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Home My WebLink AboutJanuary - Decemberi f City of Morro Bay City Council Agenda Mission Statement The Cite of Alorro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public SPECIAL N EETING - DECEMBER 18, 2000 VETERANS HALL - 5:00 P.M. 209 SURF ST., bIORRO BAY, CA A. ESTABLISH QUORUM AND CALL TO ORDER ® B. - PUBLIC COMMENT PERIOD C. STATUS REPORT TO COI YNCIL D. PRESENTATION BY SHELL OF SUBPOENAED DOCUMENTS E. APPOINTMENT OF FIEARIi\'G OFFICER FOR ABATEMENT HEARING SCHEDULED FOR JAN11 1ARY 3 2001 AT 6 00 P.M. AT THE COMMUNITY CENTER A LTI PURPOSE ROOM F. ADJOURNMENT • Dec.14. 2000 WPM HUNT & ASSOCIATES 805/594-1295 hlo.0030 c• 1 HUNT & ASSOCIATES MEMORANDUM 1 TO: HONORABLE MAYORAND DATE: DECEMBER 14, 2000 CITY COUNCIL OF CITY OF MORRO BAY FROM: ROBERTSCHULTZ CLT/MTR: CMBCTY.PW CITY ATTORNEY -- MTBE ISSUES SUBJECF: HEARING REGARDING MTBE ON DECEMBER 18, 2000 P. 2 Pursuant to your direction, our office prepared and issued subpoenas to the following individuals: 1. Roger L. Ebert, President and CEO of Motiva Enterprises LLC 2. John Boles, President of Equiva Trading Company 3. Chuck Flagg, Refinery President, Martinez Refining Co. 4. Steven J. Miller, President and CEO of Shell Oil Co. 5. Rob Routs, Pres and CEO, Equilon Enterprises LLC 6. John A. Darnley, VP, Sales, Equilon Enterprises 7. Joe Papo, Commercial Fuel Sales, Equilon Enterprises LLC 8. Bob Pease, General Manager, Equilon Enterprises LLC 9. Ernest Polk, National Acct. Manager, Equilon Enterprises 10. Christine White, Regional Manager, Equiva Services LLC 11, Curtis Stanley, Equilon Enterprises 12. Joanna Pedley, Equilon Enterprises 13. Edward Paden. Equiva Services, LLC 14. Cameron Smyth, Equiva Services LLC 15. Greg Abenido, Manager for Shell Service Station in Morro Bay We have also demanded that they bring the following documents: 1. Any and all writings (as that term is defined in Evidence Code §250) that deal with, document, refer to or memorialize all statements or utterances made by or on behalf of any and all parties herein concerning the real property and/or the Notice of Violation in the last five (5) years. 2. Any and all writings (as that term is defined in Evidence Code §250) that deal with, document, refer to, or memorialize any statements, comments or writings by a witness or any individual who purports to be a witness or any other person whom you believe has information regarding The Notice of Violation in the last five (5) years. 3. Any and all photographs, films or videotapes depicting or purporting to depict the real property in the last ten (10) years. 4. Any and all documents and/or reports from Miller Brooks Environmental Inc. PAGE 1 OF 4 MEMO TO MAYOR AND COUNCIL DEcmma 14,2000 D.c•I 2000 1:19Fh1 HUNT & ASSOCIATES o05/E?-'. 12?� No•0030 F• 3 regarding. the real property. 5. Any and all documents and/or reports from Veeder-Root Company regarding the real property. Any and all documents and/or reports from Milligan Testing & Service, Inc. regarding the real property. Any and all documents evidencing any repair, alteration, addition, or other change made to the real property in the last 10 years. S. Any and all documents evidencing the schedule for pump -outs at the Shell Station site, the quantity of water pumped out, results of any tests for chemical constituents (i.e. MtBE, BTEX, etc...) of the water pumped out, the credentials of the testing entity the samples taken, the precise destination of the pumped out water and, chain of custody of any contaminants. 9. Any and all documents supporting your contention. that contamination levels on -site are substantially decreasing from initial readings. 10. Any and all documents that support your contention that the tanks, lines, pipes, etc. on the subject property are not releasing any MtBE or gasoline into the soil and groundwater. 11. Any and all test results for the pumped out water which establish the levels of contamination on the subject property. ® 12. Any and all documents evidencing, including but not limited to, any failure of any on -site monitoring systems at the subject property, including dates, nature of failure, corrective action taken, reports filed with any regulatory agencies. 13. Any and all documents regarding the specifications for all monitoring sensors/apparatus indicating specific detection limits and levels of accuracy/tolerance for each device, i.e. at what level/reading would the on -site systems detect releases. This request applies to each monitoring/detection system in each separate component of the tanks, pipes, vapor lines, interstitial spaces, external areas on the subject property. 14. Any and all documents which support your contentions that all monitoring systems on the subject property are operational, working properly, "Cadillac" and would have registered any releases of gasoline and/or MtBE if they occurred. 15. Any and all documents reflecting, referring or embodying of any readings of any pressurized systems, pipes, lines, tanks on -site. Indicate whether or not the readings are considered normal and explain any anomalies in the readings if not normal. Indicate the dates/times of any anomalies and provide documentation for any corrective action taken. 16. Any and all documents which support your contention that systems monitoring pressurization of on -site systems on the subject property also would provide an indication of an inadvertent product release. PAGE 2 OF 4 MEAfO TO MAYOR AND COUNCIL DmcroscR 14,2000 i C Dec•14. 2000 4:1''?M HUNT & ASSOCIATiS H5/59S 12?5 No•0030 P• 17. Any and all documents pertaining to any spill prevention/containment and remediation procedures currently in place at the subject property, including but not limited to, any specific training provided to on -site employees, names of employees trained, work schedules, and/or contingency plans. 18. Any and all documents which identify any specific actions that have been taken at the subject property in the last 5 years to reduce the possibility of accidental spills. Identify any reports that have been filed in relation to any spills that have occurred on -site in the last 5 years. Identify date/quantity of any spills that have occurred on -site in the last 5 years. Provide the names and contact information for all station employees trained in spill prevention/containment procedures who have worked on -site in the last 5 years. 19. Any and all documents that support your contention that an inadvertent spill of as little as 5 gallons of gasoline could have caused the extensive contamination on and off -site of the subject property. 20. Any and all documents that describe the steps that have been taken by Shell to prevent and/or contain and remediate any spills referenced in No. 19 and steps undertaken to avoid future contamination on the subject property and surrounding area. 21. Any and all documents that evidence detailed product inventory records from 12/98 to the present for each grade of gasoline sold at the subject property showing product deliveries in gallons, product sold in gallons and any discrepancies between deliveries and sales. 22. Any and all documents that support your contention that there have been no system failures on the subject property that could have caused the on and off - site contamination. 23. Any and all documents evidencing the product inventory records that establish the product in and product sold. 24. Any and all documents evidencing the specific equations, methodology, assumptions, and data used to calculate the potential amount of gasoline allegedly spilled on -site that has allegedly caused the soil, groundwater and bedrock contamination on and immediately adjacent to the subject property. 25. Any and all documents related to the ,March 1990 Tank Removal Report 26. Any and all documents related to the communication interruption cited in the November 1999 Simplicity Company Monitoring System Report. 27. Any and all documents containing or reflecting communications between you and any other party related to the subject property in the last five years. 28. The names, addresses, and telephone numbers of any and all persons that are and were employed by Shell Gas Station located at 1940 Main Street, Morro Bay, California for the past five years. PAGE 3 or 4 MZMO TO MAYOR AND COUNCIL DEcrNism 14, 2000 7- r %?, Dec•14. 2000 4:1°PM HUNT & ASSOCIATES 305/594-1205 NO.0030 P. 5 As you can see, the list of individuals and documents are extensive. At this time, we have already served some of the corporate executives in Texas and in California. However, we do not Imow the extent of the witnesses who will appear on Monday. RWS/vj cc: Robert Hendrix, City Manager s:rnycmbcry. sdmcNmc001114.mm RWS FACE 4 OF 4 MEMO TO MAYOR AND COUNCIL DEcENieER 14, 2000 MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - DECEMBER 18, 2000 VETERANS MEMORIAL HALL - 5:00 P.M. PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney Barry Groveman Special Counsel Bridgett Bauer City Clerk Greg Fuz Public Services Director Jeff Jones Fire Chief Larry Kraemer Civil Engineer PUBLIC COMMENT ® Shirley Bianci, San Luis Obispo County Board of Supervisor, District Two, stated there is a problem with MtBE contamination in the City of Morro Bay and other communities in this County that deserve an ammicable resolution. Bill Woodson stated Morro Bay has become disenchanted with the services of Shell Oil and the way they have declined to treat the MtBE leak in Morro Bay. Terren Collins, Chair of the Santa Lucia District Sierra Club and Attorney for San Luis Obispo County Chum8lf Council, stated Shell Oil has created this environmental contamination and exhibit corporate irresponsibility by their bad tactics. Pamela Marshall-Heatherington, Executive Director of the Environmental Center and Health Commissioner of San Luis Obispo County, encouraged the City to hold Shell Oil responsible for the MtBE contamination in the City. STATUS REPORT TO COUNCIL Greg Fuz, Public Services Director gave an overview of the status of the MtBE contamination from the Shell Service Station on Main Street and Highway 41 in Morro Bay. ® MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - DECEMBER 18, 2000 City Attorney Robert Schultz reviewed the legal activities that have taken place and are undergoing with Shell Oil regarding the MtBE contamination in Morro Bay. He said subpoenas delivered to Shell Oil representatives not within the State of California were quashed in Court today, and the matter was continued to January 4. 2001 regarding subpoena power. Mr. Schultz hand -delivered subpoenas to David Burrow, Cameron Smythe, Christine White, and John Van Orden at this meeting to produce documents to the City by December 28, 2000. Barry Groveman, Special Counsel, stated the City has made every conceivable effort to resolve this situation with Shell Oil. He said there are daily on -going violations with the City ordinance and State laws involving discharge to the soil, storage in the soil with no permit, nuisance and interference to the City. Mr. Groveman stated Shell Oil representatives have said they would like the City to allow the wells to be used as the treatment center. He said this would include drawing all the contamination to the City's ® clean wells and then begin treating them at the well -head. Mr. Groveman stated they want to remove the contamination to 5 parts per billion, take pristine wells and contaminate them, and then reduce them to a certain level. He also noted Shell Oil will use huge volumes of City water in this process which will be pumped into the City's sewer system. Mr. Groveman stated Shell Oil has told the City to use the wells at their own risk, and also noted not one requested document has been provided to the City by Shell Oil. Fire Chief Jeff Jones reviewed the interview with a Shell Station employee that took place at the station on December 13, 2000. He said the interview consisted of training that takes place in the case of a chemical spill or leak. Chief Jones stated the employee noted there is no specified employee training involving chemical spills. Mr. Fuz noted during the interview, the employee responded when the alarm sounds for the underground fuel leak detection. system; they usually hit the silencer button because it means the fuel is low. He said the employee also noted the alarm has been going off quite often. COMMENTS BY SHELL/EQUILON REPRESENTATIVES David Burrow, General Manager for Equilon, 2255 N. Ontario Street, Suite 207, Burbank, California, stated he is responsible for making the business and financial decisions for the Shell Oil, Texaco retail and Equilon business in Central and Southern California. Mr. ® Burrow stated Equilon is committed to the City to clean the MtBE threat to the community, and will begin remediation within the next week. He said there are some 2 ® MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - DECEMBER 18, 2000 disagreements between the City and Equilon with regard to replacement water, reimbursement costs and indemnity language. Mr. Burrow stated Equilon bought out the independent operator of this service station in June 2000. He said he is confident the leak was not caused by any underground leak. Mr. Burrow stated the clean-up requirement by the Department of Health Services and regulatory agencies requires the removal of 5 parts per billion. Christine White; Remediation Manager for Equilon, 2255 N. Ontario Street, Suite 207, Burbank, California, reported on the groundwater testing that has taken place on the City wells performed by Equilon. John Van Orden, 10602 NE 38' Place, Kirkland, Washington, 98033, reviewed the tank system and leak detection systems of Shell Oil tanks. He stated the Simplicity Monitoring Alarm System was installed at this location in November 1998. It was noted that Feryal Sarrafain, Compliance Coordinator for Equiva, located at 2255 N. ® Ontario Street, Suite 207, Burbank, California, is responsible for inventory reconciliation for this location. Greg Fuz stated permit documentation was issued to Shell Oil on December 1, 2000. Barry Groveman suggested the City Council consider Clayton Hall of Hall & Hiett, as Abatement Officer or Warren Conklin as an alternate. MOTION: Councilmember Crotzer moved the City Council appoint Clayton Hall as Abatement Hearing Officer, and Warren Conklin as Alternative. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) The meeting adjourned at 7:13 p.m. Recorded by: Bridgett Bauer City Clerk 1 3 ® 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR NIEETING - DECEMBER 11, 2000 CLOSED SESSION - DECEMBER It, 2000 CITY HALL CONFERENCE ROOD? - 5:00 P.Di. 595 HARBOR ST., MORRO BAY, CA fe CS-1 GOVERNMENT CODE SECTION 54956.9 (C): CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of litigation exists based upon existing facts and the advice of legal counsel as to one matter. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION D•IEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. C ® PUBLIC SESSION - DECEMBER 11, 2000 VETERANS NIEMORIAL HALL - 6:00 P.NI. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience swishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state ® your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF NOVEMBER 27. 2000, AND SPECIAL MEETING OF DECEMBER 5, 2000; (ADMINISTRATION) RECONIMENDATION: Approve as submitted. A-2 RESOLUTION NO. 79-00 APPROVING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITE 91-92/ 91 W-92W; (HARBOR) 0 RECOMNIENDATION: Adopt Resolution No. 79-00. A-3 RESOLUTION NO. 80-00 APPROVING AMENDMENT TO LEASE ® AGREEMENT FOR LEASE SITE 129W/L32W: (HARBOR) RECONINIENDATION: Adopt Resolution No. 80=00. A-4 APPROVAL OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MORRO BAY AND THE COUNTY OF SAN LUIS OBISPO RELATED TO THE DEVELOPMENT OF A JOINT -USE FACILITY: (RECREATION & PARKS) RECONINIENDATION: Approve the Nlemorandum of Understanding between the City of Nlorro Bay and the County of San Luis Obispo relating to the development of a joint -use facility in Nlorro Bay. A-5 UPDATE ON MORRO BAY DIAL -A -RIDE AND TROLLEY OPERATIONS AND MANAGEMENT REQUEST FOR PROPOSALS SCHEDULE: (ADMINTISTRATION) RECOMMENDATION: Receive the update for information. A-6 UPDATE ON VIDEO PRODUCTION SERVICES AND CHANNEL 54 ® MANAGEMENT REQUEST FOR PROPOSALS SCHEDULE: (ADMINISTRATION) RECONINIENDATION: Receive the update for information. A-7 RESOLUTION NO. 81-00 APPROVING NO -PARKING RESTRICTION ON BOTH SIDES OF BEACH STREET BETWEEN WEST STREET AND EMBARCADERO; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 81-00. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 PUBLIC HEARING TO CONSIDER PETITION FOR INCREASED SPEED CONTROL ON THE 300 AND 400 BLOCKS OF YERBA BUENA STREET: (PUBLIC SERVICES) RECOMMENDATION: Receive public input, and direct staff accordingly. Ll 3 ® B-2 REVIEW OF CABLE CONSULTANT'S REPORTS REGARDING CHARTER COMMUNICATION'S PROPOSAL FOR FRANCHISE RENEWAL AND TECHNICAL EVALUATION OF CABLE SYSTEM: (ADMINISTRATION) RECOMMENDATION: Review Cable Consultant's reports regarding Charter Communication's Proposal and Technical Evaluation of the Cable System, and direct staff accordingly. B-3 ORDINANCE NO. 485 SUPERSEDING MORRO BAY MUNICIPAL CODE SECTION 5.30 REGARDING CABLE SYSTEM - FIRST READING AND INTRODUCTION; (ADMINISTRATION) RECONINIENDATION: Approve first reading and introduction of Ordinance No. 485. B-4 RESOLUTION NO. 78-00 EXTENDING ORDINANCE NO. 266 ESTABLISHING A GROWTH MANAGEMENT PROCEDURE WHICH WILL ALLOW FAIR DISTRIBUTION OF THE CITY'S SCARCE WATER RESOURCES AND PROTECT THE SMALL TOWN CHARACTER AND SURROUNDING OPEN SPACE OF THE CITY; (CITY ATTORNEY) ® RECOMMENDATION: Adopt Resolution No. 78-00. C. UNFINISHED BUSINESS C-I REVIEW OF MORRO BAY DIAL -A -RIDE SATURDAY SERVICE: (ADMINISTRATION) RECONINIENDATION: Review the Nlorro Bay Dial -A -Ride Saturday Service, and approve continuation of the pilot program for one year. C-2 CONSIDERATION OF WATER CONSERVATION ALTERNATIVES: (PUBLIC SERVICES) RECONINIENDATION: Review alternatives for water conservation, and direct staff accordingly. D. NEW BUSINESS D-I RESOLUTION NO. 77-00 APPROVING COUNCIL POLICIES AND PROCEDURES: (ADMINISTRATION) RECONEMENDATION: Adopt Resolution No. 77-00. 4 r D-2 SELECTION OF VICE -MAYOR TO SERVE A ONE-YEAR TERM; ® (ADMINISTRATION) RECONIMENDATION: Appoint a Council Member to serve as Vice -Mayor for a one-year term. 1 D-3 SELECTION OF CITY COUNCIL DISCRETIONARY APPOINTMENTS TO VARIOUS BOARDS AND COMMITTEES; (ADMINISTRATION) RECONINIENDATION: Discuss and appoint or re -appoint representatives to serve on various boards and committees. D-4 ACTION REQUIRED TO FILL COMMISSION AND ADVISORY BOARD VACANCIES; (ADMINISTRATION) RECOMNIENDATION: Discuss and direct staff accordingly. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. 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 AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. C ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - DECEMBER 11, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney Bruce Keogh Wastewater Treatment Plant Manager Al Sengstock Code Enforcement Officer CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and ® unanimously carried. (5-0) Mayor Anderson read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.9 (C); CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of litigation exists based upon existing facts and the advice of legal counsel as to one matter. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. n 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 11, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Rick Algert Bill Boucher Janeen Burlingame Greg Fuz Clyde Ganes Jeff Jones Jim Koser Larry Kraemer Joe Leven Andrea Lueker City Manager City Attorney City Clerk Harbor Director Capital Projects Manager Management Analyst Public Services Director Building Official Fire Chief Finance Director Staff Engineer Police Chief Recreation & Parks Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action was taken. An Urgency Item was added to the agenda as Item C-3 to discuss the MtBE contamination in Morro Bay. MOTION: Councilmember Peirce moved the City Council add Urgency Item C-3 to discuss the MtBE contamination in Morro Bay to tonight's agenda. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 11, 2000 PUBLIC COMMENT Jonni Biaggim presented Council with the San Luis Obispo County Destination Guide - 2001. Hank Roth announced this year's Caroling Cop Car would be traveling the streets of Morro Bay on December 12" —14'". Pam Soderback stated she has provided Council with a report regarding the Cable Franchise, and is available to answer any questions regarding her report. Betty Winholtz requested the tentative agenda become more reader -friendly. She also addressed the joint facility issue noting there has been no opportunity for public input. Nancy Castle addressed Item A-6 (Update on Video Production Services and Channel 54 ® Management Request for Proposals Schedule) and requested Council consider renegotiating with AGP Video for a contract extension. �� J John Barta addressed Item C-2 (Consideration of Water Conservation Alternatives) and issued written suggestions that may assist the City in resolving the termination of the retrofit program. Mayor Anderson closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS Mayor Anderson requested the Update on the Shell/Equilon/Equiva MtBE contamination issue be agendized as an on -going Unfinished Business item. Councilmember Crotzer requested Council's approval to direct staff to draft a letter for Council signatures to be sent to legislators regarding promotion of new statute on MtBE pollution. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 11, 2000 A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF NOVEMBER 27, 2000, AND SPECIAL MEETING OF DECEMBER 5, 2000; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 79-00 APPROVING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITE 91-92/ 91 W-92W; (HARBOR) RECOMMENDATION: Adopt Resolution No. 79-00. A-3 RESOLUTION NO. 80-00 APPROVING AMENDMENT TO LEASE ® AGREEMENT FOR LEASE SITE 129W/132W; (HARBOR) RECOMMENDATION: Adopt Resolution No. 80-00. A-4 APPROVAL OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MORRO BAY AND THE COUNTY OF SAN LUIS OBISPO RELATED TO THE DEVELOPMENT OF A JOINT -USE FACILITY; (RECREATION & PARKS) RECOMMENDATION: Approve the Memorandum of Understanding between the City of Morro Bay and the County of San Luis Obispo relating to the development of a joint -use facility in Morro Bay. A-5 UPDATE ON MORRO BAY DIAL -A -RIDE AND TROLLEY OPERATIONS AND MANAGEMENT REQUEST FOR PROPOSALS SCHEDULE; (ADMINISTRATION) RECOMMENDATION: Receive the update for information. A-6 UPDATE ON VIDEO PRODUCTION SERVICES AND CHANNEL 54 MANAGEMENT REQUEST FOR PROPOSALS SCHEDULE; (ADMINISTRATION) ® RECOMMENDATION: Receive the update for information. a] ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 11, 2000 A-7 RESOLUTION NO. 81-00 APPROVING NO -PARKING RESTRICTION ON BOTH SIDES OF BEACH STREET BETWEEN WEST STREET AND EMBARCADERO; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 81-00. Mayor Anderson pulled Item A-2 from the Consent Calendar; Councilmember Peirce pulled Item A-4; Councilmember Peters pulled Item A-6; and Councilmember Crotzer pulled Item A-7. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Items A-2, A-4, A-6 and A-7. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-2 RESOLUTION NO. 79-00 APPROVING ASSIGNMENT OF LEASE ® AGREEMENT FOR LEASE SITE 91-92/ 91 W-92W; (HARBOR) Mayor Anderson stepped down due to a conflict of interest. MOTION: Councilmember Elliott moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried with Mayor Anderson abstaining. (4-0-1) A-4 APPROVAL OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MORRO BAY AND THE COUNTY OF SAN LUIS OBISPO RELATED TO THE DEVELOPMENT OF A JOINT -USE FACILITY; (RECREATION & PARKS) Councilmember Peirce requested staff clarification on the Memorandum of Understanding between the City and the County of San Luis Obispo. City Manager Robert Hendrix responded the City acquired a grant from the California Integrated Waste Management Board to perform an analysis and plan a facility using sustainable materials and methods, public outreach and education programs. He said the grant's approved scope of work includes County services in some type of joint -use project. Mr. Hendrix noted the proposed draft plans are currently conceptual. 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 11, 2000 MOTION: Councilmember Peirce moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-6 UPDATE ON VIDEO PRODUCTION SERVICES AND CHANNEL 54 MANAGEMENT REQUEST FOR PROPOSALS SCHEDULE; (ADMINISTRATION) Councilmember Peters stated the scope of work for the video production services and Channel 54 management should be reviewed by the Public Works Advisory Board; Council concurred. Councilmember Crotzer suggested extending the present contract with AGP Video; Councilmember Peters agreed. City Manager Robert Hendrix stated this item has been scheduled for review by the Public Works Advisory Board. ® MOTION: Councilmember Peters moved the City Council not approve Item A-6 of the Consent Calendar, and agendize the extension of the current AGP Video contract, and consideration of the pay increase. There was no second to the motion. MOTION: Councilmember Crotzer moved the City Council not approve Item A-6 of the Consent Calendar, and agendize the discussion of continuing with the current AGP Video contract, or consideration of the Request for Proposal process. The motion was seconded by Peters. Councilmember Peters withdrew her second to the motion. MOTION: Councilmember Elliott moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Peirce and failed with Mayor Anderson, Councilmember Crotzer and Councilmember Peters voting no. (2-3) 0 ,® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 11, 2000 A-7 RESOLUTION NO. 81-00 APPROVING NO -PARKING RESTRICTION ON BOTH SIDES OF BEACH STREET BETWEEN WEST STREET AND EMBARCADERO; (PUBLIC SERVICES) Councilmember Crotzer stated handrails at this location would also be helpful. MOTION: Councilmember Crotzer moved the City Council approve Item A-7 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) B. PUBLIC HEARINGS, REPORTS R APPEARANCES B-1 PUBLIC HEARING TO CONSIDER PETITION FOR INCREASED SPEED CONTROL ON THE 300 AND 400 BLOCKS OF YERBA BUENA STREET; (PUBLIC SERVICES) ® Capital Project Manager Bill Boucher stated the Public Services Department received a petition signed by residents of Yerba Buena Street on November 7, 2000. He said the residents request that some manner of speed control be placed on Yerba Buena Street between Main Street and Panorama Avenue to mitigate the traffic safety concerns of high speed, increased traffic volumes and lack of visibility. Mr. Boucher noted the Public Works Advisory Board considered this matter at its November 28, 2000 meeting and recommended that 15 mph speed limit signs be installed immediately, and staff to perform a traffic analysis of the street segment. He said the Public Works Advisory Board would reconsider this matter at its February 2001 meeting. Mr. Boucher stated staff recommends the City Council adopt Resolution No. 77-00 declaring the intersections of Yerba Buena/Tide and Yerba Buena/Panorama to be "stop intersections". Mayor Anderson opened the hearing for public comment. The following people addressed the hazard of speeding vehicles on Yerba Buena Street, and requested the City Council consider the placement of speed control on Yerba Buena Street between Main Street and Panorama Avenue to mitigate the traffic safety concerns of high speed, increased traffic volume and lack of visibility: Jack Shivley, Jack Christensen, Susan Brison, Don Baxter, Julie Steffonelli, David Wilson, Kristen Hutland, Ray McKelligott, and William Cessa. Is Mayor Anderson closed the public comment hearing. 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 11, 2000 Mayor Anderson stated he use to speed to get home in this area, and understands the concerns of these citizens. Councilmember Peters referred to the attempt to slow traffic on Chorro Street in San Luis Obispo with stop signs and speed humps which seems .to work. She also recommended placing a speed control device in this location. Councilmember Peirce questioned the affects of stop signs vs. speed humps. Councilmember Crotzer stated the City should be responsive to this situation. He said he is in favor of stop signs and enforcing the speed limit of 15 "mph. Councilmember Elliott stated 25 mph is the law of enforcement in a residential area. He said stop signs do not usually slow vehicles but create more noise. Councilmember Elliott suggested placing the City's motorcycle officer at this location to monitor traffic. ® MOTION: Mayor Anderson moved the City Council adopt Resolution No. 77-00 declaring the intersections of Yerba Buena/Tide Street and Yerba Buena/ Panorama Avenue to be "stop intersections". The motion was seconded by Councilmember Peters and carved unanimously. (5-0) Mayor Anderson called for a break at 8:00 p.m.; the meeting resumed at 8:12 p.m. B-2 REVIEW OF. CABLE CONSULTANT'S REPORTS REGARDING CHARTER COMMUNICATION'S PROPOSAL FOR FRANCHISE RENEWAL .AND TECHNICAL EVALUATION OF CABLE SYSTEM; (ADMINISTRATION) Management Analyst Janeen Burlingame introduced Carl Pilnick of Telecommunications Management Corporation who reviewed the consultant's report regarding Charter Communication's Proposal for franchise renewal and technical evaluation of cable system. Ed Merrill, General Manager for Charter Communications, stated Charter would like to continue working with the City. Mayor Anderson opened the hearing for public comment; there were no comments and Mayor Anderson closed the public comment hearing. is ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 11, 2000 MOTION: Councilmember Elliott moved the City Council continue this public hearing to the January 8, 2001 meeting. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) B-3 ORDINANCE NO. 485 SUPERSEDING MORRO BAY MUNICIPAL CODE SECTION 5.30 REGARDING CABLE SYSTEM - FIRST READING AND INTRODUCTION; (ADMINISTRATION) Mayor Anderson opened the hearing for public comment; there were no comments and Mayor Anderson closed the public comment hearing. MOTION: Councilmember Elliott moved the City Council continue this public hearing to the January 8, 2001 meeting. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) ® B-4 RESOLUTION NO. 78-00 EXTENDING ORDINANCE NO. 266 ESTABLISHING A GROWTH MANAGEMENT PROCEDURE WHICH WILL ALLOW FAIR DISTRIBUTION OF THE CITY'S SCARCE WATER RESOURCES AND PROTECT THE SMALL TOWN CHARACTER AND SURROUNDING OPEN SPACE OF THE CITY; (CITY ATTORNEY) City Attorney Robert Schultz stated Ordinance No. 266, also known as Measure "F" was adopted through a voter initiative in 1984. He said the title of Ordinance No. 266 states that it is "an ordinance establishing a growth management procedure which will allow for the fair distribution of our scarce water resources and protect the small town character and surrounding open space of the City." Mr. Schultz stated the Ordinance cites the City's Certified Land Use Plan and our adopted Water Management Plan, which in 1984 allowed for our residential population to grow from the then present 9,600 to 12,200 by the year 2000. Mr. Schultz stated since the City has not yet reached a population of 12,200 by the year 2000, he recommended the City Council adopt Resolution No. 78-00 extending Ordinance No. 266 establishing a growth management procedure which will allow fair distribution of the City's scarce water resources and protect the small town character and surrounding open space of the City. Mayor Anderson opened the hearing for public comment. is Harry Rogers stated Measure "F" was originally intended as a no -growth measure, which he did not support in 1984, and still does not support. 9 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 11, 2000 John Barta suggested the City Council deny the proposed Resolution No. 78-00 stating it is not necessary to place Council's further stamp of approval on Ordinance No. 266 which is already duly adopted and approved by the Coastal Commission. He recommended the City Council consider directing staff to advise Council ninety days in advance of such time as it appears likely that the City will exceed the issuance of 100 single family permits in a calendar year, and to suspend permit issuance pending Council action. Shoosh Crotzer stated the intent of Measure F. was to limit the population to not go over 12,200. Ray McKelligott supports the continuation of Measure F regulations. Mayor Anderson closed the public comment hearing. Councilmember Crotzer stated Ordinance No. 266 prepares the City for the occurrence of ® a drought condition. Councilmember Elliott stated the State Housing Authority could make a determination independent of a City's resources, which can over -ride this type of regulation. Councilmember Peirce stated a number should be set to limit the building permits issued by the Public Services Department. Based on Council comments, Mr. Schultz recommended amending Resolution No. 78-00 by removing the language that reads: "...until a population of 12,200 is reached by December 31, 2000" in the 5's and 6s "Whereas'; and removing finding #2 completely. MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 78-00 as amended. The motion was seconded by Councilmember Peters and carried with Councilmember Peirce voting no. (4-1) Mayor Anderson called for a break at 9:38 p.m.; the meeting resumed at 9:50 p.m. r 1 10 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 11, 2000 C. UNFINISHED BUSINESS C-1 REVIEW OF MORRO BAY DIAL -A -RIDE SATURDAY SERVICE; (ADMINISTRATION) Management Analyst Janeen Burlingame stated according to the Transportation Development Act (TDA) regulations, a Dial -A -Ride service is to achieve at least a 10% fare box recovery to be eligible to continue receiving TDA funds. She said it is this primary criteria that is being used to consider whether or not to recommend continuing Saturday service. Ms. Burlingame stated the estimated fare box ratio for Saturday service for the January 8 — October 31, 2000 period is 11.3%. She said the Public Works Advisory Board and staff recommendations are for the City Council to continue the pilot program for one more year. MOTION: Councilmember Crotzer moved the City Council approve the continuation ® of the Morro Bay Dial -A -Ride Saturday service pilot program for one more year. The motion was seconded by Councilmember Peirce and carved unanimously. (5-0) C-2 CONSIDERATION OF WATER CONSERVATION ALTERNATIVES; (PUBLIC SERVICES) This item was continued to the January 8, 2001 City Council meeting. C-3 UPDATE ON SHELL/EQUILON/EQUIVA MTBE CONTAMINATION IN MORRO BAY; (PUBLIC SERVICES) Public Services Director Greg Fuz reviewed the status of discussions with Shell representatives, and what direction is needed by Council to abate the contamination of MtBE in Morro Bay. Attorney Barry Groveman reviewed discussions with Shell representatives regarding the MtBE contaminants in Morro Bay. Mr. Fuz stated a Special City Council Meeting is scheduled to discuss the abatement process for December 18, 2000 at 5:00 p.m. at the Veterans Memorial Building. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 11, 2000 MOTION: Councilmember Peters_ moved the City Council grant the City Attorney subpoena power to issue subpoenas to the Shell/Equilon/Equiva executives and representatives to appear at the Special City Council Meeting scheduled for December 18, 2000 at 5:00 p.m. at the Veterans Memorial Building. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) Mr. Fuz stated an Abatement Hearing is tentatively scheduled for January 3, 2001 at 6:00 p.m. in the Veterans Memorial Building. MOTION: Councilmember Peters moved the City Council go beyond 11:00 p.m. The motion was seconded by Mayor Anderson and failed with Councilmember Crotzer, Councilmember Elliott and Councilmember Peirce voting no. (2-3) ® D. NEW BUSINESS D-1 RESOLUTION NO. 77-00 APPROVING COUNCIL POLICIES AND PROCEDURES; (ADMINISTRATION) This item was continued to the January 8, 2001 City Council meeting. D-2 SELECTION OF VICE -MAYOR TO SERVE A ONE-YEAR TERM; (ADMINISTRATION) This item was continued to the January 8, 2001 City Council meeting. D-3 SELECTION OF CITY COUNCIL DISCRETIONARY APPOINTMENTS TO VARIOUS BOARDS AND COMMITTEES; (ADMINISTRATION) This item was continued to the January 8, 2001 City Council meeting. D-4 ACTION REQUIRED TO FILL COMMISSION AND ADVISORY BOARD VACANCIES; (ADMINISTRATION) This item was continued to the January 8, 2001 City Council meeting. u 12 F. ADJOURNMENT The meeting adjourned at 11:00 p.m. Recorded by: Bridgett Bauer City Clerk ["I L] 13 ® City of Morro Bay City Council Agenda Mission Statement The City of Alorro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and ivill provide a level of municipal service and safety consistent with and responsive to the needs of the public. SPECIAL MEETING TUESDAY, DECEMBER 5, 2000; 6:00 P.M. VETERANS MEMORIAL BUILDING 209 SURF STREET, MORRO BAY, CA ® I. ESTABLISH QUORUM AND CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. RESOLUTION NO. 76-00 RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 7, 2000, AND DECLARING THE RESULTS THEREOF IV. PRESENTATION OF CERTIFICATES OF ELECTION V. OATH OF OFFICE VI. ADJOURNMENT RECEPTION FOLLOWING n ® MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - DECEMBER 5, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. ESTABLISH QUORUM AND CALL TO ORDER Mayor Anderson called the meeting to order at 6:00 p.m. II. PLEDGE OF ALLEGIANCE City Manager Robert Hendrix led the Pledge of Allegiance. III. RESOLUTION NO. 76-00 RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 7, 2000, AND DECLARING THE RESULTS THEREOF MOTION: Councilmember Peirce moved the City Council approve Resolution No. 76-00 reciting the fact of the General Municipal Election held on November 7, 2000, and declaring the results ® thereof. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) IV. OATH OF OFFICE City Clerk Bridgett Bauer administered the Oath of Office to Mayor Anderson, Councilmember Elliott, and Councilmember Peirce. V. PRESENTATION OF CERTIFICATES OF ELECTION City Clerk Bridgett Bauer presented Certificates of Election to Mayor Anderson, Councilmember Elliott, and Councilmember Peirce. VI. ADJOURNMENT The meeting adjourned at 6:15 p.m., and a reception followed. Recorded by: ® Bridgett Bauer City Clerk I'4a -• RESOLUTION NO.76-00 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF MORRO BAY ON THE 7TH DAY OF NOVEI BER, 2000; DECLARING THE RESULTS. THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW THE CITY COUNCIL City of Morro Bay, California WHEREAS, a regular general municipal election was held and conducted in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, November 7, 2000 as required by law; and WHEREAS, notice of said election was duly and regularly given in time, for and manner as provided by law; that voting precincts were properly established; that election was held and conducted and the votes cast thereat, received and canvassed and the returns made and declared in time, form, and manner as required .by the provisions of the Elections Code of the State of California for the holding of elections in cities; and ® WHEREAS, the Board of Supervisors of San Luis Obispo County has duly canvassed or caused to be canvassed the votes cast in the City of Morro Bay by the voters of the City at the General Municipal Election consolidated with the Statewide General Election held on November 7, 2000, and the County Clerk has duly certified to this City Council the result of the votes cast at said election which said certification is attached hereto and by reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. That there were seven voting precincts established for the purpose of holding said election consisting of consolidations of the regular election precincts in the City of Morro Bay as established for the holding of state and county elections. 2. That said general municipal election was held for the purpose of electing the following officers of said City as required by the laws relating to the cities in the State of California, to wit: • A Mayor of said City for the full term of two years; • Two members of the City Council of said City for the full terms of four years. Resolution No. 76-00 Page Two 3. That said general 'municipal. election was also.held for the purposed voting on the following measurers as submitted to the electors of said City: MEASURE `°P„ Shall the City Council of Morro Bay support a single phase project for the replacement and demolition of the existing Morro Bay PowerPlant (estimated to be completed by 2007) if the project. complies with all regulatory- laws, ordinances, regulations and standards? MEASURE «Q,; Shall an ordinance be enacted so that no amendment to the Morro Bay General Plan Land Use Element or to the Morro Bay Coastal Land Use Plan that would authorize or otherwise sanction the development or replacement of any electrical -generating facility that exports electricity outside the city limits of the City of Morro Bay shall be effective until'approved'by a majority vote of those voting in 'an election in the City of Morro Bay? 4. That.the names of the persons voted for at said election for the Mayor are as follows: Rodger Anderson Colby Crotzer Harold Curry 5. That the names of the persons voted for at said election for Council Member of said City are as follows: Bonita Chumey David Elliott William Peirce Betty Winholtz El ® _ Resolution No. 76-00 Page Three 6. The City Council does declare and determine that: RODGER ANDERSON was elected as Mayor of said.City for the full term of two years. DAVID ELLIOTT was elected as Council Member of said City for a full term of four years. WILLIAM PEIRCE was elected as Council Member of said City for a full term of four years. The required number of qualified voters voting on MEASURE "P" relating to support for a single phase project for the replacement and demolition of the existing Morro Bay Power Plant (estimated to be completed by 2007)" if the project complies with all regulatory laws, ordinances, regulations and standards, did vote in favor thereof and said advisory vote was carried. The required number, of qualified voters voting on MEASURE "Q" relating to the enactment so that no amendment to the Morro Bay General Plan Land Use Element or to the Morro Bay Coastal Land Use Plan that would authorize or otherwise sanction the development or replacement of any electrical -generating facility that exports electricity outside the city limits of the City of Morro Bay shall be effective until approved by a majority vote of those voting in an election in the City of Morro Bay, did not vote in favor thereof, and said measure failed. 7. At said election the names of the persons voted for and the number of votes given . each person are as set forth in the attached certification. 8. The total number of votes cast in the City at said election and the total number of votes given in each precinct and by absentee voters of the City was and is set forth in the attached certification. 9. The City Clerk shall immediately make and deliver to each of such persons so elected a Certificate of Election signed by the City Clerk and duly authenticated; the City Clerk shall also cause to be administered to each person elected, the Oath of Office prescribed in the State Constitution of the State of California and shall have them subscribe thereto and file the same in the office of the City Clerk. Whereupon, each and all of said persons so elected shall be inducted into the ® respective office to which they have been elected. Resolution No. 76-00 Page Four 10. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of the City;' and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council,of said City, in the minutes of the meeting at which the same was passed and adopted. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a special meeting thereof held on the 5th day of December, 2000 on the following vote: AYES: NOES: . ABSENT: RODGER ANDERSON, Mayor ATTEST: BRIDGETT BAUER, City Clerk u ® CERTIFICATE OF TIRE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST NOVEMBER 7, 2000 CONSOLIDATED GENERAL ELECTION CITY OF MORO BAY STATE OF CALIFORNIA ) j ss COUNTY OF SAN LUIS OBISPO ) I, JULIE L. RODEWALD, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of Morro Day on November 7, 2000, and that a photocopy of the Statement of Votes Cast to which this certificate is attached, shows the number of votes cast in said city for each candidate for the Office of Mayor and Member of the City Council and that the totals shown for each candidate for each race in said city and in each of the respective precincts therein, are full, true and correct. WITNESS, my hand and Official Seal this 01y4day of November, 2000. L. RODEWALD, County Clerk -Recorder DEC-01-2000 12:51 CLERK -RECORDER P.03 CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST NO VEMBER 7, 2000 CONSOLIDATED GENERAL ELECTION CITY OF MORO BAY - MEASURE P-2000 STATE OF CALIFORNIA ) ss . COUNTY OF SAN LUIS O'BISPO ) I, JULIE I. RODEWALD, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of Morro Bay on November 7, 2000, and that a photocopy of the Statement of Votes Cast to which this certificate is attached, shows the number of votes cast in said city for and against said measure, and that the totals shown for and against said measure in said city, and in each of the respective precincts therein, are full, true and correct. MEASURE P-2000: ADVISORY VOTE ONLY Shall the City Council of Morro Bay support a single phase Project for the replacement and demolition of the existing Morro Bay Power Plant (estimated to be completed by 2007) if the project complies with all regulatory laws, ordinances, regulations and standards? WITNESS, my hand and Official Seal this day of November, 2000. RODEWALD, County Clerk -Recorder E DEC-01-2000 . 12:51 CLERK -RECORDER P.04 ® CERTIFICATE OF TIIE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST NOVEMBER 7, 2000 CONSOLIDATED GENERAL ELECTION CITY OF MORRO BAY - MEASURE Q-2000 STATE OF CALIFORNIA .ss COUNTY OF SAN LUIS OBISPO I, JULIE I.. RODEWALD, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of Morro Bay on November 7, MOO, and that a photocopy of the Statement of Votes Cast to which this certificate is attached, shows the number of votes cast in said city for and against: said measure, and that the totals shown for and against said measure in ® said city, and in each of the respective precincts therein, are full, true and correct. MEASURE Q-2000: Shall an ordinance be enacted so that no amendment to the Morro Bay General Plan Land Use Element or to the Morro Bay Coastal Land Use Plan that would authorize or otherwise sanction the development or replacement of any electrical -generating facility that exports electricity outside the city limits of the City of Morro Bay shall be effective until approved by a majority vote of those voting in an election in the City of Morro Bay? WITNESS, my hand and Official Seal this 0?9�% day of November, 2000. .JULI L. ODEWALD, County Clerk -Recorder 0 DEC-01-2000 12:51 CLERK -RECORDER NOONOO NtA.J N OOOOOO NO NN NN. NN O d d O a 0 0 O p 0 J' 'J JJJJ W f m m 00 CIO uu yw r.rOO GOO WCO w000w0 wW Ww: IJ O O O o o N o o N O O O NO N N N,N NN N N — 00 rh N W u v lw W V w tJ U OOC CONOO • OOONC N N NN MN N lJ A B O m w m w ww oox mm 77 K 0 0 0 0 0 0 0 0 O-O 0 0 0 0 0 33 O O OO O •O - V W W w w w W n�. N N N N pO N N N N ONO N IJ N N U to U rJ1 �h rJl 'JI VI 'w 1¢ u 1el m 00 a r 2' e r r r fA 34 A W e, e� W T 'P 0." .� i 'I1 •n T 1 zo > .y � urbW w� da uu � e r r• r � r r a'• r u -a' :� 3� � e e C O OI- J O Z n Q � n a Jr � � zrn� �rr Q CD z�no n.m., 7�ao a z p CACA l+, DEC-01-2000 12:52 . CLERK -RECORDER P.06 11 IWj V N N O O O C O N O O N O C O N C N N N N N N O 0 0 O O o N N A OO OOOUOC U000'J•O U UU U W •I V V W W' W �� 1 J U JGGO00+100 JOOO JO J J +l ^l J+1 +1 +1 c ti � u � Y h J ti 3 _ 'Je O O O O O m 0 0 m 0 0 0 m 0 A m m m m m m m m_ { N N y N N u o N o N N N N N cN N oo J N %�c O' N C C O O O N O.O C O G O Nc N N N N N n� Z;G W O O c- O O W O C' u 0 0 0 u 0 Y Y •.. W '� V V V � r N N N N N N N) N N A L � J WL�n a s s iu o U N Cy yNj lNi� ~ 'A IA tNi• - 'J• 's N N U N N N N ^ N N N N IJ N N N rJ N N N F, p q ^ � n 1 GOm m m' •' -2 � . 2: � � e � �'&C �:C `"� a — m x mm z aem zm 0 0 0 0 0 0 0 0 0 O O O O O O G O C O O C C C i O C O N N O O N N 7 0 N V 0 0 N N C O _ C O 1 1 DEC-01-2000 12:52 CLERK -RECORDER y W W W uu 'A rF .OYW W.W CI -i ' NOOOOONOO„ Y.JG OOIJO NN u N 1�"�+' N N o u oopocooA o. 0000go 00 00, 0� co" O O G O O J O O •.O O O O O O G O0 0 '.O O O � .. .. G Q 3� n u 0 0 O'O O N O O N O C O N O zZ.. tl� r r r r r O r r r i "� i a sr` 6• � a a� o� 0 000c co�000 woe c.�c as •o .o �� roa A , WguilklAz J J J J JJ JJ IJ JAI W OO OOOu00 �OOOvO i•Ow r.+m r+� u'u U U 'n v tUr 1Ur U•r UU tUi• � �� N O O O O O N O O N O O O N O N N N N N N N N c � U u u u •n u rn ` u rJ u u _ < p a w 0 0 0 0 0 u:o 0 W 0 o 0 1 O o.; a=� J O O O O O J O O J O O O J C J J J J J J J J T a a s a s a s a s a ' i O ' N N N N N •J 1� ooCoo 0o uCoowo uv' u• O >yO` 'al O z' Z "•i Z Q l O z�n�o �o r� C � y n Cy ; n r�>� a n r TOTRL P.08 ® 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. The City shall be co nnritted to this purpose and will provide a level of municipal service and safetyconsistent with and responsive to the needs of the public. REGULAR MEETING - NOVEMBER 27, 2000 CLOSED SESSION - NOVEMBER 27, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956.9 (C): CONFERENCE KITH ® LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of litigation exists based upon existing facts and the advice of legal counsel as to one matter. CS-2 GOVERNMENT CODE SECTION 54956.8• REAL PROPERTY TRANSACTIONS. Instructing City's real property negotiator regarding the price and terms of payment for the purchase, sale; exchange; or lease of real property as to two (2) parcels. • Property: Market Avenue/Pacific Street Negotiating Parties: Jesse Norris and the City of Morro Bay Negotiations: Possible Voluntary Purchase. • Pr e : Embarcadero Road/Pacific Street Negotiating Parties: Seibert Family Trust and the City of Morro Bay Negotiations: Possible Voluntary Purchase. CS-3 GOVERNMENT CODE SECTION 54956 9(A). CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. • San Luis Coastal Unifred School District v. City of Morro- BaJ, San Luis Obispo Superior Court Case No. CV981044. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ® ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION - NOVEMBER 27, 2000 VETERANS MENIORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three ® minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF NOVEMBER 13, 2000; (ADMINISTRATION) RECOINIDIENDATION: Approve minutes as submitted. A-2 CASH & INVESTMENT REPORT - OCTOBER 2000; (FINANCE) 0 RECOMMENDATION: Receive report for information. ® A-3 EXPENDITURE REPORT - OCTOBER 2000; (FINANCE) RECOMMENDATION: Approve report as submitted. A-4 CITY OF MORRO BAY AUDIT FOR FISCAL YEAR 1999/2000; (FINANCE) RECOMMENDATION: Accept the audit report as submitted. A-5 WASTEWATER TREATMENT PLANT AUDIT FOR FISCAL YEAR 1998/1999; (FINANCE) RECOi\INIENDATION: Accept the audit report as submitted. A-6 CABLE FRANCHISE RENEWAL UPDATE AND CABLE SURVEY RESULTS: (ADMINISTRATION) RECONINIENDATION: Accept the update and survey results. A-7 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR ELENA TANK RETAINING WALL REPAIR; (PUBLIC SERVICES) ® RECOMMENDATION: Accept the project as completed by RSH Construction, and authorize the filing of a Notice of Completion. A-8 PROCLAMATION DECLARING DECEMBER 2000 AS "YOU DRINK & DRIVE. YOU LOSE." CAMPAIGN MONTH; (ADMINISTRATION) RECOMMENDATION: Adopt the Proclamation. A-9 PROCLAMATION CONGRATULATING THE ECONOMIC OPPORTUNITY COMMISSION ON ITS 35TH ANNIVERSARY-, (ADMINISTRATION) RECOMMENDATION: Adopt the Proclamation. A-10 CANCELLATION OF DECEMBER 25, 2000 CITY COUNCIL MEETING; (ADMINISTRATION) RECOMMENDATION: Cancel the City Council meeting regularly scheduled for December 25, 2000. B. PUBLIC HEARINGS REPORTS & APPEARANCES -NONE. 3 C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON SHELL/EQUILON MtBE CONTAMINATION IN MORRO BAY; (PUBLIC SERVICES) RECONIiAIENDATION: Receive report for information. C-2 CONSIDERATION OF ADDING A SECOND TROLLEY ROUTE AND TROLLEY FARES; (ADMINISTRATION) RECONINIENDATION: Discuss and direct staff accordingly. D. NEW BUSINESS -NONE. E. ADJOURNMENT - 0' . THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE �—' DATE AND TI:\IE-SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALLYOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. El COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUNIENTATION 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 AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL, ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE NIEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 2 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - NOVEMBER 27, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix Robert Schultz Greg Fuz Larry Kraemer Albert Sengstock CLOSED SESSION City Manager City Attorney Public Services Director Staff Engineer Code Enforcement Officer ® MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) Mayor Anderson read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.9 (C); CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION Initiation of litigation exists based upon existing facts and the advice of legal counsel as to one matter. CS-2 GOVERNMENT CODE SECTION 54956.8• REAL PROPERTY TRANSACTIONS. Instructing City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to two (2) parcels. • Propeertv: Market Avenue/Pacific Street Negotiating Parties: Jesse Norris and the City of Morro Bay Negotiations: Possible Voluntary Purchase. • Property: Embarcadero Road/Pacific Street Negotiating_ Parties: Seibert Family Trust and the City of Morro Bay Negotiations: Possible Voluntary Purchase. i CS-3 GOVE N- IEN1 CODE SECTION 54956 9(A)• CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. San Luis Coastal Unified School District v. City of Morro Bay; San Luis Obispo Superior Court Case No. CV981044. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 27, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m. PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Janeen Burlingame Greg Fuz Jeff Jones Jim Koser Joe Loven Andrea Lueker City Manager City Attorney City Clerk Management Analyst Public Services Director Fire Chief Finance Director Police Chief Recreation & Parks Director 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 27, 2000 ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action was taken. PUBLIC COMMENT Meredith Bates referred to Item A-6 (Cable Franchise Renewal Update and Cable Survey Results) and said she would like all income levels to benefit from this renewal agreement. Pam Soderback referred to Item A-6 stating the consultant did not address the indemnity and hold harmless issue which is important. She stated a shorter contract term would be ® better with today's technology changes, and also an analog alternative should be available. Gary Ryan reported on the upcoming Morro Bay Jazz Festival which will be in Morro Bay in January 2001 and will benefit music scholarships. 0 Bob Carr, Director of APCD, announced office hours will be held regarding the Duke Modernization Project on November 29, 2000 and December 5, 2000 from 4:00 p.m. - 6:00 p.m. at the Public Services Department. Betty Winholtz asked when Council will be considering the garbage franchise fee, and stated she would like to see it lowered. John Barta announced the upcoming -Morro Bay Bird Festival will be heldlin Morro Bay in January 2001. He also asked when there will be discussion on underground utilities. Harry Rogers expressed concern with the City's retrofit program and requested the City Council terminate this water distribution program by January 2001. Nancy Castle clarified that AGP Video does not have a conflict with Charter Communications, and also noted AGP is in partnership with Charter on productions such as the Water Quality Control Board meetings and campaign forums. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 27, 2000 DECLARATION OF FUTURE AGENDA ITEMS Mayor Anderson requested the discussion on the City's water distribution be placed on the next Council agenda. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF NOVEMBER 13, 2000; (ADMINISTRATION) RECONIDIENDATION: Approve minutes as submitted. A-2 CASH R INVESTMENT REPORT - OCTOBER 2000; (FINANCE) ® RECONINIENDATION: Receive report for information. A-3 EXPENDITURE REPORT - OCTOBER 2000; (FINANCE) RECOMMENDATION: Approve report as submitted. A-4 CITY OF MORRO BAY AUDIT FOR FISCAL YEAR 1999/2000; (FINANCE) RECOMMENDATION: Accept the audit report as submitted. A-5 WASTEWATER TREATMENT PLANT AUDIT FOR FISCAL YEAR 1998/1999; (FINANCE) RECOMMENDATION: Accept the audit report as submitted. A-6 CABLE FRANCHISE RENEWAL UPDATE AND CABLE SURVEY RESULTS; (ADMINISTRATION) RECOMMENDATION: Accept the update and survey results. E M ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 27, 2000 A-7 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR ELENA TANK RETAINING WALL REPAIR; (PUBLIC SERVICES) RECOMN'IENDATION: Accept the project as completed by RSH Construction, and authorize the filing of a Notice of Completion. A-8 PROCLAMATION DECLARING DECEMBER 2000 AS "YOU DRINK & DRIVE. YOU LOSE." CAMPAIGN MONTH; (ADMINISTRATION) RECONIMENDATION: Adopt the Proclamation. A-9 PROCLAMATION CONGRATULATING THE ECONOMIC OPPORTUNITY COMMISSION ON ITS 35TH ANNIVERSARY; (ADMINISTRATION) RECONIMENDATION: . Adopt the Proclamation. A-10 CANCELLATION OF DECEMBER 25, 2000 CITY COUNCIL MEETING; ® (ADMINISTRATION) 11 RECONIMENDATION: Cancel the City Council meeting regularly scheduled for December 25, 2000. Councilmember Peters pulled Items A-3 and A-6 of the Consent Calendar; Mayor Anderson pulled Item A-8; and Councilmember Crotzer pulled Item A-9. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Items A-3, A-6, A-8, and A-9. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-3 EXPENDITURE REPORT - OCTOBER 2000; (FINANCE) Councilmember Peters requested staff clarification on specific expenditures reported in this month's report. Finance Director Jim Koser responded to those particular expenses. MOTION: Councilmember Peters moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) 5 ® MII UTES - MORRO BAY CITY COUNCIL REGULAR MEETNG - NOVEMBER 27, 2000 A-6 CABLE FRANCHISE RENEWAL UPDATE AND CABLE SURVEY RESULTS; (ADMNISTRATION) Councilmember Peters summarized the survey results received on the cable service in Morro Bay; and expressed the importance of citizen participation. MOTION: Councilmember Peters moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) A-8 PROCLAMATION DECLARING DECEMBER 2000 AS "YOU DRINK & DRIVE. YOU LOSE." CAMPAIGN MONTH; (ADMINISTRATION) Mayor Anderson and Chief Loven reviewed this Proclamation for public information. MOTION: Mayor Anderson moved the City Council approve Item A-8 of the Consent Calendar. The motion was seconded by Councilmember Peirce ® and carried unanimously. (5-0) A-9 PROCLAMATION CONGRATULATING THE ECONOMIC OPPORTUNITY COMMISSION ON ITS 35TH ANNIVERSARY; (ADMINISTRATION) Councilmember Crotzer announced the Economic Opportunity Commission's 35th Anniversary, and noted all the beneficial programs that are represented by the EOC. MOTION: Councilmember Crotzer moved the City Council approve Item A-9 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) Mayor Anderson called for a break at 6:35 p.m.; the meeting resumed at 7:25 p.m. B. PUBLIC HEARINGS. REPORTS & APPEARANCES 13 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 27, 2000 C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON SHELL/EQUILON MtBE CONTAMINATION IN MORRO BAY; (PUBLIC SERVICES) Public Services Director Greg Fuz reviewed the progress on the Shell/Equilon/Equiva MtBE contamination in Morro Bay for Council and public information. He requested Council adopt an urgency resolution in order for staff to present it to the Regional Water Quality Control Board at their public meeting regarding MtBE locations in the County. MOTION: Councilmember Peirce moved to add discussion of the urgency resolution addressing the Shell/Equilon/Equiva MtBE contamination in Morro Bay on tonight's agenda. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 75-00 ® demanding Shell/Equilon/Equiva and urging the Regional Water Quality Control Board to take all necessary actions immediately to protect the Morro Basin Wellfield from contamination. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) is C-2 CONSIDERATION OF ADDING A SECOND TROLLEY ROUTE AND TROLLEY FARES; (ADMINISTRATION) Management Analyst Janeen Burlingame stated the City Council discussed the new Transit Development Plan for Fiscal Years 1999/2000 through 2004/2005 at their June 28, 1999 Council meeting. She said during this public hearing Council discussed the idea of implementing a second trolley route that serves Atascadero State Beach and the Natural History Museum. In addition, Council discussed the fare, with some members in favor of raising it to 5.50 while others were opposed to raising the fare. Ms. Burlingame forwarded the Council's comments to the Public Works Advisory Board, and the Public Works Advisory Board discussed and recommended the following: 1) approve a second trolley route operating the same days/hours as the first trolley route with stops at Atascadero State Beach, Atascadero Road end (Morro Dunes Travel Trailer Park), the Museum of Natural History, and Market Street in front of the Centennial Stairway; and 2) approve increasing the trolley fare to 5.50 for an all day ticket and limit the budget for the second route to S 10,000 from the General Fund. 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 27, 2000 Ms. Burlingame stated the staff recommendations are as follows: 1) approve a pilot second trolley route for the 2001 season operating only on Saturdays (II a.m. - 7 p.m.) and Sundays (I I a.m. - 6 p.m.) in order to assess ridership for this route, including a review. at the end of the season to determine whether the adjustments to the second route need to be made for the 2002 season; and 2) wait until after 2001 season before considering changes to the fare structure in order to learn ridership patterns to determine what kind of effect ridership from the second route might have on first route ridership and farebox. Councilmember Peters stated the trolley route should include the Saturday Fisherman's Market. She suggested the trolley run on the weekends with later hours on Friday and Saturday evenings. Councilmember Elliott stated the training and administration of the trolleys should be handled in-house. He said the 'second trolley should run the same days and hours as the other trolley with a minimum of four stops. ® Councilmember Crotzer stated he supports increasing the fare to 5.50 for an all -day pass, and to expand the Saturday route on a trial basis. He said the use of both trolleys is providing public transportation at an economic rate. 1 Councilmember Peirce stated the second trolley should run the same hours as the existing trolley. He said he supports the Public Works Advisory Board recommendations and pilot program. Mayor Anderson stated the second trolley should be run on weekends only, and perhaps seven days per week during the summer months. MOTION: Councilmember Peirce moved the City Council adopt the following Public Works Advisory Board recommendations with the exception of the S10,000 cap from the General Fund: 1) approve a second trolley route operating the same days and hours as the first trolley route with Friday and Saturday evening hours extended to 9:00 p.m., and trolley stops at Atascadero State Beach, Atascadero Road end (Morro Dunes Travel Trailer Park), the Museum of Natural History, and Market Street in front of the Centennial Stairway; and 2) approve increasing the trolley fare to S.50 for an all day ticket. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) Q MINUTES - MORRO BAY CITY'COUNCIL REGULAR MEETING - NOVEMBER 27, 2000 D. NEW BUSINESS - None. ADJOURNMENT The meeting adjourned at 8:45 p.m. Recorded by: Bridgett Bauer City Clerk l t NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be meeting at the regular Planning Commission meeting on Monday, November 20, 2000 at 6:00 p.m. to be held at the Veterans' Memorial Building, 209 Surf Street, Morro Bay, California. The City Council will be receiving a presentation of a Geographic Information System which has numerous uses for land use planning, public services, and public safety. DATED: November 15, 2000 Bridgett B er, City Clerk lJ 11 CTIY OF MORRo BAY PUBLIC SERVICES DEPARTMENT MEMORANDUM DATE: November 6, 2000 TO: Honorable Mayor and City Council FROM: Greig S. Cummings, Planning Manager SUBJECT: Invitation to a Geographic Information System (GIS) Presentation At the request of the Morro Bay City Planning Commission staff has arranged for a presentation of a Geographic Information System (GIS). Mr. John Kelly with the San Luis Obispo County Planning and Building Department has consented to provide the commission with a presentation during the regular Planning Commission meeting on November 20, 2000, at 6:00 P.M. The meeting is located at the Veteran's Memorial Building, 209 Surf Street, Morro Bay. ®. At the direction of the Planning Commission, staff is requesting that members of the City Council also attend the presentation. To be in compliance with the Brown Act, it is suggested that the Council adjourn to the meeting on November 20, 2000, at the conclusion of the Council's November 13, 2000, meeting. Department heads and other staff will also be invited to attend. SUMMARY GIS has numerous uses for land use planning, public services, and public safety. Public safety use can establish evacuation zones and information on individuals needing assistance with evacuation. Public services can enter the capacities of various facilities and their condition and readily generate various scenarios of projected improvements and costs. For planning, GIS can be used for making presentations. For land use planning staff can more readily review data and make better presentations of information such as archaeological sites, flood hazard areas, geologic hazards, zoning, soils and much more. Assistance to the public when they make decisions can be improved by making more information available. GIS information can also be made available on the Internet for the convenience of the public. There have been numerous Geographic Information Systems developed. Many never because accepted as a standard and others can be prohibitively expensive. However, the San Luis Obispo County GIS uses readily available soffivare that can be acquired at a reasonable price. Much information in the unincorporated areas adjacent to the city has been entered into an existing GIS ® database and a copy provided to city staff. Within the City limits additional work would have to U be done. The various city departments can add and use the data throughout the existing city computer network. The City of Atascadero has entered the necessary base information into the County provided system with the use of a talented Cal Poly intern. Once the basic control points and polygons are input, additional data layers may be added for whatever purposes. CONCLUSION Staff is not recommending taking any action at this time. This is just an opportunity to look at an existing GIS system that appears to be simple, affordable and readily available. C n City of Morro Bay City Council Agenda Alission Statement The City of Morro Bay is dedicated to thepreservation and enhancentent of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - NOVEMBER 13, 2000 CLOSED SESSION - NOVEMBER 13, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA ® CS-1 GOVERNMENT CODE SECTION 54956.9 (CC): CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of litigation exists based upon existing facts and the advice of legal counsel as to one matter. CS-2 GOVERNMENT CODE SECTION 54956.9(A): CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. San Luis Coastal Unifred School District v. City of Morro Bay; San Luis Obispo Superior Court Case No. CV981044. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND E\ENIPT FROM DISCLOSURE. ® PUBLIC SESSION - NOVEMBER 13, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three ® minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council; the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF OCTOBER 23, 2000; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 73-00 APPROVING AMENDMENT TO INTERIM LEASE FOR LEASE SITE 144/144W; (HARBOR) RECOMMENDATION: Adopt Resolution No. 73-00. 2 ® A-3 RESOLUTION NO. 74-00 APPROVING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITE 35W/36W; (HARBOR) RECOMMENDATION: Adopt Resolution No. 74-00. A-4 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR STREET REHABILITATION PROJECT; (CAPITAL PROJECTS MANAGER) RECONUNIENDATION: Accept the project as completed by Union Asphalt, Inc., and authorize the filing of a Notice of Completion. A-5 REPORT ON THE "DESTINATION 2000-GOALS REPORT FOR THE CITY OF MORRO BAY"; (ADMINISTRATION) RECONI IENDATION: Receive report for information. B. PUBLIC HEARINGS REPORTS & APPEARANCES - NONE. C. UNFINISHED BUSINESS C-I ORDINANCE NO. 483 AMENDING THE LOCAL COASTAL PROGRAM ® AND ZONING ORDINANCE RELATING TO SECOND -STORY CONSTRUCTION IN THE BEACH TRACTS; (SECOND READING/ ADOPTION) RECOMMENDATION: Approve second reading and adoption of Ordinance No. 483. C-2 ORDINANCE NO. 484 AMENDING THE LOCAL COASTAL PROGRAM AND ZONING ORDINANCE RELATING TO THE MOBILE HOME OVERLAY ZONE TO BE CONSISTENT WITH STATE LAW; (SECOND READING/ADOPTION) RECOi\IMENDATION: Approve second reading and adoption of Ordinance No. 484. C-3 PROGRESS REPORT ON SHELL/EQUILON MtBE CONTAMINATION IN MORRO BAY; (PUBLIC SERVICES) RECOi\Ii\IENDATION: Receive report for information. 11 I ti D. NEW BUSINESS D-1 PRESENTATION ON THE DRAFT WATERFRONT BOARDWALK FEASIBILITY STUDY: (PUBLIC SERVICES) RECONINIENDATION: Receive presentation for information. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. 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 AT CITY HALL, LIBRARY, AND MILLS STATIONERY. ® IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 4 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - NOVEMBER 13. 2000 ® CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m. PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney Greg Fuz Public Services Director Larry Kraemer Staff Engineer Bruce Keogh Wastewater Treatment Plant Manager CLOSED SESSION MOTION: Councilmember Elliott moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) ® Mayor Anderson read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.9 (C): CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of litigation exists based upon existing facts and the advice of legal counsel as to one matter. CS-2 GOVERINNIENT CODE SECTION 54956 9(A)• CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. • San Luis Coastal Unified School District v. City of Morro Bay; San Luis Obispo Superior Court Case No. CV981044. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:55 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) The meeting adjourned at 5:55 p.m. El MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 2000 ® VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m. u u PRESENT: Rodger Anderson Colby Crotzer Dave Elliott William Peirce Janice Peters STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Rick Algert Bill Boucher Greig Cummings Jeff Jones Jim Koser Larry Kraemer Joe Loven Andrea Lueker Mayor Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Clerk Harbor Director Capital Projects Manager Planning Manager Fire Chief Finance Director Staff Engineer Police Chief Recreation & Parks Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSIONT REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action was taken. PUBLIC COMMENT Bill Hall, Duke Energy, stated Duke has filed an Application for Certification with the California Energy Commission, and said they will report on its progress to the City. Mr. Hall also noted that Duke has every intention to work with the City and its citizens. Steve Goschke, Plant Manager for Duke Energy, reviewed an update on the power plant, present and future. He noted the incident which occurred during the week was a boiler relief valve on one unit which was set off. Melody DeMerritt stated Morro Bay needs to heal as a community from past resentments. 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 2000 Jim Wood reviewed the explosion incident on the Embarcadero which occurred last week. Nelson Sullivan shared his opinion on the present City government. John Barta stated the Morro Bay Crossroad newspaper was a grass -root effort. Paul Twedt, Jr. stated GIS day is November 15, 2000 and shared their web -site address. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peters requested Council's consideration of becoming more involved in City functions, such as appointment of liaisons on City committees, and combining efforts in holding office hours every week in order to meet with the public. Councilmember Peters would also like to discuss the consideration of increasing the wage for Council. Councilmember Peirce requested the discussion of the City's participation in the 4th of July festivities. ® A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF OCTOBER 23, 2000; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 73-00 APPROVING AMENDMENT TO INTERIM LEASE FOR LEASE SITE 144/144W; (HARBOR) RECOMMENDATION: Adopt Resolution No. 73-00. A-3 RESOLUTION NO. 74-00 APPROVING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITE 35W/36W; (HARBOR) RECOMMENDATION: Adopt Resolution No. 74-00. El i MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 2000 A-4 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR STREET REHABILITATION PROJECT; (CAPITAL PROJECTS MANAGER) RECONINIENDATION: Accept the project as completed by Union Asphalt, Inc., and authorize the filing of a Notice of Completion. A-5 REPORT ON THE "DESTINATION 2000-GOALS REPORT FOR THE CITY OF MORRO BAY'; (ADMINISTRATION) RECONEMENDATION: Receive report for information. Councilmember Peirce pulled Items A-1 and A-3 from the Consent Calendar; Councilmember Crotzer pulled Item A-4, and Councilmember Peters pulled Item A-5. MOTION: Councilmember Peirce moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF OCTOBER 23, ® 2000; (ADMINISTRATION) 1 Councilmember Peirce referred to a typographical error on page 7 of the minutes, and requested the City Clerk change the word "dissenting" to "abstaining". MOTION: Councilmember Peirce moved the City Council approve Item A-1 as amended. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-3 RESOLUTION NO. 74-00 APPROVING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITE 35W/36W; (HARBOR) Councilmember Peirce asked what is the proposed use for this lease site? Harbor Director Rick Algert responded the short-term use will be the present use which is commercial fishing, and any long-term use changes will require an approval process. MOTION: Councilmember Peirce moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) 4 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 2000 A-4 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR STREET REHABILITATION PROJECT; (CAPITAL PROJECTS MANAGER) Councilmember Crotzer requested staff clarification on the street rehabilitation project for public information. Capital Projects Manager Bill Boucher reviewed the process of the street rehabilitation project. Councilmember Peirce noted the City now has a patch truck which will expedite and improve street repairs. MOTION: Councilmember Crotzer moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-5 REPORT ON THE "DESTINATION 2000-GOALS REPORT FOR THE CITY OF MORRO BAY",- (ADMINISTRATION) Councilmember Peters reviewed the status of the Destination 2000 Goals Report for public information. She noted the following areas which need emphasis in a future goals report: 1) emphasis on economic development; 2) development of a skateboard park; 3) ® transportation to the airport, train station, and bus station; 4) coordinate cultural events with surrounding communities; and 5) development of events and programs for youth and seniors in our community. MOTION: Councilmember Peters moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) Mayor Anderson called for a break at 7:09 p.m.; the meeting resumed at 7:21 p.m. B. PUBLIC HEARINGS REPORTS & APPEARANCES - None. C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 483 AMENDING THE LOCAL COASTAL PROGRAM AND ZONING ORDINANCE RELATING TO SECOND -STORY CONSTRUCTION IN THE BEACH TRACTS; (SECOND READING/ ADOPTION) City Manager Robert Hendrix introduced Ordinance No. 483 amending the Local Coastal Program and Zoning Ordinance relating to second -story construction in the beach tracts. Mr. Hendrix recommended the City Council approve the second reading and adoption of Ordinance No. 483. �1 riJ MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13. 2000 MOTION: Councilmember Elliott moved the City Council approve the second reading and adoption of Ordinance No. 483 amending the Local Coastal Program and Zoning Ordinance relating to second -story construction in the beach tracts. The'motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) Mr. Hendrix read Ordinance No. 483 by number and title only. C-2 ORDINANCE NO. 484 AMENDING THE LOCAL COASTAL PROGRAM AND ZONING ORDINANCE RELATING TO THE MOBILE HOME OVERLAY ZONE TO BE CONSISTENT WITH STATE LAW; (SECOND READING/ADOPTION) City Manager Robert Hendrix introduced Ordinance No. 484 amending the Local Coastal Program and Zoning Ordinance relating to the Mobile Home Overlay Zone to be consistent with State Law. Mr. Hendrix recommended the City Council approve the second reading and adoption of Ordinance No. 484. ® MOTION: Councilmember Peirce moved the City Council approve the second reading and adoption of Ordinance No. 484 amending the Local Coastal Program and Zoning Ordinance relating to the Mobile Home Overlay Zone to be consistent with State Law. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) Mr. Hendrix read Ordinance No. 484 by number and title only. C-3 PROGRESS REPORT ON SHELL/EQUILON MtBE CONTAMINATION IN MORRO BAY; (PUBLIC SERVICES) Staff Engineer Larry Kraemer reviewed the progress on the Shell/Equilon MtBE contamination in Morro Bay for Council and public information. This was an informational item; no action was taken. 131 I MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 13, 2000 D. NEW BUSINESS D-1 PRESENTATION ON THE DRAFT WATERFRONT BOARDWALK FEASIBILITY STUDY; (PUBLIC SERVICES) Capital Projects Manager Bill Boucher reviewed the draft Waterfront Boardwalk Feasibility Study which takes a closer look at the pedestrian and bicycle portions of the Waterfront Master Plan (WMP) which was adopted in 1996. He said the intent of this analysis was to investigate the schematic improvements, provide more detail and preliminary concept plans of specific facilities and prepare cost estimates. Mr. Boucher stated a study grant request was approved by the San Luis Obispo Council of Governments in 1998. Mr. Boucher stated the key elements of the WIMP incorporated into this study are waterfront pedestrian boardwalks, Class I bike paths, a pedestrian path along the north Embarcadero, modifications to the harbor parking lot, re -alignment of Coleman Drive; and extension of Embarcadero to Morro Creek. He said the total estimated cost of 51,856,622 includes the components of design engineering, permitting, construction and construction contingencies. ® David Foote, representative of FIRMA, a landscape architect firm contracted as consultant on this project, reviewed the proposed route of the Waterfront Boardwalk. This was an informational item: no action was taken. F. ADJOURNMENT MOTION: Councilmember Elliott moved the City Council adjourn this meeting to the workshop conducted by the County Drug and Alcohol Services on November 14, 2000 at 6:00 p.m. at the Community Center, 1001 Kennedy Way, Morro Bay. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) The meeting adjourned at 8:05 p.m. Recorded by: ® Bridgett Bauer City Clerk 7 City of Morro Bay City Council Agenda Mission Statement The City of Alorro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - OCTOBER 23, 2000 CLOSED SESSION - OCTOBER 23, 2000 CITY HALL CONFERENCE ROOD? - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA C CS-1 GOVEWNINIENT CODE SECTION 54956.9 (C)• CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of litigation exists based upon existing facts and the advice of legal counsel as to one matter. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION NIEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. E ® PUBLIC SESSION - OCTOBER 23, 2000 VETERANS DIEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official; commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A -I APPROVAL OF MINUTES FOR THE REGULAR MEETINGS OF SEPTEMBER 25, 2000 AND OCTOBER 9, 2000; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT - SEPTEMBER 2000; (FINANCE) Is RECO'NIMENDATION: Receive report for information. ® A-3 EXPENDITURE REPORT - SEPTEMBER 2000; (FINANCE) RECOMNIENDATION: Approve as submitted. A-4 RESOLUTION NO. 68-00 AMENDING FISCAL YEAR 1999/2000 BUDGET; (FINANCE) RECONIMENDATION: Adopt Resolution No. 68-00. A-5 RESOLUTION NO. 69-00 APPROVING SUBLEASE FOR LEASE SITE 67/67W; (HARBOR) RECONINIENDATION: Adopt Resolution No. 69-00. A-6 RESOLUTION NO. 70-00 APPROVING SUBLEASE FOR A PORTION OF LEASE SITE 93-95/93W-95W; (HARBOR) RECOMMENDATION: Adopt Resolution No. 70-00. A-7 RESOLUTION NO. 66-00 APPROVING AGREEMENTS WITH STATE ® DEPARTMENT OF TRANSPORTATION FOR QUINTANA ROAD REHABILITATION/BIKE LANE PROJECT; (CAPITAL PROJECTS MANAGER) RECOMNIENDATION: Adopt Resolution No. 66-00. A-8 ANNUAL REPORT ON ASSEMBLY BILL 1913 FUNDS - CITIZEN'S OPTION FOR PUBLIC SAFETY; (POLICE) RECONIMENDATION: Receive report for information. A-9 RESOLUTION NO. 67-00 AUTHORIZING THE MORRO BAY POLICE DEPARTMENT TO PARTICIPATE IN A MULTI -AGENCY DUI TASK FORCE AND EDUCATION GRANT; (POLICE) RECOMMENDATION: Adopt Resolution No. 67-00. A-10 RESOLUTION NO. 71-00 IN OPPOSITION TO PROPOSITION 37 - (FEES. TAXES, NEW DEFINITIONS. VOTE REQUIREMENTS. INITIATIVE CONSTITUTIONAL AMENDMENT); (ADMINISTRATION) RECONIMENDATION: Adopt Resolution No. 71-00. 11 3 A-11 PROCLAMATION DECLARING OCTOBER 23 - 31, 2000 AS "RED RIBBON ® WEEK"; (ADMINISTRATION) RECONINIENDATION: Adopt Proclamation. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 ORDINANCE NO. 483 AMENDING THE LOCAL COASTAL PROGRAM AND ZONING ORDINANCE RELATING TO SECOND -STORY CONSTRUCTION IN THE BEACH TRACTS - FIRST READING/INTRODUCTION; (PUBLIC SERVICES) RECOMNIENDATION: Approve first reading and introduction of Ordinance No. 483. B-2 ORDINANCE NO. 484 AMENDING THE LOCAL COASTAL PROGRAM AND ZONING ORDINANCE RELATING TO THE MOBILE HOME OVERLAY ZONE TO BE CONSISTENT WITH STATE LAW - FIRST READING/INTRODUCTION; (PUBLIC SERVICES) RECOMMENDATION: Approve first reading and introduction of Ordinance No. 484. C. UNFINISHED BUSINESS C-1 PRESENTATION BY DUKE ENERGY REGARDING THE APPLICATION TO THE CALIFORNIA ENERGY COMMISSION RECOMNIENDATION: Receive report for information. C-2 PROGRESS REPORT ON DUKE ENERGY POWER PLANT REPLACEMENT PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Receive report for information. C-3 PROGRESS REPORT ON SHELL/EQUILON MtBE CONTAMINATION IN MORRO BAY; (PUBLIC SERVICES) RECOMMENDATION: Receive report for information. C-4 RESOLUTION NO. 72-00 AUTHORIZING THE MAIN STREET/HIGHWAY 41 INTERSECTION IMPROVEMENT ANALYSIS; (PUBLIC SERVICES) 0 RECONINIENDATION: Adopt Resolution No. 72-00. 4 D. NEW BUSINESS - NONE. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. 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 AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. E 11 ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - OCTOBER 23, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) Mayor Anderson read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.9 (C): CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of litigation exists based upon existing facts and the advice of legal counsel as to one matter. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:40 p.m. MOTION: Councilmember Peters moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 5:40 p.m. 0 Cif J MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 23, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m. PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Rick Algert Bill Boucher Greig Cummings Greg Fuz Clyde Ganes Jeff Jones Jim Koser Larry Kraemer Joe Loven Andrea Lueker City Manager City Attorney City Clerk Harbor Director Capital Projects Manager Planning Manager Public Services Director Building Official Fire Chief Finance Director Civil Engineer Police Chief Recreation & Parks Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action was taken. PUBLIC COMMENT Chuck Meissner thanked Council for taking action on the many projects during their tenure, including the following: 1) the teen center; 2) off-street parking; 3) dredging of the harbor: and 4) the power plant modernization plan. Ellen Sturtz requested citizens vote No on Measure P and Yes on Measure Q, and asked ® for support by placing political signs in their yards. She also stated the public should be aware that there will still be power in the City without the Duke Energy Power Plant. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 23, 2000 Meredith Bates stated the following should take place in politics: 1) candidates should walk the precincts; 2) negative attacks are not necessary; 3) campaign financial reports should list who is making donations and where they are from; and 4) candidates should purchase their campaign supplies locally. Melody DeMerritt addressed the conflict of obtaining inappropriate campaign funds; and who can fairly represent the City. David Nelson expressed concern with Item C-4 (Consideration of the Main Street/ Highway 41 Intersection Improvement Analysis) which he finds in support of the Duke Energy Power Plant project. He also stated candidate donations received from Duke Energy is in support of killing the estuary. Julie Wilson requested Council consider taking action on placing a device to slow or stop traffic on Yerba Buena Street (petitions regarding this request were circulated and submitted.) ® Ken Vesterfelt recently became a citizen of the United States and has the right to vote which is both exciting and confusing. He made clarification to some distracting comments made by some candidates. John Barta stated the final say on the Duke Energy Power Plant will be made by the State California Energy Commission (CEC). He thanked Council members for keeping local control, and requested citizens' support by voting Yes on Measure P and No on Measure Q. Heidi Surban listed issues of why the Duke Energy Power Plant should not be modernized due to health and environmental hazards. She stated Friends of the Future request a Yes vote on Measure Q and a No vote on Measure P. Darrel Brady stated he disagrees with decisions made by the City Council on past financial matters. He also noted that the Duke Energy Power Plant project can be defeated with public relations. Bill Woodson requested citizen support in voting Yes on Measure P and No on Measure Q. He stated the local economy on home valuations, motels/hotels, and restaurants in Morro Bay have gone up substantially in the past year. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 23, 2000 Bill Hall, Duke Energy, stated the application to the CEC was submitted today for the modernization plan of the Duke Energy Power Plant. He said the Duke team has come forward to tell all facts in the past and will continue in the present through the permitting process. Mr. Hall stated the CEC will not permit the plan if there are concerns with health and/or environmental hazards. He requested citizen support in voting Yes on Measure P. Barbara Playan expressed support in voting for the Mayor and Council members running for re-election, and noted a change could present a problem within the City. William Yates stated the present Council has done a great job on issues before them. He requested citizen support by voting Yes on Measure P and No on Measure Q. Jack Curry stated the Motel/Restaurant Association is in support of Measure P and the Duke Energy Power Plant Modernization Plan. ® Mayor Anderson closed the public comment hearing. Mayor Anderson re -opened the hearing for public comment at 9:36 p.m. Jack McCurdy stated the Coastal Alliance did not receive a copy of the Duke Energy Application to the CEC. Peter Wagner stated the magnitude of the proposed Duke Energy project should require a coastal amendment. Andrew Trump, Duke Energy, made clarification on water consumption (cooling water flow rate) used by the Duke Energy Power Plant. Wally McCray stated the majority of plants and trees that die in the City are from pests, bacteria and climate, and not from the Duke Energy Power Plant. Steve Goschke, Plant Manager for Duke Energy Power Plant, stated the plant is busy getting ready for the winter months. He reminded citizens of the Duke Energy "chats" held every Thursday from 4-6 p.m. at the power plant site. DECLARATION OF FUTURE AGENDA ITEMS is discussion Peters requested an update on the Destination 2000 Report, and discussion on the proposed civic center. 4 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 23, 2000 A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A -I APPROVAL OF MINUTES FOR THE REGULAR MEETINGS OF SEPTEMBER 25, 2000 AND OCTOBER 9, 2000; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT - SEPTEMBER 2000; (FINANCE) RECOMMENDATION: Receive report for information. A-3 EXPENDITURE REPORT - SEPTEMBER 2000; (FINANCE) ® RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 68-00 AMENDING FISCAL YEAR 1999/2000 BUDGET; (FINANCE) RECOMMENDATION: Adopt Resolution No. 68-00. A-5 RESOLUTION NO. 69-00 APPROVING SUBLEASE FOR LEASE SITE 67/67W; (HARBOR) RECOMMENDATION: Adopt Resolution No. 69-00. A-6 RESOLUTION NO. 70-00 APPROVING SUBLEASE FOR A PORTION OF LEASE SITE 93-95/93W-95W; (HARBOR) RECOMMENDATION: Adopt Resolution No. 70-00. A-7 RESOLUTION NO. 66-00 APPROVING AGREEMENTS WITH STATE DEPARTMENT OF TRANSPORTATION FOR QUINTANA ROAD REHABILITATION/BIKE LANE PROJECT; (CAPITAL PROJECTS MANAGER) ® RECONIIIENDATION: Adopt Resolution No. 66-00. 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 23, 2000 A-8 ANNUAL REPORT ON ASSEMBLY BILL 1913 FUNDS - CITIZEN'S OPTION FOR PUBLIC SAFETY; (POLICE) RECONINIENDATION: Receive report for information. A-9 RESOLUTION NO. 67-00 AUTHORIZING THE MORRO BAY POLICE DEPARTMENT TO PARTICIPATE IN A MULTI -AGENCY DUI TASK FORCE AND EDUCATION GRANT; (POLICE) RECONIMENDATION: Adopt Resolution No. 67-00. A-10 RESOLUTION NO. 71,00 IN OPPOSITION TO PROPOSITION 37 - (FEES, TAXES, NEW DEFINITIONS. VOTE REQUIREMENTS. INITIATIVE CONSTITUTIONAL AMENDMENT); (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 71-00. ® A-11 PROCLAMATION DECLARING OCTOBER 23 - 31, 2000 AS "RED RIBBON WEEK": (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. Councilmember Peirce pulled Item A-1 from the Consent Calendar; Councilmember Peters pulled Item A-3; and Mayor Anderson pulled Items A-6 and A-11. MOTION: Councilmember Peters moved the City Council approve the Consent Calendar with the exception of Items A-1, A-3, A-6 and A-11. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS OF SEPTEMBER 25, 2000 AND OCTOBER 9, 2000 Councilmember Peirce stated there were two typographical errors in the minutes of September 25, 2000 that have been corrected by the City Clerk. MOTION: Councilmember Peirce moved the City Council approve Item A-1 of the Consent Calendar. The motion was seconded by Councilmember Elliott ® and carried unanimously. (5-0) 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 23, 2000 A-3 EXPENDITURE REPORT - SEPTEMBER 2000 Councilmember Peters requested staff clarification on various large line items in the report. Finance Director Jim Koser responded to those particular expenses. MOTION: Councilmember Peters moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-6 RESOLUTION NO. 70-00 APPROVING SUBLEASE FOR A PORTION OF LEASE SITE 93-95/93W-95W; (HARBOR) Mayor Anderson stepped down from this item due to a conflict of interest. MOTION: Councilmember Crotzer moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried with Mayor Anderson abstaining. (4-0-1) ® A-11 PROCLAMATION DECLARING OCTOBER 23 - 31, 2000 AS "RED RIBBON WEEK" Mayor Anderson reviewed this item for public information. MOTION: Mayor Anderson moved the City Council approve Item A -I I of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 ORDINANCE NO. 483 AMENDING THE LOCAL COASTAL PROGRAM AND ZONING ORDINANCE RELATING TO SECOND -STORY CONSTRUCTION IN THE BEACH TRACTS - FIRST READING/INTRODUCTION; (PUBLIC SERVICES) Doug Davidson, Cannon & Associates Planning Consultant, reviewed the recommended amendment to the Local Coastal Program and Zoning Ordinance relating to second story construction in the beach tracts. He noted the Planning Commission during their review of this amendment, recommended the City Council adopt the amendment which limits dwellings to single -story buildings up to a maximum of seventeen feet in height. Mr. Davidson recommended the City Council approve the first reading and introduction of Ordinance No. 483. 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 23, 2000 Mayor Anderson opened the hearing for public comment. Joe Woods requested if Council considers the Planning Commission's recommendation to limit dwellings to single -story buildings, that Council also consider the standards for lot coverage and setbacks in the beach tracts. The following people spoke in favor of the adoption of the ordinance amendment which limits dwellings to single -story buildings to a maximum of seventeen feet in height: Robert Lyon, Robert Davis, Gene Shelton, Leabah Winter, Jim Nance, Barry Dorfmann, and Art Stansbury. Mayor Anderson closed the public comment hearing. MOTION: Councilmember Crotzer moved the City Council approve the first reading and introduction of Ordinance No. 483 amending the Local Coastal Program and Zoning Ordinance relating to second -story construction in the beach tracts. The motion was seconded by Councilmember Peters and ® carried unanimously. (5-0) City Manager Robert Hendrix read Ordinance No. 483 by number and title. Mayor Anderson called for a break at 7:44 p.m.; the meeting resumed at 7:55 p.m. B-2 ORDINANCE NO. 484 AMENDING THE LOCAL COASTAL PROGRAM AND ZONING ORDINANCE RELATING TO THE MOBILE HOME OVERLAY ZONE TO BE CONSISTENT WITH STATE LAW - FIRST READINGANTRODUCTION; (PUBLIC SERVICES) Doug Davidson, Cannon & Associates Planning Consultant, reviewed the recommended amendment to the Local Coastal Program and Zoning Ordinance relating to the Mobile Home Overlay Zone to be consistent with State law. He noted the Planning Commission during their review of this amendment, recommended the City Council adopt the proposed amendment to the zoning ordinance regulating manufactured housing on properties zoned for single-family residential development. Mr. Davidson stated adoption of this ordinance amendment will bring the City's zoning ordinance in compliance with State law, and recommended the City Council approve the first reading and introduction of Ordinance No. 484. Mayor Anderson opened the hearing for public comment; there were no comments, and ® the public comment hearing was closed. N ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 23, 2000 MOTION: Councilmember Elliott moved the City Council approve the first reading and introduction of Ordinance No. 484 amending the Local Coastal Program and Zoning Ordinance relating to the Mobile Home Overlay Zone to be consistent with State law. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) City Manager Robert Hendrix read Ordinance No. 484 by number and title. C. UNFINISHED BUSINESS C-1 PRESENTATION BY DUKE ENERGY REGARDING THE APPLICATION TO THE CALIFORNIA ENERGY COMMISSION Andrew Trump, Duke Energy; reviewed the process of the application for certification by the California Energy Commission of the Duke Energy Power Plant Modernization Plan. ® The City Council received this report for information; no action was taken on this item. C-2 PROGRESS REPORT ON DUKE ENERGY POWER PLANT REPLACEMENT PROJECT; (PUBLIC SERVICES) Public Services Director Greg Fuz reviewed the progress of the Duke Energy Power Plant Replacement Project, and the application for certification by the California Energy Commission of the Duke Energy Power Plant Modernization Plan. The City Council received this report for information; no action was taken on this item. C-3 PROGRESS REPORT ON SHELL/EQUILON MtBE CONTAMINATION IN MORRO BAY; (PUBLIC SERVICES) Public Services Director Greg Fuz reviewed the progress of the Shell/Equilon MtBE contamination situation in Morro Bay. The City Council received this report for information; no action was taken on this item. 11 9 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 23, 2000 CA RESOLUTION NO. 72-00 AUTHORIZING THE MAIN STREET/HIGHWAY 41 INTERSECTION IMPROVEMENT ANALYSIS; (PUBLIC SERVICES) Capital Projects Manager Bill Boucher stated the intersection of Main Street with State Highways 41 and 1 is a complex, multi -legged intersection in the community identified as eligible for geometric and operational improvements and seemingly conducive to the traditional traffic engineering approach of signal installation. He said because two of the three streets involved in this intersection are under the jurisdiction of the State Department of Transportation, staff is working with this agency on various processes in the effort to develop one or more alternatives which provide for long-term mitigation of current and future problems. Mr. Boucher stated staff has been informed that a higher percentage of local thatching funds can go far to accelerate the overall process and that a local match of more than 50% can allow the City more control. He said with the present grant fund application cycle, the City may be in an advantageous position to compete for regional grant funding for this intersection. Mr. Boucher recommended the City Council adopt Resolution No. 72-00 authorizing the funding application for the Main ® Street/Highway 41 intersection improvement design and construction. MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 72-00 authorizing the funding application for the Main Street/Highway 41 intersection improvement design and construction. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) D. NEW BUSINESS - NONE. F. ADJOURNMENT The meeting adjourned at 9:52 p.m. Recorded by: �J Bridget[ Bauer City Clerk 1 10 • City of Morro Bay City Council Agenda tlfission Statement The City of Dforro Bay is dedicated to the preservation and enhancement of the quality of fife. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - OCTOBER 9, 2000 (REVISED - OCTOBER 6, 2000) CLOSED SESSION - OCTOBER 9, 2000 CITY HALL CONFERENCE ROOD? - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA ® CS-1 GOVERNMENT CODE SECTION 54956.8• REAL PROPERTY TRANSACTIONS. Instructing City's real property negotiator regarding the price and terms of payment for the prchase, sale, exchange, or lease of real property as to two (2) parcels. Property: 552 Dunes Street Negotiating Parties: Lipe Family and the City of Morro Bay Negotiations: Voluntary Purchase and Sale. Pro eerrtt: 570 Dunes Street Negotiating Parties: Cortella Family and the City of Morro Bay NegOtlatlons: Voluntary Purchase and Sale. CS-2 GOVERNDIENT CODE SECTION 54956.9 (c)• CONFERENCE R'ITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of litigation exists based upon existing facts and the advice of legal counsel as to two matters. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION INIEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. E ® PUBLIC SESSION - OCTOBER 9, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. ® • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. C O NIC'11 DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-] APPROVAL OF MINUTES FOR THE REGULAR MEETING OF SEPTEMBER 25, 2000; (ADMINISTRATION) REC01li\ZENDATION: Approve as submitted. A-2 RESOLUTION NO. 63-00 AUTHORIZING DESIGNATION OF FIFTEEN MINUTE PARKING RESTRICTION AT TIDELANDS PARK BOAT RINSE - DOWN STATION AND LOADING ZONES AT DUNES STREET AND TIDELANDS PARK DOCKS; (HARBOR) ® RECONINIENDATION: Adopt Resolution No. 63-00. 1) ® A-3 RESOLUTION NO. 62-00 APPROVING AN INCREASE TO COMMERCIAL AND RESIDENTIAL SOLID WASTE COLLECTION RATES; (ADMINISTRATION) C 17 L'J RECONIMENDATION: Adopt Resolution No. 62-00. A-4 RESOLUTION NO. 64-00 AUTHORIZING THE MAYOR TO EXECUTE REAL PROPERTY AGREEMENT FOR ACQUISITION OF 570 DUNES STREET; (ADMINISTRATION) RECONLMENDATION: Adopt Resolution No. 64-00. B. PUBLIC HEARINGS REPORTS R APPEARANCES - NONE. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON DUKE ENERGY POWER PLANT REPLACEMENT PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Receive report for information. D. NEW BUSINESS D-1 PRESENTATION BY DAVID SPARR OF THE ECONOMIC VITALITY CORPORATION REGARDING BUSINESS RETENTION AND EXPANSION PROGRAM; (ADMINISTRATION) RECONI1N4ENDATION: Receive report for information. D-2 PRESENTATION ON CONCEPTUAL CITY/COUNTY JOINT FACILITY; (RECREATION & PARKS) RECONINIENDATION: Receive presentation from Allan Kotin of PCR Kotin regarding the concept of a joint Cite/County building in Nlorro Bay. D-3 CONSIDERATION OF RESOLUTION NO. 65-00, DECLARING AN EMERGENCY CONDITION TO EXIST REGARDING A THREAT TO THE MORRO BASIN WELLFIELD AND AUTHORIZING THE APPROVAL OF PROTECTIVE MEASURES TO SAFEGUARD THE CITY OF MORRO BAY'S PRECIOUS LOCAL WATER RESOURCES. RECOMMENDATION: E. ADJOURNMENT Adopt Resolution No. 65-00. 3 ® THIS AGENDA IS SUBJECT TO AMENDMIENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERIC'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. 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 AT CITI' IIALL, LIBRARY. AND NULLS STATIONERY. INCOMPLIANCE R'ITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITI' TO l'HE MEETING. Ll 0 (AGENDA REVISED OCTOBER 6, 2000) ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - OCTOBER 9, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) ® Mayor Anderson read the Closed Session statement. CS -I GOVERNi)MENT CODE SECTION 54956.8; REAL PROPERTY TRANSACTIONS. Instructing City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to two (2) parcels. • PropertX: 552 Dunes Street Negotiating Parties: Lipe Family and the City of Morro Bay Negotiations: Voluntary Purchase and Sale. • PropertX: 570 Dunes Street Negotiating Parties: Cortella Family and the City of Morro Bay Negotiations: Voluntary Purchase and Sale. CS-2 GOVERNN`i\MENT CODE SECTION 54956.9 (c)• CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION Initiation of litigation exists based upon existing facts and the advice of legal counsel as to two matters. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:50 p.m. El ® MOTION: Councilmember Elliott moved the meeting be adjourned. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 9. 2000 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney ® Bridgett Bauer City Clerk Rick Algert Harbor Director Greg Fuz Public Services Director Jeff Jones Fire Chief Jim Koser Finance Director Andrea Lueker Recreation & Parks Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action was taken. 120J.]4[ 1091"Mul"M Henrietta Groot read a letter sent to the Mayor and City Council by the Coastal Alliance regarding Duke Energy's legislative efforts versus the MOU. She requested the City Council demand an amendment to the MOU to require assurances from Duke Energy, ® and sign a separate agreement to restore the integrity of the MOU. 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 9, 2000 Doris Murray, Morro Bay Neighbors, expressed a dream. Chuck Meissner expressed support for the Duke Energy Project, stating a modernized plant will be cleaner and more efficient. He asked citizens to vote Yes on P and No on Q. Lynda Merrill addressed threatening gestures made to women who are expressing their views on particular political issues. Bill Woodson, Chairman for Yes on Measure P, stated revenue from the Duke Energy Power Plant is good for the City. He requested support for Measure P on election day. Betty Winholtz addressed the increase in garbage rates. She also opposes the purchase of the Dunes Street property without public input. Jack McCurdy stated there is an alternative for no power plant in Morro Bay. He said a proposal will be submitted for purchase of the property by the Coastal Alliance and Packard Foundation. Mr. McCurdy stated if the project is not approved, Duke Energy ® has the option to shut down the plant and sell it. Peter Wagner clarified the difference between the Coastal Alliance and Morro Bay Neighbors which seeks a No vote on Measure P. He referred to a Tribune article on municipal power plants. John Barra stated the decision on the Duke Energy power plant will be decided by Duke Energy and the State of California, and referred to several newspaper articles referring to utilities. Dave Nelson stated Morro Bay should save the estuary and pollution by not supporting the power plant. He also noted the Coastal Alliance was denied a booth at the Harbor Festival. Bill Hall, Duke Energy, stated Duke Energy has no intention to violate the MOU. He said Duke Energy's vision is to replace the existing plant with one that will be more efficient. Meredith Bates stated respect for women who are involved in politics is necessary. She said having the Coastal Alliance to take Duke Energy to task is a positive thing. Steve Goschke, Duke Energy Plant Manager, stated the plant has been involved in the ® Harbor Festival for several years. He invited the public to Duke chats on Thursday evenings. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 9. 2000 Nelson Sullivan stated Duke Energy's money should not influence the City. He also addressed the constitutionality of political signs. Bonita Chumey stated the Closed Session meetings relating to the MtBE issue should be made public if litigation exists. Mayor Anderson closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Crotzer requested the Council consider taking a stand in opposition to Proposition 37 which would have an impact on fees. Mayor Anderson called for a break at 7:18 p.m.; the meeting resumed at 7:34 p.m. A. CONSENT CALENDAR ® Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF SEPTEMBER 25, 2000; (ADMINISTRATION) RECONI IENDATION: This item was pulled from the agenda. A-2 RESOLUTION NO. 63-00 AUTHORIZING DESIGNATION OF FIFTEEN MINUTE PARKING RESTRICTION AT TIDELANDS PARK BOAT RINSE - DOWN STATION AND LOADING ZONES AT DUNES .STREET AND TIDELANDS PARK DOCKS; (HARBOR) RECOMMENDATION: Adopt Resolution No. 63-00. A-3 RESOLUTION NO. 62-00 APPROVING AN INCREASE TO COMMERCIAL AND RESIDENTIAL SOLID WASTE COLLECTION RATES; (ADMINISTRATION) RECONEMENDATION: Adopt Resolution No. 62-00. C 4 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 9, 2000 A-4 RESOLUTION NO. 64-00 AUTHORIZING THE MAYOR TO EXECUTE REAL PROPERTY AGREEMENT FOR ACQUISITION OF 570 DUNES STREET; (ADMINISTRATION) RECOD7i11ENDATION: Adopt Resolution No. 64-00. Councilmember Crotzer pulled Item A-4 from the Consent Calendar. MOTION: Councilmember Crotzer moved the City Council approve the Consent Calendar with the exception of Item A-4. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-4 RESOLUTION NO. 64-00 AUTHORIZING THE MAYOR TO EXECUTE REAL PROPERTY AGREEMENT FOR ACQUISITION OF 570 DUNES STREET Councilmember Crotzer requested this item be continued until Item D-2 is heard; Council ® concurred. B. PUBLIC HEARINGS. REPORTS & APPEARANCES - None. CI C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON DUKE ENERGY POWER PLANT REPLACEMENT PROJECT; (PUBLIC SERVICES) Public Services Director Greg Fuz reviewed a progress report on the Duke Energy Power Plant Replacement Project. Andrew Trump, Duke Energy, reviewed Duke Energy's perspective on the status of the project to date. Council received this report for information; no action was taken on this item. Mayor Anderson requested Council take the agenda out of order to hear Item D-2 next; Council concurred. E ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 9, 2000 D. NEW BUSINESS D-1 PRESENTATION BY DAVID SPAUR OF THE ECONOMIC VITALITY CORPORATION REGARDING BUSINESS RETENTION AND EXPANSION PROGRAM; (ADMINISTRATION) The City Council received a presentation by David Spaur, President of the Economic Vitality Corporation (EVC) regarding the Business Retention and Expansion Program. Mr. Spaur stated based on the study of this Program, the EVC has a better understanding of what the needs and concerns of local businesses consist of. He said it was found that a high percentage of businesses interviewed are planning on expanding, both in facilities and employees. Council received this report for information; no action was taken on this item. D-2 PRESENTATION ON CONCEPTUAL CITY/COUNTY JOINT FACILITY; (RECREATION & PARKS) is The City Council received a presentation by Allan Kotin of PCR Kotin regarding the concept of a joint City/County building in Morro Bay. Mr. Kotin submitted a preliminary analysis of some of the design and economic considerations for the construction of a facility of approximately 45,000 square feet on property currently owned by the City of Morro Bay. He said this facility would house approximately 14,000 square feet of City administrative offices and approximately 31,000 square feet of County facilities, primarily a regional facility for the Department of Public Social Services. Councilmember Peters stated she is ready to move ahead with the review of this proposed project. Councilmember Elliott also said he supports moving forward with the review of this project. He also stated he supports Item A-4 (Resolution No. 64-00 Authorizing the Mayor to Execute Real Property Agreement for Acquisition of 570 Dunes Street). Councilmember Crotzer stated this project needs more public input. MOTION: Councilmember Elliott moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried with Councilmember Crotzer voting no. (4-1) ® Council received the report on Item D-2 for information; no action was taken on this item. N ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 9, 2000 D-3 CONSIDERATION OF RESOLUTION NO. 65-00, DECLARING AN EMERGENCY CONDITION TO EXIST REGARDING A THREAT TO THE MORRO BASIN WELLFIELD AND AUTHORIZING THE APPROVAL OF PROTECTIVE MEASURES TO SAFEGUARD THE CITY OF MORRO BAY'S PRECIOUS LOCAL WATER RESOURCES. Public Services Director Greg Fuz stated staff is requesting that the Council declare an emergency exists with respect to protection of the Morro Well Field from MtBE contamination in order to expedite related repairs to the Atascadero Road sewer line and allow staff to take any other necessary steps to protect the wells in an expeditious manner. The declaration of emergency will allow the Public Services Director to act on behalf of the City Council to approve any contracts necessary to expedite the sewer line repair. The proposed resolution also allows the Director to take other actions as necessary to expedite the remediation efforts and ensure that no interruptions in water service to the community occur as a result of this situation. Mr. Fuz recommended the City Council adopt Resolution No. 65-00 declaring an emergency condition to exist regarding a threat ® to the Morro Basin wellfield and authorizing the approval of protective measures to safeguard the City of Morro Bay's precious local water resources. Consensus of the City Council was that the City needs to move forward and empower staff to do what is needed to keep the MtBE out of the City drinking water and out of the water wells. MOTION: Councilmember Crotzer moved the City Council adopt Resolution No. 65- 00 authorizing the Director of Public Services to order actions deemed appropriate to mitigate the conditions under emergency contracting outlined in Section 22050 of the Public Contract Code, and to take any additional steps needed to protect the City's precious water supplies and ensure that interruptions in water service to the community do not occur. Council further directs staff to prepare a letter to the Regional Quality Water Board seeking an abatement order against Shell Oil. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) F. ADJOURNMENT - The meeting adjourned at 3:44 p.m. Recorded by: l Brid�r ® City Clerk 7 ® NOTICE OF SPECIAL CLOSED SESSION MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding Closed Session at a Special Meeting on Wednesday, October 4, 2000 at 5:00 p.m. to be held at the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California in order to review the following closed session items: CS-1. Government Code Section 54956.9(c): Conference with Legal Counsel Due to Anticipated Litigation: Initiation of litigation exists based upon existing facts and the advice of legal counsel as to two matters. It is noted that the contents of closed session meetings are confidential and exempt from disclosure. ® DATED: September 29,2000 Bridgett Bat& City Clerk City of Morro Bay City Council Agenda - Alission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - SEPTEMBER 25, 2000 CLOSED SESSION - SEPTEMBER 25, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., NIORRO BAY, CA ® CS-1 GOVERNNIENT CODE SECTION 54956 9(A)• CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION • ISOP v. RELIANCE, SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV990623 IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. U ® PUBLIC SESSION-SEPTEMBER 25, 2000 VETERANS MENIORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: ® • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF SEPTEMBER 11, 2000; (ADMINISTRATION) RECONINIENDATION: Approve as submitted. A-2 CASH & INVESTMENTS - AUGUST 2000; (FINANCE) ® RECOMNIENDATION: Receive report for information. 2 ® A-3 EXPENDITURE REPORT- AUGUST 2000; (FINANCE) RECONIMENDATION: Approve report as submitted. A-4 RESOLUTION NO. 56-00 INi SUPPORT OF EFFORTS OF THE CALIFORNIA HIGHWAY PATROL IN TRAFFIC STOP DEMOGRAPHIC DATA COLLECTION GRANT PROGRAM; (POLICE) RECONIilIENDATION: Adopt Resolution No. 56-00. A-5 RESOLUTION NO. 58-00 APPROVING SUBLEASE AGREEMENT FOR LEASE SITE 87-88/87W-88W; (HARBOR) RECOMMENDATION: This item has been pulled from the agenda. A-6 RESOLUTION NO. 61-00 AUTHORIZING COASTAL COMMISSION GRANT APPLICATION FOR URBAN RUN-OFF STORM WATER POLICY REVIEW; (PUBLIC SERVICES) RECONINIENDATION: Adopt Resolution No. 61-00. A-7 RESOLUTION NO. 60-00 AUTHORIZING FUNDING APPLICATION FOR isMAIN STREET/HIGHWAY 41 INTERSECTION IMPROVEMENT DESIGN AND CONSTRUCTION; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 60-00. A-8 RESOLUTION NO. 59-00 AUTHORIZING FUNDING APPLICATION FOR THE EMBARCADERO BOARDWALK DESIGN AND CONSTRUCTION; (PUBLIC SERVICES) RECONINIENDATION: Adopt Resolution No. 59-00. A-9 PROCLAMATION DECLARING OCTOBER 8-14, 2000 AS "FIRE PREVENTION WEEK'; (FIRE) RECONIMENDATION: Adopt Proclamation. A-10 PROCLAMATION DECLARING OCTOBER 2-10, 2000 AS "VOTER REGISTRATION WEEK'; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. 3 ® B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 CONSIDERATION OF GARBAGE COLLECTION RATE INCREASE AND RECYCLING CONTRACT; (ADMINISTRATION) RECOMDIENDATION: Receive report and public comment, and direct staff accordingly. C. UNFINISHED BUSINESS - NONE. D. NEW BUSINESS D-1 FISH & GAME DIRECTOR ORDER RESTRICTING THE CENTRAL CALIFORNIA GILL NET FISHERY; (HARBOR) RECOMMENDATION: Authorize the Mayor to correspond with the Department of Fish & Game requesting reconsideration of the September 11, 2000 Executive Order which closed the local gill net fishery out to 60 fathoms between Pt. Sal and Pt. Arguello. D-2 REPORT ON POLITICAL CAMPAIGN SIGN ORDINANCE; (CITY ATTORNEY) ® RECOMNIENDATION: Receive report for information. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. 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 AT CITY HALL, LIBRARY, AND MILLS STATIONERY. N COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. L, ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - SEPTEMBER 25, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. 1 Vice -Mayor Peirce called the meeting to order at 5:00 p.m PRESENT: William Peirce Vice -Mayor Colby Crotzer Councilmember Dave Elliott Councilmember Janice Peters Councilmember ABSENT:. STAFF: CLOSED SESSION Rodger Anderson Robert Hendrix Robert Schultz Mayor City Manager City Attorney MOTION: Councilmember Peters moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Elliott and unanimously carried. (4-0) Vice -Mayor Peirce read the Closed Session statement. CS-1 GOVERN'NIENT CODE SECTION 54956 9( ); CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION • /SOP v. RELIANCE, SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV990623 The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Elliott moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carried. (4-0) The meeting adjourned at 5:50 p.m. I] E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 25, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. Vice -Mayor Peirce called the meeting to order at 6:00 p.m PRESENT: William Peirce Vice -Mayor Colby Crotzer Councilmember Dave Elliott Councilmember Janice Peters' Councilmember ABSENT: Rodger Anderson STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Rick Algert William Boucher Janeen Burlingame Greg Fuz Jeff Jones Jim Koser Joe Leven Andrea Lueker Mayor City Manager City Attorney City Clerk Harbor Director Capital Projects Manager Management Analyst Public Services Director Fire Chief Finance Director Police Chief Recreation & Parks Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action was taken. PUBLIC COMMENT Chuck Meissner expressed support for Measure P stating this measure will assist with new business opportunities and prosperity for the economy of the City. Ken Vesterfelt, President of Morro Bay Beautiful, announced the upcoming Mutt Mitt Dog Show that will be held on October 21, 2000 at Del Mar Park. Dannie Tope, HJ Saloon, requested information on when the parking in -lieu fund will be reimbursed for the teen center on Morro Avenue. 1A ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 25, 2000 Betty Winholtz addressed the need for repair of certain streets which are not listed on the street rehabilitation list. Bill Woodson expressed support for Measure P stating the Duke Energy expansion project is pivotal to this community because it will be more effective, more efficient, cause less pollution, and lessen energy costs. David Nelson expressed opposition to Measure P stating the City is giving Duke Energy direct subsidy in the form of the water taken out of the bay. He noted the potential dangers to City's air, water and estuary if this measure is approved. Bonita Chumey addressed a 3rd District Court of Appeals case regarding State Water. She said the ruling on this case could be one of the most significant in the history of the State Water contracts. Ms. Chumey stated this case shows that delivery of State Water may be cut during times of shortfall, and that full delivery is unlikely under the life of the contracts. ® Tom Williams, Duke Energy, stated an ad has been placed in the Sun Bulletin to inform citizens on the key factors of the proposed modernization project. He said Duke Energy will do their best to keep the citizens informed. Peter Wagner expressed his support for RALCCO Recycling. He asked if the City has entered negotiations on the Duke Energy intake building; if the City has considered hiring an independent contractor to assess the old power plant; and, will Duke Energy accept a lower limit of cooling water. Frank Devine stated he is a newcomer to the City and gave his input on the Duke Energy power plant stating the smoke stacks are majestic and beautiful. Lynda Merrill stated Sequoia Street should not be the number one priority on the street rehabilitation project. She expressed support for the new teen center which is really needed in the City. Steve Mathieu gave a public thank you to the City safety employees for taking care of the fire behind their home. Vice -Mayor Peirce closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS -None. ® Vice -Mayor Peirce called for a break at 7:00 p.m.; the meeting resumed at 7:10 p.m. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 25, 2000 A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A -I APPROVAL OF MINUTES FOR THE REGULAR MEETING OF SEPTEMBER 11, 2000: (ADMINISTRATION) RECONIMENDATION: Approve as submitted. A-2 CASH R INVESTMENTS - AUGUST 2000: (FINANCE) RECOMMENDATION: Receive report for information. A-3 EXPENDITURE REPORT - AUGUST 2000: (FINANCE) ® RECON MENDATION: Approve report as submitted. A-4 RESOLUTION NO. 56-00 IN SUPPORT OF EFFORTS OF THE CALIFORNIA HIGHWAY PATROL IN TRAFFIC STOP DEMOGRAPHIC DATA COLLECTION GRANT PROGRAM; (POLICE) RECONEMENDATION: Adopt Resolution No. 56-00. A-5 RESOLUTION NO. 58-00 APPROVING SUBLEASE AGREEMENT FOR LEASE SITE 87-88/87W-88W: (HARBOR) RECOMNIENDATION: This item has been pulled from the agenda. A-6 RESOLUTION NO. 61-00 AUTHORIZING COASTAL COMMISSION GRANT APPLICATION FOR URBAN RUN-OFF STORM WATER POLICY REVIEW: (PUBLIC SERVICES) RECONIMENDATION: Adopt Resolution No. 61-00. A-7 RESOLUTION NO. 60-00 AUTHORIZING FUNDING APPLICATION FOR MAIN STREET/HIGHWAY 41 INTERSECTION IMPROVEMENT DESIGN AND CONSTRUCTION; (PUBLIC SERVICES) ® RECONIMENDATION: Adopt Resolution No. 60-00. 4 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 25, 2000 A-8 RESOLUTION NO. 59-00 AUTHORIZING FUNDING APPLICATION FOR THE EMBARCADERO BOARDWALK DESIGN AND CONSTRUCTION: (PUBLIC SERVICES) RECONINIENDATION: Adopt Resolution No. 59-00. A-9 PROCLAMATION DECLARING OCTOBER 8-14, 2000 AS "FIRE PREVENTION WEEK'; (FIRE) RECOMMENDATION: Adopt Proclamation. A-10 PROCLAMATION DECLARING OCTOBER 2-10, 2000 AS "VOTER REGISTRATION WEEK'; (ADMINISTRATION) RECONINIENDATION: Adopt Proclamation. Councilmember Crotzer pulled Items A-1. A-2 and A-6 from the Consent Calendar; and ® Councilmember Peters pulled Item A-8. MOTION: Councilmember Elliott moved the City Council approve the Consent Calendar with the exception of Items A-1, A-2, A-6 and A-8. The motion was seconded by Councilmember Peters and carried unanimously. (4-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF SEPTEMBER 11, 2000 Councilmember Crotzer referred to his statement on page 8, and requested his statement be amended as follows: "Councilmember Crotzer stated he does not support banning skateboarding on public property thoroughfares...... ". MOTION: Councilmember Crotzer moved the City Council approve Item A-1 of the Consent Calendar as amended. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) A-2 CASH R INVESTMENTS - AUGUST 2000 Councilmember Crotzer requested staff review the City's Investment Report for the month of August 2000 for public information. Mr. Koser reported on the City's total value of the investment portfolio for the month of August 2000. 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 25, 2000 MOTION: Councilmember Crotzer moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (4-0) A-6 RESOLUTION NO. 61-00 AUTHORIZING COASTAL COMMISSION GRANT APPLICATION FOR URBAN RUN-OFF STORM WATER POLICY REVIEW Councilmember Crotzer reviewed the Coastal Commission Grant Application for the Urban Run -Off Storm Water Policy for public information. MOTION: Councilmember Crotzer moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (4-0) A-8 RESOLUTION NO. 59-00 AUTHORIZING FUNDING APPLICATION FOR ® THE EMBARCADERO BOARDWALK DESIGN AND CONSTRUCTION Councilmember Peters requested staff clarification that this item is only for a funding application for the Embarcadero Boardwalk design and construction, and not pertaining to the project itself. Councilmember Crotzer referred to issues relating to the bike path portion of this design, and the importance of it's high priority. Councilmember Elliott stated this funding will assist the facilitation of the design of this project. MOTION: Councilmember Crotzer moved the City Council approve Item A-8 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (4-0) 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 25, 2000 B. PUBLIC HEARINGS, REPORTS R APPEARANCES B-I CONSIDERATION OF GARBAGE COLLECTION RATE INCREASE AND RECYCLING CONTRACT; (ADMINISTRATION) Management Analyst Janeen Burlingame reviewed the chronology of what has transpired since Council directed staff to negotiate a weekly curbside recycling and weekly green waste collection agreement with RALCCO Recycling. She noted at this time, staff has not received the proper insurance certification and performance bond pursuant to the agreement. Ms. Burlingame requested Council discuss this issue and direct staff accordingly. Ms. Burlingame also reviewed the request by Morro Bay Garbage Service (MBGS) for an increase to solid waste collection rates pursuant to Article 7 of the Solid Waste Franchise Agreement. She said the total rate increase request by MBGS is 11% effective January 1, 2001, and includes the 26.67% franchise fee in the increase requested. Ms. Burlingame ® stated MBGS also notes if the rate increase takes effect earlier than January I, 2001, the percentage of increase would be lessened (10.53% if effective November 1, 2000, and 10.73% if effective December 1, 2000). Ms. Burlingame stated Council's direction to staff regarding RALCCO Recycling and the recycling contract will have an affect on the options for the increased solid waste collection rates, and reviewed exhibits provided in the staff report which outlines the options available for Council's review. She recommended the City Council receive public input, and direct staff accordingly. Vice -Mayor Peirce opened the hearing for public comment. Tom Martin, Controller for MBGS, reviewed the services MBGS provides to the City. Alice Anderson stated due to an auto accident involving RALCCO Recycling they found that RALCCO's insurance elapsed and they had no insurance. Lane Ainsworth urged Council to consider going out for competitive bid for recycling services, and handle recycling services separately from garbage services. Betty Winholtz requested a breakdown of franchise fees for garbage and recycling services. 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING- SEPTEMBER 25, 2000 Bonita Chumey addressed questions regarding the rate structure for both garbage and recycling services that should be considered before raising rates, and asked if the proposed rates are comparable to other cities in the County. Frank Devine stated a rate hike for garbage service is not in order. He said he believes garbage service and recycling service should be handled separately. Greg Shipley, RALCCO Recycling, stated RALCCO saves the City money. He gave a chronology of recycling services provided to the City by RALCCO Recycling. Bill Worrell, San Luis Obispo County Waste Management Authority, stated the increase proposed for garbage rates is justifiable in the County. Ray McKelligott requested the City maintain recycling services with RALCCO Recycling. Roger Ewing requested the City maintain recycling services with RALCCO Recycling isand asked that some of the money go towards education. He said he does not agree with an increase in garbage service rates especially for those who use orange bags. Vice -Mayor Peirce closed the public comment hearing. Councilmember Crotzer stated it appears as if RALCCO Recycling provides satisfactory services based on citizen input. He said he would like the City to work on the educational component of recycling. Councilmember Crotzer stated Council should not direct staff to increase rates on the residents to generate more money to pay for this increased recycle contract which is a more reasonable contract. He said staff is hearing that rates need to be increased in order to repair streets which is a hidden tax. Councilmember Elliott stated the recycling program is a state mandate process. He said he supports maintaining the existing recycling program with RALCCO Recycling until the contract ends in December 2001, and then go out with a Request for Proposals. Councilmember Elliott stated Morro Bay Garbage Service needs and deserves a rate increase. Councilmember Peters stated she supports maintaining services with RALCCO Recycling with a short-term contract. She also supports the rate increase with Morro Bay Garbage Service. N ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 25, 2000 Councilmember Peirce also supports maintaining services with RALCCO Recycling with a short-term contract, and is supportive of the proposed rate increase with Morro Bay Garbage Service. MOTION: Councilmember Crotzer moved the City Council direct staff to continue its efforts with RALCCO Recycling to bring a fully executed agreement to the City Council for approval; until such time, RALCCO Recycling shall submit the requisite documentation regarding insurance certification, performance bond and transfer of ownership agreement, and will continue to collect curbside recycling weekly and collect green waste twice monthly for the current rate of S7,024.50 per month. The motion was seconded by Councilmember Elliott and carried unanimously. (4-0) Councilmember Crotzer stated although he has been asked by citizens not to increase the orange bag and garbage rates, he feels it is appropriate based on.Morro Bay Garbage Service's contract and proposed profit margin. ® MOTION: Councilmember Elliott moved the City Council approve the 10.53% increase effective November 1, 2000 for Morro Bay Garbage Service, and the orange bag increase to be effective immediately. The motion was seconded by Councilmember Peters and carried unanimously. (4-0) Vice -Mayor Peirce called for a break at 3:57 p.m.; the meeting resumed at 9:10 p.m. C. UNFINISHED BUSINESS - None. D. NEW BUSINESS D-1 FISH R GAME DIRECTOR ORDER RESTRICTING THE CENTRAL CALIFORNIA GILL NET FISHERY; (HARBOR) Harbor Director Rick Algert stated in the 1980's the Department of Fish and Game instituted regulations that restricted gill net fishing activity in less than 30 fathoms north of Pt. Sal. He said subsequently; a statewide initiative passed that restricted gill nets south of Pt. Arguello, leaving fishermen a small area between Pt. Arguello and Pt. Sal where nets could be used in less than 30 fathoms. Mr. Algert stated the National Marine Fishery Service requested the Department of Fish and Game close the area to nets in less than 30 fathoms in 1993. He noted the Fish and Game Director at that time declined stating that there was no evidence that sea otters were interacting with the limited fishing gear in the area. 6 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 25, 2000 Mr. Algert stated earlier this year Assemblyman Maldonado introduced a bill (AB 2570) to restrict gill nets between Pt. Sal and Pt. Arguello. He said the Morro Bay City Council took a position in opposition to AB 2570 at their May Sth meeting, stating there was no evidence of interaction between the otters and this fishery and that the state had not explored alternatives. Mr. Algert noted that Assemblyman Maldonado met with interested fishermen and amended AB 2570 to provide for an observer program that would have increased sea otter protection and scientific data and still allowed the limited fishery. He said the amendment provided that if the observer program found any "take" of the sea otter, the fishery would have closed. Mr. Algert stated the State Fish and Game Code provides that if the Director of Fish and Game determines that use of gill nets has an adverse impact on any population or species of seabird, marine mammal or fish, the Director shall issue an order to prohibit or restrict method or size of materials used in that fishery. On September 1 Ith, the Director of the Fish and Game Department issued an order closing the gill net fishery between Pt. ® Arguello and Pt. Sal out to 60 fathoms for 120 days. Mr. Algert recommended the City Council authorize the Mayor to correspond with the Department of Fish and Game requesting reconsideration of the September 11, 2000 Executive Order which closed the local gill net fishery out to 60 fathoms between Pt. Sal and Pt. Arguello. Consensus of the City Council was to open this item as a public hearing to receive public comment. Vice -Mayor Peirce opened the hearing for public comment. Steve Reebok, Technical Consultant to the Southern Seattle Recovery Team, stated he was requested to appear by the Morro Bay Commercial Fishermen. He said 24 commercial fishermen from Morro Bay and Port San Luis will be affected by this order, as well as the local economy which will be negatively affected. Mr. Reebok stated a short-term solution would be to keep fishermen fishing with the current gear, and a long- term solution would require an alternative of a near shore trawl fishery that is not pennitted by law currently and will require negotiations with the legislature. He requested Council authorize the Mayor to correspond with the Director of Fish and Game in support of the local fishermen. Ed Sylvester requested Council's support in corresponding with the Department of Fish and Game to reconsider the order closing the local gill net fishery out to 60 fathoms ® between Pt. Sal and Pt. Arguello which is not a reasonable choice for local fishermen. 10 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 25, 2000 Fred Amoldi stated in one trip between Pt. Sal and Pt. Arguello he did not see one sea otter. Vice -Mayor Peirce closed the public comment hearing. Consensus of the City Council was in support of staff s recommendation. MOTION: Councilmember Elliott moved the City Council direct the Mayor to correspond with the Department of Fish and Game requesting reconsideration of the September 11, 2000 Executive Order which closed the local gill net fishery out to 60 fathoms between Pt. Sal and Pt. Arguello. The motion was seconded by Councilmember Peters and carried unanimously. (4-0) D-2 REPORT ON POLITICAL CAMPAIGN SIGN ORDINANCE; (CITY ATTORNEY) City Attorney Robert Schultz stated the City is currently in the process of rewriting its ® entire Sign Ordinance. He said in regard to political signs, Morro Bay Municipal Code Section 17.68.070(L) presently states as follows: Political campaign signs not to exceed sixteen square feet in area per site shall be permitted only on private property, fora period not to exceed sixty days preceding an election. Such signs shall be removed within seven des after the election. Mr. Schultz stated it was found in 1997 that Morro Bay Municipal Code Section 17.68.070(L) is probabl partially unconstitutional. Mr. Schultz referred to several cases and stated since the City's ordinance has a greater restriction . than that involved in these cases; there is probably less than a 50% chance of successfully defending the current ordinance in a constitutional challenge. He said until the City's Ordinance is rewritten, the City's Code Enforcement Officer will enforce all portions of the sign ordinance except the square footage requirements. Mr. Schultz recommended the City Council increase the maximum square footage of political signs to 64 square feet ' per lot for residential areas, but keeping the maximum 4 square feet per sign limit. He said tying the number of signs to lot size to some extent will go a long way in justifying the City's restrictions. Council received this report for information; no action was taken. F. ADJOURNMENT - The meeting adjourned at 10:25 p.m. Recorded by: Bridge City Clerk ® NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Closed Session Meeting on Wednesday, September 13, 2000 at 8:00 a.m. to be held in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will discussing the following: GOVERNNIENT CODE SECTION 54956.9(c): CONFERENCE WITH LEGAL COUNSEL DUE TO SIGNIFICANT EXPOSURE TO LITIGATION Deciding whether to initiate litigation based upon existing facts and the advice of legal counsel as to one matter. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. DATED: September 12, 2000 Bridgett BaQpr, City Clerk r ® City of Morro Bay City Council Agenda Mission Statement The City of 1llorro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - SEPTEMBER 11, 2000 CLOSED SESSION - SEPTEMBER 11, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA is ADDED: CS-1 GOVERNMENT CODE SECTION 54956.9(A)• CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION ISOP v. RELIAA'CE, SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV990623 CS-2 GOVERNMENT CODE SECTION 54956.8• REAL PROPERTY TRANSACTIONS. Instructing City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to two (2) parcels. Pro e�rty: 552 Dunes Street Negotiating Parties: Lipe Family and the City of Morro Bay Negotiations: Voluntary Purchase and Sale. Pro e�rtX: 570 Dunes Street Negotiating Parties: Cortella Family and the City of Morro Bay Negotiations: Voluntary Purchase and Sale. ® IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION NIEETINGS ARE CONFIDENTIAL AND E\Ei11PT FROM DISCLOSURE. 11 PUBLIC SESSION - SEPTEMBER 11, 2000 VETERANS IMEMORIAL HALL - 6:00 P.N1. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS OF AUGUST 14. 2000 AND AUGUST 28, 2000; (ADMINISTRATION) RECONINIENDATION: Approve as submitted. 2 A-2 AWARD OF CONTRACT FOR STREET REHABILITATION PROJECT: (PUBLIC SERVICES) RECOMMENDATION: Award the project contract to Union Asphalt, Inc. in the amount of S199,927.70. A-3 AWARD OF CONTRACT FOR ELENA TANK RETAINING WALL REPAIR PROJECT; (PUBLIC SERVICES) RECONIMENDATION: Award the project contract to RSH Construction in the amount of S78,500.00. A-4 NOTICE OF COMPLETION FOR DIGESTER SANDBLASTING & COATING SERVICES PROJECT; (PUBLIC SERVICES) RECONENIENDATION: Accept the project as completed, and authorize the filing of the Notice of Completion. A-5 RESOLUTION NO. 57-00 APPROVING AGREEMENT WITH RALCCO RECYCLING FOR SERVICES: (ADMINISTRATION) is Recycling Adopt Resolution No. 57-00 approving the Curbside Recycling Franchise Agreement with RALCCO Recycling for the period of October 1, 2000 through December 31, 2001. A-6 PROCLAMATION DECLARING SEPTEMBER 2000 AS "U.S. CONSTITUTION MONTH'; (ADMINISTRATION) RECONIDIENDATION: Adopt Proclamation. A-7 PROCLAMATION DECLARING SEPTEMBER 10-16, 2000 AS "NATIONAL ASSISTED LIVING WEEK": (ADMINISTRATION) RECOi\IMENDATION: Adopt Proclamation. A-8 PROCLAMATION DECLARING SEPTEMBER 18-24. 2000 AS ` NTATIONAL POLLUTION PREVENTION WEEK"; (ADMINISTRATION) RECONIMENDATION: Adopt Proclamation. 0 3 B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 RESOLUTION NO. 55-00 RESTRICTINTG SKATEBOARDING IN THE DOWNTOWN AREA: (POLICE) RECOMMENDATION: Adopt Resolution No. 55-00 prohibiting skateboarding in a designated area of the downtown business district. B-2 PRESENTATION BY THE AIR POLLUTION CONTROL DISTRICT ON THE DUKE ENERGY APPLICATION FOR EMISSION REDUCTION CREDITS: (PUBLIC SERVICES) RECOMMENDATION: Receive presentation for information. B-3 RESOLUTION NO. 54-00 APPROVING AN INCREASE TO COMMERCIAL AND RESIDENTIAL SOLID WASTE COLLECTION RATES: (ADMINISTRATION) RECONIMENDATION: Adopt Resolution No. 54-00. B-4 EXTENSION OF URGENCY ORDINANCE NO. 482 RELATING TO THE REGULATION OF TELECOMMUNICATION SYSTEMS WHICH UTILIZE Is PUBLIC STREETS, RIGHTS -OF -WAY OR OTHER PUBLIC PROPERTY: (PUBLIC SERVICES) RECOMMENDATION: Approve extension of Urgency Ordinance No. 482 enacting regulations to govern development of telecommunication systems within the City of Morro Bay. C. UNFINISHED BUSINESS - NONE. D. NEW BUSINESS - NONE. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. 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 AT CITY HALL, LIBRARY. AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ® ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 4 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - SEPTEMBER 11, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m. PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) ® Mayor Anderson read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956 9(A). CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION • ISOP v. RELIAA'CE, SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV990623 CS-2 GOVERNMENT CODE SECTION 54956 8; REAL PROPERTY TRANSACTIONS. Instructing City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to two (2) parcels. • Property: 552 Dunes Street NegotiatingParties: arties: Lipe Family and the City of Morro Bay NNeegotiations: Voluntary Purchase and Sale. • Property: 570 Dunes Street Negotiating Parties: Cortella Family and the City of Morro Bay Negotiations: Voluntary Purchase and Sale. Ll rA L 11 The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:55 p.m. MOTION: Councilmember Peters moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 5:55 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:10 p.m. PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Janice Peters STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Janeen Burlingame Greg Fuz Jeff Jones Jim Koser Joe Loven Andrea Lueker Councilmember Councilmember City Manager City Attorney City Clerk Management Analyst Public Services Director Fire Chief Finance Director Police Chief Recreation & Parks Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action was taken. 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11, 2000 PUBLIC COMMENT Lynda Merrill announced Councilmember Crotzer's birthday. Bill Woodson stated he attended the League of California Cities Annual Conference as the City representative and gave an overview of the conference. Roger Ewing expressed his support for maintaining the City's recycle contract with RALCCO Recycling through December 31, 2002. Jude Long, Morro Bay Librarian, addressed the celebration of "U.S. Constitution Month", and shared books and videos available in the library regarding the Constitution of the United States of America. Tom Williams, Duke Energy, addressed the survey sponsored by Duke Energy and thanked those who participated. ® Jack McCurdy addressed concern with a letter sent to Senator Peace by a lobbyist in Sacramento for Duke Energy. He said this letter requests legislation that would severely weaken, if not eliminate, the primary powers that the City and State have to block approval of Duke Energy's plans to extend the life of the power plant for 50 or more years. Mr. McCurdy listed the negative impacts that would occur if legislation is approved. E Don Boatman, Coastal Alliance, also addressed the letter sent to legislation by a lobbyist for Duke Energy. He said this legislation would strip the Memorandum of Understanding (MOU) of any strength for the City. Mr. Boatman urged the Council take action to stop Duke Energy from double-dealing business in Morro Bay. Melody DeMerritt, addressed a loud noise made by the power plant at 5:00 a.m. this morning, which the police reported was caused by an incident at the power plant. She also addressed the survey which was performed by Duke Energy which was a promotion for Measure P-2000. Peter Wagner referred to the letter sent to Senator Peace regarding the Duke Energy Power Plant. He said this letter recommends legislation approve the renewal of the outfall lease by the State overriding any City authority. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11, 2000 David Nelson cited city issues within the Memorandum of Understanding which do not benefit the citizens in Morro Bay. He questioned the Air Pollution Control District (APCD) calculations on pollution credits given to Duke Energy. Nelson Sullivan addressed the lack of enforcement on the political campaign sign ordinance. Bob Cochran, Duke Energy, gave an update on the progress Duke Energy is making on the preparation of the application for certification on the power plant modernization plan. Jack Hansen thanked the Council for their support in opposition of AB 2570. Andrew Trump, Duke Energy, addressed Duke Energy's legislative efforts, and noted there was no intent to circumvent the MOU in any way, and that Duke Energy remains committed to the MOU. ® Steve Goschke, Plant Manager at Morro Bay Power Plant, addressed the incident which occurred at the power plant this morning. John Barta addressed Item A-8 (Proclamation Declaring September 18-24, 2000 as "National Pollution Prevention Week") in recognition of pollution prevention. Harry Rogers requested the City Council consider street repairs and resurfacing while negotiating for the purchase of property. Mayor Anderson closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peters requested updates on the following items: 1) status on water pressure, 2) cable franchise renewal, and 3) political sign ordinance. Staff responded the status on water pressure and the cable franchise renewal will be before Council after they are reviewed by the Public Works Advisory Board. Staff also stated the political sign ordinance will be on the next Council agenda. Councilmember Crotzer requested to agendize the acknowledgment of Lynda Merrill and Linda Donnelly for their tenure on the Recreation & Parks Commission. 4 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11, 2000 Mayor Anderson requested the City Council pull Item A-6 at this time in order to make a presentation; Council concurred. MOTION: Councilmember Crotzer moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) Mayor Anderson read the Proclamation declaring September 2000 AS "U.S. Constitution Month" for public information. Mayor Anderson announced a cake has been provided in celebration of U.S. Constitution Month. Mayor Anderson called for a break at 7:05 p.m.; the meeting resumed 7:20 p.m. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions ® are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS OF AUGUST 14, 2000 AND AUGUST 28, 2000; (ADMINISTRATION) RECONIMENDATION: Approve as submitted. A-2 AWARD OF CONTRACT FOR STREET REHABILITATION PROJECT, - (PUBLIC SERVICES) RECOMMENDATION: Award the project contract to Union Asphalt, Inc. in the amount of $199,927.70. A-3 AWARD OF CONTRACT FOR ELENA TANK RETAINING WALL REPAIR PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Award the project contract to RSH Construction in the amount of $78,500.00. A-4 NOTICE OF COMPLETION FOR DIGESTER SANDBLASTING & COATING SERVICES PROJECT; (PUBLIC SERVICES) ® RECONIMENDATION: Accept the project as completed, and authorize the filing of the Notice of Completion. 5 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11, 2000 A-5 RESOLUTION NO. 57-00 APPROVING AGREEMENT WITH RALCCO RECYCLING FOR SERVICES; (ADMINISTRATION) RECOMINIENDATION: This item was pulled from the agenda. A-6 PROCLAMATION DECLARING SEPTEMBER 2000 AS "U.S. CONSTITUTION MONTH'; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. A-7 PROCLAMATION DECLARING SEPTEMBER 10-16, 2000 AS "NATIONAL ASSISTED LIVING WEEK'; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. A-8 PROCLAMATION DECLARING SEPTEMBER 18-24, 2000 AS "NATIONAL ® POLLUTION PREVENTION WEEK'; (ADMINISTRATION) RECO' IMENDATION: Adopt Proclamation. Councilmember Crotzer pulled Item A-1 from the Consent Calendar. MOTION: Councilmember Crotzer moved the City Council approve the Consent Calendar with the exception of Item A-1. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS OF AUGUST 14, 2000 AND AUGUST 28, 2000 Councilmember Crotzer stated he will abstain from voting on the minutes of August 14, 2000 because he was not present at that meeting. MOTION: Councilmember Peirce moved the City Council approve the minutes of August 14, 2000. The motion was seconded by Councilmember Peters and carried with Councilmember Crotzer abstaining. (4-0-1) MOTION: Councilmember Peirce moved the City Council approve the minutes of August 28, 2000. The motion was seconded by Councilmember Peters and carved unanimously. (5-0) n, ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11, 2000 B. PUBLIC HEARINGS. REPORTS R APPEARANCES B-1 RESOLUTION NO. 55-00 RESTRICTING SKATEBOARDING IN THE DOWNTOWN AREA; (POLICE) Police Chief Joe Leven stated at the August 28, 2000 meeting, Council discussed the issue of skateboarders in the downtown business district. He recommended the City Council receive public comment and consider Resolution No. 55-00 prohibiting skateboarding in a designated area. Chief Loven stated this resolution also establishes the prohibition pursuant to Morro Bay Municipal Code Section 10.54.040, which is an infraction and carries a penalty of S50 for the first offense, S 100 for the second offense within one year, and S250 for a third offense within one year. Mayor Anderson opened the hearing for public comment. ® The following people expressed opposition to the prohibition of skateboarding in the downtown area: Cam Alton, Steven Eckman, Paul Donnelly, Chris Logan, Woody Roberts, Lorraine Cubiak, Shelby Fry, David Sumney, Josh Lapso, Alex Mendonca, Linda Donnelly, Chris Willis, Eric Donnelly, Shaun Brasene, Gunner Cubiak, Mike Cubiak, and Josh Cubiak. The following people expressed support for the prohibition of skateboarding in the downtown area: Barbara Trudeau, Joyce Lundy, Lois Seymour, Andrew Foster, Harry Rogers, Jack Curry and Hank Roth. The following people did not express pros or cons regarding the ban; however, it was requested Council find a solution to provide a location for the skateboarders to perform their sport: Lynda Merrill, Stevie Anderson, Gary Ryan, and Paul Twedt. The following comments and recommendations were made for the City Council's consideration: 1) skateboarding is used for transportation; 2) current skatepark is not open enough, and the sand damages skateboard equipment; 3) instead of charging a fine on a first offense, impound the skateboards and charge with community service; 4) consider the placement of a permanent skatepark in the City; and 5) combine the skatepark with the proposed teen center. Mayor Anderson closed the public comment hearing. Cl 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11, 2000 Councilmember Peirce stated skateboarding as a sport should be done in a defined area. He said he would like to see a larger facility, away from sand, with no charge. Councilmember Peirce stated based on the complaints made by downtown business people, he supports the ban on skateboarding in the downtown area. Councilmember Crotzer stated when a complaint is made, police presence should react to the situation. He said banning skateboarding in a specific area penalizes everyone, and noted positive behavior should be recognized and encouraged in order to turn things around. Councilmember Crotzer stated he does not support banning skateboarding on public thoroughfares, and added that posted signs will become an eyesore in the downtown area. Councilmember Peters stated there should be a basic respect for the law. She said part of civilization is there are laws to live by; and, part of responsibility is to be respectful for the safety of others. Councilmember Peters stated she supports extending hours at the existing skate park, and to seek funding for a permanent skate park in order to ® encourage this sport. She said she supports the ban downtown which should include Pacific, Market, Beach and Shasta Streets. Councilmember Peters asked if instead of posting signs, if the restriction can be painted on the sidewalks. Councilmember Elliott stated he supports a permanent skateboard facility; however, he noted there are other existing problems such as road repairs and parking that need to be addressed in this City. He said destruction of public property is unacceptable and should not be allowed. Councilmember Elliott stated transportation is not the issue, it is destruction of property and the safety of others. He said he supports the ban of skateboarding in the downtown area, and agreed with the expanded area suggested by Councilmember Peters. Mayor Anderson stated when this was reviewed by Council last year, he did not support a ban. He said it was requested of the skateboarders at that time to try and resolve the problem or else there would be consequences Mayor Anderson stated based on the complaints made by the downtown business people, he supports the ban of skateboarding in the downtown area; however, he does not support extending the boundaries. He said those who use their skateboards for transportation can use the side streets to get to where they are going. Mayor Anderson stated he is committed to locate a better skate park, and finding solutions to improve the existing skate park. E ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11, 2000 MOTION: Councilmember Peters moved the City Council approve Resolution No. 55-00 prohibiting skateboarding in the designated area of downtown Morro Bay, and extending the temporary banned area to include Morro Bay Boulevard between Market Avenue and Shasta Avenue, and Main Street between Dunes Street and Pacific Street. The motion was seconded by Councilmember Peirce and carried with Councilmember Crotzer voting no. (4-1) Mayor Anderson called for a break at 9:10 p.m.; the meeting resumed at 9:24 p.m. B-2 PRESENTATION BY THE AIR POLLUTION CONTROL DISTRICT ON THE DUKE ENERGY APPLICATION FOR EMISSION REDUCTION CREDITS: (PUBLIC SERVICES) The City Council received a presentation by Bob Carr and Gary Wiley of the Air Pollution Control District (APCD) on the Duke Energy Application for Emission Reduction Credits, and how the APCD calculates these emission reduction credits. Mr. isWiley stated emission reduction credits are used to determine annual levels of emissions allowed in a permit. Steve Goschke, Duke Energy, reviewed the estimated air emissions used by the Morro Bay Power Plant. Mayor Anderson opened the hearing for public comment. Don Boatman stated the proposed new plant will be approximately 20% larger than the original plant. He asked if the public will be notified if the pollution limits are exceeded. Bonita Chumey addressed the calculations for emission reduction credits, and the basis of those calculations. Betty Winholtz stated the calculations of the emission reduction credits given to Duke Energy is not representative of the time period, and appear to be misleading. David Nelson expressed concern that oil credits have been given to Duke Energy. He asked if the air quality would be improved if there were no plant at all. Henrietta Groot stated the APCD staff is not expert in power plant emissions. �J E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11, 2000 Nelson Sullivan expressed opposition to the base year calculations. John Barta stated as a consumer of electricity, he likes the fact of running a more efficient energy. He said it is unrealistic to consider not having a power plant in Morro Bay. Mayor Anderson closed the public comment hearing. Councilmember Elliott stated the Memorandum of Understanding states clearly the plant will not be supported if it creates more pollutants. He said the State is in the process of mandating a certain percentage of electrical vehicles on the road by the year 2003/2004. Councilmember Crotzer stated banking of emission reduction credits is a perpetuation of pollution. He said the pollutants will create impacts on the nursery of the estuary, on the bay, and the productivity of the ocean. Councilmember Crotzer stated there should be three choices for the City, the existing plant, a modernized plant, or no plant at all. ® Councilmember Peters stated PG&E could have applied for emission credits at the time they ceased burning oil, and they could have applied those credits towards the current plant against the regulation that would lower the emission standards. Councilmember Peirce stated his primary concern is the air quality in Morro Bay. He said to reduce pollution, the use of electricity in the City should be reduced by 50%. Councilmember Peirce stated it is said the City receives as much pollution from the highway as it does from the power plant. Mayor Anderson stated there are two choices for the City, a new modernized plant, or the existing plant. He noted that power is necessary and will be produced one way or another. This item was informational, and no further action was taken on this item. m MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11, 2000 B-3 RESOLUTION NO. 54-00 APPROVING AN INCREASE TO COMMERCIAL AND RESIDENTIAL SOLID WASTE COLLECTION RATES: (ADMINISTRATION) Management Analyst Janeen Burlingame stated Article 7 of the Solid Waste Franchise Agreement provides Morro Bay Garbage Service with the ability to submit an application for a rate increase beginning with the third year of the contract, and subsequent rate increase application in the fourth year. On September 7, 1999, Morro Bay Garbage Service Controller Tom Martin submitted an application for a rate adjustment. Ms. Burlingame stated the Public Works Advisory Board reviewed this request and recommended approval of the proposed increased solid waste collection rates. She stated along with the Public Works Advisory Board recommendation, staff also recommends the City Council receive the June 29, 2000 letter from Morro Bay Garbage Service regarding an alternative proposal to the solid waste rates and recycling agreement. ® MOTION: Councilmember Peters moved the City Council continue discussion on this item to the September 25, 2000 City Council agenda. The motion was seconded by Councilmember Crotzer and failed with Mayor Anderson, Councilmember Elliott and Councilmember Peirce voting no. (2-3) MOTION: Councilmember Crotzer moved the City Council continue this item to the September 25, 2000 City Council meeting after receiving public comment. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) Mayor Anderson opened the hearing for public comment. Roger Ewing requested the City Council reschedule this public hearing in order to allow for public comment. Mayor Anderson closed the public comment hearing. This public hearing was continued to the September 25, 2000 City Council meeting. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11, 2000 B-4 EXTENSION OF URGENCY ORDINANCE NO. 482 RELATING TO THE REGULATION OF TELECOMMUNICATION SYSTEMS WHICH UTILIZE PUBLIC STREETS, RIGHTS -OF -WAY OR OTHER PUBLIC PROPERTY; (PUBLIC SERVICES) Public Services Director Greg Fuz stated pursuant to Government Code Section 36937(b), a 4/5 majority vote of the City Council is required for adoption of this ordinance as an extended urgency measure. He said this ordinance will remain in effect for 22 months and 15 days, and cannot be extended beyond that time as an urgency ordinance. Mr. Fuz stated for the provisions to remain in effect beyond the time limit an ordinance must be adopted by action of the Council pursuant to a public hearing in accordance with applicable Government Code provisions. Mayor Anderson opened the hearing for public comment. Dallas Lane, Level Three Communications, addressed concerns with Ordinance No. 482 ® citing several sections of legislature. She stated Ordinance No. 482 appears to establish a scheme where telecommunication services would be divided into voice and non -voice components, with non -voice components subject to a revenue generating fee. Ms. Lane urged Council not to extend this ordinance. Betty Winholtz expressed concern with the amount of wires that will be placed on a pole. MOTION: Councilmember Peters moved the City Council go beyond 11:00 p.m. in order to complete this item. The motion failed for lack of a second. MOTION: Councilmember Crotzer moved the City Council go beyond 11:00 p.m. The motion was seconded by Councilmember Elliott and carried with Councilmember Peters voting no. (4-1) Vic Montalban, Pacific Bell, requested Council look into the legalities of this ordinance regarding the recuperation of costs. Jesse Mendonca, CWA, addressed the concern of job security for employees who work in telecommunications if this ordinance is approved. ® Mayor Anderson closed the public comment hearing. 12 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 11, 2000 MOTION: Councilmember Elliott moved the City Council adopt Urgency Ordinance No. 482 immediately enacting regulations to govern development of telecommunication systems within the City of Morro Bay. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) C. UNFINISHED BUSINESS - None. D. NEW BUSINESS - None. F. ADJOURNMENT The meeting adjourned at 11:55 p.m. Recorded by: ® 4N�k t3XL� Bridgett Bauer City Clerk 11 13 ® City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhanceneent of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - AUGUST 28, 2000 CLOSED SESSION - AUGUST 28, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA ® CS-1 GOVERNMENT CODE SECTION 54956.9(c): CONFERENCE WITH LEGAL COUNSEL DUE TO SIGNIFICANT EXPOSURE TO LITIGATION Deciding whether to initiate litigation based upon existing facts and the advice of legal counsel as to one matter. CS-2 GOVERNMENT CODE SECTION 54956.8: REAL PROPERTI' TRANSACTIONS Instructing Cih''s real property negotiator regarding the price and terms of payment for a lease and/or easement agreement. Property: Water outfall line Negotiating Parties: Duke Energy and City of Morro Bay Negotiations: Renegotiation and/or extension of terms and conditions of agreement. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEDIPT FROM DISCLOSURE. ® PUBLIC SESSION - AUGUST 28, 2000 VETERANS MENIORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS R PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: ® • When recognized by the Mayor; please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A -I APPROVAL OF MINUTES FOR THE REGULAR MEETING OF AUGUST 14, 2000; (ADMINISTRATION) RECOMNIENDATION: This item has been pulled from the agenda. ® A-2 CASH R INVESTMENT REPORT - JULY 2000, (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - JULY 2000; (FINANCE) RECO' IMENDATION: Approve as submitted. A-4 RESOLUTION NO. 53-00 ACCEPTING PROJECT NO. PW99-09; NOTICE OF COMPLETION OF THE MAIN STREET BIKE PATH/BLENDING PIPELINE: (CAPITAL PROJECTS MANAGER) RECOMMENDATION: Adopt Resolution No. 53-00 A-5 RESOLUTION NO. 52-00 ANNOUNCING FINDINGS AND WAIVING ALL PERMIT FEES TO THE MORRO BAY NATIONAL ESTUARY PROGRAM: (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 52-00. A-6 PROCLAMATION IN RECOGNITION OF THE CONTRIBUTIONS TO THE CITY BY THE UNITED STATES COAST GUARD AUXILIARY ® VOLUNTEERS; (POLICE) RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS, REPORTS R APPEARANCES - NONE. C. UNFINISHED BUSINESS - NONE. D. NEW BUSINESS D-I CONSIDERATION OF REQUEST FOR WATER EQUIVALENCY UNITS FROM THE RETROFIT BANK FOR EXPANSION OF THE ASSISTED ELDERLY LIVING FACILITY LOCATED AT 480 MAIN STREET; (PUBLIC SERVICES) RECOMMENDATION: This item has been pulled from the agenda. D-2 REPORT ON THE CITY'S POLICY ON BID PROCESS AND LOCAL PURCHASES; (FINANCE) RECOMMENDATION: Receive for information. 40 ® D-3 DISCUSSION ON DOWNTOWN SKATEBOARDING ISSUES; (POLICE) RECOMMENDATION: Receive report and direct staff accordingly. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONiS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. 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 AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU ® NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. r1 L- ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - AUGUST 28, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) ® Mayor Anderson read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.9(c): CONFERENCE WITH LEGAL COUNSEL DUE TO SIGNIFICANT EXPOSURE TO LITIGATION • Deciding whether to initiate litigation based upon existing facts and the advice of legal counsel as to one matter. CS-2 GOVERNMENT CODE SECTION 54956.8: REAL PROPERTY TRANSACTIONS • Instructing City's real property negotiator regarding the price and terms of payment for a lease and/or easement agreement. Property: Water outfall line Negotiating Parties: Duke Energy and City of Dlorro Bay Negotiations: Renegotiation and/or extension of terms and conditions of agreement. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:55 p.m. ® MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 28, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. Ll Mayor Anderson called the meeting to order at 6:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney Bridgett Bauer City Clerk Rick Algert Harbor Director Greg Fuz Public Services Director Jeff Jones Fire Chief Jim Koser Finance Director Joe Loven Police Chief Andrea Lueker Recreation & Parks Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported on the following Closed Session items reviewed by City Council: CS-1) Council directed staff to hire outside legal counsel experts to help negotiate and provide legal advice relating to the MtBE located at the Shell Station; CS-2) Council received an update on possible legislation which would provide for automatic extensions of lease agreements such as the lease agreement with Duke Energy regarding the water outfall line. PUBLIC COMMENT Steve Mathieu, AGP Video, reported on the interruption of service on Channel 54 in parts of the City caused by the Charter Communications fiber optic project. He said it is being corrected by Charter Communications. 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 28, 2000 Jack McCurdy addressed the concern of reported energy shortage in California. He said Duke Energy has stated this shortage is a case of demand exceeding supply. Mr. McCurdy stated the additional power that is needed is already in the pipeline, and speeding up approval of the Morro Bay Power Plant project will not bring more power this year and next when it may be needed. John Barta addressed Item D-1 (Consideration of Request for Water Equivalency Units from the Retrofit Bank for Expansion of the Assisted Elderly Living Facility Located at 480 Main Street), and noted that after January 1, 2001 the retrofit program will be a moot issue. He commended the City Council for moving forward with the Memorandum of Understanding with Duke Energy which is a positive project for the City. Lois Seymour, Bank Manager of West America Bank, addressed Item D-3 (Discussion on Downtown Skateboarding Issues) stating there are signs posted around the bank prohibiting skateboarding which are being ignored. She expressed concern with the safety of pedestrians, skateboarders, and the surrounding property of the bank which is ® being abused by some skateboarders. Bonita Chumey addressed Council on the requested grant application for emission reduction credits made by Duke Energy, and said she hopes the City has contacted the Air Pollution Control District (APCD) regarding its position on this matter. She addressed the California Supreme Court's ruling regarding the Mojave River Basin and the conflict of water being used by farmers and municipalities. Ms. Chumey stated the ruling was in favor of agricultural use, and noted the importance of water conservation. She also referred to the article in the Sun Bulletin regarding the global photon and their intent to land cable in Morro Bay, and urged the Council to use this opportunity to request the cable be placed underground.' Peter Wagner asked why Council is discussing the lease on the water outfall four years ahead of its expiration in closed session. He said this lease is the most important leverage the City has in its negotiations with Duke Energy, and discussion should be taking place in an open session meeting. Joyce Lundy, Bank Manager of Bank of America, addressed Item D-3, and noted the potential danger to pedestrians by skateboarders on the sidewalks in the downtown area. She also expressed concern with potential liability to the bank. Jim Nance requested the City Council consider the concept of placing a safety sound ® barrier wall along Highway One. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 28, 2000 Doris Murray expressed concem with her health which she feels is caused by the Duke Energy Power Plant. She said her house vibrates when the plant is being operated. Ms. Murray also promoted the Morro Bay Neighbors organization. David Nelson expressed concem with negotiations taking place in closed session meetings between the City and Duke Energy on the outfall lease. He said the MOU states negotations are to take place on this lease after the City obtains the development agreement for the power plant, and that has not taken place. Mr. Nelson urged the City Council to not give away the outfall lease. He noted the APCD is anxious for the City's response on the air credits for oil pollution, and asked the City to respond in a timely manner. Ellen Sturtz recommended the following to Council regarding the Duke Energy Power Plant: 1) a closed session report as complete as possible be made to the public during open session; 2) publish closed session items on the City's web page, and in the Sun Bulletin following the meeting; and 3) consider selecting an independent legal party to ® review the determination about bringing matters to closed session. Lynda Merrill stated the skateboard issue should have been agendized as a public hearing. She addressed Item A-4 (Resolution No. 53-00 Accepting Project No. PW99-09; Notice of Completion of the Main Street Bike Path/Blending Pipeline), and asked if flooding of the bike path has been considered. Ms. Merrill also announced that the bmx bike park has been a great success. is Gary Trudell, Owner of Bay Town Antique Store, said some of the skateboarders in the downtown area have no concem for pedestrians or public property, and something needs to be done. Harry Rogers addressed Item D-3 stating degradation of public property and the risk to pedestrians should not be allowed. Melody DeMerritt stated APCD granted Duke Energy 220 tons worth of emission reduction credits which is incredulous. She urged citizens to call the APCD regarding concerns with the preliminary approval for the pollution credits granted to Duke Energy. Andy Foster, Manager of One -Door -Down, expressed concem with the skateboarders in the downtown area. He said they are being reckless in high -pedestrian areas, and requested Council consider banning skateboarding in the downtown area. 4 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 28, 2000 Nelson Sullivan referred to MBMC Section 17.68.070(L) regarding the posting of election yard signs, and requested this ordinance become enforceable. Laurie Clime, General Manager of Clothes & Company, expressed concern with the safety issue of skateboarding in the downtown area. Betty Winholtz requested an the update on air monitors which she addressed at the last Council meeting. She also stated that Charter Communications should be responsible for notifying cable subscribers relating to interruption of cable service. Ms. Winholtz addressed the issue on skateboarding, and said the municipal code already provides for enforcement of skateboarding. Patti Dunton stated sacred land forms have been filed for the cemetery at the tank farm area which are on file with the Native American Heritage Commission, and the California Energy Commission will be notified. She noted her disappointment in the archaeological report prepared for the Lila Keiser Park site, and said the desecration of sacred lands is a crime against humanity. ® Mayor Anderson closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Crotzer requested the City Council agendize discussion on undergrounding utilities pertinent to the global photon project. He also requested a 4/5 vote to add to tonight's agenda the discussion on pollution credits received by Duke Energy. MOTION: Councilmember Crotzer moved the City Council add to tonight's agenda as Item D-4 the consideration of the Air Pollution Control District's preliminary discussion of Duke Energy's purchase of discounted pollution credits. The motion was seconded by Councilmember Peters, and failed with Mayor Anderson, Councilmember Elliott and Councilmember Peirce voting no. (2-3) Mayor Anderson called for a break at 7:45 p.m.; the meeting resumed at 8:00 p.m. 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 28, 2000 A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF AUGUST 14, 2000; (ADMINISTRATION) RECONIMENDATION: This item has been pulled from the agenda. A-2 CASH & INVESTMENT REPORT - JULY 2000; (FINANCE) RECOMNIENDATION: Receive for information. A-3 EXPENDITURE REPORT - JULY 2000; (FINANCE) ® RECOi•Ii\IENDATION: Approve as submitted. A-4 RESOLUTION NO. 53-00 ACCEPTING PROJECT NO. PW99-09; NOTICE OF COMPLETION OF THE MAIN STREET BIKE PATH/BLENDING PIPELINE; (CAPITAL PROJECTS MANAGER) u RECONE IENDATION: Adopt Resolution No. 53-00 A-5 RESOLUTION NO. 52-00 ANNOUNCING FINDINGS AND WAIVING ALL PERMIT FEES TO THE MORRO BAY NATIONAL ESTUARY PROGRAM: (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 52-00. A-6 PROCLAMATION IN RECOGNITION OF THE CONTRIBUTIONS TO THE CITY BY THE UNITED STATES COAST GUARD AUXILIARY VOLUNTEERS; (POLICE) RECOMMENDATION: Adopt Proclamation. Councilmember Peters pulled Item A-4 from the Consent Calendar, and Mayor Anderson pulled Item A-5. N ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 28, 2000 MOTION: Councilmember Peters moved the City Council approve the Consent Calendar with the exception of Items A-4 and A-5. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-4 RESOLUTION NO. 53-00 ACCEPTING PROJECT NO. PW99-09: NOTICE OF COMPLETION OF THE MAIN STREET BIKE PATH/BLENDING PIPELINE: (CAPITAL PROJECTS MANAGER) Councilmember Peters asked staff if there is a potential for flooding at the Main Street Bike Path. Public Services Director Greg Fuz responded the matter of flooding at this location is solvable through PG&E's proposal to re-establish their drainage course along the perimeter of the Duke Energy power plant. He said they have an application on file, and plans are being reviewed at this time. ® MOTION: Councilmember Peters moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) A-5 RESOLUTION NO. 52-00 ANTNOUNCING FINDINGS AND WAIVING ALL PERMIT FEES TO THE MORRO BAY NATIONAL ESTUARY PROGRAM: (PUBLIC SERVICES) Mayor Anderson expressed his support of this request by the Morro Bay National Estuary Program for a fee waiver of permits in order to locate their office in Morro Bay. MOTION: Mayor Anderson moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) B. PUBLIC HEARINGS REPORTS & APPEARANCES - NONE. C. UNFINISHED BUSINESS - NONE. u 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 28, 2000 D. NEW BUSINESS D-1 CONSIDERATION OF REQUEST FOR WATER EQUIVALENCY UNITS FROM THE RETROFIT BANK FOR EXPANSION OF THE ASSISTED ELDERLY LIVING FACILITY LOCATED AT 480 MAIN STREET; (PUBLIC SERVICES) This item was pulled from the agenda; no action was taken. D-2 REPORT ON THE CITY'S POLICY ON BID PROCESS AND LOCAL PURCHASES; (FINANCE) Finance Director Jim Koser reviewed the City's current policy on bid process and local purchases which included an assessment of the current purchasing ordinance as it relates to bidding, local vendor preferences for recycled products, and a centralized purchasing operation. He recommended the City Council discuss this issue, and direct staff ® accordingly. The City Council directed staff to continue with annual bids, and also to place bid notices on the City's web -site. No further action was taken on this item. D-3 DISCUSSION ON DOWNTOWN SKATEBOARDING ISSUES; (POLICE) Police Chief Joe Loven stated in the past, the Police Department has made an effort to address the complaints through increased visibility and enforcement of Municipal Code Section 10.54 which sets some regulations for skateboarders, including reckless skateboarding. He noted these complaints always rise in the summer months due to increased pedestrians and skateboard traffic. Chief Leven recommended the City Council discuss this issue, and provide staff with direction on measures it feels appropriate to address complaints regarding skateboarding in the downtown business district. Mayor Anderson stated efforts should be made to improve the existing skateboard park, and also provide a permanent skateboard park. He said skateboarding should be prohibited in areas where posted. Councilmember Peirce agreed that the existing skateboard park should be improved. He supports banning skateboarding on the sidewalks in the downtown area. Councilmember Peirce said it should be considered that skateboarders be required to wear helmets and ® pads. M ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 28, 2000 Councilmember Crotzer stated efforts should be made for a permanent skateboard park. He said there should be an infraction for those who are not law-abiding; and perhaps having the presence of a police officer on the streets may be helpful. Councilmember Peters stated she has experienced the lack of respect for others made by some skateboarders. She suggested a speed limit be enforced for skateboarding. Councilmember Elliott stated the City has the responsibility to protect the health and safety of all; and to ensure the Police Department has the laws to correct the conduct of those who show incorrect actions. He agrees the present skateboard park should be improved, or provide a better facility. Councilmember Elliott stated the problem of skateboarding in the downtown area should be dealt with in order to resolve the problem. MOTION: Councilmember Crotzer moved the City Council refer this matter to the Recreation & Parks Commission to hold hearings relating to skateboarding in the City. ® Councilmember Elliott requested an amendment to the motion to include discussion of funding for a permanent skateboard park. Councilmember Crotzer accepted the amendment to his motion. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) Mayor Anderson stated a solution needs to be found for the existing problem in the downtown area. MOTION: Councilmember Elliott moved the City Council direct staff to return with a resolution restricting skateboarding in the downtown area. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) F. ADJOURNMENT The meeting adjourned at 9:42 p.m. �Recorded by: Bridgett BailZr City Clerk lel. Gi ® 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - AUGUST 14, 2000 CLOSED SESSION - AUGUST 14, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., N1ORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956.8. REAL PROPERTY TRANSACTIONS. Instructing City's real property negotiator regarding the ® price and terms of payment for the purchase; sale, exchange, or lease of real property as to two (2) parcels. • Pr e : 552 Dunes Street Negotiating Parties: Lipe Family and the City of Morro Bay Negotiations: Voluntary Purchase and Sale. • Pr e : 570 Dunes Street Negotiating Parties: Cortella Family and the City of Morro Bay Negotiations: Voluntary Purchase and Sale. CS-2 GOVERNMENT CODE SECTION 54956.9(A): CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. STATUS REPORT ON ALL PENDING LITIGATION. This is a reporton status, and no action may be taken on any matter not specifically listed. Council may request a specific matter be agendized in the future for action. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND E.l'ENIPT FROM DISCLOSURE. El PUBLIC SESSION - AUGUST 14, 2000 VETERANS MENIORIAL HALL - 6:00 P.M. ® 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANf'OUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF JULY 24, 2000; (ADMINISTRATION) RECONI MENDATION: Approve as submitted. A-2 SETTLEMENT OF WORKERS COMPENSATION APPEALS BOARD NO. GRO 0022847/HARPSTER; (ADMINISTRATION) RECONINIENDATION: Approve the settlement of Workers Compensation Appeals Board No. GRO 0022847 claim with Fred Harpster in the amount of S52,062.50 plus future medical costs. A-3 APPROVAL OF JOB SPECIFICATION FOR ENGINEERING TECHNICIAN III, (ADMINISTRATION) ® RECOMMENDATION: Approve the job description for Engineering Technician III. A-4 RESOLUTION NO. 51-00 AUTHORIZING ESTABLISHMENT OF SEPARATE DEPARTMENTAL PROCUREMENT/CREDIT CARD ACCOUNTS; (FINANCE) RECOMNIENDATION: Adopt Resolution No. 51-00. B. PUBLIC HEARINGS, REPORTS R APPEARANCES - NONE. C. UNFINISHED BUSINESS - NONE. D. NEW BUSINESS D-I CONSIDERATION OF URGENCY ORDINANCE RELATING TO THE. REGULATION OF TELECOMMUNICAITON SYSTEMS WHICH UTILIZE PUBLIC STREETS, RIGHTS -OF -WAY OR OTHER PUBLIC PROPERTY: (PUBLIC SERVICES) RECONIMENDATION: Adopt the Urgency Ordinance immediately enacting ® regulations to govern development of telecommunication systems within the City of Nlorro Bay. D-2 DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE HELD ON SEPTEMBER 7-9, 2000 IN ANAHEIM, CALIFORNIA; (ADMINISTRATION) RECOMMENDATION: Select a voting delegate to represent the City of Nlorro Bay at the Annual League of California Cities Conference. D-3 STATUS REPORT ON PENDING LITIGATION; (CITY ATTORNEY) RECOMMENDATION: Receive status report for information. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. 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 AT CITYHALL. LIBRARY, AND MILLS STATIONERY. ® IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE [NA CITYMEETING. PLEASE CONTACT THE CITYCLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - AUGUST 14, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m. PRESENT: Rodger Anderson Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember ABSENT: Colby Crotzer Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney MOTION: Councilmember Elliott moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peirce and ® unanimously carried. (4-0) Mayor Anderson read the Closed Session statement. CS-1 GOVE%MMENT CODE SECTION 54256.8• REAL PROPERTY TRANSACTION'S. Instructing City's real property negotiator regarding the price and tetras of payment for the purchase, sale, exchange, or lease of real property as to two (2) parcels. • Property: 552 Dunes Street Negotiating Parties: Lipe Family and the City of Morro Bay Negotiations: Voluntary Purchase and Sale. • Property: 570 Dunes Street Negotiating Parties: Cortella Family and the City of Morro Bay Negotiations: Voluntary Purchase and Sale. CS-2 GOVERNMENT CODE SECTION 54956.9(A): CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. STATUS REPORT OtV ALL PEA'DIA'G LITIGATION. This is a reporton status, and no action may be taken on any matter not specifically listed. Council may request a specific matter be agendized in the future for action. LJ 11 The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:53 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carried. (4-0) The meeting adjourned at 5:53 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 14, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m PRESENT: Rodger Anderson Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember ABSENT: Colby Crotzer STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Greg Fuz Jim Koser Joe Loven Andrea Lueker Councilmember City Manager City Attorney City Clerk Public Services Director Finance Director Police Chief Recreation & Parks Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action was taken. PUBLIC COMMENT Dana Mennini, along with four young members of the community, thanked the City Council for the efforts made in providing the bmx bike track in the City. 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING -AUGUST 14, 2000 Nelson Sullivan addressed Council on PEG Access noting the City only supports government access. He said Morro Bay should cablecast public access programming on Channel 54. Mr. Sullivan also noted three minutes is not enough time for the public to address Council. David Nelson expressed concern regarding the 220 pollution credits given to Duke Energy. He supplied Council with two articles for review on the economy of the energy field. Mr. Nelson also stated the City over -reacted on the rave party held at Flippo's. Peter Wagner stated there is no confusion in the language of Measures Q. and clarified its intent. He said the newly -elected Council may or may not support the Duke expansion; however, the voters will make the final vote. Jack McCurdy questioned the ballot argument opposing Measure Q which was signed by the Mayor and two Councilmembers, and the possibility of a violation of the Brown Act. He said the three members of Council who signed this argument should provide an ® explanation of how these arguments could have been created without any City involvement. P Don Boatman referred to a study performed by the California Energy Utilities Commission requested by Governor Davis. He said based on the results of this study, Governor Davis requested the State Attorney General investigate the private generation companies for collusion. Nancy Castle spoke in honor of Cheryl Halterman who offered many hours of volunteer service to the City, and also served on the Recreation R Parks Commission. Betty Winholtz requested the status of obtaining air monitors in the City. Mayor Anderson closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peirce requested discussion on: 1) consideration of maintaining year- round holiday lights on the trees in the downtown area; and, 2) discussion on the skateboarding problem in the downtown area. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING -AUGUST 14, 2000 A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A -I APPROVAL OF MINUTES FOR THE REGULAR MEETING OF JULY 24, 2000; (ADMINISTRATION) RECONIMENDATION: Approve as submitted. A-2 SETTLEMENT OF WORKERS COMPENSATION APPEALS BOARD NO. GRO 0022847/HARPSTER; (ADMINISTRATION) RECOMMENDATION: Approve the settlement of Workers Compensation Appeals Board No. GRO 0022847 claim with Fred Harpster in the amount of S52,062.50 plus future medical costs. ® A-3 APPROVAL OF JOB SPECIFICATION FOR ENGINEERING TECHNICIAN III; (ADMINISTRATION) RECONIMENDATION: Approve the job description for Engineering Technician 1II. E A-4 RESOLUTION NO. 51-00 AUTHORIZING ESTABLISHMENT OF SEPARATE DEPARTMENTAL PROCUREMENT/CREDIT CARD ACCOUNTS; (FINANCE) RECONINMENDATION: Adopt Resolution No. 51-00. Councilmember Peters pulled Item A-4 from the Consent Calendar. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Item A-4. The motion was seconded by Councilmember Elliott and carried unanimously. (4-0) 91 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 14, 2000 A-4 RESOLUTION NO. 51-00 AUTHORIZING ESTABLISHMENT OF SEPARATE DEPARTMENTAL PROCUREMENT/CREDIT CARD ACCOUNTS Councilmember Peters requested staff clarification for public information. Finance Director Jim Koser responded this authorization will assist in accountability when the City credit cards are used. MOTION: Councilmember Peters moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) B. PUBLIC HEARINGS REPORTS & APPEARANCES - NONE. C. UNFINISHED BUSINESS - NONE. ® D. NEW BUSINESS D-1 CONSIDERATION OF URGENCY ORDNANCE RELATING TO THE REGULATION OF TELECOMMUNICATION SYSTEMS WHICH UTILIZE PUBLIC STREETS, RIGHTS -OF -WAY OR OTHER PUBLIC PROPERTY: (PUBLIC SERVICES) Public Services Director Greg Fuz stated adoption of this ordinance will ensure the City will be able to recover costs associated with the review, permitting, installation, use and maintenance of telecommunication systems within the City of Morro Bay. He said this ordinance will require license and/or franchise agreements for telecommunication systems located within the City limits and require compensation to the City for use of public property in connection with these systems. Mr. Fuz recommended the City Council adopt Ordinance No. 482 immediately enacting regulations to govern development of telecommunication systems within the City of Morro Bay. MOTION: Councilmember Peters moved the City Council adopt Ordinance No. 482 immediately enacting regulations to govern development of telecommunication systems within the City of Morro Bay. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 14, 2000 D-2 DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE HELD ON SEPTEMBER 7-9, 2000 IN ANAHEIM, CALIFORNIA; (ADMINISTRATION) City Manager Robert Hendrix recommended the City Council select a voting delegate to represent the City of Morro Bay at the League of California Cities Annual Conference. The City Council concurred to appoint either a Planning Commissioner or Public Works Advisory Board Member to represent the City of Morro Bay as a voting delegate at the annual conference. No further action was taken on this item. D-3 STATUS REPORT ON PENDING LITIGATION; (CITY ATTORNEY) City Attorney Robert Schultz reviewed the status report on pending litigation involved ® with the City of Morro Bay. The City Council received the status report for information; no action was taken on this item. C; 016101:7►�ILlq��l The meeting adjourned at 7:30 p.m. Recorded by: Bridgett Bauer City Clerk u 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - JULY 24, 2000 CLOSED SESSION - JULY 24, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956.9(A)• CONFERENCE KITH LEGAL COUNSEL REGARDING PENDING LITIGATION • San Luis Coastal Unifred School District v. City of Morro Bay; San Luis Obispo Superior Court Case No. CV981044. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION NIEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION - JULY 24, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be Is followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. CONSENT CALENDAR A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF JULY 10, 2000; (ADMINISTRATION) ® RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT - JUNE 2000; (FINANCE) k, RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - JUNE 2000; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 50-00 APPROVING LEASE ASSIGNMENT FOR LEASE SITE 89/89W; (HARBOR) RECOMMENDATION: Adopt Resolution No. 50-00. A-5 NOTICE OF COMPLETION FOR STREET REHABILITATION PROJECT; (PUBLIC SERVICES) RECOi\IMENDATION: Accept the project as completed by R. Burke Corporation, and authorize the filing of the Notice of Completion. 2 A-6 RESOLUTION NO. 49-00 AUTHORIZING DESIGNATION OF A TWO- HOUR PARKING RESTRICTION ON MORRO BAY BOULEVARD BETWEEN KERN AVENUE AND QUINTANA ROAD; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 49-00. A-7 APPROVAL OF MUTUAL AID AGREEMENT WITH WHALE ROCK COMMISSION; (PUBLIC SERVICES) RECOMMENDATION: Authorize the Mayor to execute an agreement with the Whale Rock Commission relative to water resources in the event of an emergency. A-8 RESOLUTION NO. 48-00 PROHIBITING SKATEBOARDING AND ROLLERSKATING FROM PUBLIC PROPERTY DESIGNATED FOR AND DURING THE HOURS OF THE DOWNTOWN FISHERMAN'S MARKET: (POLICE) RECOMMENDATION: Adopt Resolution No. 48-00. B. PUBLIC HEARINGS REPORTS & APPEARANCES - NONE. C. UNFINISHED BUSINESS - NONE. ® D. NEW BUSINESS D-I REVIEW AND ASSESSMENT OF MTBE IN GROUNDWATER UNDER SHELL STATION AT HIGHWAY 41 AND MAIN STREET; (PUBLIC SERVICES) RECOMNIENDATION: Receive report and direct staff accordingly. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. 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 ANC AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND DULLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY NIEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE DL'LDE TO PROVIDE ACCESSIBILITY TO THE MEETING. 3 ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JULY 24, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) Mayor Anderson read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956 9(A)• CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION • San Luis Coastal Unified School District v. City of Morro Bay; San Luis Obispo Superior Court Case No. CV981044. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:18 p.m. MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carved. (5-0) The meeting adjourned at 5:18 p.m. u ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 24, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney Bridgett Bauer City Clerk Sue Lichtenbaum Acting Harbor Director Greg Fuz Public Services Director Jeff Jones Fire Chief Larry Kraemer City Engineer Joe Loven Police Chief ® ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action was taken. PUBLIC COMMENT Jim Nance requested Council's support in adopting an ordinance prohibiting the use of cell phones while driving. Gene Shelton referred to the City's fee for obtaining a police incident report which he finds exorbitant and appears as double taxation. Jack McCurdy clarified the language and intent of Measure Q, and requested citizen support in voting yes on Measure Q which will appear on the November 7, 2000 ballot. Meredith Bates stated efforts are needed to endorse activities for Morro Bay's youth. She also addressed the proposed language amendment to Measure Q, and requested Council's support in the placement of this measure on the November ballot. 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 24, 2000 Daryl Dobson expressed the importance to placing lifeguard stations north of Morro Rock. DECLARATION OF FUTURE AGENDA ITEMS - None. The City Council added an urgency item to the agenda (Item D-2) in order to amend the language of Measure Q so that it read in the form of a question. MOTION: Councilmember Crotzer requested the City Council add an item to the agenda by 4/5 vote in order to discuss the amendment to the language of Measure Q. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are ® approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF JULY 10, 2000; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT - JUNE 2000; (FINANCE) RECOMNIENDATION: Receive for information. A-3 EXPENDITURE REPORT - JUNE 2000; (FINANCE) RECODIMENDATION: Approve as submitted. A-4 RESOLUTION NO. 50-00 APPROVING LEASE ASSIGNMENT FOR LEASE SITE 89/89W; (HARBOR) RECOMNIENDATION: Adopt Resolution No. 50-00. 1 i 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 24, 2000 A-5 NOTICE OF COMPLETION FOR STREET REHABILITATION PROJECT: (PUBLIC SERVICES) RECOM IENDATION: Accept the project as completed by R. Burke Corporation, and authorize the filing of the Notice of Completion. A-6 RESOLUTION NO. 49-00 AUTHORIZING DESIGNATION OF A TWO- HOUR PARKING RESTRICTION ON MORRO BAY BOULEVARD BETWEEN KERN AVENUE AND QUINTANA ROAD; (PUBLIC SERVICES) RECODIi\IENDATION: Adopt Resolution No. 49-00. A-7 APPROVAL OF MUTUAL AID AGREEMENT WITH WHALE ROCK COMMISSION; (PUBLIC SERVICES) RECOM IENDATION: Authorize the Mayor to execute an agreement with the ® Whale Rock Commission relative to water resources in the event of an emergency. A-8 RESOLUTION NO. 48-00 PROHIBITING SKATEBOARDING AND ROLLERSKATING FROM PUBLIC PROPERTY DESIGNATED FOR AND DURING THE HOURS OF THE DOWNTOWN FISHERMAN'S MARKET: (POLICE) RECOMMENDATION: Adopt Resolution No. 48-00. Mayor Anderson pulled Item A-4 from the Consent Calendar; Councilmember Crotzer pulled Items A-5 and A-8; Councilmember Elliott pulled Item A-6; and Councilmember Peirce pulled Item A-7. MOTION: Councilmember Peirce moved the City Council approve Items A-1, A-2 and A-3 of the Consent Calendar. The motion was seconded by Councilmember Peters. Councilmember Crotzer requested to pull Item A-2 for discussion. Councilmember Peirce accepted the amendment to his motion; Councilmember Peters accepted the amendment to her second to the motion. Is VOTE: The motion carried unanimously. (5-0) 91 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 24, 2000 A-2 CASH & INVESTMENT REPORT - JUNE 2000; (FINANCE) Councilmember Crotzer requested the Finance Director review the Allocation of Investments shown in this report. Finance Director Jim Koser reviewed the total investments by fund type as of June 30, 2000. MOTION: Councilmember Crotzer moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-4 RESOLUTION NO. 50-00 APPROVING LEASE ASSIGNMENT FOR LEASE SITE 89/89W; (HARBOR) Mayor Anderson stepped down due to a conflict of interest. ® MOTION: Councilmember Crotzer moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried with Mayor Anderson abstaining. (4-0-1) A-5 NOTICE OF COMPLETION FOR STREET REHABILITATION PROJECT: (PUBLIC SERVICES) Councilmember Crotzer asked if the savings from the Street Rehabilitation Project can be kept in the City of Morro Bay, and perhaps used for bike lane path/pedestrian path projects. Public Services Director Greg Fuz stated the San Luis Obispo Council of Governments will be considering the City's remaining funds on August 2, 2000. MOTION: Councilmember Crotzer moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) E ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 24, 2000 A-6 RESOLUTION NO. 49-00 AUTHORIZING DESIGNATION OF A TWO- HOUR PARKING RESTRICTION ON MORRO BAY BOULEVARD BETWEEN KERN AVENUE AND QUINTANA ROAD; (PUBLIC SERVICES) Councilmember Elliott announced the proposed parking restriction on Morro Bay Boulevard for public information. MOTION: Councilmember Elliott moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-7 APPROVAL OF MUTUAL AID AGREEMENT WITH WHALE ROCK COMMISSION; (PUBLIC SERVICES) Councilmember Peirce requested staff clarification on this proposed agreement with the Whale Rock Commission. ® Public Services Director Greg Fuz stated this agreement is primarily due to the relocation of the pipeline in the City due to the landslide located near Panay Street. MOTION: Councilmember Peirce moved the City Council approve Item A-7 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) A-8 RESOLUTION NO. 48-00 PROHIBITING SKATEBOARDING AND ROLLERSKATING FROM PUBLIC PROPERTY DESIGNATED FOR AND DURING THE HOURS OF THE DOWNTOWN FISHERMAN'S MARKET; (POLICE) Councilmember Crotzer stated he will be voting in opposition to this item, and expressed the need for activities which will allow local youth to interact in public situations. MOTION: Councilmember Peirce moved the City Council approve Item A-8 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried with Councilmember Crotzer voting no. (4-1) Mayor Anderson called for a break at 7:06 p.m.; the meeting resumed at 7:30 p.m. ® B. PUBLIC HEARINGS REPORTS R APPEARANCES -NONE. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 24, 2000 C. UNFINISHED BUSINESS - NONE. D. NEW BUSINESS D-1 REVIEW AND ASSESSMENT OF MTBE IN GROUNDWATER UNDER SHELL STATION AT HIGHWAY 41 AND MAIN STREET; (PUBLIC SERVICES) Public Services Director Greg Fuz reviewed the investigation of the MtBE located in the groundwater near the Shell Station at Highway 41 and Main Street. He said since March 1999 when MtBE was first detected in the effluent of the jointly -owned wastewater treatment plant, staff have been working closely with the lead regulatory agency, the Regional Water Quality Control Board (RWQCB), in dealing with the investigation and assessment of MtBE detected in the local groundwater. City Engineer Larry Kraemer reviewed the technical overview of the MtBE situation, ® including: • On -site investigation • Proposed off -site activities • Interim remediation • Impacts to City facilities r1 U Mr. Kraemer stated City staff and staff of the RWQCB propose to drill additional 14 off - site wells to help determine the direction of the flow of the MtBE. Council received the report for information; no further action was taken on this item. D-2 DISCUSSION ON AMENDMENT TO LANGUAGE OF MEASURE Q City Attorney Robert Schultz reported the City Clerk received a call from the County Clerk's office stating that Measure Q was not proposed in the form of a question. He proposed the following additional language "Shall an ordinance be enacted so that ....." be added to Measure Q so that it will qualify to be placed on the November 7, 2000 ballot. MOTION: Councilmember Peirce moved the City Council approve the additional language to Measure Q - "Shall an ordinance be enacted so that .....", in order that it will read in the form of a question. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 24, 2000 ADJOURNMENT The meeting adjourned at 8:10 p.m. Recorded by: Bridgett Bauer City Clerk u ® 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - JULY 10, 2000 CLOSED SESSION - JULY 10, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA ® CS-1 GOVERNMENT CODE SECTION 54956 9(AA)• CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION • San Luis Coastal Unified School District v. City of Morro Bay; San Luis Obispo Superior Court Case No. CV981044. CS-2 GOVERNMENT CODE SECTION 54956 7• PERSONNEL ISSUES • Discussions regarding a personnel issue including settlement of WCAB No. GRO 22847, Fred Harpster. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXENIPT FROM DISCLOSURE. 11 ® PUBLIC SESSION - JULY 10, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state ® your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITENIS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-t APPROVAL OF MINUTES FOR THE REGULAR MEETING OF JUNE 26, 2000; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. 2 ® A-2 RESOLUTION NO. 47-00 APPROVING A LEASE AGREEMENT FOR A BIKE PARK LOCATED AT 220 ATASCADERO ROAD; (RECREATION & PARKS) RECODMIENDATION: Adopt Resolution No. 47-00. A-3 RESOLUTION NO. 44-00 APPROVING AN EASEMENT AGREEMENT WITH SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR HIGH SCHOOL BIKE PATH; (PUBLIC SERVICES) RECO]YIIIIENDATION: Adopt Resolution No. 44-00. A-4 AWARD OF CONTRACT FOR DIGESTER SANDBLASTING AND COATING PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Award the project contract to A.J. Fistes Corporation in the amount of $20,500. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 ANNUAL REVIEW OF BUSINESS LICENSE RENEWAL FOR PARADISE ® ISLAND FUN PARK AT 231 ATASCADERO ROAD; (POLICE) RECOMMENDATION: Conduct a public hearing regarding the annual review on the operation of the arcade located at 231 Atascadero Road, and find that the location has been in compliance with all pre-set conditions of operation. B-2 RESOLUTION NO. 45-00 ORDERING THE LEVY OF ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 45-00. B-3 RESOLUTION NO. 46-00 ORDERING THE LEVY OF ANNUAL ASSESSMENT FOR THE CLOISTERS PARK AND OPEN SPACE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 46-00. C. UNFINISHED BUSINESS - NONE. Ell 3 ® D. NEW BUSINESS - NONE. E. ADJOUPINMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. ® COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUNIENTATION 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 AT CITY HALL, LIBRARY, AND MILLS STATIONERY. u IN CONIPLIANCE WITH THE ANIERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 4 ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JULY 10, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carved. (5-0) ® Mayor Anderson read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.9(A), CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION • San Luis Coastal Unified School District v. City of Morro Bay; San Luis Obispo Superior Court Case No. CV981044. CS-2 GOVERNMENT CODE SECTION 54956.7; PERSONNEL ISSUES • Discussions regarding a personnel issue including settlement of WCAB No. GRO 22847, Fred Harpster. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:55 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) The meeting adjourned at 5:55 p.m. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 10, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney Bridgett Bauer City Clerk Greg Fuz Public Services Director Jim Koser Finance Director Joe Loven Police Chief Andrea Lueker Recreation & Parks Director ® ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session and took the following action: CS-1 GOVERiNNIENT CODE SECTION 54956.9(A)• CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION • San Luis Coastal Unifred School District v. City of Morro Bay; San Luis Obispo Superior Court Case No. CV981044. MOTION: Councilmember Peirce moved the City Council authorize the filing of a petition for review with the California Supreme Court in regards to San Luis Obispo Superior Court Case No. CV981044 (San Luis Coastal Unified School District v. City of Morro Bay). The motion was seconded by Councilmember Peters and carried unanimously. (5-0) 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 10, 2000 CS-2 GOVERNMENT CODE SECTION 54956 7; PERSONNEL ISSUES • Discussions regarding a personnel issue including settlement of WCAB No. GRO 22847, Fred Harpster. No reportable action was taken. PUBLIC COMMENT Doris Murray, representing the Morro Bay Neighbors, requested support and donations for the proposed Measure Q-2000 which will be placed on the November 7, 2000 General Municipal Election ballot. Bill Woodson, Chair of the Citizens' Bike Committee, reviewed the Committee's findings for the Bikeway Study. ® Meredith Bates, Member of the Citizens' Bike Committee, acknowledged the assistance of City staff and others who helped with the report prepared by the Committee. Jack McCurdy addressed the proposed City Measure "P-2000", stating the proposed language is more promotional than objective, and noted this ballot measure is not binding. Ellen Sturtz shared the web page www.plant expansion.org for plant expansion information. DECLARATION OF FUTURE AGENDA ITEMS - None. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF JUNE 26, 2000; (ADMINISTRATION) RECOi\INIENDATION: Approve as submitted. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 10, 2000 A-2 RESOLUTION NO. 47-00 APPROVING A LEASE AGREEMENT FOR A BIKE PARK LOCATED AT 220 ATASCADERO ROAD; (RECREATION & PARKS) RECOiNENIENDATION: Adopt Resolution No. 47-00. A-3 RESOLUTION NO. 44-00 APPROVING AN EASEMENT AGREEMENT WITH SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR HIGH SCHOOL BIKE PATH; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 44-00. A-4 AWARD OF CONTRACT FOR DIGESTER SANDBLASTING AND COATING PROJECT; (PUBLIC SERVICES) RECONINIENDATION: Award the project contract to A.J. Fistes Corporation ® in the amount of $20,500. Mayor Anderson pulled Item A-2 from the Consent Calendar. MOTION: Councilmember Peters moved the City Council approve the Consent Calendar with the exception of Item A-2. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) A-2 RESOLUTION NO. 47-00 APPROVING A LEASE AGREEMENT FOR A BIKE PARK LOCATED AT 220 ATASCADERO ROAD Mayor Anderson requested staff review the plans for the proposed bike park. Recreation & Parks Director Andrea Lueker reviewed the plans for the proposed bike park which will be located at 220 Atascadero Road. MOTION: Mayor Anderson moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) Mayor Anderson called for a break at 6:40 p.m.; the meeting resumed at 7:00 p.m. 11 4 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 10, 2000 B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 ANNUAL REVIEW OF BUSINESS LICENSE RENEWAL FOR PARADISE ISLAND FUN PARK AT 231 ATASCADERO ROAD; (POLICE) Police Chief Joe Loven reviewed the annual report for the business license renewal for Paradise Island Fun Park located at 231 Atascadero Road. Chief Loven stated the location has been in compliance with all pre-set conditions of operation, and recommended the City Council renew the business license for one year. Mayor Anderson opened the hearing for public comment; there were no comments and the public comment hearing was closed. The City Council concurred to renew the business license for Paradise Island Fun Park; no further action was taken B-2 RESOLUTION NO. 45-00 ORDERING THE LEVY OF ANNUAL ® ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT: (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated the City Council adopted Resolution No. 31-00 at the June 12, 2000 Council meeting approving the Engineer's Report describing the annual maintenance to be completed at the North Point Natural Area, and declaring the City's intent to levy an annual assessment to finance this maintenance. Ms. Lueker recommended the City Council adopt Resolution No. 45-00, wherein the amount of 55,645 will be collected through an assessment of all parcel owners in the North Point subdivision for the maintenance of the North Point Natural Area. Mayor Anderson opened the hearing for public comment. Richard Zainze and Don White, property owners at North Point subdivision, requested an extension of time in order to allow the residents to review and discuss this proposed assessment. Mayor Anderson closed the public comment hearing. Mayor Anderson stated it is the developer's responsibility to advise potential property owners that there is an assessment district within the subdivision. 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 10, 2000 Councilmember Peters stated the assessment should be in the deed when property owners purchase their property. Councilmember Peirce stated he would like resolution for future development that allow the parks to be maintained by those who use the parks. Councilmember Elliott expressed opposition to the assessment fee because it should be paid by all who enjoy the convenience of a park. Councilmember Crotzer had no comment. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 45-00, wherein the amount of 55,645 will be collected through an assessment of all parcel owners in the North Point subdivision for the maintenance of the North Point Natural Area. The motion was seconded by Mayor Anderson and carried with Councilmember Elliott and Councilmember Peirce voting no. (3-2) ® B-3 RESOLUTION NO. 46-00 ORDERING THE LEVY OF ANNUAL ASSESSMENT FOR THE CLOISTERS PARK AND OPEN SPACE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated the City Council adopted Resolution No. 32-00 at the June 12, 2000 Council meeting approving the Engineer's Report describing the annual maintenance to be completed at the Cloisters Park and Open Space, and declaring the City's intent to levy an annual assessment to finance this maintenance. Ms. Lueker recommended the City Council adopt Resolution No. 46-00, wherein the amount of 5148,944 will be collected through an assessment of all parcel owners in the Cloisters subdivision for the maintenance of the Cloisters Park and Open Space. Mayor Anderson opened the hearing for public comment. Jim Wood stated this assessment district was placed in bold -writing to the prospective property owners advising them of the assessment. Mayor Anderson closed the public comment hearing. 11 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 10, 2000 Councilmember Crotzer stated a broad look needs to be taken of our community and its coastal zone. He said this development had conditions that open space be provided to the public, and the assessment was disclosed legally upon purchase of property. Councilmember Crotzer stated this park and open space is a tremendous asset to the City. Councilmember Peirce stated he sees no difference between an assessment district and a gated -community. He said he would like to find another way to finance the City's parks in the future. Councilmember Peirce stated the property owners in the Cloister's subdivision were made aware of the assessment district. Councilmember Elliott expressed opposition to the assessment fee because it should be paid by all who enjoy the convenience of a park. Councilmember Peters stated the property owners in this development were fully aware of the assessment district, and chose to purchase in this development. She noted the property owners in the Cloister's development have the benefit of having a park and open space at their doorstep. ® Mayor Anderson stated conservation in maintaining the park is important, and preventive maintenance creates a long-term solution for the subdivision. MOTION: Councilmember Crotzer moved the City Council adopt Resolution No. 46-00, wherein the amount of S 148,944 will be collected through an assessment of all parcel owners in the Cloisters subdivision for the maintenance of the Cloisters Park and Open Space. The motion was seconded by Councilmember Peters and carried with Councilmember Elliott voting no. (4-1) D. NEW BUSINESS - None. F. ADJOURNMENT The meeting adjourned at 7:55 p.m. Recorded by: ` p� Bridgett Sauer City Clerk 7 • City of Morro Bay City Council Agenda Alission Statement The City of Alorro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - JUNE 26, 2000 CLOSED SESSION - JUNE 26, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA ® CS-1 GOVERNMENT CODE SECTION 54956.8: REAL PROPERTY TRANSACTIONS. Instructing the City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange; or lease of real property as to six (6) parcels: • Property: Lease Site at 601-699 Embarcadero Negotiating Parties: Stan Trapp and the City of Morro Bay Negotiations: Renegotiation of Terms and Conditions of Current Agreement. • PropertX: Vacant Lot/Comer of Morro Avenue and Harbor Street Negotiating Parties: Hartzell Family and the City of Morro Bay Negotiations: Voluntary Purchase and Sale. • PropertX: Lots/Monterey Avenue R Harbor Street Negotiating Parties: Jorge Family and the City of Morro Bay Negotiations: Voluntary Purchase and Sale. • PropertX: State Park Marina Negotiating Parties: California State Department of Parks and Recreation and the City of Morro Bay Negotiations: Lease Agreement Negotiations. - ® Property: 220 Atascadero Road, Morro Bay Negotiating Parties: Mary and Don Puett and the City of Morro Bay Negotiations: Lease Agreement Negotiations. • Pr e : Comer of Pacific Street and Market Street Negotiating Parties: Jerry Hempenius and the City of Morro Bay Negotiations: Voluntary Purchase and Sale. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION - NNE 26, 2000 VETERANS NIENIORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER ® INVOCATION PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS 2 ® A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF JUNE 12, 2000; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CAST & INVESTMENTS - APRIL/MAY 2000; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - APRILPMAY 2000; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 38-00 ADOPTING FISCAL YEAR 2000-2001 BUDGET; (FINANCE) ® RECOMMENDATION: Adopt Resolution No. 38-00. A-5 RESOLUTION NO. 39-00 AWARDING CONTRACT FOR CITY DOCK FIRE SPRINKLER SYSTEM; (CAPITAL PROJECTS MANAGER) RECOMMENDATION: Adopt Resolution No. 39-00. A-6 RESOLUTION NO. 40-00 AMENDING 1998 STIP AUGMENTATION PROGRAM TO INCLUDE NORTH MAIN STREET; (CAPITAL PROJECTS MANAGER) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA. A-7 RESOLUTION NO. 43-00 APPROVING LEASE AMENDMENT FOR LEASE SITE 71-74/71W-74W/MARINE SQUARE PARTNERSHIP; (HARBOR) RECOMMENDATION: Adopt Resolution No. 43-00. A-8 RESOLUTION NO. 37-00 AUTHORIZING A THREE-YEAR AGREEMENT WITH SAN LUIS OBISPO COUNTY DIVISION OF ANIMAL CONTROL SERVICES TO PROVIDE ANIMAL CONTROL SERVICES FOR THE CITY OF MORRO BAY; (POLICE) RECOMMENDATION: Adopt Resolution No. 37-00. 3 A-9 PROCLAMATION RECOGNIZING THE 35TH ANNIVERSARY OF THE MORRO BAY POLICE DEPARTMENT; (POLICE) RECOMNIENDATION: Adopt proclamation. A-10 PROCLAMATION DECLARING JULY 2000 AS "RECREATION & PARKS MONTH'; (RECREATION & PARKS) RECOMMENDATION: Adopt proclamation. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 APPROVAL OF PRE -APPLICATION RECOMMENDATIONS FOR THE DUKE ENERGY POWER PLANT MODERNIZATION PLAN; (PUBLIC SERVICES) RECOMMENDATION: Discuss and direct staff accordingly. C. UNFINISHED BUSINESS - NONE. D. NEW BUSINESS is D-I RESOLUTION NO. 42-00 CERTIFYING THE PETITIONS FOR THE CITIZENS' INITIATIVE PROPOSING AMENDMENTS TO THE GENERAL PLAN LAND USE ELEMENT AND COASTAL LAND USE PLAN REGARDING THE DEVELOPMENT OR REPLACEMENT OF ELECTRICAL -GENERATING FACILITIES; (ADMINISTRATION) E RECOMi1IENDATION: Adopt Resolution No. 42-00; and discuss the preparation of arguments relating to the proposed citizens' initiative. D-2 RESOLUTION NO. 41-00 CALLING THE NOVEMBER 7, 2000 GENERAL MUNICIPAL ELECTION AND REQUESTING CONSOLIDATION WITH THE COUNTY OF SAN LUIS OBISPO, AND DISCUSSION ON PREPARATION OF ARGUMENTS FOR PROPOSED CITY MEASURE; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 41-00; and discuss the preparation of arguments for the proposed City measure. 4 0 E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. 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 AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 5 2 E MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JUNE 26, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m. PRESENT: ABSENT STAFF: C�II��Tti��Y.y[�]►1 Rodger Anderson Dave Elliott William Peirce Janice Peters Colby Crotzer Robert Hendrix Robert Schultz Mayor Councilmember Councilmember Councilmember Councilmember City Manager City Attorney MOTION: Councilmember Elliott moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peirce and unanimously carved. (4-0) Mayor Anderson read the Closed Session statement. Mayor Anderson stepped out of the meeting due to a conflict of interest on Lease Site at 601- 699 Embarcadero. CS-1 GOVERNMENT CODE SECTION 54956.8. REAL PROPERTY TRANSACTIONS. Instructing the City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to six (6) parcels: PropertX: Lease Site at 601-699 Embarcadero Negotiating Parties: Stan Trapp and the City of Morro Bay Negotiations: Renegotiation of Terms and Conditions of Current Agreement. Pr e : Vacant Lot/Comer of Morro Avenue and Harbor Street Negotiating Parties: Hartzell Family and the City of Morro Bay Negotiations: Voluntary Purchase and Sale. Property: Lots/Monterey Avenue & Harbor Street Negotiating Parties: Jorge Family and the City of Morro Bay Negotiations: Voluntary Purchase and Sale. ® • Pro e�rtX: State Park Marina Negotiating Parties: California State Department of Parks and Recreation and the City of Morro Bay Negotiations: Lease Agreement Negotiations. • Property: 220 Atascadero Road, Morro Bay Negotiating Parties: Mary and Don Puett and the City of Morro Bay Negotiations: Lease Agreement Negotiations. • Property: Comer of Pacific Street and Market Street Negotiating Parties: Jerry Hempenius and the City of Morro Bay Negotiations: Voluntary Purchase and Sale. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:55 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Elliott and unanimously carried. (4-0) The meeting adjourned at 5:55 p.m. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m PRESENT: Rodger Anderson Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember ABSENT: Colby Crotzer Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney Bridgett Bauer City Clerk Rick Algert Harbor Director Greg Fuz Public Services Director Jeff Jones Fire Chief Jim Koser Finance Director Joe Loven Police Chief ® Andrea Lueker Recreation & Parks Director 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 2000 ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action was taken. PUBLIC COMMENT Kim Kimball requested community donations for the upcoming 4th of July festivities. Peter Wagner, representing Morro Bay Neighbors, addressed the purpose of the proposed citizen initiative relating to the Duke Power Plant Modernization Project. He noted the initiative would require an amendment to the City's Coastal Land Use Plan for any proposed ® modifications. Doris Murray, Morro Bay Neighbors, requested support for the proposed citizen initiative. l Eileen Doran stated the power plant site is prime waterfront property, and consideration should be made on alternatives for this site. David Nelson stated he visited the Duke Energy Power Plant in Bridgeport, Connecticut and said it is unsightly and appears like an industrial site. Don Boatman expressed concern with the Sun Bulletin editorial "Truths and Rumors" written by Councilmember Peters. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Elliott requested to reagendize discussion on a two-hour parking restriction on Morro Bay Boulevard. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 2000 A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF JUNE 12, 2000; (ADMINISTRATION) RECOMNIENDATION: Approve as submitted. A-2 STATEMENT OF CAST & INVESTMENTS - APRIL/MAY 2000; (FINANCE) RECONIMENDATION: Receive for information. A-3 EXPENDITURE REPORT - APRIL/MAY 2000; (FINANCE) ® RECONINIENDATION: Approve as submitted. A-4 RESOLUTION NO. 38-00 ADOPTING FISCAL YEAR 2000-2001 BUDGET; (FINANCE) RECOMNIENDATION: Adopt Resolution No. 38-00. A-5 RESOLUTION NO. 39-00 AWARDING CONTRACT FOR CITY DOCK FIRE SPRINKLER SYSTEM; (CAPITAL PROJECTS MANAGER) RECOMMENDATION: Adopt Resolution No. 39-00. A-6 RESOLUTION NO. 40-00 AMENDING 1998 STIP AUGMENTATION PROGRAM TO INCLUDE NORTH MAIN STREET; (CAPITAL PROJECTS MANAGER) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA A-7 RESOLUTION NO. 43-00 APPROVING LEASE AMENDMENT FOR LEASE SITE 71- 74/71W-74W/MARINE SQUARE PARTNERSHIP; (HARBOR) RECONIMENDATION: Adopt Resolution No. 43-00. n ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 2000 A-8 RESOLUTION NO. 37-00 AUTHORIZING A THREE-YEAR AGREEMENT WITH SAN LUIS OBISPO COUNTY DIVISION OF ANIMAL CONTROL SERVICES TO PROVIDE ANIMAL CONTROL SERVICES FOR THE CITY OF MORRO BAY; (POLICE) RECOMMENDATION: Adopt Resolution No. 37-00. A-9 PROCLAMATION RECOGNIZING THE 35TH ANNIVERSARY OF THE MORRO BAY POLICE DEPARTMENT; (POLICE) RECOMMENDATION: Adopt proclamation. A-10 PROCLAMATION DECLARING JULY 2000 AS "RECREATION & PARKS MONTH'; (RECREATION & PARKS) RECONINIENDATION: Adopt proclamation. ® Councilmember Peters pulled Item A-3 from the Consent Calendar; Mayor Anderson pulled Items A-7 and A-10. MOTION: Councilmember Peters moved the City Council approve the Consent Calendar with the exception of Items A-3, A-7 and A-10. The motion was seconded by Councilmember Elliott and carried unanimously. (4-0) A-3 EXPENDITURE REPORT - APRILMAY 2000; (FINANCE) Councilmember Peters requested staff clarification on particular expenses made by the Recreation & Parks Department and Public Services Department. Recreation & Parks Director Andrea Lueker and Public Services Director Greg Fuz reported on the expenses inquired by Councilmember Peters. MOTION: Councilmember Peters moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (4-0) A-7 RESOLUTION NO. 43-00 APPROVING LEASE AMENDMENT FOR LEASE SITE 71- 74/71 W-74WMARINE SQUARE PARTNERSHIP; (HARBOR) ® Mayor Anderson stepped down due to a conflict of interest. 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 2000 E MOTION: Councilmember Peters moved the City Council approve Item A-7 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried with Mayor Anderson abstaining. (3-0-1) A-10 PROCLAMATION DECLARING JULY 2000 AS "RECREATION & PARKS MONTH'; (RECREATION & PARKS) Mayor Anderson requested Recreation & Parks Director Andrea Lueker share the activities that will be held in honor of "Recreation & Parks Month". Ms. Lueker reviewed the activities that will take place in honor of July 2000 being proclaimed as of "Recreation & Parks Month". MOTION: Councilmember Peirce moved the City Council approve Item A-10 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (4-0) Mayor Anderson called for a break at 6:50 p.m.; the meeting resumed at 7:00 p.m. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 APPROVAL OF PRE -APPLICATION RECOMMENDATIONS FOR THE DUKE ENERGY POWER PLANT MODERNIZATION PLAN; (PUBLIC SERVICES) Public Services Director Greg Fuz reviewed the draft pre -application recommendations and proposed changes to the project made by Duke Energy in response to the City's recommendations. Mr. Fuz recommended the City Council accept the pre -application recommendations, and direct staff to transmit the recommendations to Duke Energy for consideration, where feasible and practicable, in its revised application to the California Energy Commission. David Madway, Special Counsel representing the City, was present for Council questions. Mark Seedhall, Duke Energy Project Manager, reviewed the following proposed project revisions: 1) consolidating the project into a single phase; 2) removing the three existing stacks by 2004; and 3) completing demolition of the entire existing power plant by 2007. Mr. Seedhall also presented responses to other key issues raised through the City pre - application process. 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 2000 Michael Thomas, Regional Water Quality Control Board, gave an overview of the RWQCB process. He addressed the following: 1) Goals - reasonable protection of beneficial uses; reasonable relationship to other projects (Moss Landing, Diablo Canyon); 2) Timing - Duke Energy's schedule; 3) Permit Process - permit application, necessary permit conditions, permit is issued if reasonable protection is assured; 4) Mitigation - habitat -based (entrainment causes loss of estuarine productivity, interpreted as effective habitat loss, preservation, restoration, stewardship); 5) Independent Oversight - all biological studies are designed and implemented with independent scientific oversight; 6) Public Review Process - review study plans and submit comments, review draft permit when issued and submit comments, address Regional Board at public hearing next Spring; 7) Historical Operation vs. Upgrade - temperature and cooling water volume. Bob Carr, Air Pollution Control District, reviewed APCD requirements during the proposed phases of the modernization project as follows: 1) reduce construction emissions; 2) demolition of tanks; and 3) emission testing and federal operating permit. is proposed Wylie, APCD, showed the maximum daily CO and NOx emissions by 2003 during the proposed phases of the modernization project; including, volatile organic compound tons per year, particulate matter tons per year, sulfur oxides (SOx) tons per year, and nitrogen oxides (NOx) tons per year. Mayor Anderson opened the hearing for public comment. Henrietta Groot requested the City Council consider the prevention of unknown errors by hiring a consultant to review energy needs and alternative uses for this site. Ted Hall, representative of the Building Trades Council, expressed support for the modernization project. He stated the demolition and replacement of the plant will take place with the use of local union labor workers which will benefit the local economy. Mr. Hall noted that Duke Energy is responsive to local concerns. Bonita Chumey addressed the recommendations prepared by staff stating the language "where feasible and practicable" should be removed from the recommendations. She referred to the June 21, 2000 letter sent to Mayor Anderson by Duke Energy requesting Council support for the revised Application for Certification. Ms. Chumey stated it is improper to request such support prior to the availability of the revised AFC, and she requested Council not commit at this time. ® David Nelson stated further research should be conducted to show what effects of the power plant may occur 50 years from now. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 2000 Betty Winholtz expressed concern with the single phase project vs. the Memorandum of Understanding between the City and Duke Energy. She referred to a 1998 Sun Bulletin article regarding maximizing the burning of the Morro Bay plant and the emissions created. Gary Johnson expressed support for the Duke Energy Modernization Project, and said it is time to move forward with this project. Don Boatman stated he agrees with Councilmember Elliott's statement about why build something that needs mitigation. Peter Wagner stated sediment and core studies are very effective. He asked how many employees will there be, now vs. then. Mr. Wagner urged Council to hire an independent consultant to audit Duke Energy's claims on the life of the old plant vs. new plant. Mayor Anderson closed the public comment hearing. Councilmember Elliott stated it is time to move ahead with this project. He said he accepts the report as a compilation of information along with the past meetings and workshops. ® Councilmember Elliott thanked Duke Energy for their patience, the City Attorney for his guidance and direction, the City Manager for his experience which provided great leadership, and the Public Services Director for his dedication and perseverance. Councilmember Peters stated the recommendations in the staff report contain input received, and she looks forward to moving forward to the next phase in the process. Councilmember Peters thanked the public for their input in preparation of this project. Councilmember Peirce stated City staff and Duke Energy staff should be commended for the outcome of the recommendations provided in this report, and he supports moving forward to the next phase of the project. Mayor Anderson commended staff for doing an outstanding job with presenting this project to Council and the public. He said he has reiterated that a single phase project is the only acceptable way, which has been proposed. Mayor Anderson noted the biggest issues have been resolved. He said he supports moving forward, and requested a letter be drafted by the city attorney to Duke Energy acknowledging the concessions made by Duke Energy and the City Council's support of moving ahead with a single phased project. MOTION: Councilmember Elliott moved the City Council accept the pre -application recommendations, and direct staff to transmit the recommendations to Duke Energy for consideration, where feasible and practicable, in its revised application to the California Energy Commission. The motion was seconded ® by Councilmember Peirce. 8i ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 2000 Councilmember Peters requested to remove the language "where feasible and practicable" from the recommendations. Councilmember Elliott called the question. VOTE: The motion failed with Mayor Anderson and Councilmember Peters voting no. (2-2) MOTION: Councilmember Peters moved the City Council accept the pre -application recommendations, and direct staff to transmit the recommendations to Duke Energy for consideration in its revised application to the California Energy Commission. The motion was seconded by Mayor Anderson and carved unanimously. (4-0) Mayor Anderson called for a break at 8:45 p.m.; the meeting resumed at 9:04 p.m. C. UNFINISHED BUSINESS -NONE. ® D. NEW BUSINESS D-1 RESOLUTION NO. 42-00 CERTIFYING THE PETITIONS FOR THE CITIZENS' INITIATIVE PROPOSING AMENDMENTS TO THE GENERAL PLAN LAND USE ELEMENT AND COASTAL LAND USE PLAN REGARDING THE DEVELOPMENT OR REPLACEMENT OF ELECTRICAL -GENERATING FACILITIES; (ADMINISTRATION) City Manager Robert Hendrix introduced Resolution No. 42-00 certifying the petitions for the citizen's initiative proposing amendments to the General Plan Land Use Element and Coastal Land Use Plan regarding the development or replacement of electrical -generating facilities. He recommended the City Council adopt Resolution No. 42-00 certifying the petitions for the citizen's initiative, and request its placement on the November 7, 2000 General Municipal Election ballot. MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 42-00 certifying the petitions for the citizen's initiative proposing amendments to the General Plan Land Use Element and Coastal Land Use Plan regarding the development or replacement of electrical -generating facilities, and request its placement on the November 7, 2000 General Municipal Election ballot. The motion was seconded by Councilmember Peters and carried unanimously. (4-0) 9 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 26, 2000 D-2 RESOLUTION NO. 41-00 CALLING THE NOVEMBER 7, 2000 GENERAL MUNICIPAL ELECTION AND REQUESTING CONSOLIDATION WITH THE COUNTY OF SAN LUIS OBISPO, AND DISCUSSION ON PREPARATION OF ARGUMENTS FOR PROPOSED CITY MEASURE; (ADMINISTRATION) City Manager Robert Hendrix introduced Resolution No. 41-00 calling the November 7, 2000 General Municipal Election for the purpose of electing certain officers for the City of Morro Bay, calling an advisory ballot election, and requesting consolidation with the County of San Luis Obispo. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 41-00 calling the November 7, 2000 General Municipal Election for the purpose of electing certain officers for the City of Morro Bay, calling an advisory ballot election, and requesting consolidation with the County of San Luis Obispo. The motion was seconded by Councilmember Peirce. Mayor Anderson asked if the language in the advisory measure can be amended as follows: ® Shall the City Council of Morro Bay support a single phase per iect Q the replacement and demolition of the existing Morro Bay Power Plant (owned and operated by Duke Energy` (estimated to be completed by 2007) if the project complies with all regulatory laws, ordinances, regulations and standards? City Attorney Robert Schultz responded the language may be amended as requested. Councilmember Peters amended her motion to include the language proposed; Councilmember Peirce amended his second. VOTE: The motion carried unanimously. (4-0) F. ADJOURNMENT The meeting adjourned at 9:20 p.m. Recorded by: ® Bridgett BaUu_err City Clerk 10 ® 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR NIEETING - JUNE 12, 2000 CLOSED SESSION - JUNE 12, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956.8• REAL PROPERTY ® TRANSACTIONS. Instructing the City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to two (2) parcels: Property: Lease Site at 601-699 Embarcadero Negotiating Parties: Stan Trapp and the City of Morro Bay Negotiations: Renegotiation of terms and conditions of current agreement. Property: King Property/Den Dulk Property Negotiating Parties: John King and Fred Glick and the City of Morro Bay Negotiations: Possible Voluntary Purchase. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. El PUBLIC SESSION - JUNE 12, 2000 ® VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual ® member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF MAY 8, 2000. AND THE BUDGET WORKSHOPS OF MAY 24, 2000 AND JUNE 5, 2000; (ADMINISTRATION) RECONINIENDATION: Approve as submitted. A-2 APPROVAL OF NEW AND AMENDED JOB DESCRIPTIONS; (PERSONNEL) RECOMMENDATION: Approve new job descriptions for Management Analyst, Permit Technician, Police Lieutenant, and Code Enforcement Officer; and amend the job description for Planning Nlanager and Senior Planner. 2 A-3 RESOLUTION NO. 36-00 IN SUPPORT OF THE CALIFORNIA MARINE ® AFFAIRS AND NAVIGATION CONFERENCE POSITION ON NATIONAL MARINE SANCTUARY REAUTHORIZATION ACT; (HARBOR) RECOMMENDATION: Adopt Resolution No. 36-00. A-4 RESOLUTION NO. 33-00 AUTHORIZING DESIGNATION OF A TWO-HOUR PARKING RESTRICTION ON THE NORTH SIDE OF MORRO BAY BOULEVARD BETWEEN KERN AVENUE AND QUNTANA ROAD; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 33-00. A-5 RESOLUTION NO. 34-00 APPROVING ONE-YEAR EXTENSION OF ADVERTISING SERVICES AGENCY AGREEMENT WITH TOM JONES ADVERTISING AGENCY; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 34-00. A-6 PROCLAMATION DECLARING JUNE 14 - JULY 4, 2000 AS "21-DAY SALUTE TO HONOR AMERICA'; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. ® B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-I RESOLUTION NO. 35-00 ADOPTING FISCAL YEAR 2000-2001 APPROPRIATION LIMIT; (FINANCE) RECOMMENDATION: Adopt Resolution No. 35-00. B-2 PRE -APPLICATION RECOMMENDATIONS FOR THE DUKE ENERGY POWER PLANT MODERNIZATION PLAN; (PUBLIC SERVICES) RECOMNIENDATION: Receive report and proposed project recommendations; conduct a public hearing; and continue this matter to June 26, 2000 to consider acceptance of the proposed project recommendations with any modifications that may be directed by the City Council. B-3 RESOLUTION NO. 31-00 APPROVING THE ENGINEERS REPORT AND DECLARING THE INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) ® RECOMMENDATION: Adopt Resolution No. 31-00. 3 B-4 RESOLUTION NO. 32-00 APPROVING THE ENGINEERS REPORT AND DECLARING THE INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE isCLOISTERS PARK AND OPEN SPACE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 32-00. C. UNFINISHED BUSINESS C-1 STATUS REPORT ON ADVISORY BALLOT MEASURE FOR THE DUKE ENERGY POWER PLANT MODERNIZATION PROJECT; (CITY ATTORNEY) RECOMMENDATION: Receive report on Advisory Ballot Measure for the Duke Energy Power Plant Modernization Project, and direct staff accordingly. C-2 RECOMMENDATION TO DESIGNATE THE BUILDING AT 1055 MORRO AVENUE AS A YOUTH CENTER; (RECREATION & PARKS) RECOMMENDATION: Consider staff and Recreation & Parks Commission recommendation to designate the building at 1055 Morro Avenue as a youth center. ® C-3 STATUS REPORT ON PARKING IN -LIEU FUNDS; (CITY ATTORNEY) RECOMMENDATION: Receive status report on Parking In -Lieu Funds, and direct staff accordingly. D. NEW BUSINESS D-I DISCUSSION ON THE USE OF CITY TRANSPORTATION FOR THE 4TH OF JULY EVENT AT TIDELANDS PARK; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. 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 AT CITY HALL, LIBRARY, AND MILLS STATIONERY. Is IN COMPLIANCE WITH THE AMERICANS R7TH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. L, ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JUNE 12, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Elliott moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) Is Mayor Anderson read the Closed Session statement. Mayor Anderson left the Closed Session meeting due to a conflict of interest relating to CS-1 (Lease Site at 601-699 Embarcadero). CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY TRANSACTIONS. Instructing the City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to two (2) parcels: • Propert : Lease Site at 601-699 Embarcadero Negotiating Parties: Stan Trapp and the City of Morro Bay Negotiations: Renegotiation of terms and conditions of current agreement. • Propert : King Property/Den Dulk Property Negotiating Parties: John King and Fred Glick and the City of Morro Bay Negotiations: Possible Voluntary Purchase. ] MOTION: Councilmember Peirce moved the City Council add an item to the Closed Session agenda to discuss Threatened Litigation. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) CS-2 GOVERNMENT CODE SECTION 54956.9L1: CONFERENCE WITH LEGAL COUNSEL REGARDING THREATENED LITIGATION. • Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carried. (4-0) The meeting adjourned at 5:50 p.m. is REGULAR - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 12, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney Bridgett Bauer City Clerk Rick Algert Harbor Director Greg Fuz Public Services Director Jim Koser Finance Director Joe Loven Police Chief Andrea Lueker Recreation & Parks Director Mike Pond Acting Fire Chief 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 12, 2000 ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action was taken. Lionel Johnston addressed the deceased eucalyptus trees in Morro Bay which are creating a hazardous situation. Jack Hansen thanked the Council for their efforts relating to opposition of AB 2570. Peter Wagner addressed Item C-1 (Status Report on Advisory Ballot Measure for the Duke Energy Power Plant Modernization Project), stating the Coastal Alliance supports the language in Option #2 in the staff report, and noted a third alternative for Council's ® consideration by adding "support exploring means of early termination of plant operations" which he said is a viable option. Suedene Walker and Uncle Sam (Neil Farrell) requested donations for the 4th of July festivities. Bonita Chumey addressed the time and efforts made by volunteers of the Coastal Alliance regarding all issues relating to the Duke Energy modernization project. The following people expressed opposition to Item C-2 (Recommendation to Designate the Building at 1055 Morro Avenue as a Youth Center): Chuck Meissner, Gary Johnson, Priscilla Coe, and Andrew Hamp. The following people expressed support for Item C-2 (Recommendation to Designate the Building at 1055 Morro Avenue as a Youth Center): Erica Duggan (representing the youth) and Stan House. Dannie Tope addressed the lack of parking in the downtown area, and submitted petitions relating to this problem. John Belcher, Attorney, addressed the use of parking in -lieu funds for the property ® located at 1055 Morro Avenue, and stated these funds should be reimbursed for the appropriate use. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 12, 2000 Richard Smith expressed concern with the proposed language for the advisory vote relating to the modernization of the Duke Energy Power Plant. He said language should be added asking if citizens do or do not want a power plant in the City of Morro Bay. Mayor Anderson closed the public comment period. DECLARATION OF FUTURE AGENDA ITEMS - NONE. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF MAY 8, 2000, AND THE BUDGET WORKSHOPS OF MAY 24, 2000 AND JUNE 5, 2000; (ADMINISTRATION) ® RECOMMENDATION: Approve as submitted. A-2 APPROVAL OF NEW AND AMENDED JOB DESCRIPTIONS; (PERSONNEL) RECOMMENDATION: Approve new job descriptions for Management Analyst, Permit Technician, Police Lieutenant, and Code Enforcement Officer; and amend the job description for Planning Manager and Senior Planner. A-3 RESOLUTION NO. 36-00 IN SUPPORT OF THE CALIFORNIA MARINE AFFAIRS AND NAVIGATION CONFERENCE POSITION ON NATIONAL MARINE SANCTUARY REAUTHORIZATION ACT; (HARBOR) RECOMMENDATION: Adopt Resolution No. 36-00. A-4 RESOLUTION NO. 33-00 AUTHORIZING DESIGNATION OF A TWO- HOUR PARKING RESTRICTION ON THE NORTH SIDE OF MORRO BAY BOULEVARD BETWEEN KERN AVENUE AND QUINTANA ROAD; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 33-00. 11 4 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 12, 2000 A-5 RESOLUTION NO. 34-00 APPROVING ONE-YEAR EXTENSION OF ADVERTISING SERVICES AGENCY AGREEMENT WITH TOM JONES ADVERTISING AGENCY; (ADMINISTRATION) RECOM' IENDATION: Adopt Resolution No. 34-00. A-6 PROCLAMATION DECLARING JUNE 14 - JULY 4, 2000 AS "21-DAY SALUTE TO HONOR AMERICA"; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. Councilmember Peters pulled Item A-3 from the Consent Calendar; Councilmember Elliott pulled Item A-4; and Mayor Anderson pulled Item A-6. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exceptions of Item A-3, A-4, and A-6. The motion was ® seconded by Councilmember Elliott and carried unanimously. (5-0) A-3 RESOLUTION NO. 36-00 IN SUPPORT OF THE CALIFORNIA MARINE AFFAIRS AND NAVIGATION CONFERENCE POSITION ON NATIONAL MARINE SANCTUARY REAUTHORIZATION ACT; (HARBOR) Councilmember Peters noted for public information that public hearings were held on this issue by the Harbor Advisory Board. Councilmember Crotzer stated the Harbor Advisory Board's review showed unjustified fear of a marine sanctuary. He said there would be an overwhelming response of support in San Luis Obispo County for a marine sanctuary. Councilmember Crotzer stated a marine sanctuary is provided for the collection of data. Mayor Anderson stated if there is to be a marine sanctuary, it should be off -shore in Morro Bay. MOTION: Councilmember Peirce moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) E. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 12, 2000 A-4 RESOLUTION NO. 33-00 AUTHORIZING DESIGNATION OF A TWO- HOUR PARKING RESTRICTION ON THE NORTH SIDE OF MORRO BAY BOULEVARD BETWEEN KERN AVENUE AND QUINTANA ROAD; (PUBLIC SERVICES) Councilmember Elliott stated the City already has an ordinance that precludes parked vehicles with display ads, and there is no reason to add another regulation when there is established law that enforces this regulation. Mayor Anderson stated a two-hour parking limit will allow easier enforcement on vehicles which may be parked for the day for people who are carpooling or taking the bus to their destination. Councilmember Peters stated if a time limit is enforced, it should be for both sides of the street, and not limited to four spaces. She agrees that it is an enforcement issue. ® Councilmember Peirce and Councilmember Crotzer agreed this is an enforcement issue. Public Services Director Greg Fuz clarified this request was made due to sight obstruction on both sides coming out of the trailer park. MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 33-00 authorizing the designation of a two-hour parking restriction on the north side of Morro Bay Boulevard between Kern Avenue and Quintana Road. The motion was seconded by Mayor Anderson and failed with Councilmember Crotzer, Councilmember Elliott and Councilmember Peters voting no. (2-3) The City Council directed staff to continue with enforcement based on California Vehicle Code and City law. A-6 PROCLAMATION DECLARING JUNE 14 - JULY 4, 2000 AS "21-DAY SALUTE TO HONOR AMERICA'; (ADMINISTRATION) Mayor Anderson read the proclamation for public information. MOTION: Councilmember Peirce moved the City Council approve Item A-6 for public information. The motion was seconded by The motion was ® seconded by Councilmember Crotzer and carved unanimously. (5-0) C. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 12, 2000 B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-I RESOLUTION NO. 35-00 ADOPTING FISCAL YEAR 2000-2001 APPROPRIATION LIMIT; (FINANCE) Finance Director Jim Koser stated the purpose of this constitutional amendment and the implementing legislation is to restrict growth of tax -funded programs and services by limiting the appropriations of the proceeds of taxes to the 1978-79 base year limit, as adjusted annually for changes in population and for changes in inflation. He said proceeds of taxes in excess of the appropriations limit, with some exceptions, must be returned to the taxpayers within two years by refund or reduction in tax rates unless extension of the limit is approved by majority popular vote. Mr. Koser noted according to the California State Controller's Office estimates, the population of Morro Bay increased by 2.11 percent between January 1, 1999 and January 1, 2000. He said Proposition 1 I requires that the local legislative body elect which factors to use in the Appropriation Limit calculations. Mr. Koser recommended the City Council adopt ® Resolution No. 35-00 establishing the Appropriations Limit for Fiscal Year 2000-2001 for the City of Morro Bay. Mayor Anderson opened the hearing for public comment; there were no comments and the public comment hearing was closed. MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 35-00 establishing the Appropriations Limit for Fiscal Year 2000-2001 for the City of Morro Bay. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) Mayor Anderson called for a break at 7:09 p.m.; the meeting resumed at 7:19 p.m. B-2 PRE -APPLICATION RECOMMENDATIONS FOR THE DUKE ENERGY POWER PLANT MODERNIZATION PLAN; (PUBLIC SERVICES) Public Services Director Greg Fuz and David Stone, Senior Project Manager of SAIC, reviewed the draft pre -application recommendations and proposed environmental thresholds of significance for the Duke Energy Power Plant modernization project. Mr. Fuz recommended the City Council receive the report and proposed project recommendations; conduct a public hearing; and continue this matter to the June 26, 2000 Council meeting to consider acceptance of the proposed project recommendations with any modifications that may be directed by the City Council. F MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 12, 2000 Mayor Anderson opened the hearing for public comment. Henrietta Groot stated an outside consultant who will take a broader look on the issues related to the Duke Energy modernization plan is needed to review alternatives. She said cooling water and biological issues need to be addressed. Betty Winholtz referred to the noise issue as related to the Duke Energy Power Plant, and said a penalty should be administered if the noise element is exceeded. She said a formal complaint format is needed for the processing of complaints received. Peter Wagner stated a sampling grid should be conducted in the bay to show the sedimentation created by the power plant. He said the in -take building is an unsightly visual impact and should be demolished and replaced with a smaller building with portable cranes. Jim Nance requested the City pursue the possibility of purchasing power from Duke ® Energy. 11 Melody DeMerritt addressed the Transportation Circulation Element portion of the Pre - Application Recommendations for the Duke Energy Power Plant Modernization Plan. Bonita Chumey stated there are two reports that have recently been made available to the public which may require a workshop to help clarify the issues raised in these reports. Ralph Conklin stated he lives near the power plant, and said Duke Energy is a good neighbor. Cathy Larson, Cal Poly student, reported on findings on the workshops recently held. Gary Johnson stated this issue has been going on too long, and requested the City get on with it. Bob Carr, APCD, reported on the maximum daily CO and NOx emissions by Year 2003. Jack Curry, representative of the Motel R Restaurant Association, read a statement of the Association in support of the Duke Energy Power Plant modernization project. 9 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 12, 2000 Shirley Fraser encouraged Council carefully consider all of the issues, noting single phasing demolition which would be less of an impact. She said consideration of moderate landscaping is important. Ms. Fraser stated emissions from the power plant is rusting her outdoor furniture. Richard Smith stated the workshops were not planned well for public input. Steve Goschke, Duke Energy Plant Manager, requested citizens who are experiencing impact from the power plant need to contact the plant so they can remedy the situation. Nancy Johnson stated she hosted a meeting in her home where Duke representatives discussed the proposed project. Andrew Hamp stated there are rust spots on his new truck created by the power plant. Mayor Anderson closed the public comment hearing. ® Councilmember Elliott stated the CEC process should be eliminated from the draft pre - application recommendations, and a more specific report should be provided addressing Morro Bay issues. Councilmember Crotzer stated this document will inform the CEC of the questions and concerns being raised by the community. Councilmember Peters stated Council should review the report and make any necessary revisions prior to it going before the CEC. Councilmember Peirce stated many hours have been spent in preparation of this report which he finds is complete and ready to be reviewed by the CEC. Mayor Anderson stated he would like staff to meet with Duke Energy staff to create a non -adversarial conclusion to report to Council and the CEC. He said the modernization of the power plant will be a great improvement in the City. Mayor Anderson stated the CEC should review and sort the issues. MOTION: Councilmember Crotzer moved the City Council continue this matter to the June 26, 2000 City Council meeting to consider acceptance of the ® proposed project recommendations with any modifications that may be directed by the City Council. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 12, 2000 Mayor Anderson called for a break at 9:19 p.m.; the meeting resumed at 9:34 p.m. B-3 RESOLUTION NO. 31-00 APPROVING THE ENGINEERS REPORT AND DECLARING THE INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) Recreation & Parks Director Andrea Locker stated as part of the annual assessment process, staff is required to provide an Engineer's Report, which is an estimate of costs for maintenance of the North Point Natural Area. She said the cost estimates are based on the maintenance standards currently adhered to in the existing parks within the City of Morro Bay and included in the Flat Rate Manual for Parks Maintenance, as well as maintenance costs from the current fiscal year. Ms. Locker stated the estimate for the maintenance of the North Point Natural Area is S5,645, or 5564.50 per parcel for Fiscal Year 2000/01. She recommended the City Council adopt Resolution No. 3 1 -00 approving the Engineer's Report and declaring the intent to levy the annual assessment for the North ® Point Natural Area Landscaping and Lighting Maintenance Assessment District. Mayor Anderson opened the hearing for public comment; there were no comments and the public comment hearing was closed. Councilmember Elliott stated he is opposed to assessment districts because city parks are enjoyed by citizens and visitors of Morro Bay, and its the City's duty to maintain these parks. MOTION: Councilmember Crotzer moved the City Council adopt Resolution No. 3 1 -00 approving the Engineer's Report and declaring the intent to levy the annual assessment for the North Point Natural Area Landscaping and Lighting Maintenance Assessment District. The motion was seconded by Councilmember Peters and carried with Councilmember Elliott voting no. (4-1) B-4 RESOLUTION NO. 32-00 APPROVING THE ENGINEERS REPORT AND DECLARING THE INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE CLOISTERS PARK AND OPEN SPACE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated as part of the annual assessment process, ® staff is required to provide an Engineer's Report, which is an estimate of costs for maintenance of the Cloisters Park and Open Space. She said the cost estimates are based on the maintenance standards currently adhered to in the existing parks within the City of Morro 10 ® MIi�UTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 12, 2000 Bay and included in the Flat Rate Manual for Parks Maintenance, as well as maintenance costs incurred to date. Ms. Lueker stated the estimate for the maintenance of the Cloisters Park and Open Space is S 148,944, or S 1,241.20 per parcel for Fiscal Year 2000/01. She recommended the City Council adopt Resolution No. 32-00 approving the Engineer's Report and declaring the intent to levy the annual assessment for the Cloisters Park and Open Space Landscaping and Lighting Maintenance Assessment District. Mayor Anderson opened the hearing for public comment. Carol Rathfon stated the Cloister's residents are required to pay more in assessment fees for this park than other assessment districts in the City. Carol Edwards addressed the lack of plant replacement in the subdivision. Mayor Anderson closed the public comment hearing. Councilmember Elliott stated he is opposed to assessment districts because city parks are ® enjoyed by citizens and visitors of Morro Bay, and its the City's duty to maintain these parks. Councilmember Crotzer stated there is a disclaimer in the CC&R's which provides for public access to the open space in this development. He also addressed the maintenance of the willows in the wetlands. Councilmember Peters stated the assessment district was formed after much discussion by City officials and the Coastal Commission. She said the residents in the Cloister's subdivision has ocean access which is a benefit. Councilmember Peters stated when the subdivision is built -out, the residents will have the option of forming their own assessment district which may be more cost effective. Councilmember Peirce stated the annual assessment fees were agreed upon when residents signed the agreement. He noted the maintenance fees are lower than what was expected. Mayor Anderson stated the property owners in the Cloisters' subdivision negotiated with the Coastal Commission to come up with the proposed assessment. E ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 12, 2000 MOTION: Councilmember Crotzer moved the City Council adopt Resolution No. 32-00 approving the Engineer's Report and declaring the intent to levy the annual assessment for the Cloisters Park and Open Space Landscaping and Lighting Maintenance Assessment District. The motion was seconded by Councilmember Peters and carried with Councilmember Elliott voting no. (4-1) MOTION: Councilmember Peters moved the City Council go beyond 11:00 p.m. in order to complete the agenda. The motion was seconded by Councilmember Elliott and carried with Councilmember Crotzer voting no. (4-1) C. UNFINISHED BUSINESS C-1 STATUS REPORT ON ADVISORY BALLOT MEASURE FOR THE DUKE ENERGY POWER PLANT MODERNIZATION PROJECT: (CITY ATTORNEY) ® City Attorney Robert Schultz stated the Elections Code permits the City to hold an advisory election for the purpose of enabling voters within the area to voice their opinions on an issue. He said in order to place such an advisory measure related to the Morro Bay Power Plant modernization project on the November 7, 2000 ballot, it is necessary for the City Council to adopt a resolution calling the general municipal election and request consolidation and administrative services from the County of San Luis Obispo; this resolution must include the exact form of the advisory measure and the ballot wording of the advisory measure. Mr. Schultz stated Section 9603 of the Elections Code allows cities to submit proposals to an advisory election to allow voters to voice their opinion on substantive issues or to indicate to the legislative body their approval or disapproval of the ballot proposal. He recommended the City Council review the information provided in the report, and direct staff accordingly. n LJ Councilmember Crotzer stated the proposed language is too simplistic for a project with the amount of complex issues that have been addressed. MOTION: Councilmember Elliott moved the City Council accept the language provided in the staff report as "Option 1" as language for the advisory vote to be placed on the November 7, 2000 general municipal election ballot. The motion was seconded by Councilmember Peirce and carried with Councilmember Crotzer and Councilmember Peters voting no. (3-2) 12 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 12, 2000 C-2 RECOMMENDATION TO DESIGNATE THE BUILDING AT 1055 MORRO AVENUE AS A YOUTH CENTER; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated MCIWorldCom and ATT have both indicated they will be donating S200,000 towards the effort of a youth center in Morro Bay..She said as a result, the Recreation & Parks Department and Recreation & Parks Commission have reviewed potential sites to locate a youth center. Ms. Lueker stated after a lengthy discussion, the Recreation & Parks Commission requested staff forward their recommendation to the City Council to designate the building at 1055 Morro Avenue as a youth center. She said staff further recommends the donated funds from ATT and MCI WorldCom be used in the following order and priority: 1) Acquisition of a facility; 2) design, remodel and repair of the facility; 3) furnishing and equipping the facility; and 4) programming for the facility. MOTION: Councilmember Crotzer moved the City Council approve the designated building located at 1055 Morro Avenue as a youth center. The motion ® was seconded by Councilmember Elliott and carried unanimously. (5-0) C-3 STATUS REPORT ON PARKING IN -LIEU FUNDS; (CITY ATTORNEY) City Attorney Robert Schultz stated the Parking In -Lieu Fund was established in 1989 to provide increased business opportunities along the community's waterfront. He said rather than providing on -site parking, owners were allowed the option to pay to the City a fee in the amount of S4,000 per required on -site parking space, thereby increasing the amount of area that could be developed for business purposes. Mr. Schultz stated monies accumulated in the fund are to be used solely for the purposes of improving public parking availability as the Municipal Code specifically states that Parking In -Lieu fees shall be used for planning, design, acquisition or lease of land and development/redevelopment of public parking facilities. He reported as of April 28, 2000, the Parking In -Lieu Fund had a cash on hand balance of S177,109.10. Mr. Schultz stated staff has continued to monitor and investigate potential parking lot parcels within the parking management plan area. He recommended the City Council receive the status report on Parking In -Lieu Funds, and direct staff accordingly. The City Council received the report, and requested staff actively pursue the location of parking sites in Morro Bay. ® No further action was taken on this item. 13 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 12, 2000 D. NEW BUSINESS D-1 DISCUSSION ON THE USE OF CITY TRANSPORTATION FOR THE 4TH OF JULY EVENT AT TIDELANDS PARK; (ADMINISTRATION) City Manager Robert Hendrix stated this item was brought forward as a future agenda item by Councilmember Peirce for the purpose of discussing the City's role in providing transportation in support of the annual fourth of July event. He reviewed the costs that would be involved, and noted that a decision on this particular issue may form general guidance for the City's actions in similar situations in the future. Mr. Hendrix stated assuming the City Council decides that the City should be involved, the Council will need to decide if the City should bear the financial cost for these special efforts. He requested the City Council review this issue, and direct staff accordingly. MOTION: Councilmember Elliott moved the City Council direct staff to prepare a routing schedule for the second trolley to be used for the 4th of July festivities. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) F. ADJOURNMENT The meeting adjourned at 11:50 p.m. Recorded by: Bridgett Bauer City Clerk 14 6 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Meeting on Monday June 5, 2000 at 6:00 p.m. to be held in the Community Center Multi Purpose Room, 1001 Kennedy Way, Morro Bay, California. The City Council will be reviewing the proposed Fiscal Year 2000/2001 Budget. DATED: May 26, 2000 i .• Baj�pr, City Clerk 11 MINUTES - MOP RO BAY CITY COUNCIL BUDGET WORKSHOP - JUNE 5, 2000; 6:00 P.M. COMMUNITY CENTER MULTI PURPOSE ROOM Mayor Anderson reconvened the meeting at 6:00 p.m. Finance Director Jim Koser gave an update on budget actions to date, and summary presentation of non -general fund budgets. The following action was taken by Council: MOTION: Councilmember Crotzer moved the City Council approve the increase of the appropriation in the streets maintenance budget by S 150,000 from new revenue. The motion was seconded by Councilmember Peters and carried with Councilmember Elliott voting no. (4-1) MOTION: Councilmember Peirce moved the City Council approve to appropriate an additional S 165,000 in the streets maintenance budget with funds to come from an increase in solid waste collection rates; the solid waste collection ® rates to be restructured and "inverted" to encourage recycling; and, the increase in the rates to be "passed through" to the general fund to offset the streets maintenance budget increase. The motion was seconded by Councilmember Elliott and carried with Councilmember Crotzer and Councilmember Peters voting no. (3-2) MOTION: Councilmember Peirce moved the City Council direct staff to bring back the budget resolution for adoption at the June 26, 2000 regular City Council meeting. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) The meeting adjourned at 8:30 p.m. I] ® NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Closed Session Meeting on Wednesday, May 31, 2000 at 5:00 p.m. to be held in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be considering: GOVERNMENT CODE SECTION 54956.9(,B): CONFERENCE WITH LEGAL COUNSEL REGARDING THREATENED LITIGATION. Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to hvo (2) matters. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION 1`11EETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. DATED: May 30, 2000 Bridgett BAer, City Clerk E Is NOTICE OF SPECIAL MEETINGS NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding Budget Workshops on Wednesday, May 24, 2000 at 6:00 p.m. and Thursday, June 1, 2000 at 6:00 p.m. to be held at the Veterans Memorial Building, 209 Surf Street, Morro Bay, California. The City Council will be reviewing the proposed budget for Fiscal Year 2000/2001. DATED: May 17, 2000 ® Bridgett uer, City Clerk ® MINUTES - MORRO BAY CITY COUNCIL BUDGET WORKSHOP - MAY 24, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m. Opening remarks were made by Mayor Anderson. Public comments were received on the budget by Bill Woodson, Moms McCurry and Robert Gannoshe. Presentation of the budget was made by Finance Director Jim Koser. The following action was taken by Council: MOTION: Councilmember Elliott moved the City Council approve the Visitor Center budget be increased by $24,500; that 55,000 be added to the amount provided to the Visitors and Conference Bureau contribution; and, an unspecified additional amount be added to the streets maintenance budget. ® The motion was seconded by Mayor Anderson. Council discussed the streets maintenance budget. VOTE: The motion failed with Mayor Anderson, Councilmember Crotzer, Councilmember Peirce and Councilmember Peters voting no. (1-4) MOTION: Councilmember Peters moved the City Council approve the Visitor Center budget be increased by S24,500. The motion was seconded by Councilmember Elliott and carried with Councilmember Crotzer voting no. (4-1) The City Council continued the budget workshop to June 5, 2000 at 6:00 p.m. at the Community Center Multi -Purpose Room. The meeting adjourned at 10:15 p.m. ® NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council and all Commissions and Advisory Boards will be holding the following Duke Energy Power Plant Pre -Application Workshops: Technical Expert Panel Discussion Thursday, May 11, 2000 from 6:00 p.m. - 9:00 p.m. City Issues Roundtable Discussion Saturday, May 13, 2000 from 10:00 a.m. - 2:00 p.m. City Issues Roundtable Discussion is Tuesday, May 16, 2000 from 5:00 p.m. - 8:00 p.m. All Workshops will take place at the Morro Bay Veterans' Memorial Building located at 209 Surf Street, Morro Bay, California. DATED: May 8, 2000 Bridgett B r, City Clerk City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - MAY 8, 2000 CLOSED SESSION - MAY 8, 2000 CITY HALL CONFERENCE ROOD? - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956.9(A): CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. City of Morro Bay v. Wong, San Luis Obispo Superior Court Case No. CV 980696. ® ADDED: CS-2 GOVERNMENT CODE SECTION 54956.9(B)• CONFERENCE WITH LEGAL COUNSEL REGARDING THREATENED LITIGATION. Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION -MAY 8, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ® THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT ® PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. ® A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF APRIL 24, 2000; (ADMINISTRATION) RECODIMENDATION: Approve minutes as submitted. A-2 APPROVAL TO CANCEL THE REGULARLY SCHEDULED CITY COUNCIL MEETING OF MAY 22, 2000; (ADMINISTRATION) RECOMMENDATION: Approve cancellation of May 22, 2000 Cite Council meeting. A-3 SET PUBLIC HEARING FOR PROPOSITION 4 LIMIT FOR FISCAL YEAR 2000-2001; (FINANCE) RECODINIENDATION: Set public hearing on the 2000/2001 appropriation limits for the proceeds of taxes for the City Council meeting of June 12, 2000. A-4 SETTLEMENT OF WORKERS COMPENSATION APPEALS BOARD NO. GRO 0021938 - MICHAEL SWEEN VS. CITY OF MORRO BAY IN THE AMOUNT OF $35,000; (ADMINISTRATION) ® RECOMMENDATION: Approve settlement of Workers Compensation Appeals Board claim with Michael Sween in the amount of $35,000. 2 ® A-5 RESOLUTION NO. 28-00 APPROVING PARTICIPATION IN REGIONAL COMMERCIAL RECYCLING EDUCATION PROGRAM; (ADMINISTRATION) RECOMNLENDATION: Adopt Resolution No. 28-00. A-6 RESOLUTION NO. 29-00 ADOPTING AMENDED PUBLIC WORKS ADVISORY BOARD BY-LAWS; (ADMINISTRATION) RECONIMENDATION: Adopt Resolution No. 29-00. A-7 PROCLAMATION DECLARING MAY 20-26, 2000 AS "NATIONAL SAFE BOATING WEEK'; (ADMINISTRATION) RECONIMENDATION: Adopt proclamation. A-8 PROCLAMATION IN RECOGNITION OF "POLICE MEMORIAL DAY" AND "POLICE MEMORIAL WEEK"; (ADMINISTRATION) RECONINIENDATION: Adopt proclamation. A-9 PROCLAMATION DECLARING JUNE 12 & 13, 2000 AS "SPECIAL ® OLYMPICS - LAW ENFORCEMENT TORCH RUN DAY", - (ADMINISTRATION) RECONIMENDATION: Adopt proclamation. B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 CONSIDERATION OF RECOMMENDATIONS TO REVISE CITY'S WATER ALLOCATION POLICIES; (PUBLIC SERVICES) RECOMMENDATION: Consider recommendations to revise the City's water allocation policies, and direct staff accordingly. C. UNFINISHED BUSINESS C-1 STATUS REPORT ON THE DUKE ENERGY PROJECT; (PUBLIC SERVICES) . RECOMMENDATION: Receive oral report for information. 3 D. NEW BUSINESS ® D-1 STATUS REPORT ON ADVISORY BALLOT MEASURE FOR THE DUKE MODERNIZATION PROJECT: (CITY ATTORNEY) RECOMMENDATION: Review advisory measure and ballot issues, and direct staff accordingly. E 11 D-2 RECOMMENDATION TO DESIGNATE THE BUILDING AT 1055 MORRO AVENUE AS A YOUTH CENTER; (RECREATION & PARKS) RECOMMENDATION: Consider staff and Recreation & Parks Commission recommendation to designate the building at 1055 Morro Avenue as a youth center. D-3 STATUS REPORT ON PARKING IN -LIEU FUNDS; (CITY ATTORNEY) RECOMMENDATION: Receive status report on Parking In -Lieu Fund, and direct staff accordingly. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. 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 AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. Id ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - MAY 8, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney MOTION: Councilmember Peters moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) ® Mayor Anderson read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.9(A)• CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. • City of Morro Bay v. Wong; San Luis Obispo Superior Court Case No. CV 980696. CS-2 GOVERNMENT CODE SECTION 54956 9(B)• CONFERENCE WITH LEGAL COUNSEL REGARDNG THREATENED LITIGATION. • Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:55 p.m. MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) The meeting adjourned at 5:55 p.m. 11 C E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 8, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Janeen Burlingame Rick Algert Greg Fuz Clyde Ganes Jeff Jones Jim Koser Lary Kraemer Joe Leven Andrea Lueker City Manager City Attorney City Clerk Administrative Assistant Harbor Director Public Services Director Building Official Fire Chief Finance Director City Engineer Police Chief Recreation & Parks Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session and no reportable action was taken. PUBLIC COMMENT Chuck Meissner stated the downtown business district is in need of more off-street parking. He said the parking area purchased by the City at 1055 Morro Avenue is too remote for parking purposes. Mr. Meissner recommended the City consider placing 20- 30 more off-street parking spaces on Main Street, restripe Main Street for bicycle lanes, and not allow parking on one side of the street. 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 8, 2000 Pam Soderback stated the effects of the Duke Energy Power Plant will negatively affect all citizens. She said Duke Energy's motive in the modernization plan is profit maximization. Jack Hansen requested the City and its citizens express opposition to Assembly Bill 2570. Andrew Hamp (owner of Bay Vue Trailer Park) and Priscilla Coe (owner of Sandpiper Motel) expressed opposition to the proposed youth center at 1055 Morro Avenue stating it is not compatible to this location. Lynda Merrill requested support for the youth center at 1055 Morro Avenue. Bill Jackson, representing the Estero Bay Youth Commission, stated a youth center is needed in this area. He said the Estero Bay Youth Task Force met and found the site on Morro Avenue suitable for this use. Mayor Anderson continued the public comment period at 7:00 p.m. in order to hear Item ® B-1 (Consideration of Recommendations to Revise the City's Water Allocation Policies). The public comment period continued at 9:26 p.m. Dannie Tope and Carolyn Macintosh addressed the need for more parking in the downtown business district. Ellen Sturtz addressed the upcoming workshops relating to the modernization plan for the Duke Energy power plant, and requested clarification on the structure of these workshops. Jim Wood stated the Harbor Advisory Board discussed AB 2570, and recommended the City Council send a letter in opposition. Ken Vesterfelt thanked those who assisted in the success of the Cruisin' Morro Bay Car Show. David Nelson stated the camera angles of the photographs of the proposed modernized power plant are not realistic. He also asked that materials presented to the City by Duke Energy should be made available to the public. ® Betty Winholtz stated the number of representatives on City advisory boards should be consistent. She also said consideration should be made to providing day care and transportation to the upcoming Duke Energy workshops. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 8, 2000 Steve Goschke, Duke Energy Power Plant Manager, reviewed a chart showing the production of the power plant over peak performance months. He said without the modernization of this plant, the existing units are well -maintained classics which will have a long presence in the community. Bob Cochran, Duke Energy, stated the upcoming workshops will help define issues with the intent to respond to the inquiries of residents interested in the modernization plan of the power plant. He said Duke Energy wants to be responsive to public needs. Jack McCurdy stated citizens should recognize that the majority of the City Council is in support of the modernization plan of the Duke Energy power plant. He said the Coastal Alliance looks at all angles searching for what is best for the environment and residents of Morro Bay. Pat O'Daniels thanked the City for repaving the downtown streets. He requested life -like ® images of the proposed plant modernization be made available for public review. Mr. O'Daniels also stated the proposed youth center should not be paid for with parking in - lieu fees. Harry Rogers stated the City should continue with the improvement of streets. He also said he does not agree with the chosen location for the youth center; however, it will be the activity that takes place that will make it successful. John Barta addressed the political nature of the motivation on the proposed power plant expansion. He also noted the property acquired by the City at 1055 Morro Avenue is not appropriate for parking. The following people representing the Chumash Native Americans addressed Council regarding their ancestors and sacred land in this area: Rhonda Vigil, Terren Collins, Diana Blian, Peggy Odum, Mark Vigil, Linda Morgan, Lalynn Odum and Regina (no last name). Bonnie Pierce stated she represents the Salinan Native Americans and addressed Council regarding their ancestors and sacred land in this area. John Birch expressed he was sorry that this public forum was used inappropriately by the ® Chumash and Salinan Native Americans. Mayor Anderson closed the public comment hearing. 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 8, 2000 DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peirce requested discussion on the use of City transportation for taking people from pre -determined destinations to the 4th of July festivities at Tidelands Park be agendized. Councilmember Peters requested Council support in placing an item on tonight's agenda relating to Assembly Bill 2570. MOTION: Councilmember Peters moved the City Council add an urgency item on tonight's agenda to.discuss Assembly Bill 2570. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) Harbor Director Rick Algert reviewed the content of Assembly Bill 2570 relating to gill net fishing. ® MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 30-00 in opposition to Assembly Bill 2570. The motion was seconded by Councilmember Peirce. Councilmember Crotzer recommended removing numbers 1 and 2 of the proposed resolution proposed by Councilmember Elliott. Councilmember Peirce called for the question. VOTE: The motion carried with Councilmember Crotzer voting no. (4-1) A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF APRIL 24, 2000; (ADMINISTRATION) RECOMMENDATION: Approve minutes as submitted. 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 8, 2000 A-2 APPROVAL TO CANCEL THE REGULARLY SCHEDULED CITY COUNCIL MEETING OF MAY 22, 2000; (ADMINISTRATION) RECOMNIENDATION: Approve cancellation of May 22, 2000 City Council meeting. A-3 SET PUBLIC HEARING FOR PROPOSITION 4 LIMIT FOR FISCAL YEAR 2000-2001; (FINANCE) RECOMNIENDATION: Set public hearing on the 2000/2001 appropriation limits for the proceeds of taxes for the City Council meeting of June 12, 2000. A-4 SETTLEMENT OF WORKERS COMPENSATION APPEALS BOARD NO. GRO 0021938 - MICHAEL SWEEN VS. CITY OF MORRO BAY IN THE AMOUNT OF S35,000; (ADMINISTRATION) ® RECONE MENDATION: Approve settlement of Workers Compensation Appeals Board claim with Nlichael Sween in the amount of $35,000. A-5 RESOLUTION NO. 28-00 APPROVING PARTICIPATION IN REGIONAL COMMERCIAL RECYCLING EDUCATION PROGRAM; (ADMINISTRATION) RECONIMENDATION: Adopt Resolution No. 28-00. A-6 RESOLUTION NO. 29-00 ADOPTING AMENDED PUBLIC WORKS ADVISORY BOARD BY-LAWS; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 29-00. A-7 PROCLAMATION DECLARING MAY 20-26, 2000 AS "NATIONAL SAFE BOATING WEEK'; (ADMNISTRATION) RECOI\7NIENDATION: Adopt proclamation. A-8 PROCLAMATION IN RECOGNITION OF "POLICE MEMORIAL DAY" AND "POLICE MEMORIAL WEEK"; (ADMNISTRATION) ® RECOMNIENDATION: Adopt proclamation. R ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 8, 2000 A-9 PROCLAMATION DECLARING JUNE 12 & 13, 2000 AS "SPECIAL OLYMPICS - LAW ENFORCEMENT TORCH RUN DAY": (ADMINISTRATION) RECOMD4ENDATION: Adopt proclamation. Councilmember Crotzer pulled Item A-2 from the Consent Calendar; Councilmember Peters pulled Item A-6. MOTION: Councilmember Crotzer moved the City Council approve the Consent Calendar with the exception of Items A-2 and A-6. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-2 APPROVAL TO CANCEL THE REGULARLY SCHEDULED CITY COUNCIL MEETING OF MAY 22, 2000 ® Councilmember Crotzer questioned the cancellation of the May 22, 2000 City Council meeting since there will be a quorum present. MOTION: Councilmember Elliott moved the City Council cancel the regularly scheduled City Council meeting of May 22, 2000 in order for two Council Members and staff to attend the City Action Day in Sacramento. The motion was seconded by Councilmember Peirce and carried with Councilmember Crotzer voting no. (4-1) A-6 RESOLUTION NO. 29-00 ADOPTING AMENDED PUBLIC WORKS ADVISORY BOARD BY-LAWS Councilmember Peters stated she strongly believes the Public Works Advisory Board should maintain a seven -member board. Councilmember Crotzer agreed due to the myriad of issues reviewed by the Public Works Advisory Board. Councilmember Elliott stated five members will accomplish more tasks. MOTION: Councilmember Peirce moved the City Council approve Item A-6 of the ® Consent Calendar. The motion was seconded by Councilmember Elliott and carried with Councilmember Crotzer and Councilmember Peters voting no. (3-2) 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 8, 2000 B-1 CONSIDERATION OF RECOMMENDATIONS TO REVISE CITY'S WATER ALLOCATION POLICIES; (PUBLIC SERVICES) Public Services Director Greg Fuz reviewed the City's present Water Allocation Policy, and recommendations made by the Planning Commission and Public Works Advisory Board concerning the policy for consideration by the City Council. He said staff has reviewed these recommendations with the City Attorney and formed an action plan to encourage the rapid completion of any remaining retrofits over the next year, and also to emphasize the importance of conservation as a primary goal for the City by adoption of a new water conservation ordinance and update of the Water Management Plan and related Capital Improvement Program. City Engineer Larry Kraemer and Building Official Clyde Ganes reviewed the retrofit ® program statistics, including schools in the San Luis Unified School District. City Attorney Robert Schultz stated the school district is agreeable to retrofit Morro Bay High School. Mayor Anderson called for a break at 7:45 p.m.; the meeting resumed at 8:00 p.m. Mayor Anderson opened the hearing for public comment. Dennis Capria, The Toilet Man, stated the retrofit program should end this year unless 3.5 gallon toilets are retrofitted. John Barta stated the City has ample water with state water and conservation measures. He said the present retrofit policy is inadequate with few retrofits remaining. Mr. Barta said the high school will retrofit for conservation measures only, and should not be included in the City's retrofit program. Harry Rogers stated water supplies are adequate and the retrofit program has run its course. He said vacant lot owners pay impact fees when purchasing their lot, and should not have to pay another fee when submitting for a building permit. ® Steve Semons requested the City Council make a decision so property owners who want to build can move ahead with their plans. 9 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 8, 2000 Mayor Anderson closed the public comment hearing. Councilmember Peirce stated it is appropriate to allocate state water for new development. He said he supports mandatory retrofit while they are available, and then allocate state water, and continue urging conservation. Councilmember Peirce stated property owners who want to build a home already pay fees, and should not have to pay another tax fee. Councilmember Peters stated she supports mandatory retrofit of toilets with a deadline set, and then allocate state water with conservation being the primary goal. Councilmember Crotzer stated the remedy which seems most reasonable is by charging an impact fee for building to assist with the infrastructure. He said Morro Bay should become more dense to protect surrounding agricultural land. Councilmember Crotzer stated he does not support current citizens to pay for an increased population. ® Councilmember Elliott stated the retrofit program should not be used as a marketable profit. He said there is more than enough ground water and with state water there should be little concern of ample water supply. Councilmember Elliott stated charging an impact fee is another tax which is not appropriate. Mayor Anderson stated Morro Bay is in the best position for water in the County with the retrofit program, desalination plant and state water. He said he would like the retrofit program to end by December 2000. Mayor Anderson stated it should be mandatory upon the sale of a house that they have low -flow toilets prior to the close of escrow. He requested staff poll other municipalities regarding their building impact fees. MOTION: Councilmember Elliott moved the City Council: 1) direct staff to end the retrofit program by the end of December 31, 2000; 2) agendize the review of Section 13.20 of the Morro Bay Municipal Code by the end of November 2000; 3) make recommendations on Planning & Building fees; and 4) provide alternatives for new mandatory retrofit regulations and alternatives for retrofitting 3.5 gallon toilets. The motion was seconded by Councilmember Peirce and carried with Councilmember Crotzer voting no. (4-1) Mayor Anderson called for a break at 9:15 p.m.; the meeting resumed 9:26 p.m. W ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY & 2000 C. UNFINISHED BUSINESS C-1 STATUS REPORT ON THE DUKE ENERGY PROJECT; (PUBLIC SERVICES) Public Services Director Greg Fuz reviewed the status of the Duke Energy Modernization Project, and announced the upcoming public workshops. Councilmember Crotzer stated he would like to see the implementation of newer technology which will not be detrimental to life on earth. No action was taken on this item. D. NEW BUSINESS D-1 STATUS REPORT ON ADVISORY BALLOT MEASURE FOR THE DUKE ® MODERNIZATION PROJECT; (CITY ATTORNEY) City Attorney Robert Schultz stated the Elections Code permits the City to hold an advisory election for the purpose of enabling voters within the area to voice their opinions on an issue. He said in order to place such an advisory measure related to the Morro Bay Power Plant modernization project on the November 7, 2000 ballot, it is necessary for the City Council to approve a resolution calling an advisory election. Councilmember Crotzer expressed concern with placing an advisory vote on the ballot regarding the replacement and modernization of the power plant. He said most people will be in favor of regulatory environmental guidelines, however,. it should refer to statutes. MOTION: Councilmember Peters moved the City Council go beyond 11:00 p.m. in order to complete the agenda. The motion was seconded by Mayor Anderson and failed with Councilmember Crotzer, Councilmember Elliott, and Councilmember Peirce voting no. (2-3) This item was continued to the June 12, 2000 City Council meeting. E 10 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 8, 2000 D-2 RECOMMENDATION TO DESIGNATE THE BUILDING AT 1055 MORRO AVENUE AS A YOUTH CENTER; (RECREATION & PARKS) This item was continued to the June 12, 2000 City Council meeting. D-3 STATUS REPORT ON PARKING IN -LIEU FUNDS; (CITY ATTORNEY) This item was continued to the June 12, 2000 City Council meeting. F. ADJOURNMENT The meeting adjourned at 11:02 p.m. Recorded by: ® \�) U "A,tkk"L� Bridgett Bauer City Clerk , � City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public REGULAR MEETING - APRIL 24, 2000 CLOSED SESSION - APRIL 24, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR STREET, MORRO BAY, CA ® CS-1 GOVERNMENT CODE SECTION 54956.9(A); CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. STATUS REPORT ON ALL PENDING LITIGATION. This is a report on status and no action may be taken on any matter not specifically listed. Council may request a specific matter be agendized in the future for action. CS-2 GOVERNNIENT CODE SECTION 54956 8• REAL PROPERTY TRANSACTIONS. Instructing the City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to four (4) parcels: Property: 570 Dunes Street Negotiating Parties: Cortella and the City of Morro Bay Negotiations: Voluntary Purchase and Sale Property: 552 Dunes Street Negotiating Parties: Lipe and the City of Morro Bay Negotiations: Voluntary Purchase and Sale • Property: 505 Harbor Street ® Negotiating Parties: Urquhart and the City of Morro Bay Negotiations: Voluntary Purchase and Sale • Pr e : 525 Harbor Street Negotiating Parties: Udell and the City of Morro Bay Negotiations: Voluntary Purchase and Sale ADDED CS-3 GOVERNMENT CODE SECTION 54956.7; PERSONNEL ISSUES. Discussions regarding a personnel issues including settlement of WCAB No. GRO 0021938, Michael Sween IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION - APRIL 24, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ® ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks ® against any elected official, commission and/or staff. 2 COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF APRIL 10, 2000; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT - MARCH 2O00; (FINANCE) RECOMMENDATION: Receive report for information. A-3 EXPENDITURE REPORT - MARCH 2O00; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 27-00 AUTHORIZING THE CITY MANAGER TO SIGN LEASE AGREEMENT AND ACCEPT GRANT FOR TWO ELECTRIC VEHICLES; (FINANCE) RECOMMENDATION: Adopt Resolution No. 27-00 which authorizes the execution of a lease for two electric vehicles and appropriates the funds from the General Fund. A-5 RESOLUTION NO. 26-00 IN SUPPORT OF THE COLMER/CARATAN REZONE REQUEST TO THE CALIFORNIA COASTAL COMMISSION; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 26-00. A-6 PROCLAMATION DECLARING MAY 2000 AS THE "MONTH OF THE VOLUNTEER'; (RECREATION & PARKS) RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS REPORTS & APPEARANCES - NONE. C. UNFINISHED BUSINESS ® C-1 RESOLUTION NO. 25-00 APPROVING RECYCLING CONTRACT WITH RALCCO RECYCLING; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 25-00. 3 Q_j C-2 STATUS REPORT ON THE DUKE ENERGY MODERNIZATION PROJECT: (PUBLIC SERVICES) RECOMMENDATION: C-3 STATUS REPORT SERVICE) Receive report for information. ON WATER ALLOCATION POLICY: (PUBLIC RECOMMENDATION: Receive report for information. C-4 REPORT ON THE LEAGUE OF CALIFORNIA CITIES "CITY ACTION DAY" IN SACRAMENTO ON MAY 22-23, 2000; (ADMINISTRATION) RECOMMENDATION: Receive report and direct staff accordingly. D. NEW BUSINESS D-1 REVIEW OF PUBLIC WORKS ADVISORY BOARD BY-LAWS: (ADMINISTRATION) RECODINIENDATION: Receive report and direct staff accordingly. D-2 STATUS REPORT ON PENDING LITIGATION ISSUES; (CITY ATTORNEY) RECOMMENDATION: Receive report for information. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. 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 AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING; PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 4 ®Propert : 525 Harbor Street Negotiating Parties: Udell and the City of Morro Bay Negotiations: Voluntary Purchase and Sale CS-3 GOVERNMENT CODE SECTION 54956 7; PERSONNEL ISSUES. Discussions regarding a personnel issues including settlement of WCAB No. GRO 0021938, Michael Sween. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Elliott moved the meeting be adjourned. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney Bridgett Bauer City Clerk Jeff Jones Fire Chief Jim Koser Finance Director Larry Kraemer Civil Engineer Joe Loven Police Chief Andrea Lueker Recreation & Parks Director 0A ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 2000 ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and stated no reportable action was taken. PUBLIC COMMENT Ric Deschler addressed Item D-1 (Review of Public Works Advisory Board By -Laws) stating he is opposed to changing the membership to five members. Roger Ewing addressed Item C-1 (Resolution No. 25-00 Approving Recycling Contract with RALCCO Recycling) stating better communication would be helpful in maintaining a good working relationship with RALCCO. ® Jack McCurdy stated more than 1,000 signatures have been collected on petitions relating to a proposed initiative to allow the citizens to vote on a required amendment to the City's Land Use Plan for expansion of the Morro Bay Power Plant. He reviewed past citizen initiatives which allowed the vote of the people on major decisions which would directly affect them and promote a democratic process. David Nelson requested donations for the "Morro Bay Neighbors" organization to assist in the initiative relating to the amendment to the City's Land Use Plan for expansion of the Morro Bay Power Plant. Ellen Sturtz stated the times and dates of the proposed workshops on the Duke Energy Power Plant Modernization Plan should be reconsidered in order to allow more public participation. She also requested the opportunity to air the Coastal Alliance meetings on Channel 54. Mark Seedhall, Director of Duke Energy's Project, reviewed data on the production of electrical power throughout California, and noted there is an increasing demand for power in this State. Fayla Chapman, Director of Pirate Recycling at Morro Bay High School, reviewed the ® recycling program at the high school, and said this beneficial program will end if the City drops this educational fund from the contract. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 2000 Bonita Churney reviewed alternative plans for the development of the Duke Energy power plant site. She said it should be questioned if the power plant stacks remain, will they pose a risk to the public health or harm to the environment or public safety. Nelson Sullivan addressed Item C-3 (Status Report on Water Allocation Policy) stating the City has no idea of how much water is available from the water wells from Chorro Creek or Morro Creek basins. He discussed the poor condition of the meters that measure the amount of water pumped through the wells. Doris Murray stated while collecting signatures on the initiative petition regarding the Duke Energy power plant, she was asked if the non -binding agreement is maintained if the plant is sold. Roy McClury addressed Item C-3 and requested the City Council continue this item as a public hearing to receive public input, and then make a decision on the water allocation policy. ® John Barta addressed Item C-3 stating this item should have been publicized. He said although it is a status report there is recommendation to take action. Mr. Barta stated the figures in the report are unbelievable and need to be recalculated. He requested this item be continued as a public hearing. Lynda Merrill expressed concern with the graphics shown of the proposed plan for the Duke Energy Power Plant. She recommended a scaled model be built in order to view what the project will look like. Bob Cochran, Project Manager for Duke Energy Morro Bay, reviewed comparisons of the Morro Bay Modernization Plan with other power plants around the country. Melody DeMerritt stated the Air Pollution Control District confirmed the existing power plant was operating 26% more last year than the year before, and this year it is running 36% over the last year. She said when Duke Energy goes before the California Energy Commission, they will need to show pollution credits. Bill Olson addressed Item C-3 requesting it be agendized as a public hearing. Hank Roth announced the Morro Bay Neighborhood Watch Program will be holding its ® annual garage sale on Saturday, May 6th as a benefit for this program. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 2000 John Parker stated he has a PhD in archaeology, and was requested to inventory and document cultural resources on the Duke Energy property and provide analysis and alternatives which will protect those resources during the modernization process of the power plant. He said as well as cultural resource concerns, there are also native American concerns which should be addressed. Danny Tope, owner of H.J. Saloon, expressed concern with downtown parking. Mayor Anderson closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peirce requested a report on the legislation distributing sales tax revenues based on population be agendized. Councilmember Peters requested the consideration to expand the downtown ® beautification project be agendized. Councilmember Crotzer requested the discussion of mandatory recycling for commercial use and construction demolition recycling be agendized. Councilmember Elliott pledged S500 split between Morro Bay High School and Morro Elementary School for their educational recycling programs from his discretionary funds. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF APRIL 10, 2000; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH K INVESTMENT REPORT - MARCH 2O00; (FINANCE) RECOMMENDATION: Receive report for information. E 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 2000 A-3 EXPENDITURE REPORT - MARCH 2O00; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 27-00 AUTHORIZING THE CITY MANAGER TO SIGN LEASE AGREEMENT AND ACCEPT GRANT FOR TWO ELECTRIC VEHICLES; (FINANCE) RECOM IENDATION: Adopt Resolution No. 27-00 which authorizes the execution of a lease for two electric vehicles and appropriates the funds from the General Fund. A-5 RESOLUTION NO. 26-00 IN SUPPORT OF THE COLMER/CARATAN REZONE REQUEST TO THE CALIFORNIA COASTAL COMMISSION; (PUBLIC SERVICES) ® RECODIMENDATION: Adopt Resolution No. 26-00. A-6 PROCLAMATION DECLARING MAY 2000 AS THE "MONTH OF THE VOLUNTEER'; (RECREATION & PARKS) RECOMMENDATION: Adopt Proclamation. Councilmember Elliott pulled Item A-3 from the Consent Calendar; Councilmember Peters pulled Items A-5 and A-6. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Items A-3, A-5, and A-6. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-3 EXPENDITURE REPORT - MARCH 2O00; (FINANCE) Councilmember Elliott stated there are questionable purchases listed on the report, and the City should be more aware of where the money is being spent. MOTION: Councilmember Elliott moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Peirce ® and carried unanimously. (5-0) :I ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 2000 A-5 RESOLUTION NO. 26-00 IN SUPPORT OF THE COLMER/CARATAN REZONE REQUEST TO THE CALIFORNIA COASTAL COMMISSION; (PUBLIC SERVICES) Councilmember Peters stated she met with Tammy Grove of the California Coastal Commission regarding the Colmer/Caratan project in order to keep communication open between the City and the Coastal Commission. She said it would be a good idea to invite the Coastal Commission and/or their staff to visit Morro Bay in order to familiarize them with Morro Bay and understand the issues facing our City. Mayor Anderson stated Greg Hart, Coastal Commission representative for Morro Bay, was in Morro Bay and visited the Colmer/Caratan site. Councilmember Crotzer stated he would like to obtain a better relationship with the Coastal Commission by communicating in a positive manner. He noted the roosting habitat has never been re-established since the removal of trees from this site in 1984. ® MOTION: Councilmember Peters moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-6 PROCLAMATION DECLARING MAY 2000 AS THE "MONTH OF THE VOLUNTEER'; (RECREATION & PARKS) Councilmember Peters announced this proclamation for public information and to thank all the volunteers of the City of Morro Bay for their efforts. MOTION: Councilmember Peters moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) B. PUBLIC HEARINGS, REPORTS & APPEARANCES - NONE. C. UNFINISHED BUSINESS C-1 RESOLUTION NO. 25-00 APPROVING RECYCLING CONTRACT WITH RALCCO RECYCLING; (ADMINISTRATION) ® City Manager Robert Hendrix stated as of April 20, 2000, staff received a written response from RALCCO Recycling regarding issues they have with the proposed 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 2000 agreement. Mr. Hendrix recommended the City Council approve a one month extension of the existing Curbside Recycling Franchise Agreement (CRFA) with the existing compensation of 57,024.50; and provide additional direction regarding the non -agreement issues. City Attorney Robert Schultz reviewed the issues raised by RALCCO Recycling regarding the CRFA. Greg Shipley, representing RALCCO Recycling, stated he would like to start out with a new contract on better terms. He said RALCCO would like definitions on what is recyclable, and what are liquidating damages. Mr. Shipley stated RALCCO believes strongly in education through video, web site, and donation of computers to the library. He said he knows nothing about the mechanism of the 525,000 scholarship fund. Councilmember Crotzer stated the requested time extension is reasonable. He said he is pro -active to have staff work positively with RALCCO until the contract ends. He noted ® he is critical about the educational component which RALCCO did not fulfill. Councilmember Crotzer stated funding for Morro Bay High School Pirate Recycling is necessary, but should not be a part of this contract and perhaps could be distributed as a pass -through fee. Councilmember Elliott stated this service is a tax paid by the citizens, and the money should be distributed by the City for programs such as education. Councilmember Peters stated failure of communication is frustrating, and too many questions of the City have gone unanswered by RALCCO. She questioned the viability of this business. Councilmember Peters expressed the importance of maintaining the educational funding for Morro Bay High School Pirate Recycling. Councilmember Peirce stated the marketing and education issues should allow some flexibility. He stated RALCCO is not capable and should not be responsible for managing funds for educational grants. Councilmember Peirce stated the City should have a method of guarantee of what is acceptable relating to insurance and financial responsibilities. Mayor Anderson stated the funds are due to Morro Bay High School Pirate Recycling as an educational incentive. He said regardless of profit, all recyclables should be picked ® up. 9 - MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 2000 MOTION: Councilmember Crotzer moved the City Council approve to include an educational component to the solid waste recycling contract for this interim period of 14 months as a pass -through fee not to exceed S5,000, with City staff to work with RALCCO Recycling to design the educational components. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0). MOTION: Councilmember Crotzer moved the City Council approve and set aside S10,000 savings as a dedicated fund for Morro Bay schools recycling programs up to April 2001. The motion was seconded by Councilmember Elliott and carried with Councilmember Peters and Councilmember Peirce voting no. (3-2) MOTION: Councilmember Peters moved the City Council request RALCCO Recycling provide information on accounting relating to educational funding. The motion was seconded by Mayor Anderson and failed with Councilmember Crotzer; Councilmember Elliott and Councilmember Peirce voting no. (2-3) Mayor Anderson called for a break at 9:00 p.m.; the meeting resumed at 9:17 p.m. C-2 STATUS REPORT ON THE DUKE ENERGY MODERNIZATION PROJECT: (PUBLIC SERVICES) City Manager Robert Hendrix introduced David Stone from SAIC who reviewed the status on the pre -application review of the Duke Energy Power Plant Project. Consensus of the City Council was to set times for the upcoming workshops as follows: 1) weekday workshops to begin at 5:00 p.m.; and 2) weekend workshops to begin at 10:00 a.m. No further action was taken on this item. C-3 STATUS REPORT ON WATER ALLOCATION POLICY; (PUBLIC SERVICE) MOTION: Councilmember Elliott moved the City Council continue the Report on the ® City's Water Allocation Policy as a public hearing to the May 8, 2000 City Council meeting. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24, 2000 C-4 REPORT ON THE LEAGUE OF CALIFORNIA CITIES "CITY ACTION DAY" IN SACRAMENTO ON MAY 22-23, 2000; (ADMINISTRATION) City Manager Robert Hendrix recommended the City Council consider sending members of the Council to participate in the League of California Cities "City Action Day" in Sacramento on May 22-23, 2000. He said the League activities will provide an opportunity for local officials to get a briefing on the issues and to meet directly with legislators on the important issue of local government finance. Mr. Hendrix also said there may be an additional opportunity beyond the League effort to make contact with the California Energy Commission staff and to get a briefing on the process that the Duke Energy Morro Bay Power Plant Modernization Project will follow before that body. He stated participation in these activities in Sacramento may require the regular City Council meeting of May 22, 2000 to be canceled or rescheduled. Consensus of the City Council was to cancel the regularly scheduled City Council ® meeting of May 22, 2000 in order for Councilmember Peters, Councilmember Peirce, and City Manager Robert Hendrix to attend the "City Action Day in Sacramento. No further action was taken on this item. D. NEW BUSINESS D-1 REVIEW OF PUBLIC WORKS ADVISORY BOARD BY-LAWS; (ADMINISTRATION) City Manager Robert Hendrix reviewed the current Public Works Advisory Board by- laws and recommended the following amendments: 1) require City of Morro Bay residency; 2) reduce the number of board members to five; 3) use more general language to describe the time and location of the regular meetings; 4) amend by-laws to provide for a voting Chair and Vice -Chair; and 5) direct staff to prepare amended by-laws for Council approval by resolution. The City Council agreed on amending the following by-laws: the board members must be City residents; use more general language to describe the time and location of the regular meetings; and amend by-laws to provide for a voting Chair and Vice -Chair. ® The Mayor polled Council as to reducing the number of members on the Board to five, and the results were as follows: Councilmember Elliott, Councilmember Peirce, and Mayor Anderson voted to amend the members serving on the Public Works Advisory 10 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 24. 2000 Board to five in order to accomplish more; and Councilmember Crotzer and Councilmember Peters voted to maintain a seven member Board due to the myriad of issues they consider. MOTION: Councilmember Peters moved the City Council go beyond 11:00 p.m. The motion was seconded by Mayor Anderson and carried with Councilmember Crotzer and Councilmember Peirce voting no. (3-2) MOTION: Councilmember Peirce moved the City Council approve the following amendments to the Public Works Advisory Board by-laws: 1) Require City of Morro Bay residency; 2) Reduce the number of Board members to five; 3) Use more general language to describe the time and location of the regular meetings; 4) Amend by-laws to provide for a voting Chair and Vice -Chair; and 5) Direct staff to prepare amended by-laws for Council approval by resolution. The motion was seconded by Councilmember Elliott and carried with Councilmember Crotzer and Councilmember ® Peters voting no. (3-2) D-2 STATUS REPORT ON PENDING LITIGATION ISSUES: (CITY ATTORNEY) This item was continued to a future City Council meeting. F. ADJOURNMENT The meeting adjourned at 11:05 p.m. Recorded by: Bridgett Bauer City Clerk 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR i\IEETING - APRIL 10, 2000 CLOSED SESSION - APRIL 10, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY ® TRANSACTIONS. Instructing the City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to two (2) parcels: Property: 1055 Morro Avenue. Negotiating Parties: First Church of Christ, Scientist and City of Morro Bay. Negotiations: Voluntary Purchase and Sale. Property: 590 Morro Bay Boulevard Negotiating Parties: Vandria Dorland and City of Morro Bay. Negotiations: Voluntary Lease. CS-2 GOVERNi17ENT CODE SECTION 54956.9(B); CONFERENCE WITH LEGAL COUNSEL DUE TO SIGNIFICANT EXPOSURE TO LITIGATION. Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS If ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION - APRIL 10, 2000 VETERANS MEMORIAL HALL - 6:00 PAI. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS R PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three e minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF MARCH 27, 2000; (ADMINISTRATION) RECOMMENDATION: Approve minutes as submitted. A-2 RESOLUTION NO. 22-00 AUTHORIZING GRANT APPLICATION FOR BOAT LAUNCH RAMP REPAIR AND REPAVING; (HARBOR) tRECOi•ti\IENDATION: Adopt Resolution No. 22-00. 7 ® A-3 RESOLUTION NO. 23-00 APPROVING LEASE AMENDMENT FOR LEASE AGREEMENT ON LEASE SITE 87-88/87W-88W - LEAGE; (HARBOR) RECOiN1MENDATION: Adopt Resolution No. 23-00. A-4 RESOLUTION NO. 24-00 APPROVING A THREE-YEAR LEASE AGREEMENT FOR LEASE SITE 129W-132W - CITY DOCK; (HARBOR) RECO\9i\9ENDATION: Adopt Resolution No. 24-00. A-5 RESOLUTION NO. 21-00 APPROVING PREFERRED ALTERNATIVE FOR MORRO BAY BOULEVARD/QUINTANA ROAD INTERSECTION IMPROVEMENTS; (PUBLIC SERVICES) RECOiMNIENDATION: Adopt Resolution No. 21-00. A-6 RESOLUTION NO. 20-00 AMENDING THE COMMUNITY PROMOTIONS COMMITTEE BY-LAWS; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 20-00. ® A-7 PROCLAMATION DECLARING APRIL 2000 AS "ALCOHOL AWARENESS MONTH'; (ADMINISTRATION) RECOMi\1ENDATION: Adopt the Proclamation. A-8 AUTHORIZATION TO EXECUTE A TWO-YEAR LEASE AGREEMENT FOR THE PUBLIC SERVICES BUILDING AT 590 MORRO BAY BOULEVARD; (CITY ATTORNEY) RECOMMENDATION: Authorize the City Manager to execute a two-year lease agreement for the Public Services Building located at 590 Morro Bay Boulevard. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 RESOLUTION NO. 18-00 DIRECTING THE PREPARATION OF AN ENGINEERS REPORT FOR THE LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LIGHTING AND LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION AND PARKS) RECOMMENDATION: Adopt Resolution No. 18-00. L] 3 B-2 RESOLUTION NO. 19-00 DIRECTING THE PREPARATION OF AN ENGINEERS REPORT FOR THE LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTER'S PARK AND OPEN SPACE LIGHTING AND LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION AND PARKS) RECOi\IMENDATION: Adopt Resolution No. 19-00. C. UNFINISHED BUSINESS C-I CONSIDERATION OF RECYCLING AND GREEN WASTE SERVICES AND AWARD OF CONTRACT; (ADMINISTRATION) RECONI IENDATION: Review the cost proposals from Morro Bay Garbage Service and RALCCO Recycling; select the preferred option and award a contract. C-2 STATUS REPORT ON THE DUKE ENERGY PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Receive report for information. D. NEW BUSINESS ® D-I REPORT ON THE LEAGUE OF CALIFORNIA CITIES "CITY ACTION DAY" IN SACRAMENTO ON MAY 22-23, 2000; (ADMINISTRATION) RECON NIENDATION: Receive report and direct staff accordingly. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDNIENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. 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 AT CITY HALL. LIBRARY. AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 4 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - APRIL 10, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Crotzer moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) ® Mayor Anderson read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.8. REAL PROPERTY TRANSACTIONS. Instructing the City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to two (2) parcels: a) Pro e�rtX: 1055 Morro Avenue. Negotiating Parties: First Church of Christ, Scientist and City of Morro Bay. Negotiations: Voluntary Purchase and Sale. b) Propert : 590 Morro Bay Boulevard Negotiating Parties: Vandria Dorland and City of Morro Bay. Negotiations: Voluntary Lease. Councilmember Peters exited the meeting due to a conflict of interest on Item CS- 1(a). CS-2 GOVERNMENT CODE SECTION 54956 9(B3; CONFERENCE WITH LEGAL COUNSEL DUE TO SIGNIFICANT EXPOSURE TO LITIGATION. Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at ® 5:45 p.m. 11 u E MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Peirce and carried with Councilmember Peters absent. (4-0-1) The meeting adjourned at 5:45 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Janeen Burlingame Rick Algert Greg Fuz Jeff Jones Jim Koser Joe Loven Andrea Lueker City Manager City Attorney City Clerk Administrative Assistant Harbor Director Public Services Director Fire Chief Finance Director Police Chief Recreation & Parks Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session and no reportable action was taken. PUBLIC COMMENT Robert Davis thanked staff for maintaining the bike path from Morro Bay High School to Quintana Road during the winter storms in order to keep it open. 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 2000 Darrel Brady stated based on Duke Energy's published figure of water consumption from the bay, the power plant is using more water in a day than the bay can hold. He said this amount of water will cause damage to the ecosystem in the bay, and an economic impact due to the sedimentation added to the bay. Roger Ewing addressed Item C-1 (Consideration of Recycling and Green Waste Services and Award of Contract) and requested Council keep in mind what will best serve the citizens. He said he is opposed to rate increases being absorbed in the rate payers water bills. Mr. Ewing urged Council to maintain the City's recycling services with RALCCO Recycling, and noted the importance of education of how to recycle. Nancy Bast addressed Item C-1 stating this item should be agendized as a public hearing. She said Mono Bay's reported recycled tonnage pick-up is 50% of solid waste. Ms. Bast stated when comparing costs for weekly green waste pick-up, Mono Bay Garbage Service provides for three can pick-up compared to RALCCO's six can pick-up. She said RALCCO offers a more comprehensive and versatile service at a lower cost. ® Randall Boatac stated what the City has done to the Salinan People is a shame by selling their land to the Duke Energy Power Plant. Betty Forsythe, representing Mono Bay Friends of the Library, stated the week of April 9 - 15, 2000 is "National Library Week". She reviewed events that will be taking place during that week. Tina Metzger presented a plant and thanked those who planted trees and plants around the Duke Energy Power Plant. Barbara Playan addressed Item C-I and requested Council not approve rate increases. She also addressed the proposed roundabout at Mono Bay Boulevard and Quintana Road and said it will be too difficult for people to adjust to entering this intersection. Ms. Playan also noted the importance of psychological testing in local public schools. Dick Sylvester requested the City's support in opposition to Assemblyman Maldonado's legislature (AB 2570) regarding the gill net ban to save sea otters. Jack Hanson also expressed opposition to AB 2570. Bob Can, representative of the Air Pollution Control District, reported on the efforts made ® by the APCD relating to the Duke Energy Modernization Project. Danny Tope addressed the lack of parking in the downtown business area. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 2000 Lynda Merrill addressed Item C-1 requesting Council support in maintaining RALCCO Recycling services. She also expressed the need for road repair in North Morro Bay. Ms. Merrill stated the graphics provided by Duke Energy of the modernization project are not clear on what the plant is going to look like in the future. David Nelson showed a picture of a power plant in Bridgeport, Connecticut which is to look similar to the plan proposed for the Duke Energy power plant in Morro Bay. He referred to a report that states there are 20-26 sites at the power plant where pollutant chemicals have been found. Mr. Nelson stated a noise ordinance 'should be implemented to govern the noise produced by the power plant. Mark Seedhall, Duke Energy, stated the picture shown by Mr. Nelson is not similar to the proposed plan for the Morro Bay power plant. He reviewed charts on use demands of the Duke Energy power plant in Morro Bay. ® Tom Laurie addressed the negative effects of the estuary which will be created by the proposed modernization plan by Duke Energy. Monique Nelson stated it is noted on the internet that the proposed plan for the Morro Bay power plant is similar to the Bridgeport, Connecticut plant. Jack McCurdy stated a citizen's initiative has been filed and petitions are being circulated to allow the vote of the citizens on the proposed modernization of the Duke Energy power plant. He requested donations be made to the Morro Bay Neighbors regarding this initiative. Nelson Sullivan requested support for the initiative which petitions are currently being circulated regarding the Duke Energy power plant. Bonita Chumey stated there are three alternatives regarding the power plant: maintain the old plant, modernize the old plant, or have no plant located in Morro Bay. She said it is premature to know what pollutants will be caused by a modernized plant; however, with the proposed lower stacks, the pollutants will be floating lower and into the community. Patty Dunton stated the land which the power plant sits should be returned to the ancestors of the Salinan People. She said this land should be returned to its original state by removing the damage caused to their ancient and cultural sites. Ms. Dunton stated she has no respect ® for a corporation who will cut down rain forests to produce energy such as Duke Energy has done. Fl MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 2000 Ellen Sturtz asked questions about the status report provided on the Duke Energy power plant. She referred to workshops that are scheduled to review the plant expansion and noted there is a lot of material to review within three workshops. Mayor Anderson closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS Mayor Anderson requested an update on the parking in -lieu funds, and the use of these funds. Councilmember Elliott requested a resolution in opposition to AB 2570 regarding the gill net ban. He also requested a report on the City's policy on bid processing and local purchases. Councilmember Peirce requested the review of the Public Works Advisory Board By -Laws. ® Mayor Anderson called for a break at 8:10 p.m.; the meeting resumed at 8:20 p.m. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF MARCH 27, 2000; (ADMINISTRATION) RECONINIENDATION: Approve minutes as submitted. A-2 RESOLUTION NO. 22-00 AUTHORIZING GRANT APPLICATION FOR BOAT LAUNCH RAMP REPAIR AND REPAVING; (HARBOR) RECOMMENDATION: Adopt Resolution No. 22-00. A-3 RESOLUTION NO. 23-00 APPROVING LEASE AMENDMENT FOR LEASE AGREEMENT ON LEASE SITE 87-88/87W-88W - LEAGE; (HARBOR) RECOMMENDATION: Adopt Resolution No. 23-00. u 5 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 2000 A-4 RESOLUTION NO. 24-00 APPROVING A THREE-YEAR LEASE AGREEMENT FOR LEASE SITE 129W-132W - CITY DOCK; (HARBOR) RECOMMENDATION: Adopt Resolution No. 24-00. A-5 RESOLUTION NO. 21-00 APPROVINNG PREFERRED ALTERNNATIVE FOR MORRO BAY BOULEVARD/QUINTANA ROAD NTERSECTIONN IMPROVEMENNTS; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 21-00. A-6 RESOLUTION NO. 20-00 AMENDING THE COMMUNITY PROMOTIONS COMMITTEE BY-LAWS; (ADMINISTRATION) RECONINIENDATION: Adopt Resolution No. 20-00. A-7 PROCLAMATION DECLARING APRIL 2000 AS "ALCOHOL AWARENESS MONTH'; (ADMINISTRATION) RECOMMENDATION: Adopt the Proclamation. A-8 AUTHORIZATION TO EXECUTE A TWO-YEAR LEASE AGREEMENT FOR THE PUBLIC SERVICES BUILDING AT 590 MORRO BAY BOULEVARD; (CITY ATTORNEY) RECONIMENDATION: Authorize the City Manager to execute a two-year lease agreement for the Public Services Building located at 590 Morro Bay Boulevard. Councilmember Crotzer pulled Items A-2 and A-6 from the Consent Calendar; Mayor Anderson pulled Item A-3; and Councilmember Elliott pulled Item A-5. MOTION: Councilmember Peters moved the City Council approve the Consent Calendar with the exception of Items A-2, A-3, A-5 and A-6. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) 11 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 2000 A-2 RESOLUTION NO. 22-00 AUTHORIZING GRANT APPLICATION FOR BOAT LAUNCH RAMP REPAIR AND REPAVING; (HARBOR) Councilmember Crotzer asked about the S5.00 use fee for the boat launch ramp reported in the grant application. He said traditionally there has been no charge and he would like it to remain that way. Harbor Director Rick Algert responded the law states the fee cannot exceed S5.00; however, he does not intend to charge this fee. Mayor Anderson stated this grant application came about from a CMANC Conference attended by himself and Mr. Algert, and the result of meeting with a representative of the Department of Boating and Waterways. MOTION: Councilmember Crotzer moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Mayor Anderson and carried unanimously. (5-0) ® A-3 RESOLUTION NO. 23-00 APPROVING LEASE AMENDMENT FOR LEASE AGREEMENT ON LEASE SITE 87-88/87W-88W - LEAGE; (HARBOR) Mayor Anderson stepped down due to a conflict of interest. MOTION: Councilmember Elliott moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried with Mayor Anderson abstaining. (4-0-1) A-5 RESOLUTION NO. 21-00 APPROVING PREFERRED ALTERNATIVE FOR MORRO BAY BOULEVARD/QUINTANA ROAD INTERSECTION IMPROVEMENTS; (PUBLIC SERVICES) Councilmember Elliott stated he would like to review criteria before accepting the preferred alternative. Councilmember Peirce stated a traffic signal should be reserved as an alternative. Councilmember Peters referred to the resolution where it states and clarifies "...it is understood that any option is conceptual at this time and subject to revision as result of ® inter -agency consultations and permitting procedures...". 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 2000 Councilmember Crotzer referred to the staff report which states and clarifies ".... this option is a concept plan and as such will be subject to possibly significant revisions as we continue through the review and approval process." He said when the grant application is made. Cal Trans will be receptive to an innovative approach which he is in support of. Mayor Anderson stated he entered a traffic circle while in Santa Barbara and found that it was easy to maneuver. He noted the importance to maintain the grant funding in Morro Bay. Public Services Director Greg Fuz clarified this is a concept plan, and there will be opportunity to obtain further input during the review process of this proposed plan. MOTION: Councilmember Elliott moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) ® A-6 RESOLUTION NO. 20-00 AMENDING THE COMMUNITY PROMOTIONS COMMITTEE BY-LAWS; (ADMINISTRATION) Councilmember Crotzer stated the staff report is not clear on what amendments were made to the Community Promotions Committee by-laws. City Manager Robert Hendrix reviewed the amendments made to the by-laws. MOTION: Councilmember Elliott moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 RESOLUTION NO. 18-00 DIRECTING THE PREPARATION OF AN ENGINEERS REPORT FOR THE LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LIGHTING AND LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION AND PARKS) Recreation & Parks Director Andrea Lueker stated the adoption of Resolution No. 18-00 initiates the proceedings to levy the annual assessment of the North Point Natural Area ® Lighting and Landscaping Maintenance Assessment District. She noted the Fiscal Year 1999/00 assessment provided S5,645 for the maintenance of the North Point Natural Area. 9 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 2000 Ms. Lueker recommended the City Council adopt Resolution No. 18-00 ordering the preparation of an Engineer's Report detailing expenses projected for the Fiscal Year 2000- 01 for the Maintenance of the North Point Natural Area. Mayor Anderson opened the hearing for public comment; there were no public comments and Mayor Anderson closed the public comment hearing. Councilmember Elliott expressed opposition to assessment fees because these parks are for the benefit of the public which is a City-wide issue and should be paid for City-wide. Correction was made to the date posted on the resolution. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 18-00 as amended ordering the preparation of an Engineer's Report detailing expenses projected for the Fiscal Year 2000-01 for the Maintenance of the North Point Natural Area. The motion was seconded by Mayor Anderson and carried with Councilmember Elliott voting no. (4-1) ® B-2 RESOLUTION NO. 19-00 DIRECTING THE PREPARATION OF AN ENGINEERS REPORT FOR THE LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTER'S PARK AND OPEN SPACE LIGHTING AND LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION AND PARKS) Recreation & Parks Director Andrea Lueker stated the adoption of Resolution No. 19-00 initiates the proceedings to levy the annual assessment of the Cloisters Park and Open Space Lighting and Landscaping Maintenance Assessment District. She noted the Fiscal Year 1999/00 assessment provided S148,944 for the maintenance of the Cloisters Park and Open Space. Ms. Lueker recommended the City Council adopt Resolution No. 19-00 ordering the preparation of an Engineer's Report detailing expenses projected for the Fiscal Year 2000-01 for the Maintenance of the Cloisters Park and Open Space. Mayor Anderson opened the hearing for public comment; there were no public comments and Mayor Anderson closed the public comment hearing. Councilmember Elliott expressed opposition to assessment fees because these parks are for the benefit of the public which is a City-wide issue and should be paid for City-wide. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 19-00 ordering the preparation of an Engineer's Report detailing expenses ® projected for the Fiscal Year 2000-01 for the Maintenance of the Cloisters Park and Open Space. The motion was seconded by Mayor Anderson and carried with Councilmember Elliott voting no. (4-1) 9 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 2000 C. UNFINISHED BUSINESS CA CONSIDERATION OF RECYCLING AND GREEN WASTE SERVICES AND AWARD OF CONTRACT; (ADMINISTRATION) Administrative Assistant Janeen Burlingame stated at the January 10, 2000 City Council meeting, the Council terminated the Curbside Recycling Franchise Agreement with RALCCO Recycling effective April 30, 2000, and directed staff to develop a transition plan, including contract details and cost for a six month interim period, while a Request for Proposal could be performed. Ms. Burlingame recommended the City Council consider the following: 1) review the cost proposals from Morro Bay Garbage Service and RALCCO Recycling regarding providing recycling and green waste services, and consider options for service; 2) select the preferred option and award a contract, and 3) authorize the City Manager to prepare a resolution to execute an agreement for recycling and green waste services and adjustment to the solid waste rates for approval at the April 24th Council meeting. ® Bill Worrell from the Integrated Waste Management Authority reviewed slides of Morro Bay sites before and after garbage pick-up. He also reviewed future IWMA programs such as Morro Bay Household Hazardous Waste Facility, Commercial Recycling Education Program, School Recycling Assistance Program, and Construction and Demolition Waste Model Ordinance. Tom Martin, Controller for Morro Bay Garbage Service, stated the City designs the garbage/recycling program and implements the rates. He said the City has an option of competition or staying with the current contractor with a defaulted contract. Mr. Martin stated Morro Bay Garbage will provide a service at a rate implemented by the City and live up to their contract. Greg Shipley, General Manager for RALCCO Recycling, stated the City would be best served by extending the recycling contract with RALCCO until the garbage contract comes up for bid, and then obtain competitive bids. He said RALCCO can save the City S 10,000 per month compared to the rates of Morro Bay Garbage. Mr. Shipley stated RALCCO operates by making money off of recyclable materials. Councilmember Elliott stated the key issue is affordability. He said there should be mandatory recycling for commercial use, and mandatory construction and demolition recycling. Councilmember Elliott stated that recycling should start with the consumer of waste products. He said he supports maintaining RALCCO Recycling until the garbage ® contract is fulfilled and then go out for bid, and provide weekly green waste pick-up using the franchise fees to cover the extra costs. 10 1 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 2000 Councilmember Crotzer stated he agrees that through education or legislation, the waste consumer should be required to use recyclable materials. He said the current service provided by RALCCO Recycling is working and there is no reason to change. Councilmember Crotzer stated increased rates for expanded green waste service should be paid through the franchise fees received by the City. He noted the rate payers will pay if there is no competition in this service. Councilmember Peters stated she would prefer the use of waste wheelers over orange bags, adding plastic bags are not environmentally smart. She said she agrees that the consumer should be educated on recycling. Councilmember Peters stated she agrees with adding weekly green waste pick-up with the extra cost being paid by franchise fees. She said she supports maintaining RALCCO Recycling services, and proceed with Request for Proposals at the end of the garbage contract. Councilmember Peirce stated there should be weekly green waste pick-up. He also agrees with maintaining RALCCO Recycling, and go out for bid in 14 months. ® Mayor Anderson stated the City should not continue with an inferior service that is cheaper. He said he agrees that waste wheelers would be easier to use than the use of plastic bags. MOTION: Councilmember Elliott moved the City Council direct staff to initiate a contract with RALCCO Recycling for 14 months, with the addition of weekly green waste pick-up, and the additional expense to be paid by the City through franchise fees. The motion was seconded by Councilmember Peirce. Councilmember Crotzer stated he does not support paying the additional expense of the expanded green waste pick-up for the 14 month period. Councilmember Peirce noted the franchise fees have been placed in the General Fund for City-wide expenses. Mayor Anderson stated if cost is an issue then maintain green waste pick-up at twice per month. Councilmember Crotzer stated the logic of paying a franchise fee is to cover impacts, and a certain amount of these fees should pay for the impact on City streets. ® Councilmember Elliott stated these franchise fees are hidden taxes that are not maintained for the service provided. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 10, 2000 MOTION: Councilmember Peters moved the City Council approve to go beyond 11:00 p.m. in order to complete the agenda. The motion was seconded by Mayor Anderson and failed with Councilmember Crotzer, Councilmember Elliott and Councilmember Peirce voting no. (2-3) Councilmember Elliott amended his motion to include the total increase in cost to be paid through franchise fees for two months until budget review and reconsideration. Councilmember Peirce accepted the amendment to the motion. VOTE: The motion carried with Mayor Anderson voting no. (4-1) C-2 STATUS REPORT ON THE DUKE ENERGY PROJECT; (PUBLIC SERVICES) This item was continued to the April 24, 2000 City Council meeting. ® D. NEW BUSINESS D-1 REPORT ON THE LEAGUE OF CALIFORNIA CITIES "CITY ACTION DAY" rN SACRAMENTO ON MAY 22-232 2000; (ADMINISTRATION) This item was continued to the April 24, 2000 City Council meeting. F. ADJOURNMENT The meeting adjourned at 11:05 p.m. Recorded by: Bridgett Bauer City Clerk 12 -`' NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Closed Session Meeting on Wednesdav, April 5, 2000 at 5:00 p.m. to be held in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be discussing: GOVERNNIENT CODE SECTION 54956.9(B); CONFERENCE WITH LEGAL COUNSEL DUE TO SIGNIFICANT EXPOSURE TO LITIGATION. Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter. The City Council will adjourn to the scheduled Joint Powers Authority meeting with the Cayucos Sanitary District at 7:00 p.m. at the Cayucos Elementary School, 301 Cayucos Drive, Cayucos, California. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION NIEETINGS ARE CONFIDENTIAL AND EXEMPT FRONT DISCLOSURE. DATED: April 3, 2000 Bridgett Bau . City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Meeting on Tuesday, March 28, 2000 at 7:00 p•m• to be held at the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be conducting interviews to fill the vacancy on the Recreation & Parks Commission. DATED: March 22, 2000 E A.uRlt� Bridgett Mtuer, City Clerk IA 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING -;•'LARCH 27, 2000 CLOSED SESSION - MARCH 27, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956.9(B); CONFERENCE R'ITH ® LEGAL COUNSEL DUE ANTICIPATED LITIGATION. Discuss with legal counsel, based on existing facts, whether to initiate litigation and potential exposure to litigation based upon the termination of RALCCO's contract. CS-2 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY TRANSACTIONS. Instructing the City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to one (1) parcel: Property: Lease Site 89/89W. Negotiating Parties: Kurt Steinmann and City of Morro Bay. Negotiations: Renegotiation and waiver of terms and conditions of current agreement. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. E ® PUBLIC SESSION - MARCH 27, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMB_ ERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three ® minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. I. APPROVAL OF MINUTES FOR THE REGULAR MEETING OF MARCH 13, 2000; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT - FEBRUARY 2000; (FINANCE) 0 RECOMMENDATION: Receive for information. 2 A-3 EXPENDITURE REPORT - FEBRUARY 2000; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 17-00 OPPOSING SENATE BILL 402 REGARDING COMPULSORY AND BINDING ARBITRATION FOR PUBLIC SAFETY EMPLOYEES; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 17-00. A-5 CONSIDERATION OF THE UPDATE TO THE 1997 BIKEWAY STUDY; (PUBLIC SERVICES) RECOMMENDATION: Receive report for information. A-6 PROCLAMATION DECLARING APRIL 2000 AS "MONTH OF THE CHILD"; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. A-7 PROCLAMATION DECLARING APRIL 14, 2000 AS "ARBOR DAY'; (ADMINISTRATION) ® RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PUBLIC HEARING ON POTENTIAL ACTIVITIES FOR STATE COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATIONS FOR 2000; (PUBLIC SERVICES) RECOMMENDATION: Receive public comment; no action is required. B-2 PUBLIC HEARING ON THE MORRO BAY BOULEVARD/QUINTANA ROAD INTERSECTION ANALYSIS RECOMMENDATION: Receive presentation and public comment, and direct staff accordingly. C. UNFINISHED BUSINESS C-1 REPORT ON CURBSIDE RECYCLING TRANSITION PLAN; (ADMINISTRATION) it RECOMMENDATION: Receive report and direct staff accordingly. 3 6 D. NEW BUSINESS - NONE. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. 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 AT CITY HALL, LIBRARY, AND MILLS STATIONERY. [N COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL isASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 0 4 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - MARCH 27, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Elliott moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) Mayor Anderson read the Closed Session statement. ® CS-1 GOVERNMENT CODE SECTION 54956.9(B); CONFERENCE WITH LEGAL COUNSEL DUE ANTICIPATED LITIGATION. Discuss with legal counsel, based on existing facts. whether to initiate litigation and potential exposure to litigation based upon the termination of RALCCO's contract. CS-2 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY TRANSACTIONS. Instructing the City's real property negotiator regarding the price and teens of payment for the purchase, sale, exchange, or lease of real property as to one (1) parcel: Property: Lease Site 89/89W. Negotiating Parties: Kurt Steinmann and City of Morro Bay. Negotiations: Renegotiation and waiver of terms and conditions of current agreement. Mayor Anderson exited the meeting due to a conflict of interest on Item CS-2. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Elliott moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) The meeting adjourned at 5:50 p.m. C`I MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 27, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m. PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Rick Algert Bill Boucher Greg Fuz Jeff Jones Jim Koser Joe Loven Andrea Lueker City Manager City Attorney City Clerk Harbor Director Capital Projects Manager Public Services Director Fire Chief Finance Director Police Chief Recreation & Parks Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action was taken. PUBLIC COMMENT Tish Tefft reported on the Coastal Commission meeting in Carmel regarding the Colmer Project. The following people addressed Item C-1 (Report on Curbside Recycling Transition Plan) with these comments: Nancy Bast stated the garbage company returns S300,000 per year in franchise fees to the City which is earmarked for payment to the recycler and City administrative costs. She said the recycler receives S84,000 per year of these franchise fees which leaves a remaining 5216,000 of unexplained reimbursed franchise fees. Ms. Bast stated these unexplained fees should be returned to the trash customers 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 27, 2000 Roger Ewing requested the consideration of green waste pick up once per week during March - October. He also asked that the public be educated on recycling. Shirley Coolon stated she is a new resident and it has been difficult in knowing how to recycle in Morro Bay. Jim Nance stated the remaining franchise fees should be returned to the public; orange bag rates should remain the same; and trash pick up should not be mandatory. Bill Woodson, Chairman of the Citizen's Bicycle Committee, addressed Item A-5 (Consideration of the Update to the 1997 Bikeway Study) stating the Committee feels the update should conform to the California Bike Lane Account Program criteria for grant eligibility, and should include City recreational paths. He reviewed the Committee's goals and proposed bike lane plan. Meredith Bates, Member of the Citizen's Bicycle Committee, also addressed Item A-5 and stated the City should obtain qualified people to apply for grant funding due to its competitive nature. She said the Committee is available to work with staff on this ® project. Mayor Anderson suggested the City Council take the agenda out of order to hear Item A-6 (Proclamation Declaring April 2000 as "Month of the Child") next; Council concurred. MOTION: Councilmember Crotzer moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) Shannon Stocking of the Morro Bay's Recreation R Parks Department along with children from the Kid's Club and Star Program made a presentation to the City Council with regard to the Proclamation Declaring Month of the Child. Mark Seedhall, Duke Energy, reviewed the key elements of the CEC application analysis and the pre -application process. Bob Cochran, Duke Energy, reviewed key tasks on the plant site development, and ranking of alternative site layouts. Mayor Anderson closed the public comment hearing. ® DECLARATION OF FUTURE AGENDA ITEMS - None. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 27, 2000 A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF MARCH 13, 2000; (ADMINISTRATION) RECOi\4MENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT - FEBRUARY 2000; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - FEBRUARY 2000; (FINANCE) RECOMMENDATION: Approve as submitted. ® A-4 RESOLUTION NO. 17-00 OPPOSING SENATE BILL 402 REGARDING COMPULSORY AND BINDING ARBITRATION FOR PUBLIC SAFETY EMPLOYEES; (ADMINISTRATION) RECOiN MENDATION: Adopt Resolution No. 17-00. A-5 CONSIDERATION OF THE UPDATE TO THE 1997 BIKEWAY STUDY; (PUBLIC SERVICES) RECOMMENDATION: Receive report for information. A-6 PROCLAMATION DECLARING APRIL 2000 AS "MONTH OF THE CHILD'; (ADMINISTRATION) RECOMNIEN'DATION: Adopt Proclamation. A-7 PROCLAMATION DECLARING APRIL 14, 2000 AS "ARBOR DAY"; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. ® Councilmember Peters pulled Item A-3 of the Consent Calendar; Councilmember Crotzer pulled Item A-5. 4 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 27, 2000 MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Items A-3 and A-5. The motion was seconded by Councilmember Peters and carved unanimously. (5-0) A-3 EXPENDITURE REPORT - FEBRUARY 2000 Councilmember Peters requested staff clarification on two charges on the City credit card report. Finance Director Jim Koser responded the S221 charge was for restaurant charges during the attendance of the Mayor and two Councilmembers at the San Luis Obispo Days in Washington, D.C.; the other charge was for staff attendance at a Duke meeting in San Francisco. MOTION: Councilmember Peters moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) ® A CONSIDERATION OF THE UPDATE TO THE 1997 BIKEWAY STUDY Councilmember Crotzer requested this item be agendized in order to prepare for grant funding of the Bicycle Transportation Plan. He said the Citizen's Bicycle Committee can be useful for input along with an appropriate Cal Poly student, and minimal staff time to review the plan. Councilmember Crotzer stated safe bicycle commuting can help with the congestion on the roads and pollution created by cars, and he recommends implementation take place immediately. Councilmember Peters agreed with Councilmember Crotzer's comments, and said input by the Citizen's Bike Committee can be useful. Councilmember Elliott stated an important factor for grant funding is based on how many participants there are in bicycle commuting. He said City staff is most capable of obtaining grant funding for this project plan. Councilmember Peirce stated the Citizen's Bicycle Committee could help in promoting bicycle commuting. He said the City should obtain a qualified Cal Poly student to assist in this plan. Mayor Anderson addressed concern with requesting immediate staff time on this project. He said there is time to review this plan during the budget review process without losing the grant funding. 5 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - MARCH 27, 2000 MOTION: Councilmember Crotzer moved the City Council approve Item A-5 of the Consent Calendar, with the addition to perform a cursory review of the plan update without expending undue staff time. The motion was seconded by Councilmember Peters. Councilmember Elliott suggested the motion include direction that staff provide the Citizen's Bicycle Committee with the Bike Lane Account regulations and information on the plan in order to expedite the process. Councilmember Crotzer accepted the amendment to the motion; Councilmember Peters accepted the amendment to her second. VOTE: The motion was carried unanimously. (5-0) Mayor Anderson called for a break at 7:40 p.m.; the meeting resumed at 7:50 p.m. B. PUBLIC HEARINGS, REPORTS & APPEARANCES ® B-I PUBLIC HEARING ON POTENTIAL ACTIVITIES FOR STATE COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATIONS FOR 2000; (PUBLIC SERVICES) `] Public Services Director Greg Fuz reported the State of California's Department of Housing and Community Development has issued a Notice of Funding Availability of approximately S24 million for the 2000 funding cycle of the State Community Development Block Grant (CDBG) Program. He said under this 2000 cycle of CDBG funding, the City can compete with other eligible non -entitlement applicants*throughout California for funds from the CDBG Program's General Allocation. Mr. Fuz stated CDBG regulations require that a public hearing be held to allow citizens to offer input or comments on any potential grant activities. He introduced Cindy Jacinth of Peoples' Self Help Housing who reviewed projects previously awarded funding in Morro Bay. Mayor Anderson opened the hearing for public comment Nancy Castle stated she was a recipient of a CDBG grant to rehabilitate her home a few years ago. She encouraged further investment in these funds to rehabilitate older dwellings in the City. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 27, 2000 John Barta stated as a Planning Commissioner he recently attended the League of California Cities Planners Institute. He said he attended a session which addressed affordable housing needs, and stated State Affordable Housing Laws requires each community to provide affordable housing for all members of the community which will cost no more than 30% of a family's income. Mr. Barta addressed other areas that should be considered in order to provide a healthy and economically diverse community. Mayor Anderson closed the public comment hearing. Councilmember Peters referred to a newspaper article regarding neighborhood clean-up in Oceano and Nipomo, and said this same program could be a good idea for Morro Bay. The City Council received the report for information; no action by Council was required. B-2 PUBLIC HEARING ON THE MORRO BAY BOULEVARD/QUINTANA ROAD INTERSECTION ANALYSIS isCapital Projects Manager Bill Boucher stated the intersection at Morro Bay Boulevard and Quintana Road has been studied numerous times in the effort to provide long-term mitigation for its congestion and geometric misalignments. He said part of the Governor's current year budget is a significant infusion of monies for street improvement projects. Mr. Boucher stated the City has been informed by San Luis Obispo Council of Governments that grant funding may be available for this project if the Council approved - study is submitted by April 2000. Mr. Boucher introduced Steve Orosz of Penfield & Smith Engineering Firm who has been hired as a consultant to assist the City with this project, and Richard Murphy of San Luis Obispo Council of Governments who was available for funding questions. Mr. Boucher and Mr. Orosz reviewed diagrams of various alternatives for intersection improvements for Morro Bay Boulevard at Quintana Road. Public Services Director Greg Fuz noted since there are no other roundabouts in the County, the City may have a better opportunity for funding for an innovative project. Mayor Anderson opened the hearing for public comment. Marshall Ochylski, Tri-W representative, stated his client would like the intersection to maximize the traffic flow so not to allow traffic to back-up on the bridge, and also eliminate the left turn off Quintana Road onto Morro Bay Boulevard. 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 27, 2000 Jim Nance stated he would like the southbound on -ramp to remain the same. He addressed the concern of pedestrian crossing on a roundabout. Mr. Nance stated there should be more public input on this project. Mayor Anderson closed the public comment hearing. Councilmember Peters stated she supports the proposed roundabout. She suggested placing stop signs at Kern and Morro Bay Boulevard which may slow the traffic down coming onto the roundabout. Councilmember Peters also said the plan should not include moving the southbound on -ramp. Councilmember Peirce stated he could be persuaded to support a roundabout at this intersection. He also said he would like the southbound on -ramp to remain where it is. Councilmember Crotzer also expressed support for the proposed roundabout at this intersection. Councilmember Elliott stated a roundabout will beautify the entrance to the City, and will ® be easily accessible for pedestrians. Mayor Anderson addressed potential traffic hazards created by vehicles crossing the bridge and wanting to turn left on the southbound on -ramp. He said this can be resolved by slowing traffic down prior to entering the roundabout and moving the southbound on - ramp. MOTION: Councilmember Elliott moved the City Council direct staff to work with the civil engineer on Option 5(a) with consideration of a stop sign at Kern and Morro Bay Boulevard, and location of the southbound on -ramp onto Highway 1. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) C. UNFINISHED BUSINESS C-1 REPORT ON CURBSIDE RECYCLING TRANSITION PLAN; (ADMINISTRATION) Administrative Assistant Janeen Burlingame reviewed the Public Works Advisory Board's (PWAB) discussion on the Curbside Recycling Transition Plan. She stated PWAB recommended the City Council not approve the waste wheelers for recycling and green waste programs, and not approve a progressive rate structure for the restructured solid waste levels of service. 8 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 27. 2000 Councilmember Peters stated she is interested in reviewing the proposals after the current contract has expired. She suggested a mailer go out with the water bills reviewing the rules of recycling and trash pick-up, and include phone numbers of who to call with questions. Councilmember Peirce stated education on recycling could help in the lost tonnage. He said customers using the orange bags should also receive recycle bins. Councilmember Elliott stated their should be a prohibition of placing green waste in orange bags. He said he is opposed to the waste wheeler bins because they will probably be exposed in front of residences. Councilmember Elliott also said green waste should be picked up weekly. Councilmember Crotzer stated sometime soon he would like to discuss inverted rates that would be motivating, and the commercial waste stream. He said education on recycling, including that of construction debris, should be a priority and would help with the City's diversion rate. ® Mayor Anderson agreed with Council comments. He said the goal is eventually there will be one service provider which will assist in much of the confusion. Council directed staff to return with the two proposals on the curbside recycling plan. D. NEW BUSINESS - NONE. F. ADJOURNMENT The meeting adjourned at 10:14 p.m. Recorded by: Bridaett Bauer City Clerk V`. 9 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - MARCH 13, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY ® MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR ® Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF FEBRUARY 28, 2000, AND CONTINUED PUBLIC HEARING OF FEBRUARY 16, 2000; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENTS - JANUARY 2000; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - JANUARY 2000; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 PROCLAMATION IN OPPOSITION TO THE PLACEMENT OF THE WORLD'S LARGEST SALT PLANT IN BAJA, MEXICO; (ADMINISTRATION) ® RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS. REPORTS & APPEARANCES - NONE. C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 481 TO ADD MILITARY SERVICE CREDIT AS A RETIREMENT BENEFIT FOR MISCELLANEOUS MEMBERS - SECOND READING/ADOPTION; (ADMINISTRATION) RECOMMENDATION: Approve second reading and adoption of Ordinance No. 481. C-2 CONSIDERATION OF SEX OFFENDER REGISTRATION PROGRAM; (POLICE) RECOMMENDATION: Receive for information. L] 2 D. NEW BUSINESS ® D-1 PRESENTATION BY DAVID SPAUR OF THE ECONOMIC VITALITY COMMISSION 11 0 RECOMMENDATION: Receive presentation for information; no action is necessary. D-2 RESOLUTION NO. 16-00 AUTHORIZING THE MAYOR TO EXECUTE REAL PROPERTY AGREEMENT FOR ACQUISITION OF 1055 MORRO AVENUE USING PARKING IN -LIEU FUNDS RECOMMENDATION: Adopt Resolution No. 16-00. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. 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 AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING -MARCH 13, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney Bridgett Bauer City Clerk Jeff Jones Fire Chief Jim Koser Finance Director Joe Loven Police Chief Andrea Lueker Recreation & Parks Director ESTABLISH QUORUM AND CALL TO ORDER ® PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - There were no Closed Session items to report. PUBLIC COMMENT Ellen Sturtz referred to the approval of the Duke Energy MOU, and asked for clarification on the 120-day review period. Barbara Jo Osborn stated the public comment period can be intimidating, and she would like this period to be free of criticism. Isabel Hile referred to the surveys performed relating to the Duke Energy MOU, and noted 507 yellow survey cards were received which showed opposition to the MOU. Doris Murray referred to a letter sent from a citizen of Albany, Indiana regarding the placement of a Duke Energy Power Plant, and how it is not well received by its citizens. Don Boatman stated professionals should be sought on specific issues regarding the Duke ® Energy Modernization Plan. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING -MARCH 13, 2000 Bob Tefft proposed the City organize a series of workshops to discuss specific issues relating to the Duke Energy project. Mark Seedhall, Director of Duke Energy Plant Modernization Project, gave an update on the plant modernization application process. Lynda Merrill stated the public should be encouraged to speak without interruption at any commission or board meeting. David Nelson stated Duke Energy has changed the plant location from Oil Tank #2 to Oil Tank #4 which is misinformation from what was said in the MOU. Mayor Anderson closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Crotzer requested the review of the RALCCO Recycling Transition Plan, ® and he asked that RALCCO's proposal be included in the report. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A -I APPROVAL OF MINUTES FOR THE REGULAR MEETING OF FEBRUARY 28, 2000, AND CONTINUED PUBLIC HEARING OF FEBRUARY 16, 2000; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENTS - JANUARY 2000; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - JANUARY 2000; (FINANCE) RECOMMENDATION: Approve as submitted. E 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 13, 2000 A-4 PROCLAMATION IN OPPOSITION TO THE PLACEMENT OF THE WORLD'S LARGEST SALT PLANT IN BAJA, MEXICO; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. Councilmember Crotzer pulled Items A-1 and A-2 from the Consent Calendar, and Councilmember Elliott pulled Item A-4. MOTION: Councilmember Crotzer moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A -I APPROVAL OF MINUTES FOR THE REGULAR MEETING OF FEBRUARY 28, 2000, AND CONTINUED PUBLIC HEARING OF FEBRUARY 16, 2000; (ADMINISTRATION) ® Councilmember Crotzer pulled the minutes of February 16th and requested clarification on the discussion of air quality in Morro Bay. City Manager Bob Hendrix responded the first goal listed in the minutes states:....... there will be improved air quality for Morro Bay and the San Luis Obispo County Region." MOTION: Councilmember Crotzer moved the City Council approve the minutes of February 16, 2000. The motion was seconded by Councilmember Peirce and carved unanimously. (5-0) Councilmember Crotzer pulled the minutes of February 28th - page 6, and requested his full statement of opposition be quoted in the minutes. The City Clerk stated she will review the tapes and expand on Councilmember Crotzer's statement. MOTION: Councilmember Crotzer moved the City Council approve the minutes of February 28, 2000 as amended. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING -MARCH 13, 2000 A-2 CASH & INVESTMENTS - JANUARY 2000; (FINANCE) Councilmember Crotzer asked for clarification on garbage franchise fees. Finance Director Jim Koser responded approximately 1/3 of the garbage franchise fees is used to pay for recycling services. Councilmember Crotzer stated he would like Council to be more informed on this issue before entering discussion on the recycling plan. MOTION: Councilmember Crotzer moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-4 PROCLAMATION IN OPPOSITION TO THE PLACEMENT OF THE WORLD'S LARGEST SALT PLANT IN BAJA, MEXICO; (ADMINISTRATION) Councilmember Elliott asked why this proclamation is on the agenda since it is a moot issue. Consensus of the City Council was to send a congratulatory letter to the Campaign to Save Laguna San Ignacio. MOTION: Councilmember Elliott moved the City Council approve Item A-4 of the Consent Calendar as amended. The motion was seconded by Councilmember Peirce and carved unanimously. (5-0) B. PUBLIC HEARINGS, REPORTS & APPEARANCES - NONE. C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 481 TO ADD MILITARY SERVICE CREDIT AS A RETIREMENT BENEFIT FOR MISCELLANEOUS MEMBERS - SECOND READING/ADOPTION; (ADMINISTRATION) City Manager Robert Hendrix introduced Ordinance No. 481 for second reading and adoption in order to add military service credit as a retirement benefit for miscellaneous ® members. He stated this benefit allows a member to purchase up to four years of service credit for any continuous active military or merchant marine service prior to employment 4 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 13, 2000 with the City. The member must contribute an amount equal to the contribution for any service that the employee and employer would have made with respect to that period of service. Mr. Hendrix recommended the City Council approve the second reading and adoption of Ordinance No. 481. MOTION: Councilmember Elliott moved the City Council approve the second reading and adoption of Ordinance No. 481 to add military service credit as a retirement benefit for miscellaneous members. The motion was seconded by Councilmember Peters. Mr. Hendrix read Ordinance No. 481 by number and title only. VOTE: (5-0) Mayor Anderson called for a break at 7:15 p.m.; the meeting resumed at 7:30 p.m. C-2 CONSIDERATION OF SEX OFFENDER REGISTRATION PROGRAM; ® (POLICE) Chief Loven stated this item is meant to provide the City Council and public with an overview of the existing sex offender registration requirements and the registration procedures conducted by the Morro Bay Police Department. Chief Loven introduced Officer Keith Falerios who further explained the department's procedures. This was an informational item, and no action was taken by Council. D. NEW BUSINESS D-1 PRESENTATION BY DAVID SPAUR OF THE ECONOMIC VITALITY CORPORATION David Spaur of the Economic Vitality Corporation (EVC) of San Luis Obispo County reviewed the EVC progress report for the City Council and public information. This was an informational item, and no action was taken by Council. E 5 E 9 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING -MARCH 13, 2000 D-2 RESOLUTION NO. 16-00 AUTHORIZING THE MAYOR TO EXECUTE REAL PROPERTY AGREEMENT FOR ACQUISITION OF 1055 MORRO AVENUE USING PARKING IN -LIEU FUNDS Councilmember Peters stepped down from discussion on this item due to a conflict of interest. City Attorney Robert Schultz stated the Parking In -Lieu Fund was established in 1989 to provide increased business opportunities along the community's waterfront. He said monies accumulated in the fund are to be used solely for the purposes of improving public parking availability. Mr. Schultz stated adequate funds exist in the Parking In - Lieu Fund for acquisition of the property located at 1055 Morro Avenue, and recommended the City Council adopt Resolution No. 16-00 authorizing the Mayor to execute the Real Estate Purchase Agreement for acquisition of 1055 Mono Avenue and appropriate funds from the Parking In -Lieu Fund. MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 16-00 authorizing the Mayor to execute the Real Estate Purchase Agreement for acquisition of 1055 Morro Avenue and appropriate funds from the Parking In -Lieu Fund. The motion was seconded by Councilmember Peirce and carried with Councilmember Peters abstaining.(4-0-1) F. ADJOURNMENT The meeting adjourned at 8:47 p.m. Recorded by: \� "�"V' Bridgett Bauer City Clerk lbct Cal/ ri ® 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - FEBRUARY 28, 2000 CLOSED SESSION - FEBRUARY 28, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. 7 595 HARBOR ST., MORRO BAY, CA i ® CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY TRANSACTIONS. Instructing the City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to one (1) parcel: Property: Church property/comer of Morro & Beach Street. Negotiating Parties: Christian Scientist Church and City of Morro Bay. Negotiations: Voluntary Purchase and Sale. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION NIEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. 11 ® PUBLIC SESSION - FEBRUARY 28, 2000 VETERANS NIENIORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may - do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: ® • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A -I APPROVAL OF MINUTES FOR THE REGULAR MEETING OF FEBRUARY 14, 2000; (ADMINISTRATION) RECONINIENDATION: Approve as submitted. 2 A-2 CASH & INVESTMENT REPORT - JANUARY 2000; (FINANCE) ® RECOMiNIENDATION: This item has been pulled from the agenda. A-3 EXPENDITURE REPORT - JANUARY 2000; (FNANCE) RECOMMENDATION: This item has been pulled from the agenda. A-4 RESOLUTION NO. 15-00 APPOINTING ROBERT E. HENDRIX AS CITY MANAGER, AND APPROVAL OF CONTRACT FOR SERVICES; (CITY ATTORNEY) RECOMMENDATION: Adopt Resolution No. 15-00. A-5 AWARD OF BID TO FURNISH, INSTALL AND MAINTAIN VOICE MAIL SYSTEM AND MISCELLANEOUS TELEPHONE EQUIPMENT; (ADMINISTRATION) RECOMMMENDATION: Award the bid for telephone equipment to The Phone Center in the amount of $13,882.50, and the bid for voice mail to Digital Telecommunications Corporation in the amount of $13,079.06. A-6 RESOLUTION NO. 13-00 ESTABLISHING DISABLED PARKING SPACE ON ® FRONT STREET/NORTH OF HARBOR STREET; (PUBLIC SERVICES) RECOi'liNIENDATION: Adopt Resolution No. 13-00. A-7 RESOLUTION NO. 14-00 ESTABLISHING NO -PARKING ZONES ON MAIN STREET AT PACIFIC STREET; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 14-00. A-8 AUTHORIZATION FOR MAYOR TO SEND LETTER TO CHARTER COMMUNICATIONS REGARDING CABLE FRANCHISE RENEWAL PROPOSAL; (ADMINISTRATION) RECOi\IMENDATION: Authorize the Mayor to sign a letter to Charter Communications regarding the Cable Franchise Renewal Proposal. A-9 PROCLAMATION DECLARING MARCH, 2000 AS "GRAND JURY AWARENESS MONTH'; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. 3 A-10 PROCLAMATION DECLARING MARCH 18, 2000 AS "ABSOLUTELY ® INCREDIBLE KID DAY'; (ADMINISTRATION) RECO\7NIENDATION: Adopt Proclamation. A-11 AUTHORIZATION FOR MAYOR, TO ATTEND THE C-MANC ANNTUAL MEETINGS IN WASHINGTON, D.C.; (HARBOR) RECOMMENDATION: Approve travel expenses from Harbor Department funds for Mayor Anderson to attend C-NIANC'S Washington Week Meetings to be held March 20-23, 2000. A-12 REVIEW OF PLAN FOR NEW 805 AREA CODE NUMBER; (ADMINISTRATION) RECOMMENDATION: Review information provided for potential new telephone area codes, and authorize the Mayor's signature on a letter to the CPUC in opposition to the 805 Area Code change. B. PUBLIC HEARINGS. REPORTS & APPEARANCES - NONE. C. UNFINISHED BUSINESS ® C-I CONSIDERATION OF DUKE ENERGY MODERNIZATION PROJECT MEMORANDUM OF UNDERSTANDING; (PUBLIC SERVICES) RECOMMENDATION: Discuss and direct staff accordingly. C-2 CONSIDERATION OF AD -HOC OUTREACH COMMITTEE RECOMMENDATIONS; (COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. C-3 CONSIDERATION OF VACANCY ON RECREATION & PARKS COMMISSION; (ADMINISTRATION) RECOMMENDATION: 1) Direct staff to advertise to fill vacancy on the Recreation & Parks Commission; 2) set deadline to receive applications; and 3) schedule a date to conduct interviews. C-4 DISCUSSION ON PLAN TO PLACE THE WORLD'S LARGEST SALT PLANT IN BAJA, MEXICO; (COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. 4 D. NEW BUSINESS D-1 APPROVAL OF CONTRACT WITH SCIENCE APPLICATION INTERNATIONAL CORPORATION, INC. REGARDING THE PRE - APPLICATION FOR THE DUKE ENERGY MODERNIZATION PLAN RECOMi\7ENDATION: Authorize the City tManager to Execute the Contract with SAIC, Inc. E. ADJOURNMENT ® THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISION'S OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. l 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 AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. F MINUTES - MORRO BAY CITY COUNCIL 16 CLOSED SESSION - FEBRUARY 28, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix Acting City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peters moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) Mayor Anderson read the Closed Session statement. is Councilmember Peters stated due to a conflict of interest she would not be participating in this discussion. CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY TRANSACTIONS. Instructing the City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to one (1) parcel: Property: Church property/comer of Morro & Beach Street. Negotiating Parties: Christian Scientist Church and City of Morro Bay. Negotiations: Voluntary Purchase and Sale. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:35 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Elliott and unanimously carried. (4-0) The meeting adjourned at 5:35 p.m. ® ML\TUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m. PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix Acting City Manager Robert Schultz City Attorney Bridgett Bauer City Clerk Rick Algert Harbor Director Ardith Davis Personnel Officer/Risk Manager Greg Fuz Acting Public Services Director Jeff Jones Fire Chief Andrea Lueker Recreation & Parks Director ® ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, no reportable action was taken. PUBLIC COMMENT Wayne Colmer, Colmer Development Company, addressed the LCP amendment relating to the Colmer/Caratan property, and requested the City Council and members of the public contact the Coastal Commission with support for this project. Tish Tefft stated she will assist in providing bus transportation to the Coastal Commission meeting regarding the Colmer/Caratan property project. Jeff O'Dell expressed support for the Colmer subdivision property project. Charles Palmer addressed Item A-8 (Authorization for Mayor to Send Letter to Charter ® Communications Regarding Cable Franchise Renewal Proposal), stating the City's cable program needs to be upgraded. 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 2000 Warren Dorn requested Council support for Propositions 12 & 13. Tarren Collins, representing the Sierra Club, also requested support for Propositions 12 & 13. The following people expressed support in the City Council signing the Duke Energy Modernization Project Memorandum of Understanding: Arby Kitzman, Grace Melton, Chuck Meissner, Gary Ryan, Gary Johnson, Jack Hansen, Jim Woods, John Barta, and Charles Palmer. The following people expressed opposition to the City Council signing the Duke Energy Modernization Project Memorandum of Understanding: Peter Wagner, Jack McCurdy, Darrell Brady, Justin Veloy, Tracy Diamond, Melody DeMeritt, Nelson Sullivan, Brian Stacy, Richard Smith, Tarren Collins - representing the Chumash Council, Mark Nelson, Trevor Smith, David Nelson, Don Boatman, Nancy Dunn, and Dorothy Cutter. Melody DeMeritt quoted the California Water Code Section 13142.5 (Section A) relating ® to technology on wastewater discharge, and priorities to protect surrounding wetlands and estuaries. Mayor Anderson closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Crotzer requested discussion on the LCP amendment relating to the Colmer/Caratan property be agendized for Council discussion. Staff responded an update on this project can be provided to the City Council. The City Council agreed that there will be Council representation at the California Coastal Commission meeting to review this project. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF FEBRUARY 14, 2000; (ADMINISTRATION) ® RECOMMENDATION: Approve as submitted. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 2000 A-2 CASH & INVESTMENT REPORT - JANUARY 2000; (FINANCE) RECOMI•IENDATION: This item has been pulled from the agenda. A-3 EXPENDITURE REPORT - JAN ARY 2000; (FINANCE) RECOMMENDATION: This item has been pulled from the agenda. A-4 RESOLUTION NO. 15-00 APPOINTING ROBERT E. HENDRIX AS CITY MANAGER, AND APPROVAL OF CONTRACT FOR SERVICES; (CITY ATTORNEY) RECONENIENDATION: Adopt Resolution No. 15-00. A-5 AWARD OF BID TO FURNISH, INSTALL AND MAINTAIN VOICE MAIL SYSTEM AND MISCELLANTEOUS TELEPHONE EQUIPMENT; (ADMINISTRATION) ® RECOMMENDATION: Award the bid for telephone equipment to The Phone Center in the amount of S13,882.50, and the bid for voice mail to Digital Telecommunications Corporation in the amount of $13,079.06. U A-6 RESOLUTION NO. 13-00 ESTABLISHING DISABLED PARKING SPACE ON FRONT STREET/NORTH OF HARBOR STREET; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 13-00. A-7 RESOLUTION NO. 14-00 ESTABLISHING NO -PARKING ZONES ON MAIN STREET AT PACIFIC STREET; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 14-00. A-8 AUTHORIZATION FOR MAYOR TO SEND LETTER TO CHARTER COMMUNICATIONS REGARDING CABLE FRANCHISE RENEWAL PROPOSAL; (ADMINISTRATION) RECOMMENDATION: Authorize the Mayor to sign a letter to Charter Communications regarding the Cable Franchise Renewal Proposal. 17 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 2000 A-9 PROCLAMATION DECLARING MARCH, 2000 AS "GRAND JURY AWARENESS MONTH"; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. A-10 PROCLAMATION DECLARING MARCH 18, 2000 AS "ABSOLUTELY INCREDIBLE KID DAY"; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. A-11 AUTHORIZATION FOR MAYOR TO ATTEND THE C-MANC ANNUAL MEETINGS IN WASHINGTON, D.C.; (HARBOR) RECOMMENDATION: Approve travel expenses from Harbor Department funds for Mayor Anderson to attend C-MANC'S Washington Week Meetings to be held March 20-23, 2000. ® A-12 REVIEW OF PLAN FOR NEW 805 AREA CODE NUMBER; (ADMINISTRATION) RECOMMENDATION: Review information provided for potential new telephone area codes, and authorize the Mayor's signature on a letter to the CPUC in opposition to the 805 Area Code change. Councilmember Peters pulled Item A-4 from the Consent Calendar; Councilmember Peirce pulled Item A-5; Councilmember Elliott pulled Item A-6; Councilmember Crotzer pulled Item A-11; and Mayor Anderson pulled Items A-9 and A-12. MOTION: Councilmember Peters moved the City Council approve the Consent Calendar with the exception of Items A-4, A-5, A-6, A-9, A-11, and A-12. The motion was seconded by Councilmember Peirce and carved unanimously. (5-0) A-4 RESOLUTION NO. 15-00 APPOINTING ROBERT E. HENDRIX AS CITY MANAGER, AND APPROVAL OF CONTRACT FOR SERVICES; (CITY ATTORNEY) Councilmember Peters stated she generally is not in favor of paying high salaries for City ® employees if the City is on a limited budget; however, the City needs to be competitive, and she supports appointing Mr. Hendrix as City Manager. 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 2000 Councilmember Crotzer stated he is opposed to the approval of this contract based on the salary of S134,415 which is too high for this City. He said the City Manager is an at -will employee, and it would cost the City 5200,000 to sever this contract, which is too high to pay someone not to work. Councilmember Elliott stated this is an opportunity for the City to become a professional City, and he supports the appointment of Mr. Hendrix as City Manager. Councilmember Peirce stated this is an instance where you get what you pay for. Mayor Anderson stated he supports the appointment of Mr. Hendrix. MOTION: Councilmember Peters moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried with Councilmember Crotzer voting no. (4-1) A-5 AWARD OF BID TO FURNiISH, INSTALL AND MAINTAIN VOICE MAIL ® SYSTEM AND MISCELLANEOUS TELEPHONE EQUIPMENT; (ADMINISTRATION) Councilmember Peirce stated he is stepping down due to a conflict of interest. Mayor Anderson asked for staff clarification on this proposed bid. Personnel Officer/Risk Manager Ardith Davis reported on the bid process for the installation of a voice mail system and miscellaneous telephone equipment. She introduced Larry Lichti of L.S. Lichti R Associates, who has been a consultant during the initial review of the telephone system proposal results. Mayor Anderson stated he would prefer to go with a local competitor; however, a low bid should be considered. Councilmember Peters stated based on the appropriate noticing, the City should proceed with this proposal. Councilmember Elliott stated a policy should be established that local businesses be notified directly regarding bids for proposal with the City. ® Councilmember Crotzer stated .an outreach to advise local vendors is a good idea in the future. He said the City should proceed with this proposal. 6 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 2000 MOTION: Councilmember Peters moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried with Councilmember Peirce abstaining. (4-0-1) A-6 RESOLUTION NO. 13-00 ESTABLISHING DISABLED PARKING SPACE ON FRONT STREET/NORTH OF HARBOR STREET; (PUBLIC SERVICES) Mayor Anderson stated he is stepping down due to a conflict of interest. Councilmember Elliott stated the parking use should be considered by what is needed most at this location. Councilmember Crotzer stated the availability of access should be provided for those who qualify for handicap parking. Councilmember Peters stated she concurs with the recommendations made by the Public Works Advisory Board. is MOTION: Councilmember Crotzer moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Peters and carved with Mayor Anderson abstaining. (4-0-1) A-9 PROCLAMATION DECLARING MARCH, 2000 AS "GRAND JURY AWARENESS MONTH'; (ADMINISTRATION) Mayor Anderson presented the proclamation to members of the Grand Jury. MOTION: Councilmember Peirce moved the City Council approve Item A-9 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-11 AUTHORIZATION FOR MAYOR TO ATTEND THE C-MANC ANNUAL MEETINGS IN WASHNGTON, D.C.; (HARBOR) Councilmember Crotzer stated he is opposed to this expenditure. He noted there are representatives and lobbyists who can represent the City in Washington, D.C. Harbor Director Rick Algert reviewed the expenditures related to the Mayor's attendance ® to the C-MANC Annual Meetings in Washington, D.C. 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 2000 MOTION: Councilmember Peters moved the City Council approve Item A -I I of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried with Councilmember Crotzer voting no. (4-1) A-12 REVIEW OF PLAN FOR NEW 805 AREA CODE NUMBER; (ADMINISTRATION) Mayor Anderson reviewed this item for public information. Council authorized the Mayor's signature on a letter to the CPUC in opposition to the 805 area code change. MOTION: Councilmember Peters moved the City Council approve Item A-12 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) Mayor Anderson called for a break at 8:15 p.m.; the meeting resumed at 8:32 p.m. ® B. PUBLIC HEARINGS, REPORTS & APPEARANCES - NONE. E C. UNFINISHED BUSINESS C-1 CONSIDERATION OF DUKE ENERGY MODERNIZATION PROJECT MEMORANDUM OF UNDERSTANDING; (PUBLIC SERVICES) Acting Public Services Director Greg Fuz reviewed the revisions made to the Duke Energy Modernization Project Memorandum of Understanding (MOU). He recommended the City Council authorize the Mayor to sign the revised MOU between Duke Energy and the City of Morro Bay upon execution by an authorized representative of Duke Energy Morro Bay. David Madway, Attorney representing the City was available for Council questions. Councilmember Peters reviewed her conversation with CEC Field Manager Robert Haussler. Councilmember Peirce stated he is in support of signing the MOU. He said legal counsel has confirmed that by signing the MOU will not legally bind the City to the project. 11 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 2000 Councilmember Crotzer stated he believes this land can be returned to its natural state. He said he needs to be true to his environmental values, and noted a power plant should not be located on this coastline. Councilmember Crotzer stated we should live lighter on the earth in a sustainable way that doesn't destroy the environment for our children and their children. Councilmember Peters stated in reality this plant is not going to go away. She said the MOU has advantages and she supports the signing of the MOU. Councilmember Peters also stated she supports placing an Advisory Vote on the November 2000 ballot regarding the Duke Energy Modernization Project. Councilmember Elliott stated he supports signing the MOU so that the City can get on with business. Mayor Anderson stated he supports signing the MOU. He said it is time to move forward and participate in the process. Mayor Anderson stated he is committed to placing an Advisory Vote on the November 2000 ballot regarding the Duke Energy Modernization ® Project. MOTION: Councilmember Elliott moved the City Council authorize the Mayor to sign the revised Memorandum of Understanding between Duke Energy and the City of Morro Bay upon execution of the MOU by an authorized representative of Duke Energy Morro Bay. The motion was seconded by Councilmember Peirce and carried with Councilmember Crotzer voting no. (4-1) Mayor Anderson called for a break at 9:34 p.m.; the meeting resumed at 9:53 p.m. The City Council moved the agenda out of order to hear Item D-1 next. C-2 CONSIDERATION OF AD -HOC OUTREACH COMMITTEE RECOMMENDATIONS; (COUNCIL) Councilmember Crotzer recommended Council direct staff to forward the recommendations provided by the Ad -Hoc Outreach Committee to SAIL, Inc. to incorporate with their outreach program. The City Council concurred with Councilmember Crotzer's recommendation. It No further action was taken on this item. 9 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 28, 2000 C-3 CONSIDERATION OF VACANCY ON RECREATION & PARKS COMMISSION; (ADMINISTRATION) The City Council directed staff to advertise the vacancy on the Recreation & Parks Commission, set a deadline to receive applications, and schedule interviews for March 28, 2000. C-4 DISCUSSION ON PLAN TO PLACE THE WORLD'S LARGEST SALT PLANT IN BAJA, MEXICO; (COUNCIL) Councilmember Crotzer requested Council support in opposing the World's largest salt plant in Baja, Mexico proposed by the Mitsubishi Corporation. CouncilmemberPeters stated this plan could have an ecological affect on -our coastline. - MOTION: Councilmember Crotzer moved the City Council direct- staff to draft a resolution in opposition to the placement of the world's largest salt plant in Baja, Mexico. The motion was seconded by Councilmember Peters and ® carried unanimously. (5-0) D. NEW BUSINESS D-1 APPROVAL OF CONTRACT WITH SCIENCE APPLICATION INTERNATIONAL CORPORATION, INC. REGARDING THE PRE - APPLICATION FOR THE DUKE ENERGY MODERNIZATION PLAN Acting Public Services Director Greg Fuz reviewed the contract with Science Application International Corporation, Inc. (SAIC, Inc.) regarding the pre -application for the Duke Energy Modernization Plan. MOTION: Councilmember Elliott moved the City Council authorize the City Manager to execute the contract with SAIC, Inc. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) F. ADJOURNMENT - The meeting adjourned at 10:45 p.m. Recorded by: ® Bridgett Bauer City Clerk 10 ® NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Meeting on Wednesday, February 16, 2000 at 6:00 p•m• to be held in the Veterans' Memorial Building, 209 Surf Street, Morro Bay, California. The City Council will be holding a public hearing in consideration of understanding between Duke Energy and the City of Morro Bay regarding the proposed power plant modernization. DATED: February 11, 2000 Bridgett Ba8pr, City Clerk MINUTES - MORRO BAY CITY COUNCIL ® CONTINUED PUBLIC HEARING - FEBRUARY 16, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson established quorum and called the meeting to order at 6:00 p.m. PRESENT: Rodger Anderson Colby Crotzer Dave Elliott William Peirce Janice Peters STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Greg Fuz Jim Koser Mayor Councilmember Councilmember Councilmember Councilmember Acting City Manager City Attorney City Clerk Acting Public Services Director Finance Director PUBLIC HEARINGS, REPORTS & APPEARANCES CONSIDERATION OF UNDERSTANDING BETWEEN DUKE ENERGY AND THE is CITY OF MORRO BAY REGARDING THE PROPOSED POWER PLANT MODERNIZATION Mayor Anderson stated this is a continued public hearing from the City Council meeting of February 14, 2000. He noted public comments were received at the previous meeting, and this meeting is for Council's review of the proposed Memorandum of Understanding (MOU). Mark Seedhall, representing Duke Energy, reviewed a letter sent to City Attorney Robert Schultz by Duke Energy regarding additional proposed revisions to the draft MOU (attached for the record). The City Council reviewed each page of the draft MOU, and made revisions for staff to incorporate and return for Council's consideration at the next regularly scheduled meeting. Greg Fuz discussed the plant demolition schedule. Mayor Anderson called for a break at 8:13 p.m; the meeting resumed at 8:32 p.m. The City Council addressed representatives of the Air Pollution Control District (APCD) ® regarding air quality in the City of Morro Bay. Council requested language that will state the overall air quality will be improved with the modernization of the plant. Council concurred on the following goals: • Goal to develop a modernization plan, in conjunction with the CEC and San Luis Obispo County APCD, that will result in improved air quality for Morro Bay and the San Luis Obispo County Region. • Goal to develop a modernization plan, in conjunction with the CEC, Regional Water Quality Control Board, and other applicable regulatory agencies, that will result in no significant further detriment to marine resources. Mayor Anderson recommended the City Council place an advisory vote on the November 7, 2000 ballot regarding the modernization of the existing power plant. ADJOURNMENT The meeting adjourned at 9:30 p.m. Recorded by: ® �&,�� Bridgett Bauer City Clerk 11 DUKE ENERGY MORRO BAY LLC ® 1290 Embareadero Road Morro Bay, California 93442 February 16, 2000 Robert W. Schultz, Esq. City Attorney Office of the City Attorney City of Mono Bay Morro Bay, CA 93442 Re: Additional Proposed Revisions to the Draft Memorandum of Understanding ("MOU-) Dear Rob: In follow up to our telephone conference of last week regarding the additional comments to the draft MOU (the "Additional Comments', received by the City of Morro Bay (the "City' from citizens, Council members and City Commissioners (the "Additional ® Comments'o, I am writing to provide you with the response of Duke Energy Morro Bay LLC ("Duke Morro Bay') to the Additional Comments. The Additional Comments were forwarded by your February Sei letter to Mark Seedall, and because of time constraints, Duke Morro Bay's response to the Additional Comments was not incorporated in my previous letter of February 8, 2000 to you. This letter will provide Duke Morro Bay's response to the Additional Comments. LJ Duke Morro Bay believes that it is important, as the City determines whether to support the passage of the MOU on the 28`s of February, for the City to focus on the significant benefits of the MOU to the City as it was initially structured and negotiated between the City staff and representatives of Duke Morro Bay. Those benefits include: (1) the demolition of the existing power plant site — an agreement unprecedented to date in the State of California; (2) the demolition of the existing power plant on a schedule more accelerated than Duke Morro Bay initially proposed; (3) Duke Morro Bay's commitment to make the modernized Morro Bay power plant a more environmentally -sensitive facility; (4) significant financial commitments by Duke Morro Bay to the City, extending for the life of the modernized power plant; and (5) Duke Morro Bay's voluntary agreement to provide for more public input into the AFC process, and at an earlier time, than would normally be available under usual California Energy Commission ("CEC'O protocol and procedures. S00/Z00'd 6EEi# gvo2i Rmna OS55 LZ3 ETI E9:Si 000?19i'933 Robert W. Schultz, Esq. ' City Attorney February 16, 2000 Page 2 of 4 In the interest of time and in an effort to keep this letter focused, I am providing Duke Morro Bay's response to each of the Additional Comments, together with a brief explanation for such response. To the extent a more detailed discussion with you or any other City representative concerning the basis for any of the following would be beneficial, Duke Morro Bay continues to welcome the opportunity to discuss them with you in more detail. With respect to the proposed revisions to Page 6, Lines 4 —14, the revisions suggested to subparagraph (a) are duplicative of "City Issues" already identified and included in the MOU. With respect to the revisions proposed to subparagraph (b), as identified on page 2 of your letter, please be advised that: i. emissions and other impacts on air quality fall within the exclusive jurisdiction of the San Luis Obispo County APCD; ii. water usage falls within the exclusive jurisdiction of the Central Coast RWQCB; iii. impacts on commercial fishing operations will be addressed pursuant to the jurisdiction of the Central Coast RWQCB; iv. Duke Morro Bay agrees that "socio-economics" include tourism as well as public services; and V. impacts on the physical and biological status of the bay and estuary fall within the exclusive jurisdiction of the Central Coast RWQCB. With respect to the changes proposed to Page 6, Lines 16 — 23 of the MOU, Duke believes that the existing pre -application process is workable and will allow the needs of the City and of Duke Morro Bay to be met. In particular, Duke Morro Bay will provide a letter to the City that describes the proposed changes to its AFC prior to the City workshops. Public input will be most valuable, to both the City and Duke Morro Bay, in advance of the formal preparation and submission of the AFC to the CEC by Duke Morro Bay, and City Staff will then have an opportunity to provide its comments on the proposed revisions to the AFC to Council. It should be noted that in this regard, the public will have further opportunities to comment publicly on any matter of concern to any citizen during the CEC process. With respect to the changes proposed to Page 6, Line 25 of the MOU, please refer to the comments provided to Page 6, Lines 16 — 23. With respect to the changes proposed to Page 7, Line 7 of the MOU, the "City Issues" are defined on Pages 3 and 6 of the MOU as previously revised. .® S00/E00'd 6FO# RV93'I 3Nno OSSS LZ9 ETL Eb:ST OOOZ�9T'933 Ell Robert W. Schulte, Esq. City Attorney February 16, 2000 Page 3 of 4 With respect to the changes proposed to Page 7, Line 30 of the MOU, this issue is already addressed in the pre -application process defined by the MOU. With respect to the changes proposed to Page 7, Line 32 of the MOU, the City has this right independent of the MOU. With respect to the proposed change to Page 8, Line 10, Line 20, Line 24 and Line 28 of the MOU, these issues are covered by the Duke Mono Bay/City agreements and the Long Term Master Plan that will be entered into between the City and Duke Morro Bay. In that regard, Duke Morro Bay shall comply with any State and/or Federal laws concerning soil/water contamination. Duke Morro Bay can, and will, comply with all State and/or Federal laws applicable to the facility. With respect to the changes proposed to Page 10, Line 25 of the MOU, please refer to the comments provided immediately above. With respect to the changes proposed to Page 11, Line 2 of the MOU, responsibility for such environmental review rests exclusively with the APCD and the RWQCB. ® With respect to the proposed changes to Page 11, Line 23, Line 24 and Line 25 of the MOU, the intent of the current language in the MOU as to the Intake Structure is for this process to result in a more aesthetically pleasing fapade, and one that is consistent with City guidelines. Due to existing mechanical and technical limitations, the building height cannot be any lower than its current configuration. U With respect to the remaining comments proposed by your letter, please be advised as follows: (a) Duke Morro Bay does not have the flexibility to permit it to "set up a utility company to supply energy to the City." Neither Duke Morro Bay nor its affiliates have the authority or ability to expand their current business enterprises to encompass such an enterprise; and (b) The reconfiguration of the Intake Structure will be considered in the "Alternatives Section" of the AFC, and a wide range of alternative cooling systems will be reviewed by the Central Coast RWQCB on this matter. cnnisnn•a �v.^se -VO7_i 2xna osss cz9 sic 35 st 0002.9:'y21 Robert W. Schultz, Esq_ City Attorney February 16, 2000 Page 4 of 4 Please feel free to contact me, or any of the Duke Morro Bay representatives, directly, in the event you have any questions, or would like additional detail, concerning the foregoing information. Very truly yours, an A. Pearson 1 r.nnirnn•a cccea nW-)an 7vnn nCCC 170 cn bb:CT nnn7.41'333 ® 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - FEBRUARY 14, 2000 CLOSED SESSION - FEBRUARY 14, 2000 CITY HALL CONFERENCE ROOM - 5:00 PA1. 595 HARBOR ST., i1IORRO BAY, CA CS-1 GOVERNNIENT CODE SECTION 54957.6; CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Attorney, the City's ® Designated Representative, for the purpose of reviewing the City's position regarding the terms and compensation paid to the City Manager and giving instruction to the Designated Representative. CS-2 GOVERNNIENT CODE SECTION 54956.9(C): CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter: Parties: City of Morro Bay and Ed Molinari/Marsalek Partnership. Issue: Breach of lease agreement for Lease Site 30W-33 W and 34; The Morro Bay Fuel Dock and adjacent boat slips. CS-3 GOVERNi\IENT CODE SECTION 54956.8; REAL PROPERTY TRANSACTIONS. Instructing the City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to two (2) parcels: 1) Property: Church property/comer of Morro & Beach Street. Negotiating Parties: Christian Scientist Church and City of Morro Bay. Negotiations: Voluntary Purchase and Sale. 2) Property: Vacant lot/Comer of Monterey & Harbor Street. Negotiating Parties: Jorge Family and City of Morro Bay. ® Negotiations: Voluntary Purchase and Sale. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION i1IEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION - FEBRUARY 14, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD_ -_Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: ® • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS OF JANUARY 10, 2000 AND JANUARY 24, 2000, AND THE SPECIAL MEETING OF JANUARY 19, 2000; (ADMINISTRATION) 0 RECOMMENDATION: Approve as submitted. ® A-2 RESOLUTION NO. 06-00 APPROVING THE 1999/2000 FISCAL YEAR MID- YEAR BUDGET AMENDMENTS; (FINANCE) RECOMMENDATION: Adopt Resolution No. 06-00 making certain adjustments to the City's various budgets. A-3 COMPLETION OF METERING MANHOLE PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Accept the project as completed by Whitaker Contractors, Inc., and authorize the riling of a Notice of Completion. A-4 AWARD OF CONTRACT FOR KEISER PARK SHEET PILING PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Award the project contract to Madonna Construction Company in the amount of $46,000.00. A-5 RESOLUTION NO. 10-00 AUTHORIZING SUBMITTAL OF SUSTAINABLE BUILDING GRANT APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD; (PUBLIC SERVICES) ® RECOMMENDATION: Adopt Resolution No. 10-00. A-6 AUTHORIZATION TO ACQUIRE REPLACEMENT VEHICLE UNDER CONTRACT APPROVED FINANCE PROGRAM; (PUBLIC SERVICES) E RECOMMENDATION: Authorize the acquisition of a Building Division vehicle. A-7 RESOLUTION NO. 11-00 URGING SUPPORT FOR FEDERAL EMERGENCY DESIGNATION ON LOCAL FISHING INDUSTRY; (HARBOR) RECOMMENDATION: Adopt Resolution No. 11-00 asking for Federal and State support of emergency assistance to the fishing industry. A-8 RESOLUTION NO. 12-00 N SUPPORT OF A CHANGE N FISH AND GAME AND NATIONAL MARINE FISHERIES REGULATIONS TO ALLOW TRANSPORT OF FISH THROUGH CLOSED AREAS; (HARBOR) RECOMMENDATION: Adopt Resolution No. 12-00 and authorize City officials and staff to advocate changes to State Fish & Game/National Marine Fisheries Service regulations to allow transport of fish through closed areas. 3 ® B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 RESOLUTION NO. 09-00 OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN.PERS AND THE CITY OF MORRO BAY, AND ORDINANCE NO. 481 AUTHORIZING AMENDMENT TO CONTRACT TO ADD MILITARY SERVICE CREDIT AS PUBLIC SERVICE FOR MISCELLANEOUS MEMBERS - FIRST READNG/INTRODUCTION; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 09-00, and approve first reading/ introduction of Ordinance No. 481 to add military service credit as a retirement benefit for miscellaneous members. B-2 CONSIDERATION OF DUKE ENERGY MODERNIZATION PROJECT MEMORANDUM OF UNDERSTANDING THIS PUBLIC HEARING IS SCHEDULED TO BEGIN NO LATER THAN 7:00 PAL RECOMNENDATION: Receive report, open public hearing to accept public testimony, and direct staff accordingly. ® C. UNFINISHED BUSINESS C-1 DISCUSSION ON CURBSIDE RECYCLING TRANSITION PLAN; (ADMINISTRATION) RECOMMENDATION: 1) Authorize staff to negotiate a separate agreement with Morro Bay Garbage Service to provide weekly curbside recycling and green waste collection; 2) restructure the solid waste collection levels of service with minimal cost impacts to customers, including modifications to the existing Solid Waste Franchise Agreement; and 3) direct staff to return to Council with both agreements and implementation schedule for approval. C-2 CONSIDERATION OF AD -HOC OUTREACH COMMITTEE RECOMMENDATIONS RECOMMENDATION: Discuss and direct staff accordingly. D. NEW BUSINESS D-I CONSIDERATION OF VACANCY ON RECREATION & PARKS COMMISSION; (ADMINISTRATION) ® RECOMMENDATION: 1) Direct staff to advertise to rill vacancy on the Recreation & Parks Commission; 2) set deadline to receive applications; and 3) schedule a date to conduct interviews. 4 ® D-2 DISCUSSION ON PLAN TO PLACE THE WORLD'S LARGEST SALT PLANT IN BAJA, MEXICO RECOINIMENDATION: Discuss and direct staff accordingly. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. ® 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 AT CITY HALL, LIBRARY, AND MILLS STATIONERY. 0 INCOMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 5 El 11 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - FEBRUARY 14, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m. PRESENT: STAFF: CLOSED SESSION Rodger Anderson Colby Crotzer Dave Elliott William Peirce Janice Peters Robert Hendrix Robert Schultz Mayor Councilmember Councilmember Councilmember Councilmember Acting City Manager City Attorney MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) Mayor Anderson read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54957.6, CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Attorney, the City's Designated Representative, for the purpose of reviewing the City's position regarding the terms and compensation paid to the City Manager and giving instruction to the Designated Representative. CS-2 GOVERNMENT CODE SECTION 54956.9(C); CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter: Parties: City of Morro Bay and Ed Molinari/Marsalek Partnership. Issue: Breach of lease agreement for Lease Site 30W-33W and 34; The Morro Bay Fuel Dock and adjacent boat slips. CS-3 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY TRANSACTIONS. Instructing the City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to two (2) parcels: 1) Propert : Church property/corner of Morro & Beach Street. Negotiating Parties: Christian Scientist Church and City of Morro Bay. Negotiations: Voluntary Purchase and Sale. 2) Property: Vacant lot/Comer of Monterey & Harbor Street. ® Negotiating Parties: Jorge Family and City of Morro Bay. Negotiations: Voluntary Purchase and Sale. Councilmember Peters left the meeting due to a conflict of interest on Item CS-3. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Elliott and carried unanimously. (4-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m ® PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Bill Boucher Janeen Burlingame Rick Algert Greg Fuz Jeff Jones Jim Koser Joe Loven Andrea Lueker ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY ® MAYOR'S REPORTS & ANNOUNCEMENTS Acting City Manager City Attorney City Clerk Capital Projects Manager Administrative Assistant Harbor Director Acting Public Services Director Fire Chief Finance Director Police Chief Recreation & Parks Director MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - FEBRUARY 14, 2000 CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and took the following action: CS-1 (Government Code Section 54957.6; Conference with Labor Negotiator) - no reportable action was taken; CS-2 (Government Code Section 54956.9(C); Conference with Legal Counsel due to Anticipated Litigation) - the City Council voted unanimously to direct legal counsel to initiate eviction proceedings on the Morro Bay Fuel Dock if the rent is not paid by February 22, 2000; and CS-3 (Government Code Section 54956.8; Real Property Transactions) - no reportable action was taken. PUBLIC COMMENT Robert Davis, member of the Citizen's Bike Committee, requested the City Council update the present bikeway plan to reflect current needs. Laura Hudson asked for Council support in denouncing Proposition 22 (Limit on Marriage). Hank Alberts, President of ACLU, requested Council support in denouncing Proposition ® 21 (Gang Violence). Darrel Brady, Outreach Committee Member, encouraged the City Council to review and consider the outreach measures provided by the Committee. Ellen Sturtz stated the Coastal Alliance is an all volunteer and unfunded organization which has performed extensive research on the Duke Energy plant expansion. She requested donations from those interested in order to continue further research. David Nelson asked if road repairs within the City are planned to be maintained. Harry Rogers addressed Item D-2 (Discussion on Plan to Place the World's Largest Salt Plant in Baja, Mexico) and stated the City Council should leave their business to issues in the City. Robert Tefft requested Council consider scheduling public workshops regarding the Duke Energy Modernization Project, and address a specific issue at each workshop. Angie Miller requested the City Council move ahead with the Duke Energy MOU. Brian Stacy brought in plant samples from his neighborhood in Morro Bay to show damage which is being caused by some unknown pollutant. 3 ® Melody DeMerritt asked for clarification on the tree removals performed by PG&E, and the chain link fence placed along Radcliffe Avenue. Mayor Anderson closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Crotzer requested the consideration of a periodic review of the bike plan be agendized; and also requested discussion on the City's Investment Policy. Councilmember Peters requested the review of the General Plan/Local Coastal Plan update. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS OF JANTUARY 10, 2000 AND JANTUARY 24, 2000, AND THE SPECIAL MEETING OF ® JANUARY 19, 2000; (ADMINISTRATION) RECONMENDATION: Approve as submitted. A-2 RESOLUTION NO. 06-00 APPROVING THE 1999/2000 FISCAL YEAR MID- YEAR BUDGET AMENDMENTS; (FINANCE) RECOMMENDATION: Adopt Resolution No. 06-00 making certain adjustments to the City's various budgets. A-3 COMPLETION OF METERING MANHOLE PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Accept the project as completed by Whitaker Contractors, Inc., and authorize the tiling of a Notice of Completion. A-4 AWARD OF CONTRACT FOR KEISER PARK SHEET PILING PROJECT; (PUBLIC SERVICES) RECONINIENDATION: Award the project contract to Madonna Construction Company in the amount of S46,000.00. 4 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - FEBRUARY 14, 2000 A-5 RESOLUTION NO. 10-00 AUTHORIZNG SUBMITTAL OF SUSTANABLE BUILDING GRANT APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 10-00. A-6 AUTHORIZATION TO ACQUIRE REPLACEMENT VEHICLE UNDER CONTRACT APPROVED FINANCE PROGRAM; (PUBLIC SERVICES) RECONINIENDATION: Authorize the acquisition of a Building Division vehicle. A-7 RESOLUTION NO. 11-00 URGING SUPPORT FOR FEDERAL EMERGENCY DESIGNATION ON LOCAL FISHING INDUSTRY; (HARBOR) RECOMMENDATION: Adopt Resolution No. 11-00 asking for Federal and State support of emergency assistance to the fishing industry. ® A-8 RESOLUTION NO. 12-00 IN SUPPORT OF A CHANGE IN FISH AND GAME AND NATIONAL MARINE FISHERIES REGULATIONS TO ALLOW TRANSPORT OF FISH THROUGH CLOSED AREAS; (HARBOR) RECOMMENDATION: Adopt Resolution No. 12-00 and authorize City officials and staff to advocate changes to State Fish & Game/National Marine Fisheries Service regulations to allow transport of fish through closed areas. Councilmember Crotzer pulled Items A-1 and A-2 from the Consent Calendar; and Mayor Anderson pulled Items A-7 and A-8. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Items A-1, A-2, A-7, and A-8. The motion was seconded by Councilmember Peters and carved unanimously. (5-0) A-1 APPROVAL OF MNUTES FOR THE REGULAR MEETNGS OF JANUARY 10, 2000 AND JANUARY 24, 2000, AND THE SPECIAL MEETING OF JANUARY 19, 2000; (ADMINISTRATION) Councilmember Crotzer pulled the minutes of January 10, 2000, and requested the City Clerk add his comments regarding Item A-7 (Approval of City's Intent to Allow the Bay Foundation to Assume Project Sponsorship of the Morro Bay Habitat Restoration ® Project). 5 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - FEBRUARY 14, 2000 MOTION: Councilmember Crotzer moved the City Council approve Item A-1 with the amendments made to the minutes of January 10, 2000. The motion was seconded by Councilmember Elliott and carved unanimously. (5-0) A-2 RESOLUTION NO. 06-00 APPROVING THE 1999/2000 FISCAL YEAR MID- YEAR BUDGET AMENDMENTS Councilmember Crotzer requested staff clarification on certain amendments proposed for the 1999/2000 fiscal year budget. Staff responded to the various amendments related to their departments. MOTION: Councilmember Crotzer moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-7 RESOLUTION NO. 11-00 URGING SUPPORT FOR FEDERAL EMERGENCY DESIGNATION ON LOCAL FISHING INDUSTRY ® Mayor Anderson reviewed this resolution for public information. MOTION: Mayor Anderson moved the City Council approve Item A-7 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-8 RESOLUTION NO. 12-00 IN SUPPORT OF A CHANGE IN FISH AND GAME AND NATIONAL MARINE FISHERIES REGULATIONS TO ALLOW TRANSPORT OF FISH THROUGH CLOSED AREAS Mayor Anderson stated the adoption of this resolution will allow transported fish through the closed areas which will allow local fishermen to port in Morro Bay. MOTION: Mayor Anderson moved the City Council approve Item A-8 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) Mayor Anderson called for a break at 7:00 p.m.; the meeting resumed at 7:10 p.m. El 0 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - FEBRUARY 14, 2000 I LJ B. PUBLIC HEARINGS, REPORTS R APPEARANCES B-1 RESOLUTION NO. 09-00 OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN PERS AND THE CITY OF MORRO BAY, AND ORDINANCE NO. 481 AUTHORIZING AMENDMENT TO CONTRACT TO ADD MILITARY SERVICE CREDIT AS PUBLIC SERVICE FOR MISCELLANEOUS MEMBERS - FIRST READING/INTRODUCTION; (ADMINISTRATION) Acting City Manager Robert Hendrix stated the Military Service Credit benefit allows a member to purchase up to four years of service credit for any continuous active military or merchant marine service prior to employment with the City. He noted the member must contribute an amount equal to the contribution for any service that the employee and employer would have made with respect to that period of service. Mr. Hendrix recommended the City Council adopt Resolution No. 09-00, and approve the first reading/introduction of Ordinance No. 481 to add military service credit as a retirement benefit for miscellaneous members. Mayor Anderson opened the hearing for public comment; there were no comments, and the public comment hearing was closed. MOTION: Councilmember Peters moved the City Council approve the first reading and introduction of Ordinance No. 481 to add military service credit as a retirement benefit for miscellaneous members. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) MOTION: Councilmember Peters moved the City Council adopt Resolution No. 09- 00 to approve an amendment to contract between PERS and the City of Morro Bay. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) B-2 CONSIDERATION OF DUKE ENERGY MODERNI IZATION PROJECT MEMORANDUM OF UNDERSTANDING Acting Public Director Greg Fuz reviewed the staff report which included public comments regarding specific provisions of the proposed Memorandum of Understanding (,MOU), Duke Energy's response to these comments, and corresponding revisions that have been made to the proposed MOU. He recommended the City Council open the public hearing to accept public testimony, and direct staff accordingly. 7 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - FEBRUARY 14, 2000 David Madway, Special Counsel representing the City, was present for Council questions and clarification on issues relating to the Duke Energy Modernization Project MOU. Brad Portlier, Vice -President of Development for Duke Energy, reviewed the MOU and what it will provide for the City. Bill Hall, Vice -President of Operations for Duke Energy, stated Duke Energy wants to work with the City to make the modernization project a win -win situation. Bob Carr, Director of the Air Pollution Control District, stated he is available for questions. Mayor Anderson opened the hearing for public comment. Tarren Collins, Attorney for the San- Luis Obispo County Chumash Council, reviewed the Salinan/Chumash boundaries that lie within the City of Morro Bay, and requested the City be sensitive to these sacred lands. ® The following people requested the City Council not take action on the Duke Energy Modernization Plant MOU: Don Boatman, Peter Wagner, Barbara Osborne, Richard Smith, Darrel Brady, Jack McCurdy, Joan Carter, Debra Hillard, Nelson Sullivan, Melody DeMerritt, Brian Stacy, Betty Winholtz, Jim Nance, David Nelson, Becka Seymour, Tom Laurie, Robert Tefft, Lionel Johnston, Angie Miller, Jeff Richards, and Jeff O'Dell. The following people requested the City Council take action on the Duke Energy Modernization Plant MOU: Grace Melton and Bob Dixon. Mayor Anderson closed the public comment hearing. Mayor Anderson called for a break at 8:35 p.m.; the meeting resumed at 8:52 p.m. Councilmember Peters suggested the City Council continue this public hearing to Wednesday, February 16, 2000 in order to hear the remaining items on the agenda. MOTION: Councilmember Elliott moved the City Council continue this public hearing to Wednesday, February 16, 2000 at 6:00 p.m. in the Veterans' Memorial Building. The motion was seconded by Councilmember Peirce. ® Councilmember Crotzer stated he is opposed to the continuation of this discussion. f MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - FEBRUARY 14, 2000 Councilmember Peters called for the question. VOTE: The motion carried with Councilmember Crotzer voting no. (4-1). C. UNFNISHED BUSINESS C-1 DISCUSSION ON CURBSIDE RECYCLING TRANSITION PLAN; (ADMNrISTRATION) Administrative Assistant Janeen Burlingame stated this report is based on the City Council's direction to staff on January 10, 2000 to terminate the Curbside Recycling Franchise Agreement with RALCCO Recycling effective April 30, 2000 and develop a transition plan. After reviewing the report, Ms. Burlingame recommended the following: 1) Authorize staff to negotiate a separate agreement with Morro Bay Garbage Service to provide weekly curbside recycling and green waste collection; 2) restructure the solid waste collection levels of service with minimal cost impacts to customers, including ® modifications to the existing Solid Waste Franchise Agreement; and 3) direct staff to return to Council with both agreements and implementation schedule for approval. Pi Bill Worrell, Director of Integrated Waste Management Authority, shared options on waste management. Councilmember Crotzer stated he is opposed to the termination of the curbside recycling service with RALCCO Recycling. He said this issue should be considered by the Public Works Advisory Board for their review and input. Councilmember Elliott noted the termination of recycling service is due to the breach of contract by RALCCO Recycling. Councilmember Peirce stated his personal recycling is not picked up on the scheduled days. Councilmember Peters stated it is important to have input from the City's Boards and Commissions on issues such as this. MOTION: Councilmember Peters moved the City Council go beyond 11:00 p.m. in order to continue with items on the agenda. The motion was seconded by Mayor Anderson and carved with Councilmember Crotzer voting no. (4-1) 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 14, 2000 Tom Martin of Morro Bay Garbage Service reviewed their services for Council information. Mayor Anderson stated more will be recycled with larger recycling bins. MOTION: Councilmember Peters moved the City Council direct staff as follows: 1) authorize staff to negotiate a separate agreement with Morro Bay Garbage Service to provide weekly curbside recycling and green waste collection in an appropriate manner; and 2) return to Council after presentation and discussion with the Public Works Advisory Board, with both agreements and implementation schedule for approval. The motion was seconded by Mayor Anderson. Councilmember Crotzer requested an amendment to the motion to add: "restructure the solid waste collection levels of service with minimal cost impacts to customers, including modifications to the existing Solid Waste Franchise Agreement". ® Councilmember Peters amended her motion to include Councilmember Crotzer's amendment, and Mayor Anderson amended his second. VOTE: The motion carried unanimously. (5-0) C-2 CONSIDERATION OF AD -HOC OUTREACH COMMITTEE RECOMMENDATIONS This item was continued to the February 28, 2000 City Council meeting. D. NEW BUSINESS D-1 CONSIDERATION OF VACANCY ON RECREATION & PARKS COMMISSION; (ADMINISTRATION) This item was continued to the February 28, 2000 City Council meeting. D-2 DISCUSSION ON PLAN TO PLACE THE WORLD'S LARGEST SALT PLANT IN BAJA, MEXICO This item was continued to the February 28, 2000 City Council meeting. 10 MINUTES - MORRO BAY CITY COUNCIL is REGULAR MEETING - FEBRUARY 14, 2000 ADJOURNMENT The meeting adjourned at 11:30 p.m. Recorded by: 1 Q,kkJt/ Bridgett Bauer City Clerk 0 . NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Closed Session Meeting on 1londay, January 31. 2000 at 5:00 p.m. to be held in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be discussing the following matter: GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Attorney, the City's Designated Representative, for the purpose of reviewing the City's position regarding the terms and compensation paid to the City Manager and giving instruction to the Designated Representative. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. El The City Council will adjourn their Closed Session meeting to a Special City Council and All Boards & Commissions Meeting at 6:00 p.m. in the Veterans' Memorial Building located at 209 Surf Street, Morro Bay, California. The topic of this meeting with be the Duke Energy Modernization Project Memorandum of Understanding. DATED: January 27, 2000 Bridgett Bau , City Clerk A SPECIAL MEETING AGENDA CITY OF MORRO BAY CITY COUNCIL AND ALL BOARDS AND COMMISSIONS MONDAY, JANUARY 31, 2000 6: 00 PM VETERAN'S B UILDIVG, 209 SURF STREET A. . Introduction (Mayor Anderson) B. Overview of the Proposed Memorandum of Understanding (Staff) C. Panel Discussions Panel 1 Topics: The MOUProcess, City Issues, Environmental Issues and Public Involvement — • _ How would the local review process outlined in the NIOU work? • What will the role of other public agencies be in the review process? • How would the City manage the proposed pre -application process outlined in the MOU? • Who would the City's technical consultants be and what would their roles be? • What are the local issues that the City would focus on in the pre -application process? How would these local issues be addressed (scoping, project design features and mitigation)? • How are other environmental issues going to be addressed? • Will the project require amendments to the City's General Plan and Local Coastal Plan? • How will the public be able to participate? Public Questions Panel Members: Greg Fuz, Interim Director of Public Services (moderator); Robert Schultz, City Attorney; APCD Representative; David Stone, Project Manager, SAIL, Inc. Pane12: Topics: Legal Issues and Proposed Terms of the MOU • What is the legal status of the non -binding MOU? • What is the extent of the City's discretion and permit authority for this project with and without the proposed MOU? • What is the process for making the commitments in the MOU binding upon Duke and the City? • What is the Outfall Agreement and what is its relationship to the Duke Project? • What are the terms of the Outfall Agreement now and what will the process be for considering renewal of the Outfall Agreement? How do these terms compare to terms in similar agreements in other jurisdictions? • . What are the financial terms of the proposed MOU? • What payments did the City receive from PGE before Duke acquired the plant and what payments does the City expect to receive in the future if the Duke project does or does not proceed? • How can the City be sure that Duke will abide by its commitments? Public Questions Panel Members: Robert Schultz, City Attorney (moderator), David Madway, Special Legal Counsel for the City, Jim Koser, City Finance Director, Greg Fuz, Interim Public Services Director ® D. City Council, Boards and Commissions Discussion E. General Public Comment 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public REGULAR MEETING - JANUARY 24, 2000 CLOSED SESSION - JANUARY 24, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA ® CS-1 GOVERNMENT CODE SECTION 54956.9(A): CONFERENCE NVITH LEGAL COUNSEL REGARDING PENDING LITIGATION. STATUS REPORT ON ALL PENDING LITIGATION. This is a staff report on status and no action may be taken on any matter not specifically listed. Council may request a specific matter be agendized in the future for action. CS-2 GOVERNMENT CODE SECTION 54957 6• CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Attorney, the City's Designated Representative, for the purpose of reviewing the City's position regarding the terms and compensation paid to the City Manager and giving instruction to the Designated Representative. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. 0 ® PUBLIC SESSION - JANU.ARY 24, 2000 VETERANS TMEMORLAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: ® • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF JANTUARY 10, 2000; (ADMINISTRATION) - THIS ITEM HAS BEEN PULLED FRONI THE AGENDA. P ® A-2 CASH & INVESTMENT REPORT - DECEMBER 1999; (FINANCE RECOMMENDATION: Receive report for information. A-3 EXPENDITURE REPORT - DECEMBER 1999; (FINANCE) RECOMNENDATION: Approve report as submitted. A-4 RESOLUTION NO. 07-00 APPROVING THE NOTICE OF COMPLETIONr FOR THE CITY DOCK RECONSTRUCTION PROJECT; (HARBOR) RECOMMENDATION: Adopt Resolution No. 07-00. A-5 AWARD OF CONTRACT FOR PURCHASE OF ASPHALT PATCHING TRUCK; (PUBLIC SERVICES) RECOMMENDATION: Award the purchase contract to Central Valley Truck Center in the amount of S63,312.89. A-6 EXTENSION OF LEASE AGREEMENT FOR PUBLIC SERVICES BUILDING AT 590 MORRO BAY BOULEVARD; (CITY ATTORNEY) ® RECOMMENDATION: Approve a six-month extension to the lease agreement for the Public Services building at 590 Nlorro Bay Boulevard. A-7 RESOLUTION NO. 08-00 APPROVING THE PUBLIC RESTROOM ACCESS AGREEMENT ON LEASE SITE 93-95/93W-95W - (HELD/901-915 EMBARCADERO); (HARBOR) RECON'IIMENDATION: Adopt Resolution No. 08-00 authorizing a S4,000 annual rent credit until June 30, 2003 on the lease agreement for Lease Site 93-95- 93W-95W in consideration of providing public restrooms on the site. A-8 PROCLAMATION DECLARING SPAY DAY USA 2000; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. A-9 PROCLAMATION IN RECOGNITION OF FEBRUARY 2, 2000 AS "THIRD ANNUAL NATIONAL GROUNDHOG DAY'; (POLICE) RECONINIENDATION: Adopt Proclamation. 3 A-10 PROCLAMATION IN SUPPORT OF "GLOBAL PEACE NOW'; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS REPORTS & APPEARANCES B-I APPEAL OF PLANNING COMMISSION APPROVAL OF CUP 42-99/CDP 65- 99R. AND APPROVAL OF MITIGATED NEGATIVE DECLARATION; (APPLICANT: SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT/SITE: 235 ATASCADERO ROAD); (PUBLIC SERVICES) RECOMMENDATION: Uphold the Planning Commission's conditional approval. B-2 RESOLUTION NO. 05-00 APPROVING THE 1999 ANNUAL WATER PROGRESS REPORT AND ADOPTING A WATER ALLOCATION PROGRAM FOR 2000; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 05-00. C. UNFNISHED BUSINESS C-1 ORDNANCE NO. 480 IMPLEMENTING REVISIONS TO CHAPTER 7 (ANIMAL CONTROL SECTION) OF THE MORRO BAY MUNICIPAL CODE; SECOND READING/ADOPTION; (POLICE) RECOMMENDATION: Approve second reading and adoption of Ordinance No. 480. C-2 RESOLUTION NO. 04-00 N SUPPORT OF THE POLICY ON DEDICATION OF TREES, BENCHES AND PLAQUES IN PUBLIC PARKS AND PUBLIC PARKWAYS; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 04-00 which supports a policy and cost schedule for the dedication of trees, benches and plaques in public parks and public parkways. C-3 REVIEW OF DUKE ENERGY MODERNIZATION PROJECT MEMORANDUM OF UNDERSTANDING, AND OUTREACH COMMITTEE REPORT; (PUBLIC SERVICES) RECOMMENDATION: Receive report for information. 171 4 ® D. NEW BUSINESS D-1 RESOLUTION NO. 06-00 APPROVING THE 1999/2000 FISCAL YEAR MID- YEAR BUDGET AMENDMENTS; (FINANCE) RECONEMENDATION: Adopt Resolution No. 06-00. D-2 STATUS REPORT ON PENDING LITIGATION; (CITY ATTORNEY) RECONE MENDATION: Receive report for information. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. 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 AT CITY HALL, LIBRARY, AND MILLS STATIONERY. r;1 IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN'A CITY MEETING, PLEASE CONTACT THE CITY" CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. C ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JANUARY 24, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix Acting City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peters moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) Mayor Anderson read the Closed Session statement. ® CS-1 GOVERNMENT CODE SECTION 54956.9(A); CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. STATUS REPORT ON ALL PENDING LITIGATION. This is a staff report on status and no action may be taken on any matter not specifically listed. Council may request a specific matter be agendized in the future for action. CS-2 GOVERNMENT CODE SECTION 54957.6, CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Attorney, the City's Designated Representative, for the purpose of reviewing the City's position regarding the terms and compensation paid to the City Manager and giving instruction to the Designated Representative. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:55 p.m. MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) The meeting adjourned at 5:55 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Bill Boucher Rick Algert Greg Fuz Jeff Jones Jim Koser Joe Loven Andrea Lueker Shauna Nauman Acting City Manager City Attorney City Clerk Capital Projects Manager Harbor Director Acting Public Services Director Fire Chief Finance Director Police Chief Recreation & Parks Director Planning Manager ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz stated the City Council met in Closed Session and no reportable action was taken. PUBLIC COMMENT David Chang, Advisor for International Relations of Inchon Metropolitan City in South Korea stated he would like to bring representatives from his organization to visit Morro Bay. The following people requested the City Council not take action on signing the Duke Energy Memorandum of Understanding (MOU) until further review and public input is received: Susan Mullen, Peter Wagner, Henrietta Groot, Melody DeMerritt, Don Boatman, Meredith Bates, Mr. Quigley, Todd Barnes, and Jim Nance. 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 2000 The following people requested the City Council take action on the Duke Energy Memorandum of Understanding: Bill Woodson, Mary Leizear, Chuck Meissner, Gary Johnson, Gary Ryan, and Barbara Playan. Andrea Resh, Cal Poly Student (Environmental Engineer) reported on her findings regarding the Duke Energy Modernization Project. Irvin Tate representing the Duke Energy employees addressed the economic value of the Duke Energy Power Plant. Mark Seedhall, representing Duke Energy stated the MOU offers process and guidelines to pursue a better future for the City. Brian Stacy stated the present power plant still shoots out emissions which causes car paint damage. Kim Kimball, Director of Chamber of Commerce addressed the survey conducted by the Chamber of Commerce regarding Duke Energy. is The following people expressed support for the survey regarding the Duke Energy Project conducted by the Chamber of Commerce: Jack Hansen, John Baker, and Bill Olson. The following people expressed concern with the approach of the survey regarding the Duke Energy Project conducted by the Chamber of Commerce: Darrel Brady, Grace Dean, David Nelson, and Tracy Caulker. Al Toone addressed an amendment which needs to be placed in the Duke Energy MOU regarding Units 3 and 4. Charles Palmer discussed technical information on how a power plant operates. The following people expressed concern with the proposed revisions to the Animal Control Section of the Morro Bay Municipal Code: Jim Warner, Tracy Caulker, and Jim Nance. Steve Grindrod stated the mandatory leash law needs to be in force due to uncontrollable dogs. The following people expressed support for the application made by the San Luis Coastal ® Unified School District for improved athletic fields at Morro Bay High School: Todd Barnes and Barbara Playan. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 2000 Dennis Capria stated there are between 1,500-1,600 homes remaining in the City to retrofit. Barbara Playan stated retrofit toilets are not efficient, and the water bills are too high especially for seniors on limited incomes. John Barta stated bulk mailing is affordable to send information to the citizens. Nancy Barta, Chair SLO Health Commission, announced the next Health Commission meeting. Mayor Anderson closed the public comment hearing. Mayor Anderson called for a break at 7:45 p.m.; the meeting resumed at 7:56 p.m. DECLARATION OF FUTURE AGENDA ITEMS - None. is A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF JANUARY 10, 2000; (ADMINISTRATION) - THIS ITEM HAS BEEN PULLED FRONI THE AGENDA. A-2 CASH & INVESTMENT REPORT - DECEMBER 1999; (FINANCE RECOMMENDATION: Receive report for information. A-3 EXPENDITURE REPORT - DECEMBER 1999; (FINANCE) RECOMMENDATION: Approve report as submitted. A-4 RESOLUTION NO. 07-00 APPROVNG THE NOTICE OF COMPLETION FOR THE CITY DOCK RECONSTRUCTION PROJECT; (HARBOR) RECOMMENDATION: Adopt Resolution No. 07-00. 4 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 2000 A-5 AWARD OF CONTRACT FOR PURCHASE OF ASPHALT PATCHENG TRUCK; (PUBLIC SERVICES) RECOINI IENDATION: Award the purchase contract to Central Valley Truck Center in the amount of S63,312.89. A-6 EXTENSION OF LEASE AGREEMENT FOR PUBLIC SERVICES BUILDING AT 590 MORRO BAY BOULEVARD; (CITY ATTORNEY) RECONIMENDATION: Approve a six-month extension to the lease agreement for the Public Services building at 590 Morro Bay Boulevard. A-7 RESOLUTION NO. 08-00 APPROVING THE PUBLIC RESTROOM ACCESS AGREEMENT ON LEASE SITE 93-95/93W-95W - (HELD/901-915 EMBARCADERO); (HARBOR) RECOMMENDATION: Adopt Resolution No. 08-00 authorizing a S4,000 annual rent credit until June 30, 2003 on the lease agreement for Lease Site 93-95- ® 93W-95W in consideration of providing public restrooms on the site. A-8 PROCLAMATION DECLARING SPAY DAY USA 2000; (ADMINISTRATION) RECOM IENDATION: Adopt Proclamation. A-9 PROCLAMATION IN RECOGNITION OF FEBRUARY 2, 2000 AS "THIRD ANNUAL NATIONAL GROUNDHOG DAY'; (POLICE) RECONENIENDATION: Adopt Proclamation. A-10 PROCLAMATION fN SUPPORT OF "GLOBAL PEACE NOW'; (ADMI\ISTRATION) RECOMMENDATION: Adopt Proclamation. Mayor Anderson pulled Items A-7 and A-9 from the Consent Calendar; Councilmember Crotzer pulled Item A-10. MOTION: Councilmember Peirce moved the City Council approve the Consent ® Calendar with the exception of Item A-7, A-9 and A-10. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 2000 A-7 RESOLUTION NO. 08-00 APPROVING THE PUBLIC RESTROOM ACCESS AGREEMENT ON LEASE SITE 93-95/93W-95W - (HELD/901-915 EMBARCADERO) Mayor Anderson stepped down due to a conflict of interest. MOTION: Councilmember Crotzer moved the City Council approve Item A-7 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried with Mayor Anderson stepping down due to a conflict of interest. (4-0-1) A-9 PROCLAMATION N RECOGNITION OF FEBRUARY 2, 2000 AS "THIRD ANNUAL NATIONAL GROUNDHOG DAY'; (POLICE) Mayor Anderson reviewed this proclamation for public information. Police Chief Joe Loven presented the proclamation to Pete Zotovich, Vice -Principal of Morro Bay High School, in honor of "Job Shadow Day" where students spend a day on a work site. ® MOTION: Councilmember Crotzer moved the City Council approve Item A-9 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-10 PROCLAMATION N SUPPORT OF "GLOBAL PEACE NOW'; (ADMINISTRATION) Councilmember Crotzer reviewed this proclamation for public information. MOTION: Councilmember Crotzer moved the City Council approve Item A-10 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 APPEAL OF PLANNING COMMISSION APPROVAL OF CUP 42-99/CDP 65- 99R, AND APPROVAL OF MITIGATED NEGATIVE DECLARATION; (APPLICANT: SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT SITE: 235 ATASCADERO ROAD); (PUBLIC SERVICES) Planning Manager Shauna Nauman reviewed the appeal to the Planning Commission approval of CUP 42-99/CDP 65-99R to rehabilitate and construct multiple sports fields and basketball courts with lighting fixtures, including the removal of approximately 1,000 C ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 2000 lineal feet of cypress trees and shrubs at the Morro Bay High School (MBHS). Ms. Nauman recommended the City Council deny the appeal and uphold the Planning Commission's approval of this proposed project. Mayor Anderson opened the hearing for public comment. Carol Florence of Oasis Associates, Inc., representing San Luis Coastal Unified School District (SLCUSD), reviewed the plans submitted for the athletic fields at MBHS. The following people requested Council support in denying the appeal and upholding the Planning Commission's approval of the proposed athletic fields at MBHS: Matt Epler, student at MBHS, King Scofield, Athletic Director at MBHS, Greg Wilson Bob Herron, and Rory Livingston, representing SLCUSD. Steve Ennex, property owner in the Cloister's subdivision, stated some of the homes in this subdivision are built around views which could be blocked by trees. He requested a notice be sent to the Cloister's property owners when trees are proposed to be planted. ® Steve Stevens, Cloisters property owner, requested consideration of the placement of the lighting at the new athletic fields, and its affect on the homes located nearby. Mayor Anderson closed the public comment hearing. Consensus of the City Council was in support of denying the appeal and upholding the Planning Commission's approval of the proposed athletic fields. MOTION: Councilmember Elliott moved the City Council deny the appeal of the Planning Commission's decision, thereby affirming the Planning Commission's action to approve with conditions CUP 42-99/CDP 65-99. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) B-2 RESOLUTION NO. 05-00 APPROVING THE 1999 Ai i AL WATER PROGRESS REPORT AND ADOPTING A WATER ALLOCATION PROGRAM FOR 2000; (PUBLIC SERVICES) Planning Manager Shauna Nauman reviewed the 1999 Annual Water Progress Report and recommendations for the Water Allocation Program for 2000. Ms. Nauman recommended the City Council adopt Resolution No. 05-00 approving the 1999 Annual ® Water Progress Report and adopting the Annual Water Allocation Program for 2000. 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 2000 Mayor Anderson opened the hearing for public comment; there were no comments, and the public comment period was closed. Councilmember Crotzer addressed issues related to Measure F which sets limits on the number of single-family and multi -family building permits allowed to be issued in a calendar year. He stated Resolution No. 05-00 does not provide enough information relating to the City's water allocation, and requested further information be provided on unaccounted water usage, review of population figures in the City, new housing structures v. population growth, and City Attorney review of re -retrofitting on homes previously retrofitted to 3.5 gallon toilets. Councilmember Peirce stated there has been no dramatic water usage in the City, and water conservation is still being pursued. There were no further comments. MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 05-00 approving the 1999 Annual Water Progress Report and adopting the Annual ® Water Allocation Program for 2000. The motion was seconded by Councilmember Peirce and carried with Councilmember Crotzer voting no. (4-1) C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 480 IMPLEMENTING REVISIONS TO CHAPTER 7 (AN MAL CONTROL SECTION) OF THE MORRO BAY MUNICIPAL CODE; SECOND READING/ADOPTION; (POLICE) Police Chief Joe Leven presented Ordinance No. 480 to the City Council for second reading and adoption. Mayor Anderson requested the leash law portion of this ordinance be further reviewed. Councilmember Elliott stated he supports Ordinance No. 480 as submitted by staff. Councilmember Peters stated she supports the leash law or having a contained off -leash dog park. She also asked about the clean-up portion of this ordinance, and how it relates to trespassing on private property. Chief Loven responded this law does not allow trespassing on private property; however, if possible it would be wise to obtain the ® property owner's permission before entering their property 8 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANTUARY 24, 2000 Councilmember Peirce also requested further review of the leash law. Councilmember Crotzer asked about the leash law on the State beach areas. Chief Loven stated State Parks does have a leash law ordinance; however, it is not regularly enforced by State Park personnel. Mayor Anderson recommended amendment to Section 7.08.020 (leash law) as follows: take strike -out and replace the language "... or unless the dog is at "heel" beside a competent person and obedient to that person's command. Dogs or other animals in public parks shall be securely leashed ... ". MOTION: Mayor Anderson moved to approve the second reading and adoption of Ordinance No. 480 implementing revisions to Chapter 7 (Animal Control Section) of the Morro Bay Municipal Code, with the revisions to Section 7.08.020 (leash law). The motion was seconded by Councilmember Peirce and failed with Councilmember Crotzer, Councilmember Elliott and Councilmember Peters voting no. (2-3) ® MOTION: Councilmember Elliott moved the City Council approve the second reading and adoption of Ordinance No. 480 implementing revisions to Chapter 7 (Animal Control Section) of the Morro Bay Municipal Code. The motion was seconded by Councilmember Peters and carried with Mayor Anderson and Councilmember Peirce voting no. Acting City Manager Robert Hendrix read Ordinance No. 480 by title and number only. C-2 RESOLUTION NO. 04-00 IN SUPPORT OF THE POLICY ON DEDICATION OF TREES, BENCHES AND PLAQUES IN PUBLIC PARKS AND PUBLIC PARKWAYS; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker reviewed the policy regarding special dedication of trees and benches with a personalized plaque in public parks and public parkways. Ms. Lueker recommended the City Council adopt Resolution No. 04-00 which supports a policy and cost schedule for the dedication of trees, benches and plaques in public parks and public parkways. Councilmember Elliott stated the proposed fees are too high which may discourage the dedication of a tree or plaque. Councilmember Crotzer stated there should be no charge for dedicating a tree, and replacement fees for damaged trees or benches should be reasonable. Z ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 2000 There were no further comments. MOTION: Councilmember Crotzer moved the City Council adopt Resolution No. 04-00 which supports a policy and cost schedule for the dedication of trees, benches and plaques in public parks and public parkways. The motion was seconded by Councilmember Peters and carried with Councilmember Elliott voting no. (4-1) Mayor Anderson called for a break at 9:40 p.m.; the meeting resumed at 9:50 p.m. C-3 REVIEW OF DUKE ENERGY MODERNIZATION PROJECT MEMORANDUM OF UNDERSTANDING, AND OUTREACH COMMITTEE REPORT; (PUBLIC SERVICES) Acting Public Services Director Greg Fuz reviewed the draft Duke Energy Modernization Project MOU. He stated on January 13, 2000 a draft of the proposed MOU between Duke Energy and the City of Morro Bay was released for public review. Mr. Fuz said the draft MOU is a non -binding document that is intended to provide a roadmap for the ® City's participation in the review process for the proposed modernization project. He recommended the City Council receive the status report for information, and continue consideration of the proposed MOU to the January 31, 2000 special all boards and commissions meeting. Councilmember Crotzer reviewed the recommendations of the Outreach Ad -Hoc Committee. MOTION: Councilmember Peters moved the City Council request AGP Video to make a video of the presentation made at this meeting by Greg Fuz on the Duke Energy Memorandum of Understanding, and the cost is not to exceed 5100. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) Council continued further discussion of the Duke Energy Memorandum of Understanding to the special meeting scheduled for January 31, 2000. D. NEW BUSINESS D-1 RESOLUTION NO. 06-00 APPROVING THE 1999/2000 FISCAL YEAR MID- YEAR BUDGET AMENDMENTS; (FNANCE) '® This item was continued to the February 14, 2000 City Council meeting. 10 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 24, 2000 D-2 STATUS REPORT ON PENDING LITIGATION; (CITY ATTORNEY) This item was continued to the February 14, 2000 City Council meeting. F. ADJOURNMENT The meeting adjourned at 11:02 p.m. Recorded by: Bridgett Bauer City Clerk El 11 ® NOTICE OF SPECIAL MEETING Ell NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Meeting on Wednesday, January 19, 2000 at 6:00 p.m. to be held in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be conducting interviews in order to fill various vacancies on City Commissions and Advisory Boards. DATED: January 13, 2000 Bridgett Ba r, City Clerk 7j; MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - JANUARY 19, 2000 CITY HALL CONFERENCE ROOM - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m. PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix Acting City Manager INTERVIEW OF APPLICANTS The City Council interviewed the following applicants for Planning Commission: John Barta, Bonita Chumey, Barry Dorfman, Roger Ewing, Robert Tefft, and Bill Woodson. The City Council interviewed the following applicant for Recreation R Parks Commission: Bonita Chumey. The City Council interviewed the following applicants for Public Works Advisory Board: Barry Dorfman, Andrew Foster, Louie Quade, Bill Ullum, and Bill Woodson. The City Council interviewed the following applicants for Community Promotions Committee: Meredith Bates and Jon Wordsworth. APPOINTMENT OF MEMBERS A. Planning Commission (i vacancy) The City Council voted as follows: Mayor Anderson: John Barta Councilmember Crotzer: Robert Tefft Councilmember Elliott: John Barta Councilmember Peirce: John Barta Councilmember Peters: Roger Ewing Appointment was made by ballot. The following appointment was made: John Barta for a four-year term. ® MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - JANUARY 19, 2000 B. Recreation & Parks Commission (2 vacancies) MOTION: Councilmember Peters moved the City Council appoint Bonita Chumey to a four-year term on the Recreation & Parks Commission. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) One vacancy still remains. C. Public Works Advisory Board (2 vacancies) The City Council voted as follows: Mayor Anderson: Andrew Foster, Bill Ullum Councilmember Crotzer: Barry Dorfman, Bill Woodson Councilmember Elliott: Andrew Foster, Bill Ullum Councilmember Peirce: Bill Ullum, Bill Woodson Councilmember Peters: Barry Dorfman, Bill Woodson is and were made by ballot. The following appointments were made: Bill Ullum and Bill Woodson for a four-year term. D. Commhnity Promotions Committee The City Council voted as follows: Mayor Anderson: Meredith Bates Councilmember Crotzer: Meredith Bates Councilmember Elliott: John Wordsworth Councilmember Peirce: John Wordsworth Councilmember Peters: Meredith Bates Appointment was made by ballot. The following appointment was made: Meredith Bates for a three-year term. ADJOURNNMENT MOTION: Councilmember Peirce moved the City Council adjourn the meeting. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) ® The meeting adjourned at 10:00 p.m. I ® 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. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - JANUARY 10, 2000 CLOSED SESSION - JANUARY 10, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA ® CS-1 GOVERNMENT CODE SECTION 54957.6. CONFERENCE WITH LABOR NEGOTIATOR Conference with City Attorney, the City's Designated Representative, for the purpose of reviewing the City's position regarding the terms and compensation paid to the City Manager and giving instructions to the Designated Representative. CS-2 GOVERNMENT CODE SECTION 54956.9 B( _)_: CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one matter. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. 11 0 PUBLIC SESSION - JANUARY 10, 2000 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANrCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: ® • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. Il COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF DECEMBER 13, 1999; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. 2 A-2 STATEMENT OF CASH R INVESTMENTS FOR NOVEMBER 1999; ® (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT FOR NOVEMBER 1999; (FINANCE) RECON'EMENDATION: Approve as submitted. A-4 RESOLUTION NO. 01-00 ADOPTING THE CITY INVESTMENT POLICY; (FINANCE) RECOi1'IMENDATION: Adopt Resolution No. 01-00. A-5 APPROVAL OF JOB DESCRIPTION AMENDMENTS DUE TO NEW SALARY SCHEDULE; (ADMINISTRATION) RECONIMENDATION: Approve the amendments to job descriptions for Civil Engineer, Capital Projects Manager, Building Official, and Office Assistant III. A-6 PROPOSAL TO MODIFY PARS RETIREMENT SYSTEM PLAN AND isRECOMMENDED FUNDING CHANGE; (FINANCE) RECONIMENDATION: Authorize the Finance Director to modify the PARS Retirement Plan by transferring the funding for the on -going administrative costs from the plan's assets to the City's operating budget. A-7 APPROVAL OF CITY'S INTENT TO ALLOW THE BAY FOUNDATION TO ASSUME PROJECT SPONSORSHIP OF THE MORRO BAY HABITAT RESTORATION PROJECT; (HARBOR) RECOYIiNIENDATION: Authorize the Mayor to sign correspondence to the Army Corps of Engineers transferring local sponsorship of the Morro Bay Habitat Restoration Project to the Bay Foundation; and authorize staff to continue support for the project in the project sponsor coalition. A-8 RESOLUTION NO. 03-00 APPROVING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITE 82-85/82W-85W; (HARBOR) RECOD'IMENDATION: Adopt Resolution No. 03-00 authorizing assignment of 1/3 interest in the lease agreement for Lease Site 82-85/82W-85W from John it.King to Douglass Redican, dba Rose's Landing, Inc. 3 A-9 RESOLUTION NO. 02-00 AWARDING STREET REHABILITATION G. PROJECT CONTRACT; (ADMINISTRATION) RECOMN'IENDATION: Adopt Resolution No. 02-00 awarding Street Rehabilitation Projects contract to R. Burke Corporation in the amount of 5771,169.80. B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 ORDINANCE NO. 480 IMPLEMENTING REVISIONS TO CHAPTER 7 (ANIMAL CONTROL SECTION) OF THE MORRO BAY MUNICIPAL CODE - FIRST READINGANTRODUCTION; (POLICE) RECOMMENDATION: Approve first reading and introduction of Ordinance No. 480. C. UNFINISHED BUSINESS C-1 REVIEW OF DUKE ENERGY MODERNIZATION PROJECT MEMORANDUM OF UNDERSTANDING; (PUBLIC SERVICES) ® RECOMNENDATION: Receive report for information. D. NEW BUSINESS 0 D-1 REVIEW OF RALCCO RECYCLING NOTICE OF BREACH ISSUES AND CONSIDERATION TO TERMINATE THE CURBSIDE RECYCLING FRANCHISE AGREEMENT WITH RALCCO RECYCLING RECOMMENDATION: Review the information regarding the issues involved with the Notification of Breach to RALCCO Recycling, and direct staff accordingly. D-2 RESOLUTION NO. 04-00 SUPPORTING CMANC POSITION ON THE MARINE SANCTUARY ACT REAUTHORIZATION; (HARBOR) RECOMMENDATION: Adopt Resolution No. 04-00 supporting reauthorization of the Marine Sanctuary Act with recommendations for changes to improve management of the sanctuary program. 4 ® E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. 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 AT CITY HALL, LIBRARY, AND MILLS STATIONERY. ® IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 5 ®, MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JANUARY 10, 2000 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix Acting City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Elliott moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) Mayor Anderson read the Closed Session statement. ® CS-1 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH LABOR NEGOTIATOR Conference with City Attorney, the City's Designated Representative, for the purpose of reviewing the City's position regarding the terms and compensation paid to the City Manager and giving instructions to the Designated Representative. CS-2 GOVERIMMENT CODE SECTION 54956.9(B); CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one matter. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:55 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) The meeting adjourned at 5:55 p.m. E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETNG - JANUARY 10, 2000 VETERAN'S MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Bill Boucher Janeen Burlingame Rick Algert Greg Fuz Mike Pond Jim Koser Joe Loven Andrea Lueker Acting City Manager City Attorney City Clerk Capital Projects Manager Administrative Assistant Harbor Director Acting Public Services Director Acting Fire Chief Finance Director Police Chief Recreation & Parks Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session and no reportable action was taken. PUBLIC COMMENT The following people addressed Item D-2 (Resolution No. 04-00 Supporting CMANC Position on the Marine Sanctuary Act Reauthorization): Roger Ewing requested Council support in maintaining the marine sanctuary status. He asked Council to not take action on this item without first obtaining public input. Betty Winholtz stated the proposed adequate funding for this issue is too limiting. She also requested Council delay in taking action until more information is received, and public input is heard. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 10, 2000 Joan Carter stated this is a county -wide issue, and the City should be in support of Morro Bay being a marine sanctuary. Barry Dorfman requested Council take no action until further information is received regarding potential impacts. Pat Veesart, Executive Director of EOC, stated a marine sanctuary will protect the habitat for better fishing. She said there should be county -wide support on this issue. Nancy Dunn requested an open forum be held regarding marine sanctuary. Terren Collins, attorney representing the Sierra Club Santa Lucia Chapter, urged Council support for the marine sanctuary. Darby Neil, Virg's Fishing, expressed concern with the proposed marine sanctuary and urged Council to support the fishing industry. Kevin Frankeiser, Virg's Fishing, stated the fishing industry has taken a large cut due to ® the restrictions placed on this industry. Jack Hansen requested Council contact the Harbor Master in Moss Landing and surrounding areas regarding the proposed marine sanctuary. Steve Moore, Avila Beach, stated a marine sanctuary would create a financial hardship on the fishing industry. Kim Kimball, Morro Bay Chamber of Commerce, requested Council support on both the state and federal levels of this proposed marine sanctuary. She also thanked those who made the "Clean Sweep" a successful event. Orville Osborn expressed support for the marine sanctuary. Marla Morrisey, Steelhead and Stream Recovery Coalition, requested Council support for the Marine Sanctuary in Morro Bay. Melody DeMerritt expressed support for the marine sanctuary. She also stated more discussion is needed on the Duke Energy MOU. Holly Sletteland, Conservation Chair for the Sierra Club Santa Lucia Chapter, requested ® Council support for the marine sanctuary in San Luis Obispo County. She noted the marine sanctuary in Monterey did not impact the fishermen. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 10, 2000 Kat McConnell expressed concern with the exclusion of Morro Bay as a designated marine sanctuary stating the designation is an act of Congress. Pete Evans expressed support for the marine sanctuary. Jack McCurdy stated a petition has been circulated in support of a marine sanctuary. He noted oil leases are not blocked by the marine sanctuary. The following people addressed Item C-1 (Review of Duke Energy Modernization Project Memorandum of Understanding: Don Boatman, Coastal Alliance on Plant Expansion, requested Council not take action on the MOU until all issues are resolved. He reviewed the environmental review process. David Nelson, Coastal Alliance, stated the impacts on air and water pollution should be evaluated prior to the signing of the MOU. ® Nelson Sullivan, Coastal Alliance, stated a citizen outreach program should be implemented regarding this proposed project. Patty Dunton, Coastal Alliance, expressed the importance of public participation on the Duke Energy project. Mark Seedhall, Duke Energy, thanked the City for a successful round -table discussion on the Duke Energy Modernization Project. Michael O'Connell stated he received his mailer on the workshop late and was unable to participate. He did express concern with the proposed project. Henrietta Groot stated project alternatives and modifications need to be considered prior to signing the MOU. Bill Hall, Vice President of Duke Energy Operations, stated Duke Energy would like to conduct more workshops for further public awareness. Gary Wiley, Air Pollution Control District, announced APCD will be holding office hours to discuss air quality concerns. He said office hours will be held at the Public Services Department starting January 24th at 3:45 p.m. 4 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 10, 2000 Nattalia Merzoyan expressed support for the marine sanctuary. She also addressed concerns with the pollutants that may be caused by the Duke Energy expansion. John Barta addressed the following issues related to the Duke Energy Plant Expansion: obey environmental rules; pay special attention to health impacts; discuss the removal of the existing stacks and plant, and underground utility corridor; and financial benefit for the future. Meredith Bates stated further review is needed relating to the scientific matters regarding the Duke Energy project. Gary Johnson referred to the Duke Energy project and stated let's wrap it up and get on with business. Nancy Castle reviewed the last Duke Energy Workshop at the perspective of the filming crew of Channel 54. ® Ernie Miller expressed support for the Duke Energy plant expansion project. Sandy Hilo expressed support for the Duke Energy plant expansion project. Al Toon addressed air emission issues relating to Duke Energy. Ellen Sturtz requested Council delay making a decision before obtaining more information on the plant expansion project. Mayor Anderson closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Crotzer requested to agendize the plan to put the world's largest salt plant in Baja, Mexico. Councilmember Peters requested to agendize the approval of a field trip to visit another energy plant expansion site which is located in Crocket, California. Mayor Anderson requested to agendize the Federal Emergency Designation on Local Fishing Industry `® Mayor Anderson called for a break at 8:02 p.m.; the meeting resumed at 8:15 p.m. 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 10, 2000 A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF DECEMBER 13, 1999; (ADMINISTRATION) RECONIi\IENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS FOR NOVEMBER 1999; (FINANCE) RECOMIYIENDATION: Receive for information. A-3 EXPENDITURE REPORT FOR NOVEMBER 1999; (FINANCE) ® RECONENIENDATION: Approve as submitted. A-4 RESOLUTION NO. 01-00 ADOPTING THE CITY INVESTMENT POLICY; (FINANCE) RECOMMENDATION: Adopt Resolution No. 01-00. A-5 APPROVAL OF JOB DESCRIPTION AMENDMENTS DUE TO NEW SALARY SCHEDULE; (ADMINISTRATION) RECOMMENDATION: Approve the amendments to job descriptions for Civil Engineer, Capital Projects Manager, Building Official, and Office Assistant III. A-6 PROPOSAL TO MODIFY PARS RETIREMENT SYSTEM PLAN AND RECOMMENDED FUNDING CHANGE; (FINANCE) RECONINTENDATION: Authorize the Finance Director to modify the PARS Retirement Plan by transferring the funding for the on -going administrative costs from the plan's assets to the City's operating budget. m ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 10, 2000 A-7 APPROVAL OF CITY'S INTENT TO ALLOW THE BAY FOUNDATION TO ASSUME PROJECT SPONSORSHIP OF THE MORRO BAY HABITAT RESTORATION PROJECT; (HARBOR) RECOi\MENDATION: Authorize the i\layor to sign correspondence to the Army Corps of Engineers transferring local sponsorship of the i\lorro Bay Habitat Restoration Project to the Bay Foundation; and authorize staff to continue support for the project in the project sponsor coalition. A-8 RESOLUTION NO. 03-00 APPROVING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITE 82-85/82W-85W; (HARBOR) RECOMMENDATION: Adopt Resolution No. 03-00 authorizing assignment of 1/3 interest in the lease agreement for Lease Site 82-85/82W-85W from John King to Douglass Redican, dba Rose's Landing, Inc. A-9 RESOLUTION NO. 02-00 AWARDING STREET REHABILITATION ® PROJECT CONTRACT; (ADMINISTRATION) RECOi\INIENDATION: Adopt Resolution No. 02-00 awarding Street Rehabilitation Projects contract to R. Burke Corporation in the amount of S771,169.80. Councilmember Crotzer pulled Items A-2, A-4, and A-5 from the Consent Calendar; Councilmember Peters pulled Item A-3; and Councilmember Peirce pulled Item A-7. MOTION: Councilmember Peters moved the City Council approve the Consent Calendar with the exception of Items A-2, A-3, A-4, A-5, and A-7. The motion was seconded by Councilmember Peirce and carved unanimously. (5-0) A-2 STATEMENT OF CASH & INVESTMENTS FOR NOVEMBER 1999; (FINANCE) Councilmember Crotzer requested staff report on the total value of the City's investment portfolio. Finance Director Jim Koser responded that amount is S6,769,304.12. MOTION: Councilmember Crotzer moved the City Council approve Item A-2 of the ®Consent Calendar. The motion was seconded by Councilmember Elliott 0 and carried unanimously. (5-0) 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 10, 2000 A-3 EXPENDITURE REPORT FOR NOVEMBER 1999; (FfNANCE) Councilmember Peters asked about three charges made on the City Master Card. Finance Director Jim Koser responded one charge was made by the Fire Department for a connection to the Internet; the second charge was made by the Police Department for attendance at the CLEARS Conference by the Support Services Manager; and the third charge was for the purchase of a digital camera for use by the Capital Projects Coordinator for his work on various infrastructure plans. MOTION: Councilmember Peters moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-4 RESOLUTION NO. 01-00 ADOPTING THE CITY INVESTMENT POLICY; (FINANCE) Councilmember Crotzer stated he would like future discussion on the City Investment is Policy percentage set aside for future emergency uses. MOTION: Councilmember Crotzer moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-5 APPROVAL OF JOB DESCRIPTION AMENDMENTS DUE TO NEW SALARY SCHEDULE; (ADMINISTRATION) Councilmember Crotzer stated information on job responsibilities and the structure of the City's government would be helpful for Council as well as the public. MOTION: Councilmember Crotzer moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) 8 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 10, 2000 A-7 APPROVAL OF CITY'S INTENT TO ALLOW THE BAY FOUNDATION TO ASSUME PROJECT SPONSORSHIP OF THE MORRO BAY HABITAT RESTORATION PROJECT; (HARBOR) Councilmember Peirce requested staff clarification on this item. Harbor Director Rick Algert responded the City was the local sponsor of the 100% federally funded Reconnaissance Study for an environmental restoration project in the bay. The Reconnaissance Study indicated a Federal interest in continuing into the Feasibility Stage for a project here but the local sponsor cost share for the Feasibility Stage is 5400,000 in cash and S400,000 in kind services. Mr. Algert stated it is recommended Council transfer local sponsorship for the Feasibility Stage to the Bay Foundation because they will be better able to manage and meet the financial requirements for a Bay -wide restoration project. This recommended action will relieve the City of significant future budget obligations on this project. Councilmember Crotzer stated he will support this request with reservation. He said the most important issue is to protect the environment of the bay and its surrounding area. Councilmember Crotzer expressed concern that the City is requesting to withdraw from lead agency status of this environmental restoration project when Phase H is approaching ® and funding is available. MOTION: Councilmember Peirce moved the City Council approve Item A-7 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 ORDINANCE NO. 480 IMPLEMENTING REVISIONS TO CHAPTER 7 (ANIMAL CONTROL SECTION) OF THE MORRO BAY MUNICIPAL CODE - FIRST READING/INITRODUCTION; (POLICE) Police Chief Joe Loven reviewed the revisions to Chapter 7(Animal Control Section) of the Morro Bay Municipal Code, and recommended the City Council approve the first reading and introduction of Ordinance No. 480. Betty Winholtz questioned how these revisions compare with other communities in the County. She requested clarification on the defecation law. John Barra addressed the leash law stating some dogs and owners do not require such restricted leash law. ® Mayor Anderson closed the public comment hearing. u ® Mh\TUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - JANUARY 10, 2000 MOTION: Councilmember Peters moved to approve the first reading and introduction of Ordinance No. 480 implementing revisions to Chapter 7 (Animal Control Section) of the Morro Bay Municipal Code. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) City Attorney Robert Schultz read Ordinance No. 480 by title and number only. C. UNFINISHED BUSINESS C-1 REVIEW OF DUKE ENERGY MODERNIZATION PROJECT MEMORANDUM OF UNDERSTANDING; (PUBLIC SERVICES) Acting Public Services Director Greg Fuz gave an overview and update on the Duke Energy Modernization Project Memorandum of Understanding. He also listed upcoming events regarding this issue for public information. City Council consensus was to form an ad -hoc committee consisting of a representative ® from Duke Energy, Coastal Alliance, Chamber of Commerce, and Councilmember Crotzer to discuss and recommend an Outreach Program in order to better inform the citizens of Morro Bay of the proposed Duke Energy Modernization Project, and the Memorandum of Understanding. MOTION: Councilmember Elliott moved the City Council appoint an Ad -Hoc Committee to recommend an Outreach Program in order to better inform the citizens of Morro Bay of the proposed Duke Energy Modernization Project, and the Memorandum of Understanding. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) D. NEW BUSINESS D-1 REVIEW OF RALCCO RECYCLING NOTICE OF BREACH ISSUES AND CONSIDERATION TO TERMh\'ATE THE CURBSIDE RECYCLING FRANCHISE AGREEMENT WITH RALCCO RECYCLING Administrative Assistant Janeen Burlingame stated during the months of January and February 1999, the City became aware of certain issues that raised concerns regarding the Curbside Recycling Franchise Agreement (CRFA) and breach of contract between the City and Ralcco Recycling. She said due to events that have occurred, staff recommends ® the following: 1) terminate the CRFA with RALCCO Recycling effective April 30, 2000; 2) withhold payment of invoices received if RALCCO fails to collect and process 10 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 10, 2000 recyclable materials without interruptions through April 30, 2000; and 3) direct staff to prepare a transition plan with contract details and price for a six month interim period while a Request for Proposals can be done. Mayor Anderson, Councilmember Peirce, Councilmember Peters and Councilmember Elliott agreed with staff recommendations due to the breach of contract between the City and RALCCO Recycling. Councilmember Crotzer stated the current recycling program with RALCCO Recycling is affordable and he supports maintaining the contract for services. MOTION: Councilmember Elliott moved the City Council approve the following staff recommendations: 1) terminate the CRFA with RALCCO Recycling effective April 30, 2000; 2) withhold payment of invoices received if RALCCO fails to collect and process recyclable materials without interruptions through April 30, 2000; and 3) direct staff to prepare a transition plan with contract details and price for a six month interim ® period while a Request for Proposals can be done. The motion was seconded by Mayor Anderson and carried with Councilmember Crotzer voting no. (4-1) D-2 RESOLUTION NO. 04-00 SUPPORTING CMANC POSITION ON THE MARINE SANCTUARY ACT REAUTHORIZATION; (HARBOR) Harbor Director Rick Algert stated reauthorization of the Federal law that established the Marine Sanctuary Program is under consideration by Congress. He said the harbors within the Monterey Bay National Sanctuary have identified areas for improvement of the program and asked the California Marine Affairs and Navigation Conference (CMANC) to advocate these improvements to the reauthorization bills currently being considered by Congress. Mr. Algert stated the City has an interest in supporting CMANC and in the future improved management of the sanctuary program. He recommended the City Council adopt Resolution No. 04-00 in support of the reauthorization of the Marine Sanctuary Act with recommendations for changes to improve management of the sanctuary program. Consensus of the City Council was to delay making any decisions at this meeting, and to continue this item as a public hearing. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY IO, 2000 MOTION: Councilmember Peters moved the City Council continue this item as a public hearing at an upcoming City Council meeting. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) F. ADJOURNMENT The meeting adjourned at 10:50 p.m. Recorded by: Bridgett Bauer City Clerk �J 12 f® NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council and all City Commissions and Advisory Boards will be holding a Special Workshop on Saturday, January 8, 2000. This Workshop is being held to discuss and view the proposed modernization plan for the Morro Bay Power Plant. Opening Session will begin at 10:00 a.m. to be held at the Veterans' Memorial Building, 209 Surf Street, Morro Bay, California, and public tours of the Morro Bay Power Plant site to view proposed changes will be held from 10:15 a.m. - 12:00 p'm. (Shuttle bus transportation from the Veterans' Memorial Building to the Morro Bay Power Plant site will be.provided). DATED: January 5, 2000 Bridg��er, City Clerk