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Home My WebLink AboutJanuary to December (2)iV • 1-1 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. REGULAR MEETING - DECEMBER 13, 1999 CLOSED SESSION - DECEMBER 13,1999 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA LABOR NEGOTIATOR. Conference with the Interim City Manager and City it Attorney, the City's Designated Representatives, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instructions to the Designated Representative. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION - DECEMBER 13,1999 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 SPUBLIC 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. Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS OF NOVEMBER 8, 1999 AND NOVEMBER 22, 1999; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 AUTHORIZATION FOR THE FIRE DEPARTMENT TO PURCHASE A REPLACEMENT COMMAND VEHICLE; (FIRE) RECOMMENDATION: Authorize the Fire Department to purchase a replacement command vehicle. A-3 RESOLUTION NO. 82-99 APPROVING DESIGNATION OF PARKING IN - LIEU FUNDS FOR PROPERTY ACQUISITION OF 1055 MORRO AVENUE; (CITY ATTORNEY) RECOMMENDATION: Adopt Resolution No. 82-99. 2 A-4 APPROVAL OF SETTLEMENT AGREEMENT REGARDING CITY OF . MORRO BAY V. HULSE RECOMMENDATION: Approve the settlement agreement as submitted. A-5 RESOLUTION NO. 83-99 APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE MANAGEMENT EMPLOYEE UNIT; AND APPROVAL OF THE PAY SCALE FOR THE EXECUTIVE UNIT; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 83-99 approving the execution of the Memorandum of Understanding between the City and the Management Employee Unit for the term of July 1, 1999 through June 30, 2002; and approve the adjustments to the Executive Unit compensation. A-6 CANCELLATION OF DECEMBER 27, 1999 CITY COUNCIL MEETING; (ADMINISTRATION) RECOMMENDATION: Cancel the December 27, 1999 City Council meeting. A-7 RESOLUTION NO. 84-99 APPROVING CONTRACT FOR INTERIM CITY • MANAGER RECOMMENDATION: Adopt Resolution No. 84-99. B. PUBLIC HEARINGS, REPORTS & APPEARANCES - NONE. • C-1 CONSIDERATION OF MORRO BAY DIAL -A -RIDE SATURDAY SERVICE; (ADMINISTRATION) RECOMMENDATION: Review recommendations by staff and Public Works Advisory Board to implement a six-month pilot program to provide 1/2 day Saturday Morro Bay Dial -A -Ride service. D-1 PRESENTATION OF AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 1999; (FINANCE) RECOMMENDATION: Accept audited financial statements as submitted. 3 D-2 CONSIDERATION OF ATTORNEY OPINION ON RETROFIT PROGRAM . AND WATER RESOURCE ALLOCATION; (CITY ATTORNEY) RECOMMENDATION: Consider the City Attorney Opinion; and refer to Public Works Advisory Board and Planning Commission for joint consideration. D-3 STATUS REPORT ON THE DUKE ENERGY POWER PLANT EXPANSION PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Receive report for information. D-4 SCHEDULING FOR INTERVIEW DATE FOR APPOINTMENTS TO CITY COMMISSIONS AND ADVISORY BOARD VACANCIES; (ADMINISTRATION) RECOMMENDATION: Set a date to fill vacancies on City Commission and Advisory Boards. D-5 SELECTION OF CITY COUNCIL DISCRETIONARY APPOINTMENTS TO VARIOUS BOARDS AND COMMITTEES; (ADMINISTRATION) RECOMMENDATION: Select Mayor and/or City Council Members to serve as • City representatives on various Boards and Committees. D-6 SELECTION OF VICE -MAYOR TO SERVE A ONE-YEAR TERM; (ADMINISTRATION) RECOMMENDATION: Select City Council Member to serve as Vice -Mayor for a one-year term. L��71ZiI�iiE�1�MY 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 INITHE 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 13, 1999 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:15 p.m. PRESENT: STAFF Rodger Anderson Colby Crotzer Dave Elliott William Peirce Janice Peters Robert Hendrix Robert Schultz Larry McPherson Mayor Councilmember Councilmember Councilmember Councilmember Acting City Manager City Attorney Consultant MOTION: Councilmember Peirce 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. LABOR NEGOTIATOR. Conference with the Interim City Manager and City Attorney, the City's Designated Representatives, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instructions to the Designated Representative. The meeting adjourned to Closed Session at 5:15 p.m. and returned to regular session at 5:55 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) The meeting adjourned at 5:55 p.m. 0 • • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1999 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:09 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 Greg Fuz Jeff Jones Jim Koser Joe Loven Andrea Lueker Shauna Nauman Acting City Manager City Attorney City Clerk Harbor Director Administrative Assistant Acting Public Services Director Fire Chief Finance Director Police Chief Recreation & Parks Director Planning Manager ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported no action was taken by the City Council in Closed Session. Kurt Steinmann requested his proposed renovation project on the Embarcadero be reviewed by the Council at the next City Council meeting. He also challenged the Mayor's ability to consider this project due to conflict of interest. Jan Northington stated the Board of Supervisors will be voting on a proposed library policy that would allow children under 17 to check out R-rated videos. She requested the City Council's support in denying this proposed policy. PA • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1999 Mary Phillips addressed the following: 1) her request of July 26 for a hearing regarding Police Department issues; 2) concerns with the proposed Duke Energy modernization project and the pollution it may create; 3) and support for Dial -A -Ride weekend service. Steve Goschke, Duke Energy Power Plant Manager, stated the power plant will pose no safety risk to the public. Gary Gillman addressed Item D-2 (Consideration of Attorney Opinion on Retrofit Program and Water Resource Allocation) and stated with the receipt of State Water there is no need for the retrofit program. David Nelson addressed concerns with the lack of information received from Duke Energy Workshops and lack of public input. Meredith Bates addressed the. upcoming cable franchise renewal, and requested public input by attending Public Works Advisory Board meetings and returning the surveys • mailed out with the last water bill. Nelson Sullivan addressed Item D-2 stating public input is important before making any major decisions on the City's water policy. He also addressed Item D-3 (Status Report on the Duke Energy Power Plant Expansion Project) stating the pipeline replacement project should be reconsidered. James White, Environmental Specialist at the Duke Energy Power Plant, said state-of- the-art equipment will be used in order to prevent environmental damage, and noted CEC standards will not allow negative environmental impacts to occur. Henrietta DeGroot expressed concern with the environmental affects to the estuary that may be created by the Duke Energy modernization project. Deanna Dunton stated lowering the stacks at the power plant will create more noise and pollution than the proposed go-cart project which was denied by the City Council. Patty Dunton referred to possible negative affects that may be created by the Duke Energy modernization project. Monique Nelson requested the City not sign the proposed MOU with Duke Energy • because it would be premature and not in the best interest of the City. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1999 Al Toone addressed concerns with the outfall when the second stack is removed stating there is a discrepancy between cooling water reduction. Mark Seedhall, Manager of the Duke Energy Modernization Project, stated the City does not have a unilateral right to end the outfall easement lease. He said the power plant is a coastal dependent use and closure by the City is not consistent with the Local Coastal Plan. Jack McCurdy stated the public should be advised on the City's outfall easement rights. Wayne Hoffinan, Environmental Specialist for Duke Energy Modernization Project, addressed the environmental baseline of the power plant and how it should be outlined for this project according to CEQA requirements. Darrell Brady stated the City should not rely on Duke Energy or the CEC, but rely on the advice of the Water Board. • John Barra invited the public to attend the Special Planning Commission meeting relating to the sign ordinance on December 20. Mark Hays, Environmental Manager for Duke Energy, stated the equipment at the power plant is well maintained; however, a new plant would be preferable. Harry Rogers addressed Item D-2 stating the City's water supply is ample and the retrofit program is no longer needed. He suggested the City establish water impact fees instead of the funds expended to retrofit. Steve Mathieu thanked Charter Communications for the video production classes. He noted Channel 54 will film live at the EOC Center on New Year's Eve. Nancy Castle announced tonight is the first anniversary for live broadcast on Channel 54. Mayor Anderson closed the public comment hearing. Councilmember Peters requested to agendize the review of the Steinmann project on the • Embarcadero. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1999 Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS OF NOVEMBER 8, 1999 AND NOVEMBER 22, 1999; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 AUTHORIZATION FOR THE FIRE DEPARTMENT TO PURCHASE A REPLACEMENT COMMAND VEHICLE; (FIRE) RECOMMENDATION: Authorize the Fire Department to purchase a replacement command vehicle. A-3 RESOLUTION NO. 82-99 APPROVING DESIGNATION OF PARKING IN - LIEU FUNDS FOR PROPERTY ACQUISITION OF 1055 MORRO AVENUE; • (CITY ATTORNEY) RECOMMENDATION: Adopt Resolution No. 82-99. A-4 APPROVAL OF SETTLEMENT AGREEMENT REGARDING CITY OF MORRO BAY V. HULSE RECOMMENDATION: Approve the settlement agreement as submitted. A-5 RESOLUTION NO. 83-99 APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE MANAGEMENT EMPLOYEE UNIT; AND APPROVAL OF THE PAY SCALE FOR THE EXECUTIVE UNIT; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 83-99 approving the execution of the Memorandum of Understanding between the City and the Management Employee Unit for the term of July 1, 1999 through June 30, 2002; and approve the adjustments to the Executive Unit compensation. A-6 CANCELLATION OF DECEMBER 27, 1999 CITY COUNCIL MEETING; • (ADMINISTRATION) RECOMMENDATION: Cancel the December 27,1999 City Council meeting. 61 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1999 A-7 RESOLUTION NO. 84-99 APPROVING CONTRACT FOR INTERIM CITY MANAGER RECOMMENDATION: Adopt Resolution No. 84-99. Councilmember Elliott pulled Item A-2 from the Consent Calendar; Councilmember Peters pulled Items A-3 and A-5. MOTION: Councilmember Peters moved the City Council approve the Consent Calendar with the exception of Items A-2, A-3 and A-5. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-2 AUTHORIZATION FOR THE FIRE DEPARTMENT TO PURCHASE A REPLACEMENT COMMAND VEHICLE; (FIRE) Councilmember Elliott asked why this request is being made now and not during budget • review. Fire Chief Jeff Jones responded the City mechanic suggested the existing command vehicle be used as a replacement vehicle due to its high mileage and does not meet the requirements of a first line response vehicle. Councilmember Elliott stated this request should not have been overlooked during the last budget review. MOTION: Councilmember Peirce moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-3 RESOLUTION NO. 82-99 APPROVING DESIGNATION OF PARKING IN - LIEU FUNDS FOR PROPERTY ACQUISITION OF 1055 MORRO AVENUE; (CITY ATTORNEY) Councilmember Peters 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 Peirce • and carried with Councilmember Peters stepping down due to a conflict of interest. (4-0- 1 ) 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1999 A-5 RESOLUTION NO. 83-99 APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE MANAGEMENT EMPLOYEE UNIT; AND APPROVAL OF THE PAY SCALE FOR THE EXECUTIVE UNIT; (ADMINISTRATION) Councilmember Peters suggested following language be added to the MOU: A) Work to change the compensation of the managers in a way that will bring them in line with both market factors and internal issues to the extent reasonable within the budget constraints. Councilmember Crotzer stated he will not support this approval without having further discussion by Council. MOTION: Councilmember Elliott moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carved with Councilmember Crotzer and Councilmember Peters • voting no. (3-2) Mayor Anderson called for a break at 7:55 p.m.; the meeting resumed at 8:12 p.m. Mayor Anderson requested to move the agenda out of order to hear Item D-1 next; Council concurred. F0.1111111110211FITEW111.. C-1 CONSIDERATION OF MORRO BAY DIAL -A -RIDE SATURDAY SERVICE; (ADMINISTRATION) Administrative Assistant Janeen Burlingame reviewed the following recommendations made by the Public Works Advisory Board: 1) Implement a six month pilot program with existing fare structure to provide Saturday Morro Bay Dial -A -Ride (MBDAR) service for 1/2 day. 2) Review the pilot program at the end of six months to determine whether or not the • 1/2 day pilot program would meet the Transportation Development Act requirement of a 10% farebox return. 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1999 3) If the 1/2 day pilot program is successful and meets the TDA farebox requirement, consider implementing a six month pilot program with existing fare structure to provide Saturday MBDAR service for a full day. 4) Review the pilot program at the end of the six months to determine whether or not the full day pilot program would meet the TDA 10% farebox return requirement, and whether or not Saturday service should be adopted as part of the permanent transit program. Ms. Burlingame stated staff also recommends the City Council select the hours of operation for the 1/2 day pilot program utilizing results from a rider survey sent out in the latest water bill. She noted the total estimated operating cost for a 12-month pilot program would be $19,134; the total estimated revenue for a 12-month pilot program would be $3,159; and the total estimated need from the General Fund would be $15,975. Ms. Burlingame recommended the City Council review the recommendations made by the Public Works Advisory Board and staff to implement a six-month pilot program to provide 1/2 day Saturday Morro Bay Dial -A -Ride service. • Consensus of the City Council was to provide full -day service on Saturdays for a 12- month trial period. MOTION: Councilmember Elliott moved the City Council approve the implementation of full -day service on Saturdays for a 12-month period with a review by City Council in October 2000. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) D-1 PRESENTATION OF AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 1999; (FINANCE) Finance Director Jim Koser stated the City's independent audit occurs annually and is funded in the operating budget. He said the financial audit report represents the official statement of the financial condition of the City of Morro Bay for the year ended June 30, 1999. Mr. Koser stated each year, the City is required to obtain the opinion of an independent Certified Public Accountant as to the accuracy of the financial statements prepared by City management. The firm of Butcher and Chambers successfully competed for the contract to perform the audit of the City's books of account. Mr. Koser introduced • Mike Butcher of Butcher and Chambers, who reviewed the preparation of the City's audit. Mr. Koser recommended the City Council accept the Fiscal Year 1998/99 Financial Audit Report as submitted. G • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1999 MOTION: Councilmember Elliott moved the City Council accept the Fiscal Year 1998/99 Financial Audit Report as submitted. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) D-2 CONSIDERATION OF ATTORNEY OPINION ON RETROFIT PROGRAM AND WATER RESOURCE ALLOCATION; (CITY ATTORNEY) Acting Public Services Director Greg Fuz stated certification by the California Coastal Commission of the City's Water Management Plan in January 1995 provided the framework for conjunctive management of our water resources to service the community through build out. He said prior to the deliveries of State Water and the completion of an agreement with the County for a drought buffer to insure those deliveries, the City relied on the Water Recovery Allocation Model (Retrofit Program) as approved and amended by the Coastal Commission. Mr. Fuz noted it is now time to look to the future and develop a new allocation method that uses the entirety of our water resources that have • been secured in accordance with our Water Management Plan. He stated for Council consideration in reviewing this matter, a summary prepared by Special Counsel of the City Attorney's office has been prepared which outlines the history of water allocation in Morro Bay as well as discusses options available to the City Council. Mr. Fuz recommended the City Council consider the City Attorney opinion, and refer to Public Works Advisory Board and Planning Commission for joint consideration. Councilmember Peirce requested clarification on the recommendation in the City Attorney's Opinion to adopt State Water impact fees to recover some of the costs of bringing State Water into the City for development. Acting City Manager Robert Hendrix responded although there is a fund balance in the water fund, there are a number of capital needs associated with the water fund that are not identified. He also said an impact fee would also encourage the continuation of the retrofit program. Councilmember Peirce expressed concern with the viability of the current retrofit program. Councilmember Peters asked if legally the City can discontinue the retrofit program. • 9 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1999 City Attorney Robert Schultz responded the City cannot discontinue this program without first going to the California Coastal Commission. He said one of the primary elements in the Coastal Land Use Plan and Water Management Plan is conservation which is done currently through the retrofit program. Mr. Schultz stated if it is found there are not enough retrofits remaining, the City will need to propose another viable conservation plan. Councilmember Peters stated the retrofit program as it stands today has become a financial venture more than a conservation measure. Councilmember Crotzer expressed his support for the retrofit program in order to conserve water. He endorsed the review of the implementation of water allocation policies to the Planning Commission and Public Works Advisory Board. Councilmember Elliott stated initiating impact fees would be charging another tax to the citizens of Morro Bay. He said it can be proved that the City's conservation measures are • superior to other cities in the state average. Mayor Anderson stated there should be mandatory retrofit for those homes and businesses that have 3.5 gallon toilets that can be retrofitted to 1.6 gallon toilets which are very efficient. He also offered for consideration the option of offering a choice of impact fee or retrofitting; in this case, the plumbing contractors may offer retrofits at a reasonable rate, and people will have a choice. The City Council forwarded their comments to the Planning Commission and Public Works Advisory Board to review in a joint meeting. D-3 STATUS REPORT ON THE DUKE ENERGY POWER PLANT EXPANSION PROJECT; (PUBLIC SERVICES) Acting Public Services Director Greg Fuz stated on November 22, 1999 a proposal was presented to the City Council to enter into a non -binding Memorandum of Understanding (MOU) between Duke Energy and the City of Mono Bay. He said the MOU is a legal document that would provide a roadmap for the City's participation in the review process for the proposed Duke Energy Mono Bay Power Plant modernization; and, would record a number of important commitments by both Duke Energy and the City regarding the City's role in the review process and creation of the long -tern vision for the plant site. Mr. Fuz stated the key elements of the proposed MOU include: 1) Master Plan with City • approval; 2) removal of the entire existing power plant and phased replacement; 3) early 10 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 13, 1999 input into a new application; 3) revenue floor; 4) environmental protection; and 5) City response to re -filed application. Mr. Fuz recommended the City Council receive the status report and provide appropriate direction to staff. The City Council received the report for information. Consensus of the City Council was to hold round -table meetings with the concept of exchanging ideas and discussing specific topics based on facts. No further action was taken on this item. D-4 SCHEDULING FOR INTERVIEW DATE FOR APPOINTMENTS TO CITY COMMISSIONS AND ADVISORY BOARD VACANCIES; (ADMINISTRATION) The City Council scheduled the interview date for appointments to City Commission and Advisory Board vacancies for Wednesday, January 19, 2000 at 6:00 p.m. • D-5 SELECTION OF CITY COUNCIL DISCRETIONARY APPOINTMENTS TO VARIOUS BOARDS AND COMMITTEES; (ADMINISTRATION) MOTION: Mayor Anderson moved the City Council maintain their current representation on the various County boards and committees. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) D-6 SELECTION OF VICE -MAYOR TO SERVE A ONE-YEAR TERM; (ADMINISTRATION) MOTION: Councilmember Elliott moved the City Council appoint Councilmember Peirce as Vice -Mayor to serve a one-year term. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) F. ADJOURNMENT The meeting adjourned at 10:47 p.m. Recorded by: Bridge City Clerk 11 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Closed Session Meeting on Monday., December 6, 1999 at 5:00 p•m• in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be considering the following issue: GOVERNMENT CODE SECTION 54957.6: CONFERENCE WITH LABOR NEGOTIATOR. Conference with the Interim 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 instructions to the Designated Representative. The City Council will adjourn to Open Session on Monday. December 6, 1999 at 6:00 p.m. in the Veterans' Memorial Building at 209 Surf Street, Morro Bay, California, to conduct a public workshop along with all City Boards and Commissions concerning the Duke Energy Power Plant Modernization Project. DATED: December 2, 1999 Mtn/ Bridgett B er, City Clerk 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 - NOVEMBER 22, 1999 CLOSED SESSION - NOVEMBER 22, 1999 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. Property: Vacant Lot/Corner of Morro & Harbor Negotiating Parties: Hartzell Family and City of Morro Bay Negotiations: Voluntary Purchase and Sale. Pro a Church Property/Corner of Morro & Beach Negotiating Parties: Christian Scientist Church and City of Morro Bay Negotiations: Voluntary Purchase and Sale. Pro er : Vacant Lot/Corner of Monterey & Harbor Negotiating Parties: Jorge Family and City of Morro Bay Negotiations: Voluntary Purchase and Sale. CS-2 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES. Discussions regarding personnel issues including the appointment of three (3) public employees, specifically the City Manager, Public Services Director and Staff Engineer. • CS-3 GOVERNMENT CODE SECTION 54956.9(A): CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. In re: Harbor • Hut, Inc., United States Bankruptcy Court Case No. ND94-12751RR. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION - NOVEMBER 22, 1999 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 NOVEMBER 8, 1999; (ADMINISTRATION) • RECOMMENDATION: This item has been pulled from the agenda. 2 • A-2 INVESTMENT REPORT - OCTOBER 1999; (FINANCE) RECOMMENDATION: Receive report for information. A-3 EXPENDITURE REPORT - OCTOBER 1999; (FINANCE) RECOMMENDATION: Approve the report. A-4 AUTHORIZATION TO CHANGE HALF-TIME MECHANIC POSITION TO A FULL-TIME POSITION; (PUBLIC SERVICES) RECOMMENDATION: Reallocate one half-time mechanic position to full-time within the Vehicle Maintenance budget. A-5 PROCLAMATION DECLARING DECEMBER 1999 AS "NATIONAL DRUNK AND DRUGGED DRIVING PREVENTION MONTH"; (ADMINISTRATION) RECOMMENDATION: Adopt the Proclamation. A-6 PROCLAMATION IN SUPPORT OF "BUCKLE UP AMERICA" • RECOMMENDATION: Adopt the Proclamation. A-7 RESOLUTION NO. 81-99 ACCEPTING LETTER OF RESIGNATION FROM DAVID COLE; (CITY ATTORNEY) RECOMMENDATION: Adopt Resolution No. 81-99. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 APPEAL OF PLANNING COMMISSION DENIAL OF PROPOSED GO-CART TRACK AT 231 ATASCADERO ROAD - SUP 01-99/CDP 47-98R; (PUBLIC SERVICES) RECOMMENDATION: Deny the appeal of the Planning Commission's decision. C. UNFINISHED BUSINESS - NONE. D. NEW BUSINESS D-1 PRESENTATION OF AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 1999; (FINANCE) • RECOMMENDATION: This item has been pulled from the agenda. 3 D-2 REPORT ON IMPACT FEES ON FIBER OPTIC CABLE PROJECTS; • (HARBOR) • RECOMMENDATION: Receive report on the Fishermen Cable Liaison Committee organizational efforts, and direct staff accordingly. D-3 REQUEST TO ADVERTISE FOR BIDS TO REPAIR THE EROSION AT LILA KEISER PARK; (RECREATION & PARKS) RECOMMENDATION: Authorize staff to advertise for bids to repair the erosion at Lila Keiser Park. D-4 PRESENTATION ON REVISED DUKE ENERGY PLANT EXPANSION PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Receive status report on the Duke Energy Plant Expansion Project. 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. M MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - NOVEMBER 22, 1999 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:00 p.m. PRESENT: STAFF: CLOSED SESSION Rodger Anderson Colby Crotzer Dave Elliott William Peirce Janice Peters Robert Hendrix Robert Schultz Mayor Councilmember Councilmember Councilmember Councilmember Acting City Manager City Attorney MOTION: Councilmember 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 three (3) parcels. Property: Vacant Lot/Corner of Morro & Harbor Negotiating Parties: Hartzell Family and City of Morro Bay Negotiations: Voluntary Purchase and Sale. Property: Church Property/Corner of Morro & Beach Negotiating Parties: Christian Scientist Church and City of Morro Bay Negotiations: Voluntary Purchase and Sale. Property: Vacant Lot/Corner of Monterey & Harbor Negotiating Parties: Jorge Family and City of Morro Bay Negotiations: Voluntary Purchase and Sale. CS-2 GOVERNMENT CODE _SECTION 54957; PERSONNEL ISSUES. Discussions regarding personnel issues including the appointment of three (3) • public employees, specifically the City Manager, Public Services Director and Staff Engineer. 0 CS-3 GOVERNMENT CODE SECTION 54956.9(A): CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. In re: Harbor Hut, Inc., United States Bankruptcy Court Case No. ND94-12751RR. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 22, 1999 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 Greg Fuz Jeff Jones Jim Koser Joe Loven Andrea Lueker Shauna Nauman ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE • THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS Acting City Manager City Attorney City Clerk Harbor Director Acting Public Services Director Fire Chief Finance Director Police Chief Recreation & Parks Director Planning Manager 2 MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - NOVEMBER 22, 1999 CLOSED SESSION REPORT - City Attorney Robert Schultz reported no action was taken by the City Council in Closed Session. PUBLIC COMMENT Gary Gillman spoke in favor of Duke Energy's efforts toward being a good neighbor in the City. He supports the plant upgrade and requested Duke Energy to keep moving in a positive direction. Roger Ewing, Chairman of the Public Arts Foundation, stated the first mural project is underway on Main Street, and also requested donations to the Morro Bay Public Arts Foundation. Mr. Ewing cautioned citizens that politics should be kept separate from the issues surrounding Duke Energy's proposed plant expansion. Nelson Sullivan referred to the City's staff report on the power plant expansion and stated it appeared to be written by Duke Energy. He said the staff report is vague and misleading and that citizens have been excluded from observing negotiations between the . City and Duke Energy. Monique Nelson stated she reviewed the several tour books regarding the power plant's impact on tourism, and she found negative comments in two travel books. She said both books are distributed by the thousands internationally. Ms. Nelson feels the City should find out how much the negative impacts cost before further negotiations with Duke Energy. John Baker spoke in favor of keeping all three stacks instead of removing just one. He said Duke Energy is trying to work with the City and bring the power plant up to date. Mr. Baker said the City should work with Duke Energy to obtain a quieter plant, which takes less water from the bay. He stated he does not believe the plant negatively affects tourism. David Nelson said he was upset to hear that Duke Energy is offering $2 million ahead of the application. He said he wanted to know about the environment, what goes into the air, and how many cars have been painted. Mr. Nelson compared plant emissions to second-hand cigarette smoke. Don Boatman asked Councilmembers to listen to everyone and involve all citizens before making any decisions on the plant expansion. He stated he heard that PG&E promised . the plant would only remain 30 years. i' MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - NOVEMBER 22, 1999 Brian Stacy stated he received two reports on plant fallout. He said one was from PG&E and it states the particulate on his car is simple rust. Mr. Stacy said the other report from the County's Air Pollution Control District states the particulate is iron oxides from the power plant. Patty Dunton read the mission statement from the Coastal Alliance on Plant Expansion. Hal Toon said he was an engineer with Bechtel Corporation, and stated asbestos dust and iron oxide are being expelled from the stacks. He expressed concern about the use of seawater to make pure water, which results in briny water being discharged through the outfall. Mr. Toon stated there is a lot of vibration from units one and two, and he believes a failure could occur. He does not believe the efficiency percentage that Duke Energy lists in its report. Jack McCurdy stated most citizens are only dimly aware that there is a proposal to expand the plant, and most people feel the expansion will happen whether they are involved or not. He said the California Energy Commission will not approve the permit rwithout City support, and the City can stop the project with good reasons. Mr. McCurdy recommended alternative uses for the plant site be considered as well. Tom Williams, Duke Energy Public Affairs Manager, stated he is pleased to hear that the Coastal Alliance has not taken a position on the plant expansion. He said a meeting will be held with Alliance members on December 11 to respond to questions. Mayor Anderson closed the Public Comment period. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peters requested a status report on the City's water allocation and retrofit program be agendized. Councilmember Crotzer requested the City Council approve by 4/5 vote to add an item to tonight's agenda to discuss the Bikeway Path Project funding. MOTION: Councilmember Crotzer moved the City Council add the discussion of the Bikeway Path Project funding as Item D-5 to tonight's agenda. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) rd MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 22, 1999 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 8, 1999; (ADMINISTRATION) RECOMMENDATION: This item has been pulled from the agenda. A-2 INVESTMENT REPORT - OCTOBER 1999; (FINANCE) RECOMMENDATION: Receive report for information. A-3 EXPENDITURE REPORT - OCTOBER 1999; (FINANCE) RECOMMENDATION: Approve the report. A-4 AUTHORIZATION TO CHANGE HALF-TIME MECHANIC POSITION TO A FULL-TIME POSITION; (PUBLIC SERVICES) RECOMMENDATION: Reallocate one halt -time mechanic position to full-time within the Vehicle Maintenance budget. A-5 PROCLAMATION DECLARING DECEMBER 1999 AS "NATIONAL DRUNK AND DRUGGED DRIVING PREVENTION MONTH'; (ADMINISTRATION) RECOMMENDATION: Adopt the Proclamation. A-6 PROCLAMATION IN SUPPORT OF "BUCKLE UP AMERICA" RECOMMENDATION: Adopt the Proclamation. A-7 RESOLUTION NO. 81-99 ACCEPTING LETTER OF RESIGNATION FROM DAVID COLE; (CITY ATTORNEY) RECOMMENDATION: Adopt Resolution No. 81-99. Mayor Anderson pulled Item A-5 from the Consent Calendar. R MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - NOVEMBER 22, 1999 MOTION: Councilmember Elliott moved the City Council approve the Consent Calendar with the exception of Item A-5. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-5 PROCLAMATION DECLARING DECEMBER 1999 AS "NATIONAL DRUNK AND DRUGGED DRIVING PREVENTION MONTH" Mayor Anderson reviewed this proclamation for public information. MOTION: Mayor Anderson moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 APPEAL OF PLANNING COMMISSION DENIAL OF PROPOSED GO-CART TRACK AT 231 ATASCADERO ROAD - SUP 01-99/CDP 47-98R; (PUBLIC SERVICES) • Planning Manager Shauna Nauman stated the appellant has appealed the action of the Planning Commission denying his requested Special Use Permit and Coastal Development Permit for a proposed outdoor, lighted, go-cart track for racing up to 10 carts simultaneously with associated site improvements. The grounds for this appeal are that "facts do not justify denial of this project". Ms. Nauman stated the Planning Commission carefully considered the proposed project and determined that noise impacts would adversely impact the general welfare and peaceful enjoyment of the property owners and residents of the surrounding neighborhood. The Commission indicated that they could support the project, with conditions, if the applicant would agree to use electric carts rather than carts with gasoline engines. Any approval recommendation would be predicated on the use of electric carts to minimize noise impacts. Ms. Nauman presented three alternatives for Councilmembers' consideration: 1) Deny the appeal, upholding the Planning Commission's action, thereby denying SUP 01-99/CDP 47-98R; 2) Uphold the appeal, overturning the Planning Commission's action and directing staff • to complete a draft negative declaration for the proposed project and reschedule for reconsideration by the Planning Commission; 0 MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - NOVEMBER 22, 1999 3) Uphold the appeal, overturning the Planning Commission's action and directing staff to complete a draft negative declaration for the proposed project and reschedule for final action by the City Council. Appellant Rodney Miles expressed concern that his new sound study was not examined by staff. He presented 200 petition signatures in support of his project, and he feels batting cages and the track are wanted and needed by the community. Mr. Miles said the most number of parking spaces ever used was 47 during a charity event, and on busy days only 24 cars are present. He said there is no need for additional parking, and he offered to install curb and gutter all the way to the high school entrance. Mr. Miles said he was willing to provide noise mitigation by building a wall and by restricting open hours. Nick Krause, sound engineer, presented the results of his noise study. He concluded that the track would be in compliance with the allowable daytime noise level limit at both the high school and the nearest residence in the Silver City mobile home park and the Sunset Court neighborhood. . Mayor Anderson opened the hearing for public comment. • Wilma Geiger, who lives on Atascadero Road, stated 1,000 people will be affected by the go-cart track, and noted that after 6 p.m. there is little traffic and the surrounding community is quiet. She said she is opposed to the noise the track will generate. Dave Nelson stated kids need something to do and this would be one way to keep teenagers off the street. Sherry Hardsock, Manager of Paradise Island, stated there is a lot of support for go-carts among people who come to play miniature golf. She also noted parking is sufficient at Paradise Island to fulfill this proposed use. Travis Holt expressed his support for go-carts and said many people bypass Paradise Fun Park to go to Santa Maria for the go-carts. Rory Livingston, Assistant Superintendent of Business for San Luis Coastal School District, stated high-pitched engines provide an unacceptable sound level. He said the project fails to meet zoning requirements and does not meet the threshold of overriding public benefit, and the school district is opposed to it. 7 MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - NOVEMBER 22, 1999 Nancy Castle expressed concern about all the layers of noise throughout the area, and she believes all the different noises add to each other. She said pollution will increase and sound walls will not enhance the pastoral nature of the surrounding area. Jesse Franklin expressed his opposition to go-carts because he attends night school at Morro Bay High School and feels the noise from go-carts may be distracting, and engine fumes will create pollution. Steve Mathieu stated the project could go forward with quiet electric go-carts. Mayor Anderson closed the public comment hearing. Councilmember Peirce expressed concern about noise pollution, and he noted noise seems louder at night. Councilmember Peters asked if batting cages are part of the application. She noted that exhaust fumes hung over the track at Camelot Park. Councilmember Peters stated she • would support a project that incorporated electric -powered vehicles. Councilmember Crotzer stated noise is cumulative and, as a teacher, and expressed concern with the compatible nature of this proposed use next to a school. Councilmember Elliott stated that pollution is the major issue, and small engines add a great deal of pollutants to the atmosphere. He said a huge sound wall would not be a solution, and there may not be a place for go-carts in Morro Bay. Mayor Anderson stated number of decibels and level of irritation with sound are two different issues. He said he would support electric carts as an alternative. Mayor Anderson also noted the miniature golf course has posed no problems for either law enforcement or neighbors to date. MOTION: Councilmember Peters moved the City Council deny the appeal of the Planning Commission's decision, thereby affirming the Planning Commission's action to deny SUP 01-99/CDP 47-98R, subject to the adopted findings contained in the Planning Commission staff report, dated September 20, 1999, as amended, and based on all oral and written testimony received. The motion was seconded by Councilmember Peirce and unanimously approved. (5-0) • C. UNFINISHED BUSINESS - None. 0 MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - NOVEMBER 22, 1999 D. NEW BUSINESS D-1 PRESENTATION OF AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 1999; (FINANCE) This item was pulled from the agenda. D-2 REPORT ON IMPACT FEES ON FIBER OPTIC CABLE PROJECTS; (HARBOR) Bob Lucas of MCI World -Corn summarized the steps taken by fiber optic cable companies to allay the concerns of local fishermen and to allow fishing over undersea cables. He said that exposed cables have been the single common denominator, and that problem has been solved by burying the cable wherever necessary. Mr. Lucas said World Com, AT&T and Global Photon have agreed to reimburse fishermen for any lost gear and to relieve them of any liability for snagging cable. He said four trawler fishermen and four cable company representatives are on the liaison committee, which will be organized into a mutual benefit non-profit corporation. Mr. Lucas stated each cable company will • put $100,000 into a mitigation fund to be disbursed by the committee, for a total of $300,000 annually. Jody Giannini, Chairman of the Fiber Optic Committee, stated it has been a pleasure to work with World Com and the company has been willing to bury cable to 39 inches and avoid hard -bottom areas. He said fishing grounds will not be lost, and liability issues have been addressed. Councilmember Elliott stated that any agreement entered into between the cable companies and the fishing industry is not subject to intervention or examination by the City or by the public. Councilmember Crotzer stated fees should be extracted for use of public lands, and it is corporate welfare he objects to. He said the EIR prepared by World Com should be a model for the industry, and that results for the fishing industry have been positive and cooperative. Mayor Anderson complimented Mr. Lucas for World Com's cooperation and stated there will be financial aid measures that will benefit these projects as well as the maritime museum and teen center in the City. • Harbor Director Rick Algert stated the three goals desired by the City have been achieved. 0 MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - NOVEMBER 22, 1999 D-3 REQUEST TO ADVERTISE FOR BIDS TO REPAIR THE EROSION AT LILA KEISER PARK; (RECREATION & PARKS) Recreation and Parks Director Andrea Lueker stated that, based on an informal walk- through of the park, a local contractor has provided an estimate for the stabilization of the creek bank. The estimate for stabilizing 100 feet of the bank with a sheet pile wall is $51,000. Councilmember Elliott stated that this park is used extensively by the community and the City cannot allow it to deteriorate further. Finance Director Jim Koser stated financing options will be explored after bids are accepted. MOTION: Councilmember Peirce moved the City Council authorize the advertisement for bids to repair the erosion at Lila Keiser Park. The motion was seconded by Councilmember Peters and unanimously carried. • D-4 PRESENTATION ON REVISED DUKE ENERGY PLANT EXPANSION PROJECT; (PUBLIC SERVICES) Acting Public Services Director Greg Fuz stated that Duke Energy filed an application for certification on August 31, 1999, with the California Energy Commission to modernize the Morro Bay Power Plant. During the initial review and after Duke Energy's decision to temporarily withdraw the application, staff has conducted a series of meetings with Duke Energy representatives to explore options for addressing the City's concerns. Mr. Fuz said that Mark Seedall, Project Manager for Duke Energy, will present the changes for the City Council and the public, and that several public workshops will be held over the coming months in order to reach consensus and agreement on the application process. Mr. Fuz stated the end result will be a binding legal agreement, and this is the beginning of the process. Mr. Seedall summarized Duke Energy's plans and concluded by stating that City staff bargained hard with Duke Energy and the result has been a better plan. He said substantial capital and resources are necessary to complete this project, and the citizens' support is needed. Mr. Seedall asked for City support and assistance to prepare a CEC application for Spring of 2000, and noted Duke Energy will also need City support for removal of existing oil tanks. • Mayor Anderson invited the public to the workshops on November 30 and December 6. 10 MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - NOVEMBER 22, 1999 D-5 DISCUSSION OF BIKEWAY PATH PROJECT FUNDING MOTION: Councilmember Crotzer moved the City Council add this item to the agenda because immediate action is necessary as SLOCOG could re- channel bike path funds on December 8 if no action is taken. The motion was seconded by Councilmember Peters and unanimously approved. (5-0) Councilmember Crotzer stated the San Luis Coastal School District Board believes there has been a lack of cooperation between the school board and the City of Morro Bay. He said the funds will be lost if an agreement cannot be reached on the boundaries of the bike path. Councilmember Crotzer stated a compromise can benefit both the school board's desire for new playing fields and the City's desire for a bike path. MOTION: Councilmember Peters moved the City Council extend the meeting beyond 11:00 p.m. The motion was seconded by Councilmember Crotzer and unanimously approved. (5-0) • Councilmember Elliott stated the SLOCOG funds will be allocated to some other project or returned to the State at the December 8 meeting. He said the issue is whether or not the City will support the school board's request for a Coastal Development Permit, not the boundaries of the proposed bike path. Rory Livingston stated the school district's goal is to develop new playing fields, and a row of trees will have to be removed. He said City staff told him that a Coastal Development Permit will be necessary, and it will not be possible to take down the trees. Mr. Livingston said new playing fields have to be built because of Title IX and CIF standards. He said SLOCOG staff had raised an issue of time lines that was unacceptable to the school board on the night of the meeting. Mr. Livingston stated there is a conflict between the school district's need to remove the trees and the need of the City to secure funding for the bike path. He said the school district will not commit to the bike path unless they know what will happen with the playing fields. Councilmember Crotzer stated there may be a way to re -engineer the bike path so it will not infringe on the playing fields. Acting City Manager Bob Hendrix replied that there are constraints because of ADA standards, but it would be difficult to re -engineer the path within ten days. Councilmember Peirce asked if there is a way to use the bike path funds on Main Street is in order not to lose them altogether. 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 22, 1999 Councilmember Peters asked if school district staff, City staff and SLOCOG staff can try to work out a solution at this time; otherwise, the funds could be allocated to the Main Street path. The City Council requested staff contact SLOCOG on the timeline for this project and the options of maintaining the funding mechanism. No further action was taken on this matter. F. ADJOURNMENT The meeting adjourned at 11:37 p.m. Recorded by: • &14UBridgett Bauer City Clerk • 12 City of Morro Bay MORRO BAY, CALIFORNIA 805-772-6200 lam � I 1\ `�� ri��3�1 E'"�,if,� n.+7 ..s.�z.. ir�_�?S �✓u..�= .._ .—_ �1ni, ��i / _ NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Meeting on Monday, November 15, 1999 at 5.00 p.m, to be held at the Community Center Senior Lounge, 1001 Kennedy Way, Morro Bay, California. The City Council will be holding an open session meeting to consider the acceptance of the resignation of the City Manager. Council will then • adjourn to closed session to discuss the following: Government Code Section 54957; Personnel Issues. Discussions • regarding personnel issues including the appointment of an interim City Manager. It is noted that the contents of closed session meetings are confidential and exempt from disclosure Following the closed session, the City Council will return to open session to receive the Course Orientation on the City of Morro Bay's Standardized Emergency Management System. DATED: November 12, 1999 Bridgett Ba r, City Clerk FINANCE ADMINISTRATION FIRE DEPARTMENT 595 Harbor Street 595 Harbor Street 71 5 Harbor Street HARBOR DEPARTMENT PLANNING AND BUILDING POLICE DEPARTMENT 1275 Embarcadero „y535 Harbor Street 850 Morro Bay Blvd. PUBLIC WORKS 695 Harbor Street RECREATION AND PARKS 1001 Kennedy Way NOTICE OF SPECIAL WORKSHOP NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Workshop on Monday, November 15, 1999 at 6:00 pm, to be held at' the Community Center Senior Lounge, 1001 Kennedy Way, Morro Bay, California. The City Council will be receiving the Course Orientation on the City of Mono Bay's Standardized Emergency Management System. DATED: November 8, 1999 • I is i_- ::% 0 C • NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Meeting on Monday, November 15, 1999 at 5:00 p L to be held at the Community Center Senior Lounge, 1001 Kennedy Way, Morro Bay, California. The City Council will be holding an open session meeting to consider the acceptance of the resignation of the City Manager adjourn to closed session to discuss the following: Council will then Government Code Section 54957; Personnel Issues Discussions regarding personnel issues including the appointment of an interim City Manager. It is noted that the contents of closed session meetings are confidential and exempt from disclosure Following the closed session, the City Council will return to open session to receive the Course Orientation on the City of Morro Bay's Standardized Emergency Management System. DATED: November 12, 1999 Bridgett Bai4r, City Clerk 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, November 10, 1999 at 6:00 p.m. to be held in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be discussing: 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: November 9, 1999 �b Bridgett Qjer, City Clerk • 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 Tuesday, November 9, 1999 at 6:00 p.m. to be held at the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be discussing: GOVERNMENT CODE SECTION 54956 8; REAL PROPERTY TRANSACTIONS. Instructing City's real property negotiator regarding the price and terms of payment for a license and/or easement agreement. • Property: Water outfall line right-of-way easement. Negotiating Parties: Duke Energy and City of Morro Bay. Negotiations: Renegotiation and/or extension of terms and conditions of agreement. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. DATED: November 5, 1999 Bridgett Wuer, City Clerk 0 • . C1 -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 8, 1999 CLOSED SESSION - NOVEMBER 8, 1999 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 terns of payment for the purchase, sale, exchange, or lease of real property as to one (1) parcel. Proper : Lease Site 89/89W Negotiating Parties: Kurt Steinmann and City of Morro Bay Negotiations: Renegotiation and waiver of terms and conditions of current agreement. 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: Vacant lot at Quintana Road and Kennedy Way Negotiating Parties: County of San Luis Obispo and City of Morro Bay Negotiations: Possible purchase of vacant lot that was foreclosed on by the County for unpaid property taxes. • • CS-3 GOVERNMENT 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 to the mid -management labor unit, and giving instructions to the Designated Representative. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION - NOVEMBER 8,1999 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE • THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. 2 • 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 11, 1999, AND SPECIAL MEETING OF SEPTEMBER 9, 1999; (ADMINISTRATION) RECOMMENDATION: Approve minutes as submitted. A-2 STATEMENT OF CASH & INVESTMENTS - SEPTEMBER 1999; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - SEPTEMBER 1999; (FINANCE) RECOMMENDATION: Approve report as submitted. A-4 RESOLUTION NO. 80-99 APPROVING GRANT APPLICATION FOR VESSEL PUMP -OUT IMPROVEMENT; (HARBOR) • RECOMMENDATION: Adopt Resolution No. 80-99 authorizing the City to enter into grant agreements in the amount of $10,000 from the Department of Boating & Waterways for the improvement of the Tidelands Dock Vessel Sewage Pumpout. • A-5 RESOLUTION NO. 79-99 APPROVING AGREEMENT FOR CITY TREE MAINTENANCE SERVICES; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 79-99. A-6 ACCEPTANCE OF COMPLETION OF STREET RESTRIPING PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Accept the project as completed by Super Seal & Stripe, Inc., and authorize the recording of the Notice of Completion. A-7 RESOLUTION NO. 78-99 APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CONFIDENTIAL EMPLOYEE UNIT; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 78-99. 3 A-8 PROCLAMATION DECLARING NOVEMBER 15, 1999 AS "AMERICA RECYCLES DAY"; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS, REPORTS & APPEARANCES - NONE. • K_ . : w D-I CONSIDERATION OF APPOINTMENT OF A COUNCILMEMBER TO SAN LUIS OBISPO COUNCIL OF GOVERNMENTS' PROPOSED LOCAL OPTION SALES TAX STEERING COMMITTEE; (ADMINISTRATION) RECOMMENDATION: Discuss and appoint a Councilmember to the San Luis Obispo Council of Governments' proposed Local Option Sales Tax Steering Committee. D-2 REQUEST TO AGENDIZE CONSIDERATION OF A CITIZEN'S REQUEST REGARDING DUKE ENERGY POWER PLANT EXPANSION; • (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. D-3 REQUEST TO AGENDIZE CONSIDERATION OF A'CITIZEN'S APPEAL OF THE UTILITY REVIEW COMMITTEE'S DECISION; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. D-4 CITY ATTORNEY REPORT ON BROWN ACT DISCLOSURE OF CLOSED SESSION ITEMS; (CITY ATTORNEY) RECOMMENDATION: Receive report for information. MINEW-00619911513041" 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. 17 MINUTES - MORRO BAY CITY COUNCIL • CLOSED SESSION - NOVEMBER 8, 1999 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: CLOSED SESSION David Cole Robert Schultz Rick Algert Bill Boucher City Manager City Attorney Harbor Director Capital Projects Coordinator 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 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: Lease Site 89/89W Negotiating Parties: Kurt Steinmann and City of Morro Bay Negotiations: Renegotiation and waiver of terms and conditions of current agreement. 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: Vacant lot at Quintana Road and Kennedy Way Negotiating Parties: County of San Luis Obispo and City of Morro Bay Negotiations: Possible purchase of vacant lot that was foreclosed on by the is County for unpaid property taxes. 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 to the mid -management labor unit, and giving instructions 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 Elliott moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 8, 1999 VETERANS MEMORIAL HALL - 6:00 P.M. • Mayor Anderson called the meeting to order at 6:00 p.m. PRESENT: Rodger Anderson Colby Crotzer Dave Elliott William Peirce Janice Peters STAFF: David Cole Robert Schultz Bridgett Bauer Rick Algert Gregg Beuer Janeen Burlingame Robert Hendrix Jeff Jones Jim Koser Andrea Lueker Shauna Nauman • Mayor Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Clerk Harbor Director Acting Police Chief Administrative Assistant Public Services Director Fire Chief Finance Director Recreation & Parks Director Planning Manager 2 MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - NOVEMBER 8, 1999 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 no reportable action was taken by the City Council on the Closed Session agenda. PUBLIC COMMENT Louise Barkus stated MAYDAY is not able to continue their services unless funding is acquired. She said contributions are encouraged in order to maintain this service. Phyllis Borgardt thanked those who volunteered their time at MAYDAY. Leabah Winter stated for public information that a trust fund has been set up to assist MAYDAY. Ahnawake Unger addressed Item D-3 (Request to Agendize Consideration of a Citizen's Appeal of the Utility Review Committee's Decision) stating her appeal is based on the service due the citizens of Morro Bay to mitigate over -charged water bills. Jack McCurdy addressed Item D-2 (Request to Agendize Consideration of a Citizen's Request Regarding Duke Energy Power Plant Expansion) reviewing a section in a manual by the California Energy Commission on how to improve public involvement in facility planning. Nelson Sullivan also addressed Item D-2 and requested the City Council allow observers to attend the meetings between City staff and Duke Energy. David Nelson referred to the application prepared by City staff on the Duke Energy Power Plant Expansion Project, and suggested the City conduct a public workshop on this project. Meredith Bates stated the Public Works Advisory Board will be conducting public workshops regarding the Cable Renewal Franchise. She also addressed Item D-2 and requested Council's support in facilitating a public meeting place for community groups and access to Channel 54 for public awareness on the Duke Energy Power Plant Expansion Project. 3 MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - NOVEMBER 8, 1999 Mark Seedall representing Duke Energy stated public workshops are held each Thursday at the power plant regarding the proposed expansion project. John Barta addressed the City's water supply and said there is plenty of water to fulfill the City's needs. Mayor Anderson closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Crotzer requested to agendize the discussion pertaining to the City's delivery of water to its citizens, and including the issue of water pressure throughout the City. Mayor Anderson suggested allowing this discussion to take place at the beginning of the year 2000 when the infrastructure program for the City is reviewed by Council. Mayor Anderson requested to agendize the discussion of informing citizens of sex offenders in their neighborhoods. • Mayor Anderson requested to agendize the discussion of multi -zoning on North Main Street on residential/commercial properties. 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 11, 1999, AND SPECIAL MEETING OF SEPTEMBER 9, 1999; (ADMINISTRATION) RECOMMENDATION: Approve minutes as submitted. A-2 STATEMENT OF CASH & INVESTMENTS - SEPTEMBER 1999; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - SEPTEMBER 1999; (FINANCE) RECOMMENDATION: Approve report as submitted. MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - NOVEMBER 8, 1999 A-4 RESOLUTION NO. 80-99 APPROVING GRANT APPLICATION FOR VESSEL PUMP -OUT IMPROVEMENT; (HARBOR) RECOMMENDATION: Adopt Resolution No. 80-99 authorizing the City to enter into grant agreements in the amount of $10,000 from the Department of Boating & Waterways for the improvement of the Tidelands Dock Vessel Sewage Pumpout. A-5 RESOLUTION NO. 79-99 APPROVING AGREEMENT FOR CITY TREE MAINTENANCE SERVICES; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 79-99. A-6 ACCEPTANCE OF COMPLETION OF STREET RESTRIPING PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Accept the project as completed by Super Seal & Stripe, • Inc., and authorize the recording of the Notice of Completion. A-7 RESOLUTION NO. 78-99 APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CONFIDENTIAL EMPLOYEE UNIT; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 78-99. A-8 PROCLAMATION DECLARING NOVEMBER 15, 1999 AS "AMERICA RECYCLES DAY'; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. Councilmember Crotzer pulled Item A-1 of the Consent Calendar; Mayor Anderson pulled Item A-4; and Councilmember Peters pulled Item A-5. MOTION: Councilmember Crotzer moved the City Council approve the Consent Calendar with the exception of Items A-1, A-4, and A-5. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) 5 MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - NOVEMBER 8, 1999 A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF OCTOBER 11, 1999, AND SPECIAL MEETING OF SEPTEMBER 9, 1999 Councilmember Crotzer pulled the minutes of September 9, 1999 in order to confirm with staff that the status of the Morro Bay High School pool swim program, and review of alternatives for funding of a community pool be maintained on the tracking sheet for Council review. MOTION: Councilmember Crotzer moved the City Council approve Item A-] of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-4 RESOLUTION NO. 80-99 APPROVING GRANT APPLICATION FOR VESSEL PUMP -OUT IMPROVEMENT Mayor Anderson requested staff clarification on the vessel pump -out improvement and how it will benefit the City. • Harbor Director Rick Algert stated the sewage pump -out currently installed on the Tidelands Park side -tie dock was installed when the dock was built in 1995. He said currently this pump -out is the most heavily used in the bay. As a result of its age and level of use, there is substantial time and money expended on routine maintenance to keep the unit operational. Mr. Algert stated the proposed grant application will cover 100% of the equipment costs to replace the existing well -used pump, and the existing pump will be maintained as a back-up pump. MOTION: Mayor Anderson moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-5 RESOLUTION NO. 79-99 APPROVING AGREEMENT FOR CITY TREE MAINTENANCE SERVICES Councilmember Peters reviewed the agreement for City tree maintenance services for public information. MOTION: Councilmember Peters moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) 51 MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - NOVEMBER 8, 1999 Mayor Anderson called for a break at 7:19 p.m.; the meeting resumed at 7:32 p.m. B. PUBLIC HEARINGS, REPORTS & APPEARANCES - NONE. C. UNFINISHED BUSINESS - NONE. D. NEW BUSINESS D-I CONSIDERATION OF APPOINTMENT OF A COUNCILMEMBER TO SAN LUIS OBISPO COUNCIL OF GOVERNMENTS' PROPOSED LOCAL OPTION SALES TAX STEERING COMMITTEE; (ADMINISTRATION) Councilmember Elliott stated the San Luis Obispo Council of Governments' (SLOCOG) Executive Committee agreed at its October 13 meeting that SLOCOG should move forward with formation of the proposed Local Option Sales Tax Program Steering Committee to obtain relevant information for long-range strategic planning. Accordingly, SLOCOG is asking that each member agency appoint an elected official to . serve as its delegate on the Committee. Councilmember Elliott stated the representatives on the Committee will be asked to submit the major transportation programs and projects their jurisdictions would like to fund with the supplemental funding source that would be created by a local option sales tax. • MOTION: Councilmember Peirce moved the City Council appoint Councilmember Elliott as the representative, and Councilmember Crotzer as the alternate representative to serve as the City's delegates on the Local Option Sales Tax Program Steering Committee. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) D-2 REQUEST TO AGENDIZE CONSIDERATION OF A CITIZEN'S REQUEST REGARDING DUKE ENERGY POWER PLANT EXPANSION; (ADMINISTRATION) Councilmember Crotzer requested this item as a Future Agenda Item at the October I 1 City Council meeting. This request was made after receiving public comment from Ellen Sturtz who requested Council consideration of providing a meeting room at no cost to community groups to review the California Energy Commission process in the Duke Energy Power Plant Expansion Project. Ms. Sturtz also requested access to Channel 54 and limited funding to cover costs of printing and other items. 7 MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - NOVEMBER 8, 1999 Councilmember Crotzer stated these requests are in order to allow the community to be involved in the review of the California Energy Commission process in the Duke Energy Power Plant Expansion Project. MOTION: Councilmember Elliott moved the City Council deny the citizen's request of the City to provide a meeting room at no cost to community groups to review the California Energy Commission process in the Duke Energy Power Plant Expansion Project, and also deny the request for access to Channel 54 and limited funding to cover costs of printing and other items. The motion was seconded by Councilmember Peirce and carried with Councilmember Crotzer voting no. (4-1) D-3 REQUEST TO AGENDIZE CONSIDERATION OF A CITIZEN'S APPEAL OF THE UTILITY REVIEW COMMITTEE'S DECISION; (ADMINISTRATION) City Manager David Cole stated the City has received a request from a citizen for an appeal hearing of the Utility Review Committee's decision regarding her water bill. Mr. Cole recommended the City Council discuss this matter and direct staff accordingly. MOTION: Councilmember Elliott moved the City Council deny the request to consider the citizen request for an appeal hearing of the Utility Review Committee's decision regarding her water bill. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) D-4 CITY ATTORNEY REPORT ON BROWN ACT DISCLOSURE OF CLOSED SESSION ITEMS; (CITY ATTORNEY) City Attorney Robert Schultz reviewed the requirements for Closed Session disclosure for public and City Council's information. The City Council received Mr. Schultz's report for information, and no further action was taken on this item. F. ADJOURNMENT - The meeting adjourned at 8:37 p.m. Recorded by: Bridge • City Clerk 8 n u F--I u • Cityof Morro Bay y 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 11,1999 CLOSED SESSION - OCTOBER 11,1999 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 a license and/or easement agreement. Proper : Water outfall line right-of-way easement. Negotiating Parties: Duke Energy and City of Morro Bay. Negotiations: Renegotiation and/or extension of terms and conditions of agreement. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION - OCTOBER 11,1999 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. • 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 27, 1999; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. 2 1• • 0 A-2 APPROVAL TO WITHDRAW FROM THE JOINT TRANSIT REQUEST FOR PROPOSALS AND EXTEND THE CURRENT MORRO BAY DIAL -A -RIDE OPERATIONS AGREEMENT WITH LAIDLAW TRANSIT SERVICES; (ADMINISTRATION) RECOMMENDATION: Withdraw from the joint transit RFP and extend the current Morro Bay Dial -A -Ride Operations Agreement with Laidlaw Transit Services. A-3 AWARD CONTRACT FOR INSTALLATION OF WASTEWATER TREATMENT PLANT METERING MANHOLE; (PUBLIC SERVICES) RECOMMENDATION: Award the project contract to Whitaker Contractors, Inc. in the amount of $45,031. A-4 PROCLAMATION DECLARING OCTOBER 23-31, 1999 AS "RED RIBBON WEEK"; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. A-5 APPROVAL OF SETTLEMENT AGREEMENTS REGARDING DONVILLE V. CITY OF MORRO BAY RECOMMENDATION: Approve the two separate settlement agreements with the Donvilles and North Coast Engineering. D-1 APPROVAL OF FUNDING FOR CITY COUNCIL REPRESENTATION AT THE "SAN LUIS OBISPO COUNTY DAY IN WASHINGTON, D.C.", AND CONSIDERATION OF CANCELLATION OF THE OCTOBER 25, 1999 CITY COUNCIL MEETING; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. D-2 PRESENTATION ON THE DRAFT COMPREHENSIVE CONSERVATION AND MANAGEMENT PLAN PREPARED BY THE NATIONAL ESTUARY PROGRAM RECOMMENDATION: Receive presentation for information. 3 U • • D-3 FIBER OPTIC CABLE PROJECT STATUS REPORT, AND RESOLUTION NO. 77-99 IN SUPPORT OF PROPOSED HARBOR OF SAFE REFUGE LEGISLATION; (HARBOR) RECOMMENDATION: Review the report on offshore fiber optic cable projects, and adopt Resolution No. 77-99 supporting legislation to designate State "Harbors of Safe Refuge" including Morro Bay Harbor. D-4 REVIEW AND UPDATE OF CHAPTER 7 (ANIMAL CONTROL SECTION) OF THE MORRO BAY MUNICIPAL CODE; (POLICE) RECOMMENDATION: Review amendments reflecting recent changes in the San Luis Obispo County Code and state law; and provide input on any additional animal regulation concerns. D-5 CONSIDERATION OF REQUEST FROM AIR POLLUTION CONTROL DISTRICT FOR CONTRIBUTION TOWARD CENTRAL COAST OZONE STUDY; (ADMINISTRATION) RECOMMENDATION: Consider the contribution of up to $2,500 to the Central Coast Ozone Study. ®AMOO OUVIA iM 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. M MINUTES - MORRO BAY CITY COUNCIL, REGULAR MEETING - OCTOBER 11, 1999 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: David Cole Michael Boyajian Bridgett Bauer Rick Algert Janeen Burlingame Robert Hendrix Jeff Jones Jim Koser Joe Loven Andrea Lueker Shauna Nauman ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS City Manager Assistant City Attorney City Clerk Harbor Director Administrative Assistant Public Services Director Fire Chief Finance Director Police Chief Recreation & Parks Director Planning Manager CLOSED SESSION REPORT - The Closed Session meeting was canceled Ellen Sturtz requested the City consider providing a "no cost" meeting room, access to Channel 54, and funding for printing costs to unfunded community groups in order to review the Duke Power Plant expansion. Councilmember Crotzer asked that Ellen Sturtz's Duke Power Plant expansion request be agendized to discuss City policies. 0 MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - OCTOBER 11, 1999 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 27, 1999; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 APPROVAL TO WITHDRAW FROM THE JOINT TRANSIT REQUEST FOR PROPOSALS AND EXTEND THE CURRENT MORRO BAY DIAL -A -RIDE OPERATIONS AGREEMENT WITH LAIDLAW TRANSIT SERVICES; (ADMINISTRATION) RECOMMENDATION: Withdraw from the joint transit RFP and extend the current Morro Bay Dial -A -Ride Operations Agreement with Laidlaw Transit • Services. • A-3 AWARD CONTRACT FOR INSTALLATION OF WASTEWATER TREATMENT PLANT METERING MANHOLE; (PUBLIC SERVICES) RECOMMENDATION: Award the project contract to Whitaker Contractors, Inc. in the amount of $45,031. A-4 PROCLAMATION DECLARING OCTOBER 23-31, 1999 AS "RED RIBBON WEEK"; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. A-5 APPROVAL OF SETTLEMENT AGREEMENTS REGARDING DONVILLE V. CITY OF MORRO BAY RECOMMENDATION: Approve the two separate settlement agreements with the Donvilles and North Coast Engineering. Councilmember Elliott pulled Item A-2 from the Consent Calendar, and Mayor Anderson pulled Items A-4 and A-5. 2 . MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 11, 1999 MOTION: Councilmember Peters moved the City Council approve the Consent Calendar with the exception of Items A-2, A-4, and A-5. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-2 APPROVAL TO WITHDRAW FROM THE JOINT TRANSIT REQUEST FOR PROPOSALS AND EXTEND THE CURRENT MORRO BAY DIAL -A -RIDE OPERATIONS AGREEMENT WITH LAIDLAW TRANSIT SERVICES; (ADMINISTRATION) Councilmember Elliott commended staff on their efforts on this proposal. MOTION: Councilmember Elliott moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-4 PROCLAMATION DECLARING OCTOBER 23-31, 1999 AS "RED RIBBON WEEK"; (ADMINISTRATION) • Mayor Anderson read this proclamation for public information. MOTION: Mayor Anderson moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) A-5 APPROVAL OF SETTLEMENT AGREEMENTS REGARDING DONVILLE V. CITY OF MORRO BAY Assistant City Attorney Michael Boyajian reviewed the case filed against the City and the proposed settlement agreements. Mr. Boyajian recommended the City Council approve the settlement agreements with the Donvilles and North Coast Engineering. MOTION: Mayor Anderson moved the City Council approve the settlement agreement regarding Danville v. City of Morro Bay and authorize its execution. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) MOTION: Councilmember Peters moved the City Council approve the settlement agreement regarding Danville v. North Coast Engineering and authorize its execution. The motion was seconded by Councilmember Elliott and • carried unanimously. (5-0) 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 11, 1999 C. UNFINISHED BUSINESS - NONE. Mayor Anderson requested to take the agenda out of order to hear Item D-2 prior to Item D-1; Council concurred. EINERMAMIGUMM D-1 APPROVAL OF FUNDING FOR CITY COUNCIL REPRESENTATION AT THE "SAN LUIS OBISPO COUNTY DAY IN WASHINGTON, D.C.", AND CONSIDERATION OF CANCELLATION OF THE OCTOBER 25, 1999 CITY COUNCIL MEETING; (ADMINISTRATION) The City Council discussed funding for Mayor Anderson, Councilmember Elliott and Councilmember Peters to attend the San Luis Obispo County Day in Washington, D.C.. Also, due to the lack of a quorum, Council also discussed the cancellation of the October 25, 1999 regularly scheduled City Council meeting. • Councilmember Crotzer stated he will not support the expense of sending the Mayor and two Council Members on this trip, and he does not support the cancellation of the October 25th City Council meeting. MOTION: Councilmember Elliott moved the City Council approve funding expenses for Mayor Anderson, Councilmember Elliott and Councilmember Peters to travel to Washington, D.C. to attend the "San Luis Obispo County Day in Washington, D.C." through their personal discretionary funds and Harbor Fund conference/travel budget funds. The motion was seconded by Councilmember Peters and carried with Councilmember Crotzer voting no. (4-1) MOTION: Councilmember Elliott moved the City Council cancel the October 25, 1999 regularly scheduled City Council meeting due to a lack of quorum. The motion was seconded by Councilmember Peirce and carried with Councilmember Crotzer voting no. (4-1) Mayor Anderson called for a break at 7:20 p.m.; the meeting resumed at 7:32 p.m. I� 4 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 11, 1999 D-2 PRESENTATION ON THE DRAFT COMPREHENSIVE CONSERVATION AND MANAGEMENT PLAN PREPARED BY THE NATIONAL ESTUARY PROGRAM The City Council received a presentation from Melissa Mooney, Director of the National Estuary Program, on the Draft Comprehensive Conservation and Management Plan for Morro Bay. No action was taken on this item. D-3 FIBER OPTIC CABLE PROJECT STATUS REPORT, AND RESOLUTION NO. 77-99 IN SUPPORT OF PROPOSED HARBOR OF SAFE REFUGE LEGISLATION; (HARBOR) Harbor Director Rick Algert reviewed the status of the off -shore fiber optic cable projects in San Luis Obispo County. Mr. Algert requested the City Council adopt Resolution No. 77-99 supporting legislation to establish certain harbors as "Harbors of Safe Refuge" in • California to support future maintenance dredging for California small craft harbors, including Morro Bay harbor, and potentially, as one method to establish impact fees on fiber optic cables for their use of off -shore State lands. Councilmember Crotzer stated the City should consider impact fees for fiber optic cable projects to support various beneficial programs. He said corporations should not benefit from revenue sources that are derived from public state park lands. Councilmember Crotzer expressed the importance that this issue be opened up for public input. Mayor Anderson stated harbor maintenance is his first priority, and he does not want to jeopardize the Harbor of Safe Refuge Legislation by attaching the State Harbor Improvement project monies to it. Councilmember Peirce stated the precedent of not paying fees has already been set. He supports to continue with the Harbors of Safe Refuge Legislation where the state collects fees for these cable projects. Councilmember Peters expressed concern with the City losing its Safe Refuge designation, and would like to use this designation in order to obtain funding for the City's harbor. • Councilmember Elliott expressed the importance of protecting the City's harbor. 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 11, 1999 MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 77- 99 supporting legislation to designate certain harbors as "Harbors of Safe Refuge" in California to support future maintenance dredging for California small craft harbors, including Morro Bay harbor, and potentially, as one method to establish impact fees on fiber optic cables for their use of off -shore State lands. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) The City Council directed staff to agendize for future discussion the implementation of impact fees on fiber optic cable operations. D-4 REVIEW AND UPDATE OF CHAPTER 7 (ANIMAL CONTROL SECTION) OF THE MORRO BAY MUNICIPAL CODE; (POLICE) Police Chief Joe Loven reviewed the draft amendments to Title 7 of the Morro Bay Municipal Code regarding animal control regulations, which include revisions made by • the San Luis Obispo County Code Title 9 (Animal Services Division). Chief Loven recommended the City Council review amendments reflecting recent changes in the San Luis Obispo County Code and state law; and provide input on any additional animal regulation concerns. The City Council reviewed the amendments reflecting recent changes in the San Luis Obispo County Code and state law, and directed staff to prepare amendments relating to the leash law and defecation matters discussed by Council for the City Attorney's review, and bring back to Council for approval in ordinance format. No further action was taken on this item. D-5 CONSIDERATION OF REQUEST FROM AIR POLLUTION CONTROL DISTRICT FOR CONTRIBUTION TOWARD CENTRAL COAST OZONE STUDY; (ADMINISTRATION) City Manager David Cole referred to the request of the San Luis Obispo County Air Pollution Control District requesting a contribution of $2,500 to assist in conducting the Central Coast Ozone Study (CCOS). He stated this request suggests that pollution levels detected recently in our County may be elevated due to transport of pollutants from Monterey County and the San Joaquin Valley. Mr. Cole said the CCOS would provide • the monitoring necessary to verify that assumption. He noted if the study can verify that 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 11, 1999 pollution levels in San Luis Obispo County are not completely due to local sources, much of the cost of mitigation measures then may be assessed to those upwind areas, rather than our County. Mr. Cole recommended the City Council consider the contribution of up to $2,500 to the Central Coast Ozone Study from the personnel services area of the Public Services Department section of the General Fund. MOTION: Councilmember Elliott moved the City Council approve the contribution of $2,500 to the Central Coast Ozone Study from the personnel services area of the Public Services Department section of the General Fund. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) The meeting adjourned at 8:54 p.m. • Recorded by: I. Bridgett Bauer City Clerk 7 • NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Closed Session Meeting on Monday, October 4, 1999 at 5:00 p.m. to be held in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be discussing the following items: CS-1 GOVERNMENT CODE SECTION 54956.9(A); CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION • DONVILLE V, CITY OF MORRO BAY; SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV 980098 CS-2 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY TRANSACTIONS. Instructing City's real property negotiator regarding the price and terms of payment for a license and/or easement agreement. Property: Water outfall line. Negotiating Parties: Duke Energy and City of Morro Bay. Negotiations: Renegotiation and/or extension of terms and conditions of agreement. • CS-3 GOVERNMENT CODE SECTION 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 instructions to the Designated Representative. CS-4 GOVERNMENT CODE SECTION GOVERNMENT CODE SECTION 54957 6• CONFERENCE WITH LABOR NEGOTIATOR Conference with the City Attorney, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instructions to the Designated Representative regarding the Public Services Director. IT IS NOTED THAT THE CONTENT OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. DATED: October 1, 1999 • Bridgett B er, City Clerk n u 0 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council and the Recreation & Parks Commission will be gathering to tour the City Parks on Thursday, September. 30,1999 at 5:00 p.m. The park tour will commence at the Community Center, 1001 Kennedy Way, Morro Bay, California. DATED: September 23, 1999 Bridgett Ba r, City Clerk V � 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 27, 1999 CLOSED SESSION - SEPTEMBER 27,1999 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA • • DONVILLE V. CITY OF MORRO BAY; SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV 980098 CS-2 GOVERNMENT CODE SECTION 54956.8: REAL PROPERTY TRANSACTIONS. Instructing City's real property negotiator regarding the price and terns of payment for a license and/or easement agreement. Proper : Water outfall line. Negotiating Parties: Duke Energy and City of Morro Bay. Negotiations: Renegotiation and/or extension of terms and conditions of agreement. CS-3 GOVERNMENT CODE SECTION 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 instructions to the Designated Representative. IT IS NOTED THAT THE CONTENT OF CLOSED SESSION MEETINGS is ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION - SEPTEMBER 27, 1999 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. Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS OF AUGUST 23, 1999 AND SEPTEMBER 13, 1999; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. 2 • A-2 CASH & INVESTMENT REPORT - AUGUST 1999; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - AUGUST 1999; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 APPROVAL OF AUDIT CONTRACT WITH CARLOS REYNOSO, CPA FOR TRANSPORTATION DEVELOPMENT ACT AUDIT; (FINANCE) RECOMMENDATION: Approve the contract extension for audit services related to the City's TDA funds. A-5 RESOLUTION NO. 75-99 AMENDING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND MAKING SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1999/2000 FOR Y2K PURPOSES, AND UPDATE ON Y2K ISSUES RELATED TO THE CITY; (FINANCE) RECOMMENDATION: Adopt Resolution No. 75-99. • A-6 RESOLUTION NO. 76-99 ACCEPTING OFFER OF DEDICATION FOR PUBLIC IMPROVEMENTS AT 301 NASSAU STREET; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 76-99. A-7 1998 ANNUAL REPORT TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD; (ADMINISTRATION) RECOMMENDATION: Receive report for information. A-8 RESOLUTION NO. 74-99 APPROVING A SUBLEASE FOR A PORTION OF LEASE SITE 128/128W; (HARBOR) RECOMMENDATION: Adopt Resolution No. 74-99. A-9 BID AWARD FOR CARGO VAN AND THREE TRUCKS FOR RECREATION & PARKS DEPARTMENT AND PUBLIC SERVICES DEPARTMENT; (RECREATION & PARKS/PUBLIC SERVICES) RECOMMENDATION: Award the bid for purchase of four new City vehicles to • Motor City Auto Center of Bakersfield in the amount $87,144.31. 3 • A-10 PROCLAMATION DECLARING SEPTEMBER 19-25, 1999 AS "ADULT DAY SERVICES WEEK"; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 APPEAL OF PLANNING COMMISSION CONDITIONAL APPROVAL OF A ONE-YEAR TIME EXTENSION FOR TRI-W SHOPPING CENTER (PM 04- 92/CDP 43-92NESTING TENTATIVE MAP), AND ACCEPTANCE OF THE APPLICANT'S WITHDRAWAL OF A TIME EXTENSION REQUEST FOR CUP 03-88/PRECISE PLAN; (PUBLIC SERVICES) RECOMMENDATION: Deny the appeal of the Planning Commission's decision to approve a one year time extension for Case No. PM 04-92/CDP 43-92R. C. UNFINISHED BUSINESS - NONE. D-I CITY ATTORNEY REPORT ON BROWN ACT DISCLOSURE OF CLOSED is SESSION ITEMS RECOMMENDATION: Receive report for information. • I�Abffsllj MOW►1I11 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. 13 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - SEPTEMBER 27, 1999 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: David Cole Robert Schultz James McFaul Robert Hendrix Shauna Nauman Greg Fuz City Manager City Attorney Independent Counsel Public Services Director Planning Manager Associate Planner I • MOTION: Councilmember Peirce 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. • \ CI IffarlwMeRyffM • DONVILLE V. CITY OF MORRO BAY; SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV 980098 CS-2 GOVERNMENT CODE SECTION 54956 8; REAL PROPERTY TRANSACTIONS. Instructing City's real property negotiator regarding the price and terns of payment for a license and/or easement agreement. Property: Water outfall line. Negotiating Parties: Duke Energy and City of Morro Bay. Negotiations: Renegotiation and/or extension of terms and conditions of agreement. 1] I• CS-3 GOVERNMENT CODE SECTION 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 instructions to the Designated Representative. The meeting adjourned to Closed Session at 5:00 p.m. and returned to Regular Session at 5:55 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) The meeting adjourned to Regular Session at 5:55 p.m., and reconvened to Closed Session at 9:46 p.m. MOTION: Councilmember Peirce moved the City Council adjourn to Closed Session. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) MOTION: Councilmember Peters moved the meeting be adjourned. The motion was • seconded by Councilmember Elliott and carried unanimously. (5-0) The meeting adjourned at 11:15 p.m. 2 [l L • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 27, 1999 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: David Cole Robert Schultz Bridgett Bauer Rick Algert Janeen Burlingame Robert Hendrix Jeff Jones Jim Koser Joe Loven Andrea Lueker Shauna Nauman City Manager City Attorney City Clerk Harbor Director Administrative Assistant Public Services Director Fire Chief Finance Director Police Chief Recreation & Parks Director Planning Manager ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action was taken on Item CS-1, and Items CS-2 and CS-3 have been continued to after the open session meeting. Assemblyman Abel Maldonado and Tom Jones representing Senator Jack O'Connell's office presented the City with a Resolution acknowledging the City's 35th anniversary. John Barta referred to CEQA requirements which are required to be met in plans for development on private property. Louise Barkus stated a challenge grant has been made by Robert Lane in honor of his wife to assist the Mature Adult Day Care Facility. 9 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 27, 1999 Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS OF AUGUST 23, 1999 AND SEPTEMBER 13, 1999; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT - AUGUST 1999; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - AUGUST 1999; (FINANCE) • RECOMMENDATION: Approve as submitted. A-4 APPROVAL OF AUDIT CONTRACT WITH CARLOS REYNOSO, CPA FOR TRANSPORTATION DEVELOPMENT ACT AUDIT; (FINANCE) RECOMMENDATION: Approve the contract extension for audit services related to the City's TDA funds. A-5 RESOLUTION NO. 75-99 AMENDING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND MAKING SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1999/2000 FOR Y2K PURPOSES, AND UPDATE ON Y2K ISSUES RELATED TO THE CITY; (FINANCE) RECOMMENDATION: Adopt Resolution No. 75-99. A-6 RESOLUTION NO. 76-99 ACCEPTING OFFER OF DEDICATION FOR PUBLIC IMPROVEMENTS AT 301 NASSAU STREET; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 76-99. A-7 1998 ANNUAL REPORT TO THE CALIFORNIA INTEGRATED WASTE • MANAGEMENT BOARD; (ADMINISTRATION) RECOMMENDATION: Receive report for information. rd • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 27, 1999 A-8 RESOLUTION NO. 74-99 APPROVING A SUBLEASE FOR A PORTION OF LEASE SITE 128/128W; (HARBOR) RECOMMENDATION: Adopt Resolution No. 74-99. A-9 BID AWARD FOR CARGO VAN AND THREE TRUCKS FOR RECREATION & PARKS DEPARTMENT AND PUBLIC SERVICES DEPARTMENT; (RECREATION & PARKS/PUBLIC SERVICES) RECOMMENDATION: Award the bid for purchase of four new City vehicles to Motor City Auto Center of Bakersfield in the amount $87,144.31. A-10 PROCLAMATION DECLARING SEPTEMBER 19-25, 1999 AS "ADULT DAY SERVICES WEEK"; (ADMINISTRATION) • RECOMMENDATION: Adopt Proclamation. Councilmember Peirce pulled Item A-5 from the Consent Calendar; Councilmember Elliott pulled Item A-7; and Mayor Anderson pulled Items A-9 and A-10. MOTION: Councilmember Peters moved the City Council approve the Consent Calendar with the exception of Items A-5, A-7, A-9 and A-10. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) A-5 RESOLUTION NO. 75-99 AMENDING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND MAKING SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1999/2000 FOR Y2K PURPOSES, AND UPDATE ON Y2K ISSUES RELATED TO THE CITY; (FINANCE) Councilmember Peirce requested an update on the City's progress in planning for Y2K. Finance Director James Koser reported on how the City is preparing for Y2K. Harbor Director Rick Algert, Public Services Director Robert Hendrix and Fire Chief Jeff Jones also addressed issues which may occur at this time and how their departments are preparing for emergencies. • 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) 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 27, 1999 A-7 1998 ANNUAL REPORT TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD; (ADMINISTRATION) Councilmember Elliott stated the figures prepared by the State in this report are misleading. Councilmember Crotzer addressed innovative ways to increase the City's waste collection, and stated the community needs to be further educated on waste recycling. 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 BID AWARD FOR CARGO VAN AND THREE TRUCKS FOR RECREATION & PARKS DEPARTMENT AND PUBLIC SERVICES DEPARTMENT; • (RECREATION & PARKS/PUBLIC SERVICES) Recreation & Parks Director Andrea Lueker addressed an amendment to the staff report. MOTION: Councilmember Peters moved the City Council approve Item A-9 of the Consent Calendar as amended. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-10 PROCLAMATION DECLARING SEPTEMBER 19-25, 1999 AS "ADULT DAY SERVICES WEEK"; (ADMINISTRATION) Mayor Anderson presented Louise Barkus of MAYDAY with the Proclamation declaring September 19-25, 1999 as "Adult Day Services Week". MOTION: Councilmember Peters moved the City Council approve Item A-10 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) Mayor Anderson called for a break at 7:45 p.m.; the meeting resumed at 7:58 p.m. • ri • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 27, 1999 I: 111.3�1(��:/�: lip[► sI. • � • . • • :.::_ � B-1 APPEAL OF PLANNING COMMISSION CONDITIONAL APPROVAL OF A ONE-YEAR TIME EXTENSION FOR TRI-W SHOPPING CENTER (PM 04- 92/CDP 43-92NESTING TENTATIVE MAP), AND ACCEPTANCE OF THE APPLICANT'S WITHDRAWAL OF A TIME EXTENSION REQUEST FOR CUP 03-88/PRECISE PLAN; (PUBLIC SERVICES) Planning Manager Shauna Nauman reviewed the appeal filed by Jack McCurdy of a decision made by the Planning Commission to approve a one year time extension for PM 04-92/CDP 43-92, and acceptance of Tri-W's withdrawal of a time extension request for CUP 03-88. She stated the appellant alleges there is substantial confusion over the effect of the Planning Commission's action and that the Commission's action was based on insufficient facts and information. Ms. Nauman recommended the City Council deny the appeal of the Planning Commission's decision to approve a one year time extension for • Case No. PM 04-92/CDP 43-92R thereby affirming the Planning Commission's action subject to the adopted findings and conditions contained in the Planning Commission staff report. Jack McCurdy, appellant, stated the basis of his appeal is three -fold: 1) he objects to the Planning Commission bestowing rights on a private developer which would deprive voters of their rights to enact an initiative that could change the zoning on the property; 2) the approval or extension of the parcel map must be done in concert with the existing precise development plan; and 3) there is still confusion surrounding this case and the impacts the proposed action will have. Marshall Ochylski, representative for Tri-W, responded to the appellants points of appeal, and addressed the intent of the property owners for the Tri-W property. Mayor Anderson opened the hearing for public comment. Susan Mullen reviewed past history of this project and the citizen approved Measure H guidelines. She stated the map should not be approved without a proposed project. John Barta, Chairman of the Planning Commission, stated he was available to answer questions. • Mayor Anderson closed the public comment hearing. 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 27, 1999 City Attorney Robert Schultz responded to the appellant's statements. Councilmember Crotzer stated a time extension would allow a project to go forward indefinitely which does not make sense, and it would be more appropriate to submit plans for a project along with the approval of the parcel map. He said he does not support municipal government assisting land owners with zoning considerations that increase the monetary value of their land. Councilmember Crotzer stated the open space area should be maintained so that you can view the skyline and hills and not roof tops. Councilmember Elliott stated the Coastal Act protects the environment on property such as this. He expressed concern with the option of the property owner to split this property if the map is approved. Mayor Anderson, Councilmember Peirce and Councilmember Peters agreed to support the Planning Commission's approval of a one-year time extension for the vesting tentative map for this property. • Councilmember Elliott stated he will support upholding the Planning Commission's decision to approve the one-year time extension of the parcel map on the basis that it will allow the project to proceed. MOTION: Councilmember Peters moved the City Council deny the appeal of the Planning Commission's decision to approve a one year time extension for Case No. PM 04-92/CDP 43-92R thereby affirming the Planning Commission's action subject to the adopted findings and conditions contained in the Planning Commission staff report dated August 16, 1999, and based on all oral and written testimony received. The motion was seconded by Councilmember Peirce and carried with Councilmember Crotzer voting no.(4-1) � � 1 D-I CITY ATTORNEY REPORT ON BROWN ACT DISCLOSURE OF CLOSED SESSION ITEMS • This item was continued to a future City Council meeting. E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 27, 1999 F. ADJOURNMENT MOTION: Councilmember Crotzer moved the City Council adjourn to Closed Session. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) The meeting adjourned to Closed Session at 9:33 p.m. Recorded by: Bridgett Bauer City Clerk • 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 - SEPTEMBER 13,1999 CLOSED SESSION - SEPTEMBER 13,1999 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA • CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY TRANS- ACTIONS. Instructing the City's Real Property Negotiator regarding the price and terns of payment for the purchase, sale, exchange, or lease of real property as to one (1) parcel: PROPERTY: Lease Site 89/89W NEGOTIATING PARTIES: Kurt Steinmann and City of Morro Bay NEGOTIATIONS: Renegotiation and waiver of terms and conditions of current agreement. ei•Y/• '7►fu'JCY1�•Zi7 _ _ • • _ _ IN RE HARBOR HUT INC.. United States Bankruptcy Court Case No. ND94- 12751 RR. CS-3 GOVERNMENT CODE SECTION 54956.9(C); CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Discuss with legal counsel, based on existing facts, whether to initiate litigation as to one (1) matter. 0 • CS-4 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 instructions to the Designated Representative. IT IS NOTED THAT THE CONTENT OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION - SEPTEMBER 13,1999 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. • A _ :_:_ •► I i: ►ly u_ 2 • A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 RESOLUTION NO. 72-99 SCHEDULING A PUBLIC HEARING REGARDING FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON BEACH STREET BETWEEN MAIN STREET AND WEST STREET; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 72-99. A-2 REPORT REGARDING THE CITY'S POLICIES ON ARCHAEOLOGICAL ISSUES; (PUBLIC SERVICES) RECOMMENDATION: Receive report for information. A-3 PROCLAMATION DECLARING POLLUTION PREVENTION WEEK; (ADMINISTRATION) • RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARING$., REPORTS & APPEARANCES • B-1 APPEAL OF PLANNING COMMISSION CONDITIONAL APPROVAL OF A ONE-YEAR TIME EXTENSION FOR TRI-W SHOPPING CENTER (PM 04- 92/CDP 43-92NESTING TENTATIVE MAP), AND ACCEPTANCE OF THE APPLICANT'S WITHDRAWAL OF A TIME EXTENSION REQUEST FOR CUP 03-88/PRECISE PLAN; (PUBLIC SERVICES) RECOMMENDATION: This item has been continued to the September 27, 1999 City Council meeting. B-2 HEARING TO SOLICIT COMMENTS ON THE FINAL GRANTEE PERFORMANCE REPORT PREPARED FOR THE 1996 MULTI -FAMILY APARTMENT DEVELOPMENT LOCATED AT 375 SEQUOIA STREET FUNDED THROUGH THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; (PUBLIC SERVICES) RECOMMENDATION: Receive public comments; no action is required to be taken by Council. 3 • B-3 CONSIDERATION OF CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) FUNDING; (POLICE) RECOMMENDATION: Conduct a public hearing to approve and insure the Police Department is expending State COPS Program funds on "front line" police services. B-4 RESOLUTION NO. 73-99 APPROVING THE ANNEXATION AND ASSESSMENT TO STORM DRAIN MAINTENANCE DISTRICT NO. 1; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 73-99. C. UNFINISHED BUSINESS C-1 ORDINANCE NO.479 ADOPTING UNIFORM CODES -SECOND READING /ADOPTION; (PUBLIC SERVICES/FIRE) RECOMMENDATION: Approve second reading and adoption of Ordinance No. 479. • D. NEW BUSINESS D-1 RESOLUTION NO. 71-99 ANNOUNCING FINDINGS AND GRANTING AN AWARD OF WATER EQUIVALENCY UNITS IN SUPPORT OF THE ESTABLISHMENT OF AN ALZHEIMER'S BOARD AND CARE HOME BY MATURE ADULT DAY ASSISTANCE INC., AND CONSIDERATION OF REQUEST FOR WAIVER OF WATER AND SEWER IMPACT FEES; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 71-99 awarding water equivalency units; and deny request for waiver of water and sewer impact fees. D-2 PRESENTATION BY THE MORRO BAY PUBLIC ART FOUNDATION REGARDING MURALS RECOMMENDATION: Receive presentation for information. D-3 DESIGNATION OF VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE SCHEDULED FOR OCTOBER 10-12, 1999 • RECOMMENDATION: Appoint Councilmember as voting delegate at the LOCC Annual Conference. 1, Fa INS ffro:. luvro, LTA 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 - SEPTEMBER 13, 1999 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: David Cole City Manager Robert Schultz City Attorney Rick Algert Harbor Director MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) • Mayor Anderson read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY TRANS- ACTIONS. Instructing the City's Real Property Negotiator regarding the price and terns of payment for the purchase, sale, exchange, or lease of real property as to one (1) parcel: PROPERTY: Lease Site 89/89W NEGOTIATING PARTIES: Kurt Steinmann and City of Morro Bay NEGOTIATIONS: Renegotiation and waiver of terms and conditions of current agreement. IN RE HARBOR HUT, INC.. United States Bankruptcy Court Case No. ND94- 12751 RR. CS-3 GOVERNMENT CODE SECTION 54956.9(C)• CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Discuss with • legal counsel, based on existing facts, whether to initiate litigation as to one (1) matter. E CS4 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 instructions to the Designated Representative. 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 carried. (5-0) The meeting adjourned at 5:58 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 13, 1999 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: David Cole Robert Schultz Bridgett Bauer Clyde Ganes Robert Hendrix Jeff Jones Jim Koser Joe Loven Andrea Lueker Shauna Nauman ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE • THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS City Manager City Attorney City Clerk Building Official Public Services Director Fire Chief Finance Director Police Chief Recreation & Parks Director Planning Manager 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 13, 1999 CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session and no reportable action was taken. Ernie Miller reported on Habitat for Humanity in Morro Bay, and noted a fundraiser will be held on September 25th and 26th to benefit Habitat for Humanity. Phyllis Borgardt stated the Mature Adult Day Care Center will be holding an open house on September 20th, and on October 7th they will be holding a depression screening program. P.C. Peredes, San Luis Obispo County Art Council, expressed support for the public art which will be presented to Council tonight under Item D-2 (Presentation by the Morro Bay Public Art Foundation regarding Murals). • Al Jorge addressed Item A-1 (Resolution No. 72-99 Scheduling a Public Hearing Regarding Formation of an Underground Utility District on Beach Street Between Main Street and West Street) stating the Main Street/Harbor Street area should be recognized for underground utilities. Grace Melton acknowledged the public display in the Veterans Memorial Building in recognition of U.S. Constitution Month. Louise Barcus and Barry Dorfmann addressed Item D-I (Resolution No. 71-99 Announcing Findings and Granting an Award of Water Equivalency Units in Support of the Establishment of an Alzheimer's Board and Care Home by Mature Adult Day Assistance Inc., and Consideration of Request for Waiver of Water and Sewer Impact Fees) and made clarification that the request for water equivalency units and fee waivers is being requested by the "for -profit" MAYDAY of Santa Barbara organization. John Barta stated for public information that the orange waste bag is not to be used for yard waste. He expressed support for Item A-3 (Proclamation Declaring Pollution Prevention Week) and noted the importance of avoiding pollution. Mr. Barta also addressed Item D-1 stating this City has plenty of water for uses such as MAYDAY. • Councilmember Crotzer requested staff agendize an informational item discussing fiber optics in Morro Bay. 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 13, 1999 A N ' Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A -I RESOLUTION NO. 72-99 SCHEDULING A PUBLIC HEARING REGARDING FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON BEACH STREET BETWEEN MAIN STREET AND WEST STREET; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 72-99. A-2 REPORT REGARDING THE CITY'S POLICIES ON ARCHAEOLOGICAL ISSUES; (PUBLIC SERVICES) • RECOMMENDATION: Receive report for information. A-3 PROCLAMATION DECLARING POLLUTION PREVENTION WEEK; (ADMINISTRATION) • RECOMMENDATION: Adopt Proclamation. Councilmember Peters pulled Item A-1 from the Consent Calendar; Mayor Anderson pulled Item A-2. MOTION: Councilmember Peirce moved to approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-1 RESOLUTION NO. 72-99 SCHEDULING A PUBLIC HEARING REGARDING FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON BEACH STREET BETWEEN MAIN STREET AND WEST STREET Councilmember Peters requested clarification on the source of communication of undergrounding of utilities in the City, and the concern about portions of the mobilehome park on Beach Street within the public right-of-way. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 13, 1999 Public Services Director Robert Hendrix replied that, after Council's review of undergrounding of utilities in February to include Harbor Street in proposed District No. 6, staff communicated with the Public Utilities Commission and Pacific Gas and Electric, and Pacific Gas & Electric stated they would not chagge their position on mid -block undergrounding. He said either the property owner or the City would be required to absorb the cost for mid -block undergrounding of utilities. Consensus of the Council was to take no action on Resolution No. 72-99; and instead, to direct staff to correspond with PUC and PG&E regarding Council's concerns and comments regarding the undergrounding of utilities in the City, and return Underground Utility District No. 6 for Council consideration. A-2 REPORT REGARDING THE CITY'S POLICIES ON ARCHAEOLOGICAL ISSUES • Mayor Anderson requested staff clarification on the City's policy regarding archaeological issues. • Public Services Director Robert Hendrix responded the California Coastal Act of 1976 and the California Environmental Quality Act (CEQA) of 1970 contain policies that require reasonable mitigation of potential significant impacts upon important examples of historic and prehistoric remains found on public and private lands. He said, as part of the environmental review process required under CEQA, records of known archeological resources are reviewed to determine if there is a recorded resource within the project site or whether there is a high potential for its presence on the site. MOTION: Councilmember Elliott moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 13, 1999 I:?�a�1_:l_�[�J�1:1 1►CeI. :7 Z��;�l1I.: � " • L "I B-1 APPEAL OF PLANNING COMMISSION CONDITIONAL APPROVAL OF A ONE-YEAR TIME EXTENSION FOR TRI-W SHOPPING CENTER (PM 04- 92/CDP 43-92NESTING TENTATIVE MAP), AND ACCEPTANCE OF THE APPLICANT'S WITHDRAWAL OF A TIME EXTENSION REQUEST FOR CUP 03-88/PRECISE PLAN; (PUBLIC SERVICES) MOTION: Councilmember Elliott moved the City Council continue this item to the September 27, 1999 City Council meeting. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) B-2 HEARING TO SOLICIT COMMENTS ON THE FINAL GRANTEE PERFORMANCE REPORT PREPARED FOR THE 1996 MULTI -FAMILY APARTMENT DEVELOPMENT LOCATED AT 375 SEQUOIA STREET isFUNDED THROUGH THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; (PUBLIC SERVICES) Planning Director Shauna Nauman stated according to the regulations that.govern the Community Development Block Grant (CDBG) Program, each year our City must submit to the State of California Housing and Community Development Department an Annual Grantee Performance Report for the grant year ending June 30th. She said the performance report is used to assess the degree to which the grantee has completed the various activities, whether the activities are completed in a timely fashion, are within budget, and are in accordance with the overall CDBG Program goals and objectives as identified in the Grant Agreement. Ms. Nauman recommended the City Council conduct a public hearing, receive comments and/or questions; however, no action is required to be taken by Council. Mayor Anderson opened the hearing for public comment. Cynthia Jacinth, People Self Help Housing Project Manager, stated she was available for questions. No further comments were made by the public. • Mayor Anderson closed the public comment hearing. No further action was taken on this item. 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 13, 1999 B-3 CONSIDERATION OF CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) FUNDING; (POLICE) Police Chief Joe Loven stated the 1996/97 State Legislature originally established the Citizen's Option for Public Safety Funding under Assembly Bill 3229 which set aside $100 million from the State General Fund for distribution to local governments as a supplement for the funding of public safety. He said the legislation requires that the local governing board hold a public hearing to review a request from the Police Department for the spending of the funds and ensure that they are used for "front line" police services. Chief Leven recommended the City Council conduct a public hearing to approve and ensure the Police Department is expending State COPS Program funds on "front line" police services. Mayor Anderson opened the hearing for public comment; there were no comments, and the public comment hearing was closed. • This item was received for information, and no action was taken. B-4 RESOLUTION NO. 73-99 APPROVING THE ANNEXATION AND ASSESSMENT TO STORM DRAIN MAINTENANCE DISTRICT NO. 1; (PUBLIC SERVICES) Public Services Director Bob Hendrix reviewed the requested annexation to Storm Drain Maintenance District No. 1, which will establish a revised yearly tax levy of $157.36 per parcel for the functioning and administration of said district. He recommended the City Council adopt Resolution No. 73-99 to annex Parcels 1, 2, 3 and 4 of Parcel Map MB-97- 159 and Lot 4 of Tract 1529 to Storm Drain Maintenance District No 1. Mayor Anderson opened the hearing for public comment; there were no comments, and the public comment hearing was closed. MOTION: Councilmember Peirce moved the City, Council adopt Resolution No. 73- 99 annexing Parcels 1, 2, 3 and 4 of Parcel Map MB-97-159 and Lot 4 of Tract 1529 to Storm Drain Maintenance District No 1, and establishing a yearly tax assessment for Storm Drain Maintenance District No. I of $157.36 per lot for Parcels 1, 2, 3 and 4 of Parcel Map MB-97-159, Lot 4 • of Tract 1529 and revised from $217.88 to $157.36 for Lots 1 through 13 of Tract 1231. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 13, 1999 Mayor Anderson called for a break at 7:35 p.m.; the meeting resumed at 7:50 p.m. C-1 ORDINANCE NO. 479 ADOPTING UNIFORM CODES -SECOND READING /ADOPTION; (PUBLIC SERVICES/FIRE) Fire Chief Jeff Jones stated the adoption of Ordinance No. 479 incorporates the current versions of the Uniform Building Code into the City's municipal code to ensure that construction within the jurisdiction complies with the most modern techniques and standards. He recommended the City Council approve the second reading and adoption of Ordinance No. 479. MOTION: Councilmember Elliott moved the City Council approve the second reading and adoption of Ordinance No. 457 incorporating the current • versions of the Uniform Building Code into the City's municipal code. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) City Manager Dave Cole read Ordinance No. 479 by number and title only. D-1 RESOLUTION NO. 71-99 ANNOUNCING FINDINGS AND GRANTING AN AWARD OF WATER EQUIVALENCY UNITS IN SUPPORT OF THE ESTABLISHMENT OF AN ALZHEIMER'S BOARD AND CARE HOME BY MATURE ADULT DAY ASSISTANCE INC., AND CONSIDERATION OF REQUEST FOR WAIVER OF WATER AND SEWER IMPACT FEES; (PUBLIC SERVICES) Planning Manager Shauna Nauman reviewed the request by the Mature Adult Day Assistance Program (MAYDAY) for allocation of water equivalency units needed for the establishment of an Alzheimer's Board and Care home located at 480 Main Street. She stated MAYDAY also requested Council consider waiving the water and sewer impact fees for this use which amounts to $9,122.58. Ms. Nauman recommended: 1) the City Council adopt Resolution No. 71-99 announcing findings and granting an award of 3.48 • water equivalency units to MAYDAY from the City's retrofit bank; and 2) deny the request for water of water and sewer impact fees. 13 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 13, 1999 Councilmember Crotzer stated there should be a categorized list of what uses should be allowed for banked water equivalencies. He said other applicants have had to retrofit in order to be allowed to build in the City, and he does not feel this project, although a beneficial project, should be treated any different. Councilmember Peirce expressed the unfairness of the water equivalency program for any applicant. Councilmember Elliott stated precedence should not be set in giving water equivalency units to a "for profit" agency. Mayor Anderson agreed that the City should not set a precedence of giving water equivalency units to a "for profit' agency. Councilmember Peters stated for public information the amount in fees requested by MAYDAY Santa Barbara is $9,122.58. • MOTION: Councilmember Crotzer moved the City Council deny the request by MAYDAY Santa Barbara for water equivalency units. The motion was seconded by Councilmember Elliott and carried with Councilmember Peirce voting no. (4-1) MOTION: Councilmember Elliott moved the City Council deny the request by MAYDAY Santa Barbara for fee waivers of water and sewer fees. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) D-2 PRESENTATION BY THE MORRO BAY PUBLIC ART FOUNDATION REGARDING MURALS The City Council received a presentation by Roger Ewing and Neil Farrell representing the Morro Bay Public Art Foundation regarding murals. This item was received for information, and no action was taken. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 13, 1999 D-3 DESIGNATION OF VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE SCHEDULED FOR OCTOBER 10-12, 1999 MOTION: Councilmember Peirce moved the City Council appoint Councilmember Elliott as voting delegate at the League of California Cities' Annual Conference, and appoint City Attorney Robert Schultz as the alternate voting delegate. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) The meeting adjourned at 8:36 p.m. Recorded by: Bridgett Bauer City Clerk • M • MINUTES - MORRO BAY CITY COUNCIL AND RECREATION & PARKS COMMISSION SPECIAL JOINT MEETING - SEPTEMBER 9, 1999 MORRO BAY COMMUNITY CENTER MULTI PURPOSE ROOM - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m. PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember r M019j l Karen Robert Linda Merrill Johnnie Munoz David Smith Greg Wilson Leabah Winter Linda Donnelly STAFF: David Cole Robert Schultz Andrea Lueker D. NEW BUSINESS Chairman Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner City Manager City Attorney Recreation & Parks Director D-I CURRENT STATUS ON THE MORRO BAY HIGH SCHOOL POOL, THE SUMMER SWIM PROGRAM AND FUTURE PLANNING FOR A COMMUNITY POOL MOTION: Councilmember Crotzer moved the City Council direct staff to examine alternatives and to seek funding within staffs available time. The motion was seconded by Mayor Anderson and carried unanimously. (5-0) ADJOURNMENT - The meeting adjourned at 8:00 p.m. 0 171 0 0 NOTICE OF SPECIAL CLOSED SESSION MEETING NOTICE IS HEREBY GIVEN that the Mono Bay City Council will be holding Closed Session at a Special Meeting on Monday, August 30, 1999 at 5:00 p.m. to be held at the Mono Bay City Hall Conference Room, 595 Harbor Street, Mono Bay, California in order to review the following closed session items: 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 instructions to the Designated Representative. CS-2. Government Code Section 54956.9(A); Conference with Legal Counsel Regarding Pending Litigation: • Donville v. City of Morro Bay; San Luis Obipso Superior Court Case No. CV980098. It is noted that the contents of closed session meetings are confidential and exempt from disclosure. DATED: August 25, 1999 Ja6ic Boucher, Deputy City Clerk n U NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Joint Meeting with the Community Promotions Committee on Wednesday, August 25, 1999 at 8:00 a.m. to be held at the Community Center Multi Purpose Room, 1001 Kennedy Way, Morro Bay, California. The City Council and Community Promotions Committee will be discussing the role of the Committee. • DATED: August 9, 1999 Bridgett B 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 - AUGUST 23, 1999 CLOSED SESSION - AUGUST 23,1999 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54957.6: CONFFRF,NCR WIT14 • 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 instructions to the Designated Representative. DONVILLE V. CITY OF MORRO BAY, • SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV 980098 IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. 0 46 PUBLIC SESSION - AUGUST 23,1999 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. • A • •► • ►•: u. 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 26, 1999, AND SPECIAL MEETING OF JULY 22, 1999; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS - JULY 1999; (FINANCE) RECOMMENDATION: Receive for information. is 2 • A-3 EXPENDITURE REPORT - JULY 1999; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 66-99 APPROVING COOPERATIVE AGREEMENTS WITH SAN LUIS OBISPO COUNCIL OF GOVERNMENTS; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 66-99. A-5 RESOLUTION NO. 67-99 EXTENDING DEPARTMENT OF BOATING AND WATERWAYS EQUIPMENT GRANT AGREEMENT FOR NEW HARBOR PATROL VESSEL; (HARBOR) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA. A-6 RESOLUTION NO. 68-99 ADOPTING ABANDONMENT OF THE MIMOSA STREET ASSESSMENT DISTRICT; (PUBLIC SERVICES) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA. • A-7 RESOLUTION NO. 69-99 APPROVING PUBLIC SERVICES DIRECTOR ASSUMING RESPONSIBILITY FOR DUTIES OF CITY ENGINEER, CHIEF BUILDING OFFICIAL, COMMUNITY DEVELOPMENT DIRECTOR, PLANNING DIRECTOR, AND PUBLIC WORKS DIRECTOR. RECOMMENDATION: Adopt Resolution No. 69-99. A-8 RESOLUTION NO. 70-99: INTENT FOR ANNEXATION OF STORM DRAIN MAINTENANCE; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 70-99. A-9 REQUESTING APPROVAL FOR ALLOCATION OF 3.48 WATER EQUIVALENCY UNITS FROM THE BANK OF WATER ALLOCATIONS FOR SPECIAL PUBLIC PURPOSE PROJECTS TO ALLOW A SIX BED ADDITION TO AN EXISTING SIX BED ELDERLY LIVING FACILITY; (PUBLIC SERVICES) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA. KI • A-10 AWARD OF STREET RESTRIPING BID; (PUBLIC SERVICES) RECOMMENDATION: Award bid for Street Restriping Project. A-11 PROCLAMATION DECLARING THE MONTH OF SEPTEMBER 1999 AS "U.S. CONSTITUTION OBSERVANCE MONTH", AND SEPTEMBER 17, 1999 as "U.S. CONSTITUTION DAY" RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 APPEAL BY ALBERTSON'S INC. OF THE PLANNING COMMISSION'S DENIAL OF A REQUEST TO CONSTRUCT A FUEL STATION AND CONVENIENCE STORE ON A VACANT PARCEL WITHIN CYPRESS PLAZA SHOPPING CENTER -CUP 22-98/CDP 78-98R; (PUBLIC SERVICES) RECOMMENDATION: Uphold Planning Commission denial of CUP 22-98/CDP 78-98R. • B-2 CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION ON A CONCEPT PLAN PROPOSED BY E. KURT STEINMANN FOR RECONSTRUCTION OF 845 EMBARCADERO (LEASE SITE 89/89W) - CASE NO. CUP 15-99/CDP 19-99R; (PUBLIC SERVICES) RECOMMENDATION: Review Planning Commission recommendations and approve with conditions. B-3 ORDINANCE NO. 479 ADOPTING UNIFORM CODES - FIRST READING/ INTRODUCTION; (PUBLIC SERVICES/FIRE) RECOMMENDATION: Approve first reading and introduction of Ordinance No. 479. D-1 PRESENTATION OF PROPOSED STATE COASTAL BIKE TRAILS IN MORRO BAY STATE PARK; (COUNCIL) • RECOMMENDATION: Receive presentation for information. m r E. :D•►um► 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. • r] L • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - AUGUST 23, 1999 CITY HALL CONFERENCE ROOM - 4:00 P.M. Mayor Anderson called the meeting to order at 4:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager Robert Schultz City Attorney David Hunt Special Counsel/City Attorney's Office James McFaul Independent Counsel MOTION: Councilmember Peirce 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 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 instructions to the Designated Representative. CS-2 GOVERNMENT CODE SECTION 54956.9(A); CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION • DONVILLE V. CITY OF MORRO BAY; SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV 980098 The meeting adjourned to Closed Session at 4:00 p.m. and returned to regular session at 5:39 p.m. MOTION: Councilmember Elliott moved the meeting be adjourned. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) 0 The meeting adjourned at 5:39 p.m. • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 23, 1999 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: David Cole Robert Schultz Jamie Boucher Rick Algert Robert Hendrix Jeff Jones Jim Koser Joe Loven Andrea Lueker Shauna Nauman City Manager City Attorney Deputy City Clerk Harbor Director Public Services Director Fire Chief Finance Director Police Chief Recreation & Parks Director Planning Manager ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz stated the City Council met in Closed Session and there was no reportable action taken. Hank Roth, President of the Neighborhood Watch Association, stated their annual fundraiser will be held on Saturday, September 4th. Louise Barkus stated Mature Adult Day Care Center received a grant which will be put to good use, and also noted MAYDAY does accept donations and referrals for new clients. Bill Woodson of the Citizens Bike Committee stated the Committee endorses the Class I bikeway along State Park Road. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 23, 1999 Betty Winholtz addressed the Brown Act and its intent, and proposed that Commission candidates be called in one at a time during the interview process and the open session requirement be covered by Channel 54 viewing. Robert Davis, Citizens Bike Committee Member, expressed support for the Class I bikeway and requested the City work with San Luis Obispo Council of Governments in connecting Los Osos, Morro Bay and Cayucos with bike paths. Sharada Smith, owner of Morro Bay Cyclery, requested the City Council consider the addition of a skateboard and/or bmx track in Morro Bay's parks. Meredith Bates, Citizens Bike Committee Member, expressed appreciation for the resolution for a cooperative agreement with San Luis Obispo Council of Governments regarding bikeway paths in Morro Bay. She also stated a skateboard/bmx park would be a positive step for the youth in Morro Bay. • DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peirce requested to agendize the discussion of limiting City Council Members to five minutes of discussion on each item of the agenda. Councilmember Crotzer suggested the joint meetings of the City Council and Boards and Commissions have an open agenda to allow freedom of discussion of certain topics. Councilmember Elliott requested the discussion of closed session items which can be released to the public. Mayor Anderson requested a report from staff on the archeological policies in the City. 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 26, 1999, AND SPECIAL MEETING OF JULY 22, 1999; (ADMINISTRATION) . RECOMMENDATION: Approve as submitted. 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 23, 1999 A-2 STATEMENT OF CASH & INVESTMENTS - JULY 1999; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - JULY 1999; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 66-99 APPROVING COOPERATIVE AGREEMENTS WITH SAN LUIS OBISPO COUNCIL OF GOVERNMENTS; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 66-99. A-5 RESOLUTION NO. 67-99 EXTENDING DEPARTMENT OF BOATING AND • WATERWAYS EQUIPMENT GRANT AGREEMENT FOR NEW HARBOR PATROL VESSEL; (HARBOR) RECOMMENDATION: This item was pulled from the agenda. A-6 RESOLUTION NO. 68-99 ADOPTING ABANDONMENT OF THE MIMOSA STREET ASSESSMENT DISTRICT; (PUBLIC SERVICES) RECOMMENDATION: This item was pulled from the agenda. A-7 RESOLUTION NO. 69-99 APPROVING PUBLIC SERVICES DIRECTOR ASSUMING RESPONSIBILITY FOR DUTIES OF CITY ENGINEER, CHIEF BUILDING OFFICIAL, COMMUNITY DEVELOPMENT DIRECTOR, PLANNING DIRECTOR, AND PUBLIC WORKS DIRECTOR. RECOMMENDATION: Adopt Resolution No. 69-99. A-8 RESOLUTION NO. 70-99: INTENT FOR ANNEXATION TO STORM DRAIN MAINTENANCE DISTRICT NO. 1; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 70-99. r1 U C! • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 23, 1999 A-9 REQUESTING APPROVAL FOR ALLOCATION OF 3.48 WATER EQUIVALENCY UNITS FROM THE BANK OF WATER ALLOCATIONS FOR SPECIAL PUBLIC PURPOSE PROJECTS TO ALLOW A SIX BED ADDITION TO AN EXISTING SIX BED ELDERLY LIVING FACILITY; (PUBLIC SERVICES) RECOMMENDATION: This item was pulled from the agenda. A-10 AWARD OF STREET RESTRIPING BID; (PUBLIC SERVICES) RECOMMENDATION: Award bid for Street Restriping Project. A-11 PROCLAMATION DECLARING THE MONTH OF SEPTEMBER 1999 AS "U.S. CONSTITUTION OBSERVANCE MONTH", AND SEPTEMBER 17, 1999 as "U.S. CONSTITUTION DAY" • RECOMMENDATION: Adopt Proclamation. Mayor Anderson pulled Item A-7 from the Consent Calendar. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Items A-5, A-6, A-7, and A-9. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-7 RESOLUTION NO. 69-99 APPROVING PUBLIC SERVICES DIRECTOR ASSUMING RESPONSIBILITY FOR DUTIES OF CITY ENGINEER, CHIEF BUILDING OFFICIAL, COMMUNITY DEVELOPMENT DIRECTOR, PLANNING DIRECTOR, AND PUBLIC WORKS DIRECTOR Mayor Anderson requested clarification of the intent of this proposed resolution. City Attorney Robert Schultz responded this resolution is to assist and reassign the duties of the Public Services Director in the reorganization of the Public Services Department. 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 voting no. (4-1) 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 23, 1999 Councilmember Crotzer stated his opposition to this motion was based on his opinion that it is too many functions under one supervisor and that the planning section of this department should be under separate supervision. B-1 APPEAL BY ALBERTSON'S INC. OF THE PLANNING COMMISSION'S DENIAL OF A REQUEST TO CONSTRUCT A FUEL STATION AND CONVENIENCE STORE ON A VACANT PARCEL WITHIN CYPRESS PLAZA SHOPPING CENTER -CUP 22-98/CDP 78-98R; (PUBLIC SERVICES) Planning Manager Shauna Nauman reviewed the appeal made by Albertson's Inc. of a decision made by the Planning Commission denying an amendment to CUP 12-92/CDP 27-92/TM 03-92 to allow construction of a fuel station and convenience store. Ms. Nauman noted that the applicant was offered the option to provide additional traffic data • or receive a denial. She said the applicant requested the denial to expedite consideration of the project by the City Council. Ms. Nauman recommended the City Council deny the appeal of Case No. CUP 22-98/CDP 78-98R thereby upholding the Planning Commission's decision to deny the project. Mayor Anderson opened the hearing for public comment. Bill Walters, representative for Albertson's Inc., reviewed the issues raised in the appeal filed by Albertson's, Inc. based on the Planning Commission's denial of their application. John Turtchin and Bill Heath, also representing the applicant, presented additional information and traffic data. The following people spoke in opposition to allow the construction of a fuel station and convenience store at this location: Tish Tefft, Jim Wood, Melody DeMerritt, Shoosh Crotzer, Margie Galleon, Meredith Bates, Nancy Bast, Betty Winholtz, Nancy Castle, and Tom Wurley. John Barta, Chairman of the Planning Commission, stated he was available for questions. Harry Rogers expressed support for the project based on the potential revenue for the City. • Paul Twedt stated he hopes that future fueling stations will allow for electric compatible vehicles. C • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 23, 1999 Mayor Anderson closed the public comment hearing. MOTION: Councilmember Peters moved the City Council go beyond 11:00 p.m. in order to complete this item. The motion was seconded by Mayor Anderson and carried with Councilmember Peirce voting no. (4-1) Councilmember Peirce expressed concerns with potential traffic impacts imposed by such a project. Councilmember Crotzer stated this proposed use was not a part of the originally approved project. He said the traffic studies are almost a decade old and have changed dramatically. Councilmember Elliott stated the City cannot control private industry competition; however, it can control where a business is located based on health, safety, morals, • comfort and general welfare. Councilmember Peters stated she called the City of Tehachapi, who just approved a similar project, and the traffic of the fueling station there has been constant. Mayor Anderson stated generally people do not buy gasoline and groceries at the same time. MOTION: Councilmember Elliott moved the City Council deny the appeal of Case No. CUP 22-98/CDP 78-98R thereby upholding the Planning Commission's decision to deny the project. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) B-2 CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION ON A CONCEPT PLAN PROPOSED BY E. KURT STEINMANN FOR RECONSTRUCTION OF 845 EMBARCADERO (LEASE SITE 89/89W) - CASE NO. CUP 15-99/CDP 19-99R; (PUBLIC SERVICES) Associate Planner Greg Fuz presented the plan proposed by Kurt Steinmann for the reconstruction of 845 Embarcadero focusing on the key issues as outlined in his staff report including visual impacts, coastal access and compatibility with the existing lease. • He noted that dock replacement and/or revetment repairs would require separate permitting and are not included with this permit approval. Mr. Fuz stated the recommendation to City Council is for approval of a Conditional Use Permit (Concept 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 23, 1999 Plan) to replace the previous development, demolished after being destroyed by fire, with two new buildings designed not to exceed seventeen feet in height, for retail and marine/coastal-related use. He said one of the buildings would include an on -site manager's unit. Mr. Fuz noted the approval of the project would ultimately result in greater revenues to the City from increased sales tax collections from the businesses which would occupy the structure. He explained that the next steps for the applicant would be to obtain a coastal permit directly from the State and then to proceed with a precise plan to be approved by the Planning Commission. Mayor Anderson opened the hearing for public comment. Kurt Steinmann, applicant, stated he is unable to renegotiate the terms for this lease due to the lienholders lack of consent and requested Council's consideration of his proposed plans for this site. Marjorie Galleon addressed access to the viewing area in front of this proposed • development. Betty Winholtz addressed the revetment and coastal access at this site. She requested the boat lifting facility remain at this site. Jeff O'Dell stated this site should be converted into a boat yard. Shoosh Crotzer asked how the project can be discussed without first considering the lease agreement. Jim Wood stated this project should be approved as it was presented to the Harbor Advisory Board. He said the Board does not recommend a boat yard for this site. Ralph Gunther requested Council not consider the renegotiation of the present lease. Harry Rogers stated the City should allow the applicant the ability to obtain a return on any investment made on this site. John Barta requested Council not hold up this project in order to renegotiate the lease. Mayor Anderson closed the public comment hearing. • Councilmember Peters stated this project should be in compliance with a lease, and this current proposal is not in compliance. 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 23, 1999 Councilmember Peirce stated the proposed plans cannot be economically viable, and the requirements in the lease are not conducive with the Embarcadero. Councilmember Elliott stated the current lease should be amended rather than renegotiated and should specifically state this is a coastal -dependent project. Councilmember Crotzer stated the lease needs to be renegotiated before the project can be considered. Mayor Anderson stated if changes are going to be proposed for this site, then the lease should be renegotiated. MOTION: Councilmember Crotzer moved the City Council reinstate Condition G-1 of the Planning Commission's Conditions of Approval, which states the applicant shall negotiate a revised lease with the Harbor Director, subject • to approval by the City Council, to ensure that the change of use and these conditions are incorporated into a revised lease prior to issuance of a building permit for the project. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) MOTION: Councilmember Elliott moved the City Council adopt the findings included in Attachment "A" of the August 16, 1999 staff memorandum to the Planning Commission, including findings required by the California Environmental Quality Act (CEQA); and conditionally approve CUP 15- 99 (Concept Plan) subject to the conditions included as Attachment "B" of the August 16, 1999 staff memorandum to the Planning Commission as revised, and the site development plans dated July 26, 1999. The motion was seconded by Mayor Anderson and carried with Councilmember Crotzer voting no. (4-1) B-3 ORDINANCE NO. 479 ADOPTING UNIFORM CODES - FIRST READING/ INTRODUCTION; (PUBLIC SERVICES/FIRE) Fire Chief Jeff Jones and Building Official Clyde Ganes presented Ordinance No. 479 for first reading and introduction which amends Title 14 of the Morro Bay Municipal Code by incorporating revised versions of the Uniform Building Code and related codes. • Mayor Anderson opened the hearing for public comment; there were no public comments and the public hearing was closed. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 23, 1999 MOTION: Councilmember Crotzer moved the City Council approve Ordinance No. 479 adopting Uniform Codes for first reading and introduction. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) City Manager David Code read Ordinance No. 479 by title and number only. D D-1 PRESENTATION OF PROPOSED STATE COASTAL BIKE TRAILS IN MORRO BAY STATE PARK; (COUNCIL) The City Council received a presentation from State Department of Parks Director Joe • Mette, San Luis Obispo Council of Governments Director Ron DeCarli, and State Parks Senior Landscape Architect Jim Quail regarding the proposed State Coastal Bike Trails in Morro Bay State Park. This was an informational item, and no action was taken. WINEV, • u_► The meeting adjourned at 11:23 p.m. Recorded by: amie Boucher Deputy City Clerk • 10 r-I u is 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 26, 1999 CLOSED SESSION - JULY 26, 1999 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 parcel. Property: 590 Morro Bay Boulevard Negotiating Parties: City Manager Cole; C.R. Lara on behalf of Vandri Rayner-Dorland Negotiations: Extension of lease and possible purchase. 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 instructions to the Designated Representative. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION - JULY 26, 1999 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 CO M NT 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. [•Z•I.1\CURL :i • • • u Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS OF JUNE 28, 1999 AND JULY 12, 1999; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS - JUNE 1999; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - JUNE 1999; (FINANCE) • RECOMMENDATION: Approve as submitted. 2 A-4 APPROVAL OF JOB DESCRIPTIONS PURSUANT TO ADOPTED FISCAL YEAR 1999/2000 BUDGET; (ADMINISTRATION) • RECOMMENDATION: Approve the job descriptions adopted in the Fiscal Year 1999/00 Budget. A-5 RESOLUTION NO. 61-99 APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN SEIU LOCAL 620 AND THE CITY OF MORRO BAY - MISCELLANEOUS EMPLOYEES; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 61-99. A-6 RESOLUTION NO. 62-99 APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE MORRO BAY FIREFIGHTERS AND THE CITY OF MORRO BAY; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 62-99. A-7 RESOLUTION NO. 63-99 APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE MORRO BAY PEACE OFFICERS AND THE CITY OF MORRO BAY; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 63-99. • A-8 RESOLUTION NO. 64-99 APPROVING INTERIM LEASE AGREEMENT FOR USE OF A PORTION OF THE CITY DOCK - KINGFISHER TRADING COMPANY; (HARBOR) RECOMMENDATION: Adopt Resolution No. 64-99. A-9 APPROVAL OF A ONE -MONTH EXTENSION TO THE MORRO BAY DIAL - A -RIDE OPERATIONS AGREEMENT; (ADMINISTRATION) RECOMMENDATION: Extend the current Morro Bay Dial -A -Ride Operations Agreement with Laidlaw Transit Services for one month. A-10 APPROVAL OF SIX-MONTH LEASE EXTENSION FOR THE PUBLIC SERVICES BUILDING AT 590 MORRO BAY BOULEVARD; (CITY ATTORNEY) RECOMMENDATION: Approve six-month extension to the lease agreement for the Public Services building at 590 Morro Bay Boulevard. B. PUBLIC HEARINGS, REPORTS & APPEARANCES - NONE. C. UNFINISHED BUSINESS - NONE. 3 D. NEW BUSINESS • D-1 PRESENTATION BY FRENCH HOSPITAL REPRESENTATIVE REGARDING THE STATUS OF MED-STOP IN MORRO BAY RECOMMENDATION: Receive presentation relating to the status of Med-Stop in Morro Bay for information. D-2 PRESENTATION BY THE PRESIDENT OF THE ECONOMIC VITALITY CORPORATION RECOMMENDATION: Receive presentation relating the Economic Vitality Corporation for information. D-3 RESOLUTION NO. 65-99 AUTHORIZING THE FINANCE DIRECTOR TO EXECUTE FINANCING CONTRACT WITH ZIONS BANK FOR EQUIPMENT LEASE/PURCHASES; (FINANCE) RECOMMENDATION: Adopt Resolution No. 65-99. D-4 DISCUSSION OF IMPACTS AND CONSIDERATION OF RESTRICTING SKATEBOARDING IN DOWNTOWN BUSINESS DISTRICT; (POLICE) • RECOMMENDATION: Discuss and consider options on measures appropriate to address complaints and other issues surrounding skateboarders in the downtown business district. • 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. El • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JULY 26, 1999 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: David Cole City Manager Robert Schultz City Attorney Robert Hendrix InterimPublic Services Director Clyde Ganes Building Official Joe Woods Facilities Manager 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 S; 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 parcel. Property: 590 Morro Bay Boulevard Negotiating Parties: City Manager Cole; C.R. Lara on behalf of Vandri Rayner-Dorland Negotiations: Extension of lease and possible purchase. 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 instructions to the Designated Representative. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 40 5:55 p.m. • MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) • • The meeting adjourned at 5:55 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 26, 1999 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: David Cole Robert Schultz Bridgett Bauer Janeen Burlingame Rick Algert Robert Hendrix Jeff Jones Jim Koser Joe Loven Andrea Lueker Shauna Nauman City Manager City Attorney City Clerk Administrative Assistant Harbor Director InterimPublic Services Director Fire Chief Finance Director Pplice Chief Recreation & Parks Director Interim Planning&Building 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 no action was taken by the City Council in Closed Session. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 26, 1999 Henry Piaskowski shared caution signs relating to loitering for Council's consideration. Tom Williams, Duke Energy, invited the City Council, staff and the public to an Open House at the Duke Energy Power Plant on Thursday, July 29th from 1:00 p.m. - 7:00 p.m. Betty Winholtz addressed the following issues: 1) she recommended the Neighborhood Watch volunteers distribute information relating to how to prepare for Y2K; 2) she requested the City Council review Nancy Barta's comments on her resignation from the Community Promotions Committee; 3) Council consideration relating to the Housing Element and concerns made relating to second unit housing; and 4) selection process of Planning Commission appointment, and requested Council be more broad in perspective in upcoming selections. Marian Gautier addressed the necessity for athletic arenas for young people in this area. isBarbara Playan stated another location for skateboarding should be provided if it is banned from public streets. Mary Phillips referred to a letter she received from Senator O'Connell regarding ordinance limitations in the City. Meredith Bates requested Council consider the presentation from the Economic Vitality Corporation and said it could be beneficial in promoting jobs in the City. She also recommended Council consider the option of working with the Recreation & Parks Commission in providing solutions to the skateboarding issue. John Barta addressed the selection of Planning Commissioners and noted not all Commissioners are in the business of construction. He also referred to Item D-3 (Resolution Authorizing City Manager to Execute Financing Contract with Zion Bank) and suggested the City purchase Siena Sytems software for permits. Ali Arnold expressed support for the kids who hang out in front.of her store in the 800 block of Main Street. Melody DeMeritt addressed the recent selection of Planning Commissioner, and shared information from a poll she conducted on how other cities in the County select their • commissioners. Paul Twedt addressed July 20th as "Space Day". 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 26, 1999 Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS OF JUNE 28, 1999 AND JULY 12, 1999; (ADMINISTRATION). RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS - JUNE 1999; (FINANCE) RECOMMENDATION: Receive for information. • A-3 EXPENDITURE REPORT - JUNE 1999; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 APPROVAL OF JOB DESCRIPTIONS PURSUANT TO ADOPTED FISCAL YEAR 1999/2000 BUDGET; (ADMINISTRATION) RECOMMENDATION: Approve the job descriptions adopted in the Fiscal Year 1999/00 Budget. A-5 RESOLUTION NO. 61-99 APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN SEIU LOCAL 620 AND THE CITY OF MORRO BAY - MISCELLANEOUS EMPLOYEES; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 61-99. A-6 RESOLUTION NO. 62-99 APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE MORRO BAY FIREFIGHTERS AND THE CITY OF MORRO BAY; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 62-99. • 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 26, 1999 A-7 RESOLUTION NO. 63-99 APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE MORRO BAY PEACE OFFICERS AND THE CITY OF MORRO BAY; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 63-99. A-8 RESOLUTION NO. 64-99 APPROVING INTERIM LEASE AGREEMENT FOR USE OF A PORTION OF THE CITY DOCK - KINGFISHER TRADING COMPANY; (HARBOR) RECOMMENDATION: Adopt Resolution No. 64-99. A-9 APPROVAL OF A ONE -MONTH EXTENSION TO THE MORRO BAY DIAL - A -RIDE OPERATIONS AGREEMENT; (ADMINISTRATION) RECOMMENDATION: Extend the current Morro Bay Dial -A -Ride Operations is Agreement with Laidlaw Transit Services for one month. A-10 APPROVAL OF SIX-MONTH LEASE EXTENSION FOR THE PUBLIC SERVICES BUILDING AT 590 MORRO BAY BOULEVARD; (CITY ATTORNEY) • RECOMMENDATION: Approve six-month extension to the lease agreement for the Public Services building at 590 Morro Bay Boulevard. Councilmember Crotzer pulled Item A -I from the Consent Calendar; and Councilmember Peters pulled Items A-4 and A-9. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Items A-1, A-4 and A-9. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS OF JUNE 28, 1999 AND JULY 12, 1999 Councilmember Crotzer requested a correction to page 8 of the June 28, 1999 minutes referring to his remarks on Dial -A -Ride and the increase of fares. 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 26, 1999 MOTION: Councilmember Crotzer moved the City Council approve Item A-1 of the Consent Calendar as amended. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-4 APPROVAL OF JOB DESCRIPTIONS PURSUANT TO ADOPTED FISCAL YEAR 1999/2000 BUDGET Councilmember Peters requested staff clarification on who is filling these new positions. City Manager David Cole reviewed the job descriptions approved in the 1999/00 budget and which employees are presently filling the positions that are current. MOTION: Councilmember Peters moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) • A-9 APPROVAL OF A ONE -MONTH EXTENSION TO THE MORRO BAY DIAL - A -RIDE OPERATIONS AGREEMENT • Councilmember Peters pulled this item due to the amendment made to the staff report, and requested staff clarification. Administrative Assistant Janeen Burlingame responded that staff originally recommended extending the current agreement with Laidlaw for the month of September because the RFP process was taking longer than expected; however, due to a situation that was brought about at a recent meeting of the RFP evaluation committee, staff now suggests Council approve extending the current agrement through October. MOTION: Councilmember Peters moved the City Council approve Item A-9 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 26, 1999 11�21 �l`df3ib91►��I.�� D-1 PRESENTATION BY FRENCH HOSPITAL REPRESENTATIVE REGARDING THE STATUS OF MED-STOP IN MORRO BAY The City Council received a presentation by Gale Gascho, Chief Executive Officer of the Central Coast Health Partners of French Hospital, regarding the status of Med-Stop locating in Morro Bay. This was an informational item, no action was taken. D-2 PRESENTATION BY THE PRESIDENT OF THE ECONOMIC VITALITY CORPORATION The City Council received a presentation by David Spaur, President of the Economic Vitality Corporation, on the areas of focus and core programs of the EVC. • This was an informational item, no action was taken. Mayor Anderson called for a break at 7:21 p.m.; the meeting resumed at 7:34 p.m. D-3 RESOLUTION NO. 65-99 AUTHORIZING THE FINANCE DIRECTOR TO EXECUTE FINANCING CONTRACT WITH ZIONS BANK FOR EQUIPMENT LEASE/PURCHASES; (FINANCE) Finance Director Jim Koser stated this proposed financing offers the City access to a line of credit with a total of 5425,000 available. He said the proposed financing package is technically a lease/purchase agreement with the following innovative features: 1) the interest rate is set at 65% of the Prime Rate; 2) principal is loaned only when needed; and 3) the City draws down on the lease/purchase by writing checks against the total available line of credit. Mr. Koser recommended the City Council adopt Resolution No. 65-99 which approves the terms of the lease/purchase financing, and authorizes the Finance Director to execute the contract. MOTION: Councilmember Crotzer moved the City Council adopt Resolution No. 65- 99 which approves the terms of the lease/purchase financing, and authorizes the Finance Director to execute the contract. The motion was • seconded by Councilmember Peirce and carried unanimously. (5-0) 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 26, 1999 D-4 DISCUSSION OF IMPACTS AND CONSIDERATION OF RESTRICTING SKATEBOARDING IN DOWNTOWN BUSINESS DISTRICT; (POLICE) Police Chief Joe Loven stated complaints regarding the manner in which some skateboarders practice their sport have increased over the past few years as the sport has grown in popularity. He said the Police Department has addressed some of the complaints through the adoption and enforcement of a skateboard ordinance while our City, through the Recreation & Parks Department, has provided alternative skateboarding sites by constructing a skate park and a roller hockey rink. Chief Loven stated the majority of complaints come from areas where there are heavy concentrations of other pedestrian or vehicle traffic, such as the downtown business district or large parking lots. He said the complaints tend to increase during the summer months when there is an increase in pedestrian, vehicle and skateboard activity. Chief Loven recommended the City Council discuss and consider an option on measures it feels appropriate to address complaints and other issues surrounding skateboarders in the downtown business district. • The consensus of the City Council was to approve Option 4 in the staff report which promotes meetings between the affected businesses encouraging "self -policing" by the skateboarders, and directed the Police Department to step up enforcement and act on individual complaints. WINEW-0319IN-03010y I, The meeting adjourned at 8:30 p.m. Recorded by: Bridgett Bauer City Clerk L J E NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Closed Session Meeting on Thursday, July 22, 1999 at 5:30 p.m. to be held at the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be discussing 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 instructions to the Designated • Representative. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. DATED: July 16, 1999 Bridgett 4uer, City Clerk 0 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Meeting on Thursday_, July 22, 1999 at 7:00 p•m• to be held at the City Hall Conference Room, 595 Harbor Street, Morro Bay, The City Council will be conducting interviews to fill vacancies on the City Community Promotions Committee and Planning Commission. July 16, 1999 J Bridgett uer, City Clerk MINUTES - MORRO BAY CITY COUNCIL • SPECIAL MEETING - THURSDAY, JULY 22, 1999 CITY HALL CONFERENCE ROOM - 7:00 P.M. Mayor Anderson called the meeting to order at 7:00 p.m. PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager Mayor Anderson announced that applicants Steven Dunton and Bernard Melvin have withdrawn their applications for the Planning Commission vacancy. He also stated the one applicant for the Community Promotions Committee vacancy is out of town'and not available for an interview. Council consensus was to readvertise the vacancy on the Community Promotions Committee, and set another interview date. • INTERVIEW OF APPLICANTS The City Council interviewed the following applicants for Planning Commission: Melody DeMeritt, Rick Grantham, Gary Ream and Bill Woodson. Mayor Anderson called for a break at 8:37 p.m.; the meeting resumed at 8:39 p.m. The City Council voted as follows: Mayor Anderson: Gary Ream Councilmember Crotzer: Melody DeMeritt Councilmember Elliott: Gary Ream Councilmember Peirce: Gary Ream Councilmember Peters: Melody DeMeritt With a final tally of three votes for Gary Ream and two votes for Melody DeMeritt, the • City Council appointed Gary Ream to serve on the Planning Commission with a term to expire on January 31, 2001. ADJOURNMENT - The meeting adjourned at 8:52 p.m. MINUTES - MORRO BAY CITY COUNCIL • CLOSED SESSION - THURSDAY, JULY 22, 1999 CITY HALL CONFERENCE ROOM - 5:30 P.M. Mayor Anderson called the meeting to order at 5:40 p.m. PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember ABSENT: Janice Peters Councilmember STAFF: David Cole City Manager Robert Schultz City Attorney Ardith Davis Personnel Officer/Risk Manager MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Crotzer 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 instructions to the Designated Representative. The meeting adjourned to Closed Session at 5:40 p.m. and returned to regular session at 6:50 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Crotzer and unanimously carried. (4-0) The meeting adjourned at 6:50 p.m. 0 r 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 12,1999 CLOSED SESSION - JULY 12,1999 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. Status Report on all Pending Litigation. This is a report on status and no action may be taken on any matter not specifically listed. Council may request a specific matter be agendized in the future for action. CS-2 GOVERNMENT CODE SECTION 54957.6e 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 instructions to the Designated Representative. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. 0 • PUBLIC SESSION - JULY 12,1999 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. • 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 MEETINGS OF JANUARY 20, 1999, FEBRUARY 25, 1999 AND JULY 1, 1999; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. 2 • A-2 RESOLUTION NO. 61-99 APPROVING SETTING POLICY FOR DEDICATION OF TREES, BENCHES AND PLAQUES IN PUBLIC PARKS AND ON PUBLIC PROPERTY; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 61-99. A-3 APPROVAL OF AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO TO PARTICIPATE IN URBAN COUNTY FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT, HOME AND EMERGENCY SHELTER GRANT FUNDING PROGRAMS; (PUBLIC SERVICES) RECOMMENDATION: 1) Approve participation in the Urban County federal Community Development Block Grant, HOME Investment Partnership and Emergency Shelter Grant Funding Programs; 2) authorize the City Manager to execute the agreement; and 3) direct staff to provide the executed agreement to County staff prior to July 16, 1999. A-4 REQUEST TO EXTEND DEADLINE TO RECEIVE APPLICATIONS TO FILL VACANCIES ON THE PLANNING COMMISSION AND COMMUNITY PROMOTIONS COMMITTEE; (ADMINISTRATION) • RECOMMENDATION: Approve the extension to receive applications to fill vacancies on the Planning Commission and Community Promotions Committee to Friday, July 16, 1999; and direct City Clerk to advertise vacancies. w w - . 1► C-1 DISCUSSION ON ONE-ON-ONE MEETINGS WITH COMMISSIONS AND ADVISORY BOARDS; (COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. �Z_ A : 1 D-1 DISCUSSION ON COMMEMORATIVE PLAQUES FOR RETIRED LONG- TIME CITY EMPLOYEES; (COUNCIL) • RECOMMENDATION: Discuss and direct staff accordingly. 3 • D-2 DISCUSSION ON FORMING THE CITIZENS BIKE COMMITTEE AS AN AD -HOC COMMITTEE; (COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. D-3 PROGRESS REPORT ON THE TEEN CENTER; (RECREATION & PARKS) RECOMMENDATION: Receive the report for information. D-4 RECOGNITION OF CHANNEL 54 VOLUNTEERS; (COUNCIL) D-5 RECOGNITION OF THE CITY'S 35TH ANNIVERSARY OF INCORPORATION; (COUNCIL) • 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 12, 1999 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: David Cole City Manager Robert Schultz City Attorney Mike Boyajian Assistant City Attorney Ardith Davis Personnel Officer/Risk Manager CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) • Mayor Anderson read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.9(A); CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. Status Report on all Pending Litigation. This is a report on status and no action may be taken on any matter not specifically listed. Council may request a specific matter be agendized in the future for action. CS-2 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 instructions to the Designated Representative. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:56 p.m. MOTION: Councilmember Elliott moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) 0 The meeting adjourned at 5:56 p.m. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 12, 1999 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: David Cole City Manager Robert Schultz City Attorney Bridgett Bauer City Clerk Robert Hendrix InterimPublic Services Director Andrea Lueker Recreation & Parks Director Shauna Nauman Interim Planning&Building 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 no action was taken by the City Council in Closed Session. • Grace Melton acknowledged the City's 35th Anniversary of Incorporation, and said the library will have a display in honor of this anniversary. Roger Ewing stated cablecasting of City meetings and events has been a very valuable effort in the community. Lee Greenawalt stated cablecasting of City meetings has been very helpful for in -home people. Kurt Steinman requested Council consider a reduction in his lease rent due to the structure fire until he can move his business back in. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 12, 1999 Jeanette Duncan, Director of People Self Help Housing addressed Item A-3 (Approval of Agreement with the County of San Luis Obispo to Participate in Urban County Federal Community Development Block Grant, Home and Emergency Shelter Grant Funding Programs) and requested the City Council consider the impact this agreement of participation with the County may cause in obtaining CDBG funding for low income housing in Morro Bay. Lillian Judd also addressed Item A-3 and requested Council consider maintaining independent status in obtaining CDBG grants which will allow for more flexibility and major potential for resources for low income housing in Morro Bay. John Birch expressed concern relating to the Main Street Bike Path Project and requested City officials research the history of Morro Bay when considering projects such as this. The following people expressed opposition to Item A-2 (Resolution No. 61-99 Approving Setting Policy for Dedication of Trees, Benches and Plaques in Public Parks and on • Public Property) stating this will not achieve participation in donations due to the proposed increase in costs for installation of trees, plaques and benches: John Barta, Chuck Meissner, Albert Jorge and Bill Olson. u Randy Bear thanked the City and its representatives for their efforts in the 4th of July festivities. Meredith Bates stated she is pleased with the progress of the Citizen's Bike Path Committee, and said she would prefer this Committee not be hindered with rules and regulations. She also expressed concern for the citizens of Morro Bay with regard to the trade in of cable television boxes. WIN W.1RI u Councilmember Elliott requested Council's consideration of skateboarding in the downtown area. Mayor Anderson requested to take the agenda out of order to hear Item D-4 next; Council concurred. 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 12, 1999 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 MEETINGS OF JANUARY 20, 1999, FEBRUARY 25, 1999 AND JULY 1, 1999; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 61-99 APPROVING SETTING POLICY FOR DEDICATION OF TREES, BENCHES AND PLAQUES IN PUBLIC PARKS AND ON PUBLIC PROPERTY; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 61-99. • A-3 APPROVAL OF AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO TO PARTICIPATE IN URBAN COUNTY FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT, HOME AND EMERGENCY SHELTER GRANT FUNDING PROGRAMS; (PUBLIC SERVICES) RECOMMENDATION: 1) Approve participation in the Urban County federal Community Development Block Grant, HOME Investment Partnership and Emergency Shelter Grant Funding Programs; 2) authorize the City Manager to execute the agreement; and 3) direct staff to provide the executed agreement to County staff prior to July 16,1999. A-4 REQUEST TO EXTEND DEADLINE TO RECEIVE APPLICATIONS TO FILL VACANCIES ON THE PLANNING COMMISSION AND COMMUNITY PROMOTIONS COMMITTEE; (ADMINISTRATION) RECOMMENDATION: Approve the extension to receive applications to fill vacancies on the Planning Commission and Community Promotions Committee to Friday, July 16, 1999; and direct City Clerk to advertise vacancies. Councilmember Peirce pulled Item A-2 from the Consent Calendar; Councilmember • Elliott pulled Item A-3; and Councilmember Peters pulled Item A-4. 13 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 12, 1999 MOTION: Councilmember Crotzer moved the City Council approve Item A-1 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-2 RESOLUTION NO. 61-99 APPROVING SETTING POLICY FOR DEDICATION OF TREES, BENCHES AND PLAQUES IN PUBLIC PARKS AND ON PUBLIC PROPERTY; (RECREATION & PARKS) Councilmember Peirce stated benches and trees would be placed in specified locations regardless of if they are donated or not. He said he opposes the proposed increase in fees. Councilmember Peters asked for staff clarification. Recreation & Parks Director Andrea Lueker responded this issue is based on specialized donations which require funding to maintain these items. Councilmember Peters stated she would like volunteers or those who donate the trees, • plaques or benches to maintain those donated items. She said she does not support increased fees for donated items. Councilmember Elliott noted there are certain costs to beautify a city; however, this is a tax on donations. He said the City should set standards and not charge fees. Councilmember Crotzer stated he supports the staff recommendation based on the maintenance required for trees and benches. Mayor Anderson stated the present policy should be maintained, and he does not support adoption of the proposed fees. He recommended staff provide standards for people who want to donate items. MOTION: Councilmember Elliott moved the City Council not adopt Resolution No. 61-99; and direct staff to establish standards for trees, plaques and benches, and allow donors to purchase them along as they meet City standards. The motion was seconded by Councilmember Peirce and failed with Mayor Anderson, Councilmember Crotzer and Councilmember Peters voting no. No further action was taken on this item. • 5 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 12, 1999 A-3 APPROVAL OF AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO TO PARTICIPATE IN URBAN COUNTY FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT, HOME AND EMERGENCY SHELTER GRANT FUNDING PROGRAMS; (PUBLIC SERVICES) Councilmember Elliott stated he is not in support of this proposed participation which will limit the City to access funding that would be available with independent status. Councilmember Crotzer stated the City should maintain independent status in obtaining CDBG grant funding for low income housing. Councilmember Peters recommended the City consider contracting with a grant writer when an application is considered. Mayor Anderson agreed the City would be best represented independently. • MOTION: Councilmember Crotzer moved the City Council elect not to participate in the Urban County Federal Community Development Block Grant, HOME Investment Partnership and Emergency Shelter Grant Funding Programs; and direct staff to maintain independent status in obtaining CDBG grants. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-4 REQUEST TO EXTEND DEADLINE TO RECEIVE APPLICATIONS TO FILL VACANCIES ON THE PLANNING COMMISSION AND COMMUNITY PROMOTIONS COMMITTEE; (ADMINISTRATION) Councilmember Peters asked how many applicants have applied to date to fill the vacancies. City Clerk Bridgett Bauer responded one application has been received for the Community Promotions Committee vacancy, and five applications for the Planning Commission vacancy. 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) . Mayor Anderson called for a break at 8:05 p.m.; the meeting resumed at 8:25 p.m. ro • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 12, 1999 • : W A I - . 11 : - 1►. C-1 DISCUSSION ON ONE-ON-ONE MEETINGS WITH COMMISSIONS AND ADVISORY BOARDS; (COUNCIL) Councilmember Peters requested Council consider scheduling one-on-one meetings with each City Commission and Advisory Board. The City Council scheduled the following meetings with: Community Promotions Committee - August 25th at 8:00 a.m. Harbor Advisory Board - September 2nd at 7:00 p.m. Public Works Advisory Board - September 8th at 6:00 p.m.; Recreation & Parks Commission - September 9th at 6:00 p.m.; • D. NEW BUSINESS D-1 DISCUSSION ON COMMEMORATIVE PLAQUES FOR RETIRED LONG- TIME CITY EMPLOYEES; (COUNCIL) Councilmember Peirce requested this item be agendized at the June 28, 1999 City Council meeting. The consensus of Council was to direct staff to work on a display plaque commemorating employees who have worked 20+ years for the City of Morro Bay. D-2 DISCUSSION ON FORMING THE CITIZENS BIKE COMMITTEE AS AN AD -HOC COMMITTEE; (COUNCIL) Councilmember Crotzer requested this item be agendized at the June 28, 1999 City Council meeting. Councilmember Crotzer stated that forming the Citizens Bike Committee as an ad -hoc committee would allow the use of a City facility, the use of the City Clerk to notice the meetings, and to allow for airing on Channel 54. • Consensus of the City Council was to not form the Citizens Bike Committee as an ad -hoc committee. 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 12, 1999 D-3 PROGRESS REPORT ON THE TEEN CENTER; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker reported on the progress of the new Teen Center located on Harbor Street. This was an informational item and no action was taken. D-4 RECOGNITION OF CHANNEL 54 VOLUNTEERS; (COUNCIL) Mayor Anderson presented the volunteers of AGP Video with Certificates of Appreciation and City pins for their hours of service in filming City meetings and events. D-5 RECOGNITION OF THE CITY'S 35TH ANNIVERSARY OF INCORPORATION; (COUNCIL) • Mayor Anderson read the Proclamation recognizing the City's 35th Anniversary of Incorporation, and adjourned the meeting in order to celebrate this event. 1 :_ 1 9 u► 1 The meeting adjourned at 9:20 p.m. Recorded by: Bridgett Bauer City Clerk 3 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Closed Session Meeting on Thursday_, July 1, 1999 at 5:00 p.m. to be held at the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be discussing Government Code Section �,. Litigatio • • Donville v. City of Morro Bay, San Luis Obispo Superior Court Case No. CV980098. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. DATED: June 28, 1999 Bridgett Baudr, City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Meeting on Thursday_, July 1, 1999 at 5:30 p.m. to be held at the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be discussing the terms and conditions associated with the Joint Powers Agreement with the Cayucos Sanitary District. • DATED: June 28, 1999 W Bridgett B uer, City Clerk MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JULY 1, 1999 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Anderson called the meeting to order at 5:03 p.m. PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember (arrived at 5:38 p.m.) STAFF: David Cole City Manager David Hunt Special Counsel Robert Schultz City Attorney Robert Hendrix Interim Public Services Director MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Elliott and • unanimously carried. (4-0) Mayor Anderson read the Closed Session statement. CS-1 Government Code Section 54956 9(1); Conference with Legal Counsel Regarding Pending Litigation • Donviile v. City of Morro Bay, San Luis Obispo County Superior Court Case No. CV980098. The meeting adjourned to Closed Session at 5:03 p.m. and returned to regular session at 5:52 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 5:52 p.m. 0 MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - JULY 1, 1999 CITY HALL CONFERENCE ROOM - 5:30 P.M. Mayor Anderson called the meeting to order at 5:55 p.m. PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager Robert Schultz City Attorney Jim Chapman Interim Staff Engineer Robert Hendrix InterimPublic Services Director Bruce Keogh WWTP Division Manager Jim Koser Finance Director MAYOR'S REPORTS & ANNOUNCEMENTS - None. is PUBLIC COMMENT - None. City Attorney Robert Schultz explained the legal issues of the Morro Bay - Cayucos Joint Powers Agreement. Finance Director Jim Koser explained the financial issues of the agreement and the proposed 1999/2000 Wastewater Treatment Plant budget. He said the quarterly invoice payments will be affected by Cayucos' interpretation of capital replacement expenses. Interim Public Services Director Bob Hendrix and Wastewater Treatment Plant Division Manager Bruce Keogh discussed the technical issues of the agreement and the proposed budget. MOTION: Councilmember Peirce moved the meeting adjourn at 6:31 p.m. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) 0 The meeting adjourned at 6:31 p.m. 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 28,1999 CLOSED SESSION - JUNE 28,1999 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 instructions to the Designated Representative. • City of Morro Bay v. Hulse, San Luis Obispo Superior Court Case No. CV980185. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. 9 • PUBLIC SESSION - NNE 28,1999 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. • 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 14, 1999; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. 2 . A-2 CASH & INVESTMENT REPORT - MAY 1999; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - MAY 1999; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 WASTEWATER TREATMENT PLANT JPA AUDIT REPORT FOR PERIOD ENDING JUNE 30, 1998; (FINANCE) RECOMMENDATION: Accept the audit report. A-5 RESOLUTION NO. 57-99 APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE COASTAL RESOURCES GRANT PROGRAM FOR THE CONSTRUCTION OF A REPLACEMENT REST ROOM AT THE MORRO ROCK PARKING LOT; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 57-99. • A-6 RESOLUTION NO. 52-99 ACCEPTING EASEMENT FROM PG&E FOR MAIN STREET BIKE PATH/BLENDING PIPELINE; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 52-99. A-7 RESOLUTION NO. 53-99 APPROVING RESTRICTED PARKING REQUEST FOR 1100 BLOCK OF FRONT STREET; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 53-99. A-8 RESOLUTION NO. 51-99 APPROVING CONTRACT WITH SAN LUIS OBISPO COUNTY ANIMAL SERVICES; (POLICE) RECOMMENDATION: Adopt Resolution No. 51-99. A-9 RESOLUTION NO. 60-99 APPROVING A SUBLEASE FOR A PORTION OF LEASE SITE 87-88/87W-88W; (HARBOR) RECOMMENDATION: Adopt Resolution No. 60-99. • 3 • A-10 RESOLUTION NO. 54-99 APPROVING THE CAL TRANS PROGRAM SUPPLEMENTS FOR THE 1998 STATE TRANSPORTATION IMPROVEMENT PROGRAM; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 54-99. A-11 APPROVAL OF SALARY STEP INCREASE FOR CITY MANAGER; (CITY ATTORNEY) RECOMMENDATION: Approve salary step increase for City Manager. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 CONSIDERATION OF TRANSIT DEVELOPMENT PLAN FOR FISCAL YEARS 1999/2000 TO 2004/2005; (PUBLIC SERVICES) RECOMMENDATION: Adopt the Transit Development Plan for fiscal years 1999/2000 to 2004/2005, and provide direction with regard to Saturday service. • B-2 RESOLUTION NO. 55-99 ESTABLISHING APPROPRIATION LIMITS FOR FISCAL YEAR 1999/2000; (FINANCE) RECOMMENDATION: Adopt Resolution No. 55-99. B-3 RESOLUTION NO. 58-99 ORDERING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LIGHTING & LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 58-99. B-4 RESOLUTION NO. 59-99 ORDERING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS LIGHTING & LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION &PARKS) RECOMMENDATION: Adopt Resolution No. 59-99. C. UNFINISHED BUSINESS C-1 RESOLUTION NO. 56-99 APPROVING OPERATING AND CAPITAL • IMPROVEMENT BUDGETS FOR FISCAL YEAR 1999/00; (FINANCE) RECOMMENDATION: Adopt Resolution No. 56-99. . C-2 CONSIDERATION OF VIDEO PRODUCTION AND CHANNEL 54 INSERTION POINT MANAGEMENT SERVICES AGREEMENT WITH AGP VIDEO; (PUBLIC SERVICES) RECOMMENDATION: Staff recommends the City Council consider the three service level options, select an option and authorize the City Manager to execute the Video Production and Channel 54 Insertion Point Management Services Agreement with AGP Video on our City's behalf. � ► . : w D-1 STATUS REPORT ON VANDALISM AND FIRE AT THE MORRO BAY HIGH SCHOOL, AND CONSIDERATION OF RAISING REWARD; (POLICE/FIRE) RECOMMENDATION: Receive report for information, and discuss the funding of a reward. D-2 REQUEST TO AGENDIZE DISCUSSION OF ONE ON ONE MEETINGS WITH COMMISSIONS AND ADVISORY BOARDS; (COUNCIL) • RECOMMENDATION: Discuss and direct staff accordingly. • Moop 0 • t►U Z 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 - JUNE 28, 1999 CITY HALL CONFERENCE ROOM 5:00 P.M. Mayor Anderson called the meeting to order at 5:03 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager Robert Schultz City Attorney MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) • Mayor Anderson read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 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 instructions to the Designated Representative. • City of Morro Bay a Hulse, San Luis Obispo Superior Court Case No. CV980185. The meeting adjourned to Closed Session at 5:03 p.m. and returned to regular session at 5:54 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 5:54 p.m. 0 11 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1999 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: David Cole Robert Schultz Bridgett Bauer Rick Algert Janeen Burlingame Robert Hendrix Jeff Jones Jim Koser Joe Loven Andrea Lueker ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney reportable action taken by the City Council. City Manager City Attorney City Clerk Harbor Director Administrative Assistant InterimPublic Services Director Fire Chief Finance Director Police Chief Recreation & Parks Director Robert Schultz stated there was no The following people expressed support for the airing of Brown Act meetings on Channel 54: Roger Ewing, Ray McKelligott, Tish Tefft, and Dorothy Cutter. The following people expressed support for the Dial -A -Ride service provided in the City: Ethel Heckon, Thelma Lundy, and Leabah Winter. Lionel Johnston stated he has native trees available for planting. Jim Wood addressed the need for a haul -out facility in the City, and requested Council direct the consultants to include such a facility in the proposed LCP/GP update. F4 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1999 Mike Messinger asked if the Scenic Highway Designation will assist in the trash clean-up along Highway One. Steve Mathieu stated the 4th of July festivities will be aired live on Channel 54. Leabah Winter announced the need for volunteers to assist in the May Day program. Paul Twedt announced there is a new 4th of July shirt available to the public, and also noted the web site address for Channel 54. Councilmember Peirce requested the discussion of a commemorative plaque to be displayed in City Hall for long-time City employees. Councilmember Crotzer requested the discussion of forming the Citizens Bike • Committee as an ad -hoc committee. 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 14, 1999; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT - MAY 1999; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - MAY 1999; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 WASTEWATER TREATMENT PLANT JPA AUDIT REPORT FOR PERIOD • ENDING JUNE 30, 1998; (FINANCE) RECOMMENDATION: Accept the audit report. F3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1999 A-5 RESOLUTION NO. 57-99 APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE COASTAL RESOURCES GRANT PROGRAM FOR THE CONSTRUCTION OF A REPLACEMENT REST ROOM AT THE MORRO ROCK PARKING LOT; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 57-99. A-6 RESOLUTION NO. 52-99 ACCEPTING EASEMENT FROM PG&E FOR MAIN STREET BIKE PATH/BLENDING PIPELINE; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 52-99. A-7 RESOLUTION NO. 53-99 APPROVING RESTRICTED PARKING REQUEST FOR 1100 BLOCK OF FRONT STREET; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 53-99. • A-8 RESOLUTION NO. 51-99 APPROVING CONTRACT WITH SAN LUIS OBISPO COUNTY ANIMAL SERVICES; (POLICE) RECOMMENDATION: Adopt Resolution No. 51-99. A-9 RESOLUTION NO. 60-99 APPROVING A SUBLEASE FOR A PORTION OF LEASE SITE 87-88/87W-88W; (HARBOR) RECOMMENDATION: Adopt Resolution No. 60-99. A-10 RESOLUTION NO. 54-99 APPROVING THE CAL TRANS PROGRAM SUPPLEMENTS FOR THE 1998 STATE TRANSPORTATION IMPROVEMENT PROGRAM; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 54-99. A-11 APPROVAL OF SALARY STEP INCREASE FOR CITY MANAGER; (CITY ATTORNEY) RECOMMENDATION: Approve salary step increase for City Manager. • Councilmember Peters pulled Item A-3 from the Consent Calendar; Councilmember Crotzer pulled Items A-5 and A-10; and Mayor Anderson pulled Item A-9. rd MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1999 MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Items A-3, A-5, A-9, and A-10. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-3 EXPENDITURE REPORT - MAY 1999; (FINANCE) Councilmember Peters requested clarification on two large expenditures made by the Recreation & Parks Department. Recreation & Parks Director Andrea Lueker reviewed these expenditures 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) • A-5 RESOLUTION NO. 57-99 APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE COASTAL RESOURCES GRANT PROGRAM FOR THE CONSTRUCTION OF A REPLACEMENT REST ROOM AT THE MORRO ROCK PARKING LOT; (RECREATION & PARKS) Councilmember Crotzer requested clarification on the plans for the replacement rest room at the Morro Rock parking lot. Recreation & Parks Director Andrea Lueker responded the plan is to demolish the present restroom facility and construct a new restroom facility which will include two cold water showers. MOTION: Councilmember Crotzer moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-9 RESOLUTION NO. 60-99 APPROVING A SUBLEASE FOR A PORTION OF LEASE SITE 87-88/87W-88W; (HARBOR) Mayor Anderson recommended this lease agreement include language which prohibits . the sale of drug paraphernalia, and provisions of services which detract from the positive environment on the Embarcadero; and, the Council will review the lease on a complaint basis. 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1999 MOTION: Mayor Anderson moved the City Council approve Item A-9 of the Consent Calendar as amended. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-10 RESOLUTION NO. 54-99 APPROVING THE CAL TRANS PROGRAM SUPPLEMENTS FOR THE 1998 STATE TRANSPORTATION IMPROVEMENT PROGRAM; (ADMINISTRATION) Councilmember Crotzer requested clarification on the proposed road work, and whether the sidewalk portion will be attended to. Interim Public Services Director Robert Hendrix responded he will review the specifications of the design, and report back to Council. MOTION: Councilmember Crotzer moved the City Council approve Item A-10 of the Consent Calendar. The motion was seconded by Councilmember Peters • and carried unanimously. (5-0) B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 CONSIDERATION OF TRANSIT DEVELOPMENT PLAN FOR FISCAL YEARS 1999/2000 TO 2004/2005; (PUBLIC SERVICES) Administrative Assistant Janeen Burlingame stated the San Luis Obispo Council of Governments hired JKaplan & Associates of Walnut Creek to conduct an analysis of the present transit program offered in Morro Bay and to develop a capital and operating program for the upcoming five year period commencing July 1, 1999. She said transit development plans are updated every five years for all transit programs in the County, and the current plan for Morro Bay was completed in May 1994. Ms. Burlingame stated the next plan is scheduled to begin with the 1999/2000 fiscal year, and staff has been working with JKaplan & Associates on developing the new plan. She recommended the City Council receive the report from JKaplan & Associates, adopt the Transit Development Plan for fiscal years 1999/2000 to 2004/2005, and provide direction with regard to Saturday service. Jerry Kaplan of JKaplan & Associates presented the proposed transit development plan to the City Council. • Mayor Anderson called for a break at 8:14 p.m.; the meeting resumed at 8:28 p.m. 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1999 Mayor Anderson opened the hearing for public comment. Dr. Barry Dorfinann addressed the need for transportation in the City for people who are medically impaired. Elsie Simmons expressed support for the Dial -A -Ride bus service. She said she would like Saturday service, and perhaps have the trolley go to north Morro Bay and the museum in the State Park at scheduled pick-up times. Rita Tolmack expressed support for Dial -A -Ride, and requested Council consider Saturday service and fares for low-income citizens. Louise Barkus stated participants use Dial -A -Ride to get to the May Day facility. Sue Pryor said she rides Dial -A -Ride to meet people. She said she would like Saturday service and would prefer to not have the fares raised. • Jim Wood expressed support for Dial -A -Ride, and said Saturday service would be a benefit. Melvin Brenneise, driver for Dial -A -Ride, addressed the benefits of the Dial -A -Ride program. Paul Twedt expressed support for the Dial -A -Ride and trolley service, and requested Council consider maintaining the service and fares. Dee Wagner requested Council consider advertising to increase ridership, and raising the trolley fare to 50 cents. She said she would like trolley stops in north Morro Bay on Saturdays. Betty Winholtz addressed the dependability for transportation for seniors and children in the City. Mayor Anderson closed the public comment hearing. Councilmember Peirce stated he supports: 1) the trolley route to include north Morro Bay; 2) providing a day pass for the trolley; 3) increased fares for Saturday Dial -A -Ride • use; and, 4) a transfer point for Dial -A -Ride in north Morro Bay. VA • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1999 Councilmember Peters stated she supports: 1) the trolley route to include north Morro Bay and the State Park on Saturdays; 2) providing a day pass for the trolley; and 3) an increase in the trolley fares, but not Dial -A -Ride fares. She also said she would be interested in a reduction of Dial -A -Ride service hours during down times on a trial basis. Councilmember Crotzer stated he supports Saturday Dial -A -Ride service with an increase in thR far. He said he is also interested in an experimental expansion in services with maintained fazes. Councilmember Elliott stated Dial -A -Ride should have discounted fares for low-income, disabled and senior citizens. He said he supports Saturday Dial -A -Ride service with an increase in fares except for those listed above. Mayor Anderson suggested waiting for the survey results before raising the trolley fare. He said he supports Saturday Dial -A -Ride service on a trial basis. • MOTION: Councilmember Peirce- moved the City Council accept the Transit Development Plan for Fiscal Years 1999/2000 to 2004/2005. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) The City Council directed staff to return with a report on trolley and Dial -A -Ride fares, an extended trolley route to north Morro Bay and the State Park and Saturday Dial -A - Ride service on a trial basis, and information on advertising. B-2 RESOLUTION NO. 55-99 ESTABLISHING APPROPRIATION LIMITS FOR FISCAL YEAR 1999/2000; (FINANCE) Finance Director Jim Koser stated Proposition I I I allows for new adjustment formulas for the required calculation which are more responsible to local growth issues. He said the proposition also requires an annual review of the limit calculations by a qualified independent auditor in conjunction with the annual financial audit, and requires the local legislative body to elect which factors to use in the appropriation limit calculations. Mr. Koser stated the most advantageous factors in calculating our City's appropriation limit is by using the California Per Capita Personal Income measurement, and the measurement of population in San Luis Obispo County. He said based on these factors, the City of Morro Bay remains well under its appropriation limit. Mr. Koser recommended the City Council adopt Resolution No. 55-99 approving the Fiscal Year 1999/2000 Appropriation • Limit. El • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1999 Mayor Anderson opened the hearing for public comment; there were no comments, and the public comment pdriod was closed. MOTION: Councilmember Crotzer moved the City Council adopt Resolution No. 55-99 approving the Fiscal Year 1999/2000 Appropriation Limit. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) B-3 RESOLUTION NO. 58-99 ORDERING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LIGHTING & LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker recommended the City Council adopt Resolution No. 58-99, which will approve the collection of $5,645 through an assessment of all parcel owners in the North Point subdivision for the maintenance of the North Point • Natural Area. Mayor Anderson opened the hearing for public comment; there were no comments, and the public comment period was closed. MOTION: Councilmember Crotzer moved the City Council adopt Resolution No. 58- 99 ordering the Levy of the Annual Assessment for the North Point Natural Area Lighting & Landscaping Maintenance Assessment District. The motion was seconded by Councilmember Peters and carried with Councilmember Elliott voting no. (4-1) B-4 RESOLUTION NO. 59-99 ORDERING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS LIGHTING & LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker recommended the City Council adopt Resolution No. 59-99, which will approve the collection of $148,944 through an assessment of all parcel owners in the Cloisters subdivision for the maintenance of the Cloisters Park and Open Space. Mayor Anderson opened the hearing for public comment; there were no comments, and • the public comment period was closed. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1999 MOTION: Councilmember Peters moved the City Council adopt Resolution No. 59-99 Ordering the Levy of the Annual Assessment for the Cloisters Lighting & Landscaping Maintenance Assessment District. The motion was seconded by Councilmember Crotzer and carried with Councilmember Elliott voting no. (4-1) Mayor Anderson requested to take the agenda out of order to hear Item C-2 next; Council concurred. C-1 RESOLUTION NO. 56-99 APPROVING OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR FISCAL YEAR 1999/00; (FINANCE) Finance Director Jim Koser stated adoption of the Fiscal Year 1999/2000 Budget will establish the estimated revenue goals and expenditure limits for the upcoming fiscal year, • and implement the financial plan of the City of Morro Bay. He recommended the City Council adopt Resolution No. 56-99 approving the Operating and Capital Improvement Budgets for Fiscal Year 1999/2000. MOTION: Councilmember Crotzer moved the City Council adopt Resolution No. 56-99 approving the Operating and Capital Improvement Budgets for Fiscal Year 1999/2000 with an amendment adding $12,640 per year for video services agreement costs. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) C-2 CONSIDERATION OF VIDEO PRODUCTION AND CHANNEL 54 INSERTION POINT MANAGEMENT SERVICES AGREEMENT WITH AGP VIDEO; (PUBLIC SERVICES) Administrative Assistant Janeen Burlingame reviewed the three service level options for Council consideration, and recommended the City Council select an option and authorize the City Manager to execute the Video Production and Channel 54 Insertion Point Management Services Agreement with AGP Video. Councilmember Elliott stated he supports Option 2 in the staff report which would allow for filming 100 City Brown Act meetings and channel management, with a year-to-year • review. He said the City should not pay for set up and take down of the video equipment. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 28, 1999 Mayor Anderson and Councilmembers Crotzer, Peirce and Peters supported Option 3 in the staff report which would allow for the filming of 140 City Brown Act and/or "adjunct" meetings and channel management, a two year contract. MOTION: Councilmember Peters moved the City Council approve Option 3 in the staff report providing for the -filming of 140 City Brown Act and "adjunct' meetings and channel management, based on a two year contract with an option to renegotiate by either party after the first year. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) . Z D-1 STATUS REPORT ON VANDALISM AND FIRE AT THE MORRO BAY HIGH SCHOOL, AND CONSIDERATION OF RAISING REWARD; (POLICE/FIRE) • Police Chief Joe Loven and Fire Chief Jeff Jones reviewed the status on the fire damage to the Morro Bay High School bus barn facility. The City Council received the report for information, increased the reward by $1,000, and requested staff work with the school district for additional reward funding. D-2 REQUEST TO AGENDIZE DISCUSSION OF ONE ON ONE MEETINGS WITH COMMISSIONS AND ADVISORY BOARDS; (COUNCIL) This item was continued to the July 12, 1999 City Council meeting. The meeting adjourned at 11:08 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 - NNE 14,1999 CLOSED SESSION - NNE 14, 1999 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 instructions 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. PUBLIC SESSION - NNE 14,1999 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. 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 24, 1999, AND BUDGET MEETINGS OF MAY 27, 1999 AND JUKE 2, 1999; (ADMINISTRATION) • RECOMMENDATION: Approve as submitted. 2 L A-2 RESOLUTION NO. 47-99 APPROVING A ONE-YEAR LEASE AGREEMENT FOR LEASE SITE 150 - EXTENSION; (HARBOR) RECOMMENDATION: Adopt Resolution No. 47-99. A-3 RESOLUTION NO. 48-99 APPROVING A NEW FIVE-YEAR LEASE AGREEMENT WITH MORRO BAY MARINA FOR MOORING ZONE Al-4; (HARBOR) RECOMMENDATION: Adopt Resolution No. 48-99. A-4 CONSIDERATION OF FINANCING THE PURCHASE OF A POTHOLE PATCHING TRUCK; (PUBLIC SERVICES) RECOMMENDATION: Staff recommends Council: 1) approve the concept of financing the acquisition of the Asphalt Patch Truck in the 1999/00 fiscal year; 2) authorize the Finance Director to include the Asphalt Patch Truck in the equipment acquisition financing package; 3) direct the Finance Director to make any adjustments to the 1999/00 and 2000/01 fiscal year budget needed to accomplish payment of the debt; and 4) direct the Public Services • Director to develop public information for inclusion with the utility bills explaining how the interested public can financially participate in the costs of pothole repair. A-5 RESOLUTION 46-99 AMENDING 1998/99 FISCAL YEAR CAPITAL IMPROVEMENT BUDGET AND MAKING SUPPLEMENTAL APPROPRIATIONS FOR POLICE DEPARTMENT FLEET REPLACEMENT; (POLICE) RECOMMENDATION: Adopt Resolution No. 46-99. A-6 RESOLUTION NO.49-99 AUTHORIZING THE AMENDMENT TO CONTRACT 96-STBG-1021; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 49-99 approving the amendments to Contract 96-STBG-1021 to extend the expiration date to June 30, 1999. A-7 COMPLETION OF THE FRONT STREET PARKING LOT PROJECT (PW 99-01); (CAPITAL PROJECTS COORDINATOR) RECOMMENDATION: Accept the project as completed by The Sanchez • Company, and authorize the filing of the Notice of Completion. 3 • A-8 PROCLAMATION DECLARING JUNE 14 - JULY 4, 1999 AS "21 DAY SALUTE TO HONOR AMERICA' ; (ADMINISTRATION) RECOMMENDATION: Adopt proclamation. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL TO REMODEL THE EXISTING CHEVRON SERVICE STATION LOCATED AT 1798 MAIN STREET (CUP 12-98/CDP 60-98R); (PUBLIC SERVICES) RECOMMENDATION: Deny the appeal of Case No. CUP 12-98/CDP 60-98R thereby upholding the Planning Commission's decision to conditionally approve the project, subject to the adopted findings and conditions contained in the Planning Commission staff report dated April 19, 1999, and based on all oral and written testimony received. B-2 ANNUAL BUSINESS LICENSE AND COMPLIANCE REVIEW FOR PARADISE ISLAND FUN PARK LOCATED AT 231 ATASCADERO ROAD; (POLICE) • RECOMMENDATION: Conduct a public hearing regarding the annual review on the operation of the arcade at 231 Atascadero Road, and find the location has been in compliance with all pre-set conditions of operation. n U C-1 REVIEW OF INVOCATION OUTREACH PROGRAM; (COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. D-1 RESOLUTION NO. 50-99 AUTHORIZING ACTION PLAN DEMONSTRATION PROJECT GRANT PROPOSALS; (HARBOR) RECOMMENDATION: Adopt Resolution No. 50-99 authorizing submittal of two grant proposals to the Bay Foundation and Morro Bay National Estuary Program for reimbursement of a portion of City cost for the Tidelands Park boat rinse down facility, and a back bay clean-up project. 0 • D-2 AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSAL FOR CITY DOCK LESSEE (LEASE SITES 129-132/W); (HARBOR) RECOMMENDATION: Review the draft request for proposal, and direct staff accordingly. D-3 ACCEPTANCE OF LETTERS OF RESIGNATION FROM PLANNING COMMISSIONER AND COMMUNITY PROMOTIONS COMMITTEE MEMBER, AND DISCUSSION ON APPOINTMENT TO FILL VACANCIES ON THE PLANNING COMMISSION AND COMMUNITY PROMOTIONS COMMITTEE; (ADMINISTRATION) RECOMMENDATION: Staff recommends the City Council: 1) receive and accept letters of resignation from Planning Commissioner Wally McCray and Community Promotions Committee Member Nancy Barta; 2) discuss and direct staff to advertise to fill vacancies on the Planning Commission and Community Promotions Committee; and 3) select a date during the period of July 19-23, 1999 to conduct interviews. D-4 REQUEST TO AGENDIZE THE DISCUSSION OF THE PLANNING • COMMISSION'S ROLE; (COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. D-5 REQUEST TO AGENDIZE A STATUS REPORT ON THE SCENIC HIGHWAY DESIGNATION; (COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. D-6 REQUEST TO AGENDIZE THE DISCUSSION OF STATE COASTAL BIKE TRAILS IN THE MORRO BAY STATE PARK; (COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. D-7 REQUEST TO AGENDIZE THE DISCUSSION OF THE CUESTA GRADE PROJECT AND POTENTIAL TRAFFIC IMPACTS; (COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. • 5 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 - JUNE 14, 1999 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: David Cole 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 Peters and unanimously carried. (5-0) • Mayor Anderson read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54957.6: CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City 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 instructions 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 5:59 p.m. MOTION: Mayor Anderson moved the meeting be adjourned. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) The meeting adjourned at 5:59 p.m. is J • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1999 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:10 p.m. PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole Robert Schultz Bridgett Bauer Rick Algert Greg Fuz Robert Hendrix Jeff Jones Jim Koser Joe Loven Andrea Lueker Lawrence McPherson Shauna Nauman City Manager City Attorney City Clerk Harbor Director City Planner InterimPublic Works Director Fire Chief Finance Director Police Chief Recreation & Parks Director Interim Staff Engineer Interim Planning&Building Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - No reportable action was taken; Closed Session was continued to Tuesday, June 15, 1999 at 6:00 p.m. in the City Hall Conference Room. The following people expressed support for the Invocation at City Council meetings: Mary Nance, Grace Melton, James Lowry, Zona Elmore, Roger Eby, Ed Smith, Cathy Novak, Harry Rogers, Roxanne Gerber, John Baker, and Hank Roth. The following people expressed opposition for the Invocation at City Council meetings: Roger Ewing, Seth Porter, Harold Hannicanun, Shoosh Crotzer, Hilda Heifetz, Kathleen • Boyd-Agrio, Steve Mathieu, Peggy Koteen, Ellen Sturtz, and Bob Ladd. Ann Calhoun requested clarification on the invocation outreach program. 01 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1999 Hank Alberts, ACLU representative, addressed the issue of the separation of church and state by holding prayer at public meetings. Louise Barkus thanked the City and the community for supporting the grant for the May Day Center. Jim Wood addressed the poor condition of the chairs in the Veterans' Memorial Building used for public meetings. Roger Eby stated he will pay for one chair for the City's use at public meetings. Wally McCray addressed a memo received from Neil Farrell regarding the decommission of Chevron's Estero Marine Terminal. He stated Mr. Farrell notes this is a golden opportunity for the City to obtain several maritime objects with historical value to the area, and recommends the City pursue obtaining objects such as anchors and chains to display in the City. • Neil Farrell also addressed the opportunity to obtain maritime objects from Chevron. He announced the need for volunteers and funding for the 4`s of July festivities. FJ Nancy Castle stated the "Every 15 Minutes Program" has been aired for the past five days on Channel 54. Cathy Novak announced the local fishermen have signed an agreement with Global Crossing for the proposed fiber optic cable project. Paul Twedt addressed the 4t' of July activities and requested donations. He also shared the world-wide web address for Channel 54 for programming information. Harry Rogers stated the Front Street Parking Lot Project has caused a drainage problem onto his property and requested the City resolve this situation. Mayor Anderson asked staff about the chairs used at the Veterans' Memorial Building. Recreation & Parks Director Andrea Lueker responded money has been budgeted and chairs should arrive shortly after the new fiscal year. K • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1999 Mayor Anderson asked staff about the maritime objects available through Chevron. Harbor Director Rick Algert responded staff will check on the availability of these maritime items. He said it will require some public hearings on the placement of the anchors. Interim Public Services Director Robert Hendrix stated acquiring and storing these items at the City's maintenance yard is not a problem. Mayor Anderson asked staff about the drainage situation at the Front Street Parking Lot. Mr. Hendrix responded he will look into the matter and respond to the property owner. Councilmember Peters requested the discussion of arranging one-on-one meetings with each advisory board and commission. Councilmember Elliott and Mayor Anderson allocated the remainder of their discretionary funds to the teen center. 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 24, 1999, AND BUDGET MEETINGS OF MAY 27, 1999 AND JUNE 2, 1999; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 47-99 APPROVING A ONE-YEAR LEASE AGREEMENT FOR LEASE SITE 150 - EXTENSION; (HARBOR) RECOMMENDATION: Adopt Resolution No. 47-99. A-3 RESOLUTION NO. 48-99 APPROVING A NEW FIVE-YEAR LEASE AGREEMENT WITH MORRO BAY MARINA FOR MOORING ZONE Al-4; (HARBOR) 0, RECOMMENDATION: Adopt Resolution No. 48-99. 11 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1999 A-4 CONSIDERATION OF FINANCING THE PURCHASE OF A POTHOLE PATCHING TRUCK; (PUBLIC SERVICES) RECOMMENDATION: Staff recommends Council: 1) approve the concept of financing the acquisition of the Asphalt Patch Truck in the 1999/00 fiscal year; 2) authorize the Finance Director to include the Asphalt Patch Truck in the equipment acquisition financing package; 3) direct the Finance Director to make any adjustments to the 1999/00 and 2000/01 fiscal year budget needed to accomplish payment of the debt; and 4) direct the Public Services Director to develop public information for inclusion with the utility bills explaining how the interested public can financially participate in the costs of pothole repair. A-5 RESOLUTION 46-99 AMENDING 1998/99 FISCAL YEAR CAPITAL IMPROVEMENT BUDGET AND MAKING SUPPLEMENTAL APPROPRIATIONS FOR POLICE DEPARTMENT FLEET REPLACEMENT; • (POLICE) RECOMMENDATION: Adopt Resolution No. 46-99. A-6 RESOLUTION NO. 49-99 AUTHORIZING THE AMENDMENT TO CONTRACT 96-STBG-1021; (PUBLIC SERVICES) C� RECOMMENDATION: Adopt Resolution No. 49-99 approving the amendments to Contract 96-STBG-1021 to extend the expiration date to June 30, 1999. A-7 COMPLETION OF THE FRONT STREET PARKING LOT PROJECT (PW 99- 01); (CAPITAL PROJECTS COORDINATOR) RECOMMENDATION: Accept the project as completed by The Sanchez Company, and authorize the filing of the Notice of Completion. A-8 PROCLAMATION DECLARING JUNE 14 - JULY 4, 1999 AS "21 DAY SALUTE TO HONOR AMERICA' ; (ADMINISTRATION) RECOMMENDATION: Adopt proclamation. 5 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1999 Councilmember Peters pulled Item A -I from the Consent Calendar; Councilmember Crotzer pulled Item A-5; and Mayor Anderson pulled Item A-8. MOTION: Councilmember Elliott moved the City Council approve the Consent Calendar with the exception of Items A-1, A-5, and A-8. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF MAY 24, 1999, AND BUDGET MEETINGS OF MAY 27, 1999 AND JUNE 2, 1999; (ADMINISTRATION) Councilmember Peters made a correction to the minutes of May 24, 1999, page 4; correction noted and made by the City Clerk. Councilmember Crotzer made a correction to the minutes of June 2, 1999, page 3; correction noted and made by the City Clerk. • 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-5 RESOLUTION 46-99 AMENDING 1998/99 FISCAL YEAR CAPITAL IMPROVEMENT BUDGET AND MAKING SUPPLEMENTAL APPROPRIATIONS FOR POLICE DEPARTMENT FLEET REPLACEMENT; (POLICE) Councilmember Crotzer addressed the appropriate use of City funds that serves the residents of Morro Bay. He requested staff clarification of the Police Department Fleet Replacement Program. City Manager David Cole responded the staff report shows the Police Department's twelve-year plan for a gradual fleet reduction. He stated an additional part-time mechanic will assist in the repair of City vehicles. Police Chief Loven stated the vehicles needed to be replaced this year have high mileage and need extensive repair. • Councilmember Peters asked about funding of the fleet replacement. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1999 Finance Director Jim Koser responded the gas franchise money received by the City is an opportunity to assist in the Police Department Fleet Replacement Program. MOTION: Councilmember Peirce moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (4-0) Councilmember Elliott was not present for the vote. A-8 PROCLAMATION DECLARING JUNE 14 - JULY 4, 1999 AS "21 DAY SALUTE TO HONOR AMERICA' ; (ADMINISTRATION) 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 presented the Proclamation to representatives of the Morro Bay Women's Club. Mayor Anderson called for a break at 7:53 p.m.; the meeting resumed at 8:05 p.m. ��lij 3�[�:I�7It,►[e��.i�7ZiT.1�K�' : ' ' ::: B-1 APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL TO REMODEL THE EXISTING CHEVRON SERVICE STATION LOCATED AT 1798 MAIN STREET (CUP 12-98/CDP 60-98R); (PUBLIC SERVICES) City Planner Greg Fuz reviewed the appeal made by Gary Gillman of a decision of the Planning Commission conditionally approving a Conditional Use Permit and Coastal Development Permit to remodel the existing, non -conforming Chevron service station with a new facade, canopy, landscaping and construct an addition of 801 square feet for retail sales (including the sale of alcoholic beverages). He stated the appellant cites several instances when the City required other businesses to remove existing pole signs or prohibited installation of new pole signs, including the Chevron Station at the comer of Beach and Main Street, and noted the appellant finds the pole sign ordinance should be the same for every business in Morro Bay. Mr. Fuz recommended the City Council deny the appeal of Case No. CUP 12-98/CDP 60-98R thereby upholding the Planning • Commission's decision to conditionally approve the project, subject to the adopted findings and conditions contained in the Planning Commission staff report dated April 19, 1999, and based on all oral and written testimony received. 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1999 Frank Henderson, F.L. Henderson & Associates, representing the applicant for this project reviewed the proposed plans for this project. Gary Gillman, appellant, stated he is not opposed to the remodel of this site; however, he is opposed to the pole sign approved for this site, which he said is inconsistent with what is allowed throughout the City. Mayor Anderson opened the hearing for public comment. John Barta, Chairman of the Planning Commission, stated he is available to answer questions. Harry Rogers stated a pole sign is beneficial to those traveling along the highway, especially at night. Mayor Anderson closed the public comment hearing. • Councilmember Elliott stated signage should be consistent City-wide. Councilmember Crotzer agreed with Councilmember Elliott, and said pole signs should be eliminated throughout the City. Councilmember Peters stated the purpose of the existing sign ordinance allows for an amount of signage per square foot of the business. She said the sign ordinance is in review by the Planning Commission, and she supports denial of the appeal. Councilmember Peirce stated a pole sign near the highway is appropriate, but a monument sign is appropriate in the downtown area. Mayor Anderson stated the location of a sign does make a difference. He said he supports denial of the appeal. MOTION: Mayor Anderson moved the City Council deny the appeal of Case No. CUP 12-98/CDP 60-98R thereby upholding the Planning Commission's decision to conditionally approve the project, subject to the adopted findings and conditions contained in the Planning Commission staff report dated April 19, 1999, and based on all oral and written testimony received. • The motion was seconded by Councilmember Peters and carried with Councilmember Crotzer and Councilmember Elliott voting no. (3-2) E • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1999 B-2 ANNUAL BUSINESS LICENSE AND COMPLIANCE REVIEW FOR PARADISE ISLAND FUN PARK LOCATED AT 231 ATASCADERO ROAD; (POLICE) Police Chief Joe Loven stated Morro Bay Municipal Code Section 5.40.330 requires that a noticed public hearing be held by the City Council prior to an annual business license renewal for an arcade. He said the hearing is to insure that previously set conditions for operating the arcade have been complied with by the business, and requires the Chief of Police to prepare a report on any violation(s) of the conditions, or other law enforcement problems which the Council may warrant the suspension or revocation of the business license for that location. Chief Loven stated the current business at 231 Atascadero Road, Paradise Island Fun Park, has been operating in full compliance with the approved conditions and has not been a law enforcement problem since opening in July 1997. He recommended the City Council conduct a public hearing regarding the annual review on the operation of the arcade at 231 Atascadero Road, and find the location has been in compliance with all pre-set conditions of operation. • Mayor Anderson opened the hearing for public comment. Harry Rogers stated this is a well run business and the code should be changed to discontinue this annual review. Mayor Anderson closed the public comment hearing. The City Council received this report and public testimony, and found this business has been in compliance with all pre-set conditions of operation. C-1 REVIEW OF INVOCATION OUTREACH PROGRAM; (COUNCIL) Mayor Anderson presented this item in accordance with Council's request for a six- month review which was requested by the City Council on December 14, 1998. He said with the support of Council he would like to continue with the Invocation Outreach Program. Councilmember Peters stated she believes prayer is personal, and with the Moment of • Silence, it is a time of personal prayer in a positive manner. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1999 Councilmember Peirce stated it is appropriate for a governmental body to hold prayer, and he supports continuing it. Councilmember Crotzer stated it only takes one person who might be uncomfortable with public prayer to not continue with it. He said he opposes public prayer, and supports re- establishing the Moment of Silence. Councilmember Elliott stated invocation at a government meeting is historical. He said too much time has been spent on this issue, and he supports maintaining prayer. The consensus of the City Council was to maintain the Invocation Outreach Program. This was a review of this issue, and no action was necessary. Mayor Anderson called for a break at 9:23 p.m.; the meeting resumed at 9:35 p.m. L ►1avv/alal\I Y.y • D-1 RESOLUTION NO. 50-99 AUTHORIZING ACTION PLAN DEMONSTRATION PROJECT (APDP) GRANT PROPOSALS; (HARBOR) n LJ Harbor Director Rick Algert stated the City, in partnership with the Bay Foundation, is proposing two grant demonstration projects for remaining APDP funds in the National Estuary Program. He said if funds can be made available, the City will receive $3,885 for reimbursement of the City's recently completed boat rinse down station at the Tidelands Park boat launch ramp area, and $8,000 to administer a back bay clean-up project scheduled for this summer. Mr. Algert recommended the City Council adopt Resolution No. 50-99 authorizing submittal of two grant proposals to the Bay Foundation and Morro Bay National Estuary Program for reimbursement of a portion of City cost for the Tidelands Park boat rinse down facility, and a back bay clean-up project. MOTION: Councilmember Crotzer moved the City Council adopt Resolution No. 50- 99 authorizing submittal of two grant proposals to the Bay Foundation and Morro Bay National Estuary Program for reimbursement of a portion of City cost for the Tidelands Park boat rinse down facility, and a back bay clean-up project. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) 10 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1999 D-2 AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSAL FOR CITY DOCK LESSEE (LEASE SITES 129-132/W); (HARBOR) Harbor Director Rick Algert stated this item is for City Council information regarding the Request for Proposal (RFP) for the City dock lessee for Lease Sites 129W-132W. He said when the City executes a lease with a proposed new lessee, annual rent revenue to the Harbor Fund will increase by $10,075. Mr. Algert recommended the City Council review the draft RFP. This was an informational item and no action was taken. D-3 ACCEPTANCE OF LETTERS OF RESIGNATION FROM PLANNING COMMISSIONER AND COMMUNITY PROMOTIONS COMMITTEE MEMBER, AND DISCUSSION ON APPOINTMENT TO FILL VACANCIES ON THE PLANNING COMMISSION AND COMMUNITY PROMOTIONS COMMITTEE; (ADMINISTRATION) • City Manager David Cole requested the City Council receive and accept letters of resignation from Planning Commissioner Wally McCray effective June 30, 1999, and Community Promotions Committee Member Nancy Barta effective immediately. He also requested the City Council direct staff to advertise these vacancies in the Sun Bulletin, and select a date in the third week of July to hold interviews. The consensus of the City Council was to hold interviews on Thursday, July 22, 1999 at 7:00 p.m. in the City Hall Conference Room. D-4 REQUEST TO AGENDIZE THE DISCUSSION OF THE PLANNING COMMISSION'S ROLE; (COUNCIL) Councilmember Peirce requested this item be agendized for discussion at the May 24, 1999 City Council meeting. The consensus of the City Council was to hold a joint meeting with the Planning Commission on July 27, 1999 at 7:00 p.m. u • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1999 D-5 REQUEST TO AGENDIZE A STATUS REPORT ON THE SCENIC HIGHWAY DESIGNATION; (COUNCIL) Councilmember Crotzer requested this item be agendized for discussion at the May 24, 1999 City Council meeting. Interim Planning & Building Director Shauna Nauman reported she will be going to a related meeting in Sacramento on June 18, 1999, and will report to the City Council on the status of the Scenic Highway Designation. No further action was taken on this item. D-6 REQUEST TO AGENDIZE THE DISCUSSION OF STATE COASTAL BIKE TRAILS IN THE MORRO BAY STATE PARK; (COUNCIL) Councilmember Crotzer requested this item be agendized for discussion at the May 24, • 1999 City Council meeting. Councilmember Crotzer stated he and Councilmember Elliott met with the Regional Director of State Parks and San Luis Obispo Council of Governments representatives to discuss state coastal bike trails in the Morro Bay State Park. He stated they would like to host a public hearing at a future City Council meeting to receive information on what is proposed for these bike trails. No further action was taken on this item. D-7 REQUEST TO AGENDIZE THE DISCUSSION OF THE CUESTA GRADE PROJECT AND POTENTIAL TRAFFIC IMPACTS; (COUNCIL) Councilmember Peters requested this item be agendized for discussion at the May 24, 1999 City Council meeting. She said she would like some clarification of what impacts may occur during the process of this project. Interim Public Services Director Bob Hendrix stated Cal Trans performed an Environmental Impact Report (EIR) for the Cuesta Grade highway project. He said he will attempt to find out what impacts were found in the EIR, and what mitigations are proposed by Cal Trans. • No further action was taken on this item. 12 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 14, 1999 F. ADJOURNMENT The meeting adjourned at 10:37 p.m. Recorded by: \ `8kMILk/ Bridgett auer City Clerk • n �J 13 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Closed Session Meeting on Wednesday, June 2, 1999 at 5:00 p.m. to be held in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be discussing 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 instructions to the Designated Representative. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. DATED: May 28, 1999 • MINUTES - MORRO BAY CITY COUNCIL BUDGET WORKSHOP - JUNE 2, 1999 COMMUNITY CENTER, MULTI PURPOSE ROOM - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m. PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole Rick Algert Joy Elliott Bob Hendrix Jeff Jones Bruce Keogh Jim Koser Joe Loven Andrea Lueker Lawrence McPherson City Manager Harbor Director Police Dept. Support Services Mgr. Interim Public Services Director Fire Chief Wastewater Treatment Plant Mgr. Finance Director Police Chief Recreation & Parks Director Interim Staff Engineer The following non-profit organization representatives addressed Council regarding funding requests: Jim Levy, Family Service Center Mike Fossenberg, Hotline of San Luis Obispo County Michael Morton, Director of Homeless Services Economic Opportunity Commission (EOC) Wanda McFarlane, Caring Callers Bill Jackson, Estero Bay Youth Coalition Janice Wolf, EOC Senior Health Screening Program Martha Nichols, Senior Nutrition Program for San Luis Obispo County City Manager David Cole gave a brief overview of the proposed budget. Councilmember Peters suggested placing a $1,000 cap to any one agency in order to donate to more agencies. Councilmember Crotzer stated he does not support the $1,000 cap, and would rather support raising funds for aid to agencies. Councilmember Elliott stated Council should provide full funds to those who rely strictly on local funding, and maintain the three EOC funds at the same level, but emphasize local agencies. He does not support the placement of a cap on funding. Councilmember Peirce stated he would prefer to determine the value that agencies provide service to our community. He also said he does not support placement of a cap on funding. Mayor Anderson stated all the agencies provide some benefit to our community, some are more focused on our residents and perhaps should receive more consideration. He suggested allotting $15,000 total for agencies. • Councilmember Crotzer suggested eliminating funding for Red Cross and adding that funding to MayDay. Mayor Anderson suggested staff's recommendation for funding to agencies, and reallocating the Red Cross funds to MayDay. MOTION: Councilmember Crotzer moved the City Council approve staff's recommendation for Aid to Agency funding, except by deleting the Red Cross funds and dividing those funds in half and reallocate them to MayDay and the Senior Nutrition Program. The motion was seconded by Mayor Anderson and carried unanimously. (5-0) Mayor Anderson called for a break at 7:05 p.m.; the meeting resumed at 7:20 p.m. Finance Director Jim Koser gave a presentation on the following Enterprise Funds: A) Harbor Fund B) Water Revenue Fund C) Wastewater Collection Fund D) Transit Fund E) Wastewater Treatment Fund F) Capital Improvement Projects COUNCIL DISCUSSION 2 Mayor Anderson stated he is in support of the Chamber of Commerce request for funding. Councilmember Elliott asked if it is necessary to increase the animal control service agreement from $15,000 to $19,000. Chief Loven said that with a full service contract the County will respond to loose animals. Councilmember Crotzer stated there is no evidence that the VCB tourism advertising actually benefits the City. He said he supports the local Chamber of Commerce funding request. Councilmember Crotzer also stated internet advertising can be beneficial. Councilmember Peters stated the VCB promotes filming, and the City has had more commercial filming in recent years. She said if the City does not contract with the VCB, they may have employee lay-offs or close down. Councilmember Elliott stated he has rarely seen ads for Morro Bay in publications, and said he would rather support the Chamber of Commerce with extra funding. Councilmember Peirce stated he does not know the value of the VCB advertising; however, the City does get foreign visitors. • MOTION: Mayor Anderson moved the City Council approve funding $40,000 for the VCB in the first year, and $40,000 in the second year; and to approve funding $84,624 for the Chamber of Commerce in the first year and $91,816 in the second year. The motion was seconded by Councilmember Peters and carried with Councilmember Crotzer voting no. (4-1) Councilmember Crotzer discussed augmented funds for run-off into the bay, long term design to impreve remove pollution in the bay, and also reducing standards in order to allow sidewalks to be more cost effective. Councilmember Elliott stated he would prefer to wait on hiring an additional mechanic. Interim Staff Engineer Larry McPherson stated the City needs an additional half-time mechanic in order to cover the work load, and an additional full-time mechanic would allow for additional work load. Council finalized by giving direction to staff. The meeting adjourned at 9:26 p.m. 3 .0- NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be discussing the 1999/01 Fiscal Year Budget at Budget Workshops held on the following dates: • Thursday, May 27,1999 at 6:00 p.m. • Wednesday, June 2,1999 at 6:00 p.m. These workshops will be held at the Community Center in the Multi Purpose 40 Room, 1001 Kennedy Way, Morro Bay, California. DATED: May 20, 1999 Bridgett Muer, City Clerk E MINUTES - MORRO BAY CITY COUNCIL BUDGET WORKSHOP - MAY 27, 1999 COMMUNITY CENTER, MULTI PURPOSE ROOM - 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: David Cole Rick Algert Jeff Jones Jim Koser Joe Loven Andrea Lueker Lawrence McPherson Shauna Nauman ESTABLISH QUORUM AND CALL TO ORDER City Manager Harbor Director Fire Chief Finance Director Police Chief Recreation & Parks Director Interim Staff Engineer Interim Planning&Building Director MAYOR'S REPORTS & ANNOUNCEMENTS - None. •uu John Barta announced the Yards and Neighbors brochure is now in video format and will be shown on Channel 54. He also stated the Planning Commission would like funds in the proposed budget for the Commission to attend the Annual League of California Cities Local Planning Conference. City Manager Dave Cole gave a brief synopsis of the proposed budget. Finance Director Jim Koser gave an overview of the proposed budget for fiscal years 1999/01. He said with two-year estimates, next year's budget should be easier to develop. Mr. Koser recommended the City Council adopt the fiscal year 1999/00 budget, and conceptually approve the fiscal year 2000/01 budget. LI MINUTES - MORRO BAY CITY COUNCIL BUDGET WORKSHOP - MAY 27, 1999 Mr. Koser showed a slide presentation of revenue trends, proposed capital equipment purchases, and a line -of -credit method of financing certain capital items. He said the General Fund total revenues are $7,685,238 for fiscal year 1999/00. Mr. Koser noted Gas Franchise Fees are now paid to the City because Duke Energy buys gas from PG&E for the power plant. Mr. Koser showed a pie chart displaying the proposed expenditures. He said remaining issues for Council to consider are funds for the Community Promotions Committee, Chamber of Commerce, and the San Luis Obispo County Visitors Conference Bureau. Mayor Anderson called for a break at 7:58 p.m.; the meeting resumed at 8:07 p.m. :- . •��u _ �:.u-• • •emu r - :.• :. • Community Promotions Committee representative Ed Biaggini requested $6,000 be funded in the fiscal year 1999/00 budget for new Morro Bay brochures and requested $5,000 be funded in the fiscal year 2000/01 in order to re -do the City billboard. Mr. Biaggini stated the Visitors Center has increased demands, so some of the promotions line items reflect additional costs to meet the service demands. He noted the web site will result in even more demand. San Luis Obispo County Visitors and Conference Bureau (VCB) Executive Director Jonni Biaggini handed out budget information, a newspaper article from the Los Angeles area and a magazine article from Texas regarding the Central Coast. She also discussed the handout describing the VCB's request for an increase in funding from $35,500 to $45,000. Mr. Koser stated Council will meet again on Wednesday, June 2, 1999 to discuss the Enterprise Funds and to review the proposed General Fund budget in detail. F"D 1618JA►lu1901 The meeting adjourned at 8:32 p.m. • 2 • • City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public, REGULAR MEETING - MAY 24,1999 CLOSED SESSION - MAY 24,1999 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA Proper : Negotiating Parties: Negotiations: Proper : Negotiating Parties: Negotiations: Property: Negotiating Parties: Negotiations: Vacant Lot/Comer of Morro & Harbor Hartzell Family and City of Morro Bay Voluntary Purchase and Sale. Vacant Lot/Comer of Main & Driftwood Garris and City of Morro Bay Voluntary Purchase and Sale. Lots/Monterey & Harbor Jorge Family and City of Morro Bay Voluntary Purchase and Sale. 1 Iliem 31 a:4 X174,1.,40 11210111:4210)_► Laic DOMENGHINI Y. CITY OF MORRO BAY. SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV 980400 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 instructions to the Designated Representative. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. • PUBLIC SESSION - MAY 24,1999 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. 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 10, 1999; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT - APRIL 1999; (FINANCE) RECOMMENDATION: Receive for information. • A-3 EXPENDITURE REPORT - APRIL 1999; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 SET PUBLIC HEARING FOR PROPOSITION 4 LIMIT FOR FISCAL YEAR • 1999/00; (FINANCE) RECOMMENDATION: Set June 28,1999 as the date for a public hearing on the 1999/00 appropriation limits for the proceeds of taxes. A-5 APPROVAL OF SETTLEMENT AGREEMENT IN DOMENGHINI V. CITY OF MORRO BAY; (CITY ATTORNEY) RECOMMENDATION: Approve the settlement agreement and purchase of the Domenghini parcel for off -site wetlands mitigation associated with the current bike path/blending pipeline segment project. A-6 RESOLUTION NO. 41-99 AWARDING CONTRACT FOR MAIN STREET BIKE PATH/BLENDING LINE - PHASE I; (CAPITAL PROJECTS COORDINATOR) RECOMMENDATION: Adopt Resolution No. 41-99 awarding the project contract to Souza Construction, Inc. in the amount of $323,390. A-7 RESOLUTION NO. 44-99 AWARDING CONTRACT TO PURCHASE ONE NEW TROLLEY; (PUBLIC SERVICES) • RECOMMENDATION: Adopt Resolution No. 44-99 awarding a contract to Molly Corporation in the amount of $100,004.63. A-8 RESOLUTION NO. 40-99 APPROVING CALTRANS STATE MASTER AGREEMENT; (CAPITAL PROJECTS COORDINATOR) RECOMMENDATION: Adopt Resolution No. 40-99. A-9 STATUS REPORT ON PARKING IN -LIEU FUND; (FINANCE) RECOMMENDATION: Receive for information. A-10 RESOLUTION NO. 39-99 AUTHORIZING REWARD FOR ARREST/ CONVICTION OF VANDALS TO CITY/SCHOOL PROPERTY; (POLICE) RECOMMENDATION: Adopt Resolution No. 39-99. A-11 PROCLAMATION DECLARING MAY 1999 AS "CLEAN AIR MONTH" IN SAN LUIS OBISPO COUNTY; (ADMINISTRATION) • RECOMMENDATION: Adopt Proclamation. 3 • A-12 PROCLAMATION DECLARING THE WEEK OF MAY 22-28, 1999 AS "NATIONAL SAFE BOATING WEEK'; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. A-13 RESOLUTION NO. 45-99 AUTHORIZING THE CITY MANAGER TO EXTEND THE CONTRACT FOR THE INTERIM PUBLIC SERVICES DIRECTOR; (PERSONNEL) RECOMMENDATION: Adopt Resolution No. 45-99. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 RESOLUTION NO. 42-99 APPROVING THE ENGINEERS REPORT AND DECLARING THE INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 42-99. B-2 RESOLUTION NO. 43-99 APPROVING THE ENGINEERS- 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. 43-99. C. UNFINISHED BUSINESS C-1 UPDATE ON Y2K ISSUES RELATED TO THE CITY; (FINANCE) RECOMMENDATION: Accept this report and direct staff to provide a further update no later than September 1999. 1101el1VATA IW-1lei C .y D-1 CONSIDERATION OF HIRING A CABLE CONSULTANT TO AID THE CITY IN CABLE FRANCHISE RENEWAL; (PUBLIC SERVICES) RECOMMENDATION: Consider the following: 1) hire Telecommunications Management Corp. to a) conduct a franchise fee audit; b) perform a technical evaluation of the cable system; c) prepare a draft of the new franchise agreement and cable ordinance, including preparing the final • franchise agreement and cable ordinance; d) assist the City in negotiations with Charter Communications; and 2) appropriate $34,000 in the fiscal year 1999/00 budget to compensate the selected cable consultant. 4 • D-2 DISCUSSION ON THE 4TH OF JULY FIREWORKS; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. D-3 UPDATE ON THE FAIR POLITICAL PRACTICES BROWN ACT PROCEDURES; (CITY ATTORNEY) RECOMMENDATION: Receive for information. D-4 DISCUSSION ON CANCELLATION OF AUGUST 9, 1999 CITY COUNCIL MEETING RECOMMENDATION: Discuss and direct staff accordingly. MINEF-VowalwRink3l'431"� • 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. F1 • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - MAY 24, 1999 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: David Cole City Manager Robert Schultz City Attorney Rick Algert Harbor Director 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. lml�- ► e ► �► :�' ` �: _ IT • Property: Vacant Lot/Comer of Morro & Harbor Negotiating Parties: Hartzell Family and City of Morro Bay Negotiations: Voluntary Purchase and Sale. • Property Vacant Lot/Comer of Main & Driftwood Negotiating Parties: Gams and City of Morro Bay Negotiations: Voluntary Purchase and Sale. • Property: Lots/Monterey & Harbor Negotiating Parties: Jorge Family and City of Morro Bay Negotiations: Voluntary Purchase and Sale. • • DOMENGL= V. CITY OF MORRO BAY. SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV 980400 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 instructions to the Designated Representative. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:55 p.m. MOTION: Councilmember Peters moved the meeting be adjourned. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) The meeting adjourned at 5:55 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24,1999 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: David Cole Robert Schultz Bridgett Bauer Rick Algert Bill Boucher Robert Hendrix Jeff Jones Jim Koser Joe Loven Andrea Lueker Lawrence McPherson City Manager City Attorney City Clerk Harbor Director Capital Projects Coordinator InterimPublic Services Director Fire Chief Finance Director Police Chief Recreation & Parks Director Interim Staff Engineer 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24,1999 ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - No reportable action was taken by the City Council. Nick Mendoza emphasized the importance of the City's participation in the 4th of July festivities. Roger Ewing requested Council's consideration of funding for the videocasting of all Brown Act meetings. Bob Doyle, representing the Eagles Lodge, made a contribution to the 4th of July festivities. • Emily House invited the public to a benefit being held on the Tiger's Folly to raise money for the DeGroot Home for disabled children. Suedene Walker, Morro Bay Chamber of Commerce, stated the contract has been signed for the fireworks display. She said they have collected $8,000 of the needed $20,000 and requested donations for the 4th of July festivities. Dave Gustafson stated it will be important to collect the funds for the fireworks display by June 30th or it may be canceled. He also requested donations be made to support these festivities. Jim Wood gave thanks to the Public Services Department for assisting in turning off the water at a sheared -off fire hydrant. Steve Mathieu thanked Charter Communications for their efforts in providing air time for the "Endeavor" visit. He also requested donations for the 4th of July fireworks. Meredith Bates thanked the City for their efforts in providing bike lanes in the City. She also addressed the proposal of a cable franchise consultant and encouraged community input. • Paul Twedt, Jr. encouraged donations and participation in the 4th of July festivities. Mayor Anderson closed the public comment hearing. 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24,1999 The following Councilmembers offered contingency funds towards the 4th of July fireworks as follows: Mayor Anderson offered $750; Councilmember Peters offered $100; Councilmember Peirce offered $500; Councilmember Elliott offered $750, and also stated he will donate the difference of his donations from last year from his personal fund. Councilmember Peirce requested the discussion relating to the Planning Commission's role be agendized. Councilmember Elliott Peters requested discussion on the potential traffic impact due to the proposed Cuesta Grade project be agendized. • Councilmember Crotzer requested a status report on the Scenic Highway Designation, and also discussion on State Coastal Bike Trails in the Morro Bay State Park be agendized. 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 10, 1999; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT - APRIL 1999; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - APRIL 1999; (FINANCE) • RECOMMENDATION: Approve as submitted. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24,1999 A-4 SET PUBLIC HEARING FOR PROPOSITION 4 LIMIT FOR FISCAL YEAR 1999/00; (FINANCE) RECOMMENDATION: Set June 28, 1999 as the date for a public hearing on the 1999/00 appropriation limits for the proceeds of taxes. A-5 APPROVAL OF SETTLEMENT AGREEMENT IN DOMENGHINI V. CITY OF MORRO BAY; (CITY ATTORNEY) RECOMMENDATION: Approve the settlement agreement and purchase of the Domenghini parcel for off -site wetlands mitigation associated with the current bike path/blending pipeline segment project. A-6 RESOLUTION NO. 41-99 AWARDING CONTRACT FOR MAIN STREET BIKE PATHBLENDING LINE - PHASE I; (CAPITAL PROJECTS • COORDINATOR) RECOMMENDATION: Adopt Resolution No. 41-99 awarding the project contract to Souza Construction, Inc. in the amount of $323,390. A-7 RESOLUTION NO. 44-99 AWARDING CONTRACT TO PURCHASE ONE NEW TROLLEY; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 44-99 awarding a contract to Molly Corporation in the amount of $100,004.63. A-8 RESOLUTION NO. 40-99 APPROVING CALTRANS STATE MASTER AGREEMENT; (CAPITAL PROJECTS COORDINATOR) RECOMMENDATION: Adopt Resolution No. 40-99. A-9 STATUS REPORT ON PARKING IN -LIEU FUND; (FINANCE) RECOMMENDATION: Receive for information. A-10 RESOLUTION NO. 39-99 AUTHORIZING REWARD FOR ARREST/ CONVICTION OF VANDALS TO CITY/SCHOOL PROPERTY; (POLICE) • RECOMMENDATION: Adopt Resolution No. 39-99. 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24,1999 A-11 PROCLAMATION DECLARING MAY 1999 AS "CLEAN AIR MONTH" IN SAN LUIS OBISPO COUNTY; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. A-12 PROCLAMATION DECLARING THE WEEK OF MAY 22-28, 1999 AS "NATIONAL SAFE BOATING WEEK"; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. A-13 RESOLUTION NO. 45-99 AUTHORIZING THE CITY MANAGER TO EXTEND THE CONTRACT FOR THE INTERIM PUBLIC SERVICES DIRECTOR; (PERSONNEL) RECOMMENDATION: Adopt Resolution No. 45-99. • Councilmember Peters pulled Item A-1 from the Consent Calendar; and Councilmember Elliott pulled Item A- 10. MOTION: Councilmember Peters moved the City Council approve the Consent Calendar with the exception of Items A-1 and A-10. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF MAY 10, 1999 Councilmember Peters made a correction to page 6 of the May 10, 1999 minutes; Council concurred. MOTION: Councilmember Peters moved the City Council approve Item A-1 of the Consent Calendar as amended. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-10 RESOLUTION NO. 39-99 AUTHORIZING REWARD FOR ARREST/ CONVICTION OF VANDALS TO CITY/SCHOOL PROPERTY Councilmember Elliott requested staff present this item for public information. Chief is Officer introduced Julie Collins, Dean of Students at Morro Bay High School, Police Officer Robert Hufstetter, and Chuck Rose, volunteer for the Police Department, who reported on the vandalism and graffiti that is taking place in the City. Wayne Trost, representing Crime Stoppers in San Luis Obispo County, addressed how Crime Stoppers 6 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24,1999 is involved in the resolving situations such as public vandalism. Chief Loven recommended Council support this program by adopting Resolution No. 39-99 authorizing the reward for arrest and/or conviction of vandals to City and school property. MOTION: Councilmember Elliott moved the City Council approve Item A-10 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) B-1 RESOLUTION NO. 42-99 APPROVING THE ENGINEERS REPORT AND DECLARING THE INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) Recreation & Parks Director Andrea 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. She said 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 from the current fiscal year. Ms. Lueker stated that based on the Engineers Report, which estimates the annual cost of maintaining the North Point Natural Area for the upcoming fiscal year, the fiscal impact is estimated at $5,645. She said these costs will be offset by the collection of an assessment for the same amount from the parcel owners in the North Point Subdivision. Ms. Lueker recommended the City Council adopt Resolution No. 42-99 approving the Engineers Report and declaring the intent to levy the annual assessment for the North Point Natural Area Landscaping and Lighting Maintenance Assessment District. Mayor Anderson opened the hearing for public comment; there were no comments, and the public comment hearing was closed. MOTION: Councilmember Crotzer moved the City Council adopt Resolution No. 42-99 approving the Engineers Report and declaring the intent to levy the annual assessment for the North Point Natural Area Landscaping and Lighting Maintenance Assessment District. The motion was seconded by Councilmember Peters and carried with Councilmember Elliott voting no. • (4-1) 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24,1999 B-2 RESOLUTION NO. 43-99 APPROVING THE ENGINEERS REPORT AND DECLARING THE INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated as part of the annual assessment process, staff is required to provide an Engineers Report, which is an estimate of costs for maintenance of the Cloisters Park and Open Space. She said the cost estimates are based on the maintenance standards currently adhered to in the existing parks within Morro Bay and included in the Flat Rate Manual for Parks Maintenance, as well as maintenance costs from the current fiscal year. Ms. Lueker stated that based on the Engineers Report, which estimates the annual cost of maintaining the Cloisters Park and Open Space for the upcoming fiscal year, the fiscal impact is estimated at $148,944. She said these costs will be offset by the collection of an assessment for the same amount from the parcel owners in the Cloisters Subdivision. Ms. Lueker recommended the City Council adopt Resolution No. 43-99 approving the Engineers Report and declaring the intent to levy the • annual assessment for the Cloisters Landscaping and Lighting Maintenance Assessment District. Mayor Anderson opened the hearing for public comment. Harry Rogers expressed opposition to forcing this fee on taxpayers. Mayor Anderson closed the public comment hearing. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 43-99 approving the Engineers Report and declaring the intent to levy the annual assessment for the Cloisters Landscaping and Lighting Maintenance Assessment District. The motion was seconded by Mayor Anderson and carried with Councilmember Elliott voting no. (4-1) Mayor Anderson called for a break at 7:20 p.m.; the meeting resumed at 7:35 p.m. 1►_ Ik .._1 : _ 1►__ C-1 UPDATE ON Y2K ISSUES RELATED TO THE CITY; (FINANCE) • Finance Director Jim Koser stated this report is intended to inform the City Council of staff s activities since the last report in February of this year. He said staff activities have been focused on establishing accountability, increasing awareness of Y2K issues, and planning for the possibility of a power failure lasting more than 24 hours and threatening 8 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24,1999 our ability to provide potable water services to customers. Mr. Koser stated staff believes that these efforts will position the City to respond appropriately to reasonable expected problem scenarios. He said another update will be provided to the City Council in September of this year, and in the interim, staff may bring forward funding requests for necessary purchases to continue our efforts to be Y2K ready. Fire Chief Jeff Jones reported on the preparation of the Emergency Operations Center. Interim Public Services Director Bob Hendrix addressed the City's water service delivery system in the event of a protracted loss of electric power. Council received this report for information, and directed staff to return with another update in September of this year. • D-1 CONSIDERATION OF HIRING A CABLE CONSULTANT TO AID THE CITY IN CABLE FRANCHISE RENEWAL; (PUBLIC SERVICES) InterimPublic Services Director Robert Hendrix stated the cable franchise renewal process generally involves an examination of past performance of the current cable operator, an exploration of future community telecommunication needs and interests, and a negotiation process that results in a new cable ordinance and franchise agreement. Mr. Hendrix stated in mid -March, staff sent a letter to eight cable/communications companies to solicit proposals for cable franchise renewal services. He said two proposals were received from the following companies: Telecommunications Management Corporation (TMC) of Los Angeles, and Dr. Barry Orton of Madison, Wisconsin. Mr. Hendrix recommended the City Council consider the following: 1) hire Telecommunications Management Corp. to a) conduct a franchise fee audit; b) perform a technical evaluation of the cable system; c) prepare a draft of the new franchise agreement and cable ordinance, including preparing the final franchise agreement and cable ordinance; d) assist the City in negotiations with Charter Communications; and 2) appropriate $34,000 in the fiscal year 1999/00 budget to compensate the selected cable consultant. Councilmember Peters stated there is $1,100 of her discretionary funds in a fund to go • towards hiring a consultant to assist in the technical and legal aspect for cable franchise renewal services. 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24,1999 Councilmember Peirce stated this proposed cable franchise service and the cost is more than what the City needs. Councilmember Crotzer stated there are some technical services which do not need to be a part of the bid package and can be handled in-house through volunteers and advisory board review. Councilmember Elliott stated this is an opportunity to benefit from a volunteer group to discuss these issues. He suggested appointing an ad -hoc committee with Councilmembers Peirce and Peters to work with staff on procedures for development of a new cable television franchise agreement. Mayor Anderson stated Council has a responsibility to be sure the citizens of Morro Bay are getting the best cable television service possible. Councilmembers Peirce and Peters agreed to work as an ad -hoc committee to work with • staff on these issues. Councilmember Peters stated it is important that cable rates not be increased to the point where residents cannot afford cable television. Consensus of the City Council was to appoint Councilmember Peirce and Councilmember Peters to serve as an ad -hoc committee to work with staff on procedures for development of a new cable television franchise agreement. D-2 DISCUSSION ON THE 4TH OF JULY FIREWORKS; (ADMINISTRATION) City Manager David Cole reviewed for Council and public information the need for public awareness in order to facilitate the 4th of July fireworks. The City Council expressed the importance of donations and community support in order to make this event work, because it is not an event the City can fund on an annual basis. This was an informational item and no action was taken. D-3 UPDATE ON THE FAIR POLITICAL PRACTICES BROWN ACT PROCEDURES; (CITY ATTORNEY) City Attorney Robert Schultz presented the City Council with a General Laws Workshop booklet which outlines the Brown Act, the Fair Political Practice Act and Procedural Due • Process. He also provided Council with background and an analysis of the Brown Act that might be helpful in understanding this area of law. This was an informational item and no action was taken. 10 • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 24,1999 D-4 DISCUSSION ON CANCELLATION OF AUGUST 9, 1999 CITY COUNCIL MEETING City Manager Dave Cole introduced this item for Council consideration, and explained the purpose of the cancellation of the August 9, 1999 Council meeting will allow staff members to arrange for vacation time. MOTION: Councilmember Elliott moved the City Council approve the cancellation of the August 9, 1999 City Council meeting. The motion was seconded by Councilmember Peirce and carried with Councilmember Crotzer voting no.(4-1) The meeting adjourned at 9:21 p.m. Recorded by: &I-e Bridgett Bauer City Clerk 11 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Closed Session Meeting on Monday., May 17,1999 at 5:00 p.m. to be held in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be discussing 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 instructions to the designated representative. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. DATED: May 14, 1999 Bridgett lauer, City Clerk 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 - MAY 10, 1999 CLOSED SESSION - MAY 10, 1999 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. STATUS REPORT ON ALL PENDING LITIGATION. THIS IS A REPORT ON STATUS AND NO ACTION MAY BE TAKEN ON ANY MATTER NOT SPECIFICALLY LISTED. COUNCIL MAY REQUEST A SPECIFIC MATTER BE AGENDIZED IN THE FUTURE FOR ACTION. CS-2 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 INSTRUCTIONS TO THE DESIGNATED REPRESENTATIVE. CS-3 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES. DISCUSSIONS REGARDING PERSONNEL ISSUES INCLUDING ONE 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 - MAY 10,1999 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. 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 26, 1999; (ADMIN) RECOMMENDATION: Approve as submitted. A-2 COMMUNITY PROMOTIONS COMMITTEE RECOMMENDATION TO EXTEND THE ADVERTISING SERVICES AGENCY AGREEMENT; (ADMIN) • RECOMMENDATION: Approve the extension of the Advertising Services Agency Agreement for one (1) year. 2 A-3 RESOLUTION NO. 37-99 REQUESTING WAIVER OF PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) 960-HOUR RULE; (ADMIN) RECOMMENDATION: Adopt Resolution No. 37-99. A-4 APPROVAL OF EMERGENCY SERVICES AGREEMENT WITH DUKE ENERGY; (FIRE) RECOMMENDATION: Approve the Agreement for Emergency Services with Duke Power, Inc. A-5 RESOLUTION NO. 36-99 AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT TO DEPARTMENT OF BOATING & WATERWAYS CONTRACT; (HARBOR) RECOMMENDATION: Adopt Resolution No. 36-99. A-6 RESOLUTION NO. 35-99 AWARDING PROJECT CONTRACT FOR CITY DOCK RECONSTRUCTION TO SOUZA CONSTRUCTION COMPANY; (ADMIN) RECOMMENDATION: Adopt Resolution No. 35-99. • A-7 RESOLUTION NO. 34-99 ACCEPTING OFFER OF DEDICATION FROM DEL MAR SCHOOL; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 34-99. A-8 PROCLAMATION DECLARING THE WEEK OF MAY 9-15, 1999 AS "NATIONAL POLICE MEMORIAL WEEK", AND MAY 15, 1999 AS "POLICE OFFICER MEMORIAL DAY"; (POLICE) RECOMMENDATION: Adopt Proclamation. A-9 PROCLAMATION DECLARING MAY 1999 AS "MORRO BAY VOLUNTEER MONTH"; (RECREATION & PARKS) RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS- REPORTS & APPEARANCES B-I COMMUNITY DEVELOPMENT BLOCK GRANT WASTEWATER RECLAMATION FEASIBILITY STUDY - PHASE II; (PUBLIC SERVICES) • RECOMMENDATION: Direct any modifications deemed appropriate, accept the study, and direct staff to submit the final document to the funding agency. 3 • D-1 PRESENTATION OF THE "EVERY 15 MINUTES" PROGRAM HELD AT MORRO BAY HIGH SCHOOL ON APRIL 26 & 27, 1999; (POLICE) RECOMMENDATION: Receive presentation for information. D-2 PRESENTATION BY DUKE ENERGY ON MORRO BAY POWER PLANT MODERNIZATION RECOMMENDATION: Receive presentation for information. D-3 REVIEW OF CITY COUNCIL COMMUNICATION POLICY; (ADMIN) RECOMMENDATION: Discuss and direct staff accordingly. D-4 REVIEW OF EXTENSION OR MODIFICATION OF THE CITY ATTORNEY CONTRACT; (ADMIN) RECOMMENDATION: Discuss and direct staff accordingly. 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 10, 1999 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: David Cole City Manager Robert Schultz City Attorney MOTION: Councilmember Peters moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Crotzer and unanimously carried. (5-0) • Mayor Anderson read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.9(A); CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. STATUS REPORT ON ALL PENDING LITIGATION. THIS IS A REPORT ON STATUS AND NO ACTION MAY BE TAKEN ON ANY MATTER NOT SPECIFICALLY LISTED. COUNCIL MAY REQUEST A SPECIFIC MATTER BE AGENDIZED IN THE FUTURE FOR ACTION. 3 �? 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 INSTRUCTIONS TO THE DESIGNATED REPRESENTATIVE. CS-3 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES. DISCUSSIONS REGARDING PERSONNEL ISSUES INCLUDING ONE 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 5:59 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 5:59 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1999 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: David Cole Robert Schultz Bridgett Bauer Rick Algert Bill Boucher Robert Hendrix Jeff Jones Joe Loven Andrea Lueker Lawrence McPherson Shauna Nauman City Manager City Attorney City Clerk Harbor Director Capital Projects Coordinator InterimPublic Works Director Fire Chief Police Chief Recreation & Parks Director Interim Staff Engineer Interim Planning&Building Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - No action was taken. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1999 John Noble said several merchants are not conforming to the provisions of the new A - frame sign ordinance. He recommended the City Council step up enforcement of the A - frame sign ordinance. Arby Kitzman thanked the City Council and staff for their efforts in the Cruisin' Morro Bay Car Show which was a great success. Grace Melton acknowledged Wally McCray for his hours of volunteering in the landscape efforts in the City. Suedene Walker thanked those who made 4th of July donations. Wally McCray and Thad Baxley addressed the need to remove problem trees located in the public right-of-way in the City, and issued a report listing these trees to the City Council. • Nelson Sullivan addressed the noise that comes from the Duke Energy Power Plant. He also asked why the Council voting system placed on the wall of the Veterans Memorial Building is not being used. Meredith Bates reported on PEG Access which is being sought throughout the County. She said she serves on the Board of Directors for SLOCAM which is managing a pilot program in Los Osos on Channel 59, and noted SLOCAM would like to broadcast throughout the County. Paul Twedt, Jr. thanked those who have assisted in the 4th of July and asked for donations for this year's festivities. Mayor Anderson closed the public comment hearing. Councilmember Peters requested clarification on the enforcement of the City's sign ordinance. Chief Loven reported the last notice regarding A -frame signs had just been sent out last month, and noted without the necessary permits, A -frame signs will be picked up. DECLARATION OF FUTURE AGENDA ITEMS - No future agenda items were • reported. 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1999 Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. 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 26, 1999; (ADMIN) RECOMMENDATION: Approve as submitted. A-2 COMMUNITY PROMOTIONS COMMITTEE RECOMMENDATION TO EXTEND THE ADVERTISING SERVICES AGENCY AGREEMENT; (ADMIN) • RECOMMENDATION: Approve the extension of the Advertising Services Agency Agreement for one (1) year. A-3 RESOLUTION NO. 37-99 REQUESTING WAIVER OF PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) 960-HOUR RULE; (ADMIN) RECOMMENDATION: Adopt Resolution No. 37-99. A-4 APPROVAL OF EMERGENCY SERVICES AGREEMENT WITH DUKE ENERGY; (FIRE) RECOMMENDATION: Approve the Agreement for Emergency Services with Duke Power, Inc. A-5 RESOLUTION NO. 36-99 AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT TO DEPARTMENT OF BOATING & WATERWAYS CONTRACT; (HARBOR) RECOMMENDATION: Adopt Resolution No. 36-99. • n • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1999 A-6 RESOLUTION NO. 35-99 AWARDING PROJECT CONTRACT FOR CITY DOCK RECONSTRUCTION TO SOUZA CONSTRUCTION COMPANY; (ADMIN) RECOMMENDATION: Adopt Resolution No. 35-99. A-7 RESOLUTION NO. 34-99 ACCEPTING OFFER OF DEDICATION FROM DEL MAR SCHOOL; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 34-99. A-8 PROCLAMATION DECLARING THE WEEK OF MAY 9-15, 1999 AS "NATIONAL POLICE MEMORIAL WEEK", AND MAY 15, 1999 AS "POLICE OFFICER MEMORIAL DAY"; (POLICE) RECOMMENDATION: Adopt Proclamation. • A-9 PROCLAMATION DECLARING MAY 1999 AS "MORRO BAY VOLUNTEER MONTH'; (RECREATION & PARKS) RECOMMENDATION: Adopt Proclamation. MOTION: Councilmember Crotzer moved the City Council approve the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) Mayor Anderson requested to take the agenda out of order to hear Item D-1 next; Council concurred. Mayor Anderson called for a break at 7:17 p.m.; the meeting resumed at 7:28 p.m. B-1 COMMUNITY DEVELOPMENT BLOCK GRANT WASTEWATER RECLAMATION FEASIBILITY STUDY - PHASE II; (PUBLIC SERVICES) Capital Projects Coordinator Bill Boucher stated the purpose of this grant, 97-EDBG-510, • Water Reclamation Feasibility Study, Phase II was to develop new water sources in order to better attract businesses or expand existing businesses to the City and create jobs that would principally benefit low to moderate income persons. He said this feasibility study 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1999 was paid for in part with State of California Community Development Block Grant funds in the amount of $35,000, and additional funding came from the Water Revenue Fund. Mr. Boucher stated the study evaluates preferred alternatives identified in the Phase I study, and included in the report is discussion of potential customers, regulatory requirements, preliminary environmental assessment and a project cost estimate. He said the report concludes with implementation recommendations and project financing options. Mr. Boucher stated tonight's public hearing, advertised in accordance with City policies and in accordance with the CDBG citizen participation requirements, is to inform the public of the outcome of the grant project, to solicit comments and to advise the public that the Final Report is available. He said copies of the study have been available to the public since April 6, 1999, and written comments were requested to be received by April 28, 1999 to be included with this staff report if unable to attend the meeting. Mayor Anderson opened the hearing for public comment; there were no comments, and • the public comment hearing was closed. MOTION: Councilmember Crotzer moved the City Council accept the Wastewater Reclamation Feasibility Study. The motion was seconded by Councilmember Peters. Councilmember Crotzer stated there should be federal funding available for this water reclamation project. He expressed the importance to allow water to flow into Chorro Creek for habitat purposes. Councilmember Crotzer requested to add to the motion to direct staff to pursue grant funding for the construction of the water reclamation plant. Councilmember Elliott stated he agrees this is something that should be done, and addressed the importance of reusing the recycled product. He also said water rates should not be increased based on water which is being saved. Councilmember Peirce stated the City should move forward with the support of the federal government. Councilmember Peters stated the City should pursue funding for this project without putting the burden of the rate payers. • VOTE: (5-0) 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1999 MOTION: Councilmember Crotzer moved the City Council direct staff as follows: 1) submit the final document to the funding agency; 2) pursue state, federal and private level funding for construction, operation and management of the project; and 3) provide a preliminary report on funding for Council review in November 1999, and a final report for Council approval in May 2000, with those dates to be extended if necessary. The motion was seconded by Mayor Anderson and carried unanimously. (5-0) D-1 PRESENTATION OF THE "EVERY 15 MINUTES" PROGRAM HELD AT MORRO BAY HIGH SCHOOL ON APRIL 26 & 27, 1999; (POLICE) This presentation consisted of a synopsis of the two day anti -drunk driving program that • was presented at Morro Bay High School on April 26 and 27, 1999. It was for information only and no action was taken by the City Council. D-2 PRESENTATION BY DUKE ENERGY ON MORRO BAY POWER PLANT MODERNIZATION Plant Manager Steve Goschke made a presentation regarding Duke Energy's Morro Bay Power Plant modernization effort. It was for information only and no action was taken by the City Council. D-3 REVIEW OF CITY COUNCIL COMMUNICATION POLICY; (ADMIN) City Manager David Cole introduced this item for City Council discussion. Councilmember Crotzer discussed his understanding of the procedures placed in the City Council policies. The City Council directed staff to update the policies with the inclusion of Resolution No. 96-96. D-4 REVIEW OF EXTENSION OR MODIFICATION OF THE CITY ATTORNEY • AGREEMENT; (ADMIN) City Manager David Cole introduced this item for City Council discussion. 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1999 Councilmember Peters stated she is satisfied with the current City Attorney services, and said there is no reason to go out for Request for Proposals (RFP). She said she supports renewing the agreement with Hunt & Associates with the proposed rate schedule which is reasonable compared to other attorneys' fees. Councilmember Elliott stated he is not dissatisfied with Hunt & Associates; however, he does not know what other options are available without going out for RFP. He said it is the City Council's job to ensure the taxpayers are getting the value of their money. Councilmember Crotzer stated the average of hours billed by Hunt & Associates to the City is over what was requested. He addressed issues of litigation which could have been handled differently. Councilmember Crotzer stated he would also support the RFP process for attorney services. Councilmember Peirce expressed his support for extending the current city attorney agreement for two years. • Mayor Anderson stated the RFP process would take up a lot of staff time, and the survey performed by the Personnel Officer shows the proposed rates are reasonable. He said he is in support of extending the current city attorney agreement for two years. MOTION: Councilmember Peters moved the City Council renew the City Attorney agreement for two years with the proposed rate schedule. The motion was seconded by Mayor Anderson. Councilmember Crotzer stated he does not approve of the process of not seeking a vote to go out for RFP, and thus will not support this motion. Councilmember Peters rescinded her motion; Mayor Anderson rescinded his second to the motion. MOTION: Councilmember Crotzer moved the City Council direct staff to proceed with a Request for Proposal for City Attorney services. The motion died for lack of a second. MOTION: Councilmember Peters moved the City Council renew the City Attorney • agreement for two years with the proposed rate schedule. The motion was seconded by Mayor Anderson. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 10, 1999 Councilmember Peirce suggested the City Council consider going out for RFP next year. Councilmember Elliott stated the agreement proposal is for two years. Councilmember Peters called for the question. VOTE: The motion passed with Councilmember Crotzer voting no (4-1). MOTION: Councilmember Peirce moved the City Council direct staff to proceed with a Request for Proposal for City Attorney services next year. The motion was seconded by Councilmember Crotzer. The motion failed with Mayor Anderson, Councilmember Elliott, Councilmember Peirce, and Councilmember Peters voting no (1-4). The meeting adjourned at 9:18 p.m. Recorded by: "je Bridgett Bauer City Clerk E im 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 - APRIL 26, 1999 CLOSED SESSION - APRIL 26,1999 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 ATTORNEY. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION - APRIL 26,1999 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 • u 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 12, 1999; (ADNW RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT - MARCH 1999; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - MARCH 1999; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 31-99 AUTHORIZING EXECUTION OF AGREEMENT WITH DUKE ENERGY FOR BIKE PATH EASEMENT; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 31-99. • A-5 RESOLUTION NO. 32-99 REQUESTING FUNDING FROM SAN LUIS OBISPO COUNCIL OF GOVERNMENTS FOR HIGH SCHOOL BIKE PATH; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 32-99. A-6 RESOLUTION NO. 33-99 AMENDING THE MASTER FEE SCHEDULE ADDING WHARFAGE FEES FOR OFF-LOADING KELP OR OTHER NON - FISH PRODUCTS; (HARBOR) RECOMMENDATION: Adopt Resolution No. 33-99. A-7 APPROVAL TO PROCEED WITH JOINT REQUEST FOR PROPOSALS (RFP) FOR TRANSIT SERVICES AND APPROVAL OF A TWO -MONTH EXTENSION OF CURRENT MORRO BAY DIAL -A -RIDE AGREEMENT WITH LAIDLAW TRANSIT SERVICES; (PUBLIC SERVICES) RECOMMENDATION: 1) Approve the continued participation in the joint RFP process; and 2) approve a two month extension to the current Morro Bay Dial -A -Ride Operations Agreement with Laidlaw Transit Services. • B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 RESOLUTION NO. 29-99 DIRECTING THE PREPARATION OF AN ENGINEERS REPORT FOR LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 29-99. B-2 RESOLUTION NO. 30-99 DIRECTING THE PREPARATION OF AN ENGINEERS REPORT FOR LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS PARK AND OPEN SPACE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 30-99. C. UNFINISHED BUSINESS - NONE. • 3 • D. NEW BUSINESS • D-1 CONSIDERATION OF REQUEST FOR PROPOSALS (RFP) FOR VIDEO PRODUCTION SERVICES AND CHANNEL 54 INSERTION POINT MANAGEMENT, AND APPROVAL OF ONE -MONTH EXTENSION TO CURRENT AGREEMENT WITH AGP VIDEO; (PUBLIC SERVICES) RECOMMENDATION: 1) Issue the RFP for Video Production Services (VPS) and Channel 54 Insertion Point Management with the expansion of the channel management task; and 2) extend the current VPS agreement with AGP Video for one month, commencing July 1, 1999 and expiring July 31, 1999. D-2 REVIEW OF EXTENSION OR MODIFICATION OF THE CITY ATTORNEY CONTRACT; (ADMIN) 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 - APRIL 26, 1999 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: David Cole City Manager Robert Schultz City Attorney MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) • Mayor Anderson read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES. DISCUSSIONS REGARDING PERSONNEL ISSUES INCLUDING ONE (I) 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 5:56 p.m. MOTION: Councilmember Peters moved the meeting be adjourned. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) The meeting adjourned at 5:56 p.m. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 1999 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: David Cole Robert Schultz Bridgett Bauer Janeen Burlingame Rick Algert Robert Hendrix Jeff Jones Jim Koser Andrea Locker Shauna Nauman Steve Sylvester City Manager City Attorney City Clerk Administrative Assistant Harbor Director InterimPublic Works Director Fire Chief Finance Director Recreation & Parks Director Interim Planning&Building Director City Engineer 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 Council met in Closed Session on April 19 and 26, 1999 and no action was taken at either meeting. Maria Lowe thanked the City Council for considering the proposed bike paths, stating they will assist in traffic congestion. Bill Woodson requested Council support for the proposed bike paths. Suedene Walker introduced Dave Gustafson who is serving as Chair for the 4th of July Committee. She reported on the plans for the festivities, and requested a flyer be placed in the water bills requesting donations. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 1999 John Barta thanked the City for its efforts in planning the "Every 15 Minutes" Program held at the high school. He also requested his suggested additions of comments made at the April 12th meeting be added to the minutes. Councilmember Crotzer requested discussion of the City Council policy statement (Resolution No. 105-95) be agendized. 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 12, 1999; (ADMIN) • RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT - MARCH 1999; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - MARCH 1999; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 31-99 AUTHORIZING EXECUTION OF AGREEMENT WITH DUKE ENERGY FOR BIKE PATH EASEMENT; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 31-99. A-5 RESOLUTION NO. 32-99 REQUESTING FUNDING FROM SAN LUIS OBISPO COUNCIL OF GOVERNMENTS FOR HIGH SCHOOL BIKE PATH; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 32-99. • K • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 1999 A-6 RESOLUTION NO. 33-99 AMENDING THE MASTER FEE SCHEDULE ADDING WHARFAGE FEES FOR OFF-LOADING KELP OR OTHER NON - FISH PRODUCTS; (HARBOR) RECOMMENDATION: Adopt Resolution No. 33-99. A-7 APPROVAL TO PROCEED WITH JOINT REQUEST FOR PROPOSALS (RFP) FOR TRANSIT SERVICES AND APPROVAL OF A TWO -MONTH EXTENSION OF CURRENT MORRO BAY DIAL -A -RIDE AGREEMENT WITH LAIDLAW TRANSIT SERVICES; (PUBLIC SERVICES) RECOMMENDATION: 1) Approve the continued participation in the joint RFP process; and 2) approve a two month extension to the current Morro Bay Dial -A -Ride Operations Agreement with Laidlaw Transit Services. Councilmember Peirce pulled Item A-1 from the Consent Calendar, and Councilmember • Peters pulled Item A-7. MOTION: Councilmember Crotzer moved the City Council approve the Consent Calendar with the exception of Items A-1 and A-7. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF APRIL 12, 1999 Councilmember Peirce addressed Mr. Barta's request to place his comments in the minutes of April 12, 1999. Mayor Anderson stated adding more comments would be going beyond the format Council approved. Councilmember Elliott agreed with Mayor Anderson, however, he said Mr. Barta's comments are valid. Councilmember Peters stated the minutes provided are accurate and concise without going into full detail. • MOTION: Councilmember Peirce moved the City Council approve Item A-1 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) n • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 1999 A-7 APPROVAL TO PROCEED WITH JOINT REQUEST FOR PROPOSALS (RFP) FOR TRANSIT SERVICES AND APPROVAL OF A TWO -MONTH EXTENSION OF CURRENT MORRO BAY DIAL -A -RIDE AGREEMENT WITH LAIDLAW TRANSIT SERVICES Councilmember Peters expressed concern with the approval of authorizing the RFP process without changes in service hours being proposed. Administrative Assistant Janeen Burlingame responded the RFP can include an addendum including the change in service hours. Councilmember Crotzer stated there has been recent direction from Council for staff to research CDBG funding for extended Dial -A -Ride service hours. MOTION: Councilmember Peters moved the City Council approve Item A-7 of the Consent Calendar. The motion was seconded by Councilmember Crotzer • and carved unanimously. (5-0) B. PUBLIC HEARINGS. EPORT & APPEARANCES B-1 RESOLUTION NO. 29-99 DIRECTING THE PREPARATION OF AN ENGINEERS REPORT FOR 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 after the formation of an assessment district, each year the City must hold three public hearings to confirm the levy of assessment for the upcoming fiscal year. She said this is the first of three public hearings which initiates the annual levy process and directs the preparation of an Engineer's report. Ms. Lueker noted the fiscal year 1998/99 assessment provided $5,645 for the maintenance of the North Point Natural Area. She recommended the City Council adopt Resolution No. 29-99 ordering the preparation of an Engineer's Report detailing the expenses projected for fiscal year 1999/00 for the maintenance of North Point Natural Area. Mayor Anderson opened the hearing for public comment; there were no comments, and the public comment hearing was closed. is Councilmember Elliott expressed his opposition to charging assessment fees to a property owner for public benefit. E • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 1999 Councilmember Crotzer stated this natural area sits on private property on a coastal bluff which coastal agencies required the natural area be preserved for public benefit while being developed. He said this natural area is an element where the public as well as the residents can enjoy which is a win -win situation. Mayor Anderson stated this assessment district requires some maintenance which was agreed upon when this subdivision was reviewed and approved. MOTION: Councilmember Crotzer moved the City Council adopt Resolution No. 29-99 ordering the preparation of an Engineer's Report detailing the expenses projected for fiscal year 1999/00 for the maintenance of North Point Natural Area. The motion was seconded by Councilmember Peters and carried with Councilmember Elliott voting no. (4-1) B-2 RESOLUTION NO. 30-99 DIRECTING THE PREPARATION OF AN ENGINEERS REPORT FOR 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 on January 26, 1998 the City Council adopted Resolution No. 69-96 accepting the public improvements for Cloisters Tract 1996. She said although the public improvements were completed, the developer was responsible for maintenance of the area for one year, with the City taking over the maintenance on January 26, 1999. Ms. Lueker recommended the City Council adopt Resolution No. 30-99 ordering the preparation of an Engineer's Report detailing the expenses projected for fiscal year 1999/00 for the maintenance of Cloister's Park and Open Space. Mayor Anderson opened the hearing for public comment. Jim Wood stated this park does not require the equipment purchased to maintain such a small area. Mayor Anderson closed the public comment hearing. Mayor Anderson asked what maintenance is involved at this park and open space area. Recreation & Parks Director Andrea Lueker responded the meadows, turf and park areas • are mowed, the public restroom is maintained, and a majority of the fencing and pathways are also maintained by the City. G-1 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 1999 Councilmember Elliott expressed concern with the purchase of two flail mowers for the maintenance of this park. Councilmember Crotzer addressed the benefits of the park and open walkway which access the beach. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 30-99 ordering the preparation of an Engineer's Report detailing the expenses projected for fiscal year 1999/00 for the maintenance of Cloister's Park and Open Space. The motion was seconded by Councilmember Crotzer and carried with Councilmember Elliott voting no. (4-1) Mayor Anderson called for a break at 7:42 p.m.; the meeting resumed at 7:55 p.m. • D. NEW BUSINESS D-I CONSIDERATION OF REQUEST FOR PROPOSALS FOR VIDEO PRODUCTION SERVICES AND CHANNEL 54 INSERTION POINT MANAGEMENT, AND APPROVAL OF ONE -MONTH EXTENSION TO CURRENT AGREEMENT WITH AGP VIDEO; (PUBLIC SERVICES) Administrative Assistant Janeen Burlingame stated the current Video Production Service (VPS) Agreement with AGP Video will expire on July 1, 1999. She said due to changes in the scope of work, in particular with regard to live cablecast capability, since the last RFP was issued in January 1998, the City should put out a Request for Proposals (RFP) for video production and Channel 54 insertion point management services. Ms. Burlingame stated staff recommends the following: 1) issue an RFP for VPS and Channel 54 Insertion Point Management with the expansion of the channel management task as outlined in the staff report; and 2) extend the current VPS agreement with AGP Video for one month, commencing July 1, 1999 and expiring July 31, 1999 so the RFP process can be completed. Councilmember Peters stated page 11 of the staff report should be amended to read "supporters" instead of "sponsors". • The consensus of the City Council was that the City presently has a viable group filming the meetings, and decided not to proceed with the RFP process at this time. 7 • • u MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 26, 1999 MOTION: Mayor Anderson moved the City Council direct staff to negotiate a new agreement with AGP Video, and return to Council for approval. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) D-2 REVIEW OF EXTENSION OR MODIFICATION OF THE CITY ATTORNEY CONTRACT; (ADMIN) This item was continued to the May 10, 1999 City Council meeting. The meeting adjourned at 8:15 p.m. Recorded by: Bridgett Bauer City Clerk 3 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Closed Session Meeting on Monday_, April 19, 1999 at 5:00 p.m. to be held at the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be discussing 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 instructions to the Designated Representative. • IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. DATED: April 14, 1999 Bridgett B er, City Clerk r] 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 - APRIL 12, 1999 CLOSED SESSION - APRIL 12,1999 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA 11 C •1_ I ' � _1_I c • 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 INSTRUCTIONS TO THE DESIGNATED REPRESENTATIVE. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION - APRIL 12,1999 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. 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 22, 1999; (ADMINISTRATION) RECOMMENDATION: Approve minutes as submitted. A-2 NOTICE OF COMPLETION OF THE ATASCADERO ROAD SEWER TRUNK LINE REPLACEMENT PROJECT; (ADMINISTRATION) RECOMMENDATION: Accept the project as completed by R. Baker, Inc. and authorize the filing of a Notice of Completion with the County Recorder. A-3 APPROVAL OF AGREEMENT BETWEEN THE SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF MORRO BAY PROVIDING FOR A DROUGHT BUFFER ENTITLEMENT; (PUBLIC SERVICES) RECOMMENDATION: Approve the agreement providing for a drought buffer entitlement; authorize the Mayor to execute the agreement; and direct staff to return the executed agreement to the County for approval and execution • by the District Board. FA • A-4 RESOLUTION NO. 28-99 APPROVING ASSIGNMENT OF LEASE SITE 34W; (HARBOR) RECOMMENDATION: Adopt Resolution No. 28-99. A-5 RESOLUTION NO. 25-99 ENDORSING ASSEMBLY BILL 1195 RELATING TO PROPERTY TAX REVENUE ALLOCATION; (COUNCIL) RECOMMENDATION: Adopt Resolution No. 25-99. A-6 RESOLUTION NO. 26-99 ENDORSING SENATE BILL 15 RELATING TO THE FIREARMS LEGISLATION; (COUNCIL) RECOMMENDATION: Adopt Resolution No. 26-99. A-7 PROCLAMATION DECLARING APRIL 10, 1999 AS "DAY OF THE CHILD" AND APRIL 1999 AS "MONTH OF THE CHILD'; (ADMINISTRATION) RECOMMENDATION: Adopt proclamation. A-8 PROCLAMATION DECLARING APRIL 1999 AS "ALCOHOL AWARENESS • MONTH'; (ADMINISTRATION) RECOMMENDATION: Adopt proclamation. A, A-9 PROCLAMATION DECLARING APRIL 23, 1999 AS "SPECIAL OLYMPICS DAY'; (ADMINISTRATION) RECOMMENDATION: Adopt proclamation. B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 RESOLUTION NO. 27-99 APPROVING SUBMISSION OF 1999 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION TO THE STATE OF CALIFORNIA; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 27-99. • 3 • B-2 REVIEW OF WATER HISTORY IN MORRO BAY, AND RECOMMENDATION OF COASTAL COMMISSION'S MODIFICATION TO LOCAL COASTAL PROGRAM MAJOR AMENDMENT NO. I-97 RELATING TO THE WATER ALLOCATION PACKAGE; (PUBLIC SERVICES) RECOMMENDATION: 1) Receive water history report; 2) review and consider the California Coastal Commission's modifications to the City's water policy and regulatory amendments related to the allocation of water to new development; and 3) Direct staff accordingly. 1► I _ ► PSI C-I ORDINANCE NO.478 AMENDING THE ZONING ORDINANCE TEXT AND ZONING MAP AMENDMENTS FOR THE COLMER/CARATAN PROJECT; SECOND READING/ADOPTION; (PUBLIC SERVICES) RECOMMENDATION: Approve second reading and adoption of Ordinance No. 478. • C-2 CONSIDERATION OF PURCHASE OF TROLLEY; (PUBLIC SERVICES) RECOMMENDATION: Receive report, and direct staff accordingly. D. NEW BUSINESS D-I PRESENTATION BY E. DEL SMITH & COMPANY, INC. REGARDING FEDERAL FUNDING AND OTHER HARBOR -RELATED ISSUES; (HARBOR) RECOMMENDATION: Receive presentation for information. MINEFA � W ' ► 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. rd • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - APRIL 12, 1999 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: David Cole City Manager Robert Schultz City Attorney Ardith Davis Personnel Officer/Risk Manager Jim Koser Finance Director 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 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 INSTRUCTIONS TO THE DESIGNATED REPRESENTATIVE. The meeting adjourned to Closed Session at 5:03 p.m. and returned to regular session at 5:55 p.m. MOTION: Councilmember Elliott moved the meeting be adjourned. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) The meeting adjourned at 5:55 p.m to a Special Closed Session meeting on Monday, April 19, 1999 at 5:00 p.m. in the City Hall Conference Room. • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1999 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: David Cole Robert Schultz David Hunt Bridgett Bauer Rick Algert Robert Hendrix JeffJones Jim Koser Joe Loven Andrea Lueker Lawrence McPherson Shauna Nauman City Manager City Attorney Special Counsel City Clerk Harbor Director Interim Public Works Director Fire Chief Finance Director Police Chief Recreation & Parks Director Interim Staff Engineer Interim Planning&Building Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - No reportable action was taken. Mayor Anderson requested the City Council take the agenda out of order to hear Item D-1 next; Council concurred. Mayor Anderson requested the City Council take the agenda out of order and pull Item A-7 from the Consent Calendar to hear next; Council concurred. Recreation & Parks Supervisor Shannon Stocking made a presentation to the Mayor and City Council in honor of Month of the Child. Mayor Anderson called for a break at 6:52 p.m.; the meeting resumed at 7:00 p.m. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1999 PUBLIC COMMENT Roger Ewing requested all Brown Act meetings be broadcast, and the City should pay for the filming of these meetings. He also requested AGP Video's contract be extended. Louise Barkus thanked Council and staff for their support of the MAYDAY facility. Jude Long, Morro Bay Librarian, announced this week is National Library Week. Cathy Novak reviewed past federal funding efforts for the Morro Bay harbor entrance. Bill Raflowski addressed the March 14th fire which took place at the Public Services Department. John Barta requested Council's support of Item A-3 (Approval of Agreement between the San Luis Obispo County Flood Control and Water Conservation District and the City of Morro Bay providing for a Drought Buffer Entitlement). is Paul Twedt addressed the programs sponsored by the Morro Bay Library. He also spoke on the benefits of the video classes sponsored by Charter Communications. Mayor Anderson closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS The City Council scheduled the following dates for budget review meetings: 1) Thursday, May 27th at 6:00 p.m.; 2) Wednesday, June 2nd at 6:00 p.m.; and if necessary, 3) Monday, June 7, 1999 at 6:00 p.m. - locations to be announced. 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 22, 1999; (ADMINISTRATION) RECOMMENDATION: Approve minutes as submitted. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1999 A-2 NOTICE OF COMPLETION OF THE ATASCADERO ROAD SEWER TRUNK LINE REPLACEMENT PROJECT; (ADMINISTRATION) RECOMMENDATION: Accept the project as completed by R. Baker, Inc. and authorize the filing of a Notice of Completion with the County Recorder. A-3 APPROVAL OF AGREEMENT BETWEEN THE SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF MORRO BAY PROVIDING FOR A DROUGHT BUFFER ENTITLEMENT; (PUBLIC SERVICES) RECOMMENDATION: Approve the agreement providing for a drought buffer entitlement; authorize the Mayor to execute the agreement; and direct staff to return the executed agreement to the County for approval and execution by the District Board. • A-4 RESOLUTION NO. 28-99 APPROVING ASSIGNMENT OF LEASE SITE 34W; (HARBOR) RECOMMENDATION: Adopt Resolution No. 28-99. A-5 RESOLUTION NO. 25-99 ENDORSING ASSEMBLY BILL 1195 RELATING TO PROPERTY TAX REVENUE ALLOCATION; (COUNCIL) RECOMMENDATION: Adopt Resolution No. 25-99. A-6 RESOLUTION NO. 26-99 ENDORSING SENATE BILL 15 RELATING TO THE FIREARMS LEGISLATION; (COUNCIL) RECOMMENDATION: Adopt Resolution No. 26-99. A-7 PROCLAMATION DECLARING APRIL 10, 1999 AS "DAY OF THE CHILD" AND APRIL 1999 AS "MONTH OF THE CHILD"; (ADMINIISTRATION) RECOMMENDATION: Adopt proclamation. A-8 PROCLAMATION DECLARING APRIL 1999 AS "ALCOHOL AWARENESS • MONTH"; (ADMINISTRATION) RECOMMENDATION: Adopt proclamation. 4 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1999 A-9 PROCLAMATION DECLARING APRIL 23, 1999 AS "SPECIAL OLYMPICS DAY"; (ADMINISTRATION) RECOMMENDATION: Adopt proclamation. Councilmember Peters pulled Items A-2, A-3, and A-5 from the Consent Calendar; Councilmember Peirce pulled Item A-6; and Mayor Anderson pulled Items A-8 and A-9. MOTION: Councilmember Crotzer moved the City Council approve Items A-1, A-4 and A-7 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-2 NOTICE OF COMPLETION OF THE ATASCADERO ROAD SEWER TRUNK LINE REPLACEMENT PROJECT; (ADMINISTRATION) Councilmember Peters requested an update on the status of the claim coverage on this • project. Interim Public Works Director Bob Hendrix responded once Council takes final action on the completion of this project, the forms will be submitted to FEMA. MOTION: Councilmember Peters moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) A-3 APPROVAL OF AGREEMENT BETWEEN THE SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF MORRO BAY PROVIDING FOR A DROUGHT BUFFER ENTITLEMENT; (PUBLIC SERVICES) Councilmember Peters asked if the approval of this agreement will impact water rates. Interim Public Works Director Bob Hendrix responded all costs should be home by the existing water fund. Councilmember Crotzer expressed concern for the citizens of Morro Bay due to the potential of increased water and sewer fees based on State Water costs. MOTION: Councilmember Elliott moved the City Council approval Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Peirce . and carved with Councilmember Crotzer voting no. (4-1) 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1999 A-5 RESOLUTION NO. 25-99 ENDORSING ASSEMBLY BILL 1195 RELATING TO PROPERTY TAX REVENUE ALLOCATION; (COUNCIL) Councilmember Peters announced this resolution for public information. MOTION: Councilmember Peters moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) A-6 RESOLUTION NO. 26-99 ENDORSING SENATE BILL 15 RELATING TO THE FIREARMS LEGISLATION; (COUNCIL) Councilmember Peirce expressed concerns with this endorsement, and said it does not directly affect the City. Councilmember Crotzer stated he would like this endorsement supported by Council for • assurance of standards for handguns available to civilians. MOTION: Councilmember Cromer moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Mayor Anderson and failed with Councilmember Elliott, Councilmember Peirce and Councilmember Peters voting no. (2-3) A-8 PROCLAMATION DECLARING APRIL 1999 AS "ALCOHOL AWARENESS MONTH'; (ADMINISTRATION) Mayor Anderson announced this proclamation for public information. MOTION: Mayor Anderson moved the City Council approve Item A-8 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-9 PROCLAMATION DECLARING APRIL 23, 1999 AS "SPECIAL OLYMPICS DAY"; (ADMINISTRATION) Mayor Anderson announced this proclamation for public information. • MOTION: Mayor Anderson moved the City Council approve Item A-9 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1999 B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 RESOLUTION NO. 27-99 APPROVING SUBMISSION OF 1999 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION TO THE STATE OF CALIFORNIA; (PUBLIC SERVICES) Interim Planning & Building Director Shauna Nauman reviewed the application to the State of California Housing and Community Development Department for the 1999 Community Development Block Grant (CDBG). She recommended adoption of Resolution No. 27-99 authorizing submission of the CDBG application to the State of California by Habitat for Humanity in the amount of $129,000 to fund site acquisition for two lots in Morro Bay for construction of new affordable housing units to serve low income households. Steve McGrath and Ernie Miller of Habitat for Humanity reviewed the grant which is being applied for. They requested Council support the application to the State of • California for this grant. Mayor Anderson opened the hearing for public comment. Neil Farrell asked who is qualified for these houses. Mayor Anderson closed the public comment hearing. Consensus of the City Council was in support of authorizing submission of the CDBG application to the State of California by Habitat for Humanity. MOTION: Councilmember Crotzer moved the City Council adopt Resolution No. 27- 99 authorizing submission of the CDBG application to the State of California by Habitat for Humanity in the amount of $129,000 to fund site acquisition for two lots in Morro Bay for construction of new affordable housing units to serve low income households. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) Mayor Anderson called for a break at 8:54 p.m.; the meeting resumed at 9:08 p.m. • 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1999 B-2 REVIEW OF WATER HISTORY IN MORRO BAY, AND RECOMMENDATION OF COASTAL COMMISSION'S MODIFICATION TO LOCAL COASTAL PROGRAM MAJOR AMENDMENT NO. 1-97 RELATING TO THE WATER ALLOCATION PACKAGE; (PUBLIC SERVICES) Interim Planning & Building Director Shauna Nauman reviewed the modifications to the City's package of water policy and regulatory amendments related to the allocation of water to new development. She made the following recommendations to the City Council: 1) receive the water history report; 2) review and consider the California Coastal Commission's modifications to the City's water policy and regulatory amendments related to the allocation of water to new development; and 3) direct staff accordingly. Special Counsel David Hunt of Hunt & Associates reviewed information relating to the City's water history. • Mayor Anderson opened the hearing for public comment. Charlie Palmer shared information on City wells in the Chorro and Morro Creeks which are presently year-round streams. He recommended once the desalination plant is paid off, that the City use this money for water reclamation. John Barta urged the City Council reject the amendments made by the California Coastal Commission to the City's water policy and regulatory amendments related to the allocation of water to new development. He recommended the City consider a mandatory retrofit program. Nelson Sullivan addressed several points made in the staff report. Harry Rogers stated the water allocation program needs to be made less complicated. Mayor Anderson closed the public comment hearing. Councilmember Cromer stated the Council should consider if the present citizens should have to pay with a shortage of water or poor -quality water for new development in Mono Bay. He said conservation of water is the best way to provide more water, as well as the use of gray water. Councilmember Crotzer suggested the City continue with the retrofit • program and charge impact fees related to true cost of new development. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1999 Councilmember Elliott stated the City should withdraw its application to the Coastal Commission, and deal with individual issues as they arrive. He said the City should continue with the reclamation program, determine the water equivalency unit size based on the use in the City, and list all the water resources available. Councilmember Peirce stated the City should continue pursuing the reclamation plant, and find out how many retrofits are left in the City by perhaps sending out a survey with the water bills. He said the remaining water equivalency units should be made more realistic with the retrofit program. Councilmember Peters agreed the City needs to find out how many retrofits are remaining, and the survey should include who might be interested in having their homes retrofitted. She said it is time to replace water meters throughout the City and find out where the lost water is going. Councilmember Peters stated the City should respond to the Coastal Commission's questions, and they should be made aware that Morro Bay's water conservation efforts are higher than anywhere in California. • Mayor Anderson shared history of the City's water situation. He agreed the City should reject the Coastal Commission's modifications. Mayor Anderson stated it would be great to be able to replace water meters and be able to pay for them with the increased revenues and benefit from the water savings. u MOTION: Mayor Anderson moved the City Council direct staff as follows: 1) withdraw the request for a 6-month time extension to the California Coastal Commission's modifications to LCP #1-97 (water allocation); 2) develop a water bill survey to determine interest in participating in the retrofit program and to determine how many homes have already been retrofitted; 3) provide Council with a cost estimate in the 99/00 budget for the Water Management Plan Update; and 4) reanalyze the calculation for water equivalency units. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1999 C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 478 AMENDING THE ZONING ORDINANCE TEXT AND ZONING MAP AMENDMENTS FOR THE COLMER/CARATAN PROJECT; SECOND READING/ADOPTION; (PUBLIC SERVICES) Interim Planning & Building Director Shauna Nauman requested the City Council approve the second reading and adoption of Ordinance No. 478 amending the zoning ordinance text and zoning map amendments for the Colmer/Caratan Project. MOTION: Councilmember Crotzer moved the City Council approve the second reading and adoption of Ordinance No. 478 amending the zoning ordinance text and zoning map amendments for the Colmer/Caratan Project. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) • City Manager David Cole read Ordinance No. 478 by number and title only. C-2 CONSIDERATION OF PURCHASE OF TROLLEY; (PUBLIC SERVICES) Interim Public Works Director Bob Hendrix stated on September 1, 1998 the City received a capital assistance grant to fund up to 80% of the total cost of a trolley; and, the remaining 20% was approved by the City Council in the fiscal year 1998/99 budget. He said on November 30, 1998, the City received a Motor Vehicle Emissions Reduction Grant from the Air Pollution Control District for $10,000 to aid the City with its local match requirement for the capital assistance grant. Mr. Hendrix stated the total cost for the vehicle will not exceed 100,000, and recommended the City Council discuss and direct staff accordingly on the purchase of a trolley. Councilmember Elliott stated he does not agree that a gas -powered vehicle is more efficient than a diesel -powered. The City Council discussed several specifications that they would like for the new trolley. MOTION: Councilmember Cromer moved the City Council direct staff to purchase a gasoline -powered trolley with a handicap lift at the rear, without an entrance door in front, and a partial partition behind the driver, or removed • if possible. The motion was seconded by Councilmember Peirce and carried with Councilmember Elliott voting no. (4-1) IN • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 12, 1999 D. NEW BUSINESS D-1 PRESENTATION BY E. DEL SMITH & COMPANY, INC. REGARDING FEDERAL FUNDING AND OTHER HARBOR -RELATED ISSUES; (HARBOR) E. Del Smith of E. Del Smith & Company, Inc. of Washington, D.C., who assists the City in obtaining federal dredging funds, reported on federal issues related to harbor operations. Council received the report for information only. No action was taken on this item. F. ADJOURNMENT The meeting adjourned at 11:17 p.m. Recorded by: Z"e Bridgett Bauer City Clerk 11 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Meeting on Tuesday, March 30, 1999 at 5:00 p.m. to be held in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will meet in Closed Session to discuss the following: CS-1 GOVERNMENT CODE SECTION 54956.9(C). CONFERENCE WITH LEGAL COUNSEL DUE ANTICIPATED LITIGATION. Discuss with Legal Counsel, based on existing facts, whether to initiate litigation as to one (1) matter. CS-2 GOVERNMENT CODE SECTION 54956.86 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. • Proper : 590 Morro Bay Boulevard • Negotiating Parties: City Manager Cole; C.R. Lara on behalf of Vandri Rayner-Dorland • Negotiations: Possible lease. 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 instructions to the Designated Representative. It is noted that the contents of Closed Session meetings are confidential and exempt from disclosure. DATED: March 25, 1999 Bridgett EUuer, City Clerk City of Morro Bay City Council Agenda Mission Statment The City of Morro Bay is dedicoted to the preserwtion and enhanwnrnt of the quality of lift. The City shall be committed to tins purpose and will provide a level of munidpol snvice and safety consistent with and responsive to the needs of the public. REGULAR MEETING - MARCH 22, 1999; 6:00 P.M. VETERANS MEMORIAL HALL 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 0 • A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS OF FEBRUARY 22, 1999 AND MARCH 8, 1999; (ADMIN) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT - FEBRUARY 1999; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - FEBRUARY 1999; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 22-99 ADOPTING MID -YEAR BUDGET APPROPRIATIONS; (FINANCE) • RECOMMENDATION: Adopt Resolution No. 22-99. A-5 RESOLUTION NO. 23-99 AUTHORIZING THE EXECUTION OF RESOURCES AGENCY GRANT FOR CITY DOCK, AND RESOLUTION NO. 24-99 AMENDING FISCAL YEAR 1998/99 BUDGET TO AUTHORIZE APPROPRIATION FOR CITY DOCK PROJECT; (HARBOR) RECOMMENDATION: Adopt Resolution Nos. 23-99 and 24-99. A-6 RESOLUTION NO. 19-99 AWARDING CONTRACT FOR FRONT STREET PARKING LOT; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 19-99 awarding contract for Front Street Parking Lot to the Sanchez Company in the amount of $74,288 and appropriate funds for the project from the Parking -In Lieu Fund. A-7 RESOLUTION NO. 21-99 REQUESTING AN EXTENSION OF TIME FOR ACCEPTANCE OF THE COASTAL COMMISSION'S MODIFIED LANGUAGE PERTAINING TO LOCAL COASTAL PROGRAM MAJOR AMENDMENT NO. 1-97: WATER ALLOCATION; (PUBLIC SERVICES) • RECOMMENDATION: Adopt Resolution No. 21-99. 2 • A-8 RESOLUTION NO. 20-99 ADOPTING FINDINGS AND GRANTING AN AWARD OF WATER EQUIVALENCY UNITS TO THE MATURE ADULT DAY ASSISTANCE PROGRAM: MAYDAY; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 20-99. A-9 DESIGNATION AND TERMS OF NEWLY -APPOINTED COMMUNITY PROMOTIONS COMMITTEE MEMBERS; (ADMIN) RECOMMENDATION: Review and approve designation and terms of newly - appointed Community Promotions Committee Members. A-10 PROCLAMATION DECLARING APRIL 17, 1999 AS "ARBOR DAY'; (RECREATION & PARKS) RECOMMENDATION: Adopt Proclamation. A-11 PROCLAMATION IN RECOGNITION OF SERGEANT DALE SALYER'S RETIREMENT; (POLICE) RECOMMENDATION: Adopt Proclamation. • B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 RESOLUTION NO. 18-99 APPROVING THE LOCAL COASTAL PLAN/GENERAL PLAN TEXT AND MAP AMENDMENTS, AND ORDINANCE NO. 478 APPROVING THE ZONING TEXT AND ZONING MAP AMENDMENTS; (FIRST READING/INTRODUCTION): CASE NO. GP/LCP/ZO AMENDMENT 01-97 - COLMER/CARATAN; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 18-99; and approve Ordinance No. 478 for first reading and introduction. C. UNFINISHED BUSINESS C-1 CONSIDERATION OF RECOMMENDATION CONCERNING THE FOUR- WAY STOP SIGNS ON MORRO BAY BOULEVARD; (PUBLIC SERVICES) RECOMMENDATION: Four-way stop signs placed on Morro Bay Boulevard that did not meet original warrants for their installation should not be • removed at this time. 9 L 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 REGULAR MEETING - MARCH 22, 1999 VETERANS MEMORIAL HALL - 6:00 P.M. Vice -Mayor Elliott called the meeting to order at 6:00 p.m. PRESENT: Dave Elliott Vice -Mayor Colby Crotzer Councilmember William Peirce Councilmember Janice Peters Councilmember ABSENT: Rodger Anderson STAFF: David Cole Robert Schultz Bridgett Bauer Rick Algert Bill Boucher Robert Hendrix Jim Koser Joe Loven Andrea Lueker Lawrence McPherson Shauna Nauman Steve Sylvester Mayor City Manager City Attorney City Clerk Harbor Director Capital Projects Coordinator Int. Public Works Director Finance Director Police Chief Recreation & Parks Director Int. Staff Engineer Int. Planning & Building Director City Engineer ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS - Vice -Mayor Elliott requested Council pull Item A-11 from the Consent Calendar in order to make a presentation; Council concurred. MOTION: Councilmember Peirce moved the City Council approve Item A -I I of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (4-0) Vice -Mayor Elliott presented Sergeant Dale Salyer with a Certificate of Appreciation for his time served on the City Police Department. CLOSED SESSION REPORT - None. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 22, 1999 Bruce Frank, Chairman of the Local Bahai Faith, shared a booklet on Equality of Women and Men. The following people expressed support for Item A-8 of the Consent Calendar (Resolution No. 20-99 Adopting Findings and Granting an Award of Water Equivalency Units to the Mature Adult Day Assistance Program), and requested the City Council consider waiving the fees: Leabah Winter, Barry Dorfmann, Phyllis Bogart, Louise Barkus, Gari Cave, Lee Greenawalt, Hank Roth, Roxy Tack, and John Barta. Roger Ewing requested the City Council consider the elimination of sending out a Request for Proposal for broadcasting on Channel 54, and extend the contract with AGP Video to film the Brown Act meetings. Tom Williams, Duke Energy, invited the City Council, staff, and the public to the Open isHouse at the power plant on Thursday, March 25th. Wally McCray referred to the brochure prepared by the National Estuary Program which addresses landscaping with appropriate plants in order to assist in saving the bay from pollutants. Nancy Castle addressed the upcoming 4th of July festivities and requested community involvement and donations. Vice -Mayor Elliott closed the public comment hearing. Councilmember Crotzer requested a resolution in support of Senate Bill 15 relating to the Firearms Legislation be agendized. Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. • A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS OF FEBRUARY 22, 1999 AND MARCH 8, 1999; (ADMIN) RECOMMENDATION: Approve as submitted. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 22, 1999 A-2 CASH & INVESTMENT REPORT - FEBRUARY 1999; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - FEBRUARY 1999; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 22-99 ADOPTING MID -YEAR BUDGET APPROPRIATIONS; (FINANCE) RECOMMENDATION: Adopt Resolution No. 22-99. A-5 RESOLUTION NO. 23-99 AUTHORIZING THE EXECUTION OF RESOURCES AGENCY GRANT FOR CITY DOCK, AND RESOLUTION NO. 24-99 AMENDING FISCAL YEAR 1998/99 BUDGET TO AUTHORIZE • APPROPRIATION FOR CITY DOCK PROJECT; (HARBOR) RECOMMENDATION: Adopt Resolution Nos. 23-99 and 24-99. A-6 RESOLUTION NO. 19-99 AWARDING CONTRACT FOR FRONT STREET PARKING LOT; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 19-99 awarding contract for Front Street Parking Lot to the Sanchez Company in the amount of $74,288 and appropriate funds for the project from the Parking -In Lieu Fund. A-7 RESOLUTION NO. 21-99 REQUESTING AN EXTENSION OF TIME FOR ACCEPTANCE OF THE COASTAL COMMISSION'S MODIFIED LANGUAGE PERTAINING TO LOCAL COASTAL PROGRAM MAJOR AMENDMENT NO. 1-97: WATER ALLOCATION; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 21-99. A-8 RESOLUTION NO. 20-99 ADOPTING FINDINGS AND GRANTING AN AWARD OF WATER EQUIVALENCY UNITS TO THE MATURE ADULT DAY ASSISTANCE PROGRAM: MAYDAY; (PUBLIC SERVICES) • RECOMMENDATION: Adopt Resolution No. 20-99. 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 22, 1999 A-9 DESIGNATION AND TERMS OF NEWLY -APPOINTED COMMUNITY PROMOTIONS COMMITTEE MEMBERS; (ADMIN) RECOMMENDATION: Review and approve designation and terms of newly - appointed Community Promotions Committee Members. A-10 PROCLAMATION DECLARING APRIL 17, 1999 AS "ARBOR DAY'; (RECREATION & PARKS) RECOMMENDATION: Adopt Proclamation. A-11 PROCLAMATION IN RECOGNITION OF SERGEANT DALE SALYER'S RETIREMENT; (POLICE) RECOMMENDATION: Adopt Proclamation. is Calendar; Peirce pulled Items A-6, A-7, and A-8 be pulled from the Consent Calendar; and Councilmember Peters pulled Item A-10 MOTION: Councilmember Crotzer moved the City Council approve the Consent Calendar with the exception of Items A-6, A-7, A-8, and A-10. The motion was seconded by Councilmember Peters and carried unanimously. (4-0) A-6 RESOLUTION NO. 19-99 AWARDING CONTRACT FOR FRONT STREET PARKING LOT Councilmember Peirce requested clarification on the irregularity addressed in the staff report. Capital Projects Coordinator Bill Boucher responded a bid irregularity is anything contrary to the directions provided in the project specifications. He said the irregularity on this project was the proposal was returned differently than how it was sent out. Councilmember Peters asked if the bidder is fully aware of the project requirements when submitting a bid. Mr. Boucher responded the bidders received a complete package including the project requirements. Councilmember Crotzer addressed the paving of this parking lot, and stated he supports a • water -permeable paving system. C! b] MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 22, 1999 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. (4-0) A-7 RESOLUTION NO. 21-99 REQUESTING AN EXTENSION OF TIME FOR ACCEPTANCE OF THE COASTAL COMMISSION'S MODIFIED LANGUAGE PERTAINING TO LOCAL COASTAL PROGRAM MAJOR AMENDMENT NO. 1-97: WATER ALLOCATION Councilmember Peirce asked what would happen if the extension were not granted. Interim Planning Director Shauna Nauman responded without a time extension a decision would be due by May 4th to accept or reject the modifications. She said this allows the City a time buffer in order to review the Coastal Commission's modified language. MOTION: Councilmember Peirce moved the City Council approve Item A-7 of the • Consent Calendar. The motion was seconded by Vice -Mayor Elliott and carried unanimously. (4-0) A-8 RESOLUTION NO. 20-99 ADOPTING FINDINGS AND GRANTING AN AWARD OF WATER EQUIVALENCY UNITS TO THE MATURE ADULT DAY ASSISTANCE PROGRAM: MAYDAY Councilmember Peirce expressed his support in waiving the fees for this program; Council concurred. Interim Planning Director Shauna Nauman noted an amendment to Resolution No. 20-99. MOTION: Councilmember Crotzer moved the City Council approve Item A-8 of the Consent Calendar as amended. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) A-10 PROCLAMATION DECLARING APRIL 17, 1999 AS "ARBOR DAY" Councilmember Peters announced the Arbor Day festivities planned for public information. • MOTION: Councilmember Peters moved the City Council approve Item A-10 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 22, 1999 Vice -Mayor Elliott called for a break at 7:06 p.m.; the meeting resumed at 7:16 p.m. B-1 RESOLUTION NO. 18-99 APPROVING THE LOCAL COASTAL PLAN/GENERAL PLAN TEXT AND MAP AMENDMENTS, AND ORDINANCE NO. 478 APPROVING THE ZONING TEXT AND ZONING MAP AMENDMENTS; (FIRST READING/INTRODUCTION): CASE NO. GP/LCP/ZO AMENDMENT 01-97 - COLMER/CARATAN; (PUBLIC SERVICES) City Planner Robert Malone reviewed the plan as discussed by the City Council at their March 8, 1999 meeting, and recommended the City Council open the public hearing for public testimony, adopt Resolution No. 18-99 approving the Local Coastal Plan/General Plan, and approve the first reading and introduction of Ordinance No. 478 approving the • zoning text and zoning map amendments for Case No. GP/LCP/ZO Amendment 01-97; Colmer/Caratan project. Vice -Mayor Elliott opened the hearing for public comment. Wayne Colmer, applicant, requested Council's consideration and approval of this project. Vice -Mayor Elliott closed the public comment hearing. MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 18- 99 approving the Local Coastal Plan/General Plan Land Use Element and Circulation Element amendments. The motion was seconded by Councilmember Peters and carried unanimously. (4-0) MOTION: Councilmember Crotzer moved the City Council approve the first reading and introduction of Ordinance No. 478 approving the zoning text and zoning map amendments for Case No. GP/LCP/ZO Amendment 0 1 -97 by number and title. The motion was seconded by Councilmember Peters and carried unanimously. (4-0) City Manager David Cole read Ordinance No. 478 by number and title. • MOTION: Councilmember Peters moved the City Council continue this item to the April 12, 1999 Council meeting for the second reading and adoption of Ordinance No. 478. The motion was seconded by Councilmember Crotzer and carried unanimously. (4-0) 6 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 22, 1999 C. UNFINISHED BUSINESS C-1 CONSIDERATION OF RECOMMENDATION CONCERNING THE FOUR- WAY STOP SIGNS ON MORRO BAY BOULEVARD; (PUBLIC SERVICES) Interim Staff Engineer Larry McPherson stated the City Council adopted Resolution No. 40-97 on June 9, 1997 providing for stop signs on Morro Bay Boulevard at Monterey and Shasta Avenues. He said prior to that action, stop signs were placed at the Napa Avenue and Piney Way intersections. Mr. McPherson stated there may be liability potential if the Morro Bay Boulevard stop signs are removed and recommended they not be removed. Councilmember Crotzer stated he supports staffs recommendation based on the safety of pedestrians. Vice -Mayor Elliott stated the intent of pedestrian safety is a valid issue. • Councilmember Peters stated she supports the removal of the stop signs. Councilmember Peirce stated originally there was a larger scale plan for improvements along Morro Bay Boulevard which included stop signs. He said he would like to see some of the other improvements to materialize. MOTION: Councilmember Peirce moved the City Council approve staffs recommendation to maintain the stop signs on Morro Bay Boulevard. The motion was seconded by Vice -Mayor Elliott and carried with Councilmember Peters voting no. (3-1) L�►[�i1�f.Y1�l_�I.Yc�►[�1►1�1 G , 03I8111 00 e y The meeting adjourned at 7:34 p.m. Recorded by: • Bridgett Bauer City Clerk 7 City of Morro Bay City Council Agenda Mission statement The City of Morro Bay is dcdimted to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and wffl provide a level of municipal service and safety consistent with and responsive to the nos of the public. REGULAR MEETING - MARCH 8,1999; 5:00 P.M. CLOSED SESSION - MARCH 8, 1999 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 549569(A); CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION • DOMENGHINI V. CITY OF MORRO BAY• SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV 980400 CS-2 GOVERNMENT CODE SECTION 54956.9(C); CONFERENCE WITH LEGAL COUNSEL DUE ANTICIPATED LITIGATION DISCUSS WITH LEGAL COUNSEL, BASED ON EXISTING FACTS, WHETHER TO INITIATE LITIGATION AS TO ONE'(1) MATTER. • 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 TWO (2) PARCELS. PROPERTY: DEN DULK/KING PROPERTY NEGOTIATING PARTIES: JOHN KING AND CITY OF MORRO BAY NEGOTIATIONS: VOLUNTARY PURCHASE AND SALE PROPERTY: LEASE SITE 89/89W NEGOTIATING PARTIES: KURT STEINMANN AND CITY OF MORRO BAY NEGOTIATIONS: RENEGOTIATION AND WAIVER OF TERMS.AND CONDITIONS OF CURRENT AGREEMENTS DUE TO FIRE DAMAGE CS4 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 INSTRUCTIONS TO THE DESIGNATED • REPRESENTATIVE IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. 6 PUBLIC SESSION - MARCH 8, 1999 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 8, 1999; (ADMIN) RECOMMENDATION: Approve as submitted. A-2 MID -YEAR BUDGET REVIEW; (FINANCE) • RECOMMENDATION: Consider the financial information and funding recommendation, and direct staff of any necessary changes. • A-3 AUTHORIZATION TO PROCEED WITH INVITATION TO BID FOR PURCHASE OF ONE NEW TROLLEY; (PUBLIC SERVICES) RECOMMENDATION: Authorize staff to proceed with the invitation to bid process for the purchase of one new trolley. A-4 APPROVAL OF CONTRACT WITH CAROLLO ENGINEERS TO PERFORM A STUDY ON WASTEWATER RECLAMATION ALTERNATIVES; (PUBLIC SERVICES) RECOMMENDATION: Approve and authorize the Mayor to execute a contract for professional services with Carollo Engineers to perform a wastewater reclamation study as a requirement of the Regional Water Quality Board's condition for the issuance of a wastewater discharge permit; and, it is also requested that $69,000 be appropriated from the Wastewater Reserve Fund for the City's share of this contract cost. A-5 SIGN EXCEPTION FEE WAIVER REQUEST BY ST. PETERS EPISCOPAL CHURCH; (PUBLIC SERVICES) RECOMMENDATION: Deny the fee waiver request made by St. Peters • Episcopal Church for a Sign Exception Permit. A-6 RESOLUTION NO. 19-99 MODIFYING THE FIRE DEPARTMENT PARAMEDIC HIRING REQUIREMENTS FOR RESERVE FIREFIGHTERS RECOMMENDATION: Adopt Resolution No. 19-99 conditionally waiving the requirement of paramedic licensure as a pre -employment condition for City' fire service employment for qualified reserve firefighters. A-7 PROCLAMATION DECLARING MARCH 18, 1999 AS "ABSOLUTELY INCREDIBLE KID DAY"; (ADMIN) RECOMMENDATION: Adopt proclamation. B-1 GENERAL PLAN, LOCAL COASTAL PLAN AND ZONING ORDINANCE AMENDMENT PACKAGE PRIVATELY INITIATED BY WAYNE COLMER TO REZONE THE PROPERTIES BORDERED BY SOUTH STREET, MAIN STREET, OLIVE STREET AND THE EMBARCADERO FROM COMMERCIAL VISITOR SERVING (C-VS) TO RESIDENTIAL MEDIUM • DENSITY (R-2); (PUBLIC SERVICES) RECOMMENDATION: Discuss and take final action, or direct staff accordingly. • C. UNFINISHED BUSINESS C-1 CONSIDERATION OF RECOMMENDATION CONCERNING THE FOUR- WAY STOP SIGNS ON MORRO BAY BOULEVARD; (PUBLIC SERVICES) RECOMMENDATION: Four-way stop signs placed on Morro Bay Boulevard that did not meet original warrants for their installation should not be removed at this time. 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. r1 U • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - MARCH 8, 1999 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: David Cole Robert Schultz Rick Algert Robert Hendrix Jim Koser Steve Sylvester City Manager City Attorney Harbor Director Interim Public Works Director Finance Director Engineer • 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. K•]�/ �I'7�fui.•f►il�K•7 iJ_��C _ • ► . ' , ' •T•7►1.OQ �L•I��.'1_Yy I CS-2 GOVERNMENT CODE SECTION 54956.9(C): CONFERENCE WITH LEGAL COUNSEL DUE ANTICIPATED LITIGATION. DISCUSS WITH LEGAL COUNSEL, BASED ON EXISTING FACTS, WHETHER TO INITIATE LITIGATION AS TO ONE (1) MATTER. 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 TWO (2) PARCELS. 0 • • PROPERTY: DEN DULK/KING PROPERTY NEGOTIATING PARTIES: JOHN KING AND CITY OF MORRO BAY NEGOTIATIONS: VOLUNTARY PURCHASE AND SALE • PROPERTY: LEASE SITE 89/89W NEGOTIATING PARTIES: KURT STEINMANN AND CITY OF MORRO BAY NEGOTIATIONS: RENEGOTIATION AND WAIVER OF TERMS AND CONDITIONS OF CURRENT AGREEMENTS DUE TO FIRE DAMAGE CS-4 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 INSTRUCTIONS TO THE DESIGNATED REPRESENTATIVE. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:54 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 to regular session at 5:54 p.m.; and reconvened to closed session at 11:00 p.m. MOTION: Councilmember Peirce moved the City Council adjourn to Closed Session. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) MOTION: Councilmember Crotzer moved the meeting be adjourned. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) The meeting adjourned at 1 1:43 p.m. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, 1999 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: David Cole Robert Schultz Rick Algert Bridgett Bauer Janeen Burlingame Robert Hendrix Jeff Jones Jim Koser Joe Loven Andrea Lueker Lawrence McPherson Shauna Nauman Steve Sylvester City Manager City Attorney Harbor Director City Clerk Administrative Assistant InterimPublic Works Director Fire Chief Finance Director Police Chief Recreation & Parks Director Interim Staff Engineer Interim Planning&Building Director Engineer 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 to review Closed Session items and took the following action: 1) CS-1: Government Code Section 54956 9(A): Conference with Legal Counsel Regarding Pending Litigation - No action was taken. 2) CS-4: Government Code Section 54957.61 Conference with Labor e i t - No action was taken. 3) CS-2: Government Code Section 54956 9(C); Conference with Legal Counsel Due Anticipated Litigation; and CS-3: Government Code Section 54956.8: Real Property Transactions - Continued and adjourned to regular session. 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, 1999 Betty Winholtz requested the City Council approve the airing of the school board meetings on Channel 54. The following people requested the City Council approve the request for a fee waiver for a sign exception permit at St. Peter's Episcopal Church: Ellen Pool, John Baker, and Diane Ludin. Gary Anondson, President of the Mono Bay Fire Fighters Association, requested the City Council approve Item No A-6 (Resolution No. 19-99 Modifying the Fire Department Paramedic Hiring Requirements for Reserve Firefighters). Wally McCray announced merit awards for those who initiated and volunteered on the downtown improvement project. Is Grace Melton reported on the Mono Bay tree programs and volunteerism in the City. Greg Haskell, Reserve Firefighter, also requested City Council support on Item A-6. • Mayor Anderson closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Crotzer requested discussion on airing all school board meetings on Channel 54. 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 8, 1999; (ADMIN) RECOMMENDATION: Approve as submitted. M • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, 1999 A-2 MID -YEAR BUDGET REVIEW; (FINANCE) RECOMMENDATION: Consider the financial information and funding recommendation, and direct staff of any necessary changes. A-3 AUTHORIZATION TO PROCEED WITH INVITATION TO BID FOR PURCHASE OF ONE NEW TROLLEY; (PUBLIC SERVICES) RECOMMENDATION: Authorize staff to proceed with the invitation to bid process for the purchase of one new trolley. A-4 APPROVAL OF CONTRACT WITH CAROLLO ENGINEERS TO PERFORM A STUDY ON WASTEWATER RECLAMATION ALTERNATIVES; (PUBLIC SERVICES) RECOMMENDATION: Approve and authorize the Mayor to execute a contract for professional services with Carollo Engineers to perform a wastewater • reclamation study as a requirement of the Regional Water Quality Board's condition for the issuance of a wastewater discharge permit; and, it is also requested that $69,000 be appropriated from the Wastewater Reserve Fund for the City's share of this contract cost. A-5 SIGN EXCEPTION FEE WAIVER REQUEST BY ST. PETERS EPISCOPAL CHURCH; (PUBLIC SERVICES) RECOMMENDATION: Deny the fee waiver request made by St. Peters Episcopal Church for a Sign Exception Permit. A-6 RESOLUTION NO. 19-99 MODIFYING THE FIRE DEPARTMENT PARAMEDIC HIRING REQUIREMENTS FOR RESERVE FIREFIGHTERS RECOMMENDATION: Adopt Resolution No. 19-99 conditionally waiving the requirement of paramedic ►icensure as a pre -employment condition for City fire service employment for qualified reserve firefighters. A-7 PROCLAMATION DECLARING MARCH 18, 1999 AS "ABSOLUTELY INCREDIBLE KID DAY'; (ADMIN) • RECOMMENDATION: Adopt proclamation. 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, 1999 Councilmember Peirce pulled Items A-2, A-3, and A-5 from the Consent Calendar; Mayor Anderson pulled Item A-4; and Councilmember Peters pulled Item A-6. MOTION: Councilmember Crotzer moved the City Council approve Items A-1 and A-7 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-2 MID -YEAR BUDGET REVIEW; (FINANCE) Councilmember Peirce requested staff summarize the mid -year budget assessment for public information. Finance Director Jim Koser reviewed the financial information and funding recommendation for the mid -year budget for fiscal year 1998/99. MOTION: Councilmember Peirce moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) • A-3 AUTHORIZATION TO PROCEED WITH INVITATION TO BID FOR PURCHASE OF ONE NEW TROLLEY; (PUBLIC SERVICES) Councilmember Elliott stated the SLOCOG/SLORTA Committee recommend the purchase of a diesel -powered trolley due to longevity and it is economical to run. He does not support the purchase of a vehicle which appears to be a bus rather than an open- air trolley. Administrative Assistant Janeen Burlingame addressed the concerns noted by Councilmember Elliott. Council consensus was they would prefer the purchase of an open-air trolley with the least polluting and most efficient engine. Mayor Anderson requested staff return this item to Council at an upcoming City Council meeting addressing the issues brought forward. No further action was taken on this item. • 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, 1999 A-4 APPROVAL OF CONTRACT WITH CAROLLO ENGINEERS TO PERFORM A STUDY ON WASTEWATER RECLAMATION ALTERNATIVES; (PUBLIC SERVICES) Interim Staff Engineer Lary McPherson noted corrections relating to the contract costs which were incorrect in the staff report. Interim Public Works Director Robert Hendrix recommended adding sentence #3 to read: "The City's actual share of cost be based on current flow into the plant". MOTION: Mayor Anderson moved the City Council approve Item A-4 of the Consent Calendar as amended. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-5 SIGN EXCEPTION FEE WAIVER REQUEST BY ST. PETERS EPISCOPAL CHURCH; (PUBLIC SERVICES) • Councilmember Peters asked when the original sign was erected and when it was removed. Interim Planning & Building Director Sharma Nauman stated the actual application for the sign exception permit has not yet been applied for, and she does not have the history of the previous sign. She said the only request at this time has been for a fee waiver. John Baker, representing St. Peters Episcopal Church, stated the original sign was located on the corner of Driftwood and Main Streets during the time when there was no sign ordinance in the City. MOTION: Councilmember Peters moved the City Council deny the fee waiver request for the sign exception permit at St. Peter's Episcopal Church. The motion was seconded by Councilmember Crotzer and carried with Councilmember Peirce voting no. (4-1) A-6 RESOLUTION NO. 19-99 MODIFYING THE FIRE DEPARTMENT PARAMEDIC HIRING REQUIREMENTS FOR RESERVE FIREFIGHTERS Councilmember Peters questioned the constitutionality of applying this request to reserve firefighters only. 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, 1999 Fire Chief Jeff Jones stated this would allow the opportunity for interested and qualified reserve firefighters currently volunteering for the City to be considered as a probationary firefighter without having attained paramedic licensure. Councilmembers Crotzer and Elliott stated paramedic credentials should be obtained prior to applying for a job as a firefighter. Mayor Anderson stated it would be nice to be able to hire within the reserve firefighters due to their dedication, however, it would not be a benefit to the City during the 8-10 weeks while they are gone obtaining their paramedic credentials. MOTION: Councilmember Peters moved to continue this item to a future City Council meeting. The motion died for lack of a second. • MOTION: Councilmember Elliott moved the City Council deny the request to waive the requirement of paramedic licensure for current and tenured reserve firefighters as a pre -condition for City fire service employment. The motion was seconded by Councilmember Crotzer and carried with Councilmember Peirce and Councilmember Peters voting no. (3-2) • Mayor Anderson called for a break at 7:35 p.m.; the meeting resumed at 7:53 p.m. B-I GENERAL PLAN, LOCAL COASTAL PLAN AND ZONING ORDINANCE AMENDMENT PACKAGE PRIVATELY INITIATED BY WAYNE COLMER TO REZONE THE PROPERTIES BORDERED BY SOUTH STREET, MAIN STREET, OLIVE STREET AND THE EMBARCADERO FROM COMMERCIAL VISITOR SERVING (C-VS) TO RESIDENTIAL MEDIUM DENSITY (R-2); (PUBLIC SERVICES) Interim Planning & Building Director Shauna Nauman introduced Robert Malone, City Planner who presented the staff report and history of the Caratan/Colmer project to the City Council, and recommended Council discuss and take final action, or direct staff accordingly. q • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, 1999 Wayne Colmer, applicant, stated that he originally planned developing Parcel No. 1, and was requested by the City to allow for public improvements including the emergency access road down to the Embarcadero. He said his main request tonight is for rezoning of the project site to R-2, including the blufftop. Louis Caratan, original property owner, stated his family was notified by the City about 15 years ago for permission to rezone the property in order to build a conference center at this location. He said his family is currently in escrow with Mr. Colmer in order to develop the property, and requested the City Council consider the request for rezoning. Mayor Anderson opened the hearing for public comment. The following people expressed support for the rezoning request, and opposition to the extension road down to the Embarcadero: Lionel Johnston, Dave Nelson, Robert Blake, Murray Artsmann, Jean Goodrich, Dorothy Cutter, Doc Kleckner, Lloyd Reeves, Bill Raflowski, Tish Tefft, John Bafford, Jack McCurdy, Rosemary Kranz, Bob Kleckner, • Nelson Sullivan, Jeff O'Dell, Mary Green, Kevin Kilpatrick, Betty Winholtz, Kim Glinka, Mickey Carlson, and Nancy Bast. • The following people expressed support for the road extension: John Barta and Harry Rogers. Mayor Anderson closed the public comment hearing. Mayor Anderson called for a break at 10:02 p.m.; the meeting resumed at 10:12 p.m. Councilmember Elliott stated he supports the rezoning of the property to residential, maintaining the blufflop as undeveloped open space, and leave Morro Avenue as is. He said he also supports a marine haul -out facility to assist the commercial fishing industry at the north end of the Embarcadero which would alleviate parking congestion at Tidelands Park. Councilmember Crotzer stated he supports maintaining the residential atmosphere of this site with R-1/R-2 zoning. He said the blufflop is a precious resource and should be maintained as open space. Councilmember Crotzer addressed the concerns of the cultural resources in this area such as the trees, habitat for endangered species such as the monarch butterflies, and historical background of the Native American people who were here. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, 1999 Councilmember Peirce stated he supports low -density R-1/R-2 zoning, and opposes the extension road to the Embarcadero. Councilmember Peters stated she appreciates what the applicant has done in complying with the process, and what the Planning Department and Planning Commission has done in assisting the applicant in complying with the requirements, as well as the public's testimony. She said she agrees with the other Councilmembers in supporting the rezoning of the property, and maintaining the blufftop and Morro Avenue as it is now. Mayor Anderson stated he supports the rezoning of the entire Caratan property to R-2 with some mitigation o� R-1 zoning on the west side of Morro Street. He also opposes the extension road to the Embarcadero. The consensus of the City Council was to maintain the existing streets with no changes and not approving the road extension to the Embarcadero; and approve the rezoning of the project site to R-2 on the interior property, and R-1 on the west side of the property. • MOTION: Councilmember Crotzer moved the City Council direct staff to modify draft Resolution No. 18-99 amending the Local Coastal Plan/General Plan, and draft Ordinance No. 478 amending the Zoning Ordinance (Chapter 17 of the Morro Bay Municipal Code) as directed by Council; and further direct staff to continue this item as a public hearing to the March 22, 1999 City Council meeting for the adoption of Resolution No. 18-99, and approve the first reading and introduction of Ordinance No. 478. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) P C. UNFINISHED BUSINESS C-1 CONSIDERATION OF RECOMMENDATION CONCERNING THE FOUR- WAY STOP SIGNS ON MORRO BAY BOULEVARD; (PUBLIC SERVICES) MOTION: Councilmember Elliott moved the City Council continue this item to the March 22, 1999 Council meeting. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) 10 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 8, 1999 F. ADJOURNMENT MOTION: Councilmember Peirce moved the City Council adjourn to Closed Session. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) The meeting adjourned to Closed Session at 10:50 p.m. Recorded by: Bridgett Bauer City Clerk • 0 0 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Meeting on Thursday_, February 25,1999 at 6:00 p•m• to be held at the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be conducting interviews to fill vacancies on City Advisory Boards. DATED: February 18, 1999 Bridgett B uer, City Clerk MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - THURSDAY, FEBRUARY 25, 1999 CITY HALL CONFERENCE ROOM - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m. PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager Mayor Anderson called the meeting to order at 6:00 p.m. Mayor Anderson stated Doris Mace has another commitment this evening and requested she be interviewed first; Council concurred. The City Council interviewed the following applicants for the Community Promotions Committee, Harbor Advisory Board and Public Works Advisory Board: Doris Mace (HAB), Ed Biaggini (CPC), Penny Gallman (CPC), Jody Giannini (HAB), Stanley Grabowski (HAB), Don Lockwood (HAB), Rick Grantham (PWAB), Ann Patton (PWAB) and William Woodson (PWAB). Mayor Anderson called for a break at 7:30 p.m.; the meeting resumed at 7:43 p.m. 18d T 1_ . .qI .1 .1111 M The City Council voted as follows: Mayor Anderson: Ed Biaggini Councilmember Crotzer: Ed Biaggini Councilmember Elliott: Councilmember Peirce: Ed Biaggini Ed Biaggini Councilmember Peters: Ed Biaggini Consensus of the City. Council was to appoint Ed Biaggini a three-year term as the Chamber of Commerce representative on the Community Promotions Committee. The City Council voted as follows: Recreational Beating Marine -Oriented Business Member At -Large Mayor Anderson: Don Lockwood Jody Giannini Doris Mace Councilmember Crotzer: Don Lockwood Jody Giannini Stanley Grabowski Councilmember Elliott: Don Lockwood Jody Giannini Doris Mace Councilmember Peirce: Don Lockwood Jody Giannini Doris Mace Councilmember Peters: Don Lockwood Jody Giannini Doris Mace Consensus of the City Council was to appoint the following applicants to the Harbor Advisory Board: Don Lockwood (Recreational Boating) to a four-year term; Jody Giannini (Marine -Oriented Business) to a four-year term; and Doris Mace (Member at Large) to a two-year term. 1' C. Public Work&Ad�dmw BoardIl-yaca-F.cv) The City Council voted as follows: Mayor Anderson: Rick Grantham Councilmember Crotzer: William Woodson Councilmember Elliott: William Woodson Councilmember Peirce: William Woodson Councilmember Peters: Ann Patton Consensus of the City Council was to appoint William Woodson to a one-year term on the Public Works Advisory Board. The meeting adjourned at 8:44 p.m. • 2 City of Morro Bay City Council Agenda Mission Statement 77m Cagy of Morro Bay is dedicoted to rite preservation and enhwuwnent of the quality of ti fe. The City shun be committed to this purpose and wnl provide a level of mun=pd serviceand sa f iy consistent with and responsive to the nerds of the public. REGULAR MEETING - FEBRUARY 22, 1999 VETERANS MEMORIAL HALL - 6:0,0 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. a All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. o No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. 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 • 25, 1999; (ADMIN) RECOMMENDATION: Approve as submitted. • A-2 STATEMENT OF CASH AND INVESTMENTS-JANUARY 1999; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - JANUARY 1999; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 DESTINATION 2000 REPORT UPDATE; (ADMIN) RECOMMENDATION: Receive for information. A-5 AUTHORIZATION TO PURCHASE TWO REPLACEMENT LIFT PUMPS FOR EMBARCADERO SEWAGE LIFT STATION; RECOMMENDATION: Authorize the purchase and installation of two lift pumps for the Embareadero Sewage Lift Station. A-6 RESOLUTION NO. 15-99 AUTHORIZING PURCHASE OF TWO NEW DIAL - A -RIDE VEHICLES; (PUBLIC WORKS) is RECOMMENDATION: Adopt Resolution No. 15-99. A-7 RESOLUTION NO. 14-99 ADOPTING DRUG & SUBSTANCE ABUSE POLICY FOR THE POLICE DEPARTMENT; (POLICE) RECOMMENDATION: Adopt Resolution No. 14-99. A-8 RESOLUTION NO. 13-99 ADOPTING GUIDELINES FOR THE SELECTION OF ADVISORY BOARD MEMBERS; (ADMIN) RECOMMENDATION: Adopt Resolution No. 13-99. A-9 RESOLUTION NO. 17-99 APPROVING AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF YOUTH AUTHORITY FOR RENOVATION OF A TEEN CENTER; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 17-99. A-10 AUTHORIZATION FOR MAYOR TO ATTEND THE ANNUAL CMANC CONFERENCE IN WASHINGTON, D.C.; (HARBOR) RECOMMENDATION: Approve travel expenses from Harbor Department is funds for Mayor to attend C-MANC'S Washington Week meetings. 2 11 • A-11 RESOLUTION NO. 16-99 AUTHORIZING THE EXTENSION OF THE SERVICES OF THE INTERIM STAFF ENGINEER; (PUBLIC WORKS) RECOMMENDATION: Adopt Resolution No. 16-99. A-12 PROCLAMATION DECLARING FEBRUARY 23, 1999 AS "SPAY DAY USA"; (ADMIN) RECOMMENDATION: Adopt proclamation. B. PUBLIC HEARINGS REPORTS & APPEARANCES - NONE. C-1 ORDINANCE NO. 475 ADDING CHAPTER 5.40 TO THE MORRO BAY MUNICIPAL CODE REGULATING THE SOLICITATION OF BUSINESS AND DISTRIBUTION OF ADVERTISING MATERIAL - SECOND READING/ ADOPTION; (POLICE) RECOMMENDATION: D. NEW BUSINESS Adopt Ordinance No. 475. D-1 DISCUSSION ON CREATING AN OUTREACH COMMITTEE TO ASSIST IN ENCOURAGING PARTICIPATION IN THE GENERAL PLAN/LOCAL COASTAL PLAN UPDATE PROCESS; (COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1999 VETERANS MEMORIAL HALL - 6:00 P.M. • 0 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: David Cole Robert Schultz Bridgett Bauer Janeen Burlingame Rick Algert Robert Hendrix Jeff Jones Jim Koser Joe Loven Andrea Lueker Lawrence McPherson Shauna Nauman ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - None. [I.11•i[ • City Manager City Attorney City Clerk Administrative Assistance Harbor Director InterimPublic Works Director Fire Chief Finance Director Police Chief Recreation & Parks Director Interim Staff Engineer Interim Planning&Building Director Gail King addressed Council regarding issues related to her property on La Jolla Street. Steve Goschke, Manager of the Morro Bay Power Plant Production Superintendent, extended an invitation to an Open House being held by Duke Energy on March 25, 1999 at the power plant. Warren Hosey addressed Council on difficult handicap parking locations in the City. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1999 DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peters requested an update report relating to the stop signs located on Morro Bay Boulevard, and the placement of stop signs at the intersection of Radcliffe and Main Street. Councilmember Crotzer requested an update report on ADA compliance in the City. 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 25, 1999; (ADMIN) RECOMMENDATION: Approve as submitted. • A-2 STATEMENT OF CASH AND INVESTMENTS-JANUARY 1999; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - JANUARY 1999; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 DESTINATION 2000 REPORT UPDATE; (ADMIN) RECOMMENDATION: Receive for information. A-5 AUTHORIZATION TO PURCHASE TWO REPLACEMENT LIFT PUMPS FOR EMBARCADERO SEWAGE LIFT STATION; RECOMMENDATION: Authorize the purchase and installation of two lift pumps for the Embarcadero Sewage Lift Station. A-6 RESOLUTION NO. 15-99 AUTHORIZING PURCHASE OF TWO NEW DIAL - A -RIDE VEHICLES; (PUBLIC WORKS) • RECOMMENDATION: Adopt Resolution No. 15-99. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1999 A-7 RESOLUTION NO. 14-99 ADOPTING DRUG & SUBSTANCE ABUSE POLICY FOR THE POLICE DEPARTMENT; (POLICE) RECOMMENDATION: Adopt Resolution No. 14-99. A-8 RESOLUTION NO. 13-99 ADOPTING GUIDELINES FOR THE SELECTION OF ADVISORY BOARD MEMBERS; (ADMIN) RECOMMENDATION: Adopt Resolution No. 13-99. A-9 RESOLUTION NO. 17-99 APPROVING AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF YOUTH AUTHORITY FOR RENOVATION OF A TEEN CENTER; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 17-99. • A-10 AUTHORIZATION FOR MAYOR TO ATTEND THE ANNUAL CMANC CONFERENCE IN WASHINGTON, D.C.; (HARBOR) RECOMMENDATION: Approve travel expenses from Harbor Department funds for Mayor to attend C-MANC'S Washington Week meetings. A-11 RESOLUTION NO. 16-99 AUTHORIZING THE EXTENSION OF THE SERVICES OF THE INTERIM STAFF ENGINEER; (PUBLIC WORKS) RECOMMENDATION: Adopt Resolution No. 16-99. A-12 PROCLAMATION DECLARING FEBRUARY 23, 1999 AS "SPAY DAY USA'; (ADMIN) RECOMMENDATION: Adopt proclamation. Mayor Anderson pulled Items A-1 and A-7 from the Consent Calendar; Councilmember Peters pulled Items A-4, A-5, A-8, A -I I and A-12; Councilmember Crotzer pulled Items A-6 and A-10; and Councilmember Elliott pulled Item A-9. 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) 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1999 A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF JANUARY 25, 1999; (ADMIN) Mayor Anderson stated he will be abstaining from voting on the minutes of January 25, 1999 since he was absent. 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 Mayor Anderson abstaining. (4-0-1) A-4 DESTINATION 2000 REPORT UPDATE; (ADMIN) Councilmember Peters noted for clarification that she did not serve on the Destination 2000 Committee. She said additional meeting and conference facilities is something to consider for future goals for the City. • Councilmember Crotzer stated the Destination 2000 report seems timely in goals being met, and requested new advisory board members receive a copy of this report. Mayor Anderson stated the goals which have been met is a tribute to the community. MOTION: Councilmember Peters moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) A-5 AUTHORIZATION TO PURCHASE TWO REPLACEMENT LIFT PUMPS FOR EMBARCADERO SEWAGE LIFT STATION; Councilmember Peters asked what the funding source is for this purchase. Interim Public Works Director Robert Hendrix responded this cost is not currently budgeted, however, there is a source of funding through the collection reserves, and a budget adjustment will be necessary at the mid -year budget review. Councilmember Elliott asked if there is a way to track this sort of emergency situation. Mr. Hendrix responded a planned replacement tracking program should be developed. Councilmember Peirce asked about the proposed plan for this lift station. Mr. Hendrix stated the purchase of these pumps is buying time in order to redesign the lift station. • Mayor Anderson stated it is due time for the purchase of these replacement lift pumps. n • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1999 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. (5-0) A-6 RESOLUTION NO. 15-99 AUTHORIZING PURCHASE OF TWO NEW DIAL - A -RIDE VEHICLES; (PUBLIC WORKS) Councilmember Crotzer asked what types of vehicles are proposed for purchase. Administrative Assistant Janeen Burlingame responded the vehicles will be similar to the Dial -A -Ride vehicles the City already has which are gas powered. MOTION: Councilmember Crotzer moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-7 RESOLUTION NO. 14-99 ADOPTING DRUG & SUBSTANCE ABUSE POLICY • FOR THE POLICE DEPARTMENT; (POLICE) Mayor Anderson stated this policy is not a legislative mandate, but is a policy issued by the City of Morro Bay Police Department. MOTION: Mayor Anderson moved the City Council approve Item A-7 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) A-8 RESOLUTION NO. 13-99 ADOPTING GUIDELINES FOR THE SELECTION OF ADVISORY BOARD MEMBERS; (ADMIN) Councilmember Peters stated she will be voting in opposition to the adoption of these guidelines, most specific Item #9 referring to the airing of the interviews gavel to gavel, because she does not feel deliberations should be broadcast. MOTION: Mayor Anderson moved the City Council approve Item A-8 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried with Councilmember Peters voting no. (4-1) 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1999 A-9 RESOLUTION NO. 17-99 APPROVING AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF YOUTH AUTHORITY FOR RENOVATION OF A TEEN CENTER; (RECREATION & PARKS) Councilmember Elliott expressed concern with the grant requirement that the use of the teen center facility must be maintained for ten years. He also asked how the staffing of this teen center is going to be funded. Recreation & Parks Director Andrea Lueker reviewed the application requirements, and noted it is correct that this facility does need to be designated as a teen center for ten years. She said there may be grants to cover costs of administering this program, as well as the use of volunteers. Councilmember Crotzer stated a teen center in the City has been an expressed need and goal for a long time. Councilmember Peirce asked if staff is comfortable with the operating standards. Ms. Lueker responded there are several groups that are working on the organization and • receiving feedback on this project. Councilmember Peters stated there should not be a concern with the ten year provision of maintaining this facility as a teen center because there are so many needs in the City that there are no expected funds that will arise to provide another facility. Mayor Anderson stated with the approval of the grant, an extensive remodel will take place to this facility. He said this commitment is due to the teens in Morro Bay. MOTION: Mayor Anderson moved the City Council approve Item A-9 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) A-10 AUTHORIZATION FOR MAYOR TO ATTEND THE ANNUAL CMANC CONFERENCE IN WASHINGTON, D.C.; (HARBOR) Councilmember Crotzer stated the City pays for a lobbyist to represent the City in front of Congress, and he does not see the need to continue sending a City representative as well. Councilmember Peters stated it is vital for local representation in Washington, D.C. to maintain funding for the harbor. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1999 Councilmember Elliott stated the League of California Cities magazine also expressed the importance of local representation at events such as the CMANC Conference. MOTION: Councilmember Peirce moved the City Council approve Item A-10 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-11 RESOLUTION NO. 16-99 AUTHORIZING THE EXTENSION OF THE SERVICES OF THE INTERIM STAFF ENGINEER; (PUBLIC WORKS) Councilmember Peters asked how the City will fund the extension of this position. City Manager David Cole responded funding will come from the General Fund Reserves. He noted the Interim City Engineer has experience which will assist the City in issues such as the Duke Energy project. MOTION: Councilmember Peters moved the City Council approve Item A -I 1 of the • Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) A-12 PROCLAMATION DECLARING FEBRUARY 23, 1999 AS "SPAY DAY USA'; (ADMIN) Mayor Anderson presented the proclamation to Diana Duncan of HART. Councilmember Peters expressed the importance of this program. MOTION: Councilmember Peters moved the City Council approve Item A-12 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) Mayor Anderson called for a break at 7:35 p.m.; the meeting resumed at 7:52 p.m. • 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1999 C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 475 ADDING CHAPTER 5.40 TO THE MORRO BAY MUNICIPAL CODE REGULATING THE SOLICITATION OF BUSINESS AND DISTRIBUTION OF ADVERTISING MATERIAL - SECOND READING/ ADOPTION; (POLICE) Police Chief Joe Loven presented Ordinance No. 475 to the City Council for second reading and recommended its adoption. Councilmember Crotzer stated he will not support the adoption of this ordinance due to its redundant legislation which places more laws on the books, and public reaction has been in opposition due to constitutional concerns. MOTION: Councilmember Elliott moved the City Council approve the adoption and second reading of Ordinance No. 475 adding Chapter 5.40 to the Morro Bay • Municipal Code regulating the solicitation of business and distribution of advertising material. The motion was seconded by Councilmember Peirce and carried with Councilmember Crotzer voting no. (4-1) City Manager David Cole read Ordinance No. 475 by number and title only. D-1 DISCUSSION ON CREATING AN OUTREACH COMMITTEE TO ASSIST IN ENCOURAGING PARTICIPATION IN THE GENERAL PLAN/LOCAL COASTAL PLAN UPDATE PROCESS; (COUNCIL) Interim Planning & Building Director Shauna Nauman introduced Jennifer Metz of Crawford, Multari, Clark & Mohr who reviewed the two workshops scheduled related to the Local Coastal Plan/General Plan Update. She said the workshops have been scheduled as follows: 1) Thursday, March 4th, which will be a follow-up visioning workshop where the consultants will present their summary of key issues, and preliminary goals for the future; and 2) Monday, March 29th, which will be the first formal Planning Commission meeting to introduce both the Commissioners and the public to the formal review process. Council consensus was that Local Coastal Plan/General Plan amendments require public • input, and discussed approaches on obtaining more public testimony. 181 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 22, 1999 MOTION: Councilmember Peters moved the City Council direct staff to process a 1/3 page flyer printed on bright pink paper stating "Have a Say in Morro Bay", including the dates, times, locations, and what is involved in the workshops; and, to be prepared and included in the next water bill mailing. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) F. ADJOURNMENT The meeting adjourned at 8:41 p.m. Recorded by: Z-�Le�f� • Bridgett Bauer City Clerk City of Morro Bay • City Council Agenda Mission Statement The City of Morm Bay is aaai to the preservation and enhancement of the nudity e f life. ore City shau be committed to this purpose and will provide a lead of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - FEBRUARY 8, 1999; 5:00 P.M. i CLOSED SESSION - FEBRUARY 8,1999 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 INSTRUCTIONS TO THE DESIGNATED REPRESENTATIVE. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION - FEBRUARY 8, 1999 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. I;K918)e[ORWiIX41r1:1C7��1Ys9]`►[iJ �K� ►7��1►Y1[ :_ It :: 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 • 11, 1999; (ADMIN) RECOMMENDATION: Approve as submitted. A-2 REVIEW OF YEAR 2000 ISSUES RELATED TO THE CITY OF MORRO BAY; (FINANCE) RECOMMENDATION: Consider and direct staff to prepare an appropriate City Council resolution allowing the City to invoke the provisions of Government Code Section 8560, defining an emergency, and Chapter 8.08 of the Morro Bay Municipal Code related to emergency declaration and response for emergencies arising from Year 2000 problem -related events. A-3 RESOLUTION NO. 10-99 ACCEPTING THE CALIFORNIA COASTAL COMMISSION'S MODIFICATIONS ON ADULT ENTERTAINMENT ORDINANCE; (PLANNING) RECOMMENDATION: Adopt Resolution No. 10-99. L� 2 • B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 CONSIDERATION OF POTENTIAL OPPORTUNITIES FOR FISCAL YEAR 1999 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; (PLANNING) RECOMMENDATION: Conduct a public hearing to receive public input, and direct staff if an area of interest is identified. B-2 ORDINANCE NO. 475 ADDING CHAPTER 5.40 TO THE MORRO BAY MUNICIPAL CODE REGULATING THE SOLICITATION OF BUSINESS AND DISTRIBUTION OF ADVERTISING MATERIAL - FIRST READING/ INTRODUCTION; (POLICE) RECOMMENDATION: Approve first reading and introduction of Ordinance No. 475. C. UNFINISHED BUSINESS C-1 RESOLUTION NO. 11-99 ADOPTING FINDINGS TO UPHOLD THE APPEAL OF THE APPROVAL OF MUP 21-98/CDP 50-98A - 467 LA JOLLA STREET; (PLANNING) • RECOMMENDATION: Adopt Resolution No. 11-99. C-2 RESOLUTION NO. 12-99 AUTHORIZING AIRING ON LIVE CABLECAST OF THE "JUST DESSERTS" RECEPTION TO BE HELD ON FEBRUARY 28, 1999; (COUNCIL) RECOMMENDATION: Adopt Resolution No. 12-99. C-3 PROPOSAL FOR SELECTION OF ENGINEERING FIRM TO COMPLETE A WASTEWATER RECLAMATION STUDY AS REQUIRED BY THE REGIONAL QUALITY CONTROL BOARD; (PUBLIC WORKS) RECOMMENDATION: Authorize staff to negotiate a contract for professional services with the firm of Carollo Engineers not to exceed $95,830 in order to satisfy the Regional Water Quality Control Board's conditions for the issuance of wastewater discharge permit. C-4 CONSIDERATION OF AMENDMENT TO RESOLUTION NO. 03-98 ADOPTING GUIDELINES FOR SELECTION OF ADVISORY BOARD MEMBERS; (ADMIN) • RECOMMENDATION: Discuss and direct staff accordingly. 3 • D. NEW BUSINESS D-1 PRESENTATION OF NEIGHBORHOOD PETITION SUPPORTING THE ESTABLISHMENT OF A BENEFIT ASSESSMENT DISTRICT FOR THE PURPOSE OF PLACING UTILITIES UNDERGROUND; (PUBLIC WORKS) RECOMMENDATION: 1) Receive petitions and consider testimony regarding undergrounding of utilities; 2) refer materials and oral record to staff to review; and 3) direct staff to investigate, develop information and report back to Council on the procedures required to fund and establish a benefit assessment district for undergrounding utilities. • 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 - FEBRUARY 8, 1999 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 David Cole Robert Schultz David Hunt Ardith Davis City Manager City Attorney Special Counsel Personnel/Risk Manager 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. LABORCS-1 GOVERNMENT CODE SECTION 54957.6: CONFERENCE WITH NEGOTIATO' 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 INSTRUCTIONS TO THE DESIGNATED REPRESENTATIVE. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:56 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 5:56 p.m. I] • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1999 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: David Cole Robert Schultz Bridgett Bauer Rick Algert Robert Hendrix Jeff Jones Jim Koser Joe Loven Andrea Lueker Lawrence McPherson Shauna Nauman City Manager City Attorney City Clerk Harbor Director InterimPublic Works Director Fire Chief Finance Director Police Chief Recreation & Parks Director Interim Staff Engineer Interim Planning&Building Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - No reportable action was taken. PUBLIC COMMENT Gari Cave reviewed the purpose of the Morro Bay Collaborative which is to assist in the improvement of the overall health and quality of life for residents of Morro Bay. John Barta announced the Charter Communications class for public information; and expressed support for Item D-1 (Presentation of Neighborhood Petition Supporting the Establishment of a Benefit Assessment District for the Purpose of Placing Utilities Underground). Paul Twedt addressed the need for a Med-Stop in Morro Bay especially for the care of the elderly. Nancy Castle requested donations for the Friends of 54 fund. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1999 DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peters requested an annual update on the Destination 2000 report. Councilmember Crotzer requested discussion on creating an outreach program to encourage input on the General Plan/Local Coastal Plan update. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF JANUARY 11, 1999; (ADMIN) RECOMMENDATION: Approve as submitted. • A-2 REVIEW OF YEAR 2000 ISSUES RELATED TO THE CITY OF MORRO BAY; (FINANCE) • RECOMMENDATION: Consider and direct staff to prepare an appropriate City Council resolution allowing the City to invoke the provisions of Government Code Section 8560, defining an emergency, and Chapter 8.08 of the Morro Bay Municipal Code related to emergency declaration and response for emergencies arising from Year 2000 problem -related events. A-3 RESOLUTION NO. 10-99 ACCEPTING THE CALIFORNIA COASTAL COMMISSION'S MODIFICATIONS ON ADULT ENTERTAINMENT ORDINANCE; (PLANNING) RECOMMENDATION: Adopt Resolution No. 10-99. Councilmember Peirce pulled Item A-2 from the Consent Calendar; Councilmember Elliott pulled Item A-3. MOTION: Councilmember Crotzer moved the City Council approve the Consent Calendar with the exception of Items A-2 and A-3. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1999 A-2 REVIEW OF YEAR 2000 ISSUES RELATED TO THE CITY OF MORRO BAY; (FINANCE) Councilmember Peirce requested staff review this item for public information. Finance Director Jim Koser reviewed the Year 2000 issues related to the City of Morro Bay. MOTION: Councilmember Peirce moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-3 RESOLUTION NO. 10-99 ACCEPTING THE CALIFORNIA COASTAL COMMISSION'S MODIFICATIONS ON ADULT ENTERTAINMENT ORDINANCE; (PLANNING) Councilmember Elliott requested staff clarification on the California Coastal Commission's assessment of this ordinance. Interim Planning & Building Director Shauna Nauman clarified the assessment was made by the Coastal Commission for • consistency purposes. Councilmember Crotzer stated he will be voting in opposition to this matter since he was not a part of previous discussions. MOTION: Councilmember Elliott moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried with Councilmember Crotzer voting no. (4-1) B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 CONSIDERATION OF POTENTIAL OPPORTUNITIES FOR FISCAL YEAR 1999 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; (PLANNING) City Manager David Cole reviewed the City's eligibility to apply for up to $870,000 in the fiscal year 1999 Community Development Block Grant (CDBG) Program. He noted eligible activities include housing rehabilitation and construction, public works, community facilities and public services, and economic development and planning/technical assistance. Mr. Cole said all activities funded under this program must principally benefit households earning 89% of the county median income or less. • He stated prior to any grant application submittal, the CDBG program procedures require that a public hearing be held to solicit comments regarding possible needs or interests of the public in the potential use of these 1999 funds. Mr. Cole said if a specific project is El • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1999 identified and the City wishes to pursue a grant application for these funds, a second public hearing will be required for the specific application. He stated applications for the 1999 fiscal grant cycle are due to the State Housing and Community Development Department by April 16, 1999 with grant awards to be announced July 1, 1999. Mr. Cole recommended the City Council conduct a public hearing to receive public input, and direct staff if an area of interest is identified. Mayor Anderson opened the hearing for public comment. Ernie Miller and Steve McGrath, representatives of Habitat for Humanity, addressed the need for building homes for low income families in Morro Bay. Nancy Castle requested the consideration for increased public communication funding. Polly Fishback addressed the need for expanded Dial -A -Ride services which benefit local residents as well as tourists in Morro Bay. is Mayor Anderson closed the public comment hearing. Councilmember Crotzer addressed the need for expanded public transportation services, including meeting transportation needs between the two communities of Los Osos and Morro Bay. Councilmember Elliott stated he supports application for grant funding of City programs. He suggested Council direct staff to apply for a grant to boost the Dial -A -Ride program to allow for bus passes to assist low-income people. Councilmember Peters stated she supports application for grant funding for Dial -A -Ride services and the infrastructure program in the City; however, she favors waiting for the next grant cycle. Councilmember Peirce stated he also supports application for grant funding of City programs such as the infrastructure program. Councilmember Crotzer stated with the ability of an organization being able to provide the 14% match to cover City expenses, then the City could consider supporting such projects as Habitat for Humanity. • Mayor Anderson requested staff look into the possibility of applying for two separate projects. 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1999 MOTION: Councilmember Crotzer moved the City Council direct staff to prepare a Community Development Block Grant application for Dial -A -Ride related enhanced services. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) Mayor Anderson called for a break at 7:33 p.m.; the meeting resumed at 7:43 p.m. B-2 ORDINANCE NO. 475 ADDING CHAPTER 5.40 TO THE MORRO BAY MUNICIPAL CODE REGULATING THE SOLICITATION OF BUSINESS AND DISTRIBUTION OF ADVERTISING MATERIAL - FIRST READING/ INTRODUCTION; (POLICE) Police Chief Joe Loven stated the City Council previously directed staff to draft an ordinance to address problems related to the distribution of unsolicited advertising materials in the City of Morro Bay. He noted Council had reviewed the draft ordinance at their November 23, 1998 meeting and requested staff to amend the ordinance as discussed and return for first reading and introduction at the December 14, 1998 meeting. • Chief Loven stated the City Council approved Ordinance No. 475 for first reading and introduction at the December 14th meeting; and, upon bringing the ordinance before Council for second reading and adoption at the January 11, 1999 meeting, the City Council requested further amendments and it failed to pass. He said staff has amended Ordinance No. 475 to include the suggestions from the January I Ith meeting that are within constitutional limitations, and recommended the City Council approve it for first reading and introduction. Mayor Anderson opened the hearing for public comment. John Barta thanked staff for their efforts in preparing this ordinance. Mayor Anderson closed the public comment hearing. Councilmember Crotzer expressed his opposition to the passage of this ordinance due to its redundant legislation which places more laws on the books, and the public outcry has been in opposition due to constitutional concerns. Councilmember Peirce stated with the amendments made at the past Council meetings, he will support this ordinance at this time. • Councilmember Peters recommended the removal of the last two sentences under Section 5.40.080 (Distribution) relating to the posting of notices. She stated there are issues which need enforcement such as posting ads on trees. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1999 Councilmember Elliott stated this ordinance will assist in keeping Morro Bay litter -free. Councilmember Anderson expressed his support for this ordinance which will give the Police Department a method to deal with problems that might arise in the community. MOTION: Councilmember Elliott moved the City Council approve the first reading and introduction of Ordinance No. 475 adding Chapter 5.40 to the Morro Bay Municipal Code Regulating the Solicitation of Business and Distribution of Advertising Material. The motion was seconded by Councilmember Peirce and failed with Councilmember Crotzer, Councilmember Peters, and Mayor Anderson voting no. (2-3) MOTION: Councilmember Peters moved the City Council approve the first reading and introduction of Ordinance No. 475 adding Chapter 5.40 to the Morro Bay Municipal Code Regulating the Solicitation of Business and Distribution of Advertising Material with the elimination of the last two sentences of Section 5.40.080. The motion was seconded by Mayor • Anderson and carried with Councilmember Crotzer and Councilmember Elliott voting no. (3-2) City Manager David Cole read Ordinance No. 475 by title and number only. C. UNFINISHED BUSINESS C-1 RESOLUTION NO. 11-99 ADOPTING FINDINGS TO UPHOLD THE APPEAL OF THE APPROVAL OF MUP 21-98/CDP 50-98A - 467 LA JOLLA STREET; (PLANNING) Interim Planning & Building Director Shauna Nauman stated this matter was heard at the January 25, 1999 Council meeting at which time the Council voted to tentatively uphold the appeal subject to review and approval of revised findings in support of this decision. She said with adoption of Resolution No. 11-99, the applications filed to legalize the existing second dwelling unit will be denied, and the City's Code Enforcement Officer will direct the property owner to convert the structure to a permitted use under current zoning regulations. Ms. Nauman stated the property will retain its status as a legal non- conforming building constructed prior to City zoning and building code adoption. Applicant Gail King requested the City Council rescind their decision of their last • meeting upholding the appeal of Case No. MUP 21-98/Coastal Development Permit 50- 98A. 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1999 MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 1I- 99 upholding the appeal of Case No. MUP 21-98/CDP 50-98A overturning the Planning Commission's decision to deny the appeal of the Director of Planning & Building's decision to conditionally approve the project based on all oral and written testimony received. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) The City Council also discussed secondary dwelling regulations in the City, and whether further review is in order. MOTION: Councilmember Crotzer moved the City Council direct the Planning Commission to conduct public hearings to determine what modifications to the City's zoning ordinance are necessary pertaining to particular zoned areas in the City and conditions necessary to allow for additional rental units in the City. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) • C-2 RESOLUTION NO. 12-99 AUTHORIZING AIRING ON LIVE CABLECAST OF THE "JUST DESSERTS" RECEPTION TO BE HELD ON FEBRUARY 28, 1999; (COUNCIL) Councilmember Peters stated each October hundreds of local residents and organizations work at the Harbor Festival in order to earn funds for their organizations. She said in appreciation for the hours of donated work by these volunteers, an awards reception is held each year to publicly thank the volunteers and to announce the funding amounts. Councilmember Peters stated this year's reception is being held on Sunday, February 28th from 4:00 p.m. to 6:00 p.m. at the Morro Bay Community Center. She noted there are no City meetings scheduled for that time period, and it is within the time period typically designated for community events on Channel 54. Councilmember Peters stated the guidelines for the City's government public access channel include the Harbor Festival activities as approved broadcast material, and this awards reception is the end result of the festival. She said live broadcast of this event would provide even greater recognition of the volunteers and support for the fund-raising activity, and recommended the City Council adopt Resolution No. 12-99 authorizing its airing. The City Council agreed there should be guidelines which allow a request such as this to be approved by the City Manager or his designee. • Councilmember Crotzer stated he would like to consider the airing of the San Luis Coastal Unified School District board meetings on Channel 54. H • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1999 Councilmember Elliott donated $50 from his discretionary funds to Channel 54 in order to air the "Just Desserts" reception. MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 12-99 authorizing the airing on live cablecast of the "Just Desserts" reception to be held on February 28, 1999. The motion was seconded by Mayor Anderson and carried unanimously. (5-0) C-3 PROPOSAL FOR SELECTION OF ENGINEERING FIRM TO COMPLETE A WASTEWATER RECLAMATION STUDY AS REQUIRED BY THE REGIONAL QUALITY CONTROL BOARD; (PUBLIC WORKS) Interim Staff Engineer Lawrence McPherson stated the California Regional Water Control Board has required Morro Bay/Cayucos to submit a comprehensive evaluation of reclamation options and feasibility. He noted the draft summary is due by October 8, 1999 with a final report to be submitted by December 10, 1999. Mr. McPherson noted it • has been agreed between Morro Bay and the Cayucos Sanitary District to seek a negotiated contract with Carollo Engineers based on their previous work on a local area reclamation plan which gives the firm a fairly complete knowledge on which to base their new studies. He recommended the City Council authorize staff to negotiate a contract for professional services with the firm of Carollo Engineers not to exceed $95,830 in order to satisfy the Regional Water Quality Control Board's conditions for the issuance of wastewater discharge permit. MOTION: Councilmember Peters moved the City Council authorize staff to negotiate a contract for professional services with the firm of Carollo Engineers not to exceed $95,830 in order to satisfy the Regional Water Quality Control Board's conditions for the issuance of wastewater discharge permit. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) Mayor Anderson called for a break at 9:51 p.m.; the meeting resumed at 10:03 p.m. Council consensus was to take the agenda out of order and hear Item D-1 next. • 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1999 C-4 CONSIDERATION OF AMENDMENT TO RESOLUTION NO. 03-98 ADOPTING GUIDELINES FOR SELECTION OF ADVISORY BOARD MEMBERS; (ADMIN) City Manager David Cole requested the City Council review the present guidelines for selection of advisory board members and direct staff accordingly. The City Council discussed the following amendments to the existing guidelines for selection of advisory board members: 1) incumbents whose terms are expiring shall be notified by the City Clerk; 2) candidates unable or unwilling to appear for the scheduled interview before the City Council shall not be considered for appointment, except in the case of excusable neglect as determined by the City Council; 3) each Council Member shall be polled during the interview process until selections are made; and 4) if interviews are taped or aired live, they shall be done so gavel to gavel. Councilmember Peters expressed concern with Council deliberations being aired for • public viewing. MOTION: Councilmember Elliott moved the City Council direct staff to amend the existing guidelines for selection of advisory board members as follows: 1) incumbents whose terms are expiring shall be notified by the City Clerk; 2) candidates unable or unwilling to appear for the scheduled interview before the City Council shall not be considered for appointment, except in the case of excusable neglect as determined by the City Council; 3) each Council Member shall be polled during the interview process until selections are made; and 4) if interviews are taped or aired live, they shall be done so gavel to gavel. The City Council requested staff return the amended guidelines for approval at the February 22, 1999 Council meeting. The motion was seconded by Mayor Anderson and carried with Councilmember Peters voting no. (4-1) D. NEW BUSINESS D-I PRESENTATION OF NEIGHBORHOOD PETITION SUPPORTING THE ESTABLISHMENT OF A BENEFIT ASSESSMENT DISTRICT FOR THE PURPOSE OF PLACING UTILITIES UNDERGROUND; (PUBLIC WORKS) • Interim Public Works Director Bob Hendrix stated several residents in the Ridgeway/Kern area have organized to determine the level of interest of property owners in formation of a district for placing utilities underground. He noted the costs associated 10 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1999 with the formation of a benefit assessment district are not known at this time. Mr. Hendrix recommended the City Council: 1) receive petitions and consider testimony regarding undergrounding of utilities; 2) refer materials and oral record to staff to review; and 3) direct staff to investigate, develop information and report back to Council on the procedures required to fund and establish a benefit assessment district for undergrounding utilities. Dural McKee made a presentation representing residents who signed a petition in support of the formation of an assessment district for the purpose of installing underground utilities in the Ridgeway/Kem area. Interim Staff Engineer Lawrence McPherson reviewed the process of forming an assessment district and preparing for the installation of underground utilities. Councilmember Elliott expressed concern with expending staff time on a request made to benefit only one specific part of the City. Mayor Anderson stated a project like this could set an unacceptable precedent wherein the City fronts the engineering costs without knowing whether the assessment district would be formed. Councilmember Crotzer stated improving the quality of life of the residents in the City is a high priority. He said he supports directing staff to investigate, develop information and report back to Council on the procedures required to fund and establish a benefit assessment district for undergrounding utilities. Councilmember Peters stated the City does not have the funds to assist this project; however, she does support staff providing the applicant with a gross estimate of the costs involved in forming a project such as this. Councilmember Peirce stated he supports staff providing the applicants with a ballpark estimate for this project. Council directed staff to assist the petitioners in developing preliminary cost estimates for the formation of benefit assessment district for the purpose of placing utilities underground. 0 No further action was taken on this item. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1999 The meeting adjourned at 10:53 p.m. Recorded by: Bridgett Bauer City Clerk • 12 City of Morro Bay » City Council Agenda Mission statement The City of Morro Bay isded;c tothe pmervatimand mham�tofthe qualityoflife. The City shall be committed to this purpose and will provide a Lead of mmidpal sarma and safety consistent with and responsive to the needs of the public. REGULAR MEETING - JANUARY 25, 1999 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 ITEM A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. W • • A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF JANUARY 11, 1999; (ADMIN) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT - DECEMBER 1998; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - DECEMBER 1998; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 COMPLETION OF PROJECT FOR DIGESTER SANDBLASTING AND COATING SERVICES - PW 16-98; (PUBLIC WORKS) RECOMMENDATION: Accept the project as completed. A-5 RESOLUTION NO. 08-99 APPROVING A PROPOSED NO -PARKING ZONE ON QUINTANA ROAD, WEST OF BELLA VISTA AVENUE; (PUBLIC WORKS) RECOMMENDATION: Adopt Resolution No. 08-99. A-6 UPDATED STATUS AND REVIEW OF EMERGENCY CONDITIONS OF ATASCADERO ROAD SEWER TRUNK LINE REPLACEMENT; (PUBLIC WORKS) RECOMMENDATION: Determine the emergency action regarding replacement of the jointly -owned sewer trunk line be hereby terminated. A-7 AWARD OF BID FOR 1/2-TON PICK-UP TRUCK FOR CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) RECOMMENDATION: Award the bid for purchase of a new one-half ton service vehicle to Motor City Auto Center; and, purchase the vehicle outright rather than participating in the 60-month leasing program offered by the company. A-8 RESOLUTION NO. 07-99 APPROVING AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH THE MORRO BAY PEACE OFFICERS ASSOCIATION; (PERSONNEL) RECOMMENDATION: Adopt Resolution No. 07-99. 2 • A-9 RESOLUTION NO. 09-99 AMENDING THE DEPARTMENT OF BOATING & WATERWAY CONTRACT TO OUTFIT A NEW HARBOR PATROL VESSEL; (HARBOR) RECOMMENDATION: Adopt Resolution No. 09-99. B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 APPEAL OF PLANNING COMMISSION ACTION UPHOLDING THE DIRECTOR OF PLANNING & BUILDING'S DECISION TO CONDITIONALLY APPROVE A MINOR USE PERMIT AND COASTAL DEVELOPMENT PERMIT TO LEGALIZE THE CONVERSION OF AN EXISTING DETACHED LEGAL NON -CONFORMING BUILDING TO A RESIDENTIAL SECOND DWELLING UNIT LOCATED AT 467 LA JOLLA STREET - CASE NO. MUP 21 -98/ CDP 50-98; (PLANNING) RECOMMENDATION: Deny the appeal of Case No. MUP 21-98/CDP 50-98A thereby upholding the Planning Commission's decision to deny the appeal of the Director of Planning & Building's decision to conditionally approve the project, subject to the adopted findings and revised conditions contained in • the Planning Commission staff report dated December 7, 1998, and based on all oral and written testimony received. • B-2 APPEAL OF THE PLANNING COMMISSION'S ACTION UPHOLDING THE DIRECTOR OF PLANNING & BUILDING'S DECISION TO CONDITIONALLY APPROVE A MINOR USE PERMIT AND COASTAL DEVELOPMENT PERMIT TO LEGALIZE THE CONVERSION OF AN EXISTING ATTACHED GARAGE TO A RESIDENTIAL SECOND DWELLING UNIT LOCATED AT 421 LA JOLLA STREET - CASE NO. MUP 24 -98/CDP 59-98 (PLANNING) RECOMMENDATION: Deny the appeal of Case No. MUP 24-98/CDP 59-98A thereby upholding the Planning Commission's decision to deny the appeal of the Director of Planning & Building's decision to conditionally approve the project, subject to the adopted findings and revised conditions contained in the Planning Commission staff report dated December 7, 1998, and based on all oral and written testimony received. It] C-1 ORDINANCE NO. 477 AMENDING MORRO BAY MUNICIPAL CODE SECTION 14.72 - FLOOD DAMAGE PREVENTION: SECOND READING/ ADOPTION (PUBLIC WORKS) RECOMMENDATION: Approve second reading and adoption of Ordinance No. 477. C-2 CONSIDERATION OF AMENDMENTS TO THE VIDEO PRODUCTION AND INSERTION POINT MANAGEMENT SERVICES AGREEMENT AND CHANNEL 54 OPERATING POLICIES AND GUIDELINES; (PUBLIC WORKS) RECOMMENDATION: Approve programming schedule and resulting amendments to the Video Production Insertion Point Management Services Agreement and Channel 54 Operating Policies and Guidelines. D. NEW BUSINESS D-I CONSIDERATION OF AMENDMENT OF RESOLUTION NO. 6-95 • ADOPTING GUIDELINES FOR SELECTION OF ADVISORY BOARD MEMBERS; (ADMIN) 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 go MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1999 VETERANS MEMORIAL HALL - 6:00 P.M. Vice -Mayor Elliott called the meeting to order at 6:00 p.m PRESENT: Dave Elliott Vice -Mayor Colby Crotzer Councilmember William Peirce Councilmember Janice Peters Councilmember ABSENT: Rodger Anderson STAFF: David Cole David Hunt Bridgett Bauer Joyce Bunting Janeen Burlingame Rick Algert Greg Fuz Robert Hendrix Bruce Keogh Joe Loven Andrea Locker Lawrence McPherson Shauna Nauman Steve Sylvester ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS Mayor City Manager City Attorney's Office City Clerk Accountant Administrative Assistant Harbor Director Associate Planner InterimPublic Works Director WWTP Supervisor Police Chief Recreation & Parks Director Interim Staff Engineer Interim Planning&Building Director City Engineer CLOSED SESSION REPORT - There was no Closed Session report Ric Deschler stated the Special City Council meeting on January 20, 1999 may have been conducted in an inappropriate way and may be in violation of the Brown Act. He also opposition to the proposed ordinance concerning door-to-door sales. Wally McCray gave credit to volunteers who assist in the Adopt -a -Tree Program. Harry Rogers stated he would like the City Council to consider the transfer of water equivalency units to allow the transfer from one property to another under one ownership. • u • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1999 Steve Mathieu addressed the manner in which the City Council conducted the January 20, 1999 Special City Council meeting, and offered recommendations to the guidelines for selection of advisory board members. He also requested donations to assist in funding live broadcast of Council meetings on Channel 54. Nancy Castle issued a memorandum prepared by AGP Video referring to Item C-2 (Consideration of Amendments to the Video Production and Insertion Point Management Services Agreement and Channel 54 Operating Policies and Guidelines) which offers alternative language to the Channel 54 Operating Policies and Guidelines. She also requested donations to assist in funding live broadcast on Channel 54. John Barta stated appointments made on advisory boards should be based on individuals who want to serve the community as a whole. Councilmember Peters requested an item be agendized to consider live broadcast of the "Just Desserts" event coming up on February 28th; Council concurred. 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 11, 1999; (ADMIN) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT - 1998; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - DECEMBER 1998; (FINANCE) RECOMMENDATION: Approve as submitted. 4 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1999 A-4 COMPLETION OF PROJECT FOR DIGESTER SANDBLASTING AND COATING SERVICES - PW 16-98; (PUBLIC WORKS) RECOMMENDATION: Accept the project as completed. A-5 RESOLUTION NO. 08-99 APPROVING A PROPOSED NO -PARKING ZONE ON QUINTANA ROAD, WEST OF BELLA VISTA AVENUE; (PUBLIC WORKS) RECOMMENDATION: Adopt Resolution No. 08-99. A-6 UPDATED STATUS AND REVIEW OF EMERGENCY CONDITIONS OF ATASCADERO ROAD SEWER TRUNK LINE REPLACEMENT; (PUBLIC WORKS) RECOMMENDATION: Determine the emergency action regarding replacement • of the jointly -owned sewer trunk line be hereby terminated. A-7 AWARD OF BID FOR 1/2-TON PICK-UP TRUCK FOR CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) RECOMMENDATION: Award the bid for purchase of a new one-half ton service vehicle to Motor City Auto Center; and, purchase the vehicle outright rather than participating in the 60-month leasing program offered by the company. A-8 RESOLUTION NO. 07-99 APPROVING AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH THE MORRO BAY PEACE OFFICERS ASSOCIATION; (PERSONNEL) RECOMMENDATION: Adopt Resolution No. 07-99. A-9 RESOLUTION NO. 09-99 AMENDING THE DEPARTMENT OF BOATING & WATERWAY CONTRACT TO OUTFIT A NEW HARBOR PATROL VESSEL; (HARBOR) 10 RECOMMENDATION: Adopt Resolution No. 09-99. 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1999 Councilmember Crotzer pulled Item A-1 from the Consent Calendar; Councilmember Peters pulled Items A-6 and A-7. MOTION: Councilmember Peters moved the City Council approve the Consent Calendar with the exception of Items A-1, A-6, and A-7. The motion was seconded by Councilmember Crotzer and carried unanimously. (4-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF JANUARY 11, 1999; (ADMIN) Councilmember Crotzer addressed the public comment section of the minutes and requested they be made consistent when summarizing a group of speakers. The City Council requested the minutes be amended and return for approval at the February 8, 1999 City Council meeting. • A-6 UPDATED STATUS AND REVIEW OF EMERGENCY CONDITIONS OF ATASCADERO ROAD SEWER TRUNK LINE REPLACEMENT; (PUBLIC WORKS) 0 Councilmember Peters requested an update on this project for public information. City Engineer Steve Sylvester reported on the progress of the Atascadero Road Sewer Trunk Line Replacement Project. MOTION: Councilmember Peters moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (4-0) A-7 AWARD OF BID FOR 1/2-TON PICK-UP TRUCK FOR CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) Councilmember Peters asked if staff recommends the pick-up truck be purchased outright or leased on a 60-month program. Recreation & Parks Director Andrea Lueker responded staff recommends it be purchased outright. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1999 MOTION: Councilmember Peters moved the City Council approve Item A-7 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (4-0) B-1 APPEAL OF PLANNING COMMISSION ACTION UPHOLDING THE DIRECTOR OF PLANNING & BUILDING'S DECISION TO CONDITIONALLY APPROVE A MINOR USE PERMIT AND COASTAL DEVELOPMENT PERMIT TO LEGALIZE THE CONVERSION OF AN EXISTING DETACHED LEGAL NON -CONFORMING BUILDING TO A RESIDENTIAL SECOND DWELLING UNIT LOCATED AT 467 LA JOLLA STREET - CASE NO. MUP 21 -98/ CDP 50-98; (PLANNING) Associate Planner Greg Fuz reviewed the appeal filed by Chuck Reasor and Ralph Agee, et al, of a decision by the Planning Commission upholding the Director of Planning & • Building's approval of a Minor Use Permit and Administrative Coastal Development Permit for a conversion of a 300 square foot detached single story legal non -conforming structure to a residential second dwelling unit located at 467 La Jolla Street. Mr. Fuz stated the proposed conversion complies with zoning ordinance requirements applicable to residential second units. He said the appellants believe the approval of second dwelling units in this neighborhood would detract from the single family character of the area and would be inconsistent with the intent of single family residential zoning. Mr. Fuz stated the Planning Commission considered the evidence and public testimony and voted to deny this appeal, and modified the project conditions to require a total of three off-street parking spaces for the project instead of the two which would be required by zoning regulations. He recommended the City Council deny the appeal of Case No. MUP 21-98/CDP 50-98A thereby upholding the Planning Commission's decision to deny the appeal of the Director of Planning & Building's decision to conditionally approve the project, subject to the adopted findings and revised conditions contained in the Planning Commission staff report dated December 7, 1998, and based on all oral and written testimony received. Vice -Mayor Elliott called for a break at 7:10 p.m.; the meeting resumed at 7:20 p.m. Vice -Mayor Elliott opened the hearing for public comment. • F • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1999 Chuck Reasor, appellant, reviewed the grounds of his appeal which included the following concerns: 1) the increase in density and associated effects that would occur with approval of residential second dwelling units within a single fatnily residential neighborhood; 2) the lack of covered, enclosed parking on -site for either the main dwelling or the second unit; and 3) the main residence was not legally constructed in the 1980's. Ralph Agee, appellant, agreed with Mr. Reasor's comments that the approval of second dwelling units in this neighborhood would detract from the single family character of the area. George Daniels, appellant, stated he built his home on La Jolla Street and met conditions including the placement of a garage. He said homes built in an R-1 zone should be for single family residences, and granny units should be maintained to assist family members only. • Gail King, applicant, stated when she first purchased the house located at 467 La Jolla Street, the detached building was used as a second dwelling unit. She said the existing primary residence was demolished and reconstructed in 1988 with funding provided through the City as part of a Community Development Block Grant (CDBG) loan program. At that time, a report prepared by the CDBG loan committee indicated that the detached accessory building was referred to as the garage for the main residence. Ms. King stated she has since paid the CDBG loan in full, and has applied for permits to convert the existing 300 square foot, detached legal non -conforming structure to a residential second dwelling unit. She noted parking for both the main residence and the second unit is proposed as open, tandem parking in the existing driveway with removal of an existing concrete stairway which encroaches the driveway. Ms. King requested the City Council consider her request, and deny the appeals filed. The following people expressed opposition to the approval of this project: Lloyd Toledo, Dorothy Cutter, Richard Schoal, Irel Urreiztieta, Ingrid Kelly, John Tesora, Nancy Johnson, Bob Tefft, and Gladys Sill. Mitch Hess expressed support for the project and requested the City Council consider its approval. Vice -Mayor Elliott closed the hearing for public comment. • City Attorney David Hunt clarified state law states the City shall allow for granny units; however, the City can pass an ordinance to assist in molding the statutes of these laws. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1999 Ms. Nauman reviewed the legislative findings on secondary units which reads as follows: "The legislature finds and declares that second units are a valuable form of housing in California. Second units provide housing for family members, students, the elderly income, in -home health care providers, the disabled, and other at below market prices within existing neighborhoods. Homeowners who create second units benefit from added income and an increase sense of security." Vice -Mayor Elliott called for a break at 8:44 p.m.; the meeting resumed at 8:57 p.m. Councilmember Peirce stated presently the City cannot be more restrictive than state law. He said a five -member Council should be present to continue with this issue. Councilmember Peters stated when this house was demolished and rebuilt, there were conditions that a garage would be provided and was not, so the accessory building was assumed to be a garage. She reviewed the definition of a guest house which is any attached or detached accessory building which does not have enclosed access directly to • the interior of the principle residence, which has any bathroom facility and does not contain a kitchen. Councilmember Peters stated that was originally the use of the accessory building on this property, and it was then remodeled as a second dwelling unit. She stated there is no way of solving the parking situation on this property, and it should be found that there are no impacts on something that is illegal. Councilmember Peters stated she will not support denial of this appeal. Councilmember Crotzer stated he supports this appeal because allowing an illegal use which would cause an impact to the neighborhood could set a precedence allowing second rental units which are not in compliance with the law. Vice -Mayor Elliott stated the issue at hand is the impact of parking. He noted R-1 zoning is defined as single family residential and should be maintained as such. MOTION: Councilmember Crotzer moved the City Council uphold the appeal of Case No. MUP 21-98/CDP 50-98A. The motion was seconded by Councilmember Peters. Interim Public Works Director Bob Hendrix suggested since the present staff report contains findings to deny the appeal; perhaps the City Council should take tentative action to uphold the appeal pending findings prepared by staff which could come back to the City Council. • 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1999 Councilmember Crotzer withdrew his motion; Councilmember Peters withdrew her second to the motion based on the suggestion made by staff. MOTION: Councilmember Crotzer moved the City Council uphold the appeal of Case No. MUP 21-98/CDP 50-98A, and direct staff to prepare findings in support of this appeal for Council approval. The motion was seconded by Councilmember Peters and carried unanimously. (4-0) B-2 APPEAL OF THE PLANNING COMMISSION'S ACTION UPHOLDING THE DIRECTOR OF PLANNING & BUILDING'S DECISION TO CONDITIONALLY APPROVE A MINOR USE PERMIT AND COASTAL DEVELOPMENT PERMIT TO LEGALIZE THE CONVERSION OF AN EXISTING ATTACHED GARAGE TO A RESIDENTIAL SECOND DWELLING UNIT LOCATED AT 421 LA JOLLA STREET - CASE NO. MUP 24 -98/CDP 59-98 (PLANNING) • Associate Planner Greg Fuz reviewed the appeal filed by Chuck Reasor and Ralph Agee, et al, of a decision by the Planning Commission upholding the Director of Planning & Building's approval of a Minor Use Permit and Administrative Coastal Development Permit for a conversion of a 504 square foot portion of an existing garage to an attached residential second dwelling unit located at 421 La Jolla Street. Mr. Fuz stated the proposed conversion complies with zoning ordinance requirements applicable to residential second units. He said the appellants believe the approval of second dwelling units in this neighborhood would detract from the single family character of the area and would be inconsistent with the intent of single family residential zoning. Mr. Fuz stated the Planning Commission considered the evidence and public testimony and voted to deny this appeal, and modified the project conditions to eliminate any reference to the property as a duplex. He recommended the City Council deny the appeal of Case No. MUP 24-98/CDP 59-98A thereby upholding the Planning Commission's decision to deny the appeal of the Director of Planning & Building's decision to conditionally approve the project, subject to the adopted findings and revised conditions contained in the Planning Commission staff report dated December 7, 1998, and based on all oral and written testimony received. Vice -Mayor Elliott opened the hearing for public comment. Chuck Reasor stated the grounds for this appeal are: 1) R-2 multi -family density use • within an R-1 single family zone; 2) increased parking congestion along the street; and 3) legalizing an illegal conversion. He said this house was originally built as a single family residence, and was then converted into two separate rental units which does not meet the requirements of a granny unit. 8 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1999 George Daniels stated this street is very crowded, and parking should be provided for the rental unit. Mike Del Puppo, applicant, stated the upper unit is used as a rental which is being occupied by an elderly person on a fixed income, and the lower unit is not presently being occupied based on code restrictions. He said this property has been a rental for 15 years and will not cause any further impacts to the property. Mr. Del Puppo noted he pays utilities for two units, and all city and state laws are in compliance. John Barta, Planning Commission Chair, stated a one car garage was proposed when reviewed by the Planning Commission. Vice -Mayor Elliott closed the hearing for public comment. Councilmember Crotzer stated he supports the appeal based on the prevention of allowing this to become a legal conversion. • Councilmember Peters stated this project does comply with state law which will not cause any further impacts to the property or neighborhood. She said this request does provide for a granny unit, and she will support the Planning Commission's decision to deny the appeal of the Director of Planning & Building's decision to conditionally approve this project. • Councilmember Peirce stated he also agrees to support the denial of the appeal. Vice -Mayor Elliott stated this project clearly provides ample parking and meets the criteria of state and City laws. MOTION: Councilmember Peters moved the City Council deny the appeal of Case No. MUP 24-98/CDP 59-98A thereby upholding the Planning Commission's decision to deny the appeal of the Director of Planning & Building's decision to conditionally approve the project, subject to the adopted findings and revised conditions contained in the Planning Commission staff report dated December 7, 1998, and based on all oral and written testimony received. The motion was seconded by Councilmember Peirce and carried with Councilmember Crotzer voting no. (3-1) W • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1999 C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 477 AMENDING MORRO BAY MUNICIPAL CODE SECTION 14.72 - FLOOD DAMAGE PREVENTION: SECOND READING/ ADOPTION (PUBLIC WORKS) Interim Public Works Director Robert Hendrix recommended the City Council approve the second reading and adoption of Ordinance No. 477 as amended by the Council at its January 11, 1999 meeting. MOTION: Councilmember Crotzer moved the City Council approve the second reading and adoption of Ordinance No. 477 amending Morro Bay Municipal Code Section 14.72 - Flood Damage Prevention. The motion was seconded by Councilmember Peters and carved unanimously. (4-0) City Manager David Cole read Ordinance No. 477 by number and title only. • C-2 CONSIDERATION OF AMENDMENTS TO THE VIDEO PRODUCTION AND INSERTION POINT MANAGEMENT SERVICES AGREEMENT AND CHANNEL 54 OPERATING POLICIES AND GUIDELINES; (PUBLIC WORKS) Administrative Assistant Janeen Burlingame stated the City Council at its November 23, 1998 meeting approved amendments to the VPS Agreement and Channel 54 Operating Policies & Guidelines in order to accommodate the ability to have live cablecasts of City Brown Act meetings from the Veteran's Memorial Building and the Community Center. At that time the City Council directed staff to return in January 1999 with a contract amendment providing for a new programming schedule that would take into consideration the ability to have live City Brown Act meetings. Ms. Burlingame stated the Public Works Advisory Board reviewed the new programming schedule at its January 13, 1999 meeting, and recommends the City Council approve the programming schedule and resulting amendments to the VPS Agreement and Channel 54 Operating Policies & Guidelines. The City Council discussed the Channel 54 Operating Policies and Guidelines regarding the cablecast schedule for Channel 54. Council also considered recommendations made by AGP Video in a memorandum dated January 25, 1999, and made the following amendments: 6. Except when circumstances beyond the control of the cablecaster occur, the programming schedule on Channel 54 shall be as follows: 10 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1999 a. Live cablecast of City Brown Act meetings will pre-empt any other program schedule parameters. b. City Brown Act meetings will be re-cablecast for at least 6 days after their live cablecast or their initial tape cablecast. Reasonable effort will be made to adhere to a program schedule of City Brown Act meetings beginning at 9:00 a.m., 6:00 p.m., and l :00 a.m. C. Special meetings that are not considered regularly scheduled meetings, and meetings whose date has changed due to a City holiday or other unforeseen action, will be cablecast live at the end when the special or re- scheduled meeting will occur and will pre-empt the re-cablecast schedule. d. Community events will be cablecast when there are no current meetings that receive priority. C. A good faith effort will be made to inform the public of the program • schedule. MOTION: Councilmember Crotzer moved the City Council adopt the Channel 54 Operating Policies & Guidelines as amended. The motion was seconded by Councilmember Peters and carried unanimously. (4-0) The City Council discussed the airing on live cablecast of the "Just Desserts" reception to be held on February 28, 1999; Councilmember Peters stated she would prepare a staff report for the February 8, 1999 City Council meeting. The City Council also discussed the airing on live cablecast of San Luis Coastal Unified School District board meetings, and requested the Public Works Advisory Board consider this issue and report back to Council. 11�00LITAI-181.`11►1�f.`I.`! D-1 CONSIDERATION OF AMENDMENT OF RESOLUTION NO. 6-95 ADOPTING GUIDELINES FOR SELECTION OF ADVISORY BOARD MEMBERS; (ADMIN) City Manager David Cole reviewed Resolution No. 03-98 amending the Guidelines for Selection of Advisory Board Members which addressed a couple of issues brought to • Council's attention at their special meeting of January 20, 1999. Mr. Cole recommended the City Council review these guidelines and direct staff accordingly. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 25, 1999 The City Council discussed the Guidelines for Selection of Advisory Board Members and made the following amendments: The City Council will set a specified date and time to interview every candidate for appointment to an Advisory Board or Commission. Interviews before the Council are required of incumbents seeking re -appointment as well as first-time applicants. Incumbents whose terms are expiring shall be notified by the City Clerk. 2. Candidates unable or unwilling to appear for the scheduled interview before the City Council shall not be considered for appointment, except in the case of excusable neglect as determined by the City Council. 8. Each Council Member shall be polled during the interview process until selections are made. 9 If interviews are taped or aired live they shall be done so gavel to gavel • MOTION: Councilmember Peters moved the City Council go beyond 11:00 p.m. in order to continue discussion on Item D-1. The motion was seconded by Councilmember Crotzer and failed with Vice -Mayor Elliott and Councilmember Peirce voting no. (2-2) The City Council requested staff prepare the amendments to the guidelines and return to Council for approval at the February 8th meeting. i►u_► The meeting adjourned at 11:00 p.m. Recorded by: \ �J�AIc� Bridgett uer City Clerk • 12 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Meeting on Wednesday_, January 20, 1999 at 5:00 p•m• to be held at the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be conducting interviews of candidates to fill vacancies on various City Commission/Advisory Boards. • DATED: January 15, 1999 Bridgett Rauer, City Clerk • 0 MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - WEDNESDAY, JANUARY 20, 1999 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: David Cole David Hunt City Manager City Attorney' Office Mayor Anderson called the meeting to order at 5:05 p.m. Ray McKelligott stated he is opposed to the consideration of John Barta's application to be switched to a longer term on the Planning Commission. The City Council discussed issues related to the guidelines for selection of advisory board members. Consensus of Council was to interview applicants and make appointments to the Planning Commission, continue interviews for the Harbor Advisory Board vacancies until February 25, 1999, and not accept late applications for the Public Works Advisory Board and Community Promotions Committee. MOTION: Councilmember Peirce moved the City Council continue the interviews for the vacancies on Harbor Advisory Board to February 25, 1999 at 6:00 p.m. in the City Hall Conference Room and to extend the present appointments to February 25, 1999. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) MOTION: Councilmember Peters moved the City Council authorize the City Clerk to advertise the vacancies on City advisory boards. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) • • The City Council interviewed the following applicants for Planning Commission: Robert Tefft, Theodore Averill, John Barta, Thad Baxley, Stephen Carnes, Scott Clucas, Donald Doubledee, Mary Fierros, Bernard Melvin and Coe Reiley. Mr. Baxley announced his immediate resignation from the Public Works Advisory Board to seek an appointment to the Planning Commission. Mayor Anderson called for a break at 8:28 p.m.; the meeting resumed at 8:35 p.m. The City Council then conducted interviews of the following applicants for the Public Works Advisory Board and Community Promotions Committee: Rick Grantham (PWAB), John Lemons (PWAB), Nancy Barta (CPC), William Clayton (CPC), John Solu (CPC) and Jon Wordsworth (CPC). Mayor Anderson called for a break at 9:53 p.m.; the meeting resumed at 10:00 p.m. The City Council voted as follows: Mayor Anderson: Stephen Carnes, Don Doubledee, Thad Baxley Councilmember Crotzer: Coe Reiley, Robert Tefft, Bernard Melvin Councilmember Elliott: Stephen Carnes, Don Doubledee, Thad Baxley Councilmember Peirce: Thad Baxley, Stephen Carnes, Don Doubledee Councilmember Peters: Coe Reiley, Stephen Carnes, Bernard Melvin MOTION: Councilmember Elliott moved the City Council appoint Thad Baxley and Stephen Carnes to four-year terms and Donald Doubledee to a two-year term on the Planning Commission. The motion was seconded by Councilmember Peirce and carried with Councilmember Crotzer and Councilmember Peters voting no. (3-2) fro A t3i :f . r :. 4I6 [mil The City Council voted as follows: Mayor Anderson: Councilmember Crotzer: Councilmember Elliott: Councilmember Peirce: Councilmember Peters: John Lemons, Rick Grantham Coe Reiley, Theodore Averill John Lemons, Rick Grantham Coe Reiley, John Lemons Coe Reiley, Rick Grantham 2 • MOTION: Councilmember Elliott moved the City Council appoint John Lemons and Coe Reiley to four-year terms on the Public Works Advisory Board. The motion was seconded by Councilmember Peters and carried with Councilmember Crotzer voting no. (4-1) The City Council voted as follows: Mayor Anderson: Nancy Barta, William Clayton, John Solo Councilmember Crotzer: William Clayton, John Solu, Jon Wordsworth Councilmember Elliott: Nancy Barta, William Clayton, John Solu Councilmember Peirce: Nancy Barta, John Solu, Jon Wordsworth Councilmember Peters: Nancy Barta, William Clayton, John Solu MOTION: Councilmember Elliott moved the City Council appoint Nancy Barta (Member at Large), William Clayton (Embarcadero Business), and John Solu (Motel/Restaurant) to four-year terms on the Community Promotions Committee. The motion was seconded by Councilmember Peters and carried with Councilmember Peirce voting no. (4-1) MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was • seconded by Councilmember Crotzer and carried unanimously. (5-0) The meeting adjourned at 10:54 p.m. • 3 City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicztrd to the preservation and mhanranent of the quality of Hfe. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and n5pansiee to the needs of the public. REGULAR MEETING - JANUARY 11,1999; 5:00 P.M. CLOSED SESSION - JANUARY 11,1999 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 DONVILLE V. CITY OF MORRO BAY SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV980098 • • STATUS REPORT ON ALL PENDING LITIGATION. This is a report on status and no action may be taken on any matter not specifically. listed. Council may request a specific matter be agendized in the future for action. CS-2 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 instructions to the Designated Representative. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE PUBLIC SESSION - JANUARY 11, 1999 VETERANS MEMORIAL IIALL - 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 r�K�g�►lIl[�LhhI�IH:I:� 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 CLOSED SESSION MEETING OF NOVEMBER 30, 1998, AND THE REGULAR MEETING OF DECEMBER 14, 1998; (ADMIN) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT - NOVEMBER 1998; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - NOVEMBER 1998; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 01-99 ADOPTING THE CITY'S INVESTMENT POLICY AND AUTHORIZING THE CITY TREASURER TO CARRY OUT SUBJECT POLICY ON BEHALF OF THE CITY COUNCIL; (FINANCE) RECOMMENDATION: Adopt Resolution No. 01-99. is A-5 APPROVAL OF SUBLEASE FOR A PORTION OF LEASE SITE 87/87W AND 88/88W; (HARBOR) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA. 2 A-6 RESOLUTION NO. 06-99 APPROVING LANDLORD'S ESTOPPEL CERTIFICATES FOR LEASE SITE 122-123/122W-123W; (HARBOR) RECOMMENDATION: Adopt Resolution No. 06-99 authorizing execution of landlord's estoppel certificates with First Bank of San Luis Obispo. A-7 RESOLUTION NO. 02-99 RATIFYING THE JOINT POWERS AGREEMENT FOR THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS; (ADMIN) RECOMMENDATION: Adopt Resolution No. 02-99. A-8 RESOLUTION 03-99 ANNOUNCING FINDINGS FOR ADOPTION OF AMENDMENTS TO THE LOCAL COASTAL PROGRAM LAND USE PLAN TO REGULATE ADULT ENTERTAINMENT BUSINESSES; (PLANNING) RECOMMENDATION: Adopt Resolution No. 03-99. A-9 AWARD OF CONTRACT FOR BID PROPOSAL FOR SUPPLYING CHEMICALS TO THE WASTEWATER TREATMENT PLANT - PW 98-16; (PUBLIC WORKS) • RECOMMENDATION: Award the project contract for bid proposal PW 98-16 to the low bidder, Pressure Vessel Systems, Inc. of Visalia. A-10 APPROVAL OF SALARY INCREASE FOR CITY MANAGER; (PERSONNEL) RECOMMENDATION: Approve a 1% salary increase for the City Manager effective November 30, 1998 and direct the City Attorney to calendar for closed session a personnel evaluation of the City Manager on June 14, 1999. A-11 UPDATED STATUS AND REVIEW OF EMERGENCY CONDITIONS OF ATASCADERO ROAD SEWER TRUNK LINE REPLACEMENT; (PUBLIC WORKS) RECOMMENDATION: Determine the need to continue emergency action regarding replacement of the jointly -owned sewer trunk line pursuant to Section 22050 of the Public Contract Code. ' 9". oil►f�:J,9 B-1 RESOLUTION NO. 04-99 ADOPTING THE 1998 ANNUAL WATER REPORT �. AND 1999 ALLOCATION RECOMMENDATION; (PLANNING) RECOMMENDATION: Adopt Resolution No. 04-99. 3 • B-2 RESOLUTION NO. 05-99 AMENDING THE CHANGE IN BOUNDARIES OF UNDERGROUND UTILITY DISTRICT NO. 6; (PUBLIC WORKS) RECOMMENDATION: Adopt Resolution No. 05-99. B-3 ORDINANCE NO. 477 AMENDING MORRO BAY MUNICIPAL CODE SECTION 14.72: FLOOD DAMAGE PREVENTION - FIRST READING/ INTRODUCTION; (PUBLIC WORKS) RECOMMENDATION: Approve first reading and introduction of Ordinance No. 477. C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 475 ADDING CHAPTER 5.40 TO THE MORRO BAY MUNICIPAL CODE REGULATING THE SOLICITATION OF BUSINESS AND DISTRIBUTION OF ADVERTISING MATERIAL - SECOND READING/ ADOPTION; (POLICE) RECOMMENDATION: Approve second reading and adoption of Ordinance No. 475. • D. NEW BUSINESS D-1 CONSIDERATION OF COUNCIL SUPPORT FOR CALIFORNIA COASTAL COMMISSION APPOINTMENT; (ADMIN) RECOMMENDATION: Discuss and make a recommendation to the City Selection Committee when the Governor notifies the County of a vacancy. 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 - JANUARY 11, 1999 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: David Cole City Manager Robert Schultz City Attorney MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) • Mayor Anderson read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.9L1; CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION • DONVILLE V. CITY OF MORRO BAY, SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV980098 • STATUS REPORT ON ALL PENDING LITIGATION. This is a report on status and no action may be taken on any matter not specifically listed. Council may request a specific matter be agendized in the future for action. CS-2 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 instructions to the Designated Representative. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:54 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 5:54 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1999 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: David Cole Robert Schultz Bridgett Bauer Rick Algert Robert Hendrix Jeff Jones Joe Loven Andrea Lueker Shauna Nauman Steve Sylvester City Manager City Attorney City Clerk Harbor Director InterimPublic Works Director Fire Chief Police Chief Recreation & Parks Director Interim Planning&Building Director City Engineer ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - No reportable action was taken. Biz Steinberg, Director of EOC, presented Councilmember Janice Peters with a plaque for her representation on the EOC, and also acknowledged Councilmember Crotzer who will be serving as the City's present representative on the EOC. Jim Nance expressed his opposition to Item C-1 (Ordinance No. 475 Adding Chapter 5.40 to the Morro Bay Municipal Code Regulating the Solicitation of Business and Distribution of Advertising Material) by airing an old Abbott and Costello video clip. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1999 John Barta acknowledged the Winter Bird Festival and the various scheduled events. He also expressed opposition to Item C-1 stating it is treading on fundamental civil rights. The following people addressed spoke in support of the Chorro Flats Enhancement Project, and its affect to the Chorro Creek Bridge: Linda Chipping, President of the Board of San Luis Coastal Resource Conservation District; Malcolm McEwan, Project Coordinator for Chorro Flats Enhancement Project; and Scott Robbins, U.S. Department of Agriculture and Natural Resources Conservation District Representative and leader of the Morro Bay Watershed Project. Charlie Palmer addressed expressed opposition to the Chorro Flats Project addressing and the amount of sedimentation that is deposited in the bay. The following people expressed opposition to the invocation portion of the City Council agenda: Rick Fabrick, Bob Ladd, Harold Halicaniun, Ellen Sturtz, Peggy Koteen, and Paul Grisler. • Hank Roth and Harry Rogers expressed support for invocations at City Council meetings. Ha.., Rogers .,....lauded the efforts of the City Council, and expressed s poft for praye at G :i Fneetings, The following people expressed opposition to the adoption of Ordinance No. 475 Adding Chapter 5.40 to the Morro Bay Municipal Code Regulating the Solicitation of Business and Distribution of Advertising Material: Mike Warden, Cub Scout Leader; Meredith Bates; Tamaron Poppendocker, Brownie Troop Leader; Maria Slavin, Boy Scouts Leader; and Lynda Merrill. Steve Mathieu, AGP Video requested donations be made to the Friends of 54 fund to support Channel 54. Nancy Castle also requested donations be made to the Friends of 54 fund, and also said televisions are needed for monitors. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Crotzer requested a report on City water conservation efforts. City Manager David Cole said staff can address the matter in conjunction with the agenda item slated for the February 8, 1999 City Council meeting. • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1999 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 CLOSED SESSION MEETING OF NOVEMBER 30, 1998, AND THE REGULAR MEETING OF DECEMBER 14, 1998; (ADMIN) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT - NOVEMBER 1998; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - NOVEMBER 1998; (FINANCE) • RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 01-99 ADOPTING THE CITY'S INVESTMENT POLICY AND AUTHORIZING THE CITY TREASURER TO CARRY OUT SUBJECT POLICY ON BEHALF OF THE CITY COUNCIL; (FINANCE) RECOMMENDATION: Adopt Resolution No. 01-99. A-5 APPROVAL OF SUBLEASE FOR A PORTION OF LEASE SITE 87/87W AND 88/88W; (HARBOR) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA. A-6 RESOLUTION NO. 06-99 APPROVING LANDLORD'S ESTOPPEL CERTIFICATES FOR LEASE SITE 122-123/122W-123W; (HARBOR) RECOMMENDATION: Adopt Resolution No. 06-99 authorizing execution of landlord's estoppel certificates with First Bank of San Luis Obispo. A-7 RESOLUTION NO. 02-99 RATIFYING THE JOINT POWERS AGREEMENT FOR THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS; (ADMIN) RECOMMENDATION: Adopt Resolution No. 02-99. • a] • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1999 A-8 RESOLUTION 03-99 ANNOUNCING FINDINGS FOR ADOPTION OF AMENDMENTS TO THE LOCAL COASTAL PROGRAM LAND USE PLAN TO REGULATE ADULT ENTERTAINMENT BUSINESSES; (PLANNING) RECOMMENDATION: Adopt Resolution No. 03-99. A-9 AWARD OF CONTRACT FOR BID PROPOSAL FOR SUPPLYING CHEMICALS TO THE WASTEWATER TREATMENT PLANT - PW 98-16; (PUBLIC WORKS) RECOMMENDATION: Award the project contract for bid proposal PW 98-16 to the low bidder, Pressure Vessel Systems, Inc. of Visalia. A-10 APPROVAL OF SALARY INCREASE FOR CITY MANAGER; (PERSONNEL) • RECOMMENDATION: Approve a 1% salary increase for the City Manager effective November 30, 1998 and direct the City Attorney to calendar for closed session a personnel evaluation of the City Manager on June 14, 1999. • A-11 UPDATED STATUS AND REVIEW OF EMERGENCY CONDITIONS OF ATASCADERO ROAD SEWER TRUNK LINE REPLACEMENT; (PUBLIC WORKS) RECOMMENDATION: Determine the need to continue emergency action regarding replacement of the jointly -owned sewer trunk line pursuant to Section 22050 of the Public Contract Code. Councilmember Crotzer pulled Items A-1 and A-10 from the Consent Calendar; and Councilmember Peirce pulled Item A-11. MOTION: Councilmember Crotzer moved the City Council approve the Consent Calendar with the exception of Items A-1, A-5, A-10, and A-11. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) 5 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1999 A-1 APPROVAL OF MINUTES FOR THE CLOSED SESSION MEETING OF NOVEMBER 30, 1998, AND THE REGULAR MEETING OF DECEMBER 14, 1998; (ADMIN) Councilmember Crotzer stated he will abstain from voting on the minutes of November 30, 1998 since he was not present at that meeting. MOTION: Councilmember Crotzer moved the City Council approve Item A-1 of the Consent Calendar with the inclusion of his abstention to the minutes of November 30, 1998. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-10 APPROVAL OF SALARY INCREASE FOR CITY MANAGER; (PERSONNEL) Councilmember Crotzer stated he does not support a salary increase for management at this time. He said Council should consider the salaries of the rank and file employees • before approving management salaries. MOTION: Councilmember Elliott moved the City Council approve Item A-10 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried with Councilmember Crotzer voting no. (4-1) A - II UPDATED STATUS AND REVIEW OF EMERGENCY CONDITIONS OF ATASCADERO ROAD SEWER TRUNK LINE REPLACEMENT; (PUBLIC WORKS) Councilmember Peters requested an update on this project for public information. City Engineer Steve Sylvester reported on the progress of the Atascadero Road Sewer Trunk Line Replacement Project. MOTION: Councilmember Peters moved the City Council approve Item A -I I of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) Mayor Anderson called for a break at 7:28 p.m.; the meeting resumed at 7:43 p.m. 1 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1999 plate C51 .'O: .. B-1 RESOLUTION NO. 04-99 ADOPTING THE 1998 ANNUAL WATER REPORT AND 1999 ALLOCATION RECOMMENDATION; (PLANNING) Interim Planning & Building Director Shauna Nauman reviewed the 1998 annual water report and recommendations for the 1999 annual allocation. She said the purpose of the report is to advise the City Council of the status of the water allocation program and to set the next year's annual allocation for residential and commercial growth in accordance with the provision of Measure F. Based on this information, Ms. Nauman recommended the City Council adopt Resolution No. 04-99 approving the 1998 annual water report and 1999 allocation recommendation. Mayor Anderson opened the hearing for public comment. Harry Rogers suggested maintaining the present allocation distribution which has worked well. is Charlie Palmer addressed water rates and suggested eliminating the water equivalency program which does not represent the way water is used at this time. Mayor Anderson closed the public comment hearing. Councilmember Crotzer stated with the likelihood of severe water shortages for residents in the near future and the ramifications of encouraging a growth boom, he suggested going back to the historic allocation of 50 water equivalency units for single family residences. Councilmember Peirce stated Morro Bay residents are using less per capita of water than any other cities in the State. He said with the diminishing retrofits available in the City, perhaps it is time to look for an alternative method of water conservation. Councilmember Peters stated she accepts the proposed number of allocations, however, she suggested amending Item 3 (Retrofit Program), third paragraph of the 1998 Annual Water Report to read: "It appears there are sufficient retrofits within the community to support the projects which are currently processing building permits", and delete the remainder of the paragraph. 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1999 Councilmember Elliott addressed the number of permits that are ready to begin building, and the number of permits that are ready, however, do not have the necessary water equivalencies to begin construction. He said it is bothersome that there are a certain amount of retrofits available and some people cannot locate retrofits in order to move forward with their projects. Mayor Anderson agreed with Councilmember Peters' recommended amendment to page three of the annual water report, and move forward with the recommended allocations. He also stated the retrofit program should be noted on outgoing water bills. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 04-99 with the amendment to the 1998 Annual Water Report to read: "It appears there are sufficient retrofits within the community to support the projects which are currently processing building permits", and delete the remainder of the paragraph. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) • B-2 RESOLUTION NO. 05-99 AMENDING THE CHANGE IN BOUNDARIES OF UNDERGROUND UTILITY DISTRICT NO. 6; (PUBLIC WORKS) Interim Public Works Director Robert Hendrix reviewed the amended boundaries for Underground Utility District No. 6. He stated the fiscal impact will be approximately S 18,900 for street lights and for the conversion of two buildings to receive underground service which would be budgeted in the 1999/2000 fiscal year. Mr. Hendrix recommended the City Council adopt Resolution No. 05-99 amending the change in boundaries. Mayor Anderson opened the hearing for public comment. Albert Jorge stated an easement was issued to PG&E in 1974 in order to allow the utility pole to remain in the central block behind the Chamber of Commerce building. He said the City meets all criteria for permitting the use of Rule 20 funds for the removal of mid - block utility lines. Mr. Jorge recommended the City Council postpone approval of this change in boundaries of underground utility district and give further consideration to the utility lines in the City. Harry Rogers stated there is no reason to leave these utility lines up which will cost the City more money in the long run. • Mayor Anderson closed the public comment hearing. N • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1999 Councilmember Crotzer stated this proposal is setting precedence, and undergrounding of utilities should be considered throughout the City. Consensus of the City Council was to postpone this project based on the feasibility of the project. No further action was taken on this item. B-3 ORDINANCE NO. 477 AMENDING MORRO BAY MUNICIPAL CODE SECTION 14.72: FLOOD DAMAGE PREVENTION - FIRST READING/ INTRODUCTION; (PUBLIC WORKS) City Engineer Steve Sylvester reviewed Ordinance No. 477 amending Morro Bay Municipal Code 14.72 - Flood Damage Prevention. He stated in order for the City to continue participation in the National Flood Insurance Program, the State of California Department of Water Resources has required the City to adopt a new flood damage prevention ordinance. Mr. Sylvester recommended the City Council approve the first reading and introduction of Ordinance No. 477. • Mayor Anderson opened the hearing for public comment; there were no comments, and the public comment period was closed. City Attorney Robert Schultz recommended the ordinance be amended to repeal the previous Ordinance No. 306. Council concurred. MOTION: Councilmember Crotzer moved the City Council approve the first reading and introduction of Ordinance No. 477 amending Morro Bay Municipal Code Section 14.72 as amended. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) City Manager David Cole read Ordinance No. 477 by title and number only. Mayor Anderson called for a break at 9:42 p.m.; the meeting resumed at 9:47 p.m. • LS • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1999 C-1 ORDINANCE NO. 475 ADDING CHAPTER 5.40 TO THE MORRO BAY MUNICIPAL CODE REGULATING THE SOLICITATION OF BUSINESS AND DISTRIBUTION OF ADVERTISING MATERIAL - SECOND READING/ ADOPTION; (POLICE) Police Chief Joe Loven responded to comments made during Public Comment, stating this ordinance sets simple guidelines for small community and business groups. Chief Loven recommended amendments to Sections 5.40.010 and 5.40.020. Councilmember Peirce stated the registration card policy could be rather onerous for school children soliciting for school or community groups. Councilmember Crotzer stated he is opposed to this ordinance because it is redundant and consists of superfluous legislation. • Councilmember Elliott stated this ordinance is not as convoluted as people make it out to be. Councilmember Peters stated this proposed ordinance is too comprehensive, and proposed amendments in order to streamline the process. Mayor Anderson stated this ordinance is meant to be used as a tool by the Police Department to deal with the undesirable element soliciting door to door. City Attorney Robert Schultz reviewed the possibility of eliminating the requirement for a registration card from those who already have a business license. MOTION: Councilmember Elliott moved the City Council approve Ordinance No. 475 for first reading and introduction with the amendments specified by Chief Loven. The motion was seconded by Mayor Anderson and failed with Councilmember Crotzer, Councilmember Peters and Councilmember Peirce voting no. (2-3) MOTION: Councilmember Peters moved the City Council approve Ordinance No. 475 for first reading and introduction containing the amendments she proposed eliminating this process for local people. The motion was • seconded by Councilmember Peirce and carried with Councilmember Crotzer and Councilmember Elliott voting no. (3-2) 10 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 11, 1999 City Attorney Robert Schultz stated he would like to review the constitutionality of this motion, and suggested the City Council allow himself and Chief Loven to come back with another draft ordinance containing the proposed amendments recommended by staff and Councilmember Peters for first reading and introduction. Council concurred. ONERawmDAP&W D-1 CONSIDERATION OF COUNCIL SUPPORT FOR CALIFORNIA COASTAL COMMISSION APPOINTMENT; (ADMIN) Mayor Anderson stated Governor Gray has not notified the County of San Luis Obispo of a vacancy on the California Coastal Commission at this time, and recommended the City Council wait to make a recommendation to the City Selection Committee until the Governor notifies the County of a vacancy. Councilmember Crotzer stated it would be beneficial for the City Council to recommend someone from this coastal zone to be represented on the California Coastal Commission. • The City Council agreed to consider an endorsement when a vacancy becomes available. No further action was taken on this item. The meeting adjourned at 11:00 p.m. Recorded by: �z U �AtitR.J�/ Bridgett Bauer City Clerk