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HomeMy WebLinkAboutCC_1986-07-14 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING - JULY 14, 1986 AGENDA RECREATION HALL - 7:00 P.M. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE 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. PRESENTATIONS 1. 1986 NATIONAL AUTOMOTIVE TROUBLE -SHOOTING TEAM 2. CITY OF MORRO BAY'S 22ND ANNIVERSARY A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 AMENDMENTS TO FY 86-87 CITY BUDGET (WATER AND SEWER FUNDS) RESOLUTION NO. 73-86 A-2 CONSIDERATION OF BEACH STREET SPECIFIC PLAN AND OTHER MINOR AMENDMENTS TO THE ZONING ORDINANCE (CASE NO. LCP 02-86 A & B) RESOLUTION NO. 76-86, AND ORDINANCE NO. 288 - FIRST READING A-3 CONSIDERATION OF ORDINANCE NO. 286 AMENDING THE MORRO BAY MUNICIPAL CODE TO INCREASE COUNCIL COMPENSATION - FIRST READING A-4 CONSIDERATION OF ORDINANCE NO. 287 AMENDING MORRO BAY MUNICIPAL CODE TO PROVIDE FOR HARBOR COMMISSION COMPENSATION - FIRST READING A-5 WATER ADVISORY COMMITTEE PRESENTATION REGARDING WATER CONSERVATION PROGRAM A-6 CONSIDERATION OF RESOLUTION NO. 68-86 AMENDING SCHEDULE A OF LEASE AGREEMENT ON LEASE SITES 57-61/57-61W (MB YACHT CLUB) B. UNFINISHED BUSINESS B-1 RESOLUTION NO. 70-86 APPROVING TEMPORARY EXTENSION OF INTERIM LEASE AGREEMENT, A1-4 MOORING ZONE (MB MARINA) B-2 RESOLUTION NO. 71-86 APPROVING TEMPORARY EXTENSION OF INTERIM LEASE AGREEMENT, LEASE SITE 51-51W (ASSOCIATED PACIFIC CONSTRUCTORS) AGENDA - MORRO BAY CITY COUNCIL JULY 14, 1986 - PAGE TWO C. NEW BUSINESS C-1 REFUSE FRANCHISE BOARD REQUEST FOR CLARIFICATION ON REFUSE RATE STRUCTURE C-2 REQUEST FROM WATER ADVISORY COMMITTEE FOR CHANGE TO BOARD STATUS C-3 RESOLUTION NO. 79-86 AUTHORIZING GRANT APPLICATION TO THE COASTAL COM- MISSION FOR FURTHER BAY/ESTUARINE MANAGEMENT PROGRAMS C-4 RESOLUTION NO. 74-86 AUTHORIZING THE EXPENDITURE OF DEVELOPER'S GUAR- ANTEE BOND, AND RESOLUTION NO. 75-86 RESCINDING THE NOTICE OF COMPLE- TION RECORDED FOR OFF -SITE IMPROVEMENTS - TRACT 729 (BAYSHORE VILLAS) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE SPECIAL MEETING OF JUNE 19, 1986, THE REG- ULAR MEETING OF JUNE 23, 1986, THE ADJOURNED REGULAR MEETING OF JUNE 26, 1986, AND THE STUDY SESSION OF JUNE 30, 1986 D-2 RESOLUTION NO. 72-86 UPHOLDING PLANNING COMMISSION DENIAL OF AN APPLI- CATION FOR A VARIANCE TO ALLOW A TRAILER AS AN ADDITION TO AN EXISTING NON -CONFORMING USE; VAR 09-86, GENE STANLEY D-3 RESOLUTION NO. 78-86 APPROVING A CONTRACT FOR HOUSING REHABILITATION UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM D-4 REJECTION OF BIDS FOR FIRE SQUAD TRUCK D-5 RATIFICATION OF COASTAL DEVELOPMENT PERMIT APPLICATION FOR REPLACEMENT OF NUTMEG WATER TANKS D-6 RESOLUTION NO. 67-86 APPROVING LOCAL TRANSPORTATION FUND AND STATE TRANSPORTATION ASSISTANCE CLAIMS FOR FY 86-87 D-7 RESOLUTION NO. 68-86 COMMENDING FRANK RODGERS, ROBERT RUPPERT, AND JOHN C. RUPPERT FOR AN AWARD WINNING TEAM EFFORT AT THE 1986 NATIONAL AUTOMOTIVE TROUBLE -SHOOTING CONTEST E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY CLOSED SESSION 1. GOVERNMENT CODE SECTION 54957: PERSONNEL MATTERS F. ADJOURNMENT MINUTES - MORRO REGULAR MEETING RECREATION HALL BAY CITY COUNCIL - JULY 14, 1986 - 7:00 P.M. Mayor Zeuschner called the meeting to order at 7:00 p.m. ROLL CALL PRESENT: Bud Zeuschner Ray Kaltenbach Jim Miller Bruce Risley Rose Marie Sheetz STAFF: Gary Napper Judy Skousen Dave Bugher Louise Burt Alan Davis Forrest Henderson Nick Nichols Mike Upton Steve Wolter Elane Novak Mayor Zeuschner led the Pledge Carey of the Presbyterian Church ORAL COMMUNICATIONS Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Acting Comm. Dev. Dir. Finance Director Harbor Director Asst. to City Adm. Public Works Dir. Adm. Asst. Rec. & Parks Dir. Deputy City Clerk of Allegiance; Reverend Donald gave the invocation. 1. Mary Phillips said that it had come to her attention through Tom Falk of the Telegram Tribune that that there would be an increase in litigation fees on the contract (between Animal Regulation) and the City. Mrs. Phillips feels that this item should not have been on the Consent Calendar section of the agenda but rather an agendized item for public hearing. She would like some response concerning this item tonight or agenda time at some later date. 2. Charles Palmer representing Enterprise Engineering read a letter to the Council noting Enterprise Engineering's proposal of June 16, 1986 to formulate a water and sewer management plan for the City of Morro Bay is withdrawn. Mr. Palmer referred to a joint meeting between the Morro Bay City Council and the San Luis City Council concerning water. He said water rights could be compared to patents and copyrights; the first one there has the rights and Morro Bay should move quickly to use the water. Mr. Palmer pointed out that during out that the City's computer has program. He drew some conclusions able to correct some mistakes. the budget discussion it came some flaws and a very limited stating that the City is not He said there has been no MINUTES - MORRO BA.ITY COUNCIL REGULAR MEETING - JULY 14, 1986 PAGE 2 direction from City Council to City staff to investigate and come back with some conclusions as to what the potential use could be and suggestions for a more viable program. PRESENTATIONS 1. 1986 NATIONAL AUTOMOTIVE TROUBLE -SHOOTING TEAM Mayor Zeuschner read the proclamation and made the presentation to Robert Ruppert, Frank Rodgers and John Ruppert. John Ruppert thanked the City Council for the presentation and reported on the National Automotive Trouble -Shooting Team contest and how the team first qualified for the State Championship and then later went on to become National Champions. 2. CITY OF MORRO BAY'S 22ND ANNIVERSARY Mayor Zeuschner announced that Morro Bay's first Mayor, Jack Surfluh was present. Mayor Zeuschner presented Mr. Surfluh with a Key to the City. Mr. Surfluh thanked the Mayor for the Key to the City and made a short speech. Mayor Zeuschner then recessed the meeting for 5 minutes to allow everyone to partake of cookies and punch in honor of the City°s 22nd Anniversary. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 AMENDMENTS TO FY 86-87 CITY BUDGET (WATER AND SEWER FUNDS) RESOLUTION NO. 73-86 Mr. Napper briefly reviewed the staff report. Mayor Zeuschner then opened the public hearing. The following people then came forward to give public testimony: Carl Rach, Hugo Hemp, Charles Palmer, and Mary Phillips. One of the questions asked was if the City not has appeal rights as it was the general feeling that the sewage treatment plant was not polluting the Bay. Mayor Zeuschner responded to this question saying that no, we did not have appeal rights. He felt that the Bay pollution was a combination of things, but the EPA says the City must chlorinate our water rather than take a chance. He feels that in about a year or so that it really may not have much effect. Mr. Hemp of the Cypress Trailer Park was concerned about an increase in water rates and wondered if it couldn't be averaged out as the City is usually concerned about the people on a fixed income. MINUTES - MORRO BA: .YITY COUNCIL REGULAR MEETING - JULY 14, 1986 PAGE 3 Mr. Palmer expressed concern about the number of boats in the Bay and the number of people who were living on the boats. He felt that the raw sewage from the boats could be contributing to the problem. In response to this concern it was noted that some of the people living on boats were in county waters, plus there were 52 agencies involved in authority over the Bay. Mrs. Phillips felt that by our accepting a large percentage of funds from the EPA for the sewage treatment plant we had set ourselves up to either do it right or do it their way. The public hearing section was closed and the matter went back to Council. MOTION: Councilmember Sheetz moved that the City Council adopt Resolution No. 73-86; it was seconded by Councilmember Miller with Councilmember Kaltenbach voting no. Motion carried (4-1). In the following discussion it was noted by Councilmember Risley that most of the discussion regarding this item had taken place in the past. He mentioned that there were several budget hearings that were open to the public for input, and stated the sewer treatment plant is also partly controlled by Cayucos and the Morro Bay City Council meets periodically with the Cayucos Sanitary District Board and the problems with the sewer are thoroughly discussed in those meetings. Councilmember Risley stated that the EPA, State Health Dept. and the Regional Quality Control Board had an all day conference in Morro Bay earlier this year where it was stated Morro Bay sewage should be chlorinated. After hearing this data, the Engineer from the Quality Control Board said this data was inaccurate and yet the EPA still gave the order to chlorinate. Councilmember Kaltenbach felt we were top heavy with bureaucracy and totally disagreed with EPA and said that he would vote no on the item. A-2 CONSIDERATION OF BEACH STREET SPECIFIC PLAN AND OTHER MINOR AMENDMENTS TO THE ZONING ORDINANCE (CASE NO.LCP 02-86 A & B) RESOLUTION NO. 76-861 AND ORDINANCE NO. 288 - FIRST READING Mr. Bugher, Acting Community Development Director, reviewed the changes in the zoning ordinance and gave an overhead presentation showing the areas being discussed. Councilmember Sheetz asked if the underground utilities shouldn't be put in before streets widened and sidewalks put in. Nick Nichols, Public Works Director, said phase 4 undergrounding of utilities. Accelerating this part of the project could create some problems as this might shift the street slightly when putting in curbing and sidewalks. MINUTES - MORRO BA.. CITY COUNCIL REGULAR MEETING - JULY 14, 1986 PAGE 4 Mayor Zeuschner said in adding up the 4 phases he came up with a $300,000 figure for these improvements and asked if Dave Bugher could give him a more accurate figure. Dave said he could do so a little later in the meeting. Mayor Zeuschner opened the public hearing. The following people came forward with public testimony: Vern Ford, Hugo Hemp, Rudy Hester and Delma Smith. Some of the concerns expressed were with regard to the 90% parking which might be insufficient for a 28 ft. motor home; the owner of the Cypress Trailer Park said the Park is divided into two different zones, R-2 and C-1 , and he wondered if this would ever be a problem; there are a number of large trucks traveling around in this area; and some of the homeowners wondered when all this work might be done. Mayor Zeuschner said that the State would not allow the City to stop large trucks from going anywhere in the City. He suggested speed bumps might be of some help in slowing trucks down in a residential area. As to the completion time for the project, it will be a while; possibly 3 or 4 years. Dave Bugher estimated the changes to cost around $450,000. Nick Nichols said according to the plan they would need to add 25% and that would bring the cost to $570,000. Public hearing closed and the item returned to Council. Councilmember Risley asked Dave Bugher to describe the process staff went through to arrive at this point. Mr. Bugher stated the process began before he came to the City. He said Mike Multari, the former Community Development Director, received a request from the Trade Winds Motel for a zone change. It was decided to prepare a more comprehensive plan rather than one by one zone changes. Mr. Multari submitted the request to the Planning Commission and, in September of 1985, they began to develop a specific plan with a study session and public hearing. Further analysis of the area was conducted by City staff and draft plans prepared and submitted to the Planning Commission for another study session in January through March of 1986. At this time some ideas were formulated for the specific plan and were presented to the Planning Commission in June of this year for their review and analysis, and from that you have the plan presented tonight. Councilmember Risley stated that in the end the Planning Commission unanimously adopted the plan with the exception of the Bread and Breakfast submittal and deciding not to remove the trees on Beach street on the bluff. MINUTES - MORRO BAITY COUNCIL REGULAR MEETING - JULY 14, 1986 PAGE 5 Mayor Zeuschner asked if Council adopted the plan before them tonight, would it prevent them at a later time from adding items regarding RV parking, loading zones, bumps, stop signs, etc. Mr. Bugher said he thought not, as those are minor or technical changes which could be worked out with staff. He also suggested they could request those items be added into the plan and staff could bring the plan back later for Council review. Mr. Bugher said the Trailer Park is zoned R-2 and C-1 and the C-1 is non -conforming at this time, through oversight or whatever, but he felt they could take a look at it later on. It does not effect the operation of the trailer park. Councilmember Sheetz said the origination of this plan came about when she was on the Planning Commission and that is why it was brought up because if the Trade Winds Motel had burned down they would not have been able to build again without a zone change. She asked if the R-2 portion of the trailer park were destroyed, would they be able to operate again? Dave Bugher said that if they obtained their Conditional Use Permit, they could continue to operate. Councilmember Sheetz felt if the plan is to be revised, they should address the matter of zoning for the trailer park. She felt it would be better to bring the item back to Council at a later date after addressing this problem and the problem of RV parking. Mayor Zeuschner suggested that a motion to that effect could be made. Mr. Napper stated if Council adopted this plan, it does not obligate them to fund the public improvements. As staff indicated, it could be done over a phasing period with a number of alternatives for financing: pay as you go; borrowing; or assessment fees. Councilmember Risley stated the problems brought up were relatively minor considering the scope of the entire plan. He didn't see any rush to adopt the plan, however the specific plan was a very impressive piece of work. There was a lot of public input and he feels the Plan has been adjusted to meet the criticism of the public. He noted if a plan like this in effect, the Biaggini motel at the end of the Embarcadero would not be 15 feet above the bluff. This plan does limit the height of the building below the bluff to the height of the bluff. He feels a copy of this plan should be sent to the Harbor Commission so they will get a Harbor Master Plan in motion. He praised the Planning Commission for getting the document to the Council and praised staff who had really examined the problems and worked out ways for Morro Bay to become a better City. MINUTES - MORRO BA_'ITY COUNCIL REGULAR MEETING - JULY 14, 1986 PAGE 6 MOTION: Councilmember Sheetz made a motion to adopt Resolution 76-86. It was seconded by Councilmember Risley and unanimously carried. (5-0) MOTION: Councilmember Sheetz moved staff prepare an amendment to the plan, i.e. parking, motel for Planning Commission review and comment, and then return to Council. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) MOTION: Councilmember Sheetz moved that Ordinance No. 288 be read by title and number only; it was seconded by Councilmember Risley and unanimously carried. (5-0) Mr. Napper read Ordinance No. 288 by title and number only. MOTION: Councilmember Sheetz moved for the adoption of Ordinance No. 288 as first reading. It was seconded by Councilmember Risley and unanimously carried.(5-0) A-3 CONSIDERATION OF ORDINANCE NO. 286 AMENDING THE MORRO BAY MUNICIPAL CODE TO INCREASE COUNCIL COMPENSATION - FIRST READING Mr. Napper reviewed this item stating Councilmembers and the Mayor receive $150 month compensation which was established in April 1966, and since that time has not been increased. The State Legislature adopted Senate Bill 2281 which now allows general law cities like Morro Bay to increase Councilmembers compensation without going to a vote of the electorate. Councils can only do this until the last day of December of this year, after that time period it will require a vote of the electorate before Councilmembers' compensation can be increased. The maximum the compensation can be raised to is $300 a month. This action would take effect at the end of December and would not affect this Council as a body. The increase has been included in this year's fiscal budget, $4,500, to fund this increase if the Council so desires. Mayor Zeuschner opened the public hearing. No public comment was presented. Councilmember Risley stated this matter had come to Council before and at that time did not go forward. He felt it should go on the ballot to be voted on, but would vote yes at this time. Councilmember Kaltenbach agreed the matter should go on the ballot, but noted it was too late for the November election; he would vote no. MINUTES - MORRO BA\L CITY COUNCIL REGULAR MEETING - JULY 14, 1986 PAGE 7 MOTION: Councilmember Miller made a motion to read by title and number only. Councilmember Sheetz seconded the motion. Unanimously carried. (5-0) Mr. Napper read by title and number only. MOTION: Councilmember Miller made a motion to adopt as first reading. It was seconded by Councilmember Sheetz and carried with Councilmember Kaltenbach voting no. (4-1) A-4 CONSIDERATION OF ORDINANCE NO. 287 AMENDING MORRO BAY MUNICIPAL CODE TO PROVIDE FOR HARBOR COMMISSION COMPENSATION - FIRST READING Mr. Napper noted Council had appropriated money in the FY 86-87 budget for Harbor Commissioners to receive $20 per meeting up to 2 meetings per month, however, the Ordinance for Harbor Commissioners must be amended before the Commission can receive the compensation. The Harbor Commission has reviewed and made the recommendation that Council make this modification and they have also made a change that would affect the qualifications of the Harbor Commission, which he explained. Mayor Zeuschner opened the public hearing. No public comment was given on this item. MOTION: Councilmember Kaltenbach made a motion to read by title and number only, it was seconded by Councilmember Risley and unanimously carried. (5-0) Mr. Napper read by title and number only. MOTION: Councilmember Kaltenbach moved to adopt first reading. It was seconded by Councilmember Risley and unanimously carried (5-0). A-5 WATER ADVISORY COMMITTEE PRESENTATION REGARDING WATER CONSERVATION PROGRAM Mayor Zeuschner introduced Grace Melton, Chairperson of the Water Advisory Committee. Mrs. Melton explained the Committee's program to conserve water during the months of July, August and September. She then introduced Bill Mazzacane, one of the committee members. Mr. Mazzacane outlined a 10 point program for the water awareness program for this summer. He asked that City Council declare July, August and September as water awareness months; basically the program was much as outlined last year. He indicated that with assistance from the Public Works Department, the Sun Bulletin, and the Motel Association they would distribute news and tips for water conservation. MINUTES - MORRO BA1 "ITY COUNCIL REGULAR MEETING - JULY 14, 1986 PAGE 8 Councilmember Miller asked if the Motel Association was involved in designing the cartoon on some of the material. Mr. Mazzacane indicated they were not but would try to get their involvement if some of them did not like the cartoon now in use. Councilmember Miller also mentioned some billboards he had seen that were very tastefully designed and had referred them to Grace Melton hoping they might be able to incorporate them into the water awareness/conservation plan. He said they would need only 4 or 5 signs to cover the main streets. Grace Melton thought it was a good idea. The following people made comments about the water conservation plans Mr. Lane, Mrs. Phillips, Mr. Rach, Mr. Palmer and Mr. Hemp. Some of the comments dealt with criticism of increased motel building while increasing rates, and no real water conservation planning. Mr Rach said he had seen water running down the street in f ront of City Hall every day from the library sprinklers. He is wondering why drip systems have not been put in. They are so much more effective and there is no run off or waste. Reference was made to water management in the City of San Luis Obispo and it was felt it would produce a considerable amount of water for them; perhaps not as much for Morro Bay with an identical plan because we are smaller, but it would produce some water for Morro Bay. Mayor Zeuschner said he or Grace Melton or any member of the Water Advisory Committee would be happy to sit down with any citizen and explain the program/problems etc. Councilmember Kaltenbach said the Water Advisory Committee members put in a lot of time and effort. He felt this City Council had done more to conserve water than any other City Council; they had been real involved and cared. MOTION: Councilmember Kaltenbach moved to adopt the Water Advisory Committee recommendations; it was seconded by Councilmember Risley and unanimously passed. (5-0) Councilmember Risley addressed some of the criticisms and felt some of it was justified. He stated the City is confronted with the problem every year, unless it rains at the appropriate time as it did last year to save us. This could lead to water rationing or other measures. Councilmember Sheetz wanted it to go on the record (in response to some of Mr. Lane's statements) that this City Council was not responsible for all the motels now being built; some were approved as much as three years ago. They waited their turn for MINUTES - MORRO BA -CITY COUNCIL REGULAR MEETING - JULY 14, 1986 PAGE 9 water. Some were remodels and some were new. was incorrect in some of his statements. She felt Mr. Lane A-6 CONSIDERATION OF RESOLUTION NO. 68-86 AMENDING SCHEDULE A OF LEASE AGREEMENT ON LEASE SITES 57-61/57-61W (MB YACHT CLUB) Mr. Davis explained the discrepancy in the original billings of the Morro Bay Yacht Club. These figures have been corrected so the proper amount is being paid at this time. This corrected figure is retroactive to January 1 of this year when the Yacht Club was notified of the error. The money previously lost is not retrievable, as the Yacht Club paid the amount specified on the lease. MOTION: Councilmember Sheetz made a motion to adopt Resolution No.68-86. It was seconded by Councilmember Miller and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-1 RESOLUTION NO. 70-68 APPROVING TEMPORARY EXTENSION OF INTERIM LEASE AGREEMENT, A1-4 MOORING ZONE (MB MARINA) Mr. Davis indicated that a new lease agreement has been completed by the City Attorney, however, the agreement has not yet been submitted to the Harbor Commission or Council for review. Development of the lease took much more time than anticipated, so an additional interim lease needs to be granted. Mr. Davis asked for 4 additional months for approval of the new lease. Councilmember Kaltenbach indicated he could see no reason for an additional 4 months after the time already granted. Mr. Davis explained the document was complex and 50 pages long, so it has taken some time to prepare. Had also tied review of this document in with some other leases to be reviewed so it could all be taken care of at once. Councilmember Kaltenbach also asked about the harbor site inspections, saying he understood Council would have a completed report in their hands sometime in the month of June of this year. Mr. Davis said the last he heard from the lease code inspectors was they were finalizing their reports at this time, and Mr. Davis is just waiting for the delivery of the reports which will then be brought before Council. MOTION: Councilmember Miller made a motion to extend the lease for no more than 4 months and adopt Resolution No. 70- 86. It was seconded by Councilmember Sheetz and unanimously passed. (5-0) MINUTES - MORRO BAD :ITY COUNCIL REGULAR MEETING - JULY 14, 1986 PAGE 10 i� RESOLUTION NO. 71-86 APPROVING —TEMPORARY EXTENSION INTERIM LEASE AGREEMENT LEASE SITE 51-51W (ASSOCIA EL) PACIFIC CONSTRUCTORS) OF Mr. Napper reviewed this matter which grants an additional 4 months to the lease and provides no guarantees that the lessee would actually obtain a long term lease. It does give the City revenue during this period. MOTION: Councilmember Sheetz moved for adoption of Resolution No. 71-86. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) C. NEW BUSINESS C-1 REFUSE FRANCHISE BOARD REQUEST FOR CLARIFICATION ON REFUSE RATE STRUCTURE Mr. Nichols gave some statistics on the rate changes and indicated they had quite a number of applications for one can service and anticipated more. A program arose as to whether each residential dwelling unit should be categorized as a residential unit subject to the appropriate rate. Currently the charges are tied to the water meters and several buildings have more than one unit on a water meter. The Refuse Board recommends each dwelling unit be subject to the residential unit rate. Councilmember Sheetz asked how many residences were affected by this. Mr. Nichols said he did not know; the Garbage Company said there were several, but they do not have a count. He has requested a count. Mayor Zeuschner said it made sense to treat on an individual basis. Mr. Nichols explained that anything over four units was treated as a commercial service so they were just talking about duplexes or triplexes. Mayor Zeuschner asked that staff prepare for next meeting an amendment which includes the Refuse Franchise Advisory Boards recommendation on treating each of those dwelling units as a separate unit. C-2 REQUEST FROM WATER ADVISORY COMMITTEE FOR CHANGE TO BOARD STATUS Mr. Nichols this matter noting the Committee's request for a change in name status. MOTION: Councilmember Risley moved that the name be changed to Water Advisory Board and the by-laws be amended to reflect this change. The motion was seconded by Councilmember Sheets and unanimously carried. (5-0) MINUTES - MORRO BAD CITY COUNCIL REGULAR MEETING - JULY 14, 1986 PAGE 11 C-3 RESOLUTION NO. 79-86 AUTHORIZING GRANT APPLICATION TO THE COASTAL COMMISSION FOR FURTHER BAY ESTUARINE MANAGEMENT Mr. Napper briefly explained the situation on these grants. He stated Mr. Multari developed the grant application in the agenda package tonight. MOTION: Councilmember Risley moved they adopt Resolution No. 79-86. It was seconded by Councilmember Miller and unanimously carried. (5-0) C-4 RESOLUTION NO. 74-86 AUTHORIZING THE EXPENDITURE OF DEVELOPER'S GUARANTEE BONDL— AND RESOLUTION NO. 75-86 RESCINDING THE NOTICE OF COMPLETION RECORDED FOR OFF -SITE IMPROVEMENTS - TRACT 729 (BAYSHORE VILLAS) Ms. Skousen explained the Bayshore Bluffs Park has not opened because the contractor has not completed the park. The developer's bonds were released with the City only keeping 10%, as the items were so close to completion. The developer ran into some financial problems and and was unable to complete the items on the check list. Ms. Skousen explained how the City could bring suit against the developer and his lending institution and deflect some of the liability away from the City. She said also if Council would adopt Resolutions 74-86 and 75-86, the City could complete as many items as possible with that money. MOTION: Councilmember Risley moved to adopt Resolution No. 74- 86. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) MOTION: Councilmember Risley moved for the adoption Resolution No. 75-86. It was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE SPECIAL MEETING OF JUNE 19, 1986, THE REGULAR MEETING OF `JUNE 23, 1986, THE ADJOURNED REGULAR MEETING OF JUNE 26, 1986, AND THE STUDY SESSION OF JUNE 3011986 Mr. Napper recommended the minutes be approved as submitted. D-2 RESOLUTION NO. 72-86 UPHOLDING PLANNING COMMISSION DENIAL OF AN APPLICATION FOR A VARIANCE TO ALLOW A TRAILER AS AN ADDITION TO AN EXISTING NON -CONFORMING USE; VAR 09-861 GENE STANLEY Mr. Napper recommended that Council adopt Resolution No. 72-86. MINUTES - MORRO BA�,:ITY COUNCIL REGULAR MEETING - JULY 14, 1986 PAGE 12 D-3 RESOLUTION NO. 78-86 AWARDING CONTRACT FOR ADMINISTRATIVE SERVICES FOR CDBG HOUSING REHABILITATION PROGRAM Mr. Napper recommended that Council adopt Resolution No. 78-86. D-4 REJECTION OF BIDS FOR FIRE SQUAD TRUCK Mr. Napper recommended that Council reject all bids for a new Squad Fire Truck, and authorize staff to modify and readvertise for bids. D-5 RATIFICATION OF COASTAL DEVELOPMENT PERMIT APPLICATION FOR REPLACEMENT OF NUTMEG WATER TANKS Mr. Napper recommended that by minute order, Council ratify the filing of an application for a Coastal Permit with the Coastal Commission for the Nutmeg Water Storage Tank project. D-6 RESOLUTION NO. 67-86 APPROVING LOCAL TRANSPORTATION (LTF) CLAIM AND STATE TRANSIT ASSISTANCE (STA) FUND CLAIM FOR FY Mr. Napper recommended that Council adopt Resolution No. 67-86. D-7 RESOLUTION NO 69-86 COMMENDING FRANK RODGERS, ROBERT RUPPERT, AND JOHN C. RUPPERT FOR AN AWARD WINNING TEAM EFFORT AT THE 1986 NATIONAL AUTOMOTIVE TROUBLE -SHOOTING CONTEST Mr. Napper recommended that Council adopt Resolution No. 69-86. Councilmember Risley asked that D-1 be pulled. MOTION: Councilmember Miller moved that items D-2 through D-7 be approved. It was seconded by Councilmember Kaltenbach and unanimously approved. (5-0) Councilmember Risley said with regard to the minutes from the last meeting on the Biaggini Motel, he thought the construction was to take place within 2 weeks; it doesn't appear in the minutes that way. Councilmember Sheetz said she recalled him saying it would take a couple of days to build but it would take a couple of weeks to get the people together. Councilmember Kaltenbach said he had been there on Saturday and he had not started. Nick Nichols indicated they had not approved the drawing and were still waiting for one. He said he had talked with them last week and indicated he would call on Tuesday to see how they were coming along. Councilmember Risley expressed the opinion that in view of his past history, he probably didn't intend to do it at all. MINUTES - MORRO BAi ITY COUNCIL REGULAR MEETING - JULY 14, 1986 PAGE 13 Mr. Napper said he would have to listen to the motion on the tape to see what the motion actually said. Mr. Napper was not aware the plans had not been approved. He said the performance bond is sufficient to cover it, actually it is 150% of the construction costs and he said by August the City would know what the Coastal Commission had decided to do on the matter. Mr. Nichols indicated the plans had been approved in concept, it was just getting a handrail on the staircase that meets the building code. The architect had promised to bring over a drawing and had not done so. Mr. Napper said he would contact Mr. Biaggini tomorrow and bring a report back to the next meeting. Mr. Napper said he was hesitant to amend the minutes until he had actually listened to the tape. MOTION: Councilmember Risley moved to adopt item D-1. It was seconded by Councilmember Miller and unanimously approved. (5-0) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL 1. Councilmember Risley asked about lease site inspections saying there was to have been a report by the end of June. Mr. Napper said he had no report and it was taking longer than thought to put their findings down in writing. Mr. Nichols said it had been about 2 weeks since he had talked with them, the inspections were completed and they were just waiting for the reports. He said he would call them in the morning and find out what their schedule is for submitting them. 2. Councilmember Risley referred to a joint meeting with the San Luis City Council on the diversion plan and the ability to use Whale Rock, and indicated that on Thursday they would meet with the Whale Rock Commission and if all goes well there it will go to a feasibility study. Councilmember Risley suggested that they authorize Rose Marie Sheetz to attend a meeting the Governor is holding on July 31 in Santa Maria and see if she could get an audience with the Governor which could include herself, Mayor Zeuschner, the Mayor of San Luis Obispo and one other San Luis Obispo representative, Bill Coy from the County, and both cities' Water Engineers and City Administrators. He feels it would really help the water situation and since it is an election year the Governor might be more sensitive to the idea. MOTION: Councilmember Risley made a motion to authorize Mayor Pro Tem Rose Marie Sheetz to pursue the matter of setting up a meeting with the Governor to try and MINUTES - MORRO BAx ITY COUNCIL REGULAR MEETING - JULY 14, 1986 PAGE 14 obtain his support for our water project. It was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) 3. Mayor Zeuschner asked Mr. Napper about the question brought up during the public oral comments section regarding the status of the contract of the Board of Supervisors Animal Control Services. Has that contract been signed yet? Mr. Napper said he didn't know the answer but gave a little background concerning the contract. E-2 CITY ADMINISTRATOR 1. Mr. Napper introduced Resolution 80-86, a resolution endorsing Peoples Self -Help Housing Corporation of San Luis Obispo County application for funds for the elderly and handicapped. He explained a bit about the project and said there were two members of the group in the audience who would be happy to answer questions. Following a short discussion among the Council, Mrs. Duncan came forward to tell them about the project. MOTION: Councilmember Sheetz moved they adopt Resolution 80-86. It was seconded by Councilmember Risley and unanimously carried. (5-0) 2. Mr. Napper's second item was a letter he handed to the Council earlier in the evening, it was addressed to Daniel J. McCarthy the Director of the State Dept. of Corrections. The letter outlined some problems that the City of Morro Bay and City and County of San Luis Obispo are experiencing due to the overcrowding at the California Mens Colony. Mr. Napper indicated he had met with the County Administrative Officer, Supv. Bill Coy, and the Mayor and City Administrator of San Luis Obispo. They were hoping Morro Bay would send a letter to the California Dept. of Corrections that while we realize the problem, and do not like it anymore than they do, there needs to be a limit on the number of inmates. The letter could include a request for a commitment to the fact that as soon as they have new prisons, the California Men's Colony would be among the first to have men moved to those facilities. Mr. Napper asked for direction from Council regarding what their action might be to signing this letter. The letter signing needed Council approval as there is the possibility of litigation if the Dept. of Corrections does not take into account the requests in the letter. Mayor Zeuschner said that if Council approved the letter he would be happy to sign it. MOTION: Councilmember Risley moved the Mayor be authorized to sign a letter as outlined by Mr. Napper. The motion MINUTES - MORRO BA', LITY COUNCIL REGULAR MEETING - JOLY 14, 1986 PAGE 15 was seconded by Councilmember Sheetz and carried with Councilmember Miller voted no. (4-1) 3. Mr. Napper stated he had attended a meeting before the San Luis Obispo Area Council on Transportation. The City went before the Council to petition for additional funding in the amount of $18,101 due to the Governor's budget cut in the transit budget. The request was approved by the Area Council on an 8-1 vote. E-2 CITY ATTORNEY None F. ADJOURNMENT MOTION: Councilmember Risley moved the meeting adjourn to closed session. It was seconded by Councilmember Kaltenbach and unanimously carried. (5-0) Mayor Zeuschner announced the closed session was being held regarding personnel, and property negotiations concerning property at 955 Shasta Street, Morro Bay (Government Code Section 54956.8.). The meeting adjourned at 10:36 p.m returned to regular session at 11:40 p.m. MOTION: Councilmember Sheetz move the meeting be adjourned. The motion was seconded by Councilmember Risley and unanimously carried. (5-0) The meeting adjourned at 11:49 p.m. Recorded by: Elane Novak Deputy City Clerk