheetz interrupted Mr. Melvin and said his matter should be
addressed as a separate item.
Mr. Melvin said he had given a Planning Commission letter to the
Council (just received that day).
Mayor Sheetz said that should have been previously addressed.
Councilmember Mullen said this subject should be addressed as the
9-1/2 acres is part of this item; the Planning Commission did
condition their approval.
Ms. Skousen suggested that Council listen in terms of impact on
this project, but the letter is a little late to address the
Council's previous decision made on Measure H.
• Mr. Melvin requested his letter be entered as part of the record
and noted the City must follow closely all areas of Measure H.
He said over the last two years people of the community have
expressed a desire for a smaller project with no visitor serving
and requested Council transmit to the Coastal Commission that
decision. According to the Planning Commission, the City
Attorney's legal position on the Measure H court ruling is "bunk"
(wrong), and he read from the last two paragraphs of the Planning
Commission letter.
Councilmember Wuriu expressed his displeasure at receiving such
an important item at the last minute with no time to review the
item; while it was dated yesterday, Council did not receive it
until today and yet the Sun Bulletin had referred to it in the
newspaper article issued earlier this day.
Chairman Melvin said he understood Councilmember Wuriu's concerns
and stated that the paper did not get a copy of the letter before
Council, but rather the article was written from statements made
at the Planning Commission meeting.
Councilmember Mullen asked if the Planning Commission went so far
as to strike any reference to visitor -serving commercial uses?
Mr. Melvin responded that was their intent.
2. Jim Nance said the Council should have observed what the
• community wanted, not a visitor service center but a market up on
the hill.
10
• 3. Roger Ewing felt Chairman Melvin presented Measure H quite
well. The City is to uphold Measure H. He feels the City spent
a lot of money over 2 or 3 years. He asked Ms. Skousen if
Williams Bros. has the right to go back into Court and sue for
legal fees if the City grants 19 acres and the developer is held
to 13 acres by court. Ms. Skousen stated no, because Measure H
has not been implemented yet; the general plan amendment is
waiting for Coastal Commission action and they are awaiting court
interpretation of the order.
Mr. Ewing asked why the project is not put on hold until legal
matters are settled and the Coastal Commission approves?
Councilmember Baker responded to Mr. Ewing's "we've been waiting
2 years" by saying Tri-W has been waiting for somewhere between
10 and 15 years to build this project.
4. Mary Phillips referenced the initiative process; she voted
for State Water and against Measure H, but said 13 acres should
be given to Williams. She feels City Attorney is not advising
the City properly.
5. Jerry Mullen, referred to the City Attorney's remarks in
regard to the Coastal Commission. He indicated changes could be
made within 2 years to the Coastal Commission report; read items
• from the report; and stated if he were the person building he
would sue. The Council should wait until Measure H settled; it
says 13 gross acres.
6. Mr. Ochylski said he was a little puzzeled as to why Measure
H was being discussed as it is not on the agenda, but would like
to make a comment since it is being discussed. He referred to
the City Attorney pointing out the CUP has a hold harmless
clause, which makes the prior discussion null & void. He
presented two more letters as something had come up since he
wrote the first one. He referred to items in the letter that
they would like to see resolved, but feels they are insignificant
and does not want these minor changes to go back to the Coastal
Commission but resolved with the City Council. Some changes he
referred to will be more "palatable" to the City because of the
changes made in D-7. Mr. Ochylski referred to the drainage plan
which hopefully will be shared in cost by the new Payless
Shopping Center. He referred to the bridge and building
relocation and walkway which would be in violation of the CDP,
but felt they were not so important as to have to go to the
Coastal Commission. He said there is one sentence in the plan
that the Coastal Commission objects too, and he does not think it
really needs to be in there. He then discussed a pedestrian
access from Bolton Street to the Center which is in violation of
the City's circulation plan. it would allow people to cross
agricultural land which is also in violation of the City's plan
• and would leave the City open to possible liability.
11
He referred to the section about bus stations which could be read
• as two separate locations when they are in fact at one location.
He stated there is some problem about the highway bridge
reimbursement; it says "may" and should be "will" be reimbursed.
He also referred to Table 7 and said when he spoke with Mr. Funk
and Mr. Boucher they seemed to have some problem with it.
Mayor Sheetz asked Mr. Funk to respond to the question regarding
Table 7. Mr. Funk said the Acting Public Works Director had some
problem with Table 7, and he explained how Caltrans saw the need
for extra widening depending if there are shops on both East and
West Sides of the Freeway. The City Engineer will review it
before accepting Table 7.
There was some discussion among Council that perhaps there was no
need to do anything with the bridge at this time. However Mr.
Funk displayed a map showing with proper turn lanes the bridge
would need to be widened.
Mr. Ochylski reviewed each of the changes and deletions he had in
his two letters for the permit and Resolution.
7. Roger Ewing adked if the City must reimburse the builder for
infrastructure costs, does anyone know how much of their tax
dollar is going into the project and why are we obligated?
• Mr. Ochylski said the CUP is very clear on the improvements they
are to pay and the portion the City is to share; reimbursement
will be made out of the sales tax revenue increase generated by
this project. No idea at this time what the costs will be;
water and sewer drawings still to be done.
•
Councilmember Mullen referred to how much black top there was and
wondered about drainage. Mr. Ochylski said there are grease
traps and drainage traps so there will not be sedimentation
draining into surrounding area; but, they will still be using
asphalt.
Councilmember Mullen asked about any phases to the project. Mr.
Ochylski indicated the 13 acres will be graded at once. The
market will be built first, and building phasing has not been
determined yet. Mr. Ochylski and Mr. Funk said any building
phasing would normally be seen in the precise plan proposal.
Councilmember Mullen expressed concern this project will be a
long term program. Mr. Ochylski said this concern has been
discussed with the Planning Commission and the Planning Dept.
There was discussion as to height of wall and which buildings or
grading it would go with. There will be landscaping on the slope
with the wall which will be more attractive rather than a
straight wall.
kIK
Mr. Ochylski said there will be a couple of species of pines
is first
are already in the area; they will need irrigation the
first couple of years, but after that should be on their own.
The types of energy to be used was discussed, (e.g. passive or
active solar energy); this also will be part of the precise plan.
Many of these items were referred to by page and number and are
in the Staff Report or the letters Mr. Ochylski distributed to
Council.
Signage size was discussed and how the signs met our sign
regulations. Mr. Funk said the signage has been minimized as a
mitigation measure of the EIR.
Councilmember Wuriu asked Mr. Ochylski if he was hoping to have
the Council approve the concept plan at this time?
Mr. Ochylski said there were really only 5 changes. Both he and
Mr. Funk have talked to the Coastal Commission and the Coastal
Commission does not dictate to the City; if Council wants a
change, it would seems unlikely they would not approve.
Mayor Sheetz noted there were 3 items that were guaranteed to the
Coastal Commission would not happen. No buildings near the
creek, no bridge over the creek and no pedestrian traffic through
the agriculture land.
• Councilmember Mullen said if the Council strongly wanted the
bridge and building near the creek, the City should go for it.
She believes if all the community got behind it and wrote letters
there would be no problem.
Bernie Melvin came forward to explain the Planning Commission
recommendation intends to get the best project for the community.
He pointed out that a building is already by the creek. He said
they recognized it might have to go back to the Coastal
Commission for amendment but the bridge would reduce motor
traffic in the project so he sees no problem. He said the
Planning Commission would like to see a walkway from Bolton
Street into the project; putting it back in the plan would be no
problem.
Mayor Sheetz said Council will go through the items presented by
Mr. Ochylski one at a time with Council asking questions if
necessary as they went along.
The first item involving B-3 of the Conditions was accepted by
all Councilmembers as amended.
The second item: an Erosion Specialist or a Civil Engineer.
After discussion by Council it was decided to go with an Erosion
Specialist. The person might be a Registered Civil Engineer,
• with a specialty in Erosion Control.
13
• There was discussion on whether the Business Improvement
Association contribution should be $15,000 or $25,000, and what
area would it be; a BIA cannot exist unless 90% of the people
participate. Mayor Sheetz indicated she knows of two plans, one
Pismo Beach is using and the other by the League of CA Cities.
Councilmember Mullen asked what could we get for $25,000; could
we get an individual for that? Mayor Sheetz said $15,000 should
be more than sufficient. The City could use the money if a BIA
is not feasible. Council decided 4-1 to go with the $15,000
amount.
Showers for each tenant: no, not for each tenant, but rather the
developer could decide by using the wording "one or more
locations".
Bridge across the creek: yes, Council will require it.
Building closer to creek: no, Council does not want it moved.
Mitigation monitoring: clarification of wording, Council accepts
Tri-W's amendments.
Treatment of crib walls & drainage area: Tri-W language
acceptable.
8.2 acres open space: OAl allows park facilities, OA2 allows
• public facilities with a use permit. After discussion amend
as Mr. Ochylski requested.
•
Highway Bridge and associated intersection improvements: Council
required the D.2.6 language left as is.
Mr. Ochylski asked if Council would change the word "may" to
"will"? Ms. Skousen suggested use of wording in D-2 where it
states how it will be paid. It was decided to insert the
appropriate wording from D-2.
Utilities and emergency road: Councilmember Mullen asked if
these gates were locked and if fence would come all the way up to
the gates? There was some discussion as to whether to leave an
opening. General consensus was no opening and possibly even post
it private property.
Section D-12: both transit stops at one station. Council said
that would be fine, and accepted amendments.
If other projects come on line first they are responsible for
signal construction. Councilmember Mullen had some questions on
this as the EIR has already been done; would they have to submit
their fair share? Mayor Sheetz said whichever project comes
along first will front all the money and then on a case -by -case
basis, projects following will pay their fair share.
14
• Mr. Funk explained the wording does not need to be changed
because whoever does the first project will have to front the
money and whoever comes after will have to pay their fair share.
Ms. Skousen suggested the language Mr. Ochylski wanted to use
might be clearer. It was decided that was probably true, so the
language will be changed (re: Condition D.10).
Councilmember Mullen requested clarification of the following:
1.Approval of Final EIR - Introduction under pg.i first paragraph
under general background, need "the" instead of "an". 2.EIR-mixed
reference to zoning under Measure I and H, could there be a
historical page on zoning?
Councilmember Mullen asked about the 9-1/2 acres between the
Highway and the project. Ms. Skousen said normally an EIR is
consistent with the General Plan and the zoning, but it is not
required to go into detail. Since this is so complex, we may
want to skip the whole thing. Mr. Funk suggested that the 1-1
should be clarified to say there is no specific zoning to this 9-
1/2 acres, or delete it completely. Ms. Skousen said since this
is part of the project, it needs to be in the EIR.
Councilmember Mullen said she is not comfortable with this 9-1/2
acres being in the EIR as it is not clearly specified. Ms.
Skousen said you could distinguish by the plot shown and this is
• separate but still has to be referenced.
In the Resolution itself, there is a reference to visitor serving
zoning and the project encompasses only what is commercial; she
said visitor serving should be totally taken out as the project
is strictly commercial. Ms. Skousen stated that is technically
the current zoning which already has been referenced.
Considerable discussion followed as how to word or fit the 19
acres into the Resolution. Mr. Funk suggested 19 acres of C-1/S4
Zone that includes roadway, open space ag buffers and the creek;
and a 13 acre shopping site be included in the Resolution.
After further discussion the following motion was made.
MOTION: Mayor Sheetz moved to approve Resolution No. 68-92 as
amended. The motion was seconded by Councilmember
Baker and unanimously carried. (5-0)
E. CLOSED SESSION
MOTION: Councilmember Baker moved the meeting be adjourned to
Closed Session. The motion was seconded by
Councilmember Luna and unanimously carried. (5-0)
• Mayor Sheetz read the Closed Session statement.
15
The meeting adjourned to Closed Session at 10:38 p.m. and
• returned to regular session at 11:27 p.m.
F. ADJOURNMENT
MOTION: Councilmember Wuriu moved the meeting be adjourned.
The motion was seconded by Councilmember Luna and
unanimously carried. (5-0)
The meeting adjourned at 11:27 p.m.
Recorded by:
Elane Novak
Deputy City Clerk
•
•
16
City Of Morro Bay
• City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life
which we all enjoy. We are committed to this purpose and will provide a level of municipal
service consistent and responsive to our public and its needs.
CLOSED SESSION - JUNE 8, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
595 HARBOR ST., MORRO BAY, CA
E-1 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION
♦ CITY OF MORRO BAY V. CALIFORNIA COASTAL COMMISSION, CASE
120512 AND 121637;
♦ CAYUCOS SANITARY DISTRICT V. CITY OF MORRO BAY, CASE NOS.
AND 71224;
♦ CAYUCOS SANITARY DISTRICT V. CALIFORNIA COASTAL COMMISSION,
NO. 71030 ALL PENDING IN SAN LUIS OBISPO SUPERIOR COURT
E-2 GOVERNMENT CODE §54956.9(B)(1), POTENTIAL LITIGATION
E-3 GOVERNMENT CODE §54957.6(A), LABOR RELATIONS
REGULAR MEETING - JUNE 8, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
*OLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
NOS.
70420
CASE
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearings items under
Section D) may do so at this time. When recognized by the Mayor, please
come forward to the podium and state your name and address for the record.
Comments should normally be limited to three minutes.
• 1- -Z' _� • L�
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 CLOSED SESSION OF MAY 18, 1992, THE CLOSED
SESSION OF MAY 26, 1992, THE REGULAR MEETING OF MAY 26, 1992, AND THE
CLOSED SESSION OF MAY 28, 1992
A-2 RESOLUTION NO. 62-92 CALLING THE GENERAL MUNICIPAL ELECTION TO BE HELD
IN THE CITY OF MORRO BAY ON TUESDAY, NOVEMBER 3, 1992, FOR THE PURPOSE
OF ELECTING CERTAIN OFFICERS OF SAID CITY, REQUESTING THE BOARD OF
• SUPERVISORS OF SAN LUIS OBISPO COUNTY TO CONSOLIDATE SAID ELECTION
WITH THE STATEWIDE GENERAL ELECTION, AND OTHER ELECTION MATTERS AS
REQUIRED BY LAW
6-3 RESOLUTION NO. 66-92 AWARDING BID FOR PROJECT PW NO. 90-12, CORPORA-
TION YARD FUEL TANK REPLACEMENT PROJECT TO B&T SERVICE STATION CON-
TRACTORS, ARROYO GRANDE
A-4 DECLARATION OF PROPERTY SURPLUS TO THE CITY'S NEEDS
A-5 STATUS REPORT ON CITY WATER SUPPLY AND CONDITIONS
A-6 RESOLUTION NO. 71-92 OF SUPPORT FOR CONGRESSIONAL LEGISLATION CONCERN-
ING WASTEWATER RECLAMATION (H.R. 3821)
A-7 RESOLUTION NO. 67-92 AUTHORIZING COMPROMISE AND RELEASE OF ALL CLAIMS
PERTAINING TO WORKERS' COMPENSATION LAWSUIT (GILBERT)
A-8 RESOLUTION NO. 61-92 ADJUSTING CITY BUSINESS LICENSE RATES FOR FY
1992-93
A-9 STATUS REPORT ON REMODELING FISH CLEANING STATION IN TIDELANDS PARK
B. UNFINISHED BUSINESS
B-1 RESCISSION OF CITY COUNCIL MOTION OF 12 NOVEMBER 1991 CONCERNING
MEASURE H AND ZONING OF WILLIAMS BROTHERS PROPERTY, AND NOTIFICATION
OF CALIFORNIA COASTAL COMMISSION OF RESCISSION
�. NEW BUSINESS
C-1 RESOLUTION NO. 70-92 ASSIGNING LEASE SITE 90-90W FROM EDNA EDDY TO
SOPHIE HILL, AND ADDITION OF SEAFOOD CAFE AND RETAIL SALES AS APPROVED
USES (985 EMBARCADERO)
C-2 COUNCILMEMBER REQUEST FOR AMENDMENT TO RULES AND PROCEDURES GOVERNING
CITY COUNCIL MEETINGS FOR VOTE ON CONTINUATION OF MEETING AFTER 11PM
(RESOLUTION NO. 69-92)
D. PUBLIC HEARINGS REPORTS & APPEARANCES
D-1 PRESENTATION OF PROPOSED HARBOR ENTRANCE PROJECT BY U.S. ARMY CORPS OF
ENGINEERS
D-2 ORDINANCE NO. 419 AMENDING CITY MOBILEHOME RENT STABILIZATION PROGRAM
TO RE-ESTABLISH CONTROL OF RENTS UPON VACANCY, DELETE THE REQUIREMENT
FOR MOBILEHOME TENANTS TO BE DOMICILED IN MORRO BAY, AND RECONSTITUT-
ING THE MOBILEHOME RENT REVIEW BOARD (INTRODUCTION/FIRST READING)
D-3 RESOLUTION NO. 63-92 OF INTENT TO LEVY ANNUAL HOWMEOWNERS ASSOCIATION
ASSESSMENTS FOR MAINTENANCE OF BAYSHORE BLUFFS PARK LANDSCAPE ASSESS-
MENT DISTRICT
D-4 CONSIDERATION OF CITY POSITION ON SAN LUIS OBISPO COUNTY NATURAL AREAS
PLAN
•
2
4 5 APPEAL HEARING ON PLANNING COMMISSION DECISION CONCERNING SIGN EXCEP-
TION PERMIT FOR MORRO BAY MOTEL (1100 MAIN STREET; CASE NO. SIGN 02-
91; DESAI, APPELLANT)
D-6 ORDINANCE NO. 418 AMENDING §17.49 AND 17.50 OF THE MORRO BAY MUNICIPAL
CODE TO INCORPORATE STATE REQUIREMENTS CONCERNING THE PROTECTION AND
CONSTRUCTION OF AFFORDABLE HOUSING STOCK (INTRODUCTION/FIRST READING;
CASE NO. ZOA 04-91)
D-7 HEARING AND RESOLUTION NO. 65-92 AMENDING VISUAL RESOURCES AND SCENIC
HIGHWAY ELEMENT OF THE CITY GENERAL PLAN AND LOCAL COASTAL PROGRAM/
LAND USE PLAN SETTING NEW CRITERIA LIMITING DEVELOPMENT ON RIDGE LINES
AND SLOPES IN UNDEVELOPED SCENIC AREAS (CASE NO. GPA/LCP 02-91)
D-8 HEARING AND RESOLUTION NO. 68-92 APPROVING AMENDMENT TO CONCEPT PLAN
FOR A SHOPPING CENTER (WILLIAMS MORRO BAY CREEKSIDE CENTER), AND
APPROVING FINAL ENVIRONMENTAL IMPACT ADDENDUM REPORT (CASE NO. CUP 03-
88/MAJOR AMENDMENT CONCEPT PLAN)
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
CLOSED SESSION - JUNE 8, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
Mayor Sheetz called the meeting to order at 5:15 p.m.
PRESENT: Rose Marie Sheetz Mayor
John Baker Councilmember
Ben Luna Councilmember.
Susan Mullen Councilmember
Tom Wuriu Councilmember
ABSENT: None
STAFF: Gary Napper City Administrator
Judy Skousen City Attorney
E. CLOSED SESSION
E-1 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION
♦ CITY OF MORRO BAY V. CALIFORNIA COASTAL COMMISSION,
CASE NOS. 120512 AND 121637;
♦ CAYUCOS SANITARY DISTRICT V. CITY OF MORRO BAY, CASE
NOS. 70420 AND 71224;
• ♦ CAYUCOS SANITARY DISTRICT V. CALIFORNIA COASTAL COMMIS-
SION, CASE NO. 71030 ALL PENDING IN SAN LUIS OBISPO
SUPERIOR COURT
E-2 GOVERNMENT CODE §54956.9(B)(1), POTENTIAL LITIGATION
E-3 GOVERNMENT CODE §54957.6(A), LABOR RELATIONS
MOTION: Councilmember Luna moved the meeting be adjourned to
Closed Session. The motion was seconded by Councilmem-
ber Baker and unanimously carried. (5-0)
Mayor Sheetz read the Closed Session statement.
The meeting adjourned to Closed Session at 5:15 p.m. and returned
to regular session at 5:53 p.m.
F. ADJOURNMENT
MOTION: Councilmember Mullen moved the meeting be adjourned.
The motion was seconded by Councilmember Wuriu and
unanimously carried. (5-0)
The meeting adjourned at 5:53 p.m.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 8, 1992
PAGE 2
• MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 8, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Sheetz called the meeting to order at 6:00 p.m.
ROLL CALL
PRESENT: Rose Marie Sheetz
Mayor
John Baker
Councilmember
Ben Luna
Councilmember
Susan Mullen
Councilmember
Tom Wuriu
Councilmember
ABSENT: None
STAFF: Gary Napper City Administrator
Judy Skousen City Attorney
Rick Algert Harbor Director
Louise Burt Finance Director
Ardith Davis City Clerk
Don Funk Interim Comm. Dev.
Dir.
Forrest Henderson Asst. City Admin.
• Steve Wolter Rec. & Parks Dir.
Father Colm O'Connor, St. Joseph's Catholic Church in Cayucos,
gave the invocation, and Horace Strong led the Pledge of
Allegiance.
Mayor Sheetz announced the re -constructed South T-Pier was dedi-
cated on Saturday, June 6th. The contractor of this project,
R.E. Staite Engineering, Inc., has policy that when they complete
a major project, they return a portion of the money to the commu-
nity. Mayor Sheetz state the contractor gave her several checks
totalling $2,500: $500 to the Morro Bay Recreation Department to
sponsor scholarships for the T-Ball program; $500 to Del Mar
School; $500 to Morro Elementary School, and $1,000 to Morro Bay
High School's Friday Night Live Program. Dawn Aiken, Principal
of Morro Bay Del Mar School, and Joan Peterson, representing
Morro Elementary School, accepted a check on behalf of their
schools.
PUBLIC COMMENT
1. Ann Freeman, 785 Cabrillo Place, stated Item B-1
regarding the Judge's decision on the VIC lawsuit involving Mea-
sure H, should be under public hearings so Council can receive
• public input. She reminded Council it was only after Councilmem-
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 8, 1992
PAGE 3
• bers Baker, Wuriu, and Mayor Sheetz and Tri-W Enterprises
increased the William Brothers project by 9.5 acres that VIC
sued. Ms. Freeman read a statement issued by Judge Coffee in his
ruling which she believes is clear regarding the size of the pro-
ject. The City Attorney gives the Council the impression they
can do whatever they want relative to Measure H.
2. Shane Kramer, attorney for VIC in the Measure H law-
suit, stated the petition he filed in court addresses the issue
of "Does the designation of 9k acres Visitor Serving on a portion
of this project violate the Election Code of the State of
California?" He stated it was improper of the City to attempt to
amend the terms of Measure H without going to a vote of the peo-
ple. The Judge decided any attempt by the City to include Visi-
tor Serving uses on the Williams Brothers property is a violation
of the Elections Code.
3. Warren Dorn, 212 Beach St., invited City Council and
City staff to drive by West Street to see the worse mess they
have ever seen. He also said an amendment is needed to City
ordinances for abatement of visual pollution, particularly from
Highway 1.
4. Charles Palmer, 485 Estero Ave. and Enterprise Engi-
neering, explained the free services he is willing to provide for
• the City to develop a water rate schedule and water management
plan. He said the City water data is flawed and their water and
sewer rates are based on this flawed information.
5. Barbara Sanders, Morro Bay realtor, addressed Item B-1
on the agenda regarding the Williams Brothers project and the
Judge's order to rescind the Council's November 12, 1991 motion.
She encouraged Council to follow the Judge's order exactly and
not do anything illegal.
6. Colby Crotzer, Arbutus, urged Council not to use a
technicality to avoid the intent of the people with regard to
Measure H.
7. June Hofstead, 690 Elena and President of the Morro Bay
Senior Citizens, stated four Morro Bay City Councilmembers are
provided health insurance benefits by the City of Morro Bay; this
amounts to $22,600 per year in costs. She does not believe they
should be afforded this benefit; they volunteered for their posi-
tions and are not employees. She stated she has talked about
this with people at the Senior Center and they are not happy with
this information.
Mayor Sheetz stated insurance provisions for councilmembers is
not something new; it was instituted during Jack Surfluh's time
in 1965 (the first Mayor of Morro Bay). Ms. Hofstead stated the
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 8, 1992
PAGE 4
• money could be better spent, and Councilmembers should cancel
their policies.
Councilmember Mullen stated she brought this item up at budget
meetings, and has cancelled her health insurance.
8. Roger Ewing stated when Councilmembers Baker, Wuriu,
and Mayor Sheetz were elected to office, they accepted the vote
of the people. He believes it is reprehensible they find it dif-
ficult to accept the vote of the people with regard to Measure H.
He stated all people knew what they were voting on; a 13 acre
shopping center with no Visitor Serving uses.
9. Ed Smith stated when Measure H was voted on, there was
not a financial crisis in the country. If people had known the
situation that would be facing Morro Bay, they never would have
adopted the initiative. People need jobs.
10. John Linhares, 2718 Alder, reviewed the changes in the
budget Council has made to retain employees by using funds set
aside to remodel City Hall. He asked what happened to the
$313,000 shortfall that still exists? Mr. Napper explained his
budget presented to Council was an annual balanced budget which
included maintenance/operation cuts as well as employee layoffs.
Council used one-time City Hall capital monies to retain employ-
ees; the other proposed items reduced or cut to balance the bud-
get may be approved by Council.
CLARATION OF FUTUR"GENDA ITEMS
1. Councilmember Baker requested Item D-8 regarding the
Williams Brothers item be moved up to follow Item D-2; perhaps
the item can be concluded this evening. Council had no
objections.
A. CONSENT CALENDAR
Mr. Napper recommended Council adopt Resolution No. 62-92.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 8, 1992
PAGE 5
• A-3 RESOLUTION NO 66-92 AWARDING BID FOR PROJECT PW NO 90-12
CORPORATION YARD FUEL TANK REPLACEMENT PROJECT TO B&T SER-
VICE STATION CONTRACTORS ARROYO GRANDE PULLED
Mr. Napper requested Council pull this item; it is necessary to
have CalTrans approval of the contract before Council awards the
bid. Staff hopes to have the contract in -hand by the next
meeting.
A-4 DECLARATION OF PROPERTY SURPLUS TO THE CITY'S NEEDS
Mr. Napper recommended Council declare the property surplus to
the City's needs, and authorize the disposal of the items by pub-
lic auction or bid.
Mr. Napper recommended Council receive the report for file.
A-6 RESOLUTION NO 71-92 OF SUPPORT FOR CONGRESSIONAL LEGISLA-
TION CONCERNING WASTEWATER RECLAMATION (H.R. 3821)
Mr. Napper recommended Council adopt Resolution No. 71-92.
A-7 RESOLUTION NO 67-92 AUTHORIZING COMPROMISE AND RELEASE OF
• ALL CLAIMS PERTAINING TO WORKERS' COMPENSATION LAWSUIT
(GILBERT)
Mr. Napper recommended Council adopt Resolution No. 67-92.
A-8 RESOLUTION NO 61-92 ADJUSTING CITY BUSINESS LICENSE RATES
FOR FY 1992-93
Mr. Napper recommended Council adopt Resolution No. 61-92.
A-9 STATUS REPORT ON REMODELING FISH CLEANING STATION IN TIDE-
LANDS PARK
Mr. Napper recommended Council accept the report for file.
Councilmember Luna requested Item A-4 be pulled and considered
separately.
A-4 DECLARATION OF PROPERTY SURPLUS TO THE CITY'S NEEDS
Councilmember Luna asked if the items are auctioned off in coop-
eration with a County of San Luis Obispo auction? Mr. Henderson
stated there are several options for the City to use, and the
County is one of them. Councilmember Luna asked if the funds
from the auction go into the General Fund? Mr. Napper responded
yes, if the items were purchased by General Fund monies.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 8, 1992
PAGE 6
• MOTION: Councilmember Wuriu moved for the approval of the Con-
sent Calendar with the exception of Item A-3 which is
pulled. The motion was seconded by Councilmember Luna
and unanimously carried. (5-0)
B.
I' 1Z •_ • M: •
_.Ie• • • L • • _� • • _ • •
Ms. Skousen stated she has drafted a motion for Council adoption
which is in response to the Judge's order. Her advice is to fol-
low the Judge's order specifically and not make attempts to guess
what he meant. The Judge requires the City Council to rescind
their November 12, 1991 decision making a recommendation to the
Coastal Commission regarding the Williams Brothers project. The
City is then required to advise the Coastal Commission of this
action, and efforts by the City to comply with Measure H. If
this specific action is not what the Court meant, the Judge will
have another opportunity to explain his ruling.
Ms. Skousen stated Williams Brothers argued before the Court that
Measure H is unconstitutional and invalid and requested the Judge
• set it aside. The Voters Initiative Committee (VIC) requested
the Judge find Measure H prohibits Visitor Serving and requires
all but 13 acres of the property be zoned back to agriculture.
The City argued Measure H was implemented on February 24, 1992.
When the Court granted the Writ of Mandate, it refused to go
along with Williams Brothers; it granted limited relief of the
Writ and it refused the declaratory relief VIC was seeking. The
order was very narrow.
Councilmember Mullen stated the Writ states the City violated
§4013 of the Elections Code, and the Judge ordered the rescission
of Council's November 12, 1991 action. How can the City come up
with any other conclusion than to say the City erred in allowing
9' acres Visitor Serving?
Councilmember Mullen asked specific questions regarding filing of
legal documents to which Ms. Skousen responded.
Councilmember Mullen stated if the Judge ruled in favor of VIC,
Ms. Skousen should find the Judge meant to eliminate the 9'h acres
Visitor Serving. Why is her advice otherwise? Councilmember
Mullen stated the case was argued on violation of EC§4013 and the
Judge decided in VIC's favor. Ms. Skousen stated she does not
believe the case was about EC§4013; all sides stipulated the Mea-
sure could not be changed without a vote of the people. She said
the issue was the interpretation of Measure H.
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 8, 1992
PAGE 7
• Councilmember Luna asked if Ms. Skousen discussed issues related
to the Writ with any members of Tri-W Enterprises? Ms. Skousen
stated she has discussed it with Tri-W's attorney on numerous
occasions. Councilmember Luna asked in the discussions, did
their attorney provide Ms. Skousen with any legal recommendation
or advice pertaining to the issue and how to handle it? Ms.
Skousen stated their attorney did not presume to advise her on
what to do; it was an exchange of opinions.
Councilmember Luna asked if any components of discussions with
Tri-W attorneys influenced Ms. Skousen interpretation of the
Judge's order? Ms. Skousen stated no; however, she did keep in
mind the majority vote of the City Council to uphold the inter-
pretation of Measure H made on February 24, 1992. She said it is
her responsibility to follow the majority vote of the Council.
Councilmember Luna asked if a majority of the City Council
directed her to establish findings to rescind entire Council
action on this matter, would she do so? Ms. Skousen stated yes,
if Council wanted to change the interpretation of Measure H; she
takes direction from the majority of the Council.
Councilmember Luna stated this is a matter of principle, will of
the people, democracy, and what is right. He objects to the vote
the majority of the Council will take on this matter.
40 Councilmember Wuriu stated there have been charges made the
majority Council deliberately violated Measure H. He stated he
never deliberately violated any ordinance or statute and has no
intention of doing so. Tonight's decision is straight forward;
the Judge said to do something and the action before Council is
to follow that order. The Judge will certainly notify the City
if the City has not followed his instructions properly.
Mayor Sheetz stated one thing they teach you in law school is
never offer more than is being asked. She also talked to a judge
who advised her to follow the advice of the City Attorney and
added that we have an excellent attorney in Judy Skousen.
MOTION: Mayor Sheetz moved Council rescind that certain motion
made by Mayor Sheetz, seconded by Councilmember Wuriu,
on November 12, 1991 which is restated as follows:
"Mayor Sheetz moved Council support the
Coastal Commission staff recommendation for
the siting of Measure H for the 13 acres and,
rather than naming the bottom portion ag or
open space, to let it retain its present zon-
ing with the prohibition, as the developer
has said that he will not build any hotels on
the property, and that the development agree-
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 8, 1992
PAGE 8
• ment would be discussed further with the
staff and Council."
Mayor Sheetz further moved that the Coastal Commission
be notified in writing of this rescission and that the
Coastal Commission be notified the City complied with
Measure H by adopting Ordinance No. 415 amending the
City's zoning map and by adopting Resolution No. 20-92
amending the City's Land Use Plan of the Local Coastal
Program and amending the City's Land Use Element of the
General Plan. The motion was seconded by Councilmember
Baker.
Councilmember Mullen stated she disagrees with the City Attorney
and the majority of the Council. The Judge was very specific and
clear in her reading of the Order. Council action does not go
far enough. The November 12th action triggered action by the
Coastal Commission which led to Council's February and March 1992
decisions.
The motion carried on the following vote:
AYES: Baker, Wuriu, Sheetz
NOES: Luna, Mullen
• Mayor Sheetz stated it is 7:10 p.m., and Council will now con-
sider Public Hearing items.
D-1 PRESENTATION OF PROPOSED HARBOR ENTRANCE PROJECT BY U.S.
ARMY CORPS OF ENGINEERS
Mr. Napper introduced Col. Thomas of the Army Corps of Engineers
who will review the progress of the harbor entrance project.
Col. Thomas stated the Corps of Engineers recently made a presen-
tation before the Board of Engineers for Rivers and Harbors in
order to secure their endorsement of the project. He gave a sum-
mary of that presentation which included a history of the dangers
of Morro Bay Harbor and a description of the proposed project.
The plan includes a seaward extension of the existing Federal
channel designed to depths and widths which will allow waves to
pass through the entrance and break shoreward of the navigation
channel.
The construction cost is estimated at $2.2 million. It is also
estimated $575,500 annual benefits may be derived from the pro-
ject due to adding 48 days of safe transit through the harbor.
The City's share of the project is $438,000 or 20%. A Local
Cooperation Agreement must be negotiated between the City and the
• Corps for the project.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 8, 1992
PAGE 9
• Design of the project begins with construction of a wave model at
the Corps' Ocean Experiment Station in Vicksburg, Mississippi.
Col. Thomas stated he anticipates actual construction to begin by
O1 August 1995 and completed by 01 December 1995. Annual mainte-
nance dredging thereafter will be administered by the Federal
Government.
Councilmember Wuriu asked if the government will charge the City
for maintenance dredging? Col. Thomas stated they have not in
the past, but Federal policy could change and it has been talked
about in previous years.
Councilmember Mullen asked if a project similar to this one has
been completed successfully in another area? Col. Thomas stated
his staff indicated the process of making an ocean deeper to
affect where waves break has been used.
Mayor Sheetz opened the hearing to the public for comments; there
were no comments and the hearing was closed.
Mayor Sheetz thanked Col. Thomas and his staff for attending the
meeting and bringing Council up-to-date on the project; the Corps
left the meeting.
• Rick Algert explained the need for the Chief Harbor Patrol Offi-
cer to travel to. Vicksburg and observe the model being con-
structed. Additionally, the City proposes to hire Dr. Richard
Kent to also view the model to ensure the City's input and inde-
pendent assessment. The cost to hire Dr. Kent will not exceed
$4,000, and the cost to sent Mr. Rodgers to Vicksburg will not
exceed $1,000. Mr. Rodgers will attend because of his familiar-
ity with the harbor and as a technical consultant.
Councilmember Mullen asked how Dr. Kent was selected? Mr. Algert
stated he discussed the matter with several cities in similar
situations, and they all recommended the City take an active role
in the model construction. Dr. Kent comes highly recommended
from the Ventura Harbor District.
MOTION: Councilmember Wuriu moved Council authorize staff to
negotiate a Local Cooperation Agreement with the U.S.
Army Corps of Engineers for construction of the Harbor
Entrance Project; Council allocate $5,000 from the Har-
bor Entrance reserve account to retain Dr. Richard Kent
for critique of physical wave model of the project in
Vicksburg, Mississippi, accompanied by Chief Harbor
Patrol Officer Dick Rodgers; and, Council allocate the
balance of the South T-Pier insurance settlement monies
($610,000) to fund the local agency 20% match for the
project. The motion was seconded by Councilmember
• Baker and unanimously carried. (5-0)
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 8, 1992
PAGE 10
• D-2 ORDINANCE NO 419 AMENDING CITY MOBILEHOME RENT STABILIZA-
TION PROGRAM TO RE-ESTABLISH CONTROL OF RENTS UPON VACANCY
DELETE THE REQUIREMENT FOR MOBILEHOME TENANTS TO BE DOMI-
CILETD IN MORRO BAY AND RE -CONSTITUTING THE MOBILEHOME RENT
REVIEW BOARD (INTRODUCTION/FIRST READING)
Ms. Skousen stated pursuant to Council direction at a recent
meeting, she has met with Mr. Price and drafted a proposed ordi-
nance amending the City's mobilehome rent stabilization ordinance
to retain rent control when a mobilehome becomes vacant. Other
changes to the ordinance include allowing mobilehome residents to
be covered by the ordinance whether they are full or part-time
residents; changing the rent review board from the City Council
to consist of one mobilehome park owner, mobilehome tenant, two
independent persons, and one City Councilmember. Ms. Skousen
stated one issue that remains for Council determination is the
difference between mobilehomes and RVs and whether or not the or-
dinance should cover RVs. She has been informed park owners get
around rent control by requiring permanent RV occupants to remove
their RV for 72 hours at the end of each nine month period.
Ms. Skousen stated her recommendation remains the same; Council
should wait until this matter is settled in court by other agen-
cies before changing the Ordinance. She believes approving the
• amendment will lead to litigation from park owners. She noted
there is legislation currently pending which would allow the
State to preempt cities from having rent control ordinances.
This is because mobilehomes are considered housing which is cov-
ered by the State code.
Councilmember Wuriu asked if Ms. Skousen received input from park
owners on the amendments to the ordinance? Ms. Skousen stated
no, she understood Council direction to amend the ordinance in
accordance with recommendations expressed by Mr. Price. She
stated she has spoken with attorneys for the Mobilehome Park Own-
ers Association and they are strongly opposed to the first two
amendments, and question any coverage of RVs in the ordinance at
all.
Councilmember Mullen asked why only 75% of the Cost -of -Living
increase is allowed when raising rents? Mr. Skousen stated the
figure was selected in 1986 because other cities were using it
and they had not been challenged. The park owner is also enti-
tled to a reasonable return on his investment.
Councilmember Mullen asked if there is a happy medium in this
situation? It seems as if Council is making regulations for one
or two individuals in the community. She suggested using the
City of San Luis Obispo ordinance as a guideline, some program
whereby the City is not caught in a lawsuit, but reserves some
• level of control.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 8, 1992
PAGE 11
• Mayor Sheetz opened the hearing to the public for comments.
Ernie Price, tenant at Blue Heron Mobilehome Park, reviewed the
legal cases surrounding the rent control dispute. He said allow-
ing an increase in the rent when a mobilehome is sold and not
controlling rents for part-time residents is discrimination. The
mobilehome owner has small chance of selling his home with uncon-
trolled increases allowed to the park owner.
Councilmember Mullen asked Mr. Price to address the RV issue.
The ordinance was originally adopted to help with affordable
housing; RVs are generally second homes. Why should the ordi-
nance extend to people who obviously do not need affordable hous-
ing? Mr. Price said the attorney said that provision had to be
in the ordinance. Ms. Skousen stated she did not recall saying
that. The problem is how to exempt RVs from the ordinance when
some people reside in their RVs.
Councilmember Luna stated if mobilehomes do not sell because buy-
ers do not know how much the park owner will raise the rent, per-
haps a provision similar to that contained the San Luis Obispo
ordinance can be adopted? This allows the park owner, at the
beginning of the calendar year, to set the maximum amount the
rent will be increased in that calendar year if ownership of a
• mobilehome changes.
Mr. Price commented whenever a house or apartment is vacant, the
landlord loses rent for the period it is vacant. In a mobilehome
situation, the tenant continues to pay the rent until the home is
sold. The park owner loses nothing. Why should the landlord be
granted anything extra when the home is sold?
Councilmember Luna asked if he approves of any increase upon
transfer of ownership? Mr. Price stated not on that basis; the
park owner has rights and can appeal through the hardship clause
of the ordinance.
Dale Patterson, Bay Pines Trailer Park, stated he currently has
people living in RVs who are under rent control. He said Council
telling him when he can and cannot raise rates is restriction of
trade. RVs should be eliminated from protection in the
ordinance.
Councilmember Baker commented in talking with someone living in a
mobilehome park, it was pointed out many of the home owners do
not qualify for affordable housing.
Darrel Heryford, part-time resident, stated he moved in two years
ago with a monthly rent of $245; before he signed the agreement,
the rent was raised to $275; before he moved in, it was raised to
• $325. He said rent control is a necessity in this area. There
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 8, 1992
PAGE 12
• is no hope of selling his mobilehome because no one is willing to
pay the rent.
Buzz Kidwell, owner of Morro Palms Mobilehome Park on Morro Bay
Blvd., stated he served on the original committee appointed by
Council to develop the ordinance. The intent of the ordinance
was to protect senior citizens and persons on fixed income. He
has no problem with that concept, and does not believe Council
has or will receive complaints from his tenants. He said it is
troublesome to have one park owner who charges high rents, caus-
ing fair park owners to bear the burden of changes. He pointed
out some inequities in the proposed ordinances giving new tenants
an economic advantage over tenants that have been in a park for
some time.
Mr. Kidwell stated people who are part-time residents are able to
afford two homes and sometime more. To say these people need the
protection of rent control is really stretching the original
intent of the ordinance.
Councilmember Luna asked if the San Luis Obispo ordinance would
address the problem? It will allow park owners to bring rent up
to fair market value when tenants change as long as they estab-
lish the figure at the beginning of the year. Mr. Kidwell stated
he does not have a problem with it as outlined.
• Councilmember Wuriu commented RVs should not be protected by the
ordinance.
Don Howard, E1 Morro Trailer Park, supported Mr. Kidwell's com-
ments; "if it ain't broke, don't fix it". No problems in his
park now.
Ray MCKelligott stated without control of rents, mobilehome own-
ers will not be able to sell their homes. He said some parks
have nothing but RV's and they are all permanent residents. The
majority of the permanent residents are senior citizens on low
income.
Fred White, owner of Bay Pines, agreed with comments made by Mr.
Kidwell. He said some mobilehome owners try to sell their homes
at three times what they paid in the first place. They are try-
ing to get rich off the park owners property, taking his land.
Cliff Smith, 415 South Bay Blvd., stated he bought his home three
years ago and is taking a $13,000 loss in selling it due to the
rent raise. People buying homes in the Blue Heron Park can look
forward to a $50 to $100 rent increase; mobilehome owners have
been unable to sell their homes as a result.
David Evans, representing the Mobilehome Park Owners Association,
• said Councilmember Luna's suggestion regarding the San Luis
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 8, 1992
PAGE 13
• Obispo ordinance is a good idea. He stated it was negotiated
between the City, park owners, and residents and resulted in a
compromise ordinance. He said it is important to select reason-
able people on both sides of the issue for the review committee.
He stated he has not been to San Luis Obispo once since the ordi-
nance was adopted because there have been no problems.
Mayor Sheetz asked Mr. Evans if he would be willing to work on
the ordinance with a City committee? He stated yes.
Ross Hale, owner of Rancho RV Park, stated his park is strictly
RVs. He noted the investment in a mobilehome can be sizeable,
while a typical investment in an RV is not. He said there are
very good reasons not to include RVs in the mobilehome rent con-
trol ordinance. He said there have been no problems in RV parks.
Mr. Ross agreed with establishing a committee.
Hugo Hemp, owner Cypress Travel Trailer Park, stated he has
mobilehomes in his park that are worth $4,000 and the mobilehome
owner is asking $34,000. That money is being made off of his
property. If he has to rent to a new tenant without increasing
the rent, the mobilehome owner has received a profit off Mr.
Hemp's lot and the park owner pays the taxes.
Mayor Sheetz stated an RV owner is someone who moves around. She
iswill support rent control for a registered voter or someone who
lives in Morro Bay year -around. Ms. Skousen stated the current
ordinance defines a permanent resident as someone who has perma-
nently resided at a location for at least nine months and is a
registered voter.
Mayor Sheetz requested the procedure of the park owner be inves-
tigated as to its legality wherein he requires a mobilehome or RV
be moved for 72 hours every ninety days in order to preclude the
RV owner from coverage by rent control.
MOTION: Mayor Sheetz moved the item be referred to a new ad -hoc
committee similar to the suggestion for the rent review
board in the new ordinance including Mr. David Evans,
and be returned to Council with recommendations. The
motion was seconded by Councilmember Baker and unani-
mously carried. (5-0)
Council recessed from 8:48 p.m. to 9:05 p.m.
OFT
• Item taken out of order at Councilmember Baker's request.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 8, 1992
PAGE 14
• Don Funk stated Council consideration of the Williams Brothers
project this evening will focus on the EIR Addendum and Concept
Plan for the shopping center. The changes include moving the
shopping center closer to Highway 1 which was approved by the
Coastal Commission; and, reducing the project from a 237,000
square foot project on a 17 acre site to a 126,000 square foot
project on a 13 acre site. Mr. Funk displayed maps depicting the
changes. He noted the structures drawn on the map have no spe-
cific uses at this point; those designations will be required
during the precise plan portion of the project.
Mr. Funk gave a detailed report on the project and reviewed. the
Planning Commission approval and conditions thereof.
Councilmember Mullen asked if there will be a pedestrian bridge
across the creek? Mr. Funk stated yes; it will be part of the
precise plan. Councilmember Wuriu asked what the difference is
between the concept and precise plan? Mr. Funk stated the con-
cept plan usually shows the location of buildings and parking
lay -out. The precise plan is required to be generally consistent
with the concept plan and will include architectural renderings,
erosion control, landscaping, and building use.
Councilmember Mullen stated the project consists of 19� acres;
• Measure H requires the project to be 13 gross acres. She asked
if VIC can sue the City for approving a project larger than 13
acres? Ms. Skousen stated anyone can sue; whether or not they
are successful is the question. Her understanding is Council
excluded the open space easement and CalTrans right-of-way which
would leave the actual development at 13 acres.
Councilmember Mullen stated "gross" acreage includes everything.
Given that definition, she asked if the City is at some risk in
moving forward on this project? If the project goes to court,
the City could be liable for developers costs. Ms. Skousen
stated the developer will hold the City harmless in this matter
by conditions in the permit. She said Measure H left the City
the discretion of siting the exact location of the project. With
regard to gross acres, Ms. Skousen stated there are numerous
development code definitions of gross acres which sometimes
includes public -rights -of -ways and sometimes does not.
Councilmember Mullen stated a final ruling on Measure H is needed
before proceeding.
Mayor Sheetz questioned the Planning Commission decision. Mr.
Funk stated they asked if their action was legal based on the
Judge's Order on the Writ of Mandate. They did not vote to
rescind their decision to recommend approval 'because they
believed they were two separate issues.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 8, 1992
PAGE 15
• Councilmember Luna referred to Condition No. 12, Archaeology, and
asked what will happen if skeletal remains are discovered on the
property? Mr. Napper stated if Indian remains are found, the
site will be under the direction of representatives from the
Chumash Indian organization. They will make a determination as
to whether the bones should be disturbed or not. It usually
depends on the level of pre -disturbance in the area.
Councilmember Luna referred to Condition No. 14, Wildlife
Enhancement, and asked who will determine "Wherever possible"
which regard to landscaping requirements? Mr. Funk stated the
Planning Commission will get the last look at the precise plan,
so they will make the determination.
With regard to Condition No. 22, Water Allocation, Councilmember
Luna asked if this means the developer could actually purchase
water? Mr. Funk stated the developer will have to obtain water
the same way as any other developer; right now, the only way is
through retrofit. He noted the wording is included in the condi-
tion to protect the City; if the City decides on different system
of awarding water in the future, this project will still be
covered.
Councilmember Luna referred to Condition D.7. and asked when the
developer will be required to install the public improvements.
• Mr. Funk stated there is no phasing of the project, so construc-
tion of these improvements will take place in conjunction with
construction of the project.
Councilmember Luna requested the conditions include a requirement
for bonding by the developer in order that the graded area will
be returned to it previous condition after bridge is built. He
also requested clarification as to when the bridge will actually
be built.
Marshall Ochylski, Landplans and architect representing Williams
Brothers, stated Conditions D.1. and D.6. specifically state when
the bridge has to be built. Before any permit is issued, the
developer has to give 150% security bond.
There was further discussion regarding how the costs of bridge
improvements are apportioned. It was noted Williams Brothers
will be reimbursed for costs as other developments are con-
structed and required to pay their proportionate impact share.
Councilmember Luna stated the current bridge is adequate to ful-
fill Morro Bay's needs even under full build -out of the City.
Andrew Merriam, consultant who prepared the EIR for Morro Bay,
stated it is complicated and reviewed the information they used
to base their recommendations. He stated although the bridge
does not need to be improved specifically for this project, there
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 8, 1992
PAGE 16
• are cumulative affects on the bridge from this development and
others that may come to the downtown area in the future.
Councilmember Wuriu referred to Condition No. B.16. regarding
stream restoration. He stated he has never seen water in the
creek and asked if there has been water in it? Mr. Funk stated
there was water during the raining season; he noted there is some
seasonal drainage in the area.
Mr. Ochylski stated the project consists of 13 acres zoned Dis-
trict Commercial and fits within Measure H requirements. He
reviewed the significant project features.
Councilmember Mullen asked if considerations has been given to
installing a water recycling system at the site to use black and
grey water? Mr. Ochylski stated the developer would like to pur-
sue this; however, it was not included in the conditions because
the technology has not been proven. Councilmember Mullen asked
if he would mind adding the condition as long as it was not a
firm requirement? Mr. Ochylski stated he does not object; how-
ever, the developer does not want to get into water management.
Councilmember Mullen asked if they have received input from the
Army Corps of Engineers? Mr. Ochylski stated they have received
clearance from the Corps; the project does not contain a naviga-
• ble waterway, so the Corps has no input.
Mayor Sheetz stated there are several other items on the agenda
this evening. She suggested Council continue with the staff pre-
sentation this evening and then continue the public hearing and
Agenda Items C-2, D-4, D-6, and D-7 to June 17th.
Andrew Merriam reviewed the Addendum to the EIR; he said it only
addresses significant changes to the original EIR. He noted the
major reason for requiring bridge widening is to accommodate
traffic queing for the stop light.
Councilmember Mullen left the meeting at 10:35 p.m.
MOTION: Mayor Sheetz moved this item be continued to June 17th.
The motion was seconded by Councilmember Wuriu and car-
ried with Councilmember Mullen absent. (4-0)
Mr. Wolter reviewed the process to levy an annual assessment for
maintenance of Bayshore Bluffs Park. Action this evening pro-
vides for noticing the intention to levy the assessment; at a
• subsequent meeting, a public hearing will be held on the actual
assessment.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 8, 1992
PAGE 17
• Councilmember Mullen returned to her Council seat.
Mayor Sheetz opened the hearing to the public for comments; there
were no comments and the item was returned to Council.
MOTION: Councilmember Luna moved for the adoption of Resolution
No. 63-92. The motion was seconded by Councilmember
Wuriu and unanimously carried. (5-0)
D-4 CONSIDERATION OF CITY POSITION ON SAN LUIS OBISPO COUNTY
NATURAL AREAS PLAN
Continued to June 17th.
D-5 APPEAL HEARING ON PLANNING COMMISSION DECISION CONCERNING
SIGN EXCEPTION PERMIT FOR MORRO BAY MOTEL (1100 MAIN STREET;
CASE NO SIGN 02-91• DESAI APPELLANT)
Mr. Funk stated Mr. Rajni Desai has requested the sign at his
motel at 1100 Main Street be allowed to exceed the 8 foot height
limit to 1216". The Planning Commission reviewed the matter and
agreed to allow Mr. Desai to exceed the limit to 10' total
height; Mr. Desai has appealed the Planning Commission action.
Mr. Funk reviewed the history of the 2 signs at this location
• which were originally installed without a permit at heights
exceeding the limit. Mr. Funk stated he understands the signs
were installed on a weekend by an out-of-town company unfamiliar
with local laws. Staff has had little success in getting Mr.
Desai comply with the law.
Councilmember Baker suggested the sign be left alone at its cur-
rent height of 1316".
Mayor Sheetz opened the hearing to the public for comments.
Mr. Desai stated according to the previous Planning Director,
Bill Farrel, an error was made in the Planning Department and a
sign approved at the height of 1116". Mr. Desai said he is being
harassed by the City.
Ross Blakely noted the Planning Commission did vote 4-1 in favor
of allowing the Hungry Fisherman Restaurant to have their off -
site sign on this property for 7 years; however, the City Attor-
ney disagreed with their authority to take that action and noth-
ing has occurred since.
Councilmember Mullen asked how high the Hungry Fisherman sign is
on his property? Ms. Hill stated 17' high.
There was discussion regarding other signs in Morro Bay that do
• not comply with the ordinance. Ms. Skousen reviewed the history
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 8, 1992
PAGE 18
• of the Sign Ordinance noting State law prohibits the City from
amending the Sign Ordinance until it has been enforced. City
Councils in the past have been reluctant to enforce the ordi-
nance. She stated both signs on the property are illegal, and
the City has ordered both signs taken down; the order just has
not been enforced.
Mr. Funk noted an inventory of signs was conducted in the 1970's
and an amortization schedule established for abating the signs.
The only thing that has not been done is actually enforcing
abatement due to previous Council reluctance.
MOTION: Councilmember Baker moved Council grant the appeal and
allow the sign to stay as it is.
The motion died for lack of a second.
Councilmember Mullen stated although she is sympathetic with Mr.
Desai, she cannot support the sign at its current height.
MOTION: Councilmember Mullen moved Council allow the sign at a
height of 1216". The motion was seconded by Coun-
cilmember Luna and carried with Councilmember Baker
voting no. (4-1)
• MOTION: Councilmember Mullen moved should the sign at this
location be changed again (including name, height, or
color change) it must be brought into compliance with
the Sign Ordinance.
The motion died for lack of a second.
MOTION: Councilmember Mullen moved a list of non -conforming
signs be provided to Council and Council take a serious
look at enforcing the Sign Ordinance. The motion was
seconded by Councilmember Wuriu and carried with Coun-
cilmember Baker and Mayor Sheetz voting no. (3-2)
Continued to June 17th.
•.1 A. LNpWaDKWAMWUG Zlfflffl
s_w • _ • S
0 Continued to June 17th.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JUNE 8, 1992
PAGE 19
• C. NEW BUSINESS
Mr. Algert reviewed the request of Edna Eddy to assign Lease Site
90-90W to Sophie Hill, and to add Joanne M. Shiflett as an addi-
tional lessee. The assignment includes approval of additional
uses of seafood cafe and retail sales, and requires payment of
past due rent. Council is requested to amend the Resolution to
include Ms. Shiflett as an assignee.
Councilmember Luna asked if changing the uses precludes the site
from ever returning to its previous use? Mr. Algert stated no;
all previous uses are still included in the lease.
MOTION: Councilmember Mullen moved for the adoption of Resolu-
tion No. 70-92. The motion was seconded by Councilmem-
ber Wuriu and unanimously carried. (5-0)
• Continued to June 17th.
• • 1- M_Z_
MOTION: Councilmember Luna moved the meeting be adjourned to
June 17, 1992 at 6:00 p.m. in the Veteran Hall. The
motion was seconded by Councilmember Wuriu and unani-
mously carried. (5-0)
The meeting adjourned at 11:19 p.m.
Recorded by:
ARDITH DAVIS
City Clerk
• NOTICE OF ADJOURNED CLOSE D S E S S = ON
NOTICE IS HEREBY GIVEN, that the Morro Bay City Council
adjourned their Closed Session meeting on 27 May 1992, to
Thursday, 28 May 1992 at 5:00 p.m. in the City Hall
Conference Room, 595 Harbor Street, Morro Bay, CA, to
consider labor relations in accordance with Government Code
§54957.6(a).
DATED: May 27, 1992
ARDITH DAVIS, City Clerk
City of Morro Bay, California
11
L�
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION - MAY 28, 1992
• CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Sheetz called the meeting to order at 5:09 p.m.
PRESENT: Rose Marie Sheetz Mayor
John Baker Councilmember
Susan Mullen Councilmember
Tom Wuriu Councilmember
ABSENT: Ben Luna Councilmember
STAFF: Gary Mapper City Administrator
Judy Skousen City Attorney
Forrest Henderson Asst. City Admin.
E. CLOSED SESSION
E-1 GOVERNMENT
CODE.
654957.6(A). LABOR R_ELATI_ONS
E-2 GOVERNMENT
CODE
454956 9(Al PENDING LITIGATION
♦
SONIC
CABLE
LEASING CORPORATION
V CITY OF MORRO BAY,
CASE
NO.
CV
91 6171 AWT(JRX), US.
DISTRICT COURT, CENTRAL
DISTRICT
OF CALIFORNIA
♦
WILLIAMS
BROS MARKETS INC ET
AL V CITY OF MORRO BAY
ET
AL,
CASE
NO. 69397, SAN LUIS OBISPO SUPERIOR COURT
♦
CITY
OF
MORRO BAY V. CALIFORNIA
COASTAL COMMISSION,
CASE
•
NOS.
120512 AND 121637, SAN LUIS
OBISPO SUPERIOR COURT
♦
CAYUCOS
SANITARY
DISTRICT V CITY
OF MORRO BAY, CASE
NOS.
70420 AND
71224, SAN LUIS OBISPO
SUPERIOR COURT
♦
CAvnr_OS
SANITARY
DISTRICT V. CALIFORNIA
COASTAL• COMMISSION,
CASE NO. 71030, SAN LUIS OBISPO SUPERIOR COURT
MOTION: Councilmember Baker moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Wuriu and
unanimously carried. (4-0)
Mayor Sheetz read the Closed Session statement.
The meeting adjourned to Closed Session at 5:09 p.m. and returned to
regular session at 5:54 p.m.
F. ADJOURNMENT
MOTION: Councilmember Mullen moved the meeting be adjourned. The
motion was seconded by Councilmember Wuriu and unanimously
carried. (4-0)
The meeting adjourned at 5:54 p.m.
44�?z
R4ecorded • -��I
&1
Deputy City Clerk
171
%/12axr 02e�, / 9 q .2
City Of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life
which we all enjoy. We are committed to this purpose and will provide a level of municipal
service consistent and responsive to our public and its needs.
CLOSED SESSION - MAY 26, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
595 HARBOR ST., MORRO BAY, CA
E-1 GOVERNMENT CODE §54957.6(A), LABOR RELATIONS
E-2 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION, ROBERT GILBERT V.
CITY OF MORRO BAY, CLAIM NO. INI 0290067
REGULAR MEETING - MAY 26, 1992
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
•ouncil on City business matters (other than Public Hearings items under
ection D) may do so at this time. When recognized by the Mayor, please
come forward to the podium and state your name and address for the record.
Comments should normally be limited to three minutes.
OF FUTURE AGENDA ITEMS (CITY COUNCIL)
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 JOINT MEETING OF APRIL 30, 1992 WITH THE
RECREATION AND PARKS COMMISSION, AND THE REGULAR MEETING OF MAY 11,
1992
A-2 EXPENDITURE REPORT - APRIL 1992
A-3 STATEMENT OF INVESTMENTS - APRIL 1992
A-4 RESOLUTION NO. 57-92 ACCEPTING ANNUAL STATEMENT OF INVESTMENT POLICY
A-5 AWARD OF CONTRACT TO OGDEN ENVIRONMENTAL AND ENERGY SERVICES FOR
PREPARATION OF ENVIRONMENTAL IMPACT REPORT ON TEMPORARY EMERGENCY
DESALINATION FACILITIES
0-6 RESOLUTION NO. 55-92 COMMENDING BOB KILE FOR HIS COST-EFFECTIVE
MANAGEMENT OF HARBOR IMPROVEMENT PROJECTS
1
W7 WATER SUPPLY STATUS REPORT
A-8 RESOLUTION NO. 56-92 URGING SUPPORT FOR RETENTION OF CALIFORNIA
CONSERVATION CORPS IN SAN LUIS OBISPO COUNTY
A-9 SET HEARING DATE (JUNE 8) FOR APPEAL OF PLANNING COMMISSION DECISION
CONCERNING SIGN EXCEPTION PERMIT FOR MORRO BAY MOTEL (1100 MAIN
STREET; CASE NO. SIGN 02-92; DESAI, APPELLANT)
B. UNFINISHED BUSINESS
B-1 RESOLUTION NO. 59-92 DETERMINING UNPAID ASSESSMENTS, PROVIDING FOR THE
ISSUANCE OF BONDS PURSUANT TO THE "IMPROVEMENT BOND ACT OF 1915",
APPROVING A SUMMARY OF BOND ISSUANCE AND APPROVING THE FORM OF
PURCHASE CONTRACT; AND, RESOLUTION NO. 60-92 AWARDING SALE OF BONDS
(MIMOSA STREET SUPPLEMENTAL ASSESSMENT DISTRICT)
C. NEW BUSINESS
C-1 REQUEST TO EVALUATE CITY ORDINANCE NO. 395 MANDATING RETROFIT OF WATER
FIXTURES UPON SALE OR TRANSFER OF PROPERTY
D. PUBLIC HEARINGS, REPORTS & APPEARANCES
D-1 HEARING FOR APPEAL BY PROPERTY OWNERS OF CITY NOTICE TO ABATE WEEDS
0-2 REPORT ON PROPOSED REFUSE COLLECTION SERVICES OPTION OF $1 PER ORANGE
TRASH BAG
D-3 CONTINUED HEARING ON AWARD OF CONTRACT FOR PROJECT NO. RP 91-02,
RECREATIONAL PHASE OF TIDELANDS PARK
D-4 RESOLUTION NO. 58-92 DIRECTING THE PREPARATION OF AN ENGINEER'S REPORT
FOR LEVY OF ANNUAL ASSESSMENT FOR BAYSHORE BLUFFS MAINTENANCE
ASSESSMENT DISTRICT
D-5 ENGINEER'S REPORT ON STUDY OF ALTERNATIVE WASTEWATER EFFLUENT
RECLAMATION PROCESS (GALVANIC AGGLUTINATION)
D-6 CONSIDERATION OF ALTERNATIVE WATER RATE UTILITY SCHEDULE PROPOSED BY
ENTERPRISE ENGINEERING
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.
•
•
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION - MAY 26, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
Mayor Sheetz called the meeting to order at 5:15 p.m.
PRESENT: Rose Marie Sheetz
John Baker
Ben Luna
Susan Mullen
Tom Wuriu
ABSENT: None
STAFF: Gary Napper
Judy Skousen
Forrest Henderson
E. CLOSED SESSION
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
City Attorney
Asst. City Admin.
E-1 GOVERNMENT CODE 654957 6(A)LABOR RELATIONS
E-2 GOVERNMENT CODE 454956 9(A)PENDING LITIGATION, ROBERT
GI BERT V. CITY OF MORRO BAY CLAIM NO INI 0290067
E-3 GOVERNMENT CODE &54956 9(A)PENDING LITIGATION VOTERS
INITIATIVE COMMITTEE V CITY OF MORRO BAY CASE NO 71138
SAN L•UIS OBISPO SUPERIOR COURT
MOTION: Councilmember Wuriu moved the meeting be adjourned to
Closed Session. The motion was seconded by Councilmem-
ber Baker and unanimously carried. (5-0)
Mayor Sheetz read the Closed Session statement.
The meeting adjourned to Closed Session at 5:15 p.m. and returned
to regular session at 5:48 p.m.
F. ADJOURNMENT
MOTION: Councilmember Wuriu moved the meeting be adjourned.
The motion was seconded by Councilmember Baker and
unanimously carried. (5-0)
The meeting adjourned at 5:48 p.m.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 26, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
•
•
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 26, 1992
PAGE 2
Mayor Sheetz called the meeting to order at 6:00 p.m.
PRESENT: Rose Marie Sheetz
John Baker
Ben Luna
Susan Mullen
Tom Wuriu
ABSENT: None
STAFF: Gary Napper
Judy Skousen
Bill Boucher
Louise Burt
Ardith Davis
Don Funk
Forrest Henderson
Steve Wolter
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
City Attorney
Acting PW Dir.
Finance Director
City Clerk
Interim Comm.Dev.Dir
ASst. City Admin.
Rec. & Parks Dir.
Tom Geshay, Calvary Baptist Church, gave the invocation, and
Horace Strong led the Pledge of Allegiance.
Mayor Sheetz stated she was in Sacramento last week and had the
opportunity to speak to Carol Whiteside and Senator Maddy to urge
retention of the California Conservation Corps in San Luis Obispo
County. She gave them copies of the Resolution to be adopted
this evening as well as supporting documentation from other agen-
cies throughout the County.
Mayor Sheetz called Marci Mendibles of the CCC forward and read
the Resolution of support. Ms. Mendibles introduced two members
of the Corps and thanked the City for its support.
Mayor Sheetz called Bob Kile forward and read Resolution No.
52-92. She thanked Mr. Kile for his work on special projects,
notably the So. T-Pier reconstruction, and wished him well during
fishing season. Mr. Kile thanked Council and staff for their
support, and said he will probably be back in the fall if the
City has any more projects.
r1
LJ
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 26, 1992
PAGE 3
LW
1. Colby Crotzer, Arbutus Ave. and a member of the Recre-
ation and Parks Commission, stated he would like a correction
made to the minutes of March 30, 1992, page 3, which attributes
him as saying " ..professional fishermen and those using the
launch ramp should pay for the facility." He did not say that
and is very much against people having to pay for use of the
launch ramp.
2. Ed McCracken stated he is in favor of keeping the CCC
in San Luis Obispo County, and suggested perhaps a larger fee
could be paid for their services. The same work will certainly
cost the City more than the CCC would charge.
._._.. _ Wksj \ s _ rI
1. Mayor Sheetz requested an item be agendized at the next
meeting to rescind Council action of November 12, 1991, regarding
Measure H. Ms. Skousen explained a judge has signed an Order
which requires the City to rescind their November 12th motion
supporting the Coastal Commission recommendation. The Court did
not go further and specifically deleted any interpretation of
Measure H. It refused to accept the plaintiff's interpretation
of Measure H and refused to declare the City of Morro Bay had not
complied with Measure H at its February 24, 1992 hearing when it
adopted the LCP amendment and the City Council zoning map which
specifically designated the two "lung" shapes District Commercial
and left the remaining nine acres at the bottom to be Visitor
Serving.
Councilmember Mullen stated what the City Council did in Closed
Session on a 3-2 vote tonight was ignore the intent of Measure H
one more time and continue to push for Visitor Serving uses which
will now go before the Coastal Commission, be certified, and be
much more difficult to over -turn.
A.
A-1 CITY COUNCIL MINUTES OF THE JOINT MEETING OF APRIL 30, 1992
WITH THE RECREATION AND PARKS COMMISSION AND THE REGULAR
MEETING OF MAY 11, 1992
Mr. Napper recommended Council approve the minutes as submitted.
A-2 EXPENDITURE REPORT - APRIL 1992
Mr. Napper recommended Council approve the Expenditure Report as
submitted.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 26, 1992
PAGE 4
is
A-3 STATEMENT OF INVESTMENTS - APRIL. 1992
Mr. Napper recommended Council accept the Statement of file.
A-4 RESOLUTION NO 57-92 ACCEPTING ANNUAL STATEMENT OF INVEST-
MENT POLICY
Mr. Napper recommended Council adopt Resolution No. 57-92.
A-5 AWARD OF CONTRACT TO OGDEN ENVIRONMENTAL AND ENERGY SERVICES
FOR PREPARATION OF ENVIRONMENTAL IMPACT REPORT ON TEMPORARY
EMERGENCY DESALINATION FACILITIES
Mr. Napper recommended Council approve the services of both Ogden
and Woodward -Clyde to conduct the EIR for the desal facility in
an amount not to exceed $119,695.
A-6 RESOLUTION NO 55-92 COMMENDING BOB KILE FOR HIS COST-EFFEC-
TIVE MANAGEMENT OF HARBOR IMPROVEMENT PROJECTS
Mr. Napper recommended Council adopt Resolution No. 55-92.
A-7 WATER SUPPLY STATUS REPORT
Mr. Napper recommended Council accept the Report for file.
• A-8 RESOLUTION NO 56-92 URGING SUPPORT FOR RETENTION OF
CALIFORNIA CONSERVATION CORPS_JK_SAN LUIS OBISPO COUNTY
Mr. Napper recommended Council adopt Resolution No. 56-92.
Mr. Napper recommended Council set 08 June 1992 for Mr. Desai's
appeal hearing.
Councilmember Luna pulled Item A-5 for further discussion.
a, 47MI&M-EMPTIF I• - - - - - -
Councilmember Luna asked if the agency recommended to prepare the
EIR is the same who prepared the Santa Barbara desal EIR? Mr.
Boucher stated no, however, the Santa Barbara company did submit
on of the two proposals.
MOTION: Councilmember Wuriu moved for approval of the Consent
• Calendar with the corrections to the minutes as noted
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 26, 1992
PAGE 5
• by Mr. Crotzer. The motion was seconded by Councilmem-
ber Luna and unanimously carried. (5-0)
B. UNFINISHED BUSINESS
B-1 RESOLUTION NO 59-92 DETERMINING UNPAID ASSESSMENTS PROVID-
ING FOR THE ISSUANCE OF BONDS PURSUANT TO THE "IMPROVEMENT
BOND ACT OF 1915" APPROVING A SUMMARY OF BOND ISSUANCE AND
APPROVING THE FORM OF PURCHASE CONTRACT: AND RESOLUTION NO
60-92 AWARDING SALE OF BONDS (MIMOSA STREET SUPPLEMENTAL
ASSESSMENT DISTRICT)
Louise Burt stated this is a continuation of action taken last
summer to approve a supplemental assessment for the Mimosa Street
Assessment District. The project has been substantially com-
pleted, people have been notified of the assessment, and an
appeal hearing was held. The final action is to sell the bonds.
MOTION: Councilmember Luna moved for the adoption of Resolution
No. 59-92. The motion was seconded by Councilmember
Baker and unanimously carried. (5-0)
MOTION: Councilmember Baker moved for the adoption of Resolu-
tion No. 60-92. The motion was seconded by Councilmem-
ber Luna and unanimously carried. (5-0)
• C. NEW BUSINESS
REQUEST TO EVALUATE CITY ORDINANCE NO, MANDATING_
AgendaRETROFIT OF WATER FIXTURES UPON SALE OR TRANSFER OF PROPERTY
This item was pulled from the at the request of Mayor
Sheetz at the meeting.
D. PUBLIC HEARINGS, REPORTS & APPEARANCES
D-1 HEARING FOR APPEAL BY PROPERTY OWNERS OF CITY OTICE TO
ABATE WEEDS
Mr. Boucher stated the hearing this evening is to give property
owners an opportunity to appeal the notification requiring them
to remove weeds. Staff has received no written appeals to date.
He requested if appeals are heard this evening, they be referred
to staff for investigation and report back to Council.
Councilmember Luna asked how much the City has historically spent
for this project? Mr. Boucher said it varies; in earlier years
the City charged a minimal amount to abate the weeds for property
owners. However, more recently, charges have increased to actual
costs of coordinating and carrying out the project to where a
number of people are abating their properties themselves in order
• to avoid City charges which are attached to their tax bill.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 26, 1992
PAGE 6
• Mayor Sheetz opened the hearing to the public for comments; there
were no comments and the hearing was closed.
MOTION: Councilmember Luna moved Council close the appeal hear-
ing on the 1992 Weed Abatement Program. The motion was
seconded by Councilmember Wuriu and unanimously
carried. (5-0)
D-2 REPORT ON PROPOSED REFUSE COLLECTION SERVICES OPTION OF $1
PER ORANGE TRASH BAG
Mr. Upton stated at their last meeting Council requested the
garbage company provide a detailed break -down of costs to imple-
ment the $1/bag program. The information provided is based on an
effective date of July 1 and includes a rate increase for the
garbage company. It does not include an increase in the "pass
through" tipping fee for landfill costs which will also increase
garbage bills soon.
The recommendation from the Solid Waste Management Board is to
reconsider their previous recommendation not to institute an
orange bag program.
Mayor Sheetz asked if the one -can service is still available to
• customers? Tom Martin, representing Morro Bay Garbage Service,
stated it is still an option along with the up -to -six -can ser-
vice. He noted if the current rate structure is maintained, the
garbage company will still be seeking a 10% across-the-board
operating increase.
Councilmember Wuriu stated there appears to be a large increase
to standard service if the orange bag program is implemented, and
Morro Bay Garbage Service is estimating 55% of the customers
will subscribe to the bag program. He asked if the percentage is
less, will the costs go down to those who use the 6-can service?
Mr. Martin stated yes; however, 33% of the Morro Bay customers
currently use the one -can service and he anticipates more will
use the less -expensive bag program.
Councilmembers indicated they expected to see costs for orange
bag, one -can, aild standard service, and noted the one -can service
has been eliminated from the break -down of costs. Mr. Martin
responded it is not anticipated people will want the one -can ser-
vice if they can get the $1/bag service.
Councilmember Mullen requested copies of financial statements to
justify the rate increase. Mr. Upton stated he will furnish
copies to Councilmember Mullen.
Councilmember Luna asked how many bags per person are used is San
• Luis Obispo? Mr. Martin stated 3.61 bags per month.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 26, 1992
PAGE 7
• Councilmember Luna asked who has responded to the RFP for recy-
cling? Mr. Upton stated the RFP has not gone out yet; he antici-
pates it will be advertised in 1-1k weeks.
Councilmember Baker stated if residents use almost 4 bags per
month plus pay a monthly service charge, he does not see much
savings between the $1/bag service and one -can service.
Councilmember Mullen asked why the 2-6 can service was estab-
lished; she would like to see a break -down for volume -based
rates? Mr. Martin stated the City had a system like that at one
time, but it became so hectic a policy decision was made to move
away from it .
Councilmember Mullen questioned the costs of the waste -wheeler.
Mr. Martin stated it is a 90 gallon trash bin on wheels and costs
approximately $65. He noted he provides cans to subscribers of
this service. He also stated Council can arrange the fees any
way they want; the bottom line is he needs a certain amount of
money to operate.
Mayor Sheetz opened the hearing to the public for comments.
Mary Phillips spoke in favor of the $1/bag service and stated it
• works beautifully in San Luis Obispo. She said Council currently
puts the burden for garbage collection on the people who do not
create the problem. The City charges for the amount of water
people use; garbage should also be charged for volume.
Charles Palmer, 485 Estero Ave., made comments on his garbage
collection needs.
Sandra Santini, Chairman of the Solid Waste Management Board,
said the Board has studied this issue very carefully with the
goal in mind to keep the City clean at the least possible cost.
Morro Bay fees are the lowest in the County and perhaps in the
country. She does not believe a system that is working should be
changed. Ms. Santini also read a statement in which Councilmem-
ber Mullen, in a recent meeting, had questioned the statistics
developed for rates. Ms. Santini had responded if Councilmember
Mullen doubted the veracity of the rates, she is welcome to hire
an auditor to verify the figures. Ms. Santini stated Councilmem-
ber Mullen then accused her of being in the "pocket" of the
garbage company. Ms. Santini stated if Councilmember Mullen has
information on any illegal or unethical behavior by Ms. Santini,
she has a duty to make it public.
Ed Smith, Main Street, stated today's garbage service is the best
anyone has ever had. Compared with other costs, what the garbage
service does for the City is tremendous.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 26, 1992
PAGE 8
• Mayor Sheetz closed the hearing to the public.
Councilmember Mullen stated this really is not a vote of confi-
dence for the garbage service. The hearing is to review a way to
spread the costs to give incentives to those who reduce their
garbage. With regard to Ms. Santini's comments, Councilmember
Mullen stated she did meet with her last Saturday; Councilmember
Mullen shared her concerns with Ms. Santini that she, Tom Martin,
and Mike Upton were too close; that Councilmember Mullen could
predict just about every outcome from the SWMB. Councilmember
Mullen stated she did not imply there were improprieties or any-
thing illegal going on.
Councilmember Mullen noted she has a great interest in AB 939 and
believes the garbage rates need to reflect volume -based costs.
She believes recycling should be made easy and a financial incen-
tive given for people to recycle. She requested the item be
returned with a rate structure to include one -can service; and,
perhaps a rate schedule including the waste -wheel option.
Councilmembers Luna and Wuriu agreed one -can service should be
included.
Councilmember Baker stated it has always been difficult to
recruit for the Solid Waste Management Board. In spite of that,
• he believes the Board currently has intelligent and hard-working
people. He said the $1/bag service with a service charge and the
one -can service almost cost the same; he does not see the need
for a $1/bag service.
MOTION: Councilmember Baker moved Council adopt the recommenda-
tion of the Solid Waste Management Board of a 1-can
service at $5.55/month and raising standard refuse col-
lection service to $9.15/month. The motion was sec-
onded by Mayor Sheetz.
Mayor Sheetz stated when she first moved to this community, one
of the biggest problems was refuse; the City was a mess. When
mandatory garbage service was instituted, the City was cleaned
up. She noted Mary Phillips has been the only person advocating
this program. She does not believe instituting the $1/bag ser-
vice is in the best interests of the City.
Councilmember Mullen stated she will not support the motion; the
emphasis with regard to refuse should be reduce, re -use, and
recycle. She stated she supports volume -based rates; the present
program allows people to create as much garbage as they want. A
rate structure which includes the $1/bag program will give people
an incentive to reduce their waste.
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 26, 1992
PAGE 9
• Mayor Sheetz stated people who reduce their waste can benefit by
the one -can service. If mandatory garbage is eliminated, people
will simply use City dumpsters for their trash.
Councilmember Luna stated he also will not support the motion and
believes in volume -based rates. Councilmembers Luna and Wuriu
requested further analysis on $1/bag, one -can, and standard ser-
vice system.
The motion failed on the following vote:
AYES: Baker, Sheetz
NOES: Luna, Mullen, Wuriu
MOTION: Councilmember Mullen moved staff return with a new
report analyzing $1/bag, one -can, and standard service;
and, a program including the waste -wheeler service.
The motion was seconded by Councilmember Luna and car-
ried on the following vote:
AYES: Luna, Mullen, Wuriu, Sheetz
NOES: Baker
D-3 CONTINUED HEARING ON AWARD OF CONTRACT FOR PROJECT NO. RP
91-02. RECREATIONAL PHASE OF TIDELANDS PARK
• Mr. Wolter reviewed Council's past action regarding the bid for
this project. He stated he has obtained a bid extension from the
low bidder, Complete Development Services, to July 2, 1992. He
reviewed the grants received for this project noting he has
obtained extensions on all grants except for the contingency
grant monies from the State Coastal Conservancy ($18,000) which
is no longer available.
Mr. Wolter also reviewed portions of the project that can be
delayed without losing grant funds.
Councilmember Mullen asked why City funds have not been set aside
for this project? Mr. Napper stated the City has been trying to
secure grant funds as much as possible for this project; however,
there are certain items in which granting agencies are not inter-
ested in, such as restrooms and street improvements. The City
has just now reached the point where grant monies are exhausted
for this project.
Councilmember Luna asked how much construction needs to take
place in order to be in compliance with the settlement agreement?
Mr. Wolter replied the property owners are more interested in
park improvements rather than restrooms. He said the problem is
a major portion of the costs is for public works improvements.
Council policy in the past has been to require the City to make
• improvements that would be required of any other developer.
•
•
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 26, 1992
PAGE 10
Councilmember Baker noted Council discussed using insurance money
for this project at their budget workshop. Ms. Burt stated Coun-
cil discussed the matter, but did not take formal action to
transfer the funds.
Mayor Sheetz opened the hearing to the public for comments; there
were no comments and the hearing was closed.
MOTION: Councilmember Baker moved Council authorize the trans-
fer of $140,000 from the South T-Pier insurance funds
to replace the $140,000 taken from the General Fund for
other operating budget purposes in FY 1992-1993. The
motion was seconded by Mayor Sheetz.
Councilmember Luna said if certain portions of the project are
delayed, $140,000 is not needed for transfer. Mr. Napper said
that is correct; any insurance monies not used will go back into
the Harbor Fund.
The motion was unanimously carried. (5-0)
MOTION: Councilmember Wuriu moved for the adoption of Resolu-
tion No. 36-92. The motion was seconded by Councilmem-
ber Baker.
Councilmember Mullen stated the Resolution allocates the entire
$140,000 to the Tidelands Park project. Council should determine
which items will be eliminated from the scope of work.
Councilmember Baker was not in favor of cutting the project back;
the City will just have to go out to bid again on those items and
the costs may be higher. Councilmember Mullen stated the monies
being transferred were originally earmarked for harbor dredging.
She said Council should also consider the advisability of contin-
uing with a project of this type during lean economic times.
There was discussion as to which items should be postponed. Mr.
Napper suggested giving staff the authority to negotiate with the
contractor for the project on items to be eliminated or delayed.
MOTION: Councilmember Mullen moved Resolution No. 36-92 be
amended to allow staff to either reduce, re -negotiate,
or delay the computerized irrigation system controller,
compass plaza by restroom, topsoil import to reduce
water use and playground improvements to meet ADA
requirements portions of the project. The amended
motion was seconded by Councilmember Luna and unani-
mously carried. (5-0)
MINUTES - • •• BAY CITY COTACIL
PAGE 11
RESOLUTION NO, THE PRERARATION OF
NEER'S REPORT FOR LEVY OF ANNUAL ASSESSMENT FOR BAYSHORE
BLUFFS MAINTENANCE ASSESSMENT DISTRICT
Mr. Wolter stated this assessment district was formed in 1990 in
order for the homeowners at Bayshore Village to pay for mainte-
nance of Bayshore Bluffs Park which is a requirement of their
development agreement. The Resolution this evening directs staff
preparation of an Engineer's Report to levy the annual assess-
ment. At subsequent meetings the Council will be asked to
approve the report, hold a protest hearing, and confirm the
assessments.
Councilmember Luna asked if the costs will be detailed at the
June 8th meeting? Mr. Wolter stated yes.
Mayor Sheetz opened the hearing to the public for comments; there
were no comments and the hearing was closed.
MOTION: Councilmember Baker moved for the adoption of Resolu-
tion No. 58-92. The motion was seconded by Councilmem-
ber Wuriu and unanimously carried. (5-0)
Council recessed from 7:41 p.m. to 7:49 p.m.
• D-5 ENGINEER'S REPORT ON STUDY OF ALTERNATIVE WASTEWATER EFFLU-
ENT RECLAMATION PROCESS (GALVANIC AGGLUTINATION)
Mr. Napper introduced James Blair, special engineer hired by the
City to analyze the galvanic agglutination process, and turned
the matter over to him for a report.
Mr. Blair stated his presentation this evening will focus on
where the City should go from here with regard to reclamation.
The first phase of the project, examination of the Alexander pro-
cess, has been completed. Phase II is to determine the feasibil-
ity of water reclamation markets near the City; Phase III, plan-
ning; Phase IV, design; and Phase V, construction of the water
reclamation.
Mr. Blair reviewed current State water quality criteria as
applied to the Alexander process. The effluent from this process
does not meet the standards of either the Department of Health
Standards or Regional Water Quality Control Board.
Mr. Blair reviewed a check list used to determine the feasibility
of a project, and displayed a map of the City delineating land-
scape or agricultural areas which could potentially use non -
potable reclaimed water.
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 26, 1992
PAGE 12
• The planning process involves preparing funding and CEQA docu-
ments. He noted a list of bills relating to funding for reclama-
tion which are in the legislature at this time.
Mayor Sheetz asked what his analysis is of the Alexander process?
Mr. Blair stated water quality testing shows the process is not
suitable for irrigation of food crops and does not meet basic
standards set by the Department of Health Standards and the
Regional Water Quality Control Board.
Councilmember Mullen commented it appears in order for the City
to have a successful water reclamation program, the City is going
to have to do something about water softners. Mr. Blair agreed
the problem of intorducing concentrated salts into the wastewater
will have to be dealt with.
Councilmember Mullen asked why there is no mention of 1 million
gallon holding tank at the treatment plan for full secondary
treatment? Mr. Blair the City first has to decide how much
reclaimed water it needs.
Councilmember Mullen stated she found out indirectly the Alexader
process was tried 10 years ago. Why was Council not informed of
this? Mr. Napper stated it occurred more than ten years ago and
there is no documentation substantiating the findings. He said
• without documentation, he believed those interested in Mr.
Alexander's proposal would still want a study completed; and, he
was not entirely certain the two processes were the same. Based
upon that, the information was not given to Council because Mr.
Alexander, members of the public, and the Water Advisory Board
were very interested in the City pursuing this process.
Councilmember Mullen stated she finds it fascinating the process
was previously studied, did not work, and Council had not been
advised.
Councilmember Luna asked what the interest rate is on a 20-year
loan? Ms. Burt stated the average is 8% which includes adminis-
trative costs.
Councilmember Luna stated in Mr. Alexander's rebuttal to the
James Blair analysis, he points out the farm exchange concept was
not mentioned in Blair's report. Councilmember Luna asked Mr.
Alexander why that would make a difference if the process does
not meet standards allowing it to be used on ag land?
John Alexander stated he proposed to reclaim the water to be used
for agriculture by using the secondary treated water which is
sanitized, that comes out of the plant. He was told the City
cannot use the secondary treatment water for farm use at the pre-
sent time because we have to use the water to blend with the pri-
• mary treatment water which also has to be sanitized and if we
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 26, 1992
PAGE 13
• were to use secondary treated water for exchange to the farms we
will not have water to blend with the primary water to make it
legal for dumping. Mr. Alexander stated previous calculations
indicate it would cost $3.6 million to bring the treatment plant
up to secondary treatment to make it legal for dumping. His con-
tention is the agglutinated process could, for an investment of
$400,000, make the water of a quality for dumping.
If this is done, the City does not need to worry about exchanging
the agglutinated water with the farmers; however, the aggluti-
nated water is available for over 3/4 of the uses needed on a
farm. Mr. Alexander said the agglutinated water that has been
rejected as being contaminated and having an excess of sludge
which is hard to dispose of is not true. He stated he has advo-
cated the agglutinator not be used directly as a process for farm
irrigation. He agreed a lot of the sodium problem in water comes
from water softners. He said he was hired by the Water Softening
Institute six months ago to develop a plan so there would not be
any intrusion of salt from their process. He has been successful
in that program.
Mr. Alexander stated with $200,000 and some piping he could solve
all of Morro Bay's water problems forever.
Mayor Sheetz opened the matter to the public for comments; there
• were no comments and the hearing was closed.
Council asked numerous questions to which Mr. Blair responded.
MOTION: Councilmember Baker moved Mr. Blair be authorized to
make a written proposal for wastewater reclamation and
follow the advice of the Water Advisory Board. The
motion was seconded by Councilmember Wuriu.
Mr. Alexander made further comments regarding secondary treat-
ment. Mayor Sheetz asked if his process has been used in any
other city? Mr. Alexander stated it has been used in industry;
he is not suggesting it be used in Morro Bay. There is a way to
handle the water in the City's treatment plant without
agglutination.
There was discussion regarding farmers' willingness to partici-
pate in a reclamation process. Councilmember Luna stated this is
a subject he is not willing to make a major decision on this
evening based on the information he has.
MOTION: Councilmember Luna amended the motion for Council to
hold a reclamation workshop meeting in order to sort
through the various ideas and give staff clear direc-
tion on Council consensus. The amended motion was sec-
onded by Councilmember Mullen and unanimously carried.
• (5-0)
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 26, 1992
PAGE 14
• Councilmember Mullen requested notices of the meeting be sent to
local farmers inviting them to attend.
D-6 CONSIDERATION OF ALTERNATIVE WATER RATE UTILITY SCHEDULE
PROPOSED BY ENTERPRISE ENGINEERING
Mr. Burt reviewed the staff time, computer reports, and computer
modifications which may be required as a result of accepting Mr.
Palmer's free services for developing a water rate schedule. She
estimates anywhere from $5,700 to $16,200 in City costs to imple-
ment his proposal and provide him with the information he wants.
Ms. Burt stated Mr. Palmer's proposal splits the water customer
into two categories; residential and commercial with different
rate curves. She compared his schedule to the one proposed by
staff which will increase all rates by 25% to produce $1,750,000.
Mr. Palmer's proposal raises rates for all residents, 72% of the
business customers' and lowers the rates for the other 28% of the
business customers. In effect, it provides for a higher rate for
86% of the customers and a lower rate for 14% of the customers.
Ms. Burt recommended the matter be tabled.
Councilmember Mullen asked what average water use is used for the
basis of Ms. Burt's calculations? Ms. Burt stated the structured
• the rates based on the amount of revenue needed; not water use.
Councilmember Mullen stated she would like the average water use
figure so she can equally compare the City's proposal to Mr.
Palmer's.
Mayor Sheetz opened the hearing the public.
Charlie Palmer stated he wanted a half-hour of Council's time
just like Mr. Blair previously had this evening. Council was in
receipt of a document entitled."Proposed Water Rates for the City
of Morro Bay" prepared by Enterprise Engineering; Mr. Palmer
reviewed the document in detail. He noted his proposal contains
fee schedules to raise either $1,750,000 or $2,000,000 if Council
decides additional funds are necessary. He stated his proposal
is designed to encourage conservation and make people pay for the
water they actually use. He maintained under the City's schedule
95% of the customers, those who use 20 units or less of water,
have little incentive to conserve.
Councilmember Mullen asked given the current schedule Mr. Palmer
has developed, why is additional staff and computer time neces-
sary? Mr. Palmer stated the second phase of his proposal will
require computer time.
Councilmember Luna commented in Mr. Palmer's proposal, residen-
tial rate increases kick -in sooner than under the City's current
C�
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 26, 1992
PAGE 15
• schedule. Mr. Palmer pointed out every time the customer uses
another unit of water, the fee for that amount increases.
Mr. Palmer stated if Council adopts his rate schedule, water con-
sumption will go down and there will be no need for fines for
excessive water use.
Councilmember Luna asked Ms. Burt what her thoughts are on the
proposal. Ms. Burt stated it has some value for high -end water
users; however, will be detrimental to low -end business and
multi -family users. It will require additional staff time and
with her current workload, she cannot devote the time to this
project.
Mayor Sheetz asked Mr. Palmer why the City will need his services
if and after they adopt his proposed rate schedule? Mr. Palmer
stated to monitor the program month by month and watch for
changes. He noted he will be expected to be paid after one year.
Councilmember Mullen was concerned the City's proposal to raise
fees 25% will be insufficient and another rate increase will be
required by January 1993; she does not believe the amount of
water pumped will raise the fees anticipated by staff.
Councilmember Mullen stated she is in favor of volume -based water
• rates; if the City continues to use water at the rate we have
been for the last two months, volume -based water rates need to be
established to assert conservation. Ms. Burt stated the City has
been on volume -based water rates for approximately 10 years.
Mr. Palmer stated anything Ms. Burt can do with the rates, he can
do.
Councilmember Luna stated while the proposal appears to have
merit, he is concerned as to how the community will be affected.
After further discussion Council decided to continue the meeting.
MOTION: Mayor Sheetz moved the meeting be continued in order to
receive input from the business community. The motion
was seconded by Councilmember Wuriu.
Councilmember Mullen requested information from Ms. Burt on the
water use her revenue estimate is based on.
The motion was unanimously carried. (5-0)
PA
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 26, 1992
PAGE 16
• F.
MOTION: Councilmember Wuriu moved the meeting be adjourned.
The motion was seconded by Councilmember Baker and
unanimously carried. (5-0)
The meeting adjourned at 9:40 p.m.
Recorded by:
4H�
/t,
DA I
City Clerk
•
0
C'
•
•
),2�01 / �/ - &mod a-l�
• NOT = C E OF S P EC = AL MEET = NG
NOTICE IS HEREBY GIVEN, pursuant to Morro Bay
Municipal Code Section 2.08.110, that a Special Meeting
of the Morro Bay City Council is hereby called to be
held on Monday, 18 May 1992 at 5:00 p.m. in the City
Hall Conference Room, 595 Harbor St., Morro Bay, CA.
At said Special Meeting, Council shall adjourn to
Closed Session in accordance with Government Code
§54956.9(a), pending litigation in the following
matters:
1. Cavucos Sanitary District v. City of Morro
Bay. et al, Cases No. 70420 and 71224,
Superior Court, San Luis Obispo
2. Cavucos Sanitary District V. Coastal
Commission, Case No. 71030, Superior Court,
San Luis Obispo
3. City of Morro Bay v. Coastal Commission, Case
No. 120512, Superior Court, Santa Cruz
Notice is further given Council will consider, in
open session, acceptance of Coastal Commission permit
for two water wells and pipeline to P.G.&E.
• DATED: May 15, 1992
AOSEIE SHEETZ, Mayor
City of Morro Bay, California
• MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - MAY 18, 1992
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Sheetz called the meeting to order at 5:00 p.m.
PRESENT: Rose Marie Sheetz Mayor
John Baker Councilmember
Ben Luna Councilmember
Susan Mullen Councilmember
Tom Wuriu Councilmember
ABSENT: None
STAFF: Forrest Henderson ASSt. City Admin.
Judy Skousen City Attorney
Bill Boucher Acting PW Dir.
David Hunt Special Counsel
E. CLOSED SESSION
GOVERNMENT • • ' [1�3:LF_i+[��4�lii•12
CITY OF MORRO BAY V. CALIFORNIA COASTAL COMMI 0
CASE NOS, 120512 AND 121637;
CAYUCOS SANITARY DISTRICT V, CITY OF MORRO AY,
B CA
NOS, 70420 AND 71224;
YUCOS SANITARY DISTRICT V, CALIFORNIA
•_ • \ \ • 1 1 • COASTAL I
PEDERSEN V. CITY OF MORRO BAY, AND ESTATE OF
COURT
MOTION: Councilmember Wuriu moved the meeting be adjourned to
Closed Session. The motion was seconded by Councilmem-
ber Baker and unanimously carried. (5-0)
i
Mayor Sheetz lead the Closed Session statement.
The meeting adjourned to Closed Session at 5:00 p.m. and returned
to regular session at 6:08 p.m.
C-1 ACCEPTANCE of COASTAL COMMISSION PERMIT FOR TWO WATER WELLS
AND PIPELINE TO P.G.&E. (EMERGENCY DESALINATION PLANTI
Council announced action they took in Closed Session to accept
the conditions on the amended permit from the Coastal Commission
for the sea water wells and the discharge pipeline to P.G.&E.
•
• MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - MAY 18, 1992
PAGE 2
This meant they were settling, resolving, and would be dismissing
the litigation most recently filed against the Coastal
Commission.
F.
MOTION: Councilmember Mullen moved the meeting be adjourned.
The motion was seconded by Councilmember Luna and unan-
imously carried. (5-0)
The meeting adjourned at 6:10 p.m.
Re orded by:
FORREST HENDERSON
Deputy City Clerk
•
City Of Morro Bay
1 City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life
which we all enjoy. We are committed to this purpose and will provide a level of municipal
service consistent and responsive to our public and its needs.
CLOSED SESSION - MAY 11, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
595 HARBOR ST., MORRO BAY,'CA
E-1 GOVERNMENT CODE §54956.8, REAL PROPERTY NEGOTIATIONS; LEASE SITE
90/90W, 975 EMBARCADERO, EDNA EDDY
E-2 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION:
♦ SONIC CABLE LEASING CORPORATION V. CITY OF MORRO BAY, CASE NO. CV
91-6171, U.S. DISTRICT COURT
♦ CITY OF MORRO BAY V. CALIFORNIA COASTAL COMMISSION, CASE NO.
121637, SANTA CRUZ SUPERIOR COURT
♦ CAYUCOS SANITARY DISTRICT V. CITY OF MORRO BAY, ET AL., CASE NO.
70420, SAN LUIS OBISPO COUNTY SUPERIOR COURT
REGULAR MEETING - 1992
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 Hearings items under
Section D) may do so at this time. When recognized by the Mayor, please
come forward to the podium and state your name and address for the record.
Comments should normally be limited to three minutes.
DECLARATION OF FUTURE AGENDA ITEMS (CITY COUNCIL)
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 APRIL 27, 1992
A-2 STATUS REPORT ON CITY WATER SUPPLY
A-3 PROCLAMATION DECLARING MAY 11-17, 1992 AS "NATIONAL POLICE WEEK", AND
MAY 13, 1992 AS "POLICE MEMORIAL DAY"
•-4 NOTICE OF COMPLETION ON PROJECT NO. PW 91-10, NORTH T-PIER STRUCTURAL
REHABILITATION
FI
0-5 PROCLAMATION DECLARING MAY 10-16, 1992 AS "EMERGENCY MEDICAL SERVICES
WEEK"
A-6 RESOLUTION NO. 53-92 SUPPORTING CALIFORNIA COASTAL AND RIPARIAN
RESOURCES BOND ACT OF 1992 (SB 710/AB72)
A-7 PROCLAMATION DECLARING MAY 1992 AS "DEAF AWARENESS MONTH"
A-8 RESOLUTION NO. 50-92 AWARDING CONTRACT FOR 1992 CITY WEED ABATEMENT
SERVICES (PW NO. 91-04)
A-9 RESOLUTION NO. 45-92 ANNOUNCING FINDINGS AND AMENDING THE WATER ALLO-
CATION PROGRAM FOR 1992 AND RELATED OPERATING PROCEDURES; AND, RESOLU-
TION NO. 52-92 ANNOUNCING FINDINGS AND AMENDING THE CITY MASTER FEE
SCHEDULE TO INCLUDE RETROFIT APPLICATION FEES
A-10 RESOLUTION NO. 46-92 APPROVING NOTICE OF SUBSTANTIAL COMPLETION OF
MIMOSA STREET ASSESSMENT DISTRICT STREET IMPROVEMENT PROJECT
A-11 RESOLUTION NO. 49-92 ANNOUNCING FINDINGS AND UPHOLDING AN APPEAL OF
THE PLANNING COMMISSION'S ACTION APPROVING A 3-UNIT CONDOMINIUM CON-
VERSION, CASE NO. CUP 55-91/CDP 38-91/PM 02-91 (440 SHASTA AVENUE;
GREENING, APPLICANT/APPELLANT)
A-12 ESTABLISHMENT OF CITY COUNCIL BUDGET WORKSHOP SESSIONS
OL13 RESOLUTION NO. 51-92 APPROVING COUNTY OF SAN LUIS OBISPO AGREEMENT FOR
COLLECTION OF SPECIAL TAXES AND ASSESSMENTS
A-14 ACCEPTANCE OF RESIGNATION FROM COMMUNITY PROMOTIONS COMMITTEE (MORGAN)
B. UNFINISHED BUSINESS
B-1 COUNCIL SUB -COMMITTEE REPORT ON COMMUNITY GOALS SETTING PROCESS
B-2 COUNCILMEMBER REQUEST FOR RECONSIDERATION AND CLARIFICATION OF USING
ENTERPRISE ENGINEERING FOR INVENTORY OF COMMUNITY WATER FIXTURES
B-3 COUNCILMEMBER REQUEST TO CONTINUE DISCUSSION OF THE CONCEPTS OF
"BANKING" WATER RETROFIT EQUIVALENCIES AND ALLOWING WATER EQUIVALENCY
TRANSFERS BETWEEN PROPERTIES
C. NEW BUSINESS
C-1 RESOLUTION NO. 48-92 AWARDING MULTI -YEAR CONTRACT FOR OPERATION OF
CITY DIAL -A -RIDE SYSTEM (RFP NO. PW 92-09)
C-2 COUNCILMEMBER REQUEST TO DISCUSS PRE -AUTHORIZATION OF CITY COUNCIL
TRAVEL AND MEETING EXPENSES
C-3 REPORT ON CITY COMPLIANCE AND IMPLEMENTATION PLAN FOR FEDERAL
• AMERICANS WITH DISABILITIES ACT
2
D. PUBLIC HEARINGS. REPORTS & APPEARANCES
1 REQUEST FOR MOBILEHOME RENT REVIEW BOARD TO AMEND CITY MOBILEHOME RENT
STABILIZATION PROGRAM, AND PETITION FOR CITY TO INITIATE CIVIL ACTION
AGAINST MOBILEHOME PARK OWNER FOR VIOLATION OF CITY RENT CONTROL ORDI-
NANCE (ESTERO BAY RV PARK, 490 ATASCADERO RD.)
D-2 CONTINUED HEARING ON AWARDING CONTRACT FOR PROJECT NO. RP 91-02,
RECREATIONAL PHASE OF TIDELANDS PARK CONTINUE TO 26 MAY 1992
D-3 RESOLUTIONS NO. 47-92 AND 54-92 MAKING ENVIRONMENTAL DETERMINATIONS
AND APPROVING CONTRACTS AND AGREEMENTS FOR CITY SUBSCRIPTION TO STATE
WATER PROJECT (COASTAL BRANCH) AND ASSOCIATED WATER TREATMENT PLANT
FACILITIES; AND, CITY POSITION ON WHALE ROCK EXCHANGE OPTION
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.
E
•
• MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION - MAY 11, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
Mayor Sheetz called the meeting to order at 5:17 p.m.
PRESENT: Rose Marie Sheetz Mayor
John Baker Councilmember
Ben Luna Councilmember
Susan Mullen Councilmember
Tom Wuriu Councilmember
ABSENT: None
STAFF: Gary Napper City Administrator
Judy Skousen City Attorney
E. CLOSED SESSION
E-1 GOVERNMENT CODE §54956.8, REAL PROPERTY NEGOTIATIONS; LEASE
SITE 90/90W, 975 EMBARCADERO, EDNA EDDY
E-2 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION:
♦ SONIC CABLE LEASING CORPORATION V. CITY OF MORRO BAY,
CASE NO. CV 91-6171, U.S. DISTRICT COURT
• ♦ CITY OF MORRO BAY V. CALIFORNIA COASTAL COMMISSION, CASE
NO. 121637, SANTA CRUZ SUPERIOR COURT
♦ CAYUCOS SANITARY DISTRICT V. CITY OF MORRO BAY, ET AL.,
CASE NO. 70420, SAN LUIS OBISPO COUNTY SUPERIOR COURT
E-3 GOVERNMENT CODE 54956.9(C), DETERMINE WHETHER OR NOT TC
INITIATE LITIGATION
MOTION: Councilmember Wuriu moved the meeting be adjourned to
Closed Session. The motion was seconded by Councilmem-
ber Mullen and unanimously carried. (5-0)
Mayor Sheetz read the Closed Session statement.
The meeting adjourned to Closed Session at 5:15 p.m. and returned
to regular session at 5:57 p.m.
F. ADJOURNMENT
MOTION: Councilmember Luna moved the meeting be adjourned. The
motion was seconded by Councilmember Baker and unani-
mously carried. (5-0)
The meeting adjourned at 5:57 p.m.
0
•
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 11, 1992
PAGE 2
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 11, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Sheetz called the meeting to order at 6:04 p.m.
PRESENT: Rose Marie Sheetz
John Baker
Ben Luna
Susan Mullen
Tom Wuriu
ABSENT: None
STAFF: Gary Napper
Judy Skousen
Bill Boucher
Louise Burt
Ardith Davis
Don Funk
Forrest Henderson
Dave Howell
Steve Wolter
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
City Attorney
Acting PW Dir.
Finance Director
City Clerk
Acting Comm.Dev.Dir.
Asst. City Admin.
Police Chief
Rec. & Parks Dir.
Jeff Werst of the Vineyard Church in Los Osos gave the invoca-
tion, and Horace Strong led the Pledge of Allegiance.
1. Lynn Linhares, 488 Tahiti, stated she works with the
San Luis Obispo County Department of Animal Regulation. She said
Mayor Sheetz had no response at the Council's last meeting to
Councilmember Mullen's request for an apology for Mayor Sheetz's
remarks about dog catchers. Ms. Linhares stated Mayor Sheetz
owes an apology to Animal Regulation and to Councilmember Mullen,
and requested the Mayor apologize.
2. Ann Freeman, 785 Cabrillo Place, congratulated Coun-
cilmember Mullen who will be honored in San Luis Obispo County as
one of six women who have been chosen for outstanding leadership
and accomplishments.
3. Mary Phillips, Ironwood Ave., spoke against using
desalted water, and read from letters which questioned the health
and safety of the process.
4. Bruce Risley, Piney Way, handed Council an article from
• Newsweek Magazine regarding attorneys, and stated attorneys have
an economic interest in cultivating conflict. He said it is time
for Council to show leadership in the community by limiting
litigation.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 11, 1992
PAGE 3
• 5. John Linhares, 2718 Alder, gave Council a newspaper
article regarding the way to handle lay-offs. He believes it is
the objective way to go.
6. Warren Dorn, 212 Beach St., encouraged Council to adopt
Resolution No. 53-92 on the Consent Calendar which supports the
California Coastal and Riparian Resources Bond Act of 1992 (SB
710/AB72).
7. Ray Kaltenbach, 473 Sicily, spoke in opposition to the
retrofit program.
8. Ed McCracken stated he worked 28 years for the Gas Com-
pany before his retirement, and recently read a "Report on 120
Year of Programs" by the Gas Company. It noted throughout all
the years the Gas Company has been in business, including during
the depression, they have never had to lay-off a single employee.
He said other things were done to prevent it such as pay cut-
backs, vacation without pay, four -day work weeks, etc.
9. Charles Palmer, Estero Ave., said on Item D-3, State
Water contracts, prohibits the City from exchanging water with
the Whale Rock Commission.
10. Bob Staller, 1800 Atascadero Road, stated he has an
• avocado farm just outside the City limits. He encouraged Council
to get involved in reclamation; the farmers will use it and this
will release more water for the community and recharge existing
basins.
11. Roger Ewing called for a change in the City's legal
representation. He understands the City Attorney's contract is
up in June and she earns $200,000 a year as a part-time City
Attorney. It's time the Council hired a full-time attorney.
12. John Greenville, representing the Commercial Fisher-
men's Organization, presented the City with a check in the amount
of $750 to help defray costs of Mayor Sheetz's trip to Washing-
ton, D.C. in support of the Harbor Entrance Project. He stated
the monies are part of the Al French Memorial Fund which is to be
used for harbor safety. Mayor Sheetz thanked Mr. Greenville and
the Commercial Fishermen's Organization for their donation.
Mayor Sheetz requested the City Attorney announce a Council deci-
sion made in Closed Session. Ms. Skousen stated the City Coun-
cil, in Closed Session, discussed the offer by Sonic to donate
attorneys fees they might receive from the City to the Youth Bas-
ketball program and other charitable causes. She explained the
Court has yet to make a decision as to whether the City will have
to pay attorney's fees and to accept Sonic's offer is premature.
• Ms. Skousen said Sonic is asking for $31,000 in attorneys fees on
this matter, while the City's special counsel has only cost
$16,000; it is possible $31,000 in fees is not justified.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 11, 1992
PAGE 4
• Mayor Sheetz stated if Sonic is sincere about the donation, they
should still be willing to offer it after the court decision.
CLARATION OF FUTURE AGENDA—TTEMS
1. Councilmember Luna requested consideration of rescind-
ing the lay-off notices be scheduled under Public Hearings at the
next Council meeting.
2. Councilmember Wuriu requested an agenda item be sched-
uled to set a policy on the termination of Council meetings at a
certain time. He noted the last meeting adjourned at 12:50 a.m.,
and that is too late to be making decisions with clarity.
3. Councilmember Mullen requested a letter of support for
the California Conservation Corps be written to Governor Wilson.
She noted recent newspaper articles announcing the program will
be eliminated in this area, and the Corps has accomplished many
projects in Morro Bay.
4. Councilmember Mullen requested a letter be written to
support bills currently going through the Federal legislative
process regarding wastewater reclamation and funding therefor.
5. Councilmember Mullen noted a recent letter from County
• Supervisor Laurent to Linda Merrill regarding safety problems on
South Bay Blvd. and suggestions for correction. She requested
this item be referred to the Streets and Trees Committee for
recommendations.
6. Mayor Sheetz requested the ordinance requiring manda-
tory retrofit upon sale of a house be scheduled for discussion at
a future Council meeting.
A. CONSENT CALENDAR
A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF APRIL 27
1992
Mr. Mapper recommended Council approve the minutes as submitted.
A-2 STATUS REPORT ON CITY WATER SUPPLY
Mr. Mapper recommended Council receive the report for file.
A-3 PROCLAMATION DECLARING MAY 11-17, 1992 AS "NATIONAL POLICE
WEEK". AND MAY 13, 1992 AS "POLICE MEMORIAL DAY"
Mr. Mapper recommended Council authorize the Mayor to sign the
Proclamation.
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 11, 1992
PAGE 5
• A-4 NOTICE OF COMPLETION ON PROJECT NO PW 91-10 NORTH T-PIER
STRUCTURAL REHABILITATION
Mr. Napper recommended Council accept the project as complete,
and authorize the City Clerk to file the Notice of Completion.
A-5 PROCLAMATION DECLARING MAY 10-16, 1992 AS "EMERGENCY MEDICAL
SERVICES WEEK"
Mr. Napper recommended Council authorize the Mayor to sign the
Proclamation.
A-6 RESOLUTION NO 53-92 SUPPORTING CALIFORNIA COASTAL AND
RIPARIAN RESOURCES BOND ACT OF 1992 (SB 710/AB72)
Mr. Napper recommended Council adopt Resolution No. 53-92.
A-7 PROCLAMATION DECLARING MAY 1992 AS "DEAF AWARENESS MONTH"
Mr. Napper recommended Council authorize the Mayor to sign the
Proclamation.
A-8 RESOLUTION NO, 50-92 AWARDING CONTRACT FOR 1992 CITY WEED
ABATEMENT SERVICES (PW NO. 91-04)
Mr. Napper recommended Council adopt Resolution No. 50-92.
A-9 RESOLUTION NO, 45-92 ANNOUNCING FINDINGS AND
WATER ALLOCATION PROGRAM FOR 1992 AND RELAT 0
PROCEDURES; AND, RESOLUTION NO. 52-92 ANNOUN
AND AMENDING THE CITY MASTER FEE SCHEDUL C U
RETROFIT APPLICATION FEES A
Mr. Napper recommended Council adopt Resolution No. 45-92 and
52-92.
TION OF MIMOSA STREET ASSESSMENT DISTRICT STREET IMPROVEMENT
AH"'ir,
Mr. Napper recommended Council aelopt R 'ut4 Ne
- •'
Mr. Napper recommended Council Resolution No. 49-92.
A-12 ESTABLISHMENT OF CITY COUNCIL BUDGET WORKSHOP SESSIONS
. Mr. Napper recommended Council pull this item from the Consent
Calendar, and determine the extent and schedule for the Budget
Workshops.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 11, 1992
PAGE 6
RESOLUTIONNO, '.• •JN__ OF LN LUIS • _ ••
AGREEMENT FOR COLLECTION OF SPECIAL TAXES AND ASSESSMENTS
Mr. Napper recommended Council adopt Resolution No. 51-92.
A-14 ACCEPTANCE OF RESIGNATION FROM COMMUNITY PROMOTIONS COMMIT-
TEE (MORGAN)
Mr. Napper recommended Council accept Ms. Morgan's resignation
from the Community Promotions Committee, and authorize staff to
advertise the vacant position.
Mayor Sheetz pulled A-12 from the Consent Calendar for separate
discussion; Councilmember Baker pulled A-4; Councilmember Mullen
pulled A-2; and Councilmember Wuriu pulled A-9.
MOTION: Councilmember Baker moved for the approval of the Con-
sent Calendar except for Items A-2, A-4, A-9, and A-12.
The motion was seconded by Councilmember Luna and unan-
imously carried. (5-0)
A-2 STATUS_ -SPORT ON CITY W
Councilmember Mullen was concerned water use is up 32% from last
year at this time. She asked if the City should put a heavier
• emphasis on conservation. Mr. Boucher stated as of May 8th, the
use was 20% above last year. He noted well levels are typically
lower in the fall of every year, and recommended citizens
continue to practice conservation measures.
Councilmember Mullen believed the public should be made aware
they are using more water than they did last year, and encouraged
to conserve.
A-4 NOTICE OF COMPLETION ON PROJECT NO PW 91-10 NORTH T-PIER
STRUCTURAL REHABILITA'T'ION
Councilmember Baker was concerned the sprinkler system was not
included in the North T-Pier rehab. Mr. Napper stated that is
the next phase of the project which will be put out to bid
shortly.
A-9 RESOLUTION NO. 45-92 ANNOUNCING FINDINGS AND AMENDING THE
WATER ALLOCATION PROGRAM FOR 1992 AND RELATED OPERATING PRO-
CEDURES: AND RESOLUTION NO 52-92 ANNOUNCING FINDINGS AND
AMENDING THE CITY MASTER FEE SCHEDULE TO INCLUDE RETROFIT
APPLICATION FEES
Councilmember Wuriu questioned the reason Council is in favor of
a three-month turn -around for people to use their water equiva-
lencies? Mayor Sheetz stated two months is not enough time if
people have to arrange financing and prepare their plans.
Councilmember Mullen commented the fees seem high at $200 for an
application and $25 for inspection fee. Mr. Funk stated a con-
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 11, 1992
PAGE 7
• siderable amount of time was spent analyzing the time it takes to
process retrofit applications; the fees reflect actual costs to
reimburse the City.
Councilmember Mullen requested the Planning Department track the
process to determine if the fees are realistic.
A-12 ESTABLISHMENT OF CITY COUNCIL BUDGET WORKSHOP SESSIONS
Councilmember Mullen stated she is not available Thursday, May
14th. Council discussed the number of meetings and decided to
start this week with the three general meetings with the City
employees, and then schedule only six more. Staff was directed
to set a schedule in which the first three meetings this week
will be with employees to review their suggestions for budget
cuts; and, six more meetings be scheduled for review of individ-
ual departments with more than one department scheduled each
evening.
MOTION: Councilmember Luna moved for the approval of Items A-2,
A-4, A-9, and A-12 as amended. The motion was seconded
by Councilmember Wuriu and unanimously carried. (5-0)
B. UNFINISHED BUSINESS
• B-1 COUNCIL SUB -COMMITTEE REPORT ON COMMUNITY GOALS SETTING
PROCESS
Councilmember Luna stated a Sub -Committee on Community Goals was
established during the joint meeting between the Council and
Planning Commission last year. Since that time, Sub -Committee
members consisting of him, Councilmember Baker, and Planning Com-
missioners Melvin and Peters have met to develop the program
which will be called Destination 2000. Councilmember Luna
reviewed the purpose of the committee which is to develop a
vision of what Morro Bay is and what it ought to be; to make the
City pro -active as opposed to reactive. He noted the various
components of the community which will be represented on the com-
mittee. He stated former Mayor Bud Zeuschner has agreed to
facilitate the committee at no expense to the City. Councilmem-
ber Luna said the Sub -Committee's recommendation is for the Coun-
cil to direct the Sub -Committee to proceed in developing the
program.
Councilmember Baker, a member of the Sub -Committee, emphasized
the components of the program had been thoroughly studied. He
commended Bud Zeuschner for offering his services to the commit-
tee, and stated he appreciated Mr. Melvin's expertise in the
planning area.
• Councilmember Luna emphasized the Sub -Committee is striving to
make the committee non -political. They want people from the
"silent majority" to be on the committee; those not usually seen
in the political arena.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 11, 1992
PAGE S
• Councilmember Wuriu believes it is a marvelous idea and should be
supported by Council. He said there is a big split in town which
prevents the City from moving forward.
Councilmember Mullen stated she would like to see a small
brochure of City goals and background to come out of the commit-
tee. There was discussion of previous community goals committees
in Morro Bay and it was noted some of the goals from those com-
mittees have been incorporated in this program.
MOTION: Councilmember Baker moved for approval of the Sub -Com-
mittee's recommendation to accept the report for file,
and directed the goals Sub -Committee to proceed in
developing the program. The motion was seconded by
Councilmember Luna and unanimously carried. (5-0)
Mayor Sheetz stated Council should decide on the selection proce-
dure for the committee members.
MOTION: Mayor Sheetz moved the Sub -Committee pre -interview com-
mittee applicants and make recommendations to Council
for ratification. The motion was seconded by Coun-
cilmember Wuriu and unanimously carried. (5-0)
Mayor Sheetz stated it is 7:00 p.m. and time to take up Public
• Hearing matters; however, would like to take Item C-1 regarding
the Dial -a -Ride contract out of order and consider it at this
time. Council had no objections.
C. NEW BUSINESS
Mr. Upton reviewed the process of soliciting proposals from tran-
sit contractors and noted two proposals were actually received;
one from the current contractor, Medi-Ride, Inc., and the other
from Mayflower Contract Services, Inc. After an evaluation com-
mittee reviewed the proposals, their recommendation is for Coun-
cil to award the contract to Mayflower for a first year operating
cost of $133,319. He noted this amount is over the proposed bud-
geted amount, however, Area Coordinating Council staff advises
the City can expect an additional $5,936 in TDA funds which will
more than cover the $3,319 difference between the budget and the
contract.
Mr. Upton stated staff is recommending Council approve Alternate
3 of the service level options which excludes Saturday service
and reduces the average operating hours. Mr. Upton introduced
John Monson and Beverly Johnson of Mayflower, Inc. and Diane
• Williams who is the current site manager of the City's Dial -a -
Ride system. He noted Mayflower plans to retain as many existing
personnel as possible.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 11, 1992
PAGE 9
• Jim Olsen, member of the Ad -Hoc Transportation Committee, stated
the Committee unanimously recommends Council approve the staff
recommendation on this item.
Councilmember Wuriu asked about the elimination of Saturday ser-
vice. Mr. Upton stated that is a result of financial constraints
in the FY 1992-93 budget. However, if additional funds become
available, the contract has the flexibility of being amended to
reinstate the service. He noted Morro Bay is the only City in
the County that provides Saturday service.
MOTION: Councilmember Luna moved for the adoption of Resolution
No. 48-92 awarding RFP No. PW92-097 to Mayflower Con-
tract Services, Inc. to operate and manage the Morro
Bay Dial -a -Ride system. The motion was seconded by
Councilmember Baker and unanimously carried. (5-0)
• : '- _ S Do
_ ' • : _ :_:_:_�
• Ms. Skousen reported on a recent League of California Cities City
Attorney's meeting in which 20 city attorneys studied and dis-
sected the Yee v. Escondido ruling in which the Supreme Court
ruled Ecsondido's ordinance did not constitute a physical
"taking" of mobilehome park owners' property rights. It was
their consensus the issue is not resolved in that the Supreme
Court did not settle the question of whether the ordinance con-
stitutes a "regulatory taking". There is a disagreement between
park owners and tenants regarding this and lawsuits have already
been filed by park owners to put this question before the courts.
Ms. Skousen recommended Council leave the City's ordinance as it
is until the matter is finally settled which could take three to
five years. Amending the ordinance to satisfy the tenants will
leave the City open to the lawsuits being filed by park owners
and the City will be a part of the costs of on -going litigation
for the next several years. If the ordinance is left alone, the
City can amend it after the court's final ruling.
Councilmember Luna asked what is the chance of the City getting
sued by the tenants if the ordinance is not amended? Ms. Skousen
stated the City cannot be sued for not adopting an ordinance; the
only way the City can be forced to adopt an ordinance is through
the initiative process. The City is not required to have a rent
control ordinance.
• Mayor Sheetz opened the hearing to the public for comments.
Randall Cook, 780 Piney Way and attorney representing park ten-
ants, spoke in favor of vacancy control which would limit the
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 11, 1992
PAGE 10
• rent increase when mobilehomes change owners. He does not
believe the park owners' lawsuits will be successful because they
will be unable to show the law unfairly singles out the property
owner to bear a burden that should be borne by the public. He
said if a number of lawsuits have been filed, the City can ride
along with other cities to minimize costs.
Ernie Price, President of the Blue Heron Terrace Mobilehome-
owners' Association, said the City is receiving misinformation
from the City Attorney. He said in addition to requesting coun-
cil amend the ordinance to re -institute vacancy control, the ten-
ants are requesting three other amendments: Allow people who
have second homes in mobilehome parks in Morro Bay to be covered
by rent control; place an enforcement section in the Municipal
Code to eliminate the necessity of going to court to settle dis-
putes; and change the Rent Review Board from the City Council to
one park owner, one tenant, one City Councilmember, and two open-
minded citizens.
Ray McKilligott listed the cities that have vacancy control in
their ordinances.
Bruce Risley stated a mobilehome owner loses $5,000 to $10,000
when he sells his home because of vacancy decontrol. The ques-
tion is, which side is Morro Bay on? Park owners or tenants?
• Mayor Sheetz returned the matter to Council.
Mayor Sheetz stated she agrees with Ernie Price about part-time
owners being allowed to take advantage of rent control. She
asked Mr. Henderson to explain the rationale for that provision
of the ordinance. Mr. Henderson stated one of the findings the
Council made when the ordinance first came before Council was
there is a need for affordable housing in Morro Bay, and this was
one method of providing it. If a person lives elsewhere and uses
his mobilehome in Morro Bay as a second residence, it follows he
is not using a mobilehome for affordable housing purposes.
Ms. Skousen stated the Council was also attempting to make a sim-
ple definition between mobilehomes and RVs. One of the criteria
was that a second home or RV does not meet the purpose of the
ordinance to provide rent protection for low-income people who
could not afford increases in space rent.
Councilmember Luna noted a provision in the City of San Luis
Obispo ordinance which requires the park owner to set the
increase for all spaces at the beginning of the year and that fee
is set for the entire year. Ms. Skousen stated she has not read
the section, but it may be feasible for Morro Bay.
• Councilmember Luna requested the City Attorney comment on Mr.
Cook's statements. Ms. Skousen stated in the long run, the
cities may prevail. Her recommendation is based on saving the
City from the expensive litigation that will take place before
the matter is settled.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 11, 1992
PAGE 11
MOTION: Councilmember Mullen moved staff be directed to prepare
an amendment to the rent control ordinance to reinstate
vacancy control; allow second -home mobilehome owners to
take advantage of the rent control ordinance; place an
enforcement section in the ordinance to eliminate the
necessity of going to court to settle disputes; and
change the Rent Review Board from the City Council to
one park owner, one tenant, one City Councilmember, and
two open-minded citizens. The motion was seconded by
Councilmember Wuriu and unanimously carried. (5-0)
Ms. Skousen stated the other issue involves tenants of the Estero
Bay RV Park who have been over -charged for rent for the last sev-
eral years. She stated the ordinance was written specifically to
allow tenants to refuse to pay rents in violation of the ordi-
nance. The tenants at Estero Bay are requesting the City take
action to protect them under the ordinance. Although the City
suing the park owner on the tenants' behalf is an option, Council
must determine whether it is appropriate to use City funds for
defense of the tenants. The options for the tenants are to
refuse to pay the higher rents, hire a private attorney to take
action on their behalf, or petition the Rural Legal Aid Society
to help them.
• Ms. Skousen stated the park owner has been meeting with Forrest
Henderson who administers the rent control ordinance, and they
are attempting to resolve the problem. Apparently, the park
owner was not aware he was charging rents in violation of the
ordinance, and now wishes to mediate an agreeable settlement.
Mr. Henderson stated the park owner is willing to resolve the
matter, and recommended Council all him to negotiate a settlement
between the park owner and tenants.
Gordon Padfield, Estero Bay RV Park owner, stated the park is an
RV park, not a mobilehome park. He said he is willing to negoti-
ate a settlement with Mr. Henderson.
Willow Kelly stated although she does not live in Estero Bay RV
Park, she is representing the people who do. They have been
afraid to come forward and complain for fear of retribution from
the park owner. She stated in 1986 the rent space for this park
was $150 to $160 per month. According to the rent control ordi-
nance, the highest it can be today is $182.23; however, the park
owner charges $252 per month. She stated there is a form for
park owners to fill out when they increase their rent; why not a
form for tenants to fill out when they wish to protest increased
rents?
Mayor Sheetz asked Ms. Kelly if the Estero Bay tenants would be
agreeable to negotiating this matter with Mr. Henderson and the
Spark owner? Ms. Kelly said it is a step in the right direction.
Randall Cook stated tenants hesitate to step forward when they
are wronged; often times they are elderly and scared of retribu-
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 11, 1992
PAGE 12
• tion. He suggested amending the ordinance to allow the City to
prosecute on behalf of the tenants.
MOTION: Councilmember Baker moved the park owner and tenants
meet with Mr. Henderson in an effort to resolve the
problem in Estero Bay RV Park. The motion was seconded
by Councilmember Luna and unanimously carried. (5-0)
Council recessed from 8:10 p.m. to 8:21 p.m.
D-2 CONTINUED HEARING ON AWARDING CONTRACT FOR PROJECT NO RP
91-02. RECREATIONAL PHASE OF TIDELANDS PARK CONTINUE TO 26
MAY 1992 - -
Mr. Napper stated staff has been researching this matter and,
while it appears there is some flexibility in extending grants,
he requested Council continue this item until written verifica-
tion is received.
MOTION: Councilmember Baker moved this item be continued to May
26, 1992. The motion was seconded by Councilmember
Wuriu and unanimously carried. (5-0)
Bill Boucher reviewed the State Water Project interagency agree-
ments noting the County has set a tight timeframe on approval in
order to meet the State's deadline for agencies to advise of
their participation in the State Water Project. One of the
City's objections to the agreement is the language in Section
6(b) which contains limitations on the use of State Water Project
water and requires the City to adopt a water management plan.
Staff is recommending the agreement be signed with this paragraph
stricken. Morro Bay has consistently asserted this is local pol-
icy and not something to be imposed by an outside agency. He
noted the County recently agreed to eliminate the paragraph from
the Shandon Community Services District; perhaps they will now
allow the same consideration Morro Bay.
Mr. Boucher discussed the possibility of a Whale Rock exchange of
water; this will eliminate the necessity of building a waterline
to pipe water to Morro Bay from the State Water Project. It is
unknown at this time whether or not the Whale Rock Commission
would be amenable to an exchange. There are also concerns the
City may have the additional expense of building a separate water
treatment plant; and, the fact if the Whale Rock Commission
agrees to an exchange of water, they may not give the City a 1:1
• ratio of Whale Rock water in exchange for State water. Mr.
Boucher stated the City will still be paying for State water.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 11, 1992
PAGE 13
• Ms. Skousen reviewed the Resolution approving the environmental
determination. Councilmember Luna was concerned the findings for
the resolution do not include language regarding a Whale Rock
exchange of water for State water. Ms. Skousen stated it cannot
be addressed because an agreement has not been reached with the
Whale Rock Commission. The deadlines established by the State do
not allow time for an agreement to be reached with the Whale Rock
Commission. If the City is not able to negotiate an agreement
with the Commission, the County wants to make sure Morro Bay will
pay for everything to bring State water to Morro Bay. It is pos-
sible to amend the agreement with the County if an agreement with
the Whale Rock Commission can be reached at a later date.
Councilmember Mullen said there needs to be language throughout
that Morro Bay wants to exchange State water for Whale Rock water
if possible.
Councilmember Baker stated he is not sure the City should go with
a Whale Rock exchange. Whale Rock water is subject to the same
weather patterns as Morro Bay; if there is another drought, it
will affect the water available from Whale Rock.
There was considerable discussion regarding the possibility of an
exchange of State water for Whale Rock water.
• Mayor Sheetz opened the hearing to the public for comments.
Mary Phillips stated the people voted for State water, not Whale
Rock water. Council will have another lawsuit on their hands if
they try to substitute Whale Rock water.
Ed Smith, Marina Street, said the same people who fought against
State water are still trying to keep it from the people. A
pipeline from the State Water Project to Morro Bay was fully
explained and bought by the people of Morro Bay at the voting
polls. To do otherwise is a diversion of the people's will.
Ray Kaltenbach, Sicily Street, stated more people voted in favor
of Nacimiento water than State water. He said people who voted
in favor of State water vote for a blank check; it is not yet
known what costs will be. He said Clint Milne is the "biggest
liar that ever lived" when discussing costs of the State Water
Project.
Charles Palmer, Estero Avenue, stated the last paragraph in the
contract precludes Morro Bay from participating in a Whale Rock
exchange.
Mayor Sheetz closed the hearing to the public and returned the
matter to Council.
• Mayor Sheetz asked Ms. Skousen what the bottom line is with
regard to the contracts? Mr. Skousen stated because of the peo-
ple's initiative and the County's position they must have the
contract signed by May 15th, Council has no choice but to autho-
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 11, 1992
PAGE 14
. rize the contracts tonight. Councilmember Mullen stated this is
outrageous. Ms. Skousen stated City staff, the Mayor, and Coun-
cil have been trying to get the County to change the wording in
the contract for two months and they have not done so. Council
has to authorize the contracts if the City is to participate in
the State Water Project.
Councilmember Luna stated he is concerned about the Water Treat-
ment and Local Facilities Agreement, page 20, §17(a) which allows
the contractor to sell water to other contractors without the
authority of the City. Ms. Skousen stated the contractor cannot
reduce the amount of water Morro Bay receives. If there is
excess water, they can sell it and it may reduce the cost to the
City.
Councilmember Luna stated the agreements detail the obligations
of the City and the County, but do not list the obligations of
the Central Coast Water Authority. What are their obligations?
Ms. Skousen said their only obligation is to treat the water to
health standards.
Councilmember Luna asked if Ms. Skousen can raise the concerns
expressed by Council this evening? Ms. Skousen stated she will
raise them in letter form, attend the meeting, and lobby for the
changes. Councilmember Luna wanted the Council's concerns to go
• into the record.
Councilmember Baker said he agrees with Mary Phillips; the people
voted for State water and that is what they should have. He said
he will not agree to a Whale Rock exchange unless it is on an
equal (1:1) basis. He does not want Morro Bay to be dependent on
Whale Rock alone.
Councilmember Luna referred to the Water Treatment Agreement,
page 15, (c), and asked if it prohibits Morro Bay from developing
wastewater reclamation? Ms. Skousen stated no; it does not pre-
clude Morro Bay from obtaining additional sources of water. it
means Morro Bay cannot allow another water district to compete
with the State Water Project in Morro Bay. Councilmember Luna
asked if Morro Bay could also go ahead with Nacimiento water?
Ms. Skousen stated yes; we just cannot allow another water com-
pany to sell water to Morro Bay citizens and then say we do not
need State water any longer.
MOTION: Councilmember Wuriu moved for the adoption of Resolu-
tion No. 52-92. The motion was seconded by Councilmem-
ber Baker.
Councilmember Luna stated there is language within the documents
that concerns him and about which he has reservations; however,
will vote in favor of the resolutions because of the initiative.
• The motion was unanimously carried. (5-0)
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 11, 1992
PAGE 15
• MOTION: Mayor Sheetz moved for adoption of Resolution No. 47-
92. The motion was seconded by Councilmember Wuriu.
Councilmember Mullen stated this is financial suicide; the con-
tracts are too restrictive and non -responsive.
The motion was unanimously carried. (5-0)
Ms. Skousen requested Council list their concerns and make sure
she receives them tomorrow so she may relay them to the Board of
Supervisors.
Councilmember Wuriu stated he requested this item be re-agendized
in order to be clear on exactly what Enterprise Engineering will
be doing for the City. He understands Mr. Palmer is not planning
to inventory water fixtures which is what Council approved at
their last meeting. He believes some clarification is necessary;
Council needs to know exactly what the goal of the plan is and
some idea of costs in terms of staff time and cash outlays.
Mr. Palmer stated he does have a proposal if Council wishes to
• accept his services. If Council does not want the services, they
will not receive the proposal. He is requesting Council accept
his proposal; look at it; see what portions they may be inter-
ested in. The proposal does require staff time and computer
space; costs are minimal. He said it is not a simple thing to
explain; the proposal calls for accounting for people and water
use rather than fixtures.
Councilmember Luna stated he believes what Mr. Palmer wants is
for Council to look at his ideas and discuss them with City
staff; not implement them at this point.
Councilmember Mullen stated part of the reason the City has no
water management plan is we do not know how much water we have or
could potentially use. Mr. Palmer's offer will develop part of
the water management plan. She supports allowing him to work on
it.
Mr. Palmer noted he has offered his services free for one year;
after that, if the City still wants his services, they will have
to pay for them.
Councilmember Luna suggested Council accept the proposal, review
it and come back and give direction to staff.
MOTION: Councilmember Luna moved Council accept Mr. Palmer's
. proposal; staff and Council review the proposal; and
return at a subsequent meeting to determine whether or
not to implement.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 11, 1992
PAGE 16
• SUBSTITUTE Councilmember Baker offered a substitute motion for
MOTION: Mr. Palmer to submit his proposal to the City and the
matter return to Council with comments from staff as to
its applicability to the City. The motion was seconded
by Councilmember Mullen and the substitute motion was
unanimously carried. (5-0)
Mr. Palmer gave the proposal to staff with the understanding no
staff work, other than analyzing the proposal, would be done at
this time.
B-3 COUNCI MEMBER REQUEST TO CONTINUE DISCUSSION OF THE CONCEPTS
OF "BANKING" WATER RETROFIT EQUIVALENCIES AND ALLOWING WATER
EQUIVALENCY TRANSFERS BETWEEN PROPERTIES
Councilmember Wuriu stated due to the lateness of the hour when
this item was considered at the last meeting, people were not
clear as to Council action. He requested the item be re-agen-
dized for consideration.
Mr. Napper requested, as a procedural matter, Council un-table
the matter which was tabled at the last Council meeting.
MOTION: Mayor Sheetz moved the concepts of "banking" water
retrofit equivalencies and allowing water equivalency
• transfers between properties be un-tabled. The motion
was seconded by Councilmember Wuriu and carried with
Councilmember Mullen voting no. (4-1)
Mayor Sheetz suggested "banking" of water equivalencies be
referred to the Water Advisory Board for their consideration and
recommendation before Council discusses the issue. She stated
the transfer of water equivalencies from one property to another
should be scheduled as a public hearing so Council can have the
benefit of public input.
MOTION: Mayor Sheetz moved the concept of "banking" water
equivalencies return to the Water Advisory Board for
input and the subject of transferring water equivalen-
cies from one property to another be agendized for a
public hearing. The motion was seconded by Councilmem-
ber Wuriu.
Councilmember Luna stated last year the City Attorney requested
input from the Council on the transfer of water equivalencies.
He asked if she could report on the response when this item is
scheduled for Council review? Mr. Skousen stated yes; she noted
she received a response from Councilmember Luna and Bill Farrel.
The motion carried with Councilmember Mullen voting no.
(4-1)
• Councilmember Mullen stated she made both motions to table
"banking" and transfer of water equivalencies with great clarity
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 11, 1992
PAGE 17
• at the last meeting. She believes both concepts are terrible
ideas.
C-2 COUNCI MEMBER REQUEST TO DISCUSS PRE -AUTHORIZATION OF CITY
COUNCIL TRAVEL AND MEETING EXPENSES
Councilmember Mullen stated this item is related to the Mayor's
"dogcatcher" remarks and the way she travels. She said travel
funds should be spent very judiciously and the Mayor and Council
should receive prior Council approval before they are allowed to
go on trips.
Councilmember Luna stated he has called other cities to determine
what their policies are with regard to travel. He said none of
the cities have a pre -authorization requirement. San Luis Obispo
budgets a certain amount for each Councilmember and they can
choose the conferences they wish to attend. He suggested this
might be an alternative for Morro Bay.
Councilmember Mullen stated Council should also designate the
people to attend conferences.
Mayor Sheetz made allegations regarding Councilmember Mullen's
intentions to attend the meeting in Washington D.C. instead of
Mayor Sheetz.
• MOTION: Mayor Sheetz moved the item be tabled. The motion was
seconded by Councilmember Baker.
Councilmember Mullen wished to make a statement; Mayor Sheetz
ruled her out of order as there is a motion to table the item.
The motion carried with Councilmembers Luna and Mullen
not voting. (3-0)
Mr. Wolter reviewed The Americans With Disabilities Act (ADA)
which is a new federal law setting forth access requirements for
public facilities. He discussed the status of current City
facilities and what is required to bring them in compliance with
the new law. Mr. Wolter said the City Administrator has
appointed the Recreation and Parks Director as the Compliance
Coordinator for the ADA. Due to fiscal constraints, Mr. Wolter
proposes a task force be formed consisting of the in-house staff
to complete a self -study of City facilities and recommendations
for compliance. The task force should also include input from
disabled members of the public to examine operations from their
perspective.
• MOTION: Councilmember Baker moved Council accept the report for
file, and sanction the formation of an in-house study
team as proposed to determine the City's compliance
with The Americans With Disabilities Act. The motion
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MAY 11, 1992
PAGE 18
was seconded by Councilmember Mullen and unanimously
carried. (5-0)
F.
MOTION: Councilmember Luna moved the meeting be adjourned. The
motion was seconded by Councilmember Wuriu and unani-
mously carried. (5-0)
The meeting adjourned at 9:42 p.m.
Recorded
by:
ARDITH DAVIS
City Clerk
•
•
City Of Morro Bay
16 City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life
which we all enjoy. We are committed to this purpose and will provide a level of municipal
service consistent and responsive to our public and its needs.
CLOSED SESSION - APRIL 27, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
595 HARBOR ST., MORRO BAY, CA
E-1 GOVERNMENT CODE §54957.6(A), LABOR RELATIONS
REGULAR MEETING - APRIL 27, 1992
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 Hearings items under
Section D) may do so at this time. When recognized by the Mayor, please
ome forward to the podium and state your name and address for the record.
omments should normally be limited to three minutes.
DECLARATION OF FUTURE AGENDA ITEMS (CITY COUNCIL)
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 APRIL 13, 1992
A-2 EXPENDITURE REPORT - MARCH 1992
A-3 STATEMENT OF INVESTMENTS - MARCH 1992
A-4 RATIFICATION OF REVISED JOINT POWERS AGREEMENT FOR FIRE DEPARTMENT AIR
FILL STATION
A-5 STATUS REPORT ON CITY WATER SUPPLY
A-6 RESOLUTION NO. 43-92 AWARDING CONTRACT FOR PROJECT NO. RP 91-03, PARK
IRRIGATION/CONSERVATION RETROFIT PROJECT
A-7 RESOLUTION NO. 42-92 AUTHORIZING GRANT APPLICATION TO CA DEPARTMENT OF
BOATING AND WATERWAYS FOR REHABILITATION OF BOAT LAUNCH RAMP AREA
FLOATS AND ACCESS
1
w8 PROCLAMATION DECLARING MAY 3-9, 1992, AS "VICTIMS OF PORNOGRAPHY WEEK"
A-9 RESOLUTION NO. 44-92 COMMENDING WILLIAM FARREL FOR HIS SERVICES AS
COMMUNITY DEVELOPMENT DIRECTOR
A-10 AWARD OF CONTRACT FOR PROJECT NO. FD 92-01, REPLACEMENT OF JOINT FIRE
DEPARTMENT AIR FILL STATION
NONE
NONE
D-1 RESOLUTION NO. 36-92 AWARDING CONTRACT FOR PROJECT NO. RP 91-02,
RECREATIONAL PHASE OF TIDELANDS PARK
D-2 PRESENTATION OF PROPOSED FY 1992-1993 CITY BUDGET, AND CONSIDERATION
OF ALTERNATIVE SOLUTIONS TO CITY FINANCIAL PROBLEM
D-3 DETERMINATION OF WATER EQUIVALENCY ALLOCATIONS FOR CALENDAR YEAR 1992
• UNDER THE OFF -SITE RETROFIT PROGRAM, AND REVIEW AND AMENDMENT
(RESOLUTION NO. 45-92) OF WATER ALLOCATION OPERATING PROCEDURES, AND
WATER ADVISORY BOARD RECOMMENDATIONS REGARDING RETROFITS
D-4 CONTINUED HEARING ON APPEAL OF PLANNING COMMISSION CONDITIONS ON
APPROVAL OF CONVERSION OF 3-UNIT APARTMENT COMPLEX TO A 3-UNIT
CONDOMINIUM COMPLEX; CASE NO. CUP 55-91/CDP 38-91/PM 02-91 (440 SHASTA
AVE.; GREENING, APPLICANT/APPELLANT)
D-5 FEASIBILITY REPORT ON "ORANGE GARBAGE" BAG PROGRAM AS AN OPTION IN
LOCAL REFUSE COLLECTION SERVICES
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.
2
L
•
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION - APRIL 27, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
Mayor Sheetz called the meeting to order at 6:00 p.m.
PRESENT: Rose Marie Sheetz
John Baker
Ben Luna
Susan Mullen
Tom Wuriu
ABSENT: None
STAFF: Gary Napper
Judy Skousen
Forrest Henderson
E. CLOSED SESSION
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
City Attorney
Asst. City Admin.
E-1 GOVERNMENT CODE G54957.6(A). LABOR RELATIONS
MOTION: Councilmember Luna moved the meeting be adjourned to
Closed Session. The motion was seconded by Councilmem-
ber Wuriu and unanimously carried. (5-0)
Mayor Sheetz read the Closed Session statement.
The meeting adjourned to Closed Session at 5:15 p.m. and returned
to regular session at 5:52 p.m.
F. ADJOURNMENT
MOTION: Councilmember Wuriu moved the meeting be adjourned.
The motion was seconded by Councilmember Baker and
unanimously carried. (5-0)
The meeting adjourned at 5:52 p.m.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 27, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Sheetz called the meeting to order at 6:00 p.m.
• PRESENT: Rose Marie Sheetz
John Baker
Ben Luna
Mayor
Councilmember
Councilmember
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 27, 1992
PAGE 2
• Susan Mullen Councilmember
Tom Wuriu Councilmember
ABSENT: None
STAFF: Gary Napper
Judy Skousen
Rick Algert
Bill Boucher
Louise Burt
Ardith Davis
William Farrel
Forrest Henderson
Dave Howell
Jeff Jones
Steve Wolter
City Administrator
City Attorney
Harbor Director
Acting PW Dir.
Finance Director
City Clerk
Community Dev. Dir.
Asst. City Admin.
Police Chief
Fire Chief
Rec. & Parks Dir.
Reverend Donald Carey of the Morro Bay Presbyterian Church gave
the invocation, and Horace Strong led the Pledge of Allegiance.
- ` ' . : - • y- • . � • • v_�yL�1.7` 3�I�[�l:Mf�Aicl��31;�:�:i�J_+ii[•]:
Mayor Sheetz read the Resolution commending Mr. Farrel for his
services as Community Development Director for the last five
• years. Mr. Farrel thanked the Mayor and Council; he said of all
the people who work for the City, the Council are ones who do not
get paid enough. He thanked Mr. Napper stating he is a great
person to work for; he also thanked the Department heads and peo-
ple of the community.
1. Ned Rogoway, consultant planner at 1163 Main Street,
stated he is representing Morro Bay Beautiful requesting Council
support of SB 710 and AB 72 which will place various bond issues
on the November ballot. The bond issues deal with funding for
the Coastal Conservancy and Council endorsement will be a re-
affirmation of previous action taken regarding funding for the
Coastal Conservancy.
2. Ross Blakely, Sunset Court, urged extreme caution
before embarking on a radical change in the City's present orga-
nization structure. He stated an aggressive Community Develop-
ment Director is needed in this city. He noted his private sec-
tor work has been curtailed recently, and that is the reality of
the private sector. Why should bureaucrats be insulated from the
realities of economics? Staff receives a 3% cost of living
increase annually; it is fiscally irresponsible and outrageous in
these economic times. He is in favor of reducing all employee
• salaries by 10% to solve the deficit. Council has an opportunity
to stop what taxpayers are upset about: growth of government com-
ing at their expense. The taxpayers cannot afford to pay this
amount of money any more; maybe sacrifices will have to be made.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 27, 1992
PAGE 3
3. Ann Freeman, 785 Cabrillo, requested on Item D-2, Coun-
cil not set a time limit on receiving public input.
4. Willow Kelly, representing the tenants of the Estero
Bay Trailer Park, referred to a petition sent to Council and
signed by tenants of the park appealing violations of the rent
stabilization ordinance by the owner of the Estero Bay Trailer
Park. She asked what the next step will be? Mr. Henderson
stated the item is tentatively set before Council on May lath.
5. John Greenville, Board of Directors for the Commercial
Fishermens Organization, referred to a trip Mayor Sheetz is tak-
ing to Washington, D.C. on May 5th to speak on behalf of the Har-
bor Entrance Safety Project, and stated he has been authorized by
the Commercial Fishermens Board of Directors to offer $750 for
this trip to help defray City costs. He stated the funds will
come from the Al French Memorial Fund; Mr. French was the most
recent fisherman to lose his life due to unsafe conditions in
Morro Bay Harbor.
6. Roger Ewing suggested with regard to Item D-2, Coun-
cilmembers discuss their viewpoints first before the public, and
then the public can respond to Council comments.
• 7. Mary Phillips, Ironwood, referenced a desal plant on
Department of Navy property; the desal plant is owned by the
Department of Interior and is used only for testing purposes.
She said Morro Bay is making guinea pigs out of the people. Ms.
Phillips said if Council cuts salaries by 14%, they should take
it from the directors and heads of staff.
8. Henry Rother, 3166 Main St., detailed his background in
law enforcement. He opposed the elimination of the Crime Preven-
tion Officer in the Police Department.
1. Mayor Sheetz requested a public hearing be set to dis-
cuss the report on Dr. Alexander's wastewater reclamation
process.
2. Mayor Sheetz requested an ordinance opposing pornogra-
phy be prepared along with the lines of the one adopted by the
City of San Luis Obispo.
3. Councilmember Mullen read a statement objecting to
Mayor Sheetz referring to her as a "dog catcher", and stated she
as well as animal control office are owed an apology. She ques-
tioned why the Washington, D.C. trip has not be brought before
• Council? She has discussed the Harbor Entrance project with Jody
Giannini and he is concerned about the costs of the project.
Councilmember Mullen outlined her experience in dealing with the
Washington, D.C. bureaucracy and stated she will be in the Wash-
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 27, 1992
PAGE 4
• ington area on personnel business at her own expense during the
same time period. She requested Mayor Sheetz cancel her trip;
the Harbor Entrance Project be agendized; and, a policy requiring
future approval of all Council travel expenses be agendized.
4. Councilmember Mullen requested the legislation, SB 710
and AB 72, regarding Coastal Conservancy funding, be agendized on
the Consent Calendar for Council approval.
5. Councilmember Mullen requested the City Attorney review
Measure I in relationship to the Alta Morro conversion project.
Councilmembers Baker and Wuriu supported Mayor Sheetz's trip to
Washington, D.C. as proper under the circumstances. Councilmem-
ber Luna agreed with Councilmember Mullen's stance of the trip
issue. Mayor Sheetz stated the Harbor Project is vitally impor-
tant to Morro Bay and funds have been budgeted for a number of
years to handle the expenses to appear in Washington.
A. CONSENT CALENDAR
A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF APRIL 13,
1992
Mr. Napper recommended Council approve the minutes as submitted.
• A-2 EXPENDITURE REPORT - MARCH 1992
Mr. Napper recommended Council approve the report as submitted.
A-3 STATEMENT OF INVESTMENTS - MARCH 1992
Mr. Napper recommended Council receive the report for file.
A-4 RATIFICATION OF REVISED JOINT POWERS AGREEMENT_ FOR FIRE
DEPARTMENT AIR FILL STATION
Mr. Napper recommended Council ratify and authorize the Mayor to
sign the JPA for purchase, use, and maintenance of an air fill
station at Morro Bay Fire Station No. 1.
A-5 STATUS REPORT ON CITY WATER SUPPLY
Mr. Napper recommended Council receive the report for file.
A-6 RESOLUTION NO, 43-92 AWARDING CONTRACT FOR PROJECT NO, RP
91-03. PARK IRRIGATION/CONSERVATION RETROFIT PROJECT
Mr. Napper recommended Council adopt Resolution No. 43-92.
•
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 27, 1992
PAGE 5
A-7 RESOLUTION NO, 42-92 AUTHORIZING GRANT APPLICA
DEPARTMENT OF BOATING AND WATERWAYS FOR REHABILITATION
BOAT LAUNCH RAMP AREA FLOATS AND ACCESS
Mr. Napper recommended Council Resolution No. 42-92.
PROCLAMATION _ :: \ V PORNOGRAPHY WEEK"
Mr. Napper recommended Council authorize the Mayor to sign t
• II .
SERVICES AS COMMUNITY DEVELOPMENT DIRECTO
Napper recommended Council adoptResolution
CONTRACTA-10 AWARD OF
JOINT FIRE DEPARTMENT AIR FILL STATI�gff
Mr. Napper recommended Council
Halprin and ingersol Rand to be
tract for Project No. FD 92-01
amount of $30,872.99.
declare the bids submitted by
non -responsive, and award con -
to L.N. Curtis & Sons in the
Councilmember Mullen requested Item A-5 be pulled for separate
discussion; and, Councilmember Luna requested Item A-6 be pulled.
MOTION: Councilmember Baker moved for the approval of the Con-
sent Calendar with the exceptions of Items A-5 and A-6.
The motion was seconded by Councilmember Wuriu and
unanimously carried. (5-0)
••:_dKeiZ
Councilmember Mullen commented on the water use up 15.3% from the
same period last year. She asked if there are any figures since
April 17th? Mr. Boucher stated no; he noted there has been a
warm weather pattern recently.
Councilmember Luna asked what the estimated saving of water will
be as a result of the retrofitting? Mr. Wolter stated 2.7 acre
feet. Councilmember Luna asked if the City crews have con-
structed these improvements in the past without going to out side
contracting? Mr. Wolter stated no; there are Public Contract
Code requirements to going out to bid.
MOTION: Councilmember Wuriu moved for the approval of Items A-5
and A-6. The motion was seconded by Councilmember Luna
and unanimously carried. (5-0)
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 27, 1992
PAGE 6
NONE
NONE
Mr. Wolter reviewed the history of Tidelands Park and the bound-
ary line settlement agreement between the City and upland prop-
erty owners which included the City develop the area as a park.
He enumerated the number of public hearings between citizens,
Harbor Advisory Board, Recreation and Parks Commission, Planning
Commission, and City Council before a final Master Plan was
adopted in 1986.
Mr. Wolter outlined the improvements to be made, the source of
funds for the $597.841.60 project, and grants obtained to supple-
ment funding. In attempting to find out if extensions could be
made to the grants, two of the agencies are willing to extend the
• grants by one year, and he has not heard from the other agency.
Councilmember Luna asked if the park was removed from the bid
process, would any of the other bidders come in under what Com-
plete Development Services bid? Mr. Wolter stated it is a lump
sum bid; the City cannot break it apart and award specific por-
tions of the project to different bidders.
Councilmember Mullen was concerned the Tidelands improvements
will eliminate a lot of parking in the area. Mr. Wolter stated
there are concerns about overflow parking during the albacore and
salmon seasons; there may be some alternatives to the existing
plans at this site. Councilmember Mullen asked if there is any
possibility of doing the grant portion of the project at this
time and delaying building the City's portion? Mr. Wolter
explained the grant process which requires certain matching funds
from the City.
Councilmember Baker referred to Councilmember Mullen's proposal
which suggests using Harbor money to fund this project thereby
releasing General Fund monies to perhaps save some jobs. Mr.
Napper stated if Council substitutes funds from the Harbor to the
Tidelands project, those monies do become available in the Gen-
eral Fund. The question then is whether they should be used for
capital or operating expenses.
• Mayor Sheetz opened the hearing the public for comments.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 27, 1992
PAGE 7
• John Linhares, 2718 Alder, suggested scaling down the park and
resubmitting it for more grant funding.
Nancy Bast, Fairview, was concerned the project will turn away
the tourist revenue from the Valley because sport fishermen will
no longer have a place to park. She believe grant funds will be
available in the future if Council wishes to develop the park;
now is not the time.
Tony Linhares, Magiliside, stated the current parking at Tide-
lands Park is not enough for fishermen.
Charles Palmer, 485 Estero, suggested the City increase the
amount of boat launch facilities as well as parking.
Dave Williams stated if the park is developed, fishermen will be
taking up valuable parking spaces in the commercial district
adding to the parking problem there.
Ed Biaggini, 1148 Market Ave., said these people should have been
around during the numerous hearings held on the Tidelands Park
Master Plan. There is alternate parking plans being considered.
He suggested Council address the issue of General Fund money, and
an alternate parking plan be considered.
• Cherry Hayes stated the City has a total of nine parks already,
and she named them. She does not see a need for another park.
Mayor Sheetz closed the hearing to the public.
Councilmember Luna asked how bound the City is to going forward
with the park at this time; will litigation result if the City
does not follow through? Ms. Skousen stated the lawsuit between
the City and the upland property owners regarding this property
was very extensive and expensive. At the time the settlement
agreement was entered into, it was a very good settlement for the
City. She suggested Council not do anything to jeopardize the
agreement. If the City rejects the grant funds, the property
owners will have good grounds to sue the City.
Councilmember Luna asked what is the minimum amount the City can
spend and still maintain the grants? Mr. Wolter stated $394,500.
Mr. Farrel stated this park has been many years in the making and
been through numerous public hearings. He is concerned a project
can go this far and then be thrown out jeopardizing the grant
funds does not speak well for the planning process. Parking has
been a concern, but the strength of the salmon fisheries is in
question. He stated the Waterfront/Rock Plan Committee has come
up with a design that will be submitted with new language and
parking alternatives. He encouraged Council to find other ways
• and not un-do something this long in the making.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 27, 1992
PAGE 8
. Mayor Sheetz asked about Ms. Bast's statement money will be
available in the future for grants of this nature. Mr. Wolter
stated Council can reject the grant funds, but will risk future
grant funding analyses which critique an applicant's willingness
and ability to complete the grant project. There may or may not
be grants available in the future.
Councilmember Mullen was concerned this project is taking prior-
ity over everything else. The City cannot afford the grants, but
if we do not go ahead with the project, we will be sued. She
requested this matter return at the next meeting with information
on what could be cut out of the project while still retaining the
grants. Mr. Wolter commented he will have to ask the low bidder
if he will extend his bid. Mr. Skousen also stated if the pro-
ject is substantially changed, it will have to go out to bid
again.
Mr. Wolter stated it is a difficult process to plan for the
future and then say it will only be done when we have the money.
He said to this day, Del Mark Park is not built in its entirety.
If Council eliminates some of the street infrastructure improve-
ments which are part of the City's contribution to the project,
it will be waiving requirements required of any developer.
Councilmember Mullen stated if the City had not received the T-
• Pier insurance money, there would be no question this project
could not go forward.
MOTION: Mayor Sheetz moved the item be continued and referred
back to the Recreation and Parks Director to determine
extensions on grant funding, and make recommendations
for possible redesign and bidding. The motion was sec-
onded by Councilmember Wuriu.
Councilmember Luna requested the staff report go line -by-line on
how slow the City can go forward with the project.
The motion was unanimously carried. (5-0)
4115
- •,.: 4N IV
Mr. Napper gave a detailed report on the City's current and pro-
jected financial situation; it is anticipated General Fund rev-
enues in FY 1992-93 will decline by $660,000 which necessitates
many cuts in services and employees. He noted the alternative
suggested by Councilmember Mullen to save employee jobs is a one-
time fix using capital project funds to keep employees. If the
economy does not improve, next year the City will be faced with
• the same operating budget problem.
Councilmember Wuriu asked what the rationale was for using
$75,000 as the figure for supplementing the General Fund from the
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 27, 1992
PAGE 9
• Harbor? Mr. Napper stated it was the amount left over after
funding annual operations of the Harbor Fund. It could have been
used to spend on capital projects in the Harbor, but he made this
recommendation instead. He noted this also is a one-time fix;
the General Fund without this transfer is in a deficit.
Councilmember Luna stated Mr. Napper required a 10% cut within
each department, but noted some departments did not quite make
the 10%; he asked why? Mr. Napper stated in some departments the
impact of a 10% cut would have been too sweeping. For example,
if lot cut was maintained in the Police Department, it would have
cut into sworn peace officer positions.
Councilmember Mullen stated two weeks ago employees offered to
help come up with ideas; why is there nothing in the report about
that? Mr. Napper stated he met with the presidents of the Mis-
cellaneous and Police Units and they exchanged information about
revenue enhancers. The biggest area in recovery of costs may be
the Driving Under the Influence violations. A program is cur-
rently being instituted to get a feel for the amount of annual
revenue to be derived from this program . The rest of the pro-
grams are community policy decisions such as parking permits in
the downtown area; Council may wish to obtain input from the
business community on those suggestions. He believed other pos-
sible recovery costs would be discussed in budget workshops.
• Councilmember Wuriu asked if Council allows new building to open,
will those fees involved in construction of houses be added to
the budget revenue? Mr. Napper stated those fees have not be
included in the revenue projections. If building is continued,
the greatest fees are in water and sewer hookups, money which is
used for water and sewer expenses. Building permit fees, plan
check fees, etc., are in -and -out type fees; they pay for the ser-
vices rendered.
Mayor Sheetz stated this item is scheduled this evening to
receiving public input; no decisions will be made by Council.
She stated Budget Workshops will be held to review the budget by
line items.
Councilmember Luna asked if the City has figures on the amount to
be lost to P.G.&E. through settlement of the property tax law-
suit? Mr. Napper stated no, however, he believes P.G.&E. is
going to waive past reimbursement of taxes and just opt to take
advantage of the decrease in future years. He said that decrease
has not be calculated into the budget. Ms. Burt stated she has
been in contact with the County Auditor Controller and it is
estimated there will be a 10% reduction in San Luis Obispo
County; however, this will be phased in over a period of 10 years
with 1% decrease this year.
• Councilmember Luna stated all Councilmember are doing their part
to try to find solutions to the budget crises. He proposed a
100% cut in Council salaries which will save $18,000 per year;
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 27, 1992
PAGE 10
• and requested all employees match this by voluntarily taking a 5%
pay cut. He requested employees comment on this concept this
evening.
Councilmember Mullen asked if there has been any discussion on
preparing the budget in two-year cycles? Mr. Napper stated there
is no discussion presently; however, it is a good idea to look at
the revenue picture for the next two or three years.
Mayor Sheetz opened the hearing to the public for comments.
The following City employees spoke against the proposed employee
lay-offs: Jim Hayes, 400 Surf St.; John Linhares, 2718 Alder;
Tony Linhares; Sandi Ford, Main St. and President of the SEIU
Miscellaneous Employees Bargaining Unit; Jamie Boucher, Secre-
tary/Treasurer of the Miscellaneous Employees; Sean James, Vice
President of the Peace Officers Association; and Jill Jencks,
Police Department Crime Prevention Officer.
Comments regarding the proposed 1992-1993 Budget were also heard
from Ray Kaltenbach, 473 Sicily; Mary Phillips, Ironwood Ave.;
Cherry Hays; Ann Freeman, 785 Cabrillo; Bruce Risley; Carol Lutz,
846 Marina; Charles Palmer, Estero Ave.; Laurie French, 1797
Little Morro Creek Road; John Lemons, 419 Shasta Ave.; Nancy
Bast, Fairview; Will Pierce, SEIU; Johnny Applewhite; Ernie
• Miller; 955 Napa Ave.; Paul Jolenski, 410 Tulare; Thom White,
Rennel; Greg Wilson, 1165 Las Tunas; Bruce Risley, Piney Way;
Carol Lutz, 846 Marina Ave.;
The comments were vociferously critical of administrative and
management staff, and much shouting and clapping took place.
Items mentioned were incorrect information provided on Street
Department personnel in other County cities; allowing management
employees and City Administrator to receive an increase in pay
last year when they knew then of the budget problems; requests to
rescind lay-off notices; wasting money with costs of litigation;
include administration and "paper shufflers" in lay-offs; no
response to employee alternative suggestions; management paying
dependent health insurance premium; support/criticism of Coun-
cilmember Mullen's alternate proposal; effects of potential lay-
offs in departments; objections to the proposed cuts in lap -swim-
ming and youth basketball; contract engineering services and let
Bill Boucher be the Public Works Director; combination of two
departments with one department head; requests to be part of the
process; invitations by employees for Councilmembers to "ride -
along" as they perform their daily activities; setting the budget
workshops at night so employees can attend; and others.
Councilmember Wuriu was in favor of holding evening budget meet-
ings; Councilmember Luna suggested also holding more meetings
• than suggested in order for Council to get a better grasp on the
intricacies of the budget. He said he would also like to meet
with staff and employees to find out how much can actually be
•
u
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 27, 1992
PAGE 11
saved. He said the meetings with staff and employees should be
in an informal setting.
Councilmember Baker said there is a shortage of funds but he is
sympathetic with employees and believes things can be worked out
to minimize lay-offs.
Councilmember Luna noted the comments from the public regarding
the costs of building a desal plant. He said when that item came
before Council, 99% of the people were pleading for Council to
approve it.
Mayor Sheetz reminded employees the lay-off notices were proposed
and not final until Council approves the budget. She is in favor
of meeting with employees and exploring their suggestions.
Councilmember Mullen spoke in favor of her proposal to combine
the Public Works and Planning Departments under one department
head. She is opposed to the lay-offs. She suggested Councilmem-
bers get lap -top computers to minimize the paper costs. Coun-
cilmember Mullen opposed deleting Council salaries from the bud-
get, but was in favor of eliminating Council health insurance
benefits.
Councilmember Baker stated he is opposed to combining depart-
ments, but is willing to look at other proposals.
Mr. Farrel cautioned Council on combining the departments; he
said he spends 90% of his time cranking out staff reports. The
Department cannot function with only one planner.
Councilmember Mullen stated she is asking for a motion to con-
sider the plan; if the departments were combined some mistakes
would not have been made and some planning issues determined
differently.
Councilmember Luna suggested three meetings with employees before
tackling the budget department by department.
Council consensus was to hold evening meetings, the first three
evenings with employees, then one department per evening there-
after. Staff was directed to ascertain facility availability for
the meetings.
Mayor Sheetz requested the employees formulate their suggestions
in writing and present them so they can receive staff input
before being presented to the Council; the Council needs
specifics to discuss when meeting with the employees. She asked
Judy Mendonca, Lead Dispatcher/Clerk to coordinate these efforts.
Council recessed from 9:56 to 10:08 p.m.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 27, 1992
PAGE 12
• D-3 DETERMINATION OF WATER EQUIVALENCY ALLOCATIONS FOR CALENDAR
YEAR 1992 UNDER THE OFF -SITE RETROFIT PROGRAM, AND REVIEW
AND AMENDMENT (RESOLUTION NO. 45-92) OF _WATER ALLOCATION
6
Mr. Farrel reviewed his staff report and Resolution No. 45-92
which provides for release of water allocations for 70 residen-
tial units (50 single family residential; 20 multi -family resi-
dential) and related commercial and industrial uses; and, amends
the operating procedures to allow persons to retain their posi-
tion on the waiting list and allow for a two month response time
for accepting applications. He also discussed various other
water related issues and requested Council provide direction on
"banking" of water equivalencies; whether the City should take an
expanded role in retrofitting; and, if water equivalency transfer
between properties should be allowed. He noted Water Advisory
Board minutes were attached with their recommendations on these
matters.
One other issue is a request for interpretation of the "water
list" and transfer of equivalencies. Dennis Allen of Allan Real
Estate Investments, is requesting Council allow an exception to
the City's policy of not allowing water equivalency transfers, to
allow properties in a foreclosure and/or deed -in -lieu of foreclo-
sure to transfer their equivalencies to the lender.
Also, Mr. Farrel requested Council consider adopting revised fees
to recoup City costs in retrofit inspections.
Councilmember Wuriu asked if the City could participate in the
retrofit program without violating Measure I? Mr. Farrel said he
has not discussed that matter with the City Attorney, but noted
it would have to be a voluntary program; the City could not man-
date people retrofit their homes to earn water for new
construction.
Councilmember Wuriu asked if requiring people on the waiting list
to respond within a certain timeperiod is proper? Ms. Skousen
stated yes, the City can give the property owner a specific
amount of time to determine whether or not he is ready to build
and two months is reasonable. She also researched if the City
can participate in compiling a list of potential retrofits with-
out violating Measure I, and determined it is legal as long as
the City does not do the retrofits itself.
Mayor Sheetz asked with reference to Measure F, what happens to
the years in which Council allocated no equivalencies due to the
drought? Ms. Skousen stated Measure F is a growth limitation
ordinance; it sets the maximum, but does not set a minimum, of
• residential units which can be allocated on a yearly basis. She
conservatively opines when Council did not allocate equivalencies
due to the drought, those no longer exist; they are not being
stored somewhere for future use. Ms. Skousen noted the Coalition
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 27, 1992
PAGE 13
• of Property Owners have maintained Council can go back and allo-
cate equivalencies from 1990.
Councilmember Mullen stated she requested some dialogue on expan-
sion of the retrofit program and building amendments requiring
grey water recycling systems be returned for Council considera-
tion. She said a lot of things can also be done with new con-
struction and water saving devices.
Councilmember Mullen asked if there is a report available on the
effectiveness of the retrofit program? Mr. Farrel stated it is
in the Annual Water Reports to Council.
Councilmember Mullen asked, given the current water use in the
City and the status of wells, will the City be using the desal
plant later in the year? Mr. Boucher stated a lot of variables
are involved; it is not known what the agriculture users will be
pumping this year. However, he is optimistic the desal unit will
not have to be used.
Mr. Farrel commented if there had been no building in Morro Bay
in the last ten years, the impact from the drought would still
have been the same and the City would have had to treat its
water. He said the amount of water used last year is less than
that used 10 years ago.
• Councilmember Luna commented the annual water reports continually
report retrofit savings as inconclusive; even the 2:1 ratio is
short of anticipated savings. Mr. Farrel stated over the years
the Council has established the 2:1 ratio which means a developer
has to retrofit to save twice the amount of water his project
will take. He said staff is confident retrofit works and the
data shown is accurate.
Mayor Sheetz opened the hearing to the public for comments.
Ray Kaltenbach stated retrofitting does not save water, people
save water.
Mr. Santini, 513 Zanzibar, said Council is concerned with whether
or not it is legal to allow building; what about, is it ethical
and is it fair? He should not have to improve someone else's
house in order to build his own; he is punished for wanting to
build his home every time he turns around.
Thom White, Rennel, said the definition of an environmentalist is
"those of us who got here first". He does not believe this atti-
tude is fair. He believes retrofit works; he said the
retrofitting of houses should be done by the City and charged to
everyone who lives here.
• Charles Palmer said his offer to provide free services for a
Water Management Plan still stands; he has not received input
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 27, 1992
PAGE 14
• from Council or staff if they are interested. His plan would
determine exactly whether retrofit works or not.
John Lemons, member of the Water Advisory Board, stated when the
issue of "banking" water equivalencies came before the Water
Advisory Board it was not clear that in order to get a building
permit, the developer would have to do the retrofit. With this
understanding, he would probably have been in favor of the top
10-20% on the waiting list being able to bank retrofits to pre-
serve the integrity of the list. Retrofit does work and saves
water.
Reverend Donald Carey, 520 Bernardo and a member of the Board of
Directors for the People's Self -Help Housing, Corp. spoke in sup-
port of the staff recommendation and allocation of units to PSHHC
to develop the second phase of their low-cost housing project in
North Morro Bay. He also requested their full number of units
needed be granted since the Corporation must be able to show the
State and federal grant people the whole project will go forward.
Stan Roden, attorney with the firm Hatch & Parent and represent-
ing the Coalition of Lot Owners in Morro Bay, said the Council
cannot simply sit back and allow the water situation to solve
itself. Council has an obligation to provide water because it is
the water purveyor and it is considered a taking of private prop-
erty if the City does not fulfill this obligation. He stated the
people he represents support the staff report to allow build -out
of 70 units this year; however, would prefer the full 77 be
allocated.
Mr. Roden provided a detailed argument as to why the City is also
obligated to release water equivalencies not issued in 1990 and
1991. He contended Measure F does not speak to the question of
how many buildings should be in Morro Bay; the goal of Measure F
is to reach a population of 12,200 by the year 2000. He believes
Measure F controls population, not building. Mr. Roden encour-
aged Council to release a full 154 units of building this year to
make up for the last 2 years of no building. He said releasing
only 70 units will result in a lawsuit from the Coalition of
Property Owners.
Mr. Roden also discussed Measure I and stated requiring 2:1
retrofitting is unconstitutional because it requires a property
owner to make up for past City Council inaction and pay for the
rest of the community's problem; this is a taking of private
property. Morro Bay has one of the longest -standing water emer-
gencies in the State since 1979!
Nelson Sullivan said Measure F states the allocation of water
shall be made if the City has the where -with -all to make them;
meaning available water. He said it is questionable if the City
• has the water to build. He questioned the Alta Morro condominium
project and its water equivalency allotment in view of Measure I;
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 27, 1992
PAGE 15
• once a property has been retrofitted, it cannot be done again.
It is a new use and should wait in line for new water.
John Saro reviewed the numerous charges to developers in order to
obtain a building permit; he said it costs $20,000 just to get a
permit. He can't figure out why he can't retrofit 3h gallon
toilets with 1� gallon toilets.
Mayor Sheetz returned the matter to Council.
Mayor Sheetz stated she supports allowing people who are not
ready to build to be passed over, but allow them to maintain
their same place on the waiting list rather than having to go the
end of the list.
Councilmember Luna stated it would be important to inform people
on the list, if they decline to use their place on the list and
wait until they are ready to build, that the City cannot guaran-
tee there will be retrofits available in the future.
Councilmember Baker requested the City Attorney comment on the
chart and analysis provided by Mr. Roden. Ms. Skousen stated
since there has been no court decisions on which to base an opin-
ion, she has taken the conservative route and advises the alloca-
tions not made in 1990 and 1991 are no longer available. How-
ever, if Council supports Mr. Roden's position, she could also
defend that. She stated Measure F does not say it is aiming
toward the population of 12,200 by the year 2000. It assumes the
City has enough water to build for 12,200 people, and intended to
spread that over a number of years. This assumption may not be
correct.
Councilmember Wuriu stated he does not agree the City should
grant equivalencies for years past when the City did not have
enough water to do so. If Council releases this year's alloca-
tion, it will be doing a lot to get people started.
Councilmember Mullen stated she could support allocating 70 units
at this time; however, she has reservations and would like to see
mandatory water conservation and grey water systems required in
new construction. She does not support the concept of "banking"
or transferring water from one property to another. She stated
the City has no Water Management Plan and no inventory of current
water fixtures in town. Councilmember Mullen believes if every-
one who owned property moved into town, there would not be enough
water to support them. She would like the City to create a level
of water management in town and get off the water equivalency
concept. She is interested in Charlie Palmer's suggestion of
contracting for water for each and every use with the City creat-
ing a reserve of water. We are playing Russian roulette and
believes we will be turning on the desal plant this year.
• MOTION: Councilmember Mullen moved Council release 77 water
allocation units (to allow People's Self Help Housing
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 27, 1992
PAGE 16
• to complete their affordable housing project); amend
the procedures to allow people to retain their position
on the waiting list for a maximum of three years. The
motion was seconded by Councilmember Baker and unani-
mously carried. (5-0)
Mr. Napper asked if the Council motion intended the mix of resi-
dential allocations to be 50 single family and 27 multi -family?
Council concurred.
Mayor Sheetz requested staff return with a report on how the City
can become more active in retrofitting; and, on the concept of
transferring water equivalencies from one property to another.
MOTION: Councilmember Mullen moved Council approve setting new
fees for inspection of retrofits and directing staff to
return with the appropriate resolution. The motion was
seconded by Councilmember Wuriu and unanimously
carried. (5-0)
MOTION: Councilmember Mullen moved staff return with informa-
tion on City involvement in retrofitting taking into
consideration Measure I. The motion was seconded by
Councilmember Luna and unanimously carried. (5-0)
• MOTION: Councilmember Mullen moved the concepts of "banking"
equivalencies and transfer of water from one property
to another be tabled. The motion was seconded by Coun-
cilmember Luna and carried with Councilmember Baker and
Mayor Sheetz voting no. (3-2)
MOTION: Councilmember Mullen moved the City accept Charlie
Palmer's free services to put together an inventory of
water fixtures in Morro Bay for a water management
plan. The motion was seconded by Councilmember Luna.
Mayor Sheetz stated she would like a report from the Finance
Director on this matter before approval by Council.
The motion carried with Councilmember Baker and Mayor
Sheetz voting no. (3-2)
D-4 CONTINUED HEARING ON APPEAL OF PLANNING COMMISSION CONDI-
TIONS ON APPROVAL OF CONVERSION OF 3-UNIT APARTMENT COMPLEX
TO A 3-UNIT CONDOMINIUM COMPLEX: CASE NO, CUP 55-91/CDP 38-
91/PM 02-91 (440 SHASTA AVE.; GREENING. APPLICANT/APPELLANTI
Ms. Skousen stated at Council request she has researched this
matter for a way to allow Mr. Greening to qualify his property to
convert from 3 apartment units to 3 condominium units. She
• reviewed the alternatives and suggested Council abandon 12 feet
along Shasta Avenue in front of his property so it could be
counted to qualify for three units. Then, require Mr. Greening
to record an irrevocable offer to dedicate the twelve feet back
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 27, 1992
PAGE 17
• to the City so if the City ever needs the right-of-way, it could
accept the offer to dedicate.
Mr. Farrel stated the Planning Department is concerned about
relinquishing the City's rights -of -way and potential for other
requests from property owners in order to increase the density on
their projects. He suggested requiring the property owner to
plant trees in the abandoned property as a condition of the
permit.
Mr. Boucher suggested as an alternative, and to minimize the
amount of property to be abandoned, that the City abandon 2 feet
along the Shasta Avenue side of Mr. Greening's property, and 4
feet along the Vista Street side.
Mayor Sheetz opened the hearing to the public for comments.
Randy Zebb of Quad Consultants and representing Mr. Greening,
stated he believes his client can live with the proposal by
staff.
MOTION: Councilmember Baker moved the appeal be granted and a
resolution be prepared reflecting the City Attorney's
third alternative and Mr. Boucher's suggested changes.
The motion was seconded by Councilmember Wuriu and
• unanimously carried. (5-0)
Councilmember Mullen requested tree planting be included in the
conditions.
Mr. Upton reviewed his report regarding the feasibility of adopt-
ing a $1.00 orange trash bag program similar to San Luis Obispo's
in Morro Bay. Mr. Upton's analysis concludes an orange bag sys-
tem can be implemented in Morro Bay; however, it would require a
significant increase in the standard service rate to generate
revenues to sustain current operations. He reviewed options con-
sidered by the Solid Waste Management Board, stated their recom-
mendation is to not implement the $1/orange bag, and summarized
their reasons. He stated the SWMB also recommends Council direct
them to study incentives to encourage waste reduction by
customers.
Councilmember Wuriu asked what is the current cost for one -can
service? Mr. Upton stated $5.50 per month which includes curb-
side recycling.
Councilmember Mullen announced since recycling has been separated
• from the refuse collection contract, she has a verbal ruling by
the Fair Political Practices Commission she can participate in
discussion and decisions regarding refuse collection.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 27, 1992
PAGE 18
• Councilmember asked various questions to which Mr. Upton and Tom
Martin, Controller for Morro Bay Garbage Service, responded. Mr.
Martin reviewed the pros and cons and stated his company will do
whatever Council decides; it is a policy decision for Council.
Mary Phillips, Ironwood, spoke in favor of the $1/orange bag sys-
tem. She said currently people who are recycling and creating
less of an impact on the landfill are subsidizing everyone else.
She also said there is manipulating and maneuvering on the Solid
Waste Management Board.
Meredith Bates, member of the Solid Waste Management Board,
endorsed the recommendations from the Board, and stated the Board
is committed to finding incentives to help people keep refuse
from the landfills.
Sandra Santini, Chairman of the SWMB, stated it is important to
keep collection fees as low as possible for all customers. They
believe no one section of the population should be subsidized by
another group in the City. She noted Morro Bay has the lowest
collection fees in the County.
Mayor Sheetz asked Mr. Upton how many requests he has received
for an orange bag program? Mr. Upton stated just Mary Phillips.
• Councilmember Luna asked if any customers complained when the
service was implemented in San Luis Obispo? Mr. Martin said
there were some at the beginning, but it did not last long.
MOTION: Councilmember Mullen moved the City adopt a $1/bag ser-
vice as outlined in Option 1 of Mr. Upton's report;
request staff return with costs to implement; and the
Council make a policy statement that because we are
mandated to reduce garbage production by 50% by the
year 2000, we are going to give economic incentives to
those who recycle. The motion was seconded by Coun-
cilmember Luna.
Councilmember Wuriu suggested a $1 per month fixed service charge
be included in order to keep track of customers and make sure
they are complying with the City's mandatory garbage disposal
laws.
Ms. Santini noted her objections and stated regular customers
will now be paying $17 per month for garbage service.
Councilmember Mullen amended her motion to include a $1
monthly service charge for those applying for the
$1/bag service. Councilmember Luna accepted the
amendment.
• SUBSTITUTE Mayor Sheetz offered a substitute motion for staff to
MOTION: prepare an orange bag program for Morro Bay and return
it to Council for review by May 26th. The substitute
MINUTES - MORRO HAY CITY COUNCIL
REGULAR MEETING - APRIL 27, 1992
PAGE 19
• motion was seconded by Councilmember Wuriu and unani-
mously carried. (5-0)
F. ADJOURNMENT
MOTION: Councilmember Mullen moved the meeting be adjourned.
The motion was seconded by Councilmember Wuriu and
unanimously carried. (5-0)
The meeting adjourned at 12:50 a.m.
Recorrddeeddt by:
ARDITH DAVIS
City Clerk
•
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City Of Morro Bay
City Council Agenda
Mission Statement
The City of Mono Bay is dedicated to the preservation and enhancement of the quality of life
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 - APRIL 20, 1992
JOINT CITY COUNCIL/RECREATION & PARKS COMMISSION
COMMUNITY CENTER STUDIO ROOM - 6:00 P.M.
1001 KENNEDY WAY, MORRO BAY, CA
ROLL CALL
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearings items under
Section D) may do so at this time. When recognized by the Mayor, please
come forward to the podium and state your name and address for the record.
Comments should normally be limited to three minutes.
B. UNFINISHED BUSINESS
40- 1 REVIEW AND APPROVAL OF RECREATION SERVICES PRICING POLICY
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.
M 101A r E5 ; JUST AGENDA
ppRAI.2o1 q�
.5(7eclAL. f✓lEU I1JG
S0 1T 6IT'I' C'00"jcIL
REc�EATtorJ � PARKS
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City Of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life
which we all enjoy. We are committed to this purpose and will provide a level of municipal
service consistent and responsive to our public and its needs.
CLOSED SESSION - APRIL 13, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
595 HARBOR ST., MORRO BAY, CA
E-1 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION IN THE MATTERS OF:
VOTERS INITIATIVE COMMITTEE V. CITY OF MORRO BAY, CASE NO. 71138,
SUPERIOR COURT, SAN LUIS OBISPO COUNTY
E-2 CAyUCOS SANITARY DISTRICT V. CITY OF MORRO BAY ET AL., CASES NO.
70420 AND 71224, SUPERIOR COURT, SAN LUIS OBISPO COUNTY
E-3 CITY OF MORRO BAY V. CALIFORNIA COASTAL COMMISSION, CASE NO. 120512,
SUPERIOR COURT, SANTA CRUZ COUNTY
E-4 ROBERT LANE V. SHEETZ, BAKER, AND WURIU, CASE NO. 71562, SUPERIOR
COURT, SAN LUIS OBISPO COUNTY
REGULAR MEETING - APRIL 13, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
PRESENTATION: PROCLAMATION DECLARING "SOIL AND WATER STEWARDSHIP WEEK" TO
ROGER FREEBERG, RESOURCE CONSERVATION DISTRICT DIRECTOR
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearings items under
Section D) may do so at this time. When recognized by the Mayor, please
come forward to the podium and state your name and address for the record.
Comments should normally be limited to three minutes.
::-:__• • li_ •� v •
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 CLOSED SESSION AND REGULAR MEETING OF
MARCH 23, 1992, THE CLOSED SESSION OF MARCH 24, 1992, AND THE CLOSED
SESSION OF APRIL 6, 1992
*-2 WATER SUPPLY STATUS REPORT
1
3 RESOLUTION NO. 36-92 AWARDING CONTRACT FOR PROJECT NO. RP 91-01,
RECREATIONAL PHASE OF TIDELANDS PARK
A-4 PROCLAMATION DECLARING APRIL 26TH-MAY 3RD AS "SOIL AND WATER
STEWARDSHIP WEEK"
A-5 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (ALLEN)
A-6 AWARD OF CONTRACT FOR PROJECT NO. PW 91-05, MORRO BAY BLVD. AND BALI
STREET STORM DRAIN PROJECTS
A-7 PROCLAMATION DECLARING APRIL 1992 AS "MONTH OF THE CHILD"
A-8 RESOLUTION NO. 39-92 DESIGNATING SAN LUIS OBISPO COUNTY HEALTH
DEPARTMENT, DIVISION OF ENVIRONMENTAL HEALTH, AS THE CITY'S SOLID
WASTE LOCAL ENFORCEMENT AGENCY
A-9 RESOLUTION NO. 37-92 APPROVING FINAL MAP FOR TRACT NO. 1231 (13-LOT
RESIDENTIAL SUBDIVISION ON IRONWOOD AVENUE; LOPERENA)
B. UNFINISHED BUSINESS
B-1 PROGRESS REPORT TO IMPROVE CALTRANS LOCAL DIRECTIONAL SIGNAGE ON
HIGHWAYS 1 AND 41
NEW BUSINESS
NONE
D. PUBLIC_ HEARINGS. REPORTS & APPEARANCES
D-1 CONSIDERATION OF TWO-YEAR EXTENSION TO THE INCENTIVE PROGRAM WAIVING
PARKING STANDARDS FOR NEW AND EXPANDED COMMERCIAL BUSINESSES IN THE
DESIGNATED DOWNTOWN AREA (RESOLUTION NO. 40-92)
D-2 FEASIBILITY REPORT ON $1 PER "ORANGE GARBAGE" BAG PROGRAM AS AN OPTION
IN LOCAL REFUSE COLLECTION SERVICES PULLED
D-3 RESOLUTION NO. 41-92 ADOPTING REVISED NOISE ELEMENT OF THE CITY
GENERAL PLAN (GPA/ZOA 01-92)
D-4 RESOLUTION NO. 38-92 AMENDING PARK MASTER PLAN FOR CENTENNIAL PARKWAY
TO ADD AN OVERLOOK STRUCTURE
F.
u
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION
RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS
AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND
AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT
COST.
2
•
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION - APRIL 13, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
Mayor Sheetz called the meeting to order at 5:15 p.m.
PRESENT: Rose Marie Sheetz
Ben Luna
Susan Mullen
Tom Wuriu
ABSENT: John Baker
STAFF: Gary Napper
Judy Skousen
Bill Boucher
David Hunt
Tom Hookano
Mark Pollot
E. CLOSED SESSION
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
City Attorney
Acting PW Director
Legal Counsel
Legal Counsel
Legal Counsel
E-1 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION IN THE
MATTERS OF VOTERS INITIATIVE COMMITTEE V CITY OF MORRO BAY,
CASE NO. 71138, SUPERIOR COURT, SAN LUIS OBISPO COUNTY
E-2 CAYUCOS SANITARY DISTRICT V. CITY OF MORRO BAY, ET AL.,
CASES NO. 70420 AND 71224, SUPERIOR COURT, SAN LUIS OBISPO
COUNTY
E-3 CITY OF MORRO BAY V. CALIFORNIA COASTAL COMMISSION, CASE NO.
120512, SUPERIOR COURT, SANTA CRUZ COUNTY
E-4 R_OBERT LANE V. SHEETZ BAKER AND WURIU, CASE NO. 71562,
SUPERIOR COURT, SAN LUIS OBISPO COUNTY
MOTION: Councilmember Wuriu moved the meeting be adjourned to
Closed Session. The motion was seconded by Councilmem-
ber Mullen and unanimously carried. (5-0)
Mayor Sheetz read the Closed Session statement.
The meeting adjourned to Closed Session at 5:15 p.m. and returned
to regular session at 5:55 p.m.
Councilmember Baker arrived at Closed Session at 5:21 p.m.
F. ADJOURNMENT
MOTION: Councilmember Wuriu moved the meeting be adjourned.
The motion was seconded by Councilmember Luna and unan-
imously carried. (5-0)
The meeting adjourned at 5:55 p.m.
•
•
u
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 13, 1992
PAGE 2
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 13, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Sheetz called the meeting to order at 6:05 p.m.
Mayor Sheetz announced the City had prevailed against the Coastal
Commission in Morro Bay's suit against the Commission for revok-
ing the City's permit for appuretnances to the emergency desali-
nation plant. The Court ordered the Coastal Commission to
restore the permit. In another matter in which the City took
action against an Embarcadero lessee for violation of the Master
Lease, the Court again ruled in favor of the City (QASI).
PRESENT: Rose Marie Sheetz
John Baker
Ben Luna
Susan Mullen
Tom Wuriu
ABSENT: None
STAFF: Gary Napper
Judy Skousen
Bill Boucher
Louise Burt
Ardith Davis
William Farrel
Forrest Henderson
Steve Wolter
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
City Attorney
Acting PW Dir.
Finance Director
City Clerk
Community Dev. Dir.
Asst. City Admin.
Rec. & Parks Dir.
Reverend Jim Berg of the Calvary Lutheran Church gave the invoca-
tion, and Councilmember Baker led the Pledge of Allegiance.
- -
-
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12
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. \
,
•
.
•
Mayor Sheetz read the Proclamation and presented it to Mr.
Freeberg. Mr. Freeberg thanked the Mayor and Council for their
support. He stated the Resource Conservation District's next
meeting is Wednesday, April 15th at 1:00 p.m. in the Ag Building
in San Luis Obispo and they will be discussing the Morro Bay pro-
ject. He invited everyone to attend.
1. Ernie Price, President of the Mobilehome Owners Associ-
ation for the Blue Heron Terrace, discussed the recent U.S.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 13, 1992
PAGE 3
• Supreme Court decision in the Yee v. City of Escondido that rent
control does not constitute a "taking" of property. He requested
this item be scheduled on the agenda for an amendment to the
ordinance. He also requested Council discuss protecting second -
homeowners under the rent control ordinance. Mayor Sheetz stated
Council is in receipt of a letter from the mobilehome owners'
attorney, and the matter will be set for a future agenda.
2. Manny Silva, President of the Morro Bay Peace Officers
Association, discussed the proposed lay-off notices which were
delivered to a number of employees last week. He requested Coun-
cil reconsider the layoffs and look closely at the budget and
communicate with department heads. He stated the notices have
been detrimental to the morale of the employees; some of the peo-
ple who received lay-off notices have been good employees for 11-
12 years. He noted the Crime Prevention Officer in the Police
Department received a lay-off notice, and stated with summer com-
ing up this is a crucial time to have this individual on staff.
The other lay-off proposed for the Police Department is a dis-
patcher which is also a necessary public safety position. He
urged Council to not enact the lay-off notices.
Mayor Sheetz stated the key word in this matter is "proposed"
lay-offs. The City Council has not seen the budget yet and has
made no definite decision. She stated when the budget is before
• Council, they will look at it closely in order to preserve the
organization.
2. Mary Wooten, 2728 Alder, stated the lay-offs have been
in the wrong area; City staff is much too top-heavy. Management
personnel were not elected to run the City, and they do not
answer to the people. She suggested Council postpone filling the
so called "expert" positions now open [Public Works Director;
Planning Director]; if the positions have to be filled, promote
someone who is already on staff. The City needs to keep the
workers to keep the City in repair. She also suggested the City
not allow building in Morro Bay until the TDS levels in the water
are at the legal limit of 500 TDS.
3. Sandi Ford, President of the Miscellaneous Employees
Bargaining Unit, stated she understands Councilmember Mullen has
a proposal to save the City $500,000 without the lay-offs pro-
posed by staff, and thanked Councilmember Mullen for her immedi-
ate response to the budgetary problem. Ms. Ford asked Council to
put aside their political opinions and take a fair look at Coun-
cilmember Mullen's proposal. She said every avenue must be
looked into including cost recovery programs and camping; she re-
quested the bargaining groups for employees be part of the pro-
cess. She stated by cutting jobs, Council is cutting services.
4. Jamie Boucher, Treasurer and Acting Secretary for the
• Miscellaneous Employees Bargaining Unit, stated it is important
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 13, 1992
PAGE 4
• for each idea to be looked into for its merits. She said the
proposed budget will have an impact on services, and that impact
will be negative. The citizens and employees deserve to have
each and every option given consideration. She requested Council
add this item to the agenda for discussion this evening.
5. Nelson Sullivan asked how many City employees could be
paid with the money the City Attorney has cost the City during
the last few years. The recent judgment on Measure H shows she
is making wrong decisions and exposing the City to potential law-
suits. She also advised the City to approve the Alta Morro con-
dominium conversion which is illegal under Measure I. He sug-
gested Council get second opinions on the City Attorney's judg-
ment. He suggested Council agendize the matter, form a commit-
tee, and find another attorney.
6. Ann Freeman, Cabrillo Place, stated she has had nothing
but the best relationships with the lower level employees. The
City is heavy in the administrative area. This City is not the
only city going through a budget crisis, and the administrative
staff should be looked at to save the jobs of the people who are
doing the work.
Bruce Risley, 540 Piney Way, expressed support for the people who
have been served lay-off notices. The lay-offs are harmful to
• the City and business community. People want money put into
streets. The lay-offs will further depress an already depressed
area. He urged Council to seek better action.
7. Charles Palmer stated he thinks the City has only had 2
civil engineers in the past. There is a man on staff cable of
everything [a Public Works Director] can do except stamp a regis-
tered civil engineer license on plans. A registered civil engi-
neer can be contracted for when necessary; this is done in other
cities. He said the City's accountant has been laid off, and the
only other person in the City who can operate the computer
already has too much work to do.
Councilmember Luna stated he does not believe anyone on the Coun-
cil is looking to fire people; they hope to avoid having lay-
offs. He believes he has been elected to be a leader which
involves leadership by example. In good faith with all City
employees, he is ready and willing to reduce his Council pay by
50%. He admitted his salary is only $300 a month, but is willing
to make the offer.
MOTION: Councilmember Luna moved Council add Councilmember
Mullen's proposal to the Agenda for discussion as Item
D-1, moving the other public hearing items forward.
The motion was seconded by Councilmember Mullen.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 13, 1992
PAGE 5
• Councilmember Mullen stated her proposal is to combine the Public
Works and Planning Departments into one unit, moving Planning out
of City Hall and into the Public Works building. She reviewed
the proposal and stated she hoped Council will at least allow
discussion this evening.
Councilmember Wuriu assured employees Council is taking the mat-
ter very seriously and conducting their own investigation by
talking to people involved. He is trying to find ways to avoid
laying people off; however, he cannot take the attitude there
will be no cutbacks. He stated he is also willing to cut his
salary. Councilmember Wuriu stated although Councilmember Mullen
wishes to discuss her plan this evening, he believes it could be
quite sweeping in its results and he would like to study it fur-
ther. He said he had only received the report today, and would
like to schedule it for an agenda item at the next Council meet-
ing with a staff analysis.
Councilmember Baker stated he worked for a City that was faced
with the same problems Morro Bay is faced with and a number of
staff lay-offs were recommended. As a result of employee outcry,
the positions were not eliminated and all employees kept their
jobs. He stated although he has Councilmember Mullen's proposal,
he is not ready to discuss something handed to him less than 24
hours ago. Perhaps staff can hold off filling vacant positions;
• however, discussing combining the Public Works and Planning
Departments tonight is not in order. He has experience in a City
trying to combine the Police and Fire Departments with disastrous
results, and prefers more time to study this concept.
Councilmember Mullen said what she is hearing is Council is not
willing to discussion the potential of saving $500,000.
SUBSTITUTE Mayor Sheetz offered a substitute motion to hold a
MOTION: properly noticed public hearing on the Budget with full
input from the community, and Councilmember Mullen's
proposal be part of the discussions. Councilmember
Wuriu seconded the substitute motion and it carried
unanimously. (5-0)
1. Councilmember Luna requested an item be scheduled under
Unfinished Business for receive a report on the City Goals
Committee.
2. Councilmember Mullen requested a member of the Resource
Conservation Board be invited to a future Council meeting to dis-
cuss their project for the Domenghini Flats property. Mayor
Sheetz stated she represents the City on the Committee and will
report activities to the Council.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 13, 1992
PAGE 6
• A. CONSENT CALENDAR
A-1 CITY COUNCIL MINUTES OF THE CLOSED SESSION AND REGULAR MEET-
ING OF MARCH 23 1992 THE CLOSED SESSION OF MARCH 24 1992
AND THE CLOSED SESSION OF MARCH 30 1992
Mr. Napper recommended Council approve the minutes as submitted.
A-2 WATER SUPPLY STATUS REPORT
Mr. Napper recommended Council receive the report for file.
A-3 RESOLUTION NO 36-92 AWARDING CONTRACT FOR PROJECT NO RP
91-01 RECREATIONAL PHASE OF TIDELANDS PARK
Mr. Napper recommended Council adopt Resolution No. 36-92.
A-4 PROCLAMATION DECLARING APRIL 26TH-MAY 3RD AS "SOIL• AND WATER
STEWARDSHIP WEEK"
Mr. Napper recommended Council authorize the Mayor to sign the
Proclamation.
A-5 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (ALLEN)
• Mr. Napper recommended Council deny the claim, and authorize the
City Clerk to sign and mail the rejection notice.
A-6 AWARD OF CONTRACT FOR PROJECT NO PW 91-05 MORRO BAY BLVD
AND BALI STREET STORM DRAIN PROJECTS
Mr. Napper recommended Council award the contract to John Madonna
Construction Co. in the amount of $133,980.
A-7 PROCLAMATION DECLARING APRIL 1992 AS "MONTH OF THE CHILD"
Mr. Napper recommended Council authorize the Mayor to sign the
Proclamation.
A-8 RESOLUTION NO 39-92 DESIGNATING SAN LUIS OBISPO COUNTY
HEALTH DEPARTMENT_ DIVISION OF ENVIRONMENTAL HEALTH AS THE
CITY'S SOLID WASTE LOCAL ENFORCEMENT AGENCY
Mr. Napper recommended Council adopt Resolution No. 39-92.
A-9 RESOLUTION APPROVING FINAL MAP FOR TRACT NO 1231 (13-LOT
RESIDENTIAL SUBDIVISION ON IRONWOOD AVENUE: LOPERENA)
Mr. Napper recommended Council adopt Resolution No. 37-92.
Councilmembers Mullen and Wuriu requested Item A-3 be pulled for
• separate discussion.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 13, 1992
PAGE 7
• MOTION: Councilmember Luna moved for approval of the Consent
Calendar with the exception of Item A-3. The motion
was seconded by Councilmember Mullen and unanimously
carried. (5-0)
IRWIN" • • ��
Councilmember Wuriu stated he requested this item be pulled for
discussion because it is an expensive project. He requested a
staff explanation of why it is important to spend this money now
in view of budget constraints? Mr. Wolter stated the City is
receiving approximately $275,000 in grant funds, most of which
expire in June 1992 if the City does not go ahead with the pro-
ject. Councilmember Wuriu asked if there is any way to avoid the
City's portion of the project without giving up the grant funds?
Mr. Wolter stated the grants are for such things as the observa-
tion deck and the stairway to Olive Street. Council could con-
sider eliminating some of the public works improvements as those
are not grant funded. Alternatively, Council can pick and choose
which portions of the project to go ahead with, and the project
can be re -bid.
Councilmember Mullen asked if there is $390,000 in public works
• improvements to this project? Mr. Wolter stated no; public works
improvements add up to $136,000 to $150,000.
Mayor Sheetz stated she is in receipt of a letter from Charles
Ogle, one of the upland property owners at Tidelands Park. The
letter reminds the City of the settlement agreement for Tidelands
property and the City's agreement to improve this area. She
asked Ms. Skousen to review the agreement. Ms. Skousen stated
there is an agreement between the City and the upland property
owners requiring the City to improve Tidelands Park. She said
the City is behind in completing these improvements and further
delay could result in litigation.
Mayor Sheetz suggested the item be continued to the next meeting
to give the City Attorney a chance to research the agreement and
report on the City's responsibilities.
MOTION: Mayor Sheetz moved this item be continued to the next
meeting. The motion was seconded by Councilmember
Baker.
Councilmember Mullen requested the motion also include consider-
ing the use of $150,000 of the insurance money for the Tidelands
Park improvements.
Mayor Sheetz and Councilmember Baker agreed to the
• amendment. The motion carried unanimously. (5-0)
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 13, 1992
PAGE 8
• B. UNFINISHED BUSINESS
B-1 PROGRESS REPORT TO IMPROVE CAURANS LOCAL HIGHWAYS • DIRECTION
SIGNAGE •� -
Mr. Farrel stated Council previously received a study and staff
assessment of improved directional signage on Highway 1 and 41 to
advertise City amenities. Since that time, staff has met with
CalTrans to determine where additional information can be placed
on highway signs. He said CalTrans has very rigid rules about
what can be placed on their highway signs and have tentatively
agreed on only three additions. The choices for adding to the
highway signs are in the form of symbols announcing boating, cam-
era opportunities, hiking, etc.
Mayor Sheetz stated she discussed coastal access signs to beach
areas with CalTrans some time ago, and they informed her the
Coastal Conservancy has jurisdiction over beach access signs.
Mr. Farrel stated this is correct; however, CalTrans does not
allow the access signs on State highways.
Councilmember Wuriu stated the suggestion of using Symbol No. 54
for identifying the launch ramp does not seem to depict this
activity; the sign is not clear. There was some discussion
• regarding using the sailboat or motorboat symbols. Ms. Davis
commented Symbol No. 54 is recognized by the boating community as
the symbol for a launch ramp.
MOTION: Mayor Sheetz moved Council authorize a letter be sent
to CalTrans requesting additional symbol boards be
added to Highway 1 signage depicting a launch ramp and
a camera, and requesting relocation of the Morro Rock
historical landmark sign with additional Highway 1
signage as available. The motion was seconded by Coun-
cilmember Mullen and unanimously carried. (5-0)
C. NEW BUSINESS
NONE
Mr. Farrel stated the downtown parking waiver policy was origi-
nally adopted in 1988 to encourage downtown businesses to build
or expand. This current waiver policy expires in June 1992.
• Although the business community has not taken advantage of this
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 13, 1992
PAGE 9
• opportunity recently, it is believed the economy is responsible
for merchants' hesitation to expand. Therefore, staff is recom-
mending Council extend the downtown parking waiver for another
two years, or until adoption of a parking management plan,
whichever occurs first. He noted a parking management plan may
go to the Planning Commission within the next few months. Mr.
Napper suggested a parking waiver policy could be incorporated
into a parking management plan if Council wishes to retain the
policy.
Mayor Sheetz opened the hearing to the public for comments.
Dave Tope, Kern Ave., stated Council should keep every opportu-
nity available to the business community; they need all the help
they can get.
MOTION: Councilmember Mullen moved for adoption of Resolution
No. 40-92. The motion was seconded by Councilmember
Luna and unanimously carried. (5-0)
D-2 FEASIBILITY REPORT ON $1 PER "ORANGE GARBAGE" BAG PROGRAM AS
AN OPTION IN LOCAL REFUSE COLLECTION SERVICES PULLED
D-3 RESOLUTION NO, 41-92 ADOPTING REVISED NOISE ELEMENT OF THE
CITY GENERAL PLAN (GPA/ZOA 01-92)
• Mayor Sheetz excused herself and handed the gavel to Vice Mayor
Baker. Vice Mayor Baker called for the staff report on this
item.
Mr. Farrel stated in order to realize economies of scale, the
cities in the County have contracted with the County of San Luis
Obispo to hire a consultant to make recommendations for amend-
ments to the Noise Elements in the various jurisdictions. In
response to the consultant's recommendations, staff has prepared
amendments to the City's Noise Element for Council adoption. The
Planning Commission has reviewed the amendments and recommends
approval of the revised element.
Councilmember Mullen asked for clarification on the maps which
were hard to read. Mr. Farrel reviewed the designations.
Mayor Sheetz returned to her seat.
Vice Mayor Baker opened the hearing to the public for comments;
there were no comments, and the hearing was closed to the public.
MOTION: Councilmember Wuriu moved for the adoption of Resolu-
tion No. 41-92. The motion was seconded by Councilmem-
ber Mullen and unanimously carried. (5-0)
• Mayor Sheetz resumed chairing the meeting.
11
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LJ
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 13, 1992
PAGE 10
a. • •• �* • ••,
Mr. Wolter stated the Recreation and Parks Commission has
recently been studying the concept of placing an overlook struc-
ture at the top of Centennial Stairway near Dorn's Original
Breakers Restaurant. The Commission held two public hearings on
this item with no adverse comments. Mr. Wolter stated amendments
to the Master Plan for this site require a recommendation from
the Recreation and Parks Commission directly to the City Council;
Planning Commission review is not required until implementation
of the Master Plan, and no change in functions is proposed by the
amendment. He noted the plan has received the support of Morro
Bay Beautiful.
Councilmember Luna asked if estimated costs are available for
construction of the overlook structure? Mr. Wolter stated no;
costs will depend on design and construction of the project. He
noted costs are not developed until a specific improvement is
determined.
Mayor Sheetz opened the hearing to the public for comments.
Warren Dorn, 212 Beach Street, referred to a letter from Morro
Bay Beautiful supporting the amendment, and they will be happy to
cooperate as outlined.
Mark Allen, resident and works in Morro Bay, said the top of the
Centennial Stairway is a perfect resting place for a gazebo. He
suggested a Victorian style for the gazebo, rather than a rustic
one as suggested. He said the project should not be just a
Recreation and Parks Commission issue, and the gazebo should be
of a scale that when you are driving down Morro Bay Blvd. it is
visible.
Mayor Sheetz closed the hearing to the public.
MOTION: Councilmember Luna moved for the adoption of Resolution
No. 38-92. The motion was seconded by Councilmember
Wuriu and unanimously carried. (5-0)
E. CLOSED SESSION
E-1 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION IN THE
MATTERS OF VOTERS INITIATIVE COMMITTEE V. CITY OF MORRO BAY,
CASE NO. 71138, SUPERIOR COURT, SAN LUIS OBISPO COUNTY; AND
E-4 ROBERT LANE V. SHEETZ. BAKER, AND WURIU, CASE NO. 71562,
SUPERIOR COURT, SAN LUIS OBISPO COUNTY.
E-5 GOVERNMENT CODE §54957.6(A), LABOR RELATIONS
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - APRIL 13, 1992
PAGE 11
• MOTION: Councilmember Mullen moved the meeting be adjourned to
Closed Session. The motion was seconded by Councilmem-
ber Luna and unanimously carried. (5-0)
Mayor Sheetz read the Closed Session statement.
The meeting adjourned to Closed Session at 7:26 p.m. and returned
to regular session at 7:55 p.m.
F. ADJOURNMENT
MOTION: Councilmember Luna moved the meeting be adjourned. The
motion was seconded by Councilmember Wuriu and unani-
mously carried. (5-0)
The meeting adjourned at 7:55 p.m.
Recorded by:
ARDITH DAVIS
City Clerk
•
u
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0
6)
NOT = C E C F S P E C= AL MEET 2 NG
NOTICE IS HEREBY GIVEN, pursuant to Morro Bay
Municipal Code Section 2.08.110, that a Special Meeting
of the Morro Bay City Council is hereby called to be
held on Monday, 06 April 1992 at 5:00 p.m. in the City
Hall Conference Room, 595 Harbor Street, Morro Bay, CA.
At said Special Meeting, Council shall adjourn to
Closed Session in accordance with Government Code
g54956.9(a), pending litigation in the matter of Voters
Initiative Committee v. City of Morro Bay, Case No.
71138, Superior Court, San Luis Obispo County.
DATED: April 3, 1992
•
40
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION - APRIL 6, 1992
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Sheetz called the meeting to order at 5:04 p.m.
PRESENT: Rose Marie Sheetz Mayor
John Baker Councilmember
Ben Luna Councilmember
Susan Mullen Councilmember
Tom Wuriu Councilmember
ABSENT: None
STAFF: Gary Napper City Administrator
Judy Skousen City Attorney
Bill Farrel Comm. Dev. Dir.
David Hunt Special Counsel to
City
E. CLOSED SESSION
E-1 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION IN THE
MATTERS OF:
VOTERS INITIATIVE COMMITTEE V. CITY OF MORRO BAY, CASE NO.
71138, SUPERIOR COURT, SAN LUIS OBISPO COUNTY
CAYUCOS SANITARY DISTRICT V. CITY OF MORRO BAY ET AL.,
CASES NO. 70420 AND 71224, SUPERIOR COURT, SAN LUIS OBISPO
COUNTY
CITY OF MORRO BAY V. CALIFORNIA COASTAL COMMISSION, CASE NO.
120512, SUPERIOR COURT, SANTA CRUZ COUNTY
MOTION: Councilmember Mullen moved the meeting be adjourned to
Closed Session. The motion was seconded by Councilmem-
ber Wuriu and unanimously carried. (5-0)
Mayor Sheetz read the Closed Session statement.
The meeting adjourned to Closed Session at 5:04 p.m. and returned
to regular session at 6:20 p.m.
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 6:20 p.m.
Recorded
0
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.
JOINT MEETING - MARCH 30, 1992
MORRO BAY CITY COUNCIL/RECREATION & PARKS COMMISSION
MORRO BAY COMMUNITY CENTER STUDIO - 7:00 P.M.
1001 KENNEDY WAY, MORRO BAY, CA
ROLL CALL
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council or Commission on City business matters (other than Public Hearings
items under Section D) may do so at this time. When recognized by the
Mayor, please come forward to the podium and state your name and address
for the record. Comments should normally be limited to three minutes.
PRESENTATION: CPRS AGENCY SHOWCASE AWARD TO MORRO BAY
A. CONSENT CALENDAR
• NONE
B. UNFINISHED BUSINESS
NONE
C. NEW BUSINESS
C-1 1992-93 WORK PROGRAM REVIEW
C-2 REVIEW AND APPROVAL OF MAINTENANCE IMPACT STATEMENT FOR TIDELANDS PARK
C-3 REVIEW OF ADMINISTRATIVE AGREEMENT WITH SAN LUIS COASTAL UNIFIED
SCHOOL DISTRICT FOR JOINT FACILITY USE
C-4 COUNCIL EVALUATION OF RECREATION AND PARKS COMMISSION PERFORMANCE
-0-OWIM"14 •�. Lz
D-1 REVIEW AND COMMENT ON RECREATION NEEDS SURVEY
D-2 PRESENTATION OF PETITION REQUESTING ENHANCED YOUTH RECREATION SERVICES
D-3 REVIEW AND ADOPTION OF RECREATION SERVICES PRICING POLICY
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.
•MINUTES - MORRO BAY CITY COUNCIL/RECREATION AND PARRS
JOINT MEETING - MARCH 30, 1992
COMMUNITY CENTER STUDIO, 7:00 P.M.
Rose Marie Sheetz called the meeting to order at 7:05 p.m.
ROLL CALL
Present: Rose Marie Sheetz
Mayor
John Baker
Councilmember
Ben Luna
Councilmember
Susan Mullen
Councilmember
Tom Wuriu
Councilmember
Sandra Young
Chair
Colby Crotzer
Commissioner
Dixon Hafley
Commissioner
Jim Hartzell
Commissioner
Geoffrey Moreland
Commissioner
Mary Jane Puett
Commissioner
Gary Napper
City Administrator
Steve Wolter
Recreation and Parks Director
Andrea Lueker
Sports Coordinator
Vicky Alfano
Cultural Arts Coordinator
Joe Woods
Facilities Coordinator
• Debbie DeMers
Office Assistant III
Absent: Cheryl Halterman
Commissioner
PUBLIC COMMENT
None
PRESENTATION
Mr. Wolter reviewed the Annual Agency Showcase Award received by the
City of Morro Bay from the California Park and Recreation Society.
He indicated the City received an award for the City's use of logo
and promotional pieces for Cities under 50,000 population in 1991.
Award pins were handed out to each member of the Council and
Commission. The Council indicated their acceptance of the award and
approval to the Recreation and Parks Commission and City staff.
Councilmember Wuriu indicated that he hoped the press release had
not been sent out yet as it needed to be developed into a better
format including double spacing and regular format of the local
newspaper. Director Wolter indicated the press release had not been
sent out yet and that it was merely a means of informing the Council
of the presentation of the award.
•
MINUTES - 3/30/92
JOINT COUNCIL - COMMISSION
PAGE 2
C. NEW BUSINESS
C-1 1992-93 WORK PROGRAM REVIEW
Joseph Woods reviewed the 1992-93 Work Program Review with the
City Council and Commission. He reviewed the process of the
Work Program workshops and discussed the contents of the Work
Program. He indicated the Work Program identifies all the
needs in any one fiscal year for the City's Recreation and
Parks system and it was likely that these would not be funded
in a single year.
The Council and Commission held a general discussion regarding
the number of people who attended hearings on the subject and
what the attitude was of those who did attend. Commissioner
Hafley indicated the public seemed grateful to be able to
discuss what is occurring in the community and Councilmember
Mullen asked if the information gathered from the year's
discussion with the community was used in the development of
the Working Program. Mr. Woods indicated all of the
information received during the year regarding new services or
additional services is reviewed prior to going into the
workshops.
• Mr. Napper asked the Commissioners what needs should he take
into consideration as he reviews the upcoming budget requests?
Commissioner Crotzer indicated that he was concerned about the
cost of the half-time administrative assistant, should it be
added. The remainder of the Council and Commissioners went
around the room sharing what their concerns were including
Councilmember Mullen's concern for teen programs, Jim
Hartzell's need to have the Veteran's Memorial Hall reroofed
and other general issues. Councilmember Luna asked about the
reroofing of the Police Department and how that ends up in the
Recreation and Parks budget unit request? Staff indicated the
Recreation and Parks Department is responsible for building
maintenance and therefore has requested that in the Work
Program. Commissioner Moreland indicated that as an example of
the deferred maintenance which is occurring at the Veteran's
Memorial Building, and he felt it important the Morro Bay
Community Center not be placed in this situation even though
there may be difficult budget times ahead. He indicated he
would like to make sure the Community Center was kept nice and
appropriately maintained.
MOTION: Councilmember Wuriu moved the acceptance of the 1992-93
Work Program for file. The motion was seconded by
Councilmember Mullen and unanimously carried (5-0).
40
•
MINUTES - 3/30/92
JOINT COUNCIL - COMMISSION
PAGE 3
C-2 REVIEW AND APPROVAL OF MAINTENANCE IMPACT STATEMENT FOR
TIDELANDS PARR
Mr. Wolter stated the maintenance impact statement was
developed for the Council to consider the costs for bringing
Tidelands Park on-line and maintaining it at the current
standards for the City. He indicated the cost of approximately
$41,000 was expected for first year operations and that revenue
generating ideas to support this park were minimal. He
reviewed the various ideas including the use of volunteers,
formation of assessment district and other revenue producing
ideas to cover this General Fund expense.
Councilmember Luna asked if volunteers could be used in this
situation? Mr. Wolter indicated possibly but not for regular
daily maintenance. Councilmember Baker asked about parking
problems and the continued need for increased parking in the
waterfront area. The Council began discussing the parking
violation problems that occurred in this area and the seasonal
nature of it. A general discussion regarding the
appropriateness of charging parking fees occurred.
Commissioner Crotzer indicated that he would be unhappy to see
day users pay to use the park and that professional fisherman
• and those using the launch ramp should*pay for the facility.
After further discussion regarding this, the Council requested
the Commission look at implementing parking fees in the
Tidelands Park area. Councilmember Luna asked about the
development of an assessment district for Tidelands Park to
finance maintenance of improvements. Mr. Napper commented upon
assessment district boundaries, and issues regarding formation
of an assessment district must be handled at the Council level.
He reminded the Council that the Park is in an enterprise area
and that the Harbor Fund could pay for part of the maintenance
of this particular park once developed.
Councilmember Mullen asked if service groups could help with
the maintenance once a week, and to explore this area. Staff
indicated the use of service clubs, volunteers and such
agencies as the California Conservation Corps and California
Mens Colony would be looked into.
No further action was taken on this item.
C-3 REVIEW OF ADMINISTRATIVE AGREEMENT WITH SAN LUIS COASTAL
UNIFIED SCHOOL DISTRICT FOR JOINT FACILITY USE
Andrea Lueker gave the staff report on this item outlining the
potential administrative agreement to be signed and the ongoing
problems that have occurred in dealing with the San Luis
• Coastal Unified School District. She further indicated that it
seemed apparent an agreement could be signed sometime in the
spring.
*Amended 5-26-92 Council meeting to include the word "not"
•
MINUTES • 3/30/92
JOINT COUNCIL - COMMISSION
PAGE 4
Councilmember Wuriu asked about the process that is being used
in dealing with problems that arise at this time. Ms. Lueker
responded the school is not planning in advance; as a result,
it is difficult to deal with problems on a pro -active basis.
The Council indicated their general support of the JPA and JUA
and Councilmember Luna indicated he felt it was important for
them to develop a better cooperative relationship with San Luis
Coastal Unified School District.
No further action was taken at this time.
C-4 COUNCIL EVALUATION OF RECREATION AND PARRS
This item was agendized by Councilmember Luna who indicated he
had two (2) purposes in asking it to be agendized. The first
purpose was not to evaluate each Commissioner but to review
with the Commission how they felt their operation with the City
was going and how communication between Commission, Staff and
Council could be run more effectively.
Commissioner Crotzer felt that meeting with the Council once a
year was an ideal way to enhance communication and that the
Commissioners do not feel very informed about what is going on.
• They focus mostly on the materials provided by City staff and
perhaps they need to take the initiative to call the Council.
Mayor Sheetz indicated that the Commission's primary concern
was in the area of recreation and parks and that in
Commissioner Crotzer's situation he serves as her
representative towards the Commission for the concerns
primarily of youth.
Commissioner Hafley indicated that meeting with the Council
once per year was good but that they need more information
regarding the occurrences in the City.
Mary Jane Puett indicates that meeting with the Council and
Steve is very valuable and she sees staff's purpose as relaying
Commissioner concerns to the City Council and noted this is
done by Mr. Wolter on a regular basis.
Councilmember Mullen indicated she wanted to know how the
Commissioners felt they are doing as a Commission.
Dixon Hafley indicated he had no concerns and felt that staff
points Commission in the right direction. Chairperson Sandy
Young indicated she has been on the Commission three (3) years
and that it is sometimes frustrating to understand the system.
She indicated it is a learning process and a very slow process
• to determine how the system works. She would like to try and
develop some way to expedite that information to new
Commissioners so they can understand the system better.
•
MINUTES - 3/30/92
JOINT COUNCIL - COMMISSION
PAGE 5
Commissioner Hartzell indicated the recreation and park
community thoughts are brought to each meeting by the
Commission and they help staff set policy and develop solutions
to problems. Commissioner Hartzell also indicated the Council
has at least six (6) to eight (8) different advisory boards so
he felt it imperative that the Commission come up with
solutions for the City Council.
Geoff Moreland seemed to think the Commission functions well
and that it works well with staff. He indicated the Commission
should try and be a point for problem solving so that the
Council doesn't have problems to solve. Since they serve at
the pleasure of the Council but work through staff, it is
important they have a very good relationship develop with the
City staff. He further indicated that the Commission is not a
rubber stamp for staff but this fact is not perceived as well
by the public.
Councilmember Mullen indicated she felt the Commission does a
fantastic job. She indicated there is only so much money and
that a lot of it has resulted in development of very stylized
programs and brochures and that perhaps there is not a lot of
ability for the Commission to be creative. She reiterated she
felt the Commission was doing a fantastic job in fielding
• issues before they come to the Council and that the creativity
of the Commission needs support.
City Administrator Napper indicated that many times staff, the
Commission, and the Council do not receive feedback if things
are okay. He commented that many times feedback is received in
situations where the public is unhappy and that if you do not
hear feedback, perhaps you are doing great.
No further action was taken on this item.
D. PUBLIC HEARINGS. REPORTS AND APPEARANCES
D-1 REVIEW AND COMMENT ON RECREATION NEEDS SURVEY
Mr. Wolter gave the staff report on this item and reviewed the
results of two (2) Cal Poly student surveys completed this past
August. He further indicated that much of the information
contained in the report was of a preliminary nature and would
be interpreted later in the Recreation and Park Element Needs
Section rewriting. Mayor Sheetz asked about what people wanted
to do at night and to develop activities for tourists; little
evening entertainment results in the fact the movie theater is
the big event. Councilmember Luna indicated he would be
interested in seeing the rewriting of the Needs Assessments to
• be included in the Recreation and Park Element.
•
MINUTES - 3/30/92
JOINT COUNCIL - COMMISSION
PAGE 6
Commissioner Moreland asked if things that the community wants
us to do are included in the document as far as the Council and
Commission are concerned including development of miniature
golf courses. Commissioner Hafley indicated that he felt the
City could run a miniature golf course and use that as a
business and a valuable tool. Mr. Wolter indicated that some
Cities have enterprise funds which cover a good share of the
administrative costs of operating a Recreation and Parks
Department; perhaps the miniature golf course could do the
same.
Commissioner Puett indicated unless the City opens the door to
more business they won't want to be here and felt that
miniature golf would be a good thing perhaps as a City
enterprise event but also as a business. Councilmember Baker
indicated he felt that the private firms could do a better job
at offering such a service as miniature golf.
Commissioner Crotzer stated he thought it was a good move to
use students in this effort to understand the recreational
needs of the community. He indicated there were large numbers
of people responding to recreational needs that are lacking,
and he felt the voice of residents and visitors were accurately
reflected.
• Commissioner Young felt this was a valuable tool but underlying
in the needs analysis is that kids in the community need more
activities.
Councilmember Mullen noted the interesting fact in the study
that residents would be willing to pay for more recreational
facilities in the community while tourists apparently would not
be willing to pay.
No further action was taken regarding this item.
D-2 PRESENTATION OF PETITION REGARDING ENHANCED RECREATION SERVICES
Vicky Alfano gave the staff report on this item outlining the
results of the program audit findings that teen services
programs were lacking.
Councilmember Mullen indicated she had also studied this issue
along with Councilmember Luna in a associated student body
report for the Morro Bay High School. She indicated they found
that events that were created in Los Osos would work better
because of the split between Los Osos and Morro Bay students
and that Los Osos students needed the participation.
• Commissioner Moreland indicated there also appears to be a real
problem and lack of parental involvement in the community that
would support a varied and high quality teen program. Mary
Jane Puett indicated that Los Osos kids will participate in
•
MINUTES - 3/30/92
JOINT COUNCIL - COMMISSION
PAGE 7
activities in Morro Bay but they are very fickle. She also
indicated the Friday Night Live Group was apparently very
successful at Morro Bay High School and the City shouldn't
overlap activities with this group.
No further action was taken on this item.
D-3 REVIEW AND ADOPTION OF RECREATION SERVICES PRICING POLICY
Director Wolter gave a brief review of this item to the City
Council. Councilmember Wuriu indicated he felt it very
difficult to follow. The Commissioners indicated that some of
the information was very valuable and it was a powerful tool to
allow us to establish cost recovery rates for the City.
Councilmember Luna asked if there was any participation of the
public to which Commissioner Moreland responded, none.
Commissioner Moreland also said, however, that it should be
known that such items as lap swimmers' confusion with the
amount that it costs to offer a service would be clarified with
use of this new policy. After discussion it was determined
that another joint meeting to discuss this item would be to the
best advantage of everybody attending. It was determined that
a subsequent meeting would be held to review and discuss this
item further.
• MOTION: Councilmember Luna moved the meeting be adjourned to
Closed Session. The motion was seconded by Councilmember
Mullen and unanimously carried. (5-0)
Mayor Sheetz read the Closed Session statement.
The meeting adjourned to Closed Session at 9:34 p.m. and returned to
regular session at 9:50 p.m.
ADJOURNMENT
MOTION: Councilmember Wuriu moved the meeting be adjourned. The
motion was seconded by Councilmember Luna and unanimously
carried. (5-0).
The meeting adjourned at 9:50 p.m.
RESPECTFULLY SUBMITTED,
A.
• / RECREATION AND
SAW:dd
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City Of Morro Bay
• City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life
which we all enjoy. We are committed to this purpose and will provide a level of municipal
service consistent and responsive to our public and its needs.
CLOSED SESSION - MARCH 24, 1992
CITY HALL CONFERENCE ROOM - 10:00 P.M.
595 HARBOR ST., MORRO BAY, CA
Morro Bay City Council adjourned from their regular meeting of 23 March
1992 to the above time and date to consider the following Closed Session
items:
E-1 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION AS FOLLOWS:
CAYUCOS SANITARY DISTRICT V. CITY OF MORRO BAY. ET AL, CASES NO.
70420 AND 71224, SUPERIOR COURT, SAN LUIS OBISPO
CAYUCOS SANITARY DISTRICT V. COASTAL COMMISSION, CASE NO. 71030,
SUPERIOR COURT, SAN LUIS OBISPO
CITY OF MORRO BAY V. COASTAL COMMISSION, CASE NO. 120512,
SUPERIOR COURT, SAN LUIS OBISPO
•. ADJOURNMENT
0
•
s
MINUTES - MORRO BAY CITY COUNCIL
ADJOURNED CLOSED SESSION - MARCH 24, 1992
CITY HALL CONFERENCE ROOM - 10:00 A.M.
Mayor Sheetz called the meeting to order at 10:08 a.m.
PRESENT: Rose Marie Sheetz
John Baker
Susan Mullen
Tom Wuriu
ABSENT: Ben Luna
STAFF: Gary Napper
Judy Skousen
David Hunt
E. CLOSED SESSION
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
City Attorney
Special Counsel to
City
E-1 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION AS FOLLOWS:
CAYUCOS SANITARY DISTRICT V. CITY OF MORRO BAY ET AL,
CASES NO. 70420 AND 71224, SUPERIOR COURT, SAN LUIS
OBISPO
CAYUCOS SANITARY DISTRICT V. COASTAL• COMMISSION, CASE
NO. 71030, SUPERIOR COURT, SAN LUIS OBISPO
CITY OF MORRO BAY V. COASTAL COMMISSION, CASE NO.
120512, SUPERIOR COURT, SANTA CRUZ
MOTION: Councilmember Baker moved the meeting be adjourned to
Closed Session. The motion was seconded by Councilmem-
ber Wuriu and unanimously carried. (5-0)
Mayor Sheetz read the Closed Session statement.
The meeting adjourned to Closed Session at 10:08 a.m. and
returned to regular session at 10:53 a.m.
F. ADJOURNMENT
MOTION: Councilmember Mullen moved the meeting be adjourned.
The motion was seconded by Councilmember Baker and
unanimously carried. (5-0)
The meeting adjourned at 10:53 a.m.
Recorded.
Deputy City Clerk
a 3, i 9 l .�?,
City Of Morro Bay
46 City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life
which we all enjoy. We are committed to this purpose and will provide a level of municipal
service consistent and responsive to our public and its needs.
CLOSED SESSION - MARCH 23, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
595 HARBOR ST., MORRO BAY, CA
E-1 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION AS FOLLOWS:
CAYUCOS SANITARY DISTRICT V. CITY OF MORRO BAY, ET AL, CASES NO.
70420 AND 71224, SUPERIOR COURT, SAN LUIS OBISPO
CAYUCOS SANITARY DISTRICT V. COASTAL COMMISSION, CASE NO. 71030,
SUPERIOR COURT, SAN LUIS OBISPO
CITY OF MORRO BAY V. COASTAL COMMISSION, CASE NO. 120512,
SUPERIOR'COURT, SAN LUIS OBISPO
E-2 GOVERNMENT CODE §54956.9(A), SONIC CABLE LEASING CORP. V. CITY OF
MORRO BAY, CASE NO 91 6171 AWJ (JRX), U.S. DISTRICT COURT, CENTRAL
DISTRICT OF CALIFORNIA
E-3 GOVERNMENT CODE §54957.6(A), LABOR RELATIONS
•
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
REGULAR MEETING - MARCH 23, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearings items under
Section D) may do so at this time. When recognized by the Mayor, please
come forward to the podium and state your name and address for the record.
Comments should normally be limited to three minutes.
DECLARATION OF FUTURE AGENDA ITEMS (CITY COUNCIL)
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 CLOSED SESSION MEETING OF MARCH 6,
1992 AND THE REGULAR MEETING OF MARCH 9, 1992
A-2 EXPENDITURE REPORT - FEBRUARY 1992
4L3 STATEMENT OF INVESTMENTS - FEBRUARY 1992
A-4 NOTICE OF COMPLETION ON PROJECT NO. PW 90-02, QUINTANA ROAD/MAIN
STREET TRAFFIC SIGNAL IMPROVEMENTS
A-5 PROCLAMATION DECLARING APRIL 9, 1992 AS "STUDENTS IN GOVERNMENT DAY"
A-6 WATER SUPPLY STATUS REPORT
•-7 AWARD OF CONTRACT FOR PROJECT NO. PW 91-11, NORTH T-PIER ELECTRICAL
SYSTEM
A-8 ACCEPTANCE OF RESIGNATION FROM STREETS AND TREES COMMITTEE (PAUL) AND
APPOINTMENT OF APPLICANTS TO VACANCIES (2)
A-9 RESOLUTION NO. 34-92 DECLARING WEEDS A FIRE HAZARD AND PUBLIC
NUISANCE, AND AUTHORIZATION OF NOTICE TO PROCEED TO ABATE
A-10 APPROVAL OF FINAL MAP FOR TRACT NO. 1529 (6-LOT RESIDENTIAL SUBDIVI-
SION ON MIMOSA STREET/IRONWOOD AVENUE; ATCHLEY/ALDRIDGE, APPLICANTS)
A-11 PROCLAMATION DECLARING APRIL 20-24, 1992 AS "MORRO BAY COMMUNITY
CLEAN-UP WEEK", AND APPROVAL OF ASSOCIATED ACTIVITIES
B. UNFINISHED BUSINESS
B-1 ORDINANCE NO. 417 AMENDING LOCAL WATER CONSERVATION LEVEL 2 TO DELETE
OUTDOOR IRRIGATION AND NEW LANDSCAPING RESTRICTIONS (SECOND READING/
ADOPTION)
C. NEW BUSINESS
C-1 STREETS AND TREES COMMITTEE RECOMMENDATION ON STREETS FOR MAINTENANCE
OVERLAY PERFORMED BY CITY CREWS
0-2 STREETS AND TREES COMMITTEE RECOMMENDATION FOR STOP SIGN ON LAUREL
AVENUE AT AVALON STREET (RESOLUTION NO. 33-92)
C-3 ASSIGNMENT OF LEASE SITE 90/90W FROM EDNA EDDY TO LYNN STOKES (DBA
MORRO BAY MARINE, 875 EMBARCADERO) PULLED
C-4 COUNCILMEMBER PROPOSAL FOR A FISHERMEN'S MARKET PILOT EVENT AND
FUNDING
D. PUBLIC HEARINGS REPORTS & APPEARANCES
D-1 HEARING ON APPEAL OF PLANNING COMMISSION CONDITIONS ON APPROVAL OF
CONVERSION OF 3-UNIT APARTMENT COMPLEX TO A 3-UNIT CONDOMINIUM
COMPLEX; CASE NO. CUP 55-91/CDP 38-91/PM 02-91 (440 SHASTA AVE.;
GREENING, APPLICANT/APPELLANT)
D-2 PUBLIC HEARING ON FINAL ENVIRONMENTAL IMPACT REPORT FOR LOCAL DISTRI-
BUTION LINES AND FACILITIES, STATE WATER PROJECT COASTAL BRANCH -
PHASE II; AND, CONSIDERATION OF DRAFT WATER PURVEYOR AGREEMENT WITH
COUNTY
F. ADJ
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
CLOSED SESSION - MARCH 23, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
I
•
Mayor Sheetz called the meeting to order at 6:00 p.m.
PRESENT: Rose Marie Sheetz
John Baker
Ben Luna
Susan Mullen
Tom Wuriu
STAFF: Gary Napper
Judy Skousen
E. CLOSED SESSION
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
City Attorney
E-1 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION AS FOLLOWS:
CAYUCOS SANITARY
DISTRICT
V CITY OF MORRO
BAY ET AL,
CASES NO. 70420
AND
71224; CAYUCOS SANITARY
DISTRICT V.
COASTAL COMMISSION,
CASE NO. 71030;KAREN MULLIS
V. CITY
OF MORRO BAY,
CASE
NO. 67210; KATHERINE
HISCHIER V.
CITY OF MORRO
BAY,
CASE NO. 69677; JOHNSON
ET AL. V.
CITY OF MORRO
BAY,
CASE NO. 69131; GILLMAN
ET L. V.
CITY OF MORRO
BAY,
CASE NO. 69131, ALL
PENDING IN
SUPERIOR COURT,
SAN
LUIS OBISPO
CITY OF MORRO
BAY
V. COASTAL COMMISSION,
CASE NO.
120512, SUPERIOR COURT, SANTA CRUZ COUNTY
SONIC CABLE LEASING
CORP V CITY OF MORRO
BAY, CASE
NO. CV 91-6171, UNITED STATES DISTRICT COURT
E-2 GOVERNMENT CODE §54957.6(A), LABOR RELATIONS
MOTION: Councilmember Baker moved the meeting be adjourned to
Closed Session. The motion was seconded by Councilmem-
ber Luna and unanimously carried. (5-0)
Mayor Sheetz read the Closed Session statement.
The meeting adjourned to Closed Session at 5:15 p.m. and returned
to regular session at 5:55 p.m.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 23, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Sheetz called the meeting to order at 6:05 p.m.
•
I
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 23, 1992
PAGE 2
ROLL CALL
PRESENT: Rose Marie Sheetz
John Baker
Ben Luna
Susan Mullen
Tom Wuriu
ABSENT: None
STAFF: Gary Napper
Judy Skousen
Rick Algert
Bill Boucher
Louise Burt
Ardith Davis
William Farrel
Forrest Henderson
Steve Wolter
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
City Attorney
Harbor Director
Acting PW Dir.
Finance Director
City Clerk
Community Dev. Dir.
Asst. City Admin.
Rec. & Parks Dir.
Reverend Robert Adams of the First Christian Church gave the
invocation, and Horace Strong led the Pledge of Allegiance.
PUBLIC COMMENT
1. Fred C. Witt, 494 Kings Ave., stated he is serving
notice on Councilmembers Luna and Mullen that a group of Morro
Bay citizens are initiating recall proceedings against them. He
handed Councilmembers Luna and Mullen each an envelope.
«c._0 150Z •_ _ ) a MAO_R�'
None.
A. CONSENT CALEND
A-1 CITY COUNCIL MINUTES OF THE SPECIAL CLOSED SESSION MEETING
OF CH 9. 1992
Mr. Napper recommended Council approve the minutes as submitted.
A-2 EXPENDITURE REPORT - FEBRUARY 1992
Mr. Napper recommended Council approve the Expenditure Report.
A-3 STATEMENT OF INVESTMENTS - FEBRUARY 1992
Mr. Napper recommended Council accept the Statement for file.
El
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 23, 1992
PAGE 3
A-4 NOTICE OF COMPLETION ON PROJECT NO PW 90-02 QUINTANA
ROAD/MAIN STREET TRAFFIC SIGNAL IMPROVEMENTS
Mr. Napper recommended Council accept the project as complete,
and authorize the City Clerk to sign and record the Notice of
Completion.
A-5 PROCLAMATION DECLARING APRIL 9 1992 AS "STUDENTS IN GOVERN-
MENT DAY"
Mr. Napper recommended Council authorize the Mayor to sign the
Proclamation.
A-6 WATER SUPPLY STATUS REPORT
Mr. Napper recommended Council receive the report for file.
A-7 AWARD OF CONTRACT FOR PROJECT NO PW 91-11, NORTH T-PIER
ELECTRICAL SYSTEM
Mr. Napper recommended Council award the contract to Paragon Pro-
tective Concepts in the amount of $26,400.
A-8 ACCEPTANCE OF RESIGNATION FROM STREETS AND TREES COMMITTEE
(PAUL) AND APPOINTMENT OF APPLICANTS TO VACANCIES (2)
Mr. Napper recommended Council accept Mr. Paul's resignation, and
appoint Richard Fragale and Susan Stern to the two vacancies on
the Streets and Trees Committee with terms of office as drawn by
lot at their first Committee meeting.
A-9 RESOLUTION NO 34-92 DECLARING WEEDS A FIRE HAZARD AND
PUBLIC NUISANCE AND AUTHORIZATION OF NOTICE TO PROCEED TO
ABATE
Mr. Napper recommended Council adopt Resolution No. 34-92.
A-10 APPROVAL OF FINAL MAP FOR TRACT NO 1529 (6-LOT RESIDENTIAL
SUBDIVISION ON MIMOSA STREET/IRONWOOD AVENUE; ATCHLEY/
ALDRIDGE, APPLICANTS)
Mr. Napper recommended Council approve the Final Map for Tract
No. 1529 (TM 02-87; CDP 14-87R).
A-11 PROCLAMATION DECLARING APRIL 20-24 1992 AS "MORRO BAY COM-
MUNITY CLEAN-UP WEEK". AND APPROVAL _OF_ASSOCIATED ACTIVITIES
Mr. Napper recommended Council authorize the Mayor to sign the
Proclamation.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 23, 1992
PAGE 4
• Councilmember Wuriu requested Item A-3 be pulled for separate
discussion, and Councilmember Mullen requested Item A-5 be
pulled.
A-3 STATEMENT OF INVESTMENTS - FEBRUARY 1992
Councilmember Wuriu stated he noted interest rates are consider-
ably lower now than they were a year ago. He asked if there is
any impact on the budget? Ms. Burt stated the low interest rates
do affect the budget and revenues are lower than anticipated.
Mayor Sheetz complimented Ms. Burt on her astuteness in managing
money; she said the City could be in a much worse situation with-
out Ms. Burt's skill in investing City funds properly
A-5 PROCLAMATION DECLARING APRIL 9. 1992 AS "STUDENTS IN GOVERN-
MENT DAY"
Councilmember Mullen stated Students in Government Day will be
held on April 9th this year; Morro Bay High School will be repre-
sented by 29 students as Councilmembers and Department Heads.
She noted a mock City Council meeting will be held from 1:00 p.m.
to 3:00 p.m. on April 9th, and invited the public to attend and
see the students in action.
MOTION: Councilmember Wuriu moved for approval of the Consent
Calendar. The motion was seconded by Councilmember
Luna and unanimously carried. (5-0)
B. UNFINISHED BUSINESS
•: • __ ._� _ �• sir •_. • ..a_ _: • •.� _
Mr. Napper stated this is the second and final reading of an
ordinance amending Level 2 of the City's Water Conservation Pro-
gram. The ordinance will become effective April 22nd, and no-
tices will be sent to all customers advising them of the change.
MOTION: Councilmember Mullen moved Ordinance•No. 417 be read by
title and number only. The motion was seconded by
Councilmember Luna and unanimously carried. (5-0)
Mr. Napper read Ordinance No. 417 by title and number only.
MOTION: Councilmember Baker moved for the adoption of the sec-
ond and final reading of Ordinance No. 417. The motion
was seconded by Councilmember Mullen and unanimously
carried. (5-0)
•
I
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 23, 1992
PAGE 5
C. NEW BUSINESS
C-1 STREETS AND TREES COMMITTEE RECOMMENDATION ON STREETS FOR
MAINTENANCE OVERLAY PERFORMED BY CITY CREWS
Mr. Boucher stated City Council recently authorized $50,000 in
the Mid -Year Budget for overlay of streets. The Streets and
Trees Committee has reviewed the list of streets ready to be
paved, and made the following street overlay recommendations to
Council:
Street (limits)
Arcadia (all)
Arbutus (all)
Tulare (all)
Carmel (all)
Marina (Kern to Pacific)
Mesa (Kern to Madera)
Anchor (Kern to Madera
City Forces
Estimated Cost
$ 6,600
6,600
6,600
8,800
4,700
4,900
4.900
TOTAL $43,100
Mayor Sheetz stated it is an excellent recommendation and should
go forward. Mr. Boucher noted the work can be done as soon as
weather permits.
MOTION: Mayor Sheetz moved Council authorize City forces to
maintenance overlay selected streets as recommended by
the Streets and Trees Committee within the allocated
budget of $50,000. The motion was seconded by Coun-
cilmember Mullen and unanimously carried. (5-0)
-'--- '-�• --`.- •ulw._ •vim. �•�__•� •S •' •
1. � - •, - - • •� -• -
Mr. Boucher stated the Streets and Trees Committee is recommend-
ing a stop sign be installed for southbound traffic on Laurel
Avenue at Avalon. He stated staff studied the intersection and
found no warrants for installing a stop sign at this location;
there area no sight distance problems or history of accidents.
Mr. Boucher explained the legal ramifications of placing stop
signs where unsupported by warrants. While individual stop signs
do not impact the budget, numerous stop signs cumulate in terms
of costs and employee time to maintain the signs. He suggested
Council look hard at each individual request to make sure a stop
sign is justified by engineering warrants before authorizing
installation of a stop sign.
Mayor Sheetz asked what the Streets and Trees Committee's ratio-
nale was for requesting a stop sign at this location? Mr.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 23, 1992
PAGE 6
• Boucher stated people driving up Avalon cut the corner when they
come to Laurel.
Councilmember Wuriu stated he advocates stop signs if they will
make an intersection safer; however, agrees with the staff posi-
tion on this recommendation after examining the site.
There was discussion regarding surveying the intersection with a
suggestion a member of the Streets and Trees Committee be
assigned this task.
Mr. Paul, recently resigned from the Streets and Trees Committee,
stated he requested this item be considered because the problem
actually occurs on Juniper Avenue as a sight -distance factor.
MOTION: Councilmember Luna moved a member of the Streets and
Trees Committee monitor the intersection with the anal-
ysis returned to the Streets and Trees Committee and a
recommendation made to Council. The motion was sec-
onded by Councilmember Wuriu.
There was further discussion on reacting to requests for individ-
ual stop signs rather than having an overall plan or specific
criteria for installation. Mr. Napper noted the criteria is
whether or not there are warrants for a stop sign pursuant to
Traffic Manuals and American Automobile Association standards.
In this case, there are no justifying warrants, but the Streets
and Trees Committee wants a sign there anyway.
The motion was unanimously carried. (5-0)
C-3 ASSIGNMENT OF LEASE SITE 90/90W FROM EDNA EDDY TO LYNN
STOKES (DBA MORRO BAY MARINE 875 EMBARCADERO) PULLED
C-4 COUNCI MEMBER PROPOSAL FOR A FISHERMEN'S MARKET PILOT EVENT
AND FUNDING
Councilmember Mullen stated she has been working with a group of
people for approximately 15 months discussing the possibility of
holding a fishermen's market in Morro Bay. it could be fashioned
after the Farmer's Market in San Luis Obispo, and bring County
people to Morro Bay for fresh fish, etc. She noted representa-
tives from the Motel/Hotel and Restaurant Association, seafood
processing, and Chamber of Commerce have been meeting to work out
details. Some of the ideas are to hold it on a Friday evening on
Market Street in front of Reuben's Restaurant and Dorn's Cafe.
The initial event could take place on June 5th and be coordinated
with other events that weekend such as the Bay Cleanup, Central
Coast Recreation Exposition, and re -opening of the South T-Pier.
She noted some people do object to a Friday night event, and the
• fishermen have expressed concerns there may not be fresh fish to
sell in June; so, there are problems to work out. She asked
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 23, 1992
PAGE 7
• Council to approve the idea in concept for the first event to be
held Friday, June 5th.
Vivian Doubledee, 541 Estero Ave. and Chamber of Commerce Presi-
dent, stated she discussed this with the Chamber Board of Direc-
tors; most are excited by the idea and would like to be part of
the program. However, the fishermen are concerned about having
fish in June and the Hotel/Motel Association are not in favor of
a Friday night event. They have no problem filling the motels on
weekends, and would prefer a fishermen's market be held during a
week night when they could use the business.
Councilmember Baker stated the concept is great, but maybe it
could be scheduled for a different time? Councilmember Wuriu
agreed, and believes the details can be worked out.
Mayor Sheetz stated she would like to see the budget broken down
to see to how much of the $1,600 is going towards the fishermen's
market event. Mr. Wolter stated it is difficult to break it down
as some of the costs will overlap others; for instance, advertis-
ing will contain information about all events.
MOTION: Councilmember Luna moved Council approve the idea in
concept and let Councilmember Mullen and the Chamber of
Commerce work out the details; and, the $1,600 budget
for all events of June 5-6, 1992, be approved. The
motion was seconded by Councilmember Baker and unani-
mously carried. (5-0)
D. PUBLIC HEARINGS_ REPORTS & APPEARANCES
D-1 HEARING ON APPEAL OF PLANNING COMMISSION CONDITIONS ON
APPROVAL OF CONVERSION OF 3-UNIT APARTMENT COMPLEX TO A 3-
UNIT CONDOMINIUM COMPLEX• CASE NO CUP 55-91/CDP 38-91/PM
02-91 (440 SH_ASTA AVE • GREENING APPLICANT/APPELLANT)
Mr. Farrel stated the Planning Commission approved a request by
Mr. Greening for a Conditional Use Permit, Coastal Development
Permit and Tentative Parcel Map to allow the conversion of a
three unit apartment complex into three condominium units with
conditions. Mr. Greening is appealing Condition No. 11 which
requires affordable housing units on site. He explained the
existing three apartment units were built when the property was
zoned R-3. It is now zoned R-2 and the size of the lot will only
permit two units. Density bonus options allow three units in an
R-2 area if one of the units is designated low-income housing
(33%). The Planning Commission granted the density bonus on this
incentive basis and the applicants object to the condition.
Staff recommends Council uphold the Planning Commission action.
If Council disagrees, he requested they provide specific findings
• so staff can formulate a proper Resolution for the next meeting.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 23, 1992
PAGE 8
• Mayor Sheetz stated Council discussed this subject last year.
Mr. Farrel stated an ordinance was presented to Council along
with the inclusionary housing issue. At that time, Council
requested the item return later in 1992; there is presently no
ordinance. He noted State law does allow for the necessary
affordable housing to be provided off -site. Mr. Greening may opt
to purchase a less expensive piece of property and designate it
as low-income housing thereby allowing him to sell the three unit
condominiums at current housing rates.
Ms. Skousen clarified Mr. Greening needs a density bonus in order
to allow him to convert three apartments into three condominiums,
even though there is to be no structural change in the property.
The only way to obtain a density bonus is to provide low income
housing either on site or at another location within the City or
immediately right outside City limits.
Mr. Farrel stated the zoning ordinance allows a 5% variation of
lot sizes; however, the three units represent a 15% to 20% varia-
tion which cannot be accommodated. The zoning was changed some
time ago for the specific purpose of eliminating R-3 uses in this
neighborhood. As long as it remains an apartment use, it is
legal non -conforming. Conversion to condominium requires the
applicant conform to current zoning.
Councilmember Wuriu questioned whether an in -lieu fee could be
substituted for on- or off -site low income housing? Ms. Skousen
advised against this practice since the City does not have an
ordinance allowing the procedure. Councilmember Baker noted we
really have a technicality here in that if the property had
remained zoned as R-3, there would be no problem.
Randal Zeeb, Quad Consultants, Visalia and representing Mr.
Greening, distributed pictures of the property to Council. He
said this is probably the only property in the City with a prob-
lem like this. He said the issue is one of equity; granting the
appeal is the right thing to do. He said the apartments were
built as condos, they just never had a map; each unit has its own
sewer, water, and electricity; common walls were built in accor-
dance with State standards for condominiums. Mr. Zeeb stated
Shasta Ave. is an 80 foot right-of-way and is not developed to 80
feet. He asked if it would be possible to abandon a portion of
Shasta to increase the size of the lot to bring it up to the size
needed to permit three units?
Councilmember Mullen stated the applicants must have been advised
by staff the additional density required one unit to be desig-
nated affordable housing when they filed for and then processed
the subdivision. Mr. Farrel responded that information was given
to the developer in Subdivision Review Board.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 23, 1992
PAGE 9
. Ms. Skousen suggested the applicant apply for a change in zoning.
Mr. Zeeb stated they prefer to have Condition No. 11 eliminated.
Councilmember Wuriu asked what the ramifications are if the Coun-
cil grants the appeal? Ms. Skousen suggested Council not ignore
State law. She said the City is compromising on the issue by
allowing the applicant to provide the low-income unit off -site
rather than on the condo site.
Councilmember Baker stated while he favors low income housing, he
objects to laws requiring property owners to provide for every-
body else coming along afterwards. This is not fair to the prop-
erty owner.
MOTION: Councilmember Baker moved Council uphold the appeal and
eliminate Condition 11.
The motion died for lack of a second.
Councilmember Luna asked what would happen if the City granted
the appeal? Ms. Skousen stated it could have ramifications on
the City's Housing Element; a neighbor could also sue and say the
City broke the law.
Mayor Sheetz favored Mr. Zeeb reviewing the issue with his
clients. Council favors granting the appeal, but cannot break
the law.
Ann Freeman, 785 Cabrillo Place, urged Council to find for the
applicant. She noted the Bayshore and Alta Morro applicants say-
ing they could not afford to provide low-income housing on their
projects, and Council agreed it was not necessary. The one -unit -
out -of -three is not fair to Mr. Greening. Staff noted those
cases were examples of inclusionary zoning objectives not
involved in this density bonus situation.
John Lemons stated he is a neighbor of the subject property. He
said the structure is one of the nicest in the City and is excep-
tionally well kept. He noted other apartment buildings in the
immediate neighborhood with considerably more units.
Al Paul asked if there is a recent Supreme Court case regarding
the liability of cities for down -zoning property and thereby
reducing its value causing the city to compensate the owner for
his loss. Ms. Skousen was aware of a case similar to that
described by Mr. Paul, but it does not apply in this situation;
reasonable use was still allowed in the change from R-3 to R-2.
MOTION: Councilmember Baker moved Council find for the owner
and uphold the appeal.
• The motion died for lack of a second.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 23, 1992
PAGE 10
• Councilmember Wuriu stated he wants to help the property owner in
this case, but wants to do it on a sound basis.
MOTION: Councilmember Wuriu moved this item be referred to the
City Attorney for thorough research keeping in mind
Council wishes to uphold the appeal if possible. The
motion was seconded by Councilmember Mullen and unani-
mously carried. (5-0)
MOTION: Mayor Sheetz moved the hearing on this matter be con-
tinued to the second meeting in April 1992. The motion
was seconded by Councilmember Baker and unanimously
carried. (5-0)
WKELOOPEW
Mr. Napper stated several presentations will be made this
evening: Bill Boucher, Acting Public Works Director, will review
the Final Environmental Impact Report (FEIR); Ms. Skousen will
review the proposed contract between the cities and the County;
Steve Americana with the law firm of Hatch & Parent will discuss
how this same process worked in Santa Barbara; and Douglas Brown,
attorney with the firm of Brown and Wood, will review financial
obligations and options.
Mr. Boucher stated in the Spring of 1991, Council eliminated the
State Water Project as a long-term water option for the City.
When the draft EIR for the State Water Project was released in
August 1991, this information was given to Council but since the
project was not a priority for Morro Bay, no comments were made.
In December 1991, Measure G passed and the State Water Project is
again a priority for Morro Bay. The Final Environmental Impact
Report (FEIR) on local facilities to the State Water Project was
received on March 13th. The purpose of meeting this evening is
for Council to comment on the FEIR and proposed contract; City
comments will be presented to the Board of Supervisors at their
meeting on March 25th.
Mr. Boucher noted Measure G, passed by the voters in December
1991, provides for Morro Bay's subscription to State Water to be
a minimum of 1313 acre feet, the FEIR calls for an estimated
delivery to Morro Bay of 1215 af. He explained this may be
increased or decreased depending upon the subscription or non -
subscription from other agencies in the County. He noted Morro
Bay's share of costs will also increase if other water purveyors
do not participate in the project.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 23, 1992
PAGE 11
• Mr. Boucher discussed the proposed Whale Rock Exchange in the
FEIR which outlines the possible exchange of the City's subscrip-
tion to State Water for an equal amount of water from the Whale
Rock Reservoir. There have been preliminary discussions on this
concept with City of San Luis Obispo staff with no agreements
since San Luis Obispo has not yet decided if they will partici-
pate in the State Water Project. The City must build a water
treatment plant to treat Whale Rock water should an agreement be
reached with the Whale Rock Commission. He cautioned Whale Rock
water supply depends on weather patterns the same as the City's
present groundwater supply.
Mr. Boucher stated the FEIR also requires water from the State
Water Project be first used to offset each community's share of a
groundwater basin's overdraft. Although this is a concern, this
decision should be left to the local subscribing agency and not
determined by the County. To impose a County -mandated mitigation
in an unspecified amount without specifying who makes the deter-
mination of fair share is an extension beyond the County's
authority.
Mr. Boucher also noted the FEIR identifies desalination, Coastal
Streams Diversion, and the San Bernardo Dam as potential new
sources of water for Morro Bay. It makes statements concerning
the City's temporary emergency desalination plant that are not
wholly correct. He requested Council authorization to forward
these corrections to the County. Mr. Boucher offered two other
comments: 1) the benefit to the County if the State Water Project
pipeline is suspended on the new Twin Bridges; and, 2) lack of
discussion regarding placement of the Chorro Valley spur line in
the State Highway 1 median.
City Attorney Judy Skousen reviewed her letter to County Counsel
regarding the unacceptable language in the FEIR and proposed con-
tract with the San Luis Obispo County Flood Control and Water
Conservation District. She stated the County made some changes
as requested, but did not go far enough. Of particular concern
is Article 5, subsection (b) which requires the Contractor (City)
to first offset the City's proportionate share of groundwater
basin overdraft... before State Water is made available for other
purposes. The County offered substitute language; however, Ms.
Skousen recommends Council request the entire subsection be
deleted from the Contract. She contended the paragraph attempts
to make the County "big brother" to tell the City what to do with
its water situation. She also recommended the Conditions of
Approval be changed to remove this language. She requested Coun-
cil authorize the City Attorney and Mayor to make these represen-
tations to the Board of Supervisors at their public hearing the
following day.
• Steven Amerikaner, attorney in the firm of Hatch and Parent and
general counsel for the Central Coast Water Authority, reviewed
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 23, 1992
PAGE 12
• the status and history of the State Water Project negotiations
and agreements in Santa Barbara. He said the agreement between
the County of Santa Barbara and the local agencies entered into
in the mid-80's stipulated the County assign all rights concern-
ing the State Water Project to the local water agencies. It also
provided any agencies participating in the State Water Project to
hold elections approving participation in a bond issue to pay for
the project. Following the election the joint powers agency,
Central Coast Water Authority (CCWA), was created consisting of
all participating agencies in the County of Santa Barbara. The
environmental documents were completed, the Board of Supervisors
approved the project, and that was the last action needed by the
Santa Barbara County Board of Supervisors.
Since that time, he has met with San Luis Obispo County represen-
tatives advising them on the same process. The State of Califor-
nia has set the final date for requesting non -participation in
the State Water Project as June 3, 1992. Unless a decision is
made contrary, the County of San Luis Obispo will be obliged to
pay for 25,000 of of State Water each year.
Mr. Americana introduced Douglas Brown, attorney with the legal
firm of Brown and Wood, bond counsel for the Central Coast Water
Authority. Mr. Brown commented on the necessity to construct,
operate and maintain a water treatment facility since the State
does not treat the water. Economies of scale make it advanta-
geous to join the CCWA in financing the plant that will have to
built in San Luis Obispo County. San Luis Obispo County will pay
its share of fixed costs including capital, operation, and main-
tenance based on the total annual allotment of water whether or
not the water was actually treated during the year. Each partic-
ipating agency will pay its share of costs. Mr. Wood reviewed
other provisions of the financing agreement.
Mayor Sheetz asked if he had any idea as to costs for each
agency? Mr. Brown said the County Engineering Department is bet-
ter able to supply that information; it depends on the number of
participants in the project.
Councilmember Wuriu asked what the County of San Luis Obispo's
relationship is with the CCWA at this time? Mr. Brown stated
none at this time.
Mr. Napper stated a considerable amount of information has been
presented this evening and it is unfortunate Council must be
asked to set policy direction at this time; however, the Board of
Supervisors will be conducting a public hearing on the FEIR on
Wednesday of this week with the possibility of certifying the
FEIR and contractual agreements with language contrary to City
interests.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 23, 1992
PAGE 13
• Mayor Sheetz stated she concurs with the staff position regarding
deleting language requiring agencies to first replace the ground-
water overdraft.
Councilmember Baker questioned the Santa Barbara agencies' rights
to determine how they use their water and how Morro Bay can
obtain similar rights from the County of San Luis Obispo? Mr.
Americana stated the agreement in Santa Barbara County was
entered into in the early 1980's and the County took itself out
of the water picture by assigning their rights to the participat-
ing agencies. Such is not the case in San Luis Obispo County.
Mayor Sheetz opened the hearing to the public for comments.
Randy Ruff, Shasta Ave., does not believe the Council has the
full picture on the conditions in Santa Barbara County in terms
of the relationship between the County and the water purveyors
and the State Department of Water Resources. He said the liabil-
ity for default still rests with the County and the taxpayers.
He said the CCWA is composed of public and private water purvey-
ors and the voting rights are only allowed to the public members.
He said Santa Maria has 43% of the voting rights in the CCWA;
they did not hold an election to let the people decide on the
State Water Project. He noted Santa Maria has plans to annex to
extend service areas.
John Lemons, 419 Shasta Ave., urged Council to attend the County
Board of Supervisors meeting on March 25th and adopt the City
Attorney's suggested modifications. He said let's get on with
it; Council knows how the people of Morro Bay feel about the
State Water Project.
Randy Ruff stated the proposed contract is not clear on a number
of issues that may come up in the future; he said the CCWA agree-
ment needs investigation. Morro Bay is actually pumping stream
underflow but unfortunately the County FEIR lumps water basins
and stream underflow together.
Mayor Sheetz closed the hearing to the public.
Councilmember Mullen referred to Article 7, §d regarding Tem-
porarily Exceedina Limit on Peak Deliveries of Water. She asked
if Council agrees to this, does it leave the City without the
flexibility to increase our use during peak demand periods such
as August? Mr. Boucher stated yes; the County will take the
annual allotment and divide by 12 to give us our monthly allowed
use.
Councilmember Mullen asked if the City does not use the water
allocated to it, does it go into Chorro Creek? Mr. Boucher
• stated once the allocations are made, water not used is lost.
The City cannot broker the water without the approval of the
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 23, 1992
PAGE 14
• Board of Supervisors. Mr. Brown pointed out the State can be
flexible, but is not required to do so; local agencies can adjust
their deliveries annually through 5-year subscription plans.
Councilmember Mullen hoped some flexibility could be built into
the delivery schedule. Mr. Boucher noted Article 7C1 requires a
monthly subscription rate schedule; the City could manipulate
peak demands there.
MOTION: Councilmember Mullen moved for approval of the techni-
cal corrections to the FEIR as outlined by Mr. Boucher.
The motion was seconded by Councilmember Wuriu and
unanimously carried. (5-0)
Councilmember Mullen stated she has not seen the contract for the
water treatment facility. Ms. Skousen stated she has the one the
County may enter into with CCWA; the local agencies will enter
into a similar agreement with the County of San Luis Obispo.
MOTION: Councilmember Mullen moved the Mayor be directed to
represent the City's viewpoint on the FEIR and purveyor
contract before the Board of Supervisors in accordance
with the staff reports from Mr. Boucher and Ms.
Skousen. The motion was seconded by Councilmember
Wuriu and unanimously carried. (5-0)
Councilmember Mullen stated if Los Osos and Cayucos do not par-
ticipate in the State Water Project, the estimated cost from San
Luis Obispo to Morro Bay is $10 million. Is there any way to add
a contingency if Los Osos and Cayucos do not participate and San
Luis Obispo agrees, the City will enter an agreement for the
Whale Rock exchange? Mr. Boucher discussed some of the techni-
calities involved in building a treatment plant to treat water
from Whale Rock and loss of flexibility of San Luis Obispo City
to conserve water through use of two reservoirs.
Councilmember Luna stated if the City supports the concept of a
Whale Rock exchange provided Cayucos and Los Osos do not partici-
pate in the State Water Project, how does that affect Measure G?
Ms. Skousen stated the City will still be complying with Measure
G by taking State Water; we will just be trading for Whale Rock
water. One problem with Measure G, however, is it requires the
City to obtain 1313 of from the project. If the County or the
City will not give us that amount of water, it could be a viola-
tion of approved Measure.
Mr. Farrel stated if the Board of Supervisors retains the lan-
guage in the Agreement regarding the City's water management
plan, the City should emphasize to the Board we cannot solve the
basin problems by ourselves. The County should file for some of
the unallocated water to offset the County's portion of the
overdraft.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 23, 1992
PAGE 15
Dale Reddell commented there are 600 lot owners in Morro Bay who
would be willing to purchase excess water in order to build their
homes.
F.
MOTION: Councilmember Wuriu moved the meeting be adjourned to
March 24th, 10:00 a.m. in the City Hall Conference Room
to continue discussion of Closed Session items in
accordance with Government Code §54956.9(a), pending
litigation, in the matters of Cayucos Sanitary District
v. City of Morro Bay, et al, Cases No. 70420 and 71224;
j vucos Sanitary District v Coastal Commission, Case
No. 71030 all in Superior Court, San Luis Obispo; and
City of Morro Bay v Coastal Commission, Case No.
120512, Santa Cruz County. The motion was seconded by
Councilmember Luna and unanimously carried. (5-0)
The meeting adjourned at 9:01 p.m.
Recorded by:
ARDITH DAVIS
City Clerk
Cl
0
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 - MARCH 9, 1992
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 Hearings items under
Section D) may do so at this time. When recognized by the Mayor, please
come forward to the podium and state your name and address for the record.
Comments should normally be limited to three minutes.
DECLARATION OF FUTURE AGENDA ITEMS (CITY COUNCIL)
�. 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 CLOSED SESSION AND REGULAR MEETING OF
FEBRUARY 24, 1992
A-2 PROCLAMATION DECLARING MARCH 28TH AS "CITY OF MORRO BAY ARBOR DAY"
A-3 SET HEARING DATE (MARCH 23RD) FOR APPEAL OF PLANNING COMMISSION
CONDITIONS ON APPROVAL OF CONVERSION OF 3-UNIT APARTMENT COMPLEX TO A
3-UNIT CONDOMINIUM COMPLEX; CASE NO. CUP 55-91/CDP 38-91/PM 02-91 (440
SHASTA AVE.; GREENING, APPLICANT/APPELLANT)
A-4 RESOLUTION NO. 28-92 APPOINTING NORTH COAST ENGINEERS, INC., TO
PROVIDE INTERIM CITY ENGINEER SERVICES
A-5 PROCLAMATION DECLARING MARCH 15TH-22ND AS "CAMP FIRE BIRTHDAY WEEK"
A-6 STATUS REPORT ON CITY WATER SUPPLY
A-7 RESOLUTION NO. 31-92 COMMENDING G.H. NICHOLS, III, FOR HIS SERVICES AS
MORRO BAY PUBLIC WORKS DIRECTOR/CITY ENGINEER
•i-8 SET DATE (MARCH 30TH) AND AGENDA FOR JOINT MEETING WITH RECREATION AND
PARKS COMMISSION
W9 NOTICE OF COMPLETION ON PROJECT NO. RP 90-02, REHABILITATION OF KEISER
PARK SPORTS FIELD LIGHTS
A-10 RESOLUTION NO. 29-92 DECLARING NO PARKING AREA ON SEGMENT OF BAYSHORE
DRIVE
A-11 RESOLUTION NO. 30-92 NOTICING INTENT TO FINANCE TEMPORARY EMERGENCY
DESALINATION PLANT
A-12 REPORT ON ISSUANCE OF ADMINISTRATIVE COASTAL DEVELOPMENT PERMITS FOR
EMERGENCY REMOVAL OF THREE PRIVATE PROPERTY TREES PRESENTING DANGEROUS
CONDITION AND ONE DEAD CITY TREE (CDP 06-92, INN AT MORRO BAY; CDP 08-
92, CERRITO/SHASTA RIGHT-OF-WAY)
A-13 RESOLUTION NO. 32-92 GRANTING USE OF HARBOR AND CERTAIN WATERFRONT
AREAS BY CAL POLY CREW CLUB FOR REGATTA ON 21 MARCH 1992 (PAUP NO.
612)
B. UNFINISHED BUSINESS
B-1 ORDINANCE NO. 415 ANNOUNCING FINDINGS AND ACCEPTING COASTAL COMMISSION
CERTIFICATION WITH CONDITIONS AND ADOPTION OF AMENDMENTS TO THE
IMPLEMENTATION PLAN OF THE MORRO BAY LOCAL COASTAL PROGRAM TO CONFORM
TO MEASURE H (CASE NO. GPA/ZOA/LCP 01-91) SECOND READING/ADOPTION
-2 ORDINANCE NO. 416 AMENDING CITY UNREINFORCED MASONRY SEISMIC SAFETY
REHABILITATION PROGRAM TO EXTEND FILING AND COMPLIANCE DEADLINES FIRE
ADDITIONAL YEARS (SECOND READING/ADOPTION)
C. NEW BUSINESS
C-1 COUNCIL4EMBER REQUEST TO DISCUSS CREATION OF ECONOMIC DEVELOPMENT
COMMITTEE
D-1 ORDINANCE NO. 417 AMENDING LOCAL WATER CONSERVATION LEVEL 2 TO DELETE
OUTDOOR IRRIGATION AND NEW LANDSCAPING RESTRICTIONS (INTRODUCTION/
FIRST READING)
D-2 RESOLUTION NO. 27-92 ADOPTING WATER SHORTAGE CONTINGENCY PLAN FOR
PURPOSES OF ELIGIBILITY IN STATE DROUGHT ASSISTANCE PROGRAM
D-3 COUNCILMEMBER REQUEST TO FURTHER DISCUSS ISSUANCE OF WATER
EQUIVALENCIES THROUGH THE OFF -SITE RETROFIT PROGRAM FOR NEW
CONSTRUCTION IN 1992
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.
•
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 9, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Sheetz called the meeting to order at 6:00 p.m.
PRESENT: Rose Marie Sheetz
John Baker
Ben Luna
Susan Mullen
Tom Wuriu
ABSENT: None
STAFF: Gary Napper
Judy Skousen
Louise Burt
Ardith Davis
William Farrel
Forrest Henderson
Nick Nichols
Steve Wolter
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
City Attorney
Finance Director
City Clerk
Community Dev. Dir.
Asst. City Admin.
Public Works Dir.
Rec. & Parks Dir.
Reverend Joseph Patronik of St. Peters Episcopal Church gave the
invocation, and Horace Strong led the Pledge of Allegiance.
•S :_ S •:S• OD_:_
TOR/CITY-
Mayor Sheetz stated Nick Nichols, Public Works Director/City
Engineer for the City of Morro Bay for the last nine years, is
leaving City employment on March 13th. He has accepted a posi-
tion as Deputy County Engineer for the County of Monterey which
is a step up in his career. Mayor Sheetz called forward Mr.
Nichols, his wife Jane, and his three daughters, and read the
Resolution reciting highlights of Mr. Nichols' accomplishments
during his tenure with the City.
Mr. Nichols thanked everyone and stated he was proud to work for
the City of Morro Bay; he had the best boss he could ever have,
and worked with the highest caliber of people in his Department.
Councilmember Wuriu stated he worked with Mr. Nichols over the
years on the City Water Advisory Board and the County Water Advi-
sory Board and found him always helpful, knowledgeable, efficient
and a real pleasure to work with.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 9, 1992
PAGE 2
• yly
1. Dale Reddell requested Item A-6, Status Report on City
Water Supply, be read aloud.
2. Vivian Doubledee, 541 Estero Ave. and President of the
Morro Bay Chamber of Commerce, requested a status report on down-
town parking plans. She said the City is collecting parking in -
lieu fees and continually having studies, but nothing has been
done. She noted empty lots are available for sale, and wanted to
know the status of parking plans.
Mr. Farrel stated the City is working on a comprehensive parking
management plan, and there is a current ordinance which allows
waiver of parking requirements in the downtown area.
Mayor Sheetz suggested Ms. Doubledee make an appointment with Mr.
Farrel for additional information on parking plans.
3. Charles Palmer stated he wished to speak on Item A-6,
water status report, but would like to reserve his comments until
after the report has been read.
4. Jim Nance stated he was disappointed that three members
of Council, at their last meeting, did not uphold the vote of the
• people on Measure H concerning the Williams Brothers property.
There is nothing in Measure H about a compromise and Council gave
into special interests.
5. Jerry Mullen quoted from Planning and Zoning Law,
§65865.2, and stated the Agreement signed by the City Council
with Williams Brothers is a development agreement by this defini-
tion. Under Planning and Zoning Law, Council is required to hold
public hearings on this development agreement with proper notices
given.
6. Imogene Haidet thanked whoever is responsible in the
City for the new signal light at Main Street and Quintana Road.
It's the nicest thing that has happened since she has been here.
7. James Bronson, Cal Poly Crew Club, thanked Council for
placing the matter of their regatta for a Use Permit on the
agenda even though their request was late (Item A-13).
1. Councilmembers Luna and Wuriu requested an item be
agendized to consider the garbage "orange bag" program in effect
in San Luis Obispo. Mayor Sheetz stated she already requested
the Solid Waste Management Board review the matter and provide
Council with a recommendation.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 9, 1992
PAGE
3
•
A.
CONSENT CALENDAR
A-1
CITY COUNCIL MINUTES OF THE CLOSED SESSION AND REGULAR MEET-
ING OF FEBRUARY 24, 1992
Mr.
Napper recommended the minutes be approved as submitted.
A-2
PROCLAMATION DECLARING MARCH 28TH AS "CITY OF MORRO BAY
ARBOR DAY"
Mr.
Napper recommended Council authorize the Mayor to sign the
Proclamation.
A-3
SET HEARING DATE (MARCH 23RD) FOR APPEAL OF PLANNING COMMIS-
SION CONDITIONS ON APPROVAL OF CONVERSION OF 3-UNIT APART-
MENT COMPLEX TO A 3-UNIT CONDOMINIUM COMPLEX• CASE NO CUP
55-91/CDP 38-91/PM 02-91 (440 SHASTA AVE.: GREENING, APPLI-
CANT/APPELLANT)
Mr.
Napper recommended Council set March 23, 1992 as the date for
the
appeal hearing, and authorize staff to prepare the appropri-
ate
notices and reports.
A-4
RESOLUTION NO 28-92 APPOINTING NORTH COAST ENGINEERS, INC
TO PROVIDE INTERIM CITY ENGINEER SERVICES
•
Mr.
Napper recommended Council adopt Resolution No. 28-92.
A-5 PROCLAMATION DECLARING MARCH 15TH-22ND AS "CAMP FIRE
BIRTHDAY WEEK"
Mr. Napper recommended Council authorize the Mayor to sign the
Proclamation.
A-6 STATUS REPORT ON CITY WATER SUPPLY
Mr. Napper recommended Council receive the report for file.
A-7 RESOLUTION NO. 31-92 COMMENDING G.H. NICHOLS, III. FOR HIS
SERVICES AS MORRO BAY PUBLIC WORKS DIRECTOR/CITY ENGINEER
Mr. Napper recommended Council adopt Resolution No. 31-92.
A-8 SET DATE (MARCH 30TH) AND AGENDA FOR JOINT MEETING WITH
RECREATION AND PARKS COMMISSION
Mr. Napper recommended Council set March 30th at 7:00 p.m. in the
Community Center Studio for the joint meeting with the Recreation
and Parks Commission.
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 9, 1992
PAGE 4
• A-9 NOTICE OF COMPLETION ON PROJECT NO RP 90-02 REHABILITATION
OF KEISER PARK SPORTS FIELD LIGHTS
Mr. Napper recommended Council accept the project as complete,
authorize the City Clerk to record a Notice of Completion, and
allocate $2,251 from the Park Fee Fund to the project account.
BAYSHORE DRIVE
FAr. Napper recommended Council adopt Resolution No. 29-92.
Mr. Napper recommended Council adopt Resolution No. 30-92.
_i_V04046Me) 114154V0 R41 _\ :IY• •_ 40 : Imo_ :•'
No action required; information report only.
40 WATERFRONT AREAS BY CAL POLY C
MARCH 1992 fPAUP NO, 612)
Mr. Napper recommended Council adopt Resolution No. 32-92.
Mayor Sheetz requested Item A-6 be pulled; Councilmember Mullen
requested Item A-1 be pulled; Councilmember Luna requested Items
A-4 and A-8 be pulled.
A-1 CITY COUNCIL MINUTES OF THE CLOSED SESSION AND REGULAR MEET-
ING OF FEBRUARY 24. 1992
Councilmember Mullen requested the minutes be corrected on page
11, fourth paragraph; the word "June" in the fourth sentence
should read "October".
Councilmember Luna asked if there are cost projections on the
services from the engineer? Mr. Napper stated no, it is not
known what services will be necessary at this time. It will
probably be for a 3-4 month timeperiod. Councilmember Luna asked
how the services of the contract engineer will be paid until a
new Public Works Director is hired? Mr. Napper stated from Mr.
•
Nichols' budgeted salary; this salary savings will also support
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 9, 1992
PAGE 5
• interim increase in salary for Bill Boucher to serve as the Act-
ing Public Works Director.
Mr. Nichols reviewed his written staff report.
Councilmember Luna requested "Evaluation of the Recreation and
Parks Commission" be added to the agenda.
MOTION: Councilmember Luna moved for approval of the Consent
Calendar as amended regarding the minutes and the joint
meeting Agenda with the Recreation and Parks Commis-
sion. The motion was seconded by Councilmember Wuriu
and unanimously carried. (5-0)
B-1 ORDINANCE NO. 415 ANNOUNCING FINDINGS AND ACCEPTING COASTAL
COMMISSION CERTIFICATION WITH CONDITIONS AND ADOPTION OF
AMENDMENTS TO THE IMPLEMENTATION PLAN OF THE MORRO BAY LOCAL
COASTAL PROGRAM TO CONFORM TO MEASURE H (CASE NO.
• GPA/ZOA/LCP 01-91) SECOND READING/ADOPTION
Mr. Napper stated this is the second and final reading of the
Ordinance amending the City's Local Coastal Program to implement
Measure H consistent with action taken by the Coastal Commission.
MOTION: Councilmember Baker moved Ordinance No. 415 be read by
title and number only. The motion was seconded by
Councilmember Wuriu and unanimously carried. (5-0)
Mr. Napper read Ordinance No. 415 by title and number only.
MOTION: Councilmember Baker moved for the adoption of the sec-
ond and final reading of Ordinance No. 415. The motion
was seconded by Councilmember Wuriu.
Councilmember Mullen stated she objected to the ordinance being
called Measure H; it is not Measure H. The Planning Commission
voted 5-0 to enforce Measure H and not allow Visitor Serving com-
mercial; this ordinance allows nine acres of Visitor Serving Com-
mercial. Council could have chosen to put the question of an
additional nine acres on the November ballot. She stated Council
is in receipt of a letter from Marshall Ochylski describing a 13
acre shopping center which will soon come before the Planning
Commission. To say Morro Bay would not get a shopping center
without the settlement agreement is not correct. The City has
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 9, 1992
PAGE 6
• abandoned Measure H and the vote of the people by this; she will
continue to oppose abandonment of democracy.
Councilmember Luna asked what happens if the court moves in favor
the Voters Initiative Committee in the hearing on Friday? Ms.
Skousen stated it depends on how broad the court's ruling is.
The City has asked the court to resolve what Measure H means and
if Ordinance No. 415 falls within that meaning. If the court
rules Ordinance No. 415 does not comply with Measure H, it would
require the City and Coastal Commission to go back to the drawing
board. She noted the hearing on this matter has been changed to
March 20th at 3:30 in Department III.
Councilmember Baker commented democracy has not been working for
Williams Brothers; he believes the rezoning was unconstitutional.
Mayor Sheetz stated this project has been under discussion for
approximately 10 years; it is now time to act.
The motion to adopt Ordinance No. 415 carried on the
following vote:
AYES: Baker, Wuriu, Sheetz
NOES: Luna, Mullen
ORDIN41TCE . • _w V • V�_Il'_Li1+l.:�?1��1i[•):I3• �I�SiIY•]H:��9�1i� l�
SAFETY REHABILITATION PROGRAM TO EXTEND FILING AND COMPLI�
AMCE DEADLINES FIVE ADDITIONAL YEARS (SECOND READING/
Mr. Napper stated this is the second and final reading of an
ordinance which extends the compliance deadlines in the City's
Seismic Safety Program by five years.
MOTION: Councilmember Mullen moved Ordinance No. 416 be read by
title and number only. The motion was seconded by
Councilmember Luna and unanimously carried. (5-0)
Mr. Napper read Ordinance No. 416 by title and number only.
MOTION: Councilmember Mullen moved for the adoption of the sec-
ond and final reading of Ordinance No. 416. The motion
was seconded by Councilmember Baker and unanimously
carried. (5-0)
C. NEW BUSINESS
C-1 COUNCILMEMBER REQUEST TO DISCUSS CREATION OF ECONOMIC DEVEL-
OPMENT COMMITTEE
• Councilmember Mullen stated last Fall, Councilmembers Luna and
Wuriu were assigned the task of working with the business commu-
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 9, 1992
PAGE 7
• nity in an effort to enhance the economic climate in Morro Bay.
Their main focus thus far has been to secure a trolley in the
downtown area. Councilmember Mullen stated an area that needs
attention is working on a consolidated package of information to
recruit new businesses to Morro Bay.
Councilmember Luna gave a report on the status of establishing a
trolley in Morro Bay. Their Sub -Committee has also been dis-
cussing ways to recruit more environmentally sensitive businesses
to Morro Bay. Councilmember Wuriu added they are also reviewing
City regulations regarding start-up businesses, remodeling, mov-
ing from one location to another in an effort to streamline the
process to prevent people from getting discouraged with the red
tape. He also noted their progress through Council's elimination
of the $100 value when needing a building permit.
Mayor Sheetz suggested this City Council Sub -Committee work with
the Chamber of Commerce Economic Development Committee towards
developing a package of information for people considering Morro
Bay as a business home.
Councilmember Mullen said since Councilmembers Luna and Wuriu are
pursuing the trolley program as a priority, perhaps Councilmember
Baker and she could contact the Chamber's Economic Development
Committee to see how the City could help? She wants Council's
• agreement that creating a packet to recruit or orient people
interested in Morro Bay as a business investment is a higher
priority.
MOTION: Councilmember Mullen moved Councilmembers Baker and
Mullen serve on the Chamber of Commerce Economic Devel-
opment Committee, and they be directed to contact Sil
Cadenesso, Chamber of Commerce Chairman of the Commit-
tee, to work out the details. The motion was seconded
by Councilmember Wuriu and unanimously carried. (5-0)
D. PUBLIC HEARINGS. REPORTS & APPEARANCES
Mr. Nichols stated at their last meeting, Council lifted the
emergency status of water conservation requirements and entered
Level 2, Moderately Restricted Water Supply Conditions. At that
time, they directed the two -day -per -week restriction be deleted
from Level 2. Proposed Ordinance No. 417 accomplishes that
direction.
Mayor Sheetz asked if this Ordinance will allow people to water
any time they wish? Mr. Nichols stated any day they wish; how-
ever, irrigation may occur only before 10 a.m. and after 4 p.m.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 9, 1992
PAGE 8
• Councilmember Wuriu asked if cleaning driveways with water is
allowed in Level 2? Mr. Nichols stated no. Councilmember Wuriu
commented it would be helpful if the newspapers carried the
information restrictions on water conservation have been allevi-
ated. Mr. Nichols stated City notices will be mailed to all
water customers.
Mayor Sheetz opened the hearing to the public for comments; there
were no comments and the hearing was closed to the public.
Councilmember Mullen stated she asked for quantifiable criteria
on moving between the water levels at the last meeting; is staff
working on that? Mr. Nichols stated the water Advisory Board
will be discussing it at their meeting on March 11th.
MOTION: Councilmember Mullen moved Ordinance No. 417 be read by
title and number only. The motion was seconded by
Councilmember Baker and unanimously carried. (5-0)
Mr. Mapper read Ordinance No. 417 by title and number only.
MOTION: Councilmember Mullen moved for approval of introduction
and first reading of Ordinance No. 417. The motion was
seconded by Councilmember Baker and unanimously
• carried. (5-0)
D-2 RESOLUTION NO, 27-92 ADOPTING WATER SHORTAGE CONTINGENCY
PLAN FOR PURPOSES OF ELIGIBILITY IN STATE DROUGHT ASSISTANCE
PROGRAM
Mr. Nichols stated last year during the drought, the State Legis-
lature enacted a requirement municipal water suppliers develop
and file a Water Shortage Contingency Plan with the California
Department of Water Resources by January 1992. Mr. Nichols
stated Morro Bay is so far ahead of everyone else in the drought
crisis, we only had to compile information and rules already
developed to comply with the requirement. Those agencies submit-
ting comprehensive plans will be eligible for State drought
assistance, if any is available. The Water Advisory Board has
reviewed the prepared Plan and recommends Council approval.
Councilmember Luna asked if the moratorium placed on the City by
the Coastal Commission has been leveled on any other city; and,
if so, have any cities violated the policy and what kind of
penalties have issued by the Coastal Commission? Ms. Skousen
stated she does not believe the Coastal Commission has placed a
moratorium on any city in the same way it placed one on Morro
Bay. It is questionable the Coastal Commission had the right to
place the moratorium on Morro Bay since the City has taken the
position we are master of our own fate and will determine growth
• and development. The Coastal Commission maintains the City must
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 9, 1992
PAGE 9
• still honor the Coastal permit conditions; with adoption of our
LCP, there is some question whether that permit is still
effective.
Mayor Sheetz opened the hearing to the public for comments.
Charles Palmer, 485 Estero, spoke on establishing a water reserve
before issuing building permits. He gave statistics 'on the
amount of water used by the City and projections as to the amount
to be delivered in the future from various sources. He said
Council should encourage conservation and develop local water
resources.
Mayor Sheetz returned the matter to Council.
MOTION: Councilmember Wuriu moved for the adoption of Resolu-
tion No. 57-92. The motion was seconded by Councilmem-
ber Mullen and unanimously carried. (5-0)
D-3 COUNCILMEMBER REQUEST TO FURTHER DISCUSS ISSUANCE OF WATER
EQUIVALENCIES THROUGH THE OFF -SITE RETROFIT PROGRAM FOR NEW
CONSTRUCTION IN 1992
Councilmember Wuriu stated at the last meeting, Councilmember
Baker suggested issuing a limited number of water equivalencies.
• Council took no action pending receipt of more information on the
ground water levels and condition of basins. He said today the
water outlook is even better. Unless the study of the basins
turns up evidence of an alarming degree, Council should very soon
be in a position to issue some water for new building. He real-
izes land owners are anxious to start building as are those who
build houses for a living. However, Council has a responsibility
to the people to make sure water supplies are adequate. Coun-
cilmember Wuriu suggested the City begin taking applications now
to reduce the processing time after Council makes the final deci-
sion to release the water equivalencies.
Mr. Farrel cautioned against accepting applications without an
actual water allocation, noting the high costs in preparation and
the possibility, however remote, that Council may not actually
issue the equivalencies.
Mayor Sheetz commented the City could notify the first 100 on the
waiting list the Council anticipates releasing water equivalen-
cies, and they can begin to arrange their financing and other
details beforehand. Ms. Skousen stated a letter should be no
problem as long as it is emphasized Council is contemplating
releasing equivalencies; Mr. Napper suggested the letter contain
a statement they can "proceed at their own risk".
Mayor Sheetz asked if it is possible for someone not ready to
. build when their name comes up on the waiting list to be dropped
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 9, 1992
PAGE 10
• back a quarter rather than having to go to the end of the list?
Ms. Skousen stated when the lottery was established, people were
advised the requirements were if a developer was not able to
build when his name came up on the list, he would be dropped from
the list and have to make a new application and get at the end of
the line. As a result, people have been dropped from the list;
to allow people now to drop back only a quarter would give them
an unfair advantage. She noted the number of places on the wait-
ing list held by Keyoto-Natalie who will not be able to build for
some time. Their attorney has taken the position their place in
line may go to the new subdivided lots being established under
the plan recently approved by Council; Ms. Skousen said this is
not allowed under current regulations. She said if the Keyoto-
Natalie representative would voluntarily give up their places on
the waiting list, it would resolve the question.
Mayor Sheetz opened the hearing to the public for comments.
Dan Reddell, 2541 Nutmeg and representing the Coalition of Lot
Owners, stated he represents over 500 lot owners in Morro Bay.
They believe vacant lot owners have as much right to water as the
people living here. They want a new program established or the
old one resumed. Mr. Reddell stated it is their opinion they
want to see 15 houses being built; they do not want to see 15
people getting building permits and then sitting on them. This
• town needs building to restore the economy.
Charles Palmer stated he advocates the City build a water reserve
and sell water equivalencies out of it. The City needs water
allocations for every lot in town for a certain quantity of
water. New or additional water would have to be purchased out of
this water reserve; penalties could be assessed for going over
one's allocation.
Dale Reddell, 680 Sequoia Court, wanted to know if Council actu-
ally believes in the retrofit program. If they do, he cannot
understand why they do not allow building, since retrofitting
saves water. Councilmember Wuriu stated he does believe in the
retrofit program; however, when the water situation gets critical
there is a tendency to cut back regardless of whether or not the
program works. Mr. Reddell stated he supports the concept of a
letter being sent to those on the waiting list advising them the
City intends to issue permits; let us prepare for April issuance.
Barbara Sanders, Morro Bay property owner, encouraged Council to
start some building in town. She said there is currently the
largest vacancy in rental property in ten years; 90% of it is
attributable to loss of construction industry people.
Mayor Sheetz closed the hearing to the public.
r7
\J
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 9, 1992
PAGE 11
• Councilmember Mullen stated Measure I demonstrated the people's
confidence as to the validity of the retrofit and pipeline
replacement programs and their true water savings. She said it
seems clear that Council will be issuing some building permits
sometime this year. If so, she would like staff to investigate
ways to expand the retrofitting program, specifically in the com-
mercial area such as recycling dishwashers in restaurants and
washing machines in laundries. She noted the State has mandated
xeriscape ordinances and the City has until January 1993 to pass
their own ordinance or accept the States. She said California
Title 22 restrictions on household recycling also needs to be
relaxed.
Mr. Farrel noted sometimes the technology for water saving
devices is difficult to authenticate as to actual water savings;
it is necessary to document the device will perform as adver-
tised. He also stated the City has documented the retrofit pro-
gram works.
Mr. Napper reminded Council if City conservation programs are
mandated, the corresponding water savings would not be available
for new construction purposes or uses per Measure I; however,
such could lower the amount of water required for proposed uses
via the Water Equivalency Table.
• Mayor Sheetz stated one of the big problems is Measure I; she
does not believe the people knew what the ramifications of the
Measure would be. She asked what can be done about it? Ms.
Skousen stated Council can only change a people's initiative by
putting it back on the ballot for a vote by the people. Mayor
Sheetz stated she has always supported the retrofit program; it
has been proven it works.
MOTION: Councilmember Baker moved Keyoto-Natalie be contacted
to request they voluntarily remove themselves from the
residential building waiting list; and if not, the City
take legal action to do so.
Councilmember Mullen commented she could second the
motion if it was amended to just request Keyoto-Natalie
voluntarily remove their names; she cannot support at
this time the latter legal action. Councilmember Baker
accepted the amendment, the amended motion was seconded
by Councilmember Mullen and unanimously carried. (5-0)
MOTION: Councilmember Baker moved if Keyoto-Natalie agrees to
remove themselves from that waiting list, action be
taken to issue the first full quarter's worth of build-
ing allocations.
40 The motion died for lack of a second.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 9, 1992
PAGE 12
is
MOTION: Mayor Sheetz moved a letter be sent to the first 100
people on the long-term waiting list advising of the
Council's intent to possibly issue building permits
later in the year, and suggest people prepare for this
at their own risk. The motion was seconded by Coun-
cilmember Wuriu and unanimously carried. (5-0)
Mayor Sheetz requested staff look at the long-term residential
building waiting list to determine if there is any way for people
to fall back to another quarter if they are not ready to build
when their name comes up on the list.
Councilmember Luna requested the statistical data that has been
developed to prove retrofit actually works. Mr. Farrel stated he
will copy it for him.
Councilmember Baker suggested staff research the possibility of
the City retrofitting the residences which have not been
retrofitted and setting up a system to sell equivalencies to lot
owners. Councilmember Wuriu and City Attorney Judy Skousen com-
mented that such a program is not allowed according to Measure I.
Councilmember Baker requested the subject of placing Measure I on
the ballot be scheduled for a future agenda.
• MOTION: Councilmember Mullen moved that Council give notice of
intent to schedule on the Agenda for the second meeting
in April the allocation of building permits, and a
report on expansion of potential commercial retrofit
options and/or mandating water saving devices in new
construction in addition to current requirements. The
motion was seconded by Councilmember Luna and unani-
mously carried. (5-0)
F. ADJOURNMENT
MOTION: Councilmember Luna moved the meeting be adjourned. The
motion was seconded by Councilmember Wuriu and unani-
mously carried. (5-0)
The meeting adjourned at 7:56 p.m.
Recorded by:
ARDITH DAVIS
City Clerk
•
C�
•
•
• NOT = C E O F S PE C = AL MEET = NG
NOTICE IS HEREBY GIVEN, pursuant to Morro Bay
Municipal Code Section 2.08.110, that a Special Meeting
of the Morro Bay City Council is hereby called to be
held on Friday, 06 March 1992 at 11:00 a.m. in the City
Hall Conference Room, 595 Harbor Street, Morro Bay, CA.
At said Special Meeting, Council shall adjourn to
Closed Session in accordance with Government Code
§54956.9(s) for the purpose of discussing pending
litigation in the matter of Caypcos Sanitary District
v. City of Morro Bay. et al, Cases No. 70420 and 71224,
Superior Court, San Luis Obispo.
• DATED: March 4, 1992
ROSE MARIE SHEETZ, Mayor
City of Morro Bay, Calif
11
•
•
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION - MARCH 6, 1992
CITY HALL CONFERENCE ROOM - 11:00 A.M.
Mayor Sheetz called the meeting to order at 11 a.m.
PRESENT: Rose Marie Sheetz Mayor
John Baker Councilmember
Ben Luna Councilmember
Susan Mullen Councilmember
Tom Wuriu Councilmember
ABSENT: None
STAFF: Gary Napper
E. CLOSED SESSION
City Administrator
MOTION: Councilmember Luna moved the meeting be adjourned to
Closed Session. The motion was seconded by Councilmem-
ber Wuriu and unanimously carried. (5-0)
Mayor Sheetz read the Closed Session statement.
The meeting adjourned to Closed Session at 11:00 a.m. and
returned to regular session at 11:46 a.m.
F. ADJOURNMENT
MOTION: Councilmember Luna moved the meeting be adjourned. The
motion was seconded by Councilmember Wuriu and unani-
mously carried. (5-0)
The meeting adjourned at 11:46 a.m
City Of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life
which we all enjoy. We are committed to this purpose and will provide a level of municipal
service consistent and responsive to our public and its needs.
CLOSED SESSION - FEBRUARY 24, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
595 HARBOR ST., MORRO BAY, CA
E-1 GOVERNMENT CODE SECTION 54956.9(A), SONIC .CABLE LEASING CORP. V. CITY
OF MORRO BAY, CASE NO. 91 6171 AWJ.(JRX), U.S. DISTRICT COURT, CENTRAL
DISTRICT OF CALIFORNIA
E-2 GOVERNMENT CODE SECTION 54956.9(A), CAYUCOS SANITARY DISTRICT V. CITY
OF MORRO BAY, ET AL, CASES NO. 70420 AND NO. 71224, SUPERIOR COURT,
SAN LUIS OBISPO
E-3 GOVERNMENT CODE SECTION 54956.9(A), SHARP, ET AL V. CITY OF MORRO BAY,
CONSOLIDATED CASE NO. 66190, SUPERIOR COURT, SAN LUIS OBISPO
E-4 GOVERNMENT CODE SECTION 54956.9(A), ELSTER V. LUNA AND CITY OF MORRO
BAY, CASE NO. 70853, SUPERIOR COURT, SAN LUIS OBISPO
• REGULAR MEETING - FEBRUARY 24, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
1. PROCLAMATION TO MORRO BAY ART ASSOCIATION DECLARING
MARCH 1992 AS "YOUTH ART MONTH"
2. RESOLUTION NO. 23-92 COMMENDING THE SAN LUIS OBISPO
COUNTY CHAPTER OF THE AMERICAN RED CROSS FOR ITS 75
YEARS OF LOCAL SERVICE
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearings items under
Section D) may do so at this time. When recognized by the Mayor, please
come forward to the podium and state your name and address for the record.
Comments should normally be limited to three minutes.
DECLARATION OF FUTURE AGENDA ITEMS (CITY COUNCIL)
1
CONSENT CALENDAR
unless
less 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 FEBRUARY 10, 1992
A-2 WATER SUPPLY STATUS REPORT
A-3 STATEMENT OF INVESTMENTS - JANUARY 1992
A-4 EXPENDITURE REPORT - JANUARY 1992
A-5 RESOLUTION NO. 17-92 ESTABLISHING NO PARKING ZONE ON QUINTANA ROAD AT
MAIN STREET DUE TO NEW TRAFFIC SIGNAL
A-6 PROCLAMATION DECLARING MARCH 1992 AS "YOUTH ART MONTH"
A-7 RESOLUTION NO. 23-92 COMMENDING SAN LUIS OBISPO COUNTY CHAPTER OF THE
AMERICAN RED CROSS FOR ITS 75 YEARS OF LOCAL SERVICE
B. UNFINISHED BUSINESS
B-1 ORDINANCE NO. 413 ACCEPTING COASTAL COMMISSION CERTIFICATION AND MINOR
AMENDMENTS ON LAND USE DESIGNATIONS INVOLVING POINT MOTEL PROJECT
(LUP/GPA/ZOA 09-20) SECOND READING/ADOPTION
0-2 ORDINANCE NO. 414 ADOPTING UNIFORM BUILDING CODE VALUATION PROVISIONS
AS TO WHEN BUILDING PERMITS ARE REQUIRED (SECOND READING/ADOPTION
C. NEW BUSINESS
C-1 RESOLUTION NO. 19-92 APPROVING AMENDMENT OF LEASE AGREEMENT FOR LEASE
SITE 53-56W ADDING CHARTER BOAT AND PASSENGER VESSEL BUSINESS AS
ALLOWABLE USES SUBJECT TO PERCENTAGE OF GROSS RECEIPTS RENT PAYMENT
(DBA SYLVESTER'S LANDING, 501 EMBARCADERO)
C-2 SELECTION OF ELECTED OFFICIAL TO ATTEND REGIONAL INTERAGENCY SUMMIT
MEETING ON YOUTH SERVICES
C-3 APPROVAL OF SCOPE OF WORK IN REQUEST FOR PROPOSALS FOR CURBSIDE
RECYCLING SERVICES
C-4 FINDING FOR AGREEMENT TO DEFER COMPLETION OF OFF -SITE IMPROVEMENTS
PURSUANT TO DRAFT SUBDIVISION IMPROVEMENT AGREEMENT (FINAL MAP TRACT
1231, IRONWOOD AVE.; LOPERENA)
D-1 CONSIDERATION OF COASTAL COMMISSION MODIFICATIONS TO THE GENERAL PLAN,
ZONING ORDINANCE, AND LOCAL COASTAL PROGRAM LAND USE PLAN AMENDMENT
UNDER MEASURE H (RESOLUTION NO. 20-92; ORDINANCE NO. 415, INTRODUC-
TION/FIRST READING) CASE NO. GPA/ZOA/LCP 01-91; WILLIAMS BROTHERS
MARKETS
2
*_2 HEARING ON CONCEPT PLAN TO PERMIT SINGLE -STORY MODULAR OFFICE UNITS AT
MORRO BAY P.G.&E. POWER PLANT (RESOLUTION NO. 24-92)
D-3 PUBLIC HEARING TO PERMIT CONNECTION OF TEMPORARY EMERGENCY
DESALINATION PLANT DISCHARGE LINE TO P.G.&E. OCEAN OUTFALL FACILITY
(CUP 01-92/CDP 03-92) PULLED: NO HEARING REQUIRED
D-4 REVIEW OF SPECIAL USE PERMIT NO. 24-91 FOR MOBILE ICE CREAM TRUCK
VENDING BUSINESS (RESOLUTION NO. 22-92) FROZEN PLEASURES, APPLICANT
D-5 DETERMINATION OF ACTION TO REDUCE WATER CONSERVATION PROGRAM FROM
EMERGENCY LEVEL 5 DUE TO IMPROVED GROUNDWATER QUALITY CONDITIONS
(RESOLUTION NO. 18-92), AND COUNCILMEMBERS REQUESTS TO DISCUSS WATER
RATIONING PENALTIES AND ISSUANCE OF WATER EQUIVALENCIES TO ALLOW NEW
CONSTRUCTION
D-6 ORDINANCE NO. 416 AMENDING CITY UNREINFORCED MASONRY SEISMIC SAFETY
REHABILITATION PROGRAM TO EXTEND FILING AND COMPLIANCE DEADLINES FIVE
ADDITIONAL YEARS (INTRODUCTION/FIRST READING)
D-7 DESIGNATION OF THE SAN LUIS OBISPO AREA COORDINATING COUNCIL AS THE
METROPOLITAN PLANNING ORGANIZATION (RESOLUTION NO. 25-92) AND CONGES-
TION MANAGEMENT AGENCY (RESOLUTION NO. 26-92) FOR SAN LUIS OBISPO
COUNTY
�. 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
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION - FEBRUARY 24, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
Mayor Sheetz called the meeting to order at 5:15 p.m.
PRESENT: Rose Marie Sheetz Mayor
John Baker Councilmember
Ben Luna Councilmember
Susan Mullen Councilmember
Tom Wuriu Councilmember
ABSENT: None
STAFF: Gary Napper City Administrator
Judy Skousen City Attorney
E. CLOSED SESSION
E-1 GOVERNMENT CODE SECTION 54956.9(A), SONIC CABLE LEASING
CORP. V. CITY OF MORRO BAY, CASE NO. 91 6171 AWJ (JRX), U.S.
DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
E-2 GOVERNMENT CODE SECTION 54956.9(A), CAYUCOS SANITARY
• DISTRICT V CITY OF MORRO BAY ET AL, CASES NO. 70420 AND
NO. 71224, SUPERIOR COURT, SAN LUIS OBISPO
E-3 GOVERNMENT CODE SECTION 54956.9(A), SHARP, ET AL V. CITY OF
MORRO BAY, CONSOLIDATED CASE NO. 66190, SUPERIOR COURT, SAN
LUIS OBISPO
E-4 GOVERNMENT CODE SECTION 54956.9(A), ELSTER V. LUNA AND CITY
OF MORRO BAY, CASE NO. 70853, SUPERIOR COURT, SAN LUIS
OBISPO
MOTION: Councilmember Luna moved the meeting be adjourned to
Closed Session. The motion was seconded by Councilmem-
ber Baker and unanimously carried. (5-0)
Mayor Sheetz read the Closed Session statement.
The meeting adjourned to Closed Session at 5:15 p.m. and returned
to regular session at 5:51 p.m.
F.
MOTION: Councilmember Wuriu moved the meeting be adjourned to
the regular Council meeting at 6:00 p.m. in the Veter-
ans Memorial Hall. The motion was seconded by Coun-
cilmember Mullen and unanimously carried. (5-0)
The meeting adjourned at 5:51 p.m.
C
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 24, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Sheetz called the meeting to order at 6:00 p.m.
PRESENT:
Rose Marie Sheetz
Mayor
John Baker
Councilmember
Ben Luna
Councilmember
Susan Mullen
Councilmember
Tom Wuriu
Councilmember
ABSENT:
None
STAFF:
Gary Napper
City Administrator
Judy Skousen
City Attorney
Rick Algert
Harbor Director
Ardith Davis
City Clerk
William Farrel
Community Dev. Dir.
Forrest Henderson
Asst. City Admin.
Dave Howell
Police Chief
•
Nick Nichols
Public Works Dir.
Father Colm O'Connor, St. Joseph's
Catholic Church, Cayucos, gave
the invocation,
and Horace Strong
led the Pledge of Allegiance.
PRESENTATIONS:
1. PROCLAMATION
TO MORRO BAY WOMEN'S CLUB
DECLARING MARCH 1992 AS "YOUTH ART MONTH"
Mayor Sheetz read a Proclamation declaring "Youth Art Month" and
presented it to Nina Litvinoff of the Morro Bay Women's Club.
Ms. Litvinoff stated the Women's Club is holding an art contest
in several schools offering money, ribbons and recognition to
young artists. The students' work will be displayed in the Com-
munity Center.
RESOLUTION NO. 23-92 COMMENDING THE SAN LUIS
OBISPO COUNTY CHAPTER OF THE AMERICAN RED
CROSS FOR ITS 75 YEARS OF LOCAL SERVICE
Mayor Sheetz read a Resolution commending the Red Cross on 75
years of service with congratulations on their new office site.
Brian Duval accepted the Resolution and thanked the City Council
on behalf of the local Red Cross staff and 700 volunteers.
C COMME
• 1. Mary Phillips, 2645 Ironwood, commented on Item C-3
concerning the recycling Request for Proposals. She stated the
item should be scheduled as a public hearing; there is never
•
C, J
u
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 24, 1992
PAGE 3
enough public input. The City's recycling program has made it
impossible for the seniors to continue with their aluminum can
recycling. She said it is not right to charge people for some-
thing the State says a person can make money from. She also
stated they pay for scrap metal in Atascadero, and requested
Council establish the $1 per bag program like the City of San
Luis Obispo.
2. Ann Freeman, 785 Cabrillo, thanked whoever is responsi-
ble in the City for the new directional signs regarding Morro
Bay's points of interest. She stated they are very attractive
and helpful, and make her feel proud of Morro Bay.
3. Suedene Nelson, Chamber of Commerce Manager, encouraged
Council to approve the additional use requested for Lease Site
53-56W (Item C-1). She stated Central Coast Cruises will help
promote Morro Bay.
None
A. CONSENT CALENDAR
A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF FEBRUARY 10,
1992
Mr. Napper recommended Council approve the minutes as submitted.
A-2 WATER SUPPLY STATUS REPORT
Mr. Napper recommended Council accept the Report for file.
A-3 STATEMENT OF INVESTMENTS - JANUARY 1992
Mr. Napper recommended Council accept the Report for file.
A-4 EXPENDITURE REPORT - JANUARY 1992
Mr. Napper recommended Council approve the Report.
A-5 RESOLUTION NO. 17-92 ESTABLISHING NO PARKING ZONE ON
QUINTANA ROAD AT MAIN STREET DUE TO NEW TRAFFIC SIGNAL
Mr. Napper recommended Council adopt Resolution No. 17-92.
A-6 PROCLAMATION DECLARING MARCH 191-2—AS "YOUTH ART MONTH"
Mr. Napper recommended Council authorize the Mayor to sign the
Proclamation.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 24, 1992
PAGE 4
• A-7 RESOLUTION NO 23-92 COMMENDING SAN LUIS OBISPO COUNTY
CHAPTER OF THE AMERICAN RED CROSS FOR ITS 75 YEARS OF LOCAL
SERVICE
Mr. Napper recommended Council adopt Resolution No. 23-92.
MOTION: Councilmember Luna moved for approval of the Consent
Calendar as recommended by the City Administrator. The
motion was seconded by Councilmember Wuriu and unani-
mously carried. (5-0)
ORDINANCE NO. 413 Ar=CEPZZWr-O&SMAXr-WIISSIQM--CER.TIFICATIO.V
ADOPTXON
Mr. Napper stated the Ordinance conforms our local plans to the
minor differences adopted by the Coastal Commission. Upon adop-
tion, the Ordinance will be effective on March 25th and accep-
tance by the Coastal Commission.
MOTION: Councilmember Baker moved Ordinance No. 413 be read by
title and number only. The motion was seconded by
• Councilmember Wuriu and unanimously carried. (5-0)
Mr. Napper read Ordinance No. 413 by title and number only.
MOTION: Councilmember Wuriu moved for the adoption of the sec-
ond and final reading of Ordinance No. 413. The motion
was seconded by Councilmember Baker and carried with
Councilmember Luna voting no. (4-1)
B-2 ORDINANCE NO, 414 ADOPTING UNIFORM BUILDING CODE VALUATION
PROVISIONS AS TO WHEN BUILDING PERMITS ARE REQUIRED (SECOND
READING (ADOPTION
Mr. Napper stated this is the second reading and adoption of an
Ordinance amending local rules determining when building permits
are required. It will go into effect on March 25th.
MOTION: Councilmember Baker moved Ordinance No. 414 be read by
title and number only. The motion was seconded by
Councilmember Mullen and unanimously carried. (5-0)
Mr. Napper read Ordinance No. 414 by title and number only.
MOTION: Councilmember Baker moved for the adoption of the sec-
ond and final reading of Ordinance No. 414. The motion
• was seconded by Councilmember Luna and unanimously
carried. (5-0)
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 24, 1992
PAGE 5
• C. NEW BUSINESS
SHE=• • �• _� zw •M-_ �- • `-
Mr. Algert stated the request for a change in uses on this lease
site to allow operation of a charter boat/passenger vessel busi-
ness has received an approved Conditional Use Permit from the
Planning Commission. He noted the Lessee has volunteered to
obtain water for the vessels from Avila Beach. The Planning Com-
mission put a one-year proviso on the permit to assess actual
parking impacts of the new use.
Councilmember Baker stated he is in favor of approving this use;
he said it is unfortunate the boats must obtain their water from
Avila Beach. Mayor Sheetz responded if the additional use was
for a restaurant or similar use, the City would require the
Lessee to obtain additional water equivalencies in order to oper-
ate; it would be necessary for this use also if Central Coast
Cruises wished to access City water.
Mayor Sheetz stated she favors the additional economic opportune-
• ties available to Morro Bay through this use noting how popular
ships visiting Morro Bay have been in in the past.
MOTION: Mayor Sheetz moved for the adoption of Resolution No.
19-92. The motion was seconded by Councilmember Baker
and unanimously carried. (5-0)
C-2 SELECTION OF ELECTED OFFICIAL TO ATTEND REGIONAL INTERAGENCY
SUMMIT MEETING ON YOUTH SERVICES
Mr. Napper stated the League of California Cities is sponsoring a
series of summit meetings to discuss pressing needs and concerns
of youth services with a goal towards fostering improvements in
children's services by schools, counties, and cities. He said
local agencies are asked to send one official; sufficient monies
exist in the Budget to cover the $75 registration fee and one -day
travel expenses.
Mayor Sheetz asked for volunteers from the Council for this pro-
gram? Councilmember Mullen volunteered and was appointed as the
City representative to the regional Local Government Summit on
Coordinated Youth Policy.
C-3 APPROVAL OF SCOPE OF WORK IN REQUEST FOR PROPOSALS FOR CURB�
SIDE RECYCLING SERVICES
• Councilmember Mullen stepped down from consideration of this item
due to a conflict of interest.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 24, 1992
PAGE 6
• Mr. Upton noted during council's previous consideration of the
solid waste franchise agreement between the City and Morro Bay
Garbage Service, they had directed the recycling portion of the
agreement be separated and placed out to bid. A Request for Pro-
posals has been prepared and Mr. Upton outlined the Scope of
Work. He stated the City's Solid Waste Management Board has
reviewed the RFP and recommends approval with an amendment: the
contractor "...shall perform all work required under this Agree-
ment regardless of market conditions for recyclable materials."
Mayor Sheetz asked Mr. Upton to address the items Ms. Phillips
brought up: (1) the City put the seniors out of the recycling
business; (2) purchasing of tin cans elsewhere; and (3) the bags
in San Luis Obispo for $1. Mr. Upton stated curbside recycling
is not putting anyone out of business; the market for recyclables
is bleak and most recycling companies are hurting financially.
He stated he discussed the sale of scrap metal, or tin cans, in
Atascadero with Ms. Phillips last week. He investigated this
matter and could find no company in Atascadero paying for scrap
metal. He said the Solid Waste Management Board has discussed
the $1 bag system and they believe it is more economical to con-
tinue with the present system.
Councilmember Wuriu was interested in the $1 bag rate because of
a concern some people may not be able to afford garbage rates.
• Mr. Upton stated Morro Bay's rates are the lowest in the County.
Councilmember Luna requested a change be made on page 10 of the
Scope of Work, #29, to add "reasonably" in front of "clean
uniforms".
MOTION: Councilmember Luna moved for approval of the Scope of
Work for Curbside Recycling Services as amended. The
motion was seconded by Councilmember Baker and carried
with Councilmember Mullen abstaining. (4-0-1)
Councilmember Mullen returned to her seat.
Mr. Nichols stated the Tentative Tract Map for this project will
expire February 27th with no further extensions allowed. The
developer would like to delay installing the off -site improve-
ments until the economy and the City's water supply make it
advantageous to develop the property. A draft Improvement Agree-
ment is presented which will place a lien against the property in
favor of the City in lieu of off -site improvement construction at
this time. Staff believes this adequately protects the City so
• the improvements will be constructed, and requested Council find
it is not in the public interest to require the improvements at
this time.
•
MOTION:
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 24, 1992
PAGE 7
Councilmember Luna
legal implications?
fectly legal.
Mayor Sheetz moved Council find it would not be in the
public interest to install the required off -site
improvements for Tract No. 1231 sooner than two years
after Final Map recordation, and authorized staff to
accept a non -subordinated Grant Deed of Trust upon the
property as financial security for performance of the
required off -site improvements. The motion was sec-
onded by Councilmember Luna and unanimously carried.
(5-0)
asked if this Agreement could trigger any
Ms. Skousen stated no; it seems to be per-
D. PUBLICREPORTS
92• ORDINANCE NO 415 INTRODUCTION/FIRST READING) CASE NO
GPA/ZOA/LCP 01-91• WILLIAMS BROTHERS MARKETS
Mr. Farrel reviewed the modifications made to the Local Coastal
Program and Zoning Ordinance by the Coastal Commission in its
certification of Measure H. He displayed a map depicting Council
• approvals and subsequent Coastal Commission modifications. Mr.
Farrel stated the Planning Commission considered the Coastal Com-
mission action at their February 18th meeting and they recommend
Council enforce the provisions of Measure H which prohibits Visi-
tor -Serving Commercial and that Area D be zoned either agricul-
tural or open space. They also recommend the shopping center
include Area A and the access areas. Mr. Farrel stated a Resolu-
tion and Ordinance confirming the Coastal Commission recommenda-
tions is included for Council consideration.
Councilmember Mullen asked if there is a reason why Council did
not receive the minutes from the Planning Commission meeting?
Mr. Farrel stated his office has not had time to complete them.
She asked if there is a reason why this item is before Council
now rather than March 9th when the Planning Commission minutes
would be ready? Mr. Farrel stated he was under the impression
Council wanted to get matters on this subject concluded as soon
as possible. He noted Planning Commission minutes are not rou-
tinely attached to staff reports except perhaps in the case of
appeals. Councilmember Mullen stated the Planning Department
knew the item was to be scheduled this evening and should have
made every effort to complete the Planning Commission minutes.
Mayor Sheetz opened the hearing to the public.
• Marshall Ochylski, agent for Williams Brothers, stated the action
the Coastal Commission took on this project was to retain Area D
as Visitor Serving; they did not act to make it Agriculture.
They did this because Visitor Serving is a Coastal Act priority
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 24, 1992
PAGE 8
• and State law has precedent over local ordinances; the initiative
Measure H cannot overturn State law. The only reason this item
is before Council this evening is the Coastal Commission refused
the City's restriction of hotels and motels from the Visitor
Serving designation. He noted Williams Brothers agreed to the
restriction in the Settlement Agreement. He requested Council
agree with the Coastal Commission action.
Mr. Ochylski also discounted comments regarding "back room" nego-
tiations on the Settlement Agreement. He noted City Council held
at least five Closed Session meetings on the Agreement; it was
public information at the November 12, 1991 meeting; and, changes
were made to the Agreement after comments at that meeting. He
said the Agreement represents a compromise that is good for the
City and the developer.
Councilmember Luna said the Settlement Agreement specifies no
hotels or motels will be built on the visitor serving property.
He asked what will happen to that contingency should Williams
Brothers sell the property to another developer? Ms. Skousen
stated a deed restriction can be placed against the property that
will be binding on future purchasers of the property.
Bruce Risley, Piney Way, read from the 1990 sample ballot regard-
ing Measure H which specifies no Visitor Serving in the title of
• the Measure. He said the highest number of registered voters in
the history of Morro Bay voted at this election. They were sub-
jected to fancy campaigning from Williams Brothers. Mr. Risley
read from the Candidate's Statements in the sample ballot noting
Mayor Sheetz' support of Measure H. She was re-elected, while
candidates against Measure H were turned away by the voters. He
said when the people voted they knew what they were voting for
when they voted in favor of Measure H.
Dale Reddell, 680 Sequoia Court, stated in 1974 the Coastal Act
was enacted by an initiative of the people. He said it is ironic
for Mr. Risley to attack the City Council when he should be
attacking the Coastal Commission; they are the body that adopted
Measure H as presented to Council this evening.
Jack Franklin, 1540 Little Morro Creek Road, said in a meeting
with Merle Williams in 1976, Mr. Williams had just acquired the
rights to purchase the Domenghini property where the new shopping
center is planned. At that time, Mr. Franklin told Mr. Williams
it will be 10 years before he would build a shopping center; it
has been 16 years. He said it is time to move forward in this
community. We are becoming a society of "do nothing" people; we
plan, plan, plan and nothing happens. He urged Council to go
forward with this project.
• Ann Freeman, 785 Cabrillo Place, said she was present at the
Planning Commission meeting where a signed Settlement Agreement
was presented to them which the Planning Commission could not
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 24, 1992
PAGE 9
• provide input to or change. They were very frustrated; there was
nothing they could do with a signed agreement.
Sil Cadenasso, business owner in Morro Bay, said he is tired of
hearing about this project. Every time something like this comes
up, there are too many hoops to jump through. This project will
give the business community a shot in the arm; and, another cen-
ter on Quintana Road will give people further reason to come to
Morro Bay.
Gail McDonald, Main Street, said Morro Bay must be given a chance
to grow. She is tired of having to go to San Luis Obispo or
Santa Maria for her shopping needs; a majority of people want
shopping.
Jerry Mullen stated Council is not discussing a project this
evening; they are discussing zoning of property. The discussion
should be what the people of Morro Bay wanted when they voted in
favor of Measure H; and they did vote in favor of Measure H
whether it was a 10 or 100 vote margin. He said the Coastal Com-
mission never offered Visitor Serving on this property; they only
offered it after the City took action on November 12th to leave
the designation on the property. He referred to §4013 of the
Elections Code which states an initiative measure cannot be
changed except by a vote of the people. He noted Williams
• Brothers' attorneys, in their court briefs, state Measure H pro-
hibits Visitor Serving. He said malfeasance is when an elected
official knowingly breaks the law.
Randy Ruff stated Council is taking action against §4013 of the
Elections Code; he pointed out conflicts and errors in the Set-
tlement Agreement. He said the Agreement should be consistent
with Coastal Commission approval.
Dan Reddell, 2541 Nutmeg, said the Coastal Commission approved a
compromise; that is the spirit of democracy. It is time to move
the project ahead.
Mary Phillips said if there is a legitimate argument on Measure
H, it should be settled in court. Meanwhile, the project can go
ahead with what is allowed.
John Lemons commended the three members of the Council who took
action to resolve this matter. He stated some people are speak-
ing this evening of the sacred right of the voters; some of the
same people were not supportive of this sacred right when the
electorate was trying to get the State Water Project on the
ballot.
William Manley, 680 Bella Vista, said this issue was a mess
• before, but when Councilmembers Luna and Mullen got into it, it
got worse. He noted five large markets in a town in Oregon. He
said to get going and do something.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 24, 1992
PAGE 10
• Mayor Sheetz returned the item to Council for discussion.
Mayor Sheetz stated her actions concerning Williams Brothers have
been questioned. She said she did not favor the Williams
Brothers shopping center when it was originally proposed; it was
too large. The people of Morro Bay want a smaller shopping cen-
ter, and that is what the Settlement Agreement allows for. She
stated she has not changed her position on the Williams Brothers
Shopping Center; Williams Brothers changed their position by
proposing a smaller center. Mayor Sheetz noted some have stated
it is a sign of weakness to compromise - she believes one cannot
always have one's own way all the time; there has to be give and
take. She was voted into office to represent all of Morro Bay
and she is doing what she believes is best for the community.
Councilmember Wuriu stated he does not consider himself or others
guilty of malfeasance in office; each is trying to do the best
possible job which is sometimes difficult given the fine legal
points of law involved in this issue. He is convinced working
out the Settlement Agreement was the right move at the right
time.
Councilmember Baker stated this Country was founded on individual
rights; every day those rights are being eroded, especially prop-
erty rights. He stated Amendment No. 5 of the U.S. Constitution
• states private property cannot be taken from an individual with-
out just compensation. To return Area D to Agriculture or Open
Area would not be a viable use for the property and he believes
it would result in a taking of Williams Brothers' property. He
believes the property owners should be allowed to develop the
property.
Councilmember Luna stated Williams Brothers did not change their
position on the shopping center; it took a vote of the people to
do it. He said he is not against a shopping center as long as it
complies with the wishes of the people. Williams Brothers should
have compromised before Measure H proponents were forced to go to
the people.
Councilmember Luna stated from the beginning the City Attorney
has stated Measure H eliminates Visitor Serving. He asked what
has happened legally to change that position? Ms. Skousen stated
when she drafted the ballot title and analysis, she concluded the
wording of Measure H said more than it actually did. Her analy-
sis went more to the intent of Measure H. When the actual text
of the Measure is read, there is no mention of Visitor Serving
Commercial. Her analysis was an analysis of intent and does not
actually depict what the law says.
Councilmember Luna asked what happened to the Visitor Serving?
• Ms. Skousen stated the measure is subject to interpretation when
amending the City's Land Use Plan and Local Coastal Program to
comply with Measure H. The Coastal Commission has determined
eliminating Visitor Serving is not in compliance with the Coastal
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 24, 1992
PAGE 11
• Act and refused to certify Agriculture for Area D. The Council
then adopted a resolution supporting the Coastal Commission
action leaving Area D as Visitor Serving and finding the plan was
in conformance with Measure H. The Voters Initiative Committee
sued the City ordering the City rescind the resolution. On three
different occasions the City has gone to court on this matter and
every time the Judge refuses to make that order. At this time,
Council is free to implement Measure H as they believe it says.
Councilmember Luna asked how courts normally rule on ballot mea-
sures when they are challenged? Ms. Skousen stated it is done on
a case by case basis; if it is illegal or has severe defects, it
is not upheld. However, courts make every effort to uphold the
people's initiative. She stated Council has upheld Measure H as
they see it.
Councilmember Luna read numerous court cases where people's ini-
tiatives have been upheld and liberally construed. [Those cita-
tions are attached as part of the record.] He stated he is not
anti -business and cited a number of projects he has been and is
involved in which support the business community. He believes
Williams Brothers can comply with Measure H.
Councilmember Mullen stated the reason the City is voting on the
recommendation of the Coastal Commission is because the City
• asked for it. She said no one represented the City at the
Coastal Commission's June 1991 hearing on Measure H. She said
Mayor Sheetz and Councilmembers Baker and Wuriu are doing the
City and democratic process a great injustice. Councilmember
Mullen stated before they vote to destroy Measure H, she wished
to make a statement. She said if Mayor Sheetz was serious in
trying to settle this matter, she would have involved all parties
at all times. However, Mayor Sheetz took upon herself to meet
only with Williams Brothers. This action will only serve to fan
the fire of dispute and prolong this issue. Councilmember Mullen
read from several documents which cite Measure H as eliminating
Visitor Serving on the property and adding Agriculture. She
noted even Williams Brothers' attorney states in her brief the
measure eliminates Visitor Serving. She said if three members of
Council vote in favor of leaving Visitor Serving on the property,
they will be breaking the law. She stated she has always sup-
ported a small shopping center. Council needs to stop this war
and the only way it can be done is to remove Visitor Serving from
Measure H.
Mayor Sheetz stated she is ready to move into the next century.
MOTION: Mayor Sheetz moved for adoption of Resolution No.
20-92. The motion was seconded by Councilmember Baker
and carried with Councilmembers Luna and Mullen voting
• no. (3-2)
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 24, 1992
PAGE 12
• MOTION: Mayor Sheetz moved Ordinance No. 414 be reading by
title and number only. The motion was seconded by
Councilmember Baker.
Councilmember Mullen took issue with the Mayor for calling for an
electronic vote instead of a voice vote; she said the Mayor never
calls for electronic votes on motions to read by title and number
only.
The motion was unanimously carried. (5-0)
MOTION: Mayor Sheetz moved for approval of the introduction and
first reading of Ordinance No. 414. The motion was
seconded by Councilmember Baker and carried on the fol-
lowing vote:
AYES: Baker, Wuriu, Sheetz
NOES: Luna, Mullen
Council recessed from 8:10 a.m. to 8:20 p.m.
D-2
NO. 24-92)
• Mr. Farrel reviewed P.G.&E.'s request to erect two single story
modular office buildings with the P.G.&E. plant area. The Plan-
ning Commission has reviewed and approved the use.
Councilmember Mullen asked what P.G.&E. will do with the old
buildings? Neil Ballweber, representing P.G.&E., stated those
that are leased will be returned and those owned by P.G.&E. will
be distributed to various P.G.&E. sites.
Mayor Sheetz opened the hearing to the public for comments; there
were no comments and the hearing was closed.
MOTION: Mayor Sheetz moved for the adoption of Resolution No.
24-92. The motion was seconded by Councilmember Luna
and unanimously carried. (5-0)
D-3 PUBLIC HEARING TO PERMIT CONNECTION OF TEMPORARY EMERGENCY
DESALINATION PLANT DISCHARGE LINE TO P.G.&E. OCEAN OUTFALL
FACILITY (CUP 01-92/CDP 03-92) PULLED: NO HEARING REOUIRED
D-4 RMIEW OF SPECIAL USE PERMIT NO 24-91 FOR MOBILE ICE CREAM
TRUCK VENDING BUSINESS (RESOLUTION NO. 22-92) FROZEN
PLEASURES, APPLICANT
Councilmember Baker stepped down from discussion on this item due
• to a conflict of interest.
Mr. Farrel stated Council approved a special use permit for
mobile ice cream sales last August with a condition the item
•
•
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 24, 1992
PAGE 13
return to Council for review as to compliance with conditions and
compatibility with the City. The Police Chief states there have
been no complaints; some residents in the area state the music is
unobtrusive. He recommended Council approve the permit with the
original conditions minus the six month review period.
Councilmember Wuriu asked if the truck blocks traffic when it
stops to serve a customer? Brian Candela, applicant, stated no,
he pulls as far off the street as he can.
Mayor Sheetz opened the hearing to the public; there were no com-
ments and the hearing was closed.
MOTION: Councilmember Mullen moved for the adoption of Resolu-
tion No. 22-92. The motion was seconded by Councilmem-
ber Wuriu and carried with Councilmember Baker
abstaining. (4-0-1)
Councilmember Baker returned to his seat.
Mr. Nichols stated with the recent rains, the water situation in
Morro Bay has improved considerably. Staff has turned off the
emergency desal for treatment of ground water. Due to the rains,
Level 5 emergency. The
reduce conservation to
k irrigation limitation
ds penalties for exces-
se to the improved water
it is no longer necessary to maintain a
Water Advisory Board recommends Council
Level 2 and delete the two-day per wee
from the Ordinance. Staff also recommei
sive use of water in February be waived d
situation.
Mr. Nichols stated with regard to the Councilmember request for
consideration of releasing water allocations for new building,
Council set a policy statement with their approval of the Annual
Water Report that the City will continue to withhold water until
new supplemental water supplies are available. He noted the only
ways to be able to build in Morro Bay is through new sources of
water or the retrofit program; Measure I further restricts the
retrofit program.
Councilmember Luna asked when the geologist's report concerning
any damage that may have been caused by the drought to Morro
Basin will be available? Mr. Nichols stated it will be a few
weeks yet.
Mayor Sheetz opened the hearing to the public for comments.
Bob Finley, property owner at 415 Morro Bay Blvd., asked if it
would be possible to give priority to someone already in business
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 24, 1992
PAGE 14
• who needs additional water? Councilmember Luna asked why he
needs more water? Mr. Farrel responded Mr. Finley wishes to ex-
pand his business and will need an additional water equivalency.
Charles Palmer, 485 Estero, said it is a good idea to change from
Level 5; he does not believe the fines have been fair to a lot of
people. The City is down to using 1300 acre feet of water per
year and that should be the goal rather than the previous average
of 1721 a.f. He said there is nothing wrong with retrofitting
and Council should keep conservation in place as long as it can.
Dan Reddell, 2541 Nutmeg, stated he represents The Coalition of
Morro Bay Lot Owners who have retained the law firm of Hatch and
Parent to prepare an inverse condemnation investigation and pos-
sible lawsuit against the City. He said the law firm has deter-
mined the City knew of its water shortage as early as 1972 and
failed to provide supplemental water to the City. He reviewed
programs that have been ignored or studied to death. He encour-
aged Council to release building permits to any lot owner who
wants one and do away with the lottery list.
Councilmember Wuriu asked if there is an estimate on the number
of homes that have been retrofitted? Mr. Farrel stated approxi-
mately 2,000 to 2,500 or half the houses in Morro Bay. He said
it is getting increasingly difficult to obtain water equivalen-
cies through the voluntary program.
Dale Reddell, 680 Sequoia Court, stated most the houses that have
been retrofitted have 3k gallon toilets; according to Measure I
retrofitting a retrofit is not allowed. Ms. Skousen stated Mea-
sure I states any property already retrofitted can not be
retrofitted again. It is unclear whether new houses built with
3' gallon toilets would be eligible for retrofitting.
Mayor Sheetz was of the opinion if a house is built with a 3k
gallon toilet, it has not been retrofitted and can be retrofitted
with a 1k gallon toilet. Mr. Reddell asked why not allow
retrofits of toilets previously retrofitted with 3k gallon toi-
lets? The same amount of water is saved.
Barbara Sanders, property owner in Morro Bay, agreed 3k gallon
toilets should be allowed to be retrofitted to 1k gallons. She
also favored releasing some building permits. She said a lot of
people have moved away because there is nothing for them here.
How can Council say they want affordable housing but do not want
to build? If Council does not allow growth, it will kill off
affordable housing; people are tearing down small homes and
building larger ones.
Duane Midstokke, 1380 Clarabel, said 3h gallon toilets waste a
• lot of water. The Ik gallon toilets have been re -designed and do
not have to be flushed twice. He is against retrofit altogether;
people should be able to build; he said it is blackmail.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 24, 1992
PAGE 15
• Mr. Farrel pointed out retrofit was not the City's program; it
was developed to remove an outright building moratorium in the
City imposed by the Coastal Commission.
Mayor Sheetz closed the hearing to the public.
Councilmember Baker stated he is in favor of Level 2 conservation
and eliminating penalties for February. He said Morro Bay can
start getting out of the recession by allowing some building. He
stated not building has a trickle down effect on other business.
Councilmember Baker was in favor of allowing the first quarter
water awards to be allocated with the retrofit program allowing
homes built with 3k gallon toilets to be retrofitted with 1'k gal-
lon tanks; and, research if it is possible to retrofit homes pre-
viously retrofitted with 3'k gallon toilets.
Mayor Sheetz asked what would the first quarter allocation con-
sist of? Mr. Farrel stated 12 single family dwellings and 5
multifamily.
Mayor Sheetz requested the concept be researched of retrofitting
now and banking for later building.
Councilmember Wuriu stated if Council approves going from Level 5
to Level 2, they should exercise caution and at a minimum wait
• until we receive a geologist's report on the aquifers to find out
if they have recovered from the drought or if there is damage to
them.
Councilmember Luna agreed; there should be no action taken this
evening to release building permits until staff and Council have
an opportunity to review the situation.
Mayor Sheetz requested Mr. Farrel prepare a report for the second
meeting in March on the possibility of a retrofit program to
"bank" equivalencies. Mr. Napper suggested running the concept
by the Water Advisory Board at their meeting of March 11th so
Council can have the benefit of their consideration.
Councilmember Mullen requested Council move on the items sepa-
rately. She has no problem moving out of Level 5; however, she
requested the Water Advisory Board and staff be directed to come
up with some quantifiable rainfall totals between the conserva-
tion levels.
MOTION: Councilmember Mullen moved Council downgrade the water
conservation level from 5 to 2 and staff return with
quantifying data on all levels. The motion was sec-
onded by Councilmember Luna and unanimously carried.
(5-0)
• MOTION: Councilmember Mullen moved water penalties incurred in
February 1992 be waived. The motion was seconded by
Councilmember Luna and unanimously carried. (5-0)
E
•
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 24, 1992
PAGE 16
Councilmember Baker stated staff reports water levels are average
for this time of year. He said if 12 houses are allowed to be
built it will not have a significant effect on the water supply;
he noted they will not be built until later this year.
MOTION: Councilmember Baker moved Council authorize allocation
of the first quarter water equivalencies with the
retrofit of 3'k gallon toilets, and research be con-
ducted to somehow retrofit toilets previously
retrofitted to 3k gallons.
The motion died for lack of a second.
Councilmember Mullen commented the City just built a $3.5 million
emergency desal plant because of our water situation; we must
plan for the future.
Mayor Sheetz stated Council needs to do something to get the
economy going; however, in the past Council has made allocations
after the rainy season is over. That is six weeks away and per-
haps the matter could return for Council consideration at that
time along with the report from the geologist. If the City's
water situation is in good condition, she would be willing to
open some building.
Councilmember Mullen emphasized
emergency water situation and
building!
the City just came out of an
Council already wants to allow
There was no further action on this matter.
Mr. Napper stated in accordance with Council direction at the
last meeting, an amendment to the URM ordinance has been prepared
to extend all deadlines for five years.
Mayor Sheetz opened the hearing to the public for comments.
Bob Finely, 415 Morro Bay Blvd., thanked Council for the addi-
tional five years. He also hopes to have a Task Force work with
the City on smoothing out the rough edges to the URM Ordinance.
Dave Tope also thanked Council for the extra time which will give
those property owners with URM buildings time to put a project
together during better economic times.
MOTION: Councilmember Mullen moved Ordinance No. 416 be read by
title and number only. The motion was seconded by
Councilmember Wuriu and unanimously carried. (5-0)
•
C�
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 24, 1992
PAGE 17
Mr. Napper read Ordinance No. 416 by title and number only.
MOTION: Councilmember Mullen moved for approval of introduction
and first reading of Ordinance No. 416. The motion was
seconded by Councilmember Wuriu and unanimously
carried. (5-0)
• • - `' -•_ •- ,_ _ •c_ '• 'S ; ••;•_ •.]ifs •.1�L•]iJ�l
Ron DeCarli, Executive Director of the San Luis Obispo Area Coor-
dinating Council, stated there are new State and Federal require-
ments for regional transportation due to the fact the County of
San Luis Obispo's population exceeds 50,000 and is now considered
an Urban County. Presented for Council consideration this
evening are resolutions which designate the San Luis Obispo Area
Coordinating Council as the Metropolitan Planning Organization
and Congestion Management Agency for San Luis Obispo County to
hand the tasks set forth as a result of the new designation of
Urban County.
MOTION: Councilmember Baker moved for adoption of Resolutions
No. 25-92 and 26-92. The motion was seconded by Coun-
cilmember Luna and unanimously carried. (5-0)
F.
MOTION: Councilmember Luna moved
motion was seconded by
mously carried. (5-0)
The meeting adjourned at 9:28 p.m.
Recorded by:
ARDITH DAVIS
City Clerk
the meeting be adjourned. The
Councilmember Wuriu and unani-
a
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 - FEBRUARY 10, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
PRESENTATION: RESOLUTION COMMENDING ESTERO BAY SURF CLUB
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearings items under
Section D) may do so at this time. When recognized by the Mayor, please
come forward to the podium and state your name and address for the record.
Comments should normally be limited to three minutes.
DECLARATION OF FUTURE AGENDA ITEMS (CITY COUNCIL)
CONSENT •;S
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 CLOSED SESSION AND REGULAR MEETING OF
JANUARY 27, 1992, CLOSED SESSION OF FEBRUARY 4, 1992, AND ADJOURNED
CLOSED SESSION OF FEBRUARY 5, 1992
A-2 RESOLUTION NO. 16-92 COMMENDING ESTERO BAY SURF CLUB FOR INSTALLATION
OF DRESSING AREA FACILITY AT MORRO ROCK PARKING LOT
A-3 RESOLUTION NO. 15-92 SUPPORTING AND COMMENDING U.S.A. AND MEXICO
RESEARCH AND EDUCATION EFFORTS TO PROTECT THE CALIFORNIA GRAY WHALE
A-4 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (GRAHAM)
A-5 STATUS OF EXISTING WATER SUPPLY
•
B. UNFINISHED BUSINESS
B-1 CONTINUED CONSIDERATION OF MID -YEAR CAPITAL PROJECTS: POLICE DEPART-
MENT TAPE LOGGING SUPPLIES AND STREET MAINTENANCE OVERLAY PROGRAM
1
*. NEW BUSINESS
C-1 COUNCIL REQUEST TO REVIEW CITY'S UNREINFORCED MASONRY (URM) ORDINANCE
PROGRAM AND PUBLIC FINANCING OPTIONS FOR REHABILITATION OF BUILDINGS
C-2 COUNCILMEMBER REQUEST TO CONSIDER COUNTY LETTER INDICATING FINANCING
OF NACIMIENTO WATER PROJECT WILL NOT BE ON THE NOVEMBER 1992 ELECTION
C-3 COUNCIL REQUEST TO RE—EXAMINE LOCAL PROGRAM REQUIRING RETROFIT OF
WATER FIXTURES UPON SALE OF RESIDENTIAL PROPERTY
D-1 HEARING FOR PROPERTY OWNER APPEALS OF PARCEL CHARGES FROM 1991 CITY
WEED ABATEMENT PROGRAM
D-2 ORDINANCE NO. 414 ADOPTING UNIFORM BUILDING CODE VALUATION PROVISIONS
AS TO WHEN BUILDING PERMITS ARE REQUIRED (INTRODUCTION/FIRST READING);
AND, COUNCILMEMBER REQUEST FOR ADDITIONAL CONSIDERATION OF PROJECT
APPLICATION AND APPROVAL PROCEDURES
D-3 ORDINANCE NO. 413 (INTRODUCTION/FIRST READING) AND RESOLUTION NO. 14-
92 ACCEPTING COASTAL COMMISSION CERTIFICATION AND MINOR AMENDMENTS ON
LAND USE DESIGNATIONS INVOLVING POINT MOTEL PROJECT (LUP/GPA/ZOA 09-
20)
O-4 ANNUAL REPORT ON LOCAL MOBILEHOME RENT STABILIZATION PROGRAM, AND CIT—
IZEN REQUEST TO AMEND ORDINANCE CONCERNING VACANCY DECONTROL OF RENTS
s/agen210
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.
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 10, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Sheetz called the meeting to order at 6:00 p.m.
Foe W
PRESENT: Rose Marie Sheetz
John Baker
Ben Luna
Susan Mullen
Tom Wuriu
ABSENT: None
STAFF: Gary Napper
Judy Skousen
Ardith Davis
William Farrel
Forrest Henderson
Dave Howell
Nick Nichols
Horace Strong gave the invocation,
Allegiance.
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
City Attorney
City Clerk
Community Dev. Dir.
Asst. City Admin.
Police Chief
Public Works Dir.
and led the Pledge of
RESOLUTION COMMENDING ESTERO BAY SURF CLUB
Mayor Sheetz presented a Resolution to Gene Doughty of the Estero
Bay Surf Club thanking the Club for building a public dressing
shelter at Morro Rock. Mr. Doughty thanked City staff for their
help; also P.G.&E, Hayward Lumber Co., Wixom Concrete, and Estero
Bay Surf Club members. He presented the Mayor and Councilmembers
with hats bearing the Estero Bay Surf Club logo.
Mayor Sheetz announced the City Council, in Closed Session on
Tuesday, February 4, 1992, entered into a Settlement Agreement
with Williams Brothers Market, Inc., to settle a lawsuit on
Measure H.
�L"CW4K6j;NVR
1. Lance Gorman, 330 Arbutus, stated he is co-owner of the
property at 845 Main Street which is a URM-designated building.
He requested Council follow the example set by the City of San
Luis Obispo and table the current URM ordinance until the State
takes final action on seismic requirements
2. Bob Finley, property owner at 415 Morro Bay Blvd., also
requested Council postpone enforcing the City's URM ordinance.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 10, 1992
PAGE 2
• He thanked Mayor Sheetz and Councilmembers for meeting with con
cerned property owners.
3. Trudy Sidener, 489 Trinidad, said she appreciates the
City's efforts to promote water conservation, but she has some
concerns regarding the ordinance which requires property owners
to retrofit their toilets to 1' gallons upon sale or transfer of
property. She has heard it takes two flushes to work 1k gallon
toilets, and asked what will be done with all the toilets being
replaced. She gave Council copies of an ad for water -saving
mechanical devices for toilets, and stated it would be more eco-
nomical and less wasteful if the City allowed these devices to be
installed.
4. Charles Palmer reminded Council at the last meeting he
offered his services, free of charge to prepare a water rate
schedule that will add revenue to the City and encourage conser-
vation. He has been unable to meet with the Finance Director,
but independently prepared a rate structure for Council review.
He asked the item be agendized on the next agenda. Mayor Sheetz
stated she has already requested Mr. Palmer meet with the Finance
Director prior to the item coming before Council; Ms. Burt will
schedule the matter when it is ready for Council review.
. 5. Linna Thomas, owner of the Coalesce Book Store, which
is a URM building, thanked Councilmembers for their time speaking
with the property owners involved in this issue. She strongly
believes the current ordinance is in need of re-examination; and,
if Council forms a committee to study the matter, she would like
to be a part of it.
1. Councilmember Mullen requested an agenda item be sched-
uled to discuss forming an economic development committee to cre-
ate promotional materials to encourage businesses to come to
Morro Bay.
2. Councilmember Wuriu requested an item be scheduled on
the agenda to reconsider the water rate penalty system.
A. CONSENT CALENDAR
A-1 CITY COUNCIL MINUTES OF THE CLOSED SESSION AND REGULAR MEET-
ING OF JANUARY 27, 1992. CLOSED SESSION OF FEBRUARY 4. 1992,
AND ADJOURNED CLOSED SESSION OF FEBRUARY 5 1992
Mr. Napper recommended Council approve the minutes as submitted.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 10, 1992
PAGE 3
• A-2 RESOLUTION NO 16-92 COMMENDING ESTERO BAY SURF CLUB FOR
INSTALLATION OF DRESSING AREA FACILITY AT MORRO ROCK PARKING
LOT
Mr. Napper recommended Council adopt Resolution No. 16-92.
A-3 RESOLUTION NO, 15-92 SUPPORTING AND COMMENDING U.S.A. AND
MEXICO RESEARCH AND EDUCATION EFFORTS TO PROTECT THE
CALIFORNIA GRAY WHALE
Mr. Napper recommended Council adopt Resolution No. 15-92.
A-4 REJECTION OF LIABILITYCLAIM-AGAINST THE CITY (GRAHAM)
Mr. Napper recommended Council deny the claim, and authorize the
City Clerk to sign and mail the rejection notice.
A-5 STATUS OF EXISTING WATER SUPPLY
Mr. Napper recommended Council receive the report for file.
Councilmember Luna requested Item A-1 be pulled for separate dis-
cussion; and, Councilmember Wuriu requested Item A-5 be pulled.
A-1 CITY COUNCIL MINUTES OF THE CLOSED SESSION AND REGULAR MEET-
ING OF JANUARY 27, 1992, CLOSED SESSION OF FEBRUARY 4. 1992,
AND ADJOURNED CLOSED SESSION OF FEBRUARY 5. 1992
Councilmember Luna requested an addition to the minutes on page 5
regarding the Tidelands Park fish cleaning facility: "Mr. Wolter
responded he will follow through expeditiously and provide Coun-
cil with a memo on the results."
A-5 STATUS OF EXISTING WATER SUPPLY
Councilmember Wuriu asked Mr. Nichols if he had any additional
information to add to the report in view of recent rains? Mr.
Nichols stated the City is watching the TDS level in the ground-
water in order to turn off the desal plant when levels comply
with State Health standards. However, he is not prepared to make
that recommendation until lab reports have been analyzed. He
noted water quality is improving.
MOTION: Councilmember Baker moved for the approval of the Con-
sent Calendar with the amendment to the minutes as
stated by Councilmember Luna. The motion was seconded
by Councilmember Wuriu and unanimously carried. (5-0)
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 10, 1992
PAGE 4
• B. UNFINISHED BUSINESS
B-1 CONTINUED CONSIDERATION EAR • -- POLICE
STREET
•-- -
• • ma PE LOGGING SUPPLIES .y
Mr. Napper stated these two capital projects were deferred from
the last Council meeting so more information could be submitted
to Council. Chief Howell explained the statute of limitations
for retaining documents has increased from 100 to 180 days. It
is necessary the Police Department purchase enough tapes to cover
this additional time period. He said the tapes cost approxi-
mately $100 each, cover one 24-hour period of dispatching, and
are necessary should complaints be filed against the City; they
are also used for training and recruitment purposes.
Councilmember Wuriu asked if there have been any instances where
a tape has been used in a claim against the City? Chief Howell
was unaware of any; however, when complaints are received, they
are often dropped when the complainant hears the actual conversa-
tion on tape.
Councilmember Mullen noted the original number of tapes requested
was 70; can the Police Department adequately handle taping for 24
hours until more money is available for this purpose? Mr. Napper
• stated the Department is working towards having sufficient tapes
for the 180-day period. There may be some tapes available within
the Department at this time which can be erased and recycled.
Councilmember Mullen asked Chief Howell if he will be asking for
the balance of the funding in the next fiscal year budget? Chief
Howell stated yes, unless he can figure out some way to purchase
the balance of tapes in his existing budget.
MOTION: Councilmember Baker moved for approval of purchasing 35
tapes for the public safety communications system
($3,500). The motion was seconded by Councilmember
Luna and unanimously carried. (5-0)
Mr. Nichols reviewed the list of streets eligible for overlay at
this time. He stated Council's usual procedure is to solicit
street nominations from the Streets and Trees Committee before
making a final determination on which streets should be over-
layed.
Mayor Sheetz stated her preference is to allocate the $50,000 to
the overlay program while requesting the Streets and Trees Com-
mittee return with recommended streets to be repaired. Coun-
cilmembers Baker and Wuriu agreed.
• Councilmember Mullen asked why estimated contractor and City
forces costs are included in the report? Mr. Nichols stated
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 10, 1992
PAGE 5
• there are some instances when the City has bid a project due to
the steepness of a hill; both costs are included routinely.
MOTION: Councilmember Baker moved for approval of a $50,000
appropriation to the Street Maintenance Overlay Program
with the list of targeted streets referred to the
Streets and Trees Committee for priority recommenda-
tion. The motion was seconded by Councilmember Wuriu
and unanimously carried. (5-0)
Mr. Farrel reviewed the status of URM buildings in Morro Bay and
the progress towards getting them retrofitted. He is not in
favor of abandoning the ordinance due to the amount of money some
property owners have already spent in compliance and the hundreds
of hours of staff time spent on the program. He suggested per-
haps Council could extend the time frame for compliance thereby
providing relief until final State requirements are known.
Mayor Sheetz stated the URM ordinance was adopted shortly after
• the San Francisco earthquake; now, we are in a recession and
money is very tight. She preferred not to see more vacant store-
fronts in the City. She noted a recent article in the New Times
including statistics that the number of deaths due to buildings
falling during an earthquake is very low.
Councilmember Mullen stated it is clear the existing ordinance is
over -kill; it was based on a Los Angeles -type ordinance with
higher earthquake probability. She encouraged Council to change
the time limits and seriously look at changing the ordinance or
rescinding it entirely and replace it with what the City of San
Luis Obispo has enacted. She preferred to wait until the State
has taken action, and maybe for a committee of those affected by
in the URM ordinance to recommend a different ordinance.
Councilmember Wuriu generally agreed and stated he did not want
to force anyone into doing something when the State has not
finally determined the regulations. He suggested staff study the
ordinance and the San Luis Obispo regulations and return with an
amended ordinance.
Ms. Skousen stated Council can amend their current ordinance to
extend the deadlines for compliance or direct no action be taken
to enforce the current ordinance.
• Councilmember Luna asked if the City proceeds with enforcing its
ordinance and the State relaxes the regulations, will the City be
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 10, 1992
PAGE 6
• liable for the money already spent by property owners? Ms.
Skousen stated no.
Dave Tope, owner of a URM building, stated he needs definite
action from the Council in order to talk to the banks about
financing his project.
Linna Thomas requested the time table be frozen until the State
regulations are determined.
MOTION: Councilmember Mullen moved all deadlines in the URM
ordinance be extended by five years. The motion was
seconded by Councilmember Wuriu and unanimously
carried. (5-0)
MOTION: Councilmember Mullen moved Council seriously consider
rescinding the URM ordinance and adopt an interim ordi-
nance similar to that passed by the City of San Luis
Obispo. The motion was seconded by Councilmember Luna.
Councilmember Luna stated Linna Thomas and Dave Tope have
expressed a willingness to work on amending the ordinance; *he
suggested that be tried before rescinding the ordinance. Coun-
cilmember Mullen stated a committee is not needed until the
State's regulations are known.
• The motion carried with Councilmember Wuriu and Mayor
Sheetz voting no. (3-2)
Mr. Gorman commented the City of San Luis Obispo adopted an
interim ordinance and formed a committee for the final ordinance.
There is little for a committee to discuss at this point.
Mr. Napper stated by adopting an interim ordinance like San Luis
Obispo, Council will be placing more restrictions on URM property
owners than merely extending existing deadlines.
Councilmember Baker requested a re -vote on the motion.
Mayor Sheetz called for another vote on the motion to
create an interim ordinance. The motion failed with
Councilmembers Baker, Luna, Wuriu, and Mayor Sheetz
voting no. (1-4)
Councilmember Mullen stated she requested this item be agendized
because of a letter from the County Engineering Department stat-
ing the election on the Nacimiento bonds will be postponed. She
said the people of this community voted overwhelmingly in favor
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 10, 1992
PAGE 7
• of Nacimiento water. She requested the Mayor send a letter to
the Board of Supervisors expressing the City's disappointment in
this action and urging them to move forward.
Councilmember Luna noted Supervisor Laurent has indicated he will
take action to see the election goes forward. Councilmember
Mullen said the City of Morro Bay should still write to the Board
of Supervisors with our objections.
Councilmember Wuriu said there is nothing wrong with the letter
sent by County Engineering staff. The whole purpose for the let-
ter is it is necessary to determine how much is going to be
requested from the State Water Project before there can be
definitive answers on how much water will be needed from the
Nacimiento project and the costs therefor. It is possible there
will be a shortage in both sources of water and some agencies are
asking for water from both sources. The letter was not a plot to
submarine the Nacimiento project.
Councilmember Luna does not believe the letter is a plot to kill
the Nacimiento Water Project. He noted both water projects
received support from this community. He said he will support
sending a letter to the County supporting the placement of the
Nacimiento project on the November ballot; however, he was not in
favor of expressing dissatisfaction with the letter.
• MOTION: Councilmember Luna moved a letter be sent to the County
Board of Supervisors indicating support of placing the
Nacimiento water project on the November 1992 ballot,
without a complaint about the letter. The motion was
seconded by Councilmember Wuriu and unanimously
carried. (5-0)
Councilmember Wuriu noted work is underway in the County on the
Nacimiento project; the County has selected engineering consul-
tants and bond counsel.
Mr. Farrel stated the staff report includes information that
approximately 80 homes retrofitted with 1' gallon toilets since
the ordinance requiring retrofit upon sale of property was
adopted in April of 1991. He noted the benefits of the ordinance
and stated none of the proposed conservation devices for toilets
have been approved by the International Association of Plumbing
and Mechanical Officials as to their effectiveness in water con-
servation. Additionally, the mechanical devices are easy to
remove from toilets.
• Councilmember Mullen stated if the City maintains this ordinance,
the City should be responsible for recycling the toilets which
11
•
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 10, 1992
PAGE 8
are disposed when replaced by 1'k gallon toilets. She said the
water rates encourage people to save water and water is saved by
using the conservation devices available for toilets.
Councilmember Baker noted his 1k gallon toilet works fine and
asked if there is a way to find out if the fixtures do save the
amount of water stated in their ads? Mr. Farrel stated there are
no fixtures certified as to water saved.
Councilmember Luna stated he voted against this ordinance when it
was proposed; however, he is not in favor of doing away with the
ordinance at this point due to the number of people who have com-
plied with it. The ordinance seems to be working, and to flip-
flop would not be fair to those already retrofitting.
Councilmember Wuriu stated he spoke to two plumbers about the
devices and it is their opinion the 3k gallon toilets do not
function well with such mechanical devices installed to save
water.
MOTION: Councilmember Mullen moved the City consider providing,
at least, information material to people who are
required to retrofit on how they can recycle the old
toilets. The motion was seconded by Councilmember
Wuriu and unanimously carried. (5-0)
Council took no action on amending the ordinance.
• HEARING F• R PROPERTY OWNER OF ARCEL CHARGES FROM
1991 CITY WEED ABATEMENT,PROG
Mr. Nichols stated this hearing is scheduled to give property
owners the opportunity to appeal charges which were added to
their property tax bills as a result of abating their property of
weeds last year. He noted there has only been one appeal to
date; that of Robert S. Johnson in the amount of $266.52. Staff
has determined the appeal is valid and recommends reimbursing Mr.
Johnson the $266.52 charged against his last property tax bill.
Mayor Sheetz opened the hearing to the public to receive appeals
from property owners for weed abatement charges; there were no
appeals and the hearing was closed.
MOTION: Councilmember Luna moved the 1991 Weed Abatement Pro-
gram appeal hearing be closed; that the appeal filed by
Mr. Robert S. Johnson be upheld and $266.52 be refunded
to Mr. Johnson from the Weed Abatement and Projects
accounts; and, the 10% retention fund less the $266.52
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 10, 1992
PAGE 9
• refund be released to the contractor. The motion was
seconded by Councilmember Wuriu and unanimously
carried. (5-0)
Mr. Farrel stated current Municipal Code provisions require
building permits for work in excess of $100 in value. He pro-
posed the ordinance be amended to follow the Uniform Administra-
tive Code which does not use a specific dollar amount for per-
mits, but instead correlates permits to the type of work being
performed.
Mayor Sheetz opened the hearing to the public for comments; there
were no comments and the matter was returned to Council.
Councilmember Luna requested he be provided with copies of the
various hand-outs the Community Development Department dis-
tributes to the public. He stated he is concerned when people
come to Morro Bay to inquire about opening a business they become
• frustrated and confused with the City's procedures. Mr. Farrel
stated he will provide Councilmember Luna with copies of their
hand-outs. He noted his Department spends a considerable amount
of time at the counter explaining the City's water equivalency
program to people; the rules are so complex it is difficult to
set them out on an abbreviated hand-out.
Councilmember Wuriu stated his intention when requesting this
matter be agendized was to see if some of the red -tape involved
in getting permits could be eliminated. He realizes a balance
must be maintained between the citizens' right to build and the
City's need to have control for public safety. He suggested an
ad -hoc committee be formed consisting of member(s) of Council,
Chamber of Commerce, building trades, etc. The committee could
review the regulations and determine if some steps could be taken
to make them less complicated.
Mayor Sheetz suggested Councilmembers Luna and Wuriu take the
task on as part of their sub -committee with the Chamber of Com-
merce on economic development. Councilmember Luna agreed; he
stated the sub -committee could brain -storm this and return to
Council with a formal proposal.
MOTION: Councilmember Baker moved Ordinance No. 414 be read by
title and number only. The motion was seconded by
Councilmember Wuriu and unanimously carried. (5-0)
0 Mr. Napper read Ordinance No. 414 by title and number only.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 10, 1992
PAGE 10
•
MOTION: Councilmember Wuriu moved for approval of introduction
and first reading of Ordinance No. 414. The motion was
seconded by Councilmember Baker and unanimously
carried. (5-0)
Mr. Farrel stated last year Council adopted amendments to the
General Plan, Local Coastal Program Land Use Plan, and Zoning
Ordinance in conjunction with approval of a project at the North
Point Motel. These amendments were forwarded to the Coastal Com-
mission for certification; they recently concluded their consid-
eration of the amendments and the matter is now before Council
for formal approval. The Coastal Commission made some minor
changes to Council's recommendation.
Mayor Sheetz opened the hearing to the public for comments; there
were no comments and the hearing was closed.
MOTION: Councilmember Baker moved for the adoption of Resolu-
tion No. 14-92. The motion was seconded by Councilmem-
ber Wuriu.
Councilmember Luna stated he will vote against the approval of
this item as he did when it was presented last year. His con-
cerns have to do with the location of the project, impacts on
view sheds, and grading; it will lead to development of the land
at this site.
The motion carried with Councilmember Luna voting no.
(4-1)
MOTION: Councilmember Wuriu moved Ordinance No. 413 be read by
title and number only. The motion was seconded by
Councilmember Baker and unanimously carried. (5-0)
Mr. Napper read Ordinance No. 413 by title and number only.
MOTION: Councilmember Baker moved for the adoption of the sec-
ond and final reading of Ordinance No. 413. The motion
was seconded by Mayor Sheetz and carried with Coun-
cilmember Luna voting no. (4-1)
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 10, 1992
PAGE 11
•-4 ANNUAL REPORT ON LOCAL MOBILEHOME ;_N_ -AA
VACANCY DECONTROL OF RENTS 0
Mr. Henderson reviewed his annual report on the activities of the
Rent Review Board (City Council) noting the Board has never been
required to conduct hearings. Mr. Henderson also reviewed the
vacancy decontrol issue noting a current case being decided by
the Supreme Court which should settle the matter (Yee v City of
Escondido). He noted a letter from attorney C. Randall Cook
requesting the ordinance be re -amended to disallow rent increases
upon change of occupancy, and recommended Council adopt a "wait
and see" attitude until the matter is decided by the Supreme
Court.
Mayor Sheetz opened the hearing to the public for comments.
Randy Cook, attorney, stated the Council acted too quickly in the
original Hall case when they amended the ordinance to allow park
owners to increase rents upon change of occupancy. He outlined
some of the unethical rental increase practices by park owners
when mobilehome owners try to sell their home causing the home
owner to sell at drastically reduced prices to either new owners
or the park owner.
• Willow Kelly, mobilehome park resident, stated there are still
parks in the City not complying with the Ordinance. She asked if
there is any recourse for people who have paid inflated costs in
the past without knowing it was illegal? Ms. Skousen stated the
City can only take action to enforce the ordinance when it
becomes aware of a violation; the City cannot retroactively col-
lect money paid by the tenants. Councilmember Wuriu commented if
someone feels they are being charged illegal rents, they should
come to City Hall and complain.
Ernie Price, President of the Mobilehome Owners Association at
the Blue Heron Terrace, stated the Hall v City of Santa Barbara
case, on which the City based their decision to enforce vacancy
decontrol, did not apply to the whole State of California; it
only affected Santa Barbara. He asked Council at that time to
delay their decision on decontrol until all appeals had been
exhausted. The result has been to take mobilehomes out of the
low cost housing market with 150% increases in rent.
Bruce Risley stated the amendment to the ordinance in 1989 was
hasty and damaging to the interests of the people living in
mobilehome parks. He said Council owes it to the citizens of
Morro Bay to re -open this issue and investigate it; find out what
other communities have done to protect the people.
0 Mayor Sheetz returned the matter to Council.
•
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - FEBRUARY 10, 1992
PAGE 12
Councilmember Mullen questioned the comments by Mr. Price that
the Hall case only applied to Santa Barbara. Ms. Skousen stated
the Santa Barbara case applied to the Central Appellate district;
Morro Bay is included in this district and the action is there-
fore binding on all cities in the district. The Yee case was
decided in the Southern Appellate District which is now in the
hands of the U.S. Supreme Court.
Bill Wyntrell, realtor, described a bad experience a client of
his had with vacancy decontrol involving the death of a mobile -
home owner. He said park owners are unscrupulous in their han-
dling of vacancy decontrol.
Ms. Skousen stated all cities in the area have complied with the
Hall decision except cities having rent control as the result of
an initiative; those cities are obligated to fight vacancy decon-
trol. She noted the League of California Cities is fighting the
Yee decision and drafting briefs to control rents when a space
becomes vacant.
Councilmember Mullen asked if the City is obligated because of
the Jennings lawsuit to maintain its present position of vacancy
decontrol? Ms. Skousen stated
the ordinance she knows the
immediately.
no; however, if Council changes
park owner will file suit
Councilmember Mullen requested the Council be kept informed on
the progress of the Yee suit in the Supreme Court and any delays
in a decision.
F. ADJOURNMENT
MOTION: Councilmember Wuriu moved the meeting be adjourned.
The motion was seconded by Councilmember Baker and
unanimously carried. (5-0)
The meeting adjourned at 8:10 p.m.
Recorded by:
ARDITH DAVIS
City Clerk
S/MIN210
0
• NOTICE OF ADJOURNED SPECIAL MEETING
NOTICE IS HEREBY GIVEN, that the Special Meeting
Closed Session of the Morro Bay City Council held on
Tuesday, 04 February 1992 has, been adjourned to
Wednesday, 05 February 1992 at 4:00 p.m. in the City
Hall Conference Room, 595 Harbor Street, Morro Bay, CA.
Council shall continue its Closed Session in
accordance with Government Code §54956.9(a) pending
litigation in the matters of:
1. WILLIAMS BROTHERS MARKETS INC ET AL V. CITY OF
MORRO BAY, ET AL.; San Luis Obispo Superior Court;
Case No. 69397
2. VOTERS INITIATIVE COMMITEE V. CITY OF MORRO BAY;
• San Luis Obispo Superior Court; Case No. 71138
DATED: February 4, 1992
ARDITH DAVIS, City Clerk
City of Morro Bay, California
•
• MINUTES - MORRO BAY CITY COUNCIL
ADJOURNED SPECIAL MEETING
CLOSED SESSION - FEBRUARY 5, 1992
CITY HALL CONFERENCE ROOM - 4:00 P.M.
Mayor Sheetz called the meeting to order at 4:00 p.m.
PRESENT: Rose Marie Sheetz
Mayor
John Baker
Councilmember
Ben Luna
Councilmember
Susan Mullen
Councilmember
Tom Wuriu
Councilmember
ABSENT: None
STAFF: Gary Mapper City Administrator
Judy Skousen City Attorney
E. CLOSED SESSION (continued from February 4, 1992)
1. WILLIAMS BROTHERS MARKETS, INC. ET AL. V. CITY OF MORRO BAY,
ET AL.; San Luis Obispo Superior Court; Case No. 69397
2. VOTERS INITIATIVE COMMITTEE V. CITY OF MORRO BAY; San Luis
Obispo Superior Court; Case No. 71138
• The meeting immediately adjourned to Closed Session and returned
to Open Session at 4:44 p.m.
City Attorney Judy Skousen announced Council's intentions to sign
the Settlement Agreement regarding the Williams Brothers lawsuit.
She noted the Settlement Agreement is not a public document until
it has been signed by all parties.
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 4:45 p.m.
Recorded
GARY MAPPER
Deputy City
•
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0
41c�414 V��
• NOT = C E O F S PEC = AL MEET = NG
NOTICE IS HEREBY GIVEN, pursuant to Morro Bay
Municipal Code Section 2.08.110, that a Special Meeting
of the Morro Bay City Council is hereby called to be
held on Tuesday, 04 February 1992.at 3:30 p.m. in the
City Hall Conference Room, 595 Harbor Street, Morro
Bay, CA.
At said Special Meeting, Council shall adjourn to
Closed Session in accordance with Government Code
§54956.9(a) pending litigation in the matters of:
1. WILLIAMS BROTHERS MARKETS INC ET AL V. CITY OF
MORRO BAY, ET AL.; San Luis Obispo Superior Court;
• Case No. 69397
VOTERS INITIATIVE COMMITEE V. CITY OF MORRO BAY;
San Luis Obispo Superior Court; Case No. 71138
DATED: February 3, 1992
• MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - FEBRUARY 4, 1992
CITY HALL CONFERENCE ROOM - 3:30 P.M.
Mayor Sheetz called the meeting to order at 3:32 p.m.
PRESENT: Rose Marie Sheetz
Mayor
John Baker
Councilmember
Ben Luna
Councilmember
Susan Mullen
Councilmember
Tom Wuriu
Councilmember
ABSENT: None
STAFF: Gary Napper City Administrator
Judy Skousen City Attorney
E. CLOSED SESSION
1. WILLIAMS BROTHERS MARKETS INC ET AL V. CITY OF MORRO BAY
ET AL.; San Luis Obispo Superior Court; Case No. 69397
2. VOTERS INITIATIVE COMMITTEE V. CITY OF MORRO BAY; San Luis
Obispo Superior Court; Case No. 71138
• MOTION: Councilmember Wuriu moved the meeting adjourn to Closed
Session. The motion was seconded by Councilmember
Baker and unanimously carried. (5-0)
Mayor Sheetz read the Closed Session statement.
Council adjourned to Closed Session at 3:32 p.m.; at 4:14 p.m.
Councilmembers Luna and Mullen left the meeting.
INNEW-TINKri _
Tlwq
MOTION: Councilmember Baker moved the Closed Session adjourn to
Wednesday, February 5, 1992 at 4:00 p.m. in the City
Hall Conference Room to continue discussion on Closed
Session items. The motion was seconded by
Councilmember Wuriu and unanimously carried. (3-0)
The meeting adjourned at 4:54 p.m.
Recorded b
Deputy City Clerk
L�l
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a-� /9'I�
City Of Morro Bay
f� City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life
which we all enjoy. We are committed to this purpose and will provide a level of municipal
service consistent and responsive to our public and its needs.
CLOSED SESSION - JANUARY 27, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
595 HARBOR ST., MORRO BAY, CA
E-1 GOVERNMENT CODE §54957.6(A), LABOR RELATIONS
E-2 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION, SONIC CABLE LEASING
CORP. V. CITY OF MORRO BAY, CASE NO. 91 6171 AWJ (JRX), U.S. DISTRICT
COURT, CENTRAL DISTRICT OF CALIFORNIA
E-3 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION, OASI, INC. V. CITY OF
MORRO BAY, CASE NO. 70319, SUPERIOR COURT, SAN LUIS OBISPO
REGULAR MEETING - JANUARY 27, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
WLL CALL
VOCATION
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearings items under
Section D) may do so at this time. When recognized by the Mayor, please
come forward to the podium and state your name and address for the record.
Comments should normally be limited to three minutes.
CLARATION OF FUTURE AGENDA ITEMS (CITY COUNCIL)
A. CONSENT CALEND
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 CLOSED SESSION OF JANUARY 13, 1992, THE
REGULAR MEETING OF JANUARY 13, 1992, AND THE CLOSED SESSION OF JANUARY
15, 1992
A-2 STATUS OF EXISTING WATER SUPPLY
A-3 REPORT ON INVESTIGATION OF BUILDING CODES AND TECHNOLOGIES REGARDING
RESIDENTIAL WATER AND ENERGY CONSERVATION SYSTEMS
01-4 RECOMMENDATION FROM WATER ADVISORY BOARD ON WATER MANAGEMENT PLAN
A-5 ACCEPTANCE OF RESIGNATION FROM STREETS AND TREES COMMITTEE (BEECHAM)
AND AUTHORIZATION TO ADVERTISE VACANCY
6 REPORT ON DUMPSTER AND TRASH ALTERNATIVES AT TIDELANDS PARK FISH
CLEANING RACK
A-7 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (TRAVERS)
A-8 EXPENDITURE REPORT - DECEMBER 1991
A-9 STATEMENT OF INVESTMENTS - DECEMBER 1991
A-10 INFORMATION REPORT ON COMMENCEMENT OF NOTIFICATION AND ENFORCEMENT
PROCESS FOR ABATEMENT OF ILLEGAL CONVERSIONS AND DWELLING UNITS
B-1 ORDINANCE NO. 412 AMENDING CHAPTERS 2.08 AND 2.28 OF THE MORRO BAY
MUNICIPAL CODE PERTAINING TO THE PREPARATION AND RELEASE OF CITY
COUNCIL AND PLANNING COMMISSION AGENDAS (SECOND READING/ADOPTION)
B-2 REPORT FROM COUNCIL SUB -COMMITTEE ON PROSPECTIVE PILOT PROGRAM
IMPLEMENTATION OF DOWNTOWN TROLLEY SYSTEM
C. NEW BUSINESS
C-1 RESOLUTION NO. 12-92 AMENDING CITY SHORT-TERM AND LONG-TERM WATER
PROJECT PRIORITY LIST FOR INCLUSION OF COASTAL BRANCH, STATE WATER
PROJECT
REPORTS0. PUBLIC HEARINGS,
D-1 CONSIDERATION OF COASTAL COMMISSION MODIFICATIONS TO THE GENERAL PLAN,
ZONING ORDINANCE, AND LOCAL COASTAL PROGRAM LAND USE PLAN AMENDMENT
UNDER MEASURE H (CASE NO. GPA/ZOA/LCP 01-91; WILLIAMS BROTHERS
MARKETS)
D-2 REVIEW OF RECOMMENDED MID -YEAR CAPITAL IMPROVEMENT PROJECT BUDGET AND
PROJECTED ANNUAL REVENUE SHORTFALL FOR FY 1991-92
D-3 RESOLUTION NO. 10-92 AUTHORIZING FILING OF GRANT APPLICATION FOR
COMMUNITY DEVELOPMENT BLOCK GRANT PLANNING AND TECHNICAL ASSISTANCE
MONIES FOR RESEARCH ON LOCAL SEAFOOD PROCESSING INDUSTRY
D-4 ESTABLISHMENT OF LIVEABOARD PERMIT FEES AND RESOLUTION NO. 11-92
AMENDING CITY MASTER FEE SCHEDULE
D-5 DISCUSSION OF FORMATION OF SOLID WASTE MANAGEMENT JOINT POWERS AUTHOR-
ITY AND RESOLUTION NO. 13-92 SUPPORTING ESTABLISHMENT OF A COUNTYWIDE
RECYCLING AND MARKET DEVELOPMENT ZONE
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.
•
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION - JANUARY 27, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
Mayor Sheetz called the meeting to order at 5:15 p.m.
PRESENT: Rose Marie Sheetz
Mayor
John Baker
Councilmember
Ben Luna
Councilmember
Susan Mullen
Councilmember
Tom Wuriu
Councilmember
ABSENT: None
STAFF: Gary Napper City Administrator
Judy Skousen City Attorney
E. CLOSED SESSION
E-1 GOVERNMENT CODE §54957.6(A), LABOR RELATIONS
E-2 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION, SONIC CABLE
LEASING CORP. V. CITY OF MORRO BAY, CASE NO. 91 6171 AWJ (JRX),
U.S. DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
E-3 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION, OASI. INC. V.
CITY OF MORRO BAY, CASE NO. 70319, SUPERIOR COURT, SAN LUIS
• OBISPO
E-4 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION, VOTER'S INITIA-
TIVE COMMITTEE V. CITY OF MORRO BAY, CASE NO. 71138, SUPERIOR
COURT, SAN LUIS OBISPO
E-5 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION, CAYUCOS SANITARY
DISTRICT V. CITY OF MORRO BAY, CASE NO. 70420 SUPERIOR COURT, SAN
LUIS OBISPO
MOTION: Councilmember Baker moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Wuriu and
unanimously carried. (5-0)
Mayor Sheetz read the Closed Session statement.
The meeting adjourned to Closed Session at 5:16 p.m. and returned to
regular session at 5:59 p.m.
F. ADJOURNMENT
MOTION: Councilmember Mullen moved the meeting be adjourned. The
motion was seconded by Councilmember Luna and unanimously
carried. (5-0)
RecordedThe meeting adjourned at 5:59 p.m.
.
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 27, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Sheetz called the meeting to order at 6:07 p.m.
f o WA9 +.
PRESENT: Rose Marie Sheetz
John Baker
Ben Luna
Susan Mullen
Tom Wuriu
ABSENT: None
STAFF: Gary Napper
Judy Skousen
Rick Algert
Louise Burt
Ardith Davis
William Farrel
Jeff Jones
Nick Nichols
Steve Wolter
Horace Strong gave the invocation,
Allegiance.
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
City Attorney
Harbor Director
Finance Director
City Clerk
Community Dev. Dir.
Fire Chief
Public Works Dir.
Rec. & Parks Dir.
and led the Pledge of
1. Jim Nance, 250 Damar, stated he retrofitted the toilets
in his home four years ago with three gallon toilets. Now,
because he wants to sell his home, the City requires he retrofit
the toilets again with lk gallon toilets. He objected to this
law and suggested he could install fixtures in the three gallon
toilets so they only use 1h gallons when flushed.
Mayor Sheetz stated she is concerned with discarding useable fix-
tures when installing water conservation fixtures. She requested
the retrofit ordinance be scheduled on a future Agenda for
review.
Randy Ruff stated Measure I does not allow retrofitting an
already retrofitted fixture. Mr. Napper responded Measure I does
not prohibit installing the newer water conservation devices, but
does prevent the City from allocating any water saved as a result
of the additional retrofit.
2. Charles Palmer discussed the City's water rate schedule
and its inequities. He stated he is now prepared to offer the
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 27, 1992
• PAGE 2
City his services free of charge with no strings attached to
develop a water rate structure that will save water and increase
revenues. He said his rate structure can be developed to give
the City the amount of money it needs in whatever timeperiod it
requires; and, it will not be as oppressive as the current rates.
Councilmembers agreed they would like to see the proposal as long
as it does not cost the City additional money. Mayor Sheetz
directed Finance Director Louise Burt to meet with Mr. Palmer and
bring the item back on a future Agenda for a report as to its
feasibility.
3. Roger Ewing, Chairman of the Voters Initiative Commit-
tee, referred to a copy of a letter written on City stationary to
Peter Douglas of the Coastal Commission from Bill Farrel dated
January 9, 1992 and regarding Williams Brothers. He said the
letter represents a policy statement and interpretation of the
Morro Bay Land Use Plan, and reflects Williams Brothers' position
taken at a hearing regarding their vesting map. He asked if
Council saw the letter before it was mailed, and who authorized
Mr. Farrel to write the letter?
Mr. Farrel stated communicating with the Coastal Commission on
City matters is something planning staff does on a regular basis
• without Council authority. He said the letter does not represent
a City policy statement. Mr. Ewing stated according to the Morro
Bay Municipal Code only the City Council can dictate land use
policy. He said Morro Bay laws and ordinances are being ignored
for the sake of one developer; development must take place in the
framework of laws.
1. Mayor Sheetz requested a New Business item be scheduled
on a future agenda to re-evaluate the URM ordinance. Councilmem-
ber Mullen requested an update on financing options for URM
retrofitting, and people currently required to comply with the
law.
2. Councilmember Mullen stated Council recently received a
letter from San Luis Obispo County Engineering they are consider-
ing postponing a bond issue on the Nacimiento Water Project. She
said the Mayor should be authorized to write a letter objecting
to this action; the voters do not want to see the County postpone
action on this project.
3. Councilmember Luna asked if it is too late to add
agenda items to the County/Cities joint meeting on Saturday,
February 1st? Mr. Napper stated he believes so; he noted no
• agenda or packet has been received yet.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 27, 1992
• PAGE 3
4. Mayor Sheetz announced Item D-1 on the Agenda concern-
ing Williams Brothers will not be heard this evening but must be
referred to the Planning Commission. Ms. Skousen stated she
appeared in court on Friday concerning the VIC suit against the
City on Measure H, and assured the Judge the City Council will
not hear this matter before consideration by the Planning
Commission.
Mr. Napper recommended Council approve the minutes as submitted.
A-2 STATUS OF EXISTING WATER SUPPLY
Mr. Napper recommended Council receive the report for file.
A-3 REPORT ON INVESTIGATION OF BUILDING CODES AND TECHNOLOGIES
RT'GARDING RESIDENTIAL WATER AND ENERGY CONSERVATION SYSTEMS
Mr. Napper recommended Council receive the report for file.
• A-4 RECOMMENDATION FROM WATER ADVISORY BOARD ON WATER MANAGEMENT
PLAN
Mr. Napper recommended Council receive the report for file.
A-5
Mr. Napper recommended Council accept the resignation, and autho-
rize staff to advertise the vacancy.
A-6 REPORT ON DUMPSTER AND TRASH ALTERNATIVES AT TIDELANDS PARK
FISH CLEANING RACK
Mr. Napper recommended Council receive the report for file.
A-7 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (TRAVERS)
Mr. Napper recommended Council deny the claim, and authorize the
City Clerk to sign and mail the rejection notice.
A-8 EXPENDITURE REPORT - DECEMBER 1991
Mr. Napper recommended Council approve the Expenditure Report as
• submitted.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 27, 1992
PAGE 4
• A-9 STATEMENT OF INVESTMENTS - DECEMBER 1991
Mr. Napper recommended Council receive the report for file.
A-10 INFORMATION REPORT ON COMMENCEMENT OF NOTIFICATION AND
ENFORCEMENT PROCESS FOR ABATEMENT OF ILLEGAL CONVERSIONS AND
DWELLING UNITS
Mr. Napper recommended Council receive the report for file.
Councilmember Mullen requested Items A-2 and A-3 be pulled for
separate discussion; Councilmember Luna requested Item A-6 be
pulled; and Councilmember Wuriu requested Item A-10 be pulled.
A-2 STATUS OF EXISTING WATER SUPPLY
Councilmember Mullen commented on the low TDS (700) figures for
the Morro Basin. Mr. Nichols explained the reason they are so
low is due to running the desal for a longer period of time.
Recently, even the blended water TDS levels exceeded the State's
1500 limit, and staff is attempting to make sure it does not hap-
pen again.
A-3 REPORT ON INVESTIGATION OF BUILDING CODES AND TECHNOLOGIES
• REGARDING RESIDENTIAL WATER AND ENERGY CONSERVATION SYSTEMS
Councilmember Mullen complimented staff on the report, encouraged
continued investigation into new water conservation processes,
and requested Council be kept up-to-date on new technology. She
is interested in information in whole -house water recycling
systems.
A-10 INFORMATION REPORT ON COMMENCEMENT OF NOTIFICATION AND
ENFORCEMENT PROCESS FOR ABATEMENT OF ILLEGAL CONVERSIONS AND
DWELLING UNITS
Councilmember Wuriu was concerned eliminating illegal conversions
will take its toll on the low-cost housing market. Mr. Farrel
stated the program could be a problem for those people living in
illegal units or conversions; however, it is the City's obliga-
tion to assure people have safe housing. He said the problem
with illegal conversions is they do not meet building code stan-
dards; there is no way a garage converted into living quarters
can meet the code requirements for residences. Also, a single
family residence is required to have a garage.
A-6 REPORT ON DUMPSTER AND TRASH ALTERNATIVES AT TIDELANDS PARK
FISH CLEANING RACK
. Councilmember Luna stated he requested this item be agendized
because there is a problem of pelicans and/or seagulls getting
fish carcasses stuck in their throat due to fishermen throwing
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 27, 1992
PAGE 5
• the carcasses to the birds. He helped a Fish and Game employee
retrieve a fish carcass stuck in a pelican recently. He asked if
something can be done sooner than current plans for letting the
Tidelands Park project out to bid? Mr. Wolter explained two pro-
cesses would have to be followed due to the expenditures
involved. Councilmember Luna suggested putting a clasp with a
chain on the garbage dumpster lid in the meantime. *
MOTION: Councilmember Mullen moved for approval of the Consent
Calendar. The motion was seconded by Councilmember
Luna and unanimously carried. (5-0)
B. UNFINISHED BUSINESS
Mr. Napper stated this is the second and final reading of Ordi-
nance No. 412 which will go into effect February 27th. Council
and Planning Commission will begin receiving their Agenda Packets
on the Wednesday before each meeting by their first meeting in
March.
• MOTION: Councilmember Mullen moved Ordinance No. 412 be read by
title and number only. The motion was seconded by
Councilmember Luna and unanimously carried. (5-0)
Mr. Napper read Ordinance No. 412 by title and number only.
MOTION: Councilmember Mullen moved for the adoption of the sec-
ond and final reading of Ordinance No. 412. The motion
was seconded by Councilmember Baker and unanimously
carried. (5-0)
Councilmember Luna stated due to time constraints, he has not
been able to obtain information from potential advertisers, or
commitments of funding from any community groups at this time.
Councilmember Luna reported on conversations with trolley compa-
nies on costs for a pilot project, and said he should receive
detailed cost figures soon. He noted smaller trolleys can be
leased for as low as $2,000 per month. He requested funds be set
aside towards the program until he can present detailed informa-
tion; he would like to start with a four to six month pilot
program.
• Councilmember Wuriu stated the idea has good reception in the
community; however, the uncertainties of economics at this time
*amended 2-10-92 meeting by C. Luna to include statement by Steve
Wolter he will follow through expeditiously and provide Council
with a memo on results.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 27, 1992
PAGE 6
• have not made it easy to obtain specific pledges from community
groups.
Suedene Nelson, Chamber Manager, noted the committee needs to
give corporate advertisers the dollar figure for advertising so
they can work it into their budgets. She said the cooperation
from the community on the concept of a trolley has been terrific.
Councilmember Luna noted in discussing the program with PG&E,
they may be interested in sponsoring an electrical trolley. He
will return with more information in approximately one month; a
tram is also available for $800/month lease.
Mr. Napper noted Councilmember Baker requested this item be
scheduled to amend the supplemental water priorities list to
include the State Water Project in view of the passage of Measure
G mandating participation in the project. A resolution has been
prepared to include the State Water Project.
• MOTION: Councilmember Baker moved for the adoption of Resolu-
tion No. 12-92. The motion was seconded by Councilmem-
ber Wuriu.
Councilmember Mullen requested an additional "whereas" be added
to include the results of the November 1991 advisory Measure "F"
on the Nacimiento Water Project.
Councilmember Baker amended his motion to include Coun-
cilmember Mullen's request. The amendment was accepted
by Councilmember Wuriu and Resolution No. 12-92, as
amended, was adopted unanimously. (5-0)
MOTION: Councilmember Wuriu moved this item be referred to the
Planning Commission. The motion was seconded by Coun-
cilmember Mullen and unanimously carried. (5-0)
•
MINUTES - • .. • BAT CITT • 1
PAGE 7
• REVIEW OF •My • • MID -YEAR IMPROVEMENT Pi •
JECT
BUDGET AND PROJECTED ANNUAL REVENUE SHORTFALL FOR FY 1991-92
Ms. Burt stated at the last Council meeting, Council was pre-
sented with the City's financial position which revealed a pro-
jected revenue shortfall this year of $660,000 which is 8% of the
budget. This means the City must draw upon its Fund Balance
before the end of the Fiscal Year, and she does not believe rev-
enues will improve in next year's budget. Ms. Burt noted staff
submitted capital improvement requests of $4.9 million; the Bud-
get Team, along with staff, cut that figure to $648,767 to
address only those items necessary at this time. Ms. Burt
reviewed the items on Exhibit C. She also recommended Council
authorize the transfer of $50,000 from Waterline Replacement to
fund an update of the Water Management Plan.
Council asked various questions concerning the capital projects,
to which staff responded.
Mayor Sheetz opened the hearing for public comments.
Roger Ewing advised VIC unanimously voted to support the trolley
program proposed by Councilmember Luna. He suggested Council use
bed tax money to support it and look at alternative fuel sources;
• P.G.&E. would help. He also suggested contracting with the high
school for the students to do maintenance on the trolley.
Ed Ewing, 2400 Nutmeg, disagreed; he said Council should cut
everything to the bare bones because of the uncertain economical
situation. He said if money could be made on a trolley program,
private enterprise would be doing it. The benches on the harbor
can also wait for better economic times.
Jonni Eylar, Director of the Visitors and Conference Bureau
(VCB), encouraged Council to allocate the additional $6,100 the
VCB was denied during the FY 1990-91 Budget deliberations. She
noted the revenue benefits to the community by advertising and
stated VCB activities generally increase funds by increasing
tourism.
Charles Palmer, 485 Estero, addressed the City's need for a sewer
and water financing management and stated he would be glad to
work on it. He is willing to give his services to the City for
the remainder of the year.
Councilmember Luna stated the City should be run like a business;
when economies are down, the City should increase advertising to
increase tourism. Cities using trolleys have greater tourism.
. Councilmember Baker agreed businesses that continue to advertise
during a recession do better than those that do not advertise.
He is in favor of restoring the $6,100 to the VCB.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 27, 1992
• PAGE 8
Councilmember Mullen stated the City is in a scary situation; it
should not spend one more dime than it has to and postpone pur-
chasing anything not critical to the City. The City has to plan
for the worse in case things do not get better. Perhaps Council
should to look at increasing enterprise funds to make up the
deficits.
Councilmember Wuriu agreed the City should spend the bare minimum
to get by. Given the City's financial situation, it is not
responsible to spend money even though a good return is possible.
Mayor Sheetz stated Morro Bay is not the only city facing fiscal
problems; it is a nation-wide dilemma. She reminded Council the
reason the increase in transient occupancy tax was placed on the
ballot is because staff and Council knew there was going to be a
shortfall this year. She said the Council's first responsibility
is to the community; the trolley is a good idea but there is no
money to spend on it at this time. Mayor Sheetz said the capital
budget presented by staff is good. She asked if the maintenance
overlay budget includes overlay of Carmel Street? Mr. Nichols
said the usual process is for staff to present streets in need of
overlay to the Streets and Trees Committee, which in turn makes
recommendations to the City Council.
• MOTION: Councilmember Baker moved for approval of allocating
$6,100 to the VCB in order to increase advertising to
bring tourists to Morro Bay. The motion was seconded
by Councilmember Luna.
Councilmember Luna stated he understands the tight economical
times the City is going through; however, we just increased the
TOT tax 1% putting a greater burden on the hotels and motels in
the area. He strongly objects to putting a higher economical
burden on the motel industry; they deserve at least $6,100 of the
increase in TOT. He said he is in favor of this motion since it
does not look like the trolley will be financed at this time.
Councilmember Mullen commented the City is already supporting
tourism in the amount of $100,000 a year, including $25,000 to
the VCB. Councilmember Luna said the City owes it to the hotel/
motel industry since they are helping to bail the City out of its
economic situation. He noted bed tax revenue alone adds $1 mil-
lion a year to the budget.
Councilmember Wuriu said he would support the concept more if the
funds go for local promotion.
The motion failed with Councilmembers Mullen, Wuriu,
• and Mayor Sheetz voting no. (2-3)
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 27, 1992
PAGE 9
• There was discussion regarding the recommended capital improve-
ment expenditures with Councilmember Mullen preferring to review
the list item by item. The Department Heads offered explanations
as to the necessity of their capital requests. Council took the
following action on budgeted items:
Tape logger supplies - Council requested Chief Howell return with
additional information concerning the actual number of tapes used
and needed.
MOTION: Councilmember Baker moved for approval of allocating
$14,800 to replace a 1987 patrol car. The motion was
seconded by Councilmember Wuriu and carried with Coun-
cilmembers Luna and Mullen voting no. (3-2)
MOTION: Mayor Sheetz moved for approval of the items budgeted
for the Fire Department in the amount of $41,000. The
motion was seconded by Councilmember Baker and unani-
mously carried. (5-0)
• Engineering
MOTION: Mayor Sheetz moved for approval of $2,100 to replace a
computer in the Public Works Director's office. The
motion was seconded by Councilmember Baker and carried
with Councilmember Mullen voting no. (4-1)
VVIJVTOCMv
MOTION: Mayor Sheetz moved for approval of $38,367 for augment-
ing the Corporation Yard Underground Tank project. The
motion was seconded by Councilmember Wuriu and unani-
mously carried. (5-0)
Streets
MOTION: Mayor Sheetz moved for approval of $3,000 for the drain
inlet on Juniper Avenue. The motion was seconded by
Councilmember Wuriu and unanimously carried. (5-0)
Maintenance Overlay - Council requested a list of the streets in
need of overlay before making a decision to fund this $50,000
request.
Water
• MOTION: Mayor Sheetz moved for approval of $180,000 for the EIR
on the City's emergency desalination plant. The motion
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 27, 1992
• PAGE 10
was seconded by Councilmember Luna and unanimously
carried. (5-0)
MOTION: Mayor Sheetz moved Council re -allocate $50,000 from the
Waterline Replacement Project Account to fund the Water
Management Plan Revision Project. The motion was sec-
onded by Councilmember Wuriu and unanimously carried.
(5-0)
MOTION: Councilmember Baker moved for approval of $240,000 for
the Atascadero Road sewage interceptor. The motion was
seconded by Councilmember Wuriu and carried with Coun-
cilmember Mullen voting no. (4-1)
MOTION: Mayor Sheetz moved for approval of $20,000 for the T-
Pier's construction management. The motion was sec-
onded by Councilmember Luna and unanimously carried.
(5-0)
MOTION: Councilmember Baker moved for approval of $22,000 to
• replace the 4x4 vehicle in the Harbor Department. The
motion was seconded by Mayor Sheetz and failed with
Councilmembers Luna, Mullen and Wuriu voting no. (2-3)
MOTION: Councilmember Mullen moved the $12,000 expenditure for
ramp, railing, and benches repair be deferred to the
1992-93 annual budget review. The motion was seconded
by Councilmember Luna and unanimously carried. (5-0)
MOTION: Councilmember Mullen moved for approval of $17,000
towards the Harbor Entrance Project. The motion was
seconded by Councilmember Baker and unanimously
carried. (5-0)
MOTION: Councilmember Baker moved for approval of $5,000 to
paint the harbor patrol boat. The motion was seconded
by Councilmember Luna and carried with Councilmember
Mullen voting no. (4-1)
Councilmember Mullen noted there is now only $300,000 in the
City's reserves; last year at this time there was $1.5 million.
She is very concerned about this economical situation.
Council recessed from 8:21 p.m. to 8:32 p.m.
•
MINUTES - MORRO BAY CITY COUNCIL
PAGE 11
• •___T_•. NO. • AUTHORIZING _ OF RAN •.
FOR COMMUNITY DEVELOPMENT BLOCK GRANT PLANNING AND TECHNICAL
ASSISTANCE MONIES FOR RESEARCH ON LOCAL SEAFOOD PROCESSING
INDUSTRY
Mr. Algert stated the State Department of Housing and Community
Development offers a grant through the Community Development
Block Grant (CDBG) program for research and identification of
economic development projects. It is proposed the City apply for
one of these grants to help retain local seafood processors. He
noted the economic difficulties this industry is facing and his
hopes a grant could recommend potential projects to help sea food
processors.
Councilmember Mullen asked if Mr. Algert has discussed the grant
with seafood processors locally? Mr. Algert stated yes, with
Cordero-Winston and Central Coast Seafoods. Also, the Harbor
Advisory Board has reviewed the program and recommends approval.
Mayor Sheetz opened the hearing to the public for comments.
Ed Ewing was in favor of accessing the grant; hopefully, anything
helping the seafood processors will help the commercial
fishermen.
• MOTION: Councilmember Mullen moved for the adoption of Resolu-
tion No. 10-92. The motion was seconded by Councilmem-
ber Wuriu and unanimously carried. (5-0)
D-4 ESTABLISHMENT OF LIVEABOARD PERMIT FEES AND RESOLUTION NO.
11-92 AMENDING CITY MASTER FEE SCHEDULE
Mr. Algert reviewed the proposed fee schedule which sets the per-
mit application fee at $75 (down from $249); monthly service fee
of $20; transient permit fee of $2 per day or $50 per month; and
refundable $50 waiting list deposit fee.
Mayor Sheetz opened the hearing to the public for comments.
Robert Richard, vessel resident, said the $75 inspection fee is
fair, but questioned the $20 service fee. He asked if those liv-
ing on private moorings are subject to the fee? Mr. Algert
stated no, since the private mooring operators provide this ser-
vice for their liveaboards.
Roger Ewing said the ordinance is hard to read and has no regard
for the quality of life. He said the $20 fee is a user tax, but
the $75 application fee is reasonable.
• Ed Ewing said he agrees with the fees and with the liveaboard
ordinance. He said if you live in a home, you have to pay for
these services. The costs are not too high.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 27, 1992
PAGE 12
Neil Mattson said his situation is neither permanent nor tran-
sient; he lives here six months out of the year. He had his boat
inspected for $125 and believes $75 is too high for a governmen-
tal entity to charge.
Robert McDougal, 475 Bernardo, said he has lived in various har-
bors over the years and has never been charged an inspection fee.
Ultimately, most liveaboard ordinances are easy to comply with;
will find this true here.
Ed Ewing said the City's Harbor Patrol is easy to get along with;
he would rather see them enforcing the ordinance than the Coast
Guard. He noted the Coast Guard can legally board a boat at any
time, and there are no rights to living on a boat when it comes
to the Federal Government.
Councilmember Mullen asked if boat owners can have their vessel
inspected by a private company, and if so, is the application fee
reduced? Mr. Algert stated private inspections are permissible,
they must give the City a copy of the report. The City inspec-
tion fee still applies since the permit process is the major work
involved.
• Council discussed the fees and decided boats in City slips are
more apt to use City facilities, such as electricity and water,
than liveaboards on moorings. Council decided to cut the monthly
service fee for moorings to $10.
MOTION: Councilmember Mullen moved Resolution No. 11-93 be
amended to charge $20 monthly service fee for City
slips, and $10/month for City moorings. The motion was
seconded by Councilmember Wuriu and unanimously
carried. (5-0)
MOTION: Councilmember Baker moved for adoption of Resolution
No. 11-92 as amended. The motion was seconded by Coun-
cilmember Wuriu and unanimously carried. (5-0)
D-5 DISCUSSION OE FORMATION OF SOLID WASTE MANAGEMENT JOINT
POWERS AUTHORITYAND RESOLUTION NO, SUPPORTING
LISHMENT OF A COUNTYWIDE RECYCLING AND MARKET DEVELOPMENT
ZONE
Councilmember Mullen stepped down from consideration of this mat-
ter due to a conflict of interest.
Ron DeCarli, Executive Director of the San Luis Obispo Area Coor-
dinating Council (ACC), explained the ACC is seeking input from
• the cities in the County before drafting a Joint Powers Agreement
for Solid Waste Management. He referenced AB 939 requires 25%
reduction in the waste stream by 1995 and 50% reduction by the
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 27, 1992
• PAGE 13
year 2000, and the cities in the County joined with the County
for a joint effort to comply with this 'State mandate. Steve
Devencenzi, Senior Planner with the ACC, reviewed the details of
the program, and alternate organizational formats to manage the
task.
Roger Ewing, member of the City's Solid Waste Management Board,
said it is a good idea to consolidate the State's requirements
under one umbrella.
MOTION: Councilmember Baker moved Council endorse in concept
the organization of an Integrated Waste Management
authority. The motion was seconded by Councilmember
Wuriu.
Ed Ewing encouraged Council to review the JPA very carefully
before agreeing to it; there should be a way for the City to get
out of the program if necessary. Mr. Devencenzi responded the
cities will have the option of getting out of the contract.
Mr. Napper said in order to avoid a detailed analysis of a JPA
and its powers, perhaps the JPA could be drafted to list allowed
powers; those powers would not be used until and if all agencies
involved have approved of them.
• The motion carried with Councilmember Mullen abstaining
(4-0-1)
Mr. Devencenzi also reviewed the Integrated Waste Management
Authority proposal, and proposed Resolution in support of estab-
lishing a Recycling Market Development Zone which will provide
for State support of businesses that use and manufacture products
of recycled materials.
MOTION: Mayor Sheetz moved for the adoption of Resolution No.
13-92. The motion was seconded by Councilmember Luna
and carried with Councilmember Mullen abstaining.
(4-0-1)
Councilmember Mullen returned to her seat.
E. CLOSED SESSION
MOTION: Councilmember Baker moved the meeting be adjourned to
Closed Session. The motion was seconded by Councilmem-
ber Luna and unanimously carried. (5-0)
Mayor Sheetz stated Council is adjourning to Closed Session to
discuss labor relations in accordance with Government Code
• §54957.6(a).
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 27, 1992
PAGE 14
• The meeting adjourned to Closed Session at 9:45 p.m. and returned
to regular session at 10:00 p.m.
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 10:00 p.m.
Recorded by:
ARDITH DAVIS
City Clerk
•
•
-.i
•
•
914
u 15, 1 c?qa_ , 5pte,- aK.4 5",j k
• NOT = C E OF SPEC = AL MEET 31NG
NOTICE IS HEREBY GIVEN, pursuant to Morro Bay
Municipal Code Section 2.08.110, that a Special Meeting
of the Morro Bay City Council is hereby called to be
held on Wednesday, 15 January 1992 at 5:30 p.m. in the
City Hall Conference Room, 595 Harbor Street, Morro
Bay, CA.
At said Special Meeting, Council shall adjourn to
Closed Session in accordance with Government Code
§54956.9(c) for the purpose of discussing whether to
initiate litigation.
DATED: January 14, 1992
ROSE MARIE SHEETZ, Mayor
City of Morro Bay, California
0
•
•
MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - JANUARY 15, 1992
CITY HALL CONFERENCE ROOM - 5:30 P.M.
Mayor Sheetz called the meeting to order at 5:41 p.m.
PRESENT: Rose Marie Sheetz Mayor
John Baker Councilmember
Ben Luna Councilmember
Susan Mullen Councilmember
Tom Wuriu Councilmember
STAFF: Gary Napper
Judy Skousen
William Farrel
PUBLIC COMMENT
None.
E. CLOSED SESSION
City Administrator
City Attorney
Community Dev. Dir.
E-1 GOVERNMENT CODE G54956.9(C). INITIATE LITIGATION
MOTION: Councilmember Mullen moved the meeting be adjourned to
Closed Session. The motion was seconded by Councilmem-
ber Wuriu and unanimously carried. (5-0)
Mayor Sheetz read the Closed Session statement.
The meeting adjourned to Closed Session at 5:41 p.m. and returned
to regular session at 6:31 p.m.
F. ADJOURNMENT
MOTION: Councilmember Luna moved the meeting be adjourned. The
motion was seconded by Councilmember Wuriu and unani-
mously carried. (5-0)
The meeting adjourned at 6:31 p.m.
Recorded by:
GARY NAPPER
Deputy City
0
l3) Iqq.2
City Of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life
which we all enjoy. We are committed to this purpose and will provide a level of municipal
service consistent and responsive to our public and its needs.
CLOSED SESSION - JANUARY 13, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
595 HARBOR ST., MORRO BAY, CA
E-1 GOVERNMENT CODE SECTION 54956.9(A), LITIGATION, CAYUCOS SANITARY
DISTRICT V. CITY OF MORRO BAY, SUPERIOR COURT, CASE NO. 70420
REGULAR MEETING - JANUARY 13, 1992
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
douncil on City business matters (other than Public Hearings items under
ection D) may do so at this time. when recognized by the Mayor, please
come forward to the podium and state your name and address for the record.
Comments should normally be limited to three minutes.
DECLARATION OF FUTURE AGENDA ITEMS (CITY COUNCIL)
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 CLOSED SESSION AND REGULAR MEETING OF
NOVEMBER 25, 1991, THE CLOSED SESSION AND REGULAR MEETING OF DECEMBER
9, 1991, AND THE SPECIAL MEETING AND CLOSED SESSION OF JANUARY 7, 1992
A-2 STATUS REPORT ON EXISTING WATER SUPPLY
A-3 EXPENDITURE REPORT, NOVEMBER 1991
A-4 STATEMENT OF INVESTMENTS, NOVEMBER 1991
A-5 NOTICE OF COMPLETION ON PROJECT NO. PW 90-03, STREET MAINTENANCE
DISTRICT NO. 6 OVERLAY
A-6 RESOLUTION NO. 09-92 ESTABLISHING BASE YEAR FORMULA FOR PROPOSITION
• Ill APPROPRIATIONS LIMIT
Yt
7 RESOLUTION NO. 01-92 ESTABLISHING VILLE DE LA CIOTAT, FRANCE, AS MORRO
BAY'S "SISTER CITY", AND CREATION OF SISTER CITY ADVISORY COMMITTEE
A-8 RESOLUTION NO. 06-92 RECITING THE FACT OF THE SPECIAL MUNICIPAL ELEC-
TION HELD IN THE CITY OF MORRO BAY ON THE 17TH DAY OF DECEMBER 1991,
DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED
BY LAW
A-9 RESOLUTION OF INTENT CONCERNING FINANCING OF TEMPORARY EMERGENCY
DESALINATION PLANT PULLED
A-10 REPORT ON CODE REQUIREMENTS FOR ON -SITE INNKEEPERS AT LODGING
ESTABLISHMENTS
A-11 REPORT ON CODIFICATION OF MEASURE I FROM NOVEMBER 1990 ELECTION
(INITIATIVE REFORMING WATER ALLOCATION POLICIES)
B. UNFINISHED BUSINESS
B-1 REPORT ON CABLE TELEVISION ORDINANCE AND FRANCHISE COMPLIANCE OF SONIC
CABLE TELEVISION
C. NEW BUSINESS
C-1 REVIEW OF REQUEST FOR PROPOSALS FOR OPERATION OF MORRO BAY DIAL -A -RIDE
SYSTEM
0-2 CONSIDERATION OF FY 1991-92 MID -YEAR BUDGET STATUS
C-3 RESOLUTION NO. 07-92 APPROVING LICENSE AGREEMENT FOR USE OF ADJACENT
WATER TIDELANDS AREA AT LEASE SITE 71-77W (MORRO BAY MARINA, INC.)
C-4 REPORT OF PLAN OF ACTION AND ADDITIONAL STAFFING FOR WASTEWATER RECLA-
MATION PROJECT
C-5 COUNCILMEMBER REQUEST FOR POLICY DISCUSSION REGARDING CITY COUNCILMEM-
BERS MEETING WITH DEVELOPERS
D. PUBLIC HEARINGS, REPORTS & APPEARANCES
D-1 COUNCIL SUBCOMMITTEE REPORT AND ORDINANCE NO. 407 REGULATING LIVE -
ABOARD VESSELS IN MORRO BAY HARBOR (SECOND READING/ADOPTION)
D-2 PUBLIC HEARING AND RESOLUTION NO. 04-92 APPROVING THE 1991 ANNUAL
WATER REPORT, AND DETERMINATION OF 1992 WATER ALLOCATION PROGRAM AND
PROCEDURES (RESOLUTION NO. 05-92)
D-3 REQUEST FOR TRANSFER OF WATER EQUIVALENCY RIGHTS UNDER HARDSHIP PROVI-
SIONS FOR PROPERTY AT 3126 BEACHCOMBER (MUNICIPAL CODE §13.20.090;
FIRST VALLEY BANK, APPLICANT) RESOLUTION NO. 08-92
•
2
7 4 RESOLUTION NO. 02-92 ESTABLISHING PARKING RESTRICTIONS FROM 2AM-6AM ON
FRONT STREET PARKING LOT, AND RESOLUTION NO. 03-92 REGULATING USE OF
BOAT TRAILER STALLS IN TIDELANDS PARK LAUNCH RAMP PARKING LOT
(EMBARCADERO)
D-5 REPORT ON OPERATIONAL EXPENSES AND PROSPECTIVE PURCHASE OF DOWNTOWN
TROLLEY
D-6 ORDINANCE NO. 412 AMENDING CHAPTERS 2.08 AND 2.28 OF THE MORRO BAY
MUNICIPAL CODE PERTAINING TO THE PREPARATION AND RELEASE OF CITY
COUNCIL AND PLANNING COMMISSION AGENDAS (INTRODUCTION/FIRST READING)
D-7 STATUS REPORT AND POLICY DETERMINATION REGARDING CITY INFORMAL SPORTS
RECREATION PROGRAM
•
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
CLOSED SESSION - JANUARY 13, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
Mayor Sheetz called the meeting to order at 5:18 p.m.
PRESENT: Rose Marie Sheetz
Ben Luna
Susan Mullen
Tom Wuriu
ABSENT: John Baker
STAFF: Gary Napper
Judy Skousen
E. CLOSED SESSION
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
City Attorney
E-1 GOVERNMENT CODE 654956.9(A). LITIGATION. CAYUCOS SANITARY
DISTRICT V. CITY OF MORRO BAY, SUPERIOR COURT, CASE NO.
70420
MOTION: Councilmember Luna moved the meeting be adjourned to
Closed Session. The motion was seconded by Councilmem-
ber Mullen and unanimously carried. (4-0)
Mayor Sheetz read the Closed Session statement.
The meeting adjourned to Closed Session at 5:18 p.m. and returned
to regular session at 6:31 p.m.
F. ADJOURNMENT
MOTION: Councilmember Luna moved the meeting recess to the
Veterans Hall. The motion was seconded by Councilmem-
ber Wuriu and unanimously carried. (4-0)
The meeting adjourned at 5:44 p.m.
1I, n-'!1 t 7m�
, Nee
. /�'�j�
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 13, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Sheetz called the meeting to order at 6:00 p.m.
preylpffq3I
PRESENT: Rose Marie Sheetz
John Baker
Ben Luna
Susan Mullen
Tom Wuriu
ABSENT: None
STAFF: Gary Napper
Judy Skousen
Rick Algert
Louise Burt
Ardith Davis
William Farrel
Forrest Henderson
Dave Howell
Nick Nichols
Mike Upton
Steve Wolter
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
City Attorney
Harbor Director
Finance Director
City Clerk
Community Dev. Dir.
Asst. City Admin.
Police Chief
Public Works Dir.
Admin. Asst.
Rec. & Parks Dir.
Forrest Henderson gave the invocation, and Horace Strong led the
Pledge of Allegiance.
1. Mayor Sheetz recognized Vivian Doubledee as the new
Chamber of Commerce President and 1991 Citizen -of -the -Year
selected by the Morro Bay Chamber of Commerce.
2. Mayor Sheetz presented the Most Valuable Employee award
to Ardith Davis, City Clerk/Executive Secretary, for the fourth
quarter of 1991.
E77=T+F{�Z�l�Id��,l�ry�
1. Ed Biaggini asked for an explanation on Item A-10
regarding innkeepers on -site in motels. Mayor Sheetz stated she
will pull that item from the Consent Calendar for separate dis-
cussion. Mr. Biaggini also requested Council consider relieving
the emergency water restrictions to the level they were last
Spring.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 13, 1992
PAGE 2
• 2. Ann Freeman, 785 Cabrillo Place, commended Ardith Davis
on the Most Valuable Employee award; she has always found Ms.
Davis cooperative and pleasant.
3. Charles Palmer congratulated Ms. Doubledee and Ms.
Davis on their awards noting they were deserving recipients. Mr.
Palmer also stated Morro Bay wells have fully recovered from the
drought. He said if the penalties for water use over the minimum
are too high, it might encourage some motel owners to turn busi-
ness away.
4. Ron Fay, Pastor of the E1 Morro Church of the Nazarene,
apologized for being late to the meeting and missing the invoca-
tion. He also commended Ms. Davis on her award.
DECLARATION OF FUTURE AGENDA ITEMS
1. Councilmember Baker requested an item be scheduled on a
future agenda to add the State Water Project to the Resolution
adopted last year setting Morro Bay's water project priorities.
2. Councilmember Luna requested Morro Bay Garbage Service
be contacted with regard to the trash bin at the Tidelands Park
and the problem of birds scattering fish carcasses around the
area.
• 3. Councilmember Wuriu requested a future agenda item be
scheduled to discuss building regulations for remodeling. He
said the $100 minimum project cost before obtaining a permit is
too low.
A. CONSENT CALENDAR
A-1 CITY COUNCIL MINUTES OF THE CLOSED SESSION AND REGULAR MEET-
ING OF NOVEMBER 25, 1991, THE CLOSED SESSION AND REGULAR
MEETING OF DECEMBER 9 1991 AND THE SPECIAL• MEETING AND
CLOSED SESSION OF JANUARY 7. 1992
Mr. Napper recommended Council approve the minutes as submitted.
A-2 STATUS REPORT ON EXISTING WATER SUPPLY
Mr. Napper recommended Council receive the Report for file.
A-3 EXPENDITURE REPORT, NOVEMBER 1991
Mr. Napper recommended Council approve the Report as submitted.
A-4 STATEMENT OF INVESTMENTS. NOVEMBER 1991
• Mr. Napper recommended Council receive the Statement for file.
E
9
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 13, 1992
PAGE 3
A-5 NOTICE OF COMPLETION ON PROJECT NO PW 90-03 STREET MAINTE-
NANCE DISTRICT NO 6 OVERLAY
Mr. Napper recommended Council accept the project as complete and
authorize the City Clerk to sign and record the Notice of Comple-
tion; and, that Council authorize $518.82 from the Street Light
at Azure/Sandalwood account (#120-73-430-012) and $708.44 from
the Annual Street Striping Account (#120-730-530-021) to the pro-
ject to fund final costs.
A-6 RESOLUTION NO 09-92 ESTABLISHING BASE YEAR FORMULA FOR
PROPOSITION III APPROPRIATIONS LIMIT
Mr. Napper recommended Council adopt Resolution No. 09-92.
A-7 RESOLUTION NO 01-92 ESTABLISHING VILLE DE LA CIOTAT
FRANCS AS MORRO BAY'S "SISTER CITY" AND CREATION OF SISTER
CITY ADVISORY COMMITTEE
Mr. Napper recommended Council adopt Resolution No. 01-92.
•_ y _•Z• Uf. V; • rwwr
l.h_
• _ ! MiW4_:. _ d_� _ .i. • • • _ _ _ _ _
Mr. Napper recommended Council adopt Resolution No. 06-92.
A-9 RESOLUTION OF INTENT CONCERNING FINANCING OF TEMPORARY EMER-
GENCY DESALINATION PLANT PULLED
A-10 REPORT ON CODE REQUIREMENTS FOR ON -SITE INNKEEPERS AT LODG-
ING ESTABLISHMENTS
Mr. Napper recommended Council receive the report for file.
A-11 REPORT ON CODIFICATION OF MEASURE I FROM NOVEMBER 1990 ELEC-
TION (INITIATIVE REFORMING WATER ALLOCATION POLICIES)
Mr. Napper recommended Council receive the report for file.
Councilmember Baker requested Item A-7 be pulled for separate
discussion; Councilmember Luna requested Item A-8 be pulled; and
Mayor Sheetz requested Item A-10 be pulled.
MOTION: Councilmember Luna moved for approval of the Consent
Calendar except for Items A-7, A-8, and A-10. The
motion was seconded by Councilmember Mullen and unani-
mously carried. (5-0)
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 13, 1992
PAGE 4
• A-7 RESOLUTION NO 01-92 ESTABLISHING VILLE DE LA CIOTAT
FRANCS AS MORRO BAY'S "SISTER CITY" AND CREATION OF SISTER
CITY ADVISORY COMMITTEE
Councilmember Luna asked questions concerning the cost of running
this program. Mr. Napper stated there are no budget estimates at
this time. If the committee requires funding after it is estab-
lished, the item must return to Council for approval.
Councilmember Luna stated even if they do not require funding, he
is concerned about the city's economic shortfalls and the fact
City employees' pay may have to be cut. This program will also
impact staff time.
A-8 RESOLUTION NO 06-92 RECITING THE FACT OF THE SPECIAL• MUNIC-
IPAL ELECTION HELD IN THE CITY OF MORRO BAY ON THE 17TH DAY
OF DECEMBER 1991 DECLARING THE RESULTS THEREOF AND SUCH
OTHER MATTERS AS ARE PROVIDED BY LAW
Councilmember Baker stated an official letter requesting State
Water should be sent to the County upon adoption of this Resolu-
tion. Mr. Napper indicated one administrative letter has been
sent, but another can be written by the Mayor in view of the
official action taken this evening to confirm the election vote.
• A-10 REPORT ON CODE REQUIREMENTS FOR ON -SITE INNKEEPERS AT LODG-
ING ESTABLISHMENTS
Councilmember Baker thanked the Fire Chief for his research and
information regarding innkeepers on -site at motels.
MOTION: Councilmember Wuriu moved for the approval of Items
A-7, A-8, and A-10. The motion was seconded by Coun-
cilmember Baker and unanimously carried. (5-0)
B. UNFINISHED BUSINESS
Mr. Henderson outlined Sonic's non-compliance with the terms of
the Franchise Agreement. As of October 24th; Sonic reinstated
sufficient channels to come into technical compliance with the
cable ordinance.
Mayor Sheetz asked if Morro Bay citizens could subscribe to
another cable company if one was available? Mr. Henderson stated
yes, Sonic has a non-exclusive contract with the City; however,
no other cable companies have requested permission to operate in
Morro Bay.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 13, 1992
PAGE 5
• Councilmember Baker asked if a wireless cable service was offered
in Morro Bay, would people be able to subscribe to it? Mr.
Henderson stated yes; additionally, a wireless service is free
from franchise regulations.
Councilmember Mullen asked if, as a result of Sonic's action,
Morro Bay now has 12 channels for $21.95 monthly; 29 channels for
$23; and 22 channels for $30? Mr. Henderson said yes; he noted
the 22 channel rate is considered basic service and the City will
be able to regulate rates for these channels as far as increases
are concerned. Although there is no benefit at the moment, the
City now has rate control over 22 channels rather than 12.
MOTION: Councilmember Luna moved Council approve the staff
report finding Sonic Cable Television is now in techni-
cal compliance with the Morro Bay Municipal Code and
Franchise Agreement governing cable television. The
motion was seconded by Councilmember Baker and unani-
mously carried. (5-0)
� DL FUTMq M _
• Mr. Upton reviewed the proposed Scope of Work for Dial -a -Ride
Request for Proposals. He expects the RFP process to be com-
pleted by February and a recommendation to Council for a transit
contractor by the end of February/early March. Mr. Upton stated
the City's Ad -Hoc Transit Committee has reviewed the proposal and
recommends Council approval.
MOTION: Councilmember Baker moved Council approve in concept
the Scope of Work for the Request for Proposals to
operate the Morro Bay Dial -a -Ride System. The motion
was seconded by Councilmember Luna and unanimously
carried. (5-0)
Louise Burt reviewed the mid -year revenue picture stating in past
years Council has considered allocation of fund balances at this
time for capital projects. This report is for Council informa-
tion prior to consideration of capital projects at the next meet-
ing. There is a considerable difference this year in the City's
anticipated revenues; it is estimated there will be a revenue
shortfall of $660,000. Ms. Burt reviewed specifics on revenue,
expenditures, and fund balance.
Councilmember Baker asked if Council should even bother consider-
ing mid -year allocations if the revenue picture is so bleak? Mr.
Napper stated it is useful to go through the exercise; but if
MINUTES - MORRO BAY CITY COUNCIL
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PAGE 6
• there is no reduction in service levels, the City will be facing
a similar deficit in 1992-93. He said cities are being greatly
affected by federal, state, and county governments efforts to cut
their costs by shifting them to cities. Staff suggests setting
aside $660,000 in FY 1991-92 Budget to address the projected rev-
enue shortfall, and allocate only absolutely -essential capital
projects.
Councilmember Wuriu asked if the City is $660,000 in debt? Ms.
Burt stated no, the City is solvent; the shortfall means the City
must tap into savings [reserves] to pay bills. The City's income
is not keeping up with budgeted expenses. -
MOTION: Mayor Sheetz moved Council receive the Mid -Year Budget
status report and direct staff to proceed with the Mid -
Year Capital budget with this status report in mind.
The motion was seconded by Councilmember Baker and
unanimously carried. (5-0)
C-3 RESOLUTION NO 07-92 APPROVING LICENSE AGREEMENT FOR USE OF
ADJACENT WAFER TIDELANDS AREA AT LEASE SITE 71-77W (MORRO
BAY MARINA. INC.)
Mr. Algert stated during review of the project for this lease
site, which includes new dock improvements, it was discovered
• existing and replacement docks encroach beyond the lease lines in
the water. In order for the City to permit and benefit from this
additional use by the tenant, a license agreement has been pre-
pared which requires the leaseholder to pay for the encroachment
into public lands.
MOTION: Councilmember Wuriu moved for adoption of Resolution
No. 07-92. The motion was seconded by Councilmember
Baker and unanimously carried. (5-0)
C-4 REPORT OF PLAN OF ACTION AND ADDITIONAL STAFFING FOR WASTE-
WATER RECLAMATION PROJECT
Nick Nichols stated the City recently hired a contract project
engineer to conduct the Dr. Alexander pilot study and report on
the results. He reviewed the costs for this and stated there are
existing funds in the budget for water reclamation projects.
Today, staff has been working to install the equipment and will
begin program testing tomorrow.
Councilmember Luna asked if Dr. Alexander should be indemnifying
the City since the work is being conducted on City property? Mr.
Nichols stated there is nothing in writing with Dr. Alexander; he
is loaning the equipment to the City and City staff is conducting
the study. Ms. Skousen agreed if Dr. Alexander is not doing the
• work there is no need for indemnification.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 13, 1992
PAGE 7
• Councilmember Baker asked for an estimate on expenses. Mr.
Nichols stated a maximum of $13,000 for the professional engineer
and another $10,000 for potential laboratory expenses.
No action was taken; informational item only.
C-5
Councilmember Mullen stated she requested this item be agendized
to perhaps develop a Council policy for Councilmembers meeting
with developers. She believes it is premature to meet with
developers before they have gone through the normal processes and
the project is actually before Council for consideration. She
cited the recent meeting by individual Councilmembers with repre-
sentatives from Williams Brothers, and was concerned it could
lead to violations of the Brown Act. She suggested a sub -commit-
tee be formed to make recommendations for a more formal policy;
the message should be Council wants developers to go through the
normal process and then Council will look at the project in light
of previous advisory board actions.
Councilmember Wuriu maintained developers are people; anyone can
see him at any time to discuss various issues. He noted he met
with the McDonald's people prior to their presentation to Coun-
cil, and did not vote in favor of it. He said often times the
Council can point the developer in the right direction; they
still have to go through the process.
Councilmember Baker agreed, and does not believe meeting with
developers is a violation of the Brown Act.
Councilmember Luna agreed with Councilmember Mullen an ad -hoc
committee should be appointed to develop a detailed policy. He
said one of the reasons developers like to meet with Councilmem-
bers prior to going through the permit process is to assess Coun-
cil interest in the project before spending large sums of money
on the project. This idea needs further discussion.
Mayor Sheetz said it is the electorate's right to be able to talk
to elected officials; she said there is no difference between
individuals and developers, and it does not need to lead to com-
promising situations if handled properly.
MOTION: Mayor Sheetz moved the item be tabled. The motion was
seconded by Councilmember Wuriu and carried with Coun-
cilmembers Luna and Mullen voting no. (3-2)
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 13, 1992
PAGE 8
• D. PUBLIC HEARINGS REPORTS & APPEARANCES
LIVEABOARD VESSELS IN
Mr. Algert stated the City Council, at their meeting of October
28, 1991, postponed adoption of this ordinance for 60 days to
allow a sub -committee of Council and liveaboard representatives
to meet and work out an alternative short ordinance. Mr. Algert
stated three meetings were held and the sub -committee was unable
to develop a simplified ordinance acceptable to all parties. He
noted representatives of the Regional Water Quality Control Board
(RWQCB) were present at two of the meetings. The Council sub-
committee recommends Council adopt Ordinance No. 407 tonight
since it was previously approved for introduction/first reading
at the October 28th meeting.
Mayor Sheetz asked Bill Leonard, Regional Water Quality Control
Board Director, to express his opinion on the Morro Bay ordi-
nance. Mr. Leonard stated the Board agreed with the City Attor-
ney several years ago that Morro Bay's current harbor ordinance
is unenforceable. He said it is important to protect the City's
natural resources, and the RWQCB asked the City, four years ago,
to adopt an ordinance within 90 days to eliminate pollution in
• the Bay caused by liveaboards or the Board would do it for the
City. He believes it is better for the City to handle regulation
of the harbor themselves. Mr. Leonard stated it is time to adopt
the ordinance; after working with it for awhile, the City may
discover some rough edges and can deal with them at the time they
occur. He said the liveaboard community is not being singled out
for regulation; the Board has already taken action at several
lease sites with sewage discharge into the bay and chlorination
of the City's outfall. Regulating waste from liveaboards is just
part of an overall plan to clean-up the bay.
Mayor Sheetz opened the hearing to the public for comments.
Robert Richard, liveaboard resident, said the liveaboard repre-
sentatives at the sub -committee meetings did not represent all of
the liveaboard community. He requested Council defer approval of
this ordinance for 30 days to allow further input from live-
aboards; it is his opinion the Ordinance is flawed.
John Greenville stated he represented the commercial fishermen on
the sub -committee. He said there were so many divisive points of
view being represented it was impossible to arrive at a simpli-
fied ordinance. He suggested Council approve the ordinance as it
is written with a 12 month trial period. This period could be
used to receive input from people on how it affects them.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 13, 1992
PAGE 9
• Lee Mattson, liveaboard resident, stated he has fought against
this ordinance since he first heard about it; he does not believe
it is fair. He said the current ordinance can be enforced.
Sandy Winston, fish processor on the Embarcadero, said the ordi-
nance is not in the best interests of the commercial fishing
industry in Morro Bay; he believes it will hurt the commercial
fishermen.
Mike Allen, liveaboard resident, stated he has a problem with the
fees; the City will eliminate 20% of the liveaboards through
fees. He said this issue has gone on long enough, and the envi-
ronmental problems in the bay need to be corrected.
Bruce Risley, 540 Piney Way, agreed with Mr. Richard's request
for a 30-day postponement on adoption of the ordinance. He said
the liveaboards and commercial fishermen create a worthwhile
atmosphere for Morro Bay. He said a liveaboard representative
should be on the Harbor Advisory Board.
Nelson Sullivan said if the ordinance is intended to clean up the
bay, it is flawed. The ordinance only applies to the City por-
tion of the bay. He asked why the RWQCB does not enforce pollu-
tion violations by liveaboards in the County and State portions
of the bay? He objects to the City being able to board a vessel
• at any time for inspection purposes. Mr. Sullivan said if a
transit vessel stays four nights in a row in Morro Bay, he is in
violation of the ordinance.
Ucre Mattson, liveaboard resident, said the ordinance should not
be adopted; it is illegal. The City needs facilities to take
care of the waste before an ordinance of this type is imposed on
liveaboards.
Mayor Sheetz closed the hearing to the public.
Mr. Algert stated there is a pump -out facility at the North T-
Pier which has been out of service, but will be back in service
next week. Also, the Beacon Fuel Dock has facilities; he noted
there is little or no use of these facilities. There will be a
pump -out station at the South T-Pier under the new construction.
Mayor Sheetz asked Mr. Algert to address the concern liveaboards
have about the City boarding their boats for inspection. Mr.
Algert stated the process requires boat owners to be inspected
for sanitation facilities by the Harbor Patrol before they are
issued a permit. The vessel must make its way to the Harbor
Patrol dock under its own power at a specified time; thus, the
liveaboard applicant is aware of when the boat will be boarded.
The Ordinance allows the inspection to be performed by a quali-
fied marine surveyor paid by the vessel owner if they prefer the
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 13, 1992
PAGE 10
• Harbor Patrol not come aboard; the City requires a report from
the marine surveyor.
Councilmember Mullen asked Mr. Leonard why Monterey is able to
get by with a one page ordinance; how does the RWQCB apply their
regulations to this area? Mr. Leonard stated the regulations are
applied where there is need; Morro Bay has a high bacterial count
problem in the bay.
Councilmember Mullen stated the biggest problem in the bay is the
natural run-off from agriculture lands as opposed to the live-
aboards. She asked if the RWQCB has ever cited liveaboards? Mr.
Leonard stated they have received numerous complaints; however,
enforcement responsibility lies with the City and the proposed
ordinance will allow enforcement to take place.
Councilmember Mullen asked what gives the RWQCB the authority to
take enforcement action against the City if the City does not
pass an ordinance? Mr. Leonard cited sections of the California
Water Code are very clear regarding their authority.
Councilmember Wuriu asked Mr. Leonard if he is aware of any Har-
bors and Navigation Code violations by the proposed ordinance?
Mr. Leonard stated he is not familiar with that Code. Ms.
Skousen stated she has reviewed the ordinance and in her opinion
• it is completely legal and complies with RWQCB regulations. She
noted the RWQCB will send this ordinance to their legal counsel
for review after adoption by the Council.
Councilmember Luna referred to page 4, §7, and asked what it
means? Mr. Algert stated the section is to prevent people from
trying to transfer their mooring space to someone else and
thereby make a profit on City property. Ms. Skousen stated
although it is a complex sentence for the lay person to under-
stand, it is written in this manner to cover any loophole which
would allow transfer of a mooring space. If it was simply
stated, there would be too many questions and ways for people to
get around the provision. The current language leaves no ques-
tion as to the law.
Councilmember Luna referred to a RWQCB study regarding bacteria
in the bay and the descriptive details concerning pollution at
the State Park Marina as opposed to unexplicit evidence regarding
liveaboards. He believes the RWQCB should look at the whole pic-
ture of the bay and address the priority items first. Mr.
Leonard explained the Board is dealing with problems one at a
time; their goal is to clean-up the entire bay. He noted there
are less boats at the State Park Marina than there are in Morro
Bay Harbor; and, they are also looking at possible seepage from
septic tanks at the south end of Los Osos. He stated the Board
• has already dealt with lift stations on the Embarcadero and
sewage from the Morro Bay Aquarium.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 13, 1992
PAGE 11
Councilmember Luna stated there is a need for an enforceable
liveaboard ordinance in Morro Bay, but he does not believe it is
this one. He said liveaboards are not responsible for the pollu-
tion of the bay; there are other more significant sources. This
is another piece of paper to satisfy another bureaucracy; 3-5
years from now, there will still be a pollution problem in the
bay.
Councilmember Baker stated he is in favor of a minimum of laws;
however, he also prefers to keep them on a local level so they
can be discussed and changed if necessary. He worked on the
ordinance sub -committee where several proposals were offered, but
no agreement on any specific type could be reached. The RWQCB
has already said the proposed ordinance meets with their
approval; and, if Morro Bay does not pass an ordinance, they will
intercede and adopt one for us and assume regulation. Coun-
cilmember Baker said the City has given the liveaboard community
ample opportunity to develop an alternative ordinance and they
have not come up with an improvement. He said he will vote in
favor of the ordinance with the knowledge that the ordinance is
not cast in concrete and can be changed. He asked what effect
Council action to implement a 12-month pilot program of enforcing
the ordinance would have on its adoption this evening? Ms.
• Skousen stated if Council amends the ordinance this evening, it
must be re -opened for public hearing and first reading with the
second reading at the next Council meeting. She suggested Coun-
cil adopt the ordinance and direct staff to return with a report
by a specific time.
MOTION: Councilmember Baker moved Ordinance No. 407 be read by
title and number only. The motion was seconded by
Mayor Sheetz and failed with Councilmembers Luna and
Mullen voting no. (3-2)
Mr. Napper noted the ordinance must be read in its entirety hav-
ing failed to receive the required unanimous vote to allow read-
ing by title and number only. Councilmember Mullen stated she is
willing to change her vote if Councilmember Luna can continue
with his questions before a vote is taken to read by title only.
Councilmember Luna asked if current liveaboards will be given
priority or grandfathered into the ordinance, or will they have
to compete with others? Mr. Algert stated the process in the
ordinance initially allows up to 60 liveaboards on the bay; he
does not believe there are currently more than 45 liveaboards.
He does not foresee arriving at the "cap" allowed by the ordi-
nance. If there are more liveaboards than estimated, the ordi-
nance provides priority for longevity and use of the existing
waiting list.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 13, 1992
PAGE 12
• Councilmember Wuriu asked why the current liveaboards could not
be grandfathered into their current sites? Ms. Skousen stated
none of liveaboards currently have a liveaboard permit; the City
cannot grandfather rights people do not have.
Mayor Sheetz called for a re -vote on the motion to read
Ordinance No. 407 by title and number only:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
Mr. Napper read Ordinance No. 407 by title and number only.
MOTION: Councilmember Baker moved for the adoption of the sec-
ond and final reading of Ordinance No. 407. The motion
was seconded by Mayor Sheetz.
Councilmember Wuriu stated after studying this matter for a long
time, he has some misgivings about the ordinance; however, he
believes it is necessary to have something to work with. He will
vote in favor of adoption of the ordinance with the proviso it
return to Council for evaluation in 12 months.
Councilmember Mullen stated the City should be focusing on pollu-
tion in the bay; she does not believe the ordinance deals with
• the real issues in the bay. The ordinance singles out live-
aboards and the City has been intimidated by the State Lands Com-
mission and the RWQCB. She said Council should take more time to
study the ordinance.
Councilmember Wuriu commented if he thought 30 days would make a
difference, he would vote in favor of the extension. However, he
believes there are some people who do not want any kind of
ordinance.
Mayor Sheetz agreed and stated she does not believe these people
represent the majority of the liveaboards. She stated she is not
intimidated by anyone; Council was elected to perform its duties
and it is up to the City to regulate the bay.
The motion carried with Councilmembers Luna and Mullen
voting no. (3-2)
MOTION: Councilmember Baker moved staff be directed to schedule
the ordinance for review in 12 months. The motion was
seconded by Councilmember Wuriu and carried with Coun-
cilmember Mullen voting no. (4-1)
Council recessed form 8:15 p.m. to 8:25 p.m.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 13, 1992
PAGE 13
• D-2 PUBLIC HEARING AND RESOLUTION NO 04-92 APPROVING THE 1991
ANNUAL WATER REPORT AND DETERMINATION OF 1992 WATER ALLOCA-
TION PROGRAM AND PROCEDURES (RESOLUTION NO 05-92)
Mr. Farrel reviewed the Planning Commission's and Water Advisory
Board's recommendations for changes in the Annual Water Report.
Those changes are to set 70 dwelling units under Measure F, 50
single family dwellings, and 20 multi -family units; eliminate
mandatory retrofit at this time, but encourage voluntary
retrofit. Staff cautions against allocating any new water allo-
cations under a voluntary retrofit program until supplemental
water supplies are available. Mr. Farrel stated there are also
some changes to the Operating Procedures detailed in Resolution
No. 05-92.
Mayor Sheetz opened the hearing to the public for comments; there
were no comments and the hearing was closed.
Councilmember Mullen noted the Water Advisory Board's recommenda-
tion to continue water conservation education and stated the City
has no staff performing water conservation efforts at this time;
is this true? Mr. Mapper concurred.
Councilmember Wuriu stated if the water emergency ends, he would
like to establish perimeters wherein some building could be con-
tinued. Mayor Sheetz stated setting the Measure F limits now
gives Council the authority to allocate water if and when it is
available.
Councilmember Mullen asked if Measure F states any new sources of
water require a vote by the people? Mr. Farrel stated any change
in the building limits of Measure F must be submitted to the
electorate.
MOTION: Councilmember Wuriu moved for the adoption of Resolu-
tions No. 04-92 and 05-92. The motion was seconded by
Councilmember Luna and unanimously carried. (5-0)
Mr. Farrel stated the request to transfer water equivalencies
comes from First Valley Bank, new owner of the property as the
result of foreclosure. Staff considers this a hardship under the
terms of the ordinance and recommends Council approval. He noted
the Planning Commission has reviewed this item and recommends
approval also.
• Mayor Sheetz opened the hearing for comments; there were no com-
ments and the hearing was closed.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 13, 1992
PAGE 14
MOTION: Councilmember Mullen moved for the adoption of Resolu-
tion No. 08-92. The motion was seconded by Councilmem-
ber Luna and unanimously carried. (5-0)
Mr. Algert reviewed Resolutions No. 02-92 to prohibit parking at
the Front Street parking lot from 2AM through 6AM; and, Resolu-
tion No. 03-92 allowing parking for boat trailers or vehicles
attached to boat trailers only at the Tidelands Park boat launch
ramp double stalls. He noted the problems with people camping
overnight at these sites, and complaints from upland property
owners; these regulations can help enforcement to mitigate these
problems.
Mayor Sheetz opened the hearing to the public for comments.
Ed Biaggini, president of the Motel and Restaurant Association,
stated the prohibitions are a good idea; tourists have enjoyed
free camping at these sites year-round. He asked if the regula-
tion applies to a motorhome with a boat trailer? Mr. Algert
• stated the resolutions do not address motorhomes with boat
trailers.
Norma Vaughn suggested the City install a motorhome dump station
at the Tidelands Park restroom. She has seen motorhomes pull up
to the launch ramp and dump their holding tanks into the bay
since the State has raised their dump fees in their Parks to $5.
MOTION: Councilmember Luna moved for the adoption of Resolu-
tions No. 02-92 and 03-92. The motion was seconded by
Councilmember Mullen and unanimously carried. (5-0)
D-5 REPORT ON OPERATIONAL EXPENSES AND PROSPECTIVE PURCHASE OF
DOWNTOWN TROLLEY
Mr. Upton reviewed his staff report which investigated the costs
of purchasing a trolley and/or leasing one, days and times of
operation, and possible routes. He noted the costs do not
include a back-up vehicle.
Jim Olsen, representing the Ad -Hoc Transit Committee, stated the
Committee met and recommends approval of the concept, but to
delay action on implementation; and, that a sub -committee be
appointed to review the issue periodically.
• Councilmember Luna discussed the possibility of obtaining grants
in the form of downtown revitalization. He noted the company
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 13, 1992
PAGE 15
• that leases trolleys to the Harbor Festival sells used trolleys.
He disagreed with the proposal to form a business improvement
district to fund the trolley; businesses are already supporting
the community in the form of increased transient occupancy taxes.
He would like some percentage of the tax increase returned to
them. Councilmember Luna suggested Council at least approve a
pilot program.
Councilmember Baker commented the grant opportunities refer to
private business and not cities; he asked if cities can access
these grants? Mr. Upton stated they are designed for private
groups; however, most require the endorsement of their respective
cities.
Mayor Sheetz opened the hearing to the public for comments.
Ed Biaggini encouraged Council to be careful as to the style of
trolley they obtain; it needs to be attractive. He reminded
Council during a recent survey most people favored the idea of a
trolley. He noted the $42,000 to be realized from the rate
increase in transient occupancy tax is not enough to support a
trolley; he suggested Council begin setting funds aside for a
trolley in the future.
Suedene Nelson said the Chamber of Commerce is in favor of the
• concept; however, funding is a concern. They favor setting funds
aside for future purchase of a trolley.
Mayor Sheetz closed the hearing to the public.
Councilmember Mullen asked if a summer pilot project would cost
approximately $40,000? Mr. Upton stated yes. Councilmember
Mullen said she would like to see the trolley project on the cap-
ital improvement budget Council will be considering at the next
meeting. She suggested a 50/50 match between the City and the
business community.
Mayor Sheetz suggested an ad -hoc committee be formed to determine
the level of support from the community. She appointed Suedene
Nelson as chair to meet with various community boards and return
at the next meeting with information as to their interest. Coun-
cilmembers Luna and Wuriu will work with her on a report for the
next meeting.
Mr. Napper reviewed the proposed ordinance prepared at Council
• request to require Council agenda packets be made available the
Wednesday before a Monday night meeting.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 13, 1992
PAGE 16
Mayor Sheetz opened the hearing to the public for comments.
James Carpenter commented on the final agenda being published in
the newspaper; something always comes up after the agenda is pub-
lished and the public is not aware of it.
Bruce Risley encouraged Council to adopt the ordinance. He also
requested Council direct the agenda packets in the Library remain
there for a period of time so the public can review them after
Council meetings.
Ed McCracken suggested the Planning Commission agenda be pub-
lished in the newspaper.
Mayor Sheetz closed the hearing to the public.
Councilmembers discussed leaving the agenda packets in the
library to establish a limited archive for people to be able to
use for research. Mr. Napper noted City Hall always has copies
of past agenda packets available for public review.
MOTION: Councilmember Baker moved the agenda packets be left in
the Morro Bay Library solely for their archives. The
motion was seconded by Councilmember Wuriu and unani-
mously carried. (5-0)
MOTION: Councilmember Mullen moved Ordinance No. 412 be read by
title and number only. The motion was seconded by
Councilmember Luna and unanimously carried. (5-0)
Mr. Napper read Ordinance No. 412 by title and number only.
MOTION: Councilmember Mullen moved for approval of introduction
and first reading of Ordinance No. 412. The motion was
seconded by Councilmember Wuriu and unanimously
carried. (5-0)
Mr. Wolter reviewed the informal sports program, $8,000 quarterly
City subsidy of the program, and efforts to make it financially
self-sustaining. He noted lap swim and water aerobics still do
not support themselves; however, the open gym basketball program
has recently been able to recoup its direct operating costs. He
recommended Council terminate the year-round AM lap swim and
water aerobics programs, but continue the open gym basketball
program.
• Mayor Sheetz noted Council recently received a letter from Susan
Wilson of the lap swim program with a suggestion of holding a
\J
•
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 13, 1992
PAGE 17
carnival for a fund raiser. She asked if this is feasible? Mr.
Wolter stated it is feasible but stated if a fund raiser involves
City resources, time, and facility use, it will not necessarily
create sufficient revenue to cover the event costs and raise rev-
enue to subsidize the lap swim program. He suggested the lap
swimmers could go directly to the School District as a non-
profit group; they will avoid the overheads costs incurred when
working through the City's Recreation Department.
Councilmember Luna stated the swimmers are more than willing to
get involved in fundraisers, and he stated he is also willing to
help.
Mayor Sheetz opened the hearing to the public for comments.
Charles Murrieta stated he is a lifeguard at the pool and is in
favor of keeping the aquatics program available for fitness and
well-being.
Susan Wilson submitted letters from swimmers not able to be at
the meeting this evening. She detailed the volunteer efforts of
the regular swimmers noting they have also offered to provide
clerical services to the Recreation Department, printed flyers
advertising the program, and volunteered at the Harbor Festival.
She said the swimming program should be carried on for the resi-
dents of Morro Bay.
Harvey Mennick said he has been using the pool for ten years, and
discussed the physical benefits of lap swimming. He said there
is a growing need for recreation and the City needs a viable,
strong Recreation Department. He said the Department program
focuses too much on what can be provided for the tourist.
Norma Vaughn, lap swimmer, discussed the Swim Club's use of the
pool for which the City charges $60. She said the instructors
often pay for it themselves because some children cannot afford
the cost. She realizes the lap swimmers can swim at Cuesta pool,
but it is not our community pool. The swimmers live here and
want to keep the local pool open. She asked why the availability
of a scholarship program for youths who cannot afford recreation
fees is not advertised in the brochure?
Laurie French said she has used the Morro Bay pool since 1985.
She asked what a recreation department is for if not to provide
recreation for the residents?
Mac Freeman said the lap swim program has not been given a fair
chance to succeed. He encouraged Council to provide recreation
for the citizens in the area. He questioned the policy of charg-
ing overhead fees at 30%.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 13, 1992
PAGE 18
• Carol Lutz, 846 Marina, reviewed the successes at the pool since
the lap swim people have been involved. She asked if the swim-
mers could have earlier access to attendance figures so they know
when attendance is going down and can do something at that time.
Mayor Sheetz closed the hearing to the public.
Councilmember Luna asked about the scholarship information on
brochures? Mr. Wolter stated it is a good idea and will see that
it is on future brochures. He noted there are flyers available
in the Community Center outlining the program.
Councilmember Luna asked about the availability of attendance
figures as requested by Ms. Lutz? Mr. Wolter explained the
logistics of trying to get the figures ahead of time; the lap
swim staff typically do their accounting at the end of the month.
Mayor Sheetz asked why the program expenditures vary from month
to month? Mr. Wolter stated it depends on how many days are in
the month, whether the pool is closed for some reason, step
increases in salaries, etc.
Councilmember Mullen is not in favor of cancelling the program;
the amount to subsidize the lap swimmers is small compared to the
overall City budget. She suggested a non-profit organization be
• established. She recommended the program continue for at least
another six months.
Mayor Sheetz noted the therapeutic benefits of the program, and
said it is difficult to balance the amount of money it will cost
to establish a trolley against the small amount to support this
community program.
Councilmember Wuriu said he would like to take Ms. Wilson up on
her idea for a fund raiser, with a minimum of support from staff.
He believes the program has a chance of surviving because the
people involved are so determined to keep it going.
MOTION: Councilmember Mullen moved the subsidy of the informal
sports swim program be addressed at the mid -year budget
review; and, the program continue to be subsidized for
six months. The motion was seconded by Councilmember
Wuriu.
Councilmember Baker noted City policy to make programs support
themselves financially. He suggested perhaps the public would be
willing to subsidize Recreation Department programs through a tax
measure on the next ballot.
The motion carried unanimously. (5-0)
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 13, 1992
PAGE 19
• F. ADJOURNMENT
MOTION: Councilmember Luna moved the meeting be adjourned. The
motion was seconded by Councilmember Wuriu and unani-
mously carried. (5-0)
The meeting adjourned at 10:12 p.m.
Recorded by:
ARDITH DAVIS
City Clerk
•
•
C�yiuc�ri� 7, � 99-� -
• NOT = C E O F S P EC = AL MEET = NG
NOTICE IS HEREBY GIVEN, pursuant to Morro Bay
Municipal Code Section 2.08.110, that a Special Meeting
of the Morro Bay City Council is hereby called to be
held on Tuesday, 07 January 1992 at 7:00 p.m. in the
City Hall Conference Room, 595 Harbor Street, Morro
Bay, CA.
At said Special Meeting Council shall adjourn to
Closed Session for the purpose of discussing potential
litigation in accordance with Government Code
§54956.9(b)(1).
At the conclusion of the Closed Session, Council
• will return to open session for the following item:
Consideration of City Request for Continuance of
Coastal Commission Hearing on 14 January 1992 on
Findings for Denial of Williams Brothers Markets'
Vesting Tentative Map Due to the Potential Adverse
Affects of Certain Findings Upon Morro Bay.
DATED: January 3, 1992
•
ROSE MARIE SHEETZ,—iMay3
City of Morro Bay, Cali
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 - JANUARY 7, 1991
CITY HALL CONFERENCE ROOM - 7:00 P.M.
595 HARBOR ST., MORRO BAY, CA
E. CLOSED SESSION
E-1 GOVERNMENT CODE SECTION §54956.9(B)(1), POTENTIAL LITIGATION
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearings items under
Section D) may do so at this time. When recognized by the Mayor, please
come forward to the podium and state your name and address for the record.
Comments should normally be limited to three minutes.
-1 CONSIDERATION OF CITY REQUEST FOR CONTINUANCE OF COASTAL COMMISSION
HEARING ON 14 JANUARY 1992 ON FINDINGS FOR DENIAL OF WILLIAMS BROTHERS
MARKETS' VESTING TENTATIVE MAP DUE TO THE POTENTIAL ADVERSE AFFECTS OF
CERTAIN FINDINGS UPON MORRO BAY
s • _l:.lv
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
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 - JANUARY 7, 1991
CITY HALL CONFERENCE ROOM - 7:00 P.M.
595 HARBOR ST., MORRO BAY, CA
E. CLOSED SESSION
E-1 GOVERNMENT CODE SECTION §54956.9(B)(1), POTENTIAL LITIGATION
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearings items tinder
Section D) may do so at this time. When recognized by the Mayor, please
come forward to the podium* and state your name and address for the record.
Comments should normally be limited to three minutes.
C. US EI�Ss e4j%t(Ua
1 CONSIDERATIO CITY REQUEST FOR CONTI COASTAL COMMISSION
HEARING ON 14 J 992 O FOR DENIAL OF WILLIAMS BROTHERS
MARKETS' VESTING TE DUE TO THE POTENTIAL ADVERSE AFFECTS OF
CERTAIN FIN1lSNE5 PON MORRO BAY
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.
0
0
•
MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - JANUARY 7, 1992
CITY HALL CONFERENCE ROOM - 7:00 P.M.
Mayor Sheetz called the meeting to order at 7:01 p.m.
PRESENT: Rose Marie Sheetz
Mayor
John Baker
Councilmember
Ben Luna
Councilmember
Susan Mullen
Councilmember
Tom Wuriu
Councilmember
STAFF: Gary Napper
Judy Skousen
City Administrator
City Attorney
Mayor Sheetz announced Item C-1 on the agenda has been pulled and
will not be discussed by Council this evening.
E. CLOSED SESSION
E-1 GOVERNMENT CODE 454956 9(B)(11 POTENTIAL LITIGATION
E-2 GOVERNMENT CODE 454956 9(A)LITIGATION, CAYUCOS SANITARY
DISTRICT VS CITY OF MORRO BAY, SAN LUIS OBISPO SUPERIOR
COURT, CASE NO, 70420,
MOTION: Councilmember Baker moved the meeting be adjourned to
Closed Session. The motion was seconded by Councilmem-
ber Wuriu and unanimously carried. (570)
Councilmember Mullen noted her concern the public attending the
meeting this evening has been yanked around on this issue.
Mayor Sheetz announced Council will not re -open Open Session
after adjourning from Closed Session.
Mayor Sheetz read the Closed Session statement.
The meeting adjourned to Closed Session at 7:02 p.m.
F. ADJOURNMENT
MOTION: Mayor Sheetz moved the meeting be adjourned. The
motion was seconded by Councilmember Wuriu and unani-
mously carried. (5-0)
MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - JANUARY 7, 1992
PAGE 2
C. NEW BUSINESS
OF
f POTENTIAL
- - • �• '•� v•SS•
adjournedThe meeting .
ftecorded .�i.0h
GARY NAPPER
Deputy City
•
E
0 7 % �l4 a2 — �� l �/�ir,GpZ�yrA' �i iilyctur�
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 - JANUARY 7, 1992
CITY HALL CONFERENCE ROOM - 5:30 P.M.
595 HARBOR STREET,-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 D) may do so at this time: When recognized by the
Mayor, please come forward to the podium and state your name and
address for the record. Comments should normally be limited to three
minutes.
• D. PUBLIC HEARINGS REPORTS & APPEARANCES
D-1 INTERVIEW CANDIDATES FOR APPOINTMENT TO VARIOUS ADVISORY BOARD
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
n
U
• MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - JANUARY 7, 1992
CITY HALL CONFERENCE ROOM - 5:30 P.M.
Mayor Sheetz called the meeting to order at 5:30 p.m.
PRESENT: Rose Marie Sheetz Mayor
John Baker Councilmember
Ben Luna Councilmember
Tom Wuriu Councilmember
ABSENT: Susan Mullen Councilmember
STAFF: Gary Napper City Administrator
PUBLIC COMMENT
None
D. PUBLIC HEARINGS, REPORTS & APPEARANCES
ADVIS• ; -
BOARDS I
COUNCI_4 4 : . 4ULLEN :. ...P.M.
Councilmembers interviewed Sandra Young, applicant for re-
appointment to the Recreation and Parks Commission.
Meredith Bates, one applicant with three vacancies on the Solid
Waste Management Board, was unable to be present for the
interview but strongly desires to be appointed to the Board.
MOTION: Councilmember Luna moved Meredith Bates be appointed to
the Solid Waste Management Board for the term ending
1995. The motion was seconded by Councilmember Baker
and unanimously carried. (5-0)
Mary Jane Puett, applicant for re -appointment to the Recreation
and Parks Commission, was not present for an interview.
MOTION: Councilmember Baker moved Sandra Young and Mary Jane
Puett be re -appointed to the Recreation and Parks Com-
mission for four-year terms ending 31 December 1995.
The motion was seconded by Councilmember Luna and unan-
imously carried. (5-0)
Councilmembers also interviewed Robert McDougle, Ann Freeman, and
• John Lemons for the Water Advisory Board; and Bill Olson and Lisa
Gonzales for the Cable TV Board.
•
VA*
I-*
MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - JANUARY 7, 1992
PAGE 2
MOTION: Councilmember Luna moved Bill Olson and Lisa Gonzales
be appointed to full terms ending 31 December 1995 on
the Cable TV Board. The motion was seconded by Coun-
cilmember Wuriu and unanimously carried. (5-0)
MOTION: Councilmember Luna moved Ann Freeman be re -appointed to
the Water Advisory Board for a term ending 31 December
1994. The motion was seconded by Councilmember Mullen
and unanimously carried. (5-0)
MOTION: Councilmember Wuriu moved John Lemons be appointed to
the Water Advisory Board for a term ending 31 December
1994. The motion was seconded by Councilmember Baker
and carried with Councilmembers Luna and Mullen voting
no. (3-2)
MOTION: Mayor Sheetz moved Robert McDougle be appointed to a
vacancy on the Solid Waste Management Board, term end-
ing 31 December 1995. The motion was seconded by Coun-
cilmember Baker and carried with Councilmember Mullen
voting no. (4-1)
F. ADJOURNMENT
MOTION: Councilmember Baker moved the meeting be adjourned.
The motion was seconded by Councilmember Luna and unan-
imously carried. (5-0)
The meeting adjourned at 6:58 p.m.
Recorded by
GARY NAPPERL�
Deputy City C