HomeMy WebLinkAboutJuly to December (2)E
0
al I Imy
WNOT = C E OF S P E C= AL MEET = NG
NOTICE IS HEREBY GIVEN that a Special Meeting of the
Morro Bay City Council is hereby called to be held Tuesday,
December 29, 1992 at 6:00 p.m. in the Morro Bay City Hall
Conference Room, 595 Harbor Street, Morro Bay, California
for the purpose of interviewing applicants for various City
advisory boards.
DATED: December 22, 1992
City of Morro �Bay,7Ca1\ifornia
W
•
•
City Of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life
which we all enjoy. We are committed to this purpose and will provide a level of municipal
service consistent and responsive to our public and its needs.
SPECIAL MEETING - DECEMBER 29, 1992
CITY HALL CONFERENCE ROOM - 6:00 P.M.
595 HARBOR ST., MORRO BAY, CA
ROLL CALL
PUBLIC COMMENT PERIOD - Members of the audience wishing to
address the Council on City business matters (other than Public
Hearing items under Section 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
BOARDS
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
E
•
0
INTERVIEW SCHEDULE
Vacancies Expires
Harbor Advisory Board 3 12-31-96
(1 Member -at -Large; 1 M.B. Fishermens Association; 1
Waterfront Leaseholder Association)
6:00 p.m. Paul Cueni
6:10 Dean Tyler
6:20 Steven Wise
6:30 Jack Curry
Doug Riddell, has applied but will be out-of-
town, his application is attached.
Planning Commission 1 12/31/96
6:50 Donald Doubledee
7:00 Charles Reasor
7:10 William Campbell
Recreation & Parks Commission 3
1 Member at Large 1 12-31-96
1 Senior Representative 1 12-31-94*
1 Youth Representative 1 12-31-94*
*(Appointed by Mayor, 2 year term)
7:20
Norman Jacobson has
as well as Streets &
are attached.
7:30
Lynda Merrill
7:40
Leabah Winter
7:50
Jo Merriman
8:00
Dixon Hafley
Water Advisory Board
8:20
Herb Haley
applied for Rec. & Parks
Trees, both applications
2 12-31-95
Community Promotions 3
1 Member -at -Large 12-31-94
1 Member -at -Large 12-31-96
1 Embarcadero Business 12-31-96
8:30 Nan Clark
8:40 John Zaver
8:50 Margaret O'Neill
Rodger Anderson also applied for this
committee, his appointment has been scheduled
for 9:30 p.m.
• Streets & Trees Committee 2 12-31-96
9:00 Robert McCay
9:10 Laurice Walsh
Paul Donnelley & Gary Broering applied for
this committee but each will be out-of-town
that day. Their applications are attached.
9:30 Rodger Anderson (Community Promotions)
Solid Waste Management Board 5
(3 Members -at -Large) 12-31-96
(2 vacancies) 12-31-94
No applications received
TV Franchise and Services Board 1 12-31-93
No applications received
• M E M O R A N D U M
To: Mayor and City Councilmembers
From: Personnel Office P
Date: 24 December 1992
Subject: Special Meeting Tuesday, 29 December 1992
Ms. Laurice Walsh who has applied for a position on the Streets
and Trees Committee and was to interview at 9:10 p.m. called to
say the time was really too late for her. I asked her to come in
at 6:00 p.m., thinking perhaps you could interview her before you
started interviews for the Harbor Advisory Board.
A revised schedule is attached.
en
•
•
INTERVIEW SCHEDULE
(Revised 12/24/92)
• Ms. Laurice Walsh, Streets & Trees applicant, interview before
starting interviews for Harbor Advisory Board.
Vacancies Expires
Harbor Advisory Board 3
12-31-96
(1 Member -at -Large; 1 M.B. Fishermens Association; 1
Waterfront Leaseholder Association)
6:00 p.m. Paul Cueni�
✓
6:10 Dean Tyler
6:20 Steven Wise ✓
6 : 30 Jack Curry ,1m.vm
Doug Riddell, has applied but will be out-of-
town, his application is attached.
Planning Commission 1
12/31/96
6:50 Donald Doubledee ✓
7:00 Charles Reasor
7:10 William Campbell ,e r^z�
Recreation & Parks Commission 3
1 Member at Large 1
12-31-96
1 Senior Representative 1
12-31-94*
1 Youth Representative 1
12-31-94*
• *(Appointed by Mayor, 2 year term)
7:20 Norman Jacobson has applied
for Rec. & Parks
as well as Streets & Trees,
both applications
are attached.
7:30 Lynda Merrill
7:40 Leabah Winter
7:50 Jo Merriman
8:00 Dixon Hafley
Water Advisory Board 2
12-31-95
8:20 Herb Haley
Community Promotions 3
1 Member -at -Large 12-31-94
1 Member -at -Large 12-31-96
1 Embarcadero Business 12-31-96
8:30 Nan Clark
8:40 John Zaver
8:50 Margaret O'Neill
Rodger Anderson also applied for this
committee, his appointment has been scheduled
for 9:30 p.m.
u
Streets & Trees Committee
2 12-31-96
•
•
0
9:00 Robert McCay
9:10 Laurice Walsh (changed to 6:00 p.m.)
Paul Donnelley & Gary Broering applied for
this committee but each will be out-of-town
that day. Their applications are attached.
9:30 Rodger Anderson (Community Promotions)
Solid Waste Management Board 5
(3 Members -at -Large) 12-31-96
(2 vacancies) 12-31-94
No applications received
TV Franchise and Services Board 1 12-31-93
No applications received
•
APPLICATION FOR APPOINTMENT
City of Morro Bay
EWTYOF, DORRO RAY ,EL OFFICE
Print Your Full Name: <AAA I0I?,L L- W/LLIA- � F_
n (' (Last) (First) (Middle)
Address: '2q( lJX'LtSTft
(Street)
(City)
(zip)
I o�ram not a registered voting resident of the City of Morro Bay.
(cicle one)
I would like to be considered as a possible appointee to the:
Community Promotions Committee (up to 7 members)
Harbor Advisory Board (7 members)
Planning Commission (5 members)
Recreation 6 Parks Commission (7 members)
Solid Waste Management Board (up to 7 members)
Streets and Trees Committee (7 members)
• TV Franchise 6 Services Board (up to 5 members)
Water Advisory Board (7 members)
The following is a short statement of my background and interests, which
I believe qualify me for consideration:
[3p/24 /924-LofANGC-LE1
tDUCA�ioAJ; UCLArUSG,Co(•��G� oFAI2cH-iY�GYU.l�6
WORK Hozazl: DCsarGNtiZY PRAFrSMnnr FoR CEVt/2A1 A,&AirEct.j_ LA AR.E11
pRoGtic7rUN �E�IGN�j{-/-A/ITDjg_; .reg-A(tiPVAI Hc7U/;�6 -t7_V pr(A,i
STuur� 7i� �eTr�AnEN"f rN l'1Y�
IfffM9S(S'%"r TW&L, T*AT REWzr6 6H7C A POI&M v/L Atrji 7-rL CHotLE NG6,
S'NIAihTAtNrNCo Tito QtlAtr7'y or' EN✓rRoKM6NTv-LIFE /N/ PnI cc BA/,
Should my qualifications prove of interest, I will be pleased to meet
with City Council for further discussion.
I have -read the short statement regarding the responsibilities of this
commission/board, and should I be appointed, I will be able and willing
to devote the n cessary time to perform the required duties.
- I % J, _ Arc -'.to Iqq x
Si "nature Date
This application must be returned to the Personnel Office, Morro Bay
• City Hall.
Note: All appointees to the Advisory Bodies will be required, in
accordance with State Law, to file a "Statement of Economic Interest --
which remains available for public inspection.
Your presence at the City Council meeting for Council selection is
required.
APPLICATION FOR APPOINTMENT
City of Morro Bay
Print Your Full Name: JACO B60/(/ /VO/ZA14�YvfLO L>'%L%
(Last) ' .
(First) (Middle)
Address: 2,770 C--Rh-L .4-✓L= A•/aT
(Number) (Street)
n, n /7 /!_ O A n. v (L_ A- 9 3 L/L/7
(City) (State) (Z
Phone No.: 77 Z — 17'78
(Home) (Business)
I/�L�D4= a registered voting resident of the City of Morro Bay.
rcle one)
I would like to be considered as a possible appointee to the:
_Community Promotions Committee (up to 7 members)
Harbor Advisory Board (7 members)
Planning Commission (5 members)
%C Recreation 6 Parks Commission (7 members)
Solid Waste Management Board (up to 7 members)
Streets and Trees Committee (7 members)
• TV Franchise 6 Services Board (up to 5 members)
Water Advisory Board (7 members)
The following is a short statement of my background and interests, which
I believe qualify me for consideration:
0210/L ry .VOVI, 'f ry
CAS/"VKJuG.!'� 97-: - -F 11A ✓C Y'.a- 4/1r //(/1i /J'GI0Lu el
/� /'LYfn�✓L�hS b-7/i L`i/4$ O%(TZ[..i'Yli/Mi MI%�✓�'S 4-12 rvl. A— GA J/� i` J/5 %6'�L
� /... D..-L(rS/ Yifx.�-�� .a ^.a ow.✓b'IJ ,n )/ Ow.v �S.L,r.u.LL> aOw.�AGT/�
-
MOp(>LL/^-
$,L. D, /.v M DY71L- ti(A-L✓Tfr�•�/L�61� s�-o/c!c _ iy�/.vTM�e�-�7'S ,442G- /
IPlN"7 /550&-3 641,6sA V4to O,— Ou/z PL,a.cLv/,
A -D 4 D�/k-- yv L� pco ya µvoL�s+� • //TN v P� a.°L� .a �b /
4 ter- y o� M oie/Lo /3.(s�-
Should my ua ifications rove of interest, I will be pleased to mee£
with City Council for further discussion.
I have read the short statement regarding the responsibilities of this
comm ssion/boar , fd should I be appointed, I will be able and willing
to d ote the aary time to perform the required duties.
I .AAA
/z/3/9,
Si n ur Date
This application must be returned to the Personnel Office, Morro Bay
• City Hall.
Note: All appointees to the Advisory Bodies will be required, in
accordance with State Law, to file a "Statement of Economic Interest"
which remains available for public inspection.
Your presence at the City Council meeting for Council selection is
required.
APPLICATION FOR APPOINTMENT 'nV LS 11 ll IS If'�'1I�
City of Morro Bay I'+IUl) II fl
IUE y It
CITY OF PoithO ln'3 .I
• �_. - PF.N`:Ut1IlE. 11R ICF. .�.
Print Your Full Name: JAL'oBSoI(/, /1/O/LINA. 1y4Ll3 LrAe-T
(Last) '(First) (Middle)
Address: X770 Q LV r2 A ✓c= W/°T 'may
(Number) (Street)
dull/Le, BA-- 6A- 93yyZ
(City) ' (State) (Zip)
Phone No.: 77 Z 17'78 -
(Home) (Business)
a registered voting resident of the City of Morro Bay.
rcle one)
I would like to be considered as a possible appointee to the:
Community Promotions Committee (up to 7 members)
—Harbor Advisory Board (7 members)
Planning Commission (5 members)
Recreation 6 Parks Commission (7 members)
Solid Waste Management Board (up to 7 members)
Streets and Trees Committee (7 members)
• TV Franchise 6 Services Board (up to 5 members)
Water Advisory Board (7 members)
The following is a short statement of my background and interests, which
I believe qualify me for consideration:
My l`/FG a,e, i/3c Poa.a.:- 2i-L. //-��--�•�A,: �2tO/z Ta �rov/,•-5 Yu
Q,A �./tti//�i6C.✓/A- �.�`� J✓G.r'� F7,: - X IlA✓C Y'.a✓Ci.4>- /,//5 //- "`�fe'ovG .l3/oGn [may
/^� /'(rL.}�J ✓LDS 1� / W/i S o iVA-4-rld 4 S .M /a'N 14-5 1� r* L, /V /Z.G�1; /5
/^� j,.-L(,sSI Y7fX,{-�i A'�.0 OY✓NCirD �w y/ ao✓�,.. C�.H A.L C, a,0 v71 tCT,Lj;
1p U,4-L !LG -
MOO (fL L 1,e7/7.nn s v yIL s v L J� / c �t2tR-rrJ.-7'L / rrA//1 L. v yL., /-`-
$. L. O, /.v M 911&-4 MA -A. T-26-- -,4L� a4- s OAc(c
Q A-..f P/,✓�j [T,✓(///�,✓r+/� Y',A-L /SS<lG"3 i4v�5sR ✓•0.rr✓... B� out P[.a..o/�T,
A,94 DE'z;Ako yv PL 01644— q-,Vet> i
G a ✓ 6Cr��,J�Aj�- o� a 2 c <� a rJo�r�� a> rY 0/' .V a,&A q 'a
Should my ealifications rove of interest, I will be pleased to mee
with City Council for further discussion.
I have read the short statement regarding the responsibilities of this
commi,assion/board, e(nd should I be appointed, I will be able and willing
to lld Vote the ary time to perform the required duties.
/z s/9L
si n ur Date
This application must be returned to the Personnel Office, Morro Bay
• City Hall.
Note: All appointees to the Advisory Bodies will be required, in
accordance with State Law, to file a "Statement of Economic Interest"
which remains available for public inspection.
Your presence at the city Council meeting for Council selection is
required.
'7; 3 o h `
•
•
•
A['l'L1CA'I'ION rOR Al'PO[NI'MMNT
City of Morro Bay[_
Print Your Full Name
Address: 39/
(Number) (Street)
/rea 19;<7'P/ 3rf s� L
W(c(State) (zip)
Phone No.: 7 7.2
(Nome) (Business)
I am/am_not a registered voting resident of the City of Morro Bay.
(circle one)
I would like to be considered as a possible appointee to the:
Community Promotions Committee (up to 7 members)
harbor Advisory Board (7 members)
Planning Commission (5 members)
Recreation 6 Parks Commission (7 members)
Solid Waste Management Board (up to 7 members)
Streets and Treas Committee (7 members)
TV Franchise 6 Services Board (up to 5 members)
Water Advisory Board (7 members)
The following is a short statement of my background and interests, which
I believe qualify me for consideration:
a-.�G� G7J a.L�:7j--a-�.= -af a-t.Co -i .+� 'a�Gc...i •'.y--�+ 1.-�-a-.- a+-.
a. -e- ,y :C_, .1J ✓:..-.-�--� cl --t -4L 14. ....-.-a_.(-
,.,,__,., U..,�--.�L..-to c.:.-..�..-�. �.�... �L- D'r`-y -L`- -7f
'0 _/ w:—
i.(..--..-a-�.�...2J. +� �c..-.�o./.c�U s.,.._.a �-et_o......�-a-�-..-<•-�.✓L °7� -C�^-�L ,�---G-
�:�L�-^
-4 -tv-0i
Should my qualifications prove of interest, I will be pleased to meet
with City Council for further discussion.
I have read the short statement regarding the responsibilities of this
commission/board, and should I be appointed, I will be able and willing
to devote the necessary time to perform the required duties.
I --� .-/-, 6;7�1--'n..c�e�C�
Signature Date
This application must be returned to the Personnel Office, Morro Bay
City Nall.
Note: All appointees to the Advisory Bodies will be required, in
accordance with State Law, to file a "Statement of Economic Interest"
which remains available for public inspection.
Your presence at the City Council meeting for Council selection is
required.
•
q° &DC-
�on
1{PPLICFOR APPOINTMENT
Cityity o of Morroro Bay 4
Print Your Full Name: (A)1A/7_E/L %{. /Cy641-1.
(Last) (First) (Middle)
Address:- /SS S1C NA STi
(Number) (Street)
(Ci
State)
Phone No.:- -3370
(Home) (Business)
I am/am not a registered voting resident of the City of Morro Bay.
(circle one) .
I would like to be considered as a possible appointee to the:
Community Promotions Committee (up to 7 members)
Harbor Advisory Board (7 members)
Planning Commission (5 members)
Recreation & Parks Commission (7 members)
Solid Waste Management Board (up to 7 members)
Streets and Trees Committee (7 members)
TV Franchise & Services Board (up to 5 members)
Water Advisory Board (7 members)
The following is a short statement of my background and interests, whi h
I believe qua lllify me for considerati.QQ"n•� l .,zlut�C. rtdn-0 �',V
/i✓-�, ail d/ MM1 tM..p (rh IL :n t'fw SS� ef!/��t
,t lsTt�'np-n2
it c Jrrrp Pfo6d, �iLA4s�2 PJeh n0
Ct,•llk7 �fMA•_,2 . I.Ja ,Lp,d `b l�k.a(cc J7�ar>� sc•/a/e.
p
C`trtel n,d Greot, ,W(4 brrn N? WYttq�ww.'�%./6Ge; A4
Giyc,C Ow. at hat e�r� Pest n� n++�le.l ,'u,41..�c.[I ri+�:tA-.vme• Ci ritirllG,��i. !4.>.. ?ryv;de,V14+n ✓U1�6:t .�aNri9t „t GSs V1��1 1 %7t e(aL.n/Da
Yfc -117USc 1`zmrdlcac t1iaJ lSe.�liesP.ms.b4� g Dr 5 �2 �rfn de/eLnu,dY of-
ryaz�*ac 50. Ne i
/� eei
of
Should my qualifications prove of interest, I will be pleased to meet
with City Council for further discussion.
I have read the short statement regarding the responsibilities of this
commission/board, and should I be appointed, I will be able and willing
to devote.the necessary time to perform the required duties.
Signature Date
This application must be returned to the Personnel office, Morro Bay
City Nall.
Note: All appointees to the Advisory Bodies will be required, in
accordance with State Law, to file a "Statement of Economic Interest --
which remains available for public inspection.
Your presence at the City Council meeting for Council selection is
required.
iV//
E
•
.? I s-v
APPLICATION FOR APPOINTMENT
City of Morro Bay
7-7
Print Your Full Name:, ffR IRdAl V o U69 Y
(Last) (First) (Middle)
Address
(
R
(street)
AbAgo BAY CALIFORNIA 930-a—alal
jMCa5 I C45 (City) OLL 1 (State) (Zip)
Phone No.: bos)77a-- I I aI
P E N Ts (Home) (Business)
rT not a registered voting resident of the City of Morro Bay.
� circle one)
- 4 ft IIU,
I would like to be considered as a possible appointee to the:
Community Promotions Committee (up to 7 members)
-Harbor Advisory Board (7 members)
�/ Planning Commission (5 members)
n Recreation & Parks Commission (7 members)
Solid Waste Management Board (up to 7 members)
Streets and Trees Committee (7 members)
TV Franchise & Services Board (up to 5 members)
Water Advisory Board (7 members)
The following is a short statement of my background and interests, which
believe qualify me for consideration: //�� __ //,,
a rn, cz 3 0, .� e JL. /1 e zn VOIL ig `lam') (%,� .
RAN
C
d; sgbled V i enfAM VR-M'
0�L e��—A.A,DE6REE iN —I)JAY tjSa.
�..Ranre &aenn. 66��RA� srvo►Es
caMIAMER t '
AloRRo 6A` . POST' 0 017
U67-ERANS aF FdRe16N 4lARs oF711eU,S
Should my qualifications prove of interest, I will be pleased to meet
with City Council for further discussion.
I have read the short statement regarding the responsibilities of this
commission/board, and should I be appointed, I will be able and willing
to devote the necessary time to perform the required duties.
This application must be returned to the Personnel Office, Morro Bay
City Hall.
Note: All appointees to the Advisory Bodies will be required, in
accordance with State Law, to file a "Statement of Economic Interest"
which remains available for public inspection.
Your presence at the City council meeting for Council selection is
required.
ATfOH
OR
APPLICity ofFMorro BayTNENT !'(
t(lu� NUV 2 3
Print Your Full Name: 1iHafley, if. Dixon
•
(Last) (First) (Middle) -
Address: 925 Pocho.
(Number) (Street)
I lorro Ray Calif. Ca 93442
(City) (State) (zip)
Phone No.: (0054_%772-3430 Retired
(Home) (Business)
a registered voting resident of the City of Morro Bay.
� rcle one)
I would like to be considered as a possible appointee to the:
Community Promotions Committee (up to 7 members)
Harbor Advisory Board (7 members)
Planning Commission (5 members)
Recreation 6 Parks Commission (7 members Member ut Large
Solid Waste Management Board (up to 7 members)
Streets and Trees Committee (7 members)
TV Franchise 6 Services Board (up to 5 members)
Water Advisory Board (7 members)
•
The following is a short statement of my background and interests, which
I believe qualify me for consideration:
I am Just completing a two year term on the Park's and Recreation
commission, my term will expire on 12-3-92. I was appointed to this
term by the previous Mayor. At this time I would like to apply for
the member at large opening on the commission, at this time there
should be two openings.
I have enjoyed my term on the commission, and feel that I was able to
work well with my fellow commissioners, and was able to add to the com-
mission as a whole. My only absence's from commission meetings in
the last two years were excused, and were due to eye surgeries.
I do feel that every citizen should give somthing back to the city
that they live in, and I feel that I can be of value here.
Being retired, I have time to devote to the commission.
Should my qualifications prove of interest, I will be pleased to meet
with City Council for further discussion.
I have read the short statement regarding the responsibilities of this
commission/board, and should I be appointed, I will be able and willing
to devote the necessary time to perform the required duties.
S gna ore �j ats
This application must be returned to the Personnel Office, Morro Bay
City Hall.
• Note: All appointees to the Planning Commission will be required, in
accordance with State Law, to file a "Statement of Economic Interest"
which remains available for public inspection.
Your presence at the City Council meeting for Council selection is
required.
$;1O
APPLICATION FOR APPOINTMENT
City of Morro Bay
Print Your Full Name: 14ALEV diem
(Last) I (First) (Middle)
Address:
(City) I(State)
Phone No.: 77a -/B70
(Home) (Business)
a registered voting resident of the City of Morro Bay.
G�r clNee n e)
I would like to be considered as a possible appointee to the:
Community Promotions Committee (up to 7 members)
Harbor Advisory Board (7 members)
Planning Commission (5 members)
Recreation 6 Parks Commission (7 members)
Solid Waste Management Board (up to 7 members)
Streets and Trees Committee (7 members)
• TV Franchise 6 Services Board (up to 5 members)
water Advisory Board (7 members)
The following is a short statement of my background and interests, which
I believe qualify me for consideration:
t A)J4XC &h C. Cd'ry (2-au,vc,l1 (4Cd2d , 997,9
LJO AC-10;VX hgvi bq-c t) CIA).gMiMbLd, z 61I/Lu.E
��dr r?icv2D sP-i5Aa,t
4CsA49',VfAy , X /GCtpuaSJ- /LeaPPo.rh,h.t�7
Should my qualifications prove of interest, I will be pleased to meet
with City Council for further discussion.
I have read the short statement regarding the responsibilities of this
commission/board, and should I be appointed, I will be able and willing
to devote the necessary time to perform the required duties.
Signat a Date
This application must be returned to the Personnel Office, Morro Bay
• City Hall.
Note: All appointees to the Advisory Bodies will be required, in
accordance with State Law, to file a "Statement of Economic Interest"
which remains available for public inspection.
Your presence at the City Council meeting for Council selection is
required.
�!_s0
APPLICATION FOR APPOINTHEN-1'
City of Morro Nay
ME •027
Print Your Full Name:�.(512.2K (� G
• (Last) (First) (Middle)
Address: aglo �rz
(Number) "� (StreeL)
11Q9 '&I r A
(City) (State) (zip)
Phone No.: hn`L+
(Home) (Business)
I BMain—nal a registered voting resident of the City of Morro Bay.
(circle one)
I would like to be considered as a possible appointee to the:
_Community Promotions Committee (up to 7 members)
Harbor Advisory Board (7 members)
Planning Commission (5 members)
Recreation 6 Parks Commission (7 members)
Solid Waste Management Board (up to 7 members)
Streets and Trees Committee (7 members)
TV Franchise 6 Services Board (up to 5 members)
Water Advisory Board (7 members)
• The following is a short statement of my background and interests, which
I believe qualify me for consideration:
1t`� �+u=C�Rottw� b VPRu P \,5%w pCTGNa1Vc �ACKf�Rot�n9,t tti+
f�iZ. WF4CTt1�R IN ' t, SCRUi GiCr1ANISATiotii hoTtJ0.Ttluy oR
11iPA.4Ft(ZNT�n9Q, — S ofVE AIaACAcCIRsuwf� 1i1� MhPbPTT rut PoR'('
\4," tGN AAS C.oA51 jrCTiB' hG \at[N 41r.�0P�Y CL:P.TAtn"3 4�iNpTV
OK i412 1�A�tkic 1Z1F( Au� l\l�Rou4N OttT TkL: VJ.9 iT1i� STA rt:S
t Gnu a\jrt ,
Z k�4iJN �c A t31vr of ttoRKa y slacl? �1�t; `yos
`t 0.1 t I
imp Qi1T htQ� tt2Ytle'STE� It.� CoNTe,iev-r tn� A
�tt,e.Tt✓al t'tanab2 1�o�TtoN o`K tw I..oJOCi,,.,�
S P3D01 Tt\u: cif-0\A7y6 ,
Should my qualifications prove of interest, I will be pleased to meet
with City Council for further discussion.
I have read the short statement regarding the responsibilities of this
commission/board, and should I be appointed, I will be able and willing
to devote the necessary time to perform the required duties.
Signature
Date
This application must be returned to the Personnel Office, Morro Bay
City Hall.
• Note: All appointees to the Planning Commission will be required, in
accordance with State Lew, to file a "Statement of Economic I*nterest" which remains available for public inspection.
Your presence at the City Council meeting for Council selection is
required.
8sVn rI,--
APPLICATION FOR APPOTNTMENT �' " 1' U l'/ iS
City of Morro Bay Wnn
(� I O
Print Your Full Name:_ ; �VL-e 'J"A) 0
(Las't)/ (First) (Middle)
Address: �� -G3 IA"(o5T
Phone No.: / /.C— //I
(Home
(Street)
V30,
(State) (Zip)
ZV — ,1d2
(Business)
I�m_not a registered voting resident of the City of Morro Bay.
circle one)
I would like to be considered as a possible appointee to the:
Community Promotions Committee (up to 7 members)
Harbor Advisory Board (7 members)
Planning Commission (5 members)
Recreation 6 Parks Commission (7 members)
Solid Waste Management Board (up to 7 members)
Streets and Trees Committee (7 members)
• TV Franchise 6 Services Board (up to 5 members)
Water Advisory Board (7 members)
The following is a short statement of my background and interests, which
I believe qualify me for consideration:
460 s �`` //awl' .u.7 otv LJ AzW /41 �✓c� /A�
Should my qualifications prove of interest, I will be pleased to meet
with City Council for further discussion.
I have read the short statement regarding the responsibilities of this
commission/board, and should I be appointed, I will be able and willing
to devote the necessary time to perform the required duties.
61 Sign t � re Defte
This application must be returned to the Personnel Office, Morro Bay
• City Hall.
Note: All appointees to the Advisory Bodies will be required, in
accordance with State Law, to file a "Statement of Economic Interest^
which remains available for public inspection.
Your presence at the City Council meeting for Council selection is
required.
•
g"S'D
APPLICATION FOR APPOINTMENT
City of Morro Bay
ro-C 101a
P
Print Your Full Name: /4 EEC (- 0 / / /4,C G?e,�_%
(Last) (First) (Middle)
Address: a�yS A16 Pfi uc-^.
Bu BG (Number) _ (Street)
Phone No.
Home)
y3IZ17Z2—
(Zip)
(Business)
I MA a registered voting resident of the City of Morro Bay.
(circ a one)
I would like to be considered as a possible appointee to tile:
Community Promotions Committee (up to 7 members)
harbor Advisory Board (7 members)
Planning Commission (5 members)
Recreation & Parks Commission (7 members)
Solid Waste Management Board (up to 7 members)
_...... ... .. Streets and Trees Committee (7 members)
• TV Franchise & Services Board (up to 5 members)
Water Advisory Board (7 members)
The following is a short statement of my background and interests, which
I believe qualify me for consideration:
is
7 ueN �Eif Dfi4/ia/ O eGi9 u�L� Ticw
a
�Es�mnfi�iti T/E1'. 5(� Suc�.s.r� ifl
Should my qualifications prove of interest, I will be pleased to meet
with City Council for further discussion.
I have read the short statement regarding the responsibilities of this
commission/board, and should I be appointed, I will be able and willing
to devote the necessary time to perform the required duties.
Signature Date
This application must be returned to the Personnel Office, Morro Bay
• City hall.
Note: All appointees to the Advisory Bodies will be required, in
accordance with State Law, to file a "Statement of Economic Interest"
which remains available for public inspection.
Your presence at the City Council meeting for Council selection is
required.
17"o 0 U C 6[ (► d� �t
APPLICATION FOR APPOTNTMENT h
City of Morro Bay tIM 3 0
Print Your Full Name: MCCAY RoacrL E�t�E uu
• (Last) (First) (Middle)
Address: 45 3 AR-CA41A Auc1
(Number) (Street)
0,t0V10 647 (A. 9 3V(( )_
(City) (State) (Zip)
Phone No.: QO: �iL' Syy BUS' cyq-,).z 33
(Home) (Business)
a registered voting resident of the City of Morro Bay.
circle one)
I would like to be considered as a possible appointee to the:
Community Promotions Committee (up to 7 members)
Harbor Advisory Board (7 members)
Planning Commission (5 members)
Recreation 6 Parks Commission (7 members)
Solid Waste Management Board (up to 7 members)
is Streets and Trees Committee (7 members)
TV Franchise 6 Services Board (up to 5 members)
Water Advisory Board (7 members)
F
•
The following is a short statement of my background and interests, which
I believe qualify me for consideration:
,tl�p /litico���w C�e�fcu-�f�,
���,1Jar,�l cc� at7 .L6,./ ed,W r,�&e .lin;l �ul:, i41Pa I
t ��fJi / � CAiL1-t;�rbLl�t riN ..-C��/ .e2J�W'�1 YLt44w q/ a"I Zwl lz2 a dO[4-a _441
C,ctt� �� ez�2i+.eluzC �lnei✓KL�'a�2--, GP_uro-uPil
of✓'2Gtcicfe.lGi✓ pcv y ,otti�,cif �o-.Ge ��% �/urt�Li�eeie Z&
Otc1 LJH'c��cccn.c �.'/
Should my qualifications prove of interest, I will be pleased to meet
with City Council for further discussion.
I have read the short statement regarding the responsibilities of this
commission/board, and should I be appointed, I will be able and willing
to devote the necessary time to perform the required duties.
IANGi4v/ C %/6L�
Signature
/L/z r/yL
Date
This application must be returned to the Personnel Office, Morro Bay
City Mall.
Note: All appointees to the Planning Commission will be required, in
accordance with State Law, to file a "Statement of Economic Interest"
which remains available for public inspection.
Your presence at the City Council meeting for Council selection is
required.
Print Your Full
Address:_.....
9'io
APPLICATION FOR APPOINTMENT
City of Morro Bay
I�S
Name: W ijLS N LRlJ,2l6e-
(Last) Q (First)/ tl(Middle)
a3 — frl l� L L 7,7 6. 61,rr—
(Number)
M uo CI F
(city)
Phone No.:
(Home
Street)
G A- q 3a—
(state)
77a-03 %
(Business
I T""— a registered voting resident of the City of Morro Bay.
(circle ,nne)
I would like to be considered as a possible appointee to the:
Community Promotions Committee (up to 7 members)
Harbor Advisory Board (7 members)
Planning Commission (5 members)
Recreation B Parks Commission (7 members)
Sister City Advisory Committee (5 members)
• Solid Waste Management Board (up to 7 members)
_Streets and Trees Committee (7 members)
TV Franchise 6 Services Board (up to 5 members)
Water Advisory Board (7 members)
The following is a short statement of my background and interests, which
I believe qualify me for consideration:
Lft&rocetI-Pe- �+oYLTtcvz_.-re 19l 8
UNl �� R51 T� of M 1 NNL S o7 1q
v�myqua
4/ not a .1' vbe'it�K .d
Tr
Shications prove oP Lnteres I will be pleased to meet
with City Council for further discussion.
I have read the short statement regarding the responsibilities of this
commission/board, and should I be appointed, I will be able and -willing
to devote the necessary time to perform the required duties.
za -1 .� M cif [DCA-. 9, la9a'
Signature Date
. This application must be returned to the Personnel Office; Morro Bay
City Hall.
Note: All appointees to the Advisory Bodies will be required, in
accordance with State Law, to file a "Statement of Economic Interest"
which remains available for public inspection.
Your presence at the City Council meeting for Council selection is
required.
APPLICATION FOR APL'OTIITMI:NT
City of! Morro Bay
��rr�od�D
CITY OF MORRO BAY
PERSONNEL OFFICE
Print Your Full Name:_R0///7C��y 14,111
(Last) J� (First-) (Middle)
Address: 979 Pacif'c �'ircc/
(Number) (Street)
Marro
(City)
(State)
Phone No.: ZZLI ZZ %B/_0,,"rz ew Q473
(home) (Business)
I e ona registered votiny resident or the City or Morro Bay.
role)
I would like to be. considered as a possible appointee to the:
Community Promotions Committee (up to 7 members)
Harbor Advisory Board (7 members)
Planning Commission (5 members)
Recreation & Parks Commission (7 members)
• Sister City Advisory Committee (5 members)
Solid Waste Management- Board (up to 7 members)
_X—Streets and Trees Committee (7 members)
TV Franchise & Services Board (up to 5 members)
Water Advisory Board (7 members)
The following is a short- statement of my background and interests, which
I believe qualify me for consideration:
fra�er cf/air/aor� c/ /fie Sarre/ Advsory ram,wlliee.
Two years a/ ee/%ye i.7 prior yo elo�yiqy % C.'v./friyiaeeria9
Em o%yed ire /of< 7V '' ,/vs Alefes a vd
ffv/oairv/ 6fel-; er/S i>;, Artad b , CA.
Pi<se.�ffy elma/oyed 6y ai Xw Zair O6irI0v as a
Aoec/ Eay.i,�ei:
Should nay qualifications prove of Interest, I will be pleased to meet
with City Council for further discussion.
I have read the short statement regarding the responsibilities of this
commission/board, and should I be appointed, I will be able and willing
to devote the necessary time to perform the required duties.
Signature f a a
This application must be returned to the Personnel Office; Morro Bay
City Hall.
Note: All appointees to the Advisory Bodies will be required, in
accordance with State Law, to file a "Statement of Economic Tntgrgst"
•
Is
•
APPLICATION FOR APPOINTMENT
City of Morro Bay
Print Your Full Name: I �,,,,, ,
(Last) (First) (Middle)
Address: ?eA A
(Number) (Street)
ty
State)
Phone No.: )>1-y06%
(Home) (Business)
I Am/am not a registered voting resident of the City of Morro Bay.
(circle one)
I would like to be considered as a possible appointee to the:
Community Promotions Committee (up to 7 members)
harbor Advisory Board (7 members)
Planning Commission (5 members)
Recreation 6 Parks Commission (7 members)
Solid Waste Management Board (up to 7 members)
_eStreets and Trees Committee (7 members)
TV Franchise 6 Services Board (up to 5 members)
Water Advisory Board (7 members)
The following is a short statement of my background and interests, which
I believe qualify me for consideration:
/...Ac.� �� � / •.� �p ..mac. ��[ �. f�..�« iti�
Should my qualifications prove of interest, I will be pleased to meet
with City Council for further discussion.
I have read the short statement regarding the responsibilities of this
commission/board, and should I be appointed, I will be able and willing
to devote the necessary time to perform the required duties.
Signii��re Date
This application must be returned to the Personnel Office, Morro Bay
City Hall.
Note: All appointees to the Advisory Bodies will be required, in
accordance with State Law, to file a "Statement of Economic Interest"
which remains available for public inspection.
Your presence at the City Council meeting for Council selection is
required.
•
•
•
APPLICATION FOR APPOINTMENT
City of Morro Day
Print Your Full Name:A r 'i p or, e p_ 7,T
(Last) (First) (Middle)
Address: o I /
(Number)
tng k
(city)
Phone No.: 7 -22
I3ti
(Zip
;2-343
(Business)
:00111. Y
1 a registered voting resident of the City of Morro Bay.
rcle one)
I would lik0 be considered as a possible appointee to the:
!//Community Promotions Committee (up to 7 members)
Harbor Advisory Board (7 members)
Planning Commission (5 members)
Recreation 6 Parks Commission (7 members)
Solid Waste Management Board (up to 7 members)
Streets and Trees Committee (7 members)
TV Franchise 6 Services Board (up to 5 members)
Water Advisory Board (7 members)
The following is a short statement of my background and interests, which
I bel eve qualify a for consideration:
0( �Z)7 C&_�Vr�
uu ti
with City Council for f
Q.n� • �V l�vt 4J� at
71)
prov ore7;Zsedomeet
Cher discussion.
I have read the short statement regarding the responsibilities of this
commis n/board, and should I be appointed, I will be able and willing
to d e n,?ce5o9ry time to perform the required duties.
12-14-g.--Z_
Date
This application must be returned to the Personnel office, Morro Bay
City Nall.
Note: All appointees to the Advisory Bodies will be required, in
accordance with State Law, to file a "Statement of Economic Interest --
which remains available for public inspection.
1
Your presence at the City council meeting for Council selection is
required.
la ! 00 )'' JIB)
r ' fs
APPLICATION FOR APPOIN'FMEN'i'
City of Morro Bay
. Print Your Full Name: G!/FAII PAIR..
(Last) (First) (Middle)
Address: 5,78 NAPB A6, t pX /�, 79
(Number) (Street)
/Lr0 .x pr o Rey c_A 3 Sy z
(City) (State) (Zip)
Phone No.: Z 3 P/ 3 Y
(Nome) (Business)
I _Bmla of a registered voting resident of the City of Morro Bay.
(c rcle one)
I would like to be considered as a possible appointee to the:
Community Promotions Committee (up to 7 members)
--ZIlarbor Advisory Board (7 members)
Planning Commission (5 members)
Recreation 6 Parks Commission (7 members)
Solid Waste Management Board (up to 7 members)
Streets and Trees Committee (7 members)
TV Franchise 6 Services Board (up to 5 members)
Water Advisory Board (7 members)
• The following is a short statement of my background and interests, which
I believe qualify me for consideration:
/ iHAv£ ,/3 .E Iry or 'T,H,x• io�Jl�n APvisortk
fail TerP c r%r gr 'Y ` ,Q S e vOJ / c.vsvc
/ C' o .✓ 7- ! ,C/ (/� ! f1.4.0 / 7— i!
er•rA ce c� h ( ra [ f'r/ c [ o r 3
('ai�,•1P.fc/�C FlSrli/✓C {oAT 77114r / �o�c.9sro6i7�
G'J�' 7O Frrr✓ arc .JG/3rFcorL7o c�r��.�-rrdP e-
c t-O S ry ilp moo,( /t O h e y
Should my qualifications prove of interest, I will be pleased to meet
with City council for further discussion.
I have read the short statement regarding the responsibilities of this
commission/board, and should I be appointed, I will be able and willing
to devote the necessary time to perform the required duties.
S'ignature Date
This application must be returned to the Personnel Office, Morro Bay
City Mall.
• Note: All appointees to the Planning Commission will be required, in
accordance with State Law, to file a "Statement of Economic Interest"
which remains available for public inspection.
Your presence at the City Council meeting for Council selection is
required.
6,;10 PO-T
APPLICATION FOR APPOINTMENT
City of Morro Bay
Iv' 0 210'
Print Your Full Name:_ TYLER DEAN R. FERSONNE OFFIC
•
(Last) (First) (Middle)
Address: 595 EMBARCADEM
(Number) (Street)
•
MORRO BAY CA 93442
• (City) (State) (Zip)
Phone No.: 772-3628 772-7647
(Home) (Business)
I 9 a registered voting resident of the City of Morro Bay.
rcle one)
I would like to be considered as a possible appointee to the:
Community Promotions Committee (up to 7 members)
X Harbor Advisory Board (7 members)
Planning Commission (5 members)
Recreation S Parks Commission (7 members)
Solid Waste Management Board (up to 7 members)
Streets and Trees Committee (7 members)
TV Franchise 6 Services Board (up to 5 members)
Water Advisory Board (7 members)
The following is a short statement of my background and interests, which
I believe qualify me for consideration:
I have lived in I.7orro Bay since 1949. I was a commercial fisherman for
twenty years. I have owned and managed the Morro Bay Aquarium since 1965.
Also I am the Director and President of the Morro Bay Marine Rehabilita-
tion Center housed by the Aquarium caring for distressed mammals.
Presently I am involved with The Waterfront Leaseholders Assocociation
as President and also a member of the Boasrd of Directors.
Should my qualifications prove of interest, I will be pleased to meet
with City Council for further discussion.
I have read the short statement regarding the responsibilities of this
commission/board, and should I be appointed, I will be able and willing
to devote the necessary time to perform the required duties.
Signature Date
This application must be returned to the Personnel Office, Morro Bay
City Hall.
• Note: All appointees to the Planning Commission will be required, in
accordance with State Law, to file a "Statement of Economic Interest"
which remains available for public inspection.
Your presence at the City Council meeting for Council selection is
required.
L
APPLICATION FOR APPOINTMENT
City of Morro Bay
Print Your Full Name: k leeyye*EhI LBgLIE
(Last) (First) (Middle)
Address: AN6011b 48T:
(Number) (Street)
(City
Phone No.
Home
-202 II'
TFMOKNoE�r' jL
INNEi 11111rE
I a registered voting resident of the City of Morro Bay.
(c1 rcle one)
I would like to be considered as a possible appointee to the:
Community Promotions Committee (up to 7 members)
Harbor Advisory Board (7 members)
Planning Commission (5 members)
Recreation 6 Parks Commission (7 members)
Sister City Advisory Committee (5 members)
Solid Waste Management Board (up to 7 members)
• Streets and Trees Committee (7 members)
TV Franchise 6 Services Board (up to 5 members)
Water Advisory Board (7 members)
The following is a short statement of my background and interests, which
I believe qualify -me for consideration:
1 HAVE "DEN h- LES1i:b'Kt 01- UAo*A0 &' ,( fall- i3 'T�cRS .klu•D 1 l.-
THAT I. N610 wAVr To e6 INVDW60 AVO ,fAlWCOATS IN CITY 6ovs_9NN6+-T.
I A A& A W�61431 -ED c/cVlraIENIA KKrM lits'LT hn+O HAN6 EX(-t--(L 6NGE W
Wpt( cppq rf P)o.)EiXS IN AAOIIJ=o 5M /ENO Foe-T efoJ Lu1S . I HAUL
NJa(�r> uJW4 A*-%kY roRP=.� Of� t'T161Ntk"ts-S� '@oq'f1N6 kn10 WHTGRwAY9 ,SfAiE
:.o.wp> ca1MMI.SSt6IJ AIJO "ME ca&vrRl 4oa4ML-or-ockO
Should my qualifications prove of interest, I will be pleased to meet
with City Council for further discussion.
I have read the short statement regarding the responsibilities of this
commission/board; and should I be appointed, I will be able and -willing
to devote the Decessary time to perform the required duties.
Signature D Db to
to '
• This app ication must be returned to the Personnel Office; Morro Bay
City Hall.
Note: All appointees to the Advisory Bodieswill be required, in
accordance with State Law, to file a "Statement of Economic Interest"
which remains available for public inspection. .
Your presence at the City Council meeting for Council selection Is
required.
4'%3o
APPLICATION FOR APPOIN
City of Morro Bay
rcnaurm
• Print Your Full Name: CURRY JACK r —
(Last) (First) (Middle)
Address: 990 MORRO AVE. (P.O. Box 1711) 93443
(Number) (Street)
MORRO BAY CA 93442
(City) (State) (zip)
Phone No.: 772-4766 772-5665
(Nome) (Business)
a registered voting resident of the City of Morro Bay.
rcle one)
I would like to be considered as a possible appointee to the:
Community Promotions Committee (up to 7 members)
_x Harbor Advisory Board (7 members)
Planning Commission (5 members)
Recreation 6 Parks Commission (7 members)
Solid Waste Management Board (up to 7 members)
Streets and Trees Committee (7 members)
TV Franchise 6 Services Board (up to 5 members)
Water Advisory Board (7 members)
• The following is a short statement of my background and interests, which
I believe qualify me for consideration:
I have served on the HARBOR ADVISORY BOARD for the past 4 years.
I have been a resident of Morro Bay for twelve years. I believe I have
served objectively, made decisions, and voted in the best interest of
entire community of Morro Bay. I believe the harbor is still our most
There are some major issues coming up in the next few years in which
I feel I could make a positive contribution.
Should my qualifications prove of interest, I will be pleased to meet
with City Council for further discussion.
I have read the short statement regarding the responsibilities of this
commission/board, and should I be appointed, I will be able and willing
to devote the necessary time to perform the required duties.
12/2/92
igna Date
This application must be returned to the Personnel Office, Morro Bay
City Hall.
• Note: All appointees to the Planning Commission will be required, In
accordance with State Law, to file a "Statement of Economic Interest' -
which remains available for public inspection.
Your presence at the City Council meeting for Council selection is
required.
•
•
APPLICATION FOR APPOINTMENT
City of Morro Bay
Print Your Full Name: RIDDELL WILLIAM DOUGLAS
(Last) (First) (Middle)
Address: 340 FRESNO AVE.
(Number) (Street)
MORRO BAY CA 93442
(City) (State) (Zip)
Phone No.: 805 772-1326' 805 772-2271
(Nome) (Business)
I AMLAm not a registered voting resident of the City of Morro Bay.
(circle one)
I would like to be considered as a possible appointee to the:
Community Promotions Committee (up to 7 members)
xx Harbor Advisory Board (7 members) Member -At -Large
Planning Commission (5 members)
Recreation 6 Parks Commission (7 members)
Solid Waste Management Board (up to 7 members)
Streets and Trees Committee (7 members)
TV Franchise 6 Services Board (up to 5 members)
Water Advisory Board (7 members)
The following is a short statement of my background and interests, which
I believe qualify me for consideration:
My qualifications are:
Morro Bay resident 5/75 to present
Morro Bay Embarcadero Business - Boating Supplies - 5/75 to 6/78
Boating Supplies - Main Street - 4/78 to 3/86
Licensed Yacht 6 Ship Broker 2/70 to present
Morro Bay Harbor Advisory Board 7/79 to 12/85 (Chairman 1985)
Morro Bay Yacht Club Member 7/75 to present (Commodore 1981)
Realtor 4/89 to present
BSA Cub Pack 218 ASSt. Cubmaster 1989-1991
BSA Troop 222 Asst. Scoutmaster 1909 - to present
Should my qualifications prove of interest, I will be pleased to meet
with City Council for further discussion.
I have read the short statement regarding the responsibilities of this
commission/board, a"d hould I be appointed, I will be able and willing
to ¢evot the nec sary time to perform the required duties.
12
Sign'Pre Date
This application must be returned to the Personnel Office, Morro Bay
City Nall.
• Note: All appointees to the Advisory Bodies will be required, in
accordance with State Law, to file a "Statement of Economic Interest"
which remains available for public inspection.
Your presence at the City Council meeting for Council selection is
required.
�e ; -41
APPLICA'1'I4111 FOIL Ai'P011t'1'MEII'1'
City of Morro Hay
12 c — 4 IM
Print Your Full Name: PERSONNEL OFROE
•
(Last) (First) (Riddle)
Address: tm a j(N-rA'j ;:?"
(dumb�e..r))�-y.� (S(Street) y�
(State) (Zip)
' Phone No.::1-1?^ _TT7__GKoe"2
(Nome) (Business
�y++��
I l9mlj9ID_I1Qt a registered voting resident of the City of Morro Bay.
(c cla one)
I would like to be considered as a possible appointee to the:
Community Promotions Committee (up to 7 members)
Harbor Advisory Board (7 members)
Planning Commission (5 members)
Recreation 6 Parks Commission (7 members)
Solid Waste Management Board (up to 7 members)
Streets and Trees Committee (7 members)
TV Franchise 6 Services Board (up to 5 members)
Water Advisory Board (7 members)
•
The following is
a short statement of my background and interests, which
I believe qualify me for consideration:
Should my qualifications prove of Interest, I will be pleased to ,,at
with City Council for further discussion.
I have read the short statement regarding the responsibilities of this
...., ... commission/board, and should I be appointed, I will be able and willing
tb—dev to the necessary time to perform the required duties.
124,
ature D � to
This application must be returned to the Personnel office, Morro Bay
City Hall.
• Hotel All appointees to the Planning Commission will be required, in
accordance with State Law, to file a ��Sta tement of Economic Interest'
which relnelna available for public inspection.
Your presence at the city Council meeting for Council selection is
required.
�me
71 0012171
APPLICATION FOR APPOINTMENT
City of Morro Bay
3 0192 ' ' ,
• Print Your Full Name: Reasor Charles K.
(Last) (First) (Middle)
Address: 541 La Jolla
(Number) (Street)
Morro Bay California 93442
(City) (State) (Zip)
Phone No.: 772-4952 489-6293
(Home) (Business)
I a registered voting resident of the City of Morro Bay.
Rrcle one)
I would like to be considered as a possible appointee to the:
Community Promotions Committee (up to 7 members)
Harbor Advisory Board (7 members)
Planning Commission (5 members)
Recreation 6 Parks Commission (7 members)
Solid Waste Management Board (up to 7 members)
Streets and Trees Committee (7 members)
TV Franchise 6 Services Board (up to 5 members)
• Water Advisory Board (7 members)
The following is a short statement of my background and interests, which
I believe qualify me for consideration:
I am a 19 year resident of Morro Bay. I graduated from Michigan State
University with a degree in Public Accounting. I also have a Juris Doctor
degree from Humphrey College in Stockton. I served on the Morro Bay City
Council from 1.978-80 and the Morro Bay Planning Commission from 1984-88 and
from July 91 til present. I work for the California State Board of Equal-
ization as a Business Taxes Administrator covering San Luis Obispo County
and most of Santa Barbara County. I've been in this position for 19 years
and worked as a Business Tax Auditor for 10 years prior to that.
I have strongly supported the concept that we must live within our
resources. I do not feel its ethically or morally proper to take resources
from other parts of the State in order to satisfy our wants or needs.We must
learn to live within our means.
Should my qualifications prove of interest, I will be pleased to meet
with City Council for further discussion.
I have read the short statement regarding the responsibilities of this
commission/board, and should I be appointed, I will be able and willing
to devote the necessary time to perform the required duties.
//-z 7 9L
Si nature Date
This application must be returned to the Personnel Office, Morro Bay
• City Hall.
Note: All appointees to the Planning Commission will be required, in
accordance with State Law, to file a "Statement of Economic Interest"
which remains available for public inspection.
Your presence at the City Council meeting for Council selection is
required.
MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - DECEMBER 29, 1992
CITY HALL CONFERENCE ROOM - 6:00 P.M.
The Morro Bay
December 1992
applicants.
ROLL CALL
PRESENT:
ABSENT:
STAFF:
PUBLIC COMMENT
City Council met at 6:10 p.m. on Tuesday, 29
for the purpose of interviewing advisory board
William Yates
Colby Crotzer
Ben Luna
Susan Mullen
Ahnawake Unger
Forrest Henderson
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
No public comment was received.
PUBLIC HEARINGS
No public hearings, reports, and appearances were given at the
meeting except item D-1.
D-1 INTERVIEW CANDIDATES FOR APPOINTMENT FOR VARIOUS ADVISORY
BOARDS
The City Council interviewed advisory board applicants as
follows:
HARBOR ADVISORY BOARD
The City Council interviewed Harbor Advisory Board applicants
Paul Cueni, Dean Tyler, Steven Wise, and Jack Curry. Applicant
Doug Riddell was not available for interview.
At the conclusion of the interviews the City Council appointed
Paul Cueni, Dean Tyler and Steven Wise to serve as members of the
Harbor Advisory Board. Their terms will expire 12-31-96.
n
U
MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - DECEMBER 29, 1992
PAGE 2
• PLANNING COMMISSION
The City Council interviewed Donald Doubledee, Charles Reasor and
William Campbell for Planning Commission. At the conclusion of
the interviews the City Council appointed Charles Reasor to serve
on the City Planning Commission with the term expiring 12-31-96.
At the conclusion of this matter of business, City Council took a
five minute break. At the conclusion of the break, the City
Council asked that any Planning Commission sub -committee that may
be formed on an ad -hoc basis should utilize the interest and
skills of Don Doubledee and Bill Campbell. The Council asked the
Mayor to send letters to both these gentlemen to that effect.
RECREATION AND PARKS
The Recreation and Parks Commission had five applicants, however
the Mayor appointed Linda Merrill to serve as the youth
representative and Dixon Hafley to serve as the senior
representative. Council then interviewed Leabah Winter. Norm
Jacobson and Joe Merriman for the remaining two positions, with
both Leabah Winter and Joe Merriman being appointed to serve on
the Recreation and Parks Commission as members at large.
• WATER ADVISORY BOARD
There were two positions on the Water Advisory Board. Since there
was only one application, Mayor
Yates on behalf of the City Council telephoned Mr. Norman
Jacobson to solicit his interest to serve on the Water Advisory
Board, to which Mr. Jacobson was favorable.
Mr. Herb Haley was unable to be at the meeting to be interviewed
for a Water Advisory Board position, however the Mayor telephoned
him at the request of the City Council to solicit Mr. Haley's
interest. Mr. Haley indicated that he would be glad to serve on
the Water Advisory Board.
The Mayor and City Council appointed both Herb Haley and Norman
Jacobson to serve on the Water Advisory Board with terms expiring
12-31-95.
COMMUNITY PROMOTIONS COMMITTEE
The City Council interviewed John Zaver, Margaret O'Neill and
Roger Anderson as candidates to serve on the Community Promotions
Committee. Ms. Nan Clark was interviewed by speaker phone from
the City Administrator's office.
0
•
•
0
MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - DECEMBER 29, 1992
PAGE 3
At the conclusion of the interviews the City Council appointed
Nan Clark, John Zaver, and Roger Anderson to serve on the
Community Promotions Committee. With Mr. Zaver and Mr.
Anderson's terms expiring 12-31-96, and Ms. Clark's position
expiring 12-31-94.
STREET AND TREES COMMITTEE
The City Council interviewed Robert McCay to serve on the Street
and Trees Committee.
Ms. Laurice Walsh failed to show for her interview. Paul
Donnelly and Gary Broering had both applied for this committee
but each was out of town and unable for an interview.
At the conclusion of Mr. McCay's interview, the City Council
appointed Robert McCay and Paul Donnelly to serve on the Street
and Trees Committee.
At the conclusion of this business the Mayor requested that a
joint meeting be set with the Community Promotions Committee in
an evening setting.
Staff indicated that this would be conveyed to the Community
Promotions Committee to set a time to meet with the City Council.
Both Solid Waste Management Board and the TV Franchise and
Services Board had received no applications consequently, no
interviews were held.
MOTION: Councilmember Mullen moved the meeting be adjourned The
motion was seconded by Councilmember Crotzer and
unanimously carried. f5-9j 4-0
The meeting adjourned at 9:58 p.m.
Recorded by:
BRIDG TT DAVIS
Deputy City Clerk
E
Z.ex,e, . �B , t9Rt_
CITY OF MORRO BAY
is PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the regular Morro Bay City
Council meeting scheduled for Monday, 28 December 1992, has
been cancelled by order of the City Council. The next City
Council meeting will be held Monday, it January 1993,
beginning at 6:00 p.m. in the Veterans Memorial Hall, 209
Surf Street, Morro Bay.
DATED: December 3, 1992
9911i �-
Ardith Davis, City Clergy
City of Morro Bay, CA
n
0
NOT = C E OF ADJOURNED REGULAR MEET = NG
•
NOTICE IS HEREBY GIVEN that Council adjourned their regular
meeting of December 14, 1992 to Friday, December 18, 1992 at 3:15 p.m.
in the City Hall Conference Room, 595 Harbor Street, Morro Bay,
California, for the purpose of holding a Closed Session on the
following items:
•
1. GOVERNMENT CODE §54956.9(A), PENDING LITIGATION:
♦ CITY OF MORRO BAY V. CALIFORNIA COASTAL COMMISSION, CASE NOS.
120512 AND 121637, SANTA CRUZ COUNTY SUPERIOR COURT
♦ CAYUCOS SANITARY DISTRICT V. CITY OF MORRO BAY, CASE NO. 2
CIVIL B067184, PENDING IN THE COURT OF APPEAL FOR THE STATE OF
CALIFORNIA, SECOND APPELLATE DISTRICT; AND, CAYUCOS SANITARY
DISTRICT V. CALIFORNIA COASTAL COMMISSION, CASE NO. 17030, SAN
LUIS OBISPO SUPERIOR COURT
2. GOVERNMENT CODE §54956.9(B)(1), SIGNIFICANT EXPOSURE TO
LITIGATION EXISTS
After Council adjourns from Closed Session to public session, Council
will consider and act upon the following item:
RESOLUTION NO. 151-92 ANNOUNCING FINDINGS FOR ALLOCATION OF WATER
EQUIVALENCIES FROM PARK RETROFIT TO MARINA SQUARE PROJECT
DATED: December 15, 1992
WILLIAM YATES, Mayor
City of Morro Bay, California
"ate- a
By: BridgeU Davis
Deputy City Clerk
MINUTES - MORRO BAY CITY COUNCIL
ADJOURNED REGULAR MEETING - DECEMBER 18, 1992
CITY HALL CONFERENCE ROOM - 3:30 P.M.
Mayor Yates called the meeting to order at 3:30 p.m.
PRESENT: William Yates Mayor
Colby Crotzer Councilmember
Ben Luna Councilmember
Susan Mullen Councilmember
Ahnawake Unger Councilmember
ABSENT: None
STAFF: Forrest Henderson City Administrator
Judy Skousen City Attorney
CLOSED SESSION
1. GOVERNMENT CODE § 54956.9(A), PENDING LITIGATION:
♦ CITY OF MORRO BAY V. CALIFORNIA COASTAL COMMISSION,
CASE NOS. 120512 AND 121637, SANTA CRUZ COUNTY SUPERIOR
COURT
♦ CAYUCOS SANITARY DISTRICT V. CITY OF MORRO BAY, CASE
NO. 2 CIVIL B067184, PENDING IN THE COURT OF APPEAL FOR
THE STATE OF CALIFORNIA, SECOND APPELLATE DISTRICT; AND
CAYUCOS SANITARY DISTRICT V. CALIFORNIA COASTAL
COMMISSION, CASE NO. 17030, SAN LUIS OBISPO SUPERIOR
COURT
2. GOVERNMENT CODE §54956.9(B)(1), SIGNIFICANT EXPOSURE TO
LITIGATION EXISTS
MOTION: Councilmember Mullen moved the meeting be adjourned to
Closed Session. The motion was seconded by
Councilmember Unger and unanimously carried. (5-0)
Mayor Yates read the Closed Session statement.
The meeting adjourned to Closed Session at 3:30 p.m. and returned
to regular session at 4:50 p.m.
Mayor Yates opened a meeting for public comment.
. Nelson Sullivan spoke. Mr. Sullivan asked if everyone was clear
on his position and the letter he had submitted. The City
Council indicated that they did indeed receive the letter and
they did understand Mr. Sullivan's position. Mr. Sullivan then
1
• said there was not much to add to what he had in the letter, and
he quoted the second page of Gary Napper's letter, indicating
that he agreed with Gary Napper on this issue to make a bonafide
application.
Councilmember Crotzer asked Nelson Sullivan to read the quote.
Nelson Sullivan read the quote, and then asked about problems
with the Coastal Development Permit (CDP) and the 1-1/2 to 1
allocation ratio when the CDP requires 2 to 1 and stated that
this made the allocation given to Marina Square an illegal
allocation, and that the last two City Councils were wrong in
what they did.
Councilmember Unger asked if the City did not do the retrofits,
and the response to this question was no the retrofits have not
yet been done.
Nelson Sullivan indicated that this was a big problem, because
retrofits had not been done but yet were approved and then the
allocation was made. Mr. Sullivan indicated there was no way
this project (Marina Square) can be done because the allocation
was not made before Measure I was adopted, and the allocation was
never an allocation. Mr. Sullivan then thanked the City Council
for the opportunity to be able to discuss the matter with
Council.
Dale Mitchell, attorney for Marina Square, asked about the letter
that he had submitted regarding Marina Square's position, and
that it was also his position that the previous Council had
allocated the water to the project. Mr. Mitchell made the point
that the Council made a decision then a court will not interfere
with that decision.
Councilmember Unger asked if there were no allocations until work
was done then how could this project be approved.
City Attorney Judy Skousen indicated that there were no cases of
law on this point, and that the City water rules are contained
partially in ordinances and resolutions, and that custom and
normal usage would permit the park retrofit program.
Mr. Mitchell indicated that this practice has been followed
elsewhere.
City Attorney Judy Skousen indicated that no allocations had been
given out because of the drought, and that is one of the reasons
that this project was prevented through park retrofit.
Nelson Sullivan said that he was told by Marci Laurent of the
Community Development Department that an allocation had been made
. to a Bed and Breakfast by mistake by Bill Farrel.
• Stan Trapp, applicant, vocalized his opposition to Mr. Sullivan's
implication that Marina Square had not attempted to pay the City.
Mr. Trapp emphasized that he had relied on Gary Napper's letter
which indicated that water was available for the project.
Mr. Sullivan indicated that Mr. Napper's quote is operative here
and is not in line with what we are hearing today.
This represented the close of Public Comment and Mayor Yates
brought the matter back to Council for discussion.
Councilmember Mullen indicated that she had asked for the Closed
Session so that the new councilmembers could gain some
sensitivity to the voter's initiative in Morro Bay.
Councilmember Mullen indicated that the Council needed to be
better informed. Councilmember Mullen indicated she had weighed
this issue very carefully, and that water was allocated in 1989,
and that even though she had gone through some serious soul-
searching on the matter, she felt that water should be allocated
to the project and that everyone get on with life and move
forward. Councilmember Mullen indicated that she would support
the water availability fees as of 1989.
Councilmember Luna indicated that essentially bad decisions had
been made in the past, and that he agreed with the 1989 position
that water had been allocated. Mr. Luna indicated he would not
support the allocation of water without a current availability
water fees being applied to the project.
Councilmember Unger asked for the difference in cost in the water
availability fees between the present time and 1989.
Councilmember Mullen responded that there were no water
availability fees set in 1989. Councilmember Luna indicated that
water availability fees were contained in a staff proposal that
was yet forthcoming.
Councilmember Crotzer indicated that he had studied this issue
previously and indicated that he was clear that the previous
council had allocated water in 1989, and further that the City
had given Stan Trapp the opportunity with this program to develop
his project, and Mr. Crotzer indicated because of this he would
honor that action. Mr. Crotzer indicated that he was not
thoroughly clear on the fees, saying that they seemed high but
some fees should be charged everyone. Mr. Crotzer indicated that
this whole project is one of favoritism. However, Mr. Crotzer
said that an action of another council directs any decision that
he would make this evening.
Mayor Yates asked the applicant how much money they were to pay
in fees. Mr. Trapp indicated that he had approximately paid
• * $400,000 in various fees and that the signed agreement indicated
$53,000 for the retrofit. Mayor Yates indicated if the City went
*corrected Council meeting of January 11, 1993; figure should read "$600,000".
41
•
back to the 1989 position, that Mr. Trapp has paid enough to the
City already.
Councilmember Luna indicated he felt there was a problem with
equitability and would desire to have an across the board
approach on fees.
MOTION: Councilmember Mullen made a motion to approve
Resolution No. 151-92 with an amendment, which reads as
follows:
WHEREAS, the City Council has several times
reconsidered the effect of the action taken October 30,
1989 and each time has clarified that such action did
in fact constitute an award of 13.26 water
equivalencies sufficient for the approved project and
that such water availability fees as existed in October
1989 also apply; and
The motion was seconded by Councilmember Unger and a
roll call vote was taken as follows: Councilmember
Crotzer - yes; Councilmember Luna - no; Councilmember
Mullen - yes; Councilmember Unger - yes, and Mayor
Yates - yes.
Mayor Yates admonished Nelson Sullivan to please consider
carefully his thoughts on this matter before considering any
action.
Mr. Sullivan indicated he was amazed the City Council agreed to
the 2 to 1 water equivalency ratio.
Councilmember Mullen said that she can't justify the legal costs
to go back, and thinks any court would say there was an
administrative error made by the City.
Mayor Yates indicated that the new City Council is attempting to
work with matters such as dealing with this one on a high ethical
plane.
Councilmember Mullen indicated
water, the City Council should
and that she personally finds it
current situation.
that any matter regarding City
carefully consider its decisions
very difficult to deal with this
Nelson Sullivan expressed that he felt he had been too hard-nosed
on this topic.
Councilmember Mullen indicated that the City did not ask Mr.
Trapp, but the letter from Gary Napper did say "you've got the
water".
4
• Councilmember Crotzer indicated that it is difficult when the
Morro Bay City Council will say one thing, then do another, which
causes polarized points of view in our community which creates
conflict, and that the current five councilmembers are striving
to heal and create a better Morro Bay for everyone.
MOTION: Councilmember Unger moved
The motion was seconded
carried. (5-0)
The meeting adjourned at 5:20 p.m.
corded by: ��—
FORREST W. HENDERSON
Deputy City Clerk
i
0
the meeting be adjourned.
by Luna, and unanimously
5
9
City Of Morro Bay
City Council Agenda
i
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 - DECEMBER 14, 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 COUNTY SUPERIOR COURT
♦ CA1 COS SANITARY DISTRICT V CITY OF MORRO BAY, CASE NO. 2 CIVIL
B067184, PENDING IN THE COURT OF APPEAL FOR THE STATE OF
CALIFORNIA, SECOND APPELLATE DISTRICT; AND, CAYUCOS SANITARY
DISTRICT V CALIFORNIA COASTAL COMMISSION, CASE NO. 17030, SAN LUIS
OBISPO SUPERIOR COURT
E-2 GOVERNMENT CODE 454957, PERSONNEL
REGULAR MEETING - DECEMBER 14, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
• 209 SURF ST., MORRO BAY, CA
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
PRESENTATION: PRESENTATION OF ANDY ZATKO TROPHY TO NEW MAYOR AND CITY
COUNCIL (GERALDINE PRICE)
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.
rVINER"Mr-M, •S
Unless an item is pulled for separate action by the City Council, the
following actions are approved without discussion.
A-1 CITY COUNCIL MINUTES FROM THE MEETING OF NOVEMBER 23, 1992, THE
SPECIAL MEETING OF DECEMBER 1, 1992, AND CLOSED SESSION MEETING OF
DECEMBER 3, 1992
4-2 STATEMENT OF INVESTMENTS - NOVEMBER 1992
6-3 EXPENDITURE REPORT - NOVEMBER 1992
A-4 ACCEPTANCE OF RESIGNATION FROM RECREATION AND PARKS COMMISSION (YOUNG;
CROTZER)
A-5 WATER SUPPLY STATUS REPORT
A-6 NOTICE OF COMPLETION FOR PROJECT NO. PW 90-12, MAINTENANCE YARD
FUELING EQUIPMENT
A-7 REQUEST FOR WAIVER OF FIRE EQUIPMENT STAND-BY FEE (ANNUAL CALVARY
BAPTIST CHURCH CHRISTMAS TREE BURN)
A-8 RESOLUTION NO. 149-92 SUPPORTING COUNTY OF SAN LUIS OBISPO'S JOINT
APPLICATION FOR PROPOSED CENTRAL COAST RECYCLING MARKET DEVELOPMENT
ZONE
A-9 SET DATE TO INTERVIEW ADVISORY BOARD APPLICANTS
B. UNFINISHED BUSINESS
B-1 RESOLUTION NO. 151-92 ANNOUNCING FINDINGS FOR ALLOCATION OF WATER
EQUIVALENCIES FROM PARK RETROFIT TO MARINA SQUARE PROJECT
B-2 ORDINANCE NO. 425 ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO
it BAY
AN ERROR IN LANGUAGE OF ORDINANCE NO. 394 AMENDING THE MORRO
BAY MUNICIPAL CODE CHAPTER 13.20.080A, B.1, AND B.2 (SECOND
READING/ADOPTION)
C. NEW BUSINESS
C-1 APPROVAL OF SELECTION OF CONSULTANT FOR WATER MANAGEMENT PLAN AND
AUTHORIZATION TO NEGOTIATE CONTRACT
C-2 APPROVAL OF MAINTENANCE IMPACT STATEMENT FOR TIDELANDS PARK
C-3 CONSIDERATION OF CHANGING THE NAME OF "ANCHOR MEMORIAL PARK" TO "ANDY
ZATKO MEMORIAL PARK", AND REQUEST FOR CONSIDERATION OF ADDITIONAL
MEMORIAM
C-4 DETERMINATION OF COUNCIL REPRESENTATIVES ON INTER/INTRA AGENCY
COMMITTEES
D. PUBLIC HEARINGS REPORTS & APPEARANCES
D-1 REQUEST FOR EXTENSION OF LEASE OPTION FOR LEASE SITE 49/49W
(ENVIRONMENTAL RESEARCH CENTER, APPLICANT)
rj
2
D 2 PUBLIC HEARING ON APPEALS FOR CASE NO. PM 04-92 (VESTING/CDP 43-92;
to REQUEST FOR A VESTING TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT
PERMIT TO SUBDIVIDE ONE EXISTING 177.23 ACRE PARCEL INTO THREE PARCELS
OF 17.50 ACRES; 3.18 ACRES; 7.12 ACRES, WITH A REMAINDER PARCEL OF
147.44 ACRES FOR PROPERTY LOCATED AT THE EASTERN TERMINUS OF MORRO BAY
BLVD. AT HIGHWAY ONE (MERRILL WILLIAMS, TRI W ENTERPRISES, APPLICANT;
TRI W ENTERPRI SES/CHRI STINE J. GRANADOS/PETER DIFFLEY, APPELLANTS)
ENVIRONMENTAL DETERMINATION: PREVIOUS EIR PREPARED FOR CONCEPT PLAN
(PULLED; ITEM WILL BE RESCHEDULED ON 11 JANUARY 1992 AGENDA)
D-3 CONSIDERATION OF RECREATION AND PARKS COMMISSION RECOMMENDATION TO
ESTABLISH A REQUIREMENT FOR ALL CATERERS USING CITY FACILITIES TO BE
PRE -APPROVED
D-4 RESOLUTION NO. 150-92 APPROVING THE SITE DEVELOPMENT REPORT (MASTER
PLAN) FOR PUBLIC PARK IN CLOISTERS SUBDIVISION
D-5 PUBLIC HEARING ON REQUEST FOR MAJOR MODIFICATION TO AN APPROVED
CONCEPT PLAN CONDITIONAL USE PERMIT, COASTAL DEVELOPMENT PERMIT, AND
TENTATIVE MAP FOR A SUBDIVISION OF AN 84.4 ACRE PARCEL INTO 120
RESIDENTIAL LOTS AND OPEN SPACE (CASE NO. CUP 28-90/CDP 42-90/TM 01-
90; CLOISTERS, APPLICANT) CEQA DETERMINATION: PREVIOUS CERTIFIED EIR)
D-6 PRELIMINARY PRESENTATION OF THE DRAFT PARKING MANAGEMENT PLAN AND
DISCUSSION OF DESIGN ASSISTANCE FROM THE CALIFORNIA STATE COASTAL
CONSERVANCY
0-7 PUBLIC HEARING ON ORDINANCE AMENDING CHAPTER 12.08 AND ADDING CHAPTER
12.09 TO THE MORRO BAY MUNICIPAL CODE, TREES (CEQA DETERMINATION:
EXEMPT) INTRODUCTION/FIRST READING
D-8 DISCUSSION OF WATER AND SEWER AVAILABILITY CHARGES
F. ADJOURNMENT
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION
RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS
AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND
AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT
COST.
0
6
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION - DECEMBER 14, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
Mayor Yates called the meeting to order at 5:15 p.m.
PRESENT: William Yates
Colby Crotzer
Ben Luna
Susan Mullen
Ahnawake Unger
ABSENT: None
STAFF: Forrest Henderson
Judy Skousen
E. CLOSED SESSION
0
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
City Attorney
MOTION: Councilmember Mullen moved the meeting be adjourned to
Closed Session. The motion was seconded by
Councilmember Unger and unanimously carried. (5-0)
Mayor Yates read the Closed Session statement.
The meeting adjourned to Closed Session at 5:20 p.m. and returned
to regular session at 5:48 p.m.
F. ADJOURNMENT
MOTION: Councilmember Mullen moved the meeting be adjourned.
The motion was seconded by Councilmember Luna and
unanimously carried. (5-0)
The meeting adjourned at 5:49 p.m.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - DECEMBER 14, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Yates called the meeting to order at 6:00 p.m.
ROLL CALL
PRESENT: William Yates
Mayor
Colby Crotzer
Councilmember
Ben Luna
Councilmember
Susan Mullen
Councilmember
Ahnawake Unger
Councilmember
ABSENT: None
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - DECEMBER 14, 1992
• PAGE 2
STAFF: Forrest Henderson
City Administrator
Judy Skousen
City Attorney
Rick Algert
Harbor Director
Jon Crawford
Public Works Dir.
Bridgett Davis
Deputy City Clerk
Don Funk
Comm. Dev. Dir.
Dave Howell
Police Chief
Jeff Jones
Fire Chief
Steve Wolter
Rec. & Parks Dir.
Father Colm O'Connor of St. Joseph's Catholic Church in Cayucos
gave the invocation, and Horace Strong led the Pledge of
Allegiance.
ESENTATIONS
Mayor Yates introduced Geraldine Price who presented Andy Zatko's
"bootleg liquor" trophy to the new Mayor and City Council.
Mayor Yates stated in the future a new item will be placed on the
agenda to start out the meetings on a light tone. He introduced
Gary Ryan as the first to present his "joke d'jour".
PUBLIC COMMENT
1. Mary Phillips stated if the monument at Anchor Memorial Park
were to be painted gold it would last up to 20 years. She said
Gary Ryan of Goofy Graphics could paint it for $250. She also
commented that Andy Zatko had previously asked for this to be
done.
2. Roger Ewing stated a new launch ramp is needed in a location
other than Anchor Rock due to a kelp bed that is growing at that
location. He said the area north of the PG&E site across from
Coleman Park would be ideal for a launch ramp as well as a haul -
out facility.
3. Nelson Sullivan stated he requested in writing the subject
of Item B-1 (Allocation of Water Equivalencies from Park Retrofit
to Marina Square Project) be agendized as a Public Hearing item
but was informed that his request was too late. He asked Council
to conform to Measure I which prohibits this allocation and also
asked Council to vote to agendize this item as a Public Hearing.
He said if Council goes ahead with the illegal allocation, he
will go to court for a Writ of Mandate.
DECLARATION OF FUTURE AGENDA ITEMS
0 None.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - DECEMBER 14, 1992
• PAGE 3
A. CONSENT CALENDAR
A-1 CITY COUNCIL MINUTES FROM THE MEETING OF NOVEMBER 23
THE SPECIAL MEETING OF DECEMBER 1. 1992, AND CLOSED SESSION
MEETING OF DECEMBER 3 1992
Mr. Henderson recommended Council approve the minutes as
submitted.
A-2 STATEMENT OF INVESTMENTS - NOVEMBER 1992
Mr. Henderson recommended Council receive the November 1992
Statement of Cash and Investments for file.
A-3 EXPENDITURE REPORT - NOVEMBER 1992
Mr. Henderson recommended Council approve the Expenditure Report
as submitted.
A-4 ACCEPTANCE OF RESIGNATION FROM RECREATION AND PARKS
COMMISSION (YOUNG; CROTZER)
Mr. Henderson recommended Council accept the resignations of Mr.
Crotzer and Ms. Young from the Recreation and Parks Commission.
A-5 WATER SUPPLY STATUS REPORT
Mr. Henderson recommended the Council receive this status report
for file and authorize staff to give future reports on a once per
month basis.
A-6 NOTICE OF COMPLETION FOR PROJECT NO. PW 90-12, MAINTENANCE
YARD FUELING EQUIPMENT
Mr. Henderson recommended Council accept the construction of the
maintenance yard's fuel and equipment replacement project and
authorize the City Clerk to file a Notice of Completion.
A-7 REQUEST FOR WAIVER OF FIRE EQUIPMENT STAND-BY FEE (ANNUAL
CALVARY BAPTIST CHURCH CHRISTMAS TREE BURN)
Mr. Henderson recommended Council waive the Special Use Permit
and Stand-by Fees as requested by the Calvary Baptist Church for
their 8th Annual Christmas Tree Bonfire.
A-8 RESOLUTION NO 149-92 SUPPORTING COUNTY OF SAN LUIS OBISPO'S
JOINT APPLICATION FOR PROPOSED CENTRAL COAST RECYCLING
MARKET DEVELOPMENT ZONE
Mr. Henderson recommended Council consider the recommendation
given by the Solid Waste Management Board and adopt Resolution
No. 149-92 supporting the County of San Luis Obispo's joint
application for designation of the proposed Central Coast
Recycling Market Development Zone.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - DECEMBER 14, 1992
• PAGE 4
A-9 SET DATE TO INTERVIEW ADVISORY BOARD APPLICANTS
Mr. Henderson recommended Council set Tuesday 29 December 1992 at
6:00 p.m. at the City Hall Conference Room to interview
applicants for the vacancies on the City's advisory boards.
Councilmember Mullen asked that items A-1, A-5, and A-6 be pulled
for separate action.
MOTION: Councilmember Unger moved for approval of the Consent
Calendar with the exception of Items A-1, A-5, and A-6.
The motion was seconded by Councilmember Luna and
unanimously carried. (5-0)
A-1 CITY COUNCIL MINUTES FROM THE MEETING OF NOVEMBER 23 1992
THE SPECIAL MEETING OF DECEMBER 1 1992 AND CLOSED SESSION
MEETING OF DECEMBER 3 1992
Councilmember Mullen requested an amendment to Item D-1, page 7,
regarding the waiver of deposit fees for Gary Nisker. After the
motion Councilmember Mullen made a comment regarding the lack of
staffing to do credit checks.
Councilmember Mullen requested an amendment to Item D-5, page 12,
seventh paragraph regarding Attorney General's opinion being
clear, rather than the "law".
Councilmember Mullen requested an amendment to Item D-5, page 17,
to include her comments that City Attorney Skousen agreed to
support Councilmember Mullen's reconsideration motions, and what
happened between that agreement and 4:00 P.M. this afternoon.
MOTION: Councilmember Mullen moved for approval of the minutes
as amended. The motion was seconded by Councilmember
Luna and unanimously carried. (5-0)
A-5 WATERSUPPLY STATUS REPORT
Councilmember Mullen asked Public Works Director/City Engineer
Jon Crawford for clarification on the Well & Water Supply
Condition report. She asked if the City was meeting State
requirements for testing water and if there was an impact on the
City's current Level 3 Water Rationing Conditions?
Jon Crawford responded the City will still be meeting State
health requirements in testing water. Mr. Crawford stated he
recommends the City hold consistent with the Level 3 Water
Rationing Conditions since a state-wide report contends that the
State is potentially entering a 7-year drought.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - DECEMBER 14, 1992
• PAGE 5
A-6 NOTICE OF COMPLETION FOR PROJECT NO PW 90-12 MAINTENANCE
YARD FUELING EQUIPMENT
Councilmember Mullen commended staff on saving the City money in
this effort.
MOTION: Councilmember Mullen moved for approval of Items A-5
and A-6 of the Consent Calendar. The motion was
seconded by Councilmember Luna and unanimously carried.
(5-0)
B. UNFINISHED BUSINESS
B-1 RESOLUTION NO 151-92 ANNOUNCING FINDINGS FOR ALLOCATION OF
WATER EQUIVALENCIES FROM PARK RETROFIT TO MARINA SQUARE
PROJECT
City Attorney Judy Skousen explained the resolution formalizing
Council's action at their last meeting to make specific findings
for the water equivalencies awarded to the Marina Square and
Peoples Self Help Housing projects from park retrofit.
Mayor Yates asked if the allocation of water to this project
meets the requirements of Measure I? Ms. Skousen explained the
water equivalencies were awarded to the Marina Square Project
before Measure I became effective; Peoples Self Help Housing is
exempt from Measure I. Councilmember Crotzer asked about the
water equivalency allocation process. Ms. Skousen responded that
once a project has received its approvals, the applicant submits
their retrofit program, then the retrofit program is approved and
water is awarded to the project. The permits are not issued
until the water is allocated.
Councilmember Mullen stated that at the last meeting she
requested specific findings to be included in the resolution to
clarify the allocation process. The finding should read as
follows: WHEREAS, the City Council has determined that the water
availability fees as of October 30, 1989 also apply to this
project and because they are paying for a retrofit, no
availability fee is required of this project.
Councilmember Mullen asked if this would better protect the City
in the event someone files a Writ? Ms. Skousen suggested Council
discuss this potential litigation problem in Closed Session.
There was discussion regarding this matter with Council decision
to continue it to Friday, December lath, discuss it in Closed
Session, and then return to regular session for action.
MOTION: Councilmember Unger moved to continue this item to an
Adjourned Regular Meeting on Friday, December 18, 1992.
The motion was seconded by Councilmember Luna and
unanimously carried. (5-0)
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - DECEMBER 14, 1992
• PAGE 6
B-2 ORDINANCE NO 425 ANNOUNCING FINDINGS AND ADOPTING
AMENDMENTS TO CORRECT AN ERROR IN LANGUAGE OF ORDINANCE NO.
394 AMENDING THE MORRO BAY MUNICIPAL CODE CHAPTER
13 20 080A B 1 AND B 2 (SECOND READING/ADOPTION)
Mr. Henderson stated• this is the second and final reading of
Ordinance No. 425 to correct language in Ordinance No. 394.
MOTION: Councilmember Mullen moved Ordinance No. 425 be read by
title and number only. The motion was seconded by
Councilmember Luna and unanimously carried. (5-0)
Mr. Henderson read Ordinance No. 425 by title and number only.
MOTION: Councilmember Mullen moved for the adoption of the
second and final reading of Ordinance No. 425. The
motion was seconded by Councilmember Luna and
unanimously carried. (5-0)
C. NEW BUSINESS
C-1 APPROVAL OF SELECTION OF CONSULTANT FOR WATER MANAGEMENT
PLAN AND AUTHORIZATION TO NEGOTIATE CONTRACT
Public Works Director/City Engineer Jon Crawford reviewed the
Request for Proposals on the Water Management Plan. Mr. Crawford
is recommended the Council approve the selection of Boyle
Engineering Corporation for the preparation of the City's
critically needed update of the Water Management Plan.
Mayor Yates asked about the ability to prepare this plan in-
house? Mr. Crawford responded the Public Works Department is
under -staffed at this time and does not have the specialty
expertise for certain aspects of the Water Management Plan.
Councilmember Unger asked Mr. Crawford about $65,000 being over
the budget allocated to this project? Mr. Crawford reviewed the
funding for this project. Councilmember Luna asked how much
historical data Boyle Engineering will use? Mr. Crawford
commented that they will use as much as possible, reviewing
zoning and historical water usage parcel by parcel.
MOTION: Councilmember Mullen moved the Council approve the
selection of Boyle Engineering Corporation to prepare
the Water Management Plan, authorized staff to
negotiate the agreement, and the City Administrator to
sign the agreement. The motion was seconded by
Councilmember Luna and carried with Councilmember Unger
voting no. (4-1)
Mayor Yates announced that Council would discuss items C-2, C-3,
and C-4 at the end of Public Hearings.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - DECEMBER 14, 1992
PAGE 7
• D. PUBLIC HEARINGS. REPORTS & APPEARANCES
D-1 REQUEST FOR EXTENSION OF LEASE OPTION FOR LEASE SITE 49 49W
(ENVIRONMENTAL RESEARCH CENTER, APPLICANT)
Harbor Director Rick Algert reviewed the request for extension of
the lease option agreement for Lease Sites 49/49W. Mr. Algert
stated in 1990 the City approved a three-year option for the
Morro Bay Environmental Research Center (MBERC) to lease the site
which will expire on January 1, 1993. The option agreement
included a proposed lease and gave the MBERC the right to
exercise the lease anytime during the three year period while
they attempted to raise funds and secure final permits and
approvals for construction and operation of the center.
Councilmember Unger asked if the Council did not take action to
renew the lease option, would the site still be reserved as a
marine research center? Mr. Algert responded that in 1986 the
Council passed a resolution designating the lease site as a
marine environmental research center.
Councilmember Luna asked if the option is extended, would rent be
required? Mr. Algert responded it is recommended if the lease is
extended, MBERC would be charged rent at fair market value
(approximately $4,000 per year upon initiation).
AlCouncilmember Unger asked Attorney Skousen if the Council was
unable to extend the lease option? Ms. Skousen replied the
option provides specifically it shall not be extended; however,
there is nothing to prohibit Council from directing staff to
negotiate a new option.
Councilmember Crotzer asked if other research groups have
inquired about this site? Mr. Algert responded he was not aware
of any; however, a number of potential groups might desire use of
this site depending on how broad the Council interprets what a
marine environmental resource designation means. Councilmember
Crotzer stated if the Council allows an amendment to the wording
"option not to be renewed at this time", that is the only portion
of the lease option that would need to be negotiated.
Councilmember Crotzer also stated this is the prime type of use
for this site.
Mayor Yates opened the hearing to the public for comments.
Gene Doughty, Land/Sea Interface, addressed the Council by
reviewing the lease option, work performed during the lease
period, and funding needed to complete the project. Mr. Doughty
stated the Coastal Commission approved the project last week.
Mayor Yates asked what will be inside the building? Mr. Doughty
responded the first floor will have a scientific bookstore; a
research lab open to the public will be located on the waterside
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - DECEMBER 14, 1992
• PAGE 8
of the building; and upstairs will consist of an educational lab
with computer terminals which will be open to school groups as
well as the public.
Councilmember Luna asked once the project is built, what funds
will sustain the project? Mr. Doughty responded funds will come
from the bookstore, grants, and from school groups and others who
use the facility. Councilmember Luna asked if the MBERC is
compatible to the tourist -fishing industry as well as being
research -oriented? Mr. Doughty responded affirmative; however,
if lease payments are required, it will cut into their project.
Councilmember Mullen asked what the difference would be if the
Council does not renew the lease option but leaves the
designation on the lease site as marine research? Mr. Doughty
stated the Coastal Commission placed a condition that the lease
agreement remain intact. Mr. Doughty also stated a lease is
required to obtain funding.
Councilmember Unger asked when permits were first obtained? Mr.
Doughty responded the MBERC had first applied with the City in
1989. Councilmember Unger asked how many more permits were
required? Mr. Doughty responded they need to go back to State
Lands to obtain a formal agreement to place the eel grass, and
• they need a written statement from the Water Quality Control
Board. Councilmember Unger asked when they anticipate
construction to begin? Mr. Doughty responded construction should
begin in Fall 1994. Councilmember Unger stated a new option
should include a six month review.
Mr. Doughty reviewed their financial requirements to Council as
follows: upon approval of the lease option, the financial aspect
of the lease option would be implemented within six months;
within the next six months the building plan fee for the eel
grass bonding would be implemented; and within the last year the
final building evaluation fees would be implemented.
Mr. Algert stated the lease is clear the bonding is for 100% of
the estimated total construction cost and an additional
requirement for 50% for labor and materials.
Tom Richards, Director of MBERC, stated there is no marine
research facility available in the area and it has been difficult
to obtain support for this facility. He also stated he would
like a location for people to come to study marine -biology.
Lynda Merrill asked how much footage per land use is required by
the City? Don Funk, Community Development Director, responded
there are two zones involved; waterfront zone and harbor zone.
The harbor zone supports this project. There is no specific
allowance for amount of building area. Ms. Merrill asked what is
the proposed height of the building? Tom Richards responded the
highest point is 31.6 feet.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - DECEMBER 14, 1992
• PAGE 9
Nancy Bast commented this is the best use for the site. The
project will enlighten people of the ocean and its surroundings.
She asked the Council not to abandon the lease.
Roger Ewing stated his support for the project. He commented that
the legal matters of the lease need to be addressed.
Reg Whibley asked Council to consider the precedence that has
been set. He stated within the 3-year option, others have been
denied the use of this building. Mr. Whibley stated he supports
a marine research facility but this is not the proper location.
Mr. Whibley stated there is a potential parking problem.
Councilmember Unger asked if the project could be relocated? Tom
Richards responded it could be relocated, but he would like to
incorporate this proposed project into Tidelands Park.
Councilmember Mullen asked if the size of the project could be
down -scaled to make it more financially possible? Mr. Richards
responded the figures have been revised and their budget is more
realistic. Councilmember Mullen asked staff to clarify the lease
option regarding change of use. Rick Algert responded the use
was predicated on the marine research and education facility; any
other use could terminate the lease agreement and the site would
revert to the City.
Councilmember Luna asked for clarification on legal issues.
Attorney Skousen responded that legally all matters have been
met. Ms. Skousen stated it is unusual to grant an option for
this period of time for $1.00, but the overriding public benefits
encourage a marine research center.
Councilmember Mullen asked about the six-month time limit for
bonding? Mr. Doughty responded this time limit is the end of
their Concept Plan approval.
Mayor Yates closed the public hearing, and called for a break at
8:07 p.m. The meeting resumed at 8:23 p.m.
MOTION: Councilmember Luna moved to authorize staff to
negotiate a new option agreement with the Morro Bay
Research Center not to exceed two years. Councilmember
Crotzer seconded the motion.
MOTION: Councilmember Unger moved to amend the motion to
include a periodic review every six months.
Councilmember Crotzer seconded the amendment.
Councilmember Mullen asked if the item would come back for public
. hearing or would it be a progress report? Councilmember Unger
stated she would like a public hearing review every six months.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - DECEMBER 14, 1992
• PAGE 10
Councilmember Mullen asked if Council does not renew the lease
option, and the designation is left as marine research, would it
allow others to propose the same use? Rick Algert responded
affirmative.
Mayor Yates stated although he supports the concept of a marine
research center, he is concerned about extending the option when
the agreement states there will be no extension. The site has
been tied up for three years at $1.00 per year and now Council is
considering another two years. Rick Algert clarified that as a
part of a new option, rent based on fair market value could be
assessed.
MOTION: Councilmember Mullen moved that Council create a new
option that contains the following requirements:
within six months obtain financial bonding for
construction of the building; 12 months on the eel
grass bonding; 24 months on the payment of in -lieu
fees; option fee will be negotiated between staff and
the individuals creating the research lab to compensate
the City for the option at less than the proposed lease
amount; and every six months a report come back to
Council for public hearing. This option will be
negotiated by staff and brought back to Council in
Closed Session to give direction to staff, then it will
be presented in public hearing. The motion was
seconded by Councilmember Luna. Councilmember Unger
said she is in favor of the project, however, the
original option was unusual and special. She does not
believe it is fair to other people who may want this
piece of real estate. The motion carried with
Councilmember Unger and Mayor Yates voting no. (3-2).
D-2 PUBLIC HEARING ON APPEALS FOR CASE NO. PM 04-92 (VESTING/CDP
43-92• REQUEST FOR A VESTING TENTATIVE PARCEL MAP AND
COASTAL DEVELOPMENT PERMIT TO SUBDIVIDE ONE EXISTING 177.23
ACRE PARCEL INTO THREE PARCELS OF 17.50 ACRES; 3.18 ACRES;
7.12 ACRES WITH A REMAINDER PARCEL OF 147.44 ACRES FOR
PROPERTY LOCATED AT THE EASTERN TERMINUS OF MORRO BAY BLVD
AT HIGHWAY ONE (MERRILL WILLIAMS, TRI W ENTERPRISES.
APPLICANT• TRI W ENTERPRISES/CHRISTINE J. GRANADOS/PETER
DIFFLEY APPELLANTS) ENVIRONMENTAL DETERMINATION: PREVIOUS
FTR PREPARED FOR CONCEPT PLAN (PULLED• ITEM WILL BE
RESCHEDULED ON 11 JANUARY 1992 AGENDA)
This public hearing was continued to the January 11, 1993 City
Council meeting.
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - DECEMBER 14, 1992
• PAGE 11
D-3 CONSIDERATION OF RECREATION AND PARKS COMMISSION
RECOMMENDATION TO ESTABLISH A REQUIREMENT FOR ALL CATERERS
USING CITY FACILITIES TO BE PRE -APPROVED
Recreation and Parks Director Steve Wolter reviewed the
Recreation and Parks Commission's request to adopt a policy
requiring all caterers utilizing City facilities to be pre -
approved by providing the City with proof of a Morro Bay business
license, County health permit, and a liability insurance
endorsement of $1,000,000.
Councilmember Luna asked what the cost of liability insurance
would be to caterers? Mr. Wolter stated he did not know.
Councilmember Luna asked once the caterer list is established,
would it be exclusive or could other caterers be added. Mr.
Wolter responded any caterer meeting the requirements could be
added to the list. Councilmember Luna asked if outdoor parks
were included? Mr. Wolter responded no because parks do not have
the risk exposure. Councilmember Luna asked about non-profit
exemption? Mr. Wolter stated that the intent is that any non-
profit group or private group who do their own cooking will be
exempt from these requirements.
Councilmember Crotzer asked how much insurance would cost
caterers? Mr. Henderson responded the City belongs to a JPA
group for insurance purposes. The million dollar limit is the
minimum which is acceptable to agencies and individuals who deal
within the JPA. The premium will vary with different A -rated
insurance companies.
Mayor Yates opened the hearing to the public for comments.
John Russikoff asked when a person is considered a caterer? Mr.
Wolter responded that a caterer would be someone who provides a
full service meal which requires utilizing a City -facilitated
kitchen. Mr. Russikoff asked staff to create a policy which
defines the term "caterer".
Councilmember Unger asked why this item is on the agenda? Mr.
Wolter responded the Recreation and Parks Commission is acting on
what local caterers have requested.
Frank Bodie asked why caterers from out of town would be excluded
from providing their services. Mr. Wolter responded that they
would not be excluded, but would have to meet the necessary
requirements.
Mark Allen stated the City of Morro Bay's business license
requirements are extreme.
is Mayor Yates closed the public hearing.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - DECEMBER 14, 1992
• PAGE 12
Councilmember Unger asked if a one -day insurance policy is
available? Mr. Wolter responded it is available but costly. Mr.
Henderson added he has assisted individuals with obtaining the
required insurance in the past.
Councilmember Mullen stated insurance premiums are based on the
gross sales of the business or event. Councilmember Mullen asked
if this concept has been presented to the Chamber of Commerce or
Motel/Restaurant Association? Mr. Wolter stated he has discussed
it with Suedene Nelson of the Chamber of Commerce.
Suedene Nelson of the Chamber of Commerce stated she has talked
with some local caterers who are in favor of the policy.
Councilmember Crotzer stated what the Recreation and Parks
Commission is trying to do is create a level playing field for
the caterers who work under the requirements of the City of Morro
Bay.
Mayor Yates stated his concern is towards the cost to caterers if
this policy is adopted, as well as the additional paperwork and
bureaucracy it creates.
Councilmember Mullen asked if a caterer outside of Morro Bay
would be required to have all of the licensing requirements, then
the caterers in Morro Bay who have a business license would also
be required to obtain the insurance needed to operate in a City
facility? Mr. Wolter stated this is correct in that it protects
themselves as well as the public agency. He also stated most
businesses generally carry the required amount of insurance. Mr.
Wolter also stated he will send out a form letter to caterers
pointing out the necessary requirements.
Councilmember Luna recommended the requirements exclude business
license and health permits. Insurance is the important issue as
far as the City is concerned.
Councilmember Mullen asked if other cities have these
requirements? Mr. Wolter responded that Port Hueneme and Oxnard
have these requirements.
Councilmember Luna stated he would like to see what the costs are
for an insurance policy.
MOTION: Councilmember Luna moved to continue this item, and to
return with a cost analysis of the insurance
requirement.
The motion died for lack of a second.
Is
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - DECEMBER 14, 1992
• PAGE 13
MOTION: Councilmember Crotzer moved this item be returned to
the Recreation and Parks Commission for reconsideration
along with a cost analysis of insurance requirements.
The motion was seconded by Councilmember Unger and
carried unanimously. (5-0)
D-4 RESOLUTION NO 150-92 APPROVING THE SITE DEVELOPMENT REPORT
(MASTER PLAN) FOR PUBLIC PARK IN CLOISTERS SUBDIVISION
Recreation and Parks Director Steve Wolter reviewed Resolution
No. 150-92 which adopts the Site Development Report for the
public park in the Cloisters Subdivision.
Jeff Furber of RRM Design Group presented the proposed plan
including the Site Plan, Wetland Mitigation, and Open Space
Revegetation Plan. The vegetation planted in the park will be
California native plants. The proposed park includes a play
area; picnic areas; and trails around the park. Mr. Furber also
stated gates are proposed at staff's request leaving the park
opened to pedestrians at night.
Councilmember Luna asked about the proposed gates and their
purpose. Mr. Furber stated staff requested a gate at the
entrance of each side of the parking lot to provide night-time
6 security. Park and Recreation staff could close the gates at
night and open them in the morning.
Councilmember Mullen asked about the fencing which is proposed to
go around the perimeter of the park? Mr. Furber responded on the
west -end of the park there is a 4-foot tall fence which is
designed to allow for visual viewing as well as make people aware
of the Environmentally Sensitive Habitat Area (ESHA). The
similar fence will be located at the north -end of the park around
the wetland area.
Councilmember Unger stated her concern with blocking the view of
the coastline with construction. Councilmember Unger asked what
the cost will be to maintain this park? Mr. Furber responded
the LCP allows for an assessment district for this project.
Councilmember Unger asked about irrigation and water use? Mr.
Furber stated that water usage is a part of the Precise Plan.
The Conditional Use Permit and Coastal Development Permit require
the applicant to prepare a Concept Plan which this technical
report is a part of.
Councilmember Crotzer asked staff to clarify the proposed
fencing. Mr. Wolter responded the private property will be
fenced; however, a view corridor will be provided vertically and
horizontally around the private property. Mr. Crotzer stated one
of the requirements of the Coastal Commission is to permit public
access to the shoreline.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - DECEMBER 14, 1992
PAGE 14
Mr. Wolter continued with his presentation reviewing the
Recreation and Parks Commission's preliminary action on the Site
Development Review.
Councilmember Luna asked if other trees besides the Monterey
Cypress were considered? Mr. Wolter responded the Monterey
Cypress grows well in this area with little water and does well
in wind conditions. Mr. Furber stated the Coastal Development
Permit conditions do not allow trees that grow over eight feet
tall. Councilmember Crotzer stated the scale of the Monterey
Cypress would not block view corridors if the trees are pruned
and guided to grow in a pattern where the view is not obstructed.
Mayor Yates opened the hearing for public comment.
Lorene Gruendler, 175 Azure Street, stated her opposition to the
proposed park. Her concerns include the runoff created by rain;
the fencing taking away the freedom of access to the dunes and
the beach; and the parking impact which already is a concern on
Azure Street.
Gerald Iwata stated the Monterey Cypress trees located at the
high school have grown over 15 feet. Mr. Wolter stated the San
Luis Coastal School District should be addressed regarding the
trees on that property. Mr. Funk stated those trees were placed
there as a wind break.
William Gruendler, 175 Azure Street, stated the lake is an
inexpensive way to collect water runoff from Highway One. He
also stated a heavy rain will create a dangerous flood condition.
Mr. Gruendler stated that grading is important to prevent
flooding to neighboring areas.
Ned Rogoway stated the Coastal Commission's action is clear in
that a Water Management Plan is needed before implementing this
project. He also stated staff is spending considerable time in a
premature stage.
Jim Nance stated this project is a "paper subdivision" and
without a Water Management Plan it is a waste of time and money.
Dale Reddell, 680 Sequoia Court, asked why the project can't be
left in it's natural state?
Mayor Yates closed the public hearing.
Mayor Yates asked why the coastal side of the park is fenced off?
Mr. Wolter responded it was a Coastal Commission condition to
protect the ESHA of the dunes and species in that area.
Councilmember Unger asked why time is being spent on a project
that has no water? Mr. Wolter responded this review is planning
for the future. It gives the Council and public the opportunity
to plan the park.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - DECEMBER 14, 1992
• PAGE 15
Councilmember Mullen stated the review of this park is premature
without a Certified Water Management Plan.
Councilmember Luna stated this issue is to implement the Concept
Plan which will be incorporated into the Master Park Plan.
Councilmember Unger stated the natural state of the property does
not need to be damaged; the project should be built into its
natural state.
Councilmember Mullen asked the City Attorney about the Coastal
Commission's requirements. If water is not available, is time
spent by staff and applicant in vain? Attorney Skousen responded
this project could be reviewed in the Precise Plan stage which
will address such issues as grading and water.
Councilmember Luna stated the construction of 120 homes with no
management will create a significant amount of degradation.
Mr. Furber stated that based on City ordinance, the Precise Plan
requires them to prepare all improvement drawings. The applicant
cannot prepare construction documents until they know, through
the Precise Plan approval process, what is required. The
applicant has spent considerable time in public hearings, open
houses, and workshops showing the park design. They would like
to hear comments on the park so they can fulfill what the City
has imposed on the applicant in the way of conditions.
Councilmember Unger asked where the plan is going? Mr. Furber
responded with the approval of the Conditional Use Permit and
Coastal Development Permit, they have a certain amount of time to
meet the City's conditions. The applicant is presenting the Park
Plan (Concept Plan) tonight per City ordinance.
Councilmember Mullen stated there are conflicting statements as
far as what stage the park plan is in. Mr. Wolter responded
before the project moves into a construction stage, a Master Plan
must be adopted. For Precise Plan approvals, all details must be
covered in the Concept Plan approval process. Councilmember
Mullen stated with the Master Plan next in line for approval, why
is time being spent when there is no water available?
Councilmember Crotzer stated the Coastal Commission set a
precedent with the subdivision of land for Point Motel without a
Water Management Plan. Public input in the early stages of a
project implies affirmation the project will go forward.
Attorney Skousen responded the Council can approve the Park
Master Plan tonight which will not change or bind the Council
when reviewing the Precise Plan.
MOTION: Councilmember Unger moved to table this item. The
motion was seconded by Councilmember Mullen.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - DECEMBER 14, 1992
• PAGE 16
Councilmember Luna stated the City placed the requirement on the
applicant to review this plan in a public hearing. He also
commented that this is a conceptual plan only.
Councilmember Mullen stated without a Water Management Plan the
Council should take corrective action. Attorney Skousen stated
this project has been approved, and by approving the Vesting
Tentative Map and Conditional Use Permit, the Council has
guaranteed that sometime in the future the project will be
allocated water.
Councilmember Crotzer stated this is only a plan for a park in
which public comments are needed.
Councilmember Mullen called for the question.
Forrest Henderson clarified if the Council votes to table this
item it will not allow for further discussion. The motion was
amended as follows:
MOTION: Councilmember Unger moved to continue this item to when
a Water Management Plan is adopted. The motion was
seconded by Councilmember Mullen and failed with
Councilmember Crotzer, Councilmember Luna, and Mayor
Yates voting no. (2-3)
MOTION: Mayor Yates moved to approve Resolution No. 150-92.
The motion was seconded by Councilmember Crotzer and
carried with Councilmembers Mullen and Unger voting no.
(3-2)
Mayor Yates called for a recess at 10:25 p.m. The meeting
resumed at 10:35 p.m.
D-5 PUBLIC HEARING ON REQUEST FOR MAJOR MODIFICATION TO AN
APPROVED CONCEPT PLAN CONDITIONAL USE PERMIT. COASTAL
DEVELOPMENT PERMIT AND TENTATIVE MAP FOR A SUBDIVISION OF
AN 84.4 ACRE PARCEL INTO 120 RESIDENTIAL LOTS AND OPEN SPACE
(CASE NO CUP 28-90/CDP 42-90/TM 01-90• CLOISTERS
APPLICANT) CEOA DETERMINATION• PREVIOUS CERTIFIED EIR)
Community Development Director Don Funk reviewed the applicant's
request for modifications to their Concept Plan. The proposed
modifications include the following issues: building heights,
landscaping, wetlands mitigation measure added by Coastal
Commission, added ESH requirements, limitation to vertical
accessways, and applicant to resolve other lots within the site.
Mr. Funk added the Local Coastal Plan allowed for two-story
' structures at one time; however, that was amended through public
hearings which adopted CC&R's.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - DECEMBER 14, 1992
• PAGE 17
Mr. Funk stated the City requested three vertical accessways for
this project; however, the Coastal Commission denied the three
accessways and approved the project with two accessways.
Councilmember Crotzer asked about the finality of the Coastal
Commission's decision on the deletion of the third vertical
accessway? Mr. Funk responded the City or the applicant would
have to make a presentation to the Commission requesting the
third accessway.
Councilmember Mullen stated the Coastal Commission staff first
recommended denial of the project and then had to scramble to
make findings to approve the project Perhaps the Commission would
be willing to change their decision on removing the third
accessway. She asked Public Works Director Jon Crawford about
the grading plan and what the minimum standard of the flood zone
was? Mr. Crawford responded the grades are initially established
by the registered civil engineer working for the developer which
Mr. Crawford reviews. After his review, the map is sent to FEMA.
In regards to this project, FEMA responded to Mr. Crawford
stating the grade map met the 100-year flood requirement.
Councilmember Mullen asked about the amount of fill that will be
needed? Don Funk responded that the west -end of the site will
have an 8-foot bank of fill.
aMayor Yates opened the hearing for public comment.
Ned Rogoway stated the Water Management Plan is one of many
requirements needed before the Final Map is recorded.
Victor Montgomery, RRM Design Group, stated the applicant is
fulfilling City conditions which state they must submit a Precise
Plan to the Planning Commission within one year of City Council's
approval. The City's condition in the timing of the certificates
was tied to the issuance of building permits which the Coastal
Commission was not comfortable with; so the Coastal Commission
tied the certificates with the recordation of the Final Map.
Based on that, the applicant cannot record the Final Map until
the certificates are issued by the City and the Water Management
Plan is adopted. The applicant concurs with staff
recommendations with corrections to conditions 2, 10, and 8.
Councilmember Crotzer asked Mr. Montgomery if the applicant would
go before the Coastal Commission and request the third accessway?
Mr. Montgomery responded the applicant would be happy to support
the City's request.
Councilmember Luna stated if there is not a third accessway,
people will climb over the fence to get to the beach.
MOTION: Councilmember Luna moved to continue public hearing
items D-6, D-7, and D-8 to the next regularly scheduled
meeting. The motion was seconded by Councilmember Unger
and carried unanimously. (5-0)
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - DECEMBER 14, 1992
• PAGE 18
Jim Nance addressed the Council stating another accessway to the
beach is needed. He also stated there are several issues that
need to be addressed. He recommended that a committee be formed
to address these issues.
Victor Montgomery stated this project is not proposed as a gated
community. Mr. Montgomery also stated the proposed park includes
a 30-car parking lot.
Ken Bornholdt, attorney for the applicant, stated the applicant
is following the City's Local Coastal Plan with approvals to the
Tentative Vesting Map, Conditional Use Permit and Coastal
Development Permit; as well as following through with the Coastal
Commission's modifications. He added the applicant is working
under the City's deadline for the Precise Plan approval.
Lynda Merrill asked if a Water Management plan is needed for
tonight's approval? Don Funk responded that a Water Management
Plan is not needed for approvals to the Concept Plan, but needed
to adopt the Final Map.
Mayor Yates closed the public hearing.
MOTION: Councilmember Crotzer moved to approve the building
height changes as per Coastal Commission's
recommendation. The motion was seconded by
Councilmember Luna and carried with Councilmembers
Mullen and Unger voting no. (3-2)
MOTION: Councilmember Luna moved to reject the Coastal
Commission's recommendation on removing the third
accessway and the City go back to the Coastal
Commission with a request for the third accessway. The
motion was seconded by Councilmember Crotzer and
carried with Councilmembers Mullen and Unger voting no.
(3-2)
MOTION: Councilmember Luna moved to accept the Coastal
Commission's recommendation requiring the map be
divided in phases; the Final Map will not be approved
until a Water Management Plan is approved and adopted
and until the City certifies that there is adequate
water available to serve the lots and subdivisions.
The motion was seconded by Mayor Yates and carried with
Councilmembers Mullen and Unger voting no. (3-2)
C-2 APPROVAL OF MAINTENANCE IMPACT STATEMENT FOR TIDELANDS PARK
This item was continued to the January 11, 1993 meeting.
C-3 CONSIDERATION OF CHANGING THE NAME OF "ANCHOR MEMORIAL PARK"
TO "ANDY ZATKO MEMORIAL PARK", AND REQUEST FOR CONSIDERATION
OF ADDITIONAL MEMORIAM
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - DECEMBER 14, 1992
• PAGE 19
This item was continued to the January 11, 1993 meeting.
C-4 DETERMINATION OF COUNCIL REPRESENTATIVES ON INTER/INTRA
AGENCY COMMITTEES
MOTION: Councilmember Mullen moved to appoint Mayor Yates to
serve on the San Luis Obispo Council of Governments.
The motion was seconded by Councilmember Luna and
carried unanimously. (5-0)
MOTION: Councilmember Mullen moved to appoint Mayor Yates to
serve on the San Luis Obispo Regional Transit Authority
Board of Directors. The motion was seconded by
Councilmember Unger and unanimously carried. (5-0)
MOTION: Councilmember Luna moved to appoint George Whiting to
serve on the CMC Citizen Advisory Committee. The
motion was seconded by Councilmember Unger and
unanimously carried. (5-0)
MOTION: Councilmember Luna moved to appoint Councilmember
Mullen to serve on the County Water Advisory Board.
The motion was seconded by Councilmember Unger and
unanimously carried. (5-0)
MOTION: Councilmember Mullen moved to appoint Councilmember
Unger to serve on the Council Subcommittee on Employee
Grievances. The motion was seconded by Councilmember
Luna and unanimously carried. (5-0)
MOTION: Councilmember Luna moved to appoint B Rohan to serve on
the County Citizens' Transportation Advisory Committee.
The motion was seconded by Councilmember Mullen and
unanimously carried. (5-0)
MOTION: Councilmember Unger moved to appoint Councilmember
Mullen to serve on the County Solid Waste Task Force.
The motion was seconded by Councilmember Crotzer and
unanimously carried. (5-0)
MOTION: Councilmember Luna moved to appoint Councilmember
Crotzer to serve on the Joint Cities/County/School
District Advisory Committee. The motion was seconded by
Councilmember Unger and unanimously carried. (5-0)
D-6 PRELIMINARY PRESENTATION OF THE DRAFT PARKING MANAGEMENT
PLAN AND DISCUSSION OF DESIGN ASSISTANCE FROM THE CALIFORNIA
STATE COASTAL CONSERVANCY
D-7 PUBLIC HEARING ON ORDINANCE AMENDING CHAPTER 12.08 AND
ADDING CHAPTER 12.09 TO THE MORRO BAY MUNICIPAL CODE TREES
(CEOA DETERMINATION• EXEMPT) INTRODUCTIONLFIRST READING
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - DECEMBER 14, 1992
• PAGE 20
D-8 DISCUSSION OF WATER AND SEWER AVAILABILITY CHARGES
MOTION: Councilmember Luna moved item D-7 be continued to the
February 8, 1993 meeting. The motion was seconded by
Councilmember Crotzer and unanimously carried. (5-0)
MOTION: Councilmember Mullen move items D-6 and D-8 be
continued to the January 11, 1993 meeting. The motion
was seconded by Councilmember Luna and unanimously
carried. (5-0)
F. ADJOURNMENT
MOTION: Councilmember Crotzer moved the meeting be adjourned to
Friday, December 18, 1992 at 3:15 p.m. in the City Hall
Conference Room to continue discussion of Closed
Session Items and Agenda Item B-1 regarding Marina
Square water equivalencies. The motion was seconded by
Councilmember Luna and unanimously carried. (5-0)
The meeting adjourned at 11:42 p.m.
Recorded by:
-D"
BRIDGEtr DAVIS
Deputy City Clerk
NOT = C E OF SPEC = AL MEET = NG
•
NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay
City Council is hereby called to be held Wednesday, December 9, 1992
at 6:00 p.m. in the Veterans Memorial Hall, 209 Surf Street, Morro
Bay, California.
Said Special Meeting shall be for the purpose of conducting a
Brainstorming Workshop between Council, staff, and the community.
DATED: December 4, 1992
r -1
L.
City of Morro
0
11
0
I3C�'T'TCE C71F SPEC=AL MEET=MG
NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay
City Council is hereby called to be held Wednesday, December 9, 1992
at 4:30 p.m. in the City Hall Conference Room, 595 Harbor Street,
Morro Bay, California. Council will immediately adjourn to Closed
Session to consider the following:
1. Government Code §54956.9(a), pending litigation, Williams
Brothers v Voters Initiative Committee and City of Morro Bay,
Appellate No. BO 67517 pending in the Court of Appeal, Second
Appellate District, Division 6
2. Government Code §54957, personnel
DATED: December 4, 1992
i_n —
WIIXIAM YATES, Mrcr
City of Morro y, yalifornia
• MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION - December 9, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
Mayor Yates called the meeting to order at 5:15 p.m.
PRESENT: William Yates Mayor
Colby Crotzer Councilmember
Ben Luna Councilmember
Susan Mullen Councilmember
Ahnawake Unger Councilmember
ABSENT: None
STAFF: Forrest Henderson City Administrator
Judy Skousen City Attorney
E. CLOSED SESSION
E-1 GOVERNMENT CODE §54956.9(a), PENDING LITIGATION, WILLIAMS
BROTHERS v VOTERS INITIATIVE COMMITTEE AND CITY OF MORRO BAY,
APPELLATE NO. BO 67517 PENDING IN THE COURT OF APPEAL, SECOND
APPELLATE DISTRICT, DIVISION 6
• E-2 GOVERNMENT CODE §54957, PERSONNEL
MOTION: Mayor Yates moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember
Mullen and unanimously carried. (5-0)
Mayor Yates read the Closed Session statement.
The meeting adjourned to Closed Session at 5:15 p.m. and returned
to regular session at 5:55 p.m.
F. ADJOURNMENT
MOTION: Councilmember Mullen moved the meeting be adjourned.
The motion was seconded by Councilmember Luna and
unanimously carried. (5-0)
The meeting adjourned at 5:55 p.m.
MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - DECEMBER 9, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
• PRESENT: William Yates Mayor
Colby Crotzer Councilmember
MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - DECEMBER 9, 1992
PAGE 2
• Ben Luna Councilmember
Susan Mullen Councilmember
Ahnawake Unger Councilmember
ABSENT: None
STAFF:
Forrest Henderson
City Administrator
Judy Skousen
City Attorney
Rick Algert
Harbor Director
Jon Crawford
Public Works Dir.
Bridgett Davis
Deputy City Clerk
Don Funk
Comm. Dev. Dir.
Bob Hargrave
Interim Finance Dir.
Dave Howell
Police Chief
Jeff Jones
Fire Chief
Steve Wolter
Rec. & Parks Dir.
Mayor Yates
announced the City Council had accepted the
resignation of
City Attorney Judy Skousen in the Closed Session
portion of the
meeting.
Mayor Yates called the meeting to
order at 6:15 p.m. He
introduced this
special "brainstorming"
meeting as the first of
• three meetings
to come. The meeting was then opened for public
comment.
The following
are ideas presented to the
Council by the public:
Cathy Novak:
1. Build a new launch ramp
at Target Rock;
2. State -of -art marine
haulout facility;
3. Abolish term limits
for advisory board.
Roger Ewing: Emergency medical clinic needed in Morro Bay.
Saro Brown: The City should follow the Ordinance regarding
renaming the Anchor Memorial Park.
Ervin Shaw: 1. Emergency medical clinic needed in Morro Bay;
2. Growth should remain within the inter -City to
draw visitors to the downtown area instead of
building on the outskirts of the City;
3. Stores should be open later and on Sundays;
4. Place a major restaurant on Morro Bay Blvd.
to draw visitors to the downtown area.
B. Rohan: 1. Place a suggestion box in City Hall and the
library with rules posted: date, topic,
information or questions, and signature optional;
2. More citizen participation at board meetings;
•
MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - DECEMBER 9, 1992
PAGE 3
• 3. Committees need to become more user friendly
to step up productivity;
4. Form a new ad -hoc committee.
Sil Cadenasso: 1. Businesses on Morro Bay Blvd. should be more
tourist -serving;
2. Streamline planning process for businesses;
3. Don't use water to control growth;
4. Eliminate Sidewalk Sale Permit.
Charles Palmer:
1. Water issue needs proper management;
2. Water section of the Land Use Element is
counter -productive;
3. Water equivalency program is archaic;
4. Water needs to be allocated to every lot in
town;
5. Businesses carry excess water responsibility.
Dick Haidet: 1. Do away with water levels for usage of
desalination plant;
2. Public transportation needed for weekends and
holidays.
• John Linhares: 1. City Attorney not needed at all City Council
meetings;
2. Hire more blue-collar workers and less
management.
Howard Smith: 1. Prepare and send an annual report to citizens
regarding important issues and City budget.
Linda Merrill: 1. Drought -tolerant flowers needed within City;
2. Morro Bay should become more desirable for
tourists;
3. Bike and pedestrian path needed between
Highway 41 to the Embarcadero;
4. More activities for kids (beach volleyball);
5. Hire kids to lead and organize activities;
6. Tennis courts need to be resurfaced at Morro
Bay High School;
7. City Hall copy fees need to be lowered;
8. Walking trail to beach along the Embarcadero;
9. Get rid of overhead utility lines.
Councilmember Unger stated that the City has no money for
improvements at this time.
Charles Palmer: Commented on fundraisers where sections are
sold to raise money for improvements.
0
•
•
C, J
MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - DECEMBER 9, 1992
PAGE 4
Sil Cadenasso stated that sales tax revenue promotes money for
the City.
Barbara Branch: Buses need to run more often.
Geraldine Price:
1. Med-Stop is needed in Morro Bay;
2. Leash Law needs to be enforced on the
beaches.
Jim Nance: 1. A connector road is needed between Highway
41 and the Embarcadero;
2. The City needs more workers to provide more
services.
Al Paul: 1. Copying costs at City Hall need to be
lowered;
2. Building permit valuation needs to be
changed. (It was clarified by the Planning
Director that this has already been done).
Shoosh Crotzer•
1. A demographic study is needed as well as a
citizen survey to know what types of stores would
better serve the citizens and visitors of Morro
Bay;
2. Use of electric golf carts for shuttle
service.
Jim Montgomery: Prepare a Morro Bay Directory for citizen and
visitor use to keep business in Morro Bay.
(Suedene Nelson of the Chamber of Commerce
responded this is already available through their
office).
Jack Curry: As the manager of the La Serena Inn, they have at
least four publications in each room for visitor
use.
Bob Tefft: 1. A study is needed to make Morro Bay a
destination resort;
2. Encourage downtown growth rather than on the
outskirts of town;
3. An Embarcadero Concept Plan is needed.
Bill Yates: 1. Focus is needed on the Embarcadero to become
more tourist -oriented;
2. Job opportunities are needed.
MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - DECEMBER 9, 1992
PAGE 5
• Rick Algert mentioned the Waterfront/Rock Specific Plan committee
is working on a draft report. It will be going before the
Planning Commission, Harbor Advisory Board and Recreation and
Parks Commission in the near future.
Mark Allen, as a member of the Waterfront/Rock Specific Plan
Committee, stated the committee has been reviewing questionnaires
from citizens and organizations, and also held workshops to
acquire information from the public on what would be best for the
waterfront.
June Hofstead: 1. Visitor's with RV's return to Morro Bay's
state parks because they are affordable; motel
costs are too high;
2. Keep costs reasonable and offer low-cost
activities.
Perry Persen Persoff: Friday night market needs more
advertisement.
Nancy Bast:
1. City Attorney and City Administrator's job
description should require Council review;
2. Appointed Commissioners and Advisory Board
Members should be registered voters in Morro Bay;
•
3. Legalize mother-in-law units with parking
standards in R-1 zone to provide for low-cost
housing;
4. Eliminate PD overlay on Embarcadero - height
requirements on the waterfront are already
required for waterfront development by the Coastal
Commission;
5. Legalize murals in Morro Bay;
6. Curbside recycling should include cardboard
packaging, brown bags and household batteries;
7. Prohibit the use of blowers;
8. Reinstate public review of waterfront leases.
David Tope:
Downtown parking needs to be addressed.
Jim Montgomery:
Bank of America parking lot to be used as a
public parking lot on weekends.
Al Paul:
More advertising is needed for Morro Bay's antique
stores since they are the major contributor to the
downtown area. (Suedene Nelson of the Chamber of
Commerce responded that their office has brochures
available).
Lily Collier:
A billboard advertising what Morro Bay has to
offer is needed.
• Shoosh Crotzer:
Have an annual "Antique Day".
MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - DECEMBER 9, 1992
PAGE 6
•
Roger Ewing: Participation makes for a strong government.
Mayor Yates called for a break at 8:02 p.m. - the meeting resumed
at 8:20 p.m.
Mayor Yates announced that the State has granted funds for bike
lanes on South Bay Boulevard.
Mayor Yates turned the comment period over to the Council.
Councilmember Luna commented most of the ideas mentioned are
already in the works. He added that citizen participation is
important. He stated that the Albertson's developer is pursuing
Med-Stop for their proposed shopping center. Councilmember Luna
also mentioned that the transit plan for obtaining a trolley has
a one-year deadline. He stated there are ordinances that need to
be reviewed and also a "dispute resolution" adopted to reduce
litigation.
Councilmember Mullen stated an update to the General Plan is
needed, as well as revisions to the PD Ordinance. She also
mentioned that joint meetings between the Council and Chamber of
Commerce as well as other committees are needed. Councilmember
• Mullen stated the affordable housing ordinance should be
completed. She also commented more youth activities are needed
(i.e. City -promoted teen night, skateboard facility in Del Mar
Park) as well as creating a Youth Council. She added that a
City/Chamber of Commerce sponsored melodrama would be a fun
activity in Morro Bay. Councilmember Mullen would like curbside
recycling to include the recycling of polystyrene and cardboard;
she also would like recycling bins to be placed at the fish
cleaning stations for fishermen, as well as on the beach.
Councilmember Mullen would like a long-term energy policy to be
established. She also added that voluntary childcare at Council
meetings would allow parents to attend the meetings.
Councilmember Mullen stated employee participation is important
to the City.
Councilmember Crotzer stated the City has a need for activities
for kids (i.e. skateboard ramps, volleyball, surf contests, bike
race tracks, roller hockey rink). Councilmember Crotzer also
supports a kids "Friday Night Live". He commented that the
tennis courts need repaving. Councilmember Crotzer suggested
having bike lanes/walking tour lanes that connect parks to the
beach. He also stated there is a need for downtown transportation
via trolley or golf cart taxis. Councilmember Crotzer stated
Morro Bay needs to become a "destination resort". He also stated
mother-in-law units are needed to provide affordable housing.
•
MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - DECEMBER 9, 1992
PAGE 7
• Councilmember Unger stated she would like to see an increase in
citizen participation. She also stated the Morro Bay Municipal
Code needs to be updated. Councilmember Unger mentioned she
would like to see a formation of a Morro Bay Youth Job Corp. She
would like to divide the City into five sections and have each
councilmember responsible for a specific section. Councilmember
Unger would like to be the Council liaison for City personnel.
Mayor Yates turned the meeting to staff for their comments.
Forrest Henderson stated that in support of this brainstorming
meeting, Department Heads met to discuss ideas. In this meeting
they formed ideas in the following four categories:
1.
a. RDA
b. miniature golf course
C. bowling
d. destination hotel
e. trolley
f. maritime museum
g. water taxi
h. docking facility
• i. upgrade business community
j. evaluate municipal code
k. streamline/reduce permit process
2. Retain City Service Levels and Funct
internal Evaluations Training and Consistency
a. customer service
b. organize training/development
C. cross -training
d. revise employee training
e. cooperative purchasing
f. vehicle mileage accountability
g. quarterly management meetings
h. maintain staff pooling
i. standardize equipment
j. intern program
k. records retention
1. consistent policies in departments
M. aggressively maximize revenue sources
3. Increase Community Participation and Involvement in
Government Operations
a. City newsletter
b. City open house
C. Council ex officio
d. calendars/department phone list
L
MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - DECEMBER 9, 1992
PAGE 8
e. citizen "try a job" plan
f. adopt -a -park
g. utility bill ads
4. Improve Long -Ranee Planning
Tmnrncmmani-c in nrdar to Antininat
a. facility plan
b. capital improvement budget
C. depreciation account
d. ADA compliance
e. streamline/reduce permit process
Fire Chief Jeff Jones stated the Fire Department currently has
two programs offered to the citizens which are RUOK and fire
education, both of which are partially funded through community
donations. Chief Jones also stated there should be a suggestion
box in all departments and the Chamber of Commerce.
Shoosh Crotzer stated programs should be organized for specific
ideas to be accomplished.
Charles Palmer commented the Yacht Club may be willing to
participate in kids programs.
• Councilmember Mullen stated that employee rewards need to be
reinstated. She also stated that an employee daycare would be an
incentive.
Mayor Yates stated slip holders for boat launch ramps at
Tidelands Park should be limited to one -car parking.
Councilmember Luna commented an evaluation form should be
developed on City services. He also stated priorities are needed
for effective goal -making.
Mayor Yates stated that another brainstorming meeting will take
place in January, and that updates on the ideas expressed at this
meeting will be included.
The meeting adjourned at 9:04 p.m.
Recorded by:
WV�-
BRIDGETT DAVIS
Deputy City Clerk
E
0•
i•�, 31 �qq2
0
N O T I C E O F S P E C I A L M E E T I N G
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 Thursday,
December 3, 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 a
Closed Session field trip at the law offices of David Hunt
of Jencks and Hunt, 555 Chorro Street, Suite B, San Luis,
Obispo, CA 93405, in accordance with Government Code
§54956.9(a), pending litigation, as follows:
isCITY OF MORRO BAY v. CALIFORNIA COASTAL COMMISSION,
Case Nos. 120512 and 121637, pending in the Superior Court
of Santa Cruz County; CAYUCOS SANITARY DISTRICT v. CITY OF
MORRO BAY, Case Nos. 70420 and 71224 and CAYUCOS SANITARY
DISTRICT v. CALIFORNIA COASTAL COMMISSION, Case No. 71030,
all pending in the Superior Court of San Luis Obispo County;
and CAYUCOS SANITARY DISTRICT v. CITY OF MORRO BAY, Case No.
2 Civil B067184, pending in the Court of Appeal for the
State of California, Second Appellate District.
DATED: December 1, 1992
City of Morro
C� J
MTMTTTES - MORRO BAY CITY COUNCIL
CLOSED SESSION - DECEMBER 3, 1992
CITY HALL CONFERENCE ROOM - 5:00 P.M.
• Mayor Yates called the meeting to order at 5:00 p.m.
PRESENT: William Yates Mayor
Colby Crotzer Councilmember
Ben Luna Councilmember
Susan Mullen Councilmember
ABSENT: Ahnawake Unger Councilmember
STAFF: Forrest Henderson 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 COUNTY SUPERIOR COURT
♦ CAYUCOS SANITARY DISTRICT V. CITY OF MORRO BAY, CASE NO. 2
CIVIL B067184, PENDING IN THE COURT OF APPEAL FOR THE STATE OF
CALIFORNIA, SECOND APPELLATE DISTRICT; AND, CAYUCOS SANITARY
DISTRICT V. CALIFORNIA COASTAL COMMISSION, CASE NO. 17030, SAN
LUIS OBISPO SUPERIOR COURT
MOTION: Councilmember Luna moved the meeting be adjourned to 5:30
p.m. in the law offices of Jencks and Hunt, 555 Chorro
• Street, San Luis Obispo, to consider the Closed Session
items. The motion was seconded by Councilmember Mullen and
unanimously carried. (4-0)
Council adjourned at 5:05 p.m. and reconvened at 5:30 p.m. in San Luis
Obispo.
Councilmember Unger was present at this time.
MOTION: Councilmember Luna moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Mullen
and unanimously carried. (5-0)
Mayor Yates read the Closed Session statement.
The meeting adjourned to Closed Session at 5:30 p.m. and returned to
regular session at 9:58 p.m.
F. ADJOURNMENT
MOTION: Councilmember Mullen moved the meeting be adjourned. The
motion was seconded by Councilmember Crotzer and unanimously
carried. (5-0)
The meeting adjourned at 9:58 p.m.
• R rded by:
FORREST HENDERSON
Deputy City Clerk
NOT = C E O F S P EC = AL MEET = NG
0
NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay
City Council is hereby called to be held Tuesday, December 1, 1992 at
6:00 p.m. in the Veterans Memorial Hall, 209 Surf Street, Morro Bay,
California.
Said Special Meeting shall be for the purpose of adopting the
official canvass of the 03 November 1992 General Municipal Election
and installing the Newly -Elected Mayor and City Councilmembers.
DATED: November 24, 1992
f
0
ROSE MARIE SHEETZ, Mayor
City of Morro Bay, Calif
City Of Morro Bay
• City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life
which we all enjoy. We are committed to this purpose and will provide a level of municipal
service consistent and responsive to our public and its needs.
SPECIAL MEETING - DECEMBER 1, 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.
pECIAUATTON OF FUTURE AGENDA ITEMS (CITY COUNCIL)
A. CONSENT CALENDAR
Onless an item is pulled for separate action by the City Council, the
following actions are approved without discussion.
A-1 RESOLUTION NO. 148-92 RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 3,.1992, AND DECLARING THE RESULTS THEREOF
(Remarks by Outgoing Mayor and City Councilmembers)
C. NEW BUSINESS
C-1 PRESENTATION TO COUNCILMEMBERS JOHN BAKER, TOM WURIU, AND MAYOR ROSE
MARIE SHEETZ
C-2 OATH OF OFFICE TO MAYOR WILLIAM YATES AND COUNCILMEMBERS AHNAWAKE
UNGER AND COLBY CROTZER, AND PRESENTATION OF CERTIFICATES OF ELECTION
(Remarks by New Mayor and City Councilmembers)
C-3 SELECTION OF VICE MAYOR (ONE YEAR TERM)
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
SPECIAL MEETING - DECEMBER 1, 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: Forrest Henderson
Judy Skousen
Rick Algert
Jon Crawford
Ardith Davis
Don Funk
R.L. Hargrave
Dave Howell
Jeff Jones
Steve Wolter
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
City Attorney
Harbor Director
Public Works Dir.
City Clerk
Comm. Dev. Dir.
Interim Finance Dir.
Police Chief
Fire Chief
Rec. & Parks Dir.
Horace Strong gave the invocation. The colors were presented by
Boy Scout Troop No. 222, Santa Lucia Area Council; they 'led the
Pledge of Allegiance.
PUBLIC COMMENT:
CONSENTDECLARATION OF FUTURE AGENDA ITEMS: None.
A. •
RESOLUTION NO, OF _ MUNICIPAL ELECTION HELD ON NOVE
THE RESULTS THEREOF (REMARKS BY OUTGOING Vg-Y-SD--
Mr. Henderson recommended Council adopt Resolution No. 148-92 and
asked for comments from the outgoing Mayor and City
Councilmembers.
MOTION: Councilmember Wuriu moved for adoption of Resolution
No. 148-92. The motion was seconded by Councilmember
Baker and unanimously carried. (5-0)
•
MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - DECEMBER 1, 1992
PAGE 2
• Councilmember Baker thanked those who voted for and supported him
in the past four years; he also extended thanks to his wife,
Donna, for all the extra work she has done. Councilmember Baker
stated he enjoyed working with Mayor Sheetz and the Council in
good times and bad. He thanked the staff for their work, and
extended best wishes to Mayor Sheetz, Councilmember Wuriu, and
the incoming Council.
Councilmember Wuriu stated serving on the Council was a unique
and emotionally rewarding experience. He commented on the
rewards of the Desalination Plant, and the ribbon -cutting at the
Peoples' Self -Help Housing Unit for senior citizens. Council -
member Wuriu said now he is going to relax as the curtain goes up
on next year's big show: the Council of 1993. He wished the new
Council well.
Mayor Sheetz stated her ship of state for the City of Morro Bay
had dropped anchor and it's come to dock at home port. She will
remember her years of service as being enlightening, invigorating
and memories that she will carry with her always. There were
many troubled waters, but what she will carry with her are the
brilliant -hued rainbows which broke after the storms. Mayor
Sheetz thanked staff and commended their professionalism. She
thanked her husband Chet for his support.
C. NEW BUSINESS
PRESENTATION TO COUNCILMEMBERS JOHN BAKER, TOME WURIU, AND
MAYOR PROSE MARIE SHEETZ
Mr. Henderson presented plaques to Mayor Sheetz and Council -
members Baker and Wuriu.
C-2 OATH OF OFFICE TO MAYOR WILLIAM YATES AND COUNCILMEMBERS
TES OF ELECTION (REMARKS 13Y NEW MAYOR AND CITY
• , 4:
City Clerk Ardith Davis administered the Oath of Office to Mayor
William Yates and Councilmembers Colby Crotzer and Ahnawake
Unger.
Mayor Yates thanked the audience for their support. He stated
that seated is a new City Council that is a beginning to a new
chapter in the book of Morro Bay politics. Mayor Yates said this
City Council promises to be open, friendly, fair, accountable,
and conduct themselves on the highest ethical plane. He promised
to banish rude and divisive behavior from City Council meetings
and expected respectful behavior from Councilmembers, staff, and
citizens. Mayor Yates stated that he supports pro -economic
growth and is dedicated to economic development. He stated he
• and his family appreciated the quality of life Morro Bay offers
MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - DECEMBER 1, 1992
PAGE 3
and he believes Council can preserve and enhance the quality of
life while supporting a thriving local economy. Mayor Yates
asked for citizen input and cooperation, and for their
involvement.
Councilmember Unger thanked the retiring Councilmembers stating
the new Council has only begun to know what dedication it really
takes to serve the people. She pledged her very best; less than
that is unacceptable. Councilmember Unger stated she will need
the cooperation of the citizens.
Councilmember Crotzer stated that improvement in Morro Bay's City
government would require participation from the citizens. He also
said election to Council is rewarding and would be a learning
experience in his life.
Councilmember Luna stated that although the Council was divided
on large issues the last two years, they agreed more than dis-
agreed on most issues. Councilmember Luna expressed his excite-
ment in working with the new Council. He also asked for citizen
participation.
Councilmember Mullen thanked her husband for his support. She
stated the City faces some serious challenges over the next few
years including economics, water, and development. Councilmember
Mullen stated she would like to break the myth of labels. She
wanted the citizens of Morro Bay to see a united effort to work
equitably and fairly on all issues.
Councilmember Mullen then brought forward unfinished business
from the Council meeting of November 23, 1992. She stated under
the Brown Act, Council can only act on items that have been agen-
dized and published. The law also provides that Council, on a
4/5 vote, can agendize items not previously set for discussion if
they make the proper findings. Councilmember Mullen stated the
subject of the agenda items she wishes to add to this evening's
agenda deals with the motions to reconsider taken at Council's
November 23rd meeting with regard to the Tri-W reimbursement
agreement and vesting map appeals.
Councilmember Mullen further stated that according to the opinion
of a well-known parliamentarian, Mayor Sheetz' action to recon-
sider certain agenda items was incorrect. Based on this opinion,
Councilmember Mullen made a motion that the new Council agendize
several items not on this agenda. Councilmember Mullen stated
the need to act arose after tonight's agenda was set and it is
urgent action be taken this evening.
MOTION: Councilmember Mullen moved the following items be added
to tonight's agenda based on the finding that a need to
consider these items arose after the agenda was set and
40 it is urgent these items be acted upon this evening:
MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - DECEMBER 1, 1992
PAGE 4
1. Consideration of the point of order appeal on the
vote to reconsider at the last meeting (appeal of
the chair's interpretation of Roberts Rules of
Order which she believed allowed her to take
action);
2. Consideration of action to rescind the motion to
reconsider by the mayor (this would reverse the
action of reconsideration at the same meeting
those items which were motioned for reconsidera-
tion and entered on the minutes); and
3. A vote to reconsider and act on all items which
were reconsidered and entered into the minutes at
the last meeting.
The motion was seconded by Councilmember Luna.
Councilmember Unger asked for clarification of the motions.
Attorney Skousen responded the first motion was to place the
items on this agenda for discussion, a 4/5 vote of the Council
with the proper findings is required for discussion to take
place.
isCouncilmember Unger asked if these items could be reconsidered at
a later meeting. Attorney Skousen stated the registered parlia-
mentarian's opinion is that since this is a Special Meeting, per-
haps it could be considered at the next Regular Meeting. Based
on Roberts Rules of Order and the seriousness of this issue,
there is some risk that if the motion is not addressed at this
meeting, it may terminate the issue.
Councilmember Unger asked if the items were reconsidered and dis-
cussed at this meeting, could it be considered at a later date.
Attorney Skousen stated that they could pass the motion to recon-
sider and then postpone final action on the map and reimbursement
agreement to a later meeting. It is only the reconsideration
that must be acted on at this meeting.
The motion was unanimously carried by roll call vote.
(5-0)
MOTION: Councilmember Mullen moved to rescind the appeal of
Chair's interpretation of Roberts Rules of Order so all
items can be reconsidered at this meeting. Council -
member Luna seconded the motion.
Mayor Yates asked for clarification. Attorney Skousen responded
the motion is to rescind the decision on appeal on the Mayor's
Point of Order.
u
0
MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - DECEMBER 1, 1992
PAGE 5
The motion was unanimously carried by roll call vote.
(5-0)
MOTION: Councilmember Mullen moved to rescind the motion to
reconsider made by the Mayor at the end of the last
meeting. Councilmember Luna seconded the motion.
Mayor Yates asked for clarification. Attorney Skousen responded
that this motion determines the reconsider motions could not be
called up at the last meeting.
The motion was unanimously carried by roll call vote.
(5-0)
MOTION: Councilmember Mullen moved to reconsider all agenda
items from the previous meeting that were moved for
reconsideration and entered on the minutes. The motion
was seconded by Councilmember Unger and unanimously
carried by roll call vote. (5-0)
Mayor Yates clarified that this motion, based on Roberts Rules of
Order, placed the original action in its original form as if it
were never acted upon.
MOTION: Councilmember Mullen moved to return the Tri-W reim-
bursement agreement back to staff for further review,
particularly the way in which the city's share of cost
was determined. The motion was seconded by Council -
member Unger and was unanimously carried by roll call
vote. (5-0)
MOTION: Councilmember Mullen moved to continue the discussion
of all vesting map appeal issues to the next available
regular meeting. The motion was seconded by
Councilmember Crotzer was unanimously carried by roll
call vote. (5-0)
Mayor Yates stated this action sets everything back before the
new Council for discussion. He also mentioned he supports Tri-W
in their project as long as it fits within the framework of Mea-
sure H.
C-3 SELECTION OF VICE MAYOR (ONE YEAR TERM)
MOTION: Councilmember Luna moved Councilmember Susan Mullen be
appointed Vice -Mayor. The motion was seconded by Coun-
cilmember Crotzer, and was unanimously carried by roll
call vote. (5-0)
MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING - DECEMBER 1, 1992
PAGE 6
fe F.
MOTION: Councilmember Crotzer moved the meeting be adjourned.
The motion was seconded by Councilmember Unger and
unanimously carried. (5-0)
The meeting adjourned at 6:48 p.m.
Recorded
} -by :T BRIDGETT DAVIS
Deputy City Clerk
0
•
a
74v,rnG-o o?3, f ` eeoz
City Of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life
which we all enjoy. We are committed to this purpose and will provide a level of municipal
service consistent and responsive to our public and its needs.
REGULAR MEETING - NOVEMBER 23, 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.
A. CONSENT CALENDAR
*nless an item is pulled for separate action by the City Council, the fol-
lowing actions are approved without discussion.
A-1 CITY COUNCIL MINUTES FROM THE REGULAR MEETING OF NOVEMBER 9, 1992
A-2 STATEMENT OF INVESTMENT - OCTOBER 1992
A-3 EXPENDITURE REPORT - OCTOBER 1992
A-4 APPROVAL OF REIMBURSEMENT AGREEMENT FOR CREEKSIDE CENTER (TRI-W ENTER-
PRISES, INC.) AND AUTHORIZATION TO EXECUTE AGREEMENT
A-5 RESOLUTION NO. 143-92 AUTHORIZING CITY ADMINISTRATOR TO EXECUTE
SEAFOOD PROCESSING INDUSTRY FACILITY REDEVELOPMENT STUDY GRANT
A-6 RESOLUTION NO. 138-92 DETERMINING INDUSTRIAL DISABILITY OF LOCAL
SAFETY MEMBER (ROBERT GUIDI)
A-7 DETERMINATION TO CANCEL SECOND MEETING IN DECEMBER (DECEMBER 28TH)
A-8 AUTHORIZATION TO FILL POLICE DEPARTMENT RESERVE POSITIONS
A-9 RESOLUTION NO. 140-92 APPROVING CITY OF MORRO BAY'S TRANSPORTATION
DEVELOPMENT ACT CLAIM FOR FISCAL YEAR 1992/93
A-10 RESOLUTION NO. 142-92 AUTHORIZING CITY APPLICATION FOR BOATING AND
WATERWAYS GRANT TO RECONSTRUCT LAUNCH RAMP DOCKS/ACCESS WAYS, REPAVE
THE PARKING LOT, AND COMPLETE PHASE III OF TIDELANDS PARK
B. UNFINISHED BUSINESS
• NONE
C-1 RESOLUTION NO. 144-92 APPROVING CONSOLIDATION OF LEASE SITES 78-79W
AND 80-81W, AND APPROVAL OF NEW LEASE FOR THE CONSOLIDATED LEASED AREA
(701/715 EMBARCADERO; VAN BEURDEN INVESTMENTS, LESSEE)
C-2 COUNCILMEMBER REQUEST FOR CONSIDERATION OF JUDGE'S ORDER FOR CITY'S
MEASURE H COMPLIANCE
C-3 MAYOR REQUEST FOR CONSIDERATION OF CHANGING NAME OF "ANCHOR PARK" TO
"ANDY ZATKO MEMORIAL PARK", AND COUNCILMEMBER REQUEST FOR CONSIDERA-
TION OF ADDITIONAL MEMORIUM
D-1 APPEARANCE OF GARY NISKER REQUESTING EXCEPTION AND WAIVER OF DEPOSIT
FEES FOR WATER SERVICE
D-2 RESOLUTION NO. 145-92 MAKING FINDINGS THE STATE MODEL WATER EFFICIENT
LANDSCAPE ORDINANCE IS UNNECESSARY IN THE CITY OF MORRO BAY
D-3 APPROVAL OF PARK RETROFIT PROGRAM FOR CONSTRUCTION BY MARINA SQUARE/
PEOPLE'S SELF HELP HOUSING CORPORATION
11-4 PUBLIC HEARING ON CASE NO. CUP 16-92 CONCEPT PLAN, REQUEST FOR CONDI-
TIONAL USE PERMIT TO ALLOW DEMOLITION OF EXISTING COMMERCIAL BUILDING
AND CONSTRUCTION OF 2,000 SQ.FT. RETAIL USE WITH RESTAURANT; J.
SHIFLETT, APPLICANT/875 EMBARCADERO (ENVIRONMENTAL DETERMINATION: NEG-
ATIVE DECLARATION)
D-5 PUBLIC HEARING ON APPEALS FOR CASE NO. PM 04-92 (VESTING/CDP 43-92;
REQUEST FOR A VESTING TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT
PERMIT TO SUBDIVIDE ONE EXISTING 177.23 ACRE PARCEL INTO THREE PARCELS
OF 17.50 ACRES; 3.18 ACRES; 7.12 ACRES, WITH A REMAINDER PARCEL OF
147.44 ACRES FOR PROPERTY LOCATED AT THE EASTERN TERMINUS OF MORRO BY
BLVD. AT HIGHWAY ONE (MERRILL WILLIAMS, TRI W ENTERPRISES, APPLICANT;
TRI W ENTERPRI SES/CHRI STINE J. GRANADOS/PETER DIFFLEY, APPELLANTS)
ENVIRONMENTAL DETERMINATION: PREVIOUS EIR PREPARED FOR CONCEPT PLAN
D-6 ORDINANCE NO. 425 ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO COR-
RECT AN ERROR IN LANGUAGE IN ORDINANCE NO. 394 AMENDING THE MORRO BAY
MUNICIPAL CODE SECTION 13.20.080 A, B.1, AND B.2 (INTRODUCTION/FIRST
READING)
1 • .L:_rkLv _. k _
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.
•
a
Ac7NDA nod. 141
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 23, 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: Forrest Henderson
Judy Skousen
Rick Algert
Jon Crawford
Ardith Davis
Don Funk
Dave Howell
Jeff Jones
Steve Wolter
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
City Attorney
Harbor Director
Public Works Dir.
City Clerk
Comm. Dev. Dir.
Police Chief
Fire Chief
Rec. & Parks Dir.
Mayor Sheetz presented a resolution in memory of Andrew Zatko to
Gladys Walton, his long-time companion. Mayor Sheetz noted a
Resolution will also be sent to Andy's grandaughter.
Rev. Roger Evey gave the invocation, and Horace Strong led the
Pledge of Allegiance.
[1i1 yoxeZ wja_pI`m
1. William Yates, 344 Fresno, expressed his concern that
Item A-4 (Reimbursement Agreement; Tri-W Enterprises, Inc.), a
multi -million dollar document, is placed on the Consent Calendar
and asked the item be pulled from the Consent Calendar and con-
tinued for further study.
2. Norma Whiteman, 331 Luzon, was also concerned with Item
A-4 of the Consent Calendar. She is opposed to the amount of
costs the taxpayers would assume. Ms. Whiteman voiced concern
over item D-5 under Public Hearings on the Agenda. She asked
item A-4 be pulled from the Consent Calendar and continued for
further study.
3. Ahnawake Unger stated her opposition to Item A-4 being
placed on the Consent Calendar. She is opposed to borrowing
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 23, 1992
• PAGE 2
money from a private corporation for this project. Council
should not commit the City to this open-ended agreement.
4. Jim Halferty, developer for the Cypress Shopping Cen-
ter, read into the record a letter from his attorney setting
forth reasons to pull the Reimbursement Agreement from the Con-
sent Calendar (copy of letter attached to minutes).
5. Colby Crotzer, Councilmember-elect, requested Council
defer action on Item A-4. He stated Council is making a deliber-
ate attempt to misuse the Agenda.
6. Mr. Whiteman asked Council if they will remove this
item from the Consent Calendar? He stated no one even knows how
much the improvements will cost. He asked where the 56% share
for the City's costs came from?
7. Ann Freeman, 785 Cabrillo, requested Council remove
Item A-4 from the Consent Calendar and ask staff to explain to
the taxpayers why they should pay for this.
8. Bernie Melvin, 1998 Elm, agreed with previous speakers.
The Consent Calendar is for non -controversial items. The public
has a right to speak on this matter.
• 9. Bruce Risley, 540 Piney Way, stated after the approval
of Measure H, Council decided to break the will of the people and
become the friends of Tri W.
10. Irving Shore, 2930 Ironwood, referred to Councilmember
Wuriu's campaign promise to establish consensus, not conflict, in
City Council business. He hoped Council is listening tonight and
encouraged them to be effective in their decisions.
11. Robert Lane stated without Council actions like this,
we would have a beautiful community. He asked what power
Williams Brothers has over the Council? The priority of the
Council should be the people who live here. Council is allowing
the developer to have a tax-free development.
12. Bill Raflowski said those Councilmembers who adopt the
Reimbursement Agreement tonight deserve to be called "camp fol-
lowers" of Tri W.
13. Nancy Bast expressed her dismay the Reimbursement
Agreement is on the Consent Calendar and the potential to place
this amount of indebtedness on the taxpayers.
Mayor Sheetz noted the Agenda was prepared without input from
her.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 23, 1992
is
PAGE 3
Marshall Ochylski, representing Tri W Enterprises, expressed dis-
belief at the opposition to the Reimbursement Agreement; Tri W is
offering to give the City a loan of $1 million interest free.
Mayor Sheetz asked what is the estimated cost of the improve-
ments? Mr. Ochylski stated $1.2 million; the City will pay 56%
of this and the money will come from the sales tax revenue gener-
ated from the project. Mayor Sheetz noted no general fund monies
will be taken to support this project.
Mr. Ochylski stated there were four public hearings on this item
and the details are set forth in an approved EIR. It is not true
this item is something new; Council approved it. He urged Coun-
cil to do the proper thing and approve the Agreement. He
responded to comments from Mr. Halferty stating a number of his
objections have nothing to do with Tri W.
None
A. CONSENT CALENDAR
A-1 CITY COUNCIL MINUTES FROM THE REGULAR MEETING OF NOVEMBER 9.
• 1992
Mr. Henderson recommended Council approve the minutes as
submitted.
A-2 STATEMENT OF INVESTMENT - OCTOBER 1992
Mr. Henderson recommended Council receive the Statement for file.
A-3 EXPENDITURE REPORT - OCTOBER 1992
Mr. Henderson recommended Council approve the Expenditure Report.
A-4 APPROVAL OF REIMBURSEMENT AGREEMENT FOR CREEKSIDE CENTER
(TRI-W ENTERPRISES. INC.) AND AUTHORIZATION TO EXECUTE
AGREEMENT
Mr. Henderson recommended Council pull this item for further
discussion.
A-5 RESOLUTION NO 143-92 AUTHORIZING CITY ADMINISTRATOR TO
EXECUTE SEAFOOD PROCESSING INDUSTRY FACILITY REDEVELOPMENT
STUDY GRANT
Mr. Henderson recommended Council adopt Resolution No. 143-92.
n
U
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 23, 1992
• PAGE 4
A-6 RESOLUTION NO, 138-92 DETERMINING INDUSTRIAL• DISABILITY OF
LOCAL SAFETY MEMBER (ROBERT GUIDI)
Mr. Henderson recommended Council adopt Resolution No. 138-92.
A-7 DETERMINATION TQ_CANCE SECOND MEETING IN DECEMBER (DECEN
Mr. Henderson recommended Council cancel the December 28th regu-
lar meeting.
A-8 AUTHORIZATION TO FILL POLICE DEPARTMENT RESERVE POSITIONS
Mr. Henderson recommended Council approve the hiring of two non -
paid Reserve Police Officers, and two part-time Dispatcher/Clerks
in the Police Department.
A-9 RESOLUTION NO, 140-92 APPROVING CITY OF MORRO BAY'S TRANS -
Mr. Henderson recommended Council adopt Resolution No. 140-92.
A-10 RESOLUTION NO 142-92 AUTHORIZING CITY APPLICATION FOR BOAT-
ING AND WATERWAYS GRANT TO RECONSTRUCT LAUNCH RAMP DOCKS/
• ACCESS WAYS REPAVE THE PARKING LOT AND COMPLETE PHASE III
OF TIDELANDS PARK
Mr. Henderson recommended Council adopt Resolution No. 142-92.
MOTION: Councilmember Luna moved for approval of the Consent
Calendar with the exception of Item A-4. The motion
was seconded by Councilmember Wuriu and unanimously
carried. (5-0)
Councilmember Luna stated he agrees with the comments received
from the public this evening. He does not believe there is
enough information on this item to take action this evening. The
City has yet to receive any cost analysis for this project in
writing. Councilmember Luna referred to various City documents
supporting his contention the reimbursement agreement contradicts
previous Council action. He stated there is no accurate data to
determine how much these improvements will cost the people. He
said for ten years, all tax revenues generated by this project
will be returned to Williams Brothers to pay this debt back, this
in spite of the fact the people were told the project will bring
tax dollars into the City.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 23, 1992
• PAGE 5
MOTION: Councilmember Mullen moved Item A-4 be pulled and
returned to staff for further review based on the com-
ments this evening, that it then be reviewed by the
Planning Commission for recommendations, and returned
back to Council for further review at a public hearing.
The motion was seconded by Councilmember Luna.
Mayor Sheetz asked Mr. Crawford several questions with regard to
reimbursement agreements. Mr. Crawford acknowledged the proposed
agreement is one way to deal with off -site improvements required
as the result of a development.
Councilmember Baker asked if the Halferty project will impact the
intersection and will they be required to pay a percentage of the
improvements for this site? Mr. Crawford stated staff will defi-
nitely examine the Halferty project for potential impacts and
perhaps contributing to the City's share of this project.
Councilmember Wuriu asked Mr. Crawford if the agreement is fair
to the City? Mr. Crawford stated it is a matter of perception;
he believes the methodology used is reasonable and the City is
not being saddled with an unfair agreement. He noted it is
staff's responsibility to move forward with a project once Coun-
cil has adopted conditions. Staff has attempted to bring an
• agreement equitable to both parties.
Councilmember Mullen stated the agreement commits the City to
something they never agreed to. She said there is too little
information to act this evening.
Councilmember Mullen called for the question.
Mayor Sheetz asked the City Attorney to explained why this item
was scheduled on the Consent Calendar? Ms. Skousen stated reim-
bursement agreements are generally on the Consent Calendar. It
is well known Council can pull items from the Consent Calendar
and discuss them separately. She noted no public hearing is
required for a reimbursement agreement.
The motion failed with Councilmembers Baker, Wuriu and
Mayor Sheetz voting no. (2-3)
MOTION: Councilmember Baker moved for approval of Item A-4.
The motion was seconded by Councilmember Wuriu.
Councilmember Mullen stated she will vote in favor of the motion
only to give herself the privilege to bring it back for reconsid-
eration. Councilmember Luna stated he is voting affirmative for
the same purpose.
• The motion was unanimously carried. (5-0)
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 23, 1992
• PAGE 6
MOTION: Councilmember Mullen moved to reconsider and enter on
the minutes this vote and bring it back to the next
regularly scheduled meeting of the City Council in
December. The motion was seconded by Councilmember
Luna.
Mayor Sheetz directed the Clerk make a notation of the
motion.
Councilmember Mullen announced this action stops all action on
the previous vote and requires this action to be brought back to
the next City Council meeting; virtually nullifying action this
evening and bringing it back to the new Council in December.
NONE
C. NEW BUSINESS
C-1 RESOLUTION NO 144-92 APPROVING CONSOLIDATION OF LEASE SITES
78-79W AND 80-81W AND APPROVAL OF NEW LEASE FOR THE CONSOL-
IDATED LEASED AREA (701/715 EMBARCADERO• VAN BEURDEN INVEST-
MENTS. LESSEE)
• Mr. Algert reviewed this item which authorizes the Mayor to exe-
cute a new 40 year lease agreement with the Van Beurdens and com-
bines Lease Site 78-79W and Lease Site 80-81W into one lease. It
also provides for reconstruction of improvements on the Lease
Site.
MOTION: Councilmember Wuriu moved for adoption of Resolution
No. 144-92. The motion was seconded by Councilmember
Mullen and unanimously carried. (5-0)
C-2 COUNCITMEMRER REQUEST FOR CONSIDERATION OF JUDGE'S ORDER FOR
CITY'S MEASURE H COMPLIANCE
Mr. Henderson stated at the time the Agenda was prepared and dis-
tributed, the City had not received a copy of the Judge's Order.
However, Council is now in receipt of this order; the item was
agendized at Councilmember Mullen's request.
Councilmember Mullen stated the City now has a direct order from
the Court to rescind Ordinance No. 415 and Resolution No. 20-92
and amend LCP Amendment 2-91. Councilmember Mullen asked the
City Attorney if Council could go ahead and rescind the Ordinance
and Resolution this evening? Ms. Skousen stated these ordinances
are governed under the Subdivision Map Act of State law. Council
action this evening should be to direct the Planning Commission
• to take action to make a recommendation as to the repeal (which
they have to do according to the court order), and direct them to
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 23, 1992
• PAGE 7
take action on the new ordinance which will be required to imple-
ment Measure H. She noted even though the City is required to
obey the court order, State law still requires the Planning Com-
mission to hold a public hearing and make recommendations to
Council.
MOTION: Councilmember Mullen moved this item be referred to the
Planning Commission with directions to hold the neces-
sary public hearings on both the repeal of these mea-
sures and the adoption of appropriate measures to
implement Measure H in accordance with the court order.
The motion was seconded by Councilmember Wuriu and
unanimously carried. (5-0)
C-3 MAYOR REQUEST FOR CONSIDERATION OF CHANGING NAME OF "ANCHOR
PARK" TO "ANDY ZATKO MEMORIAL PARK" AND COUNCIL_MEMBER
RFOUEST FOR CONSIDERATION OF ADDITIONAL MEMORIAM
Mayor Sheetz stated she received a request from Mary Phillips to
postpone this item to the next meeting as she is not able to be
present at this time.
D. PUBL•IC HEARINGS REPORTS & APPEARANCES
• D-1 APPEARANCE OF GARY NISKER REQUESTING EXCEPTION AND WAIVER OF
DEPOSIT FEES FOR WATER SERVICE
Mr. Henderson stated this item was continued from the last meet-
ing at Mr. Nisker's request. He noted no waivers of the City's
deposit fees have been granted in the past; a payment plan can be
arranged if Mr. Nisker desires.
Mayor Sheetz opened the hearing to the public for comments. Mr.
Nisker was not present at the meeting and there were no other
public comments.
MOTION: Councilmember Luna moved the request for waiver of
deposit fees be denied and Mr. Nisker be so notified.
The motion was seconded by Councilmember Baker and
*
unanimously carried. (5-0)
D-2 RESOLUTION NO 145-92 MAKING FINDINGS THE STATE MODEL• WATER
EFFICIENT LANDSCAPE ORDINANCE IS UNNECESSARY IN THE CITY OF
MORRO BAY
Mr. Wolter stated the City's Water Advisory Board, Recreation and
Parks Commission, and Planning Commission have reviewed the
State's model water efficient landscape ordinance and all believe
the model ordinance is unnecessary in Morro Bay due to already
existing policies and ordinances which regulate the use of water.
• *Corrected 12-14-92,0add,"Councilmember Mullen noted the City does not have the
staff to do individual credit checks to determine and individual's credit history."
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 23, 1992
PAGE 8
Councilmember Mullen asked if comments could be forwarded to the
State that the City believes their ordinance is too technical and
would cost quite a bit to administer? Mr. Wolter stated yes,
those comments can be included with the transmittal of the
Resolution.
Mayor Sheetz opened the hearing to the public for comments; there
were no comments and the hearing was closed.
MOTION: Councilmember Luna moved for the adoption of Resolution
No. 145-92. The motion was seconded by Councilmember
Baker and unanimously carried. (5-0)
Mr. Wolter reviewed the background on this item and stated he has
met with representatives of the Marina Square Project and
People's Self -Help Housing to discuss the use and payment of park
retrofit water equivalencies. He reviewed the negotiations and
compromises reached which include allowing the developers to per-
form the irrigation projects on Del Mar Park and Keiser Park
themselves in order to save money.
• Councilmember Mullen was concerned with setting a precedent by
approving this item for Marina Square. She asked if a resolution
can be prepared citing specific public benefits as rationale for
Council approval? Mr. Wolter stated yes, the public benefit to
the City is receiving new technology and improvements in park
irrigation which provides for a water savings to the public. He
noted there are no other parks left to retrofit.
Mayor Sheetz opened the hearing to the public for comments.
John Linhares, 2718 Alder, asked why no other agency has the
opportunity to apply for these water equivalencies? Mr. Wolter
stated the Council previously made a decision to allow People's
Self -Help Housing to retrofit a park based on the public benefits
of their low-income housing project, and also allocated water to
Marina Square in 1989 because they came up with the idea. Coun-
cil allocated the water to Marina Square at that time.
Nelson Sullivan objected to the proceedings at the last Council
meeting at which time he scheduled an agenda item to discuss this
subject. He stated he made his statements after which the public
hearing was closed, staff made their presentation, and Council
made a decision. He should have been given the opportunity to
respond to staff comments. He said water equivalencies are
awarded after the retrofitting has taken place, not before.
Also, the equivalencies could not be awarded after Measure I was
0
adopted.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 23, 1992
• PAGE 9
Jeanette Duncan, Executive Director of People's Self -Help Hous-
ing, complimented Mr. Wolter on his report and for working with
them to resolve this issue. She supports the staff
recommendation.
Dale Mitchell, representing Marina Square, stated at a previous
Council meeting, Council decided the water allocation was made
before Measure I was adopted, therefore, Measure I does not apply
to these equivalencies. He encouraged Council to approve the
staff report.
Mayor Sheetz closed the hearing to the public.
Councilmember Luna was concerned if this item is approved, it
will be seen as preferential treatment to Marina Square. Coun-
cilmember Mullen suggested a resolution be prepared citing find-
ings for approving the Marina Square water allocation, i.e., the
City made an agreement with the developer in 1989.
MOTION: Councilmember Baker moved for approval of the staff
recommendation to approve the retrofit of Keiser and
Del Mar Park irrigation systems by Marina Square and
People's Self -Help Housing respectively, waive the
water availability fees for both parties, and authorize
• the City to execute agreement for the park irrigation
retrofits. The motion was seconded by Councilmember
Wuriu.
Councilmember Mullen requested an amendment to the motion that a
Resolution be prepared to state findings for approving the allo-
cation to the Marina Square Project.
Councilmember Baker amended his motion to include find-
ings be prepared to substantiate the allocation to the
Marina Square Project. Councilmember Wuriu accepted
the amendment and the motion was carried with Coun-
cilmember Luna voting no. (4-1)
Mr. Henderson stated a formal resolution will be prepared and
placed on the next agenda as a Consent Calendar item.
D-4
Mr. Funk reviewed this project which is a Concept Plan to demol-
ish an existing former marine and abalone hatching facility and
construction of a retail store and restaurant. The location is
• on a City lease site at 875 Embarcadero. He stated the Planning
Commission has reviewed and approved the project with conditions,
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 23, 1992
• PAGE 10
and recommended the same to Council along with approval of the
Negative Declaration.
Mayor Sheetz asked what the problem is with the applicant's
request for a gate? Mr. Funk stated the Planning Commission was
concerned it might set a precedent; he cited the Local Coastal
Plan's requirements for public access through lease sites.
Mayor Sheetz opened the hearing to the public for comments.
Bob Armet, representing the applicant, encouraged Council's
approval of the staff recommendation. He described the project
noting that it meets the height requirements for the Embarcadero.
There was discussion regarding the gate with Mr. Armet stating
the applicant is concerned about vandalism to some of the
improvements which would be protected by a gate.
MOTION: Councilmember Mullen moved for adoption of Resolution
No. 146-92. The motion was seconded by Councilmember
Luna.
Councilmember Mullen stated she is not in favor of gates; how-
ever, if there is a problem, Council will be willing to
• reconsider.
The motion was unanimously carried. (5-0)
Mr. Funk stated on October 19th, the Planning Commission approved
a Tentative Vesting Map, Coastal Development Permit, and Condi-
tional Use Permit to divide a 177 acre property into one 17.5
acre parcel and a remainder parcel. The developer requested two
additional parcels of 3.18 acres and 7.12 acres; however, the
Planning Commission did not approve this since no Concept Plan
exists for the parcels.
Since that time the City has received three separate appeals on
the project: Tri-W Enterprises requesting parcels 2 and 3 be
allowed to be subdivided and several conditions be eliminated or
• revised; and, Peter Diffley and Christine Granados requesting the
entire map be denied. Mr. Funk gave a detailed review and staff
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 23, 1992
• PAGE 11
response on each of the appeals. He stated Measure H has not
been legally implemented and will not be until the Coastal Com-
mission certifies the zoning. He recommended the Planning Com-
mission decision be upheld and the appeals be denied.
Councilmember Mullen stated the project is not 13 acres; it is a
13 acre shopping center, 4k acres of creek and roads, and another
2k acres of agriculture buffer.
There was discussion regarding the access road on the property
which could encroach onto County boundary lines. Councilmember
Luna asked who would have jurisdiction for approval? Mr. Funk
stated the Coastal Commission. Councilmember Mullen stated there
is not enough information to make a decision on the road; the
matter should be brought back separately.
Mayor Sheetz opened the hearing to the public for comments.
Marshall Ochylski stated it is clear from reading the City's Sub-
division Review Board regulations and the vesting tentative map
regulations that once a city deems an application complete, it
has found the project complies and conforms with all the existing
policies, regulations and ordinances. That determination has
been made, and the project is in conformance. Therefore, the
• arguments raised by appellants Diffley and Granados regarding
conformance are inapplicable. Mr. Ochylski stated the Planning
Commission violated the Brown Act in requesting staff inform the
Council that approvals of Parcels 2 and 3 would be "arbitrary and
capricious". He said that item was not on the agenda for discus-
sion or action and was taken illegally; it should be struck from
the staff report.
Mr. Ochylski stated Tri-W does not want the road. He pointed out
if the road is next to the highway, there will be a cut -back of
60 feet. He noted a determination on the road is not necessary
to approve the map, and Council can remove it from consideration
this evening if they wish.
Christine Granados reviewed her appeal stating the map should not
have been accepted for processing and approval as it violates LCP
policies 3.01, 3.03 and 3.04 and General Plan LUE Policies 22,
22.1 and 79. She emphasized the fact the City must have a Water
Management Plan in place before granting a new subdivision. She
requested Council deny the Tentative Vesting Map.
Ann Freeman, 785 Cabrillo, stated Measure H was in effect on the
day the Council confirmed the vote, and the City has not complied
with the wishes of the voters. She noted the Council accepted
resignations from the Planning Commission because they delayed in
sending Measure H to the Coastal Commission. Ms. Freeman stated
• Judge Coffee has two times ruled on the legality of Measure H and
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 23, 1992
• PAGE 12
this City Council has not complied with either the ordinance or
the court.
Bob Lane stated an initiative takes effect the day after the
election, and the Council has no right to do anything that vio-
lates Measure H. He said the court will assess sanctions against
the City.
Nelson Sullivan could not understand how this property is in pos-
session of eight water equivalencies; they are not legally enti-
tled to more than one.
Katherine Walling expressed concern the buildings be made
substantial enough to withstand a major earthquake.
Mr. Ochylski stated in response to the comments by Ms. Granados,
the map has already been determined to be complete. Councilmem-
ber Mullen clarified the City Council can deny the map this
evening; Mr. Ochylski agreed. He stated the map does not confer
any development rights; it just invests the policies and ordi-
nances in effect at the time it is approved. He noted the
Coastal Commission has made exceptions to LCP policies. He also
stated the LCP (Measure H) amendment is not in effect until the
Coastal Commission certifies it; it is State law.
• Mr. Ochylski reviewed Tri-W appeal items and requested Council
grant them.
Mayor Sheetz asked the City Attorney to review the effect of
State law on local initiatives. Ms. Skousen stated the 4aw*is
clear when a governmental agency is located in the Coastal Zone
neither the people nor the Council can adopt changes in the land
use or zoning without Coastal Commission approval. The people
and the Council only have as much power to adopt ordinances as
the State law grants; State law takes precedence over local gov-
ernment laws.
Councilmember Mullen asked if the City is obligated to approve
the map tonight? Ms. Skousen stated no.
MOTION: Councilmember Mullen moved the Vesting Map be denied.
The motion was seconded by Councilmember Luna.
Councilmember Mullen stated approval of this map violates General
Plan, Land Use Element, and Local Coastal Plan policies. The
City should not subdivide previously subdivided property without
a Water Management Plan.
Mayor Sheetz stated the current map is not the same brought to
the City two years ago; the City has set a precedent in approving
• items of this nature by approving the Point Motel and Cloisters
projects.
*Corrected 12-14-92 Council meeting, insert "Attorney General's opinion"
MINUTES - MORRO
REGULAR MEETING
• PAGE 13
BAY CITY COUNCIL
- NOVEMBER 23, 1992
The motion failed with Councilmembers Baker, Wuriu, and
Mayor Sheetz voting no. (2-3)
Mayor Sheetz suggested Council move through the appeal items
individually.
TRI-W APPEAL
A. Elimination of Parcels 2 & 3
MOTION: Councilmember Baker moved the appeal on this item be
upheld with new language added that parcels 2 and 3
will not be developed or considered for development
until approval of a Water Management Plan. The motion
was seconded by Councilmember Wuriu.
Ms. Skousen stated the action would be a modification of Condi-
tion B.2 of the Conditions to the Map, B.2 will be deleted and
instead insert that "no development shall occur on parcels 2 and
3 until the City has adopted a Water Management Plan".
Councilmember Mullen stated on each of these issues that are
clearly wrong and immoral, she will vote yes only to allow her-
self to have it reconsidered at the next meeting under Robert
Rules of Order.
The motion was unanimously carried. (5-0)
Councilmember Mullen moved to reconsider and enter on the minutes
the previous vote. Councilmember Luna seconded the motion.
Mayor Sheetz stated the Clerk will so note.
B. ORen Space Easement (Concept Plan)
MOTION: Mayor Sheetz moved for approval to modify the condition
and delete 11B.3 (Hillside Areas)" in Condition B.4.
The motion was seconded by Councilmember Baker.
Councilmembers Mullen and Luna stated they are only voting in
the affirmative so this item can be reconsidered at the next
meeting.
The motion unanimously carried. (5-0).
Councilmember Mullen moved to reconsider and enter on the minutes
the previous vote. The motion was seconded by Councilmember
Luna.
• Mayor Sheetz directed the Clerk take note.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 23, 1992
• PAGE 14
C. Special Blocker Strip
MOTION: Councilmember Baker moved the appeal be upheld on the
blocker strip. The motion was seconded by Councilmem-
ber Wuriu.
Councilmember Wuriu asked Mr. Crawford for his opinion on the
developer's objection to this item. Mr. Crawford stated the City
is required to give the developer an encroachment permit for the
existing use or the condition becomes moot and the City would not
be able to require the blocker strip.
Ms. Skousen clarified Council action is to delete Condition No.
D.5.
Councilmembers Mullen and Luna stated they are only voting in
the affirmative so this item can be reconsidered at the next
meeting.
The motion carried with Councilmember Wuriu voting no.
(4-1).
Councilmember Mullen moved to reconsider and enter on the minutes
the previous vote. The motion was seconded by Councilmember
• Luna.
Mayor Sheetz directed the Clerk take note.
D. Circulation Element Modifications
MOTION: Councilmember Baker moved the appeal be upheld and Con-
dition D.6 be deleted. The motion was seconded by
Councilmember Wuriu.
Councilmembers Mullen and Luna stated they are voting in the
affirmative in order to allow themselves to come back and recon-
sider this at the next City Council meeting in December.
The motion was unanimously carried. (5-0).
Councilmember Mullen moved to reconsider and enter on the minutes
the previous vote. The motion was seconded by Councilmember
Luna.
Mayor Sheetz directed the Clerk take note.
E. Street Name•
Councilmember Wuriu suggested the Council do nothing about this
item; it is not a proper subject for Council to consider.
• No action was taken on this item.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 23, 1992
• PAGE 15
GRANADOS APPEAL
F. Lack
of Water to Serve Project
G. Require
a Precise Plan
H. Circulation
Element Consistency
I. County
Notice of Project
MOTION:
Councilmember Luna
moved the appeal
be upheld. The
motion was seconded
by Councilmember
Mullen and failed
with Councilmembers
Baker, Wuriu, and
Mayor Sheetz vot-
ing no. (2-3)
MOTION:
Councilmember Baker
moved the appeal
be denied. The
motion was seconded
by Councilmember Wuriu.
Councilmembers Mullen and Luna
stated they are voting again in
the affirmative only to allow
us to reconsider
this at the first
meeting
in December.
The motion unanimously carried. (5-0).
• Councilmember Mullen moved to reconsider and enter on the minutes
the previous vote. The motion was seconded by Councilmember
Luna.
Mayor Sheetz directed the Clerk take note.
DIFFLEY
J. Measure H Compliance
MOTION: Mayor Sheetz moved the appeal be denied. The motion
was seconded by Councilmember Baker.
Councilmembers Mullen and Luna stated they are voting in the
affirmative only to reconsider this at the next meeting.
The motion unanimously carried. (5-0).
Councilmember Mullen moved to reconsider and enter on the min-
utes. The motion was seconded by Councilmember Luna.
Mayor Sheetz directed the Clerk take note.
MOTION: Councilmember Wuriu moved to approve the map as
amended. The motion was seconded by Councilmember
• Baker.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 23, 1992
• PAGE 16
Councilmembers Mullen and Luna stated they are voting in the
affirmative one more time only to have the opportunity to bring
it back.
Ms. Skousen asked for a clarification the motion; was it to
approve Resolution No. 141-92 as amended? Council concurred.
The motion unanimously carried. (5-0).
Councilmember Mullen moved to reconsider and enter on the minutes
the previous vote. The motion was seconded by Councilmember
Luna.
Mayor Sheetz directed the Clerk take note.
Mayor Sheetz stated she understands once a vesting map has been
approved it cannot be rescinded. Councilmember Mullen stated all
of this is coming back in December. Ms. Skousen stated this item
will not automatically go to the Coastal Commission unless it is
appealed to the Coastal Commission. She stated it is clear once
a vesting map has been approved it cannot be rescinded; however,
today is the first time she has heard of a motion to reconsider
and enter it on the minutes, and she does not know what effect
• that has.
Councilmember Mullen read from Robert's Rules of Order.
Mayor Sheetz asked if State law takes precedence over Robert's
Rules of Order? Ms. Skousen stated yes, but the issue is when
there's a motion to reconsider, was the map really approved? She
does not know the answer to that. She said Councilmember
Mullen's point is because she made the motion to reconsider, the
map was never really approved. Mayor Sheetz's point is it's been
formally approved, therefore it cannot be rescinded.
Councilmember Mullen read from Robert's Rules of Order (RRO).
Mayor Sheetz stated at this time she would like to call up the
reconsider motions that have been placed upon the map; and she
also quoted from Robert's Rules of Order.
Councilmember Mullen stated Mayor Sheetz cannot act on the recon-
sider items this evening.
Mayor Sheetz stated she is the presiding chair and has the final
decision to make on what is a point of order and what a motion is
and is not. Mayor Sheetz said according to RRO, this item can
immediately be recalled, which she stated she is recalling at
this point; she requested a vote from Council if they wish to
• have this matter brought back for reconsideration at the next
meeting.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 23, 1992
• PAGE 17
Ms. Skousen read the same section from several different versions
of RRO. She stated the Morro Bay Municipal Code refers to RRO,
Revised Edition, and the copy she has states it is "Newly
Revised". Ms. Skousen stated it appears to be a point of order,
and the point of order is made by the chair, which is the Mayor.
Councilmember Mullen can then appeal the point of order and vote
on the point of order.
Mayor Sheetz stated she has called up the question Councilmember
Mullen asked for reconsideration. Councilmember Mullen strongly
objected; she said it is totally unethical and should not be
considered.*
Mayor Sheetz stated it is a point of order, she has called up the
question and requested Council vote whether or not to have these
items reconsidered at the first meeting in December.
Ms. Skousen asked if the motion was to call up the question on
all motions to reconsider? Mayor Sheetz stated yes.
Councilmember Mullen requested a third party opinion on this.
Ms. Skousen stated RRO states when there is a point of order, the
rules are very clear that the chair makes the decision, someone
• appeals the chair's decision, and then the City Council votes.
MOTION: Councilmember Luna moved the item be tabled and Council
move onto the next item.
Mayor Sheetz stated he cannot make that motion; there is a motion
on the floor. Councilmember Luna disagreed.
There was discussion whether the motion was seconded; Councilmem-
ber Luna and Councilmember Mullen agreed it was seconded.
The motion to table the item failed with Councilmembers
Baker, Wuriu and Mayor Sheetz voting no. (2-3)
Mayor Sheetz called up the eight points Councilmember Mullen has
asked for reconsideration and said the motion is whether or not
the Council wishes to reconsider these items at the next meeting?
There was some confusion as to the motion.
Judy Davidoff, attorney for Tri-W, asked for a point of clarifi-
cation. She asked if the reconsideration motion is for both the
reimbursement agreement and the map? Mayor Sheetz stated she has
called up the question both items; whether or not the Council
wants these items reconsidered as stated in Councilmember
Mullen's motions on both the map and the reimbursement agreement.
• *Corrected 12-14-92 Council meeting, add; "Councilmember Mullen stated when she
discussed the matter earlier in the day with Ms. Skousen, the City Attorney
agreed to support the motions Councilmember Mullen intended to make. She asked
what had happened between then and 4:00 p.m. this afternoon? She wondered why
all Councilmembers are reading from Robert Rules of Order this evening.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 23, 1992
• PAGE 18
Councilmember Mullen asked if the motion was to reconsider them
at the next meeting? Mayor Sheetz stated yes. Councilmember
Mullen stated yes, we do.
The motion to reconsider these items at the next meet-
ing failed with Councilmembers Baker, Wuriu and Mayor
Sheetz voting no. (2-3)
Mayor Sheetz stated you cannot bring something back a second time
for reconsideration.
Councilmember Mullen asked the City Attorney if it turns out this
is an incorrect move by the Mayor, can this in fact be reconsid-
ered at the next meeting? Ms. Skousen stated in order to pre-
serve that right, Councilmember Mullen should appeal the Chair's
interpretation of Robert's Rules of Order.
MOTION: Councilmember Mullen moved to appeal the Chair's inter-
pretation of Robert's Rules of Order regarding the
reconsideration entered into the record and the recon-
sideration in general. The motion was seconded by
Councilmember Luna and failed with Councilmembers
Baker, Wuriu, and Mayor Sheetz voting no. (2-3)
• Councilmember Mullen questioned what options are available at
this time? Ms. Skousen was unsure. She thought perhaps Coun-
cilmember Mullen could make a motion to rescind the point of
order at the next meeting and if that is rescinded, she could
then try and reinstate the motions to reconsider.
Mayor Sheetz called for the order of the day.
D-6 ORDINANCE. NO 425 ANNOUNCING FINDINGS AND ADOPTING AMEND-
MENTS TO CORRECT AN ERROR IN LANGUAGE IN ORDINANCE NO, 394
AMENDING THE MORRO BAY MUNICIPAL CODE SECTION 13,20,080 A.
B.I. AND B.2 [INTRODUCTION/ FIRST READING)
Mr. Funk explained language had unintentionally been left our of
Ordinance No. 394 when it was adopted. The ordinance has to do
with allowing historical water use back to 1977 for a three-year
window period. Unfortunately, in the final of several drafts,
language establishing the three-year window period was not rein-
serted. This ordinance will clarify and comply with Council's
intent.
Mayor Sheetz opened the hearing to the public for comments.
Nelson Sullivan objected to the ordinance. He stated it is pos-
sible for someone to have a leak and run up their usage; he asked
if that would be a legally permitted use? He said the language
• in the ordinance is much too vague.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 23, 1992
PAGE 19
• Mayor Sheetz returned the matter to Council.
MOTION: Councilmember Wuriu moved Ordinance No. 425 be read by
title and number only. The motion was seconded by
Councilmember Baker and unanimously carried. (5-0)
Mr. Henderson read Ordinance No. 425 by title and number only.
MOTION: Councilmember Luna moved for approval of the introduc-
tion and first reading of Ordinance No. 425. The
motion was seconded by Councilmember Baker and unani-
mously carried. (5-0)
F.
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 11:00 p.m.
Recorded by:
ARDITH DAVIS
City Clerk
•
�ORI»A wMToi�.-.w»q.
'. INIpMwI tM.M..IM
A 1RN, MATMNs, IAECB, GAMBLE & MALLDny
ATTOANCYS AT LAW
• IAMiN[M»I INOLUOIMO r"OTI91I0@1L C011rOMAT10MN
OIO Soul" ►IOUCNOA GTNCLT. ■IOMTM ILOON
LOG ANOCLsa, CCALI►OANIA g0071-93te0
TCLi•MONC M1,71 at" son
IACOIMILC I2101 OCO•dOIO
November 23, 1992
DEC - 2 1992
ADMINISTRATION OFFICE
CITY O� aORRO BAY
VIA TELECOPIER
Honorable Mayor and City Council
of Morro Bay, California
• 595 Harbor Street
Morro Bay, CA 93442
Re: Reimbursement Agreement with
Tri-W Enterprises Inc
Ladies and Gentlemen:
"ANe UN
I0"OO VON MA►MAN. POU"TN (LOON
INVINR CALIIOANIA 007I0.I561
TCLCrr ONt OIAI C"i.,813
PAGGIMILC M141 lva.41M
"AN OI[ee Olnu
ALTO L.A JOLLA VILLAO■ OMIVC. SUITM COO
BAN 0I900. CALIIO"NIA •CICC
TCLC►NON[ 101111 CCl.CIC
►AC"IMILIC ICI"1 86C•1510
w LO" ANaft" ,Mae
loss AVCNUC Or T.Ii HAM►. ►UITC 1000
LOM ANCCLCO, CA61rONNIA MOON
TiLM►MON" Mal as."a,
/ACSIMIL" I3101 tCM.N10
*UPI Me MYM■""•
H 3539-004
541/IASa
w"ITay easel a AL NVr At
We represent Halferty Development,, the developer of
Cypress Plaza Shopping Center. Earlier today I was informed that
the City Council intends to consider @ Reimbursement Agreement
with Tri-W Enterprises, Inc. in connection with the proposed
Creekside Center development as a consent Calendar item during
the meeting scheduled for this evening. I have reviewed a draft
of the Reimbursement Agreement and I urge you to defer
consideration of it for the reasons set forth below.
First, the Agreement requires the City "to use its best
efforts not to issue any permits to potential future
beneficiaries of such (traffic] improvements until satisfactory
arrangements have been made for payment of the appropriate
reimbursement from such future beneficiary". The City Council
does not have the authority to preclude issuance of A= permits
to the potential beneficiaries of the traffic improvements
installed by Tri-W Enterprises. Indeed, the traffic improvements
LAW OFFICCa
ALLEN, MATKINS, LECK, GAMBLE & MALLORY
A PARTNERSHIP INCLUOINO PROFESSIONAL CORPORATIONS
Honorable Mayor and City Council
of Morro Hay, California
November 23, 1992
Page 2
will benefit all users of them, albeit to varying degrees.
Nevertheless, no standard has been established for this
potentially far-reaching abrogation of the City's police powers.
In addition, many of the permits that will, in all likelihood, be
issued to beneficiaries of the traffic improvements will be
ministerial --not discretionary --and, therefore, should not be
subject to any such limitation. In summary, this restriction
would limit the City's police powers, which it cannot contract
away, especially with respect to such a broad and vaguely defined
class.
Second, by adopting a fee for potential future
beneficiaries of the traffic improvements required in connection
with the Tri-W Creekside Center project, the City would violate
California Government Code §66001. That section clearly sets
• forth the standards for imposing a new fee on development, the
size of.the fee and the use of the proceeds. Section 8 of the
Reimbursement Agreement authorizes the City Engineer to "prorate
the cost of such improvements against all lots or parcels, which
in the future may be benefited by same. Such proration shall be
in any m8nner as may, in the opinion of the City Engineer,
provide an equitable distribution of costs". Government Code
Section 66005(a) limits local agencies' ability to impose a fee
or exaction as a condition of approval for a proposed development
or development project to those which do "not exceed the
estimated reasonable cost of providing the service or facility
for which the fee or exaction is imposed". The Reimbursement
Agreement does not require the City Engineer to satisfy that
standard. Government Code §66001(b) requires a local agency to
"determine how there is a reasonable relationship between the
amount of the fee and the cost of the public facility or portion
of the public facility attributable to the development on which
the fee is imposed", It does not allow the City to authorize the
City Engineer to make whatever proration he or she deems
equitable. Imposing an illegal development fee should subject
the City Council, and its members in their individual capacity,
to liability under the Federal Civil Rights Act for violating the
Fifth and Fourteenth Amendments of the United States
Cdnstitution.
Third., it is my understanding that no public hearing has
41 ever been held regarding the Reimbursement Agreement or its
LAW OFFICES
ALLEN, MATKINS, Lux, GAMBLE & MALLORY
A PARTNCASNIP INCLUOINO PROFLSCIONAL OOAPOAATIONB
•
Honorable Mayor and City Council
of Morro Bay, California
November 23, 1992
Page 3
significant impacts on the community. I was very surprised to
learn that this matter had been placed on the consent calendar,
Precluding any significant public discussion. As for as I know,
this item was not part of the posted agenda as required by the
Brown Act. In addition, because of the significant effects on so
many members of the public, it is not clear whether the City
satisfied its public meeting notice requirements, As you may
recall, punishment for violations of the Brown Act are meted out
against members of the City Council in their individual
capacity,
Fourth, by approving the discretionary Reimbursement
Agreement, the City would violate the California Environmental
Quality Act ("CEQA") by failing to consider the significant
adverse impacts that the Agreement may produce. In particular,
it is not clear whether the City ever considered the impacts of
the new development fee on other projects, landowners or
developers. Absent appropriate environmental clearance under
CEQA, the City Council will subject itself to legal challenge on
this action.
F
dreasons
eferringconsiderationofethe1ReimbursementsAgreementeuntilnthe
City Council has more time to consider these and other
Potentially significant issues relating to it. In the meantime,
if you have any questions or comments, please contact me at your
convenience.
ASB
L
very truly yours,
Antho y S. B uza C
n
u
NOT = C E OF ADJOURNED MEET = NG
NOTICE IS HEREBY GIVEN that the Morro Bay City Council regular
meeting held on Monday, November 9, 1992 at 6:00 p.m. in the Veterans
Memorial Building has been adjourned to Thursday, November 12, 1992 at
6:00 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro
Bay, CA.
At said Meeting, Council will immediately adjourn to Closed
Session in accordance with Government Code §54956.9(a), pending
litigation, as follows:
City of Morro Bay v California Coastal Commission, Case Nos,
120512 and 121637; Santa Cruz Superior Court
Cavucos Sanitary District v City of Morro Bay, Case Nos. 70420
and 17224; San Luis Obispo Superior Court
Cavucos Sanitary District V. California Coastal Commission, Case
no. 71030; San Luis Obispo Superior Court
DATED: November 10, 1992
r
R SE MARIE SHEETZ, Mayo
City of Morro Bay, Californ
0
City Of Morro Bay
' City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life
which we all enjoy. We are committed to this purpose and will provide a level of municipal
service consistent and responsive to our public and its needs.
CLOSED SESSION - NOVEMBER 9, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
595 HARBOR ST., MORRO BAY, CA
E-1 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION, VOTERS INITIATIVE
COMMITTEE V WILLIAMS BROTHERS AND CITY OF MORRO BAY, CASE NO.
B067517, COURT OF APPEAL, 2ND APPELLATE DISTRICT, DIVISION 6
E-2 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION:
♦ CITY OF MORRO BAY V. CALIFORNIA COASTAL COMMISSION, CASE NOS.
120512 AND 121637, SANTA CRUZ COUNTY SUPERIOR COURT
♦ CAYUCOS SANITARY DISTRICT V. CITY OF MORRO BAY, CASE NOS. 70420 AND
71224; AND, CAYUCOS SANITARY DISTRICT V. CALIFORNIA COASTAL COMMIS-
SION, CASE NO. 17030, SAN LUIS OBISPO SUPERIOR COURT
I
ROLL CALL
INVOCATION
PLEDGE OF
ALLEGIANCE
REGULAR MEETING - NOVEMBER 9, 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.
•Z • y_ C.. CDT 51 _M_ •
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 RECLAMATION WORKSHOP OF OCTOBER 1, 1992;
CLOSED SESSION OF OCTOBER 6, 1992; CLOSED SESSION OF OCTOBER 19, 1992;
CLOSED SESSION OF OCTOBER 20, 1992; WORKSHOP MEETING WITH EMPLOYEE
BUDGET TASK FORCE OF OCTOBER 23, 1992; AND REGULAR MEETING OF OCTOBER
26, 1992
o-2 WATER SUPPLY STATUS REPORT
A-3 RESOLUTION NO. 139-92 COMMENDING GALEN RICARD FOR DIRECTION OF THE
1992 ANNUAL HARBOR FESTIVAL
A-4 RESOLUTION NO. 134-92 COMMENDING MARY PHILLIPS AND MORRO BAY SENIOR
CITIZENS FOR THEIR EFFORTS IN SECURING AND DONATING THE "ARE YOU OK?"
COMPUTER SYSTEM TO THE MORRO BAY FIRE DEPARTMENT
A-5 RESOLUTION NO. 135-92 APPROVING PARCEL MAP MB 91-221, THREE -UNIT CON-
DOMINIUM CONVERSION, SOUTH-EAST CORNER OF VISTA STREET AND SHASTA AVE.
A-6 SET DATE (23 NOVEMBER 1992) FOR APPEAL FROM PLANNING COMMISSION CONDI-
TIONS OF APPROVAL ON REQUEST FOR VESTING TENTATIVE PARCEL MAP AND
COASTAL DEVELOPMENT PERMIT TO SUBDIVIDE ONE EXISTING 177.23 ACRE PAR-
CEL INTO THREE PARCELS OF 17.50 ACRES; 3.18 ACRES; 7.12 ACRES WITH A
REMAINDER PARCEL OF 147.44 ACRES FOR PROPERTY LOCATED AT THE EASTERN
TERMINUS OF MORRO BAY BLVD. AT HIGHWAY ONE (CASE NO. PM 04-92
(VESTING)/CDP 43-92; MERRIL WILLIAMS, TRI W. ENTERPRISES, APPLICANT)
A-7 AUTHORIZATION TO ADVERTISE FOR VACANCIES ON CITY COUNCIL ADVISORY
BOARDS (TERMS ENDING 31 DECEMBER 1992)
0 -`
NONE
C. NEW BUSINESS
C-1 RESOLUTION NO. 136-92 AUTHORIZING AMENDMENT TO LEASE AND RESOLUTION
NO. 137-92 CONSENTING TO ASSIGNMENT OF LEASE FOR LEASE SITE 96/96W (AL
HALL DBA WHALE'S TAIL, LESSEE; JAMES AND MARGIE GEORGE, ASSIGNEES)
4-2 CONSIDERATION OF LATE APPEALS (CASE NO. PM 04-92 (VESTING)/CDP 43-92;
MERRIL WILLIAMS, TRI W. ENTERPRISES, APPLICANT)
D-1 APPEARANCE OF GARY NISKER REQUESTING EXCEPTION AND WAIVER OF DEPOSIT
FEES FOR WATER SERVICE
D-2 PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION APPROVAL OF CASE NO.
CUP 12-92/CDP 27-92/TM 02-92 TO ALLOW THE PHASED DEMOLITION OF AN
EXISTING COMMERCIAL SHOPPING CENTER AND CONSTRUCTION OF A 104,000
SQ.FT. COMMERCIAL SHOPPING CENTER WITH A FAST-FOOD RESTAURANT AT PROP-
ERTY BOUNDED BY QUINTANA ROAD, KENNEDY WAY, AND PINEY WAY (THE
HALFERTY CO., APPLICANT/DALE REDDELL AND VONS COMPANIES, INC.,
APPELLANTS)
D-3 ORDINANCE NO. 424 AMENDING MORRO BAY MUNICIPAL CODE CHAPTER 13.20 TO
ALLOW TRANSFER OF WATER UNITS FROM ONE SITE TO ANOTHER (INTRODUCTION/
FIRST READING)
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 - NOVEMBER 9, 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: Forrest Henderson
Judy Skousen
Jon Crawford
David Hunt
E. CLOSED SESSION
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
City Attorney
Public Works Dir.
Special Counsel
E-1 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION, VOTERS
INITIATIVE COMMITTEE V. WILLIAMS BROTHERS AND CITY OF MORRO
DM, CASE NO. B067517, COURT OF APPEAL, 2ND APPELLATE DIS-
TRICT, DIVISION 6
E-2 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION:
♦ CITY OF MORRO BAY V. CALIFORNIA COASTAL COMMISSION, CASE
NOS. 120512 AND 121637, SANTA CRUZ COUNTY SUPERIOR COURT
♦ CAYUCOS SANITARY DISTRICT V. CITY OF MORRO BAY, CASE NOS.
70420 AND 71224; AND, CAYUCOS SANITARY DISTRICT V.
CALIFORNIA COASTAL COMMISSION, CASE NO. 17030, SAN LUIS
OBISPO SUPERIOR COURT
MOTION: Mayor Sheetz 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 5:15 p.m. and returned
to regular session at 5:43 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 5:43 p.m.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 9, 1992
PAGE 2
• MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 9, 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:
Forrest Henderson
City Administrator
Judy Skousen
City Attorney
Rick Algert
Harbor Director
Jon Crawford
Public Works Dir.
Ardith Davis
City Clerk
Don Funk
Comm. Dev. Dir.
Dave Howell
Police Chief
Father Colm
O'Connor, St. Joseph's Catholic Church in Cayucos,
gave the invocation, and Councilmember
Baker led the Pledge of
Allegiance.
PRESENTATIONS
RESOLUTION
NO 134 92 COMMENDING M_ARY
PHILLIPS AND MORRO BAY
SENIOR CITIZENS
FOR THEIR EFFORTS IN SECURING
AND DONATING THE
"ARE YOU OK?" COMPUTER SYSTEM TO THE MORRO
BAY FIRE DEPARTMENT
Mayor Sheetz called members of the Morro Bay Fire Department,
President Ed McCracken and Past -President June Hofstead of the
Morro Bay Senior Citizens, and Mary Phillips forward. She com-
mended the Morro Bay Fire employees for their dedication to the
health and safety of Morro Bay's population; the Morro Bay Senior
Citizens' generosity in purchasing the "Are You OK?" program; and
Mary Phillips for bringing the item to the attention of the Morro
Bay Seniors and Fire Department and coordinating the acquisition
of the computer program.
Mayor Sheetz read the Resolution commending the Senior Citizens
and Mary Phillips.
RESOLUTION NO 139-92 COMMENDING GALEN RICARD FOR DIRECTION OF
THE 1992 ANNUAL HARBOR FESTIVAL
• Mayor Sheetz called Galen Ricard forward. She stated she has
long wanted to commend Ms. Ricard for her time and tireless
efforts in developing the Morro Bay Harbor Festival into one of
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 9, 1992
PAGE 3
. the most successful festivals celebrated throughout the State.
Mayor Sheetz read the Resolution and thanked Ms. Ricard for her
many contributions.
Ms. Ricard thanked Mayor Sheetz and the Council and commented on
the wonderful support of the community on behalf of the Festival.
1. Mary Phillips, 2645 Ironwood, referred to the terrible
tragedy that happened over the weekend leaving three people in
Morro Bay dead. She said everyone knew Andy Zatko and the many
contributions he has made to the community. She does not believe
Mr. Zatko has ever received recognition for these items and
requested Council prepare a Certificate of Appreciation in this
regard. She said Mr. Zatko requested the Memorial Anchor at
Anchor Park be painted gold, and she asked Council to carry out
this wish. Also, he donated a cannon to the City with the
request it be fired on special occasions. Ms. Phillips asked
this wish also be carried out and stated she would be willing to
pay for the insurance necessary to allow this to happen.
2. Roger Ewing spoke in support of Mary Phillips'
comments.
3. Nelson Sullivan agreed with the comments regarding Andy
Zatko. Mr. Sullivan objected to the Council procedures for
Agenda items wherein an individual states his case, and then
staff and Council discuss the matter without further input from
the requesting party. He said the City Attorney stated at the
last Council meeting the Coastal Commission allowed the City to
use 100% of the water saved by a project when retrofitting. He
said this is true after the City establishes the fact they have
saved the water. The City has never proved a 1:1 ratio savings.
Mr. Funk responded by reviewing research he conducted regarding
the Marina Square project. He noted when the project was origi-
nally proposed, staff was working from the old water table.
1. Mayor Sheetz requested an item be scheduled on the next
Agenda to consider re -naming "Anchor Park" to "Andy Zatko Memo-
rial Park". She noted she requested flags be flown at half-mast
until after Mr. Zatko's funeral.
June Hofstead, 690 Elena, thanked those who ran for Mayor of
Morro Bay for being willing to take on the job.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 9, 1992
PAGE 4
. A. CONSENT CALENDAR
A-1 CITY COUNCIL MINUTES OF THE RECLAMATION WORKSHOP OF OCTOBER
1. 1992; CLOSED SESSION OF OCTOBER 6, 1992; CLOSED SESSION
OF OCTOBER 19, 1992; CLOSED SESSION OF OCTOBER 20, 1992;
WORKSHOP MEETING WITH EMPLOYEE BUDGET TASK FORCE OF OCTOBER
23, 1992: AND REGULAR MEETING OF OCTOBER 26, 1992
Mr. Henderson recommended Council approve the minutes as
submitted.
A-2 WATER SUPPLY STATUS REPORT
Mr. Henderson recommended Council accept the Report for file.
OF ,_ 1992 ANNUALHARBOR
recommendedMr. Henderson .
SENIOR CITIZENS FOR THEIR EFFORTS IN SECURXNG
THE "ARE
• :_: 4V \ _ COMPUTERSYSTEM _ _ _
Mr. Henderson recommended Council adopt Resolution No. 134-95.
A-5 RESOLUTION NO, 135-92
NG PARCEL MAP MB 91-
UNIT CONDOMINIUM CONVERSION, _OaCORNER - - STREET AND
SHASTA AVE,
Mr. Henderson recommended Council adopt Resolution No. 135-92.
A-6 SET DATE (23 NOVEMBER 19921 FOR APPEAL FROM PLANNING COMMI
SION CONDITIONS OF APPROVAL ON REQUEST FOR VESTIN AINT&IJAM
PARCEL MAP AND COASTAL DEVELOPMENT PERMIT TO SUDDjYjDE—Qjn-
EXISTING 177.23 ACRE PARCEL INTO THREE PARCELS OF 12.611
ACRES: 3.18 ACRES, 7.12 ACRES WITH A REMAINDILCE��l
147.44 ACRES FOR PROPERTY LOCATED AT THE BASTE
MORRO BAY BLVD. AT HIGHWAY ONE f CASE NO
APPLICANT)
Henderson • u - • - • Council set Monday,
the date for the public hearing on the appeal.
A-7 AUTHORIZATION TO ADVERTISE FOR VACANCIES ON CITY COUNCIL
ADVISORY BOARDS (TERMS ENDING 31 DECEMBER 1992)
Mr. Henderson advised no action is necessary on this item; it is
information only.
• Councilmember Luna requested Item A-1 be pulled for separate
action.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 9, 1992
PAGE 5
COUNCILA-1 CITY VINUTES OF y • • •'
Councilmember Luna requested an amendment to Item D-1, page 7,
fourth paragraph which discusses the RFP. It was noted at the
meeting the RFP had been modeled after one from the City of Santa
Maria. He requested this information be included in the minutes.
MOTION: Councilmember Luna moved for approval of the Consent
Calendar including the amendment to the minutes. The
motion was seconded by Councilmember Baker and unani-
mously carried. (5-0)
C-1 RESOLUTION NO 136-92 AUTHORIZING AMENDMENT TO LEASE AND
RESOLUTION NO 137-92 CONSENTING TO ASSIGNMENT OF LEASE FOR
TEASE SITE 96,/96W (AL HALL DBA WHALE'S TAIL LESSEE; JAMES
AND MARGIE GEORGE, ASSIGNEES)
Mr. Algert reviewed the proposed amendment to the lease and
assignment from Al Hall to James and Margie George. He reviewed
the financial history of the lease site, noting Mr. Hall's
attempts to sell the business but having difficulties because of
the City's $40,000 building buy back principal. Mr. Algert
reviewed the negotiations between Mr. Hall and the City and rec-
ommended an amendment to the lease to allow a sale of the site to
benefit both Mr. Hall and the City. Mr. Algert stated the
assignment to Mr. George is recommended based on his current suc-
cess with the Harbor Center and proven financial ability to oper-
ate the site.
MOTION: Councilmember Luna moved for adoption of Resolution No.
136-92. The motion was seconded by Councilmember Wuriu
and unanimously carried. (5-0)
MOTION: Councilmember Luna moved for adoption of Resolution No.
137-92. The motion was seconded by Councilmember Baker
and unanimously carried. (5-0)
C-2 CONSIDERATION OF LATE APPEALS (CASE NO, PM 04-92
APPLICANT)
Mr. Henderson stated when originally received, it appeared the
appeals by Peter Diffley and Christine Granados were late; how-
• ever, on further investigation, it was determined the period for
appeals on tentative maps is 15 days rather than 10 days. There-
•
J
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 9, 1992
PAGE 6
fore, these appeals are timely and will be heard on November 23rd
along with the appeal from Tri W.
MOTION: Councilmember Wuriu moved the appeals be set for Novem-
ber 23rd. The motion was seconded by Councilmember
Baker and unanimously carried. (5-0)
D. PUBLIC HEARINGS. REPORTS & APPEARANCES
Mr. Henderson advised his office received a telephone call from
Mr. Nisker last week requesting this item be held over to the
next meeting. The City has requested written confirmation of
this information, but has not yet received it.
MOTION: Councilmember Baker moved this item be postponed until
the applicant re -applies. The motion was seconded by
Councilmember Luna and unanimously carried. (5-0)
Ms. Skousen stated Vons Company filed a demand letter stating the
City violated the Brown Act by not specifically noticing the CEQA
determination on the Agenda. Although the City could probably
argue the case in court stating the City substantially complied,
the City could lose the case requiring the project approval to be
nullified and the process to be repeated. This would be after
several thousands of dollars is spent in legal fees and court
costs. Ms. Skousen stated the Brown Act allows the City cure
violations by repeating the process; she recommended Council take
this action by referring the matter back to the Planning
Commission.
Mayor Sheetz opened the hearing to the public for comments; there
were no comments and the hearing was closed.
Councilmember Mullen asked about the items raised by Dale Reddell
alleging lack of legal notification. Ms. Skousen stated notices
were sent to addresses listed on the last Tax Assessor's role;
however, an effort will be made to ensure proper notification.
MOTION: Councilmember Mullen moved this item be referred to the
Planning Commission. The motion was seconded by Coun-
cilmember Baker and unanimously carried. (5-0)
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 9, 1992
PAGE 7
D-3 ORDINANCE NO, 424 AMENDING MORRO BAY MUNICIPAL CODE CHAPTER
13.20 To ALLOW TRANSFER OF WATER UNITS FROM HE SITE TO
ANOTHER (INTRODUCTION/FIRST READING).
Ms. Skousen stated the proposed ordinance is a compilation of
items discussed in 1990, 1991, and recent meetings in 1992. Ms.
Skousen discussed the concept of transferring water cautioning
the main concern is to make sure water does not become an artifi-
cial commodity. She reviewed various issues in the ordinance and
requested Council provide policy direction.
Councilmember Wuriu stated he agrees with the principal; however,
believes it to be fraught with danger if not implemented cor-
rectly. He asked if Council will have the authority to turn down
requests if they believe additional water will be used? Ms.
Skousen stated yes, noting the ordinance stipulates enough water
has to remain on the donor site to cover its current use.
Councilmember Mullen asked why this item was not referred to the
Water Advisory Board? Ms. Skousen stated the Water Advisory
Board did review the issue of water transfers between properties,
but did not recommend transfers except for single family to sin-
gle family. Councilmember Mullen believes the proposed ordinance
is more liberal than intended by Council. She is concerned
almost anything could be construed as "public benefit" allowing
unlimited transfers.
Councilmember Baker stated Council is over -concerned about this
item; it will merely open opportunities so downtown business can
get going again.
Mayor Sheetz stated the ordinance should stipulate transfers are
only allowed if both properties are entirely owned by the same
person.
Councilmember Luna stated it is important Council not ignore
action they have already taken to loosen up water policy in the
City to help stimulate the economy.
Mayor Sheetz opened the hearing to the public.
Roger Ewing said this action will open a "Pandora's Box" and make
water a commodity. He was concerned affordable housing will be
lost.
Bruce Risley, member of the Water Advisory Board, stated the
Board discussed this issue at least three times; they have not
had the opportunity to review the ordinance as presently before
Council.
Charles Palmer stated the water equivalency unit was derived in
• 1975 as the average amount of water used by a single family
dwelling over a five year period. He said the water equivalency
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 9, 1992
PAGE 8
• is no longer a valid figure. The City should establish a system
of checks and balances.
Ann Freeman, 785 Cabrillo and member of the Water Advisory Board,
stated she is concerned about possible abuses with water trans-
fers. She said the WAB approved, with great reluctance, the
transfer of water from single family to single family only. The
ordinance should be written so the matter is out of the hands of
Council and not decided on a case by case basis.
Suedene Nelson, Chamber of Commerce, said the subject needs to be
looked at as a possibility of creating hope in the City by
increasing building activity.
Nelson Sullivan said if it's possible for something to go wrong,
it will. He noted the main point made by the Coastal Commission
is no development will increase water use. Anyone who looks at
the Alta Morro development and does not believe it increases
water use is crazy. He said the proposed ordinance should be
discarded.
Mayor Sheetz closed the hearing to the public.
Councilmember Mullen stated Council opened a great amount of
water for business at their last meeting, and this ordinance is
not needed. She believes the ordinance will cause many more
problems than it will solve.
MOTION: Councilmember Mullen moved the whole issue be returned
to the Water Advisory Board for them to define what a
public benefit means, look at items No. 2 in the ordi-
nance proposed by the City Attorney, and discuss like
use or what water can be transferred. The motion was
seconded by Councilmember Luna.
Councilmember Wuriu stated it should be made clear to the Water
Advisory Board that Council would like to see some step made in
the direction of water transfers. As long as the controls are
strict, the City should provide something to help those who want
to build.
Councilmember Baker stated there will not be a rush of applica-
tions for this program. He requested transfer of water between
businesses should also be considered if the matter is referred to
the Water Advisory Board.
Mayor Sheetz has no objections to returning the matter to the
Water Advisory Board. She commented the water given out recently
is miniscule. The tax base in town needs to be increased and the
only way to do that is to help the business community.
. The motion was unanimously carried. (5-0)
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - NOVEMBER 9, 1992
PAGE 9
F.
MOTION: Councilmember Luna moved the meeting be adjourned to
Thursday, November 12th at 6:00 p.m. in the City Hall
Conference Room to continue discussion of Closed Ses-
sion items. The motion was seconded by Councilmember
Baker and unanimously carried. (5-0)
The meeting adjourned at 7:20 p.m.
Recorded by:
ARDITH DAVIS
City Clerk
I
11
0
au�(xl a6ol, l q��
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 - OCTOBER 26, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
595 HARBOR ST., MORRO BAY, CA
E-1 GOVERNMENT CODE §54956.9(B)(1), POTENTIAL LITIGATION
E-1 GOVERNMENT CODE 554956.9(A), PENDING LITIGATION:
♦ CITY OF MORRO BAY V. CALIFORNIA COASTAL COMMISSION, CASE NOS.
120512 AND 121637, SANTA CRUZ COUNTS( SUPERIOR COURT
CAYU♦ C SANITARY DISTRICT V. CITY I
O , CASE NOS. 70420 AND
71224; AND, AYUCOS SANITARY DISTRI T V. CALIFORNIA COASTAL COMMIS-
SION, CASE NO. 17030, SAN LUIS OBISPO SUPERIOR COURT
REGULAR MEETING - OCTOBER 26, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
4OLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
PRESENTATIONS
RESOLUTION NO. 132-92 COMMENDING LOUISE BURT FOR HER SERVICES AS FINANCE
DIRECTOR/CITY TREASURER
CERTIFICATE OF APPRECIATION TO MORRO BAY ART ASSOCIATION FOR ART -IN -THE
PARK DONATION TO RECREATION AND PARKS DEPARTMENT
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.
Unless an item is pulled for separate action by the City Council, the fol-
lowing actions are approved without discussion.
W I CITY COUNCIL MINUTES OF THE SPECIAL WORKSHOP MEETING ON OCTOBER 1,
1992 ( Up LLED), AND REGULAR MEETING OF OCTOBER 12, 1992
01
0-2 WATER SUPPLY STATUS REPORT
A-3 EXPENDITURE REPORT - SEPTEMBER 1992
A-4 STATEMENT OF INVESTMENTS - SEPTEMBER 1992
A-5 FORMALIZATION OF UTILITY LINE EASEMENTS ON P.G.&E. PROPERTY
A-6 RESOLUTION NO. 132-92 COMMENDING LOUISE BURT FOR HER SERVICES AS
FINANCE DIRECTOR/CITY TREASURER
A-7 RESOLUTION NO. 128-92 PETITIONING THE SAN LUIS OBISPO COUNTY BOARD OF
SUPERVISORS FOR THE RETENTION OF FILING FEE MONIES TO FUND AN ALTERNA-
TIVE DISPUTE RESOLUTION SERVICES PROGRAM
A-8 PROCLAMATION DECLARING NOVEMBER 1992 AS HOSPICE MONTH
A-9 RESOLUTION NO. 127-92 APPROVING PUBLIC AREA USE PERMIT FOR 1992 ANNUAL
LIGHTED BOAT PARADE (DECEMBER 5, 1992)
A-10 SET DATE (09 NOVEMBER 1992) FOR APPEAL OF PLANNING COMMISSION APPROVAL
OF CASE NO. CUP 12-92/CDP 27-92/TM 02-92 TO ALLOW THE PHASED DEMOLI-
TION OF AN EXISTING COMMERCIAL SHOPPING CENTER AND CONSTRUCTION OF A
104,000 SQ.FT. COMMERCIAL SHOPPING CENTER WITH A FAST-FOOD RESTAURANT
AT PROPERTY BOUNDED BY QUINTANA ROAD, KENNEDY WAY, AND PINEY WAY (THE
• HALFERTY CO., APPLICANT/DALE REDDELL AND VONS COMPANIES, INC.,
APPELLANTS)
B. UNFINISHED BUSINESS
B-1 ORDINANCE NO. 423 AMENDING MORRO BAY MUNICIPAL CODE §13.20.080 B4 TO
ALLOW BUSINESSES TO MORE EASILY ESTABLISH WITHIN EXISTING COMMERCIAL
AND INDUSTRIAL STRUCTURES (SECOND READING/ADOPTION)
C. NEW BUSINESS
C-1 RESOLUTION AMENDING LEASE AGREEMENT FOR LEASE SITE 96/96W (AL HALL,
LESSEE, DBA WHALES TAIL RESTAURANT (PULLED)
C-2 RESOLUTION NO. 131-92 APPROVING AMENDMENT TO LEASE AGREEMENT FOR LEASE
SITE 110W-112W AND PORTION OF 111.5W (GREAT AMERICAN FISH CO.)
D. PUBLIC HEARINGS REPORTS & APPEARANCES
D-1 AWARD OF REQUEST FOR PROPOSALS (RFP NO. PW 92-252) FOR RESIDENTIAL AND
COMMERCIAL CURBSIDE RECYCLING SERVICES (RESOLUTION NO. 130-92)
D-2 PUBLIC HEARING ON REQUEST FOR CONDITIONAL USE PERMIT, COASTAL DEVELOP-
MENT PERMIT, AND VESTING TENTATIVE TRACT MAP TO CREATE A TEN LOT RESI-
DENTIAL SUBDIVISION FOR CUSTOM SINGLE FAMILY HOMES (CASE NO. CUP 11-
92/CDP 22-92/TM 02-92 CONCEPT PLAN) F. DENIS, APPLICANT/POINT MOTEL
• PROPERTY, TORO LANE
F
3 CONSIDERATION OF USING PARKING -IN -LIEU FEES FOR PUBLIC TRANSPORTATION
-4 APPEARANCE BY NELSON SULLIVAN REQUESTING RECONSIDERATION OF THE WATER
ALLOCATION TRANSFER FROM CITY PARK RETROFITTING TO THE MARINA SQUARE
RESTAURANT
F.
C� J
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 - OCTOBER 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
Mayor
John Baker
Councilmember
Ben Luna
Councilmember
Susan Mullen
Councilmember
Tom Wuriu
Councilmember
ABSENT: None
STAFF: Forrest Henderson
City Administrator
Judy Skousen
City Attorney
E. CLOSED SESSION
E-1 GOVERNMENT CODE §54956.9(B)(1), POTENTIAL LITIGATION
E-2 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION:
♦ CITY OF MORRO BAY V. CALIFORNIA COASTAL COMMISSION, CASE
NOS. 120512 AND 121637, SANTA CRUZ COUNTY SUPERIOR COURT
♦ CAYUCOS SANITARY DISTRICT V. CITY OF MORRO BAY, CASE NOS.
70420 AND 71224; AND, CAYUCOS SANITARY DISTRICT V.
CALIFORNIA COASTAL COMMISSION, CASE NO. 17030, SAN LUIS
OBISPO SUPERIOR COURT
MOTION: Mayor Sheetz 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.
The meeting adjourned to Closed Session at 5:15 p.m. and returned
to regular session at 5:45 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 5:45 p.m.
•
n
L
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 26, 1992
PAGE 2
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 26, 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
John Baker
Ben Luna
Susan Mullen
Tom Wuriu
ABSENT: None
STAFF: Forrest Henderson
Judy Skousen
Rick Algert
Louise Burt
Jon Crawford
Ardith Davis
Don Funk
Dave Howell
Jeff Jones
Mike Upton
Steve Wolter
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
City Attorney
Harbor Director
Finance Director
Public Works Dir.
City Clerk
Comm. Dev. Dir.
Police Chief
Fire Chief
Admin. Asst.
Rec. & Parks Dir.
Mayor Sheetz stated Council took action in Closed Session rela-
tive to litigation and requested City Attorney Judy Skousen
announce the details. Ms. Skousen stated the City Council
resolved and settled a claim by Serdena Harvey in the amount of
$40,000 for sewer back-up damages to her home. The City Adminis-
trator has been authorized to issue a check in that amount.
Mayor Sheetz stated the Morro Bay Art Association is presenting
the City with a check in the amount of $1,623 as a donation to
the Recreation and Parks Department scholarship program. These
funds were earned through the Art Association's three annual Art -
in -the -Park festivities. Frankie Hayes, President; Bill Morem,
Treasurer; and Dale Flynn, Show Director came forward to accept a
Certificate of Appreciation from the Mayor. The Association pre-
sented the Mayor with the check.
Mayor Sheetz thanked the lifeguards for their dedication and
life-saving efforts on Morro Bay's beaches throughout the summer.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 26, 1992
PAGE 3
• Certificates were presented to Andrea Cullen, Kathleen O'Connell,
Lisa Peters, Jason Bell, Chris Ramirez, and Curt Thiesen.
Mayor Sheetz stated one of the most highly respected members of
the City's management team is leaving City employ for a position
in Ukiah, California. Mayor Sheetz presented Louise Burt with a
Resolution commending her services as Finance Director/City Trea-
surer of the City of Morro Bay for the last nine years.
Ms. Burt thanked Council for the opportunity to be of service,
and stated she has made many wonderful friendships in Morro Bay
throughout the years.
Pastor Robert Adams, First Christian Church, gave the invocation,
and Horace Strong led the Pledge of Allegiance.
Vaul• vie
1. Dale Reddell, 680 Sequoia Court, referred to an article
in the Sun -Bulletin regarding his appeal of the Vons Shopping
Center project as being totally untrue. He also objected to the
quotes in the article attributed to Mayor Sheetz. He stated it
is his right as a citizen and neighboring property owner to
appeal a project. His appeal is based on the fact the Planning
Commission did not adequately address the traffic impacts, and
the traffic study is inadequate and did not take into account the
impacts to Highway 1. He stated although he is a property owner
less than 300 feet from the project, he received no notice of the
project's hearing. Mr. Reddell stated he is in favor of the pro-
ject and believes the City needs it, but is appealing to make
sure the traffic impacts are considered.
2. Steve Americaner, attorney with Hatch & Parent and for-
mer City Attorney of the City of Santa Barbara, stated he repre-
sents Vons in their appeal of the Vons Project. He requested the
hearing date be set to November 23rd; the November 9th recom-
mended hearing date does not give them enough time to review the
record and prepare their case. He noted the Albertson's project
may be receiving special treatment compared to other projects
that have gone through a long involved process.
3. Mary Phillips called for the resignation of Adminis-
traive Assistant Mike Upton, Sandra Santini of the Solid Waste
Management Board, and perhaps other boardmembers as well. She
relayed information she heard on a tape of the Board's meeting in
September which was about her and unkind; she said there is some
kind of hoax regarding the $1,000 donation to pay her refuse
bill. Ms. Phillips stated she is owed a public apology.
• 4. Roger Ewing spoke against Vons' attorney's request for
additional time to prepare for the hearing. The majority of the
community is behind the project, and there is no reason to delay.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 26, 1992
PAGE 4
• 5. Nelson Sullivan addressed Item C-2 on the agenda, Amend-
ment to Lease for Lease Site 110W-112W and portion of 111.5W,
Great American Fish Co. He said it seems the report in the
Agenda Packet states since they were getting away with only pay-
ing 5% on their liquor sales in the past, they should be getting
away with it in the future; from here on in they are saving 3%
tax on their dinner drinks.
6. Anawake Unger commented on Item D-1 and suggested the
City contact the high school to involve the youth in a City-wide
recycling program. She noted the ECOSLO proposal has a plan to
involve the youth and urged Council to consider their plan.
'-'-'_--6z •_ _ 1. ��• M
None.
Z _ _ Z _ .IJ�.�
A-1 CITY COUNCIL MINUTES OF THE SPECIAL WORKSHOP MEETING ON
OCTOBER 1 1992 (PULLED) AND REGULAR MEETING OF OCTOBER 12
1992
Mr. Henderson recommended Council approve the minutes of October
12, 1992.
A-2 WATER SUPPLY STATUS REPORT
Mr. Henderson recommended Council receive the report for file.
A-3 EXPENDITURE REPORT - SEPTEMBER 1992
Mr. Henderson recommended Council approve the Expenditure Report.
A-4 STATEMENT OF INVESTMENTS - SEPTEMBER 1992
Mr. Henderson recommended Council accept the Statement of Invest-
ments for file.
A-5 FORMALIZATION OF UTILITY LINE EASEMENTS ON P G &E PROPERTY
(RESOLUTION NO. 129-92)
Mr. Henderson recommended Council adopt Resolution No. 129-92.
A-6 RESOLUTION NO 132-92 COMMENDING LOUISE BURT FOR HER SER-
VICES AS FINANCE DIRECTOR/CITY TREASURER
Mr. Henderson recommended Council adopt Resolution No. 132-92.
A-7 RESOLUTION NO 128-92 PETITIONING THE SAN LUIS OBISPO COUNTY
• BOARD OF SUPERVISORS FOR THE RETENTION OF FILING FEE MONIES
TO FUND AN ALTERNATIVE DISPUTE RESOLUTION SERVICES PROGRAM
Mr. Henderson recommended Council adopt Resolution No. 128-92.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 26, 1992
PAGE 5
• A-g PROCLAMATION DECLARING NOVEMBER 1992 AS HOSPICE MONTH
Mr. Henderson recommended Council approve the Proclamation.
Mr. Henderson recommended Council adopt Resolution No. 127-92.
SIR
Mr. Henderson recommended Council set November 9th as the date to
hear the appeals.
Councilmember Baker requested Item A-10 be pulled for separate
discussion.
MOTION: Councilmember Wuriu moved for the approval of the Con-
sent Calendar with the exception of Item A-10. The
motion was seconded by Councilmember Luna and unani-
mously carried. (5-0)
Councilmember Baker asked if the Albertson proposal addresses
traffic circulation problems? Mr. Crawford stated the traffic
study does address the Morro Bay Blvd./Quintana Road intersection
and conditions have been placed on the developer to require cer-
tain improvements to the intersection.
MOTION: Councilmember Mullen moved for the approval of Item
A-10. The motion was seconded by Councilmember Luna
and unanimously carried. (5-0)
B. UNFINISHED BUSINESS
Mr. Henderson stated this is second and final reading of an ordi-
nance which recognizes a maximum .15 water equivalency unit in
existing commercial buildings.
• MOTION: Councilmember Mullen moved Ordinance No. 423 be read by
title and number only. The motion was seconded by
Councilmember Luna and unanimously carried. (5-0)
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 26, 1992
PAGE 6
. Mr. Henderson read Ordinance No. 423 by title and number only.
MOTION: Councilmember Wuriu moved for the adoption of the sec-
ond and final reading of Ordinance No. 423. The motion
was seconded by Councilmember Luna and unanimously
carried. (5-0)
Councilmember Mullen requested the newspapers print an article
informing the public of this new ordinance. It is one of the
most pro -business ordinances the City Council has adopted in many
years.
C. NEW BUSINESS
FO ON
} V. _ .; _ �. N _ s _ _ 111.5W _
FIS
Rick Algert stated the proposed amendment clarifies accounting
procedures and increases rent requiring the lessee to pay the
City 3% of gross sales on dinner and 10% on bar receipts. He
noted previous lease provisions only required 5% on bar receipts;
this agreement was made during a period of low economics. The
restaurant is now required to pay full lease requirements.
MOTION: Councilmember Wuriu moved for adoption of Resolution
No. 131-92. The motion was seconded by Councilmember
Baker and unanimously carried. (5-0)
D. PUBLIC HEARINGS. REPORTS & APPEARANCES
AWARD
OR
- REQUEST • Mom. PROPOSALS � • RECYCLING _ RESI-
DENTIAL(RESOLUTION NO. 130-92)
Councilmember Mullen stepped down from consideration of this item
due to a conflict of interest.
Mr. Crawford reviewed the process staff conducted to solicit RFPs
from responsible vendors. He noted fifteen RFP packages were
distributed, and proposals received from ECOSLO, Morro Bay
Garbage Service, and RALCCO Resource Recovery. The proposals
were evaluated by an independent evaluation committee consisting
of Steve Devencenzi, Solid Waste Program Manager for the San Luis
Obispo Council of Governments; Jim Wright, Recycling Director for
the Community Environmental Council of Santa Barbara; Robert
McDougle and Sandra Santini, Solid Waste Management Board mem-
bers. They unanimously recommended the recycling contract be
• awarded to MBGS. This recommendation was approved by the Solid
Waste Management Board.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 26, 1992
PAGE 7
Councilmember Wuriu asked if there will be an increase in rates
when the contract is awarded? Mr. Crawford stated yes, there
will be an increase in orange bag customers from $1 to $1.30; 1-
can customers will increase from $6.50 to $7.25; and standard
customers will increase from $9.60 to $10.70.
Mayor Sheetz asked if the ECOSLO proposal includes a plan to
carry out their concept? Mr. Crawford stated their plan would
allow the school to develop a program, and ECOSLO would work with
the program until it was operational and running. It relies on
considerable local interest.
Councilmember Luna stated a letter was included in the ECOSLO RFP
from Morro Bay High School in support of ECOSLO's proposal; he
asked why the letter was not included in the staff report? Mr.
Crawford stated the letter was an attachment to the RFP proposal
and none of the proposals were copied to Council; he stated the
letter was considered in the evaluation process.
Councilmember Luna stated he received comments the RFP, at over
100 pages, was too long; he asked why it was necessary to have
such a lengthy RFP? Mr. Crawford stated the RFP was modeled
after the Dial -a -Ride RFP which received good response; informa-
tion from other communities was also integrated into the RFP.
Mr. Upton noted the City's RFP also included a proposed contract
so the vendors would know what to except. Information regarding
AB 939 was attached as well.
Mayor Sheetz opened the hearing to the public for comments.
Mr. Henderson pointed out the.chart detailing rates (Exhibit A of
the Franchise Agreement) has an error; it establishes 4 cans as
standard service and should be 6 cans. Council previously
directed standard service remain at 6 cans.
Roger Ewing, past member of the Solid Waste Management Board,
requested Council extend the contract submittal date in order to
give ECOSLO an opportunity to expand their proposal and work with
Morro Bay High School on specifics. He noted it is an opportu-
nity to keep money local.
Steve Aslanidis, President of RALCCO Resource Recovery, criti-
cized the length and detail of the RFP, and stated the Council is
faced with burdening the taxpayers with a $750,000 curbside recy-
cling program over the next four years with the MBGS contract.
Kurt Kupper, director of ECOSLO, gave Council copies of ECOSLO's
response to the City's RFP. Mayor Sheetz stated there is a let-
ter in the ECOSLO proposal addressed to her from Morro Bay High
School which she has never received. Mr. Kupper stated it was
' submitted to the Public Works Department with the ECOSLO pro-
posal; copies of the proposal were provided for distribution to
Council. He stated he was frustrated with the RFP process; it
left out any chance for creativity in recycling. He requested
Council allow an additional six to eight weeks to submit a more
*, and an RFP for recycling services from the City of Santa Maria
(correction at City Council meeting of 11-9-92)
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 26, 1992
PAGE 8
. detailed proposal to the City; this will give him time to work on
specifics with high school representatives.
Vivian Doubledee, Chamber of Commerce President, stated the
ECOSLO proposal has been discussed with the Chamber Board. Their
consensus was the concept is great; however, a plan will take a
lot of work. The youth will need an incentive to participate in
the project.
Mary Phillips, 2645 Ironwood, spoke on behalf of ECOSLO's request
for additional time.
Colby Crotzer stated he works with children every day and they
thrive on structure and enjoy the recycling process; they want to
make the earth a more beautiful place.
Mary Coffeen, 560 Bernardo, stated she has long been involved in
recycling and believes ECOSLO has the know-how to work with the
school and move forward with their plan.
Mayor Sheetz closed the hearing to the public.
Mayor Sheetz asked why she did not receive a copy of the letter
addressed to her from Morro Bay High School? Mr. Crawford stated
it was an attachment to ECOSLO's proposal; he believed the origi-
nal letter had been mailed to Mayor Sheetz.
Council questioned why they had not received copies of the pro-
posal. Mr. Crawford stated staff does not generally copy propos-
als or bids for Council, but provides an analysis of the informa-
tion and a recommendation. He also stated information is
included in the proposals which he believes is confidential until
the RFP is awarded.
Councilmember Wuriu commented it is difficult to compare the pro-
posals without having copies of them. Councilmember Baker stated
if every bid and every proposal came before the City Council for
evaluation, the Council would not have time to do anything. The
proposals received staff, Solid Waste Management Board, and an
outside evaluation committee input. He does not believe staff
should be criticized for doing something in the normal manner.
He said he has no objection to allowing additional time for
ECOSLO to submit details.
Councilmember Luna stated the ECOSLO proposal provides a unique
opportunity for a creation of jobs in the community and a greater
incentive to keep high school students locally. Councilmember
Luna stated he has considerable experience working with the youth
and believes the ECOSLO proposal could prevent students from get-
ting into trouble.
• Councilmember Wuriu agreed extra time should be allowed for
ECOSLO to submit a more detailed proposal. However, he noted
someone is going to have to run the program and it is serious
business.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 26, 1992
PAGE 9
• Councilmember Luna was in favor of allowing a 90 day extension to
accept proposals. Ms. Skousen noted if Council allows ECOSLO to
re -submit, they must give everyone else the same opportunity.
Also, the same process should be followed with recommendations
from the independent evaluation committee, staff, and the Solid
Waste Management Board.
MOTION: Councilmember Baker moved the submittal period be
extended for two months and all applicants be allowed
to re -submit. The motion was seconded by Councilmember
Wuriu.
Councilmember Luna stated he will vote no on the motion only
because he believes 90 days is necessary in order for ECOSLO to
fully explore their concept.
The motion carried with Councilmember Luna voting no
and Councilmember Mullen abstaining. (3-1-1)
Councilmember Mullen returned to her Council seat.
D-2 PUBLIC HEARING ON REQUEST FOR CONDITIONAL
COASTAL DEVELOPMENT PERMIT, AND VESTING TENTATIVE TEMT EM
To
AL
CREATE FAMILYSINGLE H • D • -
CONCEPT PLAN) F. DENIS, APPLICANT/POINT MOTEL P
;N_
Mr. Funk reviewed the proposal to divide property on Toro Lane
into ten lots. He described the project and stated both the
Planning Commission and the Recreation and Parks Commission have
reviewed the project and recommend its approval with specific
conditions.
Councilmember Mullen read LCP Policy 3.03 relating to the
requirement of a water management plan before further subdivi-
sions are allowed. She stated it is well known the City does not
have the water to provide for existing lots in the City. She
asked what is the reason for establishing new lots knowing the
City cannot provide them with water, and potentially inviting
lawsuits? Mr. Funk stated Condition 20 addresses the water item
allowing only the units with existing on -site water to be built
at this time; the other units will have to wait their turn
through the long-term waiting list.
Councilmember Mullen asked if the policy should be eliminated
from the LCP since the City does not follow it? Mr. Funk stated
no, the standards in the policy are contained in the vesting map
section of the Code which requires the applicant to determine if
adequate water resources are available upon any request for
• extension of time.
Councilmember Mullen asked if City regulations require affordable
housing be implemented in the project? Mr. Funk stated Council
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 26, 1992
PAGE 10
• has considered adopting regulations; however, staff is still
working on the language to establish an in -lieu fee for afford-
able housing. Mr. Funk noted this is only the concept plan
review and the City will still have an opportunity to place con-
ditions with regard to affordable housing at a later date.
Councilmembers asked several questions to which Mr. Funk
responded.
Mayor Sheetz opened the hearing to the public.
Mike Multari stated he is with the firm Crawford Multari & Starr
and represents the applicant in this project. He outlined the
various public improvements that will be made to the area includ-
ing dedication of two-thirds of property to the City for open
space.
He stated the applicant has objections to two of the conditions;
one is the requirements to build a stairway to the beach, and the
other is the requirement to create an assessment district to
maintain the public facilities. He pointed to LCP Policy 1.11A
adopted by the Coastal Commission for this property which pro-
vides for an exception to building the stairway, and the assump-
tion of liability and maintenance obligations for the public
improvements. He stated initially only three units will be built
and those will bear the burden of maintenance and upkeep for the
ten parcels.
Colby Crotzer stated there will be little involved in landscaping
and maintenance of the area since conditions are any planting is
required to blend in with the natural state of the area. He
objects to having the taxpayer pay for upkeep on the property so
the applicant can develop his property. The applicant should
also pay for the stairway.
Nelson Sullivan said Measure I states the City cannot allocate
more than 50% of conserved water to new uses; it is only allowed
if the existing building is demolished and the same use re -built.
A residential use is not the same as the motel use currently at
this site.
Frank Denis, applicant, said he is trying to put together a pro-
ject of which he and the City can be proud. He expressed his
objection to the condition requiring him to build the stairway
and the creation of an assessment district. He said there are
other ways to get to the beach rather than use a stairway. Mr.
Denis stated he is giving up 65% of the property for open space
and thinks that is enough.
There was considerable discussion regarding the two requirements.
Ms. Skousen stated the stairway is expensive to maintain and it
. is a liability. She suggested the stairway be given to the State
since they are requiring it; the City should not accept it as a
City facility. Mr. Funk noted the stairway will be primarily on
State property.,
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 26, 1992
PAGE 11
• Mayor Sheetz called a recess from 8:30 p.m. to 8:38 p.m.
MOTION: Councilmember Baker moved for approval of the applica-
tion with an amendment to the conditions to eliminate
the requirement for a stairway.
The motion died for lack of a second.
Mr. Multari stated Mr. Denis will compromise by agreeing to
install the stairway if the City will accept the liability.
Staff noted both the Cloisters project and Bayshore Bluffs have
been required to form an assessment district to pay for mainte-
nance of facilities.
MOTION: Mayor Sheetz moved for adoption of Resolution No.
133-92 approving the Planning Commission's recommenda-
tion with the removal of the requirement for an assess-
ment district. The motion was seconded by Councilmem-
ber Wuriu.
There was further discussion regarding the stairway and the pos-
sibility of giving it to the State. Mr. Funk stated he has dis-
cussed the project with Dave Sears of the State Department of
Parks and Recreation; Mr. Sears is interested in the property,
but not with the improvements.
Mayor Sheetz amended her motion to adopt Resolution No.
133-92 approving the Planning Commission's recommenda-
tion with an amendment directing the assessment dis-
trict and park improvement requirements be deferred to
seven years, or until 70% of the lots have been sold,
whichever comes first; at that time the City and prop-
erty owners will negotiate an assessment district. The
amendment was accepted by Councilmember Wuriu and car-
ried with Councilmember Mullen voting no. (4-1)
There was discussion regarding the imposition of an in -lieu
affordable housing fee. Ms. Skousen stated the fee cannot be
assessed on a the project since the fee is not law at this time.
Councilmember Mullen disagreed stating the City has held public
hearings on this item and expressed its intent to adopt such
fees.
No further action was taken.
D-3 CONSIDERATION OF USING PARKING -IN -LIEU
TRANSPORTATION
Mr. Funk stated Councilmember Luna requested an analysis of
• whether or not in lieu parking fees could be used to fund a tran-
sit vehicle for the Embarcadero and downtown areas. He stated
the current draft of the Parking Management Plan is being circu-
lated and provisions could be inserted in the Plan to include a
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 26, 1992
PAGE 12
transit vehicle to carry passengers from proposed parking areas
to the downtown and Embarcadero areas. While the use of in -lieu
parking fees for a transit vehicle may be possible, he does not
recommend they be used for operation or maintenance of the tran-
sit system. He suggested Council consider the potential of using
a small portion of the parking in -lieu fee for transit purposes
at the time Council reviews the Draft Parking Management Plan.
Ms. Skousen advised the
mission over parking in
ful to comply with their
City has disagreed with the Coastal Com-
the past, and the City needs to be care -
standards.
Councilmember Luna stated the use of a transit vehicle for down-
town and Embarcadero is an essential component to parking in
Morro Bay. He said several businesses have contributed large
sums of money into the parking in -lieu fee program and will not
benefit from parking spaces created a mile away from their busi-
ness unless there is a connecting system. His idea is to take a
small portion of the in -lieu fees and possibly use it towards the
initial purchase of a transit unit. He requested Council agree
to the concept; he is not asking for a commitment of money at
this time.
Councilmember Mullen asked if the Coastal Commission has been
consulted about using parking in -lieu fees for this purpose? Ms.
Skousen stated no, however, she did talk to them with regard to
the Marina Square project and they wanted more parking than the
City required and they wanted it within walking distance to the
project.
Councilmember Mullen was concerned the parking in -lieu ordinance
dos not allow enough flexibility to help fund a transit vehicle,
and suggested the item be considered with review of the Parking
Management Plan.
Mayor Sheetz opened the hearing to the public; there were no com-
ments, and the hearing was closed.
MOTION: Councilmember Luna Councilmember Luna moved for
approval of the staff recommendation to consider poten-
tial use of a small portion of parking in -lieu fees for
Downtown and Embarcadero transit purposes at the time
of Council's review of the Parking Management Plan.
The motion was seconded by Councilmember Wuriu and
unanimously carried. (5-0)
D-4 APPEARANCE BY NELSON SULLIVAN REQUESTING RECONSIDERATION OF
THE WATER ALLOCATION TRANSFER FROM CITY PARR RETROFIT`►ING TO
THE MARINA SQUARE RESTAURANT
Mr. Sullivan stated the purpose of retrofit is to save water; its
• value is directly proportional to the water scarcity. Since
irrigation of City parks is always stopped during these periods,
the retrofit of parks is irrelevant to this purpose. This is the
reason Measure I excluded allocation transfer credits from park
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 26, 1992
PAGE 13
retrofit to private uses, such as the Marina Square project. He
said the project could be sharing City water during the next dry
spell while retrofitted sprinklers installed to justify the allo-
cation to the Marina Project, are unused. On this basis, Mr.
Sullivan believes the City Council should deny the allocation to
this project.
Mr. Sullivan reviewed the information he provided to Council.
Councilmember Luna questioned the City's use of a 1:1 savings in
the past. Ms. Skousen was not sure why the 1:1 figure was used.
Councilmember Mullen stated she concurs with Mr. Sullivan's
assessment of Measure I and believes the City if violating it.
Mayor Sheetz opened the hearing to the public; there were no com-
ments and the matter was returned to Council.
Councilmember Wuriu requested staff research the history of the
1:1 ratio and how it was established. He believes it is impor-
tant to know the facts behind whatever allocation ratio is estab-
lished since the City is always on the verge of drought.
No action was taken on this matter.
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 9:45 p.m.
Recorded by:
ARDITH DAVIS
City Clerk
C , J
0
40
• NOT S C E OF S P E C= AL MEETING
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, 23 October 1992 at 2:00 p.m. in the
Community Center Studio Room, 1001 Kennedy Way, Morro
Bay, CA.
Said Special Meeting is for the purpose of
conducting a workshop with the Employee Budget Task
Force to review Final Recommendations to prevent
employee layoffs and service reductions in the City of
Morro Bay.
DATED: October 19, 1992
A*
I
•
MINUTES - EMPLOYEE BUDGET TASK FORCE/CITY COUNCIL WORKSHOP
OCTOBER 23, 1992
M.B. COMMUNITY CENTER STUDIO - 2:00 P.M.
The meeting opened at 2:05 p.m.
PRESENT: Rose Marie Sheetz
John Baker
Ben Luna
Sue Mullen
Tom Wuriu
TASK FORCE:
Forrest Henderson
Louise Burt
Jamie Boucher
Sandi Ford
Jim Hayes
Marci Laurent
Sue Lichtenbaum
Susan Parks
Mike Pond
Dick Rodgers
Manny Silva
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
Finance Director
Finance
Comm. Dev.
Public Works
Comm. Dev.
Harbor
Finance
Fire
Harbor
Police
City Council took the following action on the ideas suggested by
the Employees' Budget Task Force.
IDEA 5
Charge Senior Citizens rent for Community Center.
EBTF Recommendation
Agendize for Council review.
Council Action
Council viewed this as the lowest priority of all the ideas and
suggested that it be discussed some time in the future, during
budget sessions.
IDEA 6
Reduce monies awarded to Visitor Promotion Program.
EBTF Recommendation
Consider in future years.
Council Action
This item was placed as the second lowest priority of those
brought before the City Council.
1
• IDEA 9
Harbor Fund to return more money to General Fund for loan
payback.
•
EBTF Recommendation
Send to Harbor Advisory Board for recommendation and agendize for
Council review.
Council Action
City Administrator to direct Harbor Director to have item
agendized by the Harbor Advisory Board to establish a repayment
program from the Harbor Fund to the General Fund.
IDEA 13
Charge for Street Division patch "tie-ins" to new construction.
EBTF Recommendation
Public Works to review current process and establish inspection
fee or fee for City work performed by Council Review.
Council Action
City Administrator to direct Public Works Director/City Engineer
to determine the true cost of tie-ins and agendize for City
Council adoption on a future Consent Calendar, and ultimately add
this fee to the Master Fee Schedule when it is printed for fiscal
year 93-94.
IDEA 15
Reduce call outs on weekends by utilizing on -duty City staff to
perform minor work.
EBTF Recommendation
Public Works to report to City Administrator on possible
implementation.
Council Action
Directed City Administrator to work with appropriate department
heads to resolve issue.
+q
IDEA 16
• Eliminate reading hours and flows on weekends.
EBTF Recommendations
Public Works to report to City Administrator on possible
implementation.
Council Action
Directed City Administrator to work with appropriate department
head to explore alternatives.
IDEA 17
Place gates at Twin Bridges to eliminate overtime during high
water.
EBTF Recommendation
Staff contact risk management firm to assess liability and report
to Council on feasibility.
Council Action
City Administrator directed to explore signage ideas with Public
isWorks Director.
IDEA 19
Reduce number of trash dumpsters on Waterfront/in City parks.
•
EBTF Recommendation
Refer to Refuse Franchise Board for a recommendation to City
Council.
Council Action
This idea was rejected by the City Council. No further action to
be taken.
IDEA 21
Eliminate contract for maintenance of Bayshore Bluffs Park and
perform with City employees.
EBTF Recommendation
Refer to Recreation and Parks Commission for a recommendation to
City Council.
9
•
•
Council Action
City Administrator to direct appropriate department head explore
this idea with the Recreation and Parks commission with
involvement from the Bay Shore Bluffs Home Owners Association.
IDEA 34
Implement launch ramp parking fee.
EBTF Recommendation
Refer to Harbor Advisory Board for recommendation to City
Council.
Council Action
Council directed that this idea be addressed in the City's
parking management plan.
IDEA 35
Begin comprehensive parking program for revenue generation.
EBTF Recommendation
Parking management plan be reviewed with an eye toward General
Fund revenue generation.
Council Action
City Council directed that this item be addressed in the City's
Parking Management Plan, with specific focus on the feasibility
of parking meters.
IDEA 41
Begin Code Enforcement without
review.
EBTF Recommendation
City Administrator/Attorney
Staff to review proposal and report back to City Council.
Council Action
Council directed the City Administrator to work with the
Community Development Department to establish Code Enforcement
procedures, process, and authority.
4
IDEA 42
Rent out storage space on 2nd floor of Community Center.
EBTF Recommendation
Refer to Recreation and Parks Commission for a recommendation to
Council.
Council Action
City Administrator to direct Recreation and Parks Director to
discuss this idea with the Recreation and Parks Commission.
IDS 43
Restructure annual Community Center debt payment over a longer
period of time.
EBTF Recommendation
Finance Director to report on feasibility/Cost/savings to
Council.
Council Action
This item was rejected by the City Council, no Council action
needed.
IDEA 45
Ambulance transport by Fire Department.
EBTF Recommendation
Fire Department to undertake a feasibility analysis and report to
Council.
Council Action
City Administrator to direct appropriate Department Head to
determine cost of feasibility study and bring information back to
city Council.
The meeting adjourned at 3:40 p.m.
Recorded by:
Forrest W. Henderson
City Administrator
• en
5
1-1
•
•
a?,aGw
• CITY OF MORRO BAY - CAYUCOS SANITARY DISTRICT
JOINT POWERS COMMITTEE
MINUTES
October 20, 1992 meeting of the City of Morro Bay/Cayucos Sanitary District Joint
Powers Committee held at the Morro Bay Community Center Multi -Purpose Room, 1001
Kennedy Way, Morro Bay, California.
The meeting was called to order at 7:30 p.m. due to the late arrival of Cayucos Sanitary
District President Terry Schubert.
Roll call was taken and all of the Morro Bay City Council were present and all the
Cayucos Sanitary Board Members were present with the exception of R. Evan Dill,
PUBLIC COMMENT PERIOD - No members of the public were present consequently no
public comment was taken.
A. CONSENT CALENDAR - There were no consent calendar items on the agenda.
B. NEW BUSINESS
1. Interpretation of Paragraph 6 of the Joint Powers Agreement - Voting
on Motions.
• An oral report was given by Morro Bay City Attorney Judy Skousen who
indicated that the purpose of the meeting this evening was to resolve the
controversy regarding the voting issue. Ms. Skousen indicated that she had
researched minutes from past meetings and found that common past practice
was for both bodies to vote on the same motion. Ms. Skousen also indicated that
there were some isolated incidents where separate votes were taken, but these
separate votes were in situations where one agency was granting something to
the other agency or similar situation where separate votes were appropriate.
For joint power issues, the appropriate method is to vote together on the same
motion. Cayucos Sanitary District President Terry Schubert and Boardmember
Robert Enns asked about votes on the Wixom lease site issue which was
discussed at the previous meeting. Morro Bay City Councilmember Susan
Mullen suggested that issue is past, and suggested that the discussion take
incremental steps toward a resolution of the current issue, that of voting
practice. Cayucos Sanitary District President Terry Schubert suggested that a
sub -committee be established with one member of the Cayucos Sanitary
District Board and one member from the Morro Bay City Council with the
objective of trying to resolve the voting issue, with the idea they could resolve
it by discussing a menu of alternatives.
Morro Bay City Councilmember Ben Luna asked if he could serve on such a
sub -committee with a Cayucos Sanitary District Boardmember, with the
suggestion that no attorneys serve on the sub -committee. Cayucos Sanitary
District Boardmember Robert Enns indicated that his copy of the JPA which
was signed by Terry Schubert, also contained the intent of the language, and
indicated that since President Schubert is the most senior member of the board
•
that he should serve on such a sub -committee.
1
u
Morro Bay City Councilmember Susan Mullen indicated that this sub -committee
should be an effort to work toward a level of trust and that no attorneys should
be involved on a sub -committee level. Cayucos Sanitary District President
Schubert said that he would entertain a motion to form a sub -committee as had
been suggested.
MOTION: Cayucos Sanitary District Boardmember Craig made a motion that
a sub -committee as had been suggested, consisting of one member
of the Cayucos Sanitary District Board and one member of the
Morro Bay City Council be established, and that the Cayucos
Sanitary District Board's member representative be Robert Enns.
The motion was seconded by Boardmember Hutchison and was
approved unanimously by the Cayucos Sanitary District Board.
MOTION: The Morro
Bay
City Council
entertained a motion by Mayor Sheetz
to appoint
Councilmember
Ben Luna to the sub -committee to
represent
Morro
Bay. The motion received a second from
Councilmember
Mullen and
was approved unanimously by the
Morro Bay
City
Council.
MOTION: Mayor Sheetz made a motion that the sub -committee was to come
back in one week with its report. At this, Cayucos Sanitary
District President Terry Schubert objected to the time -frame
• given because he felt it was too short. Boardmember Craig also
indicated that the sub -committee should determine their own
schedule.
Some discussion took place as to whether the sub -committee
should set its own schedule, and Boardmember Enns then gave
the time scheduling that he was available to work with
Councilmember Luna. No second was given to the motion, so the
motion died.
Cayucos
Sanitary District President Terry Schubert suggested that the
sub-
committee
set their meeting times themselves and
he indicated that he wanted
to know
what the sub -committee was doing and
what its progress would be.
President
Schubert advised the boardmembers
generally keep each
other
informed
of what's going on, and would expect
it to be the same in
this
instance.
Boardmember Enns anticipates that he
and Councilmember
Luna
would have some questions which will need some
answers.
Morro Bay City Councilmember Susan Mullen indicated that Morro Bay desires
to have a concrete time -frame in which the sub -committee will return to the
entire body with a sub -committee report.
Cayucos Sanitary District President Terry Schubert indicated that he would
prefer a two -week time -frame for the sub -committee to meet. Morro Bay City
Councilmember Mullen suggested that the meeting be adjourned then to a date
• specific. City Councilmember Tom Wuriu said he could go along with the two -
week date specific as had been suggested. Mayor Sheetz suggested Thursday
November 5th.
OA
• Cayucos Sanitary District President Terry Schubert said he did not have his
calendar with him so he could not make a commitment to that date.
•
is
City Councilmember Susan Mullen indicated that she would be unavailable on
November 5th.
Cayucos Sanitary District Boardmember Robert Enns indicated he would be
busy the entire first week of November.
Cayucos
Sanitary
District President Terry
Schubert and Boardmember Robert
Enns indicated that
the entire body could
come together again on or before 12
November
1992 but
not Tuesday, November
3rd.
MOTION: City Councilmember Ben Luna motioned to adjourn this meeting
to 12 November 1992. The motion was seconded by City
Councilmember Susan Mullen and received a unanimous vote
from the Morro Bay City Council.
MOTION: Boardmember Enns moved the meeting adjourn at 7:55 p.m., the
motion was seconded by Boardmember Craig and approved
unanimously by the Cayucos Sanitary Board District.
3
• NOT = C E O F ADJOURN E D CLOSED S E S S= ON
NOTICE IS HEREBY GIVEN that the Special Meeting of the Morro Bay
City Council held on Monday, 19 October 1992 at 9:00 a.m. in the City
Hall Conference Room has been adjourned to Tuesday, 20 October 1992 at
6:00 p.m. in the City Hall Conference Room, 595 Harbor Street, Morro
Bay, CA.
At said Meeting, Council will immediately adjourn to Closed
Session in accordance with Government Code §54956.9(a), pending
litigation, as follows:
City of Morro Bay v California Coastal Commission, Case Nos,
120512 and 121637; Santa Cruz Superior Court
ravncos Sanitary District v. City of Morro Bay, Case Nos. 70420
and 17224; San Luis Obispo Superior Court
Cavucos Sanitary District v California Coastal Commission, Case
no. 71030; San Luis Obispo Superior Court
• DATED: October 19, 1992
ROSE MARIE S EET , Ma41iforne�57
City of Morro Bay, Ca
MINUTES - MORRO BAY CITY COUNCIL
• ADJOURNED CLOSED SESSION - OCTOBER 20, 1992
CITY HALL CONFERENCE ROOM - 6:00 P.M.
Mayor Sheetz called the meeting to order at 6:08 p.m.
PRESENT: Rose Marie Sheetz Mayor
John Baker Councilmember
Ben Luna Councilmember
Susan Mullen Councilmember
Tom Wuriu Councilmember
ABSENT: None
STAFF: Forrest Henderson City Administrator
Judy Skousen City Attorney
E. CLOSED SESSION
E-1 GOVERNMENT CODE G54956 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 17224; SAN LUIS OBISPO SUPERIOR COURT
CAYUCOS SANITARY DISTRICT V. CALIFORNIA COASTAL COMMISSION,
CASE NO. 71030; SAN LUIS OBISPO SUPERIOR COURT
MOTION: Mayor Sheetz 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 6:06 p.m. and returned
to regular session at 6:55 p.m.
F. ADJOURNMENT
MOTION: Mayor Sheetz moved the meeting be adjourned. The
motion was seconded by Councilmember Wuriu and
unanimously carried. (5-0)
The meeting adjourned at 6:55 p.m.
Recorded by:
• FORREST HENDERSON
Deputy City Clerk
C,
•
•
CeA Ae't / q, l q?2 - &n a
• 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 Monday, 19 October 1992 at 9:00 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(a), pending litigation, as follows:
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 17224; San Luis Obispo Superior
Court
Court
0
, Case No. 71030; San Luis Obispo Superior
DATED: October 16, 1992
ROSE MAR E HEETZ, Mayor
City of Morro Bay, California
MINUTES - MORRO BAY CITY COUNCIL
• CLOSED SESSION - OCTOBER 19, 1992
CITY HALL CONFERENCE ROOM - 9:00 A.M.
Mayor Sheetz called the meeting to order at 9:03 a.m.
PRESENT: Rose Marie Sheetz Mayor
John Baker Councilmember
Susan Mullen Councilmember
Tom Wuriu Councilmember
ABSENT: Ben Luna Councilmember
STAFF: Forrest Henderson City Administrator
Judy Skousen City Attorney
Jon Crawford Public Works Dir.
Bill Boucher Public Works Assoc.
E. CLOSED SESSION
E-1 GOVERNMENT CODE 654956 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 17224; SAN LUIS OBISPO SUPERIOR COURT
CAYUCOS SANITARY DISTRICT V. CALIFORNIA COASTAL COMMISSION,
CASE NO. 71030; SAN LUIS OBISPO SUPERIOR COURT
MOTION: Councilmember Wuriu moved the meeting be adjourned to
Closed Session. The motion was seconded by
Councilmember Mullen and unanimously carried. (4-0)
Mayor Sheetz read the Closed Session statement.
The meeting adjourned to Closed Session at 9:03 a.m. and returned
to regular session at 10:04 a.m.
• • r m :i24_V
MOTION: Councilmember Mullen moved the meeting be adjourned to
Tuesday, 20 October 1992 at 6:00 p.m. in the City Hall
Conference Room. The motion was seconded by
Councilmember Baker and unanimously carried. (4-0)
The meeting adjourned at 10:04 a.m.
Recorded by:
FORREST HENDERSON _
Deputy City Clerk
171
-66C�9.;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 - OCTOBER 12, 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 COUNTY SUPERIOR COURT
♦ CAYUCOS SANITARY DISTRICT V CITY OF MORRO BAY, CASE NOS. 70420 AND
71224; AND, CAYUCOS SANITARY DISTRICT V. CALIFORNIA COASTAL
COMMISSION, CASE NO. 17030, SAN LUIS OBISPO SUPERIOR COURT
E-2 GOVERNMENT CODE 954956.9(A), PENDING LITIGATION:
♦ DAVID A NORTON V. CITY OF MORRO BAY ET AL, CASE NO. 69620, SAN
LUIS OBISPO COUNTY SUPERIOR COURT
♦ DAVID A NORTON V. GARY A NAPPER GAYLE H. NIC OLS JOHN LEMONS,
U.S. DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. CV
90-6301 JGD (Bx)
-3 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION:
♦ WILLIAMS BROS MARKETS INC.FT AT V. CITY OF MORRO BAY ET AL,
CASE NO. 69397, SAN LUIS OBISPO SUPERIOR COURT
♦ VOTERS INITIATIVE COMMITTEE V CITY OF MORRO BAY, CASE NO. 71138,
SAN LUIS OBISPO SUPERIOR COURT
E-4 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION:
♦ FRED M. SCHOTT AND ASSOCIATES. —ETC V. D W MARTIN ET AL.
(LAUREL STREET), CASE NO. 69131, SAN LUIS OBISPO SUPERIOR COURT
♦ ROBERT FREITAS FTC V CITY OF MORRO BAY ET AL. (LAUREL
STREET), CASE NO. 71825, SAN LUIS OBISPO SUPERIOR COURT
E-5 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION, CITY OF MORRO BAY V.
DIANA DAMS DBA PARKHUgaT GALLERIES (LEASE SITE NO. 68-68W) CASE NO.
MC 44439, SAN LUIS OBISPO COUNTY MUNICIPAL COURT
0
City .Of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life
which we all enjoy. We are committed to this purpose and will provide a level of municipal
service consistent and responsive to our public and its needs.
REGULAR MEETING - OCTOBER 12, 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.
A. CONSENT CALENDAR
SUnless 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 REGULAR MEETING OF SEPTEMBER 28, 1992, AND
THE SPECIAL RECLAMATION WORKSHOP MEETING OF OCTOBER 1, 1992
A-2 WATER SUPPLY STATUS REPORT
A-3 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (POWELL)
A-4 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (DIERKS)
A-5 AMENDMENT AND ADDITION OF JOB CLASSIFICATIONS TO CITY CLASSIFICATION
PLAN (FINANCE DIRECTOR AND PERSONNEL OFFICER)
A-6 AUTHORIZATION TO FILL VACANT EMPLOYEE POSITIONS (POLICE DISPATCHER/
CLERK AND POLICE OFFICER)
B-1 ORDINANCE NO. 420 REVISING CHAPTER 10.32 OF THE MORRO BAY MUNICIPAL
CODE TO MODIFY THE STATE SPEED LIMIT ON CERTAIN STREETS OR PORTIONS
THEREOF (SECOND READING/ADOPTION)
• B-2 ORDINANCE NO. 421 ESTABLISHING CITY POLICIES AND PROCEDURES CONCERNING
CHILDCARE SERVICES IN MORRO BAY (SECOND READING/ADOPTION)
3 ORDINANCE NO. 422 AMENDING §13.20.070 OF THE MORRO BAY MUNICIPAL CODE,
WATER EQUIVALENCY TABLE, ADDING A CATEGORY FOR ELDERLY/HANDICAPPED
APARTMENTS OF 600 SQUARE FEET OR LESS (SECOND READING/ADOPTION)
B-4 REVIEW OF RESOLUTIONS AND DESIGNATION OF VOTING DELEGATE AND ALTERNATE
FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONVENTION
C. NEW BUSINESS
C-1 POTENTIAL USE FOR VACANT RENTAL PROPERTY (945 SHASTA) PULLED
C-2 COUNCILMEMBER REQUEST FOR RESOLUTION IN SUPPORT OF GENERAL HOSPITAL
BOND MEASURE, RESOLUTION NO. 126-92
C-3 SET DATE FOR SEMI-ANNUAL JOINT MEETING WITH PLANNING COMMISSION
_:S_ '•Cliggatmw RE-1
D-1 PUBLIC HEARING ON REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW
EXPANSION TO EXISTING COMMERCIAL BUILDING, 561 EMBARCADERO (CASE NO.
CUP 07-92; R. GRAY, APPLICANT)
D-2 RESOLUTION NO. 123-92 RATIFYING SUBMITTAL OF FEDERAL TRANSIT
ADMINISTRATION SECTION 18 GRANT APPLICATION FOR REPLACEMENT TRANSIT
VEHICLE
403 PUBLIC HEARING TO CONSIDER REDUCING WATER AND SEWER AVAILABILITY FEES
- TO 1977 RATES
D-4 PUBLIC HEARING ON AMENDMENTS TO CHAPTER 13.20, BUILDING LIMITATION, OF
THE MORRO BAY MUNICIPAL CODE; AND, MASTER FEE SCHEDULE
a. RESOLUTION NO. 125-92 AMENDING MASTER FEE SCHEDULE WAIVING FEES
FOR FIRST .25 WATER EQUIVALENCY UNIT FOR EXISTING COMMERCIAL USES
b. ALLOW FLEXIBILITY OF WATER EQUIVALENCIES IN EXISTING COMMERCIAL
AND INDUSTRIAL BUILDINGS
C. BANKING OF WATER EQUIVALENCIES
d. ALLOW TRANSFER OF WATER FROM SINGLE FAMILY UNITS TO SINGLE FAMILY
UNITS
e. INCLUDE GREY WATER AND RECIRCULATING SYSTEM AS PART OF THE OFF -
SITE RETROFIT PROGRAM
f. CITY'S ROLE IN THE RETROFIT PROGRAM
D-5 DETERMINATION OF RETROFIT AND WATER AVAILABILITY FEES FOR PARTICIPANTS
IN PARK RETROFIT PROGRAM
• _lqw�1ppk4_V
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 - OCTOBER 12, 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: Forrest Henderson City Administrator
Judy Skousen City Attorney
E. CLOSED SESSION
MOTION: Mayor Sheetz 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 5:15 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 5:49 p.m.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 12, 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
•
•
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 12, 1992
PAGE 2
STAFF: Forrest Henderson
Judy Skousen
Jon Crawford
Ardith Davis
Don Funk
Dave Howell
Jeff Jones
Mike Upton
Steve Wolter
Horace Strong gave the invocation,
Allegiance.
City Administrator
City Attorney
Public Works Dir.
City Clerk
Comm. Dev. Dir.
Police Chief
Fire Chief
Admin. Asst.
Rec. & Parks Dir.
and led the Pledge of
1. Joel Derringer, representing the Coalition to Save Gen-
eral Hospital, encouraged Council to adopt the resolution on
tonight's agenda supporting the General Hospital Bond Measure.
He stated it is important to have a hospital facility in the
County that serves everyone regardless of the ability to pay.
The new General Hospital may be able to sell health insurance
policies to the public at a cost lower than current systems in
the County because of its non-profit status. He noted 20% of the
people in the County have no health insurance whatsoever.
2. Roger Ewing also spoke in favor of the General Hospital
Bond Measure.
3. Imogene Haidet, 2861 Juniper, spoke in favor of the
General Hospital Bond Measure F.
4. Mary Phillips stated she is upset because the Solid
Waste Management Board is still talking about placing a lien on
property for unpaid garbage bills. She said it seems information
is suppressed because many people
option in service. She read from
minutes.
do not know about the one -can
Solid Waste Management Board
1. Councilmember Mullen requested an item be agendized to
consider support of the Alternative Dispute Resolution Services
Program and retention of $8.00 of the state -mandated filing fee
increase to fund the program.
2. Councilmember Luna requested an update on the sub -com-
mittee working on the mobilehome rent control ordinance.
3. Councilmember Mullen requested a report on the meetings
held between City officials and fishermen regarding the parking
problem at Tidelands Park.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 12, 1992
PAGE 3
A. CONSENT CALENDAR
A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF SEPTEMBER 28
9992 AND THE SPECIAL RECLAMATION WORKSHOP MEETING OF
OCTOBER 1. 1992
Mr. Henderson recommended Council approve the minutes as
submitted.
A-2 WATER SUPPLY STATUS REPORT
Mr. Henderson recommended Council accept the Report for file.
A-3 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (POWELL)
Mr. Henderson recommended Council reject the claim, and authorize
the City Clerk to send the rejection notice.
A-4 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (DIERKS)
Mr. Henderson recommended Council reject the claim, and authorize
the City Clerk to send the rejection notice.
A-5 AMENDMENT AND ADDITION OF JOB CLASSIFICATIONS TO CITY
CLASSIFICATION PLAN (FINANCE DIRECTOR AND PERSONNEL OFFICER)
• Mr. Henderson recommended Council approve the amendment and addi-
tion of job classifications to the City Classification Plan.
A-6 AUTHORIZATION To FILL VACANT EMPLOYEE POSITIONS (POLICE DIS-
PATCHER/CLERK AND POLICE OFFICER)
Mr. Henderson recommended Council authorize filling the Dis-
patcher/Clerk and Police Officer positions in the Police
Department.
Councilmember Mullen requested item A-1 be pulled from the Con-
sent Calendar for discussion.
A-1 CITY COUNCIL MINUTES OF THE REGU
1992, AND THE SPECIAL RECLAMATION WORKSHOP MEETING OF
OCTOBER 1. 1992
Councilmember Mullen stated she has several problems with the
minutes from the wastewater reclamation workshop. She requested
Jon Crawford review the minutes and make changes where necessary.
MOTION: Councilmember Wuriu moved for approval of the Consent
Calendar except for the minutes from the wastewater
reclamation workshop held 01 October 1992. The motion
• was seconded by Councilmember Luna and unanimously
carried. (5-0)
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 12, 1992
PAGE 4
• B. UNFINISHED BUSINESS
Vol
MOTION: Councilmember Mullen moved Ordinance No. 420 be read by
title and number only. The motion was seconded by
Councilmember Luna and unanimously carried. (5-0)
Mr. Henderson read Ordinance No. 420 by title and number only.
MOTION: Councilmember Baker moved for the adoption of the sec-
ond and final reading of Ordinance No. 420. The motion
was seconded by Councilmember Luna and unanimously
carried. (5-0)
B-2 ORDINANCE NO, 421 ESTABLISHING CITY POLICIES AND PROCEDURES
CONCERNING CHILDCARE SERVICES IN MORRO BAY (SECOND READING/
MOTION: Councilmember Luna moved Ordinance No. 421 be read by
title and number only. The motion was seconded by
Councilmember Wuriu and unanimously carried. (5-0)
• Mr. Henderson read Ordinance No. 421 by title and number only.
MOTION: Councilmember Luna moved for the adoption of the second
and final reading of Ordinance No. 421. The motion was
seconded by Councilmember Baker and unanimously
carried. (5-0)
MOTION: Councilmember Baker moved Ordinance No. 422 be read by
title and number only. The motion was seconded by
Councilmember Luna and unanimously carried. (5-0)
Mr. Henderson read Ordinance No. 422 by title and number only.
MOTION: Councilmember Luna moved for the adoption of the second
and final reading of Ordinance No. 422. The motion was
seconded by Councilmember Mullen and unanimously
carried. (5-0)
B-4 REVIEW OF RESOLUTIONS AND DESIGNATION OF VOTING DELEGATE AND
ALTERNATE FOR LEAGUE OF CALIFORNIA CITJXS ANNUAL CONVENTION
• Mr. Henderson reviewed this item advising the conference is cur-
rently taking place in Los Angeles. There is not enough time
between the receipt of the resolutions and the Annual Conference
for Council to review and arrive at a consensus on them. Also,
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 12, 1992
PAGE 5
• due to a lack of funding in the travel/training portion of the
budget, no City officials are attending the conference this year.
He recommended the item be tabled.
MOTION: Councilmember Luna moved the League of California
Cities resolutions and selection of a voting delegate
and alternative for the Annual Convention be tabled.
The motion was seconded by Councilmember Wuriu and
unanimously carried. (5-0)
C. NEW BUSINESS
C-1 POTENTIAL USE FOR VACANT RENTAL PROPERTY (945 SHASTA)
PULLED
C-2 COUNCILMRMBER REQUEST T FOR RESOLUTION IN SUPPORT OF GENERAL
HOSPITAL BOND MEASURE
Councilmember Mullen stated the City is asked on many occasions
to support programs. Morro Bay has a large elderly and female
population and closing of General Hospital will have a severe
impact on these people. She believes the City should take a pos-
itive position on Measure F to support the General Hospital Bond
Measure.
• MOTION: Councilmember Mullen moved for adoption of Resolution
No. 126-92. The motion was seconded by Councilmember
Wuriu.
Councilmember Luna asked if there are any guidelines to keep con-
tracts on the project local? Councilmember Mullen stated the
project will have to comply with State contracting bid proce-
dures. Most likely that will be discussed after the Measure is
adopted.
The motion was unanimously carried. (5-0)
COMMISSION
Mr. Henderson stated the Municipal Code provides for the City
Council to meet with the Planning Commission semi-annually in
April and October of every year. He noted the last joint meeting
was held in October of 1991. He reviewed the dates available for
facility use and requested direction from Council.
Councilmember Luna suggested the meeting be put off until after
the November election.
MOTION: Councilmember Mullen moved the item be tabled. The
• motion was seconded by Councilmember Wuriu and unani-
mously carried. (5-0)
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 12, 1992
PAGE 6
W D. PUBLIC HEARINGS, REPORTS & APPEARANCM
INERVE-MI-MI• _ .� • .L - •
Mr. Funk reviewed the request for expansion of a motel and
gallery at 561 Embarcadero. He said the applicant, Mr. Gray,
appeared before the Planning Commission twice; the second time
requesting an amendment to the height limit to allow 21191. He
said staff recommended approval of the request because the alter-
native plan called for a view corridor on the south side of the
building. This area equals the area being blocked by the exten-
sion above the 17' height limit. The Planning Commission denied
the request based on insufficient public benefit for the height
extension.
Councilmember Mullen questioned the fairness of the parking
requirements when one developer has been allowed to do a parking
study before parking requirements are set. Mr. Funk stated Cen-
tral Coast Cruises has one year to study the impact of parking
for their use. He noted the condition was for use only; no
building took place.
Councilmember Mullen asked if the parking -in -lieu fee could be
• paid over a period of time? Mr. Funk stated the conditions allow
Mr. Gray to make payments for parking in conjunction with his
lease payments.
Gene Doughty, architect of the project, reviewed the aesthetic
benefits of the alternative plan as opposed to the 17' flat
structure as approved by the Planning Commission. He believes
the project is within the guidelines of the existing PD zone.
Bob Gray, applicant, stated the expansion is an attempt to keep
up with increasing rent fees charged by the City. He stated most
buildings on the Embarcadero are over 171. He stated he is will-
ing to pay for one more parking space for the motel expansion,
but the parking required for the expansion in the gallery is
unnecessary; he will be paying for something he will never use.
Councilmember Luna stated he understands the Waterfront Committee
is evaluating height alternatives on the Embarcadero. He asked
if they have a height limit in mind? Mark Allen, a member of the
committee, stated no; they are looking for an up and down effect
along the Embarcadero and preservation of street -end views.
Mayor Sheetz opened the hearing to the public for comments.
Charles Palmer, 485 Estero, stated the way the City is presented
• to tourists should be so that buildings are pleasant to look at.
He prefers the alternative design option.
Lynda Merrill agreed the alternative design is preferable.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 12, 1992
PAGE 7
Mr. Doughty stated he will investigate a cement ashes tile for
the roof; it resembles a shake roof and may result in a reduction
in the height.
Mayor Sheetz stated the alternative design enhances the project
and noted Council's previous actions to waive height limits on
the Embarcadero.
Councilmember Baker stated the City should do everything it can
to help business in the community. He also did not believe Mr.
Gray should have to pay for more than one parking space since he
will not be adding employees.
MOTION: Councilmember Baker moved Council approve the project
with the 2119" height and require only one extra park-
ing space for the project. The motion was seconded by
Councilmember Luna.
Councilmember Mullen stated she would prefer a revised statement
on height limit to use as a guideline rather than specific height
limit. She said the alternative was more attractive and she pre-
ferred not to have a "canyon" effect on the Embarcadero with 17'
structures lining both sides of the street. She also believed
the parking requirement is unfair and asked if Council could make
findings of economic hardship? Ms. Skousen stated Embarcadero
• developments are being required to pay for new parking. She sug-
gested it may be time to establish a parking district. She does
not believe the requirements can be waived because there are no
findings. Also the Coastal Commission has to approve any changes
in parking requirements.
Councilmember Mullen stated most of the people on the Embarcadero
do not believe there is a parking problem. She asked if assess-
ing fees could begin when the parking management plan is com-
pleted? Ms. Skousen stated Council cannot relax parking require-
ments on a case by case basis. Council can change the ordinance,
but it will have to be submitted to the Coastal Commission.
Mr. Funk pointed out some business have paid for their parking
and will not be happy if Council waives requirements for this one
project. He noted the $4,000 per space fee should be modified;
it is artificially low. If a developer had to provide parking
on -site, it would cost him considerably more.
Mr. Gray stated he has a problem with increasing lease rents, and
the parking in -lieu fees add to that. He would rather get it
over with and pay up -front than pay the parking fee with the
lease rents over a period of time. He still believes it is
unfair. He said everyone agrees there should be parking lots on
the Embarcadero, and everyone also believes someone else should
• pay for it.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 12, 1992
PAGE 8
• SUBSTITUTE Councilmember Baker moved Council adopt Resolution
MOTION: No. 124-92 leaving the parking as recommended by the
Planning Commission and an amendment to allow 2119"
height limit. The substitute motion was seconded by
Councilmember Wuriu and carried with Councilmembers
Luna and Mullen voting no. (3-2)
•-2 RESOLUTION NO.:MOF • i;TRANSI
ADMINISTRATION SECTION 18 GRANT APPLICATION FOR REPLACEMENT
TRANSIT VEHICLE
Mr. Upton reviewed the application for Federal Transit Adminis-
tration funds for a replacement 16-passenger transit vehicle.
Total cost of the vehicle is $55,000; the grant provides 80% fed-
eral share ($44,000), and City 20% ($11,000).
Councilmember Luna asked if there are restrictions on the funds?
Mr. Upton stated the monies can only be used for capital pro-
jects. Councilmember Luna asked if a trolley would qualify? Mr.
Upton stated yes, but it would not be high on the priority list
for funding. Councilmember Luna asked if the City can operate
the vehicle on a fixed route? Mr. Upton 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 adoption of Resolution
No. 123-92. The motion was seconded by Councilmember
Wuriu and unanimously carried. (5-0)
D-3 _PUBLIC HEARING TO CONSIDER REDUCING WATER AND SEWER AVAIL-
ABILITY FEES TO 1977 RATES
Mr. Funk stated at their last meeting, Council approved setting a
reduction in water and sewer availability fees to 1977 rates. He
noted the decrease will take water equivalency units (weu) from
the current $6,325 to $690 each. Mr. Funk stated he was unable
to determine the justification for the 1977 fees, and noted the
fees do not go into the general fund but are set aside in a spe-
cific fund for purposes of upgrading the water and sewer systems
as needed. He computed possible losses of revenue from this
source for a three month period at $190,000.
Mr. Funk stated his office received complaints from the public
the three month period of reduced fees is not long enough for
them to process their permits; and, complaints from people who
have already paid the current fees that they will not be able to
take advantage of the savings. He suggested Council consider
reducing fees only with regard to expansion of existing uses. He
stated he surveyed costs from other cities and, while Morro Bay
• is at the high end of the spectrum, some cities also have assess-
ment districts to deal with infrastructure expenses.
Councilmember Luna stated the staff report is somewhat biased
regarding fiscal impact in that it cites revenues losses, but
does not consider gains in revenue resulting from business and
housing development. He stated the comparisons with other cities
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 12, 1992
PAGE 9
• is inaccurate because the fees are based on residential hook-up
versus any kind of availability fee. There is no other city in
San Luis Obispo County that has an availability fee.
Councilmember Luna said the issue is, even if other cities were
charging availability fees, people in Morro Bay pay $6,000-$7,000
to do enough retrofits to gain one water equivalency. The City
additionally charges an availability fee for increasing their
use. If the retrofit program works, they may be increasing the
use at the development site but are not increasing use system-
wide. He sees no reason to charge them the availability fee.
Mr. Henderson stated he did try to get the figures Councilmember
Luna requested, but it was late Friday before they were avail-
able. He requested Mr. Crawford expand on their findings.
Mr. Crawford stated the City's water availability fee is nothing
but a connection fee; he said hook-up fees, availability fees,
connection fees all mean the same thing. What it pays for is
buying into the system and paying for additional electricity,
new -sizing reservoirs, new -sizing pumps, etc., in order to meet
the new need. The impact fee is the same as the retrofit fee; a
user is not creating a new immediate impact to the system. The
availability fee is actually buying into the system and its main-
tenance; its replacement value.
• Councilmember Luna maintained those retrofitting create no impact
if the building is already hooked into the system. Costs for
delivery of water to the site and maintenance of the system
should come from water and sewer fees.
Councilmember Mullen asked where staff came up with the cost of
$130 per foot of front property and where the capitalization fee
came from. Mr. Crawford stated replacement cost for the entire
water system at 1990 costs is approximately $61 million. The
lifespan of the system, if installed at the same time, is approx-
imately 50 years. He estimated replacement costs for the sewer
system at $53 million.
Councilmember Mullen requested staff obtain information from
other cities comparing like charges to like charges. It appears
Morro Bay is charging for an expanded use within an existing use.
It is not clear other cities are doing that. Mr. Crawford stated
staffs proposal is to allow a reduction in fees for commercial
and industrial projects where the one-time increase does not
exceed 0.25 weu or 30%, whichever is greater.
Mayor Sheetz opened the hearing to the public for comments.
Dale Reddell, 680 Sequoia Court, congratulated Councilmember Luna
• on the fact he understands the retrofit program and agrees it
works. He stated people are not complaining about fees; it is
the 2:1 retrofit requirement that is killing business. He said
if the City wants to create building in town, they should take
over the retrofit program. He said Peoples Self Help Housing is
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 12, 1992
PAGE 10
• going to pay $100,000 in retrofit fees for a low-income housing
project. He suggested Morro Bay look at Grover City's program;
they have retrofitted their entire city and charge people who
want to build.
Councilmember Mullen asked if he is advocating ignoring Measure
I? Mr. Reddell said his proposal has nothing to do with Measure
I. Ms. Skousen stated Measure I requires 2:1 retrofitting and
prohibits water allocated on the basis of any City project. If
the City actually does the retrofit and it's a City project, then
we could not allocate the water we saved from it.
Mayor Sheetz asked if the City was retrofitted city-wide, could
the water be allocated? Ms. Skousen stated she would rather read
the measure again before advising as to that issue. Mr. Reddell
stated Measure I does not affect single family housing; if the
use of water is not changed, Measure I does not go into effect.
Councilmember Baker stated the City needs to have funds available
to replace expensive infrastructure.
Nelson Sullivan stated no responsible building has been done in
Morro Bay since the early 1970's until now. The retrofit program
has put the City deeper and deeper into the hole. He said City
records show .83:1, not 1:1 ratio of water savings. He said much
• of the money has been spent on studies over the years; i.e., San
Bernardo Creek Dam, test well drilling on the sandspit and at
Hollister Peak. He would like to see figures on future water
costs, including the State Water Project.
Suedene Nelson, Chamber of Commerce Executive Director, stated
the origin of this discussion was to give the business community
a "shot in the arm" by reducing fees for building. She encour-
aged Council to establish more than a three month period for this
program.
Mayor Sheetz closed the hearing to the public.
Council discussed the difference between "availability" and
"hook-up" fees. Ms. Skousen said the State passed a new law two
years ago stating it cannot be called a hook-up fee as the City
had in the past; it must now be called an availability fee.
Mayor Sheetz asked what terminology is used when expanding a
business which needs additional water? Ms. Skousen stated that
is also called an availability fee.
Mayor Sheetz called a recess from 8:38 p.m. to 8:51 p.m.
MOTION: Councilmember Mullen moved staff return with an evalua-
tion of the $114 million water and sewer replacement
• costs so Council can effectively evaluate the capital-
ization costs and perhaps set a lower availability fee
for all users. The motion was seconded by Councilmem-
ber Luna.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 12, 1992
PAGE 11
There was discussion as to how long it will take to return this
item to Council. Mr. Crawford estimated one month to update 1990
costs. Councilmember Mullen commented she favors a retroactive
decrease in fees to the beginning of 1992.
The motion was unanimously carried. (5-0)
MOTION: Councilmember Mullen moved staff return with a review
of Measure I to determine if the City can administer a
voluntary retrofit program. The motion was seconded by
Councilmember Luna and unanimously carried. (5-0)
r-4 PUBLIC HEARING ON AMENDMENTS TO CHAPTER 13,20, BUILDING
LIMITATION. OF THE MORRQ BAY MUNICIPAL CODE: AND. MASTER FEE
SCHEDULE
a. RESOLUTION NO. 125-92 AMENDING MASTER FEE SCHEDULE
WAIVING FEES FOR FIRST .25 WATER EQUIVALENCY UNIT FOR
EXISTING COMMERCIAL USES
Mr. Funk stated the Resolution presented for Council adoption is
at their request will waive the first 0.25 or less water and
sewer availability fees for existing commercial uses. He noted
the approval of the Resolution will potentially reduce City
annual revenues by $5,000 to $15,000 per year in the water and
• sewer funds.
Mayor Sheetz opened the hearing to the public for comments.
Dale Reddell stated he agreed with the staff recommendation on
this item.
Suedene Nelson stated the Resolution will encourage business
development.
Mayor Sheetz closed the hearing.
Councilmember Luna asked if someone needs more that the .25 weu,
will they be credited with .25 weu for fees? Mr. Funk stated the
Resolution provides for fees to be waived for 0.25 weu or 30%,
whichever is greater.
MOTION: Mayor Sheetz moved for adoption of Resolution No. 125-
92. The motion was seconded by Councilmember Wuriu and
unanimously carried. (5-0)
Councilmember Mullen commented this Resolution applies only to
use; not facility size.
b. ALLOW FLEXIBILITY OF WATER EQUIVALENCIES IN EXISTING
• COMMERCIAL AND INDUSTRIAL BUILDINGS
Mr. Funk stated he and a Council sub -committee of Councilmembers
Baker and Mullen have met to discuss providing more flexibility
in water equivalencies for existing commercial and industrial
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 12, 1992
PAGE 12
• buildings. The result of the meetings is a recommendation to
allow business to more easily establish or relocate by establish-
ing the existence of a maximum .15 weu/1000 square feet above the
amount listed on "Table All for existing industrial or commercial
under certain conditions. Staff is recommending a credit of 0.05
weu per 1000 square feet to mitigate the impact on water
resources.
Mayor Sheetz asked about the sunset clause in the Ordinance. Mr.
Funk stated the sub -committee preferred a pilot program on this
issue. He noted this will help Mr. Bell in his Main Street prop-
erty by adding .15 weu to his .09 thereby giving him the flexi-
bility of additional uses at the site.
Councilmember Mullen stated this will assist the business commu-
nity. Councilmember Baker stated it will not put an additional
strain on water resources.
Mayor Sheetz opened the hearing to the public for comments.
Vivian Doubledee, Chamber of Commerce President, spoke in favor
of the concept.
The hearing was closed.
• MOTION: Councilmember Baker moved the amendment to §13.20.080
B4 of the Morro Bay Municipal Code be approved as set
forth in Ordinance No. 423. The motion was seconded by
Councilmember Mullen.
Councilmember Luna asked if there has been a loss of revenue
analysis by establishing this policy? Mr. Funk stated it is a
wash considering action taken in Item D-4a.
C. BANKING OF WATER EQUIVALENCIES
Mr. Funk reviewed staff's analysis of "banking" water equivalen-
cies recommending it not be permitted except as already autho-
rized for existing commercial buildings. He stated under a bank-
ing program, people low on the long-term waiting list for build-
ing could displace those higher on the list. Some people higher
on the list may find individuals below them have used up all the
retrofits making them unable to use their place in line.
Mayor Sheetz opened the hearing to the public for comments.
Dan Reddell, 2541 Nutmeg, agreed with the staff recommendation.
If allowed, the City would be retrofitted quickly, however, it
would be counter -productive because people banking water equiva-
lencies would not be able to build right away.
• MOTION: Councilmember Wuriu moved "banking" not be permitted
except as already authorized for existing commercial
buildings. The motion was seconded by Councilmember
Mullen and unanimously carried. (5-0)
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 12, 1992
PAGE 13
d. ALLOW TRANSFER OF WATER FROM SINGLE FAMILY UNITS TO
SINGLE FAMILY UNITS
Mr. Funk stated the Water Advisory Board has discussed this mat-
ter and listed the pros and cons of transferring water from one
lot to another. He reviewed these items, and stated staff recom-
mendation is to allow transfers only if the properties are under
the same ownership and the transfer is from one single-family use
to another new single family home and only under specified
criteria.
Mayor Sheetz opened the hearing to the public for comments.
Vivian Doubledee explained a situation on her commercial property
wherein two water meters have been installed and only one is used
at this time. She asked if one of the water meters could be
transferred to another lot? Mr. Funk stated weu are determined
by use; not by whether there is more than one meter on the prop-
erty. Ms. Skousen stated the original property still has the
same use and, therefore, the same amount of weu being used; there
is no additional water to transfer.
Dale Reddell stated the transfer should also be allowed for com-
mercial as well as single family residences.
• Mayor Sheetz closed the hearing to the public.
MOTION: Mayor Sheetz moved Ordinance No. 423 be read by title
and number only. The motion was seconded by Coun-
cilmember Baker and unanimously carried. (5-0)
Mr. Henderson read Ordinance No. 423 by title and number only.
MOTION: Mayor Sheetz moved for approval of introduction and
first reading of Ordinance No. 423. The motion was
seconded by Councilmember Luna
Councilmember Mullen is concerned this action will have a nega-
tive impact on affordable housing and will abolish some busi-
nesses in town, such as laundromats. She believes the ordinance
is re -active instead of pro -active.
Mayor Sheetz stated the whole idea of transferring is to stimu-
late business. Councilmember Mullen stated the City is turning
water into a commodity.
Ms. Skousen stated the ordinance does contain safeguards against
that happening. She has always stated if the City allows trans-
fer of water equivalencies they create an artificial commodity
• and value so people will buy older commercial properties and they
will have a higher value. She believes the current proposal to
transfer for exact same use may prohibit speculation.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 12, 1992
PAGE 14
• Councilmember Luna suggested property owners wishing to transfer
weu's to another property be required to leave enough weu on the
original property to maintain its current use.
Ms. Skousen stated Cambria has a water equivalency transfer ordi-
nance which allows transfers based on a public benefit. For
instance, if the property has a non -conforming use, it would be
required to become conforming in exchange for allowing water
equivalencies to be transferred, thereby establishing a public
benefit.
Dale Reddell commented the proposal will not affect affordable
housing in Morro Bay because there is no affordable housing in
the City.
SUBSTITUTE Councilmember Mullen moved Council strike the current
MOTION: provision in Ordinance No. 423 regarding transfers, and
staff return with an ordinance detailing public benefit
upon transfer of water equivalencies. The motion was
seconded by Councilmember Luna and the substitute
motion carried with Councilmember Baker voting no.
(4-1)
e. INCLUDE GREY WATER AND RECIRCULATING SYSTEM AS PART OF
THE OFF -SITE RETROFIT PROGRAM
• Mr. Funk reviewed grey water and recirculating systems available
for off -site retrofitting.
Councilmember Mullen encouraged staff to explore alternative
methods of using grey water and perhaps establishing a library of
suggestions for others to use.
Mayor Sheetz opened the hearing to the public for comments.
Mary Phillips, 2645 Ironwood, spoke against grey water systems;
there is danger of them leaking to a neighbors vegetable garden.
She suggested the City build a cistern if they want to save
water.
Ed Smith noted there are licensed plumbers in San Luis Obispo
County that install grey water systems.
Mayor Sheetz closed the hearing to the public.
Mayor Sheetz stated grey water systems have to comply with State
health standards.
MOTION: Councilmember Baker moved for approval of staff recom-
mendation to allow flexibility in allowing grey water
systems in new construction and old developments. The
•
motion was seconded by Councilmember Wuriu and unani-
mously carried. (5-0)
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 12, 1992
PAGE 15
• f. CITY'S ROLE IN THE RETROFIT PROGRAM
Mr. Funk stated this item was addressed earlier in the evening
and direction given to the City Attorney to review Measure I in
connection with the City's participation in the retrofit program.
Mayor Sheetz opened a public hearing to comments on Council's
amendment of Ordinance No. 423 to delete reference to transfer of
water equivalencies; there were no comments and the hearing was
closed.
MOTION: Councilmember Mullen moved for approval of Ordinance
No. 423 for introduction and first reading. The motion
was seconded by Councilmember Luna and unanimously
carried. (5-0)
D-5 DETERMINATION OF RETROFIT AND WATER AVAILABILITY FEES FOR
PARTICIPANTS IN PARK RETROFIT PROGRAM
Mr. Wolter reviewed the costs of the park retrofit program and
projected a cost of $5,792 for each water equivalency; the exact
amount will have to be determined at the completion of the pro-
ject. He noted builders currently pay $5,000 to $7,000 per water
equivalency to retrofit in order to obtain a building permit.
• Mayor Sheetz opened the hearing to the public for comments.
Jeanette Duncan, People's Self -Help Housing Director, stated Mr.
Wolter has estimated expenses, and exact costs will not be known
until bid results are in. She suggested PSHH be allowed to bid
the project as they will be able to save 20-25% on costs.
Dale Mitchell, 895 Napa Ave. and representing Morro Bay Marina,
explained the difficulties in obtaining financing on the Marina
project and the additional burden the water equivalency costs
will add. He noted Stan Trapp originally suggested the idea of
retrofitting parks to the City; at that time the costs was esti-
mated at $6,000 to retrofit Keiser Park which included installing
a sensor computer for irrigation. He stated now the applicant is
expected to pay for replacement of leaky pipelines as well; not
just a system to save water. Mr. Mitchell reminded Council his
client brought a $32,000 check to the City for payment of water
equivalencies before Measure I went into effect; the City refused
the check.
Nelson Sullivan said when Council last approved the Marina Pro-
ject, the information was not complete. Measure I prohibits
transfer from public to private use and does not allow the City
to "earmark" water equivalencies. The Council cannot legally
promise to do an illegal act. An allocation cannot be made until
• retrofitting has been completed. He stated there are still many
retrofit candidates available.
Mayor Sheetz closed the hearing to the public.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - OCTOBER 12, 1992
PAGE 16
• Councilmember Mullen asked Mr. Wolter about replacement of pipes
at the parks. Mr. Wolter stated it was initially thought
installing a computer sensor at the parks would save water. Upon
further investigation, it was discovered a majority of the water
is being lost through the underground irrigation system and the
irrigation system needs to be replaced.
Councilmember Mullen asked if the City is obligated to bid the
project at prevailing wage rates? Mr. Wolter stated yes.
There was discussion regarding the projected and actual costs.
It was determined funds are not available to contract for design
of the project which will determine actual costs.
Staff Trapp, owner/developer of Marina Square, stated the origi-
nal concept was $6,500 for a computer to save water; the project
is now blown totally out of proportion.
Mayor Sheetz stated she has a problem charging a developer with
an error that may have been created in 1980 when the irrigation
system was not installed properly.
Mr. Wolter stated if a private developer gains from retrofit of a
park irrigation system and the City has to pay for the difference
between the computer sensor and the pipe replacement, there may
• not be enough money to complete the project. Installing a com-
puter sensor will not realize the savings originally anticipated.
There was considerable discussion over this issue with Mr. Trapp
agreeing to fund the design of the project up to $10,000 in order
to determine actual costs.
MOTION: Mayor Sheetz moved staff move forward with the design
of the project based on Mr. Trapp's agreement to fund
this portion of the project up to $10,000. The motion
was seconded by Councilmember Baker and unanimously
carried. (5-0)
It was noted the $10,000 funding by Mr. Trapp will be applied
toward his total costs for retrofitting the park.
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 10:48 p.m.
• Recorded
ARDITH DAVIS
City Clerk
E
F
06,�G,e4 4, /945�.) - &-ced 5a-dz� e5 a
• NOT = C E O v S P EC S 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, 06 October 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(a), pending litigation, as follows:
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 17224; San Luis Obispo Superior
Court
Court
0
, Case No. 71030; San Luis Obispo Super
DATED: October 5, 1992
MINUTES - MORRO BAY CITY COUNCIL
• CLOSED SESSION - OCTOBER 06, 1992
CITY HALL CONFERENCE ROOM - 5:30 P.M.
Mayor Sheetz called the meeting to order at 5:32 p.m.
PRESENT: Rose Marie Sheetz Mayor
John Baker Councilmember
Ben Luna Councilmember
Susan Mullen Councilmember
Tom Wuriu Councilmember
ABSENT: None
STAFF: Forrest Henderson
Judy Skousen
Bill Boucher
Louise Burt
Jon Crawford
E. CLOSED SESSION
City Administrator
City Attorney
Public Works Assoc.
Finance Director
Public Works Dir.
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 17224; SAN LUIS OBISPO SUPERIOR COURT
CAYUCOS SANITARY DISTRICT V. CALIFORNIA COASTAL COMMISSION,
CASE NO. 71030; SAN LUIS OBISPO SUPERIOR COURT
MOTION: Mayor Sheetz moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember
Baker and unanimously carried. (5-0)
Mayor Sheetz read the Closed Session statement.
The meeting adjourned to Closed Session at 5:32 p.m. and returned
to regular session at 6:44 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 6:44 p.m.
Recorded by:
•
FORREST HENDERSON
Deputy City Clerk
11
•
•
�� i ' . .�I
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.
WASTEWATER RECLAMATION WORKSHOP - OCTOBER 1, 1992
VETERANS MEMORIAL HALL - 1:00 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.
I. OPENING COMMENTS
A. INTRODUCTION OF CITY COUNCIL, ADVISORY BOARD MEMBERS, STAFF, AND
INVITEES
• B. OVERVIEW OF WASTEWATER RECLAMATION
II. OUTLINE OF WASTEWATER RECLAMATION
A. EXISTING WASTEWATER TREATMENT AND DISPOSAL
B. POTABLE WATER SUPPLY - CURRENT AND FUTURE NEEDS
C. HOW RECLAMATION FITS INTO CITY GOALS
W500TWow•_WCI 0'F0_4rTK-1W4 Z►_
41
A. REGULATORY OVERVIEW
B. AGRICULTURAL NEEDS
C. INDUSTRIAL NEEDS
D. LANDSCAPE IRRIGATION NEEDS
IV. DISCUSSION
A. AGREEMENT WITH CAYUCOS SANITARY DISTRICT
B. TREATMENT REQUIREMENTS BY USE
C. WASTEWATER TREATMENT PLANT UPGRADES
D. AGREEMENTS WITH END -USERS OF RECLAIMED WATER
1
u
WE
MINUTES - WASTEWATER RECLAMATION WORKSHOP - OCTOBER 1, 1992
VETERANS MEMORIAL HALL - 1:00 P.M.
209 SURF ST., MORRO BAY, CA
The Mayor opened the meeting at 1:05 p.m. and welcomed everyone
to the workshop.
PRESENT: Rose Marie Sheetz Mayor
John Baker Councilmember
Ben Luna Councilmember
Sue Mullen Councilmember
Tom Wuriu Councilmember
STAFF: Forrest Henderson City Administrator
Jon Crawford Public Works Dir.
Elane Novak Deputy City Clerk
Mayor Sheetz introduced Public Works Director/City Engineer, Jon
Crawford and acknowledged members of the Water Board in the
audience, Robert Enns, Arbie Kitzman, Herb Haley and Ed
McCracken. She also thanked some representatives from the State
and other organizations for being present.
Mr. Crawford gave some background on the wastewater treatment
plant owned jointly by the City and Cayucos.
Mr. Crawford said he would like to see the City put as much
importance as possible on wastewater reclamation. One of the
major difficulties with secondary treatment is bringing the
treatment about and still meeting discharge requirements, as the
wastewater treatment plant empties into the bay.
Mr. Crawford went on to say that potable water comes primarily
from well water and the Chorro/Morro basins. The desalinization
plant is used only on an emergency basis.
The purpose of today's meeting is to receive input on
reclamation and its potential use within the City and joint areas
around the City: exchange of ideas; identify possible users; what
are their expectations; what will the costs be to the City; how
much is the City willing or able to spend; what would cost
savings be from reclaimed water; what requirements would need to
be met to meet health department standards? Mr. Crawford also
handed out a table of allowable uses for different levels of
water treatment.
• The meeting was then opened to the public for comment.
Councilmember Mullen asked if Mr. Crawford would comment on the
impact of salt in our effluent on water reclamation.
C, J
E
WASTEWATER RECLAMATION WORKSHOP - OCTOBER 1, 1992
VETERANS MEMORIAL HALL - 1:00 P.M.
PAGE 2
Mr. Crawford said use of reclaimed water basins would need a lot
of work because of the high salt content. He said that not only
would the water need to be treated, but also the salt. Mr.
Crawford did not have the extent of salt content at this time.
Councilmember Mullen said this is a question often asked by
people in the community.
Dr. Alexander, referring to his experience with the Water
Softening Institute, said the City should stop putting brine
water back in the sanitary system. He said he will be speaking
at a Water Softening Institute this month about ways of reducing
salt in plants. He said he knows of 100 cities who have had
their desal plants closed down.
He said one of the problems is that human excrement does add salt
content and this also has to be recycled.
Dr. Alexander said a number of farmers he had spoken with
indicated they would be interested in reclaimed water and would
even consider putting in a pipeline for treated water or would
hold a percentage of it in an aquifer for later use.
Councilmember Wuriu asked Dr. Alexander if there was a loss of
water during this process.
Dr. Alexander said a minimal amount of water was lost in sludge
and evaporation.
Councilmember Mullen asked about adding to holding tank at the
treatment plant as an inexpensive way to get to full secondary
treatment.
Mr. Crawford said when you add a tank (to the current sewer
treatment plant) you almost get into secondary treatment. Mr.
Crawford said you may as well add to the treatment plant.
Councilmember Mullen pointed out it would cost $3-$4 million to
extend the plant; whereas to add a tank it might only cost about
$.5 million.
Mr. Crawford pointed out that if the plant is enlarged the City
may need to staff the plant 24 hours a day. Mr. Crawford said he
would do more investigation as he has been working off previous
reports.
Mayor Sheetz asked Mr. Crawford what his approach would be to
this problem.
Mr. Crawford said the City would have to get people committed to
take the water before making any investment. Some of the places
WASTEWATER RECLAMATION WORKSHOP - OCTOBER 1, 1992
VETERANS MEMORIAL HALL - 1:00 P.M.
PAGE 3
he suggested were schools, parks, golf clubs, farms, vineyards
etc.
Mayor Sheetz agreed with Mr. Crawford that unless people signed
up, the City would have to be willing to subsidize the project.
Councilmember Baker asked if only tertiary water can be used in
school yards? He also wondered if we provided and reclaimed
potable water how much it might cost?
Mr. Crawford said this would need to be investigated further
before the City does anything. He also said yes, only tertiary
water can be used on school yards. Also finding uses for
disinfected, primary treated water would be great, but until the
costs are explored the City should do nothing.
Mayor Sheetz and Councilmember Baker asked what kind of crops
could use certain waters. Mr. Crawford said the disinfected,
tertiary water could be used on crops such as sugar peas, and
secondary on vineyards and avocados, which are fairly common to
our area. If the water were not disinfected and tertiary
treated, it could, in general, only be used for fodder crops.
Councilmember Wuriu asked about cost between tertiary or
secondary water.
In the discussion that followed in whether to treat for tertiary
or secondary water it was determined that the costs would almost
double for tertiary.
Councilmember Mullen wants the City to explore this water
reclamation further, there are other treatments out there, she
suggested water be partially treated, hold in ponds (75 acrea
each )and keep the cost of treatment down. This is the kind of
thing the City should be looking for rather than creating more
problems than we already have.
Mr. Crawford said that in order to go ahead with the reclamation
project the City needs 15-20 year commitments from recipients of
this water.
Mr. Ahmad Hassan, representative of the State Water Resources
Board said that the upper part of the City's basin was of good
quality, while the lower part gets salt water intrusion. He
suggested limiting reclaimed water to the lower part of the
basin. Then the imported supply of water (such as State water)
could be put to different use.
• Councilmember Wuriu and Baker asked Mr. Hassan about the quality
of water. Mr. Hassan stated it has not at this stage become
potable water. Councilmember Mullen asked about ground water
injection that has taken place in Orange County. Mr. Hassan said
WASTEWATER RECLAMATION WORKSHOP - OCTOBER 1, 1992
VETERANS MEMORIAL HALL - 1:00 P.M.
PAGE 4
it could be done but indicated that ground water into an aquifer
may require more filtration which could be very costly.
Mayor Sheetz asked Arbie Kitzman of the Water Board (also of
Culligan) if he would like to speak. Mr. Kitzman said he was not
going to address the salt issue, but rather talked about the two
recognized water projects, the Desalinaztion plant and the State
water project saying he did not want to get into the salt issue
because of costs.
Dr. Alexander stated that in talking with treatment plant
superintendent Darrel Richards, a holding reservoir could handle
all the secondary treatment, which would cost around $300,000.
The present plant could be converted to tertiary and cost would
be paid for in less than five years. He explained many of the
possibilities, saying the City would not have to use tertiary
water in homes and by using the aquifer, and with rain the salt
issue would be minimal. He also stated it would save the farming
community and make the City of Morro Bay and Cayucos free of
water and sewage problems forever.
Mayor Sheetz and Dr. Alexander had a discussion on how giving the
farmers would help both the City and the farmers. Dr. Alexander
maintained that the City and the farmers would be doing each
other a favor in that, as well as receiving the water the farmers
would also receive nitrates that would fertilize their crops,
they in turn would give the City their fresh ground water. Dr.
Alexander said the farmers would pay for the piping, which is not
terribly expensive given the size of the pipe and everyone would
benefit.
Mayor Sheetz cited a water problem of a few years ago in which a
farmer had offered the City water during the drought and it would
have cost around $100,000 for piping so the City declined the
offer.
Councilmember Baker asked if there were any farmers in
attendance.
John Maino a farmer in the audience said he grows sugar beets and
wondered why farmers would exchange their good water for
reclaimed water, as well as pay for the piping.
Councilmember Mullen expressed how disappointed she was that
there were no more farmers in the audience and wondered if a
night meeting would be more advantageous.
Mayor Sheetz said the farmers have never shown an interest, and
they had been invited to todays meeting.
•
•
WASTEWATER RECLAMATION WORKSHOP - OCTOBER 1, 1992
VETERANS MEMORIAL HALL - 1:00 P.M.
PAGE 5
Mr. Hassan knows of some golf courses in L.A. County that have
saved thousands of dollars using the reclaimed water because of
the nitrates.
Councilmember Mullen said there are Federal monies that are going
to be made available for water reclamation and would like to see
the treatment plant get in on these monies for a storage tank,
thus making it possible to get secondary treatment.
Mr. McCracken, of the Water Board, felt the City Council should
be concerned about the 301-H waiver and that at some point it
would not be renewed.
Ms. Powell, of Crawford, Multari & Starr, here in San Luis Obispo
spoke briefly to let everyone know they are working on the Chorro
Flats project.
There was also a brief discussion about HR5754 which still has to
be passed by the Senate.
Mr. Enns of the Water Board asked about priorities of water
projects. Up to this point it has been; 1)Conservation;
2)Reclamation; 3)Naciemento, but wondered since the voters wanted
State Water, maybe the list should be reprioritized.
There was a discussion as to how much water each of these
projects would provide, what could be counted on in an emergency
situation etc.
There was some discussion as to some figures James Blair had
given the City (formerly a contract engineer) that will be looked
into further.
Mayor Sheetz said that two meetings ago the Water Board had asked
for prioritizing of water projects and she wondered if they and
City Council need to have a joint meeting and decide what is
feasible for the City to do before going ahead with anything.
Councilmember Mullen said we should not be looking at dropping
any water projects at this time.
Mr. Crawford suggested that the City could recoup some of their
costs by selling some of its State Water entittlement.
Councilmember Mullen said that might be a good way, but was
prevented by a ballot measure.
Mr. Dorn said he did not think the City Council was utilizing the
Water Board as intended. He felt the City Council felt no sense
• of urgency and should pay more attention to the advice given by
the Water Board.
•
WASTEWATER RECLAMATION WORKSHOP - OCTOBER 1, 1992
VETERANS MEMORIAL HALL - 1:00 P.M.
PAGE 6
Mayor Sheetz asked for further comments.
Councilmember Baker responded to Mr. Dorn's comments about the
City Council not paying attention to the Water Advisory Board.
He cited a number of items that had been addressed by the Board
and the City could not afford them.
Mayor Sheetz said we cannot respond if the City cannot afford
certain items. The only way to implement certain ideas would be
to raise water fees.
Councilmember Mullen stated she did not feel the City was
prepared for today's workshop. She felt the very people who
should be most involved were not there.
Both the Mayor and City Administrator Forrest Henderson agreed we
were not ready to go forward and the people missing should be
invited to another meeting.
A Manager from a local golf course said there seems to be some
frustration from City Council because farmers are not at the
meeting. He said avocado farmers are not interested in reclaimed
water as their avocado trees are very sensitive to salt.
Councilmember Mullen stated a local avacado farmer was very
interested in a water exchange. This farmer has constructed two
reservours to contain about SO acre feet of water and will soon
be pumping from the Morro Basin. She further stated the problem
is we don't have a reclamation project, and that is what we are
hoping to find out from these workshops.
Councilmember Wuriu agreed with Mr. Crawford, saying we cannot
get commitments for the water if we don't have a program.
Mayor Sheetz suggested the City send out a survey and then the
City would know what the community is interested in. City
Council wants the Water Advisory Board to understand just what is
needed from this project.
Mayor Sheetz asked if the City Council would like the Water
Advisory Board to look at both the items discussed today, create
and send out a survey to the community, and explore the idea of a
tank at the current treatment plant for secondary treatment?
Council agreed.
Mr. Kitzman asked if Mr. Crawford could provide them with some
figures.
Councilmember Wuriu felt that projects get studied and studied
• and nothing happens.
0
WASTEWATER RECLAMATION WORKSHOP - OCTOBER 1, 1992
VETERANS MEMORIAL HALL - 1:00 P.M.
PAGE 7
Mayor Sheetz pointed out that when this survey comes back, the
City will know if there is any interest in this area.
Mr. McCracken again brought up that the 301-H Waiver is up for
renewal in a couple of weeks and is afraid the EPA will say at
some point they won't renew it, so we need to be prepared.
Dr. Alexander said aside from the fact the City might lose the
waiver, Morro Bay is targeted to control its surface runoff
water. L.A. is already having to do this and it cost hundreds of
thousands of dollars. He also said that even if the farmers
don't want the secondary water, any money we save on the outfall
would be savings to bring the plant to secondary treatment.
Mr. Enns again brought up prioritizing the items. Mayor Sheetz
responded by saying it would have to go to City Council.
Mr. Hassan suggested the U.S. Salinity Lab be invited to study
the tolerance of different crops to the salinity problem.
Mr. Crawford said he and Mr. Richards have been talking about the
tank and want to make sure they are presenting a good product.
ADJOURNMENT
is MOTION: Mayor Sheetz moved the meeting be adjourned. The
motion was seconded by Councilmember Baker and
unanimously carried. (5-0)
The meeting adjourned at 2:30 p.m.
Recorded by:
Elane Novak
Deputy City Clerk
•
1-1
0
� 14'a a ri / y 9-Z.
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 — SEPTEMBER 28, 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 COUNTY SUPERIOR COURT
♦ CAyU `OS SANITARY DISTRICT V. CITY OF MORRO BAY, CASE NOS. 70420 AND
71224; AND, CAYUCOS SANITARY DISTRICT V. CALIFORNIA COASTAL
COMMISSION, CASE NO. 17030, SAN LUIS OBISPO SUPERIOR COURT
E-2 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION:
♦ DAVID A NORTON V CITY OF MORRO BAY ET AL, CASE NO. 69620, SAN
LUIS OBISPO COUNTY SUPERIOR COURT
♦ DAVID A NORTON V GARY A MAPPER GAYLE H. NICHOLS JOHN LEMONS,
U.S. DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. CV
90-6301 JGD (Bx)
0-3 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION:
♦ WILLIAMS BROS MARKETS INC ET AL V CITY OF MORRO BAY ET AL,
CASE NO. 69397, SAN LUIS OBISPO SUPERIOR COURT
♦ VOTERS INITIATIVE COMMITTEE V CITY OF MORRO BAY, CASE NO. 71138,
SAN LUIS OBISPO SUPERIOR COURT
E-4 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION:
♦ FRED M. SCHOTT AND ASSOCIATES ETC, V. D.W. MARTIN. ET AL.
(LAUREL STREET), CASE NO. 69131, SAN LUIS OBISPO SUPERIOR COURT
♦ ROBERT FREITAS ETC V CITY OF MORRO BAY ET AL (LAUREL
STREET), CASE NO. 71825, SAN LUIS OBISPO SUPERIOR COURT
E-5 GOVERNMENT CODE 554957, PERSONNEL
1
City Of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life
which we all enjoy. We are committed to this purpose and will provide a level of municipal
service consistent and responsive to our public and its needs.
REGULAR MEETING - SEPTEMBER 28, 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
Onless 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 OF AUGUST 19, 1992, AND THE
REGULAR MEETING OF SEPTEMBER 14, 1992
A-2 RECEIPT OF SAN LUIS OBISPO AREA COORDINATING COUNCIL 1991/92 ANNUAL
REPORT; AND, REQUEST FOR CITY COUNCIL ENDORSEMENT OF PROPOSITION 156,
PASSENGER RAIL AND CLEAN AIR BOND ACT (RESOLUTION NO. 118-92)
A-3 WATER SUPPLY STATUS REPORT
A-4 STATEMENT OF INVESTMENTS - AUGUST 1992
A-5 EXPENDITURE REPORT - AUGUST 1992
A-6 RESOLUTION NO. 119-92 MODIFYING THE 1992-93 MASTER FEE SCHEDULE
PROVIDING A WAIVER OF TEMPORARY PERMITS FOR CERTAIN CHARITABLE AND/OR
EDUCATIONAL NON-PROFIT ORGANIZATIONS
A-7 RESOLUTION NO. 113-92 SUPPORTING H.R. 5754 WITH REFERENCE TO WATER
RECLAMATION PROVISIONS
A-8 RESOLUTION NO. 120-92 ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES'
• MEDICAL AND HOSPITAL CARE ACT, AND FIXING EMPLOYER'S CONTRIBUTION
A-9 RESOLUTION NO. 117-92 RECOGNIZING AND COMMENDING MORRO BAY COMMERCIAL
FISHERMEN FOR THEIR EFFORTS IN THE AVILA BEACH OIL SPILL CLEAN UP
A-10 RESOLUTION NO. 121-92 AWARDING ANNUAL MAINTENANCE CONTRACT FOR
BAYSHORE BLUFFS PARK TO KEITH GAFNEY LANDSCAPE CO. OF MORRO BAY
•. UNFINISHED BUSINESS
B-1 RECOMMENDATION OF SUB -COMMITTEE ON COMMUNITY GOALS FOR RATIFICATION OF
DESTINATION 2000 COMMITTEE MEMBERS
C. NEW BUSINESS
C-1 REQUEST FROM ECONOMIC OPPORTUNITY COMMISSION BOARD OF DIRECTORS FOR
NORTH COAST PUBLIC REPRESENTATIVE
C-2 REQUEST BY LEAGUE OF WOMEN VOTERS FOR WAIVER OF FACILITY FEE AT
VETERANS MEMORIAL BUILDING FOR MORRO BAY CANDIDATE'S FORUM
C-3 UNAUDITED FINANCIAL STATEMENTS FOR YEAR ENDING 30 JUNE 1992; AND,
OPERATING ENCUMBRANCES FROM FY 1991-92
C-4 REVIEW OF STATE BUDGET IMPACTS
C-5 COUNCILMEMBER REQUEST FOR DISCUSSION ON SEWER AND WATER AVAILABILITY
FEES FOR RETROFIT PROGRAM
C-6 COUNCILMEMBER REQUEST TO DISCUSS USING A PORTION OF PARKING -IN -LIEU
FEES TO OPERATE DIAL -A -RIDE SHUTTLE BETWEEN EMBARCADERO AND DOWNTOWN
AREA
PUBLIC HEARINGS, REPORTS & APPEARANCES
#-'l CONSIDERATION OF EMPLOYEE BUDGET TASK FORCE REPORT
D-2 ORDINANCE NO. 422 AMENDING §13.20.070 OF THE MORRO BAY MUNICIPAL CODE,
WATER EQUIVALENCY TABLE, ADDING A CATEGORY FOR ELDERLY/HANDICAPPED
APARTMENTS OF 600 SQUARE FEET OR LESS (INTRODUCTION/FIRST READING)
D-3 PUBLIC HEARING ON FINAL GRANTEE PERFORMANCE REPORT FOR 1989 COMMUNITY
DEVELOPMENT BLOCK GRANT FOR HOUSING REHABILITATION, AND RESOLUTION NO.
122-92 AUTHORIZING SUBMITTAL OF APPLICATION TO DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT
PARTNERSHIP PROGRAM
D-4 ORDINANCE NO. 421 ESTABLISHING CITY POLICIES AND PROCEDURES CONCERNING
CHILDCARE SERVICES IN MORRO BAY (INTRODUCTION/FIRST READING)
D-5 ORDINANCE NO. 420 REVISING CHAPTER 10.32 OF THE MORRO BAY MUNICIPAL
CODE TO MODIFY THE STATE SPEED LIMIT ON CERTAIN STREETS OR PORTIONS
THEREOF (INTRODUCTION/FIRST READING)
D-6 CONSIDERATION OF RESOLUTION NO. 114-92 SUMMARILY ABANDONING A PORTION
OF PUBLIC RIGHT-OF-WAY, MARENGO DRIVE
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 - SEPTEMBER 28, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
Mayor Sheetz called the meeting to order at 5:20 p.m.
PRESENT: Rose Marie Sheetz Mayor
John Baker Councilmember
Ben Luna Councilmember
Susan Mullen Councilmember
Tom Wuriu Councilmember
ABSENT: None
STAFF: Forrest Henderson City Administrator
Judy Skousen City Attorney
E. CLOSED SESSION
MOTION: Mayor Sheetz 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 5:20 p.m. and returned
to regular session at 5:58 p.m.
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 5:59 p.m.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 28, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Sheetz called the meeting to order at 6:11 p.m.
PRESENT: Rose Marie Sheetz
Mayor
John Baker
Councilmember
Ben Luna
Councilmember
• Susan Mullen
Councilmember
Tom Wuriu
Councilmember
•
E
MINUTES
- MORRO BAY CITY COUNCIL
REGULAR
MEETING - SEPTEMBER 28, 1992
PAGE 2
ABSENT:
None
STAFF:
Forrest Henderson
Judy Skousen
Rick Algert
Louise Burt
Jon Crawford
Ardith Davis
Don Funk
Dave Howell
Jeff Jones
Steve Wolter
City Administrator
City Attorney
Harbor Director
Finance Director
Public Works Dir.
City Clerk
Comm. Dev. Dir.
Police Chief
Fire Chief
Rec. & Parks Dir.
Horace Strong gave the invocation, and led the Pledge of
Allegiance.
PRESENTATION
Mayor Sheetz noted a recent oil spill in San Luis Harbor in Avila
Beach, and stated a number of commercial fishermen are to be com-
mended for their efforts in the clean-up. She stated the Fisher-
men's Oil Spill Response Training program enabled local commer-
cial fishermen to expedite the clean-up. She noted a number of
Morro Bay commercial fishermen were involved and recognized Cathy
Novak and Kathy Cordero as part of the team effort. Certificates
of Appreciation will be distributed to those involved.
fiu7i�41ul�]�4.9
1. Ned Rogoway, 1163 Main Street, discussed his appearance
before Council two weeks ago to urge Council's support of HR 2732
regarding wastewater reclamation. He thanked Council for the
resolution on tonight's agenda to do that, and reported on the
bill's progress through Congress. He said the bill has now
passed to the Senate and requested copies of the resolution be
forwarded to Senators Cranston and Seymour as well.
2. Roger Ewing spoke in favor of Item C-2 on the Agenda,
the request by the League of Women Voters for a waiver of fees
for use of the Veterans Hall to conduct a candidate's night.
3. Marshall Ochylski, 75 Higuera, San Luis Obispo, and
representing Tri-W in the Williams Brothers Project, stated he
wished to respond to questions regarding intentions for the shop-
ping center after the Judge's decision last week. He stated the
Williams family intends to proceed forward with the development
of the project; although the financial feasibility of the project
is their primary concern at this time. They are currently look-
ing at the costs of the project and capability of the project to
support those costs. He invited all parties having an interest
in seeing the project go forward, work with the Williams family
to come up with a solution to the financial situation. He stated
with regard to the legal issues, it is Williams position Judge
Coffee did not rule on the basic legality of Measure H. The
•
•
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 28, 1992
PAGE 3
Williams family may ask the Appellate Court to rule on the legal-
ity of the initiative. He referred to the damages suit against
the City which is presently stayed by the Settlement Agreement
and stated it is their position the Settlement Agreement is still
in effect and they will not proceed in a damage suit against the
City. However, if the Settlement Agreement is voided, the
Williams family believes they have the right and will proceed
forward with reactivating the damage suit.
1. Councilmember Mullen stated it is nice to hear Tri-W is
open to comments from the public. She requested David Williams
strongly consider dropping all legal actions against the City and
allow the City to move forward with Measure H.
Councilmember Mullen requested an item be scheduled on the Agenda
to consider support of the General Hospital bond measure.
2. Councilmember Luna requested Council authorize an addi-
tion to the Agenda to consider directing the City Administrator
to write a letter in support of the City's inclusion in the
National Estuary Program. He said the EPA will be making a deci-
sion on whether or not to include Morro Bay in the near future.
MOTION: Councilmember
Agenda after
directing the
porting Morro
Luna m
the last
City Ad
Bay's i
Program. The motion
Wuriu and unanimously
A. CONSENT CALENDAR
owed an item be placed on the
Public Hearing item to consider
ministrator to write a letter sup-
nclusion in the National Estuary
was seconded by Councilmember
carried. (5-0)
A-1 CITY COUNCIL MINUTES OF THE CLOSED SESSION OF AUGUST 19
1999 AND THE REGULAR MEETING OF SEPTEMBER 14 1992
Mr. Henderson recommended Council approve the minutes as
submitted.
Mr. Henderson recommended Council receive the Annual Report for
file and adopt Resolution No. 118-92.
A-3 WATER SUPPLY STATUS REPORT
Mr. Henderson recommended Council receive the report for file.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 28, 1992
PAGE 4
• A-4 STATEMENT OF INVESTMENTS - AUGUST 1992
Mr. Henderson recommended Council receive the Statement for file.
A-5 EXPENDITURE REPORT - AUGUST 1992
Mr. Henderson recommended Council approve the Report.
A-6 RESOLUTION NO 119-92 MODIFYING THE 1992-93 MASTER FEE
SCHEDULE PROVIDING A WAIVER OF TEMPORARY PERMITS FOR CERTAIN
CHARITABLE AND/OR EDUCATIONAL NON-PROFIT ORGANIZATIONS
Mr. Henderson recommended Council adopt Resolution No. 119-92.
A-7 RESOLUTION NO 113-92 SUPPORTING H.R. 5754 WITH REFERENCE TO
WATER RECLAMATION PROVISIONS
Mr. Henderson recommended Council adopt Resolution No. 113-92.
A-8 RESOLUTION NO 120-92 ELECTING TO BE SUBJECT TO PUBLIC
EMPLOYEES' MEDICAL. AND HOSPITAL CARE ACT AND FIXING
EMPLOYER'S CONTRIBUTION
Mr. Henderson recommended Council adopt Resolution No. 120-92.
• A-9 RESOLUTION NO 117-92 RECOGNIZING AND COMMENDING MORRO BAY
COMMERCIAL FISHERMEN FOR THEIR EFFORTS IN THE AVILA BEACH
OIL SPILL CLEAN UP
Mr. Henderson recommended Council adopt Resolution No. 117-92.
A-10 RESOLUTION NO 121-92 AWARDING ANNUAL MAINTENANCE CONTRACT
FOR BAYSHORE BLUFFS PARK TO KEITH GAFNEY LANDSCAPE CO OF
MORRO BAY
Mr. Henderson recommended Council adopt Resolution No. 121-92.
Councilmember Mullen requested Items A-1 and A-8 be pulled for
separate discussion.
MOTION: Councilmember Wuriu moved for approval of the Consent
.Calendar with the exception of Items A-1 and A-8. The
motion was seconded by Councilmember Luna and unani-
mously carried. (5-0)
A-1 CITY COUNCIL MINUTES OF THE CLOSED SESSION OF AUGUST 19
1992 AND THE REGULAR MEETING OF SEPTEMBER 14 1992
Councilmember Mullen offered a correction to page 5 of the Min-
utes of September 14, 1992, last paragraph under B-3. "Mr.
• Dunton" should be "Dr. Denton".
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 28, 1992
PAGE 5
• A-8 RESOLUTION NO 120-92 ELECTING TO BE SUBJECT TO PUBLIC
luvvoI uL.T XT XWTn vnenTmAT 0XVV arm Amn ATVTAT!_
Councilmember Mullen stated this item concerns health insurance
coverage for Councilmembers. She believes a public hearing
should be held to receive public input on this expenditure. She
stated these benefits to Councilmembers amount to $16,200
annually.
MOTION: Councilmember Mullen moved a public hearing be held to
consider eliminating this expenditure from the budget.
The motion failed for lack of a second.
MOTION: Councilmember Luna moved for the approval of Item A-1
as amended and Item A-8. The motion was seconded by
Councilmember Baker and unanimously carried. (5-0)
B. UNFINISHED BUSINESS
B-1 RECOMMENDATION OF SUB -COMMITTEE ON COMMUNITY GOALS FOR RATI-
FICATION OF DESTINATION 2000 COMMITTEE MEMBERS
Councilmember Luna commended other members of the Sub -Committee
• working on this project: Councilmember Baker and Planning Com-
missioners Bernie Melvin and Janice Peters. He stated all appli-
cants recommended for appointment have been selected unanimously
by the Sub -Committee; none of the appointees provoked controversy
or disagreement among the Sub -Committee. He noted the applicants
were not invited to apply; they came forward on their own and all
are very qualified. Councilmember Luna stated they do not have
an appointee from the Hotel/Motel industry, but Jack Curry of the
La Serena Inn is considering applying.
Mayor Sheetz stated Jack Curry is on the Harbor Advisory Board
and Council policy prohibits individuals from serving on more
than one committee. Councilmember Luna stated Destination 2000
is basically an ad -hoc committee rather than a standing
committee.
Mayor Sheetz asked how many people applied for the Committee?
Councilmember Luna stated only two applicants were not selected.
The Sub -Committee appointed' nine committee members and seven
alternates representing the categories of environment, retired
seniors, business fishing industry, merchants, small developer,
homeowners, high school students, and renters.
Councilmember Wuriu commented in reading the letters of applica-
tion, some of the reasons given for wanting the serve the commu-
nity in this capacity was very heartwarming.
Councilmember Mullen asked if the committee meetings will be open
or closed to the public? Councilmember Luna stated the initial
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 28, 1992
PAGE 6
• organization meetings will not be public; however, the Committee
will be conducting a series of workshops which will be open and
they hope people will get involved.
MOTION: Councilmember Mullen moved Council ratify the Committee
appointments. The motion was seconded by Councilmember
Luna and unanimously carried. (5-0)
Councilmember Baker stated he and Councilmember Luna are usually
on opposite sides of an issue; however, in the selection of the
Committee they were united. He recommended Jack Curry be
appointed to the Committee if he is willing; his position on the
Harbor Advisory Board should not be a conflict.
C. NEW BUSINESS
C-1 REQUEST FROM ECONOMIC OPPORTUNITY COMMISSION BOARD OF DIREC-
TORS FOR NORTH COAST PUBLIC REPRESENTATIVE
Mayor Sheetz stated the Economic Opportunity Commission is look-
ing for a representative on their Board of Directors from the
North Coast area. She asked if any Councilmembers were inter-
ested in the position? Councilmember Mullen volunteered and was
appointed.
• C-2 REQUEST BY LEAGUE OF WOMEN VOTERS FOR WAIVER OF FACILITY FEE
AT VETERANS MEMORIAL BUILDING FOR MORRO BAY CANDIDATE'S
FOR
Mr. Henderson explained the City's policy of not allowing fee
waivers due to the number of organizations which would request
waivers if allowed and the difficulty in deciding who is quali-
fied. He noted Council recently adopted a Resolution allowing
fee waivers for a temporary use permit to non-profit organiza-
tions qualifying under IRS law §501(c)3; perhaps the same section
could be applied in this instance.
Steve Wolter noted Council did waive fees in one instance for the
Friends of the Library under the umbrella the event was an activ-
ity that specifically benefitted the City as a municipal
corporation.
MOTION: Councilmember Wuriu moved for approval of the League of
Women Voters' request for waiver of facility fees to
hold a candidate's night based on the fact the activity
specifically benefits the City as a municipal corpora-
tion. The motion was seconded by Councilmember Baker
and unanimously carried. (5-0)
C-3 UNAUDITED FINANCIAL STATEMENTS FOR YEAR ENDING 30 JUNE 1992•
• AND OPERATING ENCUMBRANCES FROM FY 1991-92
Louise Burt reviewed the encumbrance list which details projects
from FY 1991-92 to continue in this fiscal year. She noted staff
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 28, 1992
PAGE 7
• predicted a shortfall of $660,000 during budget hearings, and the
actual figure is $528,261. She stated three projects need to be
included in the Encumbrance List from Harbor; they are Derelict
Vessel Removal in the amount of $2,487, Lease Site Appraisals in
the amount of $3,000, and Fishermen's Market in the amount of
$1,363.
MOTION: Councilmember Luna moved for the approval of the Encum-
brance List as submitted. The motion was seconded by
Councilmember Baker.
Councilmember Mullen asked if it is possible to get dates on when
the projects were initially budgeted; some of them may be old.
Ms. Burt stated she could produce a list.
The motion was unanimously carried. (5-0)
C-4 REVIEW OF STATE BUDGET IMPACTS
Ms. Burt stated while the State Budget cut impacts to the City
are severe, they are not as bad as expected. Staff anticipated a
$500,000 cut, and instead will realize a $127,000 impact. She
stated the City imposed a conditional hiring freeze in anticipa-
tion of the cuts, and will be able to absorb the $127,000; she
reviewed the savings for Council information.
• MOTION: Councilmember Mullen moved for approval of the amend-
ment to the FY 1992-93 Budget. The motion was seconded
by Councilmember Wuriu and unanimously carried. (5-0)
C-5 COUNCILMEMBER REQUEST FOR DISCUSSION ON SEWER AND WATER
AVAILABILITY FEES FOR RETROFIT PROGRAM
Mr. Henderson stated this item is agendized per Councilmember
Luna's request, and a brief history of water and sewer availabil-
ity fees has been provided for Council information.
Councilmember Wuriu asked how the fees compare with other cities
in the County? Mr. Funk stated he has not conducted a survey of
other cities; however, the fee is established based on a cost
analysis to cover the cost of improvements to the water and sewer
system.
Councilmember Mullen asked how the City can justify the fee if
people are retrofitting 2:1 and, therefore, not becoming a drain
on the City's water supplies? Ms. Skousen stated the fee is not
an impact fee, it is an availability fee and covers the entire
system; this includes costs for studies, construction, upgrade,
improvements, etc.
• Councilmember Luna stated it appears to be a development tax; he
does not believe people should be charged these fees if they are
already hooked up to the existing system. He stated his intern
conducted a survey of cities in the County, and Morro Bay is the
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 28, 1992
PAGE 8
'• only City that has such costs. He said the fees are excessive
and could be impeding business in town; they need to be reevalu-
ated and perhaps eliminated.
Mayor Sheetz noted the fees from this source were used for stud-
ies on the San Bernardo Creek Dam and Coastal Streams projects,
and investigating other possible sources of water.
Councilmember Mullen stated other than working on a long-term
water management plan, the City will not be spending money on
studies in the future. She stated Ms. Burt has not budgeted rev-
enue from these fees since there has been so few hook-ups in
recent years; deleting the fees will not impact the budget.
Ms. Burt stated the City is in receipt of a draft AB 1600 fee
study which is in the process of being edited to include the
State Water Project. She stated this study will contain data
upon which Council can base fees. The study should be concluded
in approximately one month.
Mayor Sheetz suggested this item be continued until the report is
available.
MOTION: Mayor Sheetz moved this item be continued until the AB
1600 report is available. The motion was seconded by
• Councilmember Baker.
Councilmember Luna was not in favor of waiting; he said with the
2:1 savings on retrofit, the building will not impact the water
system. People are being prevented from building due to the high
costs of these fees. Councilmember Mullen agreed and stated
Council should act this evening. She does not need an impact fee
study to tell her the rates are too high. She suggested the
rates be rolled back to 1977 costs for a period of time. This
will encourage those who have been waiting to come forward.
Councilmember Baker stated he is the last person to discourage
building; however, it does cost money to maintain and improve the
water and sewer systems. He said waiting another month for the
report is not out of order.
The motion failed with Councilmembers Luna, Mullen and
Wuriu voting no. (2-3)
MOTION: Councilmember Mullen moved Council drop the water and
sewer availability fees to the 1977 level for a three
month period; advertise this information; and encourage
those individuals who have been waiting to come for-
ward. The motion was seconded by Councilmember Wuriu.
Mr. Henderson stated this matter should return to Council for a
public hearing since the item is on for Council discussion only
this evening.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 28, 1992
PAGE 9
• SUBSTITUTE Mayor Sheetz moved staff prepare a report and
MOTION: schedule a public hearing for consideration of moving
the water and sewer availability fees back to the 1977
level for a three month period. The substitute motion
was seconded by Councilmember Wuriu and unanimously
carried. (5-0)
Councilmember Luna stated he requested this item be agendized to
determine if there is conceptual support for using a portion of
the parking -in -lieu fees to operate a Dial -a -Ride, tram, or shut-
tle to help with the parking problems on the Embarcadero. He
realizes it may require an amendment to the current ordinance.
He noted the City's Traffic Circulation Element has this recom-
mendation in it. Councilmember Luna stated it may be impossible
for some developments to secure parking adjacent to their busi-
ness, and satellite parking will be necessary.
Mayor Sheetz asked how the City would pay for maintenance and
operation of the shuttle? Councilmember Luna stated perhaps
future parking -in -lieu fees could be based on a new scale of
impact and it may be possible to sell advertising on the shuttle.
• He also noted someday soon the City will have to consider
installing parking meters. He noted he is only requesting
Council conceptual approval at this time.
Mayor Sheetz stated the item should be scheduled for a public
hearing in order to hear from the people who contribute to these
fees.
Councilmember Mullen stated it is a good idea in moving forward
towards a mass transportation plan.
Councilmember Baker stated he would like to see some of the
Embarcadero people come to the Downtown area and he does not
believe this proposal will help that. He stated he was contacted
by one of the people who have contributed to the parking -in -lieu
fees, and that person is not interested in seeing the money spent
for a trolley.
Councilmember Luna emphasized he is not proposing to spend money
at this time; he understands the legal issues and knows contribu-
tors to the fund will have input. He noted Morro Rock is a per-
fect area where parking is available, but no one wants to walk
from there to the Embarcadero or Downtown area. A shuttle from
this location would be ideal.
• Mayor Sheetz asked how much money is in the parking -in -lieu fund
at this time? Ms. Burt responded $218,000.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 28, 1992
PAGE 10
• MOTION: Councilmember Mullen moved staff schedule a public
hearing to discuss use of parking -in -lieu fees for mass
transportation such as Dial -a -Ride, shuttle, or trol-
ley. The motion was seconded by Councilmember Luna and
carried with Councilmember Baker and Mayor Sheetz vot-
ing no. (3-2)
D-1 CONSIDERATION OF EMPLOYEE BUDGET TASK FORCE REPO
Mr. Henderson reviewed the progress of the Employee Budget Task
Force (EBTF) which was formed during Budget hearings this year to
help identify service reductions in order to meet the budget
shortfall without laying off employees. He stated 15 of the Com-
mittee's ideas have been implemented, and they Council request
guidance on the remaining 17 proposals.
Councilmember Luna asked if there is a general idea when these
items could move forward? Mr. Henderson stated he could develop
a timeline for the projects and bring them back individually as
they occur.
There was discussion regarding the items with Councilmember
Mullen suggesting a mini -workshop be scheduled with the EBTF to
• go over the ideas.
MOTION: Councilmember Mullen moved a date be set to hold an
evening mini -workshop with the EBTF. The motion was
seconded by Councilmember Baker and unanimously
carried. (5-0)
All Councilmembers agreed the EBTF should be commended for their
work on this proposal.
D-2 ORDINANCE NO 422 AMENDING §13 20 070 OF THE MORRO BAY
MUNICIPAL CODE WATER EQUIVALENCY TABLE ADDING A CATEGORY
FOR ELDERLY/HANDICAPPED APARTMENTS OF 600 SQUARE FEET OR
LESS (INTRODUCTION/FIRST READING)
Mr. Funk reviewed this item stating it was prepared at Council
direction. The Ordinance adds a category to the Water Equiva-
lency Table requiring .45 water equivalency unit for elderly/
handicapped apartments of 600 square feet or less. He noted
staff has substantiated this figure through analysis of past
usage of the affordable housing units on Elena.
Mayor Sheetz opened the hearing to the public for comments.
Scott Smith, People's Self Help
• ordinance and are grateful to
research.
Housing, stated they support the
staff for their work on the
The hearing was closed to the public.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 28, 1992
PAGE 11
•
MOTION: Councilmember Mullen moved Ordinance No. 422 be read by
title and number only. The motion was seconded by
Councilmember Baker and unanimously carried. (5-0)
Mr. Henderson read Ordinance No. 422 by title and number only.
MOTION: Councilmember Baker moved for approval of the introduc-
tion and first reading of Ordinance No. 422. The
motion was seconded by Councilmember Luna and unani-
mously carried. (5-0)
D-3 PUBLIC HEARING ON FINAL GRANTEE PERFORMANCE REPORT FOR 1989
COMMUNITY DEVELOPMENT BLOCK GRANT FOR HOUSING REHABILITA-
TION AND RESOLUTION NO 122-92 AUTHORIZING SUBMITTAL OF
APPLICATION TO DEPARTMENT OF HOUSING AND COMMUNITY DEVELOP-
MENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIP
PROGRAM
Mr. Funk stated this program began in 1989 with a $500,000 grant
from the Department of Housing and Community Development to reha-
bilitate 30 low-income occupied homes. Thirty-three were actu-
ally rehabilitated. No action is required of Council outside of
holding a public hearing.
• The other item authorizes application to the HOME Investment
Partnership (HOME) program to help with funding Phase II of the
Ocean View Manor low-income housing project.
Mayor Sheetz opened the hearing to the public for comments.
Scott Smith, PSHH, stated the rehabilitation program has been
very successful in Morro Bay. He stated they have been rehabili-
tating homes in Morro Bay since 1985 or 1986 and 65-70 homes have
been improved at a total cost of approximately $1 million.
Mayor Sheetz closed the hearing to the public.
MOTION: Councilmember Baker moved for the adoption of Resolu-
tion No. 122-92. The motion was seconded by Coun-
cilmember Luna and unanimously carried. (5-0)
READING)-1-4 ORDINANCE NO. 421 ESTABLISHING CITY POLICIES AND PROCEDURES
CONCERNING CHILDCARE SERVICES IN MORRO BAY (INTRODUCTION/
FIRST
Mr. Funk stated Council referred this item to the Planning com-
mission for their input; the ordinance includes their recommenda-
tions to strengthen the parking requirements for large family
daycare homes. They were concerned about the impacts of large
• facilities on neighbors where they are located.
Councilmembers discussed the recommendations for increased park-
ing requirements. Councilmember Mullen stated she supports the
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 28, 1992
PAGE 12
• ordinance as a method to assist those who needs to move through
the process easily; she is concerned the parking requirements
will be roadblock.
Mayor Sheetz opened the hearing to the public for comments; there
were no comments and the hearing was closed.
Councilmember Baker stated he would like to amend the ordinance
so it meets State requirements only; there is no need for extra
parking restrictions.
MOTION: Councilmember Wuriu moved Ordinance No. 421 be amended
on page 2, Section 7 to read, "Parking for Large Family
Day Care Homes, as described in Section 17.12.272 of
this Code. One additional off-street parking space for
each employee of the proprietor"; and, delete Section
B(5) on page 5. The motion was seconded by Councilmem-
ber Baker and unanimously carried. (5-0)
Mayor Sheetz opened the proposed amendment to the public for com-
ments; there were no comments and the hearing was closed.
MOTION: Councilmember Luna moved Ordinance No. 421 be read by
title and number only. The motion was seconded by
Councilmember Mullen and unanimously carried. (5-0)
• Mr. Henderson read Ordinance No. 421 by title and number only.
MOTION: Councilmember Baker moved for approval of introduction
and first reading of Ordinance No. 421 as amended. The
motion was seconded by Councilmember Luna and unani-
mously carried. (5-0)
D-5 ORDINANCE NO 420 REVISING CHAPTER 10.32 OF THE MORRO BAY
Mayor Sheetz introduced Jon Crawford as the city's new Public
Works Director/City Engineer.
Mr. Crawford stated the Public Works Department recently per-
formed a traffic survey of a majority of streets in Morro Bay as
required by the State every five years. The only proposed change
from previous years is an increase from 30 mph to 35 mph on Main
Street between Atascadero Road (Highway 41) and the Highway 1
on/off ramp (north of Radcliffe).
Council asked questions with regard to the statistics on which
the recommendations are based; Mr. Crawford responded.
• 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 - SEPTEMBER 28, 1992
PAGE 13
• MOTION: Councilmember Mullen moved Ordinance No. 420 be read by
title and number only. The motion was seconded by
Councilmember Baker and unanimously carried. (5-0)
Mr. Henderson read Ordinance No. 420 by title and number only.
MOTION: Councilmember Wuriu moved for approval of introduction
and first reading of Ordinance No. 420. The motion was
seconded by Councilmember Luna and unanimously carried.
(5-0)
• • • L _ • • • • • Jy1M_ • • _
Mr. Henderson stated this is a request from a private property
owner regarding an encroachment on City property. The abandon-
ment poses no jeopardy for the City and he recommended approval
of Resolution No. 114-92.
Mayor Sheetz opened the hearing to the public for comments; there
were no comments and the hearing was closed.
MOTION: Councilmember Luna moved for adoption of Resolution No.
114-92. The motion was seconded by Councilmember
Mullen and unanimously carried. (5-0)
• D-7 ADDED - DIRECTION TO CITY ADMINISTRATOR TO WRITE LETTER IN
SUPPORT OF MORRO BAY'S INCLUSION IN THE NATIONAL ESTUARY
PROGRAM
MOTION: Councilmember Luna moved the City Administrator be
instructed to write a letter of support for Morro Bay's
inclusion in the National Estuary program. The motion
was seconded by Councilmember Mullen and unanimously
carried. (5-0)
F. ADJOURNMENT
MOTION: Councilmember Luna moved the meeting be adjourned. The
motion was seconded by Councilmember Mullen and unani-
mously carried. (5-0)
The meeting adjourned at 8:04 p.m.
Recorded by:
ARDITH DAVIS
• City Clerk
U
U
sc� za,(4 14j /q 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.
REGULAR MEETING - SEPTEMBER 14, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
RESOLUTION 108-92 OF COMMENDATION TO GARY A. NAPPER FOR
SERVICES AS MORRO BAY CITY ADMINISTRATOR
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.
MCLARATION OF ITEMS (CITY COUNCIL)
A. CONSENT ND
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 REGULAR MEETING OF AUGUST 24, 1992
A-2 RESOLUTION NO. 111-92 APPROVING PUBLIC AREA USE PERMIT FOR 1992 HARBOR
FESTIVAL
A-3 NOTICE OF COMPLETION FOR PROJECT NO. RP 91-93, PARK IRRIGATION
REPLACEMENT (MORRO BAY CITY AND MONTE YOUNG PARKS)
A-4 APPOINTMENT TO VACANCIES ON CABLE TV FRANCHISE BOARD (JEANNE SMALL);
AND, COMMUNITY PROMOTIONS COMMITTEE (BRAD BAILEY)
A-5 ACCEPTANCE OF RESIGNATION FROM STREETS AND TREES ADVISORY COMMITTEE
(JENNIFER BRADLEY-LENET)
A-6 WATER SUPPLY STATUS REPORT
A-7 RESOLUTION 108-92 OF COMMENDATION TO GARY A. NAPPER FOR SERVICES AS
MORRO BAY CITY ADMINISTRATOR
0-8 PROCLAMATION DECLARING OCTOBER 3-10, 1992 AS "FIRE PREVENTION WEEK"
-9 RESOLUTION NO. 112-92 REQUESTING COUNTY OF SAN LUIS OBISPO NEGOTIATE
NEW AMBULANCE CONTRACT BETWEEN THE CITIES AND THE COUNTY; AND,
DESIGNATING THE CITY MANAGERS/FIRE CHIEFS COMMITTEE ON AMBULANCE AS
THE BARGAINING GROUP FOR THE CITIES
A-10 PROCLAMATION DECLARING OCTOBER 5-9, 1992 AS "MORRO BAY DIAL -A -RIDE
WEEK"
A-11 PROCLAMATION DECLARING SEPTEMBER 19, 1992 THROUGH OCTOBER 12, 1992 AS
"COASTWEEKS", AND SEPTEMBER 19, 1992 AS "ANNUAL COASTAL CLEAN-UP DAY"
A-12 RESOLUTION NO. 109-92 AWARDING REQUEST FOR PROPOSALS PW92-253,
REHABILITATION OF MORRO BAY DIAL -A -RIDE VEHICLE
A-13 PROCLAMATION DECLARING THE MONTHS OF SEPTEMBER, OCTOBER, NOVEMBER, AND
DECEMBER 1992 AS "GOOD NEIGHBOR MONTHS"
A-14 REPORT ON ISSUANCE OF ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT FOR
EMERGENCY REMOVAL OF TREE OBSTRUCTING SEWER LINE (451 PINEY WAY)
B. UNFINISHED BUSINESS
B-1 RESOLUTION NO. 110-92 APPROVING CONTINUATION OF MONTH -TO -MONTH
EXTENSION OF INTERIM NON-EXCLUSIVE CURBSIDE RECYCLING FRANCHISE
AGREEMENT WITH MORRO BAY GARBAGE SERVICE
�2 AWARD OF CONTRACT, FY 1992-93 LOCAL VISITORS SERVICES BUREAU
B-3 SET DATE FOR WORKSHOP ON WASTEWATER EFFLUENT RECLAMATION
C. NEW BUSINESS
C-1 SELECTION OF VOTING DELEGATES TO LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE (OCTOBER 1992)
C-2 DETERMINATION OF WHETHER MEASURE I, ORDINANCE NO. 393, AND ALL OTHER
WATER RETROFIT RULES MUST BE SUBMITTED TO CALIFORNIA COASTAL
COMMISSION FOR APPROVAL AND CERTIFICATION INTO THE CITY'S LOCAL
COASTAL PROGRAM/LAND USE PLAN 'PULLED
D. PUBLIC HEARINGS, REPORTS & APPEARANCES
D-1 PUBLIC HEARING ON REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW
EXPANSION TO EXISTING COMMERCIAL BUILDING, 561 EMBARCADERO (CASE NO.
CUP 07-92; R. GRAY, APPLICATION) CONTINUE TO 12 OCTOBER 1992
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 COUNTY SUPERIOR COURT
• ♦ CAYUCOS SANITARY DISTRICT V CITY OF MORRO BAY, CASE NOS. 70420 AND
71224; AND, CAYUCOS SANITARY DISTRICT V. CALIFORNIA COASTAL
COMMISSION, CASE NO. 17030, SAN LUIS OBISPO SUPERIOR COURT
2
0-2 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION:
♦ DAVID A NORTON V. CITY OF MORRO BAY, ET AL, CASE NO. 69620, SAN
LUIS OBISPO COUNTY SUPERIOR COURT
♦ DAVID A NORTON V. GARY A MAPPER GAYLE H. NICHOLS JOHN LEMONS,
U.S. DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. CV
90-6301 JGD (Bx)
• juaw k _
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 - SEPTEMBER 14, 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
Ben Luna
Susan Mullen
Tom Wuriu
ABSENT: John Baker
STAFF: Forrest Henderson
Judy Skousen
Rick Algert
Louise Burt
Jon Crawford
Ardith Davis
Don Funk
Dave Howell
Jeff Jones
Mike Upton
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
City Attorney
Harbor Director
Finance Director
Public Works Dir.
City Clerk
Comm. Dev. Dir.
Police Chief
Fire Chief
Admin. Asst.
Bishop Craig Dearden of the Church of Jesus Christ of Latter Day
Saints gave the invocation; Boy Scout Troup No. 222, Santa Lucia
Area Council, presented the colors; and, Horace Strong led the
Pledge of Allegiance.
PRESENTATION: RESOLUTION 108-92 OF COMMENDATION TO GARY A.
NAPPER FOR SERVICES AS MORRO BAY CITY
ADMINISTRATOR
Mayor Sheetz read the Resolution commending Mr. Napper for his
services as City Administrator and noting he is the longest -
tenured City Administrator in Morro Bay. She also presented him
with a plaque which included a key to the City. Mr. Napper
introduced his family to the audience, thanked Council for their
leadership, and staff for their help over the years. Mr. Napper
was serenaded by Council and Department Heads with Goodbye, Gary
sung to the tune of Hello, Dolly, and wished well in his future
with the City of Ceres, CA.
PUBLIC COMMENT
1. John Kleinhammer discussed the situation at Tidelands
Park and the need to find an interim solution for parking. Mayor
• Sheetz stated she has a meeting scheduled for the following day
to discuss this matter with some of the fishermen.
•
•
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 14, 1992
PAGE 2
2. Mary Phillips, 2645 Ironwood, questioned if the
responses to the RFP would be submitted to Council for final
approval? Mayor Sheetz stated yes.
3. Ned Rogoway encouraged Council to support HR 5754 (Roe)
which includes HR 2732 (Packard). He noted Council has previ-
ously gone on record in support of HR 2732; this legislation
deals with funding for reclamation.
DECLARATION OF FUTURE AGENDA ITEMS
1. Councilmember Luna requested an item be scheduled on
the Consent Calendar for appointment of Destination 2000 commit-
tee members.
2. Councilmember Luna requested a New Business item be
scheduled to discuss sewer and water availability fees as they
relate to the retrofit program.
3. Councilmember Luna requested an item be scheduled to
discuss the possibility of using parking -in -lieu fees to operate
a Dial -a -Ride shuttle between the Embarcadero and Downtown area.
4. Councilmember Mullen requested an item be scheduled to
support HR 5754 as requested by Mr. Rogoway.
5. Councilmember Wuriu asked if there is any indication as
to the impact the adopted State Budget will have on the City?
Mr. Henderson stated the only information received at this time
refers to property tax; staff is still analyzing the impacts of
several trailer bills attached to the budget and will bring that
information to Council.
A. CONSENT CALENDAR
A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF AUGUST 24
1992
Mr. Henderson recommended Council approve the minutes as
submitted.
A-2 RESOLUTION NO 111-92 APPROVING PUBLIC AREA USE PERMIT FOR
1992 HARBOR FESTIVAL
Mr. Henderson recommended Council adopt Resolution No. 111-92.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 14, 1992
PAGE 3
• A-3 NOTICE OF COMPLETION FOR PROJECT NO RP 91-93 PARK IRRIGA-
TION REPLACEMENT (MORRO BAY CITY AND MONTE YOUNG PARKS)
Mr. Henderson recommended Council accept the project as complete,
authorize the City Clerk to record the Notice of Completion, and
appropriate $1,250 from the Park Fee Fund to the project account.
A-4 APPOINTMENT TO VACANCY ON CABLE TV FRANCHISE BOARD (JEANNE
SMALL); AND COMMUNITY PROMOTIONS COMMITTEE (BRAD BAILEY)
Mr. Henderson recommended Council appoint Brad Bailey to the Com-
munity Promotions Committee, term expiring 31 December 1994;
appoint Jeanne Small to the TV Franchise and Services Board, term
expiring 31 December 1995; and direct staff to re -advertise the
remaining vacancy on the TV Board.
A-5 ACCEPTANCE OF RESIGNATION FROM STREETS AND TREES ADVISORY
COMMITTEE fJENNIFER BRADLEY-LENET)
Mr. Henderson recommended Council accept the resignation of Ms.
Bradley-Lenet, and authorize staff to advertise the vacancy.
A-6 WATER SUPPLY STATUS REPORT
• Mr. Henderson recommended accept the report for file.
A-7 RESOLUTION 108-92 OF COMMENDATION TO GARY A. NAPPER FOR SER-
VICES AS MORRO BAY CITY ADMINISTRATOR
Mr. Henderson recommended Council adopt Resolution No. 108-92.
A-8 PROCLAMATION DECLARING OCTOBER 3-10. 1992 AS "FIRE PREVEN-
TION WEEK"
Mr. Henderson recommended Council authorize the Mayor to sign the
Proclamation.
A-9 RESOLUTION NO 112-92 REQUESTING COUNTY OF SAN LUIS OBISPO
NEGOTIATE NEW AMBULANCE CONTRACT BETWEEN THE CITIES AND THE
COUNTY; AND DESIGNATING THE CITY MANAGERS/FIRE CHIEFS COM-
MITTEE ON AMBULANCE AS THE BARGAINING GROUP FOR THE CITIES
Mr. Henderson recommended Council adopt Resolution No. 112-92.
A-10 PROCLAMATION DECLARING OCTOBER 5-9 1992 AS "MORRO BAY DIAL -
A -RIDE WEEK"
Mr. Henderson recommended Council authorize the Mayor to sign the
Proclamation.
u
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 14, 1992
PAGE 4
• A-11 PROCLAMATION DECLARING SEPTEMBER 19 1992 THROUGH OCTOBER
12 1992 AS "COASTWEEKS" AND SEPTEMBER 19 1992 AS "ANNUAL
COASTAL CLEAN-UP DAY"
Mr. Henderson recommended Council authorize the Mayor to sign the
Proclamation.
A-12 AWARD OF REQUEST FOR PROPOSALS PW92-253 REHABILITATION OF
MORRO BAY DIAL -A -RIDE VEHICLE
Mr. Henderson recommended Council adopt Resolution No. 109-92
awarding the contract to Wide -One Corp. in an amount not to
exceed $15,620.
A-13 PROCLAMATION DECLARING THE MONTHS OF SEPTEMBER OCTOBER
NOVEMBER. AND DECEMBER 1992 AS "GOOD NEIGHBOR MONTHS"
Mr. Henderson recommended Council authorize the Mayor to sign the
Proclamation.
A-14 REPORT ON ISSUANCE OF ADMINISTRATIVE COASTAL DEVELOPMENT
PERMIT FOR EMERGENCY REMOVAL OF TREE OBSTRUCTING SEWER LINE
(451 PINEY WAY)
• Mr. Henderson recommended Council receive the report for file.
Councilmember Luna requested Item A-12 be pulled for separate
discussion.
A-12 AWARD OF REQUEST FOR PROPOSALS PW92-253 REHABILITATION OF
MORRO BAY DIAL -A -RIDE VEHICLE
Councilmember Luna asked several questions to which Mr. Upton
responded. He suggested the painting scheme on the buses be
changed. Mr. Upton stated he would not be able to do it for this
contract; however, the matter could be considered for purchase of
a new bus which will be on Council's October 12th agenda. coun-
cil concurred they would like a new color scheme or design on the
buses.
MOTION: Councilmember Mullen moved for approval of the Consent
Calendar. The motion was seconded by Councilmember
Luna and unanimously carried. (4-0)
B. UNFINISHED BUSINESS
B-1 RESOLUTION NO 110-92 APPROVING CONTINUATION OF MONTH -TO -
MONTH EXTENSION OF INTERIM NON-EXCLUSIVE CURBSIDE RECYCLING
FRANCHISE AGREEMENT WITH MORRO BAY GARBAGE SERVICE
• Councilmember Mullen stepped down from consideration of this item
due to a conflict of interest.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 14, 1992
PAGE 5
Mr. Upton explained a pre -proposal conference was held with
prospective vendors on August 24th. At that time, several ven-
dors requested an extension of time to submit proposals. As a
result, the contract award date has been rescheduled to Council's
October 12th meeting. So that pick-up of recyclable materials is
not interrupted, it is in order to extend Morro Bay Garbage Ser-
vice continuation of this service on a month -to -month basis.
MOTION: Councilmember Luna moved for adoption of Resolution No.
110-92. The motion was seconded by Councilmember Wuriu
and carried with Councilmember Mullen abstaining.
(3-0-1)
Councilmember Mullen returned to her seat.
B-2 AWARD OF CONTRACT FY 1992-93 LOCAL VISITORS SERVICES BUREAU
Mr. Henderson stated at the last meeting, Council directed staff
to meet with the Chamber of Commerce to work out details of the
contract language. The parties have met, and the contract before
Council is agreeable to both the City and Chamber.
MOTION: Councilmember Mullen moved the FY 1992-93 Local Visi-
tors Services Bureau contract be awarded to the Morro
Bay Chamber of Commerce. The motion was seconded by
Councilmember Luna and unanimously carried. (4-0)
B-3 SET DATE FOR WORKSHOP ON WASTEWATER EFFLUENT RECLAMATION
Mr. Henderson reviewed facility availability dates for Council
consideration to hold the workshop on reclamation.
MOTION: Councilmember Luna moved Council set Thursday, 01
October 1992 at 1:00 p.m. for the Reclamation Workshop.
The motion was seconded by Councilmember Mullen and
unanimously carried. (4-0)
Councilmember Mullen requested Mr. Denton and Mr. Livingston from
San Luis Coastal Unified School District also be invited to
attend.
C. NEW BUSINESS
C-1 SELECTION OF VOTING_ DELEGATES TO LEAGUE. OF CALIFORNIA CITIES
ANNUAL CONFERENCE (OCTOBER 1992)
Mr. Henderson stated the League of California Cities has
requested Council appoint a delegate and alternate to vote on
Resolutions at the October Annual Conference. He noted due to
is
budget constraints, no funds have been budgeted in this year's
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 14, 1992
PAGE 6
• budget for travel or training. It is estimated it will cost $385
to send one person to the Conference for one day.
Councilmembers discussed the necessity of having a representative
at the Business Session. Mayor Sheetz suggested the item return
to Council when Resolutions have been received to determine if
the content warrants City representation. Mr. Henderson noted
the League set a deadline of September 18th to receive delegate
information.
C-2 DETERMINATION OF WHETHER MEASURE I ORDINANCE NO 393 AND
ALL OTHER WATER RETROFIT RULES MUST BE SUBMITTED TO
CALIFORNIA COASTAL COMMISSION FOR APPROVAL AND CERTIFICATION
INTO THE CITY'S LOCAL COASTAL PROGRAM/LAND USE PLAN PULLED
D-1 PUBLIC HEARING ON REQUEST FOR CONDITIONAL USE PERMIT TO
ALLOW EXPANSION TO EXISTING COMMERCIAL BUILDING, 561
EMRARCADFRO (CASE No CUP 07-92• R. GRAY APPLICATION)
CONTINUE TO 12 OCTOBER 1992
MOTION: Councilmember Luna moved this item be continued to 12
October 1992. The motion was seconded by Mayor Sheetz
• and unanimously carried. (4-0)
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 COUNTY SUPERIOR COURT
♦ CAYUCOS SANITARY DISTRICT V. CITY OF MORRO BAY, CASE NOS.
70420 AND 71224; AND, CAYUCOS SANITARY DISTRICT V.
CALIFORNIA COASTAL COMMISSION, CASE NO. 17030, SAN LUIS
OBISPO SUPERIOR COURT
E-2 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION:
♦ DAVID A NORTON V. CITY OF MORRO BAY ET AL, CASE NO.
69620, SAN LUIS OBISPO COUNTY SUPERIOR COURT
♦ DAVID A NORTON V. GARY A NAPPER GAYLE H. NICHOLS JOHN
LEMONS, U.S. DISTRICT COURT, CENTRAL DISTRICT OF
CALIFORNIA, CASE NO. CV 90-6301 JGD (Bx)
MOTION: Councilmember Luna moved the meeting be adjourned to
Closed Session. The motion was seconded by Councilmem-
ber Wuriu and unanimously carried. (4-0)
Mayor Sheetz read the Closed Session statement.
The meeting adjourned to Closed Session at 6:52 p.m. and returned
49 to regular session at 7:44 p.m.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 14, 1992
PAGE 7
• F. ADJOURNMENT
MOTION: Councilmember Luna moved the meeting be adjourned. The
motion was seconded by Councilmember Mullen and unani-
mously carried. (4-0)
The meeting adjourned at 7:45 p.m.
Recorded by:
ARDITH DAVIS
City Clerk
•
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.
CLOSED SESSION - AUGUST 24, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
595 HARBOR ST., MORRO BAY, CA
E-1 GOVERNMENT CODE §54956.9(A), PENDING LITIGATION, WILLIAMS BROS,
MARKETS, INC ET AL V. CITY OF MORRO BAY ET AL, CASE NO. 69397, SAN
LUIS OBISPO SUPERIOR COURT
REGULAR MEETING - AUGUST 24, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
COMMENT PERIOD - Members of the audience wishing to address the
oouncil 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 FROM THE REGULAR MEETING OF AUGUST 10, 1992
A-2 STATEMENT OF INVESTMENTS - JULY 1992
A-3 EXPENDITURE REPORT - JULY 1992
A-4 NOTICE OF COMPLETION OF PROJECT NO. PW 91-11, NORTH T-PIER ELECTRICAL
SYSTEM
A-5 NOTICE OF COMPLETION OF PROJECT PW 92-01, EMERGENCY DESALINATION PLANT
DISCHARGE LINE
A-6 PROCLAMATION DECLARING SEPTEMBER 14-18 AS "RIDESHARE WEEK IN MORRO
• BAY", AND SEPTEMBER 15TH AS "FREE TRANSIT DAY"
A-7 WATER SUPPLY STATUS REPORT
A-8 APPROVAL OF INTER -DEPARTMENTAL TRANSFER OF EMPLOYEE FROM STREET
DIVISION TO FIRE FIGHTER VACANCY
A-9 AWARD OF CONTRACT, FY 1992-93 LOCAL VISITORS SERVICES BUREAU
it10 PROCLAMATION DECLARING SEPTEMBER 1992 AS "UNITED STATES CONSTITUTION
OBSERVANCE MONTH"
A-11 AUTHORIZATION OF AID TO AGENCIES GRANT TO CALVARY EVANGELICAL LUTHERAN
CHURCH
A-12 STATUS REPORT ON IMPLEMENTATION OF CHILD CARE SERVICES STUDY
A-13 RESOLUTION NO. 105-92 APPOINTING JON CRAWFORD AS CITY ENGINEER
A-14 RESOLUTION NO. 107-92 APPOINTING FORREST HENDERSON AS CITY
ADMINISTRATOR
B.
NONE
C. NEW BUSINESS
C-1 RESOLUTION NO. 106-92 ASSIGNING CITY LEASE SITE NO. 62/62W FROM QASI
(dba MORRO BAY ARTIST COLONY) TO GEORGE VALENZUELA (551 EMBARCADERO)
C-2 DETERMINATION OF DATE TO HOLD HEARING ON DRAFT CITY PLAN FOR SOURCE
REDUCTION AND RECYCLING ELEMENT (SRRE)
C-3 REVIEW OF INVENTORY OF ILLEGAL SIGNS IN CITY
0-4 COUNCILMEMBER REQUEST FOR CITY -IMPOSED MORATORIUM ON MAPS UNTIL
ADOPTION OF CITY WATER MANAGEMENT PLAN
D. PUBLIC HEARINGS REPORTS & APPEARANCES
D-1 PROGRESS REPORT ON PLANS FOR THE DOMENGHINI FLATS/CHORRO VALLEY LANDS
RECENTLY PURCHASED BY THE CALIFORNIA COASTAL CONSERVANCY
D-2 RESOLUTION NO. 104-92 REVISING AND CONSOLIDATING CITY HARBOR DEPART-
MENT RULES AND REGULATIONS
D-3 CONTINUANCE OF REQUEST BY MORRO BAY MARINA FOR RECONSIDERATION OF CITY
COUNCIL DENIAL OF PARK RETROFIT WATER EQUIVALENCY ALLOCATION TO THE
MARINA SQUARE PROJECT
D-4 REQUEST BY ROSS DOVER, P.T., FOR RE-EXAMINATION OF WATER AND SEWER
ASSESSMENT FEES UNDER THE WATER FIXTURES RETROFIT PROGRAM
D-5 REQUEST FOR AGENDA TIME BY CRAIG BELL TO RE -DISCUSS THE NUMBER OF
WATER EQUIVALENCIES ALLOCATED TO HIS PROPERTY AT 2170 NO. MAIN STREET
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 - AUGUST 24, 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: Forrest Henderson Acting City Admin.
Judy Skousen City Attorney
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 read the Closed Session statement.
• The meeting adjourned to Closed Session at 5:18 p.m. and returned
to regular session at 5:40 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 5:41 p.m.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 24, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Sheetz called the meeting to order at 6:00 p.m.
lrfflf iv�
PRESENT: Rose Marie Sheetz
Mayor
John Baker
Councilmember
Ben Luna
Councilmember
Susan Mullen
Councilmember
Tom Wuriu
•
Councilmember
ABSENT: None
u
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 24, 1992
PAGE 2
STAFF: Forrest Henderson
Judy Skousen
Rick Algert
Bill Boucher
Ardith Davis
Don Funk
Mike Upton
Steve Wolter
Acting City Admin.
City Attorney
Harbor Director
Acting PW Dir.
City Clerk
Comm. Dev. Dir.
Admin. Asst.
Rec. & Parks Dir.
Reverend James Berg, Calvary Lutheran Church gave the invocation,
and Horace Strong led the Pledge of Allegiance.
PRESENTATIONS
PROCLAMATION DECLARING SEPTEMBER 1992 AS "UNITED STATES CONSTITU-
TION OBSERVANCE MONTH"
Mayor Sheetz read the Proclamation declaring September "United
States Constitution Observance Month" and presented it to Masonic
Lodge members Roy Haas and Charles Meador.
PUBLIC COMMENT
• 1. Mary Phillips stated she is upset about the Solid Waste
Management Board's discussion relative to placing liens on prop-
erty for non-payment of garbage bills even if an individual does
not use the service. She requested agenda time to discuss the
U.S. Constitution and rights of citizens.
2. Roger Ewing referred to Item C-4 on the Agenda regard-
ing vesting maps and encouraged Council to follow its own LCP by
not granting water and sewer services to previously unsubdivided
property until the City has an adopted water management plan. He
stated Mayor Sheetz and the City Attorney lied before the Coastal
Commission on August 13th when they said the Voter's Initiative
Committee had gotten everything they wanted. If VIC had every-
thing they wanted, they would not have sued the City. He said
the majority Council have denied the will of the people with
regard to Measure H.
3. Bruce Risley, Piney Way, stated at the recent Coastal
Commission meeting in Huntington Beach, VIC video taped the meet-
ing. They have made several copies of the tape and will show it
to anyone; they are also having several public showings of the
meeting. He believes every citizen in Morro Bay should know when
its representatives misrepresent the City, and it should be
investigated.
4. John Lemons, 419 Shasta Ave., also addressed Agenda
• Item C-4 and stated there is no emergency in the City which would
dictate imposition of a moratorium on subdivision maps. Those
councilmembers advocating this should be looking for ways to
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 24, 1992
PAGE 3
• assist people in the community to develop their lots rather than
looking for one more stumbling block. A moratorium is not
needed.
5. Charles Palmer, 485 Estero Ave., said approximately 400
lots in Morro Bay were subdivided when the City was incorporated.
Those lots have rights to water prior to any new subdivision.
6. Reverend Jim Berg, Calvary Lutheran Church, spoke in
favor of Agenda Item A-11 which is his request for a refund the
Church paid for a permit to hold an out -door rummage sale. He
stated the Church holds a non-profit status.
7. Marshall Ochylski, principle in Landplans and repre-
senting Tri-W Enterprises, stated he would like to set the record
straight. He referred to an article in the Sun -Bulletin with a
quote by VIC's attorney who accused the City and Tri-W of "lies,
deceit, and misrepresentation". He stated there is documentation
VIC persists in "lies, deceit, and misrepresentation" itself; he
displayed a drawing from VIC's newsletter which shows multi -story
skyscrapers proposed by Williams Brothers. He stated nothing on
the property has ever been proposed over two stories. Mr.
Ochylski stated the vote on Measure H was settled by less than
.2% of the voters; he asked how would the election have come out
• had the truth been advertised rather than a gross distortion.
Mr. Ochylski also addressed Item C-4 regarding a moratorium
on subdivisions stating it was obviously addressed towards Tri-W
since it came up after they applied for a map. He said if there
is a moratorium on subdivisions this will kill the Albertson/
Payless project also since their project is contingent on a sub-
division. He said a moratorium will also affect apartments
attempting to convert to condominiums.
None.
A-1 CITY COUNCIL MINUTES FROM THE REGULAR MEETING OF AUGUST 10
1992
Mr. Henderson recommended Council approve the minutes as
submitted.
A-2 STATEMENT OF INVESTMENTS - JULY 1992
Mr. Henderson recommended Council accept the Statement for file.
• A-3 EXPENDITURE REPORT - JULY 1992
Mr. Henderson recommended Council approve the Report as
submitted.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 24, 1992
PAGE 4
•
A-4 NOTICE OF COMPLETION OF PROJECT NO PW 91-11 NORTH T-PIER
ELECTRICAL SYSTEM
Mr. Henderson recommended Council accept the project as complete
and authorize filing of the Notice of Completion.
A-5 NOTICE OF COMPLETION OF PROJECT PW 92-01 EMERGENCY DESALI-
NATION PLANT DISCHARGE LINE
Mr. Henderson recommended Council accept the project as complete
and authorize the filing of the Notice of Completion.
A-6 PROCLAMATION DECLARING SEPTEMBER 14 18 AS "RIDESHA_RE WEEK IN
MORRO BAY" AND SEPTEMBER 15TH AS "FREE TRANSIT DAY"
Mr. Henderson recommended Council authorize the Mayor to sign the
Proclamation.
Mr. Henderson recommended Council accept the Report for filing.
A-8 APPROVAL OF INTER -DEPARTMENTAL TRANSFER OF EMPLOYEE FROM
• STREET DIVISION TO FIRE FIGHTER VACANCY
Mr. Henderson recommended Council temporarily approve the exemp-
tion of the Paramedic requirement; and, authorize the filling of
one of the two vacant fire suppression vacancies with Mr.
Anondson of the Street Division with the understanding Mr.
Anondson will complete firefighter position requirements by the
end of the September 1993 Paramedic certification program.
Mr. Henderson recommended Council accept the proposal from the
Chamber of Commerce, and approve the Local Visitors Service
Bureau contract to the Chamber for FY 1992-93 in the amount of
$31,950.
CONSTITUTION OBSERVANCE MONTH"
Mr. Henderson recommended Council authorize the Mayor to sign the
Proclamation.
A-11 AUTHORIZATION OF AID TO AGENCIES _GRANT__ TO CALV-4-W
EVANGELICAL LUTHERAN CHURCH
Mr. Henderson recommended Council authorize an increase of $52 to
• the Aid to Agencies Budget from Fund Balance; authorize a $52
grant to the Calvary Lutheran Church; and direct staff to prepare
an amendment to the fee schedule to streamline the processing of
land use permits for specific non-profit organizations.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 24, 1992
PAGE 5
•
A-12 STATUS REPORT ON IMPLEMENTATION
OF CHILD CARE SERVICES STUDY
Mr. Henderson recommended Council accept the status report, and
forward the proposed ordinance to
the Planning Commission for
review and recommendations.
A-13 RESOLUTION NO 105 92 APPOINTING
JON CRAWFORD AS CITY
ENGINEER
Mr. Henderson recommended Council adopt Resolution No. 105-92.
A-14 RESOLUTION NO 107-92 APPOINTING
FORREST HENDERSON AS CITY
ADMINISTRATOR
Mr. Henderson recommended Council
adopt Resolution No. 107-92,
and authorize the Mayor to sign the
employment agreement.
Councilmember Mullen requested Items
A-9 and A-13 be pulled from
the agenda for separate discussion;
Councilmember Luna requested
Items A-8 and A-12 be pulled; and,
Councilmember Baker requested
Item A-11 be pulled.
A-8 APPROVAL OF INTER -DEPARTMENTAL
TRANSFER OF EMPLOYEE FROM
•
STREET DIVISION TO FIRE FIGHTER
VACANCY
Councilmember Luna asked if the
transfer is permanent? Mr.
Henderson stated yes.
A-9 AWARD OF CONTRACT FY 1992-93
LOCAL VISITORS SERVICES BUREAU
Councilmember Mullen suggested the hours of operation set forth
in the first page of the Agreement be changed "For the period 1
May through 31 August; 10:00 a.m. to 3:30 p.m. Saturday", rather
than 9:00 a.m. to 5:00 p.m. She believes the Chamber prefers the
same Saturday hours year -around. Also, #10 of the Agreement con-
tains additional requirements which are new, and questioned why
they are included at this time? Mr. Henderson stated the hours
of operation can be worked out. With regard to the promotional
material, the City would like to retain some control over the
standard of information that's given out.
Suedene Nelson, Chamber of Commerce Executive Director, stated
their records show there is very light traffic into the Chamber
of weekends; therefore, they wish to retain the Saturday, 10:00
a.m. to 3:30 p.m. hours year-round. She reviewed other items set
forth in the contract and stated the Chamber is in the process of
upgrading and instituting some of these practices at the present
time. She noted the additional funds granted to the Chamber this
year will help with the process. Ms. Nelson believes requiring
• the Chamber to make referrals to specific businesses could put
them in a precarious liability position.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 24, 1992
PAGE 6
• Mayor Sheetz suggested the item be pulled and staff be directed
to work with the Chamber on modified language.
Councilmember Luna asked if the Chamber liability insurance poli-
cies cover special events? Mr. Henderson stated no, they pur-
chase specific insurance for special events.
Councilmember Baker commented the Chamber of Commerce brochures
have been first class in the past, and their office personnel are
trained.
Mr. Henderson noted the Chamber did receive a funding increase in
this year's budget.
A-11 AUTHORIZATION OF AID TO EVANGELICAL .e e -
Councilmember Baker stated it is reprehensible to charge a church
or other non-profit organizations for a rummage sale. He also
objected to the recommendation to increase the Aid to Agencies
budget in order to refund the money to the Church; it makes it
look as though the City is purchasing something.
MOTION: Councilmember Baker requested a future agenda item be
scheduled to amend the resolution requiring non-profit
• organizations to pay this fee. The motion was seconded
by Councilmember Luna and unanimously carried. (5-0)
Councilmember Mullen noted the permit is for outside sales,
rather than for a rummage sale.
A-12 STATUS REPORT ON IMPLEMENTATION OF CHILD CARE SERVICES STUDY
Councilmembersasked various questions pertaining to the ordinance
to which Ms. Skousen responded.
A-13 RESOLUTION NO 105-92 APPOINTING JON CRAWFORD AS CITY
ENGINEER
Councilmember Mullen stated she has concerns the new City Engi-
neer was hired at the top step of his salary range and was hired
during a time period when the City Administrator was interviewing
for other positions. Mr. Henderson stated he was not involved in
the process; however, advertisement of the position was autho-
rized by Council and the salary range was included in the adver-
tisement. When a selection is made, negotiations over salary and
terms of employment begin. He said it may be the person selected
was already making between the low and high step of the City's
schedule and the salary at which he was hired is what it took to
bring him to Morro Bay. He noted the new Public Works Director/
• City Engineer salary is actually between the fourth and fifth
step of the salary range.
•
•
E
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 24, 1992
PAGE 7
Councilmember Mullen stated the City does not normally hire at
that step, and she is concerned about setting a precedent. Coun-
cilmember Baker disagreed; he stated it is done all the time. If
an individual is working at a higher salary somewhere else, there
is no incentive to come to another City unless the individual
receives a salary increase.
Councilmember Luna asked if the
was negotiable? Mr. Henderson
public sector hiring that salary
advertisement stated the salary
stated no, it is understood in
depends on qualifications.
Ms. Skousen stated even though the City Administrator may have
been looking for a job, he still had all the duties of City
Administrator. He was directed by Council to hire a new Public
Works Director/City Engineer and had a duty to continue that
function. She noted the City Council appoints the City Engineer,
but they do not have the authority to appoint the Public Works
Director; the Morro Bay Municipal Code gives that authority to
the City Administrator.
Councilmember Mullen stated the City Council has a right to com-
ment on the decisions made by the City Administrator. Coun-
cilmember Wuriu stated since he has been hired, the Council
should give him all the support he is entitled to and hope he
succeeds.
Donna Ramos, 2850 Cedar, stated she is a 37 year resident of
Morro Bay and a 27 year employee of the Morro Bay Public Works
Department. She expressed her concern, and that of other employ-
ees in the Public Works Department, with the action taken by the
out -going City Administrator to hire the new Director of Public
Works/City Engineer at a high step of the salary range. She
stated it normally takes three years for employees to prove them-
selves worthy of reaching the top step. She resents the position
the out -going City Administrator has put the City Council in by
hiring the new Director at the top step when "the axe hangs over
the heads" of present and proven City employees. Ms. Ramos
stated the City has a highly qualified employee acting as Acting
Director of Public Works, Bill Boucher, and she does not believe
he has received the recognition he deserves or the position he
should have.
MOTION: Councilmember Baker moved for the approval of the Con-
sent Calendar with the exception of Item A-9 which has
been referred back to staff. The motion was seconded
by Councilmember Wuriu and unanimously carried. (5-0)
B. UNFINISHED BUSINESS
NONE
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 24, 1992
PAGE 8
• C. NEW BUSINESS
C-1 RESOLUTION NO 106-92 ASSIGNING CITY LEASE SITE NO 62/62W
FROM OASI (dba MORRO BAY ARTIST COLONY) TO GEORGE VALENZUELA
(551 EMBARCADERO)
Mr. Algert reviewed the request to transfer this lease noting the
transfer documents are contingent upon approval of documents by
the City Attorney and payment of past due rent, penalties and
interest upon close of escrow. He noted this same condition was
placed on another lease site and worked well.
Mr. Algert responded to questions regarding the opportunity to
collect past -due rents. He stated the documents are contingent
upon receiving the funds; if the proposed new Lessee does not pay
the monies due, the City will go back to QASI, Inc. to fulfill
the debt and/or begin foreclosure procedures against them.
Councilmember Luna requested the Planning Commission specifically
address parking in any plans for this site noting existing park-
ing problems on the Embarcadero.
MOTION: Councilmember Mullen moved for adoption of Resolution
No. 106-92. The motion was seconded by Councilmember
• Luna and unanimously carried. (5-0)
C-2 DETERMINATION OF DATE TO HOLD HEARING ON DRAFT CITY PLAN FOR
SOURCE REDUCTION AND RECYCLING ELEMENT (SRRE)
Mr. Upton reviewed this item stating the City is working with the
San Luis Obispo Council of Governments to coordinate public hear-
ings for the Draft Source Reduction and Recycling Element. The
question before Council is whether to schedule those hearings
now, or after the November election. It is anticipated the docu-
ment will not be available for adoption until after that time,
and it may be appropriate to schedule the hearings before offi-
cers elected in November. Mr. Upton stated the Solid Waste Man-
agement Board has recommended hearings be held after the November
election.
Councilmember Mullen noted she will not be voting on this matter
due to a possible conflict of interest regarding the recycling
contract.
Council consensus was to wait until after the November election
to schedule the hearings.
C-3 REVIEW OF INVENTORY OF ILLEGAL SIGNS IN CITY
Mr. Henderson stated the staff report refers to the signs as
• "non -conforming" signs when they are actually illegal signs.
Mr. Funk stated the last time the City conducted a comprehensive
sign survey was in 1974. Out of 391 businesses surveyed, 106 had
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 24, 1992
PAGE 9
• non -conforming signs. Letters were sent to these businesses
advising them they had 10 to 15 years to make their signs conform
to the Sign Code.
A survey just concluded indicates 31 of the non -conforming signs
still exist. He stated since the non -conforming businesses have
had over 20 years to comply and most other businesses have com-
plied, Council direct staff remind those non -conforming sign own-
ers of the requirements. He noted some may be able to apply for
a sign exception permit if they have special circumstances.
Councilmember Baker asked what was used as a guideline to estab-
lish the ordinance adopted in the 1970's? Mr. Funk did not know;
however, suspected ordinances from other cities may have been
used.
Councilmember Mullen commented the City Attorney has advised the
City cannot change the current sign ordinance until all signs are
brought into conformance. Ms. Skousen explained the State law
which requires all local agencies to comply with their sign ordi-
nances resulted from complaints by businesses owners that cities
continued to modify and amend their sign ordinance making it more
and more strict, and never enforcing it against illegal signs.
• Councilmember Wuriu asked if it is unconstitutional for the State
to impose this restriction on cities? Ms. Skousen said the State
does have the authority; in fact, they can adopt sign ordinances
for all cities. She commented the report from staff does not
include all illegal signs in the City; only those made illegal by
the sign amortization schedule.
MOTION: Councilmember Mullen moved staff notify the remaining
31 sign owners they need to remove their sign; correct
the non -conformity; or, if applicable, apply for a sign
exception permit if they have some special circum-
stances which could warrant an exception. The motion
was seconded by Councilmember Luna and carried with
Councilmember Baker voting no. (4-1)
C-4 COUNCILMEMBER REQUEST FOR CITY -IMPOSED MORATORIUM ON MAPS
UNTIL ADOPTION OF CITY WATER MANAGEMENT PLAN
Councilmember Mullen stated the Coastal Commission has recom-
mended denial of projects based on the City's LCP which states,
"New water and sewer services to previously unsubdivided areas
shall not be approved until a Water Management Plan has been
developed, adopted, and submitted for Coastal Commission review
and approval as a subsequent amendment to the LUP." She called
for a moratorium on all maps dealing with previously unsubdivided
property. If the City does not enact the moratorium, it leaves
• itself open to appeals to the Coastal Commission. It is her
understanding the Coastal Commission will continue to deny subdi-
visions based on the City's LCP requirement for a water manage-
ment plan.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 24, 1992
PAGE 10
Councilmember Luna asked how many lots in Morro Bay are previ-
ously unsubdivided? Mr. Funk stated he did not know; he believes
all lots are subdivided to a certain degree.
Councilmember Mullen asked if the proposed Albertson Shopping
Center property is on previously unsubdivided property? Mr. Funk
stated they currently have three or four parcels and are request-
ing six.
Councilmember Mullen stated the Williams Brothers property is an
example of previously unsubdivided property. Mr. Funk stated it
was subdivided three years ago on the City boundary line. Coun-
cilmember Mullen stated it was not subdivided within the City
limits. She stated this is the same situation as the Sign Ordi-
nance. Either the City enforces ordinances or leaves itself open
to litigation and appeals. This is a major waste of the City
budget and staff time.
Councilmember Baker stated the City is not besieged with subdivi-
sion requests and believes the primarily reason for Councilmember
Mullen's request is to place another stumbling block in front of
the Williams Brothers project.
MOTION: Councilmember Baker moved the item be tabled. The
ismotion was seconded by Councilmember Wuriu and carried
with Councilmembers Luna and Mullen voting no. (3-2)
Councilmember Mullen stated Council has just voted to ignore its
own Coastal Plan.
r-1 PROGRESS REPORT ON PLANS FOR THE DOMENGHINI FLATS/CHORRO
vALLEy -
Y PURCHASED BY THE CALIFORNIA COASTAL
CONSERVANCY
Mike Multari, consultant with the firm of Crawford Multari and
Starr, stated his firm has been hired by the Coastal San Luis
Resource Conservation District (RCD) and the Coastal Conservancy
as the lead agency to prepare a schematic design and management
plan for Chorro Flats. He reviewed the concerns for the prop-
erty, including sediment control, and named the biologists and
hydrologists also involved in the project. He stated he will
keep the City informed of progress and appreciates any input they
have into the process.
Mayor Sheetz said Morro Bay has raised the issue of a possible
reclamation project on the property to alleviate water problems
in Morro Bay due to agriculture uses of water. Mr. Multari
• stated the possibility will be considered.
Councilmember Mullen asked if the Domenghini family has any water
rights to the property which has been purchased by the State?
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 24, 1992
PAGE 11
• Mr. Multari did not known; however, stated he will have answers
when he has finished the background report. The process is just
starting.
Mr. Funk asked if the consultants had any idea where the funding
for the study/projects will come from? Mr. Multari stated there
is no identified on -going source of monies for this project.
Mayor Sheetz opened the hearing to the public.
Ed Smith asked if there is a trailer park within the boundary of
the project? Mr. Multari stated the trailer park is outside the
boundary of the property.
Charles Palmer stated the property was in a flood plain in 1960.
He said a person could walk under Twin Bridges at that time. The
simplest thing would be to tear down the dyke and turn the area
into a flood plain. Another suggestion is to put some ripples in
the property which will cause the water to disburse and spread
out over the land.
Mayor Sheetz stated no action is required of Council. If Council
has concerns, they can give them to her and she will draft a let-
ter to Mr. Multari summarizing them.
• D-2 RESOLUTION NO 104-92 REVISING AND CONSOLIDATING CITY HARBOR
DEPARTMENT RULES AND REGULATIONS
Rick Algert stated the proposed Resolution combines and reorga-
nizes numerous resolutions relating to harbor regulations into
one document for ease of administration. He noted two new amend-
ments which were not in previous resolutions. Mr. Algert stated
the Harbor Advisory Board approved the revisions at their August
6th meeting.
Councilmember Luna asked questions regarding various sections of
the Resolution to which Mr. Algert responded.
Mayor Sheetz opened the hearing to the public for comments.
Dale Mitchell stated charging for parking at the launch ramp will
make problems for everyone else. The fishermen will use
Embarcadero parking spaces and private parking instead of parking
at the launch ramp and paying the fee.
Mayor Sheetz returned the item to Council.
MOTION: Councilmember Mullen moved for the adoption of Resolu-
tion No. 104-92. The motion was seconded by Coun-
cilmember Wuriu and carried with Councilmember Luna
• voting no. (4-1)
Council recessed from 8:03 p.m. to 8:13 p.m. Councilmember
Mullen was not present when Council reconvened.
11
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 24, 1992
PAGE 12
Mr. Funk stated staff met on this issue and determined the number
of water equivalency units (weu) available from retrofitting of
parks is 46.07. He reviewed the amount of equivalencies need for
both the People's Self -Help Housing and Marina Square projects.
He noted they found the average use of the senior affordable
housing units is less than apartment use, and staff recommends an
amendment to the water equivalency table requiring .45 per
affordable housing unit instead of the current .54 as assigned to
apartment units. After making the modifications, both projects
can be accommodated with Marina Square 6.08 weu short of the
total amount required.
Councilmember Mullen returned to her seat at 8:16 p.m.
Mr. Funk referred to the letter from Dale Mitchell representing
the Marina Square interests, and requesting the allocation of weu
be based on the 1':1 ratio as existed in 1989 rather than the 2:1
ratio in effect today. If Council grants this request, there is
enough water for both projects. It was noted the 2:1 ratio
required by Measure I exempts low income housing.
Councilmember Wuriu stated when this matter was discussed in 1991
and the weu denied, there was a serious drought in Morro Bay and
he was reluctant to award water at that time. The situation has
changed and he believes water can be awarded to both projects and
still have some in reserve for the City.
Mayor Sheetz stated there has been indications Mr. Trapp made
statements at the January 1991 Council meeting he was abandoning
the project and, therefore, would not need the water equivalen-
cies. She asked if Mr. Trapp or his representatives ever told
the City they did not want the water equivalencies? Mr. Mitchell
stated they did not make remarks to that nature and nothing was
ever given to the City in writing indicating same.
Nelson Sullivan stated the 1':1 ratio was never a legal goal.
The Coastal Development Permit as amended in 1985 specifies a
goal of 2:1 savings. Council has been trying to determine how
much retrofitting has to be done to achieve that goal. To say
the City is targeting a 1�:1 ratio is a violation of the Coastal
Development Permit. Mr. Sullivan said retrofitting of parks
should be treated the same as other retrofit candidates since
irrigation of parks is interrupted during drought periods.
John Lemons stated he was on the Council in 1989 when the origi-
nal motion was made. He voted against the motion not because he
was against allocating the equivalencies, but because he dis-
agreed with the amount to be charged for the water. He believes
Council action was intended to assign the water equivalencies to
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 24, 1992
PAGE 13
• the Waterman project. If Council does not approve the water
needed to operate the new construction at this lease site, it
will lose $250,000 per year plus jobs and salaries for people who
could be employed.
Jeanette Duncan, Executive Director of People's Self -Help Hous-
ing, stated they require water to be allocated to their project
this year as opposed to next year, even though they may not use
the water until next year. The Federal Government requires them
to demonstrate they will be able to build prior to funding being
provided.
There was discussion regarding the ratio to be applied to park
retrofitting with Mr. Wolter recalling a 1:1 ratio being
assigned. Ms. Skousen commented the minutes record Mr. Wolter
pointing out after reserving 20 weu for future parks, 22 weu will
be available for allocation; only 13.26 of those were earmarked
for the Waterman project.
MOTION: Councilmember Mullen moved staff be directed to prepare
an amendment to Table A adding the category of elderly/
handicapped one -bedroom apartments under 600 square
feet require .45 weu per unit. The motion was seconded
by Mayor Sheetz and unanimously carried. (5-0)
• MOTION: Councilmember Mullen moved Council allocate 17.62 weu
from the park retrofit program to People' Self -Help
Housing project. The motion was seconded by Mayor
Sheetz and unanimously carried. (5-0)
Council emphasized the allocation is assurance the equivalencies
are available and assigned to PSHH.
MOTION: Mayor Sheetz moved Council's action of October 1989 to
award 13.26 weu to the Marina Square project be upheld.
The motion was seconded by Councilmember Wuriu.
Mayor Sheetz indicated she also voted against allocating the
equivalencies to this in January 1991 because of the severe
drought Morro Bay was experiencing. At this point, she believes
it is important to move forward with some building in order to
help the City economically.
Councilmember Mullen stated Council comments indicate the City
should only enforce its ordinances during emergencies. She
remembers reading Mr. Trapp was angry at the price for the water
equivalencies and stormed out of the meeting. Although there is
nothing in writing, a lot of time passed before he rushed in to
pay for this water equivalencies before Measure I went into
effect. She believes the City is violating Measure I and will
• not support the motion.
Councilmember Luna asked for clarification regarding the 13.26
allocation. Mayor Sheetz stated when Council originally consid-
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 24, 1992
PAGE 14
• ered the item, 13.26 would serve a 200 seat restaurant. She
noted Mr. Wolter indicated at that time we were talking about a
1:1 ratio because park retrofits have a different usage than
house retrofits.
Councilmember Luna stated the City too often goes overboard in
bending some of the rules; it seems the City does not apply the
policies consistently.
The motion carried with Councilmembers Luna and Mullen
voting no. (3-2)
Ms. Skousen announced Mr. Henderson left the meeting due to a
family emergency, and has requested she assist Council with the
remainder of the meeting.
Steve Wolter stated another issue to be considered is the amount
of the water equivalency fee for the park retrofit program. The
original price quoted was $3,575 and that is much different than
actual costs to complete the retrofit.
Mayor Sheetz requested the item be agendized with a staff report
containing actual costs of park retrofit today.
• D-4 REQUEST BY ROSS DOVER P T FOR RE-EXAMINATION OF WATER AND
SEWER ASSESSMENT FEES UNDER THE WATER FIXTURES RETROFIT
PROGRAM
Mr. Funk reviewed Mr. Ross Dover's request for waiver of the
water/sewer availability fee of $1,581.25. Mr. Dover recently
relocated his medical office to a building which is .25 weu short
of what is required for his use; this resulted in the accompany-
ing water/sewer availability fee. Mr. Funk reviewed the history
of the water/sewer fee and increases over the years. He sug-
gested Council consider a policy to waive the water/sewer avail-
ability charges for .25 weu or less when there is already a sewer
and water connection on -site. After the first .25 weu, fees
could be charged proportionately based on the amount of water
needed, i.e., 50% of the fees for .5 weu.
Mayor Sheetz asked if the building Mr. Dover is moving from is a
new building? Mr. Funk stated the facility he was in had enough
weu for a medical office, however, you cannot take those weu with
you to another location; they stay with the property. Mr. Dover
was unable to find a location with sufficient water equivalency
units.
Mayor Sheetz asked why an individual has to pay again if the
water and sewer is already hooked up? Mr. Funk stated the fees
are based on impacts to the water and sewer system by new devel-
• opment. If a restaurant is located on a site which previously
had a low water use, the impact for additional weu could be
great. He noted water is . allocated according to use and stays
with the location.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 24, 1992
PAGE 15
•
Councilmember Mullen was in favor of also reviewing the $200
retrofit fee for possible reduction.
Councilmember Luna asked if water and sewer availability fees are
charged when a small house is demolished and a two-story home
built it its place? Mr. Funk stated Council considered the
charge at one time, and decided one unit is one unit whether it
is large or small; no additional weu are required.
Mayor Sheetz opened the hearing to the public for comments.
Mr. Dover explained he did not know the fee was going to be
assessed until late in the remodeling process.
Councilmember Baker stated a review of this situation should also
be looked at with the agenda item he requested on fees.
MOTION: Councilmember Baker moved Mr. Dover's fee for water/
sewer availability be waived; and, staff return with an
amendment to waive the water and sewer availability
charges for .25 weu or less in cases where there is
already a sewer and water connection to an existing
building on use on the property. The motion was sec-
onded by Councilmember Wuriu.
Councilmember Luna asked if the City's liability is increased due
to people who have paid the higher fees in the past? Ms. Skousen
stated no; the fees are set by Resolution and are not retroactive
when they are increased.
Councilmember Mullen requested the amendment contain sufficient
findings to protect the City. She was concerned .25 weu could be
requested again and again for the same site; over a period of
time the impact to the City system would be great.
The motion was unanimously carried. (5-0)
MOTION: Councilmember Mullen moved staff return with a report
on the possibility of eliminating the $200 retrofit fee
when the weu required is .25 or less. The motion was
seconded by Councilmember Wuriu and unanimously
carried. (5-0)
D-5 REQUEST FOR AGENDA TIME BY CRAIG BELL TO RE -DISCUSS THE
NUMBER OF WATER EQUIVALENCIES ENCIES ALLOCATED TO HIS PROPERTY AT
2170 NO MAIN STREET
Craig Bell noted his property has been assigned .09 weu and he
has been informed by the Community Development Department all
• water used when a fish processing plant was operating out of the
site was illegal. Because of this determination, he has had
great difficulty in renting, leasing, or selling the property.
Since he last appeared before Council, he has discovered some
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 24, 1992
PAGE 16
• water on the Conditional Use Permit granted in 1979 was for cold
storage; that amount of water should be declared legal.
Mr. Bell said Don Funk advised if he could substantiate water use
for cold storage, he would consider it. He was unable, however,
to obtain those figures. He requested Council allow his site an
additional 0.25 weu. He knows he can retrofit to obtain the
additional water; however, believes some of the previous water
use on the site is legal.
Mr. Funk stated the first use in the building was a roofing com-
pany which required a fairly low amount of water. He reviewed
the subsequent history of the fish processing plant which also
included ice making, both illegal uses. Staff has no way of
determining the small amount of water that may have been used for
cold storage. He noted .09 is the normal weu allocated to a
light industrial use.
Councilmember Mullen commented .09 is a small amount for a 1,000
sq.ft. building; many uses in the Water Equivalency Table are
allowed .15 weu. She suggested allowing buildings constructed
prior to 1977 an automatic across-the-board .15 weu per 1,000
sq.ft.
Councilmember Baker stated this is similar to what he was going
isto propose; he suggested he and Councilmember Mullen work with
Mr. Funk on the details and return with an amendment to the
Table.
Mayor Sheetz opened the hearing the public for comments.
Duane Midstokke, 1380 Clarabelle, stated the current rules and
regulations were considered, discussed and approved by staff and
Council and now they are nit-picking them to pieces. He said Mr.
Bell's building was originally built by a roofing contractor for
a storage building; now he wants to change the use when he does
not have the parking or water to go with it. Why change the
rules all the time? Council should abide by its rules.
Ms. Skousen suggested the consideration of a .15 weu allocation
to buildings constructed prior to 1977 be consolidated with the
other direction made this evening on the same subject, and
brought back to Council in one package. Council concurred.
E. CLOSED SESSION
Mayor Sheetz announced City Council, in Closed Session this
evening, agreed to extend the deadline date for the Williams
Brothers settlement to June of 1993 and to make the agreement
voidable, rather than null and void, if the deadline is missed.
0
n
LJ
•
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 24, 1992
PAGE 17
F. ADJOURNMENT
MOTION: Councilmember Baker moved the meeting be adjourned.
The motion was seconded by Councilmember Wuriu and
unanimously carried. (5-0)
The meeting adjourned at 9:40 p.m.
Recorded by:
ARDITH DAVIS
City Clerk
��I9 &,U,/ - e-sI)
• 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 Wednesday, 19 August 1992 at 6:00 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
§54956.9(a), pending litigation, as follows:
Commission, Case Nos. 120512 and 121637; Santa Cruz
Superior Court
• Cayucos Sanitary District v. City of Morro Bay,
Case Nos. 70420 and 17224; San Luis Obispo Superior
Court
Court
•
, Case No. 71030; San Luis Obispo Superior
DATED: August 18, 1992
SE MARIE SHEET , Mayor
City of Morro Bay, California
•
•
•
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION - AUGUST'19, 1992
CITY HALL CONFERENCE ROOM - 6:00 P.M.
Mayor Sheetz called the meeting to order at 6:04 p.m.
PRESENT: Rose Marie Sheetz
Mayor
John Baker
Councilmember
Ben Luna
Councilmember
Susan Mullen
Councilmember
Tom Wuriu
Councilmember
ABSENT: None
STAFF: Forrest Henderson
Judy Skousen
Louise Burt
Bill Boucher
David Hunt
E. CLOSED SESSION
Asst. City Admin.
City Attorney
Finance Director
Acting PW Dir.
Special Counsel
E-1 GOVERNMENT CODE 654956 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 17224• SAN LUIS OBISPO SUPERIOR COURT
CAYUCOS SANITARY DISTRICT V. CALIFORNIA COASTAL COMMISSION
CASE NO 71030• SAN LUIS OBISPO SUPERIOR COURT
MOTION: Councilmember Luna 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 6:04 p.m. and returned
to regular session at 6:55 p.m.
F. ADJOURNMENT
MOTION: Councilmember Baker moved the meeting be adjourned.
The motion was seconded by Councilmember Mullen and
unanimously carried. (5-0)
The meeting adjourned at 6:55 p.m.
Recorded by:
C�
FORREST HENDERSON
Asst. City Administrator
6
6
6
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.
CLOSED SESSION - AUGUST 10, 1992
CITY HALL CONFERENCE ROOM - 5:15 P.M.
595 HARBOR ST., MORRO BAY, CA
E-1 GOVERNMENT CODE §54957, PERSONNEL MATTERS
REGULAR MEETING - AUGUST 10, 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
dection 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.
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 JULY 27, 1992, AND THE
CLOSED SESSION MEETING OF AUGUST 3, 1992
A-2 NOTICE OF COMPLETION FOR PROJECT PW 91-05, STORM DRAIN IMPROVEMENTS
A-3 APPROVAL OF REVISED JOINT POWERS AGREEMENT FOR INTER -AGENCY AIR FILL
STATION AT MORRO BAY FIRE DEPARTMENT
A-4 STATUS REPORT AND SCOPE OF WORKSHOP ON WASTEWATER EFFLUENT RECLAMATION
A-5 WATER SUPPLY STATUS REPORT
A-6 RESOLUTION NO. 103-92 APPROVING ANIMAL CONTROL SERVICES CONTRACT WITH
COUNTY OF SAN LUIS OBISPO
0-7 PROCLAMATION DECLARING AUGUST 22ND AS "HOMELESS ANIMALS DAY"
1
•-8 RESOLUTION NO. 101 TO SUMMARILY ABANDON A PORTION OF PUBLIC RIGHT-OF-
WAY ON VISTA STREET AND ON SHASTA AVENUE
A-9 RESOLUTION NO. 102-92 APPROVING NEW 200 SCALE ZONING MAPS OF THE CITY
TO REPLACE EXISTING 800 SCALE MAPS
B. UNFINISHED BUSINESS
NONE
C. NEW BUSINESS
C-1 MAYOR REQUEST FOR CONSIDERATION OF AN ADULT ENTERTAINMENT ORDINANCE
C-2 COUNCILMEMBERS REQUEST FOR REVIEW OF CITY BUILDING PERMIT PROCESS AND
CONCEPT OF SUSTAINABLE PLANNING MODEL
C-3 REVIW OF INVENTORY OF ILLEGAL SIGNS IN CITY (PULLED)
D. PUBLIC HEARINGS. REPORTS & APPEARANCES
D-1 RESOLUTION NO. 99-92 ESTABLISHING REVISED TIERS OF RESIDENTIAL COLLEC-
TION SERVICES ($1/ORANGE BAG OPTION), AND SETTING NEW RESIDENTIAL AND
COMMERCIAL REFUSE COLLECTION RATES EFFECTIVE SEPTEMBER 1992
2 RESOLUTION NO. 100-92 AUTHORIZING FILING OF APPLICATION FOR PROPOSI-
TION 116 GRANT MONIES, BICYCLE PATH FROM ATASCADERO ROAD TO MAIN
STREET THROUGH P.G.&E. PROPERTY
G1�:L�lri�11•�_�1�I_�L:49
•
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
1 .
• MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION - AUGUST 10, 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: Forrest Henderson Asst. City Admin.
Judy Skousen City Attorney
E. CLOSED SESSION
MOTION: Mayor Sheetz moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember
Wuriu and unanimously carried. (5-0)
• Mayor Sheetz announced Council is adjourning to Closed Session to
consider personnel matters in accordance with Government Code
§54957.
The meeting adjourned to Closed Session at 5:15 p.m. and returned
to regular session at 5:45 p.m.
F. ADJOURNMENT
MOTION: Mayor Sheetz moved the meeting be adjourned. The
motion was seconded by Councilmember Baker and unani-
mously carried. (5-0)
The meeting adjourned at 5:45 p.m.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 10, 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
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 10, 1992
PAGE 2
• ABSENT: None
STAFF: Gary Napper
Judy Skousen
Rick Algert
Bill Boucher
Louise Burt
Ardith Davis
Don Funk
Forrest Henderson
Dave Howell
Jeff Jones
City Administrator
City Attorney
Harbor Director
Acting PW Dir.
Finance Director
City Clerk
Comm. Dev. Dir.
Asst. City Admin.
Police Chief
Fire Chief
Reverend Ron Rassmussen, Seventh Day Adventist Church, gave the
invocation, and Horace Strong led the Pledge of Allegiance.
Mayor Sheetz stated it is her privilege to introduce the Mayor of
Fresno, Karen Humphrey, who is in attendance at this evening's
Council meeting. Mayor Sheetz stated she has known Mayor
Humphrey for a number of years and served with her on the League
of California Cities Board of Directors; she welcomed Mayor
Humphrey to Morro Bay.
7*{�ili7�v1�I`�115
• 1. John Kleinhammer stated the parking situation at Tide-
lands Park is a disaster due to the construction of the Park. He
said State guidelines call for 150 parking spaces per launching
lane. The City has three launching lanes with only 43 parking
spaces which is 407 short of the general guidelines. He offered
several options to mitigate the problem: stop work on the park
and revise the plan; install a temporary ramp and parking near
Target Rock; and/or a shuttle service. He also suggested the
Police back -off ticketing and delivering warnings.
Mayor Sheetz suggested she meet with representatives from the
fishermen, the Harbor Director, and the Police Chief to see if
something can be worked out. Mr. Kleinhammer said they would be
glad to.
2. Mary Phillips stated she does not like the way she is
treated at Solid Waste Management Board meetings with' regard to
being allowed to speak. She complained all the self-addressed,
stamped envelopes she provides the City for notifying her of SWMB
meetings are used up in cancellation notices; she said she should
not have to pay for those.
3. Anne Freeman, 785 Cabrillo, addressed her comments to
Mayor Sheetz and stated the Voters Initiative Committee is
informed the Mayor contacted Peter Douglas of the Coastal Commis -
is sion asking him to re -schedule certification of Measure H on the
Coastal Commission August 13th agenda. Ms. Freeman stated the
Mayor informed Mr. Douglas the lawsuit has been thrown out when,
in fact, there is a court hearing scheduled for September llth.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 10, 1992
PAGE 3
Mayor Sheetz stated she did not contact Mr. Douglas; he contacted
her. She asked the City Attorney to review the status of the
lawsuit. Ms. Skousen stated at the hearing where VIC requested
an ex parte court date be set, the court refused set any date,
declined to issue any order whatsoever, and advised the attorney
for VIC to attempt to obtain a court date through the proper pro-
cedures; attempting to get a date through ex parte procedures was
not appropriate since there was no emergency for court interven-
tion. Ms. Skousen stated as of this date, her office has
received no papers notifying the City of any court date.
Ms. Freeman stated it is disturbing for the Mayor to tell the
Coastal Commission there is no hearing when that is not quite
true. Ms. Skousen said VIC's attorney, Mr. Kramer, told the
court he needed an early court date due the matter being heard
before the Coastal Commission on August 13th; the court refused
to set any date for a hearing, thus the court did not believe it
was important to prevent the Coastal Commission hearing.
2. Peter Diffley, 188 Bayshore Drive, stated he is the
legislative chairman of VIC and knows what has been going on. He
said Ms. Skousen must know the Judge does not set the date at a
hearing because he does not have the calendar to do it; he cannot
• understand how the City Attorney's office did not know about it.
DECLARATION OF FUTURE AGENDA ITEMS
1.. Councilmember Baker requested an agenda item be sched-
uled to consider waiving or modifying the water and sewer hook-up
fees when less than one water equivalency is required when a
business transfers from one place to another. The costs are too
high for the small amount of water needed, and it inevitably
evens itself out when a new occupant in a building uses less than
the previous occupant.
2. Councilmember Mullen requested the Mayor's meeting with
the fishermen be expanded and a report return to Council as soon
as possible on the alternatives brought up by Mr. Kleinhammer.
3. Councilmember Mullen expressed her concerns with regard
to the Mayor advising the Executive Director of the Coastal Com-
mission the VIC case against the City has been thrown out of
court, when in fact another hearing is scheduled for September
llth. She maintained Measure H is clear in allowing 13 gross
acres of development; the majority of the Council has allowed an
additional 9' acres of Visitor Serving. She believes the Coun-
cil's decision will be reversed by the court, and requested Mayor
Sheetz call the Executive Director back and correct the state-
ments she has made. The item should be pulled from the Coastal
• Commission agenda until after the hearing.
4. Councilmember Luna asked if his request for a status
report on the child . care study will be placed on the agenda in
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 10, 1992
• PAGE 4
the near future? Mr. Napper stated yes, on the August 24th
agenda. Mr. Wolter is on vacation this week and he will be
preparing the report on this matter.
5. Councilmember Luna stated it is appropriate for the
City Council to request the Coastal Commission withdraw the
Williams Brothers item from their Agenda of August 13th. Mayor
Sheetz stated Council cannot consider that action as it is not an
agendized item at this meeting.
A. CONSENT CALENDAR
A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JULY 27
1992 AND THE CLOSED SESSION OF AUGUST 3 1992
Mr. Napper recommended Council approve the minutes as submitted.
A-2 NOTICE OF COMPLETION FOR PROJECT PW 91-05 STORM DRAIN
Mr. Napper recommended Council accept the project as complete,
and authorize the City Clerk to sign and file the Notice of
Completion.
• A-3 APPROVAL OF REVISED JOINT POWERS AGREEMENT FOR INTER -AGENCY
AIR FILL STATION AT MORRO BAY FIRE DEPARTMENT
Mr. Napper recommended Council approve the Agreement, and autho-
rize the Mayor to sign the document.
Mr. Napper recommended Council receive the report for file, and
instruct staff on the preferred timing of the workshop.
A-5 WATER SUPPLY STATUS REPORT
Mr. Napper recommended Council accept the report for file.
A-6 RESOLUTION NO 103-92 APPROVING ANIMAL CONTROL SERVICES CON-
TRACT WITH COUNTY OF SAN LUIS OBISPO
Mr. Napper recommended Council adopt Resolution No. 103-92.
A-7 PROCLAMATION DECLARING AUGUST 22ND AS "HOMELESS ANIMALS DAY"
Mr. Napper recommended Council authorize the Mayor to sign the
Proclamation.
• A-g RESOLUTION NO 101 TO SUMMARILY ABANDON A PORTION OF PUBLIC
RIGHT-OF-WAY ON VISTA_ -STREET AND ON SHASTA AVENUE
Mr. Napper recommended Council adopt Resolution No. 101-92.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 10, 1992
• PAGE 5
A-9 RESOLUTION NO 102-92 APPROVING NEW 200 SCALE ZONING MAPS OF
THE CITY TO REPLACE EXISTING 800 SCALE MAPS
Mr. Napper recommended Council adopt Resolution No. 102-92.
A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JULY 27
1992, AND THE CLOSED SESSION OF AUGUST 3. 1992
Councilmember Mullen requested page 12, paragraph 6, regarding
the Lemoore pipeline include a notation the pipeline is 611.
A-6 RESOLUTION NO 103-92 APPROVING ANIMAL CONTROL SERVICES CON-
TRACT WITH COUNTY OF SAN LUIS OBISPO
Councilmember Wuriu asked what animal regulation services will
the Police Department be handling under this new Agreement? Mr.
Napper stated investigations into nuisance complaints; preparing
for prosecution of vicious dogs. He stated the Police Department
is handling a number of cases already, and noted the Agreement
can return for amendment to add services at any time.
A-8 RESOLUTION NO 101 TO SUMMARILY ABANDON A PORTION OF PUBLIC
RIGHT-OF-WAY ON VISTA STREET AND ON SHASTA AVENUE
• Councilmember Luna asked if the City is setting a precedent in
this matter and may receive similar requests from other property
owners? Ms. Skousen stated it is possible, however, the City is
not losing property; it will still have an easement and use of
the property. She does not believe there will be many requests
for this type of abandonment.
Councilmember Luna asked if there have been other requests for
abandonments of this nature? Mr. Napper stated he just received
one from a property owner on Marengo Drive, but there seems to be
enough property to accommodate the request.
MOTION: Councilmember Baker moved for the approval of the Con-
sent Calendar with the amendment to the minutes. The
motion was seconded by Councilmember Luna and unani-
mously carried. (5-0)
Mr. Napper asked Council if they had a preference on the meeting
date for the wastewater reclamation workshop? He suggested
September after the new Public Works Director/City Engineer is on
staff. Councilmembers agreed to hold the meeting in September.
B. UNFINISHED BUSINESS
NONE
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 10, 1992
• PAGE 6
C. NEW BUSINESS
C-1 MAYOR REQUEST FOR CONSIDERATION OF AN ADULT ENTERTAINMENT
ORDINANCE
Mr. Napper stated this item is scheduled at the Mayor's request.
He noted samples of various adult entertainment ordinances have
been included in the packet for Council consideration.
Mayor Sheetz clarified she did not request this item be agendized
after a "Ladies Night" held in Morro Bay, but a second event
which was advertised and about which she received numerous com-
plaints. She requested the item be agendized because of the com-
munity's concerns. Mayor Sheetz was not advocating prohibiting
such entertainment, but perhaps setting some guidelines or
licensing procedures.
Chief Howell reviewed the Police Department's investigation of
this matter noting there is very little the City can do about the
events unless there is prior criminal history of the people
involved. The best that could be accomplished is a delay in time
through a licensing process.
Councilmember Mullen stated she does not see this item as a high
• priority for the City; we have enough regulations.
Council discussed licensing possibilities. Councilmember Luna
stated one of the primary problems with the latest event was the
advertising; perhaps the City could regulate advertising. Ms.
Skousen said the City has no authority to regulate advertising.
No action was taken on this matter.
C-2 COUNCILMEMBERS REQUEST FOR REVIEW OF CITY BUILDING PERMIT
PROCESS AND CONCEPT OF SUSTAINABLE PLANNING MODEL
Councilmember Wuriu stated he requested this item be agendized to
explore possibilities of streamlining the building permit pro-
cess. He noted part of the problem is the City's cumbersome
retrofit program and the fact the City is in the coastal zone and
must process permits through the Coastal Commission. He stated
he does not agree with the Planning Department the only way to
mitigate the problem is by solving the water problem; he believes
the complex regulations can still be addressed. He would like to
see specifics returned to Council giving the Planning Department
more authority in approving permits without having to go through
the Planning Commission each time.
Councilmember Mullen suggested in a standard application, public
notification still be implemented, but the final decision rest
• with the Planning Director. She requested the information she
provided to the Planning Department regarding a sustainable plan-
ning model be scheduled before the Planning Commission. She also
displayed a zoning ordinance from another agency that was totally
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 10, 1992
• PAGE 7
contained on one large, map sized paper, and asked the Planning
Department to review for possible adaptation to Morro Bay's zon-
ing ordinance. Councilmember Mullen stated she agreed with Coun-
cilmember Baker's suggestion regarding businesses with a require-
ment for less than one water equivalency; she said City require-
ments are killing new businesses.
Mayor Sheetz commented the State of California is losing business
every day due to over -regulation of businesses.
Don Funk agreed with the comments and stated while the City can-
not avoid complying with the Coastal Act and other regulations,
it may be able to re -arrange them into a less cumbersome process.
He noted the Planning Commission has .taken a number of steps to
eliminate red -tape involved in the permit process; those recom-
mendations will come to Council at a later date. Mr. Napper
stated while staff is in favor of looking at ways to streamline
the process, we also need to make sure we co not sacrifice the
quality of neighborhoods.
Councilmember Wuriu stated in studying the regulations, it
appears most of them are geared to "worst case scenarios". Per-
haps the focus should be changed in an effort to shorten some of
the requirements. Councilmember Mullen agreed and stated if the
• City is not having problems with an issue regulated by ordinance,
Council should consider eliminating the ordinance.
Councilmember Luna asked how the informal hearing with staff for
developments prior to a public hearing makes the process more
efficient? Mr. Funk stated it allows the applicants an informal
process to hear the staff analysis of their project and respond
before it gets to the public hearing level.
Councilmember Luna stated although he agreed with the concepts
discussed, he urged caution and research before proceeding. He
also stated he would like to physically look at some of the com-
munities that have adopted the procedures to see what affect it
has on them. He suggested the City approach deregulation of the
permit process in small steps.
Mayor Sheetz agreed the City should move cautiously, but was in
favor of streamlining where possible. Mr. Funk stated it is
important to maintain the protection other citizens believe they
have in the review process.
Councilmember Mullen suggested the City consider adding a public
hearing process for large developments before the developers
spend a lot of money designing a project. She said some projects
have been reviewed at a staff level with the developer, and when
it gets to the public hearing stage, the public has problems with
• the development. Early public input may save developers money in
the long run.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 10, 1992
• PAGE B
Councilmember Wuriu was concerned staff and the Planning commis-
sion proceed on this in a timely manner. He asked what a realis-
tic timeframe is? Mr. Funk stated the Planning Commission is
presently going through each zoning district; when they are
through, the recommendations will be forwarded to Council.
Councilmember Mullen suggested Mr. Funk obtain an estimated time -
frame from the Planning Commission and report back to the Council
on the Consent Calendar.
MOTION: Councilmember Mullen moved Council comments be for-
warded to the Planning Commission for inclusion in
their considerations of streamlining the permit pro-
cess. The motion was seconded by Councilmember Wuriu
and unanimously carried. (5-0)
C-3 REVIEW OF INVENTORY OF ILLEGAL SIGNS IN CITY (PULLED)
D-1 RESOLUTION NO 99-92 ESTABLISHING REVISED TIERS OF RESIDEN-
TIAL COLLECTION SERVICES ($ /ORANGE BAG OPTION) AND SETTING
NEW RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION RATES
EFFECTIVE SEPTEMBER 1992
• Mr. Upton stated the proposed resolution reflects action taken by
Council at their June 22nd meeting. These changes include an
$1/orange bag with $1/month service charge; increasing rates by
16.5%; and, reducing standard service from up to 6 cans per week
to up to 4 cans per week. He stated the Solid Waste Management
Board met on August 7th and recommends approval of the rate
increase.
Councilmember Luna asked if the orange garbage bags can be placed
in garbage cans at the curb?
Tom Martin, Morro Bay Garbage Service, stated no. He said he has
had a problem with this in San Luis Obispo; people use the orange
bag as a liner for the can and stuff it so full it cannot be tied
and the servicemen are unable to pull it out of the can. The
purpose of the inexpensive orange bag program is so his service-
men can just pick up the bag and throw it in the truck. If peo-
ple want to use a can, they need to subscribe to the one -can
service.
Councilmember Wuriu asked if there are problems with dogs getting
into the orange bags? Mr. Martin stated he has had one or two
complaints. If people have their garbage out by 7AM, and it is
picked up shortly thereafter, there usually are no problems.
• Councilmember Wuriu mentioned a story in the North County Tele-
gram Tribune which discussed customers not having to pay for ser-
vice if they do not use it. He asked if it could apply in Morro
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 10, 1992
• PAGE 9
Bay? Mr. Martin said a policy of that nature would require those
people with service to pay higher rates.
Councilmember Mullen asked if it made a difference to the Garbage
Service if the City established a 4-can or 6-can service? Mr.
Martin stated it costs the same either way.
Mayor Sheetz opened the hearing to the public.
Mary Phillips, Ironwood Avenue, said she has it on tape where Tom
Martin stated people in San Luis Obispo do put their orange bags
into a can. She said it is confusing the issue to tell people
they cannot use their cans. She objected to being told the rest
of the customers will be subsidizing the orange bag customers;
the people using the orange bags will be recycling.
Bruce Risley, Piney Way, asked what is the volume of the orange
bag? Mr. Martin stated 33 gallons.
Mayor Sheetz closed the hearing to the public.
Councilmember Baker stated some people are concerned the bags
will break when they drag them from their back yards to the curb.
Mr. Martin stated they can put them in a cardboard box if they
• wish. Mr. Cattaneo, owner of Morro Bay Garbage Service, stated
the company is more than willing to work with the elderly who
cannot carry their refuse to the curb.
MOTION: Councilmember Mullen moved Resolution No. 99-92 be
amended to set standard service as up to 6 cans. The
motion was seconded by Councilmember Wuriu.
Councilmember Luna commented the purpose of lowering standard
service to 4-cans was to force people to recycle. Councilmember
Mullen stated she received calls from people preferring the 6-can
service for yard trimmings. She is willing to accommodate these
people because the City does not have a composting program.
Councilmember Luna stated people having over 4 cans of refuse can
use orange bags.
The motion carried with Councilmember Luna voting no.
(4-1)
Mr. Boucher stated at their July 27th meeting, Council directed
the project to install a bicycle path from Atascadero Road to
Main Street be resubmitted for Proposition 116 grant funds.
• Although the City was unsuccessful when applying for funding in
1991, it appears our chances may be better at this point.
•
•
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - AUGUST 10, 1992
PAGE 10
Mayor Sheetz opened the hearing to the public for comments; there
were no comments and the matter was returned to Council.
MOTION: Councilmember Mullen moved for the adoption of Resolu-
tion No. 100-92. The motion was seconded by Coun-
cilmember Luna and unanimously carried. (5-0)
E. CLOSED SESSION
Mayor Sheetz announced Council, in Closed Session, appointed
Forrest Henderson to the position of City Administrator at Step I
of the City Administrator's salary range.
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 7:27 p.m.
Recorded by:
12
ARDITH DAVIS
City Clerk
•
0
av,6 . gi Igg12 - ezr2ze-1 &-ten.
• NC)T = C E O F SPECIAL MEET = NG
•
CI
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, 03 August 1992 at 5:15 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
§54957, personnel.
DATED: July 31, 1992
)6/0;�W-
2*f
OSE
MARIE S
EETZ,
M&yor
City
of Morro
Bay,
California
• MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION - AUGUST 3, 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
Susan Mullen Councilmember
Tom Wuriu Councilmember
ABSENT: Ben Luna Councilmember
STAFF: Gary Napper City Administrator
Steve Barker Acting City Attorney
E. CLOSED SESSION
MOTION: Councilmember Wuriu moved the meeting adjourn to Closed
Session. The motion was seconded by Councilmember
Mullen and unanimously carried. (4-0)
Mayor Sheetz stated Council is adjourning to Closed Session for
discussion of personnel in accordance with Government Code
• §54957.
The meeting adjourned to Closed Session.at 5:15 p.m. and returned
to regular session at 6:00 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 6:00 p.m.
Recorded by:
GARY NAPPEFr%
Deputy City C
•
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 - JULY 27, 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; SAN LUIS OBISPO SUPERIOR COURT
♦ CAYUCOS SANITARY DISTRICT V. CALIFORNIA COASTAL COMMISSION, CASE
NO. 71030; SAN LUIS OBISPO SUPERIOR COURT
REGULAR MEETING - JULY 27, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
6bLL 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 JULY 13, 1992
A-2 REJECTION OF ALL BIDS ON PROJECT NO. PW 92-02, ANNUAL STREET RE -
STRIPING
A-3 APPROVAL OF FY 1992-93 COMMUNITY PROMOTIONS MARKETING PLAN
A-4 RESOLUTION NO. 94-92 AUTHORIZING INSTALLATION OF A STOP SIGN ON
t0 MONTEREY AVENUE AT THE NORTHERLY INTERSECTION OF BEACH STREET
A-5 STATUS REPORT ON CITY'S WATER SUPPLY
1
4-6 RESOLUTION NO. 92-92 AWARDING CONTRACT ON PROJECT NO. PW 92-01,
DISCHARGE LINE FROM EMERGENCY DESALINATION PLANT, TO R. BAKER, INC.
A-7 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (PACIFIC CREST
INVESTMENTS) (PULLED)
A-8 RESOLUTION NO. 88-92 AUTHORIZING CITY ENROLLMENT IN PUBLIC EMPLOYEES
RETIREMENT SYSTEM (PERS) HEALTH INSURANCE PLANS
A-9 RECEIPT OF DRAFT TREE ORDINANCE AND SUBMISSION OF PROPOSAL TO
RECREATION AND PARKS COMMISSION AND PLANNING COMMISSION
A-10 RESOLUTION NO. 96-92 APPROVING 1992 CITY WEED ABATEMENT PROGRAM
SPECIAL ASSESSMENT CHARGES
A-11 RESOLUTION APPROVING ONE YEAR MEMORANDUMS OF UNDERSTANDING RELATING TO
CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT WITH MORRO BAY
PEACE OFFICERS ASSOCIATION (RESOLUTION NO. 82-92); CONFIDENTIAL
EMPLOYEES (RESOLUTION NO. 83-92; SERVICE EMPLOYEES INTERNATIONAL UNION
(SEIU) LOCAL NO. 817 AND MISCELLANEOUS EMPLOYEES (RESOLUTION NO. 87-
92); AND, EXECUTIVE EMPLOYEES (RESOLUTION NO. 90-92)
A-12 RESOLUTION NO. 95-92 SUPPORTING DISCOUNT SALE OF UNDERSIZED FRUIT TO
LOW-INCOME CONSUMERS AND REPEAL OF FEDERAL AGRICULTURE REGULATIONS
RESULTING IN DESTRUCTION OF SMALLER PRODUCE
13 CITY ATTORNEY LEGAL OPINION REGARDING CONSTRUCTION OF THE ALTA MORRO
CONDOMINIUM PROJECT AND MEASURE I
A-14 EXPENDITURE REPORT - JUNE 1992
A-15 STATEMENT OF INVESTMENTS - JUNE 1992
A-16 RESOLUTION NO. 68-92 APPROVING AMENDMENTS TO CONCEPT PLAN FOR SHOPPING
CENTER (TRI W/WILLIAMS BROTHERS MORRO BAY CREEKSIDE CENTER) AND
APPROVING FINAL ENVIRONMENTAL IMPACT ADDENDUM (CASE NO. CUP 03-88/
MAJOR AMENDMENT OF CONCEPT PLAN)
B. UNFINISHED BUSINESS
NONE
C. NEW BUSINESS
C-1 COUNCILMEMBER REQUEST FOR POLICY CONCERNING DISPOSITION OF CORRESPON-
DENCE AND DOCUMENTS RECEIVED AT CITY COUNCIL MEETINGS
C-2 COUNCILMEMBER REQUEST FOR POLICY REGARDING DISTRIBUTION OF ELECTED
OFFICIAL MAIL AND INITIATED CORRESPONDENCE
0
2
•. PUBLIC HEARINGS REPORTS & APPEARANCES
D-1 RESOLUTION NO. 97-92 AUTHORIZING ACCEPTANCE OF CALIFORNIA COASTAL
CONSERVANCY GRANT FOR CONSTRUCTION OF FISHERMEN'S GEAR STORAGE YARD
FACILITY AND HARBOR YARD ON P.G.&E. RENTED PROPERTY
D-2 RESOLUTION NO. 93-92 AUTHORIZING FILING OF JOINT APPLICATION WITH
COUNTY OF SAN LUIS OBISPO FOR PROPOSITION 116 GRANT MONIES, INSTALLA-
TION OF BICYCLE LANES ON SOUTH BAY BOULEVARD
D-3 CONSIDERATION OF PROPOSED CONJUNCTIVE USE OF WHALE ROCK RESERVOIR
PIPELINE FOR TRANSMISSION OF STATE WATER TO MORRO BAY
F. ADJOURNMENT
•
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION
RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS
AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND
AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT
COST.
3
• MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION - JULY 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
MOTION: Councilmember Wuriu moved the meeting be adjourned to
Closed Session. The motion was seconded by
Councilmember 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 5:55 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 5:55 p.m.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JULY 27, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Sheetz called the meeting to order at 6:00 p.m.
f 7�7ifi�lfii
PRESENT: Rose Marie Sheetz Mayor
John Baker Councilmember
• Ben Luna Councilmember
Susan Mullen Councilmember
Tom Wuriu Councilmember
MINUTES - MORRO
REGULAR MEETING
PAGE 2
ABSENT:
BAY CITY COUNCIL
- JULY 27, 1992
None
STAFF: Gary Mapper
Judy Skousen
Rick Algert
Bill Boucher
Ardith Davis
Forrest Henderson
Joe Loven
Horace Strong gave the invocation,
Allegiance.
City Administrator
City Attorney
Harbor Director
Acting PW Dir.
City Clerk
Asst. City Admin.
Acting Police Chief
and led the Pledge of
Mayor Sheetz asked the City Attorney to review action taken by
Council in Closed Session. Ms. Skousen stated Council approved
Addendum No. 2 to the Settlement Agreement between the City of
Morro Bay and Williams Brothers. The Addendum specifies Williams
Brothers agrees not to submit applications for permits for devel-
opment of Area D for at least two years; the City agrees to pro-
cess and take final action on a development agreement within nine
months following complete submittal of the agreement by Williams
Brothers; and, the City agrees to process and take final action
on a vesting tentative parcel map within three months after sub-
mittal by Williams Brothers and completeness determination by
City.
PUBLIC COMMENT
1. Nelson Sullivan stated the City Attorney's legal opin-
ion on Item A-13 regarding Measure I as it relates to the Alta
Morro development is completely inadequate and superficial. He
stated the fact there is water on -site has nothing to do with
Measure I; changing the use on this site from motel to condomini-
ums is a violation of Measure I.
2. Charles Palmer, 485 Estero Ave., asked if the remaining
property discussed in the Williams Brothers Settlement Agreement
Addendum is within the City limits? Mayor Sheetz stated yes.
1. Councilmember Luna requested an agenda item be sched-
uled to receive a report from staff on the status of the child-
care study completed over a year ago, and what has been imple-
mented since that time.
2. Councilmember Luna asked if it is appropriate for indi-
vidual Councilmembers to take a position for the City without
formal action by the entire City Council? He noted the letter
sent to the Coastal Commission by the Mayor requesting placement
of the Williams Brothers matter on their August agenda, and
stated this was not action taken by the Council.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JULY 27, 1992
PAGE 3
• Ms. Skousen stated normally it takes formal action by the City
Council to establish policy. However, the Mayor, City
Administrator, and Department Heads are often called upon to
explain City policy or positions so not everything comes before
Council. The basic position is set by Council; and, the Mayor,
City Administrator, and Department Heads do what is necessary to
implement it.
Mayor Sheetz noted she was asked by the Coastal Commission to
send the letter requesting the item be on their August agenda.
2. Councilmember Mullen referred to a letter from Harold
Conklin regarding the situation at Tidelands Park where the park-
ing area has been cordoned off for construction. She asked for a
status report on construction progress. Mr. Algert stated the
site has been turned over to the contractor and work is proceed-
ing. He stated the Harbor and Police Departments have spent a
considerable amount of time planning for the disruption the con-
struction of Tidelands Park will cause. Flyers have been dis-
tributed explaining the project, the reasons for it, and alter-
nate places to camp; they have spent time at Tidelands Park talk-
ing to the people. He stated the launch ramp will remain open
during construction.
• Councilmember Wuriu suggested signs be placed further up along
the Embarcadero warning people of the parking problems in the
area.
3. Mayor Sheetz requested the City Attorney contact the
Coastal Commission to verify whether Measure I should be certi-
fied by them. Ms. Skousen stated she has talked to them and they
believe it should have been submitted. The City's position is
the Measure is not part of the Land Use Element and therefore not
subject to Coastal Commission review. Measure I deals with water
allocation. Diane Landry of the Coastal Commission stated it
affects land use and should have been included in the Land Use
Element.
Councilmember Mullen requested City Ordinances No. 393 and 395
also be submitted for certification by the Coastal Commission as
they deal with retrofitting and land use rules.
Ms. Skousen requested a policy determination from Council on this
matter. The Coastal Commission position is they control every-
thing; if you ask them if they should certify these items, their
response will be yes. City policy in the past has been to keep
the Coastal Commission's hands off Morro Bay jurisdictional mat-
ters as much as possible.
Councilmember Mullen requested a public hearing be scheduled on
• the matter.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JULY 27, 1992
• PAGE 4
A. CONSENT CALENDAR
A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JULY 13, 1992
Mr. Napper recommended Council approve the minutes as submitted.
A-2 REJECTION OF ALL BIDS ON PROJECT NO. PW 92-02, ANNUAL STREET
RE -STRIPING
Mr. Napper recommended Council reject all bids due to financial
constraints.
A-3 APPROVAL OF FY 1992-93 COMMUNITY PROMOTIONS MARKETING PLAN
Mr. Napper recommended Council receive the report for file, and
approve the Committee's Marketing Plan and Budget for FY 1992-93.
A-4 RESOLUTION NO. 94-92 AUTHORIZING INSTALLATION OF A STOP SIGN
ON MONTEREY AVENUE AT THE NORTHERLY INTERSECTION OF BEACH
STREET
Mr. Napper recommended Council adopt Resolution No. 94-92.
A-5 STATUS REPORT ON CITY'S WATER SUPPLY
• Mr. Napper recommended Council receive the report for file.
A-6 RESOLUTION NO. 92-92 AWARDING CONTRACT ON PROJECT NO. PW 92-
01 DISCHARGE LINE FROM EMERGENCY DESALINATION PLANT TO R.
BAKER. INC.
Mr. Napper recommended Council adopt Resolution No. 92-92.
A-7 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (PACIFIC CREST
INVESTMENTS) (PULLED)
A-8 RESOLUTION NO 88-92 AUTHORIZING CITY ENROLLMENT IN PUBLIC
EMPLOYEES RETIREMENT SYSTEM (PERS) HEALTH INSURANCE PLANS
Mr. Napper recommended Council adopt Resolution No. 88-92.
A-9 RECEIPT OF DRAFT TREE ORDINANCE AND SUBMISSION OF PROPOSAL
TO RECREATION AND PARKS COMMISSION AND PLANNING COMMISSION
Mr. Napper recommended Council accept the Ordinance, and forward
it to the Recreation and Parks Commission and the Planning Com-
mission for recommendations.
• • • UN • �-
• Mr. Napper recommended Council adopt Resolution No. 96-92.
MINUTES - MORRO
REGULAR MEETING
PAGE 5
• A-11 RESOLUTION
BAY CITY COUNCIL
-'JULY 27, 1992
APPROVING ONE YEAR
MEMORANDUMS OF
UNDERSTANDING
RELATING TO
CLASSIFICATION.
COMPENSATION,
AND TERMS
OF
EMPLOYMENT
WITH MORRO BAY
PEACE OFFICERS
ASSOCIATION
(RESOLUTION
NO. 82-92); CONFIDENTIAL
EMPLOYEES
(RESOLUTION
NO. 83-92;
SERVICE EMPLOYEES
INTERNATIONAL
UNION (SEIU)
LOCAL NO.
817 AND MISCELLANEOUS
EMPLOYEES (RESOLUTION
NO.
87-92); AND,
EXECUTIVE EMPLOYEES
(RESOLUTION
NO. 90-92)
Mr. Napper recommended Council adopt Resolutions No. 82-92, 83-
92, 87-92, and 90-92.
A-12 RESOLUTION NO, 95-92 SUPPORTING DISCOUNT SALE OF UNDERSIZED
FRUIT TO LOW-INCOME CONSUMERS AND REPEAL OF FEDERAL AGRICUL-
TURE REGULATIONS RESULTING IN DESTRUCTION OF SMALLER PRODUCE
Mr. Napper recommended Council adopt Resolution No. 95-92.
A-13 CITY ATTORNEY LEGAL OPINION REGARDING CONSTRUCTION OF THE
ALTA MORRO CONDOMINIUM PROJECT AND MEASURE I
Mr. Napper recommended Council receive the legal opinion for
file.
• Mr. Napper recommended Council approve the Expenditure Report.
A-15 STATEMENT OF INVESTMENTS - JUNE 1992
Mr. Napper recommended Council accept the Statement.
A-16 RESOLUTION NO. 68-92 APPROVING AMENDMENTS TO CONCEPT PLAN
FOR SHOPPING CENTER (TRI W/WILLIAMS BROTHERS MORRO BAY
CREEKSIDE CENTER) AND APPROVING FINAL ENVIRONMENTAL IMPACT
ADDENDUM (CASE NO. CUP 03-88/ MAJOR AMENDMENT OF CONCEPT
PLAN)
Mr. Napper recommended Council receive for file the previously
adopted Resolution No. 68-92.
Councilmembers pulled Items A-1, A-8, A-9, A-11, A-12, and A-16
for separate discussion.
A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JULY 13, 1992
Councilmember Mullen requested a correction to page 2, first
paragraph of the minutes; the word "subscription" should be
changed to "prescription".
A-8 RESOLUTION NO 88-92 AUTHORIZING CITY ENROLLMENT IN PUBLIC
• EMPLOYEES RETIREMENT SYSTEM (PERS) HEALTH INSURANCE PLANS
Councilmember Baker commended Mr. Henderson and the leaders of
the employee groups for coming to terms on this item.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JULY 27, 1992
PAGE 6
•
A-9 RECEIPT OF DRAFT TREE ORDINANCE AND SUBMISSION OF PROPOSAL
TO RECREATION AND PARKS COMMISSION AND PLANNING COMMISSION
Councilmember Mullen suggested the ordinance allow appeals
through the Planning Commission before they come to the City
Council; and, she noted on page 5, second paragraph, reference is
made to §12.08.060 which was deleted at the beginning of the
Ordinance.
A-11 RESOLUTION APPROVING ONE YEAR MEMORANDUMS OF UNDERSTANDING
RELATING TO CLASSIFICATION COMPENSATION AND TERMS OF
EMPLOYMENT WITH MORRO BAY PEACE OFFICERS ASSOCIATION
(RESOLUTION NO. 82-921; CONFIDENTIAL EMPLOYEES (RESOLUTION
NO 83-92• SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU)
LOCAL NO 817 AND MISCELLANEOUS EMPLOYEES (RESOLUTION NO
87-92); AND EXECUTIVE EMPLOYEES (RESOLUTION NO 90-92)
Councilmember Wuriu commended the parties involved in reaching
agreements with the four employee groups; he noted due to the
budget crisis, employees have agreed to no salary increases this
fiscal year.
A-12 RESOLUTION NO 95-92 SUPPORTING DISCOUNT SALE OF UNDERSIZED
• FRUIT TO LOW-INCOME CONSUMERS AND REPEAL OF FEDERAL AGRICUL-
TURE REGULATIONS RESULTING IN DESTRUCTION OF SMALLER PRODUCE
Councilmember Luna suggested an amendment to the Resolution in
the fifth "Whereas"; 11500 million" should be 11500 million
pounds". Ms. Davis stated there was an error in the newspaper
article, and the figure is supposed to be 500 million pieces of
fruit rather than pounds.
A-13 CITY ATTORNEY LEGAL OPINION REGARDING CONSTRUCTION OF THE
ALTA MORRO CONDOMINIUM PROJECT AND MEASURE I
Councilmember Mullen read from Measure I and Ordinance No. 393
dealing with special building allocations. She said the two sec-
tions are in direct conflict. In the Alta Morro case, the City
is allowing a commercial use (motel) to be changed to residential
use (condominiums) without requiring the developer to retrofit
because they have "on -site" water. She noted Alta Morro was pre-
viously retrofitted and is, in essence, violating the retrofit -
of -the -retrofit prohibition by using water equivalencies from
already existing retrofits. She said there is a real problem
with the two ordinances and believes Ordinance No. 393 circum-
vents the voter's initiative Measure I.
Ms. Skousen stated Measure I discusses water "allocation"; a pro-
ject only needs to be allocated water when it does not have any.
• Ordinance No. 393 relates to Measure F which is the City's growth
limitation ordinance; it does not allocate water, it sets the
number of building units allowed per year. Council took the
position if a parcel has sufficient water on -site and does not
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JULY 27, 1992
PAGE 7
• need water, they should be allowed to build under the restric-
tions of Measure F during years when the City is not allowing new
construction due to water restrictions.
Councilmember Mullen stated the use has changed from commercial
to residential which is a new use and not allowed under Measure
I. Ms. Skousen stated the issue is whether the project needs
water which subjects it to Measure I; it does not.
MOTION: Councilmember Baker moved Council receive the legal
opinion for file. The motion was seconded by
Councilmember Wuriu.
Councilmember Luna asked about the provision in Measure I which
stated it supercedes all ordinances. Ms. Skousen stated Measure
I is not in conflict with the provisions of Ordinance No. 393;
Measure I does not address property which already has water on -
site.
The motion carried with Councilmembers Luna and Mullen
voting no. (3-2)
A-16 RESOLUTION NO 68-92 APPROVING AMENDMENTS TO CONCEPT PLAN
FOR SHOPPING CENTER (TRI W/WILLIAMS BROTHERS MORRO BAY
• CREEKSIDE CENTER) AND APPROVING FINAL ENVIRONMENTAL IMPACT
ADDENDUM (CASE NO CUP 03-88/ MAJOR AMENDMENT OF CONCEPT
PLAN)
Councilmember Mullen stated some of her changes to the Resolution
adopted July 17th did not make it into this final draft. In the
first paragraph, the reference to "approximately 13 acres" should
be changed to 19 acres. Ms. Skousen stated her notes show
Council only agreed to make a change to the fourth "Whereas" to
reflect 19 acres; Mr. Mapper concurred stating final Council
action was to put it into the fourth paragraph only.
Councilmember Mullen referred to Section 4 on page 2 of the Reso-
lution and Section 13 on page 6 of the conditions regarding a
Business Improvement Area. She stated it reads as though the
businesses will contribute directly to a BIA which may or may not
be formed. She believes it should be left vague instead of
specifically designating the money go to the BIA. Mr. Mapper
said an "or" clause is in the conditions which protects the City
sufficiently if a BIA is not formed.
Councilmember Mullen stated Section 4 on page 3 of the conditions
does not address on -site water recycling and gray water use which
she requested be included. Ms. Skousen and Mr. Mapper did not
recall Council directing the change.
• Councilmember Mullen asked if she wished the modification to be
made to the conditions, would she have to bring the whole thing
back? Ms. Skousen stated the Resolution before Council has been
adopted and approved.
•
•
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JULY 27, 1992
PAGE 8
MOTION: Councilmember Mullen requested Resolution No. 68-92 be
returned to Council for reconsideration of the condi-
tions of approval. The motion was seconded by
Councilmember Luna and failed on the following vote:
AYES: Luna, Mullen
NOES: Baker, Wuriu, Sheetz
MOTION: Councilmember
Calendar with
already been
Councilmember
B. UNFINISHED BUSINESS
NONE
C. NEW BUSINESS
Luna moved for
the exception
approved. The
Wuriu and unanimously
approval
of Item
motion
of the Consent
A-13 which has
was seconded by
carried. (5-0)
C-1 COUNCILMEMBER REQUEST FOR POLICY CONCERNING DISPOSITION OF
CORRESPONDENCE AND DOCUMENTS RECEIVED AT CITY COUNCIL
MEETINGS
Councilmember Mullen s
dized after the public
tional information was
by Council; the public
or comment on it. She
dard after which no w
Council meeting; it ca
following meeting.
tated she requested this matter be agen-
hearing on Williams Brothers wherein addi-
received from the developer and considered
had no opportunity to review the material
believes Council should set a time stan-
ritten material will be considered at the
n be received but not acted upon until a
Mayor Sheetz stated people who submit material at a late date are
always taking the risk Council may not be able to read or con-
sider the material in consideration of the agenda item.
Councilmember Wuriu said Council should give equal attention to
all items presented. He stated he does not like getting volumi-
nous written material late; however, there will be times when
Council may want to consider the material. He was not in favor
of a set policy.
Councilmember Mullen said Council should not consider items given
to them after 5PM the Friday before a Council meeting.
MOTION: Councilmember Baker moved Council continue with the
current practice as it exists. The motion was seconded
by Mayor Sheetz and carried on the following vote:
AYES: Baker, Wuriu, Sheetz
NOES: Luna, Mullen
•
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JULY 27, 1992
PAGE 9
C-2 COUNCILMEMBER REQUEST FOR POLICY REGARDING DISTRIBUTION OF
ELECTED OFFICIAL MAIL AND INITIATED CORRESPONDENCE
Councilmember Mullen stated there are certain items on which she
would like to be kept informed, and has discovered letters going
out by the Mayor which she did not know about. She requested
Council approve a policy to have Councilmembers receive copies of
correspondence on certain items received or sent out by other
Councilmembers.
MOTION: Councilmember Mullen moved Council adopt a policy
whereby other members of the Council may receive copies
of letters coming in or going out of City Hall by other
members of the Council in regards to stated subjects
identified by Council.
Mayor Sheetz stated she has no problem with the rest of the
Council receiving copies of letters she has written. She noted
the letters she wrote were based on Council majority issues.
However, incoming mail is personal and private if it is addressed
to an individual Councilmember. Single letters addressed to the
Mayor and City Councilmembers should be distributed, but she does
not believe incoming mail needs to be shared with everyone else.
Councilmember Mullen asked if incoming letters are public docu-
ments? Mr. Napper stated yes.
Mayor Sheetz suggested a copy of letters written by
Councilmembers be placed in a "Read File" for Council perusal
rather than copying to each Councilmembers. Councilmember Luna
suggested an informal policy whereby Council can request incoming
information on certain subjects be copied to the Councilmembers
so requesting. Mayor Sheetz agreed with the policy with the
exception of mail addressed "personal and confidential".
MOTION: Mayor Sheetz moved any out -going correspondence by
Councilmembers be placed in a "Read File"; and,
Councilmembers may identify to the City Clerk specific
subjects on which they wish to receive copies of any
in -coming correspondence. The motion was seconded by
Councilmember Luna and unanimously carried. (5-0)
STORAGE*-1 RESOLUTION NO. 97-92 AUTHORIZING ACCEPTANCE OF CALIFORNIA
COASTAL CONSERVANCY GRANT FOR CONSTRUCTION OF FISHERMEN'S
GEAR YARD FACILITY ANO HARBOR YARD ON P.G.&E. RENTED
PROPERTY
Rick Algert reviewed the proposed project which is a coordinated
effort between the City, Morro Bay Commercial Fishermen's Organi-
zation, and P.G.&E. The Coastal Conservancy has approved a
$325,000 grant for the project, and Resolution No. 97-92 autho-
rizes the City Administrator to sign an agreement accepting the
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JULY 27, 1992
• PAGE 10
grant. He noted negotiations with P.G.&E. for rental of their
property are pending.
Councilmembers asked various questions to which Mr. Algert
responded. It was noted the estimated cost for the project is
$360,000 but it will be scaled down if necessary to meet the
grant amount. Mr. Algert stated the Commercial Fishermen's Orga-
nization will maintain 2/3rds of the property which is the por-
tion they will occupy, with the Harbor Department using the
remainder.
Jody Giannini, President of the Morro Bay Commercial Fishermen's
Organization, stated the organization will take care of insurance
for their portion of the project. He noted the money for the
grant came from off -shore oil revenues, and time is of the
essence in signing the Agreement. He guaranteed the area will
look better than it does now.
Mayor Sheetz opened the hearing to the public.
Cathy Cordero, Cordero Winston Fish Co., thanked Mr. Algert for
all his work and support of the project. She stated she is
speaking on behalf of 20 fishermen who cannot be at the meeting
this evening because they are fishing; they all support the
• project.
John Greenville, Commercial Fishermen's Organization, stated
there have been numerous problems over the years on this project,
and he was pleased when Mr. Algert asked the Organization to
become partners with the City on it. He believes the project
will be a great asset to Morro Bay.
Richard Haskill spoke in support of the commercial fishing stor-
age area.
Mayor Sheetz closed the hearing to the public.
Councilmember Mullen asked if there are any plans for special
recycling facilities on the property? Mr. Algert stated options
for a marine recycling system on this property are open.
Councilmember Mullen encouraged support of establishing such a
facility on this site.
MOTION: Mayor Sheetz moved for the adoption of Resolution No.
97-92. The motion was seconded by Councilmember Baker
and unanimously carried. (5-0)
• Mr. Boucher reviewed the proposal to be a co -applicant with the
County of San Luis Obispo to apply for Proposition 116 grant
funds for installation of bicycle lanes on South Bay Blvd. He
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JULY 27, 1992
• PAGE 11
noted the high priority of this project in both the City's Circu-
lation Element and the San Luis Obispo County Bicycle Unmet Needs
list. He said the City previously applied for Prop 116 funds for
a bike path from Morro Bay High School to Main Street, but was
unsuccessful in State competition. Mr. Boucher stated there has
been considerable private and public support for the project.
Councilmember Mullen asked if there are other projects or monies
the City should be applying for? Mr. Napper stated since San
Luis Obispo County has been recently designated as a metropolitan
area, he has requested Ron DeCarli provide him with a summary of
what funds are now available under this designation.
Mayor Sheetz asked if there are any funds available for the Twin
Bridges project? Glen Priddy, Deputy County Engineer, stated
there may be some federal funds available; however, the biggest
obstacle is the environmental concerns. He believes the South
Bay Blvd. bikepath project should rank well for Prop 116 funding
criteria.
Gary Fells, representing the Sierra Club, stated the Sierra Club
supports this project, and suggested the City re -submit the high
school bike path proposal again. They are willing to support
this project also.
• B Rohan, 2501 Elm and the City's representative on the Trans-
portation Committee, spoke in favor of the project.
Cathy Cordero stated she lives on Turri Road and over the years
she has witnessed the increase in cyclists on South Bay Blvd.
She is pleased the project is proposed.
Mayor Sheetz returned the matter to Council.
MOTION: Councilmember Mullen moved for the adoption of Resolu-
tion No. 93-92. The motion was seconded by
Councilmember Wuriu.
Councilmember Mullen asked if there is any way to submit the
Morro Bay High School bike path proposal again? Mr. Napper
stated staff will review the prior application and return it to
Council in August.
Councilmember Luna asked if there has been discussion regarding a
bicycle bridge? Mr. Boucher stated not to his knowledge.
The motion was unanimously carried. (5-0)
Council recessed from 8:04 p.m. to 8:12 p.m.
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JULY 27, 1992
• PAGE 12
D-3 CONSIDERATION OF PROPOSED CONJUNCTIVE USE OF WHALE ROCK
RESERVOIR PIPELINE FOR TRANSMISSION OF STATE WATER TO MORRO
BAY
Bill Boucher reviewed a County proposal to reduce pipeline con-
struction from the State Water Project to Morro Bay from eleven
miles to less than six miles by using existing Whale Rock
pipeline. He noted the County presented this proposal to the
Water Advisory Board and they supported the concept. Since that
time, staff has discovered issues which may not make it advisable
for the City to participate in the project.
Mr. Boucher reviewed the costs made necessary by this concept
which include construction of a new water treatment plant includ-
ing personnel and maintenance costs. Additionally, the use of
the Whale Rock pipeline does not eliminate the need to construct
the remainder of the Chorro Valley pipeline at some time in the
future. Estimated costs show a Chorro Valley pipeline to Morro
Bay will cost $5,223,800, while the Whale Rock alternative is
estimated at $6,834,925.
Councilmember Luna asked if this concept has been discussed
before the Whale Rock Commission? Mr. Boucher stated no, just at
a staff level. Mr. Priddy, County Engineer's office, stated the
• Whale Rock Commission knows the County is looking at the option.
Councilmember Baker asked if there is more of a chance for leak-
age or breakage using Whale Rock pipeline because of its age?
Mr. Priddy stated yes, they will have to investigate the
integrity of the existing pipe.
Paul Donnelly, County Engineer's office, discussed the construc-
tion of the pipeline, and noted it would terminate at the City's
Kings Avenue water tank.
Councilmember Mullen asked if the County has investigated the
Lemoore pipeline? Mr. Priddy stated yes, it was rejected because
it has been carrying energy fuel for many years and cleaning it
for drinking water would be difficult; it also has hydraulic
inadequacies.
Mayor Sheetz opened the hearing to the public for comments.
Charles Palmer commented on the Navy pipeline which is in good
shape but could probably carry k of the 1313 acre feet the City
is requesting from the State Water Project.
Mayor Sheetz returned the matter to Council.
MOTION: Councilmember Wuriu moved Council reject the concept of
• conjunctive use of the Whale Rock Reservoir pipeline
for delivery of State Water to Morro Bay. The motion
was seconded by Councilmember Baker and unanimously
carried. (5-0)
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JULY 27, 1992
PAGE 13
•
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 8:24 p.m.
Recorded by:
ARDITH DAVIS
City Clerk
•
•
0
0
0
94&r /5/ ; q 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 - JULY 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
♦ 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; SAN LUIS OBISPO SUPERIOR COURT
♦ CAYUCOS SANITARY DISTRICT V. CALIFORNIA COASTAL COMMISSION, CASE
NO. 71030; SAN LUIS OBISPO SUPERIOR COURT
REGULAR MEETING - JULY 13, 1992
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ROLL CALL
NVOCATION
LEDGE 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.
• __ k a3ifal:f3
Unless an item is pulled for separate action by the City Council, the fol-
lowing actions are approved without discussion.
A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JUNE 8, 1992, ADJOURNED
REGULAR MEETING OF JUNE 17, 1992; ADJOURNED CLOSED SESSION OF JUNE 18,
1992; MORRO BAY-CAYUCOS SANITARY DISTRICT JOINT MEETING OF JUNE 18,
1992; AND REGULAR MEETING OF JUNE 22, 1992
A-2 STATUS REPORT ON CITY WATER SUPPLY
A-3 RESOLUTION NO. 85-92 APPROVING PERMIT AGREEMENT WITH PACIFIC GAS AND
ELECTRIC FOR CITY USE OF P.G.&E. OCEAN OUTFALL FACILITY FOR DESALINA-
TION DISCHARGE
•
1
4 RESOLUTION NO. 84-92 APPROVING ANNUAL RATIFICATION OF JOINT POWERS
AGREEMENT FOR SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
A-5 APPROVAL OF CONTRACT WITH SAN LUIS OBISPO COUNTY DEPARTMENT OF ANIMAL
REGULATION FOR ANIMAL CONTROL SERVICES PULLED
A-6 RESOLUTIONS APPROVING ONE YEAR MEMORANDUMS OF UNDERSTANDING WITH MORRO
BAY PEACE OFFICERS ASSOCIATION (RESOLUTION NO. 82-92); CONFIDENTIAL
EMPLOYEES (RESOLUTION NO. 83-92); AND EXECUTIVE EMPLOYEES (RESOLUTION
NO. 90-92) RELATING TO CLASSIFICATION, COMPENSATION, AND TERMS OF
EMPLOYMENT
A-7 AUTHORIZATION TO FILL VACANT WASTEWATER TREATMENT PLANT EMPLOYEE
POSITION
A-8 RESOLUTION'NO. 86-92 REQUESTING LITIGATION SUPPORT FROM THE CALIFORNIA
COASTAL COMMISSION TO OBTAIN COMPLIANCE BY HAYASHI FARMS REGARDING
LCP/LAND USE VIOLATIONS (MORRO CREEK BASIN)
A-9 RESOLUTION NO. 91-92 AMENDING THE SCOPE OF FACILITIES TO BE FINANCED
FOR THE PURCHASE OF THE EMERGENCY DESALINATION PLANT TO INCLUDE THE
ASSOCIATED OUTFALL DISCHARGE LINE AND APPURTENANCES
B. UNFINISHED BUSINESS
B-1 COUNCIL SUB —COMMITTEE REPORT ON CITY LEGAL SERVICES ALTERNATIVES
0. NEW BUSINESS
NONE
D-1 RESOLUTION NO. 89-92 ORDERING THE LEVY OF ANNUAL ASSESSMENTS FOR THE
BAYSHORE BLUFFS PARK LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
D-2 REQUEST BY MORRO BAY MARINA FOR RECONSIDERATION OF COUNCIL DENIAL OF
PARK RETROFIT WATER EQUIVALENCY ALLOCATIONS TO THE MARINA SQUARE
PROJECT (13.26 EQUIVALENCIES)
11
•_:may .k_
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
REGULAR MEETING - JULY 13, 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: Forrest Henderson
Judy Skousen
Rick Algert
Louise Burt
Ardith Davis
Joe Loven
Steve Wolter
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
Asst. City Admin.
City Attorney
Harbor Director
Finance Director
City Clerk
Acting Police Chief
Rec. & Parks Dir.
Dr. Don Carey of the Presbyterian Church gave the invocation, and
Horace Strong led the Pledge of Allegiance.
PUBLIC COMMENT
1. Harold Cass, 470 Java, said there should be a 25 year
moratorium on building in the City; and, no coastal building ever
in Morro Bay. Mr. Cass stated he has owned five vehicles since
moving to Morro Bay, and all have been taken by the City Police
or County law enforcement personnel. He objected to the fees
charged for obtaining re -possession of his vehicles.
2. Charles Palmer, Estero Ave., referred to a Letter to
the Editor he wrote in the Sun -Bulletin and a response to Council
by the City Administrator. He gave his version of the situation
and submitted a memo to the City Council suggesting the City
Administrator is trying to kill Morro Bay and should leave.
3. Dale Patterson, Bay Pines RV Park, complimented the
Police Department on their handling of over -flow RVs in Morro
Bay.
DECLARATION OF FUTURE AGENDA ITEMS
1. Councilmember Wuriu requested an item be agendized for
S discussion on how minimize the red tape required to obtain a
building permit for a single family home. Councilmember Mullen
u
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JULY 13, 1992
PAGE 2
requested an addition to this item regarding a sustainability
model for planning in effect in Florida which streamlines their
ordinances and is performance based planning instead of
subscription.
2. Councilmember Mullen stated some time ago she requested
a status report from the Resource Conservation District Task
Force on Chorro Valley, and has yet to receive it. Also, 2�
months ago the Council decided to form a mobilehome committee to
work on the rent control ordinance. She asked what is the status
of the Committee? Mayor Sheetz stated the RCD meets this month
after which time she will report to Council; and, the mobilehome
committee has been formed and will hold their first meeting the
end of this month.
3. Councilmember Luna requested an item be agendized to
receive a report from staff on the status of the wastewater
reclamation workshop program.
4. Councilmember Luna noted an
Tribune today which requires farmers
rather than allowing them to sell the
the poor; and, requested a resolution
restriction.
A. CONSENT CALENDAR
article in the Telegram -
to dump under -sized fruit
fruit at reduced prices to
be prepared protesting the
A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JUNE 8 1992•
ADJOURNED REGULAR MEETING OF JUNE 17 1992• ADJOURNED CLOSED
SESSION OF JUNE 18 1992• MORRO BAY-CAYUCOS SANITARY DIS-
TRICT JOINT MEETING OF JUNE 18 1992• AND REGULAR MEETING OF
JUNE 22, 1992
It was recommended Council approve the minutes as submitted.
A-2 STATUS REPORT ON CITY WATER SUPPLY
It was recommended Council receive the report for file.
A-3 RESOLUTION NO 85-92 APPROVING PERMIT AGREEMENT WITH PACIFIC
GAS AND ELECTRIC FOR CITY USE OF P G &E OCEAN OUTFALL
FACILITY FOR DESALINATION DISCHARGE
It was recommended Council adopt Resolution No. 85-92.
A-4 RESOLUTION NO 84-92 APPROVING ANNUAL RATIFICATION OF JOINT
POWERS AGREEMENT FOR SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
It was recommended Council adopt Resolution No. 84-92.
A-5 APPROVAL OF CONTRACT WITH SAN LUIS OBISPO COUNTY DEPARTMENT
OF ANIMAL REGULATION FOR ANIMAL CONTROL SERVICES PULLED
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JULY 13, 1992
PAGE 3
A-6 RESOLUTIONS APPROVING ONE YEAR MEMORANDUMS OF UNDERSTANDING
WITH MORRO BAY PEACE OFFICERS ASSOCIATION (RESOLUTION NO.
82-92); CONFIDENTIAL EMPLOYEES (RESOLUTION NO. 83-92); AND
EXECUTIVE EMPLOYEES (RESOLUTION NO. 90-92) RELATING TO
CLASSIFICATION_ COMPENSATION, AND TERMS OF EMPLOYMENT
Mr. Henderson requested this item be pulled due to some unre-
solved matters regarding employee insurance.
A-7 AUTHORIZATION TO FILL VACANT WASTEWATER TREATMENT PLANT
EMPLOYEE POSITION
It was recommended Council authorize the filling of one vacant
Wastewater Treatment Plant Operator position.
A-8 RESOLUTION NO 86-92 REQUESTING LITIGATION SUPPORT FROM THE
CALIFORNIA COASTAL COMMISSION TO OBTAIN COMPLIANCE BY
HAYASHI FARMS REGARDING LCP/LAND USE VIOLATIONS (MORRO CREEK
ASIN
It was recommended Council adopt Resolution No. 86-92.
A-9 RESOLUTION NO 91-92 AMENDING THE SCOPE OF FACILITIES TO BE
• FINANCED FOR THE PURCHASE OF THE EMERGENCY DESALINATION
PLANT TO INCLUDE THE ASSOCIATED OUTFALL DISCHARGE LINE AND
It was recommended Council adopt Resolution No. 91-92.
Councilmember Luna requested Items A-7 and A-8 be pulled for sep-
arate discussion.
MOTION: Councilmember Wuriu moved for the approval of the Con-
sent Calendar with the exception of Items A-6, A-7, and
A-8. The motion was seconded by Councilmember Baker
and unanimously carried. (5-0)
A-7 AUTHORIZATION TO FILL VACANT WASTEWATER TREATMENT PLANT
EMPLOYEE POSITION
Councilmember Luna asked if it is possible to fill this vacancy
from another department? Mr. Henderson stated the Regional Water
Quality Control Board establishes requirements for operators and
minimum staffing levels. They require someone who already is a
certified wastewater treatment plant operator.
•
•
•
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JULY 13, 1992
PAGE 4
A-8 RESOLUTION NO 86-92 REQUESTING LITIGATION SUPPORT FROM THE
CALIFORNIA COASTAL COMMISSION TO OBTAIN COMPLIANCE BY
HAYASHI FARMS REGARDING LCPLLAND USE VIOLATIONS (MORRO CREEK
BASIN)
Councilmember Luna asked if the City will be incurring costs by
adopting the Resolution? Ms. Skousen stated this should reduce
our costs; the Coastal Commission will take over prosecution of
the violations since it is the Coastal Act the City is attempting
to enforce.
Councilmember Baker asked If Mr. Hayashi would be able to obtain
a Coastal Development Permit if he applied for one? Ms. Skousen
stated she is not sure; if he goes through the permit process and
takes appropriate mitigation measures, he might be able to obtain
a permit.
Councilmember Baker stated he is concerned the City is taking
someone to court for farming their own land. He would like to
see something worked out. Ms. Skousen stated this matter has
been going on for two years and the City has repeatedly told Mr.
Hayashi to apply for a permit and tell the City exactly what he
wants to do on the property; he refuses to cooperate. Each time
Mr. Hayashi acts like he never heard of the problem before,
states he will be into the Planning Department to obtain a per-
mit, and then the City never hears from him. She noted the
Coastal Commission and Attorney General's office will probably
move slowly on this item which will give the City additional time
to meet with Mr. Hayashi if he so desires.
MOTION: Councilmember Luna moved for the approval of Items A-7
and A-8. The motion was seconded by Councilmember
Baker and unanimously carried. (5-0)
B. UNFINISHED BUSINESS
B-1 COUNCIL SUB -COMMITTEE REPORT ON CITY LEGAL SERVICES
ALTERNATIVES
Ms. Skousen stepped down on this item due to a conflict of
interest.
Mr. Henderson noted Council continued this item from their last
meeting to tonight.
Councilmember Mullen reviewed the analysis by the sub -committee
consisting of Councilmember Wuriu and herself, and staffed by Mr.
Henderson. She noted the City Attorney's average hourly rate is
low compared to other attorneys and believes the contract ar-
rangement is probably the most economical; however, perhaps Coun-
cil could reduce the hours it requires the City Attorney to spend
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JULY 13, 1992
PAGE 5
• on Council business and look at the ways in which the Council
relates to the City Attorney with a view towards reducing costs.
Councilmember Wuriu agreed the contract arrangement, as currently
comprised, is the best alternative.
Councilmember Luna asked if the costs in Option B included
employee benefits? Mr. Henderson stated yes.
There was discussion regarding keeping the City Attorney's asso-
ciate costs down by reducing the hours he spends on City business
since his hourly rate is higher than the City Attorney's. Coun-
cilmember Luna suggested a policy be established Ms. Skousen will
do all Morro Bay's work and any work required by her assistant
has to be approved by Council. Mayor Sheetz pointed out Mr.
Barker is not the Assistant City Attorney; he is Ms. Skousen's
employee and only performs Morro Bay work when Ms. Skousen
cannot.
Councilmember Baker commented the City has a good deal with Ms.
Skousen, and she is doing a fine job in protecting the City.
Mayor Sheetz pointed Ms. Skousen has lost only one case in the
seven years she has been under contract with the City.
• Councilmember Mullen maintained the City should set up regula-
tions on individual Councilmembers' time with Ms. Skousen, and
also look at some way of restricting Mr. Barker's hours. She re-
quested a status report on current cases from the City Attorney.
Ms. Skousen stated she regularly prepares a list of what she is
working on. She said she works 50-60 hours a week for the City
now, and is not willing to work more hours than that. What she
cannot do, she has Steve Barker handle; an alternative would be
to refer the matter to the City's JPA insurance attorneys and pay
$90 per hour. She stated there are a number of things that do
not require outside special attorneys and which can be handled by
Mr. Barker. Ms. Skousen stated she does no work unless directed
by the Council as a whole, or the City Administrator . She does
not spend time researching items for individual Councilmembers,
but will answer questions when they call.
Councilmember Wuriu stated the dialogue between the City Attorney
and individual Councilmembers on City business is very important,
and he would not like to see it restricted; Councilmember Baker
agreed.
Councilmember Luna noted Ms. Skousen is also the City Attorney
for Arroyo Grande, and asked if Arroyo Grande items could be han-
dled by Mr. Barker while Ms. Skousen concentrates on Morro Bay?
Ms. Skousen stated she assigns most of Arroyo Grande's items to
. Mr. Barker and he only performs a small amount of work for Morro
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JULY 13, 1992
• PAGE 6
Bay. Ms. Skousen noted Arroyo Grande does not have the litiga-
tion Morro Bay does and their meetings usually only last � hour.
No action was taken on this matter except for request for an
update on City Attorney caseload.
Ms. Skousen resumed her seat.
C. NEW BUSINESS
NONE
D. PUBLIC HEARINGS. REPORTS & APPEARANCES
D-1 RESOLUTION NO 89-92 ORDERING THE LEVY OF ANNUAL ASSESSMENTS
FOR THE BAYSHORE BLUFFS PARK LANDSCAPE MAINTENANCE ASSESS-
MENT DISTRICT
Mr. Wolter reviewed the steps leading up to this evening's action
to levy the annual assessment for Bayshore Bluffs Park. He
stated the City has followed all legal requirements for an
assessment district and the hearing this evening is to receive
written and oral protests to the assessments. To date, no
protests have been filed, although Mr. Wolter stated he has been
• discussing the assessments with one of the property owners at
Bayshore Village.
Councilmember Baker stated the assessment is $398.24 per lot. He
asked if condominiums pay the same thing? Mr. Wolter stated yes.
Councilmember Baker asked who pays the assessment if the condo-
miniums are not occupied? Mr. Wolter stated the legal property
owner.
Councilmember Wuriu asked if $398 is high for an assessment? Mr.
Wolter stated it is comparable to other assessment districts of
this nature; tree trimming creates an additional cost.
Mayor Sheetz opened the hearing to the public for comments.
Bob Wiese, President of the Bayshore Bluffs Homeowners Associa-
tion, stated the Association is not comfortable with paying $400
a year to look at dirt and weeds. He noted the north end of the
park consists of a restroom and park, while the south end is sup-
posed to be a "meadow" but ends up as dirt and weeds after the
spring flower growing season is over. He stated the property
owners are also charged for vandalism at the park and asked if
the City is insured for this? Mr. Wolter stated the City is
self -insured, but the deductible is $1,000 per occurrence.
Mr. Wiese stated the Association presently hires a groundskeeper
• for the homes at Bayshore Village at the rate of $11,000 per year
for 12-24 man-hours per week. The City has one man working three
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JULY 13, 1992
• PAGE 7
hours per week for $15,000 annually. The Association also
objects to the administration fees. He said they would like to
participate in the budget process and be allowed to audit this
account.
Mr. Wolter stated he would be glad to show them the books on this
account and have the Association participate in the budget
preparation.
There was further discussion with direction for Mr. Wolter to
work with the Homeowners Association on their concerns.
MOTION: Councilmember Wuriu moved for the adoption of Resolu-
tion No. 89-92. The motion was seconded by Councilmem-
ber Baker and unanimously carried. (5-0)
D-2 REQUEST BY MORRO BAY MARINA FOR RECONSIDERATION OF COUNCIL
DENIAL OF PARK RETROFIT WATER EQUIVALENCY ALLOCATIONS TO THE
MARINA SQUARE PROJECT (13.26 EQUIVALENCIES)
Mr. Henderson stated Morro Bay Marina is again requesting Council
allow them 13.26 water equivalencies for their Marina Square Pro-
ject on the Embarcadero. The developer believes Council allo-
cated the water equivalencies to the project in October 1989.
• Upon considering the matter in January 1991, after Measure I
passed in the 1990 election, Council determined the equivalencies
were "reserved" but not "allocated" and no longer available to
the project under the constraints of Measure I. The applicant
requests reconsideration of this action.
Councilmember Luna asked if any guarantees or binding contracts
with the applicant were made in 1989 regarding the water equiva-
lencies? Ms. Skousen stated no; however, there is correspondence
indicating they could access the equivalencies by paying the
fees. They did not attempt to do that until after the passage of
Measure I; at that time the City refused to accept payment for
the water equivalencies because of the Measure. She noted the
attempt to pay for the water equivalencies was made before Mea-
sure I actually became law, which was 10 days after the Council
certified the results of the election. Ms. Skousen does not
believe they had a vested right to the equivalencies until the
Conditional Use Permit was final.
Mayor Sheetz asked why Measure I was never sent to the Coastal
Commission for certification? Ms. Skousen stated staff does not
consider it part of the City's Land use Element or Local Coastal
Program. It is the City's way of dealing with water use. Mayor
Sheetz commented the Coastal Commission is concerned about the
City's water management plan. Ms. Skousen stated if the Commis-
sion was asked, they would probably want to review it; however,
• it is City policy to keep matters under local control as much as
possible.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JULY 13, 1992
• PAGE 8
Dale Mitchell, representing Morro Bay Marina, stated his client's
position is the water equivalencies were awarded to the project
in October 1989 and Measure I had no affect on that award. He
said there has never been a slow -down or interruption on their
part to obtain this water and stated some of the water equivalen-
cies have been sold to another project. Mr. Mitchell stated the
applicant received a letter from Bill Farrel, Community Develop-
ment Director at the time, that states, "your request to partici-
pate in the City's retrofit program has been approved"; and a
letter from Mr. Napper stating the 13.26 water equivalencies
"remain reserved until your use permit expires". Those letters
are dated long before Measure I was adopted. He said the appli-
cant is building a restaurant at the location and needs the water
to be able to operate it; the economical benefits will accrue to
the City as well as the applicant. He stated the words
"allocate" and "reserved" as defined in the dictionary mean the
same thing.
Ann Freeman, 785 Cabrillo Place, said she remembers a Council
meeting where the applicant, Stan Trapp, said he was going to
advise his investors not to pay the fee for the water equivalen=
cies. She stated City parks belong to the citizens and should be
used for the best good of the citizens and that does not mean
• parks should be retrofitted for the benefit of a developer; he
should go out and pay for them like everyone else.
Nelson Sullivan stated a question was asked earlier in the meet-
ing as to how can the City stop getting sued; he advised they can
stop breaking the law and citing the desal plant as a good exam-
ple. He stated Measure I prohibits allocation of water from City
property. He said when Mr. Trapp decided to take the City up on
its offer for park retrofit water, it was no longer available for
allocation. Mr. Sullivan encouraged Council not to break the
law.
Councilmember Mullen stated since People's Self -Help Housing is
also looking to use retrofit water from the parks, where will the
equivalencies come from? Mr. Wolter stated neither Keiser Park
or Del Mar Park have been retrofitted.
Councilmember Luna asked why Mr. Trapp waited until after the
election to try and pay for the water equivalencies? Ms. Skousen
stated they rushed in before the effective date of Measure I
because they realized it would preclude their project from
obtaining water equivalencies from City facilities.
Councilmember Wuriu stated there are very valid arguments on both
sides of the issue; the key is what was meant by "earmarked". He
said three of the people on the Council, Mayor Sheetz, Coun-
cilmember Baker, and himself made the decision in 1989 and they
know what they meant. If the applicant performed the park
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JULY 13, 1992
PAGE 9
• retrofit, he could access the equivalencies; if he did not do the
work, he could not have them. He noted Mr. Napper's letter says
the water is valid as long as the permit is valid.
Councilmember Mullen stated Council made a decision in January
1991 the water equivalencies were not allocated; nothing has
changed since that time. The applicant is free to access the
retrofit program like anyone else.
Councilmember Baker stated he made the motion in 1989 and has
subsequently consulted the dictionary for the definitions of
"earmark" and "allocate"; they are almost identical. There was a
3-2 vote in 1989 and it would have been 4-1 except Councilmember
Lemons did not believe the applicant should have to pay the high
fees. In order to make the project profitable, a restaurant
needs to go into the project.
Councilmember Luna disagreed and stated the business could be
profitable •without the restaurant; the developer is an experi-
enced businessman and would have abandoned the project if it
hinged on a restaurant since he knew about the water situation.
Mayor Sheetz stated the motion in 1989 did intend for the water
to be allocated. She said she voted against the allocation in
• 1991 because of the City's water situation.
Councilmember Mullen stated if water is allocated to this pro-
ject, it will be taking away water from People's Self -Help Hous-
ing affordable housing project. She said they should be advised
of the situation and invited to provide their input. Mr. Wolter
stated there are 34.84 water equivalencies available between Del
Mar Park and Keiser Park, and he believes PSHH needs 34 water
equivalencies for their project. Councilmember Wuriu commented
they will be retrofitting some of the current low-cost housing to
earn some of their water.
MOTION: Mayor Sheetz moved this item be continued one month
until People's Self -Help Housing can advise the City as
to their needs. The motion was seconded by Councilmem-
ber Wuriu.
Mr. Henderson stated the matter will be scheduled on the agenda
for the second meeting in August.
The motion carried with Councilmember Baker voting no.
(4-1)
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
•
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JULY 13, 1992
PAGE 10
♦ CAYUCOS SANITARY DISTRICT V CITY OF MORRO BAY, CASE
NOS. 70420 AND 71224; SAN LUIS OBISPO SUPERIOR COURT
♦ CAYUCOS SANITARY DISTRICT V. CALIFORNIA COASTAL COMMIS-
SION, CASE NO. 71030; SAN LUIS OBISPO SUPERIOR COURT
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 7:29 p.m. and returned
to regular session at 7:50 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 7:51 p.m.
Recorded by:
ARDITH DAVIS
City Clerk