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HomeMy WebLinkAboutJanuary - December® 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 — DECEMBER 9, 2002 CLOSED SESSION — DECEMBER 9, 2002 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 the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION — DECEMBER 9, 2002 VETERANS MEMORLAL HALL - 6:00 P.M. ® 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION — The Courts have concluded that sectarian prayer as part of City Council meetings is not permitted under the Constitution. 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 25, 2002. AND THE SPECIAL MEETING OF DECEMBER 3, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 67-02 ENDORSING COUNTYWIDE PROPOSITION 50 PROJECT RECOMMENDATIONS; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 67-02. A-3 APPROVAL OF WASTEWATER TREATMENT PLANT AUDIT CONTRACT AMENDMENT; (FINANCE) RECOMMENDATION: Conditionally approve a modification of the audit agreement with J. Steven Pressley, CPA. A4 RESOLUTION NO. 70-02 APPROVING FINAL MAP FOR TRACT 2285; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 70-02. A-5 GENERAL PLAN/LOCAL COASTAL PLAN SCHEDULE; (PUBLIC SERVICES) RECOMMENDATION: Receive for information. A-6 CANCELLATION OF DECEMBER 23, 2002 CITY COUNCIL MEETING; (ADMINISTRATION) RECOMMENDATION: Cancel the December 23, 2002 City Council meeting. A-7 MONTHLY UPDATE ON COUNCIL REQUESTS; (ADMINISTRATION) RECOMMENDATION: Receive for information. ® A-8 PROCLAMATION DECLARING JANUARY 2003 AS THE "MONTH OF JAZZUARY'; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. A-9 RESOLUTION NO. 68-02 APPROVING A 6-MONTH LEASE AGREEMENT FOR LEASE SITE 128 - 1219 EMBARCADERO; (HARBOR) RECOMMENDATION: Adopt Resolution No. 68-02. A-10 RESOLUTION NO. 71-02 AMENDING THE ORDER OF BUSINESS AT CITY COUNCIL MEETINGS; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 71-02. B. PUBLIC HEARINGS. REPORTS & APPEARANCES — NONE. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS ® D) DISCUSSION OF MAYOR'S RESPONSE TO COLBY CROTZER'S LETTER TO THE CALIFORNIA COASTAL COMMISSION 3 D. NEW BUSINESS D-I APPOINTMENT OF VICE -MAYOR TO SERVE A ONE-YEAR TERM; (ADMINISTRATION) RECOMMENDATION: Appoint a Vice -Mayor to serve a one-year term. D-2 SET DATE FOR ADVISORY BOARD INTERVIEWS; (ADMINISTRATION) RECOMMENDATION: Set a date for Advisory Board interviews. D-3 CITY COUNCIL DISCRETIONARY APPOINTMENTS TO VARIOUS BOARDS AND COMMITTEES; (ADMINISTRATION) RECOMMENDATION: Make appointments for various boards and committees. D4 RESOLUTION NO. 72-02 PROHIBITING STREET WORK BETWEEN MEMORIAL DAY AND LABOR DAY; (MAYOR) RECOMMENDATION: Adopt Resolution No. 72-02. D-5 DISCUSSION OF THE FUTURE USE OF FLIPPO'S SKATE HARBOR_: (MAYOR) ® RECOMMENDATION: Discuss and direct staff accordingly. D-6 DISCUSSION OF CITY COUNCIL POLICIES; (MAYOR) 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. 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 DECEMBER 9, 2002 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz 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 Yates read the Closed Session statement ® CS-1 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. 11 0 iL] MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — DECEMBER 9, 2002 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Rick Algert Greig Cummings Frank Cunningham Jeff Jones Jim Koser Joe Loven Andrea Lueker Bill Omdorff City Manager City Attorney City Clerk Harbor Director Planning Manager City Engineer Fire Chief Finance Director Police Chief Recreation & Parks Director Acting Public Services 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 there was no reportable action under the Brown Act taken. PUBLIC COMMENT Sharon Moore of Virg's Landing requested Item A-9 (Resolution No. 68-02 Approving a 6-Month Lease Agreement for Lease Site 128 - 1219 Embarcadero) be continued to the next City Council meeting along with the consideration of the lease agreement for Lease Site 128W. Kim Kimball, Executive Director of the Chamber of Commerce, welcomed the new City Council members. 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — DECEMBER 9.2002 David Nelson addressed the potholes at the entrance of Morro Bay Boulevard and requested the City consider their repair. He also referred to the letter written by Mayor Yates' to the California Coastal Commission relating to the proposed power plant project and its affect on the estuary. Ray McKelligott addressed reducing the speed limit on Quintana Road. Mandy Davis stated the public meeting process should include that the public be well informed, and placing the last-minute resolution in support of Spot Prawn Fishery on the December 3rd agenda was not done properly. Stan House thanked City staff for moving the permit process along on 3185 Orcas Street. Nancy Barta, Merchants Association. thanked City staff for making the Merchants Faire a successful event. Gary Johnson wished the City Council and City staff a happy holiday season. Meredith Bates thanked Council for changing the Order of Business to include a Moment ® of Silence in place of prayer. She also noted the Women's Caucus would be holding another workshop relating to appointments to City advisory boards and commissions. John Barta addressed the Jazz Festival noting there will be 60 sets of venues over the weekend. He also noted the upcoming Bird Festival is another great weekend, and invited the public to check the website for further information. Candace Vittitow requested the City Council schedule the advisory board interviews in mid -January in order for the Women's Caucus to hold a workshop. Mayor Yates 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 NOVEMBER 25. 2002. AND THE SPECIAL MEETING OF DECEMBER 3, 2002; (ADMINISTRATION) ® RECOMMENDATION: Approve as submitted. K ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — DECEMBER 9, 2002 A-2 RESOLUTION NO. 67-02 ENDORSING COUNTYWIDE PROPOSITION 50 PROJECT RECOMMENDATIONS; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 67-02. A-3 APPROVAL OF WASTEWATER TREATMENT PLANT AUDIT CONTRACT AMENDMENT; (FINANCE) RECOMMENDATION: Conditionally approve a modification of the audit agreement with J. Steven Pressley, CPA. A-4 RESOLUTION NO. 70-02 APPROVING FINAL MAP FOR TRACT 2285; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 70-02. A-5 GENERAL PLANILOCAL COASTAL PLAN SCHEDULE; (PUBLIC SERVICES) ® RECOMMENDATION: Receive for information. A-6 CANCELLATION OF DECEMBER 23, 2002 CITY COUNCIL MEETING, - (ADMINISTRATION) RECOMMENDATION: Cancel the December 23, 2002 City Council meeting. A-7 MONTHLY UPDATE ON COUNCIL REQUESTS; (ADMINISTRATION) RECOMMENDATION: Receive for information. A-8 PROCLAMATION DECLARING JANUARY 2003 AS THE "MONTH OF JAZZUARY' ; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. A-9 RESOLUTION NO. 68-02 APPROVING A 6-MONTH LEASE AGREEMENT FOR LEASE SITE 128 - 1219 EMBARCADERO; (HARBOR) RECOMMENDATION: Adopt Resolution No. 68-02. A-10 RESOLUTION NO. 71-02 AMENDING THE ORDER OF BUSINESS AT CITY ® COUNCIL MEETINGS; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 71-02. 4 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — DECEMBER 9, 2002 Councilmember Winholtz pulled Item A-] from the Consent Calendar; Councilmember Peters pulled Item A-4; and Mayor Yates pulled Items A-7 and A-9. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Items A-1, A-4, A-7 and A-9. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF NOVEMBER 25. 2002. AND THE SPECIAL MEETING OF DECEMBER 3, 2002; (ADMINISTRATION) Councilmember Winholtz stated she would abstain from voting on the approval of the minutes because she was not on the Council at the time; Mayor Yates also abstained for the same reason. MOTION: Councilmember Peirce moved the City Council approve Item A-1 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried with Councilmember Winholtz and Mayor Yates abstaining. ® (3-0-2) El A-4 RESOLUTION NO. 70-02 APPROVING FINAL MAP FOR TRACT 2285; (PUBLIC SERVICES) Councilmember Peters requested staff clarification relating to the bonding issues for improvements on the Colmer project. Acting Public Services Director Bill Omdorff responded by stating the Conditional Use Permit states the funding for improvements is to go towards water purposes as chosen by the City Council. Councilmember Winholtz asked about the process of amending the Conditional Use Permit. MOTION: Councilmember Peters moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried with Councilmember Winholtz voting no. (4-1) 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — DECEMBER 9, 2002 A-7 MONTHLY UPDATE ON COUNCIL REQUESTS; (ADMINISTRATION) Mayor Yates referred to the Civic Center and Traffic Circulation on the Embarcadero and asked for Council's position on these items. Councilmember Peirce stated the Civic Center should remain on the update to discuss long-range goals. Councilmember Elliott stated the Traffic Circulation issue should remain a priority topic and should be discussed prior to the next tourist season. MOTION: Councilmember Peters moved the City Council approve Item A-7 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-9 RESOLUTION NO. 68-02 APPROVING A 6-MONTH LEASE AGREEMENT FOR LEASE SITE 128 - 1219 EMBARCADERO; (HARBOR) ® Mayor Yates suggested this item be continued to the City Council meeting of January 13, 2003. MOTION: Councilmember Peirce moved the City Council deny Item A-9 of the Consent Calendar, and return this item to Closed Session on January 13, 2003, and Open Session on January 27, 2003. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) Mayor Anderson called for a break at 7:20 p.m.; the meeting resumed at 7:33 p.m. B. PUBLIC HEARINGS, REPORTS & APPEARANCES —None. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS D) DISCUSSION OF MAYOR'S RESPONSE TO COLBY CROTZER'S LETTER TO THE CALIFORNIA COASTAL COMMISSION City Attorney Robert Schultz reviewed the progress report on the Duke Energy Power ® Plant Project for public information. 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — DECEMBER 9. 2002 The City Council discussed the letter sent by Councilmember Crotzer to the Coastal Commission relating to the ill effect the proposed power plant project would have on the estuary. They offered their positions relating to Councilmember Crotzer's letter, and noted possible amendments to Mayor Yates' letter of response to the Coastal Commission. MOTION: Councilmember Peirce moved the City Council approve Mayor Yates' letter to the Coastal Commission in response to Councilmember Crotzer's letter with amendments as discussed by the City Council. The motion was seconded by Councilmember Elliott and carried with Councilmember Winholtz voting no. (4-1) D. NEW BUSINESS D-I APPOINTMENT OF VICE -MAYOR TO SERVE A ONE-YEAR TERM; (ADMINISTRATION) MOTION: Councilmember Peirce moved the City Council appoint Councilmember ® Peters as Vice -Mayor to serve a one-year term. The motion was seconded by Mayor Yates and carried unanimously. (5-0) D-2 SET DATE FOR ADVISORY BOARD INTERVIEWS; (ADMINISTRATION) MOTION: Councilmember Peirce moved the City Council set the interview date for Commission/Advisory Board interviews for Thursday, January 23, 2003. The motion was seconded by Councilmember .Peters and carried unanimously. (5-0) D-3 CITY COUNCIL DISCRETIONARY APPOINTMENTS TO VARIOUS BOARDS AND COMMITTEES; (ADMINISTRATION) MOTION: Mayor Yates moved the City Council approve the appointments to the various discretionary committees as discussed by Council. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) D-4 RESOLUTION NO. 72-02 PROHIBITING STREET WORK BETWEEN MEMORIAL DAY AND LABOR DAY; (MAYOR) MOTION: Mayor Yates moved the City Council return this item to the January 13, 2003 City Council meeting with stab's recommendations for amendments ® to Resolution No. 72-02. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — DECEMBER 9, 2002 D-5 DISCUSSION OF THE FUTURE USE OF FLIPPO'S SKATE HARBOR; (MAYOR) Mayor Yates stated he was a proponent of a teen center when he was Mayor before, and now the teens have a fabulous new teen center; however, the local kids are missing an important, vital facility. He said Flippo's was packed every weekend and every day all summer. Mayor Yates stated there is a void in Morro Bay with its closure. He said the cost of upgrading this facility is unknown until an inspection and study is done, and requested Council's support in researching the costs involved in re -opening the skating rink. Councilmember Winholtz stated she is interested in re -opening the facility; however, noted there was a stipulation that the City would not use the property as a profitable use when considering the purchase of this property. Councilmember Elliott stated he is opposed to subsidizing this business. Councilmember Peters stated the entire structure including the house should be a ® consideration. She proposed the building be considered as a multi -use facility. Councilmember Peirce stated the cost of upgrading the building should be considered prior to the use. MOTION: Councilmember Elliott moved the City Council direct staff to immediately begin the process of awarding a contract for assessment of the building and surrounding buildings by a structural engineer; the assessment to include requirements and costs for bringing the buildings up to code; and, funding to come from Capital Improvement Project 83-17. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) D-6 DISCUSSION OF CITY COUNCIL POLICIES; (MAYOR) Mayor Yates stated this item has been brought forward in order to discuss the organization of past City resolutions to create a Council policy book. MOTION: Councilmember Peirce moved the City Council direct staff to research cataloging and easy to search capability software for the City's resolutions with the recommendation to be presented to the City Council at an upcoming Council meeting; and, also direct staff to look into software for ultimately cataloging all City records. The motion was seconded by ® Councilmember Peters and carried unanimously. (5-0) F: ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — DECEMBER 9.2002 F. ADJOURNMENT The meeting adjourned at 8:25 p.m. Recorded by: Bridgett Bauer City Clerk E ® 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. SPECIAL MEETING TUESDAY, DECEMBER 3, 2002; 6:00 P.M. 231 ATASCADERO ROAD, MORRO BAY, CA I. ESTABLISH QUORUM AND CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. PUBLIC COMMENT ® IV. TEEN CENTER DEDICATION V. ADOPTION OF RESOLUTION NO. 65-02 RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2002, AND DECLARING THE RESULTS THEREOF VI. COMMENTS BY MAYOR AND COUNCILMEMBERS VII. PRESENTATION OF PLAQUES TO MAYOR RODGER ANDERSON AND COUNCILMEMBER COLBY CROTZER VHI. OATH OF OFFICE IX. PRESENTATION OF CERTIFICATES OF ELECTION TO MAYOR WILLIAM YATES AND COUNCILMEMBERS JANICE PETERS AND BETTY WINHOLTZ X. COMMENTS BY MAYOR WILLIAM YATES AND COUNCILMEMBERS JANICE PETERS AND BETTY WINHOLTZ XI. ADOPTION OF RESOLUTION NO. 66-02 IN SUPPORT OF SPOT PRAWN ® FISHERY XII. ADJOURNMENT ® MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING — DECEMBER 3, 2002 231 ATASCADERO ROAD - 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 I. ESTABLISH QUORUM AND CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. PUBLIC COMMENT ® Cathy Novak thanked Mayor Anderson for a job well done. Molly Mason acknowledged her brother, Mayor Anderson, for his dedication as Mayor for the City of Mono Bay, and noted his family is happy to have him come back to work. Nelson Sullivan thanked Councilmember Crotzer for a job well done, stating he stayed true to his values while on the City Council. Lynda Merrill thanked both Mayor Anderson and Councilmember Crotzer for their hard work and dedication while serving on the City Council. IV. TEEN CENTER DEDICATION V. ADOPTION OF RESOLUTION NO. 65-02 RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2001 AND DECLARING THE RESULTS THEREOF MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 65-02 Reciting the Fact of the General Municipal Election Held on November 5, 2002, and Declaring the Results Thereof The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) ® VI. COMMENTS BY MAYOR AND COUNCILMEMBERS VII. PRESENTATION OF PLAQUES TO MAYOR RODGER ANDERSON AND COUNCILMEMBER COLBY CROTZER VIII. OATH OF OFFICE City Clerk Bridgett Bauer issued the Oath of Office to Mayor -Elect William Yates, and elected Councilmembers Janice Peters and Betty Winholtz. IX. PRESENTATION OF CERTIFICATES OF ELECTION TO MAYOR WILLIAM YATES AND COUNCILMEMBERS JANICE PETERS AND BETTY WINHOLTZ X. COMMENTS BY MAYOR WILLIAM YATES AND COUNCILMEMBERS JANICE PETERS AND BETTY WINHOLTZ XI. ADOPTION OF RESOLUTION NO. 66-02 IN SUPPORT OF SPOT PRAWN FISHERY MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 66-02 in support of Spot Prawn Fishery. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) ® XII. ADJOURNMENT The meeting adjourned at 7:00 p.m. Recorded by: hj I 61_9_� Bridgettuer City Clerk 11 1) ® City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. 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 MEETING NOVEMBER 25, 2002 - 5:00 P.M. CORNER OF FRONT STREET ® AND HARBOR STREET MORRO BAY, CA PRACTICAL REVIEW AND DEMONSTRATION ON THE DESIGN OF STREETLIGHTS AND PROPOSED MEDIANS IN THE DOWNTOWN AREA E ® 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 — NOVEMBER 25, 2002 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION — The Courts have concluded that sectarian prayer as part of City Council meetings is not permitted under the Constitution. 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 12, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT— OCTOBER 2002; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT— OCTOBER 2002; (FINANCE) RECOMMENDATION: Approve as submitted. A4 AWARD OF CONTRACT FOR PRIMARY CLARIFIER DRIVE UNIT REPLACEMENT; (PUBLIC SERVICES) RECOMMENDATION: Award the project contract to Special Services ® Contractors, Inc. in the amount of $44,152.00. A-5 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR PUBLIC SERVICES TEMPORARY OFFICE BUILDING PROJECT; (RECREATION & PARKS) RECOMMENDATION: Accept project as completed by Brinar Construction, and authorize the filing of the Notice of Completion. A-6 PROCLAMATION RECOGNIZING SGT. BRIAN BLANCHARD FOR HIS CONTRIBUTIONS TO PUBLIC SAFETY AND HIS PERSONAL SACRIFICES LEADING TO HIS RETIREMENT FROM LAW ENFORCEMENT; (POLICE) RECOMMENDATION: Adopt Proclamation. A-7 PROCLAMATION RECOGNIZING SGT. NORM SMYTH FOR 22 YEARS OF SERVICE TO THE COMMUNITY AND RETIREMENT FROM LAW ENFORCEMENT; (POLICE) RECOMMENDATION: Adopt Proclamation. E 2 A-8 AUTHORIZATION TO REJECT THE BID FOR THE KEISER PARK PLAYGROUND PROJECT; (RECREATION & PARKS) RECOMMENDATION: Authorize staff to reject the bid received by Specialty Construction in the amount of $38,500 for the Keiser Park Playground Project. B. PUBLIC HEARINGS REPORTS & APPEARANCES — NONE. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS RECOMMENDATION: Receive for information. C-2 DISCUSSION ON THE DESIGN OF STREETLIGHTS AND PROPOSED MEDIANS IN THE DOWNTOWN AREA; (PUBLIC SERVICES) RECOMMENDATION: Discuss the design of streetlights and proposed medians, and direct staff accordingly. 0 D. NEW BUSINESS D-1 DISCUSSION REGARDING MAKING RESTROOMS AVAILABLE IN THE DOWNTOWN BUSINESS DISTRICT; (ADMINISTRATION) RECOMMENDATION: Discuss and authorize staff to enter into agreements for restroom service in the downtown area. D-2 COUNCILMEMBER REQUEST TO DISCUSS CODE ENFORCEMENT VIOLATION AT 3185 ORCAS WAY; (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 7726200 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. 11 E u MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — NOVEMBER 25, 2002 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 Jeff Jones Joe Loven Bill Omdorff Joe Woods ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT —None. PUBLIC COMMENT City Manager City Attorney City Clerk Harbor Director Fire Chief Police Chief Acting Public Services Director Acting Recreation & Parks Director Stan House addressed Item D-2 (Councilmember Request to Discuss Code Enforcement Violation at 3185 Orcas Way) stating this house has been left in shambles for far too long. He requested Council take action by either condemning the building or by changing the permit process. Biz Steinberg; Director of EOC, presented Councilmember Crotzer with a plaque for his participation on the EOC Board. Came Johnson addressed Item D-2 and requested Council take action in order to get this home in decent shape stating it is a disgrace to the neighborhood. William Yates thanked the City Council for an outstanding job well done. David Nelson stated the Duke Energy Modernization Project is not a good deal for the City, and the mitigation package is ridiculous. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — NOVEMBER 25. 2002 Nelson Sullivan acknowledged the City's support for the Memorandum of Understanding for the Duke Energy Project even though it's never been completed. He also said streetlights on the waterfront can be a hazard to incoming boats coming into the bay. Mr. Sullivan addressed the City's position on water supply. Janice House addressed Item D-2 stating the current permit process is not working, and requested Council's consideration on changing the law. She also requested the status regarding dogs on the beach. Chuck Meissner thanked the City Council for their efforts. He said he does not like parking meters, and the City should provide parking for its citizens, business owners, employees, and tourists. Jack Hansen thanked the City Council for their efforts in supporting Duke Energy John Barta addressed Item C-2 (Discussion on the Design of Streetlights and Proposed Medians in the Downtown Area) and requested the City Council consider lights vs. bollards. ® Neil Farrel addressed Item C-2 stating medians may be a traffic hazardous. Dannie Tope stated the entrance to the City needs improvements. She asked if the City could do something with the 7-11 building on Morro Bay Boulevard which has been vacant for too long. 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 NOVEMBER 12, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT — OCTOBER 2002; (FINANCE) RECOMMENDATION: Receive for information. u 1) ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — NOVEMBER 25. 2002 A-3 EXPENDITURE REPORT — OCTOBER 2002; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 AWARD OF CONTRACT FOR PRIMARY CLARIFIER DRIVE UNIT REPLACEMENT; (PUBLIC SERVICES) RECOMMENDATION: Award the project contract to Special Services Contractors, Inc. in the amount of $44,152.00. A-5 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR PUBLIC SERVICES TEMPORARY OFFICE BUILDING PROJECT; (RECREATION & PARKS) RECOMMENDATION: Accept project as completed by Brinar Construction, and authorize the filing of the Notice of Completion. A-6 PROCLAMATION RECOGNIZING SGT. BRIAN BLANCHARD FOR HIS ® CONTRIBUTIONS TO PUBLIC SAFETY AND HIS PERSONAL SACRIFICES LEADING TO HIS RETIREMENT FROM LAW ENFORCEMENT; (POLICE) RECOMMENDATION: Adopt Proclamation. A-7 PROCLAMATION RECOGNIZING SGT. NORM SMYTH FOR 22 YEARS OF SERVICE TO THE COMMUNITY AND RETIREMENT FROM LAW ENFORCEMENT; (POLICE) RECOMMENDATION: Adopt Proclamation. A-8 AUTHORIZATION TO REJECT THE BID FOR THE KEISER PARK PLAYGROUND PROJECT; (RECREATION & PARKS) RECOMMENDATION: Authorize staff to reject the bid received by Specialty Construction in the amount of $38,500 for the Keiser Park Playground Project. Councilmember Crotzer pulled Items A -I and A-5 from the Consent Calendar. E ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — NOVEMBER 25. 2002 MOTION: Councilmember Crotzer moved the City Council approve the Consent Calendar with the exception of Items A-1 and A-5. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A -I APPROVAL OF MINUTES FOR THE REGULAR MEETING OF NOVEMBER 12, 2002; (ADMINISTRATION) Councilmember Crotzer addressed the minutes of November 12, 2002 on Page 12 stating his intention on Item D-3 (Presentation by Representative of the Salvation Army Regarding Possible City Grant Application to Benefit the Homeless) was to offer $1,000 towards the EOC Homeless Project that will benefit the needs of the homeless in Morro Bay. Councilmember Crotzer also addressed the minutes on Page 9 — Item C-2 (Consideration of Advisory Committee Formation on Marine Sanctuary) stating his silence during the vote of the motion was recorded as a positive vote wherein he meant to be recorded in ® opposition. MOTION: Councilmember Elliott moved the City Council approve Item A-1 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried with Councilmember Crotzer voting no. (4-1) A-5 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR PUBLIC SERVICES TEMPORARY OFFICE BUILDING PROJECT; (RECREATION & PARKS) Councilmember Crotzer stated this is the best money for a project that the City has ever spent. 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) B. PUBLIC HEARINGS. REPORTS & APPEARANCES — None. El El ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — NOVEMBER 25, 2002 C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR NTERVENTION PROJECTS City Attorney Robert Schultz reviewed the progress report on the Duke Energy Power Plant Project for public information. This was an informational item. and no action was taken. C-2 DISCUSSION ON THE DESIGN OF STREETLIGHTS AND PROPOSED MEDIANS IN THE DOWNTOWN AREA; (PUBLIC SERVICES) Acting Public Services Director Bill Orndorff stated this item has been a periodic agenda item since May 2002. At the August 12, 2002 City Council meeting, Council ® unanimously approved a concept for streetlights, bollard lights with electrical plugs and two 5'x15' medians with streetlights containing banners and benches being donated. In addition, Council allocated $250,000 toward the downtown improvements as well as north Main Street pedestrian improvements. The City Council received a streetlight demonstration on November 25, 2002. Mr. Omdorff recommended the City Council discuss the subject item, review staffs recommendation and give direction concerning the preferred street light fixture, pole, bollard light and whether or not to proceed with the 5'xl5' mid -block medians with street lights containing banner hardware. Consensus of the City Council was in support of the Ancestra lighting fixture. MOTION: Councilmember Elliott moved the City Council direct staff to prepare plans for the project with the Ancestra fixture, bollards, and medians. The motion was seconded by Councilmember Crotzer. Councilmember Peters expressed her opposition to medians. Councilmember Elliott stated medians are found to be calming. He said the majority of merchants he has spoke with are in support of medians. Councilmember Crotzer called for the question. VOTE: The motion carried with Councilmember Peters voting no. (4-1) 5 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — NOVEMBER 25, 2002 Mayor Anderson called for a break at 7:42 p.m.; the meeting resumed at 7:55 p.m. D. NEW BUSINESS D-1 DISCUSSION REGARDING MAKING RESTROOMS AVAILABLE IN THE DOWNTOWN BUSINESS DISTRICT; (ADMINISTRATION) City Manager Robert Hendrix stated the City Council requested staff investigate the idea of making restrooms available to the public in the downtown business district through the use of a contract. Staff contacted a number of businesses and found that there is some interest in contracting to provide this service, at least on a trial basis. Mr. Hendrix recommended the City Council discuss this issue and authorize staff to enter into agreements for restroom service in the downtown area. Councihnember Peters spoke with merchants and found this is a positive way to go for the time. ® Councilmember Elliott suggested the use of fully equipped portable bathrooms such as used in San Luis Obispo. He also suggested the City investigate the purchase of small property downtown for the purpose of a public restroom. u Councilmember Crotzer stated this is a reasonable solution for a short-term, and Council should continue on the long-term solution. MOTION: Councilmember Peirce moved the City Council authorize staff to enter into agreements for restroom service in the downtown area. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) D-2 COUNCILMEMBER REQUEST TO DISCUSS CODE ENFORCEMENT VIOLATION AT 3185 ORCAS WAY; (ADMINISTRATION) Councilmember Elliott stated his request of a Future Agenda Item was to discuss changing an ordinance on time limits for building permits. He said this is a code enforcement issue that should not be handled by Council. MOTION: Councilmember Elliott moved the City Council direct staff for an ordinance modifying codes in this city dealing with time limits on construction projects. The motion was seconded by Councilmember Peirce and carried with Councilmember Crotzer voting no. (4-1) 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — NOVEMBER 25, 2002 ADJOURNMENT The meeting adjourned at 8:20 p.m. Recorded by: 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 — NOVEMBER 12, 2002 CLOSED SESSION — NOVEMBER 12, 2002 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 the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION - NOVEMBER 12, 2002 ® VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION — The Courts have concluded that sectarian prayer as part of City Council meetings is not permitted under the Constitution. 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 28, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 MONTHLY UPDATE ON COUNCIL REQUESTS; (ADMINISTRATION) RECOMMENDATION: Receive for information. A-3 PROCLAMATION RECOGNIZING LT. GREGG BEUER FOR HIS SERVICE TO THE COMMUNITY AND COMMENDING HIM UPON HIS RETIREMENT FROM PUBLIC SERVICE; (POLICE) ® RECOMMENDATION: Adopt Proclamation. 2 ® A-4 RESOLUTION NO.63-02 APPROVING A TRANSFER OF FUNDS FOR THE LILA KEISER EAST FIELD LIGHT PROJECT AND AWARDING THE BID FOR THE PROJECT TO BENERGY INC.; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 63-02. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 ORDINANCE NO. 494 ADOPTING MODIFICATIONS TO THE MORRO BAY MUNICIPAL CODE SECTIONS 10.04.030 AND 10.32.010: CENTRAL TRAFFIC DISTRICT - FIRST READING/INTRODUCTION; (PUBLIC SERVICES) RECOMMENDATION: Approve first reading and introduction of Ordinance No. 494. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS RECOMMENDATION: Receive for information. ® C-2 CONSIDERATION OF ADVISORY COMMITTEE FORMATION ON MARINE SANCTUARY RECOMMENDATION: Discuss and direct staff accordingly. D. NEW BUSINESS D-I DISCUSSION ON ACQUISITION OF SHANDON WATER; (PUBLIC SERVICES) RECOMMENDATION: Discuss and direct staff accordingly. D-2 DISCUSSION ON THE INSTALLATION OF PARKING METERS AT THE EMBARCADERO; (PUBLIC SERVICES) RECOMMENDATION: Discuss and direct staff accordingly. D-3 PRESENTATION BY REPRESENTATIVE OF THE SALVATION ARMY REGARDING POSSIBLE CITY GRANT APPLICATION TO BENEFIT THE HOMELESS RECOMMENDATION: Receive presentation and direct staff accordingly. N E. ADJOURNMENT E ® 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. u COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION .RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST 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. Fl ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION —NOVEMBER 12, 2002 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 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 ® CS-1 GOVERNMENT CODE SECTION 54957.6: CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:12 p.m. MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) The meeting adjourned at 5:12 p.m. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 12, 2002 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 Bill Boucher Capital Projects Manager Jeff Jones Fire Chief Jim Koser Finance Director Joe Loven Police Chief Andrea Lueker Recreation & Parks Director Bill Omdorff Acting Public Services 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 under the Brown Act was taken. PUBLIC COMMENT Bill Woodson congratulated the Mayor and Councilmembers who were elected during the 2002 General Municipal Election, and thanked those who assisted him in his campaign. Chuck Andell addressed Item D-2 (Discussion on the Installation of Parking Meters at the Embarcadero) stating there could be problems with the placement of parking meters. He said tourists would be on a scheduled regimented tour of the Embarcadero by having to plug a meter. Pat Andell stated slant parking and one-way traffic could cause traffic accidents and may ® cause traffic congestion. She suggested a parking garage would be a beneficial solution. 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 12, 2002 Bob Whitrey stated the City should seriously consider a parking structure on the property the City recently purchased. He said a fee could be charged to the merchants whose customers request validation. Betty Forsythe, Friends of the Library, announced the library would be holding its 3rd annual silent auction and "Something of Value" sale on November 15d' to benefit the library programs and expansion project. Ed Ewing addressed D-2 stating meters would be an aggravation and will not alleviate the parking problem on the Embarcadero. Jack Hansen addressed Item C-2 (Consideration of Advisory Committee Formation on Marine Sanctuary) stating the meeting held on Thursday, November 7d' was called by Supervisor Bianchi and was attended by a small group who appeared with an agenda to push their idea forward to form a committee to review the Monterey Bay National Marine Sanctuary. He requested the City Council communicate to Supervisor Bianchi that this ® should require public comment. Ed Sylvester spoke in opposition to parking meters on the Embarcadero. Jeff O'Dell addressed the California Constitution and questioned how many elected officials and citizens have reviewed it. David Nelson stated the City is creating a large bureaucracy to destroy the estuary when it is the City's job as trustees to maintain a healthy estuary. He said the City will have to answer for the damage to the environment by voting in favor of the Duke Energy Power Plant Project. Rita Anderson addressed Item D-2 stating senior citizens have a difficult time getting around the Embarcadero and must park on the Embarcadero. She thanked the Council for considering the parking problem on the Embarcadero. Don Boatman stated he had a positive experience in his election process, and thanked those who supported his campaign. Jim Wood thanked those who supported his campaign during the election. Ken Vesterfelt thanked Mayor Anderson and Councilmember Crotzer for their efforts on the Council. E ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 12, 2002 Kim Kimball. Executive Director of the Chamber of Commerce, thanked Mayor Anderson and Councilmember Crotzer for their efforts while serving on the City Council. She said she has ballots for representation on the marine sanctuary committee. Ms. Kimball also said parking meters are not welcome by merchants in the City. Betty Winholtz addressed Item D-I (Discussion on Acquisition of Shandon Water) stating there is no need for buffer water with the desalination plant and State Water. She said the conditions in a contract placed on the City by the County are stringent in terms of leeway. Ms. Winholtz suggested the City Council reaffirm that Colmer needs to provide a "greater than normal" public benefit for his subdivision, and vote against the Shandon Water acquisition. Nelson Sullivan reviewed some history of the City's water consumption and use of water meters. Dannie Tope stated a parking structure and 2-hour parking limit are good ideas. She requested consideration of parking limitations be placed in the downtown business ® district as well. John Barta stated the City's relationship with the County is uncomfortable with relationship with water issues. u Al Tune addressed Item D-3 (Presentation by Representative of the Salvation Army Regarding Possible City Grant Application to Benefit the Homeless) and shared his experience with the homeless and requested Council become involved. Mayor Anderson closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Elliott requested to agendize the discussion to modify the ordinance to shorten the time allowance between the issuance of a building permit and the completion of construction. Councilmember Peters concurred with this item. 4 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - NOVEMBER 12, 2002 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 28, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 MONTHLY UPDATE ON COUNCIL REQUESTS; (ADMINISTRATION) RECOMMENDATION: Receive for information. A-3 PROCLAMATION RECOGNIZING LT. GREGG BEUER FOR HIS SERVICE TO THE COMMUNITY AND COMMENDING HIM UPON HIS RETIREMENT FROM PUBLIC SERVICE; (POLICE) ® RECOMMENDATION: Adopt Proclamation. A-4 RESOLUTION NO.63-02 APPROVING A TRANSFER OF FUNDS FOR THE LILA KEISER EAST FIELD LIGHT PROJECT AND AWARDING THE BID FOR THE PROJECT TO BENERGY INC.; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 63-02. Councilmember Crotzer pulled Item A-4 of 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. (5-0) A4 RESOLUTION NO. 63-02 APPROVING A TRANSFER OF FUNDS FOR THE LILA KEISER EAST FIELD LIGHT PROJECT AND AWARDING THE BID FOR THE PROJECT TO BENERGY INC.; (RECREATION & PARKS) Councilmember Crotzer expressed concern with taking money from the Teen Center — Permanent Skate Park Design Capital Project to fund the Keiser Park East Field Lighting Project. 5 1 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 12, 2002 MOTION: Councilmember Crotzer moved the City Council direct staff to locate other find sources particularly those closest to those under the control of the General Fund to be used for the funding of the Lila Keiser East Field Light Project. The motion was seconded by Mayor Anderson and failed with Councilmember Elliott. Councilmember Peirce and Councilmember Peters voting no. (2-3) MOTION: Councilmember Elliott moved the City Council approve Item A4 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. 494 ADOPTING MODIFICATIONS TO THE MORRO BAY MUNICIPAL CODE SECTIONS 10.04.030 AND 10.32.010: CENTRAL TRAFFIC DISTRICT - FIRST READING/INTRODUCTION; (PUBLIC SERVICES) ® Capital Projects Manager Bill Boucher stated the original Section 10.04.030 of the Morro Bay Municipal Code (MBMC) defines the term "Central Traffic District", and establishes boundaries of the district as being bounded on the south by Pacific Street, on the north by Beach Street, on the west by the Embarcadero and Front Street and on the east by Kern Avenue. The approval of Ordinance No. 447 on November 13, 1995 expanded the boundary of the Central Traffic District to include Quintana Road from Morro Bay Boulevard to Kennedy Way, and clarified Central Traffic District to equal Business District as defined in the Vehicle Code. The speed limit within the district, unless otherwise established and posted, is 25 mph pursuant to the California Vehicle Code's requirement for a Business District. Quintana Road between Kennedy Way and Main Street currently has a posted speed limit of 35 mph pursuant to MBMC Section 10.32.010. Adoption of Ordinance No.494 will decrease the speed limit on Quintana Road between Morro Bay Boulevard and Kennedy Way to 25 mph reflecting the increase in traffic volumes and the geometric configuration and commercial access points along the roadway segment. Mr. Boucher noted the fiscal impact would be approximately $800 of unallocated Street Division funds for installation/modification of signage. He recommended the City Council open the hearing for public comment, discuss and direct staff accordingly. Mayor Anderson opened the hearing for public comment. David Nelson stated 25 mph is a ridiculous speed limit for this traffic zone. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 12, 2002 Betty Winholtz stated the red striping has already slowed traffic on Quintana Road, and there really is no need to reduce the speed limit. Mayor Anderson closed the public comment hearing. Councilmember Elliott stated 25 mph is standard in residential and commercial areas. He said no matter what the posted speed limit is, the situation will not be corrected without enforcement. Councilmember Elliott stated he is opposed to changing the speed limit. Councilmember Crotzer stated the basic purpose for a transportation system is to facilitate transportation and movement. He said there was allowance for safety along Quintana Road by taking away the parking along one side of the road and.adding the bike lane. Councilmember Peters stated the 30 mph speed limit is a safe speed on Quintana Road. Councilmember Peirce stated he was the one in support of this issue; however, he sees there is not much support. Mayor Anderson stated he would be in support if there were a liability issue. Councilmember Peters stated another traffic survey would be a good idea since the parking has changed since the last survey. MOTION: Councilmember Peirce moved the City Council table this item. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) Mayor Anderson called for a break at 7:33 p.m.; the meeting resumed at 7:45 p.m. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS City Attorney Robert Schultz reviewed the progress report on the Duke Energy Power Plant Project for public information. ® This was an informational item, and no action was taken. 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 12, 2002 C-2 CONSIDERATION OF ADVISORY COMMITTEE' FORMATION ON MARINE SANCTUARY Harbor Director Rick Algert stated on October 10, 2002 Supervisor Shirley Bianchi issued a notice on an information exchange meeting concerning National Marine Sanctuary status for the coastal waters of San Luis Obispo County. On October 31, 2002, Mayor Anderson sent the County Board of Supervisors a request to join the City of Morro Bay in our position supporting a separate central coast marine sanctuary with local control, and opposing expansion of the Monterey Bay National Marine Sanctuary (MBNMS). At the November 7, 2002 meeting a decision was made to form a committee made up of 20 or more members to study expansion of the MBNMS or creation of a separate sanctuary. It is unclear at this point who would be organizing such a committee, but MBNMS staff will be supporting the committee. Mr. Algert recommended the City Council discuss this issue and provide staff direction on how to respond to the committee's request for membership applications. Councilmember Elliott referred to the letter sent by the City to the Board of Supervisors ® advising the Council's position on the Monterey Bay National Marine Sanctuary. He said there were several agencies that were not notified of this meeting held on November 7'h. Councilmember Elliott stated the City should write a letter expressing opposition of the way this meeting evolved. L] Councilmember Crotzer stated Supervisor Bianchi at the Monterey Bay National Marine Sanctuary meeting in Cambria merely offered her office to facilitate a meeting by a committee that was being proposed by the sanctuary committee itself. He said a forum should be held by government officials to inform interested parties on fishing, tourism and conservation interests. Councilmember Crotzer stated people throughout the United States have some stake in what happens to the California coastline. He said Morro Bay would in time have a marine sanctuary in one form or another. Councilmember Peirce stated a municipality should not have control over the ocean; however, the idea of protecting the ocean is a good idea. He said it is important to have an informed public, and there should be some wisdom on the establishment of a marine sanctuary; however, not by the creation of political influence. H MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - NOVEMBER 12, 2002 Councilmember Peters stated the fact of having a local sanctuary vs. an expanded sanctuary would take the same amount of time. She said an investigative committee should be formed with a representative from each of the concerned government agencies and also some public interests. Councilmember Peters recommended Council write a letter to Supervisor Bianchi stating the issues relating to a Central Coast Marine Sanctuary should be reviewed by the Board of Supervisors as a body. Mayor Anderson stated he is opposed to the expansion of the Monterey Bay National Marine Sanctuary. He said he agrees that there will one day be a marine sanctuary off of our coastline, however it will not be the same as Monterey Bay's that goes to the high tide line. MOTION: Councilmember Elliott moved the City Council direct staff to draft a letter to the Board of Supervisors stating the City's opposition to the process sponsored by Supervisor Bianchi on forming an advisory committee on the Monterey Bay National Marine Sanctuary at the November 7, 2002 Marine Sanctuary Status Meeting; and requesting that the Board of Supervisors review the concept of a marine sanctuary independent of the ® Monterey Bay Sanctuary. A copy of this letter is to be sent to all cities and coastal community service districts in the County. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) D. NEW BUSINESS D-I DISCUSSION ON ACQUISITION OF SHANDON WATER; (PUBLIC SERVICES) Capital Projects Manager Bill Boucher stated the community of Shandon has been trying unsuccessfully to relinquish it's 100 acre foot per year State Water Project subcontract since before construction started on the Project. The City has been in discussion with San Luis Obispo County staff to acquire some or all of this amount for several years but would not recommend the City Council agree to pay the "present worth" of the "past costs". The Board of Supervisors discussed the form of the subcontract assignment and adopted the staff recommendation to require payment of the past costs. The County Public Works Department calculated these costs to equal about $3,634 per acre-foot. The City currently stands to acquire 75 acre-feet. Mr. Boucher stated during this period a developer, Wayne Colmer, needed to provide "greater than normal" public benefit to justify a change in zoning and increased density credit for a proposed housing project near the intersection of Main and Olive Streets. He had previously agreed to construct the access street from Morro Avenue to the Embarcadero identified in the Circulation Element and the Waterfront Master Plan to satisfy the requirement. As result of opposition, the Planning Commission removed the ® access street requirement, leaving the development with no means to provide the necessary E ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 12, 2002 offsetting public benefit. With no other identified options through which to secure the needed benefit, and thereby approval of the subdivision, the developer agreed to pay past costs of the Shandon Water. Staff brought the item to the City Council with a favorable recommendation in large part due to the payment of the past costs. At the same time, the City Council authorized pursuit of additional drought buffer to help further secure deliveries. Mr. Boucher recommended the City Council formally accept the Colmer financial offer and authorize the City Manager to execute documents necessary to complete the acquisition of a minimum of 75 acre feet and up to the full 100 acre feet of Shandon Water. Councilmember Peirce stated the City should get adequate assurances that we are protected from the County, and if the City purchases the Shandon Water acquisition, it should belong to the City. Councilmember Peters stated she would like the funds for a greater than normal public benefit to go into a separate fund to put towards a future public benefit. Councilmember Crotzer stated the City really does not need this allocation of water. He said he would like to see a public benefit such as a pedestrian ramp/bicycle ramp that would start ® at the northern portion of the Colmer Project and continue down to the State Park. Councilmember Elliott stated he agrees that if the City were to purchase this water allocation, it should belong to the City. He said he is opposed to going into a contract with the County for this allocation of water. Mayor Anderson stated water storage has always been a concern within the City, and a contract such as this gives the County too much authority over the City. MOTION: Councilmember Crotzer moved the City Council reaffirm the greater than normal public benefit condition of the development between the City and Tract 2285, Morro Cove, for payment of $250,000 toward cost in developing a project that provides greater than normal benefit, and authorize the Mayor to execute documents for the drought buffer agreement. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) Mayor Anderson called for a break at 9:25 p.m.; the meeting resumed at 9:33 p.m. 11 10 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 12, 2002 D-2 DISCUSSION ON THE INSTALLATION OF PARKING METERS AT THE EMBARCADERO; (PUBLIC SERVICES) Acting Public Services Director Bill OmdorfPs report noted at the request of the Mayor, the proposal to study the installation of parking meters within the Embarcadero has been placed on this agenda. He said there are several implications associated with the installation of parking meters. Prior to the decision, Embarcadero businesses and Chamber of Commerce should be informed of the proposal to be part of the decision making process. The enforcement of the parking restrictions must also be considered. Mr. Omdorff stated typically, the parking meter decision would be referred to the Public Works Advisory Board for public hearing and/or workshops to receive public input. He recommended the City Council discuss this issue and direct staff accordingly. Mayor Anderson stated his intention with this item was to open up discussion on all the topics relating to circulation and parking on the Embarcadero. Councilmember Peirce stated Council needs a vision, and this should be referred to the Public Works Advisory Board for review and recommendations. He said the Advisory ® Boards and Commissions reviewing this issue should have a copy of the R/UDAT study. Councilmember Peirce stated issues that should be considered are angle vs. parallel parking, traffic flow and possible uses for the lower portion of the property that the City is purchasing on the Embarcadero. 11 Councilmember Elliott stated parking meters are a source of revenue to fund those who provide enforcement. He said tourists would come if you provide services regardless of the parking constraints. Councilmember Elliott stated those who complain the most are business owners and their employees. He also noted that there is no study that shows that angle parking is a risk to collision. Councilmember Elliott stated the City Advisory Boards and Commissions should treat this issue as a priority. Councilmember Crotzer stated he would prefer to obtain more spread out parking rather than using parking meters. He said it should be mandatory that a tutorial be prepared to show the City's visions on this issue. Councilmember Crotzer stated perhaps a new Master Plan focusing on the Embarcadero/Centennial Stairway should be implemented calling for a larger committee review. Councilmember Peters stated each City Advisory Board and Commission should review this issue and bring back recommendations to the City Council. She also said public input is important. Councilmember Peters stated perhaps Council should fast schedule a joint meeting with the Boards and Commissions to obtain a vision. 11 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 12, 2002 MOTION: Councilmember Elliott moved the City Council direct each City Commission and Advisory Board to agendize this issue as a priority and return recommendations to the City Council. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) D-3 PRESENTATION BY REPRESENTATIVE OF THE SALVATION ARMY REGARDING POSSIBLE CITY GRANT APPLICATION TO BENEFIT THE HOMELESS JD Main of the Homeless Housing Project made a presentation to the City Council regarding the Homeless Housing Project in San Luis Obispo County. Councilmember Crotzer pledged $1.000 of his discretionary funds for the Homeless Housing Project. No action was taken on this item. ® F. ADJOURNMENT The meeting adjourned at 10:31 p.m. Recorded by: , -\&� 6 ~'�V Bridgett Bauer City Clerk 11 12 ® 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 — OCTOBER 28, 2002 CLOSED SESSION - OCTOBER 28, 2002 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 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 128-128W Negotiating Parties: Sharon Moores/Virg's Fish'n and the City Negotiations: Lease Terms and Conditions. Property: 714 Embarcadero & 781 Market Street Negotiating Parties: Ken Seibert and the City Negotiations: Voluntary Purchase and Sale. CS-2 GOVERNMENT CODE SECTION 54956.9(A): CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. In Re Morro Bay Power Plant Project; 00-AFC-12 IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. u ® PUBLIC SESSION - OCTOBER 28, 2002 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION — The Courts have concluded that sectarian prayer as part of City Council meetings is not permitted under the Constitution. 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 14. 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT — SEPTEMBER 2002; (FINANCE) RECOMMENDATION: Receive for information. ® A-3 EXPENDITURE REPORT — SEPTEMBER 2002; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 BUDGET CALENDAR FOR FISCAL YEARS 2003-2005; (FINANCE) RECOMMENDATION: Receive for information. A-5 RESOLUTION NO. 59-02 APPROVING INSTALLATION OF NO -PARKING ZONE ON PINEY WAY AT PACIFIC STREET; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 59-02. A-6 RESOLUTION NO. 60-02 APPROVING INSTALLATION OF STOP SIGNS ON IRONWOOD AVENUE AT ELENA STREET; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 60-02. A-7 RESOLUTION NO. 61-02 APPROVING INSTALLATION OF STOP SIGNS ON LAS TUNAS STREET AT KINGS AVENUE; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 61-02. ® A-8 GENERAL PLAN/LOCAL COASTAL PLAN UPDATE SCHEDULE; (PUBLIC SERVICES) RECOMMENDATION: Receive for information. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-I RESOLUTION NO. 62-02 APPROVING A COMMERCIAL PROPERTY PURCHASE AGREEMENT FOR ACQUISITION OF 714 EMBARCADERO AND 781 MARKET, MORRO BAY AND INTENTION TO FINANCE THE ACQUISITION; (CITY ATTORNEY) RECOMMENDATION: Adopt Resolution No. 62-02. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS ® RECOMMENDATION: Receive for information. 3 E C-2 DISCUSSION ON QUINTANA ROAD SPEED LIMIT; (PUBLIC SERVICES) RECOMMENDATION: Discuss and direct staff accordingly. C-3 STATUS REPORT ON RIUDAT DOWNTOWN IMPROVEMENT PROJECT; (PUBLIC SERVICES) RECOMMENDATION: D. NEW BUSINESS Receive for information. D-1 DISCUSSION ON PROPOSED KESTERSON RESERVOIR SELENIUM REMEDIATION PROGRAM DISC14ARGE INTO ESTERO BAY; (HARBOR) RECOMMENDATION: Discuss and direct staff accordingly. D-2 DISCUSSION ON OBTAINING EXTENDED BEACH ACCESS FOR LEASHED DOGS; (COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. D-3 CONSIDERATION OF SHORT TERM PARKING ZONES BY CITY HALL: (COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. D-4 FORMATION OF AN AD HOC COMMITTEE TO REVIEW TOURIST RELATED SIGNAGE WITHIN THE CITY; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. D-5 DISCUSSION ON REQUESTING A FEDERAL AND/OR STATE DECLARATION OF DISASTER ON BEHALF OF THE WEST COAST COMMERCIAL FISHERMEN 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 IIALL 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 ITENI 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 CIT1' 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 27 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE DIADE TO PROVIDE ACCESSIBILITY TO THE MEETING. rd MINUTES - MORRO BAY CITY COUNCIL ® CLOSED SESSION — OCTOBER 28, 2002 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 ::14M STAFF: CLOSED SESSION Colby Crotzer Robert Hendrix Robert Schultz Councilmember 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. (4-0) Mayor Anderson read the Closed Session statement. ® 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. • Property: Lease site 128-128W Negotiating Parties: Sharon Moores/Virg's Fish'n and the City Negotiations: Lease Terms and Conditions. • Property: 714 Embarcadero & 781 Market Street Negotiating Parties: Ken Seibert and the City Negotiations: Voluntary Purchase and Sale. CS-2 GOVERNMENT CODE SECTION 54956.9(A): CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. • In Re Morro Bay Power Plant Project; 00-AFC-12 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 to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (4-0) 0 The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — OCTOBER 28, 2002 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:07 p.m. PRESENT: Rodger Anderson Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember 11 r] ABSENT: Colby Crotzer STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Rick Algert Greig Cummings Frank Cunningham Jeff Jones Jim Koser Joe Loven Andrea Lueker Bill Omdorff Councilmember City Manager City Attorney City Clerk Harbor Director Planning Manager City Engineer Fire Chief Finance Director Police Chief Recreation & Parks Director Acting Public Services 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 under the Brown Act was taken. PUBLIC COMMENT Jeff O'Dell stated the local Republican Headquarters is endorsing a local candidate which is not in accordance with the Constitution of California, Section VI (a, b). He suggested the City handle this issue in an open forum. Bill Woodson addressed Item A-2 (Cash & Investment Report — September 2002) and asked for clarification on the reported "idle funds", and asked if this is a reflection of upcoming General Fund Revenue. Ken Vesterfelt asked where a citizen could make a donation for an "off -leash" dog park in Morro Bay. He also encouraged voters to carefully review the propositions and vote on November 5'�. 2 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — OCTOBER 28, 2002 John Barter Member of the Planning Commission, stated there is currently a process being reviewed by the Commission on the City sign ordinance, and a proposal will be brought to the City Council in the near future for approval. David Nelson stated there has been misinformation given in regards to the Duke Energy Power Plant. He said the non -binding resolution is a meaningless document, and noted the old plant is better than the proposed remodeled plant. Jack Hansen addressed Item D-5 (Discussion on Requesting a Federal and/or State Declaration of Disaster on Behalf of the West Coast Commercial Fishermen) stating local fishermen are feeling the negative impact from the closure of fishing along the coast. He also said the lack of pollution from when the plant was shut down had caused him discomfort. Jack McCurdy and Joan Carter reviewed past actions taken by Duke Energy Power Plant relating to the modernization of the Morro Bay Power Plant. Bill Yates stated he supports the Duke Energy Power Plant and referred to the 64% of Morro Bay voters who voted in support of the project. He also expressed support for the ® decisions made by this City Council. Garry Johnson expressed support for the job performed by staff and the City Council of Morro Bay. Mayor Anderson closed the public comment hearing. 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 OCTOBER 14, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT— SEPTEMBER 2002; (FINANCE) RECOMMENDATION: Receive for information. E 3 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — OCTOBER 28, 2002 A-3 EXPENDITURE REPORT — SEPTEMBER 2002; (FINANCE) RECOMMENDATION: Approve as submitted. AA BUDGET CALENDAR FOR FISCAL YEARS 2003-2005; (FINANCE) RECOMMENDATION: Receive for information. A-5 RESOLUTION NO. 59-02 APPROVING INSTALLATION OF NO -PARKING ZONE ON PINEY WAY AT PACIFIC STREET; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 59-02. A-6 RESOLUTION NO. 60-02 APPROVING INSTALLATION OF STOP SIGNS ON IRONWOOD AVENUE AT ELENA STREET; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 60-02. A-7 RESOLUTION NO. 61-02 APPROVING INSTALLATION OF STOP SIGNS ® ON LAS TUNAS STREET AT KINGS AVENUE; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 61-02. A-8 GENERAL PLAN/LOCAL COASTAL PLAN UPDATE SCHEDULE; (PUBLIC SERVICES) RECOMMENDATION: Receive for information. MOTION: Councilmember Elliott moved the City Council approve the Consent Calendar. The motion was seconded by Councilmember Peirce, and carried unanimously. (4-0) B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 RESOLUTION NO. 62-02 APPROVING A COMMERCIAL PROPERTY PURCHASE AGREEMENT FOR ACQUISITION OF 714 EMBARCADERO AND 781 MARKET, MORRO BAY AND INTENTION TO FINANCE THE ACQUISITION; (CITY ATTORNEY) Mayor Anderson stepped down from this item due to a conflict of interest. 11 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — OCTOBER 28, 2002 City Attorney Robert Schultz stated in April 2002, the City was informed that the property located at 714 Embarcadero and 781 Market Avenue was for sale and that the seller was interested in selling the property to the City. On April 22, 2002 and July 22, 2002, the City Council in a closed session meeting directed staff to negotiate for the acquisition of this property. The City and sellers of the property have completed negotiations in the sum of $2,700,000. Mr. Schultz recommended the City Council adopt Resolution No. 62-02 whereby the City will be acquiring the real property located at 714 Embarcadero and 781 Market Avenue; authorizes and directs the City Manager to accept, on behalf of the City of Morro Bay, deeds to the parcels of real property to be acquired by the City under the Purchase Contract and to execute, on behalf of the City, such additional documents, as may be needed to complete the City's acquisition of the parcels; and, authorizes the City to advance the funds from its General Reserve Fund to provide interim financing for purchase of the property and to -subsequently enter into a Lease/Purchase Agreement. Vice -Mayor Peirce opened the hearing for public comment. Bill Woodson expressed his support for this purchase, and said this property could become the heartbeat of the City. ® Betty Winholtz stated the City should not be in the real estate business. E David Nelson asked what the plans are for this property. He said he would like more information before Council makes a decision on this purchase. Mr. Nelson stated he would prefer the City not finance this purchase. Jim Wood stated this purchase is a good idea. He said discussions have been taking place on this concept for quite some time. Nancy Johnson stated this is a good idea in combining the downtown and Embarcadero. She requested Council consider parking as part of the concept plan. Garry Johnson stated he supports this purchase, and noted the importance of planning for additional parking. Vice -Mayor Peirce closed the public comment hearing. Councilmember Elliott stated this is a concept this Council has been working on for years. He said this is a prime piece of property and the City can determine what happens at this location. Councilmember Elliott stated the opportunities are huge with this purchase. E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — OCTOBER 28, 2002 Councilmember Peters stated the timing is right on this purchase. She said this would be an asset to the City for a long time to come. Councilmember Peters stated this could be the tie that brings the Embarcadero and the downtown together. Councilmember Peirce stated the City could only acquire property at the appraised value, and that has been difficult in past considerations. He said to be able to make this purchase at a price we can legally afford is unbelievable. Councilmember Peirce stated this property is the pivot point of being able to make things happen. MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 62- 02 whereby the City will be acquiring the real property located at 714 Embarcadero and 781 Market Avenue; authorizes and directs the City Manager to accept, on behalf of the City of Morro Bay, deeds to the parcels of real property to be acquired by the City under the Purchase Contract and to execute, on behalf of the City, such additional documents, as may be needed to complete the City's acquisition of the parcels; and, authorizes the City to advance the funds from its General Reserve Fund to provide interim financing for purchase of the property and to subsequently enter into a Lease/Purchase Agreement. The motion was seconded by Councilmember ® Peters and carried with Mayor Anderson abstaining. (3-0-1) Mayor Anderson called for a break at 7:23 p.m.; the meeting resumed at 7:39 p.m. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS City Attorney Robert Schultz reviewed the progress report on the Duke Energy Power Plant Project for public information. This was an informational item, and no action was taken. MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — OCTOBER 28, 2002 C-2 DISCUSSION ON QUINTANA ROAD SPEED LIMIT; (PUBLIC SERVICES) City Engineer Frank Cunningham stated along with no -parking designation, the issue of traffic speeds on Quintana Road was discussed at Council meetings from May 14, 2001 through August 13, 2001. During the meetings, a Traffic Engineers analysis was received that recommended the speed limit on Quintana Road from Kennedy Way to Main Street be reduced to 25 mph. At the August IP meeting, staff had recommended the Council retain the on -street parking prohibition, and further recommended the Council direct staff to prepare an ordinance to include the section of Quintana Road west of Kennedy Way in the Central Traffic District 25 mph speed limit. At that time, the parking was resolved, but no action was taken regarding the traffic study. In recent weeks, staff has reviewed the posted speed signs, turning movements and vehicular speeds on Quintana Road from Main Street to Morro Bay Boulevard. Mr. Cunningham recommended to the City Council that operational improvements be made to existing signage at this time to ensure proper safe speeds from Kennedy Way to Morro Bay Boulevard. He said staff feels the 25 mph signs located on Quintana Road, eastbound just east of Kennedy Way, and westbound just west of Morro Bay Boulevard are too close to the comers. Vehicles coming around the comers do not have adequate time to complete the turn and also see the posted signs. Along with moving these signs farther from the corners, it is also recommended to add an ® eastbound 25 mph sign just west of McDonalds. Mr. Cunningham stated this is intended to f ether emphasize the reduced speed for the approaching curves and driveways. MOTION: Councilmember Peirce moved the City Council direct staff to prepare an ordinance to include the section of Quintana Road west of Kennedy Way in the Central Traffic District 25 mph speed limit. The motion was seconded by Councilmember Peters and carved unanimously. (4-0) C-3 STATUS REPORT ON RUUDAT DOWNTOWN IMPROVEMENT PROJECT; (PUBLIC SERVICES) Acting Public Works Director Bill Omdorff stated the City Council allocated $250,000 for RUDAT improvements for downtown in the vicinity of Morro Bay Boulevard and Main Street. Mr. Omdorff stated it is proposed that City Council will review and designate the final RUDAT improvement concepts following a demonstration of the proposed streetlights and bollard lights. In addition, the Council was to view the general location of the proposed 5'xl5' median(s) which was planned for this evening; however, the consultant was not able to get the manufacturer of the proposed streetlights to set up a demonstration in a timely manner. Mr. Orndorff stated staff will work with the consultant to arrange a demonstration of the street and bollard lights, and will notify Council as soon as this is scheduled. This was an informational item, and no action was taken. 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — OCTOBER 28, 2002 D. NEW BUSINESS D-1 DISCUSSION ON PROPOSED KESTERSON RESERVOIR SELENIUM REMEDIATION PROGRAM DISCHARGE INTO ESTERO BAY; (HARBOR) Harbor Director Rick Algert reviewed a fact sheet on the San Luis Drainage Feature Reevaluation Project, on the preliminary alternatives and the minutes of the August 26, 2002 meeting held on the Point Estero discharge alternative. He said while no cost analysis is currently available, preliminary indications are that the least cost alternative will be delta outfall and not ocean outfall. Mr. Algert requested the City Council review the San Luis Drainage Feature Reevaluation Project, and provide staff with direction regarding any potential comments to the Bureau of Reclamation. MOTION: Councilmember Peirce moved the City Council direct staff to draft a letter for the Mayor's signature in opposition to the ocean discharge of the selenium -laden water. The motion was seconded by Councilmember Elliott and carried unanimously. (4-0) D-2 DISCUSSION ON OBTAINING EXTENDED BEACH ACCESS FOR LEASHED ® DOGS; (COUNCIL) Councilmember Peters requested this item be agendized for consideration during Future Agenda Items at the October 14, 2002 City Council meeting. Her request arises out of an earlier discussion during the public forum on the dog ban on Atascadero State Beach. Discussed was the idea of sending a letter to State Parks regarding the newly imposed restrictions on the State Beach. Specifically, the Council was concerned about the possibility of changing the boundaries of the restricted area slightly to open up a small portion of the beach to leashed dogs. MOTION: Councilmember Peters moved the City Council direct staff to draft a letter to State Parks requesting to open up a small portion of the beach to leashed dogs by changing the boundaries of the restricted area from the portion of the beach at the southern boundary of the Morro Strand State Park Campground and North Point. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) G MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — OCTOBER 28, 2002 D-3 CONSIDERATION OF SHORT TERM PARKING ZONES BY CITY HALL; (COUNCIL) Councilmember Peters requested this item be agendized for consideration during Future Agenda Items at the October 14, 2002 City Council meeting. Planning Commissioner Vesterfelt mentioned the need for limited time parking spaces on Shasta Street adjacent to City Hall. Staff advised it to be appropriate to refer this issue to staff and the Public Works Advisory Board for review and recommendation to the City Council. MOTION: Councilmember Peters moved the City Council refer this item to the Public Works Advisory Board for review and recommendation to the City Council. The motion was seconded by Councilmember Elliott and carried unanimously. (4-0) D4 FORMATION OF AN AD HOC COMMITTEE TO REVIEW TOURIST RELATED SIGNAGE WITHIN THE CITY; (ADMINISTRATION) Mayor Anderson stated he has been approached by members of the community regarding changing the signs within the City that guide tourists to places of interest. The Mayor seeks the City Council's support for the idea of forming an ad -hoc committee to look at existing signs and ® recommend improvements. He also recommends that such a committee be made up of a delegate member from each of the City's advisory groups including the Planning Commission. MOTION: Councilmember Elliott moved the City Council form an ad -hoc committee made up of a delegate member from each of the City's advisory groups including the Planning Commission to look at existing signs and recommend improvements to the City Council. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) D-5 DISCUSSION ON REQUESTING A FEDERAL AND/OR STATE DECLARATION OF DISASTER ON BEHALF OF THE WEST COAST COMMERCIAL FISHERMEN Harbor Director Rick Algert stated in the mid 1990's, the federal government declared a federal disaster in the west coast salmon fishery. In January 2000, the Secretary of Commerce declared a federal disaster in the West Coast ground fish fisheries, which has resulted in some limited federal disaster assistance funding going through the state to observer programs, enhanced research, and creation of the Ground Fish Disaster Stipend Program. In August 2002, the City Council supported vessel buyback legislation for the west coast ground fish fishery co-authored by Congresswoman Capps. This legislation was withdrawn and our Congressperson reports they expect a revised bill to be resubmitted very soon. Recently the Pacific Fishery Management Council and the state Fish and Game Commission have announced emergency closures of many 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — OCTOBER 28, 2002 commercial fisheries at least until the end of the year to prevent by -catch of a very few species which may be threatened or below sustainable yields. This will have a significant adverse impact on most of the commercial fishing businesses in the State of California_ State Assemblyman Maldonado has previously been very supportive of the commercial fishing industry and is a member of the joint committee on fishery and aquaculture. Mr. Algert recommended the City Council authorize the Mayor to correspond with Assemblyman Maldonado regarding the declaration of a state of emergency in commercial fishing. MOTION: Councilmember Peirce moved the City Council authorize the Mayor to correspond with Assemblyman Maldonado regarding the declaration of a state of emergency in commercial fishing. The motion was seconded by Councilmember Elliott and carried unanimously. (4-0) F. ADJOURNMENT The meeting adjourned at 8:15 p.m. ® Recorded by: �,A, t \6 � Bridgett Bauer City Clerk E [K ® 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 — OCTOBER 14, 2002 CLOSED SESSION - OCTOBER 14, 2002 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA Is CS-1 GOVERNMENT 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 I (ONE) MATTER: • ECO SLO v CITY OF MORRO BAY IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. F J ® PUBLIC SESSION - OCTOBER 14, 2002 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION — The Courts have concluded that sectarian prayer as part of City Council meetings is not permitted under the Constitution. 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 23, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 57-02 ADOPTING CITY COUNCIL POLICY FOR GRANT OF SPECIALLY FUNDED POSITIONS; (FINANCE) ® RECOMMENDATION: Adopt Resolution No. 57-02. 2 ® A-3 RESOLUTION NO. 58-02 AUTHORIZING EXECUTION OF A STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR A SECTION 5311 CAPITAL ASSISTANCE GRANT TO PURCHASE A REPLACEMENT TROLLEY AND COMPUTER; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 58-02. A4 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR STREET OVERLAY PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Accept the project as completed by Union Asphalt, Inc., and authorize the Ming of the Notice of Completion. A-5 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR HIGH SCHOOL BIKE PATH PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Accept the project as completed by John Madonna Construction Company, and authorize the filing of the Notice of Completion. A-6 MONTHLY UPDATE ON COUNCIL REQUESTS; (ADMINISTRATION) ® RECOMMENDATION: Receive for information. 11 B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 CONSIDERATION OF CONCEPT PLAN FOR THE CONVERSION OF SECOND STORY OFFICE SPACE AND STORAGE TO THREE-ROOM BED AND BREAKFAST ESTABLISHMENT LOCATED AT 833 EMBARCADERO; (PUBLIC SERVICES) RECOMMENDATION: Approve the Concept Plans for Conditional Use Permit No. 21-02 based on the Findings and Conditions adopted by the Planning Commission at their September 3, 2002 hearing. B-2 CONSIDERATION OF WATER MANAGEMENT PLAN STATUS REPORT; (PUBLIC SERVICES) RECOMMENDATION: Approve the status report, and direct staff to forward it to the Coastal Commission for approval. 3 ® C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS RECOMMENDATION: Receive for information. 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. Ll 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. 11 NOTICE OF SPECIAL CITY COUNCIL WORKSHOP NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Workshop on Tuesday, October 8, 2002 from 7:00 p.m. to 9:00 p.m. to be held at the Veterans' Memorial Building, 209 Surf Street, Morro Bay, California to discuss the ban on dogs at Atascadero State Beach. 0 DATED: October 7, 2002 Bridgett B .der, City Clerk 1 ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION — OCTOBER 14, 2002 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: Jim Koser Acting 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(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 1 (ONE) MATTER • ECO SLO v CITY OF MORRO BAY The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:43 p.m. MOTION: Councilmember Elliott moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) The meeting adjourned at 5:43 p.m. 11 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 14, 2002 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: Jim Koser Acting City Manager Robert Schultz City Attorney Bridgett Bauer City Clerk Rick Algert Harbor Director Bill Boucher Capital Projects Manager Janeen Burlingame Management Analyst Greig Cummings Planning Manager Gary Keiser Senior Planner 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 no reportable action under the Brown Act was taken. E PUBLIC COMMENT Ken Vesterfelt, Planning Commissioner, stated the Planning Commission could only review the traffic circulation on the Embarcadero at the request of the City Council, and he asked if the City Council could make that request. As a private citizen, Mr. Vesterfelt requested the City Council consider the discussion of parking time zones around City Hall. He also addressed the upcoming election and stated voting is an American duty and encouraged the citizens of Morro Bay to vote. Dannie Tope asked when the City would be scheduling the downtown lighting demonstration. Ms. Tope also requested the City Council consider the discussion of entrance and directional signs throughout the City. 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 14, 2002 Bill Woodson, Chairman of Public Works Advisory Board, expressed support for Council discussion on the traffic circulation study on the Embarcadero. He also recommended the City consider an "off leash" dog park at the Chevron property. Peter Wagner addressed an article from the Sunday edition of The Tribune regarding a selenium runoff pipeline into Estero Bay. He asked what the City's position is on a marine sanctuary. David Nelson expressed opposition to the proposed selenium runoff pipeline into Estero Bay stating it will have a negative impact on our estuary. He also expressed concern with the Duke Energy pay-off to the City, and the abandonment of other projects by Duke Energy. Stan House expressed his gratitude for the workshop held regarding the ban on dogs at Atascadero State Beach. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peters requested the discussion on obtaining extended beach access for ® leashed dogs. She also requested the consideration of short term parking zones by City Hall. Councilmember Elliott requested a future discussion on the City's position relating to the State housing issue. Councilmember Crotzer requested the .discussion on the proposed selenium runoff pipeline into Estero Bay. 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 23, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 57-02 ADOPTING CITY COUNCIL POLICY FOR GRANT OF SPECIALLY FUNDED POSITIONS; (FINANCE) ® RECOMMENDATION: Adopt Resolution No. 57-02. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 14, 2002 A-3 RESOLUTION NO. 58-02 AUTHORIZING EXECUTION OF A STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR A SECTION 5311 CAPITAL ASSISTANCE GRANT TO PURCHASE A REPLACEMENT TROLLEY AND COMPUTER; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 58-02. A-4 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR STREET OVERLAY PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Accept the project as completed by Union Asphalt, Inc., and authorize the filing of the Notice of Completion. A-5 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR HIGH SCHOOL BIKE PATH PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Accept the project as completed by John Madonna Construction Company, and authorize the filing of the Notice of Completion. ® A-6 MONTHLY UPDATE ON COUNCIL REQUESTS; (ADMINISTRATION) RECOMMENDATION: Receive for information. Councilmember Crotzer pulled Item A-6 from the Consent Calendar. MOTION: Councilmember Crotzer moved the City Council approve the Consent Calendar with the exception of Item A-6. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-6 MONTHLY UPDATE ON COUNCIL REQUESTS; (ADMINISTRATION) Councilmember Crotzer reviewed upcoming project deadlines for public information. 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 called for a break at 6:57 p.m.; the meeting resumed at 7:05 p.m. u 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 14. 2002 B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 CONSIDERATION OF CONCEPT PLAN FOR THE CONVERSION OF SECOND STORY OFFICE SPACE AND STORAGE TO THREE-ROOM BED AND BREAKFAST ESTABLISHMENT LOCATED AT 833 EMBARCADERO; (PUBLIC SERVICES) Mayor Anderson stepped down from this discussion due to a conflict of interest. Senior Planner Gary Keiser stated on March 20, 2000, the Planning Commission conditionally approved concept plans for Conditional Use Permit (CUP) 36-99. The plans were for the conversion of upstairs office and storage space at 833 Embarcadero to a three-room bed & breakfast establishment ("Smuggler's Inn".) On April 10, 2000, the concept plans for CUP 36-99 were approved by the City Council through the approval of an amended lease agreement. The applicants neglected to file a time extension request within the two-year lifespan of approval. The concept plan approvals for CUP 36-99 have therefore expired and can only be resurrected via a new application and hearings before the Planning Commission and City Council. On July 31, 2002, a new application for the proposed bed & breakfast was filed (CUP 21-02). The Planning Commission ® approved the concept plan application on September 3, 2002. Originally, the project was to include a new tower structure to contain a wheelchair lift. It has since been determined that such a lift is not required. The elimination of the lift and tower structure significantly reduces the proposal's impacts because the proposal no longer involves the visual/view obstruction impacts that were of considerable controversy the first time being reviewed. Other than the elimination of the tower structure, and name change to "Bayside Inn," the proposed bed & breakfast is identical to the one previously approved. Mr. Keiser recommended the City Council approve the concept plans for CUP 21-02 based on the findings and conditions adopted by the Planning Commission at their September 3, 2002 hearing. Vice -Mayor Peirce opened the hearing for public comment; there were no comments and Vice -Mayor Peirce closed the public comment hearing. MOTION: Councilmember Elliott moved the City Council approve the concept plans for CUP 21-02 based on the findings and conditions adopted by the Planning Commission at their September 3, 2002 hearing. The motion was seconded by Councilmember Crotzer and carried with Mayor Anderson abstaining. (4-0-1) 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 14. 2002 B-2 CONSIDERATION OF WATER MANAGEMENT PLAN STATUS REPORT_: (PUBLIC SERVICES) Capital Projects Manager Bill Boucher stated the Water Management Plan (WMP), adopted in 1994 and placed into effect upon Coastal Commission certification in 1995, established a blue print for water resources now and into the future. As a requirement of the WMP, the City is to periodically re -assess the condition of the community's potable water resources and submit a report to the Executive Director of the Coastal Commission. A Water Management Plan Status Report endorsed by subcommittees formed by the Planning Commission and Public Works Advisory Board, has come to the conclusion that the existing WMP remains valid and successful continuation of the programs will allow for adequate sustainable water supplies for the community at General Plan build - out. Mr. Boucher along with the Planning Commissioners and Public Works Advisory Board Members recommend the City Council approve the Water Management Plan Status Report, and direct staff to forward it to the Coastal Commission. Mayor Anderson opened the hearing for public comment. Bill Woodson, Chairman of Public Works Advisory Board, addressed the effectiveness of ® the sub -committees who reviewed the Water Management Plan Status Report. He said there are many opportunities for the City to benefit from water reclamation. Betty Winholtz asked at what point would the City stop purchasing State Water. Don Boatman stated water reclamation is beneficial because it saves water and is a good resource. John Barta stated the review of the Water Management Plan by the sub -committee was a very useful and productive process. He said for policy purposes the water reclamation program is valuable; however, for operational, cost and practicality purposes, water reclamation is more difficult to implement. Mayor Anderson closed the public comment hearing. MOTION: Councilmember Elliott moved the City Council approve the Water Management Plan Status Report, and direct staff to forward it to the Coastal Commission. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 14, 2002 C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS City Attorney Robert Schultz reviewed the progress report on the Duke Energy Power Plant Project for public information. This was an informational item, and no action was taken. D. NEW BUSINESS — None. F. ADJOURNMENT The meeting adjourned at 7:37 p.m. ® Recorded by: I" `^ 4� 4 Bridgett Bauer City Clerk 7 ® NOTICE, OF SPE,CI_ L, CLOSED SESSION MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Closed Session Meeting on Thursday, September 26, 2002 at 5:30 p.m. to be held in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be considering the following issue: CS-1 GOVERNMENT CODE SECTION 54956.9©; 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. 11 IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. DATED: September 24, 2002 Bridgett Quer, City Clerk 11 ® 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 — SEPTEMBER 23, 2002 CLOSED SESSION — SEPTEMBER 23, 2002 CITY HALL CONFERENCE ROOM - 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 GEORGE v. CITY OF MORRO BAY USBC ND 94-12409 RR IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. r', ® PUBLIC SESSION — SEPTEMBER 23, 2002 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 SEPTEMBER 9, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT — AUGUST 2002; (FINANCE) RECOMMENDATION: Receive for information. 2 ® A-3 EXPENDITURE REPORT — AUGUST 2002; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 56-02 APPROVING A 30-YEAR LEASE AGREEMENT FOR LEASE SITE 57-61/57W-61W - MORRO BAY YACHT CLUB; (HARBOR) RECOMMENDATION: Adopt Resolution No. 56-02. A-5 ANNUAL REPORT FOR PROPOSED USE OF AB 1913 FUNDS - CITIZENS OPTION FOR PUBLIC SAFETY FUNDING; (POLICE) RECOMMENDATION: Receive for information. A-6 RESOLUTION NO. 53-02 REQUESTING PUBLIC EMPLOYEES' RETIREMENT SYSTEM BOARD OF ADMINISTRATION TO WAIVE THE 960-RULE FOR EMPLOYMENT OF RETIREE WILLIAM ORNDORFF; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 53-02. A-7 RESOLUTION NO. 54-02 APPROVING AGREEMENT WITH MANAGEMENT ® UNIT, AND RESOLUTION NO. 55-02 APPROVING AGREEMENT WITH CONFIDENTIAL UNIT RELATING TO EMPLOYEE COMPENSATION AND FRINGE BENEFITS; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution Nos. 54-02 and 55-02. A-8 APPROVAL OF COMPENSATION INCREASE TO CITY MANAGER; (ADMINISTRATION) RECOMMENDATION: Approve a 7% Cost of Living Adjustment for the City Manager effective July 1, 2002. B. PUBLIC HEARINGS. REPORTS & APPEARANCES — NONE. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS RECOMMENDATION: Receive for information. u 3 rAL C-2 REVIEW OF COST AND GRANT OPPORTUNITIES FOR A PUBLIC SWIMMING POOL IN MORRO BAY; (RECREATION & PARKS) RECOMMENDATION: Discuss and direct staff accordingly. D. NEW BUSINESS D-I ' DISCUSSION ON USE OF CITY FACILITIES AND REAL PROPERTY BOUNDARY ADJUSTMENTS ALONG ATASCADERO ROAD WEST; (RECREATION & PARKS) 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. 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. ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION — SEPTEMBER 23, 2002 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 • GEORGE v. CITY OF MORRO BAY USBC ND 94-12409 RR The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:15 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 5:15 p.m. 11 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 23, 2002 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 Jeff Jones Fire Chief Jim Koser Finance Director Joe Loven Police Chief Andrea Lueker Recreation & Parks Director Bill Omdorff Acting Public Services 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 under the Brown Act was taken. PUBLIC COMMENT Betty Forsythe, Morro Bay Friends of the Library, announced October events related to the library expansion project. Al Schoenfield requested Council consideration to build a swimming pool stating it would be a great asset in Morro Bay. Pandora Nash -Kamer encouraged Council consideration to build a swimming pool in Morro Bay. She said based on the lack of swimming facilities in the County, a pool in Morro Bay would attract approximately 81,000 people per year. El 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 23, 2002 Roger Ewing expressed opposition to Item A-8 (Approval of Compensation Increase to City Manager) stating $140,000 is too high a salary for a manager of a city with a population of 10,000. He expressed support for Item C-2 (Review of Cost and Grant Opportunities for a Public Swimming Pool in Morro Bay) stating 220 Atascadero Road would be an appropriate location for a swimming pool. Meredith Bates announced there are two upcoming candidates forums that will be directed by the League of Women Voters. She said one forum will be held on October IS` and sponsored by the Morro Bay Chamber of Commerce, and the other will be held on October 15a' and sponsored by the Morro Bay Women's Political Caucus. Betty Winholtz addressed Item D-1 (Discussion on Use of City Facilities and Real Property Boundary Adjustments along Atascadero Road West) stating the building at 220 Atascadero Road should be used for a more productive use than storage. She also expressed concern with the discrepancy in the variation of cost of living increases received by the City's employees and the City Manager, and said she would like for it to be more equitable. Ms. Winholtz asked if the City has a grievance procedure. ® Bill Woodson expressed support for a community pool, and said the City should look into contracting with other agencies. 11 Pat Mullen, Duke Energy, clarified the news article in The Tribune regarding the shut down of the Morro Bay Power Plant. He said the plant would continue to operate in the future. William Yates addressed Item D-1 stating the primary responsibility of the City is to get its money back from the purchase of this property as a teen center. He said there should be discussion of re -opening it as a skating rink. David Nelson expressed support for a community pool. He also addressed concerns with the proposed increase for the City Manager. Mr. Nelson noted the high level of layoffs at Duke Energy, and expressed concern with the City's recovery of costs from Duke Energy. He also requested clarification on Item A-6 (Resolution No. 53-02 Requesting Public Employees' Retirement System Board of Administration to Waive the 960-Rule for Employment of Retiree William Omdorff). 3 U 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 23, 2002 Don Boatman stated he would like the City Community Promotions Committee to consider promotions that benefit the citizens of Morro Bay. He said a swimming pool along the coast would be a win -win opportunity for both the citizens and visitors to Morro Bay. Mr. Boatman agreed that the skating rink should be re -opened. He shared an e-mail received from Pete Wagner regarding the proposed increase in salary for the City Manager. Mayor Anderson closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS Mayor Anderson requested a report from the City Attorney regarding the rental of granny units. A. CONSENT CALENDAR Unless an item s 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 9, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT— AUGUST 2002; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT — AUGUST 2002; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 56-02 APPROVING A 30-YEAR LEASE AGREEMENT FOR LEASE SITE 57-61/57W-61 W - MORRO BAY YACHT CLUB_: (HARBOR) RECOMMENDATION: Adopt Resolution No. 56-02. 4 MINUTES - MORRO BAY CITY COUNCIL ®. REGULAR MEETING - SEPTEMBER 23, 2002 A-5 ANNUAL REPORT FOR PROPOSED USE OF AB 1913 FUNDS - CITIZENS OPTION FOR PUBLIC SAFETY FUNDING; (POLICE) RECOMMENDATION: Receive for information. A-6 RESOLUTION NO. 53-02 REQUESTING PUBLIC EMPLOYEES' RETIREMENT SYSTEM BOARD OF ADMINISTRATION TO WAIVE THE 960-RULE FOR EMPLOYMENT OF RETIREE WILLIAM ORNDORFF; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 53-02. A-7 RESOLUTION NO. 54-02 APPROVING AGREEMENT WITH MANAGEMENT UNIT, AND RESOLUTION NO. 55-02 APPROVING AGREEMENT WITH CONFIDENTIAL UNIT RELATING TO EMPLOYEE COMPENSATION AND FRINGE BENEFITS; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution Nos. 54-02 and 55-02. ® A-8 APPROVAL OF COMPENSATION INCREASE TO CITY MANAGER: (ADMINISTRATION) RECOMMENDATION: Approve a 7% Cost of Living Adjustment for the City Manager effective July 1, 2002. Councilmember Crotzer pulled Items A-2, A-7, and A-8 from the Consent Calendar; Councilmember Peirce pulled Item A-4. MOTION: Councilmember Crotzer moved the City Council approve the Consent Calendar with the exception of Items A-2, A-4, A-7, and A-8. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-2 CASH & INVESTMENT REPORT— AUGUST 2002; (FINANCE) Councilmember Crotzer requested staff review of the City's Cash & Investment Report for August 2002. Finance Director Jim Koser reviewed the City's portfolio for public information. 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) 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 23, 2002 A4 RESOLUTION NO. 56-02 APPROVING A 30-YEAR LEASE AGREEMENT FOR LEASE SITE 57-61/57W-61 W - MORRO BAY YACHT CLUB; (HARBOR) Councilmember Peirce stated since he is a member of the Yacht Club, he will be stepping down on the discussion of this item. Mayor Anderson clarified that although he is a leaseholder on the Embarcadero, this issue is not a conflict of interest for him. MOTION: Mayor Anderson moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried with Councilmember Peirce abstaining. (4-0-1) A-7 RESOLUTION NO. 54-02 APPROVING AGREEMENT WITH MANAGEMENT UNIT, AND RESOLUTION NO. 55-02 APPROVING AGREEMENT WITH CONFIDENTIAL UNIT RELATING TO EMPLOYEE COMPENSATION AND FRINGE BENEFITS, AND RELATED COMPENSATION; (ADMINISTRATION) ® Councilmember Crotzer announced he would be voting in opposition to this item stating he does not believe that the private sector should be excluded from surveys that assist the City in fording medians in salary wages. He recommended the City use these funds as incentives to employees as a reward for performance. E Councilmember Peters stated although she believes the pay is substantial for this area, it is important to maintain good employees by paying competitive salaries as paid by other cities in the County. Councilmember Peirce stated there is a competitive job market within the County, and the salaries should be competitive in order to maintain good employees Councilmember Elliott referred to Issues 13.4 (Long Term Disability Insurance) and 13.5 (Deferred Compensation Contribution) in the Management contract, and stated this should also be offered to the lower -rank employees. He said he would be voting in opposition unless this was made available to all employees because it is inappropriate to offer it to only the management group. Mayor Anderson stated the recruitment effort to find a Public Services Director has been unsuccessful due to the pay scale vs. housing costs in our area. n. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 23, 2002 MOTION: Mayor Anderson moved the City Council approve Item A-7 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried with Councilmember Crotzer and Councilmember Elliott voting no. (3-2) A-8 APPROVAL OF COMPENSATION INCREASE TO CITY MANAGER: (ADMINISTRATION) Councilmember Crotzer stated he would be voting in opposition to this item stating the City is paying too much for the City Manager. He said what he would like a City Manager to do is drive up the quality of production in each department. and that is not happening. Councilmember Elliott stated the City has experienced a considerable increase in becoming a professional City because of Mr. Hendrix and his direction, and he is more than deserving of an increase. Councilmember Peters stated this is the first raise Mr. Hendrix has had in two years, which is a 3.5% cost of living increase that is equivalent to the other employee units. ® Councilmember Peirce agreed with Councilmember Peters' comments. Mayor Anderson stated there is much more cohesiveness in the City than it has had in the past, and the City is moving ahead due to Mr. Hendrix direction. 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 7:20 p.m.; the meeting resumed at 7:30 p.m. B. PUBLIC HEARINGS REPORTS & APPEARANCES — None. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS City Attorney Robert Schultz reviewed the progress report on the Duke Energy Power ® Plant Project for public information. 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 23, 2002 This was an informational item, and no action was taken. C-2 REVIEW OF COST AND GRANT OPPORTUNITIES FOR A PUBLIC SWIMMING POOL IN MORRO BAY; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated at the August 26, 2002 City Council meeting, Council directed staff to research the cost and grant opportunities for a public swimming pool in Morro Bay. She said the Recreation & Parks Department previously operated the outdoor, six -lane, twenty-five yard pool with a diving well at Morro Bay High School. The Morro Bay High School pool was a difficult facility to operate because the pool was not heated or maintained on a consistent basis. Due to the inconsistency of the pool environment, keeping a consistent group of swimmers was difficult. In reviewing the records from 1998, the pool generated approximately $14,000 in revenue during the summer with an additional $6,000 in lap swim revenue. The costs, which included rent to the school district, school district custodial overtime and part-time staffmg, totaled $46,000. Ms. Lueker reviewed the swimming pool costs received from other agencies. She suggested prior to any significant planning, a feasibility study should be done. The study ® costs range from approximately $7,500 to $75,000 and range in detail and purpose. For a basic feasibility study with site plans and color renderings the cost is estimated at $10,000 to $15,000. The feasibility study is included in the City Council priorities for fiscal year 2001/2003-budget created by consensus on March 26, 2001. Ms. Lueker stated in a short review of granting agencies, the possibility of grants for building a pool is very limited and the possibility for grant funds for operation and maintenance appears non-existent. The best possibility for funding for construction is the Proposition 40 Parks Bond Act that was passed in March 2002. The City of Morro Bay has received approximately $90,000 of Per Capita Funds, $274,000 of Competitive Grant Funds from Proposition 12 (the Parks Bond Act that passed in 2000). As with Propositionl2, Proposition 40 will provide Per Capita Funds as well as the possibility of competitive funds for recreation improvements. At this time, the funds from Proposition 40 have not yet been distributed and the guidelines for competitive grants are not yet available. There may be a possibility of grant funding for construction if the pool is linked with some sort of special population, however, that has not yet been researched. Ms. Lueker recommended the City Council discuss the information provided, and direct staff accordingly. E? ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 23, 2002 Councilmember Crotzer stated the City's property on Atascadero Road is a prime location for a pool. He said the City should obtain a copy of the Los Osos feasibility study on a community pool for public review at the Morro Bay Library. Councilmember Crotzer stated a pool should be a high priority for most part to offer swim lessons for the safety of those who do not know how to swim. Councilmember Elliott stated the City should seek outside agencies or neighboring communities that would consider a partnership in building and maintaining a public pool in Morro Bay. He said the majority of people who would use a community pool in Morro Bay would be coming from outside the City. Councilmember Elliott stated the costs involved in the construction and maintenance of a pool should be shared by cooperative agencies and not completely placed on the City. Councilmember Peirce stated discussions should be opened with the school district regarding participation in the maintenance costs and overhead of a community pool. Councilmember Peters stated there is no way the City can construct and maintain a pool on its own. She said it would not be feasible unless the City has a cooperative agency to ® contribute in the costs. Mayor Anderson stated water safety is of utmost importance. He said with the property on Atascadero Road being so close to the high school, there should be some interest of the school district to consider some commitment. Mayor Anderson stated a community pool should be the City's next highest priority. u Councilmember Crotzer stated perhaps the school district's economy has been boosted with the recent closing of schools. He suggested the City look at other revenue sources as well as with the school district. Councilmember Elliott stated there are other entities that might be interested such as the YMCA and Red Cross. MOTION: Councilmember Elliott moved the City Council approve the funding for a feasibility study with a $15,000 cap, and direct staff to research the private and public participation of the agencies discussed for the construction and maintenance of a community swimming pool. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) E ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 23, 2002 D. NEW BUSINESS D-I DISCUSSION ON USE OF CITY FACILITIES AND REAL PROPERTY BOUNDARY ADJUSTMENTS ALONG ATASCADERO ROAD WEST; (RECREATION & PARKS) City Manager Robert Hendrix stated the City has acquired 231 Atascadero Road as the permanent home for the City's youth center programs. That means that the 220 Atascadero Road site originally purchased for this purpose, is not available for other use. This development provides the City with a unique opportunity to address other important issues. First the availability of 220 Atascadero Road for City use means there is a possibility of resolving long-standing real estate title conflicts with the Cayucos Sanitary District related to jointly owned property in the vicinity of the wastewater treatment plant. This site can also be pressed into service to solve any immediate space problems at the City corporation yard related to the desalination plant. Additional land area within Atascadero Road site also provides needed storage for official records. Mr. Hendrix stated should the City Council feel that these goals are worthwhile and would like staff to ® pursue them, Council should authorize spending up to $5,000 for survey work and approving the ideas in concept. Council is also requested to approve the change in direction for use of the 220 Atascadero Road site. This change is justified given that the original intended use as a youth center is no longer needed with the purchase of 231 Atascadero Road. l J Councilmember Elliott stated 220 Atascadero Road is prime property and should be used for a beneficial use. He said the City needs to do an inventory of the records being stored, and figure out what type of facility is needed to store them in. Councilmember Elliott stated the City should find out where the property lines are, and look at the best possible use for the site. Councilmember Peters stated 220 Atascadero Road should be considered for a recreational use such as a skating rink. Councilmember Peirce stated it would take tremendous cash investment to rehabilitate the skating rink prior to leasing it for operation. Mayor Anderson stated he would choose a community pool over a skating rink at this location. He said the separation of uses on the jointly owned property with Cayucos Sanitary District would benefit the partnership greatly. 10 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 23, 2002 Councilmember Crotzer expressed concern with turning property purchased for a recreational use into a public services building. He said the City should find a location to properly store its records, and use the acquisition of public funds for a recreational use. MOTION: Councilmember Elliott moved the City Council authorize staff to spend up to $5,000 for a land survey and possible amendment to property boundaries, and conduct an inventory of the records stored at 220 Atascadero Road. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) F. ADJOURNMENT The meeting adjourned at 8:33 p.m. Recorded by: ® 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 — SEPTEMBER 9, 2002 CLOSED SESSION - SEPTEMBER 9, 2002 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 the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. 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 one (1) parcel. Property: Embarcadero Road/Pacific Street Negotiating Parties: Seibert Family Trust 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. 11 ® PUBLIC SESSION - SEPTEMBER 9, 2002 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 AUGUST 26, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 APPROVAL OF DRAFT LETTER TO CONGRESSWOMAN CAPPS REQUESTING TO INITIATE WORK ON A CENTRAL COAST SANCTUARY: (HARBOR) ® RECOMMENDATION: Review draft letter and approve for Mayor's signature. ® A-3 RESOLUTION NO. 52-02 APPROVING CONSENT TO DEED OF TRUST ON LEASE SITES 82-85/82W-85W AT 725 EMBARCADERO; (HARBOR) RECOMMENDATION: Adopt Resolution No. 52-02. A-4 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR STREET SLURRY SEAL PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Accept the project as completed by Intermountain Slurry Seal, Inc., and authorize the filing of the Notice of Completion. A-5 RESOLUTION NO. 51-02 APPROVING PAINTING OF CURBS ON THE NORTH SIDE OF A PORTION OF SEQUOIA STREET IN FRONT OF DEL MAR ELEMENTARY SCHOOL FOR PASSENGER LOADING AND UNLOADING: (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 51-02. A-6 ORDINANCE NO. 493 APPROVING AMENDMENTS TO MORRO BAY MUNICIPAL CODE SECTION 17.68.070(L) RELATED TO POLITICAL CAMPAIGN SIGNS — SECOND READING/ADOPTION; (CITY ATTORNEY) RECOMMENDATION: Approve second reading and adoption of Ordinance No. 493. ® A-7 MONTHLY UPDATE ON COUNCIL REQUESTS; (ADMINISTRATION) RECOMMENDATION: Receive for information. A-8 PROCLAMATION IN REMEMBRANCE OF THE SEPTEMBER 11, 2001 TERRORIST ATTACKS; (ADMIN-ISTRATION) RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS. REPORTS & APPEARANCES —NONE. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS RECOMMENDATION: Receive for information. u 3 ® D. NEW BUSINESS D-I REVIEW OF COST AND GRANT OPPORTUNITIES FOR A PUBLIC SWIMMING POOL IN MORRO BAY, (RECREATION & PARKS) RECOMMENDATION: Discuss and direct staff accordingly. D-2 REVIEW OF AN OFF -LEASH DOG PARK IN MORRO BAY; (RECREATION & PARKS) 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. 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. rd ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION — SEPTEMBER 9, 2002 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 William Peirce Councilmember Janice Peters Councilmember ABSENT: Dave Elliott 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 Peters and unanimously carried. (4-0) ® Mayor Anderson read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules. or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. 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 one (1) parcel. Property: Embarcadero Road/Pacific Street Negotiating Parties: Seibert Family Trust and the City of Morro Bay Negotiations: Possible Voluntary Purchase. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:55 p.m. MOTION:. Mayor Anderson moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) 0 The meeting adjourned at 5:55 p.m. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 9, 2002 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 William Peirce Councilmember Janice Peters Councilmember ABSENT: Dave Elliott Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney Bridgett Bauer City Clerk Rick Algert Harbor Director JeffJones Fire Chief Joe Loven Police Chief Andrea Lueker Recreation & Parks Director Bill Omdorff Acting Public Services 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 under the Brown Act was taken. PUBLIC COMMENT Betty Forsythe, Friends of the Library, announced the "Love Your Library — I am an American" Celebration on September 14'". Steve Mathieu thanked the Recreation & Parks Department for installing the new "tall person" microphone at the podium. Bill Woodson expressed support for Item A-2 (Approval of Draft Letter to Congresswoman Capps Requesting to Initiate Work on a Central Coast Sanctuary). He also addressed Item D-I (Review of Cost and Grant Opportunities for a Public Swimming Pool in Morro Bay) stating -he is pleased to see the City Council is considering this important issue that will benefit the City in many ways. 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 9, 2002 Ken Vesterfelt encouraged all citizens to do more shopping in Morro Bay in order to help boost the economy. He also announced the Duke Energy workshop that will take place starting tomorrow, and asked for citizen participation. Betty Winholtz asked who was responsible for noticing the CEC hearing scheduled for tomorrow. She also addressed Item A-6 (Ordinance No. 493 Approving Amendments to Morro Bay Municipal Code Section 17.68.070(L) Related to Political Campaign Signs) asking how the amendments relate to a double -sided sign, and will the location of signs be enforced. Marjorie Lair announced the Mutt Mitt Dog Show on September 15`h. Mark Pryor, representative of the California Energy Commission, stated the Duke Energy workshop would be held in Morro Bay tomorrow starting at 1:00 p.m. Don Boatman addressed Item A-6 thanking this year's candidates for not posting large ® signs Heather Vester felt, President of Morro Bay Beautiful, expressed support for the Mutt Mitt Dog Show. Mary Leizear expressed support for locating a dog park, swimming pool and community garden in Morro Bay. The following people expressed support for locating an off -leash dog park in Morro Bay: Garry Johnson, Jim Wood, Jamie Irons, and Robert Dorian. Pat Mullen, Duke Energy, stated he believes Duke Energy is finally getting to the end of the process with the entrainment effects and habitat enhancement program left. He said the modernized plant would improve the estuary, and the habitat enhancement program commits over 12.5 million dollars for local "on the ground" projects under the direction of the Regional Water Quality Control Board, the Morro Bay National Estuary Program and other experts who will address the entrainment effects and other effects such as sedimentation. Garry Johnson expressed thanks for the newly paved streets in Morro Bay. u K ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 9, 2002 Jim Wood, Chairman of the Harbor Advisory Board, stated there was a majority vote of the Board not in favor of a local marine sanctuary. He said as a citizen and a candidate for City Council he is opposed to a local marine sanctuary because they are autonomous, and there will be no local control. Nancy Johnson stated Morro Bay needs more businesses that will benefit the citizens instead of more tourist -related businesses. Mayor Anderson closed the public comment hearing. 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 AUGUST 26, ® 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 APPROVAL OF DRAFT LETTER TO CONGRESSWOMAN CAPPS REQUESTING TO INITIATE WORK ON A CENTRAL COAST SANCTUARY; (HARBOR) RECOMMENDATION: Review draft letter and approve for Mayor's signature. A-3 RESOLUTION NO. 52-02 APPROVING CONSENT TO DEED OF TRUST ON LEASE SITES 82-85/82W-85W AT 725 EMBARCADERO; (HARBOR) RECOMMENDATION: Adopt Resolution No. 52-02. A4 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR STREET SLURRY SEAL PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Accept the project as completed by Intermountain Slurry Seal, Inc., and authorize the riling of the Notice of Completion. 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 9, 2002 A-5 RESOLUTION NO. 51-02 APPROVING PAINTING OF CURBS ON THE NORTH SIDE OF A PORTION OF SEQUOIA STREET IN FRONT OF DEL MAR ELEMENTARY SCHOOL FOR PASSENGER LOADING AND UNLOADING; (PUBLIC SERVICES) ECOMMENDATION: Adopt Resolution No. 51-02. A-6 ORDINANCE NO. 493 APPROVING AMENDMENTS TO MORRO BAY MUNICIPAL CODE SECTION 17.68.070(L) RELATED TO POLITICAL CAMPAIGN SIGNS — SECOND READING/ADOPTION; (CITY ATTORNEY) RECOMMENDATION: Approve second reading and adoption of Ordinance No. 493. A-7 MONTHLY UPDATE ON COUNCIL REQUESTS; (ADMINISTRATION) RECOMMENDATION: Receive for information. A-8 PROCLAMATION IN REMEMBRANCE OF THE SEPTEMBER 11, 2001 ® TERRORIST ATTACKS; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. Councilmember Crotzer pulled Items A-1, A-2 and A-6 from the Consent Calendar; Mayor Anderson pulled Item A-3; Councilmember Peters pulled Item A-5; and Councilmember Peirce pulled Items A-7 and A-8. 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. (4-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF AUGUST 26, 2002; (ADMINISTRATION) Councilmember Crotzer clarified that the motion to approve Item A-7 of the August 261s minutes was approving the staff recommendation to deny the fee waiver request that he agrees with. He also donated $300 of his discretionary funds to assist SAFE to locate a meeting room. Councilmember Peters noted a typographical error on page 5. E F ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 9, 2002 MOTION: Councilmember Crotzer moved the City Council approve Item A-1 as amended. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) A-2 APPROVAL OF DRAFT LETTER TO CONGRESSWOMAN CAPPS REQUESTING TO INITIATE WORK ON A CENTRAL COAST SANCTUARY; (HARBOR) Councilmember Crotzer stated he is a strong supporter for a marine sanctuary status for the Central Coast. He said it is absurd to request local control with local agencies over federal waters. Councilmember Crotzer stated a marine sanctuary is necessary to protect the resources for commercial fishing, consumers and the preservation of the habitat; however, this is the wrong way to do it. Councilmember Peirce stated there are federal representatives that are making decisions and have control on our coastline that don't know where it is except for on a map. ® Councilmember Peters stated there is potential for local control through our local, state and federal representatives. Mayor Anderson stated his main concern is that the City has local input and local control on the marine sanctuary. He agreed there are representatives who may have control of the sanctuary who know nothing of our coastline. Mayor Anderson stated this letter is to open the dialogue on having a local marine sanctuary. Councilmember Crotzer stated the proposed draft letter as written is absurd and he cannot support it. Councilmember Peirce suggested removing the second paragraph from the proposed draft letter; Mayor Anderson and Councilmember Peters concurred. MOTION: Councilmember Peirce moved the City Council approve Item A-2 of the Consent Calendar as amended. The motion was seconded by Councilmember Peters and carried with Councilmember Crotzer voting no. (3-1) A-3 RESOLUTION NO. 52-02 APPROVING CONSENT TO DEED OF TRUST ON 'LEASE SITES 82-85/82W-85W AT 725 EMBARCADERO; (HARBOR) Mayor Anderson stepped down due to a conflict of interest. cl 11 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 9, 2002 MOTION: Councilmember Crotzer 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. (3-0-1) A-5 RESOLUTION NO. 51-02 APPROVING PAINTING OF CURBS ON THE NORTH SIDE OF A PORTION OF SEQUOIA STREET IN FRONT OF DEL MAR ELEMENTARY SCHOOL FOR PASSENGER LOADING AND UNLOADING: (PUBLIC SERVICES) Councilmember Peters requested staff review the traffic situation at Del Mar School. City Engineer Frank Cunningham reviewed the traffic situation and the need for a passenger loading and unloading zone. 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. (4-0) A-6 ORDINANCE NO. 493 APPROVING AMENDMENTS TO MORRO BAY ® MUNICIPAL CODE SECTION 17.68.070(L) RELATED TO POLITICAL CAMPAIGN SIGNS — SECOND READING/ADOPTION; (CITY ATTORNEY) Councilmember Crotzer stated he does not support changing the sign ordinance. He said a vote in favor would only encourage large campaign signs. Councilmember Peirce stated if this law is not made constitutional_. then all laws become unenforceable. Councilmember Peters agreed that our laws need to be enforceable. Mayor Anderson stated a candidate who chooses to use overly large campaign signs may offend citizens who may not vote for that candidate. MOTION: Councilmember Peters moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carved with Councilmember Crotzer voting no. (3-I) A-7 MONTHLY UPDATE ON COUNCIL REQUESTS; (ADMINISTRATION) Councilmember Peirce requested the discussion on speed limit on Quintana Road be added to the update. 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 9, 2002 MOTION: Councilmember Peirce moved the City Council approve Item A-7 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carved unanimously. (4-0) A-8 PROCLAMATION IN REMEMBRANCE OF THE SEPTEMBER 11, 2001 TERRORIST ATTACKS; (ADMINISTRATION) Councilmember Peirce announced a memorial ceremony would take place on the evening of September I I's at City Park. MOTION: Councilmember Crotzer moved the City Council approve Item A-8 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) Mayor Anderson called for a break at 7:35 p.m.; the meeting resumed at 7:45 p.m. B. PUBLIC HEARINGS, REPORTS & APPEARANCES — NONE. ® C. UNFINISHED BUSINESS C-I PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS City Attorney Robert Schultz reviewed the progress report on the Duke Energy Power Plant Project for public information. This was an informational item, and no action was taken. D. NEW BUSINESS D-1 REVIEW OF COST AND GRANT OPPORTUNITIES FOR A PUBLIC SWIMMING POOL IN MORRO BAY; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated at the August 26, 2002 City Council meeting, Council directed staff to research the cost and grant opportunities for a public swimming pool in Morro Bay. To date, staff has contacted the City of Santa Maria who recently refurbished an outdoor pool; however, information has not yet been received. She also noted staff has sent an e-mail through the League of California Cities to the Community ® Services list serve. The list serve facilitates communication and information sharing among 8 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 9, 2002 California cities' community service professionals, and to date 10 of 18 responses received were from individuals who were out of the office for a period of time, but would be able to provide information upon their return. Ms. Lueker recommended the City Council continue this item for a future meeting that will allow staff time to compile additional information. MOTION: Councilmember Peters moved the City Council continue this item to the September 23, 2002 City Council meeting. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) D-2 REVIEW OF AN OFF -LEASH DOG PARK IN MORRO BAY; (RECREATION & PARKS) City Manager Robert Hendrix introduced Ann Calhoun who made a presentation regarding off -leash dog parks. Consensus of Council was in support of locating an off -leash dog park in Morro Bay, and directed staff to investigate potential properties for this use. ® This was an informational item; and no action was taken. F. ADJOURMENT The meeting adjourned at 8:25 p.m. Recorded by: Bridgett Bauer City Clerk LJ 5J ® 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 26, 2002 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 11 C 2 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 12, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENTS REPORT - JULY 2002; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT — JULY 2002; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 ORDINANCE NO. 492 UPDATING SECTION 8.14.010 OF THE PUBLIC HEALTH SECTIONS OF THE MORRO BAY MUNICIPAL CODE TO REFLECT AMENDMENTS TO SAN LUIS OBISPO COUNTY HEALTH CODES — SECOND READING/ADOPTION; (CITY ATTORNEY) RECOMMENDATION: Approve the second reading and adoption of Ordinance No. 492. A-5 RESOLUTION NO. 48-02 APPROVING A SIX (6) MONTH EXTENSION TO THE CABLE FRANCHISE AGREEMENT WITH CHARTER COMMUNICATIONS; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 48-02. A-6 RESOLUTION NO. 49-02 APPROVING REVISION OF THE FEE SCHEDULE FOR PARKS AND PUBLIC AREA USE AND AMENDING THE FACILITY USE FEES; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 49-02. A-7 REQUEST FOR FEE WAIVER FOR S.A.F.E. COMMUNITY BASED TEAM MEETINGS; (RECREATION & PARKS) RECOMMENDATION: Deny the fee waiver request for the S.A.F.E. Community Based Team meetings. 2 A-8 PROCLAMATION DECLARING SEPTEMBER 2002 AS "U.S. CONSTITUTION ® MONTH'; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 ORDINANCE NO. 493 APPROVING AMENDMENTS TO MORRO BAY MUNICIPAL CODE SECTION 17.68.070(L) RELATED TO POLITICAL CAMPAIGN SIGNS — INTRODUCTIONIFIRST READING; (CITY ATTORNEY) RECOMMENDATION: Approve first reading and introduction of Ordinance No. 493 by number and title only. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS RECOMMENDATION: Receive for information. ® D. NEW BUSINESS D-1 RESOLUTION NO. 50-02 ADOPTING THE CITY'S MULTI -HAZARD EMERGENCY RESPONSE PLAN; (FIRE) RECOMMENDATION: Adopt Resolution No. 50-02. D-2 REQUEST FOR CONGRESSWOMAN CAPPS TO INITIATE WORK ON A CENTRAL COAST SANCTUARY; (HARBOR) RECOMMENDATION: Discuss and direct staff accordingly. ADDED: D-3 COUNCIL REQUEST TO AGENDIZE THE DISCUSSION OF THE COST AND GRANT POSSIBILITIES FOR A PUBLIC SWIMMING POOL IN MORRO BAY RECOMMENDATION: Discuss and direct staff accordingly. 3 ® 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. 11 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. m ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 26, 2002 VETERANS MEMORIAL HALL - 6:00 P.M. C El Mayor Anderson called the meeting to order at 6:00 p.m. PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember (arrived at 8:33 p.m.) 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 Gregg Beuer Acting Police Chief Jeff Jones Fire Chief Steve Knuckles Fire Captain Jim Koser Finance Director Andrea Lueker Recreation & Parks Director Bill Omdorff Acting Public Services Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT — There was no Closed Session report. PUBLIC COMMENT Steve Goshke, Plant Manager of Morro Bay Duke Energy, announced there was a Ribbon Cutting Ceremony for the Duke Energy Power Plant Expansion Project in Moss Landing. Tom Keilan addressed the Downtown Beautification Project, and suggested the City place a retaining wall down Morro Bay Boulevard in the sections that have no sidewalks. Don Boatman announced his candidacy for Mayor at the 2002 General Municipal Election. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 26, 2002 Robert Dorian stated he and his wife have participated in a community garden in Santa Barbara. He said the City of San Luis Obispo has three community gardens with a waiting list for plots. Mr. Dorian suggested the City consider a portion of Del Mar Park as a community garden. He said he is an employee of Duke Energy which has a community volunteer grant program that will donate $1,000 towards this program, and he offered to assist as a volunteer. Roger Ewing addressed the Downtown Beautification Project, and objected to the medians being placed down Morro Bay Boulevard that was approved by Council on August 12, 2002. He said medians would impair existing parking and special events in the downtown area. Laurie Morgan and Linda Villanueva addressed Item A-7 (Request for Fee Waiver for S.A.F.E. Community Based Team Meetings) and explained what the SAFE program provides for the community. They requested Council approve the fee waiver for the use of a City facility for the SAFE program. Mayor Anderson closed the public comment hearing. ® DECLARATION OF FUTURE AGENDA ITEMS Councilmember Elliott requested to reagendize the discussion of the Downtown Beautification Project, and the removal of medians from the plan; Mayor Anderson and Councilmember Peters concurred. Councilmember Peters requested to agendize the discussion of an off -leash dog park in Morro Bay; Mayor Anderson and Councilmember Peirce concurred. 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 12. 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENTS REPORT - JULY 2002; (FINANCE) ® RECOMMENDATION: Receive for information. F4 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 26, 2002 A-3 EXPENDITURE REPORT — JULY 2002; (FINANCE) RECOMMENDATION: Approve as submitted. A4 ORDINANCE NO. 492 UPDATING SECTION 8.14.010 OF THE PUBLIC HEALTH SECTIONS OF THE MORRO BAY MUNICIPAL CODE TO REFLECT AMENDMENTS TO SAN LUIS OBISPO COUNTY HEALTH CODES — SECOND READING/ADOPTION; (CITY ATTORNEY) RECOMMENDATION: Approve the second reading and adoption of Ordinance No. 492. A-5 RESOLUTION NO. 48-02 APPROVING A SIX (6) MONTH EXTENSION TO THE CABLE FRANCHISE AGREEMENT WITH CHARTER COMMUNICATIONS; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 48-02. ® A-6 RESOLUTION NO.49-02 APPROVING REVISION OF THE FEE SCHEDULE FOR PARKS AND PUBLIC AREA USE AND AMENDING THE FACILITY USE FEES; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 49-02. A-7 REQUEST FOR FEE WAIVER FOR S.A.F.E. COMMUNITY BASED TEAM MEETINGS; (RECREATION & PARKS) RECOMMENDATION: Deny the fee waiver request for the S.A.F.E. Community Based Team meetings. A-8 PROCLAMATION DECLARING SEPTEMBER 2002 AS "U.S. CONSTITUTION MONTH'; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. Councilmember Elliott pulled Items A-5 and A-7 from the Consent Calendar; Councilmember Peters pulled Item A-6. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Items A-5, A-6, and A-7. The motion was ® seconded by Councilmember Peters and carried unanimously. (4-0) ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 26, 2002 A-5 RESOLUTION NO. 48-02 APPROVING A SIX (6) MONTH EXTENSION TO THE CABLE FRANCHISE AGREEMENT WITH CHARTER COMMUNICATIONS; (ADMINISTRATION) Councilmember Elliott asked why there is another request for an extension on this agreement. City Manager Robert Hendrix responded there has been progress made on the attempt of obtaining an agreement with Charter Communications; however, the cable industry market has been such that Charter has been preoccupied with other issues. MOTION: Councilmember Elliott moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) A-6 RESOLUTION NO.49-02 APPROVING REVISION OF THE FEE SCHEDULE FOR PARKS AND PUBLIC AREA USE AND AMENDING THE FACILITY USE FEES; (RECREATION & PARKS) ® Councilmember Peters requested clarification on the fees charged for public area use by profit groups without a charitable cause. El Recreation & Parks Director Andrea Lueker responded the fee charged for the use of a public area is based on the permit process. Councilmember Peirce expressed opposition to the amended fee schedule because it is not consistent. MOTION: Councilmember Peters moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried with Councilmember Peirce voting no. (3-1) A-7 REQUEST FOR FEE WAIVER FOR S.A.F.E. COMMUNITY BASED TEAM MEETINGS; (RECREATION & PARKS) Councilmember Elliott stated a fee waiver would set a precedent that is not appropriate. He noted the City is supportive of non-profit groups each year during the budget review. Councilmember Peirce suggested the meetings might be held at the Morro Elementary School. 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 26, 2002 Mayor Anderson stated he is strongly supportive of having these services brought to Morro Bay. He offered $300 of his discretionary funds to help assist this group to obtain a meeting room in Morro Bay. Councilmember Peters suggested SAFE locate a building and perhaps the City Council can pool their discretionary funds to help assist the costs. MOTION: Councilmember Elliott moved the City Council approve Item A-7 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (4-0) B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 ORDINANCE NO. 493 APPROVING AMENDMENTS TO MORRO BAY MUNICIPAL CODE SECTION 17.68.070(L) RELATED TO POLITICAL CAMPAIGN SIGNS — INTRODUCTION/FIRST READING; (CITY ATTORNEY) City Attorney Robert Schultz stated for some time the City Attorney's office has had ® serious concerns about the constitutionality of the City's municipal code governing political campaign signs. He said his office has done an in depth analysis of this issue and have found that amendments must be made to ensure that the City would withstand any constitutional challenges should there be any. Mr. Schultz stated it is important to remember that the City bears the burden of proving that the ordinance is constitutional, and that the City must be able to justify its regulation of political signs. The courts have consistently stated that cities must be able to demonstrate the necessity of the restrictions and prove that the restrictions further a legitimate government interest. Mr. Schultz stated the areas in which the City's ordinance can possibly be found unconstitutional are the limit on aggregate signage area on a single parcel, and limit on display time. He noted an increase in the total signage area per site, and deletion of time limitations, will increase the City's chances in withstanding any constitutional challenges to this portion of the City's sign ordinance, should there be any. Mr. Schultz recommended the City Council approve the first reading and introduction of Ordinance No. 493 by number and title only. Mayor Anderson opened the hearing for public comment. Betty Winholtz asked for the legal definition of "site". Nelson Sullivan expressed his opposition to political signs. 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 26, 2002 Don Boatman stated the rewriting of this ordinance worries him because the candidate with deep pockets will be able to place the larger signs. He asked the City to level the playing field. William Yates stated larger campaign signs are not necessary in Morro Bay, and yard signs are sufficient. Mayor Anderson closed the public comment hearing. Councilmember Peters stated the City codes should be enforceable and constitutional. Mayor Anderson stated generally if there is a complaint during a campaign season, there is usually no problem with compliance. Councilmember Elliott stated he does not believe a change in the code is. necessary. Councilmember Peirce stated he supports Ordinance No. 493. ® MOTION: Councilmember Peirce moved the City Council approve the first reading and introduction of Ordinance No. 493 by title and number only. The motion was seconded by Councilmember Peters and carried unanimously. (4-0) City Manager Robert Hendrix read Ordinance No. 493 by number and title only. Mayor Anderson called for a break at 7:36 p.m.; the meeting resumed at 7:52 p.m. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS City Attomey Robert Schultz reviewed the progress report on the Duke Energy Power Plant Project for public information. This was an informational item. and no action was taken. E 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 26, 2002 D. NEW BUSINESS D-I RESOLUTION NO. 50-02 ADOPTING THE CITY'S MULTI -HAZARD EMERGENCY RESPONSE PLAN; (FIRE) Fire Chief Jeff Jones stated the purpose of the City of Morro Bay's Multi -Hazard Emergency Response Plan is to prescribe the City's policies and concepts for responding to emergencies, which could affect the health, safety, environment, and property of the public within the City limits. In addition, this plan intends to provide a basis for City coordinated disaster response capability; establish a mutual understanding of the emergency responsibilities and functions of civil government during emergencies; identify those historical and major potential disasters that may affect the City; provide continuity of government; and coordinate operations with the emergency service organizations of other jurisdictions. As such, it incorporates pre -emergency preparedness, alert and mobilization and emergency procedures necessary for an emergency response at the City level. Chief Jones recommended the City Council move to adopt Resolution No. 50-02 approving Part I of the Multi -Hazard Emergency Response Plan and the California Standardized Emergency Management System. ® Councilmember Elliott stated the Fire Chief and Police Chief should be duo command officers and should confer in an emergency situation. He said the Plan should state who ultimately makes the final decision. E Councilmember Peirce stated generally all department heads work together and ultimately the City Manager will make the final decision in an emergency situation. He noted refinement is made to an emergency plan with every emergency situation Councilmember Peters suggested the Police Chief be included on Page 27 of the Plan. Mayor Anderson stated the City should move forward with this Plan. Councilmember Crotzer arrived at 8:33 p.m. Councilmember Crotzer stated he would be satisfied if the Police and Fire Chiefs were satisfied with the chain of command as listed in the Plan. MOTION: Councilmember Peirce moved the City Council approve Resolution No. 50-02 adopting Part 1 of the Multi -Hazard Emergency Response Plan and the California Standardized Emergency Management System. The motion was seconded by Councilmember Peters and carried with Councilmember Elliott voting no. (4-1) 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 26. 2002 D-2 REQUEST FOR CONGRESSWOMAN CAPPS TO INITIATE WORK ON A CENTRAL COAST SANCTUARY; (HARBOR) Mayor Anderson would like the City Council to consider a request of Congresswoman Capps to initiate work on a Central Coast Marine Sanctuary. MOTION: Councilmember Peirce moved the City Council direct staff to draft a letter requesting Congresswoman Capps to initiate work on a Central Coast Marine Sanctuary and return to Council for approval at their September 9, 2002 meeting. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) D-3 COUNCIL REQUEST TO AGENDIZE THE DISCUSSION OF THE COST AND GRANT POSSIBILITIES FOR A PUBLIC SWIMMING POOL IN MORRO BAY Councilmember Crotzer requested this discussion under Future Agenda Items at the August 12, 2002 City Council meeting. ® MOTION: Councilmember Crotzer moved the City Council direct staff to prepare a staff report with review of cost and grant possibilities for a public swimming pool in Morro Bay for Council review at the September 9'h meeting. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) F. ADJOURNMENT The meeting adjourned at 9:00 p.m. Recorded by: Bridgett Bauer City Clerk E 0 • City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. 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 12, 2002 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 f6rward 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 22, 2002; (CITY CLERK) RECOMMENDATION: Approve as submitted. A-2 ORDINANCE NO. 491 AUTHORIZING AMENDMENT TO THE CONTRACT BETWEEN PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF MORRO BAY TO PROVIDE SECTION 21027 — MILITARY SERVICE CREDIT FOR RETIRED PERSONS — SECOND READING/ ADOPTION; (PERSONNEL) RECOMMENDATION: Approve the second reading and adoption of Ordinance No. 491. A-3 RESOLUTION NO. 45-02 ADOPTING ADVISORY BOARD HANDBOOK AND BY-LAWS; (CITY ATTORNEY) RECOMMENDATION: Adopt Resolution No. 45-02. ® A-4 RESOLUTION NO. 46-02 ADOPTING COUNCIL POLICIES AND PROCEDURES MANUAL; (CITY ATTORNEY) RECOMMENDATION: Adopt Resolution No. 46-02. A-5 APPROVAL OF LETTERS IN SUPPORT OF CONGRESSWOMAN CAPPS FOR THE FOLLOWING ISSUES: A) INITIATIVE TO BUY-BACK OFF -SHORE OIL LEASES; AND B) GROUND FISH MANAGEMENT ACT; (HARBOR) RECOMMENDATION: Approve correspondence supporting off -shore oil lease buyback and the Pacific Coast Ground Fish Fishery Preservation Act. A-6 APPROVAL OF LETTER IN OPPOSITION TO ASSEMBLY BILL 2943 ALLOWING THE COASTAL COMMISSION ADDITIONAL DISCRETION ON PERMITTING MARINE STRUCTURES; (HARBOR) RECOMMENDATION: Approve correspondence opposing AB 2943. A-7 MONTHLY UPDATE ON COUNCIL REQUESTS; (ADMINISTRATION) RECOMMENDATION: Receive for information. I El 2 ® B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-I PUBLIC HEARING ON REGIONALIURBAN DESIGN ASSISTANCE TEAM STREETSCAPE DESIGN COMPONENTS FOR THE DOWNTOWN BEAUTIFICATION PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Receive public testimony, approve the proposed design criteria for streetscape components, select the scope of improvements for the first phase of construction, and direct the preparation of construction plans and specifications. B-2 ORDINANCE NO. 492 UPDATING SECTION 8.14.010 OF THE PUBLIC HEALTH SECTIONS OF THE MORRO BAY MUNICIPAL CODE TO REFLECT AMENDMENTS TO SAN LUIS OBISPO COUNTY HEALTH CODES -FIRST READING/INTRODUCTION; (CITY ATTORNEY) RECOMMENDATION: Approve the first reading and introduction of Ordinance No. 492. C. UNFINISHED BUSINESS C-I PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION ® B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS RECOMMENDATION: Receive for information. C-2 RESOLUTION NO. 47-02 APPROVING THE ACCEPTANCE OF AN OFFER OF DEDICATION TO THE CITY ON PINEY WAY AND VACATION OF A PORTION OF THE MAIN STREET FRONTAGE BY THE CITY: (PUBLIC SERVICES) RECOMMENDATION D. NEW BUSINESS Adopt Resolution No. 47-02. D-I DISCUSSION ON CONSTRUCTING A BANDSTAND AT THE SOUTH END OF TIDELANDS PARK; (RECREATION & PARKS) RECOMMENDATION: Discuss and direct staff accordingly. D-2 DISCUSSION ON COMMUNITY GARDENS IN MORRO BAY; (RECREATION & PARKS) ® RECOMMENDATION: Discuss and direct staff accordingly. 3 ® D-3 COUNCIL REQUEST TO AGENDIZE DISCUSSION ON THE BAN ON DOGS AT MORRO STRAND STATE BEACH; (COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. D-4 DESIGNATION OF VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE; (ADMINISTRATION) RECOMMENDATION: Select a voting delegate to represent the City of Morro Bay at the Annual League of California Cities Conference at the annual business meeting on Saturday, October 5, 2002 at the Long Beach Convention Center. 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. I7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING —AUGUST 12, 2002 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 Frank Cunningham Andrea Lueker Bill Omdorff City Manager City Attorney City Clerk City Engineer Recreation & Parks Director Acting Public Services Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER ® PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT — There was no Closed Session report. PUBLIC COMMENT The following people expressed their support for Item D-I (Discussion on Constructing a Band Stand at the South End of Tidelands Park): Roger Ewing, Pam Soderback, Gregory Adams. and John Baker. The following people addressed Item D-3 (Council Request to Agendize Discussion on the Ban on Dogs at Morro Strand State Beach) and requested Council hold a public hearing to discuss this issue: Rosalee Valvo, Peter Wagner, Joy Gadway, Doug Ford, Gail Cordowsky, Ann Calhoun, Mary Kay Bomquith, Jay Bornquith, Jim Phillips, John Barta, Barbara Ingell, and Zeke Tolomas. The following people requested Council consider the re -instatement of Jim Warner to the Morro Bay Fire Department: Fred Sears, Fred Harpster, and Louise Tucker. Betty Forsythe, Friends of the Library, announced September 141h will be declared as "I Love America for Citizens of Choice". She stated donations for the library expansion project are appreciated. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING —AUGUST 12, 2002 David Nelson asked how much Duke Energy owes the City for intervener fees. He noted the Memorandum of Understanding the City entered into with Duke Energy is a faulty document. Betty Winholtz addressed the removal of houses on Shasta Street in order to place the Public Services Department building, and how it meets the low-cost housing requirements of the City's General Plan. She encouraged public participation in the discussion of the City's Housing Element. Ms. Winholtz also addressed Item A-3 (Resolution No. 45-02 Adopting Advisory Board Handbook and By -Laws) and noted Item 43 regarding qualifications should be re -considered. Mayor Anderson closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peters requested the discussion on the need for a restroom in the downtown area. ® Councilmember Crotzer requested the discussion on the cost and grant possibilities for a public swimming pool in Morro Bay; Councilmember Peters and concurred. r EE 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 22, 2002; (CITY CLERK) RECOMMENDATION: Approve as submitted. A-2 ORDINANCE NO. 491 AUTHORIZING AMENDMENT TO THE CONTRACT BETWEEN PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF MORRO BAY TO PROVIDE SECTION 21027 — MILITARY SERVICE CREDIT FOR RETIRED PERSONS — SECOND READING/ ADOPTION; (PERSONNEL) RECOMMENDATION: Approve the second reading and adoption of Ordinance No. 491. 1) ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING —AUGUST 12, 2002 A-3 RESOLUTION NO. 45-02 ADOPTING ADVISORY BOARD HANDBOOK AND BY-LAWS; (CITY ATTORNEY) RECOMMENDATION: Adopt Resolution No. 45-02. A=4 RESOLUTION NO. 46-02 ADOPTING COUNCIL POLICIES AND PROCEDURES MANUAL; (CITY ATTORNEY) RECOMMENDATION: Adopt Resolution No. 46-02. A-5 APPROVAL OF LETTERS IN SUPPORT OF CONGRESSWOMAN CAPPS FOR THE FOLLOWING ISSUES: A) INITIATIVE TO BUY-BACK OFF -SHORE OIL LEASES; AND B) GROUND FISH MANAGEMENT ACT; (HARBOR) RECOMMENDATION: Approve correspondence supporting off -shore oil lease buyback and the Pacific Coast Ground Fish Fishery Preservation Act. ® A-6 APPROVAL OF LETTER IN OPPOSITION TO ASSEMBLY BILL 2943 ALLOWING THE COASTAL COMMISSION ADDITIONAL DISCRETION ON PERMITTING MARINE STRUCTURES; (HARBOR) RECOMMENDATION: Approve correspondence opposing AB 2943. A-7 MONTHLY UPDATE ON COUNCIL REQUESTS; (ADMINISTRATION) RECOMMENDATION: Receive for information. Councilmember Peters pulled Item A-3 of the Consent Calendar; Councilmember Crotzer pulled Items A-4 and A-6. MOTION: Councilmember Elliott moved the City Council approve the Consent Calendar with the exception of Items A-3, A4 and A-6. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-3 RESOLUTION NO. 45-02 ADOPTING ADVISORY BOARD HANDBOOK AND BY-LAWS; (CITY ATTORNEY) Councilmember Peters addressed corrections to the Advisory Handbook E ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 12, 2002 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) . A4 RESOLUTION NO. 46-02 ADOPTING COUNCIL POLICIES AND PROCEDURES MANUAL; (CITY ATTORNEY) Councilmember Crotzer stated he would be voting in opposition to this item based on Section 1.3.6 of Voting Procedures — (Conflict of Interest) in which he cannot support. MOTION: Councilmember Elliott moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried with Councilmember Crotzer voting no. (4-1) A-6 APPROVAL OF LETTER IN OPPOSITION TO ASSEMBLY BILL 2943 ALLOWING THE COASTAL COMMISSION ADDITIONAL DISCRETION ON PERMITTING MARINE STRUCTURES; (HARBOR) ® Councilmember Crotzer stated a letter in opposition to Assembly Bill 2943 is paranoid in thinking the Coastal Commission may not want the City to repair its breakwater. This is about sea walls along the coast and not our breakwater. 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 voting no. (4-1) B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 PUBLIC HEARING ON REGIONAL/URBAN DESIGN ASSISTANCE TEAM STREETSCAPE DESIGN COMPONENTS FOR THE DOWNTOWN BEAUTIFICATION PROJECT; (PUBLIC SERVICES) Acting Public Services Director Bill Omdorff stated the City Council considered this item at their July 22, 2002 meeting. The "sea coast village" thematic approach was discussed and the proposed lighting, hardscape and street furniture details were presented. The scope of the first construction phase was discussed but the City Council directed that additional information be provided, options be developed, and the matter returned for act at this public hearing. Mr. Omdorff stated in the intervening time, staff has refined pr6ject options and met with the Chamber of Commerce and the Merchants Association, and now it is being returned to Council with benefit of feedback from the ® business community and more detailed information. He said options for the first 11 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 12. 2002 construction phase are provided in the effort to stay within the currently available level of funding, provide alternatives which offer each of the proposed streetscape elements, maximize the improved area and an option which incorporates all proposed elements into a single "demonstration' project. Mr. Omdorff stated with direction at this meeting, the first phase of construction could occur this upcoming winter. He recommended the City Council receive public testimony, approve the proposed design criteria for streetscape components, select the scope of improvements for the first phase construction, and direct the preparation of construction plans and specifications. Mayor Anderson opened the hearing for public comment. Roger Ewing stated Morro Bay is unique in that it is not like other seaside communities. He said the downtown should remain simple and easy to get around. Mr. Ewing stated the tower clock is important as a focal point for the City. He said he would like the City to locate funds for the reconstruction of the Centennial patio, and the Morro Bay Public Art Foundation will try to find funding for the clock. ® Phil Hill stated less is more, and not much is needed for improvement. He suggested using gas lamps with electrical plug -ins. Bob Tefft stated downtown should be made more pedestrian friendly with drinking fountains, public restrooms, and places to sit. Geri Doris stated the focal point for Morro Bay is the ocean, and she likes the sea coast village theme. She suggested more parking, public restrooms, and electrical hookups for special events. Julianna Epperly stated Morro Bay reminds her of a town much like "Mayberry'. She suggested the City consider angle parking and public restrooms for downtown. Ms. Epperly said Morro Bay Boulevard should be consistent with the Embarcadero. She also read a letter with comments from Pam Woodruff noting the importance of lighting and a public restroom. Nancy Barra stated engraving on a bench takes about a month. She said the luminosity of lighting is more important than how attractive the fixture. Ms. Barta stated she is not in favor of the sea coast village atmosphere. Dannie Rodgers -Tope stated issues that should be considered are pedestrian lighting, restrooms, and parking. ® Don West suggested the City Council take a broad comprehensive look at this project. 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 12, 2002 Melvin Zimmerman stated recyclable materials should be used. He suggested the plans draw attention in from the highway from Napa Avenue to Dom's Restaurant. Bill Michelson suggested the downtown. beautification plans be divided into two phases that would be financially feasible to improve a larger area. He said native materials should be used for the benches and proper lighting should be installed Lonnie Mitchell stated it is important to unite the City. She also stated she supports the sea coast village theme. Ken Vesterfelt stated it is time to improve the downtown area. He said it would be great to improve Morro Bay Boulevard from Highway One to Dom's Restaurant, but appreciates the City's fiscal responsibility. Shoosh Crotzer suggested the City unite downtown with the Embarcadero. She suggested Morro Bay Boulevard at Main Street down to Market Avenue should be closed and turned into a park. ® Ed Biaggini expressed support for the nautical theme and underground utilities. Nancy Castle stated it is important not to remove the heritage of Morro Bay. She said the installation of electrical devices is important. Ms. Castle requested Council take careful consideration of the placement of benches and planters, and do not install medians Kim Kimball stated the City should do whatever will assist the businesses to do well and tourists will be happy. Neil Farrell stated the Morro Bay Public Art Foundation would find funding for the tower clock. He said the City should consider the Achievement House or Cal Poly to construct the benches for downtown. Mr. Farrell encouraged the City to seek volunteers to assist in the improvements of downtown. John Barta stated the largest issue is funding in order to be able to do the whole project. He suggested starting with good lighting down Morro Bay Boulevard from Napa Avenue to Dom's Restaurant, and some benches. Bill Yates suggested placing backs on the benches. Mayor Anderson closed the public comment hearing. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 12, 2002 Councilmember Peters stated she prefers scenario #3 with lighting and a public restroom. She said a median is not necessary. Councilmember Peirce stated a median would allow for electrical outlets to be placed down the middle of the street. He said he prefers scenario #3 with a second median. Councilmember Elliott stated he prefers underground electrical for lighting and outlets. and include light fixtures that will hold banners. He said the City should seek donated benches with plaques. Councilmember Elliott stated a restroom is needed and should be considered at some time. He also said he would like to maintain the tower clock and sculpture in future plans. Councilmember Crotzer stated the use of property taxes instead of general funds should be used for the rejuvenation of the downtown area. He asked if the Fagade Improvement Program that would allow business owners to get beneficial rates on a loan using their business as collateral is still available. Councilmember Crotzer also asked if there are PG&E funds to benefit the downtown improvement project. He stated he supports the ® scenario that allows for bollard lights. Councilmember Crotzer stated a theme would be beneficial for downtown. He also said it would be beneficial to unite the Embarcadero with downtown by way of a funicular. Mayor Anderson stated lighting is of utmost importance. He said obtaining donated benches is a good idea. Mayor Anderson stated he supports scenario #3 with lighting and one median. MOTION: Councilmember Peters moved the City Council approve scenario 93 for the Downtown Beautification Project. The motion was seconded by Councilmember Peirce. Councilmember Crotzer requested the motion include an amendment to add a second median to scenario 3. Councilmember Peters withdrew her motion: Councilmember Peirce withdrew his second. Councilmember Peters stated the median should be located at Morro Bay Boulevard at Main Street. MOTION: Councilmember Crotzer moved the City Council approve scenario #3 with a second median between Napa and Monterey Streets. The motion was ® seconded by Councilmember Peirce and carried unanimously. (5-0) 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING —AUGUST 12, 2002 Mayor Anderson called for a break at 8:47 p.m.; the meeting resumed at 9:00 p.m. B-2 ORDINANCE NO. 492 UPDATING SECTION 8.14.010 OF THE PUBLIC HEALTH SECTIONS OF THE MORRO BAY MUNICIPAL CODE TO REFLECT .AMENDMENTS TO SAN LUIS OBISPO COUNTY HEALTH CODES -FIRST READING/INTRODUCTION; (CITY ATTORNEY) City Manager Robert Hendrix stated the County of San Luis Obispo has amended its Health and Sanitation Code to add additional sections to its health codes. Since the City of Morro Bay adopts the County's Health and Sanitation Code as its Health Code, Section 8.04.010 of the City's Municipal Code should be amended to reflect the County's updated code. Mr. Hendrix stated staff has amended Morro Bay Municipal Code Section 8.04.010 to reflect the County's Health Code, and recommends the City Council approve the first reading and introduction of Ordinance No. 492 amending Section 8.04.010 to reflect the updates. ® 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 approve the first reading and introduction of Ordinance No. 492 updating Section 8.14.010 of the Public Health Sections of the Morro Bay Municipal Code to reflect amendments to San Luis Obispo County Health Codes. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) Mr. Hendrix read Ordinance No. 492 by number and title only. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS City Attorney Robert Schultz reviewed the progress report on the Duke Energy Power Plant Project for public information. This was an informational item. and no action was taken T L ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING —AUGUST 12, 2002 C-2 RESOLUTION NO. 47-02 APPROVING THE ACCEPTANCE OF AN OFFER OF DEDICATION TO THE CITY ON PINEY WAY AND VACATION OF A PORTION OF THE MAIN STREET FRONTAGE BY THE CITY: (PUBLIC SERVICES) City Engineer Frank Cunningham stated 180 Main Street is the northwest corner of Piney Way and Main Street and is zoned R-l. A previous owner of this property initiated this project in late 1996. Since late 1997, the current owner has worked with the City in completing the public improvement plan design and associated requirements, and intends to build a new home on the site. The City Council continued this item from their July 8. 2002 meeting. The items of concern during the meeting included the accuracy of value of the land being vacated, the setback requirements, and sight distance conditions. The proposed dedication and vacation of property will result in a site more in conformance with current city standards. The dedication,to the City of approximately 45 square feet on Piney Way will enable the required width for standard curb, gutter and future sidewalk. The vacation area to the property owner of 1,431 square feet represents surplus land, with no identified public benefit, that would be left after construction of the public ® improvements. The vacated area would increase the lot size to 4,651 square feet being closer in size to the standard 7,000 square foot comer lot. The proposed public improvements will make the intersection safer and improve drainage. To enable a better defined street and transition, the owner has agreed to construct curb and gutter and two driveways along the adjacent neighbor's Main Street frontage. Mr. Cunningham stated staffs preferred option is the Piney Way lot frontage with 20-foot setback because it is typical of the homes on the same side of Piney Way. The setback on Main Street would be 10 feet, and would not create a visibility problem for vehicles leaving Piney Way to northbound Main Street. By requiring vehicular access to Piney Way versus Main Street, the turning and backing movements on Main Street will be eliminated from the subject lot. Mr. Cunningham recommended the City Council adopt Resolution No. 47-02 approving the acceptance of an offer of dedication on Piney Way and the summary vacation of a portion of the Main Street frontage at 180 Main Street with the condition that the vacation to require vehicular ingress and egress from Piney Way only. Consensus of the City Council was in support of this proposal. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 47-02 approving the acceptance of an offer of dedication on Piney Way and the summary vacation of a portion of the Main Street frontage at 180 Main Street with the condition that the vacation to require vehicular ingress and egress from Piney Way only. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING —AUGUST 12, 2002 D. NEW BUSINESS D-1 DISCUSSION ON CONSTRUCTING A BANDSTAND AT THE SOUTH END OF TIDELANDS PARK; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated the Recreation & Parks Commission originally discussed this issue in late 1998 and determined a need for a permanent stage at Tidelands Park. In mid-1999, some sketches were submitted to the Department for a portable stage in the "compass" area at the south end of the park. A sub -committee was formed and had several discussions regarding a stage at Tidelands Park, and determined that a permanent stage was preferable. Ms. Lueker stated the following items presently need to be considered prior to the installation of a stage: 1) review of the Tidelands Park Master Plan; 2) review of the Tidelands Park Settlement Agreement; 3) stage design; 4) cost analysis/f ending; 5) proceed with amending the Master Plan for the park which will include a hearing before the Recreation & Parks Commission and Planning Commission; 6) final approval by the City Council; and 7) stage construction. Ms. Lueker noted several local service groups/non-profit organizations have indicated they may be ® interested in working with the City of Morro Bay on this type of project. She recommended the City Council discuss this item and direct staff accordingly. Councilmember Peters asked what the cost would be for this project: Councilmember Peirce stated a prioritization of funding projects should be discussed before approving this project. Councilmember Crotzer expressed his support for this project. Councilmember Elliott stated discussion should take place on issues such as days of week and hours of operation, and venues. He said this project could be done reasonably. Mayor Anderson stated the Tidelands Park Settlement Agreement should be assessed carefully. MOTION: Councilmember Elliott moved the City Council direct staff to research the issues discussed, and return back to Council. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) 10 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING —AUGUST 12, 2002 D-2 DISCUSSION ON COMMUNITY GARDENS IN MORRO BAY; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated community gardens have been popular for a number of years and it is estimated there are 10,000 such gardens within U.S. cities. The gardens can result in the beautification of a barren space, and a strengthened sense of community. For low-income families, these gardens provide a potential source of fresh nutritious produce at a relatively low cost. Gardening promotes physical fitness for adults and provides an alternative to crime among youths. Community gardens build community spirit by providing people of different ages, incomes and cultures a common goal, as well as a practical approach to reclaiming vacant lots. Ms. Lueker stated the City of San Luis Obispo created a community garden in an area next to their Parks and Recreation office at 1341 Nipomo Street. The garden plots are approximately 10'x10' and each gardener must complete a brief application for garden space. There are decomposed granite walkways among the plots for easy access. The garden plots contain a wide variety of plantings ranging from flowers to vegetables. Water is located nearby as well as an area for storage of mulching material. The garden ® is loosely supervised by the staff at the Parks and Recreation office, due to the proximity of the building. Several potential issues include `'poaching" materials from plots, excessive use of water and standard of care. Ms. Lueker recommended the City Council discuss this item and direct staff accordingly. Councilmember Elliott stated this type of program is more suitable for a higher density area. Councilmember Crotzer stated this is a good idea in a suitable location. Councilmember Peirce stated this appears to be a complicated program. Councilmember Peters stated this is a wonderful activity for the community. She said she would investigate potential locations on city property. Mayor Anderson stated this is a good idea; however, he has concern with using city property for a recreational activity. MOTION: Councilmember Elliott moved the City Council direct staff to prepare an outreach to the community with a press release and placement in the City's Tides publication. The motion was seconded by Councilmember Peters and carved unanimously. (5-0) El ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 12. 2002 D-3 COUNCIL REQUEST TO AGENDIZE DISCUSSION ON THE BAN ON DOGS AT MORRO STRAND STATE BEACH; (COUNCIL) Councilmember Peirce requested this item be agendized for discussion under Future Agenda Items at the July 22, 2002 City Council meeting. MOTION: Councilmember Elliott moved the City Council direct staff to check the availability of the appropriate state agencies for a special meeting to discuss the ban on dogs at Morro Strand State Beach. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) D-4 DESIGNATION OF VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE; (ADMINISTRATION) City Manager Robert Hendrix requested the City Council select a voting delegate to represent the City of Morro Bay at the Annual League of California Cities Conference at the annual business meeting on Saturday, October 5, 2002 at the Long Beach Convention Center. MOTION: Councilmember Peirce moved the City Council appoint Councilmember Elliott as the City's voting delegate at the Annual League of California Cities Conference business meeting. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) F. ADJOURNMENT The meeting adjourned at 10:10 p.m. Recorded by: Bndgett Bauer City Clerk 12 ® 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 22, 2002 CLOSED SESSION - JULY 22, 2002 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 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: Embarcadero Road/Pacific Street Negotiating Parties: Seibert Family Trust 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. L ® PUBLIC SESSION - JULY 22, 2002 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 JULY 8. 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT — JUNE 2002; (FINANCE) RECOMMENDATION: Receive for information. ® A-3 EXPENDITURE REPORT - JUNE 2002; (FINANCE) RECOMMENDATION: Approve as submitted. A4 APPROVAL OF WASTEWATER TREATMENT PLANT JOINT POWERS AUTHORITY AUDIT REPORT; (FINANCE) RECOMMENDATION: Accept the audit report. A-5 RESOLUTION NO. 44-02 AUTHORIZING ACCESS TO SALES AND USE TAX RECORDS; (FINANCE) RECOMMENDATION: Adopt Resolution No. 44-02. A-6 ORDINANCE NO. 490 APPROVING AMENDMENTS TO MORRO BAY MUNICIPAL CODE SECTION 12.08 "CITY TREE REGULATIONS" - SECOND READING/ADOPTION; (PUBLIC SERVICES) RECOMMENDATION: Approve Ordinance No. 490 for second reading and adoption. B. PUBLIC HEARINGS. REPORTS & APPEARANCES — NONE. ® C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS RECOMMENDATION: Receive for information. C-2 SELECTION OF REGIONAL/URBAN DESIGN ASSISTANCE TEAM STREETSCAPE DESIGN COMPONENTS, (PUBLIC SERVICES) RECOMMENDATION: Consider and select general design criteria for streetscape components, and direct the preparation of construction plans and specifications. 3 ® D. NEW BUSINESS D-I UPDATE ON THE PUBLIC HEALTH SECTIONS OF THE MUNICIPAL CODE TO REFLECT COUNTY ORDINANCE CHANGES; (CITY ATTORNEY) RECOMMENDATION: This item has been pulled from the agenda. D-2 DISCUSSION ON CONSTRUCTING A BAND STAND AT THE SOUTH END OF TIDELANDS PARK; (CITY COUNCIL) RECOMMENDATION: Review and direct staff accordingly. D-3 DISCUSSION ON COMMUNITY GARDENS IN MORRO BAY; (CITY COUNCIL) RECOMMENDATION: Review 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. E MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION — JULY 22, 2002 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 City Manager 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 54956.8; 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 four (4) parcels. • Property: Embarcadero Road/Pacific Street Negotiating Parties: Seibert Family Trust and the City of Morro Bay Negotiations: Possible Voluntary Purchase. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:35 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 5:35 p.m. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 22, 2002 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 Jeff Jones Jim Koser Joe Loven Andrea Lueker Bill Omdorff ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY City Manager City Attorney City Clerk Harbor Director Capital Projects Manager Fire Chief Finance Director Police Chief Recreation & Parks Director Acting Public Services Director MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT — City Attorney Robert Schultz stated the City Council met in Closed Session, and no reportable action under the Brown Act was taken. PUBLIC COMMENT Betty Forsythe, Friends of the Library, announced there will be a "garage sale' on August .3 in efforts to raise money for the library expansion project. Betty Winholtz stated a Supreme Court ruling was recently made on solicitation that is similar to Morro Bay's solicitation ordinance, and she asked what Morro Bav has done to bring it in conformance. Janice House addressed the ban on dogs on Morro Strand Beach stating the City should work with other agencies to come up with a compromise to this lain. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 22, 2002 Jim Wood. Chairman of the Harbor Advisory Board stated the Board could cancel their meeting on August I" in order to attend the Monterey Bay Marine Sanctuary meeting in Cambria. Mr. Wood also addressed the Council on the ban on dogs on Morro Strand State Beach stating soon people will be banned from walking on the beach. Stan House stated regulations would eventually ban people from the Morro Strand State Beach. David Nelson addressed the City budget and stated he would like to see the City claim some fiscal responsibility. John Barter Planning Commissioner and citizen, addressed Item C-2 (Selection of Regional/Urban Design Assistance Team Streetscape Design Components) and stated that not all the information that was discussed by the Planning Commission was included in the report. He also said the August 4'" Merchants Street Faire in Morro Bay would be a good venue to obtain public input on the downtown beautification project. Nancy Castle, AGP Video, gave an overview of upcoming events that will be filmed for ® public information. Mayor Anderson closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peirce requested discussion on the ban on dogs on Morro Strand State Beach; Mayor Anderson concurred. 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 8, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT — JUNE 2002; (FINANCE) RECOMMENDATION: Receive for information. E ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 22, 2002 A-3 EXPENDITURE REPORT - JUNE 2002, (FINANCE) RECOMMENDATION: Approve as submitted. A4 APPROVAL OF WASTEWATER TREATMENT PLANT JOINT POWERS AUTHORITY AUDIT REPORT; (FINANCE) RECOMMENDATION: Accept the audit report. A-5 RESOLUTION NO. 44-02 AUTHORIZING ACCESS TO SALES AND USE TAX RECORDS; (FINANCE) RECOMMENDATION: Adopt Resolution No. 44-02. A-6 ORDINANCE NO. 490 APPROVING AMENDMENTS TO MORRO BAY MUNICIPAL CODE SECTION 12.08 "CITY TREE REGULATIONS" - SECOND READING/ADOPTION; (PUBLIC SERVICES) ® RECOMMENDATION: Approve Ordinance No. 490 for second reading and adoption. u Councilmember Peters pulled Item A-3 from the Consent Calendar; Councilmember Peirce pulled Item A-6. MOTION: Councilmember Crotzer moved to approve the Consent Calendar with the exception of Items A-3 and A-6. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-3 EXPENDITURE REPORT - JUNE 2002; (FINANCE) Councilmember Peters addressed this item for public information. MOTION: Councilmember Peters moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 22, 2002 A-6 ORDINANCE NO. 490 APPROVING AMENDMENTS TO MORRO BAY MUNICIPAL CODE SECTION 12.08 "CITY TREE REGULATIONS" - SECOND READING/ADOPTION; (PUBLIC SERVICES) Councilmember Peirce stated he would vote in opposition to this ordinance based on his comments and vote in opposition of the first reading and introduction of Ordinance No. 490 at the June 8 h City Council meeting. Councilmember Elliott stated the City should allow staff to do their job and not get into micro -managing. MOTION: Councilmember Peters moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried with Councilmember Elliott and Councilmember Peirce voting no. (3-2) B. PUBLIC HEARINGS, REPORTS & APPEARANCES — NONE. ® C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS City Attorney Robert Schultz reviewed the progress report on the Duke Energy Power Plant Project for public information. This was an informational item. and no action was taken. C-2 SELECTION OF REGIONAL/URBAN DESIGN ASSISTANCE TEAM STREETSCAPE DESIGN COMPONENTS; (PUBLIC SERVICES) Capital Projects Manager Bill Boucher stated in the intervening weeks since the Cit} Council accepted the staff recommendation to hire a consultant for the R/UDAT improvements, EDA has been working with staff to develop draft streetscape design guidelines for Council consideration. The basic concept is to have standard details for lighting, benches, sidewalks, intersection treatments and other components to use on the first construction phase and into the future. Mr. Boucher recommended the City Council consider and select general design criteria for streetscape components, and direct the ® preparation of construction plans and specifications, and advertise for bids. 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 22, 2002 Councilmember Peters stated there should be some public input at a future public hearing on the plans for the downtown area. Councilmember Crotzer stated the dream of R/UDAT and these plans for making downtown a welcoming place to visit is coming true. He said he likes the overall idea of a nautical theme. Councilmember Crotzer stated he would like to have some public input, and supports the idea of trading some major element in order to get a broader scope of this project. Mayor Anderson stated he supports holding a public hearing on this item at the next City Council meeting. He said there are a myriad of possibilities of how the City can proceed with this project. Councilmember Elliott stated there are a number of things that could be delayed. He said Council has received more than plenty of public comment on this item, and a public hearing should not be required. Councilmember Elliott stated putting in electrical should he considered a priority. He said concentration should be made at the intersection of ® Morro Bay Boulevard and Main Street. Councilmember Elliott stated the City should seek volunteer help on this project, and also consider truck routes. Councilmember Peirce stated a raised median could cause problems for special events. He said he would like to improve more than the downtown area. MOTION: Councilmember Peters moved the City Council continue this discussion to a public hearing at the August 12, 2002 City Council meeting; and, direct staff to research the possibility of expanding the budget, provide schematics of the streets and estimates for this project. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) D. NEW BUSINESS D-1 UPDATE ON THE PUBLIC HEALTH SECTIONS OF THE MUNICIPAL CODE TO REFLECT COUNTY ORDINANCE CHANGES; (CITY ATTORNEY) This item was pulled from the agenda. u ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 22, 2002 D-2 DISCUSSION ON CONSTRUCTING A BAND STAND AT THE SOUTH END OF TIDELANDS PARK; (CITY COUNCIL) Councilmember Elliott requested this item as a Future Agenda Item at the July 8, 2002 City Council meeting. MOTION: Councilmember Elliott moved the City Council agendize this item for discussion at an upcoming City Council meeting. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) D-3 DISCUSSION ON COMMUNITY GARDENS IN MORRO BAY; (CITY COUNCIL) Councilmember Peters requested this item as a Future Agenda Item at the July 8, 2002 City Council meeting. MOTION: Councilmember Peters moved the City Council agendize this item for discussion at an upcoming City Council meeting. The motion was ® seconded by Councilmember Crotzer and carried unanimously. (5-0) F. ADJOURNMENT The meeting adjourned at 8:17 p.m. Recorded by: Bridgett Bauer City Clerk I] 7 ® 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 8, 2002 CLOSED SESSION - JULY 8, 2002 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA ® CS-1 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES. Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Manager. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. ® PUBLIC SESSION - JULY 8, 2002 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 vour 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 JUNE 24, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 NOTICE OF COMPLETION FOR SECONDARY CLARIFIER DRIVE UNIT REPLACEMENT PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Accept the project as completed, and authorize the filing of a Notice of Completion. ® A-3 NOTICE OF COMPLETION FOR QUINTANA ROAD BIKE LANES AND OVERLAY PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Accept the project as completed, and authorize the filing of a Notice of Completion. A4 STATUS OF COUNCIL REFERRAL ITEMS; (ADMINISTRATION) RECOMMENDATION: Receive for information. A-5 RESOLUTION NO. 41-02 AUTHORIZING THE LIMITATION OF PARKING TO 24 HOURS ON BOTH SIDES OF ATASCADERO ROAD (STATE HIGHWAY 41) BETWEEN SUNSET AND HILL STREETS; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 41-02. A-6 RESOLUTION NO. 42-02 APPROVING THE ACCEPTANCE OF AN OFFER OF DEDICATION TO THE CITY ON PINEY WAY AND VACATION OF A PORTION OF THE MAIN STREET FRONTAGE BY THE CITY; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 42-02. ® A-7 RESOLUTION NO. 43-02 APPROVING A REAL ESTATE AUCTION PURCHASE CONTRACT FOR ACQUISITION OF 231 ATASCADERO ROAD; (CITY ATTORNEY) RECOMMENDATION: Adopt Resolution No. 43-02. B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 RESOLUTION NO. 40-02 OF INTENTION TO AMEND THE CONTRACT BETWEEN PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF MORRO BAY TO PROVIDE SECTION 21027 — MILITARY SERVICE CREDIT FOR RETIRED PERSONS; AND ORDINANCE NO. 491 AUTHORIZING AMENDMENT TO SAID CONTRACT; (FIRST READING/INTRODUCTION) RECOMMENDATION: Adopt Resolution No. 40-02, and approve Ordinance No. 491 for first reading and introduction. r� 3 ® B-2 Ordinance No. 490 Approving Amendments to Morro Bay Municipal Code Section 12.08 "City Tree Regulations'; First Reading /Introduction, and Approval of the Revised Master Tree List RECOMMENDATION: Approve Ordinance No. 490 for first reading and introduction, and approve the Revised Master Tree List. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS RECOMMENDATION: Receive for information. C-2 REVIEW OF OUTDOOR LIGHTING ORDINANCE; (CITY ATTORNEY) RECOMMENDATION: Review and direct staff accordingly. C-3 COUNCIL REVIEW OF DRAFT ADVISORY BOARD HANDBOOK AND BY-LAWS, AND COUNCIL POLICIES AND PROCEDURES; (CITY ATTORNEY) ® RECOMMENDATION: Review and direct staff accordingly. 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. ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION — JULY 8, 2002 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. is CS-1 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES. Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Manager. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:59 p.m. MOTION: Councilmember Elliott moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 5:59 p.m. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JULY 8. 2002 VETERANS MEMORIAL HALL - 6:00 P.M. Mavor Anderson called the meeting to order at 6:10 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 Frank Cunningham City Engineer JeffJones Fire Chief Jim Koser Finance Director Joe Loven Police Chief Bill Omdorff Acting Public Services 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 under the Brown Act was taken. PUBLIC COMMENT Kim Kimball, Director of Chamber of Commerce, expressed her aFXreciation, along with the gratitude of the 4d' of July Committee, to those who made the 4 of July festivities such a success. Frank DeVine expressed opposition to sidewalk installation throughout the City. Betty Forsythe, Friends of the Library, announced "Love Your Library — Love Christmas in July" craft vendor sale to benefit the library expansion project. Hank Roth, Morro Bay Neighborhood Watch, announced the Annual Fund Raiser Rummage Sale on August 3`d. E ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JULY 8, 2002 The following people addressed Item A-5 (Resolution No. 41-02 Authorizing the Limitation of Parking to 24 Hours on Both Sides of Atascadero Road (State Highway 41) between Sunset and Hill Streets), requesting Council's consideration of maintaining parking in front of the trailer park for tenant parking: Jean McGuire, Carol Glass, Darryl Griggs, JoAnn Forstedt, Karen Ott, and Harvey Friedly. Mayor Anderson closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Elliott requested to agendize the discussion on constructing a bandstand at the south end of Tidelands Park. Councilmember Peirce supported this request. Councilmember Peters requested to agendize the discussion on community gardens in Morro Bay. Councilmember Crotzer supported this request. 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 24, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 NOTICE OF COMPLETION FOR -SECONDARY CLARIFIER DRIVE UNIT REPLACEMENT PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Accept the project as completed, and authorize the filing of a Notice of Completion. A-3 NOTICE OF COMPLETION FOR QUINTANA ROAD BIKE LANES AND OVERLAY PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Accept the project as completed, and authorize the filing of a Notice of Completion. A4 STATUS OF COUNCIL REFERRAL ITEMS; (ADMINISTRATION) ® RECOMMENDATION: Receive for information. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JULY 8, 2002 A-5 RESOLUTION NO. 41-02 AUTHORIZING THE LIMITATION OF PARKING TO 24 HOURS ON BOTH SIDES OF ATASCADERO ROAD (STATE HIGHWAY 41) BETWEEN SUNSET AND HILL STREETS; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 41-02. A-6 RESOLUTION NO. 42-02 APPROVING THE ACCEPTANCE OF AN OFFER OF DEDICATION TO THE CITY ON PINEY WAY AND VACATION OF A PORTION OF THE MAIN STREET FRONTAGE BY THE CITY; (PUBLIC SERVICES) 'RECOMMENDATION: Adopt Resolution No. 42-02. A-7 RESOLUTION NO. 43-02 APPROVING A REAL ESTATE AUCTION PURCHASE CONTRACT FOR ACQUISITION OF 231 ATASCADERO ROAD; (CITY ATTORNEY) ® RECOMMENDATION: Adopt Resolution No. 43-02. Councilmember Peters pulled Items A-1 and A-4 from the Consent Calendar: Councilmember Peirce pulled Item A-5; and Councilmember Crotzer pulled Items A-6 and A-7. MOTION: Councilmember Peirce moved the City Council approve Items A-2 and A-3 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) A -I APPROVAL OF MINUTES FOR THE REGULAR MEETING OF JUNE 24, 2002; (ADMINISTRATION) Councilmember Peters requested an amendment be made to her comments on page 5 of the June 24, 2002 City Council minutes. The City Clerk had previously made this amendment to the minutes for Council's review. City Attorney Robert Schultz also noted corrections on the first page noting the motions should reflect a (4-0) vote instead of (5-0) with Councilmember Crotzer being absent. MOTION: Councilmember Peters moved the City Council approve Item A-1 as amended. The motion was seconded by Councilmember Peirce and is carried with Councilmember Crotzer abstaining. (4-0-1) 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JULY 8, 2002 A-4 STATUS OF COUNCIL REFERRAL ITEMS; (ADMINISTRATION) Councilmember Peters requested staff include Public Workshops on the Planning and Development Process of the Public Services Department in the status report. MOTION: Councilmember Peters 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-5 RESOLUTION NO. 41-02 AUTHORIZING THE LIMITATION OF PARKING TO 24 HOURS ON BOTH SIDES OF ATASCADERO ROAD (STATE HIGHWAY 41) BETWEEN SUNSET AND HILL STREETS; (PUBLIC SERVICES) Mayor Anderson requested staff clarification on this item. City Engineer Frank Cunningham stated the limited parking proposal is being requested to help improve concerns regarding parked cars hindering safe sight -distances required to enter and exit ® on to Atascadero Road. Consensus of the City Council was to not place a parking restriction on this section of Atascadero Road. MOTION: Councilmember Crotzer moved the City Council oppose Resolution No. 41-02 authorizing the limitation of parking to 24 hours on both sides of Atascadero Road (State Highway 41) between Sunset and Hill Streets. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-6 RESOLUTION NO. 42-02 APPROVING THE ACCEPTANCE OF AN OFFER OF DEDICATION TO THE CITY ON PINEY WAY AND VACATION OF A PORTION OF THE MAIN STREET FRONTAGE BY THE CITY; (PUBLIC SERVICES) Councilmember Crotzer asked for staff clarification on this request: City Engineer Frank Cunningham reviewed the proposal for the dedication to the City on Piney Way and vacation of a portion of the Main Street frontage by the City. Councilmember Elliott expressed concern with the proposed vacation of land by the City. He addressed issues such as the sewer connection, site distance and property values. 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JULY 8. 2002 Councilmember Crotzer stated there should be some compromise that would allow for public benefit, such as setting the developable property back and broadening the street to allow for some site views and public amenity. Councilmember Peters stated setbacks would need to be observed especially on Main Street. Councilmember Peirce stated he does not see any other use for this property. Mayor Anderson stated this property would not be of benefit to the City; however. it will increase the property value for the property owners. He said a left hand turn lane onto Piney from Main Street would be beneficial. Mayor Anderson stated he supports this request as it is presented. MOTION: Councilmember Crotzer moved the City Council return this item to the Public Services staff for further review of Council questions, and return to City Council for consideration. The motion was seconded by ® Councilmember Elliott and carried with Mayor Anderson voting no. (4-1) A-7 RESOLUTION NO. 43-02 APPROVING A REAL ESTATE AUCTION PURCHASE CONTRACT FOR ACQUISITION OF 231 ATASCADERO ROAD; (CITY ATTORNEY) Councilmember Crotzer stated this is an ideal location for a teen center; Council concurred. MOTION: Councilmember Crotzer moved the City Council approve Item A-7 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) Mayor Anderson called for a break at 7:00 p.m.; the meeting resumed at 7:10 p.m. P J R ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JULY 8, 2002 B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 RESOLUTION NO. 40-02 OF INTENTION TO AMEND THE CONTRACT BETWEEN PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF MORRO BAY TO PROVIDE SECTION 21027 — MILITARY_ SERVICE CREDIT FOR RETIRED PERSONS; AND ORDINANCE NO. 491 AUTHORIZING AMENDMENT TO SAID CONTRACT; (FIRST READINGIINTRODUCTION) City Manager Robert Hendrix stated the City Council at their May 13, 2002 meeting, directed staff to begin the process to add the military service credit benefit for police retirees. The optional benefit offered by PERS allows employees to purchase up to four years of service credit for any continuous active military or merchant marine service prior to employment. The employee is required to pay the employee's share of the benefit and the City's share. The City Council amended its contract with PERS to provide this benefit to police safety employees in June of 1998 and for miscellaneous employees in April 2000. Mr. Hendrix recommended the City Council adopt Resolution No. 40-02 as ® the intention to amend the contract between Public Employees' Retirement System and the City of Morro Bay to provide Section 21027 — Military Service Credit for Retired Persons; and, approve the first reading and introduction of Ordinance No. 491 authorizing the amendment to said contract. E Mayor Anderson opened the hearing for public comment; there were no comments and Mayor Anderson closed the public comment hearing. MOTION: Councilmember Crotzer moved the City Council adopt Resolution No. 40-02 approving the intention to amend the Contract between Public Employees' Retirement System and the City of Morro Bay to provide Section 21027 — Military Service Credit for Retired Persons; and approve the first reading and introduction of Ordinance No. 491 authorizing amendment to said Contract. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JULY 8, 2002 B-2 ORDINANCE NO. 490 APPROVING AMENDMENTS TO MORRO BAY MUNICIPAL CODE SECTION 12.08 "CITY TREE REGULATIONS'; FIRST READING/INTRODUCTION, AND APPROVAL OF THE REVISED MASTER TREE LIST; (PUBLIC SERVICES) Acting Public Services Director Bill Omdorff stated the City Council at its June 24, 2002 meeting, discussed the amendments for Ordinance No. 490, and the action to approve the amendments failed on a two to two vote. It has been rescheduled for Council's consideration, and Mr. Omdorff recommended the City Council approve the first reading and introduction of Ordinance No. 490 approving amendments to Morro Bay Municipal Code Section 12.08, "City Tree Regulations'; and, adopt the Master Tree List dated June 10, 2002. Mayor Anderson opened the hearing for public comment. Betty Winholtz expressed her appreciation for the acknowledgement of the trees and wildlife in this ordinance. ® Mayor Anderson closed the public comment hearing. Councilmember Peirce stated the City has staff and the municipal code that is already in action. MOTION: Councilmember Crotzer moved the City Council approve the first reading and introduction of Ordinance No. 490 approving amendments to Morro Bay Municipal Code Section 12.08 "City Tree Regulations" by number and title only; and approval of the revised Master Tree List. The motion was seconded by Councilmember Peters and carried with Councilmember Elliott and Councilmember Peirce voting no. (3-2) City Manager Robert Hendrix read Ordinance No. 490 by number and title only. C1 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JULY 8, 2002 C. UNFINISHED BUSINESS C-I PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS City Attorney Robert Schultz reviewed the progress report on the Duke Energy Power Plant Project for public information. This was an informational item, and no action was taken. C-2 REVIEW OF OUTDOOR LIGHTING ORDINANCE; (CITY ATTORNEY) City Attorney Robert Schultz stated the City of Morro Bay does not have an Outdoor Lighting Control Ordinance. Councilmember Crotzer had previously expressed concern with the Morro Bay Power Plant Project, specifically whether the lighting from the power plant would meet the requirements of the City's regulations. An ordinance has been ® drafted, and at the direction of Council, it has been forwarded to the Planning Commission, Public Works Advisory Board, and Harbor Advisory Board for their review. Mr. Schultz recommended the City Council receive this report and provide staff with further direction on this matter. Councilmember Elliott clarified the concern with the Duke Energy project is if the lights used while under construction will be hooded to deflect the light. Council received this report; however, no action was taken on this item. C-3 COUNCIL REVIEW OF DRAFT ADVISORY BOARD HANDBOOK AND BY-LAWS, AND COUNCIL POLICIES AND PROCEDURES; (CITY ATTORNEY) City Attomev Robert Schultz stated the City Council at its May Li, 2002 meeting. reviewed the Council Policies and Procedures and the draft Advisory Handbook and By - Laws. Staff has incorporated Council's requested changes and returns with an updated draft for Council's review and comments. Councilmember Elliott stated there should be a provision where the handbook is reviewed by the advisory boards and commissions on an annual basis. 0 Councilmember Peters stated the handbook should be attractive but kept feasible. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JULY 8, 2002 Councilmember Crotzer stated public service should be conducted in the light of day. He said he feels strongly about an appointed or elected officer of the City who steps down due to a conflict of interest should not be allowed to give public comment or influence the decision of the issue he or she has conflict with. Councilmember Peirce stated the handbook is in order with the addition of an annual review. Mayor Anderson stated he has stepped down due to conflict of interest more than anyone because he is a property owner on the Embarcadero. Councilmember Crotzer stated he would not vote in favor of a motion to adopt the Policies and Procedures or By -Laws unless it includes a clause that will disallow an appointed or elected officer of the City who has stepped down due to a conflict of interest to address the subject on the floor as a member of the public. MOTION: Councilmember Elliott moved the City Council adopt the Advisory Board Handbook and By -Laws, and Council Policies and Procedures with the ® inclusion that each commission and advisory board by-law include to schedule an annual review of the policies and procedures. The motion was seconded by Councilmember Peters and carried with Councilmember Crotzer voting no. (4-1) D. NEW BUSINESS — NONE. F. ADJOURNMENT The meeting adjourned at 8:53 p.m. Recorded by: BridgettvUBauer 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 MEETING — NNE 24, 2002 CLOSED SESSION - JUNE 24, 2002 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 the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. 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 one (1) parcel: PronertY: 231 Atascadero Road Property Owner: Rodney Miles and/or Trustee Discussion: Sale of Property at Auction. CS-3 GOVERNMENT 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. PUBLIC SESSION - NNE 24, 2002 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-] APPROVAL OF MINUTES FOR THE REGULAR MEETING OF JUNE 10, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS - MAY 2002; (FINANCE) RECOMMENDATION: Receive for information. �J OA ® A-3 EXPENDITURE REPORT - MAY 2002; (FINANCE) RECOMMENDATION: Approve as submitted. A4 RESOLUTION NO. 36-02 ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND MAKING APPROPRIATIONS FOR FISCAL YEAR 2002/03; (FINANCE) RECOMMENDATION: Adopt Resolution No. 36-02. A-5 RESOLUTION NO. 39-02 CALLING THE GENERAL MUNICIPAL ELECTION AND REQUESTING CONSOLIDATION WITH THE COUNTY OF SAN LUIS OBISPO; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 39-02. A-6 PROCLAMATION DECLARING JULY 2002 AS "RECREATION & PARKS MONTH'; (RECREATION & PARKS) RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS, REPORTS & APPEARANCES ® B-1 RESOLUTION NO. 38-02 ORDERING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS PARK AND OPEN SPACE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 38-02. B-2 RESOLUTION NO. 37-02 ORDERING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 37-02. B-3 ORDINANCE NO. 490 APPROVING AMENDMENTS TO MORRO BAY MUNICIPAL CODE SECTION 12.08 "CITY TREE REGULATIONS". AND APPROVAL OF THE REVISED MASTER TREE LIST — FIRST READING / INTRODUCTION; (PUBLIC SERVICES) RECOMMENDATION: Approve first reading and introduction of Ordinance No. 490. 11 3 ® C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS RECOMMENDATION: Receive for information. D. NEW BUSINESS D-1 RESOLUTION NO. 35-02 ESTABLISHING APPROPRIATION LIMIT CALCULATION FOR FISCAL YEAR 2002/03; (FINANCE) RECOMMENDATION: Adopt Resolution No. 35-02. E. ADJOURNMENT u 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. 11 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION — JUNE 24.2002 ® CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m. PRESENT: ABSENT: STAFF: CLOSED SESSION Rodger Anderson Dave Elliott William Peirce Janice Peters Colby Crotzer Jim Koser Robert Schultz Mayor Councilmember Councilmember Councilmember Councilmember Acting City Manager City Attomey MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carved. (4-0) Mayor Anderson read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54957.6: CONFERENCE WITH ® LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. 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 one (1) parcel: • Property_: 231 Atascadero Road Property Owner: Rodney Miles and/or Trustee Discussion: Sale of Property at Auction. CS-3 GOVERNMENT CODE SECTION 54956.9(a): CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION: • ISOP 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 Peirce moved the meeting be adjourned. The motion was ® seconded by Councilmember Elliott and unanimously carved. (4-0) The meeting adjourned at 5:50 p.m. C� 11 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 24, 2002 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: Jim Koser Robert Schultz Bridgett Bauer Jeff Jones Joe Loven Andrea Lueker Bill Omdorff Councilmember Acting City Manager/Finance Director City Attorney City Clerk Fire Chief Police Chief Recreation & Parks Director Acting Public Services 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 under the Brown Act was taken. PUBLIC COMMENT — None. 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 10. 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 24, 2002 A-2 STATEMENT OF CASH & INVESTMENTS - MAY 2002: (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - MAY 2002, (FINANCE) RECOMMENDATION: Approve as submitted. A4 RESOLUTION NO. 36-02 ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND MAKING APPROPRIATIONS FOR FISCAL YEAR 2002/03; (FINANCE) RECOMMENDATION: Adopt Resolution No. 36-02. A-5 RESOLUTION NO. 39-02 CALLING THE GENERAL MUNICIPAL ELECTION AND REQUESTING CONSOLIDATION WITH THE COUNTY OF SAN LUIS OBISPO; (ADMINISTRATION) ® RECOMMENDATION: Adopt Resolution No. 39-02. A-6 PROCLAMATION DECLARING JULY 2002 AS "RECREATION & PARKS MONTH"; (RECREATION & PARKS) RECOMMENDATION: Adopt Proclamation. Councilmember Peters pulled Item A-3 from the Consent Calendar. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Item A-3. The motion was seconded by Councilmember Elliott and carried unanimously. (4-0) A-3 EXPENDITURE REPORT - MAY 2002; (FINANCE) Councilmember Peters pulled this item for public information. 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) Mayor Anderson called for a break at 6:35 p.m.; the meeting resumed at 7:00 p.m. El 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 24, 2002 B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 RESOLUTION NO. 38-02 ORDERING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS PARK AND OPEN SPACE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated at the May 28, 2002 City Council meeting, the Council adopted Resolution No. 33-02 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. The assessment is projected at $1,241.20 per assessable lot in the Cloisters subdivision and will be collected by the County Assessor. Ms. Lueker stated as part of the assessment process, the City ordered the preparation of an Engineers report, adopted a resolution of intention to levy an assessment, set June 24, 2002 as the hearing date on the proposed levy of assessment, and noticed all property owners of record of the hearing, and also published the notice in the local newspaper. Ms. Lueker recommended the City Council adopt Resolution No. 38-02 confirming the levy of assessment for Fiscal Year ® 2002/2003 for the Cloisters Landscaping and Lighting Maintenance Assessment District. Councilmember Elliott reviewed components of Proposition 218 that reflects maintenance assessment fees based on how much special interest is offered to the residents vs. the general public. He said he is opposed to assessment fees because these are parks that benefit the general public. Mayor Anderson opened the hearing for public comment. The following people spoke in opposition to the proposed assessment for Fiscal Year 2002/2003 for the Cloisters Landscaping and Lighting Maintenance Assessment District: Gary Brochtrup, Audrey Gendron, Freeman Hall, Phil McLain, Jim Sullivan, Ken Twist, and Dana Putnam. Mayor Anderson closed the public comment hearing. Councilmember Elliott stated the Coastal Commission required this project to include open space, and it was the City who required a park be located in this development. He said this is a special benefit that is used more by people who do not live in the subdivision. Councilmember Elliott stated this is a public facility and should be funded by the public at large. C! MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 24, 2002 ® Councilmember Peters stated this was an agreement that the property owners signed at the time of purchasing their property. She said the community lost their open access to the beach when this subdivision was built. Councilmember Peters stated the residents who live in the Cloisters subdivision have the benefit of having a park within walking distance to their homes. She said the residents have the option of maintaining the park at their cost. City Attorney Rob Schultz informed the Council that it is not possible for the Cloisters residents to hire their own maintenance workers. Councilmember Peters suggested that the residents consider "zeroscaping" for the median strips and buffer areas to reduce the maintenance costs. Councilmember Peirce stated he agrees with most of what Councilmember Elliott stated; however, he would support the assessment for this subdivision for this year. He said perhaps next year it can be worked out. Mayor Anderson stated there is. a ceiling on the amount of assessment fees the property owners will have to pay. He said he has spent a lot of time at this park and the surrounding areas, and he finds the level of maintenance is outstanding. Mayor Anderson stated the level of maintenance of this park would be significantly lower if the ® maintenance assessment district is dissolved. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 38-02 confirming the levy of assessment for Fiscal Year 2002/2003 for the Cloisters Landscaping and Lighting Maintenance Assessment District. The motion was seconded by Mayor Anderson and carried with Councilmember Elliott voting no. (3-1) B-2 RESOLUTION NO. 37-02 ORDERING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated at the May 28, 2002 City Council meeting, the Council adopted Resolution No. 32-02 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. The assessment is projected at $564.50 per assessable lot in the North Point subdivision and will be collected by the County Assessor. Ms. Lueker stated as part of the assessment process, the City ordered the preparation of an Engineer's report, adopted a resolution of intention to levy an assessment, set June 24, 2002 as the hearing date on the proposed levy of assessment, and noticed all property owners of record of the hearing, and also ® published the notice in the local newspaper. Ms. Lueker recommended the City Council adopt Resolution No. 37-02 confirming the levy of assessment for Fiscal Year 2002/2003 for the North Point Natural Area Landscaping and Lighting Maintenance Assessment District. F_ ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 24, 2002 Mayor Anderson opened the hearing for public comment. Phil McLain expressed his opposition to this assessment. Mayor Anderson closed the public comment hearing. Councilmember Peters stated this is a minimal care natural area with a stairway that goes down to the beach, and the property owners have the benefit of having access to the beach close to their homes. Councilmember Elliott stated for every new home that is built in these assessment districts, those property owners are paying a much higher property tax of which a portion comes back to the City. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 37-02 confirming the levy of assessment for Fiscal Year 2002/2003 for the North ® Point Natural Area Landscaping and Lighting Maintenance Assessment District. The motion was seconded by Mayor Anderson and carved with Councilmember Elliott voting no. (3-1) C B-3 ORDINANCE NO. 490 APPROVING AMENDMENTS TO MORRO BAY MUNICIPAL CODE SECTION 12.08 "CITY TREE REGULATIONS", AND APPROVAL OF THE REVISED MASTER TREE LIST — FIRST READING / INTRODUCTION; (PUBLIC SERVICES) Acting Public Services Director Bill Omdorff stated at the City Council meeting of June 10. 2002, direction was given to staff to make additional changes to the ordinance relative to tree removal and the nesting of raptors. The exception clause was added to allow a tree to be removed in an emergency situation without violating a City ordinance even if there is evidence of a nesting raptor. In addition, City Council directed that some grammatical changes be made to Section 12.08.080, as well as increasing the replacement trees from "one-to-one' to "two -to -one". Mr. Omdorff recommended the City Council approve the first reading and introduction of Ordinance No. 490 amending the Morro Bay Municipal Code, Title 12.08 relating to "City Tree Regulations", and also recommended the City Council adopt the "Master Tree List" dated June 10, 2002. 131 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 24, 2002 Mayor Anderson opened the hearing for public comment Rosalie Valvo stated the Migratory Bird Treaty Act states that all migratory birds and their parts should be protected. She said raptors should not be the only birds to be protected, and more attention should be made to their protection other than February through June which is not inclusive enough. Mayor Anderson closed the public comment hearing. Councilmember Peters stated she supports the new language in the ordinance. Councilmember Elliott stated the added language is nothing but micro -managing, and it is time that City staff be able to do their job. He said he does not support the new language presented in Ordinance No. 490, and would prefer to go back to the previous language. Councilmember Peirce stated it is time to stop micro -managing, and he will not support this Ordinance as presented. ® MOTION: Councilmember Peters moved the City Council approve the first reading and introduction of Ordinance No. 490 amending the Morro Bay Municipal Code, Title 12.08 relating to "City Tree Regulations", and also recommended the City Council adopt the "Master Tree List' dated June 10, 2002. The motion was seconded by Mayor Anderson and failed with Councilmember Elliott and Councilmember Peirce voting no. (2-2) C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS City Attorney Robert Schultz reviewed the progress report on the Duke Energy Power Plant Project for public information. This was an informational item, and no action was taken 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 24, 2002 D. NEW BUSINESS D-1 RESOLUTION NO. 35-02 ESTABLISHING APPROPRIATION LIMIT CALCULATION FOR FISCAL YEAR 2002/03; (FINANCE) Finance Director Jim Koser stated Proposition 4, commonly known as the Gann Initiative, was approved by the California electorate in November 1979. 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 charges in inflation. 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. In June 1990, the California voters approved Proposition I I I that allows for new adjustment formulas for the required calculation that are more responsive to local growth issues. The proposition also now requires an annual review of the limit calculations by a qualified independent auditor in conjunction with the annual financial audit. Mr. Koser recommended the City Council adopt Resolution No. 35-02 approving the Fiscal Year ® 2002-2003 Appropriation Limits. MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 35-02 approving the Fiscal Year 2002-2003 Appropriation Limits. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) F. ADJOURNMENT The meeting adjourned at 8:25 p.m. Recorded by: Bridgett Bauer City Clerk C1 n 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 — JUNE 10, 2002 CLOSED SESSION — JUNE 10, 2002 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 the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. CS-2 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES. Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Manager. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. El PUBLIC SESSION — JUNE 10, 2002 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 28, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 AWARD OF CONTRACT FOR STREET OVERLAY PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Award the project contract to Union Asphalt, Inc. in the amount of $199,121.30. El iA A-3 AWARD OF DESIGN CONTRACT FOR RIUDAT IMPROVEMENTS — PHASE 1; ® (PUBLIC SERVICES) RECOMMENDATION: Award the design contract to EDA — Design Professionals, in the fixed fee amount of $30,000. A4 AWARD OF CONTRACT FOR POLICE DEPARTMENT EXPANSION PROJECT; (POLICE) RECOMMENDATION: The bid for this project will be held on Friday, June 7th, and a staff report will be presented that afternoon with a recommendation for an award of this contract. A-5 APPROVAL OF CONTRACT FOR GIS SERVICES WITH NOBEL SYSTEMS; (PUBLIC SERVICES) RECOMMENDATION: Approve the contract with Nobel Systems to provide a Geographic Information System Service. A-6 STATUS OF COUNCIL REFERRAL ITEMS; (ADMINISTRATION) RECOMMENDATION: Receive for information. ® B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-I ORDINANCE NO. 490 APPROVING AMENDMENTS TO MORRO BAY MUNICIPAL CODE SECTION 12.08 "CITY TREE REGULATIONS", AND APPROVAL OF THE REVISED MASTER TREE LIST — FIRST READING/INTRODUCTION; (PUBLIC SERVICES) RECOMMENDATION: Approve first reading and introduction of Ordinance No. 490. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS RECOMMENDATION: Receive for information. 3 C-2 RESOLUTION NO. 34-02 OBLIGATING FUNDS FOR WATER PROJECTS TO ® MITIGATE IMPACTS OF GROUNDWATER CONTAMINATION PURSUANT TO STIPULATED AGREEMENT BETWEEN CITY OF MORRO BAY AND EQUILON/EQUNA; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 34-02. C-3 ORDINANCE NO. 489 AMENDING MORRO BAY MUNICIPAL CODE SECTION 2.20.010 REGARDING ADOPTION OF INCREASING COUNCIL COMPENSATION — SECOND READING/ADOPTION; (CITY ATTORNEY) RECOMMENDATION: Approve second reading and adoption of Ordinance No. 489. 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. 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. rd ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION —DUNE 10, 2002 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 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. ® CS-1 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. CS-2 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES. Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Manager. 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 carved. (5-0) The meeting adjourned at 5:50 p.m. u 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 10, 2002 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 JeffJones Jim Koser Joe Loven Andrea Lueker Bill Omdorff Al Sengstock ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS City Manager City Attorney City Clerk Harbor Director Capital Projects Manager Fire Chief Finance Director Police Chief Recreation & Parks Director Interim Public Services Director Code Enforcement Officer CLOSED SESSION REPORT — City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action under the Brown Act was taken. PUBLIC COMMENT Pam Soderback addressed Item C-3 (Ordinance No. 489 Amending Morro Bay Municipal Code Section 2.20.010 regarding Adoption of Increasing Council Compensation), and stated the proposed Council compensation and elimination of a cap on insurance benefits will provide the Mono Bay City Council a higher compensation and benefit package than cities that have three times the population than Mono Bay. She recommended the City Council approve the $200 increase in compensation, but remove insurance benefits completely. 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 10, 2002 David Nelson stated the proposed Council compensation package is lavish for the work Council does. He said Duke Energy is building a power plant in Avenal that is half the size of the proposed Morro Bay power plant, and will create half the pollution and there will be no water use involved. Mr. Nelson addressed the amount of money that has been spent on attorneys in the Duke Energy hearings, and said the City should not he paying for Duke Energy's legal fees. Mr. Nelson stated the proposed plant will create more pollution in the city and it is killing the estuary, and to trade this off for habitat enhancement is a farce. Dannie Rodgers -Tope expressed her support for the proposed increase in Council compensation. Betty Winholtz, addressed Item C-2 (Resolution No. 34-02 Obligating Funds for Water Projects to Mitigate Impacts of Groundwater Contamination Pursuant to Stipulated Agreement between City of Mono Bay and Equilon/Equiva), and mentioned that conservation has not been considered. She asked for clarification on the use of well water and also on financial issues. Ms. Winholtz stated she is not in favor of the proposed 60% increase in Council compensation. ® Mayor Anderson closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peirce requested to agendize the discussion on the speed limit on Quintana Road; Councilmember Elliott concurred. 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 MAY 28. 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 AWARD OF CONTRACT FOR STREET OVERLAY PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Award the project contract to Union Asphalt, Inc. in the amount of $199,121.30. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 10, 2002 A-3 AWARD OF DESIGN CONTRACT FOR R/UDAT IMPROVEMENTS — PHASE l; (PUBLIC SERVICES) RECOMMENDATION: Award the design contract to EDA — Design Professionals, in the fixed fee amount of $30,000. A-4 AWARD OF CONTRACT FOR POLICE DEPARTMENT EXPANSION PROJECT; (POLICE) RECOMMENDATION: • The bid for this project will be held on Friday, June 7th, and a staff report will be presented that afternoon with a recommendation for an award of this contract. A-5 APPROVAL OF CONTRACT FOR GIS SERVICES WITH NOBEL SYSTEMS;_ (PUBLIC SERVICES) RECOMMENDATION: Approve the contract with Nobel Systems to provide a Geographic Information System Service. ® A-6 STATUS OF COUNCIL REFERRAL ITEMS; (ADMINISTRATION) u RECOMMENDATION: Receive for information. Councilmember Crotzer pulled Items A -I and A-3 from the Consent Calendar: and Councilmember Peters pulled Items A4 and A-6. MOTION: Councilmember Peirce moved the City Council approve Items A-2 and A-5 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 MAY 28, 2002; (ADMINISTRATION) Councilmember Crotzer and Councilmember Peters addressed corrections to the minutes of May 28. 2002; City Clerk Bridgett Bauer noted the corrections. MOTION: Councilmember Crotzer moved the City Council approve Item A -I of the Consent Calendar as amended. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 10, 2002 A-3 AWARD OF DESIGN CONTRACT FOR R/UDAT IMPROVEMENTS — PHASE 1; (PUBLIC SERVICES) Councilmember Crotzer addressed the allocations Council approved for the Downtown Enhancement Program, and the expenditures for a consultant on the design of the improvements. He expressed concern that due to the amount of money that will be spent on a design contract may jeopardize the funding for the proposed community paths. Councilmember Peirce stated his concern is that the City will have to find more money on the improvements Council approved for the Downtown Enhancement Program. Councilmember Elliott stated volunteers and personnel should be used in place of hiring a consultant. Interim Public Services Director Bill Omdorff explained that the approved improvements for the Downtown Enhancement Program will require substantial topographic surveying, and will require plans that can be used for this program. Councilmember Peters stated it is frustrating to want to make a contribution to the ® community, and it costs more to figure out how to achieve the improvements rather than obtaining the benefits of the improvements. Councilmember Crotzer stated the concept of building community paths in Morro Bay was formed by the priority setting process that included the community's input. He said the intent is to build the community paths on a reduced design standard. Councilmember Elliott requested a list of improvements to consider that will be covered by the $250,000 allocated by Council. Mayor Anderson stated there are improvements that are necessary, and he expressed his support for the award of a design contract so future Councils will have something to work with. 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) A4 AWARD OF CONTRACT FOR POLICE DEPARTMENT EXPANSION PROJECT; (POLICE) Councilmember Peters reviewed this information for public information. is 5 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 10, 2002 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. (5-0) A-6 STATUS OF COUNCIL REFERRAL ITEMS; (ADMINISTRATION) Councilmember Peters reviewed this information for public information. MOTION: Councilmember Peters 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 ORDINANCE NO. 490 APPROVING AMENDMENTS TO MORRO BAY MUNICIPAL CODE SECTION 12.08 "CITY TREE REGULATIONS". AND APPROVAL OF THE REVISED MASTER TREE LIST — FIRST READING/INTRODUCTION; (PUBLIC SERVICES) ® Interim Public Services Director Bill Omdorff reported the City Council held a public hearing on March 11, 2002, and after discussion Council requested that staff initiate appropriate amendments to address inconsistencies to Chapter 12.08 of the Morro Bay Municipal Code relating to City tree regulations. The City Council felt that it was a major inconsistency in that one section states "no tree shall be removed" and the next section states that an aggrieved party with a petition signed by neighbors can petition the Planning Commission to remove a sound, healthy tree. The City Council further determined that trees are very important to the City of Morro Bay and that there should be extenuating circumstances to allow a city tree within the public right-of-way to be removed. Mr. Omdorff stated the proposed amendments provide that an "appellant shall submit a report prepared by a Certified Arborist or Landscape Architect describing the condition of the tree(s) and the reason(s) for the removal of the tree(s) from the public right-of-way'. Further proposed amendments also include a provision that would require the property owners within 300 feet be notified of the public hearing vs. the present code that requires a petition signed by a majority of the property owners on the street where such tree is located in favor of the removal. The Planning Commission and Public Works Advisory Board recommended the City Council approve the proposed City Tree Regulations Ordinance and the revised Master Tree List. Mr. Omdorff recommended the City Council approve the first reading and introduction of Ordinance No. 490 approving amendments to the City Tree Regulations (Chapter 12.08 of the Morro Bay Municipal Code) and approve the revised Master Tree List. 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 10, 2002 Mayor Anderson opened the hearing for public comment. Betty Winholtz referred to Section 12.08.070, and asked what is considered a hazard or impediment. She also requested Council's consideration of the removal of trees during any nesting season. Pam Soderback stated the Civic Center structure should be designed with as many trees and green areas as possible. Mayor Anderson closed the public comment hearing. Councilmember Peters stated it would be important as a Bird Sanctuary to include language in the Ordinance that there will be no tree trimming during the nesting season. Councilmember Crotzer stated there should be language in the Ordinance that states no tree shall be cut or trimmed during the nesting season of any predatory raptor bird. Councilmember Peirce stated he is concerned about adding language to the Ordinance that would preclude from eliminating a tree that may be hazardous. ® Councilmember Elliott stated it is short sighted to assume City staff does not know the direction of both the Council and the citizens of Morro Bay. MOTION: Councilmember Elliott moved the City Council approve the first reading and introduction of Ordinance No. 490 approving amendments to the City Tree Regulations (Chapter 12.08 of the Morro Bay Municipal Code) and approve the revised Master Tree List. The motion was seconded by Councilmember Peirce. Councilmember Crotzer stated if two trees would be replaced anywhere in the City for one removed from public property, there would be a wealth of trees in the City. Councilmember Peters stated the protection of nesting birds should be addressed in the Ordinance. Councilmember Elliott called the question. Councilmember Crotzer requested there be a vote to cut off discussion on this subject. Mayor Anderson called for a break at 7:45 p.m.; the meeting resumed at 7:57 p.m. E h ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 10, 2002 Councilmember Crotzer stated the Ordinance should include the language that says no tree shall be cut during the nesting of any predatory bird. Councilmember Elliott stated he would not amend his previous motion. VOTE: The motion failed with Mayor Anderson, Councilmember Crotzer, and Councilmember Peters voting no. (2-3) MOTION: Councilmember Crotzer moved the City Council adopt the proposed amendments to the City Tree Regulation Ordinance including a statement appropriately placed that no tree shall be cut or trimmed during the nesting of any predatory bird; and, where ever it pertains to public trees, removal shall be appropriately mitigated on not less than two to one tree replacement. The motion was seconded by Councilmember Peters and carved with Councilmember Elliott and Councilmember Peirce voting no. (3-2) C. UNFINISHED BUSINESS ® C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS City Attorney Robert Schultz reviewed the progress report on the Duke Energy Power Plant Project for public information. This was an informational item, and no action was taken. C-2 RESOLUTION NO. 34-02 OBLIGATING FUNDS FOR WATER PROJECTS TO MITIGATE IMPACTS OF GROUNDWATER CONTAMINATION PURSUANT TO STIPULATED AGREEMENT BETWEEN CITY OF MORRO BAY AND EQUILON/EQUIVA; (PUBLIC SERVICES) Capital Projects Manager Bill Boucher reported during the State Water Project maintenance shutdown scheduled for this November, the City will receive no water from the Central Coast Water Authority. In previous years, the City continued to receive all or virtually all supplies from State Water despite the shutdowns; however, that is not the case this year. Mr. Boucher stated the City would need to rely strictly upon the three remaining sources of water. With the lack of rain, the likelihood of the Chorro Wells might be slim. The Morro Wells will be needed as a primary source but cannot produce ® enough to be the sole source. The remaining community resource option identified in the E: ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 10, 2002 Water Management Plan is the Desalination Plant. The City has received the final analysis for use of the Desalination Plant that recommends installation of a conventional pressure sand iron removal system. The Public Works Advisory Board recommended the City Council adopt the staff proposal with the provision that a stainless steel material option be selected. Mr. Boucher recommended the City Council find the water emergency will not allow the time needed for competitive bidding of an iron removal system for the existing Desalination Facility and to adopt Resolution No. 34-02 approving the obligation of the remaining $600,000 of settlement funds from the Equilon/Equiva Stipulated Resolution. MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 34-02 approving the obligation of the remaining $600,000 of settlement funds from the Equilon/Equiva Stipulated Resolution. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) C-3 ORDINANCE NO. 489 AMENDING MORRO BAY MUNICIPAL CODE SECTION 2.20.010 REGARDING ADOPTION OF INCREASING COUNCIL COMPENSATION — SECOND READING/ADOPTION; (CITY ATTORNEY) ® City Manager Robert Hendrix stated at their May 28, 2002 meeting, the City Council approved the first reading and introduction of Ordinance No. 489 amending Morro Bay Municipal Code Section 2.20.010 regarding an increase in the amount of Council compensation. He said it is now before Council for final adoption. Councilmember Peters stated she would be down grading her insurance coverage if re- elected. She said she is assured that anyone elected to this Council would not exceed the insurance costs. Councilmember Peirce stated his insurance costs are at the minimum coverage. He said he is in support of this Ordinance. Councilmember Crotzer stated he would like to eliminate health insurance coverage for Council Members. Mayor Anderson expressed his support for this Ordinance. MOTION: Councilmember Peirce moved the City Council approve the second reading and adoption of Ordinance No. 489 amending Morro Bay Municipal Code Section 2.20.010 regarding adoption of increasing Council compensation. The motion was seconded by Councilmember is Elliott and carried with Councilmember Crotzer voting no. (4-1) W �J E E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 10, 2002 D. NEW BUSINESS —NONE. F. ADJOURNMENT The meeting adjourned at 8:40 p.m. Recorded by: el`ky Bridgett Bauer 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 MEETING — MAY 28, 2002 CLOSED SESSION - MAY 28, 2002 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 Discussion regarding litigation as to one (1) matter: • In the matter of Duke Energy Power Plant Project. ® 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 one (I) parcel: • Property: Water Outfall Line Easement. Negotiating Parties: Duke Energy and the City of Morro Bay. Negotiations: Renegotiation and extension of terms and conditions of lease agreement. CS-3 GOVERNMENT CODE SECTION 54957.6: CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. CS-4 GOVERNMENT CODE SECTION 54957: PERSONNEL ISSUES. Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Manager. ADDED: C-] CS-5 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 one (1) parcel: Pro 234 Atascadero Road Property Owner: Rodney Miles and/or Trustee Discussion: Sale of Property at Auction. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. 1 E PUBLIC SESSION - MAY 28, 2002 ® 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 13, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT — APRIL 2002; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT — APRIL 2002; (FINANCE) 0 RECOMMENDATION: Approve as submitted. ® A4 AWARD OF CONTRACT FOR STREET SLURRY SEAL PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Award the project contract to Intermountain Slurry Seal, Inc. in the amount of $158,111.00. A-5 AWARD OF CONTRACT FOR PUBLIC SERVICES MODULAR BUILDING; (RECREATION & PARKS) RECOMMENDATION: The bid for this project will be held on Thursday, May 23`d, and a staff report will be presented on Friday, May 24`h with a recommendation for an award of this contract. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-I RESOLUTION NO. 33-02 APPROVING THE ENGINEER'S REPORT AND DECLARING THE INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 33-02. ® B-2 RESOLUTION NO. 32-02 APPROVING THE ENGINEER'S REPORT AND DECLARING THE INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE NORTH POINT LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 32-02. B-3 ORDINANCE NO. 489 AMENDING MORRO BAY MUNICIPAL CODE SECTION 2.20.010 REGARDING ADOPTION OF INCREASING COUNCIL COMPENSATION - FIRST READING/INTRODUCTION;(CITY ATTORNEY) RECOMMENDATION: Approve Ordinance No. 489 for first reading and introduction. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS RECOMMENDATION: Receive for information. r 3 C-2 REVIEW OF THE HARBOR LEASE MANAGEMENT POLICY AND NEW ® MASTER LEASE FORMAT; (HARBOR) RECOMMENDATION: Review the Harbor Lease Management Policy adopted on 10-22-01, and adopt Resolution No. 31-02 revising the Consumer Price Index adjustment, Leasehold Mortgages and Insurance requirements sections of the City's Master Lease format. D. NEW BUSINESS D-I REVIEW ON UPDATE OF CHAPTER 12.08 OF THE MORRO BAY MUNICIPAL CODE — CITY TREE REGULATIONS AND MASTER TREE LIST; (PUBLIC SERVICES) RECOMMENDATION: Approve proposed amendments to Title 12.08 of the Morro Bay Municipal Code — City Tree Regulations. D-2 RESOLUTION NO. 30-02 APPROVING A BLANKET ENCROACHMENT PERMIT AND MASTER USE PERMIT FOR THE DOWNTOWN BUSINESS ENHANCEMENT PROGRAM; (POLICE) RECOMMENDATION: Adopt Resolution No. 30-02 continuing the previously approved Blanket Encroachment Permit and Master Use Permit for the ® Downtown area. D-3 DISCUSSION ON AN ORDINANCE REQUIRING A HELMET TO RIDE SKATEBOARDS AND OTHER WHEELED TRANSPORTATION ON PUBLIC STREETS; (POLICE) 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. 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. 0 MINUTES - MORRO BAY CITY COUNCIL ® CLOSED SESSION — MAY 28, 2002 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 City Manager City Attorney 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 54956.9; CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. Discussion regarding litigation as to one (1) matter: • In the matter of Duke Energy Power Plant Project. CS-2 CS-3 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 one (1) parcel: • ProWgy: Water Outfall Line Easement. Negotiating Parties: Duke Energy and the City of Morro Bay. Negotiations: Renegotiation and extension of terms and conditions of lease agreement. NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. CS4 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES. Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Manager. ® CS-5 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 one (1) parcel: Pro e : 234 Atascadero Road ProMrty Owner: Rodney Miles and/or Trustee Discussion: Sale of Property at Auction. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 6:00 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 6:00 p.m. u ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 28, 2002 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:05 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 Jim Koser Finance Director Joe Loven Police Chief Andrea Lueker Recreation & Parks Director Bill Omdorff Acting Public Services 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 under the Brown Act was taken. PUBLIC COMMENT Don Shalenberger, Principal of Del Mar Elementary School, addressed traffic concerns related to the consolidation of elementary schools in Morro Bay. Betty Forsythe, Friends of the Library, announced the "Love Your Library — Love Your Garden" event on June 1 from 2-5 at the Morro Bay Library to assist in the funding for expansion of the library. Ken Vesterfelt shared a letter of thanks for the Car Show event. He also addressed the proposed roundabout stating the correct facts need to be reviewed before making comments. 3 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - MAY 283 2002 David Nelson addressed the roundabout stating it will probably work. He also addressed a statement made at the previous Council meeting about the estuary, and said Council should take responsibility for the effects of the estuary caused by the power plant cooling. John Dalbert addressed the roundabout and gave an example of what would happen if a tractor -trailer is making the circle. He said funding should be used on something other than a lark. Mayor Anderson closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Crotzer requested to agendize the status of Council requests on a monthly basis. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are ® approved without discussion. 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 13, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT — APRIL 2002; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT — APRIL 2002; (FINANCE) RECOMMENDATION: Approve as submitted. u MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - MAY 28, 2002 A-4 AWARD OF CONTRACT FOR STREET SLURRY SEAL PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Award the project contract to Intermountain Slurry Seal, Inc. in the amount of $158,111.00. A-5 AWARD OF CONTRACT FOR PUBLIC SERVICES MODULAR BUILDING; (RECREATION & PARKS) RECOMMENDATION: The bid for this project will be held on Thursday, May 23', and a staff report will be presented on Friday, May 24`° with a recommendation for an award of this contract. Councilmember Crotzer pulled Item A-1 from the Consent Calendar; Councilmember Peirce pulled Item A4. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exceptions of Items A-1 and A-4. The motion was ® seconded by Councilmember Peters and carried unanimously. (5-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF MAY 13, 2002; (ADMINISTRATION) Councilmember Crotzer made a correction to his Future Agenda request on page 4 stating his request was relating to an ordinance requiring a helmet to ride scooters. MOTION: Councilmember Crotzer moved the City Council approve Item A-1 as amended. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A4 AWARD OF CONTRACT FOR STREET SLURRY SEAL PROJECT; (PUBLIC SERVICES) Councilmember Peirce asked when Beach Street is scheduled for re -paving. Acting Public Services Director Bill Omdorff reviewed the schedule for paving for Council and public information. MOTION: Councilmember Peirce moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) E ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 28, 2002 B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 RESOLUTION NO. 33-02 APPROVING THE ENGINEER'S REPORT AND DECLARING THE INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) Parks & Recreation Leader Andrea Lueker stated as part of the annual assessment process, staff is required to provide an Engineers Report, which is an estimate of costs for maintenance of the Cloisters Park and Open Space. The cost estimates are based on the maintenance standards currently adhered to in the existing parks within Morro Bay and included in the Flat Rate Manual for Parks Maintenance, as well as maintenance costs incurred to date. The estimate for the maintenance of the Cloisters Park and Open Space is $148,944 or $1,241.20 per parcel for fiscal year 2002/03. Ms. Lueker stated on April 22, 2002, the City Council adopted Resolution No. 27-02 that initiated the proceedings to levy the annual assessment to fund the maintenance of the Cloisters Park and Open Space. She recommended the City Council adopt Resolution No. 33-02 declaring the intent to levy the ® annual assessment for the maintenance of the Cloisters Park and Open Space and approving the Engineers Report. Mayor Anderson opened the hearing for public comment; there were no comments and Mayor Anderson closed the public comment hearing. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 33-02 declaring the intent to levy the annual assessment for the maintenance of the Cloisters Park and Open Space and approving the Engineers Report. The motion was seconded by Councilmember Peirce and carried with Councilmember Elliott voting no. (4-1) B-2 RESOLUTION NO. 32-02 APPROVING THE ENGINEER'S REPORT AND DECLARING THE INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE NORTH POINT LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) Parks & Recreation Leader Andrea Lueker stated as part of the annual assessment process, staff is required to provide an Engineers Report, which is an estimate of costs for maintenance of the North Point Natural Area. The cost estimates are based on the maintenance standards currently adhered to in the existing parks within Morro Bay and included in the Flat Rate Manual for Parks Maintenance, as well as maintenance costs ® incurred to date. The estimate for the maintenance of the North Point Natural Area is 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 28. 2002 Councilmember Crotzer stated the Morro Bay City Council is the second highest paid Council in the County. He expressed his opposition to this request stating he believes this should be maintained as public service. Councilmember Elliott stated the amount of increase is not a huge request, and he can vote either way on this issue. Councilmember Peters stated the Council Compensation Committee reviewed the present salary and recommended the full increase. She said serving on the City Council takes a lot of time to do the job properly, and sometimes takes away from one's livelihood. Councilmember Peters suggested an increase to $525 for Mayor and $400 for Council. Councilmember Peirce stated this is a full service City, and he supports an increase. MOTION: Mayor Anderson moved the City Council approve the first reading and introduction of Ordinance No. 489 by number and title only. The motion was seconded by Councilmember Peirce and carried with Councilmember Crotzer voting no. (4-1) ® City Manager Robert Hendrix read Ordinance No. 489 by number and title only. Mayor Anderson called for a break at 7:37 p.m.; the meeting resumed at 7:50 p.m C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS City Attorney Robert Schultz reviewed the progress report on the Duke Energy Power Plant Project for public information. Mayor Anderson requested Council support in writing a letter to the Regional Water Quality Control Board (RWQCB) in support of upstream mitigation in place of dry cooling. Councilmember Crotzer stated siltation in the bay clearly has been seen by the National Estuary Program as the main problem of the bay in shortening its lifespan whether or not there is a power plant project. 9 -77 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - MAY 28, 2002 $5,645, or $564.50 per parcel for fiscal year 2002/03. Ms. Lueker stated on April 22, 2002, the City Council adopted Resolution No. 28-02 that initiated the proceedings to levy the annual assessment to fund the maintenance of the North Point Natural Area. She recommended the City Council adopt Resolution No. 32-02 declaring the intent to levy the annual assessment for the maintenance of the North Point Natural Area and approving the Engineers Report. Mayor Anderson opened the hearing for public comment; there were no comments and Mayor Anderson closed the public comment hearing. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 32-02 declaring the intent to levy the annual assessment for the maintenance of the North Point Natural Area and approving the Engineers Report. The motion was seconded by Mayor Anderson and carried with Councilmember Elliott voting no. (4-1) B-3 ORDINANCE NO. 489 AMENDING MORRO BAY MUNICIPAL CODE SECTION 2.20.010 REGARDING ADOPTION OF INCREASING COUNCIL ® COMPENSATION - FIRST READINGANTRODUCTION;(CITY ATTORNEY) City Attorney Robert Schultz stated based on Mayor Anderson's request for reconsideration, staff has drafted Ordinance No. 489 amending Section 2.20.010 to reflect an increase in Council salary. The amendment to Section 2.20.010 will increase the Council salary from $300 to $500 per month, and will increase the Mayor's salary to $700 per month. Mr. Schultz stated the $200 per month increase in salary will cost the City an additional $1,000.00 per month, and the total monthly amount expended for Council salaries will be $2,700.00 per month. He recommended the City Council approve the fast reading and introduction of Ordinance No. 489 by number and title only. 11 Councilmember Crotzer called a point of order referring to the meeting of April 22, 2002, wherein Council's action was to maintain Council's salary and benefits as they presently are. Mr. Schultz responded that the Mayor had requested to revisit this issue by bringing forward an ordinance increasing Council's salaries at the May 13, 2002 Council meeting; and there was a quorum supporting his request. Mayor Anderson opened the hearing for public comment; there were no comments and Mayor Anderson closed the public comment hearing. 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 28, 2002 Mayor Anderson stated if preservation and the health of the estuary is the goal, then supporting the RWQCB position that mitigation payments for upstream projects will do more good than the dry -cooling. Councilmember Peters stated the nexus is that if the RWQCB says mitigation is the answer to the affect the power plant will have, then that is where the correction of siltation will come by using the money Duke Energy has paid for mitigation to improve the siltation situation. Councilmember Peirce stated assuming it is found the power plant is the cause for damage to the estuary, there is a larger source of water causing siltation, and as a mitigation measure, resources are brought in by Duke Energy to do more good to offset the damage. Councilmember Crotzer expressed concern that the Council chose to not discuss air or water quality issues, and stated he is opposed to sending a letter to the RWQCB stating we concur with Duke Energy against dry -cooling. He said the main motivation is monetary and not environmental, and this direction is not in the best interest of the Morro Bay ® Estuary. Ll Councilmember Elliott stated he is opposed to the dry -cooling towers. He said if the power plant needs to be built with dry -cooling, then it needs to be built somewhere else. Councilmember Elliott stated he believes the people in Morro Bay do not want dry -cooling towers, and regardless of what CEC staff says, they do not live here. He said there will be noise and visual impacts with dry -cooling towers. MOTION: Councilmember Peirce moved the City Council authorize the City Attorney and Mayor to attend the Regional Water Quality Control District meeting to voice the City's position on dry -cooling. The motion was seconded by Councilmember Elliott and carried with Councilmember Crotzer voting no. (4-1) C-2 REVIEW OF THE HARBOR LEASE MANAGEMENT POLICY AND NEW MASTER LEASE FORMAT; (HARBOR) Harbor Director Rick Algert stated on October 22, 2001, the City Council approved a Harbor Lease Management Policy that was a culmination of Harbor Advisory Board and Planning Commission hearings and staff work through all of 2001. The City Council directed that the adopted policy be brought back to City Council for review in six months to provide an opportunity for revisions if problems or concerns surfaced in implementation. E MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - MAY 28, 2002 In addition, the City Council adopted an updated Master Lease format for Harbor leases. Mr. Algert stated it is staffs perception that the adopted policy has provided good general guidance for the City and the public in Harbor lease management over the past six months and no changes are proposed in the adopted policy at this time. However, some issues have arisen in the adopted Master Lease format. He stated staff recommends the City Council adopt Resolution No. 31-02 revising the Consumer Price Index adjustment, Leasehold Mortgages and Insurance requirement sections of the City's Master Lease format. Mayor Anderson stepped down due to a conflict of interest. MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 31-02 revising the Consumer Price Index adjustment, Leasehold Mortgages and Insurance requirement sections of the City's Master Lease format. The motion was seconded by Councilmember Peters and carried with Mayor Anderson abstaining. (4-0-1) D. NEW BUSINESS ® D-1 REVIEW ON UPDATE OF CHAPTER 12.08 OF THE MORRO BAY MUNICIPAL CODE — CITY TREE REGULATIONS AND MASTER TREE LIST; (PUBLIC SERVICES) E Public Services Director Bill Omdorff stated the City Council held a public hearing on March 11, 2002 on an appeal of a Planning Commission approval to allow the owners of the Blue Sail Inn on Market Street to remove four city street trees from the public right-of-way. The City Council upheld the appeal, therefore denying the request to remove the public trees and referred the subject issue to the Public Works Advisory Board and Planning Commission to review amendments to update the City Tree Regulations. Subsequent to Council action, Public Works Advisory Board reviewed the proposed amendments to the Street Tree Regulations on April 23, 2002, and the Planning Commission reviewed the subject amendments on May 6, 2002. Mr. Omdorff recommended the City Council approve the proposed amendments to the Morro Bay Municipal Code, Title 12.08 relating to the City Tree Regulations and the Master Tree List, and direct staff to prepare an ordinance for introduction at the June l0a' City Council meeting. Council discussed the issue of replacement trees, and City Attorney Robert Schultz recommended placing a condition on projects that states replacement trees have to reach maturity within 3-5 years. 10 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - MAY 28, 2002 MOTION: Councilmember Elliott moved the City Council approve proposed amendments to Title 12.08 of the Morro Bay Municipal Code — City Tree Regulations. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) D-2 RESOLUTION NO. 30-02 APPROVING A BLANKET ENCROACHMENT PERMIT AND MASTER USE PERMIT FOR THE DOWNTOWN BUSINESS ENHANCEMENT PROGRAM; (POLICE) Police Chief Joe Loven stated in 1997, the City Council undertook several measures to enhance the downtown business district. Some of those measures included designating a specified area as "Old Town" and conducting a series of workshops with the Regional Urban Design Assistance Team (RUDAT) that recommended the placement of planters, benches, tables/chairs and bike racks on public property. The RUDAT also recommended, and Council supported, encouraging the local business owners to take their own measures to enhance the "Old Town" business district to stimulate business and the use of the downtown area. Chief Loven stated the Council ultimately passed Resolution No. 76-98 which allowed for the establishment of a Blanket Encroachment Permit and Master Use Permit for downtown ® business enhancement. This permit simplified the process for merchants to utilize the public right-of-way, reduced the application fee to reasonable levels and also set guidelines, which were reviewed and adopted by the Planning Commission, on what items would be permitted on public property. Chief Loven noted Resolution No. 76-98 originally carried a "sunset clause" that automatically voided the resolution on December 31, 1998. The "sunset clause" appears to have been included for purposes of allowing a time frame for merchants to comply with the new guidelines/permit procedures and also to allow time for the City to amend the zoning and sign ordinances in the Municipal Code. It appears that these amendments were never completed and Resolution No 30-02 allows the Council to review and/or modify the original guidelines that they adopted and continue the authorization of the Blanket Encroachment Permit without a sunset clause. This new resolution will remain in effect until the actual amendments to the Municipal Code are adopted by the Council. Chief Loven recommended the Council review the original guidelines that were adopted by the Planning Commission and the Council under Resolution No. 76-98, which expired on December 31, 1998, amend the guidelines as appropriate, and adopt Resolution No. 30-02 which would continue the previously approved Blanket Encroachment Permit and Master Use Permit until such time as permanent amendments can be made to the affected zoning and sign ordinances of the Municipal Code. E Councilmember Elliott suggested this item be delayed until the Chamber of Commerce and Merchants Association perform a survey on what the merchants would like in the downtown area. 11 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - MAY 28, 2002 Councilmember Cromer stated it is important to make the law clear so that the Code Enforcement Officer can apply it to the Old Town area. He said it is important to maintain 48 inches of clear sidewalk to allow for transportation purposes. Councilmember Crotzer stated there should a sunset clause on A -frame signs that merchants will abide by. Councilmember Elliott stated the original intent was to install bollards to make directions clear instead of place A -frame signs on the sidewalks. He said the issue is for the rules to be clear in order for the merchants to abide by, and also for enforcement purposes. Councilmember Peirce stated the original issue was the enforcement of merchandise on the sidewalks. He said it could be that some merchants did not know that permits were necessary to place planters and benches in front of their businesses. Councilmember Peirce stated he agrees that he would like to receive input from the merchants. Councilmember Peters stated the language for allowing tables in front of a business that has food service should state "service as a regular use" instead of a primary use because there are businesses that offer other services than food service. She agrees that the Chamber of Commerce and Merchants Association should be involved to allow for input from the ® downtown merchants. Mayor Anderson stated it is important to know if the merchants want to continue with this program. He said merchandise for sale on the sidewalks should not be allowed. E Councilmember Crotzer expressed support for approving Resolution No. 30-02 with the inclusion of A -frame signs. Councilmember Elliott stated the A -frame signs were to be dealt with along with the sign ordinance. He said "Exhibit A" attached to Resolution No. 30-02 states clearly the intent of the City. Councilmember Crotzer suggested adding a "no smoking" clause under the general use criteria for the use of outdoor tables. Code Enforcement Officer Al Sengstock stated the regulations set need to be enforceable and you will need the man -power and staff to enforce these laws. Although Council thought Councilmember Cromer's suggestion was a good one, it was noted this would be too difficult to enforce. 12 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - MAY 28, 2002 MOTION: Councilmember Peters moved the City Council adopt Resolution No. 30-02 approving a Blanket Encroachment Permit and Master Use Permit for the Downtown Business Enhancement Program as amended. The motion was seconded by Councilmember Peirce. Councilmember Crotzer expressed his opposition to the motion because it is giving away free space for private monetary gain for serving food in the public right-of-way. He said he would lend his support if Council approved that these outdoor tables had a sign stating smoking was not allowed. VOTE: The motion carried with Councilmember Crotzer voting no. (4-1) D-3 DISCUSSION ON AN ORDINANCE REQUIRING A HELMET TO RIDE SKATEBOARDS AND OTHER WHEELED TRANSPORTATION ON PUBLIC STREETS; (POLICE) Councilmember Crotzer requested this item as a Future Agenda Item at the May 13, 2002 City Council meeting. Councilmember Crotzer stated his intent to bring this issue forward was to require helmets while riding scooters. He said the City's responsibility is for the safety of the ® children in Morro Bay. Police Chief Joe Loven stated State law would supersede any City law. He recommended writing a letter of support to the legislators endorsing this law. Councilmember Peters stated scooters and skateboards are used by some children as a form of transportation to school, and some cannot afford helmets. She said she hopes there will be a program that provides helmets to children from low-income families. Councilmember Elliott stated this law is usurping parental authority, and he is adamantly opposed to this law. MOTION: Councilmember Crotzer moved the City Council direct staff to draft a letter for the Mayor's signature in support of SB 1924 to Senator O'Connell and Assemblyman Maldonado. The motion was seconded by Councilmember Peirce and carried with Councilmember Elliott voting no. (4-1) F. ADJOURNMENT - The meeting adjourned at 10:03 p.m. Recorded by Bridgett auer ® City Clerk 13 NOTICE OF SPECIAL CITY COUNCIL MEETING BUDGET STUDY SESSIONS NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding Special Meetings on Thursday, May 23, 2002 at 6:00 mm. and Thursday, May 30, 2002 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 budget for ® Fiscal Year 2002/2003. DATED: May 21, 2002 Bridgett Ba r, City Clerk l ® NOTICE OF SPECIAL CLOSED SESSION MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Closed Session Meeting on Thursday, May 23, 2002 at 5:00 a.m. to be held in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be considering the following issues: 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. • Pro 234 Atascadero Road ® Property Owner: Rodney Miles and/or Trustee Discussion: Sale of Property at Auction. Pro rt: Embarcadero Road/Pacific Street Negotiating Parties: Seibert Family Trust and the City of Morro Bay Negotiations: Possible Voluntary Purchase. CS-2 GOVERNMENT CODE SECTION 54957: PERSONNEL ISSUES. Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Manager. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. DATED: May 21, 2002 Bridgett :1 ® NOTLCE OF SPECIAL CLOSED SESSION MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Closed Session Meeting on Thursday, May 16, 2002 at 5:00 p.m. to be held in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. CS-1 CS-2 The City Council will be considering the following issues: 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. regarding litigation as to one (1) matter In the matter of Duke Energy Power Plant Project. Discussion IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. DATED: May 8, 2002 r ® City of Morro Bay City Council Agenda Ll Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement ojthe 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. CS-1 REGULAR MEETING — MAY 13, 2002 CLOSED SESSION — MAY 13, 2002 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA • Bonnie Applegate vs. City of Morro Bay, WCAB No. GRO 24013 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 one (1) parcel. • Proe : 950/960 Napa Avenue CS-3 GOVERNMENT CODE SECTION 54956.9; CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. Discussion regarding litigation as to one (1) matter • In the matter of Duke Energy Power Plant Project. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. ® PUBLIC SESSION — MAY 13, 2002 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 -I APPROVAL OF MINUTES FOR THE REGULAR MEETING OF APRIL 22, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 APPROVAL OF REVISIONS TO JOB DESCRIPTIONS FOR PUBLIC SERVICES WATER DIVISION EMPLOYEES; (ADMINISTRATION) RECOMMENDATION: Adopt revisions to the job descriptions for Public Services Maintenance Superintendent; and, Maintenance Leadworker, Maintenance Worker III, and Maintenance Worker II in the Water Division. 2 ® A-3 RESOLUTION NO. 29-02 AUTHORIZING FINAL NEGOTIATIONS FOR PURCHASE OF FINANCE SOFTWARE; (FINANCE) RECOMMENDATION: Adopt Resolution No. 29-02 authorizing the City Manager to negotiate and execute a software purchase with New World Systems. A4 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR BLENDING PIPELINE PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Accept the Project as completed by Specialty Construction, Inc. and authorize the filing of the Notice of Completion. A-5 RECOMMENDATION ON USAGE OF PROPOSITION 12-PER CAPITA FUNDS FOR KEISER EAST AND WEST FIELD FENCING; (RECREATION & PARKS) RECOMMENDATION: Allocate Proposition 12 Per Capita Funds for the replacement of fencing on Lila Keiser East and West softball fields. A-6 PROPOSAL TO AMEND PERS CONTRACT TO PROVIDE MILITARY SERVICE CREDIT BENEFIT FOR RETIREES; (ADMINISTRATION) RECOMMENDATION: Approve adding military service credit as a Public ® Employees' Retirement System benefit for retirees, and direct staff to begin the amendment process. A-7 PROCLAMATION DECLARING MAY 12-18, 2002 AS "NATIONAL POLICE MEMORIAL WEEK", AND MAY 15, 2002 AS "POLICE OFFICER MEMORIAL DAY"; (POLICE) RECOMMENDATION: Adopt Proclamation. A-8 PROCLAMATION DECLARING MAY 19-25, 2002 AS "NATIONAL PUBLIC WORKS WEEK'; (PUBLIC SERVICES) RECOMMENDATION: Adopt Proclamation. A-9 PROCLAMATION DECLARING MAY 17, 2002 AS "SPECIAL OLYMPICS DAY"; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS. REPORTS & APPEARANCES — NONE. u E ® C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS RECOMMENDATION: Receive for information. C-2 REVIEW OF COUNCIL POLICIES AND PROCEDURES AND DRAFT ADVISORY HANDBOOK; (CITY ATTORNEY) RECOMMENDATION: Review the adopted Council Policies and Procedures, and draft Advisory handbook. D. NEW BUSINESS D-I DISCUSSION OF WHETHER TO CONSIDER HOLDING A WORKSHOP ON THE "CIVIC CENTER DESIGN'; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. E. ADJOURNMENT is 11 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 — MAY 13, 2002 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m. 1.30" CLOSED SESSION Rodger Anderson Colby Cromer Dave Elliott William Peirce Janice Peters Robert Hendrix Robert Schultz Mayor Councilmember Councilmember Councilmember Councilmember City Manager City Attorney 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. ® CS-1 • Bonnie Applegate vs. City of Morro Bay, WCAB No. GRO 24013 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 one (1) parcel. • Property: 950/960 Napa Avenue CS-3 GOVERNMENT CODE SECTION 54956.9; CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. Discussion regarding litigation as to one (1) matter • In the matter of Duke Energy Power Plant Project. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:53 p.m. MOTION: Councilmember Peters moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) 0 The meeting adjourned at 5:53 p.m. M ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING —MAY 13, 2002 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 Ardith Davis Personnel Officer Jeff Jones Fire Chief Jim Koser Finance Director Joe Loven Police Chief is Andrea Lueker Recreation & Parks Director Bill Omdorff Acting Public Services Director E 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 Kim Kimball, Executive Director of the Chamber of Commerce, thanked those who assisted in making the Morro Bay Car Show a successful event. Mandy Davis read a passage from a book called The Wetlands, and she expressed the need to maintain the estuary as a peaceful place. She referred to the Duke Energy Power Plant and asked Council to consider the importance of dry cooling to save the estuary. 2 ® Roger Ewing addressed Item D-1 (Discussion of Whether to Consider Holding a Workshop on the Civic Center Design), and expressed support for this workshop. He also requested Council consider holding an additional public workshop on the proposed roundabout on Main Street and Highway 41. Mr. Ewing addressed Item A-3 (Resolution No. 29-02 Authorizing Final Negotiations for Purchase of Finance Software) and requested Council consider the cost of this endeavor. Betty Forsythe, Morro Bay Friends of the Library, invited the public to "Love your Library — Love your Garden" on June 1, 2002 from 2-5 p.m. at the Morro Bay Library. She reviewed the proposed expansion project for the library. Meredith Bates addressed Item C-2 (Review of Council Policies and Procedures and Draft Advisory Handbook), noting the Morro Bay Women's Caucus in their review of the advisory board handbook found it user-friendly. She suggested minor amendments such as making the format for all boards consistent, and add an extra page for the Planning Commission with categories and titles. Dannie Tope requested clarification on the memorandum sent to the Downtown Merchants regarding outdoor display items. Betty Winholtz addressed Item D-1 stating it is important to have a public hearing on the civic center project. ® Nancy Castle stated a workshop on the civic center is important to receive public comments. She referred to the history of sub -committees and the work they did on similar projects as the civic center. Pat Mullen, Duke Energy, stated from the start the proposed project supplies benefits to the community and environment. He said Duke Energy believes the modernization project cannot be done with dry -cooling because it will violate City noise ordinances, and create visual, cultural, air and land use impacts. Mr. Mullen stated dry -cooling is not feasible or economic for this project. He said Duke Energy finds the project as proposed, with a viable habitat enhancement program, is the best option and makes the most sense. Chris Broome stated people could easily adjust to the proposed roundabout. He also addressed Item A-3 asking that the criteria of the program be stated for public information. Mayor Anderson closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peirce requested to agendize discussion on the blanket encroachment permit for the Downtown Business District; Councilmember Crotzer concurred. l ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING —MAY 13, 2002 Councilmember Cromer requested to agendize discussion relating to an ordinance requiring a helmet to ride skateboards and e4her wheeled 4wispeFtation scooters on public streets; Councilmember Peters and Councilmember Elliott concurred. Mayor Anderson requested to agendize an ordinance increasing the Council Members' base salaries; Councilmember Peters and Councilmember Peirce concurred. 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 22, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 APPROVAL OF REVISIONS TO JOB DESCRIPTIONS FOR PUBLIC ® SERVICES WATER DIVISION EMPLOYEES; (ADMINISTRATION) RECOMMENDATION: Adopt revisions to the job descriptions for Public Services Maintenance Superintendent; and, Maintenance Leadworker, Maintenance Worker III, and Maintenance Worker II in the Water Division. C A-3 RESOLUTION NO. 29-02 AUTHORIZING FINAL NEGOTIATIONS FOR PURCHASE OF FINANCE SOFTWARE; (FINANCE) RECOMMENDATION: Adopt Resolution No. 29-02 authorizing the City Manager to negotiate and execute a software purchase with New World Systems. A-4 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR BLENDING PIPELINE PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Accept the Project as completed by Specialty Construction, Inc. and authorize the filing of the Notice of Completion. 4 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MAY 13, 2002 A-5 RECOMMENDATION ON USAGE OF PROPOSITION 12-PER CAPITA FUNDS FOR KEISER EAST AND WEST FIELD FENCING; (RECREATION & PARKS) RECOMMENDATION: Allocate Proposition 12 Per Capita Funds for the replacement of fencing on Lila Keiser East and West softball fields. A-6 PROPOSAL TO AMEND PERS CONTRACT TO PROVIDE MILITARY SERVICE CREDIT BENEFIT FOR RETIREES; (ADMINISTRATION) RECOMMENDATION: Approve adding military service credit as a Public Employees' Retirement System benefit for retirees, and direct staff to begin the amendment process. A-7 PROCLAMATION DECLARING MAY 12-18, 2002 AS "NATIONAL POLICE MEMORIAL WEEK", AND MAY 15, 2002 AS "POLICE OFFICER MEMORIAL DAY"; (POLICE) RECOMMENDATION: Adopt Proclamation. ® A-8 PROCLAMATION DECLARING MAY 19-25, 2002 AS "NATIONAL PUBLIC WORKS WEEK'; (PUBLIC SERVICES) RECOMMENDATION: Adopt Proclamation. A-9 PROCLAMATION DECLARING MAY 17, 2002 AS "SPECIAL OLYMPICS DAY'; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. Councilmember Peirce pulled Items A-2, A-3, A-7 and A-8 from the Consent Calendar; Councilmember Peters pulled Item A-6; and Councilmember Crotzer pulled Item A-1. MOTION: Councilmember Peirce moved the City Council approve Items A-4, A-5 and A-9 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) E ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MAY 13, 2002 A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF APRIL 22, 2002; (ADMINISTRATION) Councilmember Crotzer asked a question relating to a statement made after a motion was on the table. City Clerk Bridgett Bauer clarified that the statement was relating to the motion. MOTION: Councilmember Crotzer moved the City Council approve Item A-1 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-2 APPROVAL OF REVISIONS TO JOB DESCRIPTIONS FOR PUBLIC SERVICES WATER DIVISION EMPLOYEES; (ADMINISTRATION) Councilmember Peirce asked for staff clarification on this item. City Manager Robert Hendrix stated the City's current water system workers are required to be certified water treatment operators even though the City does not have a water treatment plant and our employees are not required to perform the duties of a water ® treatment plant operator. He said the State of California recently adopted new rules requiring a separate certification for water system operators as opposed to water treatment operators. The law allows current employees to obtain a temporary certificate that is valid through 2004. By the end of 2004, employees must have passed a State test in order to obtain permanent certification. Mr. Hendrix stated the system operator test and classification is more appropriate to what the City's workers actually do. 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-3 RESOLUTION NO. 29-02 AUTHORIZING FINAL NEGOTIATIONS FOR PURCHASE OF FINANCE SOFTWARE; (FINANCE) Councilmember Peirce asked for staff clarification on this item. Finance Director Jim Koser stated the City of Morro Bay has been successfully using accounting and financial software from a company called EDEN Systems since 1996. That company has developed a new version of its software product and has now discontinued support of the software version the City uses. Without software support, the City has no resources or vendor to maintain and improve the software as technology and business requirements change. Mr. Koser stated staff has gone out with a Request 0 for Proposal for financial software, and is in the process of reviewing contract language ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING —MAY 13, 2002 and working with the successful vendor, New World Systems, to specify the exact purchase terms and conditions. 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) A-6 PROPOSAL TO AMEND PERS CONTRACT TO PROVIDE MILITARY SERVICE CREDIT BENEFIT FOR RETIREES; (ADMINISTRATION) Councilmember Peters asked for staff clarification on this item. Personnel Officer Ardith Davis stated on April 8, 2002, the City received a request from a previous employee, retired Police Department Lieutenant George Carpenter, to amend the City's PERS contract to extend the military buy-back benefit to retirees. The optional benefit offered by PERS allows employees to purchase up to four years of service credit for any continuous active military or merchant marine service prior to employment. The employee is required to pay the employee's share of the benefit and the City's share. The ® City Council amended its contract with PERS to provide this benefit to active police safety employees in June of 1998. Ms. Davis stated this is a separate benefit that applies only to retirees. MOTION: Councilmember Peters moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-7 PROCLAMATION DECLARING MAY 12-18, 2002 AS "NATIONAL POLICE MEMORIAL WEEK", AND MAY 15, 2002 AS "POLICE OFFICER MEMORIAL DAY'; (POLICE) Councilmember Peirce addressed this Proclamation for public information. 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) A-8 PROCLAMATION DECLARING MAY 19-25, 2002 AS "NATIONAL PUBLIC WORKS WEEK"; (PUBLIC SERVICES) Councilmember Peirce addressed this Proclamation for public information. l ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MAY 13, 2002 MOTION: Councilmember Peirce moved the City Council approve Item A-8 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) Mayor Anderson called for a break at 7:50 p.m.; the meeting resumed at 8:02 p.m. B. PUBLIC HEARINGS, REPORTS & APPEARANCES —None. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS City Attorney Robert Schultz reviewed the progress report on the Duke Energy Power Plant Project for public information. Is Councilmember Peirce stated as a former diver in this bay, he knows that the water is clearest with an incoming tide. He said with an incoming tide, the water that the power plant is drawing in is relatively free of things that are entrapped. Councilmember Crotzer stated the introduction of a mechanical predator in the case of the power plant detracts from the productivity of the bay. Mayor Anderson stated the bay has been altered due to sedimentation which needs to be addressed in order to preserve the estuary. This was an informational item, and no action was taken on this item. C-2 REVIEW OF COUNCIL POLICIES AND PROCEDURES AND DRAFT ADVISORY HANDBOOK; (CITY ATTORNEY) City Attorney Robert Schultz stated in July 2001, the City Council adopted Council Policies and Procedures. Prior to printing and binding this document for distribution, staff thought it would be a good idea to bring it back to Council for any further comments and/or modifications. In addition, the City Council directed staff to develop an Advisory Handbook to inform the public of the City's five advisory boards. While each advisory board has its own by-laws, the creation of a handbook will definitely aid advisory bodies in the sometimes complex and confusing process of serving on an 0 advisory board. This handbook is meant to be a helpful guide to the advisory bodies by C1(l MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MAY 13, 2002 providing a consistent guideline for members, along with streamlining the procedures and policies involved. Mr. Schultz stated this is a preliminary review of the policies and procedures and advisory handbook, and staff will bring them back for final approval in June or July. Councilmember Cromer requested clarification on certain incidents of conflict of interest. Councilmember Peters stated she will review with the City Attorney some suggested amendments for the handbook. Mayor Anderson referred to the guidelines for the Recreation & Parks Commission relating to the use of park facilities which language is in need of clarification. This was an informational item, and no action was taken on this item. D. NEW BUSINESS D-1 DISCUSSION OF WHETHER TO CONSIDER HOLDING A WORKSHOP ON THE "CIVIC CENTER DESIGN'; (ADMINISTRATION) Councilmember Peters stated she requested this item be agendized for discussion to hold a public workshop to discuss the design of the proposed Civic Center. Consensus of the City Council was that this item be scheduled for a regularly scheduled Council meeting as a workshop item. F. ADJOURNMENT The meeting adjourned at 8:58 p.m. Recorded by: e Bridg City Clerk 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 CS-1 ® CS-2 REGULAR MEETING — APRIL 22, 2002 CLOSED SESSION — APRIL 22, 2002 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA LABOR NEGOTIATOR Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. 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 four (4) parcels. Pro : Embarcadero Road/Pacific Street Negotiatinp, Parties: Seibert Family Trust and the City of Moan Bay Neeotiations: Possible Voluntary Purchase. Properties: 950/960 Napa 460 Bonita Street Lot 124 (Subdivision) Cloisters CS-3 GOVERNMENT CODE SECTION 54957: PERSONNEL ISSUES. Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Attorney. WIM regarding litigation as to one (1) matter In the matter of Duke Energy Power Plant Project. ® IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. ® PUBLIC SESSION — APRIL 22, 2002 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 8, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT — MARCH 2O02; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT — MARCH 2O02; (FINANCE) ® RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 25-02 APPROVING LEASE AMENDMENT FOR LEASE ® SITE 67-67W - 575 EMBARCADERO; (HARBOR) RECOMMENDATION: Adopt Resolution No. 25-02. A-5 RESOLUTION NO. 26-02 APPROVING LEASE AMENDMENT FOR LEASE SITE 68-68W - 591 EMBARCADERO; (HARBOR) RECOMMENDATION: Adopt Resolution No. 26-02. A-6 ADOPTION OF ORDINANCE NO. 488 ADDING MORRO BAY MUNICIPAL CODE SECTION 14.75 REGARDING MANDATORY CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING PROGRAM; (ADMINISTRATION) RECOMMENDATION: Adopt Ordinance No. 488. A-7 PROCLAMATION DECLARING APRIL 28 — MAY 4, 2002 AS "MUNICIPAL CLERK WEEK"; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. A-8 PROCLAMATION DECLARING MAY 2002 AS "MORRO BAY VOLUNTEER ® MONTH"; (RECREATION & PARKS) RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-I RESOLUTION NO. 27-02 DIRECTING THE PREPARATION OF AN ENGINEERS REPORT FOR LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS PARK AND OPEN SPACE LIGHTING AND LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 27-02. B-2 RESOLUTION NO. 28-02 DIRECTING THE PREPARATION OF AN ENGINEERS REPORT FOR LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LIGHTING AND LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 28-02. 3 El E C. UNFINISHED BUSINESS C-I PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS RECOMMENDATION: Receive for information. C-2 REPORT AND RECOMMENDATIONS BY COUNCIL COMPENSATION COMMITTEE PURSUANT TO CITY'S POLICY AND PROCEDURES MANUAL; (ADMINISTRATION) RECOMMENDATION: D. NEW BUSINESS Receive for information. D-1 RESOLUTION NO. 24-02 APPROVING ASSIGNMENT OF THE GARBAGE, RECYCLING AND GREENWASTE AGREEMENT TO WASTE CONNECTIONS, INC.; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 24-02. D-2 APPROVAL OF ATTORNEY SERVICES CONTRACT AND NOTICE UNDER EXISTING AGREEMENT; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. I��i�(iIil:ia�l il►ii 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 CLERKS 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'I MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION — APRIL 22, 2002 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 City Manager City Attorney 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 54957.6; CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. 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 four (4) parcels. • Prone : Embarcadero Road/Pacific Street Negotiating Parties: Seibert Family Trust and the City of Morro Bay Negotiations: Possible Voluntary Purchase. • Properties: 950/960 Napa 460 Bonita Street Lot 124 (Subdivision) Cloisters CS-3 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES. Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Attorney. ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION — APRIL 22, 2002 CS-4 regarding litigation as to one (1) matter • In the matter of Duke Energy Power Plant Project. Discussion The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:58 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carved. (5-0) The meeting adjourned at 5:58 p.m. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 22, 2002 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 Janeen Burlingame Management Analyst Jim Koser Finance Director Joe Loven Police Chief Andrea Lueker Recreation & Parks Director Bill Omdorff Acting Public Services 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 stated the City Council met in Closed Session, and no reportable action was taken. PUBLIC COMMENT Mandy Davis referred to the Morro Bay Power Plant and its destruction to the estuary. She said it is the City's responsibility to consider the environment and how it will affect the future generations. Peter Wagner stated the Union 76 Gas Station in Morro Bay has no MtBE contaminants. He said he found out at the Earth Day festivities that it is possible for the City to have its own autonomous marine sanctuary under local control, and he requested the City investigate this option without having to get an act of Congress. Dannie Rodgers -Tope stated the Harley Davidson Show was a success, and she thanked those who assisted in the Show. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 22, 2002 Grant Crowl addressed the proposed roundabout at Main Street and Highway 41. He suggested, as an alternative, a loop -about on Main Street by Radcliffe that goes by the high school and back around to the downtown area. David Nelson addressed the proposed Civic Center and the costs involved, and suggested the City hold a workshop to include public comment. He also addressed the Highway 41 intersection and recommended adding a right turn lane so not to hold up traffic. Roger Ewing, President of the Morro Bay Public Art Foundation, thanked Council for their support for the clock tower at the Centennial Stairway, and the funds allocated for downtown improvements. He also announced a Mary Carol Mural will be painted somewhere downtown in mid -July. John Nadolski, Life Order Ministry, announced his participation in Lifewater International. He said its purpose is Christians helping the rural poor obtain safe water around the world. He passed out literature for information and welcomed donations. Pam Soderback stated she does not support the recommendations in the 2002 City of ® Morro Bay Council Compensation Report. She said the City of Morro Bay Mayor and City Council are being compensated more that any City Council in the County except San Luis Obispo which is a much larger city. Betty. Winholtz addressed Item C-2 (Report and Recommendations by Council Compensation Committee Pursuant to City's Policy and Procedures Manual) stating the proposed compensation of a 50% increase is too high. She also referred to Mr. Crowl's proposal regarding the loop -about on Main Street and said the foot traffic of students should be considered. Ken Vesterfelt stated the entries for the "Cruisin' Morro Bay" Car Show on May 4-5 is sold out. John Barta expressed sadness regarding the accident that occurred on Front Street this morning. Mayor Anderson closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Cromer requested an update on the Downtown Improvements that Council allocated at the April 8, 2002 meeting. City Manager Robert Hendrix responded ® that once there is a concept, staff will be reporting on the expenses for Council to review. El 11 �J MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 22, 2002 Councilmember Peters requested an update on the status of City projects, and the consideration of a locally controlled marine sanctuary. Councilmember Peters requested a discussion on holding a workshop relating to the Civic Center; Councilmember Crotzer concurred. 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 8, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT — MARCH 2O02; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT — MARCH 2O02; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 25-02 APPROVING LEASE AMENDMENT FOR LEASE SITE 67-67W - 575 EMBARCADERO; (HARBOR) RECOMMENDATION: Adopt Resolution No. 25-02. A-5 RESOLUTION NO. 26-02 APPROVING LEASE AMENDMENT FOR LEASE SITE 68-68W - 591 EMBARCADERO; (HARBOR) RECOMMENDATION: Adopt Resolution No. 26-02. A-6 ADOPTION OF ORDINANCE NO. 488 ADDING MORRO BAY MUNICIPAL CODE SECTION 14.75 REGARDING MANDATORY CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING PROGRAM; (ADMINISTRATION) RECOMMENDATION: Adopt Ordinance No. 488. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 22, 2002 A-7 PROCLAMATION DECLARING APRIL 28 — MAY 4, 2002 AS "MUNICIPAL CLERK WEEK"; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. A-8 PROCLAMATION DECLARING MAY 2002 AS "MORRO BAY VOLUNTEER MONTH"; (RECREATION & PARKS) RECOMMENDATION: Adopt Proclamation. Councilmember Peters pulled Items A-7 and A-8 from the Consent Calendar. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Items A-7 and A-8. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-7 PROCLAMATION DECLARING APRIL 28 — MAY 4, 2002 AS "MUNICIPAL CLERK WEEK'; (ADMINISTRATION) ® Councilmember Peters announced this Proclamation for public information. MOTION: Councilmember Peters moved the City Council approve Item A-7 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-8 PROCLAMATION DECLARING MAY 2002 AS "MORRO BAY VOLUNTEER MONTH'; (RECREATION & PARKS) Councilmember Peters announced this Proclamation for public information. MOTION: Councilmember Peters moved the City Council approve Item A-8 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) Mayor Anderson called for a break at 7:41 p.m.; the meeting resumed at 7:53 p.m. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 22, 2002 B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-I RESOLUTION NO. 27-02 DIRECTING THE PREPARATION OF AN ENGINEERS REPORT FOR LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS PARK AND OPEN SPACE LIGHTING AND LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated on January 26, 1998 the City Council adopted Resolution No. 10-98 which accepted the public improvements for Cloisters Tract 1996. She said Resolution No. 27-02 serves as the initiation of the annual assessment proceedings and orders an Engineer's Report detailing the proposed costs for the maintenance of the Cloisters Park and Open Space for the purpose of assessing private property owners of Tract Map No. 1996. The Resolution also gives notice that a public hearing on the intent to levy the assessment, review and acceptance of the Engineer's Report will be held on May 28, 2002. Ms. Lueker recommended the City Council adopt Resolution No. 27-02 ordering the preparation of an Engineer's Report detailing the expenses projected for Fiscal Year 2002-03 for the maintenance of the ® Cloisters Park and Open Space. El Mayor Anderson opened the hearing for public comment. David Nelson stated the assessment should not exceed the per -acre cost of the development. He said the residents agreed to the assessment when purchasing their homes and a deal is a deal. Mr. Nelson stated this park is a tribute to the City and benefits a lot of people. Mayor Anderson closed the public comment hearing. Councilmember Elliott expressed opposition to this and all maintenance assessment fees for parks that are enjoyed by all. MOTION: Councilmember Cromer moved the City Council adopt Resolution No. 27-02 ordering the preparation of an Engineer's Report detailing the expenses projected for Fiscal Year 2002-03 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) 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 22, 2002 B-2 RESOLUTION NO. 28-02 DIRECTING THE PREPARATION OF AN ENGINEERS REPORT FOR LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LIGHTING AND LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated on January 13, 1997 the City Council adopted Resolution No. 01-97 which approved and accepted the on and off -site improvements for Tract 2110. She said Resolution No. 28-02 serves as the initiation to the annual assessment proceedings and orders an Engineer's Report detailing the proposed costs for the maintenance of the North Point Natural Area for the purpose of assessing private property owners of Tract Map No. 2110. The Resolution also gives notice that a public hearing on the intent to levy the assessment, review and acceptance of the Engineer's Report will be held on May 28, 2002. Ms. Lueker recommended the City Council adopt Resolution No. 28-02 ordering the preparation of an Engineer's Report detailing the expenses projected for Fiscal Year 2002-03 for the maintenance of the North Point Natural Area. Mayor Anderson opened the hearing for public comment; there were no comments and Mayor Anderson closed the public comment hearing. MOTION: Councilmember Crotzer moved the City Council adopt Resolution No. 28-02 ordering the preparation of an Engineer's Report detailing the expenses projected for Fiscal Year 2002-03 for the maintenance of the North Point Natural Area. The motion was seconded by Councilmember Peters and carved with Councilmember Elliott voting no. (4-1) C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS City Attorney Robert Schultz stated on November 26, 2001 the City Council authorized the City Attorney's office to file a Petition for Intervention in the CEC process without limiting it to any topics. The Council also directed staff to object to any evidentiary hearings starting until thirty days after the Final Staff Assessment is filed and to expend necessary monies until a detailed budget was prepared. On December 10, 2001 the City Council approved an estimated legal and technical budget in the sum of $175,000; this budget was for November — January 2002 only. As of March 31, 2002 the City had ® expended $202,360 for legal and technical assistance related to the Intervention. Mr. E? ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 22, 2002 Schultz noted the fiscal impact would depend upon the amount that the City recovers from Duke Energy pursuant to the Cost Reimbursement Agreement and pursuant to Section 25538 of the Public Resources Code. He recommended the City Council authorize funding in the sum of $175,000 to continue to be an active participant as an Intervener in the Morro Bay Modernization Power Plant Project. Councilmember Peters stated this is too important an issue to not have legal representation. She said as an intervener, the City is constantly participating in the process. Councilmember Peters stated the risk of not continuing as interveners would be far more expensive in the long run than what we would pay in attorneys' fees. Mayor Anderson stated although he voted against intervention at the start, he believes the City should continue in the process. He said he will have high expectations that a majority of the fees will be reimbursed. Councilmember Crotzer stated it is misleading to say we have swung half way in the intervention process. He said certain issues can and have been intervened; however, the ® dry -cooling issue is going to be decided at the state level and the opinion of the City of Morro Bay is not going to sway much on such an important issue. Councilmember Crotzer stated we should stop wasting the taxpayers' money on attorney fees. Councilmember Elliott stated what is left for the City to intervene on that the California Energy Commission has not been fully apprised of, and that the City has already taken action in the way of a resolution. He said he is not convinced that Duke Energy is doing what they should for the City by agreeing to reimburse the City. Councilmember Elliott stated Duke Energy has already commented that dry cooling is not an option. Councilmember Peirce stated intervention has other aspects other than Duke issues such as the bridge, snails, fencing related to environmental issues, and improvements that have still not been decided. He said the City should continue with the intervention process to consider these other issues. MOTION: Councilmember Peters moved the City Council authorize funding in the sum of $175,000 to continue to be an active participant as an Intervener in the Morro Bay Modernization Power Plant Project. The motion was seconded by Councilmember Peirce and carried with Councilmembers Crotzer and Elliott voting no. (3-2) 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 22, 2002 C-2 REPORT AND RECOMMENDATIONS BY COUNCIL COMPENSATION COMMITTEE PURSUANT TO CITY'S POLICY AND PROCEDURES MANUAL; (ADMINISTRATION) City Manager Robert Hendrix stated Policies and Procedures call for a Citizen's Committee to be appointed at the beginning of each even numbered year to review the compensation plan for the City Council and Mayor. The Committee is charged with the task of forwarding a recommendation to the Council before May In. The Committee's recommendation addresses compensation in each of three areas individually. Specifically, recommendations are made on direct compensation, insurance and the handling of business expense. Mr. Hendrix recommended the City Council consider the recommendations of the Committee along with the City Attorney's legal analysis and provide direction to staff. The Committee's recommendations are advisory to the Council. Council may accept all of the recommendations of the Committee, part of them, or take action different from the recommendations. Councilmember Peters thanked the committee for their efforts. She reviewed the time spent and commitment of the Mayor and each Council Member. Councilmember Peters ® stated she believes an increase is warranted but not as much as the committee has recommended. Councilmember Elliott stated Council could benefit from more educational opportunities by attending more conferences; however, he is not looking for an increase in compensation. Councilmember Crotzer stated serving on the Council should receive nominal compensation for public service, and it is a negative incentive to consider more compensation. He said he would rather be compensated for educational pursuits. Councilmember Peirce stated he believes a Council Member should be compensated for the amount of time expended in doing the job. He said he would support a portion of the increase that has been recommended by the Committee. Councilmember Peirce stated with the uncertainty of insurance at this point it should not be an issue this year. Mayor Anderson stated it is unlikely he will be a beneficiary of these benefits; however, he will support the increase in compensation for the substantial time spent by the Mayor and Council Members. 10 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 22, 2002 MOTION: Councilmember Elliott moved the City Council maintain their present compensation and benefit package. The motion was seconded by Councitmember Crotzer. Councilmember Peters suggested a $100 increase for Council and $25 for Mayor. VOTE: The motion carried with Councilmember Peirce and Councilmember Peters voting no. (3-2) D. NEW BUSINESS D-1 RESOLUTION NO. 24-02 APPROVING ASSIGNMENT OF THE GARBAGE, RECYCLING AND GREENWASTE AGREEMENT TO WASTE CONNECTIONS, INC.; (ADMINISTRATION) Management Analyst Janeen Burlingame stated on January 16, 2002 the Integrated Waste Management Authority (IWMA) met with several jurisdictions in San Luis Obispo County regarding the pending sale of San Luis Garbage and all of its affiliate companies. ® The purpose of the meeting was to announce that the IWMA would be working with the City of San Luis Obispo to evaluate Waste Connections, Inc. (WCI) to determine whether or not WCI meets the criteria set forth in the Assignment clause of the franchise agreement. The City's franchise agreement stipulates that the City must approve an assignment and that the franchisee must pay for any reasonable expenses to investigate any proposed assignee. Since the sale of San Luis Garbage and its affiliated companies, of which Morro Bay Garbage Service is one, has regional implications, the IWMA agreed to assist in the review process. In order to streamline the process, the City of San Luis Obispo has acted as the lead agency for the region in the evaluation of WCI. Because of the complexity of the investigation to evaluate WCI's operational experience and fiscal stability as stipulated in the franchise agreement, the IWMA recommended hiring Hilary Theisen Consulting to assist in the assessment. According to information obtained by staff, as of December 31, 2001, WCI serves more than 700,000 commercial, industrial and residential customers in fifteen states. WCI became a publicly owned company in May of 1998 and is traded on the NASDAQ exchange under the symbol WCNX. Ms. Burlingame recommended the City Council adopt Resolution No. 24-02 approving the assignment of the Garbage, Recycling and Green Waste Franchise Agreement to Waste Connections, Inc. MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 24-02 approving the assignment of the Garbage, Recycling and Green Waste Franchise Agreement to Waste Connections, Inc. The motion was seconded ® by Councilmember Peters and carried unanimously. (5-0) 11 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 22, 2002 D-2 APPROVAL OF ATTORNEY SERVICES CONTRACT AND NOTICE UNDER EXISTING AGREEMENT; (ADMINISTRATION) City Manager Robert Hendrix stated the City currently contracts with Hunt and Associates for Attorney Services. Every two years the contract is renewed and new rates are negotiated. In August 1998, Robert Schultz, a principle in the Hunt and Associates Law Firm, was appointed City Attorney for the City of Morro Bay by the City Council, and the contract with Hunt and Associates was renewed as well. Midway through the current contract term, the City Council reviewed the City Attorney's performance. A long-standing issue has been how to increase the availability of attorney support to staff while holding costs to a minimum. Mr. Hendrix stated the proposal retains the services of Robert Schultz as City Attorney for the City of Morro Bay; however, the agreement would relocate his office to City space in Morro Bay. He would continue to perform the services of City Attorney, but do so directly for the City. This change will increase the quantity and quality of attorney service available to the City. This contract will result in an estimated annual increase in cost of between $30,000450,000 per year depending on experience. Mr. Hendrix recommended the City Council approve and authorize the Mayor to execute the agreement with Robert W. Schultz for attorney services; and, authorize notice of contract termination with David R. Hunt and Associates for attorney ® services. Consensus of the Council was in support of this proposal. Councilmember Crotzer stated he does not agree with the car allowance and would prefer the same language that is in the City Manager and Public Services Director's contract regarding the City's purchase of an energy efficient vehicle. Councilmember Elliott stated the advancement in alternative vehicles is approximately one year away. MOTION: Councilmember Peters moved the City Council approve and authorize the Mayor to execute the agreement with Robert W. Schultz for attorney services with additional language regarding the City purchase of an energy efficient vehicle for the City Attorney's use; and, authorize notice of contract termination with David R. Hunt and Associates for attorney services. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) F. ADJOURNMENT - The meeting adjourned at 9:18 p.m. Recorded by: Bridg� City Clerk 12 ® 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 8, 2002 CLOSED SESSION - APRIL 8, 2002 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 City's real property negotiator regarding the ® price and terms of payment for the purchase, sale, exchange, or lease of real property as to three (3) parcels. CS-2 • Pro : Morro Elementary School site, 1130 Napa Avenue • Pro : 505 Harbor Street Property: Water Outfall Line Easement. Negotiating Parties: Duke Energy and the City of Morro Bay. Negotiations: Renegotiation and extension of terms and conditions of lease agreement. regarding litigation as to one (1) matter • In the matter of Duke Energy Power Plant Project. Discussion IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. 11 ® PUBLIC SESSION - APRIL 8, 2002 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 MARCH 25, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 22-02 AUTHORIZING ACCESS TO STATE AND LOCAL SUMMARY OF CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT, LICENSING OR CERTIFICATION; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 22-02. 11 ® A-3 ORDINANCE NO. 487 AUTHORIZING AMENDMENT OF CONTRACT WITH PERS TO ADD THE BENEFIT OF 3% AT 50 FOR POLICE MEMBERS — SECOND READING/ADOPTION; (ADMINISTRATION) RECOMMENDATION: Approve Ordinance No. 487 for second reading and adoption. A-4 PROCLAMATION DECLARING APRIL 26, 2002 AS "ARBOR DAY'; (RECREATION & PARKS) RECOMMENDATION: Adopt Proclamation. A-5 RESOLUTION NO. 23-02 ADOPTING NEW YORK FIRE DEPARTMENT ENGINE 16 AND LADDER 7 AS SISTER FIRE COMPANIES; (FIRE) RECOMMENDATION: Adopt Resolution No. 23-02. B. PUBLIC HEARINGS REPORTS & APPEARANCES — NONE. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION ® B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS RECOMMENDATION: Receive for information. D. NEW BUSINESS D-1 REVIEW OF PLANNING COMMISSION RECOMMENDATIONS CONCERNING IN[PLEMENTATION OF R/UDAT PROJECTS; (PUBLIC SERVICES) 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 7726200 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 CLOSED SESSION — APRIL 8, 2002 ® 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 City Manager City Attorney 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 54956.8; 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 three (3) parcels. • Pro : Morro Elementary School site, 1130 Napa Avenue • Pronerty: 505 Harbor Street Pro e : Water Outfall Line Easement. Negotiating Parties: Duke Energy and the City of Morro Bay. Negotiations: Renegotiation and extension of terms and conditions of lease agreement. CS-2 GOVERNMENT CODE SECTION 54956.9; CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. Discussion regarding litigation as to one (1) matter • In the matter of Duke Energy Power Plant Project. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:45 p.m. MOTION: Councilmember Elliott moved the meeting be adjourned. The motion was ® seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 5:45 p.m. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 8, 2002 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 Jeff Jones Jim Koser Joe Loven Andrea Lueker Bill Omdorff ® ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS City Manager City Attorney City Clerk Harbor Director Fire Chief Finance Director Police Chief Recreation & Parks Director Acting Public Services Director CLOSED SESSION REPORT — City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action was taken. PUBLIC COMMENT Betty Forsythe reviewed services provided by the Morro Bay Library and the desire to expand the Library. She announced there would be a program at the Library on Saturday, April 13a' to learn about the expansion project, and donations are welcome. Barbara Jo Osborne addressed the loss of trees in Morro Bay. Bill Woodson addressed Item C-1 and the article in the Sun Bulletin referring to a request by the City for an additional $150,000 for attorneys and legal fees. He said this is a waste of City funds and should be going towards projects reported in the R/UDAT report. Mayor Anderson closed the public comment hearing. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 8, 2002 DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peirce requested information on statistics relating to how many gas stations are required based on population. 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 25, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 22-02 AUTHORIZING ACCESS TO STATE AND LOCAL SUMMARY OF CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT, ® LICENSING OR CERTIFICATION; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 22-02. A-3 ORDINANCE NO. 487 AUTHORIZING AMENDMENT OF CONTRACT WITH PERS TO ADD THE BENEFIT OF 3% AT 50 FOR POLICE MEMBERS — SECOND READING/ADOPTION; (ADMINISTRATION) RECOMMENDATION: Approve Ordinance No. 487 for second reading and adoption. A4 PROCLAMATION DECLARING APRIL 26, 2002 AS "ARBOR DAY'; (RECREATION & PARKS) RECOMMENDATION: Adopt Proclamation. A-5 RESOLUTION NO. 23-02 ADOPTING NEW YORK FIRE DEPARTMENT ENGINE 16 AND LADDER 7 AS SISTER FIRE COMPANIES; (FIRE) RECOMMENDATION: Adopt Resolution No. 23-02. Councilmember Elliott pulled Item A-2 from the Consent Calendar. 11 ftl ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 8, 2002 MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Item A-2. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-2 RESOLUTION NO. 22-02 AUTHORIZING ACCESS TO STATE AND LOCAL SUMMARY OF CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT, LICENSING OR CERTIFICATION; (RECREATION & PARKS) Councilmember Elliott asked for clarification on this item. Recreation & Parks Director Andrea Lueker responded the City Recreation & Parks Department has been notified that the Morro Bay Municipal Code Section 2.32.060, Item F — "Criminal Conduct — Ineligibility for Employment' does not authorize the City to receive criminal offender record information. She said pursuant to Penal Code Section • 11105(b)(10) with the Department of Justice states a resolution must be filed for adoption by the City Council and forwarded to the State of California Department of Justice in order to obtain criminal offender record information. Ms. Lueker recommended the City Council adopt Resolution No. 22-02 which would authorize the City to access State and ® local summary criminal history information for employment, licensing or certification purposes. MOTION: Councilmember Elliott moved the City Council approve Item A-2 from the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) B. PUBLIC HEARINGS. REPORTS & APPEARANCES —None. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS City Attorney Robert Schultz reviewed the progress report on the Duke Energy Power Plant Project for public information. This was an informational item, and no action was taken on this item. 11 n MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - APRIL 8, 2002 D. NEW BUSINESS D-1 REVIEW OF PLANNING COMMISSION RECOMMENDATIONS CONCERNING IMPLEMENTATION OF R/UDAT PROJECTS; (PUBLIC SERVICES) Acting Public Services Director Bill Omdorff stated the RegionalfUrban Design Assistance Team met with City representatives, business leaders, residents, and community groups over a period of many months. The group prepared a "Vision" poster titled "R/UDAT's VISION FOR MORRO BAY, 1997-2000" and a report titled "Quick Wins and the Next Step for Downtown Morro Bay", dated August 1997. Mr. Omdorff stated the City Council at its March 11, 2002 meeting allocated $50,000 for R/UDAT projects and referred this subject item to the Planning Commission for recommendations on the projects to be implemented. The Planning Commission at its March 18, 2002 meeting reviewed several alternative projects as provided for in the R/UDAT report "Quick Wins & the Next Step for Downtown Morro Bay". Mr. Omdorff stated the Planning Commission recommended funding for the following two projects: 1) "Morro Bay blocks east of Main Street); and 2) "Main Street and Morro Bay Boulevard ® Intersection Aesthetic Improvements". The Planning Commission also recommended that additional funds be allocated to sufficiently fund their recommendation. Councilmember Peirce stated the placement of benches and planters have made the downtown area a more pedestrian friendly area, and he would like to implement more of these improvements. He said the R/UDAT report is a reasonable document and he would like to implement more of it. Councilmember Peirce stated streetlights with banners would help delineate Old Town. He also said the block on Main Street where the Farmer's Market is held should be included in the improvement area. Councilmember Peters stated based on the costs presented, she is reluctant to approve any major projects; however, she is in favor of extending the pedestrian friendly improvements a couple of more blocks. She said a viable walkway along Main Street to north Morro Bay would be beneficial to accommodate the children attending Del Mar Elementary School. Councilmember Crotzer stated the minor improvements that have already been made to the downtown area have been well received. He said he supports placement of the light bollards and undergrounding the utilities in the downtown area to make it more pedestrian friendly. Councilmember Cromer suggested the placement of a funicular by the Centennial Stairway to allow accessibility from the Embarcadero to the downtown area. 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 8, 2002 Councilmember Elliott stated the City should extend the boundaries for improvements. He said pathways would be ideal on the concrete sidewalks that exist. Councilmember Elliott stated he supports the proposed clock tower and funiculars. He said it is important to deal with the market place that ties the Embarcadero to the downtown area. Mayor Anderson stated it is time to move forward on some renovations. He said he supports improvements along Morro Bay Boulevard to Market Street including the clock tower. MOTION: Councilmember Elliott moved the City Council implement the Planning Commission recommendations I and 2; approve funding of $250,000 to improve Main Street from Pacific Street to Dunes Street; improve Morro Bay Boulevard from Napa Avenue to Market Street; include a clock tower; and bring back information on walkways in North Morro Bay. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) F. ADJOURNMENT ® The meeting adjourned at 7:38 p.m. Recorded by: Bridgett Bauer City Clerk CI n. ® 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 25, 2002 CLOSED SESSION — MARCH 25, 2002 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 the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. 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 one (1) parcel. • Pro : Water Outfall Line Easement. Negotiating Parties: Duke Energy and the City of Morro Bay. Negotiations: Renegotiation and extension of terms and conditions of lease agreement. CS-3 GOVERNMENT CODE SECTION 54956.9; CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. Discussion regarding litigation as to one (1) matter • In the matter of Duke Energy Power Plant Project. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ® ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. ® PUBLIC SESSION — MARCH 25, 2002 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 MARCH 11, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT — FEBRUARY 2002; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT — FEBRUARY 2002; (FINANCE) ® RECOMMENDATION: Approve as submitted. 2 n r A-4 RESOLUTION NO. 21-02 ADOPTING THE CITY OF MORRO BAY CAPITAL ASSETS ACCOUNTING AND DEPRECIATION POLICY AND PROCEDURES; (FINANCE) RECOMMENDATION: Adopt Resolution No. 21-02 establishing the City of Morro Bay's financial management policy for capital assets control and funding mechanism for future capital asset replacement. A-5 PROCLAMATION DECLARING APRIL 2002 AS CHILD", AND APRIL 13, 2002 AS "DAY (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS REPORTS & APPEARANCES "MONTH OF THE YOUNG OF THE YOUNG CHILD"; B-1 PRESENTATION OF THE SITE ARRANGEMENT STUDY FROM RRM DESIGN GROUP ON THE CIVIC CENTER PROJECT; (RECREATION & PARKS) RECOMMENDATION: Review and approve the site arrangement study, and direct staff to continue with the neat step of the process which would involve the outward design/appearance of the facility to be generated through a public workshop process. B-2 ORDINANCE NO. 488 ADDING MORRO BAY MUNICIPAL CODE SECTION 14.75 REGARDING MANDATORY CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING PROGRAM — INTRODUCTION/FIRST READING; (ADMINISTRATION) RECOMMENDATION: Approve Ordinance No. 488 for introduction and first reading. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS RECOMMENDATION: Receive for information. 3 ® D. NEW BUSINESS D-I CONSIDERATION OF CITY INFORMATION VIDEOS; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. D-2 CONSIDERATION OF SUPPORT FOR LEGISLATION AND FUNDING FOR ELECTRONIC -WASTE RECYCLING; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. D-3 REQUEST FOR APPROVAL TO INITIATE ZONING ORDINANCE AMENDMENTS PERTAINING TO SETBACKS/HEIGHT LIMITS; (PUBLIC SERVICES) RECOMMENDATION: Authorize staff to initiate five Zoning Ordinance amendments to amend the City's Local Coastal Program. D-4 CONSIDERATION OF COMMISSION AND ADVISORY BOARD TERM LIMITS; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. ® E. ADJOURNMENT 1 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 — MARCH 25, 2002 ® 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 City Manager City Attorney 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 54957.6; CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's ® Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. CS-2 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 one (1) parcel. • Pro : Water Outfall Line Easement. Negotiating Parties: Duke Energy and the City of Morro Bay. Negotiations: Renegotiation and extension of terms and conditions of lease agreement. CS-3 GOVERNMENT CODE SECTION 54956.9; CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. Discussion regarding litigation as to one (1) matter • In the matter of Duke Energy Power Plant Project. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:45 p.m. MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion Is was seconded by Councilmember Peirce and unanimously carried. (5-0) The meeting adjourned at 5:45 p.m. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 25, 2002 VETERANS MEMORIAL HALL - 6:00 P.M. � E 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 Janeen Burlingame Clyde Ganes JeffJones Jim Koser Joe Loven Andrea Lueker Bill Omdorff ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS City Manager City Attorney City Clerk Harbor Director Management Analyst Building Official Fire Chief Finance Director Police Chief Recreation & Parks Director Acting Public Services Director CLOSED SESSION REPORT — City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action was taken. PUBLIC COMMENT Barbara Jo Osborne and Doris Murray addressed the removal of trees in the City and acknowledged the detriment to the wilderness that lives in those trees. Betty Forsythe announced Morro Bay Library will be celebrating April as "Love your Library, Love your Community" month. Ken Vesterfelt announced there will be a Harley Davidson Motorcycle Show at HJ Saloon on April 20`s. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 25, 2002 Dr. Greg Thomas, San Luis Obispo County Health Department, reported on public health concerns relating to the Duke Energy Power Plant project. Larry Allen, Air Pollution Control District, stated their agency does monitor air quality regulatory standards relating to public health standards. He further reported on their studies relating to emissions of PM-10's locally and county -wide. David Nelson referred to an article regarding a proposed Duke Energy power plant in San Diego. He also expressed concern with the City's budget, and referred to the City's organizational chart and the citizen's have been removed from that chart. Richard Smith expressed sadness relating to the biological impacts caused by the removal of water from the bay for the use of the power plant, and the City Council's action of opposing the dry -cooling alternative. Mandy Davis stated it is a typical playground situation between Duke Energy and the City. ® Pam Soderback reviewed the statistics of her study on particulate matter emissions vs. the study prepared by the County Health Department and figures used by Duke Energy. Mayor Anderson closed the public comment hearing. 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 MARCH 11, 2002; (ADMINISTRATION) RECOMMENATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT — FEBRUARY 2002; (FINANCE) RECOMMENDATION: Receive for information. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 25, 2002 A-3 EXPENDITURE REPORT — FEBRUARY 2002; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 21-02 ADOPTING THE CITY OF MORRO BAY CAPITAL ASSETS ACCOUNTING AND DEPRECIATION POLICY AND PROCEDURES; (FINANCE) RECOMMENDATION: Adopt Resolution No. 21-02 establishing the City of Morro Bay's fmancial management policy for capital assets control and funding mechanism for future capital asset replacement. A-5 PROCLAMATION DECLARING APRIL 2002 AS "MONTH OF THE YOUNG CHILD", AND APRIL 13, 2002 AS "DAY OF THE YOUNG CHILD'; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. ® MOTION: Councilmember Crotzer moved the City Council approve the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) Mayor Anderson called for a break at 6:57 p.m.; the meeting resumed at 7:05 p.m. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 PRESENTATION OF THE SITE ARRANGEMENT STUDY FROM RRM DESIGN GROUP ON THE CIVIC CENTER PROJECT; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated the City Council at their February 26, 2001 meeting authorized staff to move forward in the development of a comprehensive City-wide Facilities Master Plan. Discussed during this meeting was the importance of looking at all City facilities prior to moving ahead with construction on the Civic Center site. Of particular concern were the Police and Fire facilities. On May 14, 2001, the City Council agreed to fund a project that would look at the space needs of both the Police and Fire Departments and then combine that information with information gathered through the "Green Building Grant" process. The data would then serve as a basis for Council discussion on a City -Wide Facilities Master Plan including location of facilities and phasing of the project. Ms. Lueker stated staff returned to the City Council on October ® 22, 2001 and presented the results of the Police and Fire Department needs assessments, 11 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 25, 2002 and requested the City Council determine a phasing priority for the Civic Center, Police and Fire Department facilities. At that time the City Council, by motion, prioritized the facilities in order of City Hall (with existing City Hall functions) and Public Services Department, Fire Department facility, and Police Department facility. Ms. Lueker recommended the City Council review and approve the site arrangement study, and direct staff to continue with the next step of the process which would involve the outward design/appearance of the facility to be generated through a public workshop process. Ms. Lueker introduced Todd Hansen and Mary McGrath of RRM Design Group, who reviewed the existing site and space needs of the departments. They showed a Site Arrangement Study that illustrates the Civic Center facility and how the spaces inside the facility are oriented. Mayor Anderson opened the hearing for public comment. Lynda Merrill stated the proposed site design has serious problems. She shared her ideas including the entrance of the civic center, location of the Fire and Police Departments, ® parking and expansion to the City library. David Nelson addressed the cost of this project. He said the Fire Department should utilize the land donated by the Cloisters subdivision, and the Police Department should be located on the comer as suggested by Lynda Merrill. Mr. Nelson stated community input is needed on this project. Jim Wood stated there is shortage of parking around City Hall. He suggested the Morro Elementary school site be considered for the civic center site. Betty Winholtz addressed cost comparisons and justification for acquired property. She addressed the aesthetics of parking along the back of the proposed site. Ms. Winholtz stated she would like to see the library included in the expansion of City facilities. John Barta addressed cost and asked where the money is coming from for this proposed project. He asked what the opportunities are for swapping properties. Mayor Anderson closed the public comment hearing. City Manager Robert Hendrix stated in discussions with the school district, they want to maintain the Morro Elementary site at this time. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 25, 2002 Mayor Anderson stated the Morro Elementary site is a nice facility, and he will contact Dr. Ladd at the San Luis Coastal Unified School District to discuss this option further. He said he would rather not endorse this project by approving the proposed plan, but rather review and accept the project. Councilmember Elliott stated he likes what is being proposed, and he would like to proceed with the project. Councilmember Crotzer stated Council has yet to hear from the citizens regarding this proposed project. He said this is an example of municipal government putting themselves first above the needs of the citizens. Councilmember Crotzer stated he would be prouder to complete other priorities needed in the City rather than build a grandiose city hall. He said there has been an on -going cry for other facilities such as public health services and youth programs. Councilmember Peirce stated if a city hall is built it should be big enough so it won't need to be done again for many years. He said there is an increase in demands for City services and mandates for new services and the City needs to have facilities that can maintain these is services. Councilmember Peirce stated it is prudent for staff to proceed in working on this project. El Councilmember Peters stated the Morro Elementary site is less than perfect. She said the site should be large enough to combine departments in order to duplicate services such as copy machines, computers, etc. Councilmember Peters stated the civic center project would not take the place of other services such as street improvements. She said it would be an asset to the community. MOTION: Councilmember Elliott moved the City Council approve in concept the site arrangement study for the City-wide facilities master plan and civic center site. The motion was seconded by Councilmember Peirce. Councilmember Crotzer stated the language should be amended by using "accept" instead of "approve". Councilmember Peters stated she would like to see more investigation on alternative sites. Councilmember Elliott withdrew his motion; and Councilmember Peirce withdrew his second. 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 25, 2002 MOTION: Councilmember Cromer moved the City Council accept the preliminary site arrangement study, and direct staff to research alternative sites and options for guaranteeing adequate facilities for our City government, and not proceed with the present design of the proposed project. The motion was seconded by Councilmember Peters and failed with Mayor Anderson, Councilmember Elliott and Councilmember Peirce voting no. (2-3) MOTION: Councilmember Peters moved the City Council accept the site arrangement study, and before proceeding with the next step, the City determine that the Morro Elementary school site is not an option, and that this is actually the most practical location for the project. There was no second to the motion. MOTION: Councilmember Elliott moved the City Council accept the site arrangement study prepared by RRM Design Group, direct staff to research alternative sites available for this project, and proceed with further study on the civic center project. The motion was seconded by ® Councilmember Peirce and carried with Councilmember Crotzer voting no. (4-1) B-2 ORDINANCE NO. 488 ADDING MORRO BAY MUNICIPAL CODE SECTION 14.75 REGARDING MANDATORY CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING PROGRAM — INTRODUCTION/FIRST READING; (ADMINISTRATION) Management Analyst Janeen Burlingame stated on September 13, 2000, the San Luis Obispo County Integrated Waste Management Authority adopted a model Construction and Demolition Debris Recycling Ordinance and forwarded it to member jurisdictions for their consideration. The intent of developing the model ordinance was to try and standardize the regulatory procedures for recycling construction and demolition materials throughout the county, making the process consistent for the building community. The ordinance also establishes a civil penalty for non-compliance at the completion of a project rather than requiring a performance security as an up -front fee and would be calculated as 2% of the total project valuation. Ms. Burlingame stated the Public Works Advisory Board considered the Construction and Demolition Debris Recycling Ordinance at its January 29, 2002 meeting and recommends the Council adopt the ordinance with the addition of adding a review period one year after the ordinance is enacted and to delay the effective date of the civil penalty provision until 180 days after the ordinance is enacted. She said the purpose of adopting this type of ordinance is to ® help the City meet the State -mandated goal of diverting 50% of the materials going to the 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 25, 2002 landfill by the year 2000 and beyond, and to avoid possible fines or other enforcement action for non -attainment of this goal. Ms. Burlingame recommended the City Council conduct a public hearing, and approve the first reading and introduction of Ordinance No. 488. Bill Worrell, Integrated Waste Management Authority, reviewed the model C&D ordinance, including provisions such as a 50% recycling rate is required, a good faith effort provision, included are construction projects over $50,000.00, and demolition projects over 1,000 square feet, and civil penalties. Mayor Anderson opened the hearing for public comment. Ken Vesterfelt stated he supports this ordinance. Mayor Anderson closed the public comment hearing. MOTION: Councilmember Crotzer moved the City Council approve Ordinance No. 488 adding Morro Bay Municipal Code Section 14.75 Regarding ® Mandatory Construction and Demolition Debris Recycling Program for first reading and introduction. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) Mayor Anderson called for a break at 8:29 p.m.; the meeting resumed at 8:42 p.m. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS City Attorney Robert Schultz reviewed the progress report on the Duke Energy Power Plant Project for public information. Councilmember Crotzer recommended a light shielding ordinance or some design to shield light to make sure the citizenry is protected from the lights during construction. This was an informational item, and no action was taken on this item. u 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 25, 2002 D. NEW BUSINESS D-1 CONSIDERATION OF CITY INFORMATION VIDEOS; (ADMINISTRATION) City Manager Robert Hendrix stated on June 11, 2001 the City Council discussed the idea of creating public orientation videos on "How Your City Works" in order to increase public awareness of how the City functions. Since that meeting, staff has met with Councilmember Peters and AGP Video to discuss particular aspects of what would be involved with the creation of the public orientation videos. The original concept discussed by Council was to focus on one department at a time with an introduction of personnel, showing the work areas and outlining various jobs performed. After further consideration by Councilmember Peters, AGP Video and staff, it became apparent that individual personnel may come and go and job titles may change while job duties may remain the same, so in order to create a video that could be used for several years, a different approach should be used. In addition, it became apparent that more than one department might be involved with a particular City function, such as Code Enforcement. ® These realizations lead to the conclusion that a new concept for the information videos focusing on information topics rather than individual departments and individual personnel would be preferred. Mr. Hendrix recommended the City Council approve the conceptual idea of producing City informational videos for cablecast on Channel 20 that focus on topics of interest; produce a pilot project regarding Code Enforcement at a cost not to exceed $1,200 per AGP Video's cost estimate; and return to Council after the pilot project is completed with assessment of actual cost, production time/requirements, effectiveness of the video, and discussion of additional projects to pursue. El MOTION: Councilmember Elliott moved the City Council approve the following: 1) conceptual idea of producing City informational videos for cablecast on Channel 20 that focus on topics of interest; 2) produce a pilot project regarding Code Enforcement at a cost not to exceed $1,200 per AGP Video's cost estimate; and 3) return to Council after the pilot project is completed with assessment of actual cost, production time/requirements, effectiveness of the video, and discussion of additional projects to pursue. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) E ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 25, 2002 D-2 CONSIDERATION OF SUPPORT FOR LEGISLATION AND FUNDING FOR ELECTRONIC -WASTE RECYCLING; (ADMINISTRATION) Councilmember Cromer stated the ideal would be for more research to be developed to find less toxic materials. Councilmember Peirce stated there is concern with what to do with worn out computer equipment and where to take it, and there should be funding for facilities that will accept this equipment. Councilmember Peters expressed support for this concept. Councilmember Elliott stated manufacturers should be held responsible in using more environmentally friendly ways of building their equipment. MOTION: Councilmember Elliott moved the City Council direct the Mayor to send a ® letter in support for SB 1523 (Sher), SB 1619 (Romero), and SB 1374 (Kuel), in addition to requesting the legislators seek additional legislation requiring the manufacturers to use the most environmentally friendly products available for their product. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) D-3 REQUEST FOR APPROVAL TO INITIATE ZONING ORDINANCE AMENDMENTS PERTAINING TO SETBACKS/HEIGHT LIMITS; (PUBLIC SERVICES) E Acting Public Services Manager Bill Omdorff stated staff is suggesting five zoning ordinance amendments as follows: 1) North Main Street Comer Setbacks; 2) North Main Street Height Limit; 3) Front Yard Setback on Comer Lots; 4) Native American Groups; 5) Motel/Hotel Parking and Motorcycle Parking. He recommended the City Council authorize staff to initiate the five Zoning Ordinance amendments to amend the City's Local Coastal Program. Councilmember Crotzer stated he supports the suggested amendments, and recommended adding an amendment that does not require remodels and expansions to provide a second covered parking space. 10 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 25, 2002 MOTION: Councilmember Crotzer moved the City Council authorize staff to initiate the following six Zoning Ordinance amendments as de minimis requests to amend the City's Local Coastal Program: 1) North Main Street Comer Setbacks; 2) North Main Street Height Limits; 3) Front Yard Setback on Comer Lots; 4) Native American Groups; 5) Motel/Hotel and Motorcycle Parking; and 6) Off -Street requirement of a second covered parking space on remodels and expansions. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) D-4 CONSIDERATION OF COMMISSION AND ADVISORY BOARD TERM LIMITS; (ADMINISTRATION) Councilmember Peters requested the City Council consider term limits on City commissions and advisory boards in order to encourage new people to apply for a position without concern of an incumbent being re -appointed to their position on the board or commission. Councihnember Peirce stated recruitment for these vacancies appear to be a feast or ® famine situation. He said he would like the flexibility of appointing an applicant without having term limits. Councilmember Crotzer stated term limits is not a solution to the problem, but perhaps a change in the appointment process would be beneficial. Councilmember Elliott stated he is opposed to term limits. Mayor Anderson stated he is also opposed to term limits. No action was taken on this item. F. ADJOURNMENT The meeting adjourned at 9:46 p.m. Recorded by: Bridgett Bauer ® City Clerk 11 r NOTICE OF SPECIAL ® CLOSED SESSION MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Closed Session Meeting on Thursday. March 14, 2002 at 5:00 p.m. to be held in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. CS-1 The City Council will be considering the following issues: 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. ® CS-2 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. r: IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. DATED: March 12, 2002 Bridgett quer, City Clerk ® PUBLIC SESSION - MARCH 11, 2002 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-] APPROVAL OF MINUTES FOR THE REGULAR MEETING OF FEBRUARY 25, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 19-02 APPROVING FINDINGS FOR DENYING THE SILVER CITY MOBILEHOME PARK'S REQUEST FOR AN INCREASE IN RENT; (CITY ATTORNEY) RECOMMENDATION: Adopt Resolution No. 19-02. 1) A APPOINTMENT OF A MORRO BAY CITIZEN TO THE SAN' LUIS OBISPO COUNTY CITIZEN'S TRANSPORTATION ADVISORY COMMITTEE (CTAC); (ADMINISTRATION) RECOMMENDATION: Appoint Robert Davis as the City representative on CTAC, or advise staff to open recruitment to fill this position. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-I RESOLUTION NO. 17-02 APPROVING MID -YEAR BUDGET ADJUSTMENTS AND CAPITAL IMPROVEMENT PROJECTS; (FINANCE) RECOMMENDATION: Adopt Resolution No. 17-02 amending the budgets for the current fiscal year in accordance with funding decisions. B-2 APPEAL OF PLANNING COMMISSION APPROVAL OF STREET TREE REMOVALS AT 851 MARKET AVENUE; (PUBLIC SERVICES) RECOMMENDATION: Conduct a public hearing on an appeal of the Planning Commission's approval to remove four (4) street trees from the public right- of-way on Market Avenue between Morro Bay Boulevard and Harbor Street. B-3 RESOLUTION NO. 18-02: INTENTION TO APPROVE AN AMENDMENT TO ® PUBLIC EMPLOYEE'S RETIREMENT SYSTEM CONTRACT; AND ORDINANCE NO. 487 AUTHORIZING AMENDMENT OF CONTRACT WITH PUBLIC EMPLOYEE RETIREMENT SYSTEM TO ADD THE BENEFIT OF 3% AT 50 FOR POLICE MEMBERS — INTRODUCTION/FIRST READING; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 18-02; and approve first reading and introduction of Ordinance No. 487. B4 RESOLUTION NO. 20-02 APPROVING FINDINGS IN OPPOSITION TO THE CALIFORNIA ENERGY COMMISSION'S DRAFT POWER PLANT COOLING OPTIONS REPORT FOR THE MORRO BAY POWER PLANT PROJECT; (CITY ATTORNEY) RECOMMENDATION: Adopt Resolution No. 20-02. C. UNFINISHED BUSINESS C-I PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS ® RECOMMENDATION: Receive for information. 3 D. NEW BUSINESS ® D-I CONSIDERATION OF 2002 TROLLEY SEASON; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. D-2 CONSIDERATION OF THE PROCEDURE TO FILL A CITY COUNCIL MEMIBER VACANCY AND TERM LIMITS; (CITY ATTORNEY). RECOMMENDATION: Review Citv's current policies and procedures regarding filling a City Council vacancy and Council term limits. 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 4 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 11, 2002 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 Janeen Burlingame Bill Orndorff JeffJones Jim Koser Joe Loven ® ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY rr, City Manager City Attorney City Clerk Harbor Director Management Analyst Acting Public Services Director Fire Chief Finance Director Police Chief 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 John Solu, representing the San Luis Obispo County Visitors & Conference Bureau, reviewed the VCB quarterly budget report. David Nelson stated the Quintana Road repairs appear to be bumpy. He also said the proposed resolution in opposition to dry -cooling is premature with a workshop on this issue coming next week; he stated this is not a sign of democracy. Bonita Chumey stated Dr. Thomas of the County Health Department will be available at the next Council meeting to report on new findings since his presentation to the City Council. She said air quality issues will be heard at tomorrow's CEC hearings and she encouraged people to attend or watch on Channel 20. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 11, 2002 Kim Kimball, Chamber of Commerce, stating the Blessing of the Fleet will take place on April 21n at the T-Pier. She also acknowledged that the Fishermen's Association donated the proceeds from a barbeque held in October 2001 to the Heroic Firemen of 9-11. Ken Vesterfelt stated he is astonished to hear that the City Council is ambushing the City of Morro Bay, or to hear that the City is being compared to Afghanistan. Nancy Castle, AGP Video, stated the upcoming California Energy Commission meetings will be aired live on Channels 20 and 25. John Barta addressed Item D-1 (Consideration of 2002 Trolley Season) stating the purpose of the trolley should be re-examined or the trolley routes should be shortened. He also referred to Item D-2 (Consideration of the Procedure to Fill a City Council Member Vacancy and Term Limits) stating term limits should not be established. Mayor Anderson closed the public comment hearing. 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 FEBRUARY 25, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 19-02 APPROVING FINDINGS FOR DENYING THE SILVER CITY MOBILEHOME PARK'S REQUEST FOR AN INCREASE IN RENT; (CITY ATTORNEY) RECOMMENDATION: Adopt Resolution No. 19-02. A-3 APPOINTMENT OF A MORRO BAY CITIZEN TO THE SAN LUIS OBISPO COUNTY CITIZEN'S TRANSPORTATION ADVISORY COMMITTEE (CTAC); (ADMINISTRATION) RECOMMENDATION: Appoint Robert Davis as the City representative on ® CTAC, or advise staff to open recruitment to fill this position. qP MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 11, 2002 MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 RESOLUTION NO. 17-02 APPROVING MID -YEAR BUDGET ADJUSTMENTS AND CAPITAL IMPROVEMENT PROJECTS; (FINANCE) Finance Director Jim Koser stated each year the Finance Department, with the assistance of all Department Directors and their staff, prepares an analysis of the current year operating budgets at about the mid -point in the fiscal year to determine what adjustments are needed. In addition, events of the last six months have led the City Council to direct the use of some resources for various purposes such as: the acquisition of the real property at 220 Atascadero Road; the decision to formally intervene in the CEC process; and the completion of a labor agreement with the Police Association are events occurring since the current budget was adopted. Additionally, the City has received new grant ® funding in Recreation & Parks, Police, Fire and Public Services. Mr. Koser reviewed the budget adjustments and Capital Improvement Projects, and recommended the City Council review the proposed mid -year budget adjustments and direct staff regarding funding both the operating budget adjustments and certain Capital Improvement Projects from the projects proposed by Department Directors and supplementing previously approved projects. He also recommended the City Council adopt Resolution No. 17-02 amending the budgets for the current fiscal year in accordance with funding decisions. Mayor Anderson opened the hearing for public comment. Bill Woodson, Public Works Advisory Board Member, referred to the anhydrous ammonia incident, and addressed the need for recycling hazardous materials in Morro Bay. He requested the City Council consider funding for an additional employee in the Fire Department to oversee hazardous waste matters in the City. Nancy Bast requested Council consider lowering water rates. Peter Wagner referred to the unreimbutsable costs incurred on the Duke Energy Project. Bonita Chumey referred to the attorney costs for the Duke Energy Project, and she said the City should demand a budget relating to this project. 11 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 11, 2002 Ken Vesterfelt asked how much has been spent on defending erroneous reports on the Duke Energy Project. Kim Kimball, Chamber of Commerce, stated the Community Promotions Committee has done a great job in promoting the City and obtaining a healthy economy. Michael Pollack, representing Duke Energy, stated Duke is trying to resolve the $500,000 disputed costs with the City. He also agreed that attorney costs should be budgeted. Mr. Pollack referred to the amount of funds Duke Energy contributes to the City's budget through tax revenue. David Nelson asked if the $500,000 is for intervention or is it an expenditure? John Barta requested Council consider the RUDAT projects when considering the budget. Mayor Anderson closed the public comment hearing. Councilmember Peters stated she supports the projects selected. ® Councilmember Peirce stated he supports the report. Councilmember Crotzer stated he supports projects for children. He referred to City facilities and said the City should not put money towards a temporary situation. Councilmember Crotzer stated the City should consider funding for a pool so the children in the community could learn how to swim. He also supports funding for soft surface tennis courts and underground utility lines. Councilmember Crotzer stated let's do something for the residents in our community. Councilmember Elliott stated he supports funding for RUDAT projects. He also said a survey of City equipment and vehicles should be performed. Mayor Anderson stated he also supports RUDAT projects, and would like the teen center to move forward. MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 17-02 amending the budgets for the current fiscal year in accordance with funding decisions. The motion was seconded by Councilmember Peters. Councilmember Crotzer requested an amendment to the motion to include funding $79,000 towards a project such as the soft surface tennis courts. CI ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 11, 2002 VOTE: The motion carried with Councilmember Crotzer and Councilmember Peters voting no. (3-2) Mayor Anderson called for a break at 8:09 p.m.; the meeting resumed at 8:17 p.m. B-2 APPEAL OF PLANNING COMMISSION APPROVAL OF STREET TREE REMOVALS AT 851 MARKET AVENUE; (PUBLIC SERVICES) Mayor Anderson stated he will be stepping down on this item due to a conflict of interest. Acting Public Services Director Bill Omdorff stated on February 4, 2002, the Planning Commission unanimously approved the request by the owners of the property at 851 Market Avenue (the Blue Sail Inn) that they be allowed to remove four red flowering eucalyptus street trees from the public right-of-way at the owner's expense. As a condition of approval the owners were required to plant four new trees and maintain them for three years. Public Services staff had recommended against the removal of trees. Mr. Omdorff stated the owners are concerned the trees are blocking views of the rock and the bay from some of their second and third story units on the east side of Market Avenue. The owners propose to ® replace the existing trees with a species that will be smaller (15 to 20 feet). Mr. Omdorff stated the Public Services staff had inspected the existing trees and they appeared to be sound, healthy specimens ranging in height from 20 feet to approximately 30 feet, and there is no sidewalk damage in the vicinity of the tree wells. Public Services staff has suggested to the owners that they let the existing trees grow and then maintain the canopy so it will be above the sight lines of the second and third floor units. Mr. Orndorff stated the Public Services staffs opinion is that any benefit derived by removing the trees does not warrant the public's loss of four healthy trees. The decision to deny the appeal and allow the trees to be removed is considered to be precedent setting. Mr. Omdorff recommended the City Council uphold the appeal and deny the request to remove the trees. He also recommended that the owners continue to be allowed to trim the trees on a regular basis to minimize the loss of view. Mrs. Hershall, owner of Blue Sail Inn, stated the trees she has proposed to remove are blocking views from portions of the second story rooms and the sidewalk is cracking. She said she spends $2,400 per year to trim these trees. Mrs. Hershall stated she is proposing to replace these trees with smaller trees. Betty Winholtz, appellant, stated the Morro Bay Municipal Code states the following reasons for removing trees in the City: interference towards necessary improvements; installation of public utilities; if it is a hazard to the public; and a hazard to property. She reiterated staff's findings that these trees are sound trees which can grow to be 40 feet high; ® there is no sidewalk damage; views are minimally blocked; with regular maintenance the 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 11, 2002 views can be maintained without removing the trees; and the proposed replacement trees can grow to be 15 to 20 feet tall which will ultimately block the views again. Ms. Winholtz addressed precedent setting by referring to other motels in the City that also have street trees lining their perimeters. She said the loss of these trees would be a disservice to the City and. requested the City Council deny the removal of these trees. Vice -Mayor Peirce opened the hearing for public comment. Robert Leuellen, Manager of Blue Sail Inn, stated the present trees block views from some of the second story rooms and they would like to replace these trees with smaller trees. He said the City rarely trims these trees and the owner has spent $2,400 per year to trim the trees. Mr. Leuellen stated the present trees cause problems to sidewalks, streets, water, sewer and gas lines. He said the City owes it to the tourists to approve the removal of these trees. Nancy Bast stated the owner is the only one who will benefit from the removal of these trees. She said tourists spend most of their time out enjoying the City. Ms. Bast also noted people have commented how beautiful these trees are. ® Melody DeMerritt stated the City should be maintaining these trees. She noted tourists enjoy looking out at trees. David Nelson stated a business owner should not dictate what happens to healthy public trees, and the City should maintain these trees. Vice -Mayor Peirce closed the public comment hearing. Councilmember Cromer stated he supports the appeal. He said these trees are beautiful and found throughout the City, and the owner should allow them to grow beyond the viewscape. Councilmember Crotzer stated the City should maintain these trees on a regular basis. Councihnember Elliott stated the planting of these trees was in the agreement to build the Blue Sail Inn, and these trees have already been replaced once since it was built. He said although these trees can be messy, they are beautiful when in bloom. Councilmember Elliott stated he supports upholding the appeal. Councilmember Peters stated private views are not protected in this City. She said with the proper trimming and patience, these trees will grow beyond the viewscape. Councilmember Peters stated she can not support the removal of healthy trees and supports upholding the appeal. 11 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 11, 2002 Councilmember Peirce stated the proposed "Melaleuca" tree appears to look like a bonsai tree which could create a larger canopy and block the views of the street level rooms. He also said he supports upholding the appeal. MOTION: Councilmember Elliott moved the City Council approve the appeal, and direct staff to refer to Mono Bay Municipal Code Section 12.08.070 and 12.08.080 to clarify that these sections are in conflict. The motion was seconded by Councilmember Crotzer and carved with Mayor Anderson abstaining. (4-0-1) B-3 RESOLUTION NO. 18-02: INTENTION TO APPROVE AN AMENDMENT TO PUBLIC EMPLOYEE'S RETIREMENT SYSTEM CONTRACT; AND ORDINANCE NO. 487 AUTHORIZING AMENDMENT OF CONTRACT WITH PUBLIC EMPLOYEE RETIREMENT SYSTEM TO ADD THE BENEFIT OF 3% AT 50 FOR POLICE MEMBERS — INTRODUCTIONIFIRST READING; (ADMINISTRATION) City Manager Robert Hendrix stated the attached Resolution and first reading of ® Ordinance No. 487 is to enact the benefit provided in Section 13.8.7 of the Memorandum of Understanding between the City and the Peace Officers' Association. The agreement was adopted by the City Council on August 27, 2001 by Resolution No. 58-01. This benefit provides sworn police members 3% of pay at age 50 for each year of service credited with the City; they are currently under a 2% at 50 benefit. The benefit will go into effect July 1, 2002 and police and harbor officers retiring after that date are eligible for the benefit. Mr. Hendrix stated the fiscal impact for this benefit would be $126,690 for fiscal year 2002/03, and these costs will be included in the budget. He recommended the City Council adopt Resolution No. 18-02 approving the Public Employees' Retirement System benefit in accordance with Government Code Section 21362.2 (3% at 50 full formula for local police members only); and approve the first reading and introduction of Ordinance No. 487 to amend the contract with the Public Employees' Retirement System. 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 adopt Resolution No. 18-02: Intention to Approve an Amendment to the Public Employee's Retirement System Contract. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) U ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 11, 2002 MOTION: Councilmember Elliott moved the City Council approve the first reading and introduction of Ordinance No. 487 authoring amendment of contract with Public Employee Retirement System to add the benefit of 3% at 50 for Police Members. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) City Manager Robert Hendrix read Ordinance No. 487 by number and title. B-4 RESOLUTION NO. 20-02 APPROVING FINDINGS IN OPPOSITION TO THE CALIFORNIA ENERGY COMMISSION'S DRAFT POWER PLANT COOLING OPTIONS REPORT FOR THE MORRO BAY POWER PLANT PROJECT; (CITY ATTORNEY) City Attorney Robert Schultz stated the proposed Morro Bay Power Plant Project wants to continue to use a once -through cooling system. The California Energy Commission (CEC) staff has issued a draft report that explores other cooling options for the Morro Bay Power Plant Project. On August 9, 2001, the Planning Commission and the City Council held discussions on alternative cooing options for the proposed Morro Bay ® Power Plant Project. Based on those discussions, the City Council and the Planning Commission each issued resolutions stating the City's opposition to alternative cooling methods for the proposed Mono Bay Power Plant. Mr. Schultz stated City Council Resolution No. 57-01 opposed methods "that would cause or exacerbate adverse effects on visual, noise, air quality, socio-economics, and other local resources compared to the proposed project." Planning Commission Resolution No. 01-01 found that dry cooing "could cause an unsightly and unnecessary [visual] blight on the community", "could cause a potential hardship on the City water supply", "may cause unnecessary noise", "arse excessive amounts of prime land on the Embarcadero", and "could cause an unsightly steam plume." Mr. Schultz recommended the City Council adopt Resolution No. 20-02 announcing findings in opposition to the California Energy Commission Staffs Draft Power Plant Cooling Options Reports for the Morro Bay Power Plant Project. C1 Mayor Anderson opened the hearing for public continent. Kim Kimball, representing the Chamber of Commerce Board of Directors, who expressed opposition to dry cooling. She said dry cooling would grossly violate the City's noise impacts. Peter Wagner reviewed the CEC staff report regarding dry cooling. He requested Council postpone consideration of this issue until after next week's workshop. 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 11, 2002 Bill Woodson stated dry cooling would violate the noise ordinance that is unacceptable. He said the only way to mitigate dry cooling is to encapsulate it. Shoosh Crotzer stated a decision should not be made prior to the workshop. She said the mitigations should be reviewed and pictures should be created of what this could look like in its best scenario. Ken Vesterfelt stated sea water cooling has been cooling the existing plant for 47 years, and there has been no evidence of reduction in overall population of fish. He said the CEC staff acknowledges that the structures need to be 50% larger than presented and it will be ten stories high. Mr. Vesterfelt stated on December 18, 2001 the U.S. Environmental Protection Agency concluded dry cooling is not the best technology available for new power plants. He said independent agencies such as the Morro Bay National Estuary Program do not identify the power plant as a factor threatening the bay. David Nelson stated perhaps the City should consider deindustrializing this land. He said the proposed resolution is only going to benefit Duke Energy. Mr. Nelson asked why hold a workshop if you already have made the decision. is Chuck Meissner quoted from Parkinson's Third Law "delay is the deadliest form of denial". He said all of the delays are only solving everything theoretically. He requested Council vote against the alternative dry cooling method. Garry Johnson stated dry cooling is not feasible, and it will violate the City's noise standards. John Barta stated the noise created by dry cooling would run off tourists. He said it will be incredibly big, ugly and noisy. He urged the City Council approve the resolution before them. Betty Winholtz stated there is a trade off with the inclusion of the dry cooling structures, in that the City would be gaining a view with the demolition of the existing intake structure. She said a different location should be considered if we are concerned with the biology of the bay. Ms. Winholtz addressed the noise issue stating the current power plant violates the noise ordinance. Doug Machado stated a decision should not take place prior to the workshop. He said the majority of the Council should incur a dialogue and come up with what is best for the City. ® Mayor Anderson closed the public comment hearing. 10 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 11, 2002 Councilmember Peters stated the adoption of this proposed resolution is saying dry cooling does not conform to our City's rules and regulations. She said the proposed jet engines will be confined; and in visiting the Crocket Power Plant, the dry cooling fans were very noisy. Councilmember Peters stated the impacts of dry cooling would be a tremendous negative impact towards the tourist industry and our community. Councilmember Elliott stated the workshop is to establish the City's position on dry cooling. He said the Council has continually delayed this process and denied their job by trying to get someone else to make the decisions on this project. Councilmember Elliott stated it is time the Council does their job and support this resolution. Councilmember Crotzer stated the energy use would increase by 1% in terms of reduced efficiency for having dry cooling. He said the partisan side is a corporation that wants to make money in our town. Councilmember Crotzer stated this is sacred Native American site and there should not be a power plant on it. He said he will be voting in opposition to the resolution because there are alternatives to building a power plant without significant impacts to the estuary, and the workshop will reveal what hybrid dry cooling will offer. ® Councilmember Peirce stated in visiting power plants with dry cooling, he witnessed the noise and vibration that are created with dry cooling towers. He said he supports the resolution in opposition to dry cooling. Mayor Anderson stated he supports the proposed resolution. He said this power plant belongs in Morro Bay, and if the new plant is not built, then the old plant will be refurbished. Mayor Anderson stated the existing plant does not have to be compliant; however, the new plant will have to be in compliance. MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 20-02 approving findings in opposition to the California Energy Commission's Draft Power Plant Cooling Options Report for the Morro Bay Power Plant Project. The motion was seconded by Councilmember Elliott and carried with Councilmember Crotzer voting no. (4-1) Mayor Anderson called for a break at 10:15 p.m.; the meeting resumed at 10:23 p.m. E 11 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 11, 2002 C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS City Attorney Robert Schultz reviewed the progress report on the Duke Energy Power Plant Project for public information. This was an informational item, and no action was taken on this item D. NEW BUSINESS D-1 CONSIDERATION OF 2002 TROLLEY SEASON; (ADMINISTRATION) Management Analyst Janeen Burlingame stated on July 23, 2001 the City Council approved expansion of the new route to include five additional stops along north Main ® Street. She said the Public Works Advisory Board considered changes to the 2002 trolley season at it February 26, 2002 meeting. Ms. Burlingame stated the Public Works Advisory Board recommended the City Council approve the following regarding routing, hours, and fares for the 2002 trolley season: 1) Continue to stop at the Museum of Natural History during its renovation and provide additional signage; 2) Reduce Friday evening hours to 8:00 p.m. and review prior to 2003 season; and 3) Change fare to 50 cents per ride, have all day ticket for $1.00 and review prior to 2003 season. Councilmember Elliott stated San Luis Obispo Council of Governments has authorized the purchase of a new trolley. He said it would be reasonable to sell the 1985 trolley and use the funds to subsidize the system. Councilmember Elliott stated the trolley should provide access to the downtown area, the State Parks and the Embarcadero. He said the trolley is not designed to meet all transit needs. Councilmember Elliott said businesses should be encouraged to stay opened during the evening hours when the trolley is operating. Councilmember Peirce stated renting the trolley is 40% of its income, and the City will be obtaining a federally -funded trolley. He said he supports the Public Works Advisory Board recommendations. WA ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 11, 2002 Councilmember Peters stated she supports the increase in fare to 50 cents and $1.00 per day, and the hours of operation. She said the trolley should stop at the museum and the campground. Councilmember Peters stated she supports the Public Works Advisory Board recommendations. Councilmember Crotzer stated the hours of operation should be consistent in order to be easily remembered by the riders. He said the Morro Strand State Beach should be included in the trolley route. Councilmember Crotzer stated he hesitates to support the 50 cent increase in fare but supports the $1.00 all day pass. Mayor Anderson stated he supports the Public Works Advisory Board recommendations with the inclusion of the State Park Campground trolley stop. Mayor Anderson stated he supports the 50 cent increase in fare. MOTION: Councilmember Peters moved the City Council accept the Public Works Advisory Board recommendations with the fare to remain at 25 cents and $1.00 for an all day pass, and also investigate the State Park trolley stop. The motion was seconded by Councilmember Crotzer. is Mayor Anderson stated he would prefer to change the fare to 50 cents and will vote in opposition. Councilmember Elliott stated he would want to eliminate the Main Street at Bonita and Jamaica Streets from the route. Councilmember Crotzer called the question. VOTE: The motion carried with Mayor Anderson voting no. (4-1) D-2 CONSIDERATION OF THE PROCEDURE TO FILL A CITY COUNCIL MEMBER VACANCY AND TERM LIMITS; (CITY ATTORNEY). City Attorney Robert Schultz reviewed the City's current policies and procedures regarding filling City Council vacancy and term limits. He said currently, pursuant to the Council Policies & Procedures, if a vacancy occurs on the Council, the Council will appoint a replacement member. However, pursuant to Government Code Section 36512, a special election may be held to fill the vacancy. Mr. Schultz stated the City does not currently have term limits for the Mayor or Council members. He reviewed a poll taken of surrounding cities regarding both term limits and council vacancies. Mr. Schultz recommended the City Council review its current policies and procedures regarding ® council vacancies and term limits, and direct staff accordingly. 13 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 11, 2002 Councilmember Peters stated she requested this item be agendized for consideration prior to the next election. She clarified her request for discussion on term limits was related to commission and advisory board members. Councilmember Crotzer reviewed the democratic process and instant run-off vote process that was recently enacted in the City of San Francisco. He said it is a huge step forward in democracy. Councilmember Elliott stated it is improper to believe the third vote getter is the will of the electorate. He said the only resolution to appointing someone to an elected position would be to hold a special election, which is a waste of the taxpayer's money. Councilmember Peirce stated a special election could not by law occur immediately. He said flexibility in polling citizens would best serve the community. Mayor Anderson stated he finds the current system works well. No action was taken on this item. ® F. ADJOURNMENT The meeting adjourned at 10:40 p.m. Recorded by: Bridgett Bauer City Clerk 11 14 ® 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 25, 2002 CLOSED SESSION - FEBRUARY 25, 2002 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 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. Ccv_j Pro : Water Outfall Line Easement. Neeotiatine Parties: Duke Energy and the City of Morro Bay. Ne:?otiations: Renegotiation and extension of terms and conditions of lease agreement. Discussion regarding litigation as to one (1) matter • In the matter of Duke Energy Power Plant Project. CS-3 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES. • Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Attorney. E ® CS4 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 fifteen (15) parcels. Voluntary Purchase and Sale • 950/960 Napa Avenue • 505 Harbor Street • 980 Napa Street • 590 Embarcadero Shell Shop Parking Lot • Lots on Monterey Avenue/Harbor Street (Jorge) • Comer of Market/Pacific Streets • Embarcadero/Pdcific Street • 552 Dunes Street • Vacant Lot on Corner of Mono Avenue/Harbor Street • 525 Harbor Street • 859 Market Street (Old Brannigans) a 714 Embarcadero (Bay View RV Park) • 1130 Napa Avenue (Mono Elementary) • 490 Quintana Road (Vons Market) • 500 Quintana Road ITAS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. ® PUBLIC SESSION - FEBRUARY 25, 2002 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 I I, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT — JANUARY 2002; (FINANCE) RECOMMENDATION: Receive for information. 3 ® A-3 EXPENDITURE REPORT — JANUARY 2002; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 12-02 AUTHORIZING SUBMISSION OF APPLICATION FOR A FEDERAL TRANSIT ADMINISTRATION SECTION 5311 GRANT TO PURCHASE ONE WHEELCHAIR ACCESSIBLE TROLLEY AND ONE COMPUTER FOR THE TRANSIT MANAGER; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 12-02. A-5 RESOLUTION NO. 13-02 APPROVING A SIX MONTH EXTENSION TO THE CABLE FRANCHISE AGREEMENT; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 13-02. A-6 RESOLUTION NO. 14-02 APPROVING PROHIBITION OF ON -STREET PARKING ON MAIN STREET BETWEEN ELENA AVENUE AND PICO STREET: AND RESOLUTION NO. 15-02 APPROVING PROHIBITION OF ON -STREET PARKING ON QUINTANA ROAD WEST OF MORRO BAY BOULEVARD; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution Nos. 14-02 and 15-02. ® A-7 RESOLUTION NO. 16-02 APPROVING A FOUR MONTH EXTENSION AND AMENDMENT FOR THE 590 MORRO BAY BOULEVARD PUBLIC SERVICES BUILDING; (CITY ATTORNEY) r� L RECOMMENDATION: Adopt Resolution No. 16-02. A-8 PROCLAMATION DECLARING MARCH 2O02 AS "GRAND JURY AWARENESS MONTH"; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 ANNUAL WATER REPORT ON CITY WATER SUPPLY/DEMAND STATUS AND RECOMMENDATIONS FOR WATER ALLOCATION FOR NEW DEVELOPMENT IN CALENDAR YEAR 2002; (PUBLIC SERVICES) RECOMMENDATION: Receive public testimony, and accept the Planning Commission's recommendation with minor modifications as deemed appropriate. 2 IC C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS RECOMMENDATION: D. NEW BUSINESS Receive for information. D-1 PRESENTATION BY COUNTY HEALTH OFFICER REGARDING THE MAYOR'S. INQUIRY ON HEALTH ISSUES RELATED TO THE MORRO BAY POWER PLANT; (ADMINISTRATION) RECOMMENDATION: Receive presentation, discuss and direct staff accordingly. D-2 REVIEW OF CITY COMMENTS TO MONTEREY BAY NATIONAL MARINE SANCTUARY MANAGEMENT PLAN; (HARBOR) RECOMMENDATION: Review prior correspondence regarding the MBNMS management plan update and, if deemed appropriate, take action to clarify the City's position on this issue. 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 — FEBRUARY 25, 2002 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 Cromer 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) Mayor Anderson read the Closed Session statement. ® 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 one (1) parcel. CS-2 • Pro : Water Outfall Line Easement. Neeotiating Parties: Duke Energy and the City of Morro Bay. Negotiations: Renegotiation and extension of terms and conditions of lease agreement. regarding litigation as to one (1) matter • In the matter of Duke Energy Power Plant Project. Discussion CS-3 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES. • Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Attorney. 11 ® CS-4 GOVERNMENT CODE SECTION 54956.8; KL' AL rKVrhKl Y 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 fifteen (15) parcels. Voluntary Purchase and Sale • 950/960 Napa Avenue • 505 Harbor Street • 980 Napa Street • 590 Embarcadero Shell Shop Parking Lot • Lots on Monterey Avenue/Harbor Street (Jorge) • Corner of Market/Pacific Streets • Embarcadero/Pacific Street • 552 Dunes Street • Vacant Lot on Comer of Morro Avenue/Harbor Street • 525 Harbor Street • 859 Market Street (Old Brannigans) • 714 Embarcadero (Bay View RV Park) • 1130 Napa Avenue (Morro Elementary) 490 Quintana Road (Vons Market) • 500 Quintana Road ® 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. L-J ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 25, 2002 VETERANS MEMORIAL HALL - 6:00 P.M. 2 Mayor Anderson called the meeting to order at 6:12 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 Greig Cummings William Omdorff Steve Knuckles Jim Koser Andrea Lueker City Manager City Attorney City Clerk Harbor Director Capital Projects Manager Management Analyst Planning Manager Acting Public Services Director Acting Fire Chief Finance Director 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 expressed opposition to the expansion of the Monterey Bay National Marine Sanctuary: Ken Wise, Craig Barbre, Dannie Rodgers -Tope, Jack Hansen, Jim Mauney, Ed Ewing, Joe Nungary, Butch Snap, Jeremiah O'Brien, Mark Tognazzini and Tom Roth. The following people expressed support for the expansion of the Monterey Bay National Marine Sanctuary: Peter Wagner, Nelson Sullivan and Richard Smith. Jim Wood suggested the City Council make a clear decision on the marine sanctuary issue tonight. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 25, 2002 Phil Hill stated he has no concern with coastal marine issues in Morro Bay. He said Mayor Anderson has never said anything that was not in the interest of the citizens of Morro Bay. Arby Kitzman thanked the City for their efforts. Bob Carr, Air Pollution Control District representative, reviewed a report prepared on air quality in San Luis Obispo County. He said the report shows that particulate matter is accumulated through outside sources. Pat Mullen, Duke Energy representative, stated the dry -cooling alternative could violate various city standards. He said dry -cooling structures could also create negative visual impacts. Melody DeMerritt addressed the recent tree removals in Morro Bay. She said she is sending a document to the State Arborist who submits applications to the Arbor Day Foundation who declares cities "Tree City USA". She asked what is done to declare if a tree is creating sewer problems, and also asked if the City obtained a Coastal ® Development permit to remove the bluff top trees. Ms. DeMerritt asked if the City has a master tree list. u Nancy Dunn addressed the removal of healthy trees in front of Blue Sail Inn. She stated trees contribute to a healthy environmental. Ms. Dunn asked if alternative solutions were considered prior to the removal of the trees on bluff and downtown area. David Nelson stated he would like to know more about the City's endeavors in real estate. He addressed the proposed Duke Energy power plant and said he would prefer the dry -cooling alternative than what is proposed. Henrietta Groot stated the California Energy Commission has organized a workshop in March regarding the dry -cooling alternative. She said the City Council should not make a decision on this issue until after the workshop is held. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Crotzer requested to agendize support for legislation and funding for electronic -waste recycling. Mayor Anderson supported Councilmember Crotzer's request. 17 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 25, 2002 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 11, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT — JANUARY 2002; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT — JANUARY 2002; (FINANCE) RECOMMENDATION: Approve as submitted. ® A4 RESOLUTION NO. 12-02 AUTHORIZING SUBMISSION OF APPLICATION FOR A FEDERAL TRANSIT ADMINISTRATION SECTION 5311 GRANT TO PURCHASE ONE WHEELCHAIR ACCESSIBLE TROLLEY AND ONE COMPUTER FOR THE TRANSIT MANAGER; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 12-02. A-5 RESOLUTION NO. 13-02 APPROVING A SIX MONTH EXTENSION TO THE CABLE FRANCHISE AGREEMENT; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 13-02. A-6 RESOLUTION NO. 14-02 APPROVING PROHIBITION OF ON -STREET PARKING ON MAIN STREET BETWEEN ELENA AVENUE AND PICO STREET; AND RESOLUTION NO. 15-02 APPROVING PROHIBITION OF ON -STREET PARKING ON QUINTANA ROAD WEST OF MORRO BAY BOULEVARD; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution Nos. 14-02 and 15-02. n W ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 25, 2002 A-7 RESOLUTION NO. 16-02 APPROVING A FOUR MONTH EXTENSION AND AMENDMENT FOR THE 590 MORRO BAY BOULEVARD PUBLIC SERVICES BUILDING; (CITY ATTORNEY) RECOMMENDATION: Adopt Resolution No. 16-02. A-8 PROCLAMATION DECLARING MARCH 2O02 AS "GRAND JURY AWARENESS MONTH"; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. Councilmember Peters pulled Items A-3, A-5 and A-6 from the Consent Calendar. Councilmember Crotzer stated he would be voting in opposition of Item A-7 because he feels the City should have moved more expeditiously in housing the Public Services Department. MOTION: Councilmember Elliott moved the City Council approve the Consent ® Calendar with the exception of Items A-3, A-5, A-6 and A-7. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-3 EXPENDITURE REPORT — JANUARY 2002; (FINANCE) Councilmember Peters reviewed specific costs listed in the expenditure report for public information. 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-5 RESOLUTION NO. 13-02 APPROVING A SIX MONTH EXTENSION TO THE CABLE FRANCHISE AGREEMENT; (ADMINISTRATION) Councilmember Peters requested clarification on the request for a six-month extension to the Cable Franchise agreement. Management Analyst Janeen Burlingame reviewed the process of the Cable Franchise agreement with Charter Communications. 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) 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 25, 2002 A-6 RESOLUTION NO. 14-02 APPROVING PROHIBITION OF ON -STREET PARKING ON MAIN STREET BETWEEN ELENA AVENUE AND PICO STREET; AND RESOLUTION NO. 15-02 APPROVING PROHIBITION OF ON -STREET PARKING ON QUINTANA ROAD WEST OF MORRO BAY BOULEVARD; (PUBLIC SERVICES) Councilmember Peters asked if the merchants along the proposed routes are aware of this proposal for parking prohibition. Capital Projects Manager Bill Boucher answered in the affirmative. MOTION: Councilmember Peters moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carved unanimously. (5-0) A-7 RESOLUTION NO. 16-02 APPROVING A FOUR MONTH EXTENSION AND AMENDMENT FOR THE 590 MORRO BAY BOULEVARD PUBLIC SERVICES BUILDING; (CITY ATTORNEY) ® MOTION: Councilmember Peirce moved the City Council approve Item A-7 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried with Councilmember Crotzer voting no. (4-1) B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 ANNUAL WATER REPORT ON CITY WATER SUPPLY/DEMAND STATUS AND RECOMMENDATIONS FOR WATER ALLOCATION FOR NEW DEVELOPMENT IN CALENDAR YEAR 2002; (PUBLIC SERVICES) Planning Manager Greig Cummings reviewed the annual water report for Council and public information. He said the Planning Commission reviewed the annual water report on January 22, 2002. He said the Planning Commission approved a motion to recommend adoption of staff s recommendations of the staff report prepared for the Commission dated January 22, 2002. Mr. Cummings stated the City Council approved exceptions to the standard building process to allow construction of 33 units in a single phase at their September 3, 2001 meeting. He recommended the City Council open the public hearing and receive public testimony, and accept the Planning Commission's recommendation with minor modifications related to including the three affordable units as part of the Cohner/Caratan project. Capital Projects Manager Bill Boucher reviewed rebate programs offered by the City. He ® also reviewed historical and present water consumption and sources used by the City. 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 25, 2002 Mayor Anderson opened the hearing for public comment John Barta stated the drop in water consumption could be attributable to the valve replacement in the Morro well fields. He said it is not necessary to allocate 77 water equivalency units because that figure was based on Measure F standards that expired in 2000. Betty Winholtz asked if the 77 water equivalency unit limit is issued on a first come/first serve basis, and is consideration given to low income housing projects. Nancy Bast asked if the requirements of Measure F is legally off the books since it is expired. She also asked if the water used to flush the MtBE was paid by Shell. Mayor Anderson closed the public comment hearing. Councilmember Peirce stated he supports the Planning Commission recommendation, but not use the 77 water equivalency units and make allocations based on available water. ® Councilmember Crotzer stated the debate on how reliable State Water is has been forgotten. He said drought buffers and contracts for use of other water sources are needed to cover undeliverable State Water. Councilmember Crotzer stated recent analysis also requires the use of the City's desalination plant. Councilmember Elliott addressed allocation for low -moderate income housing projects. Councilmember Peters stated she supports the Planning Commission recommendations, and said with the tracking of water it is safe to eliminate the requirements of Measure F. Mayor Anderson stated the City is in a better position than any city in the county with its diversity of water sources. MOTION: Councilmember Elliott moved the City Council: a) accept the staff recommendations pursuant to the procedures established in Ordinance No. 266 (Measure F) as amended; and b) refer to staff the Planning Commission's recommendation to consider eliminating the 77 unit per year limit in the future and review each project as it comes in regards to water use but continue the annual water report as required by Ordinance No. 266 (Measure F). The motion was seconded by Councilmember Peters. Councilmember Crotzer stated he would support the motion if it does not include item (b). E, ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 25, 2002 VOTE: The motion carried with Councilmember Crotzer and Councilmember Peters voting no.(3-2) Mayor Anderson called for a break at 8:10 p.m.; the meeting resumed at 8:20 p.m. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS City Attorney Robert Schultz reviewed the progress report on the Duke Energy Power Plant Project for public information. Michael Pollack, Duke Energy, introduced Vic Montgomery and associates from RRM Design who reviewed a proposed plan for the intake structure. ® This was an informational item, and no action was taken on this item. D. NEW BUSINESS D-1 PRESENTATION BY COUNTY HEALTH OFFICER REGARDING THE MAYOR'S INQUIRY ON HEALTH ISSUES RELATED TO THE MORRO BAY POWER PLANT; (ADMINISTRATION) Dr. Greg Thomas, San Luis Obispo County Health Officer, at the request of the City Council, provided a public health response to the concerns raised by the Coastal Alliance on Plant Expansion (CAPE) regarding potential health risks associated with the Duke Energy Power Plant emissions. Dr. Thomas stated that currently the California Air Resources Board, in consultation with the Office of the Environmental Health Hazard Assessment, is reviewing the state ambient air quality standards for particulate matter and sulfates as required by the Children's Environmental Health Protection Act (SB25). He said a comparison of PM-10 emissions from the Duke Energy Power Plant and the State Annual PM-10 Average Air Monitoring Results for Morro Bay do not show any correlation. Dr. Thomas said as the tons of emission of PM-10 per year increased from 60 tons per year in 1977 to 195 tons per year in 2000, the State Annual Average air monitoring results for PM-10 in Morro Bay remained under the State Standard of 50 micrograms per cubic meter. He said due to concerns by various individuals about possible increases of cancer in Morro Bay, an assessment of cancer was completed in May, 1999 by Dr. Kiumarss Nasseri. A comparison of the observed and expected ® numbers for invasive cancer incidence in Morro Bay was completed. Dr. Nasseri 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 25, 2002 concluded that residents of Morro Bay do not seem to have experienced higher cancer incidence in the past ten years compared to residents in other parts of the Tri-Counties Region (which includes San Luis Obispo County, Santa Barbara County, and Ventura County). This was an informational item, and no action was taken on this item. D-2 REVIEW OF CITY COMMENTS TO MONTEREY BAY NATIONAL MARINE SANCTUARY MANAGEMENT PLAN; (HARBOR) Mayor Anderson stated he has requested this item be re-agendized for further review and action, if deemed appropriate, by the City Council to clarify the City's position on the Monterey Bay National Marine Sanctuary Management Plan Update. MOTION: Mayor Anderson moved the City Council oppose the southern expansion of the Monterey Bay National Marine Sanctuary. ® Councilmember Crotzer stated he does not see that the action taken by the City Council at its last meeting was unclear. He said this issue has been scheduled as a public hearing in the past, and it is not appropriate to address it without allowing public comment. Councilmember Peirce requested the motion be restated. MOTION: Mayor Anderson moved the City Council oppose the southern expansion of the Monterey Bay National Marine Sanctuary. The motion was seconded by Councilmember Elliott. Councilmember Elliott stated the marine sanctuary plan is a bureaucratic mess. He said he will vote in opposition until federal agencies get their act together. Councilmember Peirce stated previously he stated he would support a marine sanctuary off -shore only with local control. He said the government at this point is taking public input which then will go to Washington, D.C., and he now realizes local control cannot happen. Councilmember Peters stated she thought the motion made at the last meeting was clear and to the point. She said the decision was based only on the points made by the City of Monterey. Councilmember Peters stated consideration of local needs should not take place until the plan is complete. 10 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 25, 2002 Councilmember Cromer stated the prior motion was critical if not caustic. He said he will not support the motion on the floor because it's intent is to cover the mayor's backside. Councilmember Crotzer stated people want to protect the environment which would receive a huge popular vote if put before the people in the county. He said the intent tonight is to change the clearly deliberated motion made at the last Council meeting that he will not support. MOTION: Councilmember Crotzer moved to lay this issue on the table. The motion was seconded by Councilmember Peters. Councilmember Crotzer stated he would like all parties involved to be present for public input before a decision is made. City Attorney Robert Schultz clarified the motion based on Roberts Rules of Order. Councilmember Peters withdrew her second to the motion. The motion died for lack of a second. ® Mayor Anderson reviewed the process taken by the voting committee of the Monterey Bay National Marine Sanctuary that has been noted to be unacceptable. He said a strong statement should be made in opposition to the expansion of this marine sanctuary. E Councilmember Elliott expressed his opposition to the expansion of the marine sanctuary. Councilmember Peters stated support was made only to the points made by the City of Monterey. Councilmember Peirce stated legislators in Washington, D.C. will not bother to ask percussion to expand the marine sanctuary. Councilmember Crotzer called the question. VOTE: The motion carried with Councilmember Cromer and Councilmember Peters voting no. (3-2) 11 © MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 25, 2002 Mayor Anderson re -opened the hearing for public comment. Mandy Davis stated the Council's action taken two weeks ago on the marine sanctuary was clear, and the mayor had a prepared statement that was contrary to that vote. She said she believes the mayor has over -stepped his boundaries and showed disregard for the public process, and she asked for a public apology. Ms. Davis referred to the dredging process and issues relating to lack of supervision. She said she is speaking for the silent majority that happens to be the creatures and critters that cannot speak for themselves, and the disregard taken by the City in the recent removal of trees. Nancy Barta, Morro Bay Public Art Foundation representative, stated the foundation would like to take part in the design concept of the intake building. F. ADJOURNMENT The meeting adjourned at 9:45 p.m. Recorded by: Bridgett Bauer City Clerk U] 12 ® NOTICE OF SPECIAL CLOSED SESSION MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Closed Session Meeting on Wednesday, February 20, 2002 at 6:00 a.m. to be held in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be considering the following issues: 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 one (1) parcel. • Pro e : Water Outfall Line Easement. Negotiating Parties: Duke Energy and the City of Morro Bay. ® Negotiations: Renegotiation and extension of terms and conditions of lease agreement. CS-2 GOVERNMENT CODE SECTION 54956.9; CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. Discussion regarding litigation as to one (1) matter • In the matter of Duke Energy Power Plant Project. CS-3 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES. • Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Attorney. DATED: February 14, 2002 ® Bridgett uer, 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 — FEBRUARY 11, 2002 CLOSED SESSION - FEBRUARY 11, 2002 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 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: Water Outfall Line Easement. Negotiating Parties: Duke Energy and the City of Morro Bay. Negotiations: Renegotiation and extension of terms and conditions of lease agreement. CS-2 GOVERNMENT CODE SECTION 54956.9; CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. Discussion regarding litigation as to one (1) matter In the matter of Duke Energy Power Plant Project. CS-3 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES. • Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Attorney. ® IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. ® PUBLIC SESSION - FEBRUARY 11, 2002 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 SPECIAL MEETING OF JANUARY 23, 2002 AND THE REGULAR MEETING OF JANUARY 28, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 SECOND YEAR BUDGET PROCESS AND CALENDAR; (FINANCE) RECOMMENDATION: Approve as submitted. E ® A-3 RESOLUTION NO. 11-02 APPROVING A NEW LEASE AGREEMENT FOR LEASE SITE 82-85/82 W-85 W LOCATED AT 725 EMBARCADERO; (HARBOR) RECOMMENDATION: Adopt Resolution No. 11-02. A4 RESOLUTION NO. 09-02 APPROVING AN AGREEMENT REGARDING DEED OF TRUST: LESSOR'S ACKNOWLEDGEMENT, CONSENT AND AGREEMENT — LEASE SITE 89/89W LOCATED AT 845 EMBARCADERO; (HARBOR) RECOMMENDATION: Adopt Resolution No. 09-02. A-5 AWARD OF WASTEWATER TREATMENT PLANT SECONDARY CLARIFIER DRIVE UNIT REPLACEMENT CONTRACT: (PUBLIC SERVICES) RECOMMENDATION: Award the project contract to Kaweah Construction Company in the amount of $45,965.00. A-6 TROLLEY 2001 SEASON SUMMARY REPORT; (ADMINISTRATION) RECOMMENDATION: Receive for information. A-7 RESOLUTION NO. 10-02 OBLIGATING FUNDS FOR WATER PROJECTS ® TO MITIGATE IMPACTS OF GROUNDWATER CONTAMINATION PURSUANT TO STIPULATED AGREEMENT BETWEEN CITY OF MORRO BAY AND EQUILON/EQUIVA; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 10-02. B. PUBLIC HEARINGS. REPORTS &APPEARANCES B-1 APPLICATION FOR HARDSHIP EXCEPTION TO MOBILEHOME RENT CONTROL ORDINANCE; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS RECOMMENDATION: Receive for information. a] 3 ® C-2 AUTHORIZATION FOR THE MAYOR AND HARBOR DIRECTOR TO ATTEND THE ANNUAL C-MANC WASHINGTON WEEK MEETINGS IN WASHINGTON, D.C.; (HARBOR) RECOMMENDATION: Approve travel expenses from Harbor Department funds for the Mayor and Harbor Director to attend C-MANC's Washington Week meetings held March 18-21, 2002. 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. 9 ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION — FEBRUARY 11, 2002 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m. C002" STAFF: CLOSED SESSION Rodger Anderson Colby Crotzer Dave Elliott William Peirce Janice Peters 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 Peters and unanimously carried. (5-0) Mayor Anderson read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY isTRANSACTIONS. 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 one (1) parcel. • Property: Water Outfall Line Easement. Neeotiatine Parties: Duke Energy and the City of Morro Bay. Neeotiations: Renegotiation and extension of terms and conditions of lease agreement. CS-2 GOVERNMENT CODE SECTION 54956.9; CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. Discussion regarding litigation as to one (1) matter • In the matter of Duke Energy Power Plant Project. CS-3 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES. • Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Attorney. 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) 0 The meeting adjourned at 5:55 p.m. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 11, 2002 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 Janeen Burlingame Management Analyst Jim Koser Finance Director Joe Loven Police Chief Andrea Lueker Recreation & Parks Director Bill Omdorff Interim Public Services 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 stated the City Council met in Closed Session, and no reportable action was taken. PUBLIC COMMENT Betty Forsythe, Morro Bay Friends of the Library, announced a Valentine's Day event that will be held at the local library. Ken Vesterfelt announced the 60'h wedding anniversary of Warren and Phyllis Dom. Betty Winholtz requested clarification on the Colmer Precise Plan approved by the Planning Commission that included plans for a cement apron that would extend into the street for pedestrian use. . She questioned this amendment to the plan that was made without appropriate public notice. Ms. Winholtz addressed the removal of five healthy trees for four parking spaces on City property. She also addressed the removal of four healthy trees in front of the Blue Sail Inn on Market Street, and asked if this item can be agendized without an appeal, and should this be an issue for the Public Works Advisory Board review ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 11, 2002 Peter Wagner stated he likes the new garbage service. He also referred to Item C-2 (Authorization for the Mayor and Harbor Director to Attend the Annual C-MANC Washington Week Meetings in Washington, D.C.) and asked if this trip was included in the current budget. Melody DeMerritt addressed the recent removal of trees in the City, and if it meets the standards of Morro Bay's status as "Tree City USA". She suggested a sub -committee be formed to review the City's tree policy. Jim Wood urged approval of Item C-2. Nancy Dunn expressed concern with recent tree removals in the City, and its impact on a healthy environment. She suggested adopting a tree ordinance. David Nelson referred to the air quality impacts to neighboring communities due to the Duke Energy Power Plant Project. ® Steve Goschke, Power Plant Manager, stated air quality emissions would not have a significant effect on public health in the City. V] Brent Johns thanked the interveners who have attended the CEC meetings for their time and efforts in educating the public on the Duke Energy Power Plant Project. Don Maruska addressed the closing of the Morro Elementary School and recommended the City consider the vacant Morro Elementary site for a civic center. He said the City and school district should work together on this win -win opportunity. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Crotzer requested consideration of adopting a tree ordinance that will fit in the guidelines of the "Tree City USA" status; Councilmember Peters supported this request. Mayor Anderson requested discussion and a presentation by the County Health Department on health impact concerns caused by the Duke Energy Power Plant Project. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 11, 2002 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 SPECIAL MEETING OF JANUARY 23. 2002 AND THE REGULAR MEETING OF JANUARY 28, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 SECOND YEAR BUDGET PROCESS AND CALENDAR; (FINANCE) RECOMMENDATION: Approve as submitted. A-3 RESOLUTION NO. 11-02 APPROVING A NEW LEASE AGREEMENT FOR LEASE SITE 82-85/82W-85W LOCATED AT 725 EMBARCADERO; (HARBOR) ® RECOMMENDATION: Adopt Resolution No. 11-02. A4 RESOLUTION NO. 09-02 APPROVING AN AGREEMENT REGARDING DEED OF TRUST: LESSOR'S ACKNOWLEDGEMENT, CONSENT AND AGREEMENT — LEASE SITE 89/89W LOCATED AT 845 EMBARCADERO; (HARBOR) RECOMMENDATION: Adopt Resolution No. 09-02. A-5 AWARD OF WASTEWATER TREATMENT PLANT SECONDARY CLARIFIER DRIVE UNIT REPLACEMENT CONTRACT; (PUBLIC SERVICES) RECOMMENDATION: Award the project contract to Kaweah Construction Company in the amount of $45,965.00. A-6 TROLLEY 2001 SEASON SUMMARY REPORT; (ADMINISTRATION) RECOMMENDATION: Receive for information. 9 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 11. 2002 A-7 RESOLUTION NO. 10-02 OBLIGATING FUNDS FOR WATER PROJECTS TO MITIGATE IMPACTS OF GROUNDWATER CONTAMINATION PURSUANT TO STIPULATED AGREEMENT BETWEEN CITY OF MORRO BAY AND EQUILON/EQUIVA; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 10-02. Councilmember Peters pulled Item A-1 from the Consent Calendar; Councilmember Peirce pulled Item A-2; Mayor Anderson pulled Items A-3 and AA; and Councilmember Elliott pulled Item A-7. MOTION: Councilmember Crotzer moved the City Council approve Items A-5 and A-6 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-1 APPROVAL OF MINUTES FOR THE SPECIAL MEETING OF JANUARY 23, 2002 AND THE REGULAR MEETING OF JANUARY 28. 2002; ® (ADMINISTRATION) Councilmember Peters requested amendments to the January 23, 2002 and the January 28, 2002 minutes. The City Clerk noted the amendments have been made and presented to Council for their approval. MOTION: Councilmember Peters moved the City Council approve Item A-1 of the Consent Calendar as amended. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) A-2 SECOND YEAR BUDGET PROCESS AND CALENDAR; (FINANCE) Councilmember Peirce stated the City Council did not take action on the second year budget while reviewing last year's budget. Councilmember Elliott agreed that items prioritized last year should come back for reconsideration during this year's budget discussion. 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) 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 11. 2002 A RESOLUTION NO. 11-02 APPROVING A NEW LEASE AGREEMENT FOR LEASE SITE 82-85/82W-85W LOCATED AT 725 EMBARCADERO; (HARBOR) Mayor Anderson stepped down due to a conflict of interest. Councilmember Peters noted a correction in the staff report relating to the dollar amount under "Term'; Council and staff concurred with this correction. MOTION: Councilmember Elliott moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried with Mayor Anderson abstaining. (4-0-1) A4 RESOLUTION NO. 09-02 APPROVING AN AGREEMENT REGARDING DEED OF TRUST: LESSOR'S ACKNOWLEDGEMENT, CONSENT AND AGREEMENT — LEASE SITE 89/89W LOCATED AT 845 EMBARCADERO; (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-7 RESOLUTION NO. 10-02 OBLIGATING FUNDS FOR WATER PROJECTS TO MITIGATE IMPACTS OF GROUNDWATER CONTAMINATION PURSUANT TO STIPULATED AGREEMENT BETWEEN CITY OF MORRO BAY AND EQUILON/EQUIVA; (PUBLIC SERVICES) Councilmember Elliott asked how the GIS system relates to the Equilon/Equiva issue. City Manager Robert Hendrix clarified that the GIS system would create a database for the City's water system. MOTION: Councilmember Elliott moved the City Council approve Item A-7 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carved unanimously. (5-0) Mayor Anderson called for a break at 7:07 p.m.; the meeting resumed at 7:17 p.m. n ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 1 I, 2002 B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 APPLICATION FOR HARDSHIP EXCEPTION TO MOBILEHOME RENT CONTROL ORDINANCE; (ADMINISTRATION) City Manager Robert Hendrix stated the City of Morro Bay adopted the Mobilehome and Recreational Vehicle Park Rent Stabilization Ordinance in 1986. The purpose of the ordinance is to protect tenants from space rent increases brought on by the lack of additional vacant spaces through regulating and stabilizing space rentals for mobile homes and recreational vehicles occupied as a permanent residence. The ordinance also expresses its intent to provide fair and equitable treatment for park owners and operators by providing for them to operate profitably. Mr. Hendrix stated the main test of an exception request under the ordinance is whether the exception would be required in order for the owner/operator to earn a "just and reasonable return on the owners property." He noted the petitioner has provided a significant amount of anecdotal evidence related to the 1995 flooding of his property and its subsequent repair. The petitioner has submitted evidence of a low interest, federally assisted loan and an opinion ® from a CPA firm. Absent from the material submitted is comprehensive financial data that would allow for the Council to independently affirm the profitability of the enterprise. The absence of this information is a conscious decision of the petitioner for confidentiality reasons. Mr. Hendrix recommended the City Council review all the information submitted or provided in the hearing, and make a determination based upon the criteria in Ordinance Section 5.32.150, if a hardship exception rent increase in the amount requested is appropriate. Murray Warden, representing the owner of Silver City Mobile Manor, stated the City's. ordinance is ambiguous and not clearly written. He said the owner would like to restore costs from the 1995 flood damage; recovery being made at the direction of state and local agencies. Mr. Warden stated the owner is not asking for a profit, but only to recover costs. He said the amount requested is $995,000 pro -rated against all spaces in the park that calculates to approximately $35 per space. Mr. Warden said there is no reasonable return or investment in this case. He said the tax records were provided to the City for review. Mr. Warden stated an appraisal was made in 1985 valued the park at $3,000,000. He said after the flood and after the repairs were made, another appraisal was made in 1985 and its value was $3,340,000 that showed a $340,000 increase in value. Mr. Warden stated the appraisal did not reflect the $1 million in repairs made after the flood. He said this request is for rehabilitation reimbursement and is not a rent increase. John Belsher, Attorney representing the Silver City Mobile Home Owners Association, stated many of the residents at the Silver City Mobile Manor object to the proposed rent ® increase. He said the park owner has refused to open his books to the City Council, and VA ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 11, 2002 therefore, it is not possible to determine whether the owner has incurred a "hardship" and whether this rent increase is necessary to achieve a "just and reasonable return on the property'. Mr. Belsher noted the impact of the flooding on this park affected far fewer units than the area of improvements claimed as necessary capital expenses. He said the park owner basically has extended deferred maintenance into a "capital improvement" claim affecting every space in the park; and, it should be noted that spaces which were inundated by flood waters and materials had to pay to have their spaces dug out. Mr. Belsher stated the park owner seeks additions to base rents which have been illegally calculated. He said the City Council should be extra careful to ensure all base rents comply with State and local laws before entertaining any rent increase application. Before the City Council can determine an appropriate rent increase, Council must determine that the park owner is in fact charging a lawful base rent. Mr. Belsher stated individual notice was not provided to each tenant. Instead of notice by personal service or mail, the notice was simply posted at the park common area. Mr. Belsher said park residents request the City Council defer action on this matter until the park owner provides proof of notice, books and records showing his rate of return on his investment, ® explains the impacts on areas of the park from the flooding, and explains and verifies the base rent for each unit in the park upon which he seeks a rent increase. Mayor Anderson opened the hearing for public comment. The following people spoke in opposition to the proposed rent increase: Bob Crandall, Ken Red, Joe Frasier played a tape of Wilma Geiger s statement, Ray McKelligott, Les Vanderhoff, Bill Davies, and Brent Johns. Van Heuver addressed the flooding in this particular area in 1995. Mayor Anderson closed the public comment hearing, and allowed for rebuttals from the applicant's representative and the opponent's representative. Murray Warden stated the rent control ordinance is a very discriminatory ordinance and is not fair to park owners. He said there are ambiguities in the City's rent control ordinance that need to be changed. John Belsher stated more financial information is needed to make a determination in this matter. 1.1 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 11. 2002 MOTION: Councilmember Crotzer moved the City Council find that based on the evidence submitted, no hardship exists; therefore, no rent exception should be granted. In view of this information, the rent stabilization hardship exception request is denied based upon the evidence and testimony provided in this hearing. The motion was seconded by Councilmember Peters. Councilmember Elliott stated he is opposed to rent control. He said the owner of the park took a risk when he decided to not carry flood insurance. Councilmember Elliott stated there is no basis to show there is a hardship. Councilmember Peirce stated he is not able to support this request because there is no basis in the information provided that shows a value of damages based the flood. Councilmember Peters stated it was a choice of the property owner to not carry flood insurance that worked against him in this instance. She said the damages accessed are questionable since some of the tenants paid for their own repair due to the flood. ® Councilmember Peters stated the appraisals show the cost of living increases are almost the same as the increase in appraisal rate, so there is no great loss by the property owner. Mayor Anderson stated some of the costs were for deferred maintenance, and some caused by the flood. He said he would prefer to find pertinent information showing a dollar amount spent on deferred maintenance and what was spent on flood damage; however, since there were improvements made to the park, he will not support the motion.. Councilmember Crotzer stated the burden to argue for the hardship relies on the applicant and the opportunity has been there to build a case. He said the information to prove a hardship is not provided in the evidence submitted. Councilmember Elliott stated if routine maintenance had been done it could have protected the tenants from flood damage. He said updates should be required according to State and City law to require routine maintenance. VOTE: The motion carried with Mayor Anderson voting no. (4-1) Mayor Anderson called for a break at 8:36 p.m.; the meeting resumed at 8:50 p.m. M1 J 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 11. 2002 C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS City Attorney Robert Schultz reviewed the progress report on the Duke Energy Power Plant Project for public information. This was an informational item, and no action was taken on this item. C-2 AUTHORIZATION FOR THE MAYOR AND HARBOR DIRECTOR TO ATTEND THE ANNUAL C-MANC WASHINGTON WEEK MEETINGS IN WASHINGTON, D.C.; (HARBOR) Harbor Director Rick Algert stated every year the California Marine Affairs and ® Navigation Conference (C-MANC) hosts Washington Week meetings where representatives of California Ports and Harbors have the opportunity to remind congress of the importance of dredging projects and other coastal -related legislation in California. Mr. Alger( stated the City of Morro Bay has for many years been a member of C-MANC and for the past nine years has sent a representative to the Washington Week meetings. This year staff is recommending that the Harbor Director accompany the Mayor to assist in meeting with key representatives regarding harbor dredging and the proposed Coast Guard/Harbor Office Building project. The Army Corps of Engineers' budget is proposed for 15-20% cuts and it is critical to insure that Morro Bay's operation and maintenance dredging remains intact. Aside from the scheduled C-MANC meetings, there will be meetings with key personnel in both the Army Corps of Engineers and the U.S. Coast Guard. Mr. Algert said to maintain a voice in federal decisions that impact harbor operations, it is critical to attend the annual C-MANC Washington Week meetings. He recommended the City Council approve $5,500 in travel expenditures from the Harbor Entrance Improvement account to allow for the Mayor and Harbor Director to attend the annual C-MANC Washington Week meetings that will be held March 18-21, 2002. l4 MOTION: Councilmember Elliott moved the City Council approve travel expenses from Harbor Department funds for the Mayor and Harbor Director to attend C-MANC's Washington Week meetings. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0). 10 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 11, 2002 D. NEW BUSINESS — NONE. F. ADJOURNMENT The meeting adjourned at 9:05 p.m. Recorded by: Bridgett Bauer City Clerk E ® 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 28, 2002 CLOSED SESSION - JANUARY 28, 2002 CITY HALL CONFERENCE ROOM - 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: • In Re Morro Bay Power Plant Project, 00-AFC-12 CS-2 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES. • Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Attorney. CS-3 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 one (1) parcel. • Pro e : 590 Morro Bay Boulevard Discussion: Real property lease. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. u ® PUBLIC SESSION - JANUARY 28, 2002 VETERANS MEMORIAL BALL - 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 JANUARY 14, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORTS — NOVEMBER & DECEMBER 2001; (FINANCE) RECOMMENDATION: Receive reports for information. 2 ® A-3 EXPENDITURE REPORTS —NOVEMBER & DECEMBER 2001; (FINANCE) RECOMMENDATION: Approve as submitted. A4 RESOLUTION NO. 05-02 APPROVING THE CITY'S INVESTMENT POLICY; (FINANCE) RECOMMENDATION: Adopt Resolution No. 05-02. A-5 RESOLUTION NO. 03-02 ADOPTING THE CITY'S RECORDS RETENTION SCHEDULE; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 03-02. A-6 RESOLUTION NO. 06-02 APPROVING THE SALE OF CITY -OWNED PROPERTY LOCATED AT 1055 MORRO AVENUE; (CITY ATTORNEY) RECOMMENDATION: Adopt Resolution No. 06-02. A-7 RESOLUTION NO. 04-02 IN SUPPORT OF PROPOSITION 40 — A PARKS BOND ACT; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 04-02. is A-8 PROCLAMATION DESIGNATING FEBRUARY 26, 2002 AS "SPAY DAY USA" RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 REVIEW AND UPDATE ON THE MONTEREY BAY NATIONAL MARINE SANCTUARY MANAGEMENT PLAN UPDATE; (HARBOR) RECOMMENDATION: Provide comments to the Monterey Bay National Marine Sanctuary Management Plan Update Process. B-2 CONSIDERATION OF APPLICATION FOR HARDSHIP EXCEPTION TO THE MOBILEHOME RENT CONTROL ORDINANCE; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. Elf ® C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION (WITHDRAWN) C) FUNDING FOR INTERVENTION PROJECTS RECOMMENDATION: Receive report for information. C-2 REPORT ON LANDMARK TREE REMOVAL; (PUBLIC SERVICES) RECOMMENDATION: Discuss and direct staff accordingly. D. NEW BUSINESS D-I CONSIDERATION OF REQUEST BY CITY OF SAN LUIS OBISPO TO ENTER INTO DISCUSSIONS REGARDING THE FEASIBILITY OF JOINT USE OF THE MORRO BAY DESALINATION PLANT; (PUBLIC SERVICES) RECOMMENDATION: Discuss and direct staff accordingly. D-2 RESOLUTION NO. 07-02 APPROVING THE STATE PARK MARINA ® OPERATING AGREEMENT; (HARBOR) RECOMMENDATION: Adopt Resolution No. 07-02. D-3 RESOLUTION NO. 08-02 APPROVING THE MOORING AREA DREDGING CONTRACT, AND AUTHORIZATION TO EXPEND ADDITIONAL FUNDS; (HARBOR) RECOMMENDATION: . Adopt Resolution No. 08-02. D-4 SELECTION OF COUNCIL COMPENSATION COMMITTEE PURSUANT TO THE CITY'S POLICY AND PROCEDURES MANUAL; (CITY ATTORNEY) RECOMMENDATION: Select a rive -member committee to review the full Council compensation package and offer direction and recommendations for Council member salary increases. 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. is ASSISTANCE 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. MINUTES - MORRO BAY CITY COUNCIL ® CLOSED SESSION — JANUARY 28, 2002 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m. PRESENT: ABSENT STAFF: CLOSED SESSION Rodger Anderson Colby Crotzer William Peirce Janice Peters Dave Elliott Robert Hendrix Robert Schultz Mayor Councilmember Councilmember Councilmember Councilmember 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. (4-0) Mayor Anderson read the Closed Session statement. ® CS-1 GOVERNMENT CODE SECTION 54956.9(a) — CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION: (' • In Re Morro Bay Power Plant Project, 00-AFC-12 CS-2 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES. • Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Attorney. CS-3 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 one (1) parcel. • Property: 590 Morro Bay Boulevard Discussion: Real property lease. The meeting adjoumed.to.Closed Session at 5:00 p.m. and returned to regular session at 5:53 P.M. MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Peirce and unanimously carried. (4-0) The meeting adjourned at 5:53 p.m. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 28, 2002 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 William Peirce Councilmember Janice Peters Councilmember ABSENT: Dave Elliott STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Rick Algert Frank Cunningham Greg Fuz Jeff Jones Bruce Keogh Jim Koser O Joe Loven Andrea Lueker Councilmember City Manager City Attorney City Clerk Harbor Director Engineer Public Services Director Fire Chief WWTP Manager 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 stated the City Council met in Closed Session, and no reportable action was taken. PUBLIC COMMENT Rosalie Valvo expressed concern with the new garbage service. She said she and her neighbors had to call Morro Bay Garbage Service to obtain the gray garbage bin. Bill Woodson addressed Item A-7 (Resolution No. 04-02 in Support of Proposition 40 — A Parks Bond Act) stating he is opposed to this Proposition, and noted Morro Bay received nothing from the last park bond issue; most importantly, the State did not provide the long -promised community path from Morro Bay's south Main Street entrance to the park marina. ® David Nelson addressed Duke Energy and stated the City will lose control by allowing outside agencies to have so much input on the power plant. He said alternative cooling would not create a coastal -dependent power plant. MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - JANUARY 28, 2002 Meredith Bates suggested ways to encourage diversity on advisory boards, and requested Council consider term limits. Penny Harrington asked for a definition of "member -at -large." Heather Vesterfelt made the following suggestions for advisory board interviews: 1) advertisements should include more information; 2) applicants should wear nametags; 3) questions should be pre -scripted; and 4) ballots should be pre-printed. John Barta thanked Greg Fuz for all of his efforts in the City. He referred to Item D-1 (Consideration of Request by City of San Luis Obispo to Enter into Discussions Regarding the Feasibility of Joint Use of the Morro Bay Desalination Plant) and asked Council to consider the wear -and -tear of the plant, the intrusion of seawater caused by long-term groundwater pumping and peaking water. He referred to Item D-2 and said he would like to see the contractor maintain their waiting list in a better way. Mr. Barta stated a dry -cooling method for the Duke Energy Power Plant would be very noisy. Betty Winholtz stated incumbents applying for re -appointment to an advisory board should have a different deadline to turn in applications so others feel more secure about is applying. She referred to Item D-1 stating the City's water supply should be the most important issue to consider. Ms. Winholtz referred to Item D-3 (Resolution No. 08-02 Approving the Mooring Area Dredging Contract, and Authorization to Expend Additional Funds) and asked how many moorings would be added. Mandy Davis stated changes are needed for the appointment process to advisory boards. She said it would have been nice to know there was an incumbent applying for the same position that she applied for. Ms. Davis said the questions asked in the interview process should be unbiased to both new applicants and incumbents. Nancy Castle stated the CEC meetings will not be cablecast live, however, the tapes will be run after the meetings. She referred to her presentation at the last Council meeting, and said she will be providing further information on how to maintain healthy creeks. Ms. Castle stated new applicants to advisory boards should review videotapes of the board they are interested in. Neil Farrell, Morro Bay Public Art Foundation, stated benches have been made from the landmark tree that was removed on Morro Bay Boulevard and placed at City Park and Cohner Park. The benches were made by the Cal Poly Logging Team. Dan Murphy referred to Item D-2 and said the cafe should be included in the contract. 0 Mayor Anderson closed the public comment hearing. MINUTES - MORRO BAY CITY COUNCIL is REGULAR MEETING - JANUARY 28, 2002 DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peters requested discussion on advisory board term limits, and the method of appointment if a Councilmember is elected Mayor. leavine a Council seat vacant. Councilmember Crotzer requested discussion on advertising and/or outreach to fill vacancies on commissions and advisory boards. 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 14, 2002, (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORTS — NOVEMBER & DECEMBER 2001 _: is (FINANCE) RECOMMENDATION: Receive reports for information. A-3 EXPENDITURE REPORTS — NOVEMBER & DECEMBER 2001; (FINANCE) RECOMMENDATION: Approve as submitted. A4 RESOLUTION NO. 05-02 APPROVING THE CITY'S INVESTMENT POLICY; (FINANCE) RECOMMENDATION: Adopt Resolution No. 05-02. A-5 RESOLUTION•NO. 03-02 ADOPTING THE CITY'S RECORDS RETENTION SCHEDULE; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 03-02. A-6 RESOLUTION NO. 06-02 APPROVING THE SALE OF CITY -OWNED PROPERTY LOCATED AT 1055 MORRO AVENUE; (CITY ATTORNEY) RECOMMENDATION: Adopt Resolution No. 06-02. [ I 4 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - JANUARY 28, 2002 A-7 RESOLUTION NO. 04-02 IN SUPPORT OF PROPOSITION 40 — A PARKS BOND ACT; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 04-02. A-8 PROCLAMATION DESIGNATING FEBRUARY 26, 2002 AS "SPAY DAY USA" RECOMMENDATION: Adopt Proclamation. Councilmember Peters pulled Items A-1, A-3, and A-7 from the Consent Calendar. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendarwith the exception of Items A-1, A-3, and A-7. The motion was seconded by Councilmember Crotzer and carried unanimously. (4-0) A -I APPROVAL OF MINUTES FOR T14E REGULAR MEETING OF JANUARY 14. 2002; (ADMINISTRATION) ® Councilmember Peters requested an amendment to her comment on page 7 of the January 14, 2002 Council minutes by removing the words "of understanding'. MOTION: Councilmember Peters moved the City Council approve Item A -I of the Consent Calendar as amended. The motion was seconded by Councilmember Crotzer and carried unanimously. (4-0) A-3 EXPENDITURE REPORTS —NOVEMBER & DECEMBER 2001; (FINANCE) Councilmember Peters requested clarification on particular expenditures for information. MOTION: Councilmember Peters moved the City Council approve Item A-3 of the Consent Calendar as amended. The motion was seconded by Councilmember Crotzer and carried unanimously. (4-0) A-7 RESOLUTION NO. 04-02 IN SUPPORT OF PROPOSITION 40 — A PARKS BOND ACT; (RECREATION & PARKS) Councilmember Peters requested clarification on Proposition 40 for information. MOTION: Councilmember Peters moved the City Council approve Item A-7 of the Consent Calendar as amended. The motion was seconded by ® Councilmember Peirce and carved unanimously. (4-0) sMayor Anderson called for a break at 7:15 p.m.; the meeting resumed at 7:28 p.m. 5 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - JANUARY 28.2002 B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 REVIEW AND UPDATE ON THE MONTEREY BAY NATIONAL MARINE SANCTUARY MANAGEMENT PLAN UPDATE; (HARBOR) Harbor Director Rick Algert stated the Monterey Bay National Marine Sanctuary (MBNMS) manages 5300 square miles of coastal waters with a southern boundary at Cambria. The Channel Islands National Marine Sanctuary has been updating its management plan and is considering expansion alternatives as far north as Pt. Sal. Mr. Algert noted many coastal cities, counties, special districts, fishing groups and harbor management associations have expressed support for National Marine Sanctuary goals but concerns as specific programs promulgate rules and management measures which conflict with local interests. He said in the last two years, the City Council has adopted positions on reauthorization of the National Marine Sanctuary Act (June 2000) and the National Marine Sanctuary program in general (March 2001). Specifically, on March 12, 2001, the Council voted to remove the "no expansion' recommendation and inserted in the body of Resolution No. 15-01 the following statement: "The City of Morro Bay supports creation of a separate Central Coast California Marine Sanctuary." Mr. Algert recommended that the City Council review the critical question of the City's position regarding support for a separate ® Central Coast Marine Sanctuary. Staff also recommends Council provide staff direction on submittal of the City of Monterey comments, the ACSF comments, or direct staff to modify one or the other preferred comments to reflect the City's position in support of a separate Central Coast Sanctuary as a preferred alternative. El Michelle Roost, representative of the Monterey Bay National Marine Sanctuary, reviewed points of the Management Plan, and stated she was available for questions from the City Council. Mayor Anderson opened the hearing for public comment. Kim Kimball, Chamber of Commerce, stated she spoke with Leon Panetta. original author of the Monterey Bay National Marine Sanctuary Management Plan, who stated his intent was protection from off -shore oil drilling. Ken Wise stated local fishermen do not need more regulations on fisheries. Mike Walker expressed support for the expansion of the sanctuary to avoid off -shore oil drilling, and fisheries could have a more sustainable future under sanctuary status. Joan Carter stated the public has already expressed opposition to off -shore oil drilling. She requested Council support the sanctuary expansion. 0 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - JANUARY 28.2002 Steve Rebuck stated the fishing industry is regulated by various agencies and does not need another level of bureaucracy. He requested Council not support the marine sanctuary expansion. Jennifer Stevens expressed support for the marine sanctuary expansion by stating the marine sanctuary would help to protect this area from exploitation by oil companies. Craig Barbie, commercial fisherman, stated several entities already regulate fisheries, and a sanctuary would be one more regulation. Jim Mauney, commercial fisherman, expressed opposition to the marine sanctuary. Peter Wagner stated the City of Monterey recommendations in regard to the marine _ sanctuary says nothing about prohibiting fishing or extending the boundary of the sanctuary; he suggested endorsing these recommendations. Lee Ewing, commercial fisherman, stated Morro Bay is a fishing community, and a sanctuary could create an impact on the fishing industry. is Jeremiah O'Brien, commercial fisherman, expressed opposition to a sanctuary. He said Monterey Bay Sanctuary has 5.000 miles to research that should be an ample research area. Mr. O'Brien stated Morro Bay would loose local control with a marine sanctuary. Jody Giannini, Harbor Advisory Board, stated the board voted unanimously to not support a sanctuary. He said Morro Bay does not need another level of federal bureaucracy. Tom Rob, commercial fisherman, stated valuable city assets would be spent if the sanctuary is approved. Wayne Moody, commercial fisherman, stated members of a sanctuary advisory council from Monterey who expressed concern with the extension of the marine sanctuary. He said problems with the existing sanctuary should be resolved before planning an expansion. Terren Collins urged the City Council to support the expansion of a marine sanctuary in order to protect the area from off -shore oil drilling. Bill James, commercial fisherman. stated there are statements in the information provided by the Monterey Bay National Marine Sanctuary that are misleading and untrue. He also noted that fish stocks are abundant at this time. Ed Ewing expressed opposition to the marine sanctuary. He urged Council to review the ® Management Plan and find out where the funding is coming from. 7 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - JANUARY 28, 2002 Mark Tognazzini, President of the Morro Bay's Fishermen's Association, stated the association is opposed to the extension of the Monterey Bay sanctuary. Pam Heatherington stated local control is possible with the Monterey Bay National Marine Sanctuary. She urged the City Council to protect the resources by supporting the expansion of the marine sanctuary. Ed Sylvester expressed his opposition to a marine sanctuary, asked how Morro Bay will dredge its harbor with a sanctuary. Bill Ward, commercial fisherman, expressed opposition to the marine sanctuary. Frank Donohue, commercial fisherman, stated the Santa Barbara Sanctuary used funds due to bureaucracy with no research being performed. He said there is a tremendous amount of overhead and waste with that marine sanctuary. Dannie Rodgers -Tope stated the local fishermen have enough restrictions with their profession. She recommended forming a committee to research sanctuaries. ® Mandy Davis expressed concern with the ecosystem in Morro Bay, and said the local fishermen do not need more regulations. She suggested drafting a recommendation that might make it more viable for the City of Morro Bay. Richard Berry, commercial fisherman, expressed opposition to the extension of a marine sanctuary. Dick Sylvester, commercial fisherman, stated a marine sanctuary is a bunch of bureaucracy that is unnecessary in our area. Brian Stacy, commercial fisherman, expressed opposition to the extension of a marine sanctuary. Shoosh Crotzer stated the Council should not decide on an important issue such as this; the community should decide with a vote of the people. She said a marine sanctuary is meant to keep what we have and protect it for the future. Mayor Anderson closed the public comment hearing. Councilmember Peters stated the City has fought hard for the Army Corps of Engineers to dredge our harbor on a regular basis, and she does not want to jeopardize this process. She said there are local protections against off -shore oil drilling. Councilmember Peters stated ® she does not want to give up our local control. Ei MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - JANUARY 28, 2002 Councilmember Crotzer stated it would be fair to say we have a constitutional government that allows us to have freedoms and rights that we have in society. He said marine sanctuaries assist in collecting data and monitor changes. Councilmember Crotzer stated it is agencies such as the National Fisheries Management and the Fish & Game that keep the fisheries healthy by regulating when you can fish and by limiting catches. He said if this issue went for a vote of the people, there would be an overwhelming support for a marine sanctuary. Councilmember Crotzer stated a marine sanctuary would take a look at the impacts and existing regulations. He said with local representation in Cambria, we would be able to craft a marine sanctuary that would prevent new oil leases. Councilmember Peirce stated if the marine sanctuary is set-up by an act of Congress, why can't Congress say no to off -shore oil drilling. He said even if this issue went before the vote of the people, and a marine sanctuary was extended, it would be in the hands of the one man who runs the program. Councilmember Peirce stated he has a problem with expansion of the marine sanctuary. Mayor Anderson stated we should lobby Congress regarding the guidelines that were envisioned by the people who first supported the Monterey Bay National Marine Sanctuary ® and who are now frustrated with the power that the director has given himself in decision making. He said he is opposed to any expansion of the Monterey Bay National Marine Sanctuary to the south, and we would be better served with a Central California National Marine Sanctuary. Councilmember Crotzer stated he supports a critique of the City of Monterey's recommendations regarding the extension of the marine sanctuary. He said the local community should appoint the people who serve on the advisory committee for a marine sanctuary. Councilmember Crotzer stated harbors and the sanctuaries should be partners. Councilmember Peirce stated if the City loses dredging, we would also lose the estuary. He suggested selection of the advisory councils be made by municipalities and organizations within them. Councilmember Peters stated she supports the special interest of the fishermen and the fishing village that Morro Bay is known as. MOTION: Mayor Anderson moved the City Council support the points made by the City of Monterey, and the City of Morro Bay strongly opposes the southern expansion of the Monterey Bay National Marine Sanctuary. The City of Morro Bay is supportive of the creation of a new Central California National Marine Sanctuary created off -shore between Channel Islands National Marine Sanctuary and Monterey Bay National Marine ® Sanctuary if these concerns raised are addressed. The motion was seconded by Councilmember Peirce. 0 MINUTES - MORRO BAY CITY COUNCIL O REGULAR MEETING - JANUARY 28, 2002 Councilmember Crotzer stated he would support the motion if the two issues are separated. Mayor Anderson withdrew his motion: Councilmember Peirce withdrew his second. MOTION: Mayor Anderson moved the City Council support the points made by the City of Monterey regarding management of the Monterey Bay National Marine Sanctuary. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) MOTION: Mayor Anderson moved the City Council strongly oppose the southern expansion of the Monterey Bay National Marine Sanctuary. The City of Morro Bay is supportive of the creation of a new Central California National Marine Sanctuary created off -shore between Channel Islands National Marine Sanctuary and Monterey Bay National Marine Sanctuary if the concerns raised by the City of Monterey position papers are addressed. ® Councilmember Crotzer stated he would support a portion of the motion that supports the creation of a sanctuary off our shore. Otherwise, expressing opposition to the southern expansion of the Monterey Bay National Marine Sanctuary has not been asked of us yet, and that would take initiative to stop something before the management process has finished taking its public comment. Councilmember Peirce stated he would support a motion if it goes back to what the original proponent had proposed. The motion died for lack of a second. MOTION: Councilmember Peters moved the City Council support the idea of a Marine Sanctuary for the Central Coast if local control of the Sanctuary can be maintained. The motion was seconded by Mayor Anderson and carried unanimously. (4-0) Mayor Anderson called for a break at 9:54 p.m.; the meeting resumed at 10:06 p.m. B-2 CONSIDERATION OF APPLICATION FOR HARDSHIP EXCEPTION TO THE MOBILEHOME RENT CONTROL ORDINANCE; (ADMINISTRATION) This item was continued to the February 11, 2002 City Council meeting. Ell 10 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - JANUARY 28, 2002 C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION (WITHDRAWN) C) FUNDING FOR INTERVENTION PROJECTS City Attorney Robert Schultz reviewed the progress report on the Duke Energy Power Plant Project for public information. This was an informational item, and no action was taken on this item. C-2 REPORT ON LANDMARK TREE REMOVAL; (PUBLIC SERVICES) Engineer Frank Cunningham reported on the landmark tree removal on Morro Bay Blvd. This was an informational item, and no action was taken on this item. D. NEW BUSINESS ® D-1 CONSIDERATION OF REQUEST BY CITY OF SAN LUIS OBISPO TO ENTER INTO DISCUSSIONS REGARDING THE FEASIBILITY OF JOINT USE OF THE MORRO BAY DESALINATION PLANT; (PUBLIC SERVICES) City Manager Robert Hendrix stated the City has recently been contacted by the City of San Luis Obispo Utilities Department inquiring whether Morro Bay would be willing to discuss the possibility of some sort of conjunctive use of its Desalination Facility. As a result of this initial contact, City staff has reached the point whereat it might be possible to articulate the concept in writing and ask the respective City Councils to consider pursuing the matter to the next step. Mr. Hendrix offered the following options for Council's consideration: A) Conduct exploratory discussions with City of San Luis Obispo staff regarding the feasibility of joint use of the desalination plant and report on the outcome of these discussions to the Public Works Advisory Board in February/March 2002; B) Establish a Council Subcommittee to work with staff to develop a draft Memorandum of Understanding (MOU) with the City of San Luis Obispo outlining costs, benefits, timing, operation and maintenance considerations for potential joint use of the plan and present the draft MOU to the Public Works Advisory Board for comment and recommendations in March/April 2002; C) Return to Council in April/May 2002 with a status report, a draft MOU, and to 0 receive further direction regarding the joint use proposal; and MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - JANUARY 28, 2002 D) Allocate $5.000.00 from the Water Fund for expenditures for technical/legal assistance related to studying the feasibility of joint use and preparing a draft MOU. MOTION: Councilmember Crotzer moved the City Council conduct exploratory discussions with the City of San Luis Obispo staff regarding the feasibility of joint use of the desalination plant and report on the outcome of these discussions to the Public Works Advisory Board in February/March 2002. The motion was seconded by Councilmember Peters and carried unanimously. (4-0) D-2 RESOLUTION NO. 07-02 APPROVING THE STATE PARK MARINA OPERATING AGREEMENT; (HARBOR) Harbor Director Rick Algert stated City staff has held numerous discussions with the State Parks regarding the potential of the City taking over management of the marina - dredging project. The concept is that the City would keep in place the existing month -to - month agreement with Associated Pacific for operation of the marina while the City ® develops permitting and engineering plans for a maintenance -dredging project. He said the City would receive the approximate $50,000 annual rent for the marina and use those funds for permitting/engineering costs. Mr. Algert recommended the City Council adopt Resolution No. 07-02 authorizing the Mayor to execute the operating agreement for the State Park Marina in Morro Bay State Park. He noted the Harbor Advisory Board recommended Council approval of this operating agreement at their December 6, 2001 meeting. MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 07-02 authorizing the Mayor to execute the operating agreement for the State Park Marina in Morro Bay State Park. The motion was seconded by Councilmember Crotzer and carried unanimously. (4-0) D-3 RESOLUTION NO. 08-02 APPROVING THE MOORING AREA DREDGING CONTRACT, AND AUTHORIZATION TO EXPEND ADDITIONAL FUNDS; (HARBOR) Harbor Director Rick Algert stated since the City received Coastal Commission and Army Corps of Engineers (ACOE) five-year maintenance dredging permits in 1998, staff has recommended the best opportunity to cost effectively dredge the permitted area would be in coordination with the next major fixed pipe -suction ACOE channel maintenance contract. With the current ACOE dredging project bringing in Manson Construction's "HR Moms" under a fall of 2001 contract, it appeared that the ® opportunity had arrived. He said this contract does not obligate the City to any minimum amount beyond exactly what is measured in the dump barge, nor is Manson obligate to any minimum, in fact they may remove their equipment at any time if it is needed on 12 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING - JANUARY 28, 2002 another job. Mr. Algert recommended the City Council adopt Resolution No. 08-02 as follows: 1) authorize execution of a contract with Manson Construction for dredging of the City mooring area at a unit cost of $5.00 per cubic yard; 2) authorize expenditure of up to $110,000 in General Fund monies in addition to the currently budgeted Harbor Fund capital project monies; 3) direct the Finance Director to record a no interest loan from the General Fund to the Harbor Fund monies spent on this project once the project is complete; and 4) authorize the Harbor Department to waive up to three months of mooring area rental fees on displaced moorings. MOTION: Councilmember Crotzer moved the City Council adopt Resolution No. 08- 02 to: 1) authorize execution of a contract with Manson Construction for dredging of the City mooring area at a unit cost of $5.00 per cubic yard; 2) authorize expenditure of up to $110,000 in General Fund monies in addition to the currently budgeted Harbor Fund capital project monies; 3) direct the Finance Director to record a no interest loan from the General Fund to the Harbor Fund monies spent on this project once the project is complete; and 4) authorize the Harbor Department to waive up to three months of mooring area rental fees on displaced moorings. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) ® D4 SELECTION OF COUNCIL COMPENSATION COMMITTEE PURSUANT TO THE CITY'S POLICY AND PROCEDURES MANUAL; (CITY ATTORNEY) City Manager Robert Hendrix stated the salary of the Council members of the City of Morro Bay is controlled by Government Code Section 36516(a), Morro Bay Municipal Code Section 2.20.010 and Section 2.6 of the City's Policies and Procedures Manual. Based on the Polices and Procedures. Mr. Hendrix recommended Council select a five - member committee to review the full Council compensation package and offer direction and recommendations for Council member salary increases. MOTION: Councilmember Peters moved the City Council select Pam Soderback, Kim Kimball, Cathy Novak, John Lemons and Lynda Merrill to serve on the committee to review the full Council compensation package and offer direction and recommendations for Council member salary increases. The motion was seconded by Councilmember Crotzer and carried unanimously. (4-0) F. ADJOURNMENT - The meeting adjourned at 11:03 p.m. Rff orded by: \� ® Bridgett Ba er City Clerk 13 ® NOTICE OF SPECIAL CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Closed Session Meeting on Wednesday, January 23, 2002 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 the following issues: 1. Government Code Section 54956.9(a) CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION: • ISOP v. Reliance, San Luis Obispo Superior Court Case No. CV990623. • In Re Morro Bay Power Plant Project, 00-AFC-12 2. Government Code Section 54957; PERSONNEL ISSUES. is Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Attorney. The City Council will adjourn the Closed Session meeting to an Open Session Meeting on the same evening beginning at 6:00 p.m.; this meeting will be held at the Community Center Multi Purpose Room located at 1001 Kennedy Way, Morro Bay. The City Council will be conducting interviews to fill vacancies on the Recreation & Parks Commission, Harbor Advisory Board, and Community Promotions Committee. DATED: January 17, 2002 Bridgett Bauer, City Clerk ® MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING — JANUARY 23, 2002; 6:00 P.M. COMMUNITY CENTER MULTI PURPOSE ROOM Mayor Anderson called the meeting to order at 6:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember William Peirce Councilmember Janice Peters Councilmember ABSENT: David Elliott Councilmember STAFF: Robert Hendrix City Manager The City Council held interviews to fill vacancies on the City's Recreation & Parks Commission, Harbor Advisory Board and Community Promotions Committee. The following action was taken: ® RECREATION & PARKS COMMISSION MOTION: Councilmember Crotzer moved the City Council re -appoint David Smith and Gregory Wilson to serve on the Recreation & Parks Commission for a four-year term that will expire January 31, 2006. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) • ' : � :: � fGY�7:a•�:T�7�:��7 MOTION: Councilmember Crotzer moved the City Council re -appoint Gene Doughty to serve as the Los OsosBaywood Park representative on the Harbor Advisory Board for a four-year term that will expire January 31, 2006. The motion was seconded by Councilmember Peters and carved unanimously. (4-0) MOTION: Councilmember Peters moved the City Council re -appoint Mary Leizear to serve as a Member -at -Large representative on the Harbor Advisory Board for a four-year term that will expire January 31, 2006. The motion was seconded by Councilmember Peirce and carried with Councilmember Crotzer voting no. (3-1) El 1 A MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING — JANUARY 23. 2002 COMMUNITY PROMOTIONS COMMITTEE MOTION: Councilmember Crotzer moved the City Council re -appoint Ed Biaggini III to serve as the Embarcadero Business representative on the Community Promotions Committee for a four-year term that will expire January 31, 2006. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) MOTION: Councilmember Crotzer moved the City Council re -appoint Nanci Smith to serve as the Merchants Association representative on the Community Promotions Committee for a four-year term that will expire January 31, 2006. The motion was s seconded by Councilmember Peirce and carried unanimously. (4-0) MOTION: Councilmember Crotzer moved the City Council appoint Heather Fortner to serve as a Member -at -Large representative on the Community Promotions Committee for a four-year term that will expire January 31, 2006. The motion was seconded by Councilmember PeteH Peirce and ® carried unanimously. (4-0) ADJOURNMENT - The meeting adjourned at 7:55 p.m. El 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 14, 2002 CLOSED SESSION — JANUARY 14, 2002 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 City's real property negotiator regarding the prig e and terms of payment for the purchase, sale, exchange, or lease of real property as to one (1) parcel. • Pro a 1055 Morro Avenue Discussion: Sale of property. CS-2 GOVERNMENT CODE SECTION 54956.9; CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. Discussion regarding litigation as to one (1) matter. • In the matter of Duke Energy Power Plant Project. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. C ® PUBLIC SESSION — JANUARY 14, 2002 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 DECEMBER IO, 2001; (ADMINISTRATION) RECOMMENDATION: Approve minutes as submitted. A-2 RESOLUTION NO. 02-02 APPROVING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITES 30W-33W LOCATED AT 201 MAIN STREET; (HARBOR) 0 RECOMMENDATION: Adopt Resolution No. 02-02. ® A-3 APPROVAL OF CONTRACT WITH SAIC FOR PREPARATION OF ENVIRONMENTAL DOCUMENTS FOR HIGHWAY 1/14IGHWAY 41/MAIN STREET INTERSECTION IMPROVEMENTS; (PUBLIC SERVICES) RECOMMENDATION: Approve the contract with SAIC. A-4 REPORT OF EMERGENCY COASTAL DEVELOPMENT PERMIT FOR PETROLEUM TANK REMOVAL AND CANOPY DEMOLITION AT THE SHELL SERVICE STATION LOCATED AT 1840 MAIN STREET — REMEDIATION SITE OF THE MtBE RELEASE; (PUBLIC SERVICES) RECOMMENDATION: Receive for information. A-5 RESOLUTION NO. 01-02 IN SUPPORT OF PROPOSITION 42 TRANSPORTATION CONGESTION IMPROVEMENT ACT; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 01-02. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-I APPEAL OF COASTAL DEVELOPMENT PERMIT TO ALLOW PLACEMENT OF FILL TO RAISE AN EXISTING STORAGE AREA ABOVE ® FLOOD HAZARD AREA LOCATED AT 520 ATASCADERO ROAD — MINER'S HARDWARE; (PUBLIC SERVICES) RECOMMENDATION: Conduct a public hearing, receive testimony, review the Planning Commission's approval, uphold the Planning Commission's determination, and deny the appeal. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE INTERVENTION PROCESS OF THE DUKE ENERGY POWER PLANT PROJECT, AND DISCUSSION ON ADDITIONAL FUNDING TO SUPPORT THE PROCESS; (PUBLIC SERVICES) RECOMMENDATION: Receive report for information. C-2 UPDATE ON ADVISORY BOARD VACANCIES AND APPLICATIONS RECEIVED TO FILL VACANCIES; (ADMINISTRATION) RECOMMENDATION: Receive report for information. 3 ® D. NEW BUSINESS D-I REVIEW OF THE MONTEREY BAY NATIONAL MARINE SANCTUARY MANAGEMENT PLAN UPDATE; (HARBOR) RECOMMENDATION: Provide comments to the Monterey Bay National Marine Sanctuary Management Plan Update Process. 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 El C 11 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION — JANUARY 14. 2002 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m. ':01vag STAFF: CLOSED SESSION Rodger Anderson Colby Cromer Dave Elliott William Peirce Janice Peters Robert Hendrix Robert Schultz Mayor Councilmember Councilmember Councilmember Councilmember City Manager City Attorney 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. 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 one (1) parcel. • Property: 1055 Morro Avenue Discussion: Sale of property. CS-2 GOVERNMENT CODE SECTION 54956.9; CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. Discussion regarding litigation as to one (1) matter. • In the matter of Duke Energy Power Plant Project. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 6:00 p.m. MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) The meeting adjourned at 6:00 p.m. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JANUARY 14, 2002 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 Greig Cummings Planning Manager Greg Fuz 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 and no reportable action was taken. ,r PUBLIC COMMENT Johnny Gunn and Betty Forsythe, Friends of the Library, invited the public to "Love Your Library" Patio Party on February 6`h from 2-5 p.m. at the Morro Bay Library. David Nelson referred to the Duke Energy Power Plant Project, and addressed the air quality impacts that exist at the existing facility and those that will be created with the proposed facility. He said the City should not rely on outside agencies when referring to impacts. Melody DeMerritt, Coastal Alliance, announced that Ed Masry, attorney who represented Erin Brokovich in her case against a corporate polluter, will be speaking at Cal Poly on January 20i° at 3:00 p.m. 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JANUARY 14. 2002 Betty Winholtz addressed the loss of Morro Bay's skating rink. She also said the change of ' garbage service has been confusing, and the City should be educating the public on the new system. Ms. Winholtz requested Council consider reagendizing the Monterey Bay Marine Sanctuary item as a public hearing. Joan Carter, ECOSLO, expressed support for the proposed marine sanctuary. Bob McDonald listed the valuable resources along the coast, and the benefits of a marine sanctuary. Gary Ryan stated the Jazz Festival was a huge success. Ray McKelligott addressed recycling at the Blue Heron Trailer Park and stated they need more receptacles. Peter Wagner addressed the marine sanctuary stating it appears to be pro -expansion and the City's position is too difficult. ® Roger Ewing thanked Greg Fuz for his efforts with the City. He also requested the marine sanctuary item be scheduled as a public hearing. Jeremiah O'Brien, Commercial Fishermen Association, stated the fishermen are in opposition to the expansion of the existing sanctuary, and listed issues such as the breakwater and maintenance of the bay. Garry Johnson stated the Jazz Festival was great especially the Morro Bay High School Jazz Band. Pat Mullen, Duke Energy, showed pictures of the KOP 7 — view from Embarcadero Road. He said air-cooled condensers would not be feasible. Don Maruska expressed his appreciation for the Jazz Festival and Bird Festival, which both offer fun in Morro Bay for the whole family. Jim Mauney stated the proposed marine sanctuary would be a detriment to the fishermen. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS Councilmember Crotzer requested Council reagendized the Monterey Bay Marine Sanctuary item as a public hearing. r 1 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JANUARY 14, 2002 MOTION: Councilmember Crotzer moved the City Council continue the review of the Monterey Bay National Marine Sanctuary Management Plan Update to the January 28, 2002 City Council meeting as a public hearing. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) Councilmember Crotzer addressed the opportunity to discuss the proposed Measure A (County Tobacco Settlement). 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 10, 2001; (ADMINISTRATION) RECOMMENDATION: Approve minutes as submitted. ® A-2 RESOLUTION NO. 02-02 APPROVING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITES 30W-33W LOCATED AT 201 MAIN STREET; (HARBOR) RECOMMENDATION: Adopt Resolution No. 02-02. A-3 APPROVAL OF CONTRACT WITH SAIC FOR PREPARATION OF ENVIRONMENTAL DOCUMENTS FOR HIGHWAY IIHIGHWAY 41/MAIN STREET INTERSECTION IMPROVEMENTS; (PUBLIC SERVICES) RECOMMENDATION: Approve the contract with SAIC. A-4 REPORT OF EMERGENCY COASTAL DEVELOPMENT PERMIT FOR PETROLEUM TANK -REMOVAL AND CANOPY DEMOLITION AT THE SHELL SERVICE STATION LOCATED AT 1840 MAIN STREET — REMEDIATION SITE OF THE MtBE RELEASE; (PUBLIC SERVICES) RECOMMENDATION: Receive for information. A-5 RESOLUTION NO. 01-02 IN SUPPORT OF PROPOSITION 42 - TRANSPORTATION CONGESTION IMPROVEMENT ACT; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 01-02. C! ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JANUARY 14, 2002 Councilmember Crotzer pulled Item A-5 from the Consent Calendar. MOTION: Councilmember Crotzer moved the City Council approve the Consent Calendar with the exception of Item A-5. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-5 RESOLUTION NO. 01-02 IN SUPPORT OF PROPOSITION 42 - TRANSPORTATION CONGESTION IMPROVEMENT ACT; (ADMINISTRATION) Councilmember Crotzer addressed concern with the loss of local control of funds. Staff clarified the intent of the City's support of Proposition 42. 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) B. PUBLIC HEARINGS. REPORTS & APPEARANCES ® B-I APPEAL OF COASTAL DEVELOPMENT PERMIT TO ALLOW PLACEMENT OF FILL TO RAISE AN EXISTING STORAGE AREA ABOVE FLOOD HAZARD AREA LOCATED AT 520 ATASCADERO ROAD — MINER'S HARDWARE; (PUBLIC SERVICES) Planning Manager Greig Cummings stated on August 20, 2001, the Planning Commission considered the application for the placement of fill at 520 Atascadero Road. The Planning Commission received public testimony, closed the public hearing and took action approving the project. Mr. Cummings stated the appellants, Nancy Castle and Steve Mathieu, expressed concern over the impact this might have on their property down stream from this location. He said the appellant feels the Planning Commission should have required the applicant to provide the hydraulic and geometric analysis that was required of the proposed project prior to the Commission taking action to approve the project. Mr. Cummings stated the hydraulic and geometric study that is required is a standard requirement of development placed within a flood plain. The environmental review determined that the impact to the flow will be mitigated adequately through the established procedures that assure verification that a set standard will be met. Mr. Cummings recommended the City Council conduct a public hearing, receive testimony, review the Planning Commission's approval, uphold the Planning Commission's determination, and deny the appeal. Douglas Wood, Douglas Wood & Associates, Inc., contracted by the City, reviewed the project's grading report for Council's information and consideration. 5 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JANUARY 14. 2002 Nancy Castle, appellant, showed a segment of film of the 1995 flood and reviewed how it affected the surrounding area. She stated if the Planning Commission had required the applicant to provide the hydraulic and geometric analysis for the proposed project, all potential interested members of the public would have had the opportunity to review the. document as part of the public process. Ms. Castle requested the City Council consider voiding the Planning Commission's decision on this project, and require the applicant to provide the report as part of a re -hearing on Coastal Development Permit No. 28-OOR. Mike Bertachini, EDA Engineering, representing the applicant, stated the project applicant proposes grading of approximately 3.0 acres of an existing paved parking lot/work and storage area behind the existing Miner's Hardware store located at 520 Atascadero Road (west side of Morro Creek). He said the intent of this grading is to raise the elevation of this portion of the 4.89 acre parcel above the 100-year flood elevation. Mr. Bertachini stated a total of 5,600 cubic yards of fill material would be imported to the site. Mayor Anderson opened the hearing for public comment._ Steve Mathieu stated this particular watershed problem should be corrected by the County of ® San Luis Obispo and the City of Morro Bay. He said he is hopeful this problem will get assistance from FEMA. 2 Mayor Anderson closed the public comment hearing. Councilmember Peirce stated he has a certain amount of faith in the formula and is inclined to uphold the Planning Commission's decision. Councilmember Peters stated this area should be studied (especially since the last flood map of 1985). Councilmember Crotzer stated the 1995 flood was drastic, and filling in the proposed area may cause a neighboring property to flood. He said he supports the appeal in order to obtain a more orderly sequence. Councilmember Elliott stated a tremendous amount of work has been done on the creek after the 1995 flood to solve future problems. He said fill would not create any heightened amount of damage to the creek. Councilmember Elliott stated he supports upholding the Planning Commission's decision on this project. Mayor Anderson stated he supports the Planning Commission's decision with the knowledge that the hydraulic and geometric analysis for the proposed project will be performed. 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JANUARY 14. 2002 " Councilmember Peters stated federal mitigation does not mean a problem will not be created by this project. Councilmember Crotzer stated flooding in this area would eventually have an affect on neighboring properties. MOTION: Councilmember Elliott moved the City Council uphold the Planning Commission's approval of CDP 28-OOR. The motion was seconded by Councilmember Peirce and carried with Councilmember Crotzer and Councilmember Peters voting no. (3-2) Mayor Anderson called for a break at 8:06 p.m.; the meeting resumed at 8:20 p.m. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE INTERVENTION PROCESS OF THE DUKE ENERGY POWER PLANT POJECT, AND DISCUSSION ON ADDITIONAL FUNDING TO SUPPORT THE PROCESS; (PUBLIC SERVICES) ® City Attorney Robert Schultz reported on the status of the intervention process of the Duke Energy Power Plant Project. Council received this report for information only; no further action was taken. C-2 UPDATE ON ADVISORY BOARD VACANCIES AND APPLICATIONS RECEIVED TO FILL VACANCIES; (ADMINISTRATION) . City Manager Robert Hendrix reviewed the number of applications received to fill vacancies on the Recreation & Parks Commission, Harbor Advisory Board and Community Promotions Committee. Council received this report for information only; no further action was taken. D. NEW BUSINESS D-I REVIEW OF THE MONTEREY BAY NATIONAL MARINE SANCTUARY MANAGEMENT PLAN UPDATE; (HARBOR) This item has been continued to the January 28. 2002 City Council meeting. ET I 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JANUARY 14, 2002 F. ADJOURNMENT The meeting adjourned at 8:37 p.m. Recorded by: Bridgett Bauer City Clerk l U 0 2 NOTICE OF SPECIAL CITY COUNCIL CLOSED SESSION MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Closed Session Meeting on Thursday, January 3, 2002 at 3:30 p.m. to be held in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be considering the following issue: GOVERNMENT CODE SECTION 54956.9; CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. Discussion regarding litigation as to one (1) matter. • In the matter of Duke Energy Power Plant Project. DATED: December 31, 2001 W -A Ali