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HomeMy WebLinkAboutCC_1985-10-28 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 2$, 1985 AGENDA RECREATION HALL - 7:00 P.M. ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION - REVEREND TOM DILLARD, ESTERO BAY UNITED METHODIST CHURCH PRESENTATIONS 1. PRESENTATION OF CERTIFICATE OF APPRECIATION FROM CHARLES COFFIELD, UNITED STATES COAST GUARD AUXILIARY 2. PRESENTATION OF RESOLUTION WELCOMING AFS STUDENTS TO MORRO BAY ORAL COMMUNICATIONS - Members of the audience wishing to address the Council on matters other than scheduled hearing items may do so when recognized by the Mayor, by standing and stating their name and address. Comments should normally be limited to three minutes. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PUBLIC HEARING ON CUP AND CDP FOR 180-ROOM HOTEL COMPLEX BETWEEN MAIN STREET AND THE BLUFF ABOVE THE EMBARCADERO; CASE NOS. CUP 43-84/CDP 62-84/LCP 05-85A - MARTIN SMITH & ASSOC., APPLICANTS A-2 PUBLIC HEARING ON MORRO BAY GARBAGE COMPANY REQUEST FOR EMERGENCY RATE INCREASE A-3 PUBLIC HEARING ON APPEAL OF CUP CONDITIONS APPROVED BY THE PLANNING COMMISSION TO ALLOW THE OPERATION OF A VACUUM -TYPE FISH UNLOADING DEVICE; CASE NO. CUP 30-85 - ORVAL LEAGE, APPLICANT AND APPELLANT A-4 PUBLIC HEARING ON APPEAL OF CUP CONDITIONS APPROVED BY THE PLANNING COMMISSION TO ALLOW A 6-UNIT CONDOMINIUM PROJECT AT THE CORNER OF PACIFIC STREET AND NAPA AVENUE; CASE NOS. CUP 38-85/CDP 760-85R/TM 1341 - ROBERT AND MARJORIE MC CONAGHAY, APPLICANTS AND APPELLANTS A-5 PUBLIC HEARING AND RESOLUTION NO. 109-85 AUTHORIZING APPLICA- TION FOR UMTA SECTION 18 GRANT APPLICATION FOR DIAL -A -RIDE CAPITAL PROJECTS B. UNFINISHED BUSINESS B-1 ORDINANCE NO. 273 AMENDING MORRO BAY MUNICIPAL CODE SECTION 13.20.080 C, WATER RETROFIT ORDINANCE AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 28, 1985 PAGE TWO B-2 RESOLUTION NO. 84-85 APPROVING NINE -UNIT CONDOMINIUM PROJECT - YERBA BUENA AND MAIN STREET B-3 RESOLUTION NO. 79-85 GRANTING APPEAL ON APPROVAL OF CUP'S FOR COMMERCIAL GHOST SHRIMP OPERATIONS (CASE NO. CUP 15-85, A-F) C. NEW BUSINESS C-1 RESOLUTION NO. 107-85 AWARDING CONTRACT FOR TEST DRILLING FOR NEW WATER WELLS C-2 RESOLUTION NO. 108-85 REJECTING BID FOR CONSTRUCTION OF PROJECT NO. PW85-06 - NUTMEG WATER STORAGE TANK C-3 RESOLUTION NO. 105-85 OPPOSING CALIFORNIA MEN'S COLONY OVERCROWDING C-4 REVIEW OF CONTINGENCY PLANS FOR EMERGENCY WATER CONSERVATION AND WATER SUPPLY; RESOLUTION NO. 106-85 DECLARING THE AVAILABLE MUNICIPAL WATER SUPPLY TO BE LOW D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF OCTOBER 14, 1985 D-2 AUTHORIZATION TO ADVERTISE ADVISORY BOARD VACANCIES D-3 RATIFICATION OF WASTEWATER SOURCE CONTROL PROGRAM D-4 EXTENSION OF COMPLETION DATE FOR BAYSHORE VILLAGE PUBLIC IMPROVEMENTS, TRACT 729 D-5 BUDGET EXPENDITURE FOR CHRISTMAS TREE LIGHTING, STREET FAIRE, AND BOAT PARADE EVENTS D-6 ESTABLISHMENT OF CITIZENS' BLUE RIBBON COMMITTEE - COMMUNITY CENTER PROJECT D-7 REJECTION OF CLAIMS AGAINST THE CITY (ANDREWS, MC GOVERN, QUINTANA) D-8 EXPENDITURE REPORT - SEPTEMBER 1985 D-9 STATEMENT OF INVESTMENTS - SEPTEMBER 1985 D-10 CHAMBER OF COMMERCE MONTHLY REPORT - SEPTEMBER 1985 D-11 DONATION OF FIRE DEPARTMENT SURPLUS PROPERTY TO MEXICO AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 28, 1985 PAGE THREE D-12 RESOLUTION NO. 104-85 WELCOMING AFS STUDENTS STEPHAN GOERTZ AND THOMAS MEIER TO MORRO BAY D-13 PROCLAMATION DECLARING THE MONTH OF NOVEMBER, 1985 AS HOSPICE MONTH E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY F. ADJOURNMENT Adourn to Friday, November 1, 1985 at 7 P.M. in the Recreation Hall for a joint meeting with the Fire Master Plan Committee. Next regular Council meeting: TUESDAY, November 12th (November 11th is Veteran's Day). MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 28, 1985 RECREATION HALL - 7:00 P.M. Mayor Zeuschner called the meeting to order at 7:00 p.m. 1?f1T.T. f AT.T. PRESENT: Bud Zeuschner Mayor Ray Kaltenbach Councilmember Jim Miller Councilmember Bruce Risley Councilmember Rose Marie Sheetz Councilmember ABSENT: None STAFF: Gary Napper City Administrator Jeff Jorgensen City Attorney Louise Burt Finance Director Alan Davis Harbor Director Forrest Henderson Asst. to the City Admin. Mike Multari Comm. Development Dir. Nick Nichols Public Works Director Dave Norton Water Engineer Mike Upton Administrative Asst. Steve Wolter Recreation & Parks Dir. Bernie Zerr Fire Chief Ardith Davis Deputy City Clerk Horace Strong led the Pledge of Allegiance and Reverend Tom Dillard of the Estero Bay United Methodist Church gave the invocation. PRESENTATIONS 1. PRESENTATION OF CERTIFICATE OF APPRECIATION FROM CHARLES COFFIELD, UNITED STATES COAST GUARD AUXILIARY Mr. Coffield was unable to be present at the meeting, but had previously given the Mayor the Certificate. Mayor Zeuschner expressed his appreciation to the Coast Guard Auxiliary. 2. PRESENTATION OF RESOLUTION WELCOMING AFS STUDENT TO MORRO BAY Mayor Zeuschner presented Resolution No. 104-85 to AFS students Stephan Goertz and Thomas Meier and welcomed them to Morro Bay. ORAL COMMUNICATIONS 1. John Lemons stated that he had been before the Council on 2 previous occasions requesting a copy of the City Attorney's opinion on Measure F and copies of the litigation file involving Ralph Peters. He had also presented a written request to the MINUTES - MORRO REGULAR MEETING PAGE TWO BAY CITY COUNCIL - OCTOBER 28, 1985 City Administrator and Mr. Napper had responded the City Council had not authorized him to release the documents. Mr. Lemons stated he has since been advised that in their lawsuit against some Morro Bay citizens, Councilmembers Kaltenbach and/or Risley gave a copy of the City Attorney's opinion on Measure F to their attorney who in turn presented it for evidence in the lawsuit, thereby making it a public document. He felt the Council should request a grand jury investigation of the use of a confidential City Attorney's opinion to support a personal lawsuit. 2. Andy Zatko stated he has offered to donate a cannon to the City to be placed at the Veteran's Hall and has received no response to his offer. 3. Katherine Walling suggested Council establish a policy that items set for public hearing have to be withdrawn 10 days before the meeting so the public can be notified. She said individuals make plans to attend a hearing based on public notice and then find the applicant has requested a continuance; she felt the present policy could be used by applicants to instill public apathy. 4. Mary Phillips stated there were some errors in the Council minutes in 1982 regarding comments she had made and she would like to have them corrected. 5. Ric Deschler, Chairman of the Harbor Commission, reviewed recent actions by the Harbor Commission and stated staff and the City Administrator has overrode their recommenda- tions and stopped the flow of information to the Council. 6. Nelson Sullivan discussed the water main replacement program and his doubts about whether it actually saves water. 7. Devin Thor, Chairman of the Chamber of Commerce legis- lative committee, spoke in favor of the City's water retrofit program. 8. Frank Volpa referred to previous comments he had made about some members of the Planning Commission being "un- American" and his belief that a builder on the Commission is a conflict of interest. Mayor Zeuschner explained the conflict of interest process and the fact that individual councilmembers and commissioners are obligated to step down from deliberating on items in which they may have a financial interest. MINUTES - MORRO REGULAR MEETING PAGE THREE BAY CITY COUNCIL - OCTOBER 28, 1985 Mr. Volpa also stated the City Morro Bay as a bird sanctuary. is not doing enough preserve 9. Phil Simon, attorney representing the Quintanas, stated he wished to make some comments regarding the Quintana claim scheduled for Council action on the Consent Calendar. Mr. Jorgensen stated the item had been pulled from the Consent Calendar at this time and informed Mr. Simon he should contact the City Attorney if he wished to discuss this matter. 10. Jane Masterson passed out an article to Council dealing with the risks and effects of building after a rainy season, and that risky land uses and building practices are leading cities to disaster. 11. Bob Ward stated he was at the deposition where the City Attorney's opinion on Measure F was made available and it had Councilmember Kaltenbach's name on it. 12. Mayor Zeuschner stated the Community Center had received an allocation from the Area Agency on Aging in the amount of $228,000 which brings the total allocation toward the project to $850,000. 13. Mayor Zeuschner encouraged everyone to view the Library mural being installed on the new Library. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PUBLIC HEARING ON CUP AND CDP FOR 180-ROOM HOTEL COMPLEX BETWEEN MAIN STREET AND THE BLUFF ABOVE THE EMBARCADERO; CASE NOS. CUP 43-84 CDP 62-84 LCP 05-85A - MARTIN SMITH & ASSOC., APPLICANTS Mr. Napper stated he had received a request from the applicant through their attorney to continue this matter until the November 12, 1985 meeting. The reasons for the request were Mr. Smith is unavailable to attend the hearing and additional time is needed to assess feasibility of a scaled -down project. Mr. Napper stated Council has routinely granted these requests and, as this is a concept plan, there are no time restrictions. Councilmember Kaltenbach was opposed to continuing the hearing; he did not feel it was appropriate to ask the community to conserve water and then consider this project; he was in favor of turning the project down and stated he was going to vote against it. Councilmember Sheetz was in favor of allowing people testify to the issue who could not be present at the continued hearing. MINUTES - MORRO REGULAR MEETING PAGE FOUR BAY CITY COUNCIL - OCTOBER 28, 1985 Mr. Jorgensen stated in fairness to the applicant, Council should continue the hearing. Those who are unable to attend the November 12th meeting should be allowed to testify this evening; however, he said their comments would be more effective if presented in response to a full presentation by the applicant. Mayor Zeuschner opened the hearing to those individuals who would not be able to attend a hearing on November 12th. Dorothy Cutter requested Council deny the project stating the project is out of character with Morro Bay, would create a traffic problem and a burden on motels already experiencing a high vacancy rate in the winter months. Stan Steen, a property owner near the project and a resident in Arizona, requested a copy of the staff report on the project. Mr. Napper handed his copy of the report to Mr. Stein. MOTION: Councilmember Sheetz moved the. public hearing be continued to November 12, 1985. The motion was seconded by Councilmember Miller and carried with Councilmember Kaltenbach voting no. (4-1) A-2 PUBLIC HEARING ON MORRO BAY GARBAGE SERVICE REQUEST FOR EMERGENCY RATE INCREASE Mr. Napper stated this request was the result of a 40% increase in fees to the MBGS by Los Osos Landfill and 100% increase in insurance premiums. MBGS is requesting a 7.5% across-the-board increase to make up the $36,500 annual additional costs to them; this would be effective November 1, 1985. Mr. Napper stated staff has determined the rate increase is reasonable and this has been confirmed by the County Auditor -Controller; the Refuse Franchise Board has also recommended approval of the request. Mayor Zeuschner opened the hearing to the public. Bill Buckley was opposed to the increase; he said he pays $6.25 for 6 can service every two months in Cambria. Bob DeSomer, Chairman of Refuse Franchise Board, endorsed the increase and stated the Board was working on a 1 cubic yard pickup proposal to be presented to Council at a later date. Comments were also heard from Mary Phillips and Jan VonKoehe. MOTION: Councilmember Miller moved that the hearing be closed to the public. The motion was seconded by Council - member Risley and unanimously carried. (5-0) MOTION: Councilmember Sheetz moved for the adoption of Resolu- tion No. 103-85 approving the increase. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 28, 1985 PAGE FIVE A-3 PUBLIC HEARING ON APPEAL OF CUP CONDITIONS APPROVED BY THE PLANNING COMMISSION TO ALLOW THE OPERATION OF A VACUUM -TYPE FISH UNLOADING DEVICE; CASE NO. CUP 30-85 - ORVAL LEAGE, APPLICANT AND APPELLANT Mr. Multari stated the applicant is requesting modification or elimination of several of the conditions set by the Planning Commission on his permit to allow a vacuum -type fish offloading device at his commercial site. Mr. Multari reviewed the history of this application which included complaints by neighboring property owners because of the noise of the device when it was first installed last spring. Mr. Leage subsequently applied for a permit to operate the device on a permanent basis and the Planning Commission approved the request with several conditions to mitigate the noise. Mr. Multari stated one of the conditions being appealed is that the noise cannot exceed ambient levels or 45DBA at property line. He compared this to 40 decibels which is the amount of noise one might hear in a bedroom of an average residence. Mayor Zeuschner opened the matter to the public for comments. William Booth, attorney representing Orval Leage, attempted to address the conditions Mr. Leage objected to. He invited Councilmembers to visit the site and listen to the equipment, as it is now muffled. He felt that the 45DBA requirement was unreasonable, objected to the Monday through Friday operation limitation, and the provision that the applicant purchase the sound measuring device. Dorothy Cutter spoke in opposition to the appeal stating the condition disallowing use of the machine on Sunday is valid as Main Street is already busier during the weekend, thereby adding more noise. She suggested the project be denied and there are more appropriate places for this kind of facility on Embarcadero. Mr. Leage spoke in favor of his appeal. He stated today the noise level of the machine registered at 60-61 decibels going full speed. Eleanor Kolb spoke in opposition to the appeal and noted the bright lights from Mr. Leage's operation and said that she would like to see only daylight hours of operation. Jody Giannini, Vice -President of the Commercial Fishermen's Organization, discussed other areas in California where the commercial fishermen are being pushed out and suggested the residents in the area learn to co -exist with the commercial fishermen. MINUTES - MORRO REGULAR MEETING PAGE SIX BAY CITY COUNCIL - OCTOBER 28, 1985 Tom Wurui, resident in the area, stated he was opposed to an action that would increase the noise pollution; he was in favor of keeping the conditions as they stand. Mr. Booth made some rebuttal comments; Howard Gaines and Mary Phillips also offered some comments. Kim Biaz, an area resi- dent, outlined the enclosure of a smaller motor required as a condition on the Bayshore Village development. He did not see why Mr. Leage should not comply with similar conditions placed on others. Jane VonKoehe spoke in favor of the appeal. MOTION: Councilmember Sheetz moved that the hearing be closed to the public. The motion was seconded by Council - member Miller and unanimously carried. (5-0) Councilmember Sheetz asked if the City could legally impose the requirement that Mr. Leage purchase the noise measuring device. Mr. Jorgensen pointed out that the amount to be paid by the applicant would not exceed $500; he said Council has the discre- tion to impose reasonable conditions related to the project and the problems generated by it. Councilmember Miller suggested the purchase be a joint venture between the City and Mr. Leage; the City will use it on other items than just this project. Councilmembers expressed an interest in hearing the device. Councilmember Risley suggested a committee of Council and neighborhood residents go to the site and listen to the machine together and report back to Council at the next meeting. He agreed fishing is a 7-day a week business and thought perhaps it would be wiser to spread the traffic over seven days. Mayor Zeuschner felt most of the conditions were reasonable and stated the history of compliance on this site has not been good. He agreed with Sunday operation of the device and felt the City should share in the cost of the noise measuring device. MOTION: Councilmember Risley moved this matter be continued to the next meeting and the Mayor appoint a committee of 2 Councilmembers, 1 Harbor Commissioner, and 2 members from the neighborhood to bring back a report on the device. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) Council held a brief recess from 9:12 p.m. to 9:20 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 28, 1985 PAGE SEVEN A-4 PUBLIC HEARING ON APPEAL OF CUP CONDITIONS APPROVED BY THE PLANNING COMMISSION TO ALLOW A 6-UNIT CONDOMINIUM PROJECT AT THE CORNER OF PACIFIC STREET AND NAPA AVENUE; CASE NOS. CUP 38-85 CDP 760-85R TM 1341 - ROBERT AND MARJORIE MC CONAGHAY, APPLICANTS AND APPELLANTS Mr. Multari stated Mr. and Mrs. McConaghay are appealing some of the conditions of approval on their 6-unit condominium project. Specifically, they request relief from the requirements for parkland in -lieu fees, installation of fire sprinklers, and installation of two blocks of 6" water main. Mayor Zeuschner opened the hearing to the public. Steve Hall, architect for the project, suggested postponing the installation of the water lines until the City replaces lines in that area sometime next year. He objected to the park in -lieu fees based on the fact the project will contain additional landscaping and it is a replacement project which will not create new demands on park services. Ralph Lingle, of Automatic Fire Alarms, stated the applicants wished to have the sprinkler system requirement waived in favor of heat sensors which will be connected to the Police Department. He explained the difference between the two systems. Louise Tucker, broker at Morro Bay Realty, spoke in favor of the appeal. Marge McConaghay, appellant, discussed the damage that can be inflicted with fire sprinklers as opposed to heat sensors. MOTION: Councilmember Risley moved that the hearing be closed to the public. The motion was seconded by Council - member Sheetz and unanimously carried. (5-0) Councilmember Kaltenbach agreed with Mrs. McConaghay regarding the damage that can be inflicted by fire sprinklers. Fire Chief Zerr stated the reason fire sprinklers are required instead of heat sensors is because most deaths are from smoke rather than flames or heat. The detectors give warning, but they do not put fires out like fire sprinklers can. He strongly endorsed fire sprinkler systems. Steve Wolter recommended against granting a waiver to the park in -lieu fees. He stated these funds provide a source of revenue for improving the over forty acres of parkland in the City and is necessary for the general interest, welfare and health of the community; this should take precedence over the assumption that needs will not increase in the case of replacement or conversion of property uses. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 28, 1985 PAGE EIGHT Mr. Nichols stated his concern in the replacement of the water mains is to have adequate pressure for fire protection. The City is scheduled to replace mains in that area in 1986-87. MOTION: Councilmember Risley moved that the Planning Commission recommendation be upheld and the appeal denied. Councilmember Sheetz stated the Planning Commission had recommended waiving the park in -lieu fees. Councilmember Risley withdrew his motion. MOTION: Councilmember Sheetz moved Council deny the appeal, uphold the requirement for park in -lieu fees, and allow the applicants to post bond for installation of the water lines. The motion was seconded by Councilmember Risley. Councilmember Miller was in favor of waiving the park in -lieu fees; he thought $4,500 was too much. Councilmember Kaltenbach felt the fire sprinkler requirements would make the project unaffordable housing. Mr. Jorgensen stated in the absence of specific provisions, the Council has no authority to waive the sprinkler requirement since it was established by ordinance; it would take a variance to waive these provisions or an amendment to the ordinance. The motion carried on the following roll call vote: AYES: Risley, Sheetz, Zeuschner NOES: Kaltenbach, Miller It was noted a resolution formalizing Council action would be presented at the next meeting. A-5 PUBLIC HEARING AND RESOLUTION NO. 109-85 AUTHORIZING APPLICATION FOR UMTA SECTION 18 GRANT APPLICATION FOR DIAL -A -RIDE CAPITAL PROJECTS Mike Upton explained the City would be applying for 1 replace- ment transit vehicle, 2 wheelchair lifts for retrofitting on each of 2 non -accessible transit vehicles, and 2 replacement seats. Project total is $53,081; the City's share at 20% is $10,616. Mayor Zeuschner opened the matter to the public. MINUTES - MORRO REGULAR MEETING PAGE NINE BAY CITY COUNCIL - OCTOBER 28, 1985 Nancy Bast stated the wheel chair lift bus was only needed once a month or once a week, and questioned the wisdom for all buses to have lifts. MOTION° Councilmember Sheetz moved the hearing be closed to the public. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) Councilmember Risley asked about Nancy Bast's comment and Mr. Upton stated when a wheel -chair lift bus is being repaired, it allows flexibility to have another available if the City gets a call for that service. MOTION: Councilmember Sheetz moved for the adoption of Resolution No. 109-85. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 ORDINANCE NO. 273 AMENDING MORRO BAY MUNICIPAL CODE SECTION 13.20.080C, WATER RETROFIT ORDINANCE Mr. Napper noted a motion to adopt this ordinance as a first reading failed at the last meeting. It would be in order for Council to move to read the ordinance by title and number only and then adopt as a first reading. Councilmember Kaltenbach was not in favor of the Ordinance. He noted his presentation at the last meeting regarding the Huntington Center which has been retrofitted and water consump- tion is up 30% proving retrofitting does not work. He said he made a mistake in voting for it in the first place. MOTION: Councilmember Kaltenbach moved that Council repeal the retrofit program. The motion was seconded by Council - member Risley. Councilmember Risley said he made a mistake in approving the plan also; the idea looks good on paper, but most people retro- fitted in 1977. He said it has not yet been proved retrofitting saves water and the only available information the City does have proves it does not work. He said before he could approve the ordinance, there would have to be a time limit imposed so the City can evaluate projects currently in the pipeline. Mayor Zeuschner asked Mr. Multari what happens administratively when the Department grants a project retrofitting. Mr. Multari stated an inspector goes out and looks at the facility to be retrofitted before retrofitting is allowed. He noted he has MINUTES - MORRO REGULAR MEETING PAGE TEN BAY CITY COUNCIL - OCTOBER 28, 1985 reviewed the figures involving the Huntington Center and is preparing a memo on the subject. There are a lot of variables in the issue including whether or not everything they said was going to get retoofitted actually got retrofitted. Councilmember Sheetz stated she has been discussing with Mr. Domenghini the possibility of using his water should the City get in an emergency situation; he has offered to set up any kind of arrangement the City wants for water and it may be the City will not have to go into mandatory rationing or use Whale Rock Water. Jeff Jorgensen reminded the Council the purpose of the hearing was not to impose a new retrofit ordinance, but to consider changes to the current ordinance Council authorized staff to draft. If Council does not adopt the changes to the ordinance before them this evening, the existing ordinance stays valid. Mayor Zeuschner noted studies available on retrofitting are not necessarily applicable to Morro Bay, but he wanted to give the program a try with the amendments proposed. Councilmember Miller thought the current ordinance was acceptable. The motion failed on the following roll call vote: AYES: Kaltenbach, Risley NOES: Miller, Sheetz, Zeuschner MOTION: Councilmember Sheetz moved Oridnance No. 273 be read by title and number only. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) Mr. Napper read Ordinance No. 273 by title and number only. MOTION: Councilmember Sheetz moved Ordinance No. 273 be adopted as a first reading. The motion was seconded by Councilmember Miller and carried with Councilmember Kaltenbach voting no. (4-1) B-2 RESOLUTION NO. 84-85 APPROVING NINE -UNIT CONDOMINIUM PROJECT - YERBA BUENA AND MAIN STREET Mr. Multari reviewed the history of this project including an investigation into who owns the Whidbey Street right-of-way. It has been determined this street has never been offered for dedi- cation, therefore, adjacent property owners own the street to MINUTES - MORRO REGULAR MEETING PAGE ELEVEN BAY CITY COUNCIL - OCTOBER 28, 1985 the center line. The applicants have redrawn their plans to keep guest parking onsite. Staff is recommending no structures be allowed in the right-of-way to protect it as a view corridor; and the applicant offer to dedicate a buffer area along the creek for public access and habitat conservation. MOTION: Councilmember Miller moved for the adoption of Resolu- tion No. 84-85. The motion was seconded by Council - member Sheetz. Councilmember Risley stated that he is opposed to the approval of this project because the development is in violation of the character of the neighborhood and violates the Morro Bay Land Use Plan policy regarding changing topography by grading/cut and fill. The motion carried on the following roll call vote: AYES: Miller, Sheetz, Zeuschner NOES: Kaltenbach, Risley B-3 RESOLUTION NO. 79-85 GRANTING APPEAL ON APPROVAL OF CUP'S FOR COMMERCIAL GHOST SHRIMP OPERATIONS (CASE NO. CUP 15-85, A-F ) Mr. Napper noted Council has discussed this matter with the City Attorney in closed session regarding permit jurisdiction. He suggested as an alternate to adopting the proposed resolution, Council lobby the Fish and Game and Coastal Commissioners regarding their opposition to hydraulic pumping of ghost shrimp in the bay and invite the Commissioners to Morro Bay to view the damage to the mudflats. He recommended Council take no action on the appeal by the Audubon Society and vacate the Planning Commission's earlier decision on CUP 15-85, A-F with findings of lack of permit jurisdiction. Councilmember Kaltenbach still felt the City should go on record banning commercial pumping of ghost shrimp. He said the City should force their hand and let them sue; he stressed the damage to the mudflats because of ghost shrimping. Councilmember Sheetz agreed with Councilmember Kaltenbach about the devastation to the mudflats, but felt that City had no alternative; she agreed with the staff recommendation. MOTION: Councilmember Sheetz moved that Council adopt the staff recommendation to take no action on the appeal by the Morro Coast Audubon Society to the CUP for commercial MINUTES - MORRO BA_`CITY COUNCIL REGULAR MEETING - OCTOBER 28, 1985 PAGE TWELVE harvest of ghost shrimp within the City limits, and vacate the Planning Commission's earlier decision on CUP 15-85, A-F with findings of lack of permit juris- diction; additionally, Council comments on this issue are to be sent to the Fish and Game Commission and the Coastal Commission inviting them to Morro Bay to view the mudflats where hydraulic pumping of ghost shrimp is taking place. The motion was seconded by Councilmember Miller and carried with Councilmember Kaltenbach voting no. ( 4-1 ) C. NEW BUSINESS C-1 RESOLUTION NO. 107-85 AWARDING CONTRACT FOR TEST DRILLING FOR NEW WATER WELLS Mr. Nichols explained the process the City had to go through to obtain permits to enable the City to drill in various Morro, Chorro and Toro Creek areas. He reviewed the recommendations of Geologist Tom Wooley and the bid specifications for special drilling equipment. He recommended Council award the bid for well drilling to Layne -Western Co., Inc. in the amount of $232,720 which reflects the maximum costs for drilling to 400 feet, sampling water, and installing casings for development of wells. The minimum cost could be $140,000. He noted this would require a special allocation form the Water Fund Balance in an amount of $162,720. Councilmember Kaltenbach thought the low bid was extremely high. He said Jody Giannini had put him in contact with a local well driller in Templeton who had said drilling in that area cannot go any deeper than 90 feet because of bedrock. Councilmember Sheetz again noted Mr. Domenghini has offered to sell water to the City. Mr. Napper noted there may be problems with Mr. Domenghini's offer because riparian water rights differ from appropriative right uses. Dave Norton stated the water he is offering is out of the same aquifer the City is currently using; it is not a new source of water. Mr. Nichols said with regard to the well drilling matter, the City's specifications called for special equipment to enable drilling deeper than has been done in the past. The geologist has indicated in his report that geologic formation in Toro Creek will allow this; additionally the sites in Chorro Creek are believed to be located in ancient land slides and the City hopes to find basins below the existing acquifer. He noted again the bid amount is the maximum the City will use and may be much less; the geologist will determine when to stop drilling. Councilmember Risley noted the efforts gone into this project so far and stated if the geologist's report was going to be ques- tioned, it should have been done so long ago; he was in favor of going ahead with the project. MINUTES - MORRO REGULAR MEETING PAGE THIRTEEN BAY CITY COUNCIL - OCTOBER 28, 1985 MOTION: Councilmember Sheetz moved for the adoption of Resolution No. 107-85. The motion was seconded by Councilmember Miller. Councilmember Kaltenbach stated he was against awarding the bid to these people when there are people in the area who have been drilling. for water for years. The motion carried with Councilmember Kaltenbach voting no. ( 4-1 ) MOTION: Councilmember Sheetz moved Council allocate $162,720 from the Water Fund Balance to this project. The motion was seconded by Councilmember Risley and carried with Councilmember Kaltenbach voting no. (4-1) MOTION: Councilmember Sheetz moved a meeting be arranged between staff, Councilmember Sheetz, Mayor Zeuschner and Mr. Domenghini to explore the possibility of leasing, purchasing, etc. water from his well. The motion was seconded by Councilmember Risley. Councilmember Miller stated he would like to be on the committee as well. The motion carried unanimously. (5-0) C-2 RESOLUTION NO. 108-85 REJECTING BID FOR CONSTRUCTION OF PROJECT NO. PW85-06 - NUTMEG AVENUE WATER STORAGE TANK Mr. Nichols explained the City only received one bid on this project and the bid exceeds the budgeted amount; additionally, the bidder has submitted a letter to the City citing a clerical error in the bid and withdrawn the bid. He suggested this project be postponed until next year when the weather is better, more bidders are available and more competitive prices might be obtained. MOTION: Councilmember Miller moved Council adopt Resolution No. 108-85 rejecting the bid and direct staff to re-examine the project's construction components and timing. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) C-3 RESOLUTION NO. 105-85 OPPOSING CALIFORNIA MEN'S COLONY OVERCROWDING Mr. Napper reviewed this item; he stated the Senate Subcommittee on Corrections of the Senate Committee on Budget and Fiscal MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 28, 1985 PAGE FOURTEEN Review will hold a hearing at the County Board of Supervisor's Chambers on November 4, 1985 at 2:00 p.m. to receive local testimony on this issue. MOTION: Councilmember Risley moved for the adoption of Resolution No. 105-85. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) C-4 REVIEW OF CONTINGENCY PLANS FOR EMERGENCY WATER CONSERVATION AND WATER SUPPLY; RESOLUTION NO. 106-85 DECLARING_ THE AVAILABLE MUNICIPAL WATER SUPPLY TO BE LOW Mr. Nichols reviewed the 3-phased program developed by staff to address water level concerns; phase 1 - voluntary conservation, phase 2 - mandatory conservation, phase 3 - emergency. He discussed the City's request for 100 acre feet from the Whale Rock Commission if the City reaches an emergency situation. He said the Commission did not want to allocate any water to the City and did so only under stringent conditions; the City 1) institute emergency water conservation measures effective 11-1-85, and 2) implement a temporary moratorium on any building project that does not "return water" to the City beginning 1 1 -1 -85 through 1 2-31 -85. Mr. Napper noted Council had to comply with the Whale Rock Commission's conditions tonight if they wanted to be assured of receiving water in an emergency. He has prepared an ordinance implementing these conditions for Council consideration. Nick Nichols reviewed current well levels. Councilmember Miller stated he does not like the conditions set by the Whale Rock Commission and did not see why the City should accept them when it has the chance of contracting with Mr. Domenghini. Jeff Jorgensen pointed out the requirement from the Whale Rock Commission is only a temporary suspension on building permits that qualify under the waterline replacement program; the retro- fitted projects can still go ahead. He noted there were a minimum number of projects that will be affected in the 2-month moratorium period. Councilmember Risley felt the only thing for the City to do is prepare for the worst case; they would ultimately be responsible if the worst happens. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 28, 1985 PAGE FIFTEEN MOTION: Councilmember Risley moved for the adoption of Ordi- nance No. 274 to be effective November 1, 1985 unless, in the meantime, another way to protect the City can be found. Mr. Napper read Ordinance No. 274 in its entirety. Councilmember Kaltenbach stated the ordinance should include a ban on retrofitted projects as well. Mr. Jorgensen stated the ordinance had been drafted to provide for the least impact on Morro Bay while implementing the conditions set by the Whale Rock Commission. He noted the majority of the Council has approved the retrofit program and the ordinance before Council needs 4/5ths vote to be approved because it is an urgency ordinance. Councilmember Risley stated although he is against the retrofit program, he does not feel this vital ordinance should be held up because of something he and Councilmember Kaltenbach already lost. MOTION: Councilmember Kaltenbach moved the ordinance be amended to delete paragraph 3. The motion died for lack of a second. MOTION: Councilmember Risley moved for the adoption of Ordi- nance No. 274. The motion was seconded by Councilmember Sheetz and carried with Councilmember Miller voting no. ( 4-1 ) Mr. Jorgensen suggested Council direct staff to bring the ordi- nance back in 30 days for a status report. MOTION: Councilmember Sheetz moved Ordinance No. 274 be returned for Council review in 30 days. The motion was seconded by Councilmember Risley and carried with Councilmember Miller voting no. (4-1) MOTION: Councilmember Risley moved for adoption of Resolution No. 106-85. The moton was seconded by Councilmember Sheetz. Councilmember Miller felt the resolution was premature and the City is letting the Whale Rock Commission tell it what to do. The motion carried with Councilmember Miller voting no. ( 4-1 ) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 28, 1985 PAGE SIXTEEN Mr. Napper noted the resolution adopted gives staff the authority to implement mandatory water conservation effective November 1st. D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF OCTOBER 14 1985 Mr. Napper recommended Council approve the minutes as submitted. D-2 AUTHORIZATION TO ADVERTISE ADVISORY BOARD VACANCIES Mr. Napper recommended Council authorize staff to advertise appointment to the Planning Commission and Water Advisory Board, and reappoint Mr. Cahill and Mr. Sheridan to full terms on the TV Board effective January 1, 1986. D-3 RATIFICATION OF WASTEWATER SOURCE CONTROL PROGRAM Mr. Napper recommended Council approve the Non -Industrial Source Control Program and authorize staff to implement the public education and enforcement measures. D-4 EXTENSION OF COMPLETION DATE FOR BAYSHORE VILLAGE PUBLIC IMPROVEMENTS, TRACT 729 Mr. Napper recommended Council approve a 60 calendar day exten- sion to complete the improvements with all other terms and conditions to remain in effect. D-5 BUDGET EXPENDITURE FOR CHRISTMAS TREE LIGHTING, STREET FAIRE, AND BOAT PARADE EVENTS Mr. Napper recommended Council authorize expending $1,720 from Local Community Promotions Fund for the tree lighting, street faire and boat parade events. D-6 ESTABLISHMENT OF CITIZENS' BLUE RIBBON COMMITTEE - COMMUNITY CENTER PROJECT Mr. Napper recommended Council establish a Citizen's Advisory Committee on the Community Center and appoint the individuals submitted by staff. F D-7 REJECTION OF CLAIMS AGAINST THE CITY (ANDREWS, MC GOVERN Mr. Napper recommended Council deny the claims and authorize the City Clerk to send the rejections letters. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 28, 1985 PAGE SEVENTEEN D-8 EXPENDITURE REPORT - SEPTEMBER 1985 Mr. Napper recommended Council approve the Expenditure Report as submitted. D-9 STATEMENT OF INVESTMENTS - SEPTEMBER 1985 Mr. Napper recommended Council approve the Statement of Investments as submitted. D-10 CHAMBER OF COMMERCE MONTHLY REPORT - SEPTEMBER 1985 Mr. Napper recommended Council receive and accept the report for file. D-11 DONATION OF FIRE DEPARTMENT SURPLUS PROPERTY TO MEXICO Mr. Napper recommended Council declare 8 fire turnout sets to be surplus property with no value and authorize the donation of this equipment to firefighters in Ledro, Mexico. D-12 RESOLUTION NO. 104-85 WELCOMING AFS STUDENTS STEPHAN GOERTZ AND THOMAS MEIER TO MORRO BAY Mr. Napper recommended the formal adoption of Resolution No. 104-85. D-13 PROCLAMATION DECLARING THE MONTH OF NOVEMBER, 1985 AS HOSPICE MONTH P Mr. Napper recommended Council authorize the Mayor to proclaim November 1985 as Hospice Month. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL A. Councilmember Miller brought up the item John Lemons had discussed under Oral Communications. He noted he had been specifically instructed not to make the City Attorney's opinion on Measure F available to the public, and now other Council - members have done so. Councilmember Kaltenbach stated Councilmember Miller should be the last one to make accusations when he has released confidential information all along. Mr. Jorgensen discussed the importance of councilmembers pre- serving the confidentiality of the attorney/client relationship whether or not they agree with each other. He said Council needs to determine if a waiver of confidentiality in the Measure MOTION to approved Consent Calendar adopted. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 28, 1985 PAGE EIGHTEEN F opinion has been made; if it is true, the document should be made public. He stated it is unnecessary to request a grand jury investigation because release of closed session items is not illegal. Mr. Lemons stated he did not need the opinion on Measure F any longer because he can get it from the deposition file; however, he would like a response on his request regarding the Peters lawsuit. Councilmembers requested advice from the City Attorney on this subject. B. Mayor Zeuschner noted Mr. Zatko's request for the City's denial or acceptance of the cannon for the Vet's Hall. Mr. Napper stated the City had responded to Mr. Zatko on this and Council directed a copy of the letter be forwarded to Mr. Zatko to remind him of Council action. C. Mayor Zeuschner stated Ric Deschler, Chairman of the Harbor Commission, had made some allegations regarding Commis- sion activities. Mr. Napper stated he would not use his posi- tion to stop communication from the Harbor Commission to the Council; the request regarding Lease Site No. 49 had inadver- tently been overlooked and tentatively scheduled for the November 12th Council meeting. He said he had discussed this matter with Mr. Giannini last week. The Biaggini sand matter has due process involved in the Harbor Commission's recommenda- tion, and Mr. Multari was already instructed to start the abatement process to have the sand removed. Mayor Zeuschner stated he did not appreciate public comment time being used to castigate staff when it could be held in-house; he did not feel there was any reason why staff would choose to subvert the information and noted several Council priorities regarding water may have kept staff from other items of importance. Mr. Deschler apologized to Mr. Napper and stated he was acting from perceptions and prompting from other Commission members. He explained Commissioner's had made several requests regarding Lease Site 49 which had not been recognized by staff. Jody Giannini noted the frustration of the Commission when they make recommendations which are ignored. He asked Mr. Napper if the bid packages on Lease Site 49 had been sent out and Mr. Napper replied they had not. 19. Councilmember Risley stated Council was in receipt of a letter of resignation from Charles Marciel from the Harbor Commission. He suggested Council appoint from the applications submitted during the last recruitment. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 28, 1985 PAGE NINETEEN Mayor Zeuschner stated he would accept nominations for this vacancy. Councilmember Risley nominated Jeff Odel; Councilmember Miller nominated Jerry Mendez; and Mayor Zeuschner nominated Doug Riddell. Councilmembers cast ballots and Mayor Zeuschner announced there were 3 votes for Jeff Odel, 1 vote for Jerry Mendez and 1 vote for Doug Riddell. MOTION: Mayor Zeuschner moved Council appoint Jeff Odel to the vacancy on the Harbor Commission. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) E-2 CITY ADMINISTRATOR A. Mr. Napper announced there would be a Diablo drill held on Wednesday, October 30th. He invited Councilmembers to visit the Police Department sometime during the day to view the emergency activities. B. Mr. Napper stated Council should adjourn this meeting to November 1st to continue the review of the Fire Master Plan. Councilmember Kaltenbach stated he would not be present at the November 1st meeting. E-3 CITY ATTORNEY Mr. Jorgensen had nothing to report. F. ADJOURNMENT MOTION: Councilmember Risely moved the meeting be adjourned to Friday, November 11 1985 at 7:00 p.m. in the Recreation Hall to meet with the Fire Master Plan Committee. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) The meeting adjourned at 12:45 p.m. Recorded by: ARDITH DAVIS Deputy City Clerk